Loading...
HomeMy WebLinkAboutCC 1975-09-25 MinutesINDEK MINUTES OF REGULAR MEETING CITY COMMISSION OF MtAMI, FLORIDA ITEM NO 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18, SUBJECT SPECIAL BUDGET MEETING - ADOPTION OF T3ufc F, ;SETTLEMENT OF UNION AGREEMENTS SHIFT FUNDS TO GENERAL FUND RESEARCH CITY POLICY REGARDING RETIREES PERSONAL APPEARANCE - MR8. ELIZABETtH V] RRTrK Presentation of cheek representing monies not used with thanks to "Coconut Grove Cares PERSONAL APPEARANCE - Jack Alfonso in regard to Zoning Board matter PERSONAL APPEARANCE - Representatives of Southern Bell Telephone Co to discuss the "911" Dialing System HOT RECEPTION FOR DELEGATION V.T.SITING ON SISTER CITY PROGRAM ENVIRONMENTAL PRESERVATION REVIEW BOARD Discussion of conflict of interest of the members MOTION TO WAIVE READING OF MINUTES REQUEST FOR CHANGE IN ZONING CLASSIFICATTnN Lots 19, 20, Block 3 - Glen Haven 2822 N. W. 22 Avenue REQUEST FOR CONSTRUCTION OF WOMEN'S DETENTIOP CENTER-1401 N. W. 7 Avenue GRANT 1-YEAR EXTENSION OF CONDITIONAL USE 2110 Brickell Avenue CONVENTION CENTER Set meeting for architectural presentations PERSONAL APPEARANCE - Dr. H.King Stanford RE: UofM Proposal for conference center GET WELL WISHES TO RET,MJR.John DiT1ucchio COMMUNITY DEVELOPMENT ACT STAFFING Introduction of staff by Charles Crumpton REPORT BY COMMISSIONER GORDON on Task Force recommendations on JUVENILE CRIME prevention REPORT BY CITY ATTORNEY ON THE STATUS OF F,E,C, AND BALL POINT PROPERTIES WATER BORNE TRANSPORTATION SY^TEM REQUEST METRO TRANSPOORTATION TO ESTABLISIH RAPID TRANSIT STATION AT CONVENTION CTR,SITE AFFIRMATIVE ACTION ADVISORY BOARD Appointments to Board Appearance of Employee Groups Discussion of input to board 1 ORDINANCE OR RESOLUTION NO M75-854 DISCUSSION DI CUSsION DISCUSSION M75-855 Referred to the City Attorney DENTED BY M75-856 Referred to the City Manager. "475-857 R75-858 DTSCUSSTON M75-859 DTsrUSSTON "1, 75-860 P175-861 DTC MY4F TO! DTSCUSSTON 117 -863 m75-864 M75-865 PAGE NO, 1 1=8 9=10 10=13 13=17 17 17=19 19=22 f< 22=23 23=24 24 25=27 27=29 29=31 32=35 35 36=4 mower*V-7.---awatioSMAttiggiioillaIMINIOMMINY 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31, MINUTES OF REGULAR MEETING CITY CO/MISSION OF MAC FLORIDA vimmiumiami PLAQUtAu CERTIFICATES OP APPRECIATI-ON FTCI •AttlAGt PORCt MAIN - Rotting thru Pishor • Isian4 to Virginia Xty.. .. • . . Appearance of Miami each flfficLils SEMI-ANNUAL PUBLIC HEARING TO CONSIDE11 APPLICATIONS FOR TAXICABS & FOR HIRE CARS HI -CENTENNIAL PARK Accept proposal for Sensory Garden Award Bid to M.R.Harrison with waiver of informalities PERSONAL APPEARANCE - Senator Firestone Discussion of establishment of "Foreign Trade Zone in the City of Miami" CIVIL SERVICE RULE CHANGES- Brief Djscussio and deferral AMD.ORD.8025 - FIRE PROTECTION Chap.17 CODE( PERSONAL APPEARANCE- Mr.Aaron Adirim DENIAL OF WASTE COLLECTION LICENSE REDUCE MARTIN LUTHER KING DEVELOPMENT CORP. AND RESTORE FUNDS TO WYNDWOOD COMMUNITY DAY CARE CENTER $15,330 PERSONAL APPEARANCE- POLICE CHIEF GARLAND WATKINS - BUDGETARY MATTER GRANT REQUEST FOR CASA DE ESPANA INC. for free use of WATSON PARK & sHowmnBILE for Spanish Heritage, Week CIVIL SERVICE RULES - changes AMEND RETIREMENT ORDINANCE 2230, 5624 by ADDING POSITIONS OF Assistant City Clerk Assistant Executive Secretary, Civil Service Board Assistant Executive Secretary, Board p Planning OTscussioN R75-866 M75-867 M75-868 M75-869 M75-870 R75-871 EMER.ORD. NO. 8445 DISCUSSION EMER.ORD. NO. 8446 DISCUSSION M75-873 ORDINANCE 8447 8448 8449 8450 8451 8452 8453 8454 8455 8456 8457 8458 8459 8460 ORDINANCE 8461 48 48=50 51=52 5267 68=69 69 70 71=72 7: •f 72=73 73=74 ITS NO. SUBJECT INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI,. FLORIDA ORDINANCE OR RESOLUTION NO PAGE NC„-; 32, REPgAL CHAPTER 51 Of CODOLICIT/NC 33, AWARD BID V1R-GINIA KEY PILL - 1975 34, ACCEPT COMPLETED WORK - Wainwright Park ImprovetentS 1975 15. ACCEPT COMPLETED WORX - Bicentennial Park Phase tt Complaint about COMFORTSTATI0N-Margaret Pace Park 36. CANCEL A COVENANT TO RUN WITH THE LAND G.0 =IOW & C.V.W TRICE 37. RATIFY & CONFIRM ACTIONS OF CITY MANAGER CANCEL AND REISSUE P.O. FOR VANS & WAGONS 38. 39. REPAIRS TO LAWRENCE STORM PUMP STATION No.31 AMUSEMENT RIDES PERMIT- Aliapattah Branch Y.M.C.A. - CUBAN UNIT JMH Hospital Community Health Program 40. AMUSEMENT RIDES PERMIT- St. Dominics Church 41. ACCEPT PLAT - MORLEN SUBDIVISION 42. CLAIM SETTLEMENT - ANDREA FALCON 43, CLAIM SETTLEMENT - DORIS M. COPELAND estate of ALBERT A. ANDERSON 44. 4. 46. AWARD BID - TENNIS COURT RESURFACING APPOINT MEMBERS TO YOUTH ADVISORY BOARD ACCEPT BID - SOUTHERN DRAINAGE PROJECT E-35 47. AWARD BIDS - INDUSTRIAL SWEEPER HYDRAULIC GANG MOWER EARTH AUGER 8. AWARD BID - TENNIS CURTAINS -6 City parks 49. 11WARD BID - BICENTENNIAL PARK-M.R.Harrison 50. SET DATE FOR WORKSHOP SESSION & PUBLIC HEARIN 1975-76 FEDERAL REVENUE SHARING FUNDS 51. MIAMI CENTRAL STOREFRONT PROJECT 52. PURCHASE 2 REPLACEMENT ASH TRAILERS AND REBUILD 2 ASH TRAILERS 53, REPORT ON WATER TRANSPORTATION PROPOSAL 54, PREPARED RESOLUTION - ACCEPT PLAN FOR A "SENSOR' GARDEN" AT BICENTENNIAL PARK 55, PERSONAL PEIWCE APPEARANCELOFTEN MONCUR Community Rally Against Crime 1 Nt 8 2 *WI 83 83 83 84 84 84=85 85 85 86 86=87 87 87 88 89 89 89 90 90 91 91 OT.1), 8462 17/5-874 R75-875 R75-876 R75-877 R75-877 R75-878 R75-879 7 5 - 8 8 0 R75-880 R75-882 R75-883 R75-884 R75-885 R75-286 1175-887 R75-888 R75-889 R75-890 R75-891 R75-892 R75-893 DISCUSsTnN R75-894 75-895 R75-896 R75-897 $ DISCUSSION ITEM NO 56, 56. "A" 56 "an i 57. 58, 59. 60, 61. 62. 63. 64. 65. INEK MINUTES OF REGULAR MEETING CITYCOMMISSION OF MI I* FLORIDA SUBJECT DETERMINE nal USE Off' MUNICIPAL JUSTICE BLDC IN TERMS OP YOUTH OF OUR COMMUNITY REPORT ON TRIP TO ATLAINTA APPOINT LOFTONN MoNCUR TO YoUTtt ADVISORY ED. PENSION FUNDS ' MISCELLANEOUS DISCUSSION EMERGENCY ORnINANCE INCREASE PENSIONS PoR RETTRED= PERSONS . BY 1/'4 % REPORT BY CITY ATTORNEY- LEGISLATIVE PROCEDURES CHANGE DATES OF NOVEMBER COMMISSION MEETINGS DECLARE OCTOBER 27 AS OFFICIAL OBSERVANCE IN THE CITY AS VETERANS DAY FREE USE OF T ATSON PARK AND SNOWMOBILE SPANISH HERITAGE WEEK FREE USE OF ROBERT KING HIGH PARK RESOLUTIONONO4IPAGE N R75 -898 1 99 99=102 102 DTSCUSSION 102.=10 ORD. 8463 104 DISCUSSION 105 R75-899 105 R75-900 106 R75-901 R75-902 AUTHORIZE MANAGER TO FILE APPLICATION FOR GRANT CONSTRUCTION OF BAYFRONT PARK UNDER TERMS OF PUBLIC LAN 90-136 AS AMENDED R75-903 PENSION AMORTIZATION - 35 YEAR FUNDING FAILED TO PASS AS EMERGENCY ORDINANCE ADJOURNMENT DISCUSSION 106 106 107 107=11- *************** MINUTES OF R GI LAR•MIEETI A OF Tit CITY COMMISSION OF MIAM., FLORIDA *****.**** ON THE 2 TH DAY OF SEPTEMIER, 1g7S, THE CITY COMMISSION F MI MI , R- D ME AT ITS REGULAR MEETING PLACE IN THE I TY MALL, 5 0U'AN AME R I CAN DRIVE, M I AM I, FLORIDA IN REGULAR SESSION. THE MEETING ilAS CALLED TO ORDER AT 8:50 O'CLOCK AIM, BY MAYOR MAURICE A, VERRE WITH THE FCLLOWING MEMBERS OF THE COMMISSION FOUNT TO E PRESENT LMPI SS I ONER MANOLO EBOSO COMMtSSI ER (,EVI) HEODoRE GSONOMMISSIR RO GORDON VICE AYORL, LfMER, JR, AYOR AURICE A, bERRE P W. ANDREWS, CITY MANAGER A, P, LROVCH ASSISTANT CITY MANAGER JOHN JS , LLOYD, LIP ,T ORNEY H D SOUTH RN, LITY LERK RALPH b.UNGIE, ASSISTANT ITV CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, ALSO PRESENT: -SPECIAL BUDGET MEETING- 1, ADOPTIO1 OF BUDGET (SEE LATER) SETTLEMENT OF UNION AGREEMENTS SHIFTING OF FUNDS TO GENERAL FUND AND RESEARCH CITY POLICY REGARDING RETIREES Mayor Ferre: Mr. Andrews, how would you like to do this, sir? Mr. Andrews: I would like to give the City Commission an explanation of what has transpired at the conclusion of our meeting at approximately 4 O'Clock to this :lour and I would like to proceed with Mr. Lanken making a presentation as to fur- ther negotiations that took place between the employee organizations and the city administration. Mr. Lanken. M.. Joel Lanken: Mr, Mayor and members of the City Commission, On Tuesday you recall that we were some $325,000 apart in settlement between the police and fire groups as well as AFSCME and I'm happy to announce thatwe've gone ahead and closed the issue out along favorable terms to the extent that both parties compromised the issue and bargained out on the basis that is recommended that we provide a 6% cost of living increase effective October 1, 1975 and splitting the difference between parties recommend an additional 2% cost of living increase effective June 1, 1976. With that the respective bargaining teams of each of the organized groups of labor have taken a position that they'll recommend that settlement to their membership. They've done so on the basis of being sensitive of the economic strains being placed upon the city and I'd like to personally commend each of their teams for the professional way and the sensitive way in which they've handled their post- ures. Mayor Ferre: Let me add my voice to your's because they certainly could have been if they had wanted to they could have forced the issue and I have a feeling that they wouldhave gotten more than three votes out of this commission if not five and therefore, I think when people act that way, and l really want to say it pub- lcally, this is a clear indication that the members of the bargaining team are responsible reasonable and certainly public servants in the best sense of that word and I really want to add my words of commendation and congratulations and note for those that are our constant critics to realize that this is no San Francisco and that we don't have to get into hassles we can ' solve our problems by sitting down at the conference table and coming to 4 conclusion and that the employee and the union groups are responsive and responsible groups and I couldn't see a clearer SEP 21975 inditation of thist They ttuld haVe pressed the issue and yet they tealited that the City lb up against the toll afid we're strapped and they didn't do it and that certainly speaks up. Mrs. torden: 1 tbend them alte, Mt, Mayi5t, you said it Very well, 1 also thihk it inditates and clearly so that there is a two way street oh trust and confidence between all parties. kev. Gibson: Mr. Mayor* let me ask a question. I preach and 1 know what it: is to 'gat amen.., Where are the people from the barh-4 gai hg toaM? where ate they/ Paige your hands. you know you're going te see Me later on. Ok# you all agreeing with at Mr. Lanken said/ Ole, 1 Welt to add my congratulations, Mow Wit other thing, that about Tony and these? Mr. Andrewet That's hext, ReV. abaft: Ok. so thank you gettleMen for being tonsidetate and uhdcrstanding. Mr. Plummer: tether, 1 didh't hear them say ahmen. Mr. Mayor, my comments will be very brief. 1 think cooperation is a two -Way street. I think that two-way street has beet acdomplighed by the actions taken and I congratulate everybody concerned. Mr. Andrews: Mr. Mayor and members of the commission, we then search for a way to try to adjust the Cost of living increase for the retirees that would resem- ble that similar type cost of liVitg that has been granted to the employees and I am recommending to you that you consider adjusting the retirees cost of living to 3/4 of 1%. For the 10 year employee that represents a 7,% increase and parallels Very closely the 8% that's granted. Mrs. Gordon: Did the employee groups find that acceptable? Mr. Andrews: Well, Mr. Tony Wilcox is here, / spoke to him brifely about this this morning and explained to him some of the city's constraints and I'll let him speak for himself. Mr. Tony Wilcox: Naturally we'd like to have the 1% we started out for but this late in the year and the budget I feel that we will have to accept it. Mr. Andrews: Now Mr. Mayor and Mr. Wilcox, if you will please come forward again so there is absolutely no misunderstanding, and there was one year, that this 3/4 of 1% is going back to the base and is not compounding the already granted emolu- ment. Mr. Wilcox: I am against that because that's not fair. The employees are not getting the raise on what they started at, I don't think it is fair to take the retirees and go back to what they were finished off on. Some of them finished off at $80 a month. Mayor Ferre: Well, how did we do it last year? ... May I explain it very quickly, T think I cn get right tothe heart of it. If a man makes $100 when he retires... If a man makes $100 and we give him a 1% increase per year, suppose he gets up to $110. Ok? Now what the Manager is saying is that the 1% increase that we're giv- ing, 3/4 in this case, is on the base of $100 and what he is saying is it ought to be on the base of $110. Mr. Andrews; That's correct, Last year this difference amounted to about $55,000. This year it would amount to about $40,000. Mrs. -ordon: I'm sorry, Mr. Manager, I,. You know I feel very badly about this because we sit and we budget things sometimes that we could maybe do without, another vehicle here or there. But I don't know how I'm going to do without any food and I don't see how anybody can live on money they're getting. I just can't see the way you're getting at this thing and the way you're coming in on it. Mr. Plummer: What is the difference? (INAUDIBLE RESPONSE) No, there is no quest- ion they've got to get it, That's all, It's got to be, mayor Ferre; What did we do last year, Mr. Andrews? Was it compounded? Mr. Andrews; It was compounded for the first time last year, Mayor Ferre; Well then let's compound it now for the Second time is what I think you're hearin9 here, $EP 25197 keii. Gibson: Mr, Mayer* 1 think eVetyliody khous that 1 raised this issue last year end fif'fe of the things we directed the staff to do was to do something about this situation. tt irritates me, it is demeaniig to have these senior citisehs crane Lip here witheut any Muscle with their hat in their hand. 1 think this coin* mission, five of 'ue, need to stand e yourselves like teen and say to the adiiiniatratiofi, "We're going to cut this foolishness out." Now, Mr. Andrews* pleaee don't get angry with ine, 1 juet feel that you catmbt afford ih a Clay like this. You Mean tO tell me some of these people get it than $10o? Mr. Andrews: yes, sir, with the pensi:ot ..... father Gibson, you have to ut der- stafid how that comae about. That might have been ah employee that only worked a few years for the city atd retired. 1 don't know hogs many of the 1476 employees are at that level. There may oily be three or four of them. Mayor metre: I have to interrupt now because at this very moment we have a distinguished judge and former colleague of ours hone other than Irwih Christie walking into the room and 1 think protocall calls that we have to recognise him, Mr. Andrews: Mr, Mayor and members of the commission, I sense what the commission is trying to accothplieh. We have based all our calculations on this $90,000 and 1 recomfuend that you do the following then and that is that you adopt a motion of ihteht as to your wish that this be 3/4 of a per cent over and above the existing emolument and not revert back to the base. If you will with that in place adopt the appropriations ordinance as we have it now fixed we will then come back and supply you with an amended appropriations ordinance that will make this adjustment. ... I don't know where it is going to come from, I'll have to come back with those recommendations to the commission separately. Mr. Wilcox: The ordinance last year called for 1% of the present and I thought that what he was talking about and that's what we went into the Manager's office about with the first meeting we had with him... Mr. Andrews: Alright, we'll have to wait with the appropriations ordinance then and adopt it at the end of the day. Mayor Ferre: Yes, I think it might be misconstrued. I think we ought to do the whole thing together so that we know where the money is coming from. You know things happen so fast around here and tempers flare about who understands and misunderstands. I want to tell you something the way things go around here .we are at fault for people misunderstanding things because we either go too quickly or we don't explain things explicitly enough and I start with myself on that. And on that vein I want to make sure that we understand the way I thought we left it and maybe it wasn't clear enough, Paul. The other day when Senator Gong was here and he came up with recommendations and questions about the legality of our using the funds from the 4% for paying Social Security (Do you remember that whole hassle we went through?) Yesterday I ran into attorney Dan Paul who said that we were in violation and that this was going to be a lawsuit.(on the question of what Mr. Gong explained us.) Now I explained here and Mr. Lloyd said that it was not illegal and we were following our legal interpretation. However, to avoid any possible misunder- standing and without accepting any wrong doing in the past I think it would be the wiser thing to do if just shifting from one pocket to the other because the key decis- ion was what John Lloyd told us at the end of the day when he said that the Pension 4 mills comes from the total 10 mill cap which the legislature has imposed upun us. Now if that is the case what is the difference whether you lable it "A" or "B" when it all comes out of the same 10 mill cap? So as I understand it the way we're leaving this is that we are only taking from the Pension Millage strictly the Pension Millage. And we are shifting the rest of the millage including Social Security and the other items which amounted to almost $3,000,000 over to the regular millage, Is that cor- rect, Mr. Andrews? Mr. Andrews; We were not planning to do that but as I stated to the City Commission if that's the commission's wish that can be accomplished. However, there's one dis- advantage as you should be aware of at this time and that is if we shift that over and then we hopefully get legislation to have the pension, the millages excluded like debt service is then there would have been an opportunity to have included that $3,000,000 along with it. Mayor Ferre; At that point, Mr, Andrews, and Mr, Lloyd would go to court or some- body would have to go to court and say, "Your honor, this is the way we see it and we want a declaritory on this so that we don't have anymore hassle on this," We stopped doing it because there were potential threats of suits and to avoid potent- ial threats and we really don't need it, we did it, And I want to stipulate in my remarks that I am in no way admitting any wrong doing, Our attorney has ruled that it was Correct and our manager has said that it was correct and I am not in any way SEP 2 197 implying that it its not. I'm lust saying let's take the snore conservatiVe rote and t stand corrected that the news story was accurate then and that I was talking to you abut: Accurately reported and l waa wrong so t apolo= gite for that and i hope we cah get this thing clarified at this point. I hope it is going to be a policy of the Commission and Mr. Plummer: Mr, Mayor, till offer° a motion at this time that all funds, as it relates to the Charter provision for the funding of the pension Puha, all tnattere hot relating to pehaiohs be Moved out and mould into the 'General Pund heaving just those moneys for pension. till make that ih the forth of a Motion Mayer 1!''erre: tf you would add to that, 1 could vote for it a lot easier, that this in no way implies any wrong doing on the part of the city. You see, r don't want that to be construed by a court later as an admission of wrong doing, t'M riot ah attorney. Mr tiwin►er: 1 don't think it really has any bearing. The court is going to make that decision anyhow. Mayor ?erre: But t don't want that decision to be trade by any actions that we take. If that's submitted into evidence as part of the argument, Mr. Plummer: Alright, I'll offer it with that stipulation. Mr. Andrews: A point of clarification, Mr. Mayor. t realize there is no second as yet but you may want to clarify the motion. hoes this include all of the adminis- trative costs too? Not the administrative cost.... You're just talking about the two items, the Social Security and the hospitalization. Mr. Plummer: No. Now please, so there will be no misunderstanding, you want to ask me that question as chairman of the Board of Pension ...? Mr. Andrews: No, I'm asking the Mayor for clarification... Mayor Ferre: He's making the motion. I would hope that all things that are related to Pension otters directly or indirectly be included into the Pension Millage and that would include administration. Now that does not include Social Security and hospitalization which are not part of the pension on a I;tri.cly speak- ing directly or indirectly. That is the way I would understand i.t. Is that the way you meant it? Mrs. Gordon: I think workmen's comp. was also an item there, wasn't it? Mr. Plummer: That's why I said that there are other items in there. There's one item, Mr. Mayor, that's included for $13,000 and the only way it is marked is "other" and nobody yet has been able to pinpoint what the $13,000 "other" is. Mayor Ferre: But I think your motion clarifies it. You said all those items that are related to and only related to matters of pension. Mr. Plummer: That's right, and that was the intent of my motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-854 A MOTION DECLARING THE INTENTION OF THE COMMISSION THAT ANY FUNDS HERETOFORE BUDGETED FROM THE SPECIAL MILLAGE PROVIDED IN THE CITY CHARTER FOR A CITY OF MIAMI EMPLOYEE PENSION FUND WHICH ARE NOT DIRECTLY RELATED TO PENSION FUNDING AND THE ADMINISTRATIVE COSTS THEREOF BE BUDGETED FROM THE GEN- ERAL FUND OF THE CITY; THE EXPRESSION OF THIS POLICY IN NO WAY IMPLYING ANY WRONG -DOING ON THE PART OF THE CITY. Upon being seconded by Commissioner Gordon, the motion ways passed and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner Mano o Reboso Commissioner (Rev,) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A, Ferre NOES; None. SEP 25197 fleV. Gibtont Mt. Mayor, 1 Waal to raise a gut stion. 1 'think :.hat this cbMtis., aloft Might to set a .policy right how, hot latter oh in the dayi right flow :tot later 'Oh ih the day, right now Or come ddhSe of direction to ask the st,:tt to diligently t#cartrh and Cottle lip with a policy that the tetirees of this city will hot tie treated ih this thahhert riot at other year.. t4ow 1 raised the devil about it the last time aiid hothihg Watt done: .iutt like you say, we're in a heap, we Waft to stet the heat off us so we just pass a resolution. Now either the staff is going to be de1iget about what were goifl to ask to be done or they aren't. You direct me as to the kihd of MOtiOn 1 heed to make and i'xn going to make it. Mayor Petrel well, if the policy of this coMMissioh is that in the future the tatters relating to retired employees be oh a clitulative basis... slow should we worn it Mr. Andrews: 1 think that is proper. I understand.... Mayor rert~'ret :,ell, you'll have tb get the exact wording of it and come back to us but that's... Rev. Gibson: Let Xte do it this way, Mr. Mayor. I. would like for us to instruct the administration to cothe tap with the necessary wording by now and noon, That's title certain. I discover that we do these things and then you know nothing happens. Mr. Gene Naples: Mr. Mayor and members of the commission, one of the considerat- ions in our compromising was the hope, and we certainly actively support the retirees, was that the compromise would enable the manager to find the money for the retirees and we certainly had that in mind when we took that position. Mrs. Gordon: I'm sure you did and I also want to state while we're waiting for any action to be taken, and I don't know any legal route this would be something you would hve to research, Mr. Lloyd, but it appears to me that we give it across the board kind of increase which is fine but there is a certain class of retiree who is in much more desperate need of some additional income. Those are the ones who are not physically able or are not employed at all and those people must sur- vive on what they receive. And you know you and I, all of us know we can't pay our bills even if we're working. So the retirees, if there is a legal way of handling a class of retiree you research that. I don't want you to come up with an answer this minute. Mr. Lloyd: I can come up with the answer now, unfortunately. The answer is it cannot be done that way unfortunately. Rev. Gibson: Mr. Lloyd, I want to endorse Mrs. Gordon's sentiment. Mr. Lloyd: I'd be glad to look into the matter but Mr. Wilcox has already spoken to me on that and I have looked into the matter. Rev. Gibson: I'd like the institut ion to come up with... Sydney ARonovitz shall always live in my memory. He said something like this: He said, "Where there is a will there is a way." Mr::. Gordon: I have a feeling in my heart that if this matter were approached to the retirees themselves that there are those who are not as desperately in need o:: additional funding might voluntarily decline in favor of those who are more desperately in need. I'm not saying that they would but there is a feeling in my heart that they might. And if it could be approached on a - I don't know, you're the legal beagle and you are our manager so you figure it out. These are the sentiments that I feel. Mr. d'icox: We have a lady here in the audience, retiree. She gets $70.1,5. Her pension is $106.00 and take out $36.00 insurance. She has a take home pay of $70.00 a month. She worked for the city 16 years and has a bad back and is not able to work. Mrs, Gordon; Is she working on anything at all, Tony? She can't. You see what I'm trying to bring out to you? I'm trying to tell you that there must be a way and whether it becomes a voluntary way or not I don't know but there must be a way to approach the problem in order to solve it, There has to be a way. Mr, Gene Naples; Mr, Mayor, if I might, we have, of course, discussed thin .for a long time and I know Reverend Gibson's feelings and I know Mrs. Gordon has expressed some sentiments very much as she just has that there might be some type of a formula worked out so that these people don't have to come back this way based on the cost of living, So they don't have to come back with their hat in their hand each time, 411 think it is deMeai i ig to th+ m ands of omutset the active employees have talked about this oh marry occasions and hopefully we could work out some type of a formula to that each year based oh the diet et living abate adjustment can be trade and we don't really anticipate that the t65t bf 1i it is going to go down ih the heat future so certainly we would think that we could work out something that would be it keeping with what everybody else is getting and so t would certainly encoutage this cnrtiTisaioh to have the Manager, whbeVer be the appropriate agency get together with these people and try to work something out on that basis so they don't have tb come back here each year as they have for the past several years with the problems that we've had with the spiraling inflation. Mr, Plummet: Mr, Mayor, I think the attorney is pretty well in the thinking and the thoughts of the cohtnissiot. t would like before we skip over... Paul, may I have one of those; that list I believe is the figure t'itt looking for, rave you got ah extra one of those? I just want to hake a determination. Have you got an extra cop y of the 17 items or 18 items that you game us the other .clay? At. Manager, as proposed do I understand that all of these 15 items incluing the ono now which is Itett 15 which in the future I'm sure for the purposes of staking everybody happy you'll make #1 Mr. Andrews: Now let's clarify that. Let's come to that point because I was put in an awkward position by Mr. Hall when this was brought out and he doesn't t-ecog= nice the City Commission's procedures on this. These first 14 items were items that were compiled in a list from the meeting before that so now we had an item that was added and we have some more items that follow that. So it was just a sequence. But the implication was that I'm not sensitive to the employees require- ments, that I always put them last. Mr. Plummer: Well, I think it is just a matter of a piece of paper and the way it is written so I think it could be put first just as easily but the implication for me is not there. Now what I'm trying to get at is this. Do 1 understand t.h:at_ every- thing on this piece of paper is now in the budget? Mr. Andrews: Yes, plus three more items which I would hve announced hut we'd better wait until we get the ordinance back and include this additional retirees cost of living matter settled and I will those three. Mr. Plummer: Mr. Mayor, I'm probably going to go down fighting but I'm sorry. I feel very strongly,'I have in each and every meeting and I'm going to push for it today. It bothers me to no end and it's not really a conflict of interest after today's article in the paper. Mr. Mayor, the Chief came before this commission and said to this commission even though we had to extract it from him that what he feels he needs to do the job for this coming year is two sergeants and 16 men. I'm going to tell you I don't think this commission can deny it. I said the other day I'm going to say again; I was happy to see that the Manager tried to do something and that something has been cut down to 8 officers at midyear. This commission is placed under restraints of all kinds. I don't think there is anyone on this commis- sion who has pushed any harder for the Sodium Vapor Lighting than I have. There is $1,200,000 allocated for that Sodium Vapor Lighting. I made the comment the other day, what good is it to highlight a thief if there isn't a policeman there to catch him. Now that can be misconstrued anyway you want. Mr. Mayor, I'm going to offer a motion because if I take, and Paul, you correct me if I'm wrong... Ply motion was simply going to be this: That we move $170,000 from the Sodium Vapor. Account to the police account to give the chief the requested personnel. Now you say it can't be done? why Mr. Andrews: The only area that you can make adjustment, and I've made a partial adjustment in our final accounting of this 2% increase modified to two more months by using $35,000 from the $125,000 of Street Lighting Expansion. The only area that the commission at this point has any control over in programming - there are two areas you can control - one is $120,000 of additional lighting that we had programmed in this budget of which I've taken $35,000 from which leaves $85,000 for expansion. The rest is already committed in lighting and light; are on or will be on by the end of this Fiscal Year. And it would mean that. you'd actually (i'm not going to say what you'd have to do ) but you can't back into that area. Those are areas where we have already committed that those lights would be turned on. Mr. Plummer; I'm going to tell you, Mr, Mayor, I'm going away here from this meeting feeling very bad because I'm going to tell you this man, he tole you he told thin commission, And I think if we don't give him the personnel that ho requr.'st.od I think that rightfully so later on fingers could be pointed at this commission, Papa-, what is your answer? Mr. Andrew's: I don't: have an ahawef l You kr e w we're stretching the rubber bands s 5 fat that 1 just oahhOt ootT Ctit to you in a safe afid sake fttahher that you Cah provide anymore funds. 1im going to be struggling with trying to fitd those additional funds for the retirees. Mr, plt tther: Paul. you kilo 1 hate to Arid Charlie duties please forgive free, t'm torry, tut Paul, if you put to the people of this community what do they want, more policett►eh or bulk trash pick up there is no tiuestibh ih my mihd what they watt, There is iie question it my mind. NOW Charlie. 1 ottly pick oh that because that happens to be the figure that 1', looking for. Mt1 Charles doties t tell, fill tell you, Contttiissioner Plummet, We've already committed ourselves to the public Oh this bulk trash pickup and they're going to be disappointed also if we elimihate it. Mr. Pitt:Wert Charlie, excuse fne for picking on you. Ok? But there is ho quest., ion if you go out arid aslt the people of this cotnrnunity which do they want what the answer would be. Paul, do I understand correctly that you have allocated $50,0001 $2200O0 is what is needed? Mr. Andrews: That is right. Mr. Plummer: And if the needs of the Chief were to be met it would be an additional $170, 0007 Mr. Andrews: That's right. Mr. Plummer: Mr. Mayor, I'm sorry, I've got to make a motion. My motion will be is to transfer the $160,000 from the bulk transfer pickup to the Police Department's Budget to meet the criterias and the direct request of the chief. I've got to make such a motion. Mrs. Gordon: Is the Chief here? Mayor Ferre: The Chief is not here. Mrs. Gordon: I would like this matter deferred until the. Chief is prer-:ent. Mr. Plummer: I'll be glad to wait. Mr. Andrews: Let's do this at the end of the day when we bring up all the other matters. Mayor Ferre: Why don't you get the Chief here and we'll have this whole thing out at the end of the day when we come up with the Appropriations Ordinance and the Millage Ordinance. Mr. Plummer: Excuse me, Mr. Mayor, so there is no misunderstanding; if the Manager can find it from any other source I'll accept any other source that he wants. Mayer Ferre: Well, you haven't got a second yet. Mr. Plummer: Well, I'm saying by the end of the day if hn can find it from any other source I'll be glad to listen to it. Mrs. Gordon: Source or means. If the goal could be achieved throu't!r r,(irne other means. Mr. Plummer: Rose, if it can be adjusted by some other moans by not touching these fluid- I think that is fantastic but I don't belive in miracles. Mrs, Gordon: Well, there are ways and this is not the time or the place but there are ways of achieving economy that possibly could achieve the goals that you're talking about. So we'll defer the matter for now. Mayor Ferre; Alright, we have a deferred matter. Is they:, anything else you want to go on budget before we,. Mr, Andrews; Yes, I just wanted to, we were going to introduce every member of the Budget staff to the commission because they've labored many many long hours and I would like Mr. Johnson at least to recognize all these people who have worked so hard including the secretarial help and he might start with them because they stayed many hours. I now when I had to stay late with the Budget. Staff they wore there typing up everything that we needed so it would be available for the commis;ii.on. $ P 25197 Mayor "care! Mr. Johnson. Mr. John Johnson: t'd like to introduce first the two secretaries of our stai'f who have labored hard and long = Ms. Maureen Moyer and Ms. Caro .yh b l is s both girls have done a tremendous job for us. We also have oh our staff two Manpower people who ate budget Analyst Interns who have done a trethendotss job, Mr. S1.adsee and Mr. WOO. Two Management Analysts Oh our staff who de all of the depart- tefttal work for us, Mr. Lindeman who is orte of our 'Mahagetttent Analysts and Mr. Iiirtsfof'd, another Management Analyst. east but trot least, Mr. Willard Beck, who is the budget bireetor arid prepares Most of the detail fet the budget. Mayor 'erret Certainly our thanks to you and Mir eongtatulations for your deligence and dedication and hard work and 1 think the proof of the pie is always in the eating and 1 think your work product speaks for itself. So on behalf of the City of Miami we thank all of you for your hard work. Mr. Andrews: Mt. Mayor, that for the motttent 'would conclude our budgetary aspects of your meeting until later today. Mayor Verret We are now adjourned for the matter of the budget. Is that correct? And we now constitute ourselves as the Regular City Commission Meeting for September 25. We are now constituted as the regular City Commission Meeting of September 25 and we will now take up Item #3. NOTE: At this time consideration of the budget was temporarily deferred and the regular meeting scheduled for this date commenced. MRS* ELIZABETH VIRRICK - PRESENTATION OF CHECK PERSONAL APPEARANCE REPRESENTING MQNIES NOT USED WITH THANKS TO COCONUT DROVE CARES Mr. bluriner- Mr. Me >or, before vele in. thie wi.1.1 jti t take nne hri.Pf mi nntp. After all the money going out it is a pleasure to do 180 and bring some in. I would like to just for the record introduce Mrs. Elizabeth Virrick and Rick Leonardi who headed up the city's participation in the North American Boxing Games and they have an announcement to make to you this morning. Mr. Rick Leonardi: Mr. Mayor and honorable commissioners, in July of this past summer your body appropriated $15,000 for us to sponsor the North American Olympic Games in the Miami Marine Stadium. This tournament was held live and was televised on the Wide World of Sports nationally. With your help and with the help of the City of Miami Parks and Recreation Division this tournament went off without a flaw and without a hitch. It had been heralded as perhaps one of the most successful tournaments that has been held within this country. Mrs. Virrick has a presentation to make to you but before doing so, as we were all sitting throughout the tournament we realized that anyone of us could be replaced with the exception of our own boxing director, Dick Lee who really has been a spear head behind our program and brought to City of Miami's boxing program to become the finest in the nation. Mrs. Elizabeth Virrick: Commissioners, I think I heard Commissioner Plummer say he doesn't believe in miracles. Well here is a small miracle. Instead of coming up here to beg for money we're carrying back to you $10,236.23. You all advanced us money, front money to put on this Olympic tryout that we had The North American Continental Games - and we have this much left and we're turning it back to you and that may help you a little bit in making up this deficit you're talking about of a hundred and some thousand. Mrs. Gordon: That's a nice way to start the morning. Thank you, Elizabeth. Mr. F: 3mmer; Mr. Mayor, I would like to see that the appropriate resolution be drafted thanking Coconut Grove Cares for their participation because only through their hard work was this money able to be saved for the city and I think they should be noted that it is their accomplishment together with the City Parks and Recreation - the administration just bent over backwards to be cooperative and Mr. Mayor, I think that the appropriate resolution should be drawn commending Coconut Grove Cares and I'll offer that in the form of a motion. The preceding motion, introduced by Mr, Plummer, was passed and adopted unanimously, seconded by Reverend Gibson Mrs. Virrick; Thank you, but don't be Surprised when we come up asking for money next time, Rev, Gibson; Mrs, Vrrick, you are in your usual stride, EP25197 MeMBER NG 13 3. PERSONAL APPOf ZONIA EARANCE DISCUSSION MATT -ER Mr JaCk Alfonso: My name it Jack Alfbhso and 1 reticle at 472o S.W. 30 Street, MiaMit Mayor Maurice PerteMayor Js L# Plummer, COMMissioher RoSe dordonf Manolo keboto and Father Oibtont t requetted to appear here today because I accept from each and everyone of you the responsibility to perform to the best Of My ability the job at a Member or the 2bhihq Beard of the City of MiaMi. For the firtime ih altibtt g years in serving you I can't see clearly. By everyday there is less titikeh participation ih toittunity affaits. Today I know why a small percentage of the cities have registered to vote and even a smaller percentage go to the pollt. In bur last meeting of SepteMbet 22hd t saw how a member of our community, Mrs. Barbara Gaston took time of her busy life to appear in a public hearing to express het opinion on a matter that she is directly affected ih which illegal alterations or the house hext door took place. To solve those illegal alterations a citation was issued by the City of Miami Building Department and legal action from the court was pending from the direction of the Zoning Board. Then at the moment of the public hearing in my personal opinion Mrs. Gladstone was ihtitidated and her right to express het opinion was dehied by the Chairman of the Board, Mr.Nathahiel Dean. Furthermore, my right as a member of the Zoning Board has been obstructed and denied wheh / wasn't allowed to direct a question to Mrs. Gladstone and interferred to perform my job assigned to me by you by the sane person, the Chairman of the Board, Mr. Dean. I tequested this appearance to inform and to protest publically of the violation of those rights, one of the most precious rights of this nation of ours - the Freedom of Speech. I hope that such a like this doesn't happen again and I hope that you will take into consideration my work as you can verify from the minutes of that meeting and I am willing to accept your wishes as a result of my actions today. Thank you very much for your time. REPRESENTATIVES OF SOUTHERN DELL TELEPHONE CO. 4. PERSONAL APPEARANCE TO DISCUSS "911" DIALING SYSTEM Mayor Ferre: Alright, the gentlemen from Southern Bell. UNIDENTIFIED SPEAKER: Mr. Mayor and commissioners, just like Mr. Plummer the other day was taking his hat off of his retirement committee chairmanship and is putting it back on as the representative of the commission I am going to do so today. I'm going to take my bell -shaped head off and come to you as a repres- entative of Dade County's Utilities one number dialing system that is going to go into affect the first part of this year. Basically we're asking for the City of Miami's participation because you are also in fact a utility just as you are a Police Department and Sanitation Department you are a utility. We've talked with Mr. Grimm of your Public Works Department. He has been in on this since its inception, however, he has reached a point where he said it was a budgetary item and he would require the approval of the City Commission. The concept is simply this: One number dialing for all the people in Dade County digging in uhe ground to prevent utility interruption. Your cost is approximately, to join, $800 the first year and will decrease as each utility joins.... I said your cost would be approximately 800 dollars the first year or $200 a quarter. It is paid quarterly. Mayor Ferre; What would cost $800? UNIDENTIFIED SPEAKER: Participation on the committee, the one number dialing committee. The costs are based on the miles of underground utilities that you have. You have approximately 100 miles. Southern Bells' is approximately 7000 miles.... Mr. Plummer: Wait a minute, let me cut through this. Mr. Manager, are you aware of this? (INAUDIBLE) Why don't you do this, why don't you sit with Mr. Andrews. You're talking about $800 a Year? I don't think it is that much and if Mr, Andrews came before this commission recommending it I don't think that there would be that much of a problem. So why don't you sit with Mx, Andrews and let him discusit out and if he thinks that it is worthwhile to the citizens of this community I don't think he really would even have any problem. That is what I would recommend. M. Andrews, do you concur? M. Andrews; I would concur with that but there isn't time to do that, to cope with that process between now and the end of the day when you want.,,, 9 SEP 251975 Mel Plummer: Paul, don't think $800 is that big 6€ deal. t uhdefstand at you're saying, NA'. Mayor. Mr. Andtewsi it's not the WO it is the add co and the principle here of continually adding 611 these items and they get accumulative. Mr. Plummet! Well bit Pm not going t6 argue the point but I think the best way to handle this is through the Manager is that 1 blink should bt done, tilltbSMTtPttb MUM: This is what our ihtetitiofi was and We were referred to... HOST RECEPTION FOR VISITING DELEGATION PROM SISTER CITY n : TA Mayor Jerre: . L. , mogul, t +oath you to 1.iat-eh now fora nompnt. You and Mayor Plummer went down to columbia. I've been down tb bolutnbia. You've been down three times. Mr. Plummer: Correct. Mayor Perrel Now those people give us a red carpet treatment that is embarrassing, It embarrasses me, V'msure it embarrasses you - with limousines and this and that and gold keys and Plunger has a collection of medals that if things go bad he can melt them and sell thetfl and he'll be doing all right. But here is the point. You've got a delegation of these people coming up to Miami. When is it they're coming up? Mr. Plummer: They're coming up Sunday, Mr. Mayor. Mayor Ferrel Sunday. Now I've been asked to give them a cocktail party but frankly you know I don't see any reason, I mean I'd be happy to entertain a few of them in my home but I don't see any reason why I or anybody else around here should officially do - and yet I feel embarrassed not to do what they've done for us. Now how do we solve this problem? We've got some rum donated freely from Bacardi but that isn't enough. You know, and I'm perfectly willing to take out of my own pocket and give to this thing but on the other hand Ithink it is embarrassing for us to be the recipients all the time in Columbia and for these people to come here and for us not to do a darn thing for them. Mr. Plummer: Mr. Mayor, I would suggest that the Manager have the latitude of looking into the publicity fund and see what can be done there. Mr. Andrews: I think you ought to express intent in the form of a motion and then we'll see what can be accomplished. Mrs. Gordon: Let's hear what is being moved around here. Mayor Ferre: Well, if you'll listen, what he's saying is... Mrs. Gordon: Well, we're just feeling sorry for people who don't have anything to eat that live here. Now tell me what your motion is. Mayor Ferre: The motion was already expressed, let the Clerk read it. Mr. Plummer; I'll offer the motion, sure. Mr. Mayor, I've spent thousands of dollars out of my pocket for the city's goodwill. Oh, I was waiting for the Clerk to read it. The motion is that he city would host a cocktail party for its Sister City counterpart which will arrive in Miami this coming Sunday. Mrs. Cordon: How much money are we talking about? Mr, Plummer: Rose, it's for 73 people. Mrs. Gordon: How much money would that be? Mr, Plummer: Being a non-drinker I don't know. Five hundred dollars? Mrs, Gordon: No, I'd just as soon that we five commissioners dig in our pockets if we want to do some hosting, I can't see it otherwise, J, L „ I'm sorry, I know how devoted you are to the program and I'm devoted to goodwill between count- ries but I haven't heard a lot of serious critical problems resolved for our own budget today that we,,. You know we'd better do first things _first. I'm willing to do my share for whatever that thing is to make this city look good and I think you four men would do the same and it will probably hurt me more than you because 0 SEP 2 5 1975 of my pommel positions but that's the may 1 feel about it. Mmet you all do What you Wilt. Mayor Pare: Let ma tell you how t feel about its I agree with you . YoU know and anytime we eaft uee the argument of the feet that there are people that art going to bed that might be hungry and me should out out 18 members of the Police Department becauee ot that and fl6Va that money into hot meals and 1 can get into all kind§ of diteuesions •about needs hares The fact is that if we assume a respons- ibility of Sitter City relationship with Bogota hbw either we live up to that at 1 want to make the nation right here that we get out of the relationship and not have any Sister City relationships.... Mrs. Gordon: I don't agree with you on that point of view. Mayor Parra: Let me finish. Now, Plummer has been down there several tithes and 1 don't know whether anybody else has. I have, t've been down there once officially, t paid for my own trip I want to say. Aid you went down there On an official trip and those people went out of their way to be cordial to all of us. Mr. Andrews: And I paid my own way. Mayor Ferret That's fine and I'm not questioning any of that, Paul, The point I'm trying to Make is that these people go out of their way down there and have receptions and to make US feel welcome in Columbia. Now if we're going to get 73 people here and not do this - not the same. You know if we were to do for them what they did for us we would have to allocate $10,000. There is no way we can come anywhere near. But for us to do nothing for these people... Mrs. Gordon: We should do something, Maurice, but we shouldn't call upon our budget to do it. I think there are people in the community and I will be glad to. Mayor Ferre: Are you going to ask Father Gibson and Reboso and everybody else here? Mrs. Gordon: No, I'm just saying that there are people who are in this community who are interested who would contribute some of their finances or their home or their merchandise or whatever. I think we... It's just a principal with me. I'm sorry. I'm not arguing against the program, I love the program. I think it is a great thing to stimulate trade between countries, friendship between countries. I'm the advocate of the International Folk Festival so I'm certainly not the one... arguing against the expenditure of moneys that we don't have. Mayor Ferre: I would rather take it from the Folk Festival budget and I'll tell you why. mrs. Gordon: And I think the Folk Festival should be the time when all of this kind of entertainment is done. I think that is the appropriate time of the year. Mayor Ferre: How can you tell 73 people.... /r.,. Gordon: Tell them we have a festival and whatever time we have it to come d.,an here then. Mayor Ferre: Send them a telegram tell them to cancel the trip and come here in the festival. Now come on. Now the point of the matter is simply this that last year we had here in this City of Miami 76,000 visitors from Columbia. They spent an average of $400. Now I don't care how you slice it. Now it seems to me it is uur #1 tourist source in the whole of the hemisphere. Now for us to have a sister relationship with Bogota and not do absolutely anything and have these people, 76,00U of them come here to visit this country every year - our #1 tourist source in Latin America, more than Brazil, more than Venezuela, more than all of Central America put together; for us not to do anything? Mrs, Gordon: Well then Maurice, let's set a policy that when other countries or other people come are we going to do the same or aren't we. Mayor Ferre; Other countries? This is our Sister City, There is a relationship, it's not other countries. It also happens to be our #1 tourist source, Mrs, Gordon; Alright then, can we at least Set a policy with relationship to other requests that will be coming for other kinds of,.. SEP 25197k Mayor Ferret t moul It be ift favor of anybody thellest it it a tister,., t wouldn't do this ter the Dominicp1Ii 1 wouldn't do it tor Vene2Uela. wouldn't do it for any country in Europe. This is our Sister City. Mrs. Gordon: Uow many dollars are you talking about now/ Stftebody had better COM up with dollars. Mayor Ferret Listen, 1 have nothing tti do with this t happened to heat about it. Prank Cobb told MO about it and I met flabberhastedt t said. how in the world can we have these people 00me to this community and for us to be tompletely empty handed, It just wasn't believable to me. I would personally be embarrassed. Now let me toll you what I'm willing to do. t'm willing to give them a reception at the Columbus Hotel which told Prank that we're willing to de,. but you know Ill not going to assume the full responsibility. Mrs. Gordon: How many receptions are we talking about, Maurice, at the Columbus Rotel. Ck. Meyer Ferret I wanted to donate the space... Pev. Gibson: Mr. Mayor, / know I hear both and maybe I have to be the peace maker. You know it iw embarrassing. I 'would hope the paper wouldn't write all of this. This would be embarrassing. We've got to grow up. We just can't afford to have those people come here and know that this is what we said about them. Now you know you aren't going to spend that much motley and as much as I am (and i'm in the group with the hungry, You know what / mean?) But man, you'Ve got to have some pride. Rose, I understand you but met, we just cannot afford to loose our pride. Mrs. Gordon: No, Father, I'm not fightitg. I'm just saying the funds should be derived from the community itself that's for the benefit, like the Chamber... Have they been advised about this and are they willing to participate? Rev. Gibson: Rose, how are you going to go around and say, "Man, give me some of this, give me some of that?" It's demeaning! Well I know one thing, I'm not going to beg nobody. I think that the City of Miami has got to make up its mind that we want to go first rate and there are certain things that we are going to have to do. And there are certain things that are demanding that maybe we can't do all of it and I would think that if those people were that kind to us and certainly if you spent, if you had 70,000 visitors here - and let me say Rose, I'm going to ment- ion this later - Atlanta does some things that a lot of us had better start looking at. Otherwise we ain't going.to be in the ball game. This is part of the game and I just think that we ought to go and do it. Mrs. Gordon: Mr. Mayor, I made my point and I'm not going to argue it. I'm going to go along on this because you're already committed to it in the sense the people are arriving but I' saying that we need to take careful scrutiny at our policies where we're setting precedents. Alright, this is our only Sister City so this is an exception to any other rule. Rev. Gibson: Beautiful. Mr. Reboso: Mr. Mayor, I think this is an exception as Commissioner Gordon just raid and I move that we get up to a thousand dollars from the Publicity Department to host this group from Columbia, Mayor Ferre: Let me in speaking for it say that thousand dollars will come back to the City of Miami through trade and last year as I said and I'm going to say it into the record, there were 76,000 visitors from the Republic of Columbia and these people came here because they feel welcome here and we have gone at great great pains in going down there. Everytime, and I say this advisedly to the mem- bers a the press here, that a delegation goes from Miami it is front page coverage in El Tiempo and the Columbian newspapers. Mr, Plummer: For five days. Mayor Ferre; We get all kinds of plagues and they name buildings after the City of Miami, They send the Fire Department out, We have a very cordial relationship with these people, Believe me that builds up in good will which means when these people have extra money to travel where they want to come and spend their money and visit is the City of Miami and then they're buying aportment houses and they're buying in our stores and we're getting the benefits for all of that and we get that thousand dollars back many many fold. Mrs, Gordon; Alright, you've set a limit and that's what I was asking for, 12 SEP 2 5 1975 The foli.awing fit tie4 was Vitt by Commissioner Aebaso, loved its adoption: MOTION MC. 7S.41SS A MOTION OP IRTHNT TO =MATH AN AMOUNT HOT TO =EEO $l, 06d PROM TH2 PUDLICt'TY PUND IC1 TH2 PUAPOtt Op HOSTINC A DHLLOATION PAW BOOOTA. Ct l it to WHICH 12 2XPECTEb TO Vtatfi TRH CIS` OP MIAMI IN TH2 MpAA PUTUA2. Upon being seconded by Commissioner Plummer, the MOtiOn was passed and adoptad by the following Vote- A`1f s: Commissioner ROse Gordon Commissioner Manolo iteboso COMMiasioner (Rev.) Theodore Gibson Vice Mayor fir. L. glummer, err. Mayor Maurice A. Berra NOES None. ENVIRONMENTALF INTEREST RMES RVA REVIEW BOARD - DISCUSSION OF CONFLICT PRESERVATION REFERRED TO THE CITY ATTORNEY Mr. Beboso: dust a couple of minutes, Mr. Mayor. Mr. Michael Simonoff, please. Mr. Mayor, he ie the Chairman of the City of Miami Environmental Review Board and he wrote about a couple of weeks ago to the City Attorney, Mr. John Lloyd asking for a legal opinion concerning possible conflict of interest regarding members of the board applying for or doing citywork. The answer of the City Attorney said that it was very clear and broad concerning conflicts of interest in relation to yourself or anyother member of the Environmental review Board. I wonder, Mr. Mayor, if there is anything that we can do regarding this matter because we have exception- ally qualified citizens serving on these boards. They are not getting any moneys at all and at the same time they are penalized in the way that they can apply for any city job. Mrs. Gordon: Manolo, you have reached a very sensitive topic which I think really needs clarification because some very fine people have refused and have resigned from boards throughout this county and that's not a city ruling that the attorney is referring to but one that the county sat up as a protective measure to prevent any kinds of possible conflicts of interest. However, there has to be some con- sideration to what is the logical line of demarcation. The Environmental Preservat- ion Board serves a very useful and wonderful purpose for the City of Miami and people of the caliber of Mr. Michael Simonoff have devoted countless hours of time in not only serving on the board but in helping to set it up for the purposes that it is set up for. I don't know, maybe Mr. Lloyd can answer this question. How, or what do you recommend? Is it proper for this commission to take a position asking the county to review and delineate certains kinds of board positions or not? Or take no action, or what? What is the proper thing. Mayor Ferrer Mike, let me tell you something about this and it is a real real tough question. The legislature and Metropolitan Dade County have passed a series cf laws of conflicts which really in a way deprive the community of the service of a tremendous amount of very capable people. The first victim of it, and I remember because I pleaded with them, was Dave Blumberg. Dave Blumberg happens to be in my opinion one of the outstanding citizens of Miami. He was president of the Chamber of Commerce and he was serving on one county board and he had to resign and like him there have been hundreds. Now, I hate to see Dave Blumberg not involved and People of that caliber, yourself. I didn't have to vote in the legislature or metropolitan Dade County. If I had to I would have voted for it because I think we're heading' for an age where we have to have very very clear demarcations or as clear as possible on these things. However, I think that that law as it stands right now is part_ally deficient and I think that perhaps we ought to, the City of Miami as it has done on other things ought to take on and assume the responsibility of really researching this thing and seeing if there is a way, Now the other day I had a problem in the Downtown Development Authority where I've been trying to get very outstanding Members of the community to join. I have been working on that problem for a year and a half, And you know what I finally had to do? The DDA had to request Metropolitan Dade County to make some waivers and it took 6 months to get that, Finally we got a waiver last week for the Dowotown Development Authority, Now, what Rose is saying and I agree with her is what is applicable to the Downtown Development Authority certainly should be applicable to this group, If you're serving without pay on an honorary basis and it really does not have an economic impact r this certainly has less than the Downtown Development authority. I think we ought to get some kind of a waiver from Metropolitan Dade *minty the same way we did with the Downtown 1 evelopmeft Authority so that you OM practice arehitemrttire and riot have a conflict of inter* eat. We had the 'Same problem with taster Paricoast if you rein€mber. Mr. Lloyd: We had a problem with Mrs. Grafton, to be absolutely ridiculous about the thing. t had to abide by the County Attorney's ruling on the same matter. Mrs. Gordan: You can't stretch the law, when the law Le there you have tb abide by it but the point is whether the law is or whether the law is not and that is the point that we ask you to research. Mayor Perre: I think the motion, Rose, should be (1) that the City Attorney be instructed to research this and report back tc tie and (2) if the law is what l know it is going to be and I know what he is going to tell you that we should then go to the County Com iseion and ask for a waiver in the particular case of this board: if the law ie what I know it is going to be because I've been through it for a year and a half. Mr. Plummer: Mr. Mayor, let me interject something because I think rather than speaking just to individual case of Mike. The Florida League of Cities is con- ducting a poll and a survey. We have every reason to believe that under the new conflict of interest and financial disclosure that a tremendous amount of people, good people are resigning from boards all across the State of Florida and are not reoffering the Selves for public service. Many people involved in public corporat- ions who cannot disclose their own personal there is no problem but their business background is a confidential nature. And I think, Mr. Mayor, that you are going to see, and I will tell you the indication is that the legislature are looking very seriously at this poll which is presently being conducted. So I think that is something that you should be made aware of that that is being taken place. Mayor Perre: ...- I recommend that the motion be like this: The motion say (1) that the City Attorney be'instructed to research all of the applicable law and report back to the City Commission as to whether or not an honorary non-paying board such as the Environmental Preservation Board, whether there is a conflict an inherent conflict or whether there is a solution to it. And if the law is strict and stringent that we therefore request through due process, as I under- stand that's to go before the Metro Commission, a waiver in this particular board. Mrs. Gordon: Well, we know the Attorney's opinion is that it is, that itfalls within the purview of the law so any further research on that I don't think it is the point. I think the point, Mr. Mayor, might be for this commission to request of the county Commission and their legal advisors a new look at the law as it pertains to individual kinds of public service of different kinds of boards such as the Environmental Preservation Board or any other types of boards which are in existence in the city and perhaps there are some in the county. I don't know. Mr. Plummer: Mr. Mayor, let me just add to that because I was just talking with Mr. Lloyd. Rose, I think if the state law were to be applied it would have the affect and the same ruling as it presently exists even though the county might :,o beyond the state law. So I don't think that you can address just Dade County. Mrs. Gordon: Well, tell me how the Downtown Development Authority get some special whatever it was they got - exception to that. Mayor Ferre: Well they didn't, that's the point. Mrs, Gordon: I don't know what really took place there so I just heard this in a round about way. Will somebody explain it to me? Mayor Ferre; What they did is there is no way to get around the state law. That must be complied with and therefore, a person that is involved in serving in the Downtown Development Authority must comply with all of the disclosure and all of the conflicts of interest. There is no way to get around that. So that has to be done which is his problem. Now what was done was the problem within Dade County where a member is to Serve and that creates a Conflict of interest with a bank because of the depository relationship, And that was the matter that was cleared up before the Metropolitan Dade County Commission last week. Is that right, Mr. Lloyd? lir, Lloyd; That's what 1 believe, You're right, yes, sir, SEP 2 197 Mrs. Jordon: to other words the point that was taken into °consideration was whether the bank being used by the city presented a conflict far a person who is .a member of the bank serving an the Downtown Development board, is that it/ Mayer Ferret Yes, but all the disclosures and all the things - he's gat to live with all of that, lra.'Cordon: What about the same thing here? I don't understand the differential. Mr. Mummer: he difference is that I think Mike or someone of the opinion is doing business with the city, That's the difference Mr. Sitntnnofft What has happened is that there are Sobs that are coming up now, por instance, Dave Scully; the nice Chairman a very fine landscape architect is a member of a team of architects and engineers that applied for a very large job and they're very talented capable group. It would be a shame either to disqualify hith from the board because he is a good strong force en that board or to disqualify him from making his living. Mr.. Plummer: But Mike, the concept cannot be overlooked, and I tell you even though it never comes into play with me = my customers never create a conflict from my sitting here and I understand that. But what tin trying to say is this: That at no time would l think a person would be doing the right thing to be sitting in authority over the right or life or death to a project which he would be participat- ing in. There is just no way. Mr. Simonoff: He wouldn't be ruling on his own project... Mr, Plummer: Then there is no conflict if he's not ruling on his own project or projects that he would benefit from financially. Mr. Simonoff: But the way that the interpretation of the attorney as I read it meant that he couldn't apply for or do any work with the city at all just because he's on that board. Anything that would come before the board that any of us were involved with you know obviously we would abstain. Mrs. Gordon: That's the law, J. L. It's not that specific project - it's all projects. Mx. Simonoff: It just means he can't apply for any city work or it's in conflict as I understood it. Mrs. Gordon: That's right. Mr. Plummer: What you're telling me, Mr. Lloyd, is that he could not work on any city work at all? Mr. Lloyd: That's what the Dade County Ordinance basically says. Mrs, Gordon: Does the state law also say that? t.r. Plummer: What you're saying to me then, and excuse me for putting it this way but I have to put it in my terms; if I sat as a Metro Commissioner are you saying to me that I then could not participate in the indigent burial program? Would it be construed that way? Mr. Lloyd: I think it might well be. Mrs. Gordon: I would say yes. Mr. Lloyd; I would think it might well be, Mrs, Gordon: You couldn't bury anybody in the indiqent program. Mr, Lloyd; That Dade County Ordinance is more astringent than the state law and has quite different provisions, I don't have them both in front of me at the time but I will... I will tell you what I would like to do is this; I would like to research both very thoroughly. The Dade County Ordinance I'm very familiar with but I would like to research both in connection with their' , the state law and the Dade County ordinance intra-relationship with each ooti�er. And when I've finished that what I would like to do is what I have done before is get another conference with the County Attorney and see if we can arrive at between us some interpretation which would ameliorate the situation. And if we cannot then we gQ on what you have suggested - make a resolution asking the appropriate bodies to amend the ordinances or Jaws to affect this result, 15 SEP 25197 Mita. Gordon; 1 weuid shove ytsur first portion of your ftVetraation at this tiMe. Mr. kabinet Second. The preceding motion, referring the hatter to the City Attorney was introduced by Mra. Cordons aeoorided by Mgr. tebota and pasted and adopted by a unanimouti vote. Mr, Perencik t Mr. Mayor, there is a ptaotical problem related tfi thi a. Now 1 don't pknow howythey�,umbers�y�� of �thejb board are going to y�react.it �t don''tyq 3think g that �i you ea.t... One of them hat already res led and there iwl� anoter r resignation ill hand from atilt a second member of the board and tome of theta people during this interim period of deoiaiot may not ehoose to risk prosecution under this law by continuing to serve on that board. you passed att ordinance and you have adopted tnvironr►entally sensitive diatriets and you have people waiting for hearings before they can build and we have a beard meeting scheduled on the 1 th 1 believe it it of October. 1 believe it is the i.bth of October and believe the Mr. gimohoff can verify its a lot of people who want to build are not overly over joyed by finding out that they have to wait another month of two to get a decision from an environ- mental board no matter how reasonable this decision may be. They have to wait. So you're going to have to do something about appointing site members that can serve without question in the meantime so we'll have a quorum for theae board meetings. Mr. Lloyd: One more thing. 1 want to remind the commission that we have a Charter and Code provision, of course, that also contains a conflict of interest also. Mayor Perm: That's not the problem. The problem is the Metro ordinance and the state law. Mr. Lloyd: I know that's the problem but what r would like to say is if I might add this; that how many members of the board are directly affected at this time. Are there just some who may be planning in the future to apply? Mr. Simonoff: There is one that is directly affected. One at this particular moment is directly affected and I may be affected very shortly. Mr. Lloyd: But you are not now at this time? Mr. Simonoff: Not now and I believe we will have a quorum for our regular meeting but since one member did resign I think that there should be another member appoint- ed right away at least as the alternate. Mr. Acton: Mr. Mayor, I'd like to bring up another problem in connection with both the Environmental Review Board and the Urban Development Review Board. Both of these boards have mandatory provisions that landscape architects shall serve on them. Now there are approximately 7 landscape architects in the South Florida area that could serve and are willing to serve. Mayor Ferre: Yes, but that precludes them them from doing any work for the City of Miami. Mr. Acton: That's exactly. Well see, the problem very simply is that as you know we have an ongoing park development program and we expect that many of these land- scape firms will be awarded projects. So that means that you've got two board in- volving four landscape architect positions that will not be able to be filled under to conditions of the law. This does involve a problem when you're trying to get a quorum to review these projects. Mayor Ferre: I'm nota lawyer but I'll tell you as I understand these things it is a question of hierarcy here and city law does not have a subservient to state law and to a Metro law. So if they pass a law which affects us that takes prece- dence. What I'm saying is that that law precludes ours and it is just that simple. Now we've got to get a clarification of it and I don't know whether there is any way to get a clarification other than what Plummer is saying and that is address ourselves to the general term of the law as it affects the whole State of Florida and that's an act of the legislature. In the meantime all we can do it live by the law and appoint somebody else. Mrs. Gordon: Didn't we have a motion? Did we vote on it? Mayor Ferre: Yes, we voted on it. Mrs, Gordon: Well, in that case that motion, as I understand it, .Mr,,Mayor, directs 16 SEP 251 the attorney to do a comparative analysis and tome back With a recommendationh both of lite laws as it affects us 71 MOTION TO WAIVE READING OF MINUTES PROM PREVIOUS MEETING A motion to wave the !tont,: the 104%utos mArt 14-mmuet.0 1,4! M A 5 ummer and seconded by Aay. Gibson and WA passed unanimously. REQUEST FOR CHANGE OF ZONING CLASSIPICATION- LOTS 19,200 BLOCK 3 GLEN HAVEN - 2822 N, W. 22 AVENUE (DENIED BY MOTION) Mayor Ferret Take up Item #3. There were 12 ob3ections. The coning Beard voted 4 to 3 recoftesending a change of Zoning, The applicant, Mr. Nunez. The Planning Department recommended denial, Mr, Jose Mallot Mr. Mayor, my name is Jose Mall°. I'm the attorney for Mr. Nunez, the applicant. We've been here several times before so X will not discuss the whole application or the reason therefore as we have been here four times including this particular time. The application I believe is summarized is to rezone an 11,-1 property to a C-4. The lots that we are asking to be rezoned are 19 and 20. tot 18 which is part of the property that my client owns is already toned C..4. At this point in time the property is not being used for anything. It is blight. There is a house there that has been gutted. It is not being utilized for anything. The property really not; what we're asking to be rezoned is not proper I feel or appro- priate for residential development due to the fact of the traffic that you find in that avenue, 22nd Avenue and also the traffic you find on 28th Street. There is contiguous zoning to that which is compatable to what we asking for even though we do not plan to make a C-4 use of the property.... We're going to make a C-1 use which is convenience stores which my client feels is needed in the area. There have been no objectors to come forth before this commission as there were no object- ors to come forth before the Zoning Board. The Zoning Board recommended approval and we suggest and pray that this commission approve this application. The only objectors who have sent letters are objectors either as I told you before who thought we were asking in an increased apartment zoning or objectors that now own businesses in the area. Therefore, what they are afraid of is additional competit- ion. So I feel that at this point in time the property is not reasonably usable as an R-3. It is not attractive in the area to put anymore apartments. There is an excess of apartments in the area and to build an R-3 type development there would be just simply a waste of time and money and therefore we ask the commission to con- sider this application favorably as we feel it is a reasonable application and in no way would be a blight to the area nor would it emasculate the general area. Mayor Ferre: ARe there any objectors present that wish to be heard? ARe there any objectors at all? Would you raise your hands? Are there anybody here who objects? Nobody. No objectors present. Are you an objector? Come up to the microphone and state your name and address for the record. Are you here as an objector? Not an objector. Mr. Burnett Burn: Not an objector, no. My name is Burnett Burn. I live at 2838 N.W. 22 Avenue. My interest in this is that I feel the area there is not conducive to dwellings for people to live in. The reasons, I don't know how accurate that chart is but I had people come over with sound level meters trying to sell me the meters since I was trying to stop the airplanes from flying over my house and they took readings from the meters and everyone of them was from 50 to 90 decibles - every meter reading. That goes on all night long so I feel that the neighborhood right there especially when there is inclement weather; the instrument landings are forced to come directly across my house and make landings. Now I'm zoned for 14 units there and there is no sense of me putting in 14 units if I can't rent them and / think the only possibility that I have is that the man next door to me gets his 80 feet zoned St? that I can get my 120 feet zoned the same way and put something in there that is possible. The people down the street from me, if it went the whole block it would not hurt anything. But if the people next door to me and everybody on the side of me owns 40 feet, they're not objectors and they own 40 feet and they couldn't come in for a zoning hearing anyhow. And like I say, it wouldn't hurt if the whole block went that way because it should not be used for residential, We have a fire station around the corner with fire rescue taking off every time with the sirens going, All the ambulanoes come right by the house. Every police oall comes with their ambulances and their sirens going. It just isn't practical to have a family dwelling there, 17 SEP 25 Mr, Acton: Two brief comments, As the commission knows the deeparment looks at each particular application in the context of the whole neighborhood. I just want to point out that what we really look at is are the boundaries logie" ally drawn in a particular area so you don't :place incompatible uses across from each other. That'a one consideration. The second consideration - is there suf. ficient land zoned for the particular use to meet the need in the particular neighborhood. 1 wanted to point out to the commission the map on your right that shows that although there le quite a bit et land zoned for both G4.1 and C'4 uses you'll note that the use Le still to a great extent residential. Now one of the objectives that the City of Miami is looking for is private redevelopment. Now this nap does not ahoy one such instance taking place right now but there is a new shopping center being put on t believe it is 22 or 24 Avenue. Some of the older houses have been torn down and been replaced by commercial. Now the point is that t think there Le auffieient land available in there that is right for redevelopment and it has not been done to date. t don't think that we should allow the intrusion of commercial uses into residential areas as long as this particular condition exists. Mr. Hallos Mr. Mayor, if 1 may t would just like to rebut one of his arguments that he has used or every occasion that there is enough available land. That is a very specious argument. If the property owners are hot redeveloping, if they are not improving the only thing the Planning Department is doing is pro- tecting Crested interests and people who are not doing anything for the coitm►unity or for the individual area. So 1 believe tht argument is completely speechless. Rev. Gibson: tent it true that another shopping center is in the next block? Mr. Mallo: That shopping center was begun since we made application. Rev. Gibson: No, isn't it true that there is another shopping center in the next block? Mr. Mallo: There is a shopping center on the corner of 28th and 22nd Court. Rev. Gibson: Tell the commission, isn't it true that there is another shopping center to the west of that block? Mr. Mallo: Yes. Rev. Gibson: Isn't it also true that that whole neighborhood with the exception of your piece of land is nothing but residential? Yes, Mr. Mallo: Yes, there is but I would like to point out to the commission that there are in every corner along that area. Rev. Gibson: There are what? Mr. Mello: There are commercial buildings on every corner along that area. Now whether they were grandfathered in originally I do not know but there is a business on every corner along that 22nd Avenue. And the fact remains, Father Gibson, if I may that the shopping center that is in that corner of 22nd Court and 28th street _s a shopping center that is extremely crowded and does not have enough space to service the community. On any visit at any time there you will see the treme:idous traffic jam and the tremendous amount of cars that exists in that shopping center. There is a need for businesses in that area. There is a need for commerce. This is an area that in the past commerce has fled. We want to put commerce back into it and nobody else has done it, My client wants to do it; he's willing to do it. He's willing to take the chance and take the risk, Nobody elsehas done that before. Rev. Gibson: Mr. Mayor, I'm going to do something that I'm not inclined to do by nature. But I just think that some of us have to understand that we want the city to be a place yet where people want to live, where people want to do business and live reasonably so, Now I'm going to move to sustain the recommendation of the Planning Department and purely because I know what will happen. And 1 pointed this out, I'm disturbed by what will happen when you have another one of those incidents that we had out in that area with that airline, Mayor Ferre: Rev, Gibson; Mayor Ferre; sustained and Alright, is that in the form of a motion, Father? Yes, siree. There is a motion on the floor now that the Planning Department be that the Zoning be reversed. Is there a second on the motion? SEP 2519 Mts. Oordott I'm 'going to second the motion, Mt Mayor, with a clamant. Mow the comment is looking at the snaps that have been placed before us it its very evident theta is A let Of area sorted commercial in the proximity of this app i= eant's property, very olese to it in faot which is not yet developed into a oom= mercial use. The City of Miami is undergoing a compreheeeive plan. We have budgeted and allocated quite a sum of money in order that wa may develop our future better than ae did in the past. And if we're going to aide track our professional staff's reoommendatihn then we will be making a grose mistake and 1 'would go along to the Planning tlepartmertt, our professional's recommendation that we do tint extend commercial usage into the residential areas Mr. Flutter Mrs Mayor, the City Attorney would like to give the proper word- ing for the resolution. Mr,. Lloyds the way 1 understand the intent of the (lotion is that you intend not to comply with the recommendation = you're not to accept the recommendation of the Zoning Board rather you're accepting the recommendation of the Planning Department so your motion would be to indicate your intent not to accept the recommendation of the Zoning board. Rev. Gibson: That's correct. Mrs. Gordon: May the records reflect that the Zoning Board was very divided in their recommendation that the vote was a slim majority of 4 to 3. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75'-856 A MOTION TO UPHOLD THE RECOMMENDATION OF THE PLANNING DEPART- MENT AND DENY AN APPLICATION OF OSVALDO NUNEZ FOR CHANGE IN ZONING CLASSIFICATION FOR LOTS 19 & 20, BLOCK 3, GLEN HAVEN, FROM R-3 TO C-4. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. NEW )OR7CONRVENCEION OF WOMEN'S DETENTION CENTER REFERRED TO CITY MANAGER WITH VIEW TO RELOCATION' OF PROPOSED FACILITY.TO..GOVERNMENT CENTER • Mayor Ferre: Are the objectors present here? Are there any objectors present on Item #4 on 7th Avenue? Are there any objectors in the room? Alright, let's hear from Metropolitan Dade County. Mr. Plummer: Mr. Mayor, if there are no objectors present and the Planning Department and the administration are satisfied that this is proper I don't think we have to go through all of the presentation. M. Acton: It was deferred because Commissioner Gibson had questions... Rev. Gibson; Mr. Mayor, let me say whether you vote majority for or against I'm going to vote against it. I'll tell you why. I think that this commission ought to be aware of some possibilities, Now I'm on the R.U.D. Board, certainly I wasn't there. There record reflects I' wasn't there and it is also true that I've been told, "Well you know they voted when you weren't there." and if I were there I would have made the sane pitch to the B.U.D. Advisory Board. When we get ready to build, and I want everybody to understand this. Where black people are to lie you know nobody gets too up tight about the future consequences and I'm not so sure even the blacks who have said yes understand the implication. I think good planning will say that what you're doing is not a good thing. But you know you have all expertise and those black folk have to go to work so they can't be here to bell the cat and tell you why T really. And I guess because most of the women in the detention place are black women anyway anything they get would be better than what they now have. It is also true that you asking us to put a detention center right across from what ie going to be perhaps, Mr, Mayor and the meters of the omission want your conscience to be a guide in this matter. What Le going to be one of the redeveloping areas or a new approach to downtown Miami= you just got through building or you are about to complete that new ail which the new look for downtown and t'm not going to be unmindful of the fact that you already have a facility in the city right in that governmental complex. Now my brothers would want to cut my head off because t say this but you know what, Theodore Gibson only knows to be his own than and to tell What he believes to be the truth and to look at it as it is. Now the rest could go and say yes, I'm going to say no. Let me add thie. I know they'll say anything we get tow to better than what we now have. tut let me tell you this. You could get some things better than what you have if you pursue. Mayor perre: Alright, you want to make your presentation now. Mr. Jack Sandstrom: I'm .tack Sandstrom, director of the Dade County Corteetiohe Department. I suppose I should begin by going back in history slightly and talk., ing of some of our planning that has gone into this facility. last year we attempted to build a facility or get permission to build a facility oh N.W. Sth Street in a coMMercial area. That was rejected by the PACT committee. We had several hearings on that matter, public hearings and so forth and that plan was rejected. We felt at that time that we had a location that was suitable. We then began researching every possible source of property that was available somewhere near the government complex, near the courts, near the police statiens, hear the people who use jails and we located this particular site. We again went back to the PACT Committee. We met with them on several occasions and we discussed the thing the matter with the PACT Committee individually and as groups, public hearings and we presented the plan to the PACT Committee and they accepted the proposal. It was not done in a one meeting situation. I thinkwe had about four or five meetings. The location that we have presented is commercial property. It gives us the possibility of creating a building to house women prisoners. It will give us some ability to give them outside activity space. It will provide for parking accessible to the Police Departments. It is accessible to the courts. It serves the area that we serve which is primarily the center core of the City of Miami and Dade County. So as far as the location goes why we don't feel that at this time we have neglected in any way to search for a proper site. An alternative that we had was obvious, was locating somewhere out on Milani Dairy Road and near the stockade facility which would create tremendous transportation problems not only for our department but for the police agencies that have to bring people to these facilities. Mr. Plummer: Let me stop you and ask you the obvious question or at least it is obvious to me. Why not right in the government center itself which Metropolitan Dade County owns practically all of that land now. Mr. Sandstrom: I think we're all aware that the Government Center where the Justice Building and the Dade County Jail and the Dade County Public Safety Build- ing is located, the Health Department, the State Building, there is absolutely no place to park an automobile in that area right now. I don't know of any way in the world unless there were some funds available to build high rise parking garages that another facility could be built in there. Air_ Plummer: either you or a new jail fac posal? Mr. Sandstrom: Mr. Plummer: Mr. Sandstrom: Mr. Plummer: north side of Mr. Sandstrom; Mr. Plummer: meet Center, Mr, Sandstrom: Mr, Plummer; jail there why county in the Well the reason that I ask, Jack, I remember a proposal I think by your department recently of going right across the corner to build ility from the police station. Am I correct? Wasn't that a pro - No, sir, we have not made such a proposal. For Metropolitan Dade County. On the City of Miami Police Station? No, sir. Kitty-corner across 5th Street which would be on the 5th Street. About a year ago there was such a proposal. That was about 4th Avenue; that was just west of the.,. Yes, but I mean it is within rock throwing distance of the Govern - We have no objections to that site, commissioner, The only thing I'm saying is if you were going to build a major couldn't it go a half a block away in land already owned by the government center itself? 20 Mir. Sandstrom: h, you're talking about the downtown Covert meat 'Center/ Mt. Plummer Yes, sir. Mr Sandstrom: tt is ray understanding, and t really don't know the plan for the wntown Government Center, but it is my understanding that all the tared that has been acquired and is planned tb be acquired in the 00vernment Center has been allocated for various and sundry programs. Mr. Plummer: Jack, let me tell you something. One of those blocks was dedicated to the City of Miami for a convention center which we're now not going to build in the Government Center = we're going to build it over on the river. So t know of one block that has been freed up. Mr. Sandstrom: I am not aware of the planning process for the Downtown Government Center. Mr, Plummer: I'm not either but I know that there was one block dedicated. Rev. Gibson: You know Martin Luther Xing is dead and gone to his God but Martin says one of the best ways to hide things from people is to write it. And you know I pick it up in the newspaper every so often, They write it and lkrh sure you know about that block just like I do because I'm sure you can't be in public life and not read the newspaper. Mr. Plummer: Father, where he is stuck he probably doesn't even get a newspaper. I'll tell you what, Father Gibson, I'm going to be I guess hopefully around for a while Jack, and I'm ready to offer a motion at this time that we defer this item to give you the opportunity to go back and discuss with the county the possibility of utilizing that allocation of space which had previously been committed to the City of Miami for the possibility of using that space for this cause that's outlined here in Item 4. Mr. Sandstrom: May I comment? We are in very critical shape for jail space in Dade County. This past winter season we had in excess of 200 prisoners, unsentenced prisoners housed at the stockade. We are now running at full capacity in the dead of summer. We're running at about 130 women prisoners in the old City of Miami Jail. We last year averaged something like 75 women. This year we're averaging about 130. We are in critical condition for jail space. This year I cannot forecast what our census in our jail system in Dade County is going to be. We are well along the way in the planning of this process. Our architectural plans are pretty well done. As a matter of fact we hoped to begin construction this year on this facility. If it is delayed the entire matter, and there is another issue in point that at the moment there is some funding available that will soon expire and we feel that we will be elgible for some of the funds that are coming down for construction worker employment and this is my understanding is going to expire in October. If we don't get this plan in, and I would request that the City Commission act on this thing today because ve do not have a lot of time. We've been working on this plan for a year and a half and we fell that we have presented to everyone a very plausible case for build- ing this facility on this site. "syor Ferre: Let me just express my opinion - if you ask for that you're going to get turned down. Mrs. Gordon: Mr. Mayor, may I make a statement before you go any further? I own a piece of proprty just behind that property that is in red, one lot, and I believe that although it is not within the 375 feet that still I would be in one way or another financially affected by any decision that I might make so I would abstain from voting and leave the room. Mayor Ferre: Let the record reflect that. Mr, Lloyd: Yes, the Clerk has a form for that, Commissioner. Mayor Ferre: Alright. Now my advice to you, sir, is that you let this motion., of course, you don't have a vot but my advice to you is to defer this and let's see what we can do, Mr, Mummer; Mr, Mayor, I would like to incorporate that in that motion that the City Manager be instructed to contact immediately the County Manager at whose con- trol that Government Center exists expressing the concern of this commission about this particular project not only to help out the county but to help out Mr. Sand- strom. In other words don't make him go just to his boss - you go to his boss as well as he, The Manager wants incorporated the site designated for Miami or others - which gives him the latitude - railroad tracks to the expressway, 21, SEP25197 The e1lOwing m ion was ititrodticld by eommieeioner Plummer, who moved ite adoption: MOTION NO. g4-0i A MOTION TO =EPER CONSIDERATION Or AN APPLICATION BY METROPOLITAN ITAN t AOE =NT TO CONSTRUCT A WOMEN4S bETENT1ON CENTER AT APPA XIM ►TE& IS 1401 N'.W, 7'l'H AVENUE, AND INSTRUCTING THE CITY MAt AGER TO 1 4 D& IATELY CONTACT THE COUNTY MANAGER AND EXPRESS THE CONCERN OP THE CITY COMMISSION OVER THE PROPOSED SITE ANb SUGGESTING THAT SA/b FACILITY BE LOCATtb oN PROPERTY bttbEb TO THE CITY EY THE COUNTY IN THE GOVERNMENT CENTER. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboot), Rev. Gibson and Mayor Pierre. NOES: None. ABSENT: None, ABSTAINING: Mrs. Gordon 0 GRANT 1-YEAR EXTENSION OF CONDITIONAL USE 11 2110 BRICKELL AVENUE Mayor Ferret Item 5, I think that comes to within... Where is 2110 Brickell Avenue? Is there a map of this thing? Mr. Plummer: Push it down, he's trying to see where he lives. What's the roads, that's what he needs to know. Mayor Ferre: I live within that general area so I think I'd better abstain. Mr. Plummer: Mr. Mayor, may I suggest for your safety that you ask the opinion of the attorney. Mayor Ferre: Yes, but see I don't know exactly where 1643 Brickell is which is where I live and this is 2110. I've got to find out where I'm at. I'm out of that circle, right? Well then can I vote on this, yes or no? Mr. Lloyd: Well, it is a question of whether or not you have a financial inter- est which would be affected so that your independent judgement would be affected by that. It doesn't make any difference where it is. So if you figure that way then you abstain. Mr. Plummer: He can't vote on anything in the City of Miami. Mr. Lloyd: Well we're not talking about a continuous We're not talking about a tenuous proposition. We're talking about something which is real. Mayor Ferre: I frankly don't see how I would really be affected. If I had to apply that type of thinking then as Plummer said then I couldn't vote on anything. Mr, Lloyd: Yes, then you should vote then. Mr. Plummer; Does the administration have any objection on Item 5? Mr. Andrews, does the administration have any objections on Item 5? I move Item 5 be approved. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-858 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 2110 BRICKELL AVENUE BY ZONING BOARD RESOLUTION NO. ZB 38-75, AS PER ORDINANCE NO, 6871, ARTICLE VI, SECTION 6 (1), TO PERMIT CONSTRUCTION OF "DEVELOP- MENT OF PLANNED UNIT NATURE", BEING LOT 77 AND S25' LOT 78, BLOCK 56, FLAGLER MARY BRICKELL (5-44), COONSISTING OF 3 UNITS IN 2 STRUCTURES AS PER FLAN ON FILE, WITH 6' WALL QN SIDES OF PROPERTY; ZONED R-3A (LOW DENSITY APARTMENT) DISTRICT, (Here follows body pt resolution, omitted here end on file in the Office of the City Clerk') 22 Upon being seconded by Commissioner Gibs it, the resolution was passed and adapted by the following vote.. AYS01 Commissioner pose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer,, Jr Mayor Maurice A. Petra ABS Commissioner Manolo Rebbso MOM Mont. 11, CON.IIEN?10N._CENTER APPEARANCE60F UR�H�KtSTANFORD�P11NiVERStTYNOF MlAM1 WITH PROP6SAl. FOR CONFERENCE CENTER Mayor ?erre I have an announcement that 1 have to make. The Manager has informed me this morning that he ie ready to recommend the architect for the Convention Center but he is not ready as of today. Now, I have been ifs discussions with the University of Miami and I don't really want to get into snaking the announcement today bttt it is of major importance to our future convention facility and out of courtesy to the university and br. Henry Xing Stanford who would like to be present, since the Manager is not ready today and since br. Stanford cannot be here today l would like to ask if we could have a Special Commission Meeting tomorrow at 9 O'Clock for about half an hour to 45 minutes for the purpose of (1) selecting the architect for the convention center and (2) listening to the presentation of the University of Miami which is something in reference to the James L. Knight Conference Center and it is a matter that has been under discussion now for many many months. It is another one of my private deals. Rev. Gibson: Mr. Mayor, before you get to thht I have some questions I want answered. Mayor Ferre: Alright, sir. Rev. Gibson: I hope you aren't going to make no announcement until my questions are answered. Mayor Ferre: No announcements, this has got to be a commission.... Rev. Gibson: And more than that, I want to make sure that I see all of the material. Now let me ask, we made a rule here that I am going to adhere to. Who are the people that you have boiled it down to, who are they? Tell me. I don't know, I don't have it. Mr. Andrews: I'm preparing a memorandum. Rev. Gibson: Then I'll wait until the memorandum comes and don't let's, you now. No, no. Mayor Ferre: Father, let me tell you why I wanted to call the meeting tomorrow and I don't know what the results are going to be. This commission or you might have objections or I might and we might defer this and continue it but Mr. Andrews is going to be gone„ for a week. He's leaving Saturday and he's going up to the Conference of City Managers in Washington. Now my interest in all of this was that before he left I thought it would be very important to get the ball rolling one way or the other. Now it may not be possible but the other aspect of it is that the University of Miami is under severe pressure by the James L. Knight foundation to make a decision as to what to do on it's conference center and since it now involves the City of Miami I think it is important that we now get this in tlao open and have an open discussion about it. Rev. Gibson; Ok, Mr. Mayor, let me tell you something. I remember when we were dealing with the Orange Bowl everybody thought the world was coming to an end, But i want to tell you this - 60 years of living has taught me that the world will be here for a while yet and I want everybody to understand because I have some major questions I want answered unequivocally too, Ok? Mayor Ferre; All right, then here's what let's do then, and I understand what you're telling one and I accept it and we may not come to a decision on Friday, Mr, Andrews, But I would like to now call a Special Meeting at 9 o'clock, Friday morning, no more than an hour and the purpose of the meeting is first to discuss the Manager's recommendation to discuss the Manager's recommendation ® and secondly to discuss with the University of Miami what they want to discuss with us about the James l,, knight Conference Center, And then we will take it by ear, 23 EP 25197 If there it a consensus we will move if there in not then wa Will have all the question§ answered before we can make a motion. Rev. Oibsont Ok. I hope when you come, Mr. Manager, you'll bring fie preliminar- ily tomorrow morning twl answers; (1) t want the established policy of this com- mission adhered to whether or not the people who are involved are housed, have an office in the city limits of the City of Miami. (2) What is your measuring rod for selection? Ok7 Then I'll ask those other questions after t get those two answers. You don't have to answer them now. Mr. Andrews: Mr, Mayor... NO, I'm not, procedurally though, gather Gibson, there were 32 responses that we received and of those 12 g were screened to be exceptionally acceptable to us. Interviews were conducted with those 'g and then it was boiled down to three. NOW is it the commission's wish that those g arch- itectural firms also be notified so that they're present hare for this meeting? Rev. Gibson: I would not be objecting to it. I'll stay all day in order to get some answers. Mayor perret The problem is, and t411 just make this observation, will not be able to stay for more than an hour, an hour and a half. So if it gets beyond that point then we will have to reschedule the.... Mrs. Gordon: Let's start it earlier, Mr. Mayor. Start at 8 O'Clock. Mr. Plummer: I've got a problem. Mayor Ferre: What's your problem? Mr. Plummer I've got an appointment. Nine O'Clock. I might be able to break it for something this important but I've got at least to show courtesy to the man to call him and tell him. Mayor Ferre: Well, would you let us know because we've got Dr. Stanford. Mr. Plummer: Well, I was going to suggest 9:30 and then I would just... Go ahead, schedule it when you want and I'll.... This is more important than that meeting. Mrs. Gordon: Mr. Mayor, if your time is so limited I wonder why you don't try to push it up a little earlier; 8 O'Clock would be alright with me. Mr. Plummer: That's brutal. Mayor Ferre: Eight O'Clock is fine with me. Mr. Andrews: That would follow the sequence of events that you're trying to adhere to because Dr. Stanford is going to be here at 9:00 so if we could get started at 8 : 00. Mayor Ferre: If it is alright with everybody here then we'll meet at 8 O'clock .-omorrow morning for the purposes of discussing the selection of an architect. Mr. Andrews: And it may be very late today, 6, 7, 8 O'clock in the evening but I will try to deliver that memorandum to you that late tonight. GET WELL WISHES TO RET► MAJOR JOHN DI LUCCHIO CM►P►D►) .';r. ::ummer: mr. Mayor, urou're waiting for Mra. Gordon may I Please bring to the attention of this commission some news which I received yesterday that I think each and every one of us would want to know. I received word yesterday that Major John Diluccio of the Police Department who retired just some few months ago was affected in a very serious physical way I believe in Salt Lake City and he is going to be detained there because of this illness with a vascular accident. I think that this commission would like to send some appropriate get well care or something, whatever would be appropriate to, Major Diluccio. He is 47 years old and finally got to the point where... I'll make it in the form of a motion if it's necessary. The follbwing ttiotiOn waO ihtroduoed by etli niseiotier piurnme , %hb moved ite adoptieri MOTtC f MO. 75..80 A MOTION tHATECCT1tO THE PtOPER Ob?ICIAMS Op THE CITY Op MIAMI TO CONVEY MIMS POR A SPEEOY RECOVERY TO MM k /OAN it% CCtO, M AMd POLICE OEPARTMENT, MIRED. D. Upon being eeoonded by 'Cf MMissiotter keboso, the diction was passed and adopted by the fbllf'wing veto AM: Cf itimiteioner &f se Cordon Cotmnteatoner Manolb Raboeo Cottittiiias beer (yell.) Theodore Gibson Vice Mayor 4,, L. Plummer. Jr. Mayor Maurice A. perre NOBS: None. Mr. Plummer; And Mr. Clerk, if you'll contact Annette Eisenberg she can give you the address of where to send the greetings of the commission. 13 COMMUNITY DEVELOPMENT ACT STAFFING - aIREEVCIalpgNSTAFF SY Mr. arAri r#s t fairs *"hi*'Sr a`:' ite ers o' t:".c omn!tibsiOto •• .th re ererice to tten "? as you are aware the city is embarking on an expensive program with reference to the Community Development Act. Our funding for the first year is in round figures around approximately $2,900,000. The second year it'll be 612 million dollars and every year there after for 3 years approximately A million or 9.8 million dollars. to assist the city in carrying this out it will be absolutely necessary to hire a staff and this is provided in the law and in the federal funding. I've charged Mr. Crumpton with the responsibility of not only overseeing the entire program as part of his responsibilities and duties but also for the acquiring of the people necessary to carry out the functions that will be required. And I will want him to tell you about the people that we have selected and have appointed to these positions. Mr. Charles Crumpton: Mr. Mayor and commissioners, it pleases me to present to you and describe to you the members of the Community Developments Acts Staff. Two of the members are on board now and the other four will be coming in a matter of days and weeks but I would like to first introduce to you those who are presently on board. First I would like to present to you Miss Brenda Rivers who is one of our planners with the Community Development Act and will be working with the staff in a planning capacity. She has her Master's Degree in City Planning and will be working there. Brenda has been here since August 25th and has been working with our staff, is in the area and has been in the area. She is a native of Florida. Then our coordinator for the non -grant activities which is a part of your Eommunity activities is Mr. Arthur Wright who came on staff this past Tuesday and he has been in the area for a number of years. He is a native of Havana, Cuba and has his Master's work in Latin Affairs and Economic Activities and will be involved in economic ,Development side of the Community Development Activities in the Act. Then those who are not here but are hired and will be coming on board to head up the Community Act itself and be the administrator of that act is Mrs. Dena Spillman. She will be heading up that. She will be coming on board on October 6th. She has had quite a number of years experience in federal programs and in Community Development ACt. We feel very fortunate to be able to get someone of that experience to come on board. Also Monday we will have Mr. Jose Casanova who will be on board as one of our planners. He has his masters in City Planning and will be working in and with the Planr,.ng Department in that capacity. Our two analysts, Community Development Analysts will be Mr. James Thomas who lives in the Liberty City area and will be working with us as an analyst and then Mrs, Louisa Caulderon who will be working with the Little Havana Area and others so that we do have where they will be com- ing on board in mid -October and this is the major portion of our staff and I wanted to present them to you and let you know who we have and how they're coating on board. Mrs. Gordon; May I commend you on your Affirmative Action selections. May I ask you Miss Spillman's title that you gave to her? Mr, Crumpton; She is the Community Development Administrator, She will be admin- istering the entire program under my direction. Rev, Gibson; Mr, Mayor, I want to askMrr Crumpton a question, ask Mr, Andrews then you can direct, 1 wonder are we taking into consideration the Affirmative 25 SEP 2519 Action policy and t mean actually executing, doing exactly what is expected of are we doing it = you know = tei say we have an Affirmative Action. You know what t mean? I want a positive answer on that. MY. Crumptottt t'11 give you a real positive answer. We had 140 applicants for 6 positions so t had a good group to choose from and we pared it dolt and it was a difficult choice to come to those who are highly qualified and t feel we've got a real highly qualified group. That was my first criteria. Now, if in playing the game of statistics far Affirmative Action S6% are male, SO% are female. As far as the other elements of Affirmative Action 50% are Latin 33+ are Clacks and 17% are white. kev. tibson: Alright, 1 just wanted the record to reflect. low let me raise the other question .. the gut question. 1 hope that in employing theft that they aren't at the bottom rung of the toteM pole. Mr. Crumptont Mot sir! They're not. 1Zev. Gibson: t'm not accusing you I jiiet want the record to say it. Mr. Crumptont 1 want the record to reflect they are not at the bottom of the totem pole. Rev. Gibson: Alright, now let me raise another question. Mr. Crtuepton: Par from the bottom. Mr. Andrews: May I comment on that though please before you go onto the next question. It is just the reverse. These people are highly qualified and as Mr. Crumpton. was pointing out it was difficult in some instances to make select- ions because the city got a very fine response. You'll notice that most of these people have Masters Degrees in this area. Rev. Gibson: I heard that. I want to make sure I hear it again that they're not at the bottom rung of the totem pole. Mr. Crumpton: No, sir. Rev. Gibson: Alright, now one other question. You know being an Episcopalian I know how this can be done. I hope we aren't transferring from one Department to another. Do you know what I'm talking about? Mr. Andrews, what I'm trying to say to you is you know when you give me some statistics and you say, "Well you know we have 15% of the city work force being black," and then you go to one department and you get a black out of there an move him up. You know, transfer him over into that. Do you know what I'm talking about? Mr. Crumpton: Yes. Rev. Gibson: Where did they come from? ,tr. Crumpton: All of these have had no previous employment by the City of Miami. Rev. Gibson: Beautiful! I just want to make sure I understand that. That is on your staff? Mr. Crumpton: Yes, sir. Rev. Gibson: Ok, you've satisfied me. Mr. CLumpton: And I thank you for the pleasure of being able to present them to you. Mayor Ferre: Mr. Crumpton, let me say from my opinion of you I would have been very very surprised if,.the results had been otherwise, Rev, Gibson; Mr, Mayor, let me make this final comment and hush my mouth. I just hope that the other heads will begin to get the message. You know it is quite a late hour in the day. Mayor Ferre; How many out of the 6 are women, by the way? Mr, Crumpton; Fifty percent, Mr, Plummer; Now do you want to know how many are men? Mayor Parre l thLtak you're over eensitive. REPORT By COMMISSIONER GORDON ON TASK RORCR FINDINGS ON 111 JUVENILE CRIME PREVENTION Ire, Gorden: Would you Come forward, doctor, and make your presentation that you made to our ebm ittee yesterday because it is most important that the City CoMMiaaiOnere who ate not present yesterday, Vice mayor Plummer watt know exactly what you are proposing and then t'll go on with my recommendation. Mayor Perret Your name and address for the record. Dr. George powers: I'm► George powers, Chairman of the Youth planning Council of Greater Miami. curing the past four months the tank force of the Youth planning Council has been meeting to discuss the use of the Miami Police Station and it was decided that the facility should be used for youth services. There have been various proposals suggested and the one that we favor is that a youth service system be set up in Miami so that all of the youth service agencies can utilize this one facility. It would become a referral service. For example, if a police= man were to pick up a kid in Miami and didn't know what to do with him he could take him to this facility and there find the help that he would need to refer him to the appropriate agency. It would als0 be used to house youth service agencies that have requested this kind of service. WE surveyed the community and found that there were about 12 such youth service agencies that needed office space. It would also be used as a training center for youths particularly for peer counselors and for other youths who are working in the school system and in private agencies with youths. We also feel that it can become a training center for vocational work. There could be facilities for example, auto shop, auto mechanics, aviation and so forth. We realize that this is an elaborate proposal and it will take time and so therefore, we have recommended that a planning commission be set up to prepare for the day when the police facility can be used for a youth service system. Mrs. Gordon: Is there any question, Mr. Mayor, of yourself or any of the other commissioners? Mr. Plummer: Well, just so it is fully understood I think that the doctor is asking for $10,000. Mrs. Gordon: No, that's a part of the proposal. Dr. Powers: We have revised this by suggesting that the city utilize its own nlanning in house. Mrs. Gordon: That was going to be my recommendation. N.r. Plummer: Oh, I'm sorry. I had to leave the meeting early yesterday. Mr. Gordon: If there is no other questions that pertain to the kinds of idea, which the doctor has mentioned to you for the use of the building as several studies(I'11 read you this report I was going to give to you). The Special Task Force appointed by the Mayor to investigate the ways to turn around the rising jeuvcnile crime picture has heard from the Youth Planning Council in the meeting yesterday. There hve been two surveys conducted. One of the many youth agencies in the area and one of the youths themselves in the vicinity of the current Miami Police Department. Findings thus far indicate the desirabil- ity tt. turn the police facility into a youth city when the department vacates the building. Advance planning must be done including a cost benefit analysis of the advantages for coordinating Youth Services, An engineering study of building defects and a needs test as determined by the Comprehensive Master Plan being developed by consultants in conjunction with the City Planning Depart- ment. As chairperson of this special task force 1 recommend that the city's Office of Community Affairs and Management Analyst Team act as a facilitator to establish the necessary linkages to other city departments which could provide a team approach to resolving the highest and best use for the building in terms of the youth in our community as was originally committed by this commission, It is further recommended that the City of Miami Youth Advisory Board and the Youth Planning counci.l continue efforts to implement an action program with the Depart- ment of Communi•ty Affairs, Future federal grants for jeuvenile crime prevention should be actively sought by these groups and the city grantsmen. Where was absolutely no one that attended the task force meetings while I was present at any--- 27 SEP 25197 ii time that felt that the preeent police Station should be kept as a jail or another place to lock them up. but almost 166% of the persona interested In the reduction of crime feel that crime can beat ba reduced by turning around the trend and by helping young people to find a better self image of themselves. And the only way that young people who do not have all of the advantages can do thin is by knowing that there is someone someplace that cares. There is a place, there is a home, there is a group of people totally dedicated and willing to give of themselves to help them to beeome 0amethirrg that they ate capable of becoming, Not every person has the same capabilities but emery person has some capabilities which can be enlarged upon and it is my sincere desire that this commission will permit the City Manager to proceed with the recommendation that 1 have just outlined and t would so move. Mr. Plummer 1 think I' y.y. be happy to second that motion but 1 would like to hear from the Manager first as to his thoughts. till second it for purposes of diseussion. Mayor Perret The motion what it does basically is it gives a direction for the administration to follow and it asks the administration to study it acid tome back with some recomMerzdations. So f think the appropriate time for the Manager because otherwise We're going to start getting into some kind... This is the philosophy of the commission. tow it is up to you to study it and come back with some specific recommendations Mrs. Gordon: The Manager is being directed to work with and of course directing, asking him to direct his Community Affairs Director and the Management Analyst Team as a dual body and for them to work together with the Youth Advisory Board and Youth Planning council and then come up with a conclusion for the highest and best use. This doesn't preclude anything. This simply says this is the professional approach. Mayor Ferre: Ken Friedman, do you want to say anything to this? I see. Let the record reflect that the able chairman of our Youth Advisory Board is present. Mrs. Gordon: Mr. Ken Friedman and he has been a great deal of help and all of those persons of the council, the Youth Services and Dr. George Powers in particular has devoted countless hours of time dedicated time that we certainly have not been funding. So we thank you and I after this motion is completed would like to offer a motion of thank yous to both those groups. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-860 A MOTION INSTRUCTING THE CITY MANAGER TO CONSULT WITH ALL AGENCIES INVOLVED AND SUBMIT HIS RECOMMENDATION TO THE COM- MISSION WITH RESPECT TO CONVERTING THE BUILDING PRESENTLY BEING USED FOR THE MIAMI POLICE HEADQUARTERS TO A YOUTH SOCIAL SERVICES CENTER AT SUCH TIME AS THE MODERN POLICE STATION RAS BEEN COMPLETED. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Mrs. Gordon moves a motion of commendation to Dr. Powers, Ken Friedman and the others that are involved. Mrs, Gordon; I would like to call attention to the fact that Roselyn Johnson is in the room, Roselyn Johnson has worked deligently and Roselyn Johnson is working under the direction of Dr. Ben Sheppard in our Overtown Center which this city is funding and I would like to inclue Roselyn Johnson in the commendation as I have previously outlined, Mayor Ferre; Let the record so reflect, And by the way, Roselyn, our apologies for not being able to be there for the anniversary celebration Tuesday but you know we were in the middle of a budget session and we just couldn't break in time, Mr, Plummer; Happy Birthday, 28 EP 25197 The following motion wag introduced by COmmissione ram, w6 moved its adoption: MOON Na: 7S.,861 A MOT/ON COMNEMING DOM POMO, NEN PAMMAN Nt AOSSLYN JOHNSON MAMMA MOATS IN =MN= CMS DARVENTION, Upon being aoconded by Commi§gioner aibsoft, the motion was passed and adopted by the following vote AnS! COMMiebiOner Mee Oordon Commissionbr Mandl° Raboao Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, dr. Mayor MAUtite A. Perre NOM: None. REPORT BY CITY ATTORNEY - STATUS OF 1S, F,E C. AND BALL POINT PROPERTIES - CONDEMNATION • Mr. Lloyd: Honorable Mayor, honorable members of the City Commission, first on the Ball Point property, on September 2, 2975 Mrs. Gordon: May I interrupt you and complete the other item? I have a letter. It is addressed to me intended for the entire ooMmission. It says; Dear Commis- sioner Gordon, I understand the City of Miami Commission is involved in the process of deciding how to make best possible use of the City of Miami Police Building com- plex when it becomes available in the near future. It would be of tremendous value to the community to utilize the facility as a center for youth where various types of programs can be implemented and maintained. These could include counsel- ing, recreation, a skill center, rap rooms and various others. Youth Servicing agencies should contact for available space in the building where they could funct- ion as referral sources or run programs depending on the nature of their operation. A real need consists of setting aside some space for the secure shelter facility for run away youths who require temporary shelter care. I am recommending that the use of the building be primarily for the purposes of prevention and diversion programs rather than to be used for any additional type of detention facility for youths. Thank you for your consideration, Sincerely, Dixie Hurlong Chastain, Circuit Court Judge, Jeuvenile Family Division. I thought it was important that she feels this way. Mayor Ferre: Thank you very much. Now, Mr. Attorney. Mr. Lloyd: All right. Now we were talking about the Ball Point Property, Mr. Mayor and members of the Commission. On September 2nd of this year the complaint to quiet title and confirm title ejectment and other relief was filed in the Circuit Court by the Pettigrew and Bailey Law Firm who has been hired by the commission as special counsel to quiet the title or to seek to quiet the title of the Ball Point Proprety. Now the complaint is against the St. Joe Paper Company as defendants, Southeast Properties, Inc. as defendants and Julia Matheson Jr. as defendants. Now the com- ptaint alleges that the city has fee simple title to lots 1-10 of Block 3, lots 7 & 8 of Block 5 and Lots A & B of Block 1 and all of track C & D of the Plat of the DuPont Plaza and that the defendents claim of ownership constitutes a cloud on the City of Miami title and appraise, of course, that the courts award posession of the land to the City of Miami and otherwise to equity. That is a capsule account of what the com- plaint says. Now the complaint has been served along with the process I think on September 12th on the Southeast Properties, Inc. defendant and shortly thereafter on the St. Joe No, on Hughie Matheson it was served on September 12th and shortly thereafter on the St. Joe Paper Company. So the time for replying to the complaint has not yet elapsed. They have 20 days from that time and that is the up to date matter on the Ball Point Property, Now with respect to the F.E.C. property let me refer first to the Supreme Court's opinion. In the opinion, of course, the Supreme Court, of course, affirmed the opinion and decision of the District Court of Appeals which was modified by the Supreme Court and the court held in so doing and affirming the District Court of Appeals' decision that the use of the F.E.C. railroad property by it must be necessary for the successful operation of the railroad and thus would have to be testimoney to establish this issue which the court decided there was not testimoneY on that particular issue which iS a new issue. Now regarding the point involving the amendment to the Florida Statutes which was passed, by the last legis- lature in making municipalities right to condemnation superior to that of the rail- rads, that's the amendment to Section 360,Q2 of the Florida Statutes, The court held that this is a justiciable i-ssue or an .ssue which Must be decided and which must first be considered at the trial love, Now the railroad has filed a petition __ for rehearing under the rules contending among other things that the trial court 2 SEP 2 5 1975 did not give the city the tight to take eertain weals. That's those parcels which we've had under discussion. if you recall there are abut 6 parcels. But only ruled on what is known as the prior use doctrine. We have tiled a reply to the petition noting that the bistrtot Court of Appeal did hold that that was a hearing to determine the right of the pity or otherwise to the certain parcels whteh were under discussion. We have, as I say, filed a reply to that. Thera has been no decision yet by the Supreme Court on Che petition for rehearing which has been filed. Mrs. Cordon: You're talking now of the P.B.G. property, not Bali Point Mr, Lloyds Right, I'm now tin the P.E. C. property. Mrs. cordon: You made that delineation clear? Mr. Lloyd: Yes, 1 did make that delineation, clear. Yes, 1 did. Maisoom rs. ,dAnd the representatives, Mr. Lloyd, who are handling the suit orf Us, there anyone here .... Mayor Ferret Wait a minute, we're jumping all over. Let's now make it very clear and Mr. Lloyd, do not discuss anything until we get finished with the Ball Point property because we're going to go back and forth and get everybody all confused. Mr. Lloyd: Well, I am finished with the Sall point property. Mayor Ferret Yes, but she's not and that's the point. WE are now talking about the Ball Point property.. Mrs. Gordon: I would like to know whether or not there is a representative here from the attorney firm that is handling it. If there isn't.... Mr. Lloyd: No, there is not. Mr. Somberg could be available but I have the inform- ation which he would relay to you and we had discussed it with him and.... Mrs. Gordon; You'd rather not discuss anything further at this time without it? Mr. Lloyd: That's all there is to discuss actually. That's all there is. Mrs. Gordon: When will it be heard, do you know? Mr. Lloyd: Of course, we don't know when it will be heard because the time for the defendants to file their pleadings in response to the complaint has not yet elapsed. Mrs. Gordon: How much time do they have? Mr. Lloyd: They have 20 days from the date of service. As I pointed out service w.,s affected on Hugh E. Matheson on September 12th. Now service subsequent to that was affected on the St. Joe Paper Company. I don't know the exact time after September 12th that it was and service has not yet been served apparently affected on the South east. So therefore, each of these parties has 20 days after service has been effected on the. So you see the time has not yet run. Indeed on the party on which service has not been affected the time has started as yet. Mayor Ferre: Alright, are there any other questions regarding Ball Point? Mr, Plummer: Is there any action, Mr. Attorney, that we should take today to help you further that cause? Mr. Lloyd: No. No action is necessary. We're in court. Mayor Ferre; Now, with regards to the F.B.C. is there anything else you need to say? Mr, Lloyd; Yes, sir. Pursuant to this commission's resolution, and you will recall the resolution at the time Mr, Paul was here and we together prepared a resolution for this commission. There are tw0 factors. First, pursuant to the commission resolu- tion Which directed the City Attorney to file a declaration of taking on the parcels on which it is our contention that the lower court authorized us to take that has been filed. That was filed seasonably. Now in addition to that, I refer now to the case in which we have against the F,E,C, for an injunction to condemn „ „ Mayor Ferre; Wait a minute, I've got a question on the previous one before you jwnp to the third item. On the second item which the taking of those properties 30 SEP 25 1975 that we are proceeding with taking as the Circuit Court gage us the right to take and the aupteme Court upheld. How, has the judge set a data for the heat. ing? The last time you and t talked you said Judge Crawford was on vacation. That was in August and we are now in the and of geptember. Mr. Lloyd: tam coming to that, Mt. Mayor, that's Why t had to bring up the other. There will ba a hearing on 'the injunction case. All of the cases have now been trahsferred to Judge itehoe because Judge Crawford is the administrative judge. That could not have been accomplished until the judge got back. Judge t shoe will conduct a preliminary hearing bn our injunction suit in our attempt to prevent the p.k.C. from violating our Boning laws. At that time Judge tehbe has informed us he will get a date for the declaration of taking. We have not been able to get any faster action than that from the court. Mayor Ferret What you are telling me is that both cases Ate before Judge itehoe? Mr. Lloyd: yea Sir. Mayor Terre That the case of the taking and the case of the injunction are both before Judge Kehoe, Mr. Lloyd Yea Sir. I think that brings us to date on the situation. Mayor Ferret There is one item that ties into it. Mr, Andrews, what have you done about requesting the department of transportation to come up with the several million dollars or whatever its going to be for the taking of the land along the boulevard? That was one of the things we had requested to be done. Have they answered? Mr. Andrews: No, we have transmitted the information to them and had one more discussion. They have not answered. I would suspect it will be a little while before we do get a positive answer. Mayor Ferre: Will you pursue that and see if we can put a little bit of pressure on them? If at any time you need the good offices of the governor, I have discussed this with the governor way back and if you need any you know we hate to do that, but on the other hand,I think time is of the essence and we have to get moving on all these things. Mr. Andrews: I am trying to achieve this by working up the adminis- trative ladder in order to accomplish it. That would be the better way to do it and if that doesn't produce results, then we may have to do that which you have suggested. Mr. Lloyd: There is one more point that I would like to repeat Mr. Mayor so we have a perfect understanding on that. - If you will recall at the beginning of the discussions on the F.E.C. property, I noted that in their petition for re -hearing, the F.E.C. claimed that Judge Crawford in the beginning did not actually rule completely on the city's right to take. He merely ruled and their contention is on whether or not the prior use doctrine was applicable. they put that in their petition for re -hearing. Our contention is that the District Court of Appeals let it rest and they did not bring it up any further in the Supreme Court and therefore the matter is the law of the case so I want that completely clear. We have not yet heard from the Supreme Court on it. • CITY MAIPIMER TO STU Y FEASIBILITY TYPES OF CRAFTS 161 VATERBORNE-TRANSPORT N-SYSTS ESTIMATED COSTS OPERATION •Mts. rdon: Mr. Mayor, becauae it relates to the waterfront and bedatiae bi thia tatter ig about the park and ball point etc.. I would like to ask to each of you a tetottetidation that t vould like to present to this Cottission atd ask your indulgence if I read it please. WATPq=BORNE ypANsppllyAuoN As traffic congestion continues itr..lase in our community rAt)id transit conttnuos to he debated And mote and more VehiCular traffic pollutes our air, I believe the time has come to look into other tneins of transportation than .,,asoline-powered vehicles* And instead of beinP, wedded to transportation moving locally over land, *Par us look to our ci,rat,-..st natural resource in the Greater Miami arf-?a sea and hays around us. For many years T have advocaLcId the creation of a system of water -borne transportation which would he both a great tourist attract- ion an,1 a method to alleviate oor traffic problems in Miami. This sy!item could link the -Anner Ky area and Coconut Grove with Key ,cayn, downtown Miam in the art wherfl the Miami River enters 'dscayne Bay, the 4qamarina and Bayfront Park Auditorium area, our 11,-!w Bicentennial Park and Watson Island. Perhaps such a system'could ,:ven be extended to the Venetian Islands and Miami Beach. I would likq to offer at this time a resolution calling upon the klana.;er to mwediatr-qy institAN. a st!idy by his office on the tity of t'lis system terns of ( ) rYPes of or4ft which could otilim4d such al hydrofotis, hovrIrcraft or larR,e power b34ts, 32 SEP 251975 • • tin. estiAittd.etit eqtriprit r-m=letlies Attmh coutd be gentrAted trom tar4 to maAto• tnvtilt4nt Ott-jilititiAt And (1) whether tacit h•driti.fAt(l by privatq tffiterpil tinti4t‘ A frantilit4 frOM the city, !). odutirq# revenue for the cltyt or whether the system Should bt operAted by the citye.. would hope that this survey by the City Manager's office could.. .' be completed within two months 80 that it would. give.this CommissiOn at .• leastan.inditation as to whether a more detalled.study is • ftecessary. •• in order, to expedite such a water -borne system of.transportation* I would so move the motion and -it will later have to be a resolution. Mayor Ferre: A question on the motion. Mr. Andrews, t wrote you a memorandum and asked you to do exactly this about 3 months ago. Do you recall that memorandum? I see Mr. Crouch is recognizing. Actually, I sent you some information on the Boeing Hydrofoils and Riverboats and I asked you to study the possibility of putting it out to the 'private enterprise to try to connect - do you recall the memorandum? Its been about 3 months and I am glad you brought it up because I haven't seen any response to that. Mr. Andrews: We have an item on this agenda which we are going to discuss which is just one small portion of this. Mayor Ferre: When are you going to have all the information ready? Mrs. Gordon: Mr. Andrews, do you have any objection to this being put to you now? If you had it before, I am not aware of it. I believe that we can no longer sit on our hands and wait for things to happen. We have got to make them happen. Mayor Ferre: That is why I wanted to ask him when he was going to respond. I can't - Mr. Andrews: I can't give you a definite answer now, it is a very complicated subject that you are bringing up. mayor Ferre: We have a motion and lets pass it. Is 2 months acceptable o you? Ar. Andrews: Yes we will supply you with all the information that we can collect in that period of time rather than tell you that we could have a definitive report. 33 $gp 25197 _ The following motion wan introduce ved ita adoption: by Mrs G•ordon who MOTION 7.5.4462 aee prepared reaolution NO, 75.806 later this meeting. Mayor Perre: Ve t�tnpleteiy substo thiChia Roae and e emend you for it. Mrs. Gordon! t have a newspaper you with copies of that this writt commenda and says a Water Borne t we teed and no longer cat wait fo Page 4 HOVERCRAFT. For the past several months there's been some considerable discussion about a very exciting idea. The -idea is to solve much of our local transportation problem by utilizing the water that weaves in and out of the Greater Miami area. The two ingredients that have contributed to the success and development of south Florida are, of course, the climate and the sea. Ironically, we've just taken them for granted. At various confabs and meetings sora.e_pretty responsible people have talked about the pl,ssibility of introducing ,afe. convenient and relatively inexpensive water transportation. A few have speculated that it would be a great idea to invite the prestigious Hovermarine company do%, to Miami to demonstrate its. Hovercraft vessel in our This makes an awful lot of sense to me. Could you just picture a beautiful Hovercraft skimming the waters of Indian Creek, picking up tourists along the way and taking them down to Lincoln Road or to Fiagier Street? Could you see the Hovercraft picking up businessmen at various locations along Miami • /3each and bringing them to areas closest to their offiees? 1 I THE SliNi-REPORTtR, Tuesday, September 23. lati * clipping which t AM going to furn ah en in the Miami teach paper which ransportation system Is something r, we twat have it immediately. Aside from providing a convenient way of travel, • it could eliminate much of the traffic tie-ups we are presently ex- • perieneing. Could ,you see the tourists taking advantage of this -water-oriented mode tran- sportatioi..:something • they coUldn't experience back in their borne town? For too many years, I've listened to people say that we- should make Miami Beach -Miami the Venice .. of America. There's that beautiful sea and we -don't use our collective minds to take advantage of it. I hope some of these people 'who've been thinking • and talking about :-..water tran- sportation will solidly get behind the idea and make it happen. Innovation made this area great in the past. Innovation can make it I even greater in the future! BliLJUNBEAIVIS: It's good to hear tall: about 34 some sunshine coming through the economic clouds. Not everybody is bemoaning the recession slump. Up at the Kenilworth, where they're completing a luxury condominium building,. they're reporting brisk interest. Slated to open in December, they're already turning away people who want to join their private club...Up at Quayside, Mel Chasen and Burt Haft started advertising just recently. and their traffic's been terrific. They're con- structing. with the famous Alfred Browning Parker as the architect, a veritable European village. It will be one of the most unique developments in the south Florida area when it's completed. And they're pouring millions of dollars into the project with much enthusiasm and Herb Sadkin and Mike Douglas, up at Bonaventure, are moving ahead full force. They've just completed their Racquet Club and they're fast becoming the glamor spot in Fort Lauder- dale...And right across the Bay there's the spectacular Omni International develop- ment where at least $75 million is being invested to create a too -room Juxury hotel, a major shopping center and a mini -recreation setup appealing to family oriented entertaimnent. Wow! All we need now is to have the Dolphins get back in the Super Bowl and maybe people will begin cheering and being more positive! SEP Mayor Perret This is sotething that both Rose Cordon and t have been talking about for a long long time and all of us because ve retogftize that we really need to tie together Vizcaya, Coconut Grove, our 6Wft Miatarina Restaurant and the new ticentenftial Park and our new Convention Center on the water and there is no reason, both froth tourist point of view and a transportation point of view, we the City of Mlati don't link up different parts of the tity by water and this is sotething which I think has major itpatt and t have been trying to pursue this all this year and 1 wrote the Manager a memo randum. Mrs. Gordon! t have tote information to relate to you because 1 at a sopporter of your stlettion of the Convention site because it is a very vital part of downtown redeveloptent but / have people say, how are the ears going to get in and out of there, its going to be a problem and 1 say since a lot of people have mentioned that fact to me. That is because everybody thinks in terms of tars. Now ve have to think in terms of other modes of transportation and one of the beat modes is the water borne type and this is the best solution to enormous amounts of cars going itt and out of that convention center. REQUEST METROPOLITAN DADE COUNTY TRANSPORTATION DEPARTMENT TO ESTABLISH RAPID TRANSIT STATION AT 17. SITE FOR CONVENTION CENTER Mayor Ferre: I might also point out Rose that within a couple of hundred yards, the Rapid Transit system goes by and if it goes through, Metro has told us that they would re -study the idea of it swinging down a little bit so that they could tie it into the convention center. Mrs. Gordon: I just wanted you to know that the water born aspect is a vital part of the successful operation of the convention center. Mayor Ferre: It was one of the primary considerations that I had when I negotiated on that land. Mr. Plummer: May I offer a suggestion that this Commission go on record and since mass transit is in the planning stages, that we go on record requesting, if that is strong enough, requesting - The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 75-863 A MOTION OF INTENT TO REQUEST METROPOLITAN DADE COUNTY TO ESTABLISH A RAPID TRANSIT STATION AT SITE OF THE PROPOSED CITY OF MIAMI CONVENTION CENTER upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote; AYES: Messrs, Plummer, Reboso, Gibson, Mrs. Gordon and Mayor Ferre. NOES: None Mayor Ferre; I have a letter from Ray Goode and Paul, you have a copy of it on the question that we immediately appoint a committee to start discussing the conflict between the City of Coral Cables and the City of Miami in regards to the corridor that is going to be used for the rapid transit on Douglas Road. I wish you would go ahead, Mr, Plummer; Mr. Mayor, you aPPoint Me to so many committees, we have already met the first time this Monday at 2 o'clock, and Mr. Crouch, Joe mc Manus, Mayor Knight, John Dyer and a group of people from the mass transportation. We laid everything on top and we are going from there. We have met Sir, SEP 2 5 1975 lit t leN r i; BOARD APPEAR. NC or LL. MPLOYtE ORbUPs 186 APF1RMAttVt ACTION ADVISORY OARD DISCUSSION OP INPUT TO 13OARI tc). FRO'. Mayor Verret We are en item 11 which is the establishment of the City cif Miami Affirmative Action Advisory i3oatd. We all have the nemotandum before us. is it acceptable to the C o nttiissloti? Mr. Andretist t think the employee orgatiitatit r s want to speak to that3 the formulation of that committee, Mayor 1 etre : Who wants to speak? Do you knout what memorandum toe ate talking about? Who watts to speak as to the memorandum of the Manager r regarding his tecoi.tiendation on the Affirmative Action, 'thereupon the Manager read the following portion of a memorandum: tIrY OF t IAMI, FLORIbA INTER -OFFICE tMlEMOP.ANtUM Honorable Members of The City Commission Att P. W. Andrews City Manager OAT E: AUG 2 27975 susi_cr Affirmative Action Advisory Board REFE.RENC_S: ENCLOSURES: The City Administration is responding to the City Commission's Motion No. 75-727 which establishes procedures for an Affirmative Action Pro- gram. Of immediate concern is Item No. 4 embodied in Motion No. 75-727 which provides for the establishment of an Advisory Board. It is recog- nized that the Advisory Board will have an important function in developing and carrying out an Affirmative Action Program for the City. Recornrnen dations are advanced to the City Commission for appointments to the Advisory Board, however, the confirmation_ of such Board will take place at the Meeting of September 4. Therefore, the requirernent listed in Item No. 14 of the Commission's Motion will be acted upon immediately after the City Commission impanels the Board. The City Manager recomrnends that the Affirmative Action Advisory Board be composed of nine members as follows: 5 Appointed by the City Commission. The Executive Secretary to the Civil Service Board. (This would provide for the entire Civil Service Board to becorne involved in the Affirmative Action process.) Employee select.ed_from the uniforrned Civil. Service, i. e. , Police and Fire. Employee selected from employees other than uni- formed fire and police officers. The two individuals who would be selected from the City Service :;houlcl be other than employees organi- fation officers and/or ;;hould not be members of the Civil Service Board, tity 1Vir?ftag&'r a.pp` ititue rrlie t;it r MatYagor Would identity orttj t epo.ttt ettt -x 1t hector to serves on the A tFitthetine Action �CIEr1 fOI` t;oC`? ttl; thereby tytotit'dtt t[tC' t/. o y Iin> >'C� t:'tt11 t;z ► y _sytr� ant expei iet�tce of Li`,he d:ycl to�: t ay i bp` ra.tt.tla Ve juir ertentss Mt, Andtewe : That would constitute a 9-tnettber board. The City Commission has really 3 choices as t see it and I would like to elaborate on them, (1) is to select only 5 members that would be members, one member from each member of the Cbtitnission and let every agency of the City torus in on that board to explain whatever prbbletts or concerns and let them report, I personally have gotten information from a city in Tennessee that has gotte through the same processes that we are going through and they have ended up with a committee of some 26 people and apparently it operates well there and for other reasons, it bray not operate well here so the Commission has to decide the 9 t have recommended or an expanded board. Mayor Ferret Lets listen to the speakers. Mr. Salerno: 1 am Charles Salerno speaking on behalf of Ken Harrison, President of the Fraternal Order of Police. There are 2 points I would like to voice our objections to. #1 - the employee selected from the uniform civil service, i.e. police or fire which to us means there will be either one police or one fire but not both. 112 - the point which eliminates organizational offices from this committee. I would like to point out 2 things. first of all going back to when we had the consent decree in the Cohen case, we were told at that time, the organizations were by the administration and the Commission that we would be not left out of any future such negotations, should they come up, that we would be involved in them. This would eliminate our participation at the city level. 112 - to refer to aletter received by Ken Harrison from the Department of Justice which says that the Fraternal Order of Police has been made a party defendant in this issue in order to assure compliance by your organization with any relief which is deemed necessary. Your organization will be joined in any ensuing litigation as appropriat party for purposes of release in contested litigation or any consent order which may be entered. I feel that since we are a party to this thing, and we should be considered and have some input into the decree. We feel .that we are a part of this thing and we should be a part of the solution. Mr. Plummer: Mr. Salerno: represented. Mr. Plummer: are you saying it should be expanded to I police, 1 fire, 1 CEA, 1 sanitation, is that it? Do I understand you to say one fire and one police? I am saying that we should have the organizations Mr. Salerno: I am saying again the organization should be part organizations are defendants in just for my organization. I say that of it. I don't know if any of the other this case - we are. Mayor Ferret What he is saying is that his organization is also a defendant, He wants a voice on this committee, Mr. Naples; I am Gene Naples, president of the Miami Association of Firefighters. Basically we object for the same reasons that the police department does in that inasmuch as there is a provision in the managers recommendation that the_employee representative not be one of those members. The other thing is of course that we are currently involved in an Affirmative action program and a current register with the departme of labor through our international association and so therefore, we would certainly like to have our own representative on this affirmative action - Mayor Ferre; There is one difference, You are not named in the suit. Mr, Naples; That is true, nevertheless, we are involved in the program and we would like our own representation there, 3197 Rev.Gibson: Isn't it true you should have been involved its a program long befote now? Mr. Naples: We have been and We have the only progta at that has ever been put on. itev.Gibsont The reason for this action is that the city failed all these years to do that which was tight. Let's astute that you are not involved. The police Department was taken to Court. They are intimately involved so you don't have the same preponderence of evidence, not do you have the same hurt. What t think the 'Cot -Mission ought to be aware of is that if we are going to appoint a 5-member board, that we want to appoint a 5-member board that is going to have some strength to cote down and recomtnettd. So the people who are not in uniform tat make the sate argutnettt you are making. That is not true for the policemen because the policemen are party to the action. Isn't that your contention Mr. Naples: All I atn saying Father is that I don't intend'to have the police represent the fire service nor would t want to represent the police department. We would liketo have representation. Rev.Gibson: I hope all the people appointed, be they fire, or police or just civil service people, would represent what is best and what is good for the City of Miami. I could understand why I must bend over for the police because we took them to Court because the other people took them to court but I would hope that in all of our deliberations and what we are dealing with, that everybody would understand that the city ought to get about the business ofdoing that which is right, fair and equitable. I hope everybody who serves on a board from here on in will pay attention to that and it isn't necessary for us to have people because he was a fireman or this or that but we want you, all of you, to do that which is right and fair and keep us out of trouble. Mr. Naples: We feel we have been doing that and we took the initiative to instigate this program with the Labor Department and therefore we would certainly like to be represented. Mayor Ferre: Your statement is on the record. Mr. Holder: My name is Daniel Holder, I am with the Miami Advisory Committee on the Handicapped.I would like to point out that the 1973 rehabilitation act requires that the City of Miami has an Affirmative Action Program for the Handicapped. Many times, almost traditionally, the handicapped have been left out of legislation, affirmative action programs largely because there has not been the expertise on the special needs and abilities of the handicapped. There are separate requirements for the handicapped that do not pertain to the other minorities. These requirements are covered in the guidelines put out by the federal government. We feel as a Miami Advisory Committee that there should be an appointee to the Committee, not just an appointee this time but some method of assuring that the needs of the handicapped are :represented on the Affirmative Action Board. The Affirmative Action Office of the City of Miami has drawn up an Affirmative Action plan in which the provisions for the handicapped are far from adequate. The departments within the City of Miami have drawn up their own Affirmative Action plans and again, the needs of the handicapped are not adequate. When I say adequate I am talking about whether they meet the legal requirements of the rehabilitation. The Advisory Committee would like to recommend that Lr. Michael Dunn who is a member of the committee, who is a psychologist and is a paraplegic be appointed to the committee. If this is not possible as an appointee on this round, we would like to recommend that an ex-officio position be created for a member of the City of Miami Advisory Board. Mayor Ferre: Thank you Mr. Holder. $EP 25197 Mr. SMith My tame is Will At Smith, vita president of the Sanitation Employees Astotiatioft, We feel that we are not getting our just due, We have beet tut out by affirmative action on a department level and tie ate tot evert being able to have representation on this advisory group. We feel that we need this representation in order to deal with the problems as they exist today. As of today, we are somewhere at the bottom of the toteth pole sitd tie need that representation, Mayor Pierre: My opiniott is we, ought to appoint a 5=1fiatt city of miami committee, let theta trestle with this problem and let them take testitaotty and find out how many groups and how rnatty tnittority groups. 1 at goitig to tell you that an awful lot of people should be represented here and t at not about to stand up and tell Otte group that he shouldn't be represented twhett we are accepting semebody 'else. Let the committee wrestle with that, cofie back with recommendations atid theti we will tome up with a determination. Mt. Andrews: It my judgment, if you appoint a 5-member committee, and you charge that committee to form sub -committees of various- Mayor Ferre: No, no, not subcommittees, Let them come back here and tell us, this committee of ours, let them tell us what the City of Miami should do and let theta talk to all the employee groups, all the organizations, everybody else and let them tell us if fire, police, sanitation workers and right on down the line, the handicaOped and representation of this and that group. 1 see Emilio Lopez here and he is shaking his head. That means he wants the Puerto Ricans represented I think we ought to get our 5-member committee going. If you would permit me the preroggative of appointing a chairman and then let them come back - a temporary chairman and later on they can elect their own chairman. Rev.Gibson: The danger procedurally in that, I think we should appoint this 5-member committee and say to the 5-member committee. We know what the problem is and come back and make a recommendation. The problem of affirmative action is paramount to this City and we cannot afford any longer, the luxury of passing the buck. We want everybody to understand that once we get a 5-man committee, we expect some affirmative action and we want that message accross to the administration. Such a committee would look at the legal department and say you don't have no black folk nor Latins in that department, how come and why? In Public Works, they will say to Mr. Grimm, there are no black folk, no latins in that outfit, how come and why? In the Fire Department, they will say: X-number of people on this force, no black folk - ok? Do that with the police department. At that point they report to us and we have the responsibility of saying to the administration, ok, get along with the business. Mayor Ferre: I agree with what you said but there are 2 ways to approach this and I subscribe 100% to what you said but how do we approach it? Do we approach it by putting up a 5-man committee which is in my opinion the simplest way of solving this problem as of today or do we open up for discussion and I guarantee you it will be a 2-hour discussion as to who should have representation. I am not about to say, Gene Naples cannot have representation for his firefighters and to minorit grp*ps and I am not going to tell the Puerto Rican community that they are not going to have representation and the next thing you know is it won't be a 9-man committee. It will be a 20man committee or 20 women and men committee. That might be the way we have to go but before we make that decision here, I would like to ask some responsible members on the committee that are interested in this, completely go over and Study the project, and then come back into, with specific ways we think these are communities that should be represented, We ought to have so many handicapped, so many women, so many blacks, so many cubans, puerto ricans, so many other sub groups to come up with a total, Rev, Gibson: I will buy that as long as we understand that it is the way they are going to be reporting back. Mayor Ferre: As a matter of seniority, I will ask Mr, Plummer to make his appointment first, Mr. Plummier: Mr. Mayor, commenting oti what you said, there is precedent set for that because we did that with the youth Advisory Board. We appb kited SO malty attd theii expanded it later at a time when it was heeded. Mr Mayor, the man standing at the microphone has come to me with very high recommetdations. 11e is 24 year of age and resides ih the City of Miami. He is a member of the s.A.L.A.b. orgattitatibtt and t will proffer the name o;f Miue_Gonka_tet_, Patt4ti...es my represetttative ott the board. Rev. Gibson: I want to appoint Mt. bawkins. Mt-. Reboso. t will appoint Mr. Bill t'reixas, President of the Cuban American Jaycees. Mrs. Gordon: I will wait Mr. Mayor for you to appoint yours. Mayor Ferre: I will appoint Mr. Bruce Thompson. He needs to intro- duction. Ile is will known for his many civic activities. Mrs. Gordon: As you notice. I waited, I wanted to see if any women would be appointed and t haven't seen any yet. I would like to ask Mr. Holder a question. This letter you sent to me was interesting and the recommendation, yet you see what we are faced with. A board that doesn't comply with the affirmative action intent. Consequently may I ask you to come to the microphone and see if you might make a recommendation of a person sensitive to the needs of the handicapped who might be a female, Mr. Holder: I can certainly make a recommendation. I don't know about their availability. Mrs. Gordon: Then I will hold my appointment until later in the day and perhaps you can do some checking for me. Mayor Ferre: I want to make a point here. Mrs. Gordon: I am not saying that the others were not sensitive, I just want a woman, otherwise we are contrary to what we are establishing. Mayor Ferre: I don't want anybody to misunaerstand my position now. This is a problem that all minorities have to be conscious of. When you start saying you have to have blacks, cubans, they. Emilio Lopez gets upset because of the Puerto Ricans. You always come up with the Cubans but you never do anything for the Puerto Ricans and then you have to get the handicapped, women. It just happens to me- T am not black, but I happen to think that Bruce Thompson happens to be one of the most qualified individuals in this community. I wish you were a woman, but you are not. I don't wish you were handicapped but its just difficult for us to be able to fill- and I am sure that everybody here who has made an appointment feels the same way. I happen to think that Bruce Thompson is going to do a very exceptionally fine job, level headed, and he is going to serve his community well. Now everybody feels the same way. It just happens to turn out that there are no women. I would like to as a matter of fact like to point out that there are no Anglo-Saxons. So far we have appointed 2-Blacks and 2-Latins. I would like to point out that there are no Puerto Ricans. Emilio that is why I am convinced that we are going to have to make this a much larger committee, there is no other way. Lets have a little faith that these people can do their job. Mr. Naples: Mr, Mayor, can we have a list of those names? Who do they represent? I think most of these people are affiliated with one organizat- ion or another. Ia that true? Who do they represent? 40 SEP 2 5 1_975 Mayor t'erre Mr. 13r116e Thottlatft in this position represents me and he doesn't represent anybody else as far as t'm concerned because he is my appointment and t expect for him to be a free agent but he is representing me in that tie ittee. Mt. Maples: Well, cafe t ask then another way? Who is he affiliated with and what organisations Mayor Verret She'll give you all that inforiation. that will all be made... f don't happen to have all your curriculum...0 truce. I think it is a valid question. Ok. is there anything else? Mr. Andrews: ...Mr. Bessie Mc Crary wanted to speak when this matter was heard and he'll introduce the subject. Mayor Ferret Look, just so that nobody Misunderstands this is not the end of this. All we're doing now is we're appointing a 5 man committee to study and tome back with recotnrendations. Now, the point I'm trying to make, and I stand corrected. The point I'm trying to make is that the commission is going to have to to take the final decision and t'm telling you right now that 1 don't see any other way out of this other than the representation of all of the different Seg- ments that want to be represented. I'm asking this committee to meet and dis- cuss this and come back with recotnntendations to this commission. All we're really doing is putting off the decision making for one more month. Mr. Plummer: Well, Mr. Mayor, let's have it fully understood, and if I can what my thinking is and let's understand it - that this committee as appointed by this commission lacking the one that Mrs. Gordon will appoint this afternoon will not transact any business other than coming the recommendation back to this commission of what they think the expansion of that program would and must be. Then we either agree or disagree and then they go about the business of Affirmat- ive Action but they are not to transact any business having an edge over anyone else until they come back, and hopefully they'll be able to do it by the 9th of October, making their definite recommendations to this commission. Mayor Ferre: I make a comtrittment right now to the different segments in the community that are concerned including the Puerto Ricans, including the Fire and the Police and Sanitation that I am not, that I am for the expansion of this committee because it must include everybody in all segments. It must repres- ent women, it must represent the handicapped, it must represent the employees and the unions and I accept that. I am not against that. I just want for this committee to discuss and think over and come back with positive recommendations as to how tc best go about doing that because the one thing we don't want to do here I don't think is end up with a committee of 150 people. Mr:.. Gordon: ARe all people who are to be appointed, must they be residents of the City of Miami? Mi . Plume r: No, I don't think so at all. •iyor Ferre: Suppose there's an employee who isn't a resident? '1rs. ;onion: No, I'm not addressing that. I'm talking about the appointments of the commissioners and myself... I don't know whether they are or they aren't and I want to know how to follow the guidelines. May,' ferret I'll tell you the way I think it ought to be. I think it ought to be preferably from within the City of Miami but frankly I'll tell you I don't know oh,-rc Bruce Thompson lives. If he lives 10 blocks away from the city line I think he's .,ot enough quality... Mrs. Gcrdon; Thank you for the guideline. Rev. Gibson; Mr. Mayor, I want to express my point of view on that, The buck stops with the City of Miami. I'm not adverse to the 5 man committee now being appointed but I think that the people who are going to have to have the headaches and the heartaches are going to be the people that live in this city and I think that th3 exception would be with the Police and Fire since they are the working people and especially the police - they're involved, They're a part of the act- ion. Now the other people you know made a choice, Other people made a choice, You see? ... Yes, but while they're going to ke a part of the action it is also true that when you start suing,,, Sure. When you start suing you've got a different kettle of fish, Mr. Mayor, I am very troubled at people who don't live in the city limits and don't recognize the gravity of the problem are going to be telling no; something. IMAtbIttAt Maybr perte t The questtoh is how fat ahead of time... Vet, oh 'tuestic:l # 11. Mt have a 'ffehoratiddM that VAS**. All. right. The cluestioti as asked by Mrs, RUtAtths and i' think you'd better give your hated and address for the record, Mrs. ituts6n because that's the way we do it here. lab N.W. tth ttreetr Mrs. dames Hutsoh. All right, low the question is when were we asked to think about this and how lotgr have we haa? the answer to that is several tact ths. specifically the metorandum was received August 22th, I have personally inter= viewed about a dozen people and discussed this with my complete staff and the unanimous; recommendation was Mr. truce Thompsoh, Mrs. Gordon: Mr. Mayors may 1 cord eht since 1 believe that if necessary fot: clarification 'when dine comes to a meeting and sits here iin this cot thissiot one tt►ay cone here with sotle recommendations its inihdt tine may then fihd cat= tale information presented at the meeting which leads one to take another look at what one is thought before. t would like this cotnrissieh to know that I have three or four persons in mind that I could easily ttatee. The letter fromm Mr. Molder is a sensitive one and one worthy of consideration and because Of this and because of the kinds of persons, the wonderful people who have been appointed but hot fetnale those females that I have do not fit the sensitivity class of the handicapped, the female recommendations I might have trade as well as some persons that could be recommended and I'tn waiting to see whether or not I receive a recommendation superior to the one I already have in Mind. Mayor perre: I think since obviously, and it is no secret that Mrs. Hutson is a candidate for public office, I think in all fairness and as a clarificat- ion I want to say, and I have to say this out of all honesty and fairness, Mrs. Gordon has throughout the two years that I've served with her made except- ionally fine appointments to all the committees. They're well thought out, they're well reasoned, they're well balanced and I can attest personally to the sentiment expressed here that the reason here why she is not appointing at this moment is because she is reacting to the sensitivity of the situation recogniz- ing people that have been appointed and I'm sure she has well thought out her appointments because she does that very carefully. The fact that she hasn't appointed here is not a reflection of lack of interest on her part but rather sensitivity on her part and let the record stand very clear as far as I'm con- cerned. Mr. Andrews: Mr. Mayor and members of the commission, there is another clarificat- ion. I'm even surprised that you're reacting as fast as you are with appointments. That was not the purpose of this matter. I know you have but the purpose of this meeting was to establish composition of the board not necessarily appointments today - it was how to formulate the board. Mayor Ferre: And what I'm doing, what I'm trying to do is I'm trying to get a committee to help us think out what the composition should be so that the dialogue which is what we're going to be involved in will flow through this committee to us. I'm not saying that we want to swallow it and do the full question of chewing and digesting and the whole biological process but what I'm saying is that I think that I would welcome the input of a committee as we've outlined here. Is there anything else to come up on this subject? Mrs. Gordon: I have been furnished with the name of a person, Mr. Mayor, who is in a wheel chair, a polio victim, a handicapped person, a woman. I'm to get her address. Her name is Tamara Bibb and I would so offer her name as a fifth member and to furnish you with the rest of the information as soon as I receive it. Mr. Plummer; Mr. Mayor, I move at this time that all five names be accepted as constituting. Mayor Ferre; All right, there is a motion and a second, Under discussion, Jessie, do you want to talk to this point? Mr. Mc Crary: I made mention that that's not why I'm not here, Mayor Ferre; Well then if that's not What you're standing up to talk about is there anybody else that wants to talk on this item? If not call the roll on the motion, Mr, Southern. 42 251Q74 The Eollowig Otibh Ica§ ihtthduoed by List fiisai net PluMmer, Who Moved its adoption: MOTION NO. ' hm864 A #1N MOTION A bb11$ 'G M:EfbEEt To THE A?t't1 M1Vt ACr1oN AbV15b1t? EOAit1153 tipoh being seconded by Commissioner Aeboso, the Totioh was passed attd adopted by the following vote Ana Commissioner use Gordon Commissioner Manolo meboso ComMissionet thett.) Theodore Gibson Vice Mayor J. Plummer, Jr. Mayor Maurice A. Verte NbEs: Nohe. Mayor ?erre: Mrs. Hutson, would you stand up. I have hot done that. Mrs. Hutson, would you come up to the microphone so we can have all of this oh the record and you can bake your statement. 1 want to tell you that 1 in ho way questioned your integrity. The point is just very simply this, Mrs. Hutson. I have never had the pleasure of meeting you before today. Now I've net you today. Mrs. Hutson: I've been before the commission for a zoning but you can't remember that far back. Mayor Ferret Yes, well I have not heard you vocal on other matters that affect this community before these microphones. If I had I would have recognized you. Now, the fact is, ma'am, that it just happens to be that you are a candidate for public office. Now I would be remiss in my duty if I did not give the oppor-- tunity to Mrs. Gordon in clarifying her position as I gave it to you. Now you have the perfect right to address this commission. Now this is not a political forum. You are here as a citizen. I recognize that. We also have to recognize into the record that you are running for public office. Mrs. Miriam Hutson: Thank you. My only point sir, was that this is not a direct reflection on Mrs. Gordon. Mrs. Gordon: I didn't take it that way, Mrs.Hutson. I assure you I didn't. Mrs. Hutson: But to citizens sitting here in this, and I have been in this chamber before just as a listener, but my point is and it will only take one minute to say it; that when you sit out there for such a sensitive question it seemed that it was something that the way some of the points were brought up that it had not been given the long consideration and that maybe all of a sudden here were five people that, I don't want to go into detail except to say that my question as a citizen was - were you to appoint these five this quickly this morn- ing or had you been advised. Mayor Ferre: Well, I can't speak for anybody but myself but I've been looking to this now for several months and actively for the last three weeks. Mrs. Gordon: Well, I just want Mrs. Hutson to understand I don't resent your comments in no way at all consider them to have been political. The Mayor didn't and no one else did but I do think you were due an explanation and that's why I gave you the one I did. Mayor Ferre: All right, Mr. Mc Crary. Mr. Mc: Crary: Mr. Mayor and members of the commission, I'm Jessie Mc Crary, 3000 Biscayne Boulevard. Let me just open by saying this. Just seeing another exercise in futility established by the City of Miami's Commission we have the best Affirmative Action Team that we could ever have right here, The only thing we don't have here is somebody who is handicaPped. We've got a white Anglo-Saxon,' a Cuban, a Puerto Rican, a black and a woman, Now I don't know what all this is about. We're going on doing the same old thing - passing the buck. Everybody on this commission knows full well what the problem is, The whole concept of Affirmative Action meant at its inception that you didn't have black folk and all of the other identifiable minority groups it happens to be a catch-all now, What the commission has done today is once again pass the buck, That's not why I'm here but you ought to think about that and take the responsibility that is right fully yours, The people of this city I think elected you to carry out what needs to be done and to put the pressure where it belongs on the City Manager, on the department heads and not put this back on citizens, SEP 2 1975 Mayor tetse : Mr. Mc Crary, t' ll tell Item i haste to atiswet you beoause that is Something that you're i5tit castigating the ititeritthris of the fitte people Oh this con tssion including in Pm going to tell you that that's your opifit . That is hot my opihto'hi it is my purpose ih trying to achisve this to get proper ihput from cititehs who are affected and toho ate Much Mote khowledgeable oh the problem that 1 014 1 started oiit at the very hegihhiiig stating that this is not a matter of passing the buck, that the cCff issiof has to make a decision, that t aM hopeful that this cotmtiittee will cote back to this cottrfissioh wit iiit the next month and give us some positive input oh this matter and 1 further stated for those that are present here that 1 for one, one but of five here, oertaihly have no intentions of leaving any reeoghizable group Cr ttiinority mit of this ct►ittee. That includes the fire, the Police, Sanitation* Cubans, Puerto Ricah5, handicapped, women and the other groups. The question, however, and I'm trot going to wrestle with it today because it will take two hours, is 1 know right stow and tMilie Llopez, and I'm going to take my own people so we can get into it; the note= ent I appoint tmilio Llopez to a committee you know what isgoing tb happen. I'rn going to have 20 people from up there in my office telling the that why did 1 appoint him and t'M taking sides; that he only represents one side of the Puerto Rican community* that he cannot speak for the Puerto Rican community and that 1 must balance up the committee by appointing three other Puerto Ricans who repre- sent the other segment of the community which are ahtagonistic to his interests. Now, I am not about to start deciding which Puerto Ricans I'm going to put oh that committee right now. That's what we're faced with. Now the time is going to come when we're going to have to do that but I would like the advice and Con- sent and help of this five man group. Now you may not have that problem inthe black community. That's fine. tut let me tell you in the Puerto Rican community it exists. And I want Mr. Llopez who is here to tell me if I haven't put my finger right on the problem as far as our community is concerned. Do you under stand what the problem is? Mr. Mc Crary: Mr. Mayor, I can appreciate that and every commissioner here prob- ably would end up with the same problem. I'm saying that here is an elected body elected by them and we've got the best cross section here that we could have. I don't want to go any further because we will get all day. Let me tell you what I'm here about. Mr. Plummer: Jessie, let me make just one statement please in that area. You know don't for one minute conceive that the final action and the final authority is this commission. But in the same way that this commission can't go through hundreds of hours of hearings in the Zoning Board we have a Zoning Board. Why do we have the Civil Service Board? Why we have other boards in this community is that they are the ones who sift through and then come up with recommendations to this commission which at all times will make the final decision. And this is no more than one arm who will sift through all of this for us and come here and we agree and make the decision or we disagree and make another decision. So I don't think that it should be overlooked that this board is now constituted, will be nothing more than a recommending board to the commission who in all cases makes the final decision. Mt. Mc Crary: I don't want to argue that. Mayor Ferre: See, but I do. I do. See, for you to imply what you just implied is to tell this commission that we should disban the Zoning Board, the Planning Board, the Civil Service Board and every other board and make all the decisions ourselves without sifting... Mr. Mc Crary: Mr. Mayor, what I am saying to the commission is that we know what the problems are. We have known all along what the problems are and that's why we're faced with the lawsuit now. That's the same thing we've done all along. We sent out committees and say let's do some Affirmative Action, we come back and we're in a lawsuit. That's why we've got the problem with Revenue Sharing, Mayor Ferre: Look, what we are addressing right now is an Affirmative Action Committee, And all I'm trying to do is I'm trying to get an Affirmative Action Committee constituted that will fairly represent this community as mandated by the government. I'm telling you that I don't want to do that unilaterally, I want the help of others. And that's all we're talking about, And beyond that we've got an awful lot of things to do, Mr, Mc Crary: I understand and I'd just like to get along_ with what I'm talking about, The City of Miami at its sheeting with the Justice Department at the after- noon meeting that was chaired by Vice -Mayor Plummer upon my suggestion said that, and the Justice Department agreed, that whenever there were going to be any negot- iations as to the proposed Consent Order or Consent Decree _ the City of Miami 44 and the Justice bepartment that all parties would have the right to paftieipat- ibh. Sometime doting the heath of September, and I believe September Ath and Atilt members of this adtnihistratibh visited with the Justice Department The City Attorney, City Manager, Mr. Weston' Mr. Paulk and probably bbb oher, Mr. Parades, whatever. Now that's a shade of Watergate. it's like Ananias. It's being deceiving because the P.O.P. is involved ih this, the Community Police t3enevoleht Association is iiivoitPed in this and what the city is doing, and there are tumore aboard thy% that there is a tentative little agreement being circulated around the Police bepartnent. Now the city Once again has said it cannot fulfill the mandate of Ooheh. NOW we're faced with the Justice bepartr exit with the doss. ihiity of losing ttevetiue Sharing. but once again it is the deceiving king of thing and people are really tired of it. Nobody wants to give a solid answer. I doh't know whether you gehtletheh were aware that they were in (Washington but I'm aware and./ didn't know about it. We made the agreement with the 'dice Mayor sitt- ing there saying that We didn't want to hide information, we wanted to make it available to everybody concerned so that we could at least agree as gentlemen and not being hiding and doig the ttichard Nixon kind of thing. Mayor Ferret A11 right. I think the acusation is pretty strong. Would you want to give the Manager the opportunity to answer at this tiitte because l think the accusation of deception and Watergate is a pretty strong accusation. Mr. Mc Crary: That's what 1 meant. Mr. Andrews: There was certainly no intent whatsoever to hide any facts. This meeting was called to clarify positions for the purpose of having additional meetings here in Miami. Mr. Lloyd, Mr. Weston, Mr. Parades and Mr. Paulk arrived there on Sunday evening, had their meeting beginning at 10 O'Clock. I arrived at approximately 10:30. The meeting lasted for roughly two hours after I arrived there. Mr. Lloyd, Mr. Weston, Mr. Parades and Mr. Paulk continued the meeting the following day. I had to return that evening and I want to assure this com- mission and everyone present that the purpose of this was to clarify the city's position and the Treasury Department and the Justice Department's position with the intent that when further meetings were held here in Miami with everyone present, and nothing has been agreed to at this point, and the whole purpose of these meet- ings to be held in Miami and Mr. Lloyd has a letter that he has just received from the Treasury or Justice Department which now establishes the dates when they will be back here to continue the meetings to come to some conclusion in this total matter as to what if anything Miami will stipulate to. I want to assure you that we wouldn't do anything that would jeopardize the public input in all the parties who are interested in this as far as their input is concerned. Are we saying that everytime I need to collect information or I need to gather information that I'm going to have to do that with all the employees present and all the interested parties? Mayor Ferre: There has to be a distinction between if you were there for informat- ion purposes or whether you were there for negotiation purposes. Mr. Andrews: No, sir. We were there to gather information to come to understand- ings as to those areas that we're going to have to discuss here and that was the purpose of the meeting. 1.ev. Gibson: Mr. Mayor, I hate to be the devil's advocate but what I hear is not nice. What I hear is not nice. Whether you went there for information or for an agreement all of you should have got the same understanding, the same information at the same time. Now one thing I learned that if you don't deal open and above board, that's the one thing I like about these employees when they come here on that salary business. The first thing I ask them, "Were you involved?" And you know what happens when people are involved in making decisions they have the avil- ity to lose their tempers. Now I'm no fool. Jessie, if I were you I'd feel the same way because I happen to know that when the Bishop talks with me about the other clergymen and they're not there there's some things I may say to the Bishop that I wouldn't say if they were there - and I'm a clergyman. I don't think this administration is any different than that. Now I thought we got an understanding that whenever these issues were raised that you were going to, all of the parties, even all of the Police Department. The Police Department should be involved. Mr, Andrews, it is inexcusable that all of you could go to Washington. You didn't have to take them, you could have invited them and if they didn't have the money to go that's their problem. Mayor Ferre; I think the way to Solve that is that all these meetings should have to be held in Miami because otherwise there's no way you can get all these different groups to Washington. Rev. Gibson; Right, 45 HP 25 j9 Mr. Plummer: Mt. Mayor, may I clarify for the rtto d since Jettie 4'l.7ed lily haft just ekact.y Mhat the intent of that afternoon totting was and it was at Mt. Md Crary's suggestion that any and all deltiMUhidatibh whether it be letter orn1 or any kind of COMMUhitatibh that all parties would be made avail mile of thin cof nunication. Aid if t'M fiat Mistaken We lefty Andy, you were there) that wo left it that the Clerk, you were there 4obt that the Clark would be the disseminator of any and all information: that anything that we received from the Justice Department, copies would be aeftit to the administrates ion to gerry to all parties and anything that the administration sent to thashingis ton it would go through the clerk and he would furhieh everything to everybody. So 1 Suet wanted that point established that it vas the decision of that meeting and the final point was that at the recommendation of the Justice and Treaauryy Department that that fleeting be deferred for further action until such time as they had the right of this Communication to update their facts and figures. So this Was the outcome of that Meeting, Mrs Mayor, which you asked me to chair. Rev. Gibson: Mr. Mayor, you know all that we're talkihga about Affirmative Act, ioh is Of naught meaning of no value finless when you go to talk, 1 want Mr. Andrews to hear this and Mr. Parades: all of this Affirmative Action that We're talking about is of no value = mean of naught, ain't no good - finless the Affirmative Acts ion woman is involved. That's part of how you're going to solve the problem, She ought to be there so she could understand the tempo and tenure: of the meeting. Now if we don't want to go to that extent then what we ought to say to the court, court we can't carryout your mandate you come do it yourself. That ought to be. Mr. Plummer: Mr. Mayor, in fairness since I agreed chairing that committee I think it is only right at this time that the administration, Mr. Andrews in particularly, sit down and write a complete report of what transpired at that meeting, what dis- cussion took place, who was in attendance and everything that he can honestly remember that took place at that meeting through the Clerk and furnish a copy to all parties concerned. We can't excuse if it is to be excused the meeting but 1 think the inform- ation that he maybe was privileged to, the discussion, that it should be made avail- able to Mr. Mc Crary, to the Police, to the Fire, to everyone that has a concern. And I would say that it behooves the Manager to do that by Monday morning. Rev. Gibson: Mr. Mayor, I'm for what J. L. has said but I want to go even further. I would like to offer a motion or whatever you do up here(see you can tell I'm church oriented) that in the future as of this very moment no further discussion shall take place with the Justice Department or any other department relative to this matter unless the Police are there who are affected, and unless the Affirmative Action person is there who will be responsible and unless the people who went to court in that suit are there. At that point there is no possibility of any slipp- ing up. Now that's the motion. Mr. Plummer: Father, I will accept that amendment for that motion but I think we have to recognive the authority of the Justice Department and the Treasury Depart- ment if they initiate a meeting with a certain group that it doesn't create a problem. Rev. Gibson: We aren't talking about that. Let's say this: If they initiated ...11 you have to do is tell them what the policy of this commission has been and is and if they don't want these other people there that's their problem. Mayor Ferre: Wait a minute, let's not get apples and oranges mixed up. ONe thing is for Miss Jamieson and Mr. Padgett and the representatives of the federal govern- ment to come to Miami and call Mr. Jessie Mc Crary and say, "We want to talk to you and have a meeting with you and your people." They've got a right to do that and they may want to do that without my being there or anybody else being there and they may want to sit down with the F.O.P. or the P.B.A. and that's a completely separate thing. Now what you're talking about, what I understand very clearly is that we will have no meetings where we will be in any negotiating or discuss- ing this problem as far as the City of Miami is concerned without proper public notice to all of the parties concerned - all of the parties, not just the Police, the Fire and Sanitation and Civil Service.,, Mr. Plummer: Mr, Mayor, the way we did it at the meeting we asked all interested to register with the clerk and he could have a list of dissemination of materials, Mayor Ferre; And he has that list and what we will do now is that I think the motion is appropriate (1) that you put doen in writing to the best of your know, - ledge and the associates that went with you everything that went on, any discuss- ions, who was there, etc, (2) That the motion further carry,stipulates that the City of Miami or any of its agents or representatives will not meet for the purpose of negotiating any of these items that affect the employees of the City of Miami with the representatives from the federal government without prior notice to those w1'o ate affected and have given their names, is that the sense of the motion/ Kiev. dibsont Yes, sir. Mr. Mc Crary: Mr. Mayor,'we are hereby requesting since the Justice bepartmeht gage to all the interested parties a ftodel Consent becree, it was not the final one as I understood it they did say it was a working model, tie"re requesting from the city any proposals, any written proposals that they may have and as eon� trasted with that model proposal; That they have presented or is ih the making because.... Mayor Verret t mean you'd want to give them the opportunity to finalize.... Mr. Mc Crary: That's fine but I'm saying that hopefully they're going to be finalizing it sometime before the hearing and not finalized the day of the hear,- ing because then it doesn't give all of the interested parties that opportunity to have some input in it. And.... Mayor Verret I think that's a valid request. Mr. Plummer: Let's don't lose sight of another thing, Mr. Mayor. Jessie will readily stipulate that on the document that was presented it seemed like a lot of people took the opportunity to overlook the main sentence that was there and we established that point that this Consent Decree - as he said model, I said could be used for any city, U.S.A. and it was for discussion purposes only+. That was the case so what I'm also going to say Jessie, and I think you will readily admit also that one more meeting of this group is not going to accomplish the end or is it going to be the final because the Justice Department indicated to me that once we had at least one more meeting which could las one or two days they still were going to have to go back to draw up the final conclusion. Mr. Mc Crary: Mr. Plummer, you're correct. If the city, we can shorten that if the parties get together and come to some agreement as to what they can agree on. But if the city has one position, the F.O.P. has another, the P.B.A. here has another and that other P.g.A. has another then we're back in there for one big argument. Mr. Plummer: I understand. Mr. Mc Crary: And what I'm offering to the city in terms of the people that I represent, 1 am willing to talk to the city, re that model decree about what can we do about it as it relates to what has to be done with the Justice Depart- ment. Short of that if nobody wants to meet we're going to be back in litigat- ion again with the city paying attorney's fees. Mr. Plummer: Conversely, Jessie, I think it would behoove you or any of the other organizations who are going to make a proposal of what you feel is the model decree to give copies of that to the Manager. I;r. Mc Crary: Absolutely. Mr. Southern: Mr. Mayor, I'd like for these organizations that are interested in this information to give their names to me. As of yet, I haven't received any. Mr. Plummer: Well, you can do that, Mr. Hoot, but I think that the tape of that day would be very clear because I had each one of them stand up, state their name, their address and who they represented. Now if you want to do it again alright. Mr. Southern: I just think that perhaps we have some additional ones. Mr. Plummer: Well, I can tell you that there are some that are not here today who were at that meeting. Mr. Southern; Yes, I can get those, UNIDENTIFIED SPEAKER: I just wanted to make sure you had Sanitation Employees Association on there. Mayor Ferre; Yes, that's clear, Sanitation, Police, Firefighters, General mployees, we've got all the lists, Is there anything else on this item? SEP25 The following Motioft was ihtroduted by COMMitiSiOner Oibsbn, who MOVed it adoptioht MOTION N. 75-05 A MOTION OP INTUT THAT NO Mt/NO. WITH kt8PEC TO APPIAM., ATIVE ACTION IA Ht1.15 WITHOUT PHIOR NOTICt TO ALL CONCHPNEO Upoh being seeohded by COMMisSidner Plummer* the m�tiort was passed aid adopted by the following vote- =81 Commissioner Hose Gordon Commissioner Maholo Reboso COMMiSsioner (Atv.) Theodore Gibson Vice Mayor 4. L. Plummet* Jr. Mayor Maurice A. Perre NOtS! None. 19. PLAQUES,. CERTIFICATES or APPRECIATION AND SPECIAL ITEMS 1. Presentation of CoMMendation to Mrs. Sylvia K. Levin on behalf of her late husband, Nathaniel M. Levi. 2. Presentation of Commendation to Mrs. Mercedes Hernandez Amato of the staff of biario Las Americas, 3. Appearance of Jim Hayes, Chairman of the State of Florida Lions Club to sell a package of light bulbs to assist the blind. Mayor Ferre: Mr. Walter Jaresky, Delta Airlines has a presentation Mr. Walter Jaresky: Mr. Mayor and City Commission, December lst of this year will mark 30 years that Delta has had the opportunity ot serving Miami and South Florida. Miami and Dade County especially are important to us and will be in the future in our promotion and selling plans. Sometime ago we commissioned the noted impressionist artist, Jack Laycox to do a series of posters for Delta and the painting that he did for Miami. I have the original print#1, the Miami Lithograph which I'd like to present to you and through you and the commission to Miami and Dade County. Mayor Ferre: Thank you so much. NOTE: The City Commission adjourned at 1:00 P.M. and reconveined at 2:50 P.M. with all members of the commission present. ROUTING THROUGH FISHER ISLAND TO VIRGINIA KEY APPEARANCE OF CITY MANAGER OF MIAMI BEACH ETC. 20, SEWAGE FORCE MAIN DISCUSSION AND DEFERRAL. Mayor Ferre: We're going to take the Miami Beach item out of order. Excuse me, Frank, for not recognizing you before this time. What we're going to talk about here is a Miami Beach Sewage Force Main routing through Fisher Island to the Virginia Key Sewage Treatment Plant. Mr. Andrews; Mr. Mayor and members of the commission, I want to add a few comments before you hear from Mr. Spence and he'll introduce the rest of the individuals from Miami Beach. Approximately 9 months ago I had given administratively approval to the City of Miami Beach to use a certain routing from Miami Beach to the Virginia Key Treatment Plant and we have a map here to show what approval was given, Recog- nizing that some corridor has to be used that crosses from the south end of Mimi Beach across Fisher Island to Virginia Key to reach the treatment plant to make that connection the route that was proposed at that time was principally.", Mr, Plummer; Paul, can I cut through this for you? You approve this? Mr. Andrews; NOW wait a minute, it's changed now. The ground rules are all changed, Whet I approved I was certain would not meet with any objection by anyone in that it was mainly over water and then a real small connection to the site itself.S0 it con- stituted no real problem. I forsaw that this would not in any way place any kind of burden upon the city. Now from that point to today several things have occured and I'll let Mr, Spence explain to you. I've met with them but I'd prefer that he explain it to you and then we can discuss the action the City Commission will want to take, $P 251975 Mr. Crank tpeneet Thank you. Mr. Mayor. 1'1 Prank Spence, City Matrager of the City bt Miami beach. Pirat i ulah to introduce our �d;e delectation to to em of City City Coi ►i§Bidn. We Public our City A torney f i�{J,,oaeph W thk y� torMer' long tgi.ue�iCity Manager Morris 1iipp, public ork§ biret for ibhh tetgi acker, City thgihtet t teal k Aymonian, Bay Hart our Cohaultant arc presenting the cae for the City of ML&ti Beach, Mr. Garrett Sloan whom you know. 4r. Garrett Sloan Mr. Mayor, members of the commission,. I'd like to give you a quick report on our overall regional progress Of the wastewater treatment. Vera about three.quartera along the way with awarding the contracts On Virginia Key. We're up pat the $50,000r000 mark of contracte there and if you haven't 'seen a lot of heavy construction work recently in the way of thousands Of concrete pilings being driven and a big atea why take a visit to our plant site. Most pebple'ho are interested in construction will get a lift from that. The north district project. of course, is moving along and today at 2 O'Clock we took bids oh a sizable job there. Now Miami Beach has received a federal grant for their work and it will fulfill the obligation of the regional project They have a contract with the author' ity going back to around 1969, 70 for the former bepartment of Water and Sewers of the City of Miami to receive the sewage at Virginia ley for Miami Beach. The big accomplishment in this project will remove all of the raw sewage discharge into the Atlantic Ocean from the City of Miami Beach and it will of course be discharged at Virginia Key for treatment where we can give it a 90% removal treatment and then discharge it out in the Atlantic Ocean three and a half miles at 90 foot depth. The various contracts that allow us to do this are well underway. We're doing quite well with getting the 75% subsidy back from the federal governement to replace the funds we're spending. We've already gotten back about 41 million dollars and we feel we've got a good big program well in motion. The existing contract with the former City of Miami WAter and Sewers and now the Authority obligates us to assist the City of Miami Beach insofar as we can to helping them get an access through the north part of Virginia Key to tie into our existing treatment plant. The first access was the green line which you can see was primarily through Norris Cut but upon careful examination it was rejected by the federal people who put up 75% of the money because it was not the lowest cost. The red line is the lowest cost because it has the least amount of distance under water. When you lay pipe under water it is very expensive as to laying it on land. It is proposed to come down along the shoreline of a part of Virginia Key which we feel is rather remote and the pipe will be completely buried with 4 foot of cover. In other words there will be 4 foot of dirt on top of the pipe and when the job is finished we feel sure you will have no setback of any kind, that it will not be a detourent of any kind to the area. The consulting engineer and the Miami Beach people are agreeable to including in the contract the installation of a road, a roadway on top of the sewer force main so that the City of Miami will gain something that isn't there now and will be an improvement which can be tied into other improvements on Virginia Key in the future. We feel that this location being on the boundary line of the north end of Virginia Key will cause the least amount of disruption for any future use. As a matter of fact from a practical standpoint I can't see how it can cause any disruption because once it is on the ground with 4 foot of cover back from the shoreline it should be completely out of site and out of mind. Mr. Plummer: Garrett. Are you in concurrence, Mr. Andrews? Mr. Andrews: Yes, I am now now that they're willing to put the road in for us. Mr. plummer: And they're saving $640,000 of taxpayer's money? Mr. Mayor, I move that we approve it. Mr. Wanick, you don't have to justify a fee, do you? Put your name on the record, sir. Mayor Ferre: Well, we're honored to have all of you here. Rev. Gibson: You know every time everybody else wants relief they come to us. Nobody ever is as benevolent, Mr, City Manager of Miami Beach, nobody is ever as benevolent to us as they want us always, and insist and demand that we be to them, Ok? I want the Public Works Department representative to stand up and I want this in the record. Mr. Grimm, you heard what these people are saying? Mr. Grimm; Yes, Rev, Gibson; Is that the best solution for us, the City of Miami? Mr, Grimm; I don't know, Rev, Gibson; Well., if you don't know,., Mr, Mayor, I want to make sure everybody understands. I ain't ready to vote! Mr. Plummer: Now wait a minute, that kind Of puts me ih a heliatibus position. gather wait a minute, excuse me. His bogs.said yes and he don't know. That !Mahe he and his boss ain't talked, Rev. Gibson: Well, I'm going to make sure they've talked before... That's right. Mr. Plummer: All right, why don't we give them. Row long do you want, Mt. Andrews? Rev. Gibson: . . YOU know he has to study that. ... Mr. Plummer: bo you have to study it? Mr. Grimm: I'd like to, yes, sir. Mr. Plummer: t withdraw the motion. Rev. Gibson: Might. Let's start. Everytir►e there's an emergency they cote to us. Now We're going to protect the City of Miami - 1 am because 1 was born and raised in the City of Miami. Mr. Plummer: For Mr. Spence, is October 9th going to hurt you? It will? Alright, can you talk it out by tomorrow morning, Vince? Mr. Grimm: yes. Mr. Plummer: The Mayor has called a Special Commission Meeting for tomorrow morn. ing at 8 o'clock. Would you like to be here at 7:45? Rev. Gibson: J. L., I'm not going to agree to that. I want the Public Works Department to have ample time to study. Mr. Plummer: He said he could, Father. Vince, didn't you say you could by tomorrow morning? Mr. Grimm: We can sure try, yes. Rev. Gibson: I don't want no try. see, I am not going to no. want a Q.E.D. answer when you come. You Mr. Grimm: If I don't have an answer that I'm happy with by tomorrow I'll tell you that. Rev. Gibson: All right, I'll buy it that way and I want to make sure that you understand you reputation is on the line. Mr. Grimm: I do. Rev. Gibson: Ok. Mr. Plummer: See you at 7:45 in the morning. Mayor Ferre: No 7:45. We'11 take you up at 8 O'Clock. Mr. Plummer: Well ok. Let me just say one thing, Frank. Mr. Andrews, I'm assuming that this thing gets worked out this afternoon. It is necessary but for one person to be here. Am I correct? Right, they don't have to bring this contingent with them in the morning. You understand what I mean? If you get your problems worked out with Mr. Grimm and Mr. Andrews and it is concurred by Mr. Grimm that he will answer affirmatively that this isn't hurting the city then only one of you have to come back in the morning. Ok? We don't want history to repeat itself so soon. 5il • 61 . p umiNviu 8LRG `O CONSIDER APPLICATIONS LANS TRANSPtaR OF CERTIFICATES tgt. Webb: the City of Mimi P lice Impartment recommends that the following transfers of certificates be approved. Mr. Plummer All of those included in the mem i, sergeantt Sgt. Webb: Yes, sir. Mr. Plummer: 1 tt ove that all of them intiuded in the mefo be transferred as recoMMehded by the Police bepartiitent. Mayor Petrel Any objectors? Any objections? Des anybody want to speak Oh this item for or against it? The following resolution was introduced by Commnissioner Plummer, who moved its adoption: RESOLUTION NO. 75-866 A RESOLUTION GRANTING THE APPLICATIONS SET FORTH HER8IN FOR THE REPLACEMENT AND TRANSFER OF CERTIFICATES OF PUBLIC CON-- VENIENCE AND NECESSITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mr. Lloyd: You've actually passed the appropriate resolution granting those applications as specified by Sergeant Webb. Mr. Plummer: All right, the "B" portion of this is revocation of certificates. Sgt. Webb: That would have to wait to a different date. Mr. Plummer: You're withdrawing it at this time, we're deferring it? Sgt. Webb: Yes. That's in negotiations in the court at this time. Mr. Plummer: All right, I move that we defer the "B" itemuntilrecommended. Thereupon a motion to defer Item 15.1 (b) was introduced by Commissioner Plummer, seconded by Commissioner Reboso and passed by a unanimous vote. Mr. Andrews: Mr. Mayor and commissioners, I think this would be an appropriate time to indicate that as we described to you before that it is going to be nec- essary to increase the taxicab License Fees from $75 to $150 to cover the costs that we're bearing in this operation, Mr. Plummer: I don't think we have to explain the reason to you why do we? Mayor Ferre: Does anybody have any objection to that? Mr. Plummer; You have no objection? Mr. Mayor, I move the motion that it be increased to $150, The f011owirig motion was ntrodi ted by Col hittiarier plumMer, +rho moved its adopti ht MOTION NO. 75.86 A MOTION or IN ' TO tNattASS LICBNSB Ittt ICR TAXICASS TO $150.00 ptk YS. Upon being seconded by Commissioner Gibson, the mot on was pasted and adopted by the following vote AYES: Commissioner dose Cordon Commissioner Manolo Reboso Commissioner (1eV.) 'Theodore Gibson Vice Mayor 3. L. prier, Jr.. Mayor Maurice A. there NOES: gone. Mayor ?erre: is there anything else to come before us on the taxicab industry at this time? Mr. plutnrner: Yes. Mr. mayor, there was one iter. They approached me, and t'fit sure that this commission will be more than happy to go on record, Sergeant Webb will jump out of his uniform as usual. They have approached me, Mr. Mayor, about being allowed to participate in the Bi Centennial Year by putting the flag of the Bi-Centennial on each and everyone of their cabs. It would go I think on the front fender and I personally commend them for such a great thing by helping this city celebrate its Bi-Centennial birthday and I will make a motion if it is nec- essary that the cabs of the City of Miami, we proudly allow them to display the Bi-Centennial Celebration. No, I'm not stipulating how big. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-868 A MOTION OF INTENT TO AUTHORIZE TAXICABS OPERATING IN THE CITY OF MIAMI TO DISPLAY BICENTENNIAL CELEBRATION PLACARDS. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- AYES: Commissioner hose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mr. Silber: Now the only thing I want to ask the commission, please, when you raised our fees that means we will still have a City of Miami Taxicab Detail? Mr. Plummer: Yes, sir. Rev. Gibson; I hope that's what it means. BI-CENTENNIAL PARK Mr., Anarpwc. ACCEPT PROPOSAL FOR SENSORY GARDEN AWARD BID TO M R. HARRISON WITH WAIVER OF INFORMALITIES we will 4-aYn u^ at 4-his our !;ecause -'e've ro of e' quite a few... Mayor Ferre: What's Judge Christie doing around here, I keep seeing him around? Mr. Andrews; He's part of Item 16 in that he represents one of the contractors from my understanding. That comes up with Stone. We can leave the aspect... Mayor Ferre; Irwin, what are you here on so we can take it up now? I see. Mr, Andrews; That's what we're going to discuss now. Mayor Fevre: All right, Let's get going. Get all of these people in here that are interested, M', Stone, everybody in here who is interested in AiCentennial Park. Let's 9Q, SEP 25197 AL 41 mr, Ahdrewst Mr. Mayer, you*11 recall that wheh we received bids the last time the bids we did receive exceeded our budget. The tomistioh authori2ed that those bids be rejected and hOW bids be received with adjustments in those bids and the assemblage of the bids ih a different way allying more cohtractors to bid the Work. We felt that we could save cohsiderable sumg of !Whey by the rebidding process. That's beeh accomplished, 1 will call upoh Mr. drimm to explain what has taker place ih the bidding process and the difterence ih the bide that we received last time and the bids that we have tow received and after his explahation is finished I would like Mr. Store to indicate that the design that was completed and the bids that we received will produce the kihd ot tieehtenhial Park that we had imagined that we would have at that Iodation, So Mr: drimm, will you explain what has taken place as fat as the bidding process is concerhed. Mr. Vince drimmt Mr. Mayor and members of the COMMittibh, you may remember that when you ratified our action to reject the bids you also placed two resitrictions on the rebidding. line is that we take stirs we include ih the bidding documehts the city's policy resolution regarding Miami first. Dade County second and State of Florida third. And secondly that because of the com;lexities of this contract that we have a brief prebiddihg conference so that if there were any questiohs involving the system that the city Was using that they could be brought out in time that we could make revisions as the result of these questions. That did happen and as a consequence we placed one adenda out Which added an additional item. In other words we lumped all of the electrical together. The first time we bid the project we had about 4 bidders and the low combination bid was about $4,421,000. The second time we got a combination of 22 different bidders and because they could bid on multiple items they submitted to us almost 50 bids. At the first go around we were elated. The sum of all the apparent low bidders, and there were different ones for each different item, amounted to a little over $3,000,000 and we thought that's wonderful, we've saved a million dollars. Well, then our problems began. One of the contractors, Mr. Marks who is here to represent called us and subse- quently wrote us a letter saying that he's made about a $900,000 error in his bid and requested that his bid be withdrawn. Well, when he did that and we went to the next low bidder our next low bidder was $2,000,000 and now our combined total adding all these items was a little over $4,000,000. Well, it still got compli- cated. When we looked around at all the bidders one of our contractors submitted a total bid but he did not submit a bid for each item which we said he should do. But his total bid was $3,473,000 which is almost a million below the first time and certainly close to a half a million below the combination of these items. So we were elated again. We said good we can waive that irregularity because that's within your authority and we can award him a bid for $3,473,000 but life wasn't that simple either because one of the items, Section (2) was for landscaping. Now in the proposal he said I'm not going to bid this item but in the information we requested to make up this item he filled out the nine pages. So when we added up the nine pages we saved another $73,000. ... We would have saved another $73,000. So now we're down to a total bid if we award 7 of the projects to M.R. JL.rrison and one to Gaston of $3,399,000. But out of courtesy to Mr. Harrison's outfit I called him on the phone and he says, "Uh huh." He's here to speak for himself, by the way. "I bid this as a total project and I'm not interested in part of a project." Well, we let one another simmer on these thoughts and that's kid of where we are right now. But so there is no confusion in the commission's mind my recommendation is, and I believe this is supported by Stone, that a con- tract be awarded for Sections 3 through 9 to M.R. Harrison in the aggregate amount of $3,044,039.54 and a contract be awarded to Gaston Landscaping for $355,607.49. Mrs. Gordon: There's only one part of your presentation that I didn't catch because my attention was called away and that was your total bid from one of the contractors was how much? Mr. Grimm: $3,473,000. Mrs, Gordon; And what happened to that? Mayor Ferre: It's still there, You'd better explain it over. Mrs, Gordon; Just that one part, Someone called my attention away. I don't need the whole thing, Mayor Ferre; Let me explain it, There is a bid by M.R. Harrison (open that thing tip because my memory is not that good) $3,473,000,00. Now, that is half a million dollars lower than what we had estimated, It is a good bid, Now, LH, Harrison says that they put in a total bid for Items 2 through 9, On the other hand there is Item where there is a difference between the bidders where Gaston is $73,000 lower than Pestonit, than Harrison, So what the administration is saying is,,, we,er 5,3u SEP 25197 there it a $14 o b difference between this group and that group oh tteM #2 NOW the administration says We will aetiept tteme 1 through g as submitted by Harrison, However, on tint 2 we want to tame the low bidder which is Gaston. tNow, Marrisoh then says, "too, because we submitted a total bid acid you either accept our total bid at reject nur total bid." Mrs. Gordon: t see. YOU filled ih the gaps, alright. Mayor Perre: bid t say it wrong? Mr. Plummer: Let me ask one question. Mayor Verret Well, you'd better come up and eiarify it for yourself tiow Mr. Plummer: bet Me ask one question of the Legal beparttttent. I always note with ihterest down at the bottottl of all proposals to bid, The Manager and the City Commission reserve the right to throw out all bids and rebid." Ate we still in that posture? Mr. Lloyd: Yes, Mr. Plummer: ok, I'm just asking. Mr. Lloyd: That means you can throw out the entire bid, not part of it. Mrs Plummer: I understand. Mr. Rod Overholt, president of M.R. Harrison: Incidently, we were the low bidder on the first go around which is neither here nor there maybe. Mayor Ferre: It is important because it shows consistency. Mr. Overholt: It shows that we are interested in this job at least and we bid this project as a total bid and did not bid the separate prices because we wanted to retain control over these items in the light of a very tight time schedule. Item 2, landscaping was not bid as a separate item any than any of the other bid items. We bid unit prices for landscaping as we were instructed at the pre -bid conference for the possibility that landscaping items could be added or deducted. We are $204,000 low on the combined bid and from an administrative standpoint you will only have to process paper work with one contract. While our bid may be tech- nically irregular we feel that it responds to the intent of the bidding documents. To say that we bid the landscaping separately because we bid some unit prices is erroneous, expedient and inappropriate. We strongly urge you to award this con- tract on the total bid presented which is obviously the way it was intended. I did not bring the lawyer here today, I've found that we don't build many buildings with lawyers but I think I've brought some common sense and I hope I can rely on yours. Mr. Plummer: Let me ask this while you're at the microphone. Where do you stand as far as Marks Brothers? That's withdrawn. Was that a part of your total bid or was that a separate bid individually? Mr. Overholt: No, I bid a combined; my bid covers all bid items. Marks Brothers was second bidder on the combined basis. Now that he has withdrawn his bid we are in fact about 5 or 6 hundred thousand dollars lower than the next bid. Mr. Plummer: But he was not a subcontractor to you? Mr. Overholt: No, he is not. Mr. Plummer; Ok, I just wanted to try to clarify. Mayor Ferre; I'm going to ask the attorney, we're getting into legal matters now and I'm not going to get caught in one of these things. We're heading for a law- suit around here and I want to make sure before we get any further down the pike I want the legal opinion of the City Attorney of the City of Miami because he came over to tell me something, Don't tell me, you tell the record, Mr. Lloyd; Mr, Mayor, honorable members of the commission, the difficulty with the city's proposal is that they are,.. Mayor Ferre; Not the city, you mean Mr, Grimm's proposal. Mr. Lloyd; Mr. Grimm's proposal, Yes, excuse me, Mr, Grimm's proposal is that 54S P 25197 this is not an acceptande of the bid as made, tt amounts legally in try opinion to a cauttter offer which would have to be accepted by Mr. Overholt th hems.f of the bidder, to this afoti its to where you have a counter Offer and theft another acceptance after the bid, a negotiating ptotess which is contrary to Sectib1 53 of the Charter which recital -es bid§ which could sub eot to to a lawsuit. So t think we are in the position legally of either having to adept as the lowest biddet the bid of the lowest bidder br to jeeting all bide. 4ayot Ferre: Or hattiliq Mr. Overholt for M. Ai 11arrit bn and Company accept the recoi endations of Grit which he already turned down. Now am t stating it right? Have you turned that offer denfh/ Mr, t terholt: We want the total project in order to control it. Mr. . Plummer: What is the difference/ HOW far apart are they Mayor Ferre: "14,000. Mr. Grimm: No, sir, $73,000. Mr. Lloyd: Wait a minute, please, Oohn. 1 want this answered. 1 want to know how much are we apart between Mr. Grimm and Mr. Overholt, Mr. Grimm: 1 also want the commission to understand because of Mr. Overholt's... Mr. Plummer: Can I get my answer? Mr. Grimm: I answered, $73,000. Mr. Plummer: Thank you, alright. What else do you want? Mr. Grimm: 1 want to say that Mr. Overholt's and my differences now is philosoph- ical. Mayor Ferre: Philosophical heck! It's $73,000. Mr. Grimm: Philosophical in favor of the City of Miami. Mr. Overholt: We're also $200,000 low too beyond that. Mayor Ferre: What you're saying as I understand it is Mr. Overholt is saying, "I bid the whole project, I was the low bidder by $200,000." and substantially lower than our estimate, "This is the second time I've bid it, I've been the low bidder on both occasions and I'm telling you that I take it all or I don't take any of it." Is that what you're saying? Mr. Overholt-: That's what I'm saying. Mayer Ferre: All right, so now in addition to that I hear the Law Department, Mr. :oyd say that legally we are bound either accept or reject it. Now, let's hear frctour learned colleague and counselor here. Mr. Irwin Christie: Distinguished Mayor and City Commissioners, my name is Irwin Christie and I practice law at 9210 Bird Road. I represent Gaston Landscaping Co. .d I will only say a very few words at this particular time. Mr. Grimm, the head of your department and the architect involved here has emminently interpreted the proposal that was submitted and they are emminently correct their recommendation. What I'm telling you is your staff is correct. While it may be it was never intended to be in itemized bid very clear on your proposal that the pages 1 through 9 which specifies the unit prices that must be supplied as to this particular section, the landscaping and which is over 9 pages says right then and there that this is a bid for Section 2. So what we're saying to you is we are the low bidder, We are sav- ing the city under our bid $73,000. I think that there is no question that the recommendation of the department must be carried forth. We can go on and on it but it is as simple as all that. Mayor Ferre; Judge, let me ask you a question. Now, and I wish you were sitting up here. Mr. Christie: I wish I was too. Mayor. Ferre: Mr, Overholt representing M. R. Harrison says, as I heard it, that he hid the whole project and he wants the whole project or it is all to be thrown out, Now, what happens if we say ok, we're going to go ahead and accept Item 2 55 S P25197 and Offer the rest to hint he could either take US tO Mitt on this, fotitte Ut to take the Whole thing or Walk at from it and thth mtiVe got to gt) out and rebid it again, Mr, christie: I don't necessarily want tb judge whtthet he can do exactly what he thihks he does but t khOW that this member of this OOMMietittift, of at leatt the cofffnissioners Mayor, ate nOt afraid of any laMtuitt that May be allegedly fiiedYou're all interested ih doing mhat it right, (tNAUbIbtt) Well, I cah't give you an opihioh Oh that, 1 didn't read the bond stipulation that Was obviously put up. 1 think the bidrequired certain bonding obligation§ and I think your eminently qualified attorney would be Able to say whether or not he can Walk away-4 I think Mrriton has made a bid, he has bid oh a, there ate two parts, He has bid •Oh all sections as a total and he also bid On SeCtion 2, is $73,000 higher than my client's hid. It it the best bid, ie8 the bid that's been recommended by the department and we think we are entitled to it. Rev, Gibson: Gentleffien, ate you saying to the if there is a reputable firm that says for the total bid I want "X" number of dollars regardless. Now what 2 think hear, and I hope this is not what 1 heard, once you start bidding - incidently I've built a couple of churches once you start !Adding and everybody peeks my hand(you wouldn't think that's the way you play cards) then you know what to do. / think that this commission ought to give to total bid to that man because that's what's going to happen. We want the total thing, Why in the world are we going to separate and give some piece to another? The nan says that I have control if I have the total contract and the total contract is let. Mr. Christie:' May / answer that, Reverend? Very simple, and Mr. Grimm told you that in the beginning and that's the reason why you all went out for second bidding on it. When you got a total bidding I think it was a million something higher than when you got on a second bidding. And your porposals which were made up by your staff, and I assume by your legal department and I assume with the consent of this commission stated that the items should be individually bid - stated that. It is right here, sir. It's right in this proposal and all these people that made bids agreed upon by this city's representation, sir, the facts and the standards and the law that you set down. And that's why these people submitted individual bids. Rev. Gibson: But isn't it also true that if the subcontractors who bid it are a part of the Harrison outfit and the total figure is still le!;s, what do you want us to do? Mr. Christie: No, sir, the total figure; the figure for the landscaping which we're involved in is $73,000 less for...and then as to the second party whoever that may be, I assume it's that gnetleman, we're still $15,000 less than him. So either.... Mayor Ferre: Wait a moment. Your finish your statement and then I'll recognize you after he's finished. Are you finished, Judge? Mr. Christie: Yes, 1 am. Ferre: All right. There is a very important point here and let's make sure we understand and counselor you'd better listen now because there is an important crux here and here's the way 1 see it. It all depends what the bid document says. If the bid document says that these bidders are to bid this separately that means then that we can accept or reject the bids separately. Now does that bid document say that? Because if that bid document says that then that means that we have the authority to accept or reject the bids as submitted to the best interest of the City of Miami. Rod, what does the bid document say? Now if it doesn't say that then I think.... Mr.'Overholt: The bid documents say part of that but I want to make it clear, and I don't think it is clear yet and maybe you can't get it clear until you look at the proposal, and I'm confident that I could go over this proposal with each one of you and convince you that I did not bid the landscaping as a separate bid. I said "No bid" in the bid. And therefore, I'm not bound by this unit price schedule which incidel:rly, we did not total. We bid the unit prices. The city totaled them and said it was a bid. This is a constructed item. It is contrived and 1 resent it. Mayor Ferre; Ok, I think I understand your position, Rev. Gibson: Mr. Mayor, in view of the fact that the man has explained, and think either wore going to dO right or wrong or one, I'M prepared to offer M. R. Harrison's name for the contract, 56 sEp 2 5 1975 t Mayor Porte: All righ'c. wt haVe a Metier: bh the floor that this total centratt be awarded to M. II, ftattiton, Mt. PluMMer: Mr. Maybri I'M going t6 tell you Settitthing quite frankly here. Mayor Ferro: Wait, let's set ifwe havt a second On it. IS there aSetehd? Mr, PluMmeri I'M not going to second Until t gtt my question. Mayor Porte: Ali right then, you go ahead and ask your question. Mt. Flutter: Mr, Mayor, tiffi lam; to tell you something. t'm a funeral director. Ilm looking to you, t"t looking t6 Maft616 end t'M looking te the City Manager for adVice, t don't khow how these contracts work.. t really den't, YOU deal in this eVery day. If you don't want t6 answer it, come to Mt1 tioydtim going t6 admit 1 don't deal in this, Mayor Ferro: I'M going to give you my opinion and 1 already have given you my opinion. My opinion is it all. depends what the bid document says. tt the bid document says that this is the way it cah be done then it can be dohe that way, If the bid document doesn't say that then it can't be done that way. Now the City Attorney has to make that decision and then we have to be guided by what the law says. Mr. Lloyd: The basis of awarding the contract says as follows: (But please, I'd appreciate if you'd listen to this carefully and then let me explain something else, where 1 come to my Opinion.) The City of Miami reserves the right to award a contract in any one or more bids, any one or more bidders whichever arrangement appears to the city to be the best advantage of the city. Now it clearly says that, However, in this proposal by M. R. Harrison where it's got Section 2, 3, 4 et and then adding up to a total. They did not bid, they definitely wrote down "no bid" on sections 2, 3, 4, 5, 6 which is the sections, 7, 8 and 9 and bid only on Alternate #1 and Alternate #2. There was a discounted bid, they put no bid on that one. So what I'm saying is what this amounts to; if they put down "no bid" on those things they're not bidding it so therefore, if we don't accept their bid as bidded it amounts to a counter offer. Mayor Ferre: That's right. I'll tell you from the way I understand what you're telling me is that legally since Harrison bid it in one way we can only accept it the way he bid it or reject it. Mr. Lloyd: That's what I'm saying. Mayor Ferre: Now, what we have to decide, as I see it unfortunately, is we either accept the M.R. Harrison bid or we reject it. Let's make sure we all understand what... Mr. Lloyd: There is one other thing... Mayor Ferre: Let's repeat it, let's make sure. M. R. Harrison said I won't bid aL this... Wait a moment, let's all talk together now. Listen together. M. R. Orison said I will not bid it this way, I won't bid it this way, I won't bid it this way. There is only way I'm going to bid it - through Alternate #1 and here's my bid. Now he happens to be the low bidder. Now, we can not at this juncture say look, you didn't bid at Alternate 4, 5, 6,or 7; now you go back and accept it Alternate 4, 5, 6, & 7. Now they have to accept Alternate 1 which is what he bid and he was low bidder or we don't accept it at all. We can't start changing the game... Mr. Lloyd: Now in the advertisement for bids I should call your attention to the fact that thit; was in the advertisement: "The City Commission reserves the right to waive any informality in any bid and the City Manager may reject any or all bids and readvertise," Mayor Ferre; Yes, but that goes back to the old thing - readvertising. Mr. Christie: May I make an observation? I don't believe....respect you heard what Mr. Grimm stated and the little history on this. That is the reason that the total bids in the first place were rejected is because they came in so high and they decided to break it down into individual bids, Now I'm reading from the second proposal in which my man is the low bidder and the sub title on page 4, and I want you to be alert to this, and it says, "Tn order to submit a total bid a bid must be submitted for each bid listed in the proposal, Now I'm telling you that that was the way it was sent 014 and I don't think in good conscience it can be disregarded, SEP 2 1975 Mayor Porte: Now coUnSelOt, hoW 65 you ahsWtr that Seel what Christie is saying is that in the instructiOns t6 the bid document it said for you t6 bid a total youlve got t6 bid each individual Abb. Mt. Christie: Th capt. Mt. Lloyd: That is at irregularity in the bid, Her', Gibson: Mr. Mayor. Pluttert"t hot eh architect and t't hot a busihessman but 1 tell you this 1 have a sense or right and wrohg. 1 can promise you that. No way in the world you could cObVihCe Me that if that bah from M. R. Harrison says that that bid...he is the lowest bidder* whether he bid itet of whether he bid 25 items we're getting the same deal and We're saving tohty1 waht to serve notice on everybody in this dity that 1 ain't about to change my tihd aid / offered the Motion that Harrison be given the bid. NOW this is foolish. Mayor Ferret All right, we have a motion, is there a Secohd? Is there a second to the motion? Mrs. Gordon: The only thing that troubles The is the legality. The morale of it is there.6. We're dealing with two separate things. Mr, Christie: May I make ah observation of it? The city asked subcontractors to bid. There are a number of sub contractors that cattle in at your request and what we're saying is if a general contractor tomes in and he has a total then the subcontractors have waisted their tiMe and their individual bids Mean nothihg. INAUDIBLE Mayor Ferre: Well, I go back to the point 1 agree with everybody, with Plummer and with Rose this is a legal matter that has to be determined legally. Mr. Plummer: Is it possible that the documents are different? Is that possible? Mr. Lloyd: No. I can tell you what you're facing. Mayor Ferre: Let me tell you the other moral aspect of it. The other moral aspect of it is this: I understand the moral that you've established here and what Rod was trying to tell us and I accept that. I see the moral of what he was trying to say - I bid the whole job, you give me the whole job, I'm the low bidder or you don't give it to me but you're not going to start cutting it apart. Now let me give you the other moral side of it. The other moral side is that we rejected some bids because they were too high. That was one reason. The second reason that we stated was that we wanted to give the opportunity for people to bid sections of it. Now would you tell me then how somebody like this company here from Fort Lauderdale... I'm sorry, wherever you're from. Al]. right. Baston wants to bid this job. Now they come in here and they put in their bid for this particular item and they happen to be $73,000 low. Now just because thLy're not part of a total package means that we're going to preclude them from hi ling into this thing. Now the dilemma is that they're following precisely w_lt you philosophically established last time around which was let's chop it up into small contracts, everybody bids it and we'll take it from there. Now the dilemma we're in is that Harrison chose not to bid it that way. He said T'm not going to bid it that way, I'm going to bid it all. And Harrison bid it all and he's the low bidder at this point. Mr. Ovorholt: It's just a question of whether you feel that you feel you can waive the irregularity and it is clear to me that you can. Now this is my opinion. The other thing is, Maurice, you say you want subcontractors to bid this j,o and you want widespread competition. The purpose of that is to get a lowor price. Isn't that right? Mayor Porn?: And to spread the work out. Ovorholt: What is the first priority? Mayor Poire: To get the lower price. And your point is well Made. We have a towel ;nice. You gave us $200,000 lower. That's why I say that there's a moral va1uo on '0001 sides of this thing and as far as I'm concerned it must be deter- minca tooatly. So you give us the legal interpretation and we'll make a deoision. Mr. Lloyi: You have two choices. Mr, Plummer; Yes, we can live or we can die, r.) SEP 2 5 1975 1 Mr. Lloyd: /sm. sorry but this is what 1 have to tell you. (1) 1 repeat my statortient that in the advettisitig it says the City ColtiMissioh teserves the tight to waive any itifot-tlality in any bid. You may consider- this ah ihforMality and Waive it, 'that's one choice•, and take a chalice that ohe of your subcotlttactots will sue you oh thc+ basis that it was tt c thtich of ah inforta 1 i ty. Mayor For re Which tneahs that We can give it t0 Harrison, All right. Rev, Gibson: Mr, Mayor, let Me make another observation. That even if you went to court and you got a decisieb against you certainly wouldn't have $ 2 sn, O00 agaihst the cite (od knows that's Mist coMMOh set -Ise, t still make my motion and I ask...s Mayor Terre: lather, let's let hits make his second... t1r. Lloyd: The other choice is to reject all bids and readvettise. Mayor Perre: Well, but Irwin, you and i sat here for 31 years and I don't tethettt= bet once even though you sometimes used to get all upset with some of the legal decisions of our learned counsel that was sitting down l.n that chair in those days, but. I don't ever remember this commission ever going against the advice of a counsel. Now what you're telling Us legally is that we have one of two choices. - we either waive the irregularity and award the contract to Harrison or rebid. Mr. Loyd: Yes, you cannot give part of the contract to Harrison especially when he doesn't want it and give it to a subcontractor. Mrs. Gordon: In that bid was the Sensory Park for the Blind a part of that bid? Is that in:Auded in that? Mr. Ed stone: In answer to your question, Commissioner Gordon, we had a budget item in thereof $20,000 ... One of the items that we take up with the commission once this decision is made is the fully expanded Sensory Garden and an increase in budget to accomodate that. Mrs. Gordon: But it was not in Mr. M. R. Harrison's bid, that's what you're tell- ing me? None of it was? Mr. Stone: No, $20,000 was included in the Harrison bid for the Sensory Garden. Mrs. Gordon: And the balance was not but if we got that bid then we would have the extra money to do it? Mr. Stone: We would have the moneys available within the total budget to execute the ontire garden. Mr. Reboso: Since now we have the legal opinion and the city is saving more than $200,000 I am ready to second the motion. •!av ,r !'erre: Is there anybody else that wants to speak on this item at this point? M:-. Gordon: I have to have an answer to another question before I vote and that is the additional moneys involved in the completion of the Sensory Park for the blind, whether M. R. Harrison has a figure for that, how much that figure is and etc, Mr. Andt:ews: i don't think he has a figure for that because that hasn't been presented. Mayor ; re: That has nothing to do with his bid. Mrs. l;or i>tt: Wt'11, it's a part and parcel in the development of the park. Mayor Forte: The answer to that as I understand is no he does not have the figures. Mr, Andrew:;: He doer; not have the figures but that is anticipated that it could b' 1 me I tided . :1 1 '. , 1 think 1 would like that presentation before this vote. '•tJ.. '. i t.tt'; You w,int the presentation of the Sensory Park before we vote, Mrs, (Jordon; Yes, 59 SEP 251975 Mayor Fei re: 1s that acceptable, tO the Mast oC tht' loth issicni? l haVe no objections to it even though 1 think it is eoi pietely itrtlevatit:, Mts. Gordon: We111 it's not relevaht,.the part Of the park. It pact of out cofu:ept of what we waht developed, Mayor %erre: 1 respect your opinion, Mts. GOtdbtt, We will heat now frottt,, a1td! I will hold back the voting on this; we already have a hbtian on the floor and a second and 1. will assume that this is part of diSOussi6h and 1 will waive... Mr. Edward bur'ii Stone: it. Mayor', Tethber`s of the cottthissioi, we'`tie had a nuttlber of meetings with Mrs, Gottdbt , hetbets of the parks and itecteatioh Staff and tepresentat ves of various groups of the handitapped, These plans have been reviewed in some detail and we also have a budget estimate for a revised and expanded Sensory Garden. have, you've got the model I think than s the place to start. We executed a model of it so that those who ate sightless could also get a sense of what the cotnponent parts of the garden ate, have, would you just explain that to the Mayor and the cotnffiissioh while you're right there. Dave: The people would come into the portion of the park and it's located.,. And that once they arrive into the park there's a various senses, taste and smell that would be associated in here. First of all they would experience a water feature, a water fall, a pond with aquatic plants. As they went around this railing here would have indications as to the type of plant material in braille . This would be a garden of the senses, a garden of the smell and this would be a garden of touch. Mrs. Gordon: Is there audio also in there? Dave: Yes. Mrs. Gordon: And how does that trigger? Is it by walking on it or what? How is the audio portion handled? Dave: In the beginning Max was indicating something in the nature of a tape recorder that they would handle. Mrs. Gordon: Yes, but how does it go about? Somebody steps on something and that makes it go? Dave: No, the sign here would incate the number to push.... Yes. There are much more elaborate systems than that but at this particular time it is relatively new and it would take a great deal of time to research them out and they seem to be fairly expensive. Mrs. Gordon: The conversion from this to something more elaborate at a future ti::,c, would that mean a lot of extra investment more than it would at the prelim- inary stages? ter,: : Nu, I think during the design we could program it so that that could go in at a future date and there would be very little disruption to the park. Mrs. Gordon: All right, I understand. Now what is your estimate that this com- plete park will cost? Mr. Stone: Eight thousand complete. Mrs. L,_xdon: Eight thousand and programmed into the bid was 20. Consequently, there is a $1,0,000 additional cost factor to be considered. Now the reason I asked for a Jiscussiun now is because of the attitude that M. R. Harrison has about doing everything or nothing and since this is an additional factor I would like to know whether, you know. How is this handled, Mr, Lloyd? Mr, Stone: if i may, Mr. Mayor, Mrs. Gordon; this commission has not yet approved tho plan for the Sensory Garden. With that approval we would prepare and with authorization to proceed We would prepare a contract document on which M, R. Harrison if indeed they are selected could Submit prices for the execution of tht' work. There are no contract documents prepared pending commission approval .0 tttr ,t:; pree;tted. Mrs, Gordan; But I heard something before that troubles me and you know when omeLhiit�l troub.Los me I'd rather it be on the air than not spoken, What troubles me was the statement, "We'll do everything or nothing." Now if they're not 60 SEP25197 interested in doing this additional work ot if it fact it goes out 'Et) bid Ahd somebody else gets it what happens their? beet the park have to go by the way* side ot what? T want to kht%4 This is a very important factor of this park development to me. Mayor Petro: We're getting off base. Mrs, Got•don: Maybe it's off base but it's on target, Mr, Overholt: The only thing I was saying was we bid it as a package and We want it to be awarded as a package, There Is bo problem with additional work or additional contracts or any of that, Mrs, Gordon: And suppose the low bidder oh the additional contract were not you, what happens then? Mr. Overholt: It wouldn't matter. Mayor. Ferret Sotttebody else would do the job. Mrs. Gordon: That was your point of contention though before that you,.., Mayor Ferret The point of contention is not that at a11I Ile said 1 have bid on these particular things, 1, 2, 3, 4,5 16,7, 8. 1 want that job all or nothing. Now you're talking about Item #15 which hasn't even been discussed. Once we approve Item 15 then it has to be designed and then it has to be bid, Mrs. Gordon: I understand that, Maurice, I'm a little bit acquainted with the business world. I understand that. I also heard a comment that they wanted to do the whole thing to provide the whole job. Mayor Ferre: The whole thing as bid. Mr. Overholt: As it presently stands. Mrs. Gordon: Well then, you know somebody else might come in. You have a $20,000 portion and they're going to get a $60,000 portion. How is that going to work? Tell me and I,ll understand and I'll be willing to vote. Mr. Andrews: May I assist? The way this has occured and time has passed, and I'll apply the same exact system that the city used through this project; assuming that this problem came up after this contract was awarded a week from now, ten days from now plans would have been finished for this element of the work. Those plans would have been submitted to the contractor if that portion of the work is significantly small enough in relation to the total jbb so it shouldn't go out for bids by itself, and it is in my judgement and what we're talking about. We're talking about $60,000 or $50,000 worth of work in relation to $3,400,000. It is minor in my judgement as we contract work. Now, if the contractor supplies us with a bid that's $100,000 and our estimate says it can be done for 60 we don't have to do that work through that contractor. We can do that through a separate contractor. Mr;. Gordon: All right, I understand it. I'm glad it's clarified. Mr. Mayor, an order of procedure, you wish to act on the motion that's on the table and then the motion on Cie acceptance of the plan? It would be my preference we accept the plan, if you don't mind, but you'd have to remove the motion from the table and put•it back again. t•'.iyor Ferro: All right, I will remove it if the maker of the motion is willing to 1.,-move (he motion and the seconder is willing to remove the second. Rev, t.i b:lon : I will remove the motion only for the purpose of getting that Plan .,.Iopted. Mayor Ferro: All tight, now we have a clear table and there is a motion on the floor by lto:;t' t.:ordon that the presentation of the Sensory Garden as submitted jusC t moment ago titled Phase TI. Mrs. .,or.ior:: )ne and two, in other words a total park plan, mayor Terre: Bo .iccepted as proposed. :1r_;. Gordon; Ok, that means a total park plan so there'll be no Misunderstanding as the—, S E P 2 5197 MayorPorte: t4o1 1 dot't want to vbte oh the total park piatt because tiVe got tote questions f want to ask and that's going to take about 15-20 thihiltes and it's got nothing to do with this bid. Mrs Gordon: All tight, but what we're saying ih affect is We're geeing for the whole ball of wax oh the Sensory Park, he5 stages, Right? Ok, Well We daii afford it if We ge further With what We're talking about a few mi ►utea ag6, Mayor Pere: I agree, and if we can't we'll find 00,000, The following motion was introduced by Cotttttiisssibner Oordah, who moved its adopt_ioh: MOTION No, 75.869 A MOTION ACCEPTING THE PROPOSAL FOR A TOTAL DESIGN PLAN FOR THE "SENSORY GARDEN FOR THE HANbtCAPPtD" IN EICEN'IEN,. VIAL PARK AS PRESENTEE BY EbWARb b. STONE, JR, AND ASSOC.. IA tS, Upon being seconded by Conttnissioner Plummer, the motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mayor Ferree Now Father Gibson moves and Manolo Reboso seconds that the low bid of M. R. Harrison be accepted with the waiver of the informalities. UNIDENTIFIED SPEAKER Mr. Mayor, before you finish your bid some of the other contractors have expressed desire to... Mayor Ferre: I'll listen to them. Mr. Mort Meirick (sp): Mr. Mayor, my name is Mort Meirick with P. J. Constructors. Now we had a pre -bid conference before this job was bid and Mr. Grimm explained it. Mayor Ferre: We have Senator Firestone here and I promise you as soon as this is over we will take up your very important item, our important item. I'll be right with you. Thank you. Mr. Meirick: Mr. Mayor, we had a pre -bid conference from all the general contractors and subcontractors who wanted to bid this job. At the pre -bid conference which Mr. Grimm explained when he first had the floor this point was brought up about sub- mitting a total bid. In order to submit a total bid a bid must be submitted for each bid listed in the proposal. Now there was questions brought up on the floor at that time at the meeting, other general contractors saying we just want to bid a lump sum package without bidding specific items and at the pre -bid conference it was definitely silted correct me if I'm wrong - it was definitely stated that a bid would not be al .wel on just a lump sum bid without bidding specific items in the bid. Now I'm sure there .are contractors that didn't bid this because of that light. Mr. Plummer: rs that what you're saying? Regardless of what we do we're going to court.. ... Mayor Vrrro: Wait a minute, that doesn't bother me - really it doesn't. We've bees to court !u ndi-ods and thousands of times. That doesn't bother me. What bother:: mr i:, that this city can't go around saying one thing and doing something rise. Wo can'' go around telling people in bid conferences that this is the way it is owing to be and it has to be this way and then a little bit later we turn around and say we're going to do something else, That's what I keep saying, this isn't Disney World, this is the City of Miami. Or is it? Mr. Jeirick; This is the point that I want to make, The point was clearly stated .end explained at the pre -bid conference. Now you talk about right and wrong, to me this: is a wrong for the people that wanted to bid the whole package as a lump sum deal. That's all I have to say for right now. Mr, Charles Davis: My name is Charles Davis, C,A, Davis Construction Company and I say the same thing that P,J, just said that we were told emphatically we had to break this up into Sections - we were not allowed to bid it as one lump sum, Thank you, 62 SEP 251975 Mayoi Potrlet Charlie:, what portion of this did you bid? Mr. bid 4 and 7 I believe, bid other sections but those are the one:, l wa:: low on at thit lime. Mayor Ferret bet the ask a question. Hi. Orittth, if the were to total all of these.. sub -contractors from 2 to 9 oh a separate basis, the total is four Tillioh. Mr, Grimmt $4, 021 , 532.00, Mayor Ferret M. R. Harrison's. Mr. GriMm: $3.,4730000., alMost $525,000 cheaper, Mayor Ferret You see, that's what We keep getting back to is that Harrison together is lower than all of the low bidders separately: NOW we can't all of a sudden, as 1 see the moral aspect of it, all of a sudden we're going to pick out one which is the landscape and say we're... If we do it there then we can do it to others. but on the other side, the moral aspect of it is that these bidders were told that there would be no lumping of the contract and that's exactly what we're doing now. Mr. Davis: T agree exactly with what you say, 1r. Mayor. There may have been a lower lump sutra figure if we'd been able to bid it that way. We don't know. Mayor Ferret Yes, but Charlie, the problem now is that the City of Miami is faced with this difficult decision. We're a half a million dollars low with the Harrison bid. Ok? And we're already three months behind schedule on a program. We've got the money in the bank. We want to get going with this thing. This is the second time around and this is serious. Mr. Davis: I sympathize with you but understand that we're ready to fight for our rights too. We feel that we were wrong. UNIDENTIFIED SPEAKER: Let me just make one observation. The reason why your staff, sir, recommended Gaston because in their interpretation there was a bid. It's not like the other. There was a bid. There was 9 pages of itemized bids, s) pages. :Mayor Ferre: I just remember that I have a conflict of interest in this particular item and can't vote. I'm only joking. tdr. Julio Pestonit: I'm Julio Pestonit from Pestonit Nursery and Landscape Co. Also we take this from the point of view of the park. This is the second time this come to bid. The first time I think I was a legitimate low bidder and L.—low bid in specific in this job on the strength. You take Gaston's price ,.ombine sprinkler and landscaping, they're $60,000 higher than I. That made part of the $500,000 difference on M.R. Harrison lower because I'm a subcontractor for M. R. Harrison then I've got the right too if it is a moral thing. I don't care it is two different sections. Before it was bid in one place and one package ..nd now it is split. Well, but M.R. Harrison didn't give any landscape price, gave a total lump sum. That's what I'm saying. Besides that I'm a local contractor in the City of Miami for the last 10 years. Mr. Mario My name is Mario with Gaston Landscape. I prepared the bid for Gaston Landscape and just before the bidding we had just finished compiling the entire bid, we called M. R. Harrison to bid with M. R, Harrison. Now t have no doubt that M. R. Harrison would have used our bid instead of Mr. Pestonit's bid because we were $15,000 lower than Pestonit. We were faced with a major decision. We could not bid both directly to the City and through M. R. Harrison because of the one proposal rule in the special provisions. The city had also said that lump sum contracts would not be awarded and that contracts by sections would be awarded. Now this was in the specs, it came up in the meet- ing. We chose not to bid with M.R. Harrison becauseWefelt that adding M.R. Harrison's overhead to my bid might makd us higher than another person who was bidding directly to the city. I chose to bid directly to the city. The M. R. Harrison has a way of getting a total bid and that is through the discount at the' tend of the proposal. Now, how can you tell me that I have bid according to every rule in the proposal in this entire book of specifications right here, three wec. s to put this thing together and after following every rule in here how do you tell me that being $73,000 cheaper than M, R. Harrison and $1.5,000 cheaper than t'ostonit Hyrsery I don't get the job? how could you tell. me that? Are you telling me not to,.,, • 6 Mayor ?erne: I ittt hot telling you that4 M. Rs Hat rise tt as telling you that. Mario: Well, 1 woitidh't I1ihd working tot M fit, fAfritoh, I wouldh't florid fiAor iffg for the city. ss.. Mayor Perrot If you'd giveh Hatrisoh the bid theft you would have beets the 1 twest bidder with HattiSt and you would have beep hetes Mario: if Harrison had played the gate by the role§ then there would have beeh ho probient and if you did not waivet the irregularity ih his bid everything ootild be done by the rules and we'd avoid a lawsuit and everyth hg elses Mayor Perrot I thihk we've hard this thing hlw, we've heard both sides and there is a totioh on the floor and a second. • Is there further discussion eh this notion The following t►iotioh was introduced by Commissioner Gibson, who moved its addptioh: MOTION NO. 75870 A MOTION ACCEPTING THE BID RECEIVED SEPTEMBER 22, 1975 FROM M. R. HARRISON CONSTRUCTION CORPORATION I'OR BID PROPOSAL SECTIONS 2 THRU 9 IN THE AMOUNT OF $3, 473, 000, 00 FoR THE BICENTENNIAL PARK - PHASE II 1975 (COMBINEb PROJECTS NO. 3 & 4 - UTILITIES, SITE DEVELOPMENT, LANDSCAPING & IRRIGAT- ION) - 2ND BIDDING; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFF/CIALS TO EXECUTE A CONTRACT WITH SAID FIRM; FUNDS ALLOCATED FOR THIS PURPOSE FROM PUBLIC PARKS & RECREATIONAL FACILITIES BOND FtJND. Upon being seconded by Commissioner Reboso, the Motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mr. Plummer: Based on the legal opinion which this supposedly resolves down to and based upon the legal opinion of the City Attorney I will vote yes. Mr. Reboso: I was under the impression that this was divided in sections but since the City Attorney says that we only have two choices, accept the bid of Mr. Harrison or reject the total bids I vote yes with the motion. Rev. Gibson: Mr. Mayor, based on the fact that the city is going to save :2 0,000 as thy' lowest bid in this business I'm going to vote for it. '•'rs. Gordon: I'm going to vote for it and I'm voting for it with the full fi un,' 'rsta: tin , ':ghat the City Manager stated that the Sensory Park would be a pal.t of thy' r-gotiations with the M. R. Harrison firm in its total form, that is the total -1-nsory Park and if that's not the understanding then I... Mr. Androws: :t's not a negotiation first of all, Mrs. Gordon. Mrs. Gordon: I don't knov what you call it, you call it what you want to call it. Mr. Andrews; Well., let me describe it again and see if you don't agree with this because you agreed with it before and that is the plans for this will be completed. They will be submitted to M. R, Harrison. We will estimate how much we believe that should be constructed for in relation to all the other construct- ion that's going on in the park, Let's assume for the moment it is $40,000. If he supplies us with a bid of $80,000 we won't accept him doing the work, that same set of plans will be sent out to another contractor for public bidding to receive bids to clo that, Mrs. -Gordon: }Iow can you do that when a part of that Sensory Park is included in this overall bid, If you tell me that I'll understand you, Mr. Andrews; The Sensory Park is, there iS a cash allowance included in there for the sensory Park, We'd eliminate the cash allowance from the cont'act(and 64 S P2 1975 someone correct the if I have the wtong iMpreasion of thit), Mt. PluMMer: Rose, it would be just like if after the patk Were finiShed yOU decided to put a swiMMing pool it it a separate iteM, Mrs. Gordon: But it AtdreWs assured me that if they Were ih lihe with the park plannet's estiMatt that there is ho further delays, I dtalit Wart this thing delayed. 1 Want this thing to move forward and opened up for the Dia, Centenhial. TFier I'll mote yet. Mayor Ferre: tell you this is really ehe of the toughest votes that I've had in a long time. 1°11 tell you what is bothering Me, 1 mean obviously it is already passed because there's four votes, Let me tell you what bothers me about this, John Lloyd is right as 1 understand his legal interpretation betaUse he's saying that we haVe either to accept Rarrison's bid or reject it and rebid it, Those are the two alternatives. RoweVer, there is another aspect to this. The other aspect is the will cl this cOMMististal as construed and as part of the Minutes in which you were instructed to rebid this and to divide it into port- iohs. Now, in addition to that all of the bidders were instructed as to how to play the game and everybody played the game that way, Now, it just happens that expediency, and I understand there is a half a million dollars involved and I can't...and there isn't anybody that wants that park quicker than 1 do, the fact is that these biddets were told that they were not to put in a lump sum bid but rather they had to divide it... No? Mr. Andrews: Now let me say it and let Mr. Grit= reinforce it because I want to make sure 1 understand what he understands and if I'm wrong I don't mind admitting wrong. That's not what these documents say. Mayor Ferre: But that's the way they were instructed. Mr. Andrews: No, these gentlemen that have been coming up here have been say- ing that to you and you've heard it from three different people but what they're saying is not correct. Mr. Grimm did not tell them at the bidding conference. The documents are quite clear in that area and the documents speak to the fact that you must fill in everyone of these items if you want to be awarded the total bid and that is the area of the informality that you have waived. Mayor Ferre: All right, then I misunderstood and then I vote with the majority if that's the case. If it weren't the case then I'd vote no but if that's the case then I vote yes. Mrs. Gordon: And of course, our lawyer as we always take his advice he represents us legally, advised us of our choice. Mayor Ferre: Yes, but if the lawyer's advice is that way and on the other hand... that creates a separate problem. Now they weren't then I see it very clear and I vote yes. ...I've got a question. We've got a $90,000, a $45,000 grant which we must match for a major statue. Now I understand you selected the location to place the statue. Where is it? .ve: This has been tentatively done with the sculptor by phone and he has had the plans obviously when we get down to the precise selection... Mayor Ferre: Now from what I see of the design of that thing it looks like an Arch de Triomp!1 except that it goes down. Now is that the location for that? Dave; ThaL's the one he has selected. Mayo). .i*rre: He selected? Dave: 1 mean in joint, he wanted a background of trees. He wanted it with some earth forms near by and that was one we agreed on, Mayor Ferro: None of us here are art critics or anything but you as an architect and your group I'm sure have a sensitivity and a feeling for all this. ARe you in agreement with the submission? Dave Yes, sir, Mayor Fort's: 00 you think it is a good piece of sculpture? Dave: That's a highly subjective thing, (35 SEP 25197 Mayor Petrel Of course ii in. I'M askifiq you your e b jcctivo obinioh4 Dater: 3 think it in a good piveo of scelpttittie, Mr. Mayor. To say that .t is My tavieri.te oi all tithe i would have to decline that. Mayot Verret I.t.'s hot a lkmty Moore and it's dertaihly not going, have: It's not a Catder or a Henry Moore or a Fioaate. Mayor Ferret t It's not going to be oh the front page of , ehi'tecttir& bi.;yes't? have! That's a very controversial area, Mt. Mayor. My Opinion is it is a good! it will be a credit to the park and a ctedit to the City of MieMi.. It is not going to be one of the great land ittarks of all tithe ih my personal judgement. Mrs. Gordon: Why can't we get one of the great land marks? Mayor Ferret For. $90,000 do you think we could get a great land (hark? Dave! The art world being what it is today I doubt it. I tell you what I think we all would be more happy with. Frankly, all we've seen today, Mr. Mayor, and Maybe I'm doing the sculpture and the sculptor a disservice by not saying this: We've seen only polaroid shots of a tnockette. What you'd really like to do is see a much larger model more or less in the sable environment. Mayor Ferre: Let me ask you this: This artist is a well-known artist, isn't he? Dave: He's highly regarded in the sense that he is a professor and teaches at Yale university and 1 don't happen to have long familiarity with his work, no, Mr. Mayor. Mayor Ferret Now there was a committee that selected him for Interama and others. Mrs. Lehman was on it and my wife and Mrs. Bassett and they selected the artist but not the art work obviously. Now what happens now with the National Endowment of the Arts? They've got to approve the artist. They get to approve the artist. Dave: I assume that that' been done. Mayor Ferre: Now that has been done. Now the question is does the National Endowment for the Arts also get to approve the work of art? I would doubt it. Dave: I would doubt it. I don't know the precise procedures, Mr. Mayor. Mayor Ferret That would be censorship. So in other words there is no procedure with the National Endowment for the ARts... The National Endowment for the Arts has accepted the work. In other words what you're saying is we're stuck, good or bad. Dave: I think you'll be proud of it. (INAUDIBLE) Commissioner, all I've seen is a photograph that size. Let me put it this way, if I had to write personally it; response to Mr. Plummer's commentary I'd like to see a full scale model of the thing before paesing judgement in the material. Mayor Ferret Let me put it to you this way. I think we have the right to accept or reject it. Dave: I do to{, and if I were.. Let me suggest this... Mayor 1•erre: t•ir. Andrews, I think we as a commission, elected commission have a moral responelbility on this thing. It isn't as that we're going to set ourselves up as art erit.ics but I think the artist ought to come down here and explain his art and tell us why it is such a great piece of sculpture. Dave: I think you've got the committee in existence that selected the artist, think they ought to review; we'd be happy to sit in with them. Mayor Ferret 1 think we ought to send it tack to the committee that selected the artist, let them review it and let them come here and justify it with the artist, Mr:;. C,o:,ion; I agree. Yes, let them Work it out. Mayor Ferret Would you ask them to do so then? 66 IMMI ulillul1111 Mts. Gordon: When will you have the plan ready for a sprovai, the aetual plat, the!. can be sut tti tted for bite. Mayer P ►-r': The Sensory Garden she`s talking abfaiit, M) : :,t on4 : I would #uess 6 to 8 Weeks Mi ;. Gordon: rih, my (Jed! Mt. Stone: bavid...airight, he11 say 4 Weeks, Mrs. Gordon: Weil, that sounds a little better. Ok, Mayor Porte: }tow are we doing With the cafe or whatever it is? What are We doing with the cafe? Is that movi1g along? Mr. Stone: It's been bid and will begin construction as soon est,. Mayor Ferre: And does that include the fans and the water faucets and everything? Mr. Stone: Do you want to discuss a problem at this moment, Mr. Mayor? Mayor Ferre: Yes. Mr. Stone: Apparently we're having some, I don't know whether - off the record, we have not heard any official response but we've heard that we're not going to get as many proposals as we might like for the operation of the restaurant, Mayor Ferre: How about Restaurant Associates, don't they want it? Mr. Stone: David, do you want to speak to that, you've got the most recent... Mayor Ferre: Restaurant Associates. Mr. Stone: The question was is the restaurant proceeding within the park. It is going to be built, assuming the contract is awarded. It is now out for proposals 1 guess from the private sectors from operators who may wish to operate it. We have had a little feed back at the professional consultant level that there may not be the enthusiasm among the operators that we might hope. Mayor Ferre: The question is does Restaurant Associates want to operate it? INAt1DIBLE Mayor Ferre: That's it. Mr. Andrews: The reason they're going to be interested in that, a little later I'm going to explain our first proposal as far as the call it boat tourist trans- portation that will be available from this point to Watson Island, the Miamarina and connecting those points up. tul:.r Ferre: ;11 right, then let's move ahead. Are there any other questions? If not, thank you very much. Mr. Pluruaer: Mr. Stone, that is still going to have a dedication on the First day of January, 1976? Mr. Stone; Yes, sir. It is not going to be as complete as we had hoped it was going to be. This delay in the bidding I'm afraid...but we will have the signif- icant eJrtions complete. SENAToR rIRESTONt 251 PtP8oNAL APPEARANCtl OISCUSSION OF ESTADLISHMNT OF Senator Fitestone! Mr, Mayor and theMbert Of the CorliMisibh, probably the priority issue for consideration by governtent ih the near future is that Ot the et6hOMY and / know that the legislature is pled ged to try and develop programs that Will stimulate the econotty for out state and certainly fot this area. 1 wanted to bring to your attention legislation which has just been introduced that 1 think can haVe a substantial impact on the greater Miami area. That's the enabling legislation oh the state level to provide for a Poreigh Trade 20he or what is sothetithes known as a Free Trade Zone. To give you ah example there ate tine of them that are presently located throughout the United States including New York, New Orleans, San Francisco, Seattle, Toled6, bhio, Mayaguez, Puerto Rico, Honolulu, Ray city, Michigan, Mc Allen, Texas, Applications have been granted in my judge.. Ment for such inappropriate places such as Kansas City, Kansas, Kahsas city, Migda. ouri, Little Rock, Arkansas, Soux St. Marie and so we have here ah area like Miami which certainly should be internationally oriented and yet these areas that are very very far removed from the international scene have gotten the jump on US* To give you an idea as to the economic impact of these Foreign Trade Zones, in Cologhe, Panama, the Foreign Trade Zone covers 97 acres of land. In 1953 which Was one year after its opening they were doing $14,000,000 annually. rive years later in 1957 $53,000,000 were moving through the free trade zone and now it is probably pretty close to a billion dollars that has cumulatively gone through that free trade zone employing thousands of people. There are potentially 192,000,000 customers for our products and for the goods and services in Latin America, They buy $9,000,000 worth of goods annually. The foreign trade zone in New Orleans services 123 bus- inesses. The Foreign Trade Zone in San Francisco provides services to 150 businesses. This could be a reality in the very very near future. I understand that you are to consider a resolution. Should you adopt it you would be the first governmental body in Florida to take an official action on this matter. Rev. Gibson: mr. Mayor, I have some concerns about this and so much so that would like right away to support this. I was privileged to go to Atlanta to see some of the things they were doing there - and God knows we'd better get about the business otherwise we're going to be out of the ball game. Sir, I want to thank you for coming and I hope you could fire up steam to help us to get this thing going because it's long overdue. Mayor Ferro: We have a motion and a second and I want to in speaking for it say that I don't know a more dedicated public servant that serves this community in Tallahassee than Senator George Firestone. I just want to thank you for your patience. You are a tenacious man and I think this community is very fortunate. You know a lot of people, they'll sit around and they'll do so much but then they won't. do beyond that and George Firestone is the kind of man who does a little bit more. He does beyond and this is indicative of it. You know you have an idea that ought to be on the front page of the newspaper. That's how important it is for our community. If we can get a free trade zone for the Miami area you have absolutely no idea the economic impact, the jobs that it will create for people in this community and God knows we need jobs. senator Fiiestone: Mr. Mayor, I do want to thank you for those remarks. I wish you'd made them before everybody left. I do want to point out for the record that this does allow for subzones so this is something that could behefit the Greater Miami Area, the Broward County Port Authority. Their port might involved in terms of their equipment but. I think it should be the Free Trade Zone of Miami. Thank you very much. Mr. I should read this resolution floor. (Thereupon the City Attorney read Mayor Ferre: I would like to add to that CAAmmorce for their pursuai. because it's being presented on the the resolution by title) that it also be sent to the Chamber of My. Plummer; Included in the resolution, Mr. Mayor, is to the Dade League of Cities of which Mrs. Gordon is now the representative and it would behoove her to carry it with her to the Dade League for presentation. Mayor Forte: Yes, but I'd like to add the Chamber of Commerce, Mr. Plummer: I said beyond that. Ne said that they have a man sitting at the Chamber meeting waiting for the call whether we approve it, disapprove it, 68 SEP 2519„75 The f iliewin j teselutibh Was introduoed by CbttMitSionet Gibson, who moved 3 t:s adoption RESOLUTION NO. 754f1 A REsoLUTI N MANXEEsTING THt SUPPOW Off' THt COMMItstoN or Tilt ciTY or MIAMI yolk TE ESTAttItHMtNT OP A PbkEIGW TRAbt tcNt tN THE GESAttR MIAMI AREA: REOVEttiN MSTROPOIt'tAfit bAbt; COUNTY ANb SUCH OWNER MtTROP iL1 'AN ONtRNMtNtt Cf NST1"1R iNG %Hi MtMEtil SH/P DE THt bAbt LtAdUt OP CITItt TO JOIN WITH THE CITY OE MIAMI ttt stt'PO1!t or tat tEtAttitHONt OE A t' REIdN 'titAbE 20'Nt IN THE GRRAk MIAMI AREA, (Here follows body of rest71ution, omitted here and oh file ih the Office of the City Clerks) Upon being seconded by Commissioner PlUMMer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (ReV.) Theodore Gibson Vice Mayor J. L. Plummer, Cr. Mayor Maurice A. Terre NOS: None. 224, CIVIL SERVICE RULE CHANGES- BRIEF DISCUSSION AND DEFERRAL TO LATER SAME MEETING Mayor Ferre: Is there anybody here on 16(a), (b), (c), (d), (e), (f), (g), (h) We're going to vote on them but is there any controversy or anybody want to talk for or against? Mr. Faulk: Mr. Mayor, there is no controversy on the ones you have on the agenda. I just wanted to advise the commission that about three weeks ago when the commis- sion last met and approved the ones that are on the agenda today they did request by resolution referring Rule V back to the Civil Service Board and that had to do with the oath. THe board rescinded that particular recommendation for a rule change and subsequently set forth another amendment to set the rule in position so that the oath would be back on applicants to sign prior to becoming employed. Without going into any further detail this was done through consultation with the Law Department. They supplied us with the necessary language to facilitate this. Mr. Plummer: Which one are you saying we removed? Mr. Faulk: Rule V, it isn't on your agenda. Mayor Ferre: All right, well then let's just keep on going because we can come back to these when we finish with the people's business.... 25, /\tiD,ORD,8025 - FIRE PROTECTION OF THE CODE - CHAPTER 17 AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 7431, AS AMENDED BY ORDINANCE NO. 8025, AS CODIFIED BY CHAPTER 17, FIRE PROTECTION, OF THE CODE OF THE CITY OF MIAMI; REPEALING SUBSECTION 17-194 (d) AND SUBSTI- TUTING THEREFOR A NEW SUBSECTION 17-194 (d); ENACTING RULES AND REGULATIONS FOR AUTOMOTIVE SELF-SERVICE GASO- LINE STATIONS; DEFININF SELF-SERVICE GASOLINE STATIONS; DEFINING SELF-SERVICE GASOLINE STATIONS; PROVIDING FOR APPROVAL OF DISPENSING DEVICES; PROVIDING FOR MANDATORY ATTENDANCE OF ATTENDANT; PROVIDING FOR REQUIREMENTS OF AN A'l"J.'ENDANT CONTROL AREA AND DISPENSING AREA; PRO- VIDING FOR REQUIREMENTS OF AN ATTENDANT CONTROL AREA AND DISPENSING AREA; PROVIDING FOR NECESSARY EQUIPMENT; PROVIDING FOR WARNING SIGNS IN ENGLISH AND SPANISH; PRO- VIDING FOR WARNING SIGNS IN ENGLISH AND SPANISH; PROVID- ING FOR FIRE CONTROL; PROVIDING FOR INSPECTIONS; AND BY FURTHER AMENDING CHAPTER 17, FIRE PROTECTION, BY AMENDING 69 $EP 251975 st VTIoN 17- M4 1 At Dtt4c THERETO A NEW SUE-stet/ON 7-194 (c) (0,) left Eft ktNtiMEER1M6 THE PREStNT t / 194 (c) 0), TES?1t O, To 17494 te) (S) ; PHO- Vi[1Nr PoR 1NsTALLATION O EMEMENCY SHt T=OPt VALVt IN t, ;MoP1 POMP/NO sYSTEMS4 mi&Pib=NG f b t ANNUAL INSPECTION OP EMERGENCYEMEROENCY tRUT$b; i VALVE PROVVAMG Vol CER'TIt'ICATIoN THAT INSPECTION WAS MADE ANb EY PUttTHtit AMENDING CHAPTER 17, VIRE PRO C' I t , EY ,tMENbfNG sECP O14 17-194 EY ADDING THERETO ETO A NEW sUESECTION 194 (e) (3) NY PT Vt0ING POR t1STALLATION OF AUTOMATIC HOSE RETRACTORS; AND F' ATtHER AMEND/NO CHAPTER 17, FIRE PRf T1C'ttbt4, EY AMENtit1G 174.19$., S©uf:Cts OF 1CNtT/b"N, PROVtbINO POlt WARNING SIGNS 1N ENGLISHH AND SPANISF1: PROVIDING 1OR TMCLUSION IN THE CITY CODE; REPEALING ALL Ottb1NANCES, CODE SECTIONS Oft PARTS fiit1REOP IN CONFLICT-, INSOPAtt AS THEY ARE IN CONFLICT: CONTAINING A 'SEVt✓RAEILIT•Y PROVISION; PURTHER PROVIDING AN EFFECTIVE BATE. was introduced by Commissioner Plumper 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 - AYES: Commissioner Rose Gordon Commissioner Rev. Theodore Gibson Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre. NOES: None. Whereupon the commission, on motion of Commissioner Plummer, seconded by Commissioner Gordon, adopted said ordinance by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner Rev. Theodore Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8445. The City Attorney read the ordinance into the record and announced that copies of the ordinance had been furnished to the commission and that copies were available to the public. 70 SEP 2s1a7s MR1 AARON ADIRIM DENIAL F ISSUANCE OF 6, PERSONAL ApPEARANcLI wAsTE COLLECTION LICENSE, HEARD AND D N#ED DYTHE CITY COMMISSION Mayt't Ferre. A11 tight, sit, Mt. Aaron Aditit, go ahead, Mr. Aaron Adirim: Ladies and gentlemen i was refused a license fot picking up garbage, and 1 comply with the law. it was my fault I didn't file a fictitious name act,- -Rev. Gibson: You didn't file what? Mr. Adirim:--fictitious name act, put it down there. Mr. Lloyd: i ' 11 explain that if anybody wants the to. tlnident i 1 ied person: Go ahead Mr. Lloyd, City Attorney: The fictitious name act requires anyone person who is in a proprietorship business rather than a corporation to using a name for his business other than his own name, to file in the circuit court under what is known as the fictitious name act. Unidentified person: He didn't do? Mr. Adirim: it is done now. Mayor Ferre: What is the administration's will on the recommendation Mr. Andrews: Based on the information I have been furnished, I cannot recommend to the City Commission that a license be issed based on the record of the individual applicant, and that information is in your books and can be viewed by the City Commission. Mayor Ferre: 1 have read it, is there further discussion on this item? Mr. Plummer: Taking the recommendation of the Manager, I move it b denied. Mr. Adirim: May 1 aay something? I got a letter from the City stating that the City Attorney recommended that I can get a license. We have a copy of it, my Attorney, Mitchell Goldman, could not be here today, ---- Mr. Lloyd: This was some time ago, and a lot of water has gone over the Liam since then, much has happened since then. Mr. Andrews: My I assist the City Attorney, recognizing the amount of paper ,.011: that flows through his office, I can't expect him to have knowledge of ovcry single latter, with every sentence, but there is a particular paragraph in Lhat letter, and 7 apologize that I don't have it here, that simply says that we cannot administratively issue such a license to him under these conditions th, : hearing must be held in view of past circumstances, and then a decision made by th, City Commission. Mayor Ferre: What do you want me to do? Mr, Plummer: You don't leave us any choice, I moved to deny based on the material furnished us here in the City Manager's documents, Mayor Ferre: Is there a second? Rev. Gibson: 1 second Mr, Adirim; What grounds are you denying it? Mr. Plummer; Sir, he has furnished us here with documents in which he recommends that it be denied, You can check with him after the meeting if you have any disagreement, SEP 251975 • Mrt Atuttewo: I'll answer yout questions. Mayot Pdtret Why dohlt you talk to him, rather that teed this into tetotdi It it public document, but if you vent me to read it, 1111 read it. Mr, Aditim: YOU don't have to read it, till go over and talk to them, that %bay / an hot taking up you valuable tithe, Mayor Ferret Why don't you do that? A motion to deny request vas introduced by Mr, Plummer, seconded by Rev. Gibson, and Vas passed and adopted by a unanimous vote of the Commission. Said motion vas numbered 75-872. REDUCE MARTIN LUTHER KING DEVELOPMENT CORP' 27. EMERGENCY ORDINANCE CARTMM514714 RY CARE CENTER $15,330 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO* 8342 DATED DECEMBER 17, 1974 THE APPROPRIATIONS ORDINANCE FOR SOCIAL SERVICES, AS AMENDED, BY REDUCING ITEM NO. 14 MATRIN LUTHER KING DEVELOPMENT CORPORATION FROM $85,000. TO $69,670; AND RESTORING THE SUM OF $15,330. TO THE WYNWOOD COMMUNITY DAY CARE CENTER; REPEALING ALL ORDINANCES AND CODE SECTIONS IN CONFLICT THEREOF, INSOFAR AS THEY ARE IN CONFLICT; AND PRO- VIDING FOR AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8446. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. POLICE CHIEF GARLAND WATKINS 28, PERSONAL APPEARANCE BRIEF DISCUSSION ON BUDGETARY MATTER Mr. Plummer: Mr, Mayor let me say, I think the only reason the Police Chief is here ip in qns.er to mr vuestion, a" I correct Garland, so maybe we can answer this now. I have asked the Mayor to have the Chief because I think the only reason he is here is address my question of this morning' Is he aware of what I said. Mr, Andrews; I don't think he is really aware of that, but let me tell you what we are formulating and I'll take that out of context so you know what 72 SEP 251975 is happetang and then. Mr. Plummer: This pertains to budget, the Chief speaking now to he tan be released to go back, Mr. Andrews:. ----end Mr. Mayor, 1 at going to describe at area that I am taking out of context of the budget information l'l1 be presetting to you later itt the day, but you tan review the funding at that time, but we have found a way of providing for the 8 policemen that said we would provide on a half=year basis, to a full year basis. 1 can't honestly extend that area arty further than that and 1 have indicated to you that I will be working with the Chief and he recognizes this, that during the year if more revenues are generated or expenses for operation are less than we anticipate now, we would then take those funds and continue to add until we got to the 18 people. That is the best we can do. Mr, Plummer: Paul, listen, t want to hear from the Chief. Mayor Ferre: Let`s hear from the Chief, Chief is that acceptable to you? Chief Watkins: I think any police administrator today across the country, if you said do you need more policemen, would say yes, but to put it in context with taxes, with priorities city-wide and to do with what the department has, I feel very comfortable that Mr. Andrews has done his best to provide the police department with what was available in context with priorities through the city. Mr. Plummer: That is all I need to hear. Chief Watkins: I think we can adjust and do with it. Mr. Plummer: Mr. Andrews I want to commend you for finding the money. I really do. With your assurance that whatever you can do to extend beyond that I am sure you will. MR. Andrews: I want to say this out of context while the Chief is here. We recognize that there are three priorities, police, fire, sanitation, and the department directors,like public works and the building department here, all recognize this. We have all had meetings, that is why they cooperated to have their budgets reduced, so we could find the money to put in the departments of police and fire, because that is where our first priority needs were this year in order to get them to the point and level we felt they should operate at. Mr. Plummer: As I understand, we will then, this afternoon when we approve the final document, have 8 new police positions in the budget for the full. year? Mr. Andrews: Yes, --- Mr. Plummer: Thank you. Mayor Ferre: Chief, I get some up -tight people once in a while, 1 want to tell you, the other night on the Alan Courtney show, 1 said some kind things about the Police Department. I wanted to tell you. chief Watkins; I am sorry I missed it. 29, WATSON THSLOFTWamWerollINC, FOR THE FREE USE OF OCT 12 SPAN I SH HERITAGE 4IEEK M. Jose_ 7 My name is Jose an inter -office memorandum, Aug, 20, 1975, Mr, Plummer; Ali you need is the showmohile? Mr, Yes, Mr, Plummer; 1 move tt be 4pproved 1 have before me Mayor Eerie: Let the teeotd reflect it is a ttot$ptoiit operation. The Iollowing Motion as introduced by Cetirdssibtiet Plunder who nioVed its adoption: MOttON NO, 75.,873 A MOTION GRANTIvG THE REQUEST OP CASA OE ESPANA, ItNO. VOR FREE USE OP WATSON PAU AND THE St3Ot4'NtOBILE ON OCTOBER 12, 1975 FOR SPANISH HERITAGE WEEK Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Terre NOES: None. NOTE: See Resolution No. 75-901 adopted later durning the tweeting. 30. 2ND READING — CIVIL SERVICE RULES - CHANGES, DELETIONS ETC. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE I, SECTION 8A AND SUBSTITUTING THEREFOR A NEW SECTION 8a., PROVIDING A NEW DEFINITION OF "PROBATIONARY EMPLOYEE" AND PROVIDING FOR WRITTEN NOTIFICATION TO A PROVATIONARY EMPLOYEE IN CASE OF A REDUCTION IN RANK OR DISCHARGE; BY REPEALING RULE I, SECTION 13, AND SUB- STITUTING THEREFOR A NEW SECTION 13, PROVIDING A NEW DEFINITION OF "ADVANCEMENT" WHICH INDICATES A TRANSFER TO A CLASSIFICATION WITH A HIGHER SALARY RANGE BUT WHICH DOES NOT CONSTITUTE A PRO- MOTION; BY REPEALING RULE I, SECTION 14, SUBSECTION (a), AND SUB- STITUTING THEREFOR A NEW SUBSECTION (a) PROVIDING A NEW DEFINITION OF "DEMOTION" AND RESTRICTING THE USE OF THE TERM TO A REDUCTION IN CLASSIFICATION RESULTING FROM AN UNSATISFACTORY RATING OR OTHER DISCIPLINARY REASONS; BY REPEALING RULE I, SECTION 14, SUBSECTION(b) AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), PROVIDING FOR A DEFINITION OF "RETURN TO FORMER CLASSIFICATION" WHICH INDICATES THE REVERTING TO A FORMER CLASSIFICATION NOT AS A RESULT OF DISCIPLINARY ACTION; BY REPEALING RULE I, SECTION 14, SUBSECTION (c), AND SUB- STITUTING THEREFOR A NEW SUBSECTION (c), PROVIDING A DEFINITION OF "CHANGE IN CLASSIFICATION" INDICATING A CHANGE TO A CLASSIFICATION IN WHICH THE EMPLOYEE HAD NO PRIOR STATUS AND NOT INVOLVING AN INCREASE IN SALARY Passed on its first reading by title at the meeting of September 4, 1975was taken up for its second and final reading by title and adoption, On motion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J, L. Plummer Mayor Maurice A, Ferre NOES; None, THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8447 74 SEP 257. The city Attorhey read the Ordinande itito the public record aid anteunced that copies were available to the members of the City tommiasiot arid to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE O. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF M/AMI, BY DELETING RULE /1, SECT/ON 1, SUBSECTION (a) AND CREATING A NEW SU14,- SECT/ON (a)j MUCH CLARIFIES THE RULE BY SUBSTITUTING THE PHRASE "CONDUCT AND/OR OVERSEE THE CONDUCTING OF ALL EXAMINATIoNS" FOR "CONDUCT ALL THE EXAM/NAT/ONA"; BY DELETING. RULE It, SECTION 2, PARAGRAPH 3, IN IT S ENTIRETY; BY RE- PEALING RULE tt, SECTION 3, AND SUBST1TUT/NG THEREFOR A NEW SECTION 3, ALLOWING THE EXECUTIVE SECRETARY AS WELL AS THE CHAIRMAN OF THE BOARD TO SIGN VOUCHERS AND THUS MAKE THE RULE CONSISTENT WITH ACTUAL PRACTICE Passed on its first reading by title at the meeting of September 4, 1975WaS taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8448. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE III, SECTION 1, SUBSECTION (d) AND SUBSTITUTING THEREFOR A NEW SUBSECTION (d) WHICH MAKES REFERENCE TO 14 INSTEAD OF 12 CALENDAR DAYS AS THE MINIMUM NON -RECORDED LEAVE OF ABSENCE; BY DELETING RULE III, SECTION 1, SUBSECTION (i) IN ITS ENTIRETY TO AVOID DUPLICATION OF SAME REQUIREMENT WITH RULE Xl1T, SECTION 1 Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev) Theodore Gibson Vice Mayor J, 1,, Plummer Mayor Maurice A, Ferre NOES; None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8444, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public, 75 SEP 25197 AN ORDINANCE ENT/TLED- AN ORDINANCE AMENDING ORDINANCE No, 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS or nit CITY OP M/AMI„ BY Atot/SHING RULE IV, stcTIoN 5, WH/CH PROVIDES POR USE OP PAY RANGES TO COMPENSATE Pok SPECIAL ASSIGNMENTS; AND BY REPEALING RULE tV, SECTION 8, AND sUBsTITVTING THEREFOR A NEW SECTION 84 WH/cH PROVIDES AUTHokITY POR THE BOARD TO RECOMMEND THE ESTABLISHMENT AND ABOLISHMENT OP CLASSES; FURTHER FROV/DINO AUTHOR/TY FOR THE BOARD TO AMEND CLASS DESCRIPTIONS Passed on its first reading by title at the meeting of September 4, 1975 taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by CoMMissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8450 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCES NO. 6945 AND NO. 7358 PASSED AND ADOPTED NOVEMBER 15, 1961 AND NOVEMBER 8, 1965 RESPECT- IVELY, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE VI, PART II, SECTION 2, PARAGRAPH 2, PROVIDING THAT EMPLOYEES WHO HAVE BEEN DE- MOTED FOR DISCIPLINARY REASONS WITHIN THE LAST TWELVE (12) MONTHS OR FAILED THE SAME OR LIKE EXAMINATION WITHIN THE LAST SIX (6) MONTHS OR HAD AN UNSATISFACTORY EFFICIENCY EVALUATION ON THE PRECEDING RATING PERIOD SHALL NOT BE ELIGIBLE TO PARTICIPATE IN PROMOTIONAL EXAMINATIONS; PRO- VIDING FOR WAIVER; BY REPEALING RULE VI, PART III, SECTION 1, SUBSECTION (e), AND SUBSTITUTING THEREFOR A NEW SUB- SECTION (e), WHICH EXTENDS TO THE DEPARTMENT OFFICIAL FILLING A VACANCY THE RIGHT TO EXAMINE THE RESULTS OF AN APPLICANT"S EXAMINATION IN ORDER TO CONFORM THIS RULE WITH RULE VIII, SECTION 13, BY REPEALING RULE VI, PART III, SECTION 3, AND SUBSTITUTING THEREFOR A NEW SECTION 3 WHICH MAKES THE RULE REFLECT THE CURRENT STATE LAW REGARDING VETERAN'S PREFERENCE Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L, Plummer Mayor Maurice A. Ferre NOES; None: 76 SEP 25197 ME THE ORD/NAKE VAS MIGNATEb OkbINANCt Nt1.84.51. The City Attorney tad the ordinance into the public record and announced that topiea Were available to the meffiberS of the City CoMmission atd to the public. AN ORDINANCE ENTITLED= AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15* 1961, APPROVING THt CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OP MIAMI, BY REPEALING RUE VII4 PART 14 SECTION 3, SUBSECTION (b), AND SUBSTITUTING THEREFOR A NEW StJBStCTION (b), CLARIFYING THAT THE WRITTEN REQUEST FOR REMOVAL FROM AN ELIGIBLE REGISTER MUST COME PROM THE APPLICANT; BY REPEALING RULE VII, PART 11, SECTION 3, SUBSECTION (b), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), CLARIFYING THAT THt WRITTEN REQUEST FOR REMOVAL FROM AN ELIGIBLE PROMOTIONAL REGISTER MUST COME FROM THE SUBJECT EMPLOYEE; BY DELETING RULE VII* PART It, SECTION 3, SUBSECTION (e) IN ITS ENTIRETY SINCE MEDICAL EXAMINA- TIONS ARE NOT REQUIRED FOR TORE PROMOTIONAL POSITIONS Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson,seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer Mayor Maurice A Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8452. The City Attorney read the ordinance into the public record and announced that copies wer available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 AND NO. 8182, PASSED AND ADOPTED NOVEMBER 15, 1961 AND SEPTEMBER 18, 1973 RESPECTIVELY, APPROVING THE CIVIL SERVICE RULES AND REGU- LATIONS OF THE CITY OF MIAMI, BY REPEALING RULE VIII, SECTION 4, AND SUBSTITUTING THEREFOR A NEW SECTION 4, PROVIDING FOR THE CHIEF EXAMINER OR THE EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD, UNDER THE DIRECTION OF THE CHIEF EXAMINER, TO CERTIFY ELIGIBILITY FROM THE APPROPRIATE REGISTER DELETING THE REQUIREMENT FOR PHYSICAL EVALUATION FOR PRO- MOTIONAL POSITIONS; BY REPEALING RULE VIII, SECTION 6, SUB- SECTIONA (a) AND (b), AND SUBSTITUTING THEREFOR NEW SUBSEC- TIONS (a) AND (b), WHICH HARE THE DEFINITION OF PROBATIONARY EMPLOYEE MORE COMPLETE AND IN KEEPING WITH THE DEFINITION IN RULE I; BY REPEALING RULE VIII, SECTION 6, SUBSECTION (c), AND SUBSTITUTING THEREFOR A NEW SUBSECITON (c), TO CLARIFY THE LENGTH OF PROBATIONARY PERIODS FOR THE SUBJECT CLASSIFI- CATIONS; BY DELETING FROM RULE VIII, SECTION 6, SUBSECTION (d) THE REQUIREMENT FOR GIVING REASONS FOR DISCHARGE OR TEKINA- TION; BY REPEALING RULE VIII, SECTION 6, SUBSECTION (i), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (i), TO MINIMIZE THE NUMBER OF POSITIONS TO BF FILLED IN TEMPORARY STATUS REQUIRING DEPARTMENTS TO EVALUATE PERSONNEL WHILE IN PROBA- TIONARY STATUS; BY REPEALING RULE VIII, SECTION 7, AND SUBSTITUTING THEREFOR A NEW SECTION 7, TO PERMIT THE IMMEDIATE FILLING oF POSITIONS WHEREIN AN EMERGENCY ARISES AND ALSO TO ALLOW THt EXECUTIVE sECRETAR` CE TII C1:V11J SERVICE EbAT fl TO PER1OEM TRE PUNCT/ON IN THE AESENCE OP THE CHHIEP EXAMIt ER- t3OARD MEMBER; BY CHANGING THt TEt M/NOt O ? OP RULE VIII, SECTIoN 12, LINES 5 AND 15, To AGREE WITH THE WORDtNC 'OP THE CITY c ARIER WHEREIN EMPLOYEES ARE CLASSI 'IEb OR VNCLASSIPit ; RY AEOLISI#INC RILE Vitt, SECTIbN 13 tN ITS ENTIRETY Passed on its fitst reading by title at the meeting of September 4, 1975 Was taken up for its second and final reading by title and adoptions On eiotion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance teas thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Matinio Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Fevre THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8453. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE X, SECTION 1, AND SUBSTITUTING THEREFOR A NEW SECTION 1, WHICH TREATS EMPLOYEES IN THE LABOR CLASSIFICATION THE SAME AS OTHER EMPLOYEES REGARDING CERTIFICATION AND SELECTION FOR ENTRANCE POSITIONS IN ACCORDANCE WITH RULE VIII, SECTION 3; ALSO ELIMI- NATES THE PORTION OF THE RULE WHICH PROVIDES THAT A COPY OF THE REGISTER BE SUBMITTED TO THE CITY MANAGER. Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8454. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, approving the civil service rules and 7� SEt+ 251975? REGULATIONS OP THE CITY OP MIAMI) BY kEPEALING RULE X14 SECTION 1, AND SUBSTITUTING THEREPOk A NEW SECTION 1, PROMING THAT EMPLOYEES SHALL HAVE THE RIGHT TO APPILIATE WITH ANY LABOR ORGANUAT/ON;, PURTUtk PROMING POk RIGHTS AND PRIVILEGES OP SUCH EMPLOYEE MEMBERS OP LABOR ORGANIZATIONS Passed on its first reading by title at the meeting of September 4 19754 Was taken up for its second and final reading by title and adoption. Ott motion of commissioner Gibson, seconded by COMMlbaiOner Gordon) the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYESI Commissioner Manolo Reboso commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Platt Mayor Maurice A. Ferte NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.13455. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, AS AMENDED, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XII, SECITON 1, AND SUBSTITUTING THEREFOR A NEW SECTION 1, PROVIDING FOR PROMOTION PROCEDURES TO FILL VACANCIES IN THE CLASSIFIED SERVICE BY PROMOTION OF EMPLOYEES IN THE NEXT LOWEST RANK OR BY ADVANCEMENT; BY REPEALING SECTION 2 OF RULE XII, SUBSTITUTING THEREFOR A NEW SECTION 2, PROVIDING FOR TEMPORARY PROMOTIONS IN THE ABSENCE OF AN ELIGIBLE REGISTER AND TERMI- NATION OF SAID TEMPORARY PROMOTIONS UPON THE RETURN OF THE REGULAR EMPLOYEE OR ESTABLISHMENT OF AN ELIGIBLE REGISTER; AMENDING RULE XII, SECTION 3 BY DELETING THEREFROM THE TERM "POLICEWOMAN"; AMENDING RULE XII, SECTION 3, BY DELETING PARA- GRAPH 3 DEALING WITH THE PROMOTION OF INSPECTORS OF POLICE, WHICH CLASSIFICATION NO LONGER EXISTS. Passed on its first reading by title at the meeting of September 4, 1975,was taken up for its second and final reading by title and adoption. On motion of Commissioner Reboso, seconded by Commissioner:Gordon, the Ordinance was...thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.3456. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 79 SEP 2 51975 AN OUOINAt CE ENTiTt1 D- AN O1thINANCE FENDING ORDINANCE No. 6945 AND No. 8119 PASSEL AND ADoPT1 D NOVEM tk 15, 1961 AND PtERUARY 11, 1971 EtSPEC C= TIVELY, APPROVING THt CIVIL SERVICE MIS AND R1 GIJLATIONS DP TItE C /T ; OF MIAMI, E ' AMENbING 'ICE LAST SENTENCE OP RULE XIV, SRCTLON 1, SUESECt1oN (d), MY ADDING THE PHRASE "EXCEPT AS_ PROVIDED IN Rltt XIV1, SCtioN 7"3 TO AGREE WITH THE CHANCE MADE IN RULE XIV, SECTION 7; BY CHANGING THE WORD "POSITIONS" To "STATUS", IN RULE XIV, SECTION 2, oN tINt 2, SINCE POSItIONS ARE NOT PERMANENT AND MUST Et BUDGET1;b FROM YRAR TO YEAR; BY REPEALING RULE XIV, SECTION 7, AND SUESTITUTtNG THEREFOR A NEW SECTION 7, PLACING IN T1113 HANDS OP THE CITY MANAGER THE AUTHORITY TO RECLASSIFY To A NEW CLASSIFICATION AN EMPLOYEE WHO HAD PECOME INCAPACITATED IN HIS PRESENT CLASS IP1CATION Passed on its first reading by title at the Meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of. Commissioner Gordon , seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8457. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1951, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY AMENDING RULE XVI, BY DELETING THEREFROM SECTION 1A WHICH PROVIDES FOR SUPERVISION IN THE DIVISIONS OF POLICE AND FIRE; AND BY DELETING THEREFROM SECTION 10, ENTITLED "DISMISSAL OF PROBATIONARY EMPLOYEE IN THE ENTRANCE POSITION." Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES; None. THE ORDINANCE WAS DESIGNATED ORDINANCE No.8458, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. i SAP 251975 AN OkbtNAHCE ENTITLED - AN ORDINANCE AMENDING 'ORDINANCE No. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING ' RE 'CIVIL SERVICE RULES AND REGULATIONS OP THE CITY OM? MIAMI, BY ABOLISHING IN TREIR ENTIRETY RULE XVII, SECTION is 2 AND 5 UMICH PROHIBIT POLITICAL ACTIVITY BY CITY EMPLOYEES Passed on its first reading by title at the meeting of September 4, 105 vea taken up for its second and final reading by title and adoption. On motion of Coflunissiorier Reboso, seconded by Commissioner Gibson, the Ordinance was thereupon given its seeond and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vine Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE 00.8459. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XVIII, SECTION 1 AND 2 WHICH PROVIDE THAT AN EMPLOYEE DESIRING TO ENGAGE IN OUTSIDE EMPLOYMENT MUST FIRST SECURE PERMISSION OF THE CIVIL SERVICE BOARD Passed on its first reading by title at the meeting of September , 1975,was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8460. he City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AMEND RETIREMENT ORDINANCE 31. 2230, 5624 ADDING POSITIONS OF AN ORDINANCE ENTITLED - ASSISTANT CITY CLERK ASST. EXECPSECTY, CIVIL SERVICE BOARD ASST.EXEC.SECTY, PLANNING BOARD AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO, 2230, DECEMBER 6, 1939, AS AMENDED); AND THE MIAMI CITY GENERAL EMPLOYEES' RETIRgMENT PLAN (ORDINANCE NO, 5624, MAY 2, 1956, AS AMENDED), AS APPEARING IN CODIFICATION FORM AS is WM MM WM MM 81 SEP 2 5 1975 A MT OF CHAPTER 2 oP THE CODE OP THE MI OP M/AMI, rLoktDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING sUEsEcTioNs 2-9i(2) AND 2-109(3A) Or SAID CHAPTER 2 EY AWING THE POSITIONS OP ASSISTANT CITY CLERK„ ASSISTANT EXECUTIVE SECRETARY or THE Mit SERVILE BOARD AND ASSISTANT Martin SECRETARY OP THE PLANNING BOARD OR ITS PREDECESSok, TIE PLANNING AND •CONING HOARD, TO THE POSITIONS ALREADY ENUMERATED, TO BE ELIGIBLE PoR AN ADDI- TIONAL RETIREMENT BENEFIT or ON PER CENT oP AVERAGE PINAL COMPENSATION roR EACH YEAR or SERVICE OR PRAcTION THEREor THAT SUCH MEMBER SERVES AS ASSISTANT CITY CLERR, ASSISTANT EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AND ASSISTANT EXECUTIVE SECRETARY OP THE PLANNING BOARD oR ITS PREDEcEssoR, THE PLANNING AND ZONING toARD, PROVIDING THAT UPON SERVICE RETIREMENT THE MEMBER or SAID RETIREMENT SYSTEM OR RETIREMENT PLAN HAS THREE oR MORE YEARS SERVICE SINCE LAST BECOMING A MEMBER AND PROVIDING THAT HE HAS SERVED IN ANY OF SUCH CAPACITIES FOR A TOTAL COMBINED PERIOD OF NOT LESS THAN THREE YEARS, SUBJECT THERETO TO A MAXIMUM LENGTH OF SERVICE AMOUNTING TO TEN YEARS FOR THE PURPOSE Or COMPUTING ADDITIONAL PENSION ALLOWANCE; CONTAINING A SEVERABILI1T PROVISION; AND REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT Passed on its first reading by title at the meeting of September 4, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. PlumMer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8461. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 32, REPEAL CHAPTER 53 OF CODE - "SOLICITING" AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING CHAPTER 53 "SOLICITING", OF THE CODE OF THE CITY OF MIAMI IN ITS ENTIRETY; FURTHER PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of September 4, 1975,was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A, Ferre NOES; None, THE ORDINANCE WAS DESIGNATED ORDINANCE NO 8462 82 SEP 2 51975 't1n City Attorney read the ordinance into the puti is retotd acid announced tKit copies wore available to the members of the City C.otnhis:siots And to the public. AWARD DID - VIRGINIA KEY FILL 1975 Tito following regtslution vtag introduced by 'i ttitiasic tier i`1ut m r, moved its adoption: RESOLUTION NO. 75474 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FRUSA CORPORATION, AT A TOTLA COST OF $59,250. ANb AUTHORIZING A FINAL PAYMENT or $5,925. POR 'I'11E VIRGINIA KEY FILL 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 34, ACCEPT COMPLETED WORK - WAINRIGHT PARK IMPROVEMENTS - 1975 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-875 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DECONCO, INC., AT A TOTAL COST OF $37,082.25 AND AUTHORIZING A FINAL PAYMENT OF $3,843.68 FOR THE WAINWRIGHT PARK IMPROVEMENTS - 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 35, ACCEPT COMPLETED WORK - BICENTENNIAL PARK - PHASE II The following resolution was introduced by Commissioner Gibson, who moved its adoption; RESOLUTION NO, 75=876 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY REDLAND CONSTRUCTION CO „ INC, AT A TOTAL COST OF $58,950. AND AUTHORIZING A FINAL PAYMENT OF $5,895, FOR THE BICENTENNIAL PARK - PHASE II (PROJgCT NO, 1-SUBGRADING) (Here follows body of resolution, omitted here and on file in the office of the City Clerk,) 83 SEP21975 11IIIiuuimiuurnl Upon being seconded by Commissioner Rebosi, the resolution ryas paaaed and adopted by the following vote AY St Commmissioner Manolo Reboso Ct inttissiotiet hose Gordon Commissioner (IteV:) Theodore Gibson Vite Mayor J. L. Plummer Mayor Maurice A. Perre. NOES None. COMFbht ,STATION IN MARGAR T PACE PARk C0Mi LAtNT Mr. P1utnirert Mr. Mayor let me get on the record, -.I broached it to Paul, and I at going to broach to the rest of you,' am getting it the last 48 hours all kinds of flack from the people immediately adjacent to Pace Park. You are putting in a comfort Station. Mr. Andrews. We stopped the work. Mr. Plummer: i understand you stopped it when it was 50 ft. from the sidewalk, and now you are moving it to the sidewalk. You have stopped it again? I have the assurance it will come before the commission before anything else is done so the public can be heard. Thank you sir. 36, CANCEL A COVENANT TO RUN WITH LAND C,G,REBOZOJ C,V,W,TRICE ETC, The following resolution wart intrndured by Cnmmiscinner Rehmmo, who moved its adoption: RESOLUTION NO. 75-877 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT FORMALLY CANCELLING THE OCTOBER 14, 1968 COVENANT TO RUN WITH THE LAND EXECUTED BY C.G. REBOZO, C.V.W. TRICE, JR., AND KATHERINE J. TRICE, HIS WIFE, RELATING TO A TEMPORARY SANITARY SEWER FORCE MAIN SERVING A SHOPPING CENTER LOCATED AT THE N.E. CORNER OF N.W. 22ND AVENUE AND 11 STREET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. 37. RATIFY,CONFIRM ACTIONS OF THE CITY MANAGER NOES: None CANCEL OLD P,O, FOR NEW VANS AND ISSUE NEW PURCHASE ORDER FOR VANS & WAGONS The following resolution was introduced by Commissioner. Plummer, who moved its adoption: RESOLUTION NO. 75-878 A RESOLUTION REVOKING THE AUTHORITY GRANTED UNDER RESOLUTION NO. 75-643 WHICH ACCEPTED THE BID FROM DOWNTOWN CHRYSLER PLYMOUTH FOR FURNISHING FOUR (4) PASSENGER VANS AT A TOTAL COST OF $24,010.; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTYMENT TO CANCEL PURCHASE ORDER NO. 078231 WHICH WAS ISSUED FOR THESE VANS (Here follows body of resolution, omitted here and on file In the office of the City Clerk,) 8 SEP 251975 Upon being seconded by Commissioner Rebosoi the resolution was passed and adopted by the following vote= AYES: Com issioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummet Mayor Maurice A. Ferre, NOES: Clone The following resolution was introduced by Commissioner Plummet, who moved its adoption; RESOLUTION NO. 75,4879 A RESOLUTION RATIFYING ACTION TAKEN BY THE CITY MANAGER IN ACCEPTING THE BID FROM NORTHSIDE MOTORS, INC. FOR TURN ISHING TWO (2) PASSENGER VANS AT A TOTAL COST OF $12,200. AND ACCEPTING THE BID FROM COLONIAL DODGE FOR TWO (2) PASSENGER VANS AT A TOTAL COST OF $10,359.90, AND ISSUING PURCHASE ORDERS FOR SAID VAND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote -- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None REPAIRS T 38. EMERGENCY PURCHASE ORDER LAWRENCE STORM PUMPING STATION No, 31 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-880 A RESOLUTION RATIFYING AND CONFIRMING THE ACTTON TAKEN BY THE CITY MANAGER IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER TO PHILADELPHIA GEAR CORPORATION FOR REPAIRS TO LAWRENCE STORM PUMPING STATION No. 31, IN THE ESTIMATED AMOUNT OF $8,824.00 SUBJECT TO ADJUSTMENT TO THE PRICE IN EFFECT AT THE TIME OF SHIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L, Plummer Mayor Maurice A. Ferre. NOES; None 39, AMUSEMENT RIDES PERMIT ALLAPATTAH BRANCH OF YPM,C,A, CUBAN UNIT J.M,HOSPITAL COMMUNITY MENTAL HEALTH PROGRAM The following resolution was introduced by Commissioner Cordon, who moved its adoption; 8 SEP 251975 111 RESOLUTION NO. 75481 A RESOLUTION AUTHORIZ/NG THE IMANCE OP A PERM TO THE ALLAPATTAH BRANCH OP THE YMCA OP CREAM MARI ANI THE CUBAN UNIT OP JACXSON MEMORIAL HO8PITAt'S COMMUNITY MENTAL HEALTH PkO0RAM POR AMUSEMENT RIbE8 AT 2570 N.V. 17TH AVENUE ON 170 18 ANb 19 OCTOBER 19750 SUBJECT TO CERTAIN TERMS ANt CONDITIONS Mete follows body of resolutions 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 AYE8: Commissioner Manolo Reboso Cottigsionet Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. t. Plummer Mayor Maurice A. Perre. NOES: None. 40. AMUSEMENT RIDES PERMIT ST, DOMINIC S CHURCH The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-882 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. DOMINIC'S CHURCH FOR AMUSEMENT RIDES AT 5909 N.W. 7 STREET ON OCTOBER 31, NOVEMBER 1 AND 2, 1975, 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 Gordon the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 41. ACCEPT PLAT - MOR-LEN SUBDIVISION The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-883 A RESOLUTION ACCEPTING THE PLAT ENTITLED MOR-LEN SUBDIVISION, A SUBDIVISION ON THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT AND ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF LANDSCAPING, SIDEWALK, GRADING AND SHAPING OF STREET SHOULDER, TWO STORM DRAINAGE STRUCTURES AND FILL AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED FOR ANY BUILDING UNTIL ALL OF THE ABOVE IMPROVEMENTS ARE COMPLETED (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- SEP 251975 1 AYES Cofrl'Itissl6t1et Matiblo Rtboso OOftttf►issiottet Rose Gordon Cbthtiiss .otter (Rev.) Theodore Gibson Vice Mayor JAL. Flu -tither Mayor Maurice A Pette. 42, CLAIM SE TTL M NT = ANDREA FALCON NOES: Note. The following resolution was introduced by Corthisslo ter Plunder, who moved its adoption: RESOLUTION NO. 75.484 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $95.00 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS ANDREA FALCON; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OP THE CITY OFMIAMI TO EXECUTE A RELEASE RELEASING ANDREA FALCON FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 43, CLAIM SETTLEMENT - DORIS M. COPELAND ADMINISTRATRIX OF THE ESTATE OF: ALBERT A. ANDERSON The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-885 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF THE FINANCE DEPARTMENT OF THE CITY OF MIAMI TO PAY TO DORIS M. COPELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ALBERT A ANDERSON, THE SUM OF $20,000. IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR DAMAGES DUE TO THE FATAL SHOOTING OF HER SON ALBERT A ANDERSON BY POLICE OFFICER DAVID C. WAUD OF THE CITY OF MIAMI POLICE DEPARTMENT WITHOUT ADMISSION OF LIABILITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L, Plummer Mayor Maurice A, Ferre. NOES; None, 87 SEP 25975i - i 441 AWARD BIB _ TENNIS COURT RESURFACING The foiioUing tesolution WAS introduced by COMMiegioner Plummer, Soho Moved its adoption: RESOLUTION NO. 7.5886 A RESOLUTION RATIFYING ACTION BY THE CITY MANAGER IN AWARDING BID NO. 74-75-138 , TENNIS COURT RESURFACING TO A.A. COATINGS, FOR TENNIS COURT RESURFACING AT PEACOCK AND KIRK MUNRtOE PARKS AT A TOTAL COST 'OP $$5,800. WI` 'FUNDS AVAILABLE PROM PARKS FOR PEOPLE BOND PROGRAM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferree NOES: None Mr. Plummer: Mr. Mayor, hold up, here is the other area of flack. I have been getting calls and I know everyone else has been. Mr. Manager, the people who are using those courts in Peacock Park and Kirk Munroe, Mr. Manager, I would ask you to send someone over there and I suggest you send the tennis pro for down at Henderson, to give you an opinion if that thing in fact is being done right, because I am going to tell you something, these people have been writing to Action Line in the newspapers and to us, they are calling and' for some reason (I am not a tennis buff) but for some reason the people are very unhappy over there. Mayor Ferre: Where there is some smoke there has to be a little fire somewhere, and Paul, furthermore, I wrote you a memorandum about a month and a half ago about the park up there,,I think it is Morningside Park and I went up there one day to take a picture with a pro and all the kids they teach, and this guy showed me, - the courts are painted green, then they paint a white line where the outside is, then the rest is regular concrete. From a certain point, with a glare on it, you can't tell the difference between the concrete, the white and the green. They all came to make a bid to-do, and I said what do you do about it, They said do what everybody else does, the paint the outside red Mr. Plummer: That is why I suggested Mr. Mayor that you take someone who is a professional and send him down there to evaluate for you, Paul. You are a tennis buff? Mayor Ferre: Let me tell you what bothers me. Is isn't that they didn't paint the line red. That may or may not be. I don't know anything about that even though it makes a lot of common sense, beyond the green and white line on the outside is painted that clay red. Now, I got all of these people together ---I said why haven't you complained about it, all these players. They said you don't know what it is like to get something done around here. Nobody listens to us. They said I hate to tell you, nobody pays attention to us taxpayers and I said, ----(I wrote you a memorandum on it --about this) I don't know whether anything has been done, but that memo has not been answered. I would be most grateful if somebody would look into that in Morningside Park and see what is going on, and what bothers me more than the red paint is whetehr or not the citizens have a right to talk to somebody. Mr, Plummer: Paul, let me say this, if I was getting this from just one or two people, I would say they have a grudge or something, but Paul I am getting this flack from 20 to 25 people, and maybe one person is generating the calls, but I want to tell you it has to stop, I'll tell you, ---like nails sticking up through boards where they are supposed to be sitting under the shack for the rain, the leaves all on the courts, ----get the letters from my secretary, She has the a).1, 88 SEP 2 31975 45, APPOINT MEMDIRS TO CITY OF MtAMt YOUTH ADVISORY BORD The following re§olution as introduced by Committiotet Plummet, who moved its adoption: IttS0tUTIoN NO. /5-887 A RtSOUTION APPoiNtING MtMtERS To TIM CITY OP MIAMI YOUTH ADVISORY BOARD (Here follows body of resolutial, otitted 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- AYBS: CoMmissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 46, ACCEPT BID - SOUTHERN DRAINAGE PROJECT E-35 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-888 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE AMOUNT OF $156,473. FOR THE CONSTRUCTION OF SOUTHERN DRAINAGE PROJECT E -35; ALLOCATING THE AMOUNT OF $156,473. FROM THE ACCOUNT ENTITLED STORM SEWER BOND FUND TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $15,647.30 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,129.70 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE,ETC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None INDUSTRIAL SWEEPER HYDRAULIC GAMG MOWER 47, AWARD BIDS FOR DEPT• OF PUBLIC PROPERTIES EARTH AUGER The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-889 A RESOLUTION ACCEPTING THE DID RECEIVED FROM ALLIS-CHALMERS MATERIAL HANDLING SALES & SERVICE FOR FURNISHING ONE (1) INDUSTRIAL SWEEPER AT A COST OF $7,356. WITH FUNDS HAVING PREVIOUSLY BEEN 89 SEP 251975 APPROPRIAttb FROM THt MtAMt MObERN POLICE btPARTMENT RUitbtNG PUNN AUTHORIZtNO ANC btftECT NG THE cIT MANAGER To INSTRUCT TUE PURCHASING bEPARTMENT To ISSUE A PURCHASE ORhER FOR THIS PURPOSE ('Here follows body of resolution, omitted here acid oft file itt the Office of the City Clerk ) Upon being seconded by Commissioner Gibson, the tesolutioft was passed and adopted by the following vote= ACES: Commissioner Manolo Reboso Comtnissiottet Rose Gordon Commissioner (Reif.) Theodore Gibson Vice Mayor ,I. L. Plummier Mayor Maurice A Fevre. NOES: Norte The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-890 A RESOLUTION ACCEPTING THE BID RECEIVED FROM TIECO, INC. FOR FURNISHING ONE (1) HYDRAULIC 7-GANG MOWER, AT A COST OF $14,500; WITH FUNDS AVAILABLE FROM FEDERAL REVENUE SHARING; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ItNSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-891 A RESOLUTION ACCEPTING THE BID RECEIVED FROM H.F. MASON EQUIPMENT CORP. FOR FURNISHING ONE (1) EARTH AUGER MOUNTED ON TRUCK, AT A COST OF $40,827. WITHPREVIOUSLY BUDGETED FUNDS TO BE ALLOCATED FROM THE STORM SEWER BOND FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 90 S P251975 481 AWARD BID - TENNIS CURTAINS r R 6 CITY PARKS The following resolution as introduced by Commissioner Plummer, tab° moved ita adoption: RESOLUTION NO. 75492 A RESOLUTION ACCEPTING TRtMb RECEIVIb AUGUST 27, 1975 OP RURERT H. HANSEN iOR A TOTAL CoST OP $5,057400 POR PURNISHiNG TENNIS CURTAINS FOR SIX CITY PARRS (Here follows body of resolution, omitted here and on file ih 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 Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferres NOES: None 49. AWARD BID - BICENTENNIAL PARK - M. R. HARRISON The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-893 A RESOLUTION ACCEPTING THE BID RECEIVED SEPTEMBER 22, 1975 FROM M.R. HARRISON CONSTRUCTION CORPORATION FOR BID PROPOSAL SECTIONS 2 THRU 9 IN THE AMOUNT OF $3,473,000.00 FOR THE BICENTENNIAL PARK - PHASE II- 1975 (COMBINED PROJECTS NO. 3 & 4 - UTILITIES, SITE DEVELOPMENT, LANDSCAPING & IRRIGATION) - 2ND BIDDING; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT WITH SAID FIRM; FUNDS ALLOCATED FOR THIS PURPOSE FROM PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon commissioner (Rev.) Theodore Gibson Vice Mayor J, L. Plummer Mayor Maurice A, Ferre. NOES: None 1975-76 50, SET DATE FOR 11119%ANull & FEDERAL REVENUE SHARING FUNDS Mayor Ferre: We are now on item 40H, Let me tell you what this is all about. This about Federal Revenue Sharing, that is the all day session where everybody screams at us, Mr, Andrews; Mr, Mayor, two things have to happen, one is we want a workshop with you so we can go over this entire program in my conference room and then you want to set a second date for the public, Mayor Ferre; You had better have your workshop here, and no members of the public will be allowed to spenU, but if you have it in your conference shop You Could have problems with the press and all that, SEP 25197 N 1 Mayor Verret So just have it here and it toi11 be just between us. Ott. Plummer: What day Paul? Mr, Andrews: 1 citn looking to all of you. Mayor retre: How about November 7? the 5? What day do you want to make it t4r. glummer: Maurice, 1 rove we have the workshop on October 7, the meeting Ott October 14, subject to verification tomorrow morning at the special meeting. Mr. Andrews: How about making it October 14 and October 21st, Mr. Plummer: That is fine. Mrs. Gordon: i can't come on the 14th at all. Mr. Plummmer: How about 15 and 22. Mr. Andrews: Okay, the 15th and 22nd. Mr. Plummer: That is subject to approval tomorrow morning. Mayor Ferre: We are talking about October 15 for a couple of hours. Mrs. Gordon: I can't come on the 22nd. Mayor Ferre: How about the 21st? Mrs. Gordon: I can come on the 21st. Mayor Ferre:----the 15th and the 21st. We will have a morning meeting on the 15th, which will last a couple of hours, and the 21st will be an all day session. Mrs. Gordon: Starting at 9? have Mayor Ferre: I would say so. We a 150 people that want money. A 51, QMIAMI CENTRAL STOREFRONT PROJECT — STATUS REPORT BY CITY MANAGER h f ti I would like M Crouch tell you where we are in progressing Mr. Crouch: We have researched vacant property there and have met with 2nd Avenue which is right in that commercial district there at a rental of 1 k d with h of $6,913,00 and the proposal of the aministration is t n $6 000 00 in h budget? Mayor Ferre: Take up item 'C', Miami central storefront projects status reports. Mr. Andrews: You will recall that this is working with the Community Relations Board when Mr. Bob Simms was here establishing t e storefront q operation. r, to toward the rental of the facility. the L�nnmunity relations board people and have selected the site at 1026 N.W. $125.00 a month on a month -to -month lease. What we have also worked wt. them is a budget program for the work to be accomplished out of for a total budget o use one thousand dollars of money presently earmarked in the police funds for the community relations work as a starter for the project and we are requesting , .... to continue the program for the full year next year, Mayor Ferre; I saw something in the budget on that, How much did you put 't a Mr, Crouch; $6,000,00, -T Mr, Plummer; I'll move it, --- Mayor Ferre; What do you need to trove, we have already moved it, 92 S P251975 Mt, Cr itrii. Just to iti'fctrt ydtt of t4hnt we rite detittg, ood PO yoti stet+ tit fmined r s3 52, PURCHASE 2 REPLACEMENT ASH TRAILERS AND RESOLD 2 ASH TRAILER riayor 'Ferret The neat thing is item 40 I), sanitation incinerator ash tractor, trailer, Florida Municipal Mr. Plummer: Where is that? where are we? I want to ask the question why are we buying a tractor trailer for cinders when we are taking and tte are going to a transfer station. Mr. Andrews: Bacause we need to still haul cinders, and out equipment is breaking down. We will have it for a year and a half and keep it in operation, and these trucks don't 1st too long with the corrosiveness of that acid they hall. Mr. Plummer: The point Mt. Mayor is we are going to stop incinerating garbage when this transfer station goes in. Mr. Andrews: Even a year and a half away, you can't stop and operate that with poor equipment. We just have to have this equipment. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-894 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO REPLACEMENT INCINERATOR ASH TRAILERS AT A TOTAL COST OF $51,000. FROM FLORIDA MUNICIPAL SALES, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None The following resolution was introduced by Commissioner moved its adoption: RESOLUTION NO. 75-895 Plummer who A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE UP TO $31,300. TO ACCOMPLISH THE REBUILDING OF TWO CITY OWNED TRUCK TRACTORS, EITHER BY CONTRACT OF BY USE OF CITY FORCES TO SERVE AS ASH TRAILER TRACTORS FOR USE BY THE DEPARTMENT OF SANITATION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gibson passed and adopted by the following vote AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L, Plummer Mayor Maurice A, Perm the resolution was NOES; None P251975 53, REPORT ON 14ATER TRANSPORTATION PROPOSAL STATUS Mt Andrews! ate -wanted to give you some indication, the way tie ate progressing on this tatter of developing A WA tet transpottation proposal particularly geared for the tourist aspect. Mt. Pittner: Bose, do you hear this? Mr. Andrews: This water transportation is really divided into to parts, that which you can consider the slower type of movement over the water it a smaller area, toted iti the routed rough Mayor Terre: I'll tell you, Paul, why didn't you bring this out when we have television and the press and all that,----- Mr. Andrews: Maybe we should hold this until the (text meeting. We are progressing with the proposals anyway, ---- Mayor Ferre: Bring it up now, but next time,--- Mr. Plummer: Hold it until the Herald is here. Mayor Ferre: Go ahead and make your report. Mr. Andrews: What we are proposing to the Commission is, that we think in terms of dividing this up into two types of proposals. The first would be one in which would be more tourist oriented, slower craft will connect these points up. We would like to ask Mr. Stone at this point in time now, to design a specific place at the Bicentennial Park so that construction could move ahead. That would be our beginning point. From there a routing system would be designed that would carry you either up to Omni or coming south, first over to Watson Island or coming south to Bicentennial Park, and there are quite a few options that can be exercised for that type of travel. And when we receive our proposals; we are going to let private enterprise use their imagination and evalute those proposals after we receive them. There is a possibility that some of the boats that might be used could have restaurant facilities aboard the boat in which you get a noontime ride, or evening ride and go from point to point and be, services. There are all sorts of possibilities and we are moving ahead with the design of the proposals and hope to receive theproposals in November. Mrs. Gordon; I have never been too it, but I have heard they have a barge that they put down the river and serve meals on it, and come back, right now, in operation, that is private enterprise, which is great and this falls right in line then with the request this morning that I asked of you that you complete this and put it out to make a decision as to bids or City operation, and I think we have a resolution that we have to pass to conform with that motion, right? Mr. Andrews: Mrs. Gordon I am going to tell you right now unless there is some reason, I am in favor of private enterprise operating this rather than the city operating it. Mrs. Gordon: Have you investigated that also, what do they call that, the raft idea that we discussed last time we had a meeting? Mr. Andrews; One of my staff was supposed to have met with that individual ---lhave not checked with him yet. Mayor Ferre; Let's make sure we all understand what we are talking about. The idea is, --- Mrs. Cordon;- -two different things, ---- Mayor Ferre;---this is not just one thing, we have several things in mind, one is a rapid form of water transportation that would go from the Grove, stopping In a few places and end up in the northern part of town and maybe go around, it might even go to Miami Beach, and all that, The second thing would be a more tourist type of oriented thing which would have eating facilities, might be a show boat, those old river boats, with the paddles, so people could leisurely move around, and the 3r4 thing is a tarsi idea, the water tarsi idea where people could go from Mi.amarina Restaurant, the Bicentennial. 94 SEP 251975 Park, to 'Watson 1aland, back to Miamarina,...,it Would be a mote localized thing which would be in the immediate vicinity from t upont Plata to Omni and back, that Would be the ira:timum, the River walkw+ay,it would be a 10 to 15 t►inutes round trip, maximum, stop-go, stopgo,G� Mrs. Cordon: Here is the resolution, may 1 read it Mr. Mayor? Mayor Perre: A resolution for what? Mrs. Gordon: to conform with the motion that was passed this mornittg,,.. Mayor Terre: Rose, I'll tell you, I want to tell you 1 think that this is well udder ways --- Mrs. Gordon: Yes, but this was approved this morning, it conforms to it. Mayor Ferre: We have been working on this thing for 6 months. Mrs. Gordon: But this finalizes in the form of a resolution, -- Mayor Ferre: All right, Mrs. Gordon: --'a resolution requesting the City Manager of the City of Miami to immediately institute the study on the feasibility of the waterborne transportation system in terms of NO.1, the types of craft which could be utilized, such as hydrofoils, hover -craft or large power boats, estimated cost of equipment and revenues which chould be generated from fares to makeinvestment self-liquidating, and 3, whether such a system should be operated by private enterprise under franchise from the City, producing revenue for the city or whether the system should be operated by the City and this was supposed to be returned in a recommendation form, within a period of not more than, I think we said this morning, 60 days.' Mayor Ferre: Mrs. Gordon we can't vote for this for a very simple reason, as far as I am concerned. Mrs. Gordon: We voted on it this morning, as a motion. Mayor Ferre: It says immediately institute what is almost finalized? Mrs. Gordon: It isn't finalized, it is far from finalized. Mayor Ferre: Mr. Andrews didn't you just say that by November you are ready to go out for bids on this? We can't act as if the baby is born today. Mrs. Gordon: Just a portion of it, this is a three -fold thing. This is a much larger motion, resolution, than just one portion. Mayor Ferre: ---' a resolutioa.requesting the City Managerof the City to immediately institue the study, if you would put there to finalize the study,- Mrs. Gordon: Maurice I don't want to quibble on words --he can't finalize what he doesn't have , ..ayor Ferre: He started the darn thing three months ago. Mrs. Gordon: What are we picking in semantics for,, --- Mayor Ferre:---because it isn't accurate, he can't institute something that has been under study for 6 months,---- Mrs, Gordon: -but we never passed the resolution on it, This is the first time the resolution,to conform to what was passed by a motion this morning, Mayor Ferre; How can he immediately institute a study which has been under way for 3 months? Mrs, Gordon: All right, I'll amend it, I won't argue with you, --'a resolution requesting theCity Manager of the City of Miami to continue the study of the feasibility, how is that? P 25 1975 Mayor Eerte Okay,�- Mrs. Cordon: Everything else is the same, just to cotititue,= ,,.... P11 Lead the whole tiling,=-_ 'Nayel Petre:No, no;=-4-a,g, Mrs. Gordon:J-f{i read the whole thing ='a resolution requesting the City of Manager of the City of Miami to continue the study on the feasibility of the waterborne transportation system in terns of 1, types of crafts which could be utilized such as hydrofoils, hover craft or large power boats, 2 estimated cost of equipment and revenues which could be generated from fares to make the investment Self=liquidatitig and 3 Whether such a system should be operated by private enterprise under a franchise from the City, producing revenue for the City or whether the system should be operated by the City'== that is the total thing. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-896 A RESOLUTION REQUESTING THE CITY MANAGER OF THE CITY OF MIAMI TO CONTINUE THE STUDY ON THE FEASIBILITY OP A VATER-BORNE TRANSPORTATION SYSTEM IN TERMS OF (1) TYPES OF CRAFT WHICH COULD BE UTILIZED SUCH AS HYDROFOILS, HOVERCRAFT OR LARGE BOATS; (2) ESTIMATED COST OF EQUIPMENT AND REVENUES WHICH COULD BE GENERATED FROM FARES TO MAKE INVESTMENT SELF-LIQUIDATING AND (3) WHETHER SUCH A SYSTEM SHOULD BE OPERATED BY PRIVATE ENTERPRISE UNDER A FRANCHISE FROM THE CITY, PRODUCING REVENUE FOR THE CITY , OR WHETHER THE SYSTEM SHOULD BE OPERATED BY THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. ACCEPT PLAN FOR 54, PREPARED RESOLUTION: SENSORY GARDEN AS PART OF BICENTENNIAL PARK The following resolution w-R introduced by Commissioner Gordon. who moved its adoption: RESOLUTION NO. 75-897 A RESOLUTION ACCEPTING THE PROPOSAL FOR A TOTAL DESIGN PLAN FOR THE "SENSORY GARDEN FOR THE HANDICAPPED" IN BICENTENNIAL PARK AS PRESENTED BY EDWARD D. STONE, JR. AND ASSOCIATES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote-- AYES: Commissioner Manolo Reboot' Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A, Ferre, NOBS; None, 9 SEP21975 PERSONAL APPEARANCE LOPTRN MONCUR IN tEHALR OF C+ R. Al C i COMMUNITY RALLY AGAINST CRIME Mayor terse: Mr. Moncur, go ahead. Mt, Loften Moncuts Good afternoon, Mr. Mayor and Commissioners, City Manager, my nave is Lof ten Moncur, 1 may tot be in other with the tote ofthe things I would like to say, but I don't want to take up too tuc.h of your tine but as a young person 1 would like to commend the City of Miami and the City Manager's office for the job that I observed today, and the job I have observed you have been doing in the City for so long. It really gives me great pleasure to go back to the commmunity today and say I tame to the City of Miami for an emergency problems that concerns the liVes of people it out community and you all did give me time today out of your busy schedule to hear me. ghat I am here today is in reference to community rally against crime, C. R. A. C. program. I have been minister at Friendship Baptist Church tow for the last 4 months, and Community ,tally Against Crime was a program started by Rev. Jenkins back in 1971. Well I am sure the City and the City Manager and the Governor and several people all-over the country are concerned about crime, especially now, with the economic situation is and jobs and unemployment, and even now, the criminal, the people who were out robbing and selling drugs, and doing all kinds of illegal things are concerned about crime now, because they are getting ripped -off. The dope pushers on the corner are getting ripped -off, so everybody is very concerned about crime. Thesea are some of the slogans, We have bad a campaign against crime since 1971,--'don't buy stolen goods' and 'the next radio or television could be yours', --'crime is for birds --for jail birds' ---'don't be a fish and get hooked on drugs', 'if you are planning to snatch a purse, forget it.' Right at the present time at night in the city of Miami around the Liberty City Community , some places, Coconut Grove, it is not safe for me to walk at night, whether I am black, white or anything else, but the reason I am here today is because we have done a lot of things in the community to help combat against the crime problem. We realize you fund a lot of programs for offenders, you give a lot of money to the police department, but when we start to bring statistics down on crime, when we as the community, as young people start doing things about it. The immage of young people, we have not given young people a chance to be heard and we spend thousands and millions of dollars in the City of Miami, the government, all these millions of dollars to go on for crime prevention, and crime problems, and the statistics are continuing to rise. It is a shame about the money that you all spend and programs that suppose to be out aiding, the money you give to your narcotic department, in the City of Miami to stop drugs, and to help stop drug trafficing in our community, it is ridiculous. The death and rate of crime is continuing to rise and what Iam -eying is that our program Rally Against Crime, we went out and marched in Liberty City, we marched in the high crime: area, saying we wanted to help work with people to stop crime, and we realize the crime problem is done from most 0 our younger reople. Our younger people, the ones out there breaking and ‘..tering into to homes, they are the ones that are out robbing grocery stores and armed robberies, our statistics shows that these are done by most young people. Our organization would like to continue our efforts. We have never applied and asked for any funds from any agency as of yet, because we have been able over the last couple of years to get the interest of youth and young people who were commiting these crimes, to say hey,we want to be heard, we want to work with the community, we want to try to get opportunities to get hack into the system and stop that being out here commiting crimes. The people that are on 15th Avenue right now selling drugs, and believe it or not they make about 5 or 10 thousand dollars a day on 15th Avenue between 65th Street and 70th Street every day selling drugs, heroin, cocane pills to people every day. The police department is aware of it, nothing is being done about this. We are killing people, we are killing young people, your daughteL, my daughter, my friends, my friends are dying and what the drug addicts are saying and what the people who are silling drugs are saying, we do not have opportunities because i went out and got bused, or went to jail, went to prison, and I have not been able to get back in society. Let me cut this short by saying that we can't do anything about felonies and crimes they have commited but we can work, we are trying to make them aware of educational opportunities, training opportunities, We can get them to work with us, we are trying to work to up -grading younger people. Our younger people are dropping out of school, I remember when I was in school, it Was my responsibility to be to school every day, Young people are not going to school. What is happening to your younger people? They are in jail, prison, youth halls, youth homes, up in State School or dead, Most of our young people are dying and we start looking at statistics we had over 20,000 graduate 97 $EP 251975 from high schools, froti 12th grade. These younger people are not continuing their education, but they ate weeding away and dying out, 1e must build to up.. grade our young people. We want to work, C. R. A. rJ. Want§ to work and We tied some mediate funds in terms of getting a program administrator and a couple of aids to help administer our program. MAyot Ferre: Lofted, t don't watt to interrupt you, but we have been here All day. I hear in between, half of what you say I don't heart, My third just doesn't absorb it t am so tired. What is your point. Mt, Moncur My whole point is that we do deed sotae help in our prograti. Mayor Ferre: What kind of help? Mr. Moncur: Financial help in trying to administer our program. Mayor Ferre: Now, we have something here which is called aederal Revenue Sharing, we got $1 million, some thousands of dollars we have to decide how to spend. There is a procedure about doing that. gave you trade application for these funds? Mr. Moncur: No, we have not. Mayor Ferre: Would you do so. Is the deadline over now? Mr. Andrews: No, there is no such thing as a deadline. We only set a deadline so we could properly analyze it, etc. Mayor Ferre: Who can Moncur talk to so he can be guided on the format of application. Mr. Andrews: Mr. Joseph Parades, --he is not here, but Mr. Eads will take will take his name and address and we will communicate with him, give him the forms tomorrow, etc. Mayor Ferre: Mr. Eads, would you take Mr. Moncur's full name, address and telephone number. Would you have him contacted tomorrow. And you prepare to make the same speech on the 21st of October. Mrs. Cordon: I think you ought to tell him also he has to say what he is going to need the money for, the proposal. Mayor Ferre: Loften, that will be explained to you by Joe Parades. You do what he tells you now. Make the application, the format, and we will recognize you at that time. Mr. Moncur: May I say, that I appreciate your listening to me, I did not expect to come before the Commission today. I came down to bring some things about the program, but as I was sitting here just thinking, about young people in our community and people like, younger people will lead this community one day, and unless we start doing somethings, --:- Mayor Ferre: Mr. Moncur, you have been saying that for 7 or 8 years, about another 2 or 3 years you won't be able to say young people like me. ..r. Moncur: Right, I am just saying our young people are dying and destroying themselves and you have a lot of programs and spend a lot of money but until we start really working as research people working in Liberty City in this community, --the results are not there for the money we spent. This is what I am saying, Mrs, Gordon ; Are you familiar with what we are working on to develop an overall program for youth? Mr, Moncur: I have heard something about it. Mrs, Gordon; I have a resolution' that needs to be passed but the discussion took place this morning. If you listen to this it will give you the drift of it ---'A resolution requesting the city's office of community affairs and the management analyst team to act as a facilitator to establish the necessary linkages to other city departments in order to Provide a team approach to resolving the highest and best use for the Municipal Justice 98 SEP 251975 Building in tetins of the youth in our cottifiunity and ditetting the city of Matti Youth Advisory Board and Youth Planning Council to continue efforts to implement ati action pto ram with the bepattnteftt of Community Affairs Which shall include ftdetal grants for juvenile dime ptt tehiton,' That is the resolution► that conforms with what we discussed this mottling. RI SOLUTION T6 DETERMINE "DEST USE" or MUNICIPAL Jos -me BUILDING IN TERMS OF THE YOUTH OF OUR COMMUNITY ITY ETC, The toliowing resolution 'Was introduced by Uoi inissionet Uotdott, who moved its adoption: RESOLUTION NO, 75-898 A RESOLUTION REQUESTING THE CITY'S OFFICE O1 COMMUNITY AFFAIRS AND THE MANAGEMENT ANALYST TEAM TO ACT AS A FACILITATOR TO ESTABLISH THE NECESSARY LINKAGES TO OTHER CITY DEPARTMENTS 1N ORDER TO PROVIDE A TEAM APPROACH TO RESOLVING THE "RICHEST AND REST USE" FOR THE MUNICIPAL JUSTICE BUILDING IN TERMS OP THE YOUTH IN OUR COMMUNITY AND DIRECTING THE CITY OF MIAMI YOUTH ADVISORY BOARD AND YOUTH PLANNING COUNCIL TO CONTINUE EFFORTS TO IMPLEMENT AN ACTION PROGRAM WITH THE DEPARTMENT OF COMMUNITY AFFAIRS WHICH SHALL INCLUDE FEDERAL GRANTS FOR JUVENILE CRIME PREVENTION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 56-A REPORT ON TRIP TO ATLANTA; Mr. Plummer: I have two short things Father, one involves you so listen, Mayor Ferre: I am listening. Mr. Plummer: This is for your benefit. W. Mayor, as you requested Father Gibson and myself, Mr. Andrews, Crouch, and especially, Charlie Crumpton ventures on behalf of the City,to Atlanta for the presentation of Maurice Albert as it related to the possible development of Watson Island. I don't want to go through at this time Mr. Mayor and give you a full report. It is being preapred by the Manager, special thanks to Mr. Crumpton, because Mr. Mayor what we did while we were there I think is very significant and I am sure you are going to hear the results of. Mr. Crumpton, taking advantage of the day, set us up for 7 A.M. flight, putting us in Atlanta, the first thing we did is go to the Underground and walked right into Lester Maddox and Father was ready to get back on an airplane. Other than that we spent about 2 hours at the counterpart of DDA in Miami which is the Community Atlanta Progress, W. Mayor, this city is so far behind the City of Atlanta it is unreal. Mrs. Gordon: Do you like Underground? Mr. Plummer: No, not Underground. In reference to the DDA, CAP,--- Mr, ,Andrews; --redevelopment of downtown Atlanta, Mrs, Cordon; I thought Und.*rground was a terrible thing, Mr, Plummer; It is horrible, ---we left there Mr. Mayor and we went from that place to a place called Colony Square which is two huge office buildings, apartments, a hotel, all inter —connected as one project with 3 levels underground, SEP 251975 a fartteatit project. Mayor Vet te': That is the one we saw. Mr, Plu ther with the ice skating rink. `Mien we left there Mr. Mayor and went to a thing called Peachtree Center in which we had lunch it the most beautiful garden you ever saw, this is 5 major office buildings including the fiat House, including the new 70 story cylinder hotel, whieh they are ready to pour the last floor ott, all connected undergtouttd, at the 16th floor level and at the roof with the exception of the hotel they are getting ready to break ground, listen to this because it is going to affect us extremely, for a 1 million square feet rnerehandise matt, all being tied underground. We left there and went to Otnni International and ott that project is of course ghat Mr. Andrews will be making a full report to you. 1 think Pather Gibson and I both agreed on one thing coming back its the plane, we were greatly impressed the way the City of Atlanta is moving. We have great ideas of what we would like to see copied and duplicated here in Miami. So Mr. Mayor, so that you can't be accused later, I just wanted a capsule to tell you yes, we didn't do just what you asked, we spent the entire day in Atlanta and only through the efforts of Charlie Crompton was it possible because of his knowledge and his association with people and I want to tell you something, Mr. Mayor, the city paid about $100. for me to go up there, but they are going to get back thousands worth of knowledge. It is unbelievable. Rev. Gibson: Let me make this observation, what really impressed me was something you have been saying but I don't think we caught the vision of it. I was tremendously impressed the way government and the private sector were melted together, meshed together; they were not enemies, they were friends. And you saw the lighting up of things, mutual understanding, ----where people say, look man, it doesn't make any difference to us, we want to get this thing moving, ---come let's go. Unless we get that attitude in this community, you know what is going to happen to us, we are going to die on the vine, die on the vine. Mayor Ferre: That is why I ran for office, --- Mr. Plummer: ----that CAP in Atlanta has 140 members. Everyone of those members have to either be the president of chairman of the board of their business in downtown Atlanta. Their Action Board, their Executive Board is 40 members, none involved in the public sector. They had 2 commissioners from the City of Atlanta, who themselves withdrew because this board is something we are lacking, and that is the go-between between private and public sector. I am going to tell you something, there is a city that is on the move. It is unbelievable. Mayor Ferre: Let me tell you what the real basic, ----you have to understand things, you can't judge them in the end results if you don't understand where they are coming from. Atlanta went the opposite, absolutely diametrically opposite direction than Metropolitan Dade County went. Rev. Gibson; Amen. Mayor Ferre: Instead of having Fulton County take over the City of Atlanta, the City of Atlanta took over Fulton County, and what happened was, and I am gong to put it right out, -----some of the white folks aren't very happy, because what happened is, that Atlanta is mainly a black community, and the black community dominates, and you have a black Mayor and black police chief, and commissioner, and what have you, --but I am going to tell you something, once they got over the initial shock of the whole thing, you watch and see, and I am going to tell you that in the next 10 years that is going to be one of the healthy communities in the United States, because the balance coming out of that, racially, business, private, public and every direction is so alive, and so full of things happening, that it is unbelievable. I'll tell you another difference, Atlanta is the Capitol of the State of Georgia, let me tell you another reason, Atlanta has almost full autonomy ----they do anything they want, The City of Atlanta is stronger than the government of Georgia, I would rather be in Georgia ,-I would rather be the Mayor of Atlanta as a politician, than the Governor of Georgia. It is not quite as strong as Chicago, Illinois but it is similar, the Mayor of Atlanta is a stronger political figure in Georgia than the governor of the State. 1 00 S P251975 Mts. Cordon hey don't have a manager form of govertithent? Mr. Mummer: Rose that is part of the problem. They were very truthful With us up there. Not only did Maynard Jackson► take over as Mayor but he tame in exactly at the transition of a strong Mayor, and 1 don't care who came into that scene taking over the transition of going to a strong Mayor form of governtrieft, is just going to be chaos and they are tow getting down itio their cotrtthissielets are the sane as our departthent heads and it is with the, --.the Mayor proffers the name With veto being held by the Council. Mrs. Gordon: Isn't Hialeah like that? Mr. PlutMer: Sittilar,--==- Mayor Ferre: --Similar, it is a strong Mayor form of government, it is that simple. . Mr. Plummer: I'll tell you Mr. Mayor, this city should immediately instigate action for the reform of the DDA, downtown. Mayor Ferre: That is all coming, 1 know, and 1 have been remiss, and I want to admit it. I have working on this for two years now to try to get this DDA, if you will be patient with me just a little bit longer, in another month or two, or less maybe, I'll have this whole thing where I'll have a specitif proposal to the City of Miami Commission on the reform of the Downtown Development Authority which is long over -due. Mr. Plummer: Mr. Mayor 1 have a packet that I just received Paul, and you are privileged to copy it if you want. I have full pack of just the segment of the CAP program that relates to Downtown activities. Those activities are concerts in the streets, right on down to puppet shows,- Mayor Ferre: I have seen the same thing in Boston, I hve seen it in many American cities. Mr. Plummer: It is unbelievable. Mayor Ferre: Let me tell you another basic difference, and now we are getting into philosophy and it is almost 6 so let's move along, but let me leave you with this thought. In Atlanta, when you got a problem, where you are going to do something about major investment, you get on the phone and call Mr. Rich. Now, Mr. Rich, that is his name, owns Rich Department Store. Rich's Department store is bigger than Burdine's and Jordan Marsh put together, and the boss is right there, and he is interested, and available and he can say I want $50,000. donation for a program that affects youths in the center of Atlanta, he considers it, and he makes the decision, and the same thing about every now, you look and see to where the money, --the power structure is based on where the money is. Who is the power structure in Miami? An airline, --who do you talk to in the airline, ---the Southern Bell company, the Florida power & Light Co. ---with the exception of Wometco and maybe two or three others, who do you talk to. If you talk to the president of Jordan Marsh, who is a very nice man, he has to get the approval of Federated Stores, or whatever it is, and his boss is ahead of him, ----you can't talk to anybody around here. Rev. Gibson: Amen. Mayor Ferre: In Atlanta, the Mayor, Maynard Jackson, can get on the phone and he call Alpert and say, Alpert tomorrow morning at 8:30 in the morning I want you to put together for me, I want every wealthy businessman, anybody that has money in downtown, I want them at 8:30 in a restaurant, then I can bring my police chief and I can bring this guy and the preacher from this church, and put them all together. If I did that, first of all, who am I going to call and secondly once I call them, who is he going to call? Rev. Gibson: Mr, Mayor there was something else very interesting, One citizen, this further substantiates what you said, they told us how that there was a piece of land in the heart of the city that was necessary to had for the welfare of that community. This piece of land.was worth 10 million dollars, one citizen comes up and he gives 10 million dollars for the piece of land, Later on, they needed 3 million more, and the same citizen comes up and says here is 3 million dollars, If you asked somebody in this town to give you SEP 251975 13 million dollars, they would know we Were traty, Mayor Ferre: Wit, we got Mr. Gustaf:. kev. Gibson: 1 added after I had said that, 1 oh, Mr. Gustnan Makes me take back half of what I said, Mt Plummer: father, tell it like it is, 11e didn't just give theta, he walks into the Mayor's office with an old brown portfolio, acid the guy didn't know what he was there for, he had never spoke to hit in advance, this old man with his decrepit little old attorney walks in and says Mr. Mayor 1 want to talk to you. He walks it, opens his battered old portfolio, and he says here is 10 trillion dollars worth of Coco -cola stock, go buy the piece of property. Mt. Andrews: Let the make this one observation, this is not original with the but I think it is very germane to what you are talking about. Twenty-five or thirty years ago, when you talked about Georgia, you talked about a state you imagined was rural, ---- Mayor Ferre: Not Atlanta, Atlanta has never been rural, - Mr. Andrews: I said Georgia, ---now when you talk in terms of Georgia you think of Atlanta. That didn't just happen by accident. There was real design in that. You have to get the State of Florida, Dade County, become interested in Miami if you are going to create the same kind of conditions they have there. Mr. Plummer: I would like to conclude by asking you on behalf of the Commission to send a letter of thanks to Charley, ----what was the guy's name? that your office would send out a letter thanking him for handling this delegation and also for Maurice Albert for putting on the presentation. Mayor Ferre: Would you do that for me? You talked a lot but you still haven't told us, you went up there for a specific purpose, and that was to talk about Watson Island. Mr. Plummer: That we are going to incorporate in the report. Mayor Ferre: Okay. 56-B: APPOINTING LOFTEN MONCUR TO YOUTH ADVISORY BOARD: Mrs. Gordon: May I ask you Mr. Mayor, on item 33 which was the appointments of members to the City of Miami Youth Advisory Board, if I might add the name of Loften Moncur because he would like to serve. Mayor Ferre: I second the motion. Mrs. Gordon: His address is 15931 N.E. 18th Court. Mayor Ferre: Just add the name. 57, PENSION FUNDS - MISCELLANEOUS DISCUSSIONS Mr. Lloyd: You have a packet in front of you with a little index as to ::ghat is going on, -'A resolution expressing the intent of the commission of the city of Miami that pensions paid for retired employees of the City of Miami be reviewed not later than July 1. of each year for the City Manager in order to determine whether an adjustment is appropriated because of a change in the cost of living and if it is determined that an adjustment. is appropriate determining the appropriate amount of the adjustment, submitting his findings recommendations to the commission for appropriate adjustment to be made', that is the motion, the resolution to Father Gibson, requested us to prepare, Mrs, Gordon: Which one is that, I don't have it, Rev. Gibson: Mr, Mayor, I talked with the employees, Mr, Lloyd since you got that together, and the employees were not too satisfied with that wording ,,...,they thought that what: we should really do, is to have the retirement people along with the employees and the Manager come up with a meaningful package ----whets 102 SEP 251975 they said was, that this is tto more than, being polite. They Watt a written policy that all of you cats agree upon and that Mould avoid them coming here every year, with their hat it their hated. 1 would like Mt. Lloyd, instead of pess1tig that resolution, to have the Mattaget have the Mayor,=-i,esk the 14attager to get itt touch with the retirees that Mr, %1ilcox represents attd them that the fire and police departmettt people and somebody out of the other porttnn of city employees, sit together within 30 days ettd give us a meatiittgful docuttt that froth tow oft, we don't have to do this anymore, come With hat irk hattd. 1 think that would be better, That is their with. Mayor Ferre: All right, 1 agree. Mr, Lloyd: We will skip this acid move on to the next one, Mayor Ferret Move to the text one. Mr. Lloyd: The next one is an ordinance amending certain subsections of the Miami city employees retirement system, ordinance No. 2230 December 6, 1939 as amended, and the Miami General employees retirement plan ordiance No. 5624 May 2, 1956 as amended, as appearing its codification forth as a part of chapter 2 of the Code of the City of Miami. Florida 1957 as amended more particularly amending subsections D, 2 and E of Sec. 93 of Said chapter in subsection B 2 and E of Subsection 110 of said ch. 2 providing for the accrued liability contribution to be amortized over a 35 year period commencing October 1, 1975, repealing all ordinances and code sections or parts thereof in conflict, insofar as they are in conflict, declaring this ordinance to be an emergency measure, dispensing with the requirement of reading the same on two separate days by a vote of not less than 4/5 of the members of the commission, Mayor Ferre: Who moves? Reboso moves, Father Gibson seconds it, this puts it to 35 year rather than the 20 year. Is there further discussion? Ca11 the roll,---- Mr.Southern,City Clerk: Mr. Plummer? Mr. Plummer: No, ---- Mr. Southern: Mr. Reboso? Mr Reboso: Yes, ---- Mr. Southern: 'Rev. Gibson? Rev. Gibson: Yes, ---- Mr. Southern: Mrs. Gordon? Mrs. Gordon: We have a problem, you need a 4/5 vote. Mr. Lloyd : That is right, - Mayor Ferre: I don't see how you can really vote no,--- we have to vote for or against it, --if it fails, it fails, Nothing we can do about it. We want this to go on record how everybody feels about this. No use tippy-toeing around thig ane. Let's face it with the door open, head-on, vote, ----- Mrs. Gordon; Defer, it for about 10 minutes. Mayor Ferre; I'll defer it for 10 minutes, So we will take up the other items and come back to this before we break. • 58, EMERGENCY ORDINANC: 5Y 3/4% INCREASE PENSIONS FOR R TIRED PERSONS AN ORDINANCE ENTITLEb- AN ORDINANCE PROVIDING FOR AN ADJUSTMENT EFFECTIVE AS OF OCTOBER 1, 1915, IN THE PENSIONS OF ALL BENEFICIARIES OF THE MIAMI CITY EMPLOYEESRETIREMENT SYSTEM AND Or THE MIAMI CITY GENERAL EMPLOYEES* RETIRE,- MENT PLAN SO THAT AS RESPECTS EACH BENE- F/CIARY AS OF SUCH nAn. THE PENSION BENEFIT SHALL BE INCREASED BY AN AGGREGATE AMOUNT DETERMINED BY INCREASING THE PENSION BENE- FIT BY THREEQUARTERS OF ONE PERCENT (3/4 OF 1%) OF THE PRESENT BENEFIT FOR EACH YEAR SINCE THE RESPECTIVE DATE OF RETIRE- MENT FOR EACH BENEFICIARY AND PROVIDING THAT THE AMOUNT OF EACH SUCH INCREASE SHALL BE ADDED TO THE PRESENT PENSION BENEFIT, AND THE RESULTING AMOUNT SHALL HENCEFORTH BE PAYABLE ON A MONTHLY BASIS; AND BY FURTHER PROVIDING THAT FOR PURPOSES OF APPLYING THE ORDINANCE PROVISION OF ORDINANCE NO. 7798, ADOPTED SEPTEMBER 25, 1969, PERTAINING TO VARIABLE UNITS OF RETIRE- MENT INCOME, THE ADJUSTED PENSION BENE- FIT AS HEREINABOVE DETERMINED SHALL BE USED AS BASE MONTHLY RETIREMENT ALLOW- ANCE FOR THE COMPUTATION OF BENEFIT CHANGES, IF ANY, WHICH ARISE BY REASON OF CHANGE IN THE VALUE OF VARIABLE UNITS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; AND DISPENSING WITH THE REQUIREMENT OF READ- ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer 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: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J, L. Plummer Mayor Maurice A. Ferre NOUS; Woo, Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso CommJssioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J.J L, Plummer Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8463 g 5 197 `!he City Attorney read the ordinance into the public record and anttotinted that copies t ete available to the City Cott iissiott and to the public. 5, REPOT I3Y CITY ATTORNEY LEGISLATIVE PROCEDURES Mr. Lloyd: You will notice, t neglected to Mention this in the beginning that you have a memo from tie on the Florida Legislative activity of city for 1976 sessione tt is a plan for the say you should handle your legislative activity which I have worked out with Mr, gisser, and members of my staff and I suggest you read it and act otk it at the nett cotttniission meeting it is not necessary for me to read it to you, it is there in this packet but you will recall that Mr. Mayor you and the members of the commission decided that out activity last year was not sufficient to have an efficient ... of_our interest with the State Legislature. This plan hopes to do than have submitted a copy of it to the City Manager. 1 recommend you adopt a plan somewhat necessary to this and authorize us to proceed in this fashion. Mayor Ferre: I am sorry, that last sentence, John --- din Mr. Lloyd: If you will notice I have submitted to you a report regarding Florida legislative activity of the City of Miami 1976 session which I recommend. To save time the plan is all written down. It is a plan I have worked out upon recommendation with Mr. Sisser, our legislative representative, -- Mayor Ferre: Where is it? Mr. Lloyd: You have it in the packet, and I suggest you peruse it and attempt to act on it at the October 7th meeting. Mayor Ferre: I haven't seen it. Mr. Lloyd: It is the first page of the packet you have got, underneath that index. Mayor Ferre: Oh, I see, I understand, I beg your pardon. Mr. Lloyd: Rather than belabor it this evening, time is of the essence because the committees are being formed now. 60, CHANGE DATES OF NOVEMBER 1975 CITY COMMISSION MEETINGS The hollowing resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-899 A RESOLUTION CHANGING THE DATES OF THE REGULAR CITY COMMISSION MEETINGS IN NOVEMBER, 1975 FROM NOVEMBER 13TH AND 27TH TO NOVEMBER 6TH AND 24TH 1975 RESPECTIVELY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES; None 5 1975 tit DECLARE fcTOtER 27TH AS OFFICIAL O SRRVANEE IN THE CITY OF MIAMI VETERAN'S DAY The following resolution was introduced by Cotr ttlssio:ter Pttmmher, who thoVed its adoption: RESOLUTION NO. 75.,900 A RESOLUTION DECLARING OCTOBER 27, 1975 AS THE DATE ON % IICH THE CITY OF MIAMI WILL OBSERVE VETERANS* DAY (Here follows body of resolution, omitted here and on file itt the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed attd adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferree NOES: None. FREE USE OF WATSON PARK 62. SRE HowMOBILE SPANISH HERITAGE WEEK The following resolution was introduced by Commissioner REboso, who moved its adoption: RESOLUTION N0. 75-901 A RESOLUTION GRANTING THE REQUEST OF CASA DE ESPANA, INC. FOR FREE USE OF WATSON PARK AND THE SNOWMOBILE ON OCTOBER 12,1975 FOR SPANISH HERITAGE WEEK (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor. J. L. Plummer Mayor Maurice A, Ferre. NOES: None FREE USE OF ROBERT KING HIGH PARK BOY SCOUTS OF AMERICA CAMPOREE The following resolution was introduced by Commissioner Gordon, who moved its adoption; RESOLUTION NO. 75-902 A RESOLUTION GRANTING THE REQUEST OF THE BOY SCOUTS OF AMERICA THROUGH ITS CALUSA DISTRICT EXECUTIVE, ALEX KRUK, FOR THE USE OF ROBERT KING HIGH PARK ON NOVEMBER 7TH THROUGH NOVEMBER 9TH, 1975 TO STAGE A CAMPOREE (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J, L. Plummer Mayor Maurice A. Fero 6 NOES; None, SEP 251975 4, AUTHORIZE MANAGER TO ONSTRUCTtON OF BAYPRONT PARK 'UNDER TERMS FILE APPLICATION FOR GRANT OP PUBLIC LAW 0-136 AS AMENDED The following tesolution was introduced by 'Commissioner Piunt net, who coved its adoption: RESOLUTION NO. 75-905 A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH TUE DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OP COMMERCE, P'OR A GRANT TO AID IN FINANCING THE CONSTRUCTION OP MIAMI EAYFRONT PAR: UNDER THE TERMS OF PUBLIC LAW 90- 36 AS AMENDED (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 vas passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 65, PENSION AMORTIZATION -35 YEAR FUNDING DISCUSSION - FAILED TO PASS AS EMERGENCY ORDINANCE Mayor Ferre: All right, on the roll call as to whether or not to go to a 35 year ammortization on the pension plan,or to leave it at 20 year, we are now on the roll call. So start the roll call over. Mr. Plummer: No, it is not leaving it as it is 20 years because that is a 35 year ammortization starting October 1, not 20 years that goes back to 1965, it is already 10 years ammortized, that is cut off and starting everything anew. Mayor Ferre: I understand. Call the roll, Mr. Southern: Mr. Plummer, Mr. Plummer: No, -- Mr. Southern: Mr. Reboso,-- Mr. Reboso: Yes,---- Mr. Southern: Rev. Gibson, -- Rev Gibson: Yes, ---- Mr. Southern: Mrs. Gordon--- r"s. Gordon: No, ---- Mr. Southern: Mayor Ferre. Mayor Ferre; T vote yes, but I want to say at this point, the budget obviously cannot be passed by October 1st unless we increase taxes. Mr. Plummer: 1 disagree with that statement. That is one alternative. Mayor Ferre: You te1l me what the other alternative ie, Mr. Plummer; The other alternative is go back and consider the budget. Which I brought to you the other day, I will not accept your statement that the only thing that can be done is to increase taxes, Mayor Ferre; We have to reduce the budget by 3 million dollars, 107SEP 251975 Mt. Plummet No one has spoken Mr. Mayor into the middle of it. it is very simple as fat as I am contented afid 1 am not going to rehash, but I at goitrg to shake one statement, there has Clever been arty question itt my mind and stated by the actuary here, please somebody correct me it f am wrong, to take attd artiortiee this loss of $145,000,000. over the additional period of time will cost the taatpayets 25 to 20 percent m[,re money, more mot►ey,based on that Mr. Mayor I have to vote against it. I said that from the beginning. Mayor Perre: Wait a moment 1 want to make a little statement, we go by the advice of experts, we have actuaries by the Marne of Itruse and Ling attd Conner, ----they have been advising the city of Miami for years, we have accepted their advice. Mr. Plumt►er: Correct. Mayor Perre: Their advice is that this is a fiscally conservative, acceptable avenue to travel on. No. 1. Mt. Plummer: No, sir, I disagree with your statement. Mayor Perre: That is the way I understand it. Mr. Plummer: Let me correct your statement, because Mr. Gong brought it out the other day, very clearly. When they receive a letter from the Manager saying here is how much money I can afford, now tell me how I can do it, that was the answer you got, how you can do it within $160.00. Mayor Perre: If I were to accept that then I would move immediately to fire Kruse, Connner and Ling, ----let me finish my statement and I'll let you finish yours. ---what I am saying is, if we accept that, then Kruse Conners and Ling are people that are dishonest becuase they are then led by what the Manager tells them to say, and I don't want advisors who do what the Manager tells them to say, because if that is what they are going to be doing, then what do we need them for? Now, I accept Mr. Kruse, Ling, Conners as honorable, honest professionals that are giving us honest advise and if I take them at face value and read what they said, in their report to us, they said that was fiscally acceptable, No. (1), No. (2), it is not unsimilar to many governmental agencies are doing, as I understand, and correct me if I say something wrong, in the State of Florida, other major cities throughout the nation , including the federal government which goes to 35 years ammortization. Let me put it to you this way, if it is good enough for the federal government and if it is good enough for the State government, and if it is good enough for the private industry which goes, the vast majority on 35 year, it is good enough for the City of Miami. Mr. Plummer: Let me correct you, first of all the Manager will admit, --- he has to, we have the letter, that he sent a letter to Kruse, Conner and Ling, .(11ing them in that letter that he had parameters of 8.1 million to 8.2 million to spend and if he didn't have a report back within those parameters that, he was in serious trouble, now how could he accomplish it? Your answer is what you received from Kruse, Conner and Ling, within $160.00. Mnvor Perre:--which is acceptable to me, ---- Mr. Plummer: No, sir, your pension ordinances say, that the Manager, r'ie City of Miami will surrender a blank check and whatever it takes to make that fund sound. It does not say the Manager will dictate, it doesn't say the Manager will infer, it say, you send a blank check to the actuaries, and they will fill in the amount it will take to keep that fund sound, Point No. (2), Mr. Mayor I wholeheartedly concur that 35 year funding is fully acceptable, it is done by the State of Florida, and it is good enough for the City of Miami on the advice that when you give a benefit, it is agreed upon, fully explained and fully known at that time that it is 35 year funding, not on funding that has been given for the last 10 years, which was agreed upon understood by this commission as a 20 year funding, You are changing horses in the middle of the stream. Mayor Ferre; I am sorry, Frank had something about the balk eagle, tell me that again, ---- Mr, Plummer; What I said was, I accept, agree and concur that 35 year funding is good, and any benefit from this day forward, that this commission 108 SEP 2319V5 kt%ows, accepts and understands, that a benefit is given, it is for a 55 year funding, 1 am all in accordance, but we ate talking about benefits that have been given over the last 20 years that you ate now changing, and wiping but completely what the commission of that day gave, and yu are changing horses in the middle of the streattt. Mayor Petra! 1 go back to the statehettt that Mr. Kruse and Mt. title trade that it is fiscally acceptable, that it is conservative, and that it is reasonable, and 1 rest my case on that, and 1 test my vote on that. If 1 were trot to accept thettt, then '1 think we should fire the firm and get a new acturial firs► tti give us Mr. Mutter! Can t have a copy Mr. Andrews, of your letter to Kruse. Have you got a copy Of that, there is one paragraph as far as I am concerned, hits the Whole thing right on the head and t want to read it for the record, Mr. Andrews: I think I need to add into the records ---- Mr. Plummer: Paul, you can add anything you want. I have never denied you that right and I won't now. Mr. Andrews: The record should reflect that the two acturial reports that we received from Kruse, O'connor and Ling, follows the format and t would recomtnend that you get reports for that last half dozen years and compare them practically page by page and page by page they will go through an analysis,as they have this year, and when you arrive at page 4, early in the first tabling of information, is the 1975 valuation which gives all the information based on a 20 year plan including the cost to the city in both reports. Then it goes on through all the other statistical information, cost allocations, cost analysis approximate break down of cost by benefit, city of Miami retirement Plan balance sheet, and then it finally arrives at alternative city funding for the 30 and 35 year plan, without any recommendation, merely as information. Mr. Plummer: All right, let me read into the record and let me say from the beginning, anything you referred to, so it is not later about distrust or anything of Kruse, Conner and Ling, I think those people are great professionals, but Mr. Mayor I have to read into the record one paragraph in which the Manager made his point extremely clear, and this reading from a letter dated July 26, 1975 in which the last paragraph states, 'I recognize that your primary concern and responsibility is to supply the city with an acturial acceptable funding plan' --- he recognizes that. Here is the biggie, however, you should be aware that the City will be faced with the most difficult task based on financial information available at this time if the city 75-76 pension funding contribution exceeds a range of 8.1 million, to 8.250 million, Mayor Ferre: Mr. Plummer, if the Manager had not made that declaratory statement in the end of this letter, he would have been irresponsible. Mr. Plummer: Mr.Mayor that Manager does not have that prerogative ur:der Lhe ordinances. Mayor Ferre: It is my opinion the Manager was expressing an opinion which he not only is entitled to have, but in my opinion is under moral obligation to disseminate and to state. He is the one who submits to this commission a budget, it is his responsibility under the Charter, the Manager is fulfilling that responsibility by stating what the problem is, Now, for the acturial firm to come back and conform to that figure, solely based on the pressures of the Manager would be in my opinion a completely dishonest thing for the acturial study to do. and I do not think the acturial people as professionals have done that. They have taken into account what the Manager says, and they have found and concluded that it is reasonable and conservative to make it 35 year ammortization rather than 20 years, Mr. Plummer: Mr. Mayor you are entitled to your opinion. I think it is very, very, coincidental if they did not enjoin coercion from the Manager. It is amazing, they come back within a $160,00,---- Mayor Ferre; So what, that is not what we are deciding here, What we are deciding is, whether or not we accept going to 35 years or we stay with 20, It is just that simple, Now, you voted against it, that is fine, As I understand the vote ----where is the City Attorney, Mr. Lloyd, --we have now voted 3 to 2 against, as i understand it, it fails on an emergency basis, but passes on a regular basis. 109 SEP 2 51975 Mt. Lloyd: tf you want to kttow the gnawer td this thing, •attd pass the budget, you must pass this Mt two readings, you pass the budget rttt the 2nd reading of this or-dina:ice, which you may pasty it on an emergency basis, to the Meantime, if you wish to do it this way, as Mt. Andrews and 1 discussed it, you will pass an ethetgeney ordinance extending the approptiations for this year until the nesting itt which this ordinance is passed and the budget ord ttsttce. Mayor >~erte: I at going to tell you, Mr. Plummer attd Mrs. ,Gordon, since you have voted against this, t put the burden ottboth of you, if you wish, a challenge, if you want to call it that, to come back and tell this corssiott how you would reootmtend that this budget be talented. Mr. Plummer: That is not out job, it is the Manager's job. Mayor petre: I'll tell you, t'li.make it easier for you, then t will vote no with your motion, and let it fail then you tell us how we are going to solve the crisis. Mr. Andrews: it is true it is the Manager's job and I'll carry that out, I have to give you the alternatives and the consequences of paring things down to meet this criteria if you don't go to some other form of generating the revenue, and we have gone over that so many times it has to mean unless you want to reduce services touching police, fire and sanitation that repre- setts 40% of the general fund budget. Mr. Plummer: Let me ask a question, 1 am doing this for the purpose t can't speak for other people. Mr. Lloyd, this vote can be put off till tomorrow can it not? Mr. Lloyd: Yes, --yes,. Mr. Plummer: You continue this meeting over till tomorrow. Mr. Lloyd: Yes, that will be all right. Mr. Plummer: Is that acceptable to you Mr. Mayor? Rev. Gibson: Let me ask this, not an emergency ordinance, you are talking about an emergency meeting with the regular ordinance. We can vote today, let me make sure I understand it, we can vote today as we have, what he have is an emergency ordinance now, that is right, why we need a 4/5 vote. Mr. Lloyd: Correct, Rev. Gibson: If we pass the motion, as a regular motion, and then have a special meeting tomorrow and deal with a regular motion. Mr. Lloyd:Our problem is, the state law requires us on all ordinances except emergencies, to advertise and we advertise between the 1st and 2nd readings and it requires 14 days notice, and the mechanics of getting it in the paper require an additional 3 days, so it is a total of 17 days in between. FEv. Gibson; Even if you put his off until tomorrow, it comes us as an emergency matter. Isn't that right? Mr. Lloyd: You may put it off until tomorrow and reconsider it tomorrow and it you get a 4/5 vote it is passed, then you could proceed at that time to pass your budget ordinance. However if you only get a 3/5 vote it can only be passed on 1st and 2nd reading, Rev, Gibson: Then the 2nd reading will have to be 17 days from now. Mr. Lloyd; Yes, what you could do is, you would then postpone your consideration of the budget ordinance and the millage ordinance until the 2nd reading on this ordinance and you would pass an emergency ordinance extending this year's appropriations until that time. Rev, Gibson; Let' s pass the motion to extend the millege Mr, Lloyd; We would do that tomorrow I would assume unless you want to wait for a few minutes for us to get one ready, 110 SEP 251975 c Rev. Gibaot: Well A bird in the hated is worth two in the bushes. If ut waste all this time with all those other things 1 think ut bttter get it dote totight. Mr. Plummer! Mt. Mayor let me see if 1 understatd this Mr. Lloyd do I understated correctly, that totbOtrft at the tofflibittibil meeting ubiche ue are going to be here anyway, that this thing can still be adopted on an emergency baais tomorrow. Mr. Lloyd: Yes it could be, providing that you eall the emergency meeting for that purpose. The Mayor will announce tonight the emergency meeting is for the following purposes, then what you will have to do is, you will have to reconsider this ordinance. REv. oibsoft: 1111 wait till tomorrow, then. Mr. Plummer: Mr. Mayor i would request this matter be deferred until tomorrow morning, we can still meet the deadline of October ist and let us sleep on it, and we can think about it, and discuss it, ---- Mrs. Gordon: (itaudible) Mr. Plummer: He says it has no bearing Rose. Mr. Lloyd: No I didn't say that, 1 said what you will have to do is bring it up for reconsideration tomorrow. Mayor Ferre: Who can bring it up for reconsideration? Mr. Silver: A member of the prevailing side on the motion, the prevailing side was a member of the defeating side. REv. Gibson: You have the guy right here, on my honor. Mayor Ferre: This is all based on the Mayor calling a special meeting. I may not call a special meeting, I may let you guys just hanr, REv. Gibson: You had better call that meeting now, (laughter) Mayor Ferre: Paul, do you want to pass these other things? Mr. Andrews: I wants you to go ahead if you will please and adopt the resolutions on each one of the employees ratifying Mr. Lloyd: ----authorizing the Manager to ratify the agreements, with employee unions. Mayor Ferre;----'a resolution authorizing and directing the City Manager to enter into an amendment to collective bargaining agreement by and between the city of Miami and emloyee organization known as the Miami Florida city employees local 645 American Federation of State and County, Municipal empployees AFL and CIO, upon its ratification subject to terms and conditions such agreement as set forth in the attached copy thereof, --Plummer moves, REboso seconds, call the roll Mr, Southern: Mr. Plummer? Mr. Plummer: Yes, --- Mr. Southern; Mr, Reboso ? Mr. Reboso: Yes, — Mr. Southern: Rev, Gibson? Rev, Gibson:Mr, Mayor let me ask you as question. Would you pass this and don't have the budget? Mr. Attorney all of the agreement we have made, we have made it with the idea that that budget is what has been proposed' You are asking me 0 pass something that 1 do not have the money with which to fulfill the agreement, 11 1 SEP 251975 Mt. Lloyd: You know Mt. Manager he is right. There is 'ate other thing too, we have had a eoitferthce here and with respect to this prevailing side situatibtt, on the ordinance, oh the 55 year funding, that WAS presented as Fitt emergency ordinante. It did tot piss as an emergency ordinance so therefore the prevailing side are the negatives, so therefore the negatives would have to bring it up for consideration. Mayor fierre: Mr. Lloyd 1 didn't want to argue with you and your ieatt►ed assistant, but ttao years ih the legislature taught the that and there is no question 'Ektat the prevailing side in an emergency ordinance is the it did not pass, so therefore, the prevailing side the one that voted no. Mr. Lloyd: That is right. Mayor 1erre: I am going to tell you something else, but t didn't want to mentioti it to you, but what have done is illegal for this reason, that we voted on this on an emergency basis, and therefore wince it failed, you cannot construe that it passed on a regular basis, so for us to construe it that way we would have make another motion, and you have to pass it on a regular basis. I was going to hold that back and tell you that tomorrow, but l already told you that today. WE have nothing right now. Mr. Lloyd: You have nothing. Mayor Ferre: What I told you is that this resolution has not passed on a regular basis. Mr. Plumrmer:l make a motion we defer it until tomorrow morning. Mayor Ferre: You don't have to make such a motion, Mr. Plummer: Sure, that is instructing you to call the meeting. Mayor Ferre: No, I'll tell you why not. Technically the matter is already voted on and it is dead. The only way you can do that is by introducing a reso- lution for reconsideration on the negative side. Rev. Gibson: Let's vote to reconsider. Mayor Ferre: You can't make the motion. Rev. Gibson: I can't make it, you all have to make it. Mr. Plummer: Tomorrow morning I can. Mayor Ferre: If I call an emergency meeting, --- Mr. Plummer: That is if you don't call it and 3 of us don't overrule you. Mayor Ferre You can't overrule me ':`:r . Plummer: We can, -- Mayor Ferre: Wait a moment, Mr. Lloyd, if I don't call an emergency meeting tomorrow, who else can call an emergency meeting, Mr. Lloyd: 1: think it is 3 members of the commission. Mayor Ferre: You only have two, --you are stuck,- --he only has two,---- he call a special meeting. Let's get back to reality now, I am going to call a special session tomorrow and then we will reconsider it. Rev, Gibson; It is agreed that we cannot pass this until we have the money. Mayor Ferre, Is that anything else to come before the commission at this time? Mr, Plummer; Mr, Mayor may 1 have one clarification at this point, that clarification is from the attorney, if this were passed as proposed, at 112 SEP 251975 SS yeat tuftditg, 1 watt an opinion right MN that this mild be ehaftged next year, Mr. tloyd: Yes4 this is aft otdinaftet which nay be amended. The commission has the right to ametd aft ordinaftte. Mt, Plutmer: We could change it back to the 2t years fteRt year, Mt. tloyd: Yes, sit, by at ordinance. Mayor Vette! We stand adjourned, there being to further busiftest to5 tome before us. NOTE: The Commissioh adjourned at 6:34 o'clock P.M. MAURICE A FERRE. MAYOR ATTEST: HD. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 10 11 12 13 �Y OP 111i_"�AMI DOCUMENT INDE OCUt€UF I t IFICAT1ON COMMISSION AGENDA AND CITY CLERK REPORT GRANTING ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 2110 BRICKELL AVE. BY THE ZONNING BOARD. GRANTING THE APPLICATIONS SET FORTH HEREIN FOR THE TRASNFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. MANIFESTING THE SUPPORT FOR THE ESTABLISH- MENT OF A FOREIN TRADE ZONE IN THE GRAETER MIAMI AREA. ACCEPTING THE COMPLETED WORK PERFORMED BY FRISA CORPORATION, AT A TOTAL COST OF $ 59,250.00 FOR' THE VIRGINIA KEY FILL. ACCEPTING THE COMPLETED WORK PERFORMED BY DECONCO INC. AT A TOTAL COST OF $37,082.25 FOR THE WAINWRIGHT PARK IMPROVEMENTS. ACCEPTING THE COMPLETED WORK PERFORMED BY REDLAND CONSTRUCTION INC. AT. A TOTAL COST OF $58,950.00 FOR THE BICENTENNIAL PARK PHASE II. DIRECTING THE CITY MANAGER TO EXECUTE AN INSTRUMENT FORMALLY CANCELLING THE OCTOBER 14, 1968 CONVENANT OF THE SHOPPING CENTER LOCATED AT CORNER OF N.W. 22 AVENUE AND 11 STREET, CITY OF MIAMI. REVOKING THE AUTHORITY GRANTED UNDER RESO- LUTION NO.75-643, WHICH ACCEPTED THE BID FROM DOWNTOWN CRHYSLER- PLYMOUTH. RATIFYING ACTION TAKEN BY THE CITY MANAGER IN ACCEPTING THE BID FROM NORTHSIDE MOTORS AND FROM COLONIAL DODGE, CONFIRMING THE ACTION TAKEN BY THE CITY MA- NAGER, IN ISSUING AN EMERGENCY PURCHASE ORDER TO PHILADELPHIA GEAR CORP, FOR THE SUM OF $8,824.00 AUTHORIZING THE ISSUANCE OF A PERMIT TO ALLAPATTAH YMCA AND THE CUEAN UNIT OF THE JACKSON MEMORIAL HOSPITAL'S MENTAL HEALTH PROGRAM, FOR AMUSEMENT RIDES, AUTHORIZING THE ISSUANCE OF A PERMIT TO ST DOMINIC'S RECTORY FOR AMUSEMENTS RIDES. M "E'r N G DATE: SE'TEM ER 25, 1975 COMMISSION ACTION -75-858 R-75-866 R-75-871 R-75-874 R-75-875 R-75-876 R-75-877 R-75-878 R-75-879 R-75-880 R.-75-881 R-75-882 RETRIEVAL CODE_NO,, 0066 15-858 75-866 75-871 75-871 75-875 75-876 75-877 75-878 75-879 75-880 75-881 75.4382 Assirmisik :TM tN6. 18 19 20 21 22 23 24 25 26 27 a UMEN*NDEx ONTINUED DOCUMENT t 1EWTIPICATION ACCEPTING THE PLAT ENTITLED MOR-LEN SUE - DIVISION , A SUE DIVISION IN THE CITY OF MIAMI. AUTHORIZING THE DIRECTOR 0P FINANCE TO ACCEPT THE SUM OF $95.00 IN PULL AND COM- PLETE SETTLEMENT IN THE CLAIM CITY OF MIAMI VS. ANDRES FALCON. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DORIS M. COPELAND, THE SUM OF $20,000.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI. RATIFYING ACTION TAKEN BY THE CITY MANAGER IN AWARDING BID TO A.A. COATING INC. FOR TENNIS COURTS RESURFACING AT A TOTAL COST OF $5,800.00 APPOINTING NEW BOARD MEMBERS OF THE MIAMI YOUTH ADVISORY BOARD. ACCEPTING THE BID OF M.P.M. CORPORATION IN THE AMOUNT OF $156,473 FOR THE CONSTRUCTION OF SOUTHERN DRAINAGE PROJECT E-35 ACCEPTING THE BID FROM ALLIS CHALMERS INC. FOR FURNISHING ONE INDUSTRIAL SWEEPER AT A COST OF $7,356.00 ACCEPTING THE BID FROM TIECO INC. FOR FURNISHING ONE HYDRAULIC SEVEN GANG MOWER AT A COST OF $14,500.00 ACCEPTING THE BID RECEIVED FROM H.F.MASON EQUIPMENT CORP. FOR FURNISHING ONE EARTH AUGER, MOUNTED ON A TRUCK, AT A COST OF $40,827.00 ACCEPTING THE BID RECEIVED FROM HUBERT H. HANSEN, FOR FURNISHING TENNIS COURTAINS AT SIX PARKS FOR THE SUM OF $5,057 ACCEPTING THE BID RECEIVED FROM M.R. HARRI- SON CONSTRUCTION CORP. IN THE AMOUNT OF $ 3,473,000.00 FOR THE BICENTENNIAL PARK PHASE II, 1975. AUTHORIZING THE PURCHASE OF TWO REPLACEMENT INCINERATOR ASH TRAILERS AT A TOTAL COST OF $51,000,00 AUTHORIZING THE CITY MANAGER TO UTILIZE UP TO $ 31,300,00 TO ACCOMPLISH THE REBUILDING OF TWO CITY OWNED TRUCK TRACTORS. REQUESTING THE CITY MANAGER TO CONTINUE THE STUDY ON THE FESEABILITY OF WATER BORNE TRANSPORTATION SYSTEM, Page-2 75-883 75-884 75-885 75-886 75-887 irthsi R-75-883 R-75-884 R-75-885 R-75-886 R-75-887 R-75-888 R-75-889 R-75-890 R-75-891 R-75-892 R-75•-893 R-75-894 R-75-895 R-75-89 6 34 UMENT'iNDEx ONTINIIJEDPage3 DOCUP4 P4'f !D NT rXCATION ACCEPTING THt PROPOSAL FOR A TOTAL DESIGN PLAN FOR"THE SENSORY GARDEN FOR THE i#ANbI� CAPPED " IN BICENTENNIAL PARK. REQUESTING THE CITY'S OFFICE OF COMMUNITY AFFAIRS TO RESOLVE AND BEST USE OF THE MUNI CIPAL 3USTICE BUILDING. CHANGING THE DATES OF THE CITY COMMISSION MEETINGS IN NOVEMBER 1975 FROM NOVEMBER 13TH AND 27 TH, TO NOVEMBER 6TH AND 24TH RESPECTIVELY. DECLARING OCTOBER 27,1975 AS DATE ON WHICH THE CITY OF MIAMI WILL OBSERVE VETERANS' DAY. GRANTING THE REQUEST OF CASA DE ESPANA INC. FOR THE FREE USE OF WATSON PARK ON OCTOBER 12, 1975 FOR THE SPANISH HERITAGE WEEK. GRANTING THE REQUEST OF BOY SCOUTS OF AME- RICA FOR THE USE OF ROBERT KING HIGH PARK TO STAGE A COMPOREE. AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, FOR A GRANT TO AID IN FI- NANCING THE CONSTRUCTION OF MIAMI BAYFRONT PARK, UNDER THE TERMS OF PUBLIC LAW 89-136 AS AMENDED. N Ri75-897 R-75-898 R-75-899 R-75.900. R-75-901 R-75-902 R-75-903 —t=mbilimmoss 75i897 75..898 75'-899 75-900 75-90.1 75-902 75-903