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HomeMy WebLinkAboutCC 1974-02-06 Minutes1 MIAMI CITY COMMISSION MINUTES OF MEETING HELD ON WFnNFSnpv, FEBRUARY 6. 1974 PREPARED BY THE OFFICE OITTHYEE ACLCITY CLERK C H, D. SOUTHERN CITY CLERK RALPH C, ONGIE ASSISTANT CITY CLERK ITEM NO. 1. 2. 3. 4. 5: 6. 7. 8. 9. 10. 11. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT CHANGE ZONING CLASSIFICATION LOTS 3, 4r 5 - BLOCK 18 SHORECREST COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT. PRESENTATION TO RETIRING CHIEF L. KENNEY CLASSIFICATION FOR DRUG REHAB CENTERS BI-LINGUAL COMMUNICATION OPERATORS ORDINANCE EXTENDING COCONUT GROVE VILLAGE BUSINESS INTERIM DISTRICT N. W. 51 TERRACE ALLEY IMPROVEMENT DISC. SELECTION OF BOARD MEMBERS - FEDERAL REVENUE SHARING FUNDS APPOINTEES TO SERVE ON STATE REGIONAL MANPOWER PLANNING BOARD PERSONAL APPEARANCE- ATHALIE RANGE AFRICAN SQUARE PROJECT RECEIVE. OPEN. READ AND REFER TO MANAGER - BIDS AUTHORIZED TO BE RECEIVED FOR *4,000,000 AND •2000,000 BONDS 12. PERSONAL APPEARANCE- MRS. RANGE- CONTD. 13. INTRODUCTION OF NEW ASST. CITY ATTORNEYS 14. MISCELLANEOUS PROCLAMATIONS, PLAQUES AND CERTIFICATES OF APPRECIATION 15. AWARDING S4000,000 AND S2000,000 BONDS 16. REQUEST PUERTO RICAN GOVERNMENT TO ESTABLISH OFFICE IN MIAMI 17. PROPOSED CHILD DAY CARE CENTER AT WYNDWOOD PARK 18. EX -ADDICTS ORGANIZATION - REQUEST FOR. SUPPLIES AND MEETING PLACE 19. MIAMI-METRO JOINT ACTION COMMITTEE DISCUSSION 20, WAIVE RENTAL FEE-MIAMI STADIUM THE POPE SPEAKS (open mass) 21. CITY GAS CO OF FLA. PERMIT TO CONSTRUCT 2 INCH SAS NAIN 22. WESTERN DRAINAGE PROJECT E-30 ALLOCATING FUNDS 22A ALLOCATE FUNDS FOR MORNINGSIDE PARK POOL SECURITY FENCING-1973 ORDINANCE OR RESOLUTION NO DISCUSSION & DEFERRED MOTION DISCUSSION DISCUSSION ORD. 8229 DISCUSSION DISCUSSION DISCUSSION DISCUSSION RES. 74-81 MOTION MOTION RES.74-82 --- MOTION MOT.74-83 DISCUSSION DISCUSSION MOT.74-84 RES.74-85 RES.74-86 RES.74-87 5-, 11 13-16 16 16-17 17 17-25- 26-27 27-28 28-30 30-32 32 >r: 32n33 33 ITEM NO. 23, 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40, 41. 42. 43. 44. • MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ISSUANCE Or COMMERCIAL WASTE COLLECTION LICENSES INCLUDE SOCCER GAMES IN PARKING PERMITS FOR ORANGE' BOWL ADD PSYCHOLOGISTS TO PROFESSIONAL LIST SCHEDULE OF LICENSE TAXES SUB -GRANT AGREEMENT WITH DADE COUNTY city emerdancy amploymetn act public employment program DRAFT NOISE POI!LUTION CONTROL ORDINANCES WAIVE RENTAL FEE -DINNER KEY AUDITORIUM FLORIDA GOLDEN GLOVES TOURNAMENT AUTHORIZE PURCHASE -24 TONS OF FERTILIZER BID AWARD -TREE TRIMMING SERVICE BID AWARD- 4 COLOR POSTERS FACSIMILE SIGNATURE OF CITY CLERK ON BONDS APPROVE PROPOSED EXPANSION OF FEDERAL URBAN HIGHWAY AID SYSTEM APPOINTMENT TO STATUS OF WOMEN- SILVIA KESSLER ACCEPT AFRICAN S&UARE PROJECT IN PRINCIPLE DISCUSSION ITEMS- MR. PLUMMER PUBLIC HEARING -RENAMING OF WYNDWOOD PARK TO ROBERTO CLEMENTE PARK RESOLUTION REflUESTING GOVERNMENT OF PUERTO RICO TO ESTABLISH AN OFFICE IN MIAMI CONSULTANTS PRESENTATIONS- ANALYSIS OF CIVIL SERVICE EXAMINATION PROCEDURES AFFECTING THE POLICE DEPARTMENT ENERGY CRISIS DISCUSSION AND PROPOSALS CONCERNING GASOLINE PROPOSED ORDINANCE -PROHIBIT COMMERCIAL ACTIVITY INCLUDING MAKING OF MOTION PICTURES IN RESIDENTIAL AREAS OF THE CITY OF MIAMI REVIEW OF POLICE OPERATIONS ORDINANCE PROVIDING NEW PENALTIES FOR THE OFFENSE OF PROSTITUTION DISCUSSION OF PROPOSED ORDINANCE GOVERNING OPERATION OF LICENSES- BUSINESS ESTABLISH- MENTS CONVICTED OF VICE VIOLATIONS 35 36 36 37 37 37 38 38 38-40 40-41 41; 41-51 52-60 61-74 74a--82 83-86 RES. 74-88 FIRST READING DISCUSSIO4 RES.74-89 RES.74-90 RES.74-91 RES.74-92 RES.74-93' RES.74-94 RES.74-95 RES.74-96 MOT.74-97 RES.74-98 DISCUSSION do MOTION MOT-74-99 RES. 74-100 RES.74-101 • MOTIONS MOT.74-102 Mot.74-1.03 ORD. 8230 MOTION -. ITEM NO 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. IN= MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ORDINANCE OR RESOLUTION NO. SELECT NEWSPAPERS FOR NOTICE OF SALE OF CERTIFICATES ISSUED FOR DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS ORDINANCE- REPEALING SEC. 2-107 CONFLICT OF INTEREST BOARD ORDINANCE TO WAIVE FEE REQUIREMENTS FOR FILING OF APPLICATIONS FOR ZONING CHANGES VARIANCES BY ELEEMOSYNARY OR NON-PROFIT INSTITUTIONS AMEND ORDINANCE NO. 6945 PROVIDE NEW SCHEDULE OF VACATION WITH PAY ENTER INTO CONTRACT WITH LOUIS LAUREDO ADMIN. ASST. TO THE MAYOR DIRECT CITY ATTORNEY TO SETTLE CASE F.E.C. RAILROAD VS CITY CASE NO. 67-5685 CLAIM SETTLEMENT - JOHN GUY AMUSEMENT RIDING DEVICE PERMIT CENTRAL SHOPPING PLAZA AMUSEMENT RIDING DEVICE PERMIT MIAMI EDISON BANK BOOSTERS AMEND SEC. 56-135 OF THE CODE - REVOKING OF CHAUFFEURS LICENSES BY THE POLICE DEPARTMENT AGREEMENT - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 ORDINANCE PROHIBITING SALE OF GASOLINE BETWEEN CERTAIN HOURS ALTERNATES ON PLANNING ADVISORY BOARD •AND ZONING BOARD DISCUSSION OF MIAMI-METRO JOINT ACTION COMMITTEE MEETING NAME PARK AFTER MAYOR DAVID T. KENNEDY AUTHORIZE MANAGER TO NEGOTIATE INTER- GOVERNMENTAL AGREEMENT, MANPOWER & RELATED PROGRAM SERVICES Adjournment RES.74-104 FIRST READING FIRST READING FIRST READING 9293 RES. 74-105 RES.74-106 RES. 74-107 RES.74-108 RES.74-109 ORD. 8231 DISCUSSION FIRST READING FIRST READING DISCUSSION MOT. 74-110 RES.74-111 93- 94 94 95--96 96--97 97 98 98 98--99'` 100-102 102-1.03 103-104 ' MINUTES OF REGULAR MUTING CITY COMMISSION OF MIAMI, FLORIDA FFBRttRY 6, 1974 On the 6th day of February, 1974, the City Commission of Miami, Florida, met at its regular meeting place in the City Commission meeting Chambers at City Hall in said city in regular session pursuant to action taken at the meeting of January 10, 1974. The meeting was called to order at 8:30 o'clock A.M. by Mayor Maurice A. Ferre, and the following members of the Commission were presents Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. Absent: None. An invocation was delivered by Reverend Gibson, who then led those present in a pledge of allegiance to the flag. On motion of Mr. Plummer, seconded by Reverend Gibson, it was unanimously agreed to waive the reading of the minutes of the pre- vious meeting. 1. CHANGE ZONING CLASSIFICATION - LOTS 3,4,5, BLK 18, SHORECRESTZ Mr. George Bender, representing Lyla Berkson, appeared to ap- peal from an adverse recommendation of the Planning Board on his client's application for change in zoning classification for Lots 3, 4 and 5, Block 18, Shorecrest, from R-1 to R-3, located at 676 NE 80th Street, consideration of which was deferred at the meeting of January 24, 1974. Mrs. Gordon stated she owned property in the immediate area of this property and desired to abstain from participation in this matter; whereupon she left the meeting. Mr. Bender emphasized that the entire block on this which property was situata- was either R-3 or C-4 except for the sub- ject property, which was R-1, and that to the south of this prop- erty was commercial property fronting on 79th Street. He pointed out that there were indeed a few single-family homes to the north of this property, but that the property was zoned for R-3 use. He further pointed out that and old structure presently existed on this property and that the intended use would tend to up -grade the character of the neighborhood. No one appeared in objection to the application. George Acton, Director of the Planning Department, stated he recommended denial of the application because NE-80th Street was at the present time developed predominantly with single- family residential, even though it was zoned R-3, and was de- veloped with some very fine residences, indeed there were fine homes on the other three corners at the intersection where the subject property was located. Mr. Bender emphasized that all of the south side of NE 80th Street was either commercial or multi -family except his client's property. Mr, Plummer stated that the so-called fine residences acrpss the street were not single-family homes, but duplexes. 1 Mr. Acton stated that the three residences on the other corners of this intersection were single-family residences. In response to a question by Mr. Plummer, Mr. Berkson, the applicant, stated that two families were presently occupying the structure which now existed on this property. Mr. gender 'stated that all the property on the same side of the street as this property lying to the west was presently de- veloped with 12 to 14-unit apartment buildings. After further discussion Mr. Plummer suggested that per- haps these lots could be Toned R-2, which would enable the two lots south of the corner lot to be used as R-3 under a transi- tional use and the corner lot could remain R-2, and be used for parking. In response to a further question, Mr. Berkson stated he had owned this property for more than ten years. He expressed the opinion that the area was stagnating, and that there was a need for new st2uctures in the area. David Simpson, Jr., Director of the Department of Adminis- tration for the Planning and Zoning Boards, stated that R-3 was the only classification for which this property could qualify for change in zoning. Mr. Plummer expressed the opinion that the commission should view this property in order to understand the point he was trying to make. Whereupon, on motion of Reverend Gibson, seconded by Mr. Reboso, it was unanimously agreed to defer consideration of this matter until the next regular meeting of the Commission in accord- ance with Mr. Plummer's suggestion. 2. COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT: An ordinance to amend the ordinance which established the Coconut Grove Business Village Interim Zoning District by extending the expiration date for a period of six months from February 22, 1974, was presented to the Commission for considera- tion. Mr. Joseph Kalish appeared and stated he owned most of the property in Day Grove Terrace Subdivision; that it was the only undeveloped property in the entire block, and urged that it be excluded from the provisions of the Interim Zoning District Mrs. Gordon stated that she expressed the opinion at the time this interim zoning ordinance was adopted that this property was not a part of the Coconut Grove Business Village and did not be- long in the ordinance. Mr. Acton pointed out that at the time this interim zoning ordinance was adopted there was discussion on the part of the Commission as to possibly including the entire Coconut Grove area in the district. He stated that the Planning Department was presently conducting a study of the entire Coconut Grove Area, and recommendations would be forthcoming in the near futur2:6e, -7+4_ 2 After further general discussion Mr. Kolish emphasized that he had purchased this property because it was properly zoned for the purposes for which he desired to develop it, and that he had paid the price for it with that in mind, and that he should not be penalized for not having immediately before the adoption of the interim zoning ordinance, obtained building permits for the proposed development, as did every other owner of vacant property in this district. He expressed the opinion that his property was not in the same category of the other properties included in this interim zoning district. Mr. Acton stated that the only restrictions which would be imposed on Mr. Kolish under the interim zoning district would be a special yard setback along SW 27th Avenue. After further discussion Mrs. Gordon offered a motion that the City Attorney prepare the proposed ordinance for adoption later during the meeting in an amended form to exclude the property within the present interim zoning district lying east of Mary Street and north of South Bayshore Drive. Upon being seconded by Mr. Plummer the motion was adopted unanimously. Mr. Plummer suggested that the City Attorney should prepare the amended form of the ordinance to provide that the extension be for a period of no longer than six months, rather than six months, and the Commission agreed. i 3. PRESENTATION TO RETIRING. FIRE CHIEF LAWRENCE KENNEY The Mayor presented to retiring Fire Chief Lawrence Kenney a plaque honoring him upon his retirement after 33 years of service with the City of Miami, 11 of which were served as Chief of the Fire Department. The Mayor and Commissioners expressed their gratitude to Chief Kenney on a job well done. Chief Kenney addressed the Commission, and at the request of the Mayor a portion of his statement is included herein verbatim, to -wit: I have always felt that working for the City is being a part of a team. I have had nothing but excellent cooperation from the elected officials: from the City Manager's office, and from all departments of the City, and I think that's what makes the City of Miami so great: that all departments work together. The Building Department, The Sanitation, Parks and Recreation. Any time we call on them in the Fire Department for assistance we get it, and by the same token we try to provide assistance, and I think that's the key to the whole thing. The Mayor requested the City Manager to forward a copy of the remarks of Chief Kenney, set forth above, to all Department Heads in the City of Miami. At the request of Reverend Gibson the following remark made by Chief Kenney is included in the record verbatim: If I had my life to live over, there are two things I wouldn't change. One was marrying my wife and the other is joining the Fire Department. 2-6-74 i1111YIIIIII I 111111IIIIIIIIII1iIIIilY Mr. Steve Daley of Television Station WVCG appeared and ex.. pressed appreciation to Chief Kenney for the services which he d rendered to theCity of Miami. Dt&CLISSt,.._ The Commission took up for consideration the report of the Planning Department on the proper zoning classification for drug rehabilitation centers and other types of centers. Mr. Plummer stated that Dr. Ben Shepherd, who had definitely planned to be here, had been unaware that the City Commission meeting date had been changed from Thursday to Wednesday and had made a previous commitment so that he was unable to be present at this time, and suggested that no action be taken on this matter until Dr. Shepherd had been afforded an opportunity to be heard. It was agreed to hear the report'and the remarks of those per- sons presently in attendance, but PA any action until after Dr. Shepherd had been heard. George Acton, Director of the Planning Department, submitted a written report to the Commissioners on this matter, and briefly outlined its recommendations,as follows: (1) That residential substance abuse facilities designed to provide a satisfactory living environment to its occupants be permitted upon conditional use in all zoning districts excluding those districts for wholesale, manu- facturing and industrial activities. (2) That a hearing and screen- ing process be provided to afford community residents an opportunity to understand the nature, function and extent of services provided and to assure safeguards to both the occupant and the community. The report also recommended that out -patient facilities were deemed appropriate in all C-districts and should be listed as a permitted use and as a conditional use in the R-4 district; and that Methadone Maintenance Facilities were deemed appropriate in all C-districts and should be listed as permitted uses and as a conditional use in the R-4 district. Mr. Plummer stated he was opposed to the use in R-1 districts for the reason that persons electing to live in R-1 districts did so specifically in order that they might not have to be exposed to uses of this kind, and in his opinion were entitled to that protection. Reverend Fred Harrison appeared and urged the Commission to read the report and become thoroughly familiar with it in order that action, hopefully, might be taken on this at the next meeting. He stated that he was Executive Director of the Spectrum Program. In response to a question by Mr. Plummer, Mr. Acton stated that any proposed changes as a result of this report would have to be beard by both the Planning Advisory Board and the City Commission. After further informal discussion a motion by Mr. Plummer, seconded by Mrs. Gordon, that this matter be heard by the appro- priate boards as soon as'possible was adopted unanimously. 2-6-74 4 y. .... ... - _......�._,... The Commission took up for consideration the matter of the adequacy of the number of bi-lingual operators providing City of Miami emergency service. Mayor Ferre made the following statement: You have in your books a letter from Representative Marshal Harris, who wrote me regarding a problem which I think we all recognize we have in the City of Miami, and indeed throughout Dade County; and it's a natural problem, because within the last ten years we have had close to half a million Spanish-speaking people become part of our community, and we are addressing ourselves to it as quickly and as best we can, but I think it is important every once in a while for us to take the time to pause and discuss the problem and have a full airing of what is being done and how it's being done, so that we have full knowledge of the direction we are taking and when we can solve the problem that exists. Now, I assume that there are people here with us today to listen and perhaps speak on the subject. (Thereupon Mayor Ferre translated into Spanish his remarks for the benefit of those non -English- speaking members of the audience. P. W. Andrews, City Manager: The City administration, and the Civil Service Board have responded to the Commission's request that a positive program be established whereby we would be em- ploying additional bi-lingual persons for the Fire Department, the Police Department and the Communications Department. In the past the City selected individuals for communications operators from registers on the basis of the legal requirement that they be selected in the order of their appearance on those registers. In the past perhaps signifi=ant attention was not paid to expanding the bi-lingual communications operators. The Civil Service Board and the administration have, and are, setting up procedures where bi-lingual ability of the individual is a re- quirement, and we will be selecting more and more people of bi- lingual capabilities, and we will be establishing more and more positions throughout the City government, not totally in the area of the three departments I have just mentioned, but those who serve as receptionists; those who serve dal other ways where communication and contact with the public is necesary. I realize the process may appear slow, but Mr. Mayor and members of the Commission, I want to assure you that the administration and the Civil Service Board is very conscious of the responsibility, and we are reacting to it, and we will have more bi-lingual operators for the City. Mayor Ferre: Let me show you something now --and I do this without any premeditation, and I haven't even thought of it -- Chief, what is the emergency number of the Fire Department? Thereupon the Mayor dialed the emergency number and spoke in Spanish in an effort to determine if bi-lingual operators were on duty. A Spanish-speaking person answered within a few seconds. The Mayor then repeated this procedure with the Police Department with the same result; an answer in Spanish within 30 seconds, 2-6-74 The City Manager stated that his objective at this time was to be able to eliminate the 30 second delay. Robert Paulk, Executive Secretary of the Civil Service Board: I think it is demonstrated very well; that you called both the Fire Department and the Police Department, and that they reacted in a bi-linqual nature. It has been an extreme effort on the Part of the City Administration and the Civil Service Board to be able to comply with the necessity of having people who speak both English and Spanish to meet the obligation to the community. It has not been easy under the Charter of the City of Miami and the Civil Service Rules and Regulations, to cope with this situation. Where there are thirty-five budgeted communications operators in the Communications Department we cannot fill them all bi-lingually. We cannot shut the door on people who don't speak Spanish, for jobs. We must make some allocation to cover our phones on a 24- hour basis around the clock seven days a week, but we cannot, un- der the law, close the door to people who don't speak Spanish, and this is the point that needs to be put across, not only to the Commission but to the community. We need to obligate ourselves to react, and the Board is wanting to do that, as the City Commis- sion and the City administration is wanting to do. We need to determine the proper amount of people that can be utilized of thirty-five, who shall be bi-lingual to meet that obligation, and determine how many positions can be left speaking only the English language. Mr. Plummer: Mr. Andrews, what are the mechanics? Do we, as a Commission, make a policy that there shall be ten new, or what's -- Mr. Andrews: The approach is this; that we are in the process of making a determination by number; the number of positions of the thirty-five and more that we need across the city that must be bi-lingual. Through an administrative process those instruc- tions will then be forwarded to the Board. When they set up their examinations, or when they make their sections, based on the department requirements that the person be bi-lingual, the posi- tion is then filled that way. The requirement of the position is bi-lingual. Mr. Plummer: Yet, Paul, if I understand Bob, he is making a point that additional personnel beyond thirty -five --- Mr. Paulk: No; what I am saying is, of the thirty-five, there are currently six allocated bi-lingual, and filled from the same register, taking advantage of those people who may be further down on the register, and giving them an opportunity to be employed, by by-passing others ahead of them on the register simply because it's an exceptional and unusual circumstance that they speak Spanish, and we need someone who not only speaks English, but speaks Spanish. Mr. Plummer: But what I am saying to you is, since it is un- fair to the Civil Service Registers as we know them, couldn't you set up an additional five, or whatever is needed, let's use six; that six new positions be created only for people who are bi-lingual. Mr. Paulk: Yes, sir; this is what we are attempting to do. 2-6.74 6 Mr. Plummer: But if we can create six new positions that it. is mandatory that they must be bi-lingual, then you don't have to bypass on the register. Mr. Paulk: Well, we would have to by-pass, because they are all taking the examination. By-passing is no problem. Mr. Plummer: But where there is a need for big -lingual only you don't have to by-pass. Mr. Paulk: Understand this, though, Commission; we test in English, and those people who are bi-lingual, we don't test to determine that. We make that determination because they do speak Spanish, and they are on the same register. It's one register. If we set up two distinct registers for the same classification, we have problems. Mr. Plummer: I didn't say that. Mr. Paulk: I realize that, but what I am saying is that we understand the problem and we have the mechanics within the rules to cope with it, and we have done so to a certain degree. Now, there are additional positions needed. We want to address our- selves to determine how many there are around the clock all year long, and we will do that, and we will work with the Manager's office to determine how many, so that you are covered from the standpoint of the Commission having the City function properly. Mrs. Gordon: Mr. Andrews, while we are talking about bi- lingualism, have you made any attempt to obtain someone to in- struct the employees who, desire to learn Spanish; and also the elected officials? Mr. Andrews: Yes; we are in the process of setting that up, and we are attempting to set up a class here at Dinner Key. Mrs. Gordon: You have already contacted -someone to instruct this? Mr. Andrews: Yes; several different instructors. Mrs. Gordon: Fine. When do you anticipate we will begin? Mr. Andrews: I hope within the next two weeks, or so. Mr. Morales Diaz, 2300 SW 9th Avenue: I would like to talk: about the bi-lingual receptionist in the public emergency offices. I am the Executive Director of the Concerned Latin Elderly of Dade County. We are here in order to talk with you and to try to snake you understand something. We saw, a few minutes ago,a wonderful show that you did, and I am very happy because I see that the Miami City is taking care of the Latin people in the telephone numbers. But I am going to try to go a little into the inside of this problem. Yesterday, last night, I called to the Police office of the Miami City at eleven and twenty minutes; and I did the same as you did a few minutes ago. Somebody answered and I tried to talk in Spanish. I person said, how long, please; no un momento, por favor. It means that a person who don't speak English cannot understand, how long, please. Number two; passed about a half minute with complete silence, and I heard different 2-6-74 7 noises; and then somebody mentioned four numbers, and then pass another half minute of silence; and then appear another voice and gave another number, and then at last in two minutes somebody answer in Spanish. This means that the person who could answer in Spanish at that hour have to be borrowed through the building because was not a person directly answer the telephone and under stand Spanish in order to say, when somebody ask for help, because` this is something special. We are not talking about the bi-lingual personnel in the public offices/ we are talking about the emergen* cies of the people in a very hard situation. For instance, the Latin people who are losing his best and cannot talk very well, and call the police and say, please help; my telephone number is this; I have this problem. If a person do this in Spanish and the person who take the telephone can immediately copy the address and send the wonderful service that our police have for the people. This,is a service which is provided to the Latin people right now, because when a person has this kind of trouble he cannot ask for this in English, and if he loses consciousness he can do nothing. Now, the other problem. In the telephone book, on the first page of the telephone books appear several numbers, and the last tele- phone number is the Miami City telephone number, the last, and yet it is precisely the City who haveraw the bi-lingual service in this kind of thing that you can understand is exactly the thing that our people need. Now, about November 22, we make a call -- Mayor Ferre: Excuse me, Mr. Diaz, but we are getting behind on the agenda, so you finish, but if you would, wind it up. Mr. Diaz: OK, now we are here in order to talk with the people to understand a human situation in all official expedience. These old people who are it need need a very clear help in Spanish. We have here Mr. Emilio Andani. This gentleman is a Spanish speaking gentleman. We tell him to explain to you how he has a problem to help American people on two occasions. Mr. Andino, please. Mayor Ferre: At this time it is not possible. (Explaining to Mr. Andino in Spanish) Mr. Diaz submitted a letter to the Mayor concerning this matter, and the Mayor referred it to the City Manager for inves- tigation and report back to the Commission, with a copy of the report to be sent to Mr. Diaz. He further requested Mr. Diaz to come back before the Commission in approximately two months to express his opinion on the degree of improvement in t_ a sityation�_ Pursuant to motion adopted earlier in the meeting the City Attorney stated he had prepared the amended ordinance extending the time in which the Coconut Grove Village Business Interim Zoning District would remain in effect. Thereupon an ordinance entitled - AN ORDINANCE EXTENDING ORDINANCE NO. 8142, WHICH ESTABLISHED THE COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT, FOR NO MORE THAN SIX MONTHS FROM ITS EXPIRATION DATE, EXCLUDING ALL THAT PROPERTY THAT IS ZONED 8 2-6-74 R-C BOUNDED ON THE WEST BY MARY STREET, THE SOUTH BY BAYSHORE DRIVE, THE EAST BY 27TH AVENUE AND THE NORTH BY TIGERTAIL AVENUE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON- TAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mrs. Gordon and seconded by Mr. Reboso for adop- tion 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mrs. gordon, seconded by Mr. Reboso, adopted said ordinance by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. and said ordinance was designated Ordinance No. 8229 %: N... W.:. 51- TERRACE' ALLEY:1$PROVENENT: DISCUSSION The Mayor announced that the Commission was ready to con- sider any objections to the confirmation of Ordering Resolution No. 73-970 for NW 51st Terrace Alley Highway Improvement H-4371. In response to a question by Mr. Plummer, Vince Grimm, Director of the Department of Public Works, stated that, pur- suant to the desire of the Commission he had arranged for an informational meeting on this district, but no one appeared. Mr. Alfred Van Gates, 1253 NW 51st Terrace, appeared and stated that he was speaking for himself and the people in this community, and inquired as to the approximate cost to the property owners of this improvement After being informed of the esti- mated cost, Mr. Van Gates stated that in his opinion this was reasonable, and that he felt certain that all the other property owners in the area would feel the same way. Reverend Gibson expressed the opinion that the people in the area should have an opportunity to see for themselves the estimated cost of this improvement to the individual property owners and decide for themselves whether or not they felt it was reasonable. He suggested that the matter be deferred until the next meeting and that the Public Works Department send letters to each property owner to be affected informing them of the cost, and their right to appear and object if they were so inclined. The matter was deferred until the next meeting in accordance with Reverend Gibson's suggestion. It . $ELECTION• OF• BQARD. MEMBERR.. FEDERA[ • REVENUE. SHAR=ING F The selection receiving Commission took up for condo e=anion- fib aatttr-orf-----,,,,.-.- of Board members to public and private social agencies federal revenue sharing funds from the City of Miami. 2-6-74 9 Mr, Plummer: I want it for the record that on Federal Revenue Sharing I raised an objection at the time tis t this money was handled in the manner in which it was. It was at that time that the City Attorney --I am sure in good faith -- instructed this Commission thlt any private or public trust that received this money, a member of this Commission had to be a member of the Board of Directors, or in some way involved. That was the safeguard on which this Commission voted to give to the public and private sectors. The City Attorney has now made a different interpretation of the charter. I w ill let him explain for himself what the interpretation is at this time. The only thing I want for the record is that I --and I can only assume my colleagues on this Commission --voted for certain things as they did based on the interpretation at that time, which is s now changed. My thinking has not changed. It is today as it was when this money was divied up. Now, there is a lot of difference, in my way of thinking, between having someone unrelated to the administration or this Commission sitting on a board of directors representing this Commission as it is our- selves an elected official sitting there in official capacity representing this city. Reverend Gibson: I share Mr. Plummer's concern. I think it is a very dangerous thing. I am not at all happy with this, but if that's the ruling I am going along. I will vote my con- science when the appropriations come up next time. Mr. P. W. Andrews, City Manager: I realize this is a matter addressed to the City Attorney, but the requirement as established in the charter, can be looked upon as minimum requirements. If this Commission wishes to adopt a resolution, as you were led to understand at the time this was adopted, that a member of the Commission should serve on one of these boards, that's up to the Commission. Mr. Plummer: It ain't what's said that catches you; it's what isn't said that catches you. Let me tell you something, and I'll remind you, as well as I will remind the City Attorney, of the joke made at the time, and the joke was that a member of this Commission had to sit on every board, and Dave Kennedy said, 3. L., I designate you on the board of Women in Distress --and Rose Gordon went bananas. Now, I am not saying, and don't let it be inferred, that I don't think we can't choose capable represen- tatives. What I am saying here is that at the time this was voted on it was clear-cut that a member of this Commission had to sit on each and every board. Mayor Ferre: Let's cut through all this and let me take it from a practical point of view, because I like to get down to, you know, the way things are. Now, as I understand it, we have eight things that we have contributed to. Now, Reboso serves on one. It's called the Tenant Security Association. He is on the Board. Now are you on the Martin Luther King Board? Reverend Gibson: No. Mayor Ferre: I think you ought to be on there. Reverend Gibson: I am not interested in getting on the board. I just want us to make some safeguards about that money. 2-6-74 . U Mayor Ferrel Rose, are you on this Day Care Center Board for ?.I.U. ? Response inaudible. Mayor Ferret I was just writing down what I thought might be areas of interest that we normally would fall in anyway, and just put myself down, for example, for St. Luke's, because I have worked with Ben Shepherd on that. Eileen Campion. All right, do you have any other recommendations? General informal discussion followed. Mr. Plummer: Let me, so that there will be no misunderstand- ing my.remarks, the Dade County Public School Program, I don't think a member of this Commission has to sit in on top of the School Board. They are also elected officials and have the same public trust that we do. Mr. Plummer reminded the Commission that not all of the organizations to which the Commission had pledged Federal Revenue Funds were listed on the memorandum furnished by the City Manager. After brief discussion it was agreed to defer the matter until the City Manager could make available to the Commission the complete list of organizations. Mrs. Athalie Range appeared and stated that it had been agreed at the time that this money was appropriated for the Martin Luther King Development Corporation that Reverend Gibson would be named as a member of the Board of Directors of said Corporation. 9; APPOINTEES TO- SERVE ON: STATE. REGIONAL-. MANPOWER: PLANN I f{G BOARD At the request of Mrs. Gordon, seconded by Reverend Gibson, it was unanimously agreed to defer consideration of a scheduled nomination of appointees to serve on the State of Florida Regional Manpower Planning Board. 10 ` PERSONAL. APPEARANCE -. ATHALIE. RANGE RED • AFRICAN SQUARE -_N •Im1.11=- Mrs. Athalie Range appeared and made the following state- ment: Last week we came and made the presentation regarding African Square, and you as a Commission accepted it in concept. This week we have come back and are asking you to accept it in principle, with an explanation. I'd like to read a short letter to you. It is addressed to Mayor Maurice Ferre and the Commissioners of the City. I have copies here which I will pass to you. Dear Mayor Ferre and Commissioners: After years of prepara- tion and planning we are now ready for construction activity to begin. We have retained Earnest A. Edwards, Jr. and Associates, landscape architects and urban planners, to develop plans so that you may have a clear understanding of our concept for African Square Linear Park. We are asking you to accept our African Square Linear Park project in principle, and to have the City Manaqer's office begin acquisition of the properties necessary for imple. mentation of the project. We would also --and we have an attach sheet for the properties —we would also like for the City neger,s 2-6 I.74 zi office to begin negotiations with landscape architects so that, one may be selected, and the design and construction drawings may be completed by'the time land acquisition is complete. African Square is only one element of the total master plan for the development of Martin Luther King Boulevard, but it is a significant element in that it marks the beginning of a 10.5 million dollar construction plan for the re -development of NW 62nd Street and the surrounding community. In closing we would like to ask that you accept this letter as our commitment to proceed forth with the African Square Linear Project as the initial phase of the development of Martin Luther King Boulevard,, and that you will assist us in our endeavors. Now this is all we are asking for this morning. I am sure Mr. Andrews is quite cognizant of what we are asking for. We have brought this letter to you upon the advice of his office. We have a budget that would be less than the original$57,000 that you granted us of the revenue sharing money. We find that we have eleven months left in the year; that is, if we can get this passed today and be moving, we shall, at the end of the year, when the project is complete, along with the Linear Park funds, we will have spent $42,500.00, and were quite happy to be able to return to you, or to not use, the remainder of the $57,000.00. It is most important that we get this passed and that we get our budget and be on our way. (distributed memorandum) In response to a question by Mrs. Gordon, Mrs. Range stated that it was anticipated that the African Square Project would be completed and ready for use before the end of this year. The City Manager stated that the City would move forward as quickly as possible with the acquisition of this property, and at the same time attempt to engage architects, but that in condem- nation proceedings a time limit could not be firmly adhered to. In response to a question by John Lloyd, City Attorney, Mrs. Range stated that most of the buildings which were'situated on the property to be acquired were vacant at the present time. and in a very poor state of repair. Mr. Andrews: The motion, if the Commission chooses, could be taken as the third paragraph, the second or third paragraph of the letter that Mrs. Range distributed, which describes the administration's involvement as far as going ahead with the acqui- sition of properties and the setting up of procedures for the architects' services, which will have to come before the City Commission. We will solicit architects, and that information will be supplied to the Commission. We will have three of them come before the Commission for a short presentation, and the Commission will select one, hopefully on the 28th. We will work as quickly as possible. Reverend Gibson: Let me ask this, so that I can be informed and understand. Do we have the property --what did you say about that; I didn't hear that. Mrs. Range: The acquisition of the properties, of course, will be the responsibility of the City Manager's office; to begin acquiring the property. What I did say is this; that the reason we had set our time of completion at the point we have is because we have been in conversation over the months with property owners out there. I think Mr. Acton can lend some assistance to this, He has, to my knowledge --I believe I am correct in saying that 2-6-74 III bwrNI ill ill 1i he has made some, possibly outside appraisals --I am not sure that, but we have an idea what the properties are going to cost* Reverend Gibson: Do we have the funds? Mrs. Range: Yes, sir; the funds. --it has been ascertained that the funds will come as a part of the two million dollars that has already been allocated for the linear park, and of courS this is to be a permanent part of the linear park. Reverend Gibson: The reason I am asking is that we have some other funds in there, you know. Mr. Lloyd: We have two areas of funds for this; revenue sharing and the parks for people bond issue, so we do have a little bit of leeway there, more leeway than we would have other- wise. Mrs. Range: And we can certainly go with revenue sharing funds now. This is what we have budgeted. This is where we expect those funds to come from,. and I think it ought to be noted that we have economized and not spent the whole $57,000.00, but are trying to be as economical as possible there. NOTE: Discussion on this matter was interrupted momentarily in order to enable the Commission to receive bids for the sale of City of Miami bonds. RECEIVE: • OPEL READ. ARO REFER TO. MANAGER; t-. BIDS AUTHORIZED TO BE RECEIVED: FOR.- $44000 000+ POLICE: HEADQUARTERS AND! CRIS PREVENTION FACILITIES. BONDS!.8e. $21.0DOT.000r STORM1 SEWER IMPROVEMENT. BONDS' At 11 o'clock A.M., Eastern Standard Time, the Clerk announced that, pursuant to legal notice, the Commission was ready to receive sealed bids for the sale of $4,000,000 Police Headquarters and Crime Prevention Facilities Bonds and $2,000,000 Storm Sewer Im- provement Bonds of the City of Miami, Florida. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 74-81 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE UNDER RESOLUTION NO. 74-74 FOR THE SALE OF $4,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS, AND $2,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITx OF MIAMI, FLORIDA BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAs That bids authorized to be received this date under Resolution No. 74-74 for the sale of $4,000,000 Police Headquarters and Cry Prevention Facilities Bonds, and $2,000,000 Storm Sewer hnprov,ament 13 2-6-74 Bonds of the City of Miami, Florida, be, and they are,hereby received, opened, read and referred to the City Manager for tabulation and report. Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote- AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre, NOES: None. Bids were received from the following: The First National Bank of Miami, William R. Hough & Co., A. G. Becker & Co. Inc., Barnett Bank of Jacksonville, Joint Managers The Chase Manhattan Bank, N.A., Goldman, Sachs & Co. and Associates, Joint Managers Bankers -Trust Company & Associates North Carolina National Bank, Manager, Girard Bank, First Union National Bank of N.C. First National City Bank, The Northern Trust Company, Continental Illinois National Bank & Trust Company of Chicago, Weeden & Co., Inc., W. H. Morton & Co. (Div. of Amer. Exp. Co.), Loewi & Co., Inc. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Associates Chemicl Bank Smith, Barney & Co. Incorporated, Blyth Eastman Dillon & Company, Inc. and Associates, Joint Managers Morgan GuarantyTrust Company of New York, Salomon Brothers, Donaldson, Lufkin & Jenrette Securities Corp. Halsey, Stuart & Co. Inc. and Associates The First Boston Corporation, Harris Trust and Savings Bank, Bank of America N.T. & S.A., Joint Managers and Associates Mr. Plummer, following the adoption of the resolution, made the following statement: I want to compliment Mr. Bailey and his staff for which is obviously a job well done. Now, second of all, I want the record to reflect something very, very clearly, because I want Mr. Andrews, and I want Mr. Bailey to know, that the manner in which this thing was handled I don't appreciate. Let me tell you exactly what I mean. This thing was on the Commission agenda two weeks ago. Before action was taken of this Commission, an ad was given to a local un-named newspaper stating what was going to be, how it was going to be, and why it was going to be. Now, I think that if we are going to have a good faith relationship here, I think it should be for the record: it should be for the future/ that before these advertisements are given out the action of this 2-6-74 1 gs as Commission should be the paramount decision, which it was not in this particular case; and 1 am just stating that for the record; that I read the next morning in that un-named paper these bids and everything pertaining to them before we ever got to take a vote on it. Now, what I am saying is this: Had the action of this Commission been that we said no, somebody was going to be embarrassed, and it wasn't going to be this Commission. So I an hoping that in the future--- P. W. Andrews, City Manager: That's not true. Mr. Plummer: You tell me I am wrong. Mr. Andrews: You would not have been embarrassed, and Mr. Bailey can explain. Mr. Plummer.: Explain it to me. Somebody else would have been. Let's get it on the record. Are you telling me that that ad was not given to the un-named newspaper before the action of this Commission? Mr. Andrews: Yes, sir; preparatory to the Commission's action, and if the Commission would have acted not to go ahead the ad would have been stopped. Mr. Plummer: You are wrong. Now let me tell you why. You are dealing with a man who deals with the un-named newspaper day in and day out. You cannot cancel an ad once you have given it. Mr. Andrews: We have in the past. Mr. Plummer: You cannot, after three o'clock in the after- noon. Now, I am telling you this, Paul. I put death notices -- a nd Mrs. Range has had the same experience --and after three o'clock in the afternoon, once you give a notice, you cannot withdraw it. To the general public you cannot give it after twelve -thirty. Mayor Ferre: Your point is well taken; let's move on. I think he is right, technically. Mr. Plummer: If I am wrong, I want to know it. Mayor Pierre: I want to know it, too. W. R. Bailey, Director of Finance: I'd like to say that the ad that was taken to this newspaper had to be changed be- cause the City Commission changed, at the last meeting, its meeting date. Mr. Andrews: And it would have been withdrawn if the Com- mission hadn't passed it. Mr. Plummer: Also, for the record, let it also be noted of the Commission's action be attached that none of these moneys be dispersed until it has been approved by this Commission. That was the motion of this Commission. Mr. Andress: Sbu corrected that, Commissioner Plummer in 2-6-74 5 4 that you had it only apply to the four million dollars as far as the headquarters, but you did not want the storm sewers to be held up. Mr. Plummer: You are correct, sir. • ! A P ARANCE► .m . . �,�: � PERSON., MkSL.• RAil+..4-+ CdNTiNllfiil:; The Commission resumed its consideration of the request of Mrs. Athalie Range for approval of the African Square Project, which was deferred earlier in the meeting. After brief general discussion the following motion was intro- duced by Reverend Gibson, who moved its adoption: MOTION A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION LATER DURING THE MEETING FOR ADOPTION A RESOLUTION ACCEPTING IN PRINCIPLE THE AFRICAN SQUARE LINEAR PARK PRi TACT AND INSTRUCTING THE CITY MANAGER TO TAKE PRELIMINARY STEPS NECESSARY LEADING TO THE ACQUISITION OF THE PROPERTIES NECESSARY FOR THE IMPLATION OF THE PROJECT; FURTHER INSTRUCTING THE CITY MANAGER TO TAKE THE PRELIMINARY STEPS FOR THE SELEC- TION OF A LANDSCAPE ARCHITECT SO THAT ONE MAY BE SELECTED AND THE DESIGN AND CONSTRUCTION DRAWINGS BE COMPLETED BY THE TIME LAND ACQUISITION IS COM- PLETED Upon being seconded by Mrs. Gordon the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. J3. INTRODUCTION, OF _NW; ASSISTANT CITY. ATTORNEYS. John Lloyd, City Attorney, presented to the Commission three new Assistant City Attorneys recently employed by the Law Depart- ment; Mikele Carter, Michael Anderson and Jose Alvarez, and stated that another Assistant Attorney, George Knox, had also been em- ployed, but was not present at this time. He briefly outlined the qualifications of each of these attorneys, and welcomed them to the staff of the Law Department. Reverend Gibson made the following statement for the record: i note you just hired employees in the name of the City, three attorneys. I amp disturbed that when we have to do certain things we have got to go outside and hire. I hope you, one day before too late, to come back here and explain to me, or either have,;ge cane down to your office, and educate me, because what 1 had tO do the other day troubled met and I hope you understand what that 2-6-74 16 was. Now it seema to Me if we are going to hire attorneys we ought to hire them with certain specialties rather than always` having to go get specialists. You understand what I am talking about? In our business, if we want a man who is a specialist in liturgiology, we get a man. We don't always go out and hire a man as a consultant to tell us how to do that liturgy. We have him on the staff. And if we want a man who is a dog gone good preacher and can teach you how to preach we make it our business to go get a man to teach who, by his demonstration of how well he could preach, that you understand that he knows how to preach. Now I am concerned. You know, we got another criticism; that we spend an unusual amount of money for legal staff, and you know, wisdom will teach you --and this is the way I run the church --if I get a lot of criticism by somebody on my staff, I start looking --by people saying you don't have certain talents and acumen, I start shaping up or shipping out. I hope everybody understands that. Mr. Plummer: Mr. Lloyd, I hope that something that you just said is not going to be overlooked lightly. I can only hope that proper recognition be given to Mr. Harris Turner who is retiring from the City's Legal Department. This man has given his all to this department; he has of his own volition chosen to turn to the outside, and I would like to make a motion at this time that at the next Commission meeting we appropriately recognize Mr. Harris Turner for the fine things that he has done for this city. I am sure Mr. Lloyd can draw up what is necessary. Upon being seconded by Mrs. Gordon it was unanimously agreed to adopt the motion. 14, MISCELLANEOUS PI C4 MAP QlVS : P1 AQUFS. g CERTIF1CATEC . OU CaATION The Mayor presented a scroll to Arnold W. Pechsteiu, Engineering Technician III, Public Works Department, upon his retirement After 22 years of service with the City of Miami. The Mayor called attention to a letter which he had received from the Mayor of the City of El Paso, Texas, congratulating the City of Miami on the establishment of direct air service by Continental Airlines between the two cities. The Mayor presented a proclamation to Mary McLeod Bethune pro- claiming February 15, 1974 as Mary McLeod Bethune Day in the City of Miami. The Mayor presented a proclamation to Mr. Ronald J. Shayne declaring February as Lions Eye Bank Month. The Mayor presented a proclamation to Rabbi Tibor H. Stern declaring Jewish Revival Day. 15. AWARDING $4,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS & $2,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI: Upon the recommendation of the City Manager and the Director of Finance, the following resolution was introduced by Mrs. Gordon, who moved its adoptions 2-6-74 1'7 RESOLUTION NO. il0 7442 A RESOLUTION AWARDING $4, 000, 000 POLICE HEADQUARTERS AND CRIME PREVENTION rACILITXES BONDS AND $2,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF mum, FLORIDl ; CON- TAINING A COVENANT PROHIBITING EXCESSIVE ARBITRAGE= AUTHORIZING VARIOUS OFFICERS OF THE CITY OF MIAMI TO EXECUTE AN ARBITRAGE CERTIFICATE. BE IT RESOLVED' BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission has ascertained and determined and does hereby declare that: (a) In accordance with the provisions of Resolution No. 74- 7 4 duly passed and adopted by the Commission on January 24, 1974, a Notice of Sale was published in The Miami Herald on January 25 1974, in The Miami News on January 25 , 1974,' and in The Daily Bond Buyer on January 25, 1974, calling for sealed bids to be received for•$4,000,000 Police Headquarters and Crime Prevention Facilitie, Bonds and $2,000,000 Storm Sewer Improvement Bonds of •The City of Miami, dated September 1, 1973, the publication.of such Notices of Sale on such days being hereby ratified and approved. (b) At the hour stated in said Notice of Sale, bidding was closed and the following bids were found to have been filed and to accord in all respects with the terms of said Notice of Sale, each bid offering to pay accrued interest from March 1, 1974, and enclosing a certified or bank cashier's check or treasurer's check for $120,000: (1) Bid of The First National Bank of Miami, William R. Hough & Co., A. C. Becker & Co. Inc., Barnett Bank of Jacksonville, Joint Managers offering to pay: ' $4,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column'(1). 1 (2) lid of The Chlaselliehattaft teak , LA., ColdMln, re & Co, and Associates, Joint Nanagirr offering to pay: $4,1000,000 for said Police Headquarters and Crime Prevention Pacilitiee Bonds, and $2,000,000 for said Storm Sewer improvement Sonde, plus.a premium of $560.00 for all of said bonds, which premium is to be allocated'to each issue as provided in the Notice of Sale, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (2). (3) Bid of Bankers Trust Company & Associates offering to pay: $4,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, plus a premium of $1,880.44 for all of said bonds, which premium is to be allocated to each issue as provided in the Notice of Sale, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (3). (4). Bid of North Carolina National Bank, Manager, Girard Bank, First Union National Bank of N. C. offering to pay: $4,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (4). (5) Bid of First National City Bank, The Northern Trust Company, Continental Illinois National Bank 6 Trust Company of Chicago, Wooden 6 Co., Inc., W. H. Morton & Co. (Div. of Amer. Exp. Co.), Loewi 6 Co., Inc. offering to pay: $4,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and S2,000,000 for said Storm Sewer improvement Bonds, and accrued interest on the bonds from March' 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (5). 19 - • $4,000,+ Lot"' polite Meodquarteed died COO'9tevbntiaA 'aefi Donds, and $2,000,000 for said Storm Sever Improvement Bonds, plus ' a premium of • $212.70 ter all of said bonds, width premium is be allocated to each issue as provided itt the Notice ' of Sale, and soorued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below Sit Column (6). (7) Bid of Chemical Bank • offering to pay: 44,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and • 42,000,000 for said Storm Sewer Improvement Bonds, plus a premium of $569.00 for all of said bonds, which premium is.to be allocated to each issue as provided in the Notice of Sale, and 'accrued interest on the bonds from March 1, 1974 to the date of their delivery,•said bonds bearing interest at the rates set forth below in ' • Column (7) (8) Bid of Smith, Barney & Co. Incorporated, Blyth Eastman. Dillon & Company, Inc. and Associates, Joint Managers offering to pay: • 44,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and 42,000,000 for said Storm Sewer Improvement Bonds, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (8). (9) Bid of Morgan Guaranty Trust Conpeny of New York, Salomon Brothers, Donaldson, Lufkin & Jenrette Securities Corp. offering to pay: $4,000,000 for said Police Headquarters and Crime Prevention Facilities Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (9). 2) r ,4, R (i0 MA of 10atee t rart a Co.inc. and Assoetat�: offering to pay: $4,000,000 for said Police Headquarters and Crime Prevention Faciii Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, plus a premium of $1,140.00 for all of said bonds, which premium to be allocated to each issue as provided in the Notice of Sale, and accrued interest on the bonds from March 1, 1914 to the date of their delivery, said bonds bearing interest at the rates set forth below ist Column (10). (11) Bid of The First Boston Corporation, Harris Trust and Savings Bank, Bank of America N.T. & S.A., Joint Managers and Associates offering to pay: $4,0001000 for said Police Headquarters and Crime Prevention Facilitiesh • Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, plus a premium of $1,341.75 for all of said bonds, which premium is to be allocated to each issue as provided in the Notice of Sale, and accrued interest on the bonds from March 1, 1974 to the date of their delivery, said bonds bearing interest at the rates set forth below in Column (11) . 21 mow. ..tee...... 76 77 •1978 1979 0 .1,981 1982 1983 1984 1985 1986 1987 1989 1990 1991 /.992 4993 $210.000 • 210.000 210,000 210,000 210,000 210,000 210,000 210.000 210,000 210,000 200.000 200,000 200,000 200.,000 200,000 225,000 225,000 225.000 225.000 (1)(2) $105, 000 6% 7.5% 6% 105,000 6 7.5 6 105,000 6 7.5 6 105, 000 6 7.5 6 105, 000 6 5.9 6 100,000 5.4 4.1 6 100,000 1 4.5 4.2 6 (3) 100,000.' 4.5 4.2 6 100,000 4.5 4.25 .5.7 100.000 4.5 4.4 4.4 100, 000 4.5 4.5 4.5 110, 000 4.5 4.6 4.6 1101000 4.6 4.7 4.7 110, 000 4.7 4.75 4.75 110.000 4.8 4.8 4.9 110,000 4.9 4.9 5 110, 000 5 4.9 5 110,000 5 4 3 105.000 3 4 3 • (4) (5) (6) (7Z (8) 7.5% 7% 6.25% 6% 7% 7.5 7 6.5 6 7 7.5 7 6.5 6 6.9 7 6.5 4.375 4.1 7 6.5 4.25 4.2 7 6.5 4.25 4.2 4.4 4.1 4.25 4.25 4.2 4.2 4.25 4.3 4.3 r 4.3 4.3 4.3 4.4 4.4 4.4 4.4 4.5 4.5 4.4 4.5 4.6 4.6 4.6 4.6 4.7 4.7 4.6 4.7 4.8 4.75 4.75 4.8 4.9 4.8 4.9 4.9 5 4.9 4.9 5 4.9 5 5 5 5 5. 3.5 4 5 4 4 3.5 4 5 4 7 7 7 4.9 4.2 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 ill .nummu imimnvlll m11111 I I11 II111111 ill' I1IIIIIIIIII KIII IIIIIIIIIIIIIIIIIIIIIIIIII 1 II91111 1111 1 11IIII 11 1 1976 210.000 1977 210,000 1978 210,000 �9 210,000 1 p 210,000 1981 210,000 1982 210,000 1983 210,000 1984 210,000 1985 200,000 1986 200,000 7 200,000 1988 . 200,000 1989 200,000 1990 225,000 199/ . 225,000 $105,000 • 105,000 105,000 105.000 105,000 100.000 100,000 100,000 100,000 100,000 100,000 110,000 110,000 110,000 110,000 110,000.. 110,000 110,000 105,000 • Section 2. id offering to purchase said *ds at the lowest ititOtOlt Gait to We City, Ouch eo*t being determined by deducting the total arms unt of any pt li►ittii bid from the aggregate amount of interest upon ail of the betide fart Much 1, 1974 until their respective maturities, was the bid of The First National Bank of Miami, William R, Sough & Co., A. C. Seeker & Co. Inc., Barnett Bank of Jacksonville, Joint Managers, offering to pay: $4,000,000 for *did Police Headquarters and Crime Prevention Facilities Bonds, and $2,000,000 for said Storm Sewer Improvement Bonds, sad accrued interest on the bonds from March 1, 1974 to the date of their delivery, at the rates set forth in column (1) of the tabulation in Section 1 above. Section 3. Said bid of The First National Bank of Miami, William R. Hough b Co., A. G. Becker & Co. Inc., Barnett Bank of Jacksonville, Joint Managers, is hereby accepted and said $4,000,000 Police Headquarters and Crime Prevention Facilities Bonds and said $2.000,000 Storm Sewer Improvement Bonds are hereby awarded to said The First National Bank of Miami, William R. Hough & Co., A. G. Becker & Co. Inc., Barnett Bank of Jacksonville, Joint Managers, at the price set forth in Section 2 above offered for said bonds bearing interest at the rates set forth in column (1) of the tabulation in Section 1 above, and said bonds shall bear interest at said rates. Section 4. The checks of unsuccessful bidders shall be returned immediately. Section 5. The Commission covenants to the Purchasers of the bonds and their grantees that the Commission will make no use of the proceeds of the bonds at any time during the term of the bonds which, if such use had been reasonably expected on the date the bonds were issued, would have caused such bonds to be "Arbitrage Bonds" within the meaning of Section 103 (d) of the Internal Revenue Code of 1954, as amended, as interpreted by Sections 1.103-13 and 1.103-14 of the Regulations proposed for such purpose by the United States Treasury Department or, after permanent regulations interpreting such Code section are promulgated, the correspond- ing provisions of such permanent regulations. The Commission understands that this covenant imposes an obligation on the.C.ommission throughout the term of the issue to comply with the requirements of Section 103 (d) of the Internet Retinue tals of 19t4, as amended, -and to &ply with the requirexente of ftessury Regulations: Sections 1.1043 and 1.10344 or, after punt mulattoes interpreting such Code 'section are promulgated, the corresponding provisions of such permanent regulations. The closing papers referred to in the Notice of Sale shall include an "Arbitrage Certificate" in a form which, itt the opinion of Bond Counsel, is sufficient to satisfy the requirements of the Internal Revenue Code and Treasurys Regulations set forth above. The Mayor, the City Clerk and the Finance Director of the City of Miami, or any one of them, are hereby authorised to sign said "Arbitrage Certificate" and any other necessary papers in • • connection therewith. Section 6. This resolution shall be in full force and effect • .• immediately upon its passage. Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote -- AYES: Reverend Gibson, Mrs. Gordon, Mr.Pluinmer, Mr. fReboso and Mayor Perre. NOES: None. 2-6-74 2 l6. RBQUX101 .russ1'ruAticaiN GVvonvmZNi AbWABLLBH. Vtx.sAse,_.,isAilaAm/ Mayor Per*:41,1. have with us Mr. Manuel .tstelo, who is the National Director of the Office of Puerto Rico in the United St and with him is? our good friend Matilde Perez-Porrato, who eve here knows, and of course is very well known, not only to:the Rican community but to the general community as a dedicated wOr in the vineyards for many just causes. Mr. Manuel Bustelo, National Director of the Office of Puet Rico in the United States,lappeared and made the following stat4 rent: The agency which I now head that has its national headquarter' in New York is properly called the Migration Division of the Ccmnmonwealth of Puerto Rico in the United States. It has several offices; one in Boston, in Connecticut, in Chicago, in Cleveland, New Jersey; and the main reason for my coming down here besides bringing you greetings from my government it to make an announce.' went that after July of this year we will also have an office in your fair city. The Migration Division has several programs which it has undertaken in behalf of the Puerto Ricans in the United States. It has a two million dollar project, with approximately 175 employees at the national level. It has several programs. It has amongst its programs an employment agency which interviews approximately 60,000 Purto Ricans and Spanish nationally on a year-round basis, and places approximately 30,000 in gainful em- ployment. It has a social services program which refers indivi- duals to the approriate agencies where benefit may be obtained. it has an educational program which is also mainly a referral program to identify educational opportunities. It has a cultural program which tries to bring to the forefront the Puerto Rican artists that are budding in the several cities throughout the states; and it has as a main program what we call our farm program. We are the only jurisdiction that 1know about that follows migrant laborers throughout the United States. This is done by law in Puerto Rico, Law 87 of the Legislature of Puerto Rico prohibits the recruitment of Puerto Ricans unless this is done under the rules and regulations established by the Department of Labor. The pattern which we follow to do this is we negotiate contracts with individual employers in the state on behalf of the workers. This affords them innumerable protections, among them a group insurance program that affords them travel to and fro and it affords them minimum wage, which is in all cases higher than the minimum wage of the state, and of the federal government. We feel that because there are so many Puerto Ricans who are already being illegally recruited in Puerto Rico to work in the Florida area, that we must develop a program similar to the one that we have in the northeast here in Florida, and this is one of the reasons why we are opening our office here in July. Mayor Ferre: You know that we have in our community, I would say, no less than 20,000 Puerto Ricans, and probably in excess of 30,000, and of course your office knows that during the growing season or the harvest season we sometimes get an excess of 10,000 Puerto Ricans who come here following the migratory patterns of the farm belt in the United States. i have a question for you. Of that two million dollars and the one hundred and seventy-five, do you have many of them in Florida? And are any of those moneys expend- ed in this community? Mr. Bustelo: Not at this time. In July we expect to have a three million dollar budget, and part of that allocation will go towards the Florida area. Mayor Ferre: Obviously, we can't compete in numbers with New York, New Jersey and Connecticut, but I would imagine that after the Northeast area, and perhaps after Chicago, that Florida would be one of the largest areas of concentration of Puerto Ricans, 2b 2-6-74 R migrant and otherwise, Mr. Ruatelo: Well, we feel so, and we feel that not only d the migrants come over from the Island, but after they finish their employment in the Northeast they come down to Florida and become employed in this area right here. Now, it has been the policy in the past --.and I am not going to deny this --of the Government of Puerto Rico not to have a contract for them in the South, because they felt that, due to discrimination, that the workers would be abused. The Commonwealth does not believe that this is the truth today. Mayor Ferre: I am glad, because I want to tell you that I, personally, had conversations with at one time, and with my uncle, who is the former governor, as you know, and they had this attitude, which I think was completely erroneous, and I am glad that it is being corrected. I commend you for your efforts in this behalf, and I request from you, on behalf of the City of Miami and the Puerto Rican community here, that this be done as quickly as possible, because it is very long overdue and very much needed. As a matter of fact I would like for the City Clerk to put these comments down, and perhaps we can do this in the form of a formal resolution to be sent to you and to the Governor's office, so that it's an official action of the City of Miami requesting officially that the government of Puerto Rico take this much needed step. On motion of Mr. Plummer, seconded by Mrs. Gordon, it was unan- _imously agreed to instruct the City Attorney to prepare for adop- tion later during the meeting the foregoing motion of Mayor Ferre. Mayor Ferre: That is a motion to the Governor of Puerto Rico from the City of Miami. Commission officially requesting that the government establish an office here for *the specific purpose of looking after the affairs of the Puerto Rican community that have needs, specifically the migrant workers who are not a permanent part of the community, but come in here during certain periods, and have had in the past, and still do have, specific needs which the government of Puerto can help in. 17. PROPOSED CHILD DAY CARE CENTER AT WYNDWOOD PARK: Mrs. Gordon: It is appropriate at this moment, because it pertains to the Puerto Rican community in the City of Miami; the Wyndwood Park area, as your representative on the Community Action Agency, it came to my attention that there are available funds and staff for a child day-care center, and I requested -- would C.A.A. be willing to establish a child day-care center in the Wyndwood Park area, and they said yes. It is desperately needed. So they agreed that if we will,furnish the site they will provide the staff, personnel, supplies and so forth, that would be needed to establish this, and that they would do it quickly, because the funds are available now; and I would like to express an interest from this Commission by way of a resolution to the C.A.A. to pro- ceed to try to work out the best suitable location with our Manager for the establishment of this facility in the Wyndwood Park area, because the people who live there are handicapped by lack of transportation, and it bas to be within walking distances other- wise the benefits are lost. 2--6-74 21 Mr Andrews: My only comment --and I am glad that you ap- proaehed it the way yoh did —but if the Wyndwood Community Building is to be utilised, we would want to evaluate the rec tional program that is planned for there and weigh it against this, becauae you can't use the facility for both uses at the eaae time. Mayor Ferre: I think her motion gives you that latitude. Mrs. Gordon: To provide the facility, and they will provide the balance of the services; so I move that. Thereupon the following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION NO. 74-83 A MOTION REQUESTING THE CITY MANAGER TO CONSULT WITH OFFICIALS OF THE COMMUNITY ACTION AGENCY IN AN EFFORT TO FIND A SUITABLE LOCATION FOR A CHILD DAY CARE CENTER SOb4EWHERE WITHIN WALKING DISTANCE OF WYNDWOOD PARK, SAID CENTER TO BE PROVIDED BY THE COMMUNITY ACTION AGENCY UPON THE CITY FURNISHING THE LAND AND BUILDING Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 18...• • EXI-AD'DICTS• ORGAEZAM& REQUEST. FOR. SUPPLIES, g- MEETING PLME _________a-_- Wf-----...... -- Mr. Willie B. Edwards, Chairman and Founder of United Ex - Addicts Association, appeared and made the following statement: The United Ex -Addicts Association was founded in July of 1967. As I lay incarcerated in the Dade County Jail --one of the twenty times I had been back and forth to jail --I am an ex -addict and I shot dope for seven years of my life --and I dedicated my life at that time to making people aware of the evils and agonies of dope; the damacp that it can and will do. This brought about the forming of the United Ex -Addicts Association. This association is an organization of ex -addicts and concerned individuals who want to re -vamp their moral principles and to become deeply involved in community civic affairs. This will include helping our younger brouthers and sisters stay clear of drug abuse. The major purpose of this organization is to reach that individual before he or she makes or takes their first injection of drugs. We feel that if an opportunity is afforded us to present our program at schools and churches and organizations that desire to have us we could very well bring about the alleviation of dope in the community and Dade County. The association has also written a book. The title is, You Ought To Think About It. This book was designed with the ghetto mugger in mind. The book is simple, rewarding and very enlighten- ing. At the present time we have not had the book published, be- cause we are without the proper funds. We also are without a type- writer and proper facilities with which to conduct the various meetings that we plan to have. We have, on Thanksgiving, dome 2-6-74 2 • something that has never been done in this country. We felt that .t should have been highlighted. It wasn't; but we are still modo ing on. On Thanksgiving we passed out baskets to people who were less fortunate than we were. We felt that this was an indication of something good coming from the United Ex -Addicts Association. On Christmas we did the same thing, but nothing happened in so far as the highlighting of these particular things which we have done. The major purpose of this organization is to prove to our- selves and to society that if the opportunity presents itself we will want to be productive, constructive citizens in some fashion in the communities of Dade County. Basically the United Ex -Addicts Association is independent of and not associated with the Miami Model Cities Aware Treatment Center. We have a membership of thirty. people from all walks of life and all nationalities, because we realize that drugs pick no color, creed or nationality; it goes wherever it may, and there are no limitations to the damages that it can and will do. We want to reveal to the youngsters and those people who might be curious about drugs the things that are un- forseen until they have become involved. We want to reveal our past experiences with drugs, but now that we have come off drugs the situation is still somewhat the same; the same conditions, the same environment, and basically the only friends we can make are drug pushers and users who are trying to lead us back into traps that we have just escaped. We are appealing for jobs, be- cause the ex -addict must be --his mind must not be allowed to remain idle. He must do constructive things if he is to remain drug free. The members of the United Ex -Addicts Association are sincere in their endeavor to remain drug free. We are hoping that society will accept us in some way. Mayor Ferre: Specifically, what is your request of the City of Miami Commission? Is there anything you want us to do here today? Mr. Edwards: We were hoping that possibly we could receive a typewriter, or some type of facility in which we can conduct our meetings and perform some of the functions which I have indicated. We are not a funded organization, and the things that we are doing are from the depths of our hearts, and the fact that we don't want other people involved in drugs. Mayor Ferre: Mr. Andrews, I would then request the adminis- tration to meet, have someone meet with these gentlemen and see if we can be of some help as a City; and number two, to guide them to the appropriate agency --it might be through the United Fund, or through CRB, or any other agency that is involved --to see how we can be of assistance. Mrs. Gordon: I met Mr. Edwards at the CRB meeting which I attended, and I was very much impressed with his plea, and they are very interested in educating other young people to the fact that this organization exists, and these young people are really crusading to build their membership, and to keep other young people from going back to drugs; sort of an A.A. program, you know, and if we could actually --not refer them but actually help them somewhere along the line I think we would be doing ourselves a great favor, because we will be able through their efforts to cut down on the expenditures of, you know, providing police power for enforcing the law where drug addicts are concerned. Eventually more people out doing what they are doing is going to have a 2-6-74 29 beneficial effect, so even the books which they have written, whin they have hit a kind of stone wall; the lack of funds; they haven' been able to pubiieh it, might be an instrument that we could uti ai lime for a public relations type program. So I'd like you to loot into that, too. See if we can get the book published. MIAMI-WIRD JOINT. ACTION. COMMITTEE. DISCUSSION. Mayor Ferre: We have a request here which, since this is a legal matter, on the Miami -Metro Action Commission, whether it has now been resolved legally. Mr. Plummer: It has been resolved legally. Mayor Ferre: Well, as I understand it, it has. Why don't you explain, Mrs. Gordon, what your --- Mrs. Gordon: I don't know what Mr. Plummer has in mind. Mayor Ferre: The legal question is --and I asked the City Attorney ---can we have more than the two without having a quorum, and since I am now serving on it we have three, so we have a quorum already; so the question is if we have three, and Rose Gordon wants to go on this commission, and that's what the question before this Commission is at this point. Mayor Ferre: I t1* k in fairness to everybody on this Commis- sion that the way to do this, since it has caused such consternation and turmoil, is that ever' member of this commission be an ad hoc member of this committee, and anyone who wants to participate is welcome to participate as an official member anytime they want. Is that good enough? Mrs. Gordon: Yes, because actually you would only be leav- ing one out, and there is no need for that. Mr. Plummer: Let's get all thoughts on the top of the table. I have no opposition to Mrs. Gordon being on this, or Mr. Reboso, but let's go back to the inception of this committee and remember the purpose of putting such a limited --this was a committee to thrash out problems before we brought them to the full commission. Now, if we have the five members of our Commission, it's only right then that the nine members of the Metro Commission should be involved, and you are going to be going back into a thing were you are going to be having full hearings. That's the only point I raise. I have no objection to anybody who wants to put input into it. Mrs. Gordon: I don't know whether Manoio wants to be on it, but I do, because I have been attending and am interested in the programs that are jointly involved. I imagine he is, too. Mr. Plummer: We are just tieing up another day of hearings. If you are going to have this entire Commission and the entire Metro Commission, why not just have it during the regular Commis- sion meetings. Why put another day.on each one of our schedules, which I don't think we can stand? Mrs. Gordon; Mr. Mayor, I request that I be appointed to the Metro -Miami Joint Committee. 2-6-74 ��1 • Mayor Ferre: We have already done that, and we have gone. through that. There is already three of us, and you are the fourth, and t a in -not- i about to leave the fifth out. Mr. Reboso: J. L. says that Metro is going to do the same thing, and we will have a fourteen -member committee. Mayor Ferre: I think that if the members of the Metro Coma mission want to serve on this committee, they have the prerogative. Hopefully it is going to be a meaningful committee, and if they want to serve on it, how are you going to tell a public servant -- Mr. Plummer: Let me tell you why. There are votes taken by` this committee. If you have got fourteen members; nine from Metro and five from the City, it's uneven. Mayor Ferre: They are not going to do that, J. L.; they are going to just put no more than five, and I'll talk to Jack Orr about it, and he will have to understand that to keep the waves down that all they can appoint is five, so that we will have equity and parity. Reverend Gibson: How are you going to ask them to have equity and parity if they have a nine -member Commission and we have a five -member Commission? We utilize all of ours; how are they going to utilize all of theirs? Mayor Ferre: It would be my hope that they will be understand- ing, and that they will approach this pragmatically. If they don't then we will have to approach that problem at that time and we may have to restructure this all over again; and at that time we will have to get tough about it and say we are only going to have three members from each commission and that will be that. -Reverend Gibson: I will be willing to do this: We will wait and see, and if it gets to be a problem I'll be the first to offer that --- Mayor Ferre: We understand, and I want to thank you for being --and I am very sincere --for being magnanimous, and I think it warrants the respect of this Commission, and I thank you on behalf of everyone here. Now, is that clear; everyone is an ad hoc member of this committee, a member of the ad hoc committee. We don't need any resolution for that. Mr. Plummer: You had better have a resolution, because there is one now stating how many and who shall be. Reverend Gibson: I hope we don't make the resolution. I hope we will explore it with the Metro Commission. Mayor Perre: A11 right, let's do it that way. 1 Mrs. Gordon: i would prefer you did move it, because of the fact that there will be a meeting that will be held between now and a our next Commission meeting, and it may be a--- 2-6 -74 31 • Mayor Ferret Rose, listen, I am; as you know I like to be combination of an idealist with a man who is practical. I am goUI to tell you that I think this is a valid recommendation, and I Wain to see you on this committee, but I don't want 3'ackOrr and the County Commission getting all upset, and I think out of fairness ta. them, since this is not a unilateral action, and this is a bilatafa action of two commissions, that we at least give them the courtesy' of discussing it with them. Yesterday I called up the Mayor's of- fice, since they were going to talk about this government center, and I left word that they not act unilaterally, since the City of Miami is involved; on this government center. I heard that it was on the agenda, and I called the Mayor's office and requested --I didn't talk to him; I talked to his secretary --that the message be given to Mayor Orr that they not act unilaterally, since this affect the City of Miami. The City of Miami is going to put up a building there, you see. So now I don't see how I can make that kind of a request on one day of Mayor Jack Orr and the next day just pass something without giving him the same courtesy; so I am going to respectfully ask that we do it this way, and maybe --I will try to call now, and if we can get an answer from them --maybe we can dis- cuss it this afternoon. And please, don't misunderstand me, Rose. It's my intention to see that you get on this committee. • rI 1._ • • tlu. yr • Kr W. u1 Ir r.•• Nli [1fVIH • OK? The following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-84 A MOTION WAIVING RENTAL FEE FOR USE OF MIAMI STADIUM ON FEBRUARY 24, 1974, BY "THE POPE SPEAKS" TO CONDUCT AN OPEN AIR MASS, SUBJECT TO PAYMENT OF NECESSARY EXPENSES, AND SPECI- FICALLY PROVIDING THAT NO SOLICITATION OF ANY KIND BE PERMITTED AT SAID MASS --__- . Upon being seconded by Mr. Reboso the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. RECESS: The meeting was recessed at 12:35 o'clock P.M. until 2:00 o'clock P.M. this date. The Commission reconvened at 2:04 o'clock P.M. with the fol- lowing members present: Reverend Gibson, Mrs. Gordon and Mr. Plummer. Absent: Mr. Reboso and Mayor'Ferre. The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 74-85 A RESOLUTION GRANTING A PERMIT TO CITY GAS COMPANY OF FLORIDA TO CONSTRUCT A 2-INCH GAS TRANSMISSION MIN IN THE CITY OF MIAMI AND CONNECT TO AN EXIST- ING 3-INCH MAIN LOCATED JUST WEST OF THE CITY OF 2-6-74 32 MIAMI LIMITS IN THE CITY OP CORAL GABLES, FOR THE PURPOSE OF SERVING BASTA RESTAURANT LOCATED AT SW 26TH TERRACE AND SW 37TH AVENUE: AND AC- CEPTING THE JANUARY 17, 1974 AGREEMENT EXECUTED BY CITY GAS COMPANY Or FLORIDA: AND DIRECTING THAT SAID AGREEMENT BE RECORDED IN THE PUBLIC RECORDS OF DADS COUNTY (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer NOES: None. 22. WESTERN DRAINAGE 'PROJECT E-30 - ALLOCATING FUNDS: The following resolution was introduced by Reverend Gibson, who moved its adoptions RESOLUTION NO. 74-86 A RESOLUTION ALLOCATING FUNDS TO COVER PROJECT EXPENSE AND INCIDENTAL EXPENSE FOR THE JOB ENTITLED WESTERN DRAINAGE PROJECT E-30 AT A TOTAL COST OF $21,092 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Reverend Gibson and Mr. Plummer. NOES: None. i 22A. ALLOCATE FUN s; funNlNGS1DE: PARK' POOL =• SECURIITV FENCING 1973 The 'foll` Wi Yesa1utiun-wes- t,rtredneed-by he---- moved its adoption: RESOLUTION NO. 74,-87 A RESOLUTION ALLOCATING FUNDS TO COVER PROJECT EXPENSE AND INCIDENTAL EXPENSE FOR THE JOB ENTITLED MORNINGSIDE PARK POOL - SECURITY FENCING - 1973 AT A TOTAL COST OF $880.00 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. orlon and Mr. P luster s NOES: None. •. 1SsuM10EQF• l osTE• COLLEC 4Oti. LICENSE$ who moved its adoption t 2-6-74 3,3 RESOLUTION NO, 74-88 A RESOLUTION AUTHORtIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO VARIOUS AP- PLICANTS WHEREAS, Ordinance 7434 (May 26, 1966) as amended by Ordinance 7551.(4-17-67) provides detailed requirements for the issuance of a City of Miami waste collection license; and WHEREAS, it appears that the applicants set forth herein have applied for such license, and have met, or stated under oath, that they will meet within the required period of time, the requirements of said ordinances; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,FLORIDA: That the License Division, Finance Department, City of Miami. is hereby authorized to issue a waste collection license to the following named individuals, companies and corporations: Juan Herrera & Oswaldo Gasulla Amado Sanchez Corbar's Trucking & Trash Hauling Service, Inc. Waste Disposal and&United Sanitation Services, Divisions of Sanitas Service Corp. General Hauling Service, Inc. Alert Ecology Controls, Inc. Manuel White County Waste, Inc. Porfirio Hernandez Nathan Saunders Alonso Brothers Trash Service Industrial Waste Service. Inc., and Haul -A -Way Systems Rafael Lazaro Sanchez William's Hauling, Inc. Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer. NOES: tone. 24: INCLUDE. SOCCER. GAMES. IN. PARKING. PERMITS. FOR. ORANGE BOUL Aii oiainSTIL'W- L2fttL"J.L.d- - AN ORDINANCE DELETING SECTION 39-24 OF THE CODE OF THE CITY OF MIAMI, FLORIDA IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 39-24 OF. THE CODE OF THE CITY OF MIAMI, FLORIDA; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON- FLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI was introduced by Reverend Gibson, seconded by Mrs. Gordon, and passed on its first reading by title by the following vote - AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. 25, ADD PSYCHOLOGISTS TO. PROFESSIOt4AL. LIST. -. SCHEDULE: OF. LICENSE TAXES An ordinance adding Psychologists to the professional list con'ntaii irain"'n1ie'"' a 'e miss aci#�tTdw "im " nrwmar' Tl,"y' -- .......,,. introduced by Reverend Gibson 4nd seconded by Ws. Gordon. 2-6-74 It was pointed out that this ordinance was prepared as an emergency measure and would require four votes in order to adopt, and that there were only three Commissioners present; whereupon the matter was deferred until later during the meeting. NOTE s. .The _matter _was_ not considered again at this meeting 26. SUB -GRANT• AGREEMENT. WITH• DADS• COUNTY CITY• EMERGENCY EMPLOYMENT ' • PUBLIC EMPLOYM The following resolution was introduced by ReverenaG Ison* ,who moved its adoption: • RESOLUTION NO. 74-89 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO A SUB -GRANT AGREEMENT WITH DADE COUNTY FOR THE EMPLOYMENT OF THREE (3) PERSONS TO BE FUNDED UNDER THE CITY'S EMERGENCY EMPLOY- MENT ACT - PUBLIC EMPLOYMENT PROGRAM (Here follows body of resolution, omitted here and on file in the City Cler's office: Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. 27.. DRAFT.1403SE. POLLUTION. CONTROL ORDIRata moved Miesfaollowing resolution was introduced by Mr. Plummer, who tion RESOLUTION NO. 74-90 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO CONTACT DR. STANLEY DUNN OF THE DEPARTMENTOF OCEAN ENGINEERING, FLORIDA ATLANTIC UNIVERSITY FOR ASSISTANCE IN DRAFTING NOISE POLLUTION CONTROL ORDINANCES (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, NOES: None. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-91 A RESOLUTION WAIVING ALL FEES AT THE DINNER KEY AUDITORIUM ON MARCH 6, 7, 8 AND 9, 1974, FOR THE PURPOSE OF CONDUCTING THE 1974 FLORIDA GOLDEN GLOVES TOURNAMENT 3J Mere follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend passed and adopted by the following Mrs. Gordon, Mr. Plummer, Gibson the resolution was vote - AYES: Reverend Gibson. . NOES: NOnM. 29.. • • AUTHORIZE. PURCHASE. OF. 24. TONS. OF. FERTILIZER NO The foliow`�'g resolution was in€roducedy bleverea"t"i`6ibnr. who moved its adoption: RESOLUTION NO. 74-92 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING ' THE PURCHASE OF 24 TONS OF FERTILIZER FROM THE ATLANTIC FERTILIZER COMPANY, AT A COST OF $2,806.80, FOR THE MIAMI SPRINGS GOLF COURSE AS EMERGENCY MEASURE (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, NOES: None. 30. BID AWARD - TREE TRIMMING SERVICE: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-93 A RESOLUTION AWARDING THE BID RECEIVED DECEMBER 10, 1973, OF RUSSELL, INC. IN THE ESTIMATED AMOUNT OF $60,000 FOR THE "CITY WIDE - TREE TRIMMING, PRUNING, TOPPING AND REMOVAL SERVICE - 1974"; ACCEPTING "OPTION 2" OF THE PROPOSAL AUTHORIZING THE COMMISSION TO EXTEND THE CONTRACT ONE YEAR IF DESIRED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded'by Mrs. Gordon the resolution was passed and Adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, . NOES: None. 2-6-74 3U al AWARD. BID•. -•e4. COLOR. _ POSTERS The following resolution was introduced by Mrs. Gordon, moved its adoption: RESOLUTION NO. 74-94 A RESOLUTION ACCEPTING THE BID RECEIVED DECEMBER 10, 1973 FROM LEE OFFSET COMPANY FOR FURNISHING 8,000 POUR (4) COLOR POSTERS FOR USE BY THE DEPARTMENT OF PUBLICITY AND TOURISM, AT A'TOTAL COST OF $3,174.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, NOES: None. 32: • • FACSIMILE- SIGNATURE. OF• CITY- CLERK ON BONDS nppn the recommendations of the City.Manager and the City_ Attorney, the following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-95 A RESOLUTION PERTAINING TO THE $4,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS AND THE $2,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA; AMENDING RESOLUTION NO. 41761 AND RESOLUTION NO.42483 OF THE CITY OF MIAMI BY AMENDING SECTION 4 OF BOTH SAID RESOLUTIONS; PROVIDING THAT ALL OF THE SAID BONDS SHALL BEAR THE FACSIMILE SIGNATURE OF OR BE SIGNED BY THE CITY CLERK OF THE CITY OF MIAMI, PROVIDED THAT EACH OF SUCH BONDS SHALL BE MUTUALLY SIGNED BY ONE OF SAID OFFICERS; PROVID- ING FOR AN AMENDMENT TO THE FORM OF SAID BONDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, 1 `florcion, Mr. Plummer. NOES: None. 33. APPROVE PROPOSED• EXPANSION• • OF. FEDERAL URBAf! • HIGHWAY- AID SYS1[j The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 74-96 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE THE PROPOSED EXPANSION OF THE FEDERAL URBAN HIGHWAY AID SYSTEM IN DADE COUNTY TO INCLUDE BISCAYNE BOULEVARD, MAC ARTHUR CAUSEWAY AND TAMXAMI TRAIL SO THAT THESE HIGHWAYS WILL BE ELIGIBLE FOR FEDERALLY FUNDED IMPROVEMENTS 31 2-6•74 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 34, APPOINTMENT -TO STATUS OFF WOKEN• -• SILVIA KESSLER The following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-97 A MOTION APPOINTING SILVIA KESSLER AS A MEMBER OF THE COMMITTEE ON THE STATUS OF WOMEN Upon being seconded by Reverend Gibson the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. _Jai1,nnner. Mr Re! C FQ and Mavnr Ferre _ NOES! - 35. ACCEPT• AFRICAN, SQUARE• PROJECT IN• PRINCIPLE ,t, following resolution was introduced by Reverend Gibson, who --------------------- --------------- moved its adoption: RESOLUTION NO. 74-98 A RESOLUTION OF THE CITY COMMISSION ACCEPTING IN PRINCIPLE THE AFRICAN SQUARE LINEAR PARK PROJECT AND INSTRUCTING THE CITY MANAGER TO TAKE PRELIMINARY STEPS NECESARY LEADING TO THE ACQUISITION OF THE PROPERTIES NECESSARY FOR THE IMPLEMENTATION OF THE PROJECT; FUR- THER INSTRUCTING THE CITY MANAGER TO TAKE THE PRELIMINARY STEPS FOR THE SELECTION OF A LANDSCAPE ARCHITECT SO THAT ONE MAY BE SELECTED AND THE DESIGN AND CONSTRUCTION DRAWINGS BE COMPLETED BY THE TIME LAND ACQUISITION IS COM- PLETED (Here follows body of resolution, omitted' here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by ahe following vote - AYES:Reverend Gibson, Mrs. Gordon, Mr. Plummer, NOES: None. NOTE: Mr. Reboso and Mayor Ferre entered the meeting, and the Mayor assumed the Chair. 36. DISCUSSION ITEMS - MR. PLUMMER: Cuban Memorial Boulevard - Mr. Plummer inquired as to the present status of the sign removal and replacement for streets along Cuban Memorial Boulevard, and Vince Grimm, Director of Public Works, stated that the request to change these signs had been sent to the Metropolitan Dade County Traffic and Transporta- tion Department for action. Mr. Plummer requested a progress re- port on this matter. Mr. Plummer stated that the County Commission had appointed 2-6-74 a Government Site Study Committee and had not included a repreee tive from the City on such committee, which he stated should be done, since the City is also involved in this matter. The Mayor stated he would look into this and report to the Commission. Mr. Plummer: of the report from dollars that he is Mr. City Manager, would you tell me the status Chief Garmire, as it relates to the additional going to ;need to fight crime? P. W. Andrews, City Manager: Yes, as I indicated to you at the last meeting, we are still in the process of analyzing this. This represents about fifteen per cent. of his total budget, and it cuts across every function of his budget, and I am not anywhere near prepared to --I can give you the report, and you can see its contents, but I beg of you to give me sufficient time to analyze this. This is a complex thing. We have to re -analyze the whole departmental budget. Mr. Plummer: I want you to fully understand, sir, that, speaking for one, I am not going to vote on a dollar of that four million to be allocated until I have that report and analyze it. Mr. Plummer inquired of the Assistant City Manager as to the status of the stop signs which he had requested to be installed in the vicinity of Hallissee Street and Alatka Street, and Mr. Andrew Crouch, Assistant City Manager, stated that Metropolitan Dade County's Traffic and Transportation Department had been notified of this condition and had agreed to give it priority in their acti- vities. In response to a request by Mr. Plummer to explain the down- town%Garbage pick-up procedure, Mr. Andrews made the following statement: The notification date is March the 1st, and the proposal is that garbage and trash will be collected in the early morning hours between six and seven -thirty. Seventy-five per cent. of the downtown area has been on this scheduling while the City of Miami was rendering daily service, When we move from the daily service to the twice a week service --and that will occur in March --we, too, then, like the private haulers, will begin picking up materials between six o'clock and seven -thirty in the morning. If we find after a time that we cannot administratively control the business establishments who have been placing materials at the curbside during the hours that they are to do that in the morning, then we will come back to the City Commission to adopt an ordinance to make this a legal way of collecting it, and getting that off the streets in the late evening hours. Mr. Plummer inquired why the lights for which moneys had been allocated some months ago to be installed at the foot of Kirk Street had not been installed. The City Manager stated he would investigate this and report back to the Commission. Wainwright Park Dedication - The following motion was intro- duced by Mr. Plummer, who moved its adoption: ' MOTION A MOTION THAT THE PROPER AND CEREMONIAL DEDICATION OF WAINWRIGHT PARK TAKE PLACE ON MARCH 1, 10'i4 AT AT/ME DESIGNATED BY THE CITY MANAGER Upon being seconded by Mr. Reboso the motion was adopted unanimously. CITY COMMISSION MEETINGS- STARTING TIME: At the request of Mr. Plummer it was agreed to move the starting time of City Commission meetings up to 9:00 o'clock A.M. instead of the present 8:30 A.M. time. In response to a question by Mr. Plummer on the status of the Orange Bowl Improvements, Mr. Andrews made the following statement: I have communicated with, not all of the users, by telephone after I had written them a letter indicating the Commission's wish that the improvements that they propose in their priorities be submitted to the City prior to April 1st, and I sent the exact warding of the motion as adopted by the City Commission. I have heard from some of the users, and they have indicated that they will have their priorities in to the City long before that time. I will have, hopefully by April 1st, a report to the Commission as to the users' proposed improvements in a priority listing, and we will be able to seriously get down to business as to what is planned for the Orange Bowl after that. POLICE & FIRE OFFICERS PAY PLAN:' Mr. Plummer made the following statement: Some time ago we had a discrepancy about the Sergeant's pay and the Captain's pay. The portion of the Sergeant's pay was resolved. You said you woulld keep the door open and hopefully explore on the Captains. Have you done anything at this time? Mr. Andrews: Yes; we arrived at a final conclusion in the last two days to proceed to pay the captains what I feel is a justified increase, including --I had better read the names, so that you know them --Captain Doherty, Captain Oboz, Captain Parker, Captain Hamm and Chief Fire Officer Soto. I want to pint out to the Commission that this is based on the fact that the positions became vacant prior to January llth, but the paper work did not follow until after that date to fill the position, and these officers were penalized as a result of that, and on that basis we are going to go ahead and it is going to be made retroactive to that date. 37. PUBLIC HEARING -• RENAMING OF. WVNDWOO ' RK• TO:ROBERTO CLEMENTE PARK 'TM - 95. T-8hEa WVlie-Commxs s ion was reaay to proceed with an advertised public hearing to consider the re -naming of Wyndwood Park to Roberto Clemente Park. A delegation of persons appeared. The Mayor surrendered the Chair to Vice -Mayor Reboso, where- upon the following motion was introduced by Mayor Ferre, who moved its adoption: 2-6 -74 4&U MOTION NO. 74-99 A MOTION RE -NAMING WYNDWOOD PARK ROBERTO CLEMENTE PARK IN MEMORY OF A GREAT HUMAN- ITARIAN, AN OUTSTANDING CITIZEN AND A RENOWNED ATHLETE Upon being seconded by Mrs. Gordon the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. The Mayor requested the City Manager to consult with a group of citizens from this area and arrange a ceremony in connection with this change in name. He stated he would appoint Mr-.-FredSau.t' -o--aa Chairman of a committee for this purpose. AN OFFICE IN• TNE CITY' OF MIAMI The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-100 A RESOLUTION EXPRESSING THE DESIRE OF THE COMMISSION OF THE CITY OF MIAMI THAT THE GOVERNOR OF PUERTO RICO ESTABLISH AN OFFICE IN MIAMI FOR THE SPECIFIC PURPOSE OF COORDINATING THE AFFAIRS OF PERSONS OF PUERTO RICAN ORIGIN WITHIN THE LOCAL AREA, WITH PARTICULAR ATTENTION TO THE AFFAIRS OF MIGRANT WORKERS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. GordQnl_Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 39 CONSULTANTS PRESENTAT[0( - ANALYSIS OF -CIVIL SERVICE EXAMINATION PROGDURES• AFFECTING' THE POLICE DEPARTMENT P. W. Andrews, City Manager made the following statement: As you are all so well aware, the City of Miami must appoint a firm to conduct the police testing program, and this is to be done by an independent organization. They are to prepare entrance and promotional examinations for the Police Department; to monitor the giving of these examinations; to prepare a method for scoring the examinations, which includes giving weight to seniorities, and to score these examinations so that eligible registers can be established. When this was presented to the City Commission you authorized me to solicit proposals from firms throughout the country. I did so, and having communicated with eleven such firsts, I then conducted a personal interview process with three firms that I had selected that seemed to be the most outstanding in this particular area; that had credentials which indicated that they could carry out the mission that the City Commission intends. These three firms are identified as the Industrial Relations 2-6-74 41 Center, University of Chicago, the Educational Testing Service,, Princeton, New Jersey, and the Personal Research and bevelopment, Corporation of Cleveland, Ohio. This past Monday we received word from the Educational Testing Service that they chose not tO appear before the City Commission to make a presentation. They are at this time not interested in providing the services that we are looking for. I had hoped that we would be able to supply. the Commission with three firms to choose from, but time, I be- lieve, is of the essence, and now the City Commission has the opportunity to hear from two of these three firms, and it is my recommendation that the City Commission listen to their presenta- tions; evaluate these two firms, and select, or rank them if you, choose; selected on of the two firms, and then you will authorize me to negotiate with that firm to render the service of examining the testing procedures for the Department of Police. In response to a question by Mr. Plummer, Mr. Andrews stated that there were more than three firms which submitted applications. In response to a question by Mr. Plummer, Mr. George Adams appeared and stated he was one of the plaintiffs in the litigation which resulted in the procedure of selecting an outside firm to prepare and conduct these tests. He stated that the association of plaintiffs did not feel that the selection of such a firm should be made from only two organizations. Mr. Plummer expressed the opinion that the matter should be deferred. Mr. Andrews: I recognize that three would have been better. There was no criteria that three had to be present. One would have been sufficient. We made every effort to get three here. There are advance notices that have to be given, airline travel; people have arrived here to make their presentations, and I think that for the Commission to postpone this matter; if nothing else at least hear these two and hear them out, and if you want to hear a third one, then we can invite another firm down at a later date. Otis Davis, 167 NW 56th Street, appeared and stated he was the President of the Association for the platiffs in the afore- mentioned litigation. Mayor Ferre expressed the opinion that this matter should be considered by the Commission as soon as possible. John Lloyd, City Attorney, called attention to the portion of the Court Order which pertained to the Fiaintiff having the right to object to the Commission's selection of a firm to do this work, but that the objection before the Commission at this time was not that, but an objection to the hearing of only two firms' presentations at this time. The City Manager reminded the Commission that the Court had allowed a full year for the selection of a consultant, and that the entire procedure need not be accomplished until five years had elapsed; however, it was the desire of the City administra- tion to accelerate this schedule. He stated it would require a year or more to make the transition from the present examinations 2-6-74 • to examinations prepared and administered by an outside consultth firm, and that in the meantime the City needed to employ additi poiide officers. He stated that the City had already employed a Latin Professional in this field, as well as a black professional in this field, to assist the Civil Service Board in preparing ah examination which would not be discriminatory or biased to these ethnic groups. He made the following remark in connection there- with: So our approach to this is that in this Sergeant's examinam tion, these people have been studying for a great length of time. We were happy to get a black professional and a Latin professional,' so that they could immediately begin looking at this examination. They may not be able to re -structure the entire examination, but they are going to look at it to make sure that there is nothing in there that is of an ethnic bias, so that we can move ahead. Robert Paulk, Executive Secretary of the Civil Service Board, stated that the announcement of the Sergeant's examination had been made prior to the issuance of the court order, and that the Civil Service Board had been trying ever since that time to get the matter of the selection of an outside consultant before the City Commission as soon as possible. Mr. Adams stated that the Association which he represented did not want the test to be given as it was presently prepared by the Civil Service Board. Mr. Davis stated that at the time the City Manager had an- nounced that the City was ready to initiate the procedure for selecting an outside consultant those officers who were studying for the present -examination had abandoned their studies. He stated this was some two months ago. Reverend Gibson expressed the opinion that the City Commis- sion should not attempt to proceed with this selection without the attorney for the plaintiffs being present. In response to a question by Mr. Plummer, Robert Paulk stated that the present -Civil Service Register for Sergeants would expire on April 4, 1974, and after that time there could be no one pro- moted to the rank of sergeant until a new register was established if the Commission decided to hold in abeyance the examination presently scheduled for sergeant. He stated further that sergeant examinations were necessarily scheduled some three months in ad- vance of their actual occurrence. After general informal discussion Mayor Ferre made the fol- lowing statement: All right, now, ladies and gentlem, Iil tell you; the Chair is going to take the prerogative and rule; and here is what I think we are going to do. We are going to listen to the presenta- tions of the two firms that are here. After the presentations are over I am going to ask both of you if we can follow Father Gibson's suggestion --and I want your opinion on the record --and if we can get your positive opinion on it, then I hope we are going to select a firm for the Manager to start negotiating with, and hopefully conclude negotiations very quickly, so that they can get down to the task of looking at that exam. So you will be recognized after the two presentations. 2-6-74 443 Mayor Ferre (continuing): All right, would you tell ue- and lisiit your answer just to this question, and then you can make your presentation later on --in your opinion, if you were to be awarded this contract, will you have sufficient time, and if so, by when, practically, do you think that you could look at this exam and cane back to the Manager with the parameters of a recommendation? Dr. Melany Baehr, representing the Industrial Relations Center of the University of Chicago: I am Dr. Baehr from the Industrial Relations Ceder. I understand that you would like us to examine the present examination for Sergeant and pass some kind. of judgment on it as to whether or not this is an appropriate ex- amination to be given in April. Mayor Ferre: That's correct. Dr. Baehr: We are very anxious to work with you, and we are very anxious to be helpful also, but I must say that merely to look at the items in an examination and thereby to pass judgment as to whether these are appropriate items or not is not really a professional procedure. Mayor Ferre: So the answer is no. Dr. Baehr: No; the answer is that we would like to look at the examination first and see what can be done by way of prelimin- ary analysis, and then come back with an answer. Mayor Ferre: We don't have time for that. We have to make a decision here today. Mr. Plummer: Mr. Mayor, for the record, you are speaking for yourself, because I think there is time, and I think in the wisdom of the federal court, they saw that, and that's why they set down the perimeter of one year in which to make this selection. Dr. Baehr: It is possible we could make some kind of general evaluation, but we would like to see the examination itself to determine what we think is necessary before it can be implemented. Mr. Irwin K. Taylor, Director of Research, Personnel Research and Development Corporation, Cleveland Ohio: I would have to agree completely with Dr. Baehr, and perhaps go a bit further; that merely looking .at an examination, whether this one or any other, is not a sufficient basis on which to pass a sound, professional judg- ment with respect toy either to its possible freedome from bias, which is one of the criteria set down by----, or its job related- ness. In the case of a promotional exam it is most likely that the examination would be predicated on what we know as content validity; that is, the relationship of what the exam has to what a candidate for sergeant is supposed to know about police work. This would have to be evaluated by an expert in police work, rather than by a psychologist, and particularly by an expert in the re- sponsibilities of a sergeant in this municipality. I don't think that could be done between now and the time it is scheduled. 2-6-74 Mayor Ferret If you were able to look at the examination --I prea. aurae the examination is ready, isn't it? Mr. Robert Faulk; We had an examination for Police Lieu- tenant ready September of last year, but certain things have been eliminated from the study material, and we don't have an examination ready. We were preparing a sergeant's examination, and it is not ready now. Let me say this; that over the years examinations were used from a bank of questions over and over, and when I took the job that I now have I said new questions will be prepared for all future examinations of police promotional and fire promotional examinations, and empiracle data is not avail- able on the test questions for future examinations. Mayor Ferre: Is the examination taken from a series of questions that are now available? Mr. Faulk: No, sir; they are taken from questions that have been prepared since I have been in that office that have not been used. Mayor Ferre: Do we have a list of some questions from where the examination is prepared? Mr. Paulk: Yes, sir. Mayor Ferre: And the examination would not be prepared ex- cept from that book, or that list. Mr. Pa ulk: That's correct. Mayor Ferre: Now, let me ask you, Mr. Taylor, and Dr. Baehr; if the book and the list were made available to you, could you tell us by February the 28th, which is our next meeting, whether or not you could give us an evaluation of the fairness of the questions, so that then we know where we stand in regard to the April the 3rd test. Mr. Taylor: I am not sure how you are using the term, fair- ness. Mr. Plummer: May I intercede for one minute. Dr. Taylor, to you and Dr. Baehr: Let us not put the horse before the cart. In your professional opinion, if your firm were chosen on the 28th of February, what do you feel is the earliest reasonable date that this exam could be scheduled? Mr. Taylor: Using available material, or creating new material? Mr. Plummer: Whatever the recommendation of yours is going to be. If you are hired on the 28th of February, which we assume one firm will be --- Mr. Taylor: months. Mr. Plummer: or for you to have come forth with an be the reasonable I would have to go along with the four to six Are you saying for the exam to be scheduled, an answer? In other words, you are going to exam within six months, and then what would time for study for these men to prepare 2-6-74 4 themselves? When couldMr. paulk give the exam at the earliest reasonable date? Mr. Taylor: If I may give what can be considered an off -the cuff answer, once the source --and I am assuming that is for a promotional exam, and there is a big difference between a promo- tional and an entry level --once the source material has been identified --and this would have to be done in cooperation with experts in the police field in this municipality --once the source material had been identified, the examination could be an- nounced and the source material identified for the personnel to study; so that actually an examination could be announced and the study material publicized --and I don't want to speak for Dr. Baehr now--beforethe examination was actually completed. Mr. Plummer: To be given, sir; that's what I am getting at. Mr. Taylor: That's what I mean; to be administered and scored. Mr. Plummer: All right; how long are you saying, sir? Mr. Taylor: I would say a month or two after the contract is negotiated an agreement has to be reached as to what the source material is, it can be immediately announced. Mr. Plummer: Within a month or two? Mr. Taylor: It could be a month or two; it could be as little as a few weeks, if ready concurrence is obtained from the police department that this is pertinent material. Mr. Plummer: What you are saying to me is, if your group is the group chosen on February the 28th, you feel it would be reason- able that the exam could be given within six months? Mr. Taylor: I think so. Mr. Plummer: Dr. Baehr, is that still your same conclusion; that if your group were chosen on the 28th of February, that you feel in all reasonable fairness that an exam could be given within six months? Dr. Baehr: Yes; I believe that is the answer that we gave, sir. Mayor Ferre: Now the point still remains the same. We have got two matters before us today, Judge (attorney Jesse McCreary, One is the selection of a firm, hopefully, to get going on this procedure; and the second thing is the question of the examination of April the 3rd. Mr. Plummer: No, sir; I am sorry, Mr. Mayor, I am going to have to correct you again. That is not before this Commission. We have no authority over that as it relates to Cimd]. Service. 4c) 2-6-74 ii Mayor Ferrel I'll tell you, J.L., technically I am going to agree with you, but as you know a lot of times things don't happen technically, and I am talking to the intent, and we all know what we are talking about right here. Now, Judge, what I would like to do here is get on with the selection of this firntt and hopefully we can start the ball rolling on this procedure and then let the chips fall where they may beyond this. You follow me? Because if we start stalling and waiting for another month to select, to get more people into this procedure, in my opinion all we are doing is just building a bigger fire under whatever is boiling. I don't care, because I don't know any of these people. All I am saying is that three people were supposed to be here. Two have shown up. I assume that they are qualified, either one of them, and I just want to get this procedure going. Now, let's listen to these two firms. Since we heard Dr. Baehr.last time, I think we will give the opportunity this time in reverse order, and we will let you, Mr. Taylor, make your presentation at this time. Mr. Taylor; The Personnel Research and Development Corpora- tion, which I will hereafter refer to as PRADCO, was founded in 1955, by myself and two colleagues. It is a purely professional management -psychology organization, whose one and only responsi- bility is to do work such as this. All of our staff, with one ex- ception in our New York Office, is qualified at the PhD level. All are licensed psychologists in one or more states. We have no other obligations. Our sole responsibility is to PRADCO. We are not permitted to teach. we are a small, flexible, highly profes- sional organization with superb computer facilities and adequate back-up staff, and a world of experience in the development and validation of all kinds of tests. All of this is documented and available to the Commission. I don't know what displays, if any, you would like. We have participated in a number of similar situations, usually prior to rather than after a court decree. We are small, flexible; we have no internal bureaucracy, and we are recognized to be professionally competent. Two members of the department, which is a project department, that will handle the major responsibility for this project are Diplomates in industrial psychology, The American Board of Examiners in Psychology, and those, myself and Dr. Carlton, both of whom are extensively ex- perienced. Now, whether you want specifics of what other munici- palities we have worked with --our staff consists of eleven full- time' professionals, one of whom does not have his degree. We were deeply, and for an extended period, involved in the Philadelphia situation. We were involved with the City of Albequerqe, New Mexico. I was one of the consultants to the U. S. Civil Service Commission on the case involving the federal civil service entrance examinations. We were the principal professional consult- ants for the State of New York in a case involving the promotion of prison guards, which has yet to be resolved. We are currently working with the cities of Flint, Michigan, Columbus Ohio, in similar situations. We are involved with about ten municipalities. Mr. Andrews has a list of them --I cannot recall them off -hand --in which we participate in the selection of police and fire personnel; besides which we have done a tremendous amount of E.E.O. work in such industries as Celanese Corporation, Union Carbide, Diamond Shamrock, to mention just a few. I am a member in good standing and an active participant in the Urban League of Cleveland, and am concerned as much with a viable, effective police force as with 2-6--74 41 itapartial, fair examinations. I walk a Mr. Plummer: Is your organization a university? tight -rope. in any way related with Mr. Taylor: No, sir, we are not. We are totally indepen dent. We are a corporation for profit. We do not use graduate students; we have no training responsibilities; we do not have any classes to meet when we should be here, and our fees are adequate --we are not the least expensive organization -to provide a highly professional service. We exist only by virtue of the fact that we have, since 1955, satisfied the needs of clients. We do not do, by the way, we do not accept or render service to any individual. Our services are only available to business, industry and government, so we are not all counseling people, or psychoanalyzing them. We are strictly an organization for helping business, industry and government with its personnel problems. Mr. Plummer: Have you read the final order of the court? Mr. Taylor: No; I don't think --in fact the order I read was not final. Mr. Plummer: I am sorry; the partial final. Have you read that? Mr. Taylor: Yes, carefully; and I am confused by it to some degree. I am not an attorney and I do not know --I have sought verification from the City Attorney's office yesterday whether the implication of that order was that we were to pick up and go off to Cleveland; come back four to six months hence with a validated examination, or whether we would work with the City Manager, the Police Department and the Civil Service Commission. If the former is the case --and Mr. Lloyd assures me that legally it is not --we would have to respectfully request to be released. Mr. Plummer: You are stating for the record that your organ- ization can comply with all of the orders of the court. Mr. Taylor: We cannot guarantee' that any test that we make will stand the test of empirical validity, any more than an attorney can guarantee that he will win a case. We will do our best. Mayor Ferre: We understand that obviously there is no way that you can be legally bound to guarantee something which is in the final hands of the court to decide. Now, Dr. Baehr, I am going to limit you to answering ques- tions, rather than the making of a presentation, because you have already done that at the previous Commission meeting; so if you will come up, let me start off by asking you some specific questions. What size staff do you have? Dr. Baehr: We are a large organization. We are a part of the Pratt Institute of the University of Chicago, and as such, being part of the Industrial Relations Center, and being large, we therefore have special divisions set aside that work in special areas. At the present time the people that would be working in 2-6i-74 46 our area for the law enforcement manpower research would number about five or sit professionals. Mayor Ferre: that are directly involved. Now how many people are indirectly involved that are at your --- Dr. Baehr: We certainly would, of course, have all the pea; who would be doing the actual statistical analyses, that we call our measurement analysis and research laboratories, where there is again a fairly large staff of about six or seven. Mayor Ferre: Would that include graduate students? Dr. Baehr: It has always been our policy that we would train' from Bachelors and Masters levels onward, so that we have our measurement and research laboratories staffed with people who do the actual routine work at that level. .Mayor Ferre: Does that mean yes? Dr. Baehr: Yes. They are all full-time, and full-time en- gaged in this work; and I would like to also point out that they are all research appointments, and that with the exception of myself, at the present time is minimal. Mayor Ferre: Would you repeat a list of your clients, or at least your major clients, especially those that are similar to the City of Miami. Dr. Baehr: I could do that, but since Mr. Furcon has been the man who has worked most extensively in that. I believe he could give you some background. Mr. Furcon: Let me just answer briefly that we began to work in this area in 1966 with the City of Chicago. From that time we have worked with the City of Detroit in a very similar project; have worked successfully in a state-wide project in the State of Illinois, and have assisted other communities, such as the City of Louisville, Kentucky, and cities of similar size. I could name a number of communities in Illinois; the City of Peoria, Evanston, Roxford, as well as a number of smaller cities. In ad- dition we have worked with the Illinois State Police in related matters. Mr. Plummer: Have you read the partial final order? Mr. Furcon: Yes, we have. Mr. Plummer: Do you feel that your organization will be able to comply with this order? Mr. Furcon: We feel that applying the proper productional procedures and effort, we can do all that is professionally pos- sible to be in compliance with that order, but it has already been pointed out, that's something for the judge to decide. We feel that our activities would certainly be, not only professionally appropriate, but legally appropriate as•well. 4� 2-6-74 In response to a question by Mr. Plummer as to the fee str.tcture of his organization, Mr. Furcon stated: Ordinarily our fee structure is not a per diem rate, since we are not a consultant in the general use of the term. Our fee structure is generally on a salary allocation basis. For example, allocat' ing 209E or 50% of someone's time to a project in a given year. This is generally the nature of the contract that the university enters into. Mr. Plummer: You know that really doesn't tell me anything. How much is this going to cost the City of Miami if you are hired on February the 28th? I am not asking you to pinpoint it, but about what is it going to cost? Mr. Furcon: We have certainly tried to study the matter carefully, and of course have not had an opportunity to probe all; the details of what would be expected. It is my understanding that there are at least three examinations at issue; that of the patrolmen selection; that of the sergeant's promotion, and that of the lieutenant's promotional examination. Now we have con- sidered what the staff costs and general over-all costs would be to prepare those three examinations; insure proper validity; administer them, score them, and give back to the Civil Service Board what the court order calls for the outside agency to do. Our ball park estimate for that work, those three examinations, and which would, by the way, entail about a year of total effort, is in the neighborhood of about a hundred thousand dollars. Mr. Plummer: Dr. Taylor; the same question to you. A ball park figure. Dr. Taylor: Unlike the industrial relations group of Chicago, our fees are predicated specifically on the amount of time consumed, and range from sixty to seven -fifty an hour, whether it's professional at various levels, or clerical. We do not allocate a fixed amount to a project; we only attach to a project what is actually used, plus, of course, out of pocket expenses. My estimates are predicated on the fact that we would not go off and make an exam, but on .the fact that we would work closely --and this is the only condition under which we would be willing to accept --with the police department and the civil service commission; and I would say the first year, which would produce the three examinations, would probably run in the vicinity of fifty thousand dollars, and through subsequent years in which the validation against both training and performance criteria would be done, might add another fifty thousand; so my ball park figure is a hundred thousand dollars for the three years stipulated in the consent decree. After further brief general discussion, in response to a question by Reverend Gibson as to the possibility of moving forward rapidly on this matter and selecting one of the two con- sultants present at this meeting, Attorney Jesse McCreary, representing the plaintiffs in the subject litigation, made the following statement: We have no objection to this Commission selecting its agency at the earliest possible date. We will concede that you can select that agency from the two that came today, and if in my mind the other agency that apparently is not interested in our program, we are not trying to be unreasonable, if this Commission 2-6-74 DU decides to select an independent agency today, it's line with us. 1 can't say that we prefer one over the other, from what we have done. Mr. Plummer: 'Wu have no objections, as an attorney repre.+ renting your clients, to either agency. Mr. McCreary: We have no objections to either agency. We' would prefer one over the other. Reverend Gibson expressed the opinion that a selection of one of the two consultants present at this time would be in order, with the two consultants selected by the Civil Service Board monitoring their activities. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 74-101 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH INDUSTRIAL . RELATIONS CENTER, U. OF CHICAGO, FOR THE PURPOSE OF PREPARING ENTRANCE AND PROMO- TIONAL EXAMINATIONS FOR THE POLICE DEPART- MENT AND TO CARRY OUT THE OTHER REQUIREMENTS AS PROVIDED IN THE PARTIAL FINAL COURT ORDER, SAID CONTRACT TO BE SUBMITTED TO THE CITY COMMISSION FOR RATIFICATION PRIOR TO EXECU- TION (Here follows body of resolut:Lon, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. The City Manager was instructed to meet with all parties concerned and attempt to resolve any problems which might exist in order that action might result as soon as possible. Mr. Paulk stated that the Civil Service had already an- nounced the holding of a police entrance examination in March, the week of March the 4th, in acknowledgement of the necessity to fill the vacancies in the police officer positions as they might occur, in order that the City would not be deprived of needed police officers during the time this analysis was being made by the outside consulting firm. Attorney McCreary emphasized that his clients expected any civil service examination to be held fairly and without preju- dice; otherwise he would be compelled to take the matter back to the federal court. 2-6-74 411 rrrr.rsn:r r..r..wY.i..JiwA* AW o.AAarca.t.Ai�:..t�. s a�rrar: Mr. Plummer: Mr. Mayor, I will try to be as brief as possible on ?17A. Mr. Mayor I don't think anybody two weeks ago when this thing came to everyones attention could deny that there was and is a big problem existing in the City of Miami, in South Florida and in fact all across the country, as it relates the securing of gasoline for automobiles and other vehicles. From the incepti let me say that I would like to thank Mr. John Lloyd and the Lega Department for a great deal of resource and background which they have done in this matter. Mr. Mayor 1 do not in any way intend today to try to set a pre- cedent or policy of this Commission.. I felt that it was nec- essary that this Commission could not sit back and deny the fact that this situation did exist, that in fact si»me policy had to be set and something needed to be done. Mr. Mayor I have two things to propose to this Commission for which they can do nothing. They can implement them to their fullest; they can alter them or whatever they wish to do. As we all are aware, Metropolitan Dade County yesterday, solely on a voluntarily basis passed the odd and even type of Oregon Plan for filling up cars. It was thought by the City Attorney and myself that a more fair and equitable situation would be a policy which we found existing in a number, of other cities, namely our sister City of Sar.sota. Not only did Mr. Lloyd secure from them their ordinance but also in- quired as to how it was working. This is the Ordinance which you have in your hands presently; commonly referred to as the half tank remedy. What this means Mr. Mayor, that anyone with a half of tank of gasoline or less would not be sold gasoline until their tank ran down to that level. It was found by many filling stations that people in panic buying would pull in and say -"Till up the car" and take 50 cents worth of gasoline, which in fact Mr. Mayor, added to the long lines and the problems that were being created. This as you have before you is the one Ordinance which as I say I give to the Commission for their consideration. The second idea that 1 would like to give to this Commission is an idea which was brought to my attention and I have checked with the Legal Department is within the purview of this Commission to enforce, whether you wish to do it on a volunteer basis or a mandatory is up to this Commission, and that is the prohibiting of gasoline sales during certain hours. Namely that gasoline would be prohibited to be sold between 7 to 9:00 A.M. and 4 to 6:00 P.M. in the afternoon. Or Mr. Mayor I think you can easily see the two critical periods of time of heavy traffic upon our streets. Further it would be encouraged that nights sales be resumed, which have now been completely eliminated. The case Mr. Mayor which was brought to my attention was the suffering of merchants who exist around filling station, that today people cannot get into their stations because of these long lines,problems,fights and everything else. It is felt with the encourgement of night sales that the plan would be fair today, to people who cannot go, get in these lines because they have to go to work,could in fact everyone avail themselves if night time filling of their automobiles. The final thing that I wanted to bring out as to that plan was the idea, and I will use.the example 2-6-74 • of 17th Avenue and Coral Way as it relates to Coral Way. Befot the energy crisis or the gasoline crunbh, whichever you wish tee call it, Coral Way carried as much traffic as it could hold righ' then and there, between the hours of 7 and 9, and 4 to 6. TcydaY if one filling station opens up between the hours of 7 to 9, one lane is completely closed to vehicular traffic or cutting in half that street which was already overburdened. Mr. Mayor, to you and my fellow Commissioners this is what the taw Department and I have come up with and hopefully this Commisaiori will come to some kind of determination that it is fair and ectuita1s� everyone. There is a gentleman here, Mr. Bi11 Schemer, who is a representative of Allied Gasoline Retailers of South Florida and also Mr. Lou Doucette who I would like to invite to come up and to speak to this issue. Gentlemen, if you wish try to shoot holes into it, because I think this Commission would like to do some- thing to make everybodys' life just a little easier, so I would like both of you to come up and make comment if you will at this t ime . .Mr. Schemer: I am Mr. Bill Schemer, I'm the South Florida Re- presentative of the Allied Gasoline Detailers Association of Florida. As I do not have a copy of the proposal before you I will be unable to make the proper comments c'n its contents. However, based on the remarks that were made by Mr. Plummer, I would like take exception to the acceptance by this Board of the Sarasota Plan, to -wit, and I'm not an attorney, and I assume by the elegant way that you conducted yourself in the interrogation of another attorney that you are. Mr. Plummer: That I'm an attorney Sir. Mr. Schemer: Yes. Mr. Plummer: This is one undertaker that d,.esn't profess to be an attorney, Sir. Mr. Schemer: Well, quite often attorneys hlso become undertakers unknowingly. May I state and again I am not an attorney. I have been led to believe by learned attorneys that if a service station operator, or anyone else enters into a private automobile it is an evasion of privacy. I do not feel that any service station operator should assume the liability of becoming a policeman by exposing himself to the liability of a Civil suit by looking into an automobile to check that meter on the dash board. <01 We would like just as,Jiave recommended to the County that this be a voluntary thing and that the media propose to the public that they be their own policeman and not ccme into a station unless they have less than a tank of gas. Mr. Plummer: In other words what you're saying is, you don't feel that there is the right -,r authority or the police power to do suoh.Is that cL rrect? Mr. Schemer: Not only that, but I do not believe that I w:•uld recommend to the dealers to go into a person's car to check to see whether legally they are entitled to get gas nr- Mayor Ferre: I passed to the City of Miami Commission, and I hope you had the opportunity to read it and this newspaper we can name, The Washington Pc_4st,and on Thursday, January 31 there was an article in that and I hope you've had an opportunity to read it. 2-6-74 5,3 • • In the interest of saving time let me read an excerpt of that, t speaks of this probler: "In an effort to ease the gas station ti this is in Montgomery County, The Greater Washington Maryland Set' Station Association is putting up signs for its 800 members staid` telling motorists of 2 and $3.00 minimum purchase requirements." thlt means,that if a car,which is another way oi.skinning that ca which•you're talking about, you may not be able to go in and measure whether a man has a half tank or not, but what you can do'' you can say, the least you're going to pay today is $2.00 or $3.00 and that takes tare of that problem right then and there. Mr. Plummer: Mr. Lloyd and I felt that we didn't feel that it was right for the Commission to get in and dictate to a man how he should be limited in his sales. That a more fair and equitable way would be the half tank rule. Mayor Ferre: Let me read to you the last sentence of that article. "It says the minimum purchase plan, which is what this is, has the unofficial blessing of the Federal Energy Office a similiar minimum purchase plan is in effect today in Hawaii." Mrs. GLrdon: I think the Mayor has a good point there, because your objective was the limit of 50 cents sales, and anybody that needs 50 cents worth of gas is that ready to spend 2 or $3.00. Mr. Plummer: Well Rose, let me tell you the only thing that we found that was objectionable. OK, and I've talked to a lot of people on this. Dealers, people that were standing in line and things of this nature. It was felt by a lot of people that they were hood- winked. They pulled in a line expecting, expecting to fill up their car and when they get up to the pump they burned up $2.00 worth of gas waiting in line to get to the pump, and they've accomplished nothing. They wasted two hours of their time. Mr. Mayor, when the City Manager?and I came back from lunch today, we saw right here at 27th Avenue and Bird, these same problems that we hope that some of this will overcome. Sir, let me say to you that I don't profess, the one thing that I don't profess is to be an expert in the gasoline business, that's why I went to some of these people. Let me tell you•what really came to my attention and what really started and motivated it and I think it's fair, Mr. Schemer, and I think you've got to keep this in mind. A man at 16th and Flagler, who was greatly affected by these lines at 17th and Flagler, said to me, "Commissioner Plummer I don't think that man in making his daily bread, at 17th and Flagler, should have the right to deny me of making my living,and his place he can verify, was off in sales 50% because people could not get into his place of business. Nlw this idea of the prohibition of sales at certain hours, if it was to be encouraged of night sales, most of your small retail businesses are closed, and it wouldn't affect them, so that was the reason that we thought that this might be a good idea. Mayor Ferre: J. L. let me go back.: to this Washington Pest article. Since this is already in existence in the Washington Maryland service with 800 members stations participating and since it is backed by the office of the Federal Energy Office, since that's an established modus operandi want don't we try to go in that direction. Mr. Plummer: Mr. Schemer, would you talk to that,. Sir? Mr. Schemer: I sure would. Is that documented. Mayor? 2-6-74 • Mayor Verret NO, well, I've Spoken to the Internal Revenue Waahington Poet. Mr: Schemer: I've spoken to the Economic - Stabilization Divia of the Internal Revenue, which is charged with the enforcement of phase 4 regulation, and they have at no time indicated to me that there is any way in which you can raise the price of gasoline. Y are entitled to the sales price as of May 15, 1973,plus all inere in your wholesale cost of gasoline, plug 1 penny. Mr. Plummer: He's not talking about prices. Mr. Schemer: You're talking about the minimum purchases, aren't you' Mayor Ferre: You'•re counterpart, OK. Mr. Schemer: That's right. Mayor Ferre: This Commission is going to do something. I'm going to tell you right, that I'm going with Mr. Plummer, OK Mr. Schemer: All right. Mayor Ferre: I'm just telling you, you'd better figure out which is the best way for you, because I'm going with that and I think that this one is a better way to do it. Mr. Schemer: Mr. Mayor, I'm not here to threaten you. I do feel if we came here of good, of our own free will to assist this body, in assisting us as well as the general public. We've been trying for 5 months and we've been calling to everyone, we've been talking to everyone, we've been pleading to everyone, I haven't made nor has anyone else made a formal plea to this body. But we have been talking of the very problems that you're trying to solve now, and we've been asking for assistance from every possible source except local source which we felt could not help us. The problem does not lie in the lines in the way the station operates, in anything else the problem lies in the fact that we do not..have enough gasoline to furnish the needs. Mayor Ferre Nobody could argue with that, but let me tell you something. I happen to be one of these half tank guys.myself, and we had a little problem with the blood banks around here. Now you say what does that have to do with this. What we came up with wasn't perfect, but it was -a step in the right direction, rather than doing nothing, we're going to do something, even if it's only a half tank measure. Mr. Plummer: Mr. Schemer, will you speak tc the others Sir, to the prohibiting of sales during those rush hours crucial traffic times. If this Commission wanted to impose the prohibiting between, let's say 7 to 9 and 4 to 6, and encourage night hours sales. Do you think it would be helpful? Mr. Schemer: Mr. Plummer, I speak again only for the Members of Allied Gasoline Retailers Association here in Dade County, which you are referring to those particular in the City of Miami. I feel that each and every one of them would do anything, other than break the law to help ease the situation that we've got now, and when i tell you that their loss is by far greater than that of the general public, I'm speaking in truth. I take the position that I take now because I have a sincere interest in the people of Dade County and 5i) 2-6-74 the City of Miatti as well as these dealers interest. I fought thig battled; t*ve bled With them, and t know that some of the things were brought up here today are not workable; they're being challa` in Saraecta. The Internal Revenue says we cannot charge a minimu* price. It is the equivalent of raising the price of gasoline. Th are the points I attack, not the intent of this body. Mr. Plummer: Mt. Schemer, do you think that it would be helpful to. the situation if this Commission passed a law of prohibiting sales: between 7 to 9 and 4 to 6. Would it helpful not only to the gen,- eral public who today are suffering, but also to the dealers? Mrs. Gordon: But J. L. suppose somebody is getting low on gas and they are on their way to work, what'll they do? Mr. Plummer: Well Rose, it's a matter of education; they'll do something the night before. Mr. Schemer: Let me give you something, while we're talking about we might as well be a little bit humorus,, about it and not take it so seriously even though it is a serious problem. Now these very dealers that I represent have undertaken of their own volition to set up an Emergency Vehicle Program whereby, medical emergencies would be avoided because we have given indication that we will get up in the middle of the night and meet a doctor who is out of gas, pump one tank full into it, if it's 10 gallons, if it's 20 gallons or what have you. We may make a gross profit, of possibly a $1.25, but we'll get up in the middle of the night and go down tc prevent that. But even with those good thoughts in mind, and even with all best intentions, which we as well as this body has, you'll have people that will take advantage of it, you'll have people will not comply with it, just as I had a doctor call me the other day, and he says I've got a of a tank, and he says I've g(t t• make my hospital calls. Immediately in front of his office, less than a block away is a station that sells over 200,000 gallons of gasc:- line a month. It has a line around it all the time. Is open 6 days a week, and has not been closed since the initiation of phase 4, but he wouldn't wait in that line. He wouldn't during his office hours have someone else take his car over and wait in that line, but in order for him to make the profits that he was going to make by his calls, he wanted a dealer to go open up his service and make a dollar to do it to make it convenient for him. Well when he called, and after describing his situation, I almost told him, put two aspirins in the tank and call me Monday. Getting back tc the seriousness of it. The County has recently passed a resolution, which again is voluntary, in which they hope this will alleviate the line. I think that based en current conditions that we have today, we don't need anymore confusionwith different regulations, one conflicting with the other, or one being more con- plicated than the other. Don't you think it would be adviseable, if we waited to see if this is going to help the problem that we face be- fore enacting something else that we don't know is going to work either. We don't know that the County plan is going to work, but we've got to try it. Mr. Plur+uner: Are you telling me that you don't think the prohibition of sales between 7 to 9 and 4 t( 6 will help out the traffic problem? Mr. Schemer: I'm not saying that it won't help the traffic problem. I think education of the public will do far more, on how to get in line, when to buy their gas. If the public voluntarily did not crowd the stations early in the morning they wculd be open later hours t() 2-6-74 take care of these needs and their would be no traffic jam. Mr. P1thuer: Mr. Schemer, aren't you aware Sir that most of the filling stations today are closing by noon to sale of gas? Mr. Sohester: I've just been informed by Mr. Doucette that he felt and he.is a station operator, 1 am not. He felt that if we proms hibited the sale during that time all we'd have is a line that sta- at 9,00.o'clock, but they'll be in that line at 6, waiting for 9:Oi o'clock to come. Mr. Plummer: I really hate to hear you talk that way, because really what you're telling me is, that we can't do anything to help the situation out. Mr. Schemer: I'm not saying that you can't. I'm saying that you don't know it will help. No more than the County knows that the progam that they recently undertaken is going to help. I say that in my opinion that it's untimely that we should wait at least give a little time to the County's plan and see what that will eliminate. Mrs. Gordon: We can consider postponing this until the 28th and... - seeing how the County's plan operates in the twoweek period. Mayor Ferre: I think we've got a face it, and I think we've gtt tc be all that we need, and this may tanks good enough for right now. to go with it, I'm ready, to cut this thing off in the next problem, and I think we've got to do something about it. It may not be a half tank measure, but half I'm going to tell you, if you want in a moment, because I'm going 5 minutes. Mr. Plummer: Mr. Mayor, I'm willing to go with anything that will help this situation out in the consensus of this Commission. Now if you think a public hearing should be held, I'll go along with that. If you think that we should put it on a voluntary basis at this stage of the game, I'll go along with that, but don't sit back and say we can't do anything,.I won't buy that. Mayor Ferre: I'm not saying that. What I'm saying to you is, in my opinion you ought to go with this on a first hearing basis. Now follow me, and have the second hearing can the 28th, and make that a public hearing, and at that time we finalize it. Mrs. Gordon: Mr. Mayor, may I hear what he wanted t.. say and maybe, --- Mr. Schemer: May I add two things to it, and then I'll keep quiet. First, I'd like to recommend to this body that they adopt the resolu- tion made by the County yesterday, which I think will be the first step in attempting to eliminating the lines. The second thing, before making your decision either way, I would like the County to respec• - tively consider that when they make an ordinance, whether it be v,1- untary or mandatory, whether they make a suggestion to the people. If you ask the people LI Miami the station operators not.to open until 9:00 o'clock, all you're going to do is double the lines in the County Mr. Plummer: Sir, that's all well and good, and please because I'm arguing with you doesn't mean that I'm mad at you, OK. Let me tell you what happened, I called this man's department and I said, can't you come out here and give some relief to these people who are suf- fering beside the gasoline 'stations. He sent men ('ut there, the people got all hot and bothered, fist fights broke out. He's got one man right..now injured from being having rocks thrown at him, and all you're doing by writing tickets tL• these people who are blocking 2-6-74 5g. • • driveways and everything e]Le is agitating the situation and Makiri4 it worse. .Mr, Schemer: We agree, 100% we agree. 7 had an incident similiat 'to the one that you're talking abut, but yet in a different lighta`' We had a police officer that went into a service station in the Ci of Miami, and I've already spoken to the Assistant Chief about thi: I'm sure it's been rectified, and the operator called me and he sat the officer told him to close his business because he was creating traffic problem. I conceded that there is a possiblity that the policeman was within his rights of the safety of the public to cloSB.' that station, and I so told the operator, but I did not believe when; the policeman went to the extent and told that Jperator you don't sell these people but $3.00 worth each, and get them out of the way and off apron. He has no right to tell these people, how much they can sell to each person that comes in and I'm not doing this as a criticism to the Police Department. I'm telling you that the pro- blem requires more consideration by everybody. It requires a better' education plan to inform the public of how their actions might best do. The public are the only ones that can help solve this. The service station can't do it and you can't do it; the oil companies could help if they delivered more gas. Mr. Plummer: All right, do you want it on a first reading? Let's make one of them, we'll both have first on both reading, right, right, OK. I will offer that the half tank measure be on a v,1- unteer basis for a 60 day trial basis, that's volunteer, OK. Mrs. Gordon: What do you mean by volunteer? Mr. Plummer: Volunteer means that you ask them to comply, if they don't there's no penalty. Volunteer basis, that people with a half a tank or more please don't fill up until your tank gets below a half tank, volunteer. i'll offer that in a 60 day clause of v,lun- teer basis. Mr. Lloyd: All that will need is a resolution. That's all. Mayor Ferre: There's a motion and a second. Since there's no penalties, we don't need a public hearing on that ane. Is there further discussion,call the roll. Mrs. Gordon: I want to know how you're going to get the message to the people. Mr. Plummer: Those people who :, work for the r1•1 name n: t4 s n Aper . The following motion was introduced by Mr. Plummer who moved its adi'ptit n: 2-6-74 56 • MOTION A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR ADOPTION LATER DURING THE MEETING A RESOLUTION URGING THE CITIZENS OF THE CITY OF MIAMI,ON A 60.DAY TRIAL BASIS, NOT TO ATTEMPT TO PURCHASE GASOLINE WHEN THEY ALREADY HAVE A HALF TANK OR MORE Upon being sec nded by Rev. Gibson, the m.tion was passed and adopted by the following vote - AYES: Messers. Reb so, Plummer3:, Mrs. Gordon, Rev. Gibson and Maycr Ferre. NOES: None. Mayor Ferre: Now do you want to make a second? Mr. Plummer:. The seccnd moticn is Ln first reading a mandat.lry requirements that the pruhibitig n (.f sales of gasoline within the City cf Miami, from 7:00 o'clock A.M. to 9:00 o'clock A.M. and from 4:00 o'clock P.M. tc. 6:00 o'cicc}: P.M. and the encouragement cr the resumption of night sales. That's on first reading. Mrs. Gordon: What was that say it again. Mr. Lloyd: We'll have to prepare that. Mrs. G(rdon: Is this also. -)n v 3luntary? Mr. Plummer: N..,, this is : n a marldat ry first reading, the second reading t be a public hearing. Mrs. G_rd• n: I can't gc with that one. Mayor Ferre: do you want tc see if we get a sec. nd and then v.:'te? There's a seccnd fc r the purptse for discussion. N, w that it's on the flt ,'r let me say this. Ny pers- nal opini.n is that I think that's going tc create more prfblems, then it's g ing t:. s -lve. Mr. Plummer: Tell me how? May.r Ferre: I'm gi ing t- reading, and vertised it, We'll get into that at the public hearing, I'm sure. vote fc r it, because I want tt , get it in f: r a sec' nd as I understand it, at a public hearing after we've ad - we can amend it. Is that right? Mr. Ll:yd: Yes Sir. Maycr Ferre: Or we can vote it down, and I can vote yes today, and no next time. Here's the point I want to make to you. Mr. Andrews and Mr. Lloyd,I want you to get on that teleph.lne tomorrow and call Montgomery County and find out, if you would please Sir, how they went abbut what they went about, including the Washington, D.C., and the Maryland, it's called the Greater Washington Maryland Service Station Association. What the legalities of this are, Mr. Lloyd, how they did it. I'd like tc see how the State of Hawaii did what they did, and I'm going to tell yru, that to me, that's the directi,ln we ought to take, number 1; (2), I also want to point out that in no name newspaper no. 1, there was a very nice article about Mr. Ray Adum, who happens by the way to be a ball player with the Baltimore 2-6-74 5, • Colts, to those of you that don't know, and he got out and start directing traffic, and saved the day. As 1 understand this articl from the Washington Post, they have passed a law that evidently quires a station to get involved in the direction of traffic that piles up in front of their station. Now I don't know how they Can do that, but I want you to find out how they did it. And the last thing that I want to get involved in is and that is that we get Rooky Policemen, excuse me, Cadet Policemen. As I understand that, that these are non -sworn officers that are in the making of sworn officers, to be involved in this process of traffic and specificalii: with this gas station problem, and therefore, not tie up our regular` sworn personal. So those are the three things that I'd like annwerts on at that public hearing from both the administration and the legal. OK I'm ready to vote after those comments. Anybody else want to Make,z Mrs. Gordon: I'm going to state that I'm opposed to the concept of restricting the hours that the station should be open to the extent that it be mandatory that they close between 7 and 9 and between 4 and 6. Mr. Plummer: Rose, please don't misunderstand. I did not say any- thing about closing the filling station. I said prohibiting the sale of gas. Didn't say a word about the filling station. He can still sell tires, and do his repair work and everything like that. Mrs. Gordon: In my opinion it's one in the same, because in my opinion at those hours of the day it serves a specific need for people traveling to work, who do have to fill up, if they happen to need it. I don't think they should be restricted from being able to obtain gasoline. I like the Mayor's suggestion of the minimum amount to be purchased and I would prefer that you incorporate some- thing of that nature into a, Mr. Plummer: You can do it at the public hearing. Mayor Ferre: Let me point out one following your thought, which you might be able to do this, if you offer an amendment at the next meeting, saying that their exception would be an emergency and the emergency would be some people running out of gas. In other words if it's down to zero and they run out of gas and that kind of thing, I don't know, lets move with this .thing. Everybody has an opinion, so we have a motion and a second, would you call the roll now. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR ADOPTION ON FIRST READING LATER DURING THE MEETING A PROPOSED ORDINANCE PROHIBITING THE SALE OF GASOLINE WITHIN THE CITY OF MIAMI FROM 7:00 O'CLOCK A.M. UNTIL 9:00 O'CLOCK A.M. UNTIL 6:00 O'CLOCK P.M., AND ENCOURAGE THE SALE OF GASOLINE DURING THE EVENING HOURS WITHIN THE CITY. Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Messers. Reboso, Plummer, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon. Mayor ferre in casting his vote made the following continent; I'm voting yes, on the basis that I think it's important that we get this before the public in a public hearing. 60 2-6-74 Mr. Lloyd: Mr. Mayor, before we take up Item 29, it might be api. propriate for me make a brief statement of explanation. The Law Department after considerable research and investigation felt that the only place Where this ordinance would legally fit, or an or- dinance actually prohibiting of the filming of motion pictures in residential areas would be an amendment to the Zoning Ordinance. Now an amendment to the Zoning Ordinance requires first a review by the proposed ordinance by the Planning Advisory Board. Now what we have done for the information of the Commission to see so the COWLS may see -what should be presented to the Planning Advisory Board We prepared a suggested ordinance, which is today for a Commission review, but this Commission cannot take action and passage of this until the review by the Planning Advisory Board. Mayor Ferre: What you're saying is, that this City Commission can't do anything about this today. Ok, we got that one clear. Mr. Lloyd: Yes Sir. Mayor Ferre: What you're saying is, that it's got to go down to the Planning Board first. Then after they decide what to do with it, then we can take it up. Mr. Lloyd: And they will have a public hearing. Mayor Ferre: And this Commission can just take no action at all. Mr. Lloyd: This Commission may just pass a motion and refer this to the Planning Board or not take any action. We will refer it to the Planning Advisory Board. Mayor Ferre: So I'm saying that there are alternatives in which this Commission. It isn't that we're completely impotent to act. Mr. Lloyd: Oh no. Mayor Ferre: I want to see how many people are here as opponents to this item. How many of the'opponents work in the industry, directly or indirectly? Are they any opponents that are not involved with the industry? One. All right. May I see the hands of the proponents. Mrs. Gordon: May I ask of the opponents, how many of them are living in a residential area and have had filmmaking in their area? Are all of you residents of the City of Miami? In other words, you're saying that you have had film making in your area, and you live in a residential area. May I ask if you're in the film production business? Mr. Lloyd: Mr. Mayor, I'm wondering if it might be helpful for me briefly to explain the suggested ordinance, and the Law Department makes no recommendation, one way or another, This was merely a suggested ordinance in reference to the Commission for information. We were instructed that to make an ordinance prohibiting the filming of motion pictures in residential zones in the City of Miami. We went further, we said except by special resolution of the Commission and we provided standards that the Commission shall issue a resolution allowing this after a determination of the impact on the health,safety, welfare and morals of the community or area to be affective to include, but not to be limited as such factors 2-6-74 • • as vehicular and pedestrian flow of traffic, noise pollution effe on the neighborhood, length of time required for filming and die of the CoMmunity or disruption of residential living. and this w we propose to refer for the Commission action if pL.ssible if they to refer it to the Planning Advisory Board. Mayor Ferrel For the record, let the record reflect, and I'll gite: these to you in a moment tint we have here some notes from Mr. Woront of Woroner films. Is he here? He's objecting. Then we have Mr. Grinn Gravette President of the Teller Interests, Inc., Chairman Tourism Action Committee Greater Miami Chamber of Commerce. Is he here? gi telegram reads as follows to all of uss "We received unofficial. notification that an ordinace is being discussed at your meeting on February 6th that would prohibit CommercWil Filming under certain cirri cumstances within the City of Miami limits. I'm assuming that this is being brought up_for_discussion because of certain circumstances without the State producers working in our area. Before you act on this ordinance, I think that the Commission should avail themselves to discussions by the legitimate local motion picture producers who have been severely handicapped should this ordinance pass. As pres- ident of a company that has been in business for 14 years in this area with:a substantial payroll and paying all City, County and State taxes that such an ill -thought-out ordinance would be detrimental not only to our companies benefits, but to other producers who are legitimately engaged in business in this area. If it were not for commitments to keep me from out of town this date, I would be present in the Commission Chamber to speak against it. Mr. Grant H. Gravett, President, Interest." Another communication for the record reads, in regards to the pro- posed ordinance concerning prohibition commercial filming within the City of Miami. We are most cocerned that the peple be heard who re- present the good films that are being made in Miami. Good advertising, good revenue, good public relations. We have the best weather and the light conditions. We also object to porno films and other un- worthy filming and wouldn't mind seeing it banned.Please save our business in sales in sales and rental of film equipment in our local customer business that their livlihood depends on shooting in the area by allowing the good filming to proceed as usual as we are the majority of filming participants and surely in the business of Sale and Rental of Filming Equipment Image, Inc. and Katherine Schaffer Realtor and Wometco Stock Holder. These are the two communications that I have. Does anybody else want to submit anything for the records? Mrs. Gordon: No, I just want everybody to understand exactly what has been prepared for consideration. It's not a prohibition; it's just a regulation, so that there be no infringement on the people who live in a particular area, who are not interested in having any kind of activity in their particular area, and I think that it isn't unfair to expect that people who buy or rent a home in the strictly residen- tial area should at least have a chance to express their willingness or unwillingness,as the case may be, to have their area used in this manner. If you would like, I would like to read to you specifically from the recommendation, and we're not acting on this. The only thing that we could possibly do today is refer to our Planning Department and to our Planning Board, so I would just like to let: you know that what you fear, that you will never be able again to film in a residen- tial area is not what we have, even to use as a recommendation to the ordinance, and this is it. Except by,it says, an ordinance amending the City of Miami Comprehensive Zoning Ordinance No. 6871 by enacting a section to be entitled commercial motion films requiring that the filming of motion pictures for commercial purposes is hereby pro- hibited in all residential zones in the City of Miami, except by 2-6-74 62 special resolutio f the ComMisaion further Providing that the CoMmission Shall issue a foreaaid special resolution only after t determination of the impact of the health, safety, welfare and MO of the commilnity of the area to be affected, and there's other d ditiona that go in further, which of course, none of this of ebutM would be implemented until, or unless a public hearing and a redoM mendation of the Planning Board. Mayor Ferre: Just for the record again, there's two more common., ications that I found. Mr. Charles Allan, Councilman of Biscayne Park, opposed Mr. Jim Coleson, Chief of Bureau of Marketing Develop ment Department of Commerce, the State, evidently is opposed. 1►!r. Plummer: Let me understand it, opposed to, ---- Mayor Perre: Opposed to the ordinance that's being proposed. Mr. Plummer: OK. Mayor Ferre: Then we have a Greater Miami Stage and Motion Picture Television Studios Employees, Local 545, AFL-CIO, and I'm not going to read all of this, because it's too long and you've got too many signatures. The thrust of it says, during the past .year there's been approximately $7,000,000. spent in the local area and producing motion pictures, not to mention TV Commercials. This money finds its way back to banks, hotels, business, etc. The only thing a motion picture company takes out of the state, is that which is on film and is a non-polluting industry. In the past 5 years, many states, California, Arizona, Texas, Louisiana, New York, New Mexico have realized the impact of the motion picture filming within their state and formulated progressive programs to lure. motion pictures to the State. This will all be copied and passed out for all Members of Commission to read. OK Mr. Redford. Mr. Redford: I'd just like to point out one thing. My particular point is not to end the movie business in Dade County. This com- plaint is been brought upon by abuses by the people who were taking films. Now for example, a permit was given by the City for the filming in my neighborhood of Lenny, and since was given prior to my complaint we said, go ahead and make it. Now here's what happens, we have roads, that private roads are about 10 foot wide. They come in with a bus, it's higher than a Greyhound Bus snapping the limbs all of the trees. They're taking films from 11:00 P.M. filming until 3:00 A.M. with bright arc lights. 'They're coming in with catering services at about 12:00 at night, turning on the bright arc lights setting out all.the tables and serving the 30 or 40 people who are coming there. They were very good about the parking, they tried hard, but this is not the place for a major motion picture. In a place where a little half acre 'park, in a street that's about 10 foot wide, surrounded by rock walls, low trees and people who are trying to sleep and get to work the next morning. They. were using their P.A. System to give direction at 3:00 o'clock A.M. of the final day at night of filming up here. These are brought upon by abuses. There have been movies taken there and I'm not judging whether they're dirty movies or not, except if there are going to be, rather explicit sexual scenes, I think the gates,should be closed so the little kids, preschoolers around here'are not going to be wandering in as spec- tators. I think this is a reasonable request. What I would say, if the film industry, and I hope they stay here, do this sort of thing in residential areas, then let them come in with a code of ethics to regulate themselves. Don't be shooting at 3:00 o'clock A.M. in an entirely residential neighborhood with bright arc lights and loud noises. That seems to me only common sense and being a good neigh- 2-6-74 63 411 bor. I'm sure in your neighborhoods you wouldn't care for that. The thing is don't go in as they did, 20 Century did about 2 or i years ago, with a circus tent and a kitchen wagon and 6 Greyhound`' Buses and put them all in a half acre private park and go down a 10 foot street. The second thing is, we're talking about a per.. manent film, which the last one was, but there have been 6, so called dirty films made down there, one of which was raided by tht police and convictions gotten in Criminal Court. There were no permits there, there were camerman working on that scene, there we cameras that were rented on the scene. I say police yourselves; you don't come into the neighborhood with this kind of thing. I want to see the film industry here, but I don't want to be disturbed by it. So I think your ordinance may have some weaknesses and may be adjusted for the film people, this is fine, but I say if they will .` come in with constructive suggestions of how best to protect the integrity of the neighborhood,. without this sort of thing that's been happening maybe we can get together. Mrs. Gordon: I think Mr. Mayor, you might want:to consider asking soma of the opponents and proponents to meet in a committee and possibly work out some solutions and I think you might appoint someone from the Commission to represent us and try to come about with some harmony. I think there can be a solution; I think there has to have a solution. Mr. Plummer: Mr. Mayor; may I interpose just one thinking if possible. I've listened to both., sides and I think both sides make very credible stories. I've read the ordinance as proposed and it set forth some guide lines, but you know it's within the purview of this Commission and I think it might be applicable here that we put this forth in the form of a conditional use, that each application for the making of a movie would have to come before this Commission for approval or disapproval, and just make it a conditional use. Mrs. Gordon: Well in effect that's what it is. Mr. Plummer: Well this here sets forth certain guide lines as to what the conditions would be. Mayor Ferret Commissioner Plummer said that he heard both sides of this, since only one side has spoken, I just want to explain that Commissioner Plummer hears very well, and he sometimes hear things as they are and I read him in what he's saying, in other words, and I :lope we can avoid an awful lot of hasale and talk here, because we're not going to decide anything today. I don't think we're going to get into a big public hearing here and I think the way to do this, since I think both sides have some very important arguments which if we start getting into is going to take us 3 hours. I think the thing we're going to do as the City Attorney told us, we're going to have this follow the legal procedures, if it's all right with you. With your recommendation if you want to send it down to the Planning Department and let them hold some public hearings. We don't need any special representation from the Commission, anybody wants to go from the Commission can go to the public hearings, and then depending on what they come up with, on your recommendation Commissioner Plummer, we can take it up at this Commission in the future date. The only thing we can do now as I understand it is, you want to make a motion to Planning? Mrs. Gordon: I brought this matter up in the first place so if you don't mind I'd like to carry forth on it. Mr. Lloyd; I think that an appropriate procedure would be for some- body to move to instruct the City Attorney to refer this to the Planning Advisory Board for review as required by the Zoning Ordinance. 2-6-74 I yo u Ferre: 12 of want to speak? Now Arne tell you that' 2 hours, now 1'M going to tell you something, after we finish lib to you for two hours we're going to d5 exactly what we're going t right now. Regardless of what happens whether the 12 of you sped. don't speak this matter is, we have to by law refer it to the Plahn Board. There's nothing that I can do about it. Were not referrer it in any form. We're referring the problem and let them after pal hearings come up with a proposal the way Alegi suppose to do. Mrs. Gordon: Mr. Mayor, 1 recognize there's a real problem of difm. ferences of opinion and there's only 'me way that it can be resolved and that's to sit around the table together and have the opinions of both sides, and I think the proper form to have this is at the Planning Department. So I think that we should just refer this to the Planning Department, that doesn't mean for public hearing, that means to call you together in a Committee around the table and speak: to the issue and try to resolve it to the best interest of the Com- munity and yourselves. Ok then I shall move that this matter be referred to the Planning Department. That the Planning Department be instructed to call the opponents and proponents together and try to resolve this matter. Mayor Ferre: After the motion I'm going to recognize a few of you on the motion. There's a motion. Is there a second on the motion? Mr. Plummer: For the purposes of discussion I will second it. Mayor Ferre: All right, who;is it that's wants to speak against the motion. That's all I'm going to recognize. Mr. Karl: My name is Mr. Mel Karl. I am an attorney; I represent Screen Actors Guild and my address is 3226 Ponce de Leon Boulevard. The reason I oppose the motion is because untold harm can be done to this industry because of the adverse publicity that we will be receiving in the trade papers. In other words, not that we should be afraid of airing things, I don't mean that, I don't mean to infer that, but the very nature of our business is picked up by trade papers throughout the United States at a time when everybody is- vying from motion production throughout the United States. I can just envision a head line in Daily Variety or in Backstage saying Miami considers ban on filming. Now this in of itself, the consideration of it is not conclusive and there are discussions of it. But the mere fact causes people who are making story boards, plans and otherwise to reconsider and I feel that this motion, perhaps there's something that we can do that's a little more constructive and still air it without the adverse pubicity that we may be receiving. Mayor Ferre: I know how you all feel, Ok. The majority of you, 90% of you represent this side. Ms. Pompeo: The State of Florida as well as all the people in the industry have spent thousands and thasands of dollars to promote filming in Florida. The magazine that I gave you each a copy of will show you a good representation of the people in this industry that their whole livlihood is at stake as Mr. Karl mentioned, I mean if this gets out as, like a leak, anyhow I was trying to bring out the money that has been spent in promoting the industry and we're just saying, "go away we don't want it." Mrs. Gordon: We're not telling you to go away, that's a misstate- ment,a fact, that's not at all what we're saying. Mayor Ferre:. Rose, what she said and what the gentleman before said is that thi ''„get out in'trade journals and it might be misunderstood. 2-6-74 s • Mrs. Gbrdont 'ou're right, they're not going to read between thO lines. They're reading the big bold print, and the bold print SS "maybe there's going to be a ban,"' but that maybe, everybody rein the bad, before they do the good and people are going to keep tha in their mind when they are planning, Mr. Kasper: I'm against the motion because a lot of people have been here all day waiting for this to come up to kill it in the bud. To present our views now because just getting into the plan' ning stages can hurt us something terribly and I feel that I'm against the motion because I think there should be discussion because the last person�iscussed his point of view and we haven't been able to present our point of view. Mr. Adler: MJ Productions, 4555 Ponce de Leon Boulevard. In the first place I think there are a couple of misconceptions that are clouding the issues. Commissioner Gordon said before that this ordinance does not constitute a prohibition. When in effect, if Commissioner Gordon understood the nature of our business she would realize that if we had to come here in this fashion to plead our case each time individually, when it became necessary for us to set up a camera in a residential section of the City there would be no production, because our business is such that, that would become an impossiblity and you people would spend a tremendous portion of your time sitting here and listening to us plead our individual cases. In the second place, unless I'm very wrong, I think that many of the objections which were raised by the proponent. of this ordinance are objections which already covered by ordinances on the City books, disturbing the peace, etc. I don't see why an ordinance like this to prohibit commercial photography in the City is necessary to ac- complish his ends. Mayor Ferre: Mr. Redford, I'd like for you to be listening to this since ypu are the proponent and I think it would be appropriate just, -- Mr. Adler: Therefore, and this is to me the most disturbing thing about the entire ordinance, I think the key phrase in the ordinance is quote " the welfare and morals of the community" enquote. I feel that by allowing the Commission, assuming that this ordinance were to be passed, what projects are damaging to the welfare and morals of our community would not only create a bureaucratic red tape situation that would virturally halt film production, but more important it would create a censorship board out of this board of Commissioners, and I'm sure your schedules are too overtaxed to assume that burden also. I think what it comes down to is that I for one would rather live in a community that spawns fifty Deep Throats, than a community that plays one ordinance like this on the books. Thank you. Mr. Newby: My name is Mr. Jeff Newby, I'm president of the largest producer of commercials in the City of Miami, perhaps in the whole South Florida area and I agree with everything thats been said ahead of me, butthere's one important point, not only would an awful lot of time be taken but a tremendous amount of our time. For instance, in the last 7 days we have filmed in 3 dozen Miami locations that would require us to get 3 dozen permits, which is phylically impossible. About a month ago we filmed in the Orange Bowl and this is a permit situation which we are all accustomed in the film business to having to get, one entire day of our time to get the required signatures and clearances. I suggest that somewhere there's an inbetween point As I understand the Planning Board will be rewriting this suggested ordinance. I suggest there be some sort of joint committee with 2-6-74 66 representative of our industry and representatives of the Plannin Board to write it. Because obviously the production of a televise commercial, which May require one or two trucks and a crew of 18 0 20 has different physical requirements on a neighborhood than a feature film with 7 and 8 trucks in a crew of 100 and I suggest th&I there perhaps is some sort of clearance necessary for production Of that sise whereas, to my knowledge except for certain cases that may happen over the years commercial production, which is my busitell has not caused these disturbances. Now I for ,one will volunteer tO, participate on such committee. Mrs. Gordon: Mr. Mayor, may I clarify what I said before so there be no misconception. I did not go with this ordinance that was prepared by our Law Department after listening to all of you people. There- fore, what I said was instead of that, that you meet together with our Planning Department who will take the facts, and you will just be a committee of volunteers to help us to do what we need to=do or what you feel we need to do to help all people who are concerned with this matter. Mayor Ferre: Does everybody understand that now? We're not saying, she's not saying that this is going to go to public hearings as I understand your motions. All she's saying is, create a committee go to the department level, which is the administration. Talk and see if we can come to a happy middle ground and then come back and at that point we will consider or not consider something. OK. Mr. Newby: I just want to ask. What's the next step then? What do we do? Do we put a committee together? Mayor Ferre: Here's what I think we'll do depending on how this Commission votes. If this Commission votes with its motion then you will, if you will give the clerk, those of you that want to be notified and want to be on this committee will give your name to the Clerk. or call the Clerk's office tomorrow and give your name either way, and then you will be notified and a meeting will be arranged by the Administration. Mr. Andrews: I would ask that you entertain that these people get together and select 3 or 4 people that represent them, rather than we might end up with 30 or 40 people wishing to be on the Committee. Mayor Ferre: You know, I'll tell you. These people for the most part are artists. The inoinent you tell one of them that they can't be involved in it, you're going him all upset or her all upset here. So don't start saying that they choose three because they'll never be able to do that. Ypu just heard what happened a moment ago here. Mr. Woroner: I'm Mr. Murry Woroner, President of Woroner Films, While Jeff is the largest producer in commercials,(1995 N. E. 150 St.) Mr. Jeff Newby is probably the largest producer of commercials down here, our company happens to be the largest producer of Educational and Training Films in the South, and the largest producer of Law Enforcement Films in the world. Our company accounts for expend- itures and excess of $1,000,000. a year, in the greater Miami area. I'm in favor of the motion proposed by Commissioner Gordon. I think there's nothing wrong with the Planning Board meeting with the del- egation of representatives of our industry, 2-6-74 61 Mayor Ferre: Department, not board. Mr. %4oreoner: Planning Department meeting with the Administration of Planning Department with a delegation or representives of our industry who can set forth for them what the rules within which it/ reasonable for us to work. I think it's also important that this not be a discussion of an ordinance to ban film making in Miami, which is not the intent, but rather the discussion of an ordinance to regulate the utilization of the public streets in residential areas of Miami, which is what I think Commissioner Gordon is speakif to and I don't think any responsible film maker can object to that. I would like to say one more thing. Unlike one of our other speaker I do not want to come from a community that spawns "Deep Throat." I: prefer to come from a community that responds good films for families. adventure films, or whatever they may -be, but I do not to be the home of pornography of America. Mrs. Gordon: Thank you very much Mr. Woroner. Mayor Ferre: I think that's a very important clarification because unless anybody misunderstand, and I'm not against Mr. Adler I'm sure so that we get the records straight that you are not in any way proposing that this be the home of ,phonography. Mr. Adler: Not at all. As a matter of fact there was a very key word, Mr. Mayor in what I said. I said I would rather be a member of a community that spawns "Deep Throat" than one that spawns, --- Mayor Ferre: I understand and that's a philosophical thought. OK, let me put it that way. I just want to make sure that'it's under- stood as a philosophical thought. Mrs. Gordon: Can we call the roll now Mr. Mayor? Mayor Ferre: Go ahead. Mr. Schuler: My name is Mr. Frank Schuler and I'm from Broward County, and I'm here because when people say Miami, anywhere else in the county they mean South Florida, so the affects of anything that happens in this Commission today will effect Dade, Broward and West Palm Beach County, that's one reason that I'm here. I will not spout philosophy and I will not give you may credits,. I am also here because, as I read this and Commissioner Gordon, Mayor Ferre: Wait a minute, you speak to the ordinance. This is not the ordinance. I mean the motion; I beg your pardon. Speak to the motion, we're not talking about that thing. Mx. Schuler: I thought that we would have an opportunity to con- vince the City Commission today not to even recommend this ordinance. Mayor Ferre: That's not the motion. The motion is not in consider- ation, I mean that ordinance. The whole thing is not being considered. A11 we're doing now, we're taking another tack now. Mr. Bawmel: Mr. Mayor, my name is Mr. Ray Bawmel, I'm President of Screen Actors Guild of Florida Branch. We're giving credits, I'm also pant President of my Church and also on the Board of Trustees of the Church. The only reason that I mention this is to show that being an actor and being a church layman I'm not mutually exclusive. I think this may fare as far as the moral aspect of this, but I do wish to speak for the motion which is to refer to the Planning Board 2-6-74 68 for ditcuseion, AIL I am opposed to, Mrs. Gordon: Planning Department. Mr. Bawnel: Planning Department, pardon me, which I am opposed. My main contention is, that in the past, lets see, since 1972 as President of Screen Actors Guild, my efforts have been in behalf of promoting the film industry and promoting the accessibility of Florida as a film mecca. My objection to refer this full idea is the fact that it stems from a negative viewpoint towards the film industry. 1 feel in the past in my discussion,just off the cuff. with the Director of Tourism of the State of Florida, and also the Secretary of Commerce, the Honorable Dan Spicer, that we should be at least moving along in a positive way in encouraging films, not only in the State of Florida, but in the South Miami area. I also would like to point out that I have several books here of other States in other municipalities who have appointed Film Coordinating Committees. The Governor of Colorado, who sent out a letter ap- pealing to all those who would like to film in the State, and just as an example the City of Denver, which has a Film Coordinating Commission, which is part of its Police Department, which is gov- erned by a sergeant, whose job it is to encouage and facilitate film, commercial films, etc. I am absolutely opposed to this even being considered in the feeling of the negative aspects of film production. Thank you. Mr. Silver: Mr. George Silver, 1510 N. W. 19th Avenue, Miami. I'm a still photographer and I'm also involved in the same business, and I'd like to ask the Commission one point. If that's in the future, will members of the industry be notified more than two days in ad- vance when there's going to be a meeting, because the original or- dinance or proposed ordinance affect the still photography too? The one they had today is not the same they had yesterday. Mr. Dumas: My name is Mr. Travis Dumas, President of Teamsters Local 390, 2940 N. W. 7th Street. If you pass this motion today or just send it back to the Planning Board, Planning Department, the damage will be done, you will discourge the industry in this area. The other Cities, other States will simply say an advertise that they are not considering an ordinance of this type and they will not pass an ordinance of this type and they will attract the industry. A lot of industries here, a lot of producers and they are going all over the United States, especially in California, New York, Arizona and the other States New Mexico shopping around for the best price for labor, the -best atmosphere under which to shoot, and if consider this at all, you don't vote it down here today then in my opinion the damage will be done. You can vote this motion down. You can set up this committee that you're talking about and without this going back to the Planning Board,still set up the committee and stop it here today. Mrs. Gordon: We're not going to have it for the Planning Board. I just want to make everybody completely aware what we're doing. We have to have a representative of the City present when this Com- mittee meets,and there's no other representative more suited to be present because of the character of the department than the Planning Department. So therefore, meeting with the Planning Department is in no way developing an ordinance unless you, together with them and with the proponent come to some kind of a mutual understanding of the guide lines that would be not detrimental to the industry. Certainly every facet of our government has guide lines and this is all we're looking for. You to help us develop the proper guide lines and will not hurt your industry, and at the same time will give some 2-6-74 s 410 relief to certain abuses that do occur and these will come out at. round table, and if nothing comes out of it, it will dissipate at. that level. tut that was where it has to be aired. Mr. Dumas: If it's considered technically or formally in any other form and doesn't die here today, then the damage will be done to the industry. A lot of people here will be glad to meet with an body at any time on an informal basis so as to police themselves. But it should die here today, if it doesn't the damage will be done Mr. Plummer: Wait a minute. Let me offer you the best of two wori+ Ok, and I think he makes a very good point. As proposed Item 29 on our agenda be defeated today, and then Committees be set up. Mrs. Gordon: We don't have to bring that up at J. L., because if we don't act on it, it's, ---- Mr. Plummer: No, no defeated, as is. It says here very clearly in Item 29, "Ordinance amending the code of the City of Miami pro- hibit temporarily or permanent commercial activity." If we defeat this as it is presented it then will portray the'image that they need to portray, then we send it to committee for consideration of maybe possible guide lines. Now what's wrong with that? Mrs. Gordon: Does action have to be taken on this? Mayor Ferre: Do you think that's going to influence some votes? Mr. Lloyd: Do you mean on the ordinance? Mrs. Gordon: On Item 29, does action need to be taken on this if it's going to be in the negative does it need any action? Mr. Lloyd: The Commission may take action on it and vote to be the policy of the Commission not to consider this ordinance if the Com- mission so wishes any further. Mrs. Gordon: No, that's not what I asked you. I asked you whether or not in order to follow with the second proposal of going to the Planning Department, must we take action on an ordinance which we have never acted on before? Mr. Lloyd: It is not necessary for you to take any action. Mr. Plummer: Yes, but if you don't kill it as it is proposed here the damage, ---- Mrs. Gordon: All right, then I'll make my motion this way. I'll amend my motion,that this Commission take no action on Item 29. That instead of taking an action on an ordinance that we will just ask our representatives here to meet in an informal session with our Planning Department. Mayor Ferre: But the plan is that we are. Mrs. Gordon: But it's not an ordinance. It's not on the books so we have nothing to defeat. Mayor Ferre: Who drafted this motion? Mrs. Gordon: I asked for this to be placed on the agenda because there is a problem, we have to face reality. Mayor Ferre; Rose, I'm with you. Nobody questions that. 2-6-74 The point 70 • that ±'M trying to say is, did you draft this ordinanob? Mts. Gordon: No sir, I'm not an attorney. I'm a Real Estate gro Mayor Ferret who drafted this ordinance? Mrs. Gordon: Our taw Department. Mayor Ferre: Waa that based on your instructions? Mrs. Gordon: No, I didn't instruct them. Mayor Ferre: And who told you to draft this ordinance this way? Mr. Plummer: Now wait a minute. Let's don't joke around. This was the intentions of Mrs. Gordon and so indicated in the minutes of the last meeting to draft an ordinance based on what she outlined. Mayor Ferre: And we all voted for it. Mr. Plummer: That's right. Mrs. Gordon: Ok, I shall now move in this manner. Mayor Ferre: Wait a moment. He hasn't answered my question. You took from the minutes of the previous meeting and you constructed our instructions to mean this ordinance. Is that what you're telling me? Mr. Lloyd: We first took from the minutes of the previous meeting which were to draft an ordinance, and'I believe amending the Zoning Ordinance to prohibit Commercial Filming in residential areas. Now the other additions to it were the suggestions of the Law Depart- ment. We were not instructed to put those in there. We put them in there, because we were in doubt as to the legality of the in- structions as presented to us. Mrs. Gordon: Because of the fact that this has been a follow up to a previous motion, therefore, I will move that Item 29 be denied. Mr. Mayor I will move that if you need two motions, I'll move the first motion. We deny 29 as proposed. Mayor Ferre: Let me get the intent of this so we understand what we're doing here. Mrs. Gordon: It's my intention to follow this then with an in- formal meeting at the Planning Department. Mayor Ferre: Are you saying, so I can understand what you're saying properly, that after the department has informal meetings, if we go to the procedure of a public hearing, that this matter might cane up before the Commission? Mrs`. Gordon: I don't know how these people will resolve this pro- blem. I don't know. Yes, the committee will meet with the Planning Department. There are problems; we have to face the problems. Mayor ?erre: Rose, there's no question about that. That's not my question; I just want to make sure we all understand what we're voting on. Mrs. Gordon: We're voting today that we shall not accept this or- dinance as presented to us today. So therefore, we have to say we're not going to accept it, we're going to deny it, and that's it. This 2-6-74 { r, 10 will make theta people confident of the fact that we have an mind. Mayor Ferret We have a motion. Is there a second? This is stti on the Motion to defeat this item as presented on Item 29. Mrs. Gordon: There was a previous motion I think that needs to be removed from the table. Mayor Ferret le there a second on the previous motion? Mr. Plummer: Yes, Yes. Mayor Ferre: All right. Now the floor is clear for another motion. Mrs. Gordon: Now, Mr. Lloyd, can I incorporate into this motion, - Mayor Ferre: No. Mrs. Gordon: I'm asking Mr. Lloyd a question? Mayor Ferre: The Chair is ruling,no. Now make your motion and then you make the other one. Go ahead. Mrs. Gordon: All right. This Commission will not accept or will deny the ordinance as presented to us today. Rev. Gibson: Mr. Mayor, I could live with it, just strike the thing down, and say as presented. As presented implies, Mr. Plummer: Wait a minute Father, if her motion doesn't get a second I'm ready to make the motion needs to be. Mayor Ferre: Now wait a moment, the Chair recognizes Rose Gordon for the ipurpose of making a motion. Now state your motion. Mrs. Gordon: The motion is that this ordinance as prepared that I have before me, I have to vote on what is before me. Is that correct? Mayor Ferre: That's right. Mrs. Gordon: It's to be denied. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Is there a further discussion? Rev.Gibson: Mr. Mayor, I don't understand English. As prepared, I don't like that. Mr. Plummer: Ok, wait a minute. I withdraw my second. If we're going play semantics, let's play games. Mr. Mayor, I'll make a motion Item 29 be denied. Rev. Gibson: I second the motion. Mayor Ferre: Let's nbt get into this game thing. Rose Gordon made the motion. She made the motion; you want to reword, just say Item 29 be denied. Ok Mrs. Gordon: Item 29 is the ordinance that I have before me and that is denied. Mr. `Prs- Rose, you included the word, 'as prepared' 72 2-6-74 • Mayor Ferre: Would you just say denial. Do you make a motion to deny Item 29, Mre. Gordon: IteM 29 be denied. Mayor Ferret Who seconds the motion mr. Plummer: Seconds the motion. THE MOTION TO DENY AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI TO PROHIBIT TEMPORARY OR PERMANENT COMMERCIAL ACTIVITY INCLUDING THE MAKING OF MOTION PICTURES IN RESIDENTIAL AREAS OF THE CITY OP MIAMI. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote AYES: Messers. Plummer, Reboso, Mrs. Gordon, Rev. Gibson.and Mayor Ferre. NOES: None. Mayor Ferre: Now I'll recognize you for a second motion. Mrs. Gordon: Thank you Mr. Mayor for your courtesy. The motion is that we ask the proponents and the opponents of the previous item to please meet in an infomal basis with our Planning De- partment and lend us the experties that you have to offer us to . help us to resolve some of the problems that we are now facing in our community. Mayor.Ferre: 'mould like for you to go a little bit beyond that. I would like for you to ask in your motion, if you would please, to have the department come back after these deliberations with a specific recommendation to this Commission. Mrs. Gordon: Oh yes, of course we would expect that to be, -- Mr. Plummer: No Sir. Mr. Mayor, you are then preempting the right of the Planning Department, there might not be any further action. If we know in our heart whats going to happen, but let's.don't put it in the resolution. • Mrs.'Gordon: What the mayor is saying is right.. The mayor is saying we need a report. Well we're entitled to have a report, ---- Mayor Ferre: I don't want to leave this as, --listen we're not killing this thing I want you to understand this. This thing isn't being killed. All we're doing now is we're going about this in what is a much better administrative way, which is to have some talks and then come back and this thing is going to be talked about again. I don't want anybody to misunderstand. Mrs. Gordon: I don't think anybody in this room is opposed to sitting down, expressing their views and telling us how us how to proceed. I think that they are willing to do that from those I've heard. Mr. Plummer: Mrs. Gordon, would you consider a motion that would be worded something similiar to this? Mayor Ferre: Do you want to yield and let him make the motion? Mrs. Gordon: I perfer making it, if you don't mind. 2-6-74 7,? The following motion was introduced by Mrs. Gordon who moved its adoption: MOTION NO. 74.102 MOTION REQUESTING THE DIRECTOR OR THE PLANNING DEPARTMENT TO MEET WITH CON- CERNING CITIZENS AND REPRESENTATIVES OF THE MOTION PICTURE INDUSTRY IN THIS AREA TO DISCUSS WAYS AND MEANS OF IM- PROVING THE MOTION PICTURE INDUSTRY AS IT AFFECTS THE CITY OF MIAMI,BOTH FROM THE POINT OF VIEW OF THE INDUSTRY AND THE POINT OF VIEW OF THE RESIDENTS, AND TO REPORT BACK TO THE COMMISSION THE RESULTS OF SUCH DISCUSSIONS Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Messers.. Reboso, Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. 42, VIEW'„OF'.POL&CE OPERAitO§S Mayor Ferret All right, go ahead, Mr, Fannotto: Honorable Mayor and Members of the comtftission, Ernie Fannotto is my name. President of the Tax Payers League,Miami Dade: County. The subject matter is crime, its affect on business and taxa in the city of Miami, I would like to start off by saying our city. „ has carried the tag the last three years or four years as either Bain*' first in crime or second and this is not a good tag when we spend mill of dollars of the taxpayers money, and I think it is about time there is a show down, Every year, I bet every five or six months I hear everybody say well, well, everybody has crime. This I won't buy here in Dade County. Let me just point cut two cities that don' have very much crime that have some of the best policed cities in the state of Florida, that happens to be Coral Gables and Miami Shores. No they don't, they had a race track it's just opposite Coral Gables with a lot of undesirables in their track and their rate was very low. I would like to say... Mayor Ferre: Ernie, I don't want to argue with you but Coral Gables as you know is a small coamunity and has one of the highest per capita incomes in the state, actually in the country, and it has a very small Police Department and it doesn't have any basic and I don't mean to point out minority groups or anything, but there is no poverty area ok with the exception of one small part near Dixie Highway. You cannot say in any way that Coral Gables is comparable to the City of Miami. I don't mean to ... Mr. Fannotto: Well Mayor, You're using my time up but Tropical Park people... Mayor Ferro: You really know how to hurt a guy don't you? Mr. Fannotto: A lot of people who wanted Tropical Park aren't the best clientel in the world either. Mr. Plummer: Tropical Park is not in the city of Miami either. Mr. Fannotto: Well just let me finisn up here Mr. Plummer, you've interrupted me here before today. I would just like to say this here,and I want to make this very clear. I go in Burdine's Department Store Coffee Shop and here is what I hear. A lot of the girls say "Well Ernie, it is so bad that I don't know, I may have to quit my job. I am so scared at night time on Flagler Street." I've gone into other stores and heard the same thing. Now let me tell you what the affect is on business and taxes in Dade County. The people in Dade County and the City of Miami are afraid to go downtown late in the evenings. The peo.ple in hotels won't go on Flagler Street nine, ten, eleven o'clock and look at stores. Now you know when, even when businesses are closed it is important for people to see items and that creates the incentive to buy them. They won't do it because you have very few foot policemen on Flagler Street. The crime rate is high the people are scared and there are a lot of undesirables. Now when you don't have business that flourishes and that is an incentive for a business man ask for a: decrease in taxes and when you have that they are justified in getting it and who is going to have to pay for it but the little tax payer. Now you're not going to tell me Mayor that the people in Miami are satisfied the way the city of Miami has been run, it just isn't true. I've heard it so many times, now I say this to you, that I think your police chief should have six months to either put his house in order and cut crime down or lets change the Police Chief. I'm sick and tired of hearing people say well we are the highest crime rate in the country for three years. Now running a police Department is only another business. If you hired a businessman, Mr. Mayor and he was running your 7 4 2-6-74 businesa, Mr. Mayor, and he was running it and he failed, would you keep him? 1 don't think you would, Mr. Mayor and to the City Manager and 1 think you are a well known and well respected manar M. Andrews. 1111 give you credit for that but let me tell you it is about time when you have been sitting here for three years theta has to be a showdown. The tax payers are spending millions of dole and just here recently the commission, the Mayor' and the commission are spending more and I advocate it, I go along with it. But if you don't have it, let's not throw good money after bad money. Lets. spend good money and get good results. These results we have not been getting. Let's not kid the public, let's not kid anybody. We don't have a safe, secure business that is beneficial to the businessman and tax payers in this here city. And let me tell you something, here is what some of the remedies are. Should be: Unique Foot Policemen on Flagler Street. People work on the beach from four to twelve, I mean go in in the morning from eight to four, four to twelve, they ;come home, these girls, secretaries, bookkeepers, maids are scared to death, they just can't walk on Flagler street. Half of them are quittingtheir jobs. Now I checked ..Flagler Street the last four or five times since we have been here last, and there have been a few more policemen on Flagler Street, but let me tell you something. Very few foot policemen go up and down Flagler Street I've seen some police cars there and I did see once or twice seven policemen question people, but the tax payers are getting shortchanged and don't let anybody kid you we have a second- class Police Department, it is hurting business, as I said a minute ago. It is not fair to the taxpayers and if you think the taxpayers unless you shake up the Police Department providing he produces, providing he produces in the next month, six months, keep him, if he doesn't you're going to have to shake up the Police Department or the public is going to shake up the commission and Mayor, and I hope they don't, because I think you are a good Mayor, and a good commissioner. Thank you. Mayor Ferre: Alright Chief, what good news have you got for us today? Chief Bernard Garmire: Mr. Mayor and members of the commission, I am going to limit my comments to a very few to give you an idea of the activities we have been carrying on and I would address my comments basically to the downtown area. By that I mean between 15 street and the river, the railroad tracks and Biscayne Bay. In the last 7 days, as an example, We've arrested 492 people in that area of the city. I could break it down, the allegations have been made that there isn't any police activity down there at night. I would address myself to the fact that 47 people have been arrested there after midnight and before dawn. Now the daylight savings time is here that would be before about six o'clock in the morning. I say these would be between the hours of midnight and about six A.M. 47 people have been arrested down there. I could go into a considerable amount of detail so far as statistics are concerned but let me say that the program that we have outlined of act 21, November is being implemented as rapidly as we possibly can. We are increasing our patrol activity throughout the community as much as possible certainly we are concentrating on the downtown area. And the area I would like to talk to the proposed ordinance that I hope you will look favorably upon a little later today having to do with controlled prostitution. Mr. Plummer: Well Chief, I am hoping that you will stay after you are finished with this item for that ordinance and discussion on that ordinance when it comes up. Chief Bernard Garmire: Basically that is the report I was prepared to give you today without going into detail. We are concentrating in those areas of the community where crime is most apparent or those derelicts are hanging out that we are supposed to remove. 2-6-74 • Mayor Ferret Mr. Garmire, I would like to ask you a question, i I may. Waring the Christmas time and maybe for a month or so we went on a beat system where two men were walking there was a lot walking around, i personally received a lot of good thoughts, ideas and people seered to be grateful for the people walking on the beat. Now recently, I have heard the opposite that we have stopped that and that there is something about, I don't understand what all this thing is about the point system versus walking and would you explain that a little bit? And why we have stopped the walking. Chief Garmire: Mr. Mayor we have not cut back one iota on the emphasis we have had down there since in November. Prior to the Christmas shopping season. Mayor Ferre: Some people told me this, and I don't know I just wanted to know that since we have stepped up the beats we have not gone back on that, right? Chief Garmire: No sir. We have not. We have as much emphasis in that area of the community as we have ever had and we are going to continue it. Mayor Ferre: Is that being effective? Chief Garmire: The Streets are cleaner, so far as derelicts are concerned. The crime rate --we're holding our own. And contrary to what one reason the press contentions, per capita wise is the downtown area of the City of Miami is the safest area in the entire city of Miami. Now naturally there are other... Mayor Ferre: That's some statement: Chief Garmire: I think I can back that up statistically. Per capita wise, now this is the crime rate predicated upon the number of crimes per one hundred thousand people. Mayor Ferre: Of course per capita, how meaningful is percapita? You mean for people who live there or work there or... Chief Garmire: Citizens who could be and are exposed to the criminal element. Mayor Ferre: You are, of course, including the daytime population? Chief Garmire: Yes Sir. We have an influx of maybe three hundred thousand people in the downtown area.during the day and we have to do that to be objective about the analysis. But I do want to re-emphasize that we have more people in the downtown area at this time zno they have been there for the last nearly three months, than at any other time in the history of the City of Miami. Mr. Plummer: Mr. Mayor. Mayor Ferre: Mr. Plummer. Mr. Plummer: Much to the contrary of what some people will tell you as you know I am there every evening, and I can tell you Mr. Mayor that there is no question that there are more men down there than there have ever been. There are canine patrols that are walking downtown and there are more cars in the downtown area that I have ever seen. And I can tell you without question, Mr. Mayor, because I talk with the merchants as I walk along that they are very well pleased to see the presence of a policeman in the midst of downtown. Mayor Ferre: Does that cut down on crime? Mr. Plummer: I believe it has a great deterrent to crime. It's not 2-6-74 7U • • nothing, Mr. Mayor; we're going to do or the chief is going to d0 that is going to eradicate crime. All we cah hope to do is tc deter. Now I am told and the chief might have different statistic that in fact, a lot of the petty crimes which were the crimes whie were driving the statistics in the hewspaper articles have been reduced. One drunk robbing another drunk, they have to do it in the paddy wagon now. But now that is another area I wanted to get into with the Chief. And also an area I wanted to get into with Paul Andrews because Paul you invade a statement at the last meeting about this quotations"Point Control". And some way or another, I think there is a misconception on your part or mine and I want to correct it if it is. The old fashioned point control of where a policeman stood on a corner and basically did nothing but direct traffic, I don't think exists with the men under the point control of downtown Miami today. I think when they are needed for traffic, they are there but Chief you tell me if I'm wrong. Basically, these men are walking beats up and down Flagler Street and the surrounding areas. Am I incorrect, Chief? Chief Garmire: We Have changed the point control concept to a beat configuration now. Mr. Plummer: Right, right. These men are no longer primarily for the purposes of directing traffic. ' These men are picking up and arresting and incarcerating the drunks and I tell you something, if you want to increase anything, I think that is one area that needs to be in the downtown area increased rather than to delete it. Now chief I want to get into another area. Mayor Ferre: Ok, now are you talking about the Meyers act? Mr. Plummer: No, No, that's what I want to get into now. And I'm not going to relate to the Meyer's Act except to tell you, Mr. Mayor, the Meyer's Act I think in my humble estimation is a very fine act as proposed in having a country coub for alcoholics and I think that that place holds about what? Two hundred people, Chief? Chief Garmire: I don't know really sir. Mr. Plummer: Well, it is a small number and it doesn't come anywhere near being adequate, Mr. Mayor, of what are the needs of this city alone. I am told Chief and this disturbs me to no end that the Dade County Jail only has facilities for fifty-eight or sixty- eight of these derelicts. To your knowledge is that anywhere within the realm of truth? Chief Garmire: I talked to Mr. Sandstrom about this very problem and this is approximately correct. I can't give the exact number. Mr. Plummer: Alright, I'm getting to a point. Roughly, somewhere in the neighborhood of let's say of sixty, that is what the capacity of the Dade,County Jail is now for drunks. I can tell you Mr. Mayor and the chief could tell you in more specific terms that there are days that we are picking up a hundred drunks in the downtown area. Now let me tell you what it is doing. The problem is this. They pick up a drunk in downtown Miami any given hour of the day, they put him in the Dade County Jail, and in a great Number of cases, Mr. Mayor that same drunk is back out on the street within four or maybe five hours. Now I don't know it to be a fact, but I was told that one drunk in the downtown area was arrested three times in one day. Which was to the drunk, three meals, a bath and a place to stay, Now Paul, you know I know Mel Reese, I think pretty well and I am sure that when Mel Reese recommended to this commission that we turn over our Jail to Metro that somewhere down in that agreement he kept a zinger that they would provide the adequate service needed by this city. Is that there? 2-6-74 • Mr. Andrews: I would suspect so. Mr.Plummer: Alright, now 1 think the Crux of this problem,Mr. Maye is when we operated our own jail a drunk, as I understand it wag kept for a minimum period of four hours and then taken to court the following day. Now here is what happened. They simply don't have the room in the Dade County Jail for half of what we are bringing there but the Dade County Jail is for all of Dade County. Now 1 saw here in the paper a month ago and I have to use the same terminology that I read in the paper, I don't know of anyother better name, that the unnamed paper that the county was proposing starting the drunk farm. Now don't laugh, that's what it was. I've heard nothing further on this proposal of a drunk farm, but Mr. Mayor, I tell you what, I'm at the stage right now that if we can't get some adequate answers from Dade County that they can assure us that these men will not be turned back out on the street in four hours I will make a proposal that the city of Miami take back over the operation of its Jail. Now either Dade County is going to provide the service that we need, or we're going to have to do it in a manner that we can cope with. Because I don't think there is anybody that would deny that the city of Miami enjoys more derelicts than all the rest of the municipalities put together. Mayor Ferret Is that a motion? Mr. Plummer: Well, Mr. Mayor, I prefer to make a motion to the extent that the city manager immediately get assurance from the Metropolitain Dade County as it pertains to the incarceration of our alcoholics, derelicts,people that we, the city bring to the Jail. Boy that sure waters it down. The people that we bring to the Jail that the assurances are that they are not going to be turned back out on the street in a drunken condition, which is happening today. Now Chief, before I ask for that as a motion or a second do you have some input into that? Chief Garmire: Yes, Sir, I do. When a person is picked up for public intoxication it is the usual procedure in most jails that when they have sobered up to the extent that they have control of their faculties they are admitted to bail. If they can make bail they are bailed out at that time. Now in talking with Mr. Sandstrom, the other day, he indicated that the problem is not with the Dade County Jail, as a matter of fact, he said that our programs for these last few months have created a hardship on them because of the numbers of people that were coming in to process. This if it were a processing of once a month for example, would cause them no particular problems. These people are then taken to court most of these people are contrary to what you may have heard not being released if they can hold them at all. The problem is they go to court the next morning and the court says "I find you guilty, and sentence you to time served." And it is automatic that they come out on the street and in all probability they will be arrested either that day or the next day. The stockade, in the meantime, is only partially full and they can control and handle a considerable number of these people. This would be a therapeutic treatment as well as getting them out of society and getting them off the streets and not bogging up the inceptive stages of the criminal justice system. So the problem does not apparently lie with the Dade County Jail, but with the fact that the courts are refusing to recognize that the stockade is available for some sort of treatment and drying out process for these people. Mr. Plummer: Would my motion as made, give the City Manager the latitude to explore? Chief Garmire: Its conceivable. Yes, Sir. Mr. Plummer: Well does it need to be more specific? 2-6-74 • • Mayor Petite: Well, just make sure the intent is clear", Ail right Rev. Gibson. Commissioner Gibson: Mr/. Mayor I want to follow up what you have say. I don't want to ask for assurances, I think we ought to instruct the manager to explore with the county and the Chief that is the Chief and the Manager, you know all the parts involVed to explore with the county how we can address ourselves of this problem. Now if it means we must go to the stockade that's what we mean. If it means going directly to the County Jail that's what we mean. I mean otherwise we've led them off course. We want to have some jail, that's what you're saying, we don't care how you get there we want you to go get the answers. Mr. Plummer: Just as I said before, don't tell me we can't do anything. Mayor Ferre: We now have a motion and a second. Commissioner Gibson: I'm seconding that motion. Mayor Ferre: Is there any further discussion on this motion? The motion as I understand it and correct me if I say it wrong is that we are requesting and instructing the manager to discuss with the appropriate bodies, the problem that we have with persons who are taken to jail or the stockade and are released in an intoxicated form. And all of the ramifications of that problem, and come back to this commission with the report so that we can take appropriate action at that point if necessary. Mr. Plummer: Well I Would like to go just a little bit further to say that the manager will, report back to us before the next commission meeting with recommendations if he doesn't feel that he got adequate satisfaction, then he can develop a plan for the implementation by this commission. Mayor Ferre: Can you do that in the next three weeks? Mr. Andrews: Yes. Mayor Ferre: All right,that's the motion and that's the second, is there any further discussion? Call the role. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-103 MOTION REQUESTING THE CITY MANAGER TO DISCUSS WITH THE APPROPRIATE PERSONS THE PROBLEM CREATED BY PERSONS ARRESTED IN THE CITY OF MIAMI FOR DRUNKEN- NESS AND SUBSEQUENTLY RELEASED WHILE STILL IN AN INTOXICATED CONDITION, AND TO SUBMIT HIS REPORT TO THE COMMISSION, AND THAT IF SUCH DISCUSSIONS ARE NOT SATISFACTORY TO THE CITY MANAGER, THAT HE RE- PORT BACK TO THE COMMISSION AT ITS NEXT REGULAR MEETING WITH A PLAN OF HIS OWN TO SOLVE THIS PROBLEM. Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Palmer, Mr. Reboso, Mayor Ferre. NOES: None. 2-6-74 410 Rev. Gibson: M s Mayor. Mayor Eerie: Yens, Father Rev. Gibson: X don't propose to tell the manager as he is the manager, but I would hope you would take the chief with you so since he has to live with the problem that we are criticizing hint all the time about the Police Department, I hope he will be right beside you to hear what is being said so you don't have to come back and tell him what was said, you know like that, so he can get some straight -forward answers. Mr. Andrews: Alright. Mr: Plummer: Chief Garmire, tell me again of what you have or of what you instigated in the garment district. Chief Garmire: What.we have or what we have instigated in ... Mr. Plummer: As it relates to the garment district. It runs from 22 Terrace to 29 Street from second avenue to the expressway. Mayor Ferre: That's the area that we had all of those people that touches upon that Windward Community Center Meeting we had didn't we, isn't that part of it? Rev. Gibson: That's just below it. Chief Garmire: Thee -Garment district is approximately one -quarter square mile of area that Mr. Plummer is referring to. We have had there for a considerable length of time a concentration of patrol where the most visible is the three wheel motorcycle. We have the overlays of the patrol cars in there also. Now we have had this in there since the street lights were installed, I can't tell you an exact date. Our experience in the garmet district has been very good. As a matter of fact we showed about a 48% reduction in crime for the first eight months that the lights were in and then it tapered off. We have been maintaining a substantial reduction in crime below that time prior to the installation of these lights. But when the lights were installed we revised our patrolling there. We put the three whell motorcycle in there in addition to the regular patrol that had been there before. Mr. Plummer: In other words, did I sometime ago hear you state that you had assigned two beats to the Garment District? Chief Garmire: No, Sir, we have a three wheel motorcycle beat in that district plus the cars. Mr. Plummer: Exclusively to the district? Chief Garmire: In that immediate area, yes, Sir. Now that's you say exclusively, I would have to check that beat boundary, but it is, He would spend at least 90% of his time in that Garment District. Mr. Plummer: And at what time of the day? Chief Garmire: This is a twenty-four hour assignment. That is we have overlapping assignments there that provide this kind of coverage in that area twenty-four hours a day. Mr. Plummer: I would like you to check that Chief and the next time you come back give me the assurance that the man is there. Chief Garmire: Well, I know the assignment. Mayor Ferre: Chief, I have a question for you. Somebody told me that the in the past beats were in other words, a policeman walking 80 2-fi-74 • a beat Was used as a form of disciplinary action. Is that a fee or is that... Chief Garhnire: That may have been at one tiine,but it is not, and assure you it has not been for the last four and a half years. Mr. Plummer: Mayor,the men that are presently on the beat in downtown Miami, most of them have been there for an untold amount of years and I think it is because they prefer it. Chief Garmire: Contrary to your information, your honor, every man walking the beat over and above the assignments which were formerly called the beat patrols or point control are there by virtue of volunteering for the assignment. Mayor Ferre: Does anybody else have any other questions? Mr. Plummer: The only thing I would like to remind the Chief of that I had asked him and he agreed to put in writing was a problem that bothered me, Mr. Mayor, about the men who are lieutenants taking the captain's exam that it looks like these men will have no chance of ever making promotions and I asked him to put that in writing, which you agreed to Chief and I would again like to ask you for that in writing. Chief Garmire: I will be glad to reduce that to writing but for your information, I would like to touch on it for a moment. Contrary to what appeared in the budget message, and contrary to some of the comments that have been made in the past, we have done a rather in depth study of the whole application of our manpower, taking into consideration that in the very near future with the implementation of the bond issue. In all probability we will need as many if not more captains than we currently have, and consequently, I am in the position now of definitely recommending to the manager that as these captains vacancies occur, that they be f:.11ed from the existing registers. No one is in jeopardy of not being promoted that if and when vacancies occur in the future. Mr. Plummer: Mr. Manager, I don't want to contradict the chief, but didn't you hear the same people up here speaking who said that there was no way that they had been informed that they had any chance before this register died, of making captain and they had taken the examination, didn't you hear the same people? Mr. Andrews: They were alluding to the fact that the city's, going back to this budget message and maybe some additional informatio that was developed prior to the budget message, a mode of operation that the city had been thinking of putting into effect, and that was a reduction of the number of captains positions. And, based on that document, I would have no doubt that that is the conclusion they would have to come to. The message is quite clear. Mr. Plummer: Well also, Mr. Andrews, they referred to the Chief's document which was his answers to the Mayor's questions of the original inception of the Chief appearing here some three months ago, in which the Chief made reference to the captains positions, and I don't recall the exactly the wording, as it related to the fact that they were not under Civil Service, or not under his complete ---. Where is it? Find the thing for me. They referred to that document Chief, which you put forth, of justifying why... Does anyone have that document? Mr. Andrews; No. I think I know what you're referring to, are you referring to the answer to the questions that were ... Mr. Plummer: The Mayor preferred to the Chief twenty-six questions! Mr. Andrews; Right. �.l 2-6-74 41/ Mr. pluMrner: Or thirty questions, and asked the Chief to respond to them in writing, which he did. Ok? And in that, the one in reference to about the three captain's positions. The Chief's response went something to the effect that no new captains were going to be made and one of the reasons that the Chief did not want the captains, was because the ... go ahead. M. Andrews: The ratio of sargeants, lieutenants,and captains... Mr. Plummer: No, No. It was something in reference to the fact that the captains came under the Civil Service. Mr. Andrews: I'm sorry, I don't remember that. Mr. Plummer: Well,my memory isn't that bad, if somebody finds the document I will show it to you. It was question number twenty-six. Mr. Andrews: You're probably right, but I can't say that you are without seeing the document. Mr. Plummer: Well, it was stated in there by the Chief, if I recall correctly. Do you have a copy Chief? Chief Garmire: No, Sir. I do not. Mr. Plummer: Does the Clerk have a copy? Mr. Andrews: I didn't really know that you were going to bring this up otherwise I would have been glad to help you. Mr. Plummer: Well, I'll bring it up at the next meeting. Mayor Ferre: Alright, any further questions? Rev. Gibson: We admit you have a pretty good memory J.L.. Mr. Plummer: Yes, the City Manager has learned that quite pertinently, and Mr. Crouch. Mr. Andrews: Let's dwell on this for another moment. What the Chief is, I think trying to tell you from what I hear him saying, and this maybe comes about because of the several meetings that he has had some of which I am aware of because I have participated in them with the S.R.I. people and the future staffing of the department in that it now appears reasonably certain that we will have to have as many as we do now, if not more in the future. Mr. Plummer: Let me ask a question which will get right down to the nitty-gritty. If a captain resigns, gets fired, dies, if there is a vacancy tomorrow, are you telling me it will be filled? Chief Garmire: Let me explain it this way sir. There is now a requisition in to fill the vacancy which was created by the recent retirement of Captain Esser. Mr. Plummer: That answers the question. • Ft,i11t -;;a Pursuant to the request of the Commission at the previous meeting, an ordinance providing additional penalties for per- sons convicted of prostitution and related activities was presented by the City Attorney for the consideration of the Commission. • John Lloyd, City Attorney, made the following statement: After considerable research and investigation the Law Department proposes to repeal Section 38•-45 of the Miami City Code, which says it shall be unlawful for any woman or female who prostitutes herself or uses any lacivious or indecent language or gestures or behavior to induce any other person to prostitution. We propose to repeal that as being an insuffi- cient ordinance and substitute therefor the sections which you have in your book, which I will briefly touch on. Basically, these are copies of the State Statutes, which actually the Police Department has been using as a basis for their arrests, and it becomes appropriate to put that into the Miami City Code; and that's something in the nature of a housecleaning section of the ordinance. Now, Section 2, or rather another section in the ordinance --by the way, it will be under Section 1, subsection I and J, provides for the minimum penalties which we had previously discussed. Now, I might make mention of the fact that the State Statute is considerably broader, and applies to everyone who, not only offers to commit prostitution, but for solicitation, or to offer another, or to direct or transport, or to engage in the activity, or participate in the doing of any of the acts or things enumerated in the previous sections. Now, the scheduling which is in the ordinance is no;: on the agenda. That has been changed. However, if you wish to change it back to that, or change what we have, we may do that. These are just suggested penalties. Mayor Ferre: I have a lot of questions, so let's start off with the first one. I don't think that there ought to be any references in any of these statutes that distinguishes between a man or a woman. I think it ought to be persons. In other words, i don't think that we should, by law, distinguish, because if it is prostitution it could be by a man or a woman, and number two; I don't think that we can distinguish, if it's a crime to solicit and be involved in prostitution --and it takes two to tango; it tales two people to be involved and perpetrate the crime; it can't be done alone; and I think the law should be applicable, both as to penalties and otherwise, to both participants. Mr. Lloyd: That's why I made reference in my opening re- marks to paragraph H. That does that. Mayor Ferre: My next question to you is; you and I were talking about a little different penalties, and you cut those down a little bit. Mr. Lloyd: Yes, we did. Now, if you want to replace them we have no objection to it. However, as we have mentioned in the memorandum, Mr. Weston, who is here with me, did speak to a Circuit Judge and the Senior Judge of the County Court on some of these matters, and we have had some input from them on theta. However, if you wish to provide for the stiffer penalties you 2-6-74 8 • may do so. One thing;we cannot increase the maximum as prescrii by the Charter. Mayor Ferrer The point is --and again, this is not an attar alone on prostitution, but, in my view anyway, mainly against the crimes that surround and are involved with prostitution, which JO what I am really more concerned with at this point. I am not belittling the crime of prostitution. I am just saying that what I think is more of our concern is the drug addicts, the organized crime, the muggings, the blackmailings, the beatings and the other types of things that have traditionally plagued people in this criminal act. Mr. Lloyd: That's why I specifically referred to the sections B, C, D, E, F, G and H. You will notice that B says it is unlawful to solicit, induce, entice or procure another to commit prostitution, lewdness or assignation. Now this means that if a man walked up to a lady on the street and suggested to her that she commit prostitution, he would be guilty of a crime. Now, C says to offer another, or offer or agree to secure another for the purpose of prostitution or for any other lewd or indecent act. Also to receive, or offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation. This covers any place, including hotels, motels and the like. Mr. Plummer: Does that mean just for a place for the act of prostitution to occur, or does that allow the prostitutes to operate out of? In other words, there are some places that I tried to bring out last time that are known hangouts. Now can this ordinance be directed against those people? Mr. Lloyd: Yes; let me read it again. Mayor Ferre: Yes; it says very clearly --to receive, and so on and so forth, in any building, for the purpose of prostitution --- Mr. Lloyd: To permit any person to remain there for this purpose. In other words, to prevent a bar from allowing a prosti- tute from sitting in a bar and having a drink and then solicit customers; and you are going against the owner. Mayor Ferre: Of course you realize that that all has to be proven. You know in all these things --and I want to make this very clear --that just because we are putting all these things dawn it doesn't mean that all this is going to stop, because the person has to be apprehended, and then he or she has to be prose- cuted, and then they have to be found guilty, and then we get into all this; so this is no panacea; it is just, hopefully, a broadening of the law which will permit proper prosecution. • Mr. Plummer: .If this was drafted from a State ordinance I will have to ask the Chief why haven't some of these places been prosecuted. Bernard L. Garmire, Chief of Police: I think that the Mayor has pretty well hit the nail on the head. We have to prove these things. We have made a number of arrests. For example, last year 2-6-74 - we made 315 arrests, for prostitution and commercial vice. Of those 82 were members of the male sex. That number includes a number of people who were actually in the act of procuring for someone else; bartenders and this type of thing. But here again the individual is the one responsible; not necessarily the firm or the business, and it is extremely difficult to make a case against the business per se. Mayor Ferre: When it's proven, instead of paying a $25.00 fine and getting out in three and a half hours and going back to work to pay for the fine, the fine is going to be a little stiffer, and the next time he gets caught, or she gets caught, it's jail for ten days, and then thirty days; and the thing I want to address myself to is stiffening up these provisions. In response to a question by the Mayor, Chief Garmire stated he felt that the proposed ordinance would be a step in the right direction. After brief general discussion it was agreed to amend Section J of the proposed ordinance to provide that penalties be the penalties specified by the Commission at its previous meeting, to wit: Fifteen days and a fine of $200.00 for the first offense; Thirty days and a fine of $500.00 for the second offense; Sixty days and a fine of $500.00 for the third and subsequent offenses. The motion to amend was offered by Mrs. Gordon, seconded by Reverend Gibson, and adopted unanimously. Thereupon the ordinance, as amended, and entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BY REPEALING SECTION 38-45 AND SUBSTITUTING A NEW SECTION 38-45 PROHIBITING THE COMMISSION, OFFERING TO COMMIS SOLICITATION, INDUCEMENT, EN- TICEMENT OR PROCUREMENT OF ANOTHER TO COMMIT PROSTITUTION, LEWDNESS OR ASSIGNATION; FURTHER PROHIBITING THE DIRECTION, TRANSPORTATION, OR AGREEMENT TO TRANSPORT ANY PERSON FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION; FURTHER PROHIBITING THE MAINTENANCE OF ANY PLACE, STRUCTURE, BUILDING OR CONVEYANCE OR THE RECEPTION, OR OFFER OR AGREEMENT TO RECEIVE ANY PERSON INTO ANY PLACE, STRUCTURE, BUILDING OR CONVEYANCE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION; FURTHER PROHIBITING THE USE OF ANY PLACE, STRUCTURE, BUILDING OR CONVEYANCE FOR THE PURPOSE OF PROSTI- TUTION, LEWDNESS, OR ASSIGNATION; FURTHER PROHIBIT- ING AIDING, ABETTING OR PARTICIPATING IN THE DOING OF ANY OF THE ACTS PROHIBITED; PROVIDING FOR THE PUNISHMENT FOR VIOLATION OF THE ORDINANCE; FURTHER PROVIDING FOR MANDATORY SENTENCE TO CONFINEMENT AND MINIMUM FINES FOR THE FIRST, SECOND AND SUBSE- QUENT VIOLATIONS OF THIS ORDINANCE; FURTHER PROVID- ING THAT A CERTIFIED COPY OF A JUDGMENT OF CONVIC- TION SHALL BE PRIMA FACIE EVIDENCE OF SUCH PRIOR CONVICTION; FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, SUPPLEMENTAL AND IN ADDI- TION TO ANY PRESENTLY EXISTING PROVISIONS; CONTAIN- ING A SEVERABILITY PROVISION; DECLARING THIS 2-6-74 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 POUR FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by`Mrs. Gordon and seconded by Reverend 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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Whereupon the Commission, on mition of Mrs. Gordon, seconded by Reverend Gibson, adopted said ordinance by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8230., IqI IUI.11W A N1i I II. I K/] 1 i BUSINESS, ESTABLUfiHMENTSrWHEN, .CONVICTED, OF. A! VICE• VIOLATION Mr. Plummer: Chief, we discussed last time, about the revocation of occupational license where violations of vice were occuring. That upon conviction, the people would have to come before this Commission to be able to remain in business. NowsMr. Lloyd tells me that really in fact we have such an ordinance on our books now which can and will address itself to all places except those per- taining to Bars and Restaurants, which is the authority and purview of the Hotel & Restaurant Commission. I would like Mr. Lloyd, do you have that Sir? Mr. Lloyd: We were instructed to prepare and submit to the Commission for its consideration a proposed ordinance which would provide that any licensed establishment of the City of Miami, the owner or operator of which is convicted of any vice violation would be required to appear before the City Commission to show cause why its license should not be revoked. Actually, Section 30-11 regarding revocation of licenses does this and provides the Commission may upon notice of hearing on violation of this code or any other ordinance of the City or law of the State, call a hearing and revoke the license after notice and hearing. Now there is another provision of course for nightclubs which gives the City Manager the authority to revoke or suspend the license and then have the hearing to reinstate the license. If you will remember we had a man up here asking that his nightclub license be renewed again and the Commission promptly referred the action to the Manager for the appropriate hearing. Mr. Plummer: Yes but the action of this Commission meeting 2 weeks ago, it was the action that we wanted to reverse it and bring these hearings back up before the Commission, full and open hearings. Mr. Lloyd: You have that by virtue of Section 30-11 and you may do that. Mr. Plummer: You are telling me that other than bars and restaurants, that any person that is charged and convicted of a vice violation from this day forward will have to come before this Commission for a hearing? Now what do we need to put that into the operation? Mr. Lloyd: All we need to do is administratively go ahead and work with the Police Chief and the City Manager when there is a violation and we'll prepare charges and the Commission will set up the time for a hearing. Mr. Plummer: Mr. Andrews, did we handle that sufficiently? At the last meeting?' In other words, by :this day forward, or 2 weeks ago forward, any person that has an occupational license issued by the City of MiaalYt who is charged with a violation of vice, once convicted will be scheduled for a hearing before this Commission to see whether or no in the wisdom of this Commission, they should be allowed to Continua to do business? Mr. Andrews: Yes. Mr. Plummer: You understand that? Mr. Andrews: Yes. Mr. Plummer: Now the other point Mr. Lloyd that you made to me about the Beverage Commission. Does it need action by this Commission that any violation of vice or liquor laws that is found by the Chief or hid men be immediately sent to the Beverage Commission and asked for a hearing to be scheduled, elaborate on that. Mr. Lloyd: I would suggest on that basis, the pursuant to the State Alcoholic Beverage license provisions in the Florida Statutes that when there is a violation, concerning alcoholic beverage establish- ments, that the administration and the City Attorney be, it is a policy of the Commission that the Administration and the City Attorney be instructed to, it is the policy of the City Commission to bring the matter to the attention of the State Beverage Department for appropriate hearings and revocation of licenses. Mr. Plummer: All right, Chief would you like to comment on that? Chief Garmire: I just don't think it works as a matter of fact. History indicates it does not work that way. Am I not correct in assuming that those places that dispense alcoholic beverages also require a business privel'ege license? Mr. Lloyd: Yes Chief. Chief Garmire: I would recommend that this Commission very seriously consider some sort of control on the city level aimed at bringing those people before the Commission. Mr. Plummer: Thats' what I wanted to do but they say I can't do it. Mr. Lloyd: Now just a moment Chief. Let me read from the memo. First, the City's control over nightclub licenses is firmly established in the law regarding nightclub licenses. Now the other types of licenses most frequently associated with vice violations are the State Alcoholic Beverage and Hotel licenses. However, the State, Chief has pre-empted the field of regulation of these licenses. Municipalities in Florida merely collect revenue from occupational licenses issued in the businesses in the City of Miami by virtue of the State Law. It does not have the authority to revoke a city occupational license issued to such businesses based • upon vice violations. We must go through the State Hotel and Beverage Commission. Chief Garmire: Herein lies the problem. We have had on more than one occasion business establishments, not necessarily only those dispensing alcoholic beverages. Some cases in point are out on Biscayne Boulevard and in each instance, we were unsuccessful in pleading our cases before the State Commission. I submit that it occurs to me that we as the municipality of Miami issue these people some sort of a business privilege license that we should be able to exert some controls. Mr. Plummer: I agree. He and I had an argument about it. Mr. Lloyd: Let me say, I don't make the rules and 1 can only tell you what the law ie. Now you gust go to the State Legislature to change some of these things and we do engage usually a representati up there for that purpose. Now the thing of it is, 1 have to give you the bad news with the good news. I mean 1 can't sit here and tell you what you want to hear all the time and I have to tell you that under the State Law, that certain areas of licenses are pre-empted by the State of plorid and all we can do is regulate the hours of sale. Mr. Plummer: I understand John what you are saying and I think that the State who issues them a license has the authority to regulate that license which they issue. Mr. Lloyd: They do. Mr. Plummer: But I don't think they have or can pre-empt our right of the license that we issue. That's what I am saying. Now John I don't mean to go over your head but isn't it well within the normal legal profession that an opinion be derived from the Attorney General, in other words, by proffering a question, can't we get an interpretation from the attorney general and let him answer it? Mr. Lloyd: I will be happy to request an opinion from the attorney general on it but I can tell you what it's going to be . Mr. Andrews: One thing you could ask the attorney general, is that we regulate the hours of operation. Is it possible that as we have set up a schedule of fines insofar as prostitution is concerned, would it be possible to regulate the hours of those business establishments that cause these problems by reducing the number of hours of operation? Mr. Plummer: You can't Paul because, I think I know what the Chief is saying, his problem has been with the motels up on the boulevard. Now how in the devil are you going to regulate hours of operation of a motel? What I am saying is that if we issue an occupational license, I think that we have full authority to revocate that license. Now that's my question. Mr. Lloyd: I have answered it. In my opinion based upon the existing state law, that we do not have. Now if you wish me to ask the attorney general for an opinion, I would be happy to. I concur with the idea and I would like to get that changed and if we can get an opinion to the contrary from the attorney general, or even remotely to the contrary, I would be happy to go full force ahead and bring these to the Commission. Mr. Plummer: Do you need a resolution asking? Mr. Lloyd: Just a motion requesting the City attorney to request an opinion from the attorney general. Mr. Plummer: I make a motion that the City Attorney be given the latitude of asking an opinion from the attorney general as it relates to the revocation of occupational licenses. Mr. Reboso: Second. Motion made by Mr. Plummer, seconded by Mr. Reboso and passed and adopted by the following vote - AYES: Mr. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor ?erre. NOES: None 8b FEB ... FOR...DELINOUEN '. SPECIALIMPROVEIERI.rASSESSMENT . LIENS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-104 A RESOLUTION SELECTING NEWSPAPERS WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE PUBLISHED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None The Commission directed the above be published in the following newspapers: THE MIAMI HERALD THE MIAMI NEWS THE MIAMI REVIEW THE MIAMI TIMES THE LIBERTY NEWS THE DIAROS LAS AMERICAS IDIDINANCE. REPEALING. SEC.2-.101. OF. THE. COIF, CONFLICT INTEREST BOARD Mrs. Gordon: I have a question to the Law Department. Is this Board a necessary part of the declaration of requirement that we file all our holdings? Mr. Lloyd: No, this Board, this is a housekeeping item. This Board has never in fact been created and there is no actual need for it. Mrs. Gordon: Wasn't that a policing board of some sort? Wasn't it supposed to be? Mr. Lloyd: It was in fact but never implemented and there is obviously no need for it because it's been on the books for years and nothing was ever done about it. An ordinance entitled - AN ORDINANCE REPEALING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI WHEREIN A CONFLICT OF INTEREST BOARD IS CREATED TO HEAR COMPLAINTS; PROVIDING FOR ITS DEL- ETION FROM THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT FEB *6197 . • was introduced by Mr. Plummer, seconded by Mr. Reboso, and passed On its first reading by title only by the following vote .. AVES Messrs. Pluitmer, Rebore, Mrs. Gordon, Reverend Gibson and Mayor F'erre. NOBS: None Mr. Plummer: On 28, Mr. Lloyd, some 6 months ago, I asked that you draw up an amendment to the ordinance waiving the fees as it related to non-profit organizations. Mr. Lloyd: I don't recall it. Mayor Ferrw: Sidney Aronovitz was the originator of this item. Mr. Plummer: I asked 5 months ago that this be done and what prompted:: it was H.U.D. Mr. Simpson: It was taken care of in the original ordinance. The maximum fee for any governmental agency was $500.00. Mr. Plummer: That was taken care of then and I requested that a non-profit organization be included and that an ordinance be drafted. Mr. Lloyd: However subsequent to that what happened, you may have but what happened afterwards was the passing of the new zoning procedure ordinance which was prepared to Dr. Bartley and the task force and this was passed a long time after that and this is the current problem is that the ordinance has passed which does not provide for the waiving of any fees. Mrs. Gordon: How do we proceed on this? We want to proceed on it. Mr. Plummer: You can't. Mr. Simpson: The problem that brought this to your attention and the letter that caused to be sent to the Mayor and the Administration was the request of the Jewish Home for the Aged. Mayor Ferre: $5,000- Mr. Simpson: When we, and I must explain the fee for this reason, it was a multiple request. There was a street closure wherein they would regain approximately 24,000 sq.ft. of property which is now being utilized for public right of way. That filing fee was at $2.00 per running foot, amounted to $955.00. They requested 2-conditional uses for $300.00 each. They requested a change of zoning for in excess of 46,000 sq.ft. and that was based at 4 a square foot according to the ordinance plus a variance, 2- variances, one of them on lot coverage and the other, a waiver of parking, so their total filing fee at my office for the 5 items amounted to $5,099.04. The proposal that is before you today as drafted by the Law Department would establish a $500.00 maximum fee for any eleemosynary organization only as it relates to change of zoning and/or variance requests. In other words, if they came in for 4 variances and a change of zoning, on this part rather then, it saves them in excess of $3,000. Their filing fee right now is $5,099, their filing fee for the street closure, the 2-conditional uses and the maximum $500.00 for the variances and the change of zoning would amount to $2,055. Now that is treating those organizations the same as the governmental agency. 9V FEB 6 197 Mr, Andrews: 1 am satisfied after having reviewed this that you could go ahead and adopt this ordinance as it is presented to you on first reading so you can get this underway and it provide* for $500.00 as a maximum charge. Mr. Simpson: A $500.00 maximum for any variance, change of zoning or combination of those two. It will not relieve them as to the vacation of right-of-way or conditional use. Mr. Andrews: But it would not get into the $5,000 area. Mr. Plummer: Would you consider an amendment to read that this would; pertain to non-profit organizations? Mr. Lloyd: It's already in. Mr. Simpson: The maximum fee to be charged to any institutions, of eleemosynary character for change of zoning or variance or a combination thereof, shall be $500.00. Any institution applying under the subsection, shall submit it's articles of incorporation to the Director of the Department of Administration of Planning and Zoning Boards for review prior to acceptance of the application. Mrs. Gordon: I'll move that. Mr. Simpson: We are requiring this now. Mr. Plummer: He is explaining to me a very fine point Mr. Mayor. Mr. Lloyd: Yes, let me explain this fine point now. The word non-profit has been suggested. Now let me explain the difference between an eleemosynary institution and a non-profit institution. A non-profit institution do not necessarily have to be a charity organization. For instance, the Better Business Bureau is non- profit but it is not a charitable organization. Now this would not include organizations like the Better Business Bureau or other non-profit corporations. It only includes institutions or organizations of a charitable nature. Mr. Simpson: I would also say that every private club in the City of Miami is chartered as a non-profit organization. Mrs. Gordon: It was moved but not seconded. Mr. Plummer: Second. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF'MIAMI, FLORIDA ON OCTOBER 4, 1973 BY ADDING A NEW SUBSECTION (i) TO SECTION 62-26 OF THE CITY OF MIAMI CODE, PROVIDING FOR A MAXIMUM FEE TO BE CHARGED INSTITUTIONS OF AN ELEEMOSYNARY CHARACTER FOR ANY CHANGE OF ZONING OR VARIANCE OR COMBINATION THEREOF Was introduced by Mrs. Gordon, seconded by Mr. Plummer, the ordinance was passed on first reading by title only by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None NOTE: The Ordinance was read by title. Copies were furnished to members of the Commission and copies are available to the public. 9i FEB - 61974 WIMPAY. �i►f"ii��Ili���'�1�'�fYi fil fY. fi. a. it fr iii i �li: �: fir iL iY� Y i a+i . W iP ii�r fi i 4Y Ili` Y i r drmi�►Wr.. r.. ...*4i.tibars6fg.* Agi Mr. Andrews: Mr. Mayor and members of the Commission, I recommend; that you not act upon this recommendation from the Civil Service Board and that you give the City Manager the privilege of negotiati this with employees if it's something that can be negotiated. This is the 2 days Bob. Mr. Robert Faulk: I am not here to oppose or to, unless you have some questions. Only in response. Mayor Ferre: I saw 2 people jump awful high there. Mr. Faulk: I had supplied Mr. Andrews with the necessary information' and documents. The reason that this was forwarded to the Commission that it was proposed originally back in September of 1972 as an idea from the General Employees Association in September. At the time, they were considering the request of an additional 2 holidays as floating holidays for the employees of the City of Miami. Mayor Ferre: I'll tell you - do you want to talk on this? Sgt. Salerno: For the record, Sgt. Salerno, Fraternal Order of Police. I would just like to point out the danger of negotiating this type of an item with the structure of the City employee groups. We could have sitting at 2 desks in the same office, a member of one union for one the benefit of negotiations, the member of another organization who did not win it, one getting it and one not getting it. Mr. Andrews: We have had that problem and Mr. Mayor, I had said several times to the City Commission that somewhere along the way, we are going to have to get into unified collective bargaining in the various groups and we are probably going to be making some headway toward unifying the benefits and we will have unified bargaining - one day. Mayor Ferre: What is the will of the Commission? Mr. Williams: I am Frank Williams, President of G.E.A., the General Employees Association and I am for it naturally and the previous administration, Mr. Andrew's predecessor told my predecessor that the Civil Service procedure was the vehicle for us to obtain this benefit and I know that we have change of attitude in personal- ities but this seems to be a reversal of the previous Manager's position. Mayor Ferre: I am about ready to leave. If this takes much longer - What do you want to do on this? Mr. Plummer: Paul, can we pass this without implementation only to put it there and if you negotiate it, then they can have it? Mr. Andrews: You can pass it on first reading. Mr. Plummer: I'll move it on first reading. Mr. Reboso: Second. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 16, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING THEREFROM SUBSECTION (b) OF SECTION 2 OF RULE XIX, ENTITLED "VACATION WITH PAY", AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b) PROVIDING FOR A NEW SCHEDULE OF VACATION WITH PAY FOR EMPLOYEES OF THE CITY OF MIAMI was introduced by Mr. Plummer, seconded by. Mr. Reboso and passed Oft its first reading by the following vote - AYES: Messrs. F11ef Reboso, Mrs, Gordon, Reverend Gibson and Mayor Ferre. NOES: None The ordinance was read by title into the record and copies are available to the general public. EVER _DitT0 CONTRACT WITH. LOUIS, LAUREDO- ADMIN. ASS ': TO• THE M Mayor Ferre: This is in lieu of, this matter came up the last time and it is in lieu of a driver. The City of Miami has traditionally provided the Mayor with a driver and I would rather have, since the load is getting heavy up there - Mr. Reboso: Move it. Mr. Plummer: Mr. Mayor, with one exception. I would like to move the figure to be $12,085. You know why I am doing it, because that's what the Secretary's are being paid, not for $85. Am I right Paul? Mr. Paul: I should inform the Commission all these facts. The $12,000 that was originally budgeted for the first person is now $12,6 something because of the 5% increase. Mr. Plummer: Oh, that's not on here then. Mr. Andrews: No, this is a contract. You are comparing now to the Secretaries. Mr. Plummer: That's right. Mr. Andrews: And I am saying one of the secretaries employed before January llth is now at $12,600 and some odd dollars because of the 5% increase. January llth there was a 5% increase. Mr. Plummer: Okay. Mr. Reboso: I move it. Mrs. Gordon: Second. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-105 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MAN- AGER AND THE CITY CLERK TO ENTER INTO A CONTRACT WITH LOUIS LAUREDO FOR SERVICES AS ADMINISTRATIVE ASSISTANT TO THE MAYOR OF THE CITY OF MIAMI, COMPENSATION FOR SAID SERVICES TO BE $12,000.00 PER YEAR, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT ATTACHED HERETO Upon being seconded by Mrs. Gordon, the resolution. was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Bw 50,. i SOLUTIOR IIRECTING:..CI. Ate:. TO. $SETTLE CASE W/FEC A,R The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-106 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATT- ORNEY TO EXECUTE A SETTLEMENT STIPULATION (ATTACHED) SETTLING THE LAND TAKING ASPECT OF THE CASE OF FLORIDA EAST COAST RAILWAY CO., V. CITY OF MIAMI AND STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION, DADE COUNTY CIRCUIT COURT NO. 67-5685 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 51. I . .. JOHN GUY Mr. Andrews: I want to inform the Commission that this is a precedent as far as this procedure is concerned in that this man, when he was returned to full duty, could have claimed and would have claimed $3,700. His Attorney andI sat down with the City Attorney and we mitigated the money that he would receive and agreed upon $1,500. This means that employees who follow the Civil Service procedures from now on who are relieved of their working status and they must go out and find another job because if they run the risk that they are re -installed 6 months later, that they can't depend on the City paying them the full salary. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-107 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOHN GUY, INCINERATOR STOKER IN THE DEPARTMENT OF SANITATION, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,500.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED LOSS OF WAGES SUFFERED DURING THE PERIOD BEGINNING APRIL 7, 1973 AND ENDING THE 5TH DAY OF SEPTEMBER, 1973, BY REASON OF MR. GUY'S SUCCESSFUL APPEAL TO THE CIVIL SERVICE BOARD OF HIS DISMISSAL BY C. R. JONES, DIRECTOR OF THE DEPARTMENT OF SANITATION; SAID APPEAL HAVING BEEN UPHELD BY THE CITY MANAGER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 52 . AltISEMERT : V1CLPERM1 T-�' CORRAL. SHOPPING _ PLAZA Mr. Plummer: Somebody objected on this. Mayor Ferre: The Shrine Circus, Competing with the Shrine Circus and they want it deferred. They said the Central Shopping Plaza Merchant's Association Inc., the amusement riding devices they want to put up between February 6 and February 17, will conflict with the Shrine Circus and they want to be heard on it. Unidentified Man: If your Honor pleases, I just want to say that on behalf of the Central Shopping Plaza. We have gone to great expense because there was some conflict in dates originally and this matter was postponed so that a certain 90 day interval and we have signed a letter waiving any responsibility or liability on the part of the City should this not be granted. With no thought whatsoever of any conflict with anyone but just on the basis that we aren't in a position to say what the Commission is going to do on any particularmatter but I would respectfully urge that the shopping center be allowed to continue with this exploitation. Business could sure stand a little shot. Mayor Ferre: What is the will of this Commission? The City Manager always traditionally has recommended not against it but doesn't take a position - Mr. Andrews: I have no objection to it but I have no recommendation. Mayor Ferre: Now on item 39, I received a telegram so you wil 1 keep this in mind as you vote. The Colonial Plaza Condominium Association demand immediate removal of carnival being erected on N. W. corner of N. E. 82 Street and N. W. 4 Plaza as a violation of zoning law, public nuisance, invasion of privacy of elderly residents. Agnes W. Gleason, President of the N.E. Condominium, let the record reflect this telegram for item 39. A11 right what is the will of this Commission? Let me understand this. Which is the Shrine Circus? Unidentified Man: #38 is the one the Shrine Circus apparently called in about. I don't want to get involved in fraternal back biting, I am a Shriner myself. There is some opinion as to whether there is a conflict - Mayor Ferre: Where are they putting up their circus? Mr. Plummer: At the dog track. Mayor Ferre: Have we approved that already? Mr. Andrews: Yes, some time ago. Mayor Ferre: Yes, and what they are saying is - Nobody has any will around here to get the ball rolling. I move 38. Rev. Gibson: Second. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 74-108 A RESOLUTION AUTHORIZING AND DIRECTING THAT PERMITS BE ISSUED TO CENTRAL SHOPPING PLAZA MERCHANTS ASSOC- IATION INC., FOR INSTALLATION OF AMUSEMENT RIDING DEVICES ONLY, NOT TO INCLUDE ANY AMUSEMENTS OTHER THAN RIDES, AT THE CENTRAL SHOPPING PLAZA FOR THE PERIOD FROM FEBRUARY 6, 1974 THROUGH FEBRUARY 17, 1974, SAID AMUSEMENT RIDES TO BE OPERATED IN ACCORD- ANCEWITH THE PROVISIONS OF ORDINANCE NO. 7267; PROVIDING NO LIVING QUARTERS OF ANY TYPE WILL BE ESTABLISHED IN ANY OF THESE FACILITIES DURING OR 90 FEB •61974 AFTER THE EVENT; PROVIDING THAT NO LIVE ANIMALS BE PERMITTED AS A PART OF SAID OPERATION; FURTHER PROVIDING FOR PROPER TOILET FACILITIES FOR USE BY PERSONNEL WORKING IN CONNECTION WITH THE AMUSEMENT RIDING DEVICES; AND FURTHER PROVIDING THAT PROPER TOILET FACILITIES ARE AVAILABLE TO THE GENERAL PUBLIC WHO ARE IN ATTENDANCE FOR THE AMUSEMENT RIDING DEVICES, AND THAT AT LEAST EIGHT POLICE OFFICERS, OR AS MANY ADDITIONAL AS MAY BE DETERMINED BY THE CITY MANAGER, BE FURNISHED BY THE APPLICANT TO PROVIDE CROWD CONTROL SERVICES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: Mrs. Gordon NOTE: Prior to the adoption of the preceding resolution, the Mayor turned over the gavel to Vice Mayor Reboso and following adoption of the resolution, the Mayor resumed the chair. 53 AMUSEMENT. RtD1J{G", DEVI CE. PERMIT- MI AMI . EDISON BAN BOOSTERS Mrs. Gordon: There is an objection to this also and where there is an objection, I respect the fact that we don't have to put these in and I would prefer not voting on it. Mayor Ferre: I might agree on this for a very simple reason. In this case the objection is from people in the neighborhood. In the case of the Shriner's, they were objecting because they didn't want any competition and that's a very different matter so I might go along with your objection on this. Do you want to make the motion to turn it down? Mr. Plummer: It's tough. There is nobody here to speak for or against it but its Miami -Edison High School. Mrs. Gordon: Why not defer it then? Mr. Plummer: How are you going to defer it. It's scheduled for the loth or the 7th. I will move 'to approve it. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-109 A RESOLUTION AUTHORIZING AND DIRECTING THAT PERMITS BE ISSUED TO THE MIAMI EDISON BAND BOOSTERS FOR THE INSTALLATION OF AMUSEMENT RIDING DEVICES ONLY, NOT TO INCLUDE ANY AMUSEMENT OTHER THAN RIDES, AT 82ND STREET AND BISCAYNE BOULEVARD AT BISCAYNE SHOPPING PLAZA FOR THE PERIOD FROM FEBRUARY 7, 1974 THROUGH FEBRUARY 10, 1974; SAID AMUSEMENT RIDES TO BE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF ORDIN- ANCE NO. 7267; PROVIDING NO LIVING QUARTERS OF ANY TYPE WILL BE ESTABLISHED IN ANY OF THESE FACILITIES DURING OR AFTER THE EVENT; PROVING THAT NO LIVE ANIMALS BE PERMITTED AS A PART OF SAID OPERATION; FURTHER PROVIDING FOR PROPER TOILET FACILITIES FOR USE BY PERSONNEL WORKING IN CONNECTION WITH THE 9c FEB - 6'974 AMUSEMENT RIDING DEVICES AND FURTHER PROVIDING THAT PROPER TOILET FACILITIES ARE AVAILABLE FOR THE GENERAL PUBLIC WHO ARE IN ATTENDANCE FOR THE AMUSEMENT RIDING DEVICES, AND THAT AT LEAST EIGHT POLICE OFFICERS, OR AS MANY ADDITIONAL AS MAY BE DETERMINED BY THE CITY MANAGER, BE FURNISHED BY THE APPLICANT TO PROVIDE CROWD CONTROL SERVICES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, , Reverend Gibson and Mayor Ferre. NOES: None 54. AND SEC. 56-135' nF. THE CnDE-- REVOKING: nF. C IAIJFFEtJRS LICENSES BY THE POLICE DEPARTMENT Mr. Plummer: Why is this recommended? Mr. Lloyd: Because of a court case in the federal court and we are changing it to conform with standards that are going to be annunciated by the Court. Very minor change. Mr. Plummer: Did the Court order us to do that? Mr. Lloyd: In effect it has. It's going to affect the outcome of the suit if we don't. The ordinance was then read by title by Mayor Ferre. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 56-135 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF CONFIRMING SUCH SECTION TO THE CURRENT PRACTICE AND PROCEDURE OF THE POLICE DEPARTMENT IN CANCEL- LING OR REVOKING CHAUFFEURS LICENSES; 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; DIS- PENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Reboso, seconded by Reverend 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: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mr. Reboso, seconded by Reverend Gibson adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None , SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8231 At ' Cn 'PREHMS 0 Mr. Andrews: The City of Miami, Hialeah, Dade County are going to be recipients of new manpower funds of a new federal formulatiOA It's my recommendation to the Commission that we continue using the Metro agency but that we play a part in designating where these monies would be spent. The resolution I want to read would authorize me to negotiate a inter -governmental contract with Metro to provide these services. If that can be achieved, then we will become a sponsor ourselves when we receive this money. Mrs. Gordon: Is that Item "F" on the special agenda? We didn't take up Item "A" yet. Mr. Andrews: I thought you had.. Mayor Ferre: Anyway go on. 56. ORDINANCE PROHIBITING• SALE OF GASOLINE BE TEEN. CERTAII1 HOURS An Ordinance entitled - AN ORDINANCE IS CREATED TO COMBAT THE EFFECT Or THE CURRENT GASOLINE SHORTAGE ON TRAFFIC, POLICE, AND FIRE PROTECTION, AND OTHER MATTERS OF PUBLIC HEALTH, SAFETY AND WELFARE WITHIN THE CITY OF MIAMI; PROHIBITING THE SALE OF GASOLINE BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M. AND 4:00 P.M. AND 6:00 P.M. ON WORKING DAYS; PROVIDING PENALTIES FOR VIOLATION HEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THERE OF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION was introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: Mrs. Gordon. -..••••. Commissioner Gordon read the title of the proposed ordinance into the record. Rev. Gibson: What does this do? Are you going to pay these people? Do those people have a vote? Mr. Plummer: No Sir, there is nothing that provides that in this. Mrs. Gordon: Yes, everything is provided for in the amendment. They don't vote. Only if they sit in the empty seat. Mayor Ferre: They don't get any money and they don't vote unless there is an absent person and they get to sit. Mr. Acton: Mr. Mayor, that is incorrect. THere are some modifications that have to be made in this ordinance and I do think that the Commission should give some consideration to the ordinance rather than just passing it as it is. 9C! FE8 19 Mrs. Gordon: Well ► this would only be on first reading anyway and it has to brought up again eo therefore we could bring it up in detail at the second reading. Mr. Simpson: dust this afternoon, we discovered some conflict between what was proposed and the ordinance as it was originally prepared by Dr. Bartley which provided for alternates. I don't have that, Mr. Whipple was checking. Mrs. Gordon: I know. I have it here. Mayor Ferre: To express my opinion. I am against somebody sitting and getting paid without sitting there and voting. Now if he is sitting and voting, then I don't mind the man or woman being paid. Mr. Simpson: The original proposal by Dr. Bartley was that the people would sit during public hearings and they could just enter into discussion but could only vote if there was a conflict of interest by one of the members of the Board or in the event of the absence of a member of a Board. Mr. Acton: Mr. Mayor, Dr. Bartley did recommend that these alternate members be paid. Mayor Ferre: Well I'm against that. Mrs. Gordon: Well let me explain something Mr. Mayor. Mr. Plummer: One thing that has to be remembered. This Commission turned it down before. Mayor Ferre: I remember that. The point is if we are going to have -- Mrs. Gordon: There is a real need for it in case you don't know that, but there is. The real need is that especially on the Zoning Board. The Zoning Board as you know now is enabled to be a final authority and also that an applicant is permitted to defer his item and logically, an entire agenda could be deferred if in fact a member had to be absent so therefore, to prevent this kind of thing happening and a backlog building up, it's necessary and especially in the Zoning Board to have some backup members. As far as the amount of money its costing, I want to remind you again that the Board members are only receiving $100 per month. Pass it on first reading subject to amendment on second reading. I would like to move this. Rev. Gibson: Second. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8195 BY PRO- VIDING FOR THE APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE PLANNING ADVISORY BOARD AND TWO ALTERNATE MEMBERS TO THE ZONING BOARD OF THE CITY OF MIAMI- AND PROVIDING FOR A SEVERABILITY CLAUSE was introduced by Mrs. Gordon, seconded by Reverend Gibson and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Mrs. Gordon: I think it would be advisable for Mr. Acton to send copies of why'•this is beneficial to the City to each member of the Commission. Mr. Acton: I will be glad to do that. • JlY will. •7i� iiY iii iiii i f.ii� 4.4a.4111. Mrs4 Gordon: Mr. Mayor, I hate to be repetitious but 1 must. I understand the City of Miami has scheduled a Metro -Miami Mayor Ferre: Now on this Metro -Miami Joint Committee. Now we discussed this, this morning. Now what is the will of this Commission? Mrs. Gordon: Mr. Andrews, when is the next meeting scheduled for? Mr. Andrews: The 13th, I believe. Mrs. Gordon: Therefore, Meeting and the next. I therefore move you Mr. Commission be members of it would take place between this Commission Mayor that all of the members of this the Metro -Miami Committee. Mayor Ferre: I want to point out to.you that if we do this, you have to let Metro know right away. I don't want them showing up with three people and we have five people sitting here. Mrs. Gordon: All right, I would say to you, it is of great concern to me that the joint committee is represented by a majority of Commissioners and that at this meeting, there are votes being taken which are policy oriented in nature and I believe that is a violation and I believe that if you transact this motion now, you will avoid any big problems. Otherwise, you will have some very severe problems. Rev. Gibson: Mr. Mayor, I am going to speak against this because of this reason. I don't think you could afford to go to the Metro Commission 5 or 6 months ago and say to them, this is the way we are going to constitute this Committee and then right now, we do differently. This is not good faith. I would rather you keep 3 members of the committee and I would be delighted to withdraw. I don't think this way of operating, no no Rose, I am going to vote my conviction. I don't think this is the way you operate a government. Now if you want to approach them on the advisability of their putting the entire Commission out here, that's fine. Mr. Plummer: It would defeat the purpose of the Committee. Rev. Gibson: Right, and therefore, I serve notice now. Before I would agree to go to that position that you are talking about, I would withdraw. Mrs. Gordon: What I am trying to say is this. If this majority of this Commission attends a public meeting and makes decisions which are policy in nature or makes any kind of, takes any kind of vote, they are in direct violation to the laws of this City. You said this morning that they take a vote and consequently they should not be taking a vote of =any kind. Mr. Plummer: This committee is now empowered nor has it set policy other than a vote to recommend back to its respective Commission's for final approval. Mrs. Gordon: Mr. Plummer, the majority are those who are doing the recommending. Are you saying they are going to recommend at one level, come back here and recommend otherwise? Mr. Plummer: Mrs. Gordon: Mr. Plummer: Yes Ma'am. Oh no, I object. I strenuously object and I - Then why have a committee? Mrs. Gordon: I would like to ask ask you this. To give us a legal to this matter and also to obtain you Mr. Lloyd and I respectfully opinion of your own pertaining an opinion from the attorney- Mayor Ferret Put it on the agenda for the 28th. Mrs. Gordon: -from the attorney held between now and the time thateneral and that no meetings be your opinion comes in that would show that this was not in accord with the intent of our Charter and with the Conflict of Interest, no, the Sunshine Law, that's what I was trying to say. Mr. Lloyd: Jut one thing. I'll have my opinion ready by Februa 28th and I will request it of the Attorney General but I can't guarantee that he will have his ready. Mrs. Gordon: Yes, but I understand there is a meeting scheduled and I would respectfully request that no meetings be held until this is obtained. I will move that in a motion. Mayor Ferre: Don't make it a motion. Well all right, what's the will of the Commission? Do you want to make a motion out of it? Mrs. Gordon: Yes, I would move that in a motion. Rev. Gibson: Mr. Mayor, I want to serve notice on everybody now. If you attempt to do what Rose wants, you have Theodore Gibson withdrawing from that committee right now. I don't think this is the way you treat people. I don't think you can afford to lead the Metro Commission under the assumption that you have X-number of people on a Committee and then turn the whole Commission on it, but before that decision is arrived at, I think you ought to acquaint them and give them an opportunity to stay in the ball game or get out of it. Mayor Ferre: I think you are right Father but I think that we have that opportunity between now and the 28th and I think any Commissioner here has the right to ask for a legal opinion so what Rose is doing is - Mrs. Gordon: I want to remind Father Gibson of another fact. That when this committee was first formed, there was only 2 members of this Commission and I abided by that. Now there are 3 and that is now a majority. You are in direct contrast to what the intent was. Mayor Ferre: I think its a valid argument and I think its perfectly in order to discuss and I have no objections to discussing it except obviously we are not going to arrive at a conclusion today. Mrs. Gordon: Okay, I therefore move that no meetings be held between this Commission and Metro until this matter is resolved at the next meeting. Mayor Ferre: There is a motion about no meetings being held. There is one scheduled on the 13th. What is the will of this Commission -- I don't see that there is anything wrong with that. What have you got on the agenda for the 13th? Mr. Andrews: The agenda is upstairs, I can't remember. Mayor Ferre: I will tell you. Rose, may I recommend this now. I don't think we have to vote on the motion. I think we ought to meet and I don't think we ought to vote on anything and I think you ought to be there if you want to and i think we ought to acquaint the metro people that are there with what's going on and what the reasons are with what Father Gibson was talking about and have an open discussion about it. Okay? Mrs. Gordon: I still request that the Attorney General's opinion be received before that meeting is held. 101 FEB 61974 Mr, Lloyd: Now wait a minute. You will get my opinion but I Can't guarantee the Attorney General Opinion. Ali I can guarantee is that I will ask him. Mayor Ferret Now now Look Paul, will you also let every member of this Commission know what's on the agenda and what time we are meeting so that if they want to be there, they can be there. all right? I think that takes care of that one. 59. NANE, PARK. AFTER. MAYOR. DAVID. T. KENNEDY Mayor Ferre: Every Mayor of the City of Miami has had a park named after him and including some Commissioners like Alice Wainwright and I think Athalie Range. Anyway, it is my opinion that the former Mayor David Kennedy should have named a park after him in the tradition of Steve Clark Park, Bob High Park etc. Asa matter of practicality, Mayor Kennedy was the man most probably. responsible or at least greatly responsible for the Parks for People Bond Issue. It would seem appropriate to me if one of the parks recently created by the City of Miami ought to be named after - my thought is that this park right out here that doesn't have a name, you know the park I am talking about? Mr. Andrews: Yes. Mayor Ferre: I think that would be an appropriate park to name. How has this been done in the past? Have we had public hearings on this or what? Mr. Plummer: Well I really don't think we have to have a public hearing if its an un-named park. Mr. Andrews: No, that's right. Mayor Ferre: That's the point. I am sure there will be a lot of people will be very upset about it and won't like it but that's the way the ball bounces. Rev. Gibson: Mr. Mayor, I am not opposed to it but I would feel better if you didn't say because he was the Mayor - Mayor Ferre: No, I beg your pardon. Rev. Gibson: That might get us in a jam. I would much rather say, in light of the service that the man rendered and nobody could question that. Mayor Ferre: That was exactly the wording if you go back and follow what I said. I said nobody was more responsible for the betterment of the parks than Dave Kennedy. Not because he was the Mayor, but I want to also point out that there has been a tradition in recent years of naming a park after the Mayor. Rev. Gibson: We are going to recognize the man for what he did. Mr. Plummer: Mr. Mayor, a point has just been well taken and I think knowing, and I would prefer that you give Mr. Kennedy the choice. Mr. Crouch brings out the point that the tennis center of Moore Park has not been named. Mr. Andrews: It's a major tennis center. Mr. Plummer: he wants. Mrs. Gordon: I would prefer to give Dave his choice of which one It might be appropriate. He is a tennis buff. Mayor Ferrel I'll tell you that I discussed and I asked him- I did not specifically ask him about the tennis courts in Moore Park because I didn't know about that. Mr. Andrews: He kind of fostered and sponsored that. Rev. Gibson: Mr. Mayor, if you talk about tennis court at Moore Park it dilutes to me. Moore Park has a name. I would rather go on and say to the man, we honor you. Mayor Ferre: Okay, is there a motion? Rev. Gibson: I move. Mrs. Gordon: Second. The following motion was introduced by Reverend Gibson who moved its adoption: MOTION 74-110 A MOTION NAMING THE NEW BAYFRONT PARR AT THE FOOT OF KIRK STREET IN THE COCONUT GROVE AREA THE "DAVID T. KENNEDY PARK" Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 60. AUTHORIZE -MAi1AGER. T0• f1EGOTIATE• 1NTERGfVERAMEAITAL AGREEMEU1 IINIPMER & RELATED. PROGRAM. SERVICES Mr. Andrews: Mr. Mayor, I urgent and I am sorry that Thereupon the City Manager members of the Commission. have something that is really very I have to delay you with it . read the prepared resolution to the The following resolution was introduced by Mrs. Gordon who moved its adoption: iod FEB ' 61974 RESOLUTION NO. 74-111 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO NEGOTIATE AND ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PLANNING AND DELIVERY OF MANPOWER AND RELATED PROGRAM SERVICES; AND, FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO SUBCONTRACT TO IMPLEMENT SAID PROGRAM SUBJECT TO RATIFICATION BY THE CITY COMMISSION; AND, FURTHER, IF FOR ANY REASON AN AGREEMENT CANNOT BE REACHED, THE CITY MANAGER IS AUTHORIZED TO APPLY TO THE DEPARTMENT OF LABOR FOR PRIME SPONSORSHIP BEFORE MARCH 1, 1974 (Here follows body of resolution, omitted here and on file in the City Clerks Office) • Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None ADJOURNMENT: There being no bunther business to come be6one the City Commission, the meeting waa adjourned at: 8:05 O'Ctock P.M. this date. ATTEST: H. D. SOUTHERN City Ctenk RALPH G. ONGIE Aaa.c..atant City C.Cerk MAURICE A. FERRE Mayon 10% FEB • 61974 ©i1Y OF 1ViAMI ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DOCUM ENT MEETING DATE: I N DE FEBRUARY 6, 1974 DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (22 pages) COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT DRUG REHABILITATION CENTERS ZONING STUDY NOTICE OF PUBLIC HEARING -LOCAL IMPROVEMENT N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT H-4371 TABULATION AND REPORT BIDS -POLICE HEAD- QUARTERS AND CRIME PREVENTION FACILITIES BONDS AUTHORIZE VARIOUS OFFICERS OF THE CITY OF MIAMI TO EXECUTE AN ARBITRAGE CERTIFICATE WAIVE RENTAL FEE-MIAMI STADIUM "THE POPE SPEAKS" (OPEN MASS) GRANTING PERMIT -CITY GAS COMPANY -SERVING HASTA RESTAURANT-S.W. 26 TERRACE AND S.W. 37 AVENUE ALLOCATE FUNDS -COVER EXPENSE WESTERN DRAINAGE PROJECT E-30 ALLOCATE FUNDS -COVER EXPENSE MORNINGSIDE PARK POOL -SECURITY FENCING AUTHORIZE THE ISSUANCE OF WASTE COLLECTION LICENSES SUB -GRANT AGREEMENT-DADE COUNTY -CITY EMERGENCY EMPLOYMENT ACT AUTHORIZE DR. STANLEY DUNN-DRAFTING HOUSE POLLUTION CONTROL ORDINANCE WAIVING FEES-FLORIDA GOLDEN GLOVES TOURNAMENT AUTHORIZE PURCHASE -ATLANTIC FERTILIZER COMPANY-MIAMI SPRINGS GOLF COURSE AWARDING BID -CITY WIDE -TREE TRIMMING PRUNING AND REMOVAL SERVICE ACCEPT BID -FROM LEE OFFSET COMPANY - FURNISHING COLOR POSTERS- DEPARTMENT OF PUBLICITY AND TOURISM COMMISSION ACTION_ MOTION R-74-81 R-74-82 R-74-84 R-74-85 R-7.4-86 R-74-87 R-74-88 R-74-89 R-74-90 R-74-91 R-74-92 R-74-93 R-74-94 RETRIEVAL CODE_NO._ 0061 0062 0063 0064 74-81 74-82 74-84 74-85 74-86 74-87 74-88 74-89 74-90 74-91 74-92 74-93 74-94 DOCU.MENT'INDEX CONTINUED �pA661° ITEM NO. DOCUMENT IDENTIFICATION 18 19 20 21 22 23 24 25 26 • 27 28 29 30 31 ° 32 1 33 34 $4,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND -AMENDING • RESOLUTION NO. 41761 AND NO.42483 ACCEPT AFRICAN SQUARE LINEAR PARK PROJECT PUBLIC NOTICE -CHANGE NAME WYNWOOD PARK FOR ROBERTO CLEMENTE PARK ESTABLISH AN OFFICE IN MIAMI-COORDINATION AFFAIRS OF PERSONS OF PUERTO RICAN ORIGIN CONTRACT WITH INDUSTRIAL RELATIONS CENTER UNIVERSITY OF CHICAGO-EXAMINATIONS FOR POLICE DEPARTMENT AMEND ORDINANCE NO.6871-ENTITLED "COMMERCIAL MOTION PICTURES" LICENSED ESTABLISHMENT CITY MIAMI-HEARING CAUSE LICENSE REVOKED • NEWSPAPER PUBLICATION -NOTICE OF SALE OF CERTIFICATES ISSUED BY CITY OF MIAMI CONTRACT WITH LOUIS LAUREDO-SERVICES AS ADMINISTRATIVE ASSISTANT CITY OF MIAMI SETTLEMENT STIPULATION-FLORIDA EAST COAST RAILWAY CO. V. CITY OF MIAMI AND STATE OF FLORIDA CLAIM SETTLEMENT-JOHN GUY PERMIT CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION -INSTALLATION AMUSEMENT RIDING DEVICES PERMIT TO MIAMI EDISON BAND BOOSTE2S- INSTALLATION AMUSEMENT RIDING DEVICES ORDINANCE -REGULATING HOURS SALE OF GASOLINE EMERGENCY ORDINANCE TO COMBAT GASOLINE SHORTAGE ON TRAFFIC, POLICE AND FIRE PROTECTION AMENDING ORDINANCE NO. 8195-APPOINTMENT MEMBERS PLANNING ADVISORY BOARD INTERGOVERNMENTAL AGREEMENT -MANPOWER .PROGRAM SERVICES ACTION CODE Ia._- R-74-95 R-74-98 R-74-100 R-74-101 DENIED • MOTION R-74-104 R-74-105 R-74-106 R-74-107 R-74-108 R-74-109 R-74-111 74-95 74-98 0065 74-100 74-101 0066 0067 74-104 74-105 74-106 74-107 74-108 74-109 0068 0069 0070 74-111