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HomeMy WebLinkAboutCC 1974-02-28 Minutesj tea MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO MOTION TO WAIVE READING OF THE MINUTES OF 1 • PREVIOUS MEWING Cg MAX FRIEDSEN IN BEHALF2. PERSONAL APPEARANCE OF SENIOR CITIZENS IN COCONUT GROVE REPORT ON CITY COUNTY JOINT 3. CITY ATTORNEY COMMITTEE MEMBERSHIP ACTION CHANGE ZONING CLASSIFICATION LOTS 3.4`5 - 4. BLOCK 18 SHORECREST ISTS TO PROFES- ORDINANCE ADDING PULE OF LICENSE TAXES ETC. 5. � SIONAL LIST -SCE PLAT JACKSON MEMORIAL HOSPITAL TRACT 6. ACCEPT ADDITIONS WORK MORNINGSI'OE PARK 7. ACCEPT COMi FENCING - 1973 POOL.-SECQRG LOTS - 20,914 CITY -OWNED PARKIN 8 . ALLOCATE $ LIGHTING 1973 RINA RESTAURANT PARKWAY AUTHORIZE MIAMp'- 1973 9 • DRIVE LIGHTING 000 FOR MATERIAL COSTS - PAYMENT AT STREET INTERSECTIONS TO PERFORM WORK ON 11. AU'iHORIZE.CITY FORCES PARKING LOTS" PROJECT NO. 6152 CITY OWNED LIGHTING INSTALLATION (MIAMI BASEBALL STADIUM) - 1973 ,CLAIM SETTLEMENT NAT HARRISON ASSOCIATES 12. INC. $9,188.99 OF $300•00 TO GREATER MIAMI 13. PROVIDE PAYMENT JAYCEES TO ESTABLISH NETWORK OF YOUTH ADVISORY B S EXTENTIONgOF EMPLOYMENT 14. APPROVE 9 - MONTH OF RAFAEL GARCIA INTERPRET CLERK COMMERCIAL WASTE AUTHORIZE ISSUANCE OFF L & ROSERTO 15. COLLECTION LICENSE TRASH SERVICE ADOPT UNIFORM PETITION FORM FOR COUNTY 16. WIDE PETITIONS MEMBERS TO CITY OF MIAMI APPOINT ADDITIONAL AND COMMITTEE ON ECOLOGY WITH LEAGUE OF CITIES - CONFERENCE AGREEMENTTFUNDING OF "MAN IN 18. CONgEgSD10E OF MAYORS � WASHINGTON SERVICES" FIRST READING ORD. 8232 RES. 74-112 RES. 74-113 RES. 74-114 RES. 74-115 RES. 74-116 RES. 74-117 17--2.1 RES. 74-118 RES. 74-119 RES. 74-120 RES. 74-12 RES. 74- RES. 74 RES. 25. 26. 27. 28. 29. 30. 31. 32. LOU MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA DISCUSSION OF AGENDA ITEM #43-TRANSFER OF FUNDS ETC. RECEIVE SEALED BIDS PROJECT #81-"76" CAPITAL IMPROVEMENT PROGRAM TRACY SANITARY SEWER IMPROVEMENTS SR-5275 C & S REQUEST FOR CONDITIONAL USE LOTS 12,13, BLOCK 1016 BRICKELL ADD AMD (B-113) 888 BRICKELL AVENUE STATUS REPORT: "PLAZA VENETIA" OBJECTIONS TO CONFIRMATION OF PRELIMINARY ASSESSMENT ROLL EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352-C OBJECTIONS TO CONFIRMING ORDERING RESO- LUTION 73-970 N.W. 51 TERRACE ALLEY HIGH- WAY IMPROVEMENT REQUEST FOR CHANGE OF ZONING CLASSIFICATION S 50'LOT 1-HERBERT L. STEVENS SUB 79-94 CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #896,°RIVER COVE" PROPOSED ORDINANCE -HOURS DURING WHICH SALES PROHIBITED-SUNDAY SALES (SALE OF ALCHOLIC BEVERAGES) ORDINANCE -PROVIDE MAXIMUM FEE TO BE CHARGED TO INSTITUTIONS OF ELEEMOSYNARY CHARACTER FOR CHANGE OF ZONING OR VARIANCE OR COMBI- NATION THEREOF PROCLAMATIONS, CERTIFICATES OF APPRECIATION PLACQUES, SCROLLS COCONUT GROVE ART FESTIVAL FUTURE PLANNING FOR TRAFFIC PROBLEMS AND POSSIBLE CLOSURE OF STREETS DURING THE FESTIVAL AMUSEMENT RIDE PERMIT ST. KIERNANS CHURCH APR. 20,21 - 1974 ALLOCATE $22,000 FROM 1972 PARK AND RECRE- ATIONAL BOND FUND FOR LEGAL COUNSEL IN CONNECTION WITH CONDEMNATION OF PROPERTY FOR EXPANSION OF WAINWRIGHT PARK AUTHORIZE AGREEMENT MIAMI PROFESSIONAL S SPORTS LTD.+ MIAMI TOROS SOCCER CLUB FOR SCHEDULED.USE OF ORANGE BOWL ORDINANCE RRSOLUTI RES. 74-125 ;' RES. 74-126 RES. 74-127 FIRST READING RES, 74-128 ORD. 8233 MOT. 74-12 RES . 74-1Q RES. 74- RES. 74 47 48-9 a,l 55--56' 56 56--0 57 57-58 ITEM NO, 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. gx MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT CONFIRM ACTION OF CITY MANAGER AWARD $2,300 CONTRACT FOR DEMOLITION OF BUILDINGS FOR DEVELOPMENT OF FT. DALLAS PARK AUTHORIZE CITY ATTORNEY TO SETTLE CASE JAMES FALLON VS. CITY OF MIAMI DISCUSSION OF FUTURE RECOGNITION OF -THE MIAMI DOLPHINS ALSO INCLUDING HONORING E. SEILER ALTERNATE MEMBERS FOR THE PLANNING ADVIS- ORY BOARD AND ZONING BOARD REPEALING SEC 2-107 CONFLICT OF INTEREST BOARD INCLUDE SOCCER EVENTS UNDER ORANGE BOWL PARKING PERMITS AUTHORIZE $10,000 TRANSFERRED TO BUDGET OF TUE OFFICE OF THE CITY CLERK ADVERTISING EXPENSES ETC. DENY TRANSFER OF $2,300,TO CITY COMMISSION BUDGET FOR SALARY & EQUIPMENT COSTS RATIFY ACTION OF CITY MANAGER SUBMIT APPLI- CATION FOR GRANT NATIONAL ENDOWMENT OF THE ARTS DEVELOPMENT PLAN FOR THE MIAMI RIVER NEGOTIATE WITH DR. J. TOOMER AND JOSEFINA SANCHEZ PANDO FOR ONE YEAR CONTRACT TO CONDUCT PROF. SERVICES -TESTING AND RECRUITMENT FEDERAL GRANT APPLICATION DEVELOPMENT OF COMPREHENSIVE SYSTEM OF PROGRAM MANAGEMENT TECHNIQUES: DISCUSSION OF PROPOSAL TO AMEND SCOPE OF SERVICES WITH BOOZ, ALLEN AND HAMILTON TO INCORPORATE ADD. WORK ELEMENT FOR DATA PROCESSING AUTHORIZE LEASE AGREEMENT ANTONIO MOLINA FOR MIAMI SPRINGS GOLF COURSE CLUBHOUSE FOOD AND BEVERAGE CONCESSION AWARD BID - MOWING AND LAWN EQUIPMENT AWARD BID - 32 TRASH CONTAINERS DISCUSSION OF PURCHASE OF TRANSCEIVERS FOR THE POLICE DEPARTMENT - DEFERRED CONSID- ERATION ORDINANCE RESOLUTION RES. 74-133 RES. 74-134 ORD. 8234 ORD. 8235 ORD. 8236 RES. 74-135 RES. 74-137 RES. 74-138 MOT. 74-139 RES. 74-140 RES. 74-141 RES. 74-142 RES. 74-143..., I MINUTES OF REGULAR MEETING CITY MISSION OF MIAMI, FLORIDA 49. 50. 51. 52. 53. ITEM NO SUBJECT RESOLUUTTION PERSONAL APPEARANCE ARTHUR ETTINGER PERSONAL APPEARANCE STEPHEN LUBOW - METHOD USED BY CITY INSTALLING AND MAINTAINING STREET LIGHTS PERSONAL APPEARANCE, F.H. RUSSELL DADE EMPLOY THE HANDICAPPED COMMITTEE TO DISCUSS ARCHITECTURAL BARRIERS PERSONAL APPEARANCE HENRY PINO, PILOT EMERGENCY MASS TRANSIT PLAN PERSONAL APPEARANCE ATTORNEY JACK RICE IN BEHALF OF FORMER CITY MANAGER M.L. REESE IN MOT. 74-144 REGARD TO SEPARATION PAY MOT. 74-145 54. 1 SELECTION OF BOARD MEMBERS PUBLIC & PRIVATE AGENCIES RECEIVING FEDERAL REVENUE SHARING FUNDS, DISCUSSION & TEMP. DEFERRED PERSONAL APPEARANCE MR. RICHARDS REGARDING PLUMBING INSPECTORS 55. 56. 57. 58. 59. 60. 61. 62.. 63. 64. CONVERSION OF COCONUT GROVE INCINERATOR INTO A PUBLIC PARK NOMINATION OF APPOINTEES TO STATE OF FLORIDA REGIONAL MONPOWER PLANNING BOARD MOT. 74-147 APPOINTMENT OF MEMBERS TO CULTURAL ARTS ADVISORY COMMITTEE MOT. 74-148 MOT. 74-146* APPOINT COMMISSIONER REBOSO TO BOARD OF DIRECTORS'OF THE GREATER MIAMI TRAFFIC ASSN. MOT. 74-149 SELECTION. OF BOARD MEMBERS PUBLIC & PRIVATE AGENCIES RECEIVING FEDERAL REVENUE SHARING FUNDS MOT. 74-150 PROVIDE NEW EFFECTIVE DATE BLOOD PLASMA DONORS ORDINANCE ORD. 8237 CONFIRM ACTION OF CITY MANAGER PAYMENT OF $950,000 EMINENT DOMAIN LITIGATION ALLOCATIN $1,175,000 TO COVER COSTS OF ACQUISITION RES. 74-151 APPROVE CONTRACT BETWEEN UNIVERSITY OF MIAMI SCHOOL OF MEDICINE -PHYSICIAN FOR MIAMI FIRE DEPT. RESCUE UNIT RES. 74-152 REAFFIRM POLICY OF THE CITY COMMISSION TO PROCEED WITH DEVELOPMENT OF SEWAGE DISPOSAL FACILITIES ON VIRGINIA KEY ALSO REQUESTING SEPARATION OF THREE DISTRICT PLAN RES. 74-153 65 67-�►7 70--7 74--8 82 --8 r' 83--8 86--5 96-- 98-1 100 100 s • EX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT 65. AUTHORIZE SUBORDINATION OP CITY PROPERTY IN SPORTSMAN'S PARK ORANGE BOWL COMMITTEE WAREHOUSE ADDITION 66. DISCUSSIONMETRO-DADE COUNTY IMPROVEMENT PROGRAM IN COCONUT GROVE-(C.I.P. PROGRAM) 67. REQUIRING SECONDS TO MOTIONS -CITY COMMISSION POLICY: 67.a. C.I.P. PROGRAM IN COCONUT GROVE (CONT'D) 68. MOTION OFFICIALLY DENYING CHANGE OF HOURS OF SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS FOR BARS 69. DESIGNATE CITY MANAGER AND MAYOR TO GOVERNMENT CENTER FINANCING COMMITTEE 70. PROPOSED RESOLUTION TO HIRE STEVE WYNN AS LEGISLATIVE REPRESENTATIVE IN TALLAHASSEE 71. NAME BOXING GYM IN COCONUT GROVE THE ELIZABETH VIRRICK BOXING GYMNASIUM 72. DISCUJSSION ITEM LIGHTING IN PARK AT FOOT OF KIRK STREET 73. STATUS REPORT ON NEGOTIATION PROGRESS WITH UNIVERSITY OF CHICAGO FOR POLICE TESTING CONSULTANTS 74. CITY ATTORNEY REPORT ON STATUS OUT OF COURT SETTLEMENT LITIGATION OF ST. JOE PAPER CO. F.E.C.R.R. PROPERTY 75. AWARD BID -FERTILIZER 76. CITY COMMISSION PROCEDURE POLICY -REQUIRING SECONDS TO MOTIONS: 77. APPOINT HAZEL BROWN TO BOARD OF TRUSTEES OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN 78. ORANGE BOWL PROGRESS REPORT 79. CONSULTANTS PRESENTATIONS MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT PLAN 80. ARCHITECT AND STANFORD RESEARCH INSTITUTE PROGRESS REPORT ON MIAMI MODERN POLICE FACILITIES 81. DISCUSSION•ON HIRING OF BI-LINGUAL RECEPTION- IST FOR CITY COMMISSION OFFICES ORD I NANCE OR RESOLUTION liil RES. 74-154 MOT. 74-155 MOT. 74-156 r 108 112 MOT. 74-157 12 MOT. 74-158 '13 MOT. 74-159 '13 13 MOT. 74-160 '14-111= 18 RES. 74-161 a. 18 RES. 74-162 19 MOT. 74-163 19 19-1 MOT. 74-164 20 34 63 i MINUTES OF REGULAR MEETING OF THE • CITY,COMMISSION.,OF MIAMI. FLORIDA 0n the 28th day o6 Febxuany, 1914, the City CommL44ton 06 Ftoir i da met at .it4 hegutak meeting peace ,in 4 aid City in Regutax Se44ton. The meeting cua4 ca.tted to ondex at 9 : 00 0' Ctock A.M. by Mayox Mauxice Fenxe with the 6ottowing memben4 0 6 the CommJ44iOn Sound to 6e pxe4ent: A.t4 o phe4 ent : Commi44Loneh Ro&e Goxdon Commi.44,ionex J. L. Ptummen Comm.i44Lonen Mano.to Re6o4o Commi44.ione4 Rev. Theodore G.ib4 on Mayon Maukice A. Fente. P. W. Andnew4, City Manager John S. Lloyd, City Attorney H. 0. Southern, Clay Ctenk Ralph G. Ongie, A44,L4tant City Ctenk An invocation wa4 detivened by Reuexend Gibson who then led tho4 a pre4 ent in a pledge o 6 atteg.i.ance to the 6tag. 1, MOTION TO WAIVE READING OF THE MINUTES OF PREVIOUS MEE1ING On the motion of Rev. Gibson, seconded by Mr. Reboso, it was unanimously agreed to waive the reading of the minutes of the pre- vious meeting. PFRSONAL APPEARANCE. MAX FRIEDSEN EN BEHALF OF SENIOR CITIZENS IN COCONUT GROVE Mayor Ferre: Now before we take up Item #3, we have with us today Mr. Max Friedsen and a group of senior citizens of Coconut Grove and at this time I will recognize you, Mr. Friedsen. Mr. Friedsen: My name is Max Friedsen. I'm President of the Congress of Senior Citizens. Ladies and gentlemen, I'm here in behalf of the elderly people that are now meeting and enjoying the little building over at the Elizabeth Virrick Park. It seems to me that another group of people who we are naturally very much in favor of, but we are in favor of them not moving in here, but that the City should find another place for them to be able to do the job more efficiently with more space than they have there, and to allow the space that is originally intended for the elderly to be used by the elderly for various purposes that they are doing now and maybe even increase the services that you know are needed so badly. Namely, a lunch program, a referal and information bureau, a home care center, and there are so many things, and I am so keenly interested in seeing to it that the elderly should have the space and the ability to be �, 2/28/74 _ 1e able to do some of these things, and this move by these peop there, who I would like to see in the area, but not in the same place, should be, should have the space so that they can help themselves. One of my main objections has always been -- it's not what the older of any especial agency or governmental can de for the elderly:people,,it's what the elderly people can do for'. themselves. And if the) are trying, through the mental acts of Smith and Russell and a few other fine people there, if they are trying to do something for themselves, I am sure, that you good people here will see to it that they should continue to do so without being hampered for space. Space is very important and we had a meeting yesterday, and we found that space was the most important thing.that we were talking about. That subject we will discuss with you some other time, but at this time I am asking you and pleading with you to let these elderly people have the space, to use it as they feel it is necessary for them to expand their program, which they are trying to do with the leadership that they have there today, and I want to thank you very so much, and all of you stay well. Mrs. Gordon: Mr. Andrews, May I ask a question, because I sent a memorandum through regarding this subject, and I don't believe we've had a reply to it. Mr. Andrews: We have been meeting with the, had at least one meeting with the senior citizens, with the peer group, and with the move group. Move is an abbreviation of a group and an organization to try to help with education, with employment opportunity for the young people in the Grove. We have been meeting with these three groups which would have utilized the facility to try to resolve a way of operating in the facility until October. The County has committed that in October, the facility on Douglas Road will be available so that the Peer and the Move Groups can utilize that facility and then that separation between the senior citizens and the younger people and their act- ivities would be carried on in two different buildings. Hope- fully, this will work now, and if the senior citizens will be patient and the Peer Group and the Move Group will be patient, I think this problem will be resolved come this October. Mr. Plummer: Can we resolve it before this October? Rev. Gibson: Mr. Mayor. Mayor Ferre: Father Gibson. Rev. Gibson: I talked with Mr. Andrews about that and I talked with some of the senior citizens and some of the young people. Now I would have this commission to understand that we are in a bind either way. These young people don't need to be on the street out there by themselves, and in the meantime, these senior citizens don't need to be pestered with them. Now it would appear to me that since we are in the bind Max, about where to go and.what to do, if they were not in there, we could easily take the position that - "We don't want you there." Unfortunately, they are there and the County has indicated through some responsible source, that as Mr. Andrews indicated to you, I don't like their timing, however, and I think that maybe if the City would write a very polite letter. I don't know how you do that Rose, women are more apt in that than men. Mrs. Gordon: We might help them find another place, Father. By the program. Rev. Gibson: But Rose, let me tell you something, what you are saying here sounds beautiful. They may well have to find another place, but it isn't that easy. I'll defer to you. I thought I was going to settle it, but I'm going to defer to you. 2/28/74 11/ Mrs. Gordon: You' an to keep them on the Bathe. premises Father' and just work harroniouwly together, or to move them out of the What is your beet idea? Rev, Gibson: I've given my opinion, I'm going to let you give it. I'm in the situation, I live there daily, Some people just come occasionally when there is a meeting or some problem, and I what I'm saying to you is; it isn't as easy as we want to believe. Mr. Friedsen: But Father Gibson, we don't have many tomorrows. We have just a few todays and if you continue to lay this over, depriving the elderly people of their rights to live a peaceful and dignified life, I think it is wrong. Rev. Gibson: Max, that's not the point. You know, you see those young people out there? 'Those young People are the children or the grandchildren of some of these people or their friends. Mr. Friedsen: I agree. Rev. Gibson: And I don't think we ought to be unmindful of that. Now my first reaction was to kick them out of there, but you know what? I found out that I wasn't going to solve the problem, we're going to just drive them out on the street and pandemonium is going to break out in Coconut Grove. Mr. Friedsen: No, we can find another place for them and I am sure that will be the answer. Rev. Gibson: All right Max, I'll tell you what you do. If you can find the place, I'll be the first to endorse it. Mr. Friedsen: I'm sure that the Park Department and also your other officials of the City of Miami can with a determined effort find another place for them, and I am sure that the commission here should vote the same way as I am recommending. Rev. Gibson: But Max, let me say this. I happen to be one of the guys that has to vote. I want to say that. I happen to be one of the guys that has to vote, and I know the problems out there, and if I don't tell the City what that problem is like I will be derelict in my duty. Mr. Friedsen: I agree. Mr. Andrews: Mr. Mayor, and members of the commission. We have a situation here where we have three organizations, very good organizations, and particularly the Move and Peer Group are doing an excellent job in the community as far as halping young people, and I want to compliment them. But there is an area of incompatibility here. And everyone recognizes that, but I think that everyone has to be a little patient until we solve the pro- blem. And we recognize the problem and we will work with the three groups in attempting to solve this rye tter and at the longest, there is an indication that the longest time would be October. If we can solve the problem sooner than that time, we will do so. Mr. Gordon: Mr. Andrews, why October? Why so long? Mr. Andrews: Because the facility on Douglas Road then will be available by that date and the other younger groups can be accomodated in that building. Mrs. Gordon: I've seen a number of vacant stores in that vacinjty that could be utilized on a temporary basis. Why can't we negotiate for one of those? 3 2/28/74 Mr. Andrews: l'm of saying that that is not "a solution I'r saying • saying that at the longest it would be October, and I said we would try to find other solutions at a sooner date. Mayor perre: Mr. Andrews, here is the way we are going to leaVe this now, because we are not going to solve this today. Max, and ladies and gentlemen, I recognize your problem and your con" cern and what it basically is, and stop me if I'm saying some- thing wrong is, that there are several groups that are using that facility. There is a conflict of space and perhaps approach: and some people that are here today might feel somewhat un- comfortable because of the variety of activities that are going on. Am I saying it right? Mr. Priedsen: You're right. Mr. Mayor, may I interrupt you for just a second? We cannot improve the services to the elderly under these conditions. The elderly did not receive any lunch programs, they didn't receive anything from the Division of Aging, of which I am a member, and I'm here to notify you of that. Mayor Ferre: Max, the problem 13, there are other citizens that have needs who also are using that space, Now it would be wrong on this commission, although it would be satisfying to be able to say to you , ok, we solved your problems, but we just can't unilateraly, which is what it would be, or arbitrarily if you want, today solve the problem by saying •Ok, Senior. Citizens, you have the space and the youth groups are going to have to move out." We just can't do that today. What I would like to do is, I would like to ask the Manager that with the maximum amount of haste that he look into the differnet possib- ilities, cause there might more than one of solving this problem. You know what the problem is now and bring it back to the commission, perhaps in the next meeting or the March 28th meeting. Saying look, here is what the problem is, here is how many people we have, here are the activity days, and here is maybe a possible solution, or if you find no solution, then come back and tell us there is no solution till October and then we will have to take it up at that time. Rev. Gibson: Mr. Mayor. One other thing. Max, this is what I was trying, hoping we would do. Those young people out there could be of tremendous service to those senior citizens. You know, I see some of you who are my members. I didn't want to say that, but you know, I have a mother who is 80 years of age. You know what I have discovered? It has taken her to become 80 years of age. for me to understand, I think more fully senior citizens. Whether these young people are in the Park or not, there are some problems connected with that park. Mrs. Cash, I know I can talk with you. You know what? You know what I believe? You could beseech these young people for the time you are trying to work out this business to help protect those senior citizens because whether they stay or whether they go --some problems are yet in that park and you .could then put the heat on these young people tobe more concerned about what is happening. Do you aee what I'm talking about, Max? And then what would happen in a short time, we would get some things done, plus let me say this, the one stop governmental center is Theodore Gibson's idea. I was the originator. What we need to do, the senior citizens, need to be concerned about is, the senior citizens need to put some heat on the County, because that building has been sitting up there, owned by H.U.D. for an awful long time, and H. U. D. has been dragging its feet. Not H.U.D., the County Manager's Office has been dragging its feet about what to do with that building. Mrs. Gordon: Mr. Mayor. May I ask you if you would permit me to search for a suitable other location and report back to you at the next meeting. I have some experience in the real estate ...... 4 2/28/74 field}and t beliet t Can lend you thie exper iae on a volunta basis. Mayor Pierre: I°understand, but that falls within the perogative of the Manager, and I am sure you don't want to take his positiOn4 Mrs. Gordon: I am asking through you to the manager. Mayor Ferre: 1 am sure that the Manager would welcome your assistance and help. Mr. Andrews: Mr. Mayor, I would like to do this on our own and work with these people. We have met with them three times as groups and senior citizens, and these people, and I would like to have the priviledge of working with them to try to solve this. And, if I can't solve it, I will come back. Mrs. Gordon: Mr. Manager, in your consultations with them, are you also bearing in mind that you might not be able to mix oil and vinegar and, start looking for another location for each one, would you? Are you going to be doing this? Or is it simply a matter of trying to say "Look, live harmoniously together, etc., etc.". Mr. Andrews: No, we will try to find separate facilities. Mayor Ferre: He is going to be reporting back. Mrs. Gordon: Ok, if you want my assistance, I will be glad to help you. Mayor Ferre: Thank you Mrs. Gordon. Thank you.' Yes, ma'am. Esther Mae Armbruster: My name is Esther Mae Armbruster. I'm secretary of the Senior Citizens. I have been for the past nine years. I am also a member of H.U.D., project urban committee. I'm also a member of the Housing task force committee. The building that you are speaking of at 3188 --The H.U.D., will not be ready before December 31, 1974. Now there is an existing building, part of that building that was used for a drug store. That building, that particular part is just the same size as the part that the young children are using on the park. Now in the meantime, I have teenagers, I think the drug program is beauti- ful. But that particular part of the building on Douglas Road could suffice until the building is ready in December. It will not be ready before that time, October is out. Mayor Ferre: All right, the Manager will take all of that into consideration in his investigations and report. Do you want to speak on this subject? Mr. George Symonette: My name is George Symonette, a very much concerned citizen of my community. I have lived there thirty- one years, and I am a businessman also. I feel that these young people are doing a tremendous job, and I hate to see that they are being driven from this place into that place. I feel that the most essential need in the community is a drug pro- gram. Now all these other programs that exist, I feel they are not the most essential need. I feel that the most essential need is the drug program. This is why old people and tourists, and everybody else are afraid to walk the streets. Now Mr. Selt and Mr. Scott came and talked to me, they cane to my busi- ness before they got started and they told me what the program was going to be consisting of and to me, they are doing just what they said they were going to do. They selected, in fact, they screened ten young people out of approximately thirty to do the job. And the job is being done. 5 2/28V74 Mrs. Gordon: t nk there is a misundersta ing. We don't to halt the progri�[n in any way. We want it to continue. Mr. Symonette: I feel that that particular portion of that ',:►wilding was not used at that time, now they want to extend. Hut that portion of the building was not used and I feel that the most essential need in my community is a drug program and there is nothing wrong in having it right there. Mrs. Gordon: We agree you need a drug program, I agree one hundred percent, but I believe that we can serve the drug pro- gram maybe more efficiently if we have the proper facilities. Therefore, that is my reason. Also, we do not have to interfere with another very wonderful program. We want both programs, we don't want to sacrifice one for the other or one is more important than the other. They are both important and I want to help, that'll why I'm speaking up, I don't want to hurt. Mayor Ferre: Let me assure you, Mr. Symonette that everyone on this commission wants to help, and that we are all conscious. Nobody here is going to permit a good program to be killed or scuffled, or put on the side. And nothing is happening today, we are just asking the Manager to investigate this, which is his:job, and he is going to come back and tell us what he thinks ought to be done, and then we are going to discuss it again. And at that time, we would be happy to listen and hear from you. You have our assurance, `all of us here on this commission, that • nothing is going to be bone until we have a full investigation, and afull discussion, and we are not going to in any way at any time kill one program to help another one. I think Max Friedsen of all people who is one of the most conscientious citizens that we have in this community is the first one that is going to stand up for proper programs for all of the cit- iaens of this community. He's not against youth. He's out protecting the senior citizens. That's what he is mainly interested in, but that doesn't mean that he is against youth. It just means that he wants to protect the senior citizens. Now you are interested in the youth program and you have strong feelings. And I am just assuring you, that we are not taking sides here today. Ok? That's all you want to be assured of today. Nothing.is going to happen to the program, ok? We will be talking about it again in the future. Mr. Plummer: Mr. Mayor, may I offer a suggestion because I hate to see these people go away from here saying, well hell, we have been sluffed off again. Can we make it a definite thing that on the 14th of March we will give them an answer? Mayor Ferre: I already have. I said the 14th or the 28th. Mr. Manager, can you do it by the 14th? Mrs. Gordon: Also Mr. Manager,will you look and see if you have a portablebuilding that you can put in that park location? Mayor Ferre: That's what he is going to look into. Mr. Plummer: It's going to behoove him if we put a deadline on him of the 14th of March that he's got to come up with the answers, but don't let these people leave here thinking its going to ba--- 3., Mayor Ferre: Now take up Item 3. City -County Joint Action Com- mittee -City Attorneyss Opinion as to membership. Mr. Attorne y. 6 FEB 2 81974 411 Mr. 3bhn S. Lloyd, City Attorney. Well, the question was as whether or not a committee of three members of the City ComMia ion, acting as a joint committee with members of the County Commission could in a meeting bind the City Commission ae to policy matters by their action. The answer is in the negative, because it is not a duly held meeting -- -- according to the charter and ordinances of the City of Miami. That's the opinion in a nut shell. Mr. Gordon: I have some comments to make, and I would like to bring this to the table right now. On June 12th according to my mimeographed copy of an opinion that was issued by our law department, the direct opposite opinion was issued to the same question. Now will you explain to me, how the same issue can have two directly different answers,Mr. Lloyd? Mr. Plummer: I can answer that Rose. Mrs. Gordon: I asked Mr. Lloyd, if you don't mind. Mr. Plummer: Mr. Lloyd wasn't there, and I was. Mayor Ferre: All right, let's first hear from the City Attorney and from Commissioner Plummer. Mr. Lloyd: Well, I have not seen the opinion of June 12th, 1973. I can't find any such opinion. I've asked Mr. Rothstein if he knows of any such opinion. Mrs. Gordon: I would be very happy to read this to you in its entirety no that the records clearly reflect the directly opposite point of view of what you have just now stated. Mayor Ferre: Who is that opinion assigned by? Mrs. Gordon: Mr. Rothstein, the attorney and Mr. Harris Turner affixed his signature under Mr. Rothstein's direction, in reply to your memorandum, and this is addressed to you, Mr. Mayor. You were the Interim Mayor at that time. In reply to your memorandum wherein you state the following: "Recently, as you are undoubtedly aware, the Metro Mayor, Jack Orr and I created a committee to work for a better understanding and cooperation in government. I would like to know if I may appoint three members of the Miami City Commission to this committee. I am aware of the possibility that the three members of the City Commission would constitute a quorum. There are presently three members of the City Commission who have volunteered to serve on the committee, but before I make the appointment, I would like a legal opinion on this matter." My answer is as follows; and this is the Law Department's answer. "Persuant to the Section 4G of the Charter of the City of Miami, you have the authority to appoint members of the Miami City Commission to a committee to work for a better understanding and cooperation in government. I am of course, aware that part of what will be considered by the committee will be various functions of governmental operat- ion and which governmental bodies shall carry them forward and all the ramifications necessary arising out of such considerations. Under the Provisions of Florida Statute 286.011, The Sunshine Law, all meetings of this committee should be open to the public at all times. The Sunshine Law has a broad affect in this interpretation and therefore, the membership of this committee should be limited to no more than two members of the Miami City Commission. It is a violation of the Sunshine Law for actions and decisions to be made by commissioners in con- cert concerning public issues other than at a regularly sched- uled and regularly noticed City Commission Meetingheld in open view of the public and for public discussion. It is obvious, 7 2/28/74 • • that if a majority of the City Commission were sitting as a committee in certain areas, that deter urination as a committee Mild easily be con8tru- as a violation of The Sunshine Law, Sinoe any actions and determination and decisions taken by the COmMiteion Members as members of the eo rmittee would not be at an open City Commission Meeting, where citizens of the City of Miami had a right to observe, appear, and if appropriate be heard in the decision flaking process. Explain that one, please. Mayor Ferre: All right, Mr. Lloyd. Mr. Lloyd: Yes, one thing has nothing to do with the other. That one is on whether a meeting is in violation of The Sun- shine Law. This opinion is of whether or not three members in a meeting can bind the City Commission if it is not a formal meeting. Mrs. Gordon: asked on June commission to Then I charge you to answer the question that was 12th. Is it a violation for three members of this meet and make decisions. Mr. Lloyd: If it is not in an open public meeting, Yes. It is in violation of the Sunshine Law, of course. And this is not the same question as the previous opinion. Mrs. Gordon: I -ask you the same question that was asked by the Mayor on June 12th. I ask you to answer that question. Mayor Ferre: Mr. Lloyd, if you will then address yourself to that then I will recognize commissioner Plummer, and I don't want any interruptions, please. Go ahead, Mr. Lloyd. Mr. Lloyd: It is going to take a little time. Mayor-Ferre: You take the time. And please, no interruptions. Mr. Plummer:. A point of personal priviledge. Mayor Ferre: All right, Commissioner Plummer on a point of personal priviledge. Mr. Plummer: Mr. Mayor, I take exception with one point that Mrs. Gordon made, and I think it has to be addredsed in Mr. Lloyd's answer. There has never been, since I have been a member of this committee, any decision made. There have been recommendations made back to our respective commissions but never has this committee made a decision. I think Mr. Lloyd has to speak to that in the answer. Mayor Ferre: A11 right, thank you. Mr. Lloyd: In the first place, let me state this. Through you, Mr. Mayor, to Mrs. Gordon. I sent Mrs. Gordon before writing this opinion, a question which I understood she wanted answered, with respect with the sunshine law, along with a proposed set of facts which I understood was to be the case. Mrs. Gordon called me back and said this is not the question I want answered, and recited to me the question over the phone. The question I proposed was a question somewhat similar to the question in that opinion. Is it a violation of the Sunshine Law for a number of members of the City Commission to meet, not in a formal meeting. Mrs. Gordon informed me that that wasn't the question that was desired to be answered. Mrs. Gordon: Would you have answered it differently? 2/28/74 V fir. Lloyd: Now, want to pfully explainul iy about the Sunshine Law. The Sunshine Law is a statute, being a section of Chapter 286 of the Florida Statutes, which says that basically speaking, that no body shall get together to arrive at a decision unless it is an open public meeting. There are a number of decisions follower ing, by the Supreme Court, which make it apparent that the Supreme Court of the State of Florida feels, that steps in the decision making process by committee members must be open meet- ings because they are steps in the decision making process. There is a recent case to this fact So therefore,.any meet- ing of commissioners which is a step in the decision making process must be an open public meeting. This means that the meeting must open not only to the press, but to the public as well. But aslong as the meeting is open to the press and the public, any number of commissioners may get together regardless whether it is one, two, or the entire commission, it makes no difference as to the number. Conversely, if a number of commissioners get together in secret to establish a policy decision, which is later to be arrived at at the City Commission Meeting, this is contrary to the Sunshine Law, and in essence, this is what Mr. Rothstein is saying, and this is what I am saying. But the point of this particular matter is that this was not the question which was asked of me to decide in this particular opinion. The question is different The question was whether or not a quorum of City Commission members meeting in a meeting, not a duly held meeting a joint meeting may bind the City Commission That's not the same question as the violation of the Sunshine Law. That's an entirely different question, it has nothing to do with the opinion of Mr. Roth- stein. Mayor Ferre: As I stated in the beginning of all of this dis- cussion, you were going to ask a question, Mr. Lloyd was going to give you an answer, Are you finished? All right, now I am going to recognize Plummer who asked to be recognized and then I'm going to go back to you, and then I'm going to make a comment. Mr. Plummer: Mr. Mayor, I'm not going to be repetitious. I just would like to state what I stated here, I stated it at the meeting. This was formed as a committee, the same way that the legislature has committees to work out problems before they come... I think that's the purpose of a committee, and if we are going to have the full commission, well then let's just have the full Commission Meetings. This was to explore, to try to work out problems for the benefit of everyone in the form of a committee. I thought very strongly on that at that time. I still do now. If it is the wish of this Commission, and the wish of the Metro Commission that we hold joint Meetings, well that is a different subject in my idea. Mrs. Gordon: Mr. Plummer, you are right in this regard. A committee is not a majority of this commission. If it were just you and Father Gibson, that's just fine but as soon as the Mayor entered the picture it became a majority of this commission, and it's wrong. I believe Mr. Rothstein's opinion is correct, I didn't argue the point when it was delivered, I thought it was proper and fitting that a committee shoule not be a majority of this commission. And if it is going to be in fact a majority, it should be the entire commission. I therefore, repeat again, from your own --I'll read to you from your statement at the joint meeting. You said, "Such as the legislature to thrash things out and then bring them back to the respective commissions for approval." Fine. But when a majority of people are thrashing things out and bringing them back for approval, you cannot dis- pute the fact that technically, the approval has already been made. Mr. Plummer: Mrs. 'Gordon, I can argue the point, but obviously 9 2/28/74 you don't want to1isten Now 1 have said it before, and I will say it again, and we have been priviledged to have you present at many of these meetings. There has never been a decision made at any of these meetings other than let's look into this area, or this area, or this area.That's the kind of decisions that have been made. Once again, Mr. Mayor, I tried to make this an,easy situation before, I will proffer it again today, the letter is still upstairs, I will be more than happy to resign from the committee and let Mrs. Gordon become a mem- ber, I don't need any more meetings to attend. Mr. Gordon: Mr. Plummer, I read that very well in here and I recognize also some undertones in this entire copy of the minutes of that meeting Certainly, i don't want to replace you on the commission. I haven't the slightest intention of replacing you or Father Gibson or the Mayor. I just want this commission to be acting in good faith, and I believe it is not acting in good faith. Mr. Plummer: Well, you're entitled to your opinion. Mra. Gordon: I believe that the opinion that came out of the Law Department, I hate to say this, but sometimes I have to say things like this, was based upon a majority desire. Mayor Ferre: All right, now here is what I think we are going to do on this. With regards to conflicting, or potentially conflicting opinions of law, as I understand, the questions that were asked were different. Now furthermore, I think as we all know in matters of law, that there are always varying degrees of opinions, that's why in the Supreme Court we continually have splits in our highest court where the top attorneys of the nation, which is the Supreme Court, are making decisions and they don't always agree. Now there may be a way of interpreting this. I think that from the intent of this, what Commissioner Gordon is saying is that in a legislative committee, committees function not as a committee as a whole, but as select committees which do not represent the majority of the legislative body, and even though I am not an attorney, I could see where if a committee were representing more than fifty per cent of the legislative body, it could be construed as a conflict with the remaining members of the body that are not a part of that committee. I can understand the logic of that. I really think, Mr. Lloyd, that the simplest way of solving all this problem... The way this problem was created was, when Jack Orr wanted to become a member of this committee and asked me to become a member and therefore, we ended up with three. The committee was func- tioning well before, and I really don't think that I have added anything to it: So I am going to today resign from the committee and that committee will then be a committee of two as it was originally intended, of Father Gibson and Commissioner J.L. Plummer. Mrs. Gordon: I think that's a very wise solution, Mr. Mayor. Mayor Ferre: At this point, I resign from the committee, and it leaves the two of you. Now I have the prerogative to do that, Mr. Plummer, I will request you respectfully, to continue serving on that committee along with Father Gibson, because I think the committee is more important than any one individual. Now I will tell you that based on the ruling of Mr. Lloyd, I intend to be present at all of the committee meetings. Mrs. Gordon: I will too, Mr. Mayor, under the circumstances. Mr. Plummer: Mr. Mayor, I have no ...So the record will be straight, Mr. Mayor, I will be more than happy to continue to 1U 2/28/74 • 410 serve but there h; are more than two members of the City delegati�i and 2 want the record to be clear, that Mrs. Alice Wainwright was appointed by this con ission ... Mts. Gordon: That's not the same thing J.L. that's not a member of the commission. Mayor Ferre: There are three, and it remains the way it was created in May of last year. Father Gibson, J.L. Plummer are on that committee, along with Mrs. Alice Wainwright representing the City. And I will attend the meetings as an ad:hcc member of the committee. Rev. Gibson: Mr. Mayor. Now I keep saying this, and this a peculiarity of mine. I realize how important it is to have leadership. If the Mayor of the County is on that committee, I would think it is wise, sensible, reasonable that my Mayor be on that committee and that I not be on the committee. And let me make this clear, Mr. Mayor, please. I am a firm believer in leadership If you don't need a leader, get rid of him. Now if Jack Orr as a Mayor is going to be on that committee, I cannot sit here in good conscience. I want everybody to understand this and Mr. Mayor, I will not be offended, I would consider it the right, just thing I could live with it, if you replaced me on the committee. You and J.L.. I trust your leadership. I trust the two of you. You could speak for me when it gets to that committee, and I would rather you be there, because as the Mayor, you furnish the leadership, that I as a member of the commission cannot furnish. Mayor Ferre: Father, I appreciate your comments. I think we are just arguing about a legalistic technicality, which in my opinion has no basic impact other than a philosophy of things. Let me express this. I want you to know that I will in no way curtail my interest, my participation, and if you will, my leadership on matters relating to the City of Miami and Metropolitain Dade County. And I want you to know that I will be just as active, that I will be discussing matters with Mayor Orr just as much and that it really doesn't make that much of a difference as I personally am concerned, and since I recog- nize the legalistic point, although I don't see the importance of it, I am willing to accept it because I think there is merrit to the arguement even though I think we are splitting hairs and it is a technicality of the law, or of the interpretation of the law. And therefore, I would respectfully request that you remain on that committee along with Mr. Plummer, and that as time goes on, perhaps every year, we can change the constitution of the membership so that every member of this commission will have the opportunity to .participEite in that committee. Rev. Gibson: Mr. Mayor,. I'm not going to accept that. My leader has to be there. You are my leader, I want to resign as of right now. I will attend the meeting as an ad hoc member, but I will refuse to substitute Theodore Gibson for my leader. Mr. Plummer: How come you get that prerogative, and I don't? Rev. Gibson: Well, J.L. I just figure it is basic. Jack Orr is there, I want my Mayor there. Mr. Plummer: Mr. Mayor, I would like to speak. Mayor Ferre: All right, Mr. Plummer. Let's hurry up. It is already a quarter of ten. Mr. Plummer: All right, Mr. Mayor, I disagree with Father Gibson. 11 And I'M not disagreeing with your leadership, or anything, but 1 think it geterback to the gut iaaue. The gut issue, that we do not make decisions at this committee meeting. Father, Mr. Perre as our Mayor will exert his leadership at this commission level where it should be, and I feel Father that as much as I would like to get out of one less committee meeting, that you and I have done the job that has needed to be done. The Mayor, Mr. Gordon, and all interested parties are welcome to be there, and that any time the Mayor wants to speak, he will --I have never been able to shut him up yet --and that he will exert his lead- ership at this commission meeting where he should, so Father, I will respect that you and I stay on the committee, and that we just burn up a couple more hours and we run it that way. Mayor Ferret I hate to argue, but I think maybe this is some- place where I had better make this point. I think the charter is very clear, and not only the Charter, but it seems to me that the history of the City of Miami Commission is very clear. There are five members of this commission, there is only one Mayor And I don't mean to ---I'm sorry to have to emphasize this. I think that as the Mayor, I have the prerogative to appoint committees and people on committees the same way that the President of the Senate, or the Speaker of the House has a right to appoint whatever committees he wants. The Mayor•of the City of Miami has the right to appoint committees. This is not a committee of this commission, this is a committee that as Mayor, I appointed. This decision as to who was going to go on this committee was not made by this commission, it was made by the Interim Mayor. Mr. Plummer: You're wrong. Mayor Ferre: I'm telling you right now, Mr. Plummer, I don't want to argue with you about this, but say that the Mayor has this right. Mr. Plummer: I didn't say that. I said that this Commission, did, by ratification or resolution did form this committee. Mayor Perre: That's fine, but it was through your concensus, but it the Mayor who thought of this, who discussed it with the County Mayor and who came up with this committee. Now this was done the same way by Jack Orr. Jack Orr didn't go into...I think the Mayor of Metrb has that right, and the Mayor of the City of Miami has that right. And if you want to challenge that, then go ahead, Mr. Plummer: Ms. Gordon: Mr. Mayor, you should be, and are an ad hoc member of every committee that you form. Mayor Perre: Now. So therefore, unless somebody sees it dif- ferently, the way we are going to leave it is the committee remains Commissioner Plummer and Commissioner Gibson and all the other members of this commission will, if they want, can be ad hoc members of that committee. Now on this same Item,#3. Mr. Andrews, I would like from the administration, a report on all the committees that the City of Miami Commission has created that are active, semi -active, or not active at all, who is on the cozmnittee,,what they do, when they held their last meetings, and what the impact of the meetings has been over the past. In addition to that, I would like to know... I would like from the administration a memorandum outlining all of the committees formed by the City Commission, or you think we will be in, for example, the Government Center, The Downtown Development Authority, all the various activities that affect,parks and recreation, 12 2/28/74 40 110 that affect the City of Miami, and then, I want this scheduled on the March 28th meeting for an open discussion, and I am goin4 to have some recommendations specifically as to how we go about it. Handling activities and committees, I think the way to sOlVO. this is for each one of the members of the commission to take upon themselves, and we can justly distribute the burden so that no one commissioner is involved in more committees than any of the others, and that we justly distribute both the committees and the areas of interest. That does not mean that one com- missioner cannot be involved in .. or three commissioners can- not be involved with senior citizens, but I would like to appoint that point, officially, as the Mayor, who the ad hoc representatives of this commission will be in each one of these areas, and I think we could do that without too much trouble amonTusand each one of us will have a basic interest in an area. Mrs. Gordon: I commend you for an efficient approach to this problem, Mr. Mayor. ZONING C1AiSIFICATIONiLOTS 3 ]j, 5 BLOCK ltSHORECREst Mrs. Gordon: I will be abstaining from this Mr. Mayor. I have property in the area. Mayor Ferre: Let the record reflect that Commissioner Rose Gordon is abstaining on this. Mr. George Bender: My name is George Bender, 100 N Biscayne Boulevard. I am here representing the applicant and as the Commission may remember we were here on February 6th and made a rather extensive presentation regarding this application, and I think . at Commissioner Plummer's request it was deferred until this time so that other members of the commission might have the opportunity to go up and look at the street. You will re- member this is.the application wherein we are seeking R-3 aoning on an R-1 Lot and the entire block, at least that side of the street is made up of apartment houses and R••3 zoning, and at that time, the only thing necessary was the viewing of the area by members of the commission. I can go through the same presentation that I made last time, but I don't think it is necessary, unless Mr. Mayor and some members of the commission would want me to. Mr. Mayor: All right, are there any questions of the commission? Are there any questions of the administration? Hearing none, is there a motion? Are there any objectors present? Mr. Bender: I would point out, Mr. Mayor, that this is the third time that we have been here and there hasn't been an objection yet. Mayor Ferre: All right, are there any objectors present? Is there any further discussion on this item? Do I hear a motion? Mr. Plummer: Mr. Mayor, I will make a motion, if anybody else doesn't want to. Something has to be done. Mayor Ferre: There is a motion to override the Planning Department's Denial. Mr. Plummer: No, that's not my motion. Mr. Mayor, I made my comments very clear at the last meeting. I disagree with the Planning Department on inspection of the area. There are apart- ment houses running from Lot 11 easterly on down. The Planning Department's basic theory is that they would like to keep a buffer. Well, as long as I have been up here, a natural buffer 1 2/28/74 • has always been street. I think that lave over the Oast tried to keep bo ary lines and keep apart is in one block and don't Mix the two. l Can't help but think that this is the' way that this should be, it is coinpatibile with the natural safeguards that we have built in. Mr. Mayor, I will move Mir. Mayor, that this be moved for approval, 1 just think it is a maturel boundary line. Mayor Ferre: I said it right in the beginning then. There is a motion to override the Zoning Board's denial; in other words, for approval of the change of zoning from R--1 to R-3. There is a second on the motion. Call the role, Please. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 3,4 and 5, BLOCK 18, SHORECREST (10-23) FROM R-1 (ONE - FAMILY) TO R-3 (LOW DENSITY MULTIPLE) DISTRICT, LOCATED AT 676 N.E. 80th STREET; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREIN. was introduced by, Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Messrs. Rev. Gibson, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOLS: None. Mrs. Gordon abstaining. ORDINANCE ADDING PSYCHOLOGISTS TO PROFESSIONAL LIST -SCHEDULE OF LICENSE TAXES ETC, An Ordinance entitled - AN ORDINANCE ADDING PSYCHOLOGISTS TO THE PROFESSIONAL LIST CONTAINED IN ARTICLE III, SCHEDULE OF LICENSE TAXES, SEC. 30-28, THE CODE OF THE CITY OF MIAMI, FLORIDA, AND DELETING PSYCHOLOGISTS AND PSYCHOTHER- APISTS AS INDIVIDUAL LISTINGS IN SAID ARTICLE AND CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMER- GENCY MEASURE; DISPENSING 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 Reverend Gibson and seconded by Mr. Plummer for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES; None. Whereupon the Commission, on motion of Reverend Gibson, seconded by Mr. Plummer, adopted said ordinance by the follow- ing vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. 14 2/2b/74 • BATS, J1 D 1 !1 _D ICIATBD.,.bitti C NO.._ 8232. Mr. Lloyd: Note that copies have been furnished to all cOMmiesioners and the public. Mayor Ferret A11 right, let the record reflect that. CLACCEETAAL. JACKS.QN .MN 1 Al HQSp T Mr. Plummer: Let me ask a question here, before anybody moves it. You know when I sat on a zoning board, one of the greatest contentions that I had, that Jackson Hospital liked to take parking lots and build buildings. Has any thought been given to that, Mr. Simpson? I noticed this is a 16 acre tract on the hospital facilities for more buildings. More buildings generate mcre cars. I don't know that this is the proper place to attack it on a plat. If not, Mr. Mayor, I will withdraw my comments. Mr. Simpson: It would not be, and this particular tentative plat takes care of the enclosure of all of those streets in the old SUNNYBROOK area. This officially vacates them sub- ject to relocation of all the utilities. It really has no bearing cn what eventually will be built there. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-112 A RESOLUTION ACCEPTING THE PLAT ENTITLED JACKSON MEMORIAL HOSPITAL TRACT ADDITIONS, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Reverend Gibson, Mrs. Gordon, Plummer and Mayor Ferre. NOES: None. Za ACEEp mp Tr NARK EENCEN, — 973 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-113 A. RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FENCE MASTERS, INC. AT A TOTAL COST OF $6,264 AND AUTHORIZING A FINAL PAYMENT OF $626.40 FOR THE 10 2/28/74 • MORNXNGSXDE PARK POOt -SECURITY mem 1913. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Father Gibson, the resolution was passed and adopted by the following vote- AYES: Messrs. Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre. NOES: None. 8, ALLOCATE $20 914 CITY -OWNED PARKING LOTS - LIGHTING - 1973 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-114 A RESOLUTION AMENDING RESOLUTION NO. 73-557 ENTITLED "A RESOLUTION ALLOCATING $20,914 TO COVER THE COST OF INSTALLING MATERIALS FOR THE PROJECT ENTITLED 'CITY - OWNED PARKING LOTS - LIGHTING - 1973'; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS FOR CER- TAIN WORK ; AND AUTHORIZING CITY FORCES TO PERFORM THE BALANCE OF THE WORK." TO DELETE THEREFROM THE AWARD OF THE MOORE PARK PORTION OF THE WORK BY LAVIGNE ELECTRIC COMPANY FOR $1,382 AND AUTHORIZING SAID INSTALLATION TO BE PERFORMED BY CITY FORCES. (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. Mrs. Gordon, Plummer, Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. 9. AIJTHORIZE IIIAMARINA RESTAURANT PARKWAY DRIYE j,UGHTIj G - 1913 Mr. Plummer: Paul, is this work that has been done, or is going to be done? Mr. Andrews: It is to be performed. Now, the last element. This is the round globes that go along the front of the wall. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-115 RESOLUTION AUTHORIZING INSTALLATION WORK FOR 16 FEB 2 8197 • MIAMARINA RESTAURANT - PARKWAY DRIVE LIGHTING - 1973 TO BE PERFORMED BY CITY FORCES: ALLOCATING PROM THE CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS ACCOUNT THE AMOUNT OF $4,200 TO COVER THE LABOR COST OF SAID INSTALLATION WORK, THE AMOUNT OF $2,406 TO COVER THE COST OF PROJECT EXPENSE, AND $481 TO COVER THE COST OF INCIDENTAL EXPENSES AS DESCRIBED HEREIN. (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, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. 101 ALLOCATE $75.000 FOR MATERIAL COSTS -PAVEMENT AT STREET IN FERStCtlbiNS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-116 A RESOLUTION ALLOCATING $75,000 FROM HIGHWAY BOND FUND TO COVER THE COST OF MATERIALS USED IN MAIN- TAINING THE PAVEMENT AT STREET INTERSECTIONS. (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. Reboso, Reverend Gibson, Mrs. Gordon, Plummer, and Mayor Ferre. NOES: None. 11, AUTHORIZE CITY FORCES TO PERFORM WORK ON PROJECT NO, 6152 CITY OWNED PARKING LOTS - LIGHTING INSTALLATION (MIAMI BASEBALL STADIUM)-1973 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-117 A RESOLUTION AUTHORIZING CITY FORCES TO PERFORM WORK ON PROJECT NO. 6152 ENTITLED "CITY -OWNED PARKING LOTS - LIGHTING INSTALLATION (MIAMI BASEBALL STADIUM ) - 1973"; ALLOCATING FROM THE CAPITAL IMPROVEMENT FUND - UNNALLOCATED FUNDS ACCOUNT THE AMOUNT OF $6,700.00 TO AVER THE COST OF SAID WORK; ALLOCATING FROM SAID ACC THE AMOUNTS OF $934.00 FOR PROJECT EXPENSE AND $464400 FOR INCIDENTAL EXPENSE. 1'1 (Here follows body of resolution. omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution wee passed and adopted by the following vote AYES: Messrs. PluMMer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 12•1CLAIM SETTLEMENT NAT HARRISON ASSOCIATES INC, $9, 188.99 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-118 A RESOLUTION AUTHORIZING ¶L'HE DIRECTOR OF FINANCE TO PAY TO NAT HARRISON ASSOCIATES, INC. WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,188.99 IN FULL SETTLEMENT OF ITS CLAIM AGAINST THE CITY OF MIAMI FOR VANDALISM ON THE MIAMARINA PROJECT, UPON THE EXECUTION OF A Rr.JEASE AND SATISFACTION OF JUDGEMENT RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS AS TO THE VANDALISM CLAIM HEREIN ONLY. (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. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 13, PROVIDE PAYMENT OF $300,00 TO GREATER MIAMI JAYCEES TO ESTABLISH NETWORK OF YOUTH ADVI SORY 'BOARDS The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-119 A RESOLUTION PROVIDING FOR THE PAYMENT OF $300.00 TO THE GREATER MIAMI JAYCEES TO ASSIST IN ITS PRO- JECT TO ESTABLISH A NATIONAL NETWORK OF YOUTH ADVISORY BOARDS. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messre. 18 Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre NOES: NOne. 14, APROVE Y `''NINTH EXTENSION OE EMPLOYMENT-RAFAEL GARCIA INTERPRETER CLERK The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-120 A RESOLUTION APPROVING A 9-MONTH EXTENTION OF EM- PLOYMENT PAST THE AGE OF 70 FOR RAFAEL GARCIA, IN- TERPRETER CLERK, POLICE DEPARTMENT, EFFECTIVE JAN- UARY 29, 1974, WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR A LAYOFF MR. GARCIA, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (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. Mrs. Gordon, Plummer, Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. 15, AUTHORIZE ISSUANCE OF COMMERCIAL WASTE COLLECTION LICENSE RAFAEL &.ROBERTO TRASH SERVICE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-121 A RESOLUTION AUTHORIZING THE ISSUANCE OF A COMMERCIAL WASTE COLLECTION LICENSE, IN ACCORDANCE WITH ORDINANCE NO. 7434, TO RAFAEL & ROBERTO TRASH SERVICE, 3369 N.W. NORTH RIVER DRIVE, MIAMI, FLORIDA 33142. (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, Mra. Gordon, and Mayor Ferre. NOES: None. 19 FEB 281974 • 16. ADOPT ONIPORM PETY TiON FORK FOR _COUNTY WIDE PETITIONS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-122 A RESOLUTION AUTHORIZING THE CITY CLERK TO ADOPT A UNIFORM PETITION FORM RECOMMENDED BY THE SUPERVISOR OF ELECTIONS OF DADE COUNTY TO FACILITATE THE VALIDATION OF SIGNATURES IN COUNTYWIDE PETITIONS. (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. Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre. NOES: None. 17, APPOINT ADDITIONAL MEMBERS TO WMIiiEgINIIECOLOGY AND BEAUTIFICATION The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-123 A RESOLUTION APPOINTING ADDITIONAL MEMBERS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. THE FOLLOWING NAMED PERSONS WERE APPOINTED: LUCIAN BLEDSOW, ELEANORE MICELLI, MRS. RICHARD HOELLER, MARY LENNON, MRS. DAN JACKSON, WAYNE L. ALLEN, NORMAN GILLER, CAPT. ROBERT WALDRON, DOUGLAS GODDARD, NICHOLAS G. POLIZZI, WILLIAM STOKES, MRS. D. KNOX, VAN SCOYOC, DAVID BUSHNER, MRS. RICHARD LEWIS, MRS. CLIFFORD LUNSON, MRS. LOUIE M. BARNETT. (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. Mrs. Gordon, Plummer, Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. 2u FEB 281974 • 18, AUTHORIZE AGREEMENT WITH LEAGUE F CITIEP.CONFERENCE OF MAYORS FUNDING OP "MAN IN WASHINGTON SERVICES" Mr. Plummer: Mr. Mayor, I will second the motion, but also, in the memo from the City Manager, I want it to be noted that the Dade League of tities.is working on this in conjunction with Metropolitain Dade County--. Mayor Ferre: All right, is there a motion on 42? The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-124 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE LEAGUE OF CITIES - CONFERENCE OF MAYORS, INC., WASHINGTON, D.C., FOR ONE --QUARTER FUNDING FOR THE "MAN IN WASHINGTON SERVICES". (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, Reverend Gibson, Mrs. Gordon, and Mayor Ferre: NOES: None. 18A, DISCUSSIQN OF A NDA ITEM #43-TRANSFER OF FUNDS FTC, Mayor Ferre: Ta a up . Mr. Plummer: I move to deny. Mayor Ferre: There is a notion to deny. Is there a second? Mrs. Gordon: Would you explain your motion. Mr. Plummer: Yes, Sir. This City Commission, like any other department of this City has to learn to live within its budget. I hate to tell you, Mr. Mayor, not you, because you were not here, but I raised these flags of caution back at budget time. This is exactly what was going to happen, it happened. This City Commission has over -extended itself and I am against it. Mayor Ferre: Since I see some people here on other items, we will come back to Item 43 for further discussion in the future. 19, RECEIVE SEALED BIDS PROJECT #81-"76" CAPITAL IMPROVEMENT PROGRAM TRACY ROVEMENTS NK-JL WgR&I P- NOTE: At precisely 10:00 Eastern Daylight Savings Time, the Mayor moved that the sealed bids for said project #81-"76" be opened. The following resolution was introduced by Mr. Plummer who moved its adoption: 2:L 2/28/74 • • RESOLUTION NO. 74.125 A RESOLUTION TO RECEIVE, OPEN, READ, AND TABULATE AND REFER TO THE CITY MANAGER, SEALED BIDS FOR CONSTRUCTION OF TRACY SANITARY SEWER IMPROVEMENTS SR.-5275-C AND SR-5275-S. Project #81 "76" CAPITAL IMPROVEMENT PROGRAM. (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: •Plummer, Reboso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. BIDS WERE RECEIVED PROM THE FOLLOWING: Dargel Construction Co. Paul N. Howard Co. Holland Paving Co., Inc. Joe Reinertson Equipment Co. Intercounty Construction Corp. BRICKELL ADD AMD (B-113) 888 BRICKELL AVENUE Mr. Jack Watson: Mr. Mayor, Members of the Commission. My name is Jack Watson. My address is 505 Pan American Bank Building, and I represent the applicant. As you know, this matter has been before you before, and It was deferred for further information to come back to this commission. I believe we have that information with :us this morning. Mr. Hollo is present and we would be willing to answer any questions that you might have. Mr. Plummer: Mr. Mayor this matter ---Mr. Boyette, we know you are objecting Sir, but let's try to resolve the other one, and I would respectfully submit that since it was father Gibson who raised the questions that we do wait for him. In the interim I would like to)Mr. Mayor, bring to your attention, and ask in the way of a question, and a statement. Mr. Hollo, I would like to inquire about Plaza Venetia but let me preface the remark, Mr. Mayor, by saying that I received a couple of phone calls about a problem around Plaza Venetia; of houses that were acquired. I just happened that day, to run into Mr. Rollo at the Dick Stone luncheon and told him of this concern. And I want to thank Mr. Rollo that within twenty-four hours a demol- ition contract was signed, the problem is completely irradicated and I think that is a very fine case of instant justice, so I commend you for that Sir, but I would like to know the status of Plaza Venetia. 20, REQUEST FOR CONDITIONAL USE 21, STATUS REPORT: LOTS 12, 13, BLOCK 101S "PLAZA VENETIA" Mr. Hollo: Thank you very much, Commissioner Plummer. I appreciate your kind words. truly I do. As you know, we have 22 FEB 2 81974 finally Commenced our work on Plaza Venetia. At this moment, it is a negative work because we are faced to take down twenty- one deteriorating properties and their _.. facilities. I happen to have been this morning there, because twenty of the twenty-one residences and.buildings have been taken down and I just took some Polaroid shots of them which I would like to ehaw you. The one particular one you will see here is Biscayne Blvd. where the old Creager Theatre Building was, which was our con- struction office for many years. It is not demolished as well and as of Saturday night, we should have all the properties on Plaza Venetia, or where Plaza Venetia will go, completely de- molished. Mr. Plummer: Well, I like your very flowery language Mr. Rolla,, but real simply, when are we going to see construction started? Isn't this where the Theatre was? Mr. Hollo: That's where the Creager Theatre was. The Theatre will be the last one, which is the twenty-first structure and that will be Saturday. Mr. Plummer: When are we going to see something start up? Mr. Rollo: I can advise you at this time that our contract has been let to divert a most important line, which is a very large high pressure gas trunk line that goes in the old N.E. 16th Street. It is servicing currently, and will be servicing the entire Miami Beach with gas. That's a six hundred pound pressure line and we have to take great care to divert it around the existing Jordan Marsh Building so it gets out of the future site of the Plaza Venetia structure. This contract has been let, and the contractor advised me that he will start construction the moment after the demolition of our last structure, which will be Monday. It is following Monday he is starting construction on that line. All the balance of the lines will follow, and the moment all the util- iti.ea are taken out of the property, he will then commence construction right after that. Construction starts on this coming Monday after the demolition of the theatre which is fronting right on 16th Street and we don't want to jeopardize the demolition and the construction at the same time. Nr. Gordon: May I ask you a question? Mr. Rollo: Yes, Mrs. Gordon. Mr. Gordon: Your target date to start construction is in the very hear future, according to what you have said, right? Mr. Hollo: Yes, Mrs. Gordon. Mrs. Gordon; Are your plans basically the same as they were at the time the zoning was granted to you? Mr. Hullo: Very much so. Mrs. Gordon: Have there been any changes or alterations? Mr. Rollo: Practically none. The project itself, is almost identical in volume as it was. Mrs. Gordon: Another question, I had heard, I don't know if it is truth or just rumor, that you had sold off a portion of the property that is zoned C-3. Is that true, or false? Mr. Rollo: No. WE have made announcements together with our 23 2/28/74 joint venturer inont ofycommission asyrecall last 411 your� yourecall, August, l believe, where the gentlemen who are joint venturing the project with us were down here, whereby the commercial portion will be done by M. Albert, who originally was down with us here in'11 when the project was granted to us and t will do the residential and office portion in the back of then►. Mrs. Gordon: But it is the same plan, it's not a changed plan, or anything, it's a technicality, you're saying. Mr. Rollo: Right, and the same architect as well. Mrs Amisano of the offices of Toomer, Amisano and Wells. Mrs. Gordon: And these were people that were with you,part of your original team? Mr. Rollo: That is correct. They were down with us three years ago, in 1971, when you graciously granted the project to us. Mrs. Gordon: At the time that the zoning was changed, they were the original participants. Mr. Rollo: They were the original participants and they were scheduled always to do the commercial portion. They have the very high commercial expertise and we were doing the residential and office portion. Mrs. Gordon: I see, so that's probably what this rumor started from then. Mr. Rollo: That is correct. That was last August when we officially announced the continuation of the project. Mr. Plummer: All right. Let's get back to this other item. Father, I asked that this be held until you got here. As I recall, the reason for deferment was for Mr. Rollo to surrender to the Planning Department a landscaping layout and I think now we should hear from the Building Department or is it the Planning Department? Mr. George Acton: Mr. Mayor, Members of the Commission. Our evaluation encompassed both looking at the proposed valet parking layout and also looking at how that layout affected the landscaping. We did find as one of the elements of our analysis that the layout of the valet parking did in fact, hinder any attempts at adding additional landscaping. The original layout for this particular building which I saw quite some time ago, before Mr. Rollo, or the applicant rather, bought the property, did call for the four corners to be landscaped. And of course, with the -- one of the elements that we found is that with the addition of the restaurant facility at the ground floor level and the necessity of trying to provide as much parking on the site eliminated any potential for landscaping at three of the four corners. But there are other points that we did make in our evaluation as it pertained to the request for a waiver of parking of some thirty-five spaces, I believe, and substituting valet parking. We did find that the valet parking scheme was not really the same type of layout that we're encouraging for all of the R.C.B. District, or those projects that are going in the Brickell area. The valet parking did raise other types of problems, such as the possible creation of off -site, you know loading problems since the restaurant facility came after the fact, it is not an office type of function at the ground level and we felt that the layout of the off street loading, you know the servicing of this restaurant at the ground level 24 FEB 2 81974 could create problems on tenth street, which adjoins the build► ing. What Z am really saying is that the building was not designed to accomodate a restaurant, consequently, off street loading facilities were not provided in the original design. Plus the fact that we felt that the actual layout of the valet parking itself showed spaces about seventeen feet long which were actually less than recommended for parallel parking. The valet parking itself was not laid out in the type of manner that you would have laid it out if you had designed the building originally for valet parking. The valet parking is perpendic- ular to the perimeter; required off street parking spaces, and this does create a problem in trying to move vehicles around. There are many reasons which I will not go into, but we had recommended denial of the request for valet parking. 4r. Plummer: You have just totally confused me. In 5a., you recommend approval which tells me you say it is alright to have a restaurant there. Now you tell me, that the building wasn't built for a restaurant and you don't think it should be there. I'm confused. Mr. Acton: We recommended 5.a., which is for the restaurant, leaving the applicant with the option of perhaps obtaining remote sites to accomodate parking required by this restaurant. Mr. Plummer: Are you saying that the parking would take the loading bay out? Is that what you are saying? Mr. Acton: What I'm saying, Mr. Plummer, is that there would be a better solution for off street loading, if all parking re- quired by this restaurant were located at a remote site. The decks would not be crowded with cars, so you would not have the congestion on the top of the deck itself. So you could not make adequate provisions. That is one of the options that we built into the RCB Ordinance, allowing developers or joint ventures to locate required parking remote from the site. Reverend Gibson: Let me ask this question. Sir, you heard what Mr. Acton said. Are you prepared to meet those condi--. tions? Mr. Hollo: Reverend Gibson, I did not understand what condi- tions he has given. Reverend Gibson: All right, Sir, you better tell him again, because I'm not a businessman, but I tell you, Y'm getting to the place that I feel if we are going to develop the downtown and Brickell Avenue with some sensitivity of taste, we ought to be consistent. Now I wasn't at all impressed. Tell him again, cause I'm ready to do what I have to do. Mr. Plummer:Let me simplify. Mr. Hollo, what he said was; you've got to find ahirty-five parking spaces somewhere else. That's what he said. That was the condition. Reverend Gibson: Right. Let me put it so you can understand what I'm saying. Based on what he said, and I believe in this, you could have that restaurant providing you don't ruin other things. Do you understand? You have a choice. I hope our brotheren in this community will understand when they come down here, Theodore Gibson wants beautiful and the best for the City of Miami. I'm not going to have people come in and say,you know, we're going to leave man, cause these things -- Mr. Plummer: Let me ask a question, Mr. Hollo, if I may. 25 2/28/74 Imo You know, I try to get the beat of two worlds. I see on this thing here that it is two floors. To both of you, if the.sise of the restaurant was decreased, I'm just proferring this, I'm not suggesting it, would the requirements of the parking be less? Then if Mr. Hallo finds that there is a success and a need for the restaurant to get the second floor then he knows he would have to go get more parking. I'm trying to get the best of two worlds. Reverend Gibson: J.L., the problem would be the same. Mr Plummer: No, it won't Theodore, we are about two floors of fifty-two hundred. If he were to open one floor, the parking requirements would be proportionately less which would give this open option. Then if he wanted to open the second floor at a later time, he knows that he has to go out and get the thirty- five additional. You see what I mean? Reverend Gibson: Yes. Let me say this, how does this lessen the loading and unloading problems? Mr. Plummer: Well because the parking that he would need would be not utilized for parking, but for loading and un- loading. That was the very point that George made. Reverend Gibson: You know, I worry, you and Rose are experts in the housing and zoning business, .but you know, I could see us sitting here man. Then in a year, six months, they way -lay me. You understand? You know that language, that's ghetto language. They way -lay me,come back, and they've got one hell of a hard kick. You know what I'm talking about? I remember that project over there by Crandon Park. Guys built that thing and didn't have any restaurant in there and then came back here and you said man, you know---. I want to avoid that. I want to keep my eyes wide open. Mr. Plummer: I just tried to offer a solution. Mr. Acton, let me, before everybody else picks me apart. Would that be feasible? Mr. Acton: Commissioner Plummer, the problem in putting a restaurant in the Brickell area is simply that it requires four times the number of cars that compare with office space. The restaurant requires one space per one hundred and an office is one for four hundred. Plus the fact that in order to make a restaurant large enough so that there is an incidental license to go with it. It must occupy at least four thousand square feet. I don't think that the option or alternate that you mentioned probably would work in terms of financing, and I think the applicant probably could speak to that. Mr. Plummer: Well, of course, George, that is his problem. That's not mine. You know Father, let me tell you something, and I'm not saying this for Mr. Rollo, or Mr. Van Boyette, or any of them, but you know once in a while you have to stop and consider the poor people that work in that building. Now, I have to tell you something. Mr. Boyette, in one of his buildings has a very nice cafeteria facility but aside from that, and the Four Ambassadors which is pretty expensive, there is no place else in that area to eat. The little sandwich shop that I eat at but that is a bar, and nobody will go over there but me. No, Mr. Mayor, that was not my intention. I don't know that in the Brickell area right now, George, do we even have any zoning that would allow a facility for people to go eat, within walking distance? 2 �? FEB 2 81974 Mr. Acton: Yes, the RCB Ordinance... and the RC-1, they both allow restaurants. The RCE is a conditional use. One of the applicants projects is, or does contain a restaurant which I assume will be open in the near future. Is that correct, Mr. Rollo? Mr. Rollo: Reverend Gibson, I would like to state something here, really I am just a little bit redundant of what Commis- sioner Plummer just said, and the records of what I am sayin§ you will see in the archives of the Urban Land Institute, University of Miami, and numerous other fine institutions that I have made this speech, and was applauded by. Reverend Gibson, many of our cities, and I am usurping your time com- missioners and I want to get your indulgence on this. Many of our cities throughout the United States become sterile areas of the cities, like San Francisco, many areas in San Francisco, many areas in New York, in Chicago, and Detroit, they become sterile because you only allow the central district to office use, for instance. And you say you have RCB-I cannot have shops there, well do you know Reverend Gibson, what will happen to our beautiful Brickell Avenue if you do not intro- duce some other dynamics into it besides office space, if you do not put some shopping in there, if you do not put some restaurants in there, if you don't put some other type of living accomodations besides an office? Reverend Gibson. that beautiful street of ours will become a deteriorating sterile area. Mr. Plummer: Mr. Rollo, Father Gibson isn't against any of those things, he is all for them. He just wants... Reverend Gibson: Mr. Mayor, One thing the Bishop of my diocese prides himself on is Gibson can speak. Let me explain it to you. I have no problem in doing all those things you want to do but I want you to do them with a full particularity of other things around. For instance, If you are going to have a restaurant I want you to have some parking. Now if you got the parking, or you could find that land, man.I'm your buddy, I'm your _ friend. You got my vote now. I want you to note how I did this. I said did you hear what Mr. Acton said? Could you meet it? I didn't say I was against a restaurant, note what I said, you didn't listen to me. I said you know I think I want to do some of what is here. Meaning when I go downtown or on Brickell Avenue I don't want to go always to the Four Ambassadors, while I like their food, ... Just make sure you could keep those other things together. Now one other thing. Brother Plummer just said that man, what's your name, Sir? Mr. Boyette: Mr. Boyette. Reverend Gibson: Mr. Boyette has a cafeteria, in his place, is that what you said? A very fine one. Now listen to what me, I'm not opposed to his cafeteria, he has a fine cafeteria and the accomodations that go with it. I'm just saying to you as we say in the minutes reading, "Go and do thou likewise." You get me? Mr. Rollo: I certainly did, and we went to a great extent to establish that it is approved by all the County who can approve such things. We have gotten the finest of valet park - ere in this city. He has shown us how easily, comfortably he can provide for the additional thirty-five places under the valet parking concept, and there is one more very big thing. It is a matter of record that Mr. poyette, Allen Morris, is building a parking structure. He was asked the question in- front of your commission whether this was a public parking 2'i FEB 2 81974 whereby anybody could go and put their Cara in there. Now this structure is practically next to us, so in case such a thing would be -found not right, valet parking, we can always use the fine parking facilities of Allen Morris, and we have to pay for it. We ask a question, it is for everybody. A question was put to him and he answered to everybody. Across the street on Brickell Avenue, Reverend Gibson, they are putting up a huge parking structure - Massachusetts Mutual Life In- surance Company. No other structure, but a parking structure. We will be overpowered, without cars. Reverend Gibson: All right, let me say this. If Mr. Morris and those have the accomodations, you come in here with the written document saying this is where it is, we got a Lease, and you satisfy us that this provision is made and if you work that deal out with them I am sure I will be willing to listen but I have just come to the point that ... I understand Mr. Sim, but you know, that's why we pay that staff down, and if that staff down there ain't said yes, I'm going to be kind of reluctant you understand? Now Mr. Acton, please get me out of this hot water. Mr. Hollo: I will gladly buy the parking as I need it. If I need fifty-fifty, if I need thirty-five, thirty-five. Maybe I can accomplish it. I have here the finest parking attendant in our city, acknowledged by everybody. Carribbean Parking, the President of Carribbean Parking, I would like him on the stand in our behalf. Mr. Plummer: Mr. Hollo, Sir, you're not listening to the fire. Now I think that this thing can be resolved if you; can go to Mr. Boyette, or whoever he represents and get a letter stating that they will be able to accomodate thirty-five of your people or your cars in their parking structure. That's all Father wants. Then you've got your approval. Now I think that is a very fine solution. Mr. Watson: Mr. Plummer. May I say something please? Would it be out of order if this commission would approve the rest- aurant use, which everybody says is alright and defer the item as far as the parking variance until such time as we see we can work it out with this gentleman here? Reverend Gibson: Wait. I want to do the two together. I want to know that when I say a restaurant, and I want you to know, I want you to have the restaurant. I think it is a good thing for Brickell Avenue and for all of us in the buildings down there. We've got to get something to eat, but I want to have the two together because you see, if we get the restaurant, for some reason I have no guarantee with the Lord that I am going to be here tomorrow. If you want the restaurant as we said this is the way you get the restaurant. You're going to get the parking. If you don't get the thirty-five, at least give us some so that if we are going to turn our backs, we can say to the people, "Well we turned our backs and we got two- thirds or fifty percent of your equity Mr. Plummer: Father. Please. Let's move on on this. Mr. Hollo , please, would you go to the man and see if you can extract a letter and bring it back here with you. It is over. Mr. Rollo: May I ask the man right here infront of the com- mission'? Mr. Plummer: I don't think he wants to negotiate terms and conditions. The 14th of March, Mr. Hollo. I understand you have been deferred twice. 28 , FEB l ti 1974 • Mx. Hullo: Four tunes, lair. Commissioner. Mr. Plummer: All right, Sir. I hate to tell you, if you force the vote, what is going to happen. Father done made it loud and clear. Mayor Ferre: I think it would be appropriate to go ahead and vote on it one way or the other. Mr. Hullo: Aside from my valet parking, do I understand, Reverend Gibson that you would like to have an additional seventeen car parking somewhere else, besides our valet parking, that would be fifty percent of the required. Reverend Gibson: I want you to come in here with a written document and tell us " We are going to be parking 'x' number of cars at such and such a place to accomodate this restaurant". Mr. Lloyd, I want you to hear this, I want that agreement to run concurrent with that restaurant. I want to make sure that everyone understands that. Just bring me your document and I am ready to give you my vote. Mr. Lloyd: Legally it has to. Mr. Hollo: Thank you, Reverend Gibson. Mr. Plummer: Mr. Mayor, I make a motion at this time that this matter be deferred until the 14th of March. A motion was made by Mr. Plummer that the resolution be deferred to March 14th and seconded by Mr. Reboso. The motion was passed by the following vote - AYES: Plummer, Reboso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. 22, OBJECTIONS TO CONFIRMATION OF PRELIMtNARY ASSESSMENT BOLL EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352-C. Mayor Ferre: Are there any objectors present? Mr. Plummer: For the record, I would like Mr. Grimm to state that ample notice has been given, that they have met with all people concerned and that there are no objections. Mr. Grimm: This sewer has alydady been constructed, Mr. Plummer, this is just a confirmation of the assessment roll. Mr. Plummer: All right, but there have been no objections received by you. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-126 A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION OF EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352-C (CENTERLINE SEWER) IN EAST PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5352 -C .(CENTERLINE SEWER), AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT,CERTIFIED HEREBY. 2J FB. 2 81374 • Mere follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the passed and adopted by the following vote - AYSS: Reverend Gibson, Mrs. Gordon, Plummer, and Mayor NOES: None. 23, OBJECTIONS TO CONFIRMING ORDERING RESOLUTION 73-970 N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT resolution was Messrs. Reboso, Ferre. Mayor Ferre: Are there any objectors present? Father Gibson: Mr. Mayor. Brother Dukes, please Sir, come to this mike. Both of you, you and Mr.-- Tell us now. I don't want to hear later on that you didn't understand. These are the men, aren't they, Mr. Simm. Right, I remember. You are in the court, you understand what is happening? Mr. Dukes: Yes. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-127 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-970 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT H-4371 in N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT DISTRICT H-4371. (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. Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre. NOES: None. Mr. Plummer: Mr. Mayor, May I inquire, i see a lot of high paid ministers out there, are they there for a purpose that we can get them out? Mayor Ferre: You know what it is. Reverend Gibson: They don't want us to be able to drink no more. 3 u 2/28/74 24, BEQUEST FOILCHANGE OF ZONING CLASSIFICATION S5O LOT 1-HERBERT L,STEVENS • Mr. Ferdys I am Ainsley Ferdy and I represent Bonnie Jill, the owner of this property. I note your sheet reflects 2 objectors. Mayor Ferre: Are the objectors present? Are there any objectors on item 9a or b? Approximately 3401 Bird Ave. Go ahead Sir. Mr. Plummer: Mr. Mayor, would you orientate my thinking Sir or the Department. Are we speaking about the little separate building? Unidentified Man: If I can explain , its on the corner of Bird and Dixie Highway. Its a gas station. Next to it is this office building now existing. On the same parcel on Bird Road presently existing too is a rather bad duplex structure. The context of the Mr. Plummer: On Bird Avenue, there is a building separate and detached from the rest. Is this the building that is the subject of this application? Mr. Acton, Dir.P1.Dept: If I might speak to this application. Very briefly, the applicant is requesting an expansion of the existing office facility that faces on U.S. 1. He is asking for what amounts to a change of zoning. C-1 back into the R-2 zone so he could be allowed to build more floor area ratio on the facility that will be placed along U.S.1. Mr. Plummer: If I understand it George, is that this has to be figured into the configuration of the front building. Mr. Acton: That's right and it would change the zoning, you would get more floor area ratio which he can put facing along U.S. #1. The parking facility for the building would still face along Bird Avenue. Rev. Gibson: I want to ask a question. U. S. #1 here recently has caused us problems. I want this Commission to hear this because i think we have got to - not many months ago, we were dealing with a building on U.S.1 that created one devil of a problem for us because of getting in and getting out. You remember that Mr. Mayor? You remember that Mr. Plummer, Reboso? Rose? All right, now I just wonder whatever we do, I hope we are going to remember getting in and getting out of that U.S.Highway and don't complicate the problem by being nice today and then all hell breaks out tomorrow. When U.S. 1 went through there, that man's property, I don't remember who he was but we the City should have had some built in protection to the people who lived in that neighborhood. Now either that you aren't going to come in off #1 and everybody got to come in from the back or you build single family houses there or and if we had done that, we wouldn't have that fight about closing off that street in connection with that building. You know the building J.L. on 22nd. Mr. Plummer: The new office building. Rev. Gibson: I am -concerned about how this problem will be later on. Mr. Plummer: Father, I don'$ think this comes into play here because everything empties onto Bird Avenue, on this particular site. Nothing of this building to my knowledge feeds into Dixie Highway, it all feeds back onto Bird. Mr. Ferdyt I have the architect here and perhaps we can place in correct prospect. There are 2 driveways presently on Dixie Highway. The plans that they will show you would end up closing one of those 2 driveways eliminating that portion of that particular problem. What would happen and so that you understand what the concept is lexea because deorge indicated it to you and the fulness is that these dup,,r which are not really suitable on this site could be replaced by covered parking structure on the back. There would be no extension of any office building towards Bird Road on the Bird side. There would be an extension of the office building on Dixie Highway where it wouldn't of course, affect the residents since you have a gas station on one side and Dixie Highway in front of it. What we are doing in effect because we have to do it this way to accom- plish that, is to reduce those 2 duplexes and use a covered parking structure over there in that place. Now if I can have Mr. Solomon, the Architect explain it to you, both what is there now, what is coming off and what's going in so that there will be a clear understanding of what is intended. I might proffer to the Commission that we have to go through the technicalities of asking for certain things and we have no compunction about making the site plans a restriction as part of the granting of our request. Here is Mr. Solomon, the Architect. Mr. Solomon: Good morning gentlemen. The subject site is 2-fold in zoning because of the peculiarity of some zoning action that took place some years ago before the present owners occupied the 'land. The front of the site which faces Dixie Highway is zoned C-1-Commercial upon which sits a 1-story office building along the Dixie Highway frontage. The rear of the site which is the Bird Avenue area is zoned R-2 duplex upon which sits a single duplex structure which is ancient and unsuitable for the neighborhood. All around that duplex structure, parking is being utilited because several years back, a use -variance to permit parking on that rear area was granted. We do not intend and we are not asking for an extension of parking. What we merely want to do is legalize the back end and turn it into the parking lot that it is now and we would like to remove the duplex to accomplish this to make the parking area in the back work more smoothly. We don't have the proper movement on site. Rev. Gibson: What I am trying to get this Commission b be aware of is that I hope we don't compound the problem of that area and do that area just like we did this other building that we got all that flack about on 22nd and U.S.1. Remember the new apartment you are building. I don't know how people are going to get in and out of that building. Mr. Plummer: You are talking about apples and oranges now. The difference is Father, that apartment house by virtue of the property has to empty onto the highway. There is no other way. This place here Father, when I went out and inspected it, both of the driveways empty back onto Bird Avenue, not onto Dixie. Rev. Gibson: i know, all I am saying to this petitioner is that I want the Commission to be fully aware of what we say. Mr. Solomon: Rev. Gibson, I am in 100% agreement with you Sir and I would be glad to explain how we are going to solve this problem. Mrs. Gordon: Mr. Acton, as I understand, the need for the change is predicated upon the need for parking and parking could be accomplished by a conditional use, so why isn't that approach being explored? Mr. Acton: Because under the conditional use approval, off-street parking in connection with an application, we don't allow any credit and he can't use the R-2 portion of the lot now towards the number of cars and spaces that would be required. 32 Mra. Gordon: In your opinion, is this building larger than the area can stand? Mr. Acton: Yes. If you grant the applicant's request for an extenal of C-1 zoning back to Bird Road. It then means he can get a floor area ratio of 2.0 for that entire Site area which results in a fairly substantial structure:being built along U.S.1 - a 4 story structure in about is of the development and a 2-story in the rest of it. Mrs. Gordon: Mr. Acton, that is a very busy thoroughfare. What is the great objection to the 4-story structure on the highway? Mr. Acton: Our objection mainly, to this particular application, is the surrounding use on Bird Avenue which is all residential. The applicant didn't show you the type of structures that you have across the street from his proposed development. Now there are some very fine duplex structures right across the street from this proposed off-street parking site. Plus the fact as the Commission knows, we always, encourage whenever we can, profuse landscaping in front of an off-street parking lot and he is requesting a variance for the location of that wall. That wouldn't allow the type of landscaping that would be compatible with the residential area. Mrs. Gordon: In other words, the applicant wants to move the wall to the lot line, is that it? Mr. Acton: Close to the lot line, I would say and that's what happens when you get involved in floor area ratio excess resulting in many more car spaces on a particular lot than the applicant and then the applicant has to request either a variance for the location of the either the building line or else off-street parking wall lines to accomodate the number of spaces required by the structure. This eliminates the type of landscaping we are looking for. Mayor Ferre: All right Mr. Solomon. Mx. Solomon: In answer to your question before Reverend Gibson, I will re -state the fact that I am in total agreement with one of the problems that was facing us in the handling of this particular site. That was the fact that the 2 existing driveways on Dixie Highway are cumbersome because of their proximity to the intersection. It's quite dangerous. We realize this. I have had a problem myself pulling in and out of that highway. We intend to take the driveway on Dixie Highway which is closest to the intersection and close it off and not use it anymore which, reduces the danger substantially. Mayor Ferre: No driving into Dixie Highway from this property. Mr. Solomon: Allow me to correct that somewhat. There are 2 drive- ways at this time on Dixie Highway. 1 at the east end of the building and 1 at the west end of the building. The one at the west end is closest to the intersection. This is the one that we are closing off. It's dangerous. the cars back up and the turnoff on Dixie Highway is a short stop situation which is quite dangerous for rear -end collisions. We want to eliminate this. The eastern end driveway, we would allow to remain and this is a substantial distance away. Its 250' down the road, placing it approx- imately 500' away from the intersection which is sufficient room for somebody to react to a drivers stopping or turning and slowing down. The present parking on the site is a parking lot which is buffered from the very pleasant duplexes accross the street by a landscaped area in front of a privacy wall surrounding the existing parking lot. We realize the value of this. We are not attempting to eliminate it by any means.- We would like to maintain it. What we are requesting is that the wall which maintains privacy for the parking lot be moved slightly closer to the sidewalk. We would still maintain a landscaped, beautified area. 3s FEB 281974 in addition to that, we would provide additional on -site landscaping, We are nOt trying to; remove it by any means. What we sire trying to do is adjust it so that the interior of the parking lot works better. The geomotry of it becomes an on -site problem for traffic. We can get the cars in but because of the peculiar geo motry of this thing,_ the automobiles have to weave ih and out and around about. We are trying to straighten it out so that people don't lose their fenders in the parking lot.. Mayor Ferre: Let me express my opinion. From what I have heard and what I see, I think that adding this portion of the building and providing more parking ih the back improves the whole project but, I think I would object anyway, to your coming up to the property line at this point. It seems to me that you ought to maintain what you have and that is setback of some kind. Mr. Solomon: We are intending to Sir. The front floor is setback as the rest of the building is, which is a provision of the zoning. Mayor Ferre: You shouldnt go to zero setbacks. I think you ought to go back like the rest of the building and secondly, you have a 5' setback here in the parking where you are required to have 10'. I think you ought to have a little setback. The 3rd point that I see in all of #his that since you are asking us to give something, I am asking you to give something and I would like to respectfully recommend to you that you close that exit on U.S. 1 which doesn't really make that much of a difference since you are so close to the intersection anyway. You can get in and out of that property and I think if do that and have all access through Bird Avenue, You are going to greatly improve the area, eliminate traffic hazards and then you would have a much better project. Mr. Solomon: Fine with me Sir, I am willing. Rev. Gibson: Mr. Mayor, why don't we let him and the apartment people get together. It would help to solve their problem because honestly it's a very dangerous thing and I think anything we could do to improve getting in and out would be better for all of us. Would you want to do that Sir? Mr. Solomon: Fine with me Sir. Rev. Gibson: Now so the man doesn't come back here 10 times. I hope we write this thing down so that when the man comes, we don't get up another thing, and another thing and another thing. Mr. Solomon: Mr. Gibson and members of the Board, I would like to point out one other. thing, that the gentleman was referring to before to clarify it for the record. The structure that we are talking about adding on to this property could be built now under its present condition and we would have adequate parking in that back lot because we have a use variance for it. I could crowd the cars around and get enough and the floor area ratio is not being exceeded by what is permitted. Mr. Acton: You couldn't possibly get the number of spaces with the proposed development. Mr. Solomon: I have a drawing here that shows I can. Mayor Ferre: As Father Gibson, those are things to go over Mr. Acton - Mrs. Gordon: In your deliberations, if in fact what theAapplicant is saying is that he could construct this building with the same amount of floor area ratio without the zoning change, I am wondering why you want the zoning change - Mr. Solomon: Because its inefficient to leave the duplex structures there and use them in that fashion. Mrs. Gordon: You would remove them. Mr. Solomon: Thats right, but they are there and used in connection with it. If you are going to do these things, you are going to do it entirely and what the design is, is to do something (1) that doesn't affect the people that live on the other side of Bird.Road. You know that fellow that lives accross the street parks hitt truck there on this spot so I don't know, he's not going to be offend or changed one way or another because the wall is still going to be there& What you are going to do is to enhance this building on Dixie Highway where it belongs and not have the mixed use in back. Mrs. Gordon: I want to bring out another point because this is important to us also and that is the encroachment or the progression of the commercial use which then could be cited as an example for further commercial changes on Bird Avenue. We have pretty much been wary of turning Bird Avenue into a commercial street. I am concerned about that. I would like to say that another point is that the first lot abutting the commercial, if it were changed, would then be permitted to become an apartment use because it would have a transitional use under the ordinances that presently exist. So therefore, I am going to give a suggestion that we have done before on 2 to 3 different occasions that I know of and that is that if in fact we should change the zoning, we could change it up to 5' of the lot line on Bird Avenue which would then give you the use of it for parking as you would like and at the same time would not encourage the proliferation of additional commerical zoning. I give this to the department as a suggestion. Rev. Gibson: I hope all these suggestions are noted so that you don"t have to come back 10 thousand times. Please. Mayor Ferre: Is there a motion to defer? Rev. Gibson: A motion to defer Mr. Mayor to let them get together. Mrs. Gordon: Second. Thereupon the Commission by unanimous vote deferred consideration of this application. Mayor Ferre: Now it's my understanding that you are going to try to do this as quickly as possible and if we can get it for the 14th, fine, otherwise it will be on the 28th. 25, CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #896 "RIVER COVE" Mr. Robert H. Traurig, Attorney representing the applicant appeared. There was no discussion on this matter and no objectors appeared. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CTLASSIFICATION FOR TRACTS 1 AND 2, TENTATIVE PLAT #896- "RIVER COVE", LOCATED AT NORTH RIVER DRIVE AT N. W. 17TH AVENUE, FROM C-4 (General Commercial) AND W-i (Waterfront Industrial) TO R-4 (Medium Density Multiple) DISTRICT Was introduced by Mr. Plummer, seconded by Reverend Gibson and peened 3 FEB 2819 on its fitet reading by title only by the following vote - AYES: Meners. Plummer, Reboso, Mrs. Cordon, Reverend Gibson and Mayor Ferree NOES: None The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO, 74-128 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEVELOPMENT TO BE LOCATED ON TRACTS 1 AND 2, TENTATIVE PLAT NO. 896 "RIVER COVE", AT NORTH RIVER DRIVE AND 17TH AVENUE, PURSUANT TO ORDINANCE NO. 6871, ARTICLE XXI-1, ACCORDING TO PLANS ON FILE, SUBJECT TO RELOCATION OF DRIVEWAY AND DEDICATION OF RIGHT OF WAY ON NORTH RIVER DRIVE, ALL IN ACCORDANCE WITH THE DEPARTMENT OF TRAFFIC AND TRANSPORTATION REC- OMMENDATION; ZONED C-4 (GENERAL COMMERCIAL) AND W-I (WATERFRONT INDUSTRIAL), PROPOSED TO BE REZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT (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, Mrs. Gordon and Mayor Ferre. NOES: None 26, PROPOSED ORDINANCE- HOURS DURING WHICH SALES PROHIBITED- SUNDAY SALES. (SALE OF ALCOHOLIC BEVERAGES) Mayor Ferre: The hours during which sales are prohibited - Sunday sales - changing the hours of sale of alcoholic beverages for Bars on Sundays by extending the hours of sales from 12 noon until 1 A.M. Mr.. Plummer: I think the City Attorney wants to talk first. Mr. Lloyd, City Attorney: A routine matter. It was brought to our attention that this ordinance which purports to amend the entire ordinance did not include sub section "G" which is simply the "Supper Club" provision. We have simply added that and the usual penalty provisions to complete the ordinance in the event that it is passed. Mayor Ferre: You are saying bars and supper clubs? Mr. Lloyd: Its just a routine addition. It is not really affected by this ordinance but in view of the fact that the ordinance is an amendatory ordinance, that should be if the ordinance is passed. Mayor Ferre: That does not include restaurants or food stores? Mr. Lloyd: No. Mr. Andrews, City Manager: I want the record to reflect too that the Commission had asked the City Manager to insure that this was properly advertised, and the lengthy list we have of 51 individuals and organ.. izatione which include the ministerial association be notifed that this meeting was taking place and that was accomplished. Mayor per re: And that has been done. All right, now who wants to Speak on this/ Mr. Fitzgerald? Reverend, are you going to address us on this? Rev. Gibson: Man you have a slew of ministers out there. Mayor Ferret Flow many here are speaking as proponents? How many of you want to speak on it? 2 of you. Now how many are here as opponents? - 5. Give your names to the Clerk and I will recognize 5 people as opponents. I will not recognize anybody else so if you want to speak, give your name because we are running behind. We will hear from the proponents of this first. Mr. Fitzgerald: My name is Michael Fitzgerald, 700 Brickell Avenue. We are here representing the City of Miami Bar Owners Association and here to speak in favor of this amendment to the ordinance. This has been going on for several years and as each and every Commissioner knows, the economic situation has been brought up. You know that every bar in Dade County except those in the City of Miami are open all during the day and you know the bars in the City are discriminated against because of that. The businessmen in the City who pay taxes to the City are losing revenue. We don't have to spend a great deal of time on that. We will talk about 2 things that have never been talked about before. The first thing just came to my mind last Sunday when I went into a restaurant in the City of Miami to eat dinner. I was with several paople and most of them were from out of town. We arrived at the restaurant at 7:15 and as is my custom, I ordered a cocktail before dinner and I was told that I couldn't have a cocktail because it was after 7 o'clock, however if I had food in front of me, I was allowed to have a drink before dinner. They took a piece of bread, laid it on a plate in front of me and said,,now you can drink as much as you want and as long as you want. Well as an attorney, I found that to be degrading because it breeds nothing but disrespect for all the laws if the law can be gotten around like that by putting a piece of bread in front of you. It was embarassing to me as a citizen of Miami to be with these people from out of town when we talk about Miami as the gateway to latin america and the vacation capital of the eastern seaboard of the United States and say that I have to have a piece of bread in front of me to have a cocktail before dinner on Sunday. Another thing I would like to bring out that I think is very important. This law that we have on our books today is the last remaining vestage of the blue laws in this City. As all of you know, the blue laws were promulgated years and years ago by certain religous denominations that had power control over the City. They said there was only one way to honor God and the only way to honor God is to do nothing on Sunday. Well we have gotten away from that a little bit and now the only thing we can't do to honor God is to have a drink except for 3 hours a day. That is a slap in the face to the Jews of this community. It tells the Jews to practice their sabbath on Saturday and to honor God the way a christian would do. It's a slap in the face to the great majority of Christian religions, The Roman Catholics and Episcopaljans to naive two who feel you don't have to stop everything to honor pod and that in fact, you can play professional football on Sunday and honor God. It's nothing , its not doing nothing doesn't honor God°in our religious beliefs but its the idea and the attitude that you have when you are doing something. If you are doing anything and you are honoring it up for God, you are honoring God and we don't feel that'we should be discriminated against because of other religious groups and have to follow their dictates. That's all I have to say. Mayor Ferre; A11 right Mr. Fitzgerald, the opponents I will recognize will be Reverend Williams Reverend Simons Mr. Conrad Willard Reverend King Those are the 4 speakers right. Nobody else is going to speak? _t�s reverend Wi.�ia:� _^ - + 3'e FEB 2 81974 4110 Gentlemen, would 4 minutes be enough for each of you? Is that accept» to everyone here? Rev. WilliaMst We are here and we were notified that this matter was coming up and we are definitely opposed to alcohol in any form and it in our Candid opinion that it ought not be used at all but if at all, not on the Lord's Day. I thought of other big operations in the County. The Jai Alai, they close on Sunday, that's legalized gambling and they make plenty of money. The Racetracks, Dog and Horses close on Sunday and they make plenty of money and our community is affected more by this liquor traffic than any other community in Dade County. We have problems of breaking and entering, stealing and killings and rape and all of these things as a results of intoxication and it seems to me that somewhere along the line, we ought to think more in terms of humanity than we do dollars and cents. I heard the gentleman say that he is a taxpayer. So am I. I pay taxes on 2 or 3 pieces of property to the City of Miami and Dade County and i certainly would like to see some piece and have some respect and some quietness on the Lords' Day. Right on the corner, just a block from where I live, are 3 supposed grocery stores that are nothing but fronts for illicit liquor, dope, gambling and other things. All of which stems as a result of intoxicated beverage^. Now I think I used my 3 minutes and Rev. Simms will continue. Mayor Ferre: A11 Light, Reverend Simms. Rev. Simms: Certainly we are here in behalf of the community. We have had dealings with crime prevention in this City and I am sure that all of us are aware that once a man becomes intoxicated with beverage, that he himself or she, is not in complete control and this leads to further trouble. We feel like the liquor in the State of Florida, the liquor dealers and the liquor licenses already have advantages. We also know what the bible says. I never have agreed with all those other activities on Sunday and I think he made it crystal cicar when he said, at one time religion did control but we seem to have gotten away from it. If we could close service stations on Sunday just because the president asked that it be done and approved by our Governor of the State of Florida, for the name of Christ, I just cannot see why that these liquor stores as well as bars couldn't be closed up on Saturday night at'12 o'clock and open up at 12 on sunday night. That's my position. They ought to be lclosed. Mayor Ferre: All right Reverend Simms. The next speaker will be Reverend Ring. Rev. Ring: I have a letter here I would like to read : A resolution adopted by the 79th Street Baptist Church, 2275 N. w 79th Street. Because of our respect for God's words, the Lord's day and the moral condition of our nation, we the members in a united ascent hereby adopt this resolution that we do detest any extension of hours on Sunday for the purpose of the sale of alcoholic beverages since sufficient hours during the week are sufficient in the state etc. Mayor Ferre: We have one last speaker, Reverend Conrad Willard. Rev. Willard: I am pastor of the central Baptist Church in downtown Miami, one of Miami's oldest churches and largest. I have been pastor there for 12 years and we have what is commonly referred to as a skid row mission. In this 12 years, there has been 15,000 men that have attended that mission on Sunday morning. At least 4 sundays. I am not an authority on the use of alcohol but I pose as an authority on the results of the use of alcohol. Everyday that I come into the downtown area and go into my church, I pick up wine and liquor bottles. I have from 5 to 20 of the products of the bars in that area into our church office and into my study where we try to furnish them with money and sometimes food and clothing and try to rehabilitate them. Its almost inconceivable to me that a Commission that is dedicated to the growth and upbuilding of this great metropolitan area would let a cancer grow in its heart such as this is. 38 Most of the people who frequent the places that you are going to open on Sunday and I will not`take issue with anyone who would question whether or not it be on Sunday because my church is one of the few churches that meets on Sunday evening and this will pone an additional problem but the idea that we could cause the inner oiti' the heart of this whole area to deteriorate further and though the proponent of this a moment ago spoke at some length at the honoring of God and how this might be done best, if there is only one law left that protects people from the results of this, then it seems in the name of fairness to the City and to the Christian community for that matter, that at least this one toe hold of what is right and good both for those who share in it and those who are its victims. I am speaking today not just for Baptists or just for Christians but awe member of the Downtown Action Committee of the Chamber of Commerce, I am greatly concerned that we try to build up the inner city. I could cite cases but time wouldn't permit that today of what this will do on Sunday. One day, one afternoon, one night. I believe it is incumbent on this Commission to take seriously to heart one thing that will help make Miami a better City. Mayor Ferre: All right ladies and gentleman. that we have gone into this and I think all of the arguments have been heard. I think. this Commission at this point is ready This is the second time the discussions and to vote. Mr. Tom Nesbitt: I respect the religous groups right not to drink but I don't feel that they should force their ideas on people that don't believe just as they do. We are asking for something that most of the other communities in Dade County already have and that is the right to stay open on Sundays. That's about all I have to,say. Mayor Ferre: tiny further discussion? Mr. Rodgers: My name is Langdon Rodgers. I would like to say firstof all that I have no financial interest whatsoever in the liquor industry. I am here strictly as a consumer. I vote. I go to Dolphin football games in the evenings. I do like to have a drink. I think this law is justly unfair to consumers as well as several independent bar owners that compete against large industries in their own industry. Mr. Simon: My name is Robert Simon. I am the proprietor of a bar. In the City of Miami. Inequity is the only question that I can see appears to be of importance in this particular connection. The inequity of Miami's Bars as opposed to those of bther communities, neighboring communities. Inequity between the licensee who operates his business within the City of Miami and his neighborhing competitors and the inequity between the patrons of the neighborhood bar who very often tend to drink in their neighborhood bar for several reasons. Mayor Ferre: Excuse me Sir but that's all been said before and if you have anything that you want to add that's new - we understand your position. Mr. Simon: I don't question your Honor that you understand my position. The question is that I actually wanted to make sure that everyone on the Commission understood it and I wanted to make sure that these people who oppose us should not really oppose us. I am trying to make a pointto them as much as I am to the City Commission. I am addressing myself again to the inequity of the patron of a bar who is not necessarily a drunk but he sits in a lonely furnished room, that he can't go and sit with his friends and have a few drinks. An awful lot of non-drinkers don't know that everything is not drunkedness. We are not attempting to increase the amount of drunkedness. We are appealing for those people who are not wealthy and who are not surrounded with friends and who do not have other comfortable environs in which they can socialize and the point being that it's not a question of --Well I think I made my points as clearly as I can. Thank you. 3d Rev. t_� ..2 Mr. Mayor, 1 just wanted to day that maybe they don't underrstanA our point and that is the destructiveness of alcohol upon the hullan individual. Mayor ?'erre Reverend, you have already said that and we understand that position. Rev. ? But maybe they don't. Mayor Ferre: You know what they have to say and you understand understand how they. feel about it. Mr. Cruz, you have anything new to add to this? Mr. Cruz: I represent the Hotel Association. I am Mr. Robert Cruz, 340 Biscayne Boulevard. I am the President of the Greater Miami Hotel and Motor Association. Many of you people have heard arguments in favor and against and I am not going to go into any of these. i in just going to say that the 50 odd members of our organization are in favor that this resolution be amended. Whether it be for tourists, for conventions, for everyday normal business, We are all in favor that this be amended. Thank you. Mayor Ferre: Thank you Sir. Now, lets hear the motions or discussion - is there a motion? Mr. Reboso: Mr. Mayor, the only thing that really worries me and I would like to ask Reverend Williams and Reverend Simms. We have been discussing this issue for the last 2 years and the only thing that looks unfair to me is that Dade County is open until certain hours and we are not in the City of Miami. Has the Reverend appeared before the Metro Commission to change those hours? To be reduced? Mayor Ferre: The question is, you are concerned about this. Have you appeared before the Metro Commission and asked them to reduce the hours? Unidentified Voice: No they have not had a public hearing. Mayor Ferre: Have you asked for a public hearing? Mr. Reboso: Because it isn't fair to the businesses in the City of Miami. Mayor Ferre: All right, the answer is no , they haven't talked before Metro. Anything else? Any further discussion? Who will make a motion? Mr. Reboso: It doesn't show here who made the motion the last time Mayor Ferre: It doesn't really matter. Does anyone want to make the motion now? No Ma'am, the public hearing is over now. All right, who wants to make a motion? Mr. Reboso: Well Mr. Mayor, as I said before, since Metro changed the hour, I would like to be consistent so I move this for approval. Mayor Ferre: All right, we have a motion for approval. Is there a second to the motion? Is there a second to the motion? There is a motion on the Floor. Is there a second to this motion? This is on second reading. Is there a motion to? - no Ma'am, this is not a public meeting anymore. We closed that. This is now amongst the Commission. There is a motion on the floor. I am going to call 3 times and if not,•then for lack of a second, the motion will die. Once - any questions? Twice - Three times. For lack of a second, Item 010 dies naturally. Mr. Attorney, where does that leave us on second reading? 40 FEB 28 Mr.tloydt That leaves ua, I will state for the record, that the ordinance is not passed as an ordinance because it was not passed on second reading. ordinances in order to be passed must be panted on 2 readings. It having been passed on first reading and not having been passed on 2nd reading, it is not adopted. Mrs. Gordon: Do we have to make any clarification by way of a vote' Mr. Lloyd: It is not necessary to make any clarification by way of a vote. The ordinance simply dies at this stage. Mayor Ferret all right. 27, ORDINANCE -PROVIDE MAXIMUM FEE TO BE CHARGED TO INSTITUTIONS OF ELEEMOSYNARY CHARACTER FOR CHANGE OF ZONING OR VARIANCE OR COMBINATION _THEREOF An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8195 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; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION AND PROVIDING FOR AN EFFECTIVE DATE was introduced by Mrs. Gordon, seconded by Mr. Plummer 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 Mrs. Gordon, seconded by Mr. Plummer 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. 8233. • 404 28. PROCLAMATIONS . CERni FtCA1 , - APPRECJ ATION PLAQUES SCROLLS. (a) Pnoctamation pneaented to Mna. Lewts S. Ro6en4teil dectati.ng Thum day, Match 1, 1974 as "POLL. h Amen.ican Pay in Miami" (b) Commendation - Cektidicate o6 Appreciation pnea ented to Vincent and Shieta Tambun.ino Loh their ga.t.tantny in aiding 066teen Vonatd' Bontand who waa shot and aeniouaty injured by a gunman geeing a nobbeny (e) Scnotte pneaented to 19 atudenta 6nom Argentina. Mn. Stuart Monniaon appeared with the atudenta Vx. Fennakto atao appeared. (d) Centi6icate o6 Appreciation to Mn. W itbent Sanchez, Touniat V tecton o6 the Mexican Government in behatd o6 hia e66ont4 in pnomoang touniam . (e) Pnoetamation and Ptaque presented to Atan H. Rothate.in, 6ormen City Attorney ,in kebogn.i#.ion don h.ia di t tgui4hed aenv.ice to the City o6 Miami and proclaiming, Friday, November. 21, 1973, as Alan H. Rothate.in Pay .in the City o6 Miami.. (6) Rea otution pnea ented to Mn. R. Hakkia Tunnen, 6ormen Aaa,iatant City Attonney.60h outatand.ing achievement daring h.ia aenv.iee to the City o6 Miami (g) Centidieate o6 Commentation pneaented to Mn. Nick Buoniconti, Miami Vo.tph.ina on. initiating the diet annual Att=Pro Footbatt Olympia to be tetevi6ed rcttionatty 6nom the Orange Bowt, the pnoceeda o 6 which w.itZ be given to Van.iety Ch.itdnen' a Hoap.itat. In connection with item "G" above, the following conversation: Mr. Coaster: I am Don Coaster, Adminiitrator of Variety Children's Hospital. On behalf.of the hospital, we would like to express our appreciation to you and to the City Commission for having given us the option of the Orange Bowl on that day and certainly to Nick for his great work in this. Further, we would like to petition the City Commission if they find it reasonable, to waive all but those necessary expenses at the Orange Bowl so the hospital can benefit and the children can profit from that particular event. Rev. Gibson: Do we need a motion? Mr. Andrews City Manager: I don't think the Commission should entertain this at this moment. I had better find out more about this because this affects the Orange Bowl in so many other uses. If we begin doing this, we are diluting the ordinance. Rev. Gibson: All right, we will leave it with the Manager. Mr. Plummer: When is this scheduled for? Mr. Coaster: March loth. Mayor Ferre: We could always waive it after. ,I think the point is that we have to research with the bonded indebtedness whether or not we are permitted to do this. I am going back to 1967-68 and this was brought up before this Commission on several occasions and we were not allowed at that time to waive it because this was a violation of the bonded indebtedness. FEB 281 Mr. Andrews: Mr. Mayor, the Commission recognises that Variety Childrene Hospital is a very worthwhile cause. Mr. Coasters 1 will withdraw that petition,Mayor and work with the City Manager. • 291 COCONUT GROVE ART FESTIVAL FUTURE PLANNING FOR TRAFFIC PROBLEMS AND POSSIBLE CLOSURE OF STREETS DURING THE FESTIVAL Mayor Ferrer Presentation to Coconut Grove Association Inc. Mrs. Maisie Beller and Hugh Black, Glen Wiggins come forward. Hugh, I will recognize you at this time. Mr. Black: Mrs. Beller is out of the city on vacation and we are appear- ing in her stead. As you know the past 11 years she has been very active in putting together the administration of the festival. Mr. Wiggins is a member of the board of directors 'of the Coconut Grove Association and was chairman of our Marshal's this year during the festival. I am serving this year as president of the association. We are particularly grateful of the complete cooperation that we received from the City and all of the city's departments this year and other years. This year we had the coordinated efforts of the Parks Commissioner, the Off -Street Parking Commissioner, the traffic commiss- ioner, Director of Public Safety, our Chief of Police, the Recreation Commission, Public Affairs Commission, our Park Commissioner and our Sanitation Commissioner and with all of these men and women working together, we had the best city services we have ever had helping us with public safety, with sanitation, with traffic control for this years festival. As a result it was the most successful festival we have ever had and I might note that we had a larger attendance this year than ever before according to official police estimates, we had over 260,000 people in Coconut Grove over .the 3-day period which according to their records is the largest number that has ever attended, so we are very grateful for all of this assistance and it has allowed us to have and will allow us to continue to have a tremendously successful event. The Commission might note that this is no longer a local event or even a statewide event. It is a national event. People come from California, Maine, Illinois, the midwestern states and we have a large representation from outside the state as well as inside the state, so we are very grateful for all your assistance and cooperation in the past and in the future. There are 2 ideas we would like to leave with you today for your consideration, and perhaps for your discussion later. We feel that the village core can no longer sustain the tremendous impact of populations that we have had during this year festival and in recent festivals, therefore what we would like to propose next year is that the area known as Mc Farland Road to the Bay to the Intersection of Grand Avenue and Main Highway be blocked off during the 3-days of the festival and the eastern 2 lanes of South Bayshore Drive from Mc Farland to 27th Avenue, so that the western two lanes could be used for parking and ingress and egress of the buildings along Bayshore. We think this will make a more compact, contiguous area which will be easier for us to administer and we feel it will be a safer area and we won't have difficulties for instance getting ambulances in or any other city vehicles that are necessary. Another thing, we would like the City to have in mind is that since it is a national event, and since we have national coverage, that the City consider providing a purchase prize for the winner in one of the categories, whatever you decide. It could be acrylics, it could be oil, ceramics but because we get coverage in national media, Newsweek Magazine, the New York Times, Chicago Tribune, we feel that the City should be represented in this event as well, and I think this would be healthy for the City. It would heighten our cultural recognition throughout the nation and we would like to leave that thought with you for your consideration,. FEB 28197 Rev. Gibson: What about participation in this event? A Puerto Rican young woman cache to me rather disturbed. I don't remember all the detail but what I am saying is for some reason, it May not be appropriate to tell me now but I want to say this. 1 hope we can make our peace on that matter. Mr. Black: Fine, I will be happy to discuss our procedures with her Commissioner. The show is open to anyone to apply. We have a mailing list that has over 2,000 names on it and every year we send out the applications to anyone whd asks for them. Of course, once the applications are received, the artists presents his or her work to be juried. This is usually a kodachrome slide so the Judges can decide impartially without even knowing whose slides they are or where they came from, whether the work presented is of the level of the Arts Festival. That is a professional level, not a Sunday afternoon painter or an amatuer artist. We are interested in a professional rendering of work and it could be that the particular young lady has applied work that was not up to the professional standards which we as an organization like to maintain so that those who come to the arts festival can see, not an amatuer show, not a show put together by part time artists, but the very best talent that is available nationally. Rev. Gibson: All right, let me say this. I want the Commission to hear me because remember you are going to be letting out money sooner or later. I hope, I hope that your prerequisite and I want you to take this back to them, is not of such that it precludes - You understand my language? Beautiful, I am not going to say any more than that. Mrs. Gordon: Well I want to commend you. The festival was outstanding. It's grown like topsy and I would like to say in the form of a motion that the Manager get together with the organization and plan for next year so that traffic can be handles in a more efficient manner than it was handles this year, perhaps•even closing off the streets that were mentioned. We have to say that we leave this to your judgment in working this out and that as part of the motion, I would like to see that the city participate in the award that has been requested because it would bring to us a great deal of publicity in addition to the publicity that we presently receive which is a tremendous amount of goodwill created and it is created all over the United States because this is publicized all over the United States by invitation to artists etc. I would even like to think that we would participate on some of the expenses of publicity in making this known, not only in the United States and in the invitations to artists but into South America and all over the world because this is truly becoming an International type festival and I make this in the form of a motion to you Mr. Andrews. I am not setting amounts or anything at this time. Mr. Andrews will have to determine what is feasible. Mayor Ferre: There is a motion on the floor. Mr. Plummer: (Remark inaudible) Mrs. Gordon: Along the lines of what I have enumerated. Don't split hairs so. Mayor Ferre: She wasn't specifying any money here and its a question of the Manager getting involved in it and all she is doing is asking the Manager to get involved in it and lay out the peramaters of how far he can go and that doesn't commit this Commission to anything. Mrs. Gordon: That is correct at this point in time. Mayor Ferre: Who seconded the motion? Oh, Plummer, call the roll. 441 FEB 28l974 The following motion vas introduced by Mrs. Gordc.iwho moved its adoptions MOTION NO. 74-129 A MOTION REQUESTING THE CITY MANAGER TO CONSULT WITH THE COCONUT GROVE ASSOCIATION INC., AND PLAN FOR NEXT YEAR'S COCONUT GROVE ART FESTIVAL IN AN ATTEMPT TO COORDINATE TRAFFIC FLOW AND CROWD CONTROL, AND EXPRESSING THE DESIRE OF THE COMMISSION THAT THE CITY PAR- TICIPATE IN THIS VENTURE TO WHAT EXTENT IT CAN DO SO FROM A PUBLICITY STANDPOINT Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None The Mayor then presented a Certificate commending the Coconut Grove Association Inc., for its outstanding efforts in the conducting of the 1974 Coconut Grove Arts Festival. Mr. Black and Mr. Wiggins appeared and accepted the award. 30, AMUSEMENT RIDE PERMIT ST. KIERNANS CHURCH APR.20.21 - 1974 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-130 A RESOLUTION AUTHORIZING THE ISSUANCE OF A. PERMIT TO ST. KIERNAN'S CHURCH FOR AMUSEMENT RIDES ON THE SCHOOL GROUNDS AT LASALLE IMMACULATA SCHOOL, LOCATED ON SOUTH MIAMI AVENUE ON APRIL 19, 20, 21, 1974, SUBJECT TO CERTAIN TERMS AND CONDITIONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) 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 Mr. Plummer: Mr. Mayor, Item 16"I", r will move it except for condition 1. I am told there is a typographical error. Instead of 3 days, it should read 7 and I move it with the 7 day provision rather than the 3. 4, FE8 28 3 . ALLOCATE $22)000 FROM 1972 PARK AND RECREATIONAL BOND FUND PO LEGAL COUNSEL IN CONNECTION WITH CONDEMNATION OF PROPERTY FOR EXPANSION 0PWAi NWRi CHT. _.PARK The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-131 A RESOLUTION ALLOCATING $22,000 FROM 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS TO PAY FOR FEE OF SPECIAL COUNSEL TO THE CITY OF MIAMI FOR LEGAL SERVICES IN CONNECTION WITH THE CONDEMNATION OF PROPERTY FOR THE EXPANSION OF WAINWRIGHT PARK (Here follows body of resolution, omitted here and on file in the City Clerks Office) 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 32, AUTHORIZE AGREEMENT MIAMI PROFESSIONAL SPORTS LTD.+ MIAMI TOROS SOCCER CLUB FOR SCHEDULER usg 0 F ORANGE BOWL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-132 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN MIAMI PROFESSIONAL SPORTS LTD., MIAMI TOROS SOCCER CLUB AND THE CITY OF MIAMI FOR THE SCHEDULED USE OF THE ORANGE BOWL STADIUM, A COPY OF WHICH IS ATTACHED AND MADE A PART HEREOF (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. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None In connection with the adoption of the preceding resolution, the following conversation: FEB 2 8 Mr. Andrews: In explaining Item 16 "L", the Toros now in each one of their games, COMO to the City of Miami, fill out an application. We review 'it, for each of their games in a given season. We are asking the Commission to give me the authority to enter into a 1-year agreement rather than have individual agreements for each game. They still follow the ordinance and all the requirements but this eliminates filling out an application for every game they have. Rev. Gibson: Don't they rent, contract or lease? Mr. Andrews: No Sir, they do it on an event basis for They follow the ordinance requirements and we make out for each single game. They will still provide all the same provisions except one contract embracing all the games they play for the every gains. a contract we will have season. Rev. Gibson: Let me tell you why I am concerned. I don't know understand this Mr. Mayor. These people are part of a number, you know? Mr. Andrews: Part of what? They have been - come into the City and for each game - Rev. Gibson: Mr. Andrews: Rev. Gibson: All right, go ahead. For each game - Oh I see. if I Mayor Ferre: The point we have to clarify is that this in no way affects Paul's long term lease negotiations. Mr. Andrews: None whatsoever. This is really a convenience to both the City and them. Rev. Gibson: I understand. 33, CONFIRM ACTION OF CITY MANAGER AWARD $2,300 CONTRACT FOR DEMOL- ITION OF BUILDINGS FOR DEVELOPMENT OF FT. DALLAS PARK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-133 A RESOLUTION CONFIRMING THE EMERGENCY ACTION TAKEN BY THE CITY MANAGER AWARDING A $2,300 CONTRACT FOR THE DEMOLITION OF TWO BUILDINGS ON PARCEL NO. 7093-A RECENTLY ACQUIRED FOR THE DEVELOPMENT OF FORT DALLAS PARK TO BEN HURWITZ INC. (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 4't FEB 28 40 34, AUTHORIZE pSCITY ATTORNEY TO J��FAI.l.01V_vs. CITY - OF MIAMI Mr. Plummer: I think «a should have some discussion about this. What happened? Mr. Lloyd: In the boat removal process pursuant to the ordinance, this boat was removed by city forces. The owner claimed that it was removed negligently. It was removed, it was a valid existing boat and the only question that was involved as to the value of the boat. The value was claimed at over $7,000 in addition to loss of income and by dilligent discovery and action subsequent to litigation proceedings, we were able to knock down by our discovery, the value of the boat and also the lack of earning capacity in the sum of $1,500 and therefore we recommend - Mr. Plummer: Mr. City Attorney, that's not what I am getting at. Who goofed? Obviously somebody goofed, I want to know who. Mr. Andrews City Manager: It's not a question of a goof, its a matter of judgment after Commissioner Plummer - Mt. Plummer: Paul, I read here and it says one word - the city was negligent - that's a goof. Mr. Andrews: That may be a goof to you but that represents a judgment factor as far as I am concerned in that we have the responsibility of clearing up these waters here with sunken boats and other boats. One of the boats that we thought was derelict, was assessed as a derelict, and one that should have been moved from the area it was in, it was later found that other judgment factors applied and there was a claim against the City for removing for what was believed, a very valid boat. Mr. Plummer: Was this owner notified? That his boat was in an area and was to be moved? Mr. Andrews: Yes, we go through notification process and we post the boats and apparently he did not respond but later he had a claim in Court through due process and the City Attorney's office felt from their findings apparently, I will let him speak for himself, that there was sufficient evidence to show that there was value in this - Mr. Plummer: I don't think that's the question I am trying to resolve in my mind as to whether or not there was value. The man from what I am getting at was either derelict in not moving the boat or he wasn't. That's the factor I am getting at. To'remove an abandoned automobile, you have to follow certain procedures. The same procedures apply here. I really don't see where the City owes him anything. That's the point I am making. Mr. Lloyd: The reason we are doing this or recommending this is an item called exposure. This is going to be a question for the jury to decide and as our memo says, because of the distinct possibility of the establishment of liability for the taking and destruction of the plaintiffs vessel. Mr. Plummer: But didn't we have that right? Mr. Lloyd: We have the right but we destroyed, rather than we took the vessel which was apparently a good vessel, was destroyed. In other words, we are not talking about the taking, we are talking about the destruction of a valuable - Mr. Plummer: Oh I understand. In the process of moving it, the vessel was damaged. Mr. Lloyd: That's the problem. Mr. Plummer: I'll move it Mr. Mayor. 4s The lollowinq resolution was introduced by Mr. Plummer who Moved i.te adoptionf RESOLUTION NO. 74-134 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO SETTLE THE CASE OF JAMES FALLON VS. CIT1 OF MIAMI, DADE COUNTY CIRCUIT COURT CASE NO, 72-239 IN THE AMOUNT OF FIFTEEN HUNDRED ($1,500.00) DOLLARS (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 35, DISCUSSION OF FUTURE RECOGNITION OE.- THE MIAMI DOLPHINS ALso INCLUDING _NDNORING E. SEILER Mayor Ferre: I completely agree and as a matter of fact, I initiated the petition with the Manager to see if we could do something to recognize the Champion Dolphins that we are so proud of in Miami. They brought us great honor in the past years. I think they have done enough for us that we really should do something to recognize them more than just giving them a proclamation. I requested the Manager to investigate the possibilities of naming one of the main streets Dolphin Way perhaps in recognition also of Shula, Don Shula as the Coach and Mr. Joe Robbie as the general partner of the Dolphins. He has had the courage, patience and the fortitude to see this through to the excellence it has achieved. We re -name some of these plazas and streets. Since that time, Mr, Ernie Seiler, who has served this community with great distinction for 40 years working at one time with the City of Miami with the Parks & Recreation Department and went on to become the Director of the Orange Bowi which has given us so many years of pleasure and enjoyment, as a community and we ought to recognize perhaps the Orange Bowl -- Rev. Gibson: Why don't we ask the staff to include that - I think the man deserved a lot of credit. Mr. Plummer: Hopefully we are going to have more teams and more honors to bestow on more people in recognition of what they have done for Miami and in particular the Orange Bowi. I would give consideration to this Commission that we give consideration to the area shown on this map as Shula Plaza for maybe thinking along the terms of winners circle or something of that nature where an appropriate monument or something could be erected. You know we only have so many streets. We have only one plaza. Maybe we could do this in the form of having in Bayfront Park where a bust is put of Ernie Seiler outlining his dedication and to the Dolphins for bringing 01 to the City for the first time and whatever you want bUt what I am saying is you are not limited by the number of streets or little park. 4 FEB 4110 Mayor Ferret That's very nice, Mr. Plummer. Now let me say this. 1 don't think you can find very many people that have had forty years,of service and that have done as much as Ernie Seiler has done, and 1 would recommend, and this is just my personal thought, that instead of having Dolphin Way, Robbie Road and Shula Plaza, that we combine Shula and Robbie together and that we have Shula Robbie, or Robbie Shula Plaza or what- ever you want to call it.. That what you have as Robbie Road, that what you, Mr. Manager have indicated as Robbie Road that that become Dolphin Way because I think it is a much more im- portant thoroughfare. And that what you have as Dolphin Way become Seiler Way, or Seiler Road, or whatever you want to call it. And then that you make this Plaza here the Robbie- Shula Plaza. Now that is the second part of this, now what I think we ought to do is on separate occasions, cause they're separate matters; that we ought to, when we dedicate this, put a proper sign, proper street signs, and a proper plaque point- int out what the Dolphins have done, and what Ernie Seiler has done and maybe for the Dolphins, we ought to have a little parade, get all the players out there, and maybe have some kind of a ceremony for them. I am sure they would be happy to cooperate in that. Mr. Andrews: Mr. Mayor, and Members of the Commission. May I suggest that one of you or you designate me to communicate with Mr. Robbie and consult with him as to how they would like to have this occur as far as the dedication ceremony. Mayor Ferre: Well, the first thing we have to do is see if we are in agreement, or whether you want to give it to the Manager for more consideration. Reverend Gibson: Mr. Mayor, why don't you ask the Manager and the staff to take into consideration your suggestion and J.L.'s and by all means Ernie Seiler. Man, I remember when the first Orange Bowl on 36th Street and 7th Avenue, when I came back from school. Mayor Ferre: A11 right, come back with it on the 14th. 36. ALTERNATE MEMBER; FOR IRE_ PLANNING fVISORY BOA fl ANn ZONING BOARD Mrs. Gordon: I wanted to call the department to speak first to tell us what happened on Monday night at the Planning Board. Mayor Ferre: Rose, we have been all through that. Monday night there was hardly, there was almost no meeting because they just barely made the quorum and that has happened before, and we know that, so let's not... Everybody knows what is in- volved in here, we have talked about it with Dr. Bartley. Mr. Andrews: I would like to point out one thing in this matter, as the memo indicates that'we sent to you, there would be a cost of $5300.00 to provide for both members. We are not sure that the fees scheduled that we have established is going to carry the activity for the rest of this year and I know what the Am- bitions are of this commission are as far as providing alternate members. My suggestion to you is to at this time, appoint one alternate member for each board until October 1 when we will be reconsidering the budget. 414 4 Mayor Ferre: Well, that is up to the commission. If you proA. vide pay it would be 26 or $2700. Let me give you my recom- mendation, I think that it is worth while that since it has been recommended by the professionals, and I think the admin- istration has al%o recommended this, and I voted against it. Who was it that recommended it? Mr. Plummer: Bartley. Mayor Ferre: Dr, Bartley recommended this and at that time, I remember when we heard it and I was interim Mayor, I voted against that. And I would vote against two, because I don't think we need two. Mrs. Gordon: Mr. Mayor, the Planning Board doesn't need two, but the Zoning Board does need two. Mayor Ferre: Let me finish, Rose. I think that to have one person as a pinch hitter in there so that if there is an absence provided that person meets, and is there all the time, that that might not be such a bad idea. That is just a personal opinion. Mr. Gordon: if you will check the records, you will find that sometimes, and very frequently, a member checks in and leaves early. You have to recognize that at some portions of every meeting you are not sitting with a full board. I believe you are being penny wise and dollar foolish in not providing the proper number of persons to service the public, because we have to advertise, and re -advertise and spend money in this fashion when we defer and delay items. Mayor Ferre: I would like to point out one other thing and this is just my personal opinion. That if this is acceptable to the commission, the appointment of those members is going to be on a democratic way, the same way that we did it last time. The names are going to be submitted and we are going to vote on them, and it is going to be whoever has the majority. Reverend Gibson: Mr. Mayor, I'm opposed to this. I believe that you've got a committee, you've got a board, and the board must either attend or resign. Or we can come to it another way. Instead of having "X" number as a majority, change the number. Let me tell you what you need to keep in mind. It starts out now as a very minor, harmless thing, but it can be a red hot potato later on. Look, you don't have nobody substituting for me man on this Commission. I either have to cut the mustard or get off. Now I think that all we are doing is' increasing our problem... and I'm not about to increase mine. Now those that we have put on there, if they can't produce, can't attend the meeting and their business is such, they ought to say to us; Please, let me get off. Mayor Ferre: Well, let me tell you what let's do, because we have all gone through this, we all have opinions, let's see who makes the motion. Mr. Gordon: I'll move that we have two members on the Zoning Board and one on the Planning Board. The reason being, and I qualify my reason for doing this. Because the zoning has the final hearing on these variances and conditional uses and the quorum is higher and necessarily so, because these are very serious judgements that are being made on this board because of illness, and there has been a great deal of illness around lately, it is causing absentees and also because of other reasons some members find it absolutely necessary to leave before the meetings are over. Because of the fact that the total expend- iture to the City is not exceeding what the City had last year J1 /014 in its single board, 1 remind you that we had nine members, and we paid there $200.00 per month. May t remind you now, that we have seven members receiving = seven on each board, a total of fourteen receiving $100.00 per month. Therefore, even if we increased this to two alternates on each board, we would not be exceeding last years expenditures. Therefore, if we have two members on the Zoning Board which are absolutely necessary and one on the Planning Board, we will still be saving money. Mayor Ferre: All right, we have a motion, is there a second to the motion? Mr. Plummer: May I ask does the motion include the compensation? Mrs. Gordon: I just said. It includes compensation, and it still saves City money over the amount of money that was spent last year for the same services in a less efficient manner. Mayor Ferre: We have a motion, is there a second? Is there a second to the motion? Going once, is there a second to the motion? Mrs. Gordon: I don't think a motion needs a second, Mr. Mayor, on Mason's Rules, and we are operating under Mason's Rules. Reverend Gibson: Mr. Mayor, so you know where I stand. Any rule you use if you have to vote, I am prepared to vote. I don't think we need to beat the devil around the bush forever on this matter. Mayor Ferre: Father, that is fine but this is a matter we can resolve fairly easily. If we ever get into a very heated de- bate, the reason we have rules and regulations is so that we know how we are governed. Now there is no question that under our rules a motion needs a second, is that right, Mr. Lloyd? Mrs. Gordon: Not in Mason's. Mr. Lloyd: Mason's rules do not require a second. It depends on which rules we are going under. Mayor Ferre: What rules are we going under? Are we under Mason's or under Robert's? Oh, we are under Mason's, that's right. Mr. Lloyd: I think we are under Mason's rules, if I am correct in remembering that there is a resolution of the Commission. I think we are under Mason's rules at this moment, which does not require a second. Mr. Plummer: I tell you what, I'm going to make it simple for you Mr. Mayor. There is nothing from me to second her motion and voting against it. I second the motion. Mr. Gordon: You don't have to, Mr. Plummer, if it hurts. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8195 BY PROVIDING FOR THE APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE PLANNING ADVISORY BOARD AND TWO ALTERNATE MEMBERS F0 THE ZONING BOARD OF THE CITY OF MIAMI; AND PROVIDING FOR A SEVERABILITY CLAUSE. 5ei 2/28/74 paaged on its first reading by title at the meeting of February 6th, 1914 was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Plummer, the ordinance whs thereupon given its second and final reading by title and failed to pass by the following vote - AYESt Meaeera. Mrs. Gordon. IDES: Plummer, Reboso, Gibson and Mayor Ferre. Mayor Ferre: Now wait a minute, Let me see if we can get some- thing out of this. I think that we ought to have one member on each board and here is the way we ought to do the pay. Paul, we have a new fee and schedules. These people are going to have to serve without pay unless there is sufficient money in the budget, and then you will have to pay them retroactively. That way they will understand, that if there is money, and I think , our guess is that there is going to be money, you shake your head, you don't think there will be. Mr. Andrews: No. Mayor Ferre: You and I talked about this a little bit and you said maybe the new fees might have enough money. Mr. Andrews: Right, but when we said that, we did not have the information that we have now. Mrs. Gordon: Can you tell me why you can't make it this year and you made it last year? Mayor Ferre: Because it isn't in the budget, that's why and the difference is, last year it was budgeted and this year it isn't budgeted, and therefore, there is no money in the budget. Reverend Gibson: Mr. Mayor, I call an order of proceedure. You just voted down not to do it, now we are trying to get in the back door when we couldn't get in the front door. Now Mr. Mayor, I call a point of proceedure. Now you talk about if you had the money. We voted not to do it. Mrs. Gordon: Father that was 2 and 1. Now we are going to go 1 and 1. Reverend Gibson: All right, let's call the motion. Look man, we don't have to stay here all day. Mr. Plummer: Who made the motion? Mr. Gordon: I did. Mr. Plummer: you can't make a motion. Your's failed. Mrs. Gordon: That's tough, I made a different motion. I'm making a new one. 1 and 1. Mr. Plummer: What rules are we operating under now? Mrs. Gordon: Nobody precludes me from making a different motion, Mr. Plummer. Mayor Ferre: She can do that J.L., she can make a motion---_. Mrs. Gordon: Come on, read Mason's Rules or any other rules of order. Mayor Ferre: This is a motion now that we have one and one, and they not be paid unless we have the money. And if we have the money, then we pay retroactively, is that your motion? 5- Mr. Plummer: Are we under discussion? Mayor Ferret Wit a minute, is that your Motion? Mr. Gordon: I don't care, the money is a secondary factor. The factor is we need people to take those vacant seats. Ok, that is the motion. Mayor Ferret Is there a second to the motion? Mr. Plummer: I second the motion. Mayor Ferret There is a second to that motion. Is there any further discussion of it? Mr. Plummer: Yes, Sir. I.think that it is about time that this commission did what it did two years ago, and either tell these people that are members of these boards to attend these meetings as we do here as elected officials, or get the hell off the board. Now I want to bring one other thing to your attention you quoted, when it was convenient, that of Dr. Bartley. I want to go back to the original proposal of Dr. Bartley, and lets bring that out on the. floor. That none of them get compensated, that was his original proposal. Now Mr. Mayor, I don't like the idea of creating bull pens. Now either the members that we appoint to these boards attend these meet- ings, or we get people who can. Now I am sure that there are legitimate times that a person is sick and can't make it, but those are the calculated risks that we have to take. To create and spend $5300.00 more of tax payers money, I don't think is right. I think that the time has come that we can't say that just because last year it cost X number of dollars, I thought we proposed this new system to improve the system, which means to streamline and one of the purposes to reduce to seven members was that it would be a cheaper board in dollars. Now I just can't sit here in good conscience and spend another $5300.00 to create a bull pen in -case somebody doesn't show up. That is my thought. Mrs. .Gordon: I would like to correct something which you said which is inaccurate, Mr. Plummer, The board was not created to be a seven member board to save dollars. The seven member board was created because it seemed to be a feasible number. If you create a nine member board and you have absentees, you still have the same problem, therefore, the proposal to have alternate members was that the nine person involvement still be there, and that was part of the thing and if any of you had taken the time to attend some of these task force meetings, you might have known why and what it is all about. Mayor Ferre: Yes, that's fine. We don't need that kind of comment here, Rose, so lets get down now to the voting. We understand what we are voting on. This is one and one with- out pay unless there is money available. All right, call the role. Thereupon the ordinance, as amended and entitled: AN ORDINANCE AMENDING ORDINANCE NO. 8195 BY PROVIDING FOR THE APPOINTMENT OF ONE ALTERNATE MEMBER TO THE PLANNING ADVISORY BOARD AND ONE ALTERNATE MEMBER TO THE ZONING BOARD OF THE CITY OF MIAMI; AND PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR COMPENSATION TO ALTERNATE MEMBERS RETROACTIVELY IF MONEY IS AVAIL- ABLE FROM FEES COLLECTED FOR THE BUDGET YEAR 1973-1974. 5& 2/28/74 01, was introduced by Mrs. Gordon, seconded by Mt. Pluinner, and passed and adopted On ite second and final reading by the following vote: AYES: Messrs. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: Plumper and Gibson. Said Ordinance Was designated Ordinance No. 8234. Mr. Lloyd: Now then, what we are going to have to do is, we will have to reo-prepare this ordinance because ... Mayor Ferre: That's right. This is first reading, you will have to prepare it and we will have to have a second reading on March the 14th. Mrs. Gordon: This is the second reading, Mr. Mayor. Mayor Ferre: As amended? Mr. Lloyd: We will have to redraft the ordinance, then and submit it this afternoon. Mayor Ferre: How can it be second reading, when we just voted -- Mr. Plummer: The first reading was so that we could have a second reading and it was to be a report back from the --. Mr. Lloyd: Is that this year, your provision, is that this year providing there is money available or every year there- after? Mayor Ferre: This year only. Mr. Lloyd: We keep running into trouble with appropriations. You haven't appropriated money. Mayor Ferre: Mr. Lloyd, the motion as it was stated had no provisions for money, it was only on a contingency that if money were available at the end of the budget year from the fees that the attendance would be paid retroactively. Now let me state this. When budget time comes around, we will deal with that next year of the budget because if this doesn't work out this commission may reverse itself and eleminate this thing. Mr. Southern: Mr. Mayor. This then will just be a motion to amend the proposed ordinance and provide for one --- Mr. Lloyd: Well, on second reading if this is on second reading -- Mayor Ferre: This is amending ordinance No. 8195 by provid- ing for the appointment of one alternate member of the Planning Advisory Board and one alternate member to the Zoning Board of the City of Miami; and providing for a severability clause and providing for payment on a retroactive basis, if money is available from;the fees schedule as presently set up by the City of Miami Commission. 37, REPEALING SEC 2-107 CONFLICT OF INTEREST BOARD An Ordinance Entitled: AN ORDINANCE REPEALING SECTION 2-107 OF THE CODE OF THE CITY OF MIAMI WHEREIN A CONFLICT OF INTEREST S) 4 4 BOARD tS OREmiED To HEAR C`' lPLA/ TS ; PROVIDING FOR ITS DELETION PROM THE COM REPEALING ALL ORDINANCES* CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. passed on its first reading by title at the meeting of February 6th, 1974, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Reboso, Reverend Gibson, Mrs. Gordon, Plumper, and Mayor Ferre. NOES: None. Said Ordinance was designated Ordinance No. 8235. 38, INCLUDE SOCCER EVENTS UNDER ORANGE BOWL PARKING PERMITS An Ordinance entitled: AN ORDINANCE DELETING SECTION 39-24 OF THE CODE OF THE CITY OF MIAMi, FLORIDA IN ITS ENTIRETY AND SUB_ STITUTING THEREFOR A NEW SECTION 39-24 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; REPEALING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI.. (ORANGE BOWL -SOCCER PARKING). passed on its first reading by title at the meeting of February 6, 1974, was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre. NOES: None. Said Ordinance was designated Ordinance No. 8236. 39, AUTHORIZE $10,000 TRANSFERRED TO BUDGET OF THE OFFICE OF THE CITY CLERK_ ADVERTISING EXPENSES ETC. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-135 A RESOLUTION AUTHORIZING THE TRANSFER OF $10,00 0, FROM THE CITY CLERK -ELECTIONS TO THE OFFICE OF THE CITY CLERK FOR THE PURPOSE OF FUNDING UNFORSEEN ADVERTISING AND OTHER OPERATING EXPENSES. (Here follows body of resolution, omitted here and on file in the City Clerks Office) 5u 2/28/74 401 40 Upon being seconded by Mt. Reboso, the resolution was passed and adopted by the Loliowing vote ` AVESs Mrs. Gordon. Mr. Plummer, Mr Reboso, Reverend Gibson, and Mayor Perre. 40, DENY TRANSFER OE_ $2.300. TO. CITY COMISSION RERICET. FOR SALARY & EQUIPMENT COSTS Mayor Ferre: Now, on to 43-b. Mr. Plummer: Which is being handed out now, a resolution authorizing the transfer of $2,300 from the Contingency Fund to the City Commission Budget. I will move to deny. Mrs. Gordon: What is it for, Mr. Andrews? Mr. Andrews: This is to cover the cost of the equipment that was purchased within the City Budget and it's really for that purpose. Mayor Ferre: Wliat do you mean equipment? Mr. Andrews: These are desks, typewriters, and the other equipments serving the secretaries. Mr. Gordon: Well why wasn't that prepared in the budget for the year? I don't understand. Mr. Andrews: It was. There was $8000 apiece for four people, plus an allowance for equipment but the way we have employed the people, it is not possible to hire the fourth person and we have created a slight deficit in the equipment account. This is necessary, and no more expenditures of that type would be made, but this one is necessary. If you don't pass this, I am going to have to go back and figure out some other method. This cost has to be covered. Mayor Ferre: There is a motion to deny Mr. Reboso; I second. Mayor Ferre: There is a second on the motion for denial, is there any further discussion? Thereupon the motion to deny, introduced by Mr. Plummer, seconded by Mr. Reboso, was passed by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, and Mayor Ferre. NOES: Mrs. Gordon. 41, RATIFY ACTION OF CITY MANAGER SUBMIT APPLICATION FOR GRANT NATIONAL ENDOWMENT OF THE ARTS DEVELOPMENT PLAN FOR THE M I AM I RIVER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-137 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION 5 / 2/28/74 TAKEN By THE CITY MANAGER IN SUOMI _ING A GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR THE PURPOSE OP PREPARING A DEVELOPMENT PLAN E'OR THE MIAMI RIVER AND TO PROGRAM RIVERPRONT RECREATIONAL AND EDUCATIONAL ACTIVITIES TO BE CARRIED OUT IN CON.. JUNCTION WITH THE BICENTENNIAL CELEBRATION. • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 42, NEGOTIATE WITH DR, J, TOOMER AND JOSEFINA SANCHEZ PANDO FOR ONE YEAR CONTRACT TO CONDUCT PROF,SERV-TESTING $ RECRUITMENT Mayor Ferre: You want to explain 45? Mr. Andrews: 45 is the rescinding of a former resolution where you authorized me to hire the two people that are now operating in the Civil Service Office. I found a way to hire them as part of the City Manager's Staff, and this resolution is needed and it should be rescinded. Mayor Ferre: Is there a motion? Mr. Reboso: I move it. Mrs. Gordon: I have a question. Where do you get the money to pay these salaries? Mr. Andrews: The salaries for these two positions was set up in the Civil Service Budget to employ these two people, but rather than doing a contract for using that source of funds to pay these people, but they are being hired as a part of the City Manager's Staff under the Community Affair's Office. We're budgeted in the Civil Service Office. Mr. Gordon: Then you're taking the money back from Civil Service Budget. Mr. Andrews: We're not taking it back, as much as we are paying it out of the Civil Service Office but we hired the people under my authority through the Community Affairs Office rather than do it by contract. Mrs. Gordon: Why? Mr. Andrews: Because it is a better way to employ people if you are going to keep them on a continuing basis through this manner than it is to hire them through contracts. Mrs. Gordon? What is the salary? Mr. Andrews: The salary for Mrs. Sanchez was $17,000 from my memory and the gentleman, Mr. Toomer was hired on an hourly basis, at this time at $10 an hour. And he is employed 6 to 8 hours a week now during the summer session he will be employed 58 FEB2 gok approximately 20 hour* a week. Mayor Ferret Isn't that full time? Mr. Andrew*: NO, not yet. Mrs. Gordon: You mean one is full time, Mr. Andrews: That's right. We could not from his responsibilities with the school him full time, and this was by choice. • and one is part tiMe? get Mr. Toomer severed inorder to employ Mrs. Gordon: When he gets to be full time, will his salary be the same? Mr. Andrews: I don't know if .. If he were to be hired full time, yes. But I do not know if we will be able to attract him and retain him on a full time basis. Mr. Plummer: What Mrs. Gordon is getting at, and she makes a good point. They are both going to be doing the equal, same job and she wants, it is for the woman's thing that they are both going to be compensated the same, and I think it is a fair question. Mr. Andrews: But the point is... The lady at this point is receiving far more money. Mrs. Gordon: Why? Mr. Andrews: Because she is full time. Mrs. Gordon: You don't answer my question. If part time serves your purpose, why are you hiring full time. I'm not saying you shouldn't have full time, I just don't understand your analogy. , Mr. Andrews: Part time does not fulfill the service require- ment. We wish we had both people full time. The best we could do was to hire Mr. Toomer, who we wanted very badly because of his background and his experience, he is a black man, he is a doctor, he is professionally skilled in this area and we hope that we can attract him full time. The offer was on a full time basis but the best arrangement we could make was to attract him on a part time basis. And he is making a signifi- cant contribution. Mr. Reboso: I wonder if we can have both doctors here March 28th. Mrs. Gordon: I don't think its necessary. Mayor Ferre: I•think it is'important. Mr. Reboso: I would like them to report to us the progress they have made...(interruption by Mrs. Gordon). Mayor Ferre: Let's vote on this one and then if you will make a motion on the other one. Is there a motion to rescind this resolution? The following resolution was introduced by Reverend Gibson who moved its adoption: 2/28/74 RESOLUTION NO, 74-138 A RESOLUTION RESCINDING RESOLUTION NO. 74-20 WHICH AUTHORIZED THE CITY MANAGER TO NEGOTIATE WITH DR. JETHROW. TOOMER AND JOSEFINA SANCHEZ PANDO FOR A ONE-YEAR CONTRACT ON A MONTH -TO -MONTH BASIS TO CON. - DUCT PROFESSIONAL SERVICES FOR TEST VALIDATION tN SOCIAL, CULTURAL AND ETHNIC AREAS OF THE CITY'S TESTING AND RECRUITMENT PROGRAM. (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 - Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. Reverend Gibson: Now make the motion propgsal. Mr. Reboso: Ok, I move that the both of them appear before us March the 28th.- Mr. Plummer: Wait a minute, you rescinded one motion. You've got them unemployed. Now you have to make a motion to hire them under the contract... Mr. Andrews: This just rescinds, we have already employed them this rescinds the resolution that is on the books that gave me the authority to hire them under contract. That was the least desirable way to employ these two individuals. We've found a way of employing them so that they're... One is a permanent employee, the other one is a part time employee under the appointive authority of the Manager. Mr. Plummer: Well, Mr. Andrews, let me tell you something. The way you've got it worded here, you just unemployed the people, and you haven't made another motion to employ them under the system that you want. Am I right, or am I wrong. Reverend Gibson: Let's move that the manager be given the authority to employ... The following motion was introduced by Reverend Gibson who moved its adoption: MOTION 74-139 MOTION AUTHORIZING THE CITY MANAGER TO EMPLOY DR. - JETHRO W. TOOMER AND JOSEFINA SANCHEZ PANDO TO CON- DUCT PROFESSIONAL SERVICES FOR TEST VALIDATION IN SOCIAL, CULTURAL AND ETHNIC AREAS OF THE CITY'S TEST- ING AND RECRUITMENT PROGRAM. (Here follows body of motion, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibosn, and Mayor Ferre. NOES: None. 60 FEB 281974 001, Reverend Gibson: Mr, Mayor, I want asking that those people be invited our March 28th.Meeting. Mayor, Ferre: = There ie a motion and Ca►1i the role. AYEB: Mt. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. 411 to join with Mr. Reboso in to make a report to us at a second. Further diecuesiOn Reverend Gibson, Mrs. Gordon, 43, FEDERAL GRANT APPLICATION DEVELOPMENT OF COMPREHENSIVE SYSTEM OF PROGRAM MANAGEMENT TECHNIQUES: Mr. Andrews: The City has already received two grants, one for $135,000, $120,000 the second year, now we are making application for the third year, for $90,000. Mayor Ferre: This is all a part of that Booz-Allen--- Mr. Andrews: Well, it is part of that study area but we have not selected Booz-Allen as yet to perform in the third area. This is just a grant. Reverend Gibson: Mr. Mayor, when we in this housing develop- ment business, something was brought to my attention that dis- turbed me about -say like senior citizens and housing develop- ment man ---A man was found dead five days-- five days before. We need to call to their attention, man, what happens to Social Service People? That a man could be dead for five days before anybody finds out in a housing development in the City of Miami? It is shocking man. We need to politely, because they are always before us asking for a variance, or they want to do this, you know, and all like that. Mr. Plummer: May I make the suggestion that you have the City Manager draft a letter to the appropriate party bringing to their attention, this which was brought to your attention and please ask that the situation be corrected. Mayor Ferre: All right. Is there a motion on 46? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-140 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLI- CATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVEL- OPMENT TO INITIATE A PROJECT ENTITLED "DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF PROGRAM MANAGEMENT TECH- NIQUES FOR THE CITY OF MIAMI", GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was FEB 2 81914 passed and adopted by the following vote -AYES* Messrs. Reboso, Reverend Gibson, Mrs. Gordon, Plummer and Mayor Ferre: NO : None. 44, DISCUSSION OF PROPOSAL TO AMEND SCOPE OF SERVICES WITH $OD2 ALLEN AND HAMILTON TO INCORPORATE ADD,WORK ELEMENT FOR DATA PROCESSING Mr. Plummer: I move to defer. The reason for the deferment is that there had been a public hearing scheduled on Booz, Allen for today at the very wise determination of the City Manager, that this should be put over to a special meeting and I think all things should be heard at the same time. Mayor Ferre: All right, there is a motion, is there a second? There is a second for deferral, now Mr. Andrews--- do you have some comments, please. Mr. Andrews: Yes, please. In deferring this, I hope that the Commission recognizes that this area, that Booz, Alien would become involved in is a matter that is really separate from your concerns as far as the organization and the human resources. This has to do with the $200,000 that was provided in the Fed- eral Revenue Sharing Funds for computerization of the City. Mr. Plummer: Mr. City Manager, has it been put out to bid as to any group that wants to solicit this business can be done? Mr. Andrews: No. It has not. Mr. Plummer: All right. That is part of the thing that I want to bring up at the public discussion, and I'm not going to get to the gut issue at this time. Mayor Ferre: There is a motion and a second for deferral, is there any further discussion on it? Call the role. The motion to defer Item #47., a resolution authorizing the City Manager to amend the scope of services with the firm of Booz, Allen & Hamilton to incorporate an additional work ele- ment for Data Processing was introduced by Mr. Plummer, seconded by Mr. Reboso, and passed by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. 45, AUTHORIZE LEASE AGREEMENT ANTONIO MOLINA FOR MIAMI SPRINGS GOLF COURSE CLUBHOUSE FOOD AND BEVG,CONCESS- ION The following resolution was introduced by Reverend Gibson who moved its 4doption: RESOLUTION NO. 74-141 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ANTONIO MOLINA FOR THE MIAMI SPRINGS GOLF COURSE CLUBHOUSE FOOD AND BEVERAGE CONCESSION. 64 2/28/74 4 (Here follows body of resolution, matted here and on file in the City Cierka Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Mrs. Gordon, Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: None 46, AWARD BID - MOWING AND LAWN EQUIPMENT The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-142 A RESOLUTION ACCEPTING THE BIDS RECEIVED JANUARY 7, 1974 FROM DE BRA TURF & EQUIPMENT FOR ITEMS 2,4,5,8, 9, 13, 16, AND 18, HECTOR TURF & GARDEN, FOR ITEMS 1, 3, 6, 10 AND 15, AND DADELAND FARM & GARDEN SUPPLY FOR ITEM 11, FOR FURNISHING MOWING AND LAWN EQUIPMENT FOR USE BY THE PARKS AND RECREATION DEPART MENT AT A TOTAL COST OF $32,009.01. (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. Reverend Gibson, Mrs. Gordon, Plummer, Reboso, and Mayor Ferre. NOES: None. 41, AWARD BID - RNTRERS The following resolution'was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-143 A RESOLUTION ACCEPTING THE BID RECEIVED JANUARY 17, 1974 OF SANITARY CONTROLS, INC. FOR FURNISHING 32 TRASH CONTAINERS FOR USE BY THE FIRE DEPARTMENT AND THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $6,304.00. (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. Mrs. Gordon, Plummer, Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. 6 FEB 2b1974 • • - ,l 4R, DISCUS .tO I Mrs.PURCHASE..OF. TRANSCEI.VERS_ EOR,. THE SOLI CE fEPARTMENT DEFERRED CONSIDERATION Mr. Plummer: Mt. Mayor, on the one 51, in the memo from the City Manager, this is described as surveillance equipment. 1 think the time has come where this City Commission has got to be made aware of what surveillance equipment is owned by the City of Miami Police Department, I would like to defer this to the 14th of March at which time a full inventory or such equipment which is owned by thin City can be made known to this Commission, where it is kept, and who is in charge of its distribution. Mayor Ferre: There is a motion, is there a second? Mr. Reboso: I second the motion. The notion to defer Item #51 was introduced by Mr. Plummer, seconded by Mr. Reboso, and passed by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 49., PERSONAL APPEARANCE ARTHUR ETTINGER Mr. A. Ettinger: Mr. Mayor, City Commission. Your being be- hind is a standard procedure. I have sat for four hours trying to get a moment of personal priviledge waiting for you. Mayor Ferre: Your personal priviledge has been extended now meeting after meeting. Mr. Ettinger: Now let's say this, as a courtesy to the City Commission at the suggestion of Mr. Plummer. Last year I placed my questions in writing, which I presented. I have not receiv- ed the answers to those questions. Today's agenda does not include my name, nor does it include the name of the Chief of Police. Mayor Ferre: That's right, Mr. Ettinger, for a very specific reason. We asked the Chief of Police to come here once a month on the first meeting, and this happens to be the second meet- ing in February. The Chief will be here on March 14th. Mr. Ettinger: Well, this is the meeting that you told me to come here. to listen to the answers of the Chief of Police. Now I have something to say before we go any further. Mayor Ferre: Wait a moment, I don't recall that, does anybody There recall that I said that we were going to meet on the 28th to discuss those answers? Mr. Plummer: As I recall, Mr. Mayor, it was requested of the City Manager that he endeavor to get from the Chief, the answers to Garmire's answers to his questions, but I don't remember it being said that it would be here on the 28th, but I do remember saying that you are entitled to your answers. 64 2/28/74 t 4b 410 Mr. Andrewa: Mr. Mayor, McMbers of the COMMissian. The 50 questions raised were responded to and Mt. Ettinger received those answers. In writing. Mr. Ettinger: There weren't just 50 questions, there was an entire procedure. Who has the answers to the questions now? And why haven't I been advised? Let's go a little further, now I was supposed to be with the Chief Investigator of the Grand Jury now for over a week, and I have been going around the side corner. Now either I get those questions, and I get an answer now or I will be with the Grand Jury. Mayor Jerre: Mr. Ettinger. You as a citizen have that right at any time. You go ahead and talk to the Grand Jury. Mr. Ettinger: I have come here as a gentleman, and I ask for those questions, and I did it. I came as an individual, I did it. I did not come as a rabble-rouser. I did not go to these public meetings that you are holding around town because I figure that this commission is my place to come. Now I have come here, and I don't want you to get angry with me. I learned in my military experience you don't burn your bridges before you get to them, you burn them after you use the. Now, I have come here as a gentleman. I gave my word I would stay in calm and I would do nothing. Now I told this to Major Mc Laughlin in the Police Department who Mr. Andrews sent me to, and as of now, if you feel that this is as far as it is going to go here, you are releasing me from my word as a gentleman, find. I know what I have to do. Mayor Ferre: Mr. Ettinger, you do what you think is best. You are released from your being bound not to go to the Grand Jury if you feel that you were bound. You do what you think is right. Now let me tell you, that we will have the City Police Chief here, on March 14th to discuss your items, and other items per- taining to the Police Department. Now we have to break at this point, in fairness to this commission and this commission is now adjourned until 2:30. LUNCH RECESS: THE CITY COMMISSION ADJOURNED FOR LUNCH AT 1:20 O'CLOCK P.M. AND RECONVENED AT 2:25 O'clock P.M. WITH ALL MEMBERS PRESENT EXCEPT VICE -MAYOR REBOSO. 50, PERSONAL APPEARANCE SIEPHEN LUBOW - METHOD USED BY CITY INSTALLING AND MAINTAINING STREET LIGHTS Mayor Ferre: Mr. Stephen Lubow, Attorney for the Street Light Maintenance of America, Inc. Mr. Lubow: Mr. Mayor, members of the commission. I am Steve Lubow, this is Mr. Robert Waldman, who is an electrical engin- eer and he will be glad to answer any questions you may have at the completion of my presentation. Mayor Ferre: Mr. Andrews; you had better listen to this because we are going to refer this matter to you pretty soon. Mr. Lubow: For many, many years starting long before the present Commission assumed their office, the City of Miami had been following a,procedure for the letting of contracts 2/28/74 410 in the installation and maintenance of street lights, which violates the City Code. Section 16-22 of the City Code pro- vides, in part, that no contracts for any public work or im- provement for the City in access of $1000 shall be made or executed until competitive bids are first had and received after public advertisement and awarded by contract by the Commission. Section 16-20 provides in part, that all expenditures for supplies, materials, equipment or contract for services, except for professional services amounting to more than 41000 shall be made on the basis of sealed competitive bids, and a written contract or purchase order as awarded by the City Commission. The procedure utilized by the City at this time, is to allow Florida Power and Light Company, who of course, has an ex- clusive franchise for the furnishing of the energy to also take care of the installation and maintenance, which is a job that any contracting engineer can do. It requires no special franchise whatsoever. This work has never been put out for public bid by the City of Miami. Most cities in the country have been following a procedure similar to what the City is following, but have switched over to public bidding. Cities like Philadelphia, Chicago, San Francisco, Atlanta, Washington D.C., Denver, New York, Raleigh North Carolina, Pittsburgh, Pennsylvania, as an example, some have switched over to public bidding and that they have found that they have been able to realize a savings of approximately 25% in their annual expend- itures for this work. The City of Miami expends approximately one million dollars each year on a project like this. Mayor Ferre: Paul, let me, in the interest of time, since we are not going to finalize on this today. Let me recommend, I think it might be more affective for you, if we do it this way. We will turn this matter over to the City Manager with instructions, that he come back at the earliest convenience, hopefully by March 14th, which is our next meeting. And if not by March 28th and recommend to us, after he has met with you and discussed this matter amply, lees get his opinion, and then you will be allowed time to make a full presentation and the commission will, at that time, will take a position on it. Mr. Plummer: Mr. Mayor, since there has been some question of legality raised, I think it should be a joint meeting between the City Manager and the City Attorney at that meeting, because there has been some legality raised. Mayor Ferre: All right. I accept that as an amendment to it. Mr. Lubow: Mr. Mayor, can we have set this for the March 14th meeting for response? Mayor Ferre: I certainly am in favor of that if... Mr. Andrews: If that's possible, yes, Mr. Mayor, but I think the leeway you have given me is proper in the event we can't do it by the 14th, because so many items coming up at one time. Mr. Lubow: As I say, I have been corresponding with the City about, with the City Manager's Office about this for approx- imately four months now. With City Manager Andrews, and Public Works. Mr. Andrews: But we have not sat down and had the kind of meet- ing that you are suggesting, where we can explore this really fully. Mr. Lubow: All right, fine. I would like to look for that March 14th meeting date, though. 1110 2/28/74 Mayor!Porre: Thank you air. 51, .PERSONAL APpEARNjCE_ E. H. RUSSELL DADE EMPLOY THE HANDICAPPED COMMITTEE TO DISCUSS ARCHITECTURAL BARRIERS Mayor Ferre: Mr. Russell, I am going to tell you the same thing that I told Mr. Lubow, and the same thing I am going to tell Mr. Pino, when he comes up, and that is that this matter is going to be referred to the City Manager's Office for a full report on his part, but I would welcome your words at this time, and save your final presentation until after the Manager has reviewed this matter. Mr. F.H. Russell: Before you, I would believe that there is some information that we have prepared. Contrary to what it says on the agenda, I would like to present four issues to you. The material is entitled "Independence for the Handicapped". and on the cover sheet, it refers to two, three purposes for our being here. To tell you about the needs and interests of handi- capped people, to urge that you adopt a positive program to help solve some of these problems, and to offer our help. Then we give you four specific areas that we would like you to con- sider for action. I have here with me, several people that I would like to help in this, what will be a brief presentation, Mr. Mayor. I would like to introduce them now, if you please. Mayor. Ferre: Go ahead, Mr. Russell. Mr. Russell: Miss Lori Dale, Andy Bax, and Ray Czachowski. I said to you that we were going to talk about independence for the handicapped and I would like for you to keep that word in mind because we are about to observe the two hundredth anniversary of American Independence from the time that Thomas Jefferson drafted a Declaration of Independence for the American Colonies and put into it the hopes and the aspirations and the whole accumulated rights of humanity that they had fought for for 500 years. With the Magna Carta, people sometimes think that those rights were accomplished but they lasted only until the King could take back the inititive. And people have been fighting for all the years in between to gain and hold those rights. America fought, America won, and after a brief period of confusion, it established a constitution and a Bill of Rights to cement their gains. It wasn't very long however, until people were aware that the rights did not flow equally and easily to everyone. And so, in the last two decades, there have been minorities that have gone into the courts, into the legislatures, and into the streets to make their need for equity known. And they have gained recognition, and civil rights laws, equal employment acts. And at these times there were proposals that the handicapped be included in such laws, and it was con- sidered and it was rejected, so they are the minority that has not yet been recognized. The City of Miami, The County, our area, is going to be one of the focal points for the bicentennial celebration. Some months ago, I heard the leaders of this say we need a theme, a slogan, and all I have really heard about is that we will have a tower with a restaurant, we will have a trade mart, and I think there are some more essential things that are related to independence than the idea of tourist promotion. And I would like to propose a theme, that the challenge of the third century is independence for the handicapped; and I would like to ask you, the City of Miami.to become one of the leaders, vib 6i 2/28/74 in Seeing that it becomes true. Independence relates to a number of things; peraonal and economic to the handicapped, to mobility, being able to join in community affairs, and to be employed, and to be able to afford being a part of the community. The first of our proposals is that the City appoint an advisory committee. Now.you have had one in the past, about 1961, there was appointed a Mayor's Committee on the Employment of the Hand capped. It gave valuable service - this is on page two of your material. It gave valuable service to this community, it inter- acted with other groups in the community, it provided employment opportunitles through its efforts. And what we propose now is an advisory committee of wider responsibility to deal with recreation and social opportunities with mobility and with employment. Now if you would turn to page three, I would like to introduce a gentleman who will tell you about the next pro- posal. He's been extremely active in our community for a number of years inorder to change the South Florida Building Code so that future buildings will be accessible to the handi- capped. Mr. Ray Czachowski. Mr. Ray Czachowski: Thank you, Harry, Mr. Mayor, Members of the Commission. My subject is architectural accessibility to improve mobility for the disabled. lie all know that all cit- izens should have a right and need to use-- a need and a right to use their community and its facilities. This is particularly true of government buildings whether it is viewed from an ethical or a moral view point. Many states now have statutes that re- quire that newly constructed government facilities be access- ible, and.courts have enforced these statutes. Federal law re- quires that buildings constructed with Federal Financing comply with national accessibility standards. Florida Law also re- quires that all state and local buildings meet the same access- ibility criteria as does the South Florida Building Code. Futher recognizing thelegal and ethical responsibility of government to make all public buildings accessible to the tax payers who finance the construction, and this includes the handicapped. Courts all over the nation have required courts to redesign existing buildings to meet national standards of acceptibility. Now, I would like to give you just a couple of examples quickly of City of Miami facilities with accessibility problems. For examples, all facilities here at the Dinner Key Complex with the single exception of the first floor of the City Hall itself, are totally inaccessible to persons in a wheel- chair. The personnel office for the City of Miami is on the second floor of an inaccessible building. Any applicant who is unable to climb the stairs must either be interviewed at another location, or must be. carried up the stairs. Either way, it places the applicant at a distinct disadvantage with the inter- viewer. Another example is the toilets.here at City Hall, even here on the first floor, are inaccessible because of the in- sufficient turning radius, and the size of the openings to the stalls. Now we propose that the City of Miami (A) Survey all its facilities to identify architectural and engineering bar- riers which fail to meet national standards. (B) That you establish plans for eliminating these barriers and see that you appropriate funds annually in the annual budget to carry out the plan until it is completed. Just for your information, Metro, currently is working, has in progress a project similar to what we are requesting here from the City. Thank you very much. NOTE: Mr. Reboso entered the meeting at 2:50 P.M. Mayor Ferre: Mr. Russell, in the interest of time, I think here is what we are going to do. I am going to ask of you and the Dade's Employ of the Handicapped Committee to recommend to the City of Miami a list of people that might serve as an advisory 6b 2/2B/74 committee recognizing, of course, that we might hot appoint people that are of your group for example, and I wanted to ask you, are you in'any way- Florence Pox and her group, now are you affiliated with her, or is that a separate group? Mr. Russell: That is a separate group. Only two things, in relation to the. people who would serve on an advisory committee, and that is that they have a demonstrated experience and in- cluded in the group would be people who have disabilities them- selves, and therefore personal knowledge of the problems, and how they have to be solved. Mayor Ferre: What size of advisory committee would you recom- mend that we have? Mr. Russell: I don't really have a number, I would say something like seven would be ok. Mrs. Gordon: Mr. Mayor, I would like to recite to you an incident that happened on Sunday at a restaurant that we are the landlords of, The Green Dolphin. A lady in a wheelchair had an emergency need for the ladies room, and could not use the facility. Her husband had to go in inorder for her to be able to use it, he had to lift her from the chair and put her in, where she needed to be and someone else kept guard at the door, so there would be no problem, but what Mr. Russell is saying is so true. I can tell you from personal knowledge that we ought not even to delay and wait for committees decisions before we enlarge the doorways to our restrooms. Particularly in this building. Mayor Ferre: Mrs. Gordon, it is certainly a good point, and I think that perhaps in a specific case like this building, we could address ourselves to it, but i.n discussing this with the Manager, and I asked him how much it: would cost to do this City - Wide and of course, he did not have an answer specifically, but he told me it would be an extremely expensive proposal for us to do immediately. I think what we have to do is; #1 we have to identify the'problem, the extent of it. #2 identify the cost of it and then I think we have to figure out how to budget it when budget time comes around and I think in those areas where we should immediately take some action, like perhaps right here. We ought to do that right away, and I would like to see how several things happen. #1 Mr. Russell and his associates meet with the Manager. #2 recommend people to be on a committee. #3 ask the Manager to immediately start a survey analyzing what the extent of the problem is and earmarking where, and what public buildings we could do immediate action. It would not be overly excessive in cost. Then outline a budget and a plan of attack to solve a problem which we want very much to be a part of solving. Is that acceptable to everyone here? Mrs. Gordon: Yes, do you need a motion? I will move that. Mayor Ferre: We have a motion as outlined, is there a second, is there further discussion? Father Gibson: Second. Mayor Ferre: Call the role please. AYES: Plummer, Reboso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. Mayor Ferre: Thank you very much, Mr. Russell. 6o 2/28/74 Mr. Rilssells May I ask you just one thing more? Mayor. ?'errs: Yes, Sir. Mr. Russell: I would like you to read the other two proposals that we have race a part of this, and if I understand correctly, these would be areas we would be talking with the City Manager also. Mayor Ferre: Yes. All four of these items: Advisory committee which you will come back to us on, architectural accessibility, curb ramping, and hiring disabled. All four items. Mrs. Gordon: Do we need to move for this building by separate motion? Mr. Andrews: No, I think the commission is on the right track, in that we would, after we have met with these people begin to look at what might be adjusted in the City, and then try to equate which are the priority areas where the public most visits in relation to the money we can afford to budget then start coming down the list and start picking out the most important areas first. And very well, City Hall might be one of the first areas that we would adjust. Mayor Ferre: On that portion, which is City Hall, would you come back with an answer by the 14th of March? Mr. Andrews: All right. Mayor Ferre: Thank you. Thank you, Mr. Russell. 52, P RSQNAL APPEARANCE HENRY PINO PILOT EMERGENCY MASS TRANSIT P.LAI Mr. Dick Austin: Mr. Mayor and Commissioners, my name is Dick Austin, I am the attorney on behalf of Mr. Pino's organization, which has presented to this commission a plan to ease the burden of the mass transportation of the citizens of the City of Miami. Mayor Ferre: We need your name and address for the record. Mr. Austin: My name is Dick Austin, 214, Palm Coast II Bldg. 5255 N.W. 87th Avenue, Miami, Florida. This city as is many large urban areas of the United States is in dire need of mass transportation facilities, which in view of one long standing lack of change, in the arrangement of facilities for trans- portation within this city, the energy crisis, and the continu- ing growth of the transportation problem to require that some immediate steps be taken to alleviate this problem as it now stands. For example, I have been advised by your own taxi cab section, that no new taxi cab permits issued in this town since 1949. Mayor Ferre: Mr. Austin, excuse me for interrupting you, but could you tell us, more or less, how long your presentation is going to take? Mr. Austin: It shouldn't take too long. I would say if you have no more questions, I really nothing more to say other than that there is an immediate and urgent need that this commission act. You have the written proposal. 7u 2/28/74 Mayor Terre: M.r ndrews, have you had an o ortunity to read the executive transportation service memorandumwritten by Mr. pinommm Mr. Andrews: Yes, I have, but I am not prepared to report to the fission on this. Phis is something that the City Attorney end Y Will have to collaborate on, and also in fairness to diem cuss this with the transportation people of Metro. Mayor Terre: All right. In your opinion, hos long will it take for you to make this analysis? Mr. Andrews: I would say that they earliest would be the next Commission Meeting. Mayor Terre: Is there anyone here, other than Mr. Pino and his associates who want to speak on this matter. Is there anyone else who wants to speak on this matter? Mr. Zilber: I would like to speak in behalf of the cab industry that we would like to be involved in these discussions. We have already had a meeting with Commissioner Gordon on the committee that you appointed a couple of - about a month ago to duscuss use of taxi cabs in the expansion in taking care of transportation. Mrs. Gordon: We haven't concluded all our discussions, Mr. Mayor but I would say that the industry is very cooperative and are willing to assist the City in any way they possibly can to fully utilize their taxi cabs in manners that are at presently not being used and they have recommended a multi - pick up system at a single delivery point and they are inter- ested in operating a jitney type service if we would want them to get involved in something of this sort. I just simply say that they are cooperative, and that we have not concluded our discussions. Mayor Ferre: I would recommend then, that this commission refer this matter jointly to Mr. Andrews and Mr. LLoyd and the committee has been appointed representing the industry, along with Mr. Pino and discuss this openly and amply and then come back to this commission at the next meeting. Mr. Austin: There is also a study being made by the Department of Transportation in the State of Florida in conjunction with Metropolitain Dade County due in by April 1. The Taxi Cab Industry and related transportations, I think it would be wise if we all wait and see what this study says in relation to our transportation program. Mayor Ferre: That's something that you have to deliberate on in your discussions. Mr. Reynolds, maybe you want to say some- thing. Mr. Reynolds: My name is David J. Reynolds, I'm executive secretary of the Metropolitain Dade County Transit Authority. I am representing the County at this hearing and I would re- spectfully urge that before you take any action on this, you give the County the opportunity to review the specifics of this proposal to see how it conforms to the master transportation plan for Dade County to see how the pieces fit. Because we must develop an overall transportation system, and we can't do it if it becomes fragmented. Mrs. Gordon: We understand. Mr. Reynolds, if you would care sit in on the committee meetings we'll be happy to have you. %1 2/28/74 to Mr. i ey1olds t 1 would be delighted to do so. Mayor Ferre: We sp►ecif ica 11y request that you it in on these rrteet itnga . Mrs. Gordon: All right, we will call you as soon as we ached+ ule another meeting. Mr. Reynolds: Thank you very much. Mayor Ferre: All right, Mr. Pino Mr. Pino: I want to say a couple of words. I want to put out that this is some type of co-op that we are trying to form. I want to say, that we are inviting everybody, to participate in this. We have done so already. We have been to all the differ- ent segments of the transportation in the area, including Mr. Zilber from the Taxi Cab Association and different other people in the Taxi Industry. I want also to say that I am aware that Metro Transit would be willing now, that somepprivate people have to stick their necks out inorder to serve the community some- thing that they have not done until now. I want to say also, that if we delay the actions to put it to one committee, to another committee, it will be three years. By three years, people might be walking to work, or riding horses. It is some- thing that is needed now. Mrs. Gordon: Mr. Mayor, one observation you may be interested in knowing is that the committee does feel that there is a need for additional transportation kinds of services in the very con- gested Latin areas. This was the conclusion of the committee, but no specific recommendations as to how the committee feels we should approach it. Reverend Gibson: Mr. Mayor, I want to sound a warning. I am going to continually remind us. I remember when the Jitneys out of Liberty City were involved, I remember what this commis- sion said now. And I don't want us now to forget that commit- ment. And you know we had the authority involved, and we had the taxi people and I don't want anybody to think that we are going to all of a sudden panic about it, because I want to hold the Commission responsible cause I saw those black men, who for years, ran that business. Came near being knocked out of the ball game. I want everybody to be aware that I'm going to remind you and if need be, I'm going in and get that record and bring it here, and let everybody read it and put their consciences ... Mr. Pino: I want to tell you that included on this type of co-op that we are trying to work, I was yesterday visiting with the people of the Jitneys in the area of Liberty City, and have invited them to come in here today and talk to us and join us in making a big thing tr,.at really works and will solve the pro- blems of the community. This is exactly what we are interested in. Solving the problems the community has in transportation right now, not three years from now, or ten years from now, or when a mass transit system could be developed. The problem exists now and this is the time to act. Thank you very much. Mr. Andrews: It's a point of clarity, Mr. Mayor and members of the commission„ Will you' discuss and ferret out what you feel are matters you are asking o.f me versus the committee so there isn't any confusion here..., Mayor Ferre: Mr. Andrews,. as I understand it, what this com- mission wants is for you to come back as soon as possible, 7 2/28/74 Alt March 14th, March 28th with a recoatnendation after the admin- istration has had full opportunity to discuss this amply with a committee, with Metro, with the industry as to what the admin istration reconsnends that this commission do to best serve the interests of our community, our City. Mr. Andrews: Mr. Mayor. A point of clarity. You used the word committee, does that mean the committee that Commissioner Gordon heads up that I would be asking them for their findings? Mayor Ferre: I think it is fair for you to discuss with that committee, and involve them. But we are not looking for that committee to recommend something specific to us. That is your job. If that committee wants to recommend something to us, they are entitled to do that. If Mr. Zilber, representing the indus- try wants to come up with a separate report, he's entitled to do that. If Mr. Pino wants to expand on his report, that's all right. If Mr. Reynolds wants to supplement it and tell us what the Metro Transit Authority's opinion is, we welcome that. We would urge you to incorporate in your report the sub -committee reports, if you will, of all these different groups that are involved. Mrs. Gordon: It would be a good idea if the Manager sat in or had a representative sit in on the committee meeting, then he would have the synopsis he wants. Mayor Ferre: This is a complicated, technical involved matter and we want full input from everybody before it gets to the point where we deliberate and make a decision. Thank you very much. 2/28/74 7a 411, 55. PERSONAL APPEARANCE ATTORNEY JACK RICE IN NNW OP FORMER CITY MANAGER M, I.r% REESE IN REGARD 10 SEPARATION PAY Mr. Jack Rice: Mr. Mayor, Vice Mayor and Commissioner, I am here again representing Mr. M. L. Reese. Mr. Reese is presently in Tallahassee on one of theGovernor's committees and presently preparing a legislative report and he asked that'I appear here in his behalf. Mr. Mayor, would you want me to proceed , or would you like a statement from the Mayor Ferre: I think we all know where this was left, and there was a report request from Mr. Andrews, but i think for the interest of clarify, you be very brief and state your position quickly,then we will ask Mr. Andrews to report back to the Commission on his findings and it will be open to the Commission. Is that all right ""ith all of you? All right, go ahead. Mr. Rice: We considered the testimony that was previously introduced into record in this cause, as you recall, former Mayor Steve Clark, appeared before the Commission and stated that he understood, plus the former Mayor Robert King High, informed him that the City Manager was hired under the under- standing he would receive 30 working days vacation. To my knowledge, very few City Manager have ever taken full time off in any one year utilizing 30 days. Other officials have, and the record will reflect that. There is a difficulty in the City Manager leaving because of the press of work. therefore 'r< the absence of Mr. Reese on vacation has been few and far between. I reviewed his record as to the time he had taken off, and all those times where he had taken off over ten days was due to either illness that he was suffering from,which was about three years•, and the one time when he took 29 days when his son was shot In Viet Nam and he had to go to Tokyo, so his time for taking off has been limited with the exception of personal emergencies in his behalf. Also in reviewing the record when Mr. Reese was hired there was a resolution adopted by the Commission in 1961 that stated that Mr. Reese would receive the same emoluments as prior City Managers. The prior City Manager was Mr. Willard and I sent you all a copy of the resolution. and the records dealing with Mr. Willard's service. He served for 11 months, ----at the time his services were terminated by resignation, the Commission gave him 30 days vacation, in addition to the 30 days he received an additional 40 hours, or an additional 5 days vacation, so he received an excess of 30 days vacation for a merely 11 months. He did not serve for 11 months ]because before the year had expired, even his vacation time had expired, Mr. Reese was appointed as City Manager. I recognize the agrument made by Father Gibson concerning the method in which time is accumulated for people in high office such as when they accumulate time rather than accruing the salary as a vacation was accrued, --in other words, if you are making $22,000. your vacation is accrued at $22,000. which is not the case is the City of Miami, however when you separate from service, that you are paid under the salary that you then receive regardless of the accumulation of service, and regardless of the salary when you accumulate it. I spoke to Mr. Reese concerning, this ---- Mayor Ferre: I think you had better wait for Father Gibson, 7 2 /28/74 1 thi'nk he should hear that portion of it. Mr. Rice: As you know Father Gibson, you raised the issue, you were concerned with people accumulating vacation time ,and being paid at a higher rate of pay at the time of separation rather than at the time you accumulated it, and it is recognized that Mr. Reese received his vacation, which is presently in controversy, predicated on approximately $22,500. all the way up to $45,000. a year. i want to remind the Commission that when Mr. Reese was hired, they gave him $22,500. but they also gave him $2500. extra expense money, because they didn't want to increase his salary but for all intents and purposes he received $25,000. a year. However, be that what it may, Mr. Reese does not want to press that. issue, that is, if the Commission is inclined to grant him what he asks, he is willing to accept the pay for the vacation time that he accrued it rather than using the basis of $45,000. a year as his separation accrual pay. Mayor Ferre: If we calculate payment based on what he was making at the time he did not take the vacation, ---- Mr. Rice: Correct Mayor Ferre: rather than $45,000. Mr. Rice: However we ask in all fairness, that when he did take vacation, that it would be applied to his farthest accumulation of time which is the customary procedure under any event. Mayor Ferre: That is not much any way, Mr. Rice: I respectfully submit,in my opinion, Mr. Reese has submitted evidence, that is the testimony of Mayor Clark and the resolution appointing hit, that he entitled to the 30days and I respectfully submit he should receive it, and he will accept it under those, Mr. Andrews: At the Commission meeting of_October 13, in discussing this matter, the foundation was set for_precedent as far as Mr. Reese's case is concerned, and that precedent was established in Montgomery County as to the accumulation of time . Mayor Ferre: Did they so advise us? Mr. Andrews: Yes. At the insistence of Commissioner Gibson, we did get the record of Montgomery County. I personally called the County Administrator and had several conversations with him, and was able to ascertain over the telephone that the record was available, that he would transmit the actual resolutions and documentation as to accumulation and what the formula was in Montgomery County. Mrs. Gordon: The number of days? Mr. Andrews: Yes, that information was assembled and transmitted to the Commission, and I realize you received it many months ago, and time has passed, but it is also contained in the documentation which is included in your book today, and identified as a letter dated Oct. 1, 1973 from the office of the County Executive, 2 /28/74 Mont90Mery County, Maryland, Mr. William Rosman, and in this letter he verifies that there was a process of accumulating tilde in Montgomery County, and it is spelled out in that letter, and in 'fact it addresses it self precisely to the accumulation of the time that Mr. Reese had gained, and the actual payment in dollars and pennies, as to accumulated time, so the information is made available to the Commission. Mrs. Gordon: Mr. Andrews, I hate to dispute what you just said to me. You said the same 30 days, and the letter says 21. Mr. Andrews: I said th-= question that was raised was the accumulation of time from one year to the other-, Mrs. Gordon: --but not the number of days, that was not established. Mr. Andrews:The number of days is another matter. The one question, and the more specific one was, was there a formula for accumulating time? Mrs. Gordon: The second question was how many days were the rule, in Maryland County, and that according to your letter you gave me is 21 days. Mr. Andrews: That is included in the letter also. Mayor Ferre: Are there any other questions? Let me ask you this Mr. Rice. What is the difference in the total amount if you figure out the formula based on $45,000. vs. what you just said about, based on the rate of pay of that particular year. Mr. Rice: It is approximately a little more than $10,000. difference. Mayor Ferre: The difference is that much? In other words rather than $31,000. it would be around $21,000. Mr. Rice:----$21 to 22 thousand, Mayor Ferre: I didn't think it would be that much. Mrs. Gordon: Mr. Rice will y9u answer this questio- for me, in the resolution 31708 that was furnished to us, I believe by you, I am not sure, Mr. Rice: I think that is correct, Mrs. Gordon: ---I believe the resolution reads, "A resolution offering to Melvin L. Reese, the position of City Manager of the City of Miami,Florida under tie same terms and conditions as previous City Managers, plural, ----I understand Mr. Willard worked for the City for less than one year, and when he left he was given severance pay for one month. I don't know what this was based upon but that is what he received, and he also received regular vacation pay in accordance with Civil Service regulations at that time of 10 days a year, then Mr. E.A. Evans who preceeded Mr. Willard, and all prior City Managers received vacation pay as prescribed by Civil Ser. Rules and regulations for all employees of the City. As his 7 year term ended on March 2,1959 he was paid for 12 days earned vacation and his accumulated 60 days of ill time. I just wonder, since you are a very fine attorney • 7ta 2/28/74 A how you feel about the plural in the word 'managers' as opposed to the singular,---- Mr. Rice: Well, all I'can say is what Mr. Reese understood was 30 days, and what the records reflect that he received as credit beginning with his first day of employment, that although the plural term is used, if that is the case, he would be receiving maybe a $500.00 a year salary or $1500. which the City Managers shortly prior to his tenure of office received, ---the pay became lower as you dealt with City Managers, however that is not the case, and I might also add that the tenure of City Managers with the City were very short lived with the exception of Mr. Evans who served maybe a little longer than others. Rev. Gibson: I am concerned about the words City Managers, you men are smart, I am the dumb one,---- Mr. Mayor, before I deal with that, I think I want to establish another precedent, ----- I hope this City serves notice on all of the people who work for the City, that we want you to come down front with what time we have, or we owe you, It irks me, ----you could un- ravel this, --it irks me world without end, ----when was the last time he had a vacation, you are talking from '60, Mr. Rice:--1960 to '73, Rev. Gibson: I am going to say something that is not charitable, but I want to use it to make sure people understand where I come from, ---no way in the world, --•that a man with Mr. Reeses' capability and acumen would work for us from 1960 to 1973 and not have a vacation. All right, suppose he did,okay, I am going to preempt you, ---I am worried about whether or not we got maximum efficiency, and the third thing is, -•I say he is smart, efficient, int*lligent and all that, and I now question if you tell me that, ---the record said he got no vacation, from 1960 to '73, even the Holy Ghost gets time, ---you understand, — question, even I as a Priest, if I wouldn't have to preach and re -preach, over and over again the same sermon, if I didn't go to the mountain and refresh myself. Understand? Counsel, you and I don't have a problem, because I have to live with my conscience. I am a little disturbed, and that is why.I want this Commission to instruct Mr. Adrews to instruct all Department Heads to come down front, ---let me go to the 4th thing, ---it is no accident that nobody told us how time we owe Mr. Reese until he retired. In your letter to me, and that letter came to 'etal', if it had said all the Commissioners I wouldn't have to answer. Mr. Rice: I sent that letter to every Commissioner. • Rev. Gibson: It was addressed to Rev. Theodore Gibson,it particularized me. I want to do the right thing by Mr. Reese. I am torn between what is right and wrong because I dont have a clear mandate, ---there are some clouds in front of me, ----I 'can't see quite over yonder, --if there are Department Heads here who have accumulated time, Mr. Andrews, I want you to tell everybody in those departments to put it on the line by the next meeting, so we could deal possitively, effectively with that. I would like to raise another question so you can answer all these things. You know Mr. Reese would not dare let other Department heads accumulate that kind of time. i want the Mayor to hear this, and Mr. Reboso, the Vice -Mayor, Mr. Reese wouldn't dare let other people do that. The little time I dealt with him, he would have said, all those fellows, ---- take it, or it goes by the board. I don't want to say that 7! to him because this is after the fact. What he did, is, he resigned and didn't give no a change to address myself to the issue. That was no accident. I went everybody to understand, I went to school et night, but enough: light came in, and I was able to read the pagee. I see you want to anewer, Mr. Andrews, and_I welcome your answer. Mr. Andrews. There is one area, and you and the rest of the Commission are always so careful to make sure that you have your facts and you have the proper information. There is one area in which you are erring, and that is, that about 10 days before Mr. Reese left the City, and still City Manager, it would be August 6 or 7, the City Commission had a special meeting called for a specific purpose when this matter of severance pay was brought to his attention by Mr. Bailey as to what it would be. He immediately saw the problem. He endeavored, and I sat behind him in the special meeting, to bring all the papers with him, to bring that matter before the City Commission, and discuss it while he was still City Manager, and at that meeting , and the tape will reflect it, it is not in the Minutes, but the tapes are available of that special meeting in which the City Commission would not entertain a discussion at that time because they call the meeting for a special purpose, and Mr. Mayor I think you were the Mayor at that time, and it was one of the last meetings you held and there were 3 members of the Commission present. Rev. Gibson: I am glad you said that. I didn't want to put all this on the table. If you are going to quit in August, --- when did you say he quit Mr. Andrews: August 17th,--- Rev. Gibson: ----August 17th and you bring it up about a week or 10 days prior. You did not give me ample time,and if I call a meeting for a particular thing, I think I was involved in that meeting, ----yes, I was, ---you didn't have the right to bring that up.' Let me raise another question, and I think we had better let it all hang out today, we are not going to get another chance. I am disturbed, very disturbed, because when I see a lot of retirees that we have, and nobody told me to say this, but I have been doing a lot of praying, that is the way we'ministers do, when we want to tell you some- thing, we swear we prayed, and the Lord gives us an answer. I see an awfully lot of elderly people who are retired, and on very low, low, pay, who didn't have the opportunity to make some certain decisions, and I now wonder. Let me get back to the thing upernwst in my mind, I want all of the department heads, and the people we owe some time, I want that put on the table. I want us to deal with them, give them their time, or money now, ----because when we had this argument a few months ago, we were talking about paying people for their accumulated time at the going rate of pay they were getting when they resigned. I would die before I would see something like that happen. I don't think that is fair to the public. Can we get that on the table at an appropriate time. Mr. Plummer: Let met tell you what bothers me, --not what you say, it is what you don't say. Over a certain period, ---- you are the one who brings this up all the time, we have to live with what our forefathers did, if it was right, and they did it, that is it, but this City, good, bad,indifferent, over a period of years, has built up precedent setting situations. I don't think that anybody who has operated in the system over a period of years, should be penalized now, at this stage of the g %6 2/20/74 retroactively, operating in good faith. Rev. Gibson: Look, J.L. let me go a step further, I think if a man works for the City, and his services are such that we can't do without him, that ought to be put on the table and the City Commission at that time ought to vote to say, that is the way it is. Follow me,---- you can't convince me that I couldn't do without the City Manager and Mr. Andrews, --I love you, but not at the expense, ---no reflection on you,----i don't think, --don't tell me the City Manager is so indispensable,that from 1960 to 73 he couldn't have had a good vacation, and I am sure, you would have come back smiling, and a lot of folk who come to this building,that is the way I do, ----when I come back off vacation, I go and love all my vestrymen, and all the ladies in the church, and say Father is all rested now. Understand? That is what Tam trying to get across to the Commission. If anybody has time, all I am saying, let us now reckon that time, make an understanding, I don't want to penalize anybody, but ---- Mayor Ferre: He is laying the law down for the future, and I think we ought to do it in form of a motion,--- we can do it after we after we've decided with Mr. Reese, Rev. Gibson: Hut the danger of not doing that simultaneously, Mayor Ferre: Do it before then, ---- Rev. Gibson: The intent of my motion is, any man we owe, any man or woman we owe, ---I want to recognize now that we owe that person, and at a going rate of pay. Mayor Ferre: Is that a motion, Rev. Gibson: Yes, sir, Mayor Ferre: The motion is a policy matter on payment to the future, ---- Rev. Gibson: Mr. Andrews, and from now, everybody that works for the City is going to take his or her vacation, unless his services are absolutely necessary, and at that point you bring it here, not you deal with it out there, you expect me to vote on the thousands of dollars now, that I have to answer the public, and I want to make sure my eyes are wide open and my ears are unstopped, when I did it, follow me? After that motion passes, I am ready to deal with Mr. Reese. Mayor Ferre: There is motion and a second, any further discussion? Mr. Andrews: I think you have to calrify this a little more, and I want it understood, because this affects some 3000 people in the City of Miami. Many department heads at the time they accumulated, is time accumulated while they were Civil Service employees, and carried on to the department head status. That is one matter. The second, --- Mr. Plummer: That would not have a bearing, we are talking about from this date forward, Mr. Andrews: What you are saying to me is that, effective this year, which began January lst and ends Jan. 1 insofar as vacations are concerned, that toward the end of the year, you want a report to make sure people utilize their vacation, and not being accumulated, and if they are why are they, 7, 2/28/74 Rev. Gibson: --rand let ua decide that they are indispensable to the operation. you are going to have to justify why Joe Doe didn't take his 10 days or 9 daye. Mr. Andrewet I understand, Rev. Gibson: --that you ought to tell this Commission, in a reasonable length of time, who on this staff have accumulated pay time. I think that is only fair, and then we would be aware that John Doe, for instance if we are dealing with a man in Communisations, obviously if we have a riot, ----we don't want him to go, otherwise we would be in trouble. At that point we ought to take full cognizance of it in the record. Mayor Ferre: Any further discussion, Mr. Plummer: I am going to vote yes, but I wish for the iecord, you would be more definitive as to when this starts, is it effective today, Rev. Gibson: I want to start, ----what is today, ----the 29th day of February, 1974, at twenty-five minutes of four. Mr. Andrews: Please make it January let, --- Mr. Plummer: This is why I am asking for clarification, and the City Manager say for vacation period of January 1,- Rev. Gibson: January 1, 1974 to Dec. 31st, midnight. Mayor Ferre: Any further discussion, --- Mr. Andrews: One more point, and that is in fairness to what you are trying to accomplish, you shouldn't gat at the zero hour a report which says that people have accumulated vacation, ---- Mayor Ferre: We expect you to tell us in November which way it is going. Thereupon the following motion was introduced by Rev. Gibson who moved its adoption: MOTION NO. 74-144 A MOTION ESTABLISHING THE POLICY OF THE COMMISSION THAT FROM THIS DATE FORWARD CITY EMPLOYEES SHALL NOT BE PERMITTED TO ACCUMULATE EARNED VACATION TIME UNLESS THE COMMISSION IS FURNISHED WITH A SATISFACTORY REASON SY THE CITY MANAGER FOR DOING SO, AND THAT ANY ACCUMULATED VACATION WHICH IS AUTHORIZED BE PAID FOR AT THE TIME THE EMPLOYEE LEAVES THE CITY AT THE RATE OF PAY HE OR SHE WAS RECEIVING WHEN SUCH VACATION TIME WAS EARNED; AND THAT THE CITY MANAGER FURNISH THE COMMISSION WITH A REPORT BEFORE THE END OF EACH YEAR ON ANY EARNED VACATION TIME PERMITTED Upon being seconded by Mr. Reboso,'the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. Mrs. Gordon: Mr. Andrews, when was it we heard the testimony from the witnesses who spoke to the fact that Mr. Reese was guaranteed the same basis of employment here as he would have 8u 2/20/74 reeeid in Maryland? Mr. Andrews: 9/13/73,.+-'. those Minutes are in your book, Mrs. Gordon: --..referring to the 9/13/73 then, if I recall without checking the Minutes, and basing it upon this letter that I found in the folder, he would then be eligible for the same conditions as Maryland County, is that correct, ---have you estimated the amount of money involved? Mr. Andrews: No I have nct and that would be a condition that the City Commission would have arrived at as a means of paying Mr. Reese. Mr. Plummer: There is no way based on the new offer of Mr. Rice today,--- I think somebody is going to have to sit down with a calculator. Mrs. Gordon: I think you need to do a little analysis before we, ---- Mayor Ferre: Let's set the policy here and the analysis will come later. Mr. Plummer: I disagree Mr. Mayor, I think one has to go with the other, because we have to know what kind of figure we are talking about because this is the guy that has to find the money. Let me for the record make J.L.'s position clear. -- you know Mr. Reese was a very valuable man to this City, and I want to tell you quick -like, I am going to fight to make sure he gets every dollar due him, but likewise I would fight just as hard to make sure he didn't get any more or any less that what he is deserving. There is no question that Mr. Reese left his mark in this City, I am sure that could be argued good or bad, but a man did have this and he is entitled to it, and I am going to fight for his right to have everything he is entitled to. Mrs. Gordon: I was thinking that thought because no one here wants to take anything away from anybody who is entitled to something. Mr. Plummer: Mr. Mayor, let me make a motion, and Jack listen to it, and it should be very clear and simple. I make a notion at this time, that the finance department be directed to come back to us before the 14th of March with a calculated amount of money, based on the proposal of Mr. Rice's offer of Mr. Reese, ---the payment of the un-used portion of vacation is to be computed as follows, for each year or portion thereof, in whi6h vacation is earned' shall be predicated on the highest salary received for that year, subject to the condition that any vacation taken during his entire period of employment shall first be deducted from the vacation time accumulated commencing with the date of his employment. It doesn't need any more clafification then we can derive a figure, we know exactly what we are talking about,fand thenyecan make a simple decision at the next meeting. Mrs. Gordon: Why don't we defer any action now. Mr. Plummer: I think we have to give authority to the finance bpartment now, 2/28/74 Rev. Gibson: Rose raised the question, on days, I am not attuned to women other than when 1 have to go home at night, 1 know I'd better get straight. look, -Rase said something that really put my mind working. It is no accident that we use the term, City Manager, are you talking about 21 days, vacation, you have a mixture here. You are talking about Civil Service rules on one thing, those people out there don't understand that, but hopefully some of us do up here, I hope.--21 days maybe Civil Service rules, what you are saying as an executive may be 30 days, understand? When you come back computed, let us decide what rule we are going to follow, whether we are going to follow the Civil Service rule or that executive business. Mr. Plummer: Let's ask they compute it both ways, then we can see. • Mrs. Gordon: We will go the Maryland way according to the letter dated Oct. 1 1973 with the specifications that are outlined in it fully, and the Manager's way of previous City Managers,and whatever else the Manager, Mr. Andrews, decides we odght to have. The following motion'was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-145 A MOTION DIRECTINI TILE CITY MANAGER TO CALCULATE, USING THE FORMULA OF MONTGOMERY COUNTY, MARYLAND, THE CITY OF MIAMI' S FORMULA, AND WHATEVER OTHERS HE MAY DEEM ADVISABLE, THE AMOUNT OF MONEY WHICH WOULD BE DUE AND PAYABLE TO M. L. REESE, FORMER CITY MANAGER, UNDER HIS OFFER i1ADI THHIS DAM' TO ACCEPT PAYMENT FOR ACCUMULATED VACATION TIME BASED ON THE SALARY HE WAS RECEIVING AT THE TIME EACH PORTION OF HIS UNUSED VACATION WAS ACCUMULATED Upon being seconded Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr. R.'boso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. Mr. Rice: I want to'thank you very much for giving this time, and I know you will do the right thing. 54, SELECTION OF BOARD MEMBERS PUBLIC & PRIVATE AGENCIES RECEIVING FEDERAL REVENUE SHARING FUNDS DISCUSSION & TEMP,DEFERRED MAYOR FERRE: We have 9 of these outfits, to get money. I would like to recommend, --some are fairly easy to take care of, because some Commission members are already onthe Board. On the Martin Luther King Blvd, Mr. Plummer:Mr. Mayor, if I may for the record please, I am going to abstain from any appointments because, predicated on my vote, at the Fed. Revenue sharing time. It was my understanding and I thought the members of this Board's understanding, that a ruling given by the City Attorney, that only a member of this Commission could be a member of these governing boards, that I. even stand still for, the selection as is, so I am going to abstain from making any appointments, to any of the federal revenue 2/28/74 recipients. Ira. Gordon: Why? Mr. Plotters 1 underatand but I want it for the record cryata1 clear, that it was sty impression from a ruling of the City Attorney that anyone receiving money from this City, that a member of this Cotmnisaion had to be a member of the Board of Directors of the private sector. I am not speaking of the School Hoard or anything of that nature, but it was my understanding at that time, aid the guarantee that it had to be a member of this Commission. Subsequently the City Atty has ruled differently that any City representative can be a member of the Board. Mayor Ferre: Let's not take too much time on this, ---- Mr. Lloyd do you want to clarify something here or not? Mr. Lloyd: No, I don't think it is necessary. Mrs. Gordon: I would like to see the minutes of the meeting that Mr. Plummer is referring to. Mayor Ferre: Isn't that splitting hairs on this, what is the difference? Mrs. Gordon: Because I think it is an important factor. Mayor Ferre: Why is it important? Mr. Plummer: I will be glad to concede a point, that after I read the Charter of the points that Mr. Lloyd makes, i think at this time he is correct. It just says a City representative. Mayor Ferre: Look, the man does not want to vote, ---I don' t see what the problem is. Let's move on. Mr. Plummer: Mr. Mayor, I disagree with you, but won't fight for it. I've made my, Mayor Ferre: Dr. Martin Luther King already has Canon Theodore Gibson on it. It is acceptable to me. Mrs. Gordon: Mr. Mayor, would it be too much of an imposition to let this wait till later in the day, and I can review the minutes of that meeting. Mayor Ferre: Is it really that important? Mrs. Gordon: I would like to know what I am doing. I would like to read the minutes of that meeting and then determine what I want to do. Mayor Ferre: You have that prerogative. Rev. Gibson: Mr. Mayor may I ask that you hear those two gentlemen. Mayor Ferre: Item 20 is defered for a little while. 55, PERSONAL APPEARANCE MR. RICHARDS REGARDING PLUMB I NCB 1 NSPECTORS Mayor Ferre: The Chair recognizes you. Mr. Harry'Richards: My name is Barry Richards, and I represent the building inspectors of the Cit of Miami, the trade inspectore 2/28/74 on the tlanuary 10th meeting, I came before the Commission and the City Manager said he would return the item of the rating Over to the Civil Service Board, and he was supposed to answer in 6 weeks. I had a meeting with the City Manager, and he said he said he was goin1 to turn it back and mail a letter to Yarger who made the original report, and want to know what his findings were. Mr. Yarger, as far as I am concerned, answered that in the March 8th meeting of 1973, when Comm. Gibson asked him the question, whether or not adjustments had to be made. His answer was that the Commissioners locally would have to make these adjustments. I think that I've proved a hundred times that an honest error was made. Now it is almost a year later and we can't seem to get this thing rectified. As of this date, I would like to see the Commission go on the original recommendation that was made because every single piece of literature, every single survey made show that the trade inspectors always received a much higher rate of pay than a journeyman electrician or a journeyman plumber or maintenance man in any area. i received the audit from the Civil Service Board showing the area, it always shows that the inspectors were a higher rate. I received a letter from the City Manager's office that they had a survey in the Miami Herald showing that the journeyman plumber was $9.24 an hour, and the electrician was $8.80, we are not asking this kind of money, and I think they are a little confused because they say it is because of the shortage of labor power, ----they have to realize that the journeyman plumber, journeyman electrician the mechanical division, the building department, are all coming from the same labor sources. We are all plumbers, we are all electricians, we are all construction workers, but in our position we have a thousand times responsibilities that the journeyman has, aid I still say, that, they made a mistake when they made the report. I have 'all the records here, the City has made in the past ten years, but always shows the inspectors were always a step higher than the journeyman at all times. In this one particular survey, when it came out, I tried to rectify it at the Meeting of March 8th, Mayor Kennedy asked if we can hold it at a time, ---and get thi5'thing settled once and for all. He asked if the money was there, and Mr. Reese said yes, but because of the Charter, that it couldn't be constituted until Oct. 1st of the next budget year. Now, we are close to March 8th again and we are still is the same position. I would like to see this thing settled, and my original proposal was, that the Inspector I be rated as a 27, the Inspector II as a 29, The Chief Inspector as a 32,---all inspectors carry a master certificate or a general contractor's license, be awarded an extra step. Rev. Gibson: Mr. Andrews, I remember, I was involved, it disturbs me when I don't keep my commitments. I promised months ago that this thing would be solved. How much money are we talking about. Mr. Richards: I am not talking about money, I am talking about two steps. Rev. Gibson: Steps get to be money sooner or later, don't they? I believe we made the promise. I remember the Mayor at the time saying what he did, ---we voted literally, ---for a bundle, ---- Mayor Ferre: Mr. Andrews, do you have an answer? Mr. Andrews: Yes, I have al answer, and that is, I as City Manager have to be extremely careful anytime that after the Com- mission has adopted a plan with all of its classifications repre- senting 3500 employees, and that plan has been adopted and supposed to be based on fact, and why those classifications are classified as they are, ---when we make adjustments, those adjustments have to 2728/73 be clear cut, that they are justified, and there is no question they should be accomplished. 1 have met with this gentleman, and made a commitment to him if we could justify and'find there was an error made, and we were in error, I would be the first one to rectify such an adjustment, and I have done it with other employees, when it has been demonstrated that that has been the case. That occured with the Sergeant& and with some other personnel. and we will do the same thing here, but there has to be ample justification an error was committed. 1 wrote to Mr. Yarger last week, when I said I would, and we are expecting an answer and I ask the question directly of Mr. Yarger,---'did you make an error in this' and we supplied him with all the re -documentation as to what we believe, where we believe the error was committed, and if it is an error, it will be corrected, but now I want the reasons as to precisely why this class of people in the City service was placed where they were in relation to the others that they are complaining about that are higher. Rev. Gibson: Let me respond. I remember. at the time when the question was raised, that we agreed, the then Mayor, ---the record will reflect, ---the then Mayor agreed the error was made. I was the guy who said, for peace, ----I think this is an awful long time, ----why can't we, --let me ask this, how much out of bounds will that process be if we let this man go the step that he contended then, all this time, and contends now he should have been? Mr. Andrews: The thing you are not aware of and you don't have all the information before you, there are several hundred positions in which the Civil Service is studying now, that has had an audit report on in the Clerical area in reference to the Yarger plan in which they claim they have a finding where they are entitled to adjustments. There are other groups, --unless there is really good justification for doing this, we dare not touch these areas otherwise we will tumble into something, we will have to get a new survey made, and it could cost the City a lot of money. Rev. Gibson: Mr. Mayor, I like to follow the leader, and in this instance the Managers, but I am for a motion, that on the 14th day of March, if that Company doesn't have that answer, and darn good reason why these people shouldn't receive that, you have my word, at the peril of death, I am going to offer the motion that we give you those steps, and commensurate sum of money. How do I get that done. Mayor Ferre: Be careful, we are going to get into an area where we need some clarification . Mr. Plummer: I am not arguing the same way Paul is, ----Paul is right but he is wrong, and I'll tell you why. You are making certain statements that are not true, ---not true to the fullest extent. Mayor Kennedy never said to the best of my recollection that an error was made, ---he said quite possibly there has been an error made, and we want it looked into. Let me tell you where Paul is wrong, because Paul has to do the same thing we do, and that is he has to live by the footsteps of his predecessor. Let me draw an analogy here, at the time the Yarger plan came before the Commission, Mr. Reese was hell-bent to get it implemented, and Rose said no, there are too many inequities. Mr. Reese said and I am sure the records will reflect, please pass it as it is today, and we can deal with the inequities at a later time. Mrs. Gordon: Exactly right, 8J 2/28/74 Mr. Plummer: I say, based on that Paul, this Commission does have the right to look into that matter. Mr. Andrews: The Commission has every right to look into these mattera, to examine What the Ci'-y Manager is doing, but we are going to keep a healthy City Manager -Commission governtfent we have to abide by the Charter, and the Charter provides that the City Manager shall fix the compensation of the employees. When you had the Yarger study come before you, this was a study performed under the Manager, --the Manager recommended to the Commission that they accept the Yarger plan, once you accepted that Plan you accepted the Manager's recommendations that the findings was based on fact, and the salaries were equitable in each classification. You can't take one person, one class out and say you are going to raise that classification, unless there is really justification to do so, and a recommendation by the Manager. Mrs. Gordon: I suggest you look at the Minutes of the meeting and read them thoroughly, because you will find, the urgency existed with the transferring of the Water and Sewer Board. That was the reason why we were pressured into to making a snap decision, when we had no basis for making that decision that day other than the assurance that we could straighten out inequities later on, and that is what we want to do. Mayor Ferre: I recommend we take Father Gibson's motion if there is a second and ---- Mr. Plummer: There is a question of legality, let's don't make a motion that we are going to get anybody in trouble. Rev. Gibson: Just tell me what to do so we can have that back on the 14th. Mr. Plummer: Father Gibson, tell the City Manager you want an answer on the 14th. Rev. Gibson: Mr. City Manager, we want an answer on the 14th,--- Mr. Richards: May I make a statement -----this is still March the 8th, reading, Mayor Kennedy: What about the level Mr. Richard was talking about? If we vote to implement this today can we adjust that salary later or not. Mr. Reese: You can at the next budget meeting of October lst. Mr. Andrews: That is a different matter. Mr. Plummer: No argument. Can I say to you, sir, quit while you are ahead. 56, CONVERSION OF COCONUT GROVE INCINERATOR INTO A PUBLIC PARK Maya Ferre: Go ahead Mrs. Colsky,---- Mrs. Colsky: I want to thank you for taking us out of order, the children have been very patient, they have sat for almost two hours, they have been very good. To get down to business, as you 2/28/74 can see on the agenda, I am Irene Colsky, I live at 8220 sw 52 AVe* Miami, I am PTA president of Carver Junior High School. Mayor Ferre, Members of the Commission and Mr. Andrews, sitting in the audience here today, is a group of parents, students,schooi principals and members of the Dade County School administration. They have come here with me to lend support and emphasis to our request that the City of Miami immediately appropriate adequate funds to start the construction of a park on the site of the Old Smokey incinerator. As I said in my letter to you, Mayor Ferre, we are vitally interested in immediate development of such a facility because of the present and future impact the area has and will have on our attending its schools. Carver Junior High alone has about 700 children coming from approximately 12 feeder schools located in the City of Miami, Coral Gables. This does not include the 900 children attending Carver elementary, Community School and Junior College and After School Care programs now established. When you add approximately 900 more children from the Tucker and Coconut Grove Elementary School, plus an unknown quantity from the neighborhood, you come up with a figure of more than 2500 children using inadequate play and recreational facilities both during the day and evenin3 hours 7 days a week. I also said to you Mayor, that we in the Carver PTA recognize that schools can no longer live in an encapsulated area, holding themselves aloof from the pressures and needs of the community. We are the community, as such, we, just as you, are concerned with the breeding grounds of crime and neighborhood insecurity, and area generates when its youth is idle and unsupervised. Our com- munity school director, Mr. John Williams has done an exceptional job in attracting children to the after school programs at Carver. Carver Jr. High is one of the three pilot schools in Dade County to receive a grant to establish an after school program. Mayor Ferre: Why don't you boy sit down, so you won't be uncomfortable. Mrs. Colsky: We will explain what these are for in just a minute. As I said before, Carver High is one of the three schools granted an amount of money to establish an after school program. We have done it so well that other schools are asking to get in on this program, but it is a pilot study and will only run for a year at the present time. We are succeeding inthis program, because in our area, the parents and the community care about what happens to each other, but above all we care what happens to our children. Some of these are going to fill your positions one of these days, and we are trying to teach them good education and responsibilities of citizenship. Several months ago Carver PTA began to work with HUD, the City of Coral Gables, and Dade County Board of Education to bring about an immediate improvement in the Golden Gate area. The front of Carver, such as it is at present, faced directly into Golden Gate, right off Lincoln Drive. We'd been successful in our united efforts to bring about better vehicular circulation as you can see on this HUD map over here. have gotten HUD to work with us, widening the street that runs in front of the school. They are putting in a new bus plaza in cooperation with the City of Coral Gables, where children can dismount and get to the school safely. It will be land- scaped, and will have a monument in its place, telling the location of Carver Jr. High. At present, we are hidden way back in a corner down there and nobody knows about us, and the parents and children have a hard time finding us when school begins in September. In addition to these improvements from the City and HUD, the School Board has designed a new front for the school, which 8l 2/28/74 will eliminate the fenced-.n, institutional look that we've got now, and that is our next picture. This new front of the school is going to give us an address which we have never had before and it is going to give Coconut Grove and the Golden Gate area aomething to really be proud of. Mayor Ferre: It that under way now? Mrs. Colsky: The plans have just been approved, we hope to have,(/ believe Mr. Clark is in the audience, ---bids are to go out, ---April?) around April we hope to have final bids and have construction begin over the summer,by Fall, when the children start coming to school there will be a new front road new front door, a whole new area. a new ball game. This is what Coral Gables,HUD and the Board of Edcuation has done for us. I want to quote Mr. Robert Bowen who is the school architect, as to the reason why we have gotten such good cooperation from these officials. When a community shows a total commitment, the'School Board more often than not, will attempt to do its share. We are now asking the City of Miami to do its share. Many of you perhaps don't know that the boundary line between the City of Coral Gables and Miami runs right through the middle of our school. That is why Coral Gables is responsible for one half of our campus, and the City of Miami is responsible for the other half . It is on the Miami side that Grand Ave. Park is, this is the playing field for our P.E. classes, because we don't have any open space of our own. It is also a community park, that is open to anyone who wishes to use it at any time, be he truant, drop -out or citizen. We want to protect our children who are there on school property, doing school activities, but are open to harassment from anyone who wants to wander in there. If we try to encourage students to take part in these after school programs, and try to teach them to get along with one another, we have to do it without this kind of harassment, under a super- vised area situation, we can do it so much better. We feel if you develop that incinerator park, and extend the recreational facilities and area, it will take some of the pressure off this Grand Ave. Park which I believe is to be included in the whole project anyway, and will give us a better opportunity to help our children. The Dade County School Administration plans are in the works now for even more development of the Carver complex. It could possible become a model educational center and to quote Mr. Bowen again, before we get down to plans, we have to speak with the City of Miami officials on their plans for Old Smokey, we hope to use the Old Smokey area, ---we hope they will. Gentlemen, the shape these plans take depends upon your decision to appropriate enough funds to start a park. We urge you to take action. It has often been said that to teach children, you have got to have little bit of dreamer in you as well as to be an idealist. I think this must be true of any one who serves the City in a Commission post, --you've got to be a little -bit of a dreamer too. A parking place at Old Smokey has long been held as an idealistic dream for many years. Now let's make it a reality. Thank you. Rev. Gibson: Let me ask Mrs. Miller a question. Mrs. Miller, you have Carver Elementary School there, ----I heard some discussion the other day about that elementary school, the University of Miami has, you are going to move Carver Elementary, you know the children who live in that area will not have an opportunity to be going to that school. How do you explain that to us today, and you are going to ask the City to give you that park area, and all that ----- �C� 2/28/74 Let me explain to the City, my fellow Commissioners, the line she is talking about is the west end, most westerly, end of your park, that,is what she is talking about. That is where the City of Miami no longer goes and Coral Gables picks up, Carver Elementary is in Coral Gables, the park they are using is in theCity of Miami. I happen to be one of the advocates of using old Smokey for a park, but I am also concerned, and now you want to get rid of that fashionable elementary school on the university of Miami sites, and replace Carver Elementary, explain to the Commission. Mrs. Miller: I'd like to show you this map to clarify the problem that we have. Generally speaking and according to State regulations, when the School Board builds a school, we are suppose to provide in conjunction with the school, a play ground area. An elementary school is supposed to have 10 acres owned by the School Board, a Junior High should have 15, a Senior High 20. Big Carver, we call this big Carver, and this is little Carver, the elementary, these two schools were built it appears to have been unfortunately, the need for land over- looked and instead of the school Board at the time that these schools were built, they used this Grand Ave. Park which belongs to the City. We don't even have a formal agreement. As Mrs. Colsky indicated, since this is a City of Miami Park, in addition to these thousands of children who use this a playground area, anybody from the neighborhood has the right to come into this park any time of the day or night. This does create many problems because since legally, any citizen has the right to come into this park simultaneously while we are running school activities. If you develop Old Smokey, that would give us the opportunity to come to you and ask the City of Miami for some sort of lease arrangement where we could utilize it for our children during the day and also for the Community School and after school activities. Big Carver is in excellent conditions, it was originally designed as a High School and is now used as a 7th Grade Center. Little Carver, a part of it is new, this section is very old and it has been recommended by the State survey Commission that it either be renovated or demolished, so the alternatives that the School Board has, --West Lab, which Rev. Gibson asked me about, will be presented before the Board, some of you may have read the discussion and the Board will have three alternatives. The University is making a proposition to the Board, they need the land and they want to purchase and reimburse us for our West Lab elementary school. I hope I am not Losing you, but these are all interlocked. The Board will have 3 choices, No. 1 turn the University down, No. 2 accept the money and close the West Lab School all together and No. 3 accept the money and relocate the West Lab School. One of the suggestions, this is not official, that have been made is that this.school be renovated to be the West Lab School and that Its it retain racial breakdown which would be, if it is going to be a laboratory school reflective of the community, 25% Black, 25% Spanish 50% Anglo, that is our school population. This is not definitive, this one suggestion that has been made. The other alternative would be for the School Board to put West Lab elsewhere, close it out, or decide to spend money to renovate the school and bring it up to the standards as it should be. Big Carver will definitely be retained as a 7th grade center. This school has 12 feeder schools that feed into it, it is a very, very, important school because it is a symbol and pilot, ----we have children from many areas attending this school, and we wish to keep this school functioning the way it is now, and we feel that if we had a use of this land secure, we would be able to retain this as a model 7th grade center and this will be retained as either an elementary or conceiveably the West Lab elementary, depending upon the feed back we get from the community. 8 2/28/74 ReV. Gibson: Mrs. Miller, but you aren't telling the boye•- the &card needs to know that any land they give you must be given with the full consciousness that they, ---I am talking about the ComMission,---that the Commission needs to be aware that any land they give you must be given with the full consciousness that the City of Miami has the bulk of people involved. I know that story even when I am sound asleep. The reason they didn't buy no land in those days is because Wisehart andbought the land from us. I know the story. I am not opposed to moving old Smokey, but what I want you to answer for this commission's purpose, so when you go down to vote you say to them, we don't want them to bring West Lab into Carver Elementary, which then tells you, the Commission, that all those children who live in there must be transported and go elsewhere, and West Lab gets to be a special animal in the, ----right where you won't be giving up that land. Mrs. Miller: Rev. Gibson you were always on target. Rev. Gibson: All I am saying to the Commission is that I want to suggest to the Commission, if, after you have heard, that you get that land, but you also add the clincher, ---don't let the Board do what I think they are inclined to do, --take Carver, no longer make it an elementary school, --you have one of the finest relationship going and Carver elementary school I have seen anywhere --what I am trying to say to this Commission is the Board is about to destroy it. If what I am saying is not true, say it isn't, ----I am saying to the Commission, yes, get rid of old Smokey, but let's also say, what they are telling you also is, that sooner or later they are coming back to you and they are going to ask you to close off, what is that street, Jefferson, yes, Jefferson, between Old Smokey and the park. Mrs. Miller: Yes, Rev. Gibson: ---which is not a bad thing, but it seems to me that if you want us to give you something, you ought to assure this Commission that you are going to give us something. Follow me? Mrs. Miller: Yes,---- In other words you are indicating which I have no way of assessing a community feelings, that you would like to retain these two schools as is. In any event, if little Carver is retained precisely as it is, it needs renovation, and would entail an obligation on the part of the School Board, no matter what children are there, this school must be up graded, because it is badly deteriorated. If this is the feeling of the Commission, then the stipulations under which you want to make the agreement, fine, I know i have a thousand children playing on this playground right here that I am concerned about. I am concerned about the hundreds of children who will be coming here for the after school program thanks to your generosity, that is City of Miami money, and I want to assure any parents, Black or White, that when their child comes to this school, and stays after school, that they will be secure. Rev. Gibson: Let me help you a little bit further. i think the Commission needs to be aware that part of the property to the north of Old Smokey needs to be really looked at with a fine-toothed comb. Some of those lots are only 25', and it might well be that not only we need to be concerned about Old Smokey but in the widening of that street, if that is what you have in 9U 2/20/74 mind, that despite the fact there will be some people who will raise holy rain,- -- -if you want to beautify the area, as HUD had in mind sometime ago about a covered walk from Douglas Road down, the City of Miami ought to also in an effort to help, writer' with you, and when I say you, I mean all parties in the School, in order not only to widen the street but beautify it, and maybe have to up -root some one or two people, to give you maximum use of the property. Mrs. Miller: Gentlemen, and ladies, as Mrs. Colsky indicated to really do an affective job, governing bodies have to work together. We are working together with Coral Gables on this entrance and bus plaza, none of us can operate in a vacuum. This kind of joint effort will certainly up -grade the school facility we have. We haven't asked you for this Grand Ave. Park, Mr. Plummer: Yet, ---- Mrs. Miller: ----but I am asking you now, with the proviso that you move ahead with your old Smokey. You can't take away parks from the people in an area unless you replace it. This is a community school, so that anybody who would be attending the community school would have use of this area. There are lots activities running till the late evening, but just want the parent whose child is there night or day, that we are super- vising it, maintaining it and will keep it secure. plus the park facilities that will be across the street. Mr. Plummer: Do I understand one thing, Mrs. Miller, that is, if you, the School Board were to petition this Commission to allocate certain parts of Grand Ave. Park, if you would reimburse us for projects elsewhere in the immediate area. Mrs. Miller: No, we have not made that proposal, ---- Mr. Plummer: But if you do, ---- Mrs. Miller: The City of,Miami Beach, just to establish a precedent, in an attempt to have a top-notch high school, donated 20 acres of land to the School Board. If the City of Miarnis---the school is already here. If the City of Miami wants to help us and help yourself, have an outstanding school complex, we would like to :lave you donate this piece of land and I would prefer to put the money into up -grading the facilities. It is possible there could be some negotiation and we could work out something, but the historical precedent has been set in other cities where, when a city wants a good school facility, they have donated land. We are not talking today about the donation of Grand Ave. Park, --your agenda item is, whether you want to develop Old Smokey,---- Mr. Plummer: We know what is coming. Rev. Gibson: HUD has indicated a willingness to buy. The NDP people who then recommend to HUD, who then, to the County, ought to be willing to persue the Old Smokey property. Let me go this far, they ought to be willing, I don't think you have a problem about buying the land. Your problem might be, for us to agree to get rid of the land, knowing that we have that chimney there and all that business. I think that could be worked out. I don't think you need to ask us at this point, it may come to that to buy, when I happen to know that HUD has some money that I helped to vote, and perhaps they ought, --as a matter of fact it was recommended. Don't tell them I told you that, it was recommended that they buy the lap 1 for that purpose, and 2/28/74 think where we are, is what we will do with that chimney. Mr. Andrews 1 think we asked you to look into that some months ago. Mr. Andrews: 1 can address myself to that if the Commission • is ready, to tell you what is happening. Mr. Mayor and members of the Commission we are in the process of preparing specification for the demolition of the chimney and the removal of the mechanical equipment. We have had four or five different agencies, four of which were governmental inquire of the City as to the salvage of the mechanical equipment. We haven't received any proposals from these cities, one is Tampa and one is in Dekalb County Georgia, another one in Kentucky. What we are going to do in our specifications is let the contractors who are going to be bidding on the demolition of the stack and the mechanical equipment, not the building itself, we are going to keep that separate, the breaching that goes to the stack and the stack itself and mechanical equipment, we are going to include in those specifications, these governmental agencies so the contractors can contact them tc find out if they want the equipment, if they want the equipment at salvage price it would be reflected in the bids the city would receive, so we are moving ahead now, and are going to ask the Commission a little later, after this presentation to pass a motion for me to proceed with that and get the bids and abolish this stack and the breaching and hopefully get bids for the mechanical equipment so it is all reflected in the salvage. That is one item, the second item is we have surveyed the building and once again, after the separation of the breaching and the mechanical equipment and the stack, and get that removed, we believe that is such a sound building, and it has potential as a recreational building. But it is going to take some ingenuity to achieve that, and what we are suggesting to the City Commission is that here is a possibility to hold an architectural competition that we would furnish, --the architects who would be willing to enter into competition with the criteria as to what we visualize as the use of that building and let them submit to the Commission preliminary designs of how the building would be re -treated for recreational purposes, ---in addition to that the Commission, when the City Attorney advised the Commission that there was a settle- ment of the Konoff engineering case, there was $60,000. the City recovered, and I recommended to the Commission, and the Commission adopted a motion in which they held that $60,000. in reservations for the development of this site and converting it into a park, so that is waiting there to move ahead at that step. Rev. Gibson: Madame President, ---because I have to live with the people in the Grove later on. Let me make sure you understand what I understand. Mrs. Miller: I understand. Rev. Gibson: The two of you, what we are saying is, you have no problem with us. I'indicated to you I think HUD is going to come up with that money. So don't proposition us by about giving you the land, you follow me? All right. We are also saying that we have taken steps to negotiate for the moving of old Smokey, but we will retain the building as a recreational building. In other words that building we have on the front of Grand Ave. may or may not be there, but we are going to be using, ---what he is saying, we will get some architects and try to use the building that you have for old Smokey, that building itself to relocate our recreational activities. Let•me say the way I look at it, you are ahead right now. I hope I don't have to say anymore. Mrs. Miller: I would like to introduce the Principal, 2/20/74 Mr. Gray. who is the principal of Carver Jr. t don't know if he wants to add anything but r think that, we have gotten the meaeage, and the cotntnitment is there, the Board is going to,--"' is coMmitted, to retaining and maintaining this complex. That is what Rev. Gibson wanted to hear. Mayor Terre: Mr. Principal, how are you this afternoon? Mr. Gray, Principal of Carver Jr. High School: Tired, satire as you fellows are, if I may use that word. We have accomplished quite a bit at the school, I am sorry Mrs. Miller having come to support our cause got put on the spot, but I think we need to recognize one thing that I think most of the people in the City of Miami, that for too long, the: City Recreation department had the child by one leg, the Dade County School Board.had him by another leg, the welfare department had him by one arm and another agency by another arm and all pulling in one direction, but not the same direction. One important thing that has happened in the past year at Carver Jr. High, and Father Gibson mentioned that a moment ago, that there have been attempts, --successful attempts to come together and work with the whole child. If you are concerned with him,you are not only concerned with him when he comes to this office, you should be concerned with him every minute of the day, and activity he is involved in to the extent that the organizations, the institutions can work together for the good of the community as a whole. Now, the recreation department, City of Coral Gables and School Board at this particular time are working together for the good of the whole. They are accomplishing great things and I think one of the most important things here is that if we can get the Cbtnmission to realize what we are trying to do and trying to go, and join in with us, not saying(i,you that you aren't working for the Committee for the City or Community, but we need to sit down around the table and put it all together . This is most important. I think the Community, Carver, Coconut Grove, Coral Gables have been sold short of what has taken place in the past five years since I was there, unfortunately or fortunately, whichever the case may be, to have intergration thrust upon that school. He haven't heard of one single incident involving possible corruption, destruction, if you wil , of the school in any manner whatsoever, as a result of integration. This has been over -looked by a number of people. I assume it has been taken for granted,but I think it is about time that some recognition be given to the Coconut Grove community, the Coral Gables Community and the surround- ing areas that have really worked, sacrificed, tolerated and any- thing you can name to make that school work from an integrated standpoint, and they have really sacrificed an untold number of hours. We are asking that the City Commission sit down with us and plan the future of our boys and girls, which includes the city's part in planning for recreation and education and welfare the same as we are. I think this is our purpose here. We need that park, you said it and want to do what you can, most of all, we need to work together for the benefit of the boys and girls in the community in which we are working. Rev. Gibson: Before we let them go, there is a man down there from HUD, Mr. Johnson, we want you to get'uphe mike because we said something earlier about HUD and we want you to hear about the man who died in your project over there for 5 days and nobody knew. That is not what you are here for, but we want to put you on the record, to help get Mr. Adams on the record about that property. Mr. Levi Johnson: My name is Levi Johnson, I am director y� 2/28/74 of technichal and field services for the Neighborhood Dev. Progr division of HUD. I would like to make clear first of all that the I DP program ie under executive mandate to re phased out as of Rune 30, 1974. There are no funds earmarked for acquisition of land on the Old Smokey site. The funds •ae do have, have now all been committed and the contract fc,r the street and drainage improvements in the Golden Gate area, these plans are now under design and we plan to be out for bids sometime in April. There are some other properties that were acquired in the Grove area. at this point the only thing we have going for us for another action year is unfound optimisim. We have been told to prepare a new application. I did not work with the Grove project area committee, I don't know what is included in their new application that is now being prepared. At the same time, we have been told to prepare a new application, the same memorandum from the Federal officials. It does lend to our optimism, that maybe in the next couple of months when the present federal administration has some assurance that Congress is looking favorably at Community devclopment then the Neighborhood Development program will receive additional fundings to fill the gap between the present time, ---- well actually June 30, 1974 to the time when the community development can become law, organized and funded. But at this time there are no funds that are ear marked for any acquisition of land. Mr. Plummer: I think we have two portions here, no. 1 is the architectural competition, I would say at this stage of the game, I would like to hear from Carver, ---are they in favor of ouch? Father Gibson are you in favor? Rev. Gibson: Yes, sir. Mr. Plummer: Do you want to make the motion or do you want me to. Rev. Gibson: I'll do whatever you say. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: A MOTION EXPRESSING THE DESIRE OF THE CITY COMMISSION THAT ARCHITECTURAL COMPETITION FOR CONVERSION OF THE COCONUT GROVE INCINERATOR STRUCTURE INTO A PARK SITE BE INAUGRATED IMMEDIATELY AND DIRECTING THE CITY MANAGER TO EXPEDITE THE PROJECT Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs.Gordon, W. Plummer, Mr. Reboso. (Mayor Ferre absent at roll call) NOES: None. Mr. Plummer: For clarification, so the record will be clear, Mr. Andrews, you are under a mandate of this Commission, that the smokestack is to disappear in 91 days and Father Gibson and I get the right to stick the dynamite to it. Is that going to disburb that competition, because I don't want the architect to know that that long pollution device is up there in the air. Mr. Andrews: That is going to come down, ---if you are going to change the identity of the area. Mr. Plummer: What was the final date you had to negotiate or not. Mr. Andrews: It was 90 days and it is another 30 days or so left. We don't want to wait on that, because I don't if that is going to be fruitful or not. We gleaned all the information 94 2/28/74 we can, and we think, ---- Mr. pluntmer: We give you 90 days and I think we should give you the right atrount of time, but what I am going to schedule for you Mr. City Manager is another motion, that on the 29th day of March, this Commission as well as the participants in the neighborhood are going to be invited at 10:30 in the morning to the starting of the destruction of that smokestack. Mr. Andrews: I don't know if you can do that, Mr. Plummer. We are going to put this out for bids, and receive bids, they will come back to the Commission here for award and scheduling of all that, I don't know that it can happen. We will work as expeditiously as possible to get it under way. Mr. Plummer: I don't like that, on the 29th day of March, at 10 o'clock in the morning we will all gather at the river to push the dynamite handle. I make that in the form of a motion. Rev. Gibson: Mr. Plummer, I hope you understand what we are saying. We are all talking about the smokestack. Let's get that straight,---J.L. why don't we make this kind of commitment, we hope we can tell you, at our meeting on the 28th, that all ..s set for the 29th, if for some reason, and it has t.o be a good reason up here, that it cannot be done on the 29th, we want to work with other people to make sure that shortly thereafter, the you are going to join us at the ceremony. Mr. Andrews: I am not sure how they are going to take it down.I know how anxious the City Commission is to remove the stack, but the 29th,----it just can't happen. Mr. Plummer: The first of April, --- Rev. Gibson: J.L. why don't we make the motion 'or as soon thereafter' Mr. Plummer: Father you can't schedule a ceremony, which this thing rightfully deserves, every funeral should have a ceremony, and I say to you, this ceremony is long over due and let's demolish it and get it moving. Mayor Ferre: This difference is this, and let me tell you, you know a lot about burying people but, I want to tell you about concrete when it sets up heal hard, ---one thing is to lower somebody in the ground, and another thing to blow up some concrete that has been sitting there for 50 years, or I don't know how long. I am going to tell you something, that is going to be one big load of dynamite, to get that thing down, and I doubt very much if it can be done with dynamite. Mr. Plummer: Mr. Mayor, if it is going to be done with a bull dozer, or a heavy ball that is going to be knocking it over, fine, but get it moving. I'll still go back to my original motion, the 29th of March, at 10 A.M. Rev. Gibson wants to make the motion, and I second it. I want every kid in the school to witness it. Andy Crouch is figuring a way to sell the bricks. Mrs. Colsky: You may not be aware Mr. Plummer, but we submitted that idea to Mayor Ferre, by letter on February 6 asking the right to sell the bricks from the smokestack. A ruling was passed, Mr. Cobo sent me a letter yesterday, and the answer is in the affirmative, we do have the right to sell the brick, however the manner of doing so, is another story , so we are not going to get into that right now, but I wanted to make one statement to Father Gibson, you know,,. 9� 2/28-74 there are many ways of doing things, and according to the Bible we got rid of sacrifice using symbolic prayer. Let's get rid of that stDkestack if we have to even symbolicly, but let's have that dedication, and ceremony, Rev. Gibson: I made the motion, ---- Mayor Ferre: Mrs, Colsky, I want to personally on behalf of the City and the Commission and myself, thank you for all the interest for the dedication that you and the rest of the PTA, Little HUD the School Board, all the people involved in this, it is really heart-warming situation to watch, people working together, in the best interest of the community. I think your idea of selling the bricks is wonderful, and I hope it works out well. I am sure you will find the administration will cooperate, if possible. I don't know how you are going to get those bricks out, and that is another question, Mr. Andrews: There is Little chance any bricks will be left. First of all, it is a poured concrete stack, with a brick liner inside, and when that comes down, that is going to bust all up. Mr. Plummer: We have a motion on the floor. The City Manager has asked Father Gibson to incorporate in his motion, that he be authorized to receive bids for the demolition awarded to the lowest bidder, and the money is to come from the 60,000 dollar reserve. Mr. Andrews: I would report to the Commission the progress, and all details so you are kept apprised of it. Thereupon the following motion was introduced by Rev. Gibson, who moved its adoption: MOTION NO. 74-146 A MOTION FIXING MARCH 29, 1974 AT 10 0"CLOCK A.M. AS THE DATE AND TIME FOR CEREMONIES INAUGURATING THE DEMOLITION OF THE COCONUT GROVE INCINERATOR SMOKESTACK, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO RECEIVE BIDS AND AWARD CONTRACT TO THE LOWEST BIDDER FOR THE DEMOLITION OF THIS STRUCTURE, WITH MONEYS FOR SAID WORK TO BE PROVIDED FROM A RESERVE ACCOUNT CONSISTING OF REVENUES FROM SALE OF SALVAGED EQUIPMENT CONTAINED IN THIS FACILITY upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr.Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 57, NOMINATION OF APPOINTEES TO STATE OF FLORIDA - REGIONAL MANPOWER PLANNING BOARD Mayor Ferre: This is not for regional manpower planning funds that we are to receive, but rPther to act as an advisory board to other smaller cities in our area ----Paul's talking that I am saying it wrong, on federal,Florida regional manpower require- ments, and I think we need to have people nominated from the City of Miami that are knowledgeable on what regional man power planning is all about, so I ask the Manager to follow the example of the Metro manager and recommend some people to us that are knowledgeable for our consideration. I might point out that in the case of Metro they appointed two people from the administration, and one was 9U 2/28/74 Dewey Knight. and 1 forget the other one, ----Charley Potter with Burdines, Mrs. Gordon: ----and Elaine Blume, representing Dade County. Mayor Ferre: Does anybody have an recommendations? Mrs. Gordon: I do.Francine Thomas, a very knowledgeable young lady with FIU is heading the affirmative action department for Florida International University. She is a very capable individual. I would like to nominate her. Mr. Andrews: May I make a suggestion to the Commission. I recognize that the commission wants all the freedom in the world to make appointments. But I recommend you pick people who are all ready part of, --that is why the memorandum was sent to you, part of the manpower executive committee and staff, and the people that were selected' by the County have been selected from that area. I have recommendations to make to the Commission if you wanted them, but that is up to you. Mayor Ferre: Let's hear your recommendations, we may not follow them. Mr. Andrews: I think you should select, and if they will accept, and I will find out at a later time, Edwardo Cardone who is Dean of Instructions at Miami Dade Community College is one, and the other, Lester Freeman, with the Chamber of Commerce. Mrs. Gordon: If he don't name a woman I will be disappointed in him.. I am tell, you before you name the 3rd one. Mayor Ferre: I am not going to give you a 3rd one, ---she had better be Black and Jewish, Mrs. Gordon: I will tell you Francine Thomas is a Black girl, and would fit in very well in this group. Mr. Andrews; Does she have any knowledge of the Manpower program? Mrs. Gordon: Yes, she is in the affirmative action, that has to do with Manpower and all the rest. You might contact her and interview her, --and see if you agree she can do the job. Mayor Ferre: Who is the 3rd recommendation, -- Mrs. Gordon: He is not going to tell us now. Mr. Andrews; It was going to be the City Manager Mayor Ferre: Is there a motion for Edwardo Lester Freeman and Francine Thomas? Mrs. Gordon: I'll move it. Mr. Reboso: I'll second it. Mr. Plummer: The only thing that bothers me Mr. Mayor is the City Manager did express the desire that he would like to be on it. 9' 2/28/74 Mrs. Gordon: He could be ex-officio, Mr. Plummer: Fine, call the vote, Mr. Andrews: Fine, Thereupon the following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION NO. 74M-147 A MOTION APPOINTING EDUARDO PADRON, LESTER FREEMAN AND FRANCINE THOMAS TO THE STATE REGIONAL MANPOWER PLANNING BOARD Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. (Rev. Gibson absent.) Mr.Andrews: There were three questions that Commission Gordon rose in reference to this matter and I think we had better answer those, otherwise it will be a matter left un- attended. You wrote in a memorandum to. the Commission, Commission Gordon asked how often will the Planning Board meet and it will be three or four times a year. that this Board will meet, and if there would be travel expenses to cover travel and this is possible. The meetings will take place in Dade or Broward counties and travel may not become a problem, and will current service on County or Municipal board preclude service to the State? No, it will not. Mrs. Gordon: Okay, ----Francine Thomas is on CRB, so--- Mr. Andrews: ---it won't preclude it. 58. APPOINTMENT OF MEMBERS TO CULTURAL ARTS ADVISORY COMMITTEE: Mayor Ferre: Do we have any recommendations. Mr. Plummer: We had one from the Beautification Committee that, rather than duplicating a second committee, that they had more than ample members, that they could serve on this Board. Mayor Ferre: Why don't you select one, J. L. and get it rolling. Mr. Plummer: I'll nominate Mr. Al Paliot, the Chairman of that Board. Has there be a number set? Mayor Ferre: No, ----the number now is five, but we don't have to have five, ----I wouldn't want to have a committee of 50 or 20. If you want to make it larger, one, two or three mare that is reasonable. Mrs. Gordon: May I ask for Nora Swan who is very knowledgeable on the subject. Mayor Ferre: Let me do this, Nora you have been here three hours, and I appologize, let me do this, with your concurrence, unless there are objections, 1 would like to select Nora Swan as Chairman of this group, and eventually you: will have to have an election within your own group as to who the Chairman is going to be, but for now I would like to select you as Chairman 90 2/28/74 the Art ► Mt. Plummer: I am advised by the City Attorney that the ordinance does call for 5 members, and we have to Change the ordinance if you increase it. Mayor Ferre: We can do that too. So I would like to select Mora Swan as Chairman. Mrs. Gordon: I would appoint Ms. Griffin Smith who is the Art Editor of the Miami Herald. Mr. Plummer: Mr. Lloyd there was something discussed at the Dade League that preempted our power to have such a committee. Have you looked into that? There was something there that the County Manager and they do have a committee by the way, which is formulating criteria and guidelines for what kind of art will be selected, and I know at the Dade League we passed a unanimous motion, opposing the right of the individual municipality from doing their own selecting but the County had gone ahead and had said we are going to do it. Mrs. Gordon: I would like to know when the League dictates to the City of Miami what we have to do, since when? Mr. Plummer: Because it is a Metro ordinance. Mrs. Gordon: Not the League. Mr. Plummer: No, Rose I said this was discussion at the League. This is a Metropolitan Dade County ordinance, --- Mayor Ferre: We appointed e. committee, I remember recently an Art Monument and Public Buildings Committee. We just appointed them. Mrs. Gordon: We have an ordinance but we didn't make the appointments, so now we are doing what we need to do to fulfill that ordinance. Mr. Plummer: As long as it is clear, but something in my mind. Mr. Andrews: What you are thinking about is the ordinance provides very clearly for the Commission, that the Commission has a right to appoint an advisory Board, and we set up our own Board and administer over it. What you are referring to is, that the County is going to establish standards for the guidance of all these boards that are going to be set up in the County , so there is uniformity in treatment. Mr. Plummer: Okay, fine. I know there was some question, because they were going to take that right away from us, and fought to keep the right to select our own. Mayor Ferre: Do we have the right,or not? Mr. Plummer: Yes. Mayor Ferre: We have here the appointment of Gorge IChuly, Architect, his office is in CoconutGrove. He is a prominent practicing architect. We also have the nomination of Wilfredo Alcober, he is the cultural director of The Dairos de los Americas newspaper, and well known art critic in our community. -9:0 2/28/74 Mire. Gordon: How many does that make? Mayor Parr.: That Makes five, I think you have a good cittee there. Do you went to change the ordinance and make it !tore -- Mr. Plummer: Mr. Mayor may I suggest this, because I would like some of their in put if further members are to be selected. Mayor Ferre: Nora, you call your committee and have a meeting and come back with a recommendation. Thereupon the following motion was introduced by Rev. Gibson who moved its adoption: MOTION NO. 74-148 A MOTION APPOINTING FIVE MEMBERS TO THE CULTURAL ARTS ADVISORYCOMMITTEE OF THE CITY OF MIAMI The following named persons are hereby appointed to the Cultural Arts Advisory Committee of the City of Miami: Nora Swan, Chairperson, Wilfredo Alcober, Ms Griffin Smith, George Khuly and E. Albert Pallot. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 59, APPOINT COMMISSIONER REBOSO TO BOARD OF DIRECTORS OF THE GREATER MIAMI TRAFFIC ASSN. The following resolution was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-149 A MOTION APPOINTING VICE -MAYOR MANOLO REBOSO TO THE BOARD OF DIRECTORS OF THE GREATER MIAMI TRAFFIC ASSOCIATION Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre; NOES: None. 60 . SELECTION OF BOARD MEMBERS PUBLIC & PRIVATE AGENCIES RECEIVING FEDERAL REVENUE SHARING FUNDS Mayor Ferre: Mr. Plummer, you don't want to vote on this? Mr. Plummer: I will make no appointments. Mayor Ferre: So the appointments are up for discussion. Mrs. Gordon; Legal services of Greater, Miami, I have an appointee for that one, Eileen Campion in the City of Miami, lUu 2/28/74 very knowledgeable, in fact she is connected with the Federal Goverrilte nt . Mr. PlUMMer: Nose this thing you just handed out, are you going to preempt my making the motion. Mrs. Gordon: This is just Dade County Commission to Move is very simple and that is all simply what is says to ask the the area back to NDP area, it there in to it. Mr.Plummer: As you might recall at the meeting the other night, I said I was going to make such a motion. Mrs. Gordon: That is a different story. This is to move it back. ---to the NDP area, the CIP boundary lines, which they presently have up to 27th Avenue and for no reason at all because it doesn't belong there. That was what the hearing was the other night that we all attended. Mayor Ferre: On these appointments. here is what I would like to do, let's start with easy ones. There are several, ---- Plummer, before you go, you mind being appointed to the St. Luke's Educa tional Center with Dr. Sheppard, you don't have any objections to that? I think since you work well with Dr. Sheppard. I think we ought to have-J.L. Plummer on that committee, if that is all right with you. The next one is Dr. Martin Luther King, we already have Canon Gibson, okay. The Tenants Security Association, Commission Reboso is on. --- that takes care of Gibson, Plummer and Reboso,is there any one board you would like to serve on. Rose, --- Mrs. Gordon: I have some persons who could serve very well, ---- Mayor Ferre: I am not asking you that, I know you have persons. but I want to get this over with first and then we will go to other persons. Mrs. Gordon: I would like very much to work with the Dade County School Board even though you don't have to have a person. we are still, and I am still a liaison, and have been, with Dr. in the planning of the after school care program and I'd like to continue in that. Mayor Ferre; That is fine but that does not require any, ---- Mrs. Gordon: I read the minutes of the meeting and it did say it does have to have a liaison, even with govermental agencies. Mayor Ferre: Okay, you are the liaison, if that is acceptable to the rest of the Commission. Mrs. Gordon: ----with the Dade County School. Mayor Ferre: All right, now, that leaves Women in Distress, Legal Services, Self Help, Belafonte Tacolcy Center, and FIU Day Care Center. Mrs. Gordon: Mr. Mayor in readin g the minutes, I found in the discussion that Officer Robert Parkings is on the Board of Directors of Women in Distress, and I think it appropriate he just be our liaison. Mayor Ferre: That is fine, if you are going to do that, then I go right through this whole thing, and pick people that are already on the board to represent us. 101. 2/28/74 Mrs. Gordon: I have no objection, — Mayor perre:'he other idea 1 had in this, Rose is, that in Women in Distress I don't see any Latin names, and I would like to see a Latin in there. Mrs. Gordon: Okay, you want to appoint someone? Mayor Ferre: Either Anna Weiss, don't you know Anna Weiss, she is Puerto Rican believe it or not and she is very a ctive in a lot of civic,she is a school teacher by the way. Mrs. Gordon: That would be nice. Mayor Ferre: I think Anna Weiss,•• ----I don't know if she will accept this, I haven't talked to her about this. Mrs. Gordon: I would like to appoint Eileen Campion to Legal Services because of her unique knowledge. She is an attorney, has distinguished herself in community service as past president of Committee of 100. I have a lady of very unique qualifications, but I don't know where you would fit her in best. Her name is Linda R. Slote, she is regional coordinator for the Drug abuse program, Department of Health and Rehabilitative Services for the State of Florida, and she would fit in very well on one of the drug programs. The only one I can find is the Belafonte Tacolcy Center which has a drug rap program. Mayor Ferre: You want to appoint her then? Mrs. Gordon: If you have no objection, or anyone else you want in that slot. We don't have another drug program other than the one we appointed Mr. Plummer to. Mayor Ferre: Tell me'fhe name again please. Mrs. Gordon: Her name is Linda R. Slote. Mayor Ferre: And you will submit to the Clerk for the record, her background and all that? Mrs. Gordon: I have the information here. I'll give it to the Clerk . Mayor Ferre: What else do you have? Mrs. Gordon: Nancy Dawkins who appears to me to fit in very well on the Fla. International Univ. Day Care center program. Nancy is an occupational specialist for Booker T. Washington Jr. High School. She is active in business and professional women's clubs. Mayor Ferre: Does anybody else have names? Nancy Dawkins, ---- you submit her dozier to the Clerk, Rose. Mrs. Gordon: Yes I will. That is it, I think we have covered them all. Thereupon the following motion was introduced by Mrs. Gordon who moved its adoption: 2/28/74 104 MOTION NO. 74-150 A MOTION APPOINTING REPRESENTATIVES OF THE CITY OF MIAMI ON VARIOUS BOARDS OF DIRECTORS OF CHARITABLE ORGANIZATIONS RECEIVING FEDERAL REVENUE SHARING FUNDS FROM THE CITY OF MIAMI That the following named persons are hereby appointed as the City of Miami's representatives on the respective boards of directors of the charitable organizations listed which are receiving federal revenue sharing funds from the City of Miami: Legal Services of Greater Miami, Inc. -Eileen Campion St. Luke's Educational Center, Inc.-J.L.Plummer, Jr. Martin Luther King Boulevard Development Corporation Reverend Theodore R. Gibson Tenant Security Association - Manolo Reboso Dade County Publi^ Schools - Rose Gordon Women In Distress, Inc. - Anna Weiss Belafonte Tacolcy Center, Inc. - Linda R. Slote Florida International University - Nancy Dawkins Self -Help Community Council, Inc. - Roxana B. Dear Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre: NOES: None. (Mr. Plummer abstaining) 61, BEIDEJEW EFFECTIVE DATE BLOOD PLASMA DONORS ORDINANCE An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8224 DEALING WITH THE ESTABLISHMENT OF THE CITY OF MIAMI'S COMMERCIAL BLOOD DONORS BOARD BY ESTABLISHING A NEW EFFECTIVE DATE; DECLAR- ING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS • THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE was introduced by Mr. Plummer, and seconded by Rev. 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: Mr. Reboso, Mr. Plummer Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8237. 62, CONFIRM ACTION OF CITY MANAGER PAYMENT OF $95011,,,000 EMINENT ALLOCATINGM$;,1/5,UUU TON COVER COSTS OF ACQUISITION The following resolution was introduced by Mr. Plummer who moved its adoption: 100 2/28/74 RESOLUTION NO. 74-151 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ACQUIRING THE PROPERTY INVOLVED IN CIRCUIT COURT CASE NO. 73-15433, CITY OF MIAMI, FLORIDA vs. COCONUT GROVE MARINE PROPERTIES, INC., FORMERLY KNOWN AS COCONUT GROVE MARINA, INC., ET AL. BY SATISFYING THE JUDGMENT FOR $950,000.00 AND ALLOC- ATING THE SUM OF $1,175,000.00 FROM THE 1972 PARK AND RECREATIONAL FACILITIES BOND FUND TO ACQUIRE SAID PROPERTY AND FOR COST INCIDENTAL TO THE ACQUISITION OF SAID PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 63, APPROVE CONTRACT BETWEEN UNIVERSITY OF MIAMI SCHOOL OF MEDICINE -PHYSICIAN FOR MIAMI FIRE DEPT, RESCUE UNIT The following resolution was introduced by Mr.Plummer, who moved its adoption: RESOLUTION NO. 74-152 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE, DEPARTMENT OF SURGERY, AUTHORIZING THE SERVICES OF A LICENSED PHYSICIAN TO PERFORM NECESSARY MEDICAL EMERGENCY SERVICES FOR THE MIAMI FIRE DEPARTMENT RESCUE UNITS IN THE AMOUNT OF $2,591. FOR MALPRACTICE INSURANCE AND $10,000. FOR THE SENIOR MEDICAL ADVISOR; FOR A TOTAL AMOUNT OF $12,591. ANNUALLY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, aid adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson and Mayor Ferre. 64, REAFFIRM POLICY OF THE CITY COMMISSION TO PROCEED WITH DEVELOPMENT OF SEWAGE DISPOSAL FACILITIES ON VIRGINIA KEY ALSO REQUESTING SEPARATION OF THREE DISTRICT PLAN the resolution was passed Mrs. Gordon, Mr. Plummer, NOES: None. Mr. Andrews: This is to reaffirm City Commission's position on the treatment facilities for the whole central district, ---- Mr. Plummer: Mr. Mayor I would like to see, because of all the controversy surrounding this, we hold this until the 1st meeting in March. 1 U 'i 2/28/74 Mayor Ferre: J. L., let's talk about this. The reason for this is, and I don't want to criticize my friend and fellow Mayor John Stembridge, who is a fine, dedicated public servant. He cast a vote the other evening which, may put in jeopardy an awful lot of things, --there is a question about it. Claude Pepper says it will, and Claude Pepper speaks pretty good, and he has the worried about it, so all we are trying to do here, is to say that by reaffirming our position, as far as our portion of it, which is expansion of Virginia Key, -- if he don't want it for his city, the City of Miami wants that nice federal money for the City of Miami expansion at Virginia Key, and that is all we are doing right here. This has nothing to do with what goes on Biscayne Blvd. that comes later. Mr. Plummer: You see Mr. Mayor, I disagree with you, and the one contention that was brought out by the EPA in Atlanta was, that there is no way you can slice the cake. The man has already said that. Mayor Ferre: He may change his mind on that. The Federal Government does all the time. Mr. Plummer: I hate to get the City of Miami involved in a controversy that is not ours at the present time. Mr. Andrews: But you will be looking at for the City of Miami.' s interest, Mr. Plummer: This is nothing more than to reaffirm, --- this is not to make the resolution, this is to reaffirm the position,---- t�s. Andrews: ----further requesting that Miami Metro Water ald Sewer Authority make every effort to separate the three -district plan for sewage treatment, thereby ---- Mrs. Gordon: I think we can't go wrong in moving this. I can't see how we can, so I'll move it. Mr. Plummer: I read in the paper this morning, and I have to admit I take what I read in the paper to be gospel, the man said,the man in Atlanta said, what is his name, Ravel, Rayvans, said you cannot separate the plans. Here is the City of Miami coming in the back door and asking them to separate the City of Miami. The man said you can't do it, --- Mayor Ferre: How many times have you seen the federal government flip around and change their mind in less than 24 hours? Mr. Plummer: What harm would it do to wait until the 14th of March to make this reaffirmed? Mayor Ferre: We want to show the federal government that me mean business, we are sorry the City of North Miami took their position, but they are not speaking for us. That is all this says. Mrs. Gordon: I like the point you are making here about separating, or asking that efforts be made to separate, other- wise if we don't express this, they don't know that they want them to do this. Mr. Plummer: Rose, the point I am trying to make, the federal said that if you take any one towel out, we will throw IU D 2/2$fl4 the Whole thing out. Mayor Pierre: We are asking the federal government, please don't talc'? that position because you are going to hurt a lot of people in Miami who really need this sewer plant. Mr. Plun*ner: I am all behind that. I am all for it. We are getting ourselves involved in a controversy we should not be. Mayor Pierre: I think we ought to be in it. You say we don't wait to get into this controversy, --we already did. We passed a resolution last time asking Stembridge not to do what he did. Mr. Plummer: That is right, for the entire project. I am going to vote for the question Mr. Mayor. I think you are being premature until this other matter has been settled. Mayor Ferre: J.L. you may be right, but my opinion we have nothing to lose, and maybe we might gain something. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-153 A RESOLUTION REAFFIRMING THE CITY COMMISSION'S POLICY TO PROCEED AS REQUESTED AS SOON AS POSSIBLE WITH DEVELOPMENT OF SEWAGE DISPOSAL FACILITIES ON VIRGINIA KEY; FURTHER REQUESTING THAT THE MIAMI- DADE WATER AND SEWER AUTHORITH MAKE EVERY EFFORT TO SEPARATE THE THREE DISTRICT PLAN FOR SEWAGE TREATMENT IN DADE COUNTY, THEREBY PERMITTING IMMEDIATE IMPLEMENTATION OF THE IMPROVEMENTS PLANS FOR THE CENTRAL DISTRICT SERVING THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr.Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 65, AUTHORIZE SUBORDINATION OF CITY PROPERTY IN SPORTSMAN's PARK ORANGE BOWL COMMITTEE WAREHOUSE ADDITION Mr. Andrews: Mr. Mayor and members of the Commission, we have found a way to finance the Orange Bowl warehouse addition. it is going to take three more months before we can come to the Commission with the final plans for the issuance of certificates of indebtedness until that time, we want permission to go ahead and start the construction. The Orange Bowl Committee has the money. They want to go ahead and do this, and we need it for the next Orange Bowl parade. The financing will run like this, --the O. Bowl Committee now has the money. They will make construction, the 2/28/74 1 10i 4,10 City of Miami Will buy the facility on the basis of issuance of .certificates of indebtedness. A bank in Miami will purchase,-.... Mayor Ferree Against 'who, ---- Mr. Andrews: ----against the lease arrangement from the Orange Bowl committee over a 15 year period. A bank in Miami will buy the certificates of indebtedness and will be paid Off as lease payment are made. Mayor Ferre: Mr. Andrews, would you make sure, --I don't know how the Commission is going to vote, --if we go this route make sure they go through the City of Miami's procedures, that means they put it out for bid, and the whole bit, ---- Mr. Andrews: They are guaranteed with one bid from a bank in Miami, so we will be guaranteed, they have a commitment, that was the important thing. Mayor Ferre: How much money, ---- Mr. Andrews: $240,000.00 or thereabouts. Mayor Ferre: Do you recommend this? Mr. Andrews: Yes, sir. Mayor Ferre: Any further discussion, call the roll. Thereupon the following resolution was introduced by Mr. Plummer who Droved its adoption; RESOLUTION NO. 74-154 A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO PROCEED WITH THE SUBORDINATION OF CITY OF MIAMI PROPERTY IN THE SPORTSMEN'S PARK WAREHOUSE SUBDIVISION THEREBY PERMITTING THE ORANGE BOWL COMMITTEE TO BEGIN IMMEDIATE CONSTRUCTION OF THE 3RD. ADDITION TO THE CITY'S WAREHOUSE UTILIZED BY THE ORANGE BOWL COMMITTEE UNTIL SUCH TIME AS FINANCING THROUGH THE ISSUANCE OF CITY CERTIFICATES OF INDEBTEDNESS HAVE BEEN COMPLETED (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote- AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. 10i 2/28/74 4 66, OISCUSSION1 ICTRO-DADE_COUNTY IMPROVEMENT PROGRAM IN COCONUT. GROVE -(C.I.P. PROGRAM) Mrs. Gordon: This is regarding the meeting we had the other night, and it would be, the motion would be to strongly advise the County Commission of our objection to the boundaries of the C.I.P. area in Coconut Grove, and urging them to direct their planning de.- partment to reduce the perimeters to the N.D.P. area. Mr. Plummer: That's one motion. That was not the motion that 1 took a commitment on from them, but unfortunately you prefaced your motion --let me just throw out on the table, Mr. Mayor, -- we had a commitment from Mr. Poisey_ that we would not implement the C.I.P. Program until such time as a public hearing was held by this Commis- sion for implementation. That plan has not been implemented at this time, and I don't know whether you want two motions, or what, here. Mrs. Gordon: Mr. Plummer, I recognize what you were trying to do by making it that they did not do anything until we have a public hearing, but we know that the perimeters of the N.D.P. area are the only areab that the C.I.P. should encompass, and I don't think we need to go any further than the visual aids that were presented to us the other night to know that the areas as designated to 27th Avenue is incorrect, and that whoever did that certainly was in error; and the telegram which I have here before me, which you all have copies of says --and I'll read it into the record: As per Monday, February 25th meeting of Coconut Grove Organization Citizens League, Central Coconut Grove Association, Civic Club, etcetera, we are unanimously on record in opposition to James A. Paisley C.I.P., quote, blighted area, unquote; designation within Coconut Grove . Designation is detrimental, inaccurate and irresponsible, and we trust that you will make our objections a matter of public record. Signed Barry J. Hersker. Mr. Plummer: No question. Mrs. Gordon: So, therefore, the only procedure, in order to get this in motion is to advise the County Commission to notify their planning department that we don't want the C.I.P. perimeters to re- main where they are presently. Mr. Plummer: Let me --you misquoted there a little bit. Mrs. Gordon: I just read the telegram. Mr. Plummer: I am not saying the telegram is in error, but as you will further recall I made it abundantly clear at that meeting that this Commission has a long-standing policy of having public hear- ings. As readily admitted that evening at the hearing --basically we were at a meeting called by three groups, and in no way could that be construed as a legal public hearing; so I would have to go back to my motion which I offered, and Barry Hersker was in favor of, and it seemed like everyone there, that no final decision on C.I.P. be made until the commitment of Mr. Poisey to this Commission of holding a public hearing, so that the public in its entirety can be heard; that no decision be made, and I think that would be the proper motion, Rose. 2-28-74 106 Mrs. Gordon: I don't think so, J. L., because of the fact that there,is no need for any public hearing when we know that 27th Avenue is not a blighted area. It isn't blighted, and it doesn't belong in a C.I.P. profile. Mr. Plummer: Well, Rose, I I think we should hear, or give be heard; and I made that point admitted -- Mrs. Gordon: You could still call a public hearing and still send this resolution over to the County. agree to that point, but still the opportunity to all people to there that night, and they readily Mr. Plummer: Well, then, you are saying, like unfortunately happened to the County the other day. They did what they wanted to; then they held a public hearing. Mrs. Gordon: If you desire you can take this telegram and forward it as a resolution to the County. It says the message right there in it. Mr. Plummer: Well, I don't think there is anything wrong with that telegram accompanying the motion that I am willing to make. Mrs. Gordon: I don't think we need any public hearing, very frankly, and that's my objection. I don't think we need to bring the public in to say what we already know is wrong for our Grove. We know it's wrong. I'll make the motion that the County Commis- sion be advised of this telegram which I have read into the pub- lic record, and that we support the position as outlined in this telegram. Mr. Plummer: Is there a second? Mrs. Gordon: We don't need a second. Mr. Plummer: That's right; we don't need a second any more. Mayor Ferre: Wait a minute. As I understand it --I have been looking into this --Mr. Lloyd (City Attorney), you had better listen to this. Mrs. Gordon: Unless you have rules to change that which are on record --- Mayor Ferre: Mrs. Gordon, will you let me talk? As I under- stand it --and I want you to correct me --under Mason's rules the Chairman has the right to decide whether or not there is going to be a second on a matter like this. Now is that right or wrong? John Lloyd, City Attorney: Mr. Mayor, ril have to confess that after reading Mason's Rules I do not recollect that there is such a statement in Mason's at this time. I do recollect that the statement in Mason's is that motions do not need to be second- ed. Mayor Ferre: Any motion. Mr. Lloyd: That's what he says. I don't remember the page, but it is in there. This I know. 10o 2-28.74 Mayor Ferre: This is the first time I have ever seen a legislative body where a motion can be made without a second. Mr. Plummer: Mr. City Attorney, do I further understand that this Commission has the right to set its own rules? Mr. Lloyd: Yes, sir; the charter provides for that. Mr. Plummer: Mr. Mayor, I make a motion at this time that all motions further before this Commission must require a second. Mrs. Gordon: I am sorry; there is you cannot eradicate a motion that is on the table was that this telegram be sion, and that the County Commission --- a motion on the table and on the table. The motion sent to the County Commis - Mayor Ferre: Why are you always fighting over everything? Mrs. Gordon: Because I believe in fence. If you want to set rules after Call the roll on the motion, which was procedure and not conven- this, that's OK with me. on the telegram. Mayor Ferre: I don't understand all these victories. I don't see that they add or detract in any way. I don't care. If you want to call the roll --- Mrs. Gordon: I am calling for the question, Mr. Mayor. Mayor Ferre: Call the roll. Thereupon the above motion, introduced by Mrs. Gordon, failed to pass by the following vote - AYES: Mrs. Gordon. NOES: Reverend Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre. Mrs. Gordon: I hope you know what you are voting on. The motion you are voting negatively to is that this telegram be for- warded to the County Commission advising them of the position as outlined in this telegram, and that we concur with it. Now you are voting against that; OK, I just wanted you to know. Mr. Plummer: And excluding a public hearing. Mrs. Gordon: I am just saying we are forwarding this, and we agree with this telegram. That's what the motion was; and you are voting against it. Mr. Plummer: That's right, because my motion is going to in- corporate the same thing, but it is going to be worded properly. Mr. Ferre: What's your motion going to be? Mrs. Gordon: Did you finish the roll call? Mayor Ferre: Pb; I have a right to ask before I vote. I am running this meeting, and I am asking Mr. Plummer what his motion is going to be before I vote. Mr. Plummer: Mr. Mayor, my promised the people when we were motion will be the same that 1 there for the meeting d is that we had a commitment from Mr. Poisey that the Dade County 2-28-74 l.iu an that Government will It take any formal action this plan until a public hearing is held before this Commission, so that all the people of Coconut Grove can have an input to this proposal.. Mayor Ferre: All right, I vote no. So now make your rnOtiond 67. REQUIRING SECONDS TO MOTIONS - CITY_ COMMISSION POLICY: Mr. Plummer: I now make a motion, Mr. Ma yor, that any moo., tion further before this Commission requires a second. I offer that in the form of a motion. Reverend Gibson: I second it. Mayor ?erre: Well, you don't need a second at this point. Mr. Plummer: For the attorney to prepare a resolution that motions in the future kefore this Commission require a second be- fore a vote. Thereupon the motion offered by Mr. Plummer was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso arid Mayor Ferre. NOES: None. MOTION NO. 74-155 MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR CONSIDERATION LATER DURING THE MEET- ING A PREPOSED RESOLUTION REQUIRING THAT ALL MOTIONS MADE AT CITY COMMISSION MEETINGS RECEIVE A SECOND PRIOR TO ANY FURTHER ACTION BEING TAKEN ON THEM, 67A. C.I.P. PROGRAM IN COCONUT GROVE (CONT'D) Mr. Plummer: I now make a motion that we keep our promise to the people the other evening that a formal resolution be sent to Metropolitan Dade County that no formal action be taken in refer- ence to the C.I.P. Program in Coconut Grove until the commitment of Mr. Poisey, their representative, of having a --- Mayor Ferre: paisley, James A. Paisley. Mr. Plummer: James A. Paisley; that a public hearing be held before this City Commission for the input of all residents of Coconut Grove can be heard. Mayor Ferre: On that specific matter. Mr. Plummer: On that; well, C.I. P. Program. Reverend Gibson: Second. Mrs. Gordon: Now I want to tell you what you have done. You have put a lot of property owners in jeopardy of getting mortgage money for projects that they are interested in building, and the reason is that every day that this remains in the C.I.P. proposal they are designated as a blighted area; and this is what you have just now done by refusing to go along on this, for what- ever petty reasons there were involved; and this was the logical approach. So I will go along on that, because that is better than nothing, and that's all. Thereupon the following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-156 411 A MOTION URGING THE METROPOLITAN DADE COUNTY COMMISSION TO TAKE NO ACTION WITH REFERENCE TO 2-28-74 111 THE C.I.P. PROGRAM IN COCONUT GROVE UNTIL A PUBLIC HEARING HAS BEEN HELD BEFORE THE CITY COMMISSION ON THE MATTER Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs• Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 68, MOTION OFFICIALLY DENYING CHANGE_ OF HOURS OF SALE_ OF ALCOHOLIC BEVERAGES ON SUNDAYS FOR BARS Mayor Ferre: There has been some question about our not •voting this morning on ,the extension of the liquor licenses to bars. I don't think there was any question as to what the will of this Commission was. It was four -to -one. The simplest way to do it is--Reboso made a motion; he didn't get a second. Just so that nobody is accusing us of playing games around here. It obviously is four -to -one. Will somebody make a motion around here to the contrary. Mr. Plummer: bu mean a motion that we deny the extension? Mayor Ferre: Yes. Mr. Plummer: I'll make a motion. Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. IDES: Mr. Reboso. 69, DESIGNATE. CITY MANAGER AND MAYOR TO GOVERNMENT CENTER FINANCING COMMITTEE The following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-157 A MOTION DESIGNATING MAYOR MAURICE FERRE AND CITY MANAGER P. W. ANDREWS AS THE CITY OF MIAMI'S REPRESENTATIVES ON THE GOVERN- MENT CENTER FINANCING COMMITTEE Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None. Mayor Ferre abstaining. 2-28-74 114 70, PROPOSED ,,RESOLUTION TO HIRE STEVE WYNN AS LEGISLATIVE REPRESENTATIVE .IN TALLAHASSEE The following motion was introduced by Mr. Reboso, who moved its adoption: MOTION NO. 74-158 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR ITS CONSIDERATION A PROPOSED RESOLUTION TO APPOINT MR. STEVE WYNN AS THE CITY'S LEGISLATIVE REPRESENTATIVE IN TALLAHASSEE, FLORIDA Upon being seconded by Reverend Gibson the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 71, NAME BOXING GYM LN COCONUT GROVE THE Rag VIRRICK Boma The following motion was introduced by Reverend Gibson, who moved its adoption: MOTION NO. 74-159 A MOTION NAMING THE AMATEUR BOXING ,GYMNASIUM IN COCONUT GROVE THE ELIZABETH VIRRICK BOXING GYMNASIUM 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. 72, DISCUSSION ITEM_ LIGHTING IN PARK AT FOOT OF KIRK STREET Mr. Plummer: Mr. Mayor, I had asked at the last Commission meeting --it is something that's very vital --Mr. Andrews, I was very concerned about the lighting in this park down here at the foot of Kirk. I have not received a memo why. We allocated the money, and I am very concerned, Mr. Andrews, that something is seriously going to shortly take place that we are going to be sorry for. Now, can you give me a date when these lights are going in? P. W. Andrews, City Manager: I can't give you a date as of today. Mr. Plummer: May I have your assurance that you will make that an emergency priority? I drive by there at night and --- Mr. Andrews: Yes. 2-28-74 13, STATUS REPORT ON NEGOTIATION GanfigtT/IN CHICAGO FOR POLICE TESTING CONSULTANTS Mr. P. W. Andrews, City Manager, made the following statement: I have received a proposal from the University of Chicago in reference to what they will accomplish in so far as re -structuring of the Police Department examination process, and I am satisfied that this is a good proposal, covering an eight -month period in which they will re -structure the patrolmen, the sergeants and the lieutenants examinations. In addition to re -structuring those three examinations, they will make up an interim examination to the best of their ability without providing new study material. They may remove some of the materials that the officers are now studying, but they will no:: add any new materials, and they will help prepare, administer the examination, score the examination and assemble the candidates into a register and submit that regis- ter to me for ratification, and they will accomplish this within a four -month period, so that the City could move'ahead and estab- lish the examination date in four months --- Mayor Ferre: What happens to that exam in the meantime? Mr. Andrews: This is what I am going to tell you. This ex- amination, which was scheduled two months from now, on April the 30th, would now be scheduled at the end of June. This will assist those hundred or hundred and fifty officers who are studying for the sergeants examination, and not put that all in jeopardy; it will keep that all in balance, and I had a very good meeting with Judge McCreary in which we came to an understanding in relation to this matter, and I don't want to speak for him, but I have the feeling that when he left he would advise his clients to accept this process that we are going through. Now the one additional element that is left is that this will cost as much as fifty-two thousand dollars for the first eight months to accomplish. Mr. Plummer: We have got no choice. Mr. Andrews: I think so; and we are dealing with ---it could be somewhat less than that, but I don't want to encourage the Commission that it would be. Mayor Ferre: Are we getting any federal help on that? Mr. Andrews: Yes. Let me tell you the federal help that we will get. We'll try to make application and see if funds are available to assist us in this, but I am going to have to come back to the City Commission, and the City Commission passed several months ago a planned use report for the use of federal revenue sharing funds, an additional increment of funds, to pur- chase equipment; about one million, two hundred thousand dollars worth of equipment for the City. I am going to have to go to that source and ask the Commission to allocate the fifty-two thousand dollars from that source; from Federal Revenue Sharing future -- now hold on, Commissioner Plummer --this is a planned use report that the Commission adopted for public hearing purposes, an in- crement of City funds due through federal revenue sharing for the purchase of equipment for the City. That whole plan is sub - to change and adjustment in accordance with the City's wishes. am recommending that we would take the money from that rourCe, fifty-two thousand dollars of it, and program It for this purpose. 11' 2-28-74 Mr. Plummer: Just let me express my thoughts, Mr. Manager. That's what we have a contingency fund for in the general fund. Mr. Andrews: But not in this amount. Mr. Plummer: The only thing I am getting at is this: We have been whacking away at that federal revenue sharing after it has already been allocated, and we have taken, let's say, the credit for whatever good that is coming out of it, and every time we turn around we are whacking it again. Mr. Andrews: No, no. You misunderstand --and I want to re- emphasize that this has nothing to do with the moneys you have already allocated; nothing to do with it. Mr. Plummer: Where is the fifty thousand? Mr. Andrews: When we received the additional increment of these moneys for a quarter, which was about a million, two hundred thousand, we planned that, in order to get it advertised so that we could have a future public hearing in reference to it for the purchase of equipment for the City of Miami. I want to emphasize that the Commission has complete control and last say-so as to the expenditure of this amount of money, and all I am saying is I am pleading with you to allocate --and I will have the proper ordinances prepared --fifty-two thousand dollars from that source to this very important matter. Mayor Ferre: I just want to mE.ke a point. I think that to spend six thousand dollars a month on the University of Chicago's services for this, for a total of fifty-two thousand dollars, is unbelievable, and I think--i know that this is probably the going fee --I am not saying that anybody is taking somebody over the coals --but I think it is just, in my opinion, nothing but a sham. Mr. Plummer: And it is further complicated by the fact that that's only the first eight months, and this is a five- year program. Mayor Ferre: It is a high -brow, PhD sham, if you will for- give me. And I am sorry. It is just like Frank Lloyd Wright once said about what highbrows were, you know. Mr. Andrews: I appreciate what you are saying. If it were just this City Commission that had to be satisfied, we could approach this problem differently, but you have got so many elements in play here that have to be satisfied; not only the plaintiffs, the court, the City Commission, the federal govern- ment --- Mayor Ferre: But my statement stands, Paul. I go through this all the time in Maule Industries. We have to make a report 2-28-74 11) now to General Electric Credit Corporation to get additional financing. You know what u e have to do? We have to go get some high-falutin'engineering firm, pay them seventy-five thousand dollars; you know why? To use their name. Because we can do the same amount of work for ten or fifteen thousand dollars if we do it in-house. Now we have got to go out and pay people an awful lot of money because we have got to satisfy --in your case we have got to satisfy the federal court and somebody else --in our case, our private case, we have got to satisfy a lending com- pany. Mr. Andrews: I understand what you say, Mr. Mayor. I am, respectfully, not in complete agreement with what you are saying. I would have thought so at first, but the more I get into this and the more I talk about it; the various people, including the people from Chicago, I begin to understand what's involved; and this whole area of testing and validation of testing is an ex- tremely complicated process and requires skill and professional- ism of the highest order if you are going to do a reasonably good job. Mayor Ferre: How many people are involved in this? Mr. Plummer: They said eight, I believe; eight to ten. Mayor Ferre: The week has forty normal working hours; times eight is 360 hours; times four is 1,400 hours. Now 1,400 hours -- Mr. Andrews: Is four dollars an hour, if you figure it that way; five dollars an hour. Mayor Ferre: That's full time. Are they going to be work- ing full time? Mr. Andrews: No; some of the personnel are going to be full time; some are not. Mayor Ferre: How many working hours a month would it be? Mr. Andrews: I don't have that information. Mr. Plummer: What choice do we have? Mr. Andrews: I'd like to have you pass a motion to that effect, so I can --and maybe you would like to hear from Judge McCreary on this. Attorney Jesse McCreary: I represent the plaintiffs in Cohen, et al versus the City of Miami. Mr. Plummer, I did meet with the Civil Service Board. My clients took your advice and decided not to contest the entrance examination as it is presently structured, so that we would not stop Chief Garmire from getting new people into the department. Likewise, let me commend the Civil Service Board. They decided that they would not give the April 30th examination, but rather would wait until the agency could tell them when they could give an examination. My meeting with Mr. Andrews --the agreement was this, as I understand it -- the City would give its entrance examination as planned; we would not contest that in any way, either verbally or in court; the City would then give its sergeant's examination through the 2-28-74 independent agency, which is scheduled for a four -month period frOM this date, and we are pleased with that. Let me say we are satisfied with the conditions, to save some time. Mr. Andrews: They would make up the examination; give the examination; admini$ter it, and establish the register. Mr. McCreary: I have sent carbon copies to all the members of the Commission of the letter I wrote to Mr. Lloyd, and I wish the Commission would consider it on its March 14th meeting. I think it still pertains to this lawsuit. It is in the mail. Mr. Plummer: Based on the fact that I feel we have no choice, I make a motion that --- Mayor Ferre: There is a motion by Mr. Plummer. Is there a second? Reverend Gibson: Second. Mayor Ferre: Call the roll. Clerk: Could I have a brief summary of that motion? Mr. Plummer: The motion is very simple; that not to exceed fifty-two thousand dollars will be taken from the contingency fund of the federal revenue sharing for the first eight months of imple- mentation of the Chicago University's help in meeting the edicts of the federal court as it pertains to the Police Department. Is that clear enough? Mr. Andrews: Yes. Thereupon the motion, as follows: MOTION NO. 74-160 A MOTION TRANSFERRING A SUM OF MONEY NOT TO EXCEED $52,000 FROM THE FEDERAL REVENUE SHARING CONTINGENCY FUND TO PAY FOR THE FIRST EIGHT MONTHS OF THE STUDY BY THE UNIVERSITY OF CHICAGO'S POLICE TESTING CON- SULTANTS was introduced by Mr. Plummer, seconded by Reverend Gibson, and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Reverend Gibson: Mr. Mayor, I thought I had better wait until the motion was passed; but you know I can say --you know, we hired two educators, and I am not so sure we couldn't have gotten much better mileage for our money. One of the reasons I want those two educators to come before us and make that re- port is that if they do we may get some indications that maybe after we have spent this eight months' money, the fifty-two thousand, we don't have to get further, you know. 111 2-28-74 74, CITY .,ATTORNEY _REPORT _ON STATUS OUT. OF COURT SETTLEMENT LITIGATION OF ST.jJOE JAPE$ CO. F. E. C. R.R.j'ROPERTY P. W. Andrews, City Manager, made the following statement: I must report to the Commission that I have an opinion from the City Attorney's office with reference to the Florida East Coast Property in Downtown Miami in which we must issue a fill per- mit to fill approximately thirteen and a half acres of their prop- erty which is now under water. They have obtained this permission through a court order, and the City Attorney's office has informed me that --- Mayor Ferre: In other words we are legally bound to give the permit. Mr. Andrews: We are legally bound. I just wanted to pass this information on to the Commission. You don't have to pass a motion on it. John Lloyd, City Attorney, made the following statement: I am attempting to wrap up all of the negotiations, not only with the F.E.C. but with oui own people as well, and get all of the prices in so that I can come substantially below the quarter of a million dollar limit you placed on the whole thing at your special Commission meeting, if you will remember. I do have this much to say; that Sol Bennet, the appraiser, has submitted his bill for nine thousand, five hundred dollars. We haven't yet got the bill from Fleming. It should be not much more. I say it could be a little more, because I think that Mr. Bennett got a preliminary fee also in a small amount, but I think it would be approximately the same. I am negotiating the fee with Mr. Hadley and I am at- tempting to complete negotiations with the F.E.C. to wind up the matter, and we should be able to wind it up by the next Commission meeting. If not I will have a report on it in any event. I do also have Fleming's fee. It just came. It's eleven thousand dollars. 75, AWARD BID - FERTILIZER The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-161 A RESOLUTION ACCEPTING THE COMPETITIVE BID RECEIVED FROM DIAMOND CHEMICAL COMPANY FOR 8-12-6 FORMULA FERTILIZER AND DIAMOND CHEMICAL COMPANY FOR 4-8-4 FERTILIZER, TOTAL COST $7,505 (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, Mr. Reboso and Mayor Ferre. NOES; None 2-28-74 116 76. OZTY COMMISSION .PROCEDURE POLICY r- REQUIRING SECONDS TO MM The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-162 A RESOLUTION REQUIRING THAT ALL MOTIONS MADE DURING THE CONDUCT OF CITY COMMISSION MEETINGS REQUIRE A SECOND (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Reboso the and adopted by the following vote - AYES: Gordon, Mr. Plummer, Mr. Reboso and Mayor resolution was passed Reverend Gibson, Mrs. Ferre. NOES: None. 77, APPOINT HAZEL BROWL TO POARD OF TRUSTEES OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN The following motion was introduced by Mrs. its adoption: MOTION NO. 74-163 Gordon, who moved A MOTION APPOINTING HAZEL BROWN TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI EMPLOYEES RETIRE- MENT SYSTEM AND PLAN Upon being seconded by Mr. Plummer the motion was adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 78, ORANGE BOWL PROGRESS REPORT Mr. Plummer: Every meeting I have asked the City Manager -- and I am going to hound him to death --Mr. City Manager, I ask you now for a brief report on the re -doing of the Orange Bowl, sir. Mr. Andrews, I will have the report ready prior to the l4th for the Commission, and I have gotten indications from some of the users that they will have by then submitted a plan to the City. Mr. Plummer: What was the final date we gave them? Mr. Andrews: April the first. Mr. Plummer: Mas any further action been taken on the score- board? Mr. Andrews: Only to the extent that we are gathering con- siderable information as to how other governmental agencies and private agencies have obtained their scoreboards, and the kind of arrangements they have gotten into for leasing and advertising, 11, 2-28-74 Mr. Plummer: And wh,n do you expect something to be let out 'On that? Mr. Andrews: Another sixty days. 79, CONSULTANTS PRESENTATIONS MLAMI COMPREHENSIVE 1VEIGHBORHOOD DEVELOPMENT PLAN Mayor Perre: We have presentations to be made by Barton- Aschman Associates, InC., Rogers, Talioferro, Kostritsky and Lamb, and Wallace, McHarg, Roberts and Todd. P. W. Andrews, City Manager: .The representative from Barton- Aschman Associates can get started immediately. They will each have twenty minutes to make a presentation, and there will be a ten-minute question and answer period after each one of these. Mr. Nick Trkla: I am making a presentation on behalf of the firms of Barton-Aschman Associates, Gladstone Associates, and the W. B.JRouse Company, who together have submitted the letter of interest with respect to the Comprehensive Neighborhood Development Planning Program here in the City of Miami. This afternoon has been rather interesting. We have learned some things that I think can have a great deal to do with what we have to say this evening. One comment that partict.larly appealed to me was during the discus- sion on the school issue. The lady was caused to say we have no way of assessing what the neighborhood feelings are. Now I think perhaps that may underscore a little bit of the approach that we would like to bring to you this evening, because it is, at least in our interest, a desire to bring to you an approach to the Comprehensive Neighborhood Development Program here in the City of Miami which is unique and responsive to the needs as you identify them. We received, a letter from the City Manager, Mr. P. W. Andrews, dated January 31, 1973, inviting us to make a pre- sentation, and provided the basic outline for our meeting today. His letter specifically said that we should cover our proposed study organization, and secondly that we should talk about inova- tive planning techniques, and we will respect the request of that letter, and our outline is based upon that which he has asked us to emphasize, and we will also respect the twenty minute time *limit that you presented. In order to make this presentation I think I should tell you a little bit about where we come from, and the kind of approach that we have in mind as we look at the City of Miami. Miami is a city of some complex problems, and these were very appropriately pointed out to us in the study outline prepared by the Planning Department. Secondly, the Neighborhood Development Planning Pro- gram is a very complex study, and I think that requires, at least in our judgment a multidisciplinary, or interdisciplinary approach to resolve some of these problems; so let us get to the outline as proposed by the City Manager and first talk about the proposed study organization. I would like to identify what we consider to be the two basic elements to this study organization. First of all the management framework, which has to deal with how we would organize for the job; how we view the assignment; how we would make our staff assignments, and essentially how the job would be done. And secondly, with respect to our approach and our method-. ology. And let me begin with that management framework. The firma 2-28-74 12u that we have brought together will function as a. unified team, interacting with one another, rather than fulfilling individual contract assignments for separate functional areas. We are bringing them together to bring a common, unified personnel rep-' source in order to complete the assignment; and in this complex there are four components which we believe should be highlighted as we look at how these three firms would interact in serving on this contract with the City of Miami. First of all, with respect to organization: The firms that we have brought together in a hierarchical structure under the direction of a project executive, which will be myself, who have some ten years in community de- velopment housing experience, it would be my responsibility to serve as the corporate responsible agent for the budget and for the management of this job. The key individual, however, would be Mr. Jack Pettigrew, who would serve as the principal on-line coordinator, and who would be dovoting sixty per cent. of his time to this job. We have assembled for the purpose of this as- signment a technical and professional advisory board comprised of senior people at Barton-Aschman Associates, Mr. Trkla, Mr. Eckland and Mr. Fleming. As required by the outline submitted to us by the Planning Department, Mr. Pettigrew would also serve as a member of the control board, which would be integrated with local staff members and others to be the primary local coordinating organization with respect to this job. Now we have made several assumptions with respect to how this assignment should be completed. It is our considered judgment that this job cannot be completed without our establishing in the City of Miami a Florida team office to be comprised of at least three to five members, and meeting necessary skills in this local office. This office should be the coordinator for the various actions to be completed locally, but more importantly the continuity of the job would be insured. Secondly, with respect to the relationship of the local staff and neighbor- hoods, we fully believe this can be achieved, first of all, through the creation of this local office, to have appropriate staff for work and direct contact in the neighborhoods. Secondly, to provide day to day liaison to lccal staff; that there would be participa- tion in the control committee; and thirdly, we would be focusing on periodic work sessions, presentations, policy conferences, all of which would be functions of an over-all detailed work program to be completed for this assignment. I would like to dwell on this particular point, if I could, for a moment. This is indeed a complex assignment, and it is our view that before any task can be undertaken that with the participation of the local staff and those representatives from+the affected neighborhoods, an over-all work program or study design should be completed which would lay out the job in its total context, so that you will know precisely what you are expecting from your consultant during the conduct of this study. Now we believe this is important, because first of all it would refine the objectives, or the end products that you would expect from the study. Secondly, it would identify the work elements, or the tasks to be completed. It would also determine the timing and the sequence and the relationship of all the acti- vities to be completed in this assignment, and how we would inter- act with the local staff and with the people at the neighborhood level. There is one point I cannot stress strongly enough, and that is that the work program cannot be pre -conceived. Miami's problems are just too complex for us to have visited your commun- ity and to come in with a magic work program that tells you that at this point in time we understand completely how that job is to 2-28-74 121 be done. We have the skills; we have the experience; the work programming techniques and capabilities, and it would be our obi jective, if selected to do this assignment, to prepare this work program in conjunction with the local staff, and with the response of those at the neighborhood level. This work program must be de, veloped in a way that reflects the local public policy review, as well as the citizens involvement phases. The fourth element; project control and reporting. You must know where we stand on this assignment, on at least a month -to -month, and maybe a more frequent basis; and we would provide for you a project reporting and control system that would advise you specifically where we stand in relation to all of the objectives laid out in time to be accomplished on this assignment. This must be flexible, and must be adaptive to change locally. I am going to depart from my script if I might, because we are getting down to approach and methodology. As I indicated earlier, we have approaches; we have methodologies that we have used in other cities, but it is diff i- cult to preconceive precisely what that would mean here in the City of Miami. Let me explain some of the reasons. First of all, we are dealing with some very complex programs. The study out- line listed at least twelve to fifteen categories in education, health, safety, housing, that represented the full complement of issues to be addressed as part of this study. But we are also familiar with the fact that all the powers to respond are not here in the City of Miami; that you have others in Dade County that must be somehow reflected if the total resource component is going to be brought to this project. Secondly, that the federal government, particularly in the housing and community development program, has taken from you the principal resources that could have been brought to bear to make such a study meaningful, par- ticularly in an action oriented framework. The housing moratorium has been with us for two years now. They are in the process of dismantling the housing redevelopment program in the hopes that a better community development act will be passed by June first of this year, or July first, when any thinking person knows that it will probably be at least a year before we get such a bill, and maybe two before it is implemented; and this puts the City, in my judgment, and in our considered judgment, in a rather in- extricable position, because you are, on the one hand, looking to the development of solutions at a neighborhood level at a time when your resources are the most constrained. Now, in this con- text, the study outline has asked for us to comment on innovative planning techniques. Innovation is the term used. Let me just go to one panel and put together with respect to that. Innova- tion is an interesting word, but innovation, as we view it, must be something that must be sound, pragmatic and rational. The study design has properly identified that this must be an action oriented program. The study outline has properly identified the fact that this program must result in an agreed upon program of public, and where appropriate, private actions. And the study design prepared by the local planning staff, also properly iden- tified that this assignment must go beyond the classical planning, land use planning, urban design type analysis, which gives you an end product, and no way of getting there. And so as we look at the word innovation, we are not looking at bells and whistles and gimmicks. We are looking at practical, hard solutions based on experiences that required innovation in a number of cities we have worked in that can help to solve that dilemma. If it is to 2-28-74 124 0.1 be action oriented the innovation must focus on how that action is to take place. One of the dangers --and we ran into this in our work in one of the Spanish neighborhoods in San Jose, California --is that working at the neighborhood level, and inspiring these people to some goals that they foresee as readily achievable, and not having the public policy or financial resource and wherewithall to respond may be very dangerous. You might be better advised not to even go into the neighborhoods. And it is our view that innovation must focus on the manner in which the decisions that are going to be made at this table, and the commitments that can be made here, can properly interface with the aspirations, the needs and the goals of those at the neighborhood level. Now innovation is one word given to us to respond to. In response to that term we must intro- duce some others. We are going to give you the word process, be- cause we do not look at planning as an assignment to produce a report that some day you may look at and say, we may or may not adopt it, and hope we have a way to implement it, because the situation today is indeed, I think, critical as to how those re- sources can be brought together. We also are going to focus on the word pragmatic, and are going to focus on the word management, because the one thing we are trying to bring through an interdis- ciplinary approach is a management process that allows you through an approach, based upon some of the innovative techniques which we have been involved with in other cities to properly identify and address these issues at the neighborhood level, to work with the citizens at the neighborhood level, not only in terms of the need as you may identify them at the public sector, but as they may be identified or perceived at the local level; and in this context the issues can be identified, the alternatives can be identified, and a rational means of evaluating some of the imple- mentation techniques adopted. Now in this context I would then like to give you somewhat of our overview as to what this approach and innovation mean. I guess really it is impossible for me to talk about approach without looking at innovation in some sort of reasonable, rational, logical process format. For example, the classical way used to be to go get a market report to find out what the economic base was before you considered development or community improvement. That's simply not good enough. What we are looking for here is to develop an economic rationale for any one of the decisions that may be supported at the City Council level and get the support at the neighborhoods. This means that we have asked the economic consultant not to give us the classical market report, but to give us the market indicators in a way that at the neighborhood level we can identify the economic issues, and we can interact and identify what the parameters are at the neighbor- hood level. The social rationale; we believe it would also be a mistake to talk about getting the social plan as an independent study, because the very process of developing a neighborhood plan must indeed be predicated upon what we call a social rationale; a social rationale based upon the manner in which you pose the is- sues and get the neighborhood response; a social rationale to the extent that you use physical planning as one of the vehicles that might be able to respond to some of the identifiable social needs -- Mayor Ferre: Mr. Trkla, you've gotta forgive me for inter- rupting you, but I am going to do it anyway, besides the fact that you have already talked over twenty minutes, which is not germain--fifteen, yes --but that's not the point. Let me point 2-28-74 12o this out: We have, my fellow Commissioners, before us three eminently qualified firms that are going to make presentations. And I don't mean any disrespect --please don't misunderstand -- you are, putting your best foot forward and you are selling your expertiese and your knowledge, and that's fine; but you know, in my life --and I am just a young fellow, but I have been in business in the community and I have had all kinds of presentations from different firms, and all that, and you know I have come to realize over the years that this type of presentation --and I say it with all due respect to you, is just a lot of words. Now, what is im- portant is the depth that you have in management; the people that you have available; their backgrounds their track record; how good they can perform, and dollars and cents. Now, I would recom- ment--and I don't mean that we won't give everybody else an oppor- tunity to talk --but I think the way for us to really cut through all of this and get down --not today, because we are not going to select, I don't think, anybody today, but get down to the nitty gritty --is to empower the City Manager to sit down and negotiate with all three of these firms. Once he has negotiated with them come back to us and say, all right, here is one two three, and here are my reasons, and here is the money that it is going to cost, and then we can either override it, or we can listen and make up our own minds; but right now you know what is going to happen; we are going to listen to a half an hour of testimony and then we are not going to decide today, and then we are going to come back in a month from now, or on the fourteenth and go through this procedure all over again. We will have forgotten half of these people; half of what they have said. If you ask me to re- peat --and again not disrespectful to you, but we have been here, I have been here since seven -thirty, and it has been a long day. You have been here a long time waiting. I recognize that. But what is going to happen is that if you ask any one of us what you said in the last fifteen minutes I doubt --I could probably tell you more or less, and it would take me about a minute or two to tell you, but I couldn't tell you ten minutes worth; and that's about as much as I remember right now. Now if you ask me tomorrow or a week from now what you said I would probably sum it up in two sentences. So what I mean to say is --and I don't mean to be disrespectful to any of you, but I think we are just taking up a lot of your time. You are not going to get a decision today, and to me this is not the way to proceed. Now, I just throw that out to you. What's your opinion? Mr. Plummer: My opinion is that the three firms that we have here, I am sure through the specifications, or the letters of in- vitation to bid, the City Manager has narrowed it down to the three finest firms, and I have just got to lay it right on the line, and I don't know who the other firms are, but J. L. Plummer has always been very price conscious --and the City Manager says to me, please don't ask them how much --I am going to ask. I concur with you, Mr. Mayor, that these three firms ought to go in on equal footing; they should answer all the questions that the City Manager has, and then the last, and most important, how much is this system, or this plan --what is their figure --and I am going to tell you truth- fully, as far as I am concerned, A, B and C are all equal, and the dollar factor has got to be an important factor. I am sorry, but that's the way I feel about it. Mr. Trkla: Let me begin by saying that I feel as uncomfortable with this format as you also may be. It is difficult in twenty minutes to convey what we'd like to convey. The format is not the 124 2-28-74 the kind of format we would like to be able to really discuss with you. Mayor Ferre: What kind of format would you like to work with? You tell us. Mr. Plummer: One he would develop himself and not one where he had to follow the guidelines of a letter; right? Mr. Trkla: Not necessarily. That's partially --the idea of getting the outline puts everyone on an equal footing. Perhaps we might have had a different view as to what the items should have been to be covered. From my perspective, if I were given free reign to organize a presentation to tell you why we think we have the proper approach it would not be done the way we are doing it right now, particularly mixed with a normal council meeting when you have so many other things on your mind. Mayor Ferre: A11 right, let's get the representatives of the other firms to the microphone, so that if they want to contribute to this discussion they can be part of it. Mr. Trkla: I will make one other comment, though, to Commis- sioner Plummer which I think is important because I must represent our firm fairly. I respect your position that you must be dollar conscious. I must also indicate to you that if price were the only basis for selection we would be compelled to withdraw from consider- ation right now. Mr. Plummer: Sir, I didn't indicate that. What I am saying to you is that the cost of the entire project must be uppermost in this Commission's mind. We have at the present time X number of dollars that we have allocated for this project. I don't think you know that figure. Mr. Trkla: We do not. Mr. Plummer: And rightfully you should not. Mayor Ferre: Let me put it to you in another way. Let's get right down to the nitty gritty of talking about this. If your firm, or whatever firm is trying to do this, comes in with all your expertise, and you are a figure, say, of three hundred thousand dollars, and there is another firm that comes in here and has a figure of two hundred thousand dollars, then I want to know how much more are we going to be getting for that extra hundred thou- sand dollars, or I am going to go with the two hundred thousand dollar firm. Now, if you convince the Manager, and in turn con- vince us, that it's worth the extra, because we are going to be getting twice as much mileage, or a much more thorough job, then I'd be willing to take that into consideration; but you know this is not a big city and it is not a rich city, and we just don't have that kind of money around, and even though it is revenue shar- ing funds, as I just told the Manager a moment ago, yes, I know, but if you take a hundred thousand dollars from this, that's a hundred thousand dollars less that we have for some other project we may need. So, money is an important consideration in these deliberations. That does not mean that we are saying that money is the exclusive and only and unighe consideration, but it is an 2-28..74 12o important and a Major factor. O.K.: we are talking about, since you may not haves been here to hear the discussion, Mr. Trkla made a presentation which I interrupted; and basically what I said is, what you are saying is very nice, and probably very impressive, but I have been here since seven -thirty, and everybody else has been here just about that time, and it is six -thirty now. We have been here eleven hours; it's the end of the day; we are probably all tired.' Tomorrow, or a week from now, i am probably not going to remember the difference in what you are going to say from what he said, and I am really not going to distinguish that much. If I were to repeat what he said --if you asked me at the end of the meeting to repeat what he said, I could probably do it in a minute, or two minutes, but sorting out twenty minutes worth, I won't re- member that much. And in a week I'll probably sum it up in two sentences; and if we come here in a month to decide this, which is when we are going to decide this; not tonight, then everything is going to be blurred, as far as I am concerned, except general im- pressions•. So I recommend that the way to do this is to let the Manager and the staff go through this with you; expertise, who your people are, what your qualifications, what your track record is; who else you represented; what you have done; who the people are, and then talk to you about the money aspect of it; how much it's going'to cost; what staff are you going to put on this, and then come back to us and say, all right, the administration recom- mends firm number one, firm number two, or firm number three, for these reasons: a,b,c,d; and then we will permit you to talk if you want, and we will discuss this openly and questions will be asked, and if this Commission, in its wisdom, wants to override the Manager he understands that we have got that right to do so. Now that's the general format which Commissioner Plummer had and I stole from him. Mr. Trkla: I have indicated that I'd feel more comfortable with a different type of response than that which is required from us this afternoon. The only thing I will have to again re- affirm is that we will be pleased to submit a proposal; what we would do, but that we would carry it to the extent of giving you an estimated range --it would be a narrow range --you will know the ball park, so you would know the kind of response we are mak- ing. We are professionally constrained from submitting a price that in an of itself --- Mayor Ferre: We understand, Mr. Trkla, but somewhere along the line you are going to have to get down to talking how many people you are going to have and how many months it is going to take, and that obviously can be multiplied times a per hour figure, and somebody is going to come up with some kind of an estimated cost. I am not saying that we are going to make you stick to it, because if you are selected as the finalist then that's something that you are going to have to get down in serious negotiation with the Manager on, and then finally you are going to have to come back here for our approval; but the point that we are trying to make is that I just don't see any useful purpose in what we are going to go through today, either for you or for us. 2-28-74 12u Mr. Trkla: Might I ask a question. Have the letters of in.. terestamong the three firms that are finalists been distributed to the City Commission? Have you read the material? mayor Ferre: No, sir; I haven't. Did you distribute it? Mr. Andrews: No. Mayor Ferre: Well, you see, that adds to my argument. If we were here selecting an architect it would be fairly simple, be- cause we would say all right, what have you done before, Al Parker, or Lester Pancoast, and we )!:now the kind of work that he has done and his track record and what kind of work he has been involved in and what kind of an architect he is, so it would be simpler for us to recognize, and then we would go into the process of the Man- ager recommends, and all that, and we would do it simpler, but in this type of matter, this is really --each one of these firms is really outstanding. I don't see that we can go wrong with any one of you, with`the background and expertise that you have. But it is difficult, at least iror me. I don't know that much about comprehensive neighborhood development plans and what kind of ex- pertise it takes for me to sit here and listen to a half hour of each one of you talking and then say, OK. I want a lot more thorough knowledge, better information, more input, better output from the Manager. As he just told you, we don't even have the letters that you guys sent in. Mrs. Gordon: Wouldn't it also be a good idea to have our Planning Department? Mayor Ferre: Our Planning Department is part of the Manager's office. Mrs. Gordon: I know, but what I mean is that when they set up these hearings with them, with the Planning Department and the Manager, and then tell us who they feel is --- Mayor Ferre: That's what I am saying. We are not going to tell the Manager who he is going to select to go through --that's his decision. If he wants to select Andy Crouch (Assistant City Manager) or somebody else, that's his problem. He needs to get the administration involved. Now who he selects to go through this process --I am sure it will be more than one, because this is not a small item. Mr. Andrews: It might include more than the administration, too. Mayor Ferre: You may want to get, you mean, outside help in evaluating this? Mr. Andrews: Yes, sir. Mayor Ferre: Like who? Mr. Andrews: I don't want to say at this stage, but there is a possibility that someone from the outside could assist, too. Mayor Ferre: I am not against that, J. L. This is a very difficult process of deciding. Mr. Plummer: I don't mean to indicate that I am opposed to that, but I sure don't want to see this Commission get into the 12i 2-28-74 process of getting a group to study the study group. Mr. Andrews: No, no. Mayor Ferree He is not talking about that. He is talking about --can I guess? --you are talking about getting some help fry people in Metro or the University of Miami? Mr. Andrews: The University of Miami, and others, perhaps. They would have no more say-so than other members of my staff. 1 have to finally make a recommendation and submit it to the Commis- sion as to which of these :three --- Mayor Ferre: All right, let's hear from the other two outfits, to see whether they feel that this format might be a little more fruitful. Mr. George P3ilorge: I Elm a principal of R.T.K.L., and we came down here assuming that you'had gone through this kind of a process. We came prepared to name the people that are part of our team. We have them all with us. We made our assignments. We are prepared to get to work. We think it's an exciting and important project, and we have prepared ourselves. I think that the process which you describe is a very good one. We thought that you were already in- volved in this process. It's obvious that you all are the people who have to make the decision. It's too big a job to simply make a decision casually, and we are perfectly prepared to go through the type of process that you describe. We have brought with us a summary of our entire presentation, a book which has in it the people, facts, and so forth, and we can leave it with you --- Mayor Ferre: Here's what we are going to do. You brought all these people down here, and it's unfair to let you go away without saying a few words. Instead of making it twenty minutes -- this is going to be a disadvantage for the moment --but if you would, instead of going through a lot of charts and a lot of talk, why don't you wind up in three minutes whatever you have got to say (to Mr. Trkla). Why don't you wind it up, so we get a general idea, and then the specifics of it and a longer presentation we will have when we are getting closer to the decision. The import- ant thing is to go through the procedure with the Manager, and then after his recommendation we will listen to you in more detail and more depth if you want. Mr. David Wallace: I am a principal of Wallace, McHarg, Roberts and Todd, and I agree with what Mr. Pa7orge has just said, and I would like to underscore this while all three of us are in the room; that we are all very well qualified firms. Each of us has a special personality, and each of us likes to think we have a particular corner on the truth, so to speak. I would like to make this one final point, however, that I think, give or take a few dollars one way or the other, we all have about the same salary, overhead, profit expectation rates, and so on, so that really what it boils down to in your final judgment and in the judgment of your staff will be the kind of the brains and the study designed and exactly what is needed to do the job, which my understanding would be something that would be worked out very thoroughly, not before the selection, but after you select the firm. 2-28-74 12s Mayor Ferret Well, Mr. Wallace, I want you to know that I am going to be the first one to admit here that I don't have the brains to be able to judge you or your competitors properly on this matter. I just don't have that qualification, and I am the first one to admit it. Maybe others here do, or they have had more experience, or they have more wisdom, or something, but I don't feel qualified, really, to sit here and pass judgment on your firms after a twenty -minute presentation. I just don't feel -- it would seem to me that it would be strictly an arbitrary deci- sion on my part if you asked me to vote based on personalities, and how good a salesman you are; those of you that are going to make the presentation. Mr. Trkla: I think the very fact that you categorize us as having to represent ourselves as salesmen in this kind of a context really amplifies, I think, the concern professionally that all of us would have. Mayor Ferre: You guys are professionals; you are not salesmen, and I think we have to judge you on your professional qualifica- tions, not on all the pretty charts and the nice talks that you might make. All right, why don't you just, then, give us a quick picture of your outfit and why we ought to select you. Mr. Trkla: We have offices in Washington, San Jose, California, Toronto. We are an interdisciplinary firm of planners, engineers, community development specialists, with extensive experience in community development and housing consultation in some sixty cities these past ten or fifteen years, working in large scale programs in cities like Cincinnati, San Jose; working even here in the State of Florida, with considerable experience; for example, the critical concern study, the crash study ordered by the Governor just be- fore the end of the last legislative season, was completed by Barton-Aschman Associates. We were requested to put together in, I believe, thirty days the model cities application for Dade County to get it in under the wire to meet the federal requirements. So we have some experience in this area. Now, that was not without its difficulties, because thirty days is a very difficult time to try to get policy squared away through a long-term document to do that. Barton-Aschman Associates is affiliated, for the purpose of this study, with Gladstone Associates, an economic market con- sulting firm with extensive experience in housing and community development consultation. They have an office here in Miami. We are also affiliating with the W. B. Rouse Company, which is a minority firm of social planners working primarily with the office of minority business enterprise with respect to providing assis- tance' to minorities in business fields, as well as providing social impact type of analysis for very large scale development programs throughout the country. Mr. Rouse and I have worked to- gether in cities like San Jose, and Vick is also working in Buffalo, and in, I believe, Chicago, looking at the impact of the mass transit systems from a social perspective. Now these are the three firms. We are firms that we have brought together as a uni- fied staff pool to develop for you a community development program for all of the neighborhoods to the study outline as prepared by your Planning Department. 2-28.74 12a Mt. Pilorge3 I am a princip41 in R.T.K.L. Associates, and I think that what we can do with the few minutes that we do have is introduce the people that came here with us today. I am accompan- ied here by representatives of three other firms; Arthur D. Little, Inc., Post, Buckley, Schuh and Jernigan, and , Morris, Levin and Sheen. R.T.K.L. Associates, which is my own firm, is a 115-man firm providing services in architecture, planning, urban design, landscape architecture and engineering. The most distinctive fea-, ture of our practice is the stress we put on urban design. Over the past decade we have had the opportunity to prepare plans for major cities throughout the country, and then to implement those Plans. Mayor Ferre: Can you recall some of these cities? Mr. Pilorge: Oh, there must be thirty or forty cities in there. It's enough. Jacksonville, Florida, Albany, New York, Hartford, Connecticut, Cincinnati, Ohio, and our home city, Baltimore. In these cities we have had the unusual opportunity of being the planners., usually of the downtown plan first, and then the architects for major projects for both the public sector and the private sector to implement those plans. In Cincinnati, just to take one, and to capsule our background in urban design, we prepared the plan, and just this year we were awarded the highest honor award by the American Institute of Architects for Fountain Square, which is the heart and the symbol of the new downtown in Cincinnati. The people from our firm are myself --I would be the principal in charge of our team down here --and Leonard Kagan. Leonard Kagan would manage the R.T.K.L. staff for this project. Leonard directed major studies in planning and research. He was our project manager for the downtown plan in Jacksonville, Florida, and he directed a very large regional citizen participation pro- gram in the whole region of New Orleans. He has been doing national research studies for the federal Department of Transporta- tion and the National Highway Research Board. The second firm that has joined us is Arthur D. Little Company. It is the oldest and one of the largest and most diversified research and economic consulting firms in the world. They have been in operation for ninety years and they have a, professional staff size that exceeds fourteen hundred persons. They have undertaken many projects in Florida that range from work in the fields of state land use plan- ning to economic and industrial development, railroad consolida- tion, and even of criminal justice. To carry out its role in this project Arthur D. Little assembled a team with extensive experience in community analysis and development, citizen participation, and these people are here today; Alan Sloan. Alan is the former director of the Office of Comprehensive Planning in the Community Renewal Program for New York City Planning Commission. He also directed the Center City Transportation Project in Atlanta, and the citizen participation program of the Boston Transportation Planning Review. Those of you from the planning and administration perhaps know that these are the most complex of the projects of their type, particularly in the area of community relations. John Reed of A. D. Little has played major roles in A. D. Little's community analysis and program work in San Francisco and East Cleveland. He directed the C.R.P. study for Columbus, Ohio, the statewide land use plan for Colorado, and he participated in a land use control study for Florida. Martin Baker is an attorney. He had to leave at about six o'clock, but he is an attorney with the New York firm of , Morris, Levin and Sbhein. They are well 2-28-74 13u known for their work in housing, zoning and environmental impact Law, Mr. Baker is currently working with Alan Sloan of A.D.L. on a study for the federal government, looking at zoning, taxation, and other methods of recapturing for the community the benefits created by transportation facilities. Now that's --we felt that was very important because of the impending transit system here. How does that public action group generate something for the pub- lic, as well as the private development. Post, Buckley, Schuh and Jernigan is a Miami based firm offering services in the field of civil and environmental engineering, transportation planning, city and regional planning and landscape architecture. They have been operating in Miami for fourteen years, and I was just told that 'today is their birthday, and today they have a staff of over 250 ;persons in the Miami region. The firm is currently in associa- tion with Kaiser Engineers to prepare detailed engineering for the Dade County rapid transit system. John Buckley of the firm directs the firms practice and environmental engineering of sewage treatment and water supply facilities, and would direct that firm's work in this area for our team. He was construction engineer for Miami's sewer system, including the Virginia Key treatment facil- ity and ocean outfall, and is presently in charge of the North Dade Regional Sewer Treatment Plant, which is part of the Dade County Water Management Plant. Roy Barden is a principal associate of the firm of Post, Buckley,Schuh and Jernigan, and he directs the firm's practice in city and regional planning, environmental impact analysis and landscape architecture. He was formerly the Chief of Comprehensive Planning for Dade County, and Ray directed the Miami Urban Area Transportation Study, the Dade County Urban Mass Transit Technical Study, and he also directed the Dade County Water Management Plan. I think that's all that I can say; that's our five minute capsule, abut these are the people and these are the firms, and we are committed, and we are perfectly willing to go through a selection process. As I said before, I thought that it had been gone through with you all, but if you will clarify the process with us and we know the steps you would like to take we would be happy to take them with you. I do want to underscore what Dave Wallace said. Our three firms are very frequently in competition and we all know that it is not a case of whose fee is lowest; it's really a question of working out the scope of this project with your staff; 'having your understanding of that scope of work; knowing what you can afford to spend for the work that has to be done, and then deciding from among the credentials and the people who are committed to the project, because in the end you are hiring people, just how you want to go. Mr. Plummer: You do make a commitment, I assume by virtue of your bidding, that you can complete this study within eighteen months. Mr. Pilorge: We were prepared to say here that we think it should be done faster. We feel that the work, as we understand it, should be very intensively done; that time is of the essence, and we'd like to accomplish the work in about a year. One of the reasons that we assembled a team of firms of this size is that we felt it was essential to get into the community with teams out in the neighborhoods; several teams in the neighborhoods working simul- taneously. That means you have to have manpower, and I went through this. We do have the manpower ready to put the people in the field; work intensively to come up with plans that are then coordinated into a plan for Miami; but the important thing is that those plane 2-28-74 131- grow out of an understanding of the separate, diversified neigh-. borhoods that Miami is made up of. Mr. Wallace, representing the firm of Wallace, McHarg, Roberts and Todd:. We are going to pass out a letter. 1 have just handed you a presentation, and we are going to eliminate all of the material that is contained in the letter and the pre- sentation, and any slides of our previous work. I would like to gay one thing to, in terms of our experience; we have recently completed the Downtown Urban Design and Zoning Plan, which you have received, and I understand is now in consideration, and in point of fact we are still under contract to the City for continu- ing consulting service on that particular plan. The thing I am going to say in three minutes, thinking that seven o'clock is enough public service to ask of any of you, is to emphasize what we think makes,W.M.R.T. a somewhat different firm; what our per- sonality is; how we really feel about things and what we do. We have had to think a little about this. We have recently been interviewed for a so-called profile of our firm in Progressive Architecture Magazine. It will be coming out in a couple of months. Many firms like ours; the three that you have asked to be here, do many things similar, but each has this kind of personality. And first of all, I think the range of our work, for a fairly small firm, is quite wide. We have about fifty-five people in the firm, and it ranges from the extreme of architecture and landscape architecture in the traditional sense all the way through a very wide variety of urban design and planning studies on to one of our major emphasis, which is ecological planning and environmental studies. This range of concern, from detailed design all the way up to San Francisco Bay Region, for example, requires a very effective interdisciplinary kind of operation on our part, and lots of partner time and lots of follow-through relative to other firms. $ requires a great deal of ability on our part to coordin- ate work of a wide variety of consultants, and it also requires our being, in a sense, on the frontier of new ideas, so that we can, not pull them off and apply them unwisely, but present them to cur clients and say, these are things which we think you ought to consider. We have got basically three major emphases in terms of our personal philosophy. One is, in terms of this concern for the environment, my partner, E. N. McHarg, is one of the, if I can say the word, new apostles of ecology in the country, author of Design With Nature, and that's very much of a basis for all of our planning and design work. And secondly, planning and design -- that's planning with design --not thinking of planning simply as, if you will, a kind of numbers game, or a --divorced from the final changes and the real things that people see and feel and taste in terms of their environment. And then finally, in terms of feasi- bility and implementation, we are very strongly geared toward, and we invite your contact with our previous clients, because the whole idea of continuity .of planning and ultimately being sure that the plans are implementable is a fundamental concept of our philosophy. And then finally, working with the client. We have found that good planning pnd good planners have to have good clients, and it sounds a little presumptuous to say it this way, but essen- tially one of the planners' roles is organizing the client; making the client able, through presenting the kinds of material we do to him, able to really understand the issues and understand the trade-offs, and understand what the decision makers have to decide. And by that I mean that the planner's role is one of explicating what the implications of choice are. And this continuity and work- ing with people is again a fundamental element of our philosophy„ 132 2-is-7, one final point --and I am already one minute over --'is that we did not bring together for this presentation a large group of consul- tants. There are a number of consulting specialties that we do not have within our own firm that we feel are necessary, but we have had a good deal of experience in Miami, and our recommenda- tion to Mr. Acton was essentially to select a firm on the basis of philosophy and approach and capability, and then to work out the specific details of a work program with that firm, and we feel that this is a necessary first step before we would specific-. ally want to say which of the consulting firms whom we have coordinated.We would recommend and have you pick them along with us. I'd like to introduce Dick Huffman, who has been before this Commission before, and who ran the downtown study with us. He is an associate partner. He will be the associate partner on this job, and I might add that before he came with us two years ago he was the Chief of:Area Planning and Urban Design for the Philadelphia City Planning Commission; so this is a kind of work that he is very • thoroughly grounded in. Mr. Plummer: You can, or you feel that you can do this study in no longer than eighteen months. Mr. Wallace: Yes, sir; we can, with your help. Mayor Ferre: All right, Mr. Andrews, you are instructed by this Commission, as I understand the feeling here, to sit down and investigate, study, negotiate and come back with specific recommendations on your part as to which one of these firms you would recommend. We want to know the specific reasons why you recommend the firm, the time parameters, the cost parameters, the approach, the philosophy, and the final product. Now, when you have done that and are ready to come back to us, then we will invite you gentlemen back here for a final presentation. Mr. Wallace: I am not sure, when you say final presentation, that I have exactly in mind what you mean. If what you mean is present other material in other jobs we have done, and so on, I would suggest that --- Mayor Ferre: No, I don't mean that. The Manager is going to come up with a recommendation. This Commission may override his recommendation. You had better be here to answer any questions, and to make whatever presentations you want to at that point, be- cause the final decision is made by this Commission. What we are saying is we really don't have the expertise to really go through the paces with you, and I think it ought to be done in a better form than a twenty minute presentation; so you do that with the Manager and staff and let him come back with recommendations, and then if we disagree with them we will do it publicly here and you will have the right to make any statements that you want at that point. Reverend Gibson: What I think I hear you say is that the Manager must tell us why number one over number two, over number three. Mayor Ferre: That's right. 13d 2-28-74 so, ARCHITECT AND stanFoRn RESEARCH INSTITUTE PROGRESS REPORT I7lnrit MODERN POLICE FACILITIES Mr. Andrews: You have been involved in a lot of important things today, but I, in my own evaluation know the agenda and I think this is perhaps one of the most important items you will have today. It is important from the standpoint the fact that the public voted twenty million dollars to modernize the Police Department and now we have approached that period in the planning time and implementation time that the Commission must of necessity be briefed as to what we have accomplished and where we are going and how the money will be spent to modernize the Department. With that much of an introduction, and recognizing that both the architect and representatives of SRI will be as brief as possible to present their information, I'm going to turn this over to Dr. Weigand of Stanford Research Institute to begin inexplaining where we stand in the modern- ization of the Department. Dr. Weigand: Thank you, Mr. Andrews. Mr. Mayor, Commissioners. The following I have set up, I must warn you is about 45 minutes long. There is a copy of it, a printed copy of it. Mayor Ferre: Paul, did you know this? Mr. Andrews: Yes, I was aware of it at the time that we wet this up. In fact, I got both of them to cut their presentation time down considerably, inorder to confine it to an hours pre- sentation, but I am going to suggest that Dr. Weigand and Mr. Pancoast hit the very highlights of what they propose to present and then depend on you for inquiry, or your questions into the general area and maybe we can accelerate the whole process and won't take that long. Mr. Gordon; I just can't help but say this Paul, when you have itemslike this and the selection of consultants, why don't we schedule those kinds of items for a special meeting? I mean it is unfair to these people, it is unfair to us to have to listen to a 45 minute presentation after we have sat here for 12 hours. Mr. Andrews: I realize that. I didn't anticipate that you would be here twelve hours though. Mrs. Gordon: I know, but we have been doing this constantly. We have never been out before twelve hours. Mayor Ferre: Yes, that's what I don't accept. Now I don't know what it has been like before, but I am going to tell you something now. I have been here since November the 6th, and that's what, how many meetings have we been through? Maybe 8 or 10 and I guarantee you that there hasn't been a one of them that has been less than 10 hours and some of them have been 15 hours and there was one that we started at 8:30 and we ended up at 9:30 or 10:00. You remember that one.... For example, there was a 15 minute item that you had here and it took 45 minutes. I asked you several meetings ago to keep a clock. I want you to make a report to us in the next few meetings on that clock, and I think you are going to find that every time you put down 15 minutes, the least it takes is half an hour. Now I can do one of two things. I can be rude to people or cut them off, and you know I have tried that in the past. You remember the reactions that we got when I started tightening up back in May, June, and July. Maybe we 134 2/28/74 have to g t a happier Meeting somewhere but you know when people are hot about things they want to get it off their chests. Theee,15 minute items take 45 minutes. Mr. Andrews: I realize that. You know you have a choice here. I'm not suggesting that we meet more than twice a month, because I don't want to do that. It seems that the Commission has gotten into an awful lot of matters and inaddition to that we are going through a period in the last three or four months where many problems are all surfacing at the same time and as you can see in handling the individual items, I am trying to hold down the time so that you can hear them and you don't have more than two meetings a month. Mrs. Gordon: I don't mind an extra half a day. And I think than anybody else would not mind it either to catch up on studies or presentations. Mayor Ferre: Now let me tell you something, cause I went through this on this commission for almost four years. And I have seen it happen in the legislature. It doesn't matter whether you meet once every two years for 60 days, or every year for 60 days, or every year for 90 days, you end up doing about the same amount of output and there is an awful lot of flap in between, and I guarantee you that there won't be any more output out of this Commission if we meet once a week all day, it will be the same thing. But I think the middle ground is where we ought to go. When you have a special important item such as this, to me, this warrants a three hour meeting, just this. Nothing else. We would meet in the morning and in three hours we are gone. And approach it real- istically rather than have these people come before us at 7:15 and he says 45 minutes, Dr. Weigand. That isn't even giving Lester a chance. Lester, somebody told me it is going to be a very short presentation Paul, in the future, please. Dr. Weigand: In April 1972, the City Commissioners asked us our S.R.I. to look at the Miami Police Department inorder to determine its status, its efficiency, the problems facing it, and its needs. The City asked also that we look into the citizens expectations of Police Service provided in Miami, the effectiveness in fighting crime, the responsiveness of the force, and the attitudes of the field officers towards the public. The City also asked us to look into the art of technology and the applicability of various aspects of modern technology to sup- port police services. The ultimate goal to this series of in- vestigations was to try to make the best utilizations of the funds to be derived from the bond issue that was voted by the public in 1970 to modernize the Miami Police Department, and to reduce crime. In April, 1973 S.R.I. reported to you its findings. We found that Miami's citizens expected its Police Department to be more effective in reducing crime, to respond more rapidly to calls for service, and to be more professional and sensitive in its dealings with the public. We submitted a formal report of our first years efforts which included our observations and a set of recommendations relating to the design, development, and implementation of a concept for a Miami Modern Police Department. Our recommendations included space requirements for the new Police Headquarters Facility. Additionally, our back up materials were summarized in a working papers document. This volume was intended to be used as a basis for discussion and further refinement of recommend- ations and for use during the second and any subsequent years efforts, leading ultimately to the eventual implementation of the M.M.P.D., and once the details of the accepted recommend- ations were worked out and after the first year report was 13o 2/28/74 41 accepted byt. p you. S.R.I.S.i2.I. was directed to proceed with its pro3 We were asked to place particular emphasis on information and conninunications systems design. In addition, we were asked tO conduct further. investigation of the technical progress being made across the nation in automatic vehicle locator systems. In order to establish whether or not such A.V.L. systems would be useful for the Police Department. Useful enough to'warrant the expenditure of sizeable amounts of funds. These things, we have done. This is what we can report to you today. We have refined the designs and functions to be performed by new equip- ment in information and communications systems. We have devel- oped specifications for procurement.of the equipment and systems except for qutomatic vehicle locators. The City is now in a position to start procurement actions based on our specifications. The equipment procurement schedules we have recommended are coupled to the new Police Building Construction Schedule and its planned occupancy date. Although we do invision installation of some equipment in the existing Police Building. The equip- ment items that we are recommending that you procure if they are supported by and complimented with adequate skilled technical specialists and well trained and motivated operating personnel throught the Police Organization will #1 greatly enhance the efficiency of the Miami Police Department, #2 facilitate accomplishment of the performance of its members, and #3 and most importantly, improve the responsiveness and effective- ness of the police officers in the field in serving Miami and satisfying the needs and expectations of Miami's citizens. I would like to re-emphasize one point. That the staff who operate, use, and are involved with this sophisticated equip- ment are of much greater importance than the equipment itself. Unless the staff is adequately trained and prepared, the full capabilities of the hardware items will be only marginally exploited. A costly and undesirable consequence. The present- ation that follows will include first, a discussion of the new Police Headquarters Facility by the partner in charge of the architect team, Mr. Lester Pancoast. Following that, I will introduce the subject of the modern systems that we plan to be installed in the building to increase the Department's effectiveness and responsiveness to the public. The very im- portant area of the Department's information system will be covered by Mr. Jack Bialik of S.R.I., and I will close with comments on the communications and qutomatic vehicle locator systems. We are very well satisfied with the new buildin's design concept, that its concept is consistant with and re- flects the requirements of the Department that we established in our report to the City last year. Mr. Pancoast will now describe the buildings features listed. Mr. Lester Pancoast: I hope I can speak as rapidly as Dr. Weigand. I am speaking for Boutrese, Borrelli, Albaisa, archi- tects and Planners, Pancoast Architects and approximately 25 architects and engineers and consultants who coordinated their disciplins on this project. We wish to present a model, a rendering, and other drawings of the new Police Headquarters. Headquarters is much more than a single building. The first element of the downtown Government Center, in an area which needs desperately a 24 hour vital animated public function. The location of the project, I will not go through to save time. I think you know where it is.and the modle will explain that further. The project will grow in three phases and during all of these phases there will be adequate parking for the Depart- ment vehicles first,, the visitors and other outside visiting functions and 500 employee automobiles. The space within the building is 137,000 square feet, which is the equivalent of three football fields. It gives you an idea of how much space there is within this building if it looks small to you in the 130 2/28/74 40 model.. It is not a small building at all. At any one time of day, there will be excellent working conditions for as many as 500 employees at any one given moment, by the year 2000, so we are building a substantial facility aside from that, it has 509E horizontal expansion Capability. Daily, it will service from one thousand to three thousand Miamians who will visit it with various kinds of needs. It has a generous open lobby surround- ed by the functions that the public really needs to find with- out becoming complicated with the rest of the department's functions. The department functions are too numerous to men- tion. You can have a sense of how many there are though, by the various colors on the maps that Mr. Borrelli is exposing, one by one. Five. Some of the other features of the building asides from administrative spaces are a shooting range, exercise and karate room, food service facilities, public meeting room, training classrooms, and television studio, photographic lab, vehicle service facility, automatic carwash, and rooftop heli- stop. The core spaces within the middle of the upper three floors are a special note. They are introverted emergency places for computers and communications equipment and the people who keep them, these are the essential brains and voice of the modern Police Department. The headquarters building is designed for its users. The handicapped have been carefully considered, energy conservation, and operating economy is achieved by windows that can actually be opened for cleaning purposes, and for allowing the natural air in for failure of power or mechanical reasons. The Police Departments throught the country have found that they change a great deal, and often. This building's capability is adaptability. It can adapt to change, and change within its arrangement as the police function needs to have it so. Police Departments seem to the public to be often anonymous and remote. We have tried to create here, a building which has a pleasant and welcoming personality. The precast material on the building expresses efficiency, the exposed concrete express- es strength, and this orange clay tile which will line many of the walls that you see segmented thereby expresses, we think a goo natured welcome and a color which is highly suitable to a city such as ours. Ittwill not be a drab faceless public build- ing as so many can be. The combination of all these things should convey a_contemporary and human approach to police ser- vices in a building entirely appropriate to our city. The cost of the entire project including the land and professional ser- vices is expected to be 101 million. Construction's start is expected in October of 1974, approximately 6 months from now, and substantial completion would be expected by April of 1976. Thank you. Mr. Plummer: Mr. Mayor, let me ask you what your format for this afternoon is. Are we to listen to this presentation in its entirity and then at another time we will invite them back for questions, questions now, or at the conclusion, how do you wish to proceed Sir? I have some questions based on comments today that I would much rather go into the indepth of the book which will be furnished to us and come back later. Let me just ask one question, because it is very paramount in my mind, Lester. Mayor Ferre: Let's do it this way, if it is all right with you. Unless you have very key, basic questions, then why don't you hold back until we have had the opportunity for the full pre- sentation and we can get into the study which will be handed out for us to read, and then we'll come back and ask the nitty- gritty questions. Now if you have a question which speaks to the essence of the whole thing, or is a very important question, if it is all right with you Lester, we would like to interrupt and ask them, if they are basic questions. 13i 2/28/74 Mr. Plummer: Lester is concouded, so I waits until the end. Lester, the question that I have of you and we have found it so many times here, especially in recent months and recent years, and the thing that just scares the living devil of me of any new construction or acquisition; You brushed over very quickly 10h million dollars for construction. Now you know, we saw one parcel of property downtown, and the next time we looked at it it was double the price. Now I know you cannot foreee what the conditions of this country are going to be in October, or a year from then, but I don't know whether I am cautioning you or whether I am asking you but I am just very very concerned that what is today 101 million dollars is going to run into serious problems. Can you ease my mind that that is not going to be the case? Mr. Pancoast: I think your concern joins that of everybody in this foom and everybody in this city. I think all of us do the best we can under the circumstances when inflation over comes us. We have an estimate of what inflation will be in this project. That's all any investor of any kind, and I'm an investor in my own services can do. No•court of law holds anyone to doing better than he is capable of doing, and so we are doing the best we are capable of doing in projecting the cost of this project. We feel we have reasonable margin in it, but I am no forseer, we are not magicians, we can't produce for you a blueprint of the future which will tell you what will happen... Mr. Plummer: The greatest waste, I think ever took place, they built a jail in Metropolitain Dade County, ran out of money and here today, ten years later, the last two floors have never been completed. And this is the caution that I am com- ing to and I have asked all the way along. That the 101 million and I understand, and I could be way off base, that this building has been cut from its original presentation because of financial problems. Is that ... at one time, this build- ing was scheduled to be larger? Mr. Pancoast: Well, we cam aboard with a fixed schedule supplied by Stanford Research. Dr. Weigand: We estimated the needs of the Department as 137,000 square feet, and they designed against that. Mr. Pancoast: And we have not cut from that. Mr. Andrews: To ease Commissioner Plummer's mind and the rest of the Commission on this, you ought to tell them a little bit of the quizzing you have gone through and the explanations you h have given us about updating the estimates and projecting the estimates to the construction period and how the per square foot changed from $30.00 to a final of $52.00, now because of that. Mr. Pancoast: Yes. This is not a stab in the dark, by any means, and if I rush through it, it is not because we rushed through the work. We have a consultatnt on this job named Jack Condon who•is a well-known, long established estimator in this area and he has worked with us hand and glove on this. In fact, his work is substantially finished at this point. We expected him, but he has been in very poor health lately, and I think he did not make it for that reason. But he intended to be here, and his report is part of the package we are sub- mitting to the City, so we have an outside, independent esti- mator whom we did not influence in any way who came forward with this estimate. ,We're leaning on his expertise to protect us in this matter. 13o 2/28/74 Piu ner t AllE right # Lester let me attack this now frttn another point. You say from the time•you started off, you started off with a criteria of $37.00? Mr. Pancoast: No, Sir. That's the City Manager's figure. The figure we catne into in the negotiation period was $45.00 and we ended up at $52.00. Mr. Plummer: Is $52.00 what is projected for the building for final construction? Mr. Pancoast: Its the price forecast, yes. For bidding as. of six months from now. Mr. Plummer: And you're estimating that$$52.00 a square foot at 137,000 is $101 million? Mr. Pancoast: Including the cost of land and services. There is a breakdown. Mayor Ferre: Let me stop you real quick and tell you something You know what bothers me about all of this? I wish you would take the time before we lined up here and go look at the plans and count the chairs and the offices that are in there. I want to tell you something, and I want you to answer me this question. I think,from what I just saw, as an. overview, that you are talking about a Police Department that's twice as big as what we have now. You've got those investigators, the staff, the staff'positions that I can imagine in' those 5 stories. Are you telling me that we have those positions right now? Mr. Pancoast: We only projected a very nominal increase in personnel. Mr. Plummer: Lester, while he is looking at that let me ask you a'question, because I'm not as familiar with this as Mr. Reboso, but what is normal construction in Miami today? Are you sl3eaking of about what for a commercial structure? Are we talking about roughly $50.00 a square foot? Mr. Pancoast: I think we have a prototype here that is.dif- ficult to compare to other Miami constructions. Mr. Plummer: That is the very point that I am getting at. You know it is nice to afford the luxuries of a prototype. You understand the point that I am getting at? Mr. Pancoast: No, Sir. These are not luxuries as we read them. There is; nothing luxury about it. If you Mr. Plummer: The prototype is a pilot, but not a standard. Mr. Pancoast: The prototype can also be considered a standard if there are others like it. But there are no others like this in the city of Miami. W. Plummer: Ok, What I am getting at is this, Lester, and it is a beautiful concept, but it is not a four wall structure. Now anything beyond that, we have to say because the four wall structure is necessity, that's the bare necessity. We get from that how much are we deviating from that into this pro- totype of building. Do you understand -what I'm saying? Mr. Pancoast: I think you are talking about starting from the bare minimum and deciding whether that would work. Well, bare minimums in what regard? 13� 2/28/74 1. Mr. Plummmer: A b4arre minimum for the necessities of this Miami Modern Police Department. Mr. Pancoast: I think you are in a difficult area to discuss 80 simply, because t think the needs and requirements of this building are extremely complex and you cannot simplify them by Saying four walls. You can't three or five hundred people inside of four walls, and have them stay sane. Mr. Plummer: Lester, let me reverse it. If Paul Andrews said to Lester Pancoast, Lester, I need a building for this type and this many people. What is the cheapest under present construction costs today, and I admit ignorance to these men who deal with it every day, but you know, I hear, I was talk- ing just recently about building a new funeral home, and we were talking about in the neighborhood of $26.00 a square foot. Now that's not furnished, but $26.00. Now you're just exactly double that. Mr. Pancoast: Yes, Sir. Mayor Ferre: Let me talk to that causes I know a little bit about this, and I see it all the time. J.L. when you are talking about a regular office building type, I think you could build a low rise general office type for $25.00 a square foot. Now when you go to high rise you can't build today any quality in Miami Florida for less than between 30-35 dollars per square foot. Now correct me, if I am wrong, if you go to a specialty type building, for example, where you have wet walls, where you have special electric equipment, where you have electronic stuff, or IBM or computers and things like that, you are easily up over $40.00 a square foot. Now for example, wedidn't put up a specialized type of building where you need laboratory equip- ment, or you need locker rooms and special things, that was over $45.00 a square foot and therefore, it seems completely within the realm of possibility to me that wen you get into this type of special building, and Lester, let's face it, you are , this is a beautiful building architecturally. It looks beautiful in the masses and all that, but all those columns with all the space underneath and all the special things is $3-$4 a square foot, you know. To me, it's worth it. I'm not knocking it. I would much rather pay $3,$4, $5 a sgaare 'foot and end up with a beautiful building than to pay $5 less and have a box. ldar. Plummer: Mr. Mayor, that was the point I was making. Can we afford, can we afford, the City of Miami, to have this thing? If we can afford it, you know the way Plummer operates --First Class while you last Mr. Mayor, we have got to come down to reality .. The point I was trying to make Mr Mayor, is that $52.00 by the.time the contracts are let, could be up to $60.00 or $65.00 a square foot. Mr. Pancoast: No, the projection is included in those figures. That's bidding six months by a contractor who will be con- structing for eighteen months after that. Mr. Plummer: Gee, Lester, I hope you are right and I am wrong. I look at that Sall Point Property down there and we had proffes- sionals who told us one thing, and Lester, we were so far out of the ball park, it wasn't funny. Lester, another one that you were involved in, the Edison Center, it started out at what, $140,000.00 and it wound up $240,000.00. Now if this one starts out at seven million, three and it goes suddenly over- night. You know things that I can't believe happen are happen- ing. And it goes to $10,000,000.00, boy we are going to be blown out of the ball park. I am raising this concern, and I 2/28/74 1 U readily admit that I don't know the answers, so many times. Mrs. Gordon: Mr. Andrews: Mrs. Gordon: but I have seen it How much was the bond issue? $20,000,000.00. $20,000,000.00, and we are figuring on a $10,500,000• Mr. Andrews: For this portion, and $9,500,000.00 for the bal- ance that will be explained to you when Dr. Weigand explains the rest of the modernization. Mrs. Gordon: Ok, let's hear it so we can go home. Mr. Andrews: The one thing that I want to emphasize is that we have held Mr. Pancoast down from going first class. There are other things that he would have like to have included in the design that were not possible to include. Mr. Plummer: This is one thing that I have done all the way along, I have raised flags of caution and I am getting sick and tired of people coming back to me six months, a year later and saying, "Boy, were you right." I'm getting just a little tired of that. Let me just finish by saying one thing. Let's just take every part in the bond issue and look today, where we are in every one of the parts. Underallocated, am I right or am I wrong? Mayor Ferre: You know, I want to tell you something. Reboso just told me if you and Plummer didn't talk at all, we could save at least four hours a day. J.L., I want to tell you my opinion. If you had a box there instead of that building, the difference in cost might be half -a million dollars. Might be. And there is just a difference between a box, you know CBS blocks and that, to a half a million dollars. No, I am not talking like a half a million dollars is nothing. I am talking like that this City is long overdue in beginning to think quality instead of every moment trying to do things without... If we are going to do something, we are going to do it right and I know a half a million dollars is a lot of money. I understand that, but I want to tell you something, thatif we are going to do this, we're going to live with that for many, many years. Mr. Andrews: Not only that, Mr. rate of $17,000,000.00 a year to have to relate that a little bit Mayor, we're spending at the operate the department and you to it... Mayor Ferre: Well, you are not going to convince me, Mr. Andrews, that that building is going to save you any money. Mr. Andrews: I'm not saying that. I'm saying what you have to relate is what you are building to what you are spending for all other costs in some sense. Mayor Ferre: Let me tell you something about office buildings and corporations. I don't know whether Parkinson's Law works for the City, but let me tell you something. I know of more companies that have gone broke and have had financial diff- iculties cause some hotshot president decides that he is going to have some new fancy headquarter building on Wall Street, or Fifth Avenue in New York, or some other place, and he goes and builds himself some fancy building and then all of those offices have to be filled. I want to come back to this theme. If you look at these drawings here, man that is an awfully lot of 141 2/28/74 • cubby holes, offices and desks. I would like to know from you, you didn't answer my question. I want to know how many new spots does this building --don't tell me you are building a building to fill it completely. That building is for the next twenty years. I want to know how much of that you are going to fill now. Mr. Andrews: That's right, Sir. Now? Mayor Ferre: Now, 1976 or 1977, whenever the building is finished. Mr. Andrews: You mean proportionately. I can't give you a computation, but believe me, a lot of those desks that you looked at, you looked at the Investigations Section, there are an awfully lot of people in that organization, but they are only occupying those desks part of the time, to have a place to work, but they are out in the street. And similarly a lot of those spaces are for conference rooms, some for training, some for role call, and there is not all that many added people in there. There are some additional people, people associated with this information system. Mayor Ferre: Do you have a laboratory in there? Mr. Andrews: Laboratory? No, Sir. Crime Lab, no, that is Dade. Mr. Plummer: You said the construction was going to be in three phases. Is that correct? Here, what I am getting at real quick like. Are all three phases included in this price? Mayor Ferre: No, Sir. When he talks about three phases, he is talking about parking. Now that building, that office building called the Miami Modern Police Headquarters is one project, one building, and it is $7,300,000.00. Mr. Andrews: And the site development that goes with it. The parking garages are optional future elements, and they antici- pate the use of half of the property for a possible City Hall, nobody knows, or for some other possible use. But we do know that this half of the property that you are looking at is developable in case the other one has a different future use and that was terribly important to know, otherwise we are squandering downtown property. Mr. Plummer: Then I have to assume that without the parking garage, you feel that there is adequate parking on site. Mr. Andrews: Yes. Mayor Ferre: They've got two blocks. One of the things I would like an explanation on, not now, but whenever you get around to it, is traffic patterns on that, cause you are blocking up a major street there. Mr. Andrews: Yes, that is a good question, and a harder one to explain in detail without taking a lot of time, but I would be very happy to explain it. It is totally resolved. The Down- town Government Center is far enough in its planning, at this point so that our projects can relate to it in every respect, even the diagonal position of a possible City Hall is in re- lation to some design element in the future of Government Center. Traffic is a very important element of it all. 14., 2/28/74 MI/ 411 Mayor Ferret How many people, I think Manolo, you were askihq a question about people, how many people are you going to have in here? Mr, Reboao: What is the total capacity? Mr. Andrews: Initially, when the building opens we expect there to be approximately three hundred people working in the building at any one moment. That doesn't mean there are 300 people in the department. It means there would be that many people on board at any one moment. In the year 2000, there could be as many as 500 people at any one given moment. Mr. Plummer: Let me ask Chief, Chief, approximately, I'm not holding you to one or two or ten, approximately at any given time today, how many people do you have in the building? Work- ing in the building? Over two hundred. So three hundred is within the realm. Ok. Mayor Ferre: And the old Police Department Station, I under- stand is going to be the new Commission quarters, office for you... What other questions have we got? Mr. Pancoast: Any building may be extremely well designed to' perform its function, but the shell must contain the people and equipment necessary to carry them out. We have recommended various combinations of equipment to support the Police Depart- ment in its goal of improving service to Miami. Perhaps the best way to indicate the usefulness of the proposed new systems would be to give you some hypothetical examples. Each starting with a citizens call for service, continuing with what might happen in response to that call. Citizens call for service may range from an urgent arrival of an armed Police Officer at the earliest possible moment, to a visit by a Police Officer at an agreed upon later time or date, or merely to provide an oppor- tunity to seek advice, or discuss a problem that might lie in the province of some social service, or other governmental agency. The real needs of each caller cannot be determined until he makes his first contact with one of the Department's Service Operators whom we have labeled Primary Operator on this chart. First, let's take the case of the citizen observing the crime being committed, such as a robbery. When he calls the Police Emergency Number, he is automatically connected to a Primary Operator. All essential information is obtained using the equipment at the console, the Primary Operators console. He records electronically all essential information obtained from the caller. Since the service requested requires the immediate commitment of Police resources, the primary operator transfers the information electronically to a dispatch position. When the most appropriate available police units are instantaneously identified by computer, and presented to the dispatcher for his selection and commitment to the call. Once the caller has been transferred, the original Primary Operator can immediately answer the next call for service, which may or may not require immediate response by a Police Officer. The dispatcher, having selected the unit to respond immediately transmits the infor- mation by radio to the patrol car. Both voice instructions and hard copy information maybe transmitted as required. The entire sequence takes only a few seconds after the caller has provided the needed information. In a second case, if the service request does not call for immediate response, such as a citizen returns home to find that his bicycle has been stolen from his car port, the Primary Operator, by pushing a button, can pass the caller onto another operator. This Secondary Operator having obtained more complete information from the caller, may determine that the immediate dispatch of police units is still required. In such case he 140 2/2/8/74 4 AO electronically transfers the necessary information to a dispatch position, where as before, the available units are immediately identified and commited to respond. Alternately, it may be more appropriate in the less urgent situations, because of a heavy work load and limited availability of cars, that the secondary operator arranges for a visit by a Police Officer at a time convenient to the caller later on. A third case could occur. If it develops that the caller needs the services of some other agency, such as the Sanitation Department, in this instance, the Secondary Operator could either transfer the call, ,if the agency is open for business, or provide the caller with the telephone number of the agency for later contact. In a fourth instance, the Primary Operator might determine that the caller requires the assistance of an emergency service agency in•a jurisdiction other than the City of Miami. In such a case, he would rapidly tranfer the caller to the proper juris- diction to provide the needed service. The system I have just described will provide significantly faster access and far better service to the public by the Miami Police Department and thereby aid in reducing crime. We in - vision also, that the departmental employees who run the com- munications dispatch center will be cross trained to handle both kinds of operator jobs and the dispatchers as well. This will permit some rotation among positions, and provide necessary relief from very demanding tasks. Additionally, we encourage all of these employees to develop bi-lingual capabilities. Another goal is to enhance the professional role of the Miami Police Officer who is out on the street. To reach this goal, there are a number of significant advantages that can be obtain- ed by the proper use of advanced technology. For example, we want to make it possible, in some cases, to permit direct voice communication between an officer rushing to respond to a call and the calling citizen. In other instances, we want the re- sponding officer to be able to request, and hear, while en route a playback of the citizen's complaint and his conversation with the service operator back at the communications center. In both cases, the officer will be much better prepared to cope with the situation when he arrives at his destination. Further- more,:we want to give him the capability of asking for infor- mation and receiving rapidly and in hard copy form, background data on the address to which he is being sent, whether a partic- ular person is wanted, whether a particular vehicle has been stolen and other information important to his safety and performance that may reside in Departmental, County, State or National files. To improve the effectiveness of investigators such as detectives, we want them to be able to obtain the in- formation they need with minimum delay and to permit them to obtain and scan rapidly all Departmental records, the records of other agencies that may be appropriate to their cases, to obtain the information needed to solve them expeditiously. Conversion of the Department's present voluminous and bulky dlcuments file to micro film form, coupled with their rapid retrieval by means of computer assistance, is an essential part of this process and is a goal we are recommending for early implementation. I have described to you some of the major capabilities we seek for the MMPD. Our goals are to assist the men in the department in performing their duties, to enhance their safety, and thus to improve the police services provided to the people living in, visiting, or passing through the City of Miami. The kinds of equipment and systems that are most useful for attaining these goals will now be dis- cussed. The most complex area, by far is the implementation system we plan for the department. Mr. Jack Bialik, manager of S.R.I.'s information systems group will present this subject. Following his presentation, I will comment on some 14=f 2/28/74 40 charistics of the equipment that we have selected to enhance departmental communications and I will also touch on the quest ion ok Automatic Vehicle Locators. Naturally, both the commun- ications and AVL systems are closely associated and inter -con- nected with the information system. Mayor Perre: In lay language, you are talking the computers, is that right? Mr. Pancoast: 'Yes, Sir. Mr. Bialik: Due to the lateness of the hour, and the time you have spent here, I will try to keep my remarks a little bit shorter than I originally anticipated. Since the information system, and particularly the area of computers is the area where the greatest technological improvement can be made in the Police Department functions, we thought we would take some time, tonight, to tell you first of all, what we are trying to do and what the equipment will look like and what the time table is for acquiring these facilities. Mayor Ferre: Let me stop you for clarification sake. In 7.3 million dollars none of the computer equipment is involved. The 7.3 million is strictly construction cost. So would you start off by telling us your systems concept and configuration and all that, what is the general perimeter of the cost of this pro- gram? Mr. Bialik: The information system including hardware, system development --software, hardware, the whole bit is 5.5 million dollars. Mayor Ferre: Is there any leasing in any of that equipment, or is that a straight purchase? Mr. Bialik: We recommend purchasing the equipment because it i is long term use and at about the end of two years you will see that the lease costs are... Mayor Ferre: How about obsolescence? Mr. Bialik: The system is essentially one that has at least a 10 year life term in this use. Mr. Plummer: Let me ask one other question along these same lines. He's hit on points that I wanted to make, but was it Dr Weigand? All right, I was just using your name -- made a very emphatic point that this hardware is no good unless the people are specially trained to use it. Now what is the built in cost if you can get in a round figure, of the people , add- itional people that are going to be needed -- I am thinking about an annual cost on budget. Mr. Bialik: You are talking about an operating cost once the system has been put in place? Mr. Plummer: Right. Mr. Bialik: I would have to go to numbers of people. The estimate of operating staff for these systems full time, is about sixteen people. I believe the equivalent numbers are now rather 7 or•8 for the current data processing requirements. This doesn't include the people like key punch operators and data preparation... Mr. Plummer: These 16 people would be on a 24 hour basis. 14;i 2/28/74 • Mr. Bialik: The 24 hour basis versus the 12 or 14 hour basis, 7 days a week versus ...something like that, yes, Sir. Mr. Andrews: Would you just stop for a minute, because it is t too important to leave that figure alone with explaining a little further. The 5hmillion dollars made up really of two items:.. The 51 million dollars for the computerization of the department is made up cf two figures, and you should under- stand:that round figures, 21 million dollars is for the hard- ware,.that's the actual computers and equipment. Three million dollars is needed to carry the Police Department from its current operating methods to the new methods that would be used in the computerization. In other words, there has to be a specialty in there; personnel, consultants, or someone else that will designsthe systems and design the programs that will be established in the computers, that other people will operate. If you can visualize, you will have a design team either a group of professionals, or a consultant come in and make the analysis of all the programs that are needed, that will be computerized, and they will come in and make all these studies and all these adjustments and it may take from the time they start until the time they complete two, two and a half years before they are finished. They will also be train- ing .personnel who will be operating the system, and when that is in place and when it is fully operable, and people are trained to operate it, then this group steps away and you have spent three million dollars, and that is it. Then you are in an operating phase. Mr. Plummer: Paul, that is well and good, but we are also talking about just from his figures, approximately one hundred thousand dollars a year in budget just for the new personnel to operate this new machine. Correct, Sir? Mr. Andrews: Yes. Mr. Plummer: So we are talking about $100,000.00 more beyond what we have now. So we have to figure that what is our oper- ational budget going to be after we move into this new build- ing? Mayor Ferre: Listen, my friend, can I tell you something about this, cause I am going through this in my private business. I have spent a lot of time going over all of this computer stuff and let me tell you what computers do. They give you the in- formation that you normally have quicker. That is the basis of it. Now, in a business you don't necessarily need information quicker. I cannot judge that for a police department. I would assume that the essence of effectiveness has to be instant information, or quick information. Now that, I don't know. Somebody has to convince me of that but I know in a business, what do I care if I get it today, or five days from now or two weeks from now as long as I get it within a period in which I can use it effectively? We had Cooper's Lybrand and we've had Boeing and we've had Mitchell, or whatever their name is... We had three different firms come in and make studies for us and every time I look at the figures, just to get into the computer business, for Maule, it will cost a million and a half dollars just to get into ;it. That is just first step, and then you say well fine, how ;many accountants are you going to get rid of? Oh no, you're not going to get rid of any accountants, you are going to add technicians and specialists and programmers, and this and that, and the other thing. Wait a moment now, what am I doing all of this for? You're going to get quicker information and it will be more useful. I said look, all I want to know is when is it delivered, how much did 14t 2/28/74 • • it coat, how at I making or loosing and you know, that type of thing. Now, in my business, 1 don't need anything much more than that. sure, we get truck utilization things, and we get all of these ratios, but listen, that is no substitute for a good manager. Mr. Plummer: The point I was addressing myself to, Mr. Mayor, and 1 have seen, 1 have never had any dealings at all with cbm- putors, but many big businesses do not even own their own com- puters. Now you know, the Police Department is one facet of City operation. Now we have a computer here, right? That they are using here. Well what do you call it? IBM equipment. All right, but we are soon, and under the Federal Revenue Pro- gram we hope to computerize our Finance Department. Now Paul, the point that I am trying ;to make, or the point that I am trying to get at; if we use 5.5 million dollars just for com- puters in the Police Department, are we being foolish when we know right now, that the hope and the desire of the administrat- ion is to go into computers in the Finance Department, and I think branched out from there? Then we go to the point that are we better off leasing, are we better off owning, I don't know. Mayor Ferre: J.L., I tell you, I do, because I have been through it. Let me tell you something. One thing is a horse and the other thing is a cow, and the other thing is a goat. The computer for a finance department has nothing to do You are better off having smaller computers serving specific units for specific purposes than to put everything into one big monstrous computer. It just does not work as efficiently Mr. Plummer: All right. Then Paul, when we talk about going to the Finance Department computerized, are we talking about a like figure? Mr. Andrews: No. I don't think so. I hate to digress from th their presentation, but on a city-wide basis, if I may use this illustration, they're going to expose that they are going to need three computers in the department of different sizes. They will explain that ... Mr. Plummer: All right, I am sorry, I shouldn't laugh, but when you say three, is that the total cost of three? Mr. Andrews: The cost I gave you is for everything. Now the Fire Department is planning a fourth computer; sized for its own operation. Let's say that these are all on line four com- puters, three in the Police Department, and one over in the Fire Department, and when we get through with our study City-wide, we might have a fifth computer that would take care of finance, public works, the building department, and let me tell you what happens. What is planned for the City is to have a relation- ship between all these computers, so that certain information in the Police Department becomes available to the Fire side, certain information that the Police Department needs from the Fire, and even the building department will be made available. i.e. there is a problem in the downtown area and they are re- sponding to it and they want to know how many exists are there in the Maule Building downtown? How many ways can we get in and out of the ground floor of that particular building? Well almost, this properly programmed and worked out, that infor- mation will be available almost instantaneously. Mr. Plummer: As the Mayor just said, one is ;a cow and one is a horse, as I recall, the computer, or the computerized phase of the Fire Department is $200,000.00. 14i 2/28/74 lik Mt. Andrews: That is a different.--- all together. Mr. Plummer:. Fine, but when we are talking dollars, we are talking $200,000.00 for the Fire Department to put them on the compuier, and we are talking about --- Mr. Andrews: 21/2 million... I don't if the Fire Department, what the $200,000.00 represents. They are not far enough down the road, really, to make those kinds of estimates. That is $200,000. to buy hardware maybe, but that is not the development of all the programs they are going to need to get all of those com- puters to work. ' Mr. Plummer: I apologize for my ignorance. Mayor Ferre: Not necessary, it is very interesting. Mr. Bialik: We want to talk about what we are trying to do with this system, I guess that is a good question to address at this time, and there are really two things that we are trying to do, and I:will tell them now. 'One is to increase the service to the public, and I guess that goes without saying. The second is to increase the safety and support to the Police Officer in the . field. And as the Mayor referred to before, you don't do this without timely information. There is no function that we are trying to provide to the public that doesn't require timely information. The public, as you well know from many discussions almost directly measures the efficiency of the Police Force by the time it takes the force to respond to a call, and the more time it takes, the less efficient the Police Department is in the eyes of the public, so one of the things we want to put an emphasis on is Automated Dispatch, in which the dispatcher does not have to carry all the information about the location of police cars, what kind of calls they are, who is on duty, who is in the area, etc., etc. in his head. We can increase the effieiency and the use of the police forces by increasing the planning capability of the department to know what it should be doing with its forces, increasing its ability to analyze the crime patterns, or the occurances of crime in the Miami area, and we certainly can improve its efficiency by allowing the different departments to coordinate in a more efficient manner. And lastly, we want to increase the officer's efficiency. When you talk about the officer's effiency, you talk about giving him information so that he can act with more wisdom and with greater speed, and here I might digress a minute and just let me give you a couple of real life examples. You have a police officer in the City of Miami, that a little over a year ago stopped a for a routine, traffic violation, a well dressed gentleman in an automobile and he asked for a wants and warrants records check on this person. After a 5 minute period the officer deemed it would be unreasonable to keep this gentleman waiting any longer so he issued him a minor citation and let him go on. About twenty minuteslater, the officer was informed there was a murder 1 warrant for this person and he was armed. Now the information was available, someplace, but it could not get to the officer I don't have to tell you what it does to his moral and I don't have to tell you what money was waisted apprehending this person when he could have been stopped right there. Another example, two years ago in Long Beach, Calif. two officers with about six years seniority on the police force answered what they thought was a routine domestic quarrel. They were both shotgunned to death. Routine perusal of the records afterwards indicated that the preceeding shift had visited that same location about an hour previous to the new shift and they had indicated that there was a possibility of violence at the scene and that it should be handled with care. The .14 o 2/28/74 110 information was not given to the officers coming on shift. 2 guess one that is in the papers now would , which ought to be well known to all of you, is the kidnapping of Patricia Hurst. There is plenty of evidence now, that the M&rian Police had information in their files which would have allowed them to get to the house that the SLA evacuated if they had just done it two hours quicker. They had all the information, but they had time enough to evacuate the house, burn it to the ground, and the two or three or four people who were living there are still unapprehended. I don't know how to put a dollar figure on this kind of response, but certainly it is costing the tax payers a lot of money to handle cases like this. Anyway, these other statements here reflect a support for this. We'll let the officer go in with a better accessment of what his situation really is, is it a routine call that he can act a litlle more expeditiously, or should he go in there cautiously? It cost us money and time, if he goes into everyone as .though it were a deadly situation. We can't afford to loose police officers, if he doesn't go in carefully. He can answer requests from citizens quicker, and here, we are talking about a good communications system tied up to this computer system. We want to provide him with this continuity of ship to ship op- eration. Every Police Force in the country has that problem. Its mainly handled by overlapping shifts, that is shifts being on an hour overlapping each other, but the information is generally transferred from shift sargeant to shift sargeant and it looses something in the going We want a police officer to know what is going on from day to day in his particular lo- cation. It may not directly concern him, except in the back of his mind he will be carrying around information that he can get at very easily. We want him to be able to talk to his fellow officers. Now he is out on a beat and notices something that is unusual, we want him to be able to commun- icate with his fellow officers without the necessity of call- ing a face to face meeting or writing a report and lastly, and this is not the least important, by any means, we want to cut down some of the paper work the police officer has to do every day right now. Let me give you an example with the present police force, if you can cut out about 15 minutes of paper work a day, you have added the services to the public ofi about 20 to 21 police officers. Mayor Ferre: Let me tell you, that I can see every one of those previous points, but you are out of your mind, if you think that a computerized system of anykind, anywhere, in any business is going to cut down paper work. There will be 10 time; more paper work. That's all right, don't kid yourself. You mean by paper work, some body scribbling on a piece of paper some facts and passing it on to the sargeant, I agree, but if you mean by paper work all of the tons and tons of information that is going to be printed out in the computer every time some body needs something about something, you know, you are going t to have a lot of paper work. Different kind of paper work. Mr. Bialik: There is paper work, and then there is paper work. We are talking about officers in the field now. One of the things an officer has to do every day.is take out about a half hour to fill out a work report when he comes off shift. Now we know, if we can tie up with the automated dispense system, and we know we can do it, because it is being done, we can prepare his report for him essentially, that he has nothing to do except write a few words of narrative.text rot' o"ered in those areasnot covered by a routine situation. We believe we can save him approximately half of his time in doing this. You are right, there is a lot of paper work involved with the com- puter system, but much of it is handled by the computer systems 2/28/74 • people and not the police officers, and -articular) in an particularly analysis situation. Yes, Sir, 1 would agree with you there. Mayor Ferrel Which gets back to something that has nothing to do with computers, or any of this, and that is one that we have been talking to.the chief about and that is that a policeman should try to do police work. And that we try to get trained personnels for doing the type of work that less trained person- nel can do, or civilians can do, or that . What you are saying is that a computer would have the policeman out on the job, doing the job that he is trained to do, rather than having to spend half an hour of an eight hour shift filling a form. Mr. Bialik: Yes, Sir, you have anticipated my punch lane. I would like to tell you how we are going about this because I sense a bit of interest of how we are going to get all these computers working together. We have been in the business at SRI of doing information system design and implementation for about 20 years now, but in the area of police --the introduction of information systems into police areas is a relatively new one. It is 4 or 5 years old with•the various kinds of exper- ience. So we made sure we were not over -looking anything that was unique to the police situation in this project, and we visited over a dozen different police departments from coast to coast and we have gone to New York, Chicago, Denver, Kansas City, St. Louis, Oakland, San Francisco, Los Angeles, Long Beach, and a number of others. I think the general rules we have always followed in designing systems is pretty much re- inforced by everything we found out from visiting these places and I think some of these points were emphasized to us in all of our information gathering. First of all, we want to intro- duce this system in a step by step manner, we don't want to plunk a large computer right down in the middle of every thing and say the system is ready to go, use it. We think that this system ought to be put together in a manner in which parts of it momentarily, don't function and it shouldn't affect the rest of the system. We don't think we ought to pay for things that have already been developed, and re -develop them, so we are talking about off the shelf purchase. Here, I think it would be much more important to consider in the jargon of the trade what is called software computer programs. There are computer programs in the police field available, and we intend to use them. We think the system has to be reliable, we don't think so, it has to be reliable. There is a number of ways of getting reliability, you can pay a lot more money, and have ultra -reliable equipment designed for you specially. That is what they did in the space program, and you know the price of that is very exorbitant. You can buy duplicate equipment and that is much less expensive, but you are paying a price for hav- ing equipment not working, just waiting for troubles to occur. A little bit later I will tell you the approach we are going to take in this system and it doesn't involve either one of those and we believe it is less expensive. We believe that the staff has to be trained in operating this system before you turn them loose and you can train the people to use this system but you ought to also make sure that it solves the needs that you are trying to solve, so we believe it ought to be operationally tested, before you turn it loose also. Very briefly, the in- formation system for the Miami Police Department has been de- signed so that it has seven major information uses. One is a record system which includes all the hard copy records that are currently present in the system, video tapes, photographs, finger print files, etc. A second is a dispatch system, this is an automated computer system tied up with a good communic- ations system. A field support, which is that system needed to support the officer through the dispatch system. An analysis 1;i u 2/28/74 and planning subsystem, an investigation subsystem which supporta the officer with office investigation. A management system, goes without saying is needed for the whole operation, and this last system, the system support, which is really that collection of items necessary toosupport all the other six systems. ...This is the Florida Crime Information Center, and this 3s the Nation al Crime Information Center in Washington. There are five major sources of information to supply this uses over here--. There is the Miami Police Department itself, the City of Miami itself, Dade County, and the Florida and the National Crime Information Centers, and I would like to digress a moment, right here. From the earliest time of our considerations of this system, the use of the Dade County Information System has been plugged into all of these designs. I will get into that a little bit later. Mr. Plummer: Right now, F.C.I. and N.C.I. are both computer- ized, right? Mr. Bialik: Oh yes, sir. Highly. Mr. Plummer: Out of the average day, right now, how many times do they come back with the same thing, F.C.I.C. is now? How much time out of the day, would you say is the average? Mr. Bialik: It is difficult to answer that question because F.C.I.C. down is caused by a number of different things. -- Mr. Plummer: I am trying to relate this to the once system that you are going to be putting into the City itself. Mr. Bialik: Are you trying to get an estimate of the down time Well, the F.C.I.C. is a link to N.C.I.C., the F.C.I.C. goes down as far as the user goes if the communication line is down, if in the case of Dade County, unless we go through the by-pass route, if the Dade County Data Processing Center Is down, it is down as far as the user is concerned if there is a staggering load of inquiries at the far end and we have to wait a long time. in ---- Mr. Plummer: Yes, but w-eat we really in fact are talking about. This system of ours, as proposed here, is going to be heavily depent upon F.C.I. and N.C.I., correct? Mr. Bialik: For things like weapons,checks, automobile checks, wants, and warrants --- Mr. Plummer: Mr. Bialik: Mr. Plummer: Mr. Bialik: Anything other than local. Yes, sir. Anything other than local. So our system 'will be no better than For other than local. Yes. Mr. Plummer: Now, when I first you correct me if I am wrong, I 20 years, you know at that time terminal, they were supposed to Do you remember those figures? the back up. heard the proposal of N.C.I.C., think if you have been in this when they sold the City a get back a response in 88 seconds. Mr. Bialik: I don't remember what they promised the City, but that sounds like a good promise. Mr. Plummer: Was that within the realm? 151 2/28/74 Mr. Bialik: YeS, air. Mr. Plummer: And it seems like today, the very case that you brought out a few minutes ago, where a police officer has turned someone loose waiting, 5, 10, or 15 minutes. That would have depended upon N.C.I.C. Mr. Bialik: That particular one would not have, but there could be many similar situations where it would. yes. Now I can tell you this, about a year ago, I would have said pro- bably the down time connections to F.C.I.C. and N.C.I.C. were maybe 10% of the time or something like that which is a bad number as far as response time. comes, but there have been really some significant improvements in that situation in the last year, I would say down time now is a very reasonably small figure. That's just building up familiarity with the system in many cases, and providing enough communications that doesn't fail. Mr. Plummer: My auditors, who the Mayor just mentioned have gone to computers, and they are one of the largest now firms in the United States, and that is Lybrand & Coopers. Ok? Two years ago they went to computers, they have had nothing but trouble. Master Charge went to computers, they tell me that the error over there is unbelievable. Now not to this, or to any one given situation, compare for me a comment I have heard, that the error factor for a human as compared with the error factor with a. computer. Is it in fact, as we read many many times; action line is filled. American Express, they always blame it on the computer, Master Charge, they always blame it on the computer. Mr. Bialik: I have been a user of the Bank America services for some 25 years, and for the last 15 years they have been computerized. In the first 10 years, I had two mechanical errors caused by people. In the last 15 years, I have had one computer error and one I couldn't tell if it was a computer error, or a person error. --- Mr. Plummer: We've got an unnamed newspaper here in this City, who has gone to computerization. Last week, my subscription time was up. I got 7 computerized bills on the same day. Mr. Bialik: I would say to you somebody didn't invest the proper investment in making sure they ran their systems checks before they went on the air. I woule like to tell you now what the equipment looks like. In our April report, last year, we recommended to the City a configuration of three small, what we call mini -computers and one medium computer called a midi - and --maximum use of the Dade County Data Processing system. Now before•, Mayor Ferre: Are these going to be tied in with Dade County's? Mr. Bialik: Yes, Sir. We will see that, I may anticipate you will see it in the next chart. We did this after examining 8 different alternative configurations ranging from one great big computer, to about 8 or 9 little ones. The reason we chose this one is because it most closely fit what we had set as de- sign objectives for this system, which is step by step intro- duction. It was an efficient use of computing power, we weren't buying a lot of computer power that we didn't need, it was modular, it certainly was manageable and it had the best devel- opment schedule of all these alternatives. So now we are down to what does the system look like with equipment. This is the system that we have recommended to the City of Miami for the �1J�,; 2/28/74 Police Department Now 1 would like to go ba to what I said p about bow we are going to produce reliability in this system without adding tremendously to the cost. We believe that the dispatch and the field support functions for the Miami Police Department are the crucial items within the Department. It is the way in which we get the service out to the public, and it is the way in which we support the officer in the field, and we believe that the dispatch and field support systems should have complete back up in another computer, that is we ought to be able to switch from this computer to a back up computer in a matter of seconds, and I am litterally talking about 5 or 10 seconds. So, we have designed a system in which these three mini -computers are essentially from the same family of computers, their size and their cost is dependent upon the attachments we put on them, and each one is interchangeable as far as the central unit goes. So that this system while it has more applications on it and has more equipment, can act as the back- up for this system. Now to make this work, we have -- if we go back to that chart where I showed you the users, we have put an order of priority of those users and some of them are priority 1, are very important, some of them are priority 2, some are priority 3, and the system is arranged such, that if this priority 1 item fails, that we can temporarily interrupt items: that are a lower priority, and I'll =- by temporarily, we are talking about an hour or two, at the most. and let the switch over to dispatch. Mini #3 is to be used with a new document retrieval system, or records storage system, which is included in the price that I gave you for the over all in- formation system. Now you will see that Mini #2 is the primary connection to the Dade County Data Processing System. This is in conformance with the Florida and the Dade County master plan for the development of criminal justice information systems. The DCPS serves as the contact to FCIC and NCIC, except in cases of emergency when this link may be down, and then there may be alternative ways of getting there, but they are discouraged under normal situations. There is a very good reason for that because information that comes back from here should be also noted in this system that we want to keep this one up to date and not ;go here unless we have to. So this mini -computer pro- vides that connection. The midi -computer is used for those things that we have more or less labeled management, but it is very very difficult to classify something as management that is actually useful to the officer out in the field. And here, we are talking about activity things, like activity analysis, things like secondary access to the Dade County system, all of the com- puters will have multiple access terminals on them. These two computers will have the majority of them in the building, there shall be some from mini #3 because of the public inquiry nature use of this thing. People walking in to a desk and wanting to know inform ation from the Police Department. There will be some special consuls in this case, because this is the dispatch and telephone answering center for the Police Depart- ment and these will be designed around a concept like these terminals, but with special features. Now one significant in- put to this system, is all the inputs from the City, which included information about buiodings, recreation programs, bud- gets, properties, City Codes, special events and I guess this list could get quite long, but I won't bother you with that any more. And now, what is the timetable look for acquiring some of these things? We have div ided this into four phases... That was the intent, sir, if there is a way of avoiding bids. Then the intention is to put out bids. Yes, sir. The first phase would be to replace the present Miami Police Department computer and acquire a test and development dispatch facility. Here our plan is to use this facility within the current build- ing. It would be a scaled down version of what would be 15o 2/28/74 eventually be in the new building, and it would allow us to actually train the police people and get experience with it before it went into actual operational use and would also allow us to put the real final system in the new building, and let the people march over there and find a completed system with- out having it disrupted. Now, we have currently prepared the technical bids, the technical specifications for this, and this is about 50 pages of specifications. It is ready for issue and is now --- assuming that it is issued this month, we believe the first capability would occur about December of this year and a final capability in October of 1975. Now, I am going to go three more of these, and I had better be careful of what I say about final capability. Final capability in this case means that we will stop any development work, emphasis on this work, and transfer all of our knowledge over to the other, final dispatch system. About October, 1975. The second phase, is something I have said very little about, but we want to convert the present paper records system to a microfilm system and a computerized index, and to any of you who have been over to see records in the Police Department, and the mounds and mounds of paper and the searching that has to go on to get it, I think it is mandatory that we do something like this. We would be prepared to issue bids in March of 1975. The first capability could come in 1975,November, and a final capability in July, 1976. Now here, this final capability date is tied to build- ing occupancy and that is the major criteria. It could be earlier than that, assuming the building will be occupiable earlier than April or May. The third phase is to acquire the whole dispatch capability and move it into the new police building and have it ready when the Police Department moves over there. We would be prepared to issue bids in October, 1975, the first capability in July, 1976. This is again tied to buioding occupancy, or building readiness sometime in April or May. Final capability in September 1976, the three months time in there is just the time we think we need to de -bug this system once it gets in the new building. The Fourth is to acquire the full management support capability, and we would be prepared to issue bids in October, 1975, first capability in July, 1976, final capability in July of 1977. Now this final capability includes all of those major items that we see going on that system now. With a system of this type, I am sure there will be continuous additions to it but they can be handled by the regular operating staff, not a special development staff. My last chart is going to go into the timetable or the expend- iture chart, and before I -- I have divided that up into two different portions, that needed for systems development, and that needed for equipment. I would like to take just a minute to tell you what we mean by system development, since it is a loose term in public use. The things that go on during a system development are, we have to know what it is we are trying to do and how we are trying to do it. We have to design a system we have to train technical people and managerial personnel, we have to do in these kinds of systems, develop. computer programs and proceedures, we have to convert the information from its present form so it can be used in a computer, and we have to install and test this system before we can turn it loose. Now the things that are commonly called software, normally cover this area to the public, but really, all of these things are software, but I want you to note that this is a capital investment, this is a one time investment, this is not some thing that is done over, and over and over again. With that wort of preliminary, Mayor Ferre: Inaudible. Mr. Bialik: These are dollars. I think things. Knowing the questions you have 154# I would point out two asked preceeding, 2/28/74 about 1 the building, these are the figures that we estimated about a year ago. Mayor Ferret Systems Development, who does that money go to anyway? million dollars. Mr. Bialik: It goes to whomever you choose to provide the seri- vioee that 1 listed on; the other page. Mayor Ferret That's what I mean about. In our little oper- ation, a million and a half dollars just to get into a com- puter program. Mr. Bialik: The second thing I would like to say in addition to this, these are still the prices, and we see no reason that these should change. This situation in which the development costs are more than the hardware costs is typical, very typical as a matter of fact, this is a low ratio because of the fact that there is experience in the field and we will take advant- age of it. I thank you all. Questions? Mr. Plummer: I have not seen in the Commission's decision, that we can afford computers, any alternative. Now let's say if it were to be that we feel then what? Mr. Bialik: I say you are faced with a very serious choice. How you provide more efficient and more police service, in some way. Mr. Andrews: Can I help answer that? In my judgement, from listening to all the presentations and becoming acquainted with this matter of converting the Police Department from its present operations to a new one, if you don't go the computer route in the Police Department, then don't worry about building a building. Mrs. Gordon: I agree with you, Mr. Andrews. 100%. new Mr. Andrews: That is the whole heart of everything that needs to be accomplished in the Police Department. Mayor Ferre: You'd better be careful. If I end up with a com- puter and no building--- because if that is what you are saying then I am going to answer you by saying that is very nice, Mr. Andrews, let's go ahead with the computer and let's save ten million dollars on the building. Mr. Andrews: I am saying the reverse. Mayor Ferre: I know you are, and I am reversing it on you again. You are saying if you don't go with the computer, don't go with the building, and I am saying fine. Let's saying lets go with the computer and not with the building. Mr. Andrews: But you have to have the building to function around the computers. Mayor Ferre: You don't need that building for a computer. Mr. Andrews: You need it to complete the modernization and go with everything. Mayor Ferre: That's different, but you've got to be careful with that. Mr. Plummer: Thank you, you answered my question. I hate to 155o 2/28/74 get ipto a situation where there is no and, or, it is either thia,or nothing, type of situation. Mayor pertet Well, that is because of our ignorance. Mr. Plummer: In what way, Mr. Mayor? Mayor Ferre: They have an advantage, they know what they are talking about, we don't, so we have less---- so we end up with an either or, but it isn't really an either, or. There are a lot of alternatives. For them to come to this situation, they have gone through an awful lot of sifting, and analyzing and con- dluding, which we have not been not been a process of. We're seeing the final result. I've got a question, after it is all done and over with, 1977 rolls around, and you've spent 51 million dollars, how much will it cost to maintain the system that it will:take 51 million dollars to implement? Mr. Bialik: Indirectly, I answered part of that question from Mr. Plummer, in the addition of staff. We said probably 7 or 8 additional staff positions and I would Mayor Ferre: You have 7 or 8 programmers. Mr. Bialik: You have, as I tried to say before, there is a difference between the development period and the operating period. Mayor'Ferre: You've got three computers, and all you're going to add is 7 people? Four com puters, well three here, really. Because the fourth one is in the City. You've got 3 computers in the Police Department and you're only going to add 7 people? Mr. Bialik: This one is not programmable in the sense that you are talking about. This is an operational control computer, and is not used for general purpose. The same would be true of this one although a minor amount of reprogramming for a different kind of index system... So essentially what we are talking about is programming on this machine and programming on this machine and we already have programs in the Police Department which we know about. Mayor Ferre: Midi, what is that? Mr. Bialik: That is a medium sized computer. Mr. Plummer: One final question and I will quit, sir. Is there anywhere in the United States, anywhere at all that there is any kind of system that is comparable to this one? Mr. Bialik: plete system Mayor Ferre: There are systems coming into being .... A com- in existance like this, the answer is no. Scotland Yard doesn't have one? Mr. Bialik: Not a complete system like we are talking about here, no. Mr. Andrews: Do they have elements? Mr. Bialik: Yes, someplace. Mayor Ferre: sir. All the elements of this system are Are we going to be first in the nation? Mr. Bialik: I can't answer that, cause I don't know the speed 15U 2/28/74 with which other people are going to brine them up. Mayor Ferret Are other people doing this? Mr. Bialik: You mean . We know of no of no equivalent situation where they have planned to use this configuration. Mayor Ferre: You don't know of anybody else in the country planning to do something like this. Mr. Bialik: Not completely like this. We know of install- ations where this is a mini, installations where this is a part of a very large computer, we know situations where these funct- ions and these functions are on a very large computer and there isn't anything like this Mr. Plummer: What I am getting at -- even, let's say the FBI does not have a system this complete. Mr. Bialik: The FBI doesn't have this kind of a problem. The FBI doesn't dispatch police cars on momentary basis, it also has, the back up of a system which is tremendously much more expensive than this one. Mayor Ferre: I think Reboso has a very good idea. If it doesn't work, it will be Joe Robbie, City Manager and Shula as Chief of Police. I don't think you guys caught the point, I don't think you guys will even be in the community. I will be going with you. Mr. Andrews: In a moment of seriousness tthough, you have touched on something that is very important, and I think it is worth... You have spent all this time, spend one more minute on it, and that is that the components of this system exist in different forms, in other Police Departments and they have taken this known kind of information, known kind of operation and put it together in one complete unit, maybe the first of its kind in the nation, and that is what we were talking about. I am relying on their experience Mayor Ferre: You're sure? I'm relying on your judgement. Mr. Andrews: All right, I repeatedly asked this question and this has been repeatedly answered the same way, that they have gone and visited all of these police departments and departments that are partially computerized in different areas, one in records, another in dispatching, and so forth, and they have come up with all of this in one integrated system for the City of Miami and as a result of the bond issue and the way it was handled for the specific purpose of modernizing the entire department, nobody has had the advantage that we have in approaching the solution of a total re-evaluation of the Police Department the way we have. Mayor Ferre: Ok, Mr. Andrews: Chief, why don't you come up here. I want to ask the Chief a question before he wraps it up. Have you been involved in this whole process of thinking this through? Chief Garmire: Yes, sir, from its inception. Mayor Ferre: Do you agree with the way it is going? .1.55l 2/28/74 Chief ( armiret Yes sir, that which has been presented to you today is alrost precisely the way it was presented to the people of the City of Miami back prior to June of 1970. These elements were all included in the program that we proposed to the con.. atituency at that time. Mayor Perre: Do you think it is going to work? Chief Garmire: Yes, sir. I am very confident that it will work. Reverend Gibson: Was your staff involved in this process? Chief Garmire: They have been consulted frequently from the inception of this. Reverend Gibson: I didn't ask you that. Was your staff in- volved with this process? Chief Garmire: Yes, sir. They have been involved. Reverend Gibson: A11 right. I just want to make sure because later on, you know what I mean? See I have a long memory, even though Plummer accuses me of being bald up here, and he is right, I am, but my memory is long. Let me ask another question, not to you Chief. Sir, professor, I want to get you on record. You have been invertly involved with the Chief and his various departmental aids and staff people? Dr. Weigand: We have been involved throughout the department. Reverend Gibson: Mr. Architect, you have been involved with the Chief and his staff. Mr. Chief, I am going to get them all on the record today, you have been :involved with the Chief and his staff, the department heads, and all those folk who help to call their shot. Mr. Pancoast: To an extraordinary degree. Reverend Gibson: And you are satisfied you've got their co- operation and they've pulled no punches with you. Mr. Pancoast: I am satisfied. Reverend Gibson: I want everybody to hear that. Cause if we don't get results, let me --- I don't know what the Mayor, J.L., Mr. Reboso, and Rose, I am talking about Theodore. If we don't get results with all of this man, somebody is going to be in trouble, cause this is what the people apparently want. They want instant results, or as quickly as possible, and the most efficient operation. Now Chief, hearing me say that, are you all, the two, the three of you satisfied that we are about to give the people what they have indicated that they want and must have? Chief Garmire: Yes, sir. By the time we get the building built and the program implemented we will have done the best possible under the circumstances. Reverend Gibson: All right. I'm like J.L. He may not always be right, but he ends up on the right side. He said when you came in and asked for money, he said to you, unequivocally, "How much money do you need to do what you think needs to be done". Now I remember him so well, he didn't hesitate. I don't know where he got that money from, but he found that money, 15o 2/28/74 Chief Garmire: May I explain just one thing to clarify your question, and the answer to it. Many, many people in the department all the way from patrolmen up through my office have been intimately involved with this program practically from its inception. Working groups were formulated, and they worked on the various desciplines involved in the development of the plan. We have had a number of working groups working with Mr. Pancoast and his associates, they have worked with each unit in the department. They have been subjected to rather critical sessions, as a matter of fact, I think Mr. Pancoast would agree with me on that. We have done our best to try to get as much input and thinking from all ranks of the department into this as we believe possible. Reverend Gibson: That evoked another question, and I am going to do like JL, cause I want to go home. You know, there are a number of departments all over this country, Rose, when I was in Indiana about a year ago, you said to me, "Go meet the Mayor what's that ---very young mayor of Indianapolis, Indiana. Lucar. I noticed they had a new building and all of this and they had a combination deal there with what we call our County and their City. What I am also now asking is did we look around, view the land? In my business, we talk about, you send out people to look and you come back telling us, you have seen this, you've seen this Mayor Ferre: In other words, have you been out to see what other people are doing through the country? Reverend Gibson: Right. So that we not only get a new system, but we get a modern system, and the most up to date business for our money. That's what I am saying. Chief Garmire: The staff of the Stanford Research Institute have searched this land from coast to coast and border to border. They have been in those areas which have the latest development in this technology and they have brought back to us the best of that which has been developed in other areas. I think we were fortunate in this respect. Many of these other areas kave done the experimenting and they have in many in- stances probably lost money and have spun their wheels, but as a result of their development, we are taking advantage of it, and we are getting the best of that which they have developed. Reverend Gibson: Dr. I want you to answer this. Since he said you all did the exploring. Tell us for our edification, you know, in my business, that means opening up. Tell us for our edification, what cities you bring this experience and know- ledge from. Dr. Weigand: In the area of information systems, Jack Bialik had a list of cities which he did not read out to you, some he did. Kansas City, Chicago, Dallas, New Orleans, Jack, you know them all. a Mr. Bialik: We visited New York, Chicago, Kansas City, St. Louis, Dallas, Long Beach, Seattle, Denver, Oakland, San Francisco, those are the ones that come to my mind right now. Reverend Gibson: And you are convinced that what you found for us is better than anything that they have. All told. Mr. Bialik: We are convinced that what we have designed for you is what is best for the City of Miami's requirements, and we have used the best ideas of what we saw. Yes. 15� 2/28/74 Reverend Gibson: Let me put it another way. See, you didn't answer my question. Having visited all of these cities that you have named, you are convinced now, that you have designed for us, the best of the possible world Based on what you have, the cities you have visited, and what they have to offer, and based on what you perceived our needs to be, we now have the best of the world. Mr. Bialik: Yes, sir. Reverend Gibson: All right, now one other question. Mr. Pancoast, they are building several new buildings in the police works, I take it sir, that based on all those draw- ings you have given us that we have as of now, stacked up with all of those other cities where you have visited or have not visited, based on what this says, we have a world that we can well be proud of and not ashamed of. Mr. Pancoast: As to my knowledge, Reverend Gibson, we have a better situation, architecturally, which is my area of respons- ibility, than any city in the United States. Reverend Gibson: All right, that's all I wanted to hear. Dr. Weigand: Mr. Bialik has described the information system that we recommended be implemented. I'll now mention the princi- pal features that we plan for the department's communications system, which will be integrated with the information system. The performance and effectiveness of the MMPD field officer on the street will be greatly enhanced by providing him with a phone -patching capability and a play back of conversations. Each officer's prtable radio will also serve his needs in the car, so that a separate two-way radio installed in the car will not be required. While in use in the car, the radio plugs into a recepticle for battery charging, and additional communication modes are provided such as the capability for transmission of prearranged status messages, one such message could include an emergency alert signal if the officer is in danger. The vehicular mounted portion of his radio system will have the added capability of receiving hard copy messages. Such messages might be originated by the dispatcher or other persons in the communications center, or might be transmitted by a computer in response to a request for information origin- ated by the patrol officer himself. To improve resource man- agement, the department's radio communications will call for the addition of new receiver sites and additional channels with all channels covered at all receiver sites. The comput- erated dispatch system, will of course, be coupled to the communications system, to help in reducing police response time. We are not recommending the full compliment of new radio gear be procured at once. Rather, webelieve that purchasing a limit- ed number of sets of equipment to be coupled with a testing, training and development computer installation at the present building would be more appropriate. Automatic Vehicle Locators augment the computerated dispatch system by keeping track of the actual positions of patrol force elements, rather than only keeping track of their availability for committment to respond to calls for service. Additional reduction in police response time and increased officer safety can be expected if an AVL system is implemented in the department. At this time, however, although there are a number of candidate AVL systems being developed, technical feasibilities are still being investigated until all technical problems are fully resolved, and even more importantly, until problems associated with implementation and field operations are better addressed, we do not recommend the expenditure of funds for such a system. We will, of course, 1bu 2/28/74 continue to monitor progress in this area, with the eventual expectation that an eventual AVL system will be procured and added 'to the MMPD roster of advanced technology items. Now how much will all of this cost? This chart shows our latest cost estimates reached the technology areas. The anticipated building cost totals 10' million dollars, you heard that. The equipment to be installed in that building and other locations and depart- mental vehicles, and so on plus the funds that must be expended to assure that the equipment's intrinsic capabilities will be fully exploited, will require a total 8.9 million dollars, excluding Automatic Vehicle Locators. You have been informed that the equipment and information systems plus development costs come to 5.5 million, communications comes to 1.9 million, research, planning and design costs and the resources expend- itures to improve departmental management, organizational development and manpower planning are an additional 1.5 million. This total of 19.4 million is still within the planned 20 million bond money. The remaining unallocated $600,000.00 could serve as seed money for the eventual AVL system. AVL costs have yet to be firmly established, but we estimate that they will not be less than 1.1 million, but could be as much as 1.8 million, depending upon the system finally accepted. To conclude, a program for development of the MMPD was offered and accepted by you, many of the specifics making up the program have since been defined so that the goal of croating the Miami Modern Police Department can now be attained in the shortest feasible time. Making the expenditures indicated, to obtain the equipment and systems described will thereby greatly enhance the department's performance and capabilities to the end that the public's ex- pressed expectations of receiving greater effectiveness, faster response and more professionalism will be satisfied. We are convinced that this is the best allocation of the bond money voted for in 1970. Approval to procure the technical systems together with the activities that support them is needed now to enable the MMPD advanced concepts to come into existance. This is the next step to be taken so that we can proceed on the planned implementation. Thank you. Mayof Ferre: Thank you very much, Dr. Weigand for that 45 minute presentation. I'm pulling your leg, obviously I am being facitious. It isn't your fault, and Paul, this is a criticism of you, and I am sorry, this is much too important a matter and much too good a presentation to have unfortunately been made from 7 to 9 O'clock when most of the people are here because they have to be here, rather than having like we should have had, the press was not, the press was gone, no radio, no television. I think this is really a great day for the Cityi of Miami and I think it has taken much, much too long to get to where we are today, but that is no longer important. Here we are in 1974, four years later, but we are here, we are here today. Today is a great day and I think we should really have had this early in the morning with all the flags out and all of the banners flying. I mean this is a big fire cracker, and having it late at night... Reverend Gibson: Mr. Mayor, I do want to say this, I have been up here not too long, but at least the presentation was very understandable and very clear to me and I like the colors used to illustrate the figures, and some of those others have been ---- I didn't want to go to sleep, but I sure wanted to and I do want to say that this was refreshing even though it was at 7:00, I want you to know he didn't wear me out. Dr. Weigand: Thank you, Reverend Gibson. Mayor Ferre: This has been a very important, well presented 161 2/28/74 • doctor, it really has, and tester, it is one of the best I have seen and it is a shame it had to be between 7 and 9 Paul. 1 hope that in the future, when we have important things like this to share with the community, we share our pride when it can be shared rather than in the lonely, quietnes of this room that doesn't have any press in it. This is Sunshine in reverse. We forced the press out. They just don't have the stamina we have, that's all. Mr. Andrews: Mr. Mayor, Members of the Commission, there is two actions I request you take, if you will, after I have presented them. #1 is that I need a motion from the Commission that they accept, and we call this the preliminary architectural design phase, and until you accept it, we are not prepared to move ahead any further than that. Mayor Ferre: You want a motion? Mr. Andrews: Yes. We constructed our contract with the architect so that he could not move ahead beyond a certain stage without having first made a presentation to the Commis- sion and accepting it. Mayor Ferre: You mean you don't have working drawings on this? Mr. Andrews: No, sir. Mayor Ferre: Well then, how are you going to go to bids in October, 1974? Mr. Andrews: Mr. Pancoast can answer that, that is a part of his contract. He will have them ready. Mr. Pancoast: We have a five month period to do working draw- ings. Mayor Ferre: How long has it taken you to do all of this, Lester? Mr. Pancoast: It has taken us three and a half months. Mayor Ferre: Oh, that's right. Excuse me, it is late at night and I keep confusing the time that I was entrim Mayor. I was almost going to jump on you and say I voted on this when I was on the Commission in 1970 but of course, that isn't so. Mr. Pancoast: Three and a half months, Mr. Mayor. Mr. Andrews: Now the second motion, or second resolution, the second matter is a resolution which I have prepared for the com- mission, if they will entertain it. I will read it, and then you can reflect on it. A resolution accepting and approving the plans for the information system component, Miami Modern Police Program as prepared by Stanford Research Institute on the agree- ment for phase two as quthorized by resolution #74-73447, pre- sented at the Commission Meeting of February 28. What this resolution does is in principal, approves the computerization program that has been presented to you today. Mayor Ferre: All right, I will entertain a motion on the first one, if somebody wants to make such a motion on the architectural aspects of it. Mr. Plummer: I hate to say this, and I have to speak my thoughts, but I think you hit my thought previously. This is a big, large project and I personally would rather have, and feel better vot- ing after I have had time to sit down, digest this written 2/28/74 material, give it some thought, and come back and give you an answer on the 14th. Mayor Perre: Does anybody have any objections to Mr. Plumtner'e request? Would you schedule this for a vote on both items on March 14th? Reverend Gibson: In the morning, Mr. Mayor. Mr. Plummer: I don't think the vote is going to take that long. Mayor Ferre: Let's not go through a lot of talk unless it's absolutely necessary. Reverend Gibson: JL, I want to make sure in the morning. Mr. Plummer: Fine. Mr. Andrews: I think what we will do, is have the architect and SRI present in case the Commission has any questions. Mayor Ferre: Yes, and I would like to have these pictures and the model so that we can get give it some good exposure. All right, ladies and gentlemen, I think we have come to the end of the day. Is there anything else to come before the Commis- sion? What is this thing I see here about Amtrak, what is this all about? Mr. Southern: Mr. Mayor, that is just something for your in- formation. We received it in the mail and I am passing it along to the Commission. Mayor Ferre: Well, I tell you, Mr. Manager, will you look into this; that may not be a bad idea to get Amtrak down. That may help tourism in this community a great deal. Would you study it and see if you think it is appropriate to pass a smiliar resolution, pass it on. 81, DISCUSSION ON HIRING OF $I -LINGUAL RECEPTIONIST FOR CITY COMMISSION OFFICES Mr. Reboso: Mr. Mayor, I have a small item that is the bilin- gual receptionist. We need it very very badly, we've agreed on one person. Mrs. Gordon: You have a name of a person, Mr. Reboso, will you name her, please? Mr. Reboso: Yes, Aida Gonzalez. Mrs. Gordon: I'll second th : Mr. Reboso: She was the most perfect of the ones that were interviewed upstairs, of the many many that came. Mayor Ferre: Who interviewed her? Mr. Reboso: I think Miriam interviewed her, I think Rose spoke with her. Mr. Gordon: I spoke with her on the telephone. Her voice and her diction are perfect. 16 L 2/28/74 110 Mr. Reboso: 1 spoke With about three or four of then. Mrs. kGordon: Yes, She speaks English very very fluently, she is really an American, I understand. I don't know the girl personally, but ---. Mayor Ferre: Does she type? Mr. Reboso: Yes, she can type. Mrs. Gordon: It is impossible to function without having someone to receive calls. Mr. Andrews: Well, you are going to have to function that way unless the Commission is going to find money somewhere else because we have expended all the money that we have put into the budget for --. Mrs. Gordon: What did you spend the receptionist's money on? You had a receptionist.--- You put in telephones in the room up there, making ready for a receptionist. Mr. Andrews: Mrs. KGordon, I can give you a detailed account- ing of how much all that cost and I will be glad to supply it to you. Mr. Reboso: I would like to propose that the City Manager can find the money. Mrs. Gordon: Direct you to find the money. The following motion was introduced by Mr. Reboso who moved its adoption: MOTION NO. 74-164 A MOTION REQUESTING THE CITY MANAGER TO EMPLOY AIDA GONZALEZ AS A BI-LINGUAL RECEPTIONIST IN THE CITY COMMISSIONERS' OFFICE, PROVIDING FUNDS CAN BE MADE AVAILABLE. (Here follows body of motion, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Reverend Gibson, and Mrs. Gordon. NOES: Plummer and Mayor Ferre. URNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT: ATTEST: H.D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk 9:20 O'Clock P.M. THIS DATE. MAURICE A. FERRE Mayor 16' FEB 2 8 1974 CITY OF MIAMi no, DOCUMENT MEETING DATE INDEX- FEBRUARY 28-1974 ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION CODE NO. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 COMMISSION AGENDA & CITY CLERK REPORT (23 pages) ACCEPT PLAT ENTITLED JACKSON MEMORIAL HOSPITAL TRACT ADDITIONS -A SUBDIVISION CITY OF MIAMI ACCEPT COMPLETED WORK -FENCE MASTERS INC- MORNINGSIDE PARK POOL AMENDING RESOLUTION NO. 73-557 ENTITLED "A RESOLUTION ALLOCATING $20,914-PROJECT "CITY -OWNED PARKING LOTS LIGHTING 1973" MIAMARINA RESTAURANT -PARKWAY DRIVE LIGHTING - CAPITAL IMPROVEMENT FUND HIGHWAY BOND FUND TO COVER COST MATERIALS - PAVEMENT AT STREET INTERSECTIONS PROJECT NO. 6152 ENTITLED "CITY -OWNED PARKING LOTS LIGHTING-MIAMI BASEBALL STADIUM CLAIM SETTLEMENT-NAT HARRISON ASSOCIATES, INC. PAYMENT -GREATER MIAMI JAYCEES-PROJECT NATIONAL NETWORK OF YOUTH ADVISORY BOARDS EXTENSION OF EMPLOYMENT-RAFAEL GARCIA- POLICE DEPARTMENT WASTE COLLECTION LICENSE TO RAFAEL & ROBERTO TRASH SERVICE -CITY OF MIAMI PETITION FORM -VALIDATION OF SIGNATURES IN COUNTYWIDE PETITIONS APPOINTING MEMBERS FOR CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION AGREEMENT WITH METROPOLITAN DADE COUNTY AND THE NATIONAL LEAGUE OF CITIES U.S. CONFERENCE OF MAYORS ORDINANCE AMENDING SECTION 3-8-CODE CITY OF MIAMI ENTITLED "HOURS SALES PROHIBITED" CONSTRUCTION EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352-C (CENTERLINE SEWER) CONFIRMING RESOLUTION NO. 73-970-CONSTRUCTION N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT GRANTING PETITION AREA DEVELOPMENT -"RIVER COVE" -NORTH RIVER DRIVE AND 17TH AVENUE R-74-112 R-74-113 R-74-114 R-74-115 R-74-116 R-74-117 R-74-118 R-74-119 R-74-120 R-74-121 R-74-122 R-74-123 R-74-124 R-74-126 R-74-127 R-74-128 0082 74-11 74-11- 74-11 74-11 74-11 74-12 74-12 74-12 74-1 74-1 00 74-1 74-1 74-1 DOCU MENT'IN DEX CONTINUED PAGE # 2 • RETRIEVAL ITEM NO. DOCUMENT IDENTIFICATION 19 23 CASE SETTLEMENT-JAMES FALLON VS. CITY OF MIAMI 24 TRANSFER OF $10,000 FROM CITY CLERK - ELECTIONS TO OFFICE OF THE CITY CLERK 25 TRANSFER $10,000 FROM CITY CLERK -ELECTIONS TO OFFICE OF CITY CLERK TRANSFER $2,300 FROM CONTINGENCY FUND TO CITY COMMISSION BUDGET 26 27 MATCHING GRANT $46,475 FROM THE NATIONAL ENDOWMENT FOR THE ARTS CONTRACT-JETHRO W. TOOMER AND JOSEFINA SANCHEZ PANDO-TESTS RECRUITMENT PROGRAM FEDERAL GRANT APPLICATION -DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEASE AGREEMENT WITH ANTONIO MOLINA-MIAMI SPRINGS GOLF COURSE CLUBHOUSE ACCEPT BID -BRA TURF & EQUIPMENT -PARKS AND RECREATIONAL DEPARTMENT PERMIT TO ST. KIERAN'S CHURCH -AMUSEMENT RIDES -LA SALLE INMACULATA SCHOOL- 20 PARK AND RECREATIONAL FACILITIES BOND FUNDS -EXPANSION OF WAINWRIGHT PARK 21 AGREEMENT BETWEEN MIAMI PROFESSIONAL SPORTS LTD, MIAMI TOROS SOCCER CLUB AND CITY OF MIAMI 22 CONTRACT -DEMOLITION TWO BUILDINGS DEVELOPMENT FORT DALLAS PARK TO BEN HURWITZ,INC. 28 29 30 31 32 ACCEPT BID -SANITARY CONTROLS,INC.-TRASH CONTAINERS DEPARTMENT OF PARKS AND RECREATIONAL AND FIRE DEPARTMENT 33 PAYMENT OF ACCRUED VACATION TIME-M.L. REESE- DURING HIS TERM AS CITY MANAGER 34 APPOINTING LESTER FREEMAN, FRANCINE THOMAS AND EDWARDO PADRON-STATE REGIONAL MANPOWER PLANNING BOARD 35 MOTION APPOINTING FIVE MEMBERS TO THE CULTURAL ARTS ADVISORY COMMITTEE 36 APPOINTING REPRESENTATIVES CITY OF MIAMI- BOARDS CHARITABLE ORGANIZATIONS 37 APPOINTING REPRESENTATIVES CITY OF MIAMI- BOARDS OF DIRECTORS OF CHARITABLE ORGANIZATIONS -FEDERAL REVENUE FUNDS 38 ACQUIRING PROPERTY CIRCUIT COURT CASE NO. 73-15433-CITY OF MIAMI VS. COCONUT GROVE MARINE PROPERTIES INC C ACTJON OMISSION R-74-130 R-74-131 R-74-132 R-74-133 R-74-134 R-74-135 DENIED DENIED R-74-137 R-74-138 R-74-140 R-74-141 R-74-142 R-74-143 M-74-147 M-74-148 M-74-150 M-74-150 R-74-151 UDE NO._ 74-130 74-131 74-132 74-133 74-134 74-135 0084 0085 74-137 74-138 74-140 74-141 74-142 74-143 0086 74-147 74-148 74-150 74-150 74-151 ITEM NO. DOCUMENT IDENTIFICATION 39 CONTRACT BETWEEN CITY OF MIAMI AND THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE 40 DEVELOPMENT OF SEWAGE DISPOSAL FACILITIES ON VIRGINIA KEY 41 ORANGE BOWL COMMITTE—CONSTRUCTION OF THE 3RD ADDITION TO THE CITY'S WAREHOUSE 42 MOTION URGING METROPOLITAN DADE COUNTY COMMISSION—C.I.P. PROGRAM IN COCONUT GROVE 43 ACCEPT BID —DIAMOND CHEMICAL COMPANY— FERTILIZERS- 44 ALL MOTIONS MADE DURING THE CONDUCT OF CITY COMMISSION MEETINGS REQUIRE A SECOND 45 MOTION APPOINTING HAZEL BROWN TO BOARD OF TRUSTEES EMPLOYEES RETIREMENT SYSTEM 46 PUBLIC NOTICE—MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT PLAN 47 PUBLIC NOTICE —HOURS OF SALE OF ALCOHOLIC BEVERAGES IN BARS DOCUMENIIIN D EX CONTINUED COl�iiil3`8I ON ACTI ON_____ R-74-152 R-74-153 R-74-154 R-74-156 R-74-161 R-74-162 M-74-163 PAGE # 3 RETRIEVA .... "e 74-152 74-153 74-154 74-156 74-161 74-162 74-163 0087 0088