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CC 1974-03-14 Minutes
1 i MIAMI CITY COMMISSION 1NUTES OF MEETING HELD ON Thu..6day► MARCH 14, 1974 PREPARED BY THE OFFICE COF ITY HEE ACLCITY CLERK H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT 1. MOTION TO WAIVE READING OF MINUTES 2. CONDITIONAL USE - VARIANCE - TO PERMIT A RESTAURANT ON LOTS 12, 13, BLOCK 101S BRICKELL ADD AMD B-113 3. ACCEPT COMPLETED WORK- GENERAL DRAINAGE PROJECT. G-1 4. ACCEPT COMPLETED WORK - INCINERATOR NO. 1 - FENCING 1973 5. ORDERING RESOLUTION - BAY CREST HIGHWAY IMPROVEMENT H-4373 6. WASTE COLLECTION LICENSE APPLICATION AMERI-CARTING INC. DISCUSSION ONLY 7. ENGAGE REPORTER- CITY OF MIAMI INSURANCE COMMITTEE MEETING SEP.30,1973 - TRANSCRIPT 8. AMEND CHAPTER 16-FINANCE "OPEN MKT.PURCHASES" CHANGE LIMIT TO $2,500 9. PERSONAL APPEARANCE- DR. BEN SHEPPARD REGARD- ING DRUG REHABILITATION CENTERS IN RESIDENTIAL AREAS 10. ARCHITECT AND S.R.I. PROGRESS REPORT MODERN MIAMI POLICE FACILITIES 11, REPORT OF POLICE OPERATIONS- APPEARANCE BY CHIEF B. GARMIRE AND INCLUDING PERSONAL APPEARANCES BY A. ETTINGER AND MR. PETEE 12. DAY CARE FOR THE ELDERLY COMMITTEE PRESENTATION OF PROPOSED PROGRAM AND REQUEST FOR FUNDING 13. PRESENTATION OF PLAQUE TO MR. CARLOS ARBOLEYA AND REQUEST OF MR. ARBORLEYA ON PLACEMENT OF TRAILER FOR BANK=== DISCUSSED & DEFERRED TO LATER IN MEETING 14. PROCLAMATION- DE MOLAY WEEK IN MIAMI FLOWER WEEK BAHAMIAN STUDENTS DAY 15. REPORT BY CITY ATTORNEY=== RE: REQ. OF MR. ARBOLEYA ON TRAILER -See #13 16. PERSONAL APPEARANCE- KEN FRIEDMAN RE: YOUTH ADVISORY BOARD, DISCUSSION OF MEMBERSHIP AND PRESENTATION FOR PROPOSED V.D. PROGRAM 17. FREE USE OF MARINE STADIUM- MARINE COUNCIL OF GREATER MIAMI - MAY 25, 1974 18. APPROVE CITY MANAGER'S PLAN FOR EXPANDED USE OF THE MARINE STADIUM- AUTHORIZE IMPLEMENTATI OF FEASIBLE ACTIVITIES 1 2-3 3 4 5 6-10 10-12 51-53 53 53-54 54-58 58 ORDINANCE OR RESOLUTION NO. PAGE N DISCUSSION RES.74-165 RES. 74-166 RES. 74-167 DISCUSSION RES.74-169 1st Reading DISCUSSION RES.74-170 RES.74-171 RES.74-172 DISCUSSION MOT.74-173 DISCUSSION MOT.74-174 MOT.74-175 MOT.74-176 RES.74-177 RES.74-178 RIDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA . ITEM NO. l SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NL 19 . 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30 31. 32. 33. 34. 35. 36. 37. 38. APPOINT ADDITIONAL MEMBER TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION ( GIL PERLROTH ) AUTHORIZE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION TO REMOVE VILLAGE SOUTH INC. RESIDENTIAL DRUG TREATMENT CENTER FROM AREA CLAIM SETTLEMENT - ROBERT OSTEEN AUTHORIZE 6 MONTH EXTENSION OF EMPLOYMENT LESLIE QUIGG RATIFY ACTION OF CITY MANAGER IN PURCHASE OF HOT MIX ASPHALT AWARD BID - AERIAL SURVEY, CITY OF MIAMI 74 AWARD BID ' JAWS OF LIFE " POWER RESCUE TOOL AWARD BID - PLYMOUTH AUTOMOTIVE PARTS AWARD BID - HIGH PRESSURE AIR COMPRESSOR AND PURIFICATION SYSTEM AWARD BID - CARDIO PULMINARY RESUSCITATOR WITH CARRYING CASE AWARD BID - 7 WATER VACUUMS AWARD BID - READY MIX CONCRETE FROM MARCH 15, 1974 TO MARCH 14, 1975 AWARD BID - RENTAL LINENS AND DUST CONTROL SERVICES 1 YR. AWARD BID - PARKS MAINTENANCE & SHOP EQUIP. AWARD BID - ENGINE CLEANING TANK AND SURFACE GRINDER DIRECT CITY ATTORNEY NOT TO PROCEED WITH APPEAL OF LITIGATION IN CASE OF THE CITY OF MIAMI VS. VERA BOGIN DBA VICTORY SUNDRIES AUTHORIZE AMUSEMENT RIDES- ST. MARY'S CATHEDRAL SCHOOL MISCELLANEOUS DISCUSSION ITEMS: GUIDELINES FOR FUTURE CARNIVALS ORANGE BOWL IMPROVEMENTS ORANGE BOWL SCOREBOARD WAIVE RENTAL FEE-MIAMI STADIUM FOR "THE POPE SPEAKS" APRIL 14, 1974 PERSONAL APPEARANCE- REPRESENTATIVE OF THE DADE COUNTY AVIATION DEPT. TO DISCUSS STANDARDS & CRITERIA FOR AIRPORT ZONING OF SURROUNDING PROPERTIES RES.74-179 60 MOT.74-180 60-62 RES.74-181 62 RES.74-182 62 RES.74-183 62 RES.74-184 --' 63 RES. 74-185 -- 63 RES./4-186 - 64 RES. 74-187 ` 64 RES.74-188 65 RES.74-189 -- 65 RES.74-190 -- 65 RES.74-191 66 RES.74-192 k. 66 RES.74-193 - 67 RES.74-194 RES.74-195 67 68 DISCUSSION 68-69 MOT.74-196 70 DISCUSSION 70-73 ITEM NO 39. 40. 41. 42. 43. 44. 45. 46. • JJ MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT PERSONAL APPEARANCE- DELEGATION OF COCONUT GROVE CITIZENS .TO DISCUSS G.I.P. BOUNDARIES OUTLINED BY METRO DADE COUNTY AS THEY RELATE TO THE COCONUT GROVE AREA REPORT OF CITY ATTORNEY REGARDING ST. JOE PAPER CO.PROPERTY AND AUTHORIZING THE DIREC- TOR OF FINANCE TO PAY $133,138.25 ETC. REPORT BY CITY ATTORNEY - WATER DEPARTMENT TRANSFER AGREEMENT CALCULATION OF FORMER CITY MANAGER'S PAY PERSONAL APPEARANCE BY JACK RICE, ATTORNEY VACATION CARRY-OVER BY CITY EMPLOYEES FEDERAL REVENUE SHARING FUNDS -PERSONAL APPEAR ANCE AND PILOT PROGRAM ON DAY CARE FOR THE ELDERLY PERSONAL APPEARANCE- HARRY RICHARDS REPRES- ENTING INSPECTORS IN PLUMBING DIVISION OF THE BUILDING DEPARTMENT REGARDING SALARY STEPS IN THE YARGER PAY PLAN ESTABLISH FEES FOR USE OF RECREATIONAL FACILITIES IN THE CITY DELETE 39-1 AND PROVIDE NEW SEC. 39-1 47. AMEND SEC. 39-5 INCREASE AND REVISE CHARGES FOR USE OF CITY OF MIAMI SWIMMING POOLS 48. 48a. 49. 50. 51. 52. 53. APPROVE EXTENSION OF CONTRACT FOR MATERIALS FOR THE MARINE STADIUM STRUCTURAL REPAIRS DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR ST. LUKES DRUG CENTERS DISCUSSION OF AGREEMENT FOR LABOR LAW SERVICES AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FUND FOR "MAN IN WASHINGTON" PROGRAM FOR A PERIOD OF ONE YEAR DECLARE MARCH 17, 1974- "ST.PATRICKS DAY" INSTRUCT CITY ATTORNEY TO PREPARE RESOLUTION TRANSFERRING $8,000 FROM CONTINGENCY FUND TO EMPLOY BI-LINGUAL RECEPTIONIST IN THE CITY COMMISSION OFFICE AUTHORIZE CITY ATTORNEY TO TERMINATE PART OF ACTION 73-788 CITY OF MIAMI VS.MARJORIE WILSON ET.AL. PARCEL 7088-75-9 ORDINANCE OR RESOLUTION NOi MACE NE MOT. 74-197 RES.74-198 MOT.74-199 RES.74-200 DISCUSSION MOTION 74-201 "A" MOTION 74-201 tt B tt DISCUSSION (4) FIRST READING ORD- INANCES AND (1) DEFERRED FIRST READING MOT.74-202 DISCUSSION DISCUSSION RES.74-203 MOT.74-204 MOT.74-205 RES.74-206 73-82 83-86 86-94 95-101 101-1C 103-11__ 117-12 125-13 133 133-13 134 134-13 136-13 137 137-13 139 ITEM NO, SUBJECT INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA 1 ORDINANCE OR 'ACL N RESOLUTION NO 54. 55. 56. EXECUTE AGREEMENT WITH JUAN AND MAUREEN FERNANDEZ TO PERMIT THEM TO REMAIN ON THEIR PROPERTY BEING SOLD TO THE CITY FOR A PERIOD NOT TO EXCEED 90 DAYS AFTER CLOSING TRANSFER $23,989.61 FROM THE CONTINGENCY FUND ?OR THE PURPOSE OF PAYING M. L. REESE ACCUMULATED VACATION AUTHORIZE DIRECTOR OF FINANCE TO PAY TO S. Z. BENNETT - $9,743.68 AND STATEWIDE APPRAISALS $11,000 AS APPRAISAL FEES FOR ST. JOE PAPER COMPANY PROPERTY A D J 0 U RES. 74-207 RES.74-208 74-209 139 140 140 i r►��u oF_Acuu►a MEW_ CITY CQMMiSSIOrbF MTAML. FLORIDA On :the 14th day o6 Match, 1914, the City Commibbion 06 Miami, Ftom1da, met at its negutan meeting ptace in bald City in Regutan SeAAion. The meeting wab tatted to okden at 9 : 00 O' Ctock CM. by Mayon. Maun,iet Ftnne with the 6ottow.ing membenb o6 the Comm.i44.Lon Bound to be pnebent: Atb o pneb ent : CommisA ionen J. L. Ptummen CommiAsionen Manoto Rebobo CommiAAionen Rabe Gondon Commids.ionex Rev. Theodone Gibbon Mayon Maurice A. Penne P. W. Andnewb, City Managers John S. Ltoyd, City Attonney H. D. Southenn, City Ctenk Ralph G. Ongte, A44 ibtant City Ctenk An invocation wab det.ivened by Revenend Gibbon who then ted thob a pneb ent in a ptedge o 6 attegiance to the Stag. 1, MOTION TO WAIVE READING OF MINUTES OF PREVIOUS MEETING On the motion of Rev. Gibson, seconded by Mr. Plummer, it was unanimously agreed to waive the reading of the minutes of the previous meeting. 2. CONDITIONAL USE - VARIANCE TO PERMIT RESTAURANT ON LOTS 12 8 13 BLOCK 101S - BRICKELL ADD AMD (.B-113) Mr. Jack Watson: Mr. Mayor, my name is Jack Watson -at this time, I represent the applicant and this time, I would like to move for a deferment until next week. The reason for my deferment is this, is that my client, Mr. Hollo could not be here this morning. He received a notice from the City notifying us that this hearing would be held at a different time other than today as originally planned, so he changed his plans and went to California but he couldn't be here today. The applicant, in my knowledge has never requested a deferment of this matter, it has been deferred before at the request of the department and the suggestion of the com- mission. I will say that since our last meeting we have been successful in getting some off site parking and by the next meeting I hope we will get some more. Mr. Plummer: Move to defer 3a. and b. Mr. Boyette: Your honor, may I speak. We have been here, this is the fifth time on this matter and I think we have been rather cooperative. At the last meeting it was deferred with the idea that they would cont4at us and see about some additional parking 1 MAR 141974 Sped's. ?hypide y. the First time I have talked to the people was about two Minutes ago, in person. They did call once on the phone. I have looked at this considerably, I have had oppor- tunity to think about this matter more, every time it has been deferred, and I am more convinced that it is an ill conceived and unplanned project. I would like to have you people look at it and think about it in the light, consider what your own planning department has recommended, look at it, think about what you think is beat for the community and forget the person- alities involved on either side of this thing, and vote on this matter today. Mr. Plummer: Well, Mr. Boyette, let me speak for one. I have looked at it, I have physically been down there, I have seen it and I think that the will of this commission has been spoken at previous meetings, and I can tell you what my position was going to be today, that if they didn't get the parking, I was going to personally defer it, and I think after a while they �•'ould have gotten the hint. We are going to defer you until you g.t the parking. Now, that is just my one thinking. I have seen it, I do know of the need in the area for a restaurant, as you do, may- be you might have your points that it is ill conceived, I have not seen the plans of the restaurant itself but all I am saying and I think Father Gibson told him very clearly, we are going to defer. You go find the parking. Now in no way, did I think well, as far as JL or Father Gibson, that he had to do business with you or else -we told him to go find parking. Now if he wanted to do business with you, fine. But I don't think in any way we inferred that he had to and I can tell you this, that as far as J.L. is concerned, I am going to defer until he gets the parking. Now if that takes from now to infinitem, that is what is going to happen so I hope, Mr. Watson, you heard that. Mx. Watson: Yes, sir, I did. Mayor Ferre: I think the picture is very clear. Father Gibson made it very explicit last time Father, you want to add something? Father Gibson: I want, so that we can move the agenda rapidly today, Sir, if on the 28th you comeback here and you don't have those parking spaces, I am not going to vote for anymore defer- ment. i am going to vote to deny because I think it is unfair to the other people to have to come and come and come. I think that you know what we want. All right, I am going to second the motion to defer until the 28th. And on the 28th, we are going to official cut bait. Now I don't know if you know that ghetto language. Mr. Watson: I understand. Mayor Ferre: Call the question. AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. 3, ACCEPT COMPLETED WORK - GENERAL DRAINAGE PROJECT G-1 The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-165 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED MAR 141974 SW D4MoCONFOAATION AT A TOTAL COOT or $eO, R41. SO AND A RISING A PINAL PAYMENT OP $ 9, 059. 75 POR T GENERAL DRAINAGE PRLJECT Gail BY THE CITY MANAGER, AFTER FIRBT DETERMINING THAT THE FUNDS BUDGETED POR THIS PURPOSE ARE AVAILABLE, (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Father Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Planer, Mr. Reboso and Mayor Ferre. NOES: NONE. 4, ACCEPT COMPLETED WORK - INCINERATOR NO, 1- FENCING 1973 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-166 A RESOLUTION ACCEPTING THE COMPLETED WORK OP FENCE MASTERS, INC. FOR THE CONSTRUCTION OF INCINERATOR NO. 1 - FENCING - 1973; AUTHORIZING A $254.00 INCREASE IN THE AMOUNT OF THE CONTRACT: ALLOCATING ADDITIONAL FUNDS IN THE AMOUNT OF $254.00 FROM THE POLLUTION CONTROL AND INCINERATOR FACILITIES ACCOUNT; AND AUTHORIZING FULL AND FINAL PAYMENT TO THE CONTRACTOR IN THE TOTAL AMOUNT OF $3,197.00. (Here follows boyd of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson, and Mayor Ferre. NOES: None. 5, ORDERING RESOLUTION - BAY CREST HIGHWAY IMPROVEMENT H-4373 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-167 A RESOLUTION ORDERING BAY CREST HIGHWAY IMPROVEMENT H--4373; DESIGNATING PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS BAY CREST HIGHWAY IMPROVEMENT DISTRICT H-4373; AND ALLOCATING THE SUM OF $2,000.00 TO COVER THE PRELIMINARY COSTS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon beinglonded by Reverend Gibson, the resolution was passed and adopted by the following vote Ate: Mr. Plummer, Mr. teboso, Reverend Gibson, Mrs. 0Ordon, and Mayor Ferre. NOES: Mane. WASTE COLLECTION LICENSE APPLICATION DISCUSSION ONLY AMERI-CARTING INC. Mayor Ferre: Take up Item #21. Mr. Plummer: Deny. Move to deny. Mayor Ferre: You want to talk on it? Mr. Plummer: Be happy to. Mr. Mayor, this company ope-.7ates directly across the street, boy,I should abstain. Mr. .loyd, this company operates directly across the street from my place of business on Flagler Street, should I abstain or not? Mr. Lloyd: The mere fact that it operates directly across the street from your place of business, unless it directly affects your business, or you have some personal reason for abstaining, you need not necessarily abstain. Mr. Plummer: Well I have a personal reason, and I will tell you Mr. Mayor, the reason for it. This is a C-4 district, and they are taking the perogative of a commercial retail business store and using it for the parking of their trucks on the front of Flagler Street. Now, I don't want to put the people out of business, and I realize this might do it but I don't think they have any right to use Flagler Street for a stacking place for these type of refuse trucks. Mayor Ferre: I tell you what, I don't thin k you have to abstain because of what the attorney said, unless you have an investment in the business. Mr. Plummer: All right, Mr. Mayor, I will move to defer, and let the department, whoever is in charge get in touch with them and express my desire, and if they will correct the sit- uation, then I will move for approval. Mayor Ferre: All right, there is a motion for deferral, is there a second? There is a second (by Father Gibson). The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-168 MOTION TO DEFER UNTIL THE NEXT MEETING THE APPLICATION OF AMERI-CARTING INC. FOR COMMERCIAL WASTE COLLECTION LICENSE PENDING FURTHER INVESTIGATION BY THE APPROPRIATE CITY DEPARTMENTS. Upon being seconded by Reverend Gibson the motion was pass- ed and adopted by the following vote - AYES: Mr. Reboso, Father Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES; None. MAR 14197 ENGAGE PORTER- CITY OF MIAMI INSURANCE COMMITTEE MEETING SEP 30. _ 1973 POR TaANSCPIFT Mr. Plummer: Paul, I would like to know on Item #22 Why the normal prooeedure of a tape recordinj machine is not sufficient. It aeems like to me a little over $800 for dictation, even if it were mandatory, why didn't we use someone within the build- ing? Mr. Andrews: Because we wart to produce a record, We have insurance carriers who are attending these meetings with the committee and that committee is soliciting information. This borders on cases of revealing bidders information so that we can have an intelligent and sound bid and later on we do not want to come back to the commission after the bidding process is all over and then have claims made by various insurance firms that we exposed information that they provided us and it was felt that the most secure way of accomplishing :his was to get an actual recorder and take it and have an actual transcript made of this. Mr. Plummer: Well, I am going to tell you from my own personal reasons. I am going to approve this today, but in the future, I think that they can operate the same way this commission does with a tape recorder that can be transcribed at a later dater - to go on to this kind of additional expense, I personally don't think is necessary, but you have done it, I have made my record clear, I'll move for this to be passed. Mayor Ferre: There is a motion and a second, any further dis- cussion on it? The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-169 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ENGAGING SERVICES OF A REPORTER AT CITY OF MIAMI EMPLOYEES" INSURANCE COMMITTEE MEETING OF SEPTEMBER 30, 1973 AND TRANSCRIPT OF SAID MEETING IN THE TOTAL AMOUNT OF $821.95; AUTHORIZING PAYMENT OF $821.95 TO PEARL FINK, CERTIFIED SHORTHAND REPORTER AND FURTHER AUTHORIZING THE PAYMENT OF $821.95 FROM THE 1973-74 BUDGET CONTINGENT FUND. (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. MAR 1 4 1974 AMEND CHAP 16$$INANC CHANGE LIMIT TO $2 SOO 'OPEN MARKET PURCHASES" Mr. Plummer: Item #25, Mr. Mayor, I will move to deny. 1 think that the charter is very explicit, the reason that the $1000 was put into the charter was for a check and balance system and a► a firm believer.If you watch your checks, your balance will do fine, so I move to deny. Mayor Ferre: Is there a second? Mr. Reboso: I second. Mayor Ferre: Is there further discussion? Mr. Andrews: Mr. Andrews: Yes. Mr. Mayor, Members of the Commissic1, you recognize that by taking this action rather than adopting the ordinance which gives the state administration this attitude that we are handicapping thr City in many ways, because in many instances because of the approach that is needed, it becomes more costly to get the purchase of smaller type com- modity items and many cities have gone to extending even beyond the $4,500 that we are recommending to you for the purchase of items for their governmental agency. I can't stress too much that this means more work in securing the bids, it' means advertising costs, it means preparing bids in such a way that it makes greater difficulty for the vendors to bid some vendors are not submitting bids at all on items. We have to go out and secure the bid without the benefit of formal bids being received from vendors, as the result of our advertising. Mr. Plummer: Mr. City Manager, I appreciate your remarks but under the system that we are presently operating, noone could ever come back and accuse this commission of not being open and fully above board, that when we put out bids, they are open to all people, and I am sure it is going to cost us a few dollars in advertising but I think it is the way this City has operated and I am happy to say scandal free and I want to keep it that way. This is the reason I move to deny it. Mrs. Gordon: How long has it been at this figure? M±..Andrews: Since 1945. Mrs. Gordon: You know, the rates of inflation and what you can buy with a dollar today that you could buy in 1945 is consider- able difference. I think you have to be a little realistic, maybe not in line with the request, but certainly maybe something between the two. Mayor Ferre: Is that a substitute motion you are about to make so that we can move on? Mrs. Gordon: I think that it would be in line with reality to raise this to a mid way point between the request and the amount we have now which would bring it to ...from $1500 which it presently is, You are requesting $4500, Mr. Andrews? Mr. Andrews: Yes. Mrs. Gordon: I would go along without any real hesitation at $2500. Mayor Ferre: Is there a second to the substitute motion? MAR 141974 NAM Ferrel I Certainty' don't think it woulddo anyharm t= �o the 'basic ` checks and balances that CoMmiabioner plu Mer is talking about, he is concerned about the checks and balance, I think he is also concerned about the quantity of $4500. I See nothing wrong with going from $1500 to $2500, personally. Mr Plummer: Mr. Mayor are you seconding Mrs. Gordon's motion? Mayor Ferre: Iwill if nobody else does. Mr. Plummer: I still am very strong in my position, I think it was put there for very logical reason and I am not going to lobby any further. Mayor Ferre: Ok, I will second the substitute motion. Mr. Reboso: We have a motion and a second, will you please call the role. A MOTION TO AMEND CHAPTER 16. EN- TITLED "FINANCE" OF THE CODE OF THE CITY OF MIAMI BY AMENDING PARAGRAPH (a) OF SECTION 16-25 OF THE CITY OF MIAMI CODE ENTITLED "OPEN MARKET PUR- CHASES" AND SUBSTITUTING A NEW LIMIT ON PURCHASES; was introduced by Mrs. Gordon, seconded by Mayor Ferre and passed by the following vote: AYES: Mayor Ferre, Reverend Gibson and Mrs. Gordon. NOES: Mr. Plummer, Mr. Reboso. Mr. Lloyd: Now then, all you have actually done is make a motion which is a substitute motion to pass an ordinance amending chapter 16 but with a new figure so now, what you are going to have to do is.... The proposed ordinance was an emergency measure. Now you only have a three fifths vote, you need a four fifths vote to pass it as an emergency measure. If you wish to pass an ordinance in this fashion, we have to inter- lineate. Mayor Ferre: I don't see any reason why this has to be an emergency measure, what is the big hurry about it? Mr. Plummer: I don't see the emergency basis on it. Mr. Andrews: Only that it was brought up at a previous com- mission meeting and you wanted additional information and rather than delay it any longer, it was felt that by treating this as an emergency , if the commission concurred we could dispense with the matter today. If the commission's attitude is.... Mayor Ferre: Mr. Andrews, with all due respects to you administration, I certainly hope that we treat the word deliberately. The word emergency means just that. Now would explain to us what the emergency is, then perhaps commission might. and the emergency if you this Mr. Andrews: Any delays that are caused in this force us when we go out for bidding to continue to use the process under $1500. Mayor Ferret 'Th i s not an eteergendy, M. Andrews, you have been living with this spite n since 1945, and it is 1974. Mr. Pluitmler: Mr. Mayor, since you took the opportunity of lobbying Father Gibaon, X would only now like to bring to his attention one point that you didn't in your lobbying. Father, I want you to be aware of something that you just voted on that unfortunately X didn't remember and the Mayor didn't tell you. Under this increased price now. This now will take away the process up to $2500 of formal advertising and formal bidding. Ok? I just want you to know that for the record, that that is also what is involved. Mayor Ferres r would like to, since you mentioned my name, JL, and this is all in good faith that we are talking about. Let me tell you, I am in a business where we purchase a lot of differnt materials and things every year and 10 years ago we used to have a limitation for our vice-president- he hai to get approval for anything in access of $5000, and now Iva can go up to $10,000. The reason is that ten years ago if you were to buy tires, it cost, it now costs 30%-40% more than it did ten years ago, so that what we are doing in effect, is we are giving him more or less the same authority that he had. Now in 1945 you take anything that was a dollar... I would challenge anybody to tell me that anything that was worth $1000, $1000 worth of bread, of eggs, of tires, of paper, of anything, to tell me that it isn't worth at least twice as much in 1974, so all I am saying out of all of this is that we are maintain- ing the intent that was considered back in 1945. I would have voted against $4500, but moving it from $1500 to $2500, I think maintains the spirit of what was intended in 1945. Mrs. Gordon: I have to say, I comment and agree with you, Mr. Mayor, because even chewing gum which was a nickel a pack in 1945 is 10 now. To say that we shouldn't permit anything to be done without bids, then we shouldn't permit anything, including the $1500 to be available without bid. So basing that as a complete reality that we do permit $1500 then by permitting the $2500 we certainly are not permitting any transgressions to appear. Mayor Ferre: I tell you, I surely do not want anybody to think that I am lobbying anybody.` If anybody wants to reconsider their vote, I will vote with you right now. Mr. Plummer: No, Mr. Mayor, I apologize for the terminology, I should have said you were informing him, and I apologize. Mayor Ferre: I will change my vote right now if anybody feels that they haven't been properly informed .... Reverend Gibson: Mr. Mayor, let me ask this, if we find out that the Manager is abusing this priviledge, all we have to do is, come right back here and do the same thing that we did this morning, isn't that right? Mrs. Gordon: Yes. Mayor Ferre: That is correct. Reverend Gibson: All right, good enough. I just hope he got that message, and I'm not going to be debating when I find out either. Mrs. Gordon: I want to say something in defense of the Manager, I don't think that he has ever abused anything. MAR 141974 t. PluMMert M Mayor, l think that's not the inference, Mr. MAW, , that anyone drew from my comments, that there was any inference that the ,City Manager was doing anything wrong. I think that that protection was built into the charter for a pur- pose, and f Merely mowed that in defense of the Charter, and I still feel, but I have lost... Mr. Andrews: Mr. Mayor and Members of the Commission, I suggest then that you pass. this on first reading with the adjustment that you are recommending and we will put it back for the second reading at the next meeting. Mayor Ferre: I really think Paul, and this is important. If it is not really an emergency we should safeguard that provision in the charter for things that are really an emergency. Two weeks isn't going to make any difference. Mr. Andrews: It's not a Charter Provision, it's an ordinance. Mr. Plummer: Let me ask a question, right here and now. Mr. Lloyd, I sent you a memo which I don't know if you have received, but I want it a matter of record right now, as the City is recip- ient of Federal Grants and Funds, isn't it the case that those monies• have to be dispersed in the same manner and under the same provisions as if they were regular funds of this City? I think it is a legal question. Mr. Lloyd: Yes, it is a legal question. We have your memo which we received yesterday. My opinion at this time is that is in the affirmative. We will have a definite opinion on that either confirming that or substituting something else there with it, as a quick study of it, yes, I am inclined to render an opinion that yes, the City receives these funds, they then become City funds and they should be dispersed according to the Charter and Ordinances of the City of Miami. Mr. Plummer: Then if a, before today's reading, or the second reading of this ordinance, if a Federal monies were used to buy something in access of $1500 that was not put out for bid, itl was an illegal proceedure, is that correct? Mr. Lloyd: Yes, It would have been .... Let me phrase it this way. I have not had the definite opportunity to study this matter thoroughly and I would -a! this is my preliminary opinion, and I would like to have the opportunity to study the matter thoroughly and present a definite written opinion. Mr. Plummer: You have that opportunity sir. Very fine, thank you sir. Mr. Lloyd: We're not bound by this one. Mr. Plummer: What you put in writing is what you are bound by. Mayor Ferre: Mr. Lloyd, as I understand it, we passed a sub- stitute motion, now we have to pass the ordinance ---- Mr. Lloyd: We just simply passed the ordinance, I will read the title of the ordinance on first reading. Mayor Ferre: Will you do so. kh Otiiihahlte entitle AN ORDINANCE AMENDING CHAPTER 16 EN.. TITLED "FINANCE" OP THE CODE OP THE CITY OF MIAMI BY AMENDING PARAGRAPH (a) OF SECTION 16..25 OF THE CITY OF MIAMI CODE ENTITLED "OPEN MARKET PUR- CHASES" AND SUBSTITUTING A NEW LIMIT ON ON PURCHASES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION: was introduced by Mrs. Gordon, seconded by Father Gibson and passed on its first reading by title by the following vote - AYES: Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: Mr. Reboso and Mr. Plummer. Mr. Lloyd: Now, let me state for the record that the Commission- ers have received copies of this ordinance, the original ordinance had another figure. We have interlineated the figure of $2500 and all commissioners are invited to take notice of that, and of course, we have removed the provisions regarding the emergency from the ordinance. 9, PERSONAL APPEARANCE - DR, BEN SHEPPARD REGARDING DRUG REHABILITATION CENTERS IN RESIDENTIAL AREAS Dr. Sheppard: I think you all have a copy of the planning board's recommendations. I would 13ke to concur in what the planning board and the advisory board, the advisory committee to the planning and zoning board as far as therapeutic or rehabilitation centers go in residential areas. I would like to make two additional recommendations, or one primarily, and that is that all new programs must come through the City Managers to us. The second being that no two programs of the like character should be within say a 5 block radius. In other words, if there is a therapeutic in -patient rehabilitation center on one block, and has been established there, a therapeutic rehabilitation center of the same type should not be within close proximity, I would put a five block radius, let's say, because the two residential centers in close proximity will certainly destroy any realestate or any values in that area. Mayor Ferre: Dr. Sheppard, don't we have a precedent in that with gasoline stations and with bars near churches? Isn't there that requirement? Isn't there a distance requirement? Mr. Plummer: 1500 feet and 2500 feet, but Mr. Mayor, let me tell you for your edification, tell you that the courts have struck those down pretty good. Today the footage laws that pertain to a bar and a filling station are not as defensible, I would rather the City Attorney tell you that. I think, Dr. Sheppard, if I amay and to the Mayor, I think that can be handled much easier under your first proposal that it be strictly a conditional use, that this commission must approve or dial - approve and we can keep in mind at all times the 5 block require- ment or more under a conditional use because whence we grant under a conditiori use, if those conditions are not met or broken, it then immediately subjects the applicant for a com- plete removal of their conditional use, so I think that the footage requirement could be covered under the conditional use. i u MAR 141974 Dr. Sheppard: At only thing 1 worry about is the fact that people hay buy property and set up things and then. Mr. Plummer: Well, Doctor, let me say this, you are Correct, this does happen but anyone who goes and expends any funds before they core before this commission for conditional use, they do it on their own. Now we know a case in point, but that is the very reason that the case in point is in court. Because they did that. They went and opened up before they got a conditional use or even if they could, and then they now are on the hook because they have been told that they are illegal. But had they come before this commission, we would readily told them no, and they would not have spent any funds. We have to hope that everybody will comply with the law. Dr. Sheppard: I'm thinking of that very ingenious proceedure of how they got around the school board provision of opening alcoholic --places of alc oholic beverages, where they Lot only measured vertically, but longitudinally and came up with the required the required 2500 feet in the Coral Gables Athletic Club. I think the very adept maneuvering, they counted the streets and then they counted the footage up, vertically. Mr. Plummer: Dr. I hate to tell you, but our particular ordinance is worse because it says "a man would walk under normal pedestrian, what is the terminology? "Pedestrian, door-to-door, in other words, you can't tak from one door straight over to the other door. It is how the man would walk from that door straight out to the street, on the sidewalk and on up to the other door. I personally think that there is enough built in protection in the conditional use, which would cover what you are trying to get at. Mr. Mayor, if you are ready for this ordinance, I would once again like to make my comments. I am in complete accord of the recommendations of the planning department with the ex- ception of R-1 or single family residence. I feel very strongly, that nothing and I say nothing, belongs in an R-1 district ex- cept single family homes. Mayor Ferre: Why don't you make a motion, Mr. Plummer. Mr. Plummer: Mr. Mayor, I will make a motion that we accept in full, the recommendations of the planning Department exclud- ing, as it relates to an R-1 district. Mr. Acton: Mr. Mayor, may I interrupt for a second. This legislation is being heard by the Planning Advisory Board and I am sure they will discuss that particular point. It will be coming from the Planning Advisory Board to the Commission for their final determination. What I am saying, is the legislation is not before the City Commission, and I think it would be in- appropriate to pass a motion on it. Mayor Ferre: You made your point. The point is that we have a Planning Board... Mr. Plummer: Why was it here before, George? This came to us a few weeks ago. Mr. Acton: You referred it back to the Planning Board. Mayor Ferre: We referred it back to the Planning Board. Mr. Plummer: Well then, refresh my memory, why did we refer it back, for what? We always give a reason when we refer something back. What was the reason? It c to t:. It he ordinance requires that you refer it back Ito a hearing before the Planning Advisory Board. Mr. Plummer: Are you telling me then that what we had before was just a report? Mr. Acton: Yea, sir. Mr. Plummer: Sir, I stand corrected. Mayor Ferre: All right, then there is no need for a motion. You withdraw your motion? Mr. Plummer: Surely. Mayor Ferre: All right, Dr. Sheppard. Thank you. 10. ARCHITECT AND S.R.I. PROGRESS REPORT MODERN MIAMI POLICE_FACILITIES Mr. Pancoast: Good morning. Mr. Plummer: Before you start, are you aware of the memo which I sent to the City Manager? Mr. Pancoast. Yes, sir. I am. Mr. Plummer: You are aware of the answers? Mr. Pancoast: yes, sir, I am. Mr. Plummer: Ok, fine. Paul, did you convey to him an answer which, or a question which I did not put in writing? Lester. I had requested of the City Manager, in addition to this, an answer from you, and you might want to address yourself to that in your presentation, as to what the minimum figure, minimum, bare minimum that this facility could be built for. Ok. Mr. Andrews: Yes, I did discuss that. Mayor Ferre: Mr. Pancoast, do you have a presentation you want to make here, this morning, or are we going to be asking questions? Mr. Pancoast: Well, I can proceed in response to the questions I have already been given. Mayor Ferre: I would appreciate it if we would do that, and if all members of the Commission would hold back until Mr. Pancoast is finished, then we will ask him some questions. Proceed, Mr. Pancoast. Mr. Pancoast: Thank you. Mr. Mayor and Members of the Commission, I have with me now, a final cost forecast from Mr. J.A. Condon and Associates. As costs per square foot can be very misleading figures, difficult comparisons to make. I would, for the record, like to supply the following final unit figures. They are slightly different than the ones we used before. Very slightly different, however. The building alone costs $6,783,918.00 divided by its square footage of 137,700 square feet. We come out with a building alone cost per square foot of $49.27. These figures are also written on a card beneath my podium here if you wish too if you can see them from where you sit. Mr. Plummer: Put it out here, if you will where we can all see it.,. 12 MAR 14197. Mr. Panooasts A fi ' re we used at our lattee night s . w '� g preent ation last Thursday was a figure of all construction, including an extensive amount of site work required for this project, That figure was $7,322,581.00 divided by the same ,square footage of the building giving a cost per square foot of the entire prow ject of $53.18. I think it is am important distinction because if we are talking about building alone, we are talking about $49.27. I have a statement for the record that 1 would like to make for all of the architects involved on the project. Mr. Andrews: Excuse me for interrupting you, but I don't think you better let the figure of $49.27 at this juncture stand alone. You'd better explain to the Commission so they don't have a fixed opinion about what that means, you had better relate it to the future cost, a point of time. It is not today. If we were going to build the building today, that figure would not be $49.27, it would be less than that. Mayor Ferre: Why don't you clarify that because I think that is an important point. Mr. Pancoast: I think it is too. I think that the phrase pre- liminary forecast, however, sheds a lot of light on the figure. That is what we now believe, with our best intelligence that the building will cost at the time the contractors are bidding it. And they, of course, bid it for when they will be buying, and exactly when they buy different materials is in a range of time, so we are not.... Mayor Ferre: When is that, is that a year, three years from now? Mr. Pancoast: This is based on pricing that centers around last January and talks about 10% inflation to next January, so we're taking the area we think is most sensible for the project- ion, for the forecast of the cost. Mayor Ferre: Are you telling us that if you were building this today it would be 10% less than that, is that what you are say- ing? Mr. Pancoast: Yes, I am saying that. Mr. Plummer: Ten percent less than that. al today. Mr. Pancoast: we had bid it Mayor Ferre: right? If you got your approv- Well, excuse me, I just said last January. If last January it would have been 10% less. By last January you mean 45 days ago, is that Mr. Pancoast: Yes. That's right. Mr. Plummer: Conceivably, if you were given approval today, when would this go out for bids? Mr. Pancoast: It would go out for bid October. next fall, probably in Mr. Plummer: So this is in fact, is a realistic figure? Mr. Pancoast: Yes. Mr. Plummer: All right. Let's not use any devious method of 10% off. This is a real figure. Even if you got your approval today, you can forget about that 10% factor because it's not 13 s going to ill': play. Mro Panooasts That's right. The entire basis of the figure is described extensively in this document and it becomes a very important document because we are not just throwing a figure at you, we are documenting it with every conceivable thought that went into the making of it. 1 don't think you want me to read it now, but .. Would you like me to read it now? Mr. Plummer: I did. Mr. Pancoast: oh, you did. Mr. Andrews: But Mr. Mayor, and Members of the Commission, the important point here that we are missing and that is that if we were prepared to receive bids today, it could be construed that we could get the building at approximately $44 or :45. That would bo the anticipated bid. They have done their home- work so thoroughly and through a separate estimator bared on advanced time that they are giving you a realistic figure. As to what it is going to cost.... Mayor Ferre: A11 right, I think we have all seen that now, Mr. Andrews. Let me ask --we said we were not going to ask you any questions, so you go ahead and finish and I will write my quest- ion down, and I will come back to you. Mr. Pancoasts The statement that the architects would like to Make is this. The architects wish to categorically affirm that the design of the proposed Miami Police Department Headquarters was evolved in response to perimeters supplied by Stanford Research Institute's building program of April, 1973. That the program and its perimeters were verified by the architects in extensive work with the Police Department, that the building's design represents efficient solutions to special and complex functional requirements within generally understood quality standards for public structures and common sense in regional design and economy of operation. Obviously, there is a smaller figure for construction where some of these items included in this statement can be dropped, or cheated upon, or side stepped. But only for now, not for later on. We would be under extreme endictment in the future, if we were to shortchange a public building and design it for short life and not give it all of the qualities that are generally understood among the profession and among the cities of this country. So we have met what those standards are and we can do no less. The form of the building is unusual. It is not simply a box. It results from three floors demanding different collections of facilities than the other floors. In other words, the form is not arbitrary. When we started to design this building, the members of the Police Department with whom we were working asked us informally what would it look like. And we answered them, don't let us tell you arbitrarily what it's going to look like, let's design it and find out what it has to be, and what it wants to be, and then we will all know what it looks like. So we reviewed this design with a certain amount of astonishment ourselves. It comes from what it wants to be, and what it has to be aside from brilliant, imaginative flight that people sometimes think that architects go through. It results also from using the top floor as a hat. It is wise in this climate to wear a hat and it is wise for buildings to do so also. The results from our belief that a solid cube is an introverted form, that we simply cannot get away with a cube with a mousehole entrance at the bottom. It results from an urge to overhang the glass in the West entrances. The rendering looks very dramatic, perhaps we should have imp ressed you with a duller view of the building, and there are some. The sculptural aspects of the building are most fully revealed by this drawing because we thought that's what would be most understood. The form also results from re' sating to the diagonals implied by the preliminary designs implied by the Government Center, itself. The 450 forms that are in- volved in this building are hot arbitrary. They don't come from no where. They come from receiving the actions from various axis and views of the Government Center. The materials them- selves Mayor Ferrer Excuse me, Lester. Senator Pepper, why don't you sit up here where you can keep an eye on what is going on a little closer. We are honored to have you in our presence. Mr. Pancoast: The materials themselves are economically motivat- ed. The precast sides of the building are commonly agreed upon economical way of getting long term wear and build in wmnings. The tile that T showed you at the meeting last week is color and personality which does not need periodic refinishing. With the exception of the art work required by law, all other select- ions ---introverted building. We think that a Police Headquarters cannot be an introverted building andperhaps beyond many other kinds of public buildings, they must not be introverted buildings. If the word show place applies at all to this building at all, it is only in the sense that this is the place which shows its im- portance to the public. Mr. Mayor, I think that concludes my presentation although we have a great number of interesting cost comparisons, most of which are before you. One of which, is not before you and I would like to cover it briefly. Mayor Ferre: Didn't we have some figures behind this one you wanted... I noticed some other figures, what are they? Mr. Pancoast: All right, that is the board that I am about to use. We were 'sent a clipping from a magazine, of a very inter- esting public building in Greensboro, North Carolina. The build- ing appears to be fascinating, well designed public structure. In the article it troubled us very much to find out it was built for $26.00 a square foot, and this troubled us very much because we thought it can't be that much more to build a building in Miami than in Greensboro. Mayor Ferre: Is that the one I sent you? Mr. Pancoast: Yes, it is. The City Manager of Greensboro was kind enough to tell us that this building was built, was bid four years ago. The architect, Eduardo Cotellano, was kind enough to tell us what the building contained and we then went to the trouble to get the Beck Cost Indexes and bring the building cost up to date in Miami, for next year, not now, but for next year. Under those circumstances, their building here, next year would have cost $57.00 a square foot without site work, so in fact, our building turns out to be 14% more efficient in Greensboro, North Carolina. We were much more comfortable after having gone through this exercise and we hope that you will be too. Mr. Plummer: Mr. Pancoast, you didn't answer in your present- ation the question that I had previously asked. For a building of 137,000 square feet, what is the minimum cost you could have built that building for under today's or January's '75 forecast? Mr. Pancoast; I don't think I could answer that question with- out designing such a building. Now I think the question is how minimum is minimum, and there is no answer to that question. MAR 141974 If you are talkIlk about a building, you are not talking about a minimum. You can't be, there it no way to answer the question. Mr. Andrews: Well there is a way to answer the question which Will help the commission, and particularly Commissioner Plwnnter, in that you ought to use the air conditioning and treatment of the building as far as air conditioning, in that there are added architectural costs to the basic building, when you consider how they have treated the exterior of the building, to try to hold down the cost of ail. conditioning and future operational costs, and I think that serves as at least an illustration of what Com- missioner Plummer is trying to get at. Mayor Ferre: Let me ask you this question. I sat on this com- mission one time when I think you were involved in the design for a recreation building. Mr. Pancoast: That's right. Mayor Ferre: Do you remember the problems we went through and back and forth about an estimation of prices and we were off on the prices, and we really went through a difficult time. Now, are you trying to avoid going througn that again by.... Mr. Pancoast: Of course. I am. Let me speak to that. Mayor Ferre: In other words, what I am asking you is this. Are you maybe going a little bit, are you being so meticulous and so thorough that you are coming up with a figure that might be slightly exaggerated so that when it does come in $3 under you might, I don't mean to imply that last time you weren't very thorough, .but that you know, we went over a little bit. Mr. Pancoast: I would like to address that point because it has come up several times. The bidding of the Edison Park Teen Center occured in a period when the County also bid some Police Facilities, and as you will notice from your cost comparison information, those came in at $90 and $95 a square foot. Those were small facilities, as was the teen center. We couldn't get any bidders to bid it. We went out three times for bids, finally on the third time we came in with two, or was it three bids, and we decided to choose one. This was a case of run away inflation or desire of contractors not to build small projects of that kind at that time. There is no way an archi- tect can control the climate of bidding, and this estimate is made with full warning to the Commission that there is no way that we can control the climate of bidding when this building comes in. If you think I am side stepping total responsibility, you are absolutely right. Because we cannot guarantee what the economics of this country will do, and we can't stand here and say we guarantee this price. If we did, we would be very very fool hardy people and I am sure none of you in your own minds would do so either. I would like to read a phrase from the cost forecast itself, these are the words of Mr. Condon. The figure you see there on the board before you, is not my figure, it is Mr. Condon's figure, and it is derived from what we have done. What we have done has also reflected from what he has told us, and our work was very carefully balanced by an outsider, if you want to put it that way. He is a tough person- ality, and he won't be pushed around. Let me say what Mr. Condon has said in this Paragraph; "In accordance with the above data received, and the limit- ations set forth herein, it is our opinion that a fair price for the owner to pay a general contractor is $7,322,500.81. At this stage of development, we believe this price is accurate. We believe this price is accurate within a +3% and-10% range. 16 That is, the low id could be 3% over to 10% under our foreoaat in price. The p©eaibiiity of a 10% lower bid is that inflation may cease to exist or a deflation could take place." Mr. Plummer: That is optomistic. Mr. Pancoast: It is and he is in a sense, saying that is optimistic. Mr. Plummer: The only thing going down is the value of the dollar. Mr. Pancoast: Mr. Plummer, I tend to agree with you, but I am not making this forecast, he is, so all I can say is please put in some more padding and he said, I can't. I have to esti- mate on a certain basis of rules of price forecasting, and I have to stick to those. It is about 8 months before bids will be received, and a lot of change can take place in the preLent un- stable economic markets. Mr. Plummer: All right, Lester, let me ask you a question. You made a statement before, which I disagree with, by the way. I think you as an architect, or any man in your field has to have a general idea, and I am not pinpointing you to the dollar, that this facility and this square footage could be, if you want, 10% less than what you've got proposed here, or 20%. Now I grant you on the other way, on the up swing, there is no limit. A man can put as many frills as he want on a building. Now the only factor that I could use, every thing in life is revelant. Meas- uring one thing against another. The only factor that I could use is a building which is being constructed on Flagler Street. All right? Mr. Pancoast: By a developer, Mr. Plummer? Mr. Plummer: Correct, sir. This is a building, and the devel- oper is pretty well known in that he puts together some pretty nice buildings,; so I called this gentleman, and I asked him, how much is it costing you to build this building on a square foot basis? His answer was $28 to $30 a square foot. Now I realize that a police station has to have some particular pecularities unto itself, but I question that we can afford on behalf of the taxpayers, this amount of money. Now I have asked the question there, but let me go on, and since the City doesn't have, I want to put him on record. You know this thing when it went out in a bond issue, this was a complete total package to the public. $20,000,000.00 for the modernization of the Miami Police Department. Now I very vividly recall certain things, or certain statments made of what that $20,000,000.00 package hoped to achieve. As the figures I see today, pretty much, that $20,000,000.00 package is going to be eaten up with a building and with computers. Now, I might be out of the ball park, and if I am,somebody stop me along the way. But what I would like now, for the record, is the City Manager to tell us once again, what was included in that $20,000,000.00 package, and let's be more specific, the things and the items that the people voted on. which now are not going to be included because of the cost of the building and computer. That's what I am getting at Lester, and please, in no way am I reflecting badly on you as an archi- tect. I have to sit here, and am charged with a responsibility that the people mandated this, the people said, we are willing to put our money where our mouth is, but it is my responsibility and I think everyone sitting up here, to see #1 that we are providing a facility of which the people can afford and #2 that we get a full dollar for a dollar. Now I know, Mr. Manager that there were other proposals in that $20,000,000.00, which 17 now suddenly.....,shouldn't say suddenly, but now are not included. New, would yOu please, because the thing you gave me here this Morning which was used to sell the bond issue was not included. What else was included in that bond issue? proposed? Mayor Ferret Mr. Andrews. Mr. Andrews: Mr. Mayor, and Members of the Commission, in anticipation that the commission might request this information, I went over the kinds of information that we had supplied to the public including relistening to the bond presentation, slide presentation with its dialog that was made over three years ago because this was used at various civic organizations and various places throughout the city, and -- all of the literature, and some of which I am sending for from my office, which can be brought down here. I don"t have the dialog of that film here, but I can relate to the commission, that in essence the present- ations were on the basis of a new building facility, n*w modern communications technique, whereby reporting of crimes :nd inci- dences in the City would not be handled the old way and this was described very carefully as to how it is handled now in the Police Department and the computers were very very heavily stress- ed as to how they would speed up the response time and the avail- ability of information to the police officer, the various hard- ware that would be made available to the police officer, and the Police Department in general, such as digital computers which would produce information for the officer in the car which would be read-out material. It indicated that helicopter service would become available through this bond issue, or possibly be made available through the bond issue, and those were the areas that were stressed. The area that was mainly stressed was the time element insofar as the public communicating with the Police Department and the Police Department thenresponding to that communication and having Police Officers available to the public. The only area at this time that I can see from everything that I have reviewed that is not specifically cover- ed in description of the $20,000,000.00 as to how it will be spent is the helicopters. It does not mean that we are not interested in trying to secure helicopters for the Police Depart- ment, we have found, and I would let the chief discuss that with you more thoroughly, or Stanford Research Institute discuss that more thoroughly, we've found that this has got to be a very expensive matter and while we still have not ruled it out, it is not under consideration as far as the $20,000,000.00 is concerned. Mr. Plummer: All right, let me ask another question. And I guess this would have to be of Stanford Research. The Automatic Vehicle Locator, would you come up here, sir? In the proposal that you made to this commission some two weeks ago, you allocated or escrowed, if I may use the terminology, a certain portion of that money for this system, if it became perfected, is that correct? Unidentified Representative of S.R.I.: That is correct, sir. Mr. Plummer: And what was that figure? S.R.I. Representative: There is $600,000.00 escrowed, as you said, the estimates for a Vehicle Locator System ran between, a little over a million dollars to almost two million dollars. Mr. Plummer: Ok, so we are talking about a million and a half to two million dollars, is that correct? And that is really what has been escrowed for the system? S.R.I. Representative: No, sir. There is not sufficient money, 40 nor • are Vehiclecator Systems sufficiently far along in their techrAological development to definitely recommend them. There is $6001000 of the $20,000,000 that is not as yet allocated. Mr. Plummer:. But you are telling me that if it is perfected, we can't afford it for the $600,000. So why use the $600,000 figure? Mr. Andrews: Sec ause the City also has a matching grant appli- cation which we are hoping to get approved and working with the Metro Transit Authority and the Miami Police Department ae a joint venture, it then becomes a community project, not a one city project. We are hoping to get Federal Funds to initiate a new kind of Vehicle Locator System that we hope we can put into effect, Mr. Plummer: Well, if that is a cooperative effort, that is the smartest thing I have heard yet. Lester, I would just get back to my main point. I truly believe that this is the mc.,t gorgeous building. It is a pilot model, and unfortunately with pilots, you have nothing to judge really and truthfully by, but I person- ally think that this building is a little bit more than what the people can afford. That is just one man's thinking, and un- fortunately, it would be very difficult for me to say, or to set a figure as to what the people could afford. I have to keep in the back of my mind that the chief has requested of this commis- sion an entrim budget and I'm going to tell you something. To m., I am more interested today in that entrim budget which the chief has stipulated that this is what is needed by his department, some $1,100,000.00 to bring it up to minimal, you know we can have all kinds of beautiful buildings, but if we don't have the manpower and the personnel3, the buildings mean nothing. Now if we cut this building down $10 a square foot, we could take one million dollars --- That $1,100,000 by the way, is only for six months. We could take and cut this down $10 a square foot, we could give the chief his million dollars which he says he needs today, to bring his force up to minimal standards. I am sorry, I should not be addressing this to you because that is an architectural problem, but it is my problem, and it is a real problem, and it is something that I think this Commission has to address itself to immediately. And I am looking, as I looked for $756,000 when that man told me he needed it, I did every- thing to get it. And he tells me now he needs a million, one to bring up to_minimum standards, you can bet your sweet bananas that JL is going to look for it, so I want my thoughts known. Mayor Ferre; All right, is there anybody else on the Commission that wants to ask a question or make a statement? Mr. Andrews: Mr. Mayor and Members of the Commission, I didn't want to interrupt you in case any memo ar of the Commission wanted to speak, but I would like to address my comments to Commissioner Plummer so that there is no mis-understanding in his mind about the use of funds even if they were found through some other architectural process and a savings could be achieved through that manner, that those monies could not be used in the programs that the chief has presented to the Commission which amount to the $1.1 million for 6 months period of time. Mayor Ferre: I think we all understand that, Mr. Andrews, I think Commissioner Plummer's misgivings are a philosophical one about the allocation and usage of money, as to whether it should go into a building or it should go into the Police Department for... I think we all recognize that you can't take bond money and transfer it and use it for operations, we all know that. Mr. Plummer: Lester, let me ask another question. The proposal 1" MAR 141974 01 the parking garage, you say that is not involved in thin Venture. Mr. Pancoast: That is correct. The design and conception of it is involved. The accomplishment of it is not involved. Mr. Plumtaer: And no monies are allocated at this time for the parking structure. Mr. Pancoast: No, the structures have been estimated and the figures supplied to the City Manager for future budgeting pro- blems... Mr. Plummer: I'm just scared to ask, how much for the parking structure? Mr. Andrews: I don't remember the figure, Mr. Pancoast will have•to tell us. Mr. Plummer: All right, let me ask one other question, Lester. The big building in the center is proposed for what? Mr. Pancoast: The tall building on the model is strictly speaking not a proposed building. It is a possible future City Hall, now we don't know whether there will be a City Hall there or not, but until the City uses it for that purpose or some other, that property will be used for on -site parking, on grade parking, rather. Mr. Plummer: Lester, are you aware that the people of this City have twice turned down in a bond issue a City Hall? Mr. Pancoast: Yes. Yes, I am and I realize that it may never be used for a City Hall. Mr. Andrews: This was just to demonstrate the flexibility of the site. Mr. Pancoast: We are trying to use urban land in' an urban way without spending more money than we have to spend at this time. Mayor Ferre: All right, are there other members that would like to ask questions or make a statement? Mrs. Gordon: Yes, because so far I have heard a lot of rhetoric and I haven't heard any suggestions for anything that would make it any different than it is and I want to say that I believe this is a beautiful building not only from the standpoint of how it appears but from the standpoint of how it will serve the needs that it is being built for, and I don't believe in being penny-wise and dollar -foolish and I think this building is being created to last for a longer time than a building that . would be created for half its cost, or whatever, so I think that we ought to move and move along because the longer we delay, the more the costs are going to go up. These are the facts of life, and we have to decide now whether we are going to have a build- ing or not going to have a building and stop procrastinating. So as far as I am concerned, I am ready to move these resolutions, and I will move resolution #1 Mayor Ferre: Now wait a moment, Mrs. 3ordon, we are all as anxious as you are and r and Commissioner Plummer doesn't need anyone to defend him, but we are all here discussing this and he has some very valid points and you have valid points, and there are other members of the Commission that have not been heard, I haven't been heard, so if you would just hold off your MAR 14197 motion for a molt, we will get to it in just a Minute. boas ComMisoioner R boeo or Gibson want to make any statement or ask any questions? Reverend Gibson: Mr. Mayor, I expressed myself at the last meet- ing and 1 thought I was pretty clear. 1 think everybody knows where I stand. Mr. Peboso: Mr. Mayor, I am satisfied witht the project and I am ready to vote on it. Mayor Ferre: All right, well, here is the way I feel about it. Back in 1970, June, the voters of Miami were asked to vote on $129,000,000 of bonds. Now many of you were on that committee, you worked hard, Mr. Alvah Chapman and Bill Colson were co-chair- men of that committee. Steve Clark was the Mayor. This whole community worked hard to pass those $129,000,000 worth of bond issues. Let me.tell you, as you all remember, the $18,.'65,000 Sports and Convention Center was voted down by the people of Miami, and the $10,560,000 City Hall was voted down by the people of Miami, and yet, Item #10 which said Police Headquarters and Crime prevention facility $20,000,000 was overwhelmingly voted for by the people of Miami. Now, I think there was a message in all of that. I think the message was that this was a selected process by the electorate of Miami which discriminately went around choosing and recognizing and turning some things down and vot- ing in favor of others. Now the fact that that $20,000,000 Crime Prevention Facility was voted on by the people was because they were conscious of the terrible blight that crime is on the community. I would like to read from that brochure that was passed around this community. It says, "Police Headquarters and Crime Prevention Facilities $20,000,000. Crime is increasing in Miami as it is elsewhere. The Miami Police Department is fighting today's crime with yesterday's tools. Bringing Miami's Crime Prevention Facilities up to the needs'of the 1970's re- quires a new headquarters and modern crime fighting equipment. A computerized system will result in quicker response to your needs. Your vote for demands progress in the fight against crime." Now that was the main selling paragraph on that part- icular item #10, and I would like to point out that the three key thoughts here are New Headquarters, Modern Crime Fighting Equipment, and Computerized systems. Now out of that $20,000,000 as I understand it, the building is going to cost approximately $7,000,000, now I well recognize that there are a lot of pro- jects that S.R.I. has that may or may not become a reality. Some of these are frankly pie -in -the -sky dreams that have never been done anywhere in the world. Senator, there are some of these computers that for example will give instant communication on, and will be hooked up with Tallahassee and Washington, and we will get quicker response on files of criminals, so that when they are apprehended, they are not let go. Now we have had cases here in Miami where a criminal has been apprehended for a speeding ticket, and they can't keep the man, they let him go and half an hour later we find out that the man was wanted for murder or something in some other state. Now we have had situations like that where we need quicker response. The Stan- ford Research Institute has been addressing itself. Now this system of knowing where all vehicles are at all times may be pie -in -the -sky, and it may not work out, but if the Federal Government wants to give us a grant for that and we can match it, it might be something that we should seriously consider. By voting today on this, I do not think that we are totally or finally committed to that type of an electronic system, but it certainly does mean that we are heading in that direction, and that is the direction that I think the people wanted us to head when we voted in 1970. We are fortunate to have Senator Pepper -- 21 110 here with us, certainly, there is no man who had been More dedicated over the years to fighting crime than has Senator Pepper. This is but a small, but significant tool that this cbnnttunity, the City of Miami voted for No that we can progress in having Modern techniques in fighting crime. Now this is not a panacea, there is no such instrument building, Computer or otherwise that is going to solve all the problems of crime in the street. There is no question that Commissioner Plummer is 100% right in saying that the emphasis has got to be put on the working budget, cause that is really where the answers really are. But I nevertheless feel that we have to try, at least try to improve by using modern equipment, and certainly those of us that are in industry and business world have tried and sometimes failed with computers and with modern techniques, but nobody can deny that even though ve pay our workers in this country four or five times what a country like Japan would pay, and two or three times, sometimes what European Industrialized Countries can pay yet, many and many items we have been able to compete, and we have been able to compete because of efficiency in our industry and American Industrial ingenuity, and that i:: really what this is all about, and I think it is a step in the right direction. That does not mean that I agree with Commissioner Plummer that we are going to have to perhaps try to cut this dawn somewhat, and keep a tighter control on it, and I certain- ly think it is time for us to progress. Mrs. Gordon: Mr. Mayor, are you ready for your motion? Mr. Plummer: Before you make a motion, Rose. I am not trying to jump you on it. Mr. Mayor, the only real question that I am asking you here today is this is no more today than accept- ing the schematic, which I will vote for. The only question that I am raising is, in fact, should we consider sending this back, as it says, to the drawing boards for consideration, of let's say $45 maximum a square foot and try to delegate the other monies in a more important channel or do we want to go with this building and hope that the bids will come in, I have no objections to accepting the schematic, It is a beautiful buiding, and I will vote with, I am sure that is going to be Rose's motion because this Commission will hold final control once the bids have come in and that is the point where it is going to be the nitty gritty and once we get down to that point then I am ,going to have some points on this question. I am going to vote with it today, the only thing is, I am question- ing should at this point, we stop and reconsider maybe to try to do it a little cheaper at this point. The will of the Commis- sion is we will do it this way, we will look at the bids. I will go along with that. Mr. PancoastMr. Mayor, may I make a point at that juncture? There is quite a list of alternates proposed for the building as it is designed. In other words, we have already been searching for other ways that we can cut the cost of the pro- ject down. Those alternates would be a part of the bidding process that might help Mr. Plummer, in terms of the adjustment to the bids. Mr. Plummer: Lester, Have you, in your broad experience as an architect ever seen a building come in under or at the price that was originally quoted? Mr. Pancoast: Yes, sir, but not for some time. Mr. Plummer: It has been a long time. Ask Father Gibson. Right now, he is building a house, and I would like to ask him what the difference is between what he thought he was going to build that house at and what reality is now. The same thing 22 MAR 141974 here. you knowMr. Mayor, you made a good point a minute ago, and let me for just a minute expound on it. You know, this was three years ago before this Commission was placed under a cap. This building, by the way, like it or not is going to have a built in overhead much greater than what we are experiencing to- day but this City, rightfully or wrongly is not going to be able to increase its source of revenue where we have always looked. These are factors that are in my mind and the concerns that are in my mind. Mayor Ferre: All right. Mrs. Gordon: I have a question I would like to ask, Mr. Mayor with regards to the computer portion of this installation. Is this computer portion one that could possibly be utilized by both the City and the County? Mr. Pancoast: The computer capabilities are enormous because the different combinations are as I understand it endlessly changeable as we move into the future and make different deci- sions so I suppose, I am not the right person to be answering that question, but my guess from what I have heard is.that it would be --the building is certainly capable of many different combinations of computer uses. Mrs. Gordon: I only mentioned this because I wanted to plant a seed in the minds of my fellow commissioners that if in fact the over head should in fact, become so overburdensom, there might be ways of relieving it, so I want now to make the motion, but I want to preface it by saying to the young people who are here today, on our Youth in Government seminar that you are seeing history in the making and we are delighted that you are here on this particular occasion. Mr. Lloyd: Mr. Mayor and Members of the Commission, may I read the resolution, an adjustment needs to be made to conform with their contract. If you will permit me, I would like to read it. Mayor Ferre: All right. Mrs. Gordon makes the motion, and Commissioner Reboso seconds the motion, would you now read the resolution. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-170 A RESOLUTION APPROVING AND ACCEPTING THE DESIGN DEVELOPMENT PHASE FOR THE MIAMI MODERN POLICE DEPART- MENT BUILDING, AND AUTHORIZING THE COMMENCEMENT OF THE CONSTRUCTION DOCUMENTS PHASE FOR SAID PROJECT. Were 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. Plummer, Mr. Reboso, Reverend Gibson,Mrs. Gordon and Mayor Ferre. NOES: None. Mrs. Gordon: Mr. Andrews, the second resolution, we will follow the resolutions in the consecutive order as they are on the agenda, other than the first one that was amended? Mr. Andrews: Yes. 2 MAR 141974 • The following resolution was introduced by Mts. Gordon, who Moved its adopt ion : RESOLUTION NO. 74-171 A RESOLUTION ACCEPTING AND APPROVING THE PLANS FOR THE INFORMATION SYSTEMS COMPON- ENT OF THE MIAMI MODERN POLICE PROGRAM, AS PREPARED BY THE STANFORD RESEARCH INSTITUTE UNDER THE AGREEMENT FOR PHASE II AS AUTHORIZED BY RESOLUTION NO. 73-447, AND PRESENTED TO THE COMMISSION OF THE CITY OF MIAMI AT THE MEETING OP FEBRUARY 28, 1974. (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: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mr. Plummer: (In referencLI to proposed resolution no. 74-172) Under information, Mr. Mayor, I want to know what the $4,000,000 is going to be used for. Mr. Andrews: The $4,000,000 is part of the total programming of paying Stanford Research, paying the architect, when we arrive next October and are ready for bid, we will have the beginning of the construction money as a result of this $4,000,000. Mayor Ferre: Am I going to have to go up to New York to sign all of those bonds again on this? Mr. Andrews: No, not on this one but we'll have another Mr. Plummer: These are already sold. Mr. Andrews: These have already been sold and the Mayor went up to New York to sign the bonds on these. Mr. Plummer: Well, I don't understand why you would want part of construction money now if it isn't going out until the first of January. Mayor Ferre: (interrupted and inaudible) Mr. Plummer: Oh yes. Mr. Andrews: Part of it will end up as construction money or getting ready to purchase equipment, one of the two. Mr. Plummer: Excuse me, Mr. Mayor, this is a release. We have already sold them. It's the release that we put on, or a hold that we put on these monies and I ccan't see why we have to re- lease them. We've got the monies and we can allocate them as needed. Mr. Andrews: Well, on the advice.... and you will be allocating them only as we need them. Upon the advice of the Finance Direct- or it was wiser only to limit this bond issue to $4,000,000 at the time and we will maybe have another $4,000,000 bond issue in October... MAR 14' Mayor :Ferret AI- right, let me understand this s correctly, now. Commisaioner Plug aer's Concern is that this is just a blanket resolution, and there you have $4,000,000 and you can just go out and spend it. And what 1 think you are telling. us is that before you go spend it oh a per item basis, you are coming back here tO tell us about it. Is that right? Mr. Andrewat Yes, sir. Mayor Ferret That's on the record now. Mr. Plummert I guarantee, I will vote with the motion. Mayor Ferre: Any further discussion of this motion? Call the role. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-172 A RESOLUTION AUTHORIZING THE RELEASE OF MONIES OBTAINED FROM THE SALE OF $4,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS DESIGNATED FOR THE DEVELOPMENT OF THE MIAMI MODERN POLICE FACILITIES. (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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None Mayor Ferre: Now ladies and gentlemen, you have just witnessed what I think is going to be a very dramatic move ahead, not only in improving the City of Miami and the Police work that is so much needed here, and has been over the years, but I think it is going to be an important aspect of the development of the down- town Miami area, because this will be, in fact, the first major public building to go in the Government Center. Once again, and you will have to forgive us for bragging a little bit, but I certainly as Mayor of the City of Miami take great pride in say- ing that once again, the City of Miami, while a lot of people are out there talking, we're out there first. Mr. Plummer: Mr. Mayor, we will all take greater pride when it is completed. Mayor Ferre: Now, it is my pleasure at this time to ask Senator Pepper to come forward, but before you do that, Senator, I want to read for the record, the proclamation which is being made here and since you are really are at the forefront of this community in regards to fighting crime, I would like you to address us briefly on it. Let me read the proclamation first and then you can address us and then we'll make the presentation. Whereas Claude Pepper, born and educated in Alabama engaged in legal practice in Florida and became so established and so respected that he was elected to the United States Senate in 1936, the same year in which he wed Mildred Irene Webster of St. Peters- burg. Whereas Claude Pepper's brilliant career of public service began in the Florida House of Representatives in 1929, and in- cluded membership in Democratic Executive Committee, Board of Public Welfare, Board of Law Examiners, Executive Counsil and 2L 110 Bar AssociatioAntil elected United States Senator from Florida on November 4, 1936, and re -"elected in 1938 and 1944, and whereas Claude Pepper's since election as United States Representative in 1962 has dedicated himself to determined leadership for his constituents in the third and now the eleventh Congressional District in Florida and his brilliance recognized by his confreres with responsible positions on many of the house's most disting- uished committees, and whereas the unquenchable zeal and capabil- ity of Claude Pepper has been instrumental in securing a formid- able array of outstanding awards and honors, during which time he has always been strengthened and sustained by the enthusiastic encouragement and hard albeit quiet work of his dear wife Mildred, Now, therefore, I Maurice A. Ferre, as Mayor of the City of Miami do hereby proclaim Wednesday, March 13th, which was yesterday, as Claude and Mildred Pepper Day. Senator, it is our pleasure to have you here. Senator Claude Pepper: Mayor Ferre, and members of Commis- sion of the City of Miami and dear friends. I am deeply touched and profoundly greatful for those very gracious and generous sentiments of kindness that you just expressed in the resolution which was adopted by your Commission and issued by your disting- uished proclamation. You know they say a prophet is not without honor save in his own home and his own country. To receive such kind recognition and to be the subject of such generous senti- ments from friends, and a distinguished community leadership group such as this great Commission is something that means a great deal to Mildred and me, and we shall cherish all the days of our lives. Of course, after all, in politics, as you all know, you are sometimes in controversial positions. Strive as you will, you can't please, everybody, but I think it is the heighth of the ambition of all of us who are in public life, and proud to be in public life, at least we hope that people will respect our integrity and give us credit for sincerity in the opinions and in the actions that we express. I am sure this is true of this distinguished commission and its honorable and able Mayor, and it is a role that I have tried to follow in my own political career. You did not need to do this very generous thing. It was an act of gracious thoughtfulness and great kind- ness on your part. Like you, I love this great City of Miami and this whole greater Miami area. When I lived in Tallahassee in 1941 in the senate, I introduced, as you know, the first resolution for Federal Aid for Pan American Center to be located in Miami, Florida and it has been my priviledge all through the years with my wife, to try to progress that great project as much as we possibly could and I think now we see it on the threshold of success, and you, Mr. Mayor have had a large part in making that almost a reality, and I hope it will become a reality in the few weeks ahead of the time at which we speak now. I had a particular reason, also to feel very kindly towards this area because when I ran for the Senate the first time in 1934 opposing a United States Senator and I was 33 years old, --- I carried Dade County inspite of the fact that a prominent and popular judge here in Dade County was the brother of a honorable senator whom I opposed in that election. I think all through the years, only one time, perhaps in 1938 when Mr. Wilcox was representative from this district and was opposing me for re- election to the Senate, I believe he carried Dade County, but in every State election in which I have participated since 1934 except that one, I had the honor, and the great satisfaction of carrying Dade County, so my heart is very deeply in this great county. As I said last night over at the beach, there is a say- ing in China that heaven is above and Peking is below. I said the modern version of that, the American version, at least; heaven is above and greater Miami is below. This is the loveliest part of the West that can be found anywhere. Nobody has a gulf stream -. 26 41/ as close to th and as lovely as ours. Nobody has such sun. - shine as we enjoy here, certainly no part of the world has such wonderful people as we have here in Dade County. Now just let me say in conclusion, Mr. Mayor, I want to commend in the warm- est way, you and your distinguished associates on this Commission for what you are continuing to do to curb crime in our City of Miami and in the greater Miami area. What you have done here today is simply another great stride forward in doing that. We all know that if we have to expect the police to do the job of curbing crime, we have to give them the equipment and the tools and the instrumentality with which to do it, and I remember very well, Mr. Mayor the election to which you refer when the people of this area generously responded with approving that $120,000,000 bond issue and the two great objectives that they had in mind for the rehabilitation of downtown Miami to make it a beautiful spot, useful and serviceable to the people rather than being an ugly eye sore for our people and one of the great- est points of emphasis was to do something about crime because our people are very seriously concerned about crime. I spent over an hour yesterday morning before the judiciary committee of the House of Representatives in Washington telling that committee of the recommendations of the House Elect Committee on Crime which I had the honor to chair for four years as to some of the additional things the Federal Government can do to help the States and great communities like this to try to meet the challenge and the problem of crime; so what you have done he here today, I am sure is very much appreciated by the Police Force which bears this great responsibility and will be very helpful to them in discharging that great responsibility. Mr. Mayor and Members of the Commission, on behalf of my wife and myself, I profoundly thank you, I just hope we can be part- ially worthy, at least of these gracious expressions of confidence and esteem on your part. Thank you very much. MAR 141974 11, REPORT OF POLICE OPERATIONS APPEARANCE OF CHIEF BI GARMIRE INCLUDES PERSONAL APPEARANCES HY A, ETTINGER AND MR, PETEE Chief of Police Bernard L. Garmire: Mr. Mayor and members of the Commission, and Mr. Cii:y Manager and ladies and gentlemen i am here again today to give you an up -dating on the progress of the Police Department, to give you an interim report on what we are accomplishing, and what we are trying to do and what we hope to do, ---you recall that we requested a modification in the ordinance as it deals with prostitution some time ago. Your response was very prompt and we are very appreciative of it. As a result of it, we have now charged 30 males and 15 females. Mayor Ferre: Thirty males? Chief Garmire: Yes, male prostitution is a real problem. Mayor Ferre: Thirty males and fifteen females. Mrs. Gordon: I think my fellow Commissioners are little bit shocked. Chief Garmire: Mrs. Gordon, I want you to know we do not discriminate in the Police Department. Mrs. Gordon: I never thought you did. Mayor Ferre: You are going to have to explain that to me, I thought it took two to tango, and I don't understand how you got 30 males and 15, Chief Garmire: These are actually male prostitutes. I am not talking about those who are entering into clandestine arrangement with a female partner. Only 5 of these people have been tried, un- fortunately under the new ordinance, the rest are still in limbo, but I am happy to report that the average jail sentence in these cases was 11 days, as compared to 6 hours before. This we know from our intelligence sources and from throughout our community has very definitely dampened the spirit of those who would ply the trade of prostitution. Mr. Plummer: As I recall you said the jail time has gone to 11 days. Chief Garmire: Yes, sir,---- i Mr. Plummer: I thought the Commission passed an ordinance where the minimum would be 15 days. Can you explain? Chief Garmire: I can explain to you sir, that on at least one of those cases, the case was tried before the judge had been officially notified of the minimum provisions. Mr. Plummer: May I ask also what in relation, we made a minimum fine on the first offense, as I recall, of $200. and what is the fine situation? Chief Garmire: I am sorry, I don't have that information. Mr. Plummer: I think it would be interesting. Chief Garmire: I can get that information and report back. 2d MAR 141974 Mayor Ferret The question I had was this. We cracked down on this in the City, has the County reacted in any way? I know their ordinance is not as strong, but I understand that a lot of these prostitution activities have moved out of the City and have now gone over to the Metropolitan area, or Other cities. Rave there been counter reaction to that? Chief Garmire: We have rather adverse reaction from other jurisdictions about our emphtisis on this particular enforcement program. Mayor Ferre: I imagine that is the case. That is my question. Chief Garmire: Frankly, I have no statistics to report to you today because I don't know what the situation is. I do know the frequency of the street walker, the frequency of the offer to commit prostitution had dropped recently in the City of Miami since you cooperated and passed the ordinance. Mayor Terre: The question I am asking is, we passed this ordinance and you are telling us you think it has been effective and it is going to help, ---the suggestion is, I think you ought to get together with Sheriff Purdy, if you haven't done so, and perhaps, Mr. Andrews it might be appropriate to put this item on the next joint Metro --City meeting, and request them to tighten up on their laws so that perhaps we might have a more uniform type of situation and then maybe the boys and girls can go up to Broward County and let them worry about it. Let's see if we can decrease the activity in our immediate, Chief Garmire: We are in frequent conferences and this subject has been discussed, but not in depth. We have a proposed modification of the loitering and prowling ordinance, which we have submitted to the consideration of the Law Department. It is my understanding they are working on the refinement of this and hopefully it will up for consideration of the Commission very shortly. Our ciVilianization program in the department is proceeding rather slowly, and one of the reasons is of course, is the reluctance of people to work shifts, these civilian people. We are at this time slightly over half way in the securing of services of people to replace police officers. We have at this time been able to send 18 police officers on to the street by replacing them with civilians in the department. Mrs. Gordon: Chief, could I ask you if you have considered or have you already used those officers who had retired, if they desire coming back to some kind of part-time schedule? Chief Garmire: We have not considered that. I believe there is some sort of conflict so far as remuneration is concerned. In essence, they would be receiving two salaries from the City of Miami, under such an arrangement. Mrs. Gordon: Could I ask the Law Dept. and Manager to investigate that and come back and give us an answer, on whether in fact,the talent of these people who were trained and were police officers could be utilized in some kind of a part time measure in some way. I don't know exactly how, you tell me. Rev. Gibson: You would have trouble with the pension fund. Mrs. Gordon: That is something I don't know. Rev. Gibson: I am here to tell you, I serve in a capacity, ---- you would have trouble with the pension fund. One reason, either MAID 1 4 1974 1 they are on disability, or you increase the havardous condition that the parson comes back under. Mrs. Gordon: I am talking about a different kind of work, where the skill has been learned over many years of experience, would be utilized in an adjunct, no put them on the street, but instead of a civilian who has no experience whatsoever, if in fact we could utilize them on some kind of part-time basis. Mayor Ferre: Anything on that? I think there is a problem area, but Chief, look into it. Chief Garmire: I have had it researched before, in other areas, but I find this is a conflict, and is not possible, --- Mrs. Gordon: What about those who have retired from the County, or other municipal jurisdictions, would it be the same? Chief Garmire: No, that would be a different situation. Mayor Ferre: The problem would be the same, because it is a problem of compensation. Rev. Gibson: That is pension funds, ---- Mrs. Gordon: 1 question that because the point the Chief is raising, is that our pensionees of the City of Miami cannot receive salary again from the City, but wether the County retirees can, is another point that bears investigation. Mayor Ferre: Mr. Andrews and Mr. Lloyd will you look into this aspect, and rather than take Commission time, do in memorandum form. Mr. Plummer: Let me ask on those same lines, Chief, is any consideration, because a great number of our men today are working the 4/10 which gives them three free days and we all know a number of the men work other jobs, has any consideration been given by you or the administration for those men to come in and work an extra day, for the City, rather than to an outside job, where they are needed more in the City, has that been given any thought? Mr. Andrews: Yes, that has been given consideration and gets into a question of budgeting dollars, which we don't have to do that now. Mr. Plummer: Paul, what difference does it make whether you budget dollars for new men for an 8 hour day or men who already know the job on an 8 hour day. Chief Garmire: It is 50% more expensive. Mr. Plummer: Time and half? Chief Garmire: That is a good answer. Our public service aid program is progressing very well. This is our 'Threshold program' aimed at hiring 18, 19 and 20 year old young people to come with us and enter into an educational program and a public service aid program. Mayor Ferre: How many do you have, Chief? Chief Garmire: We were just funded, and as a result we have 60 applicants so far. The training will actually stare 14 April 29, we will give these people 400 hours of criminal justice training, and insist upon them going to Community College and will pay their way there. The program calla for a: minimum of 47 people to be on board on or about the 1st of May. We think this will assist us greatly and we're proceeding along on schedule. The reason we have been unable to start before is because our federal funding was only authorized as of the 1st of this month. Some of you are aware of the fact that we are attending Town Hall meetings. On the 22nd of January much of my staff was at the Wyndwood Center. On the 20 of February, a nunb er of my staff and I were are Edison Park Community, on the 26th of February we were at the Bisc. Blvd. Association meeting at the Unity Auditorium , the 20th of March we have a meeting scheduled with the Little River Commerce Assoc. and I a:sure the Commission and the Manager we are going to continue this throughout strategic areas of the community. Probably about once a month, so we can touch base on the grass -roots manner with the people, attempting to address their problems and answer some of the questions they have. Mr. Andrews; May I interrupt the Chief to also indicate to the Ccrssion that the interest of the people while it is primarily centered in the police activities, also extends to other areas of the City and we will have department directors from other departments to respond to those questions and give information on matters. Chief Garmire: Our patrol and traffic activities are proceeding, we have now at this time as I made a statement before to the Commission, more people actively engaged in patrol and traffic activities on the streets of the City of Miami than ever before inthe history of this community. We have made as you know, hundreds of arrests of undesirables. We believe the streets in general, and particularly in the downtown area, are cleaner of this type of people than for a long time in the past. One of the problems we expressed we were experiencing before was that with the courts. I am happy to report to day that this is vastly improved. The Courts are cooperating to the limit of their ability, and we have a few minor problems still existent, however we are working on them with the cooperation of the Courts. I think we will resolve those. To give you some idea of the magnitude of the problem, on an average each month, my people respond to 14,000 subpoenas. Each one these provides for a minimum of 2 hours of overtime. It is a real complex logistics problem, is what it amounts to. With the 4 day week, and the 3 day week -end, if you will, the contacting of people on emergency bases, or responding to subpoenas which issue late, is some sort of a problem for us. However we are attacking it, I think we will be able to resolve it. I think the people of my department are due a debt of commendation or gratitude in the felonious type crimes, the index crimes, -- in January and February of 1973 my people made 560 arrests. In January and February of 1974 they made 809 arrests. This is an increase of 44.5 percent so far as the activity of my people is concerned in the felony areas, the index crimes. In the lesser crimes, what we call the part II, the misdemeanor, this ratio in proportion is even greater. The people are doing their job as well as can.be ex pected, and I think we will eventually be able to show some results. Ironically the crime rate is not reducing. As a matter of fact the crime rate is going up so far this year, but with this increased effort on our part, we hope to be able to level it out, and by the end of the year, at least in the near future, I hope to have enough impact to reverse the trend, but 3 i IMAR 141974 unfortunately we are caught up on the same probleM that exists all over the country. There is an increase in crime, but My people ate responding and they are really reacting, and 2 think I can eay without fear of contradiction, they are working in this area, 50% harder this year than they did last year. Mayor Ferre: Chief let me ask you, on this increase in crime, are these so; -called more serious crimes, like murder and rape, and violent crimes, increase in that area? Chief Garmire: Yes, they are what we call the Part I crimes, yes, sir,they are increasing. Mayor Ferre: How drastic is the increase in murders and rape? Chief Garmire: I would rather cite you figures than percentages if you will. For this month, I'll give you the year to date, ---- Mayor Ferre: That is through February? Chief Garmiret Yes, sir, --last year there were 16 murders, ---- in the first two months this year, 15 murders, so actually we show a decrease, but it is a figure of one. Last year there were actually 13 rapes. this year 21, there are founded, or actual cases. Robbery has gone up from 452 to ---- Mayor Ferre: Chief, so I can understand properly. when you say we went up from 13 to 21 rapes, are these, convictions, of statutory rape? Chief Garmire: No, these are substantiated allegations of rapes. Robbery has gone up from 452 to 462, aggravated assault from 437 to 472, burglary from 1499 to 1808, larceny from 2,037 to 2515, auto theft is the one light glimmer shall we say, 538 last year, down to 522 this year. Mayor Ferre: Chief, the difference between burglary and larceny, is that burglary, Chief Garmire:---burglary is illegal breaking and entering. Mayor Ferre:----of a premise or house? Chief Garmire:---a commercial institution or residence. Mayor Ferre: And larceny is when somebody steals something --- would purse snatching be larceny? Chief Garmire: No, that is robbery. That is taking by force. Mayor Ferre: That is taking by force. Chief Garmire: Each of these crimes is very definitely a detailed definition, in the uniform crime reporting system, which we comply with. Mayor Ferre: What is the difference between larceny and robbery? Chief Garmire: Larceny, ---the larcening is the furtive of taking of without the owner's consent or knowledge. but no violence is involved. 32 MAR 141974 Mayor Ferre: Robbery entails, Chief Gaf tire: -.----the threat of fear or placing a person in fear of his safety. Mayor Ferre: That seems to be that one, and burglary, seem to be the big ones that have increased. Chief Garmire: Yes, burglary is a particular problem that we have and it is going to require as I mentioned back on Nov. 21, that we are in the process of preparing a comprehensive ordinance which would deal with the securing of homes and com- mercial establishments. Many of these burglaries, up to 50% are committed, where the perpertrator meets no resistance, either an open door, or this type of thing, which makes it impossible for the police to be effective. We believe it is encuMbint upon people to try to secure their own property. Mayor Ferre: Chief let me ask you this, in the rest of the Community, at large, in the Greater Miami area, is this trend also going up or is this in our particular city. Chief Garmire: The crime reports for 1973 indicated the rate of increase in crime in the unincorporated areas of Dade County is greater than in the City of Miami. Mayor Ferre: I read that in the paper, but I am not talking about 1973, I am talking about the first two months of this year. Here is my specific question, are they showing this kind of in- crease in burglary and larceny in the Metropolitan area as we are. Chief Garmire: That is my understanding. It is difficult to get their statistics. We try to get our statistics out on the 7th of each month, when they are due, and reportable to Tallahassee for the uniform crime reporting system. In the County situation, because of precinct stations, and because cf the diversity of communities in the county, I can't give you that information, other than by word of mouth in discussing it with other Chiefs of Police and members of the Dept of Public Safety. The indication is, it is going up. Mayor Ferre: Chief, let me ask you another question. How many of these crimes, are under the influence of drugs, the people that were apprehended. Do we have statistics. The first of my question is, is that going up, or is it stabalized, or is it going down. Chief Garmire: To the best of my knowledge it has plateaued. It is still significant however. We do interview people involved in the more serious crimes, and we do this in cooperation with the DEA, which is the Drug arm of the Federal government in an effort to get some sort of an indication. It is my impression, that I would have to check the statistics quite throughly, that this situation has plateaued, and if anything it might be dropping slightly. Mayor Ferre: I'd like some specific information, now now, but wait until one comes around, and see for the first 6 months what is happening on crimes based on use of drugs. Chief Garmire: It is still formidable, I can assure you. Mayor ,Ferre: I ace sure it i s . 36 MAR 1 41974 Mr. Plut'r: Chief, at the last meeting, at the direction of this Coleaion, you and the City Manager were inetruucted to investigate with the County Manager, the conditions existing at the jail, where our people were having a problem of not sufficient Space and beoauee of it, releasing derelicts early. Did you investi- gate this with Paul, and what is the outcome of that meeting. Chief Garmire: I investigated it and with the assistance of some of my people, the problem was not in the jail,per se,and the releases were coming as a result of court action. This is the thing we addressed with the courts. The people were being held, but they were being taken into court, and summarily released at that time. We checked into the allegations that people were being released summarily, on booking, and we found this was not the case. The trouble developed after they had been booked in. They had been taken to court then summarily released, an.i this could be anytime after approximately 4 hours. This has been cleared, we have a much better understanding with the courts and with few exceptions, these people are given adequate attention for it. Mr. Plummer: So you feel staisfied that this can be, Chief Garmire:----it can be improved and we are going to work at improving it, but it is much better than it was. Mr. Plummer: The meeting was fruitful? Chief Garmire: There is one interesting sidelite I'd like to point out to the members of the Commission, we have been enjoined from enforcing the law at least in one establishment in our community. We anticipate other injunctions very soon on other business, Mayor Ferre: What does that mean, Chief, I can't read between those lines. Chief Garmire: It means we have a business operating in this community that doesn't particurlarly care about police officers enforcing the law. They have gone to the courts, and got an injunction against us. Wb anticipate others, because of increased activity on the part of my people who are insisting upon these businesses complying with ordinances and laws. Mr. Plummer: What is the problem there? Mayor Ferre: You are too precautious,----we are getting tougher, and as we get tougher, more people are complaining, they don't want the police to enforce the law so strictly, so they are taking you to court and get an injunction, and you are saying you are going to get more of that, and I congratulate you Chief, Mr. Plummer: Likewise, likewise, Chief I would like sent to us here at the Commission level, the names of those organizations who are doing this. I'd like the names of those companies that are going to the courts and saying the Police chief is wrong by enforcing the rules. I'd like to know who t hey are. I want it, so the next time they are down here screaming they are not getting protection. Mayor Ferre: Chief I have a question for you about the alcoholic problem in the downtown area. It is my understanding and I'll tell you specifically that Rev. l4cKinnley told me about MAR 141974 3� a week ago, that when the City of Miami Started tough onthe plasma banks and we started talking about it, and started doing something about it and passed an ordinance, they really curtailed activities, as a matter of fact, the one in front of where the senior citizens have hot lunches, next door to the Methodist Church, they took all the signs off where it said 'blood banks or blood banks'. and I could not find it the other day walking around, because they kind of went underground, they took all the signs off. But I understand, about two weeks ago. Rev. McKinnley called me up and told me that they are starting all over again, and we are getting another batch of alcoholics and derelicts that are coming from the north, and the activity is beginning to grow, and there have been some minor crimes, the crime activity in the area is beginning to go up again. Do you have any information on that? Chief Garmire: I am sorry I do not have any information on that. Mayor Ferre: Would you have someone call Rev. McKinnley and get the specifics. I think there Were a couple of muggings in the area, in front the Jr. College. Mr. Plummer: Mr. Mayor, let me tell you from personal know- ledge, that in fact, this ordinance has made these places no longer centers or hang-outs for the very thing you went after in the ordinance. There has been a marked improvement in the two main centers, that they no longer, they still go there, but they don't hang around in groups as they did before, these people have been insisting that they disperse and leave the area, when they are finished. Mayor Ferre: That is what Rev. McKinnley is saying. The last 10 days is beginning to change. I know, if you go and look ground there, ----you haven't seen that? Mr. Plummer: No, sir, I have seen a marked improvement , especially the one that concerns me most, the one across from the Dade College. I have not seen the people in groups standing around, whether it is the institution or Chief's men making them move out of the area, but there has been a marked difference. Mayor Ferre: Are there any other questions? Mr. Plummer: -the Chief may be able to answer this. Chief, this Commission about two months ago made a new ruling which you felt at the time, ----is Paul coming in? ----could go a long way in helping you in your fight. Paul, we passed here, that any people, or any businesses that were sighted for a violation of vice, would be brought before this Commission, for a hearing for probable revocation of their license to do business. At this time, we have not received, any hearings in front of this Commission. Is there a reason, or have we hit a stumbling block. I know the City Atty has advised us that we have no control over bars and hotels. Where are we today. I haven't seen a hearing before this commission. Mr. Lloyd,City Atty: The ordinance provides that the City Manager shall revoke those licenses and hold the hearings. Mr. Plummer: No, we changed that. We changed that by resolution, taking the authority back in front of this Commission. Let's make it public. Mayor Ferre: There must have been some violations in the MAR 141974 35 list three Months. Why area these people scheduled before us? Mr. Mustier: That is that I want to know. Mr. Andrew*: Because you are going to have to have a public hearing on the ordinance, to change the ordinances as it now exist*, so you can have the public hearing. Mayor Ferre: You mean it is not in effect at this point? I thought we passed that. Mr. Andrews: The control exists in an ordinance and your resolution was by intent. Mayor Ferre: 4 that is the case, I want to make sue that we have that public hearing by March 28 and get this moving. Mr. Plummer: You mean the law was not put into effect the day that we Mr. Andrews: No, ---- Mr. Plummer: I think the Commission felt it was. Mayor. Ferre: Let's get this before the Commission on a public hearing. Rev. Gibson: Let me raise a question, since we didn't have the authority, we could not do what was to be done, nor the intent, Mr. Manager, have you? Mr. Andrews: Have I what? Rev. Gibson: ---followed up and revoked or proceed to put some of them out of business? Mr. Andrews: Yes, sir one of those that is before you. Mayor Ferre: The Bayshore Whale and Sail Club? Mr. Andrews- Yes, I went out and inspected the property as a result of this, intention of having a public hearing in my office to follow the procedure that was established and the court, --- Mr. Plummer: Remind him of the Charter Mr. Mayor. Chief, could you expound on this for a minute. Don't mention any names, because I don't think we should , but in this particular case, what happens, because this is a restraining order to keep you from molesting, harassing, and annoying and impeding him from doing business. What happened here? Chief Garmire: This is an operation, or a business operating under a night club license, requiring a minimum of 400 seats. In inspecting the premises, we found that it could accomodate up to 200 seats, if they stacked them, or packed them, in such a way that people really couldn't use them. The ordinance provides for the registration of each and every person working in there, that they also submit the names of people. These people are to have civilian identification cards. It was extremely difficult to find anyone in this organization or place of business with proper identification as provided for by law. Generally speaking, most every provision imposed upon them by ordinance, was either hap-hazardly complied with or completely ignored. We have tried 36 MAR 141974 to work with this organization for Several Months trying to get there to comply with the provisions of the ordinance, and they defied uS. It was difficult to find the owner, It was A young lady WhO was acting as a front person out there. They indicated to us that they are not, -----they have no intention of complying with the ordinance and the provisions of the ordinance. We have cited them on a number of occasions so I believe there are 15 citations against them. We threaten to go back there and make sure they understood what we were saying, by arresting theta, Ind at that time were enjoined by the courts. Mr. Andrews: Mr. Mayor, and members of the Commission, I want to correct something. I did not look at the paper arefully. There are two cases, a case that I was involved in, when I made the inspection, and maybe I'd better inspect this one, because the other one has gone out of business. So there are two eases. Mr..Plummer: What I want to know, Chief, when this action was brought, did the legal department defend, the City's position? Mr. Lloyd: This action was brought, I should explain that, you will notice that the injunction was entered without notice, -- Judge Lake, ----that means that he had an ex -party hearing with the lawyer for this organization, and them as plantiff, without knowledge to anybody and entered an injunction without knowledge to the law department, and then we were served with the notice of it after the injunction had been enetered, , to Mayor Ferre: Can they do that, without giving us a chance 411111 OEM Mar Zr. Lloyd: Yes, the hearing is tomorrow, and we are going to appear there and move to dissolve the injunction tomorrow. Mr. Plummer: You made one other point Chief, something that is not a police matter. You said that this place at best could have 200 seats as you counted them. The law says 400 seats. My question is, how did they get the certificate of occupancy? How did they get the license, Bob? Mr. Ferencik: First the law doesn't require 400 seats, it requires 200 seats, it requires 4,000 sq. ft. or 200 seats. In this particular case, 4,000 ft. is not an issue, because this is a regular liquor license. That only becomes an issue on an exceptional license. These people came in and made an application for a certificate of use, they did this, my department, the fire department, and incidentally the police department approved this place for operation, the police department after we approved this, and there was nothing sinister about the approval as far as the lire department and our department was concerned. The inspectors Mho went out there, did not realize that they could not operate any of this club except within the enclosed building, and they have a patio on this thing that they indicated as their intention to use a part of this patio for their purpose. The police dept went there afterwards, very correctly, indicated that the building did not comply with that ordinance that applies to night clubs. Chief Garmire notified the City Manager, notified me, we went out there and re -inspected it, did the whole thing and agreed with them, and told the people that they must comply with the ordinance or we were going to recommend revoking the night club license. Now what the Chief is telling you is true, they pro 3'2 MAR 141974 • crastinated through a long period of time, in getting to the point Where they could even make the building comply. At the present tine, they have a valid building permit issued to a lioensed contractor, if they accomplish the work that is provided for under that permit. I don't know they have any intention of doing something, taking a permit,, the building wits then comply. Don't let me on the Chief's business, because a lot of the way he is talking about does not have anything to do with buildings. Mr. Plummer: I don't understand, how are they doing business and not complying, that is what I am asking? Mr. Ferencik:----because the City in the first case, issued them the authorization to do this improperly.They showed the 200 seats in the night club, but they were using a, ----the ordinance further requires that this business has to be carried on within a fully enclosed structure. That is what they got the permit to do, is now enclose t:hat portion of the structure which was originally approved and was open, was like a patio. Mr. Plummer: Do they have X number of days to comply? Mr. Ferencik: Well, they have a building permit now, that they have taken it, if they don't start to work, with the building permit the per*tit will become invalid after 90 days. Mr. Plummer: Are you telling me there is nothing we can do? Mx. Ferencik: I don't know that. Mr. Plummer: You are the building director. Mr. Manager, you answer me. What he is telling me is, this City cannot make this man comply with the rules and regulations, ---- Mr. Andrews: Yes, we can but we have to give a reasonable time to comply. He doesn't have to operate while he is not complying, but that gets involved in the case Mr. Lloyd is telling you about that will be heard tomorrow. Mr. Plummer: I don't understand this. I really don't. Here you are telling me a man is operating and I am operating the term loosely, illegally, now you are telling me the City goofed and has given him a permit, but the City can't do anything about making him comply. I don't understand that kind of talk. I guarantee you iflopened a funeral home, they are not going to let me operate it until I have everything in there. How did this man get away with it. Mr. Andrews: I don't have all the details. Mr. Plummer: I think it is important enought that you ought to supply us with the details. Mr. Andrews: Okay. Mr. Plummer: Let's get this on top of the table. I think that is one of the problems, that the City has had. We don't throw enough.=.of these problems on top of the table and let the general public know what is going on, and I think, ----we are in a precarious position in releasing this to the media, of who this individual is, but I think the time has to come where we have to let the public know what kind of deviated methods are being used to circumvent our laws. -and I think the time has come. Let's do it. 36 MAR 141974 Mayor Ferre: I have two more question, Chief on the hatter of lights, are there Strong intensity lights in your opinion helping in cutting flown on crime? Chief Garaira: I think so. Mayor Petra: Are you sure of that? Chief Garmire: I can only sight some of the statistics that we have on file, in before and after studies in the garment district and the Bayfront Park area which clearly indicated a substantial reduction in crime at the outset and the maintenance of a reduction of crime with a long term. The garment district being an example of about a 48% reduction in the first 6 months vs. the prior 6 months. That has leveled out now and we are holding compared to statistics of a couple of years ago, or a year prior to the installation of the lights there, we are holding somewhere around 20% reduction, That would be my best estimate . Mayor Ferre: I see, Chief Garmire: I believe esthetically in addition to crime prevention, that these lights are doing a tremendous job in our community. Mayor Ferre: You mean esthetically, is that what you said? Chief Garmire- That is a matter of opinion. Mayor Ferre: The important thing, is it really reducing crime, and the answer is, you think they are. Chief Garmire: I think they are. They are giving my people a great advantage that they didn't have before, and I know, they are helping us. Mayor Ferre: Let me ask you one other thing. On the question of minorities both Black and Latin, are we making progress in your opinion on hiring and training and testing, in those three areas, would you address yourself to that? Chief Garmire: We just cooperated with the Civil Service Board very recently. I assigned three people to work in 3 key areas in the community. They signed up, received applications from approximately 90 people, of that number, most were Black. There were some Latins, and very few White applicants. The effort was to get Latins and Blacks. So far as that program was concerned it indicated there is some interest onthe part of the Blacks and Latins to become members of the Department, the Civil Service Board is to conduct an examination soon and they will be going in with approximately 200 applicants, out of that number we ' hope to get from 25 to 30 recruits. We hope many will be Latin and Blacks. But it is a slow process. We are not receiving the response from the community so far as applicants are concerned that we would like . With the new examining process, that is now being designed by the University of Chicago, with recommendations that I am sure they will be making, I think we can design or certainly re -design the program which may produce some results. It has been the exper- ience over the country that there is a reluctance generally on the part of Latins and Blacks to apply for the police department. Rev. Gibson: Mr. Mayor let me zero in on somethiig. I think ti 35 MAR 141974 1 heard what you people said. I don't doubt what you are saying Chief. What t art going to say has nothing to do with you. I would like those educators that we are paying a fat salary to appear before this Commission on the 28th and tell us what is being done and what kind of a treatment they are receiving. Mr. Andrews what 1 eta saying implies a lot that I am not saying. Mr. Andrews: Mr. Mayor and members of the Commission, I want to inform you that we are at the final stages of signing the agreement as these people as of this moment are not the City's consultants. I hope they will be tomorrow, when the agreement is returned to be signed by the people from Chicago as soon as the signing is completed they will get under way. Rev.Gibson: That is not what I am saying. Mr. Andrews: I know that, but they haven't begun aay of the work as yet. Rev. Gibson: Who? Mr. Andrews: The Chicago people. Rev. Gibson: I thought you didn't hear me. I think we could get some results, that Latin and that Black, that we have as educators, ought to come here and make a report. Let me tell you something, We are sitting up here, playing games. If that letter I got from Jess McCreary is right, I'm in something that we up here don't seem to understand. I am not a lawyer, andMr. Lloyd, I think you .ought to, ----when Jesse comes here today, I want you and Jesse to explain what that letter means. For the benefit of the public, -------I am not a lawyer. Let me tell you what that letter is saying as a layman. No, T. want Mr. Lloyd and Jesse to explain what that letter means. If we are operating in good faith. I want us all to come down front, ----that is what L am tniking about. I want this Commission to know, ----Chief when those two people come, ---- wait a minute, Mr. Andrews have they been official invited for the 28th, Mr. Andrews: Yes, sir,- Rev.Gibson : Chiefy I can't tell you this, Mr. Andrews, will you please invite the Chief to come back on the 28th so he can hear for himself,please,--- Mr. Andrews: Yea, --- Rev. Gibson: I want 'to show to this Commission that Blacks and Latins are not being. ---and I think you ought to invite the Civil Service Board here at the same time, so there can be no ducking and dodging in this business. I want everybody to know ,as a Commissioner, I mean business. I don't think they think that. Mr. Plummer: Chief let me throw you a side -way compliment. Me interim budget report which you gave to us, I have never seen a report in such detail, from 170 men right down to flares, I have never seen such a report and I understand now, the reason it took so long to compile such a report, that is your compliment. Now, Mr. Andrews, when are we going to have your analyzation and recommendation for that report? Mr. Andrews: My problem is I have to relate that report which represents 211 million dollars, not 1.1 million dollars. Mr. Plummer: I don't dispute that sir,- iiu MAR 141974 Mr. Andrews: It is A million dollars related to the whole police budget. This means that analyzing their entire budget, and we are so close at hand, the processes are beginning to fall in place for the review of their entire budget for they are going to start submitting for the new year. I am hoping to take this and relate it to that rather than try to isolate it andonly relate to this year's budget. If I do that we are talking about 1.1 million and it's fragmented, and not properly associated, and I'd rather wait a little longer and relate that to what the Chief is think about for the next year, and then come to the Commission with a better proposal than one in which you would try to find money to implement a partial release this year. Mr. Plummer: Mr. Andrews, I am only going to remir,-2 you of one line in that message. This is what the Chief sail that he needs for minimal standards. I don't want to wait till October. Mr. Andrews: I understand that. Rev. Gibson: Some weeks ago when the Booz-Allen report was given, and the Civil Service Department was concerned, I carefully worded my remarks by saying, I would that the Civil Service Board give us a critique on that report. Mayor Ferre: On the Booz-Allen report? Mr. Plummer: Let me answer that, ---- Rev. Gibson: ---on the Booz-Allen report, Mr. Plummer: This is not Mr. Andrews' fault because the Mayor in his great generosity appointed me as a committee of one, ----Father we are still amassing questions for that report. The Mayor and the City Manager both concurred, that this subject is so important that we cannot handle that at a regular commission meeting. We put a deadline on it, to get the questions in, the Civil Service Board has complied, they have their list of questions in, and I am assuming some time today the City Manager is going to ask this Commission to designate a time for a solely one item agenda. Rev. Gibson: J.L. I hear what you are saying. I said when we asked for the critique that we wanted that to be a one -item agenda. Please tell the Civil Service Board that a critique does not mean, just bringing some questions from that report. A critique means they must study the report and where they disagree, they are to write and tell me, why, and how come. That is the only way we could intelligently address this issue. The reason for that is, I was saying we ought to do this, the Civil Service Board is saying we should not this, or we can't do it, this would destroy the system. I want to know why. Mr. Plummer: Father, their report does address itself to your problem and Mr. Andrews;will you see to it that Father gets a copy of their report today, and he can have a copy of it becasue they have addressed themselves, the rest of it is what we are trying to get all together. Mayor Ferre: It is 11:30, we are about a half hour behind schedule, and I want to think the Chief for being here today. 4.i MAR 1 41974 If you would stay, t think you may have some questions. This is a semi-public hearing type of thing so, Senator, we want to thank you for being with us today, we are most grateful for your participation. Honorable Maude Pepper: Mr. Mayor, if I may take advantage of your kindneae in inviting me to stay here, 1 am going to confer with the Chief, to see how many of the people who have been arrested for serious crimes, are in the young age category, first below 21, secondly below 18, because maybe we can get the schools to do a little more to atop school drop -outs and see if we can't keep from adding that number to your problem. Mayor Ferre: Thank you Senator. Mr. Friedson, if you will keep your remarks to a very, Mr. Max Friedson: Just one statement, I don't b,:y the fact that the Chief and Father Gibson said about the pension funds, about helping the elderly people, who have the ability and the experience of helping the City of Miami, in fact all over the country, to become police officers in some capacity and I think it is wrong, for any laws that are made by man, --- man can change the laws. I think it is high time we started to • use the elderly people, and don't bury them with all their experience and talents. Thank you. Mayor Ferre: Max, would you do this, --Mr. Andrews, would you, after you and Mr. Lloyd have made your investigation, call Mr. Friedson,and I think you might be able to do this by phone, -- you don't have to have any meeting, Mr. Friedson: I don't buy that, it is wrong, --absolutely wrong. Mayor Ferre: There is some possibility in which we could legally use our senior citizens. Mrs. Gordon: I agree with Mr. Friedson, and it is easy to say no, we can't do things, but we can if we try. Mayor Ferre: Would you report back to us on that basis Mr. Andrews? Mr. Andrews: Yes. Mayor Ferre: All right Mr. Ettinger, you are on the agenda, Mr. Petee, I'll recognize you briefly, if we don't run out of time. Mr. Ettinger, we would most grateful if you would come to the point quickly. Mr. Ettinger: Very quickly, Mr. Mayor, when I came to the last meeting, and wanted to speak, as I requested, I was told I was not on the agenda, and could not speak, so the matter which i had been pursuing since last year, and I asked for my word back as a gentleman, to do what I had to do. You gave me my word back and said do it. So i promptly left here and went the grand Jury, I am telling you this so I want you to know exactly where we stand. I still feel I am a gentleman. Mayor Ferre: Let me interrupt you for a moment Mr. Ettinger. I just want to say that, as Mr. Andrews told me the other day, I completely concur, that we in the City of Miami have absolutely no objections on you or any other citizen going to the Grand Jury on any items you think need investigation, because if something comes out of it, something is wrong, we welcome the MAR 141974 criticism and the ability to get it in the open so we can correct it. Mr. Nttinger: t juat want you to know where we stand. I went back to the Grand Jury, when the agenda cletk called me late Friday afternoon and told me that 1 was to be on the agenda, I was very surprised, because I thought the matter here had ended. I went the Grand Jury and asked them to come back here to speak, and it was agreed that I could here and speak to you. And I come back now with this 10 minutes which doesn't give me time to do what I want to do, but i hope to leave an impression on you, that you understand that what I am trying to do, is exactly what is necessary to do. When I was here last meeting. I told you we had trouble with break-ins, with men sleeping in my building and what not. On Friday morning when I tn..nt to the building, I found an ambulance, police cars, emergency wagons, at the back of my building and one of these very men who I told you about, that was sleeping in there, was in the meter room, in very serious conditions, and before they could move him from there, he passed away. I don't tell you this for my good, or your good, but it is for everybody's good. Here a man passed away on my property and I didn't like it. I think it is a fair statement that the average citizen expects his government to do for him what he cannot do for himself, but he has reason to wonder when voices tell him the government is not his servant but his master from the evidence of their actions. Faith and trust is like a two-way street, you cannot have good citizen relationship with the public, while the police department con- tinues the attitude it has displayed for so long. Every citizen is not a criminal, anymore than that all policemen are bad, but you must have mutual respect and understanding for each other or you can never achieve the ultimate goal of closer relationship of peace and harmony, that a community so desperately needs to survive in these times. The Lord gave us two ends to use, one to think with and the other to sit with. Our place in life depends which we choose, --heads we win, and tails, we lose. The rights of the individual should not be at the mercy of the whims of administrators, the unilaterial termination of this most guaranteed provision of our heritage offends all traditional notions of fair play and justice. In this world everyone must stand up and be counted, for to see something that is wrong and n t speak out against it, makes cowards of men, and I am no coward. I brought questions for the Chief, at a meeting some 3 months ago, asked me to reduce the writing. I did, I gave them to the City Manager, to this day I have not received the answers to those questions from the Chief of Police. At the last meeting the City Manager gave me a copy of them, but the Chief has never sent me a copy of those answers. I am not satisfied with the answers but I don't intend to bring them up to day because I have some I feel that are much more to the moment. We have had some bad problems in our police department, very bad. When we have police officers framing one another or attempting to, and using outside people to do it, we are at a problem. There is no question about it. You cannot take a police department where you have quantity and not quality. You can't have a police department that has internal strife, that absolutely tears it apart, now, that is wrong. Now, the Chief comes up here and makes statements about percentages, and the items of report which sound very well, but when we take and have television stations report we have police officers who attempt to use prostitutes to frame other police officers, we are in trouble. Absolutely in trouble. Someone somewhere seems to think that prostitution is the biggest crime we have. That is not so, but I am not going to argue it with you. Why do the police officers 43 MAR 141974 go out and do it? Mayor Ferrel Mr. Ettinger, excuse me for interrupting you again► you have been talking for 12 minutes now, so would you try to wind up as quickly as you can. Mr. Ettinger: Mr. Mayor, I came here as a guest, you gave me 10 minutes, if you wish me to cease, 1 will, but I told you before in my reading of this, that we as individuals should not be at the mercy of the whims of our administrators, and when you cut me short, when I am presenting an important item as this, that building I voted for, that is being built on property currently on property I own, that building is not going to make our city right, it is not going to make our police department right. That is up to you Mayor. Mayor Ferre: The problem Mr. Ettinger, is we have a lot citizens, we have Mr. Carlos Arbolea, who has been here all morning, we have Mr. Ken Freidman who has to get back to business, he has been here all morning, and he has a right also for his 10 minutes. That is the problem, I'd like to hear you.---- Mr. Ettinger: May I say something to the peopleT--I have something in school, when I studied, that I brought back, and I think it is very apropo, 'Good morning folks, welcome to the land of politico. This is the beginning of a new day, God has given it to me, this day, to use as I will, I can waste it a: use it for good. What I do today is very important, because I am exchanging a day of my life for it. When tomorrow comes this day will be gone forever, leaving something in its place I have traded for it, I want it to be gain, not loss, good, not evil, success, not failure, in order that I shall not forget the price I paid for it. 0, Heavenly Father, we pray that thy shining countenance will shine upon us, thy children who are here assembled this day, to further learn how to improve our lot in life, and to those who are here to assist us in this quest for knowledge to so do. Grant us sustenance 0 Lord, that we may suffer that which we cannot change, the courage to change that which we can and must change, but 0 Lord, please give us the knowledge to know the difference. Amen.' Mayor Ferre: Thank you, Mr. Ettinger. Mr. Petee, you are not officially on the agenda, I will recognize you never the less, with a request that you make it as brief as possible. Mr. Petee; Mr. Mayor and commissioners, and Mr. Andrews, Chief Garmire and ladies and gentlemen, I am quite impressed with the ceremony today, where 20 million dollars is being expended, but I think as you read out of the prospectus, when we were all pushing for this as we, citizens of Edison Park did at the time, we were very much in favor of it but certainly what we were thinking about was vice, but I can't help but recall the many, many businesses in the last few years, many quite large, that have gone bankrupt, and the bankruptcy was really started with the installation of computers that cost millions and millions of dollars. Now, tell me, if we have a police management that is unable to regulate even a shift change, so that we may have continuous police protection, tell me again, if we now have a police management that is unable to deliver on his promises, repeated many times during the bond issue campaign, that we have a right to expect a three or four minute response to our calls for h elp, when the best we have been able to do, on a break-in is 12 minutes, tell me, if now have a police management that is unable to 4% MAR 141974 • to recognize the fear of business people operating behind front doors, tell tee, just what does the Chief report or tell you. l think you invited hits up here originally, way back when, to inform you on violent crimes. What do we get? Today we get a a long dissertation on prostitution, civilization, criminal justice training town hall meetings, improvement in the court appearance by police and then on top of this the Chief says 'they are doing the job as well as expected' ---certainly I would say the Chief's sights need to be realigned, if he is willing to settle for this. Violent crimes are way up. The Chief talks about new ordinances, he talks about no resistance by the citizens, ---- Mayor Ferre: I don't mean to be rude to you, sir, you have been talking for 4 minutes, you said you were going to talk a 'Ferre minute' and they don't run, ----they run a bit mo e than 60 seconds but they don't run 5 minutes. Mr. Petee: Let just say this, how can we expect anything but a failure here in the operation of a sophicated computer system. The computer system will only deliver what you put into it, and if you put garbage into it, garbage you are going to get out of it. Mayor Ferre: Thank you sir. 12, DAY CARE FOR THE ELDERLY COMMITTEE pRFRENTATION OF PROPOSED PROGRAM AND REQUEST FOR FUNDING Ms. Priscilla Perry, Co -Char person,the Day Care for the elderly study committee:Mr. Mayor and members of the Commission, Mr. Manager, ladies and gentlemen, let me just say that I am very sensitive to the time, so the presentation will be brief, and hopefully inclusive. I am here in my capacity as Asst. Director at the Center for Urabn and Regional studies, University of Miami, and co-chair of a Committee whose mission is to develop a Day Care Center for the Frail Elderly. I think you have the proposal before you, and the names of the members of the Committee. Let me say briefly that when Commissioner Gordon asked me to accept the co -chairmanship, I did it for two reasons. No. 1, the commitment of the University of Miami in the area of the elderly, and also in terms of my own profession, which indicates as I travel throughout the country with other persons involved, in urban problems, I am constantly told that they are very aware of the role of the City of Miami with respect to human resources. I think that it would be redundant but I will take a moment to once again reinforce the need of the elderly persons in our society and certainly here in the City of Miami. I think all of us are aware of the fact that this is the most alienated, isolated and lonely group. I think technologically we play ed a cruel game on the elderly. That is to say on the one hand, we have given the elderly long life, on the other hand the quality of life is that which is appropriate for people near death. With this as a preface, I would like to tell you what our plans me, whet our hopes are, with the hopes that you as a Commission will reaffirm and support our concept. Our Concept is simple,we would like to, and we have the support of the Parks Dept of the City of Miami, have a day Care Center for the Frail Elderly numbering forty persons. The forty persons whom we have designated, in terms of concept, are those who are neither eligible, either medically for the nurshing home, where if placed there, would wait until death, or the persons who lives in a furnished room, unknown, upattended to, or the individual who is at the home of children where the children are working. Thus, these people are the most 4a MAR 141974 neglected and the moat in need. Our program would be brought together at Legion Park at 66 and Biscayne Blvd. We have chosen the site because of the atmosphere which is soothing, esthetically acceptable and one which can be utilized. We divided the people in two categories. Twenty of these people would be in need of medical and social services. The other 20 would begin to re -learn what human interaction is. We know at this moment, while I speak while we all wait for lunch, in terms of our own physical sustenance, there are people who are sitting in rooms waiting for the final trip which for them is death. This program would bring together a project director who we would designate as nurse, would supervise the medication necessary for the people. We would have counseling for the people, they would be re -oriented into what a society is for them. People would be brought there early in the morning, by children, they would be taken care of both physically arc mentally. In the meantime the present facilities at the Park .-ould be utilized for those programs which are appropriate. The unique con- cept is that we will re -orient these people so they can enter into the park activities after a given point so other people can re-enter into this program. I car tell you this and members of the committee, who are pro- fessional in the field of aging will say, unequivocally, that if the City of Miami makes this their project, it will be the first of its kind in the country. I ask for your support, I ask for your support in terms of a 6 months pilot project program. Mayor Ferre: You want us to vote on that now, or are you going to tell us it will cost $8,000. or $100,000. a million, how many people are going to be involved, where the money is coming from,have you discussed it with the Manager, --you know, -- Ms. Perry:I will tell you what the price of the program is in terms of the year, that you note the budgetary narrative which is before you, you will see the particulars broken down. The price of a program for a year would be $100,000. which would take into consideration, all aspects of it, both fiscal needs and in terms of persons running the program. We are indicating that, in answer to your question Mr. Mayor, as far as where the money comes from, as far as what categories you have here, I will not speak to that, I can only render to you what the committee has designated as a realistic fee for 6 years, which is $50,000. Mayor Ferr.e: Let me ask you this, by 50,000.----you said $1O0,00O.previously,--- Ms. Perry: --for a year, --- Mayor Ferre: This will be servicing 40 people, -- Ms. Perry: Yes, sir, ---- Mayor Ferre: In other words, it would be $2500. per person to service these 40 people, is that right? Ms. Perry: That is right. Mayor Ferre: How does that compare Mr. Friedson with other costs of similar services you are -aware of. How many people would be in need of this service, since you have great experience in this. Mr. Friedson: I think Pricilla gave you the correct figures if you read it. But let me say this to you, that it costs you more if some of them are put into a nurs ing home under Dade County,--- 46 MAR 141974 Mayor ?erre: l am not questioning that. 1 am asking your opinion,- 1*. Friedson: This is a very fine program, we've got one, and I was instrumental in helping get a day care center for the frail elderly on Miami Beach. Mayor Ferre: That is my question, how much is that costing per person. Mr. Friedson: $90,000. for 38 persons, ----However it was the first project made, that was delivered. The money was delivered from the Division of Aging, however whether we can or not get it from the Division on Aging, I am insisting that the revenue sharing which has been given in the name of the elderly, or malt of it tould §o to the elderly, should go to the elderly to some extent. We are not saying all of it should go to us, but when I hear a Mayor or any councilmen or commissioners tell me that they gave a raise, ----I have no objections to that, but we want our share of monies coming to us. Mayan Ferre:, If we institute this program, if we are able to find the money to do that, and the Commission would vote for it, how many other people within our City boundaries in your opinion fall into the category where they would need a day care center. Mr. Friedson: I imagine Mr. Mayor there is going to be many more people who are in need of this, but Mayor Ferre: We want an estimate, is a thousand or ten thousand people? Mr. Friedson: I would say the City of Miami has about 150,000 elderly and I imagine there should be at least a thousand or fifteen hundred that would need this service. Mayor Ferre: At 2500 dollars, by 1,000 is about Mr. Friedson: Priscilla, wasn't it 60,000 we were discussing? Mayor Ferre: No, that is for a half year. Ms. Perry: At 50,000. and 1 think the figure, and I was corrected was $1,250. per person. Mayor Ferre: $1250. per person, okay. I was trying to get parameters of what is coming because obviously, --let me say I think this is a great program and I think something like this is needed. I want to point that what happens, ----and this Commission has gone over it many times, and I think Commissioner Plummer has addressed himself to it, and other members of the Commission have, ---once you open the door on social type programs, to not discriminate, for you to do a proper job, I am pointing out the magnitude of what we are heading for. Mr. Friedson: We have to make a beginning somewhere? ---- Mayor Ferre: We can't do all of the job, --we might do part of the job, --- Ms. Perry: I'd like to add to what you have said Mr. Mayor, and I think what you just outlined, ---I think is not something to which we should have a kind of reticence, but rather, you are quite right, --it will hopefully open the doors, you see, because MAR 141974 • we know the need, and we hope this program will be a beginning point. We hope also, and we have built into it, a sliding scale for those persons who can afford to pay for their own specific place in the center. Mayor Pierre: Dr. Perry let me tell you that 1 went yesterday to the Gesu Catholic Center where they have some elderly, and have a great program, activity program for some elderly groups there. They also have some 250 little tots, ---Slack, Latin, Anglo,o----- everybody. In fact there were 10 or 15 Hatians there. I was very happy, --you talk about bi-lingual, these kids are tri-lingual. I ask the Sister there, how many people do you serve--250? How many need? She said we have a waiting list of over 500. The point I am trying to make to you is, that these social needs that we have, that are very vast in our community, are serious problems. There is no question that the seniors are a very important part of ;t. The young children that have working mothers are also an important part, and we have many social needs in our community and I think it is the responsibility , my personal opinion that we as a city commission have certain responsibilities but we must meet them with an understanding of what we can and cannot do. always trying to improve and do our job, but some time it is not easy. Ms. Perry:I understand and I recall. and I must commend what the same Commission did with respect to day care centers for the children, the kind of children whom you have mentioned. And certainly we spoke about it at the time, it did not meet the needs of all people. We realize that. With elderly, we know that their time is restricted, their alternatives are few, and may I add, at this point, not a statistical elderly, that we must begin, it seems to me, to think in terms of, all of us, not those people, and us, because I think we all know that if we live, we will be there, and would hope, possibly for no other reason than self interest, that we would begin to establish a new frame work, a new cultural view of the needs of people, who have reached a point intheir life where they are experiencing a kind of .indignity which one could view as uncivilized. Mayor Ferre: Thank you very much, Dr. Perry. Mr. Friedson: It is very important that we make a beginning, and the beginning can be from the City itself, and then as far as the October budget is concerned, that is up to you good people to work this into your budget. In order to clarify a little bit, I have here Nola Limberg who is a representative of the division of aging here, from Monroe and Dade County, I'd like her to say a few words. Ms. Nola Limberg: I am a technical consultant to the Committee and have been w orking with them from the beginning, and by the way, there are many other members here who are helping and are working professionally with the elderly . What I did want to say particularly, was that your break -down on the budget is not quite as bad as it seems, because when you take a look at your budget, there are capital expenses which are needed for the start up of any program, but hopefully when the program continues, those expenses will not be repetitious, so that your on -going operating expenses are not quite as high as you think they are. Mr. Plummer; Let me ask a question of this lady, you are on the staff for the State, is that correct? 46 MAR 141974 Ma. Limberg: Bight, I am the area coordinator for the bivieion of Aging. Mr. Plumper: Let me ask you this, the State of Florida, and 1 am not blaming you, but the State of Florida put on all cities a 10 mill cap, are you familiar with that? Ms. Limberg: 1 know about it but I am not familiar with it. Mr. Plummer: What it says is, you can't collect more than 10 mills in revenue from the ad valorem taxes. You know, what amazes me, is the State obviously by creating the bureau for which you are a representative, recognizes the need for these types of programs, but it obviously doesn't give any recognition to the need of funds to implement. I just don't understand that. Ms. Limberg: I can tell you this much , we work mainly with funds from the Older AmericansAct, which Congressman Pepper who was here a few minutes ago is the main protagonist as you know, and he is the sponsor, however the federal government out- look is that with the advent of revenue sharing, both cities and counties and states will have monies through revenue sharing to provide their own social services. There are monies available as you know through federal fundings and some through State, but they are not inexhaustible, and they are needed for many programs, but the whole concept of revenue sharing was that the local city and local governments would be able to use their own funds through:. revenue sharing for the kind of programs that they wish. If you remember a couple of years ago, there was a great out -cry about the federal government telling government what to do with funds, and the local people wanted their own say so in the matter. Now, they have their own say-so in the matter. The kind of program we are talking about here is one of very many, there is no question about it, and as Mayor Ferre just said, there Are programs and programs and needs that are going to be very hard to fill, and I would say impossible to fill. The only way to do it is start somewhere. Mayor Ferre: I think we are repeating things now. Everything has been said, we all understand what we are talking about, what I would like to do is, any other members of the Commission want to speak first? Mrs. Gordon: There are a number of people here who have been serving on the committee as consultants, and I want you to know who they are. Mayor Ferre: Would you all stand up, all the members of the committees. We certainly want to thank you, ---- Mrs. Gordon: They represent vast areas of concern with the elderly. I don't know Mayor, and Commissioners if you know all these people or specifically what groups they represent, but if you will look at your list of membership names. you will see that there is a great deal of expertise here in this room today. I would like to ask you Mr. Mayor and my fellow commissioners, to move forward and to set a standard for all of the cities and counties in this United States of America. You have already done that in several areas. You have stepped forward, and you have shown the world that you are willing to take care of people and you have budgeted money for children, working mothers, both in our park system and by funding some money to the Board of Education. r C. 46 MAR 141974 It is an inovative, new approach, and you have been daring and you have done it, and you've got the eyes of the world on you, and 1 ask you once again, to set the way, to show the way to the rest of the world what the City of Miami is willing to do, that we are courageous and we want to inovate and want to take care of people, and 1 ask that you go along on appropriating $50,000. from our surplus of revenue sharing funds which we have here. We have a balance of reserve, a million, six thirty, which is back for re -budgeting today, but virtue of the fact that the retroactive pay raises which we set aside in our first revenue sharing budget, for pay increases was not approved, and I am asking Mr. Mayor is that you consider $50,000. for this purpose. Mayor Ferre: Let me interrupt you briefly for a moment and you can continue. Paul, you have this scheduled on the agenda, what number is that? Mr. Andrews: Item 17. Mayor Ferre: If we get into that now Rose, it will take a half hour to forty-five minutes. I would like to request them all up at the same time, Item 17, or if you want, we will cancel lunch and, --the problem is, we have people who have been waiting here since 11:00 so if you want to take it up now, we will cancel lunch. Mrs. Gordon: What I would ask you do Mr. Mayor at this time, is to express an intent by way of a resolution about this program. This has nothing to do specifically with the other items. Mayor Ferre: Every member•of this Commission is entitled to make a motion at any time. If you want to make a motion, and get a second we will do it. Let me tell you my feeling on it, I think this is something that ought to be discussed in conjunction with the federal revenue sharing funds program that Mr. Andrews is going to present on Item 17 at 2:00, that is my opinion. That does not tell you which way I am voting. I don't think this is the time to finalize on this. Mrs. Gordon: Mr. Andrews, do we have money also in addition to this $1,630,000.00, do we have some money left from this year that we set aside that we did not allocate. I believe it was around $60,000. or that amount. Mr. Plummer: It was $50,000. which this Commission went on record, if it was available to give to Dr. Ben Sheppard for the drug program. It was a commitment of this Commission. Mrs. Gordon: But it wasn't given. Mr. Plummer: At the time the commitment was made, it wasn't even accrued, because that is the interest on the funds. Mayor Ferre: This subject is going to take well over an hour to fully discuss it when we get to it. I am willing to cancel all my luncheon appointments and talk right through, if that is what you want. My advice is, we have some people that have been waiting here, and I would like to get on with the 11:00 agenda one hour late, and if you want to wait, and take them up at 1:00,--- Mrs. Gordon: Mr. Mayor, I would like to ask your indulgence. please 50 MAR 141974 • Mayor Ferre: 1 think Lf you make the motion that we in Orincipie recognise What the committee is accepting without talking about tt ney. then you might get a second. Mrs. Gord n: 1 know you recognise what this cOMmittee is doing. or you would not have appointed a committee. I know you agree that this is a needed program. Mayor Ferre: Make your motion. Rose, ''hereupon the following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION NO. 74-173 A MOTION ACCEPTING IN PRINCIPLE THE PROGRAM PROPOSED THIS DATE BY THE DADE CARE FOR TEE ELDERLY STUDY COMMITTEE FOR A PILOT.PROGRAM OF DAY CARE FOR THE FRAIL ELDERLY AT LEGION PARK Upon being seconded by and adopted by the following Mr. Plummer, Mr. Reboso and Mr. Rebono,the motion was passed vote - AYES: Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. Mr. Friedson: May I say one more thing, we are trying to expand the program at the Elizabeth Virrick Park again and we are hoping we will be able to do so as quickly as we possibly can under the direction that you gave at the last meeting you had here, to your City Manager. Thank you very much. Mrs. Gordon: Thanks to the members of the committee, those that can return this afternoon, we would very much appreciate it. 13. PRESENTATION OF PLAQUE TO MR, CARLOS ARBOLEYA REQUEST BY MR, ARBOLEYA ON PLACEMENT OF TRAILER FOR BANK - DISCUSSION AND DEFERRAL TO LATER IN MEETING Mayor Ferre: I would like to ask Mr. Carlos Arboleya to come forward, we are going to present to him a plaque which reads as follows: "To Carlos Arboleya, civic minded citizen, successful businessman, an enthusiastic leader, whose total involvement in community affairs has always been a constant source of inspiration and vitality to our city, presented by the City of Miami Commission in March of 1974." Personally, I would like to say that I know of no man or woman in the Miami area that has dedicated himself and expended himself for the benefit of others more than this gentleman before you right here. He has worked tirelessly on community problems, not the least of which is the Boy Scouts. He has had success after success, he has motivated others to join with him in civic endeavors, both church work. civic work and people work, and certainly he is an exemplary citizen. We are indeed, in Miami, fortunate to have a man of this calibre in this capacity serving it. We are very fortunate indeed, Mr. Arboleya. Mr. Carlos Arboleya: Thank you Mr. Mayor, it is with deep humility and sincere appreciation that I accept this plaque, and 5.i MAR 141974 as l do it► I pledge my every effort to continue working in the comity with the youth i=or a better COMMUnity, and a better state, -better city• and a better country to live. Mayor Ferre: Would you come forward Mr. Arboleya? we have before us a letter which is self explanatory. xs there any discussion on thie? If not the Chair is open for a Motion. Mr. Reboot): I move it Mr. Mayor. Mr. Plummer: I second the motion. Mr. Andrews: Just a minute, is this the letter on the bank? Mr. Mayor and members of the Commission, there is a real problem here. I don't recommend that you do this. Mayor Ferre: What is the problem? Mr. Andrews: The problem is, the last time this was accomplished, you did something by resolution to accomodate someone, and the conditions were a little different there but the ordinance prohibits the commission from acting in this manner. This has to follow the procedure of going through the Planning Board and while you are trying to accomodate these people, --you just can't accomodate themand turn around and violate the City ordinance. Mr. Plummer: Wait a minute, Paul we are not violating any city ordinances. This, which this Commission can approve today, is only subject to the Planning Board's hearing. Mr. Andrews: Then he can't do anything, ---- Mr. Plummer: All he is asking us to do is waive the 15 day, if the Planning Board concurs. Mayor Ferre: I don't see that the Charter prevents us from doing this. Mr. Andrews: Yes, but what you do is, you are permitting him to put the trailer on there, then he goes to the Planning Board and says can I have perission to put the trailer on it. Mr. Plummer: He is going to the Planning Board to allow him to do business.That is a different story. Mayor Ferre: Mr. Arboleya why don't you explain it. Mr. Arboleya: It has been presented before the Planning Board, and all we are requesting of this Commission Mr. Andrews is , that once the Planning Board approves, ----subject to the Planning Board's approval, ---- Mr. Andrews: And he is not going to put the trailer on the property? Mayor Ferre: All the man is asking is, if, ---if, he gets approved at the Planning Board, that he doesn't go through the 15 day waiting period, because he is in a hurry. Mr. Acton: Mr. Mayor, that is right, there is a appeal period involved under the ordinance, and I don't think that you can lawfully, waive the 15 day waiting period without 52 MAR 141974 'loin§ through the procedures as set forth in our Planning ordinance. MAyor' Ferre: would you research that and give us an answer as quickly as -pesaibie, and we will take it up grain. Mr. hloyd, City Atty: We will give it to you after lunch. 14, PROCLAMATION - DE MOLAY WEEK IN MIAMI • AND FLOWER WEEK .RAHAMIAN STUDENTS_DAY . , .. . Proclamation of the week of March 17 - 23. 1974 as "DeMolay Week in Miami." Presentation of FLOWER WEEK Proclamation to Mrs.. Jean Wooten, President of the Metropolitan Miami Flower Show. .Presentation of Bahamian Students' Day proclamation to Mr. Clinton Clark. 15, REPORT OF CITY ATTORNEY ON REQUEST OF MR, CARLOS ARBOLEYA FOR PLACEMENT OF TEMPORARY TRAILER AT THE CENTRAL SHOPPING PLAZA ON THE SITE OF PROPOSED NEW BANKING 1TRIIt TitDF Mayor Ferre: Mr. Lloyd do we have an answer for Mr. Arboleya? Mr. Lloyd: Yes, the answer is,actually the problem you are facing here is the fact that there is in the ordinance a built in period of 15 days for appeal time. That means he'could appeal an adverse decision of the Zoning Board, or some objector could appeal the decision. I think, technically you might be in error in allowing him a resolution which would absolve that appeal, ----you cannot shorten that appeal time. However, I think this, that if you get an iron -clad agreement from Mr. Arboleya that in the event there is an appeal, that the removal of the trailer, ---- Mayor Ferre: Would you so stipulate then if we pass, ---- Unidentified person: ---yes, there will be no problem there Mr. Mayor, Mr. Lloyd: I would want a letter saying he agrees that in the event of an appeal and an ultimate adverse decision by this commission, that he would not only remove it but he woukl acquiesce, in the jurisdiction of this commission to have the appeal. Mr. Acton: Iwanted to say is more than just placing a trailer on the site. Mayor Ferre: We all recognize that. Mr. Acton: Thee is construction involved. Mayor Ferre: The man has already said that No. 1, all he is doing is, he wants to eliminate the 15 day period if possible, if we can do it legally. He is going before the Planning Board, the Planning Board turns him down, he knows that he faced withT---he has to take the trailer away. Secondl.y,•if there is an appeal during that period, he recognizes again that he going to have to take everything down, is that right, ---at his expense. 5j MAR 141974 • Mr. Lloyd: As I understand it, he is not putting the trailer on there until after,- -the planning Board,--s Mayor Perre: Correct, Mr. tloyd:- providifg the Planning Board approves it,you wish to put the trailer on immediately, rather than waiting, Mayor Perre:-and if there is an appeal then he is willing, to take it out,if he loses the appeal. Mr..Plumner: Just so the record will be clear, this is not a precedent setting thing, this has been done by this Commission, and it is because of a legitimate time -bind of which he must perform to comply with the federal regulations, so I want the record clear. Mayor Perre: Is there further discussion on this item? Is it clear, is there a motion? Mr. Lloyd: There is one thing i want to say, that this is not suspending or altering or waiving the 15 day period. Mr. Arboleya:We are not waiving the 15 day, ---we are proceeding at our own risk, if the Commission so authorizes. Mayor Perre: Is there a motion, --- City Clerk: Mr. Mayor may I have a copy of the letter, for the record? Mayor Perre: Yes, we will give you a copy of it. Thereupon the following motion was introduced by Mr. Reboso, who moved its adoption: MOTION NO. 74-174 A MOTION TO GRANT THE REQUEST OF FLAGLER BANK TO PLACE.A TRAILER UNIT FOR SAID BANK'S TEMPORARY QUARTERS ON A SITE IN THE CENTRAL SHOPPING PLAZA, 3737 NW 7TH STREET, WITHOUT HAVING TO WAIT FOR THE 15-DAY PERIOD REQUIRED BY THE ZONING BOARD FOR FILING OF OBJECTIONS, PROVIDED, HOWEVER, THAT THIS ACTION IN NO WAY WAIVES THE 15-DAY APPEAL PERIOD, AND THAT IN THE EVENT AN APPEAL IS TAKEN ONTHIS ACTION THE TRAILER WILL BE REMOVED BY THE APPLICANT 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 Perre. NOES: None. 16, PERSONAL APPEARANCE - KEN FRIEDMAN YOUTH VISORY BOARD pt$CUSSTON OF MEMBERSHIP AND PRESENTATION OF V.D, PROGRAMS Mr. Ken Friedman: Mr. Mayor and Commissioners, I am sorry for cutting in on the lunch break, I want to bring to your attention some of the problems we have encountered this year in hopes that not only you will be able to correct, our problems but also some of the problems that your other boards are facing. We are trying �z r 54 MAR 1.41974 • to StreaMlifte out board to becobe mire efficient and the Major teasbf wh3 it -`is not efficient today is because we have a lot of people who aren't active, and the first thing that we would like to have pulsed by the! City Cotaaiaeion today is, if any parson aiiases two meetings in a row, without an excused absence that he be automatically removed from this board. Mayor Ferre: I think that is a good idea. Rev. Gibson: Why don't you make that a rule of the Charter? Mr. Friedman: No, because anything pertaining to appointments and replacement appointments has to be approved by the City Commission. That is why I am bringing it for you approval today. Mayor Ferre: You are telling us that the Youth Advisory Board, --any member misses more than two consecutive meetings without excuse automatically be removed from the board. Mr. Friedman: That is our recommendation. Mayor Ferre: That is the Board's recommendation? Is there a motion to adopt that? Mr. Plummer: A question, Mr. Mayor, ---you know we tried to put this same thing in for the Zoning Board and everybody fought it tooth and nail. Remember? Mayor Ferre: You might be bringing something up. If I were you, I would have waited until it passed, Mr. Plummer: Mr. Mayor, I would only vote favorably, which I have no objections to, if it is stipulated what constitutes a legal excuse and what constitutes an absence. Mr. Friedman: No one is considered un-excused unless a majority of the Board votes that they are un-excused. I do not take that prerogative on myself. Un-excused would be someone who does not ipother to notify us that they are not attending. Mayor Ferre: Some one who has a complete lack of interest that doesn't even show up, --- Mr. Friedman: --for two consecutive meetings,-- regular meetings. Mayor Ferre: I think we can do all this in one motion. --- a vacancy shall be filled by the City Commission from a list cf possible appointees suggested by members of the Board, resumes to be on file in the City Clerk's office. How is it done now? Mr. Friedman: Now we wait for the Commission to fill an appointment and unfortunately there are some eight appointments to be filled and if we are working at half strength we really cant function. Mayor Ferre: That might have a little controversy. Mr. Plummer: Mr. Mayor the way I read that is that they can only appoint those people they recommend, ----we can only appoint those people they recommend. No, I am not in favor of that. 5 MAR 14197 Myer Ferre: Let'S just vote on the first one. Is there a motion on the first one? Mt. Plummer: Based on the stipulations set, that it is two consecutive meetings, there are provisions for excused absence because of illness or some other immediate need, I'll Move it. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: MCTION NO. 74-175 A MOTION DECLARING THE POLICY OF THE COM- MISSION THAT MEMBERS OF THE YOUTH ADVISORY BOARD WHO FAIL TO ATTEND TWO CONSECUTIVA MEETINGS OP SAID BOARD WITHOUT AN EXCUSE ACCEPTABLE TO SAID BOARD SHALL BE REMOVED BY THE CITY COMMISSION Upon being seconded by Mr. Reboso, the motion was passed a nd adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. Mr. Friedman: The last item is, on the basis on that vote there are now eight vacancies on that Board. Mayor Ferre: We only voted on the first part. We didn't vote on Item 2B. We retain the same right of appointment. Mr. Friedman: Correct, on the basis you have the right of appointment since we have eliminated people with unexcused absences, there are now eight appointments to be made by the City Commission, and we have sent the City Commission resumes of people we think are interested, you can use those or other appointees that you deem necessary. Mr. Plummer: Flow many have I missed? Mr. Friedman: -three, --- Mr. Plummer: Okay, Mayor Ferre: Gibson has one, Gordon, has one, Reboso has three, Plummer has three and I have two. I'll make my appointments right now. I have them right here, ----there was a young man by the name of Matthew from Miami Sr. High School, he is not on your list but he seems very interested in participating. Have you discussed this with him. Mr. Friedman: I haven't yet but I will be willing to accept your appointment. Mayor Ferre: I want you to discuss it with him first. Mr. Plummer: May I suggest that we waited till the 28 and then we will all be afforded the opportunity to make our appointments then. Mr. Friedman: My last recommendation is, pertains to the venereal disease program we have just begun. You have all gotten information on it. We are helping on an education program to help curtail venereal disease through the public school system. I'd like to call on Donna Dupuy at this time to explain it and get MAR 1 4 1974 5. a basic recommendation from,------- Mrs.Oordon: One thing I have to ask you before Donna speaks, what about the appointees living in the City who are representing the City on this Board? what is your opinion on that Mr. Friedman: My preference is to have City people, but I would prefer to have the lest people until we can get qualified City people. Mayor Ferre: Preferably City, but if someone is exceptionally qualified then you would make an exception. Mr. Friedman: I'd like to call on Donna Dupuy at this time. Donna Dupuy: I'll make this as brief as possible because I didn't know I was going to do it. Basically what we have done, I got a copy to each one of you of the conceptual outline of what we propose in the way of a program for this is to consider another sort of inovative keystone concept for the City of Miami to embrace. In our research we found out that nowhere in Florida is there a V.D. program structured really in a relevant fashion to the people that are most affected by it. The 15 to 24 age group is the age group that represents about 95% of the V.D. cases in Dade County. The reported cases have gone from 3600 in 1971 to over 7300 in 1973. There is an effort that has been made, but it has failed. The 7th grade education classes that are given don't seem to work because either the teache:: is nervous about it, the students are nervous about it, the. classes being not taught at all. Our recommendation is a bi-lingual program to be implemented in the secondary schools within the City of Miami. It's a three phase program, the first part would involve a questionaire which would involve 10% of the students in all the schools, finding out what their attitudes are so we can create a public service oriented campaign for it, which would be the second phase. The campaign would be written and produced entirely by the youth members of the Youth Advisory Board. This has never been done. It would be youth talking to youth. We would get public service time on radio and T.V.. the distribution of brochures that we would create would be handled by the students in non -inaccessible places, in the schools , and as I say, would be bi-lingual, done for and by students. At this point we are asking for your approval in concept of the overall program, and your approval to go ahead and begin the questionaire period. Mayor Ferre: Do you have any recommendations. Mr. Andrews: The recommendations that I have is, one in the area of expending City funds, ---does this conceptual plan they are presenting to you embracer ---that they are asking you for funds, or just in principle as to activities? Donna Dupuy: There would be funds involved for the printing of the questionaires and brochures. Mayor Ferre: Ken, you would have to make a specific presen- tation of money you want, and for this Commis sion to get involved in. --- Mr. Andrews: Not only that Mr. Mayor, secondly it would be my recommendation that you hear this at budget time so you can relate this to all the other kinds of programs being presented 51 MAR 1 A iO74 to you so you can evaluate what you are going td do with the liTnited funds yOU dO have. Mayor Ferre: Which isn't that far away, bedauae we are going to get into budget hearings in the stuner. Mr. Andrews: --much earlier than we have had before. Mr. Friedman: Mr. Mayor, we first want approval of the concept, to go ahead with the plan. Mayor Ferre: That is different. Is there a motion on the concept? The following resolution was introduced by Mr. Reboso, who moved its adoption: MOTION NO. 74-176 A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF A PROPOSED V.D. PROJECT FOR SECONDARY SCHOOLS SUBMITTED THIS DATE BY THE CITY OF MIAMI YOUTH ADVISORY BOARD Upon being seconded by Mrs. Gordon the nation was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Ken, you come back on the 28th,---the end of the morning or end of the afternoon, so you won't have to wait so long, and I think you ought to come back with some specific recommendations on both this and we will have some names, Mr. Friedman: The last item is that we have not been sent information that pertains to us. For instance, there were two appointments by Commissioner Reboso made in January that we never even found out were made. We were not even aware of their existence, so we request that anything pertaining to this Board, that we receive a notice of the people involved, their addresses and phone number, and anything pertinent that would involve the Youth Advisory Board, that the City Manager send that notice to us. Mr..Plumaer: That is the Clerk's responsibility. Mr. Friedman: We have never received any literature on any of this. LUNCH RECESS: The City Commission adjourned for lunch at 12:45 P.M. and reconvened at 2:05 P.M. with all members present except Mayor Ferre. 17, FREE USE OF MARINE STADIUM - MARINE COUNCIL OF GREATER MIAMI MAY 2S, 1974 The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-177 A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI ON MAY 25, 1974 MAR 141974 • (Here follows body of resolution, (Mtitted 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, Rev. Gibson, Mrs. Gordon and Vice -Mayor Reboso. NOES: None. (Mayor Ferre absent.) 18, APPROVE CITY MANAGER'S PLAN FOR THE EXPANDED USE OF THE MARINE STADIUM -AUTHORIZE IMPL EMENTATIOW OF FEAS_IBLE.. ACTIVITIES Mr. Plummer: Paul, now, this pertains only to the Marine Stadium, is that correct at this time? Mr. Andrews: That is correct, and it pertains to the memorandum that I furnished you with all the potential uses. We will examine these real carefully and before we actually embark on any of those, we will come back to the Commission, Mr. Plummer: Paul, I think this so good for the edification of some of these people here, why don't you for the record, state what you hope to expand the Marine Stadium, just for the record. Mr. Andrews: The City Commission has expressed concern from time to time, whereby the Marine Stadium could be used more often for a variety of uses, and some of the things we have taken into consideration, where the public can then take a greater advantage of the Marine Stadium, is for motor boat rides, or local residents and tourists , sailboat rentals, sailing school, water skiing rides, water ski school, paddle boat rentals, canoe tours of beach side swamp areas, --there is a swampy area to the east of the Marine Stadium, we are going to look at the potentiality of developing that, --it will be like a little jungle area that people can go in and actually visit a mangrove swamp. When we have tourist come back from up North, we see the mangrove swamp from the exterior. This will be an opportunity to go inside of one. Additionally we propose to see if it is possible to lay out a miniature golf lay out.,, a skeet and trap shooting facility, because we are over the water there, and noise is no problem, safety can be handled in a way so no one will get hurt, a skisk pool fob you non -fishermen and fisher ladies, ---a skish pool is a device which you have a low tank of water, about 6 inches of water, you set up rings and have contests in the skill of people casting into those rings. These are some of the things we are thinking about. Mr. Plummer: Did I also read in that memorandum possibly the consideration given to self contained house, mobile homes for a one night over-nighter? Mr. Andrews: Yes, that is a possibility. Mr. Plummer: Mr. Vice -Mayor I am happy to see this kind of thinking with the administration, I whole heartedly endorse this policy of more utilization of our facilities, and I hope it doesn't stop here, that this will blossom into something that can be expanded to all of our programs, so I am very happy to move item 27,---- Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: ;z 5th MAR I41974 RESOLUTION NO. 74-17E A RESOLUTION APPROVING IN PRINCIPLE THE PLAN FOR SUPPLEMENTAL USES OF TEE MARINE STADIUM COMPLEX IN ACCORDANCE WITH TEE PROPOSALS OF THE STUDY TEAM COMPOSED OF CITY MANAGER STAFF MEMBERS AND REPRESENTATIVES FROM THE DEPARTMENTS OF PUBLICITY AND YACHT DOCKS; AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THOSE ACTIVXTIES FOUND TO BE FEASIBLE (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, passed and adopted by the following vote Mrs. Gordon, Mr. Plummer and Mr. Reboso. (Mayor Ferre absent.) the resolution was - AYES: Rev. Gibson, NOES: None. 19, APPOINT ADDITIONAL MEMBER TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-179 A RESOLUTION APPOINTING AN ADDITIONAL MEMBER TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Mr. Gil Perlroth, Public Relations Department, Eastern Air Lines, Inc., Miami International Airport, Miami,Florida, is hereby appointed a member of the City of Miami Committee on Ecology and Beautification. Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson. NOES: None. (Mayor Ferre absent.) 20, AUTHORIZE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION TO REMOVE VILLAGE SOUTH INC.RESIDENTIAL DRUG TREATMENT CENTER Mr. Lloyd, City Atty: We had originally pursuant to the Commission's suggestion, decided to present to the Commission a recommendation to allow the City Attorney to proceed by the injunctive process against the Village South, in attempt to remove them from the premises where they had been charged with unlawfully operating a drug center in an R-2 district. In the meantime, the prosecution against them went forward in the County Court where they were charged with unlawfully operating a drug center in an R-2 district, unlawfully operating a nuisance and unlawfully operating the premises without a certificate of use and occupancy. Judge Rubiera subsequent to our placing this on the agenda, ----this item on the agenda, ---- found the defendants guilty of these charges, did not necessitate 6U MAR 141974 penalty, but ordered them out of there within 90 days. Therefore in the light Of that subsequent development, because of this 1 Would suggest we not iruterfere with the operation of the County Court and let that situation run its normal course before we make any decisions to proceed further in this matter. Rev. Gibson:I move, Mr. Chairman, Mr. Plummer: I'll second that rather Gibson, with the stipulation, and I see Mr.Spaet,-- who represents Mr. Gissen, Mr. Spaet will you come up to the mike, sir, I will go along with that Mr. Spaet based on your oral agreement at this time and to be followed in writing, that you will not appeal the decision of Judge Rubiera. Mr. Hal Spaet:First.of all sir, I don't represent Mr. Gissen, I represent the comprehenside drug program of Dade County and the Village South, Inc. which one of, Mr. Plummer: ---on behalf of that, ---- Mr. Spaet: Second of all, Mr. Lloyd and I have discussed this thing. As far as giving you a guarantee, that we won't appeal it, I can't give that to you at the moment, but after 1 review what the testimony was before the Judge, I can discuss that with Mr. Lloyd, and I'll be happy to. Our point was sir, your filing of an injunction is not going to really affect anything, and I think Mr. Lloyd will agree with me, you've got a proceeding we are appealing from your decision in the Circuit Court in certiorari. My thinking is the injunction will be filed in Circuit Court and the suits should be either consolidated or put in the same, you can't §et these same people out of there any sooner than Judge Rubiera's order or the Circuit Court's order, in the two cases that are presently being carried on. Mr. Plummer: Let's put it on the record so everybody knows where we stand. I will vote for the motion at this time, that the City takes no action with the guarantee at such time that an appeal is taken, that the City Attorney be instructed to immediately file an emergency injunction, and I'll vote for it that way. Mr. Spaet: That is fine with us. Thereupon the following motion was introduced by Rev. Gibson, who moved its adoption: MOTION NO. 74-180 A MOTION TO TAKE NO ACTION ON A PROPOSED RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION IN REMOVING THE VILLAGE SOUTH, INC. RESIDENTIAL DRUG TREATMENT CENTER FROM 5828 NE MIAMI PLACE, AND SURROUNDING PROPERTY, WITH THE STIPULATION THAT IF AND WHEN AN APPEAL IS TARN THE CITY ATTORNEY IS INSTRUCTED TO IMMEDIATELY FILE FOR AN EMERGENCY INJUNCTION TO ACCOMPLISH THIS ACTION (Here follows body of resolution, omitted here and on file in the City Clerk's office.) MAR 141974 Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. (Mayor Perre absent.) 21, CLAIM SETTLEMENT _- .BOBERT OSTEEN. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-181 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ROBERT OSTEEN, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $2,500.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FAR ALLEGED PERSONAL INJURIES SUSTAINED BY HIM UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon Mr. Plummer, Rev. Gibson, and Mr. Reboso. NOES: None. (Mayor Ferre absent.) 22, AUTHOBIZE 6-MONTH EXTENSION OF EMPLOYMENT - LESLIE Qt)IGG The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-182 A RESOLUTION AUTHORIZING A SIX MONTHS' EXTENSION OF THE EXISTING AGREEMENT WITH H. LESLIE QUIGG AS YACHT DOCKS COORDINATOR FOR THE CITY OF MIAMI FROM APRIL 1,1974 THROUGH SEPTEMBER 30, 1974, UNDER THE SAME TERMS AND CONDITIONS (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: Mx. Plummer, Rev. Gibson, Mrs. Gordon, Mr. Reboso, NOES: None. (Mayor Ferre absent.) 23, RATIFY ACTION OF MAN©bER IN PURCHASE OF HQT MIX..pSPHALT The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-183 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN AUTHORIZING THE PURCHASE OF 2,325 TONS OF HOT MIX ASPHALT MAR 1 41974 PROM PAN AMERICAN CONSTRUCTION COMPANY FOR THE OPERATIONS DIVISION, DEPARTMENT OP PUBLIC IiirORKS, AT A TOTAL COST OF $ 24 , 993 , 75 (Here follows body of re8olutfn, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 24, AWARD BID - AERIAL SURVEY- CITY OF MIAMI - 1974 Mr. Plummer: What are these aerial photos used for? Mr. Andrews: They are used in a variety of ways. They are the large booklets of aerial photos that you have seen from time to time and they are used throughout City government in a variety of ways, perhaps more so in Public Works than anywhere else, in mapping of projects to be carried out in highways and sewers, the Police Department uses them, the Fire Department uses them. They are used by almost every department in the City, including Building, Thereupon the following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-184 A RESOLUTION AWARDING THE BID RECEIVED FEBRUARY 20, 1974 OF RADER AND ASSOCIATES, INC., IN THE ESTIMATED AMOUNT OF $11,028. FOR THE AERIAL SURVEY - CITY OF MIAMI-1974; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vo to - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Rev. Gibson. NOES: None. (Mayor Ferre absent.) 25, AWARD BID - "JAWS OF LIFE" - POWER RESCUE TOOL The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-185 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 19, 1974 OF HURST PERFORMANCE, INC. FOR FURNISHING ONE (1) POWER RESCUE TOOL KNOWN AS "JAWS OF LIFE" FOR USE BY THE RESCUE DIVISION OF THE DEPARTMENT OF FIRE AT A TOTAL COST OF $3,835.00 MAR 141974 (Mere follows body of resolution, gritted here and on file in the cityiClerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 26. AWARD .BID - PLYMOUTH AUTDMOT IVE PARTS ON CONTRACT Basis The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-186 A RESOLUTION ACCEPTING THE BIDS RECEIVED JANUARY 22, 1974 OF MONROE ZEDER PLYMOUTH AND NORTHSIDE MOTORS FOR FURNISHING PLYMOUTH AUTOMOTIVE PARTS ON A CONTRACT BASIS, AS RE- QUIRED, FOR ONE (1) YEAR FROM DATE OF AWARD OF BID, FOR USE BY THE MOTOR POOL DIVISION OF THE DEPARTMENT OF PUBLIC PROPERTIES, AT AN APPROXIMATE ANNUAL COST OF $60,000.00 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 27, AWARD BID - HIGH PRESSURE AIR COMPRESSOR AND PURIFICATION SYSTEM The following resolution was introduced by Pair. Plummer, who moved its adoption: RESOLUTION NO. 74-187 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 13, 1974 OF INNERSPACE RESEARCH FOR FURNISHING ONE (1) HIGH PRESSURE AIR COMPRESSOR AND PURIFICATION SYSTEM FOR USE BY THE RESCUE UNIT, DEPARTMENT OF FIRE, AT A TOTAL COST OF $7,475.00 (Here follows body of resolution, omitted here and on file in theCity Clerk's office.) Upon being seconded by Rev.Gibson, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon. Mr. Plummer, Rev. Gibson, Mr. Reboso. NOES: None. (Mayor Ferre absent.) MAR 141974 28. AWA Bt1]ARDIO 'UUIONARY RESUSCITATOR WITH CA RYING CASE The following resolution was introduced by Mr. Plummer who malted its adontton. RESOLUTION MO. 74-188 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 8, 1974 OF MIC HIGAN INSTRUMENTS, INC. FOR FURNISHING ONE (1) CARDIO PULMONARY RESUSCITATOR WITH CARRYING CASE FOR USE BY THE RESCUE UNIT OF THE DEPARTMENT OF FIRE AT A TOTAL COST OF $1,659.00 (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, Rev. Gibson, Mrs. Gordon, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 29, AWARD BID - 7 WATER VACUUMS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-189 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 11, 1974 OF P.T. GARRETT FOR FURNISHING SEVEN (7) WATER VACUUMS FOR USE BY THE DEPARTMENT OF FIRE AT A TOTAL COST OF $1,760.50 (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 30, AWARD BID - READY MIX CONCRETE FROM MARCH 15, 1974 TO MARCH 14.. 195 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-190 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 25,1974 OF CENTRAL CONCRETE OF MEDLEY, INC. FOR FURNISHING READY -MIX CONCRETE, AS REQUIRED, FOR TIE PERIOD FROM MARCH 15,1974 THROUGH MARCH 14,1975, FOR USE BY THE OPERATIONS DIVISION OF THE DEPARTMENT OF PUBLIC WORKS, AT A COST OF $20.20 PER CUBIC YARD, FOR A TOTAL ANTICIPATED ANNUAL PURCHASE OF APPROXIMATELY $25,000. 6J MAR 141974 -Y 1 • (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: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mr.Reboso.. NOES: None. (Mayor Ferre absent.) 311 AWARD BID`ETAEOWEPASIVPRINWPMD FLA;DuSTECONYROL The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-191 A RESOLUTION ACCEPTING THE BIDS RECEIVED FEBRUARY 7, 1974 OF NATIONAL LINEN SERVICE FOR FURNISHING RENTAL LINENS FOR A ONE YEAR PERIOD AT AN APPROXIMATE ANNUAL COST OF $15,000. AND THE BID OF FLORIDA DUST CONTROL FOR FURNISHING DUST CONTROL PRODUCTS FOR A ONE YEAR PERIOD AT AN APPROXIMATE ANNUAL COST OF $2,500. BOTH SERVICES FOR USE BY VARIOUS CITY DEPARTMENTS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None.(Mayor Ferre absent.) 32, AWARD BID - PARKS MAINTENANCE AND SHOP EQUIPMENT The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-192 A RESOLUTION ACCEPTING THE BIDS RECEIVED JANUARY 23, 1974 OF DEBRA TURF AND INDUSTRIAL EQUIPMENT CO. SOUTHERN MILL CREEK PRODUCTS, INC. AND HECTOR TURF AND GARDEN, INC. FOR FURNISHING PARKS MAINTENANCE AND SHOP EQUIP- MENT FOR USE BY THE PARKS DIVISION OF THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $3,258.97 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mr. Reboso. NOES: None. (Mayor Ferre absent.) 33, ACCEPT B1D - ENGINE CLEANING TANK AND SURFACE MUpER The following resolution was introduced by Rev. Gibson who moved its adoption: 6V RESOLUTION NO. 74-193 A RESOLUTION ACCEPTING THE B/D RECEIVED DECEMBER 26, 1973 OP PETERSON MACHINE TOOL, INC. FOR FURNISHING AN ENGINE CLEANING TANK AND SURFACE GRINDER FOR USE BY THE DEPARTMENT OP PUBLIC PROPERTIES AT A TOTAL COST OF $3,715.00 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mr. Reboso. NOES: None. (Mayor Ferre absent.) Mr. Plummer: Just for the edification, Mr. Vice -Mayor of the people sitting in the audience seeing us spend a lot tax dollars, and doing it very rapidly, I think all of you should be aware of the fact that each and every item which we have just discussed and approved, has been put out on formal bid, with advertising and has been recom- mended to us on the recommendations of the City Manager as the lowest. This material has been in our hands for no less than five days for us to question if need be, so I don't want you to think we just spent a million dollars of your money and did it that quick without thinking about it. I think you should know that. 34, DIRECTING CITY ATTORNEY NOT TO PROCEED WITH APPEAL OF LITIGATION IN CASE OF CITY OF MIAMI VS. VERA BOGIN DBA VICTORY SUNDRIES The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-194 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY NOT TO PROCEED WITH APPEAL OF LITIGATION IN THE CASE OF VERA BOGIN, D/B/A/ VICTORY SUNDRIES VS. CITY OF MIAMI, CIRCUIT COURT CASE NO. 70-17653. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. (Mayor Ferre absent.) 35. AUTHORIZE AMUSEMENT RIDES PERMIT- ST, MARY'S CATHEDRAL SCHOOL The following resolution was introduced by Rev. Gibson, who moved its adoption: MAR 141974 RESOLUTION NO. 74=195 A RESOLUTION AUTHORIZING THE ISSUANCE OP A PERMIT TO ST. MARY'S CATHEDRAL SCHOOL FOR AMUSEMENT RIDES ON THE SCHOOL PLAYGROUND AREA, LOCATED ON 7485 N.W. 2ND AVENUE, ON MARCH 29, 30 AND 31, 1974, SUBJECT TO CERTAIN TERMS AND CONDITIONS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon. Mr. Plummer, Rev. Gibson, Mr. Reboso. NOES: None. Mayo.. Ferre absent. 36, MISCELLANEOUS DISCUSSION ITEMS: GUIDELINES FOR FUTURE CARNIVALS ORANGE BOWL IMPROVEMENTS ORANGE BOWL SCOREBOARD Mr. Plummer: I, as well as the rest of the Commissioners, we received a memo as it pertains to guidelines for carnivals, Paul. I find quite a few things there within those guidelines objectional, and I would like it be brought before this commission for the action as to what is going to be the future guidelines, so if you will schedule that for a future meeting, I would like to.see that. I think some of them are too liberal and some are too restrictive, and I think we have to hit a happy medium, so if you will put that on a future agenda. Mr. Andrews: Yes, I have an additional item. We have another property that we closed on at Curtis Park, and we are ready to present that to the City Commission. Mr. Plummer: Paul, since it is acquiring and acquisition of property, why don't we hold that and discuss it at the same time when Mrs. Gordon wanted to make her points known on the other one. Mr. Lloyd: We can, except this is simply, actually we are closing, on the property tomorrow. We are acquiring, --- this will allow them to remain on the property for an additional 90 days. Mr. Plummer: Let's do it at the same time. Mr. Andrews:The only other thing I had, which you had brought up earlier, maybe we'd better wait till the Mayor gets here, that is setting the date for the Booz-Allen on the Human Resources . Mr. Plummer: Yes, let's do that so we can get an agreement. I would hold on the hours, till the Mayor gets here. Mr. City Manager, since we have a gap in time, as I promised to do four months ago, it haunts you at every Commission meeting and I have done such, I •will, do so again today, asking you to give us, this Commission and the pubic a status report on the Orange Bowl improvements. Mr. Andrews: As late as yesterday afternoon, was in touch with one of the last of the four users who I had not been able 1 6�s MAR 141974 to comn►unicate with earlier in the week, as late as yesterday evening, and have been given assurancea that some ten days prior to the deadline date set by the Commission, we will have received the four users' list of priorities as they see them, and they will be submitted to theCity for evaluation. Mr. Plummer: What about the point of the scoreboard Is any further things been done on that? Mr. Andrews: No we are still gathering information from various facilities throughout the country as to their agreements, the way they went about securing scoreboard, the special arrangements,in several instances we found where scoreboards have been re -bid after, ---as far as advertising in conjunction with them, once they had been installed, initially installed by the original advertiser, through the sign companies, so we are gathering quite a bit of information, ---- Mr. Plummer: Let me ask you one other thing, Paul, what has been done by you if anything, in approaching the off-street parking authority for the 1500 car facility on the north side? Has anything been done by you or the administration, because as I remember it, in the proposal, that was only going to be successful, if in fact we encouraged Metropolitan Dade County and the courts, where parking is so critical, that they would participate in the use of this thing, that it would make it a success, so have you made overtures yet to the off-street parking authority about this structure? Mr.Andrews: No, the first step we need to take prior to thking that step is to get some assurance that there will be a mass transit stop at that location, there is a question as to really how successful a parking garage will work there. It doesn't mean it will not work, but if we can get some commitment that this will be the location of a mass transit stop, then there is a very good probability that a parking garage structure will work properly there as was originally presented to the City Commission. Mr. Plummer: I don't relate one with the other. Mr. Andrews: Well you may not, but I do, and until I am furnished additional information, this is what I must report to you. Mr. Plummer: One is for parking automobiles, one is encouraging people not to use automobiles. How do you relate one with the other? Mr. Andrews: If you can utilize the garage there and continue on from that point, you have greater chance of utilizing the facility. This is beyond the use of the facility, --the parking garage for Orange Bowl purposes. If you are going to encourage people, instead of making those longer hauls, and particularly those in town, to use the garage, you want to have immediately available the mass transit facility that they can transfer to. Mr. Plummer: Personally I'd like to see you get with the off-street parking authority and Ray Goode to start laying out some preliminary thoughts on this matter so we can proceed with as much of this package when the times comes, ---not have to send it back for study at that time. Mr. Vice -Mayor I think we are at a stalemate. 65 MAR 141974 37, WAIVE RENTAL FEE- MIAMI STADIUM FOR 'THE POPE SPEAKS" APRIL _144_ 91A Mr. Jasper Andre: My name is Jasper Andre, and I live 960 N.W. 35th Court. Mr. Plummer: Jasper, the question is, this was approved by the Commission a month ago, and then he withdrew it, why? Mr. Jasper Andre: That I don't know, I know I was supposed to be here today because I tried to get this thing arranged because the Miami Stadium had the Orioles, and we didn't know until recently that the Orioles were out and it had been arranged and approved, maybe it was a month ago, but for the 14th of April, and it had to come to the agenda to be approved. Mr. Plummer: I'll tell you how we do it. Mr. Vice Mayor I'll make you a motion at this time, that we grant the same approval under the same conditions as stipulated before, for April 14, 1974 for the Miami Baseball Stadium for an organization known as 'The Pope Speaks', that we once again under the same conditions and stipulations as put forth before. Mr. Andrews; Mr. Vice Mayor and members of the Commission, my I re-emphasize one of those conditions•so there is no mis- understanding, there is to be no solicitation or collection of funds. Mr. Japser: I will make sure of that. Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-196 A MOTION WAIVING RENTAL FEE FOR USE OF MIAMI STADIUM ON APRIL 14, 1974, BY "THE POPE SPEAKS" TO CONDUCT AN OPEN AIR MASS, SUBJECT TO PAYMENT OF NECESSARY EXPENSES, AND SPECIF::CALLY PROVIDING THAT NO SOLICITATION OF ANY KIND BE PERMITTED AT SAID MASS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mr..Plummer, Rev. Gibson Mrs. Gordon and Mr. Reboso, NOES: None. -(Mayor Ferre absent.) Mr. Jasper Andre:If I may say in behalf of the committee, that the entire commission would be part of our day on the 14th and we want to thank you very much and God bless you all. 38, PERSONAL APPEARANCE - REPRESENTATIVE OF DADE COUNTY AVIATION DEPT, TO DISCUSS STANDARDS AND CRITERIA FOR AIRPORT ZONING SURROUNDING PROPERTIES) Mr. Plummer: Is this gentleman is aware of the reason he is here? Unidentified person: Yes. Mr. Plummer: You know what our concern is? `Y�' 70 MAR 141974 Unidentified person: 1 am not sure 1 do Mr. Plummer. Mr. Plummer: Let me bring you up-to-date if I may sir. This commission was quite concerned about a certain zoning application which came before this Commission, in the adjacent area of the airport. We asked that as always, any zoning application adjacent to the airport be submitted to Mr. Judy for comment. on the original forwarding of this to Mr. Judy, no comment at all came back. We then deferred the item, and re-emphasized to our City Manager that we were not going to move on this item until we heard from Mr. Jody. At the,next hearing,we did. We heard from Mr. Judy: which upset this Commission to no end, and that was that the airport authority had no objections to a high-rise next to the airport. This commission went ahead, based on that letter, and approved the zoning application, but many comments were expressed by these commissioners, of the tremendous fight that exists every day about the building that was built on Le Jeune Road, which the air line pilots raised holy about, about the fight of this commission in getting the Marriot Hotel. giving more ground area coverage to reduce one floor, or whatever it was, which they acquiesced to, but here no concern was raised by the airport authority of allowing, ----George, what that a 7 story building on that side? ---- Mr. Acton: Seven or eight stories, ---- Mr. Plummer: ---a seven or eight story building being placed on another parcel adjacent to the airport, and we the Commission just felt at the joint action committee of Miami and Dade County that this was of such an important nature, that we invite Mr. Judy to come here and try to give us some logical explanation of why he would approve such an application, that we feel that a high-rise building anywhere in the 360 degree parameter of that airport could be considered dangerous. The other question raised by this commission is, that you and Metropolitan Dade County set the height standards within certain parameters of the airport. We felt that maybe these height standards needed review by you so that we in the future could have better guide lines to work on. So all of that conversation tells you one, we are concerned with high-rises around the air- port, two, we'feel you should come forth with a review and recommendation as to height, allowable building heights around the airport. If you can discuss those at this time, please do, if you don't feel adequately prepared I would rather you say nothing, and come back at a later date. Unidentified person: I did not understand this, Mr. Plummer when I was invited to attend this meeting. However I would like to put the two buildings tlhat you have mentioned into the proper framework. The building the pilots raised so much fuss about is smack dab on a runway centerline. Mr. Plummer: We understood that, sir. Unidentified person: The building I believe you are referring to, the one on the Sosa property is off to a side, it is not close to a runway. It is not in an approach. The airport zoning act, what we referred to as the airport zoning act deals with height mostly, and the building, the Sosa Building is about a 9 or 10 story building, falls beneath the height limitation imposed by that ordinance. We are at the moment studying new slopes for approaches to see whether we can develop an ordinance 71 MAR 141974 that Will flatten those slopes and give us better proteetion in the future. The hotel you spoke of, the Miami Airport Inn. --- Mr. Piuzr r: No, the Marriott, i-y - unidentified persons we have never had any qualms whatever about the Marriott,that is so far off,' -- Mr. Plummer: You didn't sir, we did, Unidentified person: --oh, you did, ---- Mr. Plummer: Yes, we went on our own, and got these people to voluntarily reduce, 36', the height of their structure, and said build a little bit more on the ground but reduce the building and they did voluntarily. Unidentified person: That is an action I did not know of till this moment. We studied the hotel, we got a notice of it from FAA, and it was materially under the height limitation we had for that area, so as a consequence we did not object to it. Naturally, we would like to see, first we would like to see, non residential zoning, in as much of the airport periphery as we could possibly arrange for. Mr. Plummer: Can I try to wrap this up for you, can I tell you that the feeling of this Commission is of great concern in the area immediately adjacent to the airport. This Commission and somebody correct me if I am speaking out of place, feels and expresses to you our concern for review and new recommendations as it pertains to height regulations around the airport. What I am saying to you in so many words, ---we are asking you, and this is unusual, to put more regulations and more restrictive regulations as our guidelines to operate by, so I think the sum total of this Commission is, we want you to review and make recommendations as to proposed changes as to heights of buildings around the airport. Unidentified person: I am delighted to tell you we are doing that we are doing that right now. Mr. Plummer: I am delighted to hear it and would you tell me when the conclusion of that study will be. Unidentified person: I am afraid right now I can't. Mr. Plummer: Is 90 days within the ball park? Unidentified Person: I think 90 days, yes, ---- Mr. Plummer: You wi14. then hopefully forward a letter to our City Manager for the 1st of June, who will make it down on his calendar now, that if you don't he will write you a letter and remind you, okay? Rev. Gibson: Are we only concerned with height? Mr. Plummer: Height will govern the rest of the things, to a certain extent of density, floor area ratio and things of that nature. Height will be a governing factor. Unidentified person: Height is not the only consideration. Land use is very important to us. 2 Rev. Gibson: I would hope, based on some experiences we have had around here recently, that we are not only con- cerned about height. I as a Commissioner or citizen, 1 am concerned that we use, that we don't use, --the land in the path, then that would be one way of not running the same danger as we have had in the past. In other words, if the building isn't, there, I don't care how low it is, it won't be hit. The chances are it would reduce the possibility, that is what I am saying. J.L. is talking about height. I am not only talking about height, I am talking about not putting the building there in the first place. Mr. Plummer: I think in the words of the former Planning Director, which I didn't subscribe to, the only thing he would zone that property adjacent to the airport for even th'ugh he didn't like the density, was a cemetery. I personally think you for being here sir, 39, PERSONAL APPEARANCE - DELEGATION OF COCONUT GROVE CITIZENS TO DISCUSS C,I.P, BOUNDARIES OUTLINED BY METRO DADE COUNTY AS THEY RELATE TO THE COCONUT GROVE AEA Mayor Ferre: This is an non -agenda item and as you know we have refrained from doing this in the past. I want to tell you, we are going to take this matter up, but I want to tell this particular group, that as Chairman of this Commission I will not do this again. I am going to take this out of order, it is not on the agenda, there are other people here for other items, it is not fair to them, if you want to be heard on an important item, there is a very simple procedure. You asked to be put on the agenda, and that always happens. Mr. Plummer: Mr. Mayor, for the record also, since this was a sore point before, I want it clearly indicated that in no way by their appearance here today, is what this commission considers a public hearing, --a public hearing must be advertised it must be a regular, scheduled item for us to take any official action. Mayor Ferre: By law, that is the definition. Mr. Plummer: I want them to understand that Mr. Mayor. Mayor Ferre: Who is the spokesman for this group? Raise your hands if you wish to speak,---5 people, Mrs. Bettner, you are first. I want to tell you right off hand, that in fairness to the people who are here on scheduled items, I will cut off all discussion in half an hour, understand? Mr. Plummer; Mr. Mayor, since no official action can be taken today, I suggest so that each person won't infringe on the other, that you do as you have done in the past, and delegate 5 minutes to each speaker. I think that would be fair. Mayor Ferre: There are 5 speakers, that's 25 minutes . Let's make it 3 minutes and I'll give 2 minutes discretionary. Mrs. Bettner: I'll make Daily did say on channel 10, a nuisance to be endured but front of thePlanning Board, it as fast as possible. If Steve the planners consider the public not heeded. We have appeared in we have been working with the Planning Board. I don't see our Miami Planner do that but we '�; MA►R 141974 are wondering about Metro now. You say we haven't had any public hearing. t don't know, I think the one we attended at St. Stephen's on March 4th,-----Mr. Cobo had sent out word for Mr. Paisley, Mr. Adams and Mr. 'Tate to come, ---- Mr. Plummer: Mrs. Bettner, please so there will be no doubt in your mind, or these people's minds, Mr. City Attorney will you explain to Mrs. Bettner what constitutes a public hearing. There are certain prescribed laws that we have to follow. No. 1, it has to be advertised, in the normal trade papers. No. 2 it has to be a regular agenda item, which this today, for this commission to take any action. Mrs. Bettner: I'll tell you what, this is the thing that has been dragging since November. We have gone to everybody we can think of, t) try to get help ,.and we are in a (esperate situation. Now this thing here, Mr. Adams said, wrote a letter, he said this is our priority area, which extends from 27th to Le Jeune, Dixie Highway down Main Highway, Loquat, Kumquat and Lyber Street, that takes in the whole central Grove center. In that he says there are rumors going around that NDP is not extending their area, ----no NDP is through in 1975, there is no extension of that, but to get, to be put in a priority a ea, or a blighted area, you have to get federal funds for that. As I say, NDP is through as of 1975, no more funds available, but by putting in the priority area they will be available for federal funds. Out of Mr. Adams's office, and Little Hud, they had Ron Kippen, make a survey, and in that they come up with our area, there was one area, 1100 and some odd homes, from 27th to LeJeune in that area to be removed or rehabilitated. They turned all reports over to Mr.Paisley, and he came out with his report the C.I.P. Report, which I have here. Some of you may not be familiar with that. I don't know how many commissioners have had that. In it, it tells what the area is and what they intend to do. Then your compehensive plan, this new master plan that has just come out, that tells you, in it, it spells out what this C.I.P is going to do. It says to give top priority to the development, redevelopment of blighted areas in Dade County. They have 14 listed so far. There are 3900 homes in Little Havana to go. It says here this will define and identify blighted areas by using an up -dating the community improvement profile. All right, how do they do this? How do they take these homes? by eminent domain. How many know about this eminent domain. That is the thing that give the City the right to condemn for declared public purpose of reclamation and development considered undesirable because of its tendency to become slums or blighted area . We don't consider our area blighted, by no means. I say it is not necessary for property to be in a state of actual physical deterior- ation to be subject to condemnation. The prevention of insipid blight or it means, ----justifies taking well maintained property by eminent domain when found in potential slum or blighted areas. I have case after case, ----I don't know how many of you have read 'Cities in a race for time' and I think it is suggested reading for every commissioner and every local citizen here. It tells how it has been done in all other cities throughtout the U.S. Most of it has turned out to be a farce. It hasn't turned out to be good at all. What we want to do, it says here there must be due respect for the rights of individuals who have either built or bought older homes, to acquire all buildings and meet standards which differ from earlier standards, would often be a cause of forfeiture of the investment involved and the destruction of older buildings, even though they did not constitute a nusiance, but merely violated some section of an u '7 MAR 141974 ordinance written 10 or 20 years after the Structure was built. There is a U.S. constitutional law, I think the 14th Amendment which guarantees us we are not to have our homes removed like that. In this area,(applause)---min the meantime, we do have a lot of frame hones, old Dade County pine, you can't put a nail in, and like Key West, has a lot of frame homes. Vermont and Maine have a lot of frame homes, and that is the charm of those villages. Let's try to keep some of that charm in Coconut Grove, not just have it go for concrete. I'd like for you to tell us what is the next step to stop this before it goes to Metro. Mr..Plummer: I was trying to stop you so that I could. I don't think anyone up here is in opposition to what you are saying. Most all of us, the Mayor and I, Mrs. Gordon attended your meeting, and I think I say safely for al'_ of us, that we are behind you 100%. Rather than hearing ever}one today, I have just checked with the City Manager, he has time to call for a public hearing on the next meeting, the 28th. If I am not mistaken, it is your desire for this commission to go strongly on record to Metro Dade County, that we are in opposition. Mrs. Bettner: That is right. Mr. Plummer: Since no resolution is needed for this, the City Manager informs me, rather than hear this today, why don't we sehedule the public hearing for the 28th, invite all of you people to come down here, invite the Metro people to come down here and hear it, Mrs. Bettner: Mr. Plummer, may I interrupt, Metro has heard us, they were down here at this comprehensive plan meeting. The City of Miami Planning Board sat in with us the other night, they heard this whole story. We have meetings and meetings till we can't ask these people to come out. They have jobs to do, they have duties. After the public hearings are heard by the end of this month by Metro, this goes in front of Metro to be adopted. Our time is running short, and we need help and need it bad. Mayor Ferre: I think we can cut through all this real quick. In Mid February, Ralph, you came to see me around February 20, remember, and you brought this matter to my attention. While you were there I got on the phone and balled Paisley. Mr. Paisley agreed to come down and we called a public hearing, which was not an official public hearing, it was a public hearing, not before the Commission, but a hearing so this could all be aired. That was held around the 27th of February. You remember at that meeting Commissioner Rose Gordon was there, Commissioner Plummer was there and we took, at Commissioner Plummer's suggestion, with our concurrence, we said we would bring this up before the City Commission so we would pass a resolution, so Metro would be advised as to what our opinion was, and call for a public hearing. That resolution was passed at the meeting of Feb. 28, was 74-156. a motion urging Dade County Commission to take no action with reference to the C.I P. program in Coconut Grove until a public hearing has been held on the matter. That was communicated to the county commission through Mr. Paul Andrews. That was the commitment the three of us made at that evening meeting. We recognize the urgency of what you are talking about. I would respectfully submit to you, that what we are doing here has no legal impact therefore you can talk for the next hour and there '?� MAR 141974 is nothing we can do today. The way we can legally act is call for a legal public hearing, and after the public hearing has been held, then we snake a motion, then the Commission votes, then it goes to the County Commission. Mrs. Gordon: Mr. Mayor, you don't need a public hearing because you are saying the City of Miami does not want this to take place. We are not taking action, we are not putting it in, or taking it out. All we need to do is move a resolution to the County and tell them in no uncertain terms, ----'we do not want this area included in C.I.P. (applause) Mayor Ferre: You may remember in the past this Commission has on occasion done things like that. and then we have had a group of people come before us protesting and saying they never had the opportunity to be heard. I'll give you one specific case, was the re -naming Peacock Park. Mrs. Gordon: That is a different story. Mayor Ferre: You know my sympathy because I have already expressed myself. On the other hand, I do think that the only way you can do this properly is by giving every citizen the opportunity to express themselves. Mrs. Gordon: They can do that at the County. Mayor Ferre: I don't know. Can you guarantee there is no opposition to this? Mrs. Gordon: Nothing this Commission does is final, be- cause it's the County that is going to make the final decision. All we are doing is expressing our feelings, all five of us. Mrs. Bettner: I talked to Mr. Paisley Tuesday. I was at the election working, and I said to him at the time, Mr. Paisley, according to the C.I.P. report, and Mr. ----'s report, and Don Cox and them, their report was made as the census came up in 1970. Your book proves it here. And I told Mr. Paisley, now look, if that was 1970', and this is 1974, that is out -dated, so that shouldn't stand any more, and that's why it should be removed; and Mr. Paisley said, you put that down in writing and I'll sign it. That's the remark that was made. Can't we go on that thing, saying OK, this is so far outdated. We can get the building permits that were done in the last two years here and prove it is definitely not a blighted area. It's simple. Mrs. Gordon: Mr. Plummer, would you go along --- Mrs. Bettner: Mr. Paisley lives right in the Grove here. Mr. Plummer: Elizabeth, I have been trying to tell you for three weeks and thirteen phone calls. Don't stab yourself when you are running ahead of the game. We are all for you, but I am one who is going to stand only on a public hearing, a legal thing that this Commission has always done. Mrs. Bettner: I am just telling you what he said, that that is out -dated, so let's go on that. Mr. Plummer: Fine, we will go o* that. 3-14 -74 7u MAR z41974 Mrs. Gordon: Mr. Plummer, I don't remember ever, that this Coitnission ever took a public hearing on a matter that was going to go up before the County, because 1 can re- member a few instances where we took a position and we sent a resolution to the County, or to the State, and I can remind you of one, and that was the B.R.A. We didn't have a public hearing on the B.R. A. here, but we took a position and we sent them a resolution. Mrs. Bettner: Mr. Plummer, your home also is in the incipient blight area, Tract 68, so you had better take an interest. Mr. Plummer: because now I realize that I am living in a 3% money. Mrs. Bettner, I am glad you sa-Ld that what Father Gibson said this morning, high-priced ghetto, and I can apply for Mr. Aaron: Ralph Aaron,3275 Alamanda Street, Coconut Grove. I don't want to go into the technical criticism of this thing, because I think it has been explained to you how it was done. Simply, they used census tracts, when they should have broken it down into block groups and blocks. Mayor Ferre: Ralph, we have been through that. Mr. Aaron: A11 right, let's get to one point, and that point is this. This group that sent those flyers around in shopping centers, and they never informed us. We, the property owners and the mortgage payers up to 27th Avenue, azd from the business district over to U. S. 1. They had a public meeting, and they never informed us, and they were making plans and devising schemes which have to be considered or labeled invidious because of the process they went through, and these County groups, the substitutes for the Community Action Agency, and the Urban Renewal Advisory Board, and a few of the other groups; they never keep us informed about their schemes in which they are planning our destiny. Mayor Ferre: They are wrong. That doesn't make the opposite right, Ralph. Mr. Plummer: Ralph, let me tell you something right here and now. I, at the public hearing of the 28th, if there is no one here with diverse views --and every one of to u, you say what you want, and this Commission will pass it. But don't deny someone with an opposing view the right of expressing themselves here at this Commission, which we have always done. Mr. Aaron: I would like to request one thing at that time; that when you do ask for Tague, and Mel Adams, ani this fellow, Dewey might, to opine out here, could you do it by registered letter, return receipt requested, because when we requested them to come out at that meeting on the 27th at St. Stephens Paisley said to me afterwards, he said, curse be them, because they let me take the brunt of this. They didn't come out. Mr. Plummer: If they don't want to be here, that's their prerogative. 3-14-74 y 7.• MAR 141974 Mayor Ferre: No, no; I think it is important that they be here, and Mr. Andrews, I would request, not only that you send a registered letter, but that your office call them personally to make sure that they are here. Now, I'll tell you, ladies and gentlemen, I apologize to you for the:inconven.. ience, but this is a country of laws and this is a city of laws. The fact that another group doesn't follow regulations doesn't mean that we are not going to, and we are going to have a public hearing. If there are no opponents here I am not even going to let you talk. We are going to pass this thing and get it over with. I think you know the feeling of the majority of this Commission, and i think that it is time for us to get moving on it. i apologize that the wheels of government are so slow, but we are going to do it within the law, and there may be, there may be, I don't know whether there are or there are not. There may be people who have a different opinion, and I think they have got the right to be heard; that's all, and I would do the same thing for you. I cbn't think any- body, any American citizen who is conscious of people's rights would in any way object for us following a due process of law. That's what this country is all about. So we are going to have a public hearing on the 28th, and at that time we will take a position, and Until then I ask for your indulgence. Mr. Plummer: Just for the edification of these people; you might want to knoathat last night a very similar meeting was held in the North Miami City Council Chambers, and you think you people are upset? Let me tell you something. The County is listening, because they know that they have got all sectors of this community highly insensed. Mayor Ferre: I apologize for making you come back here one more time. Mr. Plummer: So there will be no question, Mr. Mayor, I now will make a motion that a pUb lic hearing be held on March the 28th in this Council Chambers at two o'clock. Mrs. Gordon: Why don't we let Mr. --- Mayor Ferre: I am not going to listen to anybody else. We are going to vote on this. Mrs. Gordon: Why not? You said before you were going to let people speak. Now you are cutting them off. Mayor Ferre: Do you insist on talking? Dr. Barry Hersker: Yes. Mayor Ferre: All right, make your motion. Mr. Plummer: OK; I make the motion, Mr. Mayor, that a public hearing be called for the --- Mrs. Gordon: Why don't you hold the motion until he speaks? Mayor Ferre: Listen, I am running this meeting. Now there is a motion, and I would appreciate no interruptions until the motion is finished. 3-14-74 76 MAR 141974 Mr. Plr: Once again, for the third time. That a public hearing be called for the C.I.P. Program as it relates to Coconut Grove for March the 28th at two P.M. in these council chambers; that the normal procedures of public hearing as known by this Commission be followed, and that in particular those officials of Metropolitan Dade County; namely Mr. Paisley, Mr. Dewey Knight, Mr. Mel Adams, Mr. Tague and Mr. Kirk, be sent a special invitation to appear, because it is the intent of this Commission, at the conclusion of that hearing, to take a definitive and strong position as it relates to that public hearing, and I will move that. Mrs. Gordon: Wait a minute, Mr. Mayor --- Mayor Ferre: All right, Mrs. Rose Gordon, on the motion. Mrs. Gordon: May I ask you, Mr. Hersker, what it is you want to say? Mayor Ferre: No, Ma'am, you may not. I am running this meeting. Now you can talk to the motion. You are not asking any questions out in the --- Mr. Plummer: Wait a minute, Mr. Mayor. It has been re- quested by the City Manager that Mr. Reginald Walters also be included in that special invitation. Mayor Ferre: All right, add Mr. Walters to the list. Mrs. Gordon: And also the County Commissioners and the Mayor of Metropolitan Dade County. Mayor Ferre: Add them to the --- Reverend Gibson: As the seconder to the motion I could like to--J.L., I think we could agree --that all parties that have anything to do with making this decision, and that would take care of everybody. Mr. Plummer: I kind of caught that broad spectrum in the normal advertised public hearing. Mayor Ferre: I have no objection to including the County Commission. They ought to be here. After all, they represent you, too; so I have no objection to that. Thereupon the following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-197 A MOTION FIXING MARCH 28, 1974, AT 4:00 O'CLOCK P.M. AS Tit DATE AND TIME FOR A PUBLIC HEARING TO BE HELD BEFORE THE CITY COMMISSION ON THE C.I.P. PROGRAM AS IT RELATES TO THE COCONUT 3-14-74 76 MAR 14197 GROVE AREA, WITH NOTICE TO BE GIVEN TO THE GENERAL PUBLIC, AND SPECIAL NOTICE TO THOSE OFFICIALS OP METROPOLITAN DADE COUNTY WH0 ARE INVOLVED IN THIS MATTER, WITH THE EXPRESSED INTENT OF THE COMMISSION AT TH2 CONCLUSION OP SAID PUBLIC HEARING TO TAKE STRONG AND DEFINITIVE ACTION ON THIS MATTER 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. Mr. Aaron: I still have a part of my five minutes. I just want to make a little commentary, and then I'll get out of here, because I have got to go back to work and make a living. This is what it is about. Mayor Ferre: Wait a minute. I want to tell you that in about --because we extended it a little bit; I'll extend it another five minutes. In ten minutes we cut off discussion. Mr. Aaron: It's a shame when the citizens themselves have to monitor their own security, and it is not being done by those that are paid to do it for us. I can't help thinking that this exposes the need to have some agency of city govern- ment monitor, review and provide reconnisance for our protec- tion, and I think that the Planning Department should be ex- panded, and include in its program the need to monitor these County plans that are at this lofty, ivory tower level that can affect our property values, our homes, and our destinies and our life's savings and purposes, and I feel that the Planning Department is going to have to do this, and that the City Manager should review the Planning Department's scope of services to the community to incorporate this requirement of reviewing on a current basis all county plans. Number two; I want to say this: Most of us here, our homes represent every- thing we have got. It is the major investment. We are mostly still paying off these mortgages. It's so imperative; it's so emotionally involved, what we are here for, that you must ap- preciate what this means to us; and please, please provide us with this protection. Mr. Plummer: Mr. Mayor, it has been requested --and I think legitimately so --if no other Commissioner has any objec- tions, that the time be changed from two in the afternoon until four, so that some of these people who have children mining home and some of them that teach in schools can be here; so if there are no objections --and I have none --we will make the hearing at four rather than at two o'clock. Mayor Ferre: That's much better. Dr. Hersker: My name is Barry Hersker. I live on Loquat Avenue. i am president of the Coconut Grove Citizens League. I will be very brief. I have only one question of Mayor Ferre and my good friend, J. L. Plummer, that I really can't reconcile in my mind, and that is, where you people know that that C.I.P. report calling Coconut Grove a blighted area is incorrect, you know that it is incorrect, why is it necessary to hold a public hearing to re -affirm something that you already recognize is wrong? In other words, when you take action to remedy something which is not only a grievous error, but b u MARS ilk 04 irresponsible, isn't this action that you would take without submitting it to a public hearing? Mr. Plummer: Let me answer that, Mr. Mayor, and then you can answer if you want, but, Barry, let me tell you something. If we are going to right a wrong we didn't make, we didn't make the wrong; someone else made the wrong, and that is the Planning Council which put this package together. Now, Barry, there might be --I don't know and you don't know --there just might be someone who is in favor of this proposal. I can't imagine, but it could be, and I don't ever want to sit here as a Commissioner and have someone point a finger at me and say to me,you didn't give me the right to be heard. Now, I told you all that at the meeting. If we sitting up here didn't think that this was a highly emotionhl and sensitive thing we wouldn't have been at these meetings, but we took our time to be there. We understand your concern, and we are only asking that we do these things in the proper manner. This is the proper manner. We didn't invite any of you down here today. We have broken a rule to let you be heard; so all I am saying is, let's do it in a legal manner. Mayor Ferre: That's very nice. We can be very flip about all this, you know; and I want to tell you something. I can take the easy way out and just keep quiet, or I can give you a big emotional speech about all of this, and we can get a lot of emotions going. but listen, we sit up here as elected offi- cials trying to do what's right. You may not agree with us as to what is right and what is wrong, and you in your own personal experience may not have seen it, but I have seen countries, and I have seen places where there isn't the right to be heard, and where there isn't the right to speak out and object to something, as ridiculous as it may sound, and I have seen some of you who are here today speaking out on some things where you were very, very much in a minority position, and yet you had that right. I don't know if anybody is going to show up here on the 28th; and I have told you what my opinion is. My opinion coincides with yours, but as Patrick Henry once said two hundred years ago, I may not agree with you, but you have got the right to say it, and I am going to defend that right; and that's exactly what this is all about. You may be, you may get very sarcastic about it, and you may say to me that you don't think we need any public hearings, but that's not the way the City of Miami is going to be run; and I apologize for offending anybody, but I feel very strongly about this, and it's a matter of deep conviction and principle; and I know that each and every one of you agrees with that principle. Now. you have a conflict because you have a strong belief in something which is a deep conviction also, but we cannot do it at the expense of a basic principle. Dr. Hersker: I'd like to add one thought on that, Mr. Mayor, and that is after these people appear for this public hearing and you hear from Mr. Paisley and the people who are responsible for the document, will you then, if it is your conclusion at the end of that hearing; if you feel that the action that was taken on the C.I.P. was irresponsible, would you then go on record as censuring the people who wrote the document, just as you are censuring us? Mayor Ferre: I am not going to censure any public offi- cial for doing that he thought was his duty. What I will go on record on is stating my personal opinion, which at this point 3-14-74 MAR 14197 coincides with yours, but 1 am not going to go out and censure any public official, because that, in my opinion, is passing judgment on the man's intentions, and 1 am not going to do that. unless 1 have proof that there was malice involved, and l don't think that is going to serve any useful purpose. What is this anyway? Are we here to castigate somebody? Do you want them whipped, or something? Dr. Hersker: I think they should be more careful, Mayor. Mayor Ferre: Something has been done that is wrong. We are going to correct it. That's the main purpose. I think the secondary purpose --we are not here to castigate anybody. Dr. Hersker: Well, just tell them never to do it again. Mr. Plummer: You better believe they are going to listen. 3-14-74 • 40, REPORT OF CITY ATTORNEY REGARDING ST,JOE PAPER CO, PROPERTY imoRIZINCE TILPAX ATTORNEYS bFEES A[VDR OF A$5541 $AZD EOM Mr. Lloyd: Mr. Mayor, honorable members of the Commission, on January 15, 1974, your honors will remember that this was the special meeting to consider action with respect to dismissing the cause involving the condemnation of the Ball Point Property, specifically, the condemnation known as the City of Miami Vs. The St. Joe Paper Company. At that time a resolution was passed authorizing dismissal of the action by stipulation and upon pay- ment to the attorneys for the St. Joe Paper Company, Shutts and Bowen of an attorneys fee of $100,000 and a sum, not in access of $25,000 for costs. Subsequent to that time, the attorneys for the St. Joe Paper Company have sent a complete itemization of their costs, which is attached to a memo which I have fur- nished you. This itemization indicates that their cost:; are $36,138.25 and they are asking for this sum to be paid, or we're asking for this sum to be paid rather than the $25,000 which this Commission... Mayor Ferre: Mr. Lloyd, we have all read the memo, so get to the point so we can make a decision. Mr. Lloyd: All right, sir. The only other facet was that we were going to try to wrap the whole thing up today, including the appraisers figures, our own appraisers figures which are in here, and authorizing payment of those and possibly a decision with respect with Mr. Howard having his attorney's fee. Now I have been unable to negotiate the matter with Mr. Hadley. I have informed Mr. Hadley that I consider that his matter --- his fee is based on quantum meruit, not necessarily upon the contract, and I have not been able to get together with him to negotiate that matter yet, so I would suggest that you do one of two things; either pass a resolution authorizing the expend- iture of a payment of $100,000 attorneys' fees and $33,128. which I have negotiated with Mr. Britton. They are willing to take $3,000 less than the $36,000 expense figure, if we can neg- otiate it, or go to court and have the court determine the actual cost. I would believe that if we were to take the latter action and go to court for the determination of the actual cost, the court would enter a judgement awarding all of the costs. In other words.... Mayor Ferre: So in other words, your recommendation is that we agree with the compromise? Mr. Lloyd: We agree with the compromise. I think we will save $3,000. Mayor Ferre: All right, is there any discussion on this? All right, Commissioner Plummer, go ahead. Mr. Plummer: Two things. #1, I understand that your legal opinion is that according to the contract, Mr. Hadley's fee is nothing. Mr. Lloyd: According to the contract that is my opinion, yes. Mr. Plummer: All right. He has refused to negotiate. Mr. Lloyd; On that basis, yes. I think his fee would be based solely upon a quantum meruit basis. 83 MAR 141974 Mr. Plummer: Al rig ht, then what is the tdtal cost excluding his fee that you are asking for? Mayor Ferret $133,000.00. Mr. Lloyd: $133,138.25. Mr. Plummer: So in other words, as far as this commission is concerned based on your opinion, $138,000 closes this case? Mr. Lloyd: plus the cost of our appraisers which is $11,000 for one appraiser and $9,743.68 for the other appraiser. Mr. Plummer: Mr. Lloyd, I want a total figure, sir. Just for the record, 1 want it to firmly reflect that in the urgency in closing this case and letting it go its normal dead route, I am going to forego any interjection other than for the record, of my displeasure of paying one of the appraisers. In my humble estimation it was one of the appraisers who led this Cciimission down the trail that we have arrived at, but in the essence of closing this case completely, I am going to vote with the motion to pay these costs involved, so we can, in fact, wrap this thing up. I just want that for the record. Mayor Ferre: All right, any other comments? Mr. Plummer: Mr. Mayor, I will move you at this time a motion allocating $158,841.93 be allocated . Mr. Lloyd: I wonder if you would do this, Mr. Plummer, please. If you would move the resolution authorizing the City Attorney, let me make sure I have the right one for you, this one first then we take up the appraisers figures second. Mr. Plummer: I move you Mr. Mayor, this doesn't have a total. (Mr. Plummer reads prepared resolution aloud) Does anybody have an alternative. Mr. Lloyd: While the Commissioners are reading it, let the record reflect that they received copies of it. Reverend Gibson: Mr. Mayor, I don't have an alternative, I'm sitting up here mad as hell. I'm going to tell this, as a clergy- man. I'm sitting up here mad as hell that we are paying this kind of money, and got absolutely nothing, and I see that man sitting over there who wants a pittance, and we are going to be pussyfooting around about getting that to him, and I see all of these old people who have worked hard for this City and you know, man this just-- I don't understand this system, I really don't. I want to raise a question before we go on any further. I don't know why, if we are in the condemnation business -Mr. Reese is sitting out there, I'm glad he's here. He said something when we were getting ready to employ an attorney. He wised me up, I'm learning. I don't understand why we don't add to this legal staff of ours a capable attorney, a competent attorney to do this kind of a business for us. Now I just don't see $100,000 plus $38,000, man I don't know what is happening to the public trough. I am a little disturbed, and JL, that's why I didn't second it. I was mad as hell. Mr. Plummer: Well, Father, you know I expressed the last feel- ing at the last meeting. The only thing I did was I went a little bit stronger and I placed the blame where I thought it should be and then went home and stayed up all night wondering if I was going to get a liable action against me. You know, your comments are well taken Father, and they are true, but MAR 4197a 84 You know, I feehat this is a position et it isn't a matter of what we want to do, it is matter of what we've got to do. 1 hate to be on the side of right by saying we win the ease and loose the battle. Reverend Gibson: JL, I am for going another route. I am for paying this man, but I want to make it crystal clear to this legal staff that man, you'd better go find yourself somebody who can do this work. Now, I think this is fair. I just don't think we-- you know what we are doing, everytime we, want some- thing special to be bartered out, and you know what you are do- ing? You know what the public is going to say about us? We're taking care of our friends. Incidently, I have a son who is a lawyer, so you know I can't be against lawyers. He's got to live off of fees, but this just irritates me, it makes me want to regurgitate. I am going to second your motion, only because we are in a bind and can't get out. Mr. Plummer: Father, I think that, I hope your comment; are to the overall situation because the motion just made pertains to the attorneys of the defendants, not ours. Reverend Gibson: I know that, I understand that. Man, anyway, $138,000. I am a black man and I have been poor all my life and I just can't cut that kind of money for legal fees. That's what I mean. All right, I'll second the motion. Mayor Ferre: All right, we have a motion and a second, any further discussion. You know, so that there is a clear under- standing of what we are doing, let me briefly outline and say that when this Commission voted to take this land, it was the intention and the hope that we were going to take it for seven and a half million dollars. At the time that the appraisal was made, without naming any names, the taxes paid on that property was on the basis of $8,000,000, so the appraisal was way off. Now what happened was that we found out earlier this year that it was going to end up, we were heading for court and the whole thing was going to end up costing between a minimum of 13, prob- ably $15,000,000, and maybe higher, so this commission had to make this decision #1 do we have that kind of money, and the answer was no. #2 We asked the county and the state to partici- pate and they didn't show any interest. #3, We had to decide that if we had $15,000,000 would we buy 8' acres of land, which is what this is, or could we use that $15,000,000 to better use and the conclusion was in all three; we didn't have the money, if we had it, we would have a better place to use it and the majority of this commission then concluded that we ought to just forget about all of this. Now at that point, we had to go out and settle it. Now to settle it, the people who we were going to condemn the land from said well somebody has to pay our attor- neys, so we had to settle it and just swallow hard, and that is Where the $100,000 went. So that we understand where we are go- ing. It could have cost u$ a lot more than that if they had been very arbitrary about it and they had gone to court and the court had awarded legal fees, it would have been a lot more than that, so even though as bad as this, and I'm not making any arguements in favor of the attorneys or anybody else, but I think we have t to understand it in the proper context. Mrs. Gordon: To set the record straight Mr. Mayor, assessment does not set market value and one thing has no relationship in its entirety to each other, and I am not defending any appraisers, its just principals of appraising. Mayor Ferre: All right, Any further discussion? Call the role, please. The follow* resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74•-198 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EXECUTE A STIPULATION DISMISSING THE CONDEMNATION ACTION STYLED THE CITY OF MIAMI, FLORIDA VS. THE ST. JOE PAPER COMPANY IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, NO. 73-2506 AND PRESCRIBING THE CONDITIONS FOR SUCH STIPULATION; AUTHORIZING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO PAY TO SHUTTS & BOWEN, ATTORNEYS FOR ST. JOE PAPER COMPANY THE SUM OF $100,000 AS ATTORNEYS' FEES AND THE SUM OF $33,138.25 FOR EXPENSES UPON EXECUTION OF A STIPULATION OF DISMISSAL AND A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS FOR DAFAGES THE ST. JOE PAPER COMPANY MIGHT HAVE AGAINST THE CITY OF MIAMI AS A RESULT OF THE AFOREMENTIONED CONDEMNATION ACTION; RESCINDING RESOLUTION NO. 74-45 PREVIOUSLY PASSED AND ADOPTED ON JANUARY 15, 1974. (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: Mr.'Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Li, REPORT BY CITY ATTORNEY WATER DEPARTMENT TRANSFER AGREEMENT Mr. Lloyd: You will remember that some time ago the City author- ized ... Mayor Ferre: Jack, excuse me. Is Mr. Worley here? Is there anybody else that is going to speak on this itern? Why don't you get ready then. All right, go ahead. Mr. Lloyd: Some time ago, the City of Miami authorized the trans- fer of the Department of Water and Sewers to be the Miami Water and Sewer Autnority. Very briefly, and you have a memo on this, a tri-party agreement between the City, the County, and the Dade Water and Sewer Authority was authorized. The agreement was drawn up, it was executed by both the Miami Water and Sewer Author- ity and the City of Miami, subsequently the County attorney's Office found some fault with certain portions of the agreement. Everything was agreed to and straightened out between the City Manager's Office, the City Attorney's Office and the County Attorney's Office with the exception of what is known as a re- verter clause in certain quick claim deeds by which the City was to transfer certain items of property which were being used by the Water Department to the Miami Dade Water and Sewer Authority. Then, the Chase Manhattan Bank which is the trustee for the bond holders entered the picture and insisted upon the reverter clause, inspite of the fact that the City had transferred the property to the County, or rather to the Water Department by deed with a reverter clause that if the property was no longer useful to the Water and Sewer Department, or they ceased to exist as an entity, then the property was to be transferred back to the City or re- vert back to the City. Chase Manhattan Bank wished to have the City buy back this property which it had given to the County> 8t3 11/ or rather to thtr+Tater and Sewer Department and we objected to that, and thereupon the Manhattan Bank suggested that after 5 years. the City begin to accrue a credit of $290,000 per year toward the repurchase of tris property if necessary. We then insisted upon a clause whereby the Water and Sewer Department or the Miami Dade Water and Sewer Authority now would not seek to dispose of any property as not useful to them on which the City had a reverter clause in the deed until such time as the City had sufficient credit in the bank to buy back the property. Now the reason it was after 5 years is for the first 5 years under the agreement, the City gets cash in hand of $290,000 per year. After that, it would stop. Now perhaps Mr. Worley, he is the counsel for the Miami Dade Water and Sewer Authority, perhaps he might like to add something to this and Mr. Mayor, I would request that your honor on behalf of the Commission would in- vite him to do so if he wishes. Mayor Ferre: Go ahead, Mr. Worley. Mx. Worley: Thank you, John, Mr. Mayor and Commissioners. The three party agreement, as we have called it actually is a four party agreement with the Chase Manhattan looking over all our shoulders, has been in the offing now, for almost a year, well actually, over a year. We have in every respect, I believe, on behalf of Miami Dade Water and Sewer Authority tried to ac- complish this transfer as smoothly and as efficaciously as pos- sible keeping in mind all of the objectives of all the parties. This effort which is before you now, I believe is the one that we've got to go with. There may be some things in there that the City doesn't like, there may be some things in there that the County doesn't like, and there may be some things that we would just as soon weren't in there but gentlemen, I am con- vinced that this is the one that we have to go with. This is something that is a basic document to the Miami Dade Water and Sewer Authority is something that we need to have in hand to do' our daily business. I am here to answer any questions that you may nave about the technicalities, the requirements of the Chase Manhattan Bank and the trust indenture are just voluminous and very complicated. I would be very glad to go into that for you if you would like, but I would urge that this resolution be adopted so that the County who is ready, willing and able to enter into this agreement now „you sign it and we can have a fully pleged existing Miami Dade Water and Sewer Authority. Mr. Plummer: Mr. Worley, very quickly, very to the point sir, I don't speak for anybody but J.L. Plummer, but there is no way in hell that I am voting for this document. Mayor Ferre: Let me ask you a question, Mr. Worley. The title to the properties has not been turned over to the Metro Water and Sewer. As I understand it, we have kept title and Metro Water and Sewer, Miami Water and Sewer has the right to use these prop- erties perpetuity for the purposes that they are not used for. My only concern is that 10, 15 years from now; I'll give you an example now. The old City of Miami Water Plant in Hialeah. Ten or fifteen years from now it may be decided that those wells may be moved further West or put some other place and that property maybe declared surplus property. I'm not about to see the gen- erosity of this City be in any way misused by future, I'm not making any accusations of bad faith on the part of anybody that is there now, but that is our property, the taxpayers of the City of Miami are entitled, I think they have been overly gener- ous, this Commission has been overly generous. We turned over something that is worth well over $500,000,000.00 and didn't get one cent for it. We are getting $290,000 a year for the next five years and in the meantime, we're still paying, as I under- 8 41n 4 197A stand,, binged i:,Tebtedness, the people of Miami are paying bond- ed indebtedness to the benefit, 350,000 people of Miami are pay- ing bonded indebtedness to the benefit of 1,400,000 people. Now, of course, we are getting $290,000 a year for five years, but t for one am not in favor of any clouds on what to me is a basic principal. That land belongs to the City of Miami, and I am not about to vote on anything that in any way, and this thing of accumulating $290,000 a year and letting that build up as a kitty for us to buy back what we already own. 1 Mr. Worley: May I respond to that, Mr. Mayor? Mayor Ferre: Please, certainly do. Mr. Worley: First of all let me say that the generosity of the City of Miami is appreciated. We realize what the City of Miami has done. Mayor Ferre: By some people, not by everyone. Mr. Worley: Not by everyone. You never please everybody, and nobody will ever give you the recognition . Let me point to the only reason that, and I agree with you that your property should revert back to you if we can't use it. I agree with you and the whole authority agrees with you, and the whole staff agrees with you. The only entity that does not agree with you is the Chase Manhattan Bank who is the trustee of the bond indenture. They say no, you are moving all the property of the Water and Sewer Department, or the Water Department cause they are only water revenue bonds, you are moving it out of the control of the City unless the City wants to stand behind those bonds which the City doesn't want to do, you don't want to be obligated on the bonds, then it has to come under the :ontrol of the trust in- denture and the trust indenture says in a way, that it must be sold. Now we have provided in this agreement that once those revenue bonds have been retired the property does in fact re- vert to you free of any cost. We've got to get rid of those bonds first. Once those bonds are gone then the property goes back to you, but as long as those bonds are outstanding we have got to comply with the Chase Manhattan Bank. If you have ever had to deal with the trustee of enbondment you have to realize the ominous powers that these people have. They can recall those bonds on us. Mayor Ferre: They are looking out after their interest and we're looking out after ours. Mr. Worley. Let me suggest this to you. If we can't agree to this agreement then what you are telling me is that there is no validly existing Miami Dade Water and Sewer Authority under the ordinance. You've got to come to that conclusion. If that is the case then what we are going to do is we're going to throw in the towel and we're going to say ok County, take back your Water and Sewer property, and we are going to say all right, Garrett Sloan and his crew are going to go back and be a Depart- ment of the City because the ordinance is in existence and as the Home Rule Charter is amended, if what you are saying is true, then we have no Miami Dade Water and Sewer Authority and the only alternative I have at this point, if you don't pass it and this is not a threat. I can't go any further I have negotiated out. I am going to have to throw it on the laps of the court and say "Judge, what are we going to do" and if we do that, the judge, I think in my opinion is going to say "City of Miami, transfer it without any reverter clause." Mayor Ferre: Let me tell you something. There are a lot of 86 things that hav't been mentioned at this Commission Meeting and if that were to happen, I think an awfully lot of things are doing to conte out that might not be so pleasant about what has happened. Mr. Planners Excuse me, Mr. Mayor, but I think that maybe it is gored that it should come out. Mayor ?erre: All right, let's recognize Father Gibson. Reverend Gibson: When did the Chase Manhattan enter this pic- ture? Mr. Worley: They've been with it since 1940. Reverend Gibson: Since 1940. All right, let me ask this. They knew all along this is what we had done and proposed to do, didn't they? Mr. Worley: No, sir. They didn't. They had no idea when the trust indenture was written that the City and the County were going to merge their Water and Sewer System. Reverend Gibson: You mean to tell'me--- Mr. Worley: Is that your question, I'm sorry --- Reverend Gibson: They hold the bonds, is that what you are try- ing to tell me? Mr. Worley: They're the trustees of the bonds. Reverend Gibson: Somewhere down the line they knew about the transaction. They knew which way we were proceeding. Now I have been on this Commission for at least 18 months, I want you to note this and I'm learning fast. And you know what, all that you've got since I have been here, there isn't anybody was ob- jecting as long as they were going home free. Now my brother, you heard from two. You've got a third one with that two making three. Mr. Plummer: The funny part about it'is Mr. Mayor, that if you want to come down to the nitty-gritty, and as I say, I think we ought to let it all hang out as father puts it. You know you had the County exercise their option about 6 months ago and sign this agreement. There was no question raised at that time by Bond Council, correct? Mr. Worley: That's not a simple question to answer. Yes, and no. Mr. Plummer: Well, they had the opportunity to sign it without any stipulations. Mr. Worley: The County did but the Bond Council was into it but not into it in the extent that they got into it later. Mr. Plummer: Right. By their procrastination, they got into it deeper, right? Mr. Worley: Well, I don't know that you could blame it on that one instance, but they did get into it deeper. Mayor Ferre: Mr. Andrews. 85 Mt. Andrews: i was wondering if we shouldn't raise the question as to the actual involvement of the Bond Council as far as sign- ing this agreement. They are not party as Such to the agreement, they may have objection to the way we entered the agreement. Mayor Ferret Are you talking about Chase? Mr. Andrews: Yes. They're not subject to this agreement. What is the effect if the County and the City decide to go ahead and sign this agreement. Mr. Worley: Well, Mr. Andrews, let me say this. They can be a party to it, but if they are a party to it pursuant to the trust indenture, believe me it is a horrendous task. You've got to give notice all the outstanding bond holders, you've got to hold a meeting, you have to --- Mr. Plummer: They can also call the bonds. Mr. Worley: Oh they can do that right now. They can do it right now and they may very well when I call them and tell them that this Commission has turned it down, they may very well call the bonds and if what you are saying is true, and there is no valid Miami Dade Water and Sewer Authority, it is going to be the City of Miami who is going to have to pay those bonds off. Mr. Plummer: Mr. Worley, I appreciate your comments, sir but I also have to recall the comments of Commissioner, I believe Fogg but a County Commissioner who at the time expressed to the Com- mission "let's make the trEnsfer, we can work it agreeable to all parties", sir, I only ask that that stipulation be honored, that it is worked out to the agreement of all parties. Mr..Worley: Do I understand that the only thing that is not agreeable to you, Mr. Plummer is the reverter provision in this agreement? Mr. Plummer: That's it. But I think you have to hear my back up to know why I'm in opposition. Mr. Worley: All right, sir. Mr. Plummer: You know, just simply you're giving us $290,000 a year to the general fund which the Water Department gave us $900,000. So you know, you're not giving us anything. For 5 years only, and then that stops. Now, in the benevolence of big brother, they are going to give us a credit of $290,000 beyond those 5 years. We around here refer to "Big Brother" as Metro. Mr. Worley: I resent being called Big Brother, but that's ok. I also resent being catagorized in that pidgeon hole. I don't consider myself with Metro. I'm not a Metro attorney. I'm in private practice and I'm general council for Miami Dade Water and Sewer Authority. I'm not Metro. Mr. Plummer: I'm not saying to you sir, these points were not directly for you. You asked me to back up and I am backing up. Now all I am saying is that in the 5 years of this agreement, the City is coming out with $3,000,000 less than if we never trans- ferred. Mr. Worley: Yes, sir, that's true. If you are going to look at this transaction as a buy -sell arrangement where you are going to get consideration, then that is the wrong way to look at it. You are not getting anything. You're giving. There is no doubt about that. 6u MAR 141974 M . Plummer: Ake asking to break even. Mr. Worley: But you're not going to. If you are going to look at it that way it's never going to happen. Mayor Terre: Mr. Worley, let me give you an analogy, and Mr. Reese is here, and every time these matters came up he kept warning us about it, and warning us about it. We kept giving away pieces of interama and the day is going to come when they are going to come before us again and they are going to say, "Well you are going to have to give up a little more,tand the people of Miami, at one time owned, totaly, outright without any debt 1700 acres of beautiful property on the bay now called the interama tract and at one thing after another, and that thing has been whittled down and everytime we get pressures of the com- munity and unnamed newspapers and Chambers of Commerce and every- body and ok, we just swallow hard, hold our breaths, and bite the bullet. And every time it was just chipped away and chipped away where now what the City of Miami has left is an $8,000,000 lien on a much smaller piece of property, and there is some question of where we are even going to see that. Now here is another situation that's analogous. The citizens of Miami, over a long period of time have been putting their money into devel- oping a first class water and sewer system. It was thought of in the best wisdom of this commission again, with the concensus of the community that the City of Miami and the Citizens of Miami transfer this valuable asset into the hands of Metro, and that has been done and the only thing we kept was the title on the real estate, and the only thing I think Commissioner Plummer is saying that for goodness sakes if you are not going to use it as a water and sewer authority, the people of Miami are entitled to get the property back. That's all we want. Mr. Worley: We agree with you. Mayor Ferre: And we shouldn't have to go and have to pay for it. Mr. Worley: Chase Manhattan Bank does not agree with it. Mayor Ferre: All right,. I think we have talked this one out. Anything else you want to add to it? Is our position clear? Mr. Worley: Your position is very clear. It leaves me absolutely nowhere and 1 am wondering if you really fully appreciate where it leaves you vis-a-vis the Chase Manhattan Bank. Mrs. Gordon: Mr. Mayor, I think perhaps this is a very serious thing and we feel the way we do, perhaps we ought to defer this until the next meeting, give ourselves time to look into all the ramifications of it and then come up with a decision at the next meeting. Mayor Ferre: Is that a motion? Mrs. Gordon: I'll move it. Mr. Andrews: Why, in this meantime if you are going to defer th this, in the meantime, why can't Mr. Worley and Mr. Lloyd appear before the County Commission and explain the City Commission's position in this matter to see what the County Commission itself can do in order to help resolve this problem. I don't think the City Commission should carry this burden itself, the County Commission made certain commitments when they went ahead with this matter. Mr. Plummer: How much outstanding bonds are there? 91 MAR 141974 11/ Mr. Worley: l'trt sorry, 1 aoti't know. Mayor ?erre: I ant going tc, tell you quite frankly. Mr. Worley: The Sewer has been redeemed. Now we had to redeem all outstanding sewer bonds to make this transfer because the trustee told us we couldn't make the transfer with the outstand- ing sewer bonds. Mr. Plummer: There is nothing precluding the County from redeem- ing these bonds. Mr. Worley: Yes, money is precluding them. Mrs. Gordon: Could we just act on our motion and then we can get all the facts delivered to us. Mr. Worley: Can I speak to that motion though? I have a very serious deadline to meet with the Chase Manhattan Bank. They have given me an ultimatum that at the end of February I was to have this cleared up. Mayor Ferre: Mr. Worley,let me read between the lines and it hasn't been said here or I wouldn't say it. I think that what could be gathered out of all of this is that the City of Miami has been giving and giving and giving, and that there are certain things that have been given to us that we are not very happy with. We have also gotten, but it is not quite in the same context and I think that there are areas in which we would like to sit down and perhaps negotiate or open up areas in which we are not quite satisfied; the way we have been treated by- you don't like "Big Brother", but by somebody. I don't know who the somebody is but there are a lot of things that have been bothering this com- mission for quite a long time and this City, and I think its time maybe for us to get them out and sit down. And I would be happy to attend any such meeting, and I am sure that the rest of this commission would, and I am sure the administration would to sit down and put it all out on top of the table. Mr. Worley: I assume you are referring to other deals, other matters. Mayor Ferre: No, sir. I'm talking about Water and Sewer. I'm not talking about anything outside of Water and Sewer. Mr. Plummer: Just one point in particular that I brought to the Mayor's attention, and I made this point once before. I am very very unhappy about the idea of the North Sewage Plant that is pro- posed taking and running all of their sludge down to the City of Miami. I'm just using that as an example. Right down Biscayne Boulevard, they are going to put in some thing, a huge pipe be- cause you see, the City of North Miami doesn't sludge, so send it to Miami. And you want to know something, the Water Board passed it at an expense of three times of what they could do it on site. Now that is just one example. Mr. Worley: It would have been impossible to do it on site. Mr. Plummer: Well, Mr. Garrett Sloan stood here and said there were ovens capable of doing it. Now I am not here to argue, I'm unhappy about it. You asked for a pointed question and I am giving you one. Mayor Ferre: I think the rates are something else. Mr. Plummer: That's another thing. You know the City is paying 94 MAR I41974 40 on a dead horse We're paying off that sewage plant over there at City expense but when the new pipes go in because had the straignt forwardness to go forth and do the City of Miami, now when the County comes along and does the rest of the municipalit- ies, the City taxpayers are going to have to pick up 21% of it. Mayor Ferre: Mr. Plummer: Mayor Ferre: That isn't right. That's wrong. We've already paid ours. Mr. Worley: You're flashing figures at me and I'm don't think it right. What are you talking about the City has to pay... Mayor Ferre: Mr. Worley, the point is this, that the City of Miami has already paid its dues to join this club. We are full fledged members of that club. We've paid over the years, the people of Miami have been paying and now we are going to have to pay all over again for something that's not of benefit to us. Mr. Worley: Are you talking about Water and Sewer rates? Mayor Ferre: I'm talking about the expansion which is going to be to the benefit of all of Dade County, and yet 25% of Dade County is the City of Miami which is already 75% sewered, or will be by the end of the year. Mr. Worley : Do you want a reduced rate for the City of Miami? Mr. Plummer: We want a fair rate: Mr. Worley: You don't believe what's fair? Mr. Plummer: What is in existence today is fair? No, sir, I will tell you it is not. Mayor Ferre: We're paying twice. Why should the citizens of Miami who over the past 50 years have been paying for a system now, we are truing to get tagrd all ov-r again and the people of Miami are going to pay for a system which is not going to service the City of Miami basically. 'r:; system is being expanded to service the metropolitain area which way under 50% unsewered, and yet, the citizens of Miami, do you follow me? Mr. Worley: Yes, sir. Well let me say this. I'm not here with figures to argue against that, but there are argu ments against that. I mean the people who connect to this sewer system out West are paying a contribution to the plant out here. Mayor Ferre: I know all about that. Mr. Worley: The expansion of the plant at Virginia Key is also for increased treatment. Now the City of Miami is going to --- Mr. Plummer: Mr. Mayor, for sion of this plant increased before the transfer. That's Mrs. Gordon: your edification, sir, the expan- our water rate from 94% to 129% just a few figures for you. There was a motion to defer, Mr. Mayor. Mayor Ferre: We just want to explain isn't as simple as it may seem on the a motion, is there a second? Jr. Plummer: I seconded the motion. what is involved in it. It surface. All right, we have The only discussion, Mr. • Mayor, I want M. Worley to have free latitude y to be in contact with the City administration on any of these facts or figures that you need. Mr. Worley: Can I ask a question? What can be accomplished by the delay? I really don't see Mayor Ferre: Hopefully an open meeting between the Water and Sewer Board, Metropolitain Dade County and the City of Miami so that we can put all these things out on top of the table. And maybe the Chase Manhattan would have to understand our position. Any further discussion? Mr. Worley: Could I suggest something then, if that is your intention, would you add to that motion, your intention to re- soove some of these matters and to indicate a desire to sit down with us and the County and the Chase Manhattan. Mrs. Gordon: The first motion is to defer, then we cal follow. Mayor Ferre: We can do it in two motions, let's do it that way. Have a separate motion. All right, any further discussion on the motion to defer? Call the role. AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. The following motion was introduced by Mrs. Gordon, who moved its adoption: MOTION NO. 74-199 A MOTION REQUESTING THE CITY MANAGER TO ARRANGE A MEETING WITH ALL PARTIES CONCERNED ON THE MATTER OF PROPOSED WATER DEPARTMENT TRANSFER AGREEMENT, INCLUDING REPRESENTATIVES OF THE CHASE MANHATTAN BANK. Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plum- mer, Reverend Gibson and Mayor Ferre. NOES: None. Absent on role call, Mr. Reboso. 9i MAR 141974 • 42. CALCULATION OF FORMER CITY, MANAGER'S PAY PERSONAL APPEARANCE OF M.L. REESE JACK R. RtCE, ATTY. The Commission took up for consideration the matter of accumu- lated vacation for former City Manager, M. L. Reese *-- the payment therefor. Attorney Jack R. Rice, Jr., representing Mr. Reese, appeared and made the following statement: I received the memoranda from Mr. Andrews, and I want to bring your attention to a correction on his memorandum of the 13th in which he states that the formula is one which was embodied in a ,?roposed resolution drafted at the time that Mr. Reese was retiring, and he had a schedule of payment of sixteen hundred and thirty hours on this memorandum, with the vacation taken deducted from the first year's accumulated. That formula was not embodied in Mr. Reese's first resolution at the time of his retirement. That's what I agreed to two weeks ago when I was here. Two, in just seven days will be Mr. Reese's fourteenth anniversary that he came to work for the City of Miami as City Manager. And three; Reverend Gibson brought to our at- tention the accumulation of vacation time that comes to employees who are fortunate enough to last a number of years here, and you know nowadays under the accumulation plan an employee such as myself when I retired was receiving thirty-one vacation days a year. Now, if you use that perspective to Mr. Reese --City Managers have a very short life span in government --the longest tenure was six years before Mr. Reese. Mr. Reese lasted six years; had a hard time; got back on the blanket again --by that I mean was re -nominated for the position --and lasted thirteen and a half years. So his tenure, as a city manager's goes, is like Methuselah. He has quite a tenure. I have prepared a resolution, which I have given the City Attorney a copy of, which embodies our requested arbitration of the figures of last week. Mayor Ferre: Would you pass those out? Mr. Plummer: So that we can understand each other, let's talk dollars. What is it that you have agreed to? Mr. Rice: It's approximately ten thousand dollars less than he would have received had he been paid as originally contemplated. Mr. Plummer: And what is the new figure? Mrs. Gordon: Contemplated by what method of calculation? Mr. Rice: By the method that was first --as any other employee that separated from the city; on the thirty days per year. Mayor Ferre: What's the total amount of money that is involved? We understand the principle. Now we want to understand the specifics. Mrs. Gordon: I want to understand something -- Mayor Ferre: Now, wait a minute, Mrs. Gordon. I'll recognize you in a moment. Mr. Rice: That he would receive now would be twenty-three thousand, nine, eighty-nine, sixty-one, which would be what he would receive. 9) 3-14-74 MAR 141974 Mrs. Gordon: You answer the question, or Mr. Reese can answer the question, because 1 was reading back into the minutes of September the 13th, and I don't understand these minutes, be- cause in these minutes in more than one place it recites that Mr. Reese received certain fringe benefits while being County Manager in Maryland, and then, Mr. Reese, you reiterated yourself that you received --and I read your quote --thirty working days at --fifteen sick days, etcetera --then some more: and S left Montgomery County they did not --it was part of the agreement --compensate me for un- used sick leave --this is all irrelevant, but the part that is relevent is, this was well understood, if I didn't use them I lost them, but I was compensated --so on and so on. You keep referring to thirty days as being your fringe benefits in Montgomery County, and then we received a notification from Montgomery County which reiterates something entirely different, and I just don't under- stand the difference. Twenty-one days is what the letter that came back from Montgomery County said. So the difference is, according to the Manager, Mr. Andrews' calculations --I am not calculating -- but Mr. Andrews has some calculations, and maybe he can inform us of what his calculations are, basing the calculations, as he put it, upon the Montgomery Plan. 1Now, are you denying, Mr. Reese, that this is correct. If it's wrong, if Montgomery County sent us the wrong information, then it ought to be part of the public record. P. W. Andrews, City Manager: Perhaps I had better explain all four methods that were used in arriving at these different figures. One of the four methods addresses itself specifically to Mr. Rice's recommendation to the Commission at the last meeting in which Mr. Rice was offering a compromise as to the way the severance pay for accumulated vacation would be calculated. On that formula -- and I'll explain it to you --the severance would be an additional twenty-three thousand, nine hundred and eighty-nine dollars and sixty-one cents, and it is based upon --- Mrs. Gordon: How many days are we speaking of, per year? Mr. Andrews: This is based on thirty days per year. Mrs. Gordon: This is the point that has never been estab- lished. Mr. Rice: Can I answer that? One, introduced before the Commission was Mr. Reese's payroll record, which shows that he was credited with thirty working days per annum from the first day he was employed as City Manager here. Two --- Mrs. Gordon: When was that? Mr. Rice: We did that on the first day. Two; Mr. Steve Clark testified that it was thirty days, in his opinion, when he was Mayor; and three, that at the time he was hired Mr. Dutch Willard was the City Manager, and he received in excess of thirty days per year, and the resolution retaining him said he would receive the same benefits as prior city managers. 3-14-74 9u MAR 141974 Mrs. Gordon: Managers; and the previous managers did not receive this much. Mr. Rice: Yes, but he received everything that Dutch Willard received. Mrs. Gordon: Dutch received a severance pay. Mr. Rice: Well, it was thirty, something,days. Mrs. Gordon: Yes, but it was a severance pay, and I am just disputing it to clear the records, because whatever we do today, of course, will be conclusive, but the records ne,,d to reflect the actual facts, and Willard, when he left the city after eleven months, he was given a severance pay. Also, I quote from your statements here on September the l3th, you said they also told him that he would receive the same fringe benefits that he received while being County Manager in Maryland. His fringe bene- fits at that time was thirty working days per year vacation. Again Maryland did not confirm that. Mayor Ferre: Any further questions, answers, discussion? Mr. Plummer: Only for the record, I kind of drew the con- clusion, maybe wrongfully so, that on the offer of counsel at the last meeting that we were in, accord. The only discord at the time was the calculation as to tl.e payment. Mrs. Gordon: I disagree with you, Mr. Plummer. Mr. Plummer: OK; that's your right. Mrs. Gordon: Because we never discussed the number of days at the last meeting. We only discussed the calculation of what- ever it would be against the year it was earned. Mr. Plummer: It had to be, Rose, something to use for cal- culation, and if they didn't have figures to calculate from I don't know how they derived a figure. I am not saying that for argumentive purposes. I am merely stating that I thought the feeling of this Commission was at the time that in fact Mr. Reese was due, and because he had agreed, through counsel, to a compro- mise, that let's just get the figure and we would pay it. I am just stating that for the record; that's not for argumentive pur- poses. Mrs. Gordon: What we need to establish is the willingness to estimate the amount of money upon X number of days per year, and once you establish that the rest is mechanical, according to Mr. Rice's suggestion. Mayor Ferre: Mr. Andrews, do you have anything you want to tell us? Mr. Andrews: Yes, I have an opinion. Through all the years that I worked with Mr. Reese his accumulated vacation was listed on a sheet that we received from the Department of Finance. I was listed on it. The rest of the City Manager's staff was listed on it. The number of people varied through the years from fourteen to 9' 3-14-74 MAR 141974 twenty, but each year this listing would come up, and it was signed by an agent within the Finance Department indicating that it was a true and correct record of the time that was being accumulated. Those statements clearly reflect that the Manager was accumulating vacation at the rate of thirty days a year. Mrs. Gordon: Can I ask a question --- Mayor Ferre: Now, Rose, we have heard all this, We have heard enough on this from both sides, We have got a lot of other things to take up today. I will now entertain a motion --- Mrs. Gordon: One question, please. I would like to ask you, Mr. Andrews, if you can get Mr. Bailey. Was he the person that was responsible for the thirty -day crediting to the account? Mr. Andrews: He personally was not. Mrs. Gordon: Was he aware of it? Mr. Andrews: I would have to assume so. These were employees under his responsibility. And when it finally got down to Mr. Reese's retirement, and the records then began to be checked more carefully as to the authority for this, then it was uncovered that there was no specific resolution that set this up, and that's when Mr. Bailey was forced to make the decision he did. But from the point of watching this process through the years --and I reflected this once before when I was asked for my opinion and my recommenda- tion, and what my feelings were. I indicated quite clearly that I believed, and still believe, that Mr. Reese is entitled to the thirty days. Mayor Ferre: Now, lady and gentlemen, we have discussed this. This is the third Commission meeting that I have chaired where this matter has been discussed. I have a file that thick on it (indicating) I have read every single word of previous hearings, letters, correspondence, opinions. I don't think there is anything new to be added. We all know what is being discussed here. We all have an opinion, and I think it is just time to get on with it, and vote; so the Chair will now take a motion, if there is a motion. Reverend Gibson: Mr. Mayor, I am not going to make a motion. I remember --you were not here, I don't think, when we were arguing this point, Mr. Mayor. Mr. Bailey came in that door. I am prepared to make that motion --Mr. Manager, call Mr. Bailey. Mr. Rice: I'd like to say something about Mr. Bailey before he comes here. One is that he stated previously that he never raised the question when anyone took a vacation from the City, if they were the City Manager, the City Attorney, or City Clerk --and particularly the City Manager --if he took thirty, thirty-one, thirty-five days, he never raised the issue. And he further says if this Commission passes a resolution authorizing Mr. Reese to have thirty days he will pay him. And he further said that he never told Mr. Reese that his thirty day vacation was in dispute, and to raise it at the time he is leaving is certainly poor timing, because he then put himself, or put Mr. Reese in the position where he had retired, and had no other recourse but to return and decide the issue after his retire- ment. I am assured --and I am sure you will agree with me --that it would have been much easier if you had done it beforehand. 96 3-14-74 MAR 1 4 1974 Mayor Ferret Mr. Bailey, Father Gibson has a question to ask Of you, sir. Reverend Gibson: Mr. Bailey, I remember when we were trying to settle this matter of Mr. Reese's pay for unused time, you had an opinion. We have before us some figures relative to accumulated days. Now, whether it was the understanding of thirty days or twenty-one days we are not arguing. That is I am not. I want to raise the question: You had something to do with the computation of these figures, didn't you? Wendall R. Bailey, Director of Finance: Yes, sir. Reverend Gibson: You certify to us to the best of your knowledge --let's assume that we are going to use the thirty -day business --these figures are correct? Mr. Bailey: They are. Reverend Gibson: All right, sir; that's all I want to hear. Mrs. Gordon: I want to ask you a question, Mr. Bailey, since you are here, and I am going to ask you the difference between the twenty-one and the thirty -days, and why you carried it at thirty and didn't let Mr. Reese, or, anyone else know, apparently, that there was no such resolution. I don't understand that kind of thing. How could we, or he, not know. He is being carried at thirty and I guess he assumed that he was supposed to get the thirty. Mr. Bailey: No one ever claimed thirty days for several years after Mr. Reese was here, and then when it was claimed a notation was made at my direction on the records in the Finance Department that it was not to be paid except on a ten-day basis, which was the rule in effect at that time. I had nothing in writing; no resolution. There is no ordinance, nothing to authorize thirty days for Mr. Reese or anybody else. Reverend Gibson: In view of the fact that I raised the ques- tion about the days, and Mr. Bailey said the computation of these figures is correct, and in view of the fact that I feel that --well in view of the fact that previous mayors and commissioners came here and said that this was their understanding, rightly or wrongly, and in view of the fact that I believe in fair play. I think that a man ought to be paid. Unfortunately we did not narrow it down to twenty days or thirty days. I'll tell you what it does say. Everybody from this day forth is going to know how much time he or she will be getting, and so that nobody will misunderstand what I said last week, tell all the people who work for the City who have unused time, we are going to pay them for that time, but beginning January 1, 1974, there ain't going to be no more accumulated time, baby. And I offer the motion with that statement. Mr. Plummer: Wait a minute. Clarify your motion. Unless jus- tified before this Commission by--- 3-14-74 9 J MAR 14 FF74 Reverend Gibson: Yes, r made that stipulation; unless the person comes to this Corranission and justifies --- Mayor Ferre: Before the end of the year, is the way you put it, Reverend Gibson: Yes, before the end, that he is needed and cannot be done without. Then we, the Commission, must then give that person the right to accumulate the time. Does everybody under- stand that? Mayor Ferre: We passed a motion to that effect. Reverend Gibson: Yes, but I think there was a little doubt, Mr. Mayor, in somebody's mind as to the interpretation. Mayor Ferre: Is there any doubt now? Mr. Plummer: Well, wait a minute --- Mayor Ferre: J. L., that's another subject. It's a similar subject, but let's get this thing with Mr. Reese out of the way. Reverend Gibson: I move, therefore, that the former City Manager be paid the money based on this computation in view of the fact that I have no other document to argue against it. Mr. Plummer: You are speaking of the document which reveals twenty-three thousand, nine hundred eighty-nine dollars and sixty- one cents? Reverend Gibson: Yes. Mr. Plummer: I second the motion. Thereupon the above motion was adopted by the following vote: AYES: Reverend Gibson, Mrs. Gordon, Mr. Reboso, Mr. Plummer and Mayor Ferre. NOES: None. Mrs. Gordon: I am going to vote yes for the reason that the evidence all the way up and down the line is inconclusive, but Mr. Reese did a good job for the City, and I vote yes for that reason. Mr. Plummer: I make a motion that the funds be transferred from the Contingency Fund to the Finance Department so that it can be paid. Reverend Gibson: I second the motion. Mayor Ferre: Call the question. Mr. Plummer: He says we have got to prepare a resolution. Mr. Rice: I have a resolution. Mayor Ferre: I'll read it by title. (Whereupon the Mayor read the title of Resolution No. 74-200 as follows) The following resolution was introduced by Mr. Plummer, who moved its adoption: 1 u 3-14-74 MAR 141974 RESOLUTION NO. 74-200 A RESOLUTION STATING THE FINDINGS OF THE CITY COMMISSION OF THE CITY OF MIAMI THAT THE TERMS AND CONDITIONS OP THE EMPLOY- MENT OF M. L. REESE AS CITY MANAGER IN- CLUDED A VACATION PERIOD OF THIRTY (30) WORKING DAYS PER ANNUM WITH ANY UNUSED PORTION THEREOF TO BE CUMULATIVE; AND AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY M. L. REESE SUCH SUMS THAT ARE DUE AND OWING FOR ANY UNUSED PORTION OF SAID VACATION WHICH HAS ACCUMULATED (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. Mr. Plummer: He has still got to prepare a resolution to transfer the funds, and he will bring that back. Mr. M. L. Reese: I want to thank the Mayor and Commissioners for their vote. I appreciate it. And now I'll answer Mrs. Gordon's question. In 1955 I negotiated with Montgomery County, Maryland, the then elected officials, for the thirty days, for an automobile on a twenty-four hour basis for my own use, as well as official city business, plus other consideration that it is not necessary to go into. In 1957 the profile of the elected officials changed, at which time the document was adopted that Mr. Andrews supplied you. I left there in 1960. I resigned at 11 o'clock in the morn- ing. I did that so Robert King High could make the announcement here at 11 o'clock in the morning, so there would be no conflict of one place leaking against the other. At 2 o'clock in the after- noon my resignation was accepted with the stipulation that they pay me based on the 1957 resolution. So I mis-spoke myself, but I have gone back and reconstructed it. Now, the second point: I negotiated with the City Commission of the City of Miami. I started in January. I came down here on a number of week -ends, time after time, for interviews and discussions of why they wanted me. They solicited me; I did not solicit them. When we concluded the conclusion was that I would be given thirty days vacation. I would also be supplied an automobile. And for consideration I stipulated that I would live in the City of Miami, and I would not move out as long as I was City Manager. Now this is the whole story, and I didn't want to cloud any issues or befuddle anything by bringing this out prior to Mr. Rice making his conclusions. Thank you, and now everybody's conscience can be clear. 43. VACATION CARRY-OVER FOR CITY EMPLOYEES: In connection with the foregoing subject matter Mr. Plummer made the following statement: Mr. Mayor, the City Manager raises a question that I think needs to be brought to the table right now, because Father Gibson and the rest of this Commission voted a certain way, which I under - I 0 J. AR 141974 stand can't be without first changing the rule of Civil Service. Mr. Andrews, address yourself to that. P. W. Andrews, City Manager: The Civil Service ordinance that is now in effect provides that civil service employees can accumulate and have continuous accumulation of ten days, not necessarily by choice of the City, but by choice of the employee, and we will have to, if the Commission wants to continue pursuing this, we are going to have to go back and adjust that so that the provisions that you want to apply can be applied. Mr. Plummer: This speaks also to another point tha'. you better remember, that's going to come right in behind it. We allowed, some two or three years ago, we allowed them to bank their sick time up to a hundred and twenty days. Mr. Andrews: No; let me explain that. The hundred and twenty days is a limitation on the severance that they can receive upon service retirement from the City. You can bank up to a hundred and fifty or a hundred and seventy days, but you can't get paid for more than a hundred and twenty. Mr. Plummer: Now what was the one we increased to two forty? Mr. Andrews: No; you increased it from sixty to a hundred and twenty when Sergeant Printz came before the City Commission and discussed all this. He wanted to make it unrestricted; to accumulate as much as possible and be paid for everything that you accumulate. The City Commission doubled this and went from sixty days to a hundred and twenty days. Anything beyond a hundred and twenty days cannot be paid for. Mr. Plummer: This all has a portion to play into that, so I think you better get this whole ball of wax together. Mrs. Gordon: Could we defer this portion of our conversation until later? There are people here wishing to speak to another item which we are going to take up. Mr. Andrews: Maybe what I had better do,before we close the door on this subject, is to get this down in writing to the City Commission in a succinct form, all of its elements, so that you can look at it and then make some decision based on that. 3-14-74 102 MAR 141974 44. FEDERAL REVENUE SHARING FUNDS - PERSONAL APPEARANCES AND PILOT PROGRAM_ flN DAY ARE R THE ELDERLY ... Mayor Ferret I have a communication here which I will read to the record. Senator Claude Pepper called expressing his regrets about not being able to be present this afternoon because of another commitment which he can not get out of, but he would have liked to have been here to express himself in favor of assistance to the elderly as outlined this morning, and asked that this be read to the record. Mr. Plummer: Also for the record, Mr. Mayor, I would like it to reflect that this memorandum which is dated the llth was not received by me until the 12th, I'm sorry, it was received the latter part of the day. I didn't personally get it into my hands until the 12th and I think that I have to lay it 111 out. I think that it is unfair to bring before this Commission and ask us to expend roughly, what is this package Paul? Mr. Andrews: I'm not asking you to make that decision today. I just want to make sure you know what is available, what the City Manager's recommendation is as to the expenditure, and I'm not asking you to act on it today. Mr. Plummer: I'm sorry. I got the impression maybe from the other items. Mr. Andrews: This is in response to Commissioner Gordon's re- quest that we review the status of the revenue sharing funds and she asked that it be put on the agenda. It is on the agenda, all the information is here, but I'm not asking you to make a decision on it today. Mrs. Gordon: J.L., I did ask it, and I asked for a specific reason so that we may look at it and see if there are funds, in fact, available. The reason is, as you know, that the Elderly Day Care program needs to be funded now because the administrator who will set up the program has to be obtained, and this takes time because this does have to go the Civil Service Route, and we have to know that the City is going to go forward and thatis why I asked the Manager to supply this today. That is the only thing that has to be voted on now. Mr. Plummer: The only point that I wanted to make was, I didn't think it was fair 24 hours in advance of the meeting to give me a document and expect me to digest it and intelligently vote on it. , Mrs. Gordon: I agree with you. We're not going to vote on the other things, but I do want to move the resolution now since this is the time of the day when we said we would take this up to fund the Day Care for the Elderly with the $50,000, and I so move. Mr. Plummer: We said that we would discuss it at this time of the day. Mayor Ferre: She's made a motion now, is there a second? Mrs. Gordon: Would you wait until Mr. Reboso comes back? Mayor Ferre: What I understand you are telling us here, Mr. Andrews is that we have $2,957,422. And you are also stating 103 that i0otr ±ecc►ntnendation is that it be used in the tollow►ing ways . $,SG, 000 for the Police Expansion Program. M±. Andrews* No, this is to replace the funds that were taken for it. Mayor perm: The replacing of that. Mr. Andrews: Yes, sir. Mayor Ferre: Which in other words means that it goes to other programs Which we have outlined previously and which we went on record for. Mr. Andrews: Yes. Mayor Ferre: $849,422 for the purchase of Dinner Key Properties. Mr. Andrews: That is correct. Mayor Ferre: Appropriation of Funds to provide Further adjust- ments to existing pay plan estimate, $350,000. Mr. Andrews: Yes, sir. Mayor Ferre: Fund costs of Police examinations required by Court order'$52,000. Mr. Plummer: Mine is dated March 11, State Revenue Sharing Mr. Andrews: That is a different matter entirely. We are talking about Status of Federal Revenue Sharing. Mr. Plummer: What you're saying is that this memo was not deliv- ered to us until the book was delivered today. Mr. Andrews: I think it was sent prior to the book and included in the book also. Mayor Ferre: Replacement of Fire Equipment and other funds for fire -fighting services $450,000. Mr. Andrews: This was discussed at budget time. Yes. Mayor Ferre: New and additonal sanitation equipment $275,000. Mr. Andrews: This also was discussed at budget time. Mayor Ferre: Motor Pool Replacement $150,000 , Public Works Equipment $75,000. The total of all this is $2,957,422. Now if we pass the appropriation, if that is the word for $50,000 of these monies to be expended in the proposed Senior Center Program at Legion Park, we will have to reduce one of these programs by that amount. Mr. Plummer: No, Mr. Mayor, your total allocation is $2,900,000 and you nave a total surplus of $2,500,000. Right? Mr. Andrews: $2,958,000, and this program is $2,957,000. It is within a thousand dollars of the funds available. Mayor Ferre: Now which one are you going to eliminate if this Commission votes for that $50,000. Mr. Andrews: Well, I recommend to the Commission that they not eliminate anything, and I don't want my comments misunderstood 10 • because 1 am in 'complete accord with what the commission is try- ing Y ing to accomplish but the Commission has made some commitments, and 1 have since that tune made some commitments to people who have written to me as the Commission suggested to me that they write to the City Manager so that he could catalog and have ready to present to the City Commission a variety of social programs that people are interested in, and it was my full understanding that the City Commission had taken a rather positive stand that at the next budget hearing that they would hear from all of these individuals interested in the variety of social programs so that they could all be evaluated at one time and a decision made as to the spending of the 74-75 Revenue Sharing Monies which we'll be bringing to you. Mrs. Gordon: Mr. Andrews, please let me point something out to you. This is not somebody we are going to give something to, this is a City function in the City Parks with Revenue Sharing and I would like to call on Dr. Bruce Quint who is he:'e and can speak on what the intent was of Revenue Sharing. I want to call your attention also to the fact also, that in your memor- andum you point out that it takes 18-24 months for delivery of equipment and you want us now to put that money where? Put it away until you get the equipment, or do you pay for equipment two years in advance of getting it? Mr. Andrews: No, the City Commission prior to receiving bids and awarding a contract, according to the Charter must have the money available to enter into those kinds of agreements. Mrs. Gordon: Well, I think that the human needs are more than the needs of the trucks that you are talking about, and certain- ly you can say that $400,000 would be an ample amount for that need that you are expressing for these vehicles, and I don't be- lieve that this Commission ever intended to set aside all people programs for some future time. Mr. Andrews: I'm not in disagreement with you, Mrs. Gordon, but I am in disagreement in the way you are approaching this because I thought, and had a clear understanding when we had the budget hearings that the Commission would not introduce any new addiitional programs during the middle of the year. That you would take these all under consideration at the time that the budget process was under way and you'd have all these hearings. I've had people, and we have letters in the files, and we have returned letters to those people when they've advanced social programs and wanted to come before the Commission and plead their case that they wanted revenue sharing money. We said please, document your case, submit it to me, so that we can present it as a complete package to the Commission at budget time. 1 O aJ MAR 141974 M. Gordon: We're not giving some organization money, we're tallying about the City p roviding services to people. Mr. Andrews: That's right. United Fund is involved in this process too. Mrs. Gordon: The United Fund has nothing to do with this part. icular program. This is a City of Miami program. Only: Mt. Andrews: All right, that's up to the Commission to decide. You have my recommendation based upon what I believe was the understanding of the Commission at the time. If it is your wish to change that, that's the Commission's prerogative. Mrs. Gordon: Mr. would you speak to the issue of Revenue Sharing as you heard it when you were in Washington. Mr. Andrews: Before he speaks, Mrs. Gordon, may I just offer some additional information. I don't wish to appear to be a road block to anything that the Commission wants to accomplish. I am certainly going to work with the Commission when they make a decision, and you can be sure we'll work real hard at it to achieve whatever the Commission decides. There's one more very serious area, and I must raise it at this time before you go too much further and give a great number of people hope that a cer- tain program can come into being, when maybe it cannot. This Legion Park. Building was constructed with bond funds, Recreational Bond Funds for recreational programs. Now, I think you had better very carefully weigh that because if this is to be a pilot pro- gram and you are going to repeat this program throughout the Parks System, then you have to weigh the fact that you made a commitment to the public that the bond funds would be spent for recreational programs. You have to come to a conclusion, does this constitute a recreational program? Mrs. Gordon: Do you want to tell me if you are old you cannot enjoy' recreation? Mr. Andrews: Yes, ma'am Mayor Ferre: All right. Let me make a statement on this. This Commission had before it Chief Garmire on what was obviously a critical need where he requested $750,000. Now we gave it to him. That was a social need. It was a need oriented towards the needs of people. It didn't solve all of the problem, it solved part of the problem. He has since come back, and he wants another million dollars, which might be two, as you said this morning. Now, we took an exception and we passed a smiliar motion for Child Pare Centers and funded them in the amount of $500,000. Now this item is $50,000. What I object to, I want to say it very openly, is the process.of doing this this way at this time. The time to do these things is during budget hearings. I was not a part of the budget hearings this past September. I will be a part of the budget hearings this coming September and I am going to make a statement so that nobody will misinterpret me, at some future time when the pressures are on us. You know, how can I vote against a social need of people that are in need, the senior citizens. It puts me on the spot, because you know, then I can just see that somebody will say well you voted for a lawn mower over the needs of people. But I want to make a statement for the record for the future. I don't care what item it is or what social need is involved, and I can say this, I was not involved during the process of choosing this budget; but on the other hand we didn't know that we were going to get this money at that time, as I understand it, so this opens up a new ball game, but I want to say this. This is the last 106 MAR141974 such thing that will vote favorably for bween now and budget time. I will not make any other exceptions. I just want to make it clear, so that when three, two months from now somebody else comes up with another,program, they say well now can you not vote to help a series of people that are in serious need? I understand that as government we have to adapttosocial needs, but the social needs of these people were just as present in October as they are today and it wasn't presented at that time during the budget hearing and that is the way this City Government has to be run. Otherwise, ladies and gentlemen, we end up with pandemonium. That is what the budget process is for. The budget process is for the purpose of airing all of the needs of the citizens of Miami, both from the department and from the public and that's when we make these decisions. Mr. Plummer: Let me just expound on that for a minute because you weren't here, and the rest of us were. You know, even though I was in a great disagreement at budget time wi:'i the way some of the funds were spent, had this particular item been brought up at that time, and let me refresh some memories, we got down to the point --not me, because I voted against most of them-- but it got down to the point that well, you take this, you take this, you take this, and you get what's left over. You know, now had this thing come up at that time and been fair to all other groups who were here asking for funds, which a great number were cut down, it seems unfair at this time to allow any group to come in and ask for funds when noone else is having the opportunity. This just doesn't seem fair to me. Mrs. Gordon: JL, honey, this is not a group coming in to ask for anything. This is the City of Miami furnishing a service, like garbage pick up, like any other service that we offer to the citizens of this community. This is not some entity out there.... Mayor Ferre: Now wait a minute. What Commissioner Plummer is saying, Rose, I have to agree with his comment. Rose, if we were prepared.to say tomorrow, alright, now advertise, these are wonderful respectable people that have dedicated themselves to this specific program for the City of Miami, a social ser- vice which I happen to agree with, Ok? Now, if you were to ad- vertise tomorrow in the newspaper and say the City of Miami Commission will be hearing on April 25 or April 11 requests from different committees or groups in the City interested in social welfare, I guarantee you, I can think of three that I am sure would be here before us showing us the need for social programs with senior citizens, with children, with people who are in need, and I think that we would be hard pressed at that point to say yes to one and no to the other. That Mr. Plummer: Mr. Mayor, let me just bring up one other thing and I can't get it out of my craw , Mr. Mayor, you know we pay 21% of every dollar that Metro takas in. The CitY 9f Miami turn- ed over to Metro their social services division. 4.4ow where in the hell are they? Why can't these people make this same legit- imate, and I am in accord with it, believe me I am in more accord with this program as sponsored here today than some of the others that came up here and received funds, and I want you to know that. But where in the hell is Metro providing the funds, that funct- ion that we turned over to them, and we are still paying 21 on every dollar. Now it should seem like to me that Metropolitain Dade County, when they assumed an obligation should be paying the gaft. Mrs. Gordon: Forty citizens of the City of Miami, residents of the City of Miami are the only people we are talking about. We 10 `! provide other services for our people, but we don't provide for the old people, and this is a crying need, and it is a crying shame. We only provide for the healthy. we forget about those that aren't. Mayor Ferre: Rose, the point that I think Plummer is making and you have to accept that it is a valid point, is that those 40 people are also residents of Dade County. And they tax us and they receive revenue sharing funds also, and why shouldn't they pay afair portion of these type of services. Mr. Plummer: Now let me tell you something Rose, let me go a little bit further. I am in a position right now, in my think- ing that if we are going to continue these kind of programs, and let me tell you that I haven't seen really a bad one, I am in the favor of making a motion that the City go back into the Social Services Division and deduct that amount of money from the 210 per dollar we give to Metro because obviously for the City people, they are not doing the job, young, middle aged, or old. Mrs. Gordon: I agree with you, they don't do the job for us and they never will. Mr. Plummer: Now just.turn around and look at the 80 million dollar park program, the decade of progress bonds of which every city resident is paying 210 on the dollar and the audacity, that they said, here is what we are giving back to the City. Re -doing Vizcaya, re -doing the Dade County Auditorium, improving the roads on Rickenbacker Causeway. Sir, you can speak all you want, I have made these thoughts before and I stand here and six months later everybody keeps saying you were right, Plummer. You were right. I'm tired of being a wolf in the forest. Mr. Quint: Obviously this is a very sensitive issue. Mayor Ferre: State your name for the record, please. Mr. Quint: I'm Dr. Bruce Quint, I'm the executive director of the Senior Citizens in Dade County. It is a private agency, it's not Dade County. It is funded by the Federal Government and The United Fund. Nothing from Dade County. Approximately a month ago I was priviledged enough to go up to Washington, I was asked by Senator Pepper to testify before a select sub -com- mittee in the House of Representatives on the Nutrition Program. While I was there, Senator Pepper asked the United States Attor- ney General for a report regarding Revenue Sharing Funds, and he handed over a report to the Senator which was read into the record of that select sub -committee and it was specified that in the United States, and Florida was low on the list, that only .2 of 1/ of all the revenue sharing funds allocated went towards the elderly. Chairman Radovitz, of that committee was very ex- plicit in bringing to the attention that part of the revenue sharing funds was supposed to be going for programs for the eld- erly. Now I realize there is a sensitivity between the programs of the County and the City, but I would hope that on a particular issue like this, that they aren't the tools, or the vehicle by which you can iron out these difficulties because it was just brought to my attention, for example, that there is a $50,000 allocation going for park benches. I understand we are talking about systems and the time it should be presented. I am only an advocate for the type of program, and I would like to bring to your attention the idea that the revenue sharings, particular- ly in Florida have not been going to the programs for which they were designed and the Federal Government had indicated that they will hold up on funds unless the local communities absorb more of the share of the cost of these programs and it is up to you 106 MAR 141974 gentlemen I guess to work how, but... Mr. gluaker: I appreciate your comments, and obviously your interpretation of someone else's coMments because for your ed- ification, my friend, let me tell you that we sent a man to Washington and we spelled out in no uncertain terms where our funds are going, is this proper, and it was a resounding "V'es". This was 6 months ago. Dr. Quint$ I'm not questioning that. Mr. Plummer: But you said there is a possibility that our funds could be held up if we don't spend it properly. Dr. Quint: What I am saying is that-- I was speaking speci- fically towards programs for the elderly when they were talking about expansion of the programs that were already in existance with Federal dollars. I am only repeating now about try: .2 of i% of all the funds which have gone for the elderly and what they specified. They didn't specify Miami. They specified that if the local communities in the State did not assume a greater share of the cost for these programs that the Federal Government will not continue to assume all the costs, and that is all I'm saying. I am not talking about your other costs cause I'm not an expert in that matter and I have no knowledge about it. I am only talking to the programs for the elderly. Mr. Plummer: Fine. I agree with you. Now, turn around and tell me, since Metropolitain Dade County also enjoys more Federal Revenue Sharing than we do, they get some $11,000,000, we get sme $7,000,000. What are they allocating for the people of the City of Miami for those kind of programs? Dr. Quint: I would be more than happy to make the same state- ment to them, and I think they should allocate more also. Mayor Ferre: I want to make a recommendation and you think about it for a second. We had a similar problem come before us with legal services. Do you recall that? Legal Services wanted $90,000 and we said now look, this is as much a County responsibility as it is ours, so we are going to give you half of it and you go fight with the County and get the other half and that is one way to move ahead on this. Now I would be perfectly willing to accept that. Dr. Quint: I would like to say I will give you my full sup- port to get the County to kick in their share also. I am not against your position in regards to that issue. I was just asked today to speak to this issue of this particular program. Mayor Ferre: Dr., we have talked this one out. I think all the opinions have been stated, we are just going to be retread- ing. So let's see if we have a motion on it. Mrs. Gordon: Was there anything new or different? Mrs. Priscilla Perry: I just wanted to comment to the Mayor in terms of sympathy and good managerial policies with respect to budget. The only penalty that you are bearing, quite frankly, is the fact that this is a new creative notion which came after your formal budget hearing. That is the only reason that it did not enter into the record. Mayor Ferre: Dr. Perry, I understand that but we have a proceed- ure here and you know we can make exceptions to it, but the 10 MAR 1 41974 more exceptions we make, then the less valid the proceedure Mrs. Gordon: 1 will go along with your thoughts before, Mr. Mayor that you said you would like to see this go and then we hold^back and don't take any new programs, so l will move this be funded for $50,000 so the implementation of the program can begin and then for the next budget year, we can go and after we have a program that is a working thing, we can even go to the Federal Government and try to get money through the different funding sources, Mr. Mayor than we have today. We can even ask for some grants, but we are going to have to have a working thing to show them, and this could be the model to show them, so I move this for 50. Mr. Plummer: Mr. Mayor, I want my`ho"vote to reflect that I am not in discord, I think it is out of time, I think it is out of character. I will go so much to say that I would compromise on the proposal which I heard you say that we'll match and funds the county, cause I'll tell you, I would just love to get the county to commit to something in the City of Miami... It is not a second motion. Let her motion either rise or fall but I am going to vote"no"as proposed, but if you want to make your pro- posal again, I'll vote for that. Mrs. Gordon: JL, I'll tell you something JL, I think we should set up a guide, this model and then we go to the County and we say look, we need these things in other areas, now here is the thing,we want you to do, but we are going to have to develop something and show it to them and then they will get enthused about it and move it onto other areas. Mayor Ferre: I'll tell you what I'll vote for. I will vote for $50,000 provided the county matches it. Mrs. Gordon: We don't need $100,000 this year, Mr. Mayor. Mr. Mayor, it is just saying to us just kill the program. Give something to the program and don't make this the whipping stone for everything else you've got, or Mr. Plummer's got, or I've got against the county. We feel we're not getting a fair shake, but don't take this wonderful program for people and de- stroy it. I beg of you. Mayor Ferre: Dr. Podrado, are you going to add something new to this? Dr. Podrado: My apologies for being here in this fashion, but I was just passing through quickly. Mr. Mayor -- Mr. Southern: May I have your name please. Dr. Podrado, professor at Florida International University. I have not had the opportunity to share the meetings that Commis- sioner Gordon had in the committee for the elderly and I must say that I second the attempt to get this program going because I think it is very needed. I do feel however, that in order to avoid the bureaucratic mess that we find ourselves in many times, something like this should really be, Commissioner Gordon, more or less seen, or evaluated by the Regional Division of the Elder- ly which is actually the new division set up by Family Services within the State of Florida. Now, if you have the various pro- grams like Little Havana and the Youth Federation and all the other programs going on their own, I think it is going to be a bit of a mess. Mrs. Gordon: May I explain to you Dr. Podrado, because you and I are both deeply involved with people through our activities in 1iu MAR141914 the CAA and oth areas. Dr. this is different than the other programs because this is under the auspice of our own Parks and Recreation Department and we already have locations, we don't have to pay rent. We even have certain facilities we don't have to buy. That's the only reason we can go and start this innovat- ed new program which is a take off on the other existing programs but less expensive, and we can service it for 40'people for fifty thousand dollars or even some less which will be returned-- of course the City is not handing out the money to anybody, the City will be only paying the bills. The City will be its own book- keeper and take care of all the things as it comes along. If we try to disperse this and send it to any other agency, it will not come into being because let's face it, you know it and I know the bureaucratic process, and this is the surest way of saying that the program will never get off the ground, and since you believe in it as I believe in it, I hope you understand what I am asking my fellow commissioners to do is not to do something that is not going to work, but something that is going to bring glory to the City of Miami. Dr. Podrado: Yes, I just mentioned this, Commissioner Gordon because I have spoken at length with Commissioner Flemming in Washington, and as you know, he is the head of the Office of the Elderly, of the Aged in Washington. And it is my understanding that all of the monies for the elderly similar to these are going to go to the regional divisions. Dr. Quinton: This is not correct. This is only.through the title 3 of the older Americans Act and I would challenge the statement that a program such as this would be disruptive to the other activities. In fact, it would compliment it because the other programs cannot provide this type of service. I spoke to Dr. Flemming too about this. Dr. Podrado: I did not use the word to disrupt, but I hate to see a program of this nature just to be a one shot deal that only this year you will get the money. Dr. Quinton: I agree it shouldn't be a one shot deal. Mrs. Gordon: We don't want it to be a one shot deal, Doctor. The idea is that this would be the beginning and then we can take this package either to the Federal Government or to the State for Additional funds, but we have to show them what we are doing #1. #2 We can't use matching funds with revenue sharing funds so we can't say well, allocate $25,000, we'll go to the Federal Government for matching funds. They won't permit matching funds to revenue sharing funds. We are in a position right now of having $1,650,000 available to us, which we didn't have last October, the reason is that we had provided monies to be set aside for retroactive pay raises for our employees and the Federal Government said no, you cannot do this, 90 rather than spend money on trucks alone, as things which we need, but we could certainly spare $50,000 for a new social program, I am asking my fellow commissioners, and I am asking you to concur. Dr. Podrado: I concur with you, Commissioner, but the only thing that I don't want to see it happen is that later on this program which did not go through the division, the Regional Division of the Elderly may have some problems in the future. Mrs. Gordon: The second point through the division for money sharing money we could fund it see? Thank you. is we may never have to go because from our future revenue ourselves, if we want to. You Mr. Plummer: Rose, let's lay the cards on the table. You know 111 MAR 141974 MOD the very point tii t the Doctor has brought out, and 1 am glad to heat it, is the same point I brought out about the child day. Care Centers. What happens next year if we find ourselves in a position of Federal Funding, as a lot of people, namely Model City has found themselves with a Federal Dollar -Rug pulled out from Underneath them? And the answer was well, at least we did good for one year. Now this same thing can happen, and I think it is very=listen, the way these boye in Washington have been' pulling dollars. Mrs. Gordon: JL, I hate to remind you about the pay raises that we won't be able to pay the employees if we don't Mayor Ferre: A11 right, ladies and gentlemen, I want to express my opinion, and then I think we have to get on with the vote. #1, I am for the program, I think it is a good program. #2, I think we should not carry the burden alone, I think the County should help carry the burden. #3 I don't think that the City of Miami should get involved in administering a social Agency of this type. I think that we ought to look to establish, to the established structure within the community for such a social agency, whether it be through your office or United Fund, or through Metropolitain Dade County. That is my opinion. I think there is a substitute motion. Reverend Gibson: Mr. Mayor, I guess I want the best of two worlds. I can see what would happen to this budget, as much as I want money to be people oriented. I sat here with my eyes wide open and my ears really uncocked, and voted for these figures here and I run an institution on a system like this. You come up, you make your wishes known and the people who make their wishes known go away feeling that this is what they could expect. I could see us finding $25,000 somewhere in this maze of money here but I don't know we could find $50,000 and I want to offer a substitute motion: That we, the City find in this budget $25,000 and ask the County to do likewise, the addit- ional $25,000 to get this program on the way and then it isn't that we are trading people off against things, but you have com- mitted this budget and it seems to me the only fair thing to do is to listen to the needs of people and at the same time, if you don't get some of this equipment, I can tell you you aren't going to be able to keep this City clean and moving along, and that is the substitute motion. Mayor Ferre: All right, there is a substitute motion, Mr. Plummer: Do I understand the substitute that we will match $25,000 if the County puts up $25,000? Mrs. Gordon: What if they don't? That's just saying we don't have a program. Mr. Plummer: Then it is out the window until October. Mayor Ferre: No, not necessarily, then at that point we can discuss it further. Reverend Gibson: I personally don't want to put, to ask for the $25,000 with the strings. JL, I feel like we must take the lead- ership and be positive. We say we have $25,000. They need $50,000, County, can you come up with that $25,000. I mean, I just think if we went mealy mouth to them, they will do one thing. If we went positively then they come on up and be positive with us. Why don't we take that position, then, and this is an addendum. If you don't get the $25,000 at all, then come back here and talk with us. That's not a promise, that's not an inferred nor an im- 11g MAR 14 'Slit IMP plied prOmillbjilOOMs bac1 here. Mayor Petrel All right, there is a eubetitute motion, a eeco*id to the eubatitute notion? Mr8. Gordont May I ask you a question, Father, Mayor Ferret Wait a minute, let's see if we can and then otherwise, we will call on the original Mrs. Gordon: My question might bring a second. you saying then that we will commit ourselves to Reverend Gibson: Right. Mrs. Gordon: Inorder to make the difference we try to get it from the County. Reverend Gibson: Right. is there get a second motion. Father, are $25,000? should go and Mrs. Gordon: Would you say then that if we could get it from some other agencies ---. Reverend Gibson: I don't care. The name of the other agency with the money means nothing to me. Mrs. Gordon: Let's move it for $25,000 and then we will try -- cause we need more than $25,000 so we will.... Reverend Gibson: I sure want that County to come up with .... Mrs. Gordon: A11 right, I will second the motion for $25,000. Mayor Ferre: All right, now to do that you've got to)) withdraw your original motion and you withdraw your second, aria then we understand what we are voting on, right? Mayor Ferre: We're funding based on, if Metropolitain Dade Counp or any other agency coming up with $25,000. Mr. Plummer: Well, you see, I wanted the good old County to come up --- Mr. Gordon: Father said $25,000 and then we'll get it from some- where else, if we can. Mayor Ferre; That's not what I understood. Now as I understood, 114 MAR 141974 your's was a contional $25,000, is that` ght? reverend Gibson: No, sir. f said $25,000 that we would show that we are being positive. We are saying we have given this program $5,000, it needs $50,000, we ask you the County to come up with $25,000, If the County doesn't come up and another agency will come up with $25,000, thank God for us all, Mayor Perre: All right. Mrs. Gordon: We're funding $25,000 as I understand it. Mr. Plummer: Only if Mrs. Gordon: I didn't hear any only if. Mr. Plummer: Oh well fine, that's a clarification . Mayor Ferre: Father didn't make that. He said just straight $25,000. Mr. Plummer: No, I have to vote no under that pretense. I was hoping it would be the other way so I could vote for it. How can you ---these people have stood here and said that they can't start this program for less than $50,000. Did I hear that? Reverend Gibson: A11 right, let's use the term Pilot Program. JL, look. Let's assume that this program goes so well that may- be all of us may have to go up to Washington and say look man, this is a real good thing. We need $25,000, you don't need to ask for $25,000 because they would think that you don't have any- thing then, but you know, I mean you ask them for some money. Mr. Plummer: I still want clarification. Mayor Ferre: Well what is it you want clarified? Mr. Plummer: In other words, if we're just outright spending $25,000, I have to vote no. Mayor Ferre: Now, I turn over the gavel to Vice -Mayor Reboso, and I would like to make the following motion that we respect- fully request from the Metropolitain Dade County Board of Com- missioners that they allocate $25,000 in a matching fund that we have done so, and that we request that they match us for the purpose of implementing this Pilot Program which we strongly believe in, and which we think will be an innovative program which in the next six months, we hope will prove itself and will be a Pilot Program for them to implement throughout the County, and that we have no intentions of controlling such a program within the City of Miami since we have turned over Social Services to Metropolitain Dade County and we feel it is their responsibility and we are just going to contribute, so that they will do their job better, for the citizens of Miami who are also the citizens of Dade County. I so move. Mr. Plummer: l second. Now if you had made that a part of the other motion, I would have voted for the other motion. Reverend Gibson: Wait a minute. We have no problem with that because we accomplished the same thing. I, as the maker of the motion, I would like to accept that as a part of it. We want to get on with the thing. I don't want these people to be dis- appointed. Mr. Plummer: Fine, I will vote for it. 114 Mts. Gordon tottet me understand, because what that second Motion does,, it doesn't negate the first one. Mayor Ferret MO. Mrs. Gordont That $25,000 is still available for us to start work if we can't get it. Ok? Reverend Gibson: That's the intent. itt. Rebosos We have a motion and a second.. Reverend Gibson: Why don't we just make your's a part of... Mayor Ferre: All right, I withdraw my motion. Now, what we are going'to do, so we can get,this parliamentary correct. We have to recede the previous motion and do it all over again. Can we do it with a voice motion, Jack, so we can save time? `Toice vote? Mr. Lloyd: No, you're going to have to call the role. Mayor Ferre: All right, you are going to have to rescind your your previous motion, so make a motion to rescind it. Mrs. Gordon: No, let's not do that, why don't you move your motion... Reverend Gibson: Give me your wording and I'll add mine to it and I'll offer that as the motion and solve the problem. Mayor Ferre: That's what we are doing. May I, Mrs. Gordon, explain that we are a governing body as ruled by parliamentary proceedures. Now to do what you want to do which I am perfectly willing to do, you have to rescind the previous motion and re- make it. Mr. Gordon: Mr. Mayor, I am saying why you don't have to rescind it. You've done something that we want to do, we want to accom- plish with some funding. Now we want to get more funding, so we make another motion, and that's it. Mayor Ferre: All right, you want to make it as another motion. Reverend Gibson: No. I want to make the motion that we allocate $25,000 to the program and that we go to the county and ask the county for an additional $25,000 to help with this program, and that it is our understanding that we turned over our Social Ser- vices to the County sometime ago, and we have no intention of getting into the Social Service Field, and therefore, the appropriate agency or whatever group will take care of this pro- gram. Mayor Ferre: All right, now we have a motion by Father Gibson, is there a second? Mr. Plummer: I understand it. What he is saying is that after October that the County will assume control as they rightfully should. Mayor Ferre: All right, is there a second to the motion? Mr. Plummer: I second it. Mrs. Gordon: It is impossible for the County to assemble con- trol of this thing because it is in our Parks System and it is under our 110 MAR 419?4k- Mayor Ferrel Mrs Cordon. The intention is very clear that this City COMMisSiOn i, going On record that we are not going to get into Social. Services, Now it is a Matter of principal. If you are in disagreement with that, then vote against it. If you are in agreeMent that this is a responsibility that we turn over to Metropolitain Dade County then vote for it. I want to make very sure that we understand -that in principal today, or at least for this particular item is that we are saying that the City of Miami is not going to get involved in Social Programs. Mr. Plummer: Which you are indicating that after October 1, the County is going to have to assume control and financial responsibility. Mayor Perre: That's correct. Thank you.very much, Mr. Andrews: Mr. Mayor and Members of the Commission, I will have an appropriational ordinance prepared for the next commis- sion meeting with this included, and all the other item, for the Commission's considerations. In connection with the preceding discussion, the following motions were adopted by the Commission. The following motion who moved its adoption: was introduced by Reverend Gibson, MOTION NO. 74-201A MOTION AGREEING TO ALLOCATE THE SUM OF $25,000.00 FROM FEDERAL REVENUE SHARING FUNDS TO PROVIDE FOR A PILOT PROGRAM OF DAY CARE AID FOR THE FRAIL ELD- ERLY AT LEGION PARK. Upon being seconded by Mrs. Gordon the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: Mr. Plummer. The following motion . was introduced by Reverend Gibson, who moved its adoption: MOTION NO. 74-201B MOTION AGREEING TO ALLOCATE THE SUM OF $25,000.00 FROM FEDERAL REVENUE SHARING FUNDS TO PROVIDE FOR A PILOT PROGRAM OF DAY CARE AID TO THE FRAIL ELDERLY AT LEGION PARK, AND REQUESTING METROPOLITAN DADE COUNTY AND/OR OTHER AGENCIES TO PROVIDE AN ADDIT- IONAL $25,000.00 FOR A PILOT PROGRAM OF DAY CARE AID TO THE FRAIL ELDERLY AT LEGION PARK, WITH THE SPECIFIC UNDERSTANDING THAT THE CITY OF MIAMI ABANDONED ITS SOCIAL SERVICES TO METROPOLITAN DADE COUNTY SOME TIME AGO AND HAS NO INTENTION OF RE- ENTERING THE SOCIAL SERVICE FIELD, AND EXPECTS THE APPROPRIATE AGENCY OF THE COUNTY TO ADMINISTER SAID PROGRAM. 116 MAR 141974- Upon being seconded by Mr. Plummer the motion was passed and adopted by the following votes AVE'S: Mt. Plummer, Mr. Reboso, Reverend Gibaon, Mrs. Gordon and Mayor Ferree 45i PERSONAL APPEARANCE - HARRY RICHARDS REPRESENTING INSPECTORS IN PLUMBING DIVISION OF BUILDING DEPARTMENT HARD NG_ SALARY STEPS IN YARGER PAY, PLAN_ Reverend Gibson: Mr. Mayor, this is not on the agenda but I feel awfully bad. Some months ago, and this not your fault that this happened, at Mayor Kennedy's time. The gentleman there, sir, would you please stand up. I always,get this. I remember how 1 pleaded and JL Plummer says we live to regret. Now when it was said, there was talk of shall we go ahead and put budget into action and then Mr. Reese at the time said no, go ahead and pass this up. It will be worked out and we said alright. Now Mr. Mayor, what I am saying in substance is this. °: promise was made; I was part of the promise• I remember, I was '.oud in my mouth talking about it. A promisewas made to make right the wrong that we thought was done in your interest, and I think we ought to settle this matter one way or the other. Let me make this comment in ---. When I was in college, I heard, you need to know that the Governor of North Carolina and the Governor of South Carolina had very little dealings and the Governot of North Carolina said to the Governor of South Carolina, long time between drinks, now I just think it is a long time since we made the promiseto right that wrong, and I hope that some of you -- make right that wrong. Tonight. Mr. Harry Richards: Honorable mayor, my name is Harry Richards and I represent the Trade Inspectors of the Building Department. I was infront of the Commission, I think it was two meetings ago where Mr. Andrews was asked to see if we couldn't come to a solution with the matter that came up on March the 8th, 1973. I don't know if you still remember it but it was a part of the Yarger Report that was in error. At the meeting that we are talking about now, Mr. Andrews said that "I think I have a sol- ution if you will permit Civil Service Board to look at it and do it scientifically." Now infront of you is the report from the Civil Service Board, now if you will notice on those records they only show in all the different areas that the Trade In- spectors are on a higher grade than the plumbers, or the elec- tricians, or the maintenance men working for the cities. After this thing came through the City Manager turned around and said that I was going to send a letter to Yarger to find out if he could make the correction and find out why. A letter came back, I have the letter. I only have two copies of it, and for some reason or other, you have copies of the letter, fine. For some reason or another instead of comparing us with the personnel that works for the City, they compare us with the people working in the industry on the outside. Now, it is true that the men on the outside are making $9,$10, and $11 an hour, this is not what we were asking for. All we wanted was a correction. If you will notice that in any municipality the inspectors, as I said before gets a higher rate. We were always one step above the three people, I don't know if it is two or three, I think there is one plumber and two electricians and a couple of carpenters, I don't know. Over all the years, the Civil Service record shows, I only have one copy of it, that we were two steps above this particular group, all the years. Now it comes to a point where Yarger himself makes the mistake, and in fact, I have a letter here from Mr. Andrews, that he have a survey taken from the Miami Herald showing what the people in the trade on the outside are getting. Now this is not what we are asking for. What we are asking for is just to get back into the category that, we were 11 MAR 141974 before. one stet above which is a 27, right now a 29 and a 32 for the Chief Inspector. The only thing that we added to this particular item at the time was, that if any inspector carried a Master's License or a General Contractor's License he gets an additional step because these would•be the only people that would be subject to going up the ladder and maybe becoming the future chiefs of the City of Miami in the Building Department. Now the starting grade is $5.81 an hour, 1 am on a top rate, and I am making $7.01 an hour. Mr. Plummer: (inaudible) annual salary? Mr. Richards: I'll give you a monthly salary. My rate, on the top step is $13,998.00, and 1 am on the top step. Reverend Gibson: What would this mean for those men that you are talking about? Mr. Richards: Well, the men--- it would be $15,434.00 if they went to the top step in my classification. Mr. Plummer: Let me ask you this question. Was your salary redlined in the Yarger Plan, or were you increased? Mr. Richards: No, we were not redlined. We were increased. Mr. Plummer: All right. Now, are you aware that there were many people in the Yarger Study that were redlined? Mr. Richards: That is correct. Mr. Plummer: Are you aware that a lot of positions, you see, remember, a lot of people have a lot of misconception, that is this. This was not a pay raise across the board. This was a pay of equalization. Do you understand the difference? Mr. Richards: This is correct, but -- Mr. Plummer: All right. Now the point I'm trying to make, there are many examples in this City System, such as yours, now I know of two others personally. If this was to be a pay of equaliza- tion, and the way I understood it, if I am wrong, I stand correct- ed. It was to pay a man what he was.worth, not job classifica- tion not the scale --- Mr. Richards: If you want to reword it another way, when you say what the man was worth, I don't know if you remember, but it was very very hard to hire anybody from the trade to take a job with the City because there was nobody available, in fact, the outside employees were paying all of their men foreman's wages and general foreman's wages, and we could not hire. In fact, we took men from other states without any kind of certi- ficate and put them to work. In this particular area here, and this is what his survey reads, is that it is up to us to make the adjustment in the prevailing area. Now an apprentice on the outside, and here is the agreement. This is from the unions. An apprentice that has no knowledge, that goes to work and learns the trade. Mr. Plummer: Yes, but you're not comparing your job with that of an electrician are you? Mr. Richards: In what respect? I feel that if an electrician, if we want to make a comparison. Mr. Plummer: I am sorry, you're not comparing your job as a 11 MAR 141974 plumbing inspec' with a plumber? Mr. Richards* No. I don't want to, because I think I should be at least 10 steps higher than him. Mr. Plummer: Why? The point I was trying to make is this. You could not, in my estimation, consider yourself to be doing the amount of work, you might have the knowledge, and more knowledge, but we are talking about work. I am talking about getting out there and lifting in and lifting out and doing the actual physical work. I don't think the comparison is fair. Mr. Richards: All right, now you are doing the same thing. Now see, you are comparing ---- Yarger is comparing, that is his words, not mine, but I will make the comparison for you. I as an inspector, I handled the 40-story building downtown. I handle all the high rises downtown. When these jobs are under construction, I walk these jobs before there are eleva&"rs, I climb these ladders before you have any kind of a protc tion. We break our necks on that job until they get some type of temp- oray use for us to make these inspections. Physically, we do as much or more work, #2 we have to be smarter than the archi- tect, we have to be smarter than the engineer, we have to be smarter than a master plumber, we have to keep these jobs under control. Now for the benefit of the Commission and the City Manager, if you will take note in the years that we have been here, the City of Miami has one of the finest records as far as construction. goes compared to the County or any other city around us. Now when he makes a comparison, this particular survey here which is supposed to be a scientific one, there is Coral Gables which has one inspector, Hialeah, which has one inspector, the Dade County which an inspector does not have to make any kind of a record, but a yes or no answer on a job. We've got records since 1923 that are up to date until today where our inspectors have to do drafting and everything in the field with a pencil and an angle that we walk around with and any citizen, or any contractor, or any architect comes into our office, we've to prove him wrong, and I'm talking about all divisions, I'm only talking about the trades. I'm not talking about zoning, I'm not talking about Code compliance, I'm not talking about anybody else but people in the trade. You've got men here with 10, 20, 30 years of experience, and if you say that our job isn't physically and mentally greater than any other division, then for some reason or another, there is something wrong with the way this survey has been made. I say this, is that you talk about help- ing the Fire Department, helping the Police Department,fight crime. Believe you me, if you want to fight crime, you've got to come to the Plumbing, and the Electrical and the Building Department first because we can give you a healthy environment, if we can help these people live in a clean and a sanitary home, you're not going to have as much crime as you've got today. Mayor Ferre: All right, ladies and gentlemen, we've discussed this for over fifteen minutes, this is the third time that this matter has come before this commission, I think we all under- stand what's involved. Is there anybody else that would like to make a comment? Mr. Andrews. Mr. Andrews: Yes. Very quickly, I have gone over this, I have supplied the City Commission with a letter we wrote to Yarger, Yarger reviewed his records. He wrote back, indicated no error was made, restated his position which was the original findings. Rather than accept that and to give any benefit of doubt, I have written a memorandum, had a lengthy meeting with Mr. Paulk in my office in which I have requested that the Civil Service Board make a study in three areas of the wage plan. One is for the 1l i MAR 141974 garage person:Ake other is the clerical positions in the City, and I added the Building Inspectors, even against my own judge+ ment that 1 had closed this out and I had enough information to make a decision, but to eliminate any doubt, 3 included that group. The Civil Service Board and Staff is going to make a study of thie, they are going to relate it to the total plan, they will have an answer by April 15th, and I said I would abide as City Manager by those findings and make those recommendations to the City Commission when that audit is submitted. Reverend Gibson: What does the answer relate to? How many people are we talking about? Mr. Richards: 31 people. Mr. Plummer: Now wait a minute, that's not fair because that is only in your department. Mr. Richards: That's all I'm representing. Mr. Plummer: Father, there is a lot more people, that's what I've been trying to account to you. There's people in the com- munications department who are making the same contention as are other people in other departments, so you are opening wide a door. I'm not saying I'm opposed to you, please. I think my vote will reflect that but let's see what happens here, because there are more than 33 people. I see us getting back into a whole other study. Mr. Andrews: S00, 900 people. Mr. Richards: No, but I am saying that the Yarger report, at the time it was made, I brought this up and the error that was made is that he is comparing the inspectors with the outside plumbers and tradesmen and I was comparing it with the employees that work with the City, and I say that if you look at any record here, or any place in the United States you will find that the inspectors are always at a higher rate than the maintenance plumb- ers or electricians or carpenters that work for any municipality. I am basing it right here. Reverend Gibson: Mr. Mayor, I'm going to do this against my better judgement. I remember the discussion and I was a part of it and my understanding was then at that time that there was an error. I remember what the then City Manager said, JL Plummer, rest your soul, if we would only listen to you sometimes we wouldn't get into the messes we get into. Mr. Plummer: Can I ask a favor, don't ever say that again. Reverend Gibson: The fact remains, that we get in it. We do it always, apparently. I am going to offer the motion that these people be given that relief they are seeking. In good conscience I cannot sit here and hear that this ---for months. Mr. Andrews: I apologize for interrupting you, Mr. Mayor, and I shouldn't do so after making of a motion before it is seconded, but before you even get a second, you'd better hear from the City Attorney. You are taking something out of context of a pay plan that you cannot do, that you should not do because everytime you have a problem, that problem is going to end up here at the Commission table for resolutions and it cannot be resolved that way. Mr. Lloyd: I must refer you to the specific section of the City Charter on this subject which is Section 90. 12u MAR 141974 Mayor Fetre: Ate you giving us a legal opinion that we tan y g �P do this? Mr. Lloyd: Yes, sir. Mayor Ferret Father Gibson. Mr. Lloyd: The City Manager shall fix the number and salaries Or Compensation of all other offices and employees, that includes this gentleman. Reverend Gibson: But you know what is interesting to me? When the man read the question, the City Manager begged JL Plummer to let the plan go through. I remember that. What we should have done, we should have held all of the thing up. We should have listened to Plummer but we said no, and I wished this had come up when Mel Reese was here. He said ok, we could adjust it later. Now let me say this also. No one nee3s to start playing with one set of money, we cannot --- by the Charter. Then we start dealing with another set of money ---well maybe so, maybe not. Mr. Richards: Can I ask a point of information. Mayor Ferre: Wait a minute. Mr. Reboso: Mr. Mayor, the only thing that really worries me is that this man has been here three times, the City Manager has been doing a lot of research, and nobody asked the City Attorney before. Mayor Ferre: Where have you been, Mr. Lloyd? Why didn't you stop us in the beginning? Mr. Reboso: This is three times that he is here. Mx. Andrews: I stated that to the Commission when this gentleman was here before when I indicated I would write to Mr. Yarger. Now, Mr. Mayor, may I address my comments to Reverend Gibson, please. Commissioner Gibson, I did not only accept what Yarger has stated in that everything that has been done has been done properly, they are properly classified. In order to give these inspectors the benefit of the doubt, I put it in the hands of the Civil Service, they are going to restudy what Mr. Yarger did, they are going to come up with their own evaluation, their own conclusions. If this gentleman wants to submit his findings to Civil Service, it influences them in any way, that is fine. I have committed, that I will abide by the findings of the Civil Service Staff and Board. If that works out that they are justi- fied that they should receive the increase we will work towards getting it. Mrs. Gordon: I want to confirm with Father Gibson-- he is ir- ritated about and so am I because I want to tell you something cause when we passed that big old Yarger thing in a hurry and boy we were really pushed into that one fast, let me tell you something. We did it only because they said to us that all of these inequities would be straightened out and I didn't know we were going to have to harass people, like we are harassing the people here today to get it straightened out. I never thought that was going to be the case. Mr. Andrews: All right. The harassment comes about on the assumption that this gentleman is correct. He may not be cor- rect. He may not have a case before this commission. 121 Mrs. Gordon* Y'ou get the sense of enact it according to our attorney we think maybe there is soMe truth 410 the feeling here. We can't but if you sense our feelings in what is being asked of us. Mr. Richards: At the March 8th meeting, the reason for not get- ting you to approve that particular day is because the City Attor- ney got up and Said because of the Charter it could not be impli- cated until October 1, so we had to wait until October 1 because of the City Charter. When it came to October 1, nothing was done; then we went through all these surveys, and I proved, I think a half a dozen times that his error was with the -- and it is an honest error, maybe-- because his error was we, the inspectors of the City were comparing ourselves with the employees of the City, not with the outside tradesmen. If we had compared our- selves with the outside tradesmen then we were worth $15 an hour, but this is not what we want and I think that what we asked for was fair. Just to make that adjustment that there was an error made. Now I don't think you can find the record anywhe'-e, in any city, where the inspector was paid lower than the m intenance man of the cities in any municipality. Mrs. Gordon: I agree, I just cannot understand, how you, Mr. Andrews can condone that kind of thing. If it is within your prerogative to make this adjustment. Mr. Andrews: I can't find the justification to make the ad- justment. If I had the justification as I have in so many others, and with the captains and that, we searched and we worked and worked and we found the area in which the difficulty lied and we made the adjustment. There has not been demonstrated, ample evidence here, clear cut that these people are entitled to more. On the contrary, at this moment in time, I am satisfied that what Mr. Yarger has found is correct, but rather than let that stand where it is, I have turned this matter over to Civil Service, they are going to relate this problem to the total wage plan. Mayor Ferre: It has been over a half an hour so I am going to c call an end to it, so there is a motion and it has been--- Reboso seconds it, and the City Attorney says we can't do how are we going to resolve this? Mr. Lloyd: It is being resolved, the way I understand it. Mr. Andrews is researching the matter to determine whether or not there is some justification to the gentleman's position. It can be corrected, if there is correction to be made Mayor Ferre: Look, I am goirf to recommend something so that we can move ahead. I think it is patently clear that this motion is going to pass. You have a maker and a second, and somebody has already spoken for it. So that we don't get into legal trouble, let me finish, and so that you maintain rightfully so, to a cer- tain degree, as your prerogative as Manager, I agree with that, but since there has been confusion due to what this Commission did when they accepted the Yarger Plan, based on Mel Reese's Recommendation that it could be adjusted in the future, which is a contradiction. Mel Reese said to go ahead and pass this, this was my first meeting in May and I distinctly remember the man saying; pass it in principal and you can adjust it later on. What I am saying, so that there will not be, so that we don't get into legal trouble and so that we don't get into a tangle in here. I think you read the concenst!s of this Commission, why don't we just defer this until the next meeting and then you come back with the positive plan taking into account what you know is going to happen if this thing comes to a vote today. Mr. PiumMer: Akhow, I don't like that kind of coercion, 1 really don't. No, I understand what you're trying to do and I don't disagree with it. But you're telling him you are going to do it any how. Mayor Ferre: No, I'M not saying that. Mr. Plummer: What you're telling him to do is go home and do his homework Mayor Ferret I'm trying to avoid this thing coming to a vote is what it really amounts to because I think it is going to create more problems than it is going to solve. Reverend Gibson: JL, let me say the other thing. I am going to be the devil's advocate. Now I can do that because I am a min- ister. Mayor Ferre: I'm not trying to coerce you Paul. Mr. Andrews: I understand that. I understand you are looking for a solution. Reverend Gibson: Let me do the other thing, JL. If the Manager didn't get the clear intent of this Commission, there is nothing that says ---I don't want to say anymore to commit us. They are going to do the homework. Mr. Plummer: (Partially inaudible) If you do this, be prepared that there are three other groups that I know of that have the same legitimate gripe that these people have, and I'm not saying that they are right or wrong, but let me tell you, you are going to see crowds in here. Mayor Ferre: JL, Let me tell you something now. There are two things here, one is the practical aspect and the other one is the matter of principal. As a matter of principal, it is my opinion, and I think it is based on what we have said here and on what the Attorney has said, and what the Charter said. That it is not within our prerogative to start saying who is going to get what. Now that is something that should fall within the purview of the City Manager. Now I want to remind you, cause I was here when we accepted the Yarger Plan. And we started making exceptions. I can recall three, now there may have been more that were made. When we started making those exceptions we opened up Pandora's Box and that was the first basic mistake. Now, we're living with that mistake. Now as I understand, you weren't against it and here we are now, coming back because we have a group of people, namely 30 individuals who are also requesting that we change. Now you know that this isn't going to be the end of it. Mr. Plummer: You see, the difference that you are failing to bring out is that in every other one of those cases, the Manager has been able to find a justification. You are not giving him that prerogative now. You are telling him what the intent of the Commission is and you'd better come back at the next meeting and find the judgement. (inaudible) Reverend Gibson: All right, JL, we'll take those words back. We are going to tell him you'd better come back. Let me recall your memory. All of the executives like the Assistant City Man- ager and all those fellows. Some of those fellows, we pulled their names right out of the hat and gave them an increase. I remember that so well. Right, my brother, right on. Mr. Plummer: I'll make the motion that in the next thirty days we. tell the City Manager that we feel that this needs an indepth 12o review. This paicular case, now let him find the justification if he can. --,.hand let me tell you what I am ready to do for fair play. This man has told you as City Manager he will abide by the Civil Service Board Ruling, whatever it is. I am ready to tell you, as a Commissioner, whatever that ruling is, if it is in your benefit, to make it retroactive back to whenever the Yarger Plan went into effect. Is that fair? Mr.Richards: No, it isn't fair. Now what is fair is that we have made a committment of October 1 and I say October 1. Let me say this to you. As of now, I would like to resign from the negotiating committee because you cannot negotiate with a person of persons working for this particular person that we come back and every time that we come back, and it is in our favor, and here we went to the Civil Service Board only two weeks ago or 6 weeks ago and they show you right there in black and white that what they came up with and they can't even figure out why the adjustment was made in the favor of the journeyman. It shows you right there in black and white that the inspe tors in every single area are receiving more money than the maintenance man in every different city and now we've got to go back to it again. Mr. Plummer: What was the recommendation of the Civil Service Board? Mr. Richards: The recommendation was none. They said it wasn't in their jurisdiction and they are making an audit to the City Manager. Mr. Andrews: No sir. right from the audit dated February 12, 1974. It says; based on the statistical data presented in the summary, no recommendations can be made. No change. Mr. Gordon: How can you explain, or may I ask this question, or is it legal to ask it? How can you explain, Mr. Andrews, how we, could be the only jusisdiction governmental jurisdiction, that pays inspectors less than the journeymen, how could that be? Are we some kind of special entity? Mr. Andrews: No, that is not necessarily so. The City of Miami, when Yarger made his survek discovered that the City had far more trouble employing journeymen than they did the inspectors. Far more trouble. In fact, there were quite a few of them that were vacant at the time that he made his, and he went into all of this and into all the backgrounds of all these positions in arriving at what these salaries should be. This was not done lightly. Mr. Richards: Pardon me, can I intervein right now? Can you tell me whether you can get a journeyman plumber or a journeyman electrician, or a journeyman inspector when you are taking them all from the same labor pool. When you are hiring an inspector for the City of Miami, you are hiring somebody from the same pool. There's no inspectors on the outside, they are all plumbers, electricians and carpenters. When they come here you make them inspectors. They are not an inspector until they come to the City. Mayor Ferre: The chair is now going to rule that we have been on this item for 50 minutes and we're not going to discuss it anymore. I think you have heard the will of this Commission and I think we left it up to further discussion at a further time, hopefully by March 28th by the City Manager's Office. You come back, you listen a little more and you talk a little more, Mr. Andrews, when you come back for further discussion on this item at the end of the agenda on March 28th so that you won't have to waste all day waiting. 124 MAR 141974 • } Mr. Riohardet May I tesign right in front of this Commission, please/ tecattse never saw people being harassed and not treat.. ed as huMan beings. When it takes a year to make a survey like that, or write a letter to Yarger which I can prove to you is in error. There ie an error, and we have to go back through this again. I would rather not. You can't negotiate so I would rather not negotiate unless somebody come down here and repre- sent the boys. Mayor Ferre: All right, is there further will of this Commission at this point? Does the Commission wish to do anything else on this item? If not, then we will hear from Mr. Al Howard. Is there anything else that you want to add to this? Mr. Plummer: Mr. Mayor, you know, we are talking in realms. There is nothing else we can add to this. I still want to get back that I felt before and I'll just say it in simple terms. I sitting here want to make sure that a man is compensi ed for what he is doing. Paul has proved to me in the past, t:at his interest lies in that same area and I think if we give him enough time he is going to find the right answers. Mr. Andrews: If you will give me until April 15th, I '11 have a very definite answer for you. Mayor Ferre: Ok, I think it is important, because I think there is some justice. Mr. Andrews: I have spent an awful lot of time on this. Mr. Plummer: That's why I said make it retroactive. That's being fair. Mr. Richards: As a citizen, now that I have resigned, I still say first it was October 1.--- First we made it October 1 because of the City Charter. Then we tried to negotiate and it was all lies, strictly lies. It was already recommended by the City Manager's Office, and I am talking about this man,- that the papers were on his desk to be signed, which was never so and then we went ahead and we gave them, and this was his suggestion, to go to the Civil Service Board and come up with a recommendation The Mayor Asked for 2 weeks, he said he needed at least 6 to bring up that statement there which definitely shows that the inspectors all over this particular area, and believe you me, it is The United States too, are in a higher bracket. Now we have to give him much more time to do the same thing we're doing now. Mayor Ferre: Look, this Commission has nothing to do with your resignation. We hope that you don't resign, we hope that you have patience until April 15. 46, ESTABLISH FEES FOR USE OF RECREATIONAL FACILITIES IN THE CITY j)FI FTF SEC. 39 1 AND PROVIDE FOR 11E14 SEC. 39-1 Mr. Al Howard: We have submitted the recommendations that we consider going to a fee and charge schedule to -- some of the problems that have been eminating lately. We have created some more activities in our parks and our playgrounds, our ball fields and other various facilities. We find it very difficult right now to schedule all of these because of the use. As a matter of fact, an over use of facilities, and in some cases this is coming from outside groups outside the City Limits of Miami; private schools, public schools and everything else are coming into our facilities and we have no control over it. They;are paying in sore cases less fees than a resident. so we are suggesting that in this proposed policy Reverend Gibson: I didn't hear that last statement in some cases what? Mr. Howard: In some cases they are paying less than what our residents would pay. Mayor Terre: In other words, let's bring it right to a head; What ie happening is that we have some wonderful facilities in, the City and we have an awfully lot of people from out of the City that are coming in and using City Parks and City Facilities without paying anything, and it is crowding our people, it is not permitting our people to use these facilities. Mrs. Gordon: Are you only asking for money from outside groups that come in, you're not asking otherwise? Mayor Ferre: That's right. Mr. Howard: Most of it is that in some cases if you will notice, we have eliminated fees fo:! our own activities in boating and other activities. We haveput surcharges on ---- Mr. Andrews: It's for the outsiders. Excuse me, Mr. Howard for interrupting you, I know that the Commission is getting tired andf they want one direct answer, and he is knowledgeable of all these areas because I have quizzed him and he has given me so much in- formation but what you are looking for is yes, to your question, Mrs. Gordon, it is for outside groups who come in and use our facilities to charge them.. It isn't to restrict any one who wants to come in and use the Parks System. It is mainly from group usage from outside of the City. Mr. Howard: They are using it so much, that it is to the ex- clusion sometimes of the residents. Mayor Ferre: It keeps the citizens of Miami from using our facilities. Mrs. Gordon: As long as our people that live in the City and our groups that live in the City are not going to be charged, that's ok. Mayor Ferre: All right, is there a motion on 23. a.? Reverend Gibson: Let me make sure I understand what I'm voting on. Are you telling me that all the people of the City of Miami, I mean generally, will be able to use facilities without money? Mayor Ferre: Specifically Reverend Gibson: Is that what you are telling me? Mr. Howard: There is no charge on a facility,actual facility, for any Miami resident unless it is a rental of the band shell. But, to come in and use any park, playground, picnic area, or other recreational facility, living in the City of Miami,no. If a group were to come in from a private school or a public school from Coral Gables or Miami Springs as they have done in the past, then they will pay a surcharge to use that facility; $5,$10, or whatever it may be. Then they can use the facility, only with the surcharge. Reverend Gibson: I hear you. 126 MAR 141934: Mayor Ferree Now but wait a moment, that isn't quite accurate. Let's take for example Henderson Park, Now you're not saying that the citizens of Miami are going to use Henderson Park tennis courts without paying a fee are you? Mr. Howard: No, I'M talking about a park playground. On the tennis courts, the fees we're recommending at Moore Park are the same as they were at Henderson Courts. In some cases, we have reduced it for the senior citizens. We have gone to an hourly rate per court rather than per person. Mayor Ferres All right. You made a statement that the citizens of Miami weren't going to pay anything, and that isn't quite so. Mr. Howard: In the parks, the playgrounds and the picnic areas, but not a facility for an exclusive use, yes. Mrs. Gordon: Are you raising the fees? Mr. Howard: No. We are lowering the fees to senior citizens and for students. We did raise the fees for adults on the tennis courts. Rather than .50 per hour per court, we made it .50 per individual. Mayor Ferre: Now again I have to disagree with you. You did not lower the student's rate. You kept it the same, $.50 per hour per court. Mr. Howard: Under the lights. Mayor Ferre: Well, that's:right, what you lowered were the adults, and you also lowered the senior citizens. Mr. Howard: The students was not signified in the rate before we have made students per court and in the past, students came down they were paying per hour. We have now been charging them per court because we are excluding some of the students. Mayor Ferre: I want to tell you something. I don't see why in the world you would charge: 250 for an adult, 250 for a senior, and 500 for a student. Mr. Howard: If you put 4 adults on there, per person per court, it would be $1.00, but- -per court, they are paying less, so we put the adults on a per person, we put the students and senior citizens on a per court; they can play 4 for the same as 1 where an adult pays for each individual. Mayor Ferre: Ok, I understand. All right, does everybody under- stand what we are doing here? Mr. Plummer: No, not really. Mayor Ferre: Well let me see if I car paraphrase it simply. The City of Miami Parks System is being burdened by non -Miami citizens using the parks. We cannot stop that but what we are going to do is'; the proposed resolution and ordinance would per- mit the establishing of fees for the use of these recreation fa- cilities for people, especially groups that come from without the City of Miami. In other words, that are not citizens of the City of Miami. Mr. Plummer: (inaudible) Mr. Howard: Well we are now. We have requests coming through from private schools and from public schools to use, public schools 12i MAR 141974 i 411111 ftOT out of the city that actually are using Our facilities right now. Mayor Petrel Let me give you an example. There is a Florida Military Academy. That's a bad example. That is in Miami. There is one in Hialeah also that comes over and uses the City of Miami Park. Now that is, I assume, what you are referring to. Mr. Howard: Yes, there are quite a few. As a matter of fact, some of the schools outside the City of Miami even advertise in the paper facilities, and.there are facilities that they ad- vertise for the schools. Mayor Ferre: There is another school in Miami Shores that uses City of Miami Parks and I think that is basically what you are referring to. Mr. Howard: Yes, Sir. That's a part of it. Yes,sir. Mr. Plummer: Al, are you telling me that our parks are greatly overcrowded now? Mr. Howard: in some cases we can't even schedule ball games because we have increased so many teams that we don't have the fields to put them on, and we have to cut our leagues down to right now, instead of accepting 40 they are applying, we have to cut it down to 20 or 30. Because we have teams also from the outside that have been using our fields and using them at no cost we've had Coral Gables, --- but I think they will go to their own fields. We have had cases where the Coral Gables comes into our field to practice on it because they don't want to practice on their field, so we haven't had a charge before to put on them. 'They have been getting it for nothing, yet they have had to pay at their own field. They use our pools because they don't have to pay but they have to pay at them: pools, so therefore, they take advantage of us. Mayor Ferre: Let's make sure we understand this. The only place a citizen of Miami pays for a park recreational activity- correct me, if I am wrong - is either in the tennis courts, wherever we have them, like Henderson Park, and that has always been the case or in swimming pools. Mr. Howard: Right, any place where fee. The Orange bowl, the stadium, were a program that we were putting say candlemaking. there would be an admission wherever it may be. If there on in the evening for adults, Mayor Ferre: Al, is there anything else other than tennis and swimming pool and the orange bowl where we charge an admission fee? Mr. Howard: Admission fee, no. Mayor Ferre: Those are the only areas where we charge admission fees. Mr. Howard: Admission fees- swimming pools and tennis courts - well the users fee to get into it (the orange bowl). The Miami Stadium, the orange bowl, the tennis courts and the swimming pools whereas we have a user's fee. Mayor Ferre: Is there any other area where a citizen of Miami has to pay a fee to use his parks? Mr. Howard: No, there isn't and it isn't recommended here 128 MAR 141974 anything for a Miami citizen's use of the parks, Mayor Ferre: l just wanted to clear the air so that we don't have any confusion, These fees that you are recommending in thin package is for groups and for people that are not citizens of Miami, is that for correct? Mr. Howard: 'yes, the one in here that the City of Miami is for the pre-school though. To register a child for pre-school. They must have an admission fee. The play school, of course, is free for people who cannot afford to pay for the pre-school program, there is a play school prpgram at no charge. We have been get- ting $40 for 8 months of pre-school and we wanted to improve this program and give better services because it has been rather stagnant for years. Mrs. Gordon: Where are they located at? Mr. Howard: We're at eight different locations: Shenztdoah, Douglas, WestEnd,--- Mrs. Gordon: This is what, 9 to 12, or something like that? Mr. Howard: of the year, Mrs. kGordon: week. This runs from 9:00A.M. to 12:00 P.M. for October through May. Isn't that a lot of money, though, $80. Mr. Howard: No, $80 for the whole eight months. Mrs. Gordon: Oh, I am sorry. I thought it was--- 8 months $20 a Mr. Howard: $10 a month, and we want to improve this program in the areas where we can. This is why I am asking for it. Mayor Ferre: Look, we are getting confused here. We're not talking about a kid from Coral Gables coming in and with a buddy of his and going to the park there in Coconut Grove and taking a ball and hitting it and then all of.a sudden Policemen come up and says "Say, you're from Coral Gables, you owe us 500", that's not what we are talking about. What we are talking about is, somebody wants to use, let's take an example, Wyndwood Park, and they say we want to schedule some baseball games at Wyndwood Park. Now, we go ahead and schedule them and they are a group from Miami Shores, ok? Then along comes a group from Miami and they say we want to play softball here on Sunday, and then the Manager is going to have to say "You can't play because we already have a scheduled group in there." Now, all we are saying is -correct me if I'm wrong -what he is saying is that we don't want to pre- clude Miami groups from playing in our parks and permit outside groups to use it up. Now it is alright for them to use it, but let them pay a little bit for it. Mr. Howard: That's basically the whole thing Mayor, that's the whole thing in a nutshell. Mayor Ferre: If a Miami team plays a team from outside, obviously that is a Miami use, isn't it? Mr. Howard: Right, yes it is. Mayor Ferre: Now, if a Coral Gables team comes to play in Wyndwood Park against a team from Hialeah, let them pay for it, or let them go play in Hialeah or Coral Gables. 125 MAR 141974 Mrs. Gordon: Do you want separate motions on these things or One Motion, or what? Mr. Lloyd: 'here are five. We will have to read theft all by title and pass theta all individually. Mayor Ferre: All right, let's get going with this one way or the other, whether you want to vote for them or against them. Mr. Andrews: Mr. Mayor, you recognize that this is only on first reading and that they are going to have to be advertised after that. Mayor Ferre: And we will all have to think about it and we may all change our votes between now and then. Mr. Reboso: Are you recommending this? Mr. Howard: Yes. An ordinance entitled: AN ORDINANCE ESTABLISHING FEES FOR THE USE OF RECREATION FACILITIES IN THE CITY OF MIAMI BY DELETING SECTION 39-1 OF THE CODE OF THE CITY OF MIAMI IN ITS ENTIRETY AND ENACTING A NEW SECTION 39-1 SETTING FORTH THE FEES TO BE CHARGED. was introduced by Reverend Gibson, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. An ordinance entitled: AN ORDINANCE ESTABLISHING FEES FOR THE USE OF COMMUNITY BUILDINGS, BANDSHELL, ETC. BY QUASI - PUBLIC ORGANIZATIONS IN THE CITY OF MIAMI BY DELETING SUBSECTION b, SECTION 39-2 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION b, SECTION 39-2 SETTING FORTH THE FEES TO BE CHARGED. was introduced by Reverend Gibson, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. An ordinance entitled: AN ORDINANCE ESTABLISHING FEES FOR THE USE OF HENDERSON PARK AND MOORE PARK TENNIS FACILITIES IN THE CITY OF MIAMI BY DELETING SECTION 39-3 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW SECTION 39-3 SETTING FORTH THE FEES TO BE CHARGED. was introduced by Reverend Gibson, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES; None. 1. l An ordinance entitled: AN ORDINANCE ESTABLISHING FEES FOR THE USE OF FOLDING CHAIRS AND PORTABLE BLEACHER SEATS BY DELETING PARAGRAPH 1, SECTION 39-8 OF THE CITY OF MIAMI CODE IN ITS ENTIRETY AND ENACTING A NEW PARAGRAPH 1, SECTION 39.8 SETTING FORTH THE FEES TO BE CHARGED. was introduced by Reverend Gibson, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre: NOES: None. Mrs. Gordon: I have a question on this last one that needs clarifying. Some of the parks presently don't pay anything for the program. Will we still give those parks some pri- viledges because those are in areas that need help? Mr. Howard: That is listed in here. Play school will continue with no charge. There is a difference between the Pre -School and the Play School. Mrs. KGordon: Have you always charged for the Pre -School in all the parks? Mr. Howard: Yes, we have, and there was an ordinance that we needed the play school in areas where they couldn't pay for the pre-school, so that was passed, and we have those areas now and we do not intend to change those. It is only the areas where we have been charging. Mayor Ferre: Let me understand this. This says February 1. I didn't receive that on February 1. When was this memorandum sent to us? Mr. Andrews: We kept postponing it because of the police hearings and other things. Mayor Ferre: So in other words, this has been before us for quite some time. Mr. Andrews: Yes. Members of the Commission, I was telling the Mayor that I am going to have some large charts drawn which shows the item, how we now operate, and what we propose, the way we propose to operate so that there won't be any misunderstanding. Mrs. Gordon: ,Is There any possibility now that you could give the pre-school, not just the play school in those same areas that we are concerned about without charging them? Mr. Howard: Yes, if we have to insert a play school in an area, we still have, but we can't put it in at no charge. Mrs. Gordon: I mean the pre-school. Instead of charging it in the areas where a dollar means a whole lot, can we consider those special areas staying without a fee and still give them the pre- school, not the play school? Mr. Howard: Yes, we could. Mrs. Gordon: All right. Reverend Gibson: What are we talking about? Mr. Howard: It is very similar to a morning day care center. 131 MAR 1 41974 They get a certain amount of education, they are given recreation equipment, they have arts and crafts supervision. Reverend Gibson: The reason 1 am asking, if -- any understand- ing of pre-school is anywhere like.— wouldn't it be to our ad- vantage, based on lL,,1 want you to hear this -wouldn't it be cheaper to let those pre-school people use that park without fees and reduce --five years from today or two years from today that sum of money that JL had to give the chief? Mr. Howard: That would be good, Father. One of the things that happen when we offer these pre-schools, we don't have enough staff to really hold them. We must go out and hire part time staff to operate the pre-schools and this is where the money actually goes. Mr. Plummer: Now you are talking about a program, now that is a different story. You know, I can see where the City expends funds for these pre-school programs that there should a reg- istration fee. I am all in accord with that, but I am only vot- ing on all of these, and I want you to fully understand because to get them for a public hearing because it is thought that it is needed, but man, I tell you we strongly believe we put the parks in this City for a purpose and that is. Let me tell you, the worst thing in the world is a park with no people in it. That is the worst thing in the world and I am telling you that I just think you are creating a police problem. What are you going to do when 10 kids come down to a park in a pair of shorts and no identification as to where they live. Mr. Howard: We don't intend to do anything, Mr. Plummer. What is happening, let me just explain it very briefly. We have private schools. Mr. Plummer: Explain it to me in the next thirty days, let's go ahead for role call. Mrs. Gordon: I would like us to defer this one because I would have an opportunity to get the information, the location Mr. Plummer: You can do it in the next 30 days. Mr. Lloyd: May the City Attorney have a point of information, aren't we on the one before, then we have to vote on the one before that yet. We're not talking about 23 e. Mr. Southern: No, Mr. City Attorney, we've passed that one. Mr. Lloyd: Oh, did we, all right. Mrs. Gordon: This is the one with the schools. I would like to defer this one at least until the next meeting which is the 28th. "E" about the schools. After discussion, Item #23.e. was unanimously deferred by the Commission until March 28. Mrs. Gordon: I would like to ask you, Albert to supply us with all kinds of information on this particular item so that we can. evaluate it; like what your program would include and etc, where they are, I want it evaluated as to the needs of the com- munity that surround it. Mr. Lloyd: Will the record reflect that all the foregoing ordi- nances which were passed, the commission had copies of and they are available for the public. 1. 3;4 MAR 141974 47, AMEND SEC, 3 -5 INCREASE AND REVISE CHARGES FOR USE OF CITY. OF IAM/, MUNICIPAL ,SWIMMING POOLS An ordinance entitled - AN ORDINANCE AMENDING SECTION 39-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF IN- CREASING AND REVISING THE CHARGES FOR USE OF CITY OF MIAMI MUNICIPAL SWIMMING POOLS; PROVIDXNG A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION. was introduced by Reverend Gibson, seconded by Mr. Reboso and passed on its first reading by title by the following %,ote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. Mr. Lloyd: Let the record reflect that the Commissioners have been served with copies of this ordinance and they are available to the public. 48, APPROVE EXTENSION OF CONTRACT FOR MATERIALS FOR THE MARINE STADIUM STRUCTURAL REPAIRS Mr. Andrews: Mr. Mayor, and Members of the Commission, I have one more item that was not on the agenda that needs resolution, and it has to do with the Miami Marine Stadium. We are making structural repairs. This was done by contract, we received bids, the City Commission awarded it to the lowest bidder, it was a very difficult project to try to estimate the quantities of ma- terials that we would use. Fortunately, we took bids on a per unit basis and we need more units than were originally antici- pated and we are going to extend the contract that we have and it is a significant extention, and rather than just perform that extention without the Commission being aware of it, I wanted them to be aware of it so that when we finally settle the contract you will know. Now, if yot' want additional details, Mr. Grimm, Director of Public Works is here to furnish them. Mr. Reboso: What do you need for the resolution? Mr. Andrews: Just a motion that you received this information, that you are aware that there is going to be an extention of the contract. This is based on a bid that you have already received per unit, but we need more units to finish up the job. Mr. Plummer: What do you want, an additional allocation of money? Mr. Andrews: No, not at this stage. Just an awareness on the part of the Commission that we are going to have an extention of an existing contract and it is going to ---. Mr. Plummer: Can we do it without further bidding? Mr. Andrews: did it on the Mr. Plummer: Yes, we can do it without rebidding, because we basis of unit prices. Fine, what else is new? MAR 141974 Mr. Andrews: I anted to Commission tO know so that when final ...A -comes in, you are aware of it. Thereupon the following motion was introduced by Mr. who moved ite adoption: MOTION NO. 74-202 A MOTION APPROVING EXTENSION OF CONTRACT FOR MATERIALS FOR MARINE STADIUM STRUCTURAL REPAIRS. Upon being seconded by Reverend Gibson, ed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson and NOES: None. the Reboso the motion was pass - Mrs. Gordon, Mayor Ferre. 48.a. DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR THE ST. LUKE'S DRUG CENTERS. Mr. Plummer: Paul, you know, no where in these Federal Revenue Sharing, did I see an allocation for the commitment of this Commission, and I am speaking to the drug centers of St. Luke's of $50,000 in March 1. Mr. Andrews: All that that the City Commission committed is imbodied in an ordinance and is made part of this report I gave you. We haven't touched any of those monies at all. Nr. Plummer: Yes, but March 1 is gone, now what we do to get those monies that are now available to them? Mr. Andrews: The additional $50,000. We can include that in the additional appropriation when I submit the appropriation ordinance for your consideration. Mr. Plummer: Here is what I am trying to avoid Paul. I don't wantthat to get caught up and have this Commission go back on its word. Mr. Andrews: Oh no, I will have two separate appropriations. Mr. Plummer: Ok. I want to bring that out and make it clear because we made a committment to those people, and they are doing improvements based on that commitment being lived up to. 49. DISCUSSION OF AGREEMENT FOR LABOR LAW SERVICES Mr. Plummer: Mr. Mayor, I am going to make a motion, well, let me first make my comments. It was at my insistance, I believe two years ago, Paul, at budget time; two years ago at budget timee Mr. Mayor, that I told this City that I felt it had to grow up and put on a full time negotiator, a man capable of being able to handle all the ramifications of labor negotiations. I said at that time that I would not ok this budget unless $25,000 was allocated. It was allocated. We didn't get one the first year, Mr. Reese stated that he had, and proved, publicized around the country for a full time man who was capable of handling all neg- otiations. Mr. Andrews took the prerogative of appointing Mr. 134 MAR 141974 fi Joel Lanken to s position. I am not in any way Speaking to Mr. Lanken's ability, or not ability, because I am not familiar with him but I am only saying to you that Mr. Lanken went in pay at the time that he received this title approximately $6,000.00 which today with the increase is $7,000.00 and now, we are being asked to Coble forth on an annual retainer of $3,000.00 additional Money beyond what I had put into the budget. I think it is ex- orbitant, i think it is out of question, and if anything, I have to say this quite to the point. If Mr. Lanken is not the man that I intended that this money be covered, then I suggest to this Commission that we reduce his salary by $3,000.00 and put on the retainer, but in no way, Mr. Mayor, do I feel that we need a man for $26,000 plus the lawyers. It was my intent, as Father Gibson said about the Legal Department. Let's put it all in house. Mayor Ferre: All right, Mr. Andrews, do you want to talk about this? Mr. Andrews: Yes, sir. Are you suggesting that the unions neg- otiating with us, that they not have attorneys either and that we just do this man to man, one and one? Mr. Plummer: Paul, I can't tell you what the unions are going to do and not do. I am telling you what I said before that this City, now maybe Mr. Lanken is not the man, but I am sure that this City and even Mr. Reese indicated. I said Mr. Reese, what would it cost us to take and hire a man who is capable of fully entering into negotiations, and he said $25,000. I said fine, I will not stand still until that amount of money is put into the budget. Now what I am saying to you is, that if Mr. Lanken is not the man and we have to hire attorneys to do this negotiation, let's hire them. We've got men right now, full time City Attorneys that are starting out at $21,000. Now let's get a full time labor attor- ney for $25,000 and don't be going to the outside. Mr. Andrews: All right, fine. If Mr. Lloyd can assure me that he has in house the kind of labor attorneys that can assist us in these critical areas Mr. Plummer: No, you are getting off of my point, because I am going to vote for you, and I am going to tell you that this man belongs under you, not under him. But I am telling you that I think that this City can hire a full time man who is capable of handling all ramifications for $25,000 or $26,700. Mr. Andrews: He is cp ing to have to, during his negotiations rely on legal law on labor law, he is going to have to turn to an attorney somewhere to help him in drafting the language that goes into these agreements and stating our positions as far as the law is concerned. This is a non attorney turning to an attorney to get this kind of advice at crucial points in a nego- tiation, and that is when these people come into play, and you have to have that- you're going to hurt the City- I don't care if you pay the man $30,000 or $35,000. Mr. Plummer: I'm sorry. Paul, I think $25,000 is enough money for this City to allocate for all costs involved in labor nego- tiations. Mr. Andrews: Well, when you did that, when the eluded you know that there was an allocation of budget to employ attorneys where attorneys were to that. $25,000 was in - funds in the used, in addition Mr. Plummer: That's right, and what was Mr. Lanken paid? 135 MAR 141974 Mr. Andrews: Mr. tanken at that time was pa i Somewhere hear $14, 000 or $20,000. Mr. Plummer: Well, 1 have better information for you, he was paid $8,200. Now-../IM sorry, $18,200. What 1 am saying to you, Paul, 1 think $25,000 is enough money for this City to expend. Now if Mr. Lanken, and 1 hate to use a man, cause I don't want it to reflect bank on him. Then if he is capable then we don't need outside lawyers. Mr. Andrews: He's completely capable. Then I have to depend on the City Attorney's Office for the legal advice that we need, and if Mr. Lloyd assures me that he has that kind of legal advice that he can furnish me, till withdraw this. Mr. Plummer: Can you assure him of that? Mr. Lloyd: No. Mr. Plummer: Then I move to deny. Mayor Ferre: Why don't you move to defer. Mr. Plummer: All right, I move to defer so you put it off till a later time. My feelings aren't going to change. I move to defer. Mayor Ferre: Yes, but his feelings might change. There is a second, call the question. On the motion of Mr. Plummer, it was unanimously agreed to defer Item #32 indefinitely.by the following vote. AYES: Mr. Plummer, Mr. Rehoso, Reverend Gibson, Mrs. Gordon, and Mayor Ferre. NOES: Clone. 50, AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FUND FOR "MAN IN WASHINGJGN' PROGRAM FOR A PERIOD OF ONE YEAR Mr. Andrews: We had discussed this previously and this Man in Washington Program, now this provides the funding for that person at $12,000 per year and it has to come from the Contingent Fund because there is no other source to take it from. It is very good, and I recommend that the Commission proceed with this. Mr. Plummer: And I have also brought your thoughts to the at- tention of the Dade League for further advice as a Man in Wash- ington. Mr. Andrews: Let me explain for a moment what at least my ambit- ion is for the total employment of Man in Wasnington. Dade Country now employs, or buys the services of a Man in Washington through the Dade league of Cities and the Conference of Mayors. They buy half a man and that man furnishes them with all kinds of services as far as legislation that is taking place in Washington, grants of all kinds, information on it. We have a place where we can go for inquiries, they know the people in Washington, where to make contact when we have certain problems, and the City of Miami can buy of that same person, and the rest of the muni- cipalities in Dade County buy the other, and we will have one man representing all of Dade County. Mayor Ferre: That's good. Is there a motion on 45. a., there a second. Further Discussion? is 136 lark 1 4 1974 411 The following resolution was ihtroduced by Mt. Plummer, who mOire4 its adopt ion RESOLUTION NO. 74..203 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO TRANSFER $12,000 FROM THE CON.. TINGENT FUND TO THE APPROPRIATE ACCOUNT TO FUND THE MAN IN WASHINGTON PROGRAM FOR A PERIOD OF ONE YEAR. (Here follows body of resolution, omitted here and on file in the CityClerk's Office) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. I boso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 51, DECLARING MARCH 17. 1974 AS ST. PATRICKS DAY The following motion was introduced by Rev. Gibson, who moved its adoption: MOTION NO. 74-204 A MOTION DELARING MARCH 17, 1974, AS ST. PATRICKS DAY. Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Reboso and Mayor Ferre. NOES: Mr. Plummer. 52, ItiST1JCT CITY ATTORNEY TO PREPARE RESOLUTION TRANSFERRING FROM THE CONTINGENCY FUND TO PROVIDE FUNDS TO EMPLOY A BILINGUAL RECEPTIONIST .IN THE CITY COMMISSION OFFICE Mrs. Gordon: I move that we transfer $8000.00 from the Con- tingency Fund to the City of Miami Commission Budget so that we can find the receptionist, bi-lingual receptionist position that we approved at our last meeting. It is ridiculous when half the population of this city speaks two languages that we should have only one single person upstairs on this side, Manolo's secretary that is bi-lingual, and it is unfair. Mr. Plummer: What about Mr. Cobo? Mrs. Gordon: Yes, but Cobo is an aideand he's not there for answering telephones, so I move that we fund the position that we approved last time. Mr. Plummer: I move to. table. Mrs. Gordon: Come on JL, what do you have against having someone that can answer the phone and people can understand them? Mr. Plummer: The man has already said that he hasn't got the money. 13'i MAR 141974 Mrs. dOrdbnt We we daft move it from the Contingent-. `You wanted the Matt in Washington, you get it. Now let's not horse around fellows, let's be business people. We need a receptionist. Mr. Plummer: Business people live within their budgets. Mrs. Gordon: Yes, Business people provide an efficient form of government and they don't waste the effort of people. Mr. Plummer: I still think the motion standing of last week is a fair motion. If the money can be found.... Mrs. Gordon: It was not funded appropriately, and now we are funding it. Mr. Plummer: That wasn't the motion of the last meeting. Mrs. Gordon: JL, why don't you take a walk. Mr. Reboso: I second the motion. Mr. Plummer: Wait a minute, he said if we can find the money which is exactly.. Mrs. Gordon: No, he seconded my motion to transfer it from the Contingent Fund. My motion is, Manolo, that we need a bi-lingual receptionist, ok, we agreed last time. We don't have the money budgeted in the Commission's Budget. The Contingent Fund is available for every thing that comes up. We need the money, let's transfer it from the Contingent Fund to the City of Miami Commis- sion Budget and hire us gal upstairs that can answer the phone in two languages. Mr. Reboso: Let me ask one question, from where , the Contingent Fund? I second your motion. Mrs. Gordon: We already have the girl hired, we just have to find the money to pay her. Mr. Lloyd:' This will have to be a resolution, by the way, because it is transferring money. We will have to make a written reso- lution on it. Mrs. Gordon: Are you doing the same on the Man in Washington? Mr. Lloyd: On any transfer of funds, you always have to have a written resolution. Mrs. Gordon: Fine. Do it the same way, do the same thing, and let's go home. The following resolution was introduced by Mrs. Gordon who moved its adoption: MOTION NO. 74-205 MOTION REQUESTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION FOR ITS CONSIDERATION A PROPOSED RESOLUTION TRANSFERRING $8000 FROM THE CONTINGENT FUND TO THE CITY COMMISSION BUDGET FOR THE PURPOSE OF EMPLOYING A BI-LINGUAL RECEPTIONIST IN THE CITY COMMISSIONERS' OFFICE. 138 MAR 141974 Upon being Bonded by Mr. Reboso, the motion was passed and adopted by the following vote AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon. NOES: Mr. gluier and Mayor Ferre. 53, AUTHORIZE CITY ATTORNEY TO TERMINATE PART OF ACTION 73-788 CITY OF MIAMI VS, MARJORIE WILSON ET,AL, DEALING WITH P• ARCAL #7088-75-9 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO, 74-206 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPROPRIATE MEANS, THAT 'PART OF THE CITY OF MIAMI V. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788, DEALING WITH -PARCEL NO. 7088-75-9, IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO THE LANDOWNER, HIS ATTORNEY, AND APPRAISERS OF $29,000.00. (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: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 54, EXECUTE AGREEMENT WITH JUAN & MAUREEN FERNANDEZ TO PERMIT THEM TO REMAIN ON THEIR PROPERTY BEING SOLD TO THE CITY fit PERIOD NOT TO EXCEED W DAYS AFTER CLOSING The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-207 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND JUAN RENE FERNANDEZ AND MAUREEN FERNANDEZ, HIS WIFE, TO PERMIT THEM TO REMAIN ON THE PROPERTY THAT THEY ARE SELL- ING TO THE CITY OF MIAMI FOR A PERIOD NOT TO EXCEED NINETY DAYS AFTER CLOSING. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. 135 MAR 141974 55, TRANNFER $23 989,61 FROM CONTINGENT FUND FOR PURPOSE OF PAYING M. L. REESE ACCUMULATED VACATION The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 74-208 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO TRANSFER THE SUM OF $23,989.61 FROM THE CONTINGENT FUND TO THE PROPER FUND FOR THE PURPOSE OF PAYING M.L. REESE ACCUMULATED VACATION AS AUTHORIZED BY THIS COMMISSION ON THIS DATE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Plummer, passed and adopted by the following vote Mr. Reboso, Reverend Gibson, Mrs. Gordon NOES: None. the resolution was - AYES: Mr. Plummer, and Mayor Ferre. 56, AUTHORIZE FINANCE DIRECTOR TO PAY S,Z, BENNETT $9,743,68, AND STATEWIDE APPRAISAL $11,000 AS APPRAISAL FEES FOR ST,JOE PAPER COI PROPERTY Mr. Plummer: I am going to once again reiterate my position for the record. I am going to go along with this, and I am going to approve it, but I want the record to be very very clear at how much displeasure I have at what has happened to this part- icular case and I just don't like the idea. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 74-209 A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO PAY TO S. Z. BENNETT APPRAISAL COMPANY THE SUM OF $9,743.68 AND TO STATEWIDE APPRAISAL SERVICES, INC. THE SUM OF $11,000 AS APPRAISAL FEES IN THE CASE OF CITY OF MIAMI, FLORIDA VS. ST. JOE PAPER COMPANY IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, CASE NO. 73-2506. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, 'Reverend Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. l A u MAR 141974 -i AWOURNMEST: Tjt BEING SO FURTHER BUS#StSS TO COME BEFORE THE CITE COMMISSION, THE MEETING WAS ADJOURNED AT 700 P.M. THIS DATE. ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE PERRE MAYOR MAR 141974 141 mete OP MIAMI -DOCUMENT MEETING DATE: INDE MARCH 14, 1974 ITEM NO.� DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTION t CODE NO. _ 1 2 3 4 5 6 7 8 . 9 10 11 12 13 14 15 16 17 18 COMMISSION AGENDA & CITY CLERK REPORT (19 Pages) ACCEPT COMPLETED WORK-D.M.P. CORPORATION - GENERAL DRAINAGE PROJECT G-1 ACCEPT COMPLETED WORK -FENCE MASTERS INC- CONSTRUCTION INCINERATOR NO. 1- BAY CREST HIGHWAY IMPROVEMENT H-4373 CONFIRMING ACTION OF CITY MANAGER -CITY OF MIAMI EMPLOYEES' INSURANCE COMMITTEE MEETING SEPT. 30, 1973 ACCEPT DESIGN DEVELOPMENT PHASE-MIAMI MODERN POLICE DEPARTMENT BUILDING INFORMATION SYSTEMS COMPONENT OF THE MIAMI MODERN POLICE PROGRAM RELEASE OF MONIES -POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS PROGRAM -DAY CARE FOR THE ELDERLY AT LEGION PARK FLAGLER BANK -TRAILER UNIT -CENTRAL SHOPPING PLAZA-3737 N.W. 7TH STREET FREE USE MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI-MAY 25, 1974 PLAN FOR SUPPLEMENTAL USES OF THE MARINE STADIUM COMPLEX APPOINTING AN ADDITIONAL MEMBER -CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION CITY ATTORNEY -LEGAL ACTION REMOVING THE VILLAGE SOUTH INC-RESIDENTIAL DRUG TREATMENT CENTER CLAIM SETTLEMENT-ROBERT OSTEEN EXTENSION AGREEMENT WITH H.LESLIE QUIGG AS YACHT DOCKS COORDINATOR CITY OF MIAMI PURCHASE HOT MIX ASPHALT FROM PAN AMERICAN CONSTRUCTION COMPANY-DEPT.PUBLIC WORKS ACCEPT BID-RADER AND ASSOCIATES, INC.- AERIAL SURVEY CITY OF MIAMI R-74-165 R-74-166 R-74-167 R-74-169 R-74-170 R-74-171 R-74-172 R-74-173 M-74-174 R-74-177 R-74-178 R-74-179 R-74-181 R-74-182 R-74-183 R-74-184 0057 74-165 74-166 74-167 74-169 74-170 74-171 74-172 74-173 74-174 74-177 74-178 74-179 0058 74-181 74-182 74-183 74-184 19 20 21 22 23 24 25 26 27 28 29 30 • 31 32 33 34 35 36 UMEN 'INDEX CONTIN U EDPAGE#2 ACCEPT BID-HURST PERFORMANCE, INC.-RESCUE TOOL FOR DEPARTMENT OF FIRE ACCEPT BID-MONROE ZEDER PLYMOUTH AND NORTH - SIDE MOTORS -AUTOMOTIVE PARTS -MOTOR POOL DIVISION-DEPT.OF PUBLIC PROPERTIES ACCEPT BID -HIGH PRESSURE AIR COMPRESSOR AND PURIFICATION SYSTEM-DEPT. OF FIRE ACCEPT BID-MICHIGAN INSTRUMENTS,INC.- CARDIO PULMONARY RESUSCITATOR-DEPT. OF FIRE ACCEPT BID -WATER VACUUMS -DEPARTMENT OF FIRE ACCEPT BID -FOR FURNISHING READY -MIX CONCRETE -DEPARTMENT OF PUBLIC WORKS ACCEPT BID NATIONAL LINEN SERVICE - RENTAL LINENS ACCEPT BID -BRA TURF AND INDUSTRIAL EQUIPMENT CO. -PARKS AND RECREATION DEPT. ACCEPT BID-PETERSON MACHINE TOOL, INC- DEPARTMENT OF PUBLIC PROPERTIES AUTHORIZE CITY ATTORNEY -CASE OF VERA BOGIN D.B.A. VICTORY SUNDRIES VS. CITY OF MIAMI PERMIT ST. MARY'S CATHEDRAL SCHOOL - AMUSEMENT RIDES-7485 N.W. 2ND AVENUE AUTHORIZE CITY ATTORNEY -CONDEMNATION ACTION CITY OF MIAMI VS. THE ST. JOE PAPER COMPANY M.L. REESE-CITY MANAGER -VACATION PERIOD OF 30 WORKING DAYS PER ANNUM TRANSFER $12,000 FROM THE CONTINGENT FUND TO THE APPROPRIATE ACCOUNT TO FUND THE MAN IN WASHINGTON PROGRAM AUTHORIZE CITY ATTORNEY -CITY OF MIAMI V. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788-PARCEL NO. 7088-75-9 AGREEMENT BETWEEN CITY OF MIAMI AND JUAN RENE FERNANDEZ AND MAUREEN FERNANDEZ TRANSFER $.29,989.61 FROM CONTINGENT FUND TO THE PROPER FUND -PAY M.L. REESE VACATION PAYMENT TO S.Z. BENNETT APPRAISAL COMPANY CASE CITY OF MIAMI VS. ST. JOE PAPER COMPANY R-74-185 R-74-186 R-74-187 R-74-188 R-74-189 R-74-190 R-74-191 R-74-192 R-74-193 R-74-194 R-74-195 R-74-198 R-74-200 R-74-203 R-74-206 R-74-207 R-74-208 R-74-209 RETRIEVAL - CODE 1O. _- 74-185 74-186 74-187 74-188 74-189 74-190 74-191 74-192 74-193 74-194 74-195 74-198 74-200 74-203 74-206 74-207 74-208