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HomeMy WebLinkAboutCC 1974-10-10 MinutesTY OF MIAM COMMISSION MINUTES THURSDAY, OCTOBER 10, 1974 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK ti INDEX MINUTES OF REGULAR ram CITY Coll.;SION OF MANIA FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION No. PAGE NO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. PRESENTATION BY DAbE COUNTY TRANSPORTATION DEPT. ON RAPID TRANSIT STUDY and appointing Vice Mayor Reboso to Committee DISCUSSION OF PALM BLIGHT APPOINT J.L. PLUMMER AS VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES CHANGE OF DATES FOR CITY COMMISSION MEETINGS NOVEMBER & DECEMBER 1974 MOTION EXPRESSING CONCERN IN REGARD TO MOVING OF DATES- HIALEAH RACE TRACK CHANGE ZONING CLASSIFICATION - LOTS 1 & 2, BLOCK 1 - SILVER BLUFF BUSINESS CENTER REVIEW OF EXTENSION OF WAIVER OF 27 PARKING SPACES- S.E.CORNER N.W.5 AVE & 34 ST. CHANGE ZONING CLASSIFICATION -LOTS 8 & 9 BLOCK G & H- BRICKELL HAMMOCK UNIT #1 RECEIVE SEALED BIDS - N.W. 29 STREET HIGHWAY IMPROVEMENT - H-4361 CHANGE ZONING CLASSIFICATION - LOTS 8 & 9 BLOCK G & II- IIRICKELL HAMMOCK UNIT #1 CONTD. EXPAND EXISTING SUB -STATION- FLORIDA POWER & LIGHT CO. Northside S.W. 1 AVE at 16th Ave OBJECTIONS TO CONFIRMING ORDERING RESOLUTION FASHION HIGHWAY IMPROVEMENT H-4381 APPLICATION FOR "WORK RELEASE CENTER" SPRING GARDEN AMEND ORDINANCE 6871- ADD NEW SECTION 42 SITE AND DEVELOPMENT PLAN APPROVAL AMEND CITY CODE - NEW SECTION 2-24.1(E) PROVIDING FEES TO BE CHARGED IN ACCORDANCE WITH PROV. OF ANNUAL CERT.OF USE RENEWAL ORD OBJECTIONS TO CONFIRMATION OF PRELIMINARY ASSESSMENT ROLL FOR VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 DISCUSSION OF CURRENT VACANCIES ON PLANNING ADVISORY HOARD AND ZONING BOARD PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION APPROVE OPERATION OF CARNIVAL AT MARINE STADIUM-MIAMI COMMUNITY BENEVOLENT ASSN. M-74-1100 M-74-1101 M-74-1102 M-74-1103 M-74-1104 FIRST READING M-74-1105 M-74-1106 R-74-1107 FIRST READING R-74-1108 R-74-1109 DISCUSSION & WITHDRAWAL M-74-1110 ORDINANCE NO. 8312 ORDINANCE NO. 8313 RES.74-1111 DISCUSSION R-74-1112 1=11 11=13 14 14 14-15 15=18 19=22 22=25 25 26=29 30=40 41 41=45 46 46 46=47 47=48 48 48=49 ITEM NO, SUBJECT INDEX MINUTES OF REGULAR MEETING cm COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO, PAGE NO r 20. 21. 22. 23. 24. 27. 28. REPASSING OR ORDINANCE WITH AMENDED LANGUAGE CHANGE ZONING CLASSIFICATION - LOTS 1 & 2 BLOCK 1 - SILVER BLUFF BUSINESS CENTER 14-76 PERSONAL APPEARANCE - GROUP OF INTERESTED CITIZENS CONCERNING BEATING OF UNDERCOVER AGENT OF THE MIAMI POLICE DEPARTMENT PERSONAL APPEARANCE - MRS. ELIZABETH VIRRICK MR. BERNARDI PRISONER RELEASE PROGRAM & REQ.FOR BUILDING PERSONAL APPEARANCE - MR. PEARL & MR.WEINER REGARDING EVACUATION OF PIER IN CONNECTION WITH DINNER KEY BOAT SHOW AUTHORIZE ISSUANCE OF PERMIT-ST.DOMINIC'S RECTORY FOR AMUSEMENT RIDES ETC. GRANT FREE USE OF BAYFRONT PARK AUDITORIUM MIAMI LODGE 948-ORDER OF ELKS -CHARITY BALL GRANT FREE USE OF BAYFRONT PARK AUDITORIUM WOMANS CORPS OF PAPANICOLAOU CANCER RESEARCH INSTITUTE CHARITY LUAU WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIU UNITED WAY MID CAMPAIGN LUNCHEON WAIVE RENTAL FEE FOR DINNER KEY AUDITORIUM HISPANIC HERITAGE COMMITTEE DANCE AUTHORIZING WAIVING OF GREEN FEES FOR NORTH SOUTH GOLF TOURNAMENT FEB 11=15,1975 AMEND RESOLUTION 74-336 - AUTHORIZE USE OF MIAMI BASEBALL STADIUM W/O CHARGE FOR LEAGUE GAMES ETC-FEDERACION ATLETICA BASEBALI DONATE SEALS OF CITY OF SILVER BLUFF AND COCONUT GROVE TO HISTORICAL ASSN OF FLA. RESOLUTION APPOINTING MEMBERS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY & BEAUTIFICATION RECOMMENDATIONS AND DISCUSSION CONCERNING PILOT ALTERNATE USE - TAXICAB ROUTE SET DATE FOR PUBLIC HEARING BASED ON NEW APPLICATION - MIAMI MINI-ALIADOS BRIEF DISCUSSION CONCERNING LICENSING OF SUNSHINE LIMOUSINE SERVICE PERSONAL APPEARANCE - MR. BEN ATKINS PAN AMERICAN AIRLINES FINANCIAL PLIGHT PERSONAL APPEARANCE - MR. BURTON GOLDBERG PROPOSED BOND ISSUE FOR PURCHASE OF FAIR ISLE AMEND SECTION 34.20 & 34.21 OF THE CITY CODE PROVIDING FOR IMPOUNDMENT OF VEHICLES see item 6 49 DISCUSSION 49-56 DISCUSSION 57=60 DISCUSSION 60=64 R-74-1113 65 R-74-1114 65 R-74-1115 R-74-1116 R-74-1117 R-74-1118 R-74-1119 R-74-1120 R-74-1121 M-74-1122 M-74-1123 R-74-1'.24 M-74-1125 FIRST READINGS 66 66 67 67 68 68 69 70=83 83=89 89 90=92 93=100 101 MINUTES OF REGULAR METING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION No. PAGE NO 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. RATIFY ACTION OF CITY MANAGER IN ENGAGING SERVICES OP MIAMI CRANE SERVICE - COLLAPSE OF DOWNTOWN BUILDING ALLOCATE $21,199.76 FROM POLICE FACILITIES BOND FUNDS- PAY APPRAISERS CITY OF MIAMI VS. MARJORIE E. WILSON AUTHORIZE AGREEMENT WITH BOOZ, ALLEN AND HAMILTON "Comprehensive System of Program Management Techniques" APPOINT MS. MONA LIGHTE & DOLLY MC INTYRE CONSUMERS AND USERS COMMITTEE NAME CITY OF MIAMI ANNETTE EISENBERG COMMUNITY BUILDING AUTHORIZE PERMIT FOR AMUSEMENT RIDES AT SHELL CITY PARKING LOT JR. NAVAL CADETS OF AMERICA- LODGE 96 AWARD BID - SERVICING PORTABLE FIRE EXTING. AWARD BID - 15 TON AIR CONDITIONER AWARD BID - DOCK & MARINE CONSTRUCTION BULKHEAD REPAIR AT WAINWRIGHT PARK AWARD BID - MATERIALS FOR IRRIGATION SYSTEM AWARD BID - PARK TENNIS COURTS RESURFACING AND REPLACEMENT - 1974 AWARD BID - ORANGE BOWL STADIUM- RESTROOM REMODELING - 1974 AWARD BID - FURNITURE AND TOYS FOR DAY CARE CENTERS AUTHORIZE CONTRACT FRATERNAL ORDER OF POLICE AUTHORIZE CONTRACT GENERAL EMPLOYEES ASSOCIATION AUTHORIZE CONTRACT INTERNATIONAL ASSN.OF FIRE FIGHTERS AFL-CIO LOCAL 587 AUTHORIZE CONTRACT SANITATION EMPLOYEES ASSOCIATION DISCUSSION OF NEGOTIATIONS WITH CITY EMPLOYEE LOCAL 654- AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 57. REQUEST PERMISSION TO DISTRIBUTE MATERIALS AT THE ORANGE BOWL BY EASTERN AIRLINES 58. AWARD BID - MIAMI MODERN POLICE HEADQUARTERS ALLOCATE FUNDS AWARD BUILDING TO A.D.H. R-74-1125A R-74-1126 R-74-1127 R-74-1128 R-74-1129 R-74-1130 R-74-1131 R-74-1132 R-74-1133 R-74-1134 R-74-1135-36 R-74-1137 R-74-1138 R-74-1139 R-74-1140 R-74-1141 R-74-1142 M-74-1143 M-74-1144 R-74-1145 R-74-1146 M-74-1147 101 102 102 103 103 104 104 105 105 106 106- 107 108 108 109 109 110 110=13 139-40 140=14 • ITEM NO,1 SUBJECT MINUTES OF RI`GULAR MEETING CITY COMMISSION CIF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO. PAGE NI- 59. 60. 61. 62. 63. 64. AUTHORIZE NEGOTIATIONS WITH OMNI INTERNATIONML STORM SEWERS AND PUBLIC UTILITIES PLAZA VENETIA REPEAL ORDINANCE 8302 PROVIDING FOR ISSUANCE OF $10,000,000 PUBLIC PARK AND RECREATIONAL FACILITIES BONDS FOR FAIR ISLE ACQUISITION NEW REVISED ORDINANCE- PROVIDE FOR ISSUANCE OF $12,000,000 PUBLIC PARK AND RECREATIONAL FACILITIES BONDS FOR FAIR ISLE ACQUISITION DECLARE INTENT OF CITY COMMISSION DADE COUNTY TRANSPORTATION IMPROVEMENT PROGRAM ALLOCATE $10,000 FOR UPDATE OF APPRAISAL IN CONNECTION WITH ACQUISITION OF CERTAIN PROPERTIES FOR LATIN RIVERFRONT PARK CHANGE DATES OF CITY COMMISSION MEETINGS MONTHS OF NOVEMBER/DECEMBER 1974 M-74-1148 ORD. 8314 ORD. 8315 R-74-1149 R-74-1150 R-74-1151 R-74-1152 R-74-1153 R-74-1154 R-74-1155 144-45 146 146 148 14 8=15 ( 150-151 • NWTRAMMIP Ji4MirFLngIDA On the 10th day o6 October, 1914 the City Commission of 't ism i, F eotLda met at its negutan meeting ptaee in said city in tegutax session. The meeting was caned to oxc'en at 8 : 30 O' Ctod A.M. by Mayok Mauxice A. Fenxe with the Sottow.ing members o6 the Com- mission pxesent: An invocation was ied those pies ent .in a A motion to waive duced by Mk. Ptummen, s adopted unanimousey. Comm.tss.ionen J.L. Ptummen Commiss.ionen Rode Goxdon Commissioneh Manoeo Reboso Comm.issionen Rev. T. Gibson Mayo t Maun.ice A. Fexne deiivexed by Revexend Gibson who then p.eedge oti atteg Lance. the /Leading o6 the minutes was .intno- eeonded by Rev. Gibson and passed and PRESENTATION�SBY DADE COUNTY TRANSPORTATION DEPARTmEUT ON s.i�C�t IP,T404T-.WhF-.,„APPTAYIg, MAYOR RPOSO TO COMMITTEE Mayor Ferre: Rapid Transit Study, a presentation by Dr. John Dyer. Mr. Scott Case: Mr. Mayor, members of the Commission, Doctor Dyer assured me he's going to be here. He may he with Ray Goode now he may be with the new mayor. I'm not sure where. Mayor Ferre: He just thinks u a run these things like you guys do down at Metro. Mr. Case: I'm here on time, sir. First, let me say I appre- ciate very much the Commission allowing us to appear hrre nnc giving us this 30 minutes. We know your? busy particularly at this time of year. I'm not sure when you have a free time but at any rate we do appreciate it. At the outset I'd like to introduce the two who are with me, Ellen Walker is working with me in the Inter -Governmental Liaison branch of the Office of Transportation coordinator and Fred Silverman is our planner on the same staff. I am Scott Case, one of John Dyer', three assistants and I wear two hats as chief of the Inter -Governmental Liaison branch and I think my role will sort of spill out as we sort of proceed down the 30 minute discussion this morning. I would like to consider this, if you will, to be vary informal and if any of you have any questions at any time please feel free to raise your hand or inject a question and whistle if you don't get my attention. I have a series of charts here and slides which I would like to use as sort of the moclus operendi for going through this. I really have three object- ives this morning. One is to give you a point of contact. I think we all recognize that the man who has the answers to just about any question is Dr. Dyer. But unfortunately Dr. Dyer is fairly busy and he can't make all of the committments so the normal point of contact, if you have questions or questions from members of vo.ur constituency please dive Ellen 1 0CT101974 rat of & et i1 If it is ► ieChnica1 dUeOtiolin We won't atiftWer it but ae' li find someo'te who can give you the answer. Sbcondly, we'd like to show yoi the status of the rap d transit system today. We put on your Jesk there a rather vol.minous ►mount of material. Don't be fearful of that. i'11 go through it and in fact one of those you can practically throw away now. I brought it primarily to show Mayor Ferre: 1 wish you wouldn't say that. That always gets me all excited whenever somebody in government says well you have a report but you really don't need it - you can throw that one away. Mr. Case: Well the only reason is, Mr. Mayor, that we passed by it. It is one of the essential steps in the procedure. If we had gotten here three or four weeks earlier it would have been important. Mayor Ferre: Which book are you referring to? Mr. Case: The little one. This one. This was wht I'll dis- cuss later, presentation of data for milestone one. We've passed that step now. And finally, I think we'll all c'n• clude as we finish up here that we've got a pretty busy eight months ahead of us but we stand ready to come and discuss any of these issues with you at your beck and call, whenever you feel you need us. Mayor Ferre: I'll tell you, as you go through your presenta- tion this morning I hope you'll emphasize the downtown and the other City of Miami areas that will be affected as yuu point out these things. Mr. Case: Yes. Mr. Mayor, what I hoped to do this morning is show the procedures and how you folks relate to the proced- ures, how you can feed your input in and then I think you may raise a question. On this chart I would like to draw your at- tention particularly to those items that are underlined. Those are the significant points if we are to have a rapid transit system in Dade County. The technical study, Simpson 69-72, the first item. The second item the preliminary engin- eering which we're in now and which I'll develop in greater detail as we go along started on the 5th of December, 1973 will be finished the 5th of June, this next year. That means that between now and June, eight months, we've got an awfully lot to do. Then will come final design if we are successful in obtaining federal funding support. If we're not successful in obtaining a substantial federal funding support we are in another ball game. And finall you have construction. This shows the structure by which we hope to bring in the public officials, the private citizens, everybody who has a concern for rapid transit in Dade County. You'll notice off in the corner the public officials coordinating council, the POCC as we cal it. Now this consists of the Dade NCounty Commissioners plus the Mayors from each of the' 77 municipalities in Dade County. Now some of the mayors with the pressure of the bus- iness have designated one of the Commissioners to represent him. That is perfectly alright with us but we would like to have representation at the POCC meetings. They meet once a month. The next one is on the 18th of this month which is a week from tomorrow at 9:30 at the Dupont Plaza. Now the POCC addresses itself to high level policy issues. For example, everybody has agreed to rapid transit. One village says fine we want it right here but on that village's terrain. Another village says no, we want it over on that guy's street, not on 2 OCT 101974 my etretti the POCC at that point mould enter into it and perhapa appoint a committee and make recommendations to the Board of County Commissioners. Now on the other side of the Chart you See the Transit Advisory Committee, the TA,'.. This is more of a technical nature. It has six standing Committees of Which 2'1l show you in a moment and it also has represent- ativee from the citizens panels which I'll develop for you in a few moments. There are seven citizen's panels in Dade County. Dade County has been broken up geographically into these seven. Their chair person and vice -chair person of each of these panels sits on the Transit Advisory Committee along with the technical people such as the Dade County Planning Director: Andy Crouch, for example is on the TAC. I won't go into the other This is a list of the standing committees and the select com- mittees. Now the most significant standing committee so far is number three, Transit Engineering Development Committee. Now Mr. Crouch is also a member of this committee. You have a means of input through Mr. Crouch on that. This has been the most significant committee to date. It came up will several recommendations a good many recommendations for the Kaiser Engineers to study particularly in Milestsone I. The only select committee that is now acting is number 2, Vehicle Tech- nology Committee. Again, Mr. Crouch is a member of this com- mittee. So whatever impact you may want to impose, to comment, review, guidance, through Mr. Crouch into this committee with respect to vehicles. Now with just a series of slides and then I'll go to the material on your desk. This is a more or less typical peak hour scene on South Dixie, U.S. 1. This is another typical peak hour scene, I-95. Now today there are somewhere in the neighborhood of three million passenger trips per day. In 1985 it is estimated that there will be something in the neighborhood of 5.9 to 6.2 million passenger trips per day. That means that the accomodations on the highways and the arterial network of Dade County will be twice as impacted if nothing is done by 1985. In other words instead of 45 minutes to work an hour and a half. We're here in this preliminary engineering as I said before. These are the eight critical decision points in the evolution of the preliminary engineering phase. We are well into one, we have launched two and the remaining six of which the more critical ones are three, number three now the presentation of data will come out on the fourth of November and this is where cheese will really get binding. This considers the land use plan for the development around the rapid transit system. This will be where people really become concerned. The next most critical one is the final route alignment, number 5 and I think we might consider number 8 as the next so there are really three very critical Milestone decisions. Mayor Ferre: When will the decision be made whether you're going to go to steel on steel or rubber on whatever it is? Mr. Case: They've made some preliminary recommendations, Mr. Mayor. There are some things on a chart which I have there in front of you which I'll discuss a little later. A final decis- ion will not be made for at least two or three months and it may not be until Milestone 8. In other words we're coming closer to the point at each time. However, you see Milestone II, vehicle technology, the later the decision with respect to vehicles. So I suspect that it won't be as late as Mile- stone VIII but it probably will be in the neighborhood of December of January. Mayor Ferre: As I understand it the trend is for rubber. Is that correct? 3 OCT 101974 • Aft 6106 eliS f660M0161idatiOnS so far sort Of point towards rub- b4r. "SC'6sr sit'. We have two problems that we have to sort out and won't be sorted out for about 40-45 days. One is the prob- lem of tunneling in this area. We're not engaged in a special study to study the feasibility of that particularly insofar as the Miami River is concerned, for example. Because if we can go under the Miami Rover it may be that we can swing a little stronger towards steel rather than ribber. Rut that decision will not be made for at least 30 to 45 days, Mr. Mayor. Mayor Ferret And of course the reason is because of turning radiuses and grades. Mr. Case: Yes, sir, grades and turning radii. This chart is a little difficult to read from here but you'll notice the three color separations. I show i.t particularly, the Mile- stone decisions are flagged on it: but the three color separa- tions, the top is environmental analysis impact, impact analy- sis. That goes on concurrently with the preliminary engineer- ing which is in blue in the center and then concurrently we have the citizen's participation down on the bottom. Inci- dently, Mr. Mayor, I'm sorry but I didn't realize that Mr. Gene Stan and Jim Ellis are here from Kaiser Engineers. I probably should have thrown that last question to them. Mr. Mayor, Gene Stan and Jim Ellis from Kaiser Engineers are here this morning too. As I said in retrospect, not being a tech- nician I should have thrown that last question of yours to them. Another technical question like that and I will be glad they're here. Dade County is broken up into this shows six, but Miami because of the population density was later subdivided into four and seven. That area south of the Miami River is district 7 so that actually Miami itself has four representatives on the TAC from the citizens panels, two from each of four and seven. Thi: I throw in to show the eveolut- ion of one step in each miler,tone. Now this is the draft. For example, you have the draft of Milestone I and the draft of Milestone... No, this is the presentation of data. I'm sorry The presentation of data was that small hook. This was the first step, for example in Milestone I. This was sent out to the citizens panels, it has been passed out to all interested people. This was discussed, recommendations were fed back into Kaiser Engineers, they come up with a draft report which appears on the right. They come, the draft report goes through the same process virtually again, come up with Kaiser recommendat- ions or amendment. You have in front of you there a memeo- graphed amendment to the draft report I and then finally there will come out a final report. This shows the original pro- posed 1985 service network. Now this has been amended. This is what appeared in the draft report. The amendment to the draft report makes several addi.t?ons to this. This original one was 117 mile system of corridors which they recommended be improved by 1985, 117 miles. That is shown on here. Now since then Kaiser Engineers have recommended three additions. One is from Cutler Ridge down to Homestead on which it reco- mmended an express bus route be made in the core system. Two is from 167th Street across to Sunny isles. The third recommendation is from 103rd Street across through Hialeah, come down on the Okeechobee run which we will see in just a moment. This is their recommended core system which consists of 49 miles of rapid transit grade separated plus the 9 miles of I-95 bosway which are now being constructed. They also recommend an additional three miles on that I-95 leading the buses - the Orange Streakers as they are now - into downtown Miami. And here again they recommended that the line running out from 130th Street west to link up with the Okeechobee 4 OCT 101974 411 tension of the rapid transit, This would be de separated, And also in; the core system recommended extension down to 8oaestead of a non -grade separated bus system, an express b'us laee, Nov .Lf I can just review these manuals for just a moment. This one, I said was a presentation of data for Milestone I. We've passed that now. They've Came ont with a draft report of Milestone I. Incidentally, there is a one page smeary that each of you have which shows the significant chapters which we feel in Milestone t draft as well as in the presentation of data of Milestone II. Turning now to this chart which each of you have, again this shows the Milestone process. Starting on the left with the pres- entation of data, input from the TAC, input from the POCC, inputs from the forums, the panels and finally Raiser Engin- eers come up with their draft report of each Milestone. Again it goes through the same procedure, TAC input, POCC input, come out with a draft amendment Which you have also on your desk, a memeographed amendment report Milestone I. In the case of Milestone i we're waiting and we hear that it is on the say, a comment from UMTA, Urban Mas Transportation Administration in Washington. We have also, I've heard, the Florida Department of Transportation, all of these are noted here in the bottom comment on each draft. They will input into the office of transportation core and also a coordinator also a Raiser engineer. Also we have the public hearings hers which will be coming up somewhere in the next 45 days by the Dade County Commissioners. Finally, we come out with a final report after the Board of County Commissioners make their, take their actions. They may accept the report, they may approve it. Turning now to this other chart it looks pretty complex when you first look at it but if you notice the bars running throughout refer to the Milestones numbered on the left. Naaber one is already in the process, number two is already in the process. Number three and four will comae out in about three or four days. The presentation of data, that chart picks up here and we run for about 59 or 60 days in the process of Milestones III and XV. They will be separ- ate books but they will come out at about the same time. Then we go to Milestone V which is scheduled to come out early in December. As I said before that is a real critical one. Six and seven will comma out in January in presentation of data form. Eight, the final one is due out on March 30th but you'll notice final report, final review report over here at the far right. Raiser Engineers' contract is due to be completed by the 5th of June and all of that preparatory work should be finished by than. Now, turning for a moment to the bars down in the lower left.... Simpson... Simpler Cardin and Wilbur Smith contract here is to update the patronage data and develop a new model and some data which will bring us a more realistic, more current output as far as projected patronage data by 1985. The Grade Underground Study due to be finished by November 15th, I referred to earlier. This is the one which is determining the feasibility of tunneling under the Miami River. A-95, we must file a declaration of intent to apply for federal funds and go through the regular Office of Manage- ment Budget, OMs circular A-95 process. Our permit and appli- cation for federal funding support for final design must be, the preliminary application, must be in Washington by about November 15th of this year. Our final application for federal funding support for funds to help us in our final design must go in in late April, certainly no later than May of next year. Aow the decision will be made in Washington probably or at least Dr. Dyer or some of the Commissioners will hear possibly April, May as to whether we are in fact being considered ser- iously for federal funding support for the final design. 5 OCT 101974 Moyer Petrel that..... •• kirpart Sty, nov *that essetly. haw dims Mr. Casbs I'll touch upon it and if there are further questa. ions I think that Fred or maybe Gene Stan or Jim Bilis could weswer it. Ultrak is interested in establishing a facility at the airport to speed the flow of passengers from the air- port tip to Disney World, for example. The idea here is that if that facility is going in of coarse it must be t.ted into what we're trying to develop in the preliminary engineering as well as what other transportation facilities they may have at the airport. For *Sample, a shuttle system that they pro- pose to have from the existing terminal out to a proposed terminal. But all of these things have to sort of be tied in together. Mayor Ferro: What you're saying is a person could fly in, get on the rapid transit and go to the Amtrak station and go up to Disney World by rail. Mr. Case: What do you mean you have to get on the rapid tran- sit system, sir? They would get right on at the Amtrak stat- ion right there in the airport and go to Disney World. Mayor Ferre: Then you're assuming that it is going to be steel on steel. Mr. Case: For that section of it. That portion would be steel on steel. In fact, correct me if I'm wrong, Gene or am or Fred; contract has already been let for two French turbo trains Which would be used on that. Am I correct? Yes. So the question now is the location of that facility to make it compatible with What we're designing in the pre- liminary engineering and whet the airport committee and study have with respect to shuttle system. Mayor Ferro: Would that use the existing FEC or Seaboard tracks that go by the airport? Mr. Case: Vat sorry, I'm not into tthat. Gene Stan is nod- ding yes. Yes. Mayor Ferre: INAUDIBLE Mr. Case: Vat going to get Mr. Fred Silverman to help me on that one. Mr. Mayor, if I may. Mr. Fred Silverman: In order to accurately assess how big a systemise need, where stations should be, what kind of both operations we need on a day-to-day basis and how big the fac- ilities should be. 11e need to have an idea of wht the day-to- day ridership will be for the system. Miami doesn't have a rapid transit system obviously so we're going to be making a lot of estimates based on conditions that have existed in other cities, what Miami's particular transportation needs and problems are and how they apply together to attempt to oar up with a daily ridership estimate Mayor Ferre: =AUDIBLE. Mr. Cass: Right. That is correct. Mow this also ties in with the overall transpotation planning process for the Miami area, the program which of course deals with the road network and wet future roads are needed and an attempt to establish what kind of relationship exists between the two 6 OCT 101974 Ilk 410 fatalities and what kind of daily ridership will have to de sign the systole to carry !`.he peak loa`is. Mayor Ferre: All right. Let me tell you, I think the city Obviously and this Commission in particular, we're going to be very interested at how whatever you're going to be project- ing affects the people that live within our jurisdiction. For example, me would like to know as soon as these data are coming forth and I think it ought to be at a Commission level how this is going to affect, for example, the Orange Bowl. That is a key question that we'd like to know: Is there going to be a stop at the Orange Bowl, how doesiit fit? We'd also like to know is there going to be a stop, could we make a stop at Watson Island or at hi -Centennial Park as it croyses over into the beach. We'd like to discuss with you, for example the possibilities of tying on a people mover system into whatever station, if it is Watson Island that we could tie into Bi- Centennial Park by a smaller system that might tie together with it or if we could get a stop at Bi- Centennial Park or vice -versa, thst we could crass over either into the port or to Watson Island from a basic station point. I'm not saying that we're going to do it in the decade. It night be something for the future but I think we ought to be think- ing about that. We'd also like to know from residential points of you, bow the people in say Coconut Grove are going .:o be able to use that station. We'd like to know how the people in the northeast section are going to use that station. Mr. Case: If I may, Mr. Mayor, referring back to the means that you have an input plus a request for us to come down and brief you again at your leisure. Milestone V, station location impinges very strongly on many of the points which you have made here as well as the niderehip projections Which will come out of this Shinapler, Cardin, Wilbur Smith Study. Mayor Ferre: That comes out as I see it in December and it goes through January. lbr. Case: Yes, sir. Mayor Ferre: We'd like to have you down here then sometime maybe in January to discuss this. Mr. Case: Anytime. We're available to brief all the councils of all the municipalities within Dade County, sir. Now obvious- ly when we get into technical details as I have Mr. Silverman with me today and as Gene Stan and Jim Ellis have volunteered to cols in too, Miss Walker and I are not going to answer a lot of these questions but we'll throw the ball wherever ... Mayor Ferre: Well, I've made four or five questions so far. I think the other one that I would like to see some input and discussion on is exactly how the downtown area is going to be treated. Is it going to have one station or two. Will it be another station besides the Government Center and if so then how will that relate to, for example, the Dupont Plaza area and then I would say that the Brickell Avenue area is also an area of interest for us. Mr. Cases Yes. Well now as far as the avenue is concerned, Briekell Avenue that gets into tho Cori l daa and the route align- ment as well as a station location, Mr. Mayor and there again t'al subject to whatever Mr. Stan would like to say but I think the critical time for most of those points you've raised is Milestone V. When the presentation of data comes out that 7 OCT 101974 • *I 1044 you and everybody ihould jump in with bothfe eat. lose, is that e orree:t? Myer Parrs: And 1 think a key question..... Mir. Cooks Pardon? Well, let's hoar from Mr. Stan if you plena*. Mayor !Ferri: 1 think a key question is going tohe if you're going to have one station in the downtown area then what other relationship will there be or is there a secondary system that will tie that together? Mr. Gene Stan: Well, we haven't laid out as Scott Case said, we haven't laid out the specific alignments on any of these starters as of yet. There is certainly going to be more than one downtown station. There may be one at the government water. It isn't exactly decided yet but probably in that area. There certainly will be one to the east of ther.f be - fors we get to the Mac Arthur Causeway and Biscayne Boulevard. As far as tying into the Dupont Plaza while it is not really a part of the rapid transit system part of our job is to reco- mmend the needs for many systems, distributor systems that would take people from the transit stations to distribute them Ito various activity centers. The Dupont Plaza is cer- tainly a candidate for that and probably should be treated as a mini system running from the nearest rapid transit stat- ion. As far as serving Watson Island is concerned of course the line will go across the Mac Arthur Causeway and if the need is there we can certainly plan on putting a station at that point. Finally, we have made contact with your Director of Planning of the Planning Department. We have a meeting set up with him for this coming Tuesday, Mr. Acton and we plan to keep in very close touch with him and I think through him you'll get a lot of information too on what we're doing since we want to work together with him. Mr. Case: Mr. Mayor, we've taken the allotted time. We're free to answer anymore questions but we know that you have a pressing schedule. I do want to add when I last saw Dr. Dyer yesterday just before lunch he said he was going to be here so I can only surmise that Mayor Clark or somebody called him in for a discussion or something like that. One further point going back to the POCC, Mr. Mayor, as I said that meets next on November 18th, a week from tomorrow at 9:30, Dupont Plaza. If you are unable to attend, if you would like to appoint one of your commissioners. Mayor Ferre: I was going to get to that. We would like to appoint Vice -Mayor Reboso. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION 110. 74-1100 A MOTION APPOINTING VICE -MAYOR REBOSO AS THE CITY'S REPRESENTATIVE ON THE RAPID TRANSIT STUDY COMMITTEE FOR METROPOLITAN DADE COUNTY. Upon being seconded by Mrs. Gordon the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferro. NOES: None. 8 OCT 101974 Meyer bra! MO is yam' liaises with this Cessi steno the Vid Asyor. Mr. Plummer: Mr. Mayor, I would like to raise just a point Which has concerned me greatly and I have expressed it before Oven before this Commission. unfortunately, one of the first actions that Gerald Ford took as President; by the stroke of a pea he reduced the fending of m:os transit across this coeatry from twenty-five billion down to eleven billion and 1 immed- iately read that as a death certificate for sass transit in Dade County. Mr. Mayor.. I realise that me can't do a whole lot here at this Commission level but I do think that it be- hooves this Commission to go on record of urging our United States Senators and Congressmen to try to get the fending reinstated selfishly so as long as it includes Dade County. I am thoroughly convinced that I think the projected coat is just in Ocesa of one billiop dollars for Dade County; that this is the only way that this nasa transit will come about its Dade County. I would lib if it is within order, Mr. City Attorney, to offer a motion here this morning that this Com- mission go on record of urging our congressional delegation from Florida that they protect the interest of Dade County and through their urging sake sure that Dade County is protected with this federal funding. I don't know what the appropriate resolution would be and I would leave that to the City Attor- ney for wording but I would like to offer a motion that we strongly urge the Florida. delegation to look out for funding in the sass transit area for Dade County and I will offer that in the fora of a notion. The preceding notion was, introduced by Mr. Plummer, seconded by Mrs. Gordon and passed and adopted by the follow- ing vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Terre. NOES: None. Mr. Plummer: We'll forward copies of that to you as well as to thus. J. Lloyd: J. Mayor, wd will prepare that for this afternoon in formal resolution. Mr. Case: May I make just a brief point, Mr. Mayor, about the Commissioner's point? Dr. Dyer is concerned, of course. Under the kproposed authorisation bill that's now being con- sidered although it has been increased to 11.8 billion cover- ing a nix year period as two billion a year. however, we are n ot mow is category "A" in Dade County. Those are only the six existing rail cities plus three cities that are building rapid transit now. But we are in a stiff fight with Buffalo and Denver as far as becoming number 10 in category "A". Now in category "A" there are 5.9 billion dollars, in other words almost a billion dollars each of six years. If it cones out in the appropriations bill as it is in the authorization bill. N ow if we can successfully complete our preliminary engineering phase of it, get it into UMTA, get favorable approval for be- ing number 10 to slip into category "A" we may be in the running. Mayor Ferro: Let mis ask you this question because then i thistle it night fit into all of this. The decision will be made by whom? Mr, Case: By UM as to whether Denver, Buffalo or Dade County becomes number 10. Mawr Ferret Yes, who makes that decision? 9 0CT101974 " ..Urban Mess transit Authority under' the Departlent of transportation. in Washington. Corr Ferre: I see, and the Secretary of Transportation is t ....... 641 Mr. Case: Yes. It is under the Secretary of Transportation. Mayor Ferre: Who is the Secretary of Transportation now? Mr. Case: 8renniger is now. There is some question as to how long. Mayor Ferre: Yes, how long that will be and will that decis- ion be • Mr. Case: It will be made probably in , no earlier than March, maybe in April, no later than May. Mayor Ferre: How mach political White Mouse input is there into that final decision? Mr. Case: I'm sorry, I can't answer that, Mr. Mayor. I think Dr. Dyer could probably address that. Gene, could you address that one? I think we had better reserve that for Dr. Dyer, Mr. Mayor. Oh, there is one other thing that Ellen Walker reminded me of. We have a committmnt from the voters of Dade County for 132.5 million. We have no formal cowmit- tment from the State yet. Now up until now they've been on a matching basis. For example, preliminary engineering 2.4 mil- lion, 1.6 from federal government - 8O%; 400,000 from the state, 400,000 from Dade County. They have matched to this point but when we get into the big figures that we're talking about the draft report #1 puts the cost'at S60,000,000 in 1974 dollars. Mayor Ferre: All right, Mr. Plummer, since you're good at making these motions I think it might be appropriate to make a separate motion here to the State, I would imagine it is the Governor of the Cabinet. That isn't a legislative decis- ion is it? Well why don't we send it to the Governor and the Cabinet requesting them as soon as possible to go on record ' and Mr. Lloyd, I think in your drafting of this you might point out that the people of Dade County including the people of Miami have voted overwhelmingly for this bond proposal where we commit 132.5 million and that the decision is forth- coming in the next few months and that since it is very import- ant that the State make some 'kind of couimittment as to the fact that they will not back out of it they will in some way fund this and that we expect that to be forthcoming because otherwise we would be in trouble. And on the other conversely if we have that eommittment I think we might be in a stronger position over Denver and Buffalo to be the tenth one in cate- gory "A" for this rapid transit. Mr. Case: No question, sir. Mr. Lloyd: Would it be appropriate to say that we expect a committmsnt from the state or is that Mr. Case: I'm not sure. sir whether we could put it like that. What we need is some Nayor Ferre: Well, why don't you help draft this resolution. lac. Lloyd: Yes. Perhaps we can get together with you1 r 10 OCT 101974 iik Thereupon tbe preceding motion' woks intiodneed by IOC. Plume: , Winded by Mf'. bow and parsed and adopted by the following vets ► : Mr. Plummer, Mr. Babeso, Mv. Gibson, Mrs. Gordon and Mayor Perre. BOSS: Sone. 2+ DISCUSSION OF PALM' BLIGHT Mayor Ferrel: Mr. Manager, before we get on the 9:00 O'Clock agenda 2 noticed in yesterday's paper there was an article, the headline of the local section that read Pala Blight Left to Owners. Now in the text it specifically said that there Mere some cities that were the exception to this and I world like for you for the record, and hopefully for the press to outline exactly what the City of Miami has done or is doing and will do with regard: to the plight of these Coconut trees and I night point out as a preface to that remark that no question; there's a lot of references as to how much the state has battled against Citrus Blight because it is a major economic factor in the economy of central Florida and of Florida sas a whole. I mignt point out that Pals trees are not a productive tree in the sense that we get a produce like an orange but that sincb tourism is our main industry down here and since Pals trues are a symbol of nice tropical weather when it is snowing up north that it does have an indirect and intangible importance to ;us and that I don't know what the inventory of palm trees is in the City of Miami but since they say that Dade County has 700,000 or 400,000, I forget - I would imagine that we have a hundred thousand. I know from personal experience that to replace a Palm tree it costs about $200 to buy a full grown 15 to 20 foot Palm tree, to get it planted and growing, it costs you $200. So even if we have a hundred thousand Palm trees you're talking about a very substantial amount of money in the millions of dollar, that these trees are worth and certainly it is a natural asset that we as a community should try to save. So would you fill us in as to what exactly is and will be done? Mr. Andrews: All right. Mr. Mayor and members of the Commis- sion you'll recall that you appropriated $50,000 which is not a cure for the Pals trees. The $50,000 appropriation was for the purpose of retarding the spread of the Pals tree blight in that money is being and has been expended to remove the dead palm trees within public rights -of -way. Withir that con- tract we also provided a means for the property owner to re- move Pals trees from his private property in that bids were received for the removal of these trees in a variety of ways including replacement of the tree if the property owner so chose and we've communicated hopefully well with the public so that they're able to contact the contractor and know ad- vanced thr cost of this tree removal and tree replacement if they desire. That was one program. The second thing that we did, we started a palm tree bank over on the mole area opposite the Marine Stadium stands within the Marine Stadium grounds. We have approximately 1000 Pala, trees from seedlings planted over there and we hope to add more because we are confident that somewhere along the way this problem will eventually be overcome and we will have a tree bank there that we can use to replace trees in the Public rights -of -way and in our park system. In addition to this, Mr. Mayor, we've had a program in which we've used the teramiacin injection on our trees within the parks system and in the public right-of-way where there was a chance of saving the tree. Secondly there is teraaiacin in pellet form which we tried to utilise but I understand that that is not as successful as the direct injection. 11 OCT 101974 Mt within this pest week Mr. Al d and Mr. Hays and of h*d a diecussion in which we want to recommend to the City wmission and we will very shortly, be recommending that the City government become involved in procuring teramiaoin and the apparatus for the injection and under certain conditions will be assisting the property owner with those injection of Pala trees on his private property. I think this is very im- portant because if we don't control it within the private property area it is going to spread to the other public areas and this is akin to a health problem in Which the Health Depart- ment would step in and mayor Ferret In other Words. and in summing up let' are repeat the highlights. In other words we are taking care of our own trees (1), and (2) any citizen who feels that he cannot afford to save a tree, that we will help him to save that tree. Is that correct? Mr. Andrews: That is correct. Mayor Ferre: I would really 14ke to. for the purpose, the public purpose respectfully recuest the press to give the City, or give the citizens some kind of knowledge that if a citizen wants to save a palm tree, Ron and Bill, and *embers of the radio and television; that if a citizen of Miami wants to save a palm tree and feels honestly that he cannot econom- ically afford the three or four dollars that it takes to in- ject a tree that the City of Miami will assist. We are con- cerned, that we are conscious of the beauty of these palm trees and that we do want to save then and that we are avail- able to help the citizens if that should be their desire. Mrs. Gordon: Mr. Andrews, are we still making available the young palm trees that we did some few months ago when we had the Mildred fcr Palm Planting Day. Do we still have young palms for people who would like to plant new trees? Mr. Andrews: I'm not sure, Mrs. Gordon. I can find out. I know that we did have Mrs. Gordon: And if we do will you make that available with the other information like the Mayor has requested? Mr. Andrews: Yes, if we do I'll have to check and I'll do that right away. Mayor Ferre: Rose, one of the sad things about that, I rem- ember that Mildred... Mrs. Gordon: I have two of those little trees growing very well in my yard. Mayor Ferre: But you know I want you to know that those are not, as I recall - I wasn't there that particular day but I remember; I mentioned it to Mr. Howard that those were not Malay trees. Mrs. Gordon: Some of them were, some weren't. Mayor Ferre: But the majority of then were just regular Palm trees that are of course subject to the affliction. Mrs. Gordon: Part, some of them were. They used as many as they could get of the Malayan variety and then they did have some of the regular but I would just like to know whether we're still doing it or not. 12 OCT 101974 Mayor Ferrol you knOw Paul 1 night point out that we have been inetrUMehtal in helping some of our southern neighbors like the inican Republic and our Sister City, Bogota Columbia bl giv- ing to theta or making available to them fire, equipment, anbul-- ances and so on. 1 think it might be very appropriate that IOSMOne in your department write these people letters.They've got,, the government, for example, of the Dominican Republic as you owns the national airlines and part of their work is traffic, transportation of goods that are brought down there and as you know they fly back empty. They fly into Miami, they transport cargo Out of Miami to the Dominican Republic. i certainly would think that it would be a brotherly neighborly gesture on their part if they were to make available to us in economic quantities Maylay trees or other types of trees that are blight free as a reciprocation for all of the things that we've done for them. Mr. Andrews: May I make a suggestion to the Commission that you adopt a motion to this affect, Mr. Mayor and that you in- clude in that notion that Commissioner Plummer through his representation in the Sister City Program become involved and we'll do the staff work but then it would have the Commis- sion's involvement as to their interest in this... Mayor Ferre: And I night point out and I don't want anybody to take any offense; it isn't that we think that the only thing that they have to give us is Coconuts but that's not a bad start because that's what we happen to need right now. And since we're giving them ambulances and fire trucks and so on and since they don't have those things to give us well then maybe we can get some Coconuts in return. Mr. Plummer: Father, I'll be in Bogota in December so it would be very easy to explore that area while I'm there. The Dominican Republic we can do by communications. Mayor Ferre: We wouldn't mind extending you trip there a few months, Plummer. Is there a motion then? Mr. Plummer: I'll make such a motion, I've got to do the work. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-1101 A MOTION REQUE6TING THE DOMINICAN REPUBLIC AND THE CITY OF BOGOTA, COLUMBIA TO ASSIST THE CITY OF MIAMI IN ITS EFFORTS TO REPLENISH ITS COCONUT PALM TREES WHICH ARE DYING BECAUSE OF THE COCONUT PALM BLIGHT. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer.and Mayor Ferre. NOES: None. 13 OCT 101974 41 5, APPOINTING J, L. IsC►.UMMER AS VOTING DELEGATE TO THE two LEAGU U. D s;i jE TM following resolution was introduced by Rev. Gibson who MOVed its adorptioal RESOLUTION NO. 74-1102 A RESOLUTION APPOINTING J. L. PLU1! R TEE VOTING DELEGATE TO TEE FLORIDA LEAGUE OF CITIES. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolutioi was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSTAINING: Mr. Plummer. 4, CHANGE DATES OF COMMISSION BER MEETINGS FOR MONTHS OF NOVEMAAND 1974 _WFMi3gR1914 The followint motion, was introduced by Mr. Plummer who, moved its adoption: MOTION NO. 74-1103 A MOTION CHANGING DATES OF CITY COMMISSION MEETINGS IN NOVEMBER AND DECEMBER (SEE RESOLUTIONS NO. 74-1152, 74-1153, 74-1154 AND 74-1155). Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 5. MOTION_ EXPRESSING CONCERN IN REGARD TO MOVING OF HIALEAH RACE TRACK Mr. Plummer: A very minor thing, Mr. Mayer, I would like to offer a resolution. Presently there is proposed the possibility of the moving of Hialeah Race Track. 11e are very concerned in the Dade League as well as I'm sure the City of Miami that this tremendous revenue generating product might be moved out of Dads County. I would like to offer a resolution at this time to the appropriate state party that before such a thing be granted that this Commission have input expressing concern for our Sister City, Hialeah and all of Dade County and it is really a resolution asking them that we be heard before any final decision be made. 14 OCT 101974 r The folio * notion was introduced Ar. PlUMMer w1 moved its adoption: MITT/ON O. 74-1104 A MOMS REQUESTING THE APPROPRIATE STATE BODY TO PERMIT THE CITY OF MIAMI TO EXPRESS ITS CONCERN OVER TOE PROPOSED MOVING OF THE HIALEAH RACE TRACK OPERATIONS BEFORE ANY FINAL DECISION IS MADE ON THIS )UTTER. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote- AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre, NOES: None. Mayor ?errs: Ladies and gentlemen, I apologize that we're running a half hour late. I hope we can get through the 9:00 A.M. agenda quickly now. We'll take up item 4, objections to confirming the ordering resolution no. 74-638 for Fashion Highway Improvement H-4381. Are there any objectors present? Mr. Vince Grimm: Mr. Mayor, there is a little conflict if you will in the sense that the agenda shows it at 9:00 however. my letters to the property owners Which went out prior to this were for 10:00. Could we please defer this? Mayor Ferre: A11 right, we tall defer this temporarily until 10:00. Take up Item 5. CHANGE ZONING CLASSIFICATION - LOTS 1 & 2, BLOCK 1 SILVER BLUFF BUSINESS CENTER (14-76) The Mayor announced the Commission was now ready to hear any objections to the proposed change of zoning. Mayor Ferre: This matter has been before us and Mr. Dykes has been kind enough to be here I think on four different occasions and we keep putting hint off because the last time because we weren't sure that it was properly advertised for the public record. Now I'a sure you all remember it. We have been over it several times. Mr. Plummer: Mr. Mayor, I have made ay comments known be- fore. I have to go on record that I think this particular intersection, it is ludicrous to think that anyone would live there in a single family residence. It is right on Dixie Highway. Directly. across the street is a bait and fish house that stays open 24 hours a day. I just can't imagine anyone having a single family residence in that location. I would move at this time, Mr. Mayor, to uphold the Planning Department's recommendation changing this zoning to the class- ification which has been applied for. Mrs. Gordon: Would you repeat the motion please? Vice -Mayor Reboso: Mr. Mayor, I would be glad to second the motion based on these same facts. Mrs. Gordon: I'm sorry I didn't hear Mr. Plummer's comments, I was on the Phone. Mr. Plummer: Rose,my comments very simply are if you can 15 OCT 101974 picture that ldestion i:7 your mind I think that it is really jest ersry to think any,ne would lie there in a single family hone. It is right on that intersection of Dixie Highway and (,that I would call approximately 26th Avenue. It is a crash bornsr. Directly across the street is a 24-hour bait and fish house that stays open all night long and I personally just don't think that this is condusiie to an R-1 type of situation and that's why I personally think it should be changed. Mrs. Gordon: May I ask the Planning Department a question? What was your recommendation based upon? Mr. Acton: We had recommended denial based upon the exist- ence of the R-1 neighborhood. I would requewt that the Com- mission consider running the R-1 zoning district, if you are considering changing the zoning, to run the R-1 zoning line five feet from the front property line, The property that is rightnext door to it also has a problem in that the rear of the house does also faw3 Dixie Highway and that particular house is for sale. So what I'm saying is that we recognize the fact there is a noiiie problem basically with those two lots but I'm also saying that to give consideration to the resident- ial character that does exist directly across the street and to run the zoning the R-1 line five feet back from the front property line Mr. Plummer: Are you saying from 27th Lane or are you talk- ing from 26th Avenue. Mr. Acton: I'm talking about 27th Lane, Commissioner Plummer. That is the front property line. Mrs. Gordon: In other words what you're saying is that the property across the street then would not be in a position of requesting the same change? Mr. Acton: Right. It would also allow the Commission at some future date if the question did arise to change the zoning on the adjacent lot by using the same mechanism so that you can use, or the owner can use the property in a residential --com- mercial fashion but still recognizing the preservation of the neighborhood or the house across the street which is still a single family residential neighborhood. Mrs. Gordon: I understand and that's why I asked your opinion. This is your recommendation to approve it in this manner. Is this correct? Mr. Acton: Yes, after Mrs. Gordon: Your recommendation is to approve this with a five foot buffer on; the south bide of this property. 'Is that correct? Mr. Acton: Yes, that is correct. Mr. Plummer: I have no objection. I will accept that as an amendment. Mr. Bobby Dykes: Mr. Mayor, may I just say something? I'm wondering if that five foot will hamper my parking. I've got to have that for my parking to get my CO in there for an in- surance office. 16 ntvr 1974 Mayor Par : Will that affect the parking, Mr. Acton? Mr. Actor= Vasvisual inspection of the property shows that there is ingress off of 26th Avenue to the back. 1 don't know where Mr. Dykes planned on parking but it wouldn't prohibit trio..... ; Mr. Dykes: It is alright with me as tong as it is not going to prohibit my parking. 1 mean to get an office in there. Mrs. Gordon: One more question, Mr. Acton. Would this.prop- erty directly to the east of this property have the same con- cerns? Mr. Acton: Yes. The property is for sale. Mrs. Gordon: The one directly to the east? Mr. Acton: That is correct and I say that they do 'have a noise problem in the back.... Mrs. Gordon: What do you mean a noise problem in the back? Mr. Acton: The noise that is generated by Dixie Highway. When you get on 27th Lane there is no noise problem to speak of but when you're on Dixie Highway in the back there is. So what I'm saying is that that property is for sale next: door that does face on Dixie Highway and the rear lot line. Mrs. Gordon: Well are you, you know you're not making your- self very clear. Are you saying then that the house to the east of this property should have the same treatment as this? Mr. Acton: Yes. It should have like consideration but it is not advertised so I would recommend that we do consider that Mrs. Gordon: I see, in other words you're acting favorably towards that if it were to cape in. Mr. Acton: That is correct. Mrs. Gordon: I understand. Thank. you. Rev. Gibson: Mr. Mayor, members of the Commission, I sym- pathize with Mr. Dykes' problem and I want you to know I'm not speaking against what is being kproposed but I hope Mr. Dykes and all the members... Well, let me do it the other way. I hope that all of us on the Commission, this staff and the whole public will keep in mind that we just went through a zoning business for the Grove. Do you rem- ember that? Mr. Dykes: I sure do. Rev. Gibson: And I hope we understand that we made some com- mitments. Now what disturbs me is that while we were develop- ing that Master Plan I'm sure that land was there and you con- templated doing what you're now going to do because the average businessman at least takes the credit for looking far enough in the future. You know what I mean? I would feel, and I'm going to feel alright because I'm going to vote for you but I want to add a word of caution and warning. I hate and I would use an adjective if I were not a minister of voting three weeks ago and then you know, saying "This is what we're 17 OCT 101974 going to do" and then come right back. Now let ere take one more minute. Let's do this for Mr. Dykes but let me tell you What's going to happen. MOLD. is coming in here within a very short time and going to ask you to put some multiples up there on nuaber one highway by that governmental center. And I'm going to be mad, I'm going to forget I'm a minister flow - I'm going to be mad as hell if you come up here and treat the coning where we live, we Black folk live any different than the particularity and the care that you treat the zoning else- where. Do you understand? Do my fellow Commissioners under- stand me? Ok. Let me go a step further. I was told that already the application is made and has been, you know; Ok, they're bowing their heads and maybe the staff ought to tell us after we get through with you, to put up some six story buildings over there. Mow baby, if that ain't the way that zoning goes I's going to be up here preaching ten thousand sermons because I believe if they wanted it they should have told you and we have an obligation as this staff has an obli- gation to say to everybody, "You'know we're contemplating this and if you, you know you•ought to come and tell us." Ok? I call for themotion and I'm going to vote for you, my brother. But I want to make sure everybody understands I don't plan to make this no Carte Blanche thing. Mr. Southern: Now that's as amended to provide an R-1 buffer zone on the south side of the property. Rev. Gibson: Yes, sir. Mrs. Gordon: I just went the records to reflect that the Department is recommending it as we are approving it. An ordinance entitled: AN ORDINANCE ENDING ORDINANCE NO. 6871 THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON- ING CLASSIFICATION FOR LOTS 1 AND 2, LESS THE SOUTH FIVE FEET THEREOF, BLOCK 1, SIL- VER BLUFF BUSINESS CENTER (14-76), LOCATED AT 2561 SOUTHWEST 27TH LANE, FROM R-1 (ONE FAMILY) TO R-CA (RESIDENTIAL OFFICE) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CON- FLICT; AND CONTAINING A SEVERABILITY PRO- VISION. was introduced by Mr. Plummer, seconded by Mr. Reboso and passed on its first reading by title by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferro. NOES: None. 18 OCT 101974 • 40 7, S E.. MLR ME 5m AVM AND 34.114. £ME1. Nt. Art Green: My nams,is Art Green, 4150 N.W. 7th Avenue. Mr. Mayor, Cannon Gibson and members of the Coomission, the City Commission by unanimous vote on June 26, 1969, resolut- ion 40781 unanimously granted'a waiver of these six parking places for a year and it has been renewed consistently ever since. In order that this Comra<iesion may have a better idea of exactly what kind of property we're talking about...... Mayor Ferre: Art, listen we're running way behind time so rather than the normal procedure of letting you make your statement let's just as). you some very key questions. As you noticed, I'm sure you got a copy of Mr. Ferencik's memo here. REVIEW OF EXTENSION OF WAIVER OF 27 REQUIRE: OFF-ST,PKG/SPACES Mr. Green: Yes. Mayor Ferre: This is Item 6. The administration, the depart- ment after its annual inspection of the property could not recommend automatic renewal and the matter was referred to the City Commission for consideration. Now, they have five points (1) the louvered wall has been replaced as per recom- mendations - so that's fine. (2) The damaged trees had been replaced by unacceptable substandard plants. That's one problem. Now we go to (3). There were two junked vehicles on the property. The problem of junked cars on the lot had been discussed with the owner's representatives in Mine. At the time there was only one unlicensed vehicle there. That's a problem. Then we get to (4). The planters in the parking area had not been cleared up. (5) There was no way at the time of the inspection to check the operation of the soakage pit. Now has that been inspected since? Ni. Green: I don't know but I can answer all your questions, Mr. Mayor. Mayor Ferre: All right. I will recognize you in a moment. Mr. Ferencik: Mr. Mayor, I have an inspector up there on that site this morning. He should have been back here by now. He is tied up in traffic and I just can't tell you what today's condition is until he getw back here. Mayor Ferre: All right, Mr. Green. Mr. Art Green: I have the photographs, Mr. Mayor. Now the louvered wall has been replaced. I have photographs of that if you wish to see them but since there is no objection do you want to see the photographs? Mayor Ferre: No, there is no objection. Mr. Green: All right, sir. Now with respect to the damaged trees or unacceptable; the original trees are here. As you will see those original trees were chopped down by the tenants. We replaced those trees and when Mr. Brooks and I went there and told they we were going to replace the trees one of the tenants told us if we replaced they will tear they down again. Nevertheless, we spent $163 and we replaced the trees and here is what happened to the replaced trees. Mayor Ferre: Maybe George Washington came back. 19 O C T 101974 4r. Green: No, at happened to the replaced trees was one Of the tenants who owns a cad lilac and whoa we know poured kerohene on the trees. He just doesn't want trees there so he deAtroyed these new treed. His said he is going to con- tinue \\a do it. flow we cannot evict him because the tenants will noi". come to court and testify against him and say that he did these things. 8o since there is nothing in the reso- lution pissed by this Commission originally granting the waiver or any of the subsequent resolutions calling for any trees or any planters and since Mr. Landfieid did this be- cause he wanted to beautify the place I would suggest that what 1 had in mind and I bring it to the attention of this Commission, I'm going to eliminate the trees, eliminate the planters, there are only two of then and put concrete there so that we'll have a real concrete parking lot and nobody can chop down concrete. I hope. Now so far as the two junked vehicles are concerned - there are not two. At our last in- spection, the day befor.s yesterday there were three. Now these three, they call them junk cars. Actually, one of them is a taxicab without a license. The two of them are pretty good care but they had 1973 license plates on them. We have notified the City of Miami to put red tags on those care so that the County can come and remove them.; That is in the process of being done. In fact, it has been done except that the City has notified us that they are so far behind in this particular area that it may take a little bit of time. But the City has been notified, the City is redtagging them which means that they are putting a tag on, giving the owner, whoever he may be, 48 hours to remove the cars or the county will then remove them. The City turns it over to the county. Mayor Ferre: Mr. Green, we're really running way behind. I tell you what I would recommend and see if the Commission wants to accept. I don't see how we can vote on this today with all these things that are evidently, I think that we ought to give you another 30 days or 60 days to get these things cleared up so that there won't be any questionn on the record that you complied with the requirements of the City. Now, Mr. Ferencik, you will have to send an inspector out there again and see if he has complied. If he hasn't you've got one vote against you right here. Mr. Green: May I ask this question, Mr. Mayor? What am II to do about the trees? There is no provision there that says I've got to have trees. I want to eliminate the trees and concrete over those two planters. Mayor Ferre: Mr. Ferencik. Kr. Ferencik: The resolution goes to the number of parking spaces and not to the landscaping. There is a standard re- quirement for landscaping. I have no administrative quthor- ity to waive this landscaping requirement on this property. Mr. Green is right. The resolution that you're talking about goes to the question of how many parking spaces he's providing in this unit which is less than a standard number. But the question of the providing of the trees and shrubbery or what- ever else he has to provide on this particular parking lot is a matter of standards that are established in the zoning ord- inance and I have no administrative authority to waive it. Mr. Green: Hell then I will have to come here again and then go before the coning board and ask them to waive it because I can't keep on planting trees and having them doused with kero- sene everyday. 20 OCT 101974 . Plummer: Let me ask a guest.+on. Mr. City Attorney. if we deny this applieation for kn extension of the waiver. of the parking spaces wlit happens? Mr. Lloyd: He'll have to comply with Mr. Plummer: Mo, he , doesn't comply - we don't extend the waiver. Nhat happens? Does he close the apartment house down? Mr. Lloyd: We'll. have to take him to court. Mr. Plummer: But I mean the normal procedure without going to court Mould say they had to close the apartment house down? Mr. Lloyd: Yes, sir. Mr. Plummer: I think you had better tell that tenant, Mr. Green that you might not ;have the authority to evict him but we do. I'll move you get 60 more days and that's itl Mayor Ferre: In 60 days he'd better get a little taste for liking trees. Mr. Plummer: Somebody had better stand out there with a match and if he goes at it again with kerosene.... Mr. Green: Nell very frankly, I don't know how we can evict a tenant, Mr. Commissioner.... Mayor Ferre: You can't, we can. Mr. Plummer: We can, we can close the apartment house. Mr. Green: And that will involve a lawsuit. Now there is another way if the Commission wishes to assume resp-osibility. Juet simply destroy all that beautification in the "ront of the house and turn that into a parking lot. And I would be very reluctant and I'm sure this Commission would be very reluctant to do that. Mayor Ferre: Comte on Art, comply with the rules. Play the game by the rules. Mr. Plummer: Art, I think you'vejust got to go to this man with a can of kerosene and you've just got to tell that sucker, "Look here now, if you do it again the City is going to close the apartment house because that is what we have the gkthority to do. Mayor Ferre: There is a motion to defer this item for 60 days and have the administration come back with a memorandum on compliance during that time and in the meantime, you comply or you've got problems around here. Is there a second? The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-1105 A MOTION TO DE,fER FOR A PERIOD OF SIXTY DAYS AN APPLICATION FOR CONTINUED WAIVER OF DEVEL- OPMENT OF 6 OF 27 REQUIRED OFF-STREET PARKING SPACES IN CONJUNCTION WITH 22-UNIT APARTMENT BUILDING AT THE SE CORNER OF NW 5TH AVENUE AND 21 OCT 101974 34'E STD IS ORDER TO EMUS THE APPLICANT TO SKIM THE PURISES INTO COMPLIANCE WXTH TEE CITY' E SSOOTISMSNTS, AND THS CITY MANGER TO IMPORT SACK TO THE COMMISSION AT THE END OF TION TIDE;. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. TSB: None. 8. BR1 CKELL HAMMOCK UNIT 111 CHANGE ZONING CLASSIFICATION LOTS 8 & 9 - BLfCK "G" & 3LnCK "H" DISCUSSION & CONTINUED LATER Mayor Ferre: Let the record reflect; no, I don't have a con- flict. Mr. Plummer: Mr. Mayor. are there any objectors? Are there any objectors? Mayor Ferre: All right, sir, come on up and we'll listen to your objections. Now this is a change of zoning Mr. Plummer: Let me go and make sure I'm on firm ground. Mr. Acton, as I recall, sir, this action that I'm talking about took place before I went on the Commission, that the Commissions some years ago gave like Carte blanche from the Rickenbacker Causeway to 15th Road that all of this area would and could be changed to R-5A. Mr. Acton: This was the result of the Brickell Study. Mr. Plummer: That is correct. So this is the reason that you have recommended for approval? Mr. Acton: Yes. We have recommended approval. Mayor Ferre: A11 right, we will listen to the objector. Mr. Oscar Felcor: I live at 145 S.E. 25th Road. I'm the president of the Brickell 25 Condominium Association and I appear here representing the 37 unit owners of Brickell 25. I will repeat some of the points which I made at the Zoning Board meeting which is than the owners of these condominiums purchased those properties with the knowledge that those two corner lots were zoned R-3. There have been court cases stat- ing that zoning should not be changed without the necessity of improving the community. Otherwise purchasers don't know what they're buying. The situation of parking on that short street of 25th Road is Beverly congested at present, partic- ularly from late afternoon until early morning. There is a convenience factor but more important there is a safety and health factor. If an ambulance or particularly a fire truck would try to get into that area many times it would be almost impossible or certainly they would be delayed in getting into that area as I say particularly from late afternoon until early morning. At the Zoning Board meeting the petitioner acknowledged this sever parking problem and one of the gentle- men who is an advisor lived on that street and he himself has had to have cars towed away so he could get his own car out of there. There are now a hundred and seventy families living on that short street. There is an additional 50 or 60 planned to go behind lots 8 and 9 in lot 6 and 7. The immediate plan 22 0CT101974 • if the Zoning is changed would be to add 80 plug units on the south side of 25th Road. This would severely exasperate the already existing problem which we have. At the Planning Board Meeting the board pointed out that the other lots along Brickell had been rezoned to R-5 and that because of that they felt the owners of the two lots, the petitioners should also be rezoned to R-5. It was oounterstated by myself and another objector, actually there were two objectors not only one as listed on the minutes that first the situation is different. We have there an intersection and the rest of Brickell Avenue up until I think it is 15th or 16th Avenue have no intersect- ions. There is a fairly large motel on the southwest corner which has an entertainment bar and restaurant and I don't know how many rooms but this brings more cars into the area and the other point that we made at that time was that if you only approve the change because of what has been done for the other lot owners it is an expedient solution in that you're not look- ing at it in a long range plan. This is just to say well this is a way of getting out of it, everybody else has it let's give it to them. But it is net a solution to the future. The petitioners have purchased this property knowing that it was R-3. The 37 unit owners of the condominium purchased their condominium thinking that it would stay R-3 and if .his zon- ing is changed it would further jeopardize the safety and the health of the 170 families who live on the southern part of that road. It would detract from the value of the property of the unit owners who purchased their condominiums expecting that the R-3 zoning would remain and it would accelerate the deter- ioration of the property values in that area. I do not think that it is a good solution to the future development of Miami in that particular area. Thank you, gentlemen. Mr. Plummer: Let me ask of the applicant, basically, I would assume and maybe sometimes I get in trouble when I assume; but isn't it reasonable to assume that any ingress and egress is going to be to Brickell Avenue? UNIDENTIFIED SPEAKER: That's correct. Mr. Felcor: By means of utilizing 25th Road as the means to get onto Brickell. UNIDENTIFIED SPEAKER: Yes. Mr. Felcor: ....has no driveways emptying onto Brickell Avenue. llr. Plummer: Sir, nay I ask you a question, and this is really a little bit off the record, Mr. Mayor, off of the subject. Sir, of your apartment house you say there is 170 families. Is that correct? Bow many in yours, 137, did I hear? INAUDIBLE Mr. Plummer: All right. And Mr. Acton, I want you to hear this because this is something I've raised before. It has been brought to my attention that one of the problems that is being created in this 25th Road area is the fact that we, the City Commission through our ordinances require X number of parking spaces. But then I find out that when a man rents an apartment, I don't know about condominium, that he has to pay separately for a parking space. Now let me tell you whet this is doing. I know for a fact of one individual that lives in one of the apartment houses who has two automobiles and a boat and because he doesn't wish to pay an additional $15 per stall 23 OCT 101974 or three stai,is he parks both autoanbiles and the boat on the street„ $ow, if this is true, George, somewhere we've got a great failing in our system because conceivably if no one paid for any of those apace• everybody would be parking on the street and moms of the spaces which we require them to have would be utilised. isow 1 don't know what the answer is, I'm not that smart but it seems like to me that something should be in our ordinances that it is mandatory that they must use those spaces and I thin% this is one of the categories that is being brought home to bear very clearly where the congestion on the street is being created by the owners and here again I can't speak for condominiums. can you speak for condominiums? Do you get a space as a part of your agreement or do you pay extra for it? Mr. Fels: We buy it when the condominium.... Mr. Plummer: But you, do you have the elective of buying it or not? Do you have to buy a parking space? VNIDBZITXFIBD SPEAKER: You have to buy for a condominium, you have to buy the parking space. Mr. Plummer: Yes, but in the apartments you don't. Mayor Ferre: Plummer is pointing out something QNIDINTIFIBD SPBABBR: You get it for a rental, in a rental you must have so many parking spaces per unit but if you want additional parking spaces then there is a charge. For instance, I believe for a one -bedroom you get one car maybe for a two bedroom you get two cars and if you want that third boat there you have to pay for the third space. Mayor Ferre: All right, now Mr. Acton, let me ask you a question because I see nothing wrong in a system where for a one bedroom you get one car, for two you get two cars and then you have to pay beyond that. But I certainly would see something wrong if a person does not get a certain allotment of parking space and he is required to pay an additional fee and therefore it creates the pressures of people who say well the heck with that, I'll park on the street. Mr. Plummer: That's wht's happening. Mayor Ferre: I think that's dead wrong and we really have to do something about it if that condition exists. So I think the way to do it is let's get a motion on the record right away to have you; make a full fledged study along with the Law Depart- ment to see the legal ramifications and I for one would like to pass an ordinance prohibiting that kind of practice. Mr. Plummier: Ok, and I'm sorry to deviate but I had to have tla t known, Mr. Mayor because I have had quite a few calla from people who live in the apartments on 25th road of the parking problem, blocked driveways and such and come to find out here is what is creating them. I'll offer such a motion that they look into it immediately. 24 OCT 101974 The AA/owing Notion was introduced by Mr. Mums* Who ironed its adoption: MOTION NO. 74-1106 A MOTION REQUESTING THE CITY ATTORNEY' AND THE PLANNING DEPARTMENT TO STUDY THE PROBLEM OF ON -STREET PARKING IN CONNECTION WITH APART- MENT BUILDINGS WHICH HAVE OFF-STREET PARKING FACILITIES BUT MAKE A CHARGE FOR SAME. Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reeboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Now gentlemen, if you will sit down for a moment and excuse us because it is now 10:00 and by law we must re- ceive sealed bids. So is there a motion? 9, RECEIVE SEALED BIDS - K. R. 29TH STREET HIGHWAY I MPRnVEr1ENT H-4361 Thereupbn the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1107 A RESOLUTION TO OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT SEALED BIDS RECEIVED OCTOBER 10, 1974 FOR CONSTRUCT- ION OF N.W. 29TH STREET HIGHWAY IMPROVEMENT H-4361. (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. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. BIDS WERE RECEIVED FROM THE FOLLOWING: State Paving Corp. Everglades Sod & Landscaping Inc. D.M.P. Corporation G.T. F. Corporation Troup Brothers Inc. L.C. Morris, Inc. Pestonit Nursery & Flowers, Inc. Holland Paving Co. Inc. The John Still Construction Co. Ronlee Inc. P.J. Constructors, Inc. Marks Brothers Co., Not Inc. Stone Paving Co. The Lowell Dunn Company 2; OCT 101974 • 10, Mayor Ferret Go ahead. CHANGE ZONING CLASSIFICATION- LOTS 8 & 9- BLOCKAIO AND H U**D*NTIFIED 8PEAioeR: I don't know where we are at this point. Mayor Ferret Mayor Ferret Well, you've heard the objector nape his position know, you've heard the administration and now you'v, got a closing statement and then we're going to have questions from the Commission and we're going to vote on it. Mr. Stewart Marcus: My name is Stewart Marcus. I represent Phoenix Construction. I'm an attorney. I might just point out that all of our parking is concealed within the building and with all the structure. There is no exposed parking whatsoever. It is all indoors, that there is a very beauti- ful area: would you like to show them the plans, Mr. just so that they see that. IMAUDIBLE COMMENTS Mayor Ferre: Are there any questions from the Commission? Are there any statements from the Coi .ssion? Are there any notions? Mr. Plummer: If everything else fails I'll be glad to do it. Mr. Mayor, I've said before and I think that here again to sake the area consistent I think to give the idea that this Commission or Commissions previous went on record that this area would be in fact R-5A in the past. I see nothing wrong with it now. I think right now we have something of which we can be proud of of the development of this area. I'm sure that these people will do a good job if by nothing more than the fact that they've got to sell those units and i think most of them in the area have been luxurious units and some- thing that we will be proud of. I will move to uphold both the Zoning Board and the Planning Department. Rev. Gibson: Mr. Mayor, I'm reluctant only because didn't I raise a question sometime before about that area and I was told that it was the understanding that. Do you remember that? Mr. Plummer: Father, let me clarify that for you and I think maybe this gentleman didn't understand if you didn't. Father, the Commissions previous to my being here said in a Planning Study of the Brickell area that it was recommended that this entire area go from an R-1 and other classifications to an R-5A. Such people as our illustrious Mayor who was not presently a member of the Commission at the time said "That's great but gentlemen, please remember one thing. I like to live in my home as it is today and don't wish to sell my residence to an R-5A. If you infect rezone it today to R-5A you will ten -fold increase my taxes." So the Commission went on record at that time that it wasn't fair to those people who still wished to reside in their private homes to increase their taxes but they gave it at that time that anyone at anytime they would approve the R-5A without any question. Rev. Gibson: Ok. That's what I wanted to hear. I thought that was said and I wasn't quite certain. What I believe now is other people have it and its more or less understood and agreed upon. Isn't that right? 26 OCT 101974 Mr. Pi r: Weii it was also, rather, one step further. As I reca11 the departeent at the time felt that it was evenbbet-. ter to do it this way rather than to overnight completely build that area. If it was done on a slow process would be better than an impact of over night. Mrs. Gordon: Mr. Acton, I believe that at the time the Brickell, Study was done both J L. and I were on the Planning Board and I recall; now i'a no.: saying that things muist re- main always the way they used to be because sometimes things have to change and there are good and valid reasons for change. But we at that time on the Zoning Board that we served on specifically delineated this particular site for R-3 for a specific reason. Can you refresh our memories on the specific reason? You were in the Planning Department at the tine. Mr. Acton: As the Commission probably realizes the Holiday Inn site which is across the street was zoned by cou:-t action some date in the past to an R-3 classification to allow its building of a hotel unit. I'm unsure now as to the action the court took in applying the R-3 on the bay side of Brickell Avenue but it was out recommendation that the R-5A should eventually encompass all of that area along Brickell Avenue. But I think in answer to your question I think that you were concerned at that time about perhaps allowing the R-3 zone to remain as a spot zone. If you take a look at the map you'll see that the Holiday Inn is zoned R-3 and when you take this action to rezone the property on the Bayside of Brickell Avenue R-5A then it leaves this little spot of R-3. But that was done, as I said, by court action before I joined the Planning Department Mrs. Gordon: I remember that so clear]y. Yes. Mr. Plummer: Rose, let ae tell you what I remember and please don't hold me to this. But something came up in reference to the Holiday Inn across the street and these people are going to be fighting the sane thing; that this building is going to be so close to the fly -over that it could be a detrimental affect to the tenants and as I recall that was a part of the conversation. Now I could be all wrong. Mrs. Gordon: No, that was more recent. ; That was when we were already on this Commission, the fly -over addition and the change on the Holiday Inn property were much more recent. This is something that goes back when we were on the board but we did this with a specific reason at that tine which may not be a valid reason today. Now the Planning Department from a professional standpoint, thinks it ought to be extended through and I hope they think it with all their heart and soul because once this is done I don't know how it is going to move from that point on. How is it going to affect this area traffic wise and otherwise with so much higher intensity of zoning than what is on it now. You know if we rely upon your professional judgement in this case I hope you haven't made it so it is tongue in cheek. I hope you know full well that you're making it and if we rely on it we're doing the right thing. You're making it with your full .. You recognize fully all the implications of what this is going to do. Mr. Acton: Yes. That would create a uniform R-5A zoning. Mrs. Gordon: Including what might come in.from across the street. Ok? All right. 2 pi OCT 19740 Mayo renal Mt. Peldor, you raised your hand. We're about to /tote.*mad you like to make a statement? Mr. felcor: The resolution, as I understand it is based on an action that was taken by the Commission or the Zoning Board some time ago. The situation.has developed that, it is a different situation. There is a safety factor, there is a health factor and the situation of this area is different than the rest of Brickell. There is an important intersection there and I don't think you can just say we can go along on what was done sometime ago. I don't know when the Commission did it but I think a study has to be done and take this into consideration because there are people living down there who own properties and their safety is at stake. If there is a fire there at night; it is almost an impossibility to get fire fighting apparatus down there. Mr. Plummer: I think for the record it should be noted that if we hadn't changed the zoning where you're presently living you wouldn't be there. I just want that on the record. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE AMENDING NO. 6871, THE COMPREHENSIVE ZONING ORDIN- ANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION ON LOTS 8 AND 9, BLOCK "G", AND LOTS 8 AND 9, BLOCK "H", BRICKELL HAMMOCK UNIT #1 EXT (7-87), LOCAT- ED AT 2475 BRICKBLL AVENUE AND TWO VACANT LOTS SOUTHEASTERLY ACROSS S.E. 25TH ROAD, FROM R-3 (LOW DENSITY MULTIPLE) TO R-5A (HIGH DENSITY MULTIPLE). was introduced by Mr. Plummer, seconded by Rev. Gibson and passed on its first reading by title by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOBS: None. ON ROLL CALL: Yes, based on the Planning Department's reiter- ation of the recommendat:..on. Mayor Ferre: In voting, let me express my opinion. Mr. Felcor. we on the Commission have to take into consideration the overall good of the community at large. Now citizens participation and citizen's opinions should be respected as much as possible especially residences and people who live in the neighborhood. We have a dilemma in this community. The dilemma is that nobody wants things changed too much in their own neighborhood or once people become a part of a neighborhood then they don't want others to have what they have which is human nature. That is reasonable, I understand that. And I think it is logical. On the other hand we keep saying that we want a low density community in certain parts of our town. For example. in Coco- nut Grove we've just been through squeezing down, if you will, the height restrictions. Now nature being what it is and what happens is that when you put pressure somewhere it comes out somewhere else. Now there has to be an area in a community the size of Dade County of a million four hundred thousand people where you recognize the high density aspects because otherwise it makes such things as rapid transit, and many ser- vices completely uneconomical and we as a city has recognized that the downtown area and the Brickell area down to Ricken- backer Causeway and up through the Jordan Marsh area is that area in Miami that should be the high-rise community, the 28 highriiee area of Dade minty or at least the min highriae area. This is in keeping with that and therefore, and f think that the Planners have foreseen the potential traffic and serer vice problees and they have provided, for exaMple, in certain portions the widening io the future of fl'ickell Avenue and there are areas that are foreseen and have setbacks and all of that just for that very purpose. So based on the recommendat- ions of the planners and based on the unanimous vote of the Zoning Board t vote yes. George Love: I live at 1824 Brickell. I'm a consulting engineer and about two and a half months ago I addressed a letter to Mr. Andrews relative to the waiving of the seventy foot setback for lots zoned R-SA and I wondered if we could have a short discussion on that. Mayor Ferre: That is not before us at this time, is it? Mr. Andrews: No, it is not. Mayor Ferre: All right. We're way behind. So with all due respects, Mr. Love, you'll have to discuss that in private with Mr. Andrews. Mr. Love: Well, I was told to bring it up at this time, Mr. Mayor. Mayor Ferre: You were told by whom? Mr. Love: Mr. Simpson mentioned that I should,.. Mr, Dave Simpson: Mr. Love did direct a letter and it was evaluated by the Public !Works Department and the planners, Planning Department and everyone was in agreement that the seventy foot reserved area for right-of-way would serve no purpose. Mayor Ferre: You realize obviously that that is going to affect other areas. Mr. Plummer: Wait a mirute. There is no way I'm going to vote on that today. Mr. Love: No, but p.m should be aware of it at least. You don't necessarily have to vote on it. Mayor Ferre: Yes, but I want you to know that that is going to affect not only this property but every other property along Brickell Avenue. Mr. Simpson: His is unique because his property is between 25th Road and the fly -over and the 70 foot additional right- of-way at that particular location would serve no purpose. Mr. Andrews: It was not designed for that purpose. Mr. Plummer: Well but wait a minute. Aren't we in a lawsuit, as I recall, with someone who is further down who has encroached on that seventy foot? That's why I don't want to vote on it today. Mayor Ferre: Alright, Mr. Plummer, we're not going to take that matter up today. 29 OCT 101974 • 11, EXPAND EXISTING SUB -STATION- FLORIDA POWER AND LIGHT COMPANY Ni*T!j SIB 1 AYE. TW EJI . t>>Amin Mayor Ferret Are there any objectors present? Are there any objectors present? Are you an objector, ma'am? All right. If all the objectors will, why don't you sit here, lady. Oh it is too cold. All right. You sit there and then I'll recog- nize you in a little while. Now let's hear fromFlorida Power and Light and then we'll listen to the objectors. Mr. Warren Fox: Good mornin;. Mr. Mayor, members of the City Commission, my name is Warred Fox and I'm the Commercial Man- ager of the Miami district for Florida Power and Light Company. My address is 25 S.I. 2nd Avenue. We're requesting City Commis- sion approval to expand the existing substation facility locat- ed on the north side of S.N. let Avenue between S.W. 16th Avenue and S.W. 16th Court. This station was initially placed in ser- vice in 1966 at which time the electrical demand was 6000 ki10- watts as compared to today's demand of 35,500 kilowatts. This station is presently supplied from our underground existing transmission system which passes through this station with termination point at our Miami plant and Coconut Grove sub- station. Additional property adjacent to the station is re- quired to install a new underground pipe and supply cable sys- tea to this station. This system is nearing the upper limits of its electrical capacity and will require complete replace- ment. Due to the extensive work required to install a new underground supply system we anticipate total completion in approximately three years. Based on our projected three year electrical load study the existing system will become over- loaded thereby imparing our ability to provide sufficient electrical capacity and maintain service reliability and con- tinuity to our customers served from this station. This re- quest has been recommended by the City of Miami Planning Depart- ment at its meeting of September lath, 1974 of the Miami Plan- ning Advisory Board adopted resolution PAB 42-74 recommending approval of this request subject to certain conditions. These conditions have been complied with by our filing of revised plot plan and landscape drawings with the City Planning Depart- ment. We respectfully request approval by the City Commis- sion for expansion of this facility. We will be glad to answer any questions you may have. Thank you. Mayor Ferre: A11 right. Now we will listen to the objectors. Alright, Mrs. Alexander of the Planning Board. Mrs. Selma Alexander, 2323 S. Miami Avenue: Mr. Mayor, mem- bers of the Commission, Mr. Fox, I have to revert back to the fact that I am the negative voter on the recommendation as proposed by the Planning Advisory Board. Mayor Ferre: Mrs. Alexander, excuse me for interrupting you and I say this very respectfully because I've noticed at the last three Commission meetings that you have appeared here. This is the fourth or the fifth time that you have appeared on an item. Now I think you do have a right as a citizen to appear but I think you have, you might have, if there is a pattern to this and somebody; I'm just Baying this respect- fully; somebody might challenge that since you are on the Planning Board that you do appear at every Commission meet- ing on items. I'm just respectfully pointing that out for the record. 30 OCT 101974 Mri. Alexander: 1 aee pt the point however 1 would like to point out, Mr. Mayor, that at the last meeting you designated me as the Planning Board. 1 Oak* up as a citizen. I'M coiing up as a citizen now speaking for the citizens. The recoMMendati- ion. Mr. Lloyd: Just a moment. As a member of the Planning Board you cannot speak for any'tody but yourself. Mrs. Alexander: Ok. Well, I'm speaking as an individual. I was at the hearings, the item Was deferred because the neigh- bors complained that it was a frightening experience to go along the wall along S.W. lst Avenue and the planting that was between the sidewalk and the curb. It made a very narrow corridor badly lit, etcetera. Florida Power and Light was re- quested to get an estimate as to what it would cost to set that wall back a minimum of 5 feet and I'm not against Florida Power and Light or progress and I don't want candlelight either but I do think that from the point of view of the savety that if that wall were set back which is possible according to their findings, and if the planting were to take place along the wall between the sidewalk and the wall leaving open space out to the street it would no longer be as frightening. Mayor Ferre: A11 right. Now let me ask. Mr. Fox, could you do that? Mr. Fox: Yes, sir. The wall could be moved back and as I mentioned at the Planning Advisory Board Mayor Ferre: And you could landscape then the front part. Well I strongly recommend that that be one of the conditions that should this thing. Mr. Fox: One thing I would like to mention, we did say that to move that existing wall back five feet that first we felt that it was an unproductive improvement expense at a time when my company is trying in everyway that they can to reduce ex- penses. Mayor Ferre: Yes, I realize that but this is a very import- ant item to this community and I completely subscribe to what Mrs. Alexander has just stated, I as one voice here. I think you're going to find that that's something that might be neces- sary. Go ahead, Mrs. Alexander. Mrs. Alexander: The main point is they did come back with a figure to move the existing wall back that five feet would be $43,000 and I just don't think at this stage of the game with all the objections that were present that they should not be asked to do this. The recommendation from the Planning... They said they would cut back and trim and keep the trees trimmed because it would let more light in but their record of tree trimming along their rights -of -ways and easements has not been all that great. I don't take much credence in that and I think the wall should be moved and the landscaping moved and the sidewalk opened to air and light. Thank you very much for hearing me as a citizen. Mayor Ferre: A11 right. I'll tell you, before we hear the other lady let me ask you; Mr. Andrews has pointed out some- thing that is very important. I think you have to in all fairness, you have to explain specifically, now if you're going to expand this station you will be corning in under ground. Is that correct? 31 OCT 101974 Mr, rOttt That is absolutely correct. Mayor Ferre: That means that you're probably have to be tearing up some streets and that will affect people's homes and 1 assume businessed. Is that correct? Mr. Pox: Yes, sir. We will be digging Mayor Ferre: Have you contacted? Mr. Fox: No, sir, we hate not selected a route since the placement of this cable is quite extensive from our Miami Plant to the Coconut Grove substation. We have not selected a definitive route. I might mention the present cable is underneath the median strip of U.S. 1. Mayor Ferre: Well don't you think perhaps you had better select a route and let us know exactly what your intentions are before you ask for approval of this sort? Mr. Plummer: Well, I think it is the other way around. If they don't get the approval why worry about a route? Mayor Ferre: Well, but.' don't know whether I quite agree with that. I think they ought to come here and let the people that are going to be affected know. Mr. Fox: Mr. Mayor, what I would like to point out is when a route is selected that we would absolutely make a personal contact with everyone on that route and assure them that we will have a person there permanently assigned to assure that everything is taken care of. Mayor Ferre: I see. Let me ask you two other questions. Will this substation serve anybody other than the people in the City of Miami? Mr. Fox: No, sir. Mayor Ferre: A11 right. Do you have any alternates, are there any other alternates if this Commission turns you down? Mr. Fox: Not really sir. We've tried to seek other stations and we've not been able to do so but we have no alternates here other than. Mayor Ferre: You know ladies and gentlemen, one of the prob- lems of these things is that everybody wants electricity but nobody wants any of these stations in their neighborhood. It is the same old story over and over again that we hear and in other words what you're telling ne is that you do not have any selected alternates at this time. Mr. Fox: No, sir and as I say the station ;does exist. The location in which it was in was acceptable. The Planning Department indicated it was a viable location. Mayor Ferre: A11 right then we'll hear the other objectors. Yes, ma'am, your name and address for the record. Emily Spofford: I live at 2299 S.W. 16th Court. I am here this morning to represent my neighbors in Woodside Subdivis- ion in opposing expansion of the Florida Power and Light Com- pany of the Natoma Substation.You no doubt have received 32 OCT 101974 Petitions front nit signed by a number of our neighbors and stating the reasons why we are opposing this and if you wouldn't wind just a moment I will quote two short paragraphs from that. "in the event that the City Commission decides to grant the permission applied for we respectfully request and urge that a an agreement in writing, irrevocable be first obtained from Florida Power and Light that no further expansion will be asked for at this location. Also that trucks servicing the facility be required to use other streets of ingress and egress other than residential B.W. 16th Court during construct- ion as well as during continuous operation of the plant. Mr. Plummer: Mr. Mayor, if may. I have, and I just asked from the Planning Department and did I hear you say you agreed to these stipulations? Mr. Fox: That's correct. Mr. Plummer: (1) They will maintain a 5 foot setback on the southeast corner and construct the required sidewalk. (2) Florida Power and Light will maintain additional lighting along B.W. let Avenue for the safety of the neighborhood. (3) It is mandatory that the landscaping on the entire site be trimmed and maintained in a manner to provide safety to the neighborhood. (4) That no future expansion into this residential area will be permitted in the future and (5) Site plan development will be subject to Planning Department approval and review of traffic operations; and if I'm not mistaken that covers everything in ; your letter. They have agreed to it and would become a part of the resolution. So I just wanted to read that for the record. Does that cover all of yours? I believe it does. Ok. I'm not trying to exclude you but she brought up the points and here it is so I just wanted to make sure. I'm sure I can tell you to come ahead. Ms. Ida Maria Cevasco: I live at 3725 S.W. 1 Avenue. I've lived there for 22 years. My home was broken into again since I wrote the letter to you. Twenty-two years I've lived there. Well, I'm not going to get emotional because I'm going to fight. First of all, may I have a pointer? I want to show my property on the map. Mr. Plummer: It is the red portion there in the corner along- side Dixie Highway. That's her property there. Mrs. Cevasco: (INAUDIBLE -not using microphone) Mayor Ferre: Mrs. Cevasco, go right ahead ma'am but I just don't want you to get upset where we're going to have We uhderstai d. INAUDIBLE Mayor Ferre: Mrs. Cevasco, I think if you would speak on the microphone then it would be on the record. A11 right, well go ahead. I understand. We understand what you've said and we understand your problem. I think I do, I think we all do here. Well, we don't understand it like you do because you live there but we've followed what you've said so far. Mr. Plummer: Let me ask this question. Mr. Fox, the woman is obviously concerned for her safety. Now, I think two points have got to be clarified by you. (1) Can you give this woman as well as•this Commission assurances that you will maintain and keep trimmed this shrubbery? (2) That you will 33 OCT ] 01974 • maintain, let's tall it better than adequate lighting of that sidewalk area and (3) her concern has to be laid to rest that in no way that the underground cabling into this station will be a safety factor and I think that is your responsibility to.. if I understand correctly these... Look, you can't do anything about the break -►in to her house. I understand that. Ok. Now but what I'Ym saying is she has a real fear and I think you've got to lay this to rest and if need be we can be even more stronger in this wording of this resolution here of the things that we're going to im- pose upon you so I think you'd better address those two items. Mr. Fox: Commissioner, I caa certainly give complete assur- ance on all three of those items that we will see that the landscaping is properly trimmed, maintained, that the light- ing and adequate lighting is installed Mr. Plummer: No, more than adequate lighting. Mr. Fox: More than adequate, that it will not prevent, we will do everything we can in there to help the neighbors. We want to help, we will help. Mr. Plummer: All right. Now the third one really should be answered by Mr. Ferencik. Mr. Ferencik, if I understand the woman's concern it is of the high intensity of the underground cable and I'm sure it would be through your department and public works that in fact that she has to be assured that there would be no safety factor involved with these cables. Mr. Ferencik: Well, the safety factor in transmitting high energy electricity is not controlled by my department or by any agency of the City. This is a matter that is contolled by rules and regulations that we do not enforce. These cables lie in the public right-of-way. The underground transmission facilities of the Florida Power and Light Company have never really caused any serious problem in this community. I can tell you that. Mr. Plummer: Are they sufficiently underground. I think, is that your problem? That they are sufficiently underground. Mr. Ferencik: Well, the power company places these cables undergroud. They protect them every way they possibly can. They mark them so that people wouldn't inadvertently dig into them. Now I would say this that in event of a hurricane or some sort of other disaster this type the likelihood of under- ground facilities causing problems is less than that of over- head. Mr. Plummer: Ok. Mr. Andrews: Commissioner Plummer and Mr. Mayor, these cables from my knowledge, and Mr. Fox can point this out more clearly, are usually burried deep enough so that they're in water to' help the cooling process so they're put down quite far. Mayor Ferre: All right. Now we really have to move ahead. Mrs. Cevasco: I just want to say one thing. Commissioner Plummer, the fact is that why is the Wackenhut Insurance Agency engaged if there is no danger there? You know as well as I do during the strike; I live there and my home has been broken in at least 10 or 12 times across the years and that is caused by the deterioration of that neighborhood. 34 OCT 10 1974 • Now 1 just Want it on th : record also there's art Rol �conin theft on S.W. leth Court. Now this man bought the hedge next t: 4Chat building 1'ia hoping about. 1 hope that I don't have to appear here for another changing in toning in the near future which I'M expecting that to come up, Mr. Mayor. You see what is going to happen to the neighborhood. But I will come here and oppose it. Mayor Ferre: I think I can speak for everyone on this Commis- sion in saying that we certainly don't want to cause anybody any hardships and I think this Commission has certainly been on record many times in:trying to protect the integrity of residential neighborhoods. I'm sure I can speak for everyone here of giving you that'assurance that ww'11 do the best job that we can. Mrs. Cevasco: Will they cut those trees and shrubberies down? Mr. Plummer: Well, that's pirt of the condition. if they don't do it we will withdraw it. Mrs. Cevasco: Between the sidewalk and, there should be no shrubbery there. Mr. Plummer: No. Now let's be clear. I said that it would be maintained so there would be no safety hazard and if it is not then we have recourse. Mrs. Cevasco: There is no safety there now, believe me. Mr. Plummer: Well, that's why we're going to make them trim it. Mrs. Cevasco: What is the ordinance, 30 feet between trees? Isn't that supposed to be something like that? You can't plant shrubbery like that. You can't see a person's body when you walk there. Mayor Ferre: I think she has a point and we really ought to address ourselves to that. Mr. Andrews: And not only that there is a responsibility as far as we're concerned which I will make sure will be reviewed and that the lighting is adequate, that there are no..ahadows... Mr. Plummer: More than adequate. Mayor Ferre: Mrs. Cevasco, if this thing should pass and if you're not satisfied I want you to feel completely free to come back before this Commission and we'll be happy to bring this natter and the Manager is taking the responsibility as far as this item is concerned. Mr. Plummer: Where is the other lady that spoke? Mayor Ferre: All right. We have other speakers now, Mrs. Cevasco. Who are the other speakers that wish to be heard? Are there any other speakers that would like to be heard on this item? Your name and address for the record. Speak into the microphone. Mr. Max Rowan: Mr. Mayor, I have the property just north of the existing plant. I also would like to speak as a citizen 35 just like the lady from the Planning Board, t have lured in this piece of proPerty 28 years. 1've been instrumental in seeing to it that the existing plant, I was for it lbo% be- cause we had a vacant lot there, we could have had.... Mayor Ferrel Mow long ago was that thatwas put up? The plant. Mr. Rowan: The plant, since '66. Mayor Ferre: And you were for it then? Mr. Rowan: I was for it for various selfish reasons. The reasons were that there was a possibility that a gas station could have gone in there, a motel could have gone in there. I reckoned with my neighbors about that. I had absolutely no idea at that time what was going to happen now, I have been a painting c^ntractor in this town since 1941 and this business of the wall and the trimming of the trees, I've got 143 feet laying on the north side of that existing plant and those people are there twice and three times a week on those shrubs. Mayor Ferre: Is your lot 25? Mr. Rowan: I'm just north of the exting plant on 16th Court. Mayor Ferre: You're lot 5. Point it out, would you please. Mr. Rowan: I have two lots just north of the existing plant. I want to say another thing in reference to the Muggers' Alley. I'm adjacent to that whole area there for the last 28 _ytz r, . We have yet to have a complaint, a police car drive sp, of any incident in that area. Mayor Ferre: You haven't had any incidents? Mr. Rowan: Not one. I have never been broken into and I don't blame that on the Florida Power and Light. Maybe it is because of my means, my financial status, I don't know what it is but we have never had any trouble there on that block. Now as far as the trucks are concerned, we are fort- unate in having periodical visits of the county pick-up or the City pick-up, whichever it is and they've been very good to us and their trucks come up and down the street picking up the trash. Mayor Ferre: Are you talking about garbage now? Don't make any mistakes about it that's City of Miami. Mr. Rowan: City, well my hat is off to you. And the Florida Power and Light is being blamed for the truck traffic on that street and it is the trash traffic that thank God we have. Rev. Gibson: I heard you say that these people are there two and three times Mr. Rowan: The shrubs, let me get into that. Before I signed the petition for the station in 1966 the Florida Power and Light visited me as a very important person on the block to reckon with their facilities and they showed roe photographs. They asked me what type of stone I would like. I didn't like the idea of the clay block. I asked them if they would put the decor block in. They said they would. They showed me pictures of their buildings landscaped. You ladies and 36' gentlemen know where the aubstatio n is and anytime driving by you can see that it is always manicured. It is the finest looking piece on the entire block. Yt has added to the area. Rev. Gibson: t want to hake lure we understand what you said. You said they're there how often pruning that hedge business? Mr. Rowan: Possibly two and sometimes three times a week there are people there cutting. I know because Rev. Gibson: Man, I can't get mine done Mr. Rowan: well, you want to change addresses? Mr. Plummer: Get a substation, Father. Rev. Gibson: I just wanted to make sure I understood. Mayor Ferre: Believe me, Mr. Rowan, I don't want to cut you off but we're very late and we really must... Mr. Rowan: I just felt that as a neighbor for all these years and 28 years I'd like to say my piece. Mayor Ferre: All right, ladies and gentlemen we've heard now from members of the public and I think it is time for us to move on ahead. Are there any motions at this time? Mr. Plummer: I'd be happy to. Mr. Mayor, I checked first to make sure I had no conflict of interest. I live further down but Mr. Mayor, I know from my own personal situation that in ley personal home the demand for electricity has tripled in the five years that I have lived there, of course it was reflected in my bill but the only thing I can say very simply is that if I, one of the users in a very close proximity to this station have put an additional demand I'm sure the demand has to be met. Florida Power and Light has no choice, they must meet the demand. I think with the incorporation of the stipulations from the Zoning Board being incorporated in this motion I will move for approval and remind Florida Power and Light that if they don't live up to the conditions the.t it is subject to being revoked. So I think with that I will offer for approval. Rev. Gibson: Let mn 7 sure I understand it. The matter that the Mayor sp ke about about that wall moving and... Is that a part of tt? Mr. Plummer: The five items that were incorporated: The cor- ner of the building, the five foot on the corner of the build., ing; yes, that's going to be taken. Where is it? I gave the copy to that lady. George, do you have another copy? You don't have another copy. INAUDIBLE Mayor Ferre: All right. And the Manager is also going on record stating that he will see that this properly maintained and quite frankly from the record of Florida Power and Light I don't think that will be much of a problem. Mr. Andrews: That's right. The only thing we'll really check is to make sure that as a result of the lighting and the trees and that, that we don't create any unusual shadow conditions where people might be reluctant to then use the sidewalk. 37 OCT 101974 lik Mayor Ferre: 1 think that is important. Rev. Gibson: Let Me make sure that 1 understand too. Now Mr. Mayor, when Mrs, Alexander was here speaking you said you agreed with her concern. Now is that part of the operation, what we're going to be voting on? UIyer Ferre: No, I think in my opinion from what I've seen in the presentation, and this is just a statement of how I see it, the station is already there and there is nothing we can do about it. This in affect is not going to change the stat- ion in any way. If anything it gives us an opportunity to im- prove it and because they are asking for this it will give us an opportunity to improve a situation. It will be better lit, it will be better landscaped, there will be a setback. So for us to do nothing at this time does not change, you know if what we were voting on was to get rid of it or to leave it there that might be different, don't you see. But that's not what we're voting on. We're not voting on that. What we're voting on does not entail their leaving. All it really does is we end up basically with an improvement. Rev. Gibson: I followed that the only thing that I'n concerned about is when she spoke she spoke about the moving back of a wall that will cost approximately $40,000. Mr. Plummer: Oh, no. Let me clear that up. Rev. Gibson: I just wanted to make sure for the record. Mr. Plummer: Let me clear that up. That is not included. What they were requesting or what Mrs. Alexander was request- ing that the entire wall be set back five feet and no, 1 can- not vote for that, Father. That's $43,000, $50,000. It is already there. Now in the Zoning Board minutes I read it came out very vividly, Father, if they have to move that wall then all the equipment inside has to be moved back in- cluding the terminal room on the end. Mayor Ferre: Well then I want to apologize because I thought that was what we were voting dn. Mr. Plummer: No, the five foot, Mr. Mayor. Here, let me show it to you. Mayor Ferre: Yes but I tell you, I for one certainly think that that has to be done and I thought that was what we were talking about when we were talking about the five foot. And Selma Alexander was talking about five foot all the way. Mr. Plummer: If he moves this back five feet then this house has to be moved back five feet and all the equipment. Mayor Ferre: Well, I'm sorry that that is going to cost you $40,000 but I certainly will vote against it unless that is done. Did you hear that, Mr:Fox? Mr. Andrews: Mr. Mayor, may I offer this as an alternative to moving the wall and that is I think there is sufficient right- of-way there that by working with Florida Power and Light Com- pany and they would have to bear this expense, that we might examine moving the sidewalk five feet further away and relocate the trees. That would do what you're... Mayor Ferre: That would be satisfactory to me as long as you have that 5-foot strip cif landscape all the way around. 38 OCT 101974 '. Pox: Mr. Mayor, there in presently a strip eight filet four inebes wide betweeA the edge of the existing pavement and the sidewalk. to addition to that there is a five foot sidewalk. These trees are planted in that eight foot four inch. So it is ....... Mayor Ferre: 8o What you're saying then, then I misunderstand. In other words what you're saying is that instead of an eight foot setback you'd have a thirteen foot setback. Mr. Fox: Well, the sidewalk is in the dedication, present dedication. In addition, there is a strip eight foot four inches wide in which the trees are planted and then the pave- ment. Mayor Ferre: What the City Manager was saying is that instead of eight feet it would be thirteen feet. Mr. Fox: It is thirteen feet from the edge of the pavement. Mr. Plummer: In other words what you're proposing is to move the sidewalk out. Mr. Fox: If the sidewalk could be moved out something, those trees in there, would have to be; but we could work with the City and the people on that. Mayor Ferre: well the trees would remain because that would be just green area. Mr. Andrews: In other words, Mr. Mayor, We have a thirteen foot strip from wall to the edge of the pavement. The side- walk is so located, as I understand it next to the wall and what she is saying is that that wall should be set back. Well rather than go through all of the expense of setting the wall, we readjust the sidewalk so it is further away from the wall. Mayor Ferre: That is a good compromise. That won't affect the street? Mr. Plummer: You're not talking about $40,000 either. Mr. Andrews: No, sir. They're talking about something far less than that. Mayor Ferre: That would not affect the street and travel? Mr. Andrews: I don't think eo. It would just stay within the thirteen feet. INAUDIBLE Rev. Gibson: If we did what was just said, you know, taking in that thirteen foot strip and roving the sidewalk who will pay for that? Mr. Andrews: They would. Rev. Gibson: I just want to ask, I want to get it on the record so these people won't come back to us. Mr. Fox: Father, in an effort to work with the City and to work with the community and work with these citizens we certain- ly would be 3:) Mr. 1'1VMM- f t MOVIA9 a sidewalk a wa11 that's 901119 to cost era, payer 46 $400000 I'M opposed to. i'11 go along with but twine i' is a taxpayer, t' fa a rate I'll amend My motion to take.... Mayor Ferre: 1 want to thank Father Gibson for clarifying this. Mr. Plummer: I'll accept it as an amendment. Mr. Lloyd: One moment, I wonder if we could just have a little bit of time to figure oUt where to put that in the resolution which you're passing. Mayor Ferre: Well you come back and figure it out later on because we're now about a half an hour behind.... The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1108 A RESOLUTION GRANTING APPROVAL, AS PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 32, TO EXPAND THE EXISTING FLORIDA POWER AND LIGHT SUBSTATION, LOCATED ON THE NORTH SIDE OF SOUTHWEST FIRST AVENUE, BETWEEN SOUTHWEST SIXTEENTH AVENUE AND SOUTHWEST SIXTEENTH COURT ON LOTS ONE THROUGH FOUR AND 26 THROUGH 28, BLOCK FOUR, WOODSIDE SUBDIVISION (5-28) SUBJECT TO FLORIDA POWER AND LIGHT COMPANY'S COMPLYING WITH THE FOLLOWING CONDITIONS: (1) MAINTAIN FIVE FOOT SETBACK ON THE SOUTHEAST CORNER AND CONSTRUCT THE REQUIRED SIDEWALK; (2) RECONSTRUCT THE SIDEWALK AND REPLANT SHRUBS AND TREES IF NECESSARY ON THE SOUTHSIDE OF THE PROPERTY IN ACCORDANCE WITH THE LOCATION AND STANDARDS SPECIFIED BY THE PUBLIC WORKS DEPART- MENT; (3) MAINTAIN ADDITIONAL LIGHTING ALONG SOUTHWEST FIRST AVENUE FOR THE SAFETY OF THE NEIGHBORHOOD; (4) TRIM AND MAINTAIN THE LAND- SCAPING ON THE ENTIRE SITE IN A MANNER THAT WILL PROVIDE SAFETY TO THE NEIGHBORHOOD; (5) NO FURTHER EXPANSION INTO THIS RESIDENTIAL AREA WILL BE PERMITTED IN THE FUTURE; AND (6) SITE PLAN DEVELOPMENT WILL BE SUBJECT TO PLAN- NING DEPARTMENT APPROVAL AND REVIEW OF TRAFFIC OPERATIONS; PROPERTY ZONED R-C (RESIDENCE OFFICE) AND R-2 (TWO FAMILY) . Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 40 OCT 101974 12e O$JECTtONS TO CONFIRMING ORDERING RESOLUTION FOR FAM I fN H 1 GH1fAY t.MPR(WEMENT H-4381 The Mayor announced the Commission was now ready to consider hearing of any objections to the proposed ordering of Resolution No. 74--63$14 NO OBJECTORS APPEARED The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1109 A RESOLUTION CONFIRMING ORDERING RESOLU- TION NO. 74-638 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF FASHION HIGHWAY IM- PROVEMENT H-4381 IN FASHION HIGHWAY IM- PROVEMENT DISTRICT H-4381. (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, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 13, APPLICATION FOR "WORK RELEASE CENTER" - SPRING GARDEN Mayor Ferre: The next item is Item 9. This is 1017 N.W. 9 Court. The Planning Advisory Board voted 6 to 0 recommend- ing denial. The Planning Department recommended "To be dis- cussed with City Commission." I would start off this whole thing. as to why I've never seen that qualification of .to be discussed with the City Commission. Would you explain why? Mr. Acton: Right. I can explain that, Mr. Mayor. During the course of the public hearing at the Planning Advisory Board level certain information came out that caused the department to reconsider its recommendation that was origin- ally written. And since the Commission originally today was to consider the substance of use ordinance that -although it was not exactly the same in application to the type of uses that this facility would be put to they are very similar in nature and it would be my recommendation to the Commission that they refer this back to the Planning Department and to the Planning Advisory Board for some kind of solution that would not cause the consternation on the part of the neigh- borhood such as was caused by this particular application at the Planning Advisory Board level and incorporate those type of recommendations in an ordinance that would accommodate this type of use in the future. Mayor Ferre; A11 right. Now, did the Commission Mrs. Gordon: I understand what you're saying, Mr. Acton but 44 there's a lot of people here today who can speak to this and 1 appreciate What you're saying but I don't think that we, "1„ don't want to take any, you know, position with your recommend- ation Until I've heard from some people here because 1 Might be ready to say let's forget the whole thing. Mr. Acton: 1 understand that. 1 just wanted to explain to the Com ission the reason for our recommendation, 1 think after you hear this Mrs. Gordon: Thank you for explaining it. Mayor Ferre: All right. Let's hear then first from the appli- cant which is the Women's Detention Center. Dr. Janet Mc Cartle: I'm Dr. Janet Mc Cartle with the women's Detention Center and I think I might be able to save the Commission and a number of the residents from the community in question some time here today by withdrawing the applicat- ion for that specific house. But while we are on the agenda at all I would like to have a few minutes of your time if possible. Mr. Plummer: Well, first of all I think we have to make the determination, Mr. Mayor. Are you formally withdrawing? Dr. Mc Cartle: Yes. Mr. Plummer: Ok. Mr. Mayor, I, well it doesn't take a motion. So legally it is withdrawn. And you understand now on the withdrawal that if you wish to reapply you have to go through the entire procedure again. You understand that? Mrs. Gordon: On this particular application. Mr. Plummer: Yes. Well, she'd have to go through it on any other site. Mayor Ferre: Thank you very much, doctor for saving us a lot of time. Dr. Mc Cartle: But I would like just a few minutes of your time to state our intentions. First of all I want to tell you that the Women's Detention Center is merely, has an interest in providing a work release center for women in this community which I'm sure this Commission is aware we have nothing south of Lantana, Florida for work relief for women offenders who go either into prison in the federal prison or the County Jail and come back out and are attempting to rehabilitate them- selves and we're attempting to help them. So our intention is to establishaa work release center for women in this commun- ity. This project is supported at this time by L.E.E.A. fund- ing. We are in serious danger of losing the L.E.E.A. funds for this project because we've had such a difficult time in locating a piece of property. We are aware of the concern of the citizenry and we realize the difficult position of the Com- mission on matters such as this. But because we do not intend to press this issue on this house today for that reason. How- ever, I do feel that a work release center will be both a long range and a short range benefit to the community to reduce recidivism and by promoting a self respecting self supporting female in this community. These women are returning to this community and it is better for all of us if they return as self supporting females. olost of them are supporting their family through whatever means possible, Often times welfare A') OCT 101974. for not putting them into employment positions. This woman if returned to the ooMmanity in this way would be an asset to her family and to the community and possibly save us any many dollars and 'Web aggravation on another level. to short, it is our goal to turn back to this Community a woman who is an asset rather than one who is a drain on the community re- sources. We feel that the Program is our best pro- gram for that how. This kind of a program has never operated out of a maximum minimum security facility successfully. We are currently trying to operate this program out of the Women's Detention Center and it is not good for the individuals in- volved nor for the Women's Detention Center who is in the position of having to maintain security. Mrs. Gordon: Janet, what is the address of the Detention Center you're speaking of now? Dr. Mc Cartle: The Women's Detention Center is at 1145 N.W. 11 Street. It is where the old City Jail was. Mrs. Gordon: All right, you withdrew this. What alternative are you suggesting that we consider? Dr. Mc Cartle: We are presently seeking alternate sites and in the past week I have found an excellent alternate site. However, it does not meet all of the specifications for this drub abuse standards that the gentleman was talking about earlier nor do I believe that I will be able to find a place in the City of Miami that meeti those specifications. Mrs. Gordon: Well, we're interested I'm sure everyone'up here is interested in finding the right solution. How could we help this come about. That's the reason I've been quest- ioning you. What is it that you're asking of us? Dr. Mc Cartle: Really just your support. There has been some undertow that maybe we ought to take the place out of the City of Miami altogether and put it into the county. That presents severe problems to the program and we do not want to do that. It would cost the program tremendously because we need to be near work, buses and the community within which these people live. Mrs. Gordon: Would you want a resolution of support in principle from us? Would that help you? Dr. Mc Cartle: I think support of the concept would help me. Mrs. Gordon: I would like to move that. The following motion was introduced by Mrs. AGordon who moved its adoption: MOTION NO. 74-1110 A MOTION SUPPORTING THE CONCEPT OF THE WOMEN'S DETENTION CENTER THAT A LIVE-IN FACILITY SHOULD BE LOCATED WITHIN THE CITY OF MIAMI. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 43 OCT 101974 Ctrs Gordon: Doe* that corner what you had in Mind? Dr. Mc Cartle: Well, partly. Mrs. Gordon: 1 wanted 'to make it the way you requested it and if we've left something out and we'll correct it. Dr. Me Cartle: That covers what I hid in mind with regard to even locating a house within the City of Miami. Mayor Ferre: Well that's what we encompassed in our motion, you see. In other words we encompassed in our motion your statement and your statement was that a detention center... Mrs. Gordon: A live-in facility. Mayor Ferre: Should be within the City of Miami where it is accessible to bus routes and working and other necessary liv- ing conditions. That's what you said, and that's what the motion encompasses. Mrs. Gordon: If the wording needs some correcting let us know now and we'll correct it. Mayor Ferre: Do you want to speak to this item, ma'am? INAUDIBLE Mrs. Gordon: We didn't hear you, I'm very sorry. Mayor Ferre: She wants to know would the Doctor expand as to what area she's talking about because the problem is with these things as we all well know is that we're all for them until they come into our neighborhood and -then we're not for them' INAUDIBLE Dr. Mc Cartle: I'm really not at liberty to say that we have specified a home because it hasn't gone through the county pro- cedure to even go out and look at the structure. Mayor Ferre: Well, obviously it isn't this place. Dr. Mc Cartle: It is not anywhere near this particular neigh- borhood. Mrs. Gordon: I think that what we've just said is that we believe that this concept of rehabilitation for women as a step between imprisonment and public life of a free person has to be a kind of a gradual procedure, an educational pro- cedure and that we are in favor of the concept. And that's all we said. Mayor Ferre: We said a lot more than that. Mrs. Gordon: We didn't say Where specifically because we don't know what location but we believe it should be in an area where there's transportation and possibilities of employment and that sort of maybe daycare if they have children so they can have some way of seeing them and so forth. 44 OCT 101974 40 Mrs.'s. *ngelst 1 live at 1011 NA. loth Avenue. What woyid be wrong if this lady would apply for a part of the old part of Jackson Membrial Hospital. There is all of the faeiyiit .es there that she is seeking and with the loud and clear voices We have heard here that Jackson Memorial should take over the other hospital. There would be plenty of room there.... Mrs. Gordon: I think maybe you could get together with her and discuss your ideas and maybe they'd appreciate receiving theta but at this time I don't think that is before us. Mrs. Engels: I just feel that this type of house should not be in our neighborhood. Mayor Ferre: We understand your concer and we understand yout reasoning and we have to move on now because we're an hour late. Mrs. Gordon: That neighborhood doesn't have to worry anymore it isn't going to be there. UNIDENTIFIED SPENCER: I would just like to make one quick comment. My name is Jerry Potter, 828 N.I. 9th Court. I would like to bring to the attention of the Commission quickly since only four members are present right now, should this matter comebbefore the Commission anymore I hope you respectfully and deeply consider the alternatives to moving, and I sympathize with the doctor's problem of moving a house that she is pro- posing into a predominately residential neighborhood. This is why we have 25 or 30 people here upset. Mrs. Gordon: You can go home and rest at ease. Mr. Potter: I know, but should they come back in two weeks or a month....(interrupted)...consider there are other alter- natives, I think a better opportunity would be to put 16 peo- ple as she says here in an eight unit apartment house than to put them in a residential (interrupted). Mrs. Gordon: That's a dead issue. She's withdrawn it. Mayor Ferre: Ladies and gentlemen, so that we can move ahead let me very clearly tell you that this item has been withdrawn. It will not come up again without going through all of the rigamarole and process that it has up until now. You will be advised should it come up. The doctor has said that she hes no intentions of bringing it up. If she is not on the job and somebody else is and they bring that up again you will have ample notice. I don't think it is going to be a problem. We understand your position. We respect it, we thank you for being here this morning, the matter has been resolved. Thank you. All right. Now, for the record I would like to submit a letter from Richard G. Taylor, an attorney representing one of the owners on this item. 4J r OCT 101974. AMEND O .n ANCE 6871 - ADD NEW SECT I 0 42 - 14� "SITE AND DEVELOPMENT PLAN APPROVAL" AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE coHP lEHENSIVE ZONING ORDINANCE, FOR TES cmT? OP MIANI BY ADDING. A NNW SECTION 42, ENTITLED "'SITE AND DEVELOPMENT PLAN APPROVAL" TO ARTICLE IV, GENERAL PROVIS- IONS, AS HEREINAFTER SET FORTH; PEPEAL- ING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of September 12, 1974, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mayor Ferre announced that members of the Commission had this ordinance before them and that copies are available to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8312. AMEND CITY CODE - NEW SECTION 2-24,1(E) 15, PROVIDING FEES TO BE CHARGED IN ACCORDANCE WITH PROVISIONS nF ANNUAL RT1 F I CATS DE USE RENEWAL ORD INANC.E An ordinance entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BY DELETING SECTION 2-24.1 (e) AND SUB- STITUTING THEREFORE A NEW SECTION 2-24.1 (e); PROVIDING THE FEES TO BE CHARGED IN ACCORDINANCE WITH THE PROVISIONS OF THE ANNUAL CERTIFICATE OF USE RENEWAL ORDINANCE; REPEALING ALL ORDIN- ANCES, CODE SECTIONS OR PARTS THEREOF IN CON- FLICT, INSOFAR AS THEY ARE IN CONFLICT. passed on its first reading by'title at the meeting of Sept- ember 12, 1974, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr. Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the follow- ing vote -AYES: Rev. Gibson, Mrs. Gordon,;Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8313 16, VIBGI M GRDYE NI GI!'1!1L L!1PRIME Ertl 4358 The Mayor announced the Commission was now ready to consider hearing of any objeptions to the confirmation of the prelimin- ary assessment roll for Virginia Grove Highway Improvement H-4358. OBJECTIONS TO CONFIRMATION OF PRELIMINARY ASSESSMENT ROLL FOR NO OBJECTORS APPEARED. �� OCT 10 1974 410 The following resolution was introduced by Mr. Pinter who Screed its adoption RESOLUTION NO. 74.1111 A RESOLUTION CONFIRMING THE PRELIMINARY ASsE9S. MOT ROLL FOR CONSTRUCTION OF VIRGZNIA GROVE HIGHWAY IMPROVEMENT H-4358 IN VIRGIN/A GROVE HXGHWAY IMPROVEMENT DISTRICT H-4358 AND REMOV-- ING ALL PUNDING LIENS FOR THHIS IMPROVEMENT NOT CERTIFIED HBRznY. (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. Reboso, Rev. Gibson, Mr. Plummer and Mayor Ferre. NOES: None. 17, DISCUSSION CONCERNING CURRENT VACANCIES nN PLANNING AND ZONING 'BOARDS Mr. Andrews: 1 asked Mr. Simpson to explain this but this follows the ordinance procedure in which we would, for the replacement we'd have to follow the same procedure that you initially did when you made your nominations and went through a voting process and the whole announcement matter and the submission of information through the City Clerk so that it's public record before you act upon the applicants, that whole matter. That follows the ordinance procedure. Mrs. Gordon: Wait, I want to hear frog► Mr. Simpson. Mr. Dave Simpson: No, this just sets the timetable as is re- quired by the ordinance for this Commission to act upon the appointments Mrs. Gordon: Does this also deal with the regular expirations of terms of certain members that were one year appointees and so forth? Mr. Simpson: That is correct. Mrs. Gordon: This deals with the whole ball of wax. Mr. Simpson: This would involve two regular board members for each board and one alternate and the regular ones would be for a three year term and the alternates are for a one year term. Mrs. Gordon: Are you going to be operating under any handi- cap between now and the date of the final appointments which would be more than a month away? Mr. Simpson: I don't think so. The ordinance also provides that you fill vacancies this way so the two are coming together. Mrs. Gordon: No. I mean right now you're shorthanded. Are you under any strain? Mr. Simpson: No, ma'am. The alternates are now sitting in. 47 • Mra. GOrdont Are now filling in, Ok. May t ask the Manager question? The alternates have been serving and filling in because of vacancieeb Have they been receiving compensation or. not? Mr. Andrews: They will receive compensation depending on availability of funds and that was understood Mrs. Gordon: Yes but I'm asking a question. There have been vacancies and they have been doing the job of a full time mem- ber, Are they been receiving compensations for that? Yea or no? If they have not they should be reimbursed. Mr. Andrews: They have been receiving. Mrs. Gordon: They have? All right. I just wanted to be sure because I don't feel it would be very fair otherwise. Mayor Ferre: All right. We don't need to take action on this, do we? Mr. Andrews: Only to the extent that you're satisfied with the scheduling and the Clerk will go ahead and start the advertisement process and so forth. 18, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION ETC. 19, a. Proclamation of the month of October, 1974 as "SPINAL HEALTH MONTH". b. Proclamation of October 19, 1974 as "WALK-FOR-EYE- COLOGY DAY", sponsored by the Florida Society for the prevention of Blindness, Inc. c. Proclamation of Thursday, October 17th as "CREDIT UNION DAY". d. Proclamation of the month of October, 1974 as "KIDNEY FOUNDATION MONTH e. Proclamation of the week beginning Tuesday, October 6, 1974 as "LIONS WORLD SERVICE WEEK". APPROVE OPERATION OF CARNIVAL AT MARINE STADIUM MIAMI COMILIKITY BENFYOLENJ ASSQQIATLn(. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1112 A RESOLUTION APPROVING THE OPERATION OF A CARNIVAL TO BE SPONSORED BY THE MIAMI COM- MUNITY POLICE BENEVOLENT ASSOCIATION AND AUTHORIZING SAID CARNIVAL TO BE HELD IN THE EASTERN PORTION OF THE MARINE STADIUM PARKING LOT DURING THE PERIOD NOVEMBER 22 THROUGH NOVEMBER 29, 1974. 48 OCT 101974 (ere follow body of resolution, omitted here and on file in the city Clerk's office.) Upon being seconde3 by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr, Reboso, Rev. Gibson and Mayor Perre. MOSS: none. Mr. Plumper: Let me only get on the record with the Manager. Mr. Manager, I hope since 1 do not see it in the resolution that the problems which we were confronted with by the Central Plata Shopping Center Carnival, that we won't be faced with that problem again. Mr. Andrews: Yes, sir. And we're setting up some specific controls. As you realize this will be the first carnival held at the Marine Stadium and while we're going to anticipate most of the problems and try to cover them, undoubtedly there will be some that we won't be aware of until after we've held the carnival and then we'll add to those regulations. Mr. Plummer: All right, sir. I just don't want to hear from people afterwards that the City wasn't looking out for their beet interest. RE -PASSING OF ORDINANCE WITH AMEN GANG AGE TR 20 , CHANGE ZONING CLASSIFICATION ON Lt ► 1 & - BLCK 1 SILVER 111.ff i3jJ SI N_E:S_S.. L R. (1 Th) Mr. Lloyd: Mr. Mayor, the zoning change ordinance which was requested by Mr. Bobby Dykes required a minor change which we have done and I would like to Lave it passed formally low with this minor change. Thereupon the City Attorney read the ordinance by title and announced that copies had been furnished to the Commission and copies are available to the public. NOTE: This ordinance was passed earlier in the meeting in connection with Item 6. PERSONAL APPEARANCE OF A GROUP OF CITIZENS CONCERNING 11, THE BEATING OF AN UNDERCOVER AGENT OF THE MIAMI POLICE DEPT. Mayor Ferre: At this time I would like to recognize Rev. H.W. Williams who will speak not only for himself but for the Bapt- ist Council. Rev. Williams: Mr. Mayor, Mrs, Gordon, other members of the Commission, to the City Manager I come today with heavy heart and with a lot of regret because of what happened that brought me here. The incident of officer Cook who was and is an officer police officer of the City of Miami who was on a special detail, a narcotics detail and it was generally known that he was by the department. He was accousted by some other officers and he identified himself according to the information that we have received and they didn't believes him or they didn't want to believe' MMMEI. Then, l iv telcihniie booth, hand- cuffed him and beat him until he had a brain concussion and had to go into the hospital for treatment. As a result of this incident the community is up, I mean way up and a few of us who care are trying our best to keep the lid on and not let it be blown off because we feel, Mr. Mayor, that you and your commission 4:4 Dill do the ticjht thing in this matter. This is why we have tom to you. Oe want you to now our feelings as gaptisat Ministers. We don't know all of the law but we do feel that these men have -actually disgraced the City of Miami and have desecrated the tools of their office, gun and badges that the City of Miami grant them through the Police Department for peace keeping. And therefore, I'm going to make mine short because others will have to speak. Therefore, we feel that these men should not be allowed to work in the City of Miami any further under any circumstances because wherever they are seen and known you're going to again have a lot of anger as results of what the black policeman has done in trying to bring about justice in this thing. The black policemen are being harassed by these white policemen who are in their cor- ner. Now we get a whole lot of information and of course we can't let you know where all of our information comes from or because some of it come; from the inside. And we feel that you're going to do the right thing about it and we've come to ask you to do something about it. This is our purpose of being here. We don't want another riot in Dade County in the City of Miami. We can well do without it and we're trying to keep the lid on all we can and this is why we're here and we hope in that you're going to do something about it. Mayor Ferre: Reverend Williams, first of all I want to thank you for the words that you expressed that you have confidence that we will do right. I want to reiterate I think what everyone on this Commission has stated privately and publically that we are as concerned as you are and as those that have expressed concern and that you say you are involved in trying to bring this to justice and I want you to know that I think I speak for everyone on this Commission in saying that we want justice to be done. Now as I've stated several times this week we do live in a country of laws ana due process. If you don't like the laws and you don't like the due processes then we can change them. That's what we're here to do and I might add as an aside that there are things in this process that I've seen since it's taken about 4.-45 days that I think might need im- provement so that when we get cases like this that we can get justice done a little bit quicker than it has taken because one of the problems is that it has taken a little bit longer than the community wanted. Of course you've got to keep in mind that the Chief has been on vacation and that there have been other complications - and he is entitled to a vacation like everybody who works. And there have been some complicat- ions because of that. Now the Manager has not made his final decision yet and as I understand that decision is forthcoming this week which I would imagine._would be tomorrow or it might be... You see, he's still investigating all of the facts be- fore he makes his final decision. Now I want to assure you and I think I can speak for the Manager - he will speak for himself in a moment - but let me assure you that the Manager has gone about this with a great deal of deliberation and objectivity and a sense that he realizes that the eyes not only of the black people because what was involved was not the beating of a black man it was the beating of a human being. And it isn't just blacks concerned about this. We're all con- cerned, Latins, whites, Catholics and Protestants and Jews, we're all human beings and we're all concerned about these type of abuses. Now I recognize that since the man was black and since there are racial connotations to this that the black community justifiably so is concerned and up about this very sensitive item. I want to state Bart I as the Mayor of the City of Miami, and I'm sure that every commissioner here will make their• opinions heard. I'm certainly going to take a OCT 101974 • • very very long hard look at whatever the Manager recommends. t don't know what the Manager is going to recommend. Re has iii t tole me and I do not at this point know what his recoM- mendation is going to be or what his conclusions are going to be, rather. But I want you to know that the City df Miami Coassission within the Charter has the right to investigate ti this hatter if it so deems fit at the appropriate time. I don't want to prejudge anything because as I said I don't know What the Manager is going to do whenever he concludes. I feel concerned when I read in the newspapers, the implication that decisions are final. The decision of the City of Miami Police Chief is not a final decision and I might say that even though the Charter is somewhat more complicated when it gets to the Manager's decision and there :.s a certain sense of finality as far as the administrative procedure is concerned the Charter has provisions for the Commission to get involved in the proc- ess beyond the Manager's decision and at that point should that occur we will have to have very careful legal interpretat- ion as to how we proceed. I am very very well aware and I have been studying this matter all during this week so that what I'm saying is that this matter has not in any way been concluded. I want to or.ce again repeat that all of us here want justice to be done but I think in fairness to the admin- istration that we should wait for the Manager's final con. - elusion which should be tomorrow and beyond tomorrow then if his conclusion is not satisfactory I will certainly permit members of this community to come before this board and ex- press their opinion and this Commission might take that up for deliberation. And I might further point out that on October 24th the Manage will be concluding for this Commis- sion what has been a four month study of the Police Department on his part and he will come back with his conclusions and recommendations and then this Commission will again be in- volved in discussing the City of Miami Police Department. Now lastly I want to thank all of the people that are here, black and white. I want to thank the members of the Black commun- ity that have been justifiably upset and concerned but I want to thank them for their patience and for the realization that the process sometimes is slow but that the wheels of justice and right are working, that we are conscious of it, that the community at large is conscious of it and that this is not .by any means a dead matter or a concluded matter at this point. Do any members of the Commission want to expand on that? Rev. Williams: Thank you, Mr. Mayor. Mr. Plummer: Mr. Mayor, I would suggest that we hear from Mr. Dawkins and anyone else that wishes to speak and then we could hold our comments until then. Mayor Ferre: All right, Mr. Dawkins. Mr. Dawkins: Mayor Ferre and Commissioners, I'm a public pul- se=. We'd like to thank you for taking the time out to hear us. We feel as you said that enough time has elapsed since the inci- dent for it to have been resolved. But we also realize that sometimes things done in haste are done wrong. But our primary concern now is if possible to get on the agenda for the 24th inorder to come down to tell you that we demand that police brutality in both the safety department and the Miami depart- ment cease as of now. There is no reason for the amount of force used to arrest black people being used. So this is one of our concerns. The other concern is as you said the Charter has to run its course. There should be a panel of blacks somewhere that blacks can relate their problems to and bring 410 it to the COMMiasion or what have a yay. Mayor Ferret Could I stop you for a nroMent? Could we change that to Say a panel of citizens because you know there are other people, the Latins for example Mr. Dawkins: I'm pretty sure, Mr. Mayor, X hate to cut you off but I'm pretty sure that once we get our panel the Latins will get theirs and they will not have to come and beg for it. All they'll have to do is ask for a panel and they will get it. So if the Latins feel that they need a panel I too feel that they need one. If the whites feel that they need a panel with which to do this thing I feel that want it. But as you said if we can have a panel of citizens with which to do this this is quite alright with me. If it means a Charter amendment let's get about amending the Charter. The third thing is that we are very concerned with is that Otis Davis and other black officers are being victimized. We have, it has been reported to us that Otis Davis' folder has been pulled, they are nit- picking to find things with which to bounce this man out of the division. This we do not know but we would like for the Commission to investigate. And there again, we appreciate your having us here and we would like to be placed, the Public Pulse would like to be placed on the agenda on the 24th to bring you the concerns of the community because last night at a meeting at which we called an ad hoc committee was estab- lished to go out to the community and find out what they wanted to come back on the 24th and say. Mayor Ferre: All right, thank you very much. On that sub- ject, Mr. Manager, it is my understanding that the Community Relations Board of the City of Miami Police Department is be- ing phased out. Is that a rumor or is there any reality to that? Mr. Andrews: I'm not aware of it. Mayor Ferre: As I understand in the last three months they have only had one meeting and that the word is out amongst the board and they're very distressed about it. I would appre- ciate your investigating that matter and making, incorporating it as a part of your report on the 24th. I might point out that beyond the 24th I'm sure that we're not ging to resolve all of these problems in one morning and I'm sure we're going to have to get into a series of hearings and meetings beyond that point to let the community express their opinions and you will have that opportunity. Now I'll recognize any members of the City Commission, the Vice -Mayor or Mr. Plummer: Mr. Mayor, I really don't have any comments beyond those comments that you made. I would like to thank the group for inviting me last night. I did attend as briefly as I had to leave but I believe, Mr. Mayor without question, I expressed those same sentiments last evening to the gimp assembled that unfortunately this has drug out much too long but since we're only talking about last night - 48 hours or today, 24 hours, I concur very very much that we wait until this decision. Mr. Mayor, the only reservations I have with your comments and Paul, I don't mean this to sound funny but I think you know what I'm saying; that should this Commission feel that your decision is not what the Commission feels is right that we will not wait until the 24th, that I think this matter is a pressing matter, that you might want to consider... Well, Ok, I preface my remark; the only thing I'm saying, Mr. Mayor. is that we would let these people know or the community OCT 101974 • up in area and rightfully so in this case, if it is within the scope of authority of this CoMmission as of today to Legge an order that whenever a felony is committed or an arrest is Made that the subject be handcuffed and then there is no possible way for this person to attempt to get into a circumstance with the police officers whereby they would have to use additional force. If a person is handcuffed it just stands to reason t1st there is nothing more that he can do. Mayor Ferrel Mrs, Range, I don't know whether this has come out or not in the information and I don't want to really in- flame the situation but would you believe that the record will show, as I understand it anyway that officer Cook was beat after he was handcuffed? Mrs. Range: Well, I'm .tot saying that. I'm letting you say that, Mayor Ferre. I'm not saying that but this is precisely what I'm trying to get to now. If it is an order that a per- son be handcuffed when he is aware that he is under arrest and he is securely handcuffed that there°would be no reason in the world that he would have to be further forcefully handled then. He could be bodily picked up and placed in the car or in the patrol wagon. This would certainly save any further brutality if we call it that or any further action on the prisoner's part. Certainly he can't fight once he is handcuffed and he isn't going to attempt to fight once he is handcuffed. I think this would be a saving factor until such time as this matter can be resolved. Mayor Ferre: You know when you and I sat here for three and a half years I never liked to argue with you and I don't like it anymore now but I want to tell you something, Mrs. Range. The City of Miami now, and I don't.want to get into the details of it; I think you might remember, we have several cases in court right now of people that have been beat after they have been handcuffed and I don't know whether handcuffing a man or a woman is; certainly in the past it has not stopped in at least these two or three occasions that we know about and I think that this is... I see what you're trying to do and I think I agree with you but it is such a complicated subject that I would like for the Manager, and I don't know, is there anybody here from the Police Department to speak on that? Mrs. Range: Mayor Ferre; the only thing this is doing it's casting a shadow over the entire department of the City of Miami Police and I think this it unfair. I know that t`mere are some very conscientious officers on the Miami Police force as well as Dade County. Nevertheless, we have those that we have to live with and circumstances such as this and'I think for the protection of the citizenry and the police force as well that if such an order were possible and were issued that there is to be no additional force once a person is handcuffed and placed in the police car it would certainly save a lot of the unrest that's going on in the community now because who are we to say an incident will not happen this evening or to- night. Mayor Ferre: Let me tell you what one policeman that I talked to told me about when I asked "Well why would somebody be hand- cuffed and then why would force be used?" The answer was and this to me is unbelievable, I'm not saying I concur with the answer I'm just telling you what a policeman told me. He said, there are a lot of people that are handcuffed and resist worse when they're handcuffed. They start kicking and they start really fussing and becoming quite upset and then force has to a OCT 101974 know that if a spetiai meeting of this Comtnisaion is necessa.t'y we will not wait until the 24th but we would call it as soon as thin Cotmnisaion feels that it is necessary. So I don't want the people to go away thinking it is juat going to be handled routinely on the next meeting, that we stand ready if need be to handle it immediately. Mayor Ferre: All right. Is there anybody else? Vice -Mayor Reboso: Mr. Mayor., the only real concern that I have at this point is that the City Manager is going to take a position tomorrow and we as members of this Commission, we don't have the facts ourselves to judge the situation. Mayor Ferre: I might clarify that in my request when I talked with the Manager on Monday I asked him to please make all of the pertinent facts known because I think you're absolutely correct that not all of ,the facts have been released and I think that for people to make proper judgements and it is rather unfortunate. That is why I say that the process might be shortened somehow, Mr. Andrews. You see what happens is that because of lack of information perhaps things are either imagined or assumed that may or may not be so and then this creates more problems and more confusion and I'm not speaking either way for this. I?m just saying that we have not had all of the facts available to the,public and I mean by the public also to the Commission for us to make any judgements. So it is essential that when you make your release tomorrow that all of the facts be released and I mean all of the facts. Mrs. Gordon: You've said quite a bit and so has Mr. Plummer. I just feel kind of sick in my stomach at the very thought that any human being as you said could receive the kind of treatment, I don't care who he is or what he is or who she is, that would put him in the hospital with a concussion. It is incredible. I just don't understand it and I know you don't and the rest of us don't and I don't think any explanation in the world is going to change the fact the man ended up in the hospital with a concussion or whatever else he had to go with it. That's all I have to say. I think it is incredible. Mayor Ferre: Father Gibson? Rev. Gibson: Mr. Mayor, I don't have any comment. I shall wait for the facts to be made available and in my usual way, if I have to preach a sermon then I will and if I dart then I won't. Mayor Ferre: All right, Father. Mrs. Range. Mrs. Athalie Range: Thank you Mr. Mayor. It certainly was not my intention to speak. I was not able to attend the meet- ing last night because of commitments I had at home ... but I would like to ask a question and then to make an observation. I feel quite certain that you of the Commission are certainly in sympathy withour circumstances at this time. However, I would like to ask a question for clarification. Is it not true that when a person is arrested for a felony that the cuffs are placed on his wrists? Isn't this true? Mr. Andrews: It would depend on the circumstances. Mr. Mayor, I can't answer that and say always, Mrs. Range. I really don't know. Mrs. Range: All right. Then I think because the community is 54 OCT 101974 be WW1. l aympathite and t agree with what you're trying to do and I think it might be a solutions, not the solution but a solution out of irony, The thing that conerns me is that if we slake it a rule and t think there might be a lot of people that are taken in without being handcuffed because they'll gay, ''Look, I'll go with you peacefully just don't put any handcuffs on me." and the police officer might accept that and get them in the car peacefully and take them down to be booked but if it is the law that he has to be handcuffed then that person alight really start resisting. We may be creating an additional problem. I don't know that that is so but I think we really have to think about it.... Mrs. Range: I certainly think it'a worth looking into. Mayor Ferre: I absolutely agree. Mr. Andrews: Mr. Mayor, it is worth looking into and I will discuss it and we'll see if there is some basis that something like this can be applied. But the Mayor is quite accurate. Some cases that I am very thoroughly acquainted with in re- viewing those cases the problem began with the placing of the handcuffs. The person, and I suppose I might even react once in a while that way. It is a freedom that is taken away from you and it could be as much of a problem doing this as the problem we're trying to solve. Mrs. Range: But do you not agree, sir, that for the sake of a person's well being if he is arrested, and I understand that for his safety that he is going to be handcuffed wouldn't it be better to handcuff a person under arrest than to take the chance of having to beat a person into submission and he ends up with a concussion in the hospital and he may never be the same again. Do you notpfeel that the citizenry would go along with something like thin until this case is worked out and the decision is reached? Mr. Andrews: I understand what your objective is and I can't give you a clear answer, Mrs. Range or members of the Commis- sion at this stage. Mayor Ferre: I surely think that we ought to look into it and I tell you what, Mr. Manager, I think again I repeat I don't know what you're going to be recommending tomorrow and I don't want to infer that I'm prejudging anything but should there be some Commission action before the 24th I think that this matter should be brought up at that time and perhaps you might come back with a recommendation at the latest on the 17th since we'll be gathered anyway for another purpose and you might come up with a recommendation. If it is positive we might act on it. If it is not then we might defer it until the 24th for discussion. Thank you, Mrs. Range. Yes, sir. Mr. Peter Williams: Mr. Mayor, I just want to make three observations and then I'm going to reserve my comment until the 24th. I've been made aware that the owner of the motel where the incident took place has been arrested. I Would like to ask this Commission to concern itself about the sit- nesses involved in this case. Their protection and security. That is number one. (2) That the officers that are involved in the beating, that starts with the beating, because Mr. Cook was a narcotics officer, that if circumstances and conditions show that there's a possibility that those officers may have been on the take that this matter be taken up with the District Attorney for proper procedures as far as possible briberies. The third thing, in order to placate the community at this pc int that we Minimi.ee, order that the Police Department minim- izes the white patrols moving in the black community at this moment for the simple reason - we've got an inflamatory situat- ion and if we don't do sotnethi ig to protect officers cooing into that community you may have th: grievous situation thtt you don't want to see happen. Mayor Ferre: I asked the Manager about a week ago to investi- gate whether or not it was so that Latins were involved in pat- rolling the Black area and that blacks had been assigned in patrolling Latin areas because I had heard that as a rumor but I might say it came from a policeman. So I think it might be important for you to expedite that and get that information and make that information available as quickly as possible. And if that is the case I would strongly urge, Mr. Manager, that that not be and you know I think it is a wise thing to do to have black policemen patroling the black area during this per- iod where there is some concern. I think it is just a logical thing to do, a common sense thing. I'm not trying to super- impose my knowledge on police knowledge but it just seems like it is common sense. Yes, sir. Mr. Donald Perkins: My name is Donald Perkins. I'm from the Central Cities which you call the Central Area, Black District. We have several problems during the week, I mean this is like everyday, problems just with police you know not only with white police but it coming to the point now where under the circumstances of the decision is going to be made between now and Friday on what is going to happen to the police, that brutality on another officer.which this thing happens in a black community not even if he's an officer, if you're a black person. This has happened. Not only, I can speak from exper- ience myself so you know, if you come up with a decision make a valid decision. There are a lot of people out there on the streets are getting involved because we believe we want some protection in our community. Police officers are supposed to be peace officers. You know they're supposed to keep the peace and that's what we in our community as brothers are walking the streets out there to try to keep the peace. So we're just asking that you come up with a positive and valid decis- ion for these men because this is sickness. You know this is 1974. I don't know how many of you people be out there on the streets at night in your own community or anybody's com- munity. I don't know your incidents in life if you have -to come into contact with police, if it is business or just being a citizen. You know they come down and patrol the Black com- munity and they don't even know what we're about, you know. They really don't. They come down there playing, they be in little squad cars, little funny squad cars. You know? Driv- ing around and picking at people and saying things on the mikes that ain't even necessary. So let's deal with 1974 and let's be about doing something that's for real. It is no more games you know we've got to deal out here with truth. So let's deal with truth, with this incident. You know this ain't no fantasy. Let's do something positive. Mayor Ferre: Thank you very much, Mr. Perkins. All right, anything else to come up before this Commission on this item at this time? UNIDENTIFIED demonstrated is more than Mayor Ferre: SPEAKER: Mr. Mayor and Commissioners, you have vividly the saying that"an ounce of prevention a pound of cure." Thank you very much. Thank you very much, Reverend. 56 OCT 101974 22. PERSONAL APPEARANCE - MRS,'ELIZABETH VIRRICK AND MR. BERNARDI REGARDING,tttNPRISONER RELEASE PROPOSAL AND REQUEST FbR USE OF 81�i t.Yir,,, y Mayor Ferret Mr*. Elisabeth Virrick requested to be heard this morning on an emergency item which she is greatly concerned with and I think this partially explains it. I would like to ask Mrs. Virrick, or Mr. Bernardi either one, whoever wants to be the spokesman, to come up and explain their concern and have on the record an answer. Mr. Bernardi: Mayor and Commissioners, as of last Sunday, Governor announced a new plan to release approximately a thousand prisoners from Raiford, the fact being that the City of Miami and Dade County is among the highest crime rate in the State of Florida. A large number of these men and women will be returned to our local county. We feel that with the thousand men and women being released, in perhaps in the next V5 to 30 days, along with the average 225 prisoners who are released on a monthly basis, it is essential and vital to the City to now take action to pre- pare for the return of these men from prison. Most will cone back with no jobs, inadequate housing, a variety of social service needs and problems. We feel that with the influx of so many prisoners returning, most of our agencies now are not adequately equipped to handle the insurgence of our ex -offenders returning home and we feel that immediate action is necessary on the part of the City and county and local agencies that are working presently with ex -offenders and with job placement. I think Mrs. Virrick can expound on some of the services she sees vital. Mrs. Virrick: We presented you with a list of the needs, the problems and needs and I suggested solutions. In our suggested solutions, are, that representatives of those agencies that would normally be brought into action, with the advent of this number of ex -offenders, should be represented on a group such as, the Probation Commission, Mr. Gerstein's office, City Police, Sheriff Purdy's office, Division of Vocational Rehabilitation, and agencies such as Coconut Grove Cares that is in the business of trying to place these pepole in jobs and get them further education and etc. Some of them will need a place to live, some will need clothing, some will need food, and car fare until they find jobs, and it seems to me it would be well if Dade County could be prepared ahead of time before the influx starts. I would like to suggest that if you deem it proper for a Mayor's,Commissioner's committee, that among that committee you designate one person to coordinate it, to see that it goes ahead, because very often if there is a committee everybody expects somebody else to do something, and I would like you to please let me see that this is prosecuted. Mayor Ferre: I think the answer is, Mr. Andrews, I *link it is very important that we as a community are pre- pared for the advent of close to one thousand people being let out of prison with criminal records. As you know, we all are aware that the unfortunate history is that 80%, that the return rate is 8Q%. I hope tat someday society will find ways of changing that, but at this time, the sad record is that 80% of the people that have been Raiford will be back in Raiford. So it is safe to assume, that at least some of these people 57 OCT 101974 are a potential criminal elements that might plague our Community again. I think it is essential that we coordinate very carefully with the State, with the Sheriff'e office Public Safety Dept. of Dade County, with the other governmental and police units, that might be interested with the State Attorney's office, so that perhaps a committee could be formed to meet immediately in the next few days or certainly by next week. Today if possible, if not, tomorrow, or as quickly as possible. I would like for Mrs. Virrick to be a citizen's representative on that committee, for her to be invited as a representative of the citizens of the City of Miami, and that you report back in memorandum form, by the first of next week, as 'o what possitive steps have been taken, so that we can prevent, if there is any way possible, at least be fully informed as to what the impact is going to be on the community. I don't want the public or the press to misunderstand, I am not accusing, and I am not saying, that people who have criminal record will be criminals again. I don't want to be misunderstood. Certainly that is the fine job of people like Elizabeth Virrick and Mr. Bernardi and others. I want to make clear that I am not implying that these people will be recurring criminals. I am just saying that the past has shown that 80% of people released from Raiford return to Raiford and I certainly don't want, ----I think we have to be cognizant of reality, and I think it could be a very problematic area if we are not prepared for it. Mr. Andrews: Mr. Mayor I want to inform the Commission that I am going to have Mr. Crouch who had already gathered a great deal of information this morning by calling from the Governor's office down through various State agencies to find out what is being planned at the State level and what we might be able to do at the local level to assist in accepting these people back into our community. There is also my under- standing that the Governor is making provisions through the State for 39 additional probation officers. We want to insure that a sufficient number of those new officers be located in this area, proportinate to the problem that we may possibly have. I am going to ask Mr. Crouch to communicate with Dr. of the Criminal Justice Planning Council who has not only the techinical assistance, all of the agencies of the criminal justice system in Dade County, but also citizen representation along with Mrs. Virrick and others to see if we can have them convene this week, to begin deliberating as to how best to manage and be prepared for this matter. Mrs. Gordon: These people are released from prison, we have a high rate of unempoyment here locally, and we have a real problem right now wondering how the people who are unemployed are going to find the funds to feed their families. I know we cannot on a local level alone,,solve our economy's problems but what are these persons,who have already been in - incarcerated for crimes which could very well have been crimes of robbery or whatever, to receive monies for whatever needs they wanted it for. What are we doing to, ---what are we going to do, ----how are these people going to earn money, how are they going to be providing for their sustenance. Flaw are they going to be fed? Mrs. Virrick: This is part of the problem. Let me tell you something, of which I wanted to bring up, but I may be 58 OCT 101974 out of place. know. Mrs. Gordon: That is what t ati saying, how, ---I don't Mrs. Virrick: Rose, we have been planning a work training program out of our office, and I spoke with the Mayor about it yesterday, --last night, if we could expidite th;t quickly, this a program similar to Viet you may remember as Coconut Grove Cares for Youth where -we had a workshop in the back of our office and we had contracts from different large firms who assemble things, and part of the assembly, --certain parts of the assembly they don't want to do in-house, they contracted with us. We want to set that up again, and give a work training program for these men where they will be making what ever they make out of these operations that they do on contract, they will be making a small amount of money while we are grooming them and counseling them for a permanent job and waiting for jobs to become available, because you know and I know there are very few jobs. People are out of work. What we want to do is expedite that and if we can,and if the City will permit it, we would like to use temporarily, and we will get out as soon as we are told to, that little building which around the corner from our office, in the proposed park, where the incinerator used to be, if we could use that. Mayor Ferre: What is that building being used for now. Mrs. Virrick: As far as I know, nothing. Mrs. Gordon: Mr. Andrews, what is it used for? Mr:Andrews: That one has been used for the storage of the incinerator bricks, primarily. We are disposing of a quite a bit of that, and it shouldn't be too long when that property will become available. Mayor Ferre: Would you get somebody on that this afternoon to see if they could expedite the moving of the brick. Mrs. Virrick: Maybe we don"t have to move the brick, maybe we could use the brick in this process. We can use it to hold up some boards to make tables to work on. Mayor Ferre: Why don't you have someone look into it. Thank you very much Mrs. Virrick. Mr. Andrews: We sure will. The only area of caution that I want the Commission to assess, and we won't do anything until we come back to the Commission, is that I hope we are not institutionalizing something here that the people in the neighborhood might object to. Mrs. Virrick:They would object a lot more to what they would get if those men aren't occupied. Mayor Ferre: We are aware of the potential dangers but we are also aware of the potential benefits. Mrs. Virrick: May I say one more thing, it won't take but a minute and I know you are hungry. Do know any firms that do Contract out part of their work, if you do let me know. Thie is what we ate on the trail off now. Mrs. Gordan: Elizabeth, have you contacted the Chamber of Commerce for their help in directing you to the firms. Mrs. Virrick: We haven't recently. Mrs. Gordon`: Maybe you would like to do it. Mrs. Virrick: I just dictated a letter to Les Freeman on it. PERSONAL E FOR AP2FARM CgEY PEARL AND WEINER REGARDING EVACUATION 23, OF PIER AT lI NINV KK BOAT SNQ4 Mayor Ferre: Mr. Manager, Mr. Larry Pearl is here, and asked to be recognized on at emergency, because of :he impending boat show which starts on October 18th, and he has -a critical item, so maybe we could recognize him for a moment now. Mr. Andrews: Mr. Mayor, excuse me for interrupting you, but before Mr. Pearl begins, so that we start with the proper premise, when the Commission adopted its resolution last year, and I think Commissioner Plummer will remember this very clearly, Mayor Ferre:---that was in the Spring of this year I think, Mr. Andrews: ---yes, sir, that we put them on notice, one year ago that we were not going to participate in this problem any longer, we are willing to assist them in any way we can, within area of reason, --- Mayor Ferre: That is what the problem is, see, as I understood it, and he can speak for himself, the problem is that they have tried and they have got to deal with 42 boat owners, and they just can't,----the'guy just says too bad, I am not interested, Mr. Plummer: Mr. Mayor so you will know, the real problem is one thing, when Miamarina was suffering from the lack of usage, there was no problem, and the people were readily agreeable to move down to Miamarina. Now that we are enjoying 101% use of Miamarina, these people don't have a place to go, and that is the problem. Mayor Ferre: Let's hear what they have to say, then we can drop it or do something about it. Mr. Irwin Weiner: Mr. Mayor and members of the Commission, my name is Irwin Weiner, I am here with Mr. Pearl but I represent the Greater Miami Marine Association who is the sponsor of this particular show. I don't believe that, I think Mayor Ferre accurately stated our problem, it is dealing with 42 individual people. We have made every reasonable attempt and then some to do so, and we have been totally unsuccessful. The problem that Mr. Plummer points out with the Miamarina I think is not quite as severe as it sounds. Past history shows us that, I believe it was last year, there were only 17 boat owners who GO required any type of berthing at other city facilities. The balance of the boat owners made their own private arrangements which they of course they were reimbursed for. it is not that a Severe a problem. i might further point out that 1 believe it is the yacht department's rules and regulations say that transient boaters can only stay at city facilities for a period of day, and unless it is extended by the Yacht Dept. --in other words there is a maximum limitation of 7 days, if the Department so desires, and this could go very far towards solving the particular problem and arrangements can be, and should have been made, for perhaps 17 boatowners to use the City facilities. Mr. Andrews: Mr. Mayor and members of the Commission, in fairness, so we start out right, and I am willing to assist this Commission in any way we can, ---I think we have demonstrated that we are trying to assist you by indicating that we will move the people to the Underwood area where there are berthing places, where we now control that area, we are willing to move people within the Marina itself, there may be a possibility of doubling up in some places for the term, the time you want to put on the boat show, but in fairness, we gave you amply+ notices in this, not only by the Commission's resolution but in writing several months after that, so we would not have had this kind of problem, and we find ourselves, the City does, not me, --- the City finds itself in a problem far worse than private enterprise, because here we are dealing with these people, and we have agree- ments and understandings for the use of the facility then we are put in the position of forceably asking them to leave, and it is not a good position for the City. Mr. Weiner: As far as the ample notice is concerned, we were not notified or were aware of the fact that the resolution was going to be passed in June, which changed an arrangement which existed for some 25 years practically. It goes all the back to the Miami international Boat Show then the Dinner Key Boat Show, where each year it has been handled through the City. The problem is this, simply, ---we cannot and have totally unsuccessful in going to 42 individual owners and dealing with each and every one of them. I have copies of letter here we have sent to them, we called a meeting, and less than half the people showed up, we just cannot deal with then: on an individual basis, and as far as private enterprise is concerned, I am sure the Commission is aware of the importance of this boat show to the City of Miami. Mayor Ferre: My only concern, and this is why I told Mr. Pearl, since he told me he really had an emergency, is this, he's got a contract now, and the boat show begins in a week and a half, and these boats are supposed to come in, now, as I understand it, the reason why that boat show is so successful, is, correct me if this is not a fact, --it is because the boat show, provides water accessibility , and a lot of the boat owners who are able to put these boats on water, and therefore exhibit their boats that way, this attracts a tremendous amount of people. When we lost this thing 5 or 6 years ago, the other one, ---the International Boat Show, ---- we were all distressed, I was on the Commission at that time, and it looked like doomsday, and looked like the end of the auditorium and all that, then these people came along and as I understand it, the crowds have been going up every year, and last year it was the most successful year we have had, is that right? So this boat show, from nothing, a failure, from losing our big client, we have returned activity and life as far as fit CCT1a1974 the boating world is concerned, to the City of Miami. I think it would be very sad for us, for that show to have problems it could not overt , and therefore coumiitments not kept, then impair or jeopardise next year's boat show. I really think with all due respects to you Mr. Pearl, your clients and agsociatea,i could care leas about Mr. Pearl, his associates or the marine people, or whatever, it is the City of Miami, and the show and the people, ---I don't know if he has a long or short term contract, we might put this out for bid again next year, ----that is another subject. I would hate to jeopardize that boat show in any way. I think it is definite asset. Mr. Andrews: There is no doubt about that. Mayor Ferre: And I can well understand the problem that the private sector cannot deal with 42 boat owners. I am going to tell you something, if I were a boat owner there, and he came to ask me, I'd tell him to go fly a kite. Mr. Andrews: That is exactly what is taking place, and theCity is then put in the position of forceably evicting the people from the marinas, so this show can go on. Mayor Ferre: We have, no choice if we want to keep that boat show, the way I see it. And those fellows who are on those slips, have got to know that unfortunately once a year they've got to get out of there for three days, ----how many days is the show? Mr. Weiner: Six days, ---- Mayor Ferre;---six days, ---- Mrs. Gordon: Did you say they had leases there, the people that have the boats down there? Mayor Ferre: How have we done it for the past 15 or 20 years, or whatever it is, we have been doing? Mr. Andrews: If I am not mistaken, I think the use of the piers has only been about 6 or 7 years, ---they have had a boat show, there, -but the i oncept of using the water is only over the last 6 years. We had facilities available to move them to, and could make arrangements, but that is the problem now. Mr. Plummer: Mr. Mayor that is why all this has come about is because of what happened last year. Mr. Weiner: We have here a pier permit agreement dating back to 1966, for example, where right on it, I agree to relinquish my slip from Feb. 14th to --- Mayor Ferre: You mean on the lease? Mr. Weiner: That was with the old Miami International Boat Show, but the use of the water facilities, goes back years and years, way back through Miami International Boat show. There is a provision under the City code Sec. 50-17 which says the director of the Yacht Docks department may 6 move any vessel from City property to. City property for any good or reasonable cause and 1 don't see any better or more reasonable cause than a show which benefits the City to the extent that we are here.. Mayor Ferre: Is there a solution, Mr. Andrews? Mr. Andrews: Well. there would be only one. if this doesn't occur through a method of cooperation by the boat people we'll have to be put in the position of asking them to leave then for the period and that's what we'll have to do. Mayor Ferre: I think in the future in their contracts it ought to be put very clearly in their contracts so we don't have any flack that we want to maintain a boat show during the fall sometime and we'll need those spaces for six days. Mr. Andrews: Now if we go through this trouble, Mr. Mayor, I want a reevaluation of the use of these slips in reference to the rental of the slips as to the amount of revenue the City is receiving from this in relation to the revenue that they receive specifically from the slip rental. I want to sit down with these gentlemen an negotiate something better than we have so we receive more revenue. Mayor Ferre: They've got to pay for it. You understand you're not going to get this for free. Mr. Weiner: Yes, sir. And Mr. Mayor. not only that but we do have to and have paid for alternate slips. What happens here is we pay for the City's slips at the alternate places where these people are put; for example the Miainarina. At the same time they have paid for the slip here at Dinner Key and we in addition to that pay for the slip at Dinner Key. So it has been financially beneficial to the City. Mr. Andrews: Oh, no. Mayor Ferre: Now Mr. Pearl, you told me something yesterday and I want to get that on the record so that we understand what the impact is. You said that last year there were on the floor sales of $6,000,000. Mr. Pearl: We approximated that during the show, on that $6,000,000 worth of business was transacted and ably the two or three months following approximately worth of sales. the floor that prob- $12,000,000 Mayor Ferre: $6,000,000 worth of sales has got to be a very important injection to the economy of this community especially in these hard times. You said that after the following week or two there were further sales? Mr. Pearl: The Greater Miami Marine Association figures that twice that amount or $12,000,000 most probably was derived from the boat show in the two or three months that followed the show. This is not counting the thousands of people from all over the world litterally that visited Miami during the show that are buying food and renting hotels and using trans- portation. Mayor Ferre: All right, so what do we do now, Mr. Manager? How do we solve this problem? Do we pass a resolution, Mr. Lloyd, or what? 63 OCT 1019'14 irr, tlbyd: It is not realty necessary to pass one. Mayor Perry: NOw can we solve it, Paul?, Mr. Andrews: I don't think you need to pass any resolvtion at this stage. It is administrative in nature rathor Mayor Ferre: Well, I think it is important enough really for us to find a solution for it. Mr. Weiner: John, last year there was a resolution, in fact passed, if I may point that out which authorized and directed the City Manager. Mr. Lloyd: I realize that. Mr. Andrews: I don't want to put the Commission in a posit- ion that they're the ones that are forcing these people out. That's why 2 don't want a resolution. Mr. Weiner: Well ok, as long as the promise of and we're not defaulting on our lease agreements with other people coming in for the show and can be worked out. Mayor Ferre: All right, is ther anything elseto come up be- fore this Commission? NOTE: Thereupon the Commission recessed at 12:55 and reconveined at 2:30 P.M. with Vice -Mayor Reboso chairing the meeting. Mayor Ferre resumed the chair at 2:40. 64 24, AUTHORIZE ISSUANCE OF A PERMIT To ST, flfMINIC'S RECTORY 4M1lJEi1 NT Rams flEs ND"EMEER , 2, 3, - 1974 The following resolution was introduced by Mr. Hummer who Moved its adoption: RESOLUTION NO. 74-1113 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. DOMINIC'S RECTORY FOR AMUSEMENT RIDES ON THE CHURCH GROUNDS LOCATED AT 5909 NORTHWEST 7TH STREET, IN CONJUNCTION WITH THEIR ANNUAL FESTIVAL ON NOVEMBER A, 2, AND 3, 1974, SUBJECT TO CERTAIN TERM.6 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: Mr. Plummer, Rev. Gibson. Mrs. Gordon and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 25, GRANT FREE USE OF BAYFRONT PARK AUDITORIUM " AJJIr ME 9LI - 9RDER QF ELK 9F I;L U 514.I-0ARITY BAD,. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1114 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM FOR MIAMI LODGE NO. 948 ORDER OF ELKS OF THE U.S.A. FOR THEIR ANNUAL CHARITY BALL TO BE HELD ON DECEM- BER 14, 1974; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (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: Rev. Gibson, Mrs. Gordon, and Vice Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. ABSTAINING: Mr. Plummer. 65 OCT 101974 GRANT FREE USE OF BAYFRONT °ARK AUDITORIUM 261. WOMAN'S CORPS OF THE PAEAN I COLAOU CAN CEP RESEARCH INSTITUTE emm tv 1 _t1A The following resolution was introduced by Rear. Gibson who Moved its adoption: RESOLUTION NO. 74-1115 A RESOLUTION GRANTING FREE USE OP BAYFRONT PARK AUDITORIUM TO THE WOMAN'S CORPS OF THE PAPANICOLAOU CANCER RESEARCH INSTITUTE AT MIAMI TO FOLD A CHARITY LUAU ON SATURDAY NIGHT, NOVEMBER 30, 1974; SUBJECT TO ADVANCE PAYMENT FOR EVENT PE RSONNEL, INSURANCE AND OTHER DIRECT COSTS HORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Rev. Gibson and Mr. Reboso. NOES: None. ABSENT: Mayor Ferre and Mr.Plutmaer. 27, UNITED - "1ID CAMPAIGN LACHEQN The following resolution was introduced by Rev. Gibson who moved its adoption: WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM RESOLUTION NO. 74-1116 A RESOLUTION WAIVING THE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM FOR THE UNITED WAY ON WEDNESDAY, OCTOBER 16, 1974, FOR THE PURPOSE OF HOLDING ITS 1374 MID CAMPAIGN REPORT LUNCHEON, SUBJECT TO ADVANCE PAY- MENT OF AN ESTIMATED AMOUNT FOR EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 66 OCT 101974 • • ' WAIVE RENTAL PEE POR DINNER KEY AUDITORIUM 28 HI SPAN IC HERITAGLCOMMIME DACE The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1117 A RESOLUTION WAIVING THE RENTAL FEE FOR DINNER KEY AUDITORIUM FOR THE EVENING OP OCTOBER 12, 1974 FOR THE HISPANIC HERITAGE COMMITTEE FOR THE PURPOSE OF HOLDING THE IISPANIC HERITAGE COMMITTEE DANCE, SUBJECT TO ADVANCE PAYMENT OF AN ESTIMATED AMOUNT FOR EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY. (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: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 29, AUTHORIZE WAIVING OF GREEN FEES FOR Nf RTK ,SOUTH GOLF Tn1JRNAMENt FfB TH .,15Tw 1975 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1118 A RESOLUTION AUTHORIZING THE WAIVING OF GREENS FEES FOR THE NORTH -SOUTH GOLF TOURNAMENT TO BE HELD FEBRUARY 11 THROUGH 15, 1975, AT THE CITY OF MIAMI GOLF COURSE AT MIAMI SPRINGS. (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 and Vice -Mayor Rebos.o. NOES Ar.Le ASSENT: '•layor Terre. fi'1 OCT 10 1974 411 ON 336 30 STADIIUMGWITTHOUTTCHARGEiFOR LEAGUEIGAMESUSE AND PLAYiOFFSEBAII EEDERAC )1 ATLETICA nASEBALL INVERUAL MIAMI The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1119 A RESOLUTION AMENDING RESOLUTION NO. 74-336; AUTHORIZING FEDERACION ATLETICA BASEBALL INVERNAL MIAMI TO USE THE MIAMI BASEBALL STADIUM WITHOUT CHARGE FOR LEAGUE GAMES PLUS PLAY-OFFS TO BE PLAYED BETWEEN SEPTEMBER B hND DECEMBER 19, 1974, SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY; AND FURTHER PROVIDING THAT SAID ORGANIZATION MAKE ITS BOOKS AVAILABLE FOR AUDITING UPON REQUEST OF THE CITY MANAGER. (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. Plummer, Rev. Gibson, Mrs. Gordon and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 31, DONATE SEALS OF CITY OF SILVER BLUFF R CfCr1NUT GROVE TO H ISTORI CAL- ASS3CJ AT I Otj OF SOIlliett FLEW& The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO..74-1120 A RESOLUTION AUTHORIZING THE CITY CLERK TO DONATE TO THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA THE SEALS OF THE CITY OF SILVER BLUFF, THE CITY OF COCONUT GROVE AND COURT OF THE CITY OF COCONUT GROVE. (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 and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 6� OCT 1.0 1974 • 32. RESOLUTION APPOINTING ADDITIONAL MEMBERS to THE flF MIAMI COMM.of ECOLOGY AND $EAUTIFICA ,ION The foliowing resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1121 A RESOLUTION APPOINTING TWENTY-FOUR (24) ADDITIONAL MEMBERS TO THE LIST OF MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (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 and Mayor Ferre. NOES: None. 33, .I. ' At. , HATE USE, JALICAB ,ROUTE RE6MMENDATIONS AND DISCUSSION . ONCERN ! NG Mr. Andrews: Mr. Mayor and members of the Commission, for those members of the public who are not present, the Commission considered a potential rew use of taxicabs as reported by the committee of which Commissioner Gordon was Chairman, as to the potential, greater utilization of taxicabs to serve the public, and in a unique way, in that on a given,selected route basis from point to point, with drop-off points from the point-to-point in a given route, it would be possible to carry as many as 5 passengers, depending on the route a person was r.ding at a cost of betwE en 50 and 700 per person, that if fewer than the full cab load would have been carried. the 4 customers instead of 5, or 3 riders instead of 5, would have been required to split the cost of the total fare over that route. Mayor Ferre: Do we have a written report? Mr. Andrews: Yea, I have a written report I am going to supply you with my recommendations, but I thought I should first present this to you, then I'll present that as a matter of record. I am securing the map that we utilized last week so we might havether here in case anyone might have question in reference to those 5 routes. As a result of the process, you then ask that the City Manager supply you with a recommendation at this meeting in reference to the potential utilization of this taxicab routing. You also asked the City Attorney to report to you in reference to the legal aspects of providing a certificate of public convenience and necessity for a new, ---(be patient with me because I am going to try to describe this rather than give it a title) a new method of transporting people by the utiliz- ation of buses on a somewhat pool basis, from location within the city to another point that may or may not have been located in the city of Miami. I think one os: the places talked about was an area in Hialeah. One of the problems you were concerned with in the taxicab matter, getting back to the first item, was the potential cost of this pilot program, if it were, one, feasible, and two, if the Commission should put it into effect. One was the cost of shelter areas, and two,was the cost of telephones to make those available at, particularly the beginning and end points. I went out and rode all these routes, and looked at the sheltering and the potential utilization of telephones as to how they might be installed, and I have come to the conclusion, that I can recommend to the City Commission, that the taxicab alternate use plan, be initiated, however only one route to be selected, and would you set the map up, please, so first the Commission and then the public can see it. Bring it out where they can see it. After studying these routes, and evaluating them as to whether one or more, or all, should be selected as pilot routes, I decided that the one most feasible, and the one that perhaps could justified as to need, because I have no basis on which to give you criteria as to need, ---we will have to, if the Commission wishes, we will have to try this, and see what the demand is, and then add another route later. But this route would principally start at the Senior Citizens center at 8th Street and 12th Avenue, which is a sheltered area, and an area in which the telephone company has informed us through their cooperation, they will install a public telephone in the public right-of-way. Mr. Plummer: Where is the Senior Citizen center at 8th Street and 12th Avenue? 70 Mr. Andrews: --Oxygen Service,--- Mr. Plummer: ---that is now a Senior Citizen center? Mr. Andrews: ----yes, and the taxicab can come off of the main highway and swing around the back of the building and come right to the door and, there is a photograph there showing the entrance where:passengers can be picked up. If we can't locate a telephone inside the building, a public phone can be located on th't outside in the public right-of- way so the public would have accessibility to communicatiny with the taxicab. It is my understanding that a taxicab stand could be set up at that area, that would be used to disperse taxicabs for other trips, other than this route. So from that point, the taxicab would proceed north on 12th Avenue, have accessibility at Robert King High Towers, which is a sheltered area, and a telephone can be installed at that location, then on up to the government complex, going up past the first orange line you see,(point it on the map) ---past the expressway, passing that point and continuing on up to a sheltered area there at the Cedars of Lebanon Hospital, and that is all under shelter at that point, additionally a public phone can be put in at that location and glen circle ,past all the other public buildings, which is the State building, State employment, the Justice buildings, and then on up to the hospital complex, the main entrance, area where there is another area, where a public outdoor phone can be installed. Now we are recommending, after calling several cab companies and getting their estimate, as to, and perhaps we should have spent the two dollars, thirty cents to find this out for outselves, but we called to get an estimate from each one of them as to what the cost of a trip would be from 12th Avenue and the Trail up to Jackson Hospital, and it varied from their estimate of $2.20 to $2.40, one of them saying $2.30, so we estimate the fare for one person would be $2.30. Now with 5 people traveling in the cab, that in my judgement would permit a fare of 500 per person, and if you have 4 people, they would have to spend the $2.30 to make the trip. In essence, simply this is it, and I think the taxicab industry, and I'll let them speak for themselves, would be willing to put this into effect as a pilot program, we would observe it, and assign someone from the city staff to work with the taxicab company so we could make our own observations, and evaluations of the service rendered, all() this could be carried on for three or four months, as a pilot. program, and if this proves successful, we could then be con- sidering additional route from the 5 routes that were presented, depending on the physical arrangement, add another, then another. Mr. Plummer: What you are saying, is try something, if it works, then expand. Mr. Andrews: Right, ----- Mr. Plummer: ---that makes good sense. Mr. Andrews: And this seems to be the area that would provide the greatest service to the public. Mrs. Gordon: I can't disagree. Mr. Plummer: Let me bring one other point, --something bothered me after the last meeting. If these cabs are going to go into it, I would sure hate to be the instigator of some- thing like this, which I think is good, but in 6 months, I'd hate to see Dave Reynolds say I want the cream off the top. L _ 71. OCT101914.:.: Mr. Plummer: Now, if in fact this Cotmission passes that, ----I think we will have blocked some way, I don't know Dave, if you are going to fly out of your seat over thts, or what. But 1 am just thinking these people are willing to go out on a limb to try it, that we ought to go out on a limb in some way to protect them. I don't know whether or not we have the right to say, ok, you've got an exclusive for a year, or what, but it just seems wrong to me, that we acre asking them to do something for the citizens of this city, that we ought to be able to give them some kind of guarantee. Mrs. Gordon: Under this plan as we are proposing, do we have to prepare any ordinance change? Mr. Lloyd, I should ask you. Mr. Lloyd: Yes, we do, - - - Mrs. Gordon: Have you prepared it? Mr. Lloyd: ----no, because, with the agreement with the City Manager's office,we agreed that we would not prepare it until we knew the exact proposal and what theCommission desires, then we will tailor the ordinance exactly to fit what is proposed. We can do it rapidly, but we know exactly what we wish to prepare, --it will be a special ordinance, for this particular purpose. Mrs. Gordon: And then this could be expanded even if this shows that it is working in a month or two months, we could add another route even then. We don't have to wait until the end of a trial period, if we find people are responding, and there is a need. There will need to be some kind of way of letting the people know what is happening. How would that be done? Mr. Plummer: Speak to the two men sitting over there, and the one back here. I think one way it could be done. is to publish an advertisement, with this route on it, a diagram and announcing the service that is available. Mrs. Gordon: ---put up a sign where the stand is located? so people would know this is the kind of route, as I under- stand they can get off anywhere along the route, they want to, they don't have to go the full route. Mr. Andrews: Maybe we could make up a little poster and maybe Mr. Reynolds would put it in his buses. Mrs. Gordon: I don't disagree with you Mr. Andrews that we have to give it a try and then if this proves to be something, and I think it will be, because what we are doing now, is crawling before we walk, and we can walk,but we are going to have to learn to walk upright. Mr. Andrews: If we would try to implement the 3 or 4 of these simultaneous I am afraid it will get so en -meshed, Mrs. Gordon: I am not in disagreement on the taking a one step, I am not saying we have to wait till the end of the line. 72 OCT 101974 Mrs. Gordon: Another thing I would like publicized at the same time, 3. L. is the multiple pick-up and multiple dropmoff type of cab service, that has been under-utilized, and it is absolutely a tremendous aid to transportation in this community, but he.s,----people really don't know they can do this kind of thing, and split the fare, and 1 think that maybe be could hear from Mr. Zilber and he can make some reoosaendations how we can incorporate that into what we are doing now, could we structure that in somewhere along the way. Like say. somebody doesn't want to walk to the bus stop and wants to 4e picked up at their nearby residence, like that plan that I showed you that was in this, what was called a demand -responsive service, multiple, we talked about it once before. Mr. Sigmund Zilber: I know the Miami Beach cab company central has advertised in the Miami Beach Reporter of Sun for years, 5 can ride for the price of one. It has been one of their standard advertisements. We could do the same type of thing, and possibly the Spanish paper or some of the radio stations. and this might get the message across. Mayor Ferre: I might, also recommend, Mr. Andrews, that;like we do for zoning hearings, we put the signs on property , that there is going to be a zoning hearing on this item, that we perhaps, along the public right-of-way, on posts of some kind, put. a large enough sign so people walking in that area can see and read, that these facilities have now become available, --can be used in explaining how they can be used and what the cost would be. Mr. Plummer: They can use the signs like they have down- town for the B-line,--- Mrs. Gordon: Something like that would be all right. Rev. Gibson: Mr. Mayor, you know, what really troubles me, we asked in the taxi business, to explore at their expense, the possibility of a convenience for this city, for the residents of this city, ---what worries me even worse, is that , after they may have made the investment and venture, to have the Miami transit tell me. that they want to take it over, really doesn't set well with me because, if free enterprise explored it, that is an investment. I used to say, well they running taxis, and there is no out-lay•of money. You know what I learned, time and effort is just like cash money, and I would feel much better if I had to vote on this, if I got Mr. Reynolds and his people to make a commitment to that mike. Unidentified person: They are not going to do it. Rev. Gibson: Well, if you are not going to do it, you just lost me then, because I believe, that if these people are goint to make that kind of investment, they ought to be able to enjoy the fruits of their labor, for a little while anyway. I know what we are trying to do, and if you want to make the investment, I'll go along, I have no problem. Mr. Dave Reynolds: Our position has consistently been with respect to this particular proposal that it was an innovative use, of existing transportation, we felt it was not competitive, but complimentary to the normal transit service and we have no objection. TO respond directly to Father Gibson's 73 statement, t can't mai4:e a commitment for Dade Cotthty. The board of County Comm dsioners would have to make that commitment. I haven't the power to make that commitment to you. Rev. Gibson: Okay, let, --- Mr. Reynolds: Let us 'wring that proposition to the Board of Commissioner, County. Rev. Gibson: I am for that. Before we vote, I believe. let me say, I think we have play fair. -----I don't think we ought to ask these people to explore, then when it becomes a profitable thing, then they say, look, this is a nice route, and we ought to take it. I think we ought to raise the question with the Miami Transit Authority,---- Mr.Reynolds: -- -Dade County, period. Rev. Gibson: I am for that. Mr. Reynolds, let me make sure you understand Theodore, I have no problem with where I go, and I don't develop the system nor the that isn't my business. My business, as I want to go, wherever I can get the answer, and if so, --- Mr. Reynolds: Thia is a city -county problem and the proper place to resolve this is between the City commission and the Board of County Commissioners. Rev. Gibson: Mr. Reynolds, let me say this, I want to go a step further, my position is, if the Metro Commission is willing to explore this, I am willing to let them explore it. I can't in good conscience ask a private enterprise, to make this kind of investment, ---- Mrs. Gordon: What investment are you talking about. Explain it, so I understand. Rev. Gibson: Rose, when you use gas, and a car, and when you use manpower, it is like money. If anybody knows that, you know it, because you are in real estate. All I am saying is, I am not adverse to the venture, I am adverse b the fact that if you try it out, --and I have been here all my life, and I know what can happen, Miami Transit finds out it is a paying thing, then very quickly the County takes it over, and I have no problem with that. All I am saying is, I would hope we would be fair and say for a period 3 years, 5 years, if this works, these people would have this route, and I never shall forget, Mr. Reynolds, when the jitney people came here, Mr. Zilber.. one of the reasons I like you and respect you, you were not trying to take those people to the watershed. That is all I am saying, and I am not adverse to the proposition. I am just adverse to what I think I see and hear. Mrs. Gordon: May -I speak Mr. Mayor. I just want to clear everything up, because I think there is maybe a misunderstanding and certainly I respect Father Gibson as a person, tremendously, and I don't want him to misunderstand. These people are investing in any new vehicles. No. one, they are not investing in any new manpower, No. two, what we are doing for them, is helping them to increase the passenger carrying capacity of the vehicles that now stand idle a good part of the day. I want to clarify the points of misunderstanding. We are not instituting a new kind of service, we are saying the same kind of service, --the 74 OCT 101974 people who have a license in the city of Miami today, can pick up passengers and deliver then to different parts of the city, --are going to do the same thing, but what they are going to do, is pick up 5 people and let them split the fare, and drop them within a ce.Lain route. Unidentified person: What if you don't get 5 people? Mrs. Gordon: The people there will either wait for the 5th person or agree to move and pay the meter rate divided by the number of people in the cab. As far as I understand it, is that right Mr. Zilber or are you agreeing to leave without a full load, as Mr. Andrews delineated? Mr. Plummer: I just heard the Manager say it was, if there wasn't 5, then each one pay what is on the meter. Mrs. Gordon: That is what I said , not 5 people paying the full fare of the meter, divide the meter,'sure. So, there is no investment to the cab company, that is what I wanted to make, as a point. If they don't benefit from it, and the people aren't benefiting from it, and Dade County really has nothing to do with, because it is our cabs, and our city, and Dade County only controls the bus system, and buses can't do what the cabs are going to do, because a bus runs a different kind, of operation. They stop on blocks,almost every block, and pick up and drop off, and all sorts of other things. I want to say simply that I agree with the Manager that instead of taking too big a bite of the apple and maybe not be able to chew it all, go with the one route to start with, I think that is sensible. Mayor Ferre: Let me ask a question. If I call you up right now, and I am ,tt Robert King high Rowers, which is the end of the route, or down on the Trail, and I say, send me a cab, there are 5 of us who want to go up to Jackson Memorial Hospital. He will send a cab down there, I don't have to pay you $2.30 multiplied by 5. I pay $2.30? Mr. Zilber: Right. Mayor Ferre: So in effect, I don't mean to belittle this, but what we are instituting we almost have, it is perfecting it, really what we are doing. We are just moving it one step forward and letting people know that this facility is available. But in a sense we've got that today. Mr. Zilber:---from point to point, Mr. Mayor you are correct. From what I understand what the Manager said and what we proposed, is that if 5 people go on SW 8th St. and 12th Avenue, two wanted to get off at Robert King High Towers. 2 wanted to get off at the State office building, and 1 at Jackson Memorial Hospital, thcy would pay the 50,r per head. Under our present system now, it would not quite work that way. Mayor Ferre: I don't agree, because if 5 people go on and the last guy is going to pay the $2.30 and he said, each one of you give me 500 and you can drop people off along the line, the cab is not yo to say he won't stop. Mr. Zilber: That is correct, but most times,strangers don't share a car like that. 75 Mayor Ferro: All we are doing, really,its an educational process. I don't Mean to belittle what we are doing because t think it is important. Let's not exaggerate what ie happening here. Mrs. Gordon: It is very pilot, very small to start with. It was not intended to begin quite so small. The intention was to expand this in a larger degree to begin with, but the Manager feels that perhaps we are better off starting small and watching it for a little while and then proceeding. Mr. Zilber do you agree with this approach? Mayor Ferre: Let me ask another question, ---I think Father Gibson's warning and hesitation is a valid hesitation. But I want to ask the taxicab industry, are you willing to undertake this matter, recognizing the potential danger that Metropolitan M.T.A. might put in a mini -bus service eventually to compete with you? Mr. Zilber: We are willing to undertake this, --two reasons, one because it has been requested of us by the city and also we also feel we may be able to develop some new business for taxicabs. Mayor Ferre: Sure. Mr. Zilber: There will be some effort on our part of training our drivers, the thing that worries us is we may get logged at the busiest times of day to do this and will have to assign cabs to do this. That would be the one thing that may cause some problems at the height of the season where we are busy other places. We will have to assign cabs from other places to do this work. Mayor Ferre: It seems to me, Mr. Reynolds, that you say you can't speak for the Metro transit authority, --I mean you can't speak for the County commission, --you are not going to go in competition, I don't care what you come up with, like going into taxicab systems, so the only way you can compete is if you put in mini -bus. Let me ask you this, you certainly have, and the Metro transit authority, or the county commission, many, many alternatives. If something is functioning isn't it highly unlikely that you would go and try to compete with it, when you've got 50 other routes that you would like to set underway? Mr. Reynolds: Exactly, it would be extremely unlikely and an impractical thing to do. As a practical matter, you would not do it, because we have so many other problems to solve, if something is working, you leave it alone. Mayor Ferre: And if you did do it, I guarantee you, you would have a tremendous cry from this community, led by Theodore Gibson and Maurice Ferre, Mr. Reynolds: Since the county isn't a profit making organization, there would be no point in trying to take over something just to make a profit out it. Our job is to provide a better level of service to the entire community, and where there is a lack of service, that is where we have to provide it, not to go in and take it away from where it is. �,76 OCT 101974 Rev. Gibson: Mr. Mayor let me say this. you know, ---- my business is laudable, you know t must teach people to be laudable, but l want to tell the people that a part of me that they don't know is, I become very practical at times and hard-nosed. I would feel much better if this wasplaced on the conscience of the Metro Commission, and that they understand the way in which we are doing it. You know, when I hear, what I hear is, we are going through an exploration, a test run, and, investment, whether you call it that, or not, that is exactly what it is. I would hope that the Metro Com- mission would understand, this is the point from where we are coming, and that if this thing is successful,-- don't tell me about big business, and all that jazz, and governmental operation. I am in government right now, and if we find out that something more advantageous than some other things, every man on this Commission, if you say it isn't true, see me out of the room, and I'll tell you. You will want that which is more advantageous to the Commission for the operation of the City. A11 I am saying is, we ought to go to the port of having the Metro Commission, if they don't want to vote, we ought to say what we are saying in their hearing, and let them understand. I don't know about you cab people, but you will never get me running a church, --starting a church, and after I start the church and the members start coming in, and the church gets packed up, the Bishop is going to move me somewhere else, and say Theodore, you go over here and start another church. No way in the world, and I think we ought to be realistic, Mr. Reynolds, I never shall forget the fight we had, ---was it about a year ago, Mr. Zilber?--- let me speak to the part you spoke about, and I am not in opposition. When those jitney men came in and wanted to have their license renewed, don't forget brother Reynolds, you were standing to that mike, remember that? Okay. You know what I am implying, and you know what I am saying. Okay. Mr. Otavio Blanco: My.name is Otavio Blanco, 8115 S.W. 16th Street, local taxi drivers union, first of all, this route will be available to every city of Miami taxicab license in tle City of Miami, anyone, anybody who has a City of Miami license will be able to operate at that line. MR. Andrews: Yes, we will have a taxicab stand established at both ends of the route, and from my understanding, and I'll verify this when you have a taxicab stand, tell me taxicab industry, if I am wrong, when you have a stand in the public. right-of-way, anybody licensed in the City of Miami, with a certificate of public convenience and necessity can use that taxicab stand. Mr. Blanco: The second question is, during the season. I know because, ---during the season who is going to guarantee those taxis will be there whenever they are needed? Who can we write a complaint in case 5 people are there and they don't have any taxi there. Mr. Zilber: That is the investment we were talking about. We as an industry are going to have to guarantee, --and I say 'we', both Yellow Cab and Diamond, which are the two largest, have said we will see that cabs are there. We may have to defer some other work temporarily to get cabs to this location, this may be some of the investment that we said might be involved in this thing in the height of the season. We will see that cars 77 are at these places. Mr. Andrews: So we don't have any misunderstanding, and I aM not going to protect the taxi cab industry but, in the height of the season on aanuary 1, you might have trouble if you called for a taxicab and you wanted to spend $10.00 for a trip, because they are not available. Mrs. Gordon: Mr. Andrews when we first talked about this, we talked about issuing a dual certificate to those Who are going to indicate an interest in participating, and I see that as a controlling factor. Mr. Andrews: It could be. Mrs. Gordon: Let's pursue that way to develop it. We said we were going to do that, and those people would then be the ones who would be, if you want to have it, you ask for it. There was no charge going to be involved. Mr. Zilber: I think it would be more convenient to the public and to the city if every cab was allow to do automatically, because the certificated cab may be in Little River when he is need over on N. Miami Beach, where there would be 20 other cabs in the general area. Mrs. Gordon: You know your business. Rev. Gibson: Let me ask one other question, Rose, -- oh, I am sorry, Mr. Blanco: Let me clarify, excuse me, Reverend, ---- he knows his business and I know his business too, Firs. Gordon, Mrs. Gordon: Okay I'm with you, ---- Mr. Blanco: We need a guarantee down here from the companies, because here in the airport, sometimes, when it is busy, you can find no cab on the City of Miami, even' they got the Yellow Cabs got the concession with the Southern Bell. and sometime those have to wait two hours there to get a taxi. Mrs. Gordon: Could we proceed in this manner, if everybody is agreeable, could we move this pilot route arcd that you ask us, the committee to meet and work out the details again. ,tiir. Claude Rolfe: My name is Claude Rolfe, President of Transport Workers Union, 16201 N.W. 17th Place, about picking up the difference if the cab don't make it. One thing most of our salaries come out of the fare box and when they start taking part of that to subsidize somebody else, we are going to oppose and fight it all the way. Our wages come out of the fare box, and we can't see them giving it to somebody else. Rev. Gibson: Let me raisa a question. I have no problem with that. That is where MTA, and what I am trying to say to the Commission is I am glad you said that, because when itT2 finds out that that route gets to be economically advantageous and maybe, ---not too much in the box, that is where the rub may come. But I want to raise this question. Mrs. Gordon, you represented the City on this committee and Mr. Reynolds I presume you represent the Transit Authority, is that right? Okay. 1 assume that the committee discussed the kind of thing talked about, I mentioned, is that right? Did you all discuss it? For the sake of the record, please, you see, so later on, nobody is going to tell me, you all discussed these ramificationz and questions concerns that Theodore Gibson expressed. Mr. Reynolds: Father Gibson, what we discussed, what we discussed was the fact that there probably would be some costs involved in inaugurating this program, --it was not discussed as to who would bear the costs. Certainly there was never any intimation that the county was going to bear the cost for this. It was the City's program that they were promoting, and we saw no reason why at that time why the county should bear any cost for it. Rev. Gibson: Does Dr. Dyer know about this program Mr. Andrews? Was he involved? Mr. Andrews: Yes, sir. Mrs. Gordon: Yes, he was. Rev. Gibson: You know what I'd like. I wish Dr. Dyer and you Mr. Reynolds, and also the taxicab business, would -not today, that won't determine how we are going to vote, I wish you all would write us a letter, saying that you all discussed it, as a committee and that you all were favorably impressed and you were behind it. I happen to know, once you write it, you are going to be very careful about what you are telling me. You see, that hand I got, --I always hold this up during Lent when I am preaching about sin. I say, you know what I learned about sin, this is what you learn in sin, sin is like the child who got burned, and everytime you look at that hand, you see what happens, the scar is always there to remin d you, that if you put your hand in fire, it will burn, so I hope if I don't do anything else for the Commission, I would have educated us to that, that the advantage of going through some of these things, is everytime a new one comes up, having been burnt, you say. wait a minute, I --maybe the burn, doesn't hurt now, but the scar is there to remind me, that fire will burn, and all 1 am saying ladies and gentlemen is, we are going to vote today I presume, but I want that letter. Mr. Reynolds: You want a letter to what effect? Rev. Gibson: --that you all as a committee, Mr. Reynolds: ---that would be in Mrs. Gordon's committee report. Rev. Gibson: Mr. Reynolds, if you write that letter. it won't be like when we read Mrs. Gordon's report, because you are going to be careful what you say in that letter, you and all the rest of them. Understand what I mean? Mr. Reynolds: You want a letter stating the county's • position with respect to this proposal? Rev. Gibson: Right. And then you are going to find it hard and difficult to do that cab company in after they explore and find it is a paying venture. That is all I am saying. You see, I have little faith, --- Mr. Reynolds; For a man of faith, Father Gibson, you have little faith. 79 OCT 101974 �0 Rev. Gibson: When it gets to business I happen to know that , -- Mayor Terre: He has faith in the Lord, --- Rev. Gibson: I have faith in t2-.e Lord, not in the businessmen. Mr. Jose AMallo: My name is Jose Amallo, I am an attorney representing another applicant today. My question is, is there any application filed by the cab companies, before the commission at this time, and secondly, whether the route as drawn by Mr. Andrews, is a different route from those presented to the Commission at the last hearing. Mr. Andrews: I can answer the second question first if you wish, then the City Attorney can answer the first one. The second question, this is not any different than that which was presented to the Commission except it is one of 5 routes that was presented to the Commission, four more routes, they were excluded. Mayor Ferre: Is this one of the routes? Mr. Andrews: This was one of the routes, and we have that chart here. Mayor Ferre: The second question was, ------ Mr. Andrews: The first question was one of, whether a permit or application was needed. Mr. Lloyd: The answer is no application is needed, because the cab compmies ::.nvolved in this already have certificates of public convenience and necessity and this would come as another use under those certificates. Mayor Ferre: Father Gibson, do you want this to come up before the county commission, or you want a letter, or how? R v. Gibson: Mr. Mayor, I don't care how we do it. I want a letter from Mr. Reynolds, I want one from Mr. Dyer, and one from the cab people. Now, if that is the association, what the Zilber represent here, today, that outfit, I want a letter from them on the file. These are the people, if things don't go right, we are going to have to be dealing with. Mrs. Gordon: May I move this adoption of the taxicab proposal as recommended in its final form by our Manager and that the proper ordinances be drafted to permit the 500 fare as outlined. Mr. Andrews: The hours of operation would be from 7 in the morning until 10 in the morning, and then from 3 o'clock in the afternoon till 7 in the evening. Nrs. Gordon: And in addition, that this pilot program be initiated for a period of 5 months beginning November, that would give us November, December, January, Febuary and March to analyze it, or I think 6 months might be better it would take us through April, would you like to speak to 80 that Mr, Silber? Mr. Silber: I would like to ask if the hours could be from 7 A.M. to 7 P.M. go the 12 hour period. I think people will need this service in the afternoon. Mrs. Gordon: They have to go to doctors, or hospital, we want to give people service. Mr. Zilber: This service will be during the week only, not on week -ends, am I correct? Mrs. Gordon: Yes, Monday through Friday, 7 to 7, and for six months. Rev. Gibson: Mrs. Gordon, I'll vote providing I get subject to the receipt of those three letters. Mrs. Gordon: We are going to have to have ordinances drawn and then vote on them, so by that time we should have the letters. Rev. Gibson: I don't vote on an ordinance if you don't include subject to the receipt of the three letters. Mrs. Gordon: No, this is not an ordinance, it is a motion. Rev. Gibson: You krow what I've discovered in the little time I've been up here, ---real smart gal, man, ---- Mrs. Gordon: I like that, Rev. Gibson: ----subject to the receipt of the three letters. Mayor Ferre: Will you accept that in your motion? Mrs. Gordon: If you think it needs to be in the motion, I'll be glad to include it, because I want Father Gibson happy with this program, and I want him to be a supporter of the program, and I sure don't what an item to make him unhappy, and left out. I'll include it if you want it, father. Thereupon the following motion was introduced by Mrs. Gordon, who moved its adoption: • MOTION NO. 74-1122 A MOTION ADOPTING THE TAXICAB PROPOSAL FOR MULTIPLE PASSENGER SERVICE AS RECOMMENDED BY THE CITY MANAGER, AND INSTRUCTING THE CITY ATTORNEY TO PREPARE PROPER LEGISLATION TO ENABLE THE TAXI- CAB INDUSTRY TO INAUGURATE SUCH A PROGRAM FORA TRIAL PERIOD OF SIX MONTHS BEGINNING NOVEMBER FIRST, SUBJECT TO RECEIPT OF LETTER OF COMMITMENT FROM THE REPRESENTATIVES OF THE TAXICAB INDUSTRY AND LETTERS FROM M.T.A. AND DR. DYER OF THE COUNTY MANAGER'S OFFICE EXPRESSING THEIR POSITION ON THE MATTER 81 Dpon being SecOlded by Rev. Gibson, passed and adopted by the foliowing vote Mr. Reboso, Rev. Gibson, Mrs. Gordon and Fite. the motion was AYES: Mr. plurMer, Mayor perre. NOSS: Mrs. Gordon: Since we want to begin this program as quickly as possible and hopefully November, Mr. Lloys, how do we proceed legally. Mr. Lloyd: We will simply begin by preparing the necessary ordinances. Mrs. Gordon: When will we do that, when will we hear them, when will they be ready for us to vote on. Mr. Lloyd: Maybe a week or 10 days. Mrs. Gordon: We have a meeting on the 17th, could we be ready for that? Mr. Lloyd: The 17th of October? Mrs. Gordon: Could we include it as a second item, the first reading. we have to have two readings. Mr. Lloyd: We will do our best to have it for that meeting. Mrs. Gordon: Could we have it as an emergency on the 17th? So we can begin service on the 1st? Mr. Lloyd: Yes, if we find an emergency exists we an can make it an emergency. Mrs. Gordon: It is very important to begin this, educating people to use this before the season gets into high gear. Mayor Ferre: You'd better make sure the letters are in. Mrs. Gordon: I don't think there is any question of getting the letters. Mr. Blanco: i don't know if I am wrong, but I don't believe the ordinance has to be changed, according to the ordinance todax, you can ride 5 people, more than one person in the taxi, if the 2nd party agrees to, share the fare. If you got this route designated to form a car-pool, I don't believe it has to be changed. Mrs. Gordon: Our lawyer told us we have to have it because we want to set a fixed fare, 50 a ride. Mr.Gilber: I think the key was if people agree, under the new ordinance, people won't have to agree. 5 people will go automatically. Under the existing ordinance the first person has to get permission from the second etc. Mrs. Gordon: Has everything been handled regarding this matter Mr. Lloyd. Mr. Lloyd; There is no question about, because there is a couple of other factors it is not necessary to go into now,but 82 we do need a special ordinance. Mayor $erne: The answer is yes, let's move on. Mrs. Gordon: Did we settle it for a hearing on the ]ith7 Mayor Ferre: I hcoept that, please put it on the agenda. 4' SET NEW DATE FOR PUBLIC HEARING BASED ON ER APPLICATION r)F MIAMI MINI AL.IAM S, Mayor Ferre: Mr. Pino,---- Mr. Millo: Mr. Mayor, we have before us now the application of Mr. Fino. We went back to the original application which we had filed, contained the routes and adding an additional route to the routes we had already set out, in the original application. The reason for this was, that, and the application, as originally amended, was not specific enough and we realize this, and agree with the City Attorney that it was not specific enough as amended, therefore went beck to our original application, and added an additional route. Mr. Reynolds: Mr. Mayor, I respectfully state that you do not have that application before you at all, it is not on your agenda. Mayor Ferre: I accept yout statement. Mr. Millo: The application, Mr. Mayor, is in and has been in, and I am unable to respond to Mr. Reynolds without losing my temper, so I will try not to. I would like to show the commission the new route as proposed, which is a route which was designed spocifically non -conflict in any way with the existing routes by the M.T.A. This is a service that was provided from the Little Havana area to the industrial area in Hialeah. We proposed to operate this on 15 minute interval between 6 o'clock in the morning to 7 o'clock at night, at half hour intervals, 7 P.M. to 12 P.M. Mr. Pino will be showing there what the route will do exactly. There is the proposition here that the route will not be able to pick up passengers in Hialeah, and drop them off in Hialeah. They will have to be pick-up in Miami delivered to Hialeah, and pick-up in Hialeah and delivered to Miami. Mr. Plummer: Mr. Mayor, point of personal privilege in conferring with the City Attorney who is our legal advisor, they are declaring that you have as of yesterday, put in a new application. According to what I am told by the City Attorney we then, once you have made this application, to give you a hearing within 5 to 60 days, now, all I am saying to you is, if you want to keep on talking, go ahead,but we have got to have a public hearing, and I am ready right now if you want to make a motion to approve the public hearing, and you are just going to have repeat yourself entirely so 1 caution you for the sake of brevity, not to continue on today because this is not the public hearing, we cannot do anything, and I will be glad to make the motion, if the Manager wants to give me a ,c 8 3 day as to when we will hear this in legal form. Mayor Ferre: Will you look at the calendar to see What day. Mr. Millo: We would appreciate itiwe could be set on the next hearing, at the same time with the pilot project on the taxicab will be considered. Mr. Plummer: Mr. Manager can we do this on a regular commisskr► day? Mr. Andrews: Yes. Mr. Plummer: What days did we switch to in November,- 7 and 21? How about the 21st of N ovember. Mr. Millo: That is putting us back another month. Mr. Plummer: The only reason I am saying that is, I don't know they can be ready, because according to the legal department, they have to notify every certificate holder present plus we have.to advertise. Mr. Lloyd: Plus M.T.A. Mr. Plummer: I am just quest:.oning it might not be complied with by the 7th. Mr. Millo: To my knowledge M.T.A. is the only certificate holder. Mr. Plummer: No, every cab holder has to be notified. Mr. Millo: They are not within Article III. Mr. Plummer: Excuse, me I have to go by my legal opinion. Mayor Ferre: Let's see, you want to make the statement as to the law? Mr. Dick Austin: Yes,sir, my name is Dick Austin, 5255 N.W. 87th Avenue, appearing here as one of the counsel for the Miami Mini-Aliados. By the terms of the application as I have examined it, it does not fall within the same category as that of a taxicab. Therefore the competing organization is the bus company. Mr. Lloyd: I can say this, if the M.T.A. is the only same kind of transportation is offered, that is the only one that has to be notified, because the Section 56-76 says all certificate holders of the same kind of transportation. If that is all there is, that is who has to be notified. Mr. Plummer: November 7':h agreeable with everybody? Mayor Ferre: I am going to give you my opinion on two things, and the Manager has just pointed out something that is valid. In the first place, whether or not, it is under Section 3 or Section 5 or whatever it is, f::om a practical $4 4 /6 point of view, let's advertise, let's tell everybody, so that if something should happen. and I am not a lawyer,but you lawyers can argue this, that somebody won't take you to court and say you didn't go through the proper procedure, etc. etc., so let's comply with both sections of this, it doesn't make any difference anyway. we can have this thing on the 7th. Mr. Plummer: You've got to believe that every taxicab is going to be here anyway. Mayor Ferre: It is going to happen anyway, so you may as well let them know and do it legally. No. 2, I think what we have to establish here today, and this is why Mr. Reynolds, I permitted these people to keep on talking, because I think it is a matter of principle that has to be established here. No use going through a lot of hearings, and a lot of, ---putting things off, and on and on, when there is a matter of principle Mr. Lloyd. The point I am trying to make is, that before we go to a public hearing, we haveto establish as a matter of principle, whether or not, we are going to accept, a propoaal in jurisdiction, not in the ramification of whether or not this is going to be done or not be done, because that is something that has to be determined after a public hearing, but if this commission says no, we are not interested in this, we don't believe that the City needs this type of service, and there is no need for a public hearing, then the matter is dead. Mr. Plummer: No, Mr. Reynolds: M:•. Mayor we are not having a public hearing, ---- Mayor Ferre: A public hearing is for a specific petition but what we have to establish here is a matter of philosophy or principle if you will, that this commission wants to recog- nize that this type of service is needed. Mr. Lloyd: Well, you do that respectfully, Mr. Mayor at the public hearing. That is what the public hearing is for. Mr. Plummer: More than that now, because I want this point clarified, because I don't want people walking out of here confused. Mr. Mayor we do not have the right of rejection. When a man applies, the law says you must give him a hearing within 5 to 60 days. You must, ----that is what he took us to court before. Mayor Ferre: What I want to do is get this commission on record, establishing the principle that it believes that we need this type of service. Mr. Andrews: Mr.Mayor and members of the Commission, I think it is important for the commission, whether it has the legal right or not, because we have been transferring functions that are Metropolitan in scope to Metropolitan Dade County. You did that recently with the Dept. of Water and Sewers, you did that in Housing, and in a lot of other areas. Now, by principle, I think this Commission over the years has looked to Metropolitan Dade County for providing the basic bus service and transportation service within the City of Miami. The taxicab and for -hire limousines are a different order of transportation than the mass transit. 85 /7 Whether it is legal or not, I think it is important for the Commission to make a policy decision now, that when you accept this application artd you apply it to the law that we have, that, if it is feasible, and they provd a need for it, that you are going to license them within the City of Miami. Mr. Millo: I think the legal question should be also reported on by the City Attorney who report the power of the City to license or not this service which of course- a decision of the City Attorney is not. does not have any power. then of course we are not going to come back on this4 We would like to know a declaration by the City Attorney as to whether the City has the power to grant us the certificate as applied for. Mrs. Gordon: Can I ask a question. What are we talking about. a new application you just filed. or the one you filed before, what are we talking about? Mr. Millo: We are talking about an application that was filed back in July 4,---- Mrs. Gordon: You are talkingabout the same application you filed in July, -- ---- Mr. Millo:- ---with an additional route, which we filed two days ago. frs.Gordon: In otherwords you amended your original and you are including something else to it, you are still talking about the original plus and addition, is that what you are talking about. Mr. Plummer: The City Attorney has ruled that their are original application was withdrawn. The City Attorney is recognizing the application of yesterday. Now that is what we have to go on. Let me jusz go one step further, and I think the only thing, I don't want to see this commission go on record of a point before a public hearing. I would be violently opposed, to that, but the point I think legally must be cleared up, is what jurisdiction this commission has, for example, excuse me for saying it, but invading Hialeah's juris- diction. I think it is a question that must be resolveu first. I think that is a legal question that must be cleared up befog.• we go hold hearings and we get told, well you have no right:, over here. Mrs. Gordon: Another thing I want to ask you, and it is also a legal question in a sense. Mr. Lloyd: The answer is, that they may go into to Hialeah on a certificate of public convenience and necessity issued by the City of ;Miami, they way discharge passentlers but they can't pick them up. ALA. Plummer: That answers my question. Mr. Pino: Mr. Lloyd, would you agree that we can pick up passengers in Hialeah and deliver them to Miami? Mrs. Gordon: That is not what Mr. Lloyd said you can do. 86 Mayor Ferre: That is what he is asking him. Mr. Lloyd: 1 think that unless there were to get an additional certificate from llialeah,---- Mr. Plummer: That is the point, ---- Mr. Lloyd: ----we can issue them a certificate, this City has the jurisdiction to issue,in my opinion. a certificate of public convenience and necessity, such Mr. Plummer: Mr. Mayor, I haven't said it, and I didn't want to, but I have to, I can imagine what is going to happen. Now, Mr. Pino, is he is successful, has said to the City of Miami,I will give you X percent revenue from my gross. Hialeah is going to hear that, and they are going to want a percentage of that for the city of Hialeah. Mrs. Gordon: And here is another question, J.L. suppose you put it on public bid, and somebody wanted to give more percentate, than they are willing to give. That is the way it was done in Los Angeles, when they were soliciting this kind of public service. I am just bringing up a point. Mr. Plummer: It is not a franchise. no, not at all. Mr. Mayor I will once again, depending upon the legal department's ability. the Manager's ability to advertise. the legal depart- ment straightening the legal problem which I and others have raised, that we grant these people, as we must, and I emphasize must, under the Charter, a hearing on the 7th of November, preferably in the late afternoon. I'll offer that, Mayor Ferre: the 7th of November, ------ Mr. Plummer: It is our regular meeting. I want it made clear, we don't have the right, to elect, reject, or accept under the charter, we must give them a hearing. Mrs. Gordon: There is percentage arrangement in this agreement. Is that right Mr. Lloyd? Mr. Lloyd: You mean for the City? No, this is not a franchise. Mrs. Gordon: I heard Mr. Plummer say 5%. Mr. Lloyd: No, this is a certificate of public convenience and necessity, and what he is talking about is a franchise, which this is not. There is no vote of the electorate required in this. If you go into a franchise situation you have to haw e vote of the people. Mr. Millo: Mr. Lloyd I wish you would clarify what you statement was as to the law because it would seem to me, that from what you stated, a certificate of convenience that could be issued by the city of Miami can only take people out of the City and not return them to the City, is that what you are saying? Mr. Plummer: That is part of the legal question we can resolve before the hearing. Mr. Lloyd: Actually it depends on how much of the route is actually in Hialeah, which we are going to have to determine. OCT 101974 87 Mr.. Plummer: Mr. Pino, I suggest, sir, to you, if my motion does somewhere along the line get a second, that you get with the City Attornel and let him raise all of the legalities involved, and you iron those legalities out before the 7th. Now, we can sit here and talk all day long on this matter, we can't do a think about it, until we have the public hearing, which we must give to you, and iron the legalities out with the City Attorney, the City Manager and the Clerk, all he does is advertise, so you don't have to sit down with but present to him what your plan is, let him raise the legal questions before and get them resolved if he can, and if he can't he must tell us so at the public hearing. Mr. Pino: Mr. Plummer I agree with you 100% but before we finish I would like that 3 minutes from your time. Mr. Plummer: I'll withdraw my motion. Mr. Pino: The other thing I want to point out here, to you is this, the problem we are facing now with inflation is to the point that people will very soon have to take the money that they are spending to use their car to start eating, and I mean it. Because the price of food is going up, gasoline is going up, everything, so I would like you to consider this on the 7th and look from that point of view and start thinking about it. Thank you. Mr. Plummer: Mr. Mayor once again I make the same motion, that we grant this request for a public hearing on this certificat of public convenience on November 7th and that all legalities be ironed out with the City Attorney, that it is a legal public hearing, and that the Manager iron out any problems he might have, and it be properly advertised for November 7th. Mrs. Gordon: Do we have a copy of the proposal as it was amended? Is it in our books? Mr. Plummer: Mr. Lloyd, let me put because I h:.ar some other conversation. as to whether or not to grant this publ correct. you on the record, We don't have a choice is hearing, is that Mr. Lloyd: Absolutely correct, the ordinance says that within 5 days after the receipt of the application, or between 5 and 60 days we shall give them a public hearing. What we do as a result of the public hearing is up the discretion of the Commission after hearing the facts. Mayor Ferre: All right, we have said that for the third time, is there a second to the motion? Thereupon the following motion was introduced by Mr. Plummer, who moved its adoption: MOTION NO. 74-1123 A MOTION FIXING NOVEMBER 7TH IN THE LATE AFTERNOON AS THE DATE AND TIME FOR A PUBLIC HEARING ON THE APPLICATION OF MIAMI MINI-ALIADOS 88 OCT 101974 it 7-o POR CERr'IFXdm co PUBLIC COMMENCE AND 2SSITY TO OPE*AT2 MOTOR VEHICLE O`V13R A PIM ROUTE Upon being seconded by 14r. Reboso, the motion was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson. Mrs, Gordon, Mr. Plummer. and Mayor Ferre. NOBS: None. Mr. Claude Rolfe: I would like to have some questions answered on this public hearing when we come back. HOW many jitneys is he talking about putting out there and how many more certificates are you going to put out through the City, and whether it will be worthwhile to have a bus company if they are going to put all those jitneys on the streets. Mayor Ferre: Are you going to clarify that at the public hearing. and answer all those questions? It has to be in your application. doesn't it? Mrs. Gordon: Mrs. Carter do you have a total copy of the application? Mr. Lloyd do you have a total copy of the application? May I see it please? 35. BRIM' DISCUSSION CONCERNING LICENSING OF SUNSHINE LIMOUSINE SERVIC- Mayor Ferre: Mr. Andrews, we voted to give this man a license two weeks ago. He still does not have his license. Mr. Andrews: It turned out a little more complicated than that. What we find is that this gentleman has a, --- what is the word, occupational license in the city of Miami, he does not have a certificate of public convenience and necessity and if he operated a cab prior, -or operated his facilities, prior to obtaining that, he operated then illegally. We have not issued any certificates of public necessity for I guess, 18 to 20 years, because he Rev. Gibson: How does a man get a license? Mr. Andrews: He went down and applied and got an occupational license within the city which anybody can go down and get. So we are still trying to assist him. Mr. Pitts: I applied for a occupational license in this city, what they are trying to do is tell me that --- they would not issue ma another occupational license, in other words , they closed my doors there, I run out in the county I can't run in the city of Miami, all my business is in the county, but -I manage my business in the city of Miami, and I need an occupational license to keep my doors open in the city of Miami. Mr. Andrews: You are not going to operate your vehicles in the city of Miami. Mr. Pitts: No we haven't, we operate in the county. Mr. Andrews: Then I think we can straighten that out. • 36, PERSONAL APPEARANCE - MR, BEN ATKINS, MANAGING DIRECTOR PAN AMERIICANNI WORLD AIRWAYS CONCERNING THE AIRLINES PRESENT Mayor Ferre: Bow, Mr. Ben Atkins, Mr. Ben Atkins: Thank you Mr. Mayor and Commissioners. I aa< here today representing the 3400 Pan American employees who are in Dade County. We started our business in the very building some 47 years ago, and this used to be the world headquarters for Pan Lm. We have had expressions of sympathy for Pan Am's current situation caused by the fuel crisis, which have been forwarded to Washington by the Mayor of Los Angeles, Mayor of San Francisco, the City of Coral Gables, the County Manager, City of Hialeah, and various other bodies. Mayor Ferre: I think you had better wait till Plummer gets here. Mrs. Gordon: Lloyd you prepared some resolution regarding this. I didn't know you were going to appear at the time I asked for this to be prepared, and I am glad you are here. But we recognize the need for the supporting action of this commission to the Congress so therefore we want to hear what you have to say, but we are prepared. Mr. Atkins: I appreciate the fact you anticipated me. Mayor Ferre: 1 want you to know Ben, as I have told you several times that, axed as I said to the President Mr. Sewell, when he was here, as was published that the City of Miami, I am sure will stand as much as it can behind Pan American and I want to join the Mayor of Los Angeles, and the Mayor of San Francisco in recognizing the importance of Pan American to our community and have so stated and am glad to do so again. Mrs. Gordon: Mr. Mayor wouldn't it be a good idea if we, this body, ask the county, unless the county has already done this, ---- Mr. Atkins: They have not passed a resolution, but a 1 etter has been sent by County Manager Goode on behalf of the county to the President, various congressional leaders to the Governor, Mrs. Gordon: How about the State, --- Mr. Atkins: Governor Askew has done the same thing,so I think it would be fairly unanimous, my reason for coming here today, was I didn't think it was right the City of Miami not be involved. Mayor Ferre: J.L. he stated that the Mayor and City of Los Angeles, San Francisco, the Governor of Florida and others have already written letters and passed resolution. ---this is on Pan American World Airways. Mr. Atkins: Recognizing it is late in the day, I don't want to take much of your time, but I do want to say that as a responsible aeiaber of this community, Pan American Airways, is in trouble, we have things happening to us that are caused by the government, net caused by our own lack of business acumen, 90 OCT 101974 you might be interested to know, that we stand as the abet efficient of all the major carriers now operating today in terms of productivity per employee, and we have the lowest fare structure of any carrier so there is no Way we can make it under today's regulations and what we reed is the passage by Congress of the two bills referred to in your resolution, and I think the Mayor is holding up there in his hand, an ad Which is occasioned by the employees of Pan Am, who have gone on record world-wide that they don't want to see our flag go off the air lanes of the world and they are collecting their money to go and lobby in congress, to publish ads,to see all the congressional leaders who are vitally concerned with this measure. I am very happy to say the entire Florida congressional delegation is on our side, and have helped this, as a matter of fact, yesterday, Congressman Frye and Congressman Leman were very instrumental in getting a bill out of the Bougie Sub Committee in order to be voted on by the congress, and with the support of the City of Miami and the other government bodies, I am sure we will get the governmental assistance that we require. We are not asking for money, we are just asking our government treat us the same way they treat the foreign flag airlines that fly, and as a very good example, and i will only quote one of several, the United States government confirms and cenforae to the Universal Postal Union Act which sets the air mail pay for all airlines flying international air mail. They pay this rate to ever airline in the world except American flag carriers,and this rate is five times what we are paid and we say this is not right. This is one of the many things that are in the provisions of the acts which are stated in your resolution, so I am most appreciative of your efforts. Mayor Ferre: Have you read the resolution? Mr. Atkins: I have. • Mayor Ferre: Let me ask you this, you know the House and Senate are passing two bills and I notice that the Teamsters took a full page ad in yesterday's paper. ----Mr. Lloyd, you already have the House bill? Mr. Atkins: They are referred to, they are the two pertinent resolutions. Mayor Ferre: So we can get it on the record one more time, Hen. mew many employees does Pan Am have in this camesunity? Mr. Atkins: At the present time, 3,411, in Dade County. Mayor Ferre: What is the purchasing power of those employees and how much does Pan Am spend in this community. Mr. Atkins: The total is $100.6 million dollars per year, that is salaries and purchases made by Pan Am in the community. Mayor Ferre: I think that should be on the record to show the importance of the number of people that are employed that are involved in this matter. 91 OCT 101974 tgo Mr. Claude Rolfe: I au Maude Rolfe, President of Transport 'Markers Union, which i.e part of T.W. Pan M. and we will de everything possible, not only are the airlines locals trying to get this too all the other locals and transport workers union, they are working to solve the problems, --Whatever the city can do to help, we will appreciate it. Thereupon the following resolu:ion was introduced by Mrs. Gordon who Moved its adoption: RESOLUTION NO. 74-1124 A RESOLUTION EXPRESSING THE SUPPORT OF TAX CITY COMMISSION OF THE PASSAGE OF THE "INTBR- NATIONAL FAIR COMPETITIVE PRACTICES ACT OF 1974" TO KELP AMERICAN CARRIERS COMPETE OM AN EQUAL BASIS WITH FOREIGN CARRIERS: AUTH- ORIZING AND DIRECTING THE CITY CLERK TO SEND A TELEGRAM TO THE FIVE CONGRESSIONAL REPRE- SENTATIVES OF THE STATE OF FLORIDA EXPRESSING THE INTENT OF THIS RESOLUTION (Rere 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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Eerre. NOES: one. Mayor Ferre: Ben, is there anything else we can do for you? Mr. Atkins: No, but any members of the business community that feels likewise, would care to write to their congressional delegation would be most helpful, and we do thank the City for your support. Mrs. Gordon: Eas the Chamber taken an official position? Mr. Atkins: The Chamber has and they have circularized every Chamber in the Unitud States, and the Chamber of Commerce of the United States. Rev. Gibson: ---all the Unions? Mr. Atkins: They are, as you saw the IVP taken an ad with their own funds, the transport workers Union has done se in their convention in Orlando last week, the CIO AS of L passed a resolution, they also went to see Gov. Askew and they have been to the congressional delegation. Mrs. Gordon: Have the Board of Realtors? Mr. Atkins: Not that I know of Mrs. Gordon. Mrs. Gordon: We can see what we can do there. Mr. Atkins: Thank you very much. • 92 OCT 101974 PERSONAL. APPEARANCE - MR. BURTON 6O12ERG CONCERNING )1# PROPOSED BOND ISSUE FOR THE PURCHASE OF Mayor Ferre: Mr. Burton Goldberg. At. Andrews. Mr. Burton Goldberg: Burton Goldberg, Sailboat Bay, Coconut Grove. 1 appeared here last week and you all generously in- vited me back to bring an accounting of the amount of dollars poured into Fair Island and I've also brought with me some of the, the contractor and the engineer and architect who worked on it and who are still owed money and the representative of the accounting firm, the.CPA firm of Spear Sheldon Safer. Commissioner Plummer requested I put this in writing and sub- mit it to you all and I have it before me. Mayor Ferre: Is that to be passed out? Mr. Goldberg: In addition to'those sums, $12,000,033.00 you have the accrued interest and carrying cost of the island it- self of approximately $550,000 to the first of the year. You see this island cost about $100,000, about $108,000 a month in interest plus receiver costs and legal costs. Mr. Plummer: Burton, just let me make a few comments if I can. First of all you have listed here one item which I would disagree with right off the bat, a houseboat. Now we ain't buying a houseboat or we don't even propose to buy a houseboat at the best. And I'm sure there is some value in that that can be sold off. Mr. Goldberg: I'm sure. Mr. Plummer: Now I know that you bought that for a model pur- pose to show a model of the apartments but what we're talking about, the Commission is land, acquisition of land Mr. Goldberg: That's correct. Mr. Plummer: And so I'm just looking at that.... Mr. Goldberg: I have to have a comprehensive situation so it is broken down for your review. Mr. Plummer: Ok., Mr. Mayor, I assume Mr. Goldberg is here based on the comments of the last meeting. It was my hope that we would get this before he reappeared here but I will have to tell you and tell Mr„ Goldberg that as a watchguard of the taxpayer's dollars I have already conferred with Mr. Andrews and at this time he has not yet been able to come forth with an appraisal of the land. Now I know Mr. Goldberg's con- tention that really he is only looking to bail out even. Now, I still then though must equate beyond what we're talking about in an appraisal and what Mr. Goldberg is talking. Conceivably there could be a great. difference between the two and I don't see, Mr. Mayor, how we can make upon a decisiol today of any kind until the City has come forth with this appraisal. Mayor Ferre: Are you saying we should take it off the ballot? Mr. Plummer: Well, I realize we're in a time bind. I guess, I hate to say that. Mr. Manager, do you understand my dilemma? Mr. Andrews: Yes, and I've been since this Commission Meeting... 93. • 1 Mt. Plutner: Well, let Me go one step further and let me lay Sot feet§ on top of the table. Burton, the thing that bothers the or really doesn't bother Me - the Mayor said to me how did you coins up with a figure of $10,000,000. And I'm talking out of school now and I don't think I'm damaging anybody's position. YOU were not here When the mortgage people made the statement to this Colnrnission that they hoped to be the ultimate ovine.-r, through a foreclosure suit, right or wrong, whatever it is and the man made the statement on the record "Give us $9,000,000 and you bought yourself a piece of realestate and we'll go home." Now that's how I derived the figure of $10,000,000 not to exceed because of court costs, foreclosing fees and every- thing like that. I gave that buffer. Now I realize that we've got to substantiate what you have here and I'm sure it can be done or you wouldn't have, brought this forward, that these fig- ures are correct and then I think we also must substantiate the fact of what the actual assessed value of the property is. Mrs. Gordon: Appraisal honey, that's the word you want. Mr. Plummer: Appraisal, I'm sorry. Appraisal because there is a big difference. Mrs. Gordon: Because I don't know what the assessment is, it could be anything. Mr. Goldberg: We know what the appraisals are as far as when the lender came in as far as the various banks; I have that but of course you require your own. Mrs. Gordon: Could you tell us what your assessment is? Mr. Goldberg: it backwards. work that back Well, I don't know the assessment. I'll work In 1973 it was $116,000 5.n taxes so you can and up until August 31... Mrs. Gordon: Did you get a new card for reassessment this year? Mr. Plummer: Sure he did. Mr. Goldberg: I'm not familiar with that. I don't know what the assessment is but the value... Mrs. Gordon: No, I'm not establishing value by assessment because that's not true. I mean value is not necessarily the assessed amount of money. Mr. Goldberg: Well, my problem is that I just don't have that figure. Mrs. Gordon: Ok, I'm not pinning you down I just.. Mr. Plummer made a very valid point when he said we don't have the appraisal because the appraisal establishes the value, not the cost of the property but what the appraisal says the market value is and that is what we have to go by. It might more or less than what you have in it. Mr. Goldberg: Condemnations are done by taxes. It is usually done by an appraisal and I see no reason to find that that would in any way endanger these gentlemen and myself and the lenders or whoever that have put money and time and effort into this. It is unquestionably going to come up $18,000,000 give or take a million or two one way or the other and I think your appraisal will do the same. What I'm saying is that these 94 OCT 101974 gennieinen have extraordinary amounts of money we've spent in this project and they'd like to core our whole and that ten million dollars would not give you a free and clear island regardless of what that gentleman said. .it can't hajpen and i would be willing to go out just at whatever we have in it with no profit, overhead, anything just out clean. And so if you were to adjust your bond issue which may pass and come up with that figure we will then, we can negotiate with the City as to actually what these costs are. Now sure, the house- boat shouldn't go and you don't need a houseboat so that would be deducted. Mr. Plummer: Mr. Manager, let's call it Burton, and I'm only proferring this, I'm not making a suggestion I'm running this by you for a suggestion. If we were to increase and for round figures, let's call it $12,000,000 - he's go:. $12,033,64 let's call it $12,000,000. All right, and we got approval from the public doesn't necessarily mean we have to pay twelve million dollars but how much in your estimation, you know there has been some talk we couldn't get a $10,000,000 bond issue passed. How much tougher would it be to get twelve? Mayor Ferre: Mr. Goldberg, I'm going to interrupt you and take the prerogative of the chair and submit this statement into the record. (1) I don't care whether the people vote for 10, 12 or 6 or nothing; we cannot begin, begin to do anything at any point whether we do it by negotiation or we do it by tak- ing with appraisals and nobody here can tell us what these appraisals are because we don't have them. We can't guess them. That's (1). (2) There's no question that what the voters vote for we cannot deal in anything but on appraisals, our.appraisals legally. We're bound by that procedurely. I don't care whether he's got /5 or 50 million dollars in the project, that has nothing to do with the way we operate. Now secondly, with regards to Cabot & Cabot's procedures on, in bankruptcy court or whatever it is, whatever court it is that they call it to take the property - the foreclosing court. If they foreclose on the property, if for example this thing fails and they proceed which they're going to proceed to fore- close there's nothing we can do about that. There's nothing that we can do about Burton Goldberg's creditors and the other people that are owed money because if they proceed in the tak- ing one of two things happens. Either Burton Goldberg comes up with $9,600,000, whatever it is that's involved or the other people that come behind that $9,000,000 are out including Burton and including all of the other creditors. Now, that's just a fact of life. I've got nothing to do with it and no- body else here. You have something to do with it and your creditors have something to do with it. So what I'm trying to repeat over and over again is what we put into this thing is really not significant in the long run. All we're really doing is getting approval to spend up to "X" number million of dollars should we find it feasible. Now it might be that Bur- ton Goldberg finds $9,000,000 pays off Cabot & Cabot, pays off his other creditors and he says here's the appraisal, it is worth $18,000,000. He says if you want it give me 18. We say we've only got 12. A11 right, then take it and ta::: me to court and then we're going to be in the same rigamarole we've been with Latin Park, Hall Point and the other ones, you know that we always end up getting into these big litigations, and the one down here at Wainwright Park when we started out with one thing and ended up with another. So please, the fact that we put this on the ballot in Nover (1) doesn't mean that the electors are going to pass it. (2) That if the electorate passes it doesn't mean that we're going to buy it and (3) it 95 OCT 101974 doesn't Mean that the foreclosure procedure doesn't continue and (4) it doeati't Mean that if the foreclosure procedure ie stopped and the creditors are paid that we can successfully negotiate for any amount that we put on a bond. So those are four very important and significant points. This is only one step out of many. Mr, Plummer: Well, what are you suggesting? Mayor Ferre: I'm suggesting that we like all roads, the road to Rome takes one step - let's take one step. That first step in my opinion, and I happen to concur the practical dictates would demand that we up this to $12,000,000 from a practical point of view and let the people of Miami decide what they will on this thing. If they accept it fine. That is just one step. That doesn't mean that we're going to go out and spend that money. As a matter of fact, we've got $80,000,000 or 50 or $60,000,000 of bond issues that we haven't spent yet. If you look at the auditorium mohPy that we've had for 10 years that's you know.... So the fact that we have bond money does not mean that we're going to float the bonds and does not mean that we're going to go out and spend the money. Mr. Plummer: In other words, that was the point I was trying to make before. If we put it on the ballot at $12,000,000 doesn't necessarily mean that's what we're going to spend. Mayor Ferre: No. We might spend less and we might have to spend more and then decide not to do it. Mrs. Gordon: And hope that the people will pass it in there days of economy... Mr. Plummer: One more question, Mr. Mayor, and I'm ready to vote. Mr. Mayor, may we be smarter... Mayor Ferre: Listen, I just want, there are a lot of people in Coconut Grove that have petitioned for this. I think that this is an important piece of property. It seems to me the City would be better off having it. Let the people decide that. It is a major piece of property. It isn't a dinky little piece of property that we're going to spend half a million dollars or a million dollars. This is a major piece of water front realestate. Now, I'm sure that the Audubon Society, that the Miami Herald and the Miami News and everybody else that editorializes in this community is going to take a posit- ion on this and I'm sure we will on this Commission and then finally the electorate will decide. If they decide for it fine. If they decide against it fine. Mr. Goldberg: I, in my position concur, Mayor and all I'm saying is that we would like to get paid for the kind of dough that we put in and it amounts to about.... Mayor Ferre: I'm sorry Burton, that's got nothing to do with it. That's your problem, not the City's problem. Now what you've got into it... I'm just trying to be practical about it and if we put thet kind of a figure it gives us that flex- ibility. I'll put it to you this way. If the people of Miami are going to vote down $10,000,000 they're going to vote down $12,000,000 and if they're going to pass 10 they're going to pass 12. Mr. Goldberg: I agree. 96 OCT 101974 Mayor ?erre: That gives us the flexibility. Mr. Plummer: Would it be sMart to Consider just a question on the ballot; Shall the City acquire Pair Isle for park put - poises or not? Mayor Ferre: What's a straw ballot, we've been through that. Mr. Plummer: Ok, I just asked. All right, look, you want a motion I'll make you a motion. Mr. Andrews: Mr. Mayor, before Commissioner Plummer offers his motion, you tell me if I'ri out of order in asking this. Aside from the bond issue and aside from the money eat the City might or might not spend on this - I have several quest- ions. Is Mr. Goldberg cowing before you and on the record other than the liens against the property, is he the fee simple owner of that property (1). (2) Is he going on record that he as fee simple owner of that property, is he saying at this.tim% and later on the City of Miani may have a decision to make, is he offering that property at approximately $12,000,000 to the. City. Mr. Goldberg: Yes, I am the fee owner and my corporation is and secondly, I want to see Ay people come out whole and it would take, by the time this thing were to close at the first of the year it would take, with the houseboat off, approximately $12,400,000. And yes, I would take that figure. Mr. Plummer: Mr. Goldberg, I think, sir.. Mayor Ferre: You're stating on the record, now that doesn't mean that the City is accepting that but you're stating on the record that should this pass you would accept that and you're not going to get into a position where you're going to say 'Well, my appraisal says 18 and I want 15". Mr. Goldberg: Exactly, I'm going on record saying I want my people, Mr. Arkin, Mr. Sigler the architect and Mr. Bliss the engineer and I could fill up :lei' whole room with a bunch of other businessmen in this community for owed money that I don't want a profit, I just want to come out whole and I want my people to come out whole. And that would take about 12.4. Mr. Plummer: I'm ready to offer a motion, Mr. Goldberg, if you are willing to supply a letter to the City Manager that you are the owner or the'simple fee owner, (1), (2) that you will sell this property up and to January 1, 1975 for a fee not to exceed $12,000,000, I'm ready to offer a motion at this time that we increase the figure on the bond to read "not to exceed $12,000,000" rather than 10. Mr. Goldberg: Well, the problem is that there is interest acruing and the interest that's acrued since August, September 1 will amount to that much money... Mayor Ferre: $12,000,000, that's all he's.... Mr. Goldberg: I understand, but you asked me what I need. In order to come out whole for my people and the lenders and every- one else it's going to take 12.4. And that's what it takes. Would you like to, no one would like to take a beating for $400,000. Mayor Ferre: We don't want anybody to take a beating but that's not our responsibility. . Goldberg: I understand but this is what it would take. to other words, for this thing to close on the bond issue it would take 12.4 for everyone to come olt Whole without any profit. 'You're buying a piece of land that is worth $18,000,000 and we have an appraisal in our hands of $18,000,000 two years ago and that's not done by ourselves, that's done by the Bank of America. Mr. Plummer: Wait a minute, Burton, are you saying - I'm looking at a $200,000 houseboat. Ok? Now are you saying that the interest would bring this as of December 31 to $12,600,000 and you're deducting the 2? Mr. Goldberg: The houseboat, right. Now in other words, it runs a little over $100,000 on $104, 105, $106,000 each month in interest only. That's what the cost is. We don't have to get involved in that but inorder for me; and I will submit to an order. Ok? I'll submit to an order whatever my cost is.. It is a bargain because the appraisal is going to come in at $16,000,000, 18. Mr. Plummer: $106,000 a month? Mr. Goldberg: That's right, sir. Mayor Ferre: You see, the thing is you've got to recognize that this City Commission has a very simple alternate, take this thing off the ballot, let the foreclosure procedure con- tinue and then deal with Cabot and Cabot in six months. Mr. Plummer: Maybe. Mr. Goldberg: Is that morally right? Mayor Ferre: This is not a moral question. Mr. Goldberg: I mean doesn't the City enter into morality? Mayor Ferre: This is not a moral question before the City. The City is only concerned with the taxpayers money, the cit- izens and their rights and property. So we're not here moral- izing. Mr. Plummer: All right. Let one do it this way, Mr. Mayor, since it is going to be a matter if the voters pass it. It doesn't necessarily mean that we're going to spend every dol- lar. Let's increase it to 12.5 and we can argue about it if they pass it. Is that fair? You'd rather not do it that way? Mayor Ferre: INAUDIBLE Mr. Plummer: Well, I concur but I hate to see this go off the ballot. Mayor Ferre: Make your motion. Mr. Plummer: Well I've already made a motion. Mayor Ferre: Is there a second to the motion that this matter be increased to $12,000,000 on the ballot.. Mr. Plummer: Not to exceed. It doesn't mean tiat we're going to spend that money. 98 OCT 101974 4014. i' The foi1oWing Motion was introduced by Mr. Plummer who moved its adoption: MOTION NO, 74-1125 A MOTION or INTENT TO AMEND ORDINANCE NO. 8302 TO INCREASE THE AMOUNT OF BONDS FROM TEN MXI.LION TO TWELVE MILLION DOLLARS (SEE ORDINANCE No. 8315 ) Upon being seconded by Mr. Reboso the motion -as passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mr. Lloyd: Mr. Mayor, if you please, sir. We will have to get out the old ordinance and change the figures on that and have you pass the new ordinance. Mayor Ferre: I understand that. Do we still have time to put this on the ballot? Mr. Lloyd: We have checked that this morning. Now there is, well, I'll discuss that later. We checked that this morning. Mr. Stanley Johnson: My name is Stanley Johnson, I live at 2031 Secoffee Street. I'm here with a request to the Commis- sion concerning the Fair Isle referendum. It is my under- standing that the eity Manager, Mr. Andrews has a tentative proposal from the City Parks and Recreation Department for the development of a tennis complex on Fair Isle in the even the City should acquire it at some future date. I feel it bp valuable information of the voters who are going to vote on this issue in Noverdber to know how the property might be used and to have this information made public. Mayor Ferre: Mr. Andrews, do you follow what he is saying? Who are you here representing, Mr. Johnson? Mr. Johnson: Myself. Mr. Andrews: We're not going to arrive at any conclusions that we're going to be spending potentially up to and not to exceed $12,000,000 on waterfront property to locate tennis courts when they can be located anywhere else. Mayor Ferre: Yes. I don't think we should limit ourselves to it. But let me put it to y.ou at this time. I personally think that those 22 acres should it become public property would be a perfect location for a tennis court complex and green area. Mrs. Gordon: Personally, Maurice, I think that if it should pass then we should hire some real professional consulting firm and let them tell us what to do with it. Mayor Ferre: I agree, I'm just stating that I like that idea that's all. That doesn't mean anything. Mr. Johnson: May I ask what dispostion was made of Mayor Ferre: No, the disposition is that we cannot determination at this point. this? make that Mr. Johnson: Well, could the materials that have been produced by the City Department and turned over to the City Manager be made public? 99 OCT 101974 lio Mayor Fevre: Haft something like that been done? Mr. Andrews: I'M not sure. and secondly, Mr. Mayor, prior to the. people Voting on this the.Commission is going to have to cone to some policy as -.o.the potential use of that property and 1 don't think at this stage that ysu should be making pub- lic whether we're going to be having tennis courts in there or not. Mr. Plummer: Well, I think Mr. Manager at this stage of the game, I think that it should only be known what is the truth, that we want to acquire it for a park for all of the people of all the City of Miami. Mr. Johnson: People want more information than 'that, Mr. Plummer. They want to know what type of park. Mr. Plummer: If you do that, when you put it on the ballot you're not going to please everybody. Some people are going to say I don't play tennis - I'm not going to vote for it. Mr. Johnson: Well you just raised the price 21 million dollars and you're certainly not going to please them with that eigher. Mr. Plummer: No, please. Don't go away from here thinking I raised any price. Did you hear my wording? Not to exceed. Mr. Johnson: I heard the wording. Mr. Plummer: Ok. But I think that it is, we didn't in the bond issue when we passed it.for Parks for People. Mayor Ferre: Yes, that creates a lot of legal problems. Mr. Plummer: You just get into all kinds of problems. 100 3N. MEND SECT1 n t 4,20 & 34,21 OF TIE CITY DE PROVIDING _.FOR. TOE IMPOUNDMENT .. OF VEHICLES An ordinance entitled - AN ORDINANCE AMENDING ARTICLE I::, SECTIONS 34.20 AND 34.21 OF THE CODE OF T!E CITY Ok MIAMI, PROVIDING FOR THE IMPOUNDMENT OF VEHICLES -WHEN AUTHORIZED AND FOR THE NOTICE OF IMPOUNDING; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION: PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING ARTICLE III, SECTIONS 43-20 THROUGH 43-25, OF THE MIAMI CITY CODE IN ORDER TO ALLOW THE CITY OF MIAMI TO ENTER INTO AGREEMENTS WITH PRIVATE TOWING FIRMS FOR THE PURPOSE OF TOWING AND STORING IMPOUNDED VEHICLES; DELETING ALL REFERENCES IN SECTION 43 TO CITY STORAGE GARAGES; REFERRING TO SECTION 34-20 ET SEQ. FOR THE IMPOUNDMENT OF VEHICLES; REPEALING SECTION 43-25; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Mr. Plummer, seconded by Mr. Reboso, and passed on its first reading by title by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mayor Ferre. NOES: None. RATIFY ACTION OF CITY MANAGER IN ENGAGING THE SERVICES OF 39' MjpMT CRANE n u , „ snu APSE pf IAUDQ NTOWN /WILD DINGTHE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1125A A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER IN ENGAGING THE SERVICES OF MIAMI CRANE SERVICE, INC. FOR THE EMERGENCY SITUATION CREATED BY THE COLLAPSE OF A DOWNTOWN BUILDING; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO ALLOCATE THE AMOUNT of $2,913.00 FROM AN APPROPRIATE ACCOUNT TO BE DETERMINED BY THE CITY MANAGER AS FULL AND FINAL PAYMENT TO MIAMI CRANE SERVICE, INC. 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 and Mayor Ferre. NOES: None. 101 OCT 101974 ALLOCATE $21,199,76 PROM POLICE FACILITIES BOND FUNDS AND TO 4Ur PAY CITY APPRAISERS The following resolution was introduced by Mr. Plurntner who rnoVed its adoption: • RESOLUTION NO. 74-1126 A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OP MIAMI TO ALLOCATE $21,199.76 FROM THE POLICE FACILITIES BOND FUNDS AND TO PAY SAID SUM TO THE CITY'S APPRAISERS IN CITY OF MIAMI VS. MARJORIE E. WILSON, CIVIL ACTION NO. 73-788. 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 and Mayor Ferre. NOES: None. AUTHORIZE AGREEMENT WITH BOOZ, ALLEN & HAMILTON, INC. 41. "COMPREHENS, j yF SYSTF.[1 lF PROGRA1 NIANAGEMEJIT TECHNIQUES" The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1127 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH BOOZ, ALLEN & HAMILTON, INCt, A PROFESSIONAL CONSULTING FIRM, FOR THE PURPOSE OF DEVELOPING "COMPREHENSIVE SYSTEM OF PROGRAM MANAGE- MENT TECHNIQUES FOR THE CITY OF MIAMI", FUNDING OF WHICH HAS BEEN PROVIDED THROUGH RESOLUTION NO. 747140„ SAID RESOLUTION ACCEPTED A FEDERAL GRANT UNDER THE 701-COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SAID PROJECT. (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, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 102 OCT 101974 • 42 CO ,IRWOMEN APPOINTING MRS. 'DNA LIGHTS & MRS, DOLLY MC INMYRE As • The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1128 A RESOLUTION APPOINTING MRS. MONA LIGHTE AND MRS. DOLLY McINTYRE AS CO -CHAIRWOMEN OF THE CONSUMERS AND USERS COMMITTEE OF THE "DOWNTOWN MIAMI 1973-1985 URBAN DEVELOP- MENT AND ZONING STUDY." (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, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 43, NAMING- C i TY nF M i AM i ANNETTE _EISEN E RG COMMUNITY BSI ILD I NG The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1129 A RESOLUTION RATIFYING THE ACTION TAKEN AT THE COMMISSION MEETING OF SEPTEMBER 27, 1974 TO NAME THE BUILDING AT THE EDISON TEEN CENTER, "CITY OF MIAMI ANNETTE EISENBERG COMMUNITY BUILDING" AT DEDICATION CEREMONY TO BE HELD OCTOBER 3, 1974. (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, Rev. Gibson and Mayor Ferre. NOES: None. 03 OCT 101974_ AUTHORIZE PERMIT FOR ,AMUSEMENT RIDES AT SHELL CITY PARKING LOT 44, 00 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1130 A RESOLUTION RESCINDING RESOLUTION N0. 74-1095 AND AUTHORIZING THE ISSUANCE OF A PERMIT TO THE JUNIOR NAVAL CADETS OF AMERICA; THE FREE AND ACCEPTED LODGE #96; AND THE NEW LIFE LODGE #504 to HOLD A FUND-RAISING CARNIVAL FROM DECEMBER 5TH THROUGH DECEMBER 8TH, 1974 AT THE SHELL CITY PARKING LOT, N.W. 58TH STREET AND 6TH,COURT, SUBJECT TO CERTAIN TERMS AND COND.TIONS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 45 AWARD BID The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1131 A RESOLUTION ACCEPTING THE BID RECEIVED FROM MIAMI FIRE EQUIPMENT COMPANY FOR SERVICING PORTABLE FIRE EXTINGUISHERS, AS REQUIRED, FOR THE PERIOD OCTOBER 1, 1974 THROUGH SEPTEMBER 30, 1975 AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPART- MENT TO ISSUE PURCHASE ORDERS FOR SAME AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES; Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 104 OCT 101974 • 4E, AID BID oNE,15 Tit A1Jt COND_I T I ONER The following resolution was introduced by Mr. Plummer who moved its adoptions RESOLUTION NO. 74-1132 A RESOLU]IO0 ACCEPTING THE BID RECEIVED FROM BUyAMA AIR CONDITIONING CO., INC. FOR FURNISH- ING ONE (1) 15dTON AIR CONDITIONER FOR USE BY THE DEPARTMENT OF BUILDING AT A COST OF $3,263.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR SAME AFTER FIRST HAVING DETERMINED THAT 1'UNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. ' (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, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 47, AWARD BID lu?CK $ MARINE CONSTRUCTION -BULKHEAD REPAIR WAINWRIGHT PARK The following resolution was introduced by Mr. Plummer who moved its adoption! RESOLUTION NO. 74-1133 A RESOLUTION ACCEPTING THE BID OF DOCK AND MARINE CONSTRUCTION FOR FURNISHING BULKHEAD REPAIR LOCATED AT WAINWRIGHT PARK AT A COST of $2,250.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR SAME. (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, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 105 OCT 101974 • 4 , AWARD. BID MATERIALS POR IRRIGATION SYSTEMS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1134 A RESOLUTION AWARDING BIDS FOR FURNISHING MATERIALS FOR IRRIGATION SYSTEMS FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION TO PENINSULAR SUPPLY COMPANY FOR $15,762.92; HAMILTON TURF IRRIGATION COMPANY FOR $1,328.85; LEHMAN PIPE AND PLUMBING COMPANY FOR $766,60; AND SAFE-T-LAWN CORPORATION'FOR $279.36; AT A TOTAL CbST;OF $18,137.73; PLUS $150.00 FOR ADVERTISING AND ENGINEERING COSTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR SAME: ALLOCATING FUNDS FROM PARKS AND RECREATIONAL FACILITIES BOND FUND 1972. (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, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 11 49, "`" 'ARKS TENNIS COURTS - RESURFACING & REPLACEMENT 1974 The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION' No. 74-1135 A RESOLUTION AWARDING THE BID OF MARKS BROTHERS COMPANY (NOT INC.) IN THE TOTAL AMOUNT OF $20,777.55 FOR PARKS TENNIS COURTS - RESURFACING & REPLACEMENT - 1974, NAMELY ITEM 2 OF PROPOSAL; ALLOCATING THE AMOUNT OF $20,777;55 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST$ ALLOCATING FROM SAID ACCOUNT THE AMOUNT of $2078 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT of $415, TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Mere follows body of resolution, omitted here and on file in the City Clerk's Office.) 106 -UM ' P 1Q74 • upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plutomer, Mr. Reboso, Rim. Gibson and Mayor Ferre. NOES: None. 4 The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1136 A RESOLUTION AWARDING THE BID OF C. A. DAVIS, INC., IN THE AMOUNT OF $85,110 FOR PARKS TENNIS COURTS - RESURFACING & REPLACEMENT - 1974, NAMELY ITEMS 1, 3 AND 4 OF PROPOSAL; ALLOCATING THE AMOUNT OF $85,110 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST: ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $8511. TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1702. TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City !:lerk'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, Rev. Gibson and Mayor Ferre. NOES: None. 50, AWARD BID fBANDF_ BDkL $JAD I Uj1- RSTE{Q011$ JEKODELI KG - 1974 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1137 A RESOLUTION AWARDING THE BID OF BISCAYNE CONSTRUCTION, INC. IN THE AMOUNT OF $368,387 FOR THE ORANGE BOWL STADIUM - RESTROOMS REMODELING - 1974; ALLOCATING THE AMOUNT OF $368,387 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $36,838.70 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $7,367.30 TO COVER SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. OCT 101974 (Here follow8 body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Rebos`o, Rev. Gibson and Mayor Ferre. NOES: None. 1. AWARD BID F»RN ITURE A 1I1 TJIY$ FOR DAY CARE CENTERS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1138 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN AWARDING BIDS FOR THE PURCHASE OF FURNITURE AND TOYS FOR THE MOORE, EATON AND SHENANDOAH PARK DAY CARE CENTERS IN THE TOTAL AMOUNT OF $12,932.91. (Here follows body of resolution, omitted here and on file in the City Clerk's Of:'ice. ) 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 and Mayor ?erre. NOES: None. 52, AUTHORIZE CONTRACT FRATERNAL DRDER OF BIKE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1139 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF. (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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 108 OCT 101974 1 r AUTA0111ZE COirtRACT 53 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1140 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE GENERAL EMPLOYEES ASSOCIATION, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF. (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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 54, AUTHORIZE CONTRACT INTFRNAUQNAL ASSOCIATION )F FIRE FIGHTERS -AFL-CIO L9cAL 587 The following resolution who moved its adoption: was introduced by Mr. Plummer RESOLUTION NO. 74-1141 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL NO. 587, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF. (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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 109 OCT 101974 AUTHORIZE CONTRACT 55, fipNtTATjOK EmPLOYELS 11$$OclitSlo t The following resolution was introduced by Mr. Plummet who moved its adoptions RESOLUTION NO. 74-1142 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE SANITATION EMPLOYEES ASSOCIATION, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF. (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: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 56, AmERILAN FED,EBAT/O4 OF U TEJ OUJJY & MUNICIPAL EMPLOYEES AFL -CIS) DISCUSSION OF NEGOTIATIONS WITH CITY EMPLOYEES LOCAL 654 Mr. Andrews, City Manager: Mr. Mayor and Members of the Commission: The last item (e) which is the last organization to be considered in the arrangement that we provided here, which is the American Federation of State County and Municipal Employees -- Mr. Kaplan I understand that you want to make some remarks, but bear with me while I introduce the subject and then we can carry forward from there. When the employer representatives who sat down to bargain and reach agreement with the representative that I appointed, Mr. Lanken, City Attorney's office who participated, they did not accept the Agreement. They did not ratify the conditions that we had arrived at the bargaining table, and I understand by quite an overwhelming vote. The City, in my judgment, is in this position -- we not only negotiated terms of employment and conditions of work, we also took under negotiations this year two other matters - one was the Pension conditions for the future, and that was done in a consortium of the three - let's identify them as civilian labor organizations, grouping together, and then the Police and Fire in a second grouping. We arrived at agreements there and I would recommend -- in the second area where we arrived, the agreements because the organizations participated in the employee committee, as far as Group Insurance is concerned, and portion of that Group Insurance is reflected in these Agreements. It is my recommendation that at this stage, the City Commission, and then this is what you will be discussing that we put into effect for all of the organizations, the Pension benefits and the Group Hospitalization benefits that we are contemplating. To separate them would be dealing those four organizations that have agreed with the negotiations and have ratified those agreements, and now that 110 CCT1O1974 you are adopting the Resolutions that you have, I am ready to enter into these Agreements; that would place those Agreements in jeopardy, so in those two areas, I'm saying let's move ahead and provide those understandings that were arrived at. Now, I am not prepared in anyway to recommend to the City Commission that any portion of all of those things that we agreed in the balance of the Agreement for A.F.S.C.M.E., and that I'm recommending to the Commission that either they accept in good faith that which their elected representatives agreed to put into effect, or we go to arbitration, and that in the meantime, that all the emoluments that are provided under this Agreement, be withheld -- that means no ten (10) percent - none of the other benefits will accrue to all those people who are signed up members of this Organization, and that we put this on the bargaining table in fairness and in good faith to the other four organizations that participated and on a quite similar basis, accepted what the City was able to do for them. Joe Kaplan, Agent -Representative of AFSCME: I represent the Locals involved in these negotiations. I did not participate in the negotiations myself. I was called in after negotiations had ended and even after the membership had overwhelmingly turned down the contract proposal. At the outset, let me say, that we are not talking about any significant amounts of money that separates the City from the Union. I will repeat that - we are talking in money items for this fiscal year; a one-step increase for some four employees. I will repeat that - the only money items that separate the City from the Union this fiscal year, is a one-step increase for four, approximately four employees. The other difference that exists between the Union and the City involves the length of time that the Contract is to run. The City wants a two-year Contract with the re -opening in the second year. The membership want a one-year contract, and the membership have said O.K. - if the City insists upon a two-year contract, we want one benefit guaranteed for the second year; a single benefit guaranteed for the second year, and a re -opening on just three items - one, wages, which the City has agreed to; two, benefits related to the Group Insurance Program.; and three, benefits related to the Pension Program -- and then the membership went even further and said: "When we reopen the second contract -- the second year of the contract, and we talk about the Health and Welfare Program, we don't want any more money. We simply want to sit down and negotiate how the then appropriated money would be apportioned. No more money -- we don't want it to cost the City a dime the second year. We just want to negotiate some of the aspects of the Pension Program and the Health and Welfare Program. So what are we talking about? We are talking about a group of people who really want a one-year contract with no more money, not a dime, except for four employees, which I will discuss in a moment. And the City says no -- we want a two-year contract, so the people say O.K. -- if you are going to insist on a two-year contract, give us just one benefit and let's talk about the three others. Let's just negotiate three others. Now the one benefit that they want the second year of the contract, which I might point out, started out as two benefits and was reduced to one, is a single additional holiday in the second year of the contract - Friday, after Christmas ,1 u. rrhrl mu u0rrrl IYii Y■ r W the second year of the Contract. It started out when the membership turned the contract down - they wanted two contracts, two holidays. They reduced that to just one-- that is all the members want. It is the only thing separating the City from the Union in benefits for the second year of the Contract. It is my understanding, although I wasn't there, that Mr. Lanken has said to the Union: "Well let's not negotiate a holiday increase for the second year of the contract because it is my feeling that the City will give you the Friday after Christmas anyway." Mr. Hagen, the President of the Union, told me that he told Mr. Lanken that you people have a policy that unless it is in the union contract, you are not going to give the holiday benefit, and that is the policy you have put on the records -- the minutes of this City Commission, so that two years from now, when the Friday after Christmas comes up, and if there is any pressure on you to give the employees that Friday as a holiday, and it is not in the Union contract, they won't get it. So the people now, looking ahead for the Friday after Christmas, in the second year of the contract, are asking for that as a holiday. Now what is the benefit for the four employees I talked about which is the only dollar worth expenditure asking of you this year? Apparently during contract negotiations, the City agreed to give a two-step increase as a form of hazard pay to the drivers of chemical trucks. Four other employees got up on the floor of the union meeting and said: "We drive gasoline fuel trucks - there is just as much hazard in driving our trucks, so give us a two-step increase also." That is what the membership is asking for; but when they came back after the membership turned the contract down, the union reduced it to a one-step increase. So we are talking about a one-step increase for four fuel truckdrivers as hazard pay. Now, my commission by my client, is to come to you and to ask you to resolve this apparent deadlock. It is simply not the kind of matter that ought to separate the City and the union. When the union went back to the bargaining table, they reduced two holidays to one; they reduced the two-step increase for four employees to a one-step increase; and they asked them in the reopener when we sit down at the bargaining table for the second year of the contract - O.K., we won't talk about all the other things we are asking about -- we don't want to cost the City any more money,in Pension, Health and Welfare, but pleftse let's talk about it. Let's be able to negotiate. It is no commitment, it:is just a reopener for the purpose of negotiations. and the business of reopening wages -- the City has already agreed to, so we are not apart on that. I would like to answer any questions you have. Mr. Andrews: I would like one of the principals who was involved directly in the negotiations and was my spokesman to Mr. Lanken come forward and give his direct interpretation of what was stated at the bargaining table, and what else is being asked for and the conditions that have been attached to reopening this to new negotiations which I do not want to be a party to. Mrs. Gordon: You mean on principle - is that your point? Mr. Andrews: More than principle - if we were talking about four employees in the City and they had been overlooked, and it made sense that they were entitled to some additional pay, there 112 OCT 101974 would be no question here. If there were one or two more employees that were involved in a hazardous pay situation and they were overlooked, and they were not brought to the table, but they should have been included, we might have in- cluded those even after we got through with the bargaining session, and they said -- look, they came to us and said we made a mistake, they should have been included they are entitled to it, we would have given them consideration: but it goes beyond that. We are talking about we sat from -- Mr. Lanken did, from April all the way through within a few weeks ago, through all these sessions, bargaining in good faith on a two year basis, laying all of these propositions out on a two year contract basis, with a lot of other conditions, and now some of those are going to be set aside, principally for the one year. Now they are insisting for a one year contract; but if we want to continue with the two year contract, they want to bring more things to the bargaining table and add them to the bargaining package. No, I don'•t accept that. And first I would like the Commission to hear the items that we actually are talking. about. Joe Kaplan: We are not accusing the City of unfair bargaining, of not bargaining in good faith. That is not what we are saying. We are just saying that the parties apparently are deadlocked. We are asking you to resolve it. Mr. Joel Lanken: I, on the other side, however, must take the position that the President of Local 654 is indeed guilty of bad faith; is indeed guilty of an unfair labor practice, and I am going to illustrate it here, going to the surface, if it takes an arbitration tribunal to go to, I will do so. We began our negotiations in April loth, wherein the union came in with their demands and there were nine or ten of them. I submitted to manage the demands and we began negotiations. Forty one (41) days later on May 5th, the union made 15 new demands. Now, I was to understand that we had thought we had a good relationship with this union; we wanted to perpetuate it and in that vein, we went ahead and negotiated the additional 15 new demands that came in, as far as I am concerned, as an afterthought. Subsequently, on September 19th, the President of Local 654, stood before this City Commission and said we have settled. Three or four days later, I was advised that there was an overwhelming vote of 400 to approximately 5 or 6 (Hundred)against the contract. Now what the City Commission has to understand here is that those people that are represented by Local 654 are not unlike the people that are represented by the General Employees Association -- same job classifications. Are not unlike the people that are represented by the Sanitation Employees Association - same jobs classifications; but those people happen to reject the contract -- 400 to 5 vote; overwhelmingly against it, while the rest of the civilian union population of employees accepted the contract overwhelmingly. Now subsequently, on October 3rd at 11:15 in the morning, the Business Agent of Local 654, delivers to my office five demands. The first demand says that the membership wants a one year Agreement with all of the benefits in the contract now under consideration. Actually I understood that the two year contract with the cost of living reopener on the second year, was a management prioYity demand from the very beginning. We are not going to move off from that position. All other Labor Agreements holds that particular clause. Secondly, they said if the City rejects the one year contract, then it is the Union's position that they want two more 113 OCT 101974 1 1 holidays in the second year. That is the first time I have seen the demand. The original demand was that they wanted the Friday after Thanksgiving etched into the contract, and they wanted a personal day off. That was conceded to - beginning in the fiscal year October 1, 1974 - the day after Thanksgiving was agreed as a legitimate holiday off, Subsequently, beginning in October of 1975, it was negotiated and agreed between the parties that a personal day off would become effective. It was set aside -- it was effective. I have never seen a demand for two more holidays in the second year of the contract before October 3, 1974 at 11:15 A.M. Secondly, the alternative was that they wanted two step hazardous pay for fuel truck operators. I agree with Mr. Kaplan that it is a negligible figure in terms of economic impact; however, the original demand that the union put on the bargaining table was a two step increase for fuel truck operators and a two-step increase for spray truck operators. The Agreement that was signed by the negotiators was that they would concede the issue of a spray truck operator -- that's it. And the Union inaudible or demandfor fuel truck operators. Another part of the list included inaudible in the second year to negotiate terms and conditions of the Group Insurance Policy, and a reopener for Pension purposes - and wanted a wage increase reopener. We have agreed to a cost of living reopener. The City's position is not that we are going to go back in and restructure pay, wages, pay plans. We have agreed to a cost of living increase -- that's' it. Insofar as the pension reopener is concerned, we went into consolidated bargaining with the non -police and non -fire unions, wherein the G.E.A. and Sanitation workers and A.F.S.C.M.E., sitting as a bargaining team. At no time during those extended negotiations did the Chief Negotiator for AFSCME ever raise the issue that they wanted a reopener for pension purposes -- it never came up. So this is a brand new issue that I have never seen before, except October 3rd. Now the important part of that demand is this - in the negotiated settlements concerning pension issues, we talked the non -police and fire personnel and we are going to segregate and separate their assets and liabilities from the system, and it is going to go into a separate fund. If for example, the City were ever in a position of acquiescence on a reopener for pension purposes,with this local, here's what could occur: AFSCME comes in the second year of the contract and makes a demand that they would like to have more people of AFSCME membership put on the Pension Board. Its non -economic issue, strictly structural, is probably meaningless, they would say; but what would we do? By even by talking to them, or even if went into arbitration and was subsequently ruled in the Union's favor, we would simultaneously violate two collective bargaining agreements - one with the Sanitation workers and one with the G.E.A. I am sure that they would want to address themselves to that if we are still here. So in conclusion, insofar as amplifying what the City Manager just stated, I think that it is incumbent that the option be placed on the Union to either reconsider the ratification of that what was negotiated, as the City at this point time cannot favor those five or six demands that I have just elicited here that was submitted to my office on October 3rd, or the alternative could be as the City Manager indicated, that we go into advisory arbitration as quickly as possible, with the exception of.those issues which have a common 114 OCT 101974 4 4 1 purpose, such as hospitalization benefits and pension benefits. That's all. Mayor Ferret All right. We have five minutes so what is the will of this commission? Mr. PluMmer: The point that he makes is the point that strikes to me at the heart of everything. Maybe Mr. Kaplan ought to speak to it. Is the fact that as part of the other Agreements, if we can agree on what is the other, while he is pushing it down -- that if in fact we were to open up your Contract next year on Pension and on Hospitalization, it could conceivably throw out the other Agreements that we have with the other employees, and that alarms me greatly. I agree that four workers, -- it is a small amount of money to go into arbitration, which cost a hell of amount of money. Well, it is the point - damn it: These things come down'to dollars and cents, but the point that I am trying to make that I can see Mr. Lanken's point very clearly, that if we don't -- what am I saying? We have always been fair to all employees across the board, and the point could be that this whole thing could be thrown out next year and we violate the others. Mr. Kaplan: May I address myself? Number one is for the second year of the contract, the Union is not requesting any more money number one in pension, health and welfare. Number 2 - is that all they are seeking is to negotiate changes in the structure of the two programs. That's it - without it costing the City one dime. Now, in the event the City says "no" next year's negotiations, there are ample procedures under the law for us to go, because the new collective bargaining law goes into effect on January 1, 1975, for us to try to resolve it - mediation, and that sort of a thing; but the final decision still is in the City Manager's hands and in your hands. We're not asking you to commit yourself now to a future program, we're merely saying let us talk about it next year -- that's it. It might be for example that for a year of this Health and Welfare setup, this Pension program, it may be that everyone will want to change it, without it costing you one dime -- that's what I want to stress. The only economic questions that are involved is four employees this year and another holiday next year. Now, I want to respond to what Joel said. Number #1 is: My clients tell me that at the outset, they mentioned the Friday after Christmas to Mr. Lanken. Mr. Lanken said "I had a sneaking suspicion that this Commission is going to grant it," and the retort was: "Well, let's put it in the contract, because if we don't, we won't get it, and the member- ship insisted it being in the Contract, and not simply to wait until Christmas of 1975 comes up before you people grant it, because they are afraid that you will say "if it is not in the contract, you can't get it." I might point out that Christmas falls next year at a time when the Friday will make it simply a long week -end, and that's it. Now, this is the first time that I have been told that Mr. Lanken has done something else 115 OCT 101974 which amazes me. My`clients are seeking a reopener in the second year, which all the other units are going to get. They reopen in the second year for wages. He has just drawn a distinction somehow between a reopener for cost of living increase and a reopener for wages. To me, they are almost interchangeable, because obviously you reopen a discussion of wages in the event that there is a need to reopen it. Now, he is saying, "Oh no, not unless there is a rise in the cost of living, can you reopen it." So that's probably another issue. We want to make it clear that since we haven't got the slightest idea what this world is going to be like economically in the twelve months beginning October 1, 1975, that when we go to the bargaining table -- and remember, it is in your hands in the end anyway -- when we go to the bargaining table and take anotherlook at the wage structure. That's it. Now I thought that was agteed to, and he has drawn some kind of distinction. Mr. Lanken: All you have to do is read the contract, and it says "cost of living only." Mr. Kaplan: My clients run the impression that it was a wage reopener. Mr. Lanken: No sir. Mr. Kaplan: I will bet you that there isn't a unit in this hall - Fire, Police, or what have you, that doesn't believe that the wage reopener is in the second year. Mr. Andrews: Mr. Mayor and members of the Commission and Mr. Lanken, I am going to ask you then from here on, if you will please sit down and I'm going to make one last statement, and this will be my recommendation to the Commission, and then you use that as a guide and come to your own conclusion. You can listen to the other Employer Organizations if you choose, and that is that you look to me to come to you with negotiations hopefully in place, so that the City Administration through the City Manager, can work well with the Employee Organizations; that they are treated fairly; that they have the proper emoluments; proper pay; proper incentive to do the kind. of work that they should do, we think that we went about this fairly constructively, and I think that's demonstrative by the fact that we have four Agreements. They were very difficult - the areas where I expected the greatest difficulty, turned out not to be so, and we reached understanding and arrived at these specific agreements. My recommendation to you is not to take any action today, but to have an understanding among the Commission that after AFSCME has reflected upon what we have to offer them through these Agreements, and the, negotiations that were carried off, that in the next two or three weeks, that if they do not come to a conclusion that they are in a position to ratify this Agreement, that the Commission authorized us to go to Arbitration and reopen all of the issues, including cost of living, and that cost of living be withheld until such time as the arbitration is settled. Mr. Kaplan: Mr. Plummer, may I remind the Commission that what your City Manager is doing, because you have to connect with what he is now saying, with what he recommended. What he is doing is asking you to postpone this, so that members of the union I 116 OCT 101974 kt momilmommimad. I. w w Hi NYI/iM Ili il represent, won't get a wage increase on October 1, despite the fact that .... and thus, let's use some kind of economic blackmail, to force them to accept his terms. It will take months to go to arbitration, and he is saying that despite the fact that this first year of the contract involves only four people, let's have nobody else get a wage increase, which has been agreed to, and which we are not disputing, until we come around to his way of thinking -- that's unfair: Mayor Ferre: Now Joe, excuse ne for interrupting, Paul, the Vice Mayor is about to leave. We need to end the meeting. Mr. Andrews: I finished my statement and unless you have some questions of me, I will be glad to Mr. Plummer: Anyone else over there want to make any statement, because if you don't, I'll go ahead and make one. Mr. Smith : Mr. Mayor, Members of the Commission, Mr. Smith, Vice President, Sanitation Employees.Association: I sat in these negotiations, representing my people on pension benefits, and none of these items which he is talking about now, were brought up to the table. We all agree to the pension benefits, and there was nothing mentioned there of negotiating pension benefits, or talking of pension benefits in the second year. This was not on the table at the time we were talking about it. The G.E.A. Representative was there and there were two members of my association who were there, but none of these things were brought up. We don't want Local 654 reopening and negotiating Pensions for our people in the second year. We feel that we can do that ourselves, and to give them that right would be violating the contract that we have with the City. Mr. Kaplan: We are not asking for a benefit - we are asking to sit down at the table and negotiate the structure. There is no way to change the benefits one bit. Mr. Smith: Even if you negotiate the structure, you are still violating our rights, because we are not there to know what is going on. We have a right say about the structure, the same as the Union do. Mr. Kaplan: Your free to participate in the negotiations. Mr. Smith: But we are not asking for this. We are bargaining in good faith and we stand in good faith, and to go against this, would be violating our part in the contract. Mr. Kaplan: We promise not to in any way violate your rights. We are representing a separate unit of employees - they are a separate group of people for negotiations. That's all we're asking for. My name is Doug - I am the president: You are asking the City to violate their own contract with us for opening their pension. I don't feel that you have a right to talk for the Police or the Fire or anybody. If you want to talk for your people, O.K., but your not going to talk for our people. 117 OCT 101974 Mr. Kaplan: I didn't thin: I was talking for you sir - I don't even know you. I'm not talking for him, I'm talking for the people I represent .. members of AFSCME. These gentlemen are totally different labor organizations - if its a labor organ- ization, Rev. Gibson: Let me ask you something Joe - Did you know that negotiations were going on? Did the union acquaint you with the fact that the negotiations were going on? Mr. Kaplan: Yes sir, I knew that. Rev. Gibson: What I am saying is I understand what is happening - I. think Iido, but it would appear to me Joe that when I go to bat, I take ammunition, and in this instance you are the ammunition. I am surprised that you were not there, nor the firm was not there to give these men an intelligent guidance. This bothers me. Mr. Kaplan: Thank you, Canon► From your mouth to the ears of the President of the Union. I wasn't there because the City didn't have an Attorney there. I don't think Mr. Mintz was there. It was a negotiation Rev. Gibsorgho is the President? Mr. Kaplan: Paul Hagen. Rev. Gibson :Where is he? Mr. Kaplan: I have no idea, but the negotiating committee is here. Rev. Gibson.:Let me ask you for my enlightenment. It would appear to me that ---- "Was the president knowledgeable?" Mr. Kaplan: I think that everybody was knowledgeable. And in good faith, and Mr. LankeWalt n went through the heat of negotiations. - He has characterized Mr. Hagen as having done something wrong. I think he said he committed an unfair labor practice. The last I remember, he was attending the Florida AFL-CIO Convention in Orlando. It was over at 1 o'clock this afternoon. Rev. Gibson What i am disturbed about is this: I am always disturbed at people make representations of -the City, and as you make the representations, I think the people who are responsible -- I hope everybody would remember this - that the people who are responsible, will show up here, so that we will know where to pin responsibility. Understand what I mean. Let me explain. We had a matter that came before the Commission today for rehearing in an apartment house (inaudible) item. It was not a right, it was a privilege, and yet they asked just we gave them a 60 day reprieve - O.K. And then they just decided, well, what the hell, we want it dropped or taken off the agenda. You know, that angered me, and I'm telling you because you will understand what I am thinking. It wasn't their right to have it withdrawn. We. gave them a 60 day reprieve, and either they are going to keep the law or they are not going to keep it, and I think it was Mr. Plummer who made the motion and I seconded 118 OCT 1.01974 it that we are going to woke today that they ain't going to have, now, I would feel much better if Mr. Hagen were here, because just put him up on the r,:cord. O.M. brother, do you want to get on the record. Mr. Kaplan: I told you the negotiating committee is here. Rev. Gibson: A11 right -- let me hear your side. Michael Comiskey, Secretary -Treasurer: Rev. Gibson: Let me ask you one question. I would like to know if you were there throughout this process. Mr. Comiskey: All but the Pension. On all issues other than Pension. I was not present during the pension. Rev. Gibson: You were not. Well, who was? Mr. Comiskey: Walter Hagen Mr. Kaplan: Are you kidding? Pension isn't even an issue here. The fiscal year 1974-5 -- we're not asking you to change a darn thing. Please understand that Canon. We are asking you to give us four people, a one-step increase for this fiscal year. Rev. Gibson: Joe, you just heard the negotiator say that these issues were never raised. Wait a minute -- this is what you told me: "You said I wasn't there." I want you know how careful I was. Mr. Kaplan: I accept what he says. O.K.? I accept what that gentleman says. Rev. Gibson: You were not bargaining in good faith. He said that you brought this in at the last minute after they had done all of these things. Isn't that the substance of what you said? I'm not a lawyer, but I will tell you one thing, I understand what I heard. Mr. Kaplan: I accept that. May I tell you - I accept that. Canon, I accept that. That's not the point. The point is we're asking only to reopen negotiations for next year, not this year, and in addition to that, we're not asking you to give us a single dollar more money. Rev. Gibson: I am not enlightened. I can't see City Manager Andrews: Commissioner Gibson, I will help you and you correct me if my interpretation is wrong. By reopening negotiations next year, you take all the issues that we negotiated this year and they are all open for (interruption by Mr. Kaplan) oh no - that's not true. Mr. Kaplan: Oh no, no, no, no. Let's get it clear. All we are seeking for the second year is (1) reopen for wages, which I understand that they are going to do anyway, although Joel will call it a cost of living increase -- we're calling it a wage increase. That's it -- not for this year, but for next year. 119 OCT 101974 (2) For pension and Health & Weifare program. To make changes in the Administration of it perhaps, or non, -economic issues for the second year. That's it,, and one additional holiday, which is the only thing we're asking you to agree to now. New that could not have been on the bargaining table because it was that which the union membership want. They want to come back to the bargaining table next year and negotiate these items. That's it, but I will call your attention to the fact that the alternative which is being pushed by your City Manager is that we go to Arbitration - number (1). Number (2) is that these people not get the wage increase which everybody has agreed to, which I submit to you as a form of'economic blackmail. Andrews: We haven't agreed to the wage term. Mr. Kaplan: We've agreed to the wages except for four people. That's the most glaring example of economic blackmail I have ever seen. Congratulations gentlemen; Mr. Frank Williams: I was in with Walter and I concur with what (inaudible) --- President of G.E.A. There was Walter, Smithy and his buddy and Hagen and I on Pension. One of the philosophies that came out of this thing was that we weren't going to change one thing at age 50 because it would mess things up, and there was no talk of any restructuring. This thing is going to take six months, and then we are going to need a year's experience to see what's going on, then we were going to come back. All of us agreed that if we could afford it, we would come back with our hats on our heads and we would talk to the Commission and say now this is what we can afford, so Pension items -- there was no talk about bringing pe:ision items back. During my negotiation with Mr. Lanken, I did bring up the idea -- if the $350,000. is in our contract for the City's part of the hospitalization, which was a higher estimate, that maybe we would like to have the opportunity of maybe taking this money and applying it to the Retirees' increase contributions, and we have a verbal agreement that this could be done through the City's.pension committee, which Mr. Lanken and Mr. Hagen are representatives of. I am a representative of, also the Manager's committee. Those two things were discussed. That doesn't seem to make a big problem. They have already admitted that the four men that drive the fuel trucks are going to get it. Mr. Lanken said it -- so that's it. So what are we talking about? We are really talking about is that I can't sit down and rest for a year and reorganize my organization into something that it was or wasn't. I've got to come back and I've got to compete with your organization and a new State law, that I've got to go in contest with you. When we go into an election and that's what it means. Your going to break my contract -- I can't rest and reorganize my organization, and when it gets into January 1st the new State Law, then we are adversaries, because I can't let my people in the same shop as your people. I have to compete with you people. Mr. Kaplan: May I respond please? I have recommended to the Business Agent of the Local, in the absence of Mr. Hagen, I have recommended that since we honestly and sincerely believe that when you go to the bargaining table, there is no commitment. The process of collective bargaining is a two-way street. All we ask you to do is to allow us to talk about it. I have recommended 12U IJ 1 T 101974 to my clients that because of the uncertainty in the minds of at least some of the Commissioners about our good faith, and with an abundant desire to show our good faith, I will recommend to my clients, subject to the membership approval of the union, I will recommend to my clients that (1) is that we don't reopen the contract the next year to alter the pension and health, unless all the Unions agree to do it. (2) is that you give us the second year holiday the Friday after Thanks- giving. After Christmas in 1975 -- that's the second fiscal year. (3) If you give us these four people who drive the fuel trucks, and also that you change this cost of living nonsense to a wage reopener the second year -- that's what you do. Mr. Andrews you always reopen for wages. How in the world do we know what will happen in the second year? I begged you to give us a wage reopener and not some cockamamie cost of living reopener. I never even heard of that. I have been a Labor lawyer for 20 years and I never heard of the term -- a cost of living reopener; It's a contradiction in terms. You've never heard of it -- its not part of the parlance in labor relations; a cost of living reopener - it doesn't mean anything -- a wage reopener means something. I suggest this to show that we are not here to try to hurt anybody else, or trying to depart from good faith bargaining; but this is really the unanimous decis;.on of the people who ask for a third compromise. There are 360( employees and unless I am mistaken, there are 400 employees in this Union, and let's exclude about 500 who are non -union and fillys, so that leaves about 2500 to 2700 employees who understand the terminology of cost of living and wages and classifications, and really I think we are spinning our wheels here so to speak and going over areas that we all understand in terms of cost of living and wages, and maybe we need some definitions would you define that for me please? Mr. Andrews: The cost of living reopener means that if the cost of living index rises or falls, that the employees are willing to accept certain increases, based on negotiations those increases, or decreasing, if it goes down, and it may very well go down. Now wages has to do - and it is more closely associated in the City jargon, and there are definitions for this within the City, more closely related to classification and pay, and pay for the particular classification. There is a distinction between the two. Mr. Kaplan: I hope everybody understood that because I don't. He says that if the cost of living goes up or down, you reopen wages. That's somehow different than reopening wages. O.K., I am willing to say that if the cost of living index goes up or down, we'll reopen wages. I'll accept his language, but if the wage reopener, I am willing to say exactly what he said - if the cost of living goes up or down, we'll reopen wages - O.K.? Is that satisfactory? Mr. Andrews: Mr. Mayor and Members of the Commission, Mr. Kaplan is creating confusion here now, I can assure you of that and I'll be glad to meet with him separately and educate him so to speak on the City's understanding of these terms which we have used in these agreements, and this interpretation is brand new to me. I don't understand it -- it would be another reason that I think that we should move ahead and the Commission make a decision. 121 OCT 101974 Mr.Kaplan: Move ahead artd deny the employees we represent that the wage increase Lhat has been agreed to, so that w# can go back and cool our heels for three weeks and make a decision to agree with him. Now we have departed from the wishes of the membership of three different levels. I ask you now, please to give us this very last and very bottom request of the people - a very simple request - (1) First give us a one year contract. If you don't want zo do that, we'll depart from that -- give us a two year contract; but all we ask for is three things -- (1) another holiday in 1975 -- (2) increases for' four people, and (3) a wage reopener if the cost of living goes up or down. That's all I ask for. Mayor Ferre: The only thing that I see -- I see the problem is that of equity. It wasn't part of the package in the beginning, and all these other guys agreed --these other groups, or something, that all of a sudden now that we agree to this opener without getting everybody that upset. Mr. Kaplan: Sir,.I have a note that was passed to me. in April when the union brought in their demands. They explained to.' Mr. Lanken. that. these were not all of them. Mr. Lariken said that when they were formulated, they were to send them to him. They did send Mr. Lanken the demands of the Union, which were orally discussed. We are not bypassing the bargaining table. We are now down to three issues which are almost insignificant. Mr. Ferre: I understand Joe. I'll tell you what -let's get (interruption by Mr. Kaplan) Mr. Kaplan: Mr. Mayor, may I have one minute? mayor Ferre: I'll recognize you, and then I wart Mr•. Hintze to give us some advice here because I want to see if we can break through and come to some solution. Go ahead: William Smith: Part of AFSCME members are members of my association and they all agreed and accepted my contract. It seems strange to me that they would accept mine and then go across the street and turn down the other one. It just don't make sense. Mr. Kaplan: What is that supposed to mean? Are you fellows really fighting against another holiday in 1975? Mayor Ferre: He means it for everybody. He wants it to be fair. Nr. Kaplan: We would be happy for the City. to give you the same holiday. Mayor Ferre: But it is not "cjving to work that way with five unions, because what you get, they are not necesoarily going to get. Mr. Kaplan: But we want them to get it too, hut we can't _:pea;; for them. We can only speak for the people we represent. Let 122 OCT 101974 them get up and say we want the holiday too. Mayor Ferre: Let's hear from Mr. Mintze. Mr. Mintze: My good friend, Mr. Kaplan yields the mike. MayorFerre: For a little while anyway. Mr. Mintze: Mr. Mayor, Members of the Commission, my name is Herbert Mintze, Law Firm of Muller & Mintze, and our law firm was retained by this Commission some months ago to give what- ever advice and guidance they could in the area of labor law. Now, unlike Mr. Kaplan, I,aiso was not at the bargaining table; however, in the past few weeks or short of that actually, I have been in touch with M. Lanken. He has made me generally aware of this problem with AFSCME. He has recited to me certain facts concerning the way AFSCME demands were put piecemeal on the bargaining table, rather than all at once. Now, one might wonder about a couple of things. Let me chronologically bring up first an action of this Commission which I guess goes back more than a year ago. I have the impression that it was the desire of this Commission not to be confronted with this kind of decisional problem which is being presented to you today; therefore, you did some year or more ago pass a Resolution saying that in the event the City cannot negotiate settlements with its various Union groups, that those disputes would go to Advisory Arbitration. Am I incorrect in that statement? Mr. Plummer: Because I think you'll find the Resolution very clearly stated that if the City could not negotiate the contracts by the 1st of August, that they would have been brought up to this table and we would negotiate. There was nothing there about sending it to Binding Arbitration. Mr. Mintze: No, I didn't say "Binding" -- this is Advisory. Mr. Plummer: Mr. Lanken -- where is Joel? Mr. Lanken, do you recall Sir, that you were put under a mandate of this Commission that if you could not negotiate the contract, I believe by the 1st of August, that it was to come up to this Commission. Mr. Lanken: Yes sir, that was subsequently relieved doe to the fact that the pension negotiations were (interrupted by Mr. Plummer) Mr. Plummer: Exactly. That there was nothing that said that if they didn't come up by the 1st of August, that they would go to Arbitration. Mr. Lanken: ¶I ey just said that the parties would attempt to negotiate at a settlement, if possible, by August 1. Mr. Plummer: And if not Mr. Lanken: It didn't continue. 123 OCT 101974 Mr. Plummer: But it would come before this Commission. Mr. Mintze: Wait just.. a minute. Mr. Plummer: It is all very simple. I said if you all can't do it by August 1, we'll do it. Mr. Andrews: Wait just a minute though. But you have on the record a policy of this Commission that you have not changed, that says that we cannot negotiate, we go to Advisory Arbitration. Mayor Ferre: If the Unions can't agree with the city, there is no alternative but Advisory Arbitration. Mr. Mintze: Mr. Plummer, I am generally aware of the Resolution you are referring to. I am referring to a different Resolution that was passed a year or two prior to that time, and the essence of that Resolution says that the provisions of the Fire Fighters statute providing for Advisory Arbitration of impasse disputes, will be extended to all other employee bargaining units. Now that was about two years ago in a Resolution to this Commission. That I think you will find when we could not settle with the Firefighters. We did in fact -- we the Commission could not settle, and it went to Arbitration. Excuse me - what I said was the benefits of the Firefighters -- this has nothing to do with the Firefighters. The Resolution says that the Advisory Arbitration procedures of the Firefighters statute will be extended to all other employee bargaining units. Mr. Plummer: If we could not negotiate it here. Mr. Mintze: Well Commissioner, that was' Resolution 72500 and I think it was passed in 1972, and what it said was that any impasses that flow from the collective bargaining process, would then go into Advisory Arbitration. That was very short and they are looking for it now. So the point was brought to my attention by Mr. Lanken that we now have this problem with AFSCME. They have rejected this collective bargaining proposal, even though Mr. Hagen did stand before this Commission on a certain date and indicated that the matter had been negotiated and settled. Now the point is that where the Agreement has been settled, and where the negotiators - ostensibly in good faith, reach agreement with management, and then one wonders what is behind the scenes activity may have gone on, which causes a membership vote to reject the negotiated contract by a vote of 400 to 5 . Where those same terms of employment for over 3000 or 2500 other employees, those contracts were voted and approved. Now we don't know what provoked that rejection. We suspect that the union leadership may have recommended to the membership that they reject the contract. If that be true, why would they do that? I suggest that there is something going on in this room which may or may not be apparent to you. To anybody who is experienced with Labor Relations, it is very apparent. We are here engaged 124 OCT 101974 soonellell111111101111101111111M11111iiiiIiiilialliii1111 in what is called "one•-epsmanship" in a jurisdictional dispute bhtween the labor organizations. Now if you are going to allow a little fringe benefih for a fuel truck driver, that it should Cause a rejection of a contract? That's absurd- they just want to talk a year from now about other problems. What is the real motivation? I suggest to you as I see the situation, AFSCME is looking to get something more -- anything, something more, than was given to the G.E.A., their competing organization. Why? So as to win members into AFSCME. That's what this is all about. Now, the question is - how do we get out of this problem? I suggested in conversation with City representatives different alternatives. One alternative might be -- one thing that should not occur by all means. To give them everything that they negotiated plus Advisory Arbitration; that would be an absurdity. On the other hand, give them everything they negotiated and no arbitration, or if they don't like what they negotiated, don't give it to them, and give them arbitration. Now that lateral alternative was the recommendation of your City Manager. They don't like the contract, well, don't giveit to them and we'll arbitrate the merits of what should be the terms, or in the opinion of an Advisory Arbitration panel, what should be the terms of some future contract of employment; but in the interim, they rejected the deal, so they won't get it, except that in the area of coordinated bargaining, those terms such as pension, whereby the nature of the subject matter cuts across the board, those subjects would have to go into effect. Now, I think this commission would make -- would engage in a very dangerous precedent which will haunt them every time new collective bargaining contracts are negotiated, if they are in the present posture of this situation, going to allow them- selves to be the subjects of "one-upsmanship" - and the "one- upsmanship" will cost you in the long run much money. This is just the start of the technique, and the question is whether your procedure will encourage repetition of this technique. I would strongly recommend that you follow the recommendation of Mr. Andrews, which I believe has been reduced to a proposed resolution which has not come before this Commission, and it is not my place to introduce it, but I think it outlines in more detail the proposal and recommendation of the City Manager. (2 resolutions) Mayor Ferre: Mr. Plummer - Mr. Williams wants to be heard. Mr. Mintze: Mr. Mayor, may I just clarify a point and interrupt you please. Resolution 72-500 reads: A Resolution declaring the policy of the City Commission that the City Administration follow a practice of negotiation and advisory arbitration in its dealings with all City Employer Organizations. Mayor Ferre: Make it a synopsis history because we have some other items to take care of. At 6:30 we got to be at a function, (inaudible) Mr. Plummer: Mel Reese was opposed bitterly to advisory arbitration - violently opposed to it. What we told when we 125 OCT 101974 r io.rwiW-wmryIMIII passed that Resolution was that the Firefighters that we couldn't at that year meet on common ground, yet the policy of this Commission is - if you can't meet in collective bargaining, and you can't meet on common ground at this Commission, we the Commission have no objection to going to Advisory Arbitration. Now, Mr. Mayor, I am finished with my history lessons. I am ready to proffer what J.L. Plummer maybe thinks may work. Mayor Ferre: I am ready to listen to what J.L. Plummer thinks may work. Mr. Plummer: Frank go ahead. Mr. Williams: Well, after that resolution was formed, my organization signed two contracts which they -- when you read impasse, and this is obviously what they were, it goes to Advisory Arbitration, and then it comes to you gentlemen and ladies, and I think we've got the cart before the horse. Mr. Plummer: I'll tell you what Frank - when I saw the cost of Advisory Arbitration beby, I wanted it to come here first, and then if we couldn't settle, it, then we had to spend the $10,000, because we had to settle it finally anyhow. That was my remark. Mr. Williams: It does look like a couple of jobd and a holiday, and that's all it is. Mr. Plummer: Well, maybe this won't make everyone happy, but let me try this one on for size. I haven't seen -- my decisions are final baby --- Rev. Gibson: That's what you tell everybody - when you get through there ain't no more. Mr. Plummer: Mr. Kaplan, I have to tell you that I have never seen good faith put forth by the City as I saw this year exer- cised by Mr. Lanken and Mr. Alvarez of the City's side. Now the point that bothere me very badly is this: We did here, Mr. Hagan, make statements in front of this Commission that he had, whatever terminology was used, that he had agreed to what the City had put forth and that he would take it back as each other member said for rctification. Now, I have within the last three years become a true believer in collective bargain- ing across the table contrary to my opinions three years pre- vious. I still believe in that system. I just checked with Mr. Lanken and he tells me that the new issues as he refers to as new issues or issues other than what supposedly Mr. Hagan had agreed to were brought to his attention after the ratifi- cation of the membership. Mr. Kaplan: That is not my information. Mr. Plummer: Well, I'm having to go on what I have to go on, Ok? That the vote taken by your members was previous to Octo- ber 3 and that the letter which was delivered to him was dated October 3. 121; OCT 101974 410 410 Mr. Maplant sir, may t interrupt? I drafted that when I got back frau a trip that I had taken. The union had come to me and said these are the ideuea. It was not created on October 3 it was drafted on October 3. Mr. Plummer: Ok, but he didn't get it until October 3. Mr. Kaplan: No, but it had been on the bargaining table earlier. Mr. Plummner: Ok. Here is what I want to propose, Mr. Mayor, to try it on for size that we send them back to the bargain- ing table which I think worked very well, for possible settle- ment at the bargaining table and to alleviate the fears of Mr. Kaplan we will not hold financial blackmail over your head because it is within the purview of this Commission to make any salary adjustment retroactive. But to give the fullest intent, the fullest exploring that you can do to try to come across the table and to bargain and if you can reach an agreement that it is still within the purview of this Com- mission to make the salary retroactive back to October 1. Mr. Kaplan: Mr. Plummer, I appreciate that. There is only one thing. After I drafted that very short synopsis of what separated the parties I said to Mr. Hagan exactly the same thing you said, "Will you get back to the bargaining table?" and they did contact Joel arid they did go back to the bar- gaining table last week. They reached a deadlock. Mr. Plummer: Even today you have conceded more than what they have had the opportunity to bargain across the table with. Correct? Mr. Kaplan: Sir, the point is that the City has taken the position apparently from the advice of the outside attorney, Mr. Mintz that this is some kind of trick that the union is playing on the City and you're going to suffer from this be- cause you're involved in a jurisdictional suit which is out and out utter nonsense. But my point is that's what they think, therefore, they're standing pat even if it means 5 cents. Mr. Andrews: Mr. Mayor, a point of clarification. Am I to understand that during this negotiation process which will transcend the pay period with the signing of these agreements and assuming that the appropriations ordinance is adopted today, this evening and will become effective retroactive everyone who has entered into these agreements will receive the cost of living increase.but this organization will not until we complete our negotiations. Mr. Kaplan: You see what that does! Mr. Plummer: That's what I said. What I'm saying is that the other four unions get it retroactive tonight back to October 1. If two weeks from today you are able to negotiate we can make yours retroactive back to October first. Mr. Kaplan: Mr. Plummer, that doesn't solve anything. We'd rather go to arbitration and spend the City's ten thousand bucks which is the most nonsensical thing I've ever seen. That's nonsensical. That's what they want us to do. That's exactly what they want us to do. I'm here to try to no spend the money and they're talking about us spending ten thousand bucks. 127 NIT 1019744 . . ' Mr. Pluaer: I thought your concern was that you would be cut out of a month's pay. Mr. Kaplan: Sir, no, I'm only responding. I have to take these issues one at a time and what they do is, you see, the administration pours things over you like they're not just interested now in as Mr. Mintz said avoiding involving your- selves in a jurisdictional dispute which is the first time I ever heard that in a public.hearing but now they're talking about something else. Now they're talking for' the first time I've ever heard it that you people send us either to arbitrat- ion or to the bargaining tale with no wage increase. Man, you want to participate in a picking and choosing of which union is going to live from now on you're going to destroy this labor organization. Everyone of their member!: is going to say all I've got to do is quit this union, form the other union and I get my 10K increase. Boy, that's the most, that's like hanging these people from the courthouse square. That's ridiculous!. These people will be destroyed and that's exactly what they want to do. I can't believe it that I'm hearing it. We didn't hear this once during negotiations. I'm suggest- ing to you only one thing that you please accept the fact that the people voted and despite the fact that Mr. Mintz wasn't at the meeting, wasn't at the negotiating committee it is here speculated that some kind of Macabellian plot devel- oping here.... I ask you please to accept the fact that your employees who we represent have asked you for something which is so modest that you could give it to us and save everybody an awfully lot of money. If you wish to give this to every- body else like the Friday after Christmas next year, do it. Mrs. Gordon: Do me a favor and repeat what you want. Mr. Kaplan: (1) We will accept the two year contract. That's the City's absolute demand although the people only want the one year contract. (2) Give us the Friday after Christmas next year. Mrs. Gordon: What's different than what you've got? Don't tell me what you've already got. Mr. Kaplan: No, this is it, a two year contract. Mrs. Gordon: But you've already got that. Mr. Kaplan: Yes, ma'am. All right, we've got that. The Friday after Christmas for next year. That is one item, Friday after Christmas next year. (2) The wage increase for four employees who drive the fuel trucks. It is a one step increase. (3) That the language of the re -opener clause be as Mr. Andrews said it that the wages be re -opened next year in the event the cost of living index goes up or down Mr. Andrews: Cost of living only Mr. Kaplan: I don't know what that means. Mrs. Gordon: That's a play on words, Mr. Andrews, honest to God. Mr. Andrews: It is not a play on words. I don't know what he means by wages and look, we struggled for months coming to an understanding as to language. Mrs. Gordon: I know, I don't want to disrupt your apple cart but I still say it is a play on words. 128 OCT 10197i Mr. l ndrews Well, it `try be a play on words but he,.... MM. Gordon: Cost of living up or down or wages, it's the same thing. Mr. Andrews: If the cost of living goes up he's going to have a wage Rev, Gibson: No, let me see if I can understand it. Maurice, you're involved in this kind of thing, but I thought cost of living is one thing and wage increase is another. Mayor Ferre: Right. Mr. Kaplan: I wish I knew what that meant but I'm willing to do this Rev. Gibson: Ok, Joe, let ne tell you this. If you're get- ting $50 a day now; let me see if I can illustrate. If we're paying $50 a day in 1974 and 1975 comes what we're saying is that we have negotiated the wage from '74 and '75 - that's• what we're saying. In addition to that we're saying that, as I understand it, in addition to that we're saying that if the cost of living is increased you will still get $50 a day in '74, $50 a day in '75 and if it is a 10% increase in cost of living on top of the $50 there's a 1O%Now Joe, I ain't no labor lawyer but I think one thing Mr. Kaplan: Cannon Gibson, you're doing a fine job. Rev. Gibson: I thought I was. Mr. Kaplan: Yes, sir, but you see as I understand it there has been no wages negotiated for the year 75-76. Is that right Gene? There have been no wages negotiated for the year 75-76. All we're asking is to re -open negotiations next year. Rev. Gibson: Ok, you may win me if I could get this answer. See those two men over there; no, don't look back there, that man right there. You're with the firefighters, aren't you? And you're with the Police? Isn't that right? Ok. Let me make sure and ask you. Come to the table so I can be intel- ligent. I want you to educate me, please. My understanding, the three of you because I see you down here always asking us - and I'm glad we don't have any problem with you all this year. You've really got me on your side. Listen to this: Right now, what we are, as I understand, the rate of pay if it's $50 a day that you're getting this year you will get next year. Isn't that right? Is that what pay means to you that means to me? Ok. In addition to that if the index goes up that the cost of living is 5% what I understand is that we will then have to give you in addition to the $50 a day now next year - 5%. Isn't that right? UNIDENTIFIED SPEAKER: It would be negotiable at that time. Rev. Gibson: Yes. I mean... Let's say we will negotiate what the cost of living is. If it is a 5% increase we will have to negotiate whether we will come to a term of 3% of that 5 or 4% of that 5. Isn't that the way it is? Joe, all I'm saying is Mr. Kaplan: We're not in any disagreement. 129 Mr. Plunger: Wait t► Mims+ e, you're overlooking one thing. What hone if the cost of living goes down? Mr. Kaplan: You negotiate that too. Mr. Plummmer: Where did those three go to? ReV. Gibson: But let me say this gentlemen, 1 can promise you this: The cost of living isn't going down. Mrs. Gordon: I can second his motion on that onel Rev. Gibson: I can promise you that. Mr. Kaplan: Cannon, I think that I only have you one quest- ion to ask and we would both be on the same plane. You said that if the cost of living goes up the parties will negotiate how much the wages are going to get. Just one last question. Whatever you negotiate you negotiate as a percentage, a per- centage increase of what? Of wages, of course. Mrs. Gordon: Yes, of course. Mr. Kaplan: That's what I'm asking, a wage re -opener Mr. Plummer: Joe, let me tell you where you're wrong. You know where this City Commission got itself in trouble one year? We didn't negotiate wages we negotiated an increase and we put it towards pension and when we got hit with the Yaeger Plan they said "Oh look at these wages" and we kept saying well how about the 596 we put towards the Pension Plan? "Well, that's not included." Mr. Kaplan: Well, it's not. We're only asking for a wage re - opener. Mr. Andrews: Mr. Mayor and members of the Commission. T'll tell you what you're doing. Let me tell you what you're doing to the City. You're sitting here and you're doing that which you asked me to do - you're negotiating labor contracts. Mayor Ferre: That's right. Mr. Andrews: And you're getting yourselves deeper and deeper into trouble and the City into trouble. Let me finish, please. These other employee organizations that we have dealt with in good faith and come to understanding, if you start doing this there is no point in sending me to the bargaining table with my representatives to go into labor negotiations. I won't be able to do it and I wouldn't expect them to do it. I'll have to tell them come before the Commission if we can't settle anything. Mr. Kaplan: May I point out to you people that the collective Bargaining Act which goes into affect next year which binds you gives you the ultimate authority to make this very thing that Mr. Andrews says you ought not to do. The State law im- poses the burden on you. You have in years past taken a policy decision that if we can't get together on You will re- solve this. Rev. Gibson: Joe, let me ask you this. Would you want, since he did it for us and he told us, would you want us to take his advice? 130 OCT lot,. 01/ - Mr. Kaplan: course not. Why would I ant you to take his aclviCe? You sent him to the bargaining table, not him but you sent his associates to the bargaining table and we've deadlocked. But remember something. The people I represent are your employees and he's your employee too. The people who you employed to do this have failed to reach an agreement. We're asking -you to resolve this deadlock. By the way, I might point out there is nothing wrong with other groups com- ing before you too. Mr. Andrews: Mr. Mayor, one last statement and I wol.'t say anymore. When you get through with the negotiation process under the City Manager and his representative, rather than go through this, and that is why I'm recommending that if we can't settle this let's go to arbitration. That is the only fair thing to do in relation to all of the agreements that w we've settled. And if you go through advisory arbitration then let the advisors come to you and carry out this discus- sion. It won't be Mr. Kaplan and it won't be me. I will re- main silent and you will be getting your advices from an in- dependent board that has gone over all of this and if they want to go that far I'm recommending to you that we go to advisory arbitration. Mr. Kaplan: Why there should be any dispute when I have ac- cepted Mr. Andrews own definition of the re -opener. I will take any language that he agrees that he wants to put in the contract providintg it meets Cannon Gibson's understanding of what we're talking about. Rev. Gibson: Mr. Andrews, let us, since Joe, we're playing on words; you're saying, give me your terminology, the one that I heard you say. What was that terminology? Mr. Andrews: In reference to what subject? Rev. Gibson: That wage business. Mr. Kaplan: The re -opener, what is going to happen next year. Mr. Andrews: I'm saying that these contracts for two years provide after the first year of operation of that contract that we sit down with the City employees and renegotiate a cost of living if there is one to negotiate. In other words if the cost of living has gone up we're coming back after the first year. These agreements provide for that. Rev. Gibson: Joe, I always say I'm the compromiser but lis- ten to this. If you have, you know I always say four monkeys can't be wrong. Do you understand Mr. Kaplan: I'll take the language of the firemen's contract. How is that? Whatever language appears in the firefighter's contract we'll take. Ok? Won't that resolve it? Whatever language appears in the firefighter's contract I'll take. Rev. Gibson: Do you all have, are you re -opening, is tha. what you're doing? Mr. Kaplan: On the re -opener. Rev. Gibson: Mr. Andrews, are about the other commissioners, right to re -negotiate and they you telling me, I don't know that the other unions have the don't have the right? 131 OCT 101974 111 Mr. Andrews: Oh no. ,sir. They have the right. /hats in- cluded in their agreement but Mr. Kaplan: We'11 take Whatever language the firefighters... Mrs. Gordon: Is the wording the same in both, Mr. Andrews? Mr. Kaplan is indicating there is softie differential in the wording of the two contracts. Mr. Kaplan: No, I don't know what they've got. Mrs. Gordon: I know you don't but you said there might be.... Mr. Kaplan: Whatever they've got, if it is the same as we got we'll take it. Mrs. Gordon: All right. Does he have the same thing? Mr. Andrews: Yes. If he says that there is a differential and he doesn't know what is in their contract Mr. Kaplan: I didn't say there is a differential. I said that I trust that the firefighters went to the bargaining table and got the best possible deal for their people. Mrs. Gordon: Ok. Then it should be easily resolved. Can you straighten this out in a week or so? INAUDIBLE Mr. Kaplan: I have not seen it, sir. I do not know. Mr. Andrews: Then you'd better look at it then. Mr. Kaplan: But I'm willing to accept it blind. We'll accept it. Mr. Andrews: You mean to tell me that you're here and you haven't looked at this contract? Mr. Kaplan: I have not seen the firefighter's contract. I have seen the AFSCME contract. I have not seen the fire- fighter's contract. Mr. Mintz: Members of the Commission, I'm wondering which one, on which side of the argument is buying the pig in the poke. One side or the other is and I don't think either side is that stupid. Now, I mean reference was made earlier to what the new law is going to require. The new law is going to require that the Commission make the final decision but there is a procedure, a judicious type procedure, the opposite of what is going on here now, with all due respect. The new statute will require, and you will not be subjected to this in the future if we follow this statute and of course we will have to. It will require that in the event the parties can not negotiate their differences the matter in dispute will go to advisory arbitration then to the extent that either side does not accept the advisory award each side, the union and the City Manager's Office will make respective recommendations to the City Commission who will then at a public hearing ren- der a decision. It lays out a judicious type of proceding where you know what you're dealing with in writing you know the issues, you know the recommendations. But this business, I'm really astounded when anybody would propose I'll take somebody's language at sight unseen and the Commission might even give it serious thought. 132 OCT 10 1914 Mr. Kaplan: May I interrupt? It is the same language. accept it. Rev. Gibsont Alright, then let's vote to follow the Manager's recommendation. I move. Mr. Kaplan: Excuse me, Cannon, I had made a request for only two other benefits, the Friday' after Christmas and pay for people. Mr. Andrews: That is a hundred thousand dollars. The Friday after Christmas Mr. Kaplan: Do you realize what I've done? I've come to you now and I have reduced the demand down and down and down and Mt. Andrews hasn't made one step forward. Down and down and down. Mr. Plummer: INAUDIBLE Mr. Andrews: The only part of the recommendation I will ac- cept for any employees that we over looked that have a right to receive extra pay for hazardous duty Mayor Ferre: The public portion of this meeting is now over and we will now accept motions on the part of the members of the Commission after an hour and forty-five minutes of discus- sion. Now who wants to be recognized Mrs. Gordon: I just want to talk. I'm not going to make a motion now. I think J.L. wanted to make anotion or did make a motion. But would you repeat what it was you wanted to make before, J.L., about an hour or two ago? Mr. Plummer: No. Mrs. Gordon: Ok, then let me express my point of view and.. I honestly don't want to overrule what the manager wants us to do which is hold to a principle but I think the principle we're trying to hold to is insignificant by comparison to what the whole discussion is all about. How many people here want to work the day after C-tristmans. That's exactly what I think he's talking about and I don't think there's a member of any union... You want to work the day after Christmas? UNIDENTIFIED SPEAKER: I do too, I like to. Mr. Plummer: Anything else, Mrs. Gordon? Mrs. Gordon: I quit. INAUDIBLE Mrs. Gordon: Mr. Andrews, could you straighten this thing out in about a week and a half for our next meeting? Mr. Andrews: I will try. Mr. Kaplan: These people, this is absolutely ridiculous. I've never heard people say they don't want another holiday. How about Fire and Police, do you want Mr. Andrews: Well, they're concerned about the City going broke too, you know. They're employees of the City and they're worried a little bit about where the tax dollars are coming from. 133 OCT 101974 Mr. Kaplan:T at i's hiaterical. I've never heard an employees organization say that.' How about Fire and Police, do you want the Friday after Thanksgiving? Shall we take a vote of the employees of the City? That's nonsense. That's why we're asking you to consider only our request. In all probability you'd give the benefit anyway but we're asking you to put it in the contract. Mr. Kaplan: Mr. Mayor, may I in Yes, sir. It was my was going to suggest that the people getting their one step Christmas as a holiday? make a comment that in the, that understanding that Mr. Andrews Commission agreed to the four increase and the Friday after Mr. Andrews: No, sir. Just a minute now. Excuse me but I, Mr. Kaplan, in all due respect I don't want you to take the leadership in this. This is something for the Commission that they have to consider and I'm not even recommending this to them. Mayor Ferre: What it is is that the City Commission could do this as a policy matter. He's talking about the Friday after Christmas. Mr. Andrews: Yes, sir. Mayor Ferre: Mr. Andrews: Mayor Ferre: matter and it would not a part. Mr. Andrews: Then that excludes that from a condition in this agreement. That's all you're talking about. That's all I'm talking about. And that's something that we can do as a policy Mr. Kaplan: Well, except for one thing. You have a pre- existing policy condition that unless it's in a collective bargaining agreement you won't give us any holidays. Now you want to stop that you'll be negotiat.ng for two years holidays. We asked you to put it in our contract. Mayor Ferre: Now the answer to that is that it is not legally so, what you're saying. We can grant that. The simple answer to all this is that we grant it. Mr. Kaplan: But we're the ones coming in and asking for it to be in the contract. Mrs. Gordon: They didn't want it. Mr. Andrews: They want to take credit for it. You can do that. It is your priviledge. Mayor Ferre: We can do that sitting as a Commission and make a declaration of that period and that solves the problem and that solves the Manager's problem and gets you what you want unless you have other intentions in trying to get it in another way. What you're trying to do is get the holiday. Right? Mr. Kaplan: Yes, sir. Mayor Ferre: You don't care how you get it. Right? 134 OCT 101974 • Mr. Kaplan: That's a*actly tight. We don't care how we get it except that what we ask you to do in view of stye past di•' fibulties in gettinc# the holiday, as I understand it, Mayor; now 1 wait advised that in another instance a holiday cane up and you Were the one Who said unless it is in the cc►ntract and had been negotiated it won't be given. Yes, sir. Mayor Ferret That must have been back in 68 or 69. You have a good Memory, Joe. Mr. Kaplan: No, that's when? When you gave the day after Thanksgiving. Rev. Gibson: If the Mayor Says we'll do it, we'll do it. Mr. Kaplan: Ok, can I.. Then what is left, as I understand it; can I have the resolution now so that we won't even have to negotiate it? Mayor Ferre: Do we have to do that ncw? Mr. Kaplan: Well goodness gracious, this is a benefit which we're asking for. You said you're going to give it to us but you don't want to give it to us now. Mayor Ferre: Right. Mr. Kaplan: Please give it to us now. No, it is the Friday after Christmas, J.L. Mr. Plummer: up the spirit say to us, we and we agree. I'll tell you what, go back to the table, put of negotiation and come back on the 17th and agree. We say down, we ironed out the problems It is over. Mr. Kaplan: We have agreed now, as I understand it. As I understand it the Commission believes that it is the intent- ion of the Commission to give us the day after Christmas in 1975. Give it to us. Mr. Plummer: INAUDIBLE Mrs. Gordon: That's true, he called me at home on a week end to tell me that he was so excited. Mr. Plummer- I said two years ago Joe when you came to me and you told me it was one of the smartest moves I ever made that we had to have a full time negotiator. This City had grown up. We can no longer operate like a jake leg. Now all I'm saying to you is.... Mr. Kaplan: Like a what? Mr. Plummer: Jake leg, you never heard of a jake leg? Mrs. Gordon: I don't know what that is. Mr. Plummer: All I'm saying to you is the true spirit of negotiations is to sit across the table. Go back with Mr. Lanken, go back with the Manager and see if you can iron it out. You have conceded a great amount today. This is the spirit of negotiation. Mr. Kaplan: I ain't heard him concede anything. 135 OCT 101974 111 Mr, pluer: He ain't going to negotiate out in the open and I don't blame him, What's not his point to do that, Joe. Mr, Kaplan: Alright, we'll go back to the bargaining table if that's what you want us to do, J.L.. But can I ask you a question? Is it the consensus of the Commission that the Friday after Christmas in 1975 should go into the contract? Mr. Plummer: Hey, look don't ask me that. Look at my history of my voting record. Does that tell you all you need to know? Mr. Kaplan: Is it the consensus of the Commission that the four people who haul around gasoline should get a one step... Mr. Plummer: Well, Joe, you're asking me to brow beat the man. Ok? The man has always in my estimation been fair. Now this is the point of negotiation. Rev. Gibson: You're ahead of the game, man. Mr. Kaplan: You told me that two years ago and I lost. Mr. Plummer: I didn't tell you that. Rev. Gibson: Joe, the crystal ball tells me you're ahead of the game, that you have moved closer to what you want than you were .... Mr. Kaplan: One last point. Can we get, please this economic blackmail removed from this baloney, that the wages that have been agreed to will go into affect for my clients so that you're not going to Mr. Andrews: No, I'm not going to agree to that. Mr. Kaplan: Doesn't this man believe in anything? Except unless we agree with him? Mayor Ferre: INAUDIBLE Mr. Kaplan: Hey, I didn't talk to you. Do you want me to talk to you? I'll talk to you. As far as I'm concerned the agreement that was reached Mr. Andrews: I'm willing to go back and negotiate, Mr. Mayor and sit down with them as much as I think that I am Mrs. Gordon: Can you come back by the 17th? Mr. Andrews: I want to qualify that. As much as I think that I'm doing a disservice to the rest of the organizations I'm willing to sit down with them. But I don't think you should move one bit from your position and my recommendation that all those who have agreed to get the 10% cost of living increase, those who have not reached agreement, they will not get it until we do reach agreement and then it can be retro- active. Mr. Kaplan: Excuse me, that's not their position. That is your position, Mr. Andrews. Mr. Andrews: That is my recommendation to them. Mr. Kaplan: Cannon Gibson, I'll go back to the bargaining table because I'think you've expressed what your feelings are 136 OCT 101974 s but please doin ' t impose upon us the burden of these people working aide by side with other woirkets who will get the 1O% in the nett pay period. But they're not going to get it? Pev. Gibson: But Joe, :that's a part of the getable you take. Now look, I don't think: you can eat your cake and have it too. Mt. Mayor, I'm a patient man, you know, but Joe, either we're going to decide it Mr. Kaplan: I said we were ready to decide it, Cannon. I said we were ready to decide it. Do you want me to give in? Shall I just say ok, we'll give up everything? Rev. Gibson: Joe, do you want us to decide that thing this evening? Mr. Kaplan: I asked you to. Rev. Gibson: Let me tell you this Joe, I want to tell you what I hear. Now I don't think you read this Commission. You had better go back to that table otherwise man, if you call that vote this evening you're going to be in trouble. Mr. Kaplan: Cannon Gibson, I'll tell you what I'm going to do. I'm perfectly willing to go back to the bargaining table as you've suggested we do because you think that we'll be ahead of the ball game by going back to the bargaining table. But all I'm asking you to do is to treat us fairly with what he calls a cost of living increase. Don't force my clients back to the bargaining table when we're here asking you to give us something and then when we go back to the offices and the plants tomorrow our people are not going to be getting the same money that everyone else is getting. Rev. Gibson: Joe, but they didn't vote like the other people. Mr. Kaplan: Sir, we're only talking about 1975. We're not talking about this fiscal year. The funny thing about it is that this union seeking a wage the Friday after Christmas for 1975, if we get it will be benefitting everybody else. But you want them now to suffer a loss of the 10% cost of living increase. Cannon, that's not fair. That's not Christian. Rev. Gibson: Joe, if you say to me that you want me to treat you fair; listen to this, Joe. The other people have voted. You didn't vote. You voted against. Now I'm going to give you an opportunity, we the Commission is going to give you an opportunity. Mr. Kaplan: You want the other people to make a vote as to whether they're willing tohave the Friday after Christmas? What do you think they'll do? Do you think they'll follow the recommendations of two people who say they don't want it? Rev. Gibson: Joe, I want to say to you right now what I always say about us who are always debating up here. You know what I always say? There is only one way to resolve the issue. Do you know what that one way is? I think we've been patient and understanding and that one way is to call for the vote. Mr. Kaplan: Call for the vote, Cannon. There is nothing I can do about it. I'm asking for you to do me a favor. Rev. Gibson: All right, Joe. I move. Now Joe, I hate to do this to you 137 OCT 101974 Mr. Xapian: Then don' do it. Rev. Gibsot%: You'd Mr. Kaplan: I don't know what you're talking about Cannon, you're going to slice this union in half? Rev. Gibson: I move.... Ok, wait. Mr. Mayor, we're in executive session now. That cuts you off. Ok, Mr. Mayor, 1 move that we send this matter back with the Manager and the parties involved to talk about it, come to an agreement if they will and bring it back to us on the 17th. Is that the date, the 17th? Ok. That's the motion. Mrs. Gordon: There's one thing I want to get a clarification on. I'm not ready to second it either. I just want to know for clarification what it means. Does it mean that they're going to loose salary? Rev. Gibson: Rose, let me say what my understanding is. If they agree, if they can come to an agreement and don't have to go to arbitration they won't loose anything. Mr. Kaplan: But we have come to an agreement, Cannon. Rev. Gibson: Joe, this is an executive session. Now the Mayor isn't saying but I think that we ought to make a decis- ion. I made a motion and either we want to talk to the motion; if I don't get a second it dies. Mr. Plummer: I second the motion. Mrs. Gordon: Does the motion include that they don't loose any salary by it? INAUDIBLE Mrs. Gordon: Oh, well you didn't say it now. said it now and it's in the motion. Rev. Gibson: That's a part of the motion. Now you've The following motion was introduced by Reverend Gibson who moved its adoption: MOTION NO. 74-1143 A MOTION TO REFER HACK TO THE CITY MANAGER FOR FURTHER DISCUSSION A PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI AND CITY EMPLOYEES LOCAL 654, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO, AND REPORT BACK TO THE COMMISSION ON OCTOBER 17TH; RECOGNIZING THAT THE CITY COMMISSION RESERVES THE RIGHT TO MAKE ANY SALARY IN- CREASE RETROACTIVE. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Reboso. 410 511 REQUEST PERMISSION TO DISTRIBUTE MATERIALS AT ORANGE B('IL FAsnatuunitiEs Mayor perre: We have before us Mr. John De Rose of Eastern Airlines. Mr. De Rose, I apologize for having kept you here for two hours but this is a very very important matter. Mr. John De Roses Thank you very much, Mr. Mayor. My name is John De Rose and I'm an employee of Eastern Airlines. I've coarse here with a very brief promotional request in i much lighter vein. It is tied in with a forthcoming football game in the Orange Bowl between the Miami Dolphins and the Kansas City Chiefs. As you know, the game cal be nationally televised over NBC beginning at 4:00 P.M. Mayor Ferre: They're going to pass out handkerchiefs. Let's get right to the point because we're very late now. Mr. De Rose: We understand that we have to come here to the Commission to request your approval for distributing white handkerchiefs at this game. Mayor Ferre: White handkerchiefs with Eastern Airline's emblem on them. Mr. De Rose: With a "Do it again Dolphins" and an Eastern on the handkerchief, that's correct. They'll be passed out through the services of the Boys Clubs of Miami and Mayor Ferre: Excuse me, Mr. De Rose. Do you agree with this or not? You're against it? Mr. Andrews: Yes, sir. It is a form of advertisement that we're trying to shy away from. We're in process right now of negotiating contracts from one million four hundred to three and a half million dollars for the scoreboard that heavily involves advertising inside the Orange Bowl and we've got to show and demonstrate here that we're sound in our principals as far as Mayor Ferre: You've got problems, Mr. De Rose. Mr. Plummer: Mr. De Rose, let me tell ycu something INAUDIBLE Mr. De Rose: Yes, they're not completely made but we've already started production on them. Mrs. Gordon: They've already got it on them. Mr. De Rose: And then will we be permitted to distribute these as they come through the turnstiles free? Mrs. Gordon: I don't see what harm there would be. Mayor Ferre: As long as it doesn't say Eastern Airlines. The harm that it would do is that if it says Eastern Airlines it weakens our position for bargaining for advertising. Mrs. Gordon: They could twist the hankies like an airplane... Mayor Ferre: Now as long as it doesn't say Eastern Airlines then you can work it out. Mr. Manager, do we need a resolution? 13:1 OCT 101974 Mr. Lloyd: Adopt a Motion. Mayor Ferret There is a motion that they be allowed to pass White handkerchiefs wi shout Eastern's logogre . The following motion was introduced by Mr. Plummer who moved its adoption:' MOTION NO. 74-1144 A. MOTION GRANTING PERMISSION TO EASTERN AIR LINES TO DISTRIBUTE WHITE HANDKERCHIEFS AT ORANGE BOWL STADIUM GAMES, PROVIDED NO ADVER- TISING IS CONTAINED THEREON. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ALLOCATE $1A500,000 AWARD BID AWARD To ADH CORPORATION 58. MIAMI MODERN PQLICE HE,ADRUARTER� PARKING STRUCTURE ADDED Mr. Andrews: Mr. Mayor and members of the Commission, I am very pleased to tell you that we have received most favor- able bids on the police station building, so favorable that I requested Mr. Pancoast to make an analysis of these bids with this in mind: You'll remember and I think we have a drawing here that Mr. Pancoast can hold up that we were pro- posing to build the station and develop also the site on which the station sets including lanlscaping and then the area in green that you see and the are,L to the bottom of the cireen area that's marked in parking spaces, point to it please, those two areas are included in a site bid item to get that developed for parking in conjunction with the whole project. When Mr. Pancoast was before you he said it would have been far more desirable to get started on the garage if we had the money, on the parking garage which is the area in red rather than put surface parking over an entire block. But we didn't have the money. Mayor Ferre: You do now, don't you? Mr. Andrews: We sure do. These bids came in about $1,400,000 less than we anticipated. Mayor Ferre: Yes, but that doesn't include the garage does it? Mr. Andrews: No, the bids don't but they came in $1,400,000 less than we anticipated for everything. Mrs. Gordon: How much is the bid for the station? Mayor Ferre: $6,220,000. Mrs. Gordon: And you anticipated seven? Mr. Lester Pancoast: Seven -eight, we anticipated. Mrs. Gordon: Congratulations. Mr. Pancoast: Well, it really isn't congratulations. 1. 0 OCT 101974 Major Perm Nov, you Missed the ball the other way. Mr. Pancoaat: ices, I 'think it isn't brillance or lack of it. #t id CirCUMstafteas Mrs. Gordon: 1 realise the economy is so bad they're willing to work at a smaller profit. Mr. Pancoast: The fact that the bids were close is brillance but the fact that the bids are under is circumstance. Mrs. Gordon: That's what I mean. For once we're benefitting from something. Mr. Andrews: Yes, absolutely. Mr. Pancoast: For the first time in a long time. Mr. Andrews: The green area, the site development, and I'm going to give you round figures and we can refine them a lit- tle bit later. The green area, landscaping and site work for the parking area in round figures, $350,000 on this bid. When you add that to the difference in the reduction of the bid we now have about $1,750,000. Now that begins to approach the exact cost of constructing the garage and I would like the Commission, and I've had the City Attorney prepare at my re- quest, the award of this bid in a way that will construct the entire building, the service station facility. It will not include the site development on that area. We'll pick that up in another way and we would eliminate the wash rack that was included in this. Or can it be relocated? Mr. Pancoast: It won't be relocated but it's too close to the new.... • Mr. Andrews: A11 right. So we would not include that at this time and we'd go ahead immediately with the building and the service station and commission Mr. Pancoast to immed- iately start the design of the garage portion and get that under way and we would have a rather complete project all in one block except for the visitor parking, no, we're going to include the visitor parking. The visitor parking would be included under another contract when we get ready to award it or negotiate the contract. Mrs. Gordon: I like it very much because we're going to get advantages in both areas, the garage construction probably will be less maybe than it would be some other point in time so I think we'd better grab the opportunity. I'd move that. Mr. Plummer: INAUDIBLE.. I have no objection to that ex- cept you know we had one hell of a hassle here at this Commis- sion when we selected the architect to do the police building. Now are we not giving enough thought, are we going back out on bidding again for an architect for the parking structure or is it included in his scope? Mr. Andrews: He would do it. We would have to pay him the additional money to design the part. It is not included in his basic fees.... Mr. Plummer: A11 right. But his scope was broad enough from the inception that he could be. Mr. Andrews; Yes. mom- 141 O OT 101974 Mr. plaiSRi#rt how, J.1►. always *areal.* about dollars. What is that atruoture going to Cot? Mr* pano+yast: Well, we, still have some of out conservative Carry over bait I think we should hold onto it until we're sure otherwise. have a low bid here. We don't have enough low bids to make a trim so I'm not talking from a trim. I am say- ing that it appears that the dollars saved on the bid plus that which will be reduced on the new bidding equaled the cost and today's cost as near as we can determine what they are of the new parking garage. Mr. Plunger: Including your fee? Mr. Pancoast: No, we think that our under optimism on the garage will take care of the fees but we really don't know. Our figures aren't ...(INTERRUPTED). Mr. Plummer: a million and a half dollars saved that you can put this structure up for nothing or within the seven -seven? Mr. Pancoast: We believe so, yes. Mr. Andrews: But it is really about one million seven hun- dred fifty thousand dollars, is the difference. Mayor Ferre: How many units will that have? Mr. Pancoast: Three hundred and fifty cars. Mrs. Gordon: How many are in that garage that the'Junior col- lege just got? Does anybody know that? Mr. Pancoast: I don't know the number. Mrs. Gordon: Do you know that, Mr. Andrews? Mr. Pancoast: But that was bid, of course, some year and a half ago. Mrs. Gordon: I know but I'm iiterested in comparing fize of structure. Mr. Pancoast: I am too, I just don't know the numbers. Mrs. Gordon: Do you know, Mr. Andrews? Mr. Andrews: No, I don't. I'm sorry to say I don't. Mrs. Gordon: All right but I'll move this anyway, I think this is a great idea. Mr. Andrews: There's two resolutions here and you want to pass one which is allocating the funds. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1145 A RESOLUTION ALLOCATING $1,500,000 FROM THE POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS AND PROGRAMMING $4,156,379 FROM THE RESERVE ESTABLISHED BY RESOLUTION 142 NO. 74.978 SUPPL MENTXN EXISTING FUNDS IN THE POLICE HEADQUARTERS AND CRIME PREVENT/ON BOND PUND POR THE .WARDING 0P A CONTRACT FOR THE CONSTRUCTION OP THE MIAMI MODERN POLICE HEADQUARTERS BUILDING. (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 Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Mrs. Gordon: We don't have a prepared resolution on the garage, Mr. Andrews, but we do have another resolution here awarding the bid. Shall we read that one? Thereupon Mrs. Gordon read the resolution by title. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1146 A RESOLUTION AWARDING THE BID RECEIVED OCTOBER 7, 1974, OF ADH, INC. IN THE ESTIMATED AMOUNT OF $5,518,600 FOR THE MIAMI MODERN POLICE HEAD- QUARTERS - 1974 FOR ITEMS 1 AND 2 OF THE BASE BID AND ADDITIVE ALTERNATE ITEMS 1, 2, 3, 4, 6 AND 7 OF BASE BID NUMBER ONE; PROGRAMMING THE AMOUNT OF $5,518,600 FROM THE ACCOUNT ENTITLED POLICE HEADQUARTERS AND CRIME PREVENTION BOND FUND AND RESERVE FUND ESTABLISHED BY RESOLUTION NO. 74-978 TO COVER THE ESTIMATED CONTRACT COST; PROGRAMMING FROM SAID ACCOUNT THE ADDITIO..IAL AMOUNT OF $55,000 TO COVER THE COST OF INCI- DENTAL EXPENSE; PROGRAMMING THE ADDITIONAL AMOUNT OF $82,779 FROM SAID ACCOUNT TO COVER THE COST OF ART IN PUBLIC BUILDINGS REQUIRE- MENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordonaand Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ON ROLL CALL: Mr. Plummer: Let me say in voting that I feel very com- fortable with this building now coming in at approximately $45 a square foot as opposed to the figure that we originally looked at and with that comfortable feeling I will vote yes. Mayor Ferre: I'm glad to say on the record that I've always felt comfortable and I vote yes. 14j OCT 101974 Thereupon the following motion wa 4 introduced by Mrs. Gordon whoMoved its adoption: MOTION NO. 74-1147 A MOTION TO ALLOCATE FUNDS REMAINING IN THE ACCOUNT FOR CONSTRUCTION OF THE MIAMI MODERN POLICE HEADQUARTERS IN EXCESS OF THE LOW BID ON THIS PROJECT, TOGETHER WITH FUNDS ALLOCATED FOR SITE IMPROVEMENT OF THIS FACILITY, TOTAL- ING APPROXIMATELY ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS, FOR THE CONSTRUCTION OF A PARKING STRUCTURE ON THE SITE, AND REQUEST- ING LESTER C. PANCOAST, ARCHITECT, TO DESIGN A STRUCTURE WHICH WILL FIT WITHIN THAT BUDGET. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mayor Ferre and Mr. Plummer. NOES: None. ABSENT: Mr. Reboso. AUTHORIZE NEGOTIATIONS WITH OMNI INTERNATIONAL CORPORATION 59, STORM SEWERS AND PUBLIC UTILITIES IN CONNECTION WITH THE PLAZA. VEJ' E.TI A DVELQPi4 tT.. Mr. Andrews: Mr. Mayor, I would like you and the City Com- mission to consider adopting a motion at this stage and I'll explain what it is. Plaza Venetia, we have been working with the state and the developers as far as the right-of-way im- provements. There will be approximately $800,000 worth of improvements in the rights -of -way as a result of this project. The state will be constructing right-of-way improvements in an amount of about $500,000 from state funds. Mayor Ferre: Who is going to pay the $800,000? Mr. Andrews: I'm just telling you. $500,000 will be state funds. They will provide improvements. The developers will provide $265,000 for the improvements that are required. The City, of the $800,000 will assume $35,000. Now all we want at this stage is a motion to negotiate this all out and get it to an understanding with the state and with Plaza Venetia, bring it back to the City Commission for your approval. Mayor Ferre: Have they agreed to do that? UNIDENTIFIED SPEAKER: Yes, sir. Mayor Ferre: Have they agreed reluctantly or happily? UNIDENTIFIED SPEAKER: Reluctantly. Mayor Ferre: Let me tell you the and this is something that I think we're going to be hearing further from and I just want to give you a little advance notice. I thought it was more than that because I heard that it was $700,000. UNIDENTIFIED SPEAKER: It is, Mr. Mayor. What we're talking about now is the storm sewer portion. There are two projects. One is the reconstruction of the street and the other is the utilities. Right now the only portion Mayor Ferre: They're going to come up before this Commission and they're going to show you some pictures, drawings and some 144 OCT 101974 things and "they're going to say 'here's one way to go And here's another way to go", you know because you've been through it before. Mrs. Gordon: Who is going :o do that, Maurice? Mayor Ferret Omni, the people from Atlanta. Mr. Andrews: Omni International. Mayor Ferret They're going to come down here and they're going to say you guys are forcingts to do something that hasn't been done before; the Four Ambassadors or somebody, we didn't make them do it and you're making us do it. We'll do it but here's what you get but if we don't have to do it here's what you get and there's going to be a big big differ- ence. We'll cross that bridge when we get to it. UNIDENTIFIED SPEAKER: Mr. Mayor, this is like any other neg- otiation but I wish the City would keep in the back of their minds when this happens how much free land International City Corporation will be getting from the City. Mayor Ferre: Ok. I'll go with it for now. Mr. Southern: Mr. Mayor, I don't have that motion. Could you clarify it for me? Mayor Ferre: Yes. The motion, I think... Where is this? Is it in writing? Well, I'll repeat it. Here is what he is saying. He wants a motion so that the Commission will give the administration the ability to negotiate with the state and with Omni Corporation so that we will hopefully get $5000 from the state and 265 from Omni and the City will put up 35 so that we can get the storm sewers and utilities under way. That just gives them the right to go bargain. Mr. Andrews: And we'll come back to you with the final agree- ments with a full explanation so you'll know what you're fin- ally authorizing me to enter into as far as an agreement is concerned. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-1148 A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE STATE OF FLORIDA AND WITH OMNI INTERNATIONAL CORPORATION IN ORDER TO ENABLE THE CITY OF MIAMI TO OB- TAIN FUNDS FROM SAID ORGANIZATIONS FOR STORM SEWERS AND PUBLIC UTILITIES IN CONNECTION WITH THE PLAZA VENETIA DEVEL- OPMENT. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Reboso. 145 OCT 101974 600 REPEAL ORDNANCE 8302-WHICH PROVIDED FOR THE ISSUANCE OF AAAA $1U,000,000 PUBLIC ISLAND PARK AND RECREATIONAL FACILITIES BONDS FAIR ISLE ACQUISITION An ordinance entitled: AN ORDINANCE REPEALING ORDINANCE NO. 8302 PASSED AND ADOPTED BY THE COMMISSION OF THE CITY OF MIAMI ON THE 25TH DAY OF SEPTEMBER, 1974, PROVIDING FOR THE ISSUANCE OF AN AMOUNT NOT EXCEEDING $10,000,000 OF BONDS FOR PUBLIC I,3LAND PARK AND RECREATIONAL FACILITIES 10R THE PURPOSE OF ACQUIRING, CONSTRUCTING AND DEVELOPING A PUBLIC ISLAND PARK AND RECREATIONAL FACILITY; PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS PASSAGE AND DISPENSING WITH THE REQUIREMENT OF READING THIS ORDIN- ANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. was introduced by Mr. Plummer and seconded by Rev. Gibson for adoption as an emergency measure and dispensing withthe re- quirement of reading same on two separate days, which was agreed to by the following vote -AYES: Mrs. Gordon, Mr. Plummer Rev. Gibson,and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Whereupon the Commission, on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8314. 61. NEW REVISED ORDINANCE- PROVIDING FOR THE ISSUANCE OF $12,000,000 PUBLIC ISLAND PARK AND RECREATIONAL FACILITIES BONDS FOR FAIR ISLE ACQUISITjQN An ordinance entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN AMOUNT NOT EXCEEDINT $12,000,000.00 OF PUBLIC ISLAND PARK AND RECREATIONAL FACILITY BONDS OF THE CITY OF MIAMI FOR THE PURPOSE OF PAY- ING THE COST OF ACQUIRING, CONSTRUCTING AND DEVELOPING A PUBLIC ISLAND PARK AND RECREAT- IONAL FACILITY IN THE CITY OF MIA1;PROVIDING FOR BONDS OF $5,000, EACH BEARING INTEREST NOT EXCEEDING 7 ,,6 PER ANNUM; PROVIDING FOR A SPECIAL TAX; PROVIDTNG FOR SUBMISSION TO E--EC .^'ORS AT THE NOVEMBER 5, 1974 ELECTION; REQUESTING TO BE PLACED ON THE BALLOT BY SUPERVISOR OF ELECTIONS; PROVIDING FOR NOTICE BY PUBLICATION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS PASSAGE AND DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. 146 was introduced Mr. Plummer and seconded by Rev. Gibson for adoption as an emergency measure and dispensing with the re- quirement of reading sere on two separate days, which was agreed to by the following vote -AYES: Mr. Plummer, Mrs. Gordon, Rev, Gibson and Mayor Forre. NOES: None. ABSENT: Mr. Reboso. Whereupon the Comrr'.ision, on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote- AYES: Mr, Plummer, Rev, Gibson, Mrs. Gordon and Mayor Ferre. NOES: None, ABSENT: Mr. Reboso. SAID ORDINANCE WAS DESIGNATE") ORDINANCE NO. 8315. 0 DECLARING INTENT OIL=THE CITY COMMISSION DADE COUNTY TRANSPORTATION IMPROVEMENT PROGRAM The following resolution was introduced by Mr.'. Gordon who moved its adoption: RESOLUTION NO. 74-1149 os A RESOLUTION DECLARING THE INTENT OF THE MIAMI CITY COMMISSION IN RELATION TO THE DADE COUNTY TRANSPORTATION IMPROVEMENT PROGRAM. (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: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1150 A RESOLUTION DECLARING THE INTENT OF THE MIAMI CITY COMMISSION IN RELATION TOM DADE COUNTY TRANSPORATION IMPROVEMENT PROGRAM. (Here follows body of resolution, omitted here and on file in theCity Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 63. ALLOCATE $10,000 FOR UPDATE OF APPRAISAL IN CONNECTION WITH ACQUISITION OF CERTAIN PROPERTIES FOR LATIN RIVERFRONT PARK Mrs. Gordon: Who is the appraiser? Who is doing it? Mr. Lloyd: The appraisers are Leonard Biz and Delahante. Mrs. Gordon: Delahante? Are they M.A.I.? Mr. Lloyd: Yes, ma'am. Mrs. Gordon: Does that sum pay for two separate appraisals? k Mr. Lloyd: It pays for an updating of his appraisal by Leonard Biz and an appraisal by Howard Delahante. Mxs. Gordon: How much was the appraisal of the first one? Mr. Lloyd: I do not have that figure. The first one was by 148 OCT 10 1974 411P Leq gnard flit. 1 d6 not remeMber. I think it was in the Mature of MOO. 09000. Mra. Gordon: MO. I'm not talking about the coat of his fee. I'm talking about his appraisal for the property. You don't remember? INAUDIBLE Mayor Ferre: Wait. What property was the appraisal for? Mr. Lloyd: No, we're talking about the Latin Riverfront Park. Mrs. Gordon: That's what I'm talking about. That's why I didn't understand 37 parcels. Mr. Lloyd: No. This resolution is the resolution..,.... Mrs. Gordon: I know what the resolution is but I'm asking a point of information. I want to know a little bit about what I'm doing. Mayor Ferre: I don't understand, what property is this that we're appraising? Mrs. Gordon: This is the riverfront property and we're allo- cating $10,000 for appraisals, I asked who the appraisers were and I've been told. Ok. Now I know one is doing an update and the other is doing a whole total new appraisal and the sum of ten thousand will take care of both fees. Ok. Mayor Ferre: All right. Who made the motion? Anybody want to make the motion? Rose, you want to make the motion? Mrs. Gordon: I'm sure that Mr. Plummer made it and he resents it when someone takes his motions. So Mr. Plummer, your mot- ion is in order, I think. Mr. Plummer: I'll move it. Mayor Ferre: You know, I want: to make just a little brief caustic remark here that it really doesn't matter who moves or seconds things. If you vote for it it is really all the same on the record. Mrs. Gordon: I know but you've heard comments. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1151 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA ALLOCATING A SUM NOT TO EX- CEED $10,000 FROM THE 1972 PARK AND RECREATION- AL FACILITIES BOND FUNDS FOR THE UP -DATING OF APPRAISALS IN CONNECTION WITH THE ACQUIS- ITION OF CERTAIN PROPERTIES FOR THE LATIN RIVERFRONT PARK AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO PAY THE NECESSARY AMOUNTS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) 149 Upon bei -' eeeonded by Rev. Gibson the resolution was pawed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor: Ferre. NOES: None. ABSENT: Mr. Rebbeo. 64. CHANGE DATES OF 4 CITY COMMISSION MEETINGS DURING flECNOVEMMM:EM$Eg 1194 The following resolution was introduced by Rev. Gibson whomoved its adoption: RESOLUTION NO. 74-1152 A RESOLUTION CHANGING THE DATE OF THE FIRST REGULARLY SCHEDULED CITY COMMISSION MEETING TO BE HELD IN NOVEMBER FROM NOVEMBER 14, 1974 TO NOVEMBER 7, 1974. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1153 A RESOLUTION CHANGING THE DATE OF THE SECOND REGULARLY SCHEDULED CITY COM- MISSION MEETING TO BE HELD IN NOVEMBER FROM NOVEMBER 28, 1974 TO NOVEMBER 21, 1974. (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. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1154 A RESOLUTION CHANGING THE DATE OF THE FIRST REGULARLY SCHEDULED CITY COMMISSION MEETING TO BE HELD IN DECEMBER FROM DECEMBER 12, 1974 TO DECEMBER 2, 1974. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) 150 OCT 101974 III upon bei seoonrled by°Kiev. Gibson the resolution was passed and adopted by, the following vote -AYES: Rev. Gibson, MIS, Gordon, Mr. Plummer and Mayor Ferre. NOES: tone. ABSENT: Mr. Reboso. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1155 A RESOLUTION CHANGING THE DATE OF THE SECOND REGULARLY SCHEDULED CITY COM- MISSION MEETING TO BE HELD IN DECEMBER FROM DECEMBER 26, 1974 TO DECEMBER 17, 1974. (Here follows body of resolution, omitted here and on file in the Cit_r 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 Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. * * * There being no further business to come before the City Commission, the meeting was adjourned at 7:06 P.M. ATTEST: H. D. Southern City Clerk Maurice A. Ferre Mayor Ralph G. Ongie Assistant City Clerk 151 OCT 101974 11 ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 c:iiv OF MIAMI roF�DOCUMENi DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (19 PAGES) APPOINTING J. L. PLUMMER VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES GRANT APPROVAL -EXPAND FLORIDA POWER AND LIGHT SUBSTATION -NORTH SIDE OF S.W. FIRST AVENUE CONFIRMING RESOLUTION NO.74-638-ADVERTISE SEALED BIDS -CONSTRUCTION FASHION HIGHWAY IMPROVEMENT H-4381 GRANTING APPROVAL -ORDINANCE NO.6871-USE PROPERTY AT 1017 N.W. 9TH COURT -ADULT FEMALE RESIDENTS (WORK RELEASE CENTER) CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 APPROVING CARNIVAL SPONSORED BY MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION IN MARINE STADIUM PARKING LOT PERMIT TO ST. DOMINIC'S RECTORY FOR AMUSEMENT RIDES ON THE CHURCH GROUNDS FREE USE BAYFRONT PARK AUDITORIUM FOR MIAMI LODGE NO. 948 ORDER OF ELKS OF THE U.S.A. FREE USE OF BAYFRONT PARK AUDITORIUM TO THE WOMAN'S CORPS OF THE PAPANICOLAOU CANCER RESEARCH INSTITUTE AT MIAMI RENTAL FEE BAYFRONT PARK AUDITORIUM FOR THE UNITED WAY-OCTOBER 16, 1974 RENTAL FEE DINNER KEY AUDITORIUM FOR THE HISPANIC HERITAGE COMMITTEE AUTHORIZING THE WAIVING OF GREENS FEES FOR THE NORTH -SOUTH GOLF TOURNAMENT AMENDING RESOLUTION NO. 74-336-AUTHORIZING FEDERACION ATLETICA BASEBALL INVERNAL TO USE THE MIAMI BASEBALL STADIUM AUTHORIZING CITY CLERK DONATE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA THE SEALS OF THE CITY OF SILVER BLUFF APPOINTING ADDITIONAL MEMBERS TO COMMITTEE ON ECOLOGY AND BEAUTIFICATION MEETING DATE: October 10, 1974 COMMISSION ACTION R-74-1102 R-74-1108 R-74-1109 R-74-1111 R-74-1112 R-74-1113 R-74-1114 R-74-1115 R-74-1116 R-74-1117 R-74-1118 R-74-1119 R-74-1120 R-74-1121 RETRIEVAL CODE NO. 0065 74-1102 74-1108 74-1109 0066 74-1111 74-1112 74-1113 74-1114 74-1115 74-1116 74-111 74-111 74-111 74-112 74-112 DOCuMENiIN DEX CONTINUED Page .2 ITEM NO.I DOCUMENT IDENTIFICATION 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXPRESSING SUPPORT OF THE CITY COMMISSION OF THE PASSAGE OF THE "INTERNATIONAL FAIR COMPETITIVE PRACTICES ACT OF 1974" SERVICES OF MIAMI CRANE SERVICE INC. FOR THE EMERGENCY SITUATION -COLLAPSE OF A DOWNTOWN BUILDING POLICE FACILITIES BOND FUNDS TO PAY TO THE CITY'S APPRAISERS -CITY OF MIAMI VS. MARJORIE E. WILSON CIVIL ACTION NO.73-788 AGREEMENT WITH BOOZ,ALLEN & HAMILTON,INC. DEVELOPMENT OF "COMPREHENSIVE SYSTEM OF PROGRAM MANAGEMENT" APPOINTING MRS. MONA LIGHTE AND MRS. DOLLY McINTYRE-CO-CHAIRMEN "DOWNTOWN MIAMI 1973-1985 URBAN. DEVELOPMENT & ZONING STUDY NAME THE BUILDING AT THE EDISON TEEN CENTER "CITY OF MIAMI ANNETTEE EISENBERG COMMUNITY BUILDING" RESCINDING RESOLUTION #74-1095- FUND-RAISING CARNIVAL-58TH STREET AND 6TH COURT ACCEPT RTn-MIAMI FIRE EQUIPMENT COMPANY - PORTABLE FIRE EXTINGUISHERS ACCEPT BID-BUYAMA AIR CONDITIONING CO.INC. AIR CONDITIONERS FOR DEPARTMENT OF BUILDING ACCEPT BID -DOCK AND MARINE CONSTRUCTION - WAINWRIGHT PARK AWARD BIDS -DEPARTMENT OF PARKS AND RECREATION TO PENINSULAR SUPPLY COMPANY AWARD BID -MARKS BROTHERS COMPANY - PARKS TENNIS COURTS AWARD BID-C.A. DAVIS INC. - PARKS TENNIS COURTS AWARD BID-BISCAYNE CONSTRUCTION INC- ORANGE BOWL STADIUM RESTROOMS AWARD BIDS -PURCHASE OF FURNITURE AND TOYS FOR THE MOORE, EATON AND SHENANDOAH PARK DAY CARE CENTERS CONTRACT BETWEEN CITY OF MIAMI AND FRATERNAL ORDER OF POLICY ACTION' R-74-1124 R-74-1125A R 74-1126 R-74-1127 R-74-1128 R-74=1129 R-74-1130 R-74-1131 R-74-1132 R-74-1133 R-74-1134 R-74-1135 R-74-1136 R-74-1137 R-74-1138 R-74-1139 74-1124 74-1125A 74-1126. 74-1127 74-1128 74-1129 74-1130 74-1131 74-1132 74-1133 74-1134 74-1135 74-1136 74-1137 74-113 74-113 DOCU ENT4NDEX CONTINUE 33 34 35 36 37 38 39 40 41 42 DOCUMENT IDENTIFICATION CONTRACT BETWEEN CITY OF MIAMI AND THE GENERAL EMPLOYEES ASSOCIATION CONTRACT BETWEEN CITY OF MIAMI AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFI-CIO-LOCAL NO. 587 CONTRACT BETWEEN CITY OF MIAMI AND SANITATION EMPLOYEES ASSOCIATION ALLOCATING $1,500,000 FROM POLICE HEAD- QUARTERS BONDS AND PROGRAMMING $4,156,379-RESOLUTION NO. 74-978- CONSTRUCTION MIAMI MODERN POLICE BUILDING ACCEPT BID-ADH, INC.- $5,518,600 FOR THE MIAMI MODERN POLICE HEADQUARTERS DECLARING THE INTENT OF CITY COMMISSION IN RELATION TO THE DADE COUNTY TRANSPORTATION IMPROVEMENT PROGRAM PARKS AND RECREATIONAL FACILITIES BOND FUNDS FOR UP -DATING OF APPRAISALS-LATIN RIVERFRONT PARK CHANGING DATE MEETING CITY COMMISSION FROM NOVEMBER 14,1974 TO NOVEMBER 7, 1974 CHANGING DATE MEETING CITY COMMISSION FROM NOVEMBER 28,1974 TO NOVEMBER 21, 1974 CHANGING DATE MEETING CITY COMMISSION FROM DECEMBER 12, 1974 TO DECEMBER 2, 1974 CHANGING DATE MEETING CITY COMMISSION FROM DECEMBER 26, 1974 TO DECEMBER 17, 1974 C Page # 3 _CODE - R-74-1140 74-1140 R-74-1141 74-1141 R-74-1142 74-1142 R-74-1145 74-1145 R-74-1146 74-1146 R-74-1149 74-1149 R-74-1150 74-1150 R-74-1151 R-74-1152 R-74-1153 R-74-1154 R-74-1155 74-1151 74-1152 74-1153 74-1154 74-1155