HomeMy WebLinkAboutCC 1974-10-24 MinutesITY 01! MIA
OMMISSION
MINUTES
THURSDAY MORNING: CITY HALL
OCTOBER 24, 1974 AFTERNOON: GRAPELAND HEIGHTS
OF MEETING HELD ON CL)MMUNITY CENTER
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
ITEM NO.
SUBJECT
I
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
12D.
12B.
13.
14.
15.
16.
PERSONAL APPEARANCE: MR. FRED HURT, PROPOSEE
AGREEMENT FOR DAY CARE PROGRAM FOR THE ELD-
ERLY AT LEGION PARK
ORDINANCE OR
RESOLUTION NO,
PAGE NO.
DISCUSSION
REPORT OF CITY MANAGER - MIAMI POLICE DEPAR-
MENT - CONTINUED LATER - SEE IREM 5 DISCUSSION
OBJECTIONS TO CONFIRMING ASSESSMENT ROLL
BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357
OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK
N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT
H-4371
REPORT OF CITY MANAGER ON MIAMI POLICE
DEPARTMENT, CONTINUED FROM ITEM 2
SIX-MONTH EXTENSION OF VARIANCE LOT 25 &
26 BLOCK 4 - WILLIAM A. RICE SUB.
AMEND ORD. 6871 R-4 DISTRICT - DENSITY, MIN-
IMUM LOT AREA AND WIDTH FOR RESIDENTIAL USEE
74-1172
74-1173
DISCUSSION
74-1176
8319
AMEND ORD. 6871, OFF-STREET PARKING & LOADINZ 8320
WAIVE RENTAL FEE FOR BAYFRONT PARK AUDIT-
ORIUM-BABCOCK CO. 4TH ANNUAL COMMUNITY WIDE
THANKSGIVING PRAYER BREAKFAST
AUTHORIZE ISSUANCE OF PERMIT FOR AMUSEMENT
RIDES CENTRAL SHOPPING PLAZA MERCHANTS
ASSOCIATION
APPOINTING ADDITIONAL MEMBERS TO CITY OF
MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICAT-
ION
RATIFY EMERGENCY ACTION TAKEN BY CITY MAN-
AGER PURCHASE-3SECTIONS OF TARPAULIN FOR
THE ORANGE BOWL POLYTURF
EMERGENCY ORDINANCE AMD. APPROPRIATIONS ORD.
APPROPRIATING $10,365.00 FROM FUND BALANCE
OF ORANGE BOWL STADIUM FOR TARPAULIN COVER.
AUTHORIZE CITY MANAGER TO ENTER INTO AGREE-
MENT NATIONAL FOOTBALL LEAGUE FOR 5 YR.
TERM PLAYING POST SEASON GAMES IN THE ORANGE
BOWL STADIUM
AUTHORIZE CITY MANAGER TO ADVERTISE FOR
DESIGN PROPOSALS FOR MINI PARK AT: 46 WEST
FLAGLER STREET
FEDERAL GRANT APPLICATION "ORGANIZED CRIME
FIGHTING TEAM PROJECT"
FEDERAL GRANT APPLICATION "STRATEGIC TARGET
ORIENTED PROJECT (S.T.O.P.)"
FEDERAL GRANT APPLICATION "THRESHOLD PRO-
GRAM FOR PUBLIC SERVICE AIDES"
74-1177
74-1178
74-1179
74-1180
8321
74-1182
74-1183
74-1184
74-1185
74-1186
1-2
3-19
19
20
20-79
80
80
81
81
82
83
83
84
85
85
86
86
87
ITEM NO.
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
SUBJECT
ORDINANCE OR
RESOLUTION NO. PAGE NO
17 .
18.
19.
20.
21
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
87
88
88
89
89
90
90
91
92
93
93
94
94
95
4
FEDERAL GRANT APPLICATION "COMMUNITY EVAL-
UATION OF POLICE PROGRAM EFFECTIV"ENESS"
FEDERAL GRANT APPLICATION "MIAMI POLICE
DEPARTMENT PLANNING COORDINATOR"
CLOSE PORTION OF UTILITY EASEMENTS LYING
WITHIN BOUNDARIES OF TRACT "A" MOORE PARK
1-YEAR EXTENSION OF EMPLOYMENT-RAFAEL GARCIA
1-YEAR EXTENSION OF EMPLOYMENT-WILTON P.
SPENCER
CLAIM SETTLEMENT - HAROLD LOKOS
FEDERAL GRANT APPLICATION "MANAGEMENT TRAIN-
ING PROGRAM"
APPROVE LEASE AGREEMENT-FLA. DEPT. OF TRANS-
PORTATION, I-95 BETWEEN N.W. 6 & 8 STREETS
EXTEND INTERIM ZONING DISTRICT-MIAMI DADE
GOVERNMENT CENTER FOR SIX MONTHS
LEASE AGREEMENT - SAILBOAT RENTAL CONCES-
SION AT KENNEDY PARK
ACCEPT BID-90 HIGH PRESSURE SODIUM VAPOR
STREET LIGHT LUMINARIES
ACCEPT BID - ENVELOPES FOR CITY-WIDE USE
ACCEPT BID - HIGH PRESS+ORE SEWER HOSE
ACCEPT BID - FENCING FOR DAY CARE CENTERS
AT MOORE, EATON AND SHENANDOAH PARKS
ACCEPT BID - FERTILIZERS AND HERBICIDES
PERSONAL APPEARANCE - MR. ANDREW HENRY,
SOUTH FLA. SOCCER LEAGUE REGARDING LACK OF
AVAILABLE RECREATION AREAS AND FACILITIES
AT CURTIS AND MOORE PARKS
PROPOSED CREATION OF NEW CITY DEPARTMENT TO
BE KNOWN AS: "DEPARTMENT OF MANAGEMENT
SERVICES"
AUTHORIZE EXECUTION OF AGREEMENT WITH DADE
COUNTY TRAFFIC POLICE SERVICES -TRANSIT
IMPROVEMENT PROGRAM - U.S. #1
TRANSFER $26,000 FROM CAPITAL IMPROVEMENT
FUND FOR CONSTRUCTION OF FACILITIES AT
LEGION PARK - DAY CARE PROGRAM FOR ELDERLY
MOTION PROVIDING $25,000 FROM UNEXPENDED
FEDERAL REVENUE SHARING FUNDS FOR DAY CARE
PROGRAM FOR ELDERLY AT LEGION PARK
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT'
FOR DAY CARE PROGRAM FOR THE ELDERLY
74-1187
74-1188
74-1189
74-1190
74-1191
74-1192
74-1193
74-1194
8322
74-1195
74-1196
74-1197
74-1198
74-1199
74-1200
DISCUSSION
DISCUSSION
74-1201
74-1202
74-1203
M 74-1204
s
MINUTES Of REGULAR MEETING
CITY COMMISSION OE MIAMI,_FLORIDA
ITEM NO
38.
39.
40.
41.
42.
43.
SUBJECT
ORDINANCE OR
RESOLUTION NOI PAGE NC
AMEND RESOLUTION 74-1146 MODIFYING BID OF
ADH FOR CONSTRUCTION OF NEW POLICE HEAD-
QUARTERS BUILDING BY DELETING SECURITY WALL
AND AMENDING THE TOTAL AMOUNT OF THE BID
ACCORDINGLY
RESCIND RESOLUTION 74-1112 - AUTHORIZE
ISSUANCE OF A PERMIT TO THE MIAMI COMMUNITY
POLICE BENEVOLENT ASSOCIATION TO HOLD A
FUND RAISING CARNIVAL AT N.W. 22ND AVENUE
CITY OWNED PROPERTY
MISCELLANEOUS DISCUSSION ITEMS: "COMMUNITY
DEVELOPMENT ACT" AND "INTERAMA"
PROPOSED ORDINANCE AMENDMENTS - CA AIRPORT
COMMERCIAL DISTRICTS - DISCUSSION AND
DENIAL'OP ORDINANCES
RESOLUTION SETTING FORTH NOV. 6, 1974 FOR
SPECIAL CITY COMMISSION MEETING UNDER
SECTION 14 OF THE CHARTER FOR INVESTIGATION
OF THE MIAMI POLICE DEPARTMENT
FIXING TIME OF 2 P. M. NOV. 7, 1974 AS TIME
AND DATE FOR PUBLIC HEARING ON APPLICATION
OF MIAMI MINI-ALIADOS INC. FOR CERTIFICATE
OF PUBLIC CONVENIENCE FOR MINI BUS OPERATIOD
ADJOURNMENT
74-1205 114-11
74-1206 115-11
DISCUSSION 116-11-
M 74-1207 118-13
74-1208 137-13
74-1209 138
************** ******
410
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day o4 October, 1974, the City Commission o�
Miami, Ftotida met at its negutan meeting place in said City
in regutan session.
The meeting Was called to onden at 8:35 O'Ctoclt A.M. by
Mayon. Maumee A. Fenne with the liottowing members o4 the City
Commission liound to be present:
Commissioner J. L. Ptummcn.
Commissioner Robe Gordon
Commissioner. (Rev.) Theodore Gibson
Vice Mayon. Manoto Reboso
Mayon Maurice A. Fenne
ALSO PRESENT:
P. W. Andrews, City Manager
A. R. Cnouc.h, Asst. City Manager
John S. Lloyd, City Attorney
H. V. Southern, City Ctenfi
Ralph G. Ongie, Asst. City Cterh
An invocation was delivered by Reverend Gibscn who then
led those present in a pledge o4 attegianee to the gag..
A motion to waive the reading o4 the minutes was introduced
by Mt. Plummer, seconded by Reverend Gibson and was passed and
adopted unanimously.
NOTE: The morning session was heed in Miami City Hatt 6nom
8:35 to 2:30 O'Ctock P.M. when the Commizsion neces6ed
4ot lunch.
The meeting was teconv€ned at 3 : 30 O' CtocIa P. p . at
Gnapetand Heights Commvnity Building in Gnapeland
Heights.
1, PERSONAL APPEARANCE: MR, FRED HURT, CONCERNING PROPOSED
AGREEMENT FOR DAY CARE PROGRAM FOR THE ELDERLY^LEGEIN PARK
Mr. Hurt: My name is Fred Hurt, I am director of Miami Jewish
Home for the Aged, also known as Douglas Gardens.
I am glad to report that our Board approved the acceptance of
and hopefully we will have your blessings to run the Legion
Memorial Park Day Care Program for the Elderly.
We have reviewed this project and we feel that we can prevent, delay
and hopefully forestall the institutionalization of those aged who
currently are shut-ins and have no either place to either stay or a
way to pass their time other than to inorder to receive total care
than to be institutionalized prematurely. We hope that through
the institution of a frail elderly day care program to be established
at the Legion Memorial Park center, we will be able to keep these
people out of institutions, hopefully forever.
The major goal is to provide a level of service which these elderly
will require including medications, supervision and the total
ambulatory services as provided by a day care program which inevitably
will maintain their health for a longer period of time in the
present environment in which they provide.
OCT 241974
• •
The budget for this program t'irough your fiscal year end would
be $75,000.and l am prepared to answer any questions you may
have concerning the budget, expenditures or anything that the
program will operate.
As ydu know we have quite a bit of expertise in working with the
elderly. Our institutionhas been esta biished for greater than
28 years. We are United Way and Greater Miami Jewisk Federation
Agency.
Mrs. Gordon: To clear the records, I would like you to state that
this program is open for people of every socio-economic level.
Mr. Hurt: Yes, this program would serve all people regardless
of their financial ability and primarily would be designed to
serve the indigent which is consistent with the policies and
practices of our institution.
Mrs. Gordon: I just wanted the record to reflect that.
Mr. Andrews: As I understand it then, the budget for this coming
year would be $90,000, is that right, a total budget?
Mr. Hurt: The total budget for year end would be a total of
$75,000.
Mr. Andrews: $75,000.
Mr. Hurt: Right, the program from the time we geared up would
probably be January 1st and would reflect a cost through your
end of September 30th of $75,000.
Mr. Andrews: All right, stow Mrs. Gordon so that we don't have
any misunderstanding,- is that excluding the fees that would
be considered or include it? Because budget and funding are two
different things and I think we are talking about funding now
and is the $75,000 all that would be expended on the program?
Mr. Hurt: That is correct. That is the maximum amount of dollars
expended on the program.
Mrs. Gordon: Does that include - would it be lessened if there
are fees collected?
Mr. Hurt: Yes. It would be less if fees are collected.
Our primary goal is to serve the indigent and those people who
have no sources of income and therefore fa are projecting this
first year a very limited source of income from fees.
Mrs. Gordon: Will you go further on the amount we already have?
Mr. Andrews: Yes, with the City Commission taking into consideration
the resolution that was before them which would transfer $26,000
from capital improvement -unallocated funds back to the federal revenue
sharing to take care of the construction which took place, we would
start with $50,000. We would have to add to that then, $25,000
which we feel can become available from unexpended balances
within the federal revenue sharing funds .
If you would adopt, #1, this resolution and #2, a motion to that
affect, then we would be able to sit down and begin negotiating
the contract.
Mrs. Gordon: May I move that Mr. Mayor, that is the resolution
I introduced the other night.
Mayor Ferre: Yes I know, now I will recognize you later on Mrs.
Gordon with this motion and I hope it will be in the morning.
It depends on how long Mr. Andrews takes with his report but I want
to thank you Mr. Hurt for being here. This matter will come up today
and it will be resolved one way or the other today.
Mr. Hurt: Thank you very much.
2
OCT211974
s
oPEINIJ REMARKS- mittJE,D IATE.R, MUJ NEPORT OF CITY MANAGEP—MIAMI POLICE G-SSEE ITEM 5
MR. Andrews, City Manager: Mr. Mayor and members of
the Commission the purpose of this discussion is to investigate
the alleged problems in the Department of Police. I want to
establish some predicates before I begin to give you the
information I have obtained with reference to the Department,
as a result of my personal review.
First I do not have a written report to give to you this
morning. That was by design ---I chose to do that so that I
could communicate with you directly a.►d respond to your questions
and will rely on the record which will be available tomorrow
morning. From that record I will abstract the pertinent areas
of discussion with their recommendations and place than into
a memorandum report form, attempt to have that before the day
is out, no later than Monday morning. I will attach to that
report the Minutes of this meeting so that if there is any
doubt in the translation 'aetween the Minutes and the report
I supply you, the information will be there. And I want to
stress, I felt it was far more important at this time not
to supply you with a report on a very difficult subject which
I may have to use more than one illustration to bring out a
particular point, and I felt from past experiences at times
when you put something down on paper, it is misunderstood,
it leads to another question, and another question and it
gets to be a difficult process.
Mayor Ferre: Mr. Manager would you prefer that you make
your presentation without our interruptions, without questions,
----we hold our questions to the end or ask as we go along?
Mr. Andrews: I think that if you choose you might wish
to ask question when I get into describing various areas of
departmental operation, factors that concern the police officer
as we touch on each of those subjects and conclude them, I think
to communicate well, it might be better to ask questions at that
point, otherwise if we wait to the end, ----
Mayor Ferre: Let's do it this way, as you go through
your report, as you go into the section you want to go into,
and we will hold back our question in that particular section
until you are finished with your comments. We will write down
our questions then at the point you are through, if you will
let us know, then we will ask the question.
Mr. Andrews: Fine.
Rev. Gibson: Mr. Manager, :you elect not to give us a
report. Is that right?
Mr. Andrews: At this point in time.
Rev. Gibson: I want to make sure I understand what you
are telling me.
Mr. Andrews: Yes, --
Rev. Gibson: You elect not to give us a written report.
Mr. Andrews: That is right.
Rev. Gibson: You are going to give it to me tomorrow
morning after I am out of the meeting. I want it for the
record. You are going to give it to me tomorrow morning after
3 OCT 241974
•
I am out of the meeting. Okay, let me raise a question to
the Mayor, then what happens?
Mayor Pierre: I think: Father Gibson, that after the
Manager makes his report :his commission will have to decide
what the next step will 13,1.
Rev. Gibson: Beautiful. I want to put the Manager on
guard so Mr. Manager, Toeodore Gibson is now operating with
the understanding that you are going to report, you are going
to give to us word-of-mouth, then you are going to give to
me tomorrow, or tonight, so I could read it over, and if I
don't like what I heard,over against what I read, then you
are going to have to battle the cat. Is that right?
Mayor Ferre: I commit myself now, before we start,
that it any member of this commission wishes to call a
continuation of this mattes, I will call a special meeting
at your convenience, at everybody's convenience to continue
the discussion on this.
Rev. Gibson: I want to make sure we understand it.
Mayor Ferre: I am saying that if anybody in this com-
mission has any questions that he feels that have not been
properly answered, or questions that have not been touched
upon, we will have a special meeting beyond the hour and
one half allocated this morning to discuss this subject.
Mr. Plummer: For the record, let's get it straight
if I can, Mr. Mayor, it is more than an hour and one half,
this morning on the front page, it is a one hour and a half
delegated, then after Item 5 it has continuation which is
almost another full hour.
Mayor Ferre: Two and one half hours, ---three; whatever
it is, I don't want to quibble,
Rev. Gibson: What I am concerned about, is after you
tell me word of mouth, then you give me a written document,
you see, I am defenseless at that point. If I am not right,
I want the world to get me right, ----if after you have given
me word-of-mouth, then a written document, and assume I could
read it, and what I read doesn't jibe with what you told me,
and they don't follow the same line, I only want to make sure
that I understand that I have a recourse. Is that right?
Mr. Andrews: Yes, sir.
Rev. Gibson: We are in business.
Mr. Andrews: ---and to reinforce this area, I had proposed
that when I supply this information to you, we will attach
the minutes of this meeting so there is no question that what
I have said is included in the report.
Mr. Mayor and members of the Commission further prior to
continuing with this review, I think 'it is important for you
to establish certain, --call them if you will, environmental
conditions that have affected the department over several years,
some of these are. and the more important ones perhaps, the
diange in direction of the department within the last four or
five years, and then within the last 15 to 16 months, the change
4 OCT 241974
of City administrators, which then adds another increment
of change within the:City and as that change affects the
department. There is the full emergence of previously adopted
civil rights acts an:3 equal opportunity legislation, that at
this moment in time, at least, impacts upon the police Dept.
more than it does other service organizations of the City.
The Black officer's court case and the employment of the
University of Chicago, --the passage of the twenty million
dollar bond issue, and employment. of SRI to modernize the
department which has caused, and will cause changes, and
the normal resistence that you obtain whenever you change
direction in a large organization, and this is a large organi-
zation which has over 1000 people in it.
The City's efforts to modernize the city administration
through the Boaz Allen study,that impact as it might affect
civil services, and the creation of.human resources department
and its impingement on the department of police.
And within the last few years, the full realization
and impact that the Latin community has had within the City
of Miami, and particularly to the City organization, who
must render the services to the Latins, that transition of
understanding, bi-lingual aspects of it, this is a major
change in our community. and you have to recognize that this
has affected the department.
Those are only some of the major areas, I am sure
there are others that I have excluded that could be added,
but perhaps not quite as significantly.
The Grand Jury on May 21st issued a report and tha
first item of discussion in that report was one involving
moraleand performance of the police department. Morale is a
very difficult term to•try to explain. It has so many meanings
that I am not going to try to give it an explanation except
that we know it does exist, and I am going to be talking more
in terms of performance w mcr ale affects performance. When
you are unhappy in your work, not satisfied with the working
conditions that has to affect your performance and there at
many contributing factors that can cause these conditions,
some of which we will be discussing this morning. The Grand
Jury reported and there is a list of what I call predicates
or legislative findings that led to their recommendations. I
want to got through those one at a time, just to emphasize
to you these points and then to comment on some of them.
Repeadedly the Grand Jury heard these complaints from
Miami Policemen, ---lines of communication were more open
in previous administrations. It is difficult to really comment
on that particular item because as I examined the number of
ways that the employees within a department are not communicated
with, as compared to in the past, to me, the lines of communication
are more open now than they were in the past. If you look at that
from the standpoint, are people being really being communicated
with, then that perhaps is another matter.
Two, there is a lack of pride in the department. The officers
that I talked to, you would not get this feeling. There are
problems, but they do not lack pride in the department, quite
to the contrary, and I invite you to go through the same processes
that I have or use your own processes, and talk about pride in
the department. Interestingly enough, and quite voluntarily, some
officers indicated to me that they had left the department, who
I talked to, and had left for a span of time, a year or two to
seek employment in another jurisdiction, completely outside the
state of Florida, they returned to the department with the
satisfaction that Miami and the department was a very fine
place to be employed.
There is inadequate training and gathering evidence and
giving testimony in court. I find difficulty in establis c. 197 4
5 �,J�l
the kind of credence that the Grand Bury has placed on this
item because my findings indicate that we are used as a model
by other cities as to the way we gather evidence. Now that does
not mean that more 4g,A ining is not needed and actions have been
taken to provide additional training in this area.
Patrolmen feel they do not have the support of their
superiors, reprimands are given without adequatf basis, and
officers investigated by internal security section are often
made to feel guilty until proven innocent. Patrolmen do not
feel they have the support of their superiors. I discovered
in my discussions with the personnel with the department, that
they take exception to the fact that their superiors are hard
on them even when an honest mistake is made, and the differentiating
between an honest mistake and one that is deliberate, is where
the problem arises. The officer is the first one to speak up
and say that if one of our people has done something wrong, he
should, I'll use the term, be punished for that, and be exposed
to the procedures but when an honest mistake has b4en made, and
that same officer is exposed to procedures I am going to describe
to you a little later, and take some time to describe because
it is a very significant area, then he feels he is being in
a sense, discriminated against in that point. And the officers
investigated by internal security section are often made to
feel guilty until proven innocent, demonstrates even through
the Grand Jury report how tough we treat our officers when they
step out of line. This is what the community, S think, expects
of us, and perhaps, -perhaps, we have gone too far.
Transfers, - --5,--transfers in and out of specialized
divisions such as homocide are made in groups rather than on
a staggard basis, too often requiring those division to investigate
cases without experienced personnel. I went back and I must admit
that my analysis and review of the records went back for one
year, from May, I chose May because this report was issued on
May 21, from May 1973 to May 1974, and that was not the case.
There are approximately, and this varies slightly, depending
on the assignment, 20 to 24 people in homicide, there were over
the course of a year, on incriments of approximately once a
month, a transfer in and out. There were more transfers out
during that period than there were transfers in, by .two or three.
There were total transfers out of that section of 10 and some
7 were returned. I have not gotten into the facts as to why
there is an imbalance in the two, bit there was a change in
complement. So from my observations, and my inquiries as pointed
out in this report, no groups transfered in and out.
Point 6,--Sergeants are deployed in the field to
achieve maximum results of both supervision and support for
man in the field, and I must admit, I found evidence of this.
Inaudible question.
Mr. Andrews: Sergeants are not deployed in the field,
to achieve maximum results of both supervision and support
for men in the field, and I am going to be discussing this
more fully later, which I will be addressing.
7,-- Cliques, -within the department are increasing
as a result of morale deterioration. I would not disagree
with that statement, but not for the basic reason stated
in the Grand Jury report.
Mrs. Gordon: Repeat the beginning of it, I sorry, I
could not hear you.
Mr. Andrews: ---clicks, groups. within the department
are increasing as a result of morale deterioration . If there is
6 OCT 2 41974
•
morale deterioration, as brought out through the sampling of
the Grand Jury report, i am saying that there are reasons far
pore serious as to why this is occuring than is pointed out in
this report, of the Grand Jury.
#8—Promotions are made on the basis of Weight of 80%
given to a written test and 20% to seniority with no consideration
given to performance. The top man on the register submitted by
the Civil Service Board must be promoted. You will recall recently
within the last coupld of months, the City Commission adopted an
ordinance at the request of the Civil Service Board who were
urged to recommend such a change by the. University of Chicago
which has changed this seriority rating. I must admit that that
did constitute a problem in the past, to perhaps the younger
officers, aspiring to being promoted.
#9----to the police officer whose career is involved,
there often seems to he no supervision of the Chief by
those officials to whom he is responsible. Now, supersivion
in its broadest sense, can only come directly from the City
Manager. The City Manager must receive the criticism of this
particular area, if criticism is to be leveled. The Grand
Jury then recommends after these 9 findings, that one, ---
and these are now Grand Jury recommenc:ations, since the
same conditions exists now as did in 1970, theCity Manager
and the City Commission should demand that Chief Garmire
use all the authority vested in him to correct the conditions
outlined. If he cannot improve morale, and the performance
or the department, new leadership should sought; 2. the
sheer number of complaints of specific nature, ranging from
report procedures to the oondition.of motor pool vehicle
equipment, indicates that additional seminars should be held
to discuss morale, hear complaints and give both administrators
and rank -and -file officers a chance to exchange views.
I would like to those two particular items which set
parameters. It says report procedures to the conditions of
the motor pool vehicles, implying the span of many items.
But I would like to address myself to the two items that
are mentioned here. I could not find the exact evidence of
report procedures. I know that the employees of the department
have complained for a long time, including the administrators
of the department as to the need to process as many reports
as we do. We have to have the reports if we are going have
accurate accountability, hcwever there is in my observation,
evidence that if we approach the reporting system on a very
dynamic basis, which means getting the State and County involved
in such a review, because state law requires that we fi]1 out
and provide many of the reports that we have, that there are ways
in my opinion that the reporting, that the reports themselves
made in the field, and the reporting can change to the better-
ment of the total community if we can get the State to change
some of its basic laws but it is going to take a considerable
amount of effort. I can give you examples of that, of things
I witnessed that occured while I was with the police officers,
and observed the kind of reports they had to make out in
the field.
As far as the motor pool equipment is concerned, at
the time this report was being written for several months
prior to that, I must start with the basis that the City has
assigned 235 vehicles to the police department,----135 of those,
100 used a variety of ways that do not require Lull 24 hour
me, but 135 of those vehicles are more or less on a 24 hour
base uses, where more than one officer, except for the K-9
Corp would use a vehicle. We received 20 vehicles in January
of 1973 that we added to the department, for those that receive
a limited amount of use and this would be normal. We attempt
to put about 60,000 miles on those vehicles and they get turned
over about once every 4 to 5 years, so that represents about
r ,� OCT 24 1974
one -fifth, 20 vehicles of those 100. Of the 135 p.3tro1 vehicles
we purchased 90 new vehicles and they were turned over to the
apartment in March and April. This year we have nearly 100 new
vehicles coming into the department. Now there was a point in
fairness to the Grand Jury report that this was a critical situ-
ation in which, because of the way we receive bids, the increased
price, we skipped the 6 month period rather than replace the
vehicles and waited until the following year to make the purchase.
So from that standpoint, because of tithing, the equipment got
a little older than it should have, and their point is well
taken.
The 3rd recommendation, the Chief of Police, should make
bore personal appearances at roll cell and be more visible to
the men in the ranks.
4. Although the Grand Jury does not think this is a
proper time to recommend solutions for every inter -departmental
problem, it does strongly recommend a differential in pay for
night duty. This has been under negotiation since March and
April of this year, and with the conclusion of the two year
agreements, with the Fraternal Order of Police, to represent
the department and their bargaining agent, we entered into an
agreement which would provide for 5% differential.
Rev.Gibson: Mr. Andrews, one of the things that bo;:hered
me is, I was asking Rose here on the side, to make sure I am
not too far off, I notice in some of those recomendations
or questions raised, you proceeded to answer, some of them
you don't answer.
Mr. Andrews: That is right, I will have answers as we
move through this.
Rev. Gibson: I am having difficulty, I admit I am a slow
learner, if you are answering one, ---don't pick out, ----if you
are going to answer it, ask 10 question and answer 5, then
you pick out the 5, you understand. I have difficulty in dealing
with that, then I am left in mid -air. For instance, I would be
interested in getting your reaction because you also must deal
with the same kind of situation as theChief. Everybody expects
the Chief, to put on the uniform, and go out theYe, and say
hey, fellows, let's go to cocktails together. That is what
it means. I notice that when you got to that, you pass it
over. Just answer this, you are going to speak to that later on?
Mr. Andrews: Yes, I'll be glad to do it right now.
Rev. Gibson: Make sure that when you get to it, you
can call me Theodore today, don't do it after today, -------
you know that question you asked about the Chief, I am now
ready to answer.
Mr. Andrews: I'll go back to that one, because I don't
want to create any impression that I may not be addressing
myself to any of these questions.
Mayor Ferre: Mr. Andrews as I see it, as I have written
these things down, you didn't speak to item 8 or 9 of the
report, --
Rev. Gibson: Right.
Mayor Ferre:----nor have you spoken to recommendations
1,2,3 or 4.
8 O CT 2 4' 1974
7
Mr. Andrews: Well let's go beet. Which ones did you Say
did not respond to?,
Mayor Ferre: 1 didn't hear any comments as to Item 8
and 9, and I didn't hear any basic responses to any of the
recommendations, the four that have been brought up.
Mr. Andrews: Let's go back to 8 and 9, and there
are only four recommendations and we can go through those
quickly. 8,--was the matter of promotions and 1 indicated
and I'll read it, so there is no misunderstanding --"promotions
are made on the basis of a weight of 80% given to a written
test, and 20% to seniority with no consideration given ,o
performance. The top man on the register submitted by the
Civil Service Board must be promoted. I indicated to you
that you, the City Commission, within the last several months
had passed an ordinance that changed the seniority, and have
given it a different weight. This came about- as a result of
recommendations from the Civil Service Board who had received
their information from the University of Chicago, changing the
formula and urging that 19ss emphasis be placed on seniority.
And 9, to the police officer who career is involved, there
often seems to be no supervision of the Chief, by those officials
to whom he is responsible, and I indicated that I interpret that
to mean that supervision of the chief comes from the City Manager
and that I have to assume the responsibility for that. To
elaborate on that, and which I didn't want to do at this
moment in time, is that I believe that I have had extraordinary
communication with the Police.
Mayor Ferre: The Grand Jury is specifically talking about
the Chief's communication, not yours. What you are saying is
you are assuming the responsibility for. the Chief communicatinu
with his officers?
Mr. Andrews: No it doesn't say that. It says to the
police officer, whose career is involved, there often seems
to be no supervision of the Chief by those officials to he
is responsible.
Mayor Ferre: Oh, I see. okay.
Mr. Andrews: And he is responible to the City Manager
and the City Manager is in turn, to the City Commission, and
if the implication is here, that he is not given much direction
or supervision.
Rev. Gibson: Mr. Andrews out of fairness to you, I said
to the Mayor I am not so sure that is what they mean. As a
layman, not an attorney, I would not interpret it that way.
Mr. Andrews: Well. I have to interpret this on the basis
that the Chief can only be supervised by one person.
Rev. Gibson: Are they talking about the Chief being
supervised, or are they talking about the men being supervised.
Mr. Andrews: No. the Chief.
Rev. Gibson: Read it again please.
Mr. Plummer: Before you even answer that , I have to
tell you something, this format is totally out of kelter.
Can we have a copy of the Grand Jury report here so we call
see what you are saying, so.we can interpret? We have not in
9 OCT 41974
in front of us but an agenda, and I dont'have anything
to follow what yob are saying, I am not going to sit here
end try to decipher what you are over -looking Or what you
are going to come back to. I think we should have something
in our hands to be able to follow. a guideline. Especially
three hours worth.
Mayor Terre: Mri Andrews I had written this question,
and I was holding back on it but whiles they bring this
Grand Jury report, are you going to speak just to the
Grand Jury report, ---
Mr. Andrews: ---no, the whole spectrum. T wanted to
try to respond to make sure the commission was, ----that
we had a review of the findings, and the three recommendations
and some brief comment on those before we got into, ----
Mayor Ferre: I shouldn't be going beyond the Grand
Jury questions and recommendations.
Mr. Andrews: Yes, we are going to start with the
officer himself, as to all the conditions personally
surrounding him, through various areas of the department.
I'll re -read this, so we can discuss it, but I'll have
the Grand Jury report before you. "To the police officer
whoes career is involved, is a predicate in the sentence, -
there often seems to be no supervision of the Chief, by
those officials to whom the Chief, he. is responsible.
Rev. Gibson: T think there is some dubious, misunder-
standing, lack of clarity in that. Let me ask this, hers-
is a police officer. whether he is Ito. 1 or 2, somewhere
No. 10 supervises No. 1, and the Chief supervises No. 10.
Is that what you are telling me?
Mr.Andrews: I am getting the sense of what you are
saying, and I had not in fairness, not interpreted it that
way, ---
Air. Plummer: It says there, plural, the Chief's superiors,
and it should be singular, because you are in fact, his only
superior. Is that correct?
Mr. Andrews; That is correct.
Mr. Plummer: So it is bad English, at best.
Mr. Andrews: It might, without them reviewing the Charter
and having more information, in having included the Commission
as well,--- I am not faulting them ---------
Mayor Ferre: I might just make an aside and I think
this is a valuable comment at this point Mr. Andrews because
we are going to be speaking to that, the point is that there
is no question that Chief G.,rmire reports to City Manager
Paul Andrews. Paul Andrews reports to this body, and this
body reports to the people when we get elected, every so
many years. I think it is going to be an important distinction
here and I don't think there is any question as to legally as
far as the Charter is concerned. We do not have direct supervision
of police department or the Chief's actions. JIowever, I don't
think that there is any question under our constitutional government
that this Commission has an indirect responsibility for the func-
tions of that department because we are the ones that have to answer
10
OCT 241974
9
to the electorate, the people and the power is always is
invested in the people, not in any individual or groups, so
I think that that was not a grammatical mistake on the
part of the Grand Jury of saying supervisors, because I think
the criticism in the Oran'l Jury is not only to you as Manager
but to us as a commission, and I think that was not a grammatical
mistake in any way.
Mr. Plummer: Let me clarify, down under the Grand Jury
recommendation, Item No. 1, and I think it hits 'exactly
what you are saying, since the same conditions exist now
as did in 1970, the City Manager and the City Commission should
demand that Chief Garmire use all the authority vested in
him to correct the conditions outlined, so I think what the
Mayor is saying Mr. Andrews, is correct. It said here the
City Manager and the City Commission,
Mr. Andrews: Yes, I agree ;iith you, but I am getting
the sense of what Commissioner Gibson is saying, ari that
the he is the police officer, to the police officer, whose
careet is involved, there often seems to be no supervision
of the Chief by those officials to whom he is responsible.
In other words, the police officer, as you are pointing out
in your illustration, the police officer works under a Sgt.
a Sgt. under a Lt.----that supervision, chain, there seems
not to be the kind of supervision of that Lt. and Sgt. that
would be expected.
Rev. Gibson: Now, you are getting my point, ----
Mr. Andrews: I i.00k that, and I read this
t, mean the first approach that I used.
Rev. Gibson: Let me say this, as a layman, I take it
to mean my approach, because I can't supervise all the men
but I could supervise you, you could supervise the Chief,
and the Chief can supervise, ----what is the next order.
several times,
Mr. Andrews: Two Asst. Chiefs.
Rev. Gibson: Okay, and they could supervise who?
Mr. Andrews: Majors, ----
Rev. Gibson: All right, then the Majors who, ----
Mr. Andrews:Captains, Lieutenants,---
Rev.Gibson: That is the point I am making. I think the
Grand Jury, has interwoven in there all of those steps, which
the Grand Jury is saying, we are not getting, by implication,
that is what they are Raying. Let me say this, since I.was not
on the Grand Jury, and since, the foreman or whoever is responsible
is not here to properly interpret what was in their mind when
they wrote it, you and I are conjecturing. Unfortunately we ought
to have them here now, or somebody here to interpret that, so
that we could know who we need to put our finger on. See what
I mean?
Mr. Andrews: Yes, sir, ---
Rev. Gibson: I hope if we are wrong, that somebody will
get us straight before'we leave here today, so that we don't
OCT 2 41974
11
be laboring under an allusion.
Mr. Andrews: Then the Grand d'u y recommnends,as you
were reading, since the settle conditions exist now as did
in 1970 the City Manager and City Commission, should demand
that the Chief, Chief Garmire use all the authority vested
in him to correct the conditions outlined. If he cannot,
improve morale in the performance of the Department, new
leadership should be sought. That is a condition that yet
exists for the future and is not based on the past as I
interpret it. So that was the reason I did not comment
on it.
#2----sheer number of complaints of specific nature,
ranging from report procedures to the condition of motor
pool vehicle equipment etc. I commented on that one.
Mayor Ferre: I might say Mr. Andrews, saying in reference
to No. 1, this report was made in May, --four months ago, the
future is still ahead. I would say that we are in the middle
of the future as in reference to May 21st.
Mr. Andrews: And you can be sure that there has been
an effort to try to correct some of the conditions that
already exist,
Mayor Ferre:---and that is what we want to talk about today.
Mr. Andrews: 3,----the Chief of Police should make more
personal appearances at roll call and be more visable to the
men in the ranks. The only statement I cal make here, thit
while the Grand Jury felt this was inportant, that is a matter
of the way an individual operates, and foresees or predicts his
roles within any given department. Some Department directors
rarely have staff meetings, other have more frequent staff
meetings.
Mayor Ferre: Mr. Andrews do you take that recommendation
completely literally or could perhaps that be just an implication,
that what the Grand Jury in effect was saying was, that the Chief
should have more communication with his men and that this is a
good place to start, roll call, but there are other ways in
which a leader can have communications with his pople. Why
don't you speak to that? Going to roll call happens to be one
way of doing, and I agree, and there are many others.
Mr. Andrews: This is difficult for me to try to address
myself as to how someone else should manage, --I can tell you
how I would do things, which would produce results. ----
Mayor Ferre: Itlr. Andrews, we can't look to the Chief
because he is not before us at this point. You are the Manager
and you say that is a personal approach to how you manage, but
this is a specific criticism of the Grand Jury, and I think if
we are going into this by going through the Grand Jury report.
I think your comments are pertinent as it refers to the Chief
as approaching the problem and how he is solving it, and I think
the point it repeated throughout the report. It is a question of
communication and leadership and I think you have to address your-
self to that point among many other things.
Mr. Andrews: I can say this, from the stand point of the
police officers in a department, that move visibility of the
Chief, from their point of view, would certainly be of benefit,
12 OCT 2 41974
•
and would serve as a greater opportunity in which they
could comMunicate, perhaps many matters, whether it was
done in a form of the personal contact, or whether it was
done in a form of other officers present, so that everyone
would be aware of particular problems that might exist in
a department, but not only problems, communisations of other
particular important matters. Certainly there is no substitute
for the personal appearance, and the personal approach.
No. 4, although the Grand Jury does not think it is
proper time to recommend solutions for every inter-deparmental
problem, it does strongly recommend a differential in pay for
night duty. I explained that this has now been accomplished
it is something we have been talking about for a long time,
and finally got to the bargaining table in March and April,
and was negotiated into our contract so it now exist,. We
will and are paying our police officers based on the hours,
I believe, 1 am quoting from the agreement correctly, 6 in
the evening till 7 in the morning, that is night shift, anybody
working those hours will receive an extra 5% differential in pay.
Rev. Gibson: Let me ask a very simple question, it might
sound asinine, and may sound juv.nile buti think the public
ought to get this one. I happen to be a child of all of this
system you are talking about. If you want to really know what
these governments are about, you become an Episcopalian then
you've got it dead to the right man. What really troubles me
about a lot of these systems, if what the Grand Jury is saying,
this is what I am reading from what they are saying, it is no
accident that I have said from this very same seat, that it
troubles me that I can come in this building, I want thosA
people upstairs to hear this too, ---it troubles me that I can
come in this building and all the citizens come in here, and
nobody says a word to them, ---good morning, good afternoon,
good evening, ----we may be as modern and all that jazz, but
you know, I hear a lot of people cover up, because they
say lack of communication. You know what lack of communication
is, you don't speak to nobody. That's what that means. I don't
care how you put it, I don't care what you say, and I think
it is asinine to ask the Chief to go to roll call, every morning,
and to put on the uniform, that is Ileodore's opinion. I would
not ask him to do that. But I think :the Chief ought to make it
emphatic, that some way he is going to be around once in a while
and every policeman, I hope, out of a thousand, once in a while
see the Chief,so that if they see him, on the bridge, somebody
will say, that is our Chief. Understand what I am talking about?
Now, I think that men believe that they are part of something
when in the process they at least know what the boss looks like.
I don't want the Bishop to come to my house to cocktails with me.
That is my cocktail, but at least I want to know the Bishop so
that if I want to invite him, I could. I wonder if I have made
my point? I trust I have.
Mr. Andrews: Yes, you have.
•
Rev. Gibson: I see the Chief here, and I hope he heard what
I said, and I am not jumping on him, but what I am reading here
and what I think I heard, is that the men want him to go to dress
rehersal. I don't want that. But it seems to me, that somewhere
in this process, there ought to be some sort of arrangement where
at least he, ---I suppose he doesn't, --he addresses his men so that
the average, ---the Army would use the term Buck Private, ---could
say I have seen the Chief, and I don't want him putting on any
uniform. That doesn't make him a good Chief. Maybe some other
things make him a better Chief, but I hope, ---for me, that is a
r,
13
OCT 2 ',1974
real concern, and then you know what 1 have discovered, if .
that is done, maybe Tome of these policemen who walk around
here playing God, would stop playing God because I even passed
that, and man they would not speak to you for hell, and that
tells you the tone, and the level and morality of some of things
that go in city government.
Mr. Plummer: Mr. Andrews, since you have chosen to use
the Grand Jury report, not that I agree or disagree at this
stage but I think the Grand Jury report is very clear. On
page 1, it says, referring to what Father Gibson just spoke
of, beyond his administrative ability, moreover, he should
be the kind of leader who inspires his men to willingly follow
orders, fulfill their assignments with dedication, and a man
who communicates to his men, the feeling that he is interested
in their total welfare. I don't think that could be any clearer
than answering the question that you just tried to answer. I
think it can be summed up, in what is said here, that the Chief
don't know his men, and the men don't know the Chief. I think
that is what they are trying to imply, and I would like you
to speak to that.
Mr. Andrews: Well, when you say the men don't know the
Chief, and the Chief doesn't know his men, the Chief may very
well know his men without the men knowing the Chief, ---I say
the Chief could very well know his men, the men he must deal
with and supervise, he may not very well know every one of
the police officers, ---he may have some exposure in that area
but certainly out of the total compliment of people, it is not
possible that he would come to know all of them reasonably
well.
Mayor Ferre: I find that hard to understand, and I may
be mistaken about a police force. A police force seems to me
to be a pare -military organization and you can't look at it.
any other way. I think a commander -in -chief of any operation,
obviously can't know all the soldiers, and I understand that
but that is not the point. The point is, that the commander -in -
chief be visible and that he be available through the line of
command to his men, and I am not a military historian, but I
think throughout history, those military commanders have always
been best, who have best communicated with all of the men, whether
it be George Washington at Valley Forge, or you name it. The
basic ingredient is always the rapport and communication between
the Commanding officer and the men, who have to, ----let me put
it to you in a more specific way, in reference to Miami in 1g74.
Yesterday we had a lunch, I mean a breakfast meeting for FBI
Director Kelley, and I saw Mr. Whittaker who is head of the
FBI. He has a group of 180 agents. You know Mr. Whittaker told
me one time, I asked him, what makes a good chief, what makes
a good leader in the FBI or police department, he said once
a month at least I go out with my men, and if there is a difficult
assignment, and there is a raid, that is forthcoming, I go out
with my men visibly, because I would never ask a man to do some-
thing I would not do myself, and I said, why do you do that.
He said 3. Edgar Hoover recognized early in the game, that that's
the way to have discipline and that is the way you have a sense
of responsibility, that is the way you have communication with
the men in the field. I am not saying, again, that Chief should
put on a uniform and go down to roll call every day. That is
not the point, the point is, the relation ship between the
Commander in Chief and his men, visibility, availability,
'�- 14 OCT 241974
a Sense -of participation, a sense of being a part of the
group. That doesn't mean be is going to be one of the boys,
no, I am not saying that. And I am not saying he ought to
become like General Patton and put on a pair pearl pistols
and gb to the front line and direct traffic. That is an
exception. You don't get general Pattons very often. or
George Washingtona, very often in history. I think what
the Grand Jury report was talking about, I think eventually
you have to address yourself to it, is this relationship
between those that a:fe commanded, by .:he commander.
Mr. Plummer: I still haven't got mine answered Paul,
and I think the last line of that sentence hits it a little
bit stronger. And the Grand Jury says 'we have heard testimony
of a number of situations in which the Chief has failed to
take advantage of obvious opportunities to show the men in
the field that they were led by a cop's cop.' That is what
I mean by, the men don't know the Chief and the Chief don't
know the men. I think that is exactly what Rev. Gibson was
speaking to, that there is a total lack of communication.
Rev. Gibson: I don't mean a cop's cop, I just believe
that the man has to be human. If you get to be human, those
other guys may be human and they just be themselves. You
could have all the guns in the world, let me take my
cup of tea. Any minister who hasn't learned what it is to
cry, finds it rather difficult to understand the guy who
cries. And any minister who has never faced emotional upset
is in plenty of trouble because he is preaching in another
world. That is the kind of thing I am talking about, whether
you want to call him a cop's cop,I don't care. I don't like
the Grand Jury's word cop's cop. That might mean somethii
else, you are always on the side of the cop. I don't mean
that. I mean Mr. Garmire is just human, and that those police-
ment are human, they have inter -action, they sometimes have
to eye -ball -to -eye -ball, ---all of those members of the church,
every once in a while, they come down to that door, they
shake my hand and say Father I enjoyed that sermon. Whether
they tell me the truth or not, I look at them and say I
thank you, dear, and they believe I thank them. I am going
to finally give you a course around here on how to win friends
and influence people.
Mr. Andrews: I don't want the commission under any
circumstances to come to any conclusion that I am not sensitive
or appreciative of the factors that you are addressing yourselves
to. I think the humanisticfactors that you are speaking of, are
inherent part of one's personality as to an administration, is
partly by personality and partly by state of the art, and
so is leadership. I am certainly in tune to what you are speaking
of. ---I like to believe for myself personally that I possess
some of these characteristics. There is an important point here,
that you don't necessarily have to have these characteristics
to be a good leader.
Mayor Ferre:--you've no way to communicate?
•
Mr. Andrews: We are not talking about communicating, we
are talking about being that personable.
Mayor Ferre: I'll never forget one time when I started
working, and the guy was my immediate boss, and I was telling
him aomethirg about, well, I want to have everybody in this
group as friends. I think it is important that everybody be
15
OCT 2 41974
•
friendly, and I want to exert leadership by friendship, and
this man looked at me and he said, you will never make it
that way. You will never achieve your goal.If you told me
that you want them t6 respect you, now that is somethii
else. Heil!! nice is n*t what I am talking about, and I am
sure it is not what zhe Grand Jury is talking about. It
isn't a question of being personable, it is a question
that respect ---that leadership must come from respect,
there is a very large factor of communications and credibility
that has established the communication and therefore brings
respect. You cannot have effective leadership behind closed
doors.
Rev. Gibson: I rememb?r a certain principal of a school,
and you can see I am from the old school, he said, there
comes a time when democracy has to turn to into 'damn-ocracy'
and maybe the Chief might have to learn that too if he
doesn't know it. I am sure he does, there comes a time
when democracy has to be 'damn-ocracy', meaing he has to
get tough, and say to some boys who may not like it.
Mr. Andrews: Mr Mayor I understand what the Commission
is attempting to bring out, in order to get to some of the
very important things that I want to bring to the Commissnn's
attention as a result of this, I am going to recommend we
go into another area which is the Commission meeting which
followed several days after the Grand Jury report,to be
specific on May 24th, in which the matter of the Grand Jury
report was discussed. It was open to the public, as all your
meetings are and 24 speakers presented views, concepts and
complaints and ideas, with reference to the department and
address themselves to portions if not all of the Grand Jury
report. The Commission after that held further discussions
and adopted three resolution which I passed on to you, which
I will not read except for the last one, which says, is
Motion No. 74-438, that the City Commission directs the City
Manager that he investigate these alleged problems, hopefully
within 30 days, but no longer than 60 days and report back
to the Commission his findings, together with his recommendations
to correct the problems he has found. The Commission recognizes
some of the problems that I was having personally during this
time, insofar as the budget is concerned in other matters and
you delayed hearing that report until this date.
Mr. Mayor and members of the Commission in proceeding from
that point I discussed at length with the Chief, the Asst. Chief
the Majors from time to time, various Captains and Lieutenants
police officers, civilian personnel, including those I felt were
the responsible heads of the employee organizations, I embraced
Blacks, Latins and women, in my discussions, I did this on the
basis of mostly conducting these discussions in the police station
or out in the field. Some discussions were held in my office,
particularly those representatives of the employee organizations,
specifically, addressing in each one of these discussions what
the speaker felt were the problems, within the department. Not
those things we are all proud of as far as the department is
concerned, but those things have caused problems within a depart-
ment. And I recognize, it might have been difficult for me to
get truly a clear picture of this matter, particularly from the
officer's perception df what the problems are. I'll tell you this,
that when I contacted the officers, I told them in the beginning,
I am going to appologize to you from the beginning. I am not
going to make any notes of what you tell me, because I didn't
want that to become a barrier to the free flow of information and
16 r,v OCT 241974
communication, and I told them I would not remember their
names in 3 or 4 days after :t talked to them, nor w+ull 1
remember precisely what the7 individually said, bu that
I would remember and retain, and I did make notes,`'the
day after, or late that night when I would get home and
kept these notes until I complied this information, and
there evolved the process in which there was a variety
of small cowp►laints and if I may use my finger as illustration
and every once in a while an office would get into a very
serious area, and then some more minor things and another
serious area, and I told the officers that my objective
was to find out about all of these things but more important
at this point in time, was to try to see if there was una-
nimity of thinking with reference to certain serious problems
that might exist in the department, and if these kept cropping
up, that these would certainly be retained and become quite
visible, and through this process I think that I received
rood communications, and I think people were honest with me,
and I had, when you adopted this resolution, a variety of
ways I could have done this. I could have taken my staff,
aid we could have gone out, and called everybody up to the
Manager's office, which would have been a bad influence
on those, I could made up a questionaire, and submitted
it, but I was very concerned about getting a questionnaire
back, because I didn't know how people would respond to a
question in writing. There is no substitute for personal
contact. I am fully appreciative of. what the Commission and
the Grand Jury is saying. There is no substitute for personal
contact when there is respect between a subordinate acid a
superior. and you establish a framework of commun:cations
inwhich you can get at the heart of certain problems. So
I chose this method and it was done orally, with my making
notes afterwards.
Mayor Ferre: Mr. Andrews,
and not specifically, but in a
that you talked to during this
how many people, roughly,
general area, did you think
whole process?
Mr. Andrews: I'd say roughly at the police officer
level, about 30, at the Sergeants, and I'm guessing, because
I did not keep any records or notes, of this by design, I'd
say about 10 to 11, perhaps 7 to 6 lieutenants, ---I can't
remember how many captains, all of the majors and the two
assistants. So about 60 to 70 people.
Mayor Ferre: Let me ask you this, did you select these
people at random?
Mr. Andrews: No, sir, I selected them better than random,
when I went to the roll calls, not knowing what Sgt. was on
what shift, and who were the officers on a shift, I had before
me an example a map of the City of Miami with the zones, and
I said who is riding in this zone, and someone would inform
me, they would look around the room, Sgt. so and so, and I'd
get to the Sgt. and say who is riding in this sector, and I
think the very first person I rode with, in the field was a
Black officer, where there was a real chuckle, that I was
really going to get my ear full when I talked to him about
events in the department, but it was completely done with
complete freedom, no pre -designed, in fact I don't know who
my secretary selected, I said Iwanted to interview beside
some of the ladies I talked to in the department, a lady
police officer, and she was selected and I don't even remember
her name, and I talked to her. I was very careful of that,
''- 17
OCT241974
may 1 dikress for a moment, One of the Most interesting
courses that 1 took at the University of Illinois, Was
a Course of statistical quality Control in which the course
was completely steeped in random sampling, how to go about
making real good random samples to arrive at a decision as
to what the total is like, I must admit I want to those
academic years and used that process, co I hope I have a
good random sampling.
Mayor Ferre: You told us now, that in your in-depth
Study and review and investigation, you, interviewed people
within the department. Did you also interview people without
the department, people that the police deal with, the police
portion is only part of it. Did you deal, for example, did
you selectively go to the Little Havana area , to the ghetto
area, to the N.E. area, and take a random a sample case of
a problem, a complaint, a job to be done, just pick it out,
and see the process.
Mr. Andrews: No,. I did not.'
Mayor Ferre: Did you go to the community relations board
and say, I know you have had complaints and we know that,
that they have been involved in this whole series, now
let's pick at random two or three things that are bothering
you, and lets take a look at them. Or, did you for example,
go into the downtown area, we have a whole series of complaints
we have received here from the merchants on Flagler, and pick
at random two or three merchants and go down there, and say
Mr. Merchant, what exactly is the problem, what is it your
are beefing about, what is wrong.
Mr. Arta rews: Mr. Mayor, in fairness, and I NM not in
disagreement with what you are attempting to uncover, I
perceived that as another part of the total problem. It
is related, it has an effect, but the question we are
trying to analyze here is moralewithin the department.
Mayor Ferre: Let me remind you, in your own words,
Mr. Manager, you said in the beginning of this that
morale was a very difficult thing to assess, because
it meant different things to different people, and therefore
you could only assess it from the point of view of performance
and therefore you were keying your investigation to performance
and I am asking you how you can judge performance unless you
also judge the end product. In otherwords, if I manufacture
eye glasses, not only the people that are operating machines
that manufacture the glass, I have to look at the end product
itself, and I have to go and ask the people that are using
this end product, ----well, no this is a fine pair of Glasses
but about the 3rd month they break, because this portion is
very weak and keeps snapping off. I don't see how a person can
make a complete investigation if he only looks at one side
of the equation. I think you have to look at both sides of
the equation.
Mr. Andrews: I would not disagree with you, I think you
have to carry that a step further and then begin to relate
how other departments handle these 'ame problems to get a
full evaluation. I did not.got through that entire process.
Mayor Ferre: If you were to ask me Mr. Andrews. to
go out and judge the performance of mixer -drivers, on the job
;c
18 OCT 2 41974
and 1 went and talked to all the mixer drivers and the time
managers and supervisors and 1 got their point of view, isn:t
it possible that if I didn't go Out and talk to the customers,
the drivers might have one attitude and the supervisors might
have another attitude but the customers might have a completely
different view of it. Then for me to crake a true value judgement
i think 1 have to get all the things,` -maybe this is right, and
this is right.
3.
Mr. Andrews: Also another aspect of that is, that a
function carried on in a department, can be carried on well,
and performance may be high, but they may be performing
service that is absolutely not needed, so, it depends on
specifically what it is w! are trying to uncover. Nevertheless,
I can find and revie" to the department Mr. Mayor, ---
Mayor Ferre:---performance, listen, obviously if we
did not have rising crime problem, --everybody keeps missing
the boat on this, you keep talking about people, personalities,
and this and that, ---I am concerned about justice being done
in this particular case, that is not what this is all about.
What we are talking about is the general performance of the
police department, good or bad, and if there are problems, as
you said, and as this specifically says, investigate,report
findings, and recommendations to correct problems. That is
what we are trying to do today.
Mr. Plummer: Mr. Mayor may I suggest that at this time
we take a bleak, we have to open bids at 10:00, rather have
Mr. Andrews launch into something new we just break for
10:00 bids and come back.
Mayor Ferre: Please make it at 10:00 sharp
OBJECTIONS TO CONFIRMING ASSESSMENT ROLL
BISCAYNE FAST ItLG !IIAY IMPROVEMENT H-4357
The following resolution was introduced by Mr. Plummer
who moved its adoption, seeing there were no objection to con-
firmation,
RESOLUTION NO. 74-1172
A RESOLUTION CONFIRMING THE ASSESSMENT ROLL
FOR CONSTRUCTION OF BISCAYNE EAST HIGHWAY
IMPROVEMENT H-4357 IN BISCAYNE EAST HIGHWAY
IMPROVEMENT DISTRICT H-4357 AND REMOVING ALL
PENDING LIENS FOR THIS IMPROVEMENT AND CERTIFIED
HEREBY
(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.
f1
19 OCT 241974
'f
OBJECTIONS TO ACCCP"ANC OF COMPLETED WORK
n
The following resolution was introduced by Rev. Gibson,
geeing there was no objections to acceptance of completed work:
RESOLUTION NO. 74-1173
A RESOLUTION ACCEPTING THE COMPLETED WORI
PERFORMED BY GARC::A ALLEN CONSTRUCTION C(.
INC. AT A TOTAL COST OF $8,320.40 AND AUTH-
ORIZING A FINAL PAYMENT OF $832.04 FOR THE
N.W. 51 TERRACE ALLEY HIGHWAY IMPROVEMENT
H-4371 IN N.W. 51 TERRACE ALLEY HIGHWAY
IMPROVEMENT DISTRICT H-4371
(Here follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by Mr. Plummer, the resolution
was passed and adopted by the following vote - AYES:Rev.
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
5, REPORT OF CITY MANAGER ON MIAMI POLICE DEPARTMENT
CONTINUED FROM ITEM 2
Mayor Ferre: All right, Mr. Andrews,
Mr. Andrews:Mr. Mayor and members
now we will enter a process of factors
which could contribute to the question
department, and
of the Commission,
that I have uncovered
of morale within the
Mr. Plummer: Mr. Andrews, before you proceed, so that
can have the record straight, I am 24 hours late at this stage
of appearance in Tampa. I am putting the Commission on notice
and record that I have to leave this afternoon no later than
6:00, and I want that on the record, so that this afternoon
can say I am running out to go to Tampa. I want it clear that
I am leaving at 6:00 o'clock this evening.
Mr. Andrews: Mr. Mayor and members of the Commission,
you recognize that at 5:00 because of the scheduling the balance
of this meeting to be held at Grapeland Heights Community Bldg.
and we are planning to discuss three items involving airport
planning, and there is an hour allowed for that, if you conclude
at 6:00.
Mr. Reboso: I have to leave also at 6:00 o'clock.
Mr. Andrews: Mr. Mayor and members of the Commission,
we will now be discussing individual factors and I will tell
you when I come to the end of a particular area, in case you
have questions to ask.
The first is the police officer. those things personal
about him. I discovered there was no problem, in fact a great
deal of satisfaction as far as pay and fringe benefits are
concerned, that this was not a major problem within the dept.
A personal appearance of the officer, his general uniform,
one of the areas in which I think the department, and I am
20 OCT 241974
s
going to recommend, and see that a re-evaluation takes place
is the use of the cap as part of the uniform.
Mayor Ferret Several members of the audience asked
me how many police personnel there are in the room, and
I'd like to see a show of hands see how many people are
employees of the City of Miami police department here?
Mrs. Gordon: How many are patrolmen, are not just
working in the department.
Mr. Andrews: How many are off duty, because these
people are here, they conscientious, they are in erested
in what is going on, they are here on their own time, and
I want to indicate to the public that is here that these
people are not here and on duty.
Mayor Ferre: How many are here on duty? Only four
people in the police department on duty.
Mr. Andrews: Mr. Mayor some of these matters I am
bringing to your attention are matters which you might
think are minor, and I might think they are minor, but
I am expressing the concerns of the people I talked to
and I started with the caps. The cap I consider is an
official part of the uniform, and probably will remain
so, and should remain so. The complaint is that every time
a police officer leaves his vehicle, if he is using a vehicle
he must, ---and he usually takes his cap off, he or she, in
the police vehicle, that he must have the cap when leaves
the police vehicle to perform his duties, and I heard some
pretty good argument that may be valid, but I am not going
to make any judgement othar than we are going to review it
at this time, that when a police officer, one on one, with
someone he is communicating with, a member of the public, he
has that cap on, and its pulled down over his eyes, if he bends
his head a little bit, the person he is talking to, if he is
gathering information, they can't see him. There is a difference
when the cap is off. Maybe some officers when they approach
take their cap off, and put it under their arm, they still
have their cap with them, so and there are times when the
officer forgets his cap, because in the excitement of getting
out of the car, and attending to that which he must attend to
he will leave the cap behind, he has been criticized for this.
This is an area I will be recommending to the Chief we review.
The balance of his uniform, we are now in the process of
issuing the doctor blue shirts, and the problem as I understand
it expressed by the police officers of the use of white shirts
at night, will be overcome. I don't know if there will be more
problems attendant with the issuance of the blue shirts or not,
but we will have to wait and see.
As far as personal grooming is concerned, some officers,
not too many, and no lady officers are involved, are complaining
about the length of hair. We may have to re-evaluate our standards
in this area too. We have been rather strict, and I can understand
this is a military organization, but times are changing and at
least at this stage, I am going to recommend to the Chief that
we review and re -assess what we are doing and the benefits of
having strict regulations on personal grooming.
Inaudible question
Mr. Andrews: Yes, it is,----
21 OCT 241974
Mayor Pierre: I certainly don't want to get involved
in whether, ---What kind of caps the officers are going to
wear, but somebody told me there was a ruling in this week
that no more moustaches and hair has got to go short, ----
Mr. Andrews: t am not sure Mr. Mayor.
Mayor Ferre: Isn't that Contrary to what you are
saying now.
Mr. Andrews: I was talking about hair on}the head
and not on the face.
Mayor Ferre: I am talking about both.
Mr. Andrews: Well it could be, that we may have to
look at both, but I am not aware of what you are telling
me.
Mayor Ferre: Just out of curiosity I'd like to know
whether that has been stated policy in the last couple of
weeks,
Mr. Andrews: I'll attempt to find out, rather than
take the time now. Proceeding, you recognize we are starting
with the officer himself then we are going to expand anC
eventually get to the entire department procedures and operation.
22 OCT 241974
Mr. Andrews: The 33 special guns that the City ;)f
Miami utilizes, a question has been raised as to the type
of shells that we are now using and that which the Department
has under consideration for use. in that the Officers would
prefer to have the new 158 grain hollow-- and I'm not an
expert in this area, so you will have to bear with me, hollowed-
noses projectile. Now, parenthetically with that, I would like
to bring out another problem that I can skip over later. When
this matter was brought to attention through the newspapers,
the article that appeared in the paper said: "City Police
may get more potent bullets and here -- I'm going to use this
specifically,as a criticism that our Officers have the news
media in their treatment of the Miami Police Department. This
could have been more appropriately titled: Dade County has
ordered more potent bullets - more potent police bullets, this
is my title for this article: "Miami using conservative
approach - the Dade County,Miami Beach, and I believe, I'm not
sure of my fact in this case, Coral Gables has ordered these
new bullets. The staff of the Department is in a review process
and they really would like to wait and see some of the results
that Metro achieves with the use of this new bul',et before they
make a decision, because it is a serious one with potential
serious consequences after its use.
I won't go into the total problems in that area, it
would take too long. I am acquainted with some of the
potentialities of this, and from the Officers' standpoint, this
is a better projectile and serves his purposes well, but what
the Police staff is trying to assess is what is its effect upon
the community and from that standpoint.
Mr. Plummer: Stop, you see, somewhere alon; the line
you missed seeing the point. Do you know how long the men
have been bringing to the attention of people how bad these
so-called bullets are? Nuw, nothing has been done about it.
Men have been injured; men have been shot, but nothing has
been done by the Administration of yours or the Chief's to
correct the measure until some crisis like this. Now the last
incident that I recall was the man -- and I don't remember his
name, that was shot at the Burger King on Flagler Street. Here
this man tried to stop an armed robbery. He pumped three
bullets into a fleeing felon and did not even stop him, and
because of it, the felon or the attempted burglar, turned
around and shot the policeman. Now that has been almost a
year ago and nothing has been done about it.
Mr. Andrews: Well, I am trying to communicate to the
Commission that a decision will be reached on this.
Mr. Plummer:
Mr. Andrews:
But a year--?
I was not aware that a year had gone by
where this was in a decision process.
Mr. Plummer: I think that this is one of the problems.
I really do. There are other episodes - that is just one that
I recall very vividly. The men have said this, but still no one
23
OCT 2 41974
•
seems to do anything about it until a crisis'occurs, and I
think that's more of the problem than anything else.
Mr. Andrews: To continue another area in this personal
evaluation of the Police Officer, there was no comment really
on vacations. The Officers :.n general who are on t2 e 4 - 10
shift are pleased with that E,hift work, except that ,,,there is
concern in the traffic section or division that they are not
on the same type of shift - they are on a 5 - 8 shift and they
would prefer to go to a 4 - 10. Studies were made in the past
as to the potentiality of this occurring and at that point in
time, it indicated that this was not a wise decision. This is
another area that I am going to have reviewed within the depart-
ment. I am not going to predict what the results will be, but
we are going to review it once again.
Assignments from those -- if there are problems as far
as particular assignmEmts are concerned, I was not able to un-
cover any real serious problems. Some people complained about
assignments, but not to the point that it was that serious. Now
if there is a more serious problem than that, I'm not aware of
it at this stage from the sampling that I made.
Court appearances - there is a great deal of concern
and complaint about Court appearances, now that is scheduling
a Court appearances; however, the Administration of the Police
Department has under consideration with Judge Crawford a complete
change in this area, which will enable more scheduling of Court
appearances to occur while the Police Officers are on duty, and
after all, not only is disruptive to him, but we are paying
time and a half for the time that he ,s called off duty and
we would like to eliminate that charge to the City if at all
possible. Does the Commission have any particular question
about the physical aspects of Police Officers?
Mr. Plummer: Are you saying then that your feeling
is that the Court liaison officer that supposedly put there to
do the scheduling, is not doing the job?
Mr. Andrews: No, he is changing - he is working with
Judge Crawford and other judges to change the system which is
now in effect -- I can't tell you the exact status of that
change where the process will work more like this. The officer
through his identification as to when he is on duty, will be
known and when the Subpoena is issued for his Court appearances,
it will come about as the result of some predetermined scheduling
through the Court.
Mr. Plummer: I thought that is what the Liaison Officer
was there for now -- it is not working.
•
Mr. Andrews: Well, it is not working as well as it
should, and they are in the process of changing the system to
improve it.
The next matter is equipment. I already gave you some
indication of the Police vehicles and at this point in time when
Officers talk to me and talk rather freely, and they were finished
or we felt like we were concluded, I would take another ten or
24 OCT 241974
fifteen minutes and ask certain questions where they had not
addressed themselves to a particular prcblem. I was very
careful to tell the Officers .. "don! t listen to the way I
phrase the question.- t don't want to prejudice you or leave
you. You look to the intent of what I am trying to get at
and feel free to express yourself the way you would like to,
so that I could obtain the information that I needed.
As far as Police vehicles are concerned, I found that
the Police Officers are pleased with the equipment that the
City is putting in their hands and they are especially pleased
that we are making additional efforts, and the objectives I am
attempting to set for the Department, particularly for the
heavy use vehicles, that we purchase n,w vehicles every tingle
year to replace every vehicle that is heavily used in the Police
Department. We can use those that will be phased out. We have
a choice - we think the smart thing to do is to get the higher
return for the bids on the used vehicles, than to try to put
them in service elsewhere in the City by repainting them, and
so forth, and I can take the time to go through the analysis
that will prove out the inreased performances result of having
that kind of good equipment. in relation to what we are spending
as far as the 90.5 percent' of all our costs in personnel.
There is concern insofar as the radios and the walkie-
talkies are involved, particularly in Police cars- I'm not
satisfied in my own mind and at this stage, as we approach
the modernization of the Department, and this whole area is
still open for discussion, we have to come to some conclusions
rather rapidly with Ben Demby of Communications and Police and
S.R.I. and the rest, to really get moving now on the communications.
I'm not satisfied that with all of the costs that we have
involved in putting a PolicOfficer out in the field, that we
should just rely on the Walkie-Talkie, no matter how superb it
is, without additional backup radio equipment, and I am going
to review that and I'll certainly be listening to the advices
of the Police Department, the rest of the City staff, and the
Consultants; but from my experience going out in the field and
listening to these people communicating back and forth between
the Police Department. If anyone of them - in one incident,
for the monies involved that we are talking about, had a real
serious situation, which involved the life of someone and we
had malfunctioning of our radio equipment, we would have a real
serious problem.
Equipment in station is for the most part in my experience
and judgment, I wouldn't say it is in absolutely deplorable
condition, nor would I say poor, but it approaches it, and the
reason there is a reluctance -- and I am going to have to assume
responsibility for this area, and maybe I armchairing it in my
office, and not listening to what the Chief and others have
been trying to tell me, that is an easy area to remove from
the budget; but going down there and looking at some of the
equipment that they are working with on a day by day basis
as I walk through all the Sections of the Department to look
at it, and see cardboard boxes stacked on the floors, instead
of having the proper kinds of racks to put them in and other
25
OCT 241974
things. t am going to be coming back to the City Commission's
specific recommendations to provide the Department with more
internal eguiprsent because after all, before we move into a
new Station, we're going to be in this building for a year and
a half - maybe two years. During that period of time, we'll
spend on the Department $25,000 000. a year - that's total of
course; but the Department only functions as well as the staff
within the Police Station Function, that provides the Support
services to the people we are trying to supply the information
to, who are doing the policing job in the City of Miami. I
also am going to participate to a greater extent in doing
something about the physical building itself. We are going to
have to concentrate on bringing the building up. When we fin-
ish using the facility; the Police Station Building, some
other use is going to be made of that building, and I think
in a public building --the tendency has been not to invest in
that building because we are going to leave the building ---but
once again we are going to be there for two years, and have
been reluctant at first to come to the Commission, as an ex-
ample, the exterior of the building, to spend the moneys to
provide the proper parking facilities and the lighting of the
parking lot around that building. It looks bad, and I am going
to be recommending to the Commission and we are going to be
analyzing where those moneys will come from so that we can
pave more of the area. That will become some form of public
building. Parking is needed in the area, and I think we will
just have to bear the investment of that to serve the Police
Department until such time as it is used for some other pur-
pose. We need better housekeeping in and outside the building,
and I am going to be going back into the department budget to
review this to see if there is some way we can achieve this.
So much for the building and the grounds, unless the commis-
sion has any questions.
Communications and information to the employees in the
department. The --I won't hold up all the exhibits that I
have, which show the different forms of communication, but I
am going to be requesting that the department find ,ne or more
persons to review this entire area. Communications; to me,
means something more than just writing information down on a
piece of paper and transmitting it to an employee. There was
a particular problem that occurred recently that had to do
with communicating --I guess it was the one on the projectiles
for the guns, and the staff after they had completed their
decision as to what to do, post the information on that deci-
sion on a staff bulletin board, relying on that method of
communicating with the employees as to the results of this
matter. I am not sure of this, and I am going to look into
it, if that same information was ever transmitted through
the bulletin, and this bulletin is issued once a week and is
a major source of information for the department. We have to
do more with it. We have to dignify it, even if we have to
supply all the officers with special notebooks; catalog and
more formally identify these, and use this as one form of com-
munication in addition to others --and I have some thoughts on
that which I want to discuss with the Chief and the adminis -
tration about using part city time and part police officer
time more frequently than we do and meeting in groups with
certain personnel of the department to discuss particular
issues. One, I will be talking about later that will serve
as an example of this is the University of Chicago's involv-
ment in restructuring examinations. There is a terrible mis-
understanding here as to what is required. I am afraid that
26
• OCT 241974
our police officers within the department, and the rest of the
City I might add, have not redly understood the full impact
of the civil rights iegislati,n and tl-e equal opportunity laws
that exist, and their rights ':o the pcsitions they have. The
unfortunate part about this is that somehow, from myself, the
Chief and others, we have failed to communicate with the depart-
ment, particularly the police officers, that those police offi-
cers within the department do not have to worry about future
career development in the department. They should have no fears,
and we can demonstrate this quite clearly. One example I could
use is, we have about seven to eight police officers every month
leave the department for a variety of reasons; retirement, illness
leaving for other positions. This is roughly one hundred, in
round figures, sworn police officers a year. In three years --and
I am now going within the mandate of the court order --in three
years we will lose three hundred police officers from within
the department. Now that's a large number of people. That means
that the people that are'within the department are going to be
promoted somewhere along the way, and they should have no fear
of --and we have got to communicate this; so this is the broader
sence of the communication aspect. There are some more basic
problems with reference to communication and supplying employees
with information. I am not satisfied from my ---
Mayor Ferre: Excuse me, Mr. Andrews. Before you go on let's
go back to that last statement you made. I don't think it logic-
ally follows that just because you lost a hundred men out of
seven hundred and eighty that the other six hundred and eighty
are necessarily going to move up. I don't see --how does that
logic fit?
Mr. Andrews: Because we have --I don't say that they are all
going to move up; I am talking about equal opportunity for pro-
motion.
Mayor Ferre: Well suppose the hundred that are leaving don't
have too much seniority.
Mr. Andrews: It dependscon the position they leave from. We
have majors, captains, lieutenants, sergeants leaving the depart-
ment in a proportionate number; maybe not quite as high at the
very top. And while I am at it,a moment more, so there is no
misunderstanding because this is a good opportunity to communicate;
we have got quite a few officers here. There is and will be con-
tinuing equal opportunity within the department for promotion,
and that's something that we are going to have to guard against.
Now I'll publicly admit that we are going to concentrate and at-
tempt to attract more Black and Latin officers to the department
at the in -hiring level in order to reach some reasonable ethnic
balance within the department as time moves along. Other areas
where I have uncovered where we still are not communicating well
with the police officers, aid that is the real role of Stanford
Research Institute and their study. We haven't made it clear
that all of this effort is directed toward the police officer;
making him capable of performing better service; having more in-
formation; being able to do his work more safely than he is able
to do it now. Everything we are going to do; building a new
station, the computers, all of the change in direction is all
geared toward these operational levels where our officers are
giving direct service to the public, and all of this is being
27 OCT 241974
s •
done so that he can do a better jo; and in the excitement of
doing all this and getting it underway we haven't done enough
communicating to the officer at the lower rank to explain it to
him, and that needs to be done; and I discovered this in some
of the information which was given to me voluntarily and the
questions that I raised to the people that I talked to. There
is confusion as to the status of the police station construction,
not as much as the role of SRI, but I think perhaps now, with
more information available through the newspapers and through the
bulletin it is wellunderstood that we are moving ahead with the
new station. There is also a communications gap as far as the
interpretation of the three hundred thousand dollar' Outreach
Grant, which once again if necessary we may have to, through
some process I just got through describing, have someone, or
several who are completely knowledgeable of that particular
program, have, if necessary, by mandate, have all the officers
over a period of time exposed to a lecture series so that they
fully understand what this is all about, so there is no misunder-
standing or apprehension within the Department as to what we
are going to accomplish.
The next subject matter I have is one of supervision, having
left communicating with the employees. And I want to say at the
outset that this is an area that I think needs a great deal of
attention and one which I personally, through my staff and the
staff of the police department, are going to become involved. I
think that with the passage of the bond issue the City became
so involved in what we are going to do in the future that we
haven't, while we have given attention to supervision within the
department we haven't given the attention that is needed to
relate what people are doing; how they are doing it; when they
are doing it; why they are doing it in terms of the way we are
now operating versus the way we will be operating when we have
all the new gear in the police station and the new availability
of communications, with computers and new kinds of information.
To give you an example of this, which I think is a very serious
area that needs adjustment and immediate attention --and it's an
area that I plan to get into rather quickly --in the patrol sec-
tion you have a sergeant who supervises five, six, maybe at the
most seven people. At certain times there might be eight, de-
pending on whether or not more than one officer is riding in a
car in a particular sector. You will have --and these are approx-
imations --six sergeants reporting to one lieutenant. I found
quite often that we do not have the coverage in the field of the
sergeants that is needed, and a sergeant will have a span of
control of thirteen or fourteen people. This happens more
frequently than it should and we are going to have to establish
some priorities for the operating areas of the City, and under
no circumstances will those operating areas of the City have
less complement of people than is the right complement to have
the proper supervision of the officers. Our society is changing
so rapidly and so many complicated things are happening, and
recognizing that the officer begins his career at the officer
level with the department, and quite frequently in patrol or
traffic we have many of the rookies located in this area of our
operation getting their basic training there, and even for the
officer who has been on duty for two years or so, during that
two-year period on a given day he will run into a new experience
that he has never had before, and he won't know quite how to
28 OCT 241974
•
handle it. He has got to have a sergeant there for discussion
and supervision; and the sergeants are pretty good about this.
I rode with some of the sergeants and they recognize when there
is a peculiar or difficult call the sergeants took off and went
right to the scene and assisted the officers, but we need that
balance constantly. Every single day there are police officers
out in the field we should be organized so that that sergeant
and the rest of the command for that particular operation should
be there and should be intact. I used a very crude illustration
to quite a few people but it served as an example of what I am
talking about. In the Sanitation Department we place priority
first on garbage collection; second on making sure that the in-
cinerator is operating; third that ashes are hauled away from
the incinerator, and fourth on trash pick-up, street sweeping,
and so on down the line; and we had --we changed it a little bit
recently; I'll use the numbers we had --we had about sixteen
garbage routes. We have seventy-four pieces of garbage collec-
tion equipment for that purpose. We had fifteen pieces of equip-
ment down one day and one route didn't have a garbage truck, so
we immediately picked up'one of the open bodied trucks from the
rubbish collection. On Mondays, we experience a problem of
personnel not available for all of the routes. One driver and
four pick-up men. We would again go to the lesser priority area
and pick up the people to make sure that we had the equipment
and manpower to pick up that garbage every single day, no matter
what the conditions were. That same kind of an approach --and I
said it's a crude illustration as far as the Police Department
is concerned --as far as supervision is concerned there are
priority areas within the Department where we must do the shift-
ing and manage the department in such a way that we can shift
sergeants and lieutenants and captains, if need be, so that we
have a manning table for that function ard it is carried out on
a day-to-day basis. We are going to have to review within. the
department all of the operation sections, and this is almost
going to have to be done on a man by man basis with every single
position to ---
Mayor Ferre: You are now beyond communications now. Ybu
are on another subject.
Mr. Andrews: Yes, I am in the area.of supervision and types
of duties people are performing and the necessity of those
duties to re-evaluate and reassess what we are now doing to get
that well established for the way we now operate the department
with the tools we have at hand. We are going to be operating
differently when we get into the new station and have new equip-
ment and different equipment than we now have we will change the
p rocedure.
Reverend Gibson: Are you telling us, based on the problem
that keeps cropping up, based on what we hear; when did you say
the police station is going to be ready?
Mr. Andrews: It should --our bids, Father, are when the
contractor signs his contract the construction should be com-
pleted in fifteen months, and I would say that's about a month
off. And I am giving the benefit of the doubt as to when con-
struction is going to be completed and when we will occupy it;
so it could be eighteen months, but I am saying for talking pur-
poses two years.
29 OCT 241974
Reverend Gibson: So you are really talking about two and
a half years. Is that what you are telling me?
Mr. Andrews: I hope it's a year and a half.
Reverend Gibson: Well, don't push yourself. You are
talking about two and a half years. You know I did a little
bit of building and I know what can happen. I'll tell you what
I saw happen to me. Maybe they will treat you better than they
treated me. Let's say two and a half,years. But you are telling
me, standing there now, that based on what the howl is in this
city you are saying to me that we could wait that long?
Mr. Andrews: No, sir. I am saying that we are going to
Start right now.
Reverend Gibson: Well, OK, let me make sure I didn't hear
you right. You said when we get in the new building.
Mr. Andrews: May I understand clearly what your concern is.
Let's see if I can interpret what your problem is. We have got
two concerns. One is when we occupy the new building with the
new equipment we are going to have to change our present procedures,
whatever they are, to the new equipment that we are going to have.
I don't want to wait till we get the new equipment. We have to
examine what we are doing right now and make some changes, and
almost as an example, every person functions within the police
building itself; the complement of people there; the civilians,
the dispatching clerks, the communication clerks, the officers,
the sergeants, lieutenants, captains and majors; we are almost going
to have to go position by position to find out what they are doing
and how they are doing it so that we can evaluate their perform-
ance and the necessity of having that person in the station;
should that lieutenant be doing work in the station, the staff
work, or should he be out in the field doing supervision?
Reverend Gibson: A11 right,
I trust -- I understand what you
this isn't two years hence; this
Mr. Andrews: Ybs.
let me utsk another question.
say. So you are saying that
will start apronto.
Reverend Gibson: So that my mind can be relieved somewhat
I take that all that you are telling us you have discussed this
with the Chief and his first. and second men.
Mr. Andrews: Really, I have not spent too much time with
the Chief on this subject. I have come to these conclusions
myself.
Reverend Gibson: That isn't what I asked you. I take it
that you have discussed it with the Chief and his first and
second men, briefly.
Mr. Andrews: I discussed it.
Reverend Gibson: Did they raise any objection?
Mr. Andrews: No, sir.
Reverend Gibson: I hope --and the Chief is here, so that if
you are having any problem innanswering this, or if he is having
OCT 241974
any problem with your answer as of right now, Mr. Manager, I
want you to give him immunity to answer; you tnderstafd? You
have discussed this with the Chief and his first and second
men.
men.
Mr. Andrews: More with the Chief than his first and second
Reverend Gibson: They have not expressed any objection?
Mr. Andrews: No, sir. In fact can say quite readily
that they welcome it, and because of the peculiar and particular
combination that we are going to use. We are going to start out
by using some of the staff of the police administration, staff
from my office, and I am going to try to take advantage of the
SRI and the Booz Allen people if I can to assist us in the method-
ology. We have also developed within our organization, which we
will be hearing something about today, some very capable City
employees who are now management analysts; who have beginning
skills to assist to get into this area.
Reverend Gibson: I just want to make sure, now, because
I am going to lock that in here. All that you are telling us;
that the Chief understands and he agrees; you and the Chief and
men under him are going to give us this proposed forecase result.
Now, Mr. Andrews, I want'to ask another question. This may be
premature, but since I don't know any better it won't hurt me
to be premature. The Mayor, for the past several months has been
asking the Chief to come and to make a report, and so on, and then
we have got those reports. Is it necessary at this very moment
to have any legislation, resolution, ordinance passed to enable
you to run this Police Department of the City as in your judgment,
since we have to hold you responsible, necessary to run it?
Mr. Andrews: No, sir.
Reverend Gibson: So then we can say now, from now on, that
that you don't get we don't get; that we don't get is what,you
don't want to do. Is that what you are telling me?
Mr. Andrews: Yes. But Commissioner Gibson, apparently Mr.
Plummer, Mr. Mayor, has some reservations, and rather than not --
I'd like to hear from him, because we are talking about ---
Reverend Gibson: Yes, let's hear his reservation, because
we are saying here ---
Mr. Andrews: May I speak to what we are talking about first.
Remember we entered an area of supervision and performance; what
pople are doing; when they are doing it; why they are doing it
and how they are doing it, is the area that we are talking about.
'I hope that's what he is speaking about, because that's what I
am speaking about.
Reverend Gibson: I said we were in a process of talking
about supervision, and I led you down a course of events using
patrol as an example of where more supervision is needed, and
broadened that to include concerns about supervision within the
balance of the department and the utilization of the employees
in the department; that the only way to get at supervision is
31
OCT 241974
to begin methodically going through the whole department and
find out why people are there; why they need to perform the
function they are performing; who is supervising them; for
what purpose; what are they producing that is needed for the
department to operate. And you have to do this by maybe start-
ing at the very top and going right down, or starting at the
bottom and going to the top, depending on the methodology that
you use. But that's the area we were discussing.
Reverend Gibson: Well, you see, Mr. Andrews, let me kind
of explain Theodore. I have -- my mentality is rather low. I
am willing to admit that. Nobody has to tell me that. I want
everybody to understand that I understand my mentality is low.
What I am saying is this: I am not concerned about steps one,
two three and four. lam concerned that you are now telling us,
and if this is not what you are sayinc:, I want you to address
yourself to the issue. I am concerned that we get the finished
product. I want to make that clear. If you have to change the
right arm to get the left arm to get to the door, or if you have
to take off the head so that you could get through the door, or
the foot so you could get through the door, I want you to explain
to us. That's the only way I understand. When the Bishop
gives me a church he says, Father Gibson, so many members are
purported to be in the church; so much is the budget; I expect
you, there are some disgruntled there and they are not going to
be hearing your sermon too well and loud; you now must structure
that sermon so as to convert, cajole, persuade and finally get
them into the kingdom. Now, if we ain't getting that far all of
this is just an exercise in futility. You understand what I am
talking about, because, Man, we can't go through this every
other month or every two.or three months. Let me tell you where
I stand at this point. 7 think that if there are any prohibitions
you ought to tell this Commission. That's what I want to hear
this morning. I want to hear what are the inhibitions and prohi-
bitions, and if there are some tell us, man; let it hang out.
Mr. Andrews: I am not aware of any at this stage.
Reverend Gibson: Beautiful; that's all I want to hear; so
when we don't get results we have nobody to blame but the Manapr.
Mr. Andrews: That's right. And I think when I gave the
answer that I was assuming an area of responsibility that this
would be conducted. What you have to appreciate, though, is I
may not be the best City Manager to articulate all of this, and
I have limitations, but I think I have capability in this area
that I am going to do it honestly and sincerely, and I think it
will produce results. It may not produce the results exactly the
way you would like to have them, but that's a judgment factor
that you will have to exercise at the time those results are pro-
duced. But there is no doubt in my mind that this can be done,
and I see nothing that keeps us from doing it.
32
OCT 241974
Reverend Gibson: So there won't be any misunderstanding,
there is nothing between Gibson and the Manager•. i am getting
the Manager on the record. Listen to this: Thu now admit in
the presence of the public that there are no inhibitions nor
prohibitions that would keep you from doing what you have in
mind so that when the judgment day comes that you can't say to
us, well, you know, I didn't have this, or you know, this was in
my way. Is that what you are telling me?
Mr. Andrews: That;s right.
Reverend Gibson: OK, we are in business. We are together.
Mr. Andrews: This is dealing with the people within a
department in terms of evaluating what they are doing; when
they are doing it; how they are doing it, as I described to you.
Mayor Ferre: Now, Mr. Andrews, my addition to Father
Gibson's comments, and yours, is I have no qualms about your
capacity to articulate, which I think you do pretty well. I may
have questions about what you are articulating about, because
where I am going and the problem I am laving is that I have no
doubt that the discussion as to the types of ballistics used is
very important. I have no question about it. Or the type of
caps to be used. But that's not what this is all about. There
is a lot more involved than the type of caps. I don't want to
hear about tlhe type of caps that the police officers wear. That
is not the kind of a problem that this Commission is going to get
into. But I do want, since we are talking about communications,
I do want to remind you and on the record now tell you that, for
example,this is the type of problem that I am concerned about;
and it is a statement by Courtney Sikolof, Field Representative,
Southern Field Office of the U.S. Commission on Civil Rights.
He came down here --and I told you about this meeting and asked
that you have someone present at that meeting. This was a public
meeting of the Florida Advisory Board of the U.S. Commission on
Civil Rights. Friday, two weeks ago, held in Miami, and this is
a statement that was taken off the tape recording at that meet-
ing, and it goes as follows: As of October lst, '74, there are
eighty blacks, a gain of two over a year, and a loss of one from
May, '74 figures. In our conversations the court order does not
appear to have solved the problems of these internal relations.
Two Assistant Chief feel practically that the City Manager has
the responsibility. One doesn't sense a sense of commitment, nor
of urgency of the situation in these Chiefs. They are not very
familiar with the court order, and not sure that the Spanish
officers would be recruited in proportion to the population, but
they suppose so. That's what I mean about communications and
leadership and understanding; so what the heck is going on?
Mr. Andrews: Mr. Mayor, I am going to ask you, if you have
to delay some of the matters that are on this agenda, because
we don't have to meet until three o'clock in the afternoon, that
rather than limit this to eleven o'clock I'll stand here and
continue to give you that information, because I plan to cover
that area.
Mayor Ferre: That's a lot more important.
33
OCT 2 41974
Mr. Andrews: Yes it is, but I didn't want to come here
and not give you some of the minor things, too, that I uncovered --
and I realize that you are not going to get involved about caps
or bullets, or anything ---
Mayor Ferre: Can.t we get into some of the major things,
and then get into the minor things this afternoon. Let's get
on to the nitty gritty now, Mr. Andrews,because I think, you
know, it's fine for us to talk about some of these minor things,
but I think this is a serious matter and this has been pending
now for six months, actually a yea:, since last November, at
least since I have been involved. It has gone back and forth
and back and forth and we keep talking about these things, and
we get all these accusations that this is all politically moti-
vated, and all that, and I just, for one --and I guess it is time
for me to make this little statement
t
34
OCT 241974
410
Mayor ?erre: (Continued) the`accusations that this is all
Y C )
politically motivated and all that and t for one, and I guess
it is maybe time for me to make this little statement now and
just get this off my chest.; My concern in this whole thing is
the City of Miami Police Department and the way it services
the citizenship of this community.. Now let me tell you, I
just want to make two or three basic statements on this whole
thing. (1) I'm not taking any sides or I don't espouse any
causes, I don't represent any group and I don't want to and I
don't think that is my job as Mayor of Miami. You know Rabbi
Landau the other day made a statement, Rose which I've really
been thinking about in this last few d-iys. He said, 'Before
there is justice you have to have trut.1.' Now I'm not con-
cerned about who is going to come out of this thing on the
right side and who is going to come out on the left side -
let the chips fall where they may - that's not my concern. My
concern is that we have the best possible department that money
and effort can attain, whatever moneys and efforts we can put
into it and the names of the people involved like you are com-
pletely insignificant as far as I'm concerned at this point.
Now I happen to believe that there are problems within the
department and I happen to bel ieve that there is a problem
with the leadership in the department. Now I'm sorry, those
fears and those concerns of mine have not been dispelled by
recent happenings. Now I think we've got to address ourselves
to these issues. I think we've got to face these square be-
cause I'll tell you not only are the citizens my concern but
I'm going to tell you, and this is a personal opinion. In my
opinion the vast majority of the police officers in the City
of Miami are absolutely tremendous human beings who are risk-
ing their lives every day who are servicing the public who are
doing the job who should be getting more of the respect that
they well deserve and have earned and I think that because
there may be a few bad people within the department that we
should be very careful that this does not in any way taint the
majority of those people who are doing a good job. And the
sooner we get down to that and the sooner we get down to clear-
ing that up and clearing up who and the discipline and how it
functions and what the results then the batter everybody is
going to be, the men that are on the department, the leaders
that are involved, the people that are being serviced. And I
think with all due respects to you, I don't want to hear any-
more about what kind of police caps and what kind of ballistics
that we're going to use in the Police Department. Let's get
down to the nitty-gritty of this problem.
Mr. Andrews: All right. Mr. Mayor and members of the commis-
sion, let's start with the Black officei court case. This has
been a significant impact on the department whether we want
to believe that it has or has not. It is of major concern to
the employees within the department. It is a major concern to
this City Commission and to me and to the community. The imple-
mentation procedures that have been spelled out in the court
order require that within a given length of time that insofar
as the Black officers are concerned that there be ethnic repre-
sentation in the department within a certain period of time
and without having the court order before me, from my memory
it was five years that certain other things should be achieved
immediately. The promotion of the Black majors, as much as I
like Lieutenant Smith who became Major Smith,personally I
had the pleasure of working with Major Smith when he was in the
City Manager's Office and worked very closely with him for a
length of time. Nevertheless, the procedures that were used,
the procedures, not the person used to promote him from lieu-
tenant to captain when throughout the department's, I won't
OCT 241974
40
1101
_
say its entire history but for the most part Majors are PrQo,-
moted from Captains was a demoralizing thing and I knew it
would be at the time that we made a decision. Now we can do
all the talking we want. We're not going to wash away that
fact. The employment of the University of Chicago that fol-
lowed, and I'm only using them in symbol. They're a fine
group of people, they're trying to do the proper kind of job.
The procedures that they must follow under the law inorder to
process the preparations of examinations; I was on the tele-
phone with both Dr. Melanie Baer and Mr. Fox at length yester-
day to try to uncover if there were any ways that we could
back track on a very serious problem that is occuring in the
department that's misunderstood and we had might as well start
talking about it because this is the thing that leads all the
areas that the Mayor is addressing himself. And I have five
such serious problems all different that are what I beliete
are really creating the problem within the department. It's
not the caps and the guns and that and the ammunition, I have
to agree with that. But inorder to show you; that I attempted
to go the full spectrum I started out with that and like a
crescendo, waiting until I got to these areas. I've skipped
over some other areas and I'm addressing myself to five areas
now and the first one is this Black officer court case. Now
you've got to recognize that there is a process that's happen-
ing that has the Police Department very upset.
Mayor Ferre:
Mr. Andrews:
case.
Are you talking about Officer Cook?
No, nothing to do. This is the Black officers'
Mayor Ferre: Oh, I didn't understand. Listen, and just for the
record because there may be some misunderstanding -you know I
sent you a series of questions on Monday. Now I do not ex-
pect you to answer those questions today obviously because
they are much too complicated to answer in four day:.
Mr. Andrews: Yes, sir.
Mayor Ferre: And I hope you understood that when you received
i t.
Mr. Andrews: Yes, sir. There was no problem whatsoever in
my understanding there.
Mayor Ferre: All right. You know sometimes in some dark room
in this City there are confusions about facts.
Mr. Andrews: Yes, sir. There is a very serious problem and I
want to describe it to you and I want to start out by saying
that I took a rather autocratic dictarorial approach when that
order first came out for the Black officers as to the Cityo
Manager's role. I interpreted the City's, the court order
which placed the City Manager in full control of the full im-
plementation of this process and I had my own ideas as to how
this was going to come about. It was later discovered mid-
way in this process and we had some serious arguments here as
to how this should be accomplished and at that point the City
Attorney informed us that his legal interpretation of the City
Manager's role in this matter was one to make sure that those
agencies within the City that were charged with the respon-
sibilities that the court order pointed out that they were ac-
complished, to make sure that they were doing what they were
supposed to be doing, that they were reacting to that area and
that changed my role considerably. But nevertheless, I still
36
OCT 241974
•
tried to use, 1 hope no influence u . but suggeetions, Now the
problem that we have, Mr. Mayor and members of the bommission
is that the processes that the University of Chicago are going
to use, they have formulated 200 questions or there about that
they're going to use on the sergeant's exam and a separate set
on the Lieutenant's exam. Let's talk about the sergeant's. It
is equivalent to the lieutenant's in procedure. The Black
officers, the Latin officers and the Anglo-Saxons within the
Department; I'll classify ever!'one else as Anglo-Saxo); within
the department who are going to take the examination ..ill take
it. Study materials have been furnished. After they take the
examination the University of Chicago is going to go back and
look at all of the Blacks and all of the Latins and all of
the Anglo-Saxons and they're going to examine the questions
and it is a little more complicated than this but I'm going to
simplify it. I frankly don't understand every bit of it and
I don't expect to. That's why we have professionals but enough
so that I can pass judgement on it. When the examination pro-
cess is finished prior to the establishment of the register the
University of Chicago is going to go in and look at the quest-
ions and say well if 80% of the Blacks missed question 199
that question is eliminated. If 80% of the Latins miss quest-
ion 130 that question is eliminated. There is speculation in
the department as to these procedures. They are new, they
don't understand them. This has never happened in the past
and what the problem is is the fear that there is some sort of
manipulation that will take place in creating the registers.
I can understand their position and I'm trying to not influ-
ence but persuade the University of Chicago to use some other
process where this doesn't occur where the examination process
is clean. These people are professionals and one of the best
qualified in the United States and we should rely on their
professionalism to assemble the questions so there is no ethnic
bias to begin with and then ride on that. If we change the
ground rules we don't have these registers for two years. It
will be for one year and when we get through with the examinat-
ion process, in my judgement as a layman in this area. It
should stand with that and the register should be established
and then
Mayor Ferre: We're not going to allow any questions at this
time. I'll recognize you later on but let's let the Manager
finish.
Mr. Andrews: So this is a very serious area that needs reso-
lution. Now it is one of the major areas of concern in a
department as to this process and it is one that is causing
division in the department which is another matter I want to
get into as part of these five or six important areas.
Mayor Ferre: Mr. Andrews, excuse me. It is 11:15 and this is
not a distructive criticism, this is, I hope a constructive
criticism. You know you start out this morning by saying you
thought your report was going to take an hour and I didn't
want to challenge you but that seemed completely unrealistic
when you realize the severity of this matter. This is some-
thing that is going to take five or ten hours not one hour.
You alone have been talking well over an hour and you're not
even what, half way through?
Mr. Andrews: No, I'm better than half way through now because
we're getting down to those areas. I didn't anticipate spend-
ing as much time ors
Mayor Ferre: I'm sure you have another half hour to go.
37 OCT 241974
410
Mr. Andrews s Oh yes. A little longer.
Mayor Terre: We've really controlled ourselves, some of us
haven't asked any questions at all.
Mr. Plummer: Mr. Mayor, may suggest that we look at the
remaining portion of the agenda for this morning. If We t uld
take and get the Manager to defer item 7 we could handle 6,8,9,
give out the proclamations real quick like because we're not
scheduled until 3 O'Clock at Steve Clark Park and maybe we could
go until 1 O'Clock here if we could get these other matters
out and not hold the people. If we could get these other
matters out and not hold the people, if lyou want to take 20
minutes to do that.
Mayor Ferre: Are you agreeable to that, Mr. Andrews or would
you rather
Mr. Plummer: It makes no difference to me, I'm just offering
it as a suggestion so we can continue.
Mayor Ferre: Would you rather continue or
Mr. Andrews: I would rather continue. To break this off at
this point I think would be bad and with your indulsence and
those in the audience, this is so important to you and the
City and police officers and the community
Mayor Ferre: Paul, again, in the future when something is as
important as this we shouldn't have a report where you go for
an hour and then you break off for two little items that nobody
really.... And now at 11:00 we have to break off again or
antagonize a lot of people who are coming to protest or be in
favor of 3326 Mary Street and the other things that are....
How many people are her on Item #6?
Mr. Simpson: The applicant, it is just an extension c a var-
iance.
Mayor Ferre: All right. Item #7 is the management.... Is
there anybody here on #8?
Mr. Plummer: Eight and nine are second reading. That's why I
suggested what I did.
Mayor Ferret Theti the only things we have to worry about are
the presentations at 11:30. All right, Mr. Andrews, go on.
Mr. Andrews: All right. The next matter
Mr. Plummer: Now wait a minute, are you going to move off the
University of Chicago?
Mr. Andrews: Yes.
Mr.. Plummer: Mr. Mayor, do you wish at this time to hold the
matter or ask specific questions or do you want us to go ahead
and let him finish?
Mayor Ferre: Well, the way the Manager stated that he wanted
to make his statement in a general area and then we could ask
questions.
Mr. Andrews: You can ask questions.
3'
38
OCT 24 1974
41
Mayor Ferre: If you have (petitions on this item then go ahead
and ask them.
Mr. Plummer: Mr. Manager, is there any truth to an area that
Seems to be a great concern to the men on the street; 1 under-
Stand that Federal Grant money was secured to hold a school
to prepare people.to take the examinations. *s that correct?
Mr. Andrews: Yes. I was just going to get into that right now.
if you want to wait a minute I'll be describing that but if
you have any questions on the Black officers court case that
is a separate matter.
Mr. Plummer: Well, it is part of the court case.
Mr. Andrews: It is related that's why I'm taking Ulis one
second.
Mr. Plummer: Ok. Go ahead.
Mr. Andrews: Now the second matter which is related to the
Black officer court case but is a separate matter. These are
all inter -related. The $300,000 L.E.A.A. Grant of which Com-
missioner Plummer is about to raise questions, this is another
area that the officers are extremely concerned and we are too.
The problem that we have is that the officers have not been
made to fully realize that everyone in the administration in-
cluding the City Manager, and I know I can speak for the City
Commission, is trying to treat the officers within the Depart-
ment with equal concern and there have been some concerns ex-
pressed as to the way the announcement for the preparation of
the classroom activities was handled in that the emphasis of
the Latins and Blacks is on the recruitment area and the rest
of the emphasis of participation within a department should
be for everyone. Agreed, there has been some steps taken that
would have been, that should have been better taken and I can
tell you what took place. Initially to make sure that the
Latin officers and the Black officers were involved telephone
calls were made to those officers to make sure that they re-
sponded. When this was discovered as to what was happening a
decision was reached that the bulletin process that I was de-
scribing to you that this all ke laid out in a bulletins and
that everyone be made aware simultaneously. There was never
any intention that anyone would be excluded.
Mr. Plummer: You're missing the key point. The key point that
has caused the problem and the concern and the tearing apart
in the department, tell me what day that memorandum was put
on the board.
Mr. Andrews: I have that somewhere in my files.
Mr. Plummer: I'll tell you - the final day of being able to
apply. That's when it went on the board.
Mayor Ferre: Well then I'll tell you if that's the case then
that is completely wrong.
Mr. Plummer: You'd better believe it is.
Mayor Ferre: Now I think you ought to extend the time.
Mr. Andrews; Certainly.
Mayor Ferre: That's completely wrong. That doesn't make any
sense.
__9__ OCT 2 41974
Plwnmer: the Black% and the Latins got personal phone
� � p
call and the + sy that he memorandum went on the bulletin
board was the final day that they could apply for thisssohool
and it was all over and some lf them were even told as 1 under
'Stand it that the classes wer! full.
Mayor Ferret Be that ai it may Excuse me
for a moment. Be that as it may, as X understand it there
were 45 non -black, non -Latin applicants, Is that correct?
Mr. Andrews: The last figure I had and i had asked Mr. Parades
who is not here this morning to up date the information, there
were 150 Anglo-Sasons, 30 Black and 30 Latin.
Mayor Ferre: Ok.
Mr. Andrews: But that's not an updated figure.
Mayor Ferre: I might say that it is not, that's not too back
a proportion even though...
Mr. Andrews: It is representative, I think of the department
and it may be weighted a little bit on the Latin and Black
side.
Mayor Ferre: Even though that doesn't in any way negate
Plummer's point in rightness, and we're looking for rightness
in everything here.
Rev. Gibson: Mr. Mayor, I want to make this observation - I'm
sure you all don't expect me to make this but I'm going to
make it anyway. J.L, that points what's been happening all
my life. You know? That the boys who preside at burial are
usually decide who come in next. You know? Yeah, man! Yeah.
And all I'm saying is I hope if we do nothing else we now, we -
Black and I from the Commission seat would indicate to America
what has been happening to us all these years. And you see
when you give me a little preferential treatment, you see, you
didn't have to call my white brothers because they were run-
ning the thing and they told it. And now, you know because
the affirmative action says you can no longer assume... It says
you have the affirmative responsibility and committment if
you're going to get that money and if you're going to stay out
of court to get out there and show. Now I don't agree that
you should tell my white brothers at the last minute. I ain't
for that. But I just thought I had better kind of expostulate
you know so that you all could understand how I've been feeling
all my life, man. Right on! Go ahead, Mr. Andrews.
Mr. Andrews: Well, this I think once again demonstrates that
those particular areas within a department that are of serious
concern to the personell of the,. department and that ha^ to be
a concern of the City, that some other ways of communicating
in these very serious areas has to be achieved other than just
the written word or other methods. I think we once again have
to once again go to some form of personal contact through
group meetings scheduled on the basis for the purpose of im-
parting information and answering questions. I don't know
which one of these two areas to take first. I'm going to take
the one equally important, and I can't say which comes first
the chicken or the egg in this case but there are those in the
department who are concerned about the fragmentation of the
department personnel into various groups for special interests.
The police personnel have so much, if I can use the expression,
going for them at this stage. When you think about pay, fringe
40 OCT 241974
benefits, equipment, a $20,000,000 bond issue, a new police
station, modernization we hope of the techniques we use for
gathering infoihnation, 4/e paid attention to uniforms. The area
where the serious stres;es occur now is in a very minor area
and one in which there'd a great deal of misunderstanding.
When I talked to the representatives from the employee organ-
izations and I wasn't going t, say this at first and I rarely
ever, And I didn't tell them I wasn't going to say this but in
my own mind I wasn't going to repeat this but this turned so
serious that I think I should expose what I told to them.
That they also have an obligation to this City and to the
employees and they should be charged with some of this prob-
lem that we have by at least doing this. Those people should
be talking to their constituency and start counting their bles-
sings a little bit and let's start getting some of these groups
together and let's start talking about the problem. They're
policemen, they..knew what they were getting into when they
got in the department. They're serving the public. They're
getting good pay. They've got good fringe benefits. They've
got people who are concerned about them and we're divided on
some issues that are steeped more in misunderstanding because
we haven't really fully realized that the impact for one thing
of the law and its requirements and that which we're obligated
to do and maybe we should be doing it morally whether we had
an obligation or not. This is an area that we talked about
before we hired the University of Chicago in this Black court
case. And the sooner we, in a sense, all grow up and begin
to recognize this the sooner we're going- to make some improve-
ments. And I don't care what this City does through the City
Manager, the Chief of Police, the Commission or anyone. If
we don't stop this fragmentation within the department we're
never going to have rest. We're going to have continued prob-
lems.
Mayor Ferre: What you're saying, if I can paraphrase it is
that we're a country of laws and the laws have to be maintain-
ed both outside and inside the department. Is that what
you're saying?
Mr. Andrews: Well more than that. We have to have better
understanding of what those laws are. Part of the confusion
is because I don't think that the real impact of equal oppor-
tunity and the real impact of civil rights has hithame. We
relied on other kinds of criteria, Civil Service Law as to
the rights of the employee. And we're jeopardizing that and
I think there is some confusion there and that's some of the
problem within the department as far as the employees are
concerned. They are fearful, Mr. Mayor and members of the
Commission, let's look at what we've got. We've got a majority
of Anglo Saxons who have joined our department to serve for
25 to thirty years. Their intention is to come in and estab-
lish this as a career. If that is in jeopardy in some way after
they've come to the department they've got concerns and until
we demonstrate to them and they begin to realize that their
career potential with the City is not jeopardized through these
efforts that what we're.talking about mainly, mainly in hiring
and promotability of everyone from within we'll begin solving
some of these problems, not all of them.
Mr. Plummer: Paul, I just can't help but let it go by. Why
we don't have a single problem to my knowledge in the Fire
Department? We don't have any unrest. We don't have dissent -
ion, We don't have any of these problems in any other depart-
ment. Now Paul, something is wrong.
41
OCT 24 1974
i
Rev. Gibson: •Mr. Andrews, don't let him get you on the spot.
Let Me answer that. for you. You know J.L., I want to help
him. He's pry friend. J.L., I don't know that gentleman right
there. Row many Mack firemen do you have? Four. How many
Black policeren do you have?
Mr. Andrews: Seventy-eight or so.
Rev. Gibson: All I'm trying to say is that J.L., I understand
what you're saying but you see, you ain't dealing with the same
number of applicants. You see when there are just two or three
of you you ain't threatening nobody. Do you understand? You
see I know these answers. I think I do.
Mayor Ferre: Let me paraphrase Plummer's question and let me
ask the question in another way.
Mr. Plummer: When did Plummer need an interpreter?
Rev. Gibson: Mr. Mayor, I want to go a step further.
Mr. Plummer: Paul, when they're all through I'd still like
you to answer my question.
Rev. Gibson: Ok, I'll bet you a dollar to a doughnut J.L.
and I'm not a betting man that the problem gets to be accent-
uated when you're dealing with numbers. That's where the
real rub comes and if Mr. Andrews doesn't say that then I
know from that he is not aware. The other thing is thank
God that we're having an open above board discussion which
should have been done at the very beginning. I have said
time and time again there needs to be a conscious recognit-
ion. Now Sidney Aronovitz will always live with me and I
want to repeat what he said. A lot of people may not want
to hear him but I liked the man because he has taught me this:
Where there is a will - there is a way. And if people who
are involved have a will they find a way and I would say for
everybody that works for the City; this is '74 brothers.
This is '74 and the hour is late and we ought to start getting
the will to do that which is right. Now since I answered for
him and that wasn't the answer, please answer
Mayor Ferre: No, I want to now, not for Plummer but for Ferre.
Ok? Paraphrase what I understand is the crux of the question.
Let me put it in another way. We have noticed in the last
couple of months a process of hiring in the Fire Department
of minority groups. As I understand it is a very successful
program and that it is going along very very well 4.id that
we haven't had any problems and that it has the full sponsor-
ship of the leadership of the Fire Department. Is that cor-
rect?
Mr. Andrews: That is correct.
Mayor Ferre: All right. Now let me ask the question this
way. Then do you feel the same way about the same process in
the Police Department?
Mr. Andrews: Yes, sir. In fact,
ments to meet with the man who is
is that has been brought here to
spend time with him so that I can
this recruiting process as far as
concerned.
42
I've already made arrange -
from New York or Wherever he
assist in this so that I can
became directly involved in
the Police Department is
Mayor Ferre: Well there is a divergence of opinion frog
yours on that matter.
Mr. Andrews: Y didn't understad that.
Mr. Plummer: you see, you still haven't answered the question.
Mr. Andrews: Well, I haven't.. I'm going to address it but
1 want.
Mr. Plummer: Let me pa^aphrase Plummer. Father, I like what
you say but I think mine_ hits it more on the head and I have
always said the fact that reasonable men can disagree but they
don't have to be disagreeable. Now what I'm trying to say Paul,
and let's play a number's gamj if that's what father would
like to address himself to. We have roughly 695 firemen. Is
that correct, 660, 670? In that general area, a damned big
group of people. Now, I'm not speaking just to the Blacks or
to the Latins. I'm speaking to the department in general.
We never have before this Commission cropping up problems
about equipment, probletfts about a building, problems about
dissention among the men, problems of the men tearing down the
chief. We don't seem to have those problems. We don't seem
to have those problems in any other department that has been
brought to my attention. But we do have them in the Police
Department. Why? I would ask the courtesy, Father please
to let him answer.
Rev. Gibson: Yes, let him answer because I can't let this
Commission off the hook. Man. I've been quiet all during
this whole thing and I've dec:_ded that since we're letting
it hang out; let me tell my white brothers what I'm saying.
And I want him to answer you. But Mr. Andrews, I want to make
sure when you answer him you address these two things: I want
you to address it in the sense of time. No, I tell you what
you do, answer Plummer's question and then I'm going to ask
my own. That is the way I ought to do it so then I'll have my
own. Go ahead, for the record.
Mr. Andrews: I guess no matter how I answer the question I'm
in trouble. I can tell you one thing from my personal know-
ledge to answer your question with reference to the Fire Depart-
ment and the fact that it has not had a problem is because for
the past 5115 years there are perhaps however feeble however
awkward however poorly this was done there was an effort made
to get more blacks into the Police Department and the Police
Department, unfortunately is the only department where there
has been a major ethnic change, one that didn't exist for 15
or 20 years. They're bearing the blunt for the rest of the
City and the rest of the City is learning from their experience
and we're all learning through this process what to,Ao right
and what is wrong. I'll bet that from here on in when we get
through all this we're going to have a lot better experiences
and I'm sure the Fire Department is capitalizing and I don't
fault them. In fact, I give them credit for not doing it some
of the ways we've done it in the past. That's why we're going
to take the experiences that they're going through right now
and they're not only going to apply it to the Police Department
we've got to start doing it to Public Works, to Parks and Rec-
reation, to all the other departments in the City. Just be-
cause we have a court case and we have these laws doesn't mean
it is just restricted to the Police Department. The people
that Mayor Ferre is pointing to, the Commission that is here
examining the equal opportunity, they're interested in the
Police Department but they're interested in a total City of
43 0CT241974
11,
Maim Now 1 haven't answered your. queation directly. I'm
• �►
afraid to for fear that 1'M going to get into another problem
area that 1 can't answer.
Rev. Gibson: I want to make a statement, not answer Plummer's
question and 1 want the public to be ete,naily aware and i
you're not aware of this then we're not dieing honest; you know
we're not cutting the mustard. How many policemen do we have?
Mr. Andrews: Seven hundred Policemen filling positions
right now or positions?
Rev. Gibson: How many men, 'oody?
Mr. Andrews: About 750.
Rev. Gibson: 750. Of that number, how many of thef are Black?
Mr. Andrews: Roughly 80.
Rev. Gibson: 80. All right. I can't figure percentage right
off. All right, let's say that's 10%. Ok. Listen to what I'm
trying to get at.
Mayor Ferre: I'll give you e),act figures this is as of Septem-
ber of 1974, 770, Black 80.
Rev. Gibson: All right. Listen to this. If you have 10% of
Black going into white you have a greater amount of grey - I
once painted when I was in college to help me go through col -
ledge and if you have .6% of 1% and you put that much Black in
white you'll never know that you ever had any black. Now, so
let me reason to %Oat I'm. saying. You see because if we don't
do that makes all of us believe that the Police Department
hasn't done its job and that the Fire Department is so much
better than the Police Department when we have to take into
consideration the beginning point and the starting point.
Now you can't tell me that all these years; I'm a native, 59
years of age; that all for 59 years we haven't needed Black
folk to help put out fire in the City of Miami. Ok? Now it
is fortunate, I think that quite some years ago I remember,
you know when you had the Black patrolmen and you had the
Black precinct that some years ago you had the Blacks going
into the Police Department even though when they started they
couldn't wear the uniform and then they were not ;given guns
and then finally in all of that.... So what we must keep in
mind as we come down to the wire now is that under the cir-
cumstances where you are in '74 you have to take all of these
things and weight them and if anybody here wants to refute
what I'm saying I will ask the Mayor to defer and give you an
opportunity because I know. I know, I was born on 12th and
2nd Avenue Northwest. I am the ghetto. Ok. Rose tells me
that 4 Blacks in a 664 is how much?
Mrs. Gordon: Six tenths of one percent.
Rev. Gibson: Six tenths of one percent. Ok, now you know
they aren't going to create no waves for you, man. Ok. Now
if you have 80 of 750 what percentage is that? You're bet-
ter at that than I am. That's 10%. Now look ladies and
gentlemen what I'm trying to say is I understand the problem
and God knows I am not trying to magnify it but I don't want
us in all of our consideration to be unmindful that those
policemen have some problems extenuating problems and circum-
stances because I happen to know. I am in a church; listen
44 OCT 241974
to this - I of in a church where we constitute a minority.
We just got through instituting a system of rotating men off
the executive board. Well we do it by deanery. There ain't
but one Black clergyman in this deanery so when my three years
are over ;there have no more Blacks to put there. Do you under-
6tand? do r live with the problem and I live with this phase
of the problem and I understand it and all I'm saying is I re-
joice over what the Fire Department has done but even with my
rejoicing I can't be but so proud and then I lament what is
happening with the Polide LDepartment and even with all of my
lamentation I have to have a sense of joy because there is 1O%
over against .6 of 1%. Do you see what :.'m talkirfg about?.
So we've got to look at all of this in the light and dark and
where you have numbers people start feeling that they're threat-
ened and I understand that and I would hope that as we make
this judgement, a value judgement that we make it in the full
recognition, a full consciousness that you're dealing with
numbers.
Mr. Andrews: Mr. Mayor and vaembers of the Commission, I'm
prepared to go to another important area that I want to dis-
cuss with you. There is really two very important areas left
and I want to try to treat both of those within the limited
time we have. Court rulings versus the Police Officer con-
duct and review by Internal Security - this is an area of ex-
treme concern and in addition to the other important areas
that we've been talking about this is another, and I've got
to impress on you somehow, this is perhaps, setting aside for
a moment any problems that we might have as far as ethnic
balance, ethnic representation let's treat everybody alike
for just a moment and hear me out on this particular problem.
The officer who you look to and I look to and this community
looks to to uphold the law is confronted with people who
break the law and who must be arrested for misdemeanors or
felonies. The officer in many cases, and I'm going to use
my hands for illustration, and here is the citizen who has
committed a felony or a misdemeanor. The officer in contact
with that person has to approach, and rightfully so, has to
approach the person with dignity, with property authority in
making that arrest and he believes in the example I'm using
he's made a good arrest. And that person goes to court and
the judication process begins as far as the total criminal
justice process is concerned and that officer much too often,
much too often watches those cases get washed out in terms of
penalties that are administered. Now I'm going to give you
some real good examples that I'm personally acquainted with
over the last 15 years that bring home this point. The officer
on the other hand, over here en this side, he's confronted
with to do his job, and I didn't dare bring in all the mater-
ials that I wanted to because I was afraid you'd get the impres-
sion that I'm overloading you. Tie's got rules and regulations
and these are comples I read through some of them and it really
takes some effort to ul+0*•rstinr,c7 them completely. We have a
set of general orders and these are all printed very well,
everything you're supposed to do, your conduct. You've got
administrative orders. These are departmental. You have
State laws. I was going to bring a state statute book in
here with me. You have the City Code. You have commander's
rules and regulations. You've got federal laws as to the
proper addressing of people so that in the officer's process
of arresting him; you have within a division certain commanders'
rules and regulations for conduct of his division over which
the officers must he careful about as to their conduct. We
are concerned about his appearance. He's had to have his hair
cut a certain way, got to have his cap on when he confronts
u
45
OCT 2 41974
•
this person to make this arrest, if he violates anyone of
these things, R State Statute, the local Charter, our oidin
anew we're very tough on hiT.i. If he makes a minor mistake
we might suspend shim for a day. If he makQs one a little
worse than that we'll suspend him for two days. If it is
real serious it could be 30 days or dismissal for procedural
aspects, not necessarily criminality involved. Now I'm not
saying that we should treat our officers any more lightly
than we .are at this moment and time. What I am saying is the
officer, and he recognizes when he comes to the department
that there is a double standard in our society - one where
the courts are treating the public one way and we in City
government and the community are expecting of the officer
some very high standards. Now, if we aren't careful and I'm
going to c'escribe the processes of violating these procedures
we're going to create a real serious situation not only in
this. community but throughout the country and it is this.
If our total compliment of officers represents 100%, and I'm
going to use fictious percentages to dramatize my point, 15%
of the officers that has 800 people in it because of their
personality, their lack of interest in understanding i,11 of
these guirielines and the law are going to get in trouble in
this process and maybe the percentage is too high. Maybe
it should be 5%. That 5% is reflecting something terribly
on the efforts of the Police Department. I had a very proud
moment in dealing with these police officers because I never
realized what a fine group of people we really have. And we
have 80 to 85% of, our department are fine people as human
beings to begin wit% and we should be very proud that they
serve out City for the amount of money that they receive.
And they understand these laws and they're conducting them-
selves properly. Now we've got another 15% that I say are
hiding. No one ever hears from them. They don't take any
action because to take action means that they set involved.
To get involved means you might expose yourself then you get
involved in this process of violating these requirements and
we don't
46
OCT 2 41974
No one ever really hears from them. They don't take any action,
because to take action means that they would get involved, and
to get involved means you might expose yourself, and then you
get involved in this process of violating these requirements, and
we don't hear about them because they never really get in trouble.
Unless you do some uncovery work as to what people are supposed
to be doing; how they are performing; when they are supposed to
be doing it, we are never really going to find out where they
are and do something about properly evaluating them and either
have them move on or putting their feet to the fire, to get some-
thing done; and they are teflecting c:n this middle, large group
of officers that we have in the department. If we ---
Mr. Plummer: lbu think that's about fifteen percent?
Mr. Andrews: I don't know. I used that only for illustra-
tion purposes. Please don't stick to the five per cent. It's
for illustration. I don't know what it is. There is no way to
really measure that until you get into it. Now, what is going
to happen to us --and I can go back to a study that I was personally
involved in in real depth of the arrest of drunks and other with-
in the City some ten or eleven years ago when we:were in argument
with the County about the County taking over our ccurts, and I
knew the arrest records; I knew everything about what was happen-
ing to our Munidpal Court system, and to me demonstrated that if
we aren't very careful those officers at the latter end of the
scale that I have drawn are going to increase as time goes by,
because the tougher we make it on the officer to arrest people,
and if we don't judge him by his honest mistakes versus those
mistakes that he makes that are of his own doing and are by voli-
tion then we are going to be in very serious trouble, because
more and more officers who see the person on the street where
the case is marginal, that through some investigative work could
be arrested, those officers are going to turn their backs on
that situation and we are not going to have an arrest where we3
should have one. Now this is'an extremely serious area and I
don't propose anything that I can do or the department can do
about this area. I think what the Mayor started the other day --
and I smiled at the time when he was discussing very seriously
with the Commission a proposal that he was going to make--that.I
wholeheartedly embrace --and it is one, Mr. Mayor and members of
the Commission that you are going to have to pay a great deal of
attention to --I think it is time for an honest to goodness blue
ribbon, all citizen committee to do some reviewing of the whole
criminal justice system process. We have got --tie criminal
justice system process is now being reviewed technically by
those who are components, and you have got a planning unit within
Dade County here, but we don't have the kind of civilian process
that we need to say to us if we can achieve it, if someone steals
a bicycle for the first time, should he or should he not be put
in jail.
Mayor Ferre: Mr. Andrews, I might interrupt you to say that
I have written now Mayor Steve Clark of Metro, Judge Crawford,
State Attorney Gerstein, and specifically told them that I think
we need to appoint in each one of our jurisdictions a committee
to --and perhaps start with trying to get some federal grants on
one side to do an in-depth study of the whole criminal justice
system, and on the other hand have a committee that would review
the whole structure and will be an outlet for disgruntled citi-
zens to go to --and this happens to be a personal opinion of mine --
I am against a civilian review board within the police department
47
OCT 241974
as such. I don't think that's the function. I think that has
tremendous potential problems. I think, however, that there
has to be some civilian participation, but that might come
from the administration in the process. There is a big distinc-
tion there. It is a question of peer relationship and peer
judging peer, which I have always been against in any circum-
stance. I think there has to be some civilian participation,
but that does not mean that the civilians are members of any
particular ethnic group or minority group, or representation,
because then you are really going to get into the question of
somebody making a decision because he happens to be Latin and
there is a Latin there to protect the interest of the Latins,
you know. I am completely against that.
Mr. Andrews: I understand what you are saying, and I am
recommending that if such a civilian review board can be created;
that the police department and its activities and functions is
one quarter of the total system. There is a whole court proce-
dure; there is incarceration; there is the matter of releasing
these people,as has recently been accomplished, which I can tell
you is going to have a tremendous impact on the policing here
in Dade County.
Mayor Ferre: That's why I have written Judge Crawford and
the State Attorney and Steve Clark, and I think, and I have
asked that we get together within the next week and talk about
the implementation and the formulation of such a committee, and
I think that might be the place to start.
Mr. Andrews: 1bu have a real serious difference of opinion
between the public concern as to what the department is doing
about treating its officers if they are in trouble, because of
their own actions or if they have made an honest mistake. On the
one hand we have the public who feel we are not treating them
severely enough. On the other hand we have a finding of the
Grand Jury that says we are treating them so tough that --and I
want to quote --sae are treating them so tough that the patrolmen
do not feel they have the support of their superiors; reprimands
are given wit h out adequate basis, and officers investigated by
Internal Security are often made to feel guilty until proven
innocent. That's how, for lack of any other word, I cant to say,
conscientiously the department --no matter what the public thinks
there is a conscientious effort to try to do these things right.
Now I want to try to explain the process that we go through with
this chart --and I have mounted it so that most of the public can
see it.
Mayor Ferre: Mr. Andrews, I am sorry, but we have people
here on some of these items. Now, what do you want to do? Do
you want to keep on going for a while? We have got about ten --
Mr. Andrews: This is the last serious item I have. I have
two minor ones and I can finish up.
Mayor Ferre: Why don't you finish up with this, and then
we will make the presentations of those who are here and have to
go.
48 OCT 241974
Mr. Andrews: I think it is important for you to have
this information, because I have a specific recommendation
that I hope will improve this process. When the City receives
a complaint --can you point to this Mr. Lloyd —that complaint
is screened either by the section or the division commander,
or if the complaint initially is the one that it readily ap-
pears the Internal Review Section should be involved it goes
directly to internal Review, or the section or divis:on command-
er would refer it there. Depending on the finding shortly
thereafter an assessment is made in consultation with the Chief --
and all the lines and possibilities of action here are now shown;
it just shows the main flow of this activity --from Internal
Review a decision can be made that this has elements within it
dealing with criminality. At that point in time, this informa-
tion, even before the investigations are complete, is referred
to the State Attorney's office or the F.B.I. as the case may be.
Once Internal Review has completed its findings it then supplies
the Assistant Chief or its commander of those sections directly
under the Chief with their findings and their recommendations,
and the Chief is made aware of that at the same time. Those
commanders, or the Assistant Chiefs, then evaluate what has been
presented and make recommendations to the Chief. The Chief, in
turn, then refers this to the Department's Disciplinary Review
Board, which was created by Chief Garmire's administration
within the last five years i would say, but now serves as a
model for the new officers bill of rights, which requires that
this process be followed. The employee is informed of the
charges and a hearing is held at the Disciplinary Review Board
and then they take their recommendations and forward them to the
Chief. The Chief, then, with the assistance of the Internal
Review Section and the City Attorney, prepare the formal charges,
and the Chief supplies these formal 4:harges to the employee.
Now here is where the confusion lies. Those charges do not
finally stand until the City Manager approves the final form,
and should he approve those final forms and make no further ad-
justments to the Chief's findings, then that closes the matter
for that moment in time and the matter is not reopened --assuming
there are no criminal charges --unless there is an appeal by the
employee to the Civil Service Board of the findings and the admin-
istrative adjudication of this. This is an entirely administra-
tive matter. Now once again I want to indicate; the Civil
Service Board does not come into action unless the employee
appeals it, and then the appeal process, another area that is
misunderstood, is that the Civil Service Board is a fact-finding
board with subpoena powers and they gather all the facts and
they forward their recommendation only to the City Manager. They
cannot take any direct action. They can't turn to the employee
and say, you are now dismissed, if they make a finding of dismis-
sal. That's a recommendation that goes to the City Manager. The
City Manager, then, at that point, makes a final administrative
determination. The appeal is only to the courts. There is a re-
view process that the City Commission has the privilege of re-
viewing everything that took place to insure, once again, through
the orderly process of the Charter that the City Manager has
reacted properly to these areas, and you have their input as to
how he should be influenced to treat these matters in the future.
Now, the area that is misunderstood so often is there is no where
49 OCT 291974
in this total organizational set-up administratively for the
public to became involved to find out what is going on, and I
am making a recommendation to the Commission that we do have
such a process that we can add to this Internal Review within
the City structure; and that is that blank space the �-e represents
a recommendation I have wherein the City Commission -and we will
help word this so that it will not be misunderstood --the City
Commission could appoint a citizens review board who would have
the privilege of participating in the review process that takes
place at the Department Disciplinary Review Board so that they
are aware of all the facts at that time and they know the Board's
recommendations to the Chief. This would be made up, I would
think, of three people. One you would perhaps want to select
from the Community Relations Board, and then two others that
could be chosen at large from other organizations, who would be,
I would hope, the officers of those organizations, so that they
would be responsible people, and you would have then at least
public awareness --they still are not going to participate in the
final judgment processes that are used --but they will be aware
and have an opportunity through observation and communication,
to be aware of the facts of how these matters are handled, What
the charges are and what the results of those charges are. Then
you would have a civilian process that would at least be more
thoroughly acquainted with the conditions.
Mrs. Gordon: Mr. Andrews, that review board was one of your
recommendations, but at what point other than that is the public
privileged to participate as an observer, or is the press in-
vited at any point to be involved? These are matters of informa-
tion that I am asking.
Mr. Andrews: At the Chief's level or my level? To have the
public or the press enter in before that is so disruptive as far
as this process is concerned, that you can't arrive at the re-
sults that you hope to arrive at honestly and sincerely.
Mrs. Gordon: In other words, where that blank is is not a
point where there would be any more than three people from the
public that would become involved.
Mr. Andrews: That's right; as observers to the process;
and this is really an administrative trial procedure at which
the charges are brought forth; there are witnesses brough there
to ask questions as to what happened, and it's a process that
resembles somewhat the Civil service process, but maybe not quite
as dignified in the sense of the law as is carried on by the
Civil Service Board.
Mrs. Gordon: And that is not until it has gone that entire
other route.
Mr. Andrews: Yes; this is the investigative area. Once the
investigation is completed up there it goes to the Chief. Then
the Chief --this by law now must take place; the review process,
by State law --all of that information is made available then to
that board of five officers, and under the law now the employee
who is aggrieved chooses two from the list that is available.
He doesn't choose who he wants; it's on a selection basis as to
those who are at the top of this list. He chooses two, the
50
OCT 241974
the ---
Chief chooses two --and they come from a list --and under the
law now those four choose the fifth member from within the
department. A11 have to be sworn police officers.
Mrb. Gordon: And those other three would become a part of
that?
Mr. Andrews: No; the law doesn't provide for that. Those
three would sit so that they would have the privilege of
knowing the processes that are being used; all of the informa-
tion that is made available to that five -member board; so they
could sit in judgment of what the five -member board does; what
the recommendations are.
Mrs. Gordon: What do they do after they do all that?
Mr. Andrews: Well, they have now --I realize they don't
have any input, and they shouldn't have any input at this stage.
Mrs. Gordon: What do they have?
Mr. Andrews: What they do have is complete exposure to the
process, and to the recommendations that are reached by the
Chief. After the recommendations are supplied to him it's
public information as to what action the Chief takes, and it
is public information as to the action that I take.
Mrs. Gordon: They have no input; they make no recommenda-
tions; they are silent observers.
Mr. Andrews: Yes; so that they are aware of what is happen-
ing and this is a one-sided communication in which they are
receiving the same information that the review board is receiv-
ing to make their judgments on.
Mr. Plummer: So really what you are saying is that they are
nothing more than spectators, observers.
Mr. Andrews: They are observers.
Mr. Plummer: Because the DDRB has no authority.
Mr. Andrews: That's right. They are a recommending body to
Mr. Plummer: Aren't you a little off base here also; where
you put the officers bill of,rights, it doesn't belong alongside
of the DDRB. It first comes into play alongside of the Internal
Review. That's where it first comes into play.
Mr.
it there
change.
Law.
Andrews: That's right; that's the first step. But I put
to indicate that was a discretionary area where we might
It can no longer be changed now because of that State
The matter was deferred momentarily in order to enable the
Mayor to present certain proclamations.
51 OCT 241974
The Commission resumed its discussion of the Police
Department, deferred earlier in the meeting.
Mr. Andrews: The last two items that I have left. I
would be less than candid with you if I did not impart the in-
formation I have received in these two areas, and I want you
to be aware of them. I did not solicit from the officers an
opinion on how well they thought Chief Garmire and his staff
were performing. I want that understood. I did not bait any-
one, nor did I specifically ask them, how well do you think
Chief Garmire is performing? I waited and gleaned from those
who volunteered this information, and I find that there are some
who think he is doing an outstanding job. There are others who
feel strongly that he lacks the leadership that they need to
carry out the policing activities of the city. There were two
extremes. There were many officers who expressed themselves
this way, voluntarily; that, well they thought the Chief was
trying to do a good job, but I don't have that much contact
with the Chief. My evaluation of this comes from ray contact with
the sergeant, or the sergeant with the lieutenant; meaning that
they had more daily contact with that person and relied on their
communication and their work activities through their immediate
supervisor rather than concern themselves precicely as to what
the Chief's duties and responsibilities were.
The last area that I had --and once again I wouldn't be
fair or candid in this entire matter if I didn't indicate to
the City Commission that there is a strong feeling within the
department that there is certain information that the Commission
receives from its contact with individual employees that can
create the wrong impression as to the problems that really exist
within the department, and some expressed that if they are get-
ting their information from those who are constantly griping,
then you could be getting the wrong information about the de-
prtment
Mayor Ferre: Does that work both ways, Mr. Andrews?
Mr. Andrews: Yes, sir. That concludes what I had to pre-
sent at this point. Obviously this is a long and complicated
process. As I say, I used none of my staff to do this. I did
this personally. I did it as well as I was able to under the
time frame that I had and with the amount of energy that I had .
I feel there is a lot more to' be done, and I propose to continue
this evaluation process as time moves on, and I can formalize
the process more than I have over the last months.
52
OCT 241974
•
as the Manager was giving his report and .hey became so
numerous, I just said let's forget it. Once I get the report
in writing, then I can sit down and formulate my questions from
there. I don't believe this has begun to scratch the surface
of the problem as it exists, and it does exist.
Mr. Manager can you answer for me approximately how long
it will be before you will be answering the Mayor's questions?
Mr. Andrews: I will say that it will be about ten days.
We have a problem and I don't raise this to avoid it. I am
going to answer every one of the Mayor's, questions as wel.. as
I can. I have to consult with the City Attorney who is going
to have to advise me whether it is appropriate at this time
to answer these questions publicly, because we have gone beyond
an Administrative process now, and we have entered into a
judicial process, and if he says it is all right, we will do
it as quickly as we can; but no longer than ten days.
Mayor Ferre: Let me tell you Mr. Andrews that according
to the Charter, Article 14, this Commission has the power to
investigate any Officer, any act, within the City of Miami,
and that I fully intend to use all the powers of Article 14,
regardless of what the City Attorney rules, and I will go to
the Attorney General and the Courts if I have to, because we
are going to fully open this and other matters up.
Mr. Andrews: Mr. Mayor, I didn't mean to imply that
in any way at all. As you are aware, the State Attorney's
office is involved in this. Some of the answers that I may
come forth with -- and I guarantee you they will be sincere,
candid, honest answers to the best of my ability.
Mayor Ferre: There is no question about it.
Mr. Andrews: The reason I am asking your advice for
is in doing so - am I doing something that shouldn't be done
in the judicial process?
Mayor Ferre: I think that question should be asked to
the State Attorney.
Mr. Andrews: Well, I don't know if I should ask it or the
City Attorney?
Mr. Plummer: It is legal what you are telling me is -.10
days from today, so we can then be conceivably be looking any-
time after the 4th of November. Is that correct?
Mr. Andrews: Yes.
Mayor Ferre: I may point out Commissioner Plummer that
I certainly have no intentions of making the Cook case the
only important matter before this Commission. That happens to be
an incident -- it is an important incident where people's rights,
both Officers and accuser - whatever you want to call it. There
are many people involved in this, and there are a lot of rights
54 OCT 241974
involved: but that is not the only thing that we are going to
talk about.
Mr. Andrews: Well, I didn't want to press this question,
but maybe I should ask it now. you raise the point at the
meeting in reference to the question. The questions that the
Mayor is referring to deal with one specific case. What we are
talking about here today istrelated but is another matter.
Mr. Plummer: Let me fray this Paul, as the Mayor has
just brought out, that is ore case. There are a lot more cases
that Plummer is going to go into - both that have been exposed
and have not been exposed. I am going into them. Now, what I
am saying is this: What is the next time frame? These people
are sitting out here and when we walk out of this room to go
to lunch,today, when is this Commission convening again to
deal with this matter? I don't want anybody to point a finger
and say: "Well, they had their show for the Press and now
they are going to forget it." I want to know right now -
when is this meeting going to be called - when are these people
going to know they are going to be back here - and when is this
Commission going to set aside at least one full day hopefully
to deal with this matter again?
Mr. Andrews: I can tell you that from the questions
and the sense of the questions, that I think that I can have
them ready in ten days.
Mr. Plummer: Mr. Mayor - can we then - right now, set a
date and a time so that we are not shirking out duty that the
people know that we are going to go back in this as soon as
possible. I would like to proffer to you if possible, that we
go into this matter as a sole item agenda on November 5th at
9 A.M.
Mr. Ferre: All right - now, J.L. I'll recognize your
form of a motion in a little while to that sense, but I think
now we should let all the Commissioners express themselves and
then we will come back to you.
Mr. Plummer: I am sorry Sir, I will hold my
Mr. Ferre: And then we will come back to you. I think
the way to do this is by -- and you will forgive me -- by
seniority. That is why I called on you first.
Mr. Plummer: Thank you sir.
Mr. Ferre: Are you the next in seniority Father? Rose
is.
Mrs. Gordon: That is all right. Anyone else that wants
to speak. O.K. let me say something that comes from my child-
hood. My mother always taught me that only a fool judges half -
finished work, so I am not going to do that.
Mr. Ferre: Do you think that this is a half finished job?
55
OCT 241974
Mrs. Gordon: No, I just think that we haven't concluded
our hearing. We haven't heard the public speak, and we concluded
it midway because of time. I'm simply saying I'm not really to
make any opinion.
rather Gibson: Mr. Mayor. This is on the general side.
I hope that the Chief and the Manager will understand that even
if he went to the church (inaudible) all of my members are not
going to say he is a great ciuy. There are going to be some
that will say he isn't worn. a nickel - fire him right now:
But I think the overwhel.minc,; majority of the people will say
well I think that he has done a fairly good job. O.K., Mr.
Mayor what I am not certain of is - if you have proferred "x"
number of questions to Mr. Andrews, and he is to answer them,
if you are going to permit the public to debate at this point
in time -- if I can get that clear in my mind, I might be able
to make a comment.
Mayor Ferre: From a practical point of view and again
I don't want to seem critical of the way these agendas are
made, but the truth of the matter is that this is such a heavy
and important and difficult subject, that we really should
have had a full clear five or six hours of discussion. Now
that hasn't beenthe case. Be that as it may, we have got to
follow a 3 o'clock agenda. It is now 1 P.M. I am perfectly
willing to sit right here, like we have done many times in the
past, and have a sandwich right here and keep on going till
3 o'clock, and if that is the will of the majority here, let's
do it. I'm with them - let me finish my point. I honestly
don't think that that is going to be anywhere near enough in
the time to permit the people who want to express opinions,
express opinion, and therefore there is no doubt that we are
going to continue this at some future date.
Father Gibson: O.K. Mr. Mayor - I have difficulty in
hearing the public at this time. If you have asked the Manager
to answer certain questions, the Manager ought to answer them,
and then if they are not answered based on what we believe to
be the fact, then when the puolic debates, the public ought to
be speaking the isssues. The public isn't going to speak them;
the public is going to have a hidden agenda and so will we.
Look brother, everybody who knows me, knows that Rev. Gibson can
speak for himself, so I want you to understand that I am going
to be doing the vote, and I want to make sure -- you see that
if I don't do right for Andrews, I'm not going to do right for
Ferre; and if I don't do right for Ferre, I'm not going to do
right by Lloyd. You understand -- and I'm not going to do right
by you either. O.K. Now, I believe -- and whether we want to
admit it or not, that's why I want to make sure we get the facts,
let me give you a terminology that I want you to listen. The
Cook case is the occasion - not the cause. I want you to hear that.
If you didn't have the Cook case, maybe we won't be where we are,
cause nothing will have come to the front. You see what I am
talking about, so I think out of fairness to Mr. Andrews who is
our Administrator, who has said to us, according to what all the
rest of us have said, I haven't heard to the contrary, well, we
ought to be polite, kind, generous, let him answer. One thing
56
OCT 241974
is sure, if he puts it oil the table, he ain't got nowhere to
run after he put it there s s but if you question him now, you
see, and I ain't speaking for no one but Theodore, I want it
all to hang out in front, so I can know where to go.
Mayor Ferret Now rather, I may say that I agree with
your statement - where your coming from and where you are going,
but I also want to make clear that the whole police Department
does not stand or fall on the Cook case. Now I agree with you,
and I read you and I'm with you, and 1 understand what you are
saying, and I agree with where you are coming and where you are
going. O.K.? But beyond that, I think there is a lot more than
just Joseph Cook and four Officers.
Rev. Gibson: Let me respond to that Mr. Mayor. This is
not a debate between you and me. I want the public to listen
carefully to what I say. The Cook case is the occasion -- not
the cause. It took the Cook case to get us in the open and to
let it hang out. If you didn't have the Cook case, then you
may not have done it, so I'm saying this - I'd like to get it all
hanging out in the line - you know - you can tell I have not
always had those machines that washes and dries. I've known
only the tub and washboard and then hang it on the line -- that's
why I want to wait until Mr. Andrews can answer, and then get
with the business. Now I have spoken for Theodore.
Mayor Ferre: A11 right Father - thank you. Vice Mayor
Reboso:
Mr. Reboso: Mr. Mayor, I think before we make a final
evaluation, I would like to have the City Manager report in
writing. And right now, we have the Grand Jury report of May 21st
and the State Attorney's investigation of Officer Cook dated
October 21st, so I think we need the City Manager's report in
writing - the answers of course of the City Manager to the
questions that the Mayor gave to him a few days ago, and then
listen to the public before making a final evaluation.
Mayor Ferre: I'm going to try to be brief and I'm going
to make maybe four or five points: (1) Mr. Andrews, I have
sincerely and deeply confidence in your ability, your integrity,
your well intentions. I think we all listen to different drums
inside of us, and we all march to different drums. I think that
your report honestly, in my opinion, is not the kind of thorough
in depth analysis of several problems that I think are essential
to discuss, and I do not mean by that, nor am I hinging every-
thing that I think or say on one person, and I am talking
specifically of Chief Garmire. He happens to be the top of
the Police Department and obviously like Harry Truman said:
"The Buck's going to stop somewhere," and obviously I looked
there for answers and results, and as the Grand Jury said:
"If proper results are not forthcoming from the leadership."
Now, we always seem to be at the beginning or near the beginning
and I don't know what public purpose will be served - to have
another series of citizens complaining, with all due respect to
Mr. Pettit and Ned Eisenberg and the many, many people that we
have heard before. When we open this up to the microphones,
we're going to listen to a repetition of a series of incidents
that need clarification, and in their minds have not been
i
57 OCT 241974
—i
clarified. Elizabeth Varig, and many other people who would
want to make statements.
We have been through that. We've also been through
Chief Garmire coming before us and answering questions and
telling us how things were going, and what the statistics
ire, and what's going on in the department, etc. Now, un-
questionably, it is the Vice Mayor and Father Gibson who stated
and as Mrs. Gordon stated - she hasn't heard enough yet to make
a statement. Father Gibson wants the Cook questions that I
have asked the Administration to be answered. I do too. The
Vice Mayor wants the Grand Jury report. Your answer is in
writing. Father Gibson stated that earliar -- I do too. The
State Attorney, Richard 'Gerstein, has made some pretty strong
statements and they need some answering. The Vice Mayor has
asked for those answers to be forthcoming -- I want to hear
them too. I want to see them too.
Now, let me tell you so that as Father Gibson says:
"Everybody knows where Theodore is corning from," and let me
tell you where Maurice is coming from and where he is going.
I would like to respectfully respect this Commission that
under the authority granted to us in Article 14 of our Charter,
that we impanel a committee of the whole, or a subcommittee -
I'm perfectly willing to work with the subcommittee, if that is
the will of the majority here, and I am perfectly willing to
name two or three members of this Commission to serve on that
subcommittee, or the committee of the whole, and I fully intend
upon the receipt of your answers, and if that is the will of
the Commission and if the Commission backs me up on this request,
that this committee of the whole, or subcommittee, actually
requests people to come and -present statements for it. I'm
going to insist that everybody who makes a statement here be
placed under oath, because if anyone perjures himself, we're
going to send that to the State Attorney for prosecution.
This is serious business. I intend to have a full -airing of
some of these things that keep lingering on, and put this thing
to rest one way or another. I'm not out witch hunting; I'm not
out to make examples or burning of anybody or anything, but I
would like for the process to clarify after its all done and
over with - is a complete airing and satisfaction of the
majority, and won't satisfy everybody -- that (1) justice is
being done; (2) procedures are proper; and (3) the department
is functioning to the best capacity.
Now, I made a statement to the newspapers the other day
that I was going to transfer the Miami Police Department to
Metropolitan Dade County. I want to clarify so that there is
no misunderstanding of what my intentions are. I don't want
the Police Department to go to Metro. I think that would be
fatal to the City of Miami. I think the people of Miami want
their own Police Department. I think the people of Miami want
the best Police Department that money and effort can give them.
I think we can do it - I'm confident that you can do it
Mr. Andrews, and I have full confidence that we can get to the
point where these problems will be solved. For whatever reasons
and I don't think there are any negative or nefarious or evil
1
reasons on anybody's part; but I think there are many, many
things that have not come out - that need to come out. Now,
1 know that the process is painful. I was in hopes that you
would bring some of these things out today. 'Stow know, some
of them, what I am talking about, I don't think that we can
avoid the light of public scrutiny on this thing. Now, I am
getting a lot of pressure too, as you undoubtedly read in one
Of the newspapers this morning, and I expect that I am going
to get a lot more; but let me tell you that this hide is
becoming pretty thick and I intend to see that this thing has
a full view of daylight. In my opinion it has not had it until
now.
I am not making any accusations or anybody covering, or
hiding, or for devious reasons, not permitting things to the
public eye; but there is a lot that has not come out in the
open. I think the only way, and I don't mean to infer, that
this is a lack of confidence - Maurice Ferre and Paul Andrews
I want to repeat over and over again, at this stage of the
game, that is hot the case. I do think that it is important
that we go through this process, and that the only way that
we are going to do that now, is to do it under Article 14,
and do it as a public hearing, with people under oath, with
full subpoena powers, and I would like to request the assistance
of the State Attorney's office, which I will officially do today
through Mr. John Lloyd, and this is the will of the Commission
that we bring this up, so that when we go through this process
next time, that it is not going to be somebody making some wild
statements. I want those statements made under oath, and I
want people here that we can subpoena them if they refuse to
show, and we get some of these things out in the open, and I.
intend that this not be limited just to citizens. This might
include people within the City of Miami Administration, within
the Department, and many, many other areas.
Again, I want to end by saying that, it is not my wish
or hope that we end up turning the City cif Miami Police Detart-
ment to Metro. I use that only as an example because I think
that the problems are severe enough - that if we fail, and I
fail,as Mayor, and this Commission fails as a Commission, and
you fail as a Manager to clear up this problem, then I think
that we will have to let somebody else try to do it. I am be
wrong but that's the way I look at it. The important thing is
that we give the citizens of Miami the best possible service;
however that comes about, and I think that we can do it right
here. Now, Mr. Plummer, I'll recognize you for the purpose
of making a Motion if you wish.
Mr. Plummer: Well, Mr. Mayor, two other points that I
would like to make, after listening to all the conversation -
(1) Nobody has to defend the Manager, but I think the record
should reflect that it was under instructions of this Commission
that he set aside a whole morning for this issue. It was this
Commission who told him to do that. Now, I guess we are just
as much at fault for not setting more time away. Let me say
(2) Paul, my comments as to not scratching the surface, should
not reflect badly on you. What I am saying - that they do not
scratch the surface as far as what I am looking for. I think
59
OCT 241974
your coverage was good, but it just wasn't what 1 was looking
for.
Mr. Mayor, you wanted a forth of .fit Motion -- I will make
a Motion that we reconvene 'this Commission for a full day's
session on -.. I was made aware that November 5th is an Election
day, which will be very bad. November 6th will be agreeable
with me, or November 8th. I'm agreeable Mr. Mayor to any day.
I just want a day set, that's all.
Mayor Ferre: Mr. Plummer, I would like to request that
you would include in your Motion specifically that this be as
a committee of the whole under Article 14, with full implication
of what that Article contains within it, so that its clearly
understood that this is not just a regular Commission meeting:
but that this committee will have the subpoena powers and the
other powers granted to us under that Charter, so that we can
function, and I would like that we establish as a matter of
procedure that people come before us and make statements under
oath.
Mr. Plummer: Mr. Mayor, I for one, have no objections
to that. I still think that we should separate the two Motions.
Let's get a date established first and let's establish whether
or not its to be under Article 14.
Rev. Gibson: What date will that be?
Mr. Plummer: Father, I am agreeable to November 6th. If
everyone is agreeable. Well, Mr. Mayor, let me go ahead - just
so everybody would be under the same -- that we start this
meeting at 9 A.M., and regardless of what, we conclude at 5 P.M.,
and if that is not finished, we continue it over to another day,
so that there will be no misunderstanding.
Mayor Ferre: I'll tell you, I've got a Downtown Develop-
ment Authority meeting that day at 6 A.M. Could we start at
9:30 A.M.?
Mr. Plummer: Sure, why not?
Mayor Ferre: I think by 9:30 A.M., I can get through with
all that Downtown Development stuff.
Mr. Plummer: The City Manager also will provide lunch
to the Commissioners, and all others subpoenaed.
Mayor Ferre: All right - Commissioner Plummer offers a
motion that the City of Miami convene a special meeting on
November.6th at 9:30 A.M., to go to no later than 5 P.M. Is
there a second to the motion?
Motion is now seconded by the Vice Mayor. Is there any
further discussion? Call the roll.
Mrs. Gordon - yes; Mr. Plummer - yes: Mr. Reboso - yess
Rev. Gibson - yes; Mayor Ferre - I vote yes.
Mayor Ferre: All right, now will anyone proffer a motion
on the other item?
60
OCT 241974
•
Mr. PluMmer: Sure. That the proceedings of,the meeting
be as a committee on the whole under Article 14, w._th subpoena
powers and that we swear people under oath.
Mayor ?erre: Saying that the next motion is that the
Commission when it meets, meets as a committee of the whole
on a special investigation in this whole matter as recognized
by Article 14 of our Charter, which would give us specific
subpoena powers, and that in the procedures we ask everyone
who makes a statement before us, to do it under oath.
Mrs. Gordon: And how will these people be selected?
Who will be called?
Mayor Ferre: I think that the way to do that, and
this is what we ought to discuss now, is that we ought to -
through the City Attorney or the City Manager, either one,
submit a series of questions and witnesses and let them also
write - I am sure that the papers will carry this, and this
will be public knowledge - let them write that they want to
be heard, and then you will leave it up to me as the Chairman
to establish an order of speakers, and I will be before the
6th, consult with you, at least two days before, to give you
the way its looking, and if you have any suggestion changes,
I would be guided accordingly.
Mrs. Gordon: You didn'.t read my question - that was the
subpoena power that you mentioned before. I was wondering who
you had in mind by way of subpoenas.
Mayor Ferre: I think the subpoena power is only -- to
me, the value of subpoena power is that it exists - not that
you use it, and I think that has more -- but I want the people
that come before this Commission to recognize the seriousness
of the matter, and we have these powers within - and I would
like to ask Mr. Lloyd -- he wrote a memorandum and you'll have
a copy of it, because I sent it to you in the packet of questions
that I asked Mr. Andrews that there is a memorandum from Mr. Lloyd
on this specific subject and a copy of Article 14.
Mrs. Gordon: You ought to have him repeat his recommendation
into the record now.
Mayor Ferre: All right. If you want, 1 would be happy
to read the memorandum into the record and then Mr. Lloyd you
can expand on it and answer any questions that may be asked of
you. The memorandum from Mr. Lloyd is dated --- do you have a
copy of it Mr. Lloyd?
Mr. Lloyd: Not with me unfortunately.
Mayor Ferre: Well I do -- let me find it.
Mr. Lloyd: I think Mr. Andrews has a copy.
Mr. Ferre: It is dated October 17th. "Section 14 of the
Charter of the City of Miami provides the authority for the
61
OCT 241974
Commission to investigate the acts and conduct of any public
officer of the City of Miami and/or by investigation to re-
quire information about that matter r- about any matter. The
COn ission or any committee thereof, may conduct such an
investigation. The committee of course would be composed of
members of the Commission. Per the purpose of implementing
the investigation, the Commission is empowered to issue subpoenas
for the purpose of taking testimony and gathering evidence.
These subpoenas may be executed by any policeman. The authority
to serve the subpoenas would be limited to the area within the
municipal boundaries of the City of Miami. A copy of the Charter
provision is attached.
The following guidelines are suggested:
(1) Passage of a Resolution by a Commission declaring
that an investigation is to be made and determining whether
the Commission as a whole or committee thereof, will conduct
the investigation. If a committee of certain Commission members
is to conduct an investigation, individual members of the committee
should be designated. A chairman of this committee should also
be appointed; that's if a committee or subcommittee is appointed.
(2) A Resolution directing the City Attorney to prepare
subpoenas for witnesses - the names of which would be transmitted
to the City Attorney, directing the City Manager or the Police
Chief to designate two Police Officers of the City, to work under
the direction of the City Attorney for the purpose of serving
the subpoenas on witnesses.
(3) A date and time for the hearing should be set. The
date and time may be included in the Resolution determining
that investigation should be made.
(4) Ensure the attendance of witnesses of the hearing.
Witness fees must be paid. Money for these witness fees would
come from the appropriate fund, Budget of the City Attorney.
The amount of each witness fee would be determined by the City
Attorney on the same basis as witness fees are determined for
witnesses who appear in the County and Circuit Courts for Dade
County.
Now, ladies and gentlemen I may point out that I really
don't think that we ought to -- my personal opinion is that we
ought to get into subpoenas on the meeting of the 6th. I think
what we ought to do is have a regular meeting but make a
Declaration Statement now that we are going to do it under
Article 14 and have the power of subpoenas should we so desire,
because it is my opinion that the majority of the people that
will be asked to come and talk before us, will do so voluntarily,
and therefore, I don't think we are going to need any subpoenas;
but I think it is appropriate that we have that power, so that
it is clearly understood that we mean business and that it is
serious.
Now, the thing that I would like to see is that anybody
who comes before us, be sworn and that he makes statements under
oath. I think that everybody in that hearing should make
62
OCT 241974
statements under oath.
Mr. Plummers Mr. Mayor, I don't think you really need
a Motion .. if that's what you .are really getting at. I can
appreciate that you don't want anyone Coining up here snaking state-
ments that they can't back up.
Mayor Ferret No, I tl?ink according to the City Attorney
we need to have -- we need to do it that way.
Mr. Plummer: All right - the City Attorney tells me
that it is just a matter of routine that all people who testify
on the 6th of November, will do so after being duly sworn that
the testimony they are going to give is true and correct. It
is just a matter of policy.
Mayor Ferre: I really think Mr. Plummer that it is
serious and we;got to establish the policy and the will of
this Commission. We can't say that we'll do it that way in-
formally. This is a very serious matter.
Mr. Plummer: I'm not disagreeing Mr. Mayor. I'm willing
to make a Motion that the meeting of November 6th be conducted
under Section 14. That's what I think Mrs. Gordon is questioning;
its the mechanics - if there is going to be subpoenas; who is
going to say who gets them and who doesn't, and who is going to
issue them, and if they don't show up, what are you going to do?
It is the mechanics ....
Mayor Ferre: I think as I stated that for the 6th, we
don't have to get involved with subpoenas. I really think that
there is going to be plenty to do to listen to everybody, and
I would say that what we ought to do is to establish the mechanism
so that people understand that if we need to do that, we will
beyond the 6th. That's all I'm saying - we ought to do it at
this juncture.
Mr. Plummer: I don't sbe anything wrong.
Mayor Ferre: O.K. Will you make such a motion?
Mr. Plummer: I'll offer a Motion that this matter will --
let me see if I sense what you are saying - that this matter from
this point forward will be conducted under Section 14 of the
Charter, relating to the investigation of the Police Department.
Is that what you are saying?
Mayor Ferre: Will that cover it Mr. Attorney?
Mr. Lloyd: Yes sir. We will draw the appropriate
Resolution based upon Mr. Plummer's Resolution for presence at
that time.
Mayor Ferre: Is there a second to this Motion? The Vice
Mayor seconds the Motion. Is there further discussion on this
matter?
63 OCT 241974
Rev. Gibson: May I ask a question? Mayor, I have some
difficulty in understanding the scope --a you know, don't 1t tt
us kid ourselves, unless you establish the scope - the boundary
of what you are going to be doing, will bit all nice all day and
all night, whistling in the dark. Now, M'. Lloyd, your
responsibility is to direct this Commission legally.
Mr. Lloyd: Yes sir.
Rev. Gibson: Now you know doggam full well to just have
a meeting to investigate the Police Department is going to get
us no doggam place. Tell us what the scope ought to be and
stipulate. That's what we need. I think you need to say your
looking for this - your looking for that, otherwise, you know,
we will spend all day here. "Chief Garmire, I don't like the
color of your hair," or t'11 say: "Chief Fox - I don't l:.ke
that suit you got on." What I want to do is to narrow it down.
If we are going to go on about our business and get here between
9:30 A.M. and 3 o'clock, we want to be productive, or your
wasting Theodore's time.
Mayor Ferre: All right - Father, let me see if I can
rephrase and speak at this Foint. We have had people here
speaking day after day after. day, and really nothing has come
out of it except ventilation of people's anger and concern.
Now we've let the full course that the Charter requires for the
Administration to investigate and make a full report. Now, we
do one or two things - we either accept the report, or we get
into it ourselves, and what I am saying is without saying that
this is a lack of confidence on the Manager, I'm saying now
the ball is right here on this table. We are the quarterbacks
now and the most effective way for us to quarterback - all five
of us, this matter is to do it under Article 14, which gives us
extra powers that we don't normally use. Now what I am saying
is I recognize that the State Attorney is the official vehicle
for criminal investigations. We are not here involved in
criminal investigations. The State Attorney cannot resolve
the problems of the City of Miami Police Department as they
exist. The problems of the City of Miami Police Department
must be solved by the Chief, by the Manager, and by this
Commission ultimately, because we are vested with the power
under our Constitution to Charter, with the final say on
establishing the policy as to what kind of a Department we
want. Now all Maurice Ferre is saying is that I'm not satisfied
with the kind of a Department that we have, and that I think
that we ought to get into this thing and discuss it in depth,
and the best way to discuss it in depth, is to have the avail-
ability of subpoena powers and to have the availability of
swearing in people, so that they know that if they start pulling
our leg, that they are going to be dealing with the State Attorney
or somebody else, on a very serious charge.
Rev. Gibson: Mr. Lloyd - I don't want you to tell me
what I ought to hear. I want you to tell me what the law says -
you know what I mean by that? You know what I mean by that - O.K.
64
OCT 241974
Let us narrow the scope of where we are, so we don't go off
witch hunting. You see, we can come in through the if we
are going to deal with the Police Department, we'll say well
let's - you know - I wwke up that morning and I'm mad as hell.
I says let me talk about the punch - I'm not interested in no
budget in the Police Department -- (intErruption by Mayor Ferre)
Wait a minute Mr. Mayor. Now you are going to vote, and t am
going to vote. I'm going to vote based on knowing what I am
going to be doing.
Mayor Ferre: All right and the City Attorney is going
to answer you; but let me just in defense of my position state
to you that as Chairman of •:his Board, I certainly would not
be involved in discussions C-ts to who parts his hair what way,
and furthermore, even if I were to stoop that low, there are
four other members of this Commission that can stop at any time
and say wait a moment - that the budget or the question as to
the way somebody parts his hair, has nothing to do, with this
matter. So certainly I want the City Attorney to answer it.
Well, I certainly want to make a statement very clear that I
don't intend in becoming involved in any witch hunts or
personal problems as to which way a man parts his hair. All
right Mr. Lloyd:
Rev. Gibson: O.K. Mr. Lloyd - I am listening.
Mr. Lloyd: Yes, let me say this that the scope of the
investigation, it would be better to place that exactly in
the Resolution and that could however be determined by the
City Commission. In other words, what you want to investigate
your privileged by virtue of Section 14 to investigate, so if
you determine what the scope is that you want to investigate,
we should put that in the Resolution.
Rev. Gibson: Let's get the scope - man.
Mrs. Gordon: Is there a Motion on the floor now?
Mayor Ferre: Yes, there is, but under discussion now --
I think that Father Gibson is correct that we ought to specify
the scope. In my opinion, the scope should be those matters
relating to the morale and performance of the City of Miami
Police Department and how it affects the citizenry of Miami.
Rev. Gibson: Do you consider that Mr. Lloyd? This is
where you will do it in the pot or get off it. Do you consider
that problem?
Mr. Lloyd: Yes sir.
Rev. Gibson: And remember now if we get too far out
and we go to Court, I am going to say to the Judge "that's
the man:"
Mr. Lloyd: Yes sir.
Rev. Gibson: Just remember that cause I think we pay
pretty nice salaries for Attorneys around here, and you know
65
OCT 241974
O.K., then let's word it - t don't plan to come here to be
getting into witch hunting - you know - I want to snake - the
Mayor has said this is what he plane to do. I plan to deal
with the issues - now, repeat it again Mr. Mayor so I would. could
know what I am voting.
Mayor Ferre: The motion as I understood Commissioner
Plummer -- Do you want to do it, it is your motion?
W. Plummer: I'm not going to do it - I am withdrawing
Mrs. Gordon: What did you say Mr. Plummer?
Mayor Ferre: Are you withdrawing?
im
Mr. Plummer: Mr. Mayor, let me answer - Father Gibson -
because I am going to tell all of you right quickly. You 311
can limit the scope that you want, but the only scope that -this
Commissioner is going to be limited by is to put all the damn
facts on top of the table. Now you all go ahead and limit it,
but you can't limit me. You can limit the public in what they
can say, and if you want to go along with that day, November 6th,
that all we are going to stress is two problems, you go ahead,
but boy, your not going to k'aep this one quiet.
Rev. Gibson: You see Mr. Mayor and members of the public,
this is just the thing I'm raising. You see - you know --
Mrs. Gordon: Could you be more specific, so we can understand
what you are driving at?
Mayor Ferret I think we are arguing about semantics now.
We are just splitting hairs and talking about words. The fact
of the matter is that the Motion very simply says that we will
conduct the hearings on this under Article 14 - simply that
and that the scope of our investigation will be the morale,
efficiency and performance of the Police Department, and how
it affects the public in the City of Miami. Now, that in my
opinion Mr. Plummer gives you all of the aptitude that you
might want to get into. It seems to me that it satisfies
your request Father, because it specifies what we are going
to be discussing. We can't go beyond that cause we can't say
we are going to talk about the Cook case and limit it to that,
or we are going to talk about the question of ballistics that
are being used in the Department, and limited to that. You
know, this may get into our Insurance program; it may get into
a lot of things -- all related to the Police Department.
Mr. Plummer: Well let me see if I can help Father.
Father, would it set with you better -- it would with me --
that we say that the meeting of November 6th will be conducted
in a manner outlined in Section 14. That means that you can
subpoena if you want -- you don't subpoena if you want -- you
put people under oath if you want -- you don't put them under
oath if you want; but it shall be conducted. Would that set
better with you Father?
66 OCT 241974
Rev. Gibson: Yeah - I'm going along on it because 1
seem to be the only culprit; but l want to tell you someth_ng
--no, no. J.L. I want to, get to the issue. 1 want to tell you
what bothers me. You see I don't use words lightly. 1 said
the Cook case was the occasion and not the cause. I'm going
to vote for the motion. I just hope -- and by the way Mr. Mayor,
that prayer I said this morning meant an awful lot. I told my
secretary to type it and put a copy on each one of our desks,
so that we won't forget what I said in that prayer - so I'm
going to vote. I'm going to vote -- 1 talk about (inaudible)
in faith and love and understanding, and I am ready to vote.
Mayor Ferre: The Motion is clear as it has been amended
and you have accepted that scope of purpose. Call the roll
please.
Mr. Plummer - yes; Mr. Reboso - yes; Rev. Gibson - yes;.
Mrs. Gordon - yes.
Mayor Ferre: The motion is made by Commissioner Plummer.
Mr. Plummer: The meeting of November 6th will be
conducted in a manner under Section 14. That will give us the
right to subpoena if we want; not to subpoena; it will give us
the right to put people under oath or not to put them under
oath. It will be conducted as guidelines ---
Mr. Ferre: Would you amend that and say that meeting and
subsequent meetings relating to the same
Mr. Plummer:
foolhardy enough to
that one particular
Mrs. Gordon:
anything under that
A11 subsequent meetings. Now I am not
think that we are going to get finished
----(interrupted by Mrs. Gordon)
In other words, you are not precluding
O.K.
Mr. Ferre: Wait a moment - the implication is very
clear. It is not one of those nebulous things. He is saying
that we are going to conduct the hearing under the powers
entitled to us by Article 14. Now, if we wish to waive some-
body coming in and placing themselves under oath, that's
perfectly all right - we can do that; but let's not misunder-
stand the intent of this now. This is not one of these things
that maybe we will -- we're going to go on the vehicle of
Article 14, if this Motion passes.
Mrs. Gordon: Then people who do appear will have to
come here under a subpoena?
Mayor Ferre: No, not necessarily.
Mr. Lloyd: You may require their attendance by a subpoena
if you wish --- (interruption by Mrs. Gordon)
Mrs. Gordon: If they don't appear voluntarily and you
want to hear from them -- is that it?
Mr. Lloyd: That's right -- if they don't appear
voluntarily.
67 OCT 241974
Mayor Ferre: We would have to vote on that obviously.
Mrs. Gordon: When would we be voting to subpoena
them?
Mayor Ferret Obviously, if we are going to subpoena
the Governor for example, or somebody else, and he doesn't
want ... (interrupted by Mrs. Gordon)
Mrs. Gordon: Do we have individual rights to ask fbr
people to be subpoenaed or does it have tl be a majority of
the Commissioners .... (interrupted by Mayor Ferre)
Mayor Ferre: I think it would have to be under a
majority. Is that correct Mr. Lloyd?
Mr. Lloyd: That's up to you - either way you want to
do it is all right. In other words, one way would be to have
names of members submitted to you as Chairman, and you could
issue your orders for subpoenas, or you could do it by a
majority vote of the Commission, either way.
Mayor Ferre: But what is the will of this Commission?
This is a serious matter.
Mrs. Gordon: I know that it is, and that is why I stated
my view on that matter, and if it is a majority view, then you
must have the majority to subpoena someone, I will vote against
the Motion.
•
Mayor Ferre: Well now Rose
Mrs. Gordon: Now I do this with all sincerity.
Mayor Ferre: Why don't you give us the reason for that.
Mrs. Gordon: Very obvious
Mayor Ferre: It is not very obvious to me - tell me.
Mrs. Gordon: To check the records -- what generally goes
through this Commission -- it is very obvious. If I wanted to
subpoena somebody and the majority did not, then very obviously
that person would not be subpoenaed - right?
Mr. Plummer: But it doesn't preclude their volunteering
to be here and you asked to be heard.
Mrs. Gordon: I would tell you that if you do the
majority route, then I would vote against the motion - that's
all.
Mr. Lloyd: By the way, I might say this that with
respect to City employees of course, the subpoena is not
necessary, as long as they are appearing on City time.
Mrs. Gordon: I believe in a democracy, or if you are
setting this thing up in a democratic fashion, that each person
have an equal right to ask for a subpoena of whatever person
they might feel would contribute information that would be
helpful to this body, and that no person should be precluded
because the majority didn't want to hear this person.
Mayor Ferre: In otZer words atybody on this floor will
have to subpoena. I have no objections.
Mrs. Gordon: All right, then I will vote with the
Motion.
Mr. Lloyd: Now, there is one thing that I would like
to caution the Commission - the meeting is on November 6th,
if we are going to subpoena a lot of people by direct subpoena,
rather than an invitation to appear for the 6th, why it is going
to be a little short time.
Mayor Ferre: No, no, no, Mr. Attorney, afteY the Motion
passes, then I am going to ask that another Motion be passed
that for the 6th, we not use the subpoena powers because it is
going to be impossible -- I think on the 6th, we will invite
people to come and testify here - that we either invite or come
voluntarily. If beyond that, any member of this Commission
feels that someone who has been invited or should be subpoenaed,
then we can issue a subpoena beyond that point. Otherwise, we
are just going to be doing nothing but this between now and
November 6th.
Mrs. Gordon: Maurice, you are then saying that we could
not possibly envision any conclusion on this thing.
Mayor Ferre: There is no question about that - no way.
Mr. Plummer: The only thing that I would like to add
that any people that come here on the 6th of November, to
give any kind of testimony before this Commission, that we make
it most emphatic that this on the 6th is not a popularity contest;
that I like this, or I don't like that; that if they have some-
thing to offer - solutions, problems - that that is what they
limit their scope to, rather than the popularity contest, as
though I like this guy, or I don't like this guy:
Mayor Ferre: Well, as the Chairman, I will rule in
that way. I will not accept any testimony on personal matters
as to whether I like so and so, or dislike somebody else. I
think we are going to take only testimony of people speaking
tiro fasts. We will have to rely heavily on the City Attorney's
staff for staff work on this, and I would, as I stated before,
I will, along with the•Manager, draft a ---- the people will
be the order, and the time allotted to the speakers, and we
will --- I'll try to get this out to the members of the
Commission at least two days before, so if there are any changes
or additions the Commission wants to make, we can include that,
and then I will take the prerogative of the chair to make the
final determination. O.K. Is that understood? Is that clear?
Mrs. Gordon: The procedure was that persons speaking
will speak to a specific point of information.
69
OCT 241974
Mayor Ferret Now, now, Rose, I went way beyond that.
Would you transcribe that later on Mr. Southern and give it
to Mrs. Gordon? All righk, now - any further discussion on
this item? If you have atiy objections, we will open it up
again. Any further discussion on this item? Call the roll
then.
Mr. Plummer: This is without the provision defining
the scope.
Mayor Ferre: No, this is with the provision defining
the scope. That is included.
Mr. Plummer - yes; Mr. Reboso - yes; Rev. Gibson - yes;
Mrs. Gordon - yes; Mayor Ferre - yes.
Rev. Gibson: Mr. Mayor, I want to raise a question.
What if I am not satisfied with the performance of the Legal
Department, since they are part of the City, and they may -
you know - they may have some hesitancy - what if that should
develop?
Mr. Plummer: Hire an outside counselor.
Rev. Gibson: I just want to make sure the record says
that now -- (inaudible)
Mr. Plummer: I'm sorry. I'll vote on it whether or not
we are going to spend funds for it.
Rev. Gibson: Well, you see - let me tell you this. "I'm
an old coon, man - I don't mind admitting that - I just want to
raise the question." Because you see - let me tell this whole
Commission and the body something that I was concerned about
the other day. We have a housing map - I don't know if I need
tell this, but Mr. Andrews, you may be rejoicing that I do tell.
We have a housing map and we got one opinion, and then because
there got to be some concern by Theodore, you know, it got
cleared up. Now am I speaking too much in apocalyptic language --
in a (inaudible) language? You want me to tell it? O.K. The
Housing Authority was getting ready to offer some bids on
buildings and houses (inaudible) and one of the assistants
gave one interpretation and the staff person directly in charge,
Mr. ----- had given another and after I raised some questions,
Mr. Lloyd became involved, and the decision didn't stand. You
knew that Mr. Andrews, and I sent a memorandum - and that is the
only memorandum I have ever written since I was appointed a
Commissioner. Did I send copies to each of you? All I am saying
is when if we should get in such a bind that I have some serious
doubts about the direction that you are sending me in, I want to
know if I have any recourse before I get into it. That's what
I am saying.
Mayor Ferret O.K.
Rev. Gibson: I want the record to reflect that the City
Attorney -- how about you Mr. Manager? -- how about you Mr. Mayor?
70
OCT 241974
The record to reflect that I asked a question and they say
that if at any time there's some real doubt that we will then
proceed to do other than ----
Mr. Mayor: Sometimes you got to speak very clearly on
these things. I want you tc understand that you have more
than one recourse. One of them is that this Commission can
let the City Attorney go. We have that power. I'm just saying
that that is just one recourse. Another recourse is that you
can go and hire outside counsel. For special items, we are
going to get a lot of recourses.
Rev. Gibson: I want to know that if I get in a jam
where you know -- you see, being my age and having been involved
as i have, there comes a time -- I remember even in the field
of civil rights -- they gave me the Attorney for - the National
Office gave me a political decision and I was not at a1.1
satisfied -- I thought I was right and as God would have it,
after he stayed there awhile, he resigned and Theodore was
proven right, So I just want to make sure that the best intended
sources sometimes could be wrong, and I just want to make it
crystal clear that what I'm not saying is what I had better now
say.
You are dealing with the future of 750 men, and your
dealing with the future of the Manager. Your deal mg with the
future of the Chief and his assistants. I promise you ladies
and gentlemen and members of the Commission, when I go to bed
at night, as of this hour, I've been able to sleep sound and
comfortably. I want to be able to retain that kind of a posture
when I get into bed. That's all I am saying.
Mayor Ferre: All right Father. Thank you. Anybody else
want to make a statement? Now let me see how many people want
to speak. It is almost 2 o'clock, and let me respectfully ask
you since we are going to have a full day hearing on November 6th,
could you possibly hold your questions and comments t.) that
point? Who else wants to speak now? Five - what is the will
of this Commission because it is 2 o'clock. We've got a meeting
at 3 P.M., and I think we better order some food. All right
then, Mr. Manager, would you have someone come by ----
Rev. Gibson: Mr. Mayor, I know they will cut my head
off after I get out of here, or maybe shoot me; but you know
I'm going to say something here that nobody wants me to say.
I hope my brother will understand this - if I were you and
you were not Theodore - and I'm not you, I will withhold my
questions and position until that date which is specifically
set for you to raise any and all questions; however, if you
insist, be my guest. '
Unidentified person: I would like to be heard.
Mayor Ferre: You will have to wait a moment. It is
2 o'clock and everyone is getting hungry, so let's get some food.
71
OCT 241974
Mr. Plummer:
not going to sit up
listening to all of
food, so let's just
wards.
Mr. Mayo:, you are kidding yourself. I'm
here and'subject my ulcers to eating and
this. It's going to take an hour to get
go ahead and hear him and we'll eat after -
Mayor Ferre: Al]. right. That's all right with me.
Now we will have to set a time limit to this and I think 2:30
acceptable to everyone?
Mr. Plummer: Well Mr. Mayor, just so the record reflects,
I must leave at 6 P.M.
Mayor Ferre: If you give each speaker five minutes - Rose,
that's 30 minutes. All right, let's do it this way. I have to
make some kind of a rule, cause otherwise we will never get
through here. we have got a,3 o'clock meeting. All right,
then I will give you three minutes and if you need an additional
minute, I'll give you another minute. Is that acceptable to
everybody? Go ahead now. Get going - each of you, your name
and address for the record.
My name is Peter Williams, Jr. and I am the Chairman of
the (inaudible) I am a taxpayer and property owner in the City
of Miami. You have a written statement there - because of
further deliberations, I will delete from this document one
paragraph that begins with "inaudible and ends with City
Administrator. Because of this - on the first page, second
paragraph, I delete that because of your commitment to further
deliberation in that particular issue. Take that out, and
the remainder of that statement I will read: "(inaudible)
to declare war on crime in the City of Miami, regardless of
whom it may affect. Whether it is the City of Miami Police
Department or citizens forced into any means of survival. Some
months ago I protested your granting some $1,000,000. to the
Police Department for its use. Today, my feelings are unchanged
and that protest stands. Additional (inaudible) i! I may
(inaudible) which will have some merit. They are: (1) Firing
or ordering the resignation of Chief of Police for one reason.
I do feel that the office of the Chief of Police has been used
as a political football, and the issue of morality of morale
problems within the Police Department may not necessarily stem
from that particular office, but may stem from the fact that
there are Commissioners in the City of Miami who do not exert
their leadership or ability 100 percent. That may be in the
fact the issue. (2) A City sponsored conference on alternatives
to crime, this should include layman, elected officials, business
people, public officials, etc., This conference should be planned
by local consultants whom I can recommend if you ask.
Participation in this conference should be mandatory to Police
Officers at all levels of the Department. (3) The war on drugs,
using new and innovative approaches as a prevention to crime
now. (4) The reorganization of the internal Security Unit of
the Police Department. Mandatory open meetings of investigation
and required attendance of all witnesses. (5) A civilian review
Board. This Board will hear grievances of citizens and charges
made against all City Personnel rendered to the Commission
recommended for adjudication. (6) Redeployment of Police in
72 OCT 241974
the community to ieflect a large degree of ethnic balance.
(7) ) review of Police Officers to foot patrol and areas
of high crime, in two or three wheel backup units, patrolling
in small geographical areas, (8) The development of a
minimum of two Police Precincts .. one in the south area of
the City of Miami, and one in the north area of the City of
Miami. (9) Mandatory sensitivity programs of community inter-
action between Police and civilians. Of course civilian
participation can only be voluntary. (10) A voluntary involve-
ment of members of this Commission with the citizens who are
elected.
Mayor Ferre: Thank you very much Mr. Williams.
My name is Rev. Jonathan (inaudible), President of
Black (inaudible) I am here before you to say that the
City of Miami officials are guilty. Also, the Police Depart-
ment is also guilty, and the City Mayor and Manager's office
is guilty as well. There have been a lot of politicking - pro
and con, away from the issue of the rights of the individual -
who is before the issue. I demand the Black Cross Committee
look into the issue and we requested that all Police Officers
that were defendants, be fired. We also ask that more Police -
black Policemen be placed in black ghettoes because there
are 707 Police, but just a few blacks. If you don't have
• enough black Policemen, then deputize some black policemen to
be placed in the black communities where they can patrol the
black communities. There have been a lot of brutality going
on in the black communities. Until you recognize the will
of God, then all of you will be guilty and you will be judged
later on, so in the name of the Father, I ask that you take
heed, cause the Officer was just a warning to bring forward
unity, and this warning of unity shall spread, and it will get
stronger and stronger - it is more powerful than you realize
because this is the will of God, using you as an example. You
turn your back on it and you will receive the wrath of God
(inaudible) in many directions and you will not stand up - you
will fall.
Mayor Ferre: All right Mr. Roll.
My name is Edy Merritt and I live at 1445 N.W. 1st Ave.,
and I am the mother of five children. On the night of the 6th
of October, I was beaten by a policeman across the head with
a flashlight and the car door slammed on my leg. Now I can-
not work and take care of my kids, and I was called all kinds
of names, like black bitch, black hooky mother -fucker, then
they took me to jail, charged me with loitering and prowling,
resisting arrest and a felony. My head is so sore and I can't
comb my hair, and I have five kids to support and no husband,
and I don't think it is fair to me - I work every day - now
I can't go to work and take care of my kids.
My name is Rene Christian, I live at 33 N.W. 158th
Street. I represent certain people in central area community
and myself as well. The City Manager made a statement this
morning that he wanted to know why there were problems in the
73 OCT 241974
Police Department, and yet you all are responsible. The City
Manager stated this morning - the City Manager, not the Mayor,
why were there problems in the Police Department. He wants to
know why, and I am saying my recommendation is in your process;
in your investigation to find out information after your
selection of your own process, and why there are many military
trained personnel that are trained killers. To me, some are
gun -happy, shell-shocked, psychotic individuals with negative
attitudes on the Police force. We see them at our community
every day. (inaudible) to perpetuate itself. Anyone that is
a threat to the system will be recruited - will not be recruited
into the system, or will be eliminated, so that brings to
that in our community, we find some animal breeded instinctive
persons wearing uniforms to protect society, but in reality and
truth, they are a threat to society. There is harassment,
brutality, slander and insults, as well as unnecessary arrests;
mass killing of black people I feel is unnecessary. I only come.
here today and I charge you as responsible Commissioners,
Manager, Police Officers, that are paid by taxpayers of this
community, I hereby decree that the blood of my dead brothers
and sisters that cry from the ground, that I hereby today require
their blood at your hands. Thank you.
My name is Donald Perkins - I am Black Coral's Vice
President, Central City. I am going to bring it to you - you
know what reality is - it seems that what is happening here,
you are not dealing with reality. Everybody got a title -
you got Commissioners - you are a Mayor, and Police Officers -
they are human beings like we are. We haven't dealt with the
human emotions on what different people have to go•through. I
know the Police job is difficult - I know it is difficult to
make decisions on valid, reasonable, logical decisions. I asked
you last time i was here to make a valid and just decision,
and we are still prolonging with words. You have the power -
we voted for you and your seats - you know. You play word
games, back and forth, and we don't get to the reality of it,
or the truth of it, or the real grit of what is happening out
there. You know - so we bring it here - the fathers - you know
we got to bring everybody involved - community, Police, citizens,
politicians, whoever represent the people, and we also say: "This
is the United States of America." The issues that we'are
speaking of - Police brutality against Police - it is the issue.
Is that right? Is it fair? Why are mixed policemen fight each
other - they don't know who they are? The Police don't know
who they are in the street? They fight each other, so the
problem is inside the Police Department. Now you are the
Mayor who has been voted by the people - by this democracy,
to make just decisions - you know, make people realize that
you are going to deal with reality; your going to deal with
the truth. Don't play the word of games -- be for real.
Thank you.
Mayor, Vice Mayor, Commissioners, because we have so
much confidence in you and your staff, I come here as part
of an organization that represents the community. Maybe
somewhere along our lives that we have misinterpreted the
belief of respecting a human being's right as a human being,
74 OCT 2 41974
and because of this question in our mind, how cot.ld a sane
supposedly individual beat another human being to a pulp i
wake up every morning, put on a City of Miami police uniform -
come into our community, and expect to be respected as our
protector, and gets damn rigfit mad if he isn't? It is sickening.
I am subjected to it - I know. How can you sit on that end
and tell us it is not being done - and it is being done to us?
It may not be done to you, but it is being done to us, so hear
us we know, and like I said - because we have so much
confidence in you and your staff, Mayor Ferre, I feel that a
right decision will be made and eliminating everybody -- and
this clumsy investigation, and flaws that were overlooked
that a five year old can detect and distinguish. I don't
want these barbarians to protect me - I don't know about you,
but I know that I would not'%- so this is why we are bring:.ng
it to you, because we know that you will do the right thing.
Thank you.
My name is Elvin Dean. I live at 9990 N.W. 12th Ave.,
representing some of the people in the vicinity of this district.
I came here in 1969 and now I am back in 1974. We were talking
during that time about the new day - desegregation - looking
for the type of leadership that would lend itself to new and
innovative kinds of (inaudible) for police. What we see in
the black communities, is still 1930. We still see 1929; we
still see the same types of things that were happening then,
as far as Police were concerned. So therefore there have been
no changes. There is no sensitivity demonstrated to the ranks
of the Police Department; so therefore, (inaudible)
When I was coaching, and I couldn't play, my (inaudible)
captain was me. The Police on the street is the chief. He
represents the chief. His behaviour are behaviours of the
chief. Just like Bob Griese represents Don Shula. The quarter-
back represents the coach - so this is a product of the leader-
ship who is their Chief. And I am saying again - "A new day
is here:" Problems of sensitivity - problems of recognizing
that people are human beings - you know - not animals - you know.
I had the same thing coming today - you know. Police in uniforms
you know. I hear the same thing today - you know - Police in
uniforms - messengers in 1969 or 1970, when I was here. There
has got to be a change - you know -- when, it is up to the people
we put into office. It is left up to the Commission - you know.
Here is a Manager who was sent out and come back with half
(inaudible) report - spent half of the morning of the people's
time - sitting down - accomplishing nothing. Now you got to go
back and come up with another date for another meeting. What is
going to happen in between that time to the citizens of the
community? Let's think it over: You ought to think about it.
Honorable Mayor, Commissioners, Vice Mayor, I started a
few moments ago after listening to so many statements, not to
have anything to say, but I thought it would be a grave injustice
to my people for me to have come here and spend this amount of
time and then fail to express myself as a Pastor in the Liberty
City area (inaudible) We also would like to say to the
Commission that we have the utmost confidence in the Mayor, as
75
OCT 241974
well as the rest of the Commission, and we would like for
you to know, after going through this long drawn out hearing
here today, but the cross (crux) of what I was about to say •-
I'm not going to say it -- I'm going to wait -w whether or
not I'll be invited, I don't know. I will be here, and I
will have certainly lbts to say, because we have spent a lot
of time on this - you can appreciate this Mr. Mayor for your
positive stand (inaudible). I conclude when I say this -
we are citizens who are going to look facts in the face. We
are going to have to stop evading issues, regardleis of white
or black - it doesn't matter. Individuals are individuals.
What I am determined to see in the City of Miami is justice.
I'm tired of the injustice; but I am sure that every individual
that can hear my voice, understand me loud and clear. Injustice
has ranged too long in this black community. I agree with
Father Gibson when he said that this is "a new day" -- (inaudible)
What you are attempting to do now, had ought to have been done
twenty years ago. If that had been the case, he would not have
been in this dilemma. We simply want to urge you to not let
this opportunity pass (inaudible) and the community is very much
disturbed and dissatisfied, and as law-abiding citize...s, I won't
want to see anything disrupted in this community. (inaudible)
nothing can happen in the black community that doesn't affect
the white community or the Spanish community, and I think the
situation is too important, and we as ministers and leaders of
our people, are not primarily concerned about the Cook case only,
but as Commissioner Plummer stated - "I have the record - I can
cite you case after case that have taken place in the black
community" And I rose to the issue,but all I have is a lot of
sweet, beautiful promises and nothing came about it. I'm saying
I'm tired of that type of treatment, so I hope that everything
will go well. I hope that nothing erupts between now and Nov. 6th,
and it certainly is Goc's will that I will be back.
Mayor Ferre: Thank you Reverend.
First of all, I would like to say "Good morning", or
"Good afternoon," or whatever it in -- My name is John McArthur,
and I've lived in Miami all of my life. Several months ago
they shot a movie called "Lenny". I watched how people shot
the movie - I learned a lot. Today has been another movie.
Now I would respectfully say to the Police Department that there
are some good policeman -- there are some really good policemen,
and I would like for you to stand up -- the policemen in the
house, if you don't mind. Are there any policemen left? We,
of the black community believe that there are some good police-
men. What is the difference between a good policeman and a bad
one? I can speak because I was on the City of Miami Police and
Metro Department. There are some good policemen. There's a
new thing that started - it is a game that some of them are
playing - this Commission - this meeting -- I heard on the T.V.
that was supposed to be - fire Paul Andrews - fire Garmire -
this was all on television. You will never fire Paul Andrews
and you will never fire Garmire, and no doubt he will never quit.
It is not their complete problem. There are Lieutenants and
Captains and Colonels that has been in the force way before
Garmire got here. They will be here after he's gone - if he
76
OCT 2 41974
leaves. Andrews can't run this City by himself - Garmire can't
run the Police Department by himself. I never wanted to come
before this Commission - I never wanted to be here. I am supposed
to be on my job at this time. I work part time Security - I was
shot down by Metro. My name is Metronex. What happens here
really takes in this entire county. I called Mayor ?erre -
they said - well that's in the County and we can't deal with
that. These people that came down here to speak. They d'.dn't
come here for vengeance - they didn't come down here for 'bull-
shit" so that you can go through this and tell us that on
Nov. 6th for your meeting - you will get a list - we get the
list. You take the list - the Attorney sends the list to the
Police Department to find out if they have records - any prior.
convictions - how many prior arrests. You get the list, you
weed out the ones that you want to hear, then you put them up
and say well "he has so many convictions - we really can't believe
what he says." I told my man at the Black Cross tre other day
that what you have to do is to get all your statements notarized,
your witnesses, and everything, so that when you go to these
meetings these people deal in paper. They deal in statements -
laws that not one black man made the law - not one black man
participated in making the law. We said 2:30
Mrs. Gordon: What is your name sir?
Mayor Ferre: Mr. John MacArthur.
Mr. John MacArthur: I want you to understand -hat I am
not here emotionalizing - I am speaking facts. I am i:ot here
to become a public figure - a militant leader. This is heredity;
my grandfather was killed in Georgia - great grandfather many
years ago, because he got involved in politics - somehow, I can't
escape this. I would like for the Commission - I would like for
the Police Department - I would like for all of these people, like
the man said - to get in touch with reality and stop playing
politics. You didn't have time to listen to these people, but
you had time on the campaign trail to shake our hands; ask us
to vote for you. We voted for you. To sum it all up - I came
like the rest of the people came, not to really fire Mr. Andrews
or fire Mr. Garmire, but to see if there was a solution to
the entire problem. This man has a family; Mr. Garmire has a
family - you have a family. Watergate took a long time. We
have been on this thing here for about three months.
Mayor Ferre: Mr. MacArthur you have now taken close to
five minutes and Mr. Roll wants to make a statement. Now if
the Commission wants to stay beyond that ----
Mr. MacArthur: I have said all I had to say and I have
also became tired of that same polite thing that you are doing
now, which is done by so many politicians when people get a
chance to speak. This is our City and our County.
Mrs. Gordon: Mr. MacArthur please leave your address with
the Clerk.
Rev. Gibson: Mr. MacArthur write your name and address --
77 OCT 241974
Mr. MacArthur: I have something better for you than
that.
Mayor Terre: All right. Mr. Wellington Roll:
(aside to Mr. MacArthur - "II: you want to come back on the
6th, we will be happy to let you speak at that time).
Mr. Rolle: Mr. Mayor, Members of the Commission - You
know you sit here a long time and you listen to all that has
been said, and you got to go away a little bit more disturbed -
and I've got to say'to the Commission collectively, "I am a wee
bit put out. I go back to the time when Bernard Garmire first
came to Miami, and he was sitting in the rows right over here,
and I think I approached these microphones and took a position
that maybe we shouldn't hire the Chief - have nothing at all
to do with Bernard Garmire as an individual - didn't know the
man at all. Somebody else suggested that maybe you should get
to know him personally. I said I wasn't interested in that be-
cause I am only interested in a man doing a good job, whoever
it is who occupies the office of the chief. Now I say that to
say this: "Certainly I would hope that what the deliberations
of the Commission today are not designed covertly - covertly
if you will, to remove Bernard Garmire - I hope that is not
the case at all." (2) I think that if there needs to be a
separation and the kind of things that we are here to talk about
today, obviously the problems that exist in the Police Department
is nothing that has occurred overnight; it didn't start last
week, last month, or last year; but I don't think the reason
for this hearing today in my eyesight, would be the beating
of Officer Cook - I don't think that it would be reason to
lump all of these various things together, and I think that
an investigation in the Police Department should evolve of
voluminous information that would encompass two or three volumes.
I don't think that we could get all of this in a small report;
I don't think that we could do it justice in the hear..ng that
is coming up on the 6th, and I think that the Commission has
missed the most important issue of the day - has there been
a violation of departmental regulations or Police Officers'
hearing to procedure and arrest and whatever? Is the Chief
responsible for not causing the people in his Department to.
follow existing rules and regulations?
The question becomes today - was there an infraction
against existing rules and regulations by those individuals
in the Department who were part of the altercation involving
Officer Cook. Now the only two answers - one yes and one no.
There are no maybe answers, and to face this headon, I think
will solve the other problems, and the other problems gentlemen
has to be an investigation in the Police Department of those
persons who are aggrieved, and an investigation of the Cook
matter for those persons who are aggrieved, and I don't think
that you could put the two of them together. This is just a
personal opinion and I don't think you can put the two of them
together. I listen to -- I think what amounted to covert
threats against Paul Andrews and John Lloyd, totally unneeded
and totally uncalled for - those kind of remarks are simply
out of place I think in this kind of a meeting. I think
78
OCT 241974
the issue that comes before this committee today is whether
or not the Police Department through its Administrator and
the Chief, discharged its responsibilities by the basis of
its authority to run the Department, and whether or not, we
the Commission here sitting, can be the Appellate body.
Thank you Mr. Mayor.
Mayor Ferre: All right Mr. Rolle- let me repeat to
you what I have said all morning. The purpose of this meeting
was - the Manager was asked to make a report and that he was
asked back in May. Because :of the summer vacation and budget,
he was not able to make the report until now, in October. Now,
he has taken most of the time - we've asked some questions. We
recognize that this isn't the end of this thing. We recognize
that we are not going to intermix the Cook case with other
matters. The Cook case is an important fact, as Father Gibson
pointed out. We will be hearing about that and other matters
dealing with the Police Department. I hear so much about due
process that doesn't work; but we have nothing better. We got
to go by due process. What we can do is change due process -
we can change - we can alter it; but you have to have cue
process in deliberations. I know that people get very upset
with paper work and how long it takes to get these things done.
I don't know any better solution.
Mr. Rolle: But you know the thing that is sort of
frightening, Mr. Mayor - you know I can go back to the Market
case - I'm not happy with all that I have heard. I'm not happy
with a lot of the insinuations that Richard Gerstein has made -
I'm not happy with that at all; but I cannot in go+-d conscience
sit here and not make an expression against that kind of thing -
if your trying to intertwine it into what you are doing as it
involves the Cook case. I think we are talking more about all
these other things that are wrong in the Police Department. I
acknowledge that there are many things wrong in the Police
Department, and any black Officer that has been in the Depart-
ment more than six months can attest to that - that there are
many things that in their judgement and my judgment that are
wrong with the Police Departments but as I sit and listen this
morning and this afternoon, it seems that more is being said
about an overall investigation.of the Police Departme4t, than
the resolution as to whether or not a party is really aggrieved.
Mayor Ferre: The purpose of this meeting wasn't to
discuss the Cook case.
Mr. Rolle: But I am saying to you sir, sitting as
Mayor in the Commission, that there ought to be something
that you should be discussing with the same amount of verbosity
that you are discussing about these other matters that relate
to the Police Department - if you understand what I am saying.
Mayor Ferre: We will be. Now there is a Motion to
adjourn. We will meet -- let's say about 3:15 P.M. -- all right:
That gives us forty five minutes. You can have a five minute
sandwich.
79
OCT 241974
"NO : Meeting reivehed 3:30 P.M. at G E� HEx T.
6 SIX-MONTH EXTENSION of VARIANCE
LOT 25 & 26 ELM(.4 1411.latit A. RICE SUB.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1176
A RESOLUTION GRANTING A SIX• -MONTH EXTENSION OF
VARIANCE FROM ORDINANCE NO. 8142 SECTION 6 (3)
TO PERMIT CONSTRUCTION OF A STRUCTURE CONTAINING
OFFICES AND RESIDENCES ON 50' LOTS 25 AND 26
BLOCK 4, WILLIAM A. RICE SUB (1-13), LOCATED AT
3326 MARY STREET, REQUESTING EXCEPTION FROM FRONT
YARD REQUIREMENTS AS PER ORDINANCE No. 8142, SECTION
6 (3), BEING IN THE COCONUT GROVE BUSINESS VILLAGE
INTERIM ZONING DISTRICT, ZONED C-2 (COMMUNITY -
COMMERCIAL)
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson and Mr. Reboso
NOES: None
AMEND ORD, 6871 R-4 DISTRICT
7, DENEITY. MINIMUM LOT AREA AND WIDTH FOR RESIDENTIAL USES
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, ART-
ICLE VIII, (Medium Density Multiple) R-4 DISTRICT,
BY AMENDING SECTION 1, SUBSECTION 9, AND SECTION
2, SUBJECTION 1, AND REPEALING SECTION 2, SUB-
SECTION 3, AS THEY RELATE TO DENSITY, MINIMUM
LOT AREA, AND WIDTH FOR RESIDENTIAL USE; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CON-
FLICT; CONTAINING A SEVERABILITY PROVISION; AND
PROVIDING AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of September
27, 1974, was taken up for its second and final reading by title
and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon,
the ordinance was thereupon given its second and final reading
by title and passed and adopted by the following vote - AYES:
Messrs. Plummer, Mrs. Gordon and Mayor Ferre. ABSENT: Rev.Gibson
and Mr. Reboso. NOES: NONE
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8319.
Copies of the ordinance were available to the members of
the City COmmission and the public.
80
OCT 241974
b
APEND nRN. �R�1 OFI -S ,..
REET__PARKING AND LOADING
An ordinance entitled --
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
ARTICLE XXIII - OFF STREET PARKING AND LOADING,
SECTION 2, SUBSECTION (2)(c), SECTION 3, SUB-
SECTION (3) (a) (4) , (3) (b) (2) AND (3) (b) (5)
AS THEY RELATE TO LOCATION OF PARKING SPACES
DRIVEWAYS AND REQUIREMENTS FOR LANDSCAPING
AND WALLS; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR
AS THEY ARE IN CONFLICT, CONTAINING A SEVERABILITY
PROVISION; AND PROVIDING AN EFFECTIVE DATE
passed on its first reading by title at the meeting of September
27, 1974, was taken up for its second and final reading by title
and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon,
the ordinance was thereupon given its second and final reading
by title and passed and adopted by the following vote - AYES:
Mr. Plummer, Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson
and Mr. Reboso. NOES: NONE.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8320.
Copies of the ordinance were available to the member s of the
City Commission and to the public.
9,
WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM- BABCOCK CO,
4TN ANNUAI C nrIM JNJTY WIDF THANKSGIVING PRAYER BREAKFAST
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1177
A RESOLUTION WAIVING THE RENTAL FEE FOR BAYFRONT
PARK AUDITORIUM FOR THE BABCOCK COMPANY ON NOV-
EMBER 26, 1974 FOR THE PURPOSE OF HOLDING THEIR
FOURTH ANNUAL COMMUNITY -WIDE THANKSGIVING PRAYER
BREAKFAST, SUBJECT TO ADVANCE PAYMENT OF PERSONNEL
LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY
THE CITY
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was
passed and adopted by the following vote - AYES: Mr. Plummer,
Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson and Mr. Reboso.
NOES: None.
81
OCT 241974
Huts s vice Mayor tboso entered thf mea tintg ,
AUTHORIZE ISSUANCE OF PERMIT FOR AMUSEMENT RIDES
10. £ENTNAAL SHOPPING PLAZA OCHASTS ASSOCIATION
Mr, Andrews: If the City Commission entertains approving this
resolution, you will recall a )engthy meeting with and the
problems associated with havinc this carnival in this area, I
am going to further recommend that we add to the resolution,
two additional provisions. #1 Under no circumstances at any
time can we have people living in their trailers or in any facility
on these grounds and by grounds I mean anywhere in the area.
#2 That they apply the necessary guards so that we don't have
to be assigning a policeman at night and be especially careful about
patrolling the area, that they assign guards to protect their own
property.
Mr. Plummer: With those stipulations, I'll move it.
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 74-1178
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT
TO THE CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION
FOR AMUSEMENT RIDES AT THE CENTRAL SHOPPING PLAZA
ON NOVEMBER 14 THROUGH 24, 1974, SUBJECT TO CERTAIN
TERMS AND CONDITIONS
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was passed
and adopted by the following vote - AYES: Mr. Plummer, Reboso.
Mrs. Gordon and Mayor Ferre. ABSENT: Reverend Gibson.
NOES: None
11, APPOINTING ADDITIONAL MEMBERS TOCITY _OF MIAMI
�Ir ON. ECOLfy . ...BEAU'tF • !
The following resolution wag introduced by mr. Plummer
who moved its adoption:
RESOLUTION NO, 74--1179
A RESOLUTION APPOINTING THREE (3) 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 Clerks Office)
APPOINTED: Ms. Nancy Jones
Charles G. Gusky
Vincent Antle
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson. NOES: None
„ RATIFYYSEMERGENCY ACTION TAKEN BY CITY MANAGER
IL, EUE
SFCYToNS OF TARPAULIN FOR THE ORANGE BOWL PnLYTUBF
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1180
A RESOLUTION RATIFYING THE EMERGENCY ACTION
TAKEN BY THE CITY MANAGER IN AUTHORIZING THE
PURCHASE OF THREE (3) SECTIONS OF TARPAULIN
FOR THE ORANGE BOWL POLYTURF COVER SYSTEM
FROM BROWN AND BROWN COMPANY OF MOBILE, ALABAMA
AT A COST OF $10,365.
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson. NOES:
None.
83 OCT 241974
EMERGENCYORDI C DING APPROPRIATIONS ORDINANCE
A APPROPRIATING U� 6,,UU FROM FUND BALANCE OF ORANGE BOWL STADIUM
•
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING APPROPRIATIONS
ORDINANCE NO. 8316 BY APPROPRIATING $10,365.00
FROM THE FUND BALANCE .OF THE ORANGE BOWL STADIUM
FOR THE PURPOSE OF REPLACING TARPAULIN FOR THE
POLYTURF COVER SYSTEM AT THE ORANGE BOWL
was introduced by .Mr. Plummer, seconded by Mr. Reboso for
adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the
following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and
Mayor Ferre. ABSENT: Rev. Gibson. NOES: None
Whereupon the Commission on motion of Mr. Plummer, seconded by Mr.
Reboso, adopted said ordinance by the following vote - AYES: Messrs.
Reboso, Plummer, Mrs. Gordon and Mayor Ferre. ABSENT: Rev. Gibson
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8321.
Copies of the ordinance were available to the members of the
Commission and to the public.
NOTE: Reverend Gibson entered the meeting at 3:44 O'Clock P.M.
84 OCT 241974
AUTHORIZE CITY MANAGER TO .NTER INTO AGREEMENT
12$' NATIONAL FOOTBALL LEAGUE FOR 5 YR. TERM PLAYING POST SEASON
GAMES IN THE ORANGE DOAL STADIUM
The following resolution was introduced by Mr. Plummer
who moved its adoptions
RESOLUTION NO. 74-1182
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO NEGOTIATE AND ENTER INTO AN
AGREEMENT WITH THE NATIONAL FOOTBALL LEAGUE
FOR THE USE OF THE ORANGE BOWL MEMORIAL
STADIUM, ONE OR MOPE TIMES, DURING THE YEARS
1975 THROUGH 1979, 'FOR THE PURPOSE OF
PROMOTING ANI) CONDUCTING A FOOTBALL GAME
KNOWN AS THE AFC-NFC PRO BOWL GAME; A FOOTBALL
GAME KNOWN AS THE AFC CHAMPIONSHIP GAME; AND
A FOOTBALL GAME KNOWN AS THE AFC DIVISIONAL
PLAYOFF GAME.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Mr. Plummer,
Mrs. Gordon, Rev. Gibson, Mr. Rebose, and Mayor Ferre.
NOES: None.
AUTHORIZE CITY MANAGER TO ADVERTISE FOR DESIGN PROPOSALS FOR
13, MINI PARK AT: 46 WEST FLAGLER STREET
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-1183
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ADVERTISE PUBLICLY FOR A CONSULTANT
FIRM TO DESIGN A MINI -PARK FOR THE
PROPERTY AT 46 WEST FLAGLER STREET; TO
SUBSEQUENTLY REVIEW AND QUALIFY LAND-
SCAPE ARCHITECTURAL FIRMS, AND TO MAKE
RECOMMENDATIONS BASED UPON SUBMITTED
QUALIFICATIONS.
(Here follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
85
OCT 241974
JP,
iu. WERfignilADMATIN teen exruecr•
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-1184
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SUBMIT A FEDERAL GRANT
APPLICATION TO THE DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT ADMINISTRATION, TO INITIATE
A PROJECT ENTITLED "ORGANIZED CRIME FIGHT-
ING TEAM PROJECT" AND FURTHER AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AND
EXECUTE CONTRACTS AND AGREEMENTS NECESSARY
TO IMPLEMENT THE PROJECT IN ANTICIPATION OF
THIS 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. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
FEDERAL GRANT APPLICATION
l5, "STRATEGIC TARGET ORIENTED PROJECT (S.T.O,P,)"
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1185
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SUBMIT A FEDERAL GRANT
APPLICATION TO THE DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT ADMINISTRATION, TO INITIATE
A PROJECT ENTITLED "STRATEGIC TARGET
ORIENTED PROJECT (S.T.O.P.) " AND FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE CONTRACTS AND AGREEMENTS
NECESSARY TO IMPLEMENT THE PROJECT IN
ANTICIPATION OF THIS PROGRAM.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
86 OCT 241974
FEDERAL GRANT APPLICATION
161
THRESHOLD PROGRAM IOR _ PUBLIC SERVICE. AIDES"
Th2 following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESCLUTION NO. 74-1185
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SUBMIT A FEDERAL GRANT
APPLICATION TO THE DEPARTMENT OF JUSTICE
LAW ENFORCEMENT ADMINISTRATION, TO INITIATE
"THRESHOLD PROGRAM FOR PUBLIC SERVICE AIDES"
AND FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AND EXECUTE CONTRACTS
AND AGREEMENTS NECESSARY TO IMPLEMENT THE
PROJECT IN ANTICIPATION OF THIS PROGRAM.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.).
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
17FEDERAL GRANT APPLICATION
s
COMMUNITY EVALUATION. OF E LICE PROGRAM EFFECTIVENESS"
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1187
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SUBMIT A FEDERAL GRANT
APPLICATION TO THE DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT ADMINISTRATION, TO INITIATE
A PROJECT ENTITLED ."COMMUNITY EVALUATION
OF POLICE PROGRAM EFFECTIVENESS" AND
FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AND EXECUTE CONTRACTS
AND AGREEMENTS NECESSARY TO IMPLEMENT
THE PROJECT IN ANTICIPATION OF THIS PROGRAM.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
87 OCT 241974
1$' FEDERAL GRANT APPLICATION „
"MIAMI pOLJCE DEPARTMENT PLANNIJVCL COORDINATOR
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-1188
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SUBMIT A FEDERAL GRANT
APPLICATION TO THE DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT ADMINISTRATION, TO INITIATE
A PROJECT ENTITLED "MIAMI POLICE DEPARTMENT
PLANNING COODINATOR" AND FURTHER AUTHORIZ-
ING THE CITY MANAGER TO ACCEPT. THE GRANT AND
EXECUTE CONTRACTS AND AGREEMENTS NECESSARY
TO IMPLEMENT THE PROJECT IN ANTICIPATION OF
THIS PROGRAM.
(Here follows body of:resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Reverend Gibson the resolution
was passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
19, CLOSE PORTION OF UTILITY EASEMENTS LYING WITHIN BOUNDARIES OF
TRACT "A" - MOORE PARK
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1189
A RESOLUTION CLOSING AND ABANDONING THE
PORTIONS OF THE PUBLIC UTILITY EASEMENTS
LYING WITHIN THE BOUNDARIES OF TRACT "A",
MOORE PARK (86-45).
(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. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
88 OCT 241974
201-YEAR EXTENSION OF EMPLOYMENT
RAFAEL GARCIA
The following reso:,ution was introduced by Rev. Gibson
who moved its adoption.
RESOLUTION NO. 74-1190
A RESOLUTION APPROVING A ONE (1) YEAR
EXTENSION OF EMPLOYMENT PAST THE AGE
OP SEVENTY-ONE (71) FOR RAFAEL GARCIA,
INTERPRETER CLERK,'MIAMI POLICE DEPART-
MENT, EFFECTIVE OCTOBER 29, 1974 TO
OCTOBER 29, 1975, NOTING THAT A PREVIOUS
NINE MONTH EXTENSION HAD BEEN GRANTED,
EFFECTIVE JANUARY 29, 1974, WITH THE PRO-
VISION THAT IN THE EVENT OF A ROLLBACK
OR LAYOFF, MR. GARCIA, RATHER THAN A
JUNIOR EMPLOYEE, WOULD BE AFFECTED.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
21, 1-YEAR EXTENSION OF EMPLOYMENT
ENT
P. SPENCER
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1191
A RESOLUTION APPROVING A ONE (1) YEAR
EXTENSION OF EMPLOYMENT PAST THE AGE OF
SEVENTY (70) FOR WILTON P. SPENCER, GOLF
COURSE STARTER, PARKS AND RECREATION DE-
PARTMENT, EFFECTIVE FROM NOVEMBER 10, 1974
TO NOVEMBER 10, 1975, WITH THE PROVISION
THAT IN THE EVENT OF A ROLLBACK OR LAYOFF,
MR. SPENCER, RATHER THAN A JUNIOR EMPLOYEE,
WOULD BE AFFECTED.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
89
OCT 241974
22, CLAIM SETTLEMENT - HAROLD LoKflS
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1192
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO HAROLD LOKOS,
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF FIVE THOUSAND DOLLARS
($5,000.00) IN, FULL AND COMPLETE
SETTLEMENT OF HIS CLAIM AGAINST THE
CITY OF MIAMI ;FOR MONEYS DUDE HILT AS
A RESULT OF IMPROPER CLASSIFICATION
FOR PAYROLL PURPOSES UPON THE EXECUTION
OF A RELEASE, RELEASING THE CITY OF MIAMI
FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Rev. Gibson the resolution wLs
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
23, FEDERAL GRANT APPLICATION
,7'9AfiAGF EN1 PRO RAN("
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1193
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SUBMIT AN INTERGOVERNMENTAL PERSONNEL
ACT OF 1970 FEDERAL GRANT APPLICATION IN
THE AMOUNT OF425,000 TO INITIATE A PROJECT
ENTITLED "MANAGEMENT TRAINING PROGRAM"
AND FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AND EXECUTE CONTRACTS
AND AGREEMENTS NECESSARY TO IMPLEMENT THE
PROJECT UPON RECEIPT OF THE GRANT.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
90 OCT 241974
•
4, APPROVE LEASE AOi mMENn-PLA,NNKK.OP TRANSPORTATION
ltrwattl.W. 6113 ■ ._q_..... __ .. ,.
The following resolution was intrdauced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1194
A RESOLUTION APPROVING A LEASE AGREEMENT
BETWEEN THE CITY (F MIAMI AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
AREA UNDER INTERSTATE HIGHWAY I-95 BETWEEN
N. W. 6TH STREET AND N. W. 8TH STREET: AND
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO FORWARD SAID AGREEMENT AND OTHER NECESSARY
DOCUMENTS TO THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION.
(Here follows body of resolution, omitted here and
on file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Reverend Gibson, Mr. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
25, EXTEND INTERIM ZONING DISTRICT MIAMI DADE GOVERNMENI CENTER
Ott $ .SIX ..MONTHS
.
An ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 8252 WHICH
ESTABLISHED THE MIAMI DADE COUNTY GOVERNMENT CENTER
INTERIM ZONING DISTRICT, FOR A PERIOD OF SIX MONTHS,
BY EXTENDING THE DURATION OF SAID INTERIM ZONING
DISTRICT FOR AN ADDITIONAL SIX MONTHS TO AND INCLUDING
APRIL 25, 1974 (Emergency)
Was introduced by Mrs. Gordon, seconded by Reverend Gibson
for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs.
Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Whereupon the Commission on motion of Mrs. Gordon, seconded by
Reverend Gibson, adopted said ordinance by the following vote -
AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and
Mayor Ferre. NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8322.
Copies of the ordinance were available to the members of the
City Commission and to the public.
26. LEASE AGREEMENT - SAILBOAT RENTAL CONCESSION AT KENNEDY PARK
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION NO. 74-1195
A RESOLUTION AUTHORIZING AND DIRECTING THE
MANAGER AND THE CITY CLERK TO ENTER INTO A
LEASE AGREEMENT WITH ADVENTURERS YACHT AND
CORPORATION, INC., FOR THE SAILBOAT RENTAL
AT DAVID T. KENNEDY PARK
SAILING
CONCESSION
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
92
pc'r 2 41974
270 ACCEPT BID - 90 HIGH PRESSURE SODIUM VAPOR STREET LIGHT
t.uj1LNA .LEs
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1196
A RESOLUTION ACCEPTING THE BID RECEIVED
ON AUGUST 12, 1974 FROM WESTINGHOUSE
ELECTRIC SUPPLY CO, FOR FURNISHING NINETY
(90) HIGH PRESSURE SODIUM VAPOR STREET
LIGHT LUMINARIES FOR USE BY THE DEPARTMENT
OF PUBLIC PROPERTIES AT A TOTAL COST OF
$12,060.00; AUTHORIZING SAID INSTALLATION
BY THE DEPARTMENT OF PUBLIC PROPERTIES'
PERSONNEL; ALLOCATING FUNDS FROM REVENUE
SHARING FUNDS; AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DIVISION
TO ISSUE A PURCHASE ORDER, 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 Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
28, ACCEPT BID - ENVELOPFS FOR CITY-WIDE USE
The following resolution was introduced by Rev. Gibson
who moved its adoption.
RESOLUTION NO. 74-1197
A RESOLUTION ACCEPTING THE BID RECEIVED
ON SEPTEMBER 19, 1974 FROM CROWN POINT &
PAPER PRODUCTS CO., INC. FOR FURNISHING
ENVELOPES CITYWIDE FOR THE 1974-75 FISCAL
YEAR AT A COST OF $3,055.39 WITH AN ALLOW-
ABLE OVERRUN NOT TO EXCEED 5%; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE PURCHASING DIVISION TO ISSUE A PURCHASE
ORDER, AFTER FIRST _HAVING DETERMINED THAT
FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mrs. Gordon the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mx. Reboso and Mayor Ferre.
NOES: None.
93 --..
-OCT 2 4 1974
_...., w ..cs•+ua aTA..—..0---'G...r---- .—r f.. -.'i- • ►+�,.....r_ . ........=.1.114S.
29 i ACCEPT .$.i.. y HIGH PRESSURE StWER HOSE
The following resolution was im,_roduced by Rev. Gibson
who moved its adoption.
RESOLUTION NO. 74-1198
A RESOLUTION ACCEPTING THE BID OP CONCO,
INC.-O'BRIEN MANUFACTURING DIVISION FOR
FURNISHING 1,000 FEET OF HIGH PRESSURE
HOSE FOR USE BY THE GARAGE DIVISION OF
THE DEPARTMENT OF PUBLIC PROPERTIES AT A
COST OF $1,970.00; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING
DEPARTMENT TO ISSUE A PURCHASE ORDER
FOR SAME, AFTER DETERMINING THAT FUNDS
BUDGETED FOR THIS PURPOSE ARE AVAILABLE.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
30, ACCEPT BID - FENCING FOR DAY CARE CENTERS AT MOORE, EATON AND
SKENAN 0M PARK$
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-1199
A RESOLUTION ACCEPTING THE BID RECEIVED
SEPTEMBER 13, 1974 FOR FURNISHING FENCING
FOR DAY CARE CENTERS AT MOORE, EATON AND
SHENANDOAH PARKS TO FENCE MASTERS, INC. AT
A COST OF $4,958.00' ALLOCATING THIS AMOUNT
FROM FUNDS MADE AVAILABLE THROUGH THE
FEDERAL REVENUE SHARING FUND: AND AUTHORIZ-
ING THE CITY MANAGER TO INSTRUCT THE PURCHAS-
ING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR
SAME AFTER DETERMINING 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 Reverend Gibson the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
94
OCT 24 1974
5j
ACCEPT_. BID PERkILIMS _AND IUMBICIDES
The following resolution was introduced by Rev. Gibson
who moved its adoption.
RESOLUTION NO. 74-1200
A RESOLUTION AWARDING BIDS TO ATLANTIC
FERTILIZER IN THE AMOUNT OF $5,093.48;
KIMCAR IN THE AMOUNT OF $19.25;
WOODBURY CHEMICAL IN THE AMOUNT OF $1,237.50;
AND JACK BRENNAN AND CO. IN THE AMOUNT OF
$1,463.00, TOTALLING $7,813.23 FOR FURNISHING
VARIOUS FERTILIZERS AND HERBICIDES FOR USE BY
THE DEPARTMENT OF PARKS AND RECREATION;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING DEPARTMENT TO ISSUE PURCHASE
ORDERS AFTER FIRST DETERMINING THAT FUNDS
BUDGETED FOR THIS PURPOSE ARE AVAILABLE.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
PERSONAL APPEARANCE VAILABLE RECREATION'AREAS"ANDAIIACILITIESAGUE
REGARDING LACK
AT CURD I S AND JNOORE pAR!($
Mr. Henry: I am president of the South Florida Soccer League.
It is an adult non-profit organization.
We have just instituted a junicr division involving 500 adults
and we expect by the end of the year to have up to 5000 children.
We face a very major problem in so much as we have insufficient
playing areas. Its well known that we have a very large latin-
american community here and their big sport is soccer. It is now
the 5th largest sport in the United States. The conditions and
lack of fields is very frustrating for us. We now play at three
parks: Curtis Park, Moore Park and Grapeland Park. Curtis Park
has remained in the same condition for the last 14 years that we
have been playing there. We understand there was a bond issued
for replacement of the stadium and redo the park in 1972 and nothing
has been done. We understand a contract was even awarded and nothing
has been done.
Mr. Plummer: For a stadium?
Mr. Henry: To re -build the stadium with a 7000 seat capacity -
that was the original agreement from my understanding.
Mr. Andrews: Sir, you are addressing yourself to Curtis Park?
Mr. Henry: Curtis Park.
Mr. Andrews: There is a plan, and an allocation of funds to re -build
portions of Curtis Park. You will remember that we removed some of
the bleachers from Curtis Park to use at the Orange Bowl. At the
time we chid that, those stands were in a condition that they needed
eventual replacement. A plen has evolved and a portion we are working
with the State in order to achieve a boat launching ramp as a part
of the total development. We have a plan and we are willing towork
with these people and one of the projects in Curtis Park was to
re -build the stands, locker rooms and provide that improvement and
it was about h million dollars.
Mr. Plummer: Well what is the gentleman doing here if you are
working these things out?
Mr. Henry: We have made numerous requests of the City of Miami
Recreation Department and we were informed these additions were
going to be done by this year and nothing has been done. This is
why we are here requesting this.
Mr. Andrews: I can assure you we are going to get started.
Rev. Gibson: Not only is nothing being done but you need to be
aware that you own a park that people can't even use the bathroom.
I was out there. They have it closed and locked up. I went out
there and asked, where is the man in charge? This was in the middle
of the day and he wasn't even around.
Now I am talking about Curtis Park and let me say that we need to
take a hard look because I don't think we can in good conscience
go to people and ask for a bond issue, get it voted and then not
utilize the facility that is'presently there, that is locked upl
Tell this Commission the whole condition!
Now I made it my business to go out there and Mr. Andrews, I am
going to ask you Sir. I won't ask Mr. Howard, I can't talk to
Mr. Howard. I want you to personally go there and see what I saw
and at the time I went there, I asked for the person in charge
and you know what,man they never heard of that kind of language
before and you ought to see that fence where people who must play
Soccer - there is nothing to prevent someone from getting hurt
and suing the City so the City ought to take a hard=nosed look
and Mr. Howard, when you go out there, you ask them is they saw a
black clergyman out there. That is about the best way to describe
it and they wouldn't know who otherwise, I was. I want to tell
you that the fence is all torn down and they either need to move
that fence far enough back so that the people won't get hurt in
the anxiety of the play.
96
OCT 241974
-41
I was embarasded to be a Con tis gioner ai.d know that we had that
kind of facility on a day like this.
Mr. Henry: We have many teams come in from many countries to
play from Mexico, South America, Argentina and the only place
we have to invite these teams to is the Curtis Park and they
don't even have a shower in the facility for the team to take
after they finish playing which is embaraseing.
Mr. Plummer: When you say the teams, showers, and things of this
nature. Are you placing a private enterprise in there now?
Mr. Henry: It is a non-profit organization.
Mr. Plummer: That is not the point. Are you charging admission?
Mr. Henry: No Sir, we are sponsored by the City of Miami.
Mr. Plummer: Anywhere else, in any other parks, do we provide
showers?
Mr. Henry: No Sir.
Rev. Gibson: J.L., the point I am making is that any of us who
have played football or basketball or baseball, any of would know
that after you get through playing, you need to wash and I want
to be very respectful, you need to wash - get you some water and
I will tell the Commission that the only thing that is out there
is a face bowl and now if you are going to have a city like Miami
which is a metropolitan City and we are going to attract other
people here, man we got to look good. We clot to look good and I
will tell you, I wasn't proud of that look at all.
I was ashamed and to boot some of the place over there was even
locked up man. The facility on the other side of the play area
was even locked up and some of the people who were there testified
that when they have a game, those facilities are even locked up
at that time. Let Mr. Howard explain that.
Mr. Plummer: If I understand the manager, correct me, he is
asking for your input in the inprovements and I don't think
there is any action that this Commission can take today other
than the expression that father has so adequately given to get
the bathrooms opened up and get the facilities opened up that we
presently have, but to the improvements, that you get with the
manager for input as to what you would like to see in that area.
Other than that, there is nothing this Commission can do today
Mr. Henry: Sir, I am very concerned in improving what we have
and I am equally concerned about, what are we going to do next
year? We will have another 20,000 that want to get out in the
sun and play. We have no room. There is a possibility that I
understand - the City owns the port property down on Biscayne
Boulevard that they are going to make into walkways and such like
which is going to accomodate a few people who want to stroll
around. Why not make them into'areas where we can have sports?
Mr. Plummer: Because this Commission voted it that way Sir.
Mrs. Gordon: What did you say Sir?
Mr. Henry: I said the port property on Biscayne Boulevard rather
than have it just as walkways, we have plenty of places to walk
in this town but we have no place people can play and this is
what we need and I think it would be better served in that respect
than just having it as a park for people to walk around in.
All you get in there is a bunch of hippies anyway.
97 0CT241974
10 41
Mrs. Gordon: Mr .Andrews, you► have been naked by a on sever+
al occasions in recent Weeks to tell Me when you are going to
start leveling that mound and start making that place look de-
cent. You tell Me that yov are getting ready to do that but
I would like to know when are you going to do that?
Mr. Andrews: 1 was hoping before we could initiate that we
might have gotten a report froth Dade County which I hope to
get this week but it still has not arrived.
Mrs. Gordon: What has it to do with that?
Mr. Andrews: We might handle what we had planned to do a
little bit differently with that report in hand. We are go-
ing to go ahead and I have a schedule before me to employ
either through our own Public Works Department and utilize
some of the equipment that they have there or unde contract
to begin the leveling process and based on Mr. Stone's plan
to excavate the holes for the trees and to purchase the soil
that would be placed in those holes to begin the tree plant-
ing process.
Mrs. Gordon: Have you done anything to start that process?
I know it's more than a month since you said the same thing
you're saying right now.
Mayor Ferre: Well, I want to jo on record and you've heard
one voice and now you're going to hear a second voice
Mrs. Gordon: Well, let him answer my question.
Mayor Ferre: No, because I'm going to make a statement to
that.
Mr. Andrews: Mr. Mayor and members of the Commission, we
have available, and I don't know whether it is here or not.
All right. We need and there are funds available to do this
and if you could adopt a simple motion I would go ahead and
get started until I could get the resolution before you. We
need $13,500 for that....
Mayor Ferre: Mr. Andrews, I want to tell you and this is
just one voice out of five on this Commission but I want to
tell you that I will vote against anything that is temporary
in nature. I'm not going to see the City of Miami's money
wasted in leveling and planting of grass if a year later we're
going to tear it all up and put sprinklers and other things.
I'm all for spending $13,000 or thirteen million if we have to
to get these parks up the grade in Sayfront Park, what we have
and I'm perfectly willing as I've told you on several occasions
to start improving those parks with the moneys that we have
available but nothing on a temporary basis because this com-
munity has a bad record of starting temporary things and temp-
orary things end up taking 15 years to correct.
Mrs. Gordon: Mr. Andrews, is leveling that ground a temporary
condition?
Mr. Andrews: No, it is not. What we would do is follow the
contouring plan that Mr. Stone is providing.
Mayor Ferre: Ok, but that was
well know and that is why when
know he got very excited about
all of that stuff just leveled
not the original idea as you
Stone got into this thing you
the fact that he didn't want
off to flat ground because he
98
OCT 241974
has a contour, 7L as long air we follow the contour snap of
what we eventually expect out of that then I'M all for it.
Mrs. Gordon: All right, then I'll move your motion.
Mr. Andrews: And that's what it is, Mr. Mayor. I can assure
you that aid the other thing is in fairness, the trees that
we're planting, we're planting them in such a way that it doesn't
jeopardize the validity of the plan for swapping the land if
that is still a viable plan.
Mayor Ferre: All right:, because I don't want to see us plant-
ing trees that six months later we're going to have to be mov-
ing out of there.
Mrs. Gordon: I would like to say to the Commissioners that it
has come to my attention that the Irchitects, the A.I.A.'s are
interested in placing trees on that land according to the land-
scape plan from their tree bank-- the opportunity to salvage
trees that ordinarily would not have a place to be placed.
Mayor Ferre: And as long as it is all done according to Stone's
plans I'm all for it.
Mrs. Gordon: Ok, I move the motion.
G
Mr. Andrews: And the Commission still has a resolution, in
fact it has two
Mayor Ferre: What is your motion, Rose?
Mrs. Gordon: What Mr. Andrews said, he needed a motion. Mr.
Andrews, when will it begin now, will you tell me this?
Mr. Andrews: Mr. Grimm informs me that the contouring in
every respect doesn't follow the Stone plan. I'm going to
ask that the Commission not adopt that resolution then until
I can find out more.
Mayor Ferre: Why don't you bring Stone down here and let's
get this thing straight.
Mr. Andrews: Yes, I think that is the thing to do.
Rev. Gibson: Where are we for these people? I want to hear
what you're saying for them.
Mr. Andrews: This gentleman introduced the subject of Bay -
front Park and we switched to that but what he is really inter-
ested in is Curtis Park.
Mr. Henry: What I'm really interested in is making better the
fields that we already have. The biggest interest is what are
going to do for the future. I think it is time the City of
Miami re-evaluated its population and its existing facilities..
It is probably one of the few cities in the United States that
has such poor facilities for amateur sports. It is unveliev-
able!
Mayor Ferre: Mr. Henry, we're not going to solve this today
so here is what I would recommend. Mr. Manager, taking a
reasonable amount of time to do a thorough job, how long would
it take the department to come back and tell us specifically
what our inventory of facilities are, what they would recom-
mend that we do in thie coming year and in the next five years?
99 OCT 241974
4
Mr. Andrews: VI thirty days, the reason :1 say we can do it
in thirty days is because we have a coMplete plan that we had
laid out for the improvements. That plan exceded the money
that we had and we were attempting to back up fron t:hat and
take the most priority matters first and I'm sure that we can
do it in thirty days.
Mayor Ferre: All right then, would you so advise Mr. Henry
and he can come back and listen to your proposals and recom-
mendations and then we'll discuss this further at that time.
Mr. Henry: Mr. Mayor, I just wanted to mention one thing. If
there are any plans for new facilities that may be going in
that our association would be consulted to involve the soccer
area because it is an entirely different size field from foot-
ball fields and they usually make these parks to acc.modate
football and soccer is forgotten.
Mayor Ferre; Is a soccer field larger?
Mr. Henry: It is larger, sir. It is about 6 yards wider and
it is about 10 yards longer.
Rev. Gibson: Let me ask this, Mr. Mayor, since we're talking
about permanency. Architects are great for giving you a gen-
eral layout and telling you you could do this piece so that
when you're finished this piece, that the other could cane on
and it will all harmonize and jive. Isn't that right, Mr.
Andrews? You're a great engineer. Isn't that true?
Mr. Andrews: Yes.
Rev. Gibson: Ok, well what I'm trying to get at is that
these people don't have any way to take a bath after they get
off that field. Did I hear you say you don't have enough
money?
Mr. Andrews: We don't have enough money to carry out the
entire plan.
Rev. Gibson: Well alright now, we ain't got no problem with
that. Since you fellows are great at staging, let's do some-
thing about staging this thing so that when these people come
to Miami and they go to Curtis Park to play soccer we don't
look quite as bad as we,now look - and we won't be smelling
bad either. You know after you play out there an hour or so
you're in bad shape. Do you know what I'm talking about?
Let's deal with that and with the definite understanding that
this is not all. You see, because the man says something that
is true. We in this town are the greatest people for begin-
ning things and never finishing them. So we want everybody
to understand that we're building these bathrooms with showers
but that ain't all. Ok?
Mr. Andrews: I understand.
Rev. Gibson: I think the man is entitled because I was there
and I was embarrassed.
Mrs. Gordon: Do you need a motion to know our intent, Mr.
Andrews?
Mayor Ferre: On what, Rose?
Mrs. Gordon: On putting showers in Curtis Park so that these
players can have some place to wash.
iOu
OCT 24 1974
Mt. Andrews: it isn't
the showers itt believe
gentleman and others.
that siMple, Mrs. Gordon, just to put
me and i'll ger together with this
Mayor Ferre: Thirty days.
Mr. Henry: I've been in a very embarrassing situation. We've
been in touch with the bicentennial organization to invite an
international team here to celebrate bicentennial and we have
where to take them. We have no where to take them in the City
of Miami to play.
Rev. Gibson: All right. The Manager heard what we said.
We don't plan to be embarrassed when the bicentennial people
are here. That is our record. He will take care of it.
Mayor Ferre: I think the Manager is entitled to 30 days to
come back with an answer and I know that maybe he can do it
in two weeks but we can Certainly wait - we've waited thirty
years or a hundred years or whatever it is - we can wait 30
days. All right, you will come back in thirty days with your
answer.
Mr. Andrews: Yes, sir.
Mrs. Gordon: When are you coming back with Mr. Stone and
his report?
Mr. Andrews: I was going to ask you whe:i would you like
Mrs. Gordon: The seventh of November. Ok? A11 right.
Mayor Ferre: Are we going to have time for that on the 7th?
Let me put it to you this way and this is as chairman of the
board as the charter provides. You try to put it on the 7th.
If you cannot in good conscience put it on the 7th then you
put it on the following agenia. And I will leave that decis-
ion to you and your judgement alone.
Mrs. Gordon: I'm sorry, did you say yes on the 7tb?
Mayor Ferre: I'm saying that in good conscience the Manager
will try to put it on the 7th and we'll leave the final decis-
ion to him and to him alone as to whether he can put it on the
7th. If he cannot put it on the 7th then put it on the next
Commission meeting. It will be your decision.
Mrs. Gordon: May I ask a question for information of Mr.
Grimm. You'll be in charge of this contouring, I assume.
Is that correct?
Mr. Grimm: Not unless you make me in charge of it.
Mr. Andrews: Not necessarily. It depends on what the Com-
mission decides on how far it should proceed with this because
some of it can be done in a contract and it will depend a lit-
tle bit after you hear Mr. Stone's presentation as to what
we will do. And I would ask you to reserve judgement.........
Mrs. Gordon: It looks atrocious. Why don't you put a sign
up there there is going to be a park like the paper says.
This is going to be a park in 1990.
Mr. Plummer: Because in 1991 the Miami Herald will be writ-
ing editorials "They promised and they didn't do it."
101
OCT 241974
33, PROPOSED CATION Or NEW CITY DEPARTMENT TO BE KNOWN AS:
►r
Mr. Andrews: Mr. Mayor and members of the COITli.ssion, before
we discuss the ordinance which I hope you will adopt on first
reading because I want to review some additional adjustments
to the ordinance before you adopt it on second reading, I
would like the management analyst to Make a very short present-
ation to you and they will introduce themselves and they have
put together a little ex,)lanation of one of the benefits that
can flow to the City as the result of the'creation of a depart-
ment of this type.
Mr. Plummer: I also want them to speak to how much money it
is going to save the City by instituting this department.
Laura Butler: Mr. Mayor, Commissioners, Mr. Andrews, ladies
and gentlemen, we are here to tell you about the Management
Analyst Program; what it is, what it has done and what it can
do to help the City of Miami. I would like to introduce to
you now the members of the Management Analyst Team. All cf
us are regular City employees who came to this program from
jobs in City government without previous direct experience in
this type of work. First let me introduce myself. I'm Laura
Butler from the Building Department. The other members of the
team are Linda Johnson, public works. One of the members,
Joe Owsiak also from Public Works is unable to be with us
today. From the Fire Department we have Larry Kilburn and
Dnua Hewson. From the Budget Office, John Lindeman and from the
Police Dpt.,R.Parkins who will begin our presentation on the
Management Analyst Program.
Mr. Parkins: Government has always faced the need to balance
limited resources with virtually unlimited needs. .You, the
City of Miami Commissioners, in recognition of the recent
unsettled economic environment, have demanded that your govern-
ment must move quickly toward maximum use of human resources.
Our largest and most valuable resource is our people who
account for approximately 90% of the City of Miami operating
budget. Therefore, to meet the demands on government, it is
apparent that we must try to increase the efficiency and effect-
iveness of the City's single largest resource, it's employees
without, if at all possible, 5.ncreasing cost.
That is why the City Manager formed the Management Analyst
Program as a part of the 3 year on -going Miami Management
improvement program which has other elements directed at the
same productivity improvement objective such as organization
change and human resources improvements. One of the goals of our
program is to build an on -going, in-house capability to perform
management systems and analysis, and develop programs to improve
productivity.
This could be done in 1 of 3 ways. Service Improvement, Cost
Avoidance or Cost Reduction.
While we all find the thought of cost reduction the most attra-
ctive alternative of these 3, we must recognize the real world
in which government operates. As I mentioned, need for govern-
ment services already exceed the resources we have to provide
these services. Needs exceed resources. Therefore, when
resources can be freed up from existing uses, they do not go
into savings, they are re -allocated to improve other existing
services or to provide new and needed services without new
costs.
I would like to re-emphasize the way the analysts are City
Employees. As city employees, we have a real stake in the
success of our city government.
n
102
OCT 241974
a
We are city employees, and we were selected from various depar-
tments without prior experience in management systems and
analysis. Consequently, we were trained by Boot, Allen and
Hamilton in these techniques and provided with continuing manage-
ment guidance throughout the pilot program.
Specifically this instruction emphasized the use of the standard
scientific method of analysis used by industrial engineers.
Our approach is to identify the problem, gather the facts related
to the problem, analyze these facts, forihulate a conclusion and
alternative solutions and make recommendations.
After our training period we were divided into 2 groups. One
for the Finance Dpt. and one for the Bldg. Dpt.
Our pilot program was established 6 months ago. During this
short time, approximately 3/;4 of a million dollars in cost
avoidance opportunities have been jointly identified by the team
and the involved departments. i repeat 3/4 million dollars have
been identified in cost avoidance opportunities.
Now we would like to point out the cost avoidance figure is the
result only of the first stage, the diagnostic phase of management
systems analysis. This procedure is quite simply, observing what
is being done, determining why it's being done and how it's being
done. Our objective then, throughout this diagnostic phase was
with the assistance of the involved departments. To identify
major work processes within the departments, chart the process
flow, observe and determine bottlenecks, unnecessary delays and
in some cases, processing that could be improved with positive
results or eliminated entirely.
Thus, as you can see, in the Building Department, we have with
the directors help, identified more than $300,000 in cost avoid-
ance opportunity. That is resources that could be reallocated
to improve existing service or provide new needed services.
We believe incidentally that this estimate is both reasonable
and conservative.
As an example of a method improvements and the cost avoidance
opportunities that result from it, we determined within the
Building Department that opportunities existed in improvements
of procedures that would result in $301,000 in costs to be
avoided. One of these method improvements involved the
centralizing of functions common to each of the 7 divisions
within the Building Department. The result of centralization
is to avoid duplication. The benefit of centralization is to
save inspector and secretarial time for other needed activity.
This method improvement alone will prcvide $208,000 in annual
cost avoidance opportunities.
Additional method improvements are outlined in the report with
which you have been provided.
As we noted earlier, we also worked in the Finance Department
and Laura Butler is here to provide you with an explanation of
the management analysts activities within that department as
well as a summary of our pilot programs and objectives.
Laura Butler: Thank you Rob. During our analysis of the
Finance Department, we identified cost avoidance and cost reduction
opportunities of over $400,000. The management analyst team
together with the management and employees of the Finance Dept.
developed 14 method improvements. Of these,10 have substantial
cost avoidance opportunities. That is, dollars which can be
re -directed to other necessary activities. Let me give you an
example. We recommended re -instituting a specifications committee
provided for in the City Code. We recommended this committee to
be reactivated and is working to standardize purchasing and
facilitate planning. Through effective use of this committee,
the city can realize by conservative estimate, a possible savings
of over $300,000 during the first year of implementation and a
continuing cost savings of 30 to $60,000 annually.
7 of our recommended improvements have already been implemented.
All of our method improvements were discussed in depth in our
report which you all have copies of. Let me emphasize that we
have performed no magic in identifying the cost avoidance
opportunities in the department.
in fact, many of our improvements were suggested by the department
directors and the employees themselves.
Our role, is to provide solutions and identify improved methods.
So much for what we have done. The question is, what do we do now?
We recognized the problems the Commission faced in developing this
years budget with regard to maintaining :sigh quality service
without increasing costs. The management analyst program is the
tool that you can use in meeting your goals. There is a need for.
an on -going program to provide options for more effective allocation
of resources in order that we may avoid such problems as this
years budget presented.
With these options in hand, the city's elected officials and its
line managers, will be able,to make choices among alternatives
that are based on facts and -a clear analysis of them. We urge
you, the Commission, to carefully consider the continuation of
this, the management analyst program in the context of the
management services department so that not only in the Finance and
Building Department, but in all departments througl.out the City,
standards may be developed by which performance level's can be
established and improved. I would like to go back to that because
it is an essential point for improving productivity in the City.
Standards can be developed by which performance levels can be
established and improved.
The analyst would continue to develop method improvement while
establishing standards which can be used to balance manpower
and resources to the volumes and kinds of work required.
Ile would develop readily adaptable to a continuing reporting
??rocess through which managem ant can guage effectiveness and
efficiency. This would provide management and policy makers with
tools necessary for more scientific performance evaluation and
more effective planning for responding to future needs.
Mr. Parkins: What it all comes down to is this. The City is
faced with 3 alternatives. Increased Taxes, reduce the level of
service or increase productivity through a more effective use
of resources.
The first 2 choices are undesirable for obvious reasons. This
leaves us with the 3rd alternative. Increasing productivity
of available resources. This is not just a need for the City of
Miami but in all governments. As President Ford pointed out in
his speech to congress with his whip inflation now program,
quote: To increase productivity and contain prices, we must end
restrictive and costly practices- whether instituted by government,
industry, labor or others.
That Ladies and Gentlemen is what the Management Analyst Program
is all about. What is has dole, and what it can do to help the
city government in Miami.
Rev. Gibson: The lady said we would be saving an annual sum of
what?
Ms. Butler: $300,000.
Rev. Gibson: You said the first year you save $200,000 and
each year thereafter.
Ms. Butler:
Rev. Gibson:
Mrs. Gordon:
Department?
That saving
Ms. Butler:
Rev. Gibson:
Mr. Andrews:
No I said $300,000 the first year and 30 to 60,000
It was 3 instead of 2. 30 to 60 each year.
Were you speaking of the 1 department, the Building
Is that what you are talking about?
that you are talking about.
The Finance Department.
Has Mr. Bailey seen this?
Yes Sir.
104
OCT 241974
Rev. Gibson: Does Mr. Bailey concur with this?
Mr. Andrews: Yes Sit. Mr. Ferencik is also here and you might
ask him about the Building Department adjustments.
May i say this before ybu ask; the question. This group of
People have been get up as hopefully, and will become more
professional as time goes on, as a group of people that the
department directors can call" on to utilize in improving con-
ditions in their department. I don't want to create a situation
where we are moving people in and telling the department director
that you have to operate this way. This is a way that the department
directors to obtain professionalism to have available within the
City, a group of people that can put these things together to
operate better and believe me, we can do this all over the City.
Parks and Recreation, the Fire Department and every department
in the City and now I would like to make a pitch before Mr. Ferencik
makes his statement and that is, the reason we had this introduction.
It was to demonstrate what we can do with this new .department of
management services by collecting all these functions together in
one location that can provide this kind of management services
throughout the City. We can forth with some real savings for
the City.
Mayor Ferre: I want to really congratulate you Mr. Andrews
and the administration and all of you involved. This moriing I
was a little bit critical in'another area, so let me at this
point when due merit is due, this is really teriffic exhibition
and practical and hard reality and good management and I am very
encouraged and its wonderful. I congratulate all of you that are
involved. Let me say if you keep on going this way, you may not
need Booz-Allen around any more.
Rev. Gibson: I want to ask a question. You said first year,
$300,000 and 30 to 60 each year thereafter. What I don't understand
is, Mr. Andrews, for this, I pay what? Not this year only but
hereafter?
Mr. Andrews: Are you asking what the cost of this is in order to
get it in place?
Rev. Gibson: And to continue it in place. You see just to start
isn't good enough but what I am saying is, if I am going to save
$300,000 my first year, how many people must be added?
How much is it going to cost me?
Mr. Ferencik: Let me say this first that I have worked very
closely with 4 of these young people and as long as the City of
Miami has people like this on their staff, we are in good shape.
They are ambitious, they have good minds and they have come up
with a lot of good ideas.
You are doing what I think they were afraid you were going to do
right off and that is, you didn't listen to part of his speech.
He didn't say he was going to save you $300,000 or $400, 000
they are talking in terms of cost avoidance. That is different
than saving 3 or 4 hundred thousand dollars. Let me give you an
example. We have in the City of Miami Building Department a totally
antiquated system of keeping files, building records. We have
never had the funds, nor have we ever had somebody like these 4
young people to sit down and really analyze this entire problem
and to make a determination as how we could comeup with a modern
up-to-date filing system that will do a better job for the citizens
of the City of Miami. It's not just for me to keep the records.
It's the use that the citizens, the architects, the homeowners,
the realestate people, all these people put these records to.
In order to accomplish this, we operate and we spend all the
money that you people give us, pretty near, in a year. We really
don't spend it all, but within 15% and under our present set of
circumstances would never really develop that central filing
system and I am only pointing out 1 small item that they are
talking about in the department. Really, a net result of what
they have already done is probably going to enable us without
any trouble to pick up this landscaping and new tree ordinance
enforcement without any additional personnel.
105 OCT 241974
Mr. Plummer: I understand what he is saying but also wh�.t I
want to hear him say is what he is not saying that scares me.
All this beautiful record system that they are contemplating
for your department. How much is it going to cost?
Also because I very vividly recall one of the studies that
Hooz-Allen is doing is computerizing your department.
Now you are talking about deferring $301,000. I want to know,
are you going to come her next year.and sAy, I need 2 million
dollars to put in that record system that they saved the
$301,000 on last year.
Mayor Ferre: we are not computerizing that department, are we?
Mr. Plummer: It's contemplated.
Mr. Ferencik: It's contemplated that the entire City will
develop a computer bank that we could use, the other departments
could use for pulling records out.
Mayor Ferre: How are you going to keep a set of plans in a
computer?
Mr. FErencik:- you can't keep plans but you can keep thousands
of other bits of information.
Mr. Plummer: This is a broad overview that the city has a great
failing with. We can save you $10 here but cost you $100,000
over here. Now this is what scares me.
Mr. Ferencik: The city has available through revenue sharing
funds some moneys that will enable this, for instance this one
element of the plan that they .lave, through these rev::nue shar-
ing funds this element, this c.mtral filing thing cou.d be set
up. It won't cost the City of Miami out of its funds any money.
Once the filing system is set up it will save the City money
because it will take less people to operate our filing system,
the space saved will be; that's exactly right, that's what
will happen.
Mr. Plummer: Well, what I'm saying is when you put in all of
this fine machinery; the Clerk now has Big Mama over there
that blows her gasket every once in a while. Let me tell you
what scares me. I went to the Police Department the other
day and I tried to get a copy of a record which when they
broke into the funeral home the insurance company said I had
to have it. Right? I went over there and I saw the most gor-
geous fantastic filing system you've ever seen in your life.
Right? I've got to tell you something. It was all broken
down. Now this is beautiful but I walked out of that station
and until this day and this is now-12 days later, I still
don't have a copy of that record to give to the insurance
company.
Mr. Ferencik: Mr. Plummer, let me tell you what the altern-
atives are. We had a very serious building accident down-
town in the past several months and the need to retrieve and
reproduce the plans of that building was a very real thing
and the quality of storage that the building records have been
maintained in in this City in the last whatever year they
started the microfilming. I don't even remember, is so poor
that this particular roll of microfilm that that building
record was on is welded into a solid celluloid lump.
Mr. Plummer: Bob, I'm not disputing what you're saying.
I'm saying to put in this beautiful records system that they're
saying is going to save the money, how much is the records
system going to cost?
106
OCT 241974
11/
Mr, Ferehoik: Let's aaeune it Costs so newhere in the neigh-
bokhood of $100,000,
•
Mr, Flubmer: Let's not assume anything when you'r.i talking
these figures.
Mr. Ferencik: That's approximately what it will cost. The
hundred thousand dollars with the anhual maintenance on it
will be, I'm not prepared to say at this time. I believe
that there will be enough saving in people time in the depart-
ment that will more than offset, will more than pay that
system.
Rev. Gibson: Let me say this. This may not be the t_me to
say it. At least.... No, thin is not a personal. At least
what I hear now is so much different from what I heard this
morning. At least here the department itself says "Look, I
want to change, I want you to help me to change". You see, I
have nobody to blame but Theodore. Do you see what I mean?
That's what I meant this morning, Mr.Andrews. Now, if I got
the same happening this morning I would have felt comfortable.
Do you understand what I'm talking about? Ok. But here is a
man who is affected who (INAUDIBLE) he may reduce. I think
that we have responsibility and he has to modernize. Yes,
there is no question about that. But I like the fact, I wish
Mr. Finance man, Mr. Bailey was here because I operate on a
theory that if parties who are involved are here and it doesn't
work later on they're the guys I'm going to be pointing at
and cussing at and be madder than.... Ok. Now I like the
fact that you're saying to us; well, this is so much better
than what you have and this is responsible action.
Mr. Plummer: Father, you know that is all well and good and
I'm going to hurt somebody's feelings now but I've got to lay
something out on the line because I've said it before to them
privately. Now you know about 6 months ago we were told by
the Clerk if we bought all of these fancy machines - "We'll
do a better job, we'll have less people involved and every-
thing." Now what has happened? We spent $21,000 was it or
$20,000, $2100 dollars on all of these new fancy machines.
We used to have Hoot up here and every once in a while we had
Ralph. Now we've got the new machines. We now have Hoot, we
now have Ralph and we now have the new gentleman, Rob. Now
this is the point that I'm trying to make. Before we had a
good system, we got our minutes, we got everything. Man, we
went out we bought beautiful machinery. Cut down, cut down.
We can really save money if we get this new machinery. Now
we've got the new machinery. We not only have one, we have a
backup to one but now we've got three people instead of one and
a half. This is the point I'm trying to make.
Reverend Gibson: J.L., that's why I asked these figures of
money. But I have to say this, J.L. even with all of that i
think we're going to stay in thsball game. We're going to
start changing, we're going to have to start playing ball a
little differently and what really sells me is you are here.
And other than these guys coming here and telling me that this
is what I ought to do in the City of Miami and they don't
know the problem. That's what I like.
Mr. Plummer: Alright, let me get to one other...
Rev. Gibson: I can understand your concern about this....
Mr. Plummer: You know, it is just something we're living
1
10'7 OCT 2. 41974
r
With more each day. The bail game Was damned hear over at
budget tiMe this year. No yen know, let's put facts on top
of the table. Let me get to another point if I can. Hey
look, I'rn all in favor at youi program and I think yc it prod,
gram can in fact do a lot for `thin City. Now here is. where 1
find fault. Who paid your salary last year?
INAUDIBLE
Mr. Plummer: Ok. Who did you work under last year?
Mr. Ron Parkins: I work for the City, I work for the Police
Department.
Mr. Plummer: No, I'm saying as a team who did you work for?
Who did you work under:
Mr. Parkins: During this past year?
Mr. Plummer: Yes.
Mr. Parkins: Well actually, Mr. Andrews' Office.
Mr. Plummer: Fine, a point I'm trying to make. Why do
you have to create another, one more department in the City
of Miami? Departments costs money. Departments without
question cost money. Now why does it have to be? It would
seem like to me and it would give me pore to scream about at
budget time with the City Manager's budget of having more
people on the payroll but it seems like to me that you are
only a recommending body to the City Manager, that you right-
fully should be under the City Manager as the same way as
other areas of his department. Now I just don't see why you
must create another department which creates more cost.
Mr. Andrews: If you follow that process and we're trying to
bring computerization into being in the City; that's another
area that should be associated. Whether you call it a depart-
ment or whatever you do, if you put it under the Manager and
somebody in charge of that area you're doing the same thing
except that you formalize it by having the department to oper-
ate as an arm of the total City Government. This embraces
internal auditing and it'is going to embrace all of those
functions that would provide management services throughout
the whole city. There is absolutely nothing wrong with creat-
ing a department. Your fear is that by creating such another
department that there are going to be additional costs.
Mr. Plummer: There is.
Mrs. Gordon: What about the assisted spending, secretaries
that will be required.
Mr. Andrews: We will have those anyway, Mrs. Gordon.
Mrs. Gordon: Why?
Mr. Andrews: Well, you need them in order to do the things
that they're doing and become involved in. In order to effect-
uate some of these changes you've got to
Mrs. Gordon: How are you going to pay for all of this, Mr.
Andrews?
Mr. Plummer: That's my point. You're really getting to the
gut of the issue.
108 OCT 241974
110
Mr. Andrews: A1rright.. HOW are you hot going to pay for
it when it contes time for another budget cycle and you don't
put these improveMents into affect that people like Mr. Fer-
encik who don't have the energy in hill own department and the
know how to Make these adjustments and we can't reduce costs?
Mr. Plummer: Paul, you've just said that they've already
instituted over half of the recomMendations.
Mrs. Gordon: I understand you've had these people fr)m Booz
Allen to tell you all of these things.
Mayor Ferre: That's right. Now let the chairman say a little
bit here because
Mr. Plummer: Well I haven't gotten my answers yet.
Mayor Ferre: Yes, but I'm going to give you part of your
answers. I want to tell you I went to the American Management
Association and I found out about all of these things. Let
me tell you. No, Gerald Ford never had to meet a payroll and
Maurice Ferre has so let me tell you how it works. These
people like Mr. Ferencik are so busy with their day to day
work that when they get there in the morning they have a stack
of papers this high, 50 phone calls, the Manager's Office call-
ing saying "Plummer is on my back on this, why don't you get
this thing resolved;"
Mr. Plummer: At least you're telling the truth for a change.
Mayor Ferre: And Ferencik spends half of the day trying to
figure out what to do to answer the Manager so that Rose will
be happy with the Tree Ordinance or some other thing like
that and Plummer with something else &.nd Father with something
else and all of the things that are going on in the adminis-
tration. He's got no time. The only time he has is to come
in on weekends to figure these things out. These internal
management improvement programs and self analysis are one of
the most valuable things that you can have in any organizat-
ion because in the first place it's peer relationship. That
is your line, I'm stealing your line, see. These people are
a part of the City - they work together. maybe not in the same
departments but they work in the same City. When they walk
into his department they've got a report and a relationship
with his people that Booz Alien and somebody that comes from
the outside may not have. There is value in this. I think
it is very good. I'm all for it. I might point out that
this looks like it is a Booz Allen and Hamilton report.
Mr. Parkins: This is our report.
Mayor Ferre: Is this your work?
Mr. Parkins: Yes, sir. It is.
Reverend Gibson: You work for the City and you're telling
us that this was wrong. You mean worked with this?
Mr. Parkins: Yes, sir, we do.
Mr. Andrews: They all do.
Rev. Gibson: You mean to tell me you work for the City? And
you agree with it? Mang
109
11,
Mayor Perre: The thing I'M puzjtled &Wilt then is Wily i this
Under the cover of BOOI Allen over letter?
Mr. Parkins: We received the training from Booz Alen and
Mantilton in the overall program and that's the reakon why
their....
Mayor Ferret This is your work product?
Mr. Parkins: Yes, sir. It is.
Mrs. Gordon: Which department were you with before, the
gentleman with the mike?
Mr. Parkins: The Police Depart.ent.
Mrs. Gordon: And what did you do there?
Mr. Parkins: I was working in the Special Investigations
Section.
Rev. Gibson: Where do you work?
Ms. Butler: I'm a zoning inspector in the Building Depart-
ment.
Rev. Gibson: Where do you work?
Mr. Lindeman: The Budget Office, sir.
Rev. Gibson: The Budget Office. Where do you work?
Ms. Johnson: Public Works.
Rev. Gibson: What? And these people are telling us
Mrs. Gordon: Who took your place in the jobs you were in
before?
Mr. Parkins: I don't know.
J
Mrs. Gordon: Or didn't they need you there or what happened?
Did they create a vacancy?
Mr. Andrews: Yes, but they didn't create a vacancy. The idea
here was to have all of the departments in the city to cooper-
ate and they did. And we went through Booz Alien to all the
departments in the City and we had employees submit applicat-
ions. How many applications did we receive? Thirteen applica-
tions from various employees and they were screened by Booz
Allen as to their education, background and all of these
people were interested in getting into this team.
Mrs. Gordon: I'm not doubting their qualifications, I only
want to know who took their place.
Mr. Andrews: They didn't take anybody's place
Mrs. Gordon• Who filled the vacant slots where
they were working?
Mr. Ferencik: Wait a minute, let me defend that position
because it affects me. Now that young lady, Miss Butler was
taken from our department. She did not do the study on her
own department. he worked on the Finance Department. They
10 OCT 241974
110 110
didn't do that. But what Mayor ?e,tre sap!true.
y � very
The day to day operation of the department takes upon. of
your time. You just don't ever get the chance to sit down
and do the things, analyze your own operation internally.
Now for the inconvenience and the extra work and whatever
else fiappens and really to the City in cold dollars and cents
for the price of one toning inspector we've got this. We've
got three more people to boot to work on this project. Now
when it is over presumably they will go to some other depart-
ment and do the same thing.
Mr. Plummer: Yes. But Bob, you know the way this City oper-
ates the next thing we're going to be doing is spending a
hundred thousand dollars bulging your walls out to put this
new machinery in. That's the way the City always operates.
Mayor Ferre: You make a lot of sense. There is nothing
wrong with you that a good liberal education wouldn't cure.
Mr. Plummer: May I never get that kind of an education!
Mrs. Gordon: I just want an answer to a question. I'm not
raising objections. I didn't get it yet. When you left your
department where you worked before you entered this program
was your slot filled by somebody else or was it just left
vacant?
Mr. Andrews: No.
Mrs. Gordon: Is it going to be filled by somebody else
or Will it be left vacant?
Mr. Parkins: The slot was left open and as far as I know
it was not filled.
Mrs. Gordon: Is it going to be filled?
Mr. Andrews: No, he is that position in that
from the department to work for the team.
Mrs. Gordon: I know this, Mr. Andrews but can
ment get along without him permanently or. only
Mr. Andrews: These people were
Mrs. Gordon: Are they going to
slot borrowed
that depart -
temporarily?
borrowed from those departments....
be replaced by someone else?
Mr. Andrews: I'm not sure yet. I'm so impressed with them
that they may never go back.
Mrs. Gordon: Oh you're not answering my question at all.
Mr. Andrews: Why am I not answering it, Mrs. Gordon?
Mrs. Gordon: I'm asking you a simple dollars and cents
question. When you create a vacancy in a department, when a
position was filled by someone and that person is removed is
that position going to be refilled or kept vacant? Is it going
to be eliminated? If it is going to be refilled then let's
face the facts. We're not against the program but the program
is going to cost us this much money. Now let's face it.
Mr. Andrews: It is on the theory that the improvements they
begin to make will reduce the requirements in the departments
so the position will not be refilled.
111 OCT 2 41974
Mrs. Gordon: 'chit that job you did in the dice Depart...
Meht will not be filled by anyone else because it will no
longer be needed sine you have left it. You are going to
fill it up, close it up and it won't have to be rehired.
Mr. Plummer: You're kidding yourself.
Mrs. Gordon: No, that's what they just told me.
Mr. Plummer: SIU? They put on five new onea every year.
Mayor Ferre: Ladies and gentlemen, it is almost 5 O'Clock.
We have a 5 O'Clock agenda and I think somebody has to go to
Tampa and somebody else has to go see the Governor at 5 O'Clock
so we'd better
Rev. Gibson: Mr. Mayor, let me make this comment please. At
least I rejoice over one thing. You are City employees and
you know these fellows and you're eyeball to eyeball with
them. You know where all of the skeletons are, at least you
knew when you entered and it isn't like that gentleman who
comes in here and everybody's dander is up and says look,
this is outside coming in here telling us how to run our oper-
ation. At least I'm proud of that much and it says another
thing, Mr. Manager. It says that maybe some of these people
that we have employed are not working to their ful.e potential.
That says another thing.
Mayor Ferre: Well, I agree with everything you said except
one thing.k It still remains to know where all of the skeletons
are hidden right now.
Mrs. Gordon: Can we get from you, Mr. Andrews, a figure of
net cost to the City to establish this program, net cost and
whatever savings there may be?
Mr. Andrews: Yes, I can supply you with that.
Mrs. Gordon: Ok, then we will know intelligently what we
are doing. Ok. And may I commend you on your speaking voice.
I thought you were in radio or television.
Mr. Andrews: I would like for you really to take it on first
reading but if you don't want to.
Mayor Ferre: I have no objections unless somebody else does.
Mr. Plummer: I want to see the figures.
Mrs. Gordon: I want figures.
Mr. Plummer: Paul, what I want to see I'll tell you, I
want to see a complete breakdown as to what this department
will cost. Now I'm not just talking about salaries. I'm
talking about space that we don't have at City Hall for them
to function in. They're functioning downstairs almost in a
bathroom now, typewriters, secretaries, the whole nine yards.
I want to see a cost factor including what the new director is
going to cost. I want to see a whole breakdown on the thing.
That's insurance and pension and the 1% a year for the depart-
ment head.
Thereupon a motion to defer was introduced by Mrs. Gordon,
seconded by Mr. Plummer and passed unanimously.
112
OCT ; ill;
34.
!'he fo11o*.-+ing resolution 'mms introducedd. by *"rj 'Mummer
who moved its adoption:
RESOLUTION NO. 74-1201
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF
MIAMI AND METROPOLITAN BADE COUNTY WHEREIN THE
CITY AGREES TO FURNISH TRAFFIC POLICE SERVICES
IN CONNECTION WITH THE TRANSIT IMPROVEMENT
PROGRAM ON US-1/SOU1H DIXIE HIGHWAY AND THE
COUNTY AGREES TO RE1x4BURSE THE CITY FOR THE:
EXTRA EXPENSES INCURRED IN PROVIDING SUCH
SERVICES.
(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. Gibsor, Mrs. Gordon and Mayor Ferre.
NOES: None.
TRANSFER $26,000 FROM CAPITAL IMPROVEMENT FUND FOR CONSTRUCTION
35, OF FACILITIES AT LEGION PARK=DAY CARE PROGRAM FOR THE ELDERLY
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 74-1202
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO TRANSFER $26,000 FROM THE CAPITAL IMPROVE-
MENT FUND FROM UNALLOCATED SOURCES FOR THE
CONSTRUCTION OF FACILITIES AT LEGION MEMORIAL
PARK FOR THE DAY PROGRAM FOR THE ELDERLY.
(Here follows body of resolution, omitted here and on
file in theCity Clerk's Office.)
Upon being seconded by Mr. Reboso the resolution was
passed and adopted by the following vote -AYES: Mr. Reboso,
Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
113
OCT 1974
36► MOTION PROVIDING $25,O00 FROM UNEXPENDED FEDERAL REVENUE SHARING
FUNDS FOR DAY CARE PROGRAM FOR ELDERLY AT LEGION PARK
f
The following flot.on was introduced by Mrs. Gordon who
moved its adoptions
MOTION NO. 74-1203
A MOTION PROVIDING $25,000 FROM UNEXPENDED
FEDERAL REVENUE SHARING FUNDS FOR A DAY CARE
PROGRAM FOR THE ELDERLY AT LEGION PARR.
Upon being seconded by Mr. Reboso the motion was passed
and adopted by the following vote -AYES: Rev. Gibson, Mrs.
Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
Rev. Gibson: Mr. Mayor, I ought to auk the Manager. The
people at Virrick Park, the senior citizens there raised some
real questions with me about whether or not the City was going
to do something about their situation there and they pointed
out that not even those, what's those burning things they,
the kilns, that they have no trouble with that and they just
wondered.
37. AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT FOR
DAY CARE PROGRAM FOR THE ELDERLY
Thereupon the following motion was introduced by Mrs.
Gordon who. moved its adoption:
MOTION NO. 74-1204
A MOTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT TO OPERATE A DAY
CARE PROGRAM FOR THE ELDERLY FROM JANUARY
1, 1975 TO OCTOBER 31, 1975 (JEWISH HOME
FOR THE ELDERLY).
Upon being seconded by Mr. Reboso the motion was passed
and adopted by the following vote -AYES: Mrs. Gordon, Mr.
Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None.
AMEND RESOLUTION 74-1146 MODIFYING BID OF ADH FOR CONSTRUCTION
38, ANnNAFPOLICE
D T NGETHEATQTpLTEg HEADQUARTERS
IN T O I THE BY
IDDELETING UR I TY WALL
The following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1205
A RESOLUTION AMENDING RESOLUTION NO. 74-1146,
ACCEPTING THE BID OF ADH, INC. FOR CONSTRUCT-
ION OF THE MIAMI MODERN POLICE HEADQUARTERS-
1974 BY DELETING THEREFROM ADDITIONAL ALTER-
NATE ITEM NUMBER 2 OF BASE BID NO. 1, THE
CONSTRUCTION OF A SECURITY WALL, AND AMENDING
THE AMOUNT OF THE TOTAL BID FROM $5,518,600
TO A TOTAL OF $5,440,600, BY SUBTRACTING PROM
THE INITIAL AMOUNT $78,000, THE BID PRICE FOR
THE DELETED ITEM; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF
OF THE CITY OF MIAMI MODERN POLICE HEADQUARTERS-
1974.
114
OCT
1574
•
(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,
Mr, Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
39,OWNPORRWIP9EligANTIAESRDONOFPERMITTO
HOLDFUND RAISING
CARNIVAL AT N,W.D AVENUE CITY OWNED PROPERTY
The following resolution was introducedIbyMr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1206
A RESOLUTION RESCINDING RESOLUTION #74-1112, AND
AUTHORIZING THE ISSUANCE OF A :'ERMIT TO THE MIAMI
COMMUNITY POLICE BENEVOLENT ASSOCIATION TO HOLD'A
FUND-RAISING CARNIVAL FROM NOVEMBER 22ND THROUGH
NOVEMBER 29TH, 1974, ON PROPERTY OWNED BY THE CITY
OF MIAMI LOCATED AT N.W. 22ND AVENUE AND N.W. 11TH
STREET, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
Upon being seconded by 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.
Mr. Plummer: Mr. Mayor. I haven't yet voted on this item for
the Police Department.
Mayor Ferre: Yes you have.
Mr. Plummer: No, I haven't
Mayor Ferre: Well then I tell you what, we've been going
kind of fast and you did technically vote on it but if you
want we'll open it up again.
Mr. Plummer: I would like a little bit more here from the
Manager in reference to the first, (1) this is the authority
for you to enter into a contract for the garage. I haven't
seen any bids
Mayor Ferre: No. Let me read it.
Mr. Andrews: You have the wrong thing. I'm not asking for
that at all.
Thereupon the -Mayor began reading the resolution by title.
Mr. Plummer: Now wait a minute, this is what I was just handed.
Mayor Ferre: You were also handed the resolution. That is a
memorandum which explains it.
Mr. Andrews: No, that is a different subject, Mr. Mayor, and
it shouldn't have been distributed and I'm not asking for that
115
001
to be &t ted updoh by the Cormtission.
Mayor Ferre: Well, what's going on.
Mt. Fluttmter: That's what I'm asking. We're passing paper
work around here, I can't keep up with it. 1 know where it
tattle from, they put it right here in front of me.
Mayor Ferre: Are we passing this resolution here,as I under-
stand it?
Mr. Andrews: Yes.
Mayor Ferre; And delete $78,000 from the initial amount. Is
that right? And it authorizes the director, the City Manager
to enter into a contract on the behalf of the City of Miami
with ADH, Inc. Is that correct?
Mr. Andrews: Yes.
Mayor Ferre:
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
That's what I voted on.
Yes.
Is there anything else?
No, not in that area.
MISCELLANEOUS DISCUSSION ITEMS
40. "COMMUNITY DEVELOPMENT ACT" AND "INTERAMA" BRIEF DISCUSSION
Mr. Andrew:: Mr. Mayor, in the next several days I hope by
Monday or Tuesday I will be. supplying the City Commission with
a packet of information and explanation on the Community Devel-
opment Act. Before, prior important projects we used to gather
a lot of information and make a lot of decisions on how monies
are to be spent and then supply the Commission with recommenda-
tions. This is such an important act and over the next five
years we will be receiving nearly $50,000,000 and I want to
have the time to explain to the Commission where these monies
can be spent and where they cannot be spent so that you can
begin to establish some,policies so that we can have that
guidance. You're going to have to have community input and
I want to have a work session with the Commission at a formal
meeting where after you receive this information so that I can
get your guidance. We'11 explain the program and we have a
slide presentation that we purchased for $15.00 from the federal
government that we'll be using over and over with the public
after we present it to you, and other materials. So you set
the date, you tell me when you want to do it.
Mayor Ferre:
It will have
Mr. Andrews:
Well obviously it can't be at the next meeting.
to be beyond that.
We can take about 45 minutes and I recommend
that you do it.
Mayor Ferre: If you've got 45 minutes to do that then you've
got time to put on the thing that Mrs. Gordon wanted.
Mr. Andrews: Well, that's why I was hedging on Mrs. Gordon.
Mayor Ferre: Well, what she asked for comes first for a very
simple reason. That's an item that's of concern to the Com-
mission right now. Now the other thing is not something that
116
111
we have to decide in Movembet is it?
Mr. Andrews: Well yes, sir. We have to have a program
application in to the federal government by the end of Decem-
ber, In order to begin those kind of timetables we have to
do this as soon as possible.
Mayor Ferre: Mr. Andrews, I am going to repeat I have confi-
dence in your judgement in this matter and you judge, you
guide yourself accordingly. You know what the will and wishes
of this Cotmt►ission are. You play it the way you think is right.
If you're wrong we'll let you know.
Mr. Andrews: I have one last item, Mr. Mayor and that is
Interama. Mr. Joe Krasse, if I'm pronouncing the name prop-
erly, Deputy Director of•the State Budget Office, I hope is
here in the audience. Is he here?
Mayor Ferre: Is the Deputy Director of the State Budget in
the audience now? Is there anybody here representing the
State Budget Office on Interama? Well, I'll tell you, even
if he isn't here I know what he's going to talk about, I think
and I won't talk for him but let me touch on the subject. As
you all know the state is becoming involved in the deliverat-
ions through the Board of Regents on what to do with Interama.
One of the things that the state wants to know is what does
the City of Miami want with its land or with its money. And
they want direction. And I would like to recommend to this
Commission that we go on record saying we would be very pleased
if we got our 81 million dollars because we've got a lot of
places where I think we can use it and they can have the land.
Mrs. Gordon: How much land, Maurice was involved in that 81
million?
Mayor Ferre: We've got about 90 acres, I think. Paul? It
is about 90 acres.
Mrs. Gordon: Could we get some information then in writing
from you or from somebody on that.
Mayor Ferre: Mr. Andrews, let's take to the subject. Mr.
Andrews, would you answer Mrs. Gordon's question now.
Mrs. Gordon: How much land is secured by that 81 million
dollars?
Mr. Andrews: Ninety-one or ninety-two acres.
Mrs. Gordon: What would the market value be on that land?
Mayor Ferre: It all depends how you zone it, It all depends
how you use it, whether you leave it as low land or whether
you put a marina on it.
Mrs. Gordon: Well is it low land now?
Mayor Ferre: It is half filled, I think.
Mr. Andrews: At the time, Mr. Mayor and members of the Com-
mission that we entered into this agreement for the deed for
this property the assessed value of that was at that time
anticipated to be in excess of our debt.
Mrs. Gordon: How many years ago was that, Mr. Andrews?
11?
Mr. Andrews: A s oxirnately 2 years ago.
•
Mayor Ferret Rose, I would guess, it is toned for a boat,
motel, boatel marina and eo on. I would guess that that land
is well worth over ten million dollars. But I don't think
you'll ever get that because you can't sell it. It is one of
these situations where.
Mrs. Gordon: Do we have to make a decision today on it?
Mayor Ferrel No. But you'd better be thinking about it
because the state is going to want to know. We've got a
lien against this land. They want the land and I for one am
not for the release of the lien.
Mr. Plummer: That's not a lien. We own it. We took quit
claim..
Mayor Ferre: We have title to the property. Ok, and I for
one am not for giving up that property you know unless we get
credit for it.
Mrs. Gordon: Let's get all the information. Ok?
Mayor Ferre: Ok.
41, PROPOSED ORDINANCE AMENDMENTS - CA AIRPnRT COMMERCIAL DISTRICTS
PTSCUSSIfN AND DENIAL OF ORDINANCES
Mr. Acton: Mr. Mayor and members of the Commission, you should
have in your agenda folder tie report that was done in col-
laboration with the Dade County Plannin3 Department, the Air-
line Pilots Association.. because I want to refer to certain
pages in this report in our presentation. We have in the
audience Mr. John Sissler who is with the Aviation Department
of Dade County plus Mr. Peter Reveling who is the consultant
that works for the Dade County Airport or the Aviation Depart-
ment on airport problems. He's employed with Howard Needles
Tammon and Berkendorf and they're here to answer any questions
the Commission might have pertaining to the Airport operations.
I would like to start out by referring the Commission to those
very important aspects of this report that have been trans-
lated into the CA recommended Zoning district. I would like
to start out with page 4 and which refer to height controls.
The last paragraph on page 3 is of importance for the Commis-
sion. It states "The Miami Airport Inn which is 6 plus stories
was constructed in the extended centering of runway 27L and is
a few feet below the 50 to 1 slope." That was the slope that
was established by Dade County. This is an overt example of
the need for an additional margin of safety. This structure
has raised considerable controversy in terms of the airport
operations. It should be noted that an approaching Boeing
707 exactly on the electronic guide flight path is approxim-
ately 90 feet above the structure on flying over. It is just
slightly higher than the height of the aircraft when standing
on the ground. Then if you refer to the next page you'll see
a graphic illustration of vet is meant by this paragraph.
Page four and page five. This new zoning district has three
basic recommendations for the consideration
Mrs. Gordon: I don't have a copy of what you're referring to.
Mayor Ferre: It was sent to you on Friday and there was a
note on top that said "This is the last copy that we have,
please bring it to the Commission meeting with you."
. 118
Mies. Gordon:
followed the
Mr. Plummer:
Maybr Terre: M. Anthon;' Abraham. thank you.
Mr. Acton: The next section of this report I would like to
refer to is on page 14 and pertains to noise impact. I say
we're dealing basically with three basic elements in this
report which we've translated. That is a map that illustrates
the estimated noise impact by noise level. And it shows
graphically where the Beverly impacted areas are that sur-
round Miami International Airport and this is the area. The
area that we're concerned with in this study is shown basic-
ally by those lines that illustrate the extended flight path
by the yellow on the map and they extend from the ends of the
runways and that is the area that we are dealing with basic-
ally in the CA Zoning District. This map shows the study area
for the recommended application of this district to the area
that lies to the east of Miami International Airport. It is
the area that is indicated in green. In other words we're
concerned with the, area that is impacted to the greatest ex-
tent by noise, the noise being generated by the flight of the
aircraft coming off the endk of runway.. The last page I
would like the Commission td refer to is on page 35 which
deals with land use, the types of land use that are recom-
mended for this new Airport Zoning District and it is half
way down the page. For the record I will read it. "On re-
view of the study the City Commission denied the change of
zoning. Unfortunately this decision was later reversed by
court action and appeal is now being sought. The conclusions
of the interim report remain valid. The Le Jeune Gardens
area being the most critical in terms of incompatibility with
the airport operations should be rezoned to compatable uses
regardless of the existing development. Compatable land uses
for the Le Jeune Gardens area, would include open storage,
rental vehicle storage, parking, light manufacturing or whole-
sale facilities." That basically points out the direction we
took when we developed the recommended new district to be
applied and very simply the land uses that are recommended
are those which for the most part contain very little people
density per square foot. If you'll look through the recom-
mended district itself you will find that the list of land
uses to a great extent includes many of the land uses that
are presently being utilized in this area such as what this
map illustrates and all we've done here is to illustrate for
the benefit of the Commission those land uses tht are present-
ly being used in the study area, would be permitted uses with-
in the new CA Zoning District.
sorry but I think yoo're t e only one that
directions.
You're wrong.
Mayor Ferre: Go back to the other list so I can see what
you're talking about. Are those the things you're crossing
out?
Mr. Acton: Yes. Those are uses that are presently allowed
in the C-2, C-4, C-5 which we believe are incompatible mainly
because of the people density that's involved. We've elim-
inated all residential uses which would be your hotels or
multi -family. We've eliminated office uses which would again
provide quite a few people per square foot of use. We've
eliminated such things as people attracters such as bowling
alleys, lounges, bars
Mayor Ferre: Mr. Acton, are you going to then grandfather in
the people that are already there?
119
• 6
lb
Mr. Acton, Yes. They will become non .conforming use . •
Mr. Plumber: wait a minute. There is a difference between
a non -conforming use and a grandfather.
Mr. Acton: No, under the terms of the zoning ordinance, well
perhaps it is the wrong term, legally they would become non-
conforming uses under the terms of the zoning ordinance..;.
Mr. Plummer: ...I think the truth of the matter that we have
to address ourselves to, usually, aren't they put under a cer-
tain number of years moratorium?
Mr. Acton: No, sir.
Mr. Plummer: Aren't they prohibited fkom increasing the size
of their facility?
Mr. Acton: There is limitation, yes.
Mr. Plummer: So in other words they're not grandfathered
completely?
Mr. Acton: No, that's true
Mr. Plummer: Ok, because they can't increase more than
what is it, 2576?
Mr. Acton: That is correct. They can continue their operat-
ions but
Mayor Ferre: Now Mr. Acton, excuse me but before you continue
let me; ladies and gentlemen, I see Billy Rolls back there.
We're not going to get to, I don't think - you can stay if
you want but we're not going to get to any revenue sharing
funds this afternoon because Plummer has to go to Tampa and
the Vice -Mayor, so anybody who is here on anything but items
34 or items 35; it is now 5:25 and we've got 35 more minutes
to go and I guarantee you that that'll take up, we really have
to move now to cover it by six.
Mr. Acton: That's right. Well, I'm pretty well done, Mr.
Mayor. I did want to point out to the Commission that this
comes with the joint recommendation All right. Ti:is
comes with the joint recommendation for the area as shown on
the north. This area by both the Planning Advisory Board and
the Planning Department. The area below is not recommended
by the Planning Advisory Board and their main reason during
the course of the hearings was they didn't believe that the
area to the west should be ignored prior to the time that the
City takes any action on applying regulations to that area
that lies along Le Jeune Road and N.W. 7th. They want to
point out to the Commission that once again most of the uses
that are presently in this area such as this large area shown
in the pink color is allowed. It is actually a car storage
area. It is allowed in the new zoning ordinance and you will
find many car rental agencies in that area which are allowed.
That concludes my presentation, Mr. Mayor.
Mayor Ferre: All right, the opponents wish to be heard. Who
are they, please? Ten opponents and 35 minutes. How are we
going to do that one? How many of you want to speak? They
all want to speak. All right, we'll start with Judge Revitz
and go right down the line with Mr. Anthony Abraham. We'll
start with you, Judge Revitz. You want him to start? Alright,
Tony.
12U
Mt. Anthony Abratlm: Mr. Chairman, lacy an gentlemen of the
Commission, I'm priviledged to be here. Our property was ex-
cluded from by the Planning Advisory Board, recommended that
it be excluded. I am objecting to the principle of the mat-
ter and in so doing I'd appreciate your indulgence. I just
want to respond to just two remarks that were made by the
gentleman preceding me. I'm parking cars on a two million dol-
lar piece of property end waiting for, we couldn't make a
deal with Sheraton. They were too tough to deal with and
they moved down the line but we have plans. We spent over a
hundred thousand in apartment building plans and so foxth.
But we're utilizing the property and I'm glad it compliments
the area in accordance to their thinking. If I may, since I
was vitally interested in this I would like to state
very frankly and very sincerely that I've done a little bit
of ground work and a little bit of investigation and I ....
The first thing I want to do, let me get this off of my chest.
I recently visited Chicago, Illinois and this is the O'Hara,
within the immediate proximity of the O'Hara airport. The
blue lines are the take off or the landings and take offs.
In direct line with the landings and take offs are such build-
ings as the O'Hara Office Building, the Marriott Hotel, the
Hyatt House Motel, the Starlight, all in the immediate vicin-
ity of the O'Hara Airport.
Mayor Ferre: What is the distance, Tony? The Hyatt Regency
is at least a mile away from that runway.
Mr. Abraham: Yes.
Mayor Ferre: I've stayed there.
Mr. Abraham: Well, they're all in the within the immediate
vicinity, Mr. Mayor as it relates to this particular area
except the Marriott is 6000 feet away from the end of the
runway. Now my point is
Mayor Ferre: How far is your property from
Mr. Abraham: 4700 feet from the end of the runway
Mayor Ferre: You're on the side and the Marriott is more
under the
Mr. Abraham: I'll get to that, I just want to say this, Mr.
Mayor. Yesterday and today I tried to get ahold oi. Mr. Doug-
las of Douglas Aircraft, if there is any such individual and
I spoke to a Mr. Billings. I wanted to talk to him particular-
ly as it relates to noise factors of all new aircraft, some-
thing apparently that the Planning Advisory Board did not see
fit to investigate and all new planes, every single plane manu-
factured by the Douglas Aircraft Company has what they call a
depressant, a tin can fan which eliminates almost completely
80-90% of all take -off and landing noises.
Mayor Ferre: John, are you listening to this because I'm
going to ask you about this in a moment?
s
Mr. Abraham: This is an absolute fact coming from the mouth
of an individual in the executive position with Douglas Air-
craft. I wrote to the Department of Transportation and the
Federal Aviation Administration in Atlanta, Georgia. I first
talked to them on the telephone and he states in the path of
take -off and landing it is allowed, the Miami and the Dade
zoning allowed 40 foot ground linear distance for every foot
121
�i 1974
of height. to the past that would allow us to build up to
9/00 feet and then it was resolved to 50 feet.
Mayor Terre: r was going to say, you're efficient but not
that efficient
Mr. Abrahams At 50 feet distance for every one foot height
it allows a 77 foot structure regardless of any make whatso-
ever. This is from a structural standpoint, we would have
no objection to the construction of either an office build-
ing or an apartment building on the property. Now this is
from the Department of Aviation and Transportation. "It is
a fact that all new planes are equipped with sound depressers
including the present conversions on passenger and air freight
craft." This is a direct statement by the individual I spoke
with. Here is a position of the runway as I knew them before
I didn't get a chance to review it. This is the Marriott Hotel.
It is in between the take -off runways of these airplanes and
noise was no factor to them, Mr. Mayor because the built an
addition of almost a hundred additional rooms. So they're
getting along and noise is not a factor in any way at all.
But here, directly behind the Marriott. in direct line with
the runway they're building an $8,000,000 eleven -story build-
ing, Sheraton. I cry a little bit now that I see what they're
doing. But this is in direct line with the area. It is approv-
ed for construction and a building permit was allowed. TI.is
was another article out of the newspapers relating to it. The
Airport Inn which is a source of great great great concern is
only 3000 feet away from the end of the runway and I under-
stand that their occupancy is something like 90%. So that
couldn't be a great great factor. Now Mr. Mayor and members
of the Commission, to go ahead and re -zone this property down
to the areas in which they recommend would devalue the prop-
erty into the millions of dollars and make it a depressed
area. Can you feature a greenhouse, ;farm house or a poultry
house or whatever else they allowed on the corner of N.S. 7th
and Le Jeune Road? Or in the contingent property? Or in the
adjacent property or Greyhound utilizes that property for the
bus services and so on? This is an actual photograph and
there it is. It is only.3000 feet from the runway and you
know and I know that airplanes don't take off at the end of
the runway, they usually take off after 50, 60 or 70% of the
runway is used. Here is the density of the area and there are
no vacancies within the area of any account. These are apart-
ment buildings within the immediate area of the airport. This
is the runway that crosses just a slight corner of my property.
This is the corner that this runway slices off, this corner and
I believe that is the reason why your Planning Advisory Board
voted against allowing, including that in the portion. This
is the runway in which there is a high density of population.
Now in making any considerations you must analyze and must
understand that what exists today may not exist tomorrow as
in the automobile business. And every new 1975 automobile
you have a catalytic converter or something that does away
principally with the oxygen or the fowl air and secondly, the
quietness of the motors. So I beseech you in my humble opin-
ion that the use of good business judgement, the men who pay
hundreds of thousands of dollars a year to maintain our City
in analyzing what is being asked today would be a source of
great deterrent and as a matter of fact, a grave injustice
because of nowhere do I know where people have a right to
either devalue your property to a degree where it is only
worth a small percent or take it away without due compensat-
ion. So with deep respect I am pleased about the fact that
the Planning Advisory Board recommended that our parcel of
122
OCT / r.174
property does lobe included, but I also Speak in behalf Of
all of the other members of our area because I frankly and
honestly believe it would be a great great tragedy as it re-
lates to the evaluations of the property and these individuals
who represent the property owners. Mr. Mayor, thank you very
much.
Mayor Ferre: All right,.next speaker. Judge, do you want to
speak now?
Ms. Janice Revitz: Mr. Mayor and members of the Commission,
I think we've gotten to know each other very well over these
many months as,we've considered this particular question.
Before I begin I would like to ask Mr. Acton one question, if
I may with respect to his answer with grandfathering this.
Would you please explain, would you please explain to me what
you mean, for example we all know that the Miami Airport Inn
which is an existing structure within the area in question,
what do you propose to do with this hotel if this entire area
is changed to CA Commercial?
Mr. Acton: They would just become a non -conforming use and
continue their operation. That is the question that I answered
for Commissioner Plummer. They do not discontinue their oper-
ation. There is no amortization clauses that would say, would
within 5 or 10 years or whenever you discontinue. The only
restrictions are that they cannot do a great deal of expansion
on the existing use but they just continue their operation.
Ms. Revitz: So that any existing structures as they fit to-
day are fully entitled to remain and continue in their operat-
ion?
Mr. Acton: Yes.
Ms. Revitz: Thank you.
Mr. Plummer: What is it George, isn't there another clause in
there if the burn over 51%..
Mr. Acton: Yes, that's true.
Mr. Plummer: If they burh over 51% they cannot be replaced.
Mayor Ferre: Ok, let's not get into the details of it because
otherwise we'll be here, you know, about what percent of burn -
age and all of that. Go ahead, Judge.
Ms. Revitz: With respect to this proposed new ordinance be-
fore you for many months we have contended and I specifically
represent the owners of lots 1 thru 3, Block 1, Le Jeune Gar-
den Estates. For many months we have contended that any such
re -zoning (1) would be an illegal act of the Commission because
it would be spot zoning. It would amount to unlawful taking
of property. It would be inverse condemnation and I submit
not only in behalf of these land owners that I represent but
in all others affected the same problem would exist. Further,
we've also pointed out that if indeed something constructive
is to be accomplished by a re -zoning then this something should
have been done many many years ago when this Miami Internat-
ional Airport Study came out. I belive that was in December
of 1971. Many years have gone by, many structures have been
built and accordingly because of the lapse of time and because
no action has been taken we are now confronted with the area
as it exists. And accordingly, to delude ourselves that any
12a
OCT 2 41974
110
re -zoning would accomplish anything of sterit is Simply that -
a delusion. The area is built ups There is the Miami Air-
port Inn. There are office buildings, There are apartment
buildings. There are people living and working in the area.
Further, to go to and again over many months on the merits of
the proposed re -zoning we have tried time and time again to
get Mr. Acton and/or others who make t:tis recommendation to
you to substantiate how what they proposed would accomplish
or even be in accord With the recommendations of the Miami
International Airport Study. Today, Mr. Acton, we haven't
really received the answers before, why these verk restricted
uses are in accord with the airport study. As Mr. Abraham
pointed out and with his permission because the letter is
directed to him I would like to take this opportunity to read
to you the full letter to Mr. Abraham on May 20, 1974. May I?
Mr. Abraham: Sure.
Ms. Revitz: From the Airspace Specialists, Airspace and Pro-
cedures Branch, Mr. Donald Ross with the FAA, the Southern
Region, Atlanta, Georgia, May 20, 1974: "Dear Mr. Abraham,
This will confirm our telephone conversation of May 17th, 1974
in which we discussed utilization of the property located in
Miami, Florida at N.W. 7th and Le Jeune. From the structure
standpoint we would have no objection to the construction of
either an office building or an apartment building on the prop-
erty. In our opinion, however, due to the proximity of this
property to the Miami International Airport a significant amount
of noise and disturbance can be expected. In our opinion use
of the property building for an apartment is not compatible
and while the use of the land surrounding an airport is a
local or state responsibility we recommend the use of such
land be restricted through local zoning to the extent possible
to activities or purposes compatible with airport operations."
I've read it in full to be fir but the point is that he :lays
he does not object to apartment or office. Now to Mr. Acton's
substantiation of these restricted uses based on the Airport
Study; I think in all fairness if we relate to the study then
we have to read it in its entirety. Mr. Acton sited to you
page 14 of the study which deals with the noise impact. What
he failed to tell you and he took,therefore, his position out
of context, was page 16 deals with noise abatement procedures.
Page 22 deals with landscape buffers. Page 22 also deals with
noise insulation. The conclusion, you can have an office
building, And an apartment building constructed in such a
fashion that you alleviate the problems which may be created
by the factor of noise in relation to the airport. As a mat-
ter of fact the Miami Airport Inn was constructed in such a
fashion, I'm quite sure. As a matter of fact, the hotel right
above the airport obviously has been constructed in that fash-
ion because people sleep there every night. As a matter of
fact the airport itself has been constructed in that fashion
because you and I have been there quite regularly and none of
us are disturbed by the airport's airplanes taking off and
landing. So, I'm not here to degrade the study and say that
noise pollution is not a factor. I'm simply saying Oat you
can build structures, apartments, offices, whatever and not
have the noise pollution problem. (2) In support of this re-
zoning before you today Mr. Acton sites page 35 of this air-
port compatibility study, land use. And he tries to substant-
iate these very restrictive uses by referring you only to
page 35. However, if you turn to page 33 of the study in the
middle of that page you will see language which says: "Yes,
limit the use but provided,"and I'm quoting, "Provided, how-
ever, that the area is not already substantially developed."
124
The area is already substantially developed and therefore;
any future development ehou]d certainly be in accord with
existing developments. You.cannot sudtnenly in an area that
has already been developed say that you can't continue this
development and degrade the area.
Mayor Ferrel Judge, excuse me for interrupting you but we've
got 15 minutes before Mr. Plummer has to leave and in fairness
to the other speakers...
Ms. Revitz: I'm concluding. In conclusion then. in making
your decision we would ,respectfully hope that you will take
pognizance of the entire area as it exists because it cannot
'le changed, that you will take cognizance of the entire Air-
port Compatibility Study and .chat you will not adopt any zon-
ing which would be in violation of the law by unlawfully tak-
ing a person's properties. Thank you very much.
Mayor Ferre: Allright, thank you. Now I'm going to skip
over and go to the Grapeland Heights Association and see if
they want to make a statement at this time and then we'll
come back to the land owners. You're a land owner, aren't
you? Alright, let's hear from the association.
Mr. Jasper O. Andre: I would like to represent, and I am of
the Committee of Beautification....
Mayor Ferre: Your name, title and address for the record.
Mr. Andre: My name is Jasper. 0. Andre and I live at 960 P.W.
35 Court, just a little ways from here. The reason I want.
to talk about it is because we were here before a committee
called the advisory committee. We have had talks with Mr.
Whipple when he had showed us a smiler map and we disagreed
on the fact that the area around the airport shall not be
increased with commercial activities anymore than it is today.
I want to say that I have lived in this area since 1949,
worked for an airline which brought me from this area right
from 36 street and I had to commute back and forth. And all
I've seen on Le Jeune Road years ago was all these car dump
garages and also wrecking places and a deplorable looking
sight. In relation to what the City of Miami or Dade County
which has been part of it too has done in the airport to im-
prove increase for tourism and has spent thousands and thous-
ands of dollars to beautify the entrance, the incoming and t
the outgoing of the airport for the benefit of tourism; but
they forget one thing. they are trying now to increase com-
mercial activities in the area and I think while we're talk-
ing about noise it seems that you have an airport man here,
an aviation or a pilot Association or whoever it might be.
While we're talking about noise and I don't want to forget
thatll'm trying to get through it as quickly as I can is that
we have noise which we can no longer bear anymore than we
possibly can. But yet while we have a complete you know
distortion or we say the decible is so great and the vibration
is so hard that you can lay right in front of your house here
in a private home, and I'm not talking about hotels or big
apartment houses, and as you get a 727 pulling out which most
of them start half way on an east -west runway and they'll
bank off to the right or go straight, whichever they want to
do. They have a free going land to fly anyway they like
because it doesn't seem that they hold a pattern. Well i'll
tell you when you're laying here on this seat your intestines
just tremble from the terrific vibration at the angle in
which they're pulling. Our complaint has nothing to do whether
125
you put low density buildings or
to get away frolic the ugliness of
in that whole entire area. This
high. We prefer the high
the coercial situation
is what we're talking about.
Mayor Ferre.: Alright,,let me interrupt you so we can get
this clearly established on the record. Are you telling me
that you're speaking for the association? Is the association
for or against?
Mr. Andre: I am speaking for the association to eliminate
commercial uses of the land within this area entirely, south-
west of seventh street and e.ist of Le Jeune Road. We don't
mind buildings.
Mayor Ferre: Are you saying that you agree with the rollback
or that you disagree with the rollback or do you agree with
the recommendation of Mr. Acton?
Mr. Andre: I agree with the recommendation that we utilize
this land not for commercial use, Mr. Mayor. We don't want
no commercial increase at all. In fact, what we have now
I'd like to see a diminishing area of that. As they go out
of existence by leases then throw them out.
Mayor Ferre: In other words you would rather see hotels and
apartments there.
Mr. Andre: Absolutely because they beautify the area. It
improves the property and it doesn't condemn it and make it
look so deteriorated like it is trying to be done now by a
zoning order.
Mayor Ferre: Is this an official position that the association
has taken?
Mr. Andre: The association has been }sere before the advisory
board, Mr. Abraham has been here, I have spoken and we have
more representation here from the association. This is the
position we took.
Mayor Ferre: Mr. Jasper, just answer my question. Did the
association take an official position on this?
Mr. Andre: Well, they'll backup this, the official posit-
ion....
Mayor Ferre: Was it brought up at a meeting, did you vote
on it?
Mr. Andre: Yes.
Mayor Ferre: Ok.
Mr. Andre: We voted at our executive board that we shall
back up the issue to not degrade the area with commercial
buildings anymore than it is today and to diminish the present
if possible.
Mayor Ferre: A11 right. In other words you're in favor of
what the judge and what Mr. Anthony Abraham have said. Is
that what you're saying?
Mr. Andre: Absolutely, I think he should that property devel-
oped the way he sees fit.
126
Mts. Gordon: Mrr. Mayor, I think there needs to be some clar-
ification for everyone here is to what the present zoning per--
Mita because the present zone nth permits as far as residential
uses only hotels or motels, not apartment houses in the C-4
portion and if someone with a stick will get over there and
point it out the people will know exactly what I'm talking
about. That area is not presently zoned what, Mr. Whipple?
Will you please explain what is presently zoned and what resi-
dential uses are permitted in that zoning.
Mr. Whipple: Running from the top you have the C-5 zoning
classification which would only permit hotels and motels.
Coming on south you have the C-4 classification which wou=.d
permit boatels and motels including this C-4 portion here.
Further down, this grey area is zoned C-2 would permit multi-
ple family development, single family duplex, boatel and motel.
Mrs. Gordon: That is the portion that is closer to where Mr.
Abraham is concerned but the portion the judge referred to is
in the portion that is presently C-4, I believe. Right? But
you understand apartment houses are not permitted there and
Mr. Andre, you understand that apartment houses ar, not per-
mitted there.
Mr. Andre: I do but what I'm saying, and you must understand
this, Mrs. Gordon
Mrs. Gordon: I understand but I just wanted to point out.....
Mr. Andre: I'd sooner have whatever the zoning is for rather
than change it to a commercial.
Mrs. Gordon: It is commercial• now, Jasper.
Mr. Andre: But commercial in a sense of garages and you say
such as the Greyhound and other fertilizer plants and things
in that order. This is what we have been impressed with.
Mayor Ferre: In other words what he's saying is he'd rather
see a hotel or a building there than a parking lot or a paint
thing or you know.
Mrs. Gordon: Really, Maurice, what he's saying is he wants
the flexibility of commercial uses rather than the limitation
and that is the difference. Right?
Mr. Andre: The thing I'm seeing here which has been presented
from the Zoning Board because of complaints of these airplanes
failing down in this area is to kill less people instead of
killing a lot by creating in density and I don't think we're
worried about that.
Mayor Ferre: Jasper, we've got to move on now. Is there any-
thing else you want to add to that?
Mr. Andre: I'm ready to quit if you say so. A11 I say is
that I think we should not increase our commercial area and
I'm sure that you know what we're talking about.
Mr. Richard Breslow: I'm an attorney and I've been retained
to represent two or three landowners in the area. I would
like to say that I represent Mr. and Mrs. Percival Hodgkins
who own property at 4235 N.W. 18th Street, 1812 and 1820
Le Jeune Road, 1650 N.W. 42 Avenue is owned by Crossway Air-
port Inn -I'm here representing them and 4351 N.W. 18 Street
127
which is the Airport Lanes - t'm here representing them. I
would just like to say that 1 agree with everything that has
been said up to this point by Mr. Abraham, by the judge. I
would just like to bring forth quickly some legal arguments
that should be in the record cause I've previously brought up
at the Planning Board. (1) Florida Statute 125.015
Mayor Ferre: Wait a minute, we're not a court of law and t
don't know what all of that Florida Statute stuff js. So
that is something you can present in court. You just give
us your arguments here.
Mr. Breslow: Mr. Mayor, my position is that the City Commis-
sion mere today according to the statutes does not have juris-
diction to vote or to rezone any property that is owned by the
county or by an agency of the county. This property that is
being proposed to be rezoned is about 2/3 owned already by
the Port Authority or by the county. There is a letter in
the file, in this file, the CA rezoning file which stLtes...
Mayor Ferre: I don't know what you're arguing on that one for
because we can rezone it excluding that so get on to your other
argument.
Mr. Breslow: Mr. Mayor. there is also on record a statute
which talks about airport zoning and airport rezoning. Now
this statute specifically says that airport zoning regulations
adopted under this chapter shall be reasonable and none shall
impose requirement or restriction where there is not reason-
ably or necessary to affix with the purposes of the statute.
This statute specifically talks about without reading airport
hazard areas or potential airport hazard areas. It talks
about
Mayor Ferre: A11 right, let me stop you there. Are you ac-
quainted with this, Mr. Lloyd?
Mr. Lloyd: This only deals with political subdivisions. (1)
it would still be a factual matter to decide anyway. What he
is talking about is reasonableness.
Mayor Ferre: I see.
Mr. Breslow: That's not true, Mr. Mayor. It talks about
specifically political subdivisions and defines it in the
statute the political subdivision to be an agency of a county
which such as the Port Authority is. So it does pertain to
this. It says in the act, again without quoting from the act
just to summarize it, if an area is owned by a county or a
political subdivision thereof or an agency thereof that the
city in which this area resides does not have the authority
alone without appointing a joint board to rezone it.
Mayor Ferre: We're not talking about that.
Mr. Breslow: Oh yes we are, sir.
Mayor Ferre: Well but I'm saying ok, we'll exclude all the
county part. Now, where are you? I mean to save time let's
just say we're not going to rezone the county portion of it.
Mr.Breelow: Ok, let's go a step further. Under
statute it says, and this -is one portion I would
and like to have in the record and then I'll sit
says "In any case," this is a quote from section
the same
like to quote
down. It
333.12 of the
128
Florida gtattxtee. In any cane it it; desired to remove, lower
or otherwise terminate a nohconfortning structure or use where
the approach protection necessary cannot," and I emphasize this,
"cannot because of constitutional limitations such as due pros-
esti of law, etc. be provided by airport regulations under this
statute where it appears advisable that the necessary approach
protection be provided by acquisition of property Fights
rather than by airport zoning regulations, the political sub-
division within which the property or non -conforming use is
located or the political subdivision owning or operating the
airport or being served by it may acquire, purchase, grant or
condemn in a manner provided by Chapter 73 such air rights
and easements, etc." It does not say they may rezone. It
says they may condemn and pay damages and compensate.
Mayor Ferre: All right, Mr. Lloyd, we don't have tim at
this point but you're going to, have to give us a lega. read-
ing on that. Ok? Let the record reflect, if you will... a
memorandum of law on that. All right, next speaker.
Mr. Joseph Nevel: I and my partner Sol Frankel own lots 20,
21, 22 and 26 block 1, Le Jeune Garden Estates and we lease
under long term lease lots 24 and 25 in the same block. This
is located on the southwest corner of Le Jeune Road and 18th
Street Northwest and it is bounded on the west by 42nd Court.
I started to say that the last time I appeared here was to
receive.a commendation from this council for some small measure
of help we were able to give you in your City Information Pro-
gram in disadvantaged areas. I am very pleased to appear here
again. Because I don't believe it is the purpose of this
Commission to confiscate property of its citizens without fair
and just compensation, I would like to ask you ladies and gen-
tlemen to very definitely put an end to this effort to down
grade the zoning of this Le Jeune road property. You have
the maps and plats before you which show that Dade County or
the Port Authority established a program of land acquisitions
some years ago which program was based on the recommendations
of the Federal Aviation Authorities and the other federal and
state authorities who are concerned with the safety and with
the other aspects of airport operation and of buffer zones.
They have really vigorously pursued thlt program and have in
fact acquired a tremendous area of property, whatever prop-
erty they thought was necessary for the safe operation of
flight operation in and out of Miami International Airport.
They've already acquired that. The acquisitions were made in
a legal and a proper and an American way by exercising the
rights of condemnation or of negotiation. And these author-
ities knowing full well the present zoning of the Le Jeune
Road property in question today eliminated this property from
their negotiations and their acquisitions. Should future ex-
pansion of the airport for any other reason require additional
buffer zone protection these proper governmental authorities
have the legal tools with which to acquire such properties
and such acquisitions under our democratic system must be made
based on the fair and equitable value of these properties and
fair value of property is determined by its zoning. And here
we have the crix of this entire matter and of our opposition
to it. Other property owners and myself have purchased prop-
erty in the City of Miami and we have the right to depend upon
the integrity of the zoning involved. We are not out of the
area's speculators. In my case, I've been a resident of Dade
County and its various municipalities for over 30 years. I.
purchased my property, I engaged in long term leases on other
portions of it, 15 years ago, 8 years ago, 7 years ago. For
these many years I've been paying taxes based on the current
129
assessed values on the current zoning of that property. We've
g p p y
watched helplessly as inflation eroded our dollar 6.nd the value
of our dollar and we were grateful that hopefully our property
would increase in value to equal this erosion. We've paid our
taxes each year as they've been increased. The lease obligat-
ions we have on our property prevents.us from selling at this
time any portions of our property but we have always rested
securely and 1 think we hive the right to rest secure in the
knowledge that when and if we want to sell our property we can
depend on the integrity of the zoning of this property in the
City of Miami. Now we know tlat the welfare of the piblic re-
quires, takes precedence over the need of any individ.ial cit-
izen, We also know that acquisition must be done legally and
fairly by negotiation, by condemnation, ;by the acquisition of
air rights which has not been mentioned here. They have the
right to acquire air rights from us. If they want us to vol-
untarily limit in perpetuity by deed restriction the right of
building beyond a certain point if we're in a flight pattern
and by any other legal or moral method of buffering an area
around an airport. This effort that is presented to you today
to down grade the zoning on our property by the City of Miami,
therefore, is not only unnecessary because there are tools to
acquire this property but it would in effect represent confis-
cation of our property or of a major portion of the value of
our property. Because if it ever should become necessary to
acquire our property by virtue of condemnation or condemnat-
ion this down zoning would devalue our property to a minor
portion of what we have the right to expect to get out of it.
In effect then through the back doer you would have wiped out
and condemned the major value of our property without the
need for legal just and fair compensation and most important-
ly this discriminatory ordinance really violates the integ-
rity of our zoning laws and of the City Commission. Your own
Planning Board has recognized that. They recognize that this
is an ill advised ordinance by eliminating already a vast por-
tion of this original proposal. The iyoperty from N.W. 7th
Street over to the east -west expressway. Why they didn't
just outright recommend this entire thing is beyond my under-
standing because this amended ordinance now reduces the area
affected to such a small piece of property on Le Jeune Road
that it represents, I'm told by a responsible authority, the
worst kind of spot zoning that you could engage in. I ask
of you, our City Commissioners in all fairness that you now
exercise your good judgement to firmly and finally deny the
passage of this emasculated downgrading discriminatory and
unnecessary ordinance.
Mayor Ferre: All right, sir, thank you very much.
Mr. Wm. Lewis: My name is William Lewis, we own the Marriott
Hotel on Le Jeune Road. We've owned this land since 1947.
My parents built all the homes between Douglas Road and Le
Jeune Road. We think we finally utilized the property the
best available with the hotel properly landscaped on C-4 zoned
property and a benefit to the City of Miami we hope. And we
see no reason to change and put in any of the CD Airport zon-
ing districts.
Mayor Ferre: Any other speakers now?
Mr. Nate Paini: Mr. Mayor and Commissioners, I'm Nate Paini.
I live at B10 N.W. 41 Avenue. I'm Vice -President of the
Grapeland Heights Civic Association. We've gone on record
to condemn this here ordinance. If there is anything, some
of you Commissioners come down Le Jeune Road, we have enough
23U
41/
traffic on Le d'ettne Road now and llth Street you're not even
perM.tted to Make a right turn on tlth Street. If anybody
lives in this here area when the wind Comes in from the west
between automobiles, bus stations that's over there, airplanes
and what not, you can't breath over here. You cannot breath
in this her section and to put anymore of what they have down
there, garages, car rentals End what •~lot, that's all against
the area and I hope - just go down thy.: line with us.
Mayor Ferret Ok. All right, go ahead.
Mr. E. L. Parker: I'm E. L. Parker and I'm on Le Jeune Road,
I live there and have a business there. Your honor, Commis-
sioners, I've been very ably represented by Bob Korner but
he is not here tonight or else I wouldn't be up here. But I
don't want to take up your time but I'm thoroughly in accord
with Mr. Anthony Abraham and I hope you all deny this motion.
Thank you very much.
Mrs. Gordon: What is the address of your property, please?
Mr. Parker: He'll point it out to you right there on the
corner. I'm very much in accord; Mr. Anthony Abraham said
everything that I could say and its just repeating it if I
did.
Mayor Ferre: Thank you very much. Now John, do you want to
make a statement from the airport's point of view? Then we'll
take it at the Commission.
Mr. John Sissler: Mr. Mayor, my name is John Sissler. I
represent the Dade County Aviation Department and I can't
make an impassioned plea like some of these other gentlemen
have but we can tell you that this ordinance is good for
aviation. Like I've said before, anything that is good for
aviation is good for Dade County and Miami.
Mayor Ferre: All right. Are there any questions from the
Commission?
Rev. Gibson: Let me ask the Commission, Mr. Mayor. In all
of our discussion nobody haE added to merity nor the audacity
to talk about lives that maybe lost. I was here the other
day when that plane went down in the midst of that resident-
ial area. I went out there. I was aghast. Now I don't wish
to confiscate anybody's property. As a matter of fact, I
don't know what that means because you know that's not my
dealing. My great concern is human life and you know, I get
all up tight when everybody starts telling me about dollars
and cents and nobody speaks to the issue of what happens to
a human being. There is what I'm going to say and stop. I
can get me another lot. I can build me another house but you
know one thing, I doggone sure have been at the church I serve
for 29 years and in the 29 years I've been trying to bring
back the dead that I've burried and I haven't brought a single
one. Not even have I been able to get Plummer to bring his
hearse out at the cemetery and bring them back. Now I would
hope that with all of our considerations that somebody before
we vote will talk about lives. L, I, V, E, S.
Mayor Ferre: We have a lot of volunteers. Mr. Abraham and
then the judge. Father, I might because I talked to Jasper
and some of the people here in the community and I might point
out what I think, what I interpreted as their thinking. If
buildings, 7,8,9 story buildings go along Le Jeune Road then
131
those sire lanes that: are taking . f re i .
p off a �o � to have to go
a little bit higher,
Mr. Andre: That's the idea.
Mayor Ferret Yes, see. Now, by the time it comes over Jasper's
house instead of being 800 it could be a .,‘.)usand feet
Rev. Gibson: Well all right then, this is a simple thing to
me. Sir, you're from the airline outfit business. You come
up here.
Mr. Andre: Reverend, may I....
Rev. Gibson: No, this may help you. Now what is strange to
me is that he endorses the ordinance. You heard what he said.
That is what he said. Ok? You heard what these people say.
Now it seems to me that maybe another facet of this thing is
to tell the airline people that they need to be taking off in
another direction.
Mayor Ferre: They can't really do that.
Rev. Gibson: Maybe that's the solution that I'd like, Theodore
Gibson would like you to respond.
Mr. Sissler: Well Reverend Gibson, I don't believe that we
can tell the airlines which way they must take off at all
times. They do take off into the wind. Now any airline capt-
ain is going to do that if he's got enough wind to bother with..
So when the winds come out of the east they're going to take
off towards the east and vice -versaNow one thing that we
are trying to do is to alleviate the volume of noipe that will
be felt in areas like this but (Interrupted bl..audience)
By lengthening the south -east -west runway and making the take-
off point about another 3/4 of a mile further to the west.
Mayor Ferre: Well that, I hope is soiteday going to be deter-
mined by a court. I think that someday is going to have to
be determined by a court because the truth of the matter is,
and I'm not a pilot so I don't know John, but from what I
understand is the wind coming in one direction helps the aero-
dynamics of the plane and it lifts off easier. But I'm not
too sure that with these treme:Ldous engines that these air-
planes have that if they take %off in the reverse direction
even if there is a 10 or 15 mile an hour wind that it makes
that much of a difference. You know I don't know that much
about it.
Mr. Sissler: They can take off when the down wind is very
low. Yes, they do sometimes. They do now. They take off
with the wind when the wind is more or less gentle.
Mr. Plummer: Mr. Mayor, can I say something? Is that pos-
sible? I know it grieves you badly to have me speak but Mr.
Mayor, I haven't really heard anyone speak kindly of this ex-
cept the man from the airport who says if you do it it is im-
provement - we like it. Everybody else has spoken against
it. They're against the rezoning.; Is that what I understand
correctly?
Mayor Ferre: Is there anybody here that's for it?
Mr. Plummer: The airport says if it is an improvement...
Well, Mr. Acton's for it but he's got us nailed to the wall
with it.
134
410
Mayor Ferret I'm not talking about the City administration.
t rn talking aboui it in the public, people who in live in the
eomiiiunity of property owhera ... .
Mt. Plummer: Mr. Mayor, 1 make a motion to deny 34.
Mayor Ferre: All right, now we have a motion to deny 34.
there a second?
M. Reboso: I second that motion.
Mayor F'erre: There is a second to the motion. Is there fur-
ther discussion?
Mrs. Gordon: I think on discussion, I think it is worthy of
discussion. I think it is worthy of,us really giving this a
good look over and see if we want to pick it apart and take
the good parts out or just totally deny. You're back where
you were. How long ago did you start working on this, depart-
ment? One year?
Mr. Acton: It has been longer than that. The course of the
study took probably two yeat's and I wanted to point out that
the study was done in conjunction again with Dade County Plan-
ning Department, the Airline Pilots Association, the FAA
Mrs. Gordon: I think we ought to put this in a de'erment and
let's go back over it with the people and see what -we can do
with it.
Mr. Plummer: Well, let me tell you, Mr. Mayor, I made my
motion to defer. Excuse me, to deny.' I have no objections
if George would like to come back at a later time for pos-
sible discussion, certain areas that he feels needs address-
ing to. But I think that the people, and I hate to sound
political, but we represent the people and the people don't
want it.
Rev. Gibson: And J.L., the other thing is, what disturbs me
is the man from the airport says anything you do will bene-
fit us and profit us and if these people, now we were right.
here and it was a good thing we had this meeting here. We
were right here and we heard all of this noise and I think,
sir you have an obligation. Now sure, I don't fly no plane
I ride a lot of them. But dog gone it, if coming this way
creates the noise that it does it seems to me that with all
this know-how that we have and technology there would be an
easy thing to start routing that plane that way so that these
people could get some relief. Now I think you owe us as a
City knowing how our citizens feel because if I lived over
here and there was anything I could do; I just think this is
horrible and I would like to defer only because you then
have to tell us what's good. But if you couldn't tell us
what's good I'd say that you may be in bad shape.
Mrs. Gordon: I tell you the only reason if I go with his
motion is because I would assume that this particular study
that you completed isn't the solution to the problem and that
you will go back and whether it is deferred or denied and
find a solution chat will please the safety factors and will
also not totally deteriorate the uses of the property. I'm
not speaking for your ordinance cause I don't really feel that
you have a total ordinance that I myself am totally in accord
with really. I couldn't have passed on this today anyway,
no way. But I do feel that there has to be some consideration
•
133
for noise factors and if We lave to pasat a resolution asking
the Airport Authority to reroute their planes then we have
to do something but certainly we just can't say, you know,
everything is all hunky dorey and let's all forget about
everything. Everything is perfect the way it is. It isn't.
Mr. Abraham: Mr. Mayor, may I rise to a point of special
priviledge? I'd like to respond in principle to the reverend
and to Mrs. Gordon. We are asking to be guided by the great-
est authority on aviation in our desire and in our wishes in
what we're requesting. We're asking to be guided by the FAA
rules for safety, Reverend. We are protecting, we have just
as great a concern for the lives of individuals with due re-
spect and what we're asking for is let the Federal Aviation
Authority who is responsible for the safety and the lives of
individuals on landing and take -off around airports make the
judgement.
Mrs. Gordon: Why do you propose we do that?
Mr. Abraham: The rules have stated very specificahly that
in accordance the laws are spelled out as it relates to the
distance from the end of the runway to the point of construct-
ion and you're allowed one foot of height for every 50 feet
of distance and that has a safety factor in it, Reverend in
that it allows that law, I don't know whether it is law or
not, that directive is applicable for all areas around all
airports around the country.
Mrs. Gordon: I appreciate you: information.
Mr. Acton: Mr. Mayor, members of the Commission, I want to
make one more point. If you recall at the beginning of my
presentation I said there were three basic factors we were
concerned about. There was density, people per square foot
of land area. There was height and there was noise. Now it
is true that you can insulate a building to reduce the impact
of noise level. In reference to height this report, I again
emphasize, was prepared in coordination with the FAA, with
the Aviation Authority and Dade County presently is consider-
ing an ordinance that would reduce the existing 50 to 1 that's
been deferred for various legal reasons. But the most import-
ant factor is ;to realize that much of the land in this area
is subject to the potential for redevelopment. It is not pre-
dominately built up. It has a great potential for redevelop-
ment and now is the time and not ten years from now for the
Commission to take some type of policy direction in terms of
basically public safety and welfare. Now the runway to the
north takes, I'm talking about the run.... takes predominately
all of the air traffic in that area, Some 60% takes off in
that runway at the present time. The runway passes over Mr.
Abraham's property at this time takes some 20%. However, that
is subject to revision. The point very simply is that we're
trying to recommend uses that have as few people per square
foot as possible and gets to the point that I think Commissioner
Gibson so very well pointed out. The safety problem of uses
in that area such as hotels and multi -family that have perman-
ent residents.
Mayor Ferre: Alright, Mr. Acton. Judge, one last statement.
We've got to vote on this thing now.
Ms. Revitz: The statement is that each of us who have spoken
against the zoning had taken cognizance of what exists there
now including the human lives in existence there now including
134
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1l
the hutfian ;lives exist lnce there now and haVe one very
pointed question to Commissioner Gordon. And that is each
and every occasion that we've been before you on this very
same subject and this has .gone on now riot just a month or
two months, This is over a year and the study Was in Decem-
ber of 19/1 and each and every time your only position is -
Let's defer again. Commissiot er Gorden, what do you •seem to
be your responsibility?
Mrs. Gordon: The safety of the people.
Ms. Revitz: Commissioner Gordon, what studies have you done
with respect to this area in order to ascertain whether or
not any rezoning, any rezoning, this that's before you today
or any other would in fact, the end result be the safety of
the people?. What proposals do you have? This has been Decem-
ber of '71, since December of '71.
Mrs. Gordon: Since you're asking me a question I'd love to
answer your question.
Ms. Revitz: I would like an answer.
Mayor Ferre: All right. Listen
Mrs. Gordon: I would be delighted to answer the judges quest-
ion. She is entitled to an answer and I'd love to give it to
her.
Mayor Ferre: Wait a minute, this almost sounds like a polit-
ical ....
Mrs. Gordon: No, I want to give her an answer. She's entitled
to an answer.
Mayor Ferre: All right, Mrs. Gordon.
Mrs. Gordon: Under the C-4 zoning classification which I
noted before there is not a great number of ;residential uses
which can be placed on those properties. Right? Except
hotels and motels.
Ms. Revitz: Correct....
Mrs. Gordon: Now, if in fact, what I heard just now from
Mr. Acton is a fact that there will be a reduction in what is
permitted by way of a height limitation. That is a control-
ling factor. That's the first time I have heard that, today.
Ms. Revitz: Did you? Because we have all heard it for many,
many, many months. Is this the first time that you have
heard
Mrs. Gordon: This is the first time Mr. Acton has brought
this to our attention. Now look judge, I don't want to ar-
gue with you
Mayor Ferre: Now wait a moment. Now hold your tempers and
your voices.
Mrs. Gordon: Ladies and gentlemen, let's not make this a
political football. This is not the intent of this hearing
and this is not what...... I just want to close with this
in mind. The vote has not been taken and you do not know how
I am going to vote and I would suggest that you wait until I
vote before you make any further comments. Thank you so much
for your courtesy.
135
Vi
•
Ms. Reviti : That you so
The following Motion
moved its adoption:
much for yours.
was introduced by Mr. Plummer who
MOT/ON NO, 74-1201
A MOTION TO DENY PROPOSED ORDINANCE AMEND -
/NV ORDINANCE NO. 6871. THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, TO
INCLUDE A NEW ZONING DISTRICT, ARTICLE
XVII-1 C-A AIRPORT COMMERCIAL DISTRICT.
Upon being seconded by Mr. Rebosi: the motion was passed
and adopted by the following vote -AYES: Rev. Gibson, Mrs.
Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None.
ON ROLL CALL:
Mayor Ferre: In other words denying what...
Mr. Southern: To deny the adoption of the proposed ordinance
item #34.
Rev. Gibson: If I don't want to deny them whit do I do?
Mr. Southern: The City Attorney, I think should answer th2t.
Mr. Lloyd: If you don't want to deny vote no.
Mayor Ferre: We're confusing what denial is. These people
here are all asking for denial. The administration is asking
for approval.
Rev. Gibson: I say, I would have to say yes because I want
to defer.
Mayor Ferre: No, if you vote yes on the motion it will not
defer. If the majority wins it is denied.
Rev. Gibson:
objection to
then offer a
Well Ok, that's alright with me. I have no
that. I understand that. I have a right to
motion after that to refer. Right. Beautiful.
Mrs. Gordon: As I stated before. I was not happy enough with
this ordinance in its present form. I believe that there are
changes that have to take place for the benefit of this com-
munity. I believe that our Planning Department or the Com-
prehensive Planning Consultants that we have engaged whose
contract I don't know if we have entered into yet. Have we,
Mr. Andrews? But we have budgeted a krge sum of money for a
total comprehensive plan for the entire City of Miami and
based upon the fact that these consultants will be taking
this area into consideration at some future time I will vote
with the motion.
Mayor Ferre: Yesterday I was at a meeting where there were
35 business people including the editor of the Miami Herald,
the editor of the Miami News and the president of the Herald
Newspapers and also the chairman of the board of Wometco and
other major businesses in this community. And one of the
topics, the topic of conversation for an hour and a half is
the great concern of the business community that we must reach
a balance between ecology and between control and between
stopping of growth and people working and the availability
136
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of jobs for peop a and the normal natural p operly controlled
growth of the cOMMunity, One of the main things that came
out in that discussion was the tendency in the City of Miami
specifically and generally it Metropo.itan Dade County for
government to be so, in a sense oppressive of growth that it
discourages major factors from occuring. I think this is
such a case. i hope Mr. Abraham, that now that you've missed
Sheraton that you will go out and get Hilton or somebody and
get going with that very quickly. And 1 hope Judge that you'll
get going with your property and I think that all of you who
own property there, I hope that we will have beautiful first
class development that we can all be proud of that we give
employment to our people and that the community could live
with and be happy with and be proud of. So I vote yes.
Mrs. Gordon: Mr. Andrews, may I ask you a very very import-
ant question. These people are entitled to know and every-
body is entitled to know. A year ago we budgeted $390,000
of Federal Revenue Sharing Funds for a comprehensive plan for
the City of Miami and we approved a consu:.tant several months
ago and I ask you a very pointed question and you shook your
head no. You have not entered a contract. Why?
Mr. Andrews: We're still finalizing the agreement, Mrs. Gordon.
Mrs. Gordon: Well why it takes months to finalize an agree-
ment?.
Mr. Andrews: Other than just putting together, Mr. Acton,
do you have any other information that you could supply us
at this point?
Mr. Acton: Yes. We did send a memorandum out, Commissioner
Gordon
Mrs. Gordon: I think it is very ridiculous that the moneys
are being held up in limbo while you're finalizing an agree-
ment for months and months.,
RESOLUTION SETTING NOVEMBER 6 1974 FOR SPECIAL CITY COMMISSION
4Z, MEETING UNDER SECTION 14 OF THE CHARTER FOR INVESTIGATION OF
MTAML PpLLCE DEPARTMENT
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 74-1208
A RESOLUTION SETTING NOVEMBER 6, 1974 FOR A
SPECIAL CITY COMMISSION MEETING TO BE HELD
BETWEEN THE HOURS OF 9:30 A. M. AND 5:00 P.M.
AND TO BE CONTINUED IF NECESSARY AT ANOTHER
DATE TO BE SET BY THE COMMISSION, FOR THE
PURPOSE OF CONDUCTING AN INVESTIGATION INTO
MATTERS RELATING TO THE MORALE, EFFICIENCY
AND PERFORMANCE OF THE CITY OF MIAMI POLICE
DEPARTMENT AS THEY AFFECT THE CITIZENRY OF
MIAMI; SAID INVESTIGATION TO BE CONDUCTED
PURSUANT TO AND IN ACCORDANCE WITH THE PRO-
VISIONS OF SECTION 14 OF THE CITY OF MIAMI
CHARTER.
(Here follows body of resolution, omitted here and on
file in the City Clerk's Office.)
137
OG 1974
upon being Seconded by Mr. Reboac the resolution was
padsed and adopted by the following vote -AYES: Mr. Piummele,
Re). Gibson, Mrs. Gordon, Mr. Reboso and Mayor Ferre.
NOI S: None.
FIXING TIME OF 2 P.M. NOV 7, 1974 AS TIME AND DATE FOR PUBLIC
43. HEARING ON APPLICATION OF MIAMI MINI-ALIADOS INC. FOR
CERT1JJCATE OF PUDLa CONVENjEI1Ct FOR MINI BUS OPERATION
kThe following resolution was introduced by Rev. Gibson
who moved its adoption:
RESOLUTION NO. 74-1209
A RESOLUTION FIXING NOVEMBER 7, 1974 AT 2 P.M.
AS THE DATE AND TIME FOR A PUBLIC HEARING FOR
A PUBLIC HEARING ON THE APPLICATION OF MINI-
ALIADOS, INC. FOR A CERTIFICATE OF PUBLIC CON-
VENIENCE AND NECESSITY TO OPERATE BUSES ON A
FIXED ROUTE AND AUTHORIAING AND DIRECTING THE
CITY CLERK TO NOTIFY ALL PERSONS HOLDING CERTI-
FICATES FOR THE SI-ME KIND OF TRANSPORTATION
SERVICE BY CERTIF]�ED MAIL OF,THE DATE, TIME
AND PLACE OF THE PUBLIC HEARING.
(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,
Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
* * *
ADJOURNMENT:
There being no further business to come before the Com-
mission at this time the meeting was adjourned at 6:35 O'Clock
P.M.
ATTEST: H.D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
MAURICE A. FERRE
MAYOR
138
:T ;'' ^ 1974
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19,
ITv OF MIAMi
no DOCUMENT
INDE
DOCUMENT IDENTIFICATI ON
MEETING DATE:
OCTOBER 24, 1974
COMMISSION
ACTION
RETRIEVAL
CODE NO .
COMMISSION AGENDA & CITY CLERK REPORT (14 pgs)
FINAL REPORT OF THE GRAND JURY - FALL TERM A. D.
1973.
ASSESSMENT ROLL FOR BISCAYNE EAST HIGHWAY
IMPROVEMENT H-4357.
ACCEPT COMPLETED WORK - GARCIA ALLEN CONSTRUC-
TION, INC. - ALLEY HIGHWAY IMPROVEMENT.
EXTENSION OF VARIANCE - OFFICES AND RESIDENCES
LOTS 25 AND 26, BLK. 4. 3326 MARY STREET.
WAIVING RENTAL FEE - BAYFRONT PARK AUDITORIUM -
BABCOCK COMPANY.
ISSUE PERMIT - CENTRAL SHOPPING PLAZA MERCHANTS
ASSOCIATION - AMUSEMENT RIDES.
APPOINTING THREE ADDITIONAL MEMBERS - ECOLOGY
AND BEAUTIFICATION.
AUTHORIZE PURCHASE OF TARPAULIN - ORANGE BOWL
POLYTURF COVER SYSTEM.
AGREEMENT WITH NATIONAL FOOTBALL LEAGUE FOR USE
OE THE ORANGE BOWL MEMORIAL STADIUM.
CONSULTANT FIRMS TO DESIGN A MINI -PARK - 46 W.
FLAGLER ST.
ACCEPT THE GRANT FOR "ORGANIZED CRIME FIGHTING
TEAM PROJECT"
ACCEPT GRANT AND EXECUTE CONTRACTS -
TARGET ORIENTED PROJECT (S.T.O.P.)"
ACCEPT GRANT AND EXECUTE CONTRACTS -
PROGRAM FOR PUBLIC SERVICE AIDES"
"STRATEGIC
"THRESHOLD
ACCEPT GRANT AND EXECUTE CONTRACTS - "COMMUNITY
EVALUATION OF POLICE PROGRAM EFFECTIVENESS"
ACCEPT GRANT AND EXECUTE CONTRACTS - "MIAMI
POLICE PLANNING COORDINATOR"
CLOSING PORTIONS OF PUBLIC UTILITY EASEMENTS -
TRACT "A" MOORE PARK.
EXTENSION OF EMPLOYMENT - RAFAEL GARCIA, INTER-
PRETER CLERK, MIAMI POLICE DEPARTMENT.
EXTENSION OF EMPLOYMENT - WILTON P. SPENCER.
DISCUSSION
R-74-1172
R-74-1173
R-74-1176
R-74-1177
R-74-1178
R-74-1179
R-74-1180
R-74-1182
R-74-1183
R-74-1184
R-74-1185
R-74-1186
R-74-1187
R-74-1188
R-74-1189
R-74-1190
R-74-1191
0044
0045
74-1172
74-1173
74-1176
74-1177
74-1178
74-1179
74-1180
74-1182
74-1183
74-1184
74-1185
74-1186
74-118
74-118
74-118
74-119
74-119
DOCU ENTi N DEX
CONTINUED PAGE
ITEM NO.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.4
33.
34.
35.
DOCUMENT IDENTIFICATION
-CLAIM SETTLEMENT - HAROLD LOKOS.
ACCEPT GRANT AND EXECUTE CONTRACTS - "MANAGEMENT
TRAINING PROGRAM"
AGREEMENT WITH CITY OF MIAMI AND THE STATE OF
FLORIDA DEPT. OF TRANSPORTATION.
AGREEMENT WITH ADVENTURERS YACHT AND SAILING
CORPORATION, INC.-DAVID T. KENNEDY PARK.
ACCEPT BID - WESTINGHOUSE ELECTRIC SUPPLY CO.
ACCEPT BID - CROWN POINT & PAPER PRODUCTS CO..
INC. - SUPPLY.
ACCEPT BID - CONCO, INC.-O'BRIEN MANUFACTURING
DIVISION - FURNISHING 1,000 FEET OF HIGH
PRESSURE.
ACCEPT BID_ -_FENCING FOR DAY CARE CENTERS AT
MOORE► EATON AND SHENANDOAH PARKS TO FENCE
MASTERS, INC.
AWARDING BIDS - ATLANTIC FERTILIZER - FUR-
NISHING VARIOUS FERTILIZERS AND HERBICIDES.
AGREEMENT BY AND BETWEEN CITY OF MIAMI AND
METROPOLITAN DADE COUNTY - FURNISH TRAFFIC
POLICE SERVICES.
AUTHORIZE $26,000 FROM CAPITAL IMPROVEMENT
FUND - CONSTRUCTION OF FACILITIES AT LEGION
MEMORIAL PARK
ACCEPT BID - ADH, INC. - CONSTRUCTION OF MIAMI
POLICE HEADQUARTERS.
ISSUE PERMIT - MIAMI CONNUNITY POLICE BENEVO-
LENT ASSOCIATION - HOLD A FUND-RAISING.
ZONING ORDINANCE FOR THE CITY OF MIAMI INCLUDE
NEW ZONING DISTRICT.
RESOLUTION SETTING A SPECIAL CITY COMMISSION
MEETING - INVESTIGATION OF THE MIAMI POLICE
DEPT.
FIXING DATE OF PUBLIC HEARING - APLICATION OF
MINI-ALIADOS, INC.
C
_ _ AttI ON --
R-74-1192 74-1192
R-74-1193 74-1193
R-74-1194 74-1194
R-74-1195
R-74-1196
R-74-1197
R-74-1198
• R-74-1199
R-74-1200
R-74-1201
R-74-1202
R-74-1205
R-74-1206
MOTION
R-74-1208
R-74-1209
74-1195
74-1196
74-1197
74-1198
74-1199
74-1200
74-1201
74-1202
74-1205
74-1206
0046
74-120
74-120