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HomeMy WebLinkAboutCC 1974-11-21 Minutesr r 1C I T Y OF MIAML, COMMISSION MINUTES OF MEETING HELD ON NOVEMBER 21, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERIC 1. ITEM NO 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. MINUTES OE REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT MISCELLANEOUS DISCUSSION ITEMS Abraham Thomas - Brief presentation Appearance of Firemen from Columbia Youth in Government Seminar Personal Appearance - LUCILLE STADLER regarding Mini -Park proposal ENVIRONMENTAL PRESERVATION DISTRICT South Miami Avenue -Biscayne Bar 15th Road EXTENSION OF VARIANCE 2001 S. W. 27th Avenue to permit construction of Office Building DISCUSSION ITEM - Enter into contract with FLORIDA CITY EMPLOYEES Local 654 AMERICAN FEDERATION OF STATE,COUNTY,MUNICIPAL EMPL. DECLARE, Friday► DECEMBER 26, 1975 AS OFFICIAL HOLIDAY in all executed employee collective bargaining agreements COMMUNITY DEVELOPMENT ACT Presentation by the City Manager DISCUSSION - Parking Lot Rape Case and proposal for IMPROVED LIGHTING, LOCKED GATES, GUARDS ON DUTY Owners to be given 30 days to comply with ORD. COORDINATING COUNCIL OF DADE COUNTY -EXPEDITE CAPITAL IMPROVEMENT PROJECTS to boost employment and curb current economic decline APPOINTMENT OF MEMBERS TO THE ZONING BOARD AND THE PLANNING ADVISORY BOARD INCLUDING ALTERNATES PRESENTATION BY EDWARD DURRELL STONE do ASSOCIATES BICENTENNIAL PARK PROCLAMATIONS, PLAAUES• CERTIFICATES OF APPRECIATION ENTER INTO AGREEMENT TO PROVIDE FOR THE SALE OF FILL BY THE CITY TO THE FEC RAILWAY COMPANY ACCEPT COMPLETE) WORK -HEATER PLANER PAVING PROJECT ACCEPT COMPLETED WORK-S. W. 22 STREET HIGHWAY IMPROVEMENT H-4369 - DRAINAGE ORDINANCE OR RESOLUTION NO, PAGE NO MOTION 74-1257 DISCUSSED AND DEFERRED RES.74-1258 RES.74-1259 RES.74-1260 RES.74-1261 MOT.74-1262 RES.74-1263 TALLY RES.74-1264 RES.74-1265 RES.74-1266 i 1: 4-5 5-14 14 14-15 16 17-20 20-23 24 25-26 26-34 34 34-40 41 41. AEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO. PAGE Nt 16. 17 18. 19. 20. 21.. 22. 23. 24. 25. 26. 27. 28. 29. 30. ORDERING RESOLUTION- FASHION SANITARY SEWER IMPROVEMENT SR-5402-C&S ACCEPT HIGHWAY RIGHT OF WAY DEED FLORIDA NATIONAL BANK AND TRUST COMPANY ACCEPT EIGHT HIGHWAY RIGHT OF WAY DEEDS --- SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT' ALLOCATE $150,000 FROM HIGHWAY BOND FUND TO COVER COST OF MATERIALS USED IN MAINTAINING PAVEMENT AT STREET INTERSECTIONS OBJECTING TO REDUCTION OF ANY FEDERAL GRANT 6UNDS FOR CONSTRUCTION OF LOCAL SANITARY SEWER PROJECTS ACCEPT COVENANT - PUBLIC ALLEY- BLOCK 100S AMENDED PLAT - MARY BRICLELLS ADDITION AMEND CHAPTER 39 OF THE CITY CODE TO PROHIBIT GLASS BOTTLES IN THE ORANGE BOWL STADIUM AMEND GENERAL APPROPRIATION ORDINANCE= REAPPROPRIATING $51000 FROM PUBLICITY DEPARTMENT BUDGET TO COVER COST OF CITY CONVENTION MOVIE AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH KUNDE AND ASSOCIATES-URS MADIGAN-PRAEGER INC. AS PROFESSIONAL CONSULTANTS FOR THE ORANGE BOWL IMPROVEMENTS AUTHORIZE MANAGER TO NEGOTIATE WITH GREENLEAF-TELESCA OPPENHEIMER, ROSS AND ASSOCIATES AND CONNELL ASSOCIATES FOR PROFESSIONAL SERVICES TO CONVERT THE COCONUT GROVE INCINERATOR INTO A PARK FACILITY APPOINT ADDITIONAL MEMBERS CITY OF MIAMI COMMITTEE ON ECOLOGY & BEAUTIFICATION APPOINT ADDITIONAL MEMBERS GENERAL CULTURAL HISPANIC COMMITTEE APPROVE 1-YEAR EXTENSION OF EMPLOYMENT WILLIAM NAJJAR - DEPT. OF PUBLIC PROPERTIES AUTHORIZE ISSUANCE OF PERMIT FOR AMUSEMENT RIDES ST. PETER AND PAUL RECTORY AUTHORIZE ISSUANCE OF PERMIT FOR AMUSEMENT RIDES ST. MICHAEL TE ARCHANGEL CHURCH RES.74-1267 RES.74-1268 RES.74-1269 RES.74-1270 RES.74-1271 RES.74-1272 FIRST READING FIRST READING RES.74-1273 RES.74-1274 RES.74-1275 RES.74-1276 RES.74-1277 RES.74-1278 RES.74-1279 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 ft MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA dor ITEM NO. SUBJECT . ORDINANCE OR RESOLUTION NO. PAGE N 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. RATIFY ACTION OF THE CTY MANAGER- EMERGENCY PURCHASE REPAIR PARTS FOR AMERICAN LAFRANCE1250 GPMPUMPER RATIFY ACTION OF THE CITY MANAGER FOR EMERGENCY PURCHASE -PARTS FOR SEAGRAVE FIRE APPARATUS RATIFY ACTION OF THE CITY MANAGER EMERGENCY PURCHASE 400= NO. 750 MCMCOPPER WIRE FOR THE ORANGE BOWL TERMINATE LEASE WITH GEORGE MAC LEAN FOR THE DINNER KEY AUDITORIUM EFFECTIVE DEC 1. 1974 RELOCATION OF PRINT SHOP TO DINNER KEY AUDITORIUM REPEALING ORDINANCE 7881 and 7882-CHECK CASHING ACCEPT BID- MOTOR POOL REPLACEMENT VEHICLES PROPOSALBY MAYOR FERRE ENCOURAGING CITY EMPLOYEES TO GIVE SMALL GIFT FOR DISTRIBUTION AT C9ISTMAS TO THE UNFORTUNATE DISCUSSION ITEM- BID AWARD ON MOTOR POOL REPLACEMENT VEHICLES - see item 37 for actual award of bid. PERSONAL APPEARANCE - CLAUDE ROLFE IN REGARD TO THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE FOR ADDED JITNEYS AND PROTESTING ILLEGAL JITNEYS PRESENTLY OPERATING IN THE CITY PERSONAL APPEARANCE - JACK RICE. ATTORNEY REGARDING SAILBOAT CONCESSION BID AWARD AT DAVID T. KENNEDY PARK CREATE DEPARTMENT OF MANAGEMENT SERVICES DISCUSSION OF PROPOSED DEPARTMENT OF HUMAN RESOURCES RECOMMENDATION OF BOOZ-ALLEN AND HAMILTON FOR THE REORGANIZATION OF CITY GOVERNMENT DECLARE INTENTION OF THE CITY COMMISSION FOR THE CITY TO BECOME MEMBER OF INTERNATIONAL LEAGUE OF CITIES RES.74-1279 49 RES.74-1281 50 RES.74-1282 50 RES.74-1283 51 FIRST READING 51 FIRST READING . 52 RES.74-1285 52 MOT.74-1286 DISCUSSION MOT.74-1287 DISCUSSION FIRST READING DEFERRED DISCUSSION AND DEFERRED 53-54 55 56-62 63-66 66-73 73 73-81 MOT.74-1288 1 82 1 IfiDEI MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NL=_ 46. 47. 48 49. 50. . 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. DECLARE INTENTION OF THE CITY COMMISSION FOR VICE MAYOR MANOLO REBOSO TO ATTEND CONFERENCE OF MAYORS as the Citr=s Representative DISCUSSION OF FINAL DATE FOR THE DISTRIBUTION OF FEDERAL REVENUE SHARING FUNDS Funding LEgat Services $10+000 to first of rear KEITH MATTISON-Discussion of proposed agreement STRAGECIC PLANNING PROCESS FOR THE CITY OF MIAMI POLICE DEPARTMENT AUTHORIZITATION OF AGREEMENT AUTHORIZE CITY ATTORNEY TO SECURE THE SERVICES OF EUGENE P. SPELLMAN FOR SPECIAL COUNSEL TO LITIGATE CASE IN PROPOSED GOVERNMENT CENTER CLAIM SETTLEMENT - STEVE AULETA SUBMIT GRANT APPLICATION TO FLORIDA FINE ARTS COUNCIL FOR +ARTISTS IN RESIDENCE CULTURAL DANCE PROGRAM+ COCONUT GROVE MARINA MODIFICATION EXPRESS CONDOLENCES TO FAMILY OF JUDGE JACK FALK DESIGNATE ELIZABETH VIRRICK AS CHAIRMAN OF COMMITTEE ON SOON TO BE RELEASED INMATES OF PENAL INSTITUTIONS CERTIFY RESULTS OF SPECIAL CHARTER AMENDMENT ELECTION CERTIFY RESULTS OF SPECIAL GAS FRANCHISE ELECTION CERTIFY RESULTS OF SPECIAL BOND REFERENDUM ELECTION AUTHORIZE MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH LESTER PANCOAST AND ASSOCIATES FOR GARAGE AND SITE WORK-MIAMI MODERN POLICE BUILDING ENGAGE FULL TIME RESIDENT ENGINEER FOR THE MIAMI MODERN POLICE HEADQUARTERS BUILDING AND PARKING GARAGE INCREASE ELECTRIC POWER, AIR CONDITIONING AND INSTALL RAISED FLOOR IN EXISTING POLICE BUILDING AND ALLOCATING 611+000 MOT.74-1289 MOT.74-1290 DISCUSSION RES.74-1291 RES.74-1292 RES.74-1293 RES.74-1294 DEFERRED RES.74-1295 MOT.74-1296 RES.74-1297 RES.74-1298 RES.74-1299 RES.74-1300 RES.74-1301 83 83 84 85 85-86 86-87 87 88 88 89 89-90 90-91 91 91-92 92-3 RES.74-1302 1 93 • 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. INEK MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA DISCUSSION OF FUTURE MEETING WITH DADE COUNTY MIAMI-DARE WATER do SEWER AUTHORITY AND THE CITY OF MIAMI BRIEF REPORT BY CITY MANAGER ON LATIN RIVERFRONT PARK BRIEF DISCUSSION— FEDERAL REVENUE SHARING FUNDS FOR ADJUSTMENT IN PENSIONS FOR RETIRED EMPLOYEES OFFICIAL ROLL CALL AND DEFERRAL OF ITEM 118 PROPOSED NEW DEPARTMENT OF HUMAN RESOURCES ADJUSTING PENSION OF CITY OF MIAMI RETIRED PERSONS ALLOCATING $19►000 FROM FED.REV.SHAR.FUNDS AND $36,000 FUNDS PREVIOUSLY BUDGETED ALLOCATE $6,000 TO INTERNATIONAL YMCA FROM FEDERAL REVENUE SHARING FUNDS TO IMPLEMENT ARTIST IN RESIDENCE CULTURAL DANCE PROGRAM REGUEST CITY MANAGER TO FIND SOURCE OF FUNDS OF $15,000 FOR CONTINUED OPERATION OF THE GREATER MIAMI CRIME COMMISSION AUTHORIZE ISSUANCE OF AMUSEMENT RIDES PERMIT SOUTH FLORIDA MILITARY ACADEMY DECLARE INTENT 0 F THE CITYCOMMISSION—INTERAMA TO RECEIVE 8.5 MILLION OF MONIES OWED AND DESIRING SAME REPRESENTATION ON ANY NEW INTERAMA BOARD AS PRESENTLY EXISTS SECOND DISCUSSION THIS MEETING ON PROPOSED MODIFICATIONS TO COCONUT GROVE MARINA 71. 'DISCUSSION ITEM OF PROPOSED CITY —COUNTY JOINT TREE DEPOSITORY 72. 1APPOINT GLORIA M. BASILA AND ALICE S. BARO AS MEMBERS OF THE ZONING BOARD 73. 'APPOINT CYRIL SMITH AND MARY ELLEN LICHTENSTEIN AS MEMBERS OF THE PLANNING ADVISORY BOARD ORDINANCE OR RESOLUTION NO DISCUSSION DISCUSSION DISCUSSION RES.74-1303 RES.74-1304 MOT.T4-1305 RES.74-1306 MOT.74-1307. DISCUSSION AND DEFERRED DISCUSSION RES.74-1308 RES.74-1309 PAGE NO 94-95 95 95 96 96-97 97 97-98 98 99 100 100 101 101 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT 74 75. 76. 77. 78. APPOINTING WILLIAM R. ROLLE AS ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD and APPOINTING MILDRED CALLAHAN AS ALTERNATE MEMBER OF THE ZONING BOARD AUTHORIZE OFFICIALS OF THE CITY TO PROCEED IMMEDIATELY WITH IMPLEMENTATION OF THE PROPOSAL OF EDWARD D. STONE FOR CONVERSION OF OLD DOCK PROPERTY TO BICENTENNIAL PARK DIRECT CITY MANAGER TO STUDY POSSIBLE PROVISION OF A WATER TRANSPORTATION SYSTEM TO LINK VARIOUS CITY PARKS AUTHORIZE EXECUTION OF CONTRACT WITH CUBAN CON- STRUCTION INC. FOR REBUILDING OF THE TORCH OF FRIENDSHIP RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE FOR SOON TO BE RELEASED INMATES OF PENAL INSTITUTIONS ORDINANCE OR RESOLUTION NO. PAGE Ni RES.74-1310 RES.74-1311 RES.74-1312 RES.74-1313 RES.74-1314 102 102 103 103 104 • MINUTES OF REGULAR MEETING OF THE CITY COMMISSIO4 OF MIAMI, FLORIDA * * * * * * * * * * On the 21st day of November, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in' regular session. The meeting was called to order at 9:04 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre P. W. Andrews, City Manager A. P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H. D. Southern, City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. S OUS DI N N ION ITEMS 1. HOMAS - :.IEF PRESFF ATION OF FIREMEN FROM (. OOL MB I A OUni IN UOVERNMENT SEMINAR Mayor Ferre: Ladies and gentlemen, before we start our regular agenda today I would like to recognize Mr. Abraham Thomas who is a teacher at Ponce de Leon High School and he has a presentation that he is going to make to each and everyone of the members of the Commission and I thought since he has to go to school that it would be appropriate if we just took a minute and let him read it. Mr. Abraham Thomas: Thank you very much. You know there have been many times in our nation when we have needed hard work, dedication, love and perseverance and I guess that this is what inspired me to come up with these words. This is our land; it is the land that we love and we'll fight to protect it from all those who destroy it. You are beautiful land, off of you we will stand till the last ounce of breath leaves the bounds of our bodies. It is for you that we live, all to you we will give. From the east to the west all across the rugged plains and the suburgs and the ghettos all the people are one. We all have to share the earth and the air and if no one will care this land soon will be bare. It is for you that we live, all to you we will give. It is the challenge we take for a cause that is just and we know it is not easy but together we'll make it. Times are hard this we know, but there's still room to grow and the love for each other will put hard times assunder. It's for you that we live, all to you we will give. Mayor Ferre and Commissioners and all the people in the audience, I would like to present this as my contribution to whatever it takes to get what we need and to have what we need to have to exist and live as we should live in Miami and not only in Miami, Dade County, State of Florida and our Nation. T NOV 211974 Mayor Ferre: Mr. Thomas, let me say Father Gibson is a preacher on this Commission, thank God. And he's a good one too. He keeps us on the straight and narrow. But today I'll take the prerogative of :saying thank God for people like Abraham Thomas. Thank you. At the request of Commissioner Plummer we're going to recognize Captain Salisar. I'ii tell you, while they're coming forward I'd like to at this time recognize Mr. Benny Bayline. Benny, I want you to stand up so everybody can see you while I read this letter. May I have the pleasure of conveying to our great beloved City of Miami that I have been taking down those unsightly political signs ever since the end of the election and I will continue to take them down wherever they may be so as to make our beloved City of Miami once again the most beautiful city this side of heaven. Benny, I want to thank you for the work that you've done all on your own. I'm very proud of you. Thank you. Mr. Plummer: Mr. Mayor, if I may, this is a group of firemen from the country of Columbia. They are from the province of Sogomosa. They are here in the City of Miami through Don Hickman for training for which they will be the recipient hopefully, of a surplus fire truck just after the first of the year. We, of course, would like to congratulate Vicki of the Florida -Columbia Alliance who saw and made the provisions for the trip and the lodging of these gentlemen while they are here. Vicki, I would like for you, if you would to say a few words before we present the certificates to these gentlemen. Would you like to say a few words? Vicki: Thank you, Commissioner. I wanted to thank the City of Miami, Mayor Ferre, yourself and the Commissioners, Chief Hickman and everybody involved in this wonderful program that gives Columbia the opportunity of learning, particularly the Fire Department people learning the new techniques that are so much needed down in Columbia and the Columbians are very very grateful for this opportunity that the Fire Department and Chief Hickman has provided for them and all of the wonderful personnel under him that is helping these people in their training and the constant assistance. I mean everything, even extra things like taking them to Disney World. Inspector Gonzales did that and everybody has really been very very nice to them. Thank you. Mr. Plummer: Very good. Chief Hickman, would you like to say a few words? Chief Don Hickman: Commissioner, it has been our pleasure to have these gentle- men up here with us. We have given them rescue, fire prevention and combat training and the credit goes to the men who have conducted this - Captain Nickerson, Inspector Gonzales and three or four of our Spanish speaking fire- men. They have been the interpreters. I have been completely left out. I just don't know enough Spanish yet to get in on this. But it has truly been our pleasure to have them up here with us. We expect this to be an on -going program and have many more groups like this up over the following years. Mr. Plummer: Mr. Mayor, for your information I spoke with the City Manager yesterday. Their request to us are simple to them. It is something that is gigantic. They have requested if this city can find any surplus equipment in the form of a red light, siren and quite possibly any surplus radio equipment. As you know, we will be taking down as part of the Miami Bogota Program some in December. I can announce this morning that the City Manager has committed for the trip down for the a red light and siren and the desire and hope to find some radio equipment so all of this will be a part of the exchange pro- gram. Mr. Mayor, would you like to go ahead and make the presentation? I don't think any of them speak English. Mayor Ferre: At this time it is my pleasure to make the following commendations. First of all let me say that I have had the pleasure of working with Vicki Alvernoz for the past year on our InterAmerican Friendship and its Sister City Programs. I personally have been to Bogota twice. Once fortunately with Vicki and a group of distinguished Miamians on a brotherhood and friendship mission. And for those of you who are students and are here observing local government in progress I would like to share this thought with you. Just a few miles away literally, and a few hours away we have a series of Latin neighbors and Carribbean Islands that we really should get closer to. Not only for economic reasons, not only because they're our neighbors because that is the kind of world that we're living in or we should be living in where there is a NOV 211974 • real honest to goodness sense of brotherhood. Brotherhood is best served by direct contact. You know you have to have that direct feeling between people and thin is patt of that. We are, the Sister City Program of Miami and Bogota is really a great success. It is a great success because of people like Vicki Albernos. She tries. You have no idea how many hospital beds have been taken to needy hospitals, equipment and she is really incredible. But it takes in- volvement of women and men like Vicki Albernos to make these things a reality. And then it takes involvement of 3 man like Chief Hickman who is standing right before us. Here is a man who doesn't have to go but he'll walk that extra mile. He'll meet these people at the airport. He really becomes a brother. Now by doing that we end up with a sense of friendship with a true sense of brotherly love and this is all part of that program. Now I'm going to say just a few words in Spanish for our distinguished visitors At this time I would like to ask Ken Freedman and Matthew Hose to stand up, if you would please. Why don't you come forward, and Deloris would you make a little statement for us here and tell us the success of our program? Mrs. Deloris Kory: In our audience today, Mr. Mayor and members of the Com- mission are both public and private highschool students from the City of Miami and they'll be back to watch you in session a little bit later. This is our third year actually as having Youth in Government Seminars at both the high school and junior highschool level. And hopefully we'll be able to coordinate a program with the county so that they'll have the advantage of a multi -level experience. Very soon through the City Manager's Offices we'll take these young people with us, our youth, down below this level for a briefing on admin- istrative procedures in government and then we'll bring them back to you. I'm very grateful to Ken Freedman, the Youth Advisory Board Chairman behind me and to Mathew Hodes who is on the Youth Advisory Board and who has coordinated this work through our offices. Mr. Hodes himself was a Youth in Government partici- pant like yourselfes just about a year and a half ago and he is a senior at Miami High. I'll introduce both of those. Mrs. Gordon: Deloris, would you just tell them the follow 0 of our first graduate of first Youth in Government seminar and where he is now and what he did in between so that these young people can be inspired by his action. Mrs. Kory: Yes. The young man from Miami Senior High named Charles Nichols worked with our office for over a year and the summer he could spend more time and as a follow up of that he was placed in Congressman Pepper's Office on internship in Washington this past summer and now he is a student at Georgetown University and I believe he plans to make politics his career. So that fills you in a little bit. Mayor Ferre: I think it is important to recognize Joy Bellamy. Joy, why don't you stand up. Joy Bellamy worked in the Mayor's Office for a year. I don't know what kind of an experience she really had but I think it must have been interesting because she lasted that long and I think she did a wonderful job as far as we're concerned. We're happy to recognize you here. By the way, I want to say that this represents a group of students, the group of students• here represents the Lynn Jesuit School, Miami Edison High, Ransom Everglades, Carlton, Notre Dame and Miami High Schools. Did I forget anybody? Thank you for participating. You're welcome here. I hope you enjoy your experience and that you will follow it up in the future with active participation in the political process. Mrs. Gordon: Mr. Mayor, may I let the young people here today know that the Boy Scouts of America are so interested in what this Youth in Government ap- proach to.. seminar approach to the learning process is that they're going to begin a new explorer troup for young people so that they can learn government on all levels not just in the City of Miami but throughout the county and per- haps the state. This is a nucleus and beginning of approach to education and the Boy Scouts are going to participate. Hopefully the Girl Scouts will devise some kind of a program for the girls that will be along the same line. UNIDENTIFIED SPEAKER: At this time I want all of you students who are in the program to leave your seats now. We are going to take you down to the Captain's Room underneath this level to be briefed by the department heads and by the Assistant City Manager, Mr. Crouch. NOV 21.1974 tkt z 2. PERSONAL APPEARANCE - LUCILLE STADLER RE MINI -PARK Mts. Gordon: Mr. Mayor, I wonder if you would allow three minutes to Mrs. Stadler so she wouldn't have to wait too long? Mayor Pierre: Oh yes. Do you think we can do this quickly? Mts. Gordon: Very quickly, and every Commissioner has a copy of the proposal in front of you. There is three letters and a map attached. Mayor Ferre: I don't have it. Mrs. Gordon: Lucille, will you explain the idea while they find, I'll pass mine along. Mrs. Stadler: Mayor Ferre and other Commissioners and thi± guests here this morning who are attending the meeting, thank you very much for the opportun- ity to speak to you briefly. My name is Lucille Stadler. I'm president of the local chapter of the Woman's Council of Realtors. The Woman's Council of Realtors is an organization that was started back in 1939 by the President of the National Association of Realtors and our chapter, our local chapter is rather new. We're less than 4 years old. Among other things we are required to be active in community and civic affairs and this year as our Make America Better Program we have chosen to locate an area, a lot in a distressed area for the purpose of developing a mini -park. Our committee has been working deligently this year to come up with the right project for this purpose and Commissioner Gordon, do you think it would be in order that I just read this letter of summary? Would that make it the quickest way to do it? Mayor Ferre: Why don't you just do it verbally because we have the letter and I'll submit it into the records. But just tell us briefly in your own words. Mrs. Stadler: We located a lot at the corner of N.W.• 2nd Avenue and 6th Street. Mayor Ferre: Which is government property? Mrs. Stadler: No. It is owned by a private individual and it is in a ghetto area and the corner that we have in mind right now is a small corner for a mini -park is already fenced and it is owned by a gentleman by the name of William Sawyer who is from an old time family here in the area. We have been in contact with him and working with him and we have just been able to finalize a program up to this point. Mr. Sawyer has signed a letter of intent to permit us to develop this corner into a mini -park. Also in the letter is contained a willingness to sign a lease with the City of Miami that after this park is devel- oped by free enterprise and landscaped and made into a beauty spot that the City of Miami would be willing to take a lease from Mr. Sawyer and maintain that prop- erty for the duration of the lease. There are other stipulations in the letter which you can read and clarify. Now I have also met with Mr. Ray Plummer of the City Parks Department and discussed this with him and before you is a sketch of the park as he has outlined it for us. He has also spoken with his superior, Mr. Howard who seemed to favor the project. It is to be a clean simple open park without any buildings of any kind on it to attract a crime of any kind and we do not believe that it would be necessary to have any supervision there. We would appreciate very much your considering this proposal so that we could get it into action right away and have the improvements made. Thank you very much for per- mitting me to appear before you. Mayor Ferre: Thank ,you very much for being here and I think this is a great idea. We have several other mini -park projects and I think it is very import- ant that we follow the same process that we always do is that the Manager look into this, Mr. Andrews, and report back to us. Mrs. Gordon: I would move a motion directing the Manager to look into this as described in the letter and to move forward. Now what must be made per- fectly clear is that the improvements will be placed and whatever costs will be involved will be the responsibility of the Woman's Council of realtors. That's what Mrs. Stadler was trying to make a point. The point where the City would enter it would be after completion because at that point the maintenance or responsibility of insuring the occupants, the people that participate and use the park would not be a responsibility of the realtors. They would do their civic duty improving the property. But more important than anything else and I am a member of the Woman's Council of Realtors, and I am active in this group as a member of the Council of Realtors, more important than anything and the reason why this area was selected is because it is a sadly neglected area. 4 i11 O V 211974 The WoMen's Council of Realtors feel that any improvement that takes place in this area May be a catalyst for further improvement, that if private enterprise through the efforts of the Woman's Council of Realtors can be motivated to Jae - prove a park which is presently being used by seniors sitting on boxes and with an old card table and with weeds about three feet high, if this could be Made into a beauty spot the feeling is that the other private enterprise May decide to do something to help beautify this area and just is a little match to start a forrest fire. Perhaps this little spark will set off a chain reaction. Mayor Ferre: Thank you very much, Mrs. Gordon and thank you ladies for your participation. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 74-1257 A MOTION REQUESTING THE CITY MANAGER TO INVESTIGATE THE REQUEST OF THE WOMENS COUNCIL OF REALTORS FOR THE CITY TO LEASE AND MAINTAIN A MINI -PARK ON LOTS 19 AND PORTION OF 20, BLOCK 55, MIAMI NORTH, AT THE NW CORNER OF N.W. 6TH STREET AND 2ND AVENUE, SAID PARK TO BE DEVELOPED BY PRIVATE INTERESTS. • Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Paul, I might mention to you very quickly in passing that the other day I had the opportunity to talk to architect Alvarez. He is very discouraged. He says that we're just not getting Mr. Andrews: I made an appointment with him, Mr. Mayor, to go out in the field with him particularly Mayor Ferre: I want to remind you that it has been 8 months since we started that mini -park project Mr. Andrews: I just want to point out that he had to cancel but we are going to go together and we are going to get that started because I think it is an important.. 3, ENVIRONMENTAL PRESERVATION DISTRICT -SOUTH MIAMI AVE, BISCAYNE D BAY, S.E. FIFTEENTH ROAD, ETC. z DISCUSSION & DEFERRAL, OF ACTION Mayor Ferre: Alright, take up item 3 with our apologies for being a half an hour late. Item 3, is there anybody here on item 3? Mr. Andrews: Mr. Mayor, the Planning Director will make a presentation to the Commission. Mr. Acton: Mr. Mayor and members of the Commission, this is the first series of proposed parcels of land to be designated as Environmental Preservation Districts. The map that has been prepared for your review and the parcel num- bering system is tied into our zoning ordinance atlas sheet. In other words each parcel of land that has been recommended by both the Planning Department and the Planning Advisory Board for the consideration of the City Commission. There is a parcel number designation and these parcels of land have been sur- veyed in accordance with the standards that are set forth in the Environmental Preservation Distfict and includes such standards as extensive tree canopy. The tree canopy must be at least 10,000 square feet plus the fact other consider- ations if the site bears specimen trees or rock outcroppings or other significant features. But each individual parcel has been surveyed and the Commission 5 NOV 211974 • should have in front of them what the standards are that pertain to the individual properties. That concludes my brief presentation, Mr. Mayor. Mayor Ferre: All right, sir., Judge, would you like to address this Com- *issiOh7 I would like to recognize the honorable Albert Dubin who needs no introduction in this community. At one time, he used to be father of Murray Dubin and now it's the other way around. They say Murray bubin used to be his son. Now they say this is Murray Dubin's father. Mr. Albert Dubin: Mr. Mayor, Mrs. Gordon and gentlemen of the Commission, Mrs. Dubin and I own parcel #13 which is immediately south of where we have lived some 35 years. Mrs. Gordon: Would you speak a little louder, Judge, we can't hear you. Mr. Dubin: Where we have lived for about 35 years. This is that little tri- angle just south of our house. Whether or not it has 10,000 square feet is questionable. If it has it would be only by 15 or 20 feet or maybe 50. That is not the point. This is not a canopied area. The whole interior of the lot has been scarified many years ago. The trees are on the fringes of the lot. Most of the trees are on the east side o1 county property because they have a ten foot strip there and on the south end where that tremendous tree is growing where people used to put the signs during campaigns and don't any more. I don't feel this tip falls within the scope of the ordinance. I think it ahould be excluded. We bought this property in two parcels. If we only owned one you couldn't do a thing about it because it would be about 4 or 5000 square feet. By buying two perhaps it does fall within the 10,000 square foot limitation. Let me say as a matter of philosophy this applies to the implementation as well as my particular piece of property. This nation and our state and our county and our city are engulfed in red tape. We try to get out of it and it piles upon us more and more. We're drowning in it - another Ford, another Commission, another bureau. We can't walk around the block without getting somebody's per- mission. As I said these trees are not important to the City they are more im- portant to me than anybody else. But I don't want to have to go to somebody and say here, may I move this tree if I intend to build? I don't, of course, and I don't think you can build anything on this particular tract because of its size and because of its contour. But be that as it may, we feel very strongly that this particular parcel 13 should not be included in the overall picture and that's why I have taken the time today to address you as I have and ask you to exclude it. I did ask the Planning Board to do the same thing but they didn't. Thank you very much. Mrs. Gordon: Mr. Acton, will you address the question. Mr. Acton: Mr. Mayor and members of the Commission, as the Commission knows we cannot be arbitrary or discriminatory in the choice of sites in the differ- ent areas of the city. The sites that have been selected are based upon the standards that are contained in the ordinance and I think it would put us on a rather precarious legal foundation which could be addressed by our City Attorney if we were to select certain sites that are in accordance with stand- ards set forth in the ordinance and eliminate other sites that would also be in conformance with the standards but eliminate them just based on the discret- ion of the Commission. What I'm saying is that we have surveyed this entire area and selected sites that are based on the standards and we have, I believe before the Commission descriptions of each of the parcels of land plus the type of vegetation that exists on the parcels such as the parcel under discussion is 37-13 and our description is that it is undeveloped property zoned R-CA and it is typical hammock area. In other words that parcel of land which is designated as 37-13 is a typical hammock. That is the reason it was included within the designation. There seems'to be quite a bit of confusion on the part of many of the individuals that come up and object to the ordinance although I have noticed there is quite a bit less objection evidently today than Mrs. Gordon: Your microphone must have something wrong with it because you're not coming through very well. Mr. Acton: I said that I think one of the problems is the lack of understand- ing on the part of certain of the objectors. Now we have managed to evidently lessen the number of objectors to the designation of Environmental Preservation Districts between the time that the hearing was held at the Planning Advisory Board and the City Commission. I think that there was enough information trans- mitted at that level to alay the fears of any particular property owner that we were trying to take away any of his development rights. U Nov 211974 40 Mt, Plummer: Well, let me ask a question. Are you in fact taking away any development rights/ Mr. Acton: Absolutely not. We could not do this legally, Commissioner PlUmMer, This relates to the;question you aukad me once before about can you stop me from doing whatever I want to do with my particular house if we designate it as a historic site. The answer is absolutely not because that would not be legal. You can't.... Mr. Plummer: Then what is the purpose of this resolution? Mr. Acton: The purpose of including environmental districts as we tried to explain before the Commission is to make sure that those properties within the City of Miami that do have extensive hammock -like coverage on them will be reviewed by a board that's composed of; I'm talking about in terms of re- development, not the property owner that for some reason wants to remove a blighted Coconut Palm from his property or wants to move a tree from one por- tion to another. But simply, we are trying to have a board that has expertise on it. They can work with property owners to save as much of the.... Mr. Plummer: Ok, what happens if... Let's hypothetically; a man owns a piece of property we have delegated it as an Environmental Preservation site. He goes before the board. I'm assuming the board has the tight to say yes or no. Mr. Acton: That is true, but you see Mr. Plummer: All right. The Board says no. Mr. Acton: Ok, then he has a recourse of appeal to the City Commission. What I'm saying is that in the end I don't think that we can legally stop, I know we cannot legally stop any individual property owner from developing their prop- erty in accordance with the applicable zoning laws. All we can do ar we have done say with the Urban Development Review Board is work with the property owners to try to save and to point out to the developers how we could preserve as many trees as possible. I would like, Mr. Simonoff is in the audience and I would like Mr. Simonoff to speak to this point as an architect. Mr. Michael Simonoff: I was involved as a private citizen working along with the Planning Department in the re -doing of the Tree Ordinance. The old tree ordinance really wasn't fair. It wasn't enforceable and it put a tremendous burden or a developer and architect because everything was designed, working drawings were completed and it came in for permit. If the trees were taken into consideration well that was fine. If they weren't it was almost impossible to tell a person you have to scrap everything that you've done because you haven't taken the trees into consideration. And so what was done is require preliminary plans to come in based upon what is on the site, not only the trees but any geological formations, sinkholes, rock outcroppings and natural features. And to try to design around these and take the best affect that you can, to make the architects and the developers think about what is there rather than to take a blank piece and just put some kind of a building on it without regard to what exists. Now there is no way that the board, the board would be composed, that anyone that fell within this Environmental Preservation District would come before a board with their preliminary plans. That board would be composed of a landscape architect and a nurseryman and an architect and two lay citizens. They would all be appointed by the Commission. This is an expert board, a good cross section of people who are aware of what is on the site. They will not sit down and say no, you can't do something on this site, you just have to take it away. Obviously if there is a beautiful hammock site and somebody comes in and they've taken no thought to what is there the board does and should have the right and the power to say you really ought to reevaluate it. Those trees have been there a long time, if you're going to build a building you're going to have to landscape it. You're going to spend thousands of dollars landscaping. Why don't you try to work with what is there save yourself on the landscape bill after construction is completed and feel that you've saved something that grew by nature. Now if there is a tree on a site that can't be worked around then obviously it is going to have to go. It is not something that is going to try to hold up any kind of development. There is no reasonable person whether it be the board or the Commission that is going to tell a man that he cannot develop his site. The only thing we're trying to do is have an s}wareness of what is ther and to let the people work around that. Now I was, a couple of days ago there was a meeting that had to do with the tree bank and NOV 211974 there are great efforts that are being made now and I feel that the tree bank wi11 be in existence whereby if someone has a tree'that neecs to be moved and it can be, Now not all trees can be, they will be able to be taken by the City and put on City property. And 1 think that is beautiful. If there is no place to put it at that time there will be a place to store that tree. But the new ordinance allows with this board to examine preliminary plans to say "If this tree is going to be removed and it can be removed to City property, let's give it time to be root prised." You have between preliminary and final drawings a pretty good amount of time and that makes for a successful moving of a tree. Now as you go further with the ordinance and you see that this is just something that just went into affect and there is an overlapping. Boards have not been set up yet, districts haven't been established. It takes a little bit of time to do it but everybody is trying to be reasonable about it. No one likes to be tole you can't do what you want on your property. But we all have to have some laws with which to work and we have to maybe inconvenience ourselves a little bit for the betterment and people are reactionary, noo:ie likes change or very people do but I believe this is really a fair step in the right direct- ion. I have to deal with developers all of the time and I'm certainly not a person that's going to tell a developer you can't do this because there is a tree on it. I'm going to try to work around it. And if I can't well then a logical board is set up and will be able to maybe suggest that he should sug- gest that he should think about it in another term. But if a tree has to go it is just going to have to go and noone is saying that you cannot develop your property. Now last night there was, the Planning Advisory Board had a meeting a public hearing on another district. And I felt that there was a tremendous misconception of what these Environmental Preservation Districts really were. Some people felt that it was going to mean that their land was going to be a park, that they wouldn't be able to do anything with it, that people were going to be able to come and go indiscriminately and affect their safety and that is just not so. There is feeling that you're going to be restricted from ever doing anything or maybe the City is going to take over your land. And that's not so. The only thing it is trying to do is saying this land may be zoned something now but it might not be zoned something tomorrow or you live on it and you have a great feeling for the Nature of this area but suppose you don't live there tomorrow and the next person that comes in doesn't. At least you're in an area that good minds have felt where it made it logical to put an Environ- mental Preservation District. And I reaLly feel that it is a priviledge to be in it. And there was also a very fine suggestion that I've heard going around that possibly there might be a little bit of tax break for providing being in the district and being able to have nature and work around it. I think that is something that really should be looked into maybe on the terms of a modified Homestead Exemption type of a thing. Thank you. Mrs. Gordon: I would like to point out to Mr. Plummer. Remember when we had a real problem on Dixie Highway at approximately 19th Avenue, somewhere in there, this is the reason why we're considering this kind of designated area so at least the City has a chance to look at the site and work with the builder and make suggestions and even when the tree bank idea is fully developed get the trees and remove them to public property. It is a very conservative and a very good idea for the benefit of everybody, the builders, the owners, every- one. Mrs. Edith Barkins: I live on S. W. 24th Road close to Judge Dubin and I just wanted to point out that at the time that the I-95 Expressway was coming through that area there was a great deal of controversy about where the buffer zones should lie to preserve the residential nature of South Miami Avenue and its environs. And at that time there was discussion about the City buying the judge's property, was there not, Judge? Unfortunately that did fall through but had the City bought it it would have preserved that parcel. So it is•a rather important piece of property. It acts as a buffer zone and I don't like to see the Judge deprived of his rights at all but I just wanted to point out the importance of that particular parcel. Mrs. Gordon: Mr. Barkins, he won't be deprived. If he wanted to develop it he would just have to say I want to do this or that and the board would say, "ok, if those trees have to go there is a place over there they could go." Root pruning takes about three months and it would give sufficient time for root pruning. Mr. Mayor, I would like to move this. Oh I'm sorry, I didn't know anyone else wanted to speak. I want to hear whoever has to speak. Mr. Michael Tarrant: I'm with the law offices of Fitzgerald. We represent Assumption Academy who is included in parcel 13-31. We have no objection to the ordinance. In fact, one of our partners was involved in the original drafting Nov 21 1974 of the ordinance. We believe that part of the problem here is as was stated by Mr. Acton, there is some concern among the public. who is not familiar with the intent of the ordinance and we also have some concern that should this ordinance continue after the initial 6 month period as 1 understand the ordin- ance is scheduled for review in six months as to whether the City will continue it, sometime in the future the City Commission may not be as enlightened as the present Co missioh and possibly the staff will have a turn over. We would like to see the Cbinnission should it adopt the recommendations today go on record as saying that this ordinance is:not and the City Commission does not ever intend that it will affect the existing structure of the building and zoning ordinance. Now granted this would have the affect more of public relations than it would of law because legally the ordinance as it is drafted in my mind does not affect the zoning. But I think, and we feel that it would put a number of minds to rest if the City Commission were to take that action. And I would like to reco- mmend that to you all today. Mrs. Gordon: Mrl Lloyd, how could we do that at this time? What is your reco- mmendation? Mr. Lloyd: Would you repeat your proposal once again, please? Mr. Tarrant: We would simply like the City Commission to go' on record to the affect that their adoption of the original ordinance and the inclusion of the subject parcels in the preservation district at this time is not intended to affect any of the zoning rights construed by the present and existing ordinance. It would have no legal effect that I can see because the ordinances themselves speak to that point. But I do feel that it would have a public relations value. Mr. Lloyd: They can go on record to that affect but the ordinances speak for themselves. Mr. Tarrant: I agree. Mr: Lloyd: And merely, the City Commission merely going on record cannot change the intent of the ordinances by merely going on record. However, if you wish to go on record from a public relations standpoint I see no harm in it. Mrs. Gordon: Well, I think educating people as to what is happening doesn't do any harm. But I would like to say that I am wholeheartedly in favor of the whole concept as the Commission► has already gone on record as being in favor of the concept. What we're doing now is selecting the sites that have been sur- veyed to fall within the perimeters of what this concept delineates. These properties have some very unusual natural foliage or trees so therefore they would be worthy of looking at before they were removed or scarified and that is exactly what it means. I 'd move it... Rev. Gibson: Mr. Mayor, before we move, I want to get the Judge's reaction. Judge, hearing what the council said over there and then hearing what Mrs. Gordon said I hope so that I understand, this would not, I hope not, affect adversely your land. Well wait a minute. Let me... That's why I thought I'd better get this straight because Mrs. Gordon just said that all this ordinance as far as we're concerned primarily in relation to your property is concerned about those trees, not the zoning. Do you understand? And that the ordinance will give us the right to ask you, I guess we'll have to compensate you too, well, you lawyers know all of that, that we would then. Oh yes, I believe in compensation. Now I don't believe in Wait a minute, don't misinterpret that. What I think I hear us say that we would then have the opportunity to take those trees be- cause of the importance of the trees to us and put them elsewhere. Now I would like for you to speak to that aspect of it. Now compensation, you don't have to say that to me because you know man, you don't have no business taking mine... I work hard for that little bit. INAUDIBLE Rev. Gibson: Judge, if something spoke to it what would be your reaction? I think this is a valid concern and I think what the council was pointing out is if later on the argument comes up we could read back into the minutes and know what was the intent. That is what he is saying and therefore it is im- portant. I would like to get your reaction. Mr. Dubin: Well, Father Gibson, my reaction is this. If I want to remove a tree to'build something or a lot or just arbitrarily, I don't like its looks, I want it out. It is in my way and I have to go to a board to do that. NOV 211974 Mrs. Gordon: We can't heat you very well. Mr. Dubin: I have to go to a board to get permission to remove a tree; that's my tree. Now Mr. Acton said they can not act arbitrarily, the board, or capri- ciously. Boards are made up of people and what is arbitrary and what is capri- cious depends on this person, the personnel that make up the board. It depends upon their background and what they believe in and their religion as to whether or not they will be arbitrary or capricious in any given time. What is the re- sult? I consider that their refusal to permit me to remove my tree to be arbi- trary. Do I have to go to court to prove that it's arbitrary? Why should such a burden be put on me because it's my tree, not the City's. I grew it, I fertil- ized it, I took care of it, I spent $200 to fix the palms that are now still dying seven of them. We keep the lot clean and neat and as I said this particular lot has no canopy. That is hog wash. It is not true. As i said the trees are all on the perimeter and not within the center and canopy as I understand it is something that covers things. I don't like the whole ordinance at all, as I said to begin with because it just puts another burden on your people, Mrs. Gor- don and Father Gibson. Mrs. Gordon: Judge, with all due respects and I do respect your opinion and you as an individual but the ordinance of tree preservation is already an ord- inance. What we're doing now Is delineating areas that fall within the perim- iters of the ordinance. The cost that Mr. Plummer is talking about, I think he is talking about the removal of a tree if it is designated... What cost are you referring to, please so I'll understand what you're talking about. Mr. Plummer: Rose, that is not the main thrust in my argument against the ordinance. My main thrust is we, the Commission telling a man what he can do with his property. I think it is wrong. Mrs. Gordon: We do that under zoning. Mr. Plummer: Oh no, he buys it under certain conditions. Mrs. Gordon: Not necessarily. We roll back zoning. Mr. Plummer: Now, let me tell you what I would be in favor of. I would be in favor of this; that in an area so designated that if a man wished to remove a tree or build that before he has that right he would have a grace period of let's call it 120 days that he either could build around or the City would go in and move it at City expense to a tree bank. Mrs. Gordon: That's right. That's what we're talking about. Mr. Plummer: That's fine but not that he would have to go before boards, that he would have to go through all kinds of boards. It is not right. Mrs. Gordon: Michael, will you speak to it. You know it better than we do. Mr. Simonoff: Yes Mayor Ferre: Mike, listen Mrs. Gordon: It is important that Mr. Plummer understand Mayor Ferre: The chair is going to decide differently and let me tell you why. The chair has that prerogative, Mrs. Gordon. I know you don't like it but the chair does have that prerogative. Now look, Mike, we've been through this be- fore. What you're going to say now you've said 5 times before. Plummer has heard you, I've heard you. I happen to agree. Ok? Now he happens to dis- agree. That's his right. Now he happens to think that there is a better way of doing it. Now let me tell you how I see it. I think Judge Dubin is right. It is just more bureaucratic stuff to go through. In the long run it doesn't mean anything. You know it. The attorneys, I 've had five attorneys look at it. There is not a court that would ever uphold somebody not building a build- ing on a piece of property because some administrative government tells you that you can't cut down a tree. It just won't hold up. And in the meantime I think it is just a vehicle to jawbone, if you will, that's really what it amounts to, to help you and to just push a little bit to try to save those trees. Mr. Plummer: Mr. Mayor, are you then going to include in the ordinance if the board whoever they be were to deny the right and as George said that it could be appealed to what board George? 1U NOV 211974 Mr. Actonf Befdre the City.. What's already in the ordinance... Mayor Ferre: It will come to us. Mt. Plummer: All right, are you going to waive any fees involved if it comes before US? It's not so specified in this ordinance. Mayor Ferret Well then amend it. I don't mind you amending it. Mrs. Gordon: We can amend that. Mr. Acton: No fees are established for it.. I say no fees are established for it at this point in time. Mayor Ferret J.L., listen. I would vote with you if you want to amend it. I don't think that we should put this burden on the property owner. Mrs. Gordon: Is there any cost involved, Mr. Acton, at all? Mayor Ferre: 0f course there are costs. Mrs. Gordon: He says there isn't. Mr. Plummier: ... If you designate an area and it is so noted then I would vote with it and the man desires to move a tree or build on his lot, he sub- mits his plans and there is 120 day waiting period tG give the City the oppor- tunity to move it I go along with it. I don't think there is anything wrong with that. But to demand of a man that he must go before boards, must come before this Commission, I think is wrong. Rev. Gibson: J.L., let's work it the way you just indicated. Judge, I would think that would do what you want rather than let some board decide because they didn't like the shape of your head. You know, that could be possible. I understand and J.L., let's get it together. Let's move. Mayor Ferre: All right Mike, I'm goin g to recognize you because this is mov- ing in another direction now. Mr. Simonoff: I just want to say something quick. The purpose of the board is to allow a preliminary design to be brought in based upon what is on that site. Now I feel if a site is heavily wooded and somebody comes in and they want to take the trees down and the board says no that is going to be upheld in court because they did not take the intent of the ordinance. Now .what this preliminary design submission is trying to do is allow for the root pruning and moving of trees. Now if there are trees on that site they're not going to be able to just knock everything down. That defeats the whole purpose and intent of the ordinance but no one is trying to be unfair and tell a man he cannot use his site. Mr. Plummer: Mr. Mayor, I would move you at this time that this item be deferred to the City Attorney outlining the thoughts which I gave that it not be mandatory before a board Mayor Ferret. All right, there is a motion for deferral to give the City Attorney to review as expressed by Commissioner Plummer and bring back for modification of the Mrs. Gordon: May I, Mr. Mayor, make a point of order? The point of order is that that is out of order and that is because that is not before us at this time. Mr. Plummer: A move to defer it out of order? Mrs. Gordon: What is before us. Wait a minute, Mr. Plummer! What we're talking about modifyingis whap Mr. Mayor just said, what we're talking about is delineating specific locations for inclusion in the historical preservation district. We're not working on an ordinance now pertaining to what Mr. Plummer is referring to. Mayor Ferre: All right. Now the point is, the chair is going to rule this way that anybody has a right to defer an item, and that takes precedence. Now, the second part of your motion, Mrs. Gordon, I think is correct. You cannot include it in your ... All you can do is move to defer. 11 NOV211974 Mts. Gordon: I'll dote if Mr. Plummer wants to defer this item I'll go along with the deferment. Will you make it time certain when you want it deferred until? Mt. Plumper: Yee, I'll do that in a second motion. It is going to be up to the Law Department. A motion to defer was introduced by Mr. Plummer, seconded by Rev. Gibson and passed unanimously. Mr. Lloyd: Mr. Mayor, I wonder if I might be heard just briefly, just one point to make. We were going to suggest that if this resolution were passed it would be made effective at such time as the environmental review board has been estab- lished. To date there has been no environmental review board established. I just bring that to the attention of the Commission. Mrs. Gordon: It really doesn't make a difference. Mr. Plummer: Mr. Mayor, I would like to make a motion at this time that the ordinance be sent to the City Attorney for modification, that the thoughts made by me this morning of the 120 day time period be injected rather than the review of the board. I have no objections in that 120 days to the review of the board and suggestions by the board but that it not be mandatory. I think you've heard everything that we've said this morning. I offer that in the form of a motion. Mayor Ferre: now wait a minute. In other words what you're saying is you're going to get the whole review board process. Mr. Plummer: No, not at all. The review process is still there Mayor Ferre: If it is not mandatory then obviously nobody is going to want to use it. They're going to say no. Mrs. Gordon: No, it has no purpose, J.L.. If you want to just defer it and to consult with Mr. Actcn or Mr. or anybody that you want in the meantime, I think you might be better off, and I would be better off too. I want to make another suggestion, if I might, Mr. Mayor. The AIA's have long been interested in the development of a tree bank and the preservation of the existing trees that Mr. Plummer is concerned with the removal from private property and a relocation cost. I would like to move that we ask Dade County or that you ask Dade County to join with us with their proper department to , I'm going to put this in a motion and you'll put this in a motion and you'll prepare a resolution with it. Or have you already prepared that? Mr. Lloyd: We have that one already prepared. It will be submitted at the time of the motions this afternoon, if I remember correctly, if that is the one where Dade County has 20 acres and we wanted to get into that Mrs. Gordon: You have already prepared that. Ok, fine. Well, let me explain it as long as I'm talking to it so my fellow Commissioners will know what I'm talking about. The place to put the young trees, the seedlings at the bank or the depository, a location has not yet been found and Dade County has a consider- able amount of land that they have acquired in different areas around the airport. We will be asking them to allow us to use up to 20 acres so that we can place these young trees together with Dade County to be a joint effort between both parks departments and the AIA's for a tree bank preservation area.. Would you have that ready and I'll move it whenever you have it ready. Mr. Lloyd: We have it ready now. Mrs. Gordon: Well, if you have it let's do it now if the Commission is ready. Mr. Plummer: Let me ask this question. Rose, what is wrong using the city owned property, by the way, on N.W. 11 Street and 22nd Avenue? Mrs. Gordon: There is nothing wrong with any property as long as it is of a soil content that will be suitable for the growth of the trees, and I'm not a horticulturist. Mr. Plummer: No, the City's nursery is right across the way from it. Mrs. Gordon: Well, that didn't come up on the phone, Father, so I have to vow' to your superior knowledge. Which property and how many acres are you talking about? 12 NOV 211974 Mr. PluMmers I'm talking about N.W, 11 Street and Mrs. Gordon: How many acres? You need at least 20 acres. Mr. Plumaer: 'There is a tremendous acreage there. Well, the entire park is L shaped if you go up 21nd all the way up I would say it was 15 acres.... Mr. Andrews: to the north. Mrs. Gordon: Well, we met yesterday with, Mr. Howard was present and suggest that he had any acreage large enough. If we in the City have it's dandy that we don't have to do anything further. Mayor Ferre: Now where do you want to put the trees, Rose? Mrs. Gordon: Wherever we can find enough acreage to place these young trees so they can grow until they Mayor Ferre: ...your idea of down at the port, what is wrong with that? Mrs. Gordon: You mean on the No, because this is a tree bank. This trees that are grown until they are removed and put in other public areas. Mayor Ferre: Well, where shall we put it? Mrs. Gordon: If we can get the land to put it. Mayor Ferre: We've got plenty of land. This city has over a hundred pieces of separate property. Mr. Andrews: Not only that, we have Virginia Key. We've already started a tree bank as far as the palms are concerned Mrs. Gordon: Mr. Andrews, Mr. Howard who I bow to his knowledge and his, the people in his department told us that we can't use land that is surrounded by salt water because it has detrimental affect upon the growth of the trees. I was told that we have to go further west. he didn't it I think is Rev. Gibson: Rose, I lived around salt water all of my life they live there, what do you mean? Mrs. Gordon: Father, I'm not a botanist. I'm not talking to that subject. Mayor Ferre: Ladies and gentlemen, it is ten after ten. We really must move on. I want to submit for the record that was requested a letter by a series of neighbors on Brickell Avenue and I think they've called twice to ask that this letter be read on item 3: We the undersigned represent all the owners from Wainright Park to Vizcaya on the bay (1000 ft. frontage on Brickell Avenue, plus Mr. Danielson's property extending to Vizcaya) with the exception of one parcel of 100 ft. frontage owned by Mrs. Mc Guire, we are by this petition notifying you in advance of the public meeting to be held November 20 of our VERY STRONG OBJECTION to be includedin any "Environmental Preservation District". Some of the petitioners will be unable to attend the meeting on Nov. 20; therefore, we are requesting that this petition and/or objection be made a part of this public meeting. All our properties are on the bay with walls and gates on Brickell Ave. We are continually harassed by people entering our private property, ignoring signs of "Private Property, Beware of Dog, etc". Closing our gates still is not enough. Wainwright Park has created a nusiance, which is a matter of record to the public officials and police department. We pay very high taxes, and feel we do not want any additional regulations by the City or an Environmental Preservation Review Board. We respectfully ask that you eliminate this entire bay frontage from Wainright Park to Vizcaya from your Environmental Plan. Mayor Ferre: And it is signed by all of the property owners but one. Everybody is for something until their ox gets gored and then they're not 13 Nov 211974 Mrs. Selina Alexander: Mr. Mayor, may 1 have the honor and priviledge of snaking one statement please? t'm Selma Alexander who lives at 2323 S. Miami Avenue. Mayor Ferre: On what subject, Mrs. Alexander? Mrs.,Ale:cander: The subject of Environmental Preservation District. I feel discriminated against because my property was not declared in, I would be proud and honored to be declared in. t want that for the public record. Thank you. •- EXTENSION OF VARIANCE • I 6 2001 S• W. 2%TH AVENU PERMIT CONS RUCTION_O OFFICE BUILDING The following resolution was ir.trodueed by Cmmissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1258 A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCE OF THE PROPERTY AT 2001 S.W. 27TH AVENUE TO JUNE 13, 1975 ORIGINALLY GRANTED BY COMMISSION RESOLUTIONS NO. 73-963 AND 73-964 ON DECEMBER 13, 1973. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. DISCUSSION ITEM N 5, ENTER INTO CONTRACT, FLORIDA CITY EMPLOYEES, LOCAL 654 AMERICAN FEDERATION 9F STATE., _COUNTY AND r1 UNi IPAL EMPLOYEES Mr. Andrews: Mr. Mayor and memters of the Commission, I wish you wouldindulge me with one additional item. With your permission I would like to introduce the matter of the negotiation settlement with the American Federation of State, County and Municipal Employees and Mr. Hagan and Mr. Lanken are here. There were give demands that the labor union presented to us after the initial negotiation ses- sion. Four of the demands were removed from the table finally and one issue was at stake. I agreed to this through Mr. Lanken with the union reluctantly because it was an area that I felt, and have always felt that it's the Commission's pre- rogative to establish additional holidays if they chose to do so. The issue that I've agreed to which the union has now ratified and is now before the Commission and will be subject to your approval is that the granting of Friday, December 26, 1975 become a holiday. If the Commission ratifies this arrangement then I would further adopt a motion which can be later converted into a resolution by the City Attorney. He has the resolution prepared indicating that this then would be ex- tended, the same holiday provision would be extended to all city employees and to all organizations thereby authorizing the Manager to amend the existing four agree- ments that you have already ratified with this provision included. Now Mr. Hagan, will you please stand up because you were a party to this and Mr. Lanken, in case there are any questions. You can see my reluctance, I don't like to put the City Administration in a position of deciding on holidays or extra days off but I feel that that's something that the City Commission should be making a decision on after they've received information from the Manager rather than put the Commission in this position. But in order to bring this to a conclusion I did agree to this through Mr. Lanken. Mr. Walter Hagan, President of Local 654: I think it was the Commission that put this in the contracts that sent the unions, into negotiations for the holidays in the contract. 14 NOV 211974 41/ Mayor Pert*: Well, been through this. He says it is the Commission that actually put that into the contract. Mr. Hagan: They directed us to go in and negotiate holidays in the contract. Mr. Lanken: To really make it .he subject: of a collective bargaining negotiation. Mayor Ferre: In other words, as I understand it, Paul, is that everything has now been agreed to except the one item which is the Fridays after a holiday and you want the Commission to make that as a policy decision. Mr. Andrews: Well, it has been agreed to by me through Mr. Lanken with the union for this one agreement. It is not contained in any other agreement and I'm saying that if the Commission ratifies this agreement now with this proposal in it then they adopt a resolution which is before you that would make this applicable to all employees in the City and affect the other four agreements which I would go back and readjust. Mr. Lanken: I think the only significant difference between the AFSCME contract and the General Employees Association contract and the Sanitation Employees con- tract is that the contract in question contains a voting for national elections, membership of local 654 would be provided with an hour off to vote on national elections, given approval by their department heads, respective department heads. Absent that the contracts are almost identical to the other two contracts. And the holiday provision. Mr. Plummer: What are we doing in reference to the other unions in reference to giving them an hour off? Mr. Lanken: Well, that wasn't the subject of negotiations with the other labor unions. Mr. Plummer: Neither was the holiday. Mr. Lanken: That's true, however the type of time off, there is a distinction between the two types of time off. The distinction meaning that it could be scheduled through the day of the national election as opposed to, for example, shutting down the entire city for that Friday after Christmas, 1975. Rev. Gibson: Why don't we make the wording the same? Mr. Lanken: The City Commission could do that. Rev. Gibson: The scheduling of voting on national elections or scheduling say send somebody at 9:00, somebody at 8:00 rather than shutting down the City at a given time. Is that what you're trying to... Mr. Hagan: I think it is better the way it is in the contract really because if the department head feels that he can't let the go for reasons detrimental to the City he doesn't have to let them go. Is that right, Joe? The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1259 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI, FLORIDA, CITY EMPLOYEES LOCAL 654 AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH HEREIN IN THE ATTACHED COPY THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: Commissioners J.L. Phi r, Rev. Gibson, Mrs. Gordon, Manolo Reboso and Mayor Ferre. NOES: None. 1J NOV 21ai4 i 6, DECLARE, FAY DECEMBER211, ' 6, 1975 OFFICIAL A�. HOLIDAY INCLUDING IN ALL EXECUTED EMPLOYEE COLLECTIVE BARGAINING AGREEMENTS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1260 A RESOLUTION DECLARING FEIDAY, DECEMBER 26, 1975, THE DAY AFTER CHRISTMAS, AN OFFICIAL HOLIDAY; INCLUDING THIS HOLI- DAY IN EXECUTED COLLECTIVE BARGAINING AGREEMENTS OF THE GENERAL EMPLOYEES ASSOCIATION, THE SANITATION EMPLOYEES. ASSOCIATION, THE FRATERNAL ORDER OF POLICE AND THE INTER- NATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Rev. Gibson: Mr. Manager, I want you to answer this for me this morning. I hope now that we're going to pay all of these people and start to pay it at the same time so that those people who can least afford it won't have Christmas and not have no money. Mr. Andrews: Yes, sir. Rev. Gibson: You understand what I'm trying to say, sir? Mr. Lanken: Yes, sir. Rev. Gibson: Whenever that money started for the others it will start for you. Mr. Hagan: It is already established for the others, Father. Rev. Gibson: I just want to make sure. That is the intent. Mr. Hagan: By the City Commission's ratification of this contract it will retro- actively apply the 10%. Rev. Gibson: Beautiful, we're together. Mr. Hagan: Will they have it by Christmas? Mr. Andrews: We're going to sure try. I don't see any reason why that shouldn't occur. Rev. Gibson: WE11, you know there is nothing like giving those people some hope now. I want to tell you man, when you're only making a hundred dollars and another guy is making 5 you know it is kind of nice on Christmas time to get that extra 10 or 15 dollars in your pocket. That's what I'm talking about. So maybe you ought to ask the department to speed up the process. Mr. Andrews: I'm doing that right now. 16 NOV 211974 i N a 7, COMMUNITY DEVELOPMENT ACT - PRESENTATION BY THE CITY MANAGER Mr. Andrews: Mr. Mayor and Commission, the Housing and Community Development Act of 1974 which was adopted this pest summer is going to make a significant impact not only on the City of Miami but the total Dade County community. t Would like to give you a little bit of some reasoning of types of grants that have been made available to the City in the past and to Metropolitan Dade County and show you the difference of what is taking place with the Housing and Community Development Act. In the past the City received categorical grants such as for Model Cities, Urban Renewal, Open Space, Park Development, Neighbor- hood facilities and public works. And through this process over the years when we applied to the federal Government the federal government specified the rules and regulations and the requirements specifically. We looked to our community and we'd see a project that could applied against that grant and we would be forced to meet the federal government's criteria in order to make an application and to move ahead with development. That development process then was guided very closely by federal regulations and criteria. And often the governmental agency in question did not obtain the desired results for their community be- cause they were forced to abide by the categorical grant guidelines. As an example the City of Tampa with an urban renewal project and the City of Miami with an urban renewal project had to similarly abide by federal regulations al- though the conditions in Tampa might be different than they are in the City of Miami. There was a great need for change and governmental agencies throughout the United States pressed the federal government so often through the last ten years to change their entire approach to granting of funds that would assist local communities when the Housing and Community Development Act came into being the federal government did just that. These monies will be made available to the City based on community needs and the City Commission, the citizenry of our community and the administration working together will determine what our commun- ity needs are, we will develop a program based on those community needs and sup- ply them to the federal government. The federal government will evaluate our programs and then make determination after we've justified that it is a worth- while project it will have an impact upon the community and produce the results that we've specified. When they've come to that conclusion based upon the City's criteria for these they will then approve our project and we can then move ahead. Some of the criteria that is established through the law is the elimination of slums and blight principally for persons of low and moderate income, elimination of conditions harmful to health, safety and welfare, conservation, expansion of the nation's housing facilities, a more rational use of land and other natural resources, development of neighborhoods that will be available and attractive to the diverse income groups, restoration and preservation of properties of historica architectural and other special value. Now this activity within the City will be principally carried out in certain areas of the City where we have identified that we have poor housing, where we have low income families living where com- munity impact will be the greatest. The City will receive in 1975 2,7 million dollars for the first year. In 1976 we'll receive almost 612 million dollars and from 1977 thru 1980 we should be receiving 9.8 million dollars. To obtain these funds we're going to have to make application for each project. These are not funds that are going to be granted to the City automatically. This is a reservation of funds for the City of Miami. With this reservation we have to go through the process of assessing the community needs, determining what is impor*.- ant to the total community, making individual applications against these funds which have been reserved for us. Funds will not be granted to us automatically. They're held in reserve and in trust for the City., We will be able to do such things as acquisition of real property, construction or installation of public works and neighborhood facilities,'code enforcement to arrest deterioration in neighborhoods, demolition and rehabilitation for the improvement of buildings, removal of material and architectural barriers that will improve the mobility for elderly and handicapped persons, payments to housing owners for losses of rental income while holding properties for reallocation use, disposal of real property, and I'm not going to go throught the whole list I've supplied the Commission with a memorandum and I'll be supplying you with much information as we move along through this process so that you're well aware of how the moneys can be used. Another area is relocation payments to displaced persons. There are administrative costs that can be assessed against these funds. I want to emphasize that these moneys can not be used for contracts to build new housing. The moneys can be used to take all those steps which will lead to applications which can achieve new housing. This activity is principally going to be carried out by Metropolitan Dade County. In summary of this portion we are looking to a first year program and this is going to be quite a complicated process involv- ing the City Commission and the community in that we have to go through an assess- ment needs; what does our community need and what resources do we have available 17 NOV 211974 at our disjosable right how to solve t:iat community need. Then any of those community needs that cannot be met with the resources that we have, then can become available for solutions through the Housing and Community Development Act. I would like to give you an example of that. Metropolitan Dade County who will be receiving $23,000,000 a year for approximately 5 years will be spending a portion of their community development funds in the City of Miami. They also have available to them the Decade of Progress Bond Issue which they will be spending a portion of that money within the City of Miami. The City of Miami itself has the 1070 bond issue. In 1972 it had the Parks for People Bond Issue. When we have programmed and committed these funds and identified where these funds Will be spent then, additional community needs can be programmed against the funds available from the Housing and Community Development Act. These funds are divided up really into three categories. The whole harmless governmental agencies as Metropolitan Dade County that were receiving moneys for Model Cities Urban renewal and other types of area wide projects then en- titlement cities of which we are one, we have been identified as a city that is entitled to share in these monies due to the make up of our community, the type of neighborhoods that we have, the degree of low income families that live within the city. Now Metropolitan Dade County with the assistance of the City, and we will be co-chairing the meetings I'm about to announce, is holding a series of public meetings in the early part of December and we will send you a schedule of those meetings. The meetings are for a multi -purpose insofar as the county is concerned in that they will be holding meetings with citizenry of the City with reference to health programs, manpower programs and day care programs and the fourth subject is housing and community development explanation and parti- cipation. In that area of the Housing and Community Development Act the City of Miami will be co-chairing those meetings because there is a dual responsibil- ity. Metro will be using some of its funds received from the same act within the City and the City will to. For example, if Metropolitan Dade County has the housing aspect well under control and they administer this already. There is no need for the City to spend its money on housing from the money that will be made available to it. We will be interested in knowing how Metro spends the money, their money or the entire county on housing in the City but then we can spend our money on parks and other public facilities. There is an example of such a project on the agenda which I will talk when we get to it. I would like Mr. Parades to add a few comments to what I have passed on to you and then we will be open for questions and then shortly within the next few days or so I will be supplying you with a memorandum as the schedulings of these meetings so that you can participate. Mr. Plummer: Paul, let me ask you something. Somebody said to me the other day that really in fact this Community Development Act is the continuation or based on the fact that the elimination of general revenue sharing. Have you heard anything to that? Mr. Andrews: NO, sir. The two do not go hand -in -hand. General Federal Revenue Sharing is separate and apart from this and from everything we know will continue to act as it does. This is separate. This does, however, take the place of such grants that took place in the past as Model Cities Renewal, Open Space and Park Development, Neighborhood Facilities; we won't have those kind of categorical grants that we've applied for. It will all have to be done through assessment of community needs and will fall under this aspect. Mr. Plummer: But you don't see this as the replacement of revenue sharing? Mr. Andrews: No, sir. Mr. J. Parades: The basic difference is that revenue sharing,is a trust fund. It was established for six years. Community Development is not. It is merely an appropriation by congress. So there is one basic difference right away. When Mr. Andrews was talking about housing I think we should repeat again that we are talking about title I, not the act. Title I of the act does not allow any new construction that's ... new type of housing. However, we can do redevel- opment, we can establish economic development corporations, non -profits that would allow individuals in the City to go and develop their own housing. Right here, the chart to your left is basically a process. It is a well identified process that we have to go through. In the top you see the tasks. Those are the tasks that are functional and tasks that have been formulated by the act itself and by HUD. Just yesterday we received the latest administrative regulat- ions. However, the final regulations on housing and the housing element will not be available until December 2, The main thrust here is that we're going to 1' NOV 211974 • have to coordinate our efforts with the county in as much as they will be get- ting roughly $25,000,000 in the beginning and the City will rot. Our monies in the City will go up until the rth year when we will be getting roughly $10,000,000. The Commission will be invited. The Manager will provide them with a schedule of the public hearings that we're going to be conducting and also the staff, the Community Development Staff here in the City will be doing a community needs assessment survey and actually some interviewing throughout the cbmmunity to get an appraisal on those needs that the citizens perceive to be of the greatest impact. Mr. Andrews: Mr. Mayor and members of the Commission, I want to point out that these first series of meetings are more informative to the public so that they can become organized but after that the Commission is going to have to display an area of,leadership here in directing policies as to the carrying out of this entire program. t don't want you to think that we schedules the meeting pre- empting the City Commission from takin<; the leadership. This is to get the whole program organized to begin informing the public so that there is an aware- ness of this entire matter as to the expenditure of these funds and how they can best be spent in the community. After that initial group of meetings the Com- mission will certainly have to become far more involved in the leadership roll along with the administration in needing to arrive at what are the best projects. I might give you an'example at this point of a project. There is on your agenda later today a matter relating to the Coconut Grove incinerator site in which you authorized me to receive proposale to secure architectural services to convert that facility into a community facility including a park. We do not have the moneys for the necessary construction that will take place in order to carry out that project. That particular project becomes an ideal example of develop- ment at a very early stage through the use of the Housing and Community Develop- ment Act funds. It is one that we can, once we get the citizen participation and we get preliminary plans completed and we go on to contract plans to convert that facility to a complete community facility and a park we can then take all of that information and document it and submit it under the Housing and Community Devel- opment Act perhaps as a separate project for funding and let's assume there is $200,000, $300,000 worth of expenditure required, we would make application for that amount of money demonstrating the fact that it would make a significant im- pact on the community to develop that particular facility. Does the Commission have any questions at this point that we can assist them with? I realize this is a very complicated process and maybe too early to anticipate too many questions and you may have more as time goes on. Mrs. Gordon: Mr. Andrews, I'm sure you'll make someone available to sit and dis- cuss these matters with us perhaps if we have questions then on a one to one basis we can get educated rather than take the time of the whole group. You have sum- marized it very well and I think for the time being it will be alright. Mr. Andrews: Mr. Parades will be available. It is my ambition to employ through the act, and I'm going to get started at an early date, a staff of people that will coordinate the various elements of the entire act. The Booz Allen firm is assisting us through another federal grant in helping us organize for the Housing and Community Development Act but I want permanent City employees to become involved in this and to the the coordinators and I will be holding inter- views and appointing people to these positions. I have a resolution, Mr. Mayor which I will read that will be distributed to you that I would ask that you con- sider for adoption. It is a resolution authorizing the City Manager to initiate the administrative processes of the Housing and Community Development Act of 1974 and further authorizing the City Manager to incur expenditures in the administrat- ion and planning processes for Community Development funding for such activities which will come from the Housing and Community Development moneys. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1261 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE THE ADMINISTRATIVE PROCESSES OF THE HOUSING AND COM- MUNITY DEVELOPMENT ACT OF 1974, AND FURTHER AUTHORIZ- ING THE ADMINISTRATION AND PLANNING PROCESSES FOR COM- MUNITY DEVELOPMENT FUNDING FOR SUCH ACTIVITIES WHICH WILL COME FROM THE HOUSING AND COMMUNITY DEVELOPMENT ACT MONIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) NOV 211974 Upon being seconded by Conm issidner Gordon, the resolution was passed and adopted by the following vote: AYES: Coimnissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 8, NW& RAPE CASE -IMPROVED LIGHTING -LOCKED GATES -GUARDS ON DUTY AT NIGHT, OWNERS GIVEN 30 DAYS TO COMPLY WITH PARKING LIGHTING ORDINANCE Mayor Ferre: I have a pocket item in reference to parking lots and that sit- - uation we had and I just want to discuss it a little bit with you before we get. Mr. Andrews: Mr. Mayor, we have a map that we'll bring up which will assist you in introducing this subject on the parking lots. Mayor Ferre: AS I'm sure the Commission and members of the public are painfully aware we have had a series of rather unfortunate incidents, to put it very mildly. Actually, they're horrible incidents that have happened in parking lots and periph- erial areas in downtown. Now I think that we have to take some drastic action and I really think that we cannot just depend on the usual standard pat answers and pat solutions. We're going to have to attack this very strongly. So I would reco- mmend two things. (1) Mr. Andrews, I think it is extremely important that we immediately look for the best possible lighting if we have to strengthen the light of these parking lots. We're just going to have to do it. Secondly, I think we're going to have to get special guards so that if an operator wishes give him the choice. If he wants to shut down at 5:30 and just lock the place with gates so that nobody can get in and out and the public will not be getting their cars beyond 5:30 that would be a choice that he would have. The alternate would be if he wishes to stay, remain open beyond 6:00 which is when it gets dark now he would have to have a special guard let's say for the additional three or four hours that he would be open or however long he is open and beyond that there have to be gates put up so that people will not be going in and looking for their cars in an unprotected area. Now those in my opinion are two positive steps that we could take. And I'm afraid the burden of it is going to have to be carried by the property owners that are involved. Now obviously they're going to pass it along to the public in parking fees but unfortunately we're just going to have to do it that way. Mr. Andrews: Mr. Mayor and members of the Commission, let me briefly tell you about the ordinance as it exists. The ordinance provides a standard of lighting in the downtown area that if the lots are lit to this standard that would elim- inate, hopefully, a portion of the problem because we do have very good standards. And the areas on red that you'll notice on the chart are areas that are of'as this date not complying with the ordinance. They have been noticed and we're going to start stepping up our requirement that they comply by taking actions that are provided in the ordinance. The areas in green are areas where compliance has been obtained and the areas in brown of which there are a few and one at the top of the page are areas that have just come into compliance within this past week. Mayor Ferre: Have there been letters and notifications going to these properties to comply? Mr. Andrews: Yes, sir. The ordinance does give them some time to comply but we're going to use every available.... Mayor Ferre: I think we ought to tighten up the time and see if we can get it done before Christmas. Mr. Andrews: Yes. Now for those who do not wish to light their properties there is the choice now that you're pointing to, in that they can fence off their properties or secure their properties so that vehicles or lots cannot be used after dark. That option was put in by the City Commission so we would not be arbitrary and just force everyone to light. If the lot is not used Mayor Ferre: All right, Mr. Andrews, that is half of the picture and I'm glad and I hope that now the administration will pursue all of the property owners 2U NOV 21197: • and get them to do this. And I'm sure that we can hopefully by the first of the year have all of these areas properly lit that are under lit now. Secondly, I think, I have requested the City Attorney to prepare a proper ordinance so that anybody who stays open in these major lots beyond darkness, whenever dark- ness falls, sunset, will have to have an armed guard patrolling that area as part of the permit to operate a parking lot as long as that parking lot is funct- ioning or to a reasonable hour. I think certainly let's say 11 O'Clock, if some- body is going to What I'm worried about are the women that come out of work at 6:15 like what happened last Friday and it is dark and that is when this rape occured. Beyond 10 O'Clock I think everybody is going to be extremely precautious. Mr. Plummer: Mr. City Manager, in the same vein I sent you a memorandum which I'I1 give to the rest of the Commission asking you, well, I'll just read it into the record. Would you please prepare yourself for the Commission Meeting of Nov- ember 21st to address the concerns expressed to me by many of the downtown business- men relating to crime problems during the busy and hectic Christmas season. It is still my hope that the new Park Rangers can be used in the downtown area during this time together with any other available manpower you feel is necessary to accomplish the needed results. I would ask you at this time what you are propos- ing and what you can do for this upcoming season. Mr. Andrews: Mr. Mayor and members of the Commission, I have already looked into this matter. I am not satisfied that we're going to be able to do, I'm not satis- fied with the plan as far as we have developed it. I think we can even do more but the plan as developed so far would increase the policing effort in downtown Miami by 50% more than the officers that we have available during the normal time of the year. Mayor Ferre: When is that going to be implemented? Mr. Andrews: That will be for the Christmas Holiday Season and would begin somewhere around mid -December or even earlier. Mayor Ferre: Paul, I might point out Mr. Plummer: Wait a minute, excuse me. Paul, if I'm not mistaken the general policy that the stores stay open in the evening starting after thanksgiving. Mr. Andrews: Well, that's what we're going to gear ourselves to but I thought it was a little later. That is why I said a little bit earlier. Mr. Plummer: They usually start the day after Thanksgiving. Mr. Andrews: We're going to be in concert with that, I can assure you. Mr. Plummer: Alright, so what you're telling me and the rest of the Commission is that whatever you plan on right now will be at least 50% more during the Christmas season than presently downtown. Mr. Andrews: Yes, and I'm exploring other things including the rangers and some other areas where we may be able to get additional Mayor Ferre: Mr. Andrews, I think it is very important that you advertise this. I don't know how the media and the press are going to cover this. I assume that they will. But I think it is important people realize we're doing, I would put an ad in the paper so that people who want to come and shop in the downtown area feel they have added protection during this time. I think it is really essential. I might point out because I didn't see it in the press, as I understand it there was a rape last Friday and there was a subsequent rape during this week. I haven't seen that reported in the press. Mr. Plummer: No, the second rape was not in the immediate downtown area. It was just a little bit north of the downtown area. Mayor Ferre: Now I also understand, just point out the problem that there was an attempted hold up last night in one of the parking garages and that you know, this is the second time this happened this month. So I really think that we've got to really turn on some lights and turn on the pressure and really try to make downtown as humanly safe as possible. And I really believe that it can be done. I think we can make downtown Miami the safest part of this community but we're going to have to take those extra steps to do it. And I think we can do it. I hope we will. 21 NOV 211974 Mr. Plumtaer: Alright, so Mr. Manager, i can report back to these merchants their concern that it is your intention that starting right after Thanksgiving that the man porter downtown will be increased by at least 50%? Mr. Andrews: Yes, and I want you to know that I hAve accepted invitations from various merchant* in downtown Miami with our Police Department cone and see them and talk to them about plans that we have. So we will be meeting with them but please go ahead and Mayor Ferre: Alright, Mr. Lloyd. Mr. Lloyd: Mr. Mayor, we have already begun our study to submit an ordinance to this Commission no later than December 2 and I might report that yesterday on November 20 we placed a call to the National Institute of Municipal Law Officers in Washington and spoke to the staff attorney on this particular problem and we were informed that other cities have attacked this problem by requiring as part of their licensing process an attendent by on duty when the parking lots are open for business. We will get a ,:opy of that ordinance, of those type of ordinances so that we may proceed to present what we hope will be a pliable ordinance Mayor Ferre: Alright, you investigate it and see what the precedent is in other cities but I want you to know if nobody else has done it anywhere in the country we are going to be the first ones to do it. But I would like to see and I hope this Commission agrees, that we should have an armed guard at each major parking lot if they're open beyond darkness for a logical period of time. And at least we will have that added protectioal That of course, would not be an absolute guarantee but it certainly would be a big step forward. Mr. Plummer: It seems like to me that the time for compliance for the lighting ordinance has run out. What was the final date that they had to comply? Mr. Ferencik: You most recently readopted the ordinance and it became effective last July. Mr. Plummer: Correct. Mr. Ferencik: Immediately thereafter there were some 8000 parcels of property roughly that come under the purview of this ordinance. We immediately after that started putting these people on notice that they must comply. Now it means going out at night and we've got one instrument, one man and it takes a period of time to cover the City of Miami. We have not gone back on repeat inspections throughout the City at this time. These particular people that own the lot in question are on definite notice that they are to comply with that ordinance. Our position is at this time is that they have not complied, we will have to file an information in the Metro Court and take them into court. Mr. Plummer: Wait a minute. You know this is the thing that just bugs the living hell out of me all of the time, Bob. Come here, Mr. Lawyer. Now you know that is wrong. This process of taking people to the Metro Court is a long drawn out process. Now it seems like to me, and I've raised this question before, this particular lot which you have designated as 65, you don't need any meter. They have one pole with a light coming out each side for eight acres. That's it. I don't need a meter. Now, I thought that we agreed that if someone was not in com- pliance that you didn't have to take them through court procedure, that you lift their certificate of occupancy or use. Now why are we taking the long route? Mayor Ferre: Close them down! Mr. Plummer: Close them down! If they don't comply give them 30 days and close them down. Mayor Ferre: If those lights are not up by Christmas I think this Commission should go on record and you can close down those parking lots. They either have lights or they get closed down. Mr. Plummer: Let's be reasonable. When I say reasonable now, what Bob, would you say is the reasonable time for these people to get the proper - meet code, what now is code? Is 30 days proper? Is 60 days? What is proper? Mr. Ferencik: They could meet the code within that period of time. There is no question. Mr. Plummer: You're saying 30 days? 22 NOV 21 i974 Mr. Perencik: Yes. Mr. Plummer: All right. Do you have any disagreement of what I have just pro. - paled, that if they don't comply we just close them down? Mr. Ferencik: Well, I think you would have to; in the past when this has occured we brought them up on a license revocation hearing before we did this. Mayor Ferret Forget the past. Mr. Plummer: Well, I tell you, what I look at in the past we don't like. Mr. Andrews: If my assessment of this is in terms of ?ublic health and welfare then in that aspect of .our City Charter we have some broad latitudes and we can act. Mayor Ferre: Mr. Andrews, will you make a full survey of this by the next meeting which is December 2nd and you come back. We want this problem solved by Christmas Day this year. Mr. Plummer: Well, let's go even stronger than that. Mr. Andrews: To act if we can act even before then. Mr. Plummer: All right. Let's go even stronger than that. Mr. Manager, I expect before the week end is out that each one of these areas that are designated in red will be notified that they have 30 days within which to comply or their certi- ficate of use will be withdrawn. Now do you need that in the form of a motion? Mr. Andrews: You can if you wish but Mr. Plummer: That pertains just to the lighting ordinance. Mr. Ferencik: Amend the ordinance on an emergency basis. Mr. Plummer: I don't think so Mayor Ferre: We can't do it now, you prepare it, work with Lloyd, come back this afternoon.... In the meantime we have a motion of intent. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1262 A MOTION OF INTENT THAT ALL FIRMS OR PERSONS PRESENTLY NOT IN COMPLIANCE WITH THE CITY'S PARKING LOT LIGHTING ORDINANCE BE GIVEN THIRTY DAYS NOTICE TO COMPLY OR CEASE NIGHT TIME OPERATIONS. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 23 NOV 211974 • RESOLUTION INDICATING CITY'S INTENT TO MOVE FORWARD Mayor Ferre: Ladies and gentlemen, there is a coordinating council of Dade County. The chairman of it is Mr. Don Schumaker and every major governmental body, the United Fund, the United Jewish Appeal are participants of that council and Mr. Andrews and I serve on it as representatives of this government. Now over the last three meetings the main point of these discussions has been that we are heading in our community for a severe recession and perhaps worse. Our concern has been that there just is not enough work available for the people of Miami. Now we already know that we're pushing 7% of unemployment and some pess- imists unfortunately are saying- that we might hit 10% within the next three or four months. Now under these dire circumstances, and there is no other word to classify our economic plight at this point, we in government really have a respon- sibility to do everything we can to help the economic picture for the working man. Now one of the things that we can do is to accelerate public works programs that we have already designed or that are under way or that will be implemented. If they are to be implemented eight months from now we start them in three months. If they are going to be started 6 months from now let's start them in two months. And to do that I think we're going to have to do an ordinary thing. We're going to have to move quicker, weir going to have to cut through red tape, we're going to have to get right on it. And therefore, I think it is very impor:ant that you pay very careful attention because we're talking about the bread and butter that's going on the table of many working people in this community of ours. And I think we ought to cooperate with the Coordinating Council of Dade County with the reso- lution that is going to be offered, indicate the City's intent to move forward as expiditiously as possible to implement public works and capital improvement projects within the City of Miami in an effort to counter the high rate of un- employment and depressed construction industry. I might say that this has the backing of every major media, that the President of the Miami Herald, the Miami News, Channel 7, 4, and 10 and 6, everybody in the economic picture, the labor unions, anybody who is concerned about this economic condition very strongly sup- port this. And I would like to urge you to pass this resolution with vigor. COORDINATG COUNCIL OF DADE COUNTY-EitPEDITE CAPITAL IMPROVEMENT g PROJECTS TO BOOST EMPLOYMENT AND CURB CURRENT ECONOMIC DECLINE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1263 A RESOLUTION INDICATING THE CITY'S INTENT TO MOVE FOR- WARD AS EXPEDITIOUSLY AS POSSIBLE TO IMPLEMENT PUBLIC WORKS AND CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY OF MIAMI IN AN EFFORT TO COUNTER THE HIGH RATE OF UN- EMPLOYMENT AND DEPRESSED CONSTRUCTION INDUSTRY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NORS: Mon*. 24 NOV 211974 7 10, APPOINTMENT OF NEW MEMBERS TO THE PLANNING ADVISORY BOARD AND INCLUDING ALTERNATES) ZONING BOARD 14_?yor Ferre: Mr. Andrews, as I understand there are two openings in Zoning and two openings in Planning, one alternate in each. Now is there an opening for two years or three years, or how does it work? Mr. David Simpson: The two regular board members on each board will be appointed fdr a'three treat. term. The one alternate for each board will be appointed for a one year tens.. Mayor Ferre: What is the will of the Commission? I think the best way to do it is to just put down your choices and see if anybody gets a majority. Mrs. Gordon: Mr. Simpson, if,/ understand correctly the intent of the ordinances that were passed when the Charter changes were developed there was a desire and a need for people who had qualifications which would give them a background for the kind of work they would have to do on these boards. And therefore they were asked to submit their resumes. We received these resumes but they're not in our folders. So therefore, you or someone else can reiterate the backgrounds and resumes of the applicants so that we may be made fully aware of who we're voting for at this time. Mayor Ferre: Mrs. Gordon, I will not accept that on this basis: This information was submitted on November 14th. I personally have read each and every narle, I have read every resume and know it exactly well. I know who has the qualificat- ions in my opinion and who doesn't. And I think we cannot take the time of this Commission to do our homework right here. Mrs. Gordon: Mr. Mayor, I beg to differ with you. The public record should state the qualifications of the people we're appointing because we have been severly criticized in the past and I don't want us to be criticized again. Otherwise I'm taking no exception with your procedure other than the public record should so state. Mayor Ferre: I will submit into the public record the application and name ac was given to us on November 14, 15 it was received in my office, of every person that wants to apply and let this become a part of the record. I think we've all received it. We've had more than a week to study it and I'm ready to vote. Now the procedure will be as follows and I will submit these into the record. The procedure will be as follows? You will put, if you would please, start with Zoning,and put Zoning and then Planning, if you would. And you pur your choices 1, 2 and your alternate and the same thing down the bottom and we'll see if any- body gets a majority. Mrs. Gordon: Mr. Mayor, you may or you may not like to know that way that we did it before but we had a complete tally of all the names and we were each furnished with a tally and we just marked the names with the names of those that we preferred and the one that received the majority of the votes. Mayor Ferre: Same thing. You want to do it that way? Mrs. Gordon: Well, i+ si"plifics it in my opinion. Mayor Ferre: Do we have a tally sheet? All you have to do is take the memorandum.. Mrs. Gordon: You can either specify planning Board Zoning Board or not specify either and they would fall into eithr category. Mayor Ferre: In my opinion it is absolutely the same whether you do it one way or the other the results; you've got the memorandum. If you would just have that memorandum photostated, will you please, get about a dozen copies and we will Mrs. Gordon: There were three or more names, I'm not sure of persons that were not electors. They should be eliminated from the memorandum and from the ballot. Mr. Lloyd: We will xerok the copies scratching out the inelgibles. I think there are one or two or three. They have to be registered voters and there is, I think a couple of names on the letter who are not registered voters that have to be scratched. I have specified those in the memorandum. So what we'll do so there is no mistake is we will scratch them before we Xerox them. It will take about 1 minute. 2i NOV 211974 N • Mayor Perrot: I think the thing to do is to just put a Zoning permanent on two spots, Planning permanent on tiro and Zoning alternate on one and Planning alternate on the other. You've got the sheet in your book in Item #7 just so.. Mr. Plunger: Ate you saying that we each put two for the Zoning and an alternate? Mayor Ferte: That's right. That's wh�.t is open. TWo for the Planning. have your dheet under Item 7 if you'll just pull it out. Let the record reflect that the Chair is submitting to the Clerk all of the names and backgrounds of all the individuals that have applied. Thereupon the City Consnission selected the following persons to fill the vacancies: POSITION Zoning Board Zoning Board Planning Advisory Board Planning Advisory Board NAME Gloria M. Basile Alice S. Baro Cyril Smith Mary Ellen Lichtenstein Alternate, Planning Advisory Board William R. Rolle Alternate, Zoning Board Mildred B. Callahan You NUMBER OF VOTES 5 3 4 4 3 3 NOTE: Resolutions 1308, 1309 and 1310 were adopted later in the meeting making the appointments to the respective boards. See items 72, 73 and 74. 11, PRESENTATION BY EDWARD DURRELL STONE AND ASSOCIATES BICENTENNIAL PARK Mr. Edward D. Stone, Jr.: Mr. Mayor and members of the Commission, we're here today to respond to those suggestons and instructions that were given to us at our last meeting on the Bay Front Park and we'll be as brief as we possibly can. To briefly recall Mayor Ferre: I would like to before you proceed, is there anybody, I see Dr. Stokes is here, is there anybody other than Dr. Stokes who wants to be heard from the public on these items? Anybody else? We're going to be talking about Bi-Centennial Park. All right. Mr. Stone: I've just handed out a list of the proposed activities for the var- ious areas in the park. On the far side is the original illustrative plan of the Bi- Centennial Park that was previously approved and on the board closest to me are some of the suggestions that have been made by both the Commission and now subsequently by ourselves., They include the playfields which are outlined. They show both soccer and softball can be accomodated in that large meadow area. It came to our attention in the intervening time that at a recent, that in Miami, particularly in Coconut Grove there was some 350 bicyclists that turned out for a race and some seven thousand spectators. It appears that this would be an oppor- tunity, if it pleases the Commission, to provide an organized focus for literally thousands of bicyclists that are now in south Florida. Tzi.s would have lot only local but regional implications should the Commission endorse the notion of a Velladrome, so-called, a bicycle racing facility. Dave has a perspective which we'll show you there. We have had these large bermed areas and it would be simply a matter of adding some paved surface to that should it be the pleasure of the Com- mission to have that. Failing that we can leave it out. The Commission suggested that we have a bike rental facility which has been included in the main entrance area. We also have a brief sketch of that. I'm sorry that we can't display these so the audience could see them. This would be built into the back side of the main entrance wall. Mayor Ferre: Ed, I've noticed, for example in places like New York City and some of the parks in Europe that the people who ride bicycles don't go on the 26 NOV 211974 • • same paths as the people who are walking around and I think that is very import- ant. Mr. Stone: We have a totally separated system, Mr. Mayor. By the way, in the City of Mew York on each Sunday the entire roadway network within the city is closed off and is used exclusively by bicyclists. Apparently there is almost a geometric progression in the number of people using bicycles both for personal transportation and for recreation. The other suggestion that was made by the Commission is that we add an active restaurant facility, a minor area. It is located at that promontory with a fronting on a plaza. It would offer both the opportunity of indoor eating, outdoor dining under trellis and dining in full sun. It would also be able to serve the picnic area to the north there and would also have the potential of being the point of distribution for the mobile carts that we have suggested. The one item that the Commission suggested which we felt was probably...illustrates a very quick notion of what that would be like. It would be kind of a focal point for that portion of the park. It would be the point of embarkation for the water borne transportation system and I think has a potential of being a very exciting urban space. This would illustrate a view from the out- door portion of the dining area under the trellis looking out towards the bay. That is the outside dining viewed from the way. Mayor Ferra: Would you put those drawings down there so that we can see some of them? You see where those empty ser,ts are, just put there up against that, just some of them so that we can see the variety of what you're planning. Put the other one up here, Dave. I personally really think that this would make all the difference in the world in that park if we can get this type of people human activity moving in and out with bicycle paths and I know this is a differ- ent approach to it but I sure hope that we Mrs. Gordon: Mr. Stone, could I have the Mayor's permission to talk to you? Mayor Ferre: Please. Mrs. Gordon: I have to ask for permission. How does this line up with the plan that this Commission approved originally, I believe in 1972? How does it differ and how is it similar? Mr. Stone: The basic plan is fundamentally identical. The only additions that we've made at the suggestion of this Commission are the addition of a food ser- vice facility which had originally been in the F.E.C. property to the south since that is no longer available to us we do feel, and I think that it is appropriate that there be a small restaurant in the north end. The only other additions have been our suggestion of a Velladrome which is essentially a paved surface. It is super elevated to accomodate bicycles and some modifications of the meadow to per- mit the use of it for active recreation. Those are the only realy modifications, Mrs. Gordon. Mrs. Gordon: Mr. Stone, in the F.E.C. property which we don't have property to yet what facilities were you either Mr. Stone: We had originally proposed a whole series of water oriented activities in the F.E.C. property . Mayor Ferre: Ed, let me ask you this on that. Would this do any harm to that other if we're to acquire the F.E.C. property, would this do any disservice to that? Mr. Stone: Absolutely not at all, Mr. Mayor. Mayor Ferre: Would it be compatible? Mr. Stone: Totally compatible. As you can see, the F.E.C. property was a series of lagoons and off shore islands and primarily for providing sheltered boating areas within the property. Mayor Ferre: Now as our advisor and designer of this, would you recommend that we do something like this? Mrs. Gordon: Can I ask another question? Mayor Ferre: After he answers this one. Mr. Stone: Yes, sir Mr. Mayor. 2'7 NOV 21 ' 97 • Mrs. Gordon: Mr. Stone, on the photograph on the left where the dock is located...four lettering down, what does that say? It is too far for me to read it frot hefe. Mr. Stone: Port overlook, Mrs. Gordon. Mrs. Gordon: Port overlook, well is that the same thing you have on the center here, Port Overlook? Meaning an active play area? Mr. Stone: Yes, ma'am. No. it is actually, since we've had the good fortune to get this fill that is actually kind of a climbing feature about 35 feet in the air which provides vistas down over the Port of Miami out the Government Cut and will be the highest point in the park. Mrs. Gordon: Just tell me this one thing that I'm not sure of and I want to be sure. In your original plan, did you have play fields? Mr. Stone; We had described them, there were large open meadows which we called a recreation meadow and that was to accomodate informal sports activities both for people in the downtown, visitors to the park and'for the Miami Dade group. The only thing that has been done in this most recent plan is to slightly modi- fy it so that if a regulation football or soccer field was required it could be there. Mrs. Gordon: How much acreage is being utilized in that particular portion for that particular activity? I'm trying to determine if since we have a smaller park area to start with than we had expected, are we taking it and using it just for a ball field now, more or less? Mr. Stone: No. I use the parallel like Hyde Park in London or Central Park in New York. There is a place called the Sheep Meadow in the original Central Park design that is exactly that. It is surrounded by trees. It is a very handsome pastoral area. But they also on Sundays they have touch football games and this sort of thing. It is used for recreation but it is visibly not a ball diamond. Mrs. Gordon: There is not going to be bleachers and things •)f that sort. Mr. Stone: No, ma'am. Mrs. Gordon: And it wouldn't interfere with those who want passive recreation. Is that it? Mr. Stone: That is precisely so, Mrs. Gordon. Mrs. Gordon: The picnicers won't be interferred with by the ball players. Mr. Stone; That is correct. Mayor Ferre: Paul, I noticed that up in the corner he's got a design of green and all of that. Now we don't own that land yet. We've got to get that from the state so you'd better getting working on that. Mr. Andrews: The state had agreed some time ago that we could use this as a part of the park. There are arrangements that were made.. Mayor Ferre: Is that in writing so that some governor in the future won't change his mind on it? Mr. Andrews: Yes, and Mr. Mayor, I want to point out that as far as these play fields are concerned they are informal. There would be no locker facilities or no extensive washing facilities. There would be regular washroom facilities for the public to attend but it is not that formalized. Mayor Ferre: Well, we want to keep them informal. Mrs. Gordon: Well, if it were formal I would be very much opposed to it because we would have a stadium and I don't think that is the place for a stadium. Mr. Andrews: That's right. Mr. Stone: I completely agree with that. Mayor Ferre: Now Ed, I noticed that in the middle you seem to have of the Velladrome; what are those, tennis courts? NOV 211974 • a Mt. Stone: 'Whose could be hard surfaced court areas if it were the pleasure of the Commission. It could be, we could accomodate tennis, basketball, volley ball, any of the court gams if it were the pleasure of this Commis- Siont, Mayor Ferre: I think that that is something that we can look into later on once we've,.. Let's leave that for future and see how this comes out. If this ie the will of the Commission and then we can decide later on whether we want courts in there Mrs. Gordon: Would there be a place where the restaurant location is for the docking of boats? Mr. Stones Yes, Ma'am. That is illustrated in one of the sketches. We see this as the terminal facility at the north end of Bayfront Park for the water borne transportation system so that would add again life and activity to that plaza and restaurant. Mrs. Gordon: How big a restaurant facility is that supposed to be? I mean that isn't another Miamarina. Mr. Stone: No, ma'am. It is not in our budget. It is a small food service facility limited menu... Mrs. Gordon: Fast service type of thing? Mr. Stone: Yes, exactly. Mrs. Gordon: Just so somebody could have a snack. Mr. Stone; Exactly. Mrs. Gordon: Ok, now another important consideration, Mr. Andrews. With the barges that I have been asking you to inquire from San Antonio, have you been able to compile the information so that this Commission can consider that as part of this park improvement system so that people could get on a barge at that point and travel through the bay area and to the adjacent park areas and down to the lower end of the park? Mr. Andrews: Yes, ma'am. In fact, the staff is working on a proposal right now without defining in too much detail precisely what it is that we're trying to accomplish so there is some freedom of expression as far as the proposals we might receive. We're going to put together a proposal that we're going to sub- mit to the Commission before we put it out for proposals to be received and it would cover somewhat a tract like this. This was drawn, I think originally for a greater transportation than might be provided through barges because you do cover quite a large area of the city. Mrs. Gordon: Well it is more the scenic operation than a fast means of travel which I don't think a fast means of travel is necessary there. Mr. Andrews: Well then to supplement that we will also explore as we move through this project the potentiality of the faster transportation which would supplement that. The two are different and should be kept separate. Mrs. Gordon: The one has nothing to do with the other. I'm personally inter- ested in the aspect of the tourists and the view and the attraction of the en- tire area from that point of view. Mayor Ferre: All right. Is there anything else you want to add to this? Mr. Stone: No. I would like to reconfirm to the Commission that we are in a position if it is the Commission's pleasure to proceed and to have the park complete, in our estimate, in fourteen months barring Mayor Ferre: You mean have it complete, open? Mr. Stone: Ready for use in 14 months. Mrs. Gordon: How soon would you get started? Right away? Mr. Stone: Well, if it is the pleasure of the Commission and they think we're on the right track we have an existing contract which we're prepared to go to • 29 Nov 20974 i • work on. We discussed oiith the City Manager's Office and with Parks and Public Works this notion of multiple contracts in order to save time and we propose to go out for bid with earth work in about thirty days if it is the pleasure of the CorMission. Mr. Andrews: Now Mr. Mayor and members of the Commission, let's discuss that for a moment because we're not talking about a 4.2 million dollar project as you see it before you and I have a resolution prepared which the City Attorney has assisted in to authorize, to accept the preliminary plan and authorize Mr. Stone to go ahead and proceed. There is one more matter that we will bring to the Commission at a later date if it is necessary and that is Mr. Stone's fee was based on a three million collar project initially at a $175,000 fee. Now that calculates out at about 5% of cost of construction. If we should go to the full 4.2 million dollars then it will be necessary to come back and adjust Mr. Stone's fee based on contracts. But I don't want to go too far in having you adopt something at this time. We'll wait and see as we proceed through these contracts we'll come back to you for fee adjustment if it is necessary. Mrs. Gordon: I want to say, Nr. Mayor, that I believe that before we adopt this plan we should have a public hearing because this is a plan that the pub- lic would be very vitally interested in knowing what we're approving and I think you ought to schedule a public hearing for the next Commission Meeting on this plan. Mr. Andrews: Mrs. Gordon, this plan resembles the plan that was originally talked about that you might wish to do that. I feel comfortable that we fol- lowed closely the plan that the Commission had originally laid out except for the restaurant relocation and some o:' these additional features which people can use. Mrs. Gordon: Have you any objection to a public hearing? Mr. Andrews: No, ma'am. I'm just thinking in terms of time. Mrs. Gordon: You're talking about December 2 that's the next meeting. You know nobody is more anxious than :: am but I'm anxious to know that the people know what we're doing. Mayor Ferre: I think that is appropriate. No, I would hope that we would vote to tell him to proceed and we may have to stop you December 2 but I would hope not. In the meantime I think we have Dr. Stokes who is here and doctor, I think you want to address us. Mr. Plummer: I have a question to ask of Mr. Stone. Mr. Mayor, I was approached by a group and Mr. Stone, I'm just throwing this out for food for thought. Have you ever been in Mobile and seen the battleship Alabama? Mr. Stone: I've seen not, I've been to the battleship, the memorial in Honolulu. I have not been to mobile, sir. Mr. Plummer: Alright. Well, they have made a very nice thing out of that in Alabama. Have you seen it, Paul? Mr. Andrews: NO. Mr. Plummer: Alright, really what they did, they put the battleship there first and built the park around it, well not around it but to the side. Now I've been approached by a group here locally who feel without question that they can get a like facility here for a tourist attraction. Now my question then would be based along what you call at the bottom there, slip #3 would it be appropriate, would it fit into the picture, would it be completely out of kelter, what would your think- ing be along those lines? Mr. Andrews: Excuse me just a minute now. We don't have control over that area any more. That was deeded back to and our agreement ended with the F.E.C. and that is back under their control. Mr. Plummer: Paul, I just hate to see if it was the thought of the Commission that this could be a development thing which could be, you know it is not a private money making organization. As a matter of fact, I'll put on the record who it is. It is the Navy League of Miami. They have entrees to possibly ac- quiring. Now the only thing that a fee would be charged for would be maintenance 30 NOV 211974 of the vessel and that is it. But I would hate to see this thing go by the board which 1 feel would be a drawing or could be a drawing to this area. Mayor Ferre: Alright, S.L., let me tell you where the place might be for something like that. You see slip #3... Mr. Plummer: Weil that's what I was just asking and he said we don't Mr. Stone: Mr. Mayor, let me just if I may interrupt for one second.... Mr. Plummer: Mr. Stone, that would not be appropriate an3 I would vote against it sir because I think then that would block the view to the water. Mayor Ferre: J.L., I'll tell you, have you ever been on that battleship? Mr. Plumper: Yes. Mayor Ferre: My kids love it. I thought it was a horror to see all of that grey massive steel there. To me that was a horrible thing. Mr. Plummer: Mr. Mayor, I just thought you know that it is something that could be utilized and I do feel if we can recall Paul, what was the old boat that used to be down at Bayfront Park? Valdemar was a drawing card to the Bayfront Park area and that likewise could be a drawing card. I only throw it out for thought. Mayor Ferre: But the Prinz Valdmar, and I went to see it as a kid. I remember I must have been six or seven years old. It had an aquarium inside. Do you remember that? Mr. Plummer: Oh yes. They also at one time had a restaurant in there. Mayor Ferre: That's right. Mr. Stone: Mr. Mayor and Commissioner, we do have that north end of the bayfront is designated as an area for visiting vessels. We had hoped that we would get the eagle and the Coast Guard's four masted scooner,occasionally visiting war ships would come in and conduct tours much as they do now in Port Everglades. I don't know Mr. Plummer: Mr. Stone, do me this favor. Would you contact Mr. Walter Cronise through Channel 10, he is the President of the Navy League. Ask him for more particulars and see whether or not it would be compatible and if you can recom- mend. Mr. Stone: Very good sir. Mrs. Gordon: May I move for a public hearing on December 2nd on this issue? Mayor Ferre: Alright, Dr. Stokes, you wanted to be heard. Dr.Stokes: Thank you, Mr. Mayor and members of the Commission. I just wanted to make a few brief comments because I'm real concerned that these parks be for people. That is my major concern and I'm sure that is your concern and I just wanted to make a few comments. I think it is so essential or important that we set aside some space in this park for the kinds of activities that I've been hearing you talk about this morning. We've been during the past 18 months we've been throughout the residential area of the City of Miami trying to find out what the people really want and what they really need and how we can work with them very closely. There are many kinds of recreational activities, art, music, drama, so many things that can be provided with certain segments of this park set aside for those kinds of activities. I would like to talk with Mr. Stone and talk with some of the Commissioners about some of these things. Mr. Sieger has been working for the past two years trying to find out what the cit- izens really need. Mrs. Gordon: Would you come on the second of December and let the other people hear the comments you have to make? Dr. Stokes: Be tickled to death because I think we need this. This park is for people and Mrs. Gordon: I'll move it that way that we have a public hearing and the people come and speak to it. 31 NOV 211974 i Dt, Stokes: And I just feel that this park is like the heart of a human being y it is sort of the heart of our city and the downtown is sort of the heart of our connunity. I be:.ieve we need to bring some people down there and set aside.... I thank you and I feel that we are only limited by two things and that's our courage to do it and our imagination. There are things being done for senior citizens in many cities and there are things being done for middle aged people in many cities. Mrs. Gordon: There is no question. We want to move this as fast as we can but we want everyone to say they had a chance to see it before we did this. I move for a December 2nd public hearing. The preceding Motion was introduced by Mrs. Gordon, Seconded by Mr. Plummer and passed and adopted unanimously. Mrs. Gordon: Mr. Stone, I asked you to consider the redevelopment of the bandshell and you didn't speak to that at all. Would you mention that now? Mr. Stone: Certainly. We would recommend... You had suggested, Mrs. Gordon that we consider it for a possible use as a restaurant. Mrs. Gordon: I really was interested in removing the benches and beautifying the area. Mr. Stone: We frankly feel that the restaurant, outdoor dining location that we suggested originally is a most appropriate for about 4 reasons. (1) It is on the water. Mrs. Gordon: What are we talking about now? Mayor Ferre: i completely subscribe to that. Mrs. Gordon: That's in the future, right? That's not for now. Mr. Stone: Yes, ma'am. This was Mrs. Gordon: We're talking about something to do with that area now. It is an ugly site. Mr. Stone: I think bulldozing, I think that is really my suggestion. Mrs. Gordon: Put a bulldozer on it and then what? Mr. Stone: Relandscape it. Mayor Ferre: Put some nice green trees there. Mrs. Gordon: You don't think it is a good place, a passive place to put some tables and chairs and let people relax? Mayor Ferre: It couldn't be worse. Mr. Stone: I really don't, Mrs. Gordon. It is in the middle of the park. I think if you were going to develop that sort of facility I think it would be best developed at the water's edge where you could get an opportunity to look out over the waterway. Mayor Ferre: Not only thatb but could you imagine the unique beauty of this thing so that people as they're hearing beautiful music are up overlooking Biscayne Bay? I mean I think this is the logical place to put it. I have nothing to do with it, I might point out. This was done by Edward Durrell Stone and was his original idea and I think it is great and it is a logical place. You've got parking in that area Mrs. Gordon: Show me again where you're talking about. Mr. Stone: This was the original plan, Mrs. Gordon, approved by the prior Commission. Mrs. Gordon: Isn't that where the Miamarina is now? Mr. Stone: The Miamarina Restaurant is on the right here. Mrs. Gordon: Why would you need another restaurant next to it? 32 NOV 211971 Mr. Stone: We were proposing that that be an outdoor dining extension served by the same facility. Mrs. Gordon: Oh, there is nothing wrong with that. Mr. Stone: And the bandshell would be relocated in this area with an amphi- theater behind it with a mounded earthen berme so that people could sit and look out at the musicians or at the performers and out across the bay. Mrs. Gordon: Since we're talking of park in►provements, what is our time schedule on doing that? Mr. Stone: We have no instructions from the Commission on that. Mrs. Gordon: Mr. Andrews, what is your thinking on that? Mr. Andrews: This, of course, is dependent on the City Commission's feelings about continued acquisition of the F.E. C. property. The moneys to do that are being held in reservation with reference to the acquisition of that property. Mrs. Gordon: Well how much money are we talking about when we're talking about outdoor areas in conjunction With the restaurant that is there? We're not talk- ing a whole lot. Mr. Andrews: I would suggest that we May I suggest that we have Mr. Stone without getting too involved in a final plan at least give us some idea of the cost of each one of these elements that we would adjust and then you can make some decisions. If you wanted to go along with one element you could. Mayor Ferre: In other words what we're talking about is bulldozing the, here is what you have to look into - bulldoze the existing bandshell then designing an extension of a terrace thing and a bandshell in that location we're talking about. Mr. Stone: Very good, sir. Mr. Plummer: But the bulldozing afterwards. Mayor Ferre: Afterwards, sure. Mr. Plummer: You've got concerts that are still going on there twice a week. Mayor Ferre: Sure. Ok, now Mr. Andrews, you have something else you want to talk about. Mr. Andrews: Yes, very pertinent to this matter is the question of the fill problem for the F.E.C. and I've asked Mr. Lloyd to set, to give the Commission information as to why this is needed and then when he is finished I want to indicate to the Commission that we do have 80,000 yards of material on the port site that could be used to assist in resolving this problem. That if left in place could be used in a park but it would bring the park elevation to a higher elevation than already planned by Mr. Stone. Mayor Ferre: Let me tell you what my concern is. The F.E.C. is out there filling like gangbusters. 80,000 yards is a drop in the bucket. I'll make you a bet they're going to need three or four hundred thousand yards. Mr. Andrews: Not that much, Mr. Mayor anymore. We've got some pretty good information now. Perhaps you should hear all of the factors before you come to a conclusion. Mayor Ferre: Let me tell you the second thing I want to tell you. If Stone does what he said there is a very ugly cul-de-sac there which gets all of these dead coconuts and trash and junk and they have some bags that are horrible, those cement bags or something that was filled and it is like a rip rap thing and that is just a grimy, dirty, filthy place and we've got to get rid of that and you're going to need some fill for that. Mr. Andrews: Yes. Well hear all of this out, Mr. Mayor and then you can come to some conclusions. But you'd better hear all of the factors. Mr. Lloyd: First let me say that I think we should hear perhaps besides from me from Mr. Crouch. We worked together on this. First, we refer naturally, 33 NOV 1 1974 VERBATIMSIirl DISCUSIN CONNECTION WITH AGENDA ITEM 22 FOR CITY COMMISSION MEETING HELD ON NOVEMBER 21, 1974, Mayor Ferre: Take up item 22, City Manager recommends. Mr. Lloyd, City Attorney: I would like to explain the situation involving item 22 which is a contract between the City and George Kunde and Associates and Madigan -Praeger Inc. Approximately 3 weeks ago, the City of Miami was sued by the firm designated as the second in line for consideration, Carr -Smith and Associates. In an attempt to declare the entity of George Kunde and Associates and Madigan Praeger Inc. which was submitted to this Commission of a non -certified entity pursuant to the laws of Florida. Mr. Jack Rice upon invitation from the City of Miami intervened on behalf of George Kunde and Associates and Madigan- Praeger Inc. in the case. There was a motion for a temporary injunction to prevent this City Commission today from considering this resolution. Yesterday, our department and Mr. Rice acting together prevented the issuance of this temporary injunction and there is nothing to prevent the City Commission from entertaining this resolution today. Now the lawsuit has not been ended. The final hearing is scheduled for sometime in the future, however, there is nothing inappropriate or legally wrong or legally preventing the City Commission from passing a resolution today approving the contract of George Kunde and Associates and Madigan -Praeger Inc. Now there is one ramification involving the actual corporate name of Madigan -Praeger Inc. which I suggest that Mr. Rice can explain to you which is the reason for the type of resolution we have presented to the Commission. I would like to have the Commission hear from Mr. Rice on this if you will please. Mayor Ferre: All right. Mr. Rice - Mr. Jack Rice, Attorney at Law: This application or proposal submitted by Kunde and Associates and submitted individually by him to the City for this important work. Also Madigan -Praeger who is in fact a wholly owned subsidiary of U.R.S. Systems Inc, a California Corporation submitted it's application for the consulting services also. The qualifier for this type of work was Madigan -Praeger Inc. as reflected in their application. At the last meeting where the firms were selected, one, two, three, somehow in the interposing of the resolution by the Commission, the name was Kunde and Associates(inaudible word) Inc., which was reflected that it was a corporation. This must have been done through error because the application was submitted as Kunde and Associates Inc. Also the name of U.R.S.-Madigan Praeger Inc. when the actual qualifier was Madigan -Praeger Inc. under the proposal as submitted to the City. In addition at that time, Kunde and Associates and Madigan -Praeger Inc. stipulated that they would have a joint venture and therefore it should have been Kunde and Associates Inc. and Madigan -Praeger Inc. What this resolution does is clearly set forth the name. It also corrects the motion which was previously made to properly set forth the names and is in line with the evidence that was submitted to the City when they were submitting their applications to the City for the consulting services. Mayor Ferre: .All right, now - Mr. Rice: Of course you know that this litigation that took place I believe it was the 21st, when was that? Whatever it was, a few days ago. They raised all the issues at that temporary injunctive hearing that they are going to raise in the final hearing. When they lost that temporary injunctive hearing, I think it pretty much lays the groundwork for the final hearing in this cause. I can see very little if any, new or additional testimony or evidence at that hearing. Mayor Ferre: Now ladies and gentlemen, I want you to listen to this for a moment. I happen to be one of the people that did not vote for this successful combination. I voted for the others. Therefore, I think I could say in all good conscience and I say that very advisedly that we have got to get on with this project. • sr I think it is essential that we move on this. I think it is in►portant that we just get on and get this matter moving. Now there has been some implication by rulers on people that t have a certain amount of respect, that there might be or there might have been some wrong doing involved but not involving Kunde because nobody, I have not heard that. Now if that is the case, that is not a matter for the City Commission to get involved in, that is a matter for the grand jury to get involved in and that is somebody elses problem and this is something that has to be taken directly to the grand jury. Otherwise, we cannot be making judgements here based on anything other than what I think is correct and appropriate and I, didn't vote for George Kunde and therefore, and I am publically saying that it is time for us to move on and I am for this. I am for this contract being completed in time for us to get going on a project that is long overdue. Mr. Plummer: Mr. Mayor, I appreciate that but you know there is a very conspicuous absence on page 7. Mayor Ferre: Of what? Mr. Plummer: How much is it going to cost? Mr. Andrews, City Manager: $157,000. $80,000 of this 157,000 is for the development of the general improvement plan. Now you recall before I explain the rest of this, you will recall that one of my concerns was that we design this contract, that we notify all the participants early enough, as we did, that the City was not prepared to get the usual kind of preliminary plan; that we were talking about 15 million dollars worth of work at 7%. That becomes a million dollars worth of engineering, arch- itectural fees that we would have to pay. Architects and Engineers vary from 20% to 50% of their total fee involved in a preliminary plan. That would have meant that some $200,000 to $500,000 might have gone into some kind of a preliminary plan and I just couldn't see that happening to the City because we had pretty well defined the kind of improvements that we wanted to so we went through this process of the agreement very carefully working out the kind of general plan that needs to be brought back to the City Commission for the total improvement and that plan would cost $80,000 rather than the higher figure I was talking about. There is an additional approximate $77,000 that is needed to completely structurally assess the existing structures so that any of the improvements that we provide will have that kind of backing that there is no question that we can go ahead with these adjustments. This even gets down to the need to X-Ray some of the columns and the footings and examining the joyce. It means using testing techniques to make sure that the structure is sound. If it is not sound, we will receive recommendations as to what needs to be replaced. The total contract is $157,000. Now after the general plan is developed and is accepted by everyone if as an example, the Commission, the users, the City Administration all in agreement that escalators are the first thing that we should build or that theend zones should be constructed, then that would be a separate contract and separate plans with separate specifications would be developed for that and there would be a fee assessed against that construction based on standard architectural engineering curves for the computation of the work. Mr. Plummer: Are you recommending that? Mr. Andrews: Yes I am. Mr. Rice: Mr. Kunde has advised me that $157,000 is the correct figure. Mr. Andrews: and the way I have described it? Mr. Rice: I assume that it is correct, he hasn't told me otherwise and further, I would like to tell the Mayor that we know of nothing of any impropriety as far as this matter is concerned. Mayor Ferre: All t-am saying is that those people that feel that way have a natural recourse and that is out in the open and going to the Grand Jury where something like that belongs period. That is all 1 am saying. It's not within the purview of this Commission b get involved and I am glad I have the opportunity as being the one who did not vote for the successful bidder to make that statement. Okay now, is there anything else to be discussed here? The manager recommends. Is there a motion? Mr. Lloyd: Now if you pass this, this is a resolution before you, a resolution authorizing and directing the City Manager to enter into an agreement with Runde and Associates Inc., and Madigan -Praeger Inc. as a joint venture for professional consulting engineering services for proposed improvements at the Orange Bowl Stadium and amending motion no 74-633 designating Kunde and Associates Inc., and Madigan -Praeger Inc. as being the first selected consulting engineering firms as a joint venture for said orange bowl improvements pursuant to their submitted qualifications. Inaudible word. Mr. Lloyd: That is in the contract, that is correct. Mayor Ferre: All right, is there a motion? Does anybody move this? Rev. Gibson: Mr. Mayor, I want to say that this company was not my choice. I had another choice. I wish they were the people who got it but since they weren't, my eyes were wide open, I you know and I didn't even know there was the skullduggery that you are talking about. I am going to offer it. I just think we ought to get on with the business. It really just irks me that we are still fooling around. The next time, I hope my man will win. Mayor Ferre: All right, there is a motion. Is there a second to the motion? Mr. Reboso: I second. Mayor Ferre: Vice Mayor Reboso seconds the motion. Is there further discussion on the motion? If not call the roll please. Mr. Southern: City Clerk: That is with the figure of $157,000? Mayor Ferre: And with all the statements that the manager made as part of parcel of the motion. Call the roll. Mrs. Gordon: With the recommendation of the Manager and the Law Department. Mayor Ferre: The law department doesn't get involved in recommending contracts. All they can tell you if its legal or illegal. Mr. Lloyd: That is all I am saying. Mr. Southern: Reverend Gibson? Rev. Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Mayor Ferre? Mayor Ferro; ¥es. Take up item 23. of course; we've just passed out a memorandum which explains everything. We consulted with William Simmons, attorney for the P.E.C. and suggested the possib- ility of the sale of fill. According to Mr. Grimm who worked on this we do have approximately 80,000 yards of excess fill. Now the situation is this: That the railroad contends they need approximately 200,000 yards more of fill. They will accept the 80,000 yards of fill. Now we have also found out that their claim is... Mayor Ferre: John, I'm going to stop you. I can see that this is going to be a fifteen minute discussion. We've had people 'waiting here for an hour for presentations, Judy Chernoff and other wonderful people of our community that I don't think we should impose upon them to sit and wait. So if Mr. Stone would kindly remain we will come back to all this in a while. N 12, PROCLAMATIONS. PLAQUES. CERTIFICATES OF APPRECIATION ETC. a. Presentation to Mr. David Cerf, Secretary of Miami-Bayside Kiwanis Club. of a proclamation of "Kev Club Week". b. Presentation of Proclamation to Mr. Martin Ex, President, Southwest Coconut Grove Chapter of Senior Citizens "Be Kind to Your Heart Month". c. Presentation of commendation to Mrs. Judy Chernoff, for her 17 years work with the National Conference of Christians and Jews. d. Presentation of proclamation to Mr. Eloy Vazquez for "Dia del Libro Espanol". e. Recognition of Michael Copeland, an outstanding student from North- western who is interning in the Law Department. f. Introduction of participants in the "YOUTH IN GOVERNMENT SEMINAR", •.. ENTER INTO AGREEMENT TO PROVIDE FOR THE N• 13, SALE OF FILL BY THE CITY OF JIIAMI TO THE FEC RAILWAY COMPANY ze Mr. Andrews: We need to continue the discussion with reference to the fill erection. Mayor Ferre: Mr. Stone. Mr. Andrews: But perhaps you'd better hear how Mr. Lloyd and then hear from Mr. Crouch before we get to Mr. Stone who can advise you that this can or cannot be accomplished. Mr. Lloyd: May it please the Mayor and the Commissioners, relative to the F.E.C. fill case, of course, we originally acquired a temporary injunction as I. notified you which was later dissolved by subsequent appellate court order. The matter is currently on certiorari within the supreme court but the railroad has been allowed to fill the property and are currently engaged in filling operations. As I have previously informed you where there is a temporary injunction which has later been dissolved, the plaintiff who has acquired the temporary injunction may be required to pay appropriate damages suffered by the defendant in such a proceding if there are such. The F.E.C. is claiming three areas of damages (1) an increased cost for them to acquire the fill which they now cannot get from Dade County and (2) attorneys fees and legal costs and (3) although this is a bare possibility, the possibility of some damages due to a delay in a lease agreement between them- selves and T.M.T. which now currently conducts operations on their property. In an effort to mitigate damages it had been suggested by Mr. Simmons, attorney for the F.E.C. that the City, if the City's fill at the City's Old Port Site was in excess of what was needed, they would be willing to acquire this fill from us and we could take credit with the amount of fills sold to them by us toward mitigating possible damages which could arise because of an increased cost of fill. The memo explains exactly what the story is. They will require approximately 200,000 yards of fill. However, we have found from the County from Mr. Lunette and Admiral Waldron of the County that they would only have been entitled under the contract with the county to approximately 80,000 cubic yards of fill. I think the exact figure Mayor Ferre: That is the key. We should have started off with that. It would have solved.... Mr. Andrews: But there is more to it than all of that. %. 34 NOV 211974 • Mayor Ferret Go ahead, but that is the key. Mr. Lloyds No. We have approximately 80,000 yards of fill in excess which we can sell to them. Mayor Ferre: Ok, now that changes everything. Mr. Andrews: We can sell it to them, Mr. Mayor. Mayor Ferre: Yes, but are we going to sell it to them at the same price that Lunette was going to sell it to them? Mr. Andrews: Getting it from the county. Mayor Ferre: Yes, but that is a longer drive. We ought to get a nickle more. Mr. Lloyd: Mr. Crouch can explain that to you. Mr. Andrews: He did a good job of... Mayor Ferre: Negotiating. You're doing horse trading here. Mr. Lloyd: Mr. Crouch did an excellent job. Mr. Crouch: Marks Brothers who was the contractors for the F.E.C. was purchasing the fill at 500 per cubic yard from the county. The cost of hauling and the cost of their placement, the cost of traffic control and everything else came to the point to where deducting the cost now of handling which is estimated to be 810 per cubic yard from the City's fill site, spoil site to the F.E.C. property, the F.E.C. is willing to pay us $1.2831 per cubic yard for the fill that they receive from the City of Miami at the rate of 79,576 cubic yards which is what we estimate to be, or we feel is the amount that they could have gotten under the contract with the county.. This means that $102,103.97 Mayor Ferre: Well we can put that to use in the park. Mr. Andrews: Yes. There is a light liability to this that Mr. Lloyd should ex- plain that comes off the top of this. Mr. Lloyd: Off the top is $25,000 to cover out of pocket costs to the railroad by virtue of the entry of the injunction which they demand, the costs being legal fees and other expenses involved to which they would be legally entitled to in the subsequent damage proceding. Now this is up to the Commission. Mayor Ferre: Well look, we're the ones that went out and sued them and now that we've lost I understand.... Mr. Lloyd: Also let me explain this. If by some chance of fate we subsequently win the fill case why then we will not be liable. Mayor Ferre: Well wait a minute, I thought this whole thing went to the supreme court. Mr. Lloyd: It is in the Supreme Court now. We have lost below in the District Court of Appeals the the F.E.C. has been allowed by the court to fill the case so I must tell you that our chances of ultimately winning the case are very slim but I have kept the possibility open to protect the City. Now the other thing that I must tell you about is that this transaction mitigates damages. It doesn't completely release the City from all possible damages that could be incurred. Mayor Ferre: Now wait a moment. Now that bothers me. We're not about to give them this and do this great thing to solve their problem and then all of a sud- den find out - I think we ought to get a waiver of any further damages from them if we're going to do it. Mr. Lloyd: I have discussed this at length with Mr. Simmons. He will not give us a waiver of all damages. Mayor Ferre: Oh come one. Then we're not going to get into a situation where we proceed and get their chestnuts; actually they're not their chestnuts they're our chestnuts, out out of the fire and find out that he turns around and sues us for a million dollars. 30 NOV 211974 Mr. Lloyd: Well, this is what I wanted to bring before the Commission so that the Commission had an optortunity to respond. Mayor Ferre: I would be petfectly willing, and this is just one voice on this Coem:ission, to approve this on the premise that they waive any further rights of coning against the City for anything else on this particular item. I think we should do that. Mr. Andrews: It is my recommendation the?: you do that and that Mr. Lloyd make that offer to the F.E.C. to sit the rest of it all aside. INAUDIBLE Mayor Ferre: Twice that. That's not the point. The point is this: Beverly, in my opinion I think Metro and the Port Authority made a bad bad deal. What they did was they took this fill that tha Corps of Engineers is dumping out there in Dodge Island and they sold it at 50C, mind you, a yard. Of course, the F.E.C. railroad contracted to buy and they have a contract for 80,000 yards which is one heck of a fine deal for them and it is unfortunate, really. If you hadn't have done that they would have had to pay two dollars a yard. Now we've got nothing against Mr. Ball except that if you'd gotten a buck fifty we'd have been a lot happier. But be that as it may it has happened and all we're doing now is trying to save the situation. Ok, anything else? Mr. Lloyd: We have a resolution prepared if you wish to pass it. You under- stand what we're voting on now so we don't get... Rose, you understand what we're going to vote on now, right? So we don't have to go repeating this now. Mrs. Gordon: We're not relieving ourselves of any liability by this action? Mayor Ferre: No. What we're saying is that we're going to vote for it on the premise that if they accept this they can not sue us any further. That is it. I'll vote against it if it doesn't have that provision in it. Mrs. Gordon: Mr. Lloyd just said the opposite. Mr. Lloyd: I'll do whatever the Commission directs me to do. If you wish to do it that way all we need is a motion declaring the intent of the Commission. Mayor Ferre: Mr. Lloyd, I will repeat my statement and the manager agrees with me. I will not vote for anything to turn over 80,000 cubic yards of material to the F.E.C. unless they agree that they will not come after the City of Miami for any further liabilities and it has to be conditional on that. You put that in your thing. Mr. Lloyd: All right, sir. Fine. Mrs. Gordon: Mr. Lloyd, it seems also since you have not had firm word yet on this case that we're jumping the gun. Mr. Lloyd: That is another matter. I can explain that but I think that point is moved because as I understand if the intent of the Commission is the same of the Mayor why I'll relay that back to the F.E.C. but I can explain this other. They have their permit to fill from the Army Corps of Engineers expires on December 31st. So time is of the essence. Mayor Ferre: Well to them but let me understand this. As I understand this from the F.E.C. they are going to do it come hell or high water whether they have to haul it in from Hialeah or anyplace. Now the point is if we don't do this then they're going to sue the City of Miami for the difference of the con- tract. They had a contract for 80,000 yards at these prices. Mrs. Gordon: I think that is stupid. That doesn't mean they're going to win. Mayor Ferre: They've taken it to the supreme court and won. Mrs. Gordon: We're in the supreme court too and we haven't had an action out of them yet. I'm not going to vote for the motion anyway... Mayor Ferre: Fine. Alright, then right. Your action will cost this firs. Gordon: Well I heard you say haven't come true either. I'll tell you what, City $200,000. Let millions of dollars I think Rose Gordon is it happen. on other items that 36 NOV 211974 i to Mayor Ferre: Pine, then as far as I'M concerned it is a dead issue. Let it cat the dity of Miami whatever Mr. Plunner: Wait a minute now! Let her speak her piece and let's put it to A vote. There is still five of us up here. Mayor Ferret She doesn't understand Mr. Plummer: Well if she doesn't understand.... Mrs. Gordon: Mr. Mayor, you have a right to your opinion. Mr. Plummer: You're entitled to yours, she's entitled to hers, let's put it to a vote. She's assuming. Where is the motion? Let's go. What are you waiting for? Mr. Lloyd: Well the resolution I had prepared is as follows - Mrs. Gordon: Will you reiterate please before you move that resolution? You have not had the definite word on the suit from the supreme court. Is that correct? Mr. Lloyd: May I explain it, please? The temporary injunction was entered by judge Nathan when he was a circuit judge. It was later, he was reversed and the temporary injunction was dissolved by a decision of the District Court of Appeals. Now, that is a court of final jurisdiction with the exception subject to review by the supreme court. We filed a petition for writ of certiorari in the Supreme Court. We have heard nothing from the Supreme Court on the resolut- ion of that petition for certiorari. However, the Supreme Court by order allowed the F.E.C. to fill by cancelling the automatic stay which is built into a timely taken petition for writ of certiorari. So I must say to the Commission that that gives me a clear hint as to what they are ultimately going to do with our petit- ion. Otherwise, why would they allow the F.E.C. to continue filling? I mean to say I cannot give you a final answer but I must tell you that. Mayor Ferre: And in six weeks it will be a mood question anyway. Mr. Lloyd: This is correct. Mr. Andrews: Mr. Mayor and the Commission, from the action that you're contem- plating taking this is the least possible risk for the City if we can carry it off because we'll be paid for the fill and yet hopefully will set aside any other litigation in the process. Mayor Ferre: Mr. Andrews, do you recommend this? Mr. Andrews: Yes. Mayor Ferre: Does it make sense to you? Mr. Andrews: Yes, it does. Mayor Ferre: In your opinion how much money will it save the City of Miami? Mr. Andrews: Well, I don't know. That is a question Mr. Lloyd would have to answer. Mr. Lloyd: Well, we can figure out exactly how much it save on the fill. It is 8813 cents per cubic yard times 80,000. Mrs. Gordon: Well what will it do to the price of the land if and when con- demnation is completed or have we wiped that out? Is that a lost cause too, Mr. Lloyd? Mr. Lloyd: No. That is another issue in the condemnation and we have specifically preserved that issue by our pleadings before the Supreme Court with respect to that. Mrs. Gordon: And by evaluating the cost of filled land against the possible additional cost as you're claiming there may be if we don't sell them the fill there is no comparison, is there? Mr. Lloyd; No. That's apples and oranges, with all due respect. 3`r NOV 211974 i • Mrs. Gordon: t'n: recognizing the apples and the oranges but 1 also recognize that there are two points of view to be considered. Mr. Lloyd: But we're talking about bwo different cases. Mrs. Gordon: But that pertains to the same piece of land. Right? Mr. Lloyd: The same piece of land but waht to explain is that in the condemnation act if we are successful in that we have preserved our right to contest the issue regarding whether or not the land ha:s been increased in value by the F.E.C.'s fill, if we have to pay for tthat. We contend that their action in filling it after the condemnation commences, even if it increases the value of the land that we don't have to pay for that in the condemnation, that increased value. So that is a separate issue entirely and this settlement has nothing to do with that issue is what I'm trying to explain. Mr. Plummer: Mr. Andrews, is this fill of 80,000 yards declared by you as ex- cess? Mr. Andrews: Yes, it is. Mr. Plummer: If in fact we were to develop the park which we're now proposing do I understand correctly that 80,000 yards would have to be hauled off by the City if it was not to be used by the F.E.C.? Mr. Andrews: That was one alternative. Mr. Stone to change the grades and raise in the information he has supplied us as it is one that I don't favor because I'm so forth. The other alternative was to instruct the park higher than he had planned to far as the grading is concerned. And concerned about viewing the water and Mayor Ferre: hills in there and how are you going to police that? You're going to have to have a policeman everytime there is a berme. Mrs. Gordon: Mr. Andreww, you're saying again, you're reiterating there is no place on our City of Miami property to place this fill. Mr. Andrews: 0h yes there is, ma'am. We could take this fill and place it in that area, the lower end of the park that we're talking about but we can acquire that same fill at that same cost from the dredging operation that's going on so this is really a savings if we can achieve it for the City. It is an exchange of the cost. We could take that same amount of money if we didn't want to use it in that park and say we'll designate that money to be used as fill material for the Bayfront Park area. Mayor Ferre: That is the whole point. Look, this is a very simple item. We have a legal responsibility evidently to the F.E.C. Railroad to replace what was taken away from them due to our action. Now I'm a lawyer. Now Mr. Lloyd, our attorneys tell us and you say it on the record, that in his opinion if we go to court the odds are that we're not going to make because we were responsible for the lawsuit. They had damages because of our lawsuit. They have a right to claim whatever the damages are. Mr. Lloyd: Legally, we are responsible for damages. The amount of damages is only determined by factual proof. Mayor Ferre: All right, if in fact and you've said on the record, if in fact they had a contract to buy fill for 500 at the port, if in fact of the lawsuit they lost that and if in fact that was 80,000 yards that we have available that we can sell, if in fact we deny them that then they can go sue us for the dif- ference between what they have to pay to haul it in from Hialeah or wherever it is that they're hauling and what they could get it from us or what they had in the contract. As I understand the difference is 880 for 80,000 yards. It hap- pens to be what? Sixty or seventy thousand dollars. Now, I'm perfectly willing to take our chances but I think logic is against it. Mr. Lloyd: Now then, what this will do if you pass this resolution the way we axe preparing it as I understand it, it will mitigate the damages up to 80,000 yards of fill. Now from all we can determine we have the absolute word of the County both orally and in writing that that is all the fill that the F.E.C. could have gotten from the County under that contract. Now the F.E.C. is going to try to contend that they could have gotten more but we have the word of the County that they could not have so that the proof would be in that fashion. 38 NOV 211974 • • j! Now the only other possible area of damages, we will be completely released from all damages with respect to legal expenses. That will be a complete release.` The only other possible area which is highly speculative, in my opinion, could be a possible damage incurred by virtue of loss of time between I think July llth and October 22nd or somithing of that nature when there was a possiblity of a lease agreement between TNT and the FEC Railroad which is highly speculative. Mrs. Gordon: But you said that you would include in the resolution that we be relieved of that ea well, we be relieved of any... Mr. Lloyd: Well, if you wish me to include that in the resolution we will in- clude it. Mrs. Gordon: All kinds and every kind of possible liabilities. Mr. Lloyd: Ok. Mrs. Gordon: Then if they don't agree then the deal is off. Mr. Lloyd: Now the resolution, perhaps instead of just reading the title I would like to read both Section 1 and Section 2 of the resolution to make sure that we're clearly understood because of the fact that we're doing it the way we're doing it. There are a number of Whereas Clauses in there which explain it but it is simply repetitive of what is in your memo which I have submitted to you which I will not read. But Section 1 after the appropriate resolving clause: The City Manager and the City Clerk of the City of Miami are hereby authorized to enter into an agreenent without the admission of liability in the case of City of Miami vs. Florida East Coast Railway Co., Circuit Court case no. 74-18560 providing for the sale of fill by the City of Miami for the Florida Eastcoast Railway Co. on the following terms and conditions: The City of Miami shall sell to the Florida Eastcoast Railway Co 79,576 cubic yards of fill at the price of 1.2831 per cubic yard. Said price to be adjusted upward or downward depending upon whether the cost of loading and moving fill and inspectors fees is more or less than 81per cubic yard based upon the lowest bid of no less than three responsible contractors. Said fill to come from the Old City Port Property. The amount of payment for fill required shall be re- duced for the sum of $25,000 to cover out of pocket costs of the Railsay prop- erty including legal fees and expenses involved in the court procedures. The City of Miami shall be released of all liability as to damages, legal expenses and court costs to the railway as the result of the case of the City of Miami vs. Florid East Coast Railway Co. including Circuit Court case No. including any and all appeals and petitions in said case; The City of Miami in entering into the agreement does not admit liability. That is what you instructed me to prepare. Mayor Ferre: What is the will of the Commission? Mr. Lloyd: Now there is one other thing. I will have to present this to William Simmons and to see whether the railroad will accept it with that last clause in there. If not why then they will not come to the agreement. I will do that and I will do that this afternoon or as soon as this Commission Meeting is ended on time. Mrs. Gordon: You also said if we were successful in the condemnation we would not be charged at the rate of filled land. Mr. Lloyd: We will not hve to pay an increased cost to the F.E.C. by virtue of their having filled the alnd. Mrs. Gordon: That's what I said. You said it in different words. Ok. That is exactly right. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1264 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT, WITHOUT ADMISSION OF LIABILITY, IN THE CASE OF CITY OF MIAMI VS. FLORIDA EAST COAST RAILWAY COMPANY, CIRCUIT COURT CASE NUMBER 74-18560, PROVIDING FOR THE SALE OF FILL 8Y THE 3ti NOV 211974 CITY of MIAMI TO TME FLORIDA EAST COAST RAMSAY COMPANY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: All right, ladies and gentlemen, do we have anything else with Mr. Edward Durrell Stone, Jr.? If not let n6. make a resume because things happen kind of quickly around here sometimes. As I understand it you have made your presentation. There is no conclusion today. We will have a public hearing on December 2nd wherein this will all be discussed one more time before the public and we have, I assume, sufficient time to publicise for a public hearing. Is that correct? A11 right. Then after that t lope you will proceed. I hope. Now the second you have been instructed to do is look into the possibility of filling in that triangular cul-de-sac next to the Miamarina for the purposes of putting up an extended level restaurant and a bandshell and eventually tearing down the existing bandshell and come back with both preliminary design and you can't without spending too much money and a rough cost estimate for discussion. Mr. Stone: Very good, sir. *. ACCEPT COMBED WORK 1110 t,* lc d NEATER -PLANER PAVING PROJECT - 1974 The following resolution was introduced by Commissioner P1uer who moved its adoption: RESOLUTION NO. 74-74-1265 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY UNIVERSAL ROAD PLANER CORP. AT A TOTAL COST OF $96,763.88; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PAY UNIVERSAL ROAD PLANER CORP. A BALANCE OF $30,841.91 AS FULL AND FINAL PAYMENT FOR THE HEATER -PLANER PAVING PROJECT - 1974. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ACCEPT COMPLETED WORK 15, S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369- DRAINAGE The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1266 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY STONE PAVING COMPANY AT A TOTAL COST OF $96,032.67; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PAY STONE PAVING COMPANY A BALANCE OF $10,356.59 AS FULL AND FINAL PAYMENT FOR THE S.W. 22 STREET HIGHWAY IMROVEMENT H-4369 (DRAINAGE) IN S.W. 22 STREET HIGHWAY IMPROVE- MENT H-4369 (DRAINAGE) IN S.W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT H-4369 (DRAINAGE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 41 NOV 211974 ORDERING RESOLUTION 16' EOM SANITARY_ SEWER IMPROVEMENT SR-5402-C. AND The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1267 A RESOLUTION ORDERING FASHION SANITARY SEWER IMPROVE- MENT SR-5402-C (centerline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS FASHION SANITARY SEWER IMPROVEMENT DISTRICT SR-5402-C (center- line sewer); AND ALLOCATING THE AMOUNT OF $500.00 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" TO COVER THE COST OF PRELIMINARY EXPENSES FOR SUCH IMPROVEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Mdnolo Reboso Mayor Maurice A. Ferre NOES: None. ACCEPT HIGHWAY RIGHT OF WAY DEED 17, FROM FLORIDA NATIONAL BANK AND TRUST COMPANY TRIP E.0 2 AYE, The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-74-1268 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY THE FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI CONVEYING FOR HIGHWAY WIDENING A 10-FOOT STRIP OF LAND ALONG THE EAST SIDE OF NORTHEAST SECOND AVENUE RUNNING'SOUTH FROM THE CORNER OF NORTHEAST FIRST STREET; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and ow file in the Office of the City Clerk) • Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 42 • • ACCEPT EIGHT RIGHT OF WAY DEEDS OE DEDICATION 1$, smirk ?mow 1JNT SANITARY SEWER I MPROVEMENI The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1269 A RESOLUTION ACCEPTING EIGHT HIGHWAY RIGHT OF WAY DEEDS OF DEDICATION, CONVEYING TO THE CITY OF MIAMI FOR THE SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT, STRIPS OF LAND ALONG THE WEST SIDE OF NORTHWEST SECOND AVENUE BETWEEN NORTHWEST 67TH AND NORTHWEST 71ST STREETS, AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon. Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 19, ALLOCATE $150,000 FROM HIGHWAY BOND FUND TO COVER COST OF MATERIALS USED IN MAINTAINING PAVEMENT AT STREET INTERSECTIONS • The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1270 A RESOLUTION ALLOCATING THE AMOUNT OF $150,000.00 FROM THE 1IIGRJTAY BOND FUND TO COVER THE COST OF MATERIALS USED IN MAINTAINING THE PAVEMENT AT STREET INTERSECTIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 43 NOV 211974 -17 N 0 OBJECTING 'ING TO 'REDUCTION OF ANY FEDERAL GRANT FUNDS FOR 20. CONSTRUCTION ,OF LOCAL AAN I tARY JEWER PROJECTS The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1271 A RESOLUTION OBJECTING TO ANY REDUCTION OF FEDERAL GRANT FUNDS FOR THE CONSTRUCTION OF LOCAL SANITARY SEWER PROJECTS AND REQUESTING RELEASE OF IMPOUNDED SANITARY SEWER FEDERAL GRANT FUNDS; AND REQUESTING A REVISION OF THE FEDERAL REGULATIONS TO COMPLY WITH SECTION 101 (f) PL 92-500 TO REDUCE THE PAPER WORK, MANPOWER, DUPLICATION AND DELAYS IN ACCOMPLISHING THE NATIONAL GOALS FOR POLLUTION CONTROL, AND REQUESTING THE EARLY RELEASE OF FEDERAL SEWER CONSTRUCTION FUNDS IN ORDER TO PROVIDE MORE JOBS TO BOLSTER OUR SAGGING ECONOMY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 21, ACCEPT COVENANT -PUBLIC ALLEY BLOCK 100S AMENDED PLAT d�RY ERICKF I 'S AOOITION CB-i i 3) The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1272 A RESOLUTION ACCEPTING FROM 1000 BRICKELL, INC. A COVENANT TO RUN WITH THE LAND, DATED SEPTEMBER 5, 1974, RELATING TO THE INSTALLATION OF AN ELECTRICAL CONDUIT SYSTEM THROUGH, ACROSS, ALONG, AND UNDER THE SURFACE OF A PUBLIC ALLEY IN BLOCK 100S, AMENDED PLAT MARY BRICKELL'S ADDITION (B-113) AND SAID COVENANT BEING MADE A PART HEREOF; AND DIRECTING THE PROPERTY MANAGER OF THE CITY OF MIAMI TO RECORD SUBJECT COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 44 NOV 21 1974 Imo 414 0 22. MEP' R ND CHA39 OF THE CITY CODE PROHIBIT _ GLASS BOTTLES IN THE ORANGEBOWL- .ITAI)tUM _ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI TO INCLUDE A NEW SECTION PROHIBITING THE CARRY- ING OF GLASS BOTTLES AND METAL CONTAINERS BY PATRONS INTO ANY CITY+'OWNED STADIUM. Was introduced by Commissioner Gibson and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AMEND GENERAL APPROPRIATIONS ORDINANCE- REAPPROPRIATING 23. $5,000 FROM PUBLICITY DEPARTMENT BUDGET TO COVER COST nF CITY CONVENTION MOVIE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE GENERAL APPROPRIATIONS ORDINANCE OF THE CITY OF MIAMI FOR THE FISCAL YEAR 1974-75 BY RE - appropriating $5,000 FROM THE PUBLICITY DEPARTMENT FUND BALANCE FROM THE 1973-74 BUDGET TO COVER THE COST FOR COMPLETION OF A CITY CONVENTION MOVIE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 45 f!Ott 2 1 1974 • • AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH 24, KUNDE & ASSOCIATES INC-URS MADIGAN-PRAEGER, INC FOR prHypsiDDHAL PQNSUULTING _SERVICE, ,QN, ORANS 8(+1L :IMP.ROVEMEJVTS, The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1273 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KUNDE AND ASSOCIATES, INC. AND MADIGAN-PRAEGER. INC., AS A JOINT VENTURE, FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES FOR THE PROPOSED IMPROVEMENTS AT THE ORANGE BOWL STADIUM AND AMENDING MOTION NUMBER 74-633 DESIGNATING KUNDE AND ASSOCIATES, INC. AND MADIGAN-PRAEGER, INC. AS BEING THE FIRST SELECTED CONSULTING ENGINEERING FIRMS AS A JOINT VENTURE FOR SAID ORANGE BOWL IMPROVEMENTS, PURSUANT TO THEIR SUBMITTED QUALIFICATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manoloo Reboso Mayor Maurice A. Ferre NOES: None. AUTHORIZE MANAGER TO NEGOTIATE WITH GREENLEAF-TELESCA, 25, OPPENHEIMER, ROSS & ASSOCIATES PROFESSIONAL SERVICES TO CONVERT INCINERATOR IN COCONUT The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1274 A RESOLUTION DESIGNATING THE FIRMS OF HARRY, OPPENHEIMER, ROSS 6 ASSOCIATES; GREENLEAF-TELESCA; AND CONNELL ASSOCIATES, INCORPORATED, IN THE ORDER OF PREFERENCE, AS THE THREE CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR NEGOTIATION OF A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES FOR CONVERTING THE COCONUT GROVE INCINERATOR PROPERTY INTO A PARK FACILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 46 NOV 1974 • 26, APPOINT A i'1O'AE MEMBERS o!, ON ECOLOGY _ & BEAUTIFICATION • The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1275 A RESOLUTION APPOINTING JASPER 0. ANDRE TO THE CITY OF MIAMI ECOLOGY AND BEAUTIFICATION COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: ' Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. APPOINTING ADDITIONAL MEMBERS 27' GFNERAL CULTURAL HISPANIC COMMITTEE The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1276 A RESOLUTION APPOINTING FOURTEEN (14) PERSONS TO THE GENERAL CULTURAL HISPANIC COMMITTEE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 47 NOV 211974 a 28APPROVE ONE YEAR EXTENSION OF EMPLOYMEPIT NAJJAR. EpAntmENT OF PUBLIC PROjERT.1 S The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1277 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT BEYOND THE MANDATORY RETIREMENT AGE OF SEVENTY (70) YEARS FOR WILLIAM NAJJAR, CUSTODIAN I, DEPARTMENT OF PUBLIC PROPERTIES FROM SEPTEMBER 25, 1974 TO SEPTEMBER 25, 1975, WITH THE PROVISION THAT IN THE EVENT OF A ROLL -BACK OR LAYOFF, MR. NAJJAR, RATHER THAN A JUNIOR EMPLOYEE, WOULD•BE AFFECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: ` Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 28, AUTHORIZE ISSUANCE OF PERMITS FOR AMUSEMENT RIDES 6T . PETER AND PAUL RECTORY DEC . 6.7. 8, 1974 The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1278 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO STS. PETER AND PAUL FOR AMUSEMENT RIDES ON THE CHURCH AND SCHOOL GROUNDS LOCATED AT 900 SOUTHWEST 26th ROAD IN CONJUNCTION WITH THEIR ANNUAL FESTIVAL ON DECEMBER 6th, 7th, AND 8th, 1974, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here . and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 48 • 64 4.. AUTHORIZE ISSUANCE OF PERMITS FOR AMUSEMENT RIDES f SL It H E1 THE.ARCHANGEL CHURCH. N0V 2$1,9•3Oj..1974 The following resolution Was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1279 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. MICHAEL, THE ARCHANGEL CHURCH, FOR AMUSEMENT RIDES AT 2987 WEST FLAGLER STREET ON NOVEMBER 28, 29, 30 AND DECEMBER 1, 1974, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 31, RATIFY ACTION OF CITY MANAGER FOR EMERGENCY PURCHASE REPAIR PARTS FOR AMERICAIt LAFRANCE 1250 GPM PUMPER FIRE DEFT. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1280 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING AN EMERGENCY PURCHASE OF REPAIR PARTS FOR AN AMERICAN LaFRANCE 1250 GPM PUMPER IN THE AMOUNT OF $1,771.89 FOR USE BY THE FIRE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 49 NOV 211974 • N 0 11, RATIFY ACTION OF CITY MANAGER FOR EMERGENCY PURCHASE gRAWAMEAPPARATUS.FIRE DEPT. The following resolution was introduced by Commissioner Gibson who Moved its adoption: RESOLUTION NO. 74-1281 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING AN EMERGENCY PURCHASE OF REPAIR PARTS FOR A SEAdRAVE FIRE APPARATUS IN THE AMOUNT OF $2,291.68 FOR USE BY THE FIRE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso. Mayor Maurice A. Ferre NOES: None. 33, RATIFY ACTION OF CITY MANAGER FOR EMERGENCY PURCHASE 400' NO. 750 MCM COPPER WIRE FOR THE ORANGE Bows The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1282 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING AN EMERGENCY PURCHASE OF 400 FEET OF NO. 750 MCM COPPER WIRE THW IN THE AMOUNT OF $1,962.06 FOR USE AT THE ORANGE BOWL TO INSURE THAT PROPER LIGHTING WAS CONSTANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Terre NOES: None. 50 NOV 211974 TERMINATE LEASE FOR DINNER KEY AUDITORIUM-EFFEcTYVE DEC,1 LEE: , GEORGE J. MACLEAN a The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1283 A RESOLUTION AUTHOPIZING AND DIRECTING THE CITY MANAGER, PURSUANT TO A LETTER OF REQUEST FROM THE LESSEE, TO TERMINATE, EFFECTIVE DECEMBER 1, 1974, THE AGREEMENT FOR LEASING DINNER KEY EXPOSITION HALL INCLUDING CONCESSION STANDS, RESTAURANT AND BAR, WHICH WAS EXECUTED BETWEEN THE CITY OF MIAMI AND GEORGE J. MACLEAN ON NOVEMBER 21, 1969, WAS EXTENDED ON MARCH 31, 1973, AND WOULD NORMALLY EXPIRE ON NOVEMBER 30, 1975; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ASSUME FULL RESPONSIBILITY AND•AUTHORITY OVER OPERATION AND MANAGEMENT OF THE ENTIRE DINNER KEY AUDITORIUM PREMISES EFFECTIVE DECEMBER 1, 1974. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. FIRST READING ORDINANCE 35' RELOCATION OF PRINT SHOP TO A SECTION OF MU KEY AUDITORIUM AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8316 (THE APPROPRIATION ORDINANCE FOR THE 1974-75 BUDGET), CANCELLING $25,000.00 OF UNALLOCATED GENERAL FUNDS SCHEDULED FOR USE IN FISCAL YEAR 1974-75 BY THE DIVISION OF PROPERTY MAINTENANCE FOR SPECIAL WORK ON PARKS AND RECREATION BUILDINGS THROUGHOUT THE CITY; REALLOCATING SAID $25,000.00 FOR THE RENOVATION OF A SECTION OF THE DINNER KEY AUDITORIUM BUILDING FOR THE RELOCATION AND REMOVAL OF THE PRINT SHOP FACILITIES; PROVIDING AN EFFECTIVE DATE. • ills Introduced by -Commissioner Piuucner and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOBS: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 51 NOV 211974 ORDINMCE REPEAL* ORDIi4ANCE 7831 & 7882 ES t_itHiNd cHteK 700 CASHING SERVICES COUNTY ORDINANCES TAKE PRECEDENCE AN ORDI A CE t TtTTLE- AN ORDINANCE REPEALING ORDIANCES NO. 7881 and NO. 7882 WHEREIN "CHECK CASHING SERVICES" WERE ESTABLISHED; PROVIDING FOR THEIR DELETION FROM THE CODE OF THE CITY OF MIAMI; REPEALING ALL ORDINANCES, OR ,'ARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ACCEPT BID 37, MOTOR POOL REPLACEMENT VEH LCLES- DEPT. OF PUBLIC PROPERTIES The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1285 A RESOLUTION ACCEPTING THE BIDS RECEIVED OCTOBER 17, 1974 FOR MOTOR POOL REPLACEMENT VEHICLES IN THE TOTAL AMOUNT OF $631,209.60 AS FOLLOWS: COLONIAL DODGE, INC. IN THE AMOUNT OF $357,047.60; TALLY•EMBRY FORD IN THE AMOUNT OF $218,029.25; G.M.C. TRUCK AND COACH IN THE AMOUNT OF $44,224.00; KENYON SALES DISTRIBUTORS IN THE AMOUNT OF $7,700.00; P. T. GARRETT IN THE AMOUNT OF $3,410.75; AND BISCAYNE FIRE EQUIPMENT IN THE AMOUNT OF $798,00; AND AUTHORIZING THECITY 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 Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ;DOES: None. 56 NOV 21974 PROPOSAL BY MAYOR FERRE ENCOURAGING EMPLOYEES TO PARTICIPATE 38. IN SMALL GIFT FOR DISTRIBUTION TO THE UNFORTUNATE AT TREE LIGHTING CEREMONY IN DECEMBEA Mayor Ferre: I think we are rather under difficult times now and Christmas is coming up. We are going to have lighting process. J.L. I want you to hear this. I think when we light up that Christmas tree we ought to have a very, very nice major ceremony - make that a major event for the City of Miami. What I would like to do - I would like to recommend and we can't force anybody to do this, btt request from the employeeF. of the City of Miami, to buy a one dollar gift, which is not much to ask for, and place it where we like - take it with them to the lighting ceremony; some may not be able to go; they can send it with their friends or leave it with their Department heads, and I would like to see all these little gifts there distributed to people who may not have the good fortune to have anything for Christmas, and anyone who wants to be more generous than'that, fine; but I think that if all of the employees in the City came up with a one dollar and just gift wrapped it, and placed it at the foot of the lihting ceremony, we could make that a major event and show a little concern for those who are less --- Mrs. Gordon: Where would that be? Mayor Ferre: We have a yearly lighting ceremony. We light the Christmas tree right in front of Flagler Street. Mrs. Gordon: You mean downtown: Mayor Ferre: I look at it this way Rose, a lot of people for example who are eight years and are not Christians, but whether you are a Christian or an atheist, or what have you, it is an opportunity to participate in an event where the concept is peace and love, and I think aside from the religious connotation of it, it is an opportunity especially for these depressed times, for the employees of the City of Miami - we can't force them, but if they want to, each one of them can give a one dollar token gift, wrap it up and it can be distributed amongst the people Mrs. Gordon: I think there are more Mayor Ferre: for Tots" program Mrs. Gordon: to do; but I want what Maybe we can consider purchasing food and feeding them. hungry people now than there were before. You see the thing that Frank is bringing out is "Toys You have an idea to be generous and it is a good thing is the best thing to do. Mayor Ferre: If you want to take a basket of food, or a turkey, that's fine, but you can't ask the employees to give more than what they are willing to give, and I am just saying it is a gesture of the employees of the City of Miami to those who are less fortunate, and I would say a dollar would be the minimum - if you want to give more, fine. Mr. Plummer: I would like to make a suggestion. Why don't you have if the Mayor wants to do it this way, and I concur -- why don't you try to get QDe of the local High Schools to provide their choral groups for the event. I think what you can do in this to do, in what you are suggesting, you can take these gifts and through the United Fund, have them be the distributing agencya as this can be most helpful. Mayor Ferre: You know, it would be a nice gesture to have 2,000 gifts dur.ng this Christmas. It is a token thing - we recognize it. We have over 3,500 employees and it would be nice to do something like that. Mr. Plummer: One of the best things I ever got involved in and the hardest I think I ever worked, was the Christmas that my Elks Club supplied the food for the Brothers of the Good Shepherd on Christmas Day when they fed 1,500 people. It might be within order as Mrs. Gordon said that we take and bring canned goods, or something of that nature, which could be given to the Brothers of the Good Shepherd, so they could feed these 1500 people. 53 NOV 211974 Mrs. Gordon: I would like to feed the people - I know it is hard times. Mayor Ferre: Here is the point that I am making. On December 22nd, there is a major program going on sponsored by the U.S. Marine Corps and others, it is called "Toys for Tots." Now at Bayfront Auditorium there will be hot food for 5,000 underprivileged children. Mrs. Gordon: How about the old people Maurice? They are awfully pitiful - they are really pitiful. Let's do something together for them. Let us do a part of it, and they do a part of it. Like J.L. just said. I like your idea. Mayor Ferre: As far as I am concerned, it is a very simple thing. Just asking employees to participate and it is "Toys for Tots" on December 22nd, and I thought it would be a nice gesture for the City to become involved in that for the underprivileged children. If you don't like that, then don't do anything. Do you want to do something or not? It happens to be a tradition - this is Christimas time, A lot of kids that don't have these advantages - the U.S. Marine Corps does all the work; it is an organized thing. They are going to have food for 5,000 kids. I know that there are 50,000 senior citizens who need hot food, but we can't covet the world in all this. Well, I think what we ought to do pass a Resolution instructing the Manager to organize this project. If you want to take food, take fcod. I think it would be the best morale booster to have everybody working for the needy during Christmas time and let it all culminate December 22nd for the lighting of the tree and the whole thing - "Toys for Tots" down there at the auditorium. Mr. Andrews: Why don't you have someone sponsor a motion to that effect for the record. Father Gibson moves it; Plummer seconds it. Further discussion - call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 74-1286 A MOTION INSTRUCTING THE CITY MANAGER TO MAKE ALL NECESSARY PREPARATIONS TO ENCOURAGE ALL CITY OF MIAMI EMPLOYEES TO PURCHASE A ONE DOLLAR OR MORE GIFT TO BE DISTRIBUTED TO THE UNFORTUNATES AT A TREE LIGHTING CEREMONY TO BE HELD AT A LATER DATE. Upon being seconded by Commissioner Plummer, the motion' was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 54 N (1V 211974 • tau itSCU STON_ ITEM. 39, BID AWARD TO FIR( ON= MOTOR POOL REPLACEMENT VEHICLES. SEE ITEM 37 FOR ACTUAL AWARD - DISCUSSION ONLY Mayor Ferret There was an item we went over very quickly and 1 forgot to bring it out. I am talking about Item #36. Mr. Manager, if we are going to spend $631,000. to buy some equipment - I understand we are buying it St. Petersburg, now Father Gibson is continually making statements which I completely concur with - now this is a community that has very serious needs, why should we go to St. Petersburg to help somebody in St. Pete to buy equipment, when that same equipment is available in this community? Mr. Andrews: Well, it represents in just the vehicles almost $16,000. savings. Mr. Plummer: That's a damn good reason. Mr. Andrews: What we did Mr. Mayor, after we received the bid, we compared the bids with the County and the State bids, and we found out the State bids for vehicles was around $200. per vehicle less. If it were $25. or $50., you might entertain it, but when it amounts to $200. per vehicle, and the number of vehicles involved, amounting to $16,000, I just couldn't in good conscience cover it. Mayor Ferre: Are you sure there is an actual saving of $16,000? How about dragging this equipment over? Mr. Andrews: That's delivered here in Miami. It is the same way when I took delivery on ambulances. The local dealer backed up the services. Mayor Ferre: Well, I will tell you - I'll stand on my vote, but I wish you would do some soul-searching and looking around to see if there is any way to give this to some local supplier. We are going out and spend $600,000 in tax- payers' money from Miami to spend it in St. Petersburg - it just bothers me. Mr. Andrews: I don't know if we can legally and we better. before you leave the subject, discuss this with the City Attorney. If I would have the latitude under these circumstances to ask the low bidder, because he is local, if he wants to match this bid - if I can legally do that, then we could make' that offer to him, and we won't teel badly that we had to go to St. Petersburg. Mrs. Gordon: Is that a legal thing to do? Mr. Lloyd is that a legal thing to do? Mr. Lloyd: There is nothing wrong with his asking and negotiating, and then we will take it up from there. Let's go ahead and ask him. The problem is - we have sealed bids - you've had a bidding procedure, and your liable to involve yourself in a lawsuit with your lowest bidder. Of course, you can cancel them all; you can discard all bids. Mr. Andrews: The only reason that I would think that there would be room to approach this is that one of the bids that we are accepting was a publicly open bid and we knew what that bid was months ago. That's a State bid. WE have accepted a State bid rather than a local bidder because the local bidder was approximately $200. per unit higher than the State bid. Mr. Plummer: Was the local bidder aware of the State bid, when he bid? Mr. Andrews: The only thing I can do is make further inquiry and if it looks like there is a possibility of doing something, I would like to have your permission ---- Mayor Ferre: Mr. Andrews, I think it is very important to get all these local bidders together and explain, so that we don't have any bickering here, going outside the City of Miami to get bids when there are a lot of people locally that can do it. So I would just explain to them that by law we have to go to the low bidder, and I leave it in your hands. Nov 2i 1974 - D O N 4U. OFRCERTIFICATEROFCPUBLICUCONVEENIENCE FORA ADDED JITNEYSE b AND PROTESTING ILLEGAL PRESENT OPERATION OF JITNEY 3ERVICE IN THE CITY Mayor Ferre: He has requested to be heard today. He has a series of his associates that ate here and want to be heard. Claude Rolfe: We are concerned about next week's paycheck. Now you have awarded Mr. Pino a Permit for jitney service from here to Hialeah. Right here in Dade County, in the City of Miami, you have a problem of 300 to 400 illegal jitneys already running the streets (inaudible) I am afraid that if you let a lot of these jitneys out, we will have to start some of our men (inaudible) Mr. Plummer: Claude, can I stop you for a moment. The City Attorney has a point to speak to what you are saying before you go any further - let him make his point. Mr. Lloyd: The Certificate of Public Convenience and Necessity Mr. Rolfe has not been awarded yet. What the Commission has done was to instruct the City Attorney and the City Manager to get together to prepare the Certificate. We have not yet completed the preparation of the Certificate for submission to the Commission because the applicant has not yet furnished us with all of the required information, so that is the pot we are now, if that is any news to you. Mr. Rolfe: (Inaudible) the Public Service Commission has given the same bit of news with only a different name - I think it is called executive bus service and you have to be bi- lingual to operate the bus; otherwise, American citizens can't operate the bus - "we can't speak Spanish." Now this is to me discrimination. Mr. Lloyd: There is nothing of that sort in this Certificate of Public Conveniences and Necessity as far as my knowledge is concerned. Mr. Rolfe: But he owns the same bus system, which the Public Service Commission has given him and it is written out in the application. They are going around giving these special groups these permits for jitney service, why don't you just wrap up Dade County and the City of Miami in a little package and go ahead and give it to them, because this is what is happening. Mr. Plummer: When will this matter be back up before the Commission? Mr. Lloyd: This I cannot tell you offhand right now because it depends upon Mr. Pino getting to the City Attorney's office the required information, which he has not done so at this time. Mr. Plummer: So what you are saying is obviously not going to be on the second of December. Mr. Lloyd: It is highly unlikely that it will be on the second of December because we understand that he is in the process pf ordering busses and the serial numbers of all the busses must by the Ordinance be included in • the Certificate and until those busses are here, and we have no knowledge when he is going to get them, we are stymied right at that point, and there is other information that he has to furnish us in addition. I have no knowledge when we are going to get that information. We cannot proceed until we do. Mr. Plummer: So won't it be appropriate for Mr. Rolfe and the rest of his people appear here at that time to speak rather than today. Mr. Lloyd: I would assume so because we could give notice and schedule at the appropriate time. We will have it prepared in time five days before the Commission meeting and it will be out publicly so that we will have knowledge of it. Mr. Rolfe: (Inaudible) - and get this over with. If you want the people down the next time, I'll have 1000 drivers down here - is that what you want? NOV 2 1974 Mr. Lloyd: That is up to the Commission Mr. Rolfe. Mayor Ferre: That's up to you. Claude, I know what you are worried about and I know this may not satisfy you or your membership. This is a test -run case which is going to involve eight units. I don't think it is going to go beyond that, and I certainly will not vote for it to go beyond that, and I think that will be the majority of the feelings here. Mr. Rolfe: Who is coming up next week and the week after this? Who is going to do something about the 300 or 400 illegal now running the streets? Mayor Ferre: Let'13 talk about that. Claude says that 300 of these jitneys and illegal taxis operating in the City of Miami. Mr. Andrews: I don't know if that is a fact. Mr. Rolfe: I know that is a fact. Ask my bus drivers. They are out there driving every day. Mr. Andrews: I don't know if there are 300 or 400, or 30 or three. We can try to find out and get together. Mr. Rolfe: Right now when they are finished dropping the kids off to school, they turn right around and start picking up people going back and forth to town. This is being done now and nothing is being done about it. Mayor Ferre: Now Claude, there is one other thing that you mentioned that I heard about in the papers that I want to clarify. Mr.'Andrews, what is good for one jitney is got to be good for others. No such thing as one unit hauling 16 people and the other one hauling 20, if they are identical in size. We have to be just for everybody - whatever is applicable to the goose is got to be applicable to the gander. Mr. Plummer, your talking about two different things now - your talking about busses versus jitneys. They are under a different area of the Ordinance; there is a different Ordinance application. Mayor Ferre: I see. Aren't they the same units? Mr. Plummer: Could be, but that was licensed under a jitney operation. They went out and bought the units that could accommodate more than the jitney. Mayor Ferre: That's fine, but regardless of that, I think we have to be just. If a man has a Chevrolet van with twenty seats, I don't see how you can tell him that he can only use fifteen because he happens no be in one part of town. Mr. Plummer: Mr. Mayor, I don't want to be argumentative, so I say this only being the devil's advocate - suppose the next set of busses he buys has 24 and then 28 and then 30? Mayor Ferre: No, no, no, I am talking about light units. Obviously, if somebody has a Volkswagen and the other one has a Chrysler stationwagon, your not going to expect the Volkswagen to carry the same number of people that the stationwagon is going to carry. We are talking about apples to apples. If the jitney operator has a Chevrolet unit, van style number C-6, and that's what this fellow has. It got to be equal. Mr. Ted Horn: Mr. Mayor, my name is Ted Horn, Treasurer, Transport Workers Union, Local 291, address 5018 N.W. 7th Avenue.. I think if you will recall when Mr. Pino was here before this Commission when you took the action in principle, give him a Certificate of Convenience, in his statement that they he proposed to you, operating a 27-passenger bus over that route - I believe it was 7 into Hialeah, so that they stated that they were going to use busses, which takes it out of the jitney category. Now what we are afraid of is what you are opening the door to. I don't think you are being fair with Mr. Pino or to us, giving him the feelings that if it is successful then he would be granted other permits and other people. Well, in principle you have told 57 NOV 21 19P him that, a* I understood it. I think if you go back and check the records and study it carefully -- Mrs. Gordon: I understood it that way. I voted against it, but I under- stood that this was a trial tun for him and if it worked out he could come back and nothing was said that he couldn't come back. Mayor Ferre: We are on the record now and all I am saying on the record and I told the Commission here, and Commissioner Plummer, Reboso and Gibson and I say that is not what we understood, and I certainly think that he got one route and that's it. Mr. Horn: Well yes, he got one route that day, but the point is that he told you in obtaining that Certificate in principle - that you were going to grant him that Certificate, he said ar.d implied that he woad use 27-passenger busses on this route - 21-passenger busses then, so that takes it out of the jitney classification and puts it into the bus classification. Now he spends an amount of money to put various numbers in various sections of the City, and if successful and he comes back to you and asks for more permits, how are you going to refuse him? Now we feel that if you open the door to this, it is going to get out of control, and if granting these certificates could put some of our members out of employment because of this action, we feel that our membership is going to take whatever action that is necessary to stop this and we think that you have not been fair to Mr. Pino to imply to him that you will give him the Certif itAtes and he has spent this money and put him in a spot. We feel it is counter to other governmental agencies, which is the Dade County Transit Agency, which is doing everything they possibly can under the budgetary restrictions to provide the needed services in Dade County, and we feel that you should be more cooperative with them in trying to assist them in bringing about the kind of public transportation system in Dade County that is needed and we don't feel that this is the way to bring it about. Rev. Gibson: Did you say your name is Horn? Mr. Horn: Yes sir. Rev. Gibson: Mr. Horn I want to tell you something. When we were arguing this thing (inaudible). They didn't tell us they were making all these lavish plans that were finally uncovered here on the day that we voted. Now doggone it they got to make up their mind (inaudible) The Miami Herald is always giving us hell and I think they have a right to, but the Herald said - and the one time I heard them say one thing good about us, that at least we will give private enterprise an opportunity. Now I want to say this about the Miami Transportation System - you know some of you want to forget that I am the guy that filed that suit you know. I got a long doggone memory though my hair is short, and I don't want anyone to let me preach that sermon today, and my brother, I understand what you say. Now if (inaudible) Hialeah and Mr. Andrews this is for you. Let us make sure jitneys means the same thing for the blacks run from Miami Beach to Liberty City as from Little Havana to Hialeah, and if you can only take 15 people in a jitney from Liberty City to Miami Beach, then only 15 people from Little Havana to Hialeah, so jitney will be jitney. I understand what they are saying because I was here - I was on the Commission at the time when they had to fold the seats back and do nothing with them. I remember that. Now I want to say to Brother Rolfe (Inaudible). Don't you forget that one day not too many years ago, you wore the same shoe as these other people wear - don't forget that. I'm not going to buy that jazz about the Miami Transit, because we have to, and let me say this, the Miami Transit didn't say that they were going to run that service. We were begging them and they didn't (inaudible) Mr. Rolfe: Father Gibson, we both can preach today. You have the vote and we have the people behind us. I am surprised that you can't see what they are trying to do. The same thing you remember (inaudible) the County ended up spending $60,000 for a piece of paper from Co -city coaches. You let these 8 NOV 21.1974 people get in when you are trying to get get them out, you got to end up buying a equipment, and instead of trying to help Sit up there criticizing, trying to hurt behind this?" mass transit in here. Before you can piece of (inaudible) with new us get mass transit in here, you us. "Now who is getting the payoff Rev. Gibson: I hope you are not implying, knowing me as you do, I hope you are not implying. Let me say this: "Every vote I cast, I cast with a conscienceness." Man, let me tell you something -- Mr. Rolfe: Everything I fight for I fight for your conscience! Rev. Gibson: I hope to God we will never run this Cit;► for all the blacks, or whites, or latins - I hope so. Mr. Rolfe: Father Gibson, these are some of the things concern me, if you listen to it. If you listen to it on T.V., you hear the same thing. You sit up there and vote so many thousands of dollars (inaudible) for Cuban kids that couldn't make it in school. Why don't you make it for the citizens of Dade County instead of one particular group? I would rather that you (inaudible) for the people of Miami instead of a particular group. Be fair for everybody. Rev. Gibson: Mr.'Mayor, let me make another comment. Since Mr. Horn and Brother Rolfe feel as they do, it seems to me that so far as the busses they are talking about for bi-lingual speaking people only, you have a redress. Do you have a lawyer? Mr. Rolfe: We have a lawyer. Rev. Gibson: O.K. Let your lawyer take your case to the ---- Mr. Rolfe: Now we are going to let you do what you think is right and we'll do what we think is right. Rev. Gibson: I don't have to argue the point. I am going to cast a vote when the time comes. Mr. Horn: Mr. Mayor, again I would like to say this. Before these Certificates of Convenience is granted and you allow Mr. Pino to spend considerable sums of money for acquiring this equipment, we hope that you will bring it back again for a Public Hearing for further discussion and let us have more input into this thing because we are concerned as to how it will affect our numbers, not MTA per se. We are concerned about the welfare of our members and their future employment. As far as the employees of Mr. Pino's system is concerned, they would not have the benefits and protection that they would have if they were employed operating a bus for the Metropolitan Dade County Transit Authority, and we would like to see this Commission give some more input into the Public Transit System with MTA. Mayor Ferre: I am going to solve your problem in a moment. I am going to recognize Paul Andrews to make a statement which I think ---- where did Claude go? Claude, listen to this carefully because I think this is going to satisfy your problem. Mr. Andrews: Taxicabs are licensed under one section of Section 56 of the City Code. Under another Section of 56 of the Code, a rate of fare for hired cars - jitney, busses - identified as jitney busses are covered in another area. In a completely separate Article under 56, Article 3, is busses and other vehicles operating on fixed routes. Now that was the application you had before you some weeks ago which Mr. Pino was -present, and that is a Section that deals with busses. Now it is my recommendation to the Commission since Metropolitan Dade County has taken over the Metro Bus operation, that you consider adopting a Resolution which would authorize the City Attorney to prepare an Ordinance that would eliminate - if it takes an Ordinance, this Section from our code entirely. You would not have anybody coming to you with applications anymore for fixed route busses because we are not in that �,;� NOV 211974 business anymore. The City is rot in the business of regulating. Mayor Ferre: Are you following what he is saying. In other words, we just eliminate that Section and we do not have jurisdiction over it anymore. They will have to go to Metropolitan Dade County to get their application. Mr. Horn: Mr. Mayor, I would like to speak because this was a fixed route. Mr. Pino requested the Commission to grant him a Certificate of Convenience for the purpose of operating these busses over eight fixed routes, and he had proposed some six other routes. Mr. Andrews: He would be unable to come before the Commission and make application for those six other routes. Mrs. Gordon: But he could go back, couldn't he Mr. Andrews and say that was my previous request; therefore, I grandfather in and anybody else? Mr. Plummer: We have an attorney - let's hear what he says. Mr. Lloyd: The answer to that question is no. All he had was a request which was not granted. Mrs. Gordon: At this point in time, he has a principle acceptance from the majority of the Commission. Mr. Lloyd: The only thing that the City Attorney was instructed to do was to draw up a Certificate of Public Convenience and Nece3sity which as I said we would not have to do for one route. Mrs. Gordon: Yes, but that is in principle. Mayor Ferre: That is not so. It wasn't in principle - it was a specific route approval, and there'was no commitment for anything else. Mr. Plummer: And it was a fixed route. Is that correct Mayor? Mr. Lloyd: We would not have presented it to the Commission unless it was. Mr. Horn: I recognize that this was only one, but the door is open and that is what we are concerned about. Mayor Ferre: We are talking now about closing the door. Mrs. Gordon: Your talking about closing the door in any other applications, but is it too late Mr. Lloyd to draw the action that the Commission took at the last hearing? Mr. Lloyd: You mean with respect to this one route? Mrs. Gordon: Yes - because as I understand it Mr. Reynolds told us that he would have a route, working the same location within sixty days, and I don't know how many days (inaudible).but it was at least three weeks ago, so you are talking about another six weeks and there will be a transit authority Route running the same sixth route. Rev. Gibson: Mr. Mayor, if I stood on this Commission I would get rather irked because we tried to do indirectly what we can't do directly. I get irked because I only know one way to live and that is either you are right or wrong. Now when those people were here, we asked Miami Transit - you know I get sick and tired (inaudible) You all know what I am talking about. We are doing after the fact what we didn't do before. Mr. Plummer: I am inclined to agree. 6u NOV 2 11974 c� o Mr. Rolfe: Mr. Mayor, I would like to ask you a question. Does the City of Miami have authority to tell people they ain't going to another City like Hialeah and pick people out of Hialeah and bring back to Miami? Mr. Lloyd: I can explain that. The answer is a qualified yes, and I would like to explain that. The City of Miami under the State statute, has the authority to issue a Certificate of Public Convenience and Necessity under which by virtue of the State statute, has been interpreted to mean that as far as the City of Miami goes, the busses may run five miles into another municipality or unincorporated area. Now, however, and here is where the qualification comes in, that busgoperator will still have to make his peace separately, or make whatever deal he can make separately with the City of Hialeah, with respect to running his busses on City of Hialeah streets, because the City of Miami, while it can issue a Certificate of Public Convenience and Necessity for the City of Miami, which as far as the City goes, it can go outside five miles; but as soon as he crosses the border of Hialeah, he still has to negotiate with Hialeah. Mr. Rolfe: In other words, the City of Hialeah can stop him from picking up people in Hialeah to bring them back. Mr. Lloyd: That's right. Mr. Plummer: Mr. Lloyd, in other words you are saying that this might end up not being a Certificate of Convenience after all - it might rather be a Certificate of Inconvenience; he might transport those people into Hialeah and not be allowed to pick them to return them. Is that correct? Mr. Lloyd: He can pick them up as long as they return to the City, but he can't pick up other passengers. In other words, when he takes somebody at a fixed place in Hialeah, he can pick up those people and bring them back again but he can't stop on the way and pick up other people within the City of Hialeah and deposit them off within the City of Hialeah. Mr. Rolfe: I understand in Bal Harbour a cab can take people over but they can't pick them up in Bal Harbour and bring them back in Miami. What is the difference between Hialeah and Bal Harbour? Mr. Lloyd: Well, there is no difference as far as boa- being municipalities are concerned; but now you are talkingabout taxicabs - that's a different situation. Mr. Rolfe: Does Hialeah still have a say if you can pick them up or not? Mr. Lloyd: That's correct. Mayor Ferre: All right, the Manager's recommendation as I understand it is that we call for a Public Hearing on this and then we can after a Public Hearing decide whether or not we vote against the removal of this Section which would then preclude anybody else, including Mr. Pino, from asking for any expansions of that route, so that he would be left with what he has now gotten, which is route from Little Havana to Hialeah for eight units, and that's the end of it, or if it is the will of the majority we will revoke that. Mr. Horn: One other thought I'd like to leave with the Commission before I leave. In another Certificate to the Railroad Commission where Mr. Pino applied for a Permit to operate along A1A from Dade County into Palm Beach County, he used the criterion in that application - bi-lingual operators of the bus. I would like for it to be in the records here that we also have bi-lingual bus operators - a considerable number of Cuban bus operators, and we know that it is going to grow because the system is projected to double within the next couple of years. so consequently no doubt, the bi-lingual speaking employees will be doubled - even more than doubled for the present year, so I wouldn't want that to be confused in future Certificates. Thank you. Mayor Ferre: All right now is there any Motion on the part of this Commission to act on the Manager's recommendation to revoke that Section? Mr. Plummer: Yes, I'll move that. Mayor Ferre: There is a motion and a second. Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-]287 A MOTION DECLARING THE INTENT OF THE COMMISSION TO HOLD A PUBLIC HEARING ON A PROPOSAL TO REPEAL ARTICLE III OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI DEALING WITH BUSES AND OTHER VEHICLES OPERATING ON FIXED ROUTES Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mr. Rolfe: Can I ask you to do one more thing. Are these illegal jitneys that are running the street now, picking up people, could you have your Police Department check on them. Mayor Ferre: Yes Sir. Mr. Andrews, I think that is a clear consensus of this Commission that you immediately investigate and report back as to the legal jitneys and the legal taxis functioning in the City of Miami. Mr. Rolfe: And those that have licenses to run and running off of their routes to other routes. Mr. Plummer: There are no other routes. There is only one jitney to my knowledge that is operating in the City of Miami. Mr. Rolfe: The bus driver is laughing because he knowsthere are a lot of them there. Right there in my office on 7th Avenue, I saw a jitney running up and down 7th Avenue every day. Mr. Plummer: Do you ever take one Claude? Mr. Rolfe: No - and that is not a jitney route as far as I know, but jitneys are running up and down 7th Avenue every day. Mrs. Gordon: Do you need a Motion Mr. Andrews? Mr. Andrews: No, I don't need a Motion. Mayor Ferre: Thank you very much gentlemen. SA1LB AJ. C STD;( AT DAVID T. KENEDIPARK =DiscutsJON ONLY Mr. Andrews: Another matter Mr. Mayor is one of personal appearance also. This is Mr. Jack Rice, Jr., Attorney and this is Lease and Sailboat Rental and Concession at David T. Kennedy Park. You will remember when I nade my recommendation to the City Commission at the time, it was based on what I believe, and still believe is the best proposal the City receives, and Mr. Rice has taken exception to that and wishes to be heard, that he feels in representing his client, was not heard at the meeting at which the award was made. At the time the award was made, he felt that he should have had the opportunity to represent his client prior to the award - to present to the Commission facts he feels are important to this award. I recommended the award to other than his client, based on a guaranteed income of.$3,500. and some odd dollars and 16.and a half percent Sailboat rental versus his client's proposal of $4,000. guarantee - about $150. more per year; but 8 and a half percent._ The sole purpose of this Mr. Mayor as I explained to Mr. Rice, is that this Commission has never acted unilaterally when someone has wanted to speak. He felt that he did not halt.? an opportunity to Epeak in this issue and I wanted to eliminate that doubt whatsoever. Mr. Rice, procedurally now, we got to -establish a fact here - let's wait for the Mayor because this Commission in -fact has already acted. Unless there is a motion to reconsider,'the action of'this Commission stands, so let's wait for the Mayor. Am I incorrect in that Mr. Lloyd? Mr. Lloyd: You are correct. It would be out of order otherwise. Mr. Plummer: I just want to notify, the Manager that we have now run ten minutes over what you proposed we would be out of here. Mr. Andrews: I have just informed Mr. Rice that the action taken by the Commission, unless someone has to reconsider, would not be in order. Mayor Ferre: Now what is your recommendation o1 this Mr. Andrews: Mr. Andrews: My recommendation is that we continue with the award you granted the Adventurous Yacht Sailing Corporation who presented the City with a minimum guarantee of $3,840., or :L6 and a half percent of gross receipts whichever is greater. In my judgment that was a better proposal than receiving from Coconut Grove Sailboat Inc. a minimum annual guarantee of $4,000. or eight and a half percent. Mr. Plummer: There was something else that you brought up in the memo. Mr. Andrews: There was a third organization which formed in an effort to supply the City with a bid and in a final analysis they did not supply the City with a bid. Mr. Plummer: Was that the other item? So in other words, it was just Jack's client and this company. Mr. Rice: Mr. Commissioner, I must tell you that all this took place predicated on correspondence between me and the City Manager as to the third bidder, in which the City Manager threw out his so-called intervention as being a bidder in this cause, and I want to bring the Commission's attention to the fact that when I submitted this bid in behalf of my client, two things occurred: First thing that occurred is that I found out that I cannot get a copy of the agenda delivered -to me or mailed to me on a regular basis. It is not mailed to individuals." Secondly...in order to make a presentation and assure that I could convince the Commission that my client has the best case, I submitted a letter dated June 5th, in which I said: "Please advise the time and date this matter will be placed on the Commission agenda, as my client and I desire to make a presentation. Thank you for your consideration. After I wrote that letter, and by the way, these bids were supposed to be put in within NOV 211974 a a period of ten days and it also required that you have to show financial, as well as experience and ability to perform. In order to do that, we submitted -- and by the way, I represent these two ladies here - This is Mrs. Virginia Paula Britton and Mrs. (Inaudible) who is the President, Secretary and Vice President of this Corporation of Coconut Grove Sailboat Inc. Now the reas6n why it is serious to them, is that this case would rise and fall on the presentation because the matters that were submitted in the bid, weren't really sufficient to apprise you of the ability of both parties to perform, and specifically as to Adventurers' Yacht and Sailing Club, there was nothing in his bid to show that he had ability to perform. The only thing his bid said, and by the•way itlwasn't the Resolution that was passed, was not passed in the Cotporate name according to th:s; but the only thin€ his bid said, was that he had one year's experience. My client had about 20 years of experience directly in this type of sailboat concession. In addition, we were making a $20,000 investment in putting in the docks, etc. as required in order to place the sailboats (interruption by a Commissioner) We had an agreement submitted in the record that we had 10 sailboats available. These things were very important to my client. I just want to bring one more thing to the Commission's attention. More than 60 days has expired since we submitted our bid and more than 60 days expired since they returned my client's bid money. In other words, from the time the bid was received until the time you awarded the bid on October 24th, was approximately 90 days. Since the day you awarded the bid to the other side, there has been approximately one month. Your contract documents itself said that they must execute the contract attached to the bid proposal within ten days. That hasn't been done as of this date. My big problem however, is that the Commission or the City Manager, or somebody has prevented me from making a presentation by awarding the bid without notice to me, contrary to my request. I think that is a substantial error. I think it does deprive my client of some of the due process. David Block: I represen: the Adventurers' Yacht & Sailing Club and as I understand it, we were both in the same posture, both bidders, prior to the October 24th meeting. Now, we never received any notice of the agenda. Because of our anxiousness to serve the City and the people of Miami, and to get this bid we, either Happy Miles, the Commodore of the Adventurer or myself, daily called the City Manager's office - I know we worried them to death, trying to find out when it was going to be placed on the agenda, and as to notice generally, I checked with the Law Department and notice was given as per the City code, by notice of publication in the newspapers. That notice should cover the two bidders. As to the very fact that you are here today I really question whether or not that's proper, due to the fact that the Commission has passed a Resolution unanimously authorizing the City of Miami to enter into an Agreement with the Adventurers' Yacht & Sailing Club. Now the day after that Resolution was passed, we contacted the City and I think that members of the Fire Department, the City Manager's office, etc. will verify the fact that we were most anxious to get things started - to get the "ball rolling." We have boats available. The Adventurers' Club has a number of boats sitting on the moorings there. They have (inaudible) that they want to use and as to spending of $20,000 on dock facilities, the City specifically noted and specified that no permanent dock facilities could be used at the (inaudible) location, and it is not going to take $20,000. to put floating docks. It would be an unnecessary expense, but the Adventurers Yacht & Sailing Club represents a 1000 members now. They have been in operation a little over a year, but they expanded greatly - to show the ability of my client to perform, and before that, he had more than 20 years experience, including sailing around the world, and had concessions all over the world. The bid itself, which I think is the most important here, entails a guarantee of $3.800., as opposed to 16 and a half percent, twice what your client was willing to give in his bid. If the City were to have gross receipts of $150,000 a year, that's $24,000, almost $25,000 a year to the City, as opposed to $12,000. I agree that is not the crux of the question the crux of the question is the legality of the appearance of an unsuccessful bidder after a Resolution has unanimously been passed, and under the terms of Florida Statutes, the City code and the City Charter, I really question NOV 211974 the legality of the appearance, after a successful bid has been-- the Resolution has been passed. Mr. Rice: First of all, his submission to the City for experience was one year, not 20 years. Secondly, my client had ten years and his experience was not in leasing small sailboats. He absolutely had no criteria for this type of business. Thirdly, the only reason why there was any bid on the agenda at all was because of my letter of September 13, in which I pointed out to the City Manager that the man who was trying to set aside, which is Gold Coast Rentals for Sailboats, he was trying to intervene to come in here as a bidder or to fill out a bid, I specified in my letter why he shouldn't be considered. Now it was predicated on this letter of September 13th, and I asked in that letter would he set it on the next Commission agenda, which it wasn't done. My problem is that if I had known, it might have been a different result, and I'll say this - there has been no experience on sailboat rentals such as this as to income to the City. You have sailboat rentals down here and it nowhere near approaches $4,000, so if you have no experience then the best bid is the minimum guarantee, and if there is any experience you have, it is strictly conjectural. Mayor Ferrel Mr. Lloyd give us a legal ruling and than let us get on. Mr. Lloyd: Well, first of course there is nothing illegal about Mr. Rice appearing before the City Commission; however, unless that it can be pointed out there was something illegal or improper about the bidding procedure, I think that the City Commission should stand by (interrupted by someone) -- (Unidentified) It is not the same because in this one they had ten days to execute a contract and they haven't executed, a contract. Mr. Lloyd: In the event that the City Manager finds that they haven't lived up to the terms of the contract and cannot and will not, why then it will be the appropriate --- Mayor Ferre: Well Mr. Andrews the ball then passes to you. Mr. Andrews: They had supplied us with a contract that I wasn't satisfied with and that there was some adjustments in the contract and I sent it back to the City Attorney for adjustment and that contract procedure is under way. Mayor Ferre: As I understand it, through your initiative then that's why the period (inaudible). Mr. Andrews: That's right. Mr. Rice: Your Honor the contract is attached to the bidding documents and it says that's the contract you shall execute. It isn't ten or twelve contracts - there is nothing that you have to amend or change - it has two insertions - your minimum guarantee and your 16 and a half percent. That contract evidently hasn't been signed by the other side. David Block: Mr. Mayor, the contract attached to the bid - we were satisfied with, but the City wanted to execute their own contract. They brought a contract to us; we said that the day after resolution we were willing to execute it. They sent it to us several days later - we executed it when they told us to with minor changes. It was their contract, and then we waited for them to reply. We were always anxious to sign any contract because we wanted to get on with the business of operating this concession agreement during the high season, and as a matter of fact we sent letters to all the Commissioners expressing our concern about the delay and our desire to do anything to cooperate. We also sent letters to the head of the departments with a copy to the City Manager and to the Mayor, suggesting that we would cooperate in any way and outlining suggestions made to us by Mr. Howard, head of the Parks IS Recreation Department. We have been anxious to sign from the very inception of this bidding process and passage of the Resolution. 65 NOV s 10 Mr. Rice: Your Honor, you ;till haven't overlooked the fact that I had specifically requested notification at the hearing (inaudible) Mr. Lloyd: There is no specific requirement that this type of bidding procedure entitles somebody to appear before the Commission to be heard. Mayor perre: I think we are rethreading now - we have heard all these Mr. Manager, what is your recommendation? Mr. Andrews: My recommendation that the Resolution adopted by the City Commission for the award stands. Mayor Ferre: Is there further discussion - does anybody want to make a motion to the contrary at this point? I am going to ask one more time and this matter is going to be closed. Is there anybody on this Commission? Mrs. Gordon - excuse me. Is there anybody on this Commission who wants to make a motion contrary to what the Manager has just stated. Hearing none - the matter stands. Thank you. Is there anything else Mr. Andrews? Mr. Andrews: That concludes that matter. I don't think there are any other public appearances that I am aware of on the balance of the items that (interruption). Mrs. Gordon: May I ask you a question Mr. Andrews? I received a letter and it comes from the Miami National Bank and I don't know -- I have never taken note of how the City makes their investments or where they make them, or anything else, but I'll read to you what it says. It says that it has been five years since you the City has had a depository relationship with us. In 1969 your payroll and regular accounts were placed here, with balances running to $2,000,000. In the interum we have purchased treasury bills for you simply as a service and we are a full service bank - a reputation for helping our customers get the best possible return on their short term investments; one of which we are justifiably proud. Miami National Bank is an equal opportunity employer, etc. etc. I bring this to your attention 42, CREATE DEPARTMENT OF MANAGEMENT SERVICES •Mr. Andrews: Mr. Mayor and members of the Commission there are 3 items associated with Item 11, and they are identified as an ordinance for creation of the Department of Management Seriices,the ordinance creating a new department to be known as the Department of Human Resources, and lastly, discussion with reference to recommendations advanced by Booz Allen in reference to the whole concept of changing the administration through the creation of the Deputy City Managers which was put to a vote of the people of Miami, and that matter was turned down. Mayor Ferre: What was the final vote on that? Mr. Andrews: I don't remember the numbers, but it was separated by 700 votes, only 400 separating it, ---- Mayor Ferre: 20,000 people voted on this item, and a difference of 400 votes, in otherwords if 201 people had voted differently it would have gone the other way. It lost neverthe- less. Mr. Andrews: This still is an excellent concept and i am going to prevail upon the Commission to implement only a portion of it in this way. I have written you a memorandum in which I have eliminated one of the positions which was identified as Deputy City Manager so that we could fund $55,000. in so far as the retirees pension benefits, coupled with $19,000. revenue sharing funds. I would like to take the remaining two positions, one of NOV 2.1 1974 1 which Cliff 'Hayes is Deputy City Manager, was identified as Deputy City Manager and convert that position and the position that was proposed for one very important area of our City government and that's the community development, which includes planning, building department, administration for public hearings and the fourth function when we get a coordinator, would be the housing and community development act which is going to be with us for many years, to place all of those functions under the direction of this individual. 1 would like to take those two positions and identify them as Assistant City Managers. The City has operated from time to time with more than one Assistant City Managers. If you remember, Mr. Merritt Stierheim who is now the County Manager of Pinellas County, was an Assistant City Manager at the same time I was Assistant City Manager. Mr. Dodd Southern who became manager of Hollywood, is now Assistant Manager at Miami Beach, was also Assistant City Manager at the same time I was Assistant Manager, so there if precedent for this and there is Charter provision that there can be more than one Assistant Manager which is identified in the Code, and not in the Charter. The Charter provides Assistants, plural, that the Manager may have. The Code is constructed from that language, which provides for Assistant City Manager, and Administrative Assistants to the Manager. This is an extremely important matter to the City in my judgement. This area or com- munity of development within the City particularly in our downtown area, in our other minor business area to downtown Miami, and the rest of the City, I am not going to take all the time that I think I could take to really describe the importance of this. Mayor Ferre: May we ask questions . I think it would be best to take one item at a time. Let me say, and I am just one voice here, I feel very strongly that it is important that we give the Manager the proper tools to operate under. Sometimes I have keen critical of the Manager and I want to say that I think it is important to give the Manager as many tools as he requires to function, as we can possibly give him. I don't agree with all of them, but in this particular area, I really think that it is absolutely essential that the Manager has sufficient Assistant City Manager to function properly. It isn't only Booz Allen that has recommended this, and so many other people that have looked at the Management. I have to look at it in my own particular field, in business, and I find that I could not run Maule Industries as the President of the Company without good executive vice presidents. There is no way I could this, and I think it is very impottant and I feel very strongly that the Manager should have appropriate staff, and Assistant City Managers to do the job and I am very strongly in favor of this particular recommendation. Mr. Plummer: You are speaking to which segment. Mr. Andrews: That is 11-C, the purpose in wording 11-C was to bring out this factor of deputy City Manager and the Assistant City Manager concept. Mr. Plummer: Mr. Mayor let me speak to it. You know when the Manager spoke of having Mr. Stierheim and Mr. Dodd Southern, and one other which I don't recall, ---that is exactly what I want to speak to. At that time we had one City Manager who like him, or don't like him, and don't bring in personalities, ran this city pretty well for 13 years. He had basically one assistant. Mr. Andrews, if I am not mistaken, you were assigned primarily and basically to budget. Mr. Andrews: No, --- Mr. Plummer: Well, the other one was. Mr. Andrews: The other one was, but that was about 5 years after I came. 67 NOV 21'1974 i Mt. Plummer: We now have a separate budget department. The very point that i am trying to speak to is that at that time, the budget for that department was less than $199,000.00 and 14 people which included budget. Today, we are now looking at a realistic budget for the administration to do the same services of approximately $600,000.00 and 40 people. Let me tell you something, out of the three proposals that you have before you here, even though I had felt very strongly against A, I have had some second thoughts to give them a chance and let them prove it, and if they don't prove it at the end of the year, they are gone. I cannot go in defiance of the voters of the voters of this city who said 'no', we don't want any more administration. So as far as I am concerned, you know, a rose by any other name is still a rose. They said 'no', that is it. I represent them, they have spoken, that is way I am voting. As far as B, I have some very serious, serious consequences in B. I am will to try A, as far as A is concerned, with the proviso, that it is fully understood, that at the end of the year, if it hasn't proven to do what these people purport it can do, baby it is gone too. That is my thought on that. Mr. Andrews: Mr. Mayor and members of the Commission, we are probably going through the things that Miami has suffered for so many years. There sets a stack of reports prepared by our outside physicians that have told us what is wrong. Mayor Ferre: How many are there? Mr. Andrews: About 6 here, --- Mayor Ferre:----other than the Booz Alien, how many? Mr. Andrews: These are all Booz-Allen. This is all the Booz Alien studies in reference to modernizing the City government and to some how yet u:; off the ground and get us launched in a new direction. This is going to be once again I am afraid the tradition of having reports, two years of studies, plus the 3rd year of implementation, which we are half way through, we really havent implemented anything. The only thing we have implemented was what I gambled on, one, was to create and was like pulling nails out of an oak board, the budget management analyst, not budget analyst, management analyst, and creating the one Deputy City Manager which I got permission to do from this commission at budget time, and other than that we haven't really done anything. All we got is a fine report. Mayor. Ferre: Let me ask you a question Mr. Andrews. The thing that horrifies me, that really concerns me, when you made your police report, is a statement that you made that you had done this all personally yourself. I know from talking to you, at least 4 or 5 times a week, watching the way you operate that you are under severe pressure. I don't think that you, --I couldn't Maule the way you run the City of Miami. I just couldn't do it. J.L. I couldn't run Maule the way the Manager is asked to run the city. I just physically could not do it. The pressure is on the Manager. to run the city as I said. Remember when he made the police report? He made a statement that he had done this all himself. Ye said he had personally gone out, ----I know we had asked him to do this. Mr. Plumme :Mr. Mayor, if you want to get into that, I wasn't going to do, my immediate question is, what were -the other 39. Mayor Ferre: All right, let's get into that. Can you do this by re -shuffling some of those 39 people? Mr. Andrews: No, sir, ----let's discuss that. I don't have the numbers before me, but I know them well enough, --close enough so we can identify them. You have approximately 10 people in Mr. Lanken's area of activity, which is completely separate from 68 Nov 211974 • • budget staff and the city administration staff that you see in this building. They are over in another building, and Mr. Lanken and one secretary have been responsible for all the labor negotiations in addition he then supervises Mr. Litvak and group of other people who comprise about 7 persons in all in the area of the workmen's compensation, and the reason that we have the number of people that we have there now, that we did not have before, was we had the worse rating in the State as far as workmens compensation was concerned, and we are attempting to turn that around. We are doing far much more work as far documenting our cases and following up and encouraging employees to come in and work with that unit of our government. Mr. Plummer: Where were those people three years ago. Mr. Andrews: There were there but not in the same number. They were increased for the reason --- Mayor Ferre: It ib not part of the management operation in the sense that ---look, I am going to make a definite statement here. The City of Miami is thin at the top, and I don't mean that to be a reflection on Paul Andrews. I am saying that Joe Parades, and the people that are in volved in the management of this city are over -worked and right now the pressure is upon them, they cannot in my opinion function properly. If this were Maule Industries there is no way in the world that this operation could function. Mr. Plummer: No, because Maule Industries, if it operated this way would go broke. Mayor Ferre: But the reason, J.L. is, and I repeat my statement, the city of Miami is thin at the top, and we need to get some middle top management heavyness . Mr. Plummer: Who is going to go that these are going to replace. Mayor Ferre: When he is talking about these 10 men in workmen's compensation we had the worse workmen's compensation record in the State. That had to be strengthened that is why we have 10 people there, but you can't pull those 10 people to do functions in planning and zoning and the other departments we have, and what we need is more assistants at the top. Mr. Andrews: If when we discuss this other department, which is 11A, on the agenda, and we transfer the budget operations and the workmen's compensation operation to that department, the city manager's office will down to about 19 or 20 people. Mr. Plummer: Paul when you did the budget how many people helped you? Mr. Andrews: Roughly 5 people. Mr. Plummer: How many people in the budget office now? Mr. Andrews: I believe there is 4. Mr. Plummer: How many? Mr. Andrews:--4 to 5, we lost one person since we had the budget put together. One person transfered,----5, not including the secretaries. Mayor Ferre: This is a 80 million operation with 3500 employees. As a professional manager, which is what I am in my private business, and I can tell you that operation is under- staffed at the top. We are thin at the top. We have to face that, because we cannot impose upon the manager the things we are continually demanding from him without giving him the adequate staff to do a it proper job. I just happen to feel that way. I recognize, and I don NOV211974 think this goes contrary to the vote of the people. The people said they did not want any more 'deputy manager'. 1 am going to criticize you Paul, for something and I am going to put it right on the record, I think that it was wrong for us to go to the voters without anymore explanation. I personally think that the reason that went down to defeat was because nobody really understood what it was. I think that we on this commission, and you, the administration were deficient in properly explaining. If the people had better understood what this was all about, they were asked to vote on something that nobody understood. It really was not covered sufficiently in the media, it was never explained, ---if we had approached the bond issue in 1972, and the previous bond issue, the same way we approached these changes, they would have gone down in the same defeat they did, and that is a criticism of you, this commission and the administration. I think we really have to get into the world, --- Mr. Plummer: I want for the record that is subjective thinking on your part. I can also think to the contrary, had they been better informed, it would have gone down worse than it did, and it is theory on both parts. Mayor Ferre: Look, I am quick to criticize when I think the Manager needs criticizm, and I am also at this point, quick, to point out I agree with Booz Alien, and I agree with the Manager that these things are needed to improve the quality of service and I think the quality of service will be so vastly improved, that the cost on a per -capita basis is going to be negilible compared to the benefits we are going to get out it. Mr. Plummer: Mr. Mayor, do you know anybody in private industry that is hiring? off. Mayor Ferre: I don't know how to answer that. Mr. Plummer: The answer is no, they are all laying people Mayor Ferre: Let me tell you this, for example in my own company, we have laid off over 400 people, we have had to, but by the same token, we are also hiring somebody at the top, because there is a weakness in one particular area of management in the company, and these things are very good management is very dependent as to what the top echelon is doing . That was my whole premise in the police department. My argument with the police department, whether it is accepted or not,was, there wasn't efficient control from the top. It is essential. Mrs. Gordon: How much money is it going to cost this year if this is implemented? ----in addition to what you are spending now, to implement 11A. Mr. Andrews: If you go to that one, that would be for the first year $44,000. and the 2nd year an additional increment of $40,000. Mrs. Gordon: You are telling me it is going to cost an additional $44,000. to do it this year, which we had budgeted for $40,000. the following year. Mr. Plummer: I'll hold you to that figure. Was there B people involved in the management study,--howmany people involved, they have 5 now, --- Mrs. Gordon: You have to have a department head, and assistant department head, and Mr. Plummer: No, management systems, Paul, the 5 people 70 NOV 211974 you have now, from the different departments. Mr. Andrews: Those, positions, --people were within a department, arrangements were made with the department directors to eliminate those positions and they were transferred to the management department. Mr. Plummer: It still costs money. Mr. Andrews: No more than it cost when they were with a department. Mrs. Gordon: They are doing a different job, and nobody filled their job, that is what Mr. Andrews is saying. Mr. Andrews: Nobody is filling the job. Mayor Ferre: And I am saying and I am repeating what the management has been saying all along in my judgement, and my humble opinion, that that will be more than compensated for from the savings that I see forthcoming from their work. Mr.Plummer: Mr. Mayor I.am willing to gamble on that with the proviso that at the end of tb.e year if it doesn't prove it, then I'll fight just as hard to get them thrown out, but I disagree with B and C. Mrs. Gordon: J. L. you know it is hard to throw somebody out once you put them on board. Mr.Plummer: I have lost battles at this commission table before, ---it is not the first and not the last. Rev. Gibson: Mr. Mayor I want to admit my lack of knowledge, -----but before I completely admit it, I want to concur with Mr. Plummer, when he made a reference to Mr. Reese, and what he did. I served a very short time with Mr. Reese, compared with some of the rest of you, but I never heard anybody say that Mr. Reese wasn't a good administrator, ---a doggone good one too. You may not like the way he came on, but when it was all said and done Mr. Reese was the cat's pajamas. Let me raise a question in the minds of us, Mel Reese was a smart man, I am saying that, -----Mel Reese had a study made and you have to respect a man who understands and sees his shortcomings and inability. That is bigness and greatness. So Mel Reese said, I don't want to do it myself, I am going to get a team to look after us, and I just got here, you know, through the mercies of you fellows who showered that grace on me to get me appointed. Maybe you are sorry now, but that is all right. Mel Reese said, you need to study your structure and how your services and all this other business being administered, and if Mel Reese, didn't have something in mind, and if he didn't see the handwriting on the wall, he never, knowing him as I do, he never would have cajoled us, pursuaded us, nor urged us to make that study. With that in mind, let me tell you what bothers me, it worries me, ----we spent thousands of dollars to make these studies, and after we make these studies, you don't want to move with it. I made an observation when we had that hearing on police brutality business the other day. The paper didn't pick it up, and I dont' care, I don't need the paper. I am not so sure that some of the ills that we need to address ourselves to, and some corrections we need to make .----I say that, and I am not going to argue nor debate but I promise you this, one month from today, two months from today, three months from today, four month from today, one year from today, two years from today, ------if we don't start getting us a new look and acting differently the way we are, we won't have city. I want to say that, and I admit that black churches don't have affuence of spending money as white institutions, but I am in a white church, we constantly have to look, and re -look, administration of the church. I was on the executive board and I was one of the first guys who didn't want to change. Man, --'change and decay, and all around I see, o, thou who changeth not,' ----you ain't going to make it. Now, we can't have the sae kind of delivery in '74 as we had 10 years ago, 15 years ago. It won't work, and I want to tell you this, as much as I don't like some of the things they are asking us to do, I am fully aware, and I want to tell all the employees of the city, for I know you have some hang-ups, and some regurgitating going on, but baby, for your own good, you ought to change. 71 NOV 211974 One final comment, we have in Our church the liturgy. The Mayor was talking about Maule industry, -----I have to speak from where I live, and what I do for a living, --we didn't want to change that liturgy. I am going to tell you something, we were speaking in a 1928 language and tradition, and this was '74, and some of them still don't want to change but I tell you this, I have lived long enough, to have been one of the guys who didn't want to change, and I have lived to see the church come alive in the change of the liturgy, and all I say to you, those of you who are scared to death, need to be adventurous if this city is going to live. If you don't want the city to live, maybe you don't want it. Then don't change, but I want to tell all the people here, I don't want Miami to die. I want it to live, and if we can't do all the things Booz Allen told us to do, for God's sake, let us take some daring steps and try some of them. Otherwise we are going to end up with all those books on the desk just as they are now, and I think we ought to try . Mr.Plummer: Father, did you ever hear of a man by the name of Doxiadis? Rev. Gibson: Yes, sir, Mr. Plummer: He did a fantastic plan, and I heard the same comment that if we didn't implement this plan, the downtown was going to die. You know what, the plan was a little bit richer than our blood and we couldn't afford it and it is on the shelf. Rev. Gibson:J.L. the difference between the Doxiadis and the City government is, either you are going to have this city with some changes or you aren't going tb have it. Rose, you are always talking about your own opinion, I am putting mine on the record. I am not going to sit here silently, and you just can't run a city in 1974 with the same kind of delivery service, the same methodology and not even some of the same people. Maybe, part of our problem is, we instead of thinking about what the system will do we are thinking about who the system is going to hurt , and maybe we are going to have to let the system hurt. That's what happen in the church. Mrs. Gordon: I am looking at how much money we are spending when we should be cutting back, we are going out and spending more. Maybe we should wait a year and see if we can afford it. Maybe the economy will turn around a bit. How many years has the city been operating? Idon't think the city is going out of business if we don't implement this thing right now. I don't think that at all. I think we might stay in business a little longer because we would have a little bit more money to spend on things we need. Rev. Gibson: One way to stop debate is to vote. Mrs. Gordon: The Mayor isn't here. Rev. Gibson: I am going to wait for him. Mayor Ferre: Mr. Andrews, let's get started again. Where did we leave it, you had better put the microphone on. Mr. Andrews: We are just starting on the management services department and Mrs. Gordon was asking a question of how much more this would cost this year and I had responded that it was $44,000. and then Commissioner Gibson began his explanation and his review of change in some of the things that we must do, ----- Mr. Plummer: $44,000. was not realistic, that the true cost of the department, put that department in the budget next year will near $150,000. Mayor Ferre: I think it is going to prove to be well worth it. Mr. Plummer: I am willing to gamble on that. Mayor Ferre: If you are, let's move on 11A, you want to make a motion ? Mr. Plummer: I'll be glad to with the proviso that a good healthy look be taken at next budget hearing, if it hasn't proven to say that it will do what it says it will do, that it be eliminated. Mayor Ferre: There is a motion an second on 11A, 72 NOV 2,11914 s Rev. Gibson: I'll second it, Mrs. Gordon: Mr. Andrews, can you in all honesty tell us that you wlOuld or could disbanci this operation in otte year and not hatre to put people Out of work at that tithe? Are you bringing in new people? Mr. Andrews: There would be four new people added. The thing I can't commit to this commission, which I told you over and over again, before this budget year is out,.I hope tc come back to the commission and demonstrate that we have eliminated some positions within the city government, far more than the positions we are trying to create. I am going to carefully catalog this balance. Mrs. ---and if you don't do it at the end of the year, then you are going to be willing to abandon that program. Mr. Andrews: Starting with this budget and its compliment of people I am going to document for the commission all of the people we are planning as vacancies occur, and as things happen, attempt to show a reduction in personnel. Mayor Ferre: Call the roll, AN ORDINANCE ENTITLED - AN ORDINANCE CREATING A DEPARTMENT OF MANAGEMENT SERVICES; PROVIDING FOR THE APPOINTMENT OF A DIRECTORt PRESCRIBING THE FUNCTIONS AND DUTIES OF THE DEPARTMENT; ESTABLISHING FOUR SUBORDINATE SECTIONS TO BE KNOWN AS THE OPERATIONS ANALYSIS SECTION, THE BUDGET MANAGEMENT SECTION, THE COMPUTER SYSTEMS DEVELOPMENT SECTION, AND THE INTERNAL AUDIT SECTION; PROVIDING EACH SUBORDINANTE SECTION TO BE HEADED BY AN ASSISTANT DEPARTMENT DIRECTOR; PRESCRIBING THE DUTIES AND FUNCTIONS OF EACH SECTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH Was introduced by Commissioner Plummer, and seconded by Commissioner Gibsonisaikdnpassed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. DISCUSSION OF PROPOSED DEPARTMENT OF HUMAN RESOURCES 43, DEFERRED WITHOUT ACTION This item was deferred to December 2, by a unanimous vote of the Commission, said motion being introduced by Mr. Reboso and seconded by Mr. Plummer. RECOMMENDATION OF BOOZ-ALLEN AND HAMILTON 44, FOR REORGANIZATION OF CITY GOVERNMENT DISCUSSION AND DEFERRAL TO DEC,2 Mayor Ferre: Let's take up item 11 B, Mr. Andrews, Mr. Andrews: I am going to ask since I have been involed in this HO I guess I get carried away, in all these matters, ask Mr. Stew. Matlins much, to make 7a NOV 211974 • any additional presentation that is need. I have made my feelings known, and 1 think this is a very important function and I am going to tell the Commission that it is going to require funding by 1976 in order to snake this function operate properly , of $250,000. this first year we would be expending about $30,000. which we have budgeted to begin getting this department together and getting it off the ground, and it is going to take some time after the appointment of a director to begin assimilating all of the existing functions within the city to get the department under way, but I think it is very important step for the city, extremely important, and you can forth and tell them once again, because I think it is better heard from you than from me. You are going to leave us one day and that day isn't too far off it appears, and you are here and you are advising us, then you are going to leave and I feel that you have professionally tried to advise the city as to what is best for the city based on your experience and exposure to many cities which you have helped around the country, not only cities but other governmental agencies, you have been here for 2 1/2 years, you should be thoroughly acquainted with our problems and I think it is better coming from you than from me. Mr. Stewart Matlin: Members of the commission I'll be very brief because there is nothing I can say that I haven't said many times before. We are dealing here with the department of Human Resources, --we are dealing with the city's greatest area of expenditure, its people. We are dealing with what we are going to do to develop them as people, and what we are going to do to insure that the citizens of the city of miami have the best quality and quantity of services they can obtain for their tax dollars. Those services are almost wholy people based, how we manager those people, how we develop those people, how we recruit and retain them, is the crux of the entire service delivery issue. The conflicts over the department of Human Resource services are clear, the memorandum distributed today by the Civil Service Board raises some additional points in relation to the specific ordinance that has been proposed, I can only go back to something that Rev. Gibson said earlier, if there are some things you don't want to do, that you feel are appropriate, well,let's not do them, but can we go forward with the things that should be done, can we go forward with the things everyone agrees are needed? Because the interesting point here is that no one to my knowledge and we went through a rather extensive process, has disagreed with the substance of the report, --with the identification of need, and with the development of general remedies, although there are disagreements about certain specific remedies, although there are disagreements about certain specific remedies. Issues seem to center around who will do it. There is no question about the need to do it. All I can suggest to you is that we have been talking about this for almost a year now, and that it would seem to be an appropriate ti.me to make a decision as this directly parallels the management services department, and would give the city Manager the tool he needs in this area. As we said in our report, placing the new Human Resources Services Division under the administrative control of the City Manager is managerially the most sound and rational approach. The Manager is accountable for service delivery, and his accountability has been something that has been quite clearly demonstrated here over and over again, in the last several months. The delivery of services is personnel based, he therefore must have administrative control over the resources required to produce the services for which he is accountable. The administrative control must be exercised within the constraints of a carefully protected merit based Civil service system, under the review and authority of a strong and independent Civil Service Board and commission. All of these essential elements of a system of checks and balances are provided in the Human Resources Management system recommended in our report. I go back to conclude to just one sentence, if he is to be held accountable. he has to be given the tools to do the things that need to be done, for which he is accountable and rationally, if no other way, if you don't give him the tools you can't hold him accontable, and as the chief executive officer of the city, he is the place where the accountability must rest. But he can't do it alone. Thank you. Mr. Robert Paulk: Mr. Mayor and members of the commission, the Civil Service Board is very concerned with regard to the development of the Department 74 NOV `1 1 S746, • of Human Resources and I don't believe there is any selfish motivation, there is nothing to be gained by any individual of that Board with regard to the slavation of the Civil Service System. We are concerned with what the Charter provides and its dictates to the Civil Service Board and what it is expected to accomplish. It is all spelled out in the Charter. We can see that there are things within this proposed ordinance that the Department of Human Resources would be charged with carrying out, under the rules of the Civil Service Board and under the Charter. But the Civil Service cannot relinquish those things that they are duty bound to carry out under the Charter. These are the things they must accomplish. If changes are desirable, no one fights change just for fighting change sake, ----if it is desirable, put it to the people. If that is what should be done, put it to the people to change the Charter, so it may be done in that way. We think the Civil Service Board has done everything that it could in trying to maintain its operation, and recruit people for the City of Miami for employment. We have some fine departments in the city government. And we have transferred some fine departments from the city to Metropolitan Dade County. We are very concerned about this. I have no selfish interest, there may be those who think I am concerned because of the position I occupy, but nothing could be further from the truth. If it were the commission's thought that that were the fact, I would tender my going back to the Fire Department from the Civil Service Board as their executive secretary to the Board at the very next meeting. I have no selfish motivations in my concern about this. If this is the thought --I wouldn't think to be the thought, but I assure you, I am sincere about this, we have a good civil service 'system, we've made every effort to do what is expected of us under that system, ---- yes, there are some pitfalls, and Booz-Allen has put their finger on them so some extent, not just on our civil service system, but throughout., City government. We have some pitfalls that we are attempting to remedy, --have attempted to remedy. They have identified some problems and have indicated through re -structuring and re -organization, that these problems can be resolved yet I don't see the answers, except through re -organization, ----I don't see what can be done precisely about certain things. It isn't there, they have high -lighted certain pitfalls. Yes there are some, there are some we can do nothing about, absolutely nothing, such as veterans preference in employment, veterans preference in promotion, there is nothing we can do about that. That is a state statute, and a statute that we are compelled to abide by. That is just one example and there are many others. But there are things that can be done. The Civil Service Board is willing to sit down with the City Manager, with the City Attorney, with anyone from this commission, and try to determine what the problems are and work out solutions to it withing the framework of the government organization as it exists, insofar as civil service is concerned. We are not opposed to reorganization of the City Manager's staff, there is no opposition to the bulk of those things that are being spelled out in the Booz -Allen report, but there is concern about what damage may occur with regard to the Civil Service System, with what is being spelled out. There is duplication contained within this ordinance, duplication with service rendered in a new department of service already rendered within the Civil Service office , means one thing, there is going to be unnecessary money expended in the carrying out of that mission. I think that is false economy. It is false economy. I have discussed with the City Attorney's office the fact there is duplication in the proposed ordinance and it has been indicated to me that I am correct. I am con- cerned with the savings clause of that ordinance, and the repealing of any ord- inance in conflict with that ordinance. There are many things within the civil service rules that were passed by the Civil Service Board and also passed by this Commission in ordinance form, and I don't know what that savings provisions would represent in the amendment to the Civil Service rules. If there are things in the Civil Service rules that should come out, let's remove them. Whatever needs to come out to make a better government, more efficiency in government to provide better employees and better efficiency for the citizens of the City of Miami, let's make those changes under the current system. The Board is not opposed to that,I don't believe the employees are opposed to that. We have been involved in the testing and the personnel work of the city of Miami for many years, developing examinations, recruiting testing people, establishing registers, these are the requirements of the Charter. We didn't wait, the Civil Service board, to make some changes by law, private industry and other governmental agencies had to do. I can recall when I Q were required to pro- motional exams. The Civil Service Board in 1966 knocked those things out. That was a step ahead of the Power decision, that had a binding effect on all employing agencies, private. So these are things we are concerned about. We have had a progressive civil service system. We think it will be destroying the faith and confidence of the employees, if it is set aside, and I know that 75 NOV 21 19T • Mr. Mattin is indicating that isn't the desire, but by the very design, of this ordinance, it will do that. I have submitted to each of you, n copy of a memorandum which the Civil Service Board directed me to send. 1 don't know it is necessary to read that. It is rather lengthy but I trust each of you will read it, because there is a lot of thought that went into it, with regard to what is under way here, before you make a decision as to where you go in the development of the passage of the ordinance in its present form. Thank you. Mr. Andrews: Mr. Mayor and members of the Commission , I have only one comment in relation to the comments that Mr. Paulk had, ---and please, Mr. Paulk and I as far as the two associates, we are almost as close as friends can get, but I think his presentation in terms of the Charter conflict ;:ust don't exist. The City Attorney would nave.never drafted this ordinance and presented to you if there was any kind of conflict with the City Charter in terms of the creation of this department. I see no conflict with the Charter from what the Charter is required, ----its requirements of the Civil Service, --that function will be preserved, the Civil Service Board will still function and perform the duties that it is.performing today. Mr. Paulk: Mr. Mayor I find it is necessary to read into the record this; entire letter: 4 CITY OF MIAMI. FLORIDA 1, INTER -OFFICE MEMORANDA r TO The Honorable Maurice Fevre, Mayor The Honorable Manolo Reboso, Vice Mayor The honorable Rose Gordon, Commissioner The Honorable J. L. Plummer, Commissioner The Honorable T. R. Gibson, Commissioner rloMt Robert L. Paulk, Jr. Executive Secretary Civil Servi.ce Board DATE: November 20, 1974 FILE: suaJECTI Proposed Ordinance Department of Human Resources REFERENCES: ENCLOSURE.' It is not the intent of the Civil Service Board to belabor the Commission with repetitious comment as to the proposed creation of the Department of Human Resources, as we have previously submitted to the Commission a complete resume of our agreements and disagreements with the Booz-Allen report. 1•1e do feel that it is necessary for the Board to repeat that there are certain areas spelled out in the Charter and the Civil Service Rules of the City of Miami which invest upon the Board and the Chief Examiner. a member of the Board, the responsibility of the supervision and formu- lation of examinations, with a staff provided for by the necessary funds appropriated by the City Commission. Under the proposed ordinance it would take a Charter change and changes of the Civil Service Rules which must he initiated by the Civil Service Board in order to avoid the duplication of services which will he enumerated in the following paragraphs. The citizens of the City of Miami adopted Civil Service provisions in the Charter by 'eyislative enactment and referendum. Ye, the Board members. unanimously feel that by enactment of certain sections of this proposed ordinance it will accomplish the complete disembowelment of the Civil Service System of the City of Miami. 76 211974 • •• Every Commissioner .and the Mayor of the City has, on numerous occasions, stated that Theli��•e also .�� t e employees were the finest of any municipality in the country. y stated that it was their belief that it was due to the hCiviltrService d Sys ft el, whithout ch provided job security and promotional opportunity, fav,.rit:sm or political. influence. One only has to took at the many fine clrpir.tments ,if the City. as well as the many fine departments that have been transferred to Metro- iNoiitan Government, to he aware that the Civil Service System has not failed in its responsibility to the citizens of the community, to the administration. or to the rapt ee. We do, however, recognize that there have been shortcomings and needed rovements and we have made strides to bring abo'ttthe t�el imins weationnl fy thesein core Cu+Hilt;;:.. We stand ready to cooperate to thesand others to continue to brio; about i nst. ei th the Commission, the administration, the improvement in the efficiency and cost of government. We fully feel that the preseet City Commission of the City of Miami does not wish to be the pallbearer nE the fine Civil Service System of this City. We further feel that any changes in the Civil Service System should. be done by a change of the Charter, voted on by the people in a referendum. It should also be noted that the citizens of the City of Miami rejected a proposed Charter change establishing Deputy City Managers, which would have done nothing more than to continue to change the government of the City of Miami into a textbook bureaucratic administration. In reviewing the proposed ordinance relative to the creation of the Department of Human Resources, we wish to reiterate that if the following sections are adopted, it will only create duplication of services with no facilities for checks and balances. Under Section (d) on Page 2, the field work required to define complete current data on position descriptions is administered in the Classification Section division of the Civil Service office and the Civil Service rules provide for the maintenance of classi- fication information on all positions. Under Section (e), employee personnel records alluded to are presently maintained in the Civil Service Office and are extremely vital to .the carrying out of the require- ments of the Charter in the processing of applicants applying to take examinations, and, in addition, to the processing of employees seeking promotional opportunity through promotional examination. Under Section (j), the Civil. Service Officer, under the Chief Examiner, is responsible for the development of examinations in all tests and presently relies upon the various departments to assist in identification of data which is relevant, to be used on examinations and examinations' content is frequently di.scussed with the departments affected to determine whether the material is current and up-to-date. Under Section (k), it would seem that this would be a vehicle to squeeze the Civil Service Office in its ability to have adequate personnel to do its job and be reliant upon the Human Resources Department to provide the necessary personnel to carry out its Charter requirements. Under Section (l), in the carrying out of the requirements of the Charter, it is the function of the Civil Service Board staff, through its office, to notify applicants as to when examinations are scheduled. as to their placement on registers following examination. and notifying them for appointments of interview within the various de- partments where vacancies exist for potential employment prospect. Please be advised that it is the opinion of the Civil Service Board and myself that the very mention of these things within the development of the Human Resources Depart- ment. in assigning that department the task of carrying out these missions, would be a duplication of effort as these are requirements of the Charter for the Civil Service Board and its office to carry out. RLP:bds Mr. Paulk: If it is desirable to do it in a Human Resources Department, and that is what is really needed, in order to make these accomplishments, then change the Charter, eliminate -it. And I am not encouraging you to do that. We have some fine people who have come up under the Civil Service System and your chief executive is one of those. There are many other and there will be many others in the future. We have some problems, we are willing to work them out, and will work to the best interest of the citizens of the city of Miami, not just for the employees, but in its entirety to provide the best employees we can to carry out the missions required, for the citizens. 77 Nov 211974 There are conflicts, Mr. Matlin. We just don't see it. Mr. Matlin: I'd like to point out throughout this long process of both Mt. Paulk and members ofithe Civil Service Board have been most cooperative in their helping us to see the.nga and thinking this through and talking this through. There are 12 captioned items in the proposed ordinance. The Civil Service Board questions 5 of them, --am I correct in assuming Mr. Paulk, therefore the Civil Service Board has no objections to the other 7? Mr.;Paulk: Mr. Matlin, that is not our endeavor. I think some of those things are very desirable, the training. There are several things covered thaE are excellent, and they need to be accomplished, yes, and we have no objections to that. Mr. Matlin: Would it be appropriate then, giving the long time in which this has been discussed, as we have narrowed the issued very specifically here, and I may be out of order as I am not aware of commission procedures, to propose the enactment of this ordinance, with the 5 sections questioned by the Civil Service Board deleted at this time, so that they may be discussed individually and proposed individually after they are resolved by the parties involved to the commission one by one. But there are 7 things which apparently are in complete agreement about. Why not move ahead with them. Mr. Plummer: Mr. Matlin, let's also lay it on top of the table too, maybe there is no opposition on his part or the Commission and we say these things are needed, but there is also discussion and disagreement as to whose authority it will lie, so there is two points here to the question. Rev. Gibson: Mr. Mayor, I want to say something that does not deal with the point at issue but with some comments you made Mr. Paulk, and it disturbs me, and also brings up a negligence on our part, and we the commissioners ought to carry some of this blame. What troubled me was, when we advocated a change of the creation of deputy city manager, Mr. Andrews, you could look up for this, and not down, Mr. Lloyd, you can look up and not down, and you don't have to talk to anybody else while I am saying this. Unfortunately for me, I had difficulty in understanding why we, the commission, Mr. Mayor, since you are our leader, did not take a forthright position with the public and say, either say or not say, the deputy city manager was one way of up -grading our administration. Mr. Paulk, I hope when and if the times comes, that all the commissioner up here who see that this is a good thing for the city, would get up and educate the people. You see, I have difficulty in understanding how nobody says anything and we went to the public and said, look baby, there it is on the ballot, you interpret what it is. You see, -----if we had done that some of you would have wanted to regurgitate around here, wouldn't you? I am sure you would have, and all I am saying is, I have a sense of right and wrong and fair play. 1 am not saying the other don't, but I find it diffucult, that here is a public that it is not informed when we have had this, playing with this for a whole year, literally, and some of us can't agree. I just wonder what happened when the public read it, and all they :were to do was to pull a lever and it meant nothing to them, and we lost it by a 201 vote, that is getting it done, and we say that the deputy city manager, we admitted here earlier, that there was nothing wrong with giving Mr. Andrews the assistants he needs to carry out his duties and responsibilities. You see, I am saying that we the commission was derelict if this is the way we felt, and we should have resolved the issue before we went to the public on the ballot or while it was on the ballot. We should have campaigned saying to the public, that this is a good thing for the city and I hope Mr. Paulk, if when this commission takes position on some of these items where you all say apparently, you agreed on 7, and not onf some of those others, that we equally as energetic telling the public where we stand. Mr. Frank Williams; I am Frank Williams, President of G.E.A. and it represents about 900 of the people that are going to be affected by this and I only have words of caution and I feel that my fellow organizational presidents will join me with these words, and it is going to be short. There is not that much wrong with our system we have today, to fool around with the idea of probably disrupting the check and balance system we have today, and if anybody thinks that the American government check and balance system doesn't work you only have to look at Watergate to realize that 200 years ago 78 NOV 211974 when they formed our government, and net in the check and balance system they either were awful lucky or had a lot of foresight, and I think maybe the same thing applies to our founding fathers of the City of Miami that they had foresight too. You hear a lot of things about enlightened leadership and leadership is nothing more than a leader who finds out what the problem is, I think leaders and Mr. Andrews knew the problem before Booz Allen told him about it, and he got saddled with a lot of problems that, --------probably the previous management was remiss in his responsibility, and'I started to say one thing about the item 11A. I should have been up taling for that too, knowing the problems that management has, our manager has, --what is wrong with our system right now. Off hand I can think of training and safety program that died, was killed, because it wasn't funded, and recruiting, going out and getting people. A year ago that was a problem, today we dont have that problem, recruiting, -----information and contact officer, I think is part of the job in this new department. Right now, the SEA the Union and the firefighters and the police organization are all performing this function, ---we will continue to do it, --information on pension items and hospitalization and things like that, we'll continue to do it, but we have some caution, some worries about it, we would like to get out from under this, we do agree that this is something that management should do. I am getting too far afield here. My members and I am sure the other organization members have some fears about this, and not just because we work for the city. I think all citizens of democratic types of government fear this, they fear more power in the executive branch of the government, then they fear their ability to fight back when the executive branch does something to them, or exercises their appeal process. Then they are also,and I am going to modify this, --this was the note I put in there before I realized that 11A was involved it, --suspicious of management not being able to function under the present system. I don't want anybody to think that that's something to get Mr. Andrews, I think he got saddled with the system, and he is entitled to change it, and that is why I thoight 11A ---- I should have spoken on that too. We go down back to the red flag that was waived about Civil Service coming into existence through the turn of the century because of the 'spoil system', --along about that time something else was happening, that the government was changing and we had commission concept with commission of roads, and that was the spoil system but while the civil service was developing, we had the managerial concept in government, the strong Mayor or the professional manager, or a strong governor, so a word of caution, do we want to take the spoil system that we worried about in 1905, because the politicians were running it then and now tranfer it to a manager? The manager is developed along with civil service, and now we might be a giant step backwards. These are still words of caution. Don't disrupt the balance too badly and I don't think the problem is as great as it is indicated. Thank you Mr. Matlin: I don't agree with everything you said sir. You did what I hoped to do next, and that is to list what we are really talking about. What are we talking about, ---in the 7 items that not in dispute. We are talking about providing personnel information and support services to all city employees. It is not done out of one centralized place now and it needs to be done. Mayor Ferre: Why can't we centralize it where it is now. Mr. Matlin: It isn't any place now. Mayor Ferre: That is a shortcoming you ought to address yourself to Mr. Faulk. Mr. Matlin: And these other items, B, C and the 7 others that aren't mentioned in the memo are almost motherhood items. They are things that are now still within the responsibility of the city manager, right now, and it is just a matter of pulling these things together in one place and getting a professional personnel administrator, ---we are not talking about disrupting the Civil Service System, we are not talking about changing the Civil Service system. Mayor Ferre: The problem is that not everybody agrees with that thinking. Mr.Matlin: I have noticed that over the last year,----- Kr.Plummer: It has been said but I don't think it has been reiterated, 79 NOV 211974 —you know I said at budget time, and you wetn't here, there is no restraints shown in the operation, finaneially of this city. We are going to the poor house, in a cadillac. Now, you readily admit, or the manager did, this is an additional department for an additional 250 thousand dollars. Stew, where does it quit? How much government tan you pile on top of government ? Now, that is mine, I am ultra conservative when it comes to dollars, mine or taxpayers, and I just think somewhere along the line we have got to evaluate something more important, that you have addressed, and that is utilizing the personnel we have got now before we start adding more on the top. Mr. Matlin: I have another client who runs a number of commercial businesses all of which he owns, and I reminded of a conversation I had with him last week, where we were looking at several of the businesses and he rune all of them himself. They cover 10 countries and 4 cites in this country, ----the last 20 years, he has had a banking relationship with one of the most prominent banks in the world, the most prestigious bank in the world, and we discovered that during this time period when he had no controler or treasurer in his company, that he had lost on his cash flow, an average estimated of $600,000. interest a year, and we went to his bank and -said to the bank, what is going on, gang, and they said you never asked us. So we got that straightened out, and we said to him, what you need is a treasurer. They said I am losing money, how can I afford a treasurer. I have the same answer for you I have for him. I don't see how you can afford not to have one. Mr. Plummer: I don't see the same parallel. Mr. Matlin: You are not taking advantage of your opportunities to maximize or, ---use of your people, by depriving yourself of certain tools that are common everywhere else in this country. Mr. Plumper: Stew, how did we operate so many years without them? Mr. Andrews: The fact that the city operated for all those years without doesn't denote that that is an effective way to operate. Nobody has ever gone and measured if that was the best way to operate and that is what they are intending to do. Mayor Ferre: Let me ask you something, in your own business, the invention of formaldehyde changed things, didn't it? Mr. Plummer: No, not at all. Mayor Ferre: I think that just because something has not been tried before doesn't necessarily mean that it is bad, so that argument does not impress me. I think Mr. Andrews, we cannot swallow and digest all these major changes all at once. I for one, am for A and I would go for C and I think we ought to bring up B again in perhaps a few months and see how things are going, by that time we will have a new police chief and I hope we will have a new direction in the police department, and in other matters that are pending, then we can discuss this further. That is my personal opinion. This is not the time. Mr. Plummer: Are you making that in the form of a motion? if Mayor Ferre: I'll accept it somebody wants to make a motion , that this matter be deferred for further consideration at a later date. I understand your point, we are not through discussing it, in the meantime I would commend Mr. Paulk, civil service program. to improve, in those areas that need improvement. No department is perfect, no function by your own admission, there are many things that need changing and improvement. I think. --- speaking for this voice on the commission, you see the handwriting very clearly on the wall. It is time to change, it is time for improvement, this is change time around here. If you don't do it, somebody else will do it for you. Mr. Plummer: Yes, the federal court. Mr. Andrews: Mr. Mayor may I make this last comment because Paul Andrews or his staff have nothing personal in this, --I am only looking out for the best of the city, but I think the commission through the urgence of Commissioner 8 0 NOV 211974 PiumMer had put me at least on a basis of demonstrating that the adjustments that will be approved by the commission have to stand on their own. The charge then t think you should Brake is civil service, ----is that these areas that have been identified, in these programs, that they be instituted but it be del nattated that they should not be done with any increased dollars, yet the activities that are identified that are need for the city be accomplished if they are charged with the mission then let them get started and produce this but at no additional cost fot the taxpayers. Mr. Plummer: You have a good point, ----we will think about that. Mayor Perre: I think that is a pretty good statement, why don't you have that typed up and read that and study it very carefully. Mr. Plummer: I think what you should do Mr. Paulk is go back and see how many of these things that you can incorporate in the civil service system. Mr. Paulk: Mr. Mayor, may I respond to that. We have 17 people in the Civil Service office and that is it. Mr. Andrews: That is all I have on my staff. Mr. Paulk: Mr. Andrews, the function you have on your staff of 40 or better and they are not upstairs, and I realize that, ----they are in various other places, but training is something that has fallen under your staff in the past. And it hasn't been done, and I am not criticizing you for it. Mr. Andrews; I understand, ------- Mr. Paulk: There are so many things in here that the Booz Allen people are going to help people such as your under C for instance, your new assistant city managers, if it is adopted, under A, under the 'management resources, that are going to receive some training to be able to h►1p carry these mission out. You are putting something on and here you are some forty thousand dollars, ----that is coming in to help the managers office to develop a new department, and you are going to tell us we are going to operate on what we have got and be able to produce what you are talking about. It is impossible, we don't have the staff to do that, we need more staff in order to carry out all the missions you are talking about here. It can't be done. Mr. Plummer: But the difference is, can you do it for half of what is proposed here by no duplication. Mr. Paulk: Yes, ----- Mr. Plummer: That is what I think he was addressing himself to. At least that is the way I wanted to interpret what he said. Mr. Paulk: It is physically impossible, ---------we are already understaffed to carry out what we are doing, frankly. It has been historically throughout this land that the personnel effect, the personnel offices of any governmental agency, and even private enterprise has been understaffed to carry out their mission, and I don't think they will tell you any different. Mayor Ferre: I get your point but we are not talking about that right now.Is there a motion to defer this item? Mr. Plumper: I don't think it is necessary. Mayor Ferre:Uow are you going to leave it. Mr. Plummer: You just don't act on it, that is all. i DECLARE INTION OF CITY COMMISSION it CITY TO BECOME MEM BER 45' 1(1tRNA 'IO LEA • IJF OF CITIES Mayor Perre: While Lew Price is here. We had 35 members of the Council yesterday, and I think it was one of the best Meetings of the Council Corps. I understand they have never had gotten 35 people together, and it was quite successful. One of the things they brought out was that we are not members of the International League of Cities and the International Conference of Mayors, which happens to be meeting this week -end in Mexico City. Now I think since we are the gateway to the Americas, we do have all these increasing relations with the Mayor of Caracas; the Mayor of Santa Domingo; the Mayor of Bogota, and all these Plummer leading the group of people down to our sister City, that we really should become active. At one time we were, we dropped out it cost $30b, is that right Lew? Lew Price: I'm sure it is between $300 and $500. It is not very much. Mayor Ferre: I think that it is certainly worth the money. Certainly this City that claims to be the gateway to the Americas, should be a participant in these types of activities and I strongly recommend that we go on record and rejoin that International League of Cities. There is a motion - there is a second. Is there further discussion. Call the roll. Mr. Price: The City should belong because it gives you a lot of economic information pertaining to the world situation which I think Miami could take advantage of especially in the field of trade and commerce and I think the City should belong to any international organization. You have to be on top of this information to take advantage of certain things that are happening. We are members of the American Municipal Association now and this is merely the International part of that. r Ferre: This is international, now just latin america. Mr. Price: It is world wide association. Mr. Plummer: If we get one convention out of it, its more than paid for itself. Mayor Ferre: And the goodwill it does for the City of Miami. Mr. Price: Iurge individuals and members of the Commission to attend these things because you get a great deal out of it, for the community. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1288 A MOTION DECLARING THE INTENT OF THE COMMISSION THAT T THE CITY OF MIAMI BECOME A MEMBER OF THE INTERNATIONAL LEAGUE OF CITIES Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 82 NOV•1;;;zi FO V M YOR LI gab CITY ATT D$CONFERENCE OF MAYOR'S AS .CITY 1/EPRESERTATIVE Mayor Ferre: There happens to be a meeting in Mexico City and t think if ire join we should have participation and I would recoamend - I can't go as Mayor, but as a Vice Mayo:- - I don't know, this is kind of short notice but if you tan make it, I think it would be a great thing at this particular tine for the City of Miami to be represented. We have to pass a Resolution. There is a notion and a second. Call the roll. The following notion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1289 A MOTION DECLARING THE INTENT OF THE COMMISSION THAT VICE MAYOR MANOLO REBOSO ATTEND THE INTERNATIONAL CONFERENCE OF MAYORS AS THE CITY'S OFFICIAL REPRESENTATIVE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. DISCUSSION OF FINAL DATE FOR DISTRIBUTION OF FED,REV,SH.FUNDS 47, FUND LEGAL SERVLCES PROGRAM maim TO FIRST OF THE YEAR 0 mr Mr. Plummer: Mr. Mayor, the problem that vas brought to my attention today vas the legal services. We only funded for 30 days. Mayor Ferre: Then fund for another 30 days. PIr. Plummer: I'll make a notion at this time that we allocate from the Revenue Sharing Funds an additional $5000 - we better make it $10,000 to carry until the first of January. Potion seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1290 A MOTION DECLARING THE INTENT OF THE COMMISSION TO ALLOCATE $10.000 FROM UNALLOCATED REVENUE SHARING FUNDS FOR THE PURPOSE OF ENABLING THE LEGAL SERVICES PROGRAM TO CONTINUE IN OPERATION UNTIL THE FIRST OF THE YEAR. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Coestissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferro : Mine. 3 NOV 211974 1i8, AGRE NT-KEITH MATTISON -STRATEGIC PLANNING PROCESS FOR THE G t tY n� M1 AMt ELILI CE .bEPARTMENT Mayor Ferre: Mr. Andrews, will you explain Item #23? Mr. Andrews: This is part of the eight positions that the Stanford Research Institute has recommended for the modernization of the Department. Two of those - it is proposed to be accomplished through contract, and the other six are being achieved through the Civil Service. Mr. Paulk has the specifications and they are preparing all the information so the balance of the sixth positions can be filled and these eight important positions will be created. Mr. Mattison is a Senior Consultant with the Stanford Research Institute. They have made arrangements for him to be absent from his firm for a period of one year, in which he would set up the Office of Strategic Planning within the Department. Mayor Ferre: Who was? Mr. Andrews: M. Keith Mattison of Stanford Research Institute has gotten a leave from Stanford Research Institute to set this office up. He will step away from that position at the end of the year, and prior to the end of that year, we will be in a position to find a replacement for him through the Civil Service office and hopefully the last two months or so, he will go through a training process; but Mr. Mattison is highly qualified and highly recommended and that is the reason the matter is on the agenda. Mr. Plummer: How much? Mr. Andrews: $26,000. There is nobody within the Department who can handle the job. Mr. Andrews: No sir. Mr. Plummer: He makes as such money as a Major. Mr. Andrews: What I want to tell you was that we are probably hiring him at a much higher rate than we will be able to get a person through Civil Service, but he is such a high caliber person that to have him available and establish the office, is worth it at this stage. Mrs. Gordon: I'll move it. Mayor Ferre: discussion on Item Mr. Andrews: Let's make it from following year. We have a motion and a seoodd. Is there any further 23? Call the roll. We have to put the period in the Resolution - for one year. the first of December through the first of December, the Mr. Lloyd: Will you do that Mr. Clerk in the Resolution? 84 NOV 211974 The following resolution was introduced by Commissioner Gordon who roved its adoption: RESOLUTION NO. 74-1291 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERIC TO ENTER INTO AN AGREEMENT WITH KEIT'H W. MATTISON TO PROVIDE STRATEGIC PLANNING CONSULTANT SERVICES TO THE CITY OF MIAMI POLICE DEPARTMENT FOR A TWELVE MONTH PERIOD BEGINNING DECEMBER 1, 1974 AND ENDING NOVEMBER 30, 1975, FOR A FEE OF $26,000.00 PROVIDED THAT THE CITY MANAGER DETERMINES THAT FUNDS ARE AVAILABLE FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. �, AUTHORIZE CITY ATTORNEY TO SECURE SERVICES OF • 49. EUGENE P. SPELLM V SPECIAL COUNSEL TO LITIGATE CASE IN PROPOSED .GOVERNMENT CENTER TRACTS Mr. Lloyd: The first item is special counsel to conduct the trial of the Government Center condemnation which is a trial involving eleven parcels which are left in the tract for the new City of Miami Police Department. As you know, the trial embodies the amount of money which will be paid for the remainding eleven tracts. The declaration of taking having been entered on May 31, 1973. We were finally - pursuant to the Commission's direction, I did procure a continuance of. the trial until December 2 from Judge Testa, so that we could attempt to get the services of Special Counsel. We have procured the services of Mr. Eugene Spellman, a distinguished trial lawyer in the City of Miami, who also does condemnation work. He was recommended to us by Mr. Joseph Komansky, the condemnation specialist for the County, and the memo that I passed out to the City Commission provides the basis for his fee and for the contract. It is quite clearly spelled out -- interrupted by Mayor Ferre: The memo is very clear. I commend you for finding someone as capable of Mr. Spellman. Let's see if we get a motion -- Mt. Lloyd: There is a Resolution authorizing and directing the City Attorney to secure the services of Eugene P. Spellman, Esquire, as special counsel to litigate the case of the City of Miami vs. Marjorie E. Wilson, Civil Action No. 73-788. Mayor Ferre: There is a motion and there is a second. Call the roll please. 85 NOV 211974 The following resolution -was introduced by ComMlssioner Plummer who mowed its adoption: RESOLUTION NO. 74-1292 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO SECURE THE SERVICES OF EUGENE P. SPELLMAN, ESQ., AS SPECIAL COUNSEL TO:LITIGATE THE CASE OF CITY OF MIAMI V. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788, UPON TH$;TERMS SET: FORTH HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN. EMPLOYMENT AGREEMENT WITH MR. SPELLMAN FOR SAID PURPOSE; AND AUTHORIZING AND DIRECTING THE • FINANCE bIRECTOR TO ALLOCATE FROM•THE 1972 POLICE FACILITIES BOND FUNDS THE SUMS REQUIRED IN ACCORDANCE WITH THE CONTRACT AND •TO PAY SAID SUMS TO MR•. SPELLMAN.' (Here follows body ef.resolution, omitted here aid on file in the - Office of the City Clerk) Upon being seconded by 'Commissioner Gibson, the resolution was passed and adopted by the following vote:• - AYES: Commissioner J. L. Plummer' Commissioner Rose Gordon • Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. • Mayor Ferre: The City Attorney and I got together to discuss procedures on this, and I think it is important that we share this with the Commission. There were some people that were willing to settle'and the settlements weren't that unreasonable, even though they were 507. over our appraisal, but in a private business, that would be a reasonable settlement for that type of a property. I think however, under the circumstances, that the only fair way to do this is just to put them all together so there can be no criticism of any settlements and just to proceed to try all of them together, and I just want to share that decision with the City Commission. What else have you got? :50. CLAIM SETTLEMENT - STEVE AULETA Mr. Lloyd: This next.one.is a proposed resolution settling an alleged Police brutality case brought by Steve Auleta against the City of Miami - a .minor through his father, and Officers willis Jewett and Luis Rodriguez, which alleged that on December 9th, the City through said police officers unlawfully 'arrested the Plaintiff and another juvenile and maliciously assaulted the 'Plaintiff. They sued for damages in excess of $5,000. The independent investigation for this Department indicated that the testimony would be from the Plaintiff and his witnesses to the effect that the Officers went down a dirt road and with excessive.zeal, beat the Plaintiff's 15 year old son and another boy who was in his company. On the basis of what we believe the testimony would adduce, we recommend settlement in the sum of $1,750.00 in full and complete settlement of this cause brought by Mr. Auleta in behalf of his son. This would be a Resolution authorizing the Director of Finance to pay to Steve Auleta, a minor, by and through his father, Alfred Auleta, without the admission of liability, the sum of $1,750.00 in full and complete settlement of his claim against the City of Miami for alleged personal injury Sustained by him upon the execution of a • 86 NOV 211974 • release releasing the City of Miami from all claims and demands. roll. Mayor Ferret There is a motion, seconded by Father Gibson. Call the The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1293 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO STEVE AULETA, A MINOR BY AND THROUGH HIS FATHER, ALFRED AULETA, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,750.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY HIM, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by. Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SUBMIT GRANT APPLICATION TO FLORIDA FINE ARTS COUNCIL FOR 0 51, "ARTISTS IN RESIDENCF CULTURAL DANCE EDUCATION PROGRAM" Mayor Ferre: I am not an officer, but I am on the Board of Directors of the Cuban Cultural Foundation even though I have never attended any meetings. The following resolution was introduced by Commissioner Gibsonwho moved its adoption: RESOLUTION NO. 74-1294 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A GRANT APP- LICATION TO THE FLORIDA FINE ARTS COUNCIL TO INITIATE A PROJECT ENTITLED 'ARTIST - IN -RESIDENCE CULTURAL DANCE EDUCATION PROGRAM" AND FURTHER AUTHORIZING AND DIR- ECTING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE CONTRACTS AND AGREE- MENTS WITH THE CUBAN CULTURAL FOUNDATION NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) 87 NOV 21197,4 s Upon being seconded by Commissioner Plummet , the resolution was passed and adopted by the following vote: AYES: Commissioner i. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 52, COCONUT GROVE MARINA MODIFICATIONS- DISCUSSION AND DEFERRAL r _ A tf AWARD oze The City Attorney read the proposed resolution into the public record. The matter was then deferred without further discussion. : 53. EXPRESS CONDOLENCES TO FAMILY Of JUDGE JACK FALK b The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1295 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND CONDOLENCES OF THE MAYOR, THE COMMI— SSIONERS, THE CITIZENS AND THE EMPLOYEES OF THE CITY OF MIAMI, TO THE FAMILY AND WIFE OF THE.LATE JUDGE JACK FALK, WHOSE UNTIMELY PASSING ON TUESDAY, NOVEMBER 5, 1974, HAS DEPRIVED THIS COMMUNITY OF A MOST RESPECTED CITIZEN (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. S$ NOV 211374 54, .DESIGNATE E IZABETH VIRRICK AS CHAIRMAN OF COMMITTEE ON ,CAON TO BE RELEASED INMATES OF PENoi INSTITUTIONS Mt. Andrews: We need a motion if you so desire for the appointment of Mrs. Elizabeth Vltrick as Chairperson of the Committee to assist ex -offenders. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 74-1296 A MOTION DESIGNATING ELIZABETH VIRRICK AS THE CHAIRPERSON OF THE COMMITTEE FOR THE SOON TO BE RELEASED INMATES OF PENAL INSTITUTIONS Upon being seconded by Commissioner_ Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The following resolution ,was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1297 A RESOLUTION TO CERTIFY AND DECLARE THE RESULTS OF 'TIE SPECIAL CHARTER AMENDMENT ELECTION HELD ON NOVEMBER S, 1974 FOR THE PURPOSE OF VOTING FOR THE RATIFICATION OR REJECTION SEVERALLY OF THE FOLLOWING QUESTIONS, TO -WIT: (1) "SHALL SECTION 62 OF THE CITY OF MIAMI CHARTER BE AMENDED FOR THE PURPOSE OF PROVIDING FOR THE ADDITION OF THE CHIEF OF FIRE RESCUE IN THE UNCLASSIFIED SER- VICE OF THE CITY BY ADDING THE PHRASE 'CHIEF OF FIRE RESCUE' IN SUB -SECTION (c),..,(1) IMMEDIATELY AFTER THE 'DIRECTOR OF TRAINING IN THE FIRE DIVISION'?" (2) "SHALL SECTION 56 (J) (4) (h) OF THE CHARTER BE AMENDED TO PRO- VIDE THAT ONLY (a) THREE QUARTERS OF THE COST OF SANI- TARY SEWER BE APPORTIONED TO ABUTTING PROPERTY EXCEPT AT INTERSECTIONS OR (b) THREE QUARTERS OF THE COST OF AN EIGHT -INCH SANITARY SEWER EXCEPT AT INTERSECTIONS AS SUCH COST, ESTIMATED BY THE CITY MANAGER WHICHEVER BE THE LESSER) NOT INCLUDING HEREIN THE COST OF LATERALS, PUMPING STATION OR OUTLET BE APPROVED OR DISAPPROVED?" continued- NOV211974 (3I) "SHALL *IONS 19 AND 62 OF THE CI, OF MIAMI CHARTER BE AMENDED FOR TIIE PURPOSE OF PROVIDING roa TTIHE CREATION OF THE OFFICE OF DEPUTY CITY MANAGER WTfo SHALL ACT FOR AND IN THE NAME OF TIIE CITY MANAGER AND WHOSE ACTS SHALL RE AS VALID AS TIHOUGH PERFORMED BY THE CITY MANAGER IN PERSON AND TIIE ADDITION OF THE POSITION OP DEPUTY CITY MANAGER TO TIIE LIST OF POSITIONS IN THE UN- CLASSIFIED SERVICE OF THE CITY OF MIAMI?" (4) "SHALL SECTION 13-A OF THE CITY OF MIAMI CHARTER BE AMENDED 1'OR THE PURPOSE OF PROVIDING THAT IF A VACANCY OCCUR; ON THE COMMISSION SUCH VACANCY SHALL ONLY BE FILLED BY AU AP- POINTMENT FOR A PERIOD OF TIME TERMINATING AT SUCH TICE SUCH VACANCY IS FILLED AS THE RESULT OF AN ELECTION I?:IUD AT EITHER (1) THE ODD YEAR CITY OF MIAMI GENERAL ELECTION AT WHICH ELECTION THE MAYOR AND TWO COMMISSIONERS AF E ELECTED, QR (2) THE EVEN ,YEAR, STATE OF FLORIDA GE TE:2.'-:I. ELECTION AT WHICH ELECTION NATIONAL, STATE AND COUNTY OFFICES ARE FILLED; WHICHEVER IS HELD FIRST?" (5) 'SHALL SECTION 58 (b) OF THE CHARTER OF THE CITY OF MIAMI HE AMENDED FOR THE PURPOSE OF CONSOLIDATING VOTED BOND ISSU S INTO A SINGLE ISSUE WITH THE APPROVAL OF THE C} T i' CIO` 2•'- iS •- SION,DELETING THE REQUIREMENT FOR'PAYMENT IN GOLD COW AND SUBSTITUTING PAYMENT IN,.LEGAL TENDER OF THE UNITED STATES IN LIEU THEREOF?;' i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso,• the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES:. None. N 56, CERTIFY & DECLARE RESULTS OF SPECIAL GAS FRANCHISE ELECTION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1298 A RESOLUTION TO DECLARE AND CERTIFY THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1974, FOR THE PURPOSE OF SUBMITTING TO TIIE QUALIFIED ELECTORS • OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE ORDINANCE DESCRIBED IN THE FOLLOWING QUESTION "SHALL A LIMITED NON-EXCLUSIVE GAS FRANCHISE BE GRANTED TO THE CITY GAS COMPANY, ITS SUCCESSORS OR ASSIGNS, IN THE CITY OF MIAMI IN THE AREA BOUNDED ON THE EAST BY 27TH AVENUE AS TFIE SAME IS EXTENDED NORTH AND SOUTH TO THE CITY LIMITS AND FROM 27TH AVENUE WEST TO THE WESTERN BOUNDARIES OF THE CITY OF MIAMI?" •1 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. N 57, CERTIFY $ ,DECLARE RESULTS _OF SPEC,, AL Boo REFERENDVM ELECTION a . The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1299 A RESOLUTION TO CERTIFY AND DECLARE THE RESI.'LTS OF THE SPECIAL BOND ELECTION HELD NOVEMBER !:, 1974 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. AUTHORIZE TO • 58, LESTERPANCOASTE1 ASSOCIATEAS.FOR GARAGEIAGREEMENT WITH AND SITEWOR z MIAMI MODERN POLICE HEADQUARTERS BUILDING PROVIDING FUNDS ETC, Mr. Andrews: Mr. Mayor & members of the Commission, I sent you a memorandum in,regard to the Police Department Garage and Site Improvement selection of professionals. We received, sent out notices to 33 firms, and I am recommending 3 that I deal with and they are Pancoast & Associates, Dalton, Dalton, Little & Newport and Connell Associates. This is for the garage that is part of the police project. Remember, we received such good ,bids that we took that money and made a decision to go ahead and invest in the garage as a part of the overall project. Mayor Ferret You are recommending 3 firms. This is for the garage at the Miami Police Department. Mts. Plummer: I think this is a dangerous precedent here Paul of you making the selection. Mr. Andrews: No, I am making,the recommendation. • NOV 211974 91 but you are putting the* in this order. )tt. Andrei►s: I have done that before and you have asked me to do that. Mallet today, I made a recommendation which you didn't follow and you changed it around a little bit. That is your privilege of course. Rev. Gibson: I want to recommend the Pancoaat firma, they are already there. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 74-J300 A RESOLUTION AUTHORIZING CITY MANAGER TO NEGOT- IATE AND ENTER INTO AGREEMENT WITH PANCOAST AND ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE GARAGE AND NECESSARY SITE WORK IN CONJUN- CTION WITH THE MIAMI MODERN POLICE HEADQUARTERS BUILDING; PROVIDING FUNDS FROM THE APPROPRIATE SOURCES IN THE AMOUNT OF $2,124,500 TO COVER THE COST OF CONSTRUCTION OF A 350 CAR PARKING GARAGE SITE WORK, PROFESSIONAL FEES AND INCIDENTAL EXPENSES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. N o: 59, MTAMT MODERN POLICE HEADQUARTERS BUILDING & PARKING GARAGE ENGAGE FULL TIME RESIDENT ENGINEER FOR The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1301 A RESOLUTION AUTHORIZING HE CITY MANAGER TO ENGAGE A FULL TIME RESIDENT ENGINEER FOR THE MIAMI MODERN POLICE HEADQUARTERS BUILDING AND ALSO FOR THE PARKING GARAGE AND SITE DEVELOP- MENT; TO INCLUDE ALL THOSE SERVICES NORMALLY PROVIDED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING THE PAYMENT OF A SALARY OF $21,000 PER YEAR; ALLOCATING $31,500 FROM THE PROPER FUNDS 92 NOV 211974 (Mete follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. *- INCREASE ELECTRIC POWER, AIR CONDITIONING AND INSTALLATION `l 60, OF RAISED FLOOR IN EXISTING POLICE HEADQUARTERS COMPUTER ROOM ALLOCATING $11, 000 z The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 74-1302 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SUCCESSFUL BIDDER FOR THE INCREASE OF THE ELECTRICAL POWER, THE AIR CONDITIONING, AND THE INS- TALLATION OF A RAISED FLOOR IN THE EXISTING POLICE DEPARTMENT COMPUTER ROOM; ALLOCATING $11,000 FROM "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" ACCOUNT TO COVER THE COST THEREOF (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. NOV 211974 e C1TY OF MIAMI 61, DISCUSSION OF FUTURE MEETING WITH OADE COUNTY a AND MIAMI-DADE WATER a SEWER te glitidtHARITY Mt. Andrews: Mr. Mayor, we need a decision on the joint meeting with city county and Water and Sewer Board in reference to the transfer of the Water and Sewer Department to Metropolitan Dade County. Mayor Ferre: Mr. Plummer you had better listen to this, -----this is your baby. Mr. Andrews: I attended a meeting at the Water and Sewer Board called by Mr. Murphy --------and I told them that in my judgement there was no hope of really coming to any conclusion unless they had all of the City Commission, as many members of the County Commission that could be present, and all of the members of the Water Board, their attorneys and our attorneys and the county attorney all present in one room and discuss this and come to some conclusion, and Mayor Clark said he will bring the county commission members here to this commission room , they wanted a place to meet and I recommend that you pick some date or handle it any way you choose, but we need to get together and resolve this. An important issue, I may point out to the com- mission is one that affects the entire community, and that is to make a decision on the Virginia Key site so that no matter what other decisions you make, (you might make them all at one time,) but no matter what other decision you make a decision on the site at the Virginia Kay is the important one because this is going to if you are not careful, jeopardize the federal funding, and they are ready to go, to start moving on the plant itself. Mr. Plummer: We are only dollars apart. Mr. Andrews: I know, ------- Mayor Ferre: I like the way you put that, Mr. Andrews: I forwarned them that they talked about the city obtaining the 3rd appraisal and we were discussing the first two appraisals, and I told them very candidly if we receive the 3rd appraisal I am going to insist the appraiser advise the commission as to what 120 acres of sewage treatment plant is going to do to the rest of the entire island. Just not the land itself, it is the effect on the entre island. Mr.Plummer: Where also do we stand on the sludge line? Mr. Andrews: That is to be discussed, and far as they are concerned it is coming down through the city of miami. Mayor Ferre: That is what we have to talk about and the 3rd important area that I told them the Commission would be interested in talking about was an area of, if I may use my fingers, "equity" as far as treatment of the people of the city of miami The people in the city of miami are paying for a Metro bond issue to accomplish some of these sewer improvements, we are still paying on the original bond issue of about ten million dollars left for the development of the plant, rates paid in the city of miami, the rates that are paid in the county, and the Water Board assures us that they are treating us right, but it is a matter of communication and understanding and they are going to try to clarify that. Mr. Plummer: Tell them to put the communication in writing. Mayor Ferre: I think it is important Mr. Andrews, if all these things you have mentioned today, that you write this in a memorandum. Mr. Andrews: I plan to. Mayor Ferre so we go prepared and armed so to speak . I think it is a very important meeting and I hope we will all be there. Mr. Andrews: YOu have the chore of setting the date Mr. Mayor. Mr. Plummer: Mr. Mayor you are not going to settle this now. You can only proffer a date and see, --- Mayor Ferre: We have been trying to do this for two weeks and have not got a date. 94 NOV 211974 Mr. Plummer: I am trying to say, you have to make agreeable to the other parties, You have two large groups involved. Mayor Ferre: I'll have to do it by phone. Mr. Andrews: If I may suggest Mr. Mayor, if you and the County Mayor set a date everyone else will have to conform to ,------otherwise I don't know what to suggest. 62, BRIEF REPORT ny CITY MAt4fGER-LATIN RIVEBFRONT PARK . . Mr. Andrews Mr. Mayor and- members - of the commission, we have gone into this quite thoroughly and partially based on advise from the City Attorney, that at this point in time, to stop the project we will not save any significant amount of money. I am recommending to the commission that we proceed and go through the entire process of determining what the courts would award as far as acquiring this property. Something else has come to light that makes this site more acceptable in that there is potentiality that the city can obtain a $500,000. grant from the State for waterfront parks so we might be able to couple this and are exploring it now, with the funds we have, the $250,000. from the federal government via the State, plus our original $900,000. so we might just achieve it. Mayor Ferre: Paul, you and I know from looking at these figures that we are now talking about a figure that is pushing two million dollars. Mr. Andrews: ---about $1,750,000. Mayor Ferre:You look to see if we can get it from the State or what haveyou, ----- Mr. Andrews: We are ;;otng to be looking at alternate plans in case this falls apart._ 63, BRIEF DISCUSSION -FEDERAL REVENUE SHARING FUNDS FOR ADJUSTMENT IN PENSIONS FOR RETIRED EMPLOYEES Mr. Andrews: The next matter is a resolution allocating, ---- and this would be the one area you would be taking a matter out of .context of the federal revenue sharing moneys, and I want you to hear this, ---"a resolution allocating $19,000. from the balance of the revenue sharing funds and $36,000. from the funds previously budgeted for the 3 deputy city manager positions, to adjust the pention of the city of Miami retired employees. This would provide the $55,000. to go ahead with that. Mrs. Gordon: I have no objection to the $36,000. portion but I think that if certain other matters that we took up today are not implemented you may have that $19,000. already as a resource for transfer to this, and I am speaking specifically about the B portion of item 11, so I suggest we move on the $36,000, portion. Mt. Andrews: Mrs. Gordon, there was $14,000. that was in a contingency fund within the revenue sharing funds. I was taking that contingency fund and adding $5,000. to it, to get the $19,000. • Mrs. Gordon: I suggest you reserve all the revenue sharing you possibly can until after we have our public hearing, because we may find we will need it for something else. Mr. Plummer: Rose you are on thin ice, Mts. Gordon: Yes, but Mr. Andrews is not going to be using the money that item B would have needed to be implemented. Consequently in my opinion he has those funds within his budget right now, that he could transfer from that into this, in the same manner, as the 36,000. 95 NOV 211974 • ram., 64, OFFICIAL ROLL CALL AND DEFERRAL OF ITEM 11B •PROPOSED NEW DEPARTMENT OF HUMAN RESOURCES Mr. Andrews: Mks. Gordon are you suggesting that that would still come from federal revenue sharing funds. Mrs. Gordon: No sir, I am suggesting that the $36,000. that you are switching from the deputy manager portion, that added to that be the amt. of $19,000. from the Money you would have had to use if we had implemented 11 B, which we did not. We dtd not Implement 11B and certainly it would have taken some money to implement it, and certainly would have been more than $190000. Mr. Andrews: There was about $30,000. but I thought the commission was postponing that for two or three months. Mrs. Gordon: No, we didn't postpone 11B, we just took no action, which was not.a deferment. Rev. Gibson: My understanding was that 11B would be coming up again. Mrs. Gordon: No, not Byi-- Mr. Plummer: There was no action. Mayor Ferre: Will somebody make a motion that 11B be deferred. Rev. Gibson: I second it, Mayor Ferre: Further discussion, call the roll, ----- Thereupon a motion to defer Item 11B was passed and adopted by a unanimous vote of the Commission. ADJUSTING PENSION OF CITY OF MIAMI RETIRED PERSONS 65, ALLOCATE $16,005 FROM FED,REV,SH,FUNDS AND ,UUIJ FUNDS PREVIOUSLY BUDGETED Rev.Gibson; Mr. Mayor, I believe it essential that these retirees be taken care of. Mra.Gordon: This has not one thing in the world to do with whether we take care of the retirees. We have all ready taken care of them by resolution. Rev. Gibson: I make a motion and if you don't want to do it this way, okay, I move we follow the recommendation of the manager in getting that $19,000. and $36,000. Mr. PLummer: ----$55,000. total Mayor Ferre: There is a motion, and a second, ----further discussion? Call the roll, Thereupon the following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1303 A RESOLUTION ALLOCATING $19,000. FROM THE BALANCE OF FEDERAL REVENUE SHARING FUNDS AND $36.000. FROM THE FUNDS PREVIOUSLY BUDGETED FOR THE THREE DEPUTY CITY MANAGER POSITIONS; ADJUSTING THE PENSION OF CITY OF MIAMI RETIRED EMPLOYEES (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 NOV 211974 adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: NOne. Prior to casting her vote, Mrs. Gordon made the following statement: I vote yes with the motion but it certainly isn't because I think the retirees Are not going to be taken care of. It is simply because we are taking more money out of the social service program to use for some other purpose when we have the money in the general fund that we should be using it from that area and not from the federal revenue sharing. Mayor Perre: I can't think of a better social program than to take care of our own. Mrs. Gordon: Come on, Maurice, cut it out. 66, ALLOCATE $6,000 To INTERNAT QQ[N�AL M EE Rp gEuE 0SHARING FUNDS TO IMPLEMENT �'HRTl.�L�� A A a 0 The following resolution was -introduced by Commissioner Gibson who moved its adoption: i •• - RESOLUTION NO. 74-1304 A RESOLUTION AUTHORIZING THE CITY MANAGER TO S ALLOCATE $6,000. TO THE INTERNATIONAL YMCA FROM FEDERAL REVENUE SHARING FUNDS TO IMPLEMENT THE "ARTIST IN RESIDENCE CULTURAL DANCE EDUCATION PROGRAM" (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner ;Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. • 67, REQUEST CITY MANAGER TO FIND SOURCE OF FUNDS $15,000 CENTI IDED OPERATION OF GREATER 1ILAML CRIME- COMMISSION Mr. Plummer: Mr. Mayor in the same light, in this same light I was not going to bring it up but since all the rest have come up, yesterday the Manager and I, and the reason I didn't attend that luncheon, was because we went to the crime commission. Mr. Mayor I am not going to sit here and expound to the good work the crime commission does. I think it speaks for itself but those people are in desperate financial condition that I can't think a better organisation recipient with conditions being what they are today, than the recipient of federal revenue sharing from this city to that crime commission. Mr. Mayor I would like to proffer $15,000. figure which is needed by this organisation to continue on for one additional year. I can't thiuk of a more critical time when these people, --their voice needs to be heard. Mrs. Gordon: J. L. did we fund them from the general fund last year? 97 NOV 21.1974 Mr. Plummer: No, we have never funded them Rose, not the crime commission, and if it is in order Mr. Mayor, Mrs. Gordon: J.L. Why don't you let it go till we what we do with the other things. Let's find it from somewhere beside the little bit we have left in federal revenue sharing. We have practically nothing. Mr. Plummer: I think Ehis is the kind of program that that is really set up for, Dose. I honestly believe that. Mr. Plummer: I'll make a motion, if it passes it passes, then I have no objection Mr. Manager if you.find it from some other source. but if not from federal revenue sharing. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1305 A LOTION REQUESTING THE CITY MANAGER TO FIND A SOURCE OF FUNDS IN THE AMOUNT OF $15,000. FOR THE CONTINUED OPERATION OF THE GREATER MIAMI CRIME COMMISSION, SAID FUNDS TO BE TAKEN FROM SOURCES OTHER THAN FEDERAL REVENUE SHARING FUNDS IFPOSSIBLE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. AUTHORIZE ISSUANCE OF AMUSEMENT RIDES PERMIT TO 68, SOUTH FLORIDA MILITARY ACADEMY NOV.29.30 & DEC.1 The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1306 A RESOLUTION AUTHORIZING ISSUANCE OF PERMIT TO SOUTH FLORIDA MILITARY ACADEMY FOR AMUSEMENT RIDES AT 4677 N.W. 9TH STREET ON NOVEMBER 29 AND 30, AND DEC_ EMBER 1, 1974 SUBJECT TO CERTAIN TERMS AND CONDITIONS (Here follows -body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mr. Plummer: You tight let the record reflect Mr. Manager, that on two occasions as I have gone to the carnival at Central Shopping plaza • 90 NOV 211974 and tried to find the trailers in the back and there are no trailers in the back, and I will have to say everything there seemed to be in order and it seemed to be operating very efficiently. Mr. Andrews: From the last report I had, they had not closed that back entrance. Mr. Mauer: I am speaking to the carnival because it was a concern of this commission. a DECLARING INTENT OF THE CITY COMMISSION - IMAM69, TO;RECEIVE , MILLION OF MONIES OWED AND DESIRING ZE SAME REPRESENTATION ON ANY NEW INTERAMA BOARD AS PRESENTLY EXISTS. Mr. Andrews: The City Commission should come to some possitive con- clusion and go on record as to what the city's preference is in reference to Interama. Mayor Ferre: I wrote a memorandum to Mr. Andrews on this, because this thing is getting out on a limb, and we discussed it at the last meeting. We never came to a conclusion!. Let me remind the Commission what the dis- cussion was and what the apparent conclusion was and maybe can formalize it a little bit. The conclusion as I heard was, we first want our 8 and half million dollars. The second choice is, that if we are not able to get the 8.5 million that we maintain representation on whatever Board exists governing that area. I don't think we can go beyond that. Mr. Plummer: The motion is that our position in reference to Interama No. 1,we would prefer to get our 8.5 million dollars and get out, and No. 2, if we don't get our 8.5 million we want the same repre- sentation on that board we have today, and no. 3 whoever takes it over makes a definite, firm commitment that it is always dedicated to public use. Mayor Ferre: Right, those are the three conditions that we talked about last time. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1307 A MOTION DECLARING THE INTENT OF THE COMMISSION WITH REFERENCE TO INTBRAMA THAT THE CITY'S FIRST PREFERENCE IS TO RECEIVE PAYMENT IN THE AMOUNT OF 8.5 MILLION DOLLARS OF MONEYS OWING; SECONDLY IF THIS IS NOT POSSIBLE, THE CITY DESIRES TO HAVE THE SAME PROPORTION OF REPRE- SENTATION ON ANY NEW INTERAMA BOARD AS IT HAS TODAY; AND THIRDLY, THAT THE PROPERTY ALWAYS BE DEDICATED TO PUBLIC USE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 99 NOV 211974 SECOND DISCUSSION THIS MEETING -PROPOSED MODIFICATIONS 70, TO COCONUT GROVE MARINA- DISCUSSION AND DEFERRAL OF ACTION Mr. Andrews: Mr. Mayor and members of the Commission, I now know and understand what the resolution is for this $26,500. for the marine construction. It is in relation to the Underwood property in the extension of a fire line that is critieal, and must go ahead. t'll read the resolution ----"A resolution accepting the bid of the Pool and Kent Company in the amount of $26,500.; accepting the bid of Dock and Marine Construction Inc. in the amount of $8,760. for the construction of the Coconut Grove Marina, modifications 1974, allocating an additional amount of $15,790. from the account entitled capital improvement fund unallocated funds, and authorizing the City Manager to execute a contract with said firms." Mayor Ferre: Do you recommend it Mr. Manager? Mr. Andrews: Yes, we have it here at Dinner Key and it is needed there, we are in violation of the code. Mr. Plummer: Tell me what is going to eventually happen with that property. Mr. Andrews: What I am going to recommend to the commission is that we lease the maintenance facilities out, that we continue to operate the piers as a marina at that location. Mr. Plummer: Who does the maintenance here? Mr. Andrews: When I said maintenance, I mean maintenance of boats, similar to the way they maintain boats here at Dinner Key under concession through these two hangars out here, Merrill Stevens and the new firm, ---- Mr. Plummer: You are speaking about the in-shead,----I am speaking about the outside. Mr. Andrews: We will continue to operate that as a Marina, Mr. Plummer: The City will? Mr. Andrews: Yes, the City will, just as we do here. Mr. Plummer: What about the docks in the water outside the restaurant? I want to go see it. Mayor Ferre: The item is deferred. r. "'• 71, DISCUSSION ITEM OF PROPOSED JOINT CITY/COUNTY TREE DEPOSITORY Mr. Lloyd: Next is a resolution requesting Metropolitan Dade County as.a joint project with the City of Miami to set aside 20 acres of property owned by Dade County to establish a tree depository and authorizing the property city officials to confer with Dade County officials, At the request of Mayor Ferre, Mr. Lloyd read the proposed resolution again. Mrs. Gordon: I move it,------ it is a request for Dade County to discuss with our Parks Department a system of a tree bank. Mr. Plummer: Let's put them on our own property. Mrs/. Gordon: It does not make any difference , the idea is to confer with them for a joint venture, no money is involved. Mr. Hays, Asst. City Manager: This land can't be used for much else, it is a clear zone beside the airport. Mr. Lloyd: It is a motion to diaucss, only, 100 NOV 211974 0 M Mayor Ferre: Is there a second ------no, the item is defertred. 72, APPOINT GLORIDA M. BASILA AND ALICE S'. BARO AE MEMBERS OF IE ZONING BOARD The following resolution was introduced by Commissioner.Plummer who moved its adoption: RESOLUTION NO. 74-1308 A. RESOLUTION APPOINTING GLORIA M BASILA AND ALICE S. BARO AS MEMBERS OF THE ZONING BOARD OF THE CITY OF MIAMI FOR A THREE YEAR TERM BEGINNING JANUARY•1, 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Np (M� 105ffiRyLows"IN 73,A�PMEMBERSROF THETrLANNIi�g :ho following resolution was introduced by Coin issioner Rcboso t.io moved its adoption: RESOLUTION NO. 74-1309 A RESOLUTION APPOINTING CYRIL SMITH AND MARY ELLEN LICHTENSTEIN AS MEMBERS OF THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by..Commissioner Gibson, the resolution was passed and adopted by the following -'vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 101 NOV211974 74. MDPPOINT1N WILLIAM R,ROLLE AS ALTERNATE MEMBER OF THE PLANNING VISORY ISO PPOINTING rIILDRED CALLAHAM AS ALTERNATE MEMBER OF THE ZONING �©ARD The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 74-1310 A RESOLUTION APPOINTING WILLIAM R. ROLLE AS THE ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, AND MILDRED B CALLAHAN AS THE ALTERNATE MEMBER OF THE ZONING BOARD OF THE CITY OF MIAMI, EACH FOR A TERM OF THREE YEARS BEGINNING JANUARY 1, 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Hanolo Reboso Mayor Maurice A. Ferre NOES: None. AUTHORIZE OFFICIALS OF THE CITY TO PROCEED IMMEDIATELY WITH 75, ORWITIATUVE DEKERaYGOEDDIAEDNTAEPAEtt The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 74-1311 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PROCEED IMMEDIATELY WITH THE IMPLEMEN- TATION OF THE PROPOSAL OF EDWARD D. STONE, JR. FOR THE CONVERSION OF THE OLD COMMERCIAL DOCKS AND DOWNTOWN BAYFRONT PARK, AS APPROVED BY THE COMMISSION ON SEPTEMBER 21, 1972 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Hanolo Reboso Mayor Maurice A. Ferre NOES: None. 1.02 NOV 2,11914 40 76, DIRECT MANAGER TO STUDY POSSt$LE PROVISION OF A TRANSQDQTATIDN SYSTEti t0 LINK VARIOUS CITY PARKS The following resolution was introduced by Commissioner Gordon who moved its adoptions RESOLUTION NO. 74-1312 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO STUDY THE POSSIBLE PROVISION OF A WATER TRANSPORTATION SYSTEM TO LINK THE VARIOUS CITY OF MIAMI PARKS; AND THE FEASIBILITY OF INCLUDING DINNER KEY AREA, KENNEDY AND PEACOCK PARRS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 77. AAWLOIZE XTIEODCWHTH CUBAN CONSTRUCTION INC, TORCH OF FRIENDSHIP AT NO COST TO THE CITY. The following resolution was introduced•by Commissioner Reboso who moved its adoption: RESOLUTION NO. 74-1313 A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CUBAN CONSTRUCTION, INC. (VALERIO CAPOTE) FOR REBUILDING. THE TORCH OF FRIENDSHIP AT NO COST TO THE CITY; AUTHORIZING: THE PURCHASING DEPARTMENT TO ORDER KEYSTONE FACING FOR THE SHAFT, AFTER DETERMINING THAT FUNDS ARE AVAILABLE FOR THIS PURPOSE, TO BE REIMBURSED TO THE CITY BY CUBAN CONSTRUCTION, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 103 NOV 211974 r • Z$� RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE FOR THE SOON ic REIM _INMATES_ OF PENAL INSTITUTION __. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1314 A RESOLUTION APPOINTING MEMBERS TO THE COMMITTEE FOR THE SOON TO BE RELEASED INMATES OF PENAL INSTITUTIONS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: ' Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Hanolo Reboso Mayor Maurice A. Ferre NOES: None. There being no further business to com before the City Commission, the meeting was adjourned at 5:05 o'clock P.M. ATTEST: H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK Maurice A. Ferre Mayor 104 NOV 21 1974 CIVY OF NIIAMI i ri rrrrrrrm DOCU MENT INDEX MEETING DATE: November 21, 1974 ITEM NO DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COMMISSION AGENDA & CITY CLERK REPORT ( 16 PAGES ). CONTRACT -SUCCESSFUL BIDDER -AIR CONDITIONING AND INSTALLATION POLICE DEPARTMENT BALANCE FEDERAL REVENUE SHARING FUNDS - ADJUSTING THE PENSION OF CITY OF MIAMI RETIRED EMPLOYEES FEDERAL REVENUE SHARING FUNDS TO IMPLEMENT THE "ARTIST -IN -RESIDENCE CULTURAL DANCE EDUCATION PROGRAM" GRANTING EXTENSION VARIANCE PROPERTY AT 2001 S.W. 27T H AVENUE CONTRACT BETWEEN CITY OF MIAMI AND CITY EMPLOYEES LOCAL 654 AMERICAN FEDERATION DECLARING FRIDAY DECEMBER 26, 1975-DAY AFTER CHRISTMAS AN OFFICIAL HOLIDAY PUBLIC NOTICE -CHANGE IN MANAGEMENT OF DINNER KEY NATURE TOURS -SPONSORED BY CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION AUTHORIZING CITY MANAGER TO INITIATE THE ADMINISTRATIVE PROCESSES OF THE HOUSING AND COMMUNITY DEVELOPMENT R-74-1261 74-1261 R-74-1258 R-74-1259 R-74-1260 0079 0080 0081 0082 74-1258 74-1259 74-1260 0083 0084 IMPLEMENT PUBLIC WORKS AND CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY OF MIAMI R-74-1263 74-1263 PRESENTATION AND PROCLAMATION OF "KEY CLUB WEEK" -MIAMI BAYSIDE KIWANIS CLUB- 0085 AGREEMENT -CASE OF CITY OF MIAMI VS. FLORIDA EAST COAST RAILWAY COMPANY R-74-1264 74-1264 ACCEPTING COMPLETE WORK -UNIVERSAL ROAD PLANER CORP.-HEATER-PLANER PAVING PROJECT 1974 R-74-1265 ACCEPT COMPLETE WORK -STONE PAVING COMPANY- S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 R-74-1266 ORDERING FASHION SANITARY SEWER IMPROVEMENT SR-5402-C (CENTERLINE SEWER) R-74-1267 74-1265 74-1266 74-1267 r. DOCUENT4NDEX CONTI UE DNOVEMBER 21,1974 Page - # 2 ITEM NO. DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ACCEPT HIGHWAY RIGHT OF WAY DEED-FLORIDA NATIONAL BANK AND TRUST COMPANY -WIDENING 10-FOOT STRIP -EAST SIDE N.E. 2ND AVENUE ACCEPT EIGHT HIGHWAY RIGHT OF WAY DEEDS OF DEDICATION -SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT -WEST SIDE OF N.W. 2ND AVENUE GRANTING CITY OF MIAMI A DEDICATION OF THE EAST 10 FEET OF THE CHURCH'S PROPERTY DESCRIBED AS LOT 10, BLOCK 8,OF GROVELAND PARK HIGHWAY BOND FUND TO COVER COST OF MATERIALS USED IN MAINTAINING THE PAVEMENT AT STREET INTERSECTIONS OBJECTING TO ANY REDUCTION OF FEDERAL GRANT FUNDS FOR THE CONSTRUCTION OF LOCAL SANITARY SEWER PROJECTS ACCEPT FROM 1000 BRICKELL, INC. A COVENANT TO RUN WITH THE LAND-SEPT.5, 1974-INSTALLATION ELECTRICAL CONDUIT SYSTEM - AGREEMENT WITH KUNDE AND ASSOCIATES,INC.- PROFESSIONAL CONSULTING ENGINEERING SERVICES -ORANGE BOWL STADIUM CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES FOR CONVERTING THE COCONUT GROVE INCINERATOR PROPERTY INTO A PARK FACILITY APPOINTING JASPER 0. ANDRE TO CITY OF MIAMI ECOLOGY AND BEAUTIFICATION COMMITTEE APPOINTING FOURTEEN PERSONS TO THE GENERAL CULTURAL HISPANIC COMMITTEE EXTENSION EMPLOYMENT FOR WILLIAM NAJJAR- CUSTODIAN DEPARTMENT OF PUBLIC PROPERTIES AMUSEMENT RIDES CHURCH SCHOOL GROUNDS AT 900 SOUTH-WEST 26TH ROAD-ST. PETER AND PAUL AMUSEMENT RIDES ST. MICHAEL THE ARCHANGEL CHURCH-2987 WEST FLAGLER STREET EMERGENCY PURCHASE OF REPAIR PARTS FOR AN AMERICAN LaFRANCE 1250 GPM PUMPER -FIRE DEPARTMENT EMERGENCY PURCHASE OF REPAIR PARTS FOR A SEAGRAVE FIRE APPARATUg-FIRE DEPARTMENT EMERGENCY PURCHASE 400 FEET COPPER WIRE FOR USE AT ORANGE BOWL- R-74-1268 R-74-1269 R-74-1270 R-74-1271 R-74-1272 R-74-1273 R-74-1274 R-74-1275 R-74-1276 R-74-1277 R-74-1278 R-74-1279 R-74-1280 R-74-1281 R-74-1282 74-1268 74-1269 0086 74-1270 74-1271 74-1272 74-1273 74-1274 74-1275 74-1276 74-1277 74-1278* 74-1279 74-1280 74-1281 74-1282 DOCU ENTiNDEX NOVEMBER 21,1974 Page 3 I ITEM NO. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1 a 49 a 50 DOCUMENT IDENTIFICATI ON TERMINATE AGREEMENT FOR LEASING DINNER KEY EXPOSITION HALL BETWEEN CITY OF MIAMI AND GEORGE J. MACLEAN ACCEPT BID -COLONIAL DODGE,INC. FOR MOTOR POOL REPLACEMENT VEHICLES AGREEMENT WITH KEITH W. MATTISON-STRATEGIC PLANNING CONSULTANT SERVICES -POLICE DEPARTMENT SERVICES OF EUGENE P. SPELLMAN-SPECIAL COUNSEL CASE CITY OF MIAMI V. MARJORIE E. WILSON-CIVIL ACTION NO. 73-788 CLAIM SETTLEMENT-STEVE AULETA. GRANT APPLICATION TO FLORIDA FINE ARTS COUNCIL -PROJECT ENTITLED "ARTIST -IN - RESIDENCE CULTURAL DANCE EDUCATION" CONDOLENCES -JUDGE JACK FALK RESULTS OF THE SPECIAL CHARTER AMENDMENT ELECTION HELD ON NOVEMBER 5, 1974 DECLARE AND CERTIFY THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 5, 1974 PUBLIC NOTICE -LIMITED GAS FRANCHISE CERTIFY AND DECLARE THE RESULTS OF THE SPECIAL BOND ELECTION HELD NOVEMBER 5, 1974 PUBLIC NOTICE -SPECIAL BOND ELECTION NOVEMBER 5, 1974 AGREEMENT WITH PANCOAST & ASSOCIATES - PROFESSIONAL SERVICES -POLICE DEPARTMENT AUTHORIZE CITY MANAGER -SERVICES RESIDENT ENGINEER -POLICE HEADQUARTERS BUILDING CONTRACT WITH SUCCESSFUL BIDDER -AIR CONDITIONING AND INSTALLATION -POLICE DEPARTMENT COMPUTER ROOM FEDERAL REVENUE SHARING FUNDS -ADJUSTING THE PENSION OF CITY OF MIAMI RETIRED EMPLOYEES ALLOCATE $6,000 TO INTERNATIONAL YMCA FROM FEDERAL REVENUE SHARING FUNDS -"ARTIST - IN -RESIDENCE CULTURAL DANCE PROGRAM" SOUTH MILITARY ACADEMY AMUSEMENT RIDES- 4677 N.W. 9TH STREET-NOVEMBER 29,1974 COMMISSION 1 RETRVAL A TION CODE NOIEA. R-74-1283 R-74-1285 R-74-1291 R-74-1292 R-74-1293 R-74-1294 R-74-1295 R-74-1297 R-74-1298 R-74-1299 R-74-1300 R-74-1301 R-74-1302 R-74-1303 R-74-1304 R-74-1306 74-1283 74-1285 74-1291 74-1292 74-1293 74-1294 74-1295 74-1297 74-1298 0087 74-1299 0088 74-1300 74-1301 74-1302 74-1303 74-1304 74-1306 DOCU ENT4N.DEX 51 52 53 54 55 56 57 58 59 • CONTINUE DOCUMENT IDENTIFICATION PUBLIC NOTICE -CITY OF MIAMI PLANNING ADVISORY BOARD • APPOINTING GLORIA M. BASILA AND ALICE S. BARO MEMBERS OF THE ZONING BOARD - APPOINTING CYRIL SMITH AND MARY ELLEN LICHTENSTEIN MEMBERS OF THE PLANNING ADVISORY BOARD APPOINTING WILLIAM R. ROLLE AS THE ALTERNATE MEMBER OF THE PLANNING ADVISORY .BOARD AND MILDRED B. CALLAHAN OF THE ZONING BOARD PUBLIC NOTICE -APPOINTMENT OF MEMBERS OF THE CITY OF MIAMI PLANNING ADVISORY BOARD IMPLEMENTATION OF THE PROPOSAL OF EDWARD D. STONE JR. FOR CONVERSION OF OLD COMMERCIAL DOCKS AND DOWNTOWN BAYFRONT PARK STUDY PROVISION OF A WATER TRANSPORTATION SYSTEM TO LINK VARIOUS CITY OF MIAMI PARKS INCLUDING DINNER KEY AREA, KENNEDY AND PEACOCK PARKS CONTRACT WITH CUBAN CONSTRUCTION,INC.- REBUILD TORCH OF FRIENDSHIP APPOINTING MEMBERS TO THE COMMITTEE FOR THE SOON -TO -BE RELEASED INMATES OF PENAL INSTITUTIONS COMMIS ION R-74-1308 R-74-1309 R-74-1310 R-7401311 R-74-1312 R-74-1313 R-74-1314 NOVEMBER 21, 1974 Page # 4 RETRIEYXL CODg NO. 0089 1 74-1308 74-1309 74-1310 0090 74-1311 74-1312 74-1313 74-1314