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HomeMy WebLinkAboutCC 1973-07-26 MinutesMIAMI CITY COM MISS I ON MINUTES OF MEETING HELD ON JUL 261973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK • • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO 11.1I I I i01 11111 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 17. 18. WAIVE READING OF MINUTES PROCLAMATIONS+ CERTIFICATES+PLAGUES ETC. WAIVE RENTAL FEE - MARINE STADIUM NICARAGUAN BENEFIT WAIVE RENTAL FEE - BAYFRONT PK.AUDITORIUM JERRY LEWIS TELETHON CREATE MIAMI COMMISSION ON THE ECONOMIC STATUS OF WOMEN DISCUSSION ABOUT JULIA TUTTLE COMMEMORATION RECOGNITION OF M. L. REESE - RETIRING AS CITY MANAGER RENAME LEJEUNE GOLF COURS membership for mrs.Reese VACANCY OF THE CITY MANAGER RESCIND RESOLUTION 73-520 APPT. P.W. ANDREWS CITY MGR. DRAFT CHMRTER AMENDMENT VOTE OF CONFIDENCE OF PAUL W. ANDREWS AS MANAGER DEADLINE FOR QUALIFICATION OF CANDIDATES FOR THE CITY COMMISSION DRAFT CHARTER AMENDMENT PERSONAL APPEARANCE- LUCIUS WILLIAMS DDA RE: 46 west flaEler street PERSONAL APPEARANCE- REVEREND WILLIAMS RE: APPT.TO MODEL CITIES BOARD CONDOLENCES TO FAMILY-CAPT.RICKENBACKER •VARIANCE - LOTS 2 thru 19, TRACT 19A BLK 21 WADDELLS ADD. REPLAT ORDINANCE MAKING APPROPRIATIONS OFF-STREET PARKING BUDGET PERSONAL APPEARANCE- MR. GLUCK, president MIAMI COIN CLUB PUBLIC HEARING - MAYORs COMMITTEE ON STUDY TO TURN DEPARTMENT OF PARKS AND RECREATION OVER TO METROPOLITAN DADE COUNTY CONFIRM ORDERING RESOLUTION SHENANDOAH HIGHWAY IMPR. H-4362 AND H-4365 CHANGE ZONING CLASSIFICATION LOTS 1 thru 5, BLOCS( 1 GRAND VIEW PARK 73-564 73-565 73-566 DISCUSSED 73-567 73-568 73-569 73-570 73-571 73-572 73-573 73-574 73-575 73-576 73-577 DISCUSSED DISCUSSED 73-578 73-579 73-580 73-581 73-582 73-583 FIRST READING 1 1 2 2 3 & 4 4 5 do 6 6 to 2r 27 & 2 28 to3 32 & 33 33 & 34 34 34 34 35 to 5 58 to 6 61 • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT (ORDINANCE OR RESOLUTION N0. PAGE NO inarsorin leosocom • 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. STATEMENT BY CITY ATTORNEY RE1 LEGAL REPRE- SENTATION BEFORE THE CITY COMMISSION ON ZONING MATTERS CHANGE ZONING CLASSIFICATION LOTS 10+ 11+ 12+ 13+ BLOCK 8 WINTER GARDEN 1ST AMD. VARIANCE - LOT 2 & 3+ BLOCK 58N MIAMI B-41 ACCEPT COMPLETED WORK CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354 REVIEW OF CONDITIONAL USE- OFF ST.PARKING BY EMPLOYEES OF MIAMI BEACH AIR TRANSPORT CONDITIONAL USE- LOTS 1 thru 5 & 16 thru 20 BLOCK 22N - MIAMI B-42 (Greyhound Bus Terminal) CONDITIONAL USE - HALL TRACT - Tentative Plat d;873 - 200 S. E. 2nd Avenue (Howard Johnsons Motor Lodge) VARIANCE - Unplatted Property 1764 S. W. 3rd Avenue CONDITIONAL USE - LOTS 26+ 27+ BLOCK 2 NEW HAVEN (6-184) CONDITIONAL USE - LOTS 13+ 14+ BLOCK 2 MELROSE HEIGHTS (11-17) PERSONAL APPEARANCE - W. D. TOLBERT RE: CHILD DAY CARE CENTERS REVIEW OF CONDITIONAL USE - MECHANICALLY OPERATED PARKING STRUCTURE Biscayne Boulevard at 3rd Street ACCEPT COMPLETED WORK - FENCING FOR FIRE STATIONS ACCEPT COMPLETED WORK - SOUTHERN DRAINAGE PROJECT E-27 ACCEPT COMPLETED WORK- N.W. 17 AVE. T.V. INSPECTION ETC. ACCEPT PLAT - ELDA GARDENS SUBDIVISION DISCLAIMER AGREEMENT TO METRO DADE COUNTY ACCEPT COVENANT - Allen R. Greenwald and Jill F. Greenwald NAME BICYCLE PATH - SIEGENDORF BIKE PATH ACCEPT STATE GRANT- SIEGENDORF BIKE PATH DISCUSSED DISCUSSED 73-584 73-585 73-586 61 to63- 63 to 65 65 & 66 67 67 to 69 DISCUSSED '70 to 72 73-587 73-588 73-589 73-590 DISCUSSED DISCUSSED 73-591 73-592 73-593 73-594 73-595 73-596 73-597 73-598 73 73 74 74 75 76 & 77 77 77 78 78 79 79 80 80 a • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO,1 SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO,. 39. ACCEPT HIGHWAY RIGHT OF WAY DEED Leo and Phyllis La Rose 40. ALLOCATE $25,000 - APPRAISAL SERVICES Parks for People Bond Program 41. FEE SIMPLE TITLE - DALLAS PARK 42. FEE SIMPLE TITLE - EATON PARK 43. DUPLICATE TAX CERTIFICATE- Marguerite Lewin 44. EXTENSION OF EMPLOYMENT - Pio Zulich 45. FEDERAL GRANT APPLICATION MANAGEMENT DEVELOPMENT PROGRAM 46. AUTHORIZE RECEIVE BIDS FOR ASPHALT WALKWAYS & LIGHTING IN THE DINNER KEY AREA 47. CONSULTING SERVICES- REDESIGN OF SOUND SYSTEM AT THE MARINE STADIUM 48. LXTENSION OF EMPLOYMENT - Charles I. Berry 49. BOXING & WRESTLING BOARD TRAVEL TO THE WORLD BOXING ASSOCIATION MEETING 50. ALLOCATE $21,000 FROM PUBLIC PARK AND REC- REATIONAL FACILITIES BOND FUNDS TO COMPEN- SATE EDWARD D. STONE JR., & ASSOCIATES 51. SPECIAL CHARGE ACCOUNTS - HOTELS & MOTELS LE JEUNE & MIAMI SPRINGS GOLF COURSES 52. PUBLIC HEARING - OFF ST.PARKING BUDGET 53. CONDITIONAL USE LOTS 1 thru 5 & 5 thru 16 BLOCK 22N MIAMI-B-41 (Greyhound Bus Terminal)- See also Item 24 54. ALLOCATE ADDITIONAL SUM FROM CONTINGENT FUND FINAL COMPENSATION TO CITYS ARBITRATOR IN TRI-PARTITE ADVISORY ARBITRATION PROCEEDINGS 55. AWARD BID - VIRGINIA GROVE HIGHWAY IMPR. H-4358 56. COMPLETION DATE OF IMPROVEMENTS ON SOUTH BAYSHORE DRIVE 57. AWARD BID - SAN MARCO SANITARY SEWER IMPR. SR-5316- 58. AWARD BID - BASEBALL BACKSTOPS 59. AWARD BID - WYNDWOOD PARK COMMUNITY BUILDING ALTERATIONS 60. AWARD BID— CENTRAL DRAINAGE PROJECT E-29 73-599 73-600 73-601 73-602 73-603 73-604 73-605 73-606 73-607 73-608 73-609 73-610 73-611 ORDINANCE NO. 8172 73-612 73-613 73-614 DISCUSSED 73-615 73-616 73-617 73-618 81 81 82 82 83 83 84 84 85 85 86 86 87 88 & 89 89 to 91 91 & 92 92 93 93 94 94 95 & 96 69. 70. 71. 72. 73. 74. 75. 76. INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT PARKING LOT LIGHTING DESIGN STANDARDS & PARKING LOT REVIEW BOARD CONDITIONAL USE - LOT 3+ BLOCK 79N MIAMI (B-41) CITY FLAGS TO FLY AT HALE STAFF - DEATH OF CAPTAIN EDDIE RICKENBACKER PERSONAL APPEARANCE - MR. DAN PAUL RE: RESTAURANTS ASSOCIATES LEASE AT ORANGE BOWL CLAIM SETTLEMENT - TANIA JIMENEZ ACCEPT PLAT- SOUTH BAYSHORE DRIVE RATIFY STIPULATION OF AGREEMENT ROBBIE ET.A. VS. THE CITY OF MIAMI ET.AL. RESTAURANTS ASSOCIATES - MIAMI DOLPHINS ETC. ADVISORY ARBITRATION AWARD OF AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES+ LOCAL 654 & THE CITY OF MIAMI PETITION FROM CITY EMPLOYEES IN THE DEPARTMENT OF PARKS AND RECREATION PENSION INVESTMENT COMMITTEE RECOMMENDATION ON INVESTMENT ACTIVITIES BOOZ-ALLEN & HAMILTON INTERIM PRESENTATION ON MANAGEMENT STUDY VARIANCE - N. 22.5= LOT 6+ BLOCK 3 COPPINGERS TROPICAL GARDENS MAKE PROVISION FOR HOLDING NON -PARTISAN PRIMARY ELECTION & REGULAR ELECTION FOR OFFICES OF MAYOR & CITY COMMISSIONERS FULL TIME CITY ATTORNEY - CONSIDERATION OF CHARTER AMENDMENT AND STATEMENT BY COMMISSIONER J. L. PLUMMER PROPOSED CHARTER AMENDMENT- HIGHWAY IMPRO- VEMENTS PROPOSED CHARTER AMENDMENT- CONNECTIONS TO SANITARY SEWER SYSTEM ORDINANCE OR RESOLUTION NO+ ORDINANCE NO. 8173 NO. 8174 73-619 73-620 73-621 DISCUSSED 73-622 DISCUSSED PAGE NO, 96-106 107 107 ,108-109 110 110--114 73-623 114--115 THERE -IS S NO PA.4E 116 73-624 117--128 DISCUSSED 73-625 DISCUSSED DISCUSSED 73-626 DISCUSSED ORDINANCE NO. 8175 ,,ORDINANCE NO. 9F'8176 ,129--132 132--138 139--143 144--148 148 149--151 152 153 • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA a ITEM NO, SUBJECT 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. PROPOSED CHARTER AMENDMENT — MAXIMUM ALLOWABLE RATE OF INTEREST PROPOSED CHARTER AMENDMENT — DELETE LIMITATION OF YEARS ON ASSESSMENTS FOR IMPROVEMENTS PROPOSED CHARTER AMENDMENT — CHANGE TIME FOR DEADLINE ON QUALIFICATION MAKE PROVISION FOR SPECIAL ELECTION FOR CHARTER AMENDMENTS 73-627 PLANNING AND ZONING PROCEDURES CONTINUATION OF HEARING 73-628 ORDINANCE OR RESOLUTION NO, PAGE NO - ORDINANCE NO. 8177 ORDINANCE NO. 8178 ORDINANCE NO. 8179 HISTORICAL MARKER — COMMEMORATE LANDING OF MENENDEZ 73-629 FIXING DETAILS ON SALARY FOR PAUL W. ANDREWS WHEN HE ASSUMES DUTIES OF CITY MANAGER 73-630 AUTHORIZE AGREEMENT — MEL REESE & ASSOCIATES 73-631 ORANGE BOWL IMPROVEMENTS PROGRAM REFINED ESTIMATES 73-632 TRANSFER FROM CONTINGENCY FUND TO PROPER ACCOUNT $806.40 FOR INVESTIGATION OF 72 FIREFIGHTERS ON DISABILITY PAYROLL RECEIVE INFORMAL BIDS — OPERATION OF SUMMER YOUTH TRANSPORTATION PROGRAM MAKE APPLICATION TO NATIONAL LEAGUE OF CITIE U.S.CONFERENCE OF MAYORS SUMMER YOUTH TRANSPORTATION PROGRAM MAKE APPLICATION TO REGIONAL OFFICE OF ECONOMIC OPPORTUNITY RECREATION SUPPORT PROGRAM PURCHASE BY NEGOTIATION— PARCEL 7091.4 LATIN REVERFRONT PARK APPOINTMENT TO YOUTH ADVISORY BOARD MERGE YOUTH ADVISORY BOARD WITH YOUTH RELATIONS BOARD AND REMANE YOUTH ADV.BD. CITY MANAGERS REPORT ON MEETINGS WITH PANCOAST ASSOCIATES PROPOSED CHT.AMD, CITY MANAGER PROPOSED CHARTER AMENDMENT— CITY ATTORNEY FAREWELL STATEMENT BY RETIRING CITY MANAGER M. L. REESE 73-633 73-634 73-635 73-636 73-637 73-638 73-639 73-640 DISCUSSED ORD.8180 154 155 156 157 158--161 162 163 164--16` 167--17 172 172 173 173 174 174 175 175--18 183--18 186 187 FINIS 11 i uu i hi 1111 111111111Y1 n u n Iria ul imi�l+r��ir�u+ i1 r+rrn MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 26th day o6 1u.ty, 1973, the City Comm,i.aeion o6 the City o i Miami, Fto..ida, met at its keg utan meeting ptace at City Hatt in .said City .in neguta/L session. The meeting wa6 caned to onden at 9:07 O'Ctock A.M. by Mayon Maun.Lee Fenne. On /Lott catt, the Ottow.ing memben6 o6 the Commission wee Sound to be pne6ent: Mt. Ptummen Mk. Reboso Mn.6. Gordon Reverend Gibson Mayon Foote ABSENT: None. An invocation wa6 dettvened and Ptedge o6 ALteg.ianee to the Ftag. 1, WAIVING READING OF MINUTES OF PREVLOUMEETING The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION TO WAIVE THE READING OF THE MINUTES OF THE PREVIOUS CITY COMMISSION MEETING Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 2, PROCLAMATIONS. CERTIFICATES OF APPRECIATION, PLAQUES ETC. (a) KEY TO THE CITY pnesented to .the Mayon 06 Midan, Indonesia (b) PLAQUE /Leeogn.izing the esso/cts o6 W.itt,i.am H. Watket Robert W. Waken Jo6eph H. Waken ,in connection with ,the.in new F.Ln6t Fedenat Building (c) PLAQUE to Mts. Heten Fnye on the occasion of hen net.i./Lement 6/tom the City o6 Miami, a 6ten 22 yean6 0 S 6 env.Lce (d) CERTIFICATE OF APPRECIATION to Sue Sponnavitte (e) CERTIFICATE OF APPRECIATION to Anmando La Casa in neeognition o6 h.La civic .involvement (6) PROCLAMATION 6o/L August 20, 1973 a6 WOMEN'S RIGHTS WEEK £n the City o6 Miami (g) CERTIFICATES OF APPRECIATION to Ma. Gwen Cheney Ma. Juanita Gneen (h) PROCLAMATION o6 Sunday, Jay 28, 1973 commemonating the 17th B.inthday o6 the City o6 Miami 1 JUL 261973 EP i SIN 11111111111 tlmilYI WAIVE RENTAL FEE- MARINE STADIUM FOR NICARAGUAN BENEFIT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-564 A RESOLUTION WAIVING RENTAL FEE FOR USE OF THE MARINE STADIUM ON AUGUST 11, 1973, FOR A RELIEF BENEFIT FOR NICARAGUAN EARTHQUAIC: VICTIMS, SUB- JECT TO PAYMENT OF NECESSARY EXPENSES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 4, WAIVE RENTAL FEET- BAYFRONT AUDITORIUM- JERRY LEWIS TELETHON The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-565 A RESOLUTION WAIVING RENTAL FEE FOR THE BAYFRONT PARK AUDITORIUM FOR THP UPCOMING JERRY LEWIS LABOR DAY TELETHON FOR MUSCULAR DYSTROPHY, SUBJECT TO PAYMENT OF NECESSARY EXPENSES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend 'Gibson and Mayor Ferre. NOES: None 2 • • 5, CREATE MIAMI COMMISSION ON THE ECOMONIC STATUS OF WOMEN Mayor Ferre announced the chair would recognize the presence of Ms. Eunice Liberty and Mg. Roxcy Bolton. Ms. Bolton: Mr. Mayor and members of the Commission, I live at 1302 Alhambra Circle in Coral Gables. I am here today to ask the Miami City Commission to consider naming a Miami Commission on the Status of Women. I envision such a Commission that would include 15 women and would mean each Commissioner would have an opportunity to name 3 women to this Commission to deal with those problems relating to women within the City of Miami and female city employees to deal with the economic status of women in this city. I think you would be able to get a large number of representatives. One of the great needs of this city which you have ignored is the economic status of women. The City of Miami does not have an affirmative action program and I should think that the City of Miami Commission on the status of women would prod and nudge this Commission to act and act at once on the economic status of women. There are many areas that such a commission would be able to advise and counsel you. The last review I had of this City board, there was a lack of women on those boards. Each Commissioner would have an opportunity to turn to this Commission as one of the distinguished members of this Commission said to me once, Father, where are all of these women? I try to find women but when Father Gibson is running for public office, he never has a bit of trouble finding women to vote for him so I don't think any of you would have difficulty in finding women to serve on boards at this time of year. Mayor Ferre: Or any other time, I am sure. Ms. Bolton: It is hoped today, you will take some action to establish a Commission throughout the country, each municipality, each city is being asked to establish such a commission to bring women closer toward equal economic status, thank you. Mrs. Gordon: I concur with what Roxcy has said and I do think that the City will benefit from the input that we will receive from this status of women commission. I know that the county has a very fine status of women commission and the chairman is sitting here in the audience, Anne Wilson, and she is leading a groupof women very effect- ively and I have watched them work and am proud of them and hope we can do the same thing here in the city and that they will work cooperatively with the county and with any other groups that form. Ms. Bolton: I know Mr. Mayor you do have some vacancies coming up in the City of Miami and they are two of the best paying jobs in this city. I am a little concerned - Mayor Ferre: Lets vote on this first. Mr. Southern, City Clerk: This is just creating the Commission with the members to be appointed at a later date? Mayor Ferre: Yes. A commission of 15 to be appointed at the next meeting. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-566 A RESOLUTION CREATING A MIAMI COMMISSION ON THE STATUS OF WOMEN, TO CONSIST OF FIFTEEN WOMEN TO BE APPOINTED AT A LATER DATE (Here follows body of resolution, omitted here and on file in the City Clerks Office) 3 • 11 IMISMI lY11I111i1 1 1 1 1 1 r 1 1 1 Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso,, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Ms. Bolton: There are 2 of the best paying jobs in this city that will be vacant, I hear very soon. I trust that this City Commission will not just consider men for these jobs. When I hear members of this Commission referring to the City Manager's job, as the best qualified man, I resent that very much because there are women in this community and there are women throughout this country that could do this job just as good as Mr. Reese. Some of those women I would like to direct your attention to for your consideration is Eileen Lotts with Metro. Mrs. Lotts is an able woman. When Mr. Goode took the job as county manager, he had never been a county manager before, never, to take over a tremendous responsibility. No one would question the fact that he is eminently qualified and he is going to be making more money than the Governor so he must be doing a good job, so, he had never had any experience. No one ever said, what previous experience do you have being county manager? He had brains and he knew how to get a job done and that's what it takes. Another women that could do the job that Mr. Reese is doing just as good, is Juanita Greene. Juanita Greene could clean up this town and make it so clean, you could eat off the streets, so do not just consider the best qualified man for the city manager's job but the best qualified person. Mr. Rothstein is going to be leaving I hear pretty soon, I think you should consider a woman for that job as well as the best qualified persons. Thank you. 6, DISCUS$J8a-ABOUT JULIA TUTTLE COMMEMORATFON Mayor Ferre: Mr. Reese, some time ago, this Commission went on record as wanting to recognize Julia Tuttle who was a great pioneer of this community and I would like to request that we be updated as to where we stand on the statue or the plaque or commemorative plaque or what ever it is, that was ordered by the Commission at that time and I think we ought to place it in a very prominent location either in Bayfront Park or in the Coconut Grove Bayfront Park. I would preferably like to see it at downtown Miami Bayfront Park because that i.s certainly the center of Miami to commemorate people who have been significant in the past and I think we have a two -fold purpose. 1. That Julia Tuttle was a great pioneer of this community and 2. She was certainly an zLtive women for her time and would have been today if she were alive. I would like for you to report back to on where we stand on that. Mr. Reese: Mr. Mayor, and members of the Commission. For years there was a Julia Tuttle park in the downtown area. When the leg of the expressway that goes east and west was being constructed etc., that particular site was taken over. The highway engineers working on this particular highway were endeavoring their utmost to protect a tree that was down there for a long time as the hub or the center, of this small park in commemoration of Julia Tuttle. This tree was then in the way and they acquired this land and the tree had to be taken down at which time, there was a plaque put there at that particular spot in commemoration of the site and Julia Tuttle. When this question was raised the other day by the Mayor to me by telephone, we started to go back through the records and find that as of this morning, we went downto look for the plaque and it isn't there any more. It's natural for this city. We are losing plaques all over Watson island. Evidently somebody likes to take them home and I didn't think women would be interested in taking plaques. I am not even insinuating they did. I think the City should put up such a plaque and I think a very good place would be Bayfront Park and as you know, Mr. Stone's proposal, the remodeling of it, is to make a mall area in there for all of the monuments in commemorating the people and I think that would be the place for that particular statue or monument put. Mayor Ferre: Thank you very much. 4 JUL 261973 dP gliestigrauEt L. REESE, RETIRING CITY MANAGERIL RENMING OF LE JONE 7, Mayor Ferre: Since this is Mr. Reese's final meeting after almost 14 years as Manager of this City, I think it's very appropriate that we take some time this morning to recognize him once more and go over valuable service that Mr. Reese has rendered to the City of Miami and indeed to all of Dade County. Over the years, Mr. Reese, has sometimes been accused of being stubborn, being difficult, of not informing people properly and I must admit that in my own time, I personally had words with Mr. Reese as I think, have all of us, and I think Mr. Reese has had words with us but I want to publicly recognize Mr. Reese as Mayor of this City and say that I have absolutely no question that this City of Miami would not be where it is, if it were not for Mel Reese. As a matter of fact, I will go as far as saying, I don't think. we would have a City of Miami today if it were not for Mel Reese. It's been Mr. Reese's firmness. Mr. Reese's stubborness. Mr. Reese's wisdom. Mr. Reese's dedication to this community, that has brought us forward, I think, despite all criticism, with flying colors. I think we stand where we stand strongly, firmly. I think financially secure. It's a progressive City because of the work of Melvin Reese. I think it would be appropriate as we have stated before that we recognize Mr. Reese somehow, symbolically, physically so that as the years go by, the people of this community will repeat his name and remember him and recognize the contribution that he made to this community of ours and I would like to pass the gavel over to Father Gibson so that I would have the honor of offering the following resolution. This is formally because we didn't do this formally the last time. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-567 A RESOLUTION RECOGNIZING THE VALUABLE SERVICES OF M. L. REESE, AS CITY MANAGER OF THE CITY OF MIAMI OVER THE PAST 13 YEARS; RENAMING THE LE LEUNE GOLF COURSE, THE MELREESE GOLF COURSE; EXTENDING TO MR. M. L. REESE A LIFETIME MEMBERSHIP TO SAID GOLF COURSE AND THE USE OF A GOLF CART AT SUCH TIMES AS HE MAY DESIRE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: This will include establishment of a committee headed at this time by Commissioner Plummer and Mr. Lew Price to be expanded eventually to include all of us on the Commission and others that will join the Commission to have an appropriate day to recognize Mr. Reese in a more formal way by dedicating the golf course to him and having an appropriate affair to go along with it. Mr. Reese, this is just a small little plaque. We are going to give you a real big plaque and a real good one and this one says, City o6 Miami Got Coun4e4 Hononany Lie Membenahip Awarded to Melvin L. Reea a in appneciatio n o b his many yeaxa o 6 devoted 4etviee to the City o6 Miami - Juey 1973 5 JUL 2 6197 Mr. Plummer: Mr. Mayor, Mr. Reese would maybe be too embarassed to bring this up but I brought it up at the last meeting and I think it would only be appropriate that such a card also be issued for his wife to keep him out of trouble but will move one cart be included in the motion. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-568 A RESOLUTION EXTENDING TO MRS. M. L. REESE, A LIFETIME MEMBERSHIP TO' THE MELREESE GOLF COURSE AND THE USB OF A GOLF CARD AT SUCH TIMES AS SHE MAY DESIRE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mn. Ree4e: T Leanned a Bong time ago that I wa4 neven ab!e to bay on expne44 on intenpnet to the pub.Uc my appneciati.on on to anybody e.e4e 06 ate .he wonden6ut. thinga, the good momenta and happy houn4 they have extended me. We atway4 ate in a great po4.etion o 6 pointing 6ingen4 when somebody i4 eating name4 and one o6 the good examp.ee4 i4 4ometh.Lng that .c4 going on .in new4papen4 and televiz i.on today. 1 appreciate that mote than anybody e•E4e I gue44 in say own caZeuZat.i.on4 and appZ.i.cation. The only thing I can 4ay , it .ca 6.c,.tti,ng and no Wohd4 have even been ab.Ze to 4ub4titute it, 1 4 ay thank you 64om the bottom 015 any heart. VACANCY OF CITY MANAGER - DISCUSSION -. =RESCIND RESOLUTION 73-52o. =APPOINT PAUL W. ANDREWS CITY MANAGER =DRAFT CHARTER AMENDMENT. •• °VOTE OF CONFIDENCE TO PAUL W. ANDREWS Mayor Ferre: At this time, I would like to bring up for discussion, the matter of the vacancy created by Mr. Reese's retirement on the 17th of August and I would like to pass the gavel over to Father Gibson for the purpose of making a motion. It is my opinion that as I stated previously, that Mr. Reese's retirement is going to be very difficult to fill. I do feel strongly that it should not be a Commission where there are three appointed members thgt should fill that very important vacancy. It is my opinion that the job should be done by an elected Commission which of course will be as of November. There is a lot of criticism and talk here and there about appointments and appointed Commissioners but what oople don't recognize and we want t: point out is that ovary g YmtrAbt ho ro 10 auu o 1 nn i;ud Commission 50 ;it is the people who make that decision & they make it every 2 years as they will this November. Aikthink it is appropriate tkt it be an elected Commission that appo s the permanent Manager a therefore in the interes of that and not wishing in any way to make that job difficult or create any burdens on that decision or in any way encumber or create problems for the prospective candidates, I would like to make a motion that the vacancy not be filled until November al.d as a part of the motion, I would like to state that our very able capable .Assistant City Manager, Mr. Paul Andrews will have full'authority to act during the time as the City Manager. Mr. Rothstein: Mr. Mayor, may I read you the resolution? Mayor Ferre: I will at this time since I aske4 Mr. Rothstein to prepare this in legal form, to read the resolution as it has been prepared by the legal Department. Mr. Rothstein: A RESOLUTION DESIGNATING PAUL W. ANDREWS TO ACT ON BEHALF OF THE CITY OF MIAMI DURING THE ABSENCE OF THE CITY MANAGER AND UNTIL SUCH TIME AS THE ABSENCE IS TERMINATED BY THE APPOINTMENT OF A CITY MANAGER AND TO PERFORM SUCH DUTIES AS MAY BE REQ- UIRED BY THE CITY COMMISSION. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI: Section 1. Pursuant to the appropriate provisions of Section 15 of the Charter of the City of Miami, Assistant City Manager, Paul W. Andrews is hereby designated to act on behalf of the City of Miami to act during the absence of the City Manager until such time as the absence is terminated by the appointment of a City Manager. Section 2. The Said Paul W. Andrews will perform such duties as may be required of him by the City Commission. This is pursuant to Section 15. Mr. Andrews keeps his position as Assistant City Manager and gets paid as such because the provision in the Charter says that someone who is appointed to act on behalf of the City in the absence of the City Manage-' can receive no salary. Mrs. Gordon: A point of Information - Mayor Ferre: Before I finish making the motion. Before we finalize, I want to make this statement: I don't want anybody to misinterpret my action today, thinking that I do not support Mr. Paul Andrews and I will go this far to make it very emphatic. If in fact this were November and if in fact we were sitting here today as a fully elected City Commission, I would have made the motion to appoint Mr. Paul Andrews and I want the record to reflect that. Mrs. Gordon: A point of information Mr. Mayor. To the Attorney. In your wording which you so carefully made. You did not specify Interim in any way. Does this change the meaning in legal jargon so that Mr. Andrews in other words, would be the City Manager during this period of time as an Acting City Manager? Mr. Rothstein: There is no such provision in the Charter for any post as Acting City Manager or Interim City Manager. Section 15 provides that in the absence of a Manager, the Commission can appoint somebody to act for the City and would have those duties but that person cannot have a salary. Therefore, Mr. Andrews is not appointed as a City Manager to answer your question. He is Assistant City Manager but this Commission has appointed him to act on their behalf during the absence of the City Manager. Mrs. Gordon: Then in seconding the motion since this is a legal procedure that must be taken, I would like to speak in behalf of 'this motion and say simply that since it is true that we are working with a majority Commission which is appointed, there is a great deal of logic in appointing a permanent replacement in November, however, I feel very strongly about the qualifications of Mr. Andrews for the post and I would like the public records to so reflect. I second the motion. 7 JUL 2 61973 Rev. Gibson: I want to speak to the question. Mr.. Mayor and members of the Commission. While there is no question in my mind about my wanting Mr. Andrews, I stood on this Commission with some real questions, real questions. I was born and reared in a Church after which this government was patterned. Whether you know it or not, the Episcopal Church gave to this country its form of government. We have all the tiers and levels of government in our church that you have here. With that in mind, with that kind of a background, I am disturbed every time a crucial issue comes up, you raise the question about an appointed Commission. When I vote, I vote as a Commissioner, I don't vote as an Appointed Commissioner. This is a serious matter and I think that we ought to get this settled once and for all. I resent, I resent being referred to as the majority or appointive Commissioners. The history reflects that the structure of the government is such that in order to have continuity, you created a Charter and the Charter says" In the Absence of you who sit here, have the right to appoint" Now, let me go a step further. Are you telling me, are you telling me and I hope you aren't because I want the public to know. Are you telling me that should November come, listen to this very carefully, Reboso, Ferre and Gibson are not elected. Are you telling me that the 3 of us right now, I have been on here more than a year. Reboso has been here at least a year this month. You have had previous experience on the Commission. You have been a Legislator. You have presided as a Mayor. Are you telling me that the composite experience of the 3 of us would not exceed, supersede, outweigh and outnumber the experience of -- suppose the 3 of us are not elected. Would you tell me that 3 new men will have more experience than Plummer, Rose, you Reboso, you Mr. Mayor and myself? I question. Are we playing games, with the future of the people of this City? We ought to really put it on the line. Let me say another thing. Suppose, you know-the.3 of us must run if we want these posts. Suppose from the newspaper, they tell me any time you want to know anything, read the newspaper. Suppose Rose decides ro run as Mayor, she must resign. Isn't that right Mr? Now listen to this. If Rose :esigns then 4 new people are running, Plummer is the only experienced somebody left on the Commission. Are you telling me that Plummer has more sense than? This dealing is fantastic. Let me go a step further because I am not going to let you off the hook, no man, no, listen. All right, then you are saying that one experienced man, Plummer, along with 4 inexperienced people because they can be 4 new people, 1 man and 4 new people, will have more experience, more judg- ment, than all of us who have at least a years experience minimum and the Mayor, the present Mayor, who has experience on the Commission 4years and in the Legislature and now back here. I won't buy it. One other thing. I think that we ought to handle the business of the City like we handle our own business even if it hurts us sometimes. When I was sworn in, the speech I made was this, that I was going to do what I conceived was the very best for this City even if it was against Theodore Gibson and I believe up to this time, I have kept faith with that commitment. Now, I resent for all of you who are on this Commission I resent youl.re referring to me as the majority appointed, thats #1. #2: In order to have orderly process and sequential order in government, that Charter makes the provision. That Charter makes the provision. If you who appointed me didn't have any faith in me and if you didn't trust me, why in the devil did you appoint me? Why did you? I resent it. Not only that, you can't convince me that 2 people who will remain on the Commission will have in a composite fashion more sense wisdom than the 5 of us who are presently serving. The 4th thing is: If Rose should run for the Mayor of the City which the paper implies but was not positive, are you telling me that J. L. Plummer alone will have more experience than the 5 of us including J. L. Plummer? I won't buy it and I don't care who doesn't like it. I believe, I believe as the song says that we ought to make a decision this morning and stand up like St. Paul in his epistle said, Quit ye yourselves like men. One danger, one danger, is it can well be a political issue in the up and coming election. That I don't think we need or should have. We need to be forthright with the people and that is the one thing I like about Mr. Reese. We may not have always and he may have rubbed an awful lot of people, but man in the year and some months I have been on the Commission, I have never heard anybody say he was dishonest and you know what? I would rather to have a good name of honesty and integrity than to have all the other things that people might say about me. They might say I have plenty of money. They may say I look well. I dress well, talk well but I certainly would rather have them save all those things, Gibson is honest, and can be depended upon and that does 8 JUL 2 61973 not mean I am saying that my fello Commissioners are not honest. I am just saying, we are in a posi on right now to live and live under constitutional government or e_don't want to live under it. We want to pussyfoot and pass the bu Mayor Ferre: Father Gibson, those are mighty strong words. Rev. Gibson: Oh yeah, I know they might hang me but that is the position I am going to take. Mayor Ferre: They won't hang you but I think I would like to respond because I think this is a matter of grave importance to the community and let me first in my response state that I agree with some of the premises.that you stated. First of all, there is no question, no question that the Charter does not recognize within its structure, a distinction between a First Class Commissioner and a Second Class Commissioner, an Elected Commissioner and an Appointive Commissioner. It talks about a Commissioner, A mayor, A Vice Mayor, it doesn't distinguish whether he is appointed or elected so the legal aspect of it is not in question. Secondly, I would also like to agree with you in saying that compositely here in this Commission, these 5 people who serve on it, certainly would have more experience on this City Commission and with the City of Miami than anybody else who could be elected because unless they were people who had previously served and so far nobody who has previously served has stated that they want to run for the Commission or for the Mayor's seat so I agree with both of those points. Now let me give you the other side of it. First place, we in the City of Miami are whether you like it, I like it or anybody else likes it, continually on the defense. We are on the defense because there are a series of people including newspapers and. television stations and radio who continually editorially wish to eliminate the City of Miami as a viable entity. That is a reality. We have had election after election on that. We have had Police consolidation and Fire consolidation and the people voted and proved their point. Furthermore the people of Miami have time and time again, voted for bond issues where everybody else throughout the country has voted against them showing that the people of Miami want to continue the City of Miami. Some of these people don't want to recognize that and we are continually under barrage. Now that doesn't mean we aren't men and women and persons of courage and strength, that we aren't going to stand up for our convictions. We live in a world where everyday we read in newspaper stories and television stories about Watergate. Here in Miami, this City has been under question. We cannot deny the headlines of the newspapers. We cannot deny the fact that the Grand Jury has been involved in concessions in matters that directly or indirectly affect the City of Miami. These are matters of consequence. They are matters of reality. They are in the newspapers every single day and in a few weeks there is going to be a trial that affects persons that are involved and were involved with the City of Miami. We do not live under normal circumstances. So, what I am saying is that even though legally, there is no requirement for us to distinguish between elected and appointed Commissioners, I think there is a moral, if you will, or if you will a responsibility to this community so that there is no question, so that there is no accusation that we are in any way playing politics or in any way trying to perpetuate a situation which in any way might be questioned. Now that doesn't mean that we don't have the courage of our convictions. What it does mean is that we are trying to be practical in our approach to the circumstances that we live in and I think theory is fine and beautiful speeches are great and I think that courage and conviction are fantastic but we live also in a world where we must be pragmatic. I think we have to without comprising principle, accept the reality of a situation that we live in. Now that is the first circumstance. Secondly, I want you to recognize as we all should, that should these 3 people here run or these 4 people, and should we not return, I want you to know that the Commission that will be acting here in November will have the full right to appoint anybody they want so it doesn't matter what we do today. On November the 13th or the 7th or whatever day it is, this Commission meets, they can reappoint or appoint any kind of a Manager that they want so all we are doing, I think is again, I don't think its a realistic approach. 9 JUL 2 6197 Thirdly, as I stated publicly today. Mr. Paul Andrews is a man that in my opinion is deserving of the recognition that he well merits after 12 years as Assistant City Manager. He has served his apprenticeship with honor in the City of Miami. He has done a commendable job and I want to publicly state something now which I have not up until now and I think it is something that ought to be brought out in the open and to the public because every once in awhile I hear criticism that Mr. Paul Andrews might be a weak Manager because he served under Mr. Mel Reese who was such a strong manager for 12 years and I want to tell you my opinion on that because I considered that very seriously for awhile. I think just the opposite is true. I have the highest regard for Mr. Melvin Reese and his ability to administer this City and to run it. If Mr. Reese accepted Paul Andrews for 12 years as his Assistant, then Mr. Paul Andrews must be an absolutely honest man and have the capacity or Mr. Mel Reese wouldn't have stood for it and with all due respects, anybody that can take 12 years of Mr. Reese as manager has got to have a certain amount of fortitude and strength and I don't mean that in any way critical, but I think the point is abundantly clear. In my personal opinion, I think that Mr. Paul Andrews has the strength, has the conviction, has the ability and as I stated before. If we were here meeting in November, I wouldn't have any hesitation offeringhis name today as permanent manager. I think that if we as a Commission appoint Mr. Andrews or anybody else as a permanent manager at this time, we would be doing harm not only to the City but also to Mr. Andrews should a future Commission take a different attack. I also think that the elected Commission in November should have the freedom of choice and I think in this way, they do have freedom of choice. If they happen to disagree, and I think they have that right, if they wish to go into a national canvass to find the most capable manager in their opinion if there is nobody in this community to fit that role, I think that it would do harm to the City to have the type of squabble that we would have if we acted precipitously at this time and therfore, I stand on my motion, that Mr. Andrews, as Assistant City Manager, remain in that position and be authorized to act in behalf of the Manager while there is a vacancy and until there is an appointment in November. Rev. Gibson: Mr. Mayor, I don't want this to be a debate between you and me because we didn't discuss. We you know but, I don't want you to think, you see I make speeches for a living and I want you to know that I am wise enough to weigh what I say. What I am saying is, all right, lets go to the other extreme. Suppose in November, you elect a new Commission and suppose 2 years after or a year after the election' you have some vacancies. How would you get a City Manager? The people that you appoint, those people have to go ahead and make a choice. All I am trying to get you to see is and please understand, I do not have any desire to cram down the throat of the citizens of Miami, that which they do not want but I think based on what I know to be constitution government that we ought to act and the people of the City of Miami have acted right of along. Here is what they did. Each time that the matter of getting rid of the City of Miami has come up, they have voted and said, we want to stay and let me say this, Mr. Mayor, don't you think we appoint Mr. Andrews in the manner in which you are suggesting that you are going to get the newspapers and the television and the radio people off your neck, my neck and off of our backs or running up our legs. They are going to keep ontus, keep us honest and always hold us up to public gaze and all I am saying is, I would not be unhappy with your position. I waitt'the public to know that constitutional government doesn't say what you say. If the President died in the morning are you telling me that we aren't going to get another president because the guy who is there, Mr. Agnew was elected as the Vice President? We elected Mr. Agnew. Mayor Ferre: Thats not the point. We didn't elect 3 of the 5 who serve here. Rev. Gibson: But here is the thing Mr. Mayor. All right, suppose Mr. Agnew died and the president would die, then who will - Mayor Ferre: An elected official would then take office which is the speaker of the house and the constitution of the United States provides that. 10 JUL 261973 111 1111•i••gilf1l I OYIIlI iUISI.11111• •.IIt!116u+fl1IYi. i11111111111.■IIIIIIrUII 101111111111111111111 All right fine, Rev. Gibson: I thought you would say that. What does the Charter say Mr. City Attorney about appointive, is there a differential? Mr. Rothstein: It provides that the 'remaining members of the Commission shall appoint new members of the Commission. There is no differentiation between members of the Commission who are elected or appointed in the charter. Mrs. Gordon: Mr. Mayor, may I bring up a very valid point please? The point in question here this morning, Reverend Gibson, is the wording in the Charter. The Charter was amended in 1962 and when it was amended the wording is rather subject to a varied interpretations. It says the City Manager is appointed for an indefinite term and this does not specify when the term ends. Customarily every 2nd year, the City Manager is reappointed but this is only a formality. It is not a matter that has to be taken up because when he is first appointed, he is appointed for an indefinite period of time. My suggestion is - Mr. Rothstein: I am sorry I have to interrupt. The problem of the two interpretations is because in an earlier provision of the Charter, it provides that the new Commission shall appoint a City Manager after they take office and the second provision provides that a Manager goes to an indefinite term. The process that has been always followed in order to make sure there is no question about the authority, is to reappoint - Mrs. Gordon: May I finish my thought please? Its my thought that we should defer this item for later in the day and that in the interim period of time, our attorney draft what should be placed on the ballot as a Charter Amendment to clear this ambiguity here and that we in the meantime, make no appoint this morning and do it later in the day. Mayor Ferre: Now Mrs. Gordon I am not going to go on that and I can be voted down, that's fine but I think this is a matter that we, its not 10:30 and we have talked about it. If anybody else wants to talk about it, fine but I think we ought to bring it to a head and lay it to rest. Now do you want to make charter changes? Mrs. Gordon: Yes I do. Mayor Ferre: That's fine, I have no problems on that but I think its time for us to decide and get this behind us once and for all now until November and then the Commission can act at that time. Now if that's going to be voted down, fine, then we'll go on to the next matter. I want to stick to my motion and bring it to a head. Rev. Gibson: All right, any further discussion? Mr. Plummer: Yes Sir, not speaking on the motion, but no one else has. The voice of experience over in this corner should have taught me to keep quiet and also Father Gibson you didn't preclude me from running for Mayor, did you? Rev. Gibson: No Sir, I would be delighted if the 5 of us were. Then we would have a predicament. Mr. Plummer: I just want to bring this thing because it has been bandied around and I think it is wrong. The Charter does provide what this Commission can do and what it cannot do. I think speaking for the silent one over in this corner. Mr. City Attorney, so that this can be laid to rest and I'm pretty good at that. Is there anything in the Charter that specifies that a man who is appointed is acting, is interim, or is he a Commissioner and is he Mayor? Mr. Rothstein: He is a Commissioner and he is Mayor. Mr. Plummer: Just as if he were elected? Mr. Rothstein: Yes Sir. Mr. Plummer: Fine, thank you. Rev. Gibson: All right, any further discussion? 11 JUL 2 61973 • Mayor Ferre: Yes, I want to make one more point. You know there are important matters that are going to come up before this Commission today and I am sure they will come up before the Commission between now and November. In those matters that are ordinary if you will or routine or matters that must be acted upon such as the budget, I cer- tainly have no hesitation and no doubt that we should act as a Commission. Those matters that are matters of great import, matters for example' such as the transfer of property from the City to the County, I think that it is within the best of American traditions and within the best of democratic traditions that we do one of two things. That we either submit it to the people of Miami for a vote to see if they will or will not transfer property as one example or submit ourselves to the will of the people on a vote and let the people decide whether or not those of us'that seek public office are acceptable to the people of Miami on the platforms they run on. Now, I made a statement about Paul Andrews. I made a statement about the City Attorney's position. We put that off until November and I am going to run on that if I run. If I run, I am going to run on the positions that I have taken and on my statement on Mr. Paul Andrews. That may be a campaign issue and it may be a campaign issue in your case and in your case and there is no question about any of this. The point and it has nothing to do with newspaper editorials or television stations or radio stations. There is no question that there has been enough clamor by the public on this matter and we don't as I said before, these are not ordinary circumstances. If we had not had the questions raised as we have in this community about wire -tapping, about other forms of potential illegalities. If we did not have legal cases before the court, if we didn't have watergate, if we didn't have the type of questions throughout our community and the country that we presently have, then I think we would be into other circumstances. From a practical point of view, if there were 1 us appointed, or even 2, but we have 3 appointments on this Commission and it .is my sincere belief and opinion and those of you who have seen me act for 3 years on the City Commission that I certainly have no hesitation in taking stands on controversial matters as I have done so in the past and will do so in the future but this is a very serious matter that has deep implications and I really think we have to be practical about it. We have to face the reality of the situation and try to solve this to the best interest of the citizens of Miami. Mrs. Gordon: Mr. Mayor, once again, the reason you are taking and I was taking this position was because of the wording of the charter was what it was, not because you lack confidence nor do I in Mr. Andrews and in his ability to do the job effectively. I want to withdraw my second to the motion because I feel that after the discussion I have heard, there is another avenue to take and I would prefer taking it. Mayor Ferre: All right. I stand on my motion. Rev. Gibson: Let me because I need to answer one thing you said. We are putting this on the table. I want the public to realize this and I want the newspapers to write this. I wait the radio and television to make this comment in this regard. If I don't like Mr. Andrews as my City Manager,after I am elected, I could fire him for cause, isn't that right? Mr. Rothstein: No Sir, the City Manager can be removed at any time under the charter. It does not require cause. Rev. Gibson: That's even worse. I want the people in this audience and the newspapers to really pick this up. After November, if I dorftlike Mr. Andrews, I could say, Brother Andrews I don't like you so I get me a majority vote and he is gone. Mayor Ferre: He has a right to request a hearing 90 days later. Mr. Rothstein: But no cause is required. He could just have a hearing but there is no cause that has to be shown. Mayor Ferre: I recognize that but we have been through this in this community before. We have a man here, Melvin Reese who can tell you about how this disrupts and tears up a community and all I am saying 12 JUL 261973 • I■ 111 ■Y!Y 1:iL111fiaR/wdl is that I want to avoid that for this City whether or not I have anything to do with it. Rev. Gibson: Mr. Mayor, let me make my point. I am not arguing. One thing about me. I don't hire attorneys if I don't listen to them just like I don't go to the Doctor and not take his advice. He said we don't have to have cause. Now lets go along with that, so if I don't like Mr. Andrews if I appoint him now, I could fire. We are going to be voting on some zoning matters, I want the little man to hear this. We are going to be voting on some voting matters, some variances that will affect the lives of people from now until, and once we who sit on this Commission vote to give you that change of zoning or that variance, you are stuck with it for the rest of your life. Going to Court is not going to help you but in any one morning ,if I don't like Mr. Andrews and could get enough votes, I could change that Andrews situation for you. Now I raise the question. Which is more important? Or which affects the lives of people more? Then I am going to hush. Mr. Reboso: Yes Mr. Mayor, I agree with Commissioner Gordon that we should delay this item until later in the day because I want to find out legally if we can appoint a permanent City Manager. Mayor Ferre: We can. He can give you an answer right now. We can appoint a permanent City Manager. Mr. Reboso: If that is the case, I don't think in my case, I don't want to lose the opportunity to appoint Paul Andrews today because I think after 12 years with Mr. Reese, he has the experience that nobody else has. Mrs. Gordon: I feel very much as you do Mr. Reboso, that the only reason why I seconded the motion, as I specified before, was because of the terminology in the Charter and I am going to ask that the Charter Amendment be prepared for the ballot to clear the - Mayor Ferre: Lets get this cleared right now. Mrs. Gordon: All right, right now you have a motion without a second. Rev. Gibson: Did you withdraw your second? Mrs. Gordon: I certainly did. Rev. Gibson: Mrs. Gordon has withdrawn her second. Mayor Ferre: I want to repeat my motion. Rev. Gibson: Fine. Wonderful. Mayor Ferre: Lets get this st7aight now. My motion is as the City Attorney read it and I want to state once again, that I think it is important that we leave the final action of the appointment of the Manager to an elected Commission in November. I have stated my opinion about Mr. Paul Andrews and that stands on the record. I think it is important at this time because of the reasons I have stated, we take a firm stand and I make the motion as written by the City Attorney. Rev. Gibson: Do I hear a second? Mr. Plummer: Mr. Vice Mayor, I have listened to Mrs. Gordon and I have listened to Mr. Reboso. I have no disagreement with them for clarifying anything and if they want to put it to a vote to have a charter change in November, I am all in accord, but I fail to see how one ties to the other. If the Charter change is proffered for November which I would be in favor for, for clarification, fine, but that's November. We are faced with August 17th. Now very simply, we cannot correlate one with the other. We have got to act now. We do not have another meeting until September 13th and because of that, I will second the Mayors motion to appoint Mr. Paul Andrews to this position from August 18th until the permanent Manager is appointed. I fail to see any .correlation between the two, so for that reason, we must act, we must have a position between August 18th -and the permanent Manager or between August 18th and when the voters clarify the charter change so I second the motion. 13 JUL 26197 Rev. Gibson: Any discussion? Mrs. Gordon: On discussion. Mr. Plummer, if the Charter change were prepared and passed by the voters, the voters then would know that the elected officials who are coming in, could replace Mr. Andrews if he was not working effectiv61y. Mayor Ferre: Why don't you make a motion then to change the - if thats what is holding you back, why don't you - Rev. Gibson: Lets - Mrs. Gordon: I want to appoint Mr. Andrews now to the position. That was my position and the only reason why I took the second to your motion Mayor was because the Charter says that we cannot remove the Manager because he is being appointed for an indefinite term and I want to appoint him for a definite term up until November but I can't because the Charter is written the way it is and it needs to be changed. Rev. Gibson: Well you need to deal with 2 separate issues. Mr. Plummer: Exactly. Rev. Gibson: Do I hear any further discussion? Mrs. Gordon: Repeat the motion. Rev. Gibson: The motion is, Mr. City Attorney, read it as you have it Sir. Mr. Rothstein: Pursuant to appropriate provisions of Section 15 of the Charter of the City of Miami. Assistant City Manager, Paul W. Andrews is hereby designated to act on behalf of the City of Miami during the absence of the City Manager and until the absence is terminated by the appointment of a City Manager. Said Paul W. Andrews to perform such duties as may be required of him by the City Commission. Rev. Gibson: All right, call the roll Sir. Mr. Southern, City Clerk: Mr. Reboso? Mr. Reboso: I vote no. Mr. Southern: Mrs. Gordon? Mrs. Gordon: I vote no. Mr. Southern: Mr. Plummer? Mr. Plummer: Excuse me I am trying to recall something. My v6te is very definitely yes but as I recall, and I wish to bring to the attention I think the record will reveal that this Commission on unanimous vote at' the last Commission meeting was in whole hearted agreement that the permanent Manager would be named after the election. Was that the vote Mr. Clerk? Mr. Southern: Yes. Mr. Plummer: Okay, just wanted to recall. Rev. Gibson: All right. Mayor Ferre: We have to rescind. Rev. Gibson: Wait a minute, wait a minute. Not at the time of voting. Mayor Ferre: Would you clarify that legal question Mr. Attorney? Mr. Rothstein: You have a motion on the fioor and you are in the middle of a vote. If this motion fails, then the ether motion would have to be rescinded and then if this Commission makes a determination they want to appoint today, after rescinding the other resolution, they can, or to postpone it to a special meeting or to do whatever they want. 14 JUL 2 61973 Rev. Gibson: All right. Mr. Southern: Continuing roll call. Mayor Ferre? Mayor Ferre: I vote yes with the motion. Mr. Southern: And Reverend Gibson? Rev. Gibson: I vote no. Now Mr. Mayor, let me give you the gavel and I want to make a motion. Mayor Ferre: Go ahead Father Gibson. Rev. Gibson: Mr. Mayor and members of the Commission, I wish to offer apronto the appoint of Mr. Andrews as the City Manager. Mayor Ferre: Excuse me Father Gibson -- .Rev. Gibson: Yes Sir? Mayor Ferre: I would like legal clarification. I think you have to first rescind your - reversing the position that you took - Rev. Gibson: All right, I move to rescind, that's simple, just give me instruction. Mayor Ferre: Ok, there is a motion to rescind the position that was unanimously taken by this Commission at the last meeting. Mr. Reboso: I second the motion. Mayor Ferre: There is a second. Is there any further discussion?„ on,thg; If not, call the roll, rescinding the previous motion that this Commission took. Mrs. Gordon: Would you repeat the motion that is being rescinded please. Mayor Ferre: The motion at that time was that we were not going to appoint a permanent manager but we were going to appoint a temporary or provisional manager until November and this is a rescinding of that motion. Mrs. Gordon: But what we're doing, the motion you made Mr. Mayor was not appointing an Interim Manager but just telling Mr. Andrews to just work - I am clarifying what we have done and what we want to do. We did not do what that motion said, appoint him an Interim Manager. We were just saying stay in your position and work. Mayor Ferre: That's right. Mrs. Gordon: And that isn't the same thing. Mayor Ferre: The point is that we have on the record, a motion that was passed unanimously that we were going to appoint an interim, that we were not going to fill the permanent vacancy at this time and appoint an interim acting manager. Mrs. Gordon: Yes but that's not what - Mayor Ferre: Now - Mrs. Gordon: What I am saying is that we are not doing what the motion that we passed 2 weeks ago said. Mayor Ferre: The motion failed Rose, that's very clear so that's all done and over with. Now we are talking about, somebody is going to make a motion in a moment to appoint Mr. Andrews as permanent Manager, not Acting anymore and that goes contrary to what we said last week and all I am saying is, if you are going to do that, then you need a rescinding of what we unanimously agreed to do last time because obviously we are changing that position or some of us are. Go ahead, there is a motion and a second. Is there any further discussio on that motion? 15 JUL 261973 • • Mrs. Gordon: May I ask. the Attorney a question? Can this Commission appoint an Interim or Acting Manager? Mr. Rothstein: No Mam, there is no provision in the Commission other than by the procedure which - Mrs. Gordon: Then why weren't we advised 2 weeks ago when we took that motion that we are rescinding now? Mr. Rothstein:Ma'am, for your information. The resolution as presented by Mr. Ferre comes in with the terms of that resolution because the intent of that resolution Ma'am, as I recall it vividly was not to appoint a permanent City Manager at this meeting. Mrs. Gordon: No but it was to appoint an Interim or Acting - Mayor Ferre: No Ma'am. The City Attorney is very clear on that and I made the motion and I am very clear on it. The intent was very simple: That at this time, we did not want to take a position on the Manager and it's just that simple. Now you can beat around the bush and put all the words you want. Mrs. Gordon: Mr. Clerk,will you repeat the motion that is being rescinded please? Mr. Southern: Mr. Gordon, we will have to get it, we don't have it here. He is on his way to get it now. Mayor Ferre: In the meantime while we are waiting, lets take up - Reverend Williams is here. Mr., Plummer: Mr. Mayor, I object. I would like to get this matter settled without deviating from it. It's a vital thing and I don't want my train of thought to be disrupted. Mayor Ferre: I agree, go ahead. Mr. Southern: All right, I have it here now. We have designated this as Resolution No. 73-520 and it is - A RESOLUTION GOING ON RECORD OF THE CITY COMMISSION THAT THEY NOT APPOINT A CITY MANAGER AT THIS TIME, THAT AN ACTING CITY MANAGER BE APPOINTED ON JULY 26, 1973 TO SERVE UNTIL AFTER THE ELECTIONS TO BE HELD IN NOVEMBER, AFTER WHICH TIME THE POSITION OF CITY MANAGER WILL BE FILLED BY THE THEN CITY COMMISSION Mrs. Gordon: And that was the unanimous vote. The word "Acting" is the word that was in there that was the convincer as far as I was concerned because in my opinion, he was not remaining in his current position, he was being moved up into a temporary acting manager's position and now, I am being told its illegal but I was not being told it was illegal 2 weeks ago. Mayor Ferre: Mrs. Gordon, what the City Attorney is telling you is that he put the substance of that resolution in legal form. This is the only legal way in which we can not appoint a Manager and yet have someone with authority, acting as the Manager. He put it in legal form. Now am I right or wrong on that? Mrs. Gordon: I am objecting to zALe fact that we were not so informed 2 weeks ago. I am objecting to the fact that we are being told the same information now, that we were not told then. Mayor Ferre: I don't understand your objection. Mrs. Gordon: My objection is very valid. Mr. Rothstein: Mr. Mayor, may I say to the Commission. Acting on the basis of that resolution, specifically on the basis of that resolution, we have prepared the resolution for today which specifically provides for Mr. Andrews to act on behalf of the City in the interim while you do not appoint a permanent Manager. Mrs. Gordon: Mayor Ferre: Acting on behalf, but not being the Acting Manager. No Ma'am because the Charter does not provide- . 1A Mr. Rothstein: Because the Charter does not provide for any Acting City Manager Ma'am. Mayor Ferre: Its clear. The issue is very simple. Do you want to appoint today a permanent manager or do you want to appoint someone acting manager and have the manager selected after the Commission has been all an elected Commission? It's that simple, that's what we are voting on today. Mrs. Gordon: All right, the point is there is a difference in the two actions and therefore that changes my point of view. Mayor Ferre: It doesn't. It's.absolutely no difference as the City Attorney has absolutely, on three occasions today, clarified. You are entitled to change your opinion, that's fine. Nobody objects to that. If you want to change your opinion, fine. Go ahead. Mr. Plummer: Mr. Mayor, aren't we really playing on words? Mayor Ferre: Sure we are. Mr. Plummer: I mean really - Mrs. Gordon: There's a lot of difference - Mr. Plummer: May I speak please? We are really making an hour of a play on a word. It's very simple. Do you want Mr. Andrews to sit in the capacity of running the City until a permanent manager which doesn't preclude him is chosen in November or don't you? Now you can call it interim, you can call it acting, but Mr. Andrews will be in authority. In the same way, that when previous times Mr. Reese has gone out of town on vacation, this Commission by resolution had to authorize Mr. Andrews to act so I don't see where its any change except a play on words. Mayor Ferre: It's almost 11 o'clock so the chair is now going to ask for a vote on the motion andsecond to rescind the previous action. Mr. Southern: Reverend Gibson? Rev. Gibson: Yes. Mr. Southern: Mrs.Gordon? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: I haven't changed my mind. No. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Mayor Ferre? Mayor Ferre: I vote no. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-569 A RESOLUTION RESCINDING RESOLUTION NO. 73-520, PASSED AND ADOPTED JULY 12, 1973, WHICH RESOLUTION PERTAINED TO THE METHOD OF APPOINTING A CITY MANAGER FOR THE CITY OF MIAMI 17 JUL 261973 • • (Here follows body of resolution, omitted here and on file in the City Clerk's. Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Gibson and Mrs. Gordon. NOES: Mr. Plummer and Mayor Ferre. Reverend Gibson: Mr. Mayor, I now offer Mr. Andrews as the City Manager. Mayor Ferre: There is a motion that Mr. Andrews be appointed City Manager. Mrs. Gordon: I second. Mayor Ferre: Is there any further discussion? Call the i 11, please. Mr. Southern: Mrs. Gordon ? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: Just a moment. Mr. Mayor of Mr. Vice Mayor, the point that I have made has now been established and I vc.:e yes for Mr. Paul Andrews. Mr. Southern: Mr. Reboso? Mr. Reboso: Before I vote, I want to say that Reverend Gibson made a very clear point thisi morning that we can't afford to lose the opportunity of appointing Paul Andrews as City Manager and maybe we would lose that opportunity in November so I will vote yes. Mr. Southern: Rev. Gibson: Mr. Southern: Reverend Gibson? Yes. And Mayor Ferre? Mayor Ferre: Before I vote, I want to say that this question of whether we are going to lose the opportunity or not lose the opportunity has nothing to do with voting. If a person wants to run and doesn't have the confidence that he is going to be elected again, then I don't think that has anything to do with the position that we take today. As far as the appointment of Mr. Paul Andrews on a permanent basis, I think this Commission knew exactly what it was doing at the last Commission Meeting. I think this is wrong, wrong, wrong. I am against it. I was against it then. I am against it now. At is a matter of deep principle. I do not think that an appointed Commission has the right morally or should appoint a permanent Manager because it should submit itself to the voters and let the voters decide whether or not our positions are clear and at that point, as elected officials, we can then appoint a Manager and my position remains constant. I will not change my mind on a matter of inportant principle. I have a high regard for Paul Andrews. If this were November and if I were to run, and if I were to be elected, I would appoint Paul Andrews but I do not think it is proper at this time for me to do so and I vote No. Rev. Gibson: Mr. Mayor, let me make this final comment and I hope this will wrap it up. If you appoint Paul Andrews as an Acting Manager as you said and you didn't like him at the end of November, you could fire him. We appoint him now and if we don't like him at the end of November, we could fire him. Simple. So.as the boys in the ghetto say, we ain't changing principles.' If you don't like him, you could fire him and you don't even have to have cause and I am glad, Thank God, it's over and let's move on. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-570 A RESOLUTION APPOINTING AND ELECTING PAUL W. ANDREWS AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFF- ECTIVE AS OF 5:00 O'CLOCK P.M., AUGUST 17, 1973 (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: Mayor Ferre. • Mrs. Gordon: I must bring up the Charter Amendment which has to go on the ballot and ask our Attorney to prepare an amendment to this portion of the Charter as it deals with City Manager to clear up the ambiguity that's in here and to specify a similar type wording as is going to be included for the full time position of City Attorney. I would hope you would have this for us, Mr. Rothstein before the day is over so that we may take action on it. Mr. Rothstein: Would you please pass a resolution to that effect. Mrs. Gordon: I would so move. Mayor Ferre: There is a motion on the floor to change the charter. Is there a second on the motion. Mr. Rothstein: The resoluti will be according to what Mrs. Gordon said, shall be that upon ag ointment, the Manager shall serve at the will of the Commission. Now that's the designation. There is another provision in the charter which says that after every election, the Commission shall appoint. So when you take out the indefinite term, you will then leave terminology that he will serve at the will of the Commission so that you have the two year appointment' but he can be removed at the will of the Commission, the same as the City Attorney. Mrs. Gordon: Isn't that the same thing there is now? You just said so. Mr. Rothstein: The same thing as the City Attorney. Mayor Ferre: All right Mr. City Attorney, I'll tell you, I want to speak to that motion. Mr. Rothstein: Before you do, would you please pass a resolution designating the time of the effective date of the appointment of Mr. Andrews as of 5 O'Clock, August 17th when Mr. Reese's term ends so we can have a continuity. Rev. Gibson: I so move. Mrs. Gordon: Second. Mayor Ferre: On the question of continuity. There is a motion and a second. Call the roll. Mr. Southern: Mr. City Attorney, could we include that in the previous resolution. Mr. Rothstein: Yes you could but you will have to have the vote of the Commission. Mayor Ferre: Just call the roll on it. Mr. Southern: Roll call. Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? Rev. Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mayor Ferre? Mayor Ferre: I will vote yes on that one. Now speaking to the previous motion. I want to make this point clear and I am going to put Mr. Reese on the spot because I am going to ask him to make his opinion of this matter heard. 20 • • Mr. Reese went through one of the most difficult moments that anybody had to live through in the City of Miami. He was without cause on the sheer will and emotion of p ople that had no rhyme, reason or right, threatened and actually removed from office and after that there was a change in the Charter. The basis for that change was very wise. The purpose of it was so that the City Manager whoever it was, would be operating without the threat, without the pressure that would have continued if we didn't change the Charter so that this motion now which would reverse that, which would make the Manager serve at the will of the Commission, is going to do nothing more than to make the City Manager a man with fear because even the strongest man has got to have a certain amount of fear. If 3 Commissioners can at any time, gang up on him and on sheer emotion fire him and I want to speak strongly against that motion. Mrs. Gordon: Mr. Mayor, I would like to say this. I am not specifying the wording that needs to be placed into this resolution. I am simply saying that our City Attorney recognizes that there is a problem in the wording of the Charter and that it does need to be cleared up and I will ask that it be cleared up. Mayor Ferre: Wait a minute. That's a different motion altogether. Mr. Rothstein: Mrs. Gordon, you specifically made your motion and said you wanted the same terminology as this Commission voted on for the proposed Charter Amendment on the City Attorney. Mrs. Gordon: Since you agreed that you thought that was the proper wording for the City Attorney, that it might be the proper wording - Mr. Rothstein: Ma'am I am not disagreeing with you. Mayor Ferre: I disagree completely with.that. Mr. Rothstein: I am not disagreeing with you Ma'am, I am only telling the Commission what that Charter Amendment says so that the Commission can know what they are voting on. The Charter Amendment says "Serve at the will of the Commission" You asked for that. I explained to them what it says, that's all. Mrs. Gordon: Mr. Attorney, if I was an Attorney, I would be practicing law. I am not an attorney. I am asking you to practice the law and you prepare the proper amendment to the Charter that would clear up the problems that we faced this morning because of the wording of the charter. It's not clear. Mayor Ferre: What is your intention Mrs. Gordon because that is what needs to be clarified? How, why, specifically? You can't just say clear the charter. What are you talking about? You are talking in philosophy and let my finish. You are talking as a matter of philosophy that you want to change the charter so that the City Manager is subject to being removed without cause at the will of the Commission, as a matter of philosophy and principle, I am against it. Now if you want to change something else, tell me what it is. Mrs. Gordon: Mr. Attorney. You repeated a few moments ago that Commissioners do not need any cause to remove the Manager. Now the Mayor is under the assumption you need cause. Do you need cause or don't you need cause? Mr. Rothstein: You do not need cause. Mrs. Gordon: Right and we're not asking you to change that right? Mr. Rothstein: That's right. Mayor Ferre: The City Manager serves under specific provisions. If he is removed from office, he has the right to be told why, am I wrong? Mr. Rothstein: that's correct. 21 JUL 26197 • • iY f I 1 }I ■11IaOniwmi I rammer iro Mayor Ferre: He has the right to be heard in 90 days. Mr. Rothstein: That's correct. Mayor Ferre: He can petition for a public hearing and this Commission has to have a public hearing before he is removed from office. Mr. Rothstein: I think Mr. Mayor, what Mrs. Gordon is saying is that instead of using the term "=_ndefinite" to substitute some terminology "at the will of the Commission", but not eliminating all the provisions for hearings. The City Manager and the City Attorney in my opinion are 2 different levels. I did say when you asked me about a charter change wherein an attorney serves at the will of the Commission, a Commission in my opinion should be able to change its attorney at its will without heaings if it deems fit, if it loses confidence if it is a matter of legal representation. I think what you are saying is that the Manager is different because he is the administrative head and he has day to day administrative decisions which run along whether he follows the policy of the Commission and therefore what Mrs. Go n is saying does not conflict with what you are saying. What she is ..y „!g is instead of making it appear that the new Commission can't appoint a new manager in November, make it clear that every new Commission can appoint a new manager. Mayor Ferre: I don't want to tamper with that one. Mr. Reese, I want to hear your opinion, you get on the record now. Mr. Reese: Well I would like first of all that Mr. Rothstein would read into the record, the provision in the charter that sets up the process of amending or did amend the charter in 1961 and what led to this provision was in the charter, was in 1961, the City Commission for reasons that nobody was ever able to rationalize or identify, stated after a budget hearing, after the budget was adopted, that now I would like to make a motion, we have lost faith in the City Manager and it was nothing but a political motivated action and it was trying its best to accomplish an action on the political podium which was the practice of the City Commission over the years prior to 1961, the record will reflect that they changed their Manager's oftener then they changed their shirts and the theory of the City Manager government and its also expressed in your own charter is that the Manager is the vehicle to give continuity to your government. That is why you have your elections every two years and you change your majority of your commission at that time. Also this Charter Amendment was brought about by the people of the City of Miami and if my memory serves me correctly, it was voted on by the largest percentage of yes votes that any other action amending the charter, was ever voted on. It brought in the largest number of yes votes. There was no campaigning for it. There was no individuals giving speeches or anything but it was just sound recognized public administration and I think this City would go back, way way back if you ever endeavor to modify it whereby you are going to appoint a City Manager every 2 years because in order to get a City Manager that you are going to be satisfied with, that's going to have the ability and develop the confidence, you are going to have to then follow the pattern that Pinellas County did of entering into a contract and that is always a very questionable position when you put your administrator in a contractual position and I plead with this City. There is no conflict in this Charter. The provision is in there that the Manager can be removed but this Commission or any future Commission has to give reasons. That's all and then the Manager is entitled to a hearing. Mrs. Gordon: Mr. Reese, the first - Mr. Reese: May I conclude please because I was called upon and after that, I will gladly answer questions. After the hearing, if again it is not a rational decision of the elected officials, this gives the Manager the vehicle of going into Court and getting the action and consideration that he should be entitled to. Now, if you follow the provisions that was in the charter previously, that every two years the Manager at what the Mayor calls an organizational meeting, every two years, at which time he appoints the City Attorney, the City Clerk, they used to appoint the Municipal Judges and other people but when they amended the charter, they then made it possible in that, that the 22 JUL 2 619 • a City Manager doesn't necessarily have to be re -appointed every two years but Judge Balaban, who was a City Commistio`her at that time stated that, lets set this up and lets do it as a precedent so that the new Commission is on record that they are accepting the manage- ment or the administration of the City. That was the whole theory of leaving the 2 year provision in there and nothing else and I plead with you, don't change that your Manager is going to be exposed to a City Commission sitting here, we have lost faith in you. Mrs. Gordon: Mr. Reese, I wasn't saying that I didn't feel that Mr. Andrews will fulfill this term that he has been appointed to with great skill, I know he will. What I was referring to is the fact that in the first 3 lines of the charte:, it said that the City Manager shall be appointed 30 days after the'Commission takes office and in the next portion it says, that he is appointed for an indefinite term. To me that is 2 different things and I think you have to take one of them out. You have got to take the first part out, you don't neea that. because certainly anybody elected to public office is going to know that the City Manager is a part of the structure and it doesn't have to be reaffirmed by an appointment if the charter says he is already there, whether they like it or not, he is there. Mr. Rothstein: Mr. Mayor, with all due respect to Mr. Reese, I know when Mr. Reese went through this, I imagine he had a very unfortunate experience and I imagine his concepts that he has in his mind as to . what he feels should be a circumstance of never to let that happen again to a City Manager is fine, but that is not what the Charter says. When this amendment to the charter was passed, they did not, did not change 2 other provisions in the charter which provide that the new City Commission shall appoint and elect a City Manager, City Attorney, City Clerk. What Mr. Reese made as a statement that this was changed, he made it out of his thoughts of what happens should perhaps be but not what happened. There is no question in my mind legally that the other two provisions are there and in effect and that is why Mrs. Gordon is accurate when she says, it leads to some problem as to whether Mr Andrews would have to be first removed or not. Unfortunately Mr. Reese gave you further information that is not legally accurate. He said that this Commission could not take a vote that they lost confidence in the Manager. That is not accurate. This particular provision provides only for one thing and one thing alone. Notice to the Manager and reasons why he should be removed and he can ask for a Hearing and one of those reasons would be 100% valid, that they have lost confidence in the Manager because obviously the Manager is the man who carries out the policies and of course if there is a Manager who does not carry out the policy of the Commission, they have to be able to remove him. Mayor Ferre: Well then Mr. Rothstein, let the law stand as it is, in my opinion because I think we have had a lot of controversy in this community about strong mayor's and strong manager's and the manager form of government. In my opinion, whether its a strong Mayor or a strong Manager, we need strong administration and I do not want to in any way tamper the strength of the manager form of government that has been so successful for the City of Miami and I want to stand very firmly on the law the way it exists today. Mrs. Gordon: All right, I would like to move - Mr. Reese: Mr. Mayor for a point of edification and I think the record should reflect this. The language that was proposed on the ballot was a resolution passed by the City Commission which was a direct quote of the Model Cities Charter, this was the intent of this City Commission and how the Law Department in those days drafted it and didn't correct the other parts of the charter, is what is being discussed here now and all I am sayingis that at that time, it was the intent of the City Commission. Now again, I reiterate, that a Commission cannot take the action like the Commission did in 1961 and that is to say, we lost faith in the City Manager because that under any concept is not a reason. It has to be expanded. . 23 JUL 261 I.1.11110 101111111 I 111 ,111R00111.111IS 41111.1001 .1104 JIJ100101011011101101110 1111r1 1 1 The Manager is entitled to know those reasons. I am not arguing the law on it but there is logic and reason behind this. Mrs. Gordon: I am not arguing it either Mr. Reese. I am not arguing any of these points that any of you have brought up except to clear the charter and I asked for a legal opinion and the Attorney gave us a legal opinion and when we choose to take the advice of our attorney, we take it and other times we want to totally disregard it so at this time, I take his opinion as being a valid suggestion and I move that we ask him to draft a proper charter amendment to clarify the portion pertaining to the City Manager and that does not mean that I want to remove the man that I have just voted confidence in. It means I want it clarified so no future Commission would have any doubt about what has to be done. Mayor Ferre: We have a motion on the floor. Is there a second? IS there a second? Is there a second to the motion to amend the charter to put it on the ballot in November? Rev. Gibson: Mr. Mayor, let me ask the City Attorney. Sir, recite again what we are asked to vote on. Mr. Rothstein: What Mrs. Gordon has asked for is a resolution directing the City Attorney to prepare a resolution to be put, a charter amendment to be put on the November ballot which in effect will do this. It will provide that there is ✓an appointment & all of which r am about to say, is in my opinion presently in existence, which will make it very clear and the problem is there is a word used in here, "indefinite term" to make it very clear that each new Commission appoints as it says in the charter a City Manager, City Attorney, City Clerk etc. That the City Manager does not have to be renewed every two years because each new two years theoretically, there are new majorities. Perhaps a new policy or a new theory of government. That as the present other circumstances in the charter shall remain that in order to remove a City Manager in the interim 2 years, in order to remove him, you must give him notice of the reason that you are doing it and if he wants to request a hearing, he can request a hearing, and a public hearing shall have to be held. Now the problem is where Mr. Reese and I disagree is, that to my mind there is no question that it would be an appropriate reason for removing a City Manager to simply tell him, that the City Commission has lost faith and confidence in his ability to properly carry out the policies of the Commission. He says he thinks there would have to be other and greater cause. There is no way to tell you the answer to that. Rev. Gibson: Mr. Rothstein. I would rather, see that. I don't think I would want to be serving at the will you know, I wouldn't want to be serving on anybody's payroll and be fired without cause. This is awfully dangerous. I think you ought to write it out and Mr. Mayor tell me how I could get him to write it out, then I will read it. I don't mind having it brought up later on. Mr. Rothstein: Then you are going to have to tell me what you mean by cause. The point it is - Mayor Ferre: You are getting into deep waters now. Mr. Rothstein: Very very deep waters because cause can be anything from stealing money from the City or writing a letter on City Stationary or whatever, or it can mean just what it says. If the Commission feels they want a new man to run their government on a day to day basis because they don't feel that the man who is running it is doing a good job. Mayor Ferre: A11 right now, wait a moment - Mr. Rothstein: This is deep, deep water andit takes a lot of thought and discussion. Mayor Ferre: The chair wants to take the prerogative of the chair to make this simple statement: We can hear a lot of words, legal arguments. The issue before us is really very simple. The Charter Amendment that was passed overwhelmingly by the people of Miami, the intent of it was very clear, the intent 24 JUL 2 619 • luiM• 111110141. IIPIMP I In Upl {Y I1 IPPNPI l•I1 J1E111111 was that the City Manager be in a strong position so that he could not be pressured, harassed in any way or threatened of removal without cause. Now it's very difficult legally to put in a charter what cause is so therefore, it was written in the way it was written. Mr. Reese has made his statement. I understand it. It's very simple. I think it is very dangerous to tamper with that charter. I think that we have a good system. I think that the Manager has worked effectively under it. I want the new Manager to have all the strength and the advantages that Mr. Reese had and I want to very strongly and emphatically urge my Commission here, not to change the Charter. Now we have talked about this enough. There is a motion cnthe floor. Is there a second to the motion? Mrs. Gordon: The maker of the motion has a desire to clarify the motion Mr. Mayor. Mayor Ferre: Clarify the motion Mrs. Gordon. Mrs. Gordon: All right, for the reasons I am clarifying is that Father Gibson said he wasn't clear on what I was asking for. What I am asking for and I speak specifically to you Father because you have asked the question. I am asking that the Attorney prepare what he feels is legally proper for clarification, not for changing the cause for removal, not for any other reason that the charter says now, two separate and distinctly different things and only one of them should be there and the one we don't want should be removed. Now tltc; charter says that, we appoint for an indefinite period of time. The charter says we appoint after each election of new Commissioners. Those are distincly different things and one of them must be changed. We need a clarification. I am only asking right now for him to prepare a charter change. I am not voting on what he is preparing and when he brings it to me, I may not like it, so I am only asking you to support me in that, he prepare it and that we read it and if we like it, we move it, if we don't, we won't. Mayor Ferre: We have a motion. Is there a second to the motion? Rev. Gibson: Mr. Mayor, I am going to second the motion so I could get a draft, I want to make this clear, so I could get a draft and when I read it, I shall always remember the late Bill Baggs. He asked a lawyer to do something for him and he said you know, I can read and write english. He was the editor of the Miami News if you didn't know. I think I could read and write english so I would like the draft come in and after the draft, I will deal with it. Mayor Ferre: There is a motion and a second. Is there any further discussion? Mr. Reese: Mr. Mayor, I would like to make a suggestion that undoubt- edly charter amendments come up at a point of discussion of something of great importance and on the theory that there is conflicts within this charter and I don't think anyone would dispute that. Why not amend your motion for the City Attorney to bring forth all of the conflicts in the charter and reconcile them? Mrs. Gordon: That would be fine if he could get them all ready by this afternoon. Mr. Reese: Well I think every one of them is just as important. You have conflicts in the charter on your budget. You have conflicts on your election dates. You have conflicts all the way through it. Mrs. Gordon: Fine, I wonder why we aren't told about this a couple of months ago? Mr. Rothstein: We are working for example on changes in the conflicts with reference to elections but its so voluminous and so detailed, its been two months - Mrs. Gordon: I understand that and I am not blaming you. Mayor Ferre: We have talked enough about this now. I am going to call the roll. 25 • a Call the roll, please. Mr. Southern: Mr. Plummer? Mr. Plummer: I vote yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern:' Reverend Gibson? Rev. Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mayor Ferre? Mayor Ferre: I vote no for the very simple reason that we are tampering with something which in my opinion is the pillar of the City of Miami. The matter and I don't care what the clarification of the City Attorney on supposed changes. I think that the situation as it exists strengthens the Manager's post. I don't want to be tampering with it and therefore I vote no on this motion. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-571 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATT- ORNEY TO PREPARE A PROPOSED CHARTER AMENDMENT FOR ADOPTION BY THE COMMISSION LATER DURING THE MEETING WHICH WILL CLARIFY THE AMBIGUITIES THEREIN WITH REGARD TO THE APPOINTMENT OF THE CITY MANAGER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. NOES: Mayor Ferre. Mr. Plummer: Mr. Mayor, a point of clarification and edification of myself. We are not voting on that Sir. We are voting to ask the City Attorney b prepare for us, a clarification. We are not in any way voting to tamper with the charter. Mrs. Gordon: You are so right. Mr. Plummer: Mrs. Gordon, I do a pretty good job of expressing myself or I thought I did. We are not in any way tampering. We are asking the attorney to come forth in his opinion what is needed for clarification. Then, if we wish to vote to tamper as you wish to use the word, then that's a different story but I want it clarified that we are not in any way, by this vote, indicating that we are going to but merely exploring. Mayor Ferre: I accept that clarification. Now one last matter on the question of the Manager. 26 JUL 26 1973 • • 4I don't want it in any way to be understood that I do not have faith in Paul Andrews and as is done many times in legislative matters, a man takes a position, he votes on it and then after the vote is recorded, and the majority rules, then as a show of confidence, the vote is requested to be unanimous. Now Mr. City Attorney. In the legislature, I know how that works. I don't know how that works under our charter but as a matter of courtesy to Mr. Paul Andrews, I would like to without changing my previous vote, now cast, and request that a unanimous vote of con- fidence by cast for Paul k idrews. Mr. Rothstein: That can i;e cast as a separate resolution. Mayor Ferre: I so wove for the record. Mrs. Gordon: I so second. Rev. Gibson: Any discussion? All right Sir, call the roll. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-572 A RESOLUTION EXPRESSING THE UNANIMOUS CONFIDENCE OF THE CITY COMMISSION IN THE INTEGRITY AND ABILITY OF PAUL W. ANDREWS AS CITY MANAGER OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 9, D-ADLINE FORM A IFICATION OF C TY COMMISSION CANDIDATES -DISCUSSION Mr. Plummer: I would like to ask a question of you Sir and since I'm not running, I don't think anyone can accuse me. I thought in the past, that it is always very very foolish, that the deadline for qualifying is at 12 midnight. Is it need in the form of a charter change or can this Commission do it by resolution, that in fact the qualifying final time be 5 P.M. so that the Clerk and the rest of the people don't have to sit here from 5 O'Clock in the afternoon until midnight. I don't think there is any reason in the world that they should have to sit here until midnight. If a mans is going to run, he knows at 4:S9 as well as: he does at 11:59. If a woman is going to run, that is the same thing. Mayor Ferre: Is that a motion? Mr. Plummer: I want to know if it should be in the motion or whether it takes a charter change. Mr. Rothstein: Here is the problem. Your charter provides for so many days prior to the elections for the qualifications to close so that means, a court interpretation days means to midnight of the day so the answer to your question, it would require a charter change and this is standard procedure with every filing in the County and State the same way. Mayor Ferre: Do you want to make a motion? 27 JUL 2 61973 R Mr. Plummer: I will make a motion that at the same time the City Attorney brings back Mrs. Gordon's motion, that he bring back a clarification of that. Mr. Reboso: Second. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-573 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATT- ORNEY TO PREPARE A PROPOSED CHARTER AMENDMENT FOR ADOPTION BY THE COMMISSION LATER DURING THE MEETING WHICH WILL CHANGE THE DEADLINE FOR QUALIFICATION OF CANDIDATES FOR THE OFFICE OF CITY COMMISSION FROM 12:00 O'CLOCK MIDNIGHT 45 DAYS PRIOR TO THE PRIMARY ELECTION TO 5:00 O'CLOCK P.M. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 10. PERSONAL APPEARANCE - LUCIUS WILLIAMS DOWNTOWN DEVELOPMENT AUTHORITY MAYOR FERRE announced the chair would recognize the presence of Mr. Lucius Williams from the Downtown Development Authority for a brief presentation. Mr. Williams: Mr. Mayor and Commission. On previous occasions you have considered the request of the developers of Flagler Center for the use of the property at 46 West Flagier Street. At the last Commission Meeting you determined that the property should ultimately be turned into a public park. The request of the developer is that they be permitted to demolish the building at their cost. To clear the site of all rubble and to use this property for a period of one year in return for the cost of the demolition of the property and the removal from the site. Mr. Acton and I have met with the developers and they have agreed in addition to the removal, to cooperate with the planning of the park site. To provide acceptable``surface to the building and Mr. Mayor at your request, I have talked with the developers and they have indicated a willingness to make available 1,000 sq.ft. of office space adjacent for the municipal offices that are there presently and that could be done for a period of 3 months. Mayor Ferre: Now I think the proper way of doing this is for us to take a stand on the Commission on the philosophy of it and then turn it over to the Manager for specific resolution with Mr. Revitz and the parties involved. Is there a motion to that effect or does anybody want to discuss it any further? Mr. Reese: Mr. Mayor, I think that Mr. Revitz's offer is very con- siderate of Mr. Revitz, but I think the city administration should be afforded to get into this to discuss it and find out all of the ramifications and I would also like to point out that the function of the office downtown has been for walk-in business of people getting permits, paying water bills etc., and second floor, t}:ird floor, upstairs office space, is not really !suitable for the walk-in business. 28 JUL 261973 • ■ 1 1 1 } 4 I think the City would have to explore all of these ramifications and be in a position of then coming back here and recommending that we go out and utilize space or that we use this space. Mayor Ferre: The problem is one of timing Mr. Reese so let me, - Mr. Reese: That is always a burden but I don't think the Downtown Development Authority or the Planning Director of the City of Miami has the prerogative to get the city administration in this position. Mayor Ferre: Well let me make a motion and see if I can cover all sides of this as well as I can. My motion is this Commission go on record on philosophy of permitting Mr. Revitz and the corporation that will be erecting this building, the use of the property adjacent to it, provided that at their expense, they demolish the existing buildings, clear the land #1. #2, make adequate space available for a period of three months not to be over 1,000 sq.ft. for the use of the City to house these people provided however, that this matter be referred to the City Manager for his negotiations and leave upon his final discretion the evolution and conclusion of this proposal. Mr. Plummer: I second the motion. Mr. Revitz: There is but one stumble block in that and time is of the essence. This is all predicated that the premises take occupancy within the next 5 days and that the premises they are occupying at the present time be demolished. Mayor Ferre: Mr. Revitz, we can't do that in 5 days. If it can be worked out, I am offering a motion that we as a matter of philosophy go on record that we want to comply with this as quickly as possible. I don't think we could do that beyond the capacity of the City Manager to try to•solve this problem and my experience with Mr. Reese is that he is a tough man but once this Commission goes on record on a matter of philosophy, I have never known that he has deviated from what we've asked. Mr. Plummer: Let's put the burden on Mr. Reese. Mr. Reese will it take you 10 days Sir? You tell us what and that will answer the marts questions. Mr. Reese: I don't know all the ramifications connected with this. I have not been in on any of the discussion. Mr. Plummer: What I am saying is, under normal circumstances Sir, do you think you could give the man an answer in 15 days, 10 days, 5 days. Mr. Reese: We can give him an answer but he may not like to hear the answer we will give. We'll give him the best answer we can and endeavor to work it out as rapidly as possible. I would imagine by the end of next week- Mr.Wellington Rolle: Mr. Mayor, let me make one comment here. It seems very strange that the public's business is being transacted in private with the Downtown Development Authority and you are going around the Manager. Now I am opposed to this kind of action. Now first of all if you are talking about public properties and it is public property, I think that the suggestion should have been made to the Manager in terms of what you propose to do with it and then I think that this Commission should have received the Manager's recommendation but I think it is unfortunate at this particular time, you want to put the Manager on the spot and say that you want to transact the public's business in a manner that is acceptable to these gentlemen over here and I think that is unfortunate. Mayor Ferre: All right Mr. Rolle. Mr. Williams: Mr. Mayor, I would like the record to reflect that we were acting in accordance with the direction of this Commission. Mayor Ferre: That is correct. It has been fully and publicly aired on several occasions and discussed here so that previous statement was completely and totally inaccurate. 29 JCS' 961973 • • Mr. Reese: Mr. Mayor, I think the comments were made and I am quite sure the gentleman was not informed on all the different ramifications and facets of this..This Commission did take a positive action on this that this should be used for a public park. That was the action of this Commission but it didn't give Lucius Williams one bit of prerogative to proceed to negoti'ite f.,r this. This is my point. Mayor Ferre: Mr. Reese, that may be well. All we are talking about now is whether we as a matter of philosophy want to take advantage of an offer which is being made by Mr. Revitz. Now the fact that he went and talked to Mr. Lucius Williams in my opinion does not in any way negate the fact that he has to come before this Commission to discuss this with us and that it is our deliberations here in the public that will finalize and determine this issue. Mr. Reese: I agree with you. Mr. Revitz is here speaking for Mr. Revitz. Mayor Ferre: That's right, we are talking to Mr. Revitz on a matter that affects Mr. Revitz and his corporation and also affects the City because he made a specific offer. Now all we are voting on here is whether we accept or reject his offer and I am making a motion to accept his offer subject to your finalization, that's it. Mrs. Gordon: Have him repeat his offer please. Rev. Gibson: All right. Mrs. Gordon: Repeat your offer. Mayor Ferre: We have a time problem, let me cut through all of this, the offer was - Mrs. Gordon: I want to hear it from him. Mayor Ferre: The offer is very simple. He will remove the structure, clear the land, and he wants the use of the property for a period of one year or less to use in the construction of his building at which time he will then leave us a cleared piece of property, saving us $15,000 #1. #2 he will make available to the City of Miami, 1,000 Sq.Ft. of property for a 3-month period so that we will then have time to find suitable space for the functions that are now being performed in the building. Since we have gone on record that this is going to be a public park, a mini -park, and those functions will be removed I see no conflict at all and all we are doing :.is saving the City $15,000. Mrs. Gordon: There is a point to consider though Mr. Mayor in all of this and that is the moving of the personnel and equipment that is in the building to a temporary location and then a re -location and that all costs money and I am not so sure that it won't offset the amount of money that we are supposedly saving by the demolition of the building. These things are not clear in my mind and further than that, if the offer said that they could stay longer than the 90 days, or what happens if we don't have a place for our employees and our - Mayor Ferre: They have got to be moved anyway. Mrs. Gordon:. and our departments in 90._days, what if we don't have it? We certainly couldn't move them in here. We don't have enough room in here even for another chair upstairs. Mayor Ferre: Mrs. Gordon, didn't you go on record saying you wanted a park there? Mrs. Gordon: I want the park but one thing doesn't seem to me to be dependent upon the other. I very much favor a park. I am for a park and I want parks to be developed downtown as well in other areas of the City but there is more to it than just this. Mayor Ferre: We are running out of time. There is a motion on the floor. Rev. Gibson: All right, is there any further discussion, call the roll Sir. 30 JUL 261973 • g 11.1 I API MI • Mayor Ferre: The motion is very clear. The motion is that we accept Mr. Revitz's offer and that it be referred to Mr. Reese to work out the details if he can. If he can't, then it won't get done and my apologies to Mr. Revitz. I think its a good idea. Mr. Reese has full authority to negotiate this thing with Mr. Revitz. He knows what the philosophy of this Commission is. Mrs. Gordon: I have a very pointed question to Mr. Williams and to Mr. Revitz. In the event we don't have other quarters in 90 days, can our personnel stay there until we have other quarters? Mr. Revitz: Absolutely, at the going rate. Mrs. Gordon: Pardon me? Mr. Revitz: Absolutely, at the going rate, in the downtown area. Mr. Plummer: Mrs. Gordon, this is why we are turning it over to the Manager to negotiate. Lets let the Manager do it. Mrs. Gordon: Including 90 days. Mayor Ferre: The motion includes 90 days. It's in the hands of the Manager. If he can't work it out, then there is nothing we can do about it. Rev. Gibson: Call the roll. Mr.Southern: Mrs. Gordon? Mrs. Gordon: Yes but we are directing the Manager. We are not leaving anything much to him except to do it. Go ahead and do it, we want it done and we want it done in such a time, not 5 days, maybe 10 days but we want it done. Mayor Ferre: I didn't specify time in the motion. Its up to the Manager to work out the details if he can. If he can't, then its prerogative that the thing is a dead issue. Mrs. Gordon: If the motion is more than just a direction to him to go ahead and work it out, if its truly what you say it is, and that if he says, I can't work it out, that's the end of it, I will vote with the motion. Mr. Southern: Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Mayor Ferre? Mayor Ferre: I vote yes. Mr. Southern: Vice Mayor Gibson? Vice Mayor Gibson: Yes thereupon the following resolution was introduced by Mayor Ferre who moved its adoption: 31 JUL 261973 • • RESOLUTION NO. 73-574 A RESOLUTION ACCEPTING IN PRINCIPLE THE OFFER OF THE DEVELOPERS OF PROPERTY -IMMEDIATELY TO THE EAST OF CITY OWNED PROPERTY KNOWN AS_46 WEST FLAGLER STREET TO DEMOLISH THE EXISTING BUILDING AT 46 WEST FLAGLER STREET 'AT THEIR EXPENSE AND CLEAR THE SITE IN RET- URN FOR THE USE OF SAID SITE FOR A PERIOD OF ONE YEAR; AND CONDITIONED UPON SAID DEVELOPERS MAKING AVAILABLE WITHOUT CHARGE OFFICE ACCOMODATIONS NOT TO EXCEED 1,000 SQUARE FEET FOR CITY EMPLOYEES FOR A PERIOD OF THREE MONTHS TO ACCOMMODATE THE ACTIV- ITIES OF THE EMPLOYEES PRESENTLY OCCUPYING THE BUILDING KNOWN AS 46 WEST FLAGLER STREET; AND RE- FERRING THIS MATTER TO THE CITY MANAGER FOR NEGOT- IATION OF A CONTRACT, AND LEAVING THE EVOLUTION AND FINAL CONCLUSION OF SUCH A CONTRACT TO THE DISCRETION OF THE CITY MANAGER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 11, PERSONAL APPEARANCE - REVEREND WILLIAMS REGARDING APPOINTMENT TO MODEL CITIES BOARD Rev. Williams: Mr. Mayor, I was appointed to serve for the City of Miami on the administration board of Model Cities 2 years ago. My term expires and we have contacted Mr. Reese's office and he said that I would have to come back here to get reappointed and I would like very much to be reappointed._ I am sorry that I didn't get on the agenda but this was the only way that I thought I could do it. Mrs. Gordon: May I ask a question of information. I am not knowledgable about appointments to the board and all this and certainly I would like to know more about what we are doing. Eunice Liberty, you are here on this same matter. Both of you, I consider friends of mine. I hope you are not in competition with each other. Rev. Williams: Not at all. Mrs. Gordon: All right then, you are both open for re -appointment? I would so move you both be appointed. Mayor Ferre: There is a motion for reappointment. Is there a second to the motion. Mrs. Eunice Liberty and Reverend P. W. Williams are being moved now for reappointment. Mrs. Gordon: Mrs. Liberty would like to speak to this and I would like to hear her. Mayor Ferre: Go ahead Mrs. Liberty. Mrs. Eunice Liberty: I am very much surprised this morning to know there is two of us. I understood there was only one of us. For the last past year, the record so reads that I represent the City of Miami on the Board. Now if there are two of us, I should have been told. 32 JUL 2 61973 • • I had a letter, a conflict where Rev. Williams name had been called first and I had a letter also tell me that I was the person to be represented by the City and on every Board meeting that I have ever gone on, I have represented the City of Miami on Model Cities. I came to Model Cities in 68 before the money came in on housing so I am very much interested in model cities. I am very surprised this morning to know two of us were doing the same thing. Mr. Plummer: I would like to move at this time Mr. Mayor that this matter be deferred until the September 13th agenda, the one thing that I don't want this Commission to be criticizes' for is to say that we didsomething without public knowledge which we have and I don't like it so I think what we can do is defer it until the September 13th meeting and put it on the agenda as a regular item and ask for a clarification from the City Clerk and City Attorney to be presented at that meeting. Mrs. Gordon: I'll second that. Mayor Ferre: Call the roll on deferral. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-575 A RESOLUTION TO DEFER UNTIL THE MEETING TO BE HELD ON SEPTEMBER 13, 1973, THE QUESTION OF RE -APPOINTMENTS TO THE MODEL CITIES BOARD PENDING CLARIFICATION OF THE MATTER BY THE CITY CLERK AND THE CITY ATTORNEY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Rev. Williams: My statement is this. I am certain that I was first appointed by the City to serve the City. Mayor Ferre: Reverend excuse me for interrupting you. We are 23 hours late. You will be heardcappropriately in September and I will give you all the time you need then. Mr. Reese will look into it and come back to us. It will be actually Mr. Andrews. 12, EXPRESS CONMI FNCFS TO FAMILY_ OF_CAPTAIIi EDDI_F RICKFNRACKFR The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION 73-576 A RESOLUTION HONORING CAPTAIN EDDIE RICKENBACKER AND EXPRESSING SYMPATHY AND CONDOLENCES TO HIS FAMILY 1 9 33 JUL 261973 • 1 i ... IMI lit i (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None .. 13, VARIANCE- LOTS 2 THRU 19., TRACT 19A BLK 21. WADDELLS ADD.REPLAT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-577 A RESOLUTION REFERRING BACK TO THE PLANNING DEPARTMENT THE APPLICATION OF NATIONAL FREEZERS, INC., FOR VARIANCE TO PERMIT CONSTRUCTION OF COLD STORAGE PLANT ON LOTS 2 THRU 19, AND TRACT 19A, BLOCK 21, WADELL'S ADDITION REPLAT, LOCATED AT APPROXIMATELY 1849 N. W. MIAMI COURT WAIVING 29 OF 93 REQUIRED OFF-STREET PARKING SPACES, SITE ZONED I-1 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Attorney for the Applicant appeared and requested this deferral. 14, ORDINANCE MAKING APPROPRIATIONS - OFF-STREET PARKING BUDGET The Chair recognized the presence of Mr. Arthur H. Brawn, Assistant Off -Street Parking Director. Mayor Ferre: Lets cut through this. I have read your proposed budget and I don't see any sources of income in there. Do you have those available for us today? Mr. Brawn: Yes Sir, I have them here, whatever you need. Mayor Ferre: They have not been submitted to this Commission and because of that I would like to see this item deferred until this afternoon to give us an opportunity at lunch time to look over the re -submitted proposed budget which we have not, up until this time, seen. If you will make this available to all the members of the Commission and come back here, we will take it up after lunch. Mr. Brawn: All right Sir. 15, PERSOLAL APPEARANCE - GLUCK PRESIDENT OF THE MIAMI COIN CLUB Mr. Gluck: I am the President of the Miami Coin Club, and our national association in April, had National Coin Week and the City presented us with a proclamation and I would now like to present the City with a Certificate of Appreciation, that's all. For Mrs. Gordon, who signed it. Mayor Ferre: All right, give it to Mrs. Gordon in the name of the City. Thank you very much we are very grateful and appreciate it. 34 JUL 26197 • DEFERRED ITEMS AO Objections to confirming ordering resolution 73-193 for 8 N.W. 29th Street HIGHWAY IMPROVEMENT H-4361 Due to an objection of a property owner in the area the Commission agreed to defer Item 8 to September 13, 1973 and instructed Mr. Vincent Grimm, Director of Public Works to meet with these objectors AG 1U Ordinance changing zoning classification S. 50' LOTS 1 $ 2, Block 60S MIAMI B-41 818 S. W. 45th Avenue The City Manager announced the applicant had an emergency in his family and asked that this item be deferred until September 13, 1973, to which the Commission agreed. 16, PUBLIC HEARING - MAYOR'S COMMITTEE ON PARKS AND RECREATION RECOMMENDAT LONS FOR THE TRANSFER OF PARKS AND RECREATION Mayor Ferre: Now Mr. Walter Etling, with our apologies, the chair recognizes you. Mr. Etling: Thank you Mr. Mayor. As you mentioned, we had an opportunity to give this report at a previous meeting but I will go over it again. The background of our report is that at a regular City Commission Meeting, the Mayor of Miami, supported by the Commissioners, authorized a committee to "Study the feasibility of turning over the operation and responsibility for the City of Miami Parks and Recreation Department and all the City Park_ and Recreation areas including the Orange Bowl to the Metropolitan Govern- ment of Dade County". Subsequently at a regular City Commission meeting, the Mayor again supported by a resolution of the Commissioners asked the committee to consider an additional charge, the study of Manager Reese's new Orange Bowl improvements program. The members of the committee are: Walter Etling, Chairman Mrs. Penny Angleton Carlos Arboleya Bill Colson William Fields Martin Fine Ray Goode Senator Bob Graham Melvin Reese Harper Sibley Dr. Henry King Stanford William Wynn J. L. Plummer Mr. Lester Freeman There were 5 regular meetings of the committee and several sub- committee meetings. Representatives of the University of Miami The Miami Dolphins The Orange Bowl Committee Dade Co.Board of Public Instruction Miami Toros all were in attendance and made statements to one or more of the meetings of the committee. 35 'JUL 261973 • • In addition, the committee studied various papers, publications and research reports as indicated by the attached bibliography. There is a bibliography attached to our report of 9 studies that we looked into before making our recommendation. An inventory of the facilities in existence and planned under various bond issues was prepared and discussed. The basic recommendations of the committee were as follows: (a) That the City Commission should by resolution request the County Commission to: 1. Instruct the County Manager to begin immediate negotiations with the City Manager and with all other municipalities as they express interest who own and operate parks, golf courses, recreation facilities and structured leisure time facilities for the transfer of all operations, maintenance, supervision and planning to Metropolitan Dade County the report also suggested that until such time as a public referendum county -wide be placed on the ballot, all of these facilities would remain the property of the present municipal owners. In the case of debt, authorized, but not yet expended, the appropriate municipal governing body or its designee would have final approvals of any planning relative to the expenditures of the money. (b) To authorize a public referendum to allow County citizens to vote to assume all the general obligations and thusly the ownership of the properties. In addition, our committee recommended that the City Commission should instruct the City Manager with regard to the Orange Bowl. Do you want me to go into this? Mr. MAYOR, do you think it is appropriate to make that part of the report at this time? Why don't I go forward and move into some of the rationale of our report leaving out the part of the renovation of the Orange Bowl Stadium as I understand the Commission has already taken some action and if that is a matter of fact, the Orange Bowl will be under the operation of the County and will go forward. The rationale on which our committee made this recommendation is as follows: That separate park administrations make a uniform policy for park development and long term planning most difficult. The very nature of park recreation facilities, that is open areas, easy access, make it imperative that they be considered, regional facilities. This reasoning we felt, couldn't be limited only to the City and that is why we didn't feel it was right to single out the City for transfer. We don't hold out necessarily that net savings to taxpayers was a valid reason for making the transfer in that no real money would be saved. Not only everything would remain in action, but would,.be expanded. It would just be a broadening of the tax base. In concept, the committee felt that the regional facilities serving all the people in Dade County should ultimately be paid for by all of the people of the County. While it might be argued that certain tot -lots are not regional, we feel as a practical matter, once a decision is made, then the County Umbrella would best serve all the people. These recommendations we feel, afford Metropolitan Dade County the opportunity to further develop a Metropolitan Park, Recreational system for the entire county by long range and master planning based on consid- eration of such natural factors as air, light, water, population trends, social and cultural needs. Such master planning and sound management could be done only for an area large enough to include all the essential natural factors by control of the whole area. Let me say as far as the City of Miami taxpayers are concerned that the far-sighted taxpayers of the City of Miami approved in March of 1972, a "Parks for People" bond issue of close to 40 million dollars. These recommendations in the opinion of the committee serve to strengthen the implementation and benefits to these taxpayers. The citizens under this recommendation would retain ownership until they were relieved of their debt. They would retain rights to planning, decisions with their elected officials. They would receive the resources of the County to improve the plans if they enhance the projects, they would receive the combined resources for servicing and programming of the completed facilities. 36 JUL 26197 • • The County taxpayer is being asked to share universally in the cost of operating, maintaining and servicing facilities which many of them have been using daily. I suppose the best picture of the impact is simple. The City of Miami taxpayer is relieved of 1.8 mill expense at a cost of 0.3 mills. The County taxpayer is levied an additional 0.3 mills for his or her share of the facilities they' may have been using. In our opinion we all achieve a better overall system for leisure use. I will skip through the Orange Bowl recommendations other than to say that the committee felt strongly that work should move forward with Orange Bowl physical planning and input from all user tenants. The networks and the fans themselves should be made an integral part of any Orange Bowl planning. As far as the City personnel are concerned. The committee under- stands and reiterates that under the Metro Charter, transferred employees affected by these recommendations obtain their full rights. Were it not so, our recommendations would be different. As I understand it, should this transfer be implemented, everyone who is now working in the recreation department of the City as in the Sewer Department and other transfers would retain their rights and salaries etc. In conclusion, we don't have to search far to find success stories in this type of centralization using a contract for services approach. The county library system is a fine example. The Metro -Miami Water and Sewer Authority is another one. Our recommendations look to the future with no critical eye on the past. The facts are that the city and county citizens have access to some of the finest facilities for leisure activities in the world. As we want to improve ourselves, we as a committee simply suggest that we combine good systems into one overall finer system for all of our people. I might note that we had many hours of discussion on this. We met as a member of our committee, Mr. Plummer will attest, many times and everybody wasn't in total agreement but I think we came to a recommendation and conclusion that the vast majority of our committee believed it is for the overall good of the citizens of the City of Miami and Dade County. Thank you Mr. Mayor, I will be delighted co answer any questions or respond. Mrs. Gordon: 1 have a very important question. Mr. Plummer: Mrs. Gordon, may I interject just one short note for the record please. I would like the record to reflect that both myself and Mr. Reese basically only entered into discussion in the committee meetings as it related to the Orange Bowl. Not in the Parks transfer. We answered any questions that we could but our basic discussion was relating to the Orange Bowl. Mrs. Gordon: I have a question and its the kind of a question that nagged at me and I am sure at many citizens of the City of Miami. Maybe because and I respect you Mr. Etling because I have known you for many years and I really do appreciate the work you have done for the City in chairing this very important committee but in your delib- erations, have you considered or has the committee considered what benefit do the citizens of the City of Miami receive from the Bond Issue for Parks which was passed by the County? Why doesn't the County take some of those funds and give them back to the City to he used in the development and redevelopment of some of the parks within the City limits? This is something I cannot comprehend. Mr. Etling: Well I think that, I really - Mrs. Gordon: Can you tell me because you worked with a group of people and I thought maybe the question was raised there, Mr. Etling: If I can make one kind of overall statement about our committee and its deliberations. The citizens of Miami are paying for the new zoo and they can enjoy it. The citizens of Miami help to pay for Matheson Hammock and Crandon Park and other county facilities and enjoy it. Let me 37 say as far as I am concerned, personally, philosphically. I think that the overriding =philosophy of this committee was that and without this basic reason, I don't think there is much validity to our report and the basic reason is, in our opinion at any rate, such things as Orange Bowl Stadium, Marine Stadium, Miami Stadium, Miami Springs Golf Course, Le Jeune Road Golf Courses are things that benefit all the people of Dade County. They are really regional in nature and should be paid for by all the people of Dade County ultimately and I think that the citizens of Miami for example shouldn't bear the whole burden of providing services necessarily to the County. That's why we are for the ultimate turnover. First step - turn over the operations. Second Step - turn over the debt if the people want to assume. Mrs. Gordon: Well Walter, you are saying what I am saying. You are saying the whole County to pay for it and I am saying the whole County should pay for it but that doesn't mean the operation has to be transferred. Certainly, the County should contribute to some of that operation because the citizens of Dade County are using it but why does that mean that we have to turn over the operation? Try to answer that if you can to me? Mr. Etling: Well I think if the City determines to turnover. In the first place,-I'hate to be put in the position of an advocate of this but I was basically the Chairman, getting together everybody's ideas and this is what we came up with. Mrs. Gordon: We recognize that and we are not trying to put you on the spot. Mr. Etling: Let me say that the reasoning therefore was tha. ;j operations of these city facilities cost the taxpayers 'of the City of Miami or out of the taxpayers budget, 1.8 mills. $1,350,000 of money is spent by the citizens of Miami to operate their Parks and Recreation programs. This total program, everything that is involved. 90 some parks etc. I am saying that in concept the citizens of Miami shouldn't be forced to pay for that. We would dollar wise, spread the base of that million, three or four around to everybody who is going to enjoy it and the 1.8 mills probably won't result in a tax saving perse to the citizens of Miami because I am certain that whoever is sitting here in November will figure out a way to spend the 1.8 mills for something. I am just saying that as far as Parks and Recreation is concerned, its our opinion that there is plenty of input that could be put into the Parks and Recreation Department of the City of Miami if the County were involved. Maybe their staff etc. would not only help their programs but the citizens of Miami's programs in every respect. Mrs. Gordon: Walter, what I am saying is the emphasis is being put on tax savings and that should not be the emphasis because we are not just really dealing with that because we should have a tax saving in the City of Miami and we really should have a contribution towards it from the County and the County should be paying for the upkeep and the maintenance and the operations but the operations should - it belongs to the City. The City had the foresight to implement these things. Why should the City give it up? and say here, you take it, and you operate it. Give us something to operate it with and we will operate it. Mr. Etling: Well the whole Metro theory is, if its valid and most citizens I think, think it is because they voted many times for the concept of metropolitan government and if the City of Miami shouldn't be in the library so therefore they let all the citizens be in the library business, that's an example of the theory. I don't really mean to debate it with you, I just have given you our report, the reasons for it. Rev. Gibson: Mr. Chairman, this is not a question. I know what it is to be a chairman of a thing like this and really have to - I am saying this for the benefit of the people. Hopefully the people may write it. I don't mind if they take the operation if they also take the debts and all the other things. This really disturbs me about the way we just do some of these things. 38 • • Mayor Ferre: Let me speak to that point Father Gibson. I have a memorandum here that is important to be read into the record: IT is dated July 25, 1973. CITY OF MIAMI. FLORIDA INTER•OFFICE MEMORANDUM trot FROM Hon. Maurice A. Ferre Mayor • DATE, •uuccT, July 25, 1973 FILE, Opinion: Parks & Recreation Department - Bond Issue REVER ENCEtt ENCLOSURES e I am attaching herewith a copy of a letter received from the bond counsel which deals with the question of the transfer of the parks to Metropolitan Dade County. You will note that the bond counsel does not find authorization without a vote of the people as is set forth below: "After researching the Constitution of Florida, the Charter of the City of Miami and the Home Rule Charter of Dade County Florida, the under- signed is of the opinion that Dade County doeL, not ha"Q t e_ N is t e R4vrnent of mms the foregoing and issue nor the power to levy ad valorem taxation for payment of the debt service on the bonds except after approval by a majority vote of the electors of Dade County. Certain sections of the Dade County Home Rule Charter and the Constitution of Florida would ......,..ate seem to indicate that such a transfer ma be ,prohibited,entirely by the Home Rule Charter and by the Constitution particularly insofar as the levying of taxes on the areas outside of the City of Miami by Dade County for the purpose of paying the bonds. We particularly wish to call attention to the fact that ga if Dadt spun, assumed t_he obligation to � llw LK1. \1L�li pay the bongs`that the onlypro erty that could be �trt�r•��wrm��raaKnIwwe.Lur.»�••••....+t. .,.v _,et taxed to a the bonds would be the property inside the cor orate i.mits o t e CZt of'liami. Hence -thiiitili-1-.ioliU-166-1716-61iiifgewners who have the burden of payment. aelva 74-24 75C64/ereva...0 39 ;JUL 261973 • Hon. Maurice A. Ferro July 25, 1973 Mayor It is our conclusion that if the public park and recreational function of the City of Miami w re transferred to Dade County that both the Home Rule Charter of Dade County and the Florida Constitution do require that the ad valorem taxation to repay the indebtedness could.onl be levied even after the trans er on the residents of and thearoperty in e City of Miami. It is our conclusion that any plan for the transfer of, the indebtedness from the public park and recreational bonds and the public parks functions would have to be worked out very closely within the framework of the Florida Constitution, the Home Rule Charter of Dade County and the Charter of the City of Miami, and that with the necessary elections it may be possible to ultimately transfer these functions and the payment of the bonds in the manner provided by the Constitution. In view of the constitutional questions involved, it is apparent that any plan to acconp1ish the forecoinq would ultimately M...wYR ."�1.W ..P •..r\N ..�. J •►•.A \.r•7•ri LR 7�i �r �� - have to be resolved by the Supreme Court which is the only court that can resolve a constitutional question insofar as bonds are concerned." Mayor Ferre: Now that letter is written by bond counsel. Mr. Rothstein if I am not mistaken which is Bryant, Dickens, Rumph , Franson and Miller -and -signed by Mr. Ben H. Dickens; Bond-euune1 dated iotay 23 and as I understand, these people are bond counsel for the City. Mr. Rothstein: Yes Sir and for many other agencies. Mayor Ferre: And for many other agencies throughout the State. Now in view of this, I think it is very obvious that this throws somewhat a different light and I think all of us were previously con- sidering because what in effect Bond Counsel has told us, is that the burden of payment must remain on the citizens of Miami so the basic, premise which you refer to which was the transfer of debt from the citizens of, Miami to the area wide and county wide taxpayers is purely in conflict with the opinion of Bond Counsel. We would have to I think to finalize, get a resolution and take it to the Supreme Court. Mr. Etling: But there are two different kinds of monies we are tacking about, I think. One kind of money we are talking about there is like the 40 million dollar "Parks for People" program. That letter goes to that type of payment by the citizens. Now incidentally, we had at our meeting and I talked a couple of times to Darrey Davis who you probably know is an attorney who at one time worked for the County and he was of the opinion without much research that if the citizens determined to.do so, there is a way that we could get the job done. I don't know how deeply he went into the math of it but the other debt we are talking about or let me put it another way as far as part of our concept, at)out ownership of the properties. Lots of people own office buildings for example that they derive the benefits from and so forth and so on but hire professional managers to run the office building and lots of times the input of the professional managers has a real value to those people even though they aren't managing their buildings themselves. 40 (-JUL 26197 One way or a way to look at this situation might well be that the City of Miami Parks and Recreation Department if run by a different management team and i. e. the County, might serve a better purpose than run by its present management team although I know that the new head of your parks department is an absolute great guy and Mr. Barnes who was on the committee with me who worked with the County as head of Parks has nothing but the highest recommendation for him and is very high on the great job that the City of Miami Parks Department is doing and they are doing a fine job. We as a committee are not in any way critical of the fine job that the City of Miami Parks and Recreation Department is doing. We felt like in concept, there was reason to look into this matter. Mayor Ferre: Well let me speak to that point and then we will get to the public portion, hopefully of this. You know you can say that about any of the functions of the City of Miami. We could also hire the Sheriffs Department to run our police department and they might be able to do a better job of that or we could get the fire department or we could get the garbage department etc etc and I am not being facitious but what you are really speaking to is the viability of the City of Miami. If the City of Miami is to exist, then what is it to exist for? Because, what is the use of appointing a City Manager, if there is nothing for him to manage? Obviously, you haven't heard the end of my position on this which I am going to reserve to the end. Now, I don't think that if we are to remain as a City, that we have to be very careful in the turning over of functions to Metropolitan Dade County. Now, I am also of the opinion and I agree with you, that there are certain parks, certain areas, that might be classified as county -wide as function and service and they are a burden so to speak on the citizens of Miami. If the County is willing to accept those properties with the burdens that go along with it, I for one would be open to discussing the possibility of the transfer of those properties and I am just speaking for myself but we have to bv very careful and paramount in this whole discussion is two very impo:tant points. One is that as of this time, Mr. Reese, you correct me if I am wrong, we have over. 35 million dollars, of bond issues approved in 1967 or 8 and 1970 and 1972. I don't think we have any left over from previous to that. What we have left over is the 1970 and 1972 bond issues which include part of the police station and include many of the parks. Now, those sums have not been issued yet. Now if we do not in the City of Miami, issue them, the County cannot do it for us so in effect, we would be losing the advantage of things that have been approved by the electorate, #1 and #2, if we turn it over without passing the issue, it would then be contrary to the will of the people of Miami who in effect voted for those bonds so that is something that will have to be considered. Now the second portion that I think has to be seriously considered is the question of the transfer of debt and I think that is something that due to this memorandum that was received today by the city attorney on an opinion by our bond counsel is a matter that I would like that Mr. City Attorney that everyone on the Commission get a copy of this, that Mr. Walter Etling get a copy of it. I would like Mr. Darry Davis to get a copy of it and Mr. Dan Paul whd has shown some interest and I would then at the next Commission meeting, like to discuss the poss- ibility of taking this to the Supreme Court to get a final deliberation and testing on this so we can finalize on this matter. 41 'JUL 2 61973 • • Mr. Etling: There was another opinion. I spoke with the Bond Counsel for the County and he thought there was a possibility that it could be done and I am not a lawyer. Mayor Ferre: Did we get a letter from him? Could you request? Mr. Etling: I just went over and talked to him in the early -on in our proceedings to find out whether there was even a chance. Then we went to Darry Davis. Mr. Rothstein: There has been no bond counsel or county attorney's opinion written that I know about. One of the big problems is, can the County do indirectly what they can't do directly? The County cannot obligate itself for X-number of dollars for bond issues by means of any other than having a vote of the people. I think that is what bond counsel is concerned with. If the County Attorney is going to make a statement that the County can take over millions and millions of dollars worth of bonds without going to the voters of Dade County by the indirect means of saying we will pay off a certain amount in each general budget, I don't know if the Courts would uphold it and I don't know if he would give that opinion but certainly from the viewpoint of the citizens of the City of Miami, if anybody in the County is to take the position, well we can just simply pay off out of our general budget, there is no way one County Commission or one County Manager can require later ones to do that so the end result always may be that the citizens of Miami will never know, if they take that position, and I don't know that they will because you can't do indirectly what you can't do directly but the citizens could never know that they themselvcs will not be burdened with everything. Mr. Etling: I don't want to go on record as saying that the County Attorney said anything. We had an informal discussion with a man in the County that does the bonds and it was without research. Mayor Ferre: Lets do it formally. I would like to - Mrs. Gordon: Can I ask Mr. Rothstein a question? Mayoi Fe re: Well iet me mrkc a motion before that. Mrs. Gordon: Before your motion, may I ask that - Mayor Ferre: It's a very simple motion and that is that this matter be sent over to the County Attorney and we would like a reply if he has a difference of opinion including bond counsel;that we also as a matter of courtesy give this to Mr. Darry Davis and Mr. Dan Paul, both prominent attorneys in our midst who have taken an interest in this matter and if they have any points they would like to make on this legal question, let them come before us and so be scheduled on September 13th for the purpose of clarification. Beyond that we take this matter to the- well lets not do that yet. Mr. Reese: Mr. Mayor, this item has been brought up and there were certain points made that I think on the committee meetings that I sat in, I gathered a different impression. There was nothing to my knowledge brought up about the administration of the City of Miami Parks. That metro could do it more efficient or - Mayor Ferre: Now before we get into that - Mr. Reese: Now now, please, may I please make the observation? Then you can go ahead because there was nothing brought up about that. Then the other part is that we have never transferred anything to Metro that they have ever assumed a debt on - anything. The other point is the libraries were mentioned this morning. When we transferred the libraries to Metropolitan Dade County, they were going to institute a county -wide library system and to this day, you will find it in action line, in this morning's Herald, they have not initiated a county -wide library system. Now as you go down through the record and then to mention that the Le Jeune Golf Course and the Orange Bowl is a tax burden is '- absolutely erroneous to the public. 1 I want the records straightened that it is not true. 42 'JUL 261973 • Rev. Gibson: All right the motion was made by the Mayor, is there a second? Mr. Plummer: I second the motion. Rev. Gibson Any discussion? Call the roll Sir. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-578 A RESOLUTION REFERRING TO THE COUNTY ATTORNEY AND THE BOND COUNSEL FOR METROPOLITAN DADE COUNTY, THE REPORT OF THE MAYOR'S COMMITTEE ON PARKS AND RECREATION WITH RESPECT TO THE PROPOSED RECOMMENDATIONS FOR THE TRANSFER OF THE CITY OF MIAMI PARKS AND RECREATIONAL FACILITIES TO METROPOLITAN DADE COUNTY, AND REQUESTING THAT OPINIONS BE FURNISHED TO THE COMMISSION PRIOR TO SEPTEMBER 13TH IN ORDER THAT THE MATTER MAY BE HEARD ON THAT DATE WITH A CLARIFICATION OF LEGAL QUESTIONS WHICH HAVE BEEN RAISED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend•Gibson and Mayor Ferre. NOES: None Mayor Ferre: Now the chair will recognize Commissioner Gordon. Mrs. Gordon: To you Mr. Rothstein. Tell me, how we'can proceed to request from Metro that they spend some of those tax dollars in the City of Miami and if we want to be more specific, let's say in those park areas which the City has which are sometimes referred to as regional in concept. How can we proceed, not just in a very mild way but in a very definite way to say that the City of Miami taxpayers are entitled to have some of the money they voted for spent within the limits of the City of Miami and they are used not only by us but by all the citizens of the county. Tell me how to proceed? Mr. Rothstein: There are several ways. Way #1 is through the committee that you have already appointed to work in cooperation with the County. Way #2 is for the civic groups and the citizens of the City of Miami effectively to join together into a group to present their voting power to the County Commission at county budget time to let the County Commission know that they want a fair share of money of the county being spent into the City for example, instead of making the citizens of the City pay $1,200,000 to give extra police service into the unincorporated areas through the Florida Highway Patrol, that the county could very easily make a taxing district to the local people to pay for their police the way the local people in the City pay for their police. Way #3 is for individual taxpayers to file taxpayers suits determining all these matters about unfair treatment in which the various municipalities theoretically could join as amicus curiae but this Commission could not institute such a suit itself. It has to be a taxpayers suit. 43 ?JUL 2 61973 Mr. Plummer: We just recently formed a committee between Miami and Metro. We will meet again on the 12th of September and I can tell you Mr. Mayor and Mrs. Gordon, that this question has already been raised by the committee and will be under discussion on the 12th. Mrs. Gordon: To finalize it and give support to the theory, I want to move that this City of Miami Commission go on record as urging Metro to fulfill the responsibility to the City of Miami taxpayers in regard to allocating some of the parks bonds monies for use within the City of Miami park system. Mayor Ferre: There is a motion. Rev. Gibson: I'll second that. Mayor Ferre: There is a second on the motion. Mr. Rothstein: I believe you now. You passed the other motion about sending the material to the attorney. ok. Mrs. Gordon: It needs to be done now because of the budget hearings that are coming up. Mayor Ferre: I'll tell you my opinion. I think, I agree with the theory of it. I think that we are supposed to be having a public hearing here to duscuss the committee report and I would respectfully request. I am going to vcte for the motion, but I would respectfully request that you wait unti.. we finish with the public hearing portion and then I will recognize you for the motion. Mrs. Gordon: all right, I will defer my motion to the end of the public hearing. Mayor Terre: Now, Mr. Chairman, I don't want you and I feel that you and your committee may feel that your hard work was for naught. I want you to recognize that there are divergent opinions in this City and we are going to hear all of them. I have not taken a position and I don't thank anybody here has officially at this point. I want to thank you very much for the hard work and effort that you put forward. There .are serious matters to be considered. It is a difficult decision. There are arguments on both sides. There.are valid arguments on both sides. Some of the premises may change depending on the legal circumstances. If what the City Attorney and Bryant, Dickens Rumpf, Franson and Miller say in this letter, then I think you would agree that it throws a completely different light. Mr. Etling: Well I.would like to say Mr. Mayor, that I am not emotional about the matter. I tried to do a job for the City. If you all decide that the recommendation of this committee which we arrived at, hopefully in an unemotional manner, are not what you want to do, you are not going to hurt my feelings at all. I would also like to respond a little bit to Mr. Reese in that I agree with him wholeheartedly that no one in our committee ever said a single thing derogatory about the City of Miami Park and Recreation Department. As a matter of fact, we were complimentary. In my previous remarks I was complimentary about the fine job you people were doing and I never also, said that we were making money in the Marine Stadium or the Miami Stadium or that we were losing money anywhere. The concept is all I was speaking of and I used the Miami Springs Golf Course as a mere example trying to explain our theory and how we arrived at our conclusion. We aren't mad at anybody. Mayor Ferre: All right. We certainly thank you for all your deliberations and for your efforts. Now at this time, we have 13 speakers that wish - Mr. Plummer: Maybe I am at a loss Mr. Mayor, but I think the action of your motion precludes any further hearing at this time until this legality has been settled. Mr. Rothstein: The motion was stated and determined, that was just to send to these other attorneys, this opinion of bond counsels opinion so you have a public hearing. At the conclusion of the public hearing if you decide that the Citizens of Miami don't want to turn the parks 44 -.JUL 261973 over under any circumstance, then all that will be an academic legal discussion. You have a public hearing on.this committee's report for the citizens either to say yea or nay. Mayor Ferre: I am going to at this time recognize Mrs. Cammenetti who is the only other speaker here present, as a proponent of the turnover and _Mrs. Camenetti how long do you wish to speak? Rev. Gibson: Mr. Mayor, before the chairman leaves, I hope this city will pass a resolution thanking the committee for their long and laborious hours spent. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-579 A RESOLUTION EXPRESSING APPRECIATION TO MR. WALTER ETLING AND THE MEMBERS OF THE MAYOR'S COMMITTEE ON PARKS AND RECREATION FOR THE EFFORTS WHICH THEY HAVE EXPENDED IN CONNECTION WITH THE PROPOSED TRANSFER OF THE CITY'S PARKS AND RECREATION FACILITIES TO METROPOLITAN DADE COUNTY, AND INSTRUCTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PREPARE A SUITABLE RESOLUTION TO BE PRESENTED TO MR. ETLING AND THE MEMBERS OF THE COMMITTEE AT A FUTURE MEETING OF THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mrs. Cammenetti: My name is Mrs. Ricky Cammenetti. I live at 4245 S. W. 2nd Terrace. On April 2nd,-I wrote to Mrs. Gordon:"Pursuant to our conversation regarding mini -parks $ tot lots in our community, it is respectfully requested that the City Commission appoint a committee to study the area involved. Our neighborhood is definitely in need of several such parks. Several children have been hurt and many have had near misses with the heavier flow of traffic on the streets while engaged in playing football, baseball and basketball etc. In urging our neighborhood homeowners to vote for the bond issue, the provision of parks and playground areas played an important role in their favorable vote. Hopefully these citizens will not be disappointed. Trusting that the entire Commission will give this matter their undivided consideration and in behalf of the children, we remain, respectfully yours". At a Planning and Zoning Board, our request for tot lots and mimi-parks was questioned. I therefore wrote to Mr. Ron who is property research director for Dade County Parks and Recreation Department and stated: "continuing our conversation regarding the vital need for mini -parks and tot lots in our neighborhood, I appeared before the City of Miami Planning and Zoning Board in behalf of the children who play in the street after school and on weekends. Mr. Martinez, a member of the Board stated that he knows of no parks that border on main throughfares and he would not be inclined to approve a mini park on LeJeune Road south of Flagler Street at S. W. 2nd Terrace or in that vicinity. I realize we must make every effort to keep our children away from heavy and hazardous traffic. They are now playing in the same environment without the proper controls which they would have in a small enclosed area to serve their needs. We have no other choice in land areas to serve this community so heavily populated with growing boys. 3 children have been struck by 45 cars while they play in the street. Our community extended itself very strongly to get out the vote to approve the bond issue hopefully to improve and advance the needs of all the citizens of all the communities, hopefully they will receive a fair share of assistance in behalf of the children. I am attempting to seek the support of any agency who can be of some help in this cause. Would you please lend your kind help and cooperation and advise what parks are situated on main thoroughfares. The advice of your office is likewise solicited to aid and assist our community howsoever you see fit" Mayor Ferre: Mrs. Cammenetti you have now taken up 5 minutes. Mrs. Cammenetti: I am asking for an extension please. Mayor Ferre: Another 3 minutes and then I will ask you to sit down so the other speakers - Mrs. Cammenetti: I have something important to tell you. Mayor Ferre: Everybody here has important matters and it is vital they talk and I will recognize you at the proper time, if we have time beyond that. Go ahead. Mrs. Cammenetti: The City of. Miami Parks are not placed at the sole and exclusive use of the City of Miami, at the exclusive use of the taxpayers of the City of Miami. We extend Miami's hospitality for all to enjoy which is as it should be, just as the Atlantic Ocean and Miami Beach is not used exclusively by those who pay taxes on Miami Beach. Therefore since Watson Island, Bayfront Park, Coconut Grove Bayfront Park, are county -wide in significance, and the Golf Courses, Marine Stadium, Orange Bowl and other recreation areas are used by those tourists and those who live in unincorporated areas, together with those of us who live ,within the City of Miami, I submit respectfully that all of Dade County share the tax structure for Parks and Recreation, just as we do for the beaches of Dade County including Miami Beach. This would give us some relief by eliminating the double tax heretofore paid by the overburdened City of Miami taxpayer. As it now exists, Dade County has very favorably expanded and is considered to be one of the best park and recreation system in the entire nation., according to several national magazines. Most of the county parks have programs that stretch and reach into every age group. Many classes and courses are offered including arts and crafts, ceramics and calisthenics, dance and drama lessons, mobile theater and concert programs for underpriveleged areas. Bowling, volley ball and tennis teams are constantly at play including golf. Baseball and Football stadiums for day and evening use and even a remarkable program for handicapped and retarded children including olympic competition. All staffed by qualified and dedicated people with equipment to match. We are indebted to the Dade County Park and Recreation Department for taking the initiative at citizens urging to acquire Tropical Park together with other park land areas from large parcels to mini -parks and tot lots reserving such parcels of land for generations of children yet unborn. The county park system should be given the opportunity to increase the benefits and decrease the cost to the City of Miami taxpayers. All Dade County will then be under the same recreation umbrella. That is just what parks for people is all about. Mrs. Gordon: Mr. Mayor, may I comment on something that - I just want to reiterate that some of the points that Ricky has made could have been spoken for the City of Miami. That is exactly what we are offering in the City. Mayor Ferre: I will let you make that statement in just a moment and I will recognize you in a second. The chair is going to take this prerogative. I wanted the proponents, the two proponents that were here today to speak. Now this is a public hearing. The opponents and there are 13 of them have requested for one hour and a half time to speak. I would like to •point this out to you. 46 -JUL 2 61973 Mayor Ferre: We have a different set of circumstances now then when we called the public hearing. The difference is that we have a legal opinion from our City Attorney and from Bond Counsel which tells us that the citizens of Miami will still be burdened with the taxes and therefore I think this puts a different light on this public hearing. I would like to with your forebearance, like to request that we continue this public hearing to some other future time, after we have had sufficient time to get a final legal opinion and given the opportunity to the County and the different attorneys that are interested to contest this as they will. Now otherwise let me tell you what we are going to be doing so you will understand. We will be wasting, and I say that advisedly, two hours of everybodys time here because with this type of a memorandum in hand, I do not think that this Commission is going or can, take a stand today on this matter because this memorandum precludes that. Now .'uif you want to be heard anyway, I would like to see a show of hands of who wants to continue this for 2 hours. Unidentified Man: I think the Mayor's position is well taken. Apart from the legal and the fiscal problems presented by bond counsels letter and I am familiar with letters of that type, I think it should be recorded that a substantial number of citizens have been here since close to 9 O'clock, to have an opportunity to voice their objections to anmt handing over of governmental functions to Metro. Mayor Ferre: Let me cut you off so we can proceed. I will recognize you in a second. If you want to speak and all of you want to be heard, I will recognize the following people. There are 14 speakers. We will start now with Mr. Gunn who has requested 8 minutes to be heard. I want a commitment from each and every one of you that if you are going to speak, you are going to stay here for the next hour and a half until you hear the end of this because I am not going to sit here and have you demand that you be heard, which I am perfectly willing to go through, and then have you make your statement and walk out of here. Now, you stay here and listen to the full public meeting. Okay? Mr. Plummer: Mr. Mayor, Mr. Mayor, let me just for the record. You know, I think that the question raised by Mr. Rothstein is not only a great factor but personally as far as J. L. Plummer is concerned, is an overriding factor because I am going to tell you that in no way will J. L. Plummer sit here and vote today without this question being answered and I think that for all of you to stand here and oppose this thing today without having the facts in front of you, is the same injustice you are asking me to do. I think the logical thing to do is put your ducks in a row so we know exactly where we stand. This question be resolved, then we call another public hearing and let everyone be heard and then everyone can stand before that microphone and this and intelligently discuss and then vote. I am making my point for the record. Mayor Ferre: Everybody in agreement with that? (Unintelligible conversation from persons seated in the audience) Mayor Ferre: Listen for a moment now. If you want to be heard, I am going to recognize you because you have been sitting here since 9 o'clock in the morning, so lets go. Mr. Gunn first. Would you please instead of speaking for the 8 minutes you requested, could you make that 4 minutes? Mr. Gunn: I will be glad to Sir, since I have heard the views of the City Attorney. Mr. Mayor, last week, I spent a week up in Camp Sebring with approximately 12 blind boys from the Miami Herald and at that time there was 4 boys working on their eagle project and they said, we want to do something different. I said, let's talk about the Parks system and the green trees of Bayfront Park and well anyhow these boys, I am speaking on their behalf. They are coming as Eagle Scouts to save the Park System in the City of Miami and we do live in the County. The boys father's grew up in the area of Miami with myself. I moved into the county because of reasons of horses. I like to be out where the horses are at. At this time, our investigation and what we have studied comes to the conclusion in this manner. #1, Bayfront Park, I don't know if the Commission is aware of this but it is a historic site and could be deemed so by the federal government. In World War II there was approximately million servicemen trained at Bayfront Park to fight in the Pacific. Bayfront Park is the only park and the only landing space in the United States that foreign men came upon that soil. A german ship •was sunk off the coast of Jacksonville and they found in the pockets of 5 men that survived, 5 tickets that they had gone to the Olympia Theatre. At this time, these boys have been investigating this area for the last week around Bayfront Park from Jordan Marsh down to the DuPont Plaza and we are not only asking, we want a continuance to investigate the fact that there is a possibility of a historical site there at Bayfront Park and we are going to come back before the Commission in approximately 3 weeks and ask that the name of Biscayne Boulevard be changed to Biscayne Boulevard of the Heros. That whole concept of the park of that area was utilized in World War II including an area where your building is at and there should be a plaque designating every one of the hotels in that whole area that was used and I hate to see Metropolitan Dade County take over a park system which they can't even run in my area of the County. This business about they have all types of programs. Those programs are run by the Kiwanis and different organizations. The City of Miami - Mayor Ferre: At this time, the chair will recognize Mrs. Reagan. You requested 10 minutes, please make it 5. Mrs. Reagan: I stand here as the President of the Miami Springs women's golf association. 2 or 3 years ago, we voted on a question of consol- idation of the city department with the county and voters overwhelmingly voted against consolidation. However, the County has taken over: (a) The Municipal Court and upon so doing some city residents allege that their tax has increased up to 500%. (b) The County has taken over the Public Library and it has not in so doing, maintained the high standards of the service previously provided by the City. (c) The County has taken over the City Waterworks and immediately water rates went up 25%. If the County takes over the Parks and Recreation Department, then that leaves only the Police and Fire Department for the County to take over and consolidation over and above the mandate of the people will have been accomplished. If the County takes over Parks and Recreation, just what will it _ mean for the future expansion of the City? The City it seems to me has 3 basic assets to sell the world outside of Dade County. 1. Weather - even when its bad in Miami, it is usually worse every place else. 2. The Orange Bowl - which is seasonal. 3. Golf and Recreational facilities. If these props are taken away from the City, what does it have left to promote to sell outsiders? Dade County will probably not promote them because the City of Miami is a magnetic force that can bring tourists and business development and all statistics seem to indicate that tourism is Miami's and Miami Beach's biggest business. In the early 20's, I understand that the late and revered Captain Eddie Rickenbacker believed that Miami should not be a tourist area just for the winter months, but that it had assets and the ability if you please to become a year round tourist attraction to vacationers and travelers. Prior to that it was said many hotels and business dependend on tourists shut down during the summer months. Captain Rickenbacker so strongly believed it, that it could expand its tourism to a year round business that he persuaded some hotels to offer summer rates and he laid a million dollars on the line to promote Miami as a summer vacation land and year round tourism took off from there. I well remember when I first heard of friends and business associations in the northeast saying they were going to Miami for their vacation in the summertime, I thought they were crazy. It took years before my family promised me that the tradewinds provide a built in air conditioning system in Miami, the likes of which cannot be found on anyplace else on the face of this earth. 48 'yJUL 2 61973 I wonder how many of us in this room today know for example what County New York City is in? Nobody goes to Manhattan County - they go to New York. We have many people at Miami Springs Golf Course that live in this area only a few months out of the year. Some own property, some rent and some - Mayor Ferre: Mrs. Reagan, I would appreciate it if you would begin to wind up a little bit now in a couple of minutes. Mrs. Reagan: Well in short Ladies and Gentlemen, we are definitely against the takeover. Thank you. Mayor Ferre: Thank you very much Mrs. Reagan. The next speaker is Mr. Pearlman,. Is Mr. Pearlman here? Mr. Pearlman has left, I will now recognize Grace Rockafeller. Mrs. Rockafellar: Mr. Mayor, before I get into my presentation, this Bond Issue brought up a very interesting point and I think you could settle this and we would all go home happy without being heard. We are still, I just verified with Mr. Reese, the property owners in the City of Miami are still paying a bond indebtedness on the sewage disposal plant that was turned over to Metro and if there is any indebt- edness left on the Library Bond Issue, we are still paying that. Now this is a gross injustice. Mayor Ferre: Mr. Reese? Mr. Reese: On the Sewage Disposal Plant, we are still paying the debt service on it and that is paid through the surcharge on the water bill. Mayor Ferre: Do you mean to tell me that the City turned the sewers back to the county and didn't turn over the debt? Mr. Reese: They won't take it or you couldn't work it out if you turned over the debt. Mayor Ferre: }}ow much is left in the debt? Mr. Reese: I think between 9 and 11 ;pillion dollars oif"the sewage disposal plant. Mrs. Rockafellar: Mr. Mayor, would you accept my suggestion here in view of all this and in view of what the City Attorney has brought on this bond issue, I think we could very well avoid the rest of this public hearing if this City Commission, realizing the injustice that has been done to us, if you would pass a resolution right now to forget about turning our parks over to the County, keep our Parks where we belong. We paid for them. Now Mr. Etling has said here today, we could keep our parks until they were paid for and then turn them over to the County. This is absolutely ridiculous. We are being taken for suckers for Metro and if you don't want to to that, then I will go on with my presentation. Mayor Ferre : All right. My personal opinion that this is a matter of serious importance and we have requested Mr. Etling's committee to make a presentation. They have and I think we should get legal clarification and that we should deliberate this matter and then take a formal position on it. I don't think we are ready to do that today in my opinion, now if somebody wants to make a motion. Mrs. Rockafellar: Well the property owners are ready to do it. Mayor Ferre: The property owners don't sit on this Commission. Mrs. Rockafellar: Yes but you represent us. Mayor Ferre: And we are going to take a position and a very clear position at the appropriate time. We are only talking about the appropria time. Mrs. Gordon: These people came to be heard, lets hear them. 49 sJUL 26197 Mayor Ferre: Mrs. Ror'�afellar you requested 15 minutes. I would respectfully request Vat you make that 5 or 6 miw.ites. Mrs.Rockafellar: Mr. Mayor, I am speaking for 16 Civic Associations. Would you rather have 1 at 10 minutes or 16 at 5? You take your choice. Mayor Ferre: I will recognize you for 6 minutes and then we will see how much longer you want to speak. Mrs. Rockafellar: All right. I am Grace Rockafellar, President of the NorthEast Taxpayers Association and Director of the NorthEast Improvement Association. We are representing today the same civic associations we represented the last time the proposals came upto give our parks away. These associations are a fairly good representation of the people in the City of Miami. We want to state now that we are categorically opposed to giving our parks or anything else to Metro. We have paid for these parks. We have paid for their maintenance and we are entitled to keep them. This Commission is well aware of the fact that consolidation has been on the ballot, not once but three times. Each and every time it was soundly defeated. Now we the property owners take that as a mandate that this. City Commission cannot give anything away without a referendum on this but never once, have we had the opportunity to vote whether or not to retain Metro. You know and we know, if we had that opportunity just once, Metro would be long gone. We don't know of any form of government in the nation that commands so little respect as does Metro. In the past few years, this City Commission has seen fit to ignore our mandate and our City Officials have been forcing consolidation on us piecemeal. You have given away our Tax Assessors Office, Our Courts, our Libraries, our only self-sustaining service, our Water and Sewers System and now our Parks. The only thing we have left is our Police and Fire Department. If any official sitting here feels that they want to join Metro, they can be our guest. They are perfectly willing to do. Our mandate says that you cannot force this upon us but if the entire Commission is determined to give our Parks away, then we suggest that you close up City Hall and do away with the whole thing because we stand on our statement the first time we were here. We do not intend to support a city government for just a few services such as the Police and the Fire Department. Now it is our understanding that this Commission was acting on a recommendation made by Dan Paul. Now with all due respect. Mr. Reese told me that. Mayor Ferre: That isn't so. Mrs. Rockafellar: Well who are you acting on? Who made it? Mayor Ferre : Mr. Walter Etling is the Chairman of the Committee with members and Mr. Dan Paul doesn't even serve on that committee. Mrs. Rockafellar: You appointed that committee after a recommendation was made to you to turn the Parks over. Mayor Ferre: No, no, no. Mrs. Rockafellar: Well who did make the recommendation? Mayor Ferre: Mr. David Kennedy as the Mayor of the City of Miami. At the time, he appointed a•committee to study this. He did not appoint a chairman at that time. When I became Acting Mayor, .I appointed Mr. J. L. Plummer and I added one other person, I forget who it was, Carlos Arboleya and I appointed Mr. Walter Etling as Chairman of that Committee which existed but was not functioning for lack of a leader. It had nothing to do with Mr. Dan Paul. Mr. Dan Paul did not at any time serve on the committee, visit with the committee or advise the committee or me that I could speak for myself Mr. Etling and you can speak for the committee. Mrs. Rockafeller: Vo I didn't mean that Mr. Dan Paul was on this committee but it was our understanding that the original proposal made to this City Commission was made by Dan Paul. 50 %JUL 261973 He is the Attorney for the Miami Herald. Mayor Ferre: I wasn't on the Commission at that time and those of you that were, can speak to that. Mrs. Rockafellar: No? well then I am sorry, I had the wrong information. Anyway, the Miami Herald has been trying for years. They are very influential on Metro. They are influential on who sits on that Commission and what that Commission does. For many years, they have been trying to do away with our City. They use the power of the press in every way conceivable. They have used the old axiom: Divide and Conquer our city officials, one at a time, cutting them down with stories filled with inuendos and familiar phrases, quote: "Reliable Sources", unquote. Now this has been going on and will continue to go on as long as we have a City. Now if our city officials are going to be intimated by this and consider such a recommendation over our mandate by the people you are elected to serve. During January, February and March of 1972, our City Commissioners and Mayor spent a lot of time with our various civic associations seeking our help in passing a bond issue, "Parks for People" of the City of_Miami which totalled nearly 40 million dollars. They painted a beautiful picture for us. Mayor Ferre: All right Grace, come on. Mrs. Rockafellar: Well you always. cut me off and I am speaking for 16 groups. Mayor Ferre: I treat everybody the same, I don't mean to be rude but we've got to move on, its _almost 1:30. Mrs. Rockafellar: They painted a beautiful picture to us. They told us we would. not only have parks for our generation but for generations to come. We believed those city officials and we passed that bond issue in good faith but what we were not told, was during that same time, those same officials were working on a plan to give our parks away. Now had we known that, that bond issue would have never been passed. We feel we were deceived and feel the only decent thing this Commission can do to restore the faith of the people is to abide by the promise made by the Commission in 1972. Now as we pointed out earlier, 21% of the population, with our bond issue of 40 million and our 24 million, we would be paying 64 million dollars or 79% of the population only paid 79%. If this Commission wants to do something constructive for the people you represent, why don't you tell Metro, we are no longer going to subsidize your Police Department, Fire Department, your Parks or anything else. Tell them to stand on their own 2 feet and to raise the taxes in the unincorporated area high enough to pay for their own services and get this unwarranted burden off the backs of the taxpayers because we believe unless this Commission takes constructive action in living up to the mandate we have given you and servicing the people like you are supposed to do, then you are going to face a severe tax revolt and the people in the City of Miami might take things in their own hands to correct the injustices. We are appealing to you as responsible city officials of the City of Miami to keep our Parks and our services. We do not want a government of the media. We do not want a government of Metro. We want a government for the people, by the people and of the people of the City of Miami and Mr. Mayor, I will close by saying this. I can't think of a better wording than you used yourself this morning. We are proud to be Miamians. We want Miami and we are glad to be here as Miamians. We do hope you respect that. Thank you. Mayor Ferre: Thank you Mrs. Rockafellar. The chair will now recognize Mr. Erny Fannotto, for a brief statement. Erny how long are you going to talk? Mr. Fannotto: 7 minutes. Mayor Ferre: No, you asked for 5 so we are going to give you 4. 51 'JUL 26 172 Mr. Fannotto: Erny Fannotto is my name, President of the Taxpayers League, Miami and Dade County. I would like to start off by saying that the public don't Want our parks transferred to Metro. I have made a slight appraisal and you can see it today, its 13 to 1. Its 15 to 1 in my estimation. #1. Has any other city in the county transferred their parks? No, they are baiting our city because we have the most assets. #2. Which government is the best risk? The City of Miami government or the Metro to hand our monies? City Manager Reese is heads and shoulders above County Manager Goode. Mr. Andrews has a lot more experience than Ray Goode who only has been a Manager for 3 or 4 years. Lets talk about the bond issue. When the people paying the bond issue, that was a vote of confidence that they wanted a bond issue to give our children and elderly people something extra to do and not get in trouble, get away from drugs and soso. When we voted against consolidation, that was a vote of no -con- fidence in metro. Let's talk about our Water Department which they helped to consolidate. The best in the County - they took that. Let's talk about our Fire Department. We've got one of the best fire departments in the County. Now lets talk about our Orange Bowl which the big interest county power structure won't be satisfied until they take it over, and let me tell you Mr. Reese, I want to give him a lot of credit performing the functions that he did in that Orange Bowl. It gives the City of Miami businessmen unlimited publicity. It has helped their pocketbooks plenty. I just want to close by saying: When the people are led to believe that we are going to save money, that isn't so. We are 20% of the population. If all the cities in Dade County would turn over their parks, we would be paying 20% of all the county park money and I can just wind up by saying, you people are representing the majority of people in this City. I hope you will abide by'the wishes of the majority of the people and you know what that is? Let's keep our City and keep our functions and keep our Parks and let the monies be administered by our city officials in government. Thank you. Mayor Fcrre: Thank you Mr. Fannotto. I will now recognize Mr. Wellington Rolle and Mr. Rolle we will recognize you for S minutes Sir. Mr. Rolle: Thank you Mr. Mayor. The time may be shorter than that based on part of the information we have heard. I listened to Mr. Plummer earlier in reference to the legal opinion of the legal statements that were offered by Mr. Rothstein and I think that the basic difference that we have in that particular statement is just one thing, is who will continue to pay for it and is it practical for the County to take over the parks and the debts and burdens rests continuously with the City. Getting onto the other matters at hand. I have two or three basic concerns. #1 has to do with the propriety of the Commissioners in their appointments in these areas on these committees that involve the citizens, taxpayers and property owners in the City of Miami. I think it stretches the imagination considerably to have persons sitting on the Commission and I make no attack on their personal ability at all but its a matter of principle, that I live in the confines of Miami, a Municipal Corporation incorporated 1896 rendering certain services to the citizens and the residents. I am confident that the people here and the people -in the administration have that kind of an ability and talent to render those services on a leval that far exceeds all you can imagine from what we have been able to observe since the inception of the Metropolitan government. I think the next thing that I want to ask you Mr. Mayor is whether or not you would care to comment on a resolution No. 43117 dated January 6, 1972. I think if I remember correctly, this resolution asks the Manager to report and check into the feasibility, possibility and involvement of the City of Miami passing over to Dade County the Park Systems from the City of Miami to Dade County. Would you have a comment Sir as to what the Manager's recommendation was at that time? 52 iJUL 2 697 • Mayor Ferre: Mr. Rolle, I don't know whether you know that I wasn't serving on the City Commission at that time so you will have to, since obviously you have something in mind by asking me this question - why don't you explain why you are asking the question and what its about. Mr. Rolle: The reason I am asking the question Sir, is that I simply am not in accord with the fact that you want to change the operation of government from one administration and one philosophy to another irregardless and irrespective of what the Charter said. ,I am thinking that the rule of thumb and the bible in the City of Miami that we must all go by must be the Charter and I don't think that the iiitcr;-?tation of the Charter changes from one administration to the next or one et of philosophies to the next, towit: We are talking about the citiz' of the City of Miami having the rightful authority, properly so, to make the kinds of recommendatinns in terms of how they would like to see their City continue to grow and progress. These are the kinds of things that I think citizens in the City of Miami have been involved in for many years and I think they have done a damm good job of rendering the kinds of services and telling the people in the City of Miami and the Managers and the people that render the services, the kinds of things that we would like to continue to have in the City of Miami. Mayor Ferre: That sure sounds like a campaign speech to me if I have ever heard one. Mr. Rolle: Mr. Mayor, if you will just permit me to make this one statement without taking it off my time. You continue to indicate that I may be running for public office. I think that's not a very good statement to come from the Mayor's chair. I think that is the thing that the citizen or the individual should be able to say at the appropriate time, when he deems it appropriate to make that kind of an and I would not want you to make that kind of an announcement to try to indicate to the public that we are making a political speech. Mayor Ferre: Let me ask you this question now. What resolution was it you were referring to? 'Mr. Rolle: 43117. Mayor Ferre: Have you got a copy of that? Mr. Ro11L: Yes Sir. Would you like to read it Sir? Mayor Ferre: Let me see that and I don't think that it is appropriate to debate something like that , Mr. Rolle: I would just like for you to read it to the body. Mayor Ferre: At the appropriate time, then I will answer riyou on that. 1 am sure we will have many opportunities to discuss this resolution. I have never seen i.t but I will read it and I will answer you at the appropriate time. Mr. Rolle: Would you care to read it to the assembly here? Mayor Ferre: I do not care to read it. I will look at it, I will study it and at the appropriate time, you and I can discuss it, now continue with your presentation. Mr. Rolle: Thank you. Sir, I'll just wind this up. I notice that the members who serve on this particular committee, the majority of these persons do not live in the City of Miami. As we recognize on the Revenue Sharing Committee and I am wondering Sir, is this to be the precedent that we are going to continue to set in the City of Miami where persons who do not live in the City of Miami, who are not paying the burden or the weight, of the business functions of the City of Miami, I am wondering if these are going to continue to be the persons who are going to make the decisions under which the rest of us who live here must continue to abide by? These are some concerns that I have and I am certain that there are many other citizens in the City of Miami who share these and other kinds of concerns and we would hope Sir that in the future, you would 53 ,JUL 261973 • afford the taxpaying citizens and bonafide residents within the confinies and boundaries of the City of Miami the opportunity to serve their community and I think it stretches the imagination to even suggest covertly that there are not people in the City of Miami who have the ability, acquired experience or what have you, who would not be able to serve. I would use the last minute and would like to point out to the chair that we are being handled with a very heavy hand in the City of Miami and I don't think that this is the kind of thing that the citizens will appreciate, One point think I want to make as I leave is that'while the Mayor certainly has the prerogative to chair the meeting, I think that at a public hearing, the Mayor and his fellow commissioners should be fair and sit here and listen to the commentary of its citizens. Mayor Ferre: Thank you Mr. Rolle for your comments. Now let me answer your question. Your question was, I assume, had I been here in January 1972, and had I been asked to vote on Resolution No. 43117, directing the City Manager and authorizing him to submit a report to the Commission on the feasibility and advisability, I would have voted yes with that like everybody else. Mr. Rolle: That was not the question Mr. Mayor. The question was what did the Commission do with his report? And did the Manager make a report? That's the question. Mayor Ferre: That you will have to ask the Manager because I was not here at the time. I don't think its relevant at all. Obviously it has something to do with another matter. Now I will recognize Mr. Batz. Sir would you limit your talk to 3 minutes? Mr. Batz: Honorable Mayor & commissioners. I am Leonard E. A. Batz, 30 N. W. 51 Avenue, Miami. My statement concerns two groups. Senior citizens and golfers. As the past president of the Inner Center Presidents council of senior centers of Dade Co. Inc., I am representing the membership of 8,000 senior citizens. As president of the Le Jeune man's golf association, I represent the retired senior golfers and other members. We senior citizens are opposed to the merger or takeover of the City of Miami Parks and Recreation Department for operation by the Dade County Parks and Recreation Department. When the Miami Parks bond issue was presented to the voting citizen, I personally spoke before the 7 senior centers advising them of the advantages of small parks with their recreation programs suited to their needs, which would improve their health and future outlook as recommended by the Presidents National Health Program. As of this date, in the City of Miami parks have been located, a senior citizens recreation program has been approved to be initiated for October of this year and now this is to be taken away from the senior citizens who have voted for it. We are told the change will save money, I'll skip that one. To date: No recreation program has been announced by the County except for spectator sports, the Orange Bowl. Now the basic issue appears to be a conflict of philosophy between the City and the County. The City of Miami Recreation Department persues the concept that recreation is for the residents young and old at a minimum cost without desire for profit. The County is still laboring on an outdated theory that you maximum charge the snowbirds during the season to make enough profit to pay for the personnel and facilities for the remaining off-season year. It matters not whether you are a tax -paying resident of the county, you pay a high price all year. The City bf Miami has recognized that recreation activities must be on a 12 month basis to be self-supporting and that cost can be related to such operations. The City of Miami also recognizes the tremendous success of the Miami Dolphins Football team, which projects the image of Miami - not Miami Beach or Dade County. Now the golf program if taken over by the County, under their present philosophy, would be a profit motive effort in place of healthful recreation at a prohibitive cost to the retired person or senior citizen. The demand for more golf courses during the season has resulted in an increase of the last 5 years from 23 to 47 golf courses. The increased golf courses were built by land developers to help sell their apartments or condominium or housing project and demands you pay a golf fee and use a golf cart. 54 `JUL 2619 This is pure profit motive, not walking for recreation. The County course at Key Biscayne is a notable example. $5 to $6 green fee and $8 golf cart in off-season, $7 to $8 green fee and $8 cart fee during the sea -son. A retiree living on a fixed income cannot afford such luxury. The county in the past 3 years has raised the golf fees at yearly rates and continually cries they are losing noney instead of investigating the problem and providing a practical solution. The City of Miami has continued the policy of h fee for senior citizens. A low cost yearly fee for retired week day players and will rent carts who really need them thus providing recreation to those who really need recreation for health purposes and live in Miami all year long. Please don't let the voter down. Mayor Ferre: All right, thank you very much. Now who else want's to speak? Mrs. Malloy: I am Ruth Malloy and you have a copy of my letter. Mayor Ferre: Yes I have a copy and it will be in the record Mrs. Malloy. Mrs. Malloy: I have appeared before this Commission ever since November 3, 1965 about the deplorable conditions at Lummus Park. I wrote a letter to you & Mr. Plummer remembers it. Mayor Kennedy told Mr. Andrews to go down and see what needed to be done. As usual, very little was done. In appointing Mr. Andrews it seems to me, you are just perpetuating Mr. Reese and I don't know what he has against Lummus Park but its still in deplorable condition. Mayor Ferre: You have our assurance and Mr. Reese's that the bond money that is allocated and I will give you a statement. Paul would you get her one of those books? Mrs. Malloy : I want the $120,000 spent on Lummus Park. They got $120,000 for the east 233' of the expressway, that's the money I am talking about. What happened to that money? Mayor Ferre: Mr. Reese, at the appropriate time, would you write to Mrs. Malloy explaining to her whit happened to the $120,000 that came out of the expropriation of the expressway next to Lummus Park, if you can find it in the records. We want to thank you for making your statement. One more speaker. Mr. Litvak: Mr. Mayor, I am not going to make any statement that we had prepared because obviously the Commission is not going to take any action today. I just wanted to concur with what Mr. Reese said that the report the committee made to the Commission has many inaccuracies and when the appropriate time comes, we would like to have the opportunity to respond with our own report, as well as at a public hearing. We are entirely against, the employees and taxpayers are against the transfer to Metro. Mayor Ferri:: All right, thank you very much Mr. Litvak. Mr. Plummer: Mr. Mayor, at this time, I would like to reiterate my motion of before that this public, hearing be continued to such time. I am not setting a date so that the most convenient time thereafter that we receive an answer to this very serious legal question that has been raised by both the bonding counsel and Mr. Rothstein. Rev. Gibson: Second. The following resolution was introduduced by Mr. Plummer who moved its adoption: 55 -'JUL 2 61973 RESOLUTION N0.73-580 A RESOLUTION CONTINUING THE PUBLIC HEARING HELD THIS DATE ON THE REPORT OF THE MAYOR'S COMMITTEE ON PARKS AND RECREATION WITH RESPECT TO THE RECOMMENDATION OF SAID COMMITTEE ON THE PROPOSED TRANSFER OF THE CITY'S PARKS AND RECREATIONAL FACILITIES TO METROPOLITAN DADE COUNTY PENDING RECEIPT OF REPLIES FROM THE DADE COUNTY ATTORNEY AND THE BOND COUNSEL FOR METROPOLITAN DADE COUNTY ON THE LEGAL.QUESTIONS RAISED IN CONNECTION WITH SUCH A TRANSFER BY THE CITY OF MIAMI'S BOND COUNSEL (Here follows body of resolution, omitted here and on file in the City Clerks Office, Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Reese: Mr. Mayor, may I clarify the record on one thing that was stated here and that was that the point was made that Mr. Danny Paul was the one that originated this idea. To the best of my memory and knowledge, Mr. Danny Paul appeared before this Commission at the time that the public hearing was held to go on on the $39 million dollar bond issue. He was in favor of the bond issue and he suggested to the City Commission that the city con- sider going on the bond issue and then passing the parks over to Metro, at which time it was pointed out, it wouldn't be fair to the public to do this and the right thing was to put that to rest but then later on it was brought up with the creation of this committee so I wanted to point that up and clarify it on that basis. Mayor Ferre: Mr. Rothstein let me ask you a question. Mr. Plummer: Mr. Mayor, since he brought that point up, let me clarify my position. I recall at no time did Mr. Paul bring or force the issue of this transfer before this Commission. It was assumed since there was a great interim of time between Mr. Paul making that statement and the time that the Mayor proposed before this Commission that this committee be formed. I don't believe, I can't speak for another man that the two are correlated. I think the Mayor did this as he indicated in his statement for the purpose of trying to save dollars. Mayor Ferre: I would like to ask a question also for the record. From the City Attorney and those of you may clarify this that were here at the time. Several people have told me that they distinctly remember that the City of Miami Commission went on record transferring these parks to Metro and asked that this committee just study the implementation of that. Now that is not my understanding and I want that clarified for the record. Rev. Gibson: Mr. Mayor - Mayor Ferre: Well let's let the Clerk or the Manager clarify that. Mr. Reese: No Sir, there is no record of this City Commission ever voting to transfer the Parks to Metropolitan Dade County. Mayor Ferre: Ok. I just wanted to reiterate because there are several people who have a misunderstanding on that. Rev. Gibson: Mr. Mayor, again, as I always do when a question was raised, when the appointment of the committee was made, I raised spec- ifically if this meant the transfer. The reply from the Mayor to me 56 -"JUL 2 61973 • • was, this is simply to study the advisability and the feasibility. I always raise the question. Mayor Ferre: Ok, that is clarified for the record. Now here is what we are going to do. Mrs. Gordon: May I bring back to the table, the motion that we deferred to the end of the public hearing Mr. Mayor? Mayor Ferre: All right, go ahead. Mrs. Gordon: Do you want the Clerk to read it back please? Mr. Southern: Yes, it is that the Commission go on record urging Metropolitan Dade County to fulfill its responsibility to the City of Miami Taxpayers in regard to allocating some of the Parks Bonds monies for use within the City of Miami Park system. Mrs. Gordon: All right, that's the motion. Rev. Gibson: I second that motion. Mr. Plummer: Mrs. Gordon, would you like to incorporate in your motion the following wording? That we contribute 27% of Metropolitan Dade County's taxes and that in a like manner, we be treated with 27% of the goodies that are forthcoming. Mayor Ferre: I'll tell you how to make that even stronger. That they be consistent since they have passed a resolution to the Legislature requesting that the State return to the County, its proportionate share of tax funds, that they consistent with that philosophy, continue and do the same thing with the cities. Mrs. Gordon: I will accept the wording in its most appropriate form, the intent is that we get our fair share. Both the Mayor and my fellow Commissioner have valid points and we will incorporate those in the motion. Rev. Gibson: Mr. Mayor, I started to say in seconding I wanted Mrs. Gordon to accept "proportionate" meaning or 26 or 21, that if we use the :c,rd proportionate, we into a hassle to the exact penny. Mrs. Gordon: Use the word proportionate. Mayor Ferre: I would like to very respectfu31j► request Mrs. Gordon, that those words where we, it sounds like we are lecturing to the County, for them to fulfill their duty and all that kind of stuff, that we should take those few words out. The motion remains the same, the intent is the same. I just don't want to start a squabble where we are lecturing to the County or anything else. This is a matter that we are going on record as to how we feel about it, what they do of course is there - the motion. whether its 27% may avoid getting Mrs. Gordon: We would just like to insert "strongly urge" because we are not just mildly asking. Mayor Ferre: Let the record reflect that obviously we are not saying 200 million dollars that the County spends, that we 27% of that because that's ridiculous. We are just saying those funds that are spent for example in parks, that they recognize our proportionate share. Mrs. Gordon: Exactly and I am not referring that it be spent for instance in the areas limited only to the county's responsibilities which are now such as Vizcaya or the Planetarium which certainly I want them to spend money there too but I don't want them to say that that's the portion that we are getting in the City of Miami. We need that plus. We need some more money due back to the City and they should be spent in the City for the top parks for instance. We need our share spent here. 57 :47JUL 2 6197 • • Mayor Ferre: 'Call the question please. Mr. Southern: This is as amended now with those changes. Mayor Ferre: Yes with all those changes. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-581 A RESOLUTION STRONGLY URGING METROPOLITAN DADE COUNTY TO ALLOCATE A PROPORTIONATE SHARE OF ITS PARK BOND FUNDS FOR DEVELOPMENT OF PARK AND RECREATIONAL FACIL- ITIES WITHIN THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 5 MINUTE RECESS 17, CONFIRMING ORDERING RESOLUTION - SHENANDOAH HIGHWAY IMPROVEMENT H-4362 AND H-4365 The Mayor announced the Commission was now ready to consider the hearing of any objections to confirmation of the highway improvement as described above. One objector appeared. Mrs. Dunn: My name is Nellie Dunn, 2612 S. W. 19 Terrace. First thing, I don't want to pay the money for it and the other is that I don't think it's necessary. That was supposed to be because the water doesn't run off and the water does run off and that's my objection is that we don't need it really. Mayor Ferre: Mr. Grimm, would you like to respond for the administration please sir? Mr. Grimm: We created a roughly from 16th Street Avenue. Now the streets you see here, we those that are colored in orange resurfacing. Included with this and drainage. Highway District in the Shenandoah area south to Coral Way and from 27th Avenue have ridden all of them and for rebuilding and those in are some curb improvements, to 17th selected blud for landscaping Mr. Plummer: Did you hear this lay's particular point. Ma'am, what street was it? Mrs. Dunn: 19th Terrace. Mr. Plummer: She said she has no problem and it's not needed in her area. Mrs. Dunn: No and I have been in that area 50 years and once we had a 14' cloudburst and it ran off and we didn't have all these nice gutters and things that you have put in there since then. 58 JUL 26197: • Mr. Plummer: Ma'am, are you aware that this Commission as you see on this map 1.annot look just at your individual house or your individual street. It is maybe unfortunate that your particular house and street form in a web or a network Itffecting the whole area. Now you could very easily be right that your particular house and your street is not affected but we have to th::nk of the overall area and I personally know in the Shenandoah Park area there are some real bad situations there. Mrs. Dunn: Well I wish to call attention to the fact that the next street over .which is 20th Street is not in this little designated .area for improvements. Mr. Plummer: Yes Ma'am it is. Mr. Grimm: Well it depends on where she is Mr. Plummer. On 19th Terrace and the 3 segments of 19th Terrace that we have selected, there are 58 different property owners. Of this we have 3 people returning a yes vote to us and only 1 negative one. All the rest did not respond. Now I realize that we sometimes get into a matter of opinion. I know she objects to the cost, she said that earlier but this is really quite a bargain. We are talking about a price that varies from $2 to $5 a foot which the City is paying about 7 times thatcost. Mrs. Dunn: Well in our area, you would have had more objections but there are 4 people, 2 of them that are out of the country that will object and 2 more who are out of the City with serious illnesses in their families. 19th Terrace doesn't seem to be affected except between 25th and 27th. Mr. Grimm: We have 3 different segments Ma'am, between 23rd and 21st and between 27th and 25th. Mrs. Dunn: Our land was homesteaded in the early part of the century and the deed passed to us and the farmhouse of the Davis's was on this 19th Terrace and pine trees were around and where a pine tree stand grows, water never stands and we were completely surrounded with grapefruit groves and they didn't plant their grapefruit where water stood. That particular little area where I am just off 27th Avenue has been under my absolute observation for 50 years and water has not been a problem, standing water. Mr. Grimm: Well I can't refute whether she has water in front of her house or not but I lived on 24th Avenue and 16th Street from 1939 to 1954 and right in front of my house, we had puddles. Mrs. Dunn: In 16th street, in 1925-6, I have seen the water come in on the floorboards of a packard car that I was driving. 16th has always been low. Mayor Ferre: Mrs. Dunn, the problem is that we cannot single out one house or one area unfortunately so we have this problem every single time we pass one of these things. There is always one person that has an objection and many times that person is right, as far as that individual person is concerned but then if affects the whole neighborhood or the whole street and we have got to think of the overall community. Mrs. Dunn: Well if nobody in that little particular area that you designated, all of us object, and would that have any bearing on it? Mr. Grimm: I really didn't hear where she was Mr. Mayor, where is she? Mayor Ferre: Would you point out exactly where you live? Mr. Grimm: What part of 19th terrace are you on? Mrs. Dunn: 2612 is my address. Mr. Grimm: Mr. Mayor, I will delete that block of 19th Terrace if the Commission desires and that will take care of that and eliminate that whole street from the district and we can go ahead with the rest. Mayor Ferre: What is the will of the Commission? 59 JUL Z 61973 1 a • • Rev. Gibson: Move. Mayor Ferre: With the elim:„nation, there's a second for the deletion of 19th Terrace between 25th and 27th Avenues. Mrs. Dunn: You really made a good decision because I have told you the truth. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-582 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 73-500 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF SHENANDOAH HIGHWAY IMPROVE- MENT, SECTION A, H-4362 IN SHENANDOAH HIGHWAY IMPROVEMENT DISTRICT, SECTION A, H-4362 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None NO OBJECTORS APPEARED ON THE "B" PORTION - The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-583 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.73-501 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF SHENANDOAH HIGHWAY IMPROVE- MENT, SECTION B, H-4365 IN SHENANDOAH HIGHWAY IMPROVEMENT DISTRICT, SECTION B, H-4365 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor ferre. NOES: None 60 JUL 261973 • 18, CHANGE OF' ZONING CLASSIFICATION- LOTS 1 THRU 5. BLOCK 14_ GRAND VIEW PA - An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1 THRU 5, BLOCK 1, GRAND VIEW PARK, (5-58), LOCATED AT 1524 N. W. 14TH AVENUE, FROM R-3,(low-density-multiple) DISTRICT TO R-C (Residence -Office) DISTRICT was introduced by Mr. Plummer, seconded by Mr. Reboso, and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Mr. Sidney Aronovitz appeared in behalf of the applicant. 19, STATEMENT BY THE CITY ATTORNEY ON THE SUBJECT OF ZONING MATTERS Mr. Rothstein: Mr. Mayor, myself and the County Attorney and the various other City Attorneyn all received a communication this last week from the Florida Bar dealing with the unauthorized practice of law. They have made a ruling that with specific reference to Zoning matters and in general to administrative boards but mostly specifics to zoning, that when an individual appears in front of an adminis- trative board for zoning matters with, on behalf of and for another person, that that person appearing and representing the other person is committing the act of the unauthorized practice of law. Since the act of unauthorized practice of law is a misdemeanor in the first degree, I have to advise this Commission and I have already advised our Zoning Board, that you should not allow anyone to appear bei:ire you representing another person on a zoning matter unless they are a member of a bar because then you would be acting in concert for the violation of a misdemeanor of the first degree. This does not mean that - Mrs. Gordon: Do we have to ask for a certification from each one? Mr. Rothstein: There would have to be a representation that they are a member of the bar. Mayor Ferre: You mean to tell me a citizen of this city cannot come - Mr. Rothstein: No, I said someone cannot come representing another person. A person can come representing himself and then introduce expert witnesses such as architects etc. Mayor ^erre: This isn't a lawyers relief bill, is it? Mr.Rothstein: Yes it means Mel Reese and Associates Inc., cannot appear in the county on behalf of zoning matters for people. Mr. Reese: I think the Supreme Court ought to rule on that. I don't think you ought to take an attorneyt opinion. Mr. Rothstein: This comes from the Florida Bar. Mr. Reese: They are only an appendage to the Supreme Court. Mr. Plummer: Mr. Mayor just for clarification because I don't think anybody here wants to get into something that would be illegal. 61 JUL 2 61973 • I would question the ruling to Mr. Rothstein. Mr. Rothstein let me ask you this Sir because we see it here so many times. Take the example of people who are latins who cannot speak english and then come here representing the owner. We have as you are well aware of the fact, many people who appear before this Commission who cannot speak english,. the latin people and they have with them someone who is translating, representing, whatever you want for them. Now, are you telling me that that person can't speak for the individual? Mr. Rothstein: The problem is in your termination of whatever you want, •utd can that person not speak for the individual. A person can obviously translate verbatim a request by a party for a zoning change but if he goes and says, this is Mr. Jones, he can't speak english, he has told me this is his problem and I am going to tell you what his problem is, that is a violation according to the memorandum of the Florida Bar. Mr. Plummer: You know Mr. Rothstein, its well and good and I personally would like to see it if I was assured that everybody had the money to hire a lawyer but the next thing I see coming is that we set up a public defenders office sponsored by city taxpayers dollars to represent those people who do not have the sufficient funds to hire. Now, this is all well and good but I think since you have brought this up and you likewise then put the kicker in there, that its a first degree felony - Mr. Rothstein: No misdemeanor. Mr.Plummer: It still means J.L. will sit behind bars. I think that Mr. Rothstein that we ought to have some real clear guidelines on that thing to be able to say, what's right and what's wrong.' Mr. Rothstein: We are preparing those now Sir. Mr. Plummer: I think its a must. Mr. Rothstein: But it is very clear that there are some fine lines, for example, an architect who is introduced by a man who is building a building who says I want to get a zoning change and my architect will explain what I want, that is perfectly permissable but if an architect comes down and says, I am representing this and this group, and we are going to do this and this and this and we want this zoning change, you can't do that. Mrs. Gordon: May I ask a question Mr. Rothstein. That's an opinion of the Bar, an organization of Attorneys, isn't it? What about the Attorney General opinion. How does he feel about it? Mr. Rothstein: They are the official representative of the Supreme Court, the integrated Florida Bar and the point is, from the viewpoint of a Commission and a Board, it would be up to some individual to file some kind of a declaratory decree to knock them out on that opinion because presumably if someone wants to write and ask the things about a Commission or wants to file charges against a Commission member . consipracy goes far enough to be conspiring to commit a misdemeanor one that this Board has, as I have, no choice but to take what the Florida Bar sent to us and act accordingly until some court says differently. Mrs. Gordon: You are saying that this only holds true on zoning cases though? Nothing else? Only on zoning matters? Mr. Rothstein: Well the reason I said Zoning Matters was the particular opinion dealt for the most part of it with a zoning matter because that was where the question arose, however, the language was broad enough to include administrative boards in general so there might be some other fine lines in a Plat Committee for example where its all experts making presentations as opposed to a Zoning Board where there is no question what the Florida Bar, unauthorized practice of law committee said. I want you to understand that that particular committee is given the job by the Supreme Court to enforce against unauthorized practice of law. Mayor Ferre: Lets move on. 'Are there any further comments or 'actions by the City Commission? 62 . 1 1 , 1 (. /t ter' 1 • Mr. Plummer: Just that I hope he will be coming with a very definitive, clear guidelines, that's all. Mayor Ferre: meeting? All right would you do so Mr.•Rothstein by the next Mr. Rothstein: Yes Sir. 20, CHANGE ZONING CLASSIFICATION -LOTS I0J.1.12113, BLOCK 8 WINTER GARDEN 1ST AMD (5-22) - DISCUSSION ONLY - ITEM WAS DEFERRED The Mayor announced the Commission was now ready to consider this application for change of zoning. Mr. Plummer: is true? Unidentified Mr. Plummer: Unidentified Mr. Plummer: Unidentified Mr. Plummer: Unidentified Sir, do you stipulate that everything herein contained Man: Are Man: Yes. you the owner Sir? I am buying the land, yes. What's that Sir? Man: I am buying the land. You don't own the land? Man: No Mr. Plummer: Well then you are not the owner then Sir. J. L. isn't going to jail. Mr. David Simpson: Ex.Scty Plan.Bd. The same thing happened Monday made the announcement and we had to defer one item could get the owner of the property. Mayor Ferre: I'll tell you the problem is, the owner was here but the poor man has been here since 9:30 and its now 2:30 and its through no fault of his. Mrs. Gordon: to face us in Mr. Plummer: application. Mrs. Gordon: Mayor Ferre: Mr. Plummer: Mrs. Gordon: Mr. Plummer: question but Mayor Ferre: Rev. Gibson: Mayor Ferre: Mr. Plummer: Night when Mr. Turner until that individual Mr. Mayor, nothing says the applicant has to be here order for us to act on this. He is representing the owner. He can't legally make He didn't make the application as I understand it. The owner made it. He is representing the owner. He doesn't have to. He can sit down and we can vote on it. Mr. Mayor, I would have voted for this thing without when that man says what he said, Im gonna make sure. You are right. Get the owner so we can clarify it. Can you get the owner in a few minutes? Can you call him to come back? Sir, under the law you can't make application. 63. JUL 2 61973 Mr. Harris Turner Asst.City Atty. : Mr. Mayor because he is the applicant, he may represent himself in this case. Mr. Plummer: Wait a minute. Mayor Ferre: That is a legal opinion. Mr. Plummer: Okay, I am asking a question. Mayor Ferre: Go ahead. Mr. Plummer: I thought only the owner could make application for a zoning change. Mr. Turner: this is one of the fine points,.the way Mr. Rothstein explained it is, and he gave it as brief as he could but this also is included. To get into the intracicies of the opinion, it is because Mayor Ferre: I don't mean to criticize the legal profession but this is typical. Mr. Turner: On the basis that a person is representing himself, he can do this but if another person is representing, this is the foundation of his legal rights and - Mayor Ferre: Wait a minute, lets cut through all of this. Now we have a legal opinion on record now. Mrs. Gordon: Are you Edna Investment Inc.? Unidentified Man: No, this application was filed in my name and I have an affidavit - Mayor Ferre: He is the applicant and the City Attorney has now ruled that he can make this application. Is there a motion? Rev. Gibson: I move - Mayor Ferre: Is there a second? Mr. Plummer: Can a man make an application who is not the owner? I want this question answered. Can a man who is not the owner of a piece of property make application for a zoning change? Mr. Simpson: He has to be joined by the owner of the property and we require right now, an affidavit as to who owns the property. Unidentified Man: I have an affidavit on file when I made the application from the owners of this land to rezone it. Mayor Ferre: Mr. City Attorney, will you rule on this please? Mr. Turner: Mr. Mayor I made one ruling that the applicant can represent himself. Mr. Plummer: That's not the question. Mayor Ferre: The question is can this man legally not owning the property, make this application? Mr. Simpson: What is your name? Unidentified Man: My name is Oscar Vasquez. Mr. Simpson: The application and the affidavit show the name of a Patterson - Mayor Ferre: Mr. Simpson, we are on Item 11. The applicant is Edna Investments Inc., according to the record here. Mr. Vasquez: That is the people I am renting the land from. 64 Mr. Rothstein: No Sir, I am sirry, in effect you are representing them here today. If you were the applicant - Mr. Vasquez: I am the applicant. Mr. Rothstein: No you are not Sir. The applicant is the owner, Edna Investment Inc. Mr. Plummer: Mr. Mayor, let me make my point clear. Mayor Ferre: Its clear J.L. Mr. Plummer: If you get the owner here, I am all in favor an will vote yes. Mayor Ferre: Is there a motion for deferral to later on. We will take it up whenever the owner gets here. Rev. Gibson: Move to defer. Mr. Reboso: I second the motion. Thereupon the matter was deferred to later in the day ur until the next meeting if the owner is unable to appear at this time. 21, VARIANCE - LOT 2, 3, BLACK 58N, MIAMI B-41 Mr. Robert Korner, Attorney at Law, representing the applicant, Leahy Business Archives appeared. Mr. Actor': I will read a letter that is on file from the Dade County Department of Transportation. In part they say - "Although this department considers the proposed use the most reasonable for the subject location, this department still recommends denial for the request for variance and we are mainly concerned with the future traffic flow on North 7th Street and potential future use of the proposed building at the subject location. The paved area proposed to setback could best be utilized as a turn back area for the owner delivery van thus eliminating backing into the street" It goes on to say that they are against it mainly because of the fact that we should not be recommending denial in this particular location for off-street parking. The same reason that the Department recommended denial. We do know that through the efforts of our Downtown Zoning Consultant, that traffic in the entire downtown area will be critical. There are very definite recommendations forthcoming as to where parking should be placed in the downtown area and how it should be controlled. On a field inspection of this particular property, I did find that the area was fairly congested with vehicles parking on the street. We just don't believe that a recommendation or waiver should be granted. Mr. Korner: If I may, I would like to answer that. The lot was created in 1906 and is only 37.7' wide. The city regulations require no less than 42' in order to come onto a lot, park, turn around and come back out. There is no physical way to provide parking on this lot. The regulation until recently allowed a building such as this with 3,000 sq.ft. of area to be built without parking. The owners purchased the lot under that regulation, had the building designed under that regulation, it was even approved by the Building Department but then the regulation was changed before the permit was issued. The building will set back 25', 20' of which will be paved but it doesn't comply with this 42' requirement as far as turning around and coming aback out I think that the Department of Traffic and Transportation of Dade County sums it up when they agree that this is the most reasonable use for the subject property and actually its the only use. There is no property adjoining or within 300' that is available for this owner to purchase, 65 JUL 261973 • • We run into a situation that really if he is to have any reasonable use of the property, this is the least use that the owner can have and still not be deprived totally of the use of his property. Mr. Acton: Mr. Mayor, I did :ant to point out that both the applicant's lot and the property next door at this present time are vacant, are being fully utilized as off-street parking lots. Mr. Plummer: Well but George, lets come down the practicality of it. I have realized you .=have got to go by the book when you make your determinations but is Mr. Korner reasonable saying that this is a reasonable use of the subject piece of property? I know you don't like to deviate but lets - Mr. Acton: Really what we suggested Commissioner Plummer in our recommendations is that the applicant make a concerted effort in finding remote off-street parking facilities in connection with this site. We realize of course that he can't provide on -site parking but we are of the opinion that he should make a concerted effort to find a remote site. Mr. Plummer: That's what I wanted to hear. Mr. Mayor,keeping in mind, we know what the area is and we know what action and decision that Mr. Acton must make. Mr. Korner has always come here in good faith and I think he always will. Mr. Korner, I will move to approve this with your guarantee Sir, that you will endeavor to the best of your ability to acquire some parking in the area in the immediate vicinity if humanly possible. I just ask that you make every attempt Sir. Mr.Korner: Mr. Commissioner, I will make and continue to make attempt. I should tell you that we have contacted everybody within the radius of 300'. We will now attempt to contact people slightly more distant than that. Mr. Plummer: Ali right Sir, we can't ask any more than that. Mayor Ferre: Is there a second to the motion? Rev. Gibson: I second the motion. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-584 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4 (27), TO PERMIT CON- STRUCTION OF WAREHOUSE ON THE W 12.S' LOT 2 AND E 25' LOT 3, BLOCK 58N,, MIAMI (B-41), LOCATED AT 64 N. E. 7TH STREET, WAIVING 3 OF 3 REQUIRED OFF-STREET PARKING SPACES, ZONED C-S (LIBERAL -COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 66 JUL 2 61973 22, ACCEPT COMPLETED CONSTRUCT ION -CORAL. WAY SOUTH HIGHWAY IMP, H-4354 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-585 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354 IN CORAL WAY SOUTH HIGHWAY IMPROVEMENT DISTP.ICT H-4354, AND AUTH- ORIZING A FINAL PAYMENT OF $15,458.46 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by.Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Mayor Ferre, Rev. Gibson. NOES: None No objectors appeared. 23, REVIEW OF CONDITIONAL USE - OFF-STREET PARKING BY EMPLOYEES OF MLAMI BEACH AIR TRANSPORT Mr. Plummer: Mr. Mayor, I think for the record because this has been here God only knows how many times. I thin', it should be noted, the recommendation and memo dated July 2Sth be.:ause at the last Commission Meeting, this Commission imposed upon the applicant certain things that they were to comply with or we would not look favorably. I read from the last paragraph of this which states, "It is my recomm- endation that the conditional use be extended for a period of one year with a provision that the use of the property to the west of the garage be brought into compliance with the requirement established at the time the conditional use for that area was granted". I just think that should be just for a matter of record. Mr. Schiff, may I just proceed here Sir and ask you if you were aware of this memo Sir? Mr. Schiff: I knew there was a memo but I haven't had a chance to read a copy of it. Mr. Plummer: To the best of your ability, you have complied with everything the city requested of'you? Mr. Schiff: Yes Sir. Mr. Plummer: Do you further stipulate the provision that the use of the property to the west of the garage be brought into compliance with the requirements established at the time. Will you endeavor to do that Sir? Mr. Schiff: Yes Sir. Mr. Plummer: Well I just wanted that as a matter of record, so I guess then Sir, you are here to tell us again that they haven't done anything. Mayor Ferre: All right, the chair recognizes you Sir, your name and address for the record. 67 JUL 261973 • • Mr. Little: T. J. Little, 4290 N. W. llth Straet. I have pictures here to show different. Mr. Plummer: We have bigger pictures. Mr. Little: In fact one of the inspectors from the City of Miami happened to be in my Florida Room this past week and saw some of the conditions which are existing out there in the area that is not supposed to be for, in fact he saw them take place and I also have some pictures where the house that was supposed to have been kept for a buffer between our property, I would like to show you srme pictures of the conditions just with the buffer that Mr. Schiff pained a nice picture would be for our benefit. Mr. Plummer: Mr. Little, let me ask you Sir, in particular, what are you objecting to that he did not comply with? Mr. Little: This one thing here about this house that was put here for the buffer between the area that they are using and also the maintenance that is taking place with oil still being dumped on the ground and you can go out there now and see it, under the fence, kills the grass and this loud noise that we are woke up all night with this washing of the buses, that pump running all night continuously. Mr. Plummer: Sir, I am in receipt here of a picture and this picture very clearly states that there is discoloration but it is not from automotive activities. Mr. Little: Well what is it? It's coming from that direction. Mr. Plummer: I am only going on what is provided to me. Now if its not from the automotive pollution, then really we can't hold Mr. Schiff responsible. Now what other thing do you have in question? Mr. Little: This pump runn:.ng at night out there making loud noise that is waking us up continuously. Mr. Plummer: The washing machine. Mr. Little: Right, with a big pump with a noise on it. Mr. Plummer: Mr. Schiff, what have you to say to that Sir? Mr. Schiff: Well now - Mr. Plummer: I don't recall we put a stipulation on that, did we? Mr. Schiff: Mr. Plummer, I don't go out there at night so I really don't know what happens. The men are instructed in the interests of being good neighbors as I think Canon Gibson suggested the last time we were here, they haveLbeen instructed not to do any of this first echelon maintenance work which includes washing, during the hours when it would be disturbing to the neighbors. The only thing I can tell you is that there is a crew there at the facilities a good part, I guess all night and maybe some of them just don't follow orders and I can assure the Commission we will endeavor to see that they do follow orders. Those buses are sightseeing buses and they come in back to the ramp at all hours of the night from runs to Disney World and other places in the State of Florida and probably these people do some washing but we will make every attempt to see to it that they conform to our requirements. Rev. Gibson: Is it at all possible that the company can conform to the stipulations we wrote in? I remember my words, they are coming back to haunt me. Mr. Plummer: Father Gibson, I don't think so. You know, here that's why I made a point of reading into the record and unless this record is not correct, that they have complied and the only thing they had asked them further to comply with is that the property west of the garage be brought into compliance. Now this is from our people. This is not from either side. 68 JUL MO 1973 • Rev. Gibson: J. L. what I was about to say, in view of what the observation you made from the letter, I would like to say to Mr. Schiff, go back and tell your client exactly what the report said and we will give them X-number of days to do it. Now I don't think we could ever say we want to do certain things and then we try to understand, really and I know that a Charter Bus, because our young people just went up to Disney World and they were scheduled to be back at one time and it has been really impossible to say you are going to knock off at 12 O'Clock if the bus breaks down, you have all those children as was in our case and I hope the one thing we in the City of Miami will do if nobody else wants to do it, is to try to live reasonably so. I don't want a. man's business to be knocked out and I still don't want the homeowner not to be able to rest. We want to have the best of 2 worlds. Sir, can we ask you to go and say to your client, that look, knowing you as I do, I am sure you will go and tell them but I hope you will understand what we are trying to do. Mrs. Little: May I say something please? This garage where they do the maintenance work. The rear of the building is not zoned for commercial use which they are using and I can't see that it would be too much of a problem if they would use the front area for their commercial use, for working on the buses and not running those buses. This is the thing that I complain about. They crank one of the buses and let it run for 30 minutes or maybe longer and if you have ever followed a bus, you know how bad the fumes are and they come in our house daily and this is the thing that I object to. Rev. Gibson: Mr. Mayor, I would suggest we ask Mr. Schiff and our staff people to get together and that within 60 days, is that reasonable? The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-586 A RESOLUTION TO DEFER FOR A PERIOD OF 60 DAYS THE MATTER OF EXTENDING A CONDITIONAL USE TO PERMIT PARKING ON 4 LOTS ADJACENT TO A BUS GARAGE AND STORAGE YARD AT 4250 N. W. 11TH STREET OPERATED BY MIAMI BEACH AIR TRANSPORT;INC., IN ORDER TO ENABLE THE APPLICANT, THE OBJECTORS, AND THE PROPER OFFICIALS OF THE CITY ADMINISTRATION TO ATTEMPT TO ARRIVE AT A SOLUTION TO THE PROBLEMS POSED BY THE OBJECTORS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None Mr. Reese: I will hold the Building Department responsible for calling the meeting and carrying this outbecause they are the ones that made the inspection. Mr. Little: Will lire be notified on this please Sir? Mr. Reese: Yes Sir, you will be part of it. 69 JUL 26197a • 241 CONDITIONAL USE. .LISTS 1 .T U 5 8 16 THRU 2.0. BLOCK 22N1 MIAMI B-41 GREYHOUND BUS TERMINAL The Mayor announced the Commission was now ready to consider this application to permit construction of a Bus Terminal and inquired if any objectors were present. One person appeared. Mr. Phillip Schiff representing Greyhound Lines appeared. Mr. Schiff: I can state on behalf of my client, Greyhound Lines Inc., that we are agreeable to the, to all of the conditions set forth in the unanimous recommendation of the Planning and Zoning Board and also the conditions which were requested by the Planning Department with which we met prior to the Planning Board's action and we would accept the conditional use with all of those conditions. Mayor Ferre: All right, the Planning & Zoning Board, 9 to 0- Mr. Plummer: Wait a minute. Mr. Rompf is here and would like to be heard Sir. Mayor Ferre: Mr. Rompf, go ahead Sir. Mr. Rompf: I have been down to the Planning F, Zoning a couple of times. My name is George C. Rompf Jr., I do not feel that they have paid sufficient attention to the parking situation. They haven't allowed for enough parking because you are going to have to eliminate parking on the south side ofi th street and probably on north & south side of 9th St. in order to get these buses in and out. You are bringing these big buses into an area where you have a pretty good traffic and 9th Street is bad on traffic because its narrow. Mayor Ferre: Mr. Rompf which property do you own? Mr. Rompf: The N. W. corner and the N. E. Corner of Block 19. Mr. Plummer: Mr Acton, where Mr. Rompf is bringing the question up about parking. Now, - Mr. Acton: I believe I can answer. There was a meeting in the Planning Department office on July 5, 1973 because the Department was very concerned that the development of a Bus Terminal be in conformance with proposed traffic plans for the entire downtown area and --in attendance at that meeting were representatives of the Greyhound Company Fla. Dept.of Transportation, Metro Transit Authority, Dade County Depart- ment of Transportation, Wilbur Smith & Associates who are sub -consultants to our downtown traffic consultant and members of the Planning Department Staff. The entire project was reviewed, both in context of our current downtown zoning study and also in the context of the multiple use study that was performed by the Dade COunty Department of Planning some two years ago. All parties in attendance agreed that the Greyhound Terminal would be approved as proposed by the plans which had been submitted providing that they met the conditions that were imposed, which they have done. Mr. Plummer: Mr. Acton, that's not the point that Mr. Rompf brought up. Mr. Rompf brought up a point in question about not adequate parking being provided. Mr. Acton: That was reviewed. The reason I mentioned the various departments of transportation is because both the off-street parking, traffic flow, on -site parking, the entire circulation system and traffic system of the downtown area were reviewed in the context of this plan. In other words, we had all of the expertise possible attending this meeting because we wanted to be very sure that this was an appropriate location for the Greyhound Terminal and many of the questions that could be raised were concerning off-street parking and traffic circulation. 70 • Rev. Gibson: Mr. Rompf, were you there when they were meeting? Mr. Rompf: I wasn't advised of the meeting. I was at the Monday Night meetings but was never advised of the daytime meeting. Mr. Plummer: Well Mr. Rompf, you heard the testimony of the experts Sir. Mr. Rompf: I hear what the experts say but sometimes I wonder what experts are. Mr. Plummer: Would you like this Commission to go down and look at the parcel. Do you think that would - Mr. Rompf: I haven't heard anything about how they are going to handle the traffic of their buses. They have to get back to the expressway to get out of town. To do that, they are going down to loth Street down to the Boulevard and come back up llth Street. There again, you have a street to carry a good deal of traffic, llth Street. A great many people use that to get over to first avenue to get on the expressway but originally the Greyhound started out to acquire an entire block up there. Now they are only talking about using 10 lots,which is entirely inadequate. If you have been around this town as long as I have, you have seen a,great many developments of big companies which turn out to be inadequate within a very short time. All you have to do is to look at the Greyhound Bus Station downtown. When they took the first lease on that thing, it was not fully adequate property at that time for what they were doing. Now we are up against the sane thing. They are going to build a relatively small station for the size of the bus traffic that they have in this area now. What are they doing with that station 5 years from now? I have seen this happen too many times in this City. Rev. Gibson: Would it help if youwere able -:o talk with the experts and the clients as you are talking with us, ir, view of the fact that you didn't have an opportunity to talk with them and have some input? Would it help? At least you ought to try. I tell you what. I am sure we need the bus terminal. There is no question about that and the unfortunate thing is, I must also say that not as many people travel in a bus as they did 15 years ago because more people get on a plane and I share their concern, I wouldn't want to overbuild but at the same time, you '.ought to have adequate preparations. You would help us if you would talk to these people and see if you can't have a meeting of the minds, even if they might get more property or some such arrangements and come back. Mr. Rompf: Well I was interested in them getting more property there in order to make the thing adequate. Mr. Schiff: And Mr. Rompf, I might point out represents that "more property" that he is interested in. Unintelligible conversation Mr. Schiff: Canon Gibson, Mr. Rompf is a fine gentleman but I do not know him as an expert. These things, believe me, we were taken over the hurdles at the meeting that George Acton told you about and we had Mr. Dobbins who is here today who heads the property section,of Greyhound in Cleveland. He was there. The architect who is here today, he was at that meeting. We met, there were so many experts at the meeting that I don't think there was anybody left in any office concerning traffic and transportation. They were all at that meeting. That conference room of Mr. Acton's was jammed. You couldn't find a seat there and all of the experts tossed these things at us, they took us over the coals and they were convinced and now Mr.Rompf, who by the way is, I'll give him credit for persistence, he is a voice in the wilderness, everybody else in the area agreed that this layout which is projected and what Greyhound proposes to build there is going to be something that is going to revitalize that neighborhood which I think is an important thing. That is a run-down neighborhood. Now as to time,generally speaking, when I represent clients, I always counsel them for goodness sake to take all the time that anybody wants in order 71 to get everybody satisfied if you can. In this instance, we must as quickly as possible get into our working drawings for ther construction of that facility because our lease at the present facility expires in August 1974 and we must respectfully request that the Commissiaianot defer.this beyond today but act on it, and act on it affirmatively because otherwise we are going to be out of the Downtown Bus Terminal and Lord knows where. Mayor Ferre: I think we have heard both sides now and I think its time for ''the Commission to make its decision so, the chair is now open for a motion, one way or the other. Rev. Gibson: I want to ask this question. I am not trying to evade the issue. Mr. Schiff, we don't have another meeting until September. I know how difficult it is for a man who owns property to even endure some things and I am a firm believer that we cannot live in 1973 as we did in 1900, it just isn't going to work. Sir, I ask you this. Would it inconvenience you beyond reason if you were able to sit down with this gentleman with the experts and sell him on this. Mr. Schiff: Let me put it this way. We are talking about August and a portion of September. We had hoped, I was talking to Mr. Marion over here who is the architect, and asked him when he would be able to complete the working drawings and pull the permits and get going on the thing, and he said hopefully by the first of the year IF we get some action on this thing today. Now, I don't know what in the world that is going to do to our operation Canon Gibson. Mayor Ferre: I'll state my opinion. I think that this is a matter which should be -resolved today, one way or the other because I think that putting it off till September is just going to bring it back here in the very same way and we have the very same questions and will have the very same decision that we have to make now. This matter has been deliberated on. It's been taken to the Planning Department, the Planning Department has ruled on it. The Planning & Zoning Board has moved on it. The Downtown Development Authority has taken a position on it. I think we have heard the objections. I think they have merit. We have proponents. He has expressed his opinion and I think it is not going to change in the next 45 days and is just a matter of what this Commission wants to do. I think we have to take a position on it right now. Mr. Plummer: I don't dispute everything you said, its true but I think also Mr. Schiff made it very clear that its not clear to Mr. Rompf. Now, Iam not saying that Mr. Schiff should change his mind. I know both of these gentlemen personally and I think they are both men of their convictions but still, what I am saying is, I think Mr. Rompf should have the opportunity to see what exactly the plan is and see the reasons behind the recommendations. Mr. Acton: For your consideration, this is first reading. Mr. Southern, City Clerk: Mr. Mayor, this is a resolution. Mayor Ferre: This is a conditional use. Rev. Gibson: Let me say Mr. Schiff, I may find it easier to live if you meet with this man. Mr. Plummer: Mr. Schiff $ Mr. Rompf. We are going to be here at least another 3 hours. Is it possible that the 2 of you could sit down and after you have had it fully explained to you Sir, you put your input to it and come back about 5:30 or 6 O'Clock and let the Commission then decide? Rev. Gibson: I move to defer to 5:30, that they may have a conference. By unanimous vote of the Commission, the matter was deferred to later in this meeting. 72 JUL 2 619 • 25, CONDITIONAL USE - HALL TRACT --TENTATIVE PLAT #873 LOCATED AT 200 S. E. 2ND AVENUE, ZONED C-3 No objectors appeared. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-587 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2(8) (a), TO PERMIT 7-LEVEL PARKING STRUCTURE IN CONJUNCTION WITH HOWARD JOHNSON'S MOTOR LODGE $ RESTAURANT ON "HALL TRACT" - TENTATIVE PLAT #873, LOCATED AT 200 S.E. 2ND AVENUE, ZONED C-3 (CENTRAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 26, VARIANCE - UNPLATTED PROPERTY- 1764 S. W. 3RD AVENUE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-588 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO 6871, ARTICLE IV, SECTION 9(1), TO PERMIT CONSTRUCTION OF ADDITION TO EXISTING STORE BUILDING ON UNPLATTED PROPERTY, LOCATED AT 1764 S. W. 3RD AVENUE, WAIVING PLATTING REQUIREMENT; ZONED C-1 (LOCAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 73 JUL 261973 Alk 27, CONDITIONAL USE - 1.OTS 26, 27, BLOCK 2, NEW HAVEN (6-184) No objectors appeared. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-589 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (f), TO PERMIT CONSTRUCTION OF ADDITION TO UNIT IN REAR OF PROPERTY ON LOTS 26 AND 27, BLOCK 2, NEW HAVEN (6-184) LOCATED AT 2329 N. W. 34TH STREET, BEING A NON -CONFORM- ING THIRD UNIT; ZONED R-2 (TWO-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on filc in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer,Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 28, CONDITIONAL USE - LOTS 13,14, BLOCK 2, MELROSE HEIGHTS (11-17) Mr. Roger Garcia, applicant appeared. No objectors appeared. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-590 A RESOLUTION GRANTING A " CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XVI, SECTION 1 (37) (a), TO PERMIT AUTO PAINT SHOP ON LOTS 13 AND 14, BLOCK 2, MELROSE HEIGHTS (11-17), LOCATED AT 2530 N. W. 36TH STREET, SUBJECT TO APPROVAL OF THE SITE PLAN BY THE PLANNING DEPARTMENT, ZONED C-4 (GENERAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 74 JUL 261973 • 29, PERSONAL APPEARANCE - W. D. TOLBERT. URBAN AGENT SUBJ: CHILD DAY CARE CENTERS Mr. Tolbert: I am W. D. Tolbert, Urban Agent, Florida International University. I guess that word means to help bring University and agencies to help make the quality of life better in the county & city. You have before you a draft proposal in which we are looking at development of a model day care center. We think it's model because it has features proposed that no other center has in the country. we think it's unique because of the tremendous need that is existing. Many of our day care centers kind of do little more than a kind of a baby-sitting action. We want to move from that type of thing to a more dynamic -educational program: We think a couple of unique things about it is that the cooperating agencies and institutions have worked on this, for example, we are looking at young people coming into the center who may have development or disabilities. The Mailman Center of the University of Miami would be involved in trying to identify these people and trying to provide services not only to the young person but to help the family adjust to that situation. We are also looking at this tremendously highly populated area composed of over 2,000 young people. This also would give both the City F, County an opportunity to become involved in a joint effort whereby we can work on a program in which we can provide these kind of services. Unique in this proposal, I would like to say is, we are talking about a center operating from 7 in the morning to 9 at night, 6 days a week as opposed to a center opening at 7 and closing at 5. Mayor Ferre: Mr. Tolbert, in the interest of time, I think Father Gibson has a motion which I think is going to be an appropriate motion and I will recognize him. Rev. Gibson: I am familiar with what is being said about this project and I know Mr. Tolbert. I want to take the same kind of position here that I have taken in the past. We do have a Day -Care Committee, a Task force committee. We are not opposed to what you are doing but, I have always held to the position that if we don't need that citizens committee, we ought to get rid of them. I suggest Sir, that you get in touch with the committee and make your presentation to them. They will be back apronto and bring the matter to us. Mayor Ferre: The chairman is right here with us today. Mr. Tolbert: Yes, we have talked and I understand as I attended her last meeting and they are going to make a recommendation. The kind of things I understood her to explain, there is and we probably could work our notice in previous occasion of people getting together. I see no reason why we couldn't get together. Mayor Ferre: Mr. Tolbert, I understand the cost you are recommending on this is $246,250 to fund this program. I read in the paper and I understand Mr. Reese that we have recently gotten $134,000- Mr. Reese: No, we won't get that until the new revenue sharing in 73-74. Mayor Ferre: In other words, that will be effective in October won't it? Mr. Reese: No Sir. Mayor Ferre: 73-74? Mr. Reese: Yes, that will come in after January. This is based on the new formula that you are going to use. Mayor Ferre: I see. Mrs. Gordon: I second your motion Father Gibson which was refer this to the task force committee. The matter was unanimously referred to the Task Force Committee of Day Care Centers and the Revenue Sharing Committee. 75 JUL 2 61973 • 30. REVIEW OF CONDITIONAL USE - MECHANICALLY OPERATED PARKING STRUCTURE BISCAYNE BOULEVARD AT 3RD STREET Mayor Ferre announced he would abstain on this item and left the Commission chambers. Mr. Plummer: Mr. Vice -Mayor, I think we should read into the record, the recommendation of the City Manager: RECOMMENDATION: In view of the fact that this parking lot is part of the front door of Miami and the whole area is being up- graded by private industry and by the construction of the downtown buildings for the Miami -Dade Community College Campus the following recommendations for continued use of this parking lot for one (1) more year are: (a) Plant the required additional hedges to present a continuous, solid, unbroken visual screen for a height of at least two and one-half (2 1/2') feet. (b) Install and anchor precast concrete wheel stops for every parking space that abuts landscaped areas. (c) Install 6" curbing around landscaped areas that abut parking lot and driveways. (d) Remove vending machine. (e) Re-evaluate existing unsightly sign. (f) Submit report on parking area lighting as notified on July 9, 1973. (g) All the above to be accomplished in thirty (30) days. REF:GEL:jb Enclosures - 2 Pictures cc: Building Director Zoning Inspection Reading File Planning Board Also as part of the record, we have been supplied photographs which I think you should see of the area that is in question and if you want Sir, you an refute, rebutt or let me make the motion and that is that we give you the 30 days to comply with these things set forth in the Manager's memorandum and that we re -hear this in 30 days to see if you have complied. If you don't comply in 30 days and as I•recall most/ of this was asked for then. I am not arguing, I didn't see it. If I don't have a report back that he has complied, I will vote to withdraw the conditional use. If he complies, I will vote to give him another year extension. 76 • • 1 a Mr. Vice Mayor, I will move that these things be complied with. That is in the form of a motion. I will be more than happy to give this to Counsel so that he can point by point, make sure that each and every one of these things are complied with and I would assume Mr. Andrews that our Building Department will be the judge as to whether he has complied. Mrs. Gordon: J. L. wouldn't it be better to defer this until then? Mr. Plummer: That is exactly what I am doing. Rev. Gibson: You understand what is happening. You are in accord? Any further discussion? Upon unanimous vote of the Commission, the matter was then deferred for a period of 30 days. 31, ACCEPT COMPLETED WORK - FENCING FOR FIRE STATIONS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-591 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FENCE MASTERS, INC., AT A TOTAL COST OF $6,058.60, AND AUTHORIZING A FINAL PAYMENT OF $605.86 FOR THE FIRE STATIONS - FENCING - 1973 (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson. ABSENT: Mayor Ferre. 32, ACCEPT COMPLETED WORK - SOUTHERN DRAINAGE PROJECT E-27 The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-592 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HOLLAND PAVING CO., INC. AT A TOTAL COST OF $194,968.50; AND AUTHORIZING A FINAL PAYMENT OF $20,000.40 FOR THE CONSTRUCTION OF SOUTHERN DRAINAGE. PROJECT E-27 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson ABSENT: Mayor Ferre. 77 JUL 2619 1 4 33, ACCEPT COMPLETED WORK- N. N. 17 AVENUE T.V. INSPECTION AND REPAIR PROJECT - 1973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-593 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FITZGERALD ENGINEERING CO., INC. AT A TOTAL COST OF $4,380.75, AND AUTHORIZING A FINAL PAYMENT OF $438.08 FOR THE N. W. 17 AVENUE T. V. INSPECTION AND REPAIR PROJECT - 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 34. ACCEPT PLAT - ELDA GARDENS SUBDIVISION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-594 A RESOLUTION ACCEPTING THE PLAT ENTITLED ELDA GARDENS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLO- RIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH PAVEMENT; CURB.,AND GUTTER; AND AUTHORIZING AND DIRECT- ING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 78 JUL 261973 • • 35, DISCLAIMER AGREEMENT TO _METROPOLITAN DADE COUNTY The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-595 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MAN- AGER AND CITY CLERK TO EXECUTE AND DELIVER TO METROPOLITAN DADE COUNTY, FLORIDA, A DISCLAIMER AGREE- MENT FOR THE PROPERTY DESCRIBED HEREIN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson. ABSENT: Mayor Ferre. 36, ACCEPT COVENANT - ALLEN R.GREENWALD AND JILL F. GREENWALD The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-596 A RESOLUTION ACCEPTING FROM ALLEN R. GREENWALD AND JILL F. GREENWALD, HIS WIFE, A COVENANT TO RUN WITH THE LAND DATED JUNE 7, 1973, RELATING TO A BUILDING ENCROACHMENT IN THE DEDICATED STREET RIGHT OF WAY AT THE SOUTHEAST CORNER OF N. E. 24 STREET AND 7TH AVENUE AND DIRECTING THAT SAID COVENANT BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson. ABSENT: Mayor Ferre. 79 411 37. NAME BICYCLE PATH - SIEGENDORF BICYCLE PATH The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 7 3- 5 9 7 A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI NAMING THE BICYCLE PATH THROUGH COCONUT GROVE TO THE RICKENBACKER CAUSEWAY THE SIEGENDORF BICYCLE PATH (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 38, ACCEPT STATE GRANT - SIEGENDORF BICYCLE PATH The following resolution was introduced by Mrs.Gordon, who moved its adoption: RESOLUTION NO. 73-598 A RESOLUTION ACCEPTING A $23,645 STATE GRANT FOR THE CONSTRUCTION OF SIEGENDORF BICYCLE PATH; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT AND AGREEMENT WITH THE STATE OF FLORIDA FOR THE SIEGENDORF BICYCLE PATH; AND ALLOCATING $26,482 FROM THE CAPITAL IMPROVE- MENT FUND - UNALLOCATED FUND ACCOUNT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 80 JUL 26197 • 40 39, ACCEPT HIGHWAY RIGHT OF WAY DEED - LEO & PHYLLIS LA ROSE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-599 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY LEO PAUL LA ROSE AND PHYLLIS LA ROSE, HIS WIFE, CONVEYING FOR HIGHWAY WIDENING A STRIP OF LAND ALONG N. W. 30 STREET EAST OF N. W. 21 AVENUE; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs, Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 40, ALLOCATE $25.000 - APPRAISAL SERVICES - PARKS FOR PEOPLE BOND PROGRAM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-600 A RESOLUTION ALLOCATING $25,000.00 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST OF APPRAISAL SERVICES AND OTHER INCIDENTAL EXPENSES FOR THE ACQUISITION OF PROPERTIES UNDER THE PARKS FOR PEOPLE BOND PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 81 • 41, FEE SIMPLE TITLE- DALLAS PARK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-601 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, DETERMINING AND FINDING THE NECESSITY FOR A PUBLIC PURPOSE IN ORDER TO PROVIDE FOR ADDITIONAL PARK FACILITIES FOR THE CREATION OF FORT DALLAS PARK TO ACQUIRE BY CONDEMNATION OR OTHERWISE THE FEE SIMPLE TITLE TO UERTAIN LANDS DESIGNATED HEREIN AND DIRECTING THE DEPARTMENT OF LAW OF THE CITY OF MIAMI TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF THE DECLARATION OF TAKING AND THE POSTING OF THE NECESSARY BOND (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 42, FEE SIMPLE TITLE - EATON PARK The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-602 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, DETERMING AND FINDING THE NECESSITY FOR A' PUBLIC PURPOSE IN ORDER TO PROVIDE FOR ADDITIONAL PARK FACILITIES FOR THE EXPANSION OF EATON PARK TO ACQUIRE BY CONDEMNATION OR OTHERWISE THE FEE SIMPLE TITLE TO CERTAIN LANDS DESIGNATED HEREIN AND DIRECT- ING THE DEPARTMENT OF LAW OF THE CITY OF MIAMI TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF THE DECLARATION OF TAKING AND THE POSTING OF THE NECESSARY BOND (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 82 • • 43, DUPLICATE TAX CERTIFICATE - MARGUERITE LEWIN The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-603 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ISSUE DUPLICATE TAX CERTIFICATE TO MARGUERITE LEWIN;, EXECUTRIX OF THE ESTATE OF MICHAEL• LEWIN, UPON FILING OF BOND IN ACCORDANCE WITH THE LAW AGAINST ANY LOSS THAT MIGHT OCCUR BY REASON OF THE REAPPEARANCE OF THE ORIGINAL CERTIFICATE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 44, EXTENSION OF EMPLOYMENT - PIO ZUCLICIL WA CHMAN DEPT OF YACHT & DOCKS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-604 A RESOLUTION APPROVING A ONE (1) YEAR ESTENSION OF EMPLOYMENT PAST THE AGE OF 72 FOR PIO ZUCHLICH, WATCHMAN DEPARTMENT OF YACHT DOCKS, EFFECTIVE MAY 2b, 1973 WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK MR. ZUCLICH, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 83 • 1 1 45, FEDERAL GRANT APPLICATION - "MANAGEMENT DEVELOPMENIT PROGRAM" The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-605 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLIC- ATION TO THE DEPARTMENT OF JUSTICE LAW ENFORCEMENT ADMINISTRATION TO INITIATE A PROJECT ENTITLED "MANAGEMENT DEVELOPMENT PROGRAM" AND FURTHER AUTHOR- IZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 46, AUTII RECEIVE BIDS FOR ASPHALT WALKWAYS & LIGHTING DINNER KEY AREA The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-606 A RESOLUTION AUTHORIZING THE CITY MANAGER TO RECEIVE BIDS FOR THE INSTALLATION OF ASPHALT WALKWAYS AND SEPARATE BIDS FOR THE INSTALLATION OF WALKWAY LIGHTING FOR THE PROPERTY ACQUIRED AS A PART OF THE DINNER KEY PLAN ADJACENT TO SOUTH BAYSHORE DRIVE; AND FURTHER EXPRESSING THE INTENT OF THE CITY COMMISSION TO APP- ROPRIATE THE NECESSARY FUNDS FROM THE CAPITAL IMPROVE- MENT FUND - UNALLOCATED FUNDS AFTER BIDS HAVE BEEN RECEIVED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 84 • 47, CONSULTING SERVICES-REDESL&N OF SOUND SYSTEM AT MARINE STADIUM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-607 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EMPLOY THE FIRM OF BOLT BERANEK AND NEWMAN, INC. FOR PRE- LIMINARY CONSULTING SERVICES FOR THE REDESIGN OF THE SOUND AMPLIFICATION SYSTEM FOR THE MARINE STADIUM FURTHER PROVIDING THAT THE COST OF SAID PRELIMINARY STUDY IS NOT TO EXCEED $750, AND ALLOCATING THE NECESSARY FUNDS FROM CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS TO COVER THE COST OF SAID CONSULTING SERVICES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 48, EXTENSION OF EMPLOYMENT - CITIARLES I. BERRY PUBLICITY DEPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-608 A RESOLUTION APPROVING A SIX-MONTH EXTENSION OF EMPLOYMENT PAST THE AGE OF 75 FOR CHARLES I. BERRY, CUSTODIAN I, PUBLICITY AND TOURISM DEPARTMENT, EFFECTIVE JUNE 17, 1973 TO DECEMBER 17, 1973, WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, MR. BERRY, RATHER THAN A JUNIOR EMPLOYEE WOULD BE AFFECTED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT: Mayor Ferre. 85 49, BOXING & WRESTLING BOARD TRAVEL TO WORLD BOXING ASBI+L MEETING Mr. Plummer: We requested them to supply us with the cost involved. I have seen it, I think its fair and reasonable and I will move it. Mrs. Gordon: You have seen it, I haven't. Mr. Plummer: Its in your boob, for Mr. Demos and Mr. Dykes to travel to the world boxing association. Two delegates to be the representative of the City of Miami to the World Boxing Association. Mr. Reboso: Second. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-609 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO MAKE AVAILABLE FUNDS IN THE AMOUNT OF $1,030.00 FOR THE PURPOSE OF ENABLING JAMES DEMOS AND BOBBY DYKES TO ATTEND THE WORLD BOXING ASSOCIATION CONVENTION TO BE HELD IN CARACAS, VENEZUELA FOR A FIVE DAY PERIOD (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon and Reverend Gibson. ABSENT:. Mayor Ferre. NOTE: Mayor Ferre re-entered the meeting at this time. 50, ALLOCATE $21,000-FROM PUBLIC PARK.& RECREATIONAL FACILITIES BOND FUNDS TO COMPENSATE EDWARD D. STONE &SOCIATES The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-610 A RESOLUTION ALLOCATING $21,000 FROM PUBLIC PARK AND RECREATIONAL FACILITIES BOND FUNDS TO COMPENSATE EDWARD D. STONE., JR., AND ASSOCIATES FOR THE DEVEL- OPMENT OF A MASTER USE PLAN FOR WATSON ISLAND, AS PROVIDED THROUGH RESOLUTION NO. 72-653; AND FURTHER AUTHORIZING THE CITY MANAGER TO COMPENSATE SAID CONSULTING FIRM FOR THE WORK ACCOMPLISHED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs,. Gordgnt Reverend Gibson. ABSENT ON ROLL CALL: Mayor Ferre. 86 JUL 26197 51, SPECIAL CHARGE ACCOUNTS - HOTELS & MOTELS IN AREA of LE JfuNE GOLF COUR= Mr. Plummer: I don't know of anywhere else in the City that we have charge accounts, am I mistaken or not? Mr. Andrews: No. Mr. Plummer: You. are getting into a field where you are discussing charge accounts. Mr. Andrews: Not in the sense of a charge account in that the total billing comes from one agent, such as a hotel or motel - Mr. Plummer: I don't care Mr. Andrews. I have delved in estates and probates and things of that nature. Now, what I am saying is this. I have no objections to this proposal. I think its well in accord but I am saying that I would expect and demand of the administration that sufficient deposits be secured so that at no time we have to go to Court to collect our money. I am raising that question that if a deposit is there in sufficient size which would be determined by the administration, that if they don't pay us on the 30 days, we take it out of their deposit and we cancel their charge account. Mr. Andrews: Deposit or how about bonding? Mr. Plummer: No, I want a deposit. A bond can go to Court and be tied up. A deposit is good old cold cash and if they don't pay the bill, we take it out of the bank account and we refund the difference to them and we cancel their charge account. Mrs. Gordon: A point of information. Does it cost us any more to do it on a billing basis or on a cash basis, of course is cheaper- • Mr. Andrews: No, in many respects, its less costly because you might be dealing with a block of 50 people that you would account for and then receive billing for the S0 rather than having individual accounts. Mr. Plummer: Mr. Mayor, I will move Item 50 with the proviso that the administration demand in advance, deposits of suitable size to more than adequately cover the charge accounts contemplated for those persons applying for this privelege. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-611 A RESOLUTION APPROVING IN PRINCIPLE THE ESTABLISHMENT OF SPECIAL CHARGE ACCOUNTS FOR HOTELS AND MOTELS IN THE MIAMI AREA FOR LE JEUNE GOLF COURSE AND MIAMI SPRINGS GOLF COURSE GREENS FEES, AND AUTHORIZING THE CITY MANAGER TO DEVELOP FORMAL AGREEMENTS BETWEEN SAID HOTELS AND MOTELS TO SET CRITERIA FOR THE ACCO- UNTING AND PAYMENT PROCEDURES; AND TO SUBMIT THE AGREEMENTS TO THE CITY COMMISSION FOR APPROVAL; SUBJECT FURTHER TO A CONDITION THAT ADVANCE DEPOSITS OF SUITABLE SIZE TO ADEQUATELY COVER THE CHARGE ACCOUNTS BE REQUIRED FOR.THOSE PERSONS OR ORGANIZATIONS APP- LYING FOR SAID PRIVELEGE (Here follows body of resolution, omitted here and on file in the City Clerks Office) 87 JUL 26197 Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 52, PUBLIC HEARING - OFF-STREET PARKING DEPARTMENT BUDGET see item 14 of these minutes Mr. Brawn: Mr. Mayor, I am Art. Brawn, Assistant Director of Off -Street Parking. Mr. La Baw is on vacation and asked me to come down and represent him. Mayor Ferre: Lets get to the questions right quick. Your total estimate for this coming revenue year as I read is one million, five o five, $1,505,000 Of that total, forgetting from the first page which totals 481, is that meters? Mr. Brawn: That is all the Off -Street Parking Lots. Mayor Ferre: Lots. Mr. Brawn: Then you have a breakdown on the garages and then the on -street meters down at the bottom of that page and then the hospital is separate. Parking revenues from the hospital. Mayor Ferre: Correct me if my arithmetic is wrong. If I add 481 to one million and one to 278 to 216, there is no way I get $1,505,000. How come you got $1,505,000? Mr. Brawn: The lots total $481,000 even. The garages total $530,270. Mayor Ferre: Wait a moment, I am talking about the estimated revenue Mr. Brawn: That is what I am talking about, Yes Sir. Mayor Ferre: The thing I have says 481 for the budget year, revenue estimate 73-74. Mr. Brawn: That is on the lots - 481. Now go over to the garages, you have $167,170 for the one garage. Mayor Ferre: Get the totals - a million 001. Mr. Brawn: No, it isn't. That's the total of the lots and the garages. Mayor Ferre: Ok, you have answered my questions. Mr. Brawn: That figure for the garages is $530,270 and the grand total if you will add those up is $1,505,420. Mayor Ferre: Let me see if I understand this now. What you are telling me is that we have $481,000 revenue estimate in ground lots. Surface Lots. Then we have 167,140,159,--. Mr. Brawn: That's for the new garage. Mayor Ferro : What happened to #4? Mr. Brawn: #4 was the proposed garage at the hospital that the county is now doing. We skipped that numher. #5 is the one that is going in accross from Dade Jr. Downtown. Mayor Ferre: Which is the one that is on Biscayne Boulevard? Mr. Brawn: #2. Mayor Ferre: How much does that cost on a yearly basis to operate? Mr. Brawn: $183,643. Mayor Ferre: I assume we aren't going to build any more mechanical garages Mr. Brawn: Absolutely not. 88 JUL 26197 Mr. Brawn: We consider ourselves lucky if we break even on that one down there. Mayor Ferre: I have no further questions. Are there any questions from the Commission or the Administration? You have the income as submitted to you, the expenditures are in your book. I am satisfied. Rev. Gibson: I move. Mrs. Gordon: Second. An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1973 AND ENDING SEPTEM- BER 30, 1974 FOR THE DEPARTMENT OF OFF-STREET PARKING PROVIDING THAT IF ANY SECTION, CLAUSE OR SUB -SECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND BY A FOUR -FIFTHS VOTE OF THE MEMBERS OF THE COMMISSION, DISPENSING WITH THE REQUIREMENT OF READING THIS ORD- INANCE ON TWO SEPARATE DAYS was introduced by Reverend Gibson and seconded by Mrs. Gordon for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Reverend Gibson, seconded by Mrs. Gordon adopted said ord- inance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8172. 53, CONDITIONAL USE - LOTS 1 THED 5, AND 16 'Hu_ 20 BLOCK 22N MIAMI B-41 GREYHOUND BUS TERMINAL SEE ALSO MINUTE ITEM #24 Mayor Ferre: Mr. Schiff are you ready? Mr. Rompf will you step forward. Sir? Have you had an opportunity to discuss this further and look into this matter? Mr. Rompf: Yes we discussed it. Mayor Ferre: Is your position still the same or have you changed? Mr. Rompf: I haven't changed much. They haven't changed either. They still feel they have a perfectly adequate plan but with the experience we have had in this city, its rather doubtful. Rev. Gibson: Mr. Mayor, I want to make a comment before I make this motion. I would think that all of us who live in the City know that the situations change from day to day. I remember when the First National Bank was built, those who were here voting at that time, we the citizens thought it was adequate. I would hope that the corporation would be ever mindful and vigilant -that if you discover that you are creating a traffic jam or traffic problem, in the operation of this Bus Terminal that you wouldn't hesitate for the safety and welfare of this' community, that you would be vigilant and get about the business and acquire some more land. With that in mind, I am going to offer the motion. 89 JUL 2 6197 • The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-612 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PRO- VIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2 (8) (b), TO PERMIT CONSTRUCTION OF GREYHOUND BUS TERMINAL ON LOTS 1 THRU 5, AND 16 THRU 20, BLOCK 22N, MIAMI (B-41), LOCATED AT APPROXIMATELY 950 N. E. 2ND AVENUE, SUBJECT TO REVISED SITE PLAN SHOWING A 6' SOLID TEXTURED MASONRY WALL ON THE SOUTH HALF OF THE WEST PROPERTY LINE, WITH a 3' LANDSCAPED AREA ALONG THE ENTIRE WEST PROPERTY LINE SCREENING OF TRASH FACILITIES AND A DETAILED LAND- SCAPE PLAN, MAKING THE NECESSARY RIGHT-OF-WAY DEDICATIONS ON N. E. 10TH STREET AND 2ND AVENUE ZONED C-4 (GENERAL COMMERCIAL) DISTRICT and C-5 (LIBERAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Under Discussion - Mr. Plummer: Father Gibson has made certain comments, I would like to make others and this is in no way please, detrimental to the Greyhound Corporation, the owner and operator. The Downtown Bus Station has never enjoyed the best reputation that has been known. I am not going into detail but I am going to say Mr. Schiff, I have been in other towns where in fact a beautiful terminal was something to be raved about. Now this City was just recently placed in a position where our city police were called upon to go in and help out a situation in Greyhound and this City just paid $.10,000 to settle a lawsuit because we went into help. I am not going into great details as asked by the Mayor. I hope Greyhound in building this new terminal will keep these thoughts in mind and in a year from now after this terminal is completed, I can sit here on this Commission and say that the Greyhound Bus Station that we have in Miami is an asset, not a liability. Do you read between the lines? Mr. Schiff: Yes Sir, loud and clear. Mayor Ferre: I am not worried about between the lines. I want him to read the lines. Mr. Schiff: May I say gentlemen that the design of this station has been 2 years in the planning and Mr. John Marion who has designed other.terminal facilities for Greyhound, has designed this and it will be a credit to the City of Miami. Mayor Ferre: Thats not the question now and thats not the concern. The concern is parking and access and egress. Mr. Schiff: Our client in its own best interest cannot allow itself to be in an area where its strangled. It's as simple as that. Mayor Ferre•; Your client has allowed itself to be strangled for the last 15 years. Mr. Schiff: Well what property could they have acquired around there? 90 JUL 2 6197 • Mayor Ferre: The one they acquired 5 years ago and have been holding for 5 or 6 years, so, I think, I want the record to be very clear as to this Commission's serious concern about this matter. I think from the consensus, I think you will get your vote but I want this record to reflect the very serious concern of this Commission on a serious matter and if this does come up again, I want the records to be clear so somebody can go back and look at it. Mr. Schiff: It's understood Mr. Mayor. 54, ALLOCATE ADDITIONAL SUM FROM CONTINGENT FUND FOR FINAL COMPENSATION TO THE CITY'S ARBITRATOR IN TRI-PARTITE ADVISORY ARBITRATION PROCEEDINGS Mr. Plummer: The information I had asked for Mr. Reese was the only thing we are shown here is an additional $3,000. I would like to know, what was the total cost Sir? Mr. Reese: $8,000 because you previously approved $5,000 where he worked on other contracts and this is $3,000 for the time he spent in the advisory arbitration. Mr. Plummer: Is this only for the Fire Department Mr. Reese? Mr. Reese: No. This talks about Advisory Arbitration Proceedings. This has already been held. Mayor Ferre: Is this the matter that Dr. Vatican was chairman of? Mr. Reese: Correct. The counsel is for the City of Miami. This is the Attorney. Mr. Plummer: This was between the City of Miami in reference to arbitration for what Sir? Mr. Reese: For the American Federation of State, County and Municipal Employees. Mayor Ferre: This is that report that we just got a few days ago from Mr. Reese's office with 12 items that they recommended, for example time and a half, that type of thing. Mr. Reese: It was for legal service to represent the City before the Arbitration Board. Mayor Ferre: Mr. Reese, I notice that Dr. Vatican and I thought I saw Gottman and Lee Taffel and other people that are very well known with the labor movement. Was that an all labor committee? Mr. Reese: No Sir, it was not. The City of Miami was represented by Wendall Bailey. One representative of the City. One representative of the Union and the fellow from the University was supposed to be neutral. Mayor Ferre: 5 members on the committee. Mr. Reese: Am I right on that? That's right. There were 3 members. 91 JUL 261973 Mayor Ferre stated he could recall 5 names. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-613 A RESOLUTION AMENDING RESOLUTION NO. 72-817 BY ALLOCATING AN ADDITIONAL SUM OF $3,000 FROM THE CONTINGENT FUND TO PROVIDE FOR ADDITIONAL AND FINAL COMPENSATION TO THE CITY'S ARBITRATOR IN THE TRI-PARTITE ADVISORY ARBITRATION PROCEEDINGS WITH LOCAL 654, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 55. AWARD BID - VI RG IN IA GROVE HIGHWAY IMPROVEMENT H-4358 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-614 A RESOLUTION AWARDING THE BID RECEIVED JULY 12, 1973 OF MARKS BROTHERS COMPANY (not incorporated) IN THE ESTIMATED AMOUNT OF $115,387.50 FOR THE CONSTRUCTION OF VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 IN VIRGINIA GROVE HIGHWAY IMPROVEMENT DISTRICT H-4358; ALLOCATING THE ADDITIONAL AMOUNT OF $75,543 FROM THE ACCOUNT ENTITLED "HIGHWAY IMPROVEMENT BOND FUNDS" AND $50,691 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 92 56, COMPLETION DATE OF IMPROVEMENTS ON SOUTH BAYSHORE DRIVE -DISCUSSION Mr. Plummer: I would like to ask the City Manager, what is the approximate proposed completion date of the improvements here in front of City Hall on Bayshore Drive? Mr. Grimm: They have a year contract. About this time next year we should be through. Mr. Plummer: Mr. Grimm, I hope you will keep in mind Sir, I know you are well aware but let's get it on the record, that this thing be handled in Euch a manner that it least inhibits the flow of traffic especially in those morning hours and those afternoon hours. I just want to get that on the record. I know its not you but tthe contractor. Mr. Grimm: We are going to get policemen there in the morning. Mr. Plummer: All right fine. 57, AWARD BID - SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316-C The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-615 A RESOLUTION ALLOCATING THE SUM OF $1,175,105.21 FROM THE SANITARY SEWER BOND FUND FOR THE CONST- RUCTION OF SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316-C (centerline sewer); ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION CORPORATION IN THE AMOUNT OF $1,049,201.09 SUBJECT TO THE CONCURRENCE OF THE ENVIRONMENTAL PROTECTION AGENCY; AND AUTH- ORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFORE AFTER RECEIPT OF AFORESAID CONCURRENCE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 33 JUL 261973 58, AWARD BID - BASEBALL BACKSTOPS FOR EDISON & WYNDWOOD PARKS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-616 A RESOLUTION AWARDING THE BID RECEIVED JULY 23, 1973 OF FENCE MASTERS INC., IN THE ESTIMATED AMOUNT OF $7,060 FOR THE EDISON AND WYNDWOOD PARKS - BASEBALL BACKSTOPS - 1973; ALLOCATING THE AMOUNT OF $7,907 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREA- TIONAL FACILITIES BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFORE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 59, AWARD BID - WYNDWOOD PARK COMMUNITY BUILDING ALTERATIONS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-617 A RESOLUTION AWARDING THE BID RECEIVED JULY 24, 1973 OF HENRY DEGRAFF $ SON IN THE ESTIMATED AMOUNT OF $144,300 FOR WYNDWOOD PARK COMMUNITY BUILDING ALTER- ATIONS - 1973; ALLOCATING THE AMOUNTS OF $110,000 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREAT- IONAL FACILITIES BOND FUND" AND $51,616 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS"; FURTHER PROVIDING THAT THE ADDITIONAL IMPROVE- MENTS INCLUDED UNDER THE PARKS AND RECREATIONAL FAC- ILITIES BOND ISSUE FOR WYNDWOOD PARK BE ACCOMPLISHED THROUGH CAPITAL IMPROVEMENT FUNDS, UNALLOCATED FUNDS AT A FUTURE DATE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFORE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 94 JUL 261973 60, AWARD BID - D.M,PLCQRPORATLON - CENTRAL DRAINAGE PROJECT E-29 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-618 A RESOLUTION AWARDING THE BID RECEIVED JULY 23,1973 OF D. M. P. CORPORATION IN THE ESTIMATED AMOUNT OF $323,219 FOR THE CONSTRUCTION OF CENTRAL DRAINAGE PROJECT E-29; ALLOCATING THE AMOUNT OF $362,005 FROM THE ACCOUNT ENTITLED " STORM SEWER BOND FUNDS "; AND AUTHORIZING THE CITY MANAqR TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file = in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None In the course of the foregoing resolution, the following discussion occurred: Mr Plummer: Mr. Mayor, I hate to interject this and Mr. Reese, I hate to do it on your last day but let me ask this question and I raise this point with all sincerity Mr. Mayor. Mr. Reese, I know you put this out for bid but I believe it was this particular corporation that did some work up there by my house and that for 4 days, I jumped up and down about. Those people just didn't do right by this City and I could be mistaken about the corporation but I am raising this question because if I as a Commissioner object to these people getting a contract, what position does that place the administration in? Mr. Reese: If you vote against it and there was a majority voting for it, it would still be awarded. Mr. Plummer: But no, what I am getting at Mr. Reese is, this Commission I believe has a standing resolution that we are compelled to take the low bidder. Mr. Reese: The lowest acceptable bid. The lowest bidder may not meet the qualifications or the specifications. Mr. Plummer: Mr. Grimm, do you happen to recall Sir, who did the job there at 17th Avenue and Dixie Highway? Mr. Grimm: You are right. It was the same contractor. It was not a contract however with Public Works. It was a contract with the Water Department for installation of the water main over to Fair Isle or Sailboat Key as its now called. Mr. Plummer: For 4 days, the people of my neighborhood were plagued with a street we couldn't travel on which is a main arterial and I called up for 4 days and complained that something should be done about it and the obvious attitude was, they didn't care. Now, I will tell you quite truthfully. I don't like doing business with people like that but I don't want to embarass the administration by putting them in a position of one Commissioner J. L. Plummer raising hell about it. Mayor Ferre: All right, let Maurice Ferre ask the question then. Who was the low bidder and what was his bid? Mr. Grimm: The low bidder in this particular job is the D.M.P. Corporation in the amount of $323,219. Mayor Ferre: Who was the second bidder? Mr. Grimm: The Second bidder was Marks Brothers Construction Co., on an alternate base bid of $331,144. Mayor Ferre: Now you have it. Mr. Plummer: Now Mr. Mayor, I am not for the City spending an additional $8,000 but I think it is only fair, before we award this contract to this corporation, that they come in and make certain commitments that they will comply with the rules and regulations as put forth by this City and express to them the bad situation that existed at 17th and Dixie Highway and we weren't happy with that. Mayor Ferre: You can either do that 2 ways. You can either move for deferment until next month or you can pass it with the condition that the City Manager bring these people in and have a nice chat with them. Mr. Plummer: Either way is acceptable to me but I think it should be done. Mr. Grimm: This really is my responsibility and I will assure the Commission that I will see that they do everything to comply with the specifications. Mayor Ferre: You had better let them know that they better do it this time, I don't care whether it was the Water Department or the City of Miami, you have a serious objection by a Commissioner of this City and I think with some cause because he lives there and witnessed this. Mr. Grimm: This is in the same line as what Mr. Plummer said about Bayshore Drive. It is my responsibility. 61, PARKING LOT LIGHTING - DESIGN STANDARDS & PARKING LOT REVIEW BOARD Mayor Ferro: There were 2 gentlemen here that wanted to speak on this item. The chair recognizes you Sir, your name and address for the Record. Mr. Simon: Herbert Lee Simon,;721 S. W. 27th Avenue, Miami, President of the Miami Board of Realtors, and with me I have Kenneth Rosen who is the past president. George Simon, no relation and George is the president of our governmental affairs committee. The 3 of us wanted to speak with you once again on this lighting ordinance. We have appeared before the Commission several times on it. We have also been, had meetings with the Manager's Office and with the Building Director's office. We were effective in making some alterations to the amendment to the ordinance in that it also originally encompassed single family residences, duplexes, triplexes etc. These were eliminated because of some of the meetings that we had. However, we feel still that the ordinance is unfair, unjust and unconstitutional. Now unfair and unjust because this puts the burden of so-called crime prevention which I understand is the purpose of the ordinance on the backs of the individual property owners. A relatively few property owners. The commercial and apartment buildings. We feel it is unconstitutional because it applies to existing buildings as well as new buildings. Now I would like to call to your attention that the reason this comes before you at this moment, is to make it comply with the South Florida Building Code. The County which adopts the South Florida Building Code and apparently is satisfied with their ordinance,in some ways is more restrictive in that it requires 2' candle where you are requiring 1 in certain areas. 96 The county's ordinance only applies to new construction. If the City ordinance was to also go along verbatim with the county ordinance, we would have no objection because when new construction is built, esp- ecially I am speaking of commercial and apartment buildings, you can prepare for this type of an ordinance. With existing construction, it actually costs more to install it, than new construction, you have to dig up asphalt paving, install additional power and all to comply with this lighting. .In addition, in commercial properties we often •have long term leases. Often, 5, 10, 20 years and there was no way that you could forsee this type of an ordinance coming up with additional expense to the property owner and as I said, we feel it is unconstit- utional. We would ask that you make the city ordinance to exactly comply or be parallel to the county ordinance so that it would only apply to new construction. Mr. Rosen will elaborate a little bit further as far as apartment buildings are concerned but the cost is prohibitive. I think if Miami weye lit up as this ordinance will require, we would look like one big crime area and I ask you to drive through the garment district where you do have the sodium vapor lights and I don't think that most Miamian's would appreciate the entire city appearing that way. Mr. Rosen: Kenneth Rosen, 3746 West Flagler Street, Miami. I am speaking in my capacity of the Miami Board of Realtors, a member of the governmental affairs committee, a realtor and a private property owner. On the metro ordinance, the requirement on new buildings, we consider to he a basically good ordinance but I want to point out that on the new buildings, the metro ordinance only requires that the lights be on from dusk until the close of business where the City of Miami ordinance requires the lights be on from dusk until dawn and that seems to be very unfair and inequitable and a tremendous waste of money to keep lights on all night long, from dusk until dawn, so if you want to make this ordinance comply, it should he from dusk until the close of business. Now to get onto the cost on existing buildings We have no objection to new buildings complying with the City of Miami Lighting Ordinance. We think it is a good ordinance as relates to new buildings but we think it's extremely unfair to require thousands of property owners to install lighting on 10, 15, 20, 30. 40, 50 year old buildings. This is going to cost millions and millions of dollars. We have some breakdowns on the cost from an electrical contractor. It will cost millions and millions of dollars and T ask this City Commission, who do you think will pay for it? It will not be the landlords that will really pay for it, it will be the tenants, the consumer that will pay for this lighting on these used buildings. It's an accepted fact that in realestate that when costs go up, you have short term leases, one year leases or no leases, those costs will be passed on to the consumer, to the tenants. I think rents are already high enough in the City of Miami and the tenants should not pay 'the millions of dollars that lighting is going to cost on used buildings. As we say, on new buildings,. Okay, the builder aan figure that in his cost but if you go to a 8-10-12 unit building and tell him it will cost $7,500 to rip up his lot and install new lighting and 75 to 150 per month on 10 units to run that lighting, that's an awful lot of money. He is going to pass it directly on to the tenant and the tenant can't afford it, Especially the minority tenants in the poor areas. There is a federal revenue sharing plan that I read about in the Miami Herald where millions of dollars is going to be passed to the City of Miami for better lighting. If we want better lighting, lets put in the sodium vapor lights that have proven to be extremely effective in the downtown crime areas. Let's put them in other crime areas. There are millions of dollars coming to the City for this purpose. It would be grossly unfair, unjust, I am not an attorney so will not talk about the constitutionality of this ordinance although I have spoken to a very good attorney this morning that he considers it to be unconstitutional to pass an ordinance that affects existing property. 97 JUL 2s 19 111 10 I don't think this is the way the City of Miami should operate. I think its unjust, unfair and inequitable and will cost the tenants a fortune of money. The only ones who will profit from this are the electrical contractors and the electrical suppliers because they will make millions because of this ordinance and those are the only people I can see in this area who will benefit from the lighting Ordinance will be the suppliers and the contractors so we respectfully submit that this City Commission re -consider this particular ordinance if you want to amend it to make it in accord with the county ordinance, we think that's a good idea because the County Ordinance with the exception of the 2' candle is fine. It doesn't include existing property #1 and the county ordinance doesn't require the lights on from dusk until dawn, only from dusk until the close of business, so we ask you to exempt existing properties. Rev. Gibson: If you were here earlier and heard us deliberate on the Parks, I am not saying we shouldn't begin where you said, but I just want you to know the kind of predicament you put us in. If you were here earlier and heard what those people said about the parks. They said we were just a little different from the County. I want to stamp indelibly upon you that they said, we the City were just a little different and they said it in no uncertain terms. Don't you fool around and turn loose those parks to the County. Now that's what they said. Maybe the reason we are saying what we are saying, is that our situation is a little different from the county's as to why we want the lights at a certain time, a certain dimensions and to run for a certain period. I just thought I better throw that in. Mr. Simon: I think you bring up a good point Commissioner. The City should have lighting. We are talking about the fact that existing property owners should not have the burdens put upon them to spend millions of dollars to do the job. We think you would be much better off putting in the sodium vapor lights in the high crime areas and in the medium crime areas where it would be effective. Rev. Gibson: I don't know what you call high crime areas or low crime areas but I tell you this. I live on the corner of William and Elizabeth and the sodium vapor lights are right there and I will tell you this. I am not complaining because at least T see all around me, all the while its dark. Mrs. Gordon: May I ask Father Gibson a question? Mr. Reese: Mr. Mayor - Mayor Ferro: Mrs. Gordon and then Mr. Reese. Mrs. Gordon: Since he says he lives in an area where the vapor lights are in effect and which he enjoys having them. Is there a dark spot around your house anywhere or is it nice an light all over? Rev. Gibson: No, that's the thing. Whenever in the night I get up, a parishioner called me at 4 o'clock this morning and I had to get up and I got up at 4 and I could see everything in front of me and behind me. Mrs. Gordon: Good. Mr. Simon: We could find none and I have asked the Police Chief, I have asked the Commissioners before, if there is any other city in the United States that has a similar ordinance. So far, I haven't received an affirmative answer. Now, other cities do, at least in the high -crime areas, light it, but this is the responsibility is by the City. You are trying to put the responsibility on the backs of relatively few private citizens. If you want to light it up with sodium vapor, if this is what you like in whatever areas that you deem necessary, and have these as special lighting districts or somehow put it on the taxpayers back but on everybody's back, for everybody that has the use of it. Not require individuals to light up their own parking lots and once again, I challenge you to tell me of any other city in the United States that has such an ordinance. It just is an unfair and unconstitutional ordinance. 98 I just want to respond to Father Gibson. Mayor Ferre: Mr. Reese do you want to - Mr. Reese; This is a public hearing for the purpose of discussing the amendment to the Parking Lot Ordinance and that amendment is to increase the number on the Review Board from 3 to 5. This is the purpose of this meeting. Also, to endeavor to bring this ordinance in conformance with parts of the South Florida Building Code. This ordinance for an example, covers parking lot or apartment houses where the South Florida Building Code does not cover. Now, I want the City Commission and everybody to understand that we are not asking in this ordinance anybody to light up any public right of way. This is being done through federal taxes that every property owner, every taxpayer in fact, not only the realtors but every taxpayer pays for, and the question of asking the Chief of Police or somebody else if this lightin' pattern has been used in any other place, there is a number of sources that such answer could be supplied and I don't think its through the Chief of Police. I want to point out that the Sodium Vapor Lights or intense lighting that has been going on in this City has had an effect on the.type of activities going on in the City. Reading the paper recently, here on 27th Aven;ie and the Grove area, there is a rapist that is kind and generous. I don't know what the paper means by this but this is the way it was reported and he carries a bag of instruments with him for his profession. It was in this morning's paper, read it. But, I contend that this man can't operate if those parking lots in that area is properly lighted. The most important thing is that we don't want people raped in this town and it can happen in dark parking lots which it has happened on a number of occasions as well as other places,dpo I don't think the merits of this ordinance is up for public hearing - Only the question that is before the Commission, to amend it. Previously, you had already adopted it. Mr. Rosen: I would like to reply to that. That's exactly why we are here today because if you are going to amend your ordinance, be con- sistent with the county ordinance and that was the reason given in the agenda on the report I read. It is necessary to amend the City of Miami ordinance because the South Florida Building Code has been changed and you want to make the City of Miami ordinance commensurate with that ORDINANCL. We say that the metro ordinance does not include existing buildings. Father Gibson gave an excellent example of sodium vapor lights doing a great deal of good for his home and the community but under this City of Miami Ordinance, if you owned an apartment building Father, you would have to put in the lights on your parking lot, on your private property, in addition to the sodium vapor lights and that is what we say is ridiculous. The problem doesn't lie in private property owners lighting up private parking lots. The problem lies in having more sodium vapor lights installed by the City in those areas where we have high crime or medium crime. There is plenty of apartment buildings that don't want any light in certain sections of the City, on all night long to look like the Orange Bowl. That's what this City will look like. It will look like the Orange Bowl if every single property is lit up all night long throughout thousands of acres of property in the City of Miami. Mayor Ferre: Ken, these are 2 separate items as I understand them. Mr. Reese: No,actually its an amendment to the ordinance to cover the two items but the Commission, I don't think can act in two separate items. It would have to be an amendment to the ordinance but Mr. Mayor, before you get to that point. The statement of explaining this action in the ordinance is quote: "It is necessary to amend the City's Parking Lot Lighting Ordinance to clarify and improve upon the existing ordinance thereby establishing clearer guidelines for the public when required to provide parking lot lighting". Now I will be darned if that goes into the ramifications that was just explained. 99 JUL 2 61973 I want to bring to the Commission's attention. It isn't too long ago that the largest city in the United States had all kinds of adverse publicity of the crime activities at 42nd Street and Broadway. The adverse publicity was to the extent that the Mayor of that city came to Miami to see the lights that we are using and today, they are following and requiring parking lots to be lit as well as 42nd Street and Broadway, to help alleviate their problem. Now, anybody that goes to New York, its there. Mr. Rosen: On the public parking lots, we have no objection. The public parking lots, the commercial parking lots have great exposure and there are hazards. What we are objecting to are the thousands of property owners, that under this ordinance will have to provide lighting on 40 and 50 year old buildings and this is what we are saying. Father Gibson and the City Manager have stated that sodium vapor lights is the answer to the problem. The answer to the problem is not to make the private property owners provide the lighting. In your case, it would be duplication if you owned an apartment building. Mr. Reese: No Sir, it isn't duplication. I say the answer is lighting the public right of way as well as the dark parking lots and the parking lots in private apartments are just as dark as the parking lots in a public lot if they are not lit. Mr. Rosen: How many rapes take place on the private parking lots of private apartment buildings and I don't think anybody knows those statistics. Throe are accidents take place on the Palmetto Expressway but you don't stop all cars from travelling on the Palmetto Expressway. Where you need lighting is on the public commercial parking lots and - in the areas where sodium vapor lights are needed and you are going to get millions of dollars according to the Miami Herald for the article I read, you were going to get millions of dollars for that very purpose from the federal government to solve this problem. Why put the monkey on the back of the private property owner who is going to pass the cost on to the tenant that can't afford it? Mr. Reese: Mr. Rosen, the article in the Miam;. Herald was the article stating that the City Administration recommended to the City Commission that an amount of money in excess of a million dollars be made available under the federal revenue sharing funds to put in the sodium vapor lights throughout the city of Miami. Now it didn't say we were going to get millions or trillions or anything else more. All that article was talking to and directing itself to was to the statements of what was recommended 6f how we should ,aspend our revenue sharing. There wasn't anything else said other than to expand the lighting in the City of Miami. Mr. Rosen: I think it was about 3 million if I remember what - Mayor Ferre: Mr. Rosen, I think this matter has been amply aired. I think the Commission is well aware and - Mrs. Gordon: Someone answer the question. The County has a parking lighting ordinance for parking lots. Does it refer to existing buildings or only to new ? Mr. Rosen: Only to new buildings and that's why we are hopeful today that if you amend your ordinance, you will make it the same as the county's. Mrs. Gordon: Another point. As I understand it, I don't think the County is planning sodium vapor lights as we are with some of our revenuesharing funds. It might be something for this Commission to consider that we conform to the requirements of Dade County in that we also that ask that all new construction have lighting in the parking lot and defer for a time, the requirements on the older buildings for another review. Lets look at it and see. Are we putting vapor lights in there or aren't we? If we are, Father Gibson -it lights up all around his place. 10U JUL 261973 Mayor Ferre: How did this ordinance? Wasn't there a public hearing - Mr. Reese: Mr. Mayor, that is the point I was just going to bring out. There were 2 public hearings on it. It was postponed 5 times. Mayor Ferre: And did this Commission take a position on it? Mr. Reese: This Commission eventually adopted it. Mayor Ferre: Was it a -:unanimous vote? Mr. Reese: This was on the agenda and it was postponed. Mayor Ferre: Was it a unanimous vote at the time? Mr. Reese: As I recall it was unanimous. Mayor Ferre: A public hearing at the time? 2 of them? Was this matter fully aired? Mr. Plummer: Yes Sir, we spent an awful lot of time on it. Mayor Ferre: I wasn't here then so I am asking the questions. Mrs. Gordon: I want to say that I believe it was stated at that time and that was that we would try it and see how it would go and then we would take another look at it if it wasn't working out. Mr. Plummer: Mr. Mayor, all of this conversation by Mr. Rosen and I have listened to very well. Mr. Mayor, the only thing that is before us and the only thing that we can act upon as an agenda item is increasing that Board from 3 to 5 members. If Mr. Rosen and the 2 Mr. Simon's would like to bring their thoughts back and have another public hearing, well then that's another day but today the only thing we cal vote on is that which is before us legally and that is to increase the Board from 3 to 5 members. Mr. Mayor, I so move. Mayor Ferre: There is a motion on the floor. Rev. Gibson: Second. Mr. Reese: Mr. Mayor, discussing the motion, I want to bring it to your attention that as we put in the intensive lights throughout the City, if that light is lighting up a parking lot where the foot candlepower meets the requirements, then that parking lot doesn't have to put any lights in, wherever the foot candlepower is met. So the main thrust is endeavoring to get the Appeal procedure set up so these appeals can come in, so they can be heard, so that we can make this ordinance a little more flexible than.it has been. Mayor Ferre: We have a motion and a second. Mr. Rosen: I don't read it the same way Mr. Plummer reads it at all. If I can read the english language it says providing for lighting above public and private parking lots located in commercial and residential zones. Mr. Plummer: This is the design standards you are referring to? Mr. Rosen: Yes. I mean you say its from 3 to 5 members. I read it completely different. Mr. Plummer: Wait a minute, I might stand corrected Sir. They aren't labled A$B. io1 JUL 261973 Mayor Ferre: Why don't we take them as separate items? Mr. Plummer: I stand corrected Mr. Mayor. Well let me go ahead and move that one. I don't think that's controversial. Mr. Reese, who are the 5 board members? Who are the 3 and who are the proposed? Mr. Reese: A representative on the Building Department. A representative of the Public Works. A representative that is not affiliated in any way with public works or public buildings or with the city. 2 more that will be appointed within the city government. An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 34 OF THE CODE OF THE CITY OF MIAMI PROVIDING FOR THE LIGHTING OR PUBLIC AND PRIVATE PARKING LOTS BY CREATING NEW SECTION 34-63 THERETO;,BY DELETING THE TITLE OF SECTION 34-63; "PARKING LOT APPEAL BOARD", AND SUBSTITUTING THEREFORE A NEW TITLE, "PARKING LOT REVIEW BOARD"; BY DELETING PARAGRAPH (a) OF SECTION 34-63 AND SUBSTITUTING A NEW'PARA- GRAPH (a) PROVIDING FOR AN INCREASE IN THE PARKING LOT REVIEW BOARD FROM THREE MEMBERS TO FIVE MEMBERS; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Reverend Gibson, adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8173 Mayor Ferre: Now on the other portion. Any discussion on it? Mr. Plummer: This is exactly the point he was making. He was making the point if I read this correctly, that other than C-3. Mr. Reese: Other than just that but the other part is trying to bring it in line with the part of the South Florida Building Code. Mr. Plummer: Let me ask you, where is the public hearing contained before Mr. Reese? Mr. Reese: The public hearing contained the entire ordinance. Mr. Plummer: All right Sir. Mrs. Gordon: And also that was before we had funds we could call on for sodium vapor lights. We didn't have that before, now we do. Mr. Reese: Mrs. Gordon, we already had sodium vapor lights in when this one came,up. Mrs. Gordon: Not all over the city. Mr. Reese: We don't have it all over the city yet. 102 Mrs. Gordon: Well we are talking about allocating funds for it city wide system that you recommended in your proposal.I know we didn't adopt it but - Mr. Reese: I know but that doesn't turn lights on. I hate to cause a severe financial hardship to many property owners just because we haven't got them in yet. We want them to get them in first and then if they don't have to use them afterwards, they can turn them off. We have caused people a tremendous amount of hardship. Mr. Reese: Mrs. Gordon, we have been very very kind and very very generous on this endeavoring to implement it. We have endeavored to wait to see the lighting program as it goes in and then administer this. Mrs. Gordon: Let's do that. Mr. Reese: This is the way it has been done, so the ordinance doesn't need to be thrown out on that basis or modified and the Board, we got an enormous number of appeals and anybody that is under appeal is not putting a light in. Mr. Rosen: Really, I know ':hat Mr. Reese is an honorable man but everybody is getting notices, put in the lights. They are going to every property owner right now. The inspectors are out. We know because we are in the realestate business. Thousands and thousands of people have got the notices but I wonder if the Commissioners know what the new burglarly ordinance of the County is that incorporates the amendments to the South Florida Building Code. Really I believe there was, that the whole purpose of this meeting today on this new design standard and the change on it and the section "B" was to make your ordinance comply with the South Florida Building Code Ordinance which is completely different than the City of Miami Ordinance. I have stated the 2 major differences. It does not include existing properties and on new properties, its 10 stalls or more. They don't even want the 4,5,6 unit building to comply with it on the new building because it too small a building to worry about that fancy lighting, its 10 stalls or more, and the lights under the county ordinance only have to be kept on from the close of business to dusk or vice versa. That's what I thought this City Commission was meeting on today. To amend your ordinance under this Section "B" to coincide with the county ordinance. There is one thing we don't like about the county ordinance and that is 2' candles instead of your 1' candle. If you go along with the county ordinance, it will require 2' candles on new buildings but we'll fight the county on that one. Mr. Reese: Mr. Mayor, in our original ordinance, we had 2' candles and representatives before the Realtor Board stood up here and argued and argued until the point was compromised and reduced it from 2' down to 1'. Now, you are getting another argument and I think the main thrust is: Are we going to proceed with this ordinance or are we going to abandon it? One or the other. Mr. Rcsen: I want it amended. Mayor Ferre: Now wait. Mr. Rosen, I think that we have amply aired this matter. We are repeating things now. In my opinion it is time for this Commission to take a stand one way or the other. The matter is very clear and I see it very clearly and I think the rest of this Commission does too. Now its up to this Commission to take a stand and the chair is now open for motions, one way or the other. Mrs. Gordon: We're taking a stand. We are just taking a stand to conform to the county's regulations in part. Mr. Rothstein: May I clarify this for you? Because of the way you passed the last portion, _ making from 3 to 5, you have to go on to pass the portion that deals with "B"C"D $ E" because that gives to the Board a greater ability to and a greater flexibility to allow waiver of the requirements under circumstances where there is another light in the area but I don't think that these gentlemen want to quarrel with that because it provides for a broader provision for 103 JUL 261973 • hearings & a broader ability to waive compliance. I think before you get to the question;of extending or not extending County or not City, you ought to get to that provision, because I think these gentlemen will agree to it because that allows relief to people who don't need it `where there is other adequate lighting. Mayor Ferre: Can we break it down to that specific point? Can we make a motion to that specific point? Rev. Gibson: I will offer a motion to deal with that portion that you just referred to Sir. Mr. Rothstein: Are you following me Mr. Clerk on the second page? "B", "C", "D" AND "E" is what they are now - Mr. Southern: I don't see anything like that. Mayor Ferre: It's in the memorandum. Would you deliver a copy of the memorandum so that he could - Mr. Rosen: I would like to see that memorandum too. I think we are entitled to see a copy of it. Mayor Ferre: That's what 1 am talking about, its in the book. We have a motion on that portion of it by Father,Gibson. Is there a second? The motion was to separate another portion of this as explained by the City Attorney which would clarify certain portions and improve the situation. Rev. Gibson: Where there is adequate lighting otherwise. Mr. Rothstein: Section 2 dealt with the Board and you passed number "A" of Section 2 of what is in your book. What I am saying is, I think you ought to deal with "B", "C", "D" & "E" Because the intent and affect of that is to give the Review Board more authority to waive compliance where appropriate circumstances are present. Then they can come back and quarrel with whether there should be lighting elsewhere - Mr. Plummer: Second. Mayor Ferre: There is a second. Is there further discussion? If not, call the roll. An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 34 OF THE CODE OF THE CITY OF MIAMI PROVIDING FOR THE LIGHTING OR PUBLIC AND PRIVATE PARKING LOTS BY CREATING A NEW SECTION 34-63 THERETO; BY DELETING PARAGRAPH (b) OF SECTION 34-63 ENTITLED "PARKING LOT REVIEW BOARD" AND SUBSTITUTING A NEW PARAGRAPH (b) AND ADDING PARAGRAPHS (c),(d) AND (e) SETTING GUIDELINES FOR ADMINISTRATIVE HEARINGS; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQ- UIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Reverend Gibson and seconded by Mr. Plummer for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Reverend Gibson, seconded by Mr. Plummer adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8174. 104 • Mr. Rothstein: In Section 1, which is what they are objecting to because it deals with requiring the lighting, changing the terminology, in effect, its almost the same thing, but its changing the terminology of something you have already passed and is in force and is active. Mayor Ferre: Changes the terminology and specifies what in its place? Mr. Hayes: Cliff Hayes, the Chairman= of the Board. We found in that particular section because of the wording, that you had excluded several occupations and uses of property such as a Masonic Lodge the way it was worded because it says if its adjunct to a commercial use, you must light if it's in the zone. We are sure that the intent was that regardless of where a Masonic Lodge or any kind of fraternal organization has a parking lot, that was intended to be lit also. This is merely to clear up that one section so that we can administer it. Mayor Ferre: Do you agree with that? Mr. Rosen: I'm not sure I know what he is talking about. Mr. Hayes: The section now reads "Public F Private Parking Lots located in commercial zones, except the C-3 zone, or public or private parking lots located in residential zones which are adjunct to a commercial use shall be provided with so and so" What we are deleting is the words "which are adjunct to a commercial use" Therefore, the balance of the ordinance applies to all types of occupations within a residential zone. Mr. Simon: Would you give the definition of a private parking lot? Mr. Hayes: The ordinance itself defines what a public and private parking lot is and I - Mr. Simon: This is what, I really don't want to belabor the point. You Commissioners have long agendas and you can't go into everything on the agenda obviously so I don't want to be repetitious. I know Mr. Reese has heard this 100 times but your definition of a private parking lot is any space where a car parks'. This is whether its paved or just grass, weeds whatever it is. This means that every churchyard, schoolyard, every one little lot space. As Ken Rosen pointed out, the county's ordinance at least says 10 spaces or more.in the front of a gas station where no one is at night, its just so all-inclusive that Mr. Rosen and I would like to offer to the Commissioners and the Staff, at our expense, the use of a Bus. We would like to go along with you and show you the places at night the ridiculousness of this ordinance because on Coral Flagler Street - Mayor Ferre: Yes we'll do that. Mrs. Gordon: Mr. Mayor, let's just defer this portion. Mayor Ferre: That portion doesn't speak to it. Mr. Hayes: Sir that has nothing to do with the ordinance. Mayor Ferre: No, what you are talking about now is something that is not up before this Commission today. Now, I for one am willing to commit myself and I think I can speak for all of this Commission. We'll go with you and we'll go and look at that and come back and discuss as separate items and put it on the agenda in September. Mr. Simon: You are talking about the entire ordinance now. Rev. Gibson: No no - Mr. Simon: Or as it relates to existing - Way, Mayor Ferre: As it relates to existing use in the private parking lots as you defined in the past hour here today. Mrs. Gordon: Then why don't we defer that one portion? Mayor Ferre: That portion isn't before us today. 105 JUL261973 Mrs. Gordon: I am talking about, on this sheet we have before us. Mayor Ferre: We still have a portion we haven't discussed which covers the Masonic Lodge. Can you define that for the Clerk? Mr. Hayes: Well that is Section 1 of the Ordinance you have in front of you. Its the one that has a paragraph that deletes the words "which are adjunct to commercial use" Mrs. Gordon: And that covers a multitude of sins. Mr. Hayes: It does. It, because without those words deleted, then you have - Mrs. Gordon: Lets defer this until September. Mayor Ferre: There is a motion for deferral of this particular item. This portion of it, is there: a second to that motion? Rev. Gibson: Second, I don't want you to let the church out in not pu;,cing some lights in those parking lots because people steal in those lots outside the church. We aren't any more exempt than anybody else. Mayor Ferre: We have a motion & second. Further discussion, call the roll? The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-619 A RESOLUTION DEFERRING CONSIDERATION OF SECTION (1) OF PROPOSED ORDINANCE FOR LIGHTING OF PUBLIC AND PRIVATE PARKING LOTS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None • 106 JUL 261973. 4111 62, CONDITIONAL USE - LOT 3, BLOCK 79N - MIAMI (B-41) The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-620 A RESOLUTION GRANTING A "CONDITIONAL USE" , as PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2 (8) (a), TO PERMIT PARKING LOT ON LOT 3, BLOCK 79N, MIAMI (B-41), LOCATED AT 160 N. E. 5TH STREET, SUBJECT TO A WALL ON THE EAST, SOUTH AND NORTH; WITH PLOT PLAN SUBJECT TO APPROVAL OF THE PLANNING DEPARTMENT; SUBJECT TO COMPLIANCE WITH LIGHTING REQUIREMENTS FOR PARKING LOTS AS SET OUT IN ORDINANCE NO. 8115; SITE ZONED C-3 (CENTRAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Rebosa, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None CITY 63, FLAGS IO FLY AT HALF=STAFF IN MEMORY OF CAPT IA N EDDIE RICKENBACKER Mr. Plummer: Mr. Mayor, it has been requested of us by Eastern Airlines that tomorrow, the funeral for Eddie Rickenbacker will be held in South Florida on Key Biscayne. Since he did so much for this particular area, it has been requested if possible that all City Flags fly at half-mast in honor of Eddie Rickenbacker and if its in order, I will offer such a motion. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-621 A RESOLUTION ORDERING ALL CITY OF MIAMI FLAGS TO BE FLOWN AT HALF STAFF ON FRIDAY, JULY 27, 1973 IN MEMORY OF THE LATE CAPTAIN EDDIE RICKENBACKER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Rebeso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 107 JUL 2619 1 64, PERSONAL APPEARANCE - MR. DAN EAUL RE: RESTAURANT ASSOCIATES Mayor Ferre: Mr. Paul, the chair recognizes you. Mr. Paul: Mr. Mayor, I have with me, Mr. Klepper who is the Vice - President and General Counsel for Restaurant Associates. I am here representing the Miami Dolphins and as you were advised in a memorandum from the City Attorney last week, we have settled our litigation and the City Attorney has signed a stipulation of settlement and approved it and we would like the Commission to approve and ratify what the City Attorney has done. Mayor Ferre: The chair recognizes Mr. Reese. Mr. Reese: Mr. Mayor, on this stipulation and Mr. Rothstein can't say I am practicing law now but if I understood correctly, Joe Robbie, South Florida Sports Corp., as general partner in behalf of the Miami Dolphins, was taking legal action against the City of Miami. That legal action was that the City of Miami acted illegally in extending the concession contract at the Orange Bowl for Restaurant Associates. Restaurant Associates enter as an interloper and when the agreement - but stipulation of settlement, I think this is right, ends up that the City of Miami, it has never been determined if the act was legal or illegal in extending this contract. This is still the question. It might have been resolved in a lower court, it was appealed to the Court of Appeals. Mayor Ferre: All right, Mr. Rothstein. Mr. Rothstein: This stipulation in effect is ari admission on the part of the Dolphins that the City of Miami did act lawfully and properly and that the City Manager and the City Commission did everything appropriately as they were supposed to. Mayor Ferro: We always had faith in that Mr. Rothstein. Mr. Reese: Well this doesn't say it though. There is nothing on the record that ever says that. Mayor Ferro: Will you stipulate to that Mr. Paul? Mr. Paul: Yes, we will stipulate that. Mayor Ferre: All right. Mr. Reese: Let's have a stipulated agreement then. Mr. Rothstein: Ok, we can prepare and I think Mr. Klepper and Mr. Paul both represent their clients, the other two parties in the lawsuit, that we shall enter onto the record of that case the additional stipulation that all parties agree that the City of Miami City Commission and the City Manager acted at all times in a lawful and proper manner. Mr. Paul: We will so stipulate. Mayor Ferre: Can we frame that? Mr. Reese: What does the City of Miami get for consideration in this? Mr. Rothstein: Now, so far as the stipulation is concerned, these two gentlemen can stipulate all they want as to an amendment to the original lease and the original lease being assigned from one to the other with Restaurant Associates still being responsible under the original lease for operation but so far as the City is concerned, annulity doesn't mean anything unless the provisions of the lease are complied with which require that a written assignment of the lease be presented to the City Commission and approved by the City Commission and I believe that the purpose of Mr. Paul being here and Mr. Klepper 108 JUL 2 61973 being here is to make such a presentation to the City Commission and as I understand the assignment, although I haven't seen it in writing, is that in effect, the Dolphins are assigned the lease, however the Restaurant Associates are still responsible to operate under the lease and both parties now are required to make the various reports to the City Commission as required by the lease. Am I correct in that? Mr. Paul: That's correct Mr. Rothstein. Instead of having one string to your bow, you now have two. You have the responsibility of the Dolphins as well as the Restaurant Associates. Mr.Reese: Mr. Mayor, it isn't a matter of having two people reporting but there are other provisions and conditions in that contract other than just the reporting. For an example, there is provisions in there that commodities to be sold in that Stadium have to meet certain standards and certain criteria. They have to be submitted for approval and the City Administration is responsible for administering this contract. Mrs. Gordon: The way I understand it, nothing is being changed as far as the terms of the original agreement except that a half -interest in the original agreement is being assigned to the Dolphins and that wouldn't change the original agreement as far as we are concerned. They are both liable to us. Mr. Klepper: Nothing is being changed but the same relationship between the City and us will continue. If the City has any complaints, the City will be dealing with us. Mrs. Gordon: Financially or otherwise. Mr. Klepper: That is correct. Mr. Reese: Haw binding are you to stay in there as the Manager? How binding is it on you? Mr. Klepper: I am as bound to the Dolphins as the Dolphins are to us. Mr. Reese: Are you still going to put up the advancement of the $150,000? Mr. Klepper: All the. obligations of the agreement are assumed by the Dolphins but that does not relieve us of the obligation. Mayor Ferre: That is very important. In other words, you remain - Mr. Reese's point is very valid and the point is that you remain and - Mr. Klepper: Our obligation continues as it always did. Mayor Ferre: And your obligation continues so now instead of having one obligation, we have two. Mr. Rothstein: That has to be - Mr. Klepper: As a matter of law but we are perfectly willing to have it out - Mayor Ferre: This is something that the City Attorney has to work out. Mrs. Gordon: Mr. Mayor, I would like to move this subject to the proper instruments being drawn and the approval of our Law Department. Mr. Rothstein: If you wait just a few minutes, we will put in the other paragraph. Mayor Ferre: We can't do that Mr. Rothstein. Mr. Rothstein: No, I mean, they can wait. Mayor Ferre: Then we can come back to it, that's fine. 5-MINUTE RECESS 109 JUL 2 61973 65. CLAIM SETTLEMENT - TANIA JIMENEZ The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-622 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO TANIA JIMENEZ, A MINOR, BY AND THROUGH HER MOTHER AND NEXT FRIEND, MARIA JIMENEZ, AND MARIA JIMENEZ, INDIVIDUALLY, THE SUM OF $3,000.00 PLUS TAXABLE COSTS IN THE AMOUNT OF $85.00 ,IN FULL AND COMPLETE SATISFACTION OF A JUDGMENT ENTERED IN THE CIRCUIT COURT, IN AND FOR DADE COUNTY, FLORIDA, IN FAVOR OF SAID PLAINTIFF AND AGAINST THE CITY OF MIAMI, FLORIDA (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre: NOES: None 66, ACCEPT PLAT -SOUTH BAYSHORE DRIVE SUBDIVISION-DiscussioN ONLY A gentleman appeared representing Ryder Systems, the entity that filed the plat and requested acceptance of the plat entitled South Baysiiore Drive Subdivision. It was approved by the Staff, the Planning Board and other necessary governmental agencies but stated technical objections were raised today by the City Attorney. He requested the plat be approved and the resolution be adopted subject to our fulfilling any requirements. of the City Attorney between now and September when the matter goes before the County Commission. Mr. Plummer: Maybe I am under a misconception. Mr. Triester, by virtue of you being involved, is this the building on the corner or is this where the old alliance building was? Mr. Triester: This is the property of the old alliance building. Mr. Plummer: I was confused. I thought it was your buildings on the corner. Mr. Ttiester: No, no Sir. Mrs. Gordon: Mr. Ferencik is here. Mayor Ferre: Mr. Ferencik? Go ahead Commissioner Gordon. Mrs. Gordon: Will you explain to us about these problem areas? Mr. Ferencik: Mrs. Gordon, I think you should let the City Attorney do this. This is a legal matter in reference to the plat. Mayor Ferre: Mr. Attorney, the chair recognizes you. 110 JUL 2 61973 Mr. Rothstein: There is a problem and as you noted, there is no resolution in your book approved by any of my staff or myself as required by the charter. The reason that this has not been approved is, while these gentlemen are here requesting the approval of a plat called the - SOUTH BAYSHORE DRIVE SUBDIVISION, in order to be able to have an approval of the plat, they have to have, all contiguous property. In order to have the contiguous property, they have done the following: They are apparently taking a piece of property from the Sailboat Bay Subdivision, attaching it to the middle of the South Bayshore Drive property to give them one piece and now going to give back a piece of property contiguous to Sailboat Bay property to become part of that subdivision because if they don't do that, Sailboat Bay would have to lose its certificate of occupancy because they need that middle as presently in their plat for their Floor Area Ratio. Their problem is that they came here for approval of this particular plat. I cannot authorize a resolution approving it at this point because before they can do that, they have to have a re -plat, an amended plat of Sailboat Bay Subdivision both according to the County Code and according to our own Section 11 of our Ordinance on Page 16 of the Zoning Code. Article IV which requires re -platted lots in all districts of the City, no tract or parcel shall be divided into two or more lots or tracts, however designated unless and until an amended plat has been recorded. Their problem is that they can't do what they want to do until they go through several other steps first and therefore, I can't approve the plat. Mr. Triester: What we would like to request is a conditional approval of the resolution conditioned upon our fulfilling all obligations imposed and conditions imposed by the City Attorney. Mr. Rothstein: There is no way that you can do that because one of the items that are required before they can proceed is that this Commission approve an amended plat of Sailboat Bay to give up a certain piece and take over another piece and or waive those requirements which you can't do until its an agenda item and its not on this agenda and you can't do till it goes back through the regular plat committee procedure and there is technically no alternative, so there is no way you can pass something conditioned on something else. There is no way. You can't tell me this is okay if we later okay something else. You are just going to have to go through the process and then come back with this one. Unfortunately you don't have anything to act on because neither my staff nor myself will approve a resolution approving this plat because of the circumstances which I have mentioned. Mr. Triester: The Ryder System that owned the property went through the staff, the engineering department of the City of Miami, the Planning Department, the Building Department and I think have had conversations with the legal department now for 3 months. It's been approved by the Plat Committee who are people that have been in the employ of the City for many years, know the rules and regulations, and here at the llth hour or the I2th hour_, when it is agendad for routine approval of accepting of a plat, that the City Attorney says you cannot do it. I think as a citizen and not as a lawyer that something is wrong. Either all the other approvals have been in error or the City Attorney wasn't represented at the Plat Committee approval or this new ruling is in error but in any event, I think it would be fair for the City Commission to approve it subject to the City Attorney re-evaluating these ideas. Now, with all respect to the City Attorney, Mr. Strickrude? who represents Ryder and Mr. Bob who represents myself are of the legal opinion that titerpretation is in error. Now if it is not in error, and I think then the approval today would not be counted and the City Attorney would be correct but if he finds tomorrow that he is in error, I would like to have this approved now. The penalty for us in not approving it now means that we waste the month of August and September. We then have to go after this to the County for approval and both of our attorneys have said that during the month of August, all these problems can be rectified and I might 111 JUL 2 61973 4 • also mention that Mr. Moore who is not an attorney, represents - Biscayne Engineering Company which has been in business since 1915 and if you go to their offic you will see pictures of the harbor of Miami when they had sailing schooners,prepared this plat and feels like it is in order and feels like there is no precedent for the position that we can't proceed now. Now I am not trying to say that we can but I would like the opportunity to legally decide it in the next few weeks and if it is true that the plat was properly prepared and the Planning Board acted properly and the Plat Committee acted properly, that we not be penalized and be held up and on the other hand if everybody acted improperly, then we will have to go through the procedures again, but I really think its unfair at this time to bring up new items which have already been approved in many cases. Mr. Rothstein: I may call to the Commission's attention that it is not the responsibility of Administration people in the City of Miami nor is it the responsibility of the City Attorney's Staff to advise people who want to act in conjunction with City Ordinances or County Codes as to how they are supposed to proceed legally. #1, With all due respect to Mr. Moore, Mr. Moore says that this is a good plat. I am sure it is a good plat. It's been approved by the Plat Committee. That is not his problem. Their problem is legally they can't get approval of a plat that is based on a subdividing of another plat without first having filed an amended plat. Our City Ordinance is so clear as to allow no, in any way, no thought of any other way. There is just no question about it and as to its being on the agenda. This is one of the problems we are faced with. If you will look at your agenda,`you will see it has 3 stars next to it. That means these gentlemen were requesting that it he put on. Our office said, we are not approving so you can't put it on from our point of view. They insisted they would like to come before the Commission because they felt they could clear up all the problems before the Comunission agenda came so its there with 2 asterisks. Now they can't clear up the problems as far as we are concerned because there is a law both City and County that is applicable and there is no way to do it. They were advised by our staff, certainly a week ago. Mr. Triester: The first knowledge of any of these objections that have been raised today was this afternoon. George from our firm has met on numerous occasions with representatives of the City including the City Attorneys Office. Mr. Plummer: Wait just a minute Sir. Would you repeat your last statement? Mr. Triester: Strickroot. Mr. Plummer: Did I understand you correctly to say that the first you were notified of this was when? Mr. Triester: This afternoon. Mr. Plummer: Now hold up. Now as I recall Mrs. Gordon raising these questions 2 weeks ago, part of the direction was that the owners be notified then. Am I incorrect Mr. Rothstein? Mr. Rothstein: I believe so, I couldn't Mrs. Gordon: May I clarify the statements that are being made? I had no knowledge of what is being spoken about now. I raised a different point. The point I raised was one with regard to the Interim Zoning application being applied to this property since this property had not yet begun to be built, I questioned whether or not it fell within the purview of that interim zoning and I questioned it because of the fact that there was a new plat being put on record, not knowing there was a flaw in the plat. I didn't know that until today. Unintelligible conversation - several persons speaking at once. Mr. Plummer: I remember the people were to he notified immediately, and that's why I am questioning why it wasn't. 112 • Rev. Gibson: But Mr. Mayor, didn't Mr. Ferencik tell us that there was already an existing building permit? Isn't that correct Sir? Mr. Rothstein: A foundation permit. Rev. Gibson: Right and I would like to put it all on the table and let us all speak to it. Isn't that correct? Speak to it Sir. Mr. Ferencik: That's right Canon Gibson. There was an existing permit on this site which existed since the memorandum I gave you - Mrs. Gordon: Tell us if this wasn't a permit that was issued on the original site? Not on a re -platted site or not on a large site or whatever? Mr. Ferencik: The original permit authorized the construction of a figures could give or take a little bit, a 7-story 200,000 sq.ft. office building. Mrs. Gordon: That is not what we are discussing today, are we? Mr. Ferencik: No Ma'am but the permits, the revised foundation permit that was, or site development permit that was issued with relation to, this building was issued prior to the effective date of the interim zoning ordinance. Mrs. Gordon: The original foundation permit was issued but it was not issued on this new size and shape of land. Mr. Ferencik: Yes Ma'am, it was issued on the condition that this re -platting be accomplished. Mrs. Gordon: Oh. to effect its in limbo. Mr. Ferencik: Well we have issued a site development permit and quite obviously and evidently, there is a big hole in the ground over there and that excavation really started before we issued this permit which was predicated on a previous permit we issued last September. Mrs. Gordon: Predicated on a plat that was not approved. Mr. Ferencik: Well now our site development permit was issued with the express understanding, Mr. Triester will bear this out, that we had this understanding, that we would not issue the final building permit unless and until, a revised plat or a re -plat of the property was approved through this Commission level. At that point the plat will be what you call a tentative plat and we would issue a permit at that time on the balance of the building. Mr. Rothstein: Mr. Mayor, with all due respect to Mr. Triester and his statements about their not knowing and they didn't know until this afternoon. On the 24th of July, 1973, which was 3 days ago, a letter from Mr. Fowler White and Mr. Turner of our office who has been handling this, under my guidance and direction but there have been a lot of handling meeting by meeting. They make a statement here and this is the key to all the things I have been saying about. A Waiver of a plat has already been approved by the City and County as to Goldberg's conveyance to Ryder. Now he says this in his letter 3 days ago because Mr. Turner under my direction, had raised that problem with them about the waiver of the plat that is required in order to have that deed go from Goldberg to them. Now they have based their assumption, they assume, Fowler White assumed that there was a waiver of plat from this letter but, and that's why it got on the agenda because they said there is a waiver of plat but there is no waiver of plat by the County or by the City so that's why I can't approve it. They knew about it. They were cognizant of it and they knew. 113 JUL 261973 • • Mayor Ferre: Look, I thought this matter was going to be a item. We have got to move on. Mr. Rothstein: I have told you that I haven't approved the and you can't act. Mayor Ferre: shorter resolution There is no way to act so you understand where we stand? Mr. Triester: As far as the waiver of plat is concerned, George from our firm is over at the county an hour ago to try to pick one up and bring it over . 67. RATIFYING THE STIPULATION OF SETTLEMENT- BOBBLE ET.AL v.THE CITY OF MIAMI ET.AT. RESTAURANT ASSOCIATES, MIAMI DOLPHINS ETC. Mr. Rothstein: We have added into the assignment and assumption agreement and we can pass this out to the Commission, one paragraph that says: 4A. The Assignor which is Restaurant Associates agrees that it shall continue all of its obligations under the aforesaid agreement and that this assignment in no way shall relieve it of any of its obligations in this agreement with the City of Miami. Then insofar as the stipulation, we have said the following: This document is an additional stipulation and agreement by and between the parties hereto, in addition to that stipulation dated July 10, 1973, heretofore filed in the above captioned cause. The plaintiffs, Joseph Robbie and South Florida Sports Corporation as general partners of and in behalf of the Miami Dolphins Ltd., a limited partnership and intervene Restaurant Associate Industries Inc., a Delaware Corporation stipulate and agree that the City Commission of the City of Miami and the City Manager of the City of Miami did at all times with which this lawsuit is concerned, and during all the acts and things which are set forth in the complaint, acted lawfully and properly in the Charter of the City of Miami and the laws of the State of Florida and the Constitution of the State of Florida. Signed by the attorney for - Mayor Ferre: Does that cover all the points mentioned? Mr. Rothstein: This covers all. Mayor Ferre: Mr. Reese, .have you seen a copy of this? Mr. Reese: No Sir. Mayor Ferre: Would you give a copy to Mr. Reese. Mr. Southern: The Clerk didn't get a copy either. Mrs. Gordon: If this is satisfactory, I will then move it as I said before. Mayor Ferre: Is there a second to the motion? Rev. Gibson: Second. Mayor Ferre: Further discussion? Mr. Reese? Call the roll please. 114 JUL 261973 Mr. Southern: Mr. City Attorney, is this the resolution that was passed out to us earlier? Mayor Ferre: No Sir, this is a substitute resolution. Mr. Southern: Well what I have here is an assignment and assumption agreement. Mr. Rothstein: The resolution is now okay because we have added to the, so its a substitute. Mayor Ferre: Its an addition to the first. Mr. Rothstein: What I just gave you should be attached to the resolution. Mr. Southern: Then we use the same resolution. Mr. Rothstein: Correct. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-623 A RESOLUTION RATIFYING THE STIPULATION OF SETTLE- MENT DATED JULY 10, 1973 IN ROBBIE ET AL v. CITY OF MIAMI, ET.AL, DIRECTING THE EXECUTION OF AMENDMENT NO. 1 TO THE LEASE BETWEEN RESTAURANT AND WALDORF ASSOCIATES, INC., AND THE CITY, AND CONSENTING TO THE ASSIGNMENT OF SUCH LEASE AS AMENDED TO MIAMI DOLPHINS LTD., ALL OF THE TERMS SET FORTH IN SUCH STIPULATION OF SETTLEMENT (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Mr. Paul with that discussionfor your information on the letter which you have written me regarding the question of beverage in th^ Orange Bowl, that is an administrative matter and is in Mr.Reese's hands and he will be writing you on the matter. 115 JUL 2 61973 l 1 68, ADVISORY ARBITRATION AWARD OF AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 654, AND THE CITY OF MIAMI: Mayor Ferre: State jour name for the record, please. Mr. Joseph H. Kaplan:M4y name is Joseph H. Kaplan, and I represent the union. I was under the impression after talking to Joel Lankin there would be another matter which would grow out of the subject which is on your agenda, and I understand this would be brought up so, --- Mayor Ferre: What are you referring to Joe?, Mr. Kaplan: The terms of the collective bargainii._,- agmt. that has been worked out or will be worked out or will be worked out at the completeion, I hope, of my appearance here today.. I'll give you a slight statement of the history of what this problem is all about. Last year, should I continue? Mayor Ferre: Yes, go right ahead. Mr. Kaplan:Last year, the City and the Unions entered into negotiations for a collective bargaining agreement to run from October 1 1972 to September 30, 1973. Sometime in December of 1972 an impasse was reached in bargaining between the City and the Union. Pursuant to the resolution which this City Commission passed last year, favoring advisory arbitration in the event there qas an impasse in collective bargaining negotiations, an arbitration of procedure was followed. A hearing was held approximately in the month of February of 1972. The City employed the services of an outside labor lawyer to represent the City and the impartial arbitrator was selected from the panel of the American Arbitration Association, Professor Vatican. Sometime in May, I believe May 23, 1973 Professor Vatican rendered his decision. Now that decision involved five impasse collective bargaining items. All the other items that had been negotiated between the parties had been agreed to. The only impasse items involved five, of the five, the Union lost one item, which involved the question of the payment of Union offices for performing business during City ticre.Of the other four,the arbitrator rendered a decision and made certain recom- «e�..:ations. Following May 23, Mr. Lankin and representatives of the Union and myself met in Mr. Lankin's office for the purpose of resolving those four items. It was my impression that we made an agreement, that is, the Union accepted the arbitrator's decision on the one item it lost. On the second item involving time and half the Union had lost two of the three items it had requested. For example, it requested that time and half --- Mayor Ferre: We are two and a half hours behind. I don't want to cut you short, --- Mr. Kaplan: I don't know how else to present it except to give you the history, Mayor. Mayor Ferre: Try to make it as short as you can. a brief history of what happened. Mr. Kaplan : We sat in negotiations and of the three time and half items. the Union lost two, retroactivity of time and half and time and a half for holiday pay. Mr. Lankin agreed with us that time and a half would be acceptable to him, understanding that this would have to go through administration and be approved by you. On the other items, prevailing benefits, there was some disagreement of language . On the item of check off, Mr. Lankin agreed with us NOTF- NO "Fe // 117 7/26/73 • in accordance with the provisions of the arbitrator's decision. On the fifth items involving reinstatement of the compensatory time bank which you had had in existence for some ten years, and you unilaterially cut off in December of 1972,-the arbitrators made some modifications of that and asked for reinstatement of it with certain modifications, Mr. Lankin and I disagreed. Mr. Lankin has given to me his language for the three items. One of the three items includes the fourth item, so actually there are four items.. We have prepared a contract, I have copies of it here for the City Commissioners, which include those four items in the language that we request. It appears that on the agenda for your consideration is the adoption of the arbitrator's decision. We would only ask at this time for consideration, --we are willing now at this point to accept Mr. Lankin's language on all of the items except the reinstatement of the comp -time bank. That's all, and if you give me five minutes to argue our position , if you accept my position, fine ---if you reject it fine, I'll accept Mr. Lankin's language. Because we have no place to go. I am under the impression that the terms of the arbitrator's award, with whatever modifications I can make with you today,is up for your consideration. By talking to Mr. Reese I am also of the impression Mr. Reese's office is not accepting what Mr. Lankin worked out. Mayor Ferre: Mr. Kaplan, let me ask you, --- Mr. Kaplan: Yes, sir. Mayor Ferre: You are a union attorney? Mr. Kaplan: Yes, sir. Mayor Ferre: You,I4m sure have handled matters on many occasions where the effectiveness of a person is in question beyond the 8 or 10 hours that he has been working, right? We have been working on this Commission since 9 otlock this morning. You can see sometimes our minds wander a little bit and we are not hearing every word you are saying. I am not saying in criticism of anybody here, but just recognition of a reality. Mr. Kaplan: Yes, sir I see that. Mayor Ferre: And I think that we had better come to quick grips with basic issues, --- Mr. Kaplan: I am all through with my presentation. Mayor Ferre: -and let Mr Reese say what he has to say, and see where we move from there. Mr. Kaplan; I am through with my presentation. The issue very simply is, when you accept the terms of the arbitrator's decision, with on the four points, and now an issue, with my representation we are willing to accept the language that your negotiator Mr. Lankin drafted, if you let me hopefully, try to get one item changed. That is it. Mayor Ferre: We are going to recognize Mr. Reese now and then I will recognize you for that one item. Go ahead Mr. Reese. Mr. Reese: Mr, Mayor and members of the Commission, this Commission has previously passed a resolution directing the administration or the City Manager to enter into negotiations 7/26/73 118 with the different organizations within the City of Miami employees. Mr. Lankin was Pssigned to this position, he is attached to my office and also Mr. Lankin has operated under the theme that he will endeavor to negotiate, and come back with recommendations, and Mr. Lankin in no way is obligated or can obligate the City any more than I can because when it comes to determination of obligating the City that rests with this City Commission, and this advisory arbitration procedure that was followed was done with the sole purpose of conforming to all the possible steps necessary in order to have it before this City Commission. At this particular moment, if I understand the Manager's position, he is obligated to make his recommendations to the City Commission, and my position cannot change because it was reviewed by an arbitration board any more than it can be changed in any other recommendation I would make to the City Commission. The number one issue remains to be resolved is the question concerning over -time. The attorney representing the City stated this in this manner concerning over -time. Does the City Manager's office recommmend to the City Commission to adopt the advisory award, in whole or in part, on in modification, is there money to fund the added cost. When will a new policy be effective) Number two, with reference to over -time and compensatory time adoption, although the award technically applies to only the number represented by AFSCME, the City may want to apply the benefits if adopted to all City employees. Any benefit you adopt, I like to bring to your attention, it has been the policy in the past that that benefit would apply to all city employees, so that question was raised, has been answered by previous policy. Indeed, theobligation for compensation for uniform like service in each grade, may require application across the board to all employees. Also to be considered is the fact that the Police have been holding back on proceeding to advisory arbitration, in support of their demand for time and a half,waiting for the issuance of an instant advisory board award and the City Commission's action thereof. I would like to point out the City Commission pertaining to over -time on time and a half. At the present time, in preparing the budget for 1973-74, estimating over -time, we are talking about a budget for over -time alone, at straight time in excess of $700,000. Everybody can arrive at conclusions pretty quickly of what it would cost for time- and a half. And to demonstrate why it is at $700,000. this year, last year we budgeted $440,000. for overtime and we ran out of overtime. In fact we ran out of it six weeks ago and we are endeavoring to try to limp along and do all kinds of activities and try to closeout the year without over -expending. I just want to bring it to the City Commission's attention that this a fundamental economic problem we are faced with and I don't see how this City at this time can economically afford or anticipate anybody to fund a budget that can reflect this type of monetary consideration for time and a half for the employees to benefit by this. I think I've heard all the arguments that has been brought forth from time to time pertaining to the funds and practice that is carried out by other political jurisdictions. I recognize those practices, I recognize the methods the other jurisdictions using for funding their budget, and other considerations. But we are endeavoring to make our dollar meet the needs of the City of Miami, and I can assure you the budget you are going to review for 1973 and 1974 has no place in it whatsoever to get any money that is going to come up with money representing an additional $400,000. Mayor Ferre: Mr. Reese, let me interrupt you in the interest of time. When is it we are going to be taking up budget hearings for the first time? 7/26/73 119 • Mr. Reese: The budget will submitted to you I hope no later than August 3. The first time you will take it up would be September 13 and at which time you would set all your hearing dates for the budget. Mayor Ferre: I think this is a matter of substance and importance, Mr. Kaplan, --- Mr. Kaplan: Mr. Mayor, if you let me interrupt you Sir, I am afraid Mr. Reese has'misled you. This involves the 72-73 Contract that this union began negotiating in the summer of 1972 and has not yet reached a solution on. This has nothing to do with the 1973-74 contract. Mayor Ferre: Excuse me Mr. Reese, obviously if we accept this, it sets a precedent for the 1973 budget which we are going to be taking up in September. There is nothing I think at this point that we are going to do on '72, at this point. I realize what you are telling me, that is eomething we are going to have to take up as we move along on this. If it is acceptable to this Commission and we accept it, it is going to greatly affect the budget hearings of September 13,---- Mr. Kaplan: But it is still your choice in the budget hearings to decide what you are going to do for '73'74. Mayor Ferre: It always has been.I understand. Mr. Kaplan: Yes, sir. But we are not talking about that. Mayor Ferre: And believe me, that's the way it is going to be at this Commission meeting in September 13. Mr. Kaplan: Mr. Mayor,we are not talking about that . Mayor Ferre: That's what I'm talking about. Mr. Kaplan: The decision of the arbitrator was, --- addressed it self, to the request of the union to have time and a half over time going back to 1972. The arbitrator rejected the union's request for retroactive overtime, and said on May 23, it is the impartial Chairman's opinion, the union proposal as modified above should be adopted retrospectively without undue delay. Now, that was May 23 and when Joel Lankin and I met, and the union met, we agreed, and it is in his typewriter, City's typewriter, we agreed that overtime provisions can go into effect on July 26, 1973 which just happens to be today. In other words, we are talking about an event that negotiated some two weeks ago to begin today. To defer this to September would mean, in my judgement, an unjust treatment of theemployees since the contract only runs to October 1st and we are only talking about that contract. Mayor Ferre: We are not talking about that contract and you know it as well as I do. We are talking about that contract and every other contract after that, and you know that well, so that's my pbint, and I go back to what the City Manager just told you as to the effect of the impact on the money. I am not saying I am against it. I haven't stated my position on this, but I think what the Manager is saying has to be taken into consideration by this Commission. Now if somebody wants to overrule that, the chair is open for any recommendation by the City Commission. Mr. Kaplan: Mr. Mayor, may I speak to you? Let me point out to you that it was this Commission,--- 120 7/26/73 • 1 Mayor Ferre: Mr. Kaplan, let me run the meeting now. I've asked to see if there are any members of the Commission who wish to be heard on this item at this time, anybody wart --- Mr. Plummer: Mr. Mayor, it is nice to say these things and know what we are doing here and I'll have to admit to you that I did not read the full report of the arbitrator, and I admit that. Mr. Mayor, you were not sitting here, and I don't know that any of you were sitting here when this thing first went into effect because I was, and the thing that is bothering me was, that we did not finalize the portion pertaining to them, and gave them an open-end so they could go to this advisory arbi- tration. Now, what do we accomplish Mr. Mayor because this is based on a '72 -'73, is that correct?, Mr. Kaplan: Yes, sir. Mr. Plummer: I understand that this definitely will have a bearing on the 73-74 but what I fail to see is this, how can we even sit down to start talking about the 73-74 until we have finalized the 72-73? Do you understand what I'm saying Sir, --- Mayor Ferre:I understand, Mr. Reese is going to answer you, -- Mr. Reese: I hope, Mr. Mayor that in my explanation, it was nice of the Attorney to cut in and tell you what I was talking about, but I pointed out that at the present time, over 6 weeks ago we ran out of every dollar we had budgeted for overtime, --over 6 weeks ago, which means in the 72-73 budget, that's what we are living in right now, how in the world can you consider, --- Mayor Ferre: Let me remind my fellow commissioners Mr. Plummer, that as I remember the Charter we cannot go into a deficit budget. Mr. Plummer: Mr. Mayor, I :understand all that, I under stand the point of Mr. Reese, and very simply Mr. Reese is saying that what they have suggested that we arbitrate over, we can't afford, Mr. Mayor, may I finish please, what I am saying is this, the facts of life are there, now Mr. Kaplan might not like the facts of life, but I say to him and I say to my fellow Commissioners that this decision has got to be reached before you go into the new budget, Sir. Now, if the facts of life are that the money is not there, and the Manager has told you, he is operating on a shoe string, that these are the facts of life. Now I would like to say this, Mr. Kaplan, Sir this Commission has always bent over backwards for the employees and sometimes been criticized too much so, andlspeak very recently of the raises that we gave to the employees. You have heard what the City Manager has said. No one has ever disputed that 82% of our budget goes for salary. Now, what I am saying is this, if you dispute the City Manager, that funds are not available is what he says, and you say they are, then I say to you Mr. Kaplan, it behooves you and who you represent to come before the Commission and show us where the Manager is wrong. Now, that is what I'm saying. But I also say Mr. Mayor, before you can ever enter into a contract that is to exist next year, how can you do it without clarifying and setting the example for last year. That is the only point I am raising? Mr. Kaplan: Mr. Plummer, in response to what you are saying let me say this, you were here last year when the subject of arbitration to resolve labor disputes between the City and Unions or employee groups arose. It was the unanimous endorsement of this 121 7/26/73 • • body to encourage both sides to resolve their conflicts with arbitration. Now, the Union spent thousands of dollars, the City spent thousands of dollars. The hearing lasted several days. The arbitrator's bill was several thousand dollars, in order to get the parties to the baragining table. The arbitrator rendered his report on May 23, I immediately wrote a letter to the City and asked to sit down and implement the arbitrated decision and didn't get to sit with the City until two weeks ago, and two weeks ago, sat with andeagreed with the time and a half for overtime for the employees. Mr. Lankin and I agreed to it, at no time was it ever said that the City could not afford to pay the time and a half. Mr. Reese's statement at this moment is the very first time that it has come to our attention. All I know is we did everything this City asked us to do, including sitting down to implement the arbitrator's decision. We still do not have a contract that we deadlcbeked with in 1972, for the City to take the position that these people should wait another day to get a contract after the arbitrator's decision came out in May, we think is unfair. We might point out one more thing, if in fact there is no more over -time money in the budget, then don't work employees overtime. It is that simple. If you don't have a dollar in the overtime budget, how you pay even straight time for over. All this decision called for was time and onehalf for overtime. If you accept Mr. Reese's statement that you don't have any money for overtime, then you are not going to be paying the first penny to anybody and although we sign a contract, the City won't pay anything, so the City won't suffer n any way. I accept the fact you've got no money in overtime budget, you don't work anybody overtime. I might add, --- Mr. Reese: Mr. Mayor, I don't think it is the prerogative of the Attorney representing these people to make such positive administrative statement without assuming the full responsibility as well as making these statements. And there are people working overtime, there are people who have agreed that they would work overtime on compensatory basis and they also agreed that they would take this compensatory leave within 90 days after Octdber 1, so they are going to be compensated by compensatory leave, but to say and use the word arbitration, and they arbitrate it, what they did, but it is only advisory, it isn't compulsory and it isn't binding, --- Mayor Ferre: I understand that Mr. Reese,-- and another Matter is very, very clear, Mr. Kaplan is an extremely able attorney and he argues very well, and I commend you for your strong presentation here today. I think the matter is very clear as far as this Commission is concerned, we understand whether or not it is compulsory or not, the matter is still pending before us, and I think what Mr. Kaplan said is accurate and it is matter, ---I understand what you are saying --it is a matter of faith. It is the first time this has been brought to your attention. It was not brought up during the arbitration procedures. We understand your point. We also understand Mr. Reese's point, that it is not binding and the basic fact that this point according to Mr. Reese, we have to take a face value as we always do. There are no funds available. We understand your point of how that has nothing to do with the F.hilosophy of what has been arbitrated and the final agreement, that Dr. Vatican came up with. Mr. Kaplan: So, Mr. Mayor, may I speak please. There is more than that involved. There is the good things of the City Commission involved. The City Commission told the parties to 7/26/73 • arbitrate their disputes. The parties arbitrated in February, a decision was rendered in May, your negotiator, Mr. Lankin and I agreed the overtime would begin effective July 26,1973,--- Mayor Ferre: That is a valid point Mr. Kaplan, --- Mr. Kaplan: --and we ask you merely to implement the agreement. Mayor Ferre: That is a valid point. Mr. Kaplan: If you expect the employees in this City represented by my client to go to the expense in the future to arbitrate a labor dispute, and have the City go to the expense of arbitrating, and be treated in this fashion, after an agreement was worked and was agreed to, it was made between all parties then you are asking for, I believe for the parties in the future in the event they reach a deadlock to use other methods except the intelligent and peaceful method of collective bargaining, and arbitration in the event of a dispute. There are law suits that can be filed. The school board has seen law suits. Mayor Ferre: Mr. Kaplan, you have made your point, it is a valid point. Now, you've said it before, this is repeating it and it is now almost 6:00 o'clock. Mr. Kaplan: I can't be responsible for the time Mr. Mayor. I am doing my best to present my position. Mayor Ferre: And can't either Mr Kaplan. So let's see if we can move ahead. Maybe the Commission might have thoughts about it, because I think we ought to bring it to a head and make the decision tonight. Is there anybody on the Commission that wants to make a resolution one way or the other? Mr. Plummer: I'd like to ask this question if I can, because I'm groping in the dark. Mr. Reese, you have heard the statements of Mr. Kaplan that if we do accept the time and a half feature that was arbitrated back aid forth, it is only a matter of policy if you don't implement it, it doesn't cost you anything. What are your thoughts on that_Sir? Mr. Reese: I don't agree with that, and I can't accept it. Mr. Kaplan:What I said is , if Mr. Reese said there is no money to pay overtime, then in fact he won't be working anybody to pay overtime, but if he is working somebody to pay overtime, the rate is simply half time more than he is paying now. If it is comp.time he is going to give the people, which means he has to pay it before the end of the year, or they can carry it over to next year, then your comp time it at additional half time. That's all it amounts to. Mr. Reese: This is not the way it was worked out with the people who are putting in the overtime. It is still straight comp. time for straight time work. Mr. Kaplan: Mr. Plummer, I think the important thing is that the argument of Mr. Reese, which was presented by Mr. Lankin and Mr. , to the arbitrator was rejected by the arbitra- tor. That same argument that you can't afford it, --- Mr. Plummer: ---let's you and I travel on the same pretense because I think Mr. Reese has made a very valid statement, that some reason you don't want to accept, and I can maybe understand it. 123 7/26/73 Mr. Lankin is only a designated representative of Mr. Reese, who in fact, Mr. Reese is a designated representative of this Commission. Mr. Kaplan: That's why I'm here. Mr. Plummer: Right. But let's go ur::er that pretense. Mr. Kaplan: Yes, sir. Mr. Plummer: What Mt. Lankin says to you is definitely --- has to be ratified by this Commission. Mr. Kaplan: I understand that. Mr. Plummer: Okay, so as long as we understand that pretense. Mr. Kaplan: Let me again make one additional point. We see the terrible difficulties the School Board is having with the C.T.A. and the American Federation of Teachers because they can't get together in an intelligent way. They can't agree over a bargaining table, they can't agree to arbitration and the case is ending up in the Florida Supreme Court. Now if that is the kind of litigation that must inevitibly result from collective bargaining negotiations with the City, I am all prepared for it. I am .a lawyer and get paid for what I do, but I am urging this City Commission to accept the principles that you adopted last year to allow the parties to resolve their difficulties and the parties to resolve their difficulties over the arbitration table is the way to do it, and you don't wait until the llth hour when his associate, his employee, the man who works under him agrees to July 26 for overtime and he comes in when I present it to you for approval, and says he can't afford it for the very first time we hear that, ---that's nonsense. Mr. Ferre has engaged in collective bargaining negotiations in the past. In the private sector this would be a clear unfair labor practice. I can't understand anybody doing this. We didn't hear Mr. Lankin say it, we didn't hear Mr. say it. We hear it at the last minute. That's nonsense. How could I refute it except that while I am standing here on my feet to try to think of some argument from the top of my head. The important thing is, if in fact there's no money, don't work employees overtime. But accept the principle of time and a half, which was adopted' by the arbitrator. That's all I'm asking you to do. Once you do that then you have accepted a)1 of the terms and conditions of a collective bargaining agreement.and we could sign it. There are more conditions to that agreement than overtime, but we don't have a contract, because we've been waiting in good faith for the arbitrator's decision and then we waited in good faith to meet with Mr. Lankin, and now we are waiting in good faith for you people to act. Mayor Ferre: We are, (inaudible remark) no we are not at an impasse. The matter is very clear,. It is a matter of making a decision now, I think this Commission has heard enough. I think it is a very clearly stated difference of opinion and I think this Commission now has to take a position of policy as to what it is going to do, with a full understanding that this is going to affect the millage rate when we come to a decision on the millage rate this next September. Mr. Kaplan: No, Mr. Mayor, I disagree with you. 7/26/73 124 Mayor Ferre: You may disagree, --- Mr. Kaplan: You are free to negotiate it or not to negotiate. If you negotiate it, fine, if you don't fine. We are talking about the '72-73 contract. Mayor Ferre: I am not knocking what you are saying, and that's fine, and I'm going to tell you something. I think as a matter of principle, that what you stated is correct. I think that this Commission would be dead wrong in telling the administration to go to arbitration, compulsory or not, and go to the procedure of arbitration and having the arbitrator come back with a basic document and for us to turn around without getting previous notice, and say that we don't have any money. I don't agree with that. Now, that doesn't negate the reality of the situation. The reality of the situation is that Mr. Reese has clearly stated that we don't have any money. Now, the other reality of the situation is whether you want to accept it or nct , is what we are talking about right now, is what the taxpayers of this City are going to pay in this coming budget and the reality of the millage that we have to vote on. That's what we are talking about. Mr. Kaplan: And I am saying, if you don't have the money to work employees overtime at tima and a half, don't work them overtime. It is that simple. Mayor Ferre: I've been through this before. I sat through this one three tines. It's a different circumstance. I sat through this one before in three budget hearings, and it's putting it down in its simplest formula, to its simplest terms, we are now talking about the rights of the employees, which I am not in any way questioning, for instance what the millage is going to be this coming year. Mr. Plummer: Mr. Kaplan, let me ask you this sir, --- Mayor Ferre: Am I stating it wrong Mt Reese? Mr. Reese: Yes, Mr. Mayor, but it isn't a matter that's ---- it is a matter of reality and at the time these people went into arbitration, there was no way to project the financial situation that we have right now. We just concluded working and closing the budget last evening and at which time we then realized what the shape of the City is. Mr. Kaplan: Mr. Mayor, this City and the Union entered into the agreement to pay an arbitrator. This City paid $1,772.00 for an arbitrator's decision. Is it the intention of the City to tear -up the arbitrator's award. The arbitrator said that this arbitration decision is recommended for implementation without undue delay. On May 23 I wrote to try to get us to do something, I would have been here earlier than that, except we only agreed two weeks ago, Joe Lankin and the Union, nowhere was there any statement made about not beirg, if they didn't have the money why didn't they say that before? Let's assume there is no money, there's a solution to it, and I don't agree there's no money,but I have no proof of it, except that was the same position Mr. Reese made when he went to arbitration. He said there was no money, yet there was money to give the employees a wage increase in the Yarger Study. Mr. Reese has the opportunity to find all kinds of money when he wants to. Mr. Reese was opposed to arbitration to state with, but it was the will of this City Commission in an intelligent and progressive way to encourage both sides, to spend the money and go to the time and effort, sweat and blood to go through arbitration. We did it and now we are here before you, we are not asking for the 125 7/26/63 whole hog.• We didn't get the whole hog in arbitration. We are asking you to implement it, before the contract runs out. Mayor Ferre: All right Mr. Reboso. Mr. Reboso: Mr. Mayor, I think we made certain promises to these people last year and we have to come with a solution, I think. Mayor Ferre: The chair is ready to accept a motion. Mr. Plummer: I am not making a motion because I readily admitted to you before sir that I did not go into this study in great depth. Mr. Kaplan, before you scream 'No' I would like you to consider this,sir. 1 would like to be afforded the opportunity of sitting down and studying this report in depth which I admit to you sir I have not done. Mayor Ferre: You only got that one yesterday? Mr. Plummer: We got it before that. I got it Friday. Mr. Kaplan: Did Mr. Reese mail it to you? Mr. Plummer: Yes, sir. Mr. Kaplan: He had it May 23rd. Mr. Reese: Mr. Kaplan, am I on trial here? for your benefit? Mr, Kaplan: You are making statements like a witness, you ought to be ,--- Mr. Reese: I am making statements like a witness ,---- Mr. Kaplan: ---you say the City can't afford it, -- Mr. Reese: I don't know what you are making statements like. Mayor Ferre: Wait a moment Mr. Reese, --go ahead, go ahead Mr. Reese, Mr. Plummer: I was talking, Mayor Ferre: I recognize you, ----- Mr. Plummer: ---is there any harm, sir, of afford the members of this Commission the opportunity during our vacation time which if in fact we agree with the arbitration, we can make it retro- active back to the 26th of July, but giving this Commission the opportunity to sit down and study this report and try to realize all of the ramifications. I realize you don't like delays, and neither do I, sir, but I remember sitting here making certain statements a year ago, and I am willing to live up to those statements if it is any way humanly possible, but I am saying that I feel that all the members of this Commission should have the opportunity to sit down and digest this report in depth. There is nothing to preclude that if we agree with the arbitration we can't make it retroactive back to the 26th. I am saying to you sir in so many words, can't we defer this until the 13th of September? Mayor Ferre: You can do anything you want. You're the Commissioner. 7/26/73 126 Mr. Plummer: I understand that Mr. Mayor but as you and Father Gibson has always said, let's try to get the best of two worlds. Now, you want to digest that for a half a second, -- Mayor Ferre: No, that was your confusing me with Steve Clark. Mr. Plummer: No, Steve Clark says everybody wants to go to Heaven but nobody wants to die. Mayor Ferre: That's right, that's a good one too. Mr. Reboso: If you offer a motion I second it. Mr. Plummer; I would like to hear his response. Mr. Kaplan: What am I going to say Mr. Mayor? Mayor Ferre: Let me tell you something, (inaudible) Mr. Kaplan: Well, I don't hear from you Canon,if you know how I feel you know I am absolutely incensed. My client which doesn't have a heck of a lot money, spent a lot of money on this arbitration, and the City spent a lot of money. Rev. Gibson: Joe, you know what I've discovered, you may have spent, and spent and spent, --you'd better listen to J.L. I am just saying out of good P.R. and understanding for all of us, why don't you listen to him? You know I know, --- Joe, listen to him. Mr. Kaplan; Obviously I have no power to say anything hoping to convince the City of the good faith of the Union. The continuous good faith of the Union, the additional good faith of the Union, maybe this time we will get a contract effective back to July 26. We have been waiting since October of last year, ---you think you could do one thing for us, could you specify on the calendar, and hour or specific time, -- Mayor Ferre: We can't do that, but we can specify the day, and I'll specify the morning so that you don't get us the way we are now. Mr. Kaplan: Could we have some gentlemen and ladies agreement that, I could, because I'm long-winded, to give me an hour so I can explain my position, -- Mayor Ferre: Okay, in the morning, you can't use the word lady anymore. Mr. Kaplan: How about an earlier date then, -- Rev. Gibson: No, no, you'd better take the 13th Mr. Kaplan: No, 1 meant an earlier date, --- Mayor Ferre: No, we won't be back, Mr. Kaplan: May I ask you to do one more thing, can I have some interim financial data which Mr. Reese has studied to show the City can't afford it? Can get it, because we've got an economist on our payroll.We would like to study it. Mr. Reese: All the records that I worked from, all financial information, is public information. 127 7/26/23 Mr. Kaplan: I would like to work from the same records you worked from. Can I get copies of the records. Mr. Reese: We don't have double books. You can work from the same information as I worked from. Mr. Kaplan: I'd like to know what records he worked from. Mayor Ferre: Let's not get into an argument as to what Mr. Reese works from. Mr. Reese says the books of the City of Miami. are open to the citizens, anytime you want to come and see' them you are welcome, is that right Mr. Reese? Mr. Reese: Positively. Mayor Ferre: We have a motion on the floor,made by who? Rev. Gibson: I'll make the motion, that the item be deferred until September 13th, and that morning ---- Mr. Kaplan: With an understanding that in the event this contract is acceptable after reading it, that this can be retroactive to today. Mayor Ferre: There is a motion, and a second, is there further discussion on this item? Thereupon the following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO.73-624 A RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT ENTITLED ADVISORY ARBITRATION AWARD OF AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 654, AND THE CITY OF MIAMI, AND DEFERRING ANY CONSIDERATION OF ITS RECOMMENDATIONS TO SEPTEMBER 13, 1973, WITH THE UNDERSTANDING THAT IF THE COMMISSION DECIDES TO ACCEPT THE RECOMMENDATIONS ON SEPTEMBER 13, 1973, IMPLEMENTATION OF SAID RECOMMENDATION WOULD BE RETROACTIVE TO JULY 26, 1973. (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs.Gordon, Reverend Gibson and Mayor Ferre. Noes;None. Mr. Plummer: And I would like to ask of the adminstration that they furnish to us in writing their position and their position as relates to finances for our consideration together with an in-depth study of the report. Mayor Ferre: I think that is a valid statement Mr Reese. Rev. Gibson: Make the same record available to the Counsel for their, --- Mayor Ferre: All right, thank you very much for your patience and we will see you September 13. Rev. Gibson: Thank you for your understanding. 128 7/26/73 • 69, PETITION FROM CITY EMPLOYEES REGARDING RECREATION DEPARTMENT Mr. Joseph Kaplan: I understand that all of you people have been furnished with a petition from your City of Miami employees regarding the Recreation Department. Rev. Gibson: Don't lets take that up Joe, we - Mayor Ferre: I haven't received such a petition, have you? Mr. Plummer: Neither have I. Mr. Kaplan: Okay. Mayor Ferre: I have not received any written petition from the employees of the Recreation Department. Mr. Plummer: Wait a minute, seems like I saw something on my desk. Remind me of what it said and I will tell you whether or not I got it. Mayor Ferre: Who was the letter addressed to? Mr. Kaplan: The City of Miami Commission. Mrs. Gordon: I recall. Mayor Ferrc": The City of Miami Commission. Have you got a copy of it` Mr. Kaplan: I have the original. Mayor Ferre: Let me see it. Mrs. Gordon: We can take that up at the same time on the 13th. Mr. Kaplan: Yes except the examination is scheduled for August. Mr. Mill: These were those positions that Yarger allocated for the position of Recreation Leader III. Mayor Ferre: This was passed on to you Mr. Reese. I think I remember this now. Mrs. Gordon: May I speak to it Mr. Mayor? Mr. Reese: I don't think it was a petition that was passed on to me. I think it was a previous memorandum. I think that the representative of the Civil Service Commission has been sitting down with these people trying to reconcile that. Mrs. Gordon: As I understand it, its a ridiculous situation. The Yarger Report recommended a certain classification for certain groups of recreational employees and they were placed in that position. Some time subsequent to that, they were demoted or they were also told in order to be eligible for the classification that they were placed in by the Yarger Report, they would have to take an examination. It seems to me that might be an unfair requirement for persons having served in a position for a number of years and having qualified by virtue of experience for the position and having been recognized as being qualified for that position in the Yarger Report to now say to them, you must take a written examination. It seems to me to be an unfair request and this is the point, as I understand it. Am I correct? Mr. Kaplan: Yes Mrs. Gordon, exactly I Jmight point out that the Commission adopted in principle, the Yarger report and now somebody is trying to change the Yarger Report. Mr. Reese: The City Commission adopted the Yarger Report and any changes that were made or any modifications whatsoever pertaining to classification was turned over to the Civil Service Board where it's properly and according to the Charter and the Ordinances of the City of Miami, they are to recon cile these. That is why I turned this request over to the Civil Service Board to sit down with these people and endeavor to work it out because they are the ones- 129 JUL 26197 • • Mrs. Gordon: Now Mr. Reese - Mr. Reese: Now, may I finish please? Mayor Ferre: Mr. Reese is recognized. I haven't recognized anybody else. I'm going to rule anybody out of order who speaks out. Mr. Reese: I don't know of anybody else in this City who has got the authority to reconcile this differential because the City Commission I know doesn't have the authority and the Administration doesn't have the authority. It is solely with the Civil Service Board. Mr. Kaplan: Mr. Mayor, what happened was after we presented it to the City Commission with an attempt to get the administration to keep the principle of adopting the Yarger Report, we went to the Civil Service Commission, had 2 meetings with them and deadlocked. They refused to accept the justice of our cause as expressed by Mrs. Gordon. We are now before you to ask you to reconsider the action of the Civil Service Commission as a matter of view. We have no other place to go except to a Court. The examination is being scheduled for the first week of August. Mr. Plummer: Mr. Kaplan. If I am not mistaken, unless the Civil Service Board proposes a rule change to us, no one can appeal a Civil Service Board decision to this Commission. I could be wrong. I think that the only avenue or vehicle of appealing Civil Service decisions are through the Courts. Now that's in the Charter. Mr. Lloyd, am I right or wrong? Mr. Paulk, you answer it. You heard my question Sir. Am I right or wrong? Mr.Robert Paulk: Yes Mr. Plummer, you are absolutely correct insofar as the classification is concerned. Mr. Plummer: Mr. Kaplan, 1 don't know how you can come before this Commission Sir, and ask us to break a rule and that rule existing unless I'm wrong is that an appeal can only be taken from Civil Service through the Courts. Mr. Kaplan: We are asking you to make sure that the actual adoption of the Yarger study which you made in March is in fact implemented by the Civil Service Board. They are changing the Yarger Report in the way that Mrs. Gordon expressed it. The Yarger Report recommended the advancement and reclassification of certain people. You adopted it. Now the Civil Service Board in the only instance in the entire record of the Yarger Report, in the Recreational Department do we find this happening. They have required an examination to be set up to prove that these people should hold the job they are getting as recommended by the Yarger Study. Mr. Plummer: Are you inferring Mr. Kaplan in any way that the action of this Commission in reference to the Yarger Report adopted by this Commission is not being implemented as we set forth by the Civil Service Board? Mr. Kaplan: I am saying just as clearly as I can that the Yarger Study is being changed 100% by the Civil Service Board in regards to some 18 people who were recommended for reclassification. Mayor Ferre: 1{e has been saying that for the last 15 minutes. Mr. Plummer: Well Mr. Kaplan, Sir, if what you are saying is true, I would suggest to my fellow Commissioners that you make specifics, that you sit down and put them in writing where these 100% changes are taking place and then we can act on that. Mayor Ferre: You got that? Mr. Kaplan: Yes Sir, except for one thing. The examination which they are now requiring these people to take is scheduled for August 3rd. Mrs. Gordon: That's the point J. L. Mr. Plummer: There is nothing to preclude this Commission from throwing that examination out. 130 JUL 261973 If they are not following the policy which we are to set, then they aren't doing what they are supposed to do. That's very simple. Now if Mr. Kaplan is wrong, then its a mute question but if in fact he is right and they are not doing what we told them to do, then we have got I think the prerogative to set the thing straight. Mrs. Gordon: J. L., I recall when we accepted this report that we did say, we are accepting it, and we did it in rather a hasty fashion because there was a certain limitation of time involved with the transferring of a department and we did not have an opportunity to examine closely, each and every aspect of it or we may not have worked so fast. Mayor Ferre: I am going to rule Mrs. Gordon that in the next 5 minutes we are going to get off this !iubject and get to something else so what ever you are going to do, you have 5 minutes to do it in, otherwise I am going to do it. Mr. Paulk: Mr. Mayor, I wouldn't be doing the proper thing if I didn't defend the action of the Civil Service Board because a large part of it had to do with my action. The Yarger Report was adopted by the Commission on March 8 in principle. In principle, nothing has been changed insofar as the Yarger Report is concerned. Many classifications were upgraded, some downgraded, salary structure was adopted by this Commission and the salary structure has been implemented by the City Manager under the implementation as set forth under the City Manager. Insofar as the classifications are concerned. Various people occupied various classifications which some were changed. In the Parks Department, there was a brand new classification at a supervisory level that was established. There were approximately 40 some odd people in the next lower classification which could very well been considered in some way by Yarger to compete or to be placed in that position. Now in the broad spectrum of implementing the classification plan Yarger submitted, people qualified for a given classification depending upon Civil Service Rules and Rule 8, Section 8, Subsection A, B, or C which is applied to make that determination. Anyone under Section "A" of that particular rule who has occupied that particular position for 4 years is entitled to the position without benefit of examination. Under "B", if they have been there for 2 years, they are entitled to qualify by taking a qualifying examination. Under "C", if they haven't been there for 2 years, then the position is to be filled from the register. Now there are many different positions that were reallocated to a different classification which have not been changed as yet because the incumbent would he out of a job if we did. There was an exception made with regard to the 18 Recreation Leader III positions. Since we could not, in Civil Service Office reconcile the reason why certain people of the 40 some odd people who occupy Recreation Leader II positions or the old Recreation Supervisor or Playground Supervisor position, what was the rationale insofar as selecting these 18 as compared to 22 or 25 others? We didn't know. We didn't know whether Yarger had interviewed each one of them or all of them - Mayor Ferre: I am going to have to interrupt you and you will have to forgive me because this is getting to be a very technically involved and complicated matter and Mrs Gordon, now I am going to tell you what the chair is going to rule at this point. I am going to ask that you submit a memorandum specifically stating what cases of the 18 cases that you are talking about and I want you to get a copy of it and I want you to respond to it. Now I know Commissioner Plummer is going on vacation but with his permission, if we need to call a special meeting for that specific item in another week or two - Mrs. Gordon: I'll be out of town Mr. Mayor. 130 A JUL 26197 i Mayor Ferre: Are you going to be out of town? Mrs. Gordon: Yes Sir, a couple weeks at least. Mayor Ferre: When are you leaving? Mrs. Gordon: Middle of August. Mayor Ferre: Well - Mrs. Gordon: May I make a recommendation? Why not just defer the examination from being held in August until sometime later on until this matter can be resolved? Mayor Ferre: That's a good recommendation. Mr. Paulk: It could be done, without a doubt. Mayor Ferre: Would you do that? And then we will take this matter up on September 13th along with the other one if you will defer the examination until that time. Mr. Paulk: Let me say, I would have to cancel it. Cancel the examination and reschedule it. I don't think that's the proper thing to do however. Mayor Ferre: Well the thing is if we are going to hear this thing, I would have to hear you for another half hour and you know he will talk another half hour and its already 6:20. We have all these people waiting on a whole bunch of items. I tell you right now, we are not going to be here tonite Mrs. Reese until after 9 o'clock and your poor husband, this is his last day here and we are putting him through the torture. I think enough is enough so the chair rules that this item will be heard on September 13th. Mrs. Gordon: Do we need a motion to defer this examination? To make if official. Mayor Ferre: I don t think so. Mr. Paulk: Let me say this. I don't believe that the Commission can direct that an examination be cancelled. Mayor Ferre: Mrs. Gordon: Mayor Ferre: No of course not. No, we are asking you. If you can fine, if you can't- Mr.Paulk: At this point, I will convey to the Civil Service Board who meets next Tuesday, the request of this Commission with regard to this matter and if they agree that this examination be cancelled, I will then cancel the examination. Mr. Kaplan: On the other hand its within the power of the City Commission to say that there were 18 people recommended by Yarger for a promotion with a pay increase without an examination. They are supposed to implement the wishes of the Commission. Mayor Ferre: Well why don't you examine those 18 people and then that point will be mute depending on what happens on September 13th? Mr. Kaplan: I don't follow you sir. Mayor Ferre: Well the controversy is to whether or not those people are going to he examined or not. Mr. Kaplan: Should take the exam or should get the promotion. Mayor Ferre: The question is let them take the exam even though they may not get the promotion depending on what the City decides on September 13th. 131 JUL 26197 • Mr. Kaplan: But its unfair to take a man who has got 18 tc, 25 years experience to tell him he has got to take an examination when Yarger said, you should get your promotion without an exam on the basis of the fact you have been performing the work for those years. Mr. Paulk: Yarger didn't say that Mr. Kaplan. Yarger made recomm- endations for various classifications throughout the whole structure. He didn't say who gets what. Mr. Kaplan: He didn't? He didn't name 18 people Bob? Mr. Paulk: He named 18 positions. Mr. Kaplan: He named 18 people. Mr. Faulk: We named those positions and how they were to get it. It was done by the Board Mr. Kaplan. Mr. Kaplan: In the event that my study which I will present to you is a mis-statement of fact, then certainly Mr. Paulk can correct it but I think what you are doing is, if the Civil Service Board conducts this examination , they are in effect reversing Yarger. It's that simple. Yarger didn't say to do that. The Civil Service Board with Mr. Paulk's concurrence is now doing something Yarger didn't say to do. Mr. Plummer: You can argue that on the 13th. Mayor Ferre: Thank you very much. 70. PENSION NVI ESTNENT COMMITTEE'S RECOMMENDATION ON INVESTMEWT ACTLVITIES Mayor Ferre: For those of you that are here on the matter of the in vestment committee, 1 would like to make a statement on that because perhaps we might be able to cut through some of these things very quickly. First of all let me complement the Investment Committee and Mr. Reese for an excellent and difficult job that they did with exhaustive interviews with 51 firms that submitted proposals as money managers and custodians of the funds of the Miami Retirement Systam and Plan. As all know, after these interviews, there were 11 firms or semi-fi:ialists if you will who were invited back for a second inter- view ar.d further questions -on their proposals. Now the Committee has further refined this list and will today, submit three firms to approve as money manager's of these funds. Now, I for one, my fellow Commissioners cannot accept this approach. We are talking abo,:t the management of tens of millions of dollars which represent pensions for present and future city employees who have served their City long and well. The responsibility for final selection of the Manager's is finally up to this Commission. I think that the only way that we can properly meet that responsibility is by personally interviewing these firms and at a special meeting in September. By the firms, I mean, the 11 semi-finalists whi 41 of course include the 3 recommended by the selection committee, It's too important a judgment to make without personal interviews of this Commission. Now I don't in any way mean to infer that these 3 recommended finalists are wrong but I do mean to say that there is a selective process which must be involved and the City Commission must he involved in it. Now I recognize that 2 members of this Commission were appointed to serve on that commission and be a part of it. I for one, will say that it was impossible for me, for which I feel, I apologize that I was unable to attend these meetings. These meetings lasted for days and days and days. 132 JUL 261973 Now if this Committee had come to us and would have said, from the 11, we narrowed this down to 6 and then we would have had a choice then I think my position would be somewhat different today but the fact that we were recommended 3 without any choice then puts the burden on this City Commission and since we have not been privvy to this information since we have not heard the testimony, then I think that it would be a bad way for this Commission to do and therefore, Father Gibson, I turn over the gavel to you and I move that the semi-finalist recommendation of the committee's report be accepted and that the Corvnission invite back the 11 semi-finalists for interviews at a special meeting to be set in September and further in my motion would like to move that the actuarj.al consultants that we have also come up with specific recommendations because at this time, I have not heard or seen that the acturial consultants have been Mr. Reese: Mr. Mayor, I don't think you would want to make that recommendation because the actuaries profesionally cannot make a recommendation as to what money managers or what investors etc. I Mayor Ferre: All right Mr. Reese, let me remove my portion. I remove that portion of the motion and leave it stand on the first part. Go ahead. Mr. Plummer: Mr. Mayor. I sat through some 30 hours of this. I think that it should be furnished to you by the actuary, the summaries and background of the 11 and I think that is very important. Mayor Ferre: That is a separate matter though. Mr. Plummer: No, it can be included in that. Mayor Ferre: I wi.11 include it as far as them submitting information to us but not a recommendation. Mrs. Gordon: Mr. Mayor, may I please say something? Now I think what we are doing and what has just been proposed is prepostrous. I have heard Father Gibson say time and time again, that we select a committee, we charge them with a responsibility and then we throw their recommendations out the window and this is what you are saying. T am not a member of the Investment Committee but I took my time to go to the meetings so that I would be knowledgable today upon what is being asked of me to vote and I feel that those members who were on that committee and who did not attend, have done the committee and the city, a gross injustice. Mr. Plummer: Well Mrs. Gordon, let me say this. I wasn't going to bring it up, if the Mayor's motion passed and I would have been happy to second it because you did sit and I don't know if you sat as long as I did or not - Rev. Gibson: Just a moment. Wait a minute now. We have a motion by the Mayor and we haven't given him an opportunity to get a second. I think if we get a second, then we could discuss. Let's get it so we could legally deal with it. Mr. Plummer: Canon Gibson, I was going to second the motion but I wanted to - Rev. Gibson: Okay, all right then since you were going to second it. Why not second it and then discuss it? Mr. Plummer: You promise to recognize me and I will second it. Rev. Gibson: You have it. Mr. Plummer: On discussion. Mrs. Gordon, it's well and good for you to say and me to say that we spent considerable time. I sat about 30 hours but what does bother me and I raised this question and I am going to have to raise it to put it on the record. One of the companies who had been excluded originally, when I found out and was told, was one of the finest companies in the world. 133 JUL 2 6197 Mayor Ferre: No, I think the matter is very clear. I would like to call the question. Rev. Gibson: I want to turn the gavel over so I could make a comment. Mayor Ferre: No, you can make the comment. Rev. Gibson: Two things. Again I guess I am going to do this evening like I did this morning. Some months ago, I had the privelege of being in New York to attend a theological education board of the Episcopal Church. Don't hold that against me. We were meeting in the pension fund of our church building. It is common knowledge has the second best and maybe for the sake of argument, the third best pension fund in this country. I went to the President of the Pension Fund and I said to Mr. Robinson, Mr. Robinson you are here in New York, you deal with money. This is a pension fund. We are going to be dealing with 75 million dollars in a very short while. Since you are an impartial person, I would like for you to answer a couple of questions for me. Mr. Robinson said this and I now want to share it with you. • He said, Father Gibson, if I were going to let that money out, I would divide it up so that I could have a comparison. But, I would also ask, how long have those managers been where he is, doing what he is doing. He said, let me tell you a great danger about that. Here is what the President of a Pension Fund whose experience came out of one outfit into ours and did a magnificent job for us in the Episcopal Church, listen to this: He said, a man can well hold that office for 2 years or maybe 3 years and develop one fantastic record and because he has his eyes on another position, build his record and then leave and then the whole bottom drops out. He said that. That caused me to sit up and take note. I am speaking in a very awkward position because my wife is on the Pension Board and she was on there before I came on the Commission. This is part of her doings but my wife and I don't vote the same way nor do we think the same way because I am Theodore and she is Thelma and the second thing is. Rose, I agree with you that I believe if you have citizens committees, you ought to use them. Mr. Mayor, I am not always in agreement with your philosophy and Rose I am not always opposed to you and I love those people who worked hard and to bring this decision back but you know what, something was said here earlier at some meeting or two ago. I am not going to delegate nor relegate my responsibility to a committee. Let me put that in context. When we were talking about the zoning matter. Things you say to me, I remember so well. When we were talking about the zoning matter, we said, that the Commission must always retain their authority to make a choice and all 1 am saying is, if Mr. Ferre, as much as I don't want to agree with Mr. Ferre, this much is true. The committee has now chosen. If the committee had given us 2 and said pick 1, we would have been making the choice. Now Rose that's a little different concept and according to the law, the law says, we have the authority and we should never give it over to anybody to make or exercise that authority for us. I would feel more comfortable if I were looking at 6 names or 8 names or in the Mayor's case, 11 names and I would keep ever- lastingly before me, these 4 names I see recommended here. They would have the preponderance of evidence in my hook and I would consider them far more thoroughly than I would the others but at this point you say to me, now literally they are saying and I know they don't mean it, these are the 4 names, take it or leave it. They didn't really mean it in that sense but they didn't give me but 4 names. In other words they gave me Equity Money Manager, Fixed Money Manager, Custodian. You have told me who the 4 people ought to be. That way, you have chosen them for me and as much as I love citizen participation, Rose, its a little different. I want them to recommend and offer their input and all of that but I find it a little difficult. Mayor Ferre: Call the question. 134 I fought very hard before this Commission that no one be excluded and they finally, I am not saying my persuasion did it, but all companies were heard because of I think, my argument. Now unfortunately one of the meetings that I could not attend, this company made their presentation. But then, after their presentation, and selection which I was unable to attend at the narrowing down, I pick up the Miami Daily News on the 24th day of July where T. Rowe Price Fund declines. This is one of the companies chosen by the committee and I will tell you Mrs. Gordon as I will tell my fellow Commissioners. When an assinine statement is made by a representative of that company to wit: Making excuses why their fund dropped 20.6% in the first 6 months of this year and his statement was: I'll sing you a song: "What can I say after I say I'm sorry"? Now Mrs. Gordon, I tell you before I can sit here and vote in good conscience on such a company, who I feel responsible is here because of what I did, I want to hear their presentation and I want to ask them questions. Now that's my point and that is reason I second the motion. Mrs. Gordon: Mr. Plummer, I want to tell you something. Mayor Ferre: Would the chair recognize me after Mrs. Gordon? Rev. Gibson: All right, Mrs. Gordon, then - Mrs. Gordon: I would like you to know and Mr. Reese can verify this .that a report that I found in a magazine called Forbes magazine was furnished to Mr. Reese and he furnished copies to all of the members of the Investment Committee so that they may be knowledgable and they were knowledgable and I am certain that in their deliberations, they weighed all of the facts. I will again tell you, I offered no opinion and offered no part of the decision making process because I was not a member of the committee but the committee I listened to their delib- erations and their analysis and they chose to make the selection and I recall they didn't make it their first selection but they did make it and they based it upon what I thought was a reasonable approach. Now, I challenge you again, because you were a member of the committee and you did not attend and Mr. Ferre, I don't know how many me,:-,:ings you attended, I didn't see you at any. Maybe you weren't at any. I don't know. Mayor Ferre: I stated that for the record previously. Mr. Gordon: Okay, but I think again and I say again that what you are doing is a grossly unfair thing to the committee and to the people, the 51 groups of people that flew here from all over the country and I think that you are doing an injustice to the citizens. The whole thing is really appalling as far as I can see. Mayor Ferre: Now you may be appalled Mrs. Gordon but I will not vote on a matter that takes, that will take into account as I recall 75 million dollars in which we have a responsibility on, without having a full and open discussion in this Commission and I do not think at this point, you may be fully informed and I apologize because I admit that I am not. I am not going to vote on this matter until we have a full exposure and I am not opening this thing up to everyone. I am doing it strictly as the committee narrowed it to 11 finalists, but I want to hear them. Iwant to hear them here before I make a decision. I am not saying I am not going to go with T. Rowe Price or Montag $ caldwell or Bankers Trust. I am saying that I want to hear them and the other people that were semi-finalists and that's all I am saying. Mrs. Gordon: I am not saying that you shouldn't hear them but the tapes are there and the complete presentations have been recorded and rather than the approach you are taking now, I think you might want to hear all of the presentations that were put on the tape. 135 JUL 261973 The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-625 A RESOLUTION PROVIDING FOR A SPECIAL MEETING OF THE CITY COMMISSION TO BE HELD ON SEPTEMBER 11, 1973 FOR THE PURPOSE OF CONSIDERING THE QUALIF- ICATIONSOF THE 11 FIRMS SELECTED BY THE CITY OF MIAMI INVESTMENT COMMITTEE TO ACT AS MONEY MAN- AGERS AND CUSTODIAN OF FUNDS FOR THE CITY OF MIAMI RETIREMENT SYSTEM AND PLAN AND ACKNOWLEDGING RECEIPT OF THE INVESTMENT COMMITTEE REPORT ON THIS MATTER DATED JULY 20, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson and Mayor Ferre. NOES: Mrs. Gordon Mayor Ferre: Now just for the record, I want to read who the people are: BANKERS TRUST MONTAG & CALDWELL BOSTON COMPANY OF THE SOUTHEAST LOOMIS SAYLES AND COMPANY INC. T. ROWE PRICE & ASSOCIATES SUPERVISED INVESTORS SERVICES THORNDIKE, DORAN, PAINE & LEWIS INC. TRAVELERS INSURANCE COMPANY JOHN HANCOCK INSURANCE FIRST NATIONAL BANK OF MIAMI CITY NATIONAL BANK OF MIAMI Mr. Plummer: Mr. Mayor, I would also like that this article which I will give to the Clerk be given and mailed to T. Rowe Price because the first question I am going to ask is that they justify this article. Now they might already have but I haven't seen the answer. Mrs. Gordon: Mr. Plummer, they justified or tried in the Forbes article. Mr. Plummer: It might be -the same. I will for the record recognize Mrs. Gordon-- Mrs.Gordon: It was brought to the table. It was not something hidden from sight. They were thoroughly questioned about it. Am I right? There are some people here who were at the meeting and do understand the situation. Unidentified Man: I wonder If I could be recognized by the Mayor? Mayor Ferre: I will recognize you very briefly Sir, I assume that you represent T. Rowe Price. Unidentified Man: Yes Sir, I do. Mayor Ferre: I will recognize you briefly because now this matter has been settled and we will be hearing you in September. 136 JUL 261973 • Unidentified Man: Thank you, our firm will be very pleased to be a member of the group coming down to make presentation at that point in time. Because of the specific reference to our firm here today, I thought it might be appropriate to spend a few moments of time in trying to right what I believe is - Mayor Ferre: Your name for the record. Mr. Dunn: My name is Richard Dunn and I was a member of the investment team that came down to make a presentation a week and a half ago. I would like to have a copy of that article or the article itself to take back with me. I believe that the statement contained in the article has been mis-quoted by the paper. If the paper references the individual who has made this statement, we will ascertain whether the statement has been made. Mr. Plummer: Save an 8i stamp. Mr. Clerk, give it to him. Mr. Southern: I am having a copy made right now. Mr. Dunn: I don't intend to make a presentation to you today but Mr. Plummer, I would like to leave 2 documents with you that I just happen to have with me here today. The statement in the article referred to our Growth Stock Fund. Mr. Plummer: Sir, I would prefer you to discuss this, all things being fair to everyone. If you have something that you want to mail to each Commissioner, then do so Sir, but I think all people should be treated equal and you will be notified when the hearings will be Sir. Mayor Ferre: Mr. Reese, would you set a date? Mr. Reese: You have already set the 13th. Mayor Ferre: No no, there is no way we can do this on the 13th. Mr. Plummer: Mayor Ferre: Not 11 hours, but it will be S or 6 hours. Mr. Southern: Mr. Mayor. A point of clarification on that last motion where you said that the recommendation of the committee's report be accepted. I don't know whether you actually intended to accept their recommendations. You are talking about 11 hours Mr. Mayor. Mayor Ferre: No, the 11 finalists which I read into the record. Rev. Gibson: Acceptance is not the same as adoption. If they were adopted, that means final but if its accepted, we just simply - better use another word Mr. Mayor, that we received the report. Mayor Ferre: Right, Okay. Mr. Plummer: Mr. Mayor - Mr. Reese: Also I would like to say, the report needs to be clarified in the set of minutes of the last meeting needs to be supplied with this report so I would ask the Commission to consider accepting a report with a copy of the minutes attached to it and the Resolution No. 134 be corrected. Because it isn't exact. NOTE: (The preceding comment referred to the minutes of the Retirement System E Board) Mr. Plummer: Mr. Mayor, because I am informed that there are a great number of people here are interested in this thing, is it possible Mr. Reese that we can set a date? Mr. Reese: I would like to suggest September llth which would make it convenient for the people out of town to come and set that date for a meeting. It's a Tuesday. Mr. Plummer: Does anyone have any objection? 137 JUL 2 61973 • Mr. Plummer: Even though I admit to you, I was not present for T. Rowe Price's presentation, their presentation alone Sir, was 11 hours. Mr. Reese: They asked for 11 hour but they were shortened up considerably. Mrs. Gordon: J. L. didn't you attend any of that last group that came in? Mr. Plummer: Mrs. Gordon: Mayor Ferre: not - Mr. Plummer: that I think I couldn't. None? Wait a minute now, we aren't going to get into whether or Mr. Mayor, the only thing I am cautioning you Sir, is you are talking about an 11 hour day. Mayor Ferre: I understand. We will have to take up whatever time it is on the llth. The date is then September llth unless we hear otherwise. Rev. Gibson: I have to be in Chicago the next day so I don't want you to keep me here. NN Ilk 71, BOOZ-ALLEN & HAMILTON - INTERIM PRESENTATION ON MANAGEMENT STUDY Mayor Ferre: Now we are going to take up the Booz-Allen Hamilton interim presentation which is a 3:00 o'clock item at 7:00 o'clock and then we will take up item #14 and then we will take on that, so the Chair recognizes members o2 Booz-Allen & Hamilton and 1 know that this is going to go into final report about how lour the meetings take etc., etc., etc.., Mr..Stewart Matland: My name is Stewart Matland and I am the officer within Booz-Allen & Hamilton who is responsible for the work we are conducting for the City of Miami. Our purpose in meeting with you today, or tonight is to tell you something about what we have been doing to outline for you our preliminary conclusion, to tell you where we will be going, answer any questions you may have about what we have been doing. But I want to emphasize that this is a very preliminary stage of our work and we have as yet just gotten into our data analysis. By way of background, you might think the City of Miami exists to provide services which efficiently and effectively meet the needs of residents, private enterprise and visitors. how to improve the management and delivery of Cie:,( t7 C I -a: undertaken a three year federally assisted program consentrating on management organization structure, human resource management and management reporting and information systems. The management improvement program has two broad coals -- the development of a dynamic top management organization, that can determine and respond to changing community needs and address them efficiently and effectively, those words tend to be over -used, but they are real. And secondly the development of a modern human resource management system that the City's ability to attract to de:•-.1tp to service and retain the people most appropriate to delivering community services, because it is pretty obvious, you don't have the right people in City jobs at all levels, you are not going to get much out of your City government. Now, Booz-Allen was brought in to assist the City in completing this manage- ment improvement program, and our specific tasks are to develop recommendations for improving the department level City govern- ment organization structure. to development recommendations for improvements in City government -wide human resources management at all levels --to design an action plan for implementing recom- mended improvements, in the organization structure and in the human resources management area, and to assist the City in im- plementing that plan to make the whole thing worthwhile. A task of improving the City government organization structure of re- structuring it, will provide a context for improvements in human resource management policies and procedures, and that's an essential task if we are going to make better the services provided by the City to its constituency and to its employees. At this point, we haven't gotten into the human resources manag, ment area in any kind of detail, but we can give you an over -view of the results of the management organizations study including the description of a current City management organization structure that is those departments that report directly to the City Manager, a summary of the areas which opportunities exists for improvement in the City organization structure and our recommendation for short term and long range restructuring the organization to make these improvements. First thing we've got to do is look at where you are now .and how you got there. I would like to introduce Eric Hansen who is our project manager and Fredrica Wall who is one of the 139 7/26/73 • • analyst on the team of nine people we have had in Miami over the last two months. The Miami city organization structure has over the last ten years been responding to changing community and city department service requirment, and showing that we have a need for improvement as well. We have to learn how to make our graphics a little bit better. We lost some of the edges there. The current organization structure reflects significant changes in service requirements over the past 10 years. Obviously one major change has been in the elimination of certain municipal activities through regionalization. But another change has taken place if you look back over the last 10 or 15 years, is the breaking out of activities from large departments and making them into departments themselves in order to focus attention on specific service problems. And this is a pattern that has evolved and has been quite successful in dealing with specific problem areas. Now, as you look at this, it is important to remember that it is nothing but boxes, and boxes without people aren't going to get anything done. The importance of effective management development and utilization of City employee manpower is emphasized by the fact as Mr. Plummer pointed out in another context earlier that 80 to 90 percent of most department budgets are allocated to salary and wage expenditures in the City, so how you use your people is key to what is going to come out as a result of your tax money. Now. in our management analysis the first part of our work, the most important focus has been as it is in any manage- ment analysis on the services delivered by the municipality, we take a look at it and say how should it be better, because we say, what do you want it to do, and we feel that any changes in the organization structure that we recommend, should generate opportunity to improve the effectiveness and the efficiency of that special mix, €hat particular mix of municipal services that the City has to deliver. If you look at all of those boxes you will find that in general they break down into faux major areas. These are services that you provide in the area of community improvement and recreation to both people and property, police services, fire prevention and abatement services andthen everything else really exists to provide administrative support to city departmental operations. And in looking at these operations we feel that significant opportunities exists for improving the responsivness of city services . By way of background, our analysis of the city organization structure, reflects interviews we conducted over the last two months, with a broad range of elected and appointed city officials, city employees at all levels, and employee and community leaders. They include for example, the Mayor, most members of the City Commission, the City Manager and members of his staff, and top and middle managers in every City department. In addition, we did the obvious things like examining the City Charter andCode and we bring to it our own background, in working with the organization' problems of similar size cities that have undergone recent organizational modifications. As a result of this, opportunities for improvement, these are only opportunities, you've got to act to make them real, were identified and an approach was developed for implementing them. Now, these in to two areas, you have opportunities to up- grade the quality of community services, as well as to up -grade internal operations. And we feel you can begin to get at this by re -structuring the City departments, departmental level organization, but to meet what objective, ---and in talking to the Commissioner, and talking to the employees themselves, try to get some fee]what the citizens want, we say the objectives that should be met by re -structuring this department level organization, can be summarized in five general points. First of all, anything that is done should strengthen the Commission- 7/26/73 140 Manager form of goverment. Secondly, it should improve and strengthen top management control of departmental operation. You've got to have control over the thing, or it will run away from you. Modernize and streamline administrative support and services to operational departments and to the Commission. Strengthen the service delivery and coordination capabilities in current city operation. People seem to be pretty happy with current services they are getting, and improved services to city employees and strengthen prcgrams for employee develop ment. You've got to provide the right work environment for your employees, or they are not going to want to work for you, and the best people are going to work where they are best treated. Now, breed of answers, have all in approaching organization work, it's a strange cat, as far as consulting goes. There are no right and the organization structure itself, I'm sure we lived long enough through organizational changes to find out never produces any improvement by itself. The structure is simply a framework, --it is a tool that enables people to improve the management.and delivery of municipal services. You've got to remember, there's no one best approach to reorganization, no magic answer. If I could find it we could make a fortune. We could do better than your investment managers, ---the same time the structure and approach to the City of Miami can't be listed from a text book, you can't borrow it from a neighboring community, because you are not that community, and you can't in isolation without considering unique, community environmental factors in which the organization has to function. Of some of the major community environmental factors influencing the proposed management organization, and through the fact you have to recognize your City Manager, he recently announced his resig- nation, and other top management personnel will retire over the next few years, and this is going.to create a the replacement of their management skill. You have a need to develop a team -management approach to administrate the problems and to solve them, and you have a community that is changing. You have a need to respond to new and emerging service requirements and to changing management responsthilities. And I could go on, but the interest of brevity won't. If you are interested, we can come back to any point. But if you will see, we feel one of the things that ran through every conver- sation we had, was the desire on the part of the Mia:ni City government to maintain and improve its leadershi}: Position with respect to the delivery of the current local government services to the community it directly services. And I gather this came out this morning in your disc>>grons of recreation and parks, and what you are ari;iy to do with it. You are a different community, c:11ci that difference has to be recognized. And the City government has to be strong enough, effective enough as a management entity to effectively represent the interest of the citizens of the City of Miami, to Metropolitan Dade County. So if you see the proposed management organization plan we have come up with is designed specifically to respond to both the special environmental factors, and the objectors. Mayor Ferre: Is that part of a written report that we have? Mr. Matland: No, it is not part of a written report.Now, organization development has got to be approached on a gradual basis, because you can't shake the tree too hard. Everything will fall down, the ripe and the unripe. We recommend that you approach your organization planning in a three -stage process. 7/26/73 141 • • The first stage, which is shown here, is the grouping of city departments into service divisions and functional units, while current departments remain intact. If you look at it, it's shown up there, and I'il take you through chart step by step. The second stage, the service units, will become new departments while the current sub -units of the department that you have now, the departmental divisions and sections remain intact, and the third stage, new departments reorganize internally creating new sections and program areas, as appro- priate to meet their service roles and the management styles of their people. Now, the approach we propose, is based on reorganizing from the top down to provide term benefits now, from increased management control and capabilities without wholesale disruption of operation and the immediate re- • organization of line service level personnel, because that just doesn't work. Our experience tells us it doesn't work, you get chaos. You've got tc work it from the top down and let it trickle through the organization, and you have to do it over a period of two or three years. And there is no difference between a corporate organization and a city organization, where people change slowly. Mayor Ferre: ( inaudible question) Mr. Matland: I'm sorry, the major changes. created for office of the City Manager, comprised of the city's top level <:dministrators, up -grade the city's central policy -- making and operations control capabilities, establish units of inter -related service functions, to clarify management responsibilities in reporting channels, to reduce response time for delivering services and provide opportunities for improved operations planning and evaluation, to centralize and expand employee recruitment service and development activities, to get zit that people area, to get the best people in and do the best things with them, and to shorten the reporting lines to the office of the City Manager by reducing this very difficult and broad span of control that the City managers have to deal with. You do that by delegating to deputy City managers, and we recommend that you create four of them, two of them essentially being the same as the chiefs of Police and Fire at this point, and two new ones to consolidate like services in major grouts and to create a function of community relation within the office of the City Manager to provide information and assistance to the citizenry as well as monitor and respond to the changing service needs of the community, and what we have done here overall is to combine operating functions, common to more than, one depart- ment, to reduce duplicate and redundant manpower expenditures. This should take place, we would recommend to you over the next year. The stages that flow from this, stages two and three which relates to what happens within the departments themselves would be determined under this plan by the office of the City Manager in combination with the top manager at the functional service unit level. The guys who are running it have to decide how they want to organize. This depends on what they are comfort- able with, and nobody can really pre -judge it for them very effectively. The third stage is when the sub -units of the existing department are put together and changed around, it has to reflect the changing service requirements that may exist two or three years from now, and should not' be locked 7/26/73 142 in or dictated at this point. The initial staffing implications of this first stage we recommended are minimal. They involve the addition of positions to this newly created office of the City Manager, these positions may be filled however from within the existing organization, if appropriate candidates are available, and their positions may be left un-filled and if possible wiped out through consolidation in subsequent stages. It shouldn't cost you a lot more money to do this, any more money at all. The net of it 13 with this kind of organization structure, we feel that you'd have a greater opportunity to improve communications within the city and between the city and community, to provide services in a better way to the people you are trying to reach, plus the commission, as well as the employees as well as the residents and visitors who are vital part of the City, and we think it provides you with a framework for cost avoidance as this organization structure &?velops. This is where we are at this point in our examination. The next step we go into is a detail look at the human resources management area, and that will be a couple a months from now. Mayor Ferre: Thank you very much, and I want to say for the record that I did have a very plesant, 15 minute conversation which lasted. close to an hour with these gentlemen, and I was very impressed by their thoughts, their presentation, their approach, and I think we are going to get our money's worth, and I think, ---the thing that concerns me is that I hope we will have an opportunity to discuss this are eventually get into an implementing stage because these reports are beautiful but they don't mean anything unless you do something about them. So my thanks to you. Mr. Matland: With deference to Canon Gibson, Amen. Mayor Ferre: Thank you very much. 143 7/26/73 4110 72, VARIANCE - N. 22 ,5' OF LOT 6, BLOCK 3. CQPPINGER'S TROPICAL GARDENS Mr. Rose: I am Michael I. Rose, attorney for the applicant. Mr. Plummer: Mr. Mayor, may I ask at this time Mr. Acton, on Item 14 your recommendation was deferral. Is it still that at this time Sir or have you made a recommendation? - Mr. Acton: I did personally inspect this property and it was my opinion that the property would be much too narrow to place a building on which would be in conformance with the conditions that exist in the neighborhood. The lot is extremely narrow and the applicant was asking for a variance that would amount to 1' from the property line that adjoins the express- way. Mr. Plummer: So your recommendation then is denial? Mr. Acton: Yes. Mr. Rose: I represent Angel Miranda. My address is 1933 S. W. 27th Avenue, Miami, Florida. For the sake of brevity what we would like to do is extend the building another 4' instead of the present width that it is now. It's difficult to see on the map in front of us. I have an architects rendering that indicates where the building would be placed and it would be approximately 6' away from the fence line from the E-W expressway. The ordinance calls for a 5' setback and we are asking that it be varied to allow only a 1' setback in order that the building could be constructed wider than presently under the ordinance now. It's difficult to see there because of the fact that the area just indicates the lot but I have a rendering here which I am going to show to you which will enable you to see exactly what I am talking about very specifically. Mr. Plummer: Is this a new structure or an addition to a structure? Mr. Rose: a new structure. Mr. Plummer: Non -existing, not attached to any other structure presently existing. Mr. Simpson, I read here that this lot is 221' wide. Now what are the setbacks on each side? Mr. Simpson: 5' is required. Mr. Plummer: So we are now talking about a 121' structure. The building itself cannot exceed 12=' without a variance. Mr. Rose: That's correct. Mr. Plummer: How long is this structure? Mr. Rose: The building is 311'. Mr. Plummer: Does that comply with the minimum square footage? Mr. Simpson: Yes, this is a 2-story structure. Mr. Plummer: I don't care. We are talking about a sliver 121'. My bedroom is wider than that, Mr. Rose: This is why we are asking for the 4 additional feet. because that would give you 161' wide - Mr. Plummer: Sir, the person you represent. Are they building this for their own use or for speculation? Mr. Rose: No Sir, for their own use. 144 JUL 261973 Mr. Plummer: And they are ready to accept the fact that they are going to move into a building, even granting the variance of 16' wide? Mr. Rose: 1611' wide and 3111' long, 2-stories. Mr. Plummer: Its a building not big enough to change your mind in. Mr. Rose: Let me show you what I am talking about. Mr. Plummer: Mr. Lloyd, We have been confronted with this situation quite a few times where an expressway has gone in. Now legally this man can't build on that piece of property without some kind of variance. Now, was this taken into consideration at the time that this property was acquired by the expressway people? Mr. Lloyd: Yes Sir. Mr. Plummer: Are you telling me that the owner of record at the time of condemnation was compensated because they were chopping his lot up? Mr. Lloyd: Yes Sir, That eminent domain proceedings is known as severance damages regardless of how much was condemned because this was an entire lot. The present owner of the property at that time under the condemnation proceedings could, would have had to had under the Florida Constitution and the law acquired what is known in eminent domain as severance damages. They would have paid him severance damages for the obvious, not necessarily ruination of that lot, but lets say cutting up of the lot. Mr. Plummer: Then where are we failing Mr. Lloyd ? Mr. Lloyd: He would have been paid for the value of the land that was taken by the State Highway Department for the expressway plus severance damages for the remainder of the property. Mr. Plummer: Well somewhere along the line, this Commission is failing or someone is failing. If they compensated him for that piece of property plus they gave him severance as you call it, why does he still own it? Mr. Lloyd: The reason is that they didn't take all of the property because it wasn't necessary. They could have but there would be nothing for them to do with it but, the law requires that you provide severance and he still owns it but he was compensated for the fact that the lot was changed, the configuration of the .lot was changed so that he suffered a loss so that he did acquire severance damages. Mr. Plummer: Mr. Rose, was your client the owner of this property at the time that the expressway condemnation came through? Mr. Rose: That is correct. Mr. Plummer: So in fact 'he, were they in fact compensated by the State Road Dept. for the reduction in the size of this lot? Mr. Rose: They were compensated for the taking away of the property. They were not adequately compensated for as your Counsel has told you, severance of the property which would make this property worthless to them. Mr. Plummer: Did they accept the condemnation offer or did they fight it in Court? Mr. Rose: I don't know because I did not represent theca. I don't know what the offer was. Mr. Plummer: Yours is not an isolated case Sir. I recall where it was a very difficult decision for this Commission when the Knights of Columbus, a thousand people down here screaming at us, that they had purchased a piece of property and we had to tell them NO and find out the people who sold the property had got the money and gone to Venezuela. 145 JUL 261973 • • Now, somewhere along the line, something is failing because this Commission is being placed in. a jeopardy situation by virtue of somebody confiscating, somebody getting ,paid, but then the ultimate is somebody coming here and saying, please help us out when it isn't right, so - Mr. Rose: Mr. Plummer, this man has bought this property. The expressway came in and they took half of his property away. They compensated him for that. He is stuck now with a smaller piece of property which under the Planning & Zoning Board regulations and the Ordinances, he can't construct a building there. He is now asking for a variance for 4' to make it more livable. He is all the time paying sewage taxes and everything else. The government isn't compensating him for that. Mr. Plummer: I don't dispute that but are you telling me in so many words, that your client was not aware at the time of the taking and the settlement that he had a lot that he could only do with? Is he saying to me that his client was not aware that once he accepted that settlement from the State, that he had a piece of property that he could only build a 12h' piece of building on? Mr. Mayor, if it was you or I, we would tell the State to go drop dead. Either buy the whole thing or lets go to Court and fight it out there because I have got to believe that any court in the land would say, State of Florida, take the whole thing because you are leaving him with a parcel he can't use. Mrs. Gordon: I want to ask an important question, may I? How long ago was the taking? Mr. Rose: Approximately 8 years. Mrs. Gordon: All this time he has been paying taxes on it? Mr. Rose: Yes Ma'am. Mrs. Gordon: And since then he paid for some sewer improvements to the area? Mr. Rose: Yes Ma'am. Mrs. Gordon: What neighbor on the expressway side which is the side you are talking about in the variance, what neighbor is going to be affected by this? Mr. Rose: There are no neighbors would be affected. The only one and Mr. Hornstein objected - Mayor Ferre: Out of fairness, this gentleman has been nodding his head and moving his hands so lets recognize him. Mr. Hornstein: My nano is Sam Bornstein of the law firm of Shevin and Shevin. I represent the neighbor which would be Lot 7 and the southerly half of Lot 8 which is directly adjacent to this. Mrs. Gordon: Is that in red or in white? Mr. Hornstein: It is in white above the subject parcel in yellow and Mrs. Shirley Gwynn is the owner right here and this is her property is a lot and a half which is in white, Lot 7. Now, what I would like to say #1. I don't believe it's before the Commission to ask whether 7 years ago Mr. Miranda was property rep- resented before an eminent domain hearing. There were a lot of other people who did or did not have counsel, did or did not receive adequate or more than adequate severance damages and severance damages were given, there is a deed of record from Angel Miranda to the State Department of Transportation. This is 7 years ago. It was 1966 when the deed was given. 146 JUL 2 61973 Mayor Ferre: I just want to tell you that we are going to vote on this thing one way or the other in about 4 minutes. Mr. Hornstein: I would just like to say that there is a value to the property. It cannot be used as a single family home. He was compensated or should have been in 1966. There are approximately 6 blocks from where you see am mended which is the state police station all the way back to approximately N. W. 18th Avenue which has similar lots varying in size from 14' to 35', each one of these except this particular parcel has been sold to the adjoining neighbor and has been made as a side -yard and has been sold for a price whether adequate or not, again it is not before the Commission. The use for this property after expressways come through can be just that, a yard, a side -yard. It can be sold. It can be marketable. It cannot be used I think, I was there this morning and you don't have the benefit of seeing the property. Mr. Acton has seen it. If you look at the picture, I think you can only see that it is ludicrous to put any home on tha': tiny strip. Mr. Plummer_ You are saying that and you are probably true but you are placing this owner in a very untenable situation because there is only 1 person he can sell to. He doesn't have the right to go out and market his goods. Shirley is the only one can buy it. Mr. Hornstein: That's right. Well Mr. Plummer, again this is a question which doesn't belong before this Commission. It belongs before the State as to adequate representation of people in eminent domain proceedings that they be fully as the new laws of today, full disclosure. Perhaps in 1966 there wasn't full disclosure. The state could have come in and stole this property away from him. Mayor Ferre: A vote in 1'' minutes now. Mr. Rose: Let me interject one thing. All we are asking this body to do is to issue a variance to make this house more tenable, more livable and make the setback 1' instead of 4'. It doesn't affect this woman on her side. It's just that there is a property on which can be constructed a single family dwelling and that's what we are asking to do. Mr. Hornstein: The last thing I would say is that it does affect Mrs. Gwynn very much because this structure will lower the property value of her house which is demoted by the expressway already. Mayor Ferre: Okay, now the chair will accept a motion. Mr. Plummer: To the department, can he build or draw a permit tomorrow to put up a 12-1' wide structure? Mr. Ferencik: In past cases, where this matter has come up and actually there have been court tests over this thing. He can do this. As long as he can meet the minimum square footage of the house on the lot. A 2-bedroom house has to have a minimum of 650 sq,ft, in it and he would have to meet the setback requirements which would leave him a 12'2' wide house. Mr. Plummer: What you are saying is, we are not denying him the utilization, ? I will move to uphold the Planning Department and the Planning Staff and move to deny. Mayor Ferre: Is there a second to the motion? 7=2 recommendation denial by the Planning f, Zoning Board. The Planning Department recommended deferral and now they recommend a denial. Mrs. Gordon: How about if we take a look at it? Go look at the area. Mr. Acton: I might , my recommendation is based on the fact that I believe that that type of house on this lot would be a detriment to the neighborhood and I do believe it would be in the interest of the Commission to take a look at the lot. 147 JUL 261973 • Mr. Plummer: I will withdraw it - Mayor Ferre: No you have a motion. Is there a second to that motion? Mr. Plummer: Are you telling me I can't defer a motion? Mayor Ferre: Are you going to withdraw my motion? Mr. Plummer: I am withdrawing my motion. If anyone wants to go look at it, they should be afforded that opportunity. Mrs. Gordon: All right defer it to the next opportunity we have to hear it. I would like to see the area. Mayor Ferre: This matter is now deferred. ON MOTION OF COMMISSIONER ROSE GORDEN, SECONDED BY REVEREND GIBSON, THE MATTER WAS DEFERRED TO SEPTEMBER 13, 1973 by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, and Reverend Gibson. NOES: Mayor Ferre. 73, MAKE PROVISION FOR }IOLDING NON -PARTISAN PRIMARY ELECTION AND REGULAR ELECTION FOR OFFICES OF _MAYOR AND TWO CITY COMMISSIONERS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-626 A RESOLUTION ;BAKING PROVISIONS FOR HOLDING A NON- PARTISAN PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMM- ISSIONERS AND A LATER REGULAR MUNICIPAL ELECTION UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NON -PARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION OF THE PERSONS QUALIFIED TO VOTE IN SAID NON -PARTISAN PRIMARY ELECTION AND REGULAR MUNICIPAL ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 15 OF' THE CODE OF THE CITY OF MIAMI WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NON- PARTISAN PRIMARY ELECTION AND SUCE REGULAR MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TG THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND OF THE PROVISIONS HEREOF; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY HEREOF TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF DADE COUNTY NOT LESS THAN FORTY FIVE DAYS PRIOR TO THE DATE OF SUCH NON PARTISAN ELECTION (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following -vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 148 JUL 261973 74, FULL TIME CITY •[ORNEY - CONSIDERATION OF CHARTER AMENDMENT AND STATEMENT BY COMMISSIONER J.L. PLUMMER The Mayor announced the Commission was now ready to consider this Charter Amendment. Mr. Plummer: Mr. Mayor, I only have 1 question after the discussion of this morning. This Commission can appoint and we can do certain things and I only raise this for discussion among my fellow Commissioners. It could present itself at a time where the same problem that we tried to avoid this morning with the City Manager, could occur with the City Attorney because he is appointed by the Commission and I see the terminology here that Mrs. Gordon raised very quickly this morning placed upon the City Attorney and 1 question whether or not we would like to remove that, that he serves "at the will of the Commission" or whether in fact -•th'e Ccmmission maybe like to make the wording since he is a contract that we in fo:t would have to go through the same procedures to dismiss him as we dismiss the Manager. I only bring that up for discussion. Mayor Ferro: Okay, I will give you my opinion on it. I think that the Manager's role and the role of the City Attorney arc somewhat different and my personal philosophy on it is that as far as the Administration is concerned, or the Manager, that its not the same and I would not apply the same criteria as the City Attorney and I -think its somewhat different. Mr. Plummer: Mr. Mayor, the reason I raised that question I guess is because we are now proposing that we go to a full-time City Manager and I think the same - Mayor Ferro: I hope we have a full-time City Manager. Mr. Plummer: I'm sorry, a full-time City Attorney. Now in the same way that this City is going to endeavor to get the first class Attorney to serve this Cty, aren't we going to be placing the selection in jeopardy, by saying to a man, Sir, you come with us, we'll only guarantee you 2 years. Mayor Fcrre: That is the way it's been and thats the way - Mr. Plummer: No Mr. Mayor, in the past it has been that he is only a part time employee. T am only raising that for discussion purposes Mayor Ferrc: The County Attorney serves at the will of the Commission. Mr. Plummer: So does the County Manager. All I am saying is and T raise this question in the same manner that it was discussed this morning. When we go to Joe McDoak and say to him, Sir, we would like you to come serve as our City Attorney. If you look at it in the same vein as Mr. Reese raised this morning, and say gentlemen, where you have got the stipulation, where you could be politically motivated and I serve at will, no, I don't want to give up my practice. Mayor Ferro: I think you are going to find that it is going to be a little easier to get a City Attorney than, a competent City Attorney than to get a competent City Manager. Mr. Plummer: I hope you are right. I only raised the question as a point of discussion because we cntt�red into it in depth this morning. Mayor Fcrre: You have a valid point. Rev. Gibson: Mr. Mayor, I find it difficult to ask a man to give up his law practice. You are dealing with a very serious thing here, to give up his law practice, to serve at the will of the Commission and remember when he gives up that practice, he is giving up all that he had. Thats all he had. Now I feel like the City Attorney ought to be a full-time man but I think he ought to be under contract with the right to buy up. 149 JUL 2 61973 • • I served on the Board appointed by the Governor to restructure the sc'.,o1 system and one of the things that really galled me when I was there while we were deliberating was that we wanted to choose a Superintendent of Public Instruction with no assurance to the man. No guarantees. You wouldn't do it, I wouldn't Jo it, why expect somebody else to do it? I believe he ought to serve at the will of the Commission and if the Commission should decide that the Commission ought to be priveleged to buy up his contract but Mr. Mayor, you aren't going to get any man who is worth a grain of salt. I hope I am wrong. If the church I serve called and said I want you to serve at the will of the Vestry, I would say you are foolish. Mayor Ferre: Father Gibson, I think Darrey Davis sr -.red with grea.. distinction. Rev. Gibson: Man that's a different kettle of fish. Mayor Ferre: I think Tom Britten served with great distinction and I realize the City of Miami's situation is different but I think Al Rothstein has served with great distinction and I think that the other people that have served in this capacity here, I realize that the City because its part-time is different, but the County is not different because that is full-time and I think Tom Britten and Stewart Simon and previous to him, Darrey Davis have all served with distinction. They are amongst the most knowledgable and highly respected members of the legal profession in this town. They didn't have any problems. Rev. Gibson: Mr. Mayor, if you were an attorney and they asked you to serve, would you be willing to give up your entire law practice to come for an. uncertainty? Mayor Ferre: It all depends on the kind of practice I had. If I were making $25,000 a year and was offered $40,000, I think I would do it and if I were making $100,000 and was offered $40,000, I wouldn't do it and I wouldn't care what provisions you had in there. Mr. Plummer: Hut Mr. Mayor, that's the point. Do we want a $25,000 lawyer? Rev. Gibson: Amen. Mayor Ferre: But you are not going to get a $100,00 lawyer. Rev. Gibson: We want the best we can get though. Mayor Ferre: You are going to get a $40,000 lawyer. Mr. Plummer: The only point I am trying to bring. I am not trying to lock in the new man because Mr. Rothstein has said either way, he has had it. What I am trying to say Mr. Mayor is this. I think that any man should have some kind of a guarantee. It doesn't preclude this Commission from getting rid of him but they would have to follow a procedure. I don't mean to rub salt in a wound but 2 weeks ago, this Commission made a decision. Today this Commission reversed that decision and what I am saying is, the same thing could happen with the City Attorney. Rev. Gibson: Amen. _ }r. Plummer: All I am saying is, if you expect to go out and find the n.ost capable qualified man for this position, I think that the man wants to be assured in the same way you picked a Manager, that there is not going to be political hankypanky, that there cannot be policital hankypanky because before you can get rid of him, you have got to show cause and you have got to give him a public hearing. Mrs. Gordon: Use the him or her Mr. Plummer. 150 JUL 261973 Mr. Plummer: I am saying Mr. Mayor, that I think this needs to be explored. I think my point, I can't get it out of my mind. If you disagree with me, I hope you are right but - Mayor Ferre: What do you want to do? Mr. Rothstein: Mr. Mayor, I would point out from my own experience and you have to remember something that you pointed out a little earlier and that is that there is a definite, 4open , notoroius plot by the Miami Herald and certain of the TV Stations to go against the will of the people of the City of Miami to consolidate the City into the County and therefore a County Manager and a County Attorney is not in the same position as a City Manager and a City Attorney. The Miami Herald for example wrote an editorial about the County Attorney costing the County some 40 million dollars, a bitter attack, but nowhere in the media anywhere did they say he should be fired for that, so I think while I do believe that a City Attorney should serve at the will of the Commission, Mr. Plummer's suggestion that it be for a term so that if you are going to get rid of the City Attorney, I don't think that you need the provisions that you have for the City Manager. 1 think you ought to have something so that if the man gets thrown out, at least he knows you have to buy up his contract. Mrs. Gordon: What you have written here Mr. Rothstein for the Manager and I think it might be applicable to the Attorney, its well done. Page 2. Mayor Ferre: I don't want to complicate the procedures or the cause and reasons on the attorn^y but I would not object to a very simple insertion in here that the Attorney be hired for a 2-year period from November to November provided that it is clearly spelled out that if we fire him, we can fire him without cause, at will. In other words, all we have to do is buy up the rest of the contract. That gives him a certain amount of protection. Mr. Plummer: My only comment there is Mr. Mayor. If you fire him for violation of contract, I 'on't think we should have to buy up the remainder. Mr. Rothstein: Well all you have to do is put in here instead of "shall serve at the will of the City Commission", -"shall serve for a 2-year term from November to November". Mayor Ferre: No you better make it from December because you have elections in November. Mr. Plummer: Mr. Rothstein, you know what I am trying to accomplish SIr. Mr. Rothstein: How about giving us a few minutes to draft that and we can come back to it. THE MATTER WAS THEN TEMPORARILY DEFERRED. 151 JUL 261973 • 75, PROPOSED CHARTER AMENDMENT - HIGHWAY IMPROVEMENTS An Ordinance entitled - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTION 56 OF THE CHARTER OF THE CITY OF MIAMI BY DELETING FROM THE DEFINITION OF THE TERM "HIGHWAY", THE WORDS "BUT NOT EMBRACING A SIDEWALK" AND BY AMENDING THE SUBSECTION UNDER IMPROVEMENTS AUTHORIZED TO BE MADE UNDER THIS ACT WHICH IS ENTITLED "CLASS I" TO READ AS FOLLOWS: "CLASS 1. HIGHWAY IMPROVEMENTS EMBRACE THE GRP.DING, PAVING, REPAVING, MACADAMIZING AND REMACADAMIZING OF HIGHWAYS, WITH NECESSARY DRAINAGE, SEWER INLETS, MANHOLE AND CATCH BASINS AND, IF THE COMMISSION SO ORDERS, MAY EMBRACE CURBS AND GUTTERS, SIDEWALKS AND LANDSCAPING WHICH IMPROVEMENTS MAY BE FINANCED WITH ANY FUNDS AVAILABLE FOR HUGHWAY CONSTRUCTION"; PROVIDING THAT THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS CHARTER AMENDMENT NO. 2; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENTS OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.. and WAS INTRODUCED BY Mr. Plummer and adoption as an emergency measure a of reading same on two separate dad following vote - AYES: Messrs. Re Gibson and Mayor Ferre. NOES: No Whereupon the Commission on motion Gibson adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, I� NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. seconded by Reverend Gibson for dispensing with the requirement -s, which was agreed to by the of Mr. Plummer, seconded by Reverend • t 152 Jul 2 61973 boso, Plummer, Mrs. Gordon, Reverend ne rs. Gordon and Mayor Ferre. 8175. 76. An Ordinance entitled - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY ADDING TO SECTION 56 (:i?I) OF THE CHARTER OF THE CITY OF MIAMI A NEW PARAGRAPH CONTAINING THE PROVISION THAT UPON SHOWING OF FINANCIAL HARDSHIP BY THE PROPERTY OWNER THE COST OF THE CONNECTION OF THE PROPERTY OWNER'S PREMISES WITH THE LATERAL MAY BE MADE BY THE CITY FROM ANY FUNDS AVAILABLE FOR SANITARY SEWER CONSTRUCTION; WHICH COST SHALL CONSTITUTE A LIEN UPON THE HOUSE, LAND AND PREMISES AND SHALL BE PAYABLE IN EQUAL ANNUAL INSTALLMENTS WITH INTEREST AS PROVIDED FOR BY THE CITY COMMISSION; AND SUBMITTING THE PROPOSED CHARTER AMEND- MENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS CHARTER AMENDMEIT NO. 3; REPEALING ALL ORDINANCES, CODE SECTIONS OR PAPTS TH'REOF IN COLNrLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Reverend Gibson and seconded by Mr. Plummer for adoption as an emergency measure and dispensing with the requirement of reading the same on two separate days, which was agreed to by the following vote -.AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Reverend Gibson, seconded by Mr. Plummer, adopted said ordinance by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8176. 153 JUL 2 61973 77, PROPOSED CHARTER AMENDMENT - MAXIMUM ALLOWABLE RATE OF INTEREST An Ordinance entitled - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 58(b) OF. THE CHARTER OF THE CITY OF MIAMI TO PROVIDE THE DELETION OF THE 6% MAXIMUM INTEREST AND SUBSTITUTING A MAXIMUM"INTEREST NOT TO EXCEED THE RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA, TO DELETE THE REQUIREMENT THAT THE"PRINCIPAL AND INTEREST BE PAYABLE IN GOLD COIN"AND SUBSTITUTING THEREFOR"LEGAL TENDER OF THE UNITED STATES? AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 4, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVEI2ABILITY • , PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON. TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measura and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mr. Plummer, seconded by Reverend Gibson,'adopted said ordinance by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8177. 154 JUL 261973 • 78, PROPOSED CHARTER AMENDMENT - DELETE ..LIMITATION OF .YEARS ON ASSESSMENTS FOR IMPROVEMENTS An Ordinance entitled - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 56(P) OF THE CHARTER OF THE CITY OF MIAMI BY DELETING THE LIMITATION ON THE NUMBER OF YEARS IN WHICH THE SPECIAL ASSESSMENT FOR IMPROVEMENTS SHALL BE REPAID FROM TEN (10) SUCCEEDING YEARS "OR SUCH SHORTER PERIOD" ADDING THE TERM TEN (10) YEARS OR SUCH PERIOD; AND SUB- MITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 5; REPEALING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILLTY PROVISION; DECLARING THIS ORDINANCE TO BE AA EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE :MEMBERS OF THE COMMISSION. was introduced by Mr. Plummer and seconded by Mr. Reboso for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Whereupon the Commission, on motion of Mr. Plummer, seconded by Mr. Reboso, adopted said ordinance by the following vote - AYES: Messrs. Plummer,.Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED GRDINANCE NO. 8178. 155 JUL 2 61973 79, PROPOSED CHARTER AMENDMENT - CHANCE TIME FOR DEADLINE FOR QUALIFICATION An Ordinance entitled - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY ADDING TO SECTION B OF THE CHARTER OF THE CITY OF MIAMI A PROVISION THAT ALL SUCH QUALIFYING FEES SHALL BE fFnOSITED WITH THE SAID CITY CLERK NO LATER THAN 6200 P.M. ON THE 45TH DAY PRIOR TO THE ELECTION; AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS• OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER Z., 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 6; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR/FIFTHS OF THE MEMBERS 0e TIE COMMISSION. was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Whereupon the Commission on motion of Mr. Plummer, seconded by Reverend Gibson adopted said ordinance by the following vote - AYES7 Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8179. 156 JUL 261973 80. MAKE PROVISIOK FOR SPECIAL ELECTION FOR CHARTER AMENDMENTS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-627 A RESOLUTION MAKING PROVISIONS FOR HOLDING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE SIX (6) PROPOSED CHARTER AMENDMENTS FOR THEIR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID SPECIAL CHARTER AMEN- DMENT ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 15 OF THE CODE OF THE CITY OF MIAMI WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH SPECIAL CHARTER AMENDMENT ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUB- LICATION OF THE ADOPTION OF THIS RESOLUTION AND TO CAUSE A CERTIFIED COPY HEREOF TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS.OF DADE COUNTY NOT LESS THAN 4S DAYS PRIOR TO THE DATE OF SUCH SPECIAL CHARTER AMENDMENT ELECTION (Here follows body of resolution, omi.ted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES:. Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 15 `7 J U L 2 61973 81, PLANNING AND ZONING PROCEDURES -HEARING CONTINUATION: Mayor Ferre: Let the record show it is 3:30 P.M. and we are taking up item 59. Professor, would you bring us up to date as to what you've accomplished in the last two weeks in you deliberations with the City Attorney and the Manager. And where is the re -draft that we were going to get. Dr. Bartley: Let me cover just what you have just suggested Mr. Mayor in a minute or so, then make a suggestion which may meet the approval of the Commission. You have in your hands, you've all been provided with I think from Mr. Simpson's office a revised draft of the proposal, which reflect first of all the materials that were presented in memoranda by the City Manager's office, the City Attorney's office, Mr. Simpson and we met and we went over line by line the original draft on which you have been working, and we incorporated into that draft all of the tentative decisions which this Commission had taken today, we have done a full editing job. The new draft is now entitled 'Draft 25, May,1973' then revised 18 July, 1973, It contains nothing by the way of new material. Nobody has tried to slip anything in here. It does represent reorganization, for example, the tentative decision that this Commission took to establish a separate article on 'Notice' so that the material on notice now appears at another point in the draft. But I do give assurance to this Commission and to all the people here that there is nothing new substantively in this draft. There remains, and this is where 1 want to make my suggestion, Mr. Mayor, ---there remain probably some 15 or 18 points in the draft which for want of a better term we can call policy issue on which this Commission will have to have to take of course, some kind of action.My feeling, having sat here today is that we would probably be better advised,I think our heads would work better, and I think our decisions would be better, were we to make it a point of procedure on the 13th of September which I believe is your next meeting, Specifically to allow enough time on the agenda to get over these some 15 or 16, 17 items of policy. I also call to your attention, for the purpose of the record, that there were a considerable number of people here this afternoon, of course found it was necessary for them to leave, and I am sure that this Commission will of course want to afford those individuals a full opportunity to make such comment as they may wish to make. I do feel that since they ----you do have a revised draft here, and since this revised draft has not been available until the last day or so, generally to the public, that perhaps this suggestion of mine, about the 13th of September, even though it may delay a potential passage of this ordinance by a couple of weeks, I suggest Mayor Ferro, and members of the Commission this might be the wiser course. Mrs. Gordon: Professor Bartley, would it be possible that the 15,16 or 17 points which will need policy decision be listed and given to us for our consideration in the interim period of time so that we may reading and studying this draft be able to have a more or less idea of how we felt about those points prior to the September meeting. Dr. Bartley: I think this is possible on some of them, Mrs. Gordon. On others of them, quite frankly, while they are matters of policy they also would require some explanation on my part for appreciation of technical understanding. For example, and I'm not suggesting that we take this of now,but i want to point out something of that, a matter of that nature on page 13, line 15 and 16, this a matter of policy 158 7/26/73 yes, ----remember that your zoning board here in line 9 is serving in a legislative capacity in recommending rezoning or not recommending the rezoning of property. That is legis- lative in character. Starting with line 15, your zoning board is wearing a different hat. That hat is a quasi-judicial hat and the language there,'it shall serve as the quasi-judicial instrument for the hearing of appeals concerning interpretation or administration of the comprehensive zoning ordinance for variance and conditional use.' The City Manager's memorandum has raised some questions about line 16 in terms of the zoning board serving as an instrument of appeals from some interpretation of the building department. The first time I saw it I will admit that I couldn't quite understand why the point had been raised because nowhere in 20 years of experience here in Florida has this language had ever been questioned. Then I found out that you had operated under a little different procedure here in terms of an interpretation of the zoning ordinance by the building department so we'd have to get into some background here on this thing which I think it would be a little difficult to get into in a memorandum. This language'is the standard language for all of the zoning ordinances of the State,which I have any knowledge and I have knowledge of a good many of them, obviously in this point, Mr. Reese should however, and he certainly will want to comment that same point, is found on page 15 as well, lines 12 and 13 where the interpretation or administration thing comes up again. I am at your pleasure of course, ---- Mrs. Gordon: Dr. Bartley, having gone through this,these, various sessions with us you realize that on our regular Commission .meeting our time gets shortened so that we really become in- effective in making some of these very decisions for the lack of time. wouldn't it be a better idea to take a day in the month of September, let's say the 6th of September and use that day only for this purpose of finishing up the policy decision, then of course we logically move ahead but I think if we move ahead, but I think if we wait until the 13th and I know after having no meetings in August, this 13th will be no better than today has been and we will accomplish very little actual work. Dr. Bartley: I t:,ink you are absolutely correct, Mrs. Gordon. The real point of my suggestion was that I felt that we would not accomplish much here tonight and if this Commission in its wisdom should see fit to schedule a special meeting, for an entire day, I think that this would be an excellent idea. I would suggest to Mr. Rothstein and Mr.Turner and Mr. Simpson that if such a special meeting is to be scheduled and if such a special meeting is indeed to constitute a legal public hearing, that of course appropriate notice should be given, then I will leave that to them. Mrs. Gordon: I would then so like to move, if it is agreeable with the Commissions and the Mayor that September 6th be reserved specifically for the completion of the policy decisions that have to be made on this, and then they could be re -written which they would have to be, and then possibly the 13th we could have the first reading. Mayor Ferre: I agree to that if everybody else does. Mrs. Gordon: Then I move it. Dr. Bartley: What time, Mrs. Gordon? 159 7/26/73 Mrs. Gordon: I would say 9:00 o'clock in the morning when we are thinking clearly. Mayor Ferre: Make it 10:00 o'clock please. Dr. Bartley: Thank you, Mayor Ferre. Mayor Ferre: Would you like me to make it 11:00 7 Mrs. Gordon: Don't make it too late, because we break for lunch. Mayor Ferre: All right, 10:00 o'clock. Mr. Southern, City Clerk: Mrs. Gordon, is this to be an advertised public hearing? • Mrs. Gordon: Mayor Ferre: hearing. Mrs. Gordon: All right, ---- Yes, is it No, no, it should be, is a continuance of this public Mayor Ferre:We have a public hearing, we are just going to continue it, like it's been in the past. We haven't advertised every time. Mrs Gordon: Would we :gave a problem, Mr. Rothstein if we don't? Mayor Ferre: The word will get out, you know everybody who is here on this public hearing? f(ands? one, two , three, well, it is your job to spread the word to the rest of the committee and the world. Mrs. Gordon: Let's take a vote on the date. Mr. Rothstein: It certainly wouldn't hurt to have a courtesy notice published. Mayor Ferre: All riciht, have a courtesy notice published. Mrs. Gordon: I would recommend that. Mayor Ferre: Harold recommended publishing whatever it is, --- Mrs. Gordon: September 6, 1973, at 10:00 o'clock A.M., a one item agenda. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-628 A RESOLUTION TO CONTINUE THE FUBLIC HEARING ON PROPOSED RESTRUCTURING OF THE CITY OF MIAMI'S PLANNING AND ZONING PROCEDURES HELD THIS DATE TO A•SPECIAL MEETING TO BE HELD AT 10:00 O'CLOCK A.M. ON SEPTEMBER 6,1973 (Here follows body of resolution, omitted here and on file in theCity Clerk's office.) 160 7/26/73 Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mrs. Gordon: May I ask another question before we go on, ---if we are going to have a first reading on the 13th that would then mean that this item would have to be a dvertised for another public hearing, ---- Mayor Ferre: Do it at the same time you do the other one, -- MR. Rothstein: No, Ma'am, it would be on the agenda, -- regular agenda meeting like any other ordinance. Mayor Ferre: Okay, Mrs. Gordon: ---for the 13th, Mr. Plummer: Dr. Bartley, is your contract with the City for this consultant fee, sir does it include X number of dollars plus expenses for travel? Dr. Bartley: No. Mr. Plummer: Here, this man has come here all day, --- Dr. Bartley: I am going to charge you for the time. I am not going to charge for the travel. Mr. Plummer: I thought you were on an X number of dollars contract. Dr. Bartley: No. Let me explain the contract/ a nd Mr. Reese can correct me if I am wrong. There is a maximum amount Mr. Plummer, at so many.dollars per day. I do not charge the City for travel because of certain accounting problems and that sort of thing. We are, I haven't figured it, we are approaching that maximum amount because of the hours that have been devoted to it, however in the letter of contract, there was provision that if the hearings ran on excessively long and that kind of thing,then there would be some kind of mutual arrangement. Mayor Ferre: As long as Mr. Kaplan is not you attorney on time and a half we think we will come to an agreement. 7/26/73 161 • 1 82, HISTORICAL MARKER - COMMEMORATE LANDING OF MENENDEZ Mrs. Gordon: Mr. Mayor, I have a small item t.o tell you about. The Historical Association asked that I ask t,lis Commission for permission for the placement of a Historical Marker commemorating the landing of Menendez on Biscayne Bay in 1587, this to be placed in that triangle on Biscayne Boulevard where it circles and joins into S. E. 2nd Street. I am placing this before you because they have this very beautiful plaque to put there. I would like to move it. Mr. Plummer: Has this been before our committee? Mrs. Gordon: I think it has been and I think Mr. Reese you have had communication too. Mr. Reese: Yes, but I would like to bring to the Commission's attention that if you are going to put this beautiful plaque there, you give us enough time to go down and report back at the next Commission Meeting because that triangle might be one that is going to come out on this new transportation study. Mayor Ferre: That triangle may not be a triangle is what he is saying. Mrs. Gordon: Well it could he put there until its no longer a triangle. Mayor Ferre: Pass it as a motion of intent. The following resolution was introduced by Mrs. Gordon who moved this adoption: RESOLUTION NO. 73-629 ti RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION THAT A HISTORICAL MARKER COMMEMORATING THE LANDING OF MENENDEZ ON THE SHORES OF BISCAYNE BAY IN 1587 BE PLACED AT THE TRAFFIC ISLAND AT BISCAYNE BOULEVARD AND S. E. 2ND STREET AND RE- QUESTING THE CITY MANAGER TO INVESTIGATE THE FEASIBILITY OF SUCH LOCATION AND ALSO SUCH ACTION BE CONTINGENT UPON THE APPROVAL OF THE MEMORIAL COMMITTEE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None The City Manager reminded the City Commission about a meeting on July 30, 1973 regarding a review of Dade County Master Plan for information. 162 JUL 261973 • 83. FIXING SALARY DETAILS FOR PAUL W. ANDREWS WHEN HE ASSUMES DUTIES OF THE CITY MANAGER Mr. Plummer: Mr. Mayor, can we at this time enter into discussion that was postponed from this morning? I have something in mind but its open for discussion and that is I think that we should set the salary of the new City Manager. Mayor Ferre: Go ahead and set it. Mr. Plummer: I would like to propose based on the schedule of the Yarger Pay Plan, keeping in mind Mr. Paul Andrews has been here with the City for a great number of years that we propose his salary in increments at the level of $42,200 and also to include the emoluments of the former manager as they stand. Mayor Ferre: How much is Mr. Reese making? Mr. Plummer: He is making 45. Mayor Ferre: There is a motion. Seconded by Mrs. Gordon. Any further discussion? Call the roll please. Mr. Southern, City Clerk: Mr. Mayor, could we clarify that remark about including the emoluments of the former Manager? Mr. Plummer: To include the emoluments of the former Manager. Mayor Ferre: That's just a fancy word for an automobile. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-630 A RESOLUTION FIXING THE STARTING SALARY OF PAUL W. ANDREWS, WHEN HE ASSUMES THE DUTIES OF CITY MANAGER ON AUGUST 17, 1973, AT $42,200.00 PER YEAR, AND TO BE IN INCREMENTS AS SET FORTH IN THE YARGER PAY PLAN SUBMITTED TO THE CITY; AND FURTHER PROVIDING THAT SAID PAUL W. ANDREWS, AS CITY MANAGER RECEIVE THE SAME EMOLUMENTS OF OFFICE AS WERE RECEIVED BY THE FORMER MANAGER, M. L. REESE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 163 R4, AUTHORIZE AGREEMENT - MEL REESE AND ASSOCIATES Mayor Ferre: What else have you got? City Clerk: We haven't acted on #61 yet. Mayor Ferre: All right, --- Mr. Rothstein: Before you do that, I would like out a resolution in which the City Attorney's office to you a recommendation for a contract to be entered Mr. Reese, --- Mayor Ferre: Who is the contract on ? Mr. I wish I Mr. new City with Mel with the to pass is giving into with Plummer: For the consultant, Mel Reese and Associates. had the concession on paper today. Rothstein: This is for the purpose of authorizing the Manager, after August 20th to enter into negotiations Reese and Associates Inc. for the consulting purposes City. Mr. Plummer: This is just to enter into the contract? Mr. Rothstein: This is in effect these are the terms as spelled out here z.nd if Mr. Reese, ---enter into negotiation, and if Mr. Reese, ----sorry about that, ---if Mel Reese and Assoc. Inc. accept these terms after August 20, and the new City Manager Mr. Andrews, is authorized to enter into the contract. Mr. Ferre: I first want to know whether the associates of Mel Reese Associate go home Mr. Reese? the other associate, --- Mr. Plummer: I want to know if we got a record check on them? Mayor Ferre: What do you mean,a record? Mr. Reese: I've had my record,--i can speak in behalf of Mel Reese and Associates. Mayor Ferre: You'd better not let Roxcy Bolton hear you say that. Mr. Reese:When I needed Roxcy Bolton this afternoon, she is not here. Mayor Ferre: I won't ask you why, Mr. Reese. -- Mx. Reese: I'll answer the question, and that was on this parking lot lighting thing. Mayor Ferre: I'm not going to ask you though. Okay, --- we have a motion before us, -- Commissions Plummer: I'll move it, --- Mayor Ferre: I want to make a correction if I could, on this motion. I think we ought to have a clause in there, Mr. City Atty that says that if Mr. Reese takes any other consulting jobs, that we have priority on his time. Mr. Rothstein: Let's amend that to be "I", --- Mr. Plummer: What is the wordhng on it. 164 JUL 2 61973 41 Mr. Rothstein: The wording will be, ---'in he event that Mel Reese and Associates, Inc shall be carrying out consulting activity for any other governmental body or persons that the first priority for the services of Melvin Reese of that consulting firm shall be to the City of Miami. Mayor Ferre: Is that acceptable to Melvin Reese Associate. Mr. Rothstein: He can't neg) tiOe with you now. He can't negotiate with you now. Mr. Plummer: We have a priority on his time. Mrs. Gordon: I have another question under "B". Mr. Rothstein: If he doesn't want to accept it then he has to come back to another commission meeting. Mrs. Gordon: Just the classification I would like to know, -- it says, payment shall be $25,000. per annum for up to 1,000 hours consulting services upon request of the City Commission, but suppose we don't use Mel's services for a thousand hours, and only use them for five hundred, is that adjusted? Mr. Rothstein: of taking this cons Reese as an officer of interest law, is might arise dealing understood what the of this resolution order to forego the Miami, that he has from the City. For may be you ask him that could take him take five weeks. No, Ma'am, because of this reason, as a result ultation, Mel Reese and Assoc. Inc and Mr. Melvin of that corporation, under the County conflict precluded from taking any consulting work, that with the City of Miami, and therefore, as I Commission was telling us to do for the purpose and a contract, he would have to know that in opportunity to take projects within theCity of a certain amount of guaranteed consulting work example because of Mr. Reese's expertise it a particular question, a particular consultation one hour, where any other consulting firm would Mayor Ferre: That brings up.a question, --- Mr. Rothstein: ---the point is, what you are doing, you are hiring him as a consultant for $25,000. a year. The only purpose of the thousand hours is No. 1 to make an outside limit on the time he has to spend, and No. 2 also, for billing purposes for the City for allocation to various projects, bond issues and funds, so you are hiring him for two years at $25,000 a year. Mayor Ferre: That brings up a question, what happens if Mr. Reese accepts a consulting service with the City of Ft. Lauderdale Ft. Meyers, Naples and the County and all of a sudden, he spends 1500 hours in those different services, what happens to the City of Miami? Mr. Rothstein: Well, if Mel Reese and Assoc do not provide for the consulting services as requested by the City Commission of the City of Miami, then there is a failure of consideration of a contract, and he is not entitled to continue on in the contract. He breaches the contract, --- Mayor Ferre: I want this on the record, --- Mr. Plummer: Is that covered Mr. Mayor, under the last item inserted, a priority? Mr. Rothstein: obviously, if he breaches the contract by not being responsive , then he's breached the contract, and the contract is terminated. 165 JUL 961973 Mayor Ferre: Okay, all clear, is there any further discussion? Is there a motion on this, ----resolution as amended? with Item I, -- Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-631 A RESOLUTION APPROVING TERMS AND CONDITIONS OF AN AGREEMENT TO BE ENTERED INTO BETWEEN THE CITY OF MIAMI, FLORIDA, AND MEL REESE AND ASSOCIATES, INC. FOR CONSULTING SERVICES; SETTING FORTH TERMS AND CONDITIONS OF SUCH AGREEMENT; DIRECTING THE CITY CLERK AND CITY MANAGER TO ENTER INTO SUCH AGREEMENT ON OR AFTER AUGUST 20, 1973 BUT PRIOR TO AUGUST 2?, 1973 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded b} Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Mr. Rothstein: Let me also point out the provision in here as a consultant, he and part of his job is not to be bound by the policy of the Commission. In other words, his job as a con- sultant, is to tell you what he thinks and he is free to say what he thinks, --- Mayor Ferre: Yes, we saw that. Mr. Rothstein: Okay, --- Mr. Plummer: You'd better believe that. Mayor Ferre: You didn't need that one with Mr. Reese's case. Anyway, I'm glad it is there. Mr. Plummer: Mr. Rothstein, just also since everybody is getting everything clear, do I understand that this now will be given to Mr. Andrews to negotiate? Mr. Rothstein: That's right. They have a specific contract prepared pursuant to the terms of this resolution. Mr. Plummer: And if it is agreed upon by both parties, it then is final and effective. Mr. Rothstein: If it is accepted by Mel Reese and Associates Mr. Andrews can execute it. 166 JUL 2 61973 • • 85, ORANGE BOWL IMPROVEMENTS PROGRAM - REFINED ESTIMATES Mr. Reese: I passed out before the Commission a budget estimate evaluation of the appraisals that we had,the estimates rather, that we had arrived at in the preliminary submission to the City Commission, on the plan for the remodeling of the Orange Bowl. I gave you a memorandum first of all explaining, what procedure we followed on the selection of a consulting engineer. This memorandum is self explanatory and will clarify any misunderstanding that anybody might have had how we selected an engineering firm. Mayor Ferre:Let's put that into the record,Mx. Southern, --- Mr. Reese's memorandum dated July 26, 1973 subject Orange Bowl improvements program refined, ---- Mx. Reese: Yes, sir this was just passed out, Mr. Southern, City Clerk: Yes, I have it here. Mr. Reese: I would like Vince Grimm to explain the variations in these estimates. Mr. Grimm, Director of Public Works: Mr. Andrews is going to hand out a sheet that was originally printed in the City's estimate,.the consultants in their report basically followed the same theme, so there is an easy comparison. If you will open your book to page 11, you can compare it with the white sheet we have handed out. Going quickly to the bottom, you will see that our total improvement program was in round figures $16,000,000. and Connell's in about $18,300,000. Now that is a little over two million dollars difference, most of this difference comes in their up -grading construction costs. Their report back here is more detailed and generally they have approached each item of estimating on two different basises, one by up -grading of construction indexes and another by more detail breakdown. I think myself that the comparison more or less would eliminate, even though it is greater, the fear I think that was versed to Mr. Reese it was impossible to up -grade the Orange Bowl for anything like $16,000,000. so the $18,000,000. is within this ballpark as far as I am concerned. Mr. Reese: Now one of the public questions that was raised on the estimate, we put a figure in the preliminary plan to say that an electronic scoreboard would be $600,000. It was never comtemplated that the City or the Orange Bowl would ever buy a scoreboard. It was contemplated at all times that we would get a sponsor to put this scoreboard in to pay for it and have the benefit of the advertising on it. So the $600,000. estimate is set aside. And that is going to be determined on what the individuals think that space is going to be worth. And that will set the price. Then the other aspect of it is a sky -deck room. It was always in the Flan brought forth that this could be carried out not as an item that would be paid for by public funds, but we could set up a finance arrangement for the individuals who rent these sky rooms to pay for them over a fair period of time and that each one of these rooms, if they are rented as a pro -rated cost would be a very, very adequate income and also a fair offer for the individual who would want to rent one or want to enter into the agreement, so this sky deck question 16'7 7/26/73 1 1 of $5,332,825.00 is something that is going to be subject to the fee that will be set for the building or for the structure. (inaudible question) Mr. Reese: That's what I am saying so any disagreement on our estimates on that sets it aside because it might end up to ----necessary to adjust the cost we thought we would have to have for those rooms. Mr. Plummer: In other words, what you are talking about in round figures is twelve,five is what we had to provide --- Mr. Reese: That is approximately what we are going to have to come up with in funding. Mr. Plummer: Mr. Reese, are you still of the opinion as you were before that these improvements can be made without a special bond or going to the ad valorem taxes. Mr. Reese: I suggested to the Commission at that time that some one proceed to renegotiate the power of franchise which is due in 1981, renegotiate it for a 30 year period because I don't think another power company is going to be established in the City of Miami and the revenue that would come in could be used to borrow money for a period of time and use the revenue of the Florida Power & Light Com nany franchise to pay off this $12.000,000. debt. Mayor Ferre: How much is that a year, Mr. Reese? Mr. Reese: I think this year we got $1,800,000. and I think there are six bond issues out against it now. Mayor Ferre: So how much did we place on that in your opinion, roughly speaking. Mr. Reese: I can't answer because it has been different years. Mayor Ferre: Would it be a million dollars? Mr. Reese: Oh, yes, it was more than a million dollars. Mayor Ferre: In other words, we have available to pledge? Mr. Reese: That we would have available to have pledged, yes, sir. Mayor Ferre: Certainly enough to pay for this. Mr. Reese: Yes, sir, but the big thing is,it is going to be very time consuming to negotiate this andthen this is going out on public referendum for the public to decide to accept this proposal on the franchise. Thee is a provision in our charter that an extension of the franchise has to be voted on, on public referendum. Mayor Ferre: When are we going to have the public referendum? Mr. Reese:The power company has to pay for it. Mayor Ferre: The power company has to pay for the public referendum? 168 7/26/73 Mr. Reese: Yes, the cost of putting it on the ballot. Mayor Ferre: In other words, if we call for a special referendum, the power company would have to pay for it? Could we piggy -back other things on it? Mr. Reese: Like the gas referendum? Mayor Ferre: I don't know, I like piggy -back referendums you know. Mr. Reese: No, I don't think so. Mayor Ferre: It would have to be strictly that? Mr. Reese: I am quite sure. Mr..Plummer: What is the next step Mr. Reese? Mr. Reese: On the Orange Bowl? The next step is a resolution I have here, Mayor Ferre: Before you pass that resolution, I can make my statement before I even see it. I think it is extremely important at this stage of the game that we take into consider- ation the users of the Orange Bowl, namely the Dolphins, the University of Miami and the 0. Bowl Committee, the main users becai:se there are others, and I think in the interest of peace and prosperity, which is our theme, that we give them an opportunity to in -put into the system, not to mention names, whatever recommendations and thoughts they may have, and there- fore I would like to do it this way, without even seeing that resolution. I would like to give the main users until September 13th to come up with specific recommendations. On September 13th then I would hope that we will charge the administration to proceed to have hearings with the main users, to have their recommendations submitted and if everybody comes to an agreement to start, or prepare to get bid documents under way for the earliest possible of awarding of bids whenever we are ready, whenever we work out the financing, and the other details to go to bids. What I don't want to do,and what I don't want to see , is one member of this commission, is for us to go to bid documents without giving the main users the courtesy and con- sideration of coming in with their advice and recommendation. Mr. Reese: This resolution Mr. Mayor, is for the authorizing the t,ity administration to prepare classifications to be sent out to engineering and architectural firms so that the first step is select your engineering and architectural firm and then have your users in-put)put in at that point. Mayor Ferre: Mel, I tell you, I really think if you do this you are going to have, ----then we have a problem we don't need.We don't need anymore emotionalism in this. Let's place those cards down on the table, ---you know what we are dealing with, --we are dealing with a lot of emotionalism, and I don't want to add any fuel to that emotionalism. I want to get down to the practical aspects of this and let Miami know, and let everybody in this community know that this City of Miami Commission is going to move ahead on this Orange Bowl. Now, we want in -put, we want everybody to parti- cipate, we want to give everybody a free and clear chance and I want this record to very clearly identify that so we don't have any problems. We invite the Miami Dolphins, specifically 169 7/26/73 • Mr. Joe Robbie, we invite the University of Miami, specifically Mr. Gene Cohen, we invite the Orange Bowl Committee in -specifically Dr. Field, Dr. William Field to come down to the City Manager's office to discuss these things with him,to come up with a recom- mendation, they are in your hand, in the administration, and hopefully we can come to some kind of agreement before we get involved in election process of architects and engineers, because I don't want to have a big blow-up in the beginning,and we are going to•have one in the end, and this Commission is going to decide what it is going to do at that point. But I don't want that decision, I don't want to have the war ended before the battle begins, so let's have the battle first, and then we will see what the war is going to be like, if I make myself clear. Mr. Plummer: What you are inferring Mr. Mayor is that we defer all action until the l3th. Mayor Ferre: No, I am not doing that. Here's my motion, ---- I move that a resolution authorizing and directing the City Manager to sit with the three principal users of the Orange Bowl, namely the Miami Dolphins, the University of Miami and the Orange Bowl Committee, to discuss with them their recommendation as to the improvements of the new Miami Orange Bowl, if they come to an agreement, the Manager, City Manager, is authorized and directed to receive proposals from architects and engineers, or professional consulting service, to remodel and improve the Orange Bowl Stadium, by furnishing planning and design services, (reparation of construction drawings and specifications and for the complete supervision of con- struction, should there be anv disagreement, that this matter be brought to the City of Miami. Commission on September 13 for final resolution. That's my motion. Mr. Plummer: Mr. Mayor, let me tell you something. You have got to be practical. I sat on that committee downtown with Walter Etling, Mr. Mayor I am going to tell you the practicality of the thing. These people came before, ---they were invited, including the Toros. They all came before that committee, and they made all kinds of words, but none of them would sit down and negotiate anything. Mayor Ferre: May I interrupt you sir, Mr. Plummer:. Sure, -- Mayor Ferre: J.L., I want to tell you something. I want to give these three groups every consideration and opportunity for them to come here with possitive in -put, ----if they don't do that, and they bicker, and they argue and complain, they knock; then we are going to move on alone. Mr. Plummer: Right off the bat, let me throw you out the first question that was brought np. Okay, then you will see what I am talking about. The representative of the Dolphins and the owner did not come, ----he sent his representative. He wanted to know how many years and at what price would they negotiate. Now, you are not going to give that prerogative to the City Manager, because the City Manager is going to say he is going to have to bring it before this Commission, and they are going to say, ---I'm telling this has already happened. They are going to say, we are not going to do anything or make any commitments until we know how many years at how many abllars,--- Mayor Ferre: You didn't read me, ----let me tell you something. 7/26/73 170 There is a very, very specific reason as to why a ---some people in this community want the Orange Bowl transferred to the County. Okay? Do you read me on that? Mr. Plummer:I read you. Mayor Ferre: I don't want anybody to ever say that this City of Miami Commission was unilateral, unfair, or arbitrary, in its moving forward with the Orange Bowl. Now, it may come, and I have a strong feeling unfortunately that it will come to this Commission making some very basic decisions as to how we proceed, but I don't want anybody ever saying we didn't open the door, the door is open. We welcome discussions, we welcome recommendations, we want them, possitive in -put, not negative destructive, criticism and once that is done, one way or the other, whether it happens or doesn't then I think this Commission can move forward. Mr. Plummer: Fine, I'll second your motion and hope for the shot in the dark. Rev. Gibson: All right, further discussion? Thereupon the following resolution was introduced by Mayor Ferre, who moved its adoF:.ion: RFSOLUTION NO. 73-632 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONSULT WITH THE THREE PRINCIPAL USERS OF THE MIAMI ORANGE BOWL STADIUM; NAMELY THE MIAMI DOLPHINS, THE UNIVERSITY OF MIAMI AND THE ORANGE BOWL COMMITTEE, TO DISCUSS THEIR RECOMMENDA- TIONS AS TO THE CITY MANAGER'S PROPOSED IMPROVEMENTS TO THE ORANGE BOWL AND IF AN AGREEMENT CAN BE REACHED THE CITY MANAGER BE AND HE IS AUTHORIZED AND DIRECTED TO RECEIVE PROPOSALS FROM ARCHITECTS AND ENGINEERS FOR PROFESSIONAL CONSULTING SERVICES TO REMODEL SAID STADIUM BY FURNISHING PLANNIN AND DESIGN SERVICES, PREPARATION OF CONSTRUCTION DRAWINGS AND SPECIFICATIONS AND FOR THE COMPLETE SUPERVISION OF CONSTRUCTION; PRO- VIDED HOWEVER, THAT IF THERE BE ANY DISAGREEMENT, THIS MATTER BE BROUGHT TO THE CITY COMMISSION ON SEP'LI:MBER 13, 1973 FOR FINAL RESOLUTION (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: NOne. WAS Mayor Ferre: I would like Mr. Reese, for the Manager's office, yourself or whoever you designate, to inform these three users tomorrow, personally by phone, or by registered mail as you choose, what the action of this committee was,so it is a matter of record, so they get a personal notification rather than just reading it in the newspaper, they know that we are inviting them to come here and talk. Rev. Gibson: Mr. Mayor, letter, or a telephone cal)) letter, so then nobody would instead of by phone, by registered followed by or with a registered say then, I didn't understand you 171 7/26/73 on the telephoror I didn't get the canal Mayor Ferro: I agree. That finishes t t one, right? 86, TRANSFER FROM CONTINGENCY FUND TO PROPER ACCOUNT $806.40 INVESTIGATIQN OF iL FIREFIGHTERS PRESENTLY ON DISABILITY PAYROLL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-633 A RESOLUTION TRANSFERRING FROM THE CONTINGENCY FUND TO THE PROPER ACCOUNT, FUNDS IN AN AMOUNT NOT TO EXCEED $806.40 FOR THE PURPOSE OF ENGAGING THE SERVICES OF RETAIL CREDIT COMPANY TO CONDUCT AN INVESTIGATION OF 72 FIREFIGHTERS PRESENTLY ON THE DISABILITY RETIREMENT PAYROLL (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 87, RECEIVE INFORMAL BIDS- OPERATION OF SUMMER YOUTH TRANSPORTATION PROGRAM The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-634 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN RECEIVING INFORMAL BIDS FOR THE OPERATION OF A SUMMER YOUTH TRANSPORTATION PROGRAM IN CONNECTION WITH THE RECREATION SUPPORT PROGRAM, AND FURTHER AUTHORIZING AND DIRECTING THE AWARD OF THE BID TO THE LOWEST BIDDER, A-1 BUS COMPANY, AT A COST NOT TO EXCEED $12,000 (here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 172 JUL 2 6197 • 88, MAKE APPLICATION TO NATIONALLEAGUEOF CITIES-U.S CONFERENCE OF MAYOR S - SUMMER YOUTH TRANSPORTATION PROGRAM The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-635 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN MAKING APPLICATION TO THE NATIONAL LEAGUE OF CITIES - U. S. CONFERENCE OF MAYORS, INC., FOR A $12,000 SUB -CONTRACT FOR SUMMER YOUTH TRANSPORTATION IN CONNECTION WITH THE RECREATION SUPPORT PROGRAM, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT SAID SUB -CONTRACT IN THE AMOUNT OF $12,000 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plumme-, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 89, MAKE APPLICATION TO REGIONAL OFFICE OF ECONOMIC OPPORTUNITY RECREATION SUPPORT PROGRAM The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-636 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN MAKING APPLICATION TO THE REGIONAL OFFICE OF ECONOMIC OPPORTUNITY AND ACC- EPTING THE GRANT OF $149,931 TO SPONSOR THE 1973 RECREATION SUPPORT PROGRAM AND FOR ENTERING INTO A COST -REIMBURSEMENT CONTRACT FOR CONDUCT AND ADMINISTRATION OF A RECREATION SUPPORT PROJECT ATTACHED HERETO AND MADE A PART HEREOF, AND FUR- THER RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ENTERING INTO A COST -REIMBURSEMENT SUB -CONTRACT WITH METROPOLITAN DADE COUNTY FOR CONDUCT AND ADMINISTRATION OF A RECREATION SUPPORT PROJECT ATTACHED HERETO AND MADE A PART HEREOF (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon,being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 173 JUL 261973 41111 !I! 90, PURCHASE BY iEGOTIATION- PARCEL NO.-LATIN RIVERFRONT PARK The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-637 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PUR- CHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO. 7091.4 OF THE CITY OF MIAMI LATIN COMM- UNITY RIVERFRONT PARK, AS DESCRIBED HEREIN, FOR THE SUM OF $50,375; AND ALLOCATING $55,000 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES PERTINENT TO THE ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 91, APPOINTMENT TO YOUTH ADVISORY BOARD The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-638 A RESOLUTION APPOINTING CHARLES NICHOLAS TO THE YOUTH ADVISORY BOARD (Isere follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 174 • • 92, MERGE YOUTH ADVISORY BOARD WITH YOUTH RELATIONS BOARD AND RENAME YOUTH ADVISORY BOARD The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-639 A RESOLUTION TO MERGE THE EXISTING YOUTH ADVISORY BOARD WITH THE YOUTH RELATIONS BOARD AND RENAMING THE NEW BOARD, THE YOUTH ADVISORY BOARD AND EXPAN- DING THE MEMBERSHIP OF SAID BOARD TO AT LEAST 15 AND POTENTIALLY 50 MEMBERS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 93, CITY MANAGER's REPORT ON MEETING WITH PANCOAST ASSOCIATES Mr. Reese: In keeping with the City Commission's wishes, I have met with Mr. Pancoast and his associates on two different occasions . Mayor Ferre: Mr. Pancoast would you please come forward. Mr. Reese: On each and every occasion, I endeavored to point out to him that we are very interested in getting a facility built downtown that is going to be representative of what this community has in mind as far as a functional building is concerned. I --felt that it would be to the advantage of the City if he would consider exploring and expanding his group to encompass and take in another group of architects and engineers that would be representative of having in-house capabilities that would not be assembled group as Mr. Pancoast. After the second meeting, Mr. Pancoast said that he and his associates would then go back and re-evaluate it and explore to see if the party that was suggested or the name that was picked out, would be acceptable. The letter that he has written. Mayor Ferre: Mr. Reese, for the record, I have submitted the letter so it is a matter of these proceedings and a part of these proceedings. Mr. Reese: The letter is written very carefully. It states something but doesn't say anything, so I think since Mr. Pancoast is here now, he has the privelege of saying what he undoubtedly intended the letter to say. Mr. Lester Pancoast: I am here representing a joint -venture, some of the partners of which have moved out of the warm corner of the room, there is also one employee among us. I think the letter says fully what we intended to say and that is that we believe again in the complete capability of the joint -venture, we are willing to negotiate and willing to work with any additional professionals whatever who are demonstratively lacking in our team. 1'75 JUL 261973 Among ourselves, we cannot decide who those people might be and so we are looking for guidance from you. If you have none to give us, we are anxious to get into negotiations and await the pleasure of either Mr. Reese or Mr. Andrews. Mayor Ferre: Mr. Pancoast, let me thank you and your associates for your patience. I think you have been incredibly patient. I think you have been here since the morning. Mr. Pancoast: There have been dramatic highlights which made it fully worthwhile. Mayor Ferre: Let me tell you Mr. Pancoast and the City Manager can speak well for himself. As I understand what he has been trying to do and I don't think you are going to find that this City Commission is going to recommend any firm. That is not going to happen. I am pretty sure of that, at least, it won't come from me. T think the point is this, and let me put it to you in the vernacular of things that I know. When I go to Venezuela or Puerto Rico, Puerto Rico Glass to put up a furnace to manufacture glass. There are people in Venezuela who can do that. I happen to think we are a little bit wiser in going to Wheaton or to some of the people who specialize in Glass Furnaces throughout the world and it simplifies things. Now what we have done recently is after a couple of trials of re -building furnaces and everytime you re -build a furnace, it cost 2 to 300,000 dollars, we have now associated some local people and I think one of these days now, they will know enough where we can depend on them in that particular subject. Now, when it comes to building an office -building which we did for that factory, we used good local architects because they are perfectly qualified. In the cement business for example, we have talked to a lot of engineering firms in Florida. Some.f them in Miami, there is a lot of good industrial firms in Lakeland and in Tampa who know a lot about phosphate mining and all this kind of stuff. 1'11 tell you when you are going to go for a couple of million dollars on a kiln in a cement plant and there is an awful lot of little details about whether the angle on that, and its experience, its the II% of the incline. They have been through it before, that in Dundee,Michigan it worked and in Detroit it didn't work and they know why it didn't work in Detroit because the weight conditions etc., and I don't 'mean to belabor the point but what 1 am trying to say is that this is perhaps the single mot important project that the City of Miami has had and it is a great honor and you will forgive me for saying so, but you got the unanimous permission from this City of Miami Commission to do this job. I think what the City Manager is saying is that look, Mr. Pancoast and Associates are our friends and we don't want you to make any mistakes because we don't want to make any mistakes and we want this not to be a good job but its got to be the best job and therefore even t!'ough we think you are proficient, excellent architects of great repute and great ahility and I know that for a fact personally, I know that, but we 1.,an• to make sure that in a 25 or 20 or 15 million building of rather complicated proceedings, that you have with you, someone who has trodden that path before. Someone who has the expertise to know that this room goes next to the other one because the wire should go and 1 don't know anything about Police Department's but 1 know that it's not the run of the mill building and I know that you can go up to cities in California, Oakland and in Canada and study what somebody else has done and I am sure you will and arc already doing that and if you have to go to Paris to find out what they did in Parjs,you are going to do that but its not the same thing studying what somebody else did as having had the experience of doing 1, 2, 5 or 6 or whatever it is of these specific projects and in closing, I think that there are architects and I am not going to presume to tell you who they are. You choose your own but you go find someone who has personal expertise on this matter of Police Stations and 1 think that is what Mr. Reese is- 17E1 JUL 261973 • Mr. Reese: Well I think that Mr. Pancoast and his associates are well qualified if they only had demonstrated or had the experience of doing something representative of the Police Station collectively altogether as a unit, this is really the thrust that I was trying to bring out that this is what I thought we were really looking for -and that is why I thought maybe they could associate with some other firm that has had this type of experience, then we would end up with having somebody else that has already made the mistakes and then we wouldn't at least get the same mistakes. Everybody is going to make mistakes. Rev. Gibson: Let me ask a question. Mr. Reese, I am in an awful position but when I offered the motion that this firm be selected, I was told at that time, they were competent, capable of performing. If they were then, they ought to he now and if they aren't now, I want to know why didn't they tell us. I would hop( Mr. Pancoast if you don't have the wherewithall, I mean the talent, that you will take to heart the suggestion. I am not arguing for or against but since I was the mover of the motion, I just want everybody to understand where I stand. Mayor Ferro: Father Gibson, let me put my 4 worth in again. The problem as I see it is not a question of whether thay have talent or don't have talent. These are very talented people. They are great architects. There is —no question about it. They have got the background and the specific projects to prove it. The problem is that we have in this case like getting together a brain surgeon and an open-heart surgeon and a general practicioner and that's all great but, this happens to be an operation in the hip. Now, we have a lot of great general practicioners in open heart surgery but that doesn't make them orthopedic surgeons,,see,and that's the problem. The problem is that we have a very specific task here and they can do it , I am sure, that a good brain surgeon could prbbably operate on a hip but I'll tell you, there are about 3 or 4 people in this country that specialize on hip surgery and if I am going to hr..ve my hip operated on, 1 want my local doctor involved in it but I sure want that fellow who is a master surgeon and does nothing but orthopedic surgery. Rev. Gibson: I have an internal medPcne man, a general practicioner and I think he is good and I had a hernia repaired about 2 years ago. He is not a surgeon but I didn't move until I even gave him the privelege oi'selecting that surgeon and whether the surgeon was good, had, or indifferent, 1 had some confidence in that internal medicine man and he said Father, this is my consultant. I.would want you to nave that privelege. I hope a man as smart as you, would take to heart seriously what we are saying, and if you do need that consultant that you won't hesitate. Mrs. Gordon: May I just give my opinion and its one of great confidence in the people we are talking to. I think that we are belaboring it. I know for certain and positive that if any additional help is needed, he will get it, we don't have to tell him. I honestly feel that we are belaboring the point. Mayor Ferro: I don't agree. I think its very important. Rose let me tell you something because I am very close to architects and I have a great amount of sympathy. You know, professional pride is something, lets be very very honest Lester. Nobody, especially people who are artists. An architect basically is a scientist but he is a half-breed between a scientist but you have the heart of an artist. Mr. Pancoast: There is a balance between the two. Mayor Ferro: The artist part of an architect and I think with complete justification, has a tremendous amount of pride. I think its good and I think its healthy but its very difficult, very difficult to be objective for anybody. I would rather look on it as a challenge and that's exactly the way you.look at it. I know that in your mind you are absolutely convinced that nobody is, can do as good a job because you are going to put your heart and soul in this job. 177 • This is going to be the biggest, best job you have had to date and you are going to be sure that you perform, now that's the artist. Mr. Pancoast: All of that is true Mr. Mayor. Mayor Ferre: If this were my money and I was putting up a cement plant or a kiln or a furnace in a glass factory, I would want to have that specialist along because I'll tell you when that molten glass comes down that pipe and that thing is off4" and that molten glass goes right through it, you got problems, and I don't want to find out 5 years from now that we made a mistake of the heart. Mr. Pancoast: We are very anxious to meet the consultants who you have already hired and who have provided the city with a program for the facility. Mayor Ferre: Did we hire someone? Mr. Reese: No, no. Stanford Research people. We have not hired anybody to be a - Mayor Ferre: Could they help in this? Mr. Reese: No no, they are the ones that are doing the entire survey and the development of the program at the Police Department from now to the year 2000 and they are the ones that also are coming up with a program which is what functions go within the building. Mr. Pancoast. Its terribly important Mr. Mayor and on which we would operate fundamentally. Now if we need exotic consultants in addition to that for special communications for example, we would be the first to reach out for those. Mr. Plummer: I have a lot of confidence in Lester Pancoast or I wouldn't have voted for him in the first place. Can we do this Lester or entertain this thought? That we defer this item of any further discussion or decision? Mr. Pancoast: Mr. Mayor, we didn't even begin negotiations. Mr. Plummer: That any negotiations be put off until after the meeting of September lath at which time, Mr. Pancoast will go over the list of firms recommended ar' if you feel that any of those can be of any benefit to you, you come back to this Commission and say so. if you don't feel that you need the help, then we know where we stand. Mayor Ferre: With an open mind, Lester. Mr. Plummer: I have enough confidence in Lester Iancoast that he is going to admit if he needs help and some of these firms could be of help to him - Mrs. Gordon: J. L., do you think he wouldn't use help if he needs help? And to hold up working on negotiations for the contract? Oh come on - Mayor Ferre: Obviously he doesn't if he is talking about it. Obviously Mel Reese doesn't if he has brought it up. Mrs. Gordon: I know but I said he would if he needed it and if he doesn't need it, he is not asking for it. Mayor Ferre: Well Mrs. Gordon, do you think Mr. Reese would have brought this matter up if he didn't have some concern? I think Mr. Reese, you have to speak up at this point and say what is on your mind. 178 JUL 2 61973 Mr. Reese: Well I have endeavored to say whats on my mind, that Lester Pancoast and Associates individually or in groups of two or three, they have performed on a number of different jobs but -collectively as Lester Pancoast and Associates, they have not worked together on one total job of the sgme size and magnitude that we are anticipating here and all I was trying to do is to endeavor to get them to consider of associating with someone that would be representative of having the expertise within their organization to perform a job of this magnitude or bigger. Now, the outfit that I made a suggestion of, I would like to withdraw that and like to pick up Commissioner Plummer's suggestion that we make the list available to Lester Pancoast. Let him go over this list and see if there isn't somebody on that list that can't make a contribution and then have Lester Pancoast and Associates sit down and discuss the possibility of getting together with that group and then proceed to negotiate the contract. That's all. I would strongly recommend that we ignore any suggestions I made. Mr. Pancoast: Mr. Mayor, I would rather not be confined to the list. Mayor Ferre: I agree with that. Mr. Reese: The only thing is Lester, this list is the people that were contacted state-wide that made the submission and there is some of them that are very representative and some that are not representative. Mayor Ferre: I understand, but I'ii tell you Mr. Reese. We have already chosen our architect and its Pancoast and Associates Architects. We have already chosen him. He is the general practicioner who may be doing some of the surgery himself. We don't know yet but we are asking him to go and get a master surgeon who specializes in this particular field. You find him. You come back with him. Mv. Plummer: I disagree with your statements to this extent. We have not chosen our architect. It is subject to negotiation. Mayor Ferre: He is saying we haven't finalized yet. We have chosen you subject to negotiation. That is technically right. Now you find the master surgeon you want to work with. Rev. Gibson: Wait a minute, Let me understand what you all are saying here now, maybe I am dense. I thought when I offered the motion that we were giving that man the contract. Wait a minute - Mayor Ferre: That's being changed right now Father Gibson. Rev. Gibson: No, no, no Mr. Mayor. I am the maker of the motion, let me speak to it. I must defend my motion. 1 am the maker of the motion and my understanding was that we were voting. You gave us a list of names and you said, this is a list of names. These people are qualified, pick anybody here because anybody here is qualified. Mr. Reese: No, the case was that I passed out this list to you and you opened the book and if I can quote you correct, you said Mr. Pancoast name is on here and you made the motion for Mr. Pancoast. The administration made no comment and we gave you the list of names of everybody who made a submission. We had previously supplied you with the list of all of the names we had sent out invitations to. Now a lot of the people didn't make a submission but the book that we gave you, in that book was a digest of the material that was submitted with each one of the submissions by the different architectural and engineering firms . There was no discussion beyond that point. Mr. Pancoast was here in the audience. Am I right on that Lester? Mr. Pancoast: No Sir, but people close to me were. I thought of it as not just a list of names. I think of it as a list of very carefully balanced teams. These people came in as collections. 179 JUL 261973 Mayor Ferre: We are not talking about your firm. HOW many were there, 21? Rev. Gibson: 21. Mayor Ferre: These are people who made submissions. Now I am going to tell you Lester that there were some people on there that I would under no circumstances have voted for and you know, they were there on that list because they sent an offering but that doesn't mean that they were qualified in my book. They are not in the same category as you. I don't want to belabor it. Mr. Reese: That is why I tried to state to the Commission right now that there were some people on that list that there was no doubt about their qualifications. They were some representatives made to us on that list that didn't meet the qualifications. Mr. Iancoast: My only point Sir, is that I didn't want to pick another - name on that list because what I would in effect be doing is. picking another whole team. Mayor Ferro: Lets cut through all of this now because I think we are down to a point where we can vote yea or nay as we want. Here is the way I understand this thing is heading. You arc going to come back with someone of your choice not limited to this list that is a specialist and you have to prove that he is a specialist and come up with his qualifications in this particular field that you are going to bring to the administration when you negotiate and finalize your contract and you have the expertise behind you to specialize in this particular field. Okay, is that the motion? Mr. Reese: Then we can proceed as soon as - Mr. Plummer: I would like to fror the clarification of Father Gibson. It was my understanding at the last meeting that we chose Pancoast and Associates and that no other firm could even be negotiated with .until some decision with Pancoast was made. Now Father Gibson, I 'will recall one thing to your memory that I was very very uptight about, that this Commission. That we go into negotiations without knowing how much we are going to pay a firm. Now I understand that there is this professional ethics that you can't discuss and you can't submit a price. I don't know that I wholeheartedly agree with that but, 1 still will contend that we do not set forth any price. We merely gave the right to the Manager saying, negotiate with Panco: t, no one else and come hack to this Commission. Mayor Ferre: Lester, do you disagree with this because Father Gibson is upset about this. Rev. Gibson: I sure am. I am not going to lie to you tonight. Mayor Ferre: Do you disagree with this concept? Mr. Pai co st: I'm not sure I understand the point. Mayor Ferre: Well the point is that we are asking you to come back with someone of your choice that you are going to find, search and come back with that has specific expertise in this field. Mr. Pancoast: Yes, I think that's possible for me to do. I think there are people who have sufficient experience who I could take on as a consultant and this to me is far more practical than going with another group of architects who would duplicate our abilities. This I think would he very unwise for us to do. Mr. Reese: Lester, don't pick the man that did the New York job that was 4 million dollars over and then it wasn't finished. Mrs. Gordon: Lester, if we didn't direct you in this manner, wouldn't you h. doing that anyway? Mr. Pancoast: Yes, I would be very anxious to find out how substantial the program was before I decided what kind of consultants I needed. Mrs. Gordon: Of course you would. 180 JUL 261973 Mr. Pancoast: But I don't know yet what that program is. I haven't seen it and I haven't talked with the consultant you already have working on it. Mrs. Gordon: This whole thing to me is a very belittling situation and I personally am very embarassed. Mr. Pancoast: I understand the motivations behind it. ,.I am not embarassed. Mr. Reese: Well it is not belittling or not befaulting the Pancoast and Associates one bit. It is misunderstood completely if its so assumed. Rev. Gibson: Mr. Mayor, .I hope I understand what I am voting on. If you don't think that you need a consultant or you don't need anybody to help you, my understanding is, we are not mandating him to get somebody. Is that right? I want an answer. Get me a ruling. Mr. Pancoast: Mr. Mayor, I'll want him as badly as you do if I find out - Mayor Ferre: We are just respectfully recommending. We will change the wording in this so its very clear that for the best interests of all involved that you seek someone to your liking that you can come to an agreement with between you and him, that's your problem. Okay? What kind of agreement you have is your problem but before you finalize here, we are recommending to you to find someone like that and that will he part of the final negotiations. Mr. Plummer: Before I sat on this Commission, this Commission chose an architect to build Miamarina. Unfortunately there was no marine experience in that architectural firm. Now if I am not mistaken, after that job was completed, this Commission had to go back and made some 70 or 80,000 dollars worth of changes that should have never happened. The tidal wave situation is still bad down there. Mr. Reese: No. Mr. Commissioner, please now. Let's not get that back in the record because its been proven that the stadium is filled and tt'e tidal is not affecting the water - Mayor Ferre: Okay Mr. Reese. When I go in a boat in there, I sure move around a lot. Mr. Reese : I'm sorry Mr. Mayor, but we have a waiting list to get into that Marina right now and that place has had a bad reputation and it was brought about from this platform up here. Mayor Ferre: It's full now, isn't it? Mr. Reese: Yes Sir. Mayor Ferre: I'm glad you mentioned that because I had forgotten about that but Lester that is a case in point. Now there is a case of a brilliant architect who is a very capable architect who because of professional pride and because of matters of the heart refused to accept the fact that he didn't know everything about and to this day, 3 months ago, he argued with me for an hour telli�.g me how everybody was wrong and how that was a perfect thing and there were no problems with it and the pier was the right size and the little skinny things they have there are all right because he saved 100,000 dollars and all those other things. Now, that man should have at the right time, gotten someone who is a specialist in Marinas and if he had done that, he would have saved us all kinds of aggravation as Mr. Reese said, we aren't through yet. 181 JUL 2 61973 • Mr. Plummer: Let the record reflect, reading from the minutes of May 24, 1973, let Resolution No. 73-391: A motion offered by Commissioner Gibson reads as follows: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH PANCOAST ARCHITECTS FOR DESIGN OF PROPOSED MIAMI MODERN POLICE FACILITY AND SUBMIT HIS RECOMMENDATION. Now there is a difference because Father Gibson was under the impression that we gave it to Lester. Mayor Ferre: No - Mr. Plummer: Am I wrong Father? Okay, so I want it for the record that I am reading from the minutes that was to negotiate. Mayor Ferre: We are nowhere near awarding this contract. Mr. Pancoast: It is very unusual that a negotiation process like this would break down. It almost never happens. These fees are in a fairly understood range and its just a matter cf- Mayor Ferre: I don't think that they will break down and this is the procedure that we have always followed as long as I can remember and T am sure you have been through this before Lester. Okay where are we. You have the gavel and I made a motion. Was there a second to the motion? Mr. Plummer: Second the motion. Mrs. Gordon: Nothing is going to delay going into contract. He is just going to furnish you the name of a consultant. Mr. Reese: We are going into negotiations and at the conclusion of that, your next Commission Meeting, we should have a contract for you to act on. Then Mr. Pancoast can sharpen his pencils. Mayor Ferre: We are just stating as a matter of policy what we want done, that's all. The following resolution was introduced by Mayor Ferre who moved his adoption: RESOLUTION NO. 73-640 A RESOLUTION DEFERRING FOR ANY FURTHER NEGOTIATIONS WITH PANCOAST ANI) ASSOCIATES, ARCHITECTS, TO PERFORM ARCHITECTIJRAL SERVICE FOR PROPOSED CITY OF MIAMI POLICE HEADQUARTERS UNTIL THE CITY COMMISSION MEETING ON SEPTEMBER 13 IN ORDER TO AFFORD AN OPPORTUNITY FOR PANCOAST AND ASSOCIATES TO DETERMINE WHETHER OR NOT IT FEELS A CONSULTANT OR CONSULTANTS MIGHT BE HELPFUL AND IF SO, TO NEGOTIATE WITI1 THE CITY MANAGER, A CONTRACT BETWEEN PANCOAST AND ASSOCIATES AND ANY CONSULTANT OF HIS CHOOSING (Here follows body of resolution, omitted here and on file in the City C1e:1(s Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES:, None 182 J0L 2 6 i973 94, PROPOSED CHARTERAMENDMENT - CITY MANAGER - DISCUSSION ONLY THE COMMISSION DID NOT ADOPT THI$ ORDINANCE Mayor Ferre: In digest form, this says Section 1SA of the Charter of Miami is proposed to be amended and to read as follows: REMOVAL OF CITY MANAGER - Section (a). The Commission having appointed the City Manager by a majority vote of its members, may remove him by a majority vote of its members providing that at least 30 days before such removal will become effective the Commission shall by a majority vote of its members, adopt a preliminary resolution stating the reasons for his removal. The City Manager may reply in writing and may request a public hearing which shall be held no earlier than 20 days or later than 30 days after filing of such request. After•such public hearing, if one be requested, and after full consideration of the Commission, by a majority vote of its members, may adopt a final resolution of removal. Mr. Plummer: Mr. Mayor, since you made your comments, may we ask what you are opposed to? Mr. Rothstein: May I just point out what has been changed here? You see a mark on the double spaced paper. That mark from there on to the end is exactly as it sets forth in the present charter provisions. the only thing left out is the word "Indefinite Term", because that is where the conflict is. "The Commission shall appoint by a majority vote of its members, the City Manager for an indefinite term" That's the way the Charter reads no,:. What I am saying is, the only change is the word in the removal portion of "Indefinite Term" has been stricken. There are 2 portions of the Charter. One much earlier which says, "The City Commission shall elect the City Attorney, the City Manager and the City Clerk etc etc. In Section 15 at the tep, it talks about; "Within 30 days after the Commission takes office, they shall appoint the City Manager" so there are 2 places which provide that after the City Commission's Elections every 2 years, they shall appoint a City Manager. That's no problem. Then they have another provision down below which talks about how a Manager may be removed only by notice, by hearing etc. etc. The only thing is, when they drafted it, they put in the words - "Indefinite Term". Mayor Ferre: Where is the other provision that is in conflict? Mr. Rothstein: Right at the top. Right at the top of that paragraph. Within 30 days - Mayor Ferre: Let me reverse this on you. If we wanted to change it in Vie opposite direction, then we would add the word "For an Indefinite Term" up at the top wouldn't we? Mr. Rothstein: Then you would have to determine at what time and with what Commission and with whac circumstances they would appoint him for an indefinite term. In other words, if a City Manager leaves two months before a City Election, do you want him with a lame duck Commission as your position was this morning? To be appointed for an indefinite term and in order for the new Commission to proceed to pick a new Manager, remove him under this process. Mayor Ferre: There are 2 ways of correcting - One is by removing from Section 15, sub -paragraph (a), the word "Indefinite Term',.that's one way of doing it. The other way of doing it is in the preamble paragraph to add, and by definition as you pointed out, the words "Indefinite Term" and describe if further. Mr. Rothstein: That is correct. 183 JUL 2 61973 Mayor Ferre: Now I want to state my position without having heard Mr. Reese and then he can state his. As far as I am concerned, I am not about to tamper with the system that,in my opinion has added strength to this City and to this community and I feel very strongly about it. I feel stronger about this than anything else that I have ever voted on in this City Commission or in the Legislature in the years I served in it and I tell you, well let me not go beyond that. Let me just say that I feel very strongly about it and if we are going to change anything, I want to change it to strengthen it even further. I am not about to tamper with that one. Mr. Reese: If you feel that there is a problem here and if you want to clarify it, I would strongly recommend as somebody who is supposed to be knowledgable in public administration and of the Manager form of government, that you make the change, if you are going to make any change that would eliminate the Manager being subject to an appointment every 2 years. Have the Manager appointed for an indefinite period of time and not re -appointed every 2 years. As long as you have the provision in there that the Manager can be dismissed and charges have to be shown, you are giving him a fair professional recognition but don't put him in the same category that you put political appointments because tue Manager is not a political appoin- tment. The Manager has to be a professional appointment and when you put it on a term basis, the only reason that in this Charter or any charter you put appointments up every two years is because it is a patronage appointment that may be made by the elected officials. That's why they had the Judges and in the history of the City of Miami, the Clerk position used to fall into this category and goodness knows the City Attorney position has fallen into this category in the past and I say., if you are going to change' it for the Manager, don't put it in that category because the whole theory behind your government is to have continuity in your administration and the only way you have it is not to put him or her in the position whereby it would be subject to appointment every two years. Mrs. Gordon: Well dust change the first portion and make it instead of, it says 30 days after, make the change up there. Mayor I=crre: 1 agree with that one, if you want to do it that way. Mrs. Gordon: Do it that way and we arc not arguing the principle. M ayor Ferre: Well I am - Airs. Gordon: We are only arguing that there is ambiguity in the way its written now. 'Mr. Rothstein: I have told you that in my opinion, there is no ambiguity. The Manager gets appointed every 2 years so that if you want, Mr. Reese takes a different feeling and if you.leave it alone - Mayor Terre: I would leave it alone and let the Courts decide it. Thats' my opinion. Now, you say its clear and you are our City Attorney and Mr. Reese disagrees with you and he isn't our City Attorney. If at any time it happens in the future, it will be tested in Court. Mrs. Gordon: Is it clear to you, the way its in the charter': Mr. Reese: It was clear to me because at that particular time I raised this identical question and the then City Attorney who is now Judge Balaban said , leave it in here because then you are getting a vote of confidence every two years. Now that was the whole purpose of it. Neither one of them looked upon that at the end of 2 years you are subject to being reappointed because you were actually appointed for every 2 years. Now, I am not sitting here as an Attorney. All I can tell you is what took place in the past and I have a pretty good file on this because I wasn't very satisfied with the way the end result came out. 184 JUL 2 61973 I have some pretty good legal opinions on it so I was - Mr. Rothstein: Since I am not going to be here after November, you don't have to do anything. Mayor Ferre: Al, you are an attorney and Mr. Reese is not but let me tell you something. You may be an attorney and Mr. Reese is not but I doubt very much if you have better legal documentation on this one than Mr. Reese. Mr. Reese: Well if everybody is charged with falsely representing themselves, then the lawyers better stop practicing administration because they are not qualified and they are not eligible. Mayor Ferre: This is your good-bye and we are not going to end it this way. Now does anybody want to make a motion on this? Or is this matter closed? Mrs. Gordon: Well if this is going to hurt the stability of the City of Miami's Government, certainly nobody wants to move it the way its written. Mayor Ferre: Now you have seen the light. Mrs. Gordon: No, I say if it does. Mayor Ferre: Oh, you haven't seen the light. Okay, make the motion. Mrs. Gordon: Let's go home. 185 JUL 2 61973 95, PROPOSE CHARTER AMENDMENT - FULL TIME CITY ATTORNEY An Ordinance entitled - AN ORDINANCE SETTING l'ORTH A PROPOSED CHARTER AMEND— MENT BY ADDING TO SECTION 21 OF THE CHARTER OF THE CITY OF MIAMI A PARAGRAPH CONTAINING: A PROVISION THAT TEE CITY ATTORNEY Oir THE CITY OF MIAMI SHALL BE A FULL TIME GOVERNMENTAL EMPLOYEE; SHALL NOT ENGAGE IN THE PRIVATE PRACTICE OF LAW; AND UPON HIS ELECTION BY THE CITY COMMISSION SHALL SERVE UNTIL THE TIME FOR THE ELECTION OF THE CITY OFFICIALS SPECIFIED IN SEC 4(c) OF THE CHARTER WHICH FOLLOWS THE NEXT GENERAL MUNICIPAL ELECTION; AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6,1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 1. REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERA— BILITY PROVISION; DECLARING TRIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR —FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Reboso and seconded by Mr. Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - 'AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Whereupon the Commission on motion of Mr. Reboso, seconded by Mr. Plummer, adopted said ordinance by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8180. 186 JUL 261973 • • 96, FAREWELL STATEMENT BY RETIRING CITY MANAGER M. L. GEESE Mr. Mayon, I haven't anything mope that 1 know o 6 other than 1 want to thank th.ie City Comm.ieeion Son aetow.i.ng me to be the hanabbek in th.ie community Son 134 yeane and 1 dare bay that .in .that 13 Z yeane 1 have been .in this chain, I think 1 have at -through more than 5000 Comm.izz ion Meetings. The SpecLat Meet.inge, Budget Meetings and eo on. 1 think .ite Sain to bay that. 1 won't bay how many meettinga that I sat through in other pFacee but I must admit one thing and I want to eomptiment you. There i4 never a duce moment. May I wash you the beet os everything. * * * * *'* * * * * * * * * * * * * ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION. THE MEETING WAS ADJOURNED AT: ATTEST: H. D. SOUTHERN City Ceenh RALPH G. ONGIE A.s6.ietan.t City M./Lk 9:55 P.M. THIS DATE. MAURICE FERRE Mayor 187 JUL 2 61973 Cli Tf OF MIAMI DOCUMENT INDEX MEETING DATE: JULY 26, 1973 COMMISSION RETRIEVAL ACTION CODE NO. _ ITEM NO. DOCUMENT IDENTIFICATION 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 COMMISSION AGENDA & CITY CLERK REPORT (19 pages) CREATING MIAMI COMMISSION ON THE STATUS OF WOMEN RESCINDING RESOLUTION NO. 73-520-APPOINT CITY MANAGER APPOINTING PAUL W. ANDREWS AS CITY MANAGER EXPRESSING CONFIDENCE OF CITY COMMISSION IN ABILITY OF PAUL W. ANDREWS AS CITY MANAGER APPRECIATION TO MR. WALTER ETLING AND MEr"BERS OF THE MAYOR'S COMMITTEE ON PARKS AND RECREATION METROPOLITAN DADE COUNTY PARK BOND FUNDS FOR DEVELOPMENT OF PARK AND RECREATION -CITY MIAMI CONFIRMING RESOLUTION NO. 73-500-CONSTRUCTION SHENANDOAH HIGHWAY IMPROVEMENT CONFIRMING RESOLUTION NO. 73-501-CONSTRUCTION SHENANDOAH HIGHWAY IMPROVEMENT SECTION B-H4365 VARIANCE -CONSTRUCTION- 64 N.E. 7TH STREET ACCEPT COMPLETED WORK OF MARKS BROTHERS COMPANY - CONSTRUCTION OF CORAL WAY SOUTH HIGHWAY CONDITIONAL USE-7 LEVEL PARKING STRUCTURE- 200 S.E. 2ND AVENUE PROPOSED NEW PLANNING AND ZONING PROCEDURES VARIANCE-CONSTRUCTION-1764 S.W. 3RD AVENUE CONDITIONAL USE-CONSTRUCTION-2329 N.W. 34TH STREET CONDITIONAL USE -AUTO PAINT SHOP-2530 N.W. 36TH STREET ACCEPT COMPLETED WORK BY FENCE MASTERS INC. FIRE STATIONS FENCING ACCEPT COMPLETED WORK-HOLLAND PAVING CO - CONSTRUCTION SOUTHERN DRAINAGE PROJECT E-27 ACCEPT COMPLETED WORK-FITZGERALD ENGINEERING CO. INC.-N.W. 17 AVENUE T.V. INSPECTION PROJECT R-73-566 R-73-569 R-73-570 R-73-572 R-73-579 R-73-581 R-73-582 R-73-583 R-73-584 R-73-585 R-73-587 R-73-588 R-73-589 R-73-590 R-73-591 R-73-592 R-73-593 0097 73-566 73-569 73-570 73-572 73-579 73-581 73-582 73-583 73-584 73-585 73-587 0098 73-588 73-589 73-590 73-591 73-592 73-593 IDOCU MENT4N DEX ITEM NO. DOCUMENT IDENTIFICATION 20 21 22 23 24 25 26 27 28 29 30 • 31 32 33 34 35 36 37 38 39 40 ACCEPT PLAT ENTITLED ELDA GARDENS SUBDIVISION - A SUBDIVISION CITY OF MIAMI AUTHORIZE CITY MANAGER DELIVER METROPOLITAN DADE COUNTY A DISCLAIMER AGREEMENT ACCEPT FROM ALLEN R. GREENWALD A COVENANT TO RUN WITH THE LAND DATED JUNE.7, 1973 NAMING BICYCLE PATH -THE SIEGENDORF BICYCLE PATH - THE RICKENBACKER CAUSEWAY ACCEPT A $23,645 STATE GRANT FOR CONSTRUCTION OF SIEGENDORF BICYCLE PATH ACCEPT HIGHWAY RIGHT OF WAY DEED-LEO PAUL LA ROSE-N.W. 30 STREET EAST OF N.W. 21 AVENUE ALLOCATING 1972 PARKS BOND FUND TO COVER COST APPRAISAL SERVICES PROGRAM PARES FOR PEOPLE PUBLIC HEARING-SIIENANDOAH HI•GHWWAY IMPROVEMENT ADDITIONAL PARE FACILITIES FOR THE CREATION OF FORT DALLAS PARK ADDITIONAL PARE FACILITIES FOR EXPANSION OF EATON PARK ISSUE DUPLICATE TAX SALE CERTIFICATE TO MARGUERITE LEWIN APROVING ONE YEAR EXTENSION EMPLOYMENT FOR PIO ZUCLICH-WATCHMAN FEDERAL GRANT APPLICATION DEPARTMENT OF JUSTICE - PROJECT "MANAGEMENT DEVELOPMENT PROGRAM" ACCEPT BID -INSTALLATION OF ASPHALT WALKWAYS DINNER KEY PLAN SOUND AMPLIFICATION SYSTEM FOR MARINE STADIUM - BOLT BERANEK AND NEWMAN INC. APPROVING EXTENSION OF EMPLOYMENT FOR CIIARLES I. BERRY -CUSTODIAN I FUNDS FOR JAMES DEMOS AND BOBBY DYKES -ATTEND THE WORLD BOXING ASSOCIATION CONVENTION-VENEZUELA ALLOCATE PUBLIC PARK BOND FUNDS TO EDWARD D. STONE AND ASSOCIATES FOR WATSON ISLAN PLAN SPECIAL CHARGE ACCOUNTS FOR HOTELS AND MOTELS IN MIAMI AREA FOR LEJEUNE GOLF COURSE CONDITIONAL USE -CONSTRUCTION GREYHOUND BUS TERMINAL - 950 N.E. 2ND AVENUE AMENDING RESOLUTION NO. 72-817-PROCEEDINGS WITH LOCAL 654-AMERICAN FEDERATION -EMPLOYEES R-73-594 R-73-595 R-73-596 R-73-597 R-73-598 R-73-599 R-73-600 R-73-601 R-73-602 R-73-603 R-73-604 R-73-605 R-73-606 R-73-607 R-73-608 R-73-609 R-73-610 R-73-611 R-73-612 R-73-613 73-594 73-595 73-596 73-597 73-598 73-599 73-600 0098 73-601 73-602 73-603 73-604 73-605 73-606 73-607 73-608 73-609 73-610 73-611 73-612 73-613 rf / DOCUM 1 NT'I 14 DEX ITEM NO. 41 42 43 44 DOCUMENT IDENTIFICATION ACCEPT BID -MARKS BROTHERS COMPANY -CONSTRUCTION VIRGINIA GROVE HIGHWAY IMPROVEMENT H-4358 SANITARY SEWER BOND. FUND FOR CONSTRUCTION OF SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316C ACCEPT BID -FENCE MASTERS INC. FOR THE EDISON AND WYNDWOOD PARKS -BASEBALL BACKSTOPS ACCEPT BID -HENRY DeGRAFF & SON FOR WYNDWOOD PARE COMMUNITY BUILDING ALTERATIONS 45 ACCEPT BID-D.M.P. CORPORATION -CONSTRUCTION OF CENTRAL DRAINAGE PROJECT E-29- 46 CONDITIONAL USE -PARKING LOT-160 N.E. 5TH STREET 47 PAYMENT TO TA TA JI."EENEZ AND MARIA JIMENEZ- CLAIM SETTLEMENT 48 RATIFYING THE SETTLEMENT DATED JULY 10-1973 IN ROBBIE ET AL. v. CITY OF MIAMI ET AL. 49 FIRMS SELECTED BY CITY OF MIAMI INVESTMENT COMMITTEE TO ACT AS MONEY MANAGERS OF FUNDS 50 NON -PARTISAN PRIMARY ELECTION FOR NOMINATION OF CANDIDATES OFFICES OF MAYOR AND TWO COMMISSIONERS 51 PROVISIONS FOR SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 1973 52 PUBLIC HEARING -PLANNING AND ZONING PROCEDURES 53 HISTORICAL MARKER COMMEMORATING THE LANDING OF DON PEDRO MENENDEZ-BISCAYNE BOULEVARD S.E. 2ND STREET 54 FTARTING SALARY OF PAUL W. ANDREWS-$42.200.00 CITY MANAGER 55 56 57 58 59 AGREEMENT BETWEEN CITY OF MIAMI AND MEL REESE AND ASSOCIATES, INC. TRANSFERRING FROM CONTINGENCY FUND TO THE PROPER ACCOUNT -SERVICES OF RETAIL CREDIT COMPANY ACCEPT BID -OPERATION OF A SUMMER YOUTH TRANSPORTATION PROGRAM APPLICATION TO THE NATIONAL LEAGUE OF CITIES- U.S. CONFERENCE OF MAYORS,INC. APPLICATION TO THE REGIONAL OFFICE OF ECONOMIC OPPORT'_'NITY 60 AUTHORIZE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO. 7091.4 161 ORDINANCE AMEND BY DELETING SECTION 15(a) OF THE CHARTER OF THE CITY OF MIAMI CONTINUED PAGE # OMISSION DEAR ACTION R-73-614 R-73-615 R-73-616 R-73-617 R-73-618 R-73-620 R-73-622 R-73-623 R-73-625 R-73-626 R-73-627 R-73-629 R-73-630 R-73-631 R-73-633 R-73-634 R-73-635 R-73-636 R-73-637 72-614 73-615 73-616 73-617 73-618 73-620 73-622 73-623 73-625 73-626 73-627 0099 73-629 73-630 73-631 73-633 73-634 73-635 73-636 73-637 0100