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HomeMy WebLinkAboutCC 1973-11-08 MinutesMIAMI CITY OMMISSION MINUTES OF MEETING ON 81973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 411 INDEX NO, MINUTES OF REGULAR MEETING _CXTY_CONMISSIoN .OF.MIAMI,FLORIDA SUBJECT 1. WAIVING READING OF THE MINUTES: 2. PL1QUES,PROCLAMATIONS, CERTIFICATES OF APPRECIATION 3. APPOINTMENT 10 YOUTH ADVISORY BOARD: 4. APPOINTMENT - STATUS OF WOMEN- VIRGINIA ESSEX 5. AUTHORIZE STATUS OF ,)MEN TO CONVENE AND BEGIN ACTIVITIES, 6. PERSONAL APPEARANCE-R.C. JENNINGS-PREFAB. FUSING IN DEL CITIES ARES: 7. TRIMMING OF TREES AROUND LIGHT STANDARDS: 8. CONDITIONAL USE-MIAMI BEACH AIR TRANSPORT 9. REVIEW OF CONDITIONAL USE -MECHANICALLY OPERATED PARKING STRUCTURE-BISC. BLVD AND 3RD STREET: 10. PROPOSED CHANGE IN ZONING -LOTS 1 & 2 BLK 60S MIAMI B-41: 11. COMMENDING FORMER CITY ATTY ALAN H. ROTHSTEIN:. 12. MODEL CITIES -DISCUSSION: 13. CHANGE ZONING-COND. USE-CULMER PARK SUB #1 H.U.D. 14. VARIANCE -LOT 10 BLK 42, S. MIAMI BLOCK 42: 15. VARIANCE -LOT 5, BLK 2 NATOMA PARK: 16. CHANGE ZONING LOT 8 BLK 6, GRAND VIEW PARKS 17. CONDITIONAL USE -PAN AMERICAN HOSPITAL: 18. PROPOSED CHANGE IN ZONING-JOSE M. UGALDE: 19. RETIREMENT SYS. AMEND -CREDITABLE SERVICE FOR MILITARY SERVICE: 20. REDUCTION OF UTILITY TAX ON INCOME TAX RETURNS: 21. ENERGY CRISIS -TELEGRAM FROM WHITE HOUSE: 22. CITY PERSONNEL WHO WORKED ON ELECTION: 23. PROCLAMATION TO ANNETTE SHAUGHNESSEY: 24. SWEAR IN CEREMONY FOR INSTALLATION OF THE NEW MAYOR F THE CITY OF MIAMI: 25. PERMIT AMUSEMENT RIDES-STS. PETER AND.PAUL CHURCH: 26. PERMIT FOR AMUSEMENT ROES -SPORTS DEVELOPMENT CLUB INC: 27. RECRUITMENT OF BLACK OFFICERS FOR POLICE DEPARTMENT: 28. APPRECIATION OF COMMUNITY RELATIONA BOARD -MR. SIMM: ORDINANCE & RESO. NO. 1 1 73-882 73-883 1st read. 73-884 73-885 73-886 73-887 lst read. 73-888 73-889 lst read. 73-890 73-891 54. 41 INDEX MINUTES OP REGULAR MEETING CITY..,COMMISSION_ .OP_ MIAMI, FLORIDA SUBJECT BOOZ-ALLEN - PRESENTATION MANAGEMENT AND PERSONNEL STUDY ORANGE BOWL IMPROVEMENT-PROV. FUNDS: PROPOSED APPOINTMENTS TO RETIREMENT'HOARD: RETIREMENT POSTPONNENT-WILTON P. SPENCER: ACCEPT. COMP. WORK PAINTING 0.BOWL SE QUADRANT: LEASE MAGNETIC TAPE/SELECTRIC TYPEWRITER BY PUBLIC WORKS: FREE USE OF BAYFT PARK AUD-DADE CO. COMM. ACTION AGN: DEFER APPOINTING ARCHITECT TO URBAN REVIEW DEV. BD: PLAT ACCEPTANCE - MARBELLA SUB: PLAT ACCEPTANCE-WEBSTER SUBDIVISION: PLAT ACCEPTANCE-NAGYMIHALY PARK: PLAT ACCEPTANCE -THE TREES: ESTABLISHING MINIMUM FEE FOR APPLN CHANGE IN ZONING AND APPLNS FOR VARIANCES: ALLOC FUNDS -TRANSPORTING STRUCTURE-CENTRO MATER AFTER SCHOOL CARE PROGRAM: ACQUISITION OF PROPERTY FOR EXPANSION OF VIRRICK PARK: ACQUISITION OF PROPERTY no. A-1003.1 ACQUISITION OF PROPERTY NO.A-1003.2 FOR EXPANSION OF CURTIS PARK: FOR EXPANSION OF CURTIS PARK ALCOHOLIC BEV. HOURS DURING WHICH SALES PROHIBITED: ACPTG COMP. WORK-N.E. 10 AVE. SAN SEWER MODIFICATIONS PHASE II 1972: O. BOWL CLEAN-UP AFTER GAMES: ACCEPT. HIGHWAY RIGHT OF WAY DEED: ST. CLOSING -HEARING DEC. 13,1973 NATOMA AND ALATKA STREETS: BID ACPTG. - O. BOWL SPIRAL RAMP REPLACEMENT PHASE III: BID ACPTG-CONCRETE POLES FOR MIAMI BASEBALL STADIUM PARKING LOT: BID ACCPTG.-DR. PROJ. 2-30: PROPOSED BID ACPTG-SALE OF CITY PROPERTY-BLK 5, KENWOOD: 73-892 8205 73-893 73-894 73-895 73-896 73-897 73-898 73-899 73-900 1st read. 73-901 73-902 73-903 73-904 lst read. 73-905 73-906 73-907 73-908 73-909 73-910 73-911 SOR: 52, 52 52 53 53 54 54` 55 56 56 56? 57 57 II ,1 INDEX MINUTES iP REGULAR MEETING CITY COM IISSION OF MIAMI FLORIDA ITEM NO. SUBJECT ORDINANCE & RESO. NO. 55 ACPTG. COMP. WORK -MOTOR POOL NO. 1 TRUCK PAINT SHOP ADD. 1973: 56. ACPTG COMP. WORK-MIMARINA RESTAURANT LIGHTING IMPROVE. 57 PLAT ACPTG. CULMER PARK SUBDIVISION: 58. BID ACPTG.DWARF COCONUT PALMS: 59. TREE -TRIMMING AROUND STREET LIGHTS: 60. WAIVE FEE FOR BASEBALL STADIUM-LOS CUBANOS LIBRES: 61. RETIREMENT BD ELECTION-CONF. ELEC. OF DONALD L PRINTZ: 62. RAPE VICTIMS -BE TAKEN TO HOSPITAL BEFORE INTERROGATION: 63. PARKING LOT LIGHTING ORD-SUSPEND ENFORCEMENT UNTIL AFTER HEARING NOV. 21,1973: 64. PENSION ADJ. FOR RETIRED PERSONS: 65. ESTABLISH TRUSTEES OF THE RETIREMENT SYSTEM: 66. RECRUITMENT OF BLACK OFFICERS FOR POLICE'DEPARTMENT: 67. DEDUCTION OF UTILITY TAXES ON INCOME TAX RETURNS: REQUEST TO USE ORANGE BOWL: 69. COMPLIMENTS TO CITY CLERK'S OFFICE -ELECTION NIGHT: 70. PROPOSED COND. USE MECHANICALLY OPERATED PARKING STRUCTURE: 71 PROPOSED PROCLAMATION TO FORMER MAYOR DAVID T. KENNEDY: 72. CONFLICT OF INTEREST WITH MAULE INDUSTRIES: 73.912 • 73-913 73-914 73-915 73-916 73-917 73-918 8206 73-919 73-920 65 65' 65- 66` 67. 68 72 73 74 76 77 80 81 81 82 to t'1 410 41/ dTNUTES. OF REGULAR I+U1'IN6 OF CITY COMMISSION OF MIAMI. FLORIDA ON THE 8TH DAY OF NOVEMBER, 1973, THE CITY COMMISSION OF MIAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE IN SAID CITY IN REGULAR SESSION, THE .MEE .IN WAS CALLED TO ORDER AT 9:30 O'CLOCK AIM, BY MAYOR UAVID T., KENNEDY WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: AYOR KENNEDY OMMISSIONER LUMMER OMMISSIONER ORDON OMMISSIONER IBSON OMMISSIONER REBOSO AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, 1, WAIVING READING OF THE MINUTES The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION TO WAIVE READING 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, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 2, PLAQUES, PROCLAMATIONS. CERTIFICATES OF APPRECIATION. (a) Mrs. Elizabeth Virrick appeared and made a presentation to Mayor David T. Kennedy in recognition of his efforts of creating and expanding the Boxing Program in the Coconut Grove area (b) Plaque presented to Mr. Earnie Seiler on the occasion of completion of his 40 years of service to the City of Miami (c) Mr. Ray Schulz and Mr. Lee Buckley appeared to receive a proclamation for " Youth Appreciation Week " APPOINT TO YOUTH ADVISORY BOARD - DONNA DU PREE The following motion was introduced by Mr. Gordon who moved its adoption: A MOTION APPOINTING DONNA DU PREE TO THE YOUTH ADVISORY BOARD Upon being seconded by Mr. Plummer, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None 1 NOV - 81973 • 4, APPOINTMENTa STATUS DP._WOMEN-_VIRGINIA Ess x The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION APPOINTING MRS. VIRGINIA ESSEX, 1150 S. W. 22 STREET, MIAMI, FLORIDA TO THE COMMISSION ON THE STATUS OF WOMEN Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None AUTHORIZE EXISTING MEMBERS OF COMMISSION ON STATUS OF WOMEN TO CONVENE AND BEGIN ACTIVITIES A MOTION TO AUTHORIZE THE EXISTING MEMBERS ON THE COMMISSION ON THE STATUS OF WOMEN TO CONVENE THEIR MEETINGS AND BEGIN THEIR ACTIVITIES Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None PERSONAL APPEARANCE - R1 C, JENNINGS SUBJ: ERECTION OF PREFABRICATED HOUSES IN THE MODEL CITIES AREA Mr. R. C. Jennings, 1140 N. W. 66th Street, a resident of the Model Cities area appeared and stated he was a long time resident of this area and explained he lived adjacent to empty lots which he had unsuccessfully tried to buy, that recently a sign was erected offering houses for sale and that he had called the number to ascertain the price of the planned houses and that he had been advised it would be a prefabricated house on a concreterslab. He complained that such structures would even be allowed in this area and said he noticed no such construction in Coral Gables or Miami Shores. He also advised the developer stated he already had a building permit. Mr. Ferencik, Director of the Building Department said that several years ago modular homes were built in the Model Cities area and an objection was raised on the grounds that additional housing was being introduced in an area that was already overcrowded with septic tank problems and as a result of a hearing, a resolution passed by the City Commission directing the Building Department not to issue any permits for modular homes in the Model City area and since that time, no permits have been issued for modular homes in the Model Cities area. He reported a conversation with a Board Member of Model Cities in regard to the type of home being proposed and stated they were not really modular homes built in a factory, describing this type of construction as component units erected on the site. He said legislation was passed which states that municipalities may not block construction of modular homes purely because they are modular but in spite of this, they had continued to inform persons who wanted to erect true modular homes built in a factory and moved to a site intact and placed on a foundation. NOV « 81973 He said there is a narrow line between modulars and components but this was the policy that had been followed and that when questioned by the Model Cities Board informed them that a permit could be issued for this type of building but would still not issue a permit to erect true modular housing. He described the aluminum construction of the units manufactured by a corporation headquartered in Miami as being of sound construction and not visually unpleasing Reverend Gibson expressed the desire that this developer stop all construction on these units until such time as the entire Commission has an opportunity to inspect the site, surrounding area etit. Mr. Lloyd, Assistant City Attorney stated if a legal building permit had already been issued, the developer had the right to proceed and that if a permit had not been issued, a stop order could be issued by the Director of the Building Department and that if the developer refused, immediate court action would have to be taken. The matter was tabled pending determination of issuance of a building permit. 7. TRIMMING OF TREES AROUND EXISTING LIGHT STANDARDS- DISCUSSION Mr. Plummer: Mr. Andrews something that is bothering me and I noticed on the bus trip and maybe needs action of this Commission to help you implement. Mr. Mayor, we have spent an awful lot of money to put good very fine lighting in this City and in a great number of cases, the lighting has now become to the effect of half of what it should be by virtue of tree clearing around the lighting. I think this City has to move now to keep that lighting up to 100% to instigate a program, not just of tokenism but a program that will go around and be a constant thing to keep the trees and other obstructions out of the way of this lighting. Mr. Andrews do you need some action of this Commission? As you expressed to me before that the monies that you had to work with as I understood your expression were not adequate to do the job that needed to be done. Do you need some action by this Commission to appropriate more monies so that you can set up a program and we can start on this thing? 17th Avenue in itself, better than half of the lights between S. W. 8th Street & coral Way are almost completely engulfed by trees. What do you recommend Sir? What tools do you need from this Commission to start the job and get it done and keep that lighting up to 100%? Mr. Andrews: At this moment, I can't fully respond to your questions. We have some things that we can do. There are, I believe, some monies that will be available to do a portion of the work we need to do to achi ve it to the extent that we discussed when we were out on our tour. I am not prepared to tell you fully at this moment what else we might need to carry out a really good program to get it under control at an early date. Mr. Plummer: Mr. Andrews, I don't want an early date, I want it to start now. Mr. Andrews: We can get it started now but we can't complete because we will exhaust our money rather quickly to carry it out in the sense that we discussed. We can start that, but then I will have to come back to the Commission and tell you what else we will need to carry it on from that point. Mr. Plummer: The reason I alp bringing it up this morning is - Is it possible, or would you'recommend that we maybe go to an outside company who does this and who are set up until the city forces can get themselves in a position to carry on the job? Mr. Andrews: Yes, that's possible. Mr. Plummer: If, so, how much money is going to be needed to get this program started today and get it back to where it should be so if you can come back and this Commission has to appropriate funds to do it, lets get it done. 3 NOV -81973 Mr. Andrews; I Ithink I could even come hack to you later this afternoon with a positive answer. Rev. Gibson: Mr. Mayor, since we are on lights and I know this is not an item. I was on that tour and one of the things that now bothers me in my mind is that there is an awful push now on to conserve energy and the realestate people raised some questions with us. I am not saying they are right or wrong but I would hope that we would now start thinking positively knowing what is being said about the energy crisis. The arguments they raised cause me to do an awful lot of thinking in the light of what is being said about the energy crisis. I hope I have been very polite in saying what I want to say and not that I am leaning toward anybody but I think its something we ought to have serious concern about. Mr. Francis: I am Daniel Francis, Model Cities Board. It seems we have an area in the negro section there that is far ahead of the energy crisis. They have been observing it for the past 20 years because you can hardly see yourself when you go through that place. It is consider- able area. I am speaking of the Liberty Square Housing Project. I don't know just where the City comes in on this but it is a disgraceful jungle that we have out there. You have to turn on bright lights when you drive from 67th Street where we have those bright lights over to 62 St. Its an area covered by 12.th Avenue and 15 th Avenue and 62nd Street to 67th Street N. W. Mr. Sofge promised many years ago that they would be doing something about this lighting. Thats a real crime area in there. The kids shoot out the lights in the area sometimes and you really, if you want to see something, you drive down 13th Avenue or drive down 14th Avenue and you can see a big bright light on 62nd Street and this dark corridor there and then a big bright light on 67th Street. Mrs. Gordon was saying she wanted to see this housing situation. That's something for you to see after dark and you will see that they are really observing the energy crisis because they don't use any out there. Mr. Andrews: I am well acquainted with the matter that Mr. Francis is speaking about and I will make sure that I personally meet with the housing people to discuss this with them. I have some tours set up - with Mr. Morris to go through the Model City area next week and spend a couple of hours in a car driving through that area to uncover the various physical problems to see what we could do about correcting them. Mr. Francis: I'll surely appreciate it and the whole community will. 8. CDNDITIANAL IJSE - IMIANII BEACH AIR TRANSPORT Mr. Dubbin: I am the attorney for Miami Beach Air Transport and we are here again on this item and I believe it is pursuant to a written request that I made to the Commission at the last meeting to the members of the Commission and the members of the administrative staff. In a nutshell, what we are requesting is that we are representing to the Commission that we are in complete compliance with all conditions imposed upon us and we are requesting that the resolution granting the conditional use be made permanent subject to review in event of claim of non-compliance. In other words, if we violate our conditional use, then we should be held to call for it but to appear before the Commission every 6 months is perhaps something we could do without for awhile. Mrs. Little: I am Mrs. Little and I would like to say that they are trying now. This is what we have been asking for for sometime and we are making progress. There may be a few places where might do a little better but we are well pleased with the progress they have made so far. Rev. Gibson: Beautiful, that makes me happy and I like to hear that they are trying.. Mrs. Little: The pump, I still feel that they could move that to where it would not be quite as noisy. Its some kind of pump they use for cleaning the buses. 4 NOV -81973 It's still quite noisy an4 still some of the employees are very noisy. am sure that could be controlled too. We just want the condition to be such that we might come back in case- Mr. Plummer: Mr. Vice -Mayor, this is under a conditional use. A conditional use within itself says that this Commission reserves the right at any time to bring people back when the conditions that are set forth are not being met. Because of the problems in the past, we have set this with a review of 1 year. I think now with the cooperation and it shows what can be done, that we make this just a straight conditional Use not subject to review unless complaints are received under normal circumstances under normal conditional uses Rev. Gibson: I'll move that motion. Mrs. Gordon: Second. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-882 A RESOLUTION EXTENDING "CONDITIONAL USE" AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (c), OF KARKEET SUB -DIVISION (43-45), IN CONJUNCTION WITH THE OPERATIONS OF MIAMI BEACH AIR TRANSPORT, INC., BEING THE SOUTH SIDE OF N.W. 11TH STREET WEST OF LEJEUNE ROAD, ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT, AS PREVIOUSLY GRANTED BY RESOLUTION No. 43155 ON JANUARY 20, 1972, AND PROVIDING FOR THE CANCELLATION BY THE CITY COMMISSION IF THE APPLICANT VIOLATES ANY OF THE PROVISIONS HEREIN (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 Kennedy. NOES: None 9, REVIEW OF CONDITIONAL. USE- MECHANICALLY OPERATED PARKING STRUCTURE BISCAYNE BOULEVARD AND THIRD STREET Mr. Melvin Bratten, Attorney representing Mr. Carlo Barressi, the appl::rant, appeared. Mr. Bratten: We are here today to determine the fact that we are in compliance. Mr. Ferencik: They are in compliance with the exception of one issue which we are willing to withdraw from until we have had the opportunity to further review it. It relates to a vending machine. We have recommended that the Commission continue the permitted use. Mr. Plummer: #1, I don't think that the vending machine is so out of place. I think you could take it off the corner where it sticks out as a sore thumb and put it somewhere else. You could still have the use of the vending machine, I don't see anything wrong with it but you could put it over against the building or against the shed, just re -locate it. Mr. Bratten: That is our intention. Mr. Plummer: #2, I drove by there yesterday and I realize this man has an awful time because people pull in there and its not his fault but this Commission has to operate on public relations. We have to deal with the public. The signs that he still has there are multiple. His signs are many. I believe that he could say everything he wants to say in one dignified sign which would comply him with the law is somebody does something illegal and he throws them off which is well within his 5 NOV *81973 to legal right to do but i think he could do it with one sign rather than 3 or 4 signs because a sign anyway you like it is still a sign, its on the Crossbar of the barrier, on the pole. Mr. Bratten: The signs in the lot are all mounted on one pole. Mr. Plummer: They weren't day before yesterday Sir. There was a sign here and a sign on a temporary barricade. One sign could say everything he has to say and 1 realize he has problems and I am hoping the man will take that into consideration. Mr. Bratten: Commissioner, we will discontinue the use of the sign on the barricade. Mr. Plummer: Let's word it a little bit differently. Let's word it that the man will put a sign on the premises to say what he needs to say .and be in compliance because here again, if we approve this today and tomorrow, I go down there and find 4 or 5 signs on that property again, I am going to be a little uptight truthfully. Mr. Bratten: We will comply with that. The one sign will contain everything we have to say. Mr. Plummer: Mr. Mayor - Mr. Bratten: I would at this time make the same request that Mr. Dubbin immediately previous to our appearance and that is that rather than make this a conditional use that would come back for review at the end of a year, we might handle this conditional use in the same manner that we are handling that one. Mr. Plummer: Let me answer for one Commissioner Sir. Under no circum- stances and I will tell you why. Mr. Dubbin has been here and this is a thing that has been worked out between him and the objectors over a 3 year period and it has been worked out to mutual benefit. I'll be here next year and if this man has shown good faith in a period of 1 year, yes sir, I will move to remove the review but at this time because this didn't come about easy. Mr. Bratten: We don't have any objector and we haven't any problem with neighbors. Mr. Plummer; I understand. I was an objector as well as the Building Department so we will give you a grant now for 1 year subject to review and I will tell you that at the end of a year, if you have Ahown good faith, I'll move to lift the review. I will move Mr. Mayor that subject to the 2 stipulations that has been agre,d upon by the gentleman, the relocation of the vending machines and compliance with one sign, I will move this for a period of one year, sir, subject to review. Mayor Kennedy: Any objectors on this item? The Chair see no objection it has been moved by Mr. Plummer, is there a second? Seconded by Mrs. Gordon, call the roll. City Clerk Mr. Southeru:Mr. Mayor is this a motion to instruct the preparation of this because this is not prepared? City Atty John Lloyd: We will have to prepare it according to this because this is something new. City Clerk Mr. Southern: I don't believe it requires a roll call. Unidentified person; You are approved for one year. Mr. Bratten: Thank you, Mr. Mayor and Commissioners. 10.PROPOSED CHANGE IN ZONING -LOTS 1 & 2, HLK 60S MIAMI (B-41): Mr. Simpson: Mr. Patterson visited in my office yesterday. He indicated to me that he and his architect have drawn up 10 different designs for the use of both parcels he owns for one apartment structure. They have 6 11/8/73 • been unable to come up with a design that Meets the requirements of the review by the various departments. He said he would think a bout 'but if he was not here this morning, I should inform the Commission that he has completely withdrawn the public hearing that is before this Commission. Commissioner Plummer: Dave, aren't we in a position that only he can make that request in writing? Mr. Simpson: I am telling you what he told me yesterday. I can follow that up with a confirmation by, --- Mr. Plummer: Mr. Mayor, I think it would be appropriate that we defer item #8 and let him make his request for a withdrawal in writing, and I'll so move that it be deferred for that reason. Mayor Kennedy: It has been moved by Mr. Plummer, seconded. by Mr. Reboso, call the roll. City Clerk Southern: Mr. Plummer, 'Yes', Mr. Reboso,---'Yes' Mrs. Gordon, ----"Yes',----and Mayor Kennedy, ----'Yes. RECESS: Mayor Kennedy announced a five minute break until Father Gibson returns. The Commission reconvened with all members present. 11. COMMENDING FORMER CITY ATTORNEY ALAN H. ROTHSTEIN: Mayor Kennedy: I would like to move a resolution commending Alan Rothstein for superior efforts as City Attorney and exceptional performance on behalf of the City of Miami and its citizens: RESOLUTION NO. 73-883 A RESOLUTION COMMENDING ALAN H. ROTHSTEIN FOR SUPERIOR EFFORTS AS CITY ATTORNEY IN EXCEPTIONAL PERFORMANCE ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS WHEREAS, Alan H. Rothstein was originally appointed the City Attorney of the City of Miami in November of 1967 upon the faith of his outstanding legal ability,and WHEREAS, because of his achievements in directing the Law Department of the City of Miami, and as City Attorney for the City of Miami, he was reappointed for three successive terms of office. WHEREAS, under his leadership and supervision during his tenure of office, there have been many superior achievements accomplished by the Law Department of the City of Miami,and WHEREAS, the City Attorney,Alan H. Rothstein, has cooper- ated with the Secretary of State of Florida in the anti -pollu- tion campaign to clean up the Miami River, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI: 1.That Alan H. Rothstein is hereby commended for his superior efforts as City Attorney,2. the deep appreciation of the City Commission, is hereby expressed to Alan Rothstein for exceptional performance on the behalf of the City of Miami and its citizens and, 3 --that City Clerk is hereby directed to spread this resolution on the Minutes of the City Commission. Upon being seconded by Mr. Plummer,the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Kennedy. 7 11/8/73 Mayor Kennedy: Alan, we have this drawn up for you, and we pttt in a plaque for you so it will Match the wall of your office. Attorney Alan Rothstein: Thank you very much, I really appreciate it. It has been a pleasure to work with all of you, and if you need me, I am here in town. 12..MODEL CITIES -DISCUSSION: City Manager: Before you consider #9, Mr. Mayarand Members of the Commission, do you want to consider the Model Cities matter so these people can have an answer? Mr. Ferencik, Director of Building Dept: I have had our records checked and we have issued the permit as the gentleman indicates r the man told we have done. I have had the contractors notified that we will not honor this building permit pending further action on the part of the Commission with the relation to the construction as soon as I get back to my office I'll confirm this to him with a registered letter. I'd like to suggest one thing in relation to Model Cities. We have this resolution in existence which is several years old in reference to modular housing question. I would suggest, if it could be done, that a resolution be passed which directs that all construction in the Model City area bear some stamp of review and approval by the Model Cities Board as a prerequisite to con- struction. This would then treat permanent construction and modular, or pre-fab construction, whatever you want to call it, in exactly the same way. This gentleman's observations relative to the undesirability of a four -bedroom house on a 106 x 40 ft. lot are certainly valid, but it would be no better if it was built out of CBS, than it would be if it was built out of the particular material we are talking about. So if, in fact we could require that all construction in the Model Cities area be presented to the Model Cities Board and bear some approval on the part of that body as a prerequisite to construction. Mr. Plummer: I don't think you can do it except in an advisory or recommending capacity. Surely this Commission has been told many times they cannot delegate their authority. Now, if you wanted to be run by them, first for recommendation, I guess maybe that could be done, but .surely we can't delegate the auth- ority of the Model Cities Board or any other board, precluding the authority of this Commiss ion. Mr. Ferencik: Well, as a recommendation then, that all of them will go there for recommendation. Mr. Plummer: the obvious question to me is, is Model Cities set up in such a manner that they could accomodate this type of thing. We could be talking about maybe 10 to 15 applications a month. Mr. Ferencik: No. We have had very little construction in the Model Cities area in recent years, very little. This would not represent, I am not suggesting that we would set alteration and modification and repair and that sort , Mr. Plummer: Let's do it this way, since you make your recom- mendation along those lines to us in writing, then we can sit down with Model Cities Board and get their in -put to whether they feel they can be of service to this Commission , and then if we go from there, fine, if they want to be an advisory, I see nothing wrong with that. So in other words, what we understand now, there is no action needed by this Commission, you have so notified the 8 11/8/73 • Man to atop, and you are going to follow it up in writing which will give us the two weeks necessary we need to go see and in- spect this facility. Unidentified person: Yes. Mr. Plummer: Now, you will then provide to this Commission, exact addresses of where some of these are now in existence and I would like to further recommend that if you could get and secure from the company some of their brochures to supply to each one of the Commissioners, that we could look over and read I think it also might be helpful. Mr. Ferencik: There will be two parties involved. Panelfab itself is not an erector. All they do is supply material. They sell their material to contractors for erection, in this par= ticular case there will be both Panelfab, who we will get the information from Mr. Plummer: I'm sure they put out a brochure. Mr. Ferencik: Right. We will get that for you. Unidentified Person: I want to tell the Commission this morning to listen to us in our plea, so we could keep our neighborhood the way it is, which we have tried so long. Mayor Kennedy: We appreciate you coming down this morning very much, and I think this Commission has been very leary of this type of construction, when Mrs. Range was here she took a leadership position, and we will be watching this very closely. 13. CHANGE ZONING -CONDITIONAL USE- CULMER PARK SUB. #1 H.U.D. Mayor Kennedy: Are there any objectors, on Item #9, A,B, or C part? There were three objbctors of record. The Chair sees no objectors, is there a motion? Rev. Gibson: Mr. Mayor, I am sorry, Mayor Kennedy: Show Canon Gibson abstaining,as he is a member of the Board. Give your name for the record, ----- Mr. Dan Rhodes: Dan Rhodes, representing Dade County Little H.U.D. An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSI- FICATION FOR TRACT "C"- "CULMER PARK SUB- DIVISION #1"-TENTATIVE PLAT #762-C, LOCATED AT THE NORTHEAST CORNER N.W. 7 AVENUE AN]) 8 STREET, FROM C-4 (GENERAL COMMERCIAL) AND C-5(LIBERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE) was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading, by title by the following vote - AYES: Messrs Plummer, Reboso, Mrs. Gordon and Mayor Kennedy.(Canon Gibson ab- staining) 9 11/8/73 The following resolution was introduced by Mrs. Gordon. who Moved its adoption: RESOLUTION NO, 73-884 A RESOLUTION GRANTING APPROVAL FOR WAIVER OF DEVELOPMENT OF 72 OF 336 REQUIRED OFF-STREET PARKING SPACES, PURSUANT TO ORDINANCE NO. 6871, ARTICLE XIII, SECTION 2 (6), FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY, IN CONJUNCTION WITH CONSTRUCTION OF HUD PROJECT #5-49 ON TRACT "C" "CULMER PARK SUBDIVISION #1"-TENTATIVE PLAT #762-C, LOCATED AT N.E. CORNER N.W. 7TH AVENUE AND 8TH STREET; PROVIDING FOR AUTOMATIC ONE (1) YEAR RENEWAL PERIODS; SITE ZONED C-4 (GENERAL COMMERCIAL) DISTRICT AND C-5 (LIBERAL COMMERCIAL) DISTRICT, PROPOSED TO BE REZONED TO R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. (Canon Gibson abstained.) The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 73-885 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6)(a), TO PERMIT EDUCATIONAL AND SOCIAL CENTER TO BE CONSTRUCTED ON TRACT "C" "CULMER PARK SUBDIVISION #1" - TENTATIVE PLAT #762-C, LOCATED AT THE N.E. CORNER N.W. 7TH AVENUE AND 8TH STREET, IN CONJUNCTION WITH HUD PROJECT #5-49, ZONED C-4 (GENERAL COMMERCIAL) DISTRICT AND C-5 (LIBERAL COMMERCIAL) DISTRICT, SUBJECT TO LANDSCAPE APPROVAL BY THE PLANNING DEPARTMENT, PROPOSED TO BE REZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT (Here follows body of resolution,omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboeo and Mayor Kennedy. NOES: None. (Canon Gibson abstained) Canon Gibson: I am glad you are very generous to the Housing Authority. Don't leave, you aren't through yet. We heard this morning the most stinging criticisim of the Housing Authority that I've heard since I've been here, that we are talking about the Energy Crisis all over the City, that they never had any energy. The Liberty City project is the worst lit area in the whole City of Miami. We think you need to go back to HUD, and I'm for HUD and tell HUD that when the citizens say about an agency, what we heard here this morning, we are awfully disturbed, and we aren't going to be quite as nice to HUD as we have been in the past if they don't make that correction. 10 11/8/73 • Now, 1 hope when you do all of this'do',that you just got this morning, that they won't Salk about HUD what was said by those citizens this morning. Can we get from you, in writing, about that lighting situation in Liberty City area? The man says it is the most crime infested area simply because there is no light. I want my other.Commissioner to tell you that that's what was said, or words to that effect. Don't think 1 am the only saying it, and I think it is a disgrace. Mr. Rhodes: I agree With you and as I understand that, if modernization had been available , and I believe the contract is to increase the lighting, ---- Canon Gibson: Would you write a letter to that effect,please. I'd appreciate that. Mr. Rhodes: Thank you. 14: VARIANCE' -LOT 10 BLK 42, SOUTH MIAMI BLOCK 42: Mr. Camilo Lopez appeared to request a variance to erect a fence on side, front and rear lot lines of Lot 10, Blk 42, South Miami Block 42. Mr. Plummer: Where is the objector who was here before? He is still here? Okay. After some discussion, Commissioner Plummer stated the palisade fence could be erected 5'foward from the corner of Mr. Lopez'house to the back of the house, in accordance with the sketch so outlined. based on the compromise of the two individuals that it is agreeable, and to the back of that house, and that said sketch would be a part of the record. Mrs. Gordon: Are you saying only on one side? Mr. Plummer: Well, Rose come here and I'll show you what I mean. In other words, they have compromised, the fence will go 5' from the front of his property and comes to the back of his house. Mrs. Gordon: That's all he wants? Mr. Plummer: He wants more --but that's the compromise. Mrs. Gordon: What else has he asked for? Mr. Plummer: He asked for the thing to exist from here (Indicating) back to here. Mrs. Gordon: What's the harm, wouldn't they ask what the harm is back here. Mr. Plummer: This is the controversy, from here to here, Mrs. Gordon: Eliminating it from here to here,---- Mr..Plummer: No, from here to here, Mr. Mayor, I so move the compromise position. Thereupon the following resolution was introduced by Mr. Plummer, who moved its adoption: 11/8/73 11 RESOLUTION NO. 73.-886 A RESOLUTION GRANTING A VARIANCE FROM ORD- INANCE NO. 6871, ARTICLE IV, SECTION 17 (2), TO PERMIT ERECTION OF A 6' PALISADE FENCE (4' PERMI TIED) ALONG A PORTION OF THE NE'LY LOT LINE BETWEEN A POINT 21' FROM S.W. 2nd AVENUE IN A SE'LY DIRECTION TO A POINT IN LINE WITH THE SOUTHERLY WALL OF EXISTING STRUCTURE, ALL IN ACCORDANCE WITH PLAN ON FILE IN THE PLANNING BOARD OFFICE, BEING LOT 10, BLOCK 42, SOUTH MIAMI BLACK 42 (1-87) , LOCATED AT 191 S.W. 18TH ROAD, SITE ZONED R-1 (ONE -FAMILY) DISTRICT (Here follow body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso Rev. Gibson and Mrs. Gordon and Mayor Kennedy. NOES: None. 15.VARIANCE - LOT 5 BLK 2'NATOMA PARK: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-887 A RESOLUTION GRANTING A VARIANCE FROM ORD- INANCE NO. 6871, ARTICLE V, SECTION 3 (3) TO PERMIT CONSTRUCTION OF SINGLE FAMILY RESIDENCE'ON LOT 5, BLOCK 2, NATOMA PARK (9-116), IOCATED AT 1767 WAKEENA DRIVE, WITH 2' REAR SETBACK (20' REQUIRED); SITE ZONED R-1 (ONE -FAMILY) DISTRICT (Here follows body of resolution, 0Mitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso Rev. Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 16. CHANGE ZONING -LOT 8 BLOCK 6, GRAND VIEW PARK: An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOT 8, BLOCK 6, GRAND VIEW PARK (5-58), LOCATED AT 1454 N.W. 14 TERRACE, FROM R-3 (LOW DENSITY MULTIPLE) TO R-C (RESIDENCE -OFFICE) was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. WAS: None. 11/8/73 12 17. GONDITXONAL,USE-PAN AMER/CAN HOSPITAL: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION 73-888 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE VIII, SECTION 1 (11)(c), TO PERMIT CONSTRUCTION OF ADDITION TO HOSPITAL ON TRACT A, PAN AMERICAN HOSPITAL SUB (76-66), LOCATED AT 5959 N.W. 7TH STREET, UNDER CONCURRENT PETITION FOR VARIANCE; SITE ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT (Here follows body of resolution omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, passed and adopted by the following vote Mr..Plummer, Mr. Reboso, Rev. Gibson and None. the resolution was - AYES: Mrs. Gordon, Mayor Kennedy. NOES: Mr. Jose Fernandez appeared to protest the granting of this Conditional Use to Pan American Hospital. Mayor Kennedy: Do you want to move B Mrs. Gordon? Mrs. Gordon:I want to ask a couple of questions on B, since this is dealing with a different item than A, will you explain how you, --what the situation is regarding the parking, what provisions there are going to be made and how and etc? Pan American Hospital Representative. What exactly is going to happen is, that we are going to get a net increase of 18 parking spaces, over what we have now. In other words, this gentleman's objection to some extent is going to be taken care of, because we are increasing parking spaces by this small addition to the hospital, only three beds really. We are working all the parking spaces, -----only with the ordinance, of course, to increase the number of parking spaces on entire property. We are still leaving the front of the property to grass and plantings and so on, not utilizing every bit of space, we are trying to keep most parking behind the building, but we are increasing 18 spaces. After it is all said and done, we would be short by 28 spaces under the ordinance as it exists now. When the hospital was built in its present form, it was in con- formity with the number of parking spaces, at that time. Now, when we want to increase, --put the storage area in, a warehouse type space, and three additional beds, that is the net increase in beds, we would be short under the new amended ordinance by 28 spaces. Mrs. Gordon: This what I wanted clarified so the records will reflect what we are discussing. The additional space will not bring additional cars, you are saying. Hospital Representative:The additions to the hospital at this point would not bring additional cars except for three beds in the hospital. Mrs. Gordon: You are providing more than three, ---- Hospital Representative; We are increasing 18 parking spaces. 13 , 11/8/73 Kra. Gordon: Over what you have now? So, in total it looks like you are providing less, you are providing more. Hospital Representative: We are helping this objector but he doesn't realize it. Mrs. Gordon: I have another question, since this is going to be if it is granted, would be on a conditional use for a year, you have grounds on premises that could be turned into additional parking, it would take away green space, but it could be if need, is that what you said? Hospital Representative: Yes, I dort know if we could get 28 •paces in that green area.I think that if within the year the objections were still present, and if the parking appeared to be inadequate, we would probably have to go to some sort of mechanical type of second level or something of that sort. Mrs. Gordon: In other words, we could grant this for a review at the end of a year. Hospital Representative: Yes, that is the way the Board passed it. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-889 A RESOLUTION GRANTING A VARIANCE FROM ORD- INANCE NO. 6871, ARTICLE XXIII, SECTION 4(8) TO PERMIT CONSTRUCTION OF ADDITION TO HOSPITAL ON TRACT "A", PAN AMERICAN HOSPITAL, SUB (76-66), LOCATED AT 5959 N.W. 7TH STREET, WAVING 28 OF 274 REQUIRED OFF-STREET PARKING SPACES FOR A PERIOD OF ONE (1) YEAR FROM DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AT END OF YEAR, UNDER CONCURRENT PETITION FOR "CONDITIONAL USE" APPROVAL; SITE ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT (Here follows body of resolution, omitted here and on :ile in theCity Clerk's office.) Upon being seconded by Mr. Plummer, passed and adopted by the following vote Mr. Reboso, Rev. Gibson, Mrs. Gordon and None. the resolution was - AYES: Mr. Plummer, Mayor Kennedy. NOES: Mr. Plummer: For the record, I remember in the minutes of the Planning Board, and just for the record I say, that you do have a letter of approval from St. Dominic's that they are in concurrence with your application. They have removed their objections? Hospital Representative: That is correct, they removed their objection, based on the plan we worked out, to their satisfaction. 18. PROPOSED CHANGE OF ZOMING_JUSE M. UGALDE: Since applicant Jose M. Ugalde did not appear, a motion to defer to Nov. 21 was introduced by Rev. Gibson, seconded by Mrs. Gordon, and passed by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Kennedy. NOES:None. 14 11/8/73 19. RETIREMENT SY8. AMENDMENT -CREDITABLE SERVICB FOR ACTIVE MILITARY SERVICE:. Mayor Kennedy: Since I am not going to be here this afternoon, I'd like to take up Item 28, on the military service, --credit for military service, Canon Gibson, I'd like to move that. Mrs..Gordon: I'll seconded it. Canon Gibson: Any discussion? Please call the roll. Mr. Plummer: This is on first reading by the way. City Atty John Lloyd: Move the ordinance on first reading. Mr. Plummer: Yes. An ordinance entitled - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED) AS APPEARING IN CODIFIED FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTIONS 2-89 AND 2-107 OF SAID CHAPTER 2 BY ADDING A NEW SUB- SECTION (6) TO SECTION 2-89 AND A NEW SUB- SECTION (4) TO 2-107, PROVIDING FOR UP TO A MAXIMUM OF FOUR (4) YEARS OF MEMBERSHIP SERVICE FOR ACTIVE MILITARY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, PROVIDED SUCH ACTIVE SERVICE WAS WARTIME SERVICE, THAT THE CHARACTER OF SERVICE WAS UNDER HONORABLE CONDITIONS, THAT THE MEMBER RECEIVING SUCH CREDIT HAS COMPLETED TEN (10) YEARS OF CREDIT- ABLE SERVICE AND CONTRIBUTED THE APPROPRIATE AMOUNT INTO THE RETIREMENT FUND; ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 1974 was introduced by Mayor Kennedy, seconded by Mrs. Gordon and passed on its first reading by the following vote - AYES: Mr.Reboso, Plummer, Mrs. Gordon, Mayor Kennedy and Rev. Gibson. City Atty. John Lloyd: May I make a note to the Clerk, the title on the agenda is the old title, it should' be passed by title pursuant to what the title is that each Commissioner has, and what the Clerk has. Is that understood, Mr. Clerk? City Clerk Southern: Yes, sir. Mrs. Gordon: What's on the agenda? City Atty Lloyd:No, no, the agenda has the incorrect title. The title passed is the one in your books, and should be passed according to that title. 11/8/73 15 to 20. REDUCTION OF UTILITY'_ TAX ON INCOME TAX RETURNS Mayor Kennedy: There is a resolution of the Dade County League of cities proposing legislation to permit the deduction of utility tax on income tax returns. Mr. Plummer, do you know about that? Mr. Plummer: No, sir I do not, I questioned this morning Mr. Andrews of who placed this before us, because I am not aware of it, and as representative I think it should have come through me. Mr. Andrews: Mr. Mayor, and members of the Commission I was unaware of this, and find that the Clerk received this in its form that's before you, through the mail and placed it before the Commission to bring it to their attention this morning. Mr. Plummer: Mr. Mayor, I move it to be deferred until I have time to study it and make my recommendation to the Commission. A motion to defer the Matter until the afternoon session of today's meeting was introduced by Mrs. Gordon seconded by Mr. Plummer, and was passed by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Kennedy. Noes; None. 21. ENERGY CRISIS -TELEGRAM PROM WHITE HOUSE: Mayor Kennedy: We are in receipt of a telegram from the White House, it says: "In my message to the Nation on our energy outlook, I indicated the course of action that the Federal Government will be taking to achieve our national goal. One measure I have all ready taken today by Presidential directive is to order that no federal vehicle shall be operated at apeeds of over 50 miles per hour except in the case of emergency. I am asking you and your proud leaders of State and local government to do likewise, to the extent of your authority by reducing the speed which our automobiles travel to 50 M.P.H. nationally we can achieve energy savings approaching one quarter of a million barrels of fuel per day. Further, I am asking Congress for emergency power which would include authority to reduce the automobile speed limit to 50 M.P.H. on all inter- state highways. Your cooperation and leadership are essential if we are to achieve our full con- servation goal. Thank you for assistance in this matter." I have read this into the record. If there is any action to be taken, or Mr. Andrews, you want to study this and report back to the Commission, this afternoon. Mr. Andrews will report back to the Commission this afternoon on that telegram. 22. CITY PERSONNEL WHO WORKED ON ELECTION: Mayor Kennedy: Before we adjourn for lunch, there was a list of City personnel who worked to the wee hours of the morning only for their dinner, I would like to read their names into the record, I understand they received no compensation but did this as a public service. 16 11/8/73 City Clerk, Mr. Southern: They are to receive compensation or compensatory time off, which ever they prefer. Mayor Kennedy: Okay, I got the wrong information. Mr. Plummer: Mr. Mayor, while you are on the subject, could I bring up a subject real quick like. We here at City Hall that were watching the returns did experience a great deal of delay, based upon a new concept of trying to cooperate with Metro. I think the direction of this Commission to the Clerk, and I think it is within the realm of good practice that we still go with the new system, but in fact we revert to the old system which allowed the Clerk of the individual precinct to call in the results here to City Hall and later can be certified by the envelopes. Mr. Clerk,do you need instruction from this Commission to that extent. Mr. Southern, City Clerk: I am going to do my best to have that happen next time. Mr. Plummer: Let's make it a resolution or motion of this Commission that we revert to the old practice of having the clerk phone the tally into City Hall and still of course with the cooperation to save the money for the unified system of counting the returns. I will be happy to offer that in the form of a motion so we could speed the system. Thereupon a motion to have election precinct clerks to phone in the results of election to City Hall after closing of polls, rather than wait to bring return sheets in, was introduced by Mr. Plummer, seconded by Mrs. Gordon, passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 23.PROCLAMATION TO ANNETTE SHAUGHNESSEY3 Mayor Kennedy: It gives me great pleasure to perform this, my last function as Mayor, because we are going to honor a young lady who has been with the City a long time, and who I happen to think is one of the greatest executive secretaries any Mayor in the country has, she is retiring, unfortunately for the in- coming Mayor, on Dec. lst. She has served under more Mayors I think than anyone in the City's history by far, I would like to read this proclamation and then have her come up here and Mrs. Gordon is going to pin the corsage on her. The Proclamation reads: WHEREAS, Annette Shaughnessey, following relocation from Pennsylvania,began employment with the City of Miami in the Citizen's Service Bureau in January, 1953, WHEREAS,the talents and loyalty of this dedicated individual were early recognized and was soon transferred as Secretary in the office of the Mayor, where efficiency and skill, were to serve a succession of Miami Mayors including Abe Aronovitz, Randall Christmas, Robert King High, Stephen P. Clark David T. Kennedy, Maurice Ferre and again David T. Kennedy, and this sincere and capable Annette Shaughnessey will retire in Dec. 1973 WHEREAS, it is highly fitting and these dedicated services shall be throughly noted and inscribed, NOW, THEREFORE, as Mayor of the City proclaim Thursday, November 8 Annette Shaughnessey Day in the City of Miami,' urge all our residents to give consideration to Annette Shaughnessey's long and distinguished career as Executive Secretary for many Mayors of the City of Miami, as well as 17 11/8/73 her untiring efforts and consideration on behalf of the members of this oounity to wish her well as she begins a new chapter in her book of life. (Applause) Mayor Kennedy: This Commission will be in adjournment until 2:00 o'clock P.M. but I understand there will be a ceremony here at 12:00 o'clock with the City Clerk. (end of morning session) DAVID T. KENNEDY MAYOR H.D. SOUTHERN CITY CLERK 24, SWEAR IN CEREMONY FOR INSTALLATION OF THE NEW MAYOR OF THE CITY OF MIAMI 12:2S P.M. Mayor Kennedy: Mr. Clerk, will you show the City Commission Meeting in session. It is a special City Commission meeting for the sole purpose of swearing in the new Mayor of the City of Miami. I am going to step out now and I am very proud that the City of Miami has selected a man like Maurice Ferre. I think he will be a great Mayor of this City. He knows the people and they trust him as was exhibited by the tremendous vote of confidence that he got and I think that he will continue to lead this City in a direction where the people will be the great beneficiaries and now Mr. Clerk, if you will come and administer the Oath of Office, to Mayor Ferre. THE OATH OF OFFICE AS MAYOR OF THE CITY OF MIAMI WAS THEREUPON ADMINISTERED BY CITY CLERK H. D. SOUTHERN The following statement was then made by Mayor Maurice Ferre: Mayor Ferre: With my family here with me, I want to first of all thank my wife and my children, my sister and my Dad and all of my family for the patience that they have had with me in my attempts over the years to be a public servant and which has come to fruition today as I have been sworn in as Mayor of Miami. I secondly want to thank all my friends that are here with me today and the many_ that are not here because it is impossible for them to be with us. for their support for their help for their confidence and encouragement, ---I want to be very emphatic in saying that my success at the polls on Tuesday was the work of many, many hundreds of people, that worked hard and diligently and went to campaign headquarters, and were on the phone for hours people walked, and knocked on doors and put up signs, people who made speeches for me, who endorsed me, who helped me, who did all types of wonderful things, all a part of the great political process in this great Nation of ours, and I am very proud of all of them, I am very proud of the vote I got, and I want all of you here with me today to know that I share this victory completely with you, because without all the walking and talking and hand- 18 11/8/73 iF fi r • shaking, we would not have been here today with this victory so the victory is as much a part of yours, and it is mine. I want to publicly at this swearing -in ceremony to thank my good friend Dave Kennedy for all of his help, ---I want to congratulate him for 12 years of hard and dedicated public service. The City of Miami has not had a more dedicated public servant than David T. Kennedy. Without his brilliant leadership we would not have gotten three bond issues passed, that passed Overwhelmingly, certainly higher than the standard throughout the nation. The most important one in my opinion, was the one in which he participated in as Mayor of the City of Miami was the bonds-- Parks for People, and this was a program which was a great benefit to all the people of Miami, that Dave Kennedy can take credit for leading it to victory. The lighting in the City of Miami, which has been such a deterent to crime, the great improvement in our sewer system, the piiiic buildings that have been built under his administration► and last but not least, in this list that I want to point out, even though I can sit here and rattle off, Dave, and I have a problem doing this for there many things I wanted to mention but in the interest of time I want to especially point out fire protection in this community of ours, which is un-equaled in the country. I think this is in great part due to 12 years of effort on the part of Dave Kennedy to make sure we had the best -employees in our Department, that they were properly com- pensated, that the pension plan was a proper pension plan, and this has all been the work of Dave Kennedy and he has been in- volved besides his City work in many State and National affairs. Reuben Askew, whose office said many times that Dave Kennedy was one of the strongest supporters that he had in the corporate income tax battle, and it was the efforts of Dave Kennedy that brought the corporate income tax to the State of Florida. :He has been a diligent worker for the rights of minorities. I don't think the Cuban community or the Black community has had a better friend in the last 12 years than David Kennedy, so Dave, as you leave office and I take over the office you so well carried these past years, I want to wish you my very best and wish you Godspeed in what endeavors you choose to follow and I hope you will be successful in whatever you do. Thank you, my friend Dave Kennedy. (Applause) Lastly, I want to thank my associates on this Commission, I served with them for four months as Interim Mayor, was very proud of the work that Mrs. Rose Gordon, Father Gibson, Mr. Reboso and Mr. Plummer and I did together as a team for the four months, and I want to say I hope that my administration will be marked by two simple things, ---one, that it will be an administration in the sunshine, with full participation of many citizens of Miami, func- tioning committees that will be effective working committees that will be diligent, and doing something for the people, and secondly, that I hope this administration will be catagorized as one dealing with people, because this is really what it is all about,services to people, and I pledge to all of you, that I will protect, safeguard and improve all the services and the City of Miami. Thank you very much. (Applause) I forgot I was Mayor. We are adjourned until 2:30 o'clock P.M. Thank you very much. 19 11/8/73 1 Mayor Ferre: Father, in effect, we really have a new Commission meeting here, because you have a new Chairr&n, I think for the record, and for my own personal edification and satisfaction, 1'd like for you to say a prayer for us, :And would like to have the Pledge of Allegiance one more time. rather Gibson:"Let us pray, Lord it is good for us to be here, it is our hope and intention that we will build for Thee and for mankind, grant that those of us who have been privileged to be chosen to serve Thy people, shall and will at all times serve them with singleness of heart and purpose, so that at the last day, as we shall give an account of our stewardship it will be well -pleasing in Thy sight, and to Thy Honor and Glory we ask." Father Gibson then led in the Pledge of Allegiance to the Flag. Mayor Ferre: I am brand new at this game, ----Mr. Southern can you give me a copy of the agenda? I am going to confess, but I really wasn't expecting to be here this afternoon. Mr. Plummer: Let me bring you up-to-date. We had got to the 2 P.M. agenda Item #15. The only thing we took on the back side of the agenda was #28 out of order. Mayor Ferre: We haven't gotten to Booz-Allen Hamilton? Mr. Plummer• We finished up to #15, not handled 15.1 have asked if it is, �rder take 18 and 19, these people have to leave. Mayor Ferre: Okay. #18. 25. PERMIT FOR AMUSEMENT RIDES- STS. PETER AND PAUL CHURCH: The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-890 A RESOLUTION AUTHORIZING THE TEMPORARY USE OF THE PREMISES AT 900 S.W. 26TH ROAD FOR OPERATING AMUSEMENT ACTIVITIES IN CONJUNCTION WITH THE ACTIVITIES OF STS. PETER AND PAUL CHURCH IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS AND THEREUPON FURTHER AUTHORIZING THE DIRECTOR OF THE BUILDING DEPARTMENT TO ISSUE A PERMIT TOME STS. PETER AND PAUL CHURCH FOR THE THREE-DAY PERIOD COMMENCING NOVEMBER 30, 1973, THROUGH DECEMBER 2, 1973 (Here follows body of reaolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolutio n w as passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. Noes:None. 26 PERMIT FOR AMUSEMENT EVENTS -SPORTS DEVELOPMENT CLUB, INC.: The following resolution was introduced by Mr. Plummer, who moved its adoption: 20 11/8/73 RESOLUTION NO. 73-891 A RESOLUTION AUTHORIZING THE TEMPORARY USE OF THE PREMISES AT 5801 N.W. 6TH COURT FOR STAGING AND CONDUCTING AMUSEMENT EVENTS IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS AND THEREUPON FURTHER AUTHORIZING THE DIRECTOR OF THE BUILDING DEPARTMENT TO ISSUE A PERMIT TO THE SPORTS DEVELOPMENT CLUB, INC. FOR THE EIGHT -DAY PERIOD COMMENCING NOVEMBER 21, 1973, THROUGH NOVEMBER 28, 1973 (Here follows body of resolution, omitted here and on file in theCity Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Rebosot, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. Noes: None. 27. RECRUITMENT OF BLACK OFFICERS FOR POLICE DEPARTMENT: Mayor Ferre: All right sir, your name and address for the record. Please speak into the mike. Mr. Miller J. Dawkins: I am Miller Dawkins, 1385 N.W. 50 Street, and this is Carrie Meek. Carrie Meek: Carrie Meek,6830 N.W. 28th Avenue. Mr. Dawkins: Mr. Mayor and Commissioners. the City of Miami was incorporated in 1896. A Police Department existed from that time until now. It wasn't until 1944 that Black uniformed officers were hired. From 1944 until 1960 they were separated, segregated and unequal. The Black officers used facilities on 2nd Court, --- Mayor Ferre: Mr. Dawkins,we have a long agenda, and in the interest of time, I am going to limit you to 5 minutes and bring this matter to a vote. Mr. Dawkins; In 5 minutes, the most I can say is that I am here because I feel it is time the City of Miami should help us in seeing thatnelack officer is moved up in the ranks to Major. We as a committee went to the City Manager who was receptive to the order, I mean to our demands, but for some reason he was hesitant to do it immediately. So we as a Committee would like to have the Commission and the citizenry of Miami to help us to get this done immediately. Mr. Plummer: Mr. Dawkins, really your being here I think is great, but really I think it is a pity that you have to be here because let me say this to you, it is not a matter really what this Commission does or does not do, as I understand it, you correct me if I am wrong, we are under a Federal court order that says it shall be done. Mr. Dawkins: You are right. Mr. Plummer: We don't have any choice. As far, as I am con- cerned, let's do it and get it over with. It is something that's been ordered by the Cout, is something that needs to be done, and let's do it. Mr. Andrews, do you have some thoughts on the matter? Put them on top of the table. Mr. Andrews: Mr. Mayor, and members of the Commission, very rapidly, Mr. Dawkins and his committee called on me, asked for a 21 11/8/73 meeting, the Chief and I met with him to discuss this matter and I told them very straightforward at the time we met that I had not had an opportunity to discuss this matter with the Chief, and that I asked for the privilege of doing so and that within 48 hours I would call them back and let them know of my decision. I did that and was very specific and very concerned about this matter, and was not relying, in fact had not studied the judgments of the Court on this matter and I didn't want to use that as a means for motivating the City of Miami to do something possitive. I informed Mr. Dawkins that the City of Miami would infect appoint a Black officer from the ranks to the position of Major, that we would do this as rapidly as possible but I wanted to have the privilege of not making the appointment any later than March lst, and I repeated that we would do it as soon before then as possible, but no later than March let. Mr. Plummer: Let me ask the question then. How many Black officer do we have? Mr. Andrews: I don't know. F Mr. Plummer: Roughly, out of 1,002 how many do we have? Mr. Andrews: Sixty-five ,---- Mayor Ferre: There is confusion on this. Let's get our semantics straight. You said officers. Mr. Plummer: I am talking about police officers. Mayor Ferre: There is 1,000 people in the department, but only about 450 to 500 sworn police officers. Mr. Plummer: Mr. Mayor, I'll concede the fact, let's say 10%, would that be a fair conservative percentage? Paul, I think there is no reason that if in fact what you want is the right to go through the ranks and I am glad to hear you say that, that a man is going tolphosen from the ranks, that if we are going to go through it, I cannot see why this process of testing elimination, and whatever is needed cannot be done in 45 days. I just don't understand why not. If you have some good reason, that it can't be done, I want to hear it, because if not, I am ready to offer a motion to do. It is just that simple. Mayor Ferre: That 45 days, you'd say like the lst of the year? Mr. Plummer: I am saying 45 days, is that the lst of the year? Lets say by the 12th of December. If you've got a good reason, I am willing to listen, why it can't be done by the 12th, I am sure they would reasonable, but I want to know why not by the 12th of December. Mr. Andrews: The reasons for asking this time element, and not really asking but stating what the time element is, we want the proper time to screen people to'arrive at this conclusion. If we can do it in the next 30 days, we are going to do it. we are not going to wait till March 1st, but I want the privilege to wait until March 1st only in the event that we had any difficulty in screening all these people to make the best possible choice. Mr. Plummer: I'll tell you what I am going to do. I am going to be liberal. 22 11/8/73 Mr. Dawkins: Don't be too liberal. Mr. Plummer: Mr. Dawkins, I still retain the right to make the motion. Mr. Dawkins: Go right ahead, sir. Mr. Plummer: Mr._ Mayor;- t_aM going to make a motion, I say the action be taken.to comply with the Federal order by the 12th of December. If Mr. Andrews cannot do it by the 12th of December, let him come back before this Commission and tell us why. I think that tells Mr. Andrews what we want to tell him. Mayor Ferre: There is a motion on the floor, there is a second. Any further discussion on the motion? Mr. Andrews? Mr. Andrews: I beg the Commission's indulgence in this matter to keep the administrative matter clear in the Charter, this is a statement of the Commission's policy in reference to this matter. Mr. Plummer: Let's get it clear. I am watching myself, and tell me Mr. Lloyd if I am out of place, and I'll correct myself if I am, the policy of this Commission is to comply with the Federal Court order. Am I right or wrong? Mr. Andrews: If you want to go by the Court order, then we have 18 months from the final decree, and I don't want to follow the Court order. Mr. Plummer: I am saying following the Federal court order by Dec. 12th. Mr. Andrews: The Court order doesn't say that. The Court order says 18 months from the final decree. It is not even at final decree. We are not using that as the guide line, and I wish the Commission would not use it. We've got principles we want to stick to, not the fact that any court order is forcing us to do this. Mr. Plummer: I did not incorporate that in my first motion. Let me get clear, because the man said I stepped out of line. Are you tell me as a Commissioner that we cannot set a policy that we want this order complied with by Dec. 12. Am I out of line for offering such a motion? Mr. Andrews: As I interpret it, the way you are motioning now, that was a little different than your first motion. You said policy, and I thought you were giving direction at first. Mr. Plummer:What is the policy if it isn't direction? Mr. Andrews: Mr. Lloyd can explain that better than I can. Mr. Lloyd, City Atty: The difference is you cannot, under the Charter, instruct or direct the City Manager in an admin- istrative matter of this nature, not only is it a misdemeanor 11/8/73 23 it can provide for forfeiture of the office if you so do. The only thing you can do is to enunciate that it is the policy of the Commission that the administration ,---that you would like to see the administration proceed in a fashion which you desire. That is the only thing you can do. You cannot direct the City Manager to do this. Mr. Plummer: I like your eloquent words, but if we set policy and he doesn't follow it then what happens? Mr. Lloyd: The next move is up to you, then. Mr. Plummer: What is the next move? For the record of the press, let the statement come from Mr. Lloyd. Once again, I'il offer the motion, that the policy of this Commission is that the order shall be complied with, --- Mr. Lloyd: I would suggest, if I may, so that none ,of us get into trouble, none of us go to jail, or none of you forfeit your office. Mr. Plummer: If I go to jail, I'll be right behind you. Mr. Lloyd: That is why I'm being very careful. I would seriously suggest that you adopt merely a policy or instruct the City Manager, or adopt a policy that you believe that this matter should be handled by that time and move that the City Manager come back and report to you on the matter on such and such a date. Mayor Ferre: We need more than that. Mr. Andrews, if I may let me ask you, ---let's get down to the facts, and forgive us for getting involved in problems of the administration, but this is one of the area where policy and administration kind of come together. From a practical point of view, is there any reason why in 45 of days of procedure, that have to be followed can't be followed? Do you want to say something? Let me get from Mr. Andrews now , from a practical point of view. Mr. Andrews: From a practical point of view, I'm not the first to make the choice for the canidate who will be so elevated. There is consideration, and I think if we are going to elevate someone, a careful screening of the applicants be made. Mayor Ferre: Hasn't that been done already? Mr. Andrews: No, it has not been completed, it is in the process but not completed. I want to re-emphasize that I hope it will be much sooner than that. I hope it doesn't take us 45 days to arrive at that decision. However, it might take us a little longer, but I put a very definite time limit on it. Mayor Ferre: What time limit would you put on. Mr. Andrews: What I told Mr. Dawkins over the telephone. March 1st the very latest. I hope we can finish much sooner than that. Mayor Ferre: I think the consensus of this Commission is, that March 1st is a bit long, because we are mid -November, you've 24 11/8/73 t got December, January, February, ----March lst is almost 4 months may. So I think it is now a question of practicality in this Mr. Andrews. 1 don't mean to be pressuring you into moving that date up, but I think from a practical point of view, ---let me put it another way, I think it would be more appropriate with a sense of what I feel on this Commission, that we set a tentative date, whether it be mid -December or the end of December, which is much closer to flow, and if by that time, you cannot meet that deadline, I think if you come back here to this Commission and said I can't do it on this day, but in 15 days we will have an answer, I think this Commission and Mr. Dawkins will under- stand. We have to be reasonable. I know there has been an awful long wait in this. I recognize there have been years of waiting involved, and you want this today. I think we are so close to the goal now, that it is important that we do this in a way one week or another is not going to make that much difference, and I don't want to violate the Charter. We are going to get this thing done, it is a question of how to do it now. Mr. Plummer: I am still formulating the motion, but I'll be glad to wait to hear from either Mr. Huttoe or Mr. Andrews. Mr. Huttoe: I hate to be put into the position of disagreeing with anyone, but I have to say that I feel the City Commission certainly has the right, because in reading the order of the Federal court, it was an order agreed to by negotiations between representatives of the City and the officers who brought the suit, and this partial final order reads, and I'd like to read, ---"now, therefore it be resolved by the Commission of the City of Miami, Florida, this Commission adopted this and approved this agreement to be submitted to the Federal Court for a partial order, and then enumerates those things by which the city is to comply and which these people and all officers concerned agreed, and also in this it says the independent organizations shall be hired by the Miami City Commission. It goes on there and says the City Commission shall hire this, in which this independent organization shall do certain things for the Civil Service Board, so I think it is up to the City Commission because I think if you don't comply with a federal order I think the City Commission is the one who is going to jail. Mr. Plummer: I am sure the point is very simple, and that point is that we get sued, not the City Manager. All suits come in the name of the Mayor. I've got a motion subject to the legal arm, I will once again reiterate my motion, the policy of this Commission shall be that the City Manager will comply with the order, no later than the 12th of December. Mayor Ferre: We have a motion and second by Father Gibson. Rev. Gibson: I'm going to second this and I want you to put a proviso there, J.L., that should he find it impossible, aid for good reason, he would come back. Mr. Plummer: I don't want us to, in the same manner Fr. Gibson, that we have the right to make this motion, if Paul Andrews comes back with reasonable grounds, and says 'gentlemen, I need another 10 days' this Commission can grant that 10 days. 11/8/73 25 Rev. Gibson: I agree but I don't want him to think that we,-- and by the same token, I want him to know that we want him to act with the facts. Mr. Andrews: Mr. Mayor and members of the Commission, I can appreciate and fully understand what the City Commission is trying to accomplish, and I have no misunderstanding of the direction you are taking. I don't want these people in the audience to leave the Commission chambers with the impression that we are moving because we were given a Court order. That is not what I want. Everything I've done, and Department Directors who are now operating under me have done, is try to act within the spirit of good morals, good judgment to what is the right thing to do, not that we had to be motivated by a Court order. I think that is important. Rev. Gibson: I know about good moral judgment, I understand that. I've lived it all my life. I think J. L. is right, if we set the policy and if you can't comply with it,just come back and tell us. Make sure we understand this. Mr. Dawkins: May I ask the City Manager what is it that so compelling, and so time consuming, that make it near impossible after we, they have had a recommendation since 1971, in October, which said, --"Appoint a Black man" from 1971 until today, which is 26 months, they have not found time to appoint a man, and now you are going to tell me I've got to wait 6 more months? Mayor Ferre: Mr. Dawkins, the motion is Dec. 12. Mr. Dawkins: I,understand the motion, but I want the Manager to please explain to me why since 1971 he hasn't done it, and why they did not try to comply with the order, now he has jut started to comply with the order. Mayor Ferre: Mr. Dawkins, I am not going to permit any further discussion on this, and I want to make something clear. This man here has been Manager of the City of Miami for how many days now? Mr. Andrews: A little leas than 2 months,-3 months. Mayor Ferre: So, I don't think you can put the blame on Mr. Andrews who has been the manager for three months. We are going to do this by Dec. 12, I don't want to start an emotional battle here, do you follow me? What has happened has happened , I wasn't a part of it, because I wasn't here at the time, and this man wasn't the Manager and these Commissioners are very straight, your records have been very clear on all this, so I don't want anybody to get the impression that there has been any question, the good will either of this Commission, this particular Manager or myself, so now we have a motion and second, I'm going to recog- nize you for a second and then call for the vote. Carrie Meeks: I'd like to say I overheard the City Manager say he wanted someone promoted from the ranks. If that is what is causing the deliberation, then it seems almost impossible that he would need time to make the decision. In the ranks of the Miami City Police Department so that only one person at this time in the ranks who might even be eligible for appointment to Major, that is my first point. My second roint is it apt ears to me, that the City of Miami is derelict here, in that you represent the City. The City Manager is an administrator. You will belie the ttust` 26 11/8/73 if immediately you do not comply with the Court order. The second thing, you should proceed with deliberate speed, in stead of deliberated speed, and if you follow what the City Manager has said, it will be deliberated speed, so we are here to say to you, that your public trust and your confidence is on the line in terms of filing suit, with the recommendation that City Commission Plummer made. Mayor Ferre:I think we have heard all the discussion:, we have a motion and second, would you repeat the motion please? City Clerk Mr. Southern: ---"to comply with the order by December 12th or have the Manager come back to the Commission and explain why. Mr. Plummer: That is not the motion. Mayor Ferre: Mr. Lloyd would you phrase the legal, ---- City Atty. Mr. Lloyd: I believe that Mr. Plummer moved that it is thegolicy of the City Commission that a Black police officerrappointed to a policy making position by December 12, 1973. Rev. Gibson: That is not what he said. Mr. Plummer: I am glad you came back. I never thought I was hard of hearing but'I'm beginning wonder. Mr. Clerk, if you will add to the beginning of that motion, sir the policy of this Commission, then the motion is correct. City Clerk, Mr. Southern: --"That it is the policy of this Commission, that the City Manager comply with the order of the court by December 12," Mr.Plummer:---by no later than Dec. 12,--give him the pre- rogative of doing it sooner, --- City Clerk, Mr. Southern --Land in the event he is not able to do so he will report back to the Commission and state his reasons why." Mrs. Gordon: Okay. Mayor Ferre: Is these any further discussion on this matter? The motion was introduced by Mr. Plummer and seconded by Rev. Gibson, was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: See you December 12th. Or sooner. (See resolution No. 73-919 later in meeting.) 28: APPRECIATION OF COMMUNITY RELATIONS BOARD -MR. SIMMS: Rev, Gibson: Mr. Mayor, Mr. Simms from the Community word of appreciation to the before we have the presentation, Relations Board wants to say a Manager. I' 11 te11 you this, you 27 11/8/73 are going to get so many thankless things,so anytime you get a good word,- - Mayor-Ferre: Mr. Simm, of Community Relations Board, the Chair recognizes you, Mr. Simms: Mr. Mayor, and members of the Commission, I simply want to express the appreciation of those of us who were privileged to share three hours last Monday with your Manager, regardless of; the discussion today. I think many who shared the three hours realize it may be a new day for the City of Miami and we look forward to working with the Manager --he brought some messages and some news to the community of Coconut Grove that had not been brought there by professionals before. I think you ought to know that he represented you well, and we appreciate it very much. Mayor Ferre: Mr. Simms, I want to repeat your words, and as Mayor of the City of Miami, I think I speak for all the Commission, I think this Commission is proud of our Manager. Mr. Simms: I hope you will be prouder come the 13th of December. Mr. Andrews: Thank you for those kind words, but before you leave you want to recognize the reason, if there was any success at this meeting was because there was such a significant turn out of City of Miami Department heads including Chief Kenney Chief Garmire, Mr. Grimm Mr. Simpson Mr. Acton and Mr. Howard aid Mr. Crouch, Asst. City Manager,other members of the Staff of the City Manager's office. 29. BOOZ-ALLEN-PRESENTATION OF MANAGEMENT AND PERSONNEL STUDY: Mayor Ferre: Is there anyone here waiting on an agenda item, ---through item #51? anybody here? We will now take up Item #16, Booz-Allen. Mr. Andrews: Mr. Mayor and members of the Commission, at the last Commission meeting, an item appeared on the agenda whereby I was recommending to theCity Commission that you give consideration to entering into the 2nd year contract with Booz' Allen Public Admn Services for the integrated management systems improvement program. That matter was set aside at the request of Comm. Plummer who had some specific questions. We can handle what is about to be presented in two different manners. You can either have the Commission ask questions at this point, and Booz Allen firm or myself will be happy to respond to them or Mr. Matlin is prepared to present more information about the entire study and if you wish towait to hear from him first and then ask the questions, the choice is yours. Mr. Plummer: Mr. Mayor, if I may, since it was at my request, that this item was deferred, I would prefer not to go through it, although I would caution you that next year, rather than with the policy we followed this year of listening to an oral presentation and then follow it up by a written presentation, that next year, both be given at the same time. Now, Mr. Mayor, is it agreeable with you and the Commissioners let me pose one basic, broad question, you answer that if you will, then we can go into questions from that. Let me tell you what my concern is, after I had the opportunity of reading'and digesting the written word, --I was taught a long time ago that 28 11/8/73 you never close a door so tight you can't re -open it. You never build yourself into a house you can't get out if fire breaks out. Now, this is three-phase, or basically three-year program as I understand the written word. Now, basically, you have given us the first year program phase one and implementation as you recommend here, but nowhere do 1 find any definite things that are going to happen in the second and third phase or year. Now. what 1 am saying to you is this, you are asking us as a commission to take and implement some 19 people in this first phase without telling me what is going to happen in the 2nd and 3rd phase. You are putting me in a position where I feel that I am trapped, that if I im piement this let section, and you come up with your 2nd year or 3rd year, that I don't agree with, I can't back out, because I've already implemented to the 1st, to the 2nd and maybe the 3rd. I am going to make this recommendation and ask you also to speak to this. I think it is only fair with this Commission as well as to the City employees, that you should give us a full program now, before we implement the 1st person or first office. Then, retain you to help us imple- ment, if we agree, on the 2nd and 3rd year, but don't give me a part of a program without telling me what the end is going to be, so that I can't back out and make other changes. That is one Commissioner's feeling, but I am going to tell you, as I read this, there are certain things here that I will tell you quite frankly, I am very much opposed to. and if I implement this now, and the 2nd year it gets 'worse, and I have greater objections, I am trapped, because I can never go back to what yesterday was. So I would like you to speak to that. and if you want I will be more specific. More specific says, that as I read your 2nd and 3rd year of what you forecast, you have not eliminated one of the finest things that I am proud of, of the City of Miami, is theCivil Service Board. but'as far as I am concerned, you haven't eliminated the name, but you have com- pletely gutted the authority contained within the Civil Service Board. Now, maybe you can have recommendations that that is good that I would be willing to listen to, but you don't tell me that row. I think before I want to implement the 1st piece of the Booz Allen study, I want to know what the whole thing contains, and I think is only fair that I, as the rest of the Commissioners should know what it contains. You take it from there. Mr. Matlin: Well, what are you going to do about it? Mr. Plummer: Well, what I want to do, my recommendation, which I made that we don't implement any portions of the Booz- Allen City of Miami Management program until we have the entire program before us, the goals it will reach and then if we agree in principle to the whole program, then we implement it over a three-year program.. I will go along with that, but dorit tell me to implement the 1st year now and tell me about what is going to happen next, next year. Mayor Ferre: Now, J.L.---and I want to say before I make any other statement, that I might as well first, with this study, because I haven't seen this, but I spent some time with Booz-Allen Hamilton, I know how they operate, I have been in similar type of studies in management and businesses before, and let me put it to you this way. I have been involved in management studies in my company for example, where they will 11/8/73 29 go in and recommend to us what to do with the puchasing department, and then they will come in and say that they think we ought to have an industrial engineering department. I don't agree with that, and I won't go for that, but that doesn't invalidate the recommendations about the purchasing department. So I think you've got to be very careful to say that you won't accept any recom- mendations until they are finished because some of these things,-- ' am sure they are going to address themselves to the more im- portant things first, and you may want to see some of these things implemented very quickly, and I don't think you want to say, ---- Mr. Plummer: ---no, sir, in no way do I want to box myself in, but I want to know the full impact of the three year program is. Mayor, you can't sit there and tell me the way you run Maule Industries is on a wish and prayer of what is going to happen.. You can't run that business that way or anything else, and that is exactly what I am saying here. Mayor Ferre: May have a copy of that? Mr. Plummer: This City Commission should know what the total program is, then let's implement it, let's retain Booz- Allen-Hamilton to implement the program on the 3 year basis. That is my feeling. Mayor Ferre: Let's get an answer from Booz-Allen. Mr. Matlin: Mr. Andrews, is there anything you want to ask? Mr. Andrews: I think there's some confusion here. I think what the Commission would like to have you do, is outline what this entire study will possibly cover in the three year period, or two-and-one=half years or less. Mr. Matlin: I think there is some confusion about what it is the study was supposed to accomplish, and what it is, the City is intending to do under the 3 year program. Part of the problem is, we are using the word 'phase' we are using it interchangeably in two different concepts. You are talking about a three-year program what has three phases. We talked in our organization report which is a part of Phase I of your three-year program, that you have contracted for with the Dept. of Housing and Urban Development, of a phase implementation of an organization concept. Let's go back and review what it is we set out to do, because I certainly waist to allay an fears that you have that we are dealing the cards one at a time, and that you are betting on the cards that are down, because that is not the way we are saying it, nor would it be a very constructive way to go about it. The first year of the City of Miami's Management improvement program has two parts to it, the first part was concentrating on organization structure and the 2nd part on the development of a human resource management system. The 2nd and 3rd years of your contract with the Dept. df housing and Urban Dev. no longer con- cern themselves with those issues. They concern themselves with issues related to management systems and procedures, such things as management information systems and the development of an internal capability to analyze your cities municipal operations. Now, we have addressed in the organizational report that you now have, only part of our total charter for this first year. That is strictly the organization at a top management level inorder to set a contact for improvement in the human resource management system, as we are finishing up now our report on the human re- source system and how it can be improved. As Mr. Andrews indicated 30 11/8/73 1 we are prepared today to run through it with you, and tell you where we think you ought to go. In terms of the specific issue of 'gutting' the authority of the Civil Service Board, I think there must be some problem in the way we presented our recommendation in the organisation report, if that is what has been read, because the Charter is very clear in the authority it grants to the Civil Ser. Board and the authority it expects the Civil Ser. Board to exercise. We have addressed ourselves not to Charter related issues but to the administration of policies, now the establishment of those policies, and if you'd like, the second year program doesn't concern itself with the Civil Service Board or the human resources management. _ _ Mr. Plummer: Let's go to a specific item. Let's got to your chart that is after page 11. A11 the way over to the extreme right hand side, is what you have under the terminology of human resources services, ----all the way to the right- you are going to the left ----okay, now, let's go down there, employee services which I can't define as to what your thoughts are as employee services, so let's go down,the City Physician exists today as a department unto itself. But now we come to the next item which is classification and pay, which today if I am not mistaken, is solely the responsibility of the Civil Ser. Board, classification and pay, they do the evaluating, ---no? Mr. Huttoe: Yes, sir we do. Mr. Andrews: Do the evaluating but you don't do anything about pay. The evaluation and classification, if you put on their authority of the Charter, under the Chief examiner, -- Mr. Andrews: ---and I agree with you Mr. Huttoe, but the Commissioner is adding, and pay, as far as Civil Services in order to keep us straight.' Mr. Huttoe, that is because and pay Mr. Mr. Andrews: I understand, --- Mr. Plummer: Doesn't the range of which they set govern the pay, --- Mr. Andrews: No. --they set the range classification, -- one classification vs. another. Mr. Plummer: Dont you have a range which says that range 16 is so and so, --- Mr. Andrews: Commissioner Plummer the two are kept separate, purposely because of the Charter requirement. Their responsibility then with the classification system, now the pay that is estab- lished with that classification is separate from establishing the differences in ranges of the classification, and that is done specifically and by design. Mr. Plummer: The classification is done today bq Civil Service? Mr. Andrews: Yes, sir. Mr. Plummer: Mr. Andrews, who keeps employee records today? Mr. Andrews: Which ones? 31 11/8/73 3 Mr. Plutarner : The employee's records. You tell me, a -- Mr. Andrews: There are two or three sets of records, the records for the classification system, examination, etc. that is kept by Civil Service. All the financial records are kept within the department of finance. Mr. Plummer: Are you telling me that under this tsystem that it is going to be the same? Mr. Matlin:May I suggest, that perhaps the best way to address this, looking from that, the Commission wishes, I can take 15 minutes and run through exactly what we have in mind. Mr. Plummer: I can put it more simple. How under your system does this change our Civil Service Set-up as it exists today? Mr. Matlin: If you ca n give me the 15 minutes Mr. Plummer, Unidentified person: You have to check with the Mayor. Mayor Ferre: Go ahead. Mr. Matlin: What we can do is to take you through what our preliminary conclusions are, and I think we have to rem- ember, our role is to recommend to you, your role is to tell us we are out of. our mind. We are coming at this on the basis of our experience in working with similar problems in other cities,and our experience in the City of Miami, and try to identify what is special about Miami. What is good for Fresno or Ft. Lauderdale is not necessarily good for Miami, and we are experienced enough to know that. What Fresno and Ft. Lauderdale do is worthy of thinking about in terms of what Miami ought to consider. What we will do then, take you through the major thrust of our thinking, and I will be assisted in this by Eric Hansen, my colleague, who has been our project Manager here. A good place to start off is the Mayor's comment at his swearing in this morning, where he pointed out that the City of Miami exists to provide services, and that services are provided by people. That is also the thrust of the three year federally assisted program which ------ Unidentified person:unintelligible remark -- Mr. Matlin:-=-it does, because it took a whole page out of my presentation,---consentrating on organization structure human resource management, and later on, management reporting and information systems. That is the subject of the 2nd year, which is a very separate and distinct thing. Okay. We had several specific tasks to accomplish in our first year, broadly defined, not actually a calendar year. We were to develop recommendations for improving the over-all organization structure, this has been done. Parts of those recommendations are now being implemented, and a full presentation on that has been given to you in writing and orally. In addition,we were to develop recommendations for improve- ment in City -government -wide human resources management. Human resources management are broader than Civil Service, are broader than personnel. Your biggest item outside of your capital expenditure 11/8/73 32 budget is people, and how you use them, go to the few really cost defected decisions you can make, and we're to design an action plan for implementing these recommended improvements, and to assist the City in implementing them. I want to emphasize again, as we did in our report, that the whole organization structure was looked at terms of setting a contact for improvements in human resource matters. That is the essential task if you are going to make the delivery of services better. Let me tell you what the current city oper- ation is in managing human resources, what the units are, what each does, a summary of areas in which opportunities of improve- ment exists, based on our observation, and our recommendation for short term and long range re -structuring of policies, pro- ceedures and responsibilities to make these improvements. You look at the present situation, we Should tell you what we have done since our last report to you and part of it was done in gathering the data for that report. Over 200 group and individual interviews were conducted with City of Miami employees. A questionaire concerning the e ntire area of human resource management was distributed to every single employee of this City . Not a randum sample statistically based, but every single ethployee received this, and the replies are now being co-lated. We met with employee representatives, community groups to get their perspective on it, and the one thing that is quite clear, is that the current human resources management system in Miami is carried out by many, many different people and units. And the City Commission for example, reviews salary and personnel policy. The Civil Service Board administers the Civil service system, and acts as a quasi-judicial body for grievances and hearings. The office of the Civil Service Board, supporting official board action, is occupied largely with routine personnel action, rather than Board problems. The City Manager is the Chief executive officerof the City, is responsible for the content and implementation of City personnel policy. Employee services, in fact is largely a labor relations and contracts negotiations unit, with an inactive training and work safety program. The City Physician's office gets involved in it through work related physical examinations and there are other departments and board that play a role such as finance, retirement board, and individual departments, each have significant personnel duties defacto or dejure, that you can see, and you know from your own experience, in the limited time I have been in Miami I can sae from listening to the Commission meetings, --key personnel policies and practices are established by a variety of people, and by a variety means, by ordinance, department rule and regulation, administrative directives and memorandum and circumstances vary. Sometimes they are established singly and sometimes people act in concert, but there is a constant need to establish these policies and proceedures and administer them. Now, as we look at what is being done now in the human resources area in Miami- -based on experience in other cities, based on experience in a corporate world, which has some validity in looking at how people manage people and how they treat them. And in the terms of the unique needs of Miami, and I think we have shown some sensitivity to those service needs in our report, a number or problems have been identified in the management of human resources. Many of these problems will come as no surprise to the Commission because, I think we almost got a complete list in the interviews we conducted with the Commissioners themselves.' In looking at the problems I think it is useful to say, well 11/8/73 33 problems are interesting but why are they problems? Okay. Whho are the consumer of personnel services, and let's see how they would view these problems in terms in meeting their needs as consumers. There are really three basic consumers, they are the departments, as providers of service, they are the current employees and they are the potential employees. The major problems, where a more comprehensiVe approach is required or where things not function as efficiently as effectively as we in our professional judgement think they can. Clearly there is a fragmentation of responsibility for personnel management services and activities. Civil Service Board administrative responsibility, I think it is very, very important to keep in mind the administrative responsibilities and policy responsibilities, between administrative respon- sibilities and adjudicative responsibilities. The Civil Service Board administrative responsibilities dilutes its effectiveness in discharging its key advisory and quasi-judicial responsibilities to the Commission and to the City. Nobody else is worried, nobody else by Charter has the obligation to worry about certain things. Lots of people can worry about other things, but only the Civil Service Board can worry about the quality and sanctity of that Civil Service System. The City's ability to staff positions with personnel, of appropriate skills,needs, is hampered by pervailing policies and practices. The hiring system is cumbersome and time consuming, there is inadequate orientation and counseling provided employees, the Civil Service System does not adequately differientiate between average and superior performance. Pro- motional opportunities we found are neither equitable nor con- sistent for all City employees, and the item preceeding ours very clearly demonstrates this. Recruitment has not suceeded in attracting an employee group representative of the community. Now that I have told you what some of the major problems are, Mr. Hansen will go into some of our recommendations for approaching these problems. Mr. Hansen: It is all very well and good to list off a litany of problems that may exist in any given process whether it is in a municipality, County or what have you. What we are up here today to discuss is our tentative approach to addressing the current problems, and we feel it lies in centralizing and streamlining services to the consumers. As my colleague pointed out, the consumers can be defined, -- basically it is three groups of people. Fir►,t, you've got the current employee, the people who presently work for the Cityof Miami, you have City Departments as whole unit consumers, and you have potential employees, people who would like to come to work for the City of Miami. The resolution of the key problem shouldn't benefit one group of consumers, it should benefit all consumers. So in looking to make the major improvements, and addressing these key problems, we have to set up a set of criteria, so we know we are going in the right direction. And the basic criteria that we have come up with at this point, follows these lines. First, reduce the fragmentation of personnel administration and policy making activity. This fragmentation dilutes the impact and effectiveness of your personnel policies as they now exist, and diminished the quality of services delivered to consumers, simply a matter of spreading too much responsibility over too many items. Second, provide for the development of selected and unique personnel services on a de -centralized basis. On one hand we are saying centralize, on the other hand we are saying de -centralize, ---why? First, you need certain services to be de -centralized, to be responsive to individual departments service needs. All departments are not the same, --they all have 34 11/8/73 different needs, slightly peculiar from one to the other. Also, to get some personnel services down to the level of the individual employee, down to the level where they can do the most good. Such a service for example might be inter- department counseling where the employee could have somebody in his department who can turn to. Third, strengthen the role and effectiveness of theCivil Service Board as a fact finding and adjudication body for City employees under the merit system, by limiting and thus intensifying the focus of this operation, and by providing more streamline hearing processes and pro- cedures. We also do some work in criminal justice and one of the things that we've learned in there in any adjudication proceedure is your day in court really isn't your day in court if it takes 8 months to get there. Streamlining these procedures will be fairer to all involved. Next, increase the flexibility and effectiveness of existing personnel policies and procedures in order to attract, develop and retain and service cqualified employees. This involves policy making that will spread not only from the Civil Service Board but throughout City government, and there are multitude of issues that can be addressed. Obviously, you don't want to hear all of them right now, but let's look at some that could be addressed. First, recruiting and hiring procedures which are presently time consuming can be streamlined. Orientation and counseling services which are presently informal and somewhat inadequately serving employee needs, can be improved. Present Civil Service policy which does not differentiate between average and sut.erior employee performance can be improved. This is a source of complaints from a wide variety of employee and employee groups. The people who do the outstanding jobs should be recognized. This is a normal type of complaint, not only in City government but in also in private business. Finally, promotional opportunities are presently neither equitable nor consistent for all employees. A few examples I can clarify, career ladders from department to department are not evenly formulated. Some of your departments have well structured and well operating career ladders. Others don't. And from department to department there is no consistency, you can get which one does and which one doesn't. Even within departments, some positions have career ladders, others don't. Promotion criteria are not always job related and are often cued toward the people that test well as opposed to those who perform well. In short, improvements we feel should be directed at increasing the effectiveness and comprehensiveness of human resources management in the City of Miami„ Now, how do we go about making those.improvements? Basically our fundamental recommendation is to establish a comprehensive human resource management system to provide all need personnel services. There are three basic steps to this we feel. Centralize activities that are required by most departments within one unit, to retain selected department level service, to meet training and administrative requirements and to institute new programs to satisfy un-met needs for human resource services. Let's take the first step, create a centralized over-all responsibility for human resources management and establish a new department of human resource services under the administrative control of the City Manager as a part of the new administrative services division. This division is a key part of the organization plan as you pointed out earlier, which is now being implemented. The approach reflects modern management of techniques and method- ology, our experience in a large number of other cities, also recognizes the unique nature of the City of Miami both as a government and as a location. The kinds of things you get involved in because you are Miami. Many of the administrative functional 35 11/8/73 units in operations required for such a department all ready exist,3, and merely require consolidation or further coordination. We ark°presenting you something that is completly as we indicated before, you have personnel systems scattered over several departments at the present time. What we are recommending is coordination, condolidation of these responsibilities. The second step is to retain the capability for selected personnel functions on a de -centralized basis, and we recommend in order to do this, that the City create departmental services unit in all large departments to provide selected personnel functions on a de -centralized basis. For example, in a department the size of Public Works, or Police or Fire, the larger departments you would have a unit of that department which concentrated on performing certain specific functions to those departmental employees, policies for that unit, of course, would fall under Civil Service regulations, and the human resource services unit would assist departments in setting up such units. These units would carry on day-to-day employee relations, work safety programs, in-service skill training, time and attendance control, budget control, manpower planning, that type of ground level personnel activity. And all this would strengthen the role of the Civil Service Board, as a factfinding and quasi-judicial body by relieving it of day-to-day administrative responsibility that it must carry on at the present time in absence of a competent alternative. This would permit the Civil Service Board to con- sentrate its energy on it's primary mission, to hear and adjudicate dispute between management and classified employees and to advise its primary client other than the consumers and that is the Commission of the City of Miami. Naturally it mustretain a core staff to assist it in discharging its hearing administration role. We are not suggesting it can do this all by itself. In fact the initial impetus is to set up the office of the Civil Service Board with the functions in justice manner. We also recommend that labor relations be assigned as a staff function responsible directly to the City Manager ---apart from the fringe benefit administration and compensation program. This is also in our organization recommendation which are in your possessiol. The human resource services department should create it in the organization report, should take the lead in developing improvement in city-wide and departmental personnel policies and programs and during the next phase of our work, the next section which is implementation in this contract, we will be assisLing the City in doing just this. Now, what is the end results of all these recommended changes? The end result would be to provide sufficient flexability in the system in order to attract, develop and retain the most appropriately qualified personnel in the job requirement for all key positions in the City. What kinds of policy moves would this be? First, for example an increase in the array of choices provided through the certification of the eligible register. This could come under examination, making promotion opportunities more uniform and consistent for all city employees, in selling an employee the evaluation program that would differentiate varying degrees of performance, and tie performance and in- centive benefits to outstanding achievements in order to en- courage productivity improvement. It is also important to con- tinue efforts for an affirmative action plan to increase minority representation in the City of Miami, in the human resource services department would be charged with this. A successful affirmative action plan we should add,can improve existing conditions for all City employees. An affirmative action plan will not necessarily reduce present employment standards or result in special treatment 36 11/8/73 1,4 lit for minority groups. Mr. Plummer: May 1 stop you for just one minute? I am trying to make a point as you go along. The last two points you have made mention of, okay,this Civil Service Board is all ready done it, before yourstudy came out. Now either you are not current with what is going on, or they stepped out of line by doing it. Just to give you an example, the Chairman came before this Commission, some 3, 4, 5, months ago with a recommendation about hiring a Latin and a Black to give the examinations, to give better representation to the minority groups. This has all ready been done before your study came out. What I am getting to the point maybe is this, some of the things you have outlined here are things that all ready exist, they have all ready been in existence and it is something that you are coming and saying should be done, but it has been done. Mr. Hansen: There must be some misunderstanding, becaua' I am very familiar with the incident and actions that you just referred to, as I was present at the Commission meeting that the decision was, made. It is not our intention in our report to present only new things. It is part of our role to pull together what all ready exists, so you can review what you all ready have. We are not here to tell you, --- Mr. Plummer: ----to make a recommendation, that you all would be recommending that these things be done. Did I%misunderstand you? Mr. Hansen: What he said was, it is important to continue efforts for an affirmative action. Mr. Plummer: I did not understand it that way. Would you address yourself to the last two statements that you made sir? Mr. Hansen: It is important to continue, toward affirmative action. Mr. Plummer: I stand corrected, --- Mr. Hansen: I'll go a little further on that, to develop a comprehensize affirmative action program. You are quite correct and we are aware of the City of Miami for affirmative action, and we are also feel that this should be approached in a compre- hensive manner, and there should be a formal assignment of responsibility for a total plan. Mr. Plummer: That is exactly what I am getting at, but you have not shown me the total plan. This is my point exactly and I've referred you if you wish, Mr. Hansen: ---but Mr. Plummer, you are only dealing with organization report, not the human resources management report. Mr. Plummer: Sir, I think this whole thing that you have been charged over a three year program is a total picture, am I wrong? Mr. Matlin:Only in the organization area. 11/8/73 37 Mr. Plummer: But doesn't one dove -tail to the other? Mr. Matlin:-�- Mr. Plummer: Let met get back to a point that I've tried to make before. Mr. Matlin: We must go back though and make sure we are operating with the same definition. We are not charged with a three year program in organization and human resources management. The those year program is concerned with three separate and distinct things. Mr. Plummer: You are telling me distinct, they don't dove -tail at all? Mr. Matlin: The three year program is concerned with three separate and distinct things. Mr. Plummer: If you say that, and if I can find it here, that I was just trying to read to you, Mayor Ferre: Why don't you finish your statement, --- Mr. Matlin: Thank you, the first year is concerned with organization and human resource management. The second year is concerned with management analysis, basic technical kinds of things, computer utilization, systems and procedures. Not policy issues, the nuts and bolts of municipal operation, how you provide information to your managers, not what infor- mation you provide. Of course, I would not mean to argue that these things don't relate to each other, but whether or not you adopt our recommendation in human resources management areas, you still need a management information system for you managers. In that sense it is separate and distinct. And the third year of your three year program is not even spelled out yewbecause you are not required to spell that out in detail underyour contract with HUD. Mr. Plummer: Let me read to you one paragraph here, then you tell me I,m wrong. I am on page 27, last paragraph -- "we are detailed on the organization policies and procedures of the human resource, now that is the first page. This report the second of three, in the current management program, will be presented following a complete analysis of human resource policies, programs procedures and organizations. Mr.Matlin: and that under our contract is to be completed by the end of this year, and that is what we have been reporting on now.. Mr. Plummer: You are asking me to implement this program before I know what you are going to integrate in the 2nd year program, or second phase. I've always operated on this theory, you have a picture and you have a whole picture, and from that you implement, you do t 6raw the picture as you go along. That is what you asking me to do. Mr. Matlin: I seem to have ions problem in making my ideas clear. Perhaps.I can use an analogy. You are talking as if we have three pieces of the same house. The three years of your management program are three separate and distinct Amuses, and three separate and distinct cities in three separate and distinct states. 38 11/8/73 Mr. Plummer: t disagree with you. Mr. Matlin: As part of the first house for which you have contracted with us to assist you, there are two parts. There is the organization part, and the human resources part. lie have presented you with the organization part, we have yet to present yoti with.the human_ resources part. That we outline today. Our report is due before the end of the year., That has nothing to do directly with the issue you a were sked to consider at the last commission meeting, which was whether or not to proceed with some other things related to management systems and procedure and the development of an internal management analysis capability in the I understand quite clearly what you say, --you can't be asked to bite off on everything until you know everything that concerns it. Those things are within the scope of the let year contract, not of the second year that you are asked to approve. I would like to add one other thing if I might, because this is hardly in my almost 8 years in consulting, the first time I've stood before a Commission faced with this sort of situation, and if I may sir, change is very, very threatening. One of the most difficult things about the obtaining implementation of recommendations is reducing the psychological threat of the change. Everybody knows where the power is now, everybody known how to get it done the way it is. That may be a very good way, the final decision rests not with us, our role is merely to recommend. But I think we have to concentrate on the very threatening nature of any change that is proposed, and the best example I can give you is, you recently modernized the way you dealt with your Planning and Zoning Department. This is no different. Me are simply approaching it and saying it is 1973, the City of Miami has changed radically, the City of Miami needs, and the needs of its citizens are changing, and the City must modernize to meet those needs. You are em- barking and have embarked on a dramatic program to modernize your police force, and what we are suggesting to is, that the prettiest organization structure in the world isn't worth a thing unless you can get the right people to -fill the boxes. And what -we are aiming at is to help you get the right people into the boxes. Mayor Ferre: A couple of weeks ago I could have used that in my campaign. Mr. Matlin: You have to do it in a very balanced way. You have a system which on the one hand has the needs of the employees for services, and you ought to have the needs of ti Itizens for services. You have the rights of the employees as Civil Service, they have their obligations as employees. The Civil Service system on the one hand has to protect them from influence and on the other hand has to protect you from malfeasance. In what we are proposing there is no loss of safeguards for the employees. But they will get better service, better service as perceived by the consumers of services. The department heads, the employees themselves in the community groups, better services in terms of information, training and development, career opportunities, appraisal and counseling. One of the things we are concerned about is, as we looked at this, Mr. Andrews 'poLieted it out to you, we suddenly realize that we want to be sure it is clearly understood, that is not an organization chart of the total city of Miami, only of those units that report to the City Manager. Up there is the Civil Service Board which muat maintain its function, which no one else can do. What we are addreeeipg. ourselves to solely is, who 39 11/8/73 carries out the processing and the administration of the policies as determined as recommended by the board, and determined by the Commission, and to re=distribute this responsibility for functions, and nobody likes to lose functions. We all know that people, the number of people you got tend to have some relationships to power and auth- ority. But that may not be the best way to serve the citizens of the City and the employees. We tried to come up with a balanced program to maintain the Charter obligations and meet the needs of the City. Mr. Plummer: You finished now? Fine. I am glad you brought up the Planning and Zoning Board. I think • it is exactly what I am trying to say. I don't think any Commissioner sitting here at this desk would have voted for that to be done over a phase -type of operation. We worked un-told amount of hours to get that thing completed in its fullest effect before this Commission said we approve, we are now ready to implement. I like your eloquent words about the threat of change, but sir, that is not my concern. My concern is this, the threat of the unknown. If you will take my word, on page 35, maybe this is what my great concern is, ---the City Manager has reported to this Commission that these changes will not coat any new dollars, that these will not eliminate any people. He did not say it will not re -structure some people. In this paragraph here, you make the statement, if appropriate candidates are available, their positions may be left un-filled, or elimination or consolidation in subsequent pages, at this point, a total of 19 new or re -structured positions have been identified. This list may, ---may be expanded. Now how much is may, how many more people are we going to have to add to the City pay -roll to implement this? I don't know, and it is not contained in this report. Are you talking 19 today, next year when yqu come back, you might say, we are sorry it is going to take 39, "may" is a very broad term. I'd like for him to answer those two points. Mr. Matlin: I'm beginning to see we have a fundamental misunderstanding here. We are not going to report to you next year on the definition of 'may', ---we have a contractual obligation to report to you by December 31st of this year. That is not the question you are asked to vote last Commission meeting, nor to my knowlege, I don't mean to be presumptuous here and I've not been to all commission meetings nor have you been asked to approve something and buy a pig in a poke. This report simply presents our recommendation on part of it. The report comes in two parts. The second part concerning human resource management is due by the end of December. Not next year. Rev. Gibson: May I ask a question? I understand a survey study is only a recommendation, is that right? Mr. Matlin: Of course, sir. Rev. Gibson: We could take, half, three-quarters, changes, or do nothing about it.Is that right? Mr. Matlin: Yes, sir. I6ev. Gibson: --in that same question, we could add 10 people 11/8/73 40 • to the staff, or add the 19 he was talking about. Is that right? 1 want to make sure everybody understands, ------ Mr. Plurnner: But here is the point I am trying to make, you see, if you only add half of what he recommends, and thing falls on its fate, you've got no where to turn, my friend, because he has the most responsive answer there is, ---you didn't do what I told you,you only did half of it. Now, had you done what I told you, if would have been a success but it failed bacaues you cut in half. Rev. Gibson: 3.L.,3.et me say this, I may be successful with a plan, an outline, that's the way I preach a sermon, I have an outline for tie sermon, I may get it all, and then I may not, but itva sure thing if I don't have an outline, I am not going to win any. Mr. Plummer: But you are the only one giving that speech, you are making every decision. Rev. Gibson: Well, J.L. we've got to get some decisions made by, ---we are going to make the decision ourselves based on our pocketbook, Mr. Plummer: --are you going to be blocked into a decision, you can't bow out if you don't like it. Rev. Gibson: Let me ask the second question,as the Civil Ser. Board people have the opportunity, Mr. HWWttoe, let me ask this question, this will help me along, I'm following it literally, but I wonder sometimes if, have you had an opportunity to look at this report and study and compare it in relation to where you are,and what he is asking us and what he is suggesting that where we go, --- Mr. Huttoe: To a degree, sir, but the explanation that I am listening to is for the first time the same as you are. Rev. Gibson: Then the other question is, and I'm going to hush my mouth, J.L. talked all afternoon, so I cal ask one question, J.L. I want you to hear this. What is wrong since you are our arm, with having you the consultants, you the Civil Service Board, sit down and discuss, relate examine and then come back to us, because you would be more sensitive to some of the bugaboos in here than I am sure we are. Right now mentally I doubt seriously if two of us are laying much attention to what you are saying. That is what is happening. I sure I am not paying so much attention, you understand, under the circumstances. Mr. Matlin: I'd like to make it very clear, no one is being asked here today to make any decision about anything, we were asked to come here to answer questions, we did not come here to ask any decision, nor have we finished writing our report, and its part of our first year contract, very explicitly spelled out, as exactly Rev. Gibson has just recommended, and that is that after reach our conclusions we are to meet with all concerned parties to explain what we think aiid get their views. No decision has been asked for 11/8/73 41 by us not is this a full report of our findings. Mr. Plummer: Where is it in your book where it says things to be done immediately? Okay, page 46, and I'll read to you from the middle paragraph where it states the City Manager should present the over-all reorganization strategy to the Commission and request that an enabling ordinance be passed superseding former lines of authority that had been established by ordinance, enabling ordinance should, specifically address establishing as you have outlined here, now, doesn't that ask us to do it now? Mr. Matlint No. Mr. Plummer: Did I misunderstand that? Hasn't it already been implemented? Mr. Matlin: Portions of it yes, Mr. Plummer: That is what I am getting at sir, Mr. Matlin: The Commission was presented two reports on our organization recommendations. The organization recommendations are far broader in scope and content than the specific one that has been focused on exclusively up until this very point which is that concerning the relationship of the Civil Service Board's administrative duties to its policy responsibilities. The presentation we made, outlined to you our recommendation in the area of organization, as I remember it, at the end of that presentation, there was general agreement of a part of the members of the Commission both after the first presentation and the second, that the strategy was one you found agreeable. Mr. Andrews, is my`recollectirn correct? Mr. Plummer: That was based on an oral presentation, which would be followed up with a written presentation. Mr. Andrews: Mr. Mayor, and Mr. Plummer: Mr. Andrews, I want him to finish this, because the one that I was addressing to thyself recent was not this one, but come over here to the left hand side of the chart, the one that's already been implemented. Mr. Matlin: That was the one presented to the Commission. Mr. Plummer: The one pertaining to the deputy City Manager, Community improvement services, has already been done, and I read in the paper the other day, I was not aware that the deputy City Manager, for Fire Chief and Police Chief have been done. That is implementation, it is already done. Wt got ourselves in let me show you another idea, maybe I am too conservative, but let me tell you where, -- we found ourselves at budget time, we are in the old structure of the budget, the budget department was a part of theCity Manager's office, and so under the budget item. Mrs. Gordon asked how Mr. City Manager, are you operating this year with one person less, then we find that a new department had been created of the budget department, it now has 9 people. We are built into that. We agreed that was a good idea, but we didn't know the full 'scope of the picture because now it was purported with one employee less in the City Manager's office, we now have 8.or 9 in a department we had never seen before. Now, let me tell you, and this is something that the Mayor and I might or might not agree on, what I am trying to 42 11/8/73 say to you , in so many words, is this, I had one of your competitors come in and do an analysis study for my type of operation, and they came back to me with the most gorgeous set up you have ever laid your eyes on, and then I started to implement, and I found out quick -like, I couldn't afford it, and I bad already implemented it and had certain people on the payroll, and if I didn't implement it to the full,' was an idiot, and to back out, I stall got these people on the payroll, or I've got to fire them. I am saying to you and I'm only asking, draw me the whole picture, then let's implement it, and I say to you, each one of these phases dove -tail one of another, because you constantly refer in this report, that we; will restructure, we will re -look at these items in the 2hd and 3rd phase, as to indicate to me it is dove -tailed. Mr. Matlin: We do not say in our report that we will restructure, and that we will look at,---- Mr..Plummer: I didn't indicate that, sir,I said you will re -look at these things. Mr. Matlin:----I didn't get to that,and nor can we look at anything because your current contract with us expires on December 31, and phase 3 doesn't thake place for two years fm m now, this is for the City to do, as experience modifies or dictates the need for modification in today's plan. Mr. Plumper: Let's get to one other point. Since you have presented yourplan, the City Manager, if I am not mistaken, Mr. Andrews, correct me if I am wrong, has modified your plan twice before it was presented to us. What I am saying is, get the benefit of what your plan was. I happen to agree with him on certain phases. Mr. Matlin: Our plan, -----I'm going to state this very clearly, I'm not sure I quite understand what you are saying to me, our plan is to document in your possession, Mr. Plummer: Are you saying to me, where was not another plan that had other things that you presented first. Mr. Matlin: I am saying to you we made a preliminary report to this Commission, at which.I said, this is our preliminary conclusion, it tells you where we will go, it answered any questions you will have, and I must emphasize the preliminary nature. I am reading to you from my notes of that presentation, so I know what precisely what was said. My own thought process is` such that I don't reach my best idea the first, time around necessarily and I am not bound by what I thought at the beginning, thinking is a sequential process, we think, we discuss it with people, we look at it again, talk about it some more, we gather some more data, the document you have in your hand is our final conclusion, and our final recommendation, and anything before that is not final. Mayor F-rre: J.L. I think we have discussed this for a hour and a half now. It seems to me that most points have been made, and we have been retreading over the same ground so whatever the deliberations are, I think, the time has arrived, ------ Mr. Plummer: Let me tell you what I have in mind Mr. Mayor. 43 11/8/73 • 4.; Mayor Ferre: Hold on for a moment, J.L. Mr. Huttoe: Mr. Mayor, one side has been presented sir, and I think there are things that have been brought here that the Hoard should make some corrections. Mayor Ferre: Mr. Huttoe, I am going to recognize you and let you speak but I want to point something out to you, I understand what's happening here, we can all understand what this is, a report has been made entitled 'strengthening the department organization structure of the City of Miami, and this report has been, ----and its dated Aug 24, 1973 addressed to Mr. Paul Andrews. As I understand it, this was brought on October 19, to the Commission, and what we are asking what we are about doing here is a resolution authorizing the manager to enter into an agreement with Booz-Allen for the purpose of conducting an integrated management system improvement program for the City of Miami, which is not this document as presented here. It is an intergrated management system program. funding of which has been through the federal grant. Now, that is all we are doing here, we are not accepting this, there is no acceptance of this, this is just a study, its a book, has to be paid for, ---we haven't accepted this nor are we talking about the implementation of it. Mr. Plummer: Yes, sir, I sure am, because it has been started to be implemented, and I don't have phase•2 and 3. Mayor Ferre: Paul Andrews, areVarting to implement this? Mr. Andrews: A portion of that has been implemented. Mayor Ferre: I have not been here so I have to ask the question. If a potion of this has been implemented, has it been implemented as a policy matter of this Commission? Mr. Plummer: No, sir. Mr. Andrews: When this was presented to the City Commission, I told the Commission that at budget time I would take that which had been presented to the Commission, and incorporate it in the budget as a means of beginning the implementation of this plan. I had the impression at the time that this was presented to the Commission, in its preliminary form, that the Commission generally accepted, not by resolution, but accepted that which was being presented to them, and I presented that which I was planning to implement through the budget process. I went to the trouble of having another chart 4rawn,brought it before the City Commission, to go back over it again, as to how we were going to go about implementing this through the budget process. I know Mr. Huttoe wants to speak, and Mr. Mayor I know you want to recognize him, but may I just add this again for emphasis, this matter, and I appreciate what Commissioner Plummer is trying to accomplish by seeing all phases before he begins an implementation plan for theCity. But let me approach it this way, let's assume that this is an excellent organizational way of operating the administration, and let's make an assumption if you will, for a moment that the human resources which is part of the first year program is never implemented. You decide that you are never going to change anything that, ---in the way of 44 11/8/73 • do human resources but operate the way we are operating now. I still want to implement everything that we are talking about as far as this organization, it has nothing to do with it, you are really in two areas of policy making, in the first year, one by policy if you choose to adopt this reorganiztion which we think is something very excellent for the City, as far as the organization structure, and falls under the City Manager, then secondly you are asked to adopt by policy a re -structuring of the Civil Service human resources personnel, if you will, all those terms wrapped together, a new approach to that, that will be another area of implementation then the 3rd area is: the area that is before you on the agenda is the integrated management system impo rovement which is com- pletely separate, if,we did nothing with the reorganization and we did nothing with the Civil Service, they still could carry on a very effective program of telling us what we are doing wrong as far as information systems, data processing that can put into our hands, a department director's hands, information which we will then become more productive, we can direct our employees better.' While the three areas are related, are still distinct and separate. Mr. Plummer: Fine. Disagreement is good. I happen to disagree. I think that all three, and the commonly refer to it in here all the time, all three go hand and in hand. I think you either implement a program to its fullest, you don't move into the house unless it is finished. Now, the house should be finished, and I think we need to do that, -please don't go away from here for one thnute thinking that I don't think that this is good. I have some reservation, and I don't want the questions that I have raised, ---to think that you have done a bad job or cast any aspersions. I think our disagreement has come on implementation. I moved to originally hire you for I think you were needed. I think that this you have here today is need and I '11 be glad to move this where we fall apart, not you and I, but more with Mr. Andrews and I, is implementation before I know the whole picture. Mayor Ferre: Let me interject my thought on this. It seems to me, Mr. Andrews, as I understand all of this, that before the implementation_of these specific recommendations are concerned, I think is a matter of the Charter that we need to get a policy decision from the Commission, am I wrong in this interpretion legally. Mr. Andrews: No, I don't think- you are Mr. Mayor, and the City Attorney is not here but I will venture that. Mr. Huttoe: I think Mr. Weston has researched this for Mr. Reese on several occasions. Mr. Andrews: I very carefully Mr.iMayor and Members of the Commission, re -presented the basic organizational chart to the Commission prior to the budget, included it in the budget, defined it, I went so far to explain that the difficulty the City of Miami has had in its administration is that it hasn't had the people at the top that's needed to direct the people below where we would our efficiency. I went so far during the budget process to assure the City Commission that in the appointment of the deputy city Managers there would be no additional cost. What we would do is eleminate vacancies at the bottom of the ladder, to put the emphasis at the top so we could have these people in place so that the management skills of the City would increase so the people 45 11/S/73 at the bottom would be performing more effectively to better direction. Mayor Ferre: That is all fine, Mr. Andrews, but I think Commissioner's point is a very valid point and what he is really talking to is the policy implementation of these studies and I see your point, I see what you are saying and I see you are talking about budget matter which you have done, is you move some of these things around but you see, by doing that, I wasn'.t here during budget hearings and maybe the policy you discussed then and voted upon, but in effect what you are doing is you may be, ---what you are saying is you are getting more chiefs in the tribe and perhaps not have so many Indians. And you are shuffling things around in that direction, bdt it seems to me that since the impact of it is directly to the heart of the City, that that becomes a matter of policy, and I think that is what Plummer is talking about. If I can interpolate your talk, in 30 words, ---- Let me say Mr. Plummer, it was a pleasure to listen to you even if it is for an hour, ---so I think that is where we are at, ---I see your point and I agree with you. I don't think that that in any way, it is my personal opinion now, contradicts what Item 17 is all about, Mr. Plummer: I agree Mr. Mayor, if we have the full interpretation and the understanding of this Commission that this will not be implemented until we get the full picture. I think what they are doing is great, if anything I would like to speed it up so we could get the whole picture. Is that possible, by the way? Instead of three years, bring it down to two so we can see here, we can say yes, we agree, -- r Mr. Matlin: The answer, everything we have to say about human resources management will be said in writing prior to December 31st of this year. Mr. to agree Mr. any area Plummer: Fine, then maybe we will enough of a picture or disagree or modify, and then start implementation. Matlin: Again sir, we have nothing more to'say about other than human resources management this year. Mayor Ferre: I think where we are getting off base here is that what you are saying really is nol directed to Booz-Allen rather the Manager. That is really what is coming out of this as I see it. Mr. Plummer: That is where the responsibility lays and let's lay it where it belongs. I think what we are really .saying is Mr. Andrews) is that we should go through the pro- cedure of discussing this at the legislative level so we establish a policy before the administrative action goes into place. That is all we are saying. Mr. Andrews: And we wouldn't do, ---touch one page of this new report as far as implementation is concerned until the Commission has fully reviewed acted upon it, and said this is what we want to accomplish, this portion of the total and I want to assure you that, and I thought Mr. Mayor and members of the Commission that we had that area of understanding as far as the organization, or I certainly wouldn't have done it. Mayor Ferre: I am glad you repeated it for my sake. Mr. Huttoe, the Chair is now going to recognize you, but I hope 46 11/8/73 you take into consideration in your statements, the statements that have jdat been made here. Mr. Huttoe: Yes, sir that is the only reason I would discuss it. Mr. Mayor and ladies and gentlemen of the of the Commission I am not in too happy a position to stand here because I don't like to be put in the position of defending my Civil Service System. I would like to think everybody recognizes the system aid it doesn't need defending. I recognize the short -comings and I listened to the presentations that was made here, you know I have to acknowlege those short -comings, but I am not going to accept.the blame for the system. I am going to sir the blame may rest with the Board, but I am going to have to put blame, and I did not want to get ifito personalities. I would like to make it clear to start with that Mr. Andrews has been most cooperative, ----I haven't been yelled at lately, I haven't been beat=up, I haven't been threatened and nidther has Mr. Paulk or our staff, ---Mr. Andrews is quite a gentleman in his dealings with us and has been most cooperative. I have to admit to short -comings that have been presented here and I will be the first one, ---and I think it has been recognized this Board in the past, ----but I want to say to you here and now, that I've worked with the City for some 30 years, in multiple capacities, ----I worked as fireman, as a fire Lt. as a fire Capt. and 1/3 of the fire department I trained over there when I was in basic training, and I am proud of those people, I am proud of every department in this city, and I am proud of every member of this City, and I can say this gentlemen, the Commission here, and previous commissions that some of you sat on prior to this, has given our Board the cooperation, has given the employees better program etc. and there is nothing wrong with our employees. I am proud of our staff at Civil Service and I told them so yesterday. I called them together and told them how proud I was of their actions and what they were doing. My father worked for this City for some 40 years, before he retired and my brother was an employee of this City, but if it hadn't of been for Civil Service I dont think I'd have gotten educated because I don't think my father would have made it through this, would have fired him uo many time like they did, and he got his job back by Civil Ser. action in the courts, and this rule book here is replete,---Huttoe vs. City of Miami, Mr. Lloyd, Mr. Weston, ---they have strengthened and put teeth in these rules. It was mentioned, ----loss of power, I don't lose power. I don't know if I am going to be on this Civil Ser. Board next year, that it up to the Commission. But I say this, I believe in this system, and I love it, and I am going to defend it. I've seen systems all over this country. I've been all over, I've seen ---I can't tell the number of cities that I have been to in this State and all the Southeast, Texas and all through, to Pennyslvania, and I;11 tell you this, any group that sees our manual of rules and regulations and I see what goes on in other cities, and I can name a lot of them, they named some cities, fine. I can name you cities what is called a merit system or personnel system, a rubber stamp system, they call it Civil Service, it never got that way to me, I've been to meetings of personnel associations in this country where the discussion was do you promote the people the department head wants that's not on a register. I hate to take up the time of this body when they have deliberations to make, but there are certain things, and let me say this, you can rest 47 11/8/73 • assured after the comments that were made here at this Commission, some 4,000 employees are going to be quite concerned. There are short -comings in the evauiation, there are short -comings in recruitment, and I'll be the first to admit them and there have been short -comings throughout this City in the recruitment of minorities. But i don't think there's anyone that's worked any harder than this Board and present executive secretary =personnel director, Mr. Paulk and our Board in trying to correct the situation. It was Mr. Paulk and myself and other members of the board that approached Mr. Reese about hiring minorities to assist . It was Mr. Andrews who came and offered his full cooperation to assist us any way his office could do, to do this. Now, I don't like to get into personalities about this whole thing, but in recruitment, some two years ago I asked the Civil Ser Board to give me the right, because I was completely displeased with movement we were making, in our recruitment of minorities, the right to establish a commission or a board which would assist the City in recruitment. That is the news media, television, radio, everyone we could, ----people from the ghetto, everyone who could tell us how to get to these people, and this is our problem, ---how do you get to them? I don't know. I wish these gentlemen would tell me how you get to these people and get them in here without putting a gun on them and running them down here. At that time Mr. Reese and the Board was having a meeting shortly thereafter up at his office. He then said to me, I wish you would not push the setting up that committee, but you would give that right to me. I said sir, you've got it. I will use all the prestige in the power of my office to bring this about. I can use the prestige of my office to get the citizenry, those people who can help us, and the media. That was over two years ago. Today I haven't seenthe committee set up or seen the media helping us in recruitment efforts. Yes, before that we had operation badge, we also had with Rev. Graham when he was on this Commission, we had set up operation fire -hose. Mr. Paulk became personnel director and Mr.Paulk went right to work. He set up a group where we would try to train who may have short -comings and try to get these people qualified and into our employment system. Mr. Paulk went to the school board to set up courses in which these people could improve themselves. I want to say this, that this Board would be gutted under this proposal, just like Mr. Plummer said, it will be gutted. TheCharter sets this Board up, and by that action these rules and regulations and the authority was adopted, I knew what this recommendation was going to be some year and half ago because Mr. Reese told us what he wanted. That he wanted the personnel director under his office, that he wanted this he also went so far as to tell us whether or not the Civil Seryic Board had the right under its rules and regulations and under the Charter for the classifications, and ask the City Atty's office for this and they on numerous occasions researched it, and came back and said we did have the authority, that it was vested that the sole change of these rules was vested in theCity Commission and Civil Ser. Board, the initiation by the Civil Service Board, then the adoption by the Commission. We are not afraid of change because you people --- Mr. Plummer: Can I stop you please, and Mr. Paul):, maybe I am the most guilty but the Mayor has made his comments 48 11/8/73 op • ifsLA and I just talked with Mr. Andrews, they are coming forth. Mr. Andrews has agreed that there in fact there will be no further implementation until these gentlemen have come forth with their report the 31st of December. It can be published, it can be circulated to not only to you, but to us, then let's have a hearing to look into all of the matters as it pertains to this report. I think that is a fine idea, I think it is a great idea and we can all sit back and analyze and then let's have a hearing, let's air all the grievances, all the good aspects, all bad aspects and air all of it at one time. Rev. Gibson: Mr. Mayor let me make I agree with what he is saying with one exception. You know, we could save so much time up here if you and they, I mean the Civil Ser. Board people, could have a meeting, there is no reason why, and see, ---maybe they misunderstand you, if they got to the place where they are understood, ---let me say what I've discovered in this, whenever we have asked people to talk, ---say like employees under contract business, they come up with a much better uribrstanding and then there isn't the misunderstanding, I would hope if it is possible or can be arranged, if you would be talking to these people so that they could -you could --understand what their area of difficulty is, Mr. Matlin:Rev. Gibson, I find this entire situation without meaning to appear , rather bizarre, I did not ask to be here today. I was not ready to report on our findings, and it was never intended to report on our findings to the Commission without discussing it with the Board. Mayor Ferre: That being the case, we are retreading the same thing over, everybody understands, I think we are clear, so at this point, where is Plummer? Mr. Plummer: What I would like to do Mr. Mayor is that we implement 17 now. I only use that as a lever to bring the thing to a head. I admit that, and I think it has been done, I think we've got a lot of airing of the facts,we've got a lot of airing of the all the entire situation, and I personally think it is good. I move 17, Mayor Perre:Theis is a second, any further discussion on Item 17, Mr. Plummer: I reserve the right to make another motion after that. Mayor Ferre: You always have that right. The following resolution was introduced by Mr. Plununer who moved its adoptbn: RESOLUTION NO. 73-892 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH BOOZ-ALLEN PUBLIC ADMINISTRATION SERVICES, INC. A PROFESSIONAL CONSULTING FIRM, FOR THE PURPOSE OF CONDUCTING AN INTEGRATED MANAGEMENT SYSTEMS IMPROVEMENT PROGRAM FOR THE CITY OF MIAMI", FUNDING OF WHICH 11/8/73 49 HAS BEEN PROVIDED THROUGH RESOLUTION NO. 73-28, SAID RESOLUTION ACCEPTED A FEDERAL GRANT UNDER THE 701 COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FROM TAU DEPARTMENT OP MOUSING AND URBAN DEVELOP- MENT FOR SAID PROJECT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Hr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Now, Mr. Plummer. Mr. Plummer: I would like to make the motion that no further implementation of this be made until such time as the report of Dec. 31, do you need it in a motion or not? Its agreed, -- Rev. Gibson: The suggestion is you talk with the Civil Service please, before we, Mayor Ferre: That has been clarified. Thank you very much. 30. ORANGE BOWL IMPROVEMENTS -PROVIDING FUNDS: An ordinance entitled - AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8190 ADOPTED SEPTEMBER 26, 1973, TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $225,000. FROM THE ORANGE BOWL FUND BALANCE TO COVER THE COST OF CERTAIN REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWL STADIUM; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, IN- SOFAR 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 POUR -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 thefollowing vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Mrs. Gordon seconded by Mr. Reboso, adopted said ordinance by the following vote AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8205. 31. PROPOSED APPOINTMENTS TO RETIREMENT BOARD: Mayor Ferre announced the Commission was ready to consider appointments to the Retirement Board. Mr. Plummer: Mr. Mayor, we spoke once before, and I don't recall whether you were here or not, we spoke; 50 11/8/73 about the possibility of maybe putting on that board one of the retirees. Bob, do you recall that? It was proposed to this that the retirees do play and do have an interest in the Retirement B oard, and that because of that it was felt that it would be good if they have representation on that Board. Now, do you want to address yourself to that? Mr. Robert Paulk: Yes, sir, I think Mr. Plummer, that in the trust agreement was one of the areas that you were more primarily concerned. I realize there was discussion about the possibility of submitting a retiree's name to serve as a full member of the retirement board. But in our discussion in developing the trust agreement, we made arrangements that you can recall for an additional two people to serve in the main, or as part of the trustees who would be monitoring the investment performance of the retirement system which obviously is their greater concern. Mrs. Gordon: I recall that, having attended the meeting where that was discussed. Mr. Robert Pau1/C: I realize the Commission can appoint either way, but that was one of the things that was significant in creating an additional two people on the trust agreement. Mrs. Gordon: I would like to state, we are on Item #20, and I am going to speak to Item #21, so unless there is some objection, I move them both at one time. Mr. Lloyd, City Atty: Move one after the other, don't move both at one time. Mayor Ferre: I am going to take the privilege and prerogative, since this is the first time I'm here for a few months, and I request this be postponed to the next meeting. Mr. Plummer: You are going to make that a motion. Mayor Ferre: I don't think I need to make that a motion. I have just asked the prerogative of postponing it. Mr. Plummer: It is not until Dec. 1 so we've got time. Mayor Ferre: In other words it is not a pressing matter at this moment. Mrs. Gordon: I'd like the record to reflect that I had a name for nomination, the name of Rabbi Sol Landau's wife, Gabriella Landau, and I would like to have placed her name in nomination today, on item #21, and I don't know why there is need for a delay when this is an agenda item, Mr. Mayor. Mayor Ferre: Mrs. Gordon, I think if you remember, there are two things I want to point out, number 1 is, the Charter provides for 5 days, so I am a new member on this Commission, and I have the right at any time to request for five days notice, and Mo. 2 I think the Chair has basic prerogatives and this is one of them. 51 11/8/73 414 32..RETIREMENTPOSTPONEMENT--WILTON P. SPENCER: The following resolution was introduce d by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-893 A RESOLUTION APPROVING A ONE-YEAR EXTENTION OF EMPLOYMENT PAST THE AGE OF SEVENTY (70) FOR WILTON P. SPENCER, GOLF COURSE STARTER PARKS AND RECREATION DEPARTMENT, EFFECTIVE NOVEMBER 10, 1973 TO NOVEMBER 10. 1974, WITH THE PROVISION THAT IN THE EVENT OF A ROLL- BACK OR LAYOFF, MR. SPENCER, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED (Here follows body of resolution, omitted here and on file in theCi y Cleic's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso Rev. Gibson, Mayor Ferre. NOES: None. 33. ACCEPTING COMPLETED WORK - PAINTING 0. BOWL S.E. QUADRANT The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 73-894 A RESOLUTION ACCEPTING THE COMPLETED '.'ORK PERFORMED BY M.R. HARRISON CONSTRUCTION CORP. AT A TOTAL COST OF $99,141.37. AND AUTHORIZING A FINAL PAYMENT OF $15,139.96 FOR THE ORANGE BOWL - PAINTING AND MAINTENANCE - S.E. QUADRANT- 1973 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the was passed and adopted by the following vote Plummer, Mr. Reboso, Rev,Gibsont, Mrs. Gordon Ferre. NOES: None. resolution - AYES: Mr. and Mayor 34. LEASE MAGNETIC TAPE/SELECTRIC TYPEWRITER BY PUBLIC WORKS: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-895 A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER IN APPROVING A LEASE -PURCHASE AGREEMENT FOR THE CONTINUED USE OF IBM MAGNETIC TAPE/SELECTRIC TYPEWRITER BY THE DEPARTMENT OF PUBLIC WORKS AND AUTHORIZING A PURCHASE ORDER COVERING THE 1973-74 FISCAL YEAR AND SUBSEQUENT YEARS IF THE CITY MANAGER SO DETERMINES (Here follows body of resolution, omitted here and on file in the City Clerk's office.) 52 11/8/73 • t I r Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. 35..FREE USE OP BAYFRONT PARK AUDITORIUM BY DADE COUNTY COMMUNITY ACTION AGENCY: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-896 A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF THE BAYFRONT PARK AUDITORIUM BY THE DADE COUNTY COMMUNITY ACTION AGENCY OCTOBER 24, 1973 FOR A PUBLIC MEETING PERTAINING TO CONSUMER PROTECTION FOR THE BENEFIT OF ALL DADE COUNTIANS, SUBJECT TO EVENT PERSONNEL, LIGHTS, INURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr..Plummer and Mayor Ferre. NOES: None. Mr. Plummer: I want to ask a question on this, and I don't want it to be mis- nterpreted..My question is very simply ---why doesn't Metropolitan Dade County use their own facility, which is the Dade County Auditorium rather than coming to us and asking us to waive all rentals and all the fees on the City owned auditorium? It doesn't make sense. Mr. Andrews: I don't have an answer for you. I can't give you an answer. Mr. Plummer: The answer is obvious, that they come to us and get everything waived and they don't have to use their own facility. It's. cheaper. Mr. Andrews: I don't understand, but I don't think that's the case. I think it ,has something to do with the fact that they don'ts 'airs in there, and they are paying all the event personnel, lights and insurance. 36. DEFER APPOINTING ARCHITECT TO URBAN REVIEW DEV. BOARD: Mayor Ferre: I am going to request the same deferment as I did on the previous appointment. We will take that up at the mext meeting. 11/8/73 53 3 7. PLAT ACCEPTANCEMMBELLA SUBDIVISION: Mr. Plutmnert My question to the Department is, ---- is Mr. Fereneik here? Mr. Simpson here? Okay, come on, Vince, ---you asking us to accept a plat, for something that is now already under construction. What happens if we don't accept this, if we find something that is not acceptable. It seems to me it is doing things backwards. Mr. Grimm, Dir. of lublic Works: You do this as a convenience to the developer. The plat acceptance is generally or the certificate of occupancy is generally withheld until the plat is finally accepted and that's the control and you let the directors of the respective departments worry that that is carried out. We also in conjunction with that control have a complete performance bond for all the work he is required to do, so we have two separate controls on. Mr. Plummer: I set on the plat and street committee, Vince and many times we tried to get certain -things for the City in the way of easements, dedications and you know you don't sit in the same driver's seat after they have started construction as you do if you tell them, now wait a minute, until you make these concessions, or these right of ways, for everyone's good,- you understand what I am trying to say? Mr. Grimm: It used to be that we did do that, and it was the policy of the Commission, that until after the tentative plat was submitted to all agencies and th&n aprroved this could never happen, and that's the way we do now. Mr. Plummer: I hope we are not put back in the old kind of position because, we need a right of way to get a garbage truck in or utility truck or something like this, so far we've never had a problem with this. this. Mr. Grimm: So far we have never had a problem with Mr. Plummer: Remember I asked the question. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-897 A RESOLUTION ACCEPTING THE PLAT ENTITLED "MARBELLA SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SOWN ON SAID PLAT; AND AUTHOR/ZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Plummer, Mr. Robotic), Mrs. Gordon and Mayor Ferrer Noes; None. 38. PLAT ACCEPTANCE-WEBSTER SUBDIVISION: The following resolution was introduced by Mr. who moved its adoption: Plummer 54 11/8/73 RESOLUTION NO. 73-898 A RESOLUTION ACCEPTING THE PLAT ENTITLED WEBSTCR SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING TIE ,COVENANT TO RUN WITH THE LAND POSTPONING T. IMMEDIATE CONSTRUCTION OF STANDARD SIDEWALK, CURB AND GUTTER AND FULL WIDTH PAVEMENT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, W. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mr. read the me I was Plummer: Mr. Mayor, ---I have to interject this, bottom line of this one, my friend, and tell wrong on the first one. Mr. Grimm: This is an administrative decision. The decision that we have here covenanting this sidewalk is the fact that we've gone out and determined that we don't think sidewalks are necessary or practical at this time. What we are doing is bringing in a wringer. We are making him execute a covenant against the land which says that when we decide the sidewalk is necessary, he has to build it. Mr. Plummer: The point I am making is, you have stopped any immediate construction until he gives this. The other one the construction was already under way. You are in a different position. That is my point. Mr. Grimm: Two different types of construction, Mr. Plummer, one is a building and the other a physical improvement which we have covenanted. 39. PLAT ACCEPTANCE-NAGYMIHALY PARK: The following resolution was introduced by Re\. Gibson, who moved its adoption: RESOLUTION NO. 73-899 A RESOLUTION ACCEPTING THE PLAT ENTITLED NAGYMIHALY PARK, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEC- ICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) 11/8/73 55 was tir. and Upon being seconded by Mr. Plummer, Passed and adopted by the following Reboso, Rev. Gibson, Mies. Gordon Mr. Mayor Terre. NOES: None. . the resolution vote - AYES: Plummer, 40. PLAT ACCIyPPANCE- THE TREI3S:. The following resolution was introduced by Mir. Plummer who moved its adoption: RESOLUTION NO. 73-900 A RESOLUTION ACCEPTING THE PLAT ENTITLED THE TREES, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA: AND ACCEPTING THE DED- ICATIONS SHOWN ON SAID PLAT; AND AUTHORIZ- ING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 41..ESTABLISIIING MINIMUM FEE FOR APPLICATIONS FOR CHANGE IN ZONING AND APPLICATIONS FOR VARIANCES An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8195 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY CE MIAMI ON OCTOBER 4, 1973 BY CHANGING SECTION 62-26 (a) AND SECTION 62-26 (c) BY ADOPTING A MINIMUM FEE FOR APPLICATIONS FOR CHANGE IN ZONING ANDAPPLICATIONS FOR VARIANCES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SEV- ERABILITY CLAUSE was introduced by Rev. Gibson, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 42. ALLOC FUNDS FOR TRANSPORTING STRUCTURE-CENTRO MATER- AFTER SCHOOL CARE PROGRAM: The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 73-901 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN ALLOCATING $2,200. FROM THE PARKS AND RECREATION BOND PROGRAM FOR THE TRANS- PORTATION COST OF A SECOND PORTABLE STRUCTURE TO BE LOCATED AT CENTRO MATER FOR THE PURPOSE OF AN AFTER SCHOOL CARE PROGRAM (Here follows body of resolution', omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 56 11/8/73 • 43. ACQUISITION OF PROPERTY FOR EXPANSION OF VIRRICK PARKS_ The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 73-902 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CON_ DEMNATION PARCEL NO. A-1002.2 OF THE CITY OF MIAMI ELIZABETH VIRRICK PARK EXPANSION PROJECt, AS DESCRIBED HEREIN, FOR THE SUM OF $6,600.00; AND ALLOCATING $6,600.00 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and MayarFerre. WOES: None. PARCEL A-1003.1 44. ACQUISITION OF PROPERTY FOR EXPANSION OF CURTIS PARK: The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-903 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO. A-1003.1 OF•THE CITY OF MIAMI CURTIS PARK EXPANSION PROJECT, AS DESCRIBED HEREIN, FOR THE SUM OF $38,300.00; AND ALLOCATING $40,000.00 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES PER- TINENT TO THE ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote = AYES: Mr. Reboso Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 45. ACQUISITION OF PROPERTY FOR EXPANSION OF CURTIS PARK, PARCEL A-1003.2: The following resolution was introduced by Rev. Gibson, who moved its adoption: 11/8/73 57 RESOLUTION NO. 73-904 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OP CON- DEMNATION PARCEL N0. A-1003.2 OF THE CITY OF MIAMI CURTIS PARK EXPANSION PROJECT, AS DESCRIBED HEREIN, FOR THE SUM OF $38,300.00; AND ALLOCATING $40,000.00 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES PER- TINENT TO THE ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 46. ALCOHOLIC BEVERAGES -OURS DURING WHICH SALES PROHIBITED: Mr. Andrews: The procedures, Mr. Mayor recognizing you were not present when these were set up was to introduce the criteria for the ordinance establishing the hours of sale of alcoholic beverages as they affect the bar owners, --- bars In the City of Miami, recognizing that we must have 14 days in order to advertise this ordinance, it will come up for second reading and public hearings on the l3th of December. Mayor Ferre: Is it. the Supper club deal? Mr. Andrews: No. This is the new procedures required by the State statute recently adopted by the Legislature. In your book you will find under this item #37 a memorandum from me to theCity Commission which recommends that the liquor hours be extended to 3 A.M. however I am recommending that the opening of the bars for sale remain at 1:00 P.M. on Sunday. The request was made by Mr. Nesbitt representing the barowners association, consideration be given to opening bars at 12:00 noon. He may wish to speak on this matter, Mr. Mayor. Rev. Gibson: Mr. Nesbitt, you are ahead now. Mr. Nesbitt: My understanding was at this meeting there really wouldn't be too much discussion, but it would come up at the next meeting, and I think it would be more appropo for me to discuss it at that time. Mayor Ferre: Thank you Mr. Nesbitt, what is we have to do on Item 37. Mr. Andrews: I am not sure, I'll have to ask the City Attorney. ---under these new procedures. Mayor Ferre: Mr. City Attorney what.is the procedure on this? Mr. Lloyd, City Atty: The ordinance is prepared and may be passed on first reading by title only, and publieh today, and in between the first and second reading it can be published by the Clerk. That will require, due to the 58 11/8/73 statutory requirements of 14 days in between that a meeting be by-passed, and the meeting following that, the ordinance will be beard for the second reading. It that right Mr. Clerk? It will be'becember 13th. Mayor Ferre: I am going to tell you, I haven't read this, and is it going to do a great deal of harm to put this off to Nov. 21? Mr. Andrews: Mr. Mayor, I understand what you are trying to accomplish, but its first reading is perfunctory, if you want to change it, vote it down not pass it, Mayor Ferre:Okay, I understand. Any further discussion, is there a motion? An ordinance entitled - AN ORDINANCE AMENDING SECTION 3-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "HOURS DURING WHICH SALES PROHIBITED;SUNDAY SALES" FOR THE PURPOSE OF CHANGING THE SLURS OF SALE OF ALCOHOLIC BEVERAGES FOR BARS was introduced by Mr. Plummer, seconded by RLv. Gibson and passed on its first reading by 'title by the following vote - AYES: Mr. Rebosor Rev, Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre: NOES: None. 47. ACPTG. COMP. WORK N.E. 10 AVE. SANITARY SEWER MODIFICATIONS PHASE II-1972: The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 73-905 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY THE PENETRYN SYSTEM, INC. AT A TOTAL COST OF $50.535.02, FOR THE CONSTRUCTION OF N.E. 10 AVENUE SANITARY SEWER MODIFICATIONS -PHASE II - 1972 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES. None. 48. O. BOWL CLEAN-UP AFTER GAMES:' The following resolution was introduced Mr. Plummer Who moved its adoption: RESOLUTION NO. 73-906 A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE ACTIONS OF THE CITY MANAGER IN INFORMALLY SECURING CLEANING SERVICES FOR THE AFTER GAME CLEAN-UP AT THE ORANGE BOWL STADIUM AS NEEDED; FURTHER AUTHORIZING 59 11/8/73 PAYMENT dF OUTSTANDILdG INVOICES IN THE AMOUNT OF $8,850.00 1OR CLEAN-UP SERVICES THROUGH OCTOBEt 21,, 1973 AND FURTHER AUTHORIZING FUTURE PAYM NTS Tb PROVIDE CLEAN-UP SERVICES THROUGHOUT THE CURRENT FOOTBALL SEASON FROM AVAILABLE BUDGETED FUNDS IN THE 1973-1974 BUDGET (Here follows body of resolution, omitted -here and on file in the City Clerk's office.) Upon being -seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and. Mayor Ferre. NOES: None. Mr. Plummer: For the record, you don't think we should consider this out on bid? Mr. Andrews: Not now, Mayor Ferre: Why? Mr. Andrews: Because, by the time we get through with the bidding process, we will be through the season. before we can even award a contract. Mayor Ferre: Why didn'-t we do this before? Mr. Andrews: Because this is a condition that has evolved from starting a practice of gaining experience, and the more we got into it the more we realize that to put the O. Bowl under the management of professional cleaners to clean up after the game is better than using City employees to do it, and now we have the kind of experience we need, that we are going to be able to draft intelligent specifications and receive bids. Mr. Plummer: In other words, from your conversation next year you definitely intend to put it out on bid? I'll move it; ---- Mayor Ferre: We are gaining experience out of this ---- how much money is involved, just out of curiosity. Mr. Andrews: It averages from several hundred dollars at a high school game to as much as $1500. to $3,000. per game depending on the capacity of the stadium. Where we have one backed up with another, it takes a large force of people to come in and clean it in those few hours theft have in order to havethe stadium ready for the next day. Mayor Ferre: We are getting experience on this andyl tell you, definitely put it out on bids next year. Mr. Plummer: Mr. Mayor, may I interject here, Mr. Andrews tell me again what a high school football game pays to the City of Miami, what is the fee they pay? is it a flat fee? Mr. Andrews: No, not at this time, we depend on a minimum I am trying to remember,---$250.00 or $300. plus 10% of the receipts taken from the gate, and total income to the City around 5 or 6 hundred dollars. 60 11/8/73 Mr. Plummer: Mr. Mayor the reason I am bringing this up and Fathet Gibson, I want you to listen to this, because I think it is very important. might now, Mr. Andrews has told us that High School games played in the 0. Bowl are bringing in revenue between a minimum of three hundred dollars and five hundred dollars. I want to tell you that there is very few high school games that are played in the 0. Bowl that I don't attend. I think we have got to give some serious consideration, maybe not so much to changing the fees, but I will tell you that one game in particular of which I brought to Mr. Andrew's attention that there was roughly five thousand dollars done to the 0. Bowl.,Okay. Mr. Andrews, am I way off? Mr. Andfews: No. sir. Mr. Plummer: I saw vandalism take place at that O. Bowl that you couldn't believe, and it was pure vandalism, it wasn't theft. I saw the speakers ripped out of the men's room just for the pleasure of ripping them out throwing them on the ground and stomping on them. I saw gates at that O. Bowl torn out, I saw cars damaged I saw Policemen have tocks thrown at theft but I am concerned and much concerned right now to the point I think we should give some eerious consideration next year, not so much the charges we make the high schools but making them up a bond, and if damage is done to the O.Bowl the City is re-imbursed from that bond to re -do and re -structure what is needed. I think that is out of line that if a team plays in there, they pay $500.00 let them put up a $10.000. bond, and if $7,000. damage is done we get $7000. out of that bond. And I think that is fair. I bring that to your attention because I don't think I've ever seen any of you there for a high school game, but it is something as far as I am concerned is serious. I tell you what you will do, for example one school over there Edison if I am not mistaken, sends some three hundred faculty chaperons, and let me tell you something, they don't have problems, and if you impose that on every school, they are going to have those chaperons, and they are going to keep those kids in order, and you are not going to have this vandalism and problems. Mr. Mr. Andrews, I hope you will come back keeping my thoughts in mind with some type of situation, that will stop, you are not going to stop it completely, but some way of not having to expend people's money for this total disregard for other people's property. I hope you come back to us before the end of the season so we can put this stipulation in a contract, that they have got to guarantee to this city that they will replace any damage done. And I think it is fair. If you want a motionto that effect I'll be more than happy to do it, because it is something this City needs to do, and now. Mayor Ferre: Let's get this one behind us and then you can make the other motion. City Clerk: We don't have a second. Mr. Plummer: If it is in order I'll make a motion. I make a motion that: THE CITY MANAGER BE DIRECTED TO IMPLEMENT A NEW PROGRAM OF FEES CHARGES AND DEPOSITS FOR THE 0. BOWL, TO INSURE TIIIS CON IISSION TIWT IN THE PUTURE, VANDALISM WILL HOPEFULLY BE CURTAILED AND CHARGES WILL BE REIMBURSED TO THE CITY 61 11/S/73 Mt. Plummer: I'll move that Mr. Mayor. Mayor Ferre: There is a motion and a second, is there any further discussion? If not, Nt. Reboso, do you follow the motion on vandalism? Call the question ------ upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: .Ir. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 49. ACCEPT. HIGHWAY RIGHT OF WAY DEED: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-907 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY THE SEABOARD COAST LINE RAILROAD COMPANY, CONVEYING TO THE CITY OF MIAMI CERTAIN STRIPS OF LAND ABUTTING N.W. 21 TERRACE IN THE CITY OF MIAMI; 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 Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 50. STREET CLOSING -HEARING DECEMBER 13,1973-NATOMA AND ALATKA STREETS: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-908 A RESOLUTION FIXING DECEMBER 13, 1973, AT 9:00 O"CLOCK A.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO BE HELD BEFORE THE CITY COMMISSION IN REFERENCE TO THE CLOS- ING OF NATOMA AND ALATKA STREETS AT U.S.1 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso Rev. Gibson and Mayor Ferre. NOES: None. Mr. Plummer:I want the assurance of the administration that not just 375 ft will be notified, but the people that will be affected by both of these closings are notified. 11/8/73 62 Mr. Andrews: We are going to cover the whole area up to Bayshore Drive, andSrickell Area. 51. BID ACCEPTANCE-O._BOWL SPIRAL RAMP.REPLACEMENT-PHASE III: - The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 73-909 A RESOLUTION AWARDING THE BID RECEIVED OCTOBER 16,1973 OF SAM CLARK & ASSOCIATES, INC. IN THE ESTIMATED AMOUNT OF $87,000 FOR THE ORANGE BOWL-SPZRAL.RAMP REPLACEMENT - PHASE III; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote -Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 52. BID ACCEPTANCE -CONCRETE POLES FOR MIAMI BASEBALL STADIUM PARKING LOT: The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 73-910 A RESOLUTION ACCEPTING THE BID RECEOVED OCTOBER 23,1973 OF PRE -CAST SPECIALTIES, INC FOR THE FURNISHING AND DELIVERING OF SIXTEEN 45 FOOT CONCRETE POLES FOR THE CITY OWNED PARKING LOTS - LIGHTING MATERIALS-MIAMI BASEBALL STADIUM- 1973 AT AN ESTIMATED COST OF $2,640. ALLOCATING THE AMOUNT OF $2,957 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS"; AND DIRECTING THAT A PURCHASE ORDER BE ISSUED THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Reboso, Mr. Plummer, Mrs. Gordon and Mayor Ferre. NOES: None. 53. BID ACCEPTANCE -DRAINAGE PROJECT E-30: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-911 A RESOLUTION AWARDING THE BID RECEIVED OCTOBER 16,1973 OF MARKS BROTHERS COMPANY IN THE EST- IMATED AMOUNT OF $175,765. FOR WESTERN DRAINAGE PROJECT E-30; ALLOCATING THE AMOUNT OF $196,857. FROM THE ACCOUNT ENTITLED STORM SEWER BOND FUND; 63 11/8/73 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 Rev. Gibson, the resolution was passed andadoption by the following vote AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre; NOES: None. 54. PROPOSED BID ACCEPTANCE -SALE OF CITY PROPERTY- BLK 5, KENWOOD Mr.Plummer: Paul, what are we doing selling property? Is there a reason we are selling this property? Mr. Andrews:If this is the one I am thinking of ---- Mayor Ferre: This was advertised for bids, and Mr. J.R. Sanders was the only bidder for $1,100. for city owned property, and its 15' of Lot 3 Blk 5 Kenwood. Mr. Andrew Crouch: This piece of property was purchased by the City of Miami for a utility easement and then it was not used, and it was advertised to dispose of it to get it back to the adjacent property owner. Mr. Plummer: Was it the adjacent property owner? Mr. Andrews: I don't know. Mr. Plummer: I think that is important, because if not, some body will come in there and snatch it and hold somebody else up for it. Mayor Ferre: A motion to postpone this item. Mr. Plummer: Mr. Mayor may I stop the proceedings at this time since we always operate with a full recording and ask that the machine be re -filled. Mr. Southern, City Clerk: Mr. Plummer, we have this one going. Mr. Plummer: I move to defer this item. Upon being seconded by Rev. Gibson the motion to defer was passed and adopted by the following vote = AYES: MR. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: NOne. 55. ACCEPTING COMP. WORK MOTOR POOL NO. 1 TRUCK PAINT SHOP ADDITION-1973: The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 73-912 A RESOLUTION ACCEPTING THE COMPLETED WORK PER- FORMED BY BISCAYNE CONSTRUCTION, INC. AT A TOTAL COST OF $89,556. AND AUTHORIZING A FINAL PAYMENT OF $9,081.60 FOR THE CONSTRUCTION OF MOTOR POOL NO. 1 - TRUCK PAINT SLOP ADDITION-1973 (Here follows body of resolution, omitted here and on file in the City Clerk's office.) 64 11/8/73 4.1 Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso; Rev, Gibson, Mrs. Gordon, M. Plummer and Mayor Ferre.NOES: None. 56. ACCEPTING COMP. WORK MIAMARINA RESTAURANT -LIGHTING IMPROVEMENT-1973: The following resolution was introduced by Mr. Plummer. who moved its adoption: RESOLUTION NO. 73-913 A RESOLUTION ACCEPTING THE COMPLETED WORK .PERFORMED BY ROSSER ELECTRIC CO., INC. AT A TOTAL COST OF $12,228.50; ANDAUTIVRIZING A FINAL PAYMENT OF $1,741.35 FOR THE MIAMARINA RESTAURANT -LIGHTING IMPROVEMENT-1973 (Here follows body of resolution, Omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resiuion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. 57. PLAT ACCEPTANCE-CULMER PARK SUBDIVISION: The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION ' lO. 73-914 A RESOLUTION ACCEPTING THE PLAT ENTITLED CULMER PARK SUBDIVISION NO. 1, A SUB -DIVISION IN THE CITY Or MIAMI, FLORIDA; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLIT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERIC TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES:Mrs. Gordon, Mr. Plummer, Nr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 58. BID ACCEPTANCE -DWARF COCONUT PALMS: The following resolution was introduced by Mir. Plummer, whomoved its adoption: RESOLUTION NO. 73-915 A RESOLUTION ACCEPTING THE BID OF OGLESBY NURSERY, INC. RECEIVED OCTOBER 26, 1973, FOR FURNISHING TWO HUNDRED (200) DWARF MALAY COCONUT PALMS AND THREE HUNDRED (300) DWARF MALAY COCONUT SPROUTS AT A TOTAL COST OF $1,900.00 FOR THE PARKS DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR 11/8/73 65 (Here follows body of resolution, omitted here and on file in the City Clerk's office. Upon being seconded Rev. Gibson the passed and adopted by the following vote Rev. Gibson, Mrs. Gordon,Mr. Plummer and sg,TREE-TRIMMING AROUND STREET LIGHTS: Mr. Plummer: Mr. Andrews, you said you would come back to us this afternoon about trimming the trees around the lights. What do you have for us sir. resolution was - AYES: Mr. Reboso, Mayor Ferre. Mr. Andrews: Mr. Mayor, and members of the Commission we have one tree -trimming crew that operates in the City of Miami, and we have -----we estimate we have, without planting any additional trees, which this Commission has wanted to do for many years, 35,000 trees in the public rights -of -ways. It is impossible to carry out any kind of routine program' of trimming the trees. We can't with this one crew really respond to all the emergency request we receive for trimming trees and taking care of the public right of wayhave In addition to the tree trimming crew, we approximately $1500.00 that we set up in a separate code in which Florida Power & Light Co. based on our request, will go out and do minor trimming to trees to improve the lighting of the street lighting system we have, and this is completely inadequate for oir needs. What.I am going to recommend tq the City Commission is that you give me the authority to proceed to set up two additional crews. We had in the current budget two peices of equipment that we were going to buy to supplement the existing piece of equipment with the idea that when we received the equipment, which is 12 to 18 months before delivery that we would then add the people to institute those crews. Recognizing the delay in the delivery or that kind of equipment, we have in the Miami area who will carry on this activity on a contract daily, weekly basis. depending on how we want to set it up. I would like for the City Commission, to adopt the -resolution on a contract daily, weekly basis, depending on how we want to set it up. I would like the Commission to adopt a resolution authorizing me to received bids on whatever best basis it might be for the City to hire one and possibly two firms or one firm that can supply more than one crew that would enable the City to spend some of the money we have budgeted to revenue sharing funds for the street lighting program to improve the lighting that we have, and maybe it will mean some small increment less for new street lighting, but this is going to conserve energy and I realize the lighting is for the purposes of deterring crime and making the public rights -of -way safe, but through this use of these funds we are doing exactly that. We are getting the maximum benefits from the lighting we have on the City streets today., Mr. Plummer: Mr. Mayor, I will make a motion at this time that the City Manager be directed to instigate bids for an immediate basis, the funds to be derived from the lighting program of the federal, revenue sharing to implement a program of tree trimming to bring our lights that we presently have back up to 100%. Mayor Ferre: Is there any further discussion on this? Mr. Ongie,City ClerkiI want to know,if Mr. Andrews wanted this in resolution form, and we'll have to have the City Atty prepare it. 66 11/8/73 Mr.'Andrews: I am going to go ahead,------i'll tell you how he can handle it,I am going ahead based on the Commission's general direction, and start procedure of the bids.We will have on the next agenda a resolution ratifying the action taken by the City Manager. Mr. Plummer: I hope in the next Commission meeting you will have the bid awarded. Mr. Andrews: I hope so too. Mr. Plummer: I'll move it in that fashion. Mr. Reboso: Second, ---- Thereupon the motion was passed and adopted by the following vote - Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer Mayor Ferre. Mr. Plummer: I have one other thing in this same light. Mr. Andrews, three months ago, I supplied to you pictures of a machine which I saw in operation in Colorado for the removal of bad or defective trees. You promised me at that time that you were going to find out if could one of these in the fight against the blight we have here presently. May I ask for an up -date at this time, ---has the machine been investigated , has it been purchased, what is the status? Mr. Andrews: The machine is being investigated, I am not sure that we are prepared to make a recommendation for purchase at this time. We really would like to have the piece of equipment here for demonstration. You see, we ha ve so many trees growing in rock and we are not sure to what extent that this piece of equipment will perform. I hope to have a positive recommendation for you in the near future. Mr. Plummer: Does anyone locally handle that piece of equipment ? Mr. Andrews: We have not found anyone that handled it. Mr. Plummer: Here again I think the sooner the better. I am not saying that Paul Andrews is delaying, but this situation is getting worse day by day by day. I think it behooves you to try to get this machine here so this Commission can look at it. I really think this is a piece of machinery that can help to eliminate this situation. I hope at the next meeting you will be able to give us some definite things on it. 60. WAIVE FEE FOR BASEBALL STADIUM-LOS CUBANOS LIBRES: The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 73-916 A RESOLUTION WAIVING THE RENTAL FEE FOR THE MIAMI BASEBALL pSSTAADIIUMMpFOR THE LOS CUBANOS LIBRES OOFONSCEBAR� EXPENSES- BER 14,1973 SUBJECT TO PAYMENT (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: kir. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 67 11/8/73 61. RETIREMENT BOARD ELECTION -CONFIRMING ELECTION OF DONALD L. PRINTZ: The following resolution was introduced by Rev. Gibson. who moved its adoption: RESOLUTION NO. 73.917 A RESOLUTION ACCEPTING THE CERTIFICATE SET FOPTH HEREIN CONFIRMING THE ELECTION OF DONALD L PRINTZ TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES': RETIREMENT SYSTEM FOR A TERM OF TWO YEARS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson,Mayor Ferre. 62.RAPE VICTIMS BE TAKEN TO HOSPITAL BEFORE INTERROGATION: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-918 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, THAT RAPE VICTIMS WHO COME WITHING THE PUR- VIEW AND JURISDICTION OF THE POLICE DEPARTMENT OF THE CITY OF MIAMI BE TAKEN TO THE RAPE TREAT- MENT CENTER AT 'JACKSON MEMORIAL HOSPITAL BEFORE INTEROGATION BY POLICE DEPARTMENT OFFICIALS (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Ferre. 63. PARKING LOT LIGHTING ORD.-SUSPEND w •RCEMENT UNTIL AFTER HEARING NOV. 21,1973: Mrs. Gordon: This is an emergency ordinance, relating to the energy crisis, and I will read it just by tile. You have it in front of you, ---- "An ordinance amending Ord. 8115 b!.• suspending the prov. of enforcement of said ord. as provid ed by Sec. 6, and the imposition of the criminal penalties as established by section 9 of said ordinance until the termination of the energy crisis, repealing all ordinances or parts of ordinances 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 4/5 of the members of the Commission Mr. Plummer: Well, what is this? 11/8/73 68 Rev. Gibson: What it is doing, remember we had an ordinance about,--- - -Rose you explain, ------ Mrs. Gordon:- -yes, all about the concerns with the need to conserve energy. There has been further controversy in regard to this ordinance that we are amending now, which is in effect a suspension of the provisions of the enforcement of it until such time as we can do two things, one we can analyze it with regards to the effect that it willhave, after the imi'le- mentation of sodium vapor lights, No. 1 and No. 2 that in the meantime it will'comply with the request of the President of the United States, who has asked the cooperation of all local governments in conserving energy. This ordinance that we are referring to, if you recall, call for installation of lights in all parking lots, and in many cases it is superfluous expenditure of electricity. so this is a temporary measure. Mr. Plummer: Mrs. Gordon, let me ask this question, now, we have to operate some rules and regulations, and if I am not mistaken we have scheduled a public hearing for this the 21st of this month. You are eliminating that public hearing, and I don't mean to be facetious, but you know I am looking back at the other motion you just made about the rape center, and I wonder if you are not creating business. Because the reason this was put in originally was to atop this kind of thing in the downtown area. Mrs. Gordon: What thing? Mr. Plummer: Let me ask you this? Mrs. Gordon: What thing are you talking about Mr. Plummer? Mr. Plummer: The rape center, the reason this ordinance came into being was because of the rape problem in the downtown area. Am I right or wrong? Mrs. Gordon: We are facing a critical energy shortage at this moment, Mr. Plummer. Mr. Plummer: If you say, or re -word this to read,"until we eliminate the criminal section, until the public hearing on the 23" I'll go along with you. But when you say as long es the emergency exists, nobody knows when the end of that is and you eliminated a public hearing. Mrs. Gordon: Mr. Plummer, you can call a public hearing to amend,this is only a suspension of the provisions, certain provisions of it, this does not eliminate it, I am not saying Mr. Plummer: Rose, if you don't have ways to enforce it haven't got anything. ------ Mrs. Gordon: Well, J.L., we can't enforce installation of additional electricity when we are bing asked to cut out. --- what we are using now. Mr..Plummer: We can take that into consideration at the meeting of Nov. 21 when we have experts here. Mr. Andrews said at lunch today and told us that the new type sodium vapor lights are not burning much more electricity than the old lamps but we've got twice the light. That we can take into consideration. 11/8/73 69 \< • Mrs. Gordon: At any time in the future that we wish to change this ordinance again by the same measure we are taking today we change it again. However, we should comply, we should do something to cooperate with a very critical situation that we are facing today. And this is one we have lived without for a long time and we can live without until this thing is settled. We can still have our public hearing. Mr. Plummer: Am I privileged to make an amendment? Mayor Ferre: You certainly are. Mr. Plummer:Maybe at this public hearing on the 21st Mrs. Gordon's motion will be fully in order, and I might concur after I've heard from the experts, but until that time we are just groping in the dark. My amendment to her motion would be that we remove that peftalty until the public hearing on th 21st at which time we might want to reconsider or maybe fully implement, but we just take away the criminal section until the public hearing on the 21st , and that's more definitive. Rev. Gibson: Mr. Mayor let me ask, why can't we instruct the department not to enforce, do what J.L. said then. Mayor Ferre: Would you be specific in your motion to amend? Mr. Plummer: Yes, sir, that the criminal provision be eliminated until the public hearing of Nov. 21. Mayor Ferre: Is there a second to that amendment: Rev. Gibson: I'll second the amendment. Mr. Plummer: I am supposed to use the wording 'suspended.' Mayor Ferre: There is a motion that the criminal portion ---- Mr. Plummer: No, that is an amendment to a motion. Mayor Ferre: That's what I said, that there's an amendment to this ordinance that the criminal portion of it be suspended, ---- Mr. Plummer, No, sir, mine is an amendment to Mrs. Gordon's motion. Mayor Ferre: She doesn'tea motion because she doesn't have a second. Mr. Plummer: I am sorry, I stand corrected. Mrs. Gordon: May I my own motions to confirm ,---- io comply with what I think Mr. Plummer is interested in having and since this has to be prepared ahead of time, it will only take a change of one or two words. It says, An ordinance amending ord. No. 8115 by suspending the provisions of enforcement of said ord. as provided by Sec. 6, and the imposition of criminal penalties as established by Sec 9 of said Ord. until Nov. 21 public hearing. 11/8/73 1 70 Mr. Plummer: 2'11 second the motion. Rev. Gibson: You have my vote. Mayor Ferre: There is a motion and second, is there any further discussion? Mr. Lloyd City Atty: It is an emergency measure, so you provide for the second and reading. Pass it on lst and then on 2nd reading. Mayor Ferre: What's the effects of this without any Mr. Plummer: The effects of this is Mrs Gordon rightfully so is concerned about the energy crisis, the problem is, that we were shown Mr. Mayor, on the tour which you did not have the privilege of attending that some parking lots in this town. to comply with the law, are having to put up so much light it is objectionable to the neighbors, which is a good concern, and when that concern was brought back to this commission, we scheduled another public hearing so these things could be corrected, they would not be objectionable. Mrs. Gordon put one in here to eliminate the enforcement of this ordinance until the energy crisis is over. Mrs. Gordon: That's okay, because in all probability, the additional amendments on the 21st to the ordinance that will be permanent in nature. Mr. Plummer: I thought it was only right to delay this, or should abide by this until the 21st public hearing, then if we want to implement this as Mrs. Gordon first proposed, at that time we can. Mayor Ferre: So what is the sense of passing it without that, Mr. Plummer: if someone doesn't comply between now and the 21st they don't go to jail. Mrs. Gordon: And thby won't be charged a penalty . Rev. Gibson: Along with the fact, Mr.Mayor, now that the eiieigy crisis is a problem, it may be that we would not want as much light. Mrs. Gordon: We may remove it completely. Mayor Ferre: This is an amendment to an ordinance. Mr. Lloyd, City Atty: to an already existing ordinance, W. Mayor you were not here then it was passed. Mayor Ferre: I was not here, you have to explain this to me, otherwise I am going to defer the whole thing. The existing ordinance as I understand is, that parking lots have to have a certain intensity of light, and what this does is suspends the criminal provision in someone not complying with that law yft. 11/8/73 71- Mr. Lloyd, City Atty: -- --until Nov. 21st, --- Mayor Ferre: On Nov. 21 we have a public hearing on this specific item. I have talked to a lot of people in the last couple of months, and I tell you the consenses of this community is that they want lights, and they want lights all over. The majority of people are convinced that it is a deterent on crime. and I all for it, preserving fuel, and I understand the energy crisis, but you talk to the mother of a child that has been beaten or a person that has been raped, and that to me comes first. Mrs. Gordon: Let me say this would not affect street lights whatsoever, and it is only on private props•ty. Mar Ferre: When a criminal is going to assult somebody he doesn t worry if it is on a street or a parking lot. Mrs. Gordon: True, but a lot of parking lots face on the street, that will be required to put in unnecessary amounts of light. Mayor Ferre: At the public hearing we can then change or amend or do anything we want. I will vote on this with that proviso and understanding fully well, that I stand very firmly on the question of light in this community. If no further discussion, call the roll, ---- Mr. Ongie, Asst, City Clerk: Mrs. Gordon, so I completely understand this, this ordinance is being passed as presented except that the words 'until the termination of the energy crisis.' we are going to substitute 'until Nov. 21' is that correct? Mr. Plummer: Nov. 21st public hearing. If for some reason the public is called off, we re-evaluate. An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8115 BY SUSPEND- ING THE PROVISIONS OF ENFORCEMENT OF SAID ORDIN CE AS PROVIDED BY SECTION 6, AND THE IMPOSITION OF THE CRIMINAL PENALTIES AS ESTABLISHED BY SECTION 9 OF SAID ORDINANCE UNTIL THE PUBLIC HEARING ON NOVEMBER 21,1973; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE A ND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OP THE COMMISSION was introduced by Mr. Plummer, and seconded by Rev. 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 followin vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre NOES: None. Whereupon the Commissbn on motibn of Mr. Plummer, seconded by Rev. Gibson, adopted'said ordinance by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor ?erre NOES: None. Said ordinance was designated Ord. No. 8206. 11/8/73 72 Mr. Plummer: In this same light, Mr. Mayor, I think this behooves the City Manager to invite those experts from Florida Power & Light tell us at that public hearing how this would affect the energy crisis, so I think it would be well zir. Andrews if you have those people here for the public hearing. 64. PENSION ADJUSTMENTSPOR RETIRED PERSONS: Rev. Gibson: Mr. Mayor I want to bring up a matter that I was about to forget. At budget hearing time, I made the observation that it was degrading to have senior citizens come here who were retired, like with their hat in their hand, asking for just simple decency of giving them a a dollar or two more on their pay check. I thought that was the most degrading thing that could happen. I received a letter, and I think all of us received it, and one of the men reminded me that that was what I said at the time of budget hearings. Lest I may not be here, I hope that this commission will take some affirmative action by suggestion or resolution or something, to instruct the pension fund people of the administration to once and for all, as long as we are here, to always provide for an increase in cost of living, and stop having elderly people come here with their hat in their hand. It is embarrasing, and demoralizing. There is no reason why, if you have a pension fund, now that we are under a new arrange ment, there is no reason why, the reason for a new arrangement is that are going to make some more money, or do better ----there is no reason why we could not instruct that pension fund committee right now. I hate to be a part of a thing where people who have been retired six to ten yearsT, cpme and say, won't you give me $10.00 a month more. i+ oughtvaK automatic policy, and we love the people who have served the city well. We take that kind of position. Mr. Andrews; Mr. Mayor and members of the Commission, for a moment I'd like to as the spokesman for the pension system, Mr. Paulk is here who can speak if he wishes, and explain to the Commission their concern over this matter, the fact that the pension board has made a study, an actuarial study, and it is a question of implementing that when funds are available. Mr. Paulk can describe to the Board's concerns and the actions they have taken. Mr. Robert Paulk: Yes, sir, of course Mr. Mayor and members of the Commission, the Retirement Board did pass as well as this Commission, to implement an adjustment once again for the people who are retired. If I understand you, Commissioner Gibson, what you are looking for is something in the future, which we had a study on, which represented something in the vicinity,if my mind serves me correctly. about 2.4 million dollars each year in addition contribution to fund actuarially, an escalation that would provide for a 2% increase each year for all retirees.. And we just didn't have the money, I am sure Mr. Andrews didn't have it to recommend. Rev. Gibson: All I am saying is, I think if we don't have the money, we ought to tell the people, and ought make sure we don't have the money. because I find it repulsive to have elderly people come here with their hat in their hand, all I am saying is, let's establish a policy,and then in the future if they don't get but one dollar more, they ought to get that one dollar. Mr. Robert Paull(' Commissioner Gibson, I certainly agree with you, but it is something that the Commission is going to have to 73 11/8/73 face at the time it is going to embody that within the retirement ordinance, because it is going to be quite n heavy contribution, henceforth when it should come in, and that is your decision to make, based on the actuarial recommendation. Rev. Gibson: I just wanted the Commission to know that if I am here, I will be plugging like the devil, because. I have been embarrassed. Mr. Andrews: Mr. Mayor and members of the Commission, there are about four different plans, different programs where employees and pensioneers would receive emoluments. When it comes time for the Commission to adjust the ordinance based on funds that will hopefully become available as a result of the new money management. the Commission is the one that is going to have to decide which is the most important, which has the greatest benefit, ---- Mr. Ralph Parks: I would just like to say, possibly for clarification of the Commission that you are probably going to get requests from retirees as to why they have not received yet the increase you voted them to take affect Oct. 1st.. That is becauiie of internal problems, just a matter of processing it, and on Oct. 15 a notice was sent to all retirees saying that they would be getting it as soon as they could be processed. They expect to have it out with the Nov. 15 check. 65. ESTABLISHING TRUSTEES OF THE RETIREMENT SYSTEM: Mr. Andrews: Mr. Mayor and members of the Commission, you have to come back to item #5, which was postponed until this afternoon at Mrs. Gordon's request. This is the trust matter of the pension system, establishing the trustees. Mr. Plummer: Tell us what modifications were made and why. Mrs. Gordon: May I bring up the point? I asked that it be deferred until later in the afternoon until I had a chance to read it, because in glancing through, I noticed that in the copy I had in my book, it didn't say that ----- Mayor Ferre: Since this is a complicated, technical matter I request the prerogative of postponing it until the 21st unless there is a technical reason why that can't be posponed. Okay, it is postponed until Nov. 21st. Mr. Plummer: Let's make sure we get a copy of the amended one. Mayor Ferre: Where is the amended copy? Mr. Andrews will you see everybody get an amended copy? : Mr. Andrews: Yes, we will. 66. RECRUITMENT OF BLACK OFFICERS FOR POLICE DEPARTMENT: Mr. Plummer: Mr. Mayor, to comply with the City Attorney's request, let me read this resolution which we offered this morning, to just make it legal. It is in front of each of you, ---- "A resolution that the policy of the City Commission is that the City Manager will comply with the order of the Federal Court in the case styled Franklin Cohen, et al vs. City of Miami et al, requiring the appointment of a Bleck officer in a policy position wait a minute, let's get it clarified, I am not getting 74 11/8/73 mad, I'm just getting the thing straight for the record, --- there is something here, --- Mrs. Gordon: Where, Mr. Plummer: Mr. Mayor, my contention'is, Pather,iisten to this, it was very clearly spelled out that this man in my estimation would be the rank of a major. It does not say that here, he shall be of a policy making position, Mayor Ferre: Make the motion corrected, --- Mr. Plummer: I want it understood, as long as it is agreed and concurred that a man be in a policy making position in the police department is the rank of major, then I will concur.. Mr. Andrews:There is a reason for not putting it in, Mr. Mayor. Mr. Plummer: Is that agreed? That the man who is chosen will be Black. and be of the rank of Major. Mr. Andrews: Let me state iT another way if I may Mr. Mayor and members of the Commission. On the policy making decision level, the minimum level in the Dept. of police is the rank of Major. The reason that I am saying it careful is that this order that the City Atty is showing to Mr. Plummer is available to all of the Commission, is very carefully constructed and was very carefully constructed when you adopted the resolution by on April 19, and it says that therefore, within 18 months of the date of final determination of this case there shall be appointed according to the Charter and ordinances of the City of Miami, a Black officer from among its ranks,un-classified policy making, the lowest un-classified policy making position within the department is the Major. Rev. Gibson: When I see him , I want to make sure I'm going to be saying Major so and so, you understand that? Mr. Andrews: Mr. Mayor and members of the Commission, Commissioner Gibson, you have the right title, as you addressed it, that is the way he will be addressed, he will be no different than any of the other majors. Rev. Gibson: I just want to make sure. Mr. Andrews: Mr. Mayor and members of the Commission, I under- stand your position, and I understand the humor, and I go along with this, but this is an extremely serious matter, and some of the things you keep bringing up, you seem to think that there is some doubtful area to the intent, and I want assure the Commission that there is none. Mr. Plummer: You want me to read it by title? Okay ---- A resolution that the policy of the City Commission is that the City Manager will comply with the order of the Federal Court in the case Styled Franklin Cohen et al vs City of Miami, etal requiring the appointment of a Black officer in a policy making position not later than December 12, 1973, and inthe event the the City Manager is unable to comply within that tine period he will report back to the City Commission the reasons therefor. The only thine not encompassed here Mr. Lloyd is, and I think Mr. Andrews went on the record that it will be a person from within the rankt. That is not incorporated in this resolution. 75 11/6/73 Mr. Plummer: As long as it is understood, and it is on the record. Rev. Gibson: He wants to make sure you understand, Mr..Plummer; That has not been a problem with Mr. Andrews. When you put it down in black and white, there is no misunder- standing later. The following resolution was introduced by Re\t.Gibson who moved its adoption: 4 RESOLUTION NO. 73-919 A RESOLUTION THAT THE POLICY OF TIE CITY COMMISSION IS THAT THE CITY MANAGER WILL COMPLY WITH THE ORDER OF THE FEDERAL COURT IN THE CASE STYLED FRANKLIN COMM, ET AL VS. THE CITY OF MIAMI, ET AL. REQUIRING THE APPOINTMENT OF A BLACK OFFICER IN A POLICY MAKING POSITION NOT LATER THAN DECEMBER 12, 1973, AND IN THE EVENT THAT THE CITY MANAGER IS UNABLE TO COMPLY WITHIN THAT TIME PERIOD HE WILL REPORT BACK TO THE CITY COMMISSION THE REASONS THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon bein g seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. Mr. Andrews: Mr. Mayor, there is something that is concurrent with what you are discussing, we might as well finish, and Mr. Paulk and others have been waiting here, it has to do with the processing of this order and one of the things that the commission is going to have to do, is to pass a motion or a resolution, authorizing the City Manager to begin receiving proposals for your consideration as far as the employment of an independent agency to assist the Civil Ser office in preparing examinations, and all the other things that the order prescribes itself to. Mayor Ferre: There is a motion and a second, ---- Mr. Robert Paulk: I know it is late, and I know you recognize the problem, it is very serious, and needs attention immediate attention, so that we have this facility available. The motion was introduced by Rev. Gibson, seconded by Mrs. Gordon, and was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 67.DEDUCTION OF UTILITY TAXES ON INCOME TAX RETURNS: Mr. Plummer: Mr. Mayor, this was deferred from this morning, i don't have to go into the reasons why, but I would like to move it at this time, as the Board of Dir. of the Fla League of Cities, proposing legislation to permit the deduction of utility taxes on income tax returns. What the crux of this is Mr. Mayor, because of the 10 Mill cap. you can deduct the taxes on your house that you pay from your income tax,---- 11/8/73 76 Mayor. Ferret Is it individually or. corporations. Mr. Plummer: Individually only. Okay? And what this in fact does, the people who are paying utility tax to help Overcome the 10 Mill cap, it will allow them to deduct this utility tax also from their income tax. Mayor Ferret You are talking about the utility tac within the City of Miami. Mr. Plummer: -the proposed legislation is State wide sir. — Mrs. Gordon:It is a recommendation of Congress, that is all, asking Congress to change the law to permit that kind of deduction from income tax, because we can't do that. The following resolution was introduced by Nr. Plummer, who moved its adoption: RESOLUTION NO. 73-920 A RESOLUTION ENDORSING A RESOLUTION OF THE DADE COUNT? LEAGUE OF CITIES, INC. PROPOSING LEGISLATION TO PERMIT THE DEDUCTION OF UTILITY TAXES ON INCOME TAX RETURNS. (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mrs. Gordon the reeolution was passed and adopted by the following vote - AYES: Mr. Reboso,Rev.Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. 68. REQUEST TO USE ORANGE BOWL: Mr. Plummer: That is a group here that would like to speak before the Commission, they are short on time, Mr. Mayor before they speak, and I don't know their full presentation, let me just tell you why I was happy to hear from them. One of the things that had bothered me about the O. Bowl, in particulat, is the fact that it does cost a lot of money to operate and maintain, and what we are faced with is that the O. Bowl is only used 36 times a year, that is the average of a normal year, now these prople here have proposal, they would have to make the normal safeguards to the administration, but I think this is another source of income that can be derived to this City from the 0. Bowl. I don't know and I don't want that to be a stamp of approval on this proposal, but they have a proposal for which they are willing to build in all kinds of safeguards, bonds deposits and I think it is worth listening to, and their proposal is just a short time off, as far as advertising and I think this Commission ought to listen to it, and maybe set up a policy so that we can rent out that Orange Bowl for additional type of activity to derive additional income into the City. This is the reason I slked these people to wait to make their presentation to the City Commission, azd if you will take it from there sir. Mr. Wilbur Coleman: My name is Wilbur Coleman, I live at 1850 N.W. 52 Street, city of Miami, Concerts and Cabarets has presented a proposal to the CityCommission and Commissioners on an indiOidual basis, as well as the City Manager's office, proposing the rental of the O. Bowl. We would like to rent the O. Bowl and put on a charity benefit in the Miami Orange Bowl. What we propose to do is, all proceeds from these events will go to charitable 77 11/8/73 organizations. The charitable organizations have been named, with the exception of one. Tacolcy Center has been added to the list. I will re -name the list for you. We were talking about Christian Hospital, which Fr. Gibson is very familiar with. It is an all Slack hospital, privately owned privately supported and in dire need of funds. Then we were also talking about Variety Children's Hospital, March of Dimes. Operation Push, we were also talking about Tacolcy Center, so we are hoping we can rent the Orange Bowl, put on an affair and either the last Stturday of January or the 1st the Saturday of February, one or the other, we prefer the 1st Saturday of February. The whole issue is we will put up in escrow, whatever is considered feasible to rent the Stadium. We will take care of all responsibility, as far as insurance, whatever miscellaneous expenses are incurred, will be upon our heads. W: will bear all expenses. We are willing to put up as much as $50,000. in escrow to the tune of whatever expenses may be incurred. We are asking for a chance to rent the stadium. Mr. Plummer: Let me make this point, because I think this is the important point. The administrations concerned in the past has always been the breaking or voiding of the contract of the polyturf. These people do not in any way propose to use the polyturf, they would use the end zones for their entertainment but their need is for a 80,000 capacity of seating. Mr. Mayor I would like to offer at this time a motion that the City Manager sit down with these people and develop a policy that he can live with so that this Commission can with the necessary safeguards not listen to that well, the necessary safeguards, and excrow money to safeguard that he can rent the 0. Bowl for addition sources of income for the City. But we are talking about, and I have no idea what you are going to charge for these seat per ticket but I would assume that its the kind of concert I know it is going to be, it is probably going to be $10.00 a head. Mr. Coleman: Less. Mr. Plummer: Let's figure $5.00 a head, 80,000 people at $400,000. or one night affair bringing in to the City $40,000, based on the rental fee. Mayor Ferre: Which is more than we get from the Dolphins. Mr. Plummer: I don't want to put a seal of approval but I thinly is a source that needs to be looked into. Let me tell you why I say that Mr.Mayo r. I grow up around the Orange Bowl, I can remember the days when there was polo i:i the O. Bowl, I remember rodeos in the 0. Bowl, I remember circuses. Mr. Mayor I am proud I grew up with the town. Mr. Andrews: Mr. Mayor and members of the Commission there are several well founded organizations in the Miami area that have come to me and Mr Reese in the past, to use the 0. Bowl. There is one right now, I can't remember the gentleman's name, but he works with Mr. Dick Pincher who is responsible, puts out a beautiful booklet, even goes to the trouble of walking the neighborhood to find out what kind of protection you heed if you hold an event. He came to the City with the ide of using th Grange Bowl. We discouraged him because of some eq'eriences that we've had in our other facilities, when we get large crowds attending these type of jazz concerts, and we discouraged him from using the 11/8/73 78 O. Bowl so they shifted the whole grogram to thr 1;aseball Stadium, ichangirg their concert. Now, in fairness if you went to explore the use of the O. Bowl, I'd better explore with n11 the individuals, and bring those I:roposals back to you, ---- and you make till decision. Mayor Ferrn: Let me tell you my off -hand, off-th -cuff first opinion on this. We have a facility which is worth 20 to 25 million dollars rerlacement. We nrc now making a half -million dollars, ---"malting", because I understand that it is used for the maintenance and operation. We have a contract with the Dolphins, which I imagine we ere going to re -negotiate within the next year, since it comes up in two years. I don't think they will wait till the last day to re -negotiate that contract. And I think they are kind of waiting until the end of this election to see if they are going to renew, and I think after the election, we will see what happens. Now, I imagine, any way you slice it, that the fees are going to be going up. In fact I have a strong suspicion that that's going to be the case. Now, if we are making a half a million dollars now, and we en0 ur making another million, I think what you have to do in your stzdy, what I am leading up to Mr. Andrews is you've got to eveluate the total picture, and that means income now and proposed income. and theridcs' that we take by using it for other events. If at all possible, I would concur with the philosophy of Mr.Plummer of trying to use that O. Bowl as many times as possible for the welfare of all of the community. provided however, it doesn't do harm to the income producing aspects of what it is dedicated to. I wanted to put those guidelines in there. There is a motion and two seconds, is there any further discussion? Mr. Plummer: Mr. Mayor I would hope for the record you would clear up a statement you just made, because I don't want Mr. Andrews to be placed in a position of negotiating a contract with certain built-in already -known facts. You made the statement sir, that you assume the fees are going to be higher for the Dolphin contract. I would hope you would think this would be more iri line with current day costs but don't you say that, its going to be higher fees, because you put Mr. Andrews in a Mayor Ferre: No, no, I stand corrected, it is a good comment. I think that is a better way of phrasing it. Strike the other from`the"record. Mr. Plummer: I hope the other will be stricken from the record. it . Mayor Ferre: It means the same, but a better way of putting Mr. Plummer: Mr. Andrews really knows that. Mrs. Gordon: Could you read the motion please? Mr. Angie, Asst City Clerk: Mr. Plummer, I'll have to repeat this to see if it is with your approval, 'a motion to instruct the City Mgr. To develop a policy to determine if the Commission can with necessary safeguards and escrow money, rent the O. Howl for additional events and income. Mr..Plummer: That's my motion, my question to the City Manager is,these people are the impetus of this, Mr. Andrews, 79 11/8/73 they have expressed a desire for just after the first of January, because of the fact that you are just going into to redoing the O. Bowl, when do you believe you could give us an answer, or them an answer, they are ones that want it mare than us. Mr. Andrews: Well, I hope that I can, if the Commission doesn't hold me to a great number of details, give you sufficient information so you make a decision at possibly the next Commission meeting . Mr. Plummer: On the 21st? Mr. Andrews: Yes. Mr. Plummer: ----so these people can be so informed. Mr. Andrews:There is one thing that I want to make sure these people understand, that there are limited uses, because of our involvment have the people, potential users, the two or three that I know of, come here so we could work out a scheduling, and maybe they should come first before these people, because we deferred them from using the O. Bowl. Mr. Plummer: We can go into that at this time, ---that but don't don't let these people go away here from any misunderstanding, we first, got to set a policy, you understand that? ---this policy we hope we can set on the 21st of November, then we will listen to your proposals that you can comply with the safe-, if it is the policy of this Commission to do it, you can comply and you request such and such a date. You understand that, you are not going away with any misconception that we are putting this forth for you and you alone. This is first going to be a policy decision by this Commission, then if we say 'yes' you have to prove that you can comply with the safeguards and then we will talk about approval of a date. You understand that? Mr. Coleman: I understand., Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 69. COMPLIMENTS TO CITY CLERK'S OFFICE -ELECTION NIGHT: Mr. Plummer: I would like Mr Mayor to go on record and I think Mrs. Gordon would, and not you because you were not here, but I would like to go on record complimenting the City Clerk's office for a job well done election night, under most difficult circumstances, and I have to in particular point out Mr. Ongie who was here, just pulling his hair out trying to get the results, because we were all screaming at him, ---they did a fantastic job , and I think recognition should be forth- coming. Mrs. Gordon: I agree, make a motion, so I can seconded it. For the record. Mr. Plummer: i think for the record it should be noted that under a most difficult situation, and have promised the safeguards they will build in, in the future. Mr. Southern, City Clerk: Thank you very much.. 11/8/73 80 70. PROPOSED CONDITIONAL USE -MECHANICALLY OPERATED PARKING STRUCTU'-= Mr. Ongie, Asst. City Clerk: Mr. Mayor, we have one additional item on #7 this morning, and the City Atty. was instructed to prepare the resolution. We haven't ac ted on that yet. Mr. Lloyd.,C ity Atty:This is the resolution we prepared for passage. Mr. Plummer: What is this, on. Item #7. What's your problem. Where is the resolution? Mr. Lloyd: The Clerk has it and he is going to read it. Mayor Ferre: What is this, by the way? Isn't that the property I own? I can't vote on this. Let the record reflect I abstain. Mr. Plummer: I hate to tell you, but this is not what I proposed. Mr. Lloyd, I proposed that there were two stipulations to be added to this, sir. One, the removal and relocation of the vending machines, and also that they would have all signs contained on one sign, and that is not included in here. Mr. Lloyd: I see it isn't, the Secretary didn't get that from the Clerk. We will have to do that over again. and have it ready for the next meeting. Mx. Plummer: What position does this place the man in? Is he still operating and be allowed to operate. Mr. Lloyd: He may be allowed to operate, he is under a conditional use now, so it is alright.. Mr. Plummer: The last resolution, he had only 30 days, that 30 days is expired. Just bringing that up for the record. Mr. Andrews: We will telphone and I'll have Mr. Crouch telephone Mr. Ferencik in the morning and give him directions on this matter. 71. PROPOSED PROCLAMATION TO FORMER MAYOR DAVID T. KENNEDY: Mr. Plummer: Mr. Mayor, you know everything has been done for all of the people, and we all said our thank-yous, and good-byes today to Dave Kennedy. I am sure it is not good-bye. I am sure Dave is going to be here as he said, in the role of a private citizen, but I think something should be done for the Mayor to the extent of a certificate but I am not talking in the relms of the normal certificate, or proclamation we normally give. I think something should be done for the Mayor befitting the man who gave, not 12 years of service, but 12 years of his life to the City, and I would instruct the City Manager together with the City Atty and the Clerk to prepare something that would be fitting for what this man has done for the City, hopefully we could make the presentation on the 21st of November. If he is not going to be in town, we could re -schedule it. but hopefully then. The intent is I don't want the normal proclamation. I want something befitting a man who has given 12 years of his life to the City. I offer that in the form of a motion. Mrs. Gordon: i second it. Mayor Ferre: Any further discussion on the motion? 81 Mayor Ferre: Call the roll. /S Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote AYES: Mr. Plummer Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. 72. CONFLICT OF INTEREST WITH MAULE INDUSTRIES: Mayor Ferre: One last thing that I forgot to say this morning, I want to, when I was appointed Interim Mayor, I announced that no corporation I was involved in directly or indirectly, would involve itself in selling directly to the City of Miami, any services or materials; and I would like to, for the record, reiterate that Maule Industries, and other corporations which I am involved in, will at no time bid, sell, or service, the City of Miami for any products or services. I want that reflected on the record. Mr. Andrews: Mr. Mayor, so there is no misunderstanding you mean that directly, but that would place a burden on the City of Miami, if the contractors doing business cannot use the Industry as sub -contracting agency, ---- Mayor Ferre: Mr. Andrews, let's get this very clear, what I am saying, there will be no direct relationship between the City of Miami and any firm I am involved with. Now, if a contractor which has a bid with the City of L41ami chooses to buy materials and that is a very .different matter. What I am saying is, that we will not sell any materials to the City of Miami, okay. I want to make that very clear. A contractor certainly has the right to choose any sources of materials, but I cannot go to the extent of saying that we would sell them the materials. I want to say for the record, that you won't find any Maule trucks on City of Miami jobs, period. Rev. Gibson: That is not what I understand. If a sub -contractor buys, and he can buy from you cheaper than from somebody else, since we•don't buy the rest from Maule, what objection is that, if that expedites his business. I don't think that is fair to the man. I don't think that is your prerogative. Mr. Andrews: I think that as long as the business is carried out at arm's length, indirectly, where the prime contractor is not dealing with the City. Mayor Ferre: We are not going to sell anyone directly, --- for example, the City puts out for bids the purchase of asphalt every once in a while, Mr. Andrews: Direct purchase, ---- Mayor Ferre:.---or for rock, what I am saying, we will not sell the City any rock or any asphalt. or concrete. Reif. Gibson: ---but you said 'indirectly' and I don't think that is your decision to make. Let me say, I put up a bid, and I get ready to buy material, based on the best price I can find, Mayor Ferre: I don't want to get into an argument with you Father. Let me put it to you this way. i think it is, I want a very, very clear unde rstanding on this, and I am announcing that you are not going to look for any Maule equipment anywhere on any City jobs. Mr. Plummer: Mr. Andrews, I want you to know any Ahern -Plummer Funeral Home is open to all. 82 11/8/73 Mayor Ferro: Before we adjourn, my last fiords are, thanks to everyone in the administration, in the City Attorney's office, the Clerk's office, and my fellow Commissioners, Asst. Prank cobo and everyone here for all of their kind thoughs and words. I am very happy to be back at the City of Miami. Thank you. ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at 6:05 P.M. ATTEST: H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE A FERRE MAYOR 1 ■ 1 ■ i CITE' OF MI) 11 DOCUMENT INDEX MEETING DATE: NOVEMBER 8, 1973 ITEM NO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (17pgs) CONDITIONAL uSE - PARKING STRUCTURE - LOT 20, BLK. 83N. N.E. 3rd Si.'AND BISCAYNE BLVD. RESCINDING RESOLUTION NO. 43092 - PARKING STRUC- TURE. CONDITIONAL USE - KARKEET SUBDIVISION/MIAMI BEACH AIR TRANSPORT, INC. - N.W. llth ST. WEST OF LEJEUNE RD. CONDITIONAL USE - PARKING STRUCTURE ON LOT 2U, BLx. 83N. - N.E. 3rd ST. AND BISCAYNE BLVD. GRANTING OFF-STREET PARKING SPACES - N.W. 7th AVE. 8th STREET. CONDITIONAL USE - EDUCATIONAL AND SOCIAL CENTER - N.W. nth AVE. AND 8th STREET. COMMISSION ACTION RETRIEVAL CODE NO. 0072 0U73 0074 R-73-882 73-882 0075 73-884 73-885 R-73-884 R-73-885 VARIANCE - LOT 10, BLK. 42 - 191 S.W. 18th ROAD. R-73-886 VARIANCE - SINGL± FAMILY RESIDENCE - LOT 5, BLK. R-73-887 CONDITIONAL USE - ADDITION TO PAN AMERICAN HOSP. R-73-888 2, 1767 WAKEENA DRIVE. 5959 N.W. 7th ST. VARIANCE - CONSTRUCTION OF ADDITION TO PAN AMERICAN HOSPITAL 5959N.W. 7th ST. R-73-889 TEMPORARY USE - 900 S.W. 26th ROAD - AMUSEMENT ACTIVITIES - STS. PETER AND PAUL CHURCH. R-73-890 TEMPORARY USE - 58u1 N.W. 6th COURT - AMUSEMENT EVENTS - SPORTS DEVELOPMENT CLUB, INC. R-13-891 AGREEMENT WITH BOOZ, ALLEN PUBLIC ADMINISTRATIOD SERVICES, INC. - INTEGRATED MANAGEMENT SYSTEM IMPROVEMENT PROGRAM FOR THE CITY OF MIAMI. R-73-892 APPROVING EXTENSION OF EMPLOYMENT - WILTON P. SPENCER. R- 73-89 3 ACCEPT COMPLETED WORK - M.R. HARRISON CONSTRUC- TION CORPORATION - ORANGE BOWL PAINTING AND MAINTENANCE. LEASE -PURCHASE AGREEMENT - IBM MAGNETIC TAPE/ SELECTRIC TYPEWRITER. RENTAL FEE - BAYFRONT PARK AUDITORIUM - MEETING FOR CONSUMER PROTECTION. R-73-894 R-73-895 R-73-896 73-886 73-887 /3-888 73-889 /3-890 73-891 73-892 73-893 73-894 73-895 73-896 ITEM N0. 19. 2U. 21. 22. 23. 24. 25. 26. 27. 2ts. 29. 30. 31. 32. 33. • 34. ■ i 35. 4 • 36. 72 37. • 38. 39. UMENT•INDE� CONTINUED DOCUMENT IDENTIFICATION -ACCEPT PLAT — MARBELLA SUBDIVISION. ACc:EPT PLAT — WEBSTER SUBDIVISION. • ACCEPT PLAT — NAGYMIHALY PARK. ACCEPT PLAT — THE TREES. PARKS AND RECREATION BOND PROGRAM — TRANSPORTA— TION COST — AFTER SCHOOL CARE PROGRAM. PURCHASE — ELIZABETH VIRRICK PARK EXPANSION PROJECT. PURCHASE — CURTIS PARK EXPANSION PROJECT. (PARCEL NO. A-10U3.1) PURCHASE — CUR'TIS PARK EXPANSION PROJECT. (PARCEL NO. A—.003.2) CHANGING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES FOR BARS. ACCEPT COMPLETED WORK PENETRYN SYSTEM, INC. — CONSTRUCTION OF N.E. 10 AVE. SANITARY SEWER MODIFICATION. CLEANING SERVICES FOR THE AFTER GAME CLEAN—UP — ORANGE BOWL STADIUM. ACCEPT HIGHWAY RIGHT OF WAY DEED — SEABOARD COAST LINE RAILROAD LOMPANY — N.W.21 TERRACE. FIXING DATE AND 'TIME FOR PUBLIC HEARING — CLOSING OF NATOMA AND ALATKA ST, AT U.S. 1 ACCEPT BID — SAM'C•LARK & ASSOCIATES, INC. — ORANGE BOWL — SPIRAL RAMP REPLACEMENT. ACCEPT BID — PRE —CAST SPECIALTIES,OINC. — FURNISHING CONCRETE POLES — MIAMI BASEBALL STADIUM. ACCEPT BID — MARKS BROTHERS COMPANY — WES'1'.pRN QRAINAGE PROJECT.' ACCEPT COMPLETED WORK — BISCAYNE CONSTRUCTION, INC. CONSTRUCTION OF MOTOR POOL NO. 1 ACCEPT COMPLETED WORK — ROSSER ELECTRIC CO., INC. — MIAMARINA RESTAURANT LIGHTING IMPROVE— MENT. ACCEPT PLAT — CULMER ACCEPT BID — OGLESBY MALAY COCONUT PALMS PARK SUBDIVISION NURSERY, INC. — AND SPROUTS FOR NO. 1. DWARF PARK DEPT. WAIVING RENTAL FEE — MIAMI BASEBALL STADIUM — LOS CUBANOS LIBRES. COf$1A5I0N ACTION R-73-897 R-73-898 R-73-899 R-73-90U R-73-901 R—/3-9u2 R-73-903 R-73-904 R-73-905 R-73-906 R—/3-9U7 R-73-908 R-73-909 R-73-910 R-73-911 R-73-912 R-73-913 R-73-914 R-73-915 R-73-916 PAGE 2 RETRIEv L CD, NO 73-897 /3-898 73-899 73-900 73-901 73-902 73-903 73-904 0076 73-905 73-906 73-907 73-908 /3-9U9 73-910 73-911 73-912 73-913 73-914 73-915 73-916 1 ITEM N 0 .1 I•E. 40 41 42 • 43 4 DOCUMENT IDENTIFICATION CONFIRM ELECTION DONALD L PRINTZ— RETIREMENT BOARD MIAMI CITY RAPE VICTIMS TREATMENT CENTER AT JACKSON MEMORIAL HOSPITAL —POLICE DEPARTMENT ORDER OF THE FEDERAL COUT—STYLED FRANKLIN COHEN, ET AL. VS CITY OF MIAMI, ET AL. BLACK OFFICER POLICY DADE COUNTY LEAGUE OF CITIES,INC.— PERMIT DEDUCTION ON INCOME TAX RETURNS AL U MENTIN DE CONTINUEDPAGEI CO WI ON R-73-917 R-73-918 R-73-919 CODE 14O_. _ 73-917 73-918 73-919 0077