Loading...
HomeMy WebLinkAboutCC 1973-11-21 MinutesMIAMI CITY COMMISSION MINUTES NOV 2 1 1973 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK • • 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 . 13. 14. 15 . MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT PROCLAMATIONS, PLAQUES► CERTIFICATES APPOINT SUCCESSOR TRUSTEE City EmaIOyees Retirement System APPEAL OF DISCIPLINARY ACTION SWEAR IN CEREMONY- CITY ATTORNEY FREQUENCY AND AMOUNT OF GARBAGE AND TRASH COLLECTION SERVICE CHANGE ZONING CLASSIFICATION-UGALDE & RUIZ SUB -TENT PLAT 863 and FALCON & RUIZ SUB TEN PLAT 861 CONDITIONAL USE - LOTS 26 AND 29 BLOCK 3 - TRAJUNE PARK 14-12 VARIANCE - LOT 11, BLOCK 14 FAIRLAWN - 6625 S. W. 4 STREET APPOINTMENT OF DR. BEN SHEPPARD AS SOCIAL SERVICE CONSULTANT PARKING LOT LIGHTING DISCUSSION VARIANCE- REPLATTING OF LOT 1 Silverstein Subdivision VARIANCE - Lots 18, 19 and 20 BLOCK 12S - MIAMI B-41 REQUEST FOR CHANGE ZONING CLASSIFICATION Lots 11 2, 3, BLOCK 42 NEW BISCAYNE AMD. ELEEMOSYNARY USE- VILLAGE SOUTH INC. LOTS 1 thru 81 BLOCK 17 DIXIE HIGHWAY TRACT PERSONAL APPEARANCE - MAYOR JACK ORR Presentation of Plans for establishment of cultural center on Watson Island (Authorize Manager to negotiate with E. D. Stone & Associates & Metro on continuation of Watson Island Study) 16. INTERIM ZONING DISTRICT Dr. Martin Luther King Boulevard 17. EMERGENCY TELEPHONE NUMBER 911 18. REVIEW OF MIAMI POLICE DEPARTMENT OPERATIONS APPearence by Chief Bernard Garmire ORDINANCE OR RESOLUTION NO. ORDINANCE NO. 8207 ORDINANCE NO. 8208 ' ORDINANCE NO. 8209 DISCUSSION an d DEFERRAL 73-926 73-927 MOTION DISCUSSION 73-928 73-929 DEFERRED 73-930 73-931 FIRST READING DISCUSSION and 73-932 DISCUSSION an d EMER.ORD NO. 8210 73-933 73-934 and Exhibits PAGE NO. 1 2 { 4 4 5 5--9 9--12 12--14 14-15 15-16 16-33 34 35 36 37-52 52-60 61-62 62-68 69--130 Plus? exhibit • Id1�X MINUTES OF.REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO 1 SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO, 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41, 42. 43. APPOINTMENT .TO RETIREMENT BOARD R. Belvin Cooaer APPOINTMENT TO RETIREMENT BOARD Garbriela Landau APPOINTMENT TO URBAN DEV. REVIEW BOARD Discussion ONLY RENEW INSURANCE POLICIES Primary on Police and Umbrella etc. PROPOSED NATIONAL FOOTBALL LEAGUE AGREEMENT ACCEPT COMPLETED WORK - MARINE STADIUM PARKING LOT LIGHTING ACCEPT PLAT - FLAGLER MEMORIAL PARK Resurrection II Sub ACCEPT PLAT - FLAGLER MEMORIAL PARK Meditation Section Sub CLAIM SETTLEMENT Bill Garrett CLAIM SETTLEMENT Sheldon Turetsky CLAIM SETTLEMENT Ms. Anna Gerard CLAIM SETTLEMENT Mrs. Waltretta Sallee CLAIM SETTLEMENT Nazaro Mirabal CLAIM SETTLEMENT - Gisela Terner CLAIM SETTLEMENT - Pershing Auto Leasing CLAIM SETTLEMENT - Emilio Rivas ACCEPT HIGHWAY RIGHT OF WAY DEED BID AWARD -DISCUSSION OF BASEBALL STADIUM LIGHTING BID AWARD- ADDITIONAL SANITATION AND PARKS RECREATION EQUIPMENT PROCLAMATION TO COL. MARINA NATIONAL CIVIL AIR PATROL EXECUTIVE PAY PLAN APPOINTMENT OF VICE MAYOR DISCUSSION OF MASONS RULES OF ORDER TEMPORARY CONDITIONAL USE -LOTS 11,12.13 BLOCK 1, HARDING HEIGHTS APPOINT CITY COMMISSION REPRESENTATIVE INVESTMENT COMMITTEE-RET.SYSTEM AND PLAN Comm.Rose Gordon and J. L. Plummer 73-935 73-936 DISCUSSION only 73-937 73-938 73-939 73-940 73-941 73-942 73-943 73-944 73-945 73-946 73-947 73-948 73-949 73-950 DEFERRED 73-951 DEFERRED 73-952 73-953 MOTIONS 131 131 132 132- 133-134 134 135 135 136 136 137 137 138 138 139 139 140 140 140--142 142 142 142--143 143 143--144 145 REPORT BY CITY MANAGER ON UTILIZATION OF ORANGE BOWL FOR NON ATHLETIC EVENTS MOTION 145--150 41, INDEX MINUTES OF'REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA • ITEM NO 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. ALLOCATE *191,253.50 FOR ACQUISITION OF Wainwright Park STATUS OF UNDERWOOD MARINE CONDEMNATION AUTHORIZE ISSUANCE OF PERMIT St.Michaels Church for amusement rides ENTER INTO CONTRACT WITH PARAMOUNT CONCESSIONS- Orange Bowl Parade etc. TRANSPORTATION PLAN FOR DOWNTOWN MIAMI Resort by Citr Manager PROCEDURES AT CITY COMMISSION MEETINGS Proposals br Mayor Ferre DECLARE MONDAY DECEMBER 24, 1973 as holiday SERVING ALCOHOLIC BEVERAGES ON DECEMBER 24 AND DECEMBER 31 - 2 hr extension CHANGE DATE OF COMMISSION MEETING - Second meeting of December, 1973 APPOINT COMMISSIONER R. GORDON AS CITY REPRESENTATIVE - PLANNING AND ZONING ASSOCIATION CONVENTION ADJOURNED 8*50 P.M. 73-954 DISCUSSION 73-955 73-956 DISCUSSION DISCUSSION MOTION MOTION MOTION MOTION 150 151 152 152 153 153--155 155 156 156 156 • MINUTES OF REGULAR MEETING CITY COMISSION OF MIAMI, FLORIDA 0n the list day of November, 1973, the City Commission od the City o$ Miami, rtonida, met at .i.ts regular meeting ptaee in said City in negutan session. The meeting was eatted to ()Aden at 9:10 O'Ctoek A.M. by Mayor Mauatee A. Fence with the dottowing member o f the City Com►s24 .Lon 'found to be present: Mt. Ptummen Mn. Reboso MAs. Gordon Revenend Gibson Mayon Fen An invocation was deUvened by Revekend Gibson who then led those present in a pledge attegJance to the litag. The following motion was introduced by Reverend Gibson who moved its adoption: A MOTION TO WAIVE READING OF MINUTES OF THE PREVIOUS MEETING 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 Ferre. NOES: None 1, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION (a) Mayon. Ferre recognized Fine Ch.ie6 L. L. Kenney and pnesented him with a PROCLAMATION in necognJtLon of the conctus.ion olc his term as President o6 the In.tenna.ti...onat Association of Fite Chieb's. Several members o l5 .the Miami. FL'xe Department appeared and demonstrated new electronic equipment to ,the Commission which .Included the taansmission o6 an eteettoeand.iognam to Jackson Memo' at Hosp4tat on each City Commi44ionen. (b) Mayon Fenne necogn.ized the presence od Dn. Manoto Reye4 and a PROCLAMATION was pnesented .in tecognition of "Cuban -American Day" (e) Sevenat CERTIFICATES OF APPRECIATION were pnesented to members 06 the Miami Board o6 Realtors by Mrs. Gordon and the members of the City Commission ion the eddonts o6 the Board oIS Realtors in &und raising ion the School o6 Business at Ftoti,da inten- nat.Lonat Uni vensity (d) Mayon Fenne requested the City Managers to schedule the 6am.ity of Manuel Padnon and the Fine Ch.Led to be present at the Comm.L444.on Meeting on VeeembeJ 13th SOA appnopai to eenemon.ies honontng Ma. Padron. (d) Mayon Fenne and the Commission necogn.Lzed Mn. Caesar LaMonaca and pnesented a PROCLAMATION DECLARING Fkiday, Novembers 30th as "Cauca LaMonaea Day .in the City o d Miami " (e) A PROCLAMATION was ptesentted to Jeanne Ann Moorman and Dn. Arthur Gosset n, co-cha.inpeopte and Sunday, Vecemben 1,1973 was deetaned as "Second Annual 3nd Century 84eentenn.Lat Bicycle Vay" in the City o d Miami 1 NOV 211973 Mayon Fenhe neponted on the Panks Heating in the Attapattah alma and that the 01 concenn o 6 teh citizens .in that alma wets Bicycle Paths and ezpness ed the opinion that moot o 6 the peopte in the City 06 MIAMI, dt4•ihe the con4tnuct.ion o 6 move, bieycte paths. (6) Mayon Fenne heeognLzed the pnesenee 06 membeh4 o6 Bhown.ie Thoop 0382 and Mn.s. Cahot Ptummeh 2, AFPOiNT SUCCESSOR TRUSTEE FOR CITY EMPLOYEES RETIREMENT SYSTEM Mr. Plummer inquired if item 07 was in order and in concurrence with everyone and was told by the City Attorney it was in order. 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 CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED), AS APPEARING IN CODIFIED FORM AS A PART OF CHAPTER NO. 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY BY REPEALING SUBSECTIONS 2-96 (3) AND 2-111 (3) AND SUBSTITUTING THEREFOR NEW SUBSEC- TIONS 2-95 (3) , (4) , (5) , (6) AND (7) , APPOINTING A SUCCESSOR TRUSTEE FOR THE CITY EMPLOYEES RETIREMENT SYSTEM TRUST, DESCRIBING THE TRUST PROPERTY, PRES- CRIBING THE RECORDS TO BE MAINTAINED, THE DUTIES, RESPONSIBILITIES AND INVESTMENT AUTHORITY OF THE SUCCESSOR TRUSTEE SO APPOINTED, AND SUBSTITUTING NEW SUBSECTIONS 2-111 (3) , (4) . (5) , (6) AND (7) , APPOINTING A SUCCESSOR TRUSTEE FOR THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN TRUST, DESCRIBING THE TRUST'S PROPERTY, PRESCRIBING THE RECORDS TO BE MAINTAINED, THE DUTIES, RESPONSIBILITIES, AND INVESTMENT AUTHORITY OF THE SUCCBSSOR TRUSTEE SO APPOINTED, CONTAINING A SEVERABILITY CLAUSE; DISPEN- SING WITH THE REQUIREMENTS OF READING THIS ORDINANCE ON TWO DIFFERENT DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION passed on its first reading by title at the meeting of October 25, 1973, as amended, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8207. In connection with adoption of the foregoing ordinance, the follow- ing conversation occurred. Mrs. Gordon: I would like a clarification of a question that I asked the Attorney before we took this matter up and he assured me that this does not prohibit any changes of personnel as their terms expire so this was the only thing I wanted clarified and he did clarify that. Is that right Mr. Lloyd and Mr. Rothstein? Mr. Rothstein: Paragraph 2 of the ordinance provides that someone can be on the Board of Trustees only while they are a member of the Retirement Board. In other words, if they leave or retire from the Board or their term comes up, they cannot remain as a trustee. 2 NOV 211973 • • Mrs. Gordon: On the Retirement Board unless they are re -appointed. Mr. Rothstein: Yes, if they are re -appointed, they can obviously continue. Mrs. Gordon: Just wanted that clarification. Reverend Gibson: Mr. Mayor, I shall always remember when we re- established this and worked it out, the people who made and I want all my fellow Commissioners and the Manager to hear this because this has been a concern of mine. All of the people who made a presentation here said that we the Commission will have the privelege and the right to name the broker in this business. I know what the Mayor and some of the rest of you feel. I don't feel like you do. Now, if those people who bid on this business, they bid on this business with their eyes wide open, we paid an outfit about $20,000 or thereabouts to advise us and to draw the contracts and in the bid document, it says, that the brokerage, we can name. Now let me tell you the basis of my concern and contention. I am a person who is unalterably opposed wherever possible, to outsiders coming in here and picking off all of the business and going and I am prepared to offer the resolution right now and nominate two brokerage firms to handle this business. I think when they made the bid, they knew what was in there and you remember Mr. Kruse we paid to advise us and put up the bid document, he told us uniquiv- ocably that it was within our province and it wouldn't harm the business isn't that right? Didn't he tell us that? Mayor Ferre: Wait a moment, the chair is going to get involved in this now. Is this Item #8, is that correct? what item is this? Reverend Gibson: This is #7, now remember, I may be wrong but Mr. Mayor all I want them to do is to tell me when I am to do this and I am prepared to do it. I am going to keep them honest in their bid. Now, I am prepared and unless somebody tells me differently and I can't get a vote, I am prepared to name the broker. Mayor Ferre: Father Gibson, the chair will recognize you for that purpose in the late morning session. In other words before we break. Rev. Gibson: Beautiful. Mr. Plummer: Mr. Mayor, now if you plan on recognizing Commissioner Gibson, I want you to know and Father Gibson to know that I strictly will oppose this thing unless Mr. Kruse is here. Rev. Gibson: Well lets get him here, I'll wait until he comes. Mayor Perre: Call up Mr. Kruse Mr. Andrews and if he can be here today, that's fine and if he can't, then we will see him on December 13th. Rev. Gibson: Before we drop it because I am going to defer until Mr. Kruse gets here. Mr. Kruse stood right up to that mike and I asked him one question. Mr. Kruse said yes, you could do it. Now one thing I believe. I don't have staff people telling me that which is not right and true because I have no other or nothing else to rely upon but what they tell me so go get Mr. Kruse. Mr. Reboso: At this moment, I would like to invoke the 5-day rule and place this item on the next agenda. Mayor Ferre: That is your right to do that. Rev. Gibson: Beautiful, let me add this now. We all knew this thing was coming up but I will defer to my brother but that won't change anything. Mayor Perre: Well actually the 5 days defers it to December 13th Rev. Gibson: I don't object to that. Mayor Ferre: Would you schedule Mr. Kruse on that agenda then and we will discuss this matter at that time. Mr. Plummer: So we get the full scope of this because I was the one that fought for Father's right to have to say this even though I am going to oppose him on it. What I do think should be done Mr. Andrews is that you should bring this matter as you have heard it this morning before the Investment Committee for their discussion and their recomm- emdation because this was a great topic all during the 51 hours that was sat through to choose the one so Mr. Paulk is here and you Mr. Andrews I hope you will bring this matter that Father Gibson is going to bring up on the 13th so that you can have a recommendation and cut it off there. Rev. Gibson: Before you get your recommendations together Mr. City Manager, let me make sure everybody understands. When I asked the question, they said that it didn't hurt the business or didn't do good nor bad. It didn't make any difference. Now if they aren't going to tell me the truth, then the reason I want to do it is because I expect everybody who comes and makes a presen- tation to this Commission to be telling us the truth. Now they had a hidden agenda. I want them to know, I didn't have any and to tell me now that that will decrease the proficiency of performance, I hope you know what I am going to say if they tell me that. Lets move on to the 13th. Mr. Paulk: I would like to address you briefly because my term is expiring and prior to your next meeting, I will no longer be a part of the Investment Committee nor the Retirement Board and I feel that while I still am, I must at least give you my views insofar as the deliberations that I was a part of in helping to draft the measures that are before you. Mayor Ferre: Bob, let me interrupt you because I have a feeling this is going to take more than 5 minutes. Mr. Plummer: Mr. Mayor and to Mr. Paulk. Mr. Paulk even though Sir you are not a member at the 13th of December meeting, I would expect you to be here to express your views as you saw them when this thing was going on. I hope that you would be here and the City Manager would make sure you are here on the 13th because if Father thinks one way is important, I think just the other way is just as important and I will fight in the same way. Mr. Paulk: I will accept that invitation, thank you very much. 3, APPEAL OF DISCIPLINARY ACTION An Ordinance entitled - AN ORDINANCE ESTABLISHING THE REQUIREMENT THAT IN PROCESSING AN EMPLOYEES APPEAL OF A DISCIPLINARY ACTION, IN THE EVENT THE CITY MANAGER SHALL NOT HAVE TAKEN ACTION TO SUSTAIN, 'REVERSE OR MODIFY THE ACTION OF THE DEPARTMENT DIRECTOR NOT LATER THAN 60 DAYS AFTER THE RECEIPT BY THE CITY MANAGER OF THE REPORT OF THE FINDINGS OF THE CIVIL SERVICE BOARD, THE CITY MANAGER WILL RENDER A WRITTEN REPORT TO THE CITY COMMISSION SETTING FORTH THE REASONS FOR THE DELAY; REPEALING ALL ORDINANCES, SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT, CONTAINING A SEVERABILITY PROVISION passed on its first reading by title at the meeting of October 19, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Reverend Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8208. 4 NOV 2 11973 AGENDA ITEM 9 (Garbage & Troth Collection) was deferred to s later time in this meeting, AGENDA ITEM 10 - Environmental Controls - George Acton, Director of the Planning Department requested an amendment to the Ordinance under "Waterfront Lands, under "A" and said he would like to change the last sentence to read: "Site Plan Approval" by the Planning Department". Mayor Ferre: What does it read now? Mr. Acton: It reads: Development of all waterfront properties require site plan approval in accordance with the procedures set out in this ordinance and there are no procedures at this time. I would just like to change that to read: Site Plan Approval by the Planning Department. Mr. Plummer: Mr. Mayor, I will defer it so it can be put in proper order and be brought back on the 13th. Mayor Ferre: ,The matter is deferred until the 13th. 4, SWEAR -IN CEREMONY FOR NEW CITY ATTORNEY - JOHN S. LLOYD Mayor Ferre: I think at this time it would be appropriate for the swearing in ceremony for our new City Attorney. The Oath of Mice ab CITY ATTORNEY o6 the City (Ili Miami wag theneupon adminL ten.ed to JOHN S. LLOYD by Ralph G. Ong.ie, Asd.iatant City CL ft. Mayor Ferre: Our deepest gratitude to Mr. Alan Rothstein who has served this City for 6 years and Mr. Andrews if you would schedule an appropriate ceremony so that we can present our retiring City Attorney with the proper recognition on the 13th of December. 5, FREQUENCY AND AMOUNT OF GARBAGE AND TRASH COLLECTION SERVICE Mr. Andrews, City Manager: The City engaged consulting engineers of Greenleaf and Wegmani to conduct a study to modernize our garbage and trash collection services. They had many recommendations in their report which the Commission adopted and one of those was to provide for curbside collection. The Commission authorized the City Manager to proceed to have informational meetings within the community and there were approximately 9 or 10 of those meetings and at the conclusion of those meetings, the Commission concluded that curbside collection should not be persued. The Commission further authorized the Manager to proceed with the balance of the recommendation. What is to be presented to you this morning as an Ordinance adjustment covers 2 additional areas to adjust the Garbage and Trash C011ection services. (1) To increase the excess can fees from its present 35$ per can to 70$ per can and (2) To phase out insofar as the City of Miami services are concerned, the giving of daily collection service to 567 commercial establishments in the City of Miami. Mr. Jones is going to present to you information as to how the system now operates and he will make a very brief presentation. Mr. Plummer: A point of clarification. I noted in the agenda pack as well as the comments you just made. I don't ever recall this Commission going on record of telling you to completely implement the remaining portion of the task force study. As I recall it, the Mayor was the one who led the fight to let the pickup remain at the backyard level. This Commission at budget time, gave you the authority to proceed with implementation of this downtown problem. At no time, nor am I aware of the remaining portion of the task force study, did this Commission go on record of telling you to implement the entire remaining portion. Now if I stand corrected, fine. I would like to know what is the remaining portion beside the 2 items that I think this Commission has acted on. NOV 2 11973 Mayor Ferre: I remember vividly because Mr. Reese caste up to me and he said look, if you are going to kill the garbage front yard pickup, for God sakes leave the rest of it alone because its good and there is no controversy on it and I think its going to save the City a lot of money. Mr. Plummer: Mr. Mayor, I think I have no objection sir but I think I am entitled to know what the remaining portion is. Mayor Ferre: This is what I wanted to say and in the resolution that was drafted at that time, it was carefully worded at the insistence of Mel Reese and specifically stated that it was only that item that was being reversed and that the other items would continue or would be implemented. I think you better get a copy of that. Mr. Andrews: Mr. Mayor, we supplied the Commission with the complete recommendations of all the engineers and the City Manager supplied the Commission with the task force recommendations for the other adjustments and then the resolution the Commission adopted is in a memorandum that was supplied to you but I will read it carefully because the words are meaningful. A resolution directing the City Manager to continue the present procedure of residential garbage collection and require the City Manager to report to the City Commission concerning the feasability of carrying out the remaining recommendations of the consulting firm for solid waste disposal. Now the only 2 areas of all of these recommendations that we are bringing to you are matters that were discussed in the budget message discussed at budget time and once again in the final go -around in the budget looking for funds to balance out the budget and it had to do with the commercial routes phasing those out. Mr. Plummer: Paul, I have no objections but what else was contained in those recommendations of the task force? I don't know. You are talking about carrying out the remaining portion. What else is involved besides the backyard pickup, this downtown commercial district. What else do you plan on implementing? Mr. Andrews: I don't plan to implement anything else before it is brought to the City Commission but we can tell you what those matters are. Mr. Plummer: No, if you are going to bring them before the Commission and we are going to vote on them at that time, fine but the way I read this, this is giving the administration Carte Blanche. Mr. Andrews: No. Mr. Plummer: Well I am sorry, that's the way I read it. Mr. Andrews:, In requiring the City Manager to report to the City Commission concerning the feasability. Report to the Commission. Mr. Plummer: In other words, we will know about each individual item that we will vote on in this Commission? Mr. Andrews: Yes. I will not implement anything in the garbage and trash that is a change of any area of what we are now doing without coming back to the Commission first. Mr. Jones will you explain how we now operate and what is being proposed. Mr. Jones, Dir. Sanitation Dept: At the present time, the department of Sanitation has 6 routes that make all the commercial garbage coll- ections from 567 accounts in the City of Miami. 5 of these routes and you will see on the map, *57, 58, 59, 60 and 61 make collections 5 days a week and they will average about 90 accounts. Route #5S makes coll- ections from the downtown business district and they collect 6 nights a week. These routes pickup only about 201 of the total commercial garbage generated in the City of Miami. The remaining 80% or so is already picked up by private waste collectors. At the present time, our regulations provide for 4 regulation containers to be collected twice a week from commercial establishments. Any excess containers are collected at a fee of 35$ per container per pickup. We are proposing that section 20-8 of the City Code entitled "Frequency and quantity of garbage collection service" provided by the City of Miami, be amended so that these 5 and 6 collections per week from commercial establishments be eliminated and that we provide Only twice a week collections from commercial establishments. Commercial establishments that need more service than this twice a week must engage a private collector to make their garbage collections. We further want to change the Code so that any excess containers picked up on this twice a week basis, more than the 4 regulation con- tainers of our regular service, would be charged a fee of 70$ per container per pickup. This is an increase of 35$ over what we are now charging but we feel this is necessary to actually cover the cost of making these collections. As Mr. Andrews, this was one of the recommendations from the consultants that made the City of Miami Solid Waste study and it has been supported by the sanitation task force. Mr. Plummer: One of the things that bothers me very very much is when I walk in town in the evening which I do almost everyday or every evening is the fact that these merchants downtown for some reason see fit and I am speaking in particularly to Monday and Friday evenings to gut their garbage out at 5 or 5:30 for those who close and we have the downtown area open, most of the stores until 8:30 in the evening. In particular one franchised food chain east of 2nd Avenue if I can pinpoint it for you without naming the individual have tremendous amounts of garbage that all evening long, people have to walk over, walk around, walk through and I am just wondering that if the City is still going to continue to pickup down there. I understand that the commercial haulers pick garbage up before 7 A.M. or 8 A.M. Mr. Jones: There are a numer of them that do and they are also some that pick up at night. Mr. Plummer: I think it is ridiculous to have all of these bags out on the street on Monday and Friday Night. We have tried to encourage people to come to the downtown area and forcing them to walk around these huge trash piles that are on the sidewalk. Nowwhat can we do to eliminate that? Mr. Jones: Well if this is turned over to the private haulers, they can give more customized service than the City can. Mr. Plummer: You are not proposing 100% to turn it over. You are still going to retain twice a week so we will have it twice a week even though you are going to charge double. Mr. Andrews: May I answer that Mr. Jones. It's my plan and its something I have been discussing with Mr. Jones and others that we would attempt to regulate and have public hearings and first get with the industry to change the procedure so that the collection's would be made in the early morning hours in the hopes that we can eliminate this unsightly condition which has existed for so long in downtown Miami. You can't really make any kind of improvements that we need in downtown Miami if we are going to clutter the sidewalks with all these containers, bags and cardboard boxes. I am convinced that we will find a way to operate so that we can make the collections in the morning also if we have to give twice a week service to those commercial people in down- town Miami who can live with a twice a week service and the balance of those who still have to depend on daily service and the private haulers are making the collection, we will find a way to regulate those so that it is in the early morning hours and not in the evening. Mr. Plummer: Let me give you an example and I am not criticizing you Mr. Jones or the administration. I was embarassed to tears one eveling down there. Here this City Commission and everyone went to great extremes to get Gusman•Hall in operation. I see people pulling up there in cadillacs with long gowns and honest to God, I am telling you, they had to go over garbage bags to get into the Gusman Hall. I said to myself, something is just completely wrong here. This is the point I am trying to drive home Sir. It was my hope that the City could get out of the downtown area as far as the pickup is concerned. You and the administration obviously feel that it is still necessary even though 7 NOV 211973 it is at a tremendous more cost, I think I can read between those lines but I am just hoping that you take my comments and do something about it because this idea of the garbage on the street and the people we are trying to encourage, I think'its wrong and I will leave it at that. Mr. Andrews: Mr. Mayor, are there because some of the private hauler Commission may wish to ask, if you any other questions of the Commission representatives are here and the choose. Mayor Terre: We are already h hour late on the agenda and- Mr. Plummer: Mr. Mayor, I think 2 things could be stipulated for the record. #1. There are no objectors here. Mayor Ferre: Are there any objectors in the room? All right, what else? Mr. Plummer: I think also for the record that it should be Mr. Andrews fully stated by you that this has been advertised in a method that was adequate. Mr. Andrews: Yes and Mr. Mayor and members of the Commission, I think its important that you at least hear a one sentence expression from some of the private haulers because we are shifting an area of respon- sibility here for collection. We are going to stop collecting this and the private haulers are going to, Mr. Goodman is here I know is one. Mr. Goodman: I am Mr. Louis Goodman, United Sanitation Services of 2125 N. W. loth Court in Miami. Mr. Mayor and Commissioners, I believe that you are going to find, after you have implemented this ordinance that some of the things that Commissioner Plummer mentioned this morning will clear up. I think most of the private haulers work in the early morning hours and you are going to find that the situation in a general way will change downtown. I think you are going to also find that the individual situations that still will occur that will create the unsightliness can be tackled more readily by your sanitation department because there will not be a general condition down there which there is now. I think that you will find that these private haulers in Miami are going to do a good job. I think that the commercial accounts in the City will find themselves getting better service and probably at less money under the changes being made here, especially with these new rates that you are putting in. Mr. Plummer: I hope I don't have to remind anybody. Mr. Andrews: Well, It's not an easy problem to solve as you fully recognize but we are going to have to take a step at a time and then do one thing and then another until we get downtown Miami and other areas of the City cleaned up. Mr. Plummer: Mr. Mayor, I will move Item #9. Rev. Gibson: Second: An Ordinance entitled - AN ORDINANCE AMENDING SEC. 20-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FREQUENCY AND AMOUNT" OF GARBAGE AND TRASH COLLECTION SERVICE PROVIDED BY THE CITY" FOR THE PURPOSE OF REVISING AND CLARIFYING SAME; PROVIDING A PENALTY; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON- TAINING A SEVERABILITY PROVISION passed on its first reading at the meeting of October 19, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Reverend Gibson, the ordinance was thereupon given its second NOV 211973 and final reading by title and passed and adopted by the following vote- AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8209. Mr. Plummer: So we don't detain Mr. Jones, Mr. Mayor I don't know about my fellow Commissioners. I can only speak for one. I have spoken with Mr. Jones privately on this matter but I think Tor the record, his department is experiencing some problems. I have got a tremendous amount of complaints from basically the Coconut Grove area about pickup. Mr. Jones, has to my satisfaction, explained the problems that he is incurring but I think it might be wise for just one minute to heart his problems so if you get the calls, we don't have to bug him too much. Mayor Ferre: Commissioner Plummer, if I could recommend, we are a half hour late and I know this is an important matter but let me tell you what I plan to do. As you know this afternoon, we will have the police chief in our midst to discuss the department. I think that it would be of great benefit to all of on the Commission and to the community at large if once a month Mr. Paul Andrews would schedule a department head and I certainly cannot think of, after the police, it seems to me the second most important question that the citizens seem to have, is trash and garbage pickup and I think it would be appropriate for the December meeting for that to be on the agenda in the afternoon for a full session similar to what we are going to have even though I hope it doesn't get the publicity and the notariety that this one this afternoon has got. Mr. Plummer: I wholeheartedly concur Sir but this is a problem that is pressing this department at the time and I think it's important enough that Mr. Jones can take 2 minutes to explain the problem that he is having so if you get calls like I have, you can explain them. Mayor Ferre: Could you do this in a memorandum form Mr. Jones as easily as making a presentation here? Would you do this then Sir and send copies to all the members of the Commission. Mr. Jones: All right. 5 MINUTE RECESS 6, CHANGE ZONING CLASSIFICATION- "UGALDE AND RUIZ SUB" TENT.PLAT #863 AMD "FALCON AND RUIZ SUB", TENT, PLAT #861 - 4750 N. W. 7 STREET Mr. David Mesnekoff, Attorney representing the applicant appeared. Mr. Mesnekoff: I am David Mesnekoff, Attorney, Dade Federal Building, representing the applicant. Mr. Plummer: Sir, as I recall, you were not here at the last meeting which is why this was deferred. Mr. Mesnekoff: Sir, I did not have notification of the meeting. Mr. Plummer: Is there a reason Mr. Simpson? Mr. Simpson: The notice went out to the owner of the property. Did you receive of the planning board meeting? Mayor Ferre: Do you send notices out on registered mail. Mr. Plummer: No, we couldn't afford that. We looked into it one time. Sometimes Mr. Mayor, it could be $300 to sent it out by registered mail and we heard that when Dr. Bartley was here to re -do the zoning. Mr. Simpson: Much more than that. Nov 211973 t think it costs S3$ per unit. Mr. Plummer: I think Mr. Mayor, you do bring out a good point though. I think MR. Simpson in the future, you might want to make sure that the applicant himself is sent by certified mail. Mr. Simpson: The applicant got notices. Mr: Plummer: We have a discrepancy "here. Mayor Ferre: It seems to me it could cost that much y to have the applicant receive a certified copy, not everyone. and then there wouldn't be any question. Mr. Plummer: Do you need a motion to that affect? Mr. Simpson: No. I4r. Plummer: Just in the future, that all applicants receive by certified Mail -return receipt requested. Sir, this is no reflection on you. The reason I asked this now has accomplished something., that in the future that all people will be notified so that there cannot be the disruption that was caused by this last time. Mayor Ferre: Let's proceed. Mr. Mesnekoff: The property we are dealing with is located on N. W. 7th Street near 48th Avenue. It's presently zoned C-4 and we are requesting a zoning change downgrading this to C-2. Basically this particular area was the subject of 1972 7th Street Study by the Planning Department at which time the recommendation was made for C-2 zoning however, that recommendation was never passed in 1972 and we basically are requesting the zoning change on the basis that the Planning Department originally Stated in their study that the uses allowed under C-2, the down -graded :coning, are more compatible with the uses in the area which are residential type uses, apartment type uses and the logical zoning for that tract. Mr. Plummer: Are you finished Sir? Mr. Mesnekoff: Mr. Plummer: to C-2, I get Mr. Mesnekoff: allowed in the Basically it's a downgrade type zoning. It's dbwngrade except for the fact that when you go down the immediate indication that you want to go with apartments. Yes Sir, there would be, we have no. Apartments are C-2 classification. Mr. Plummer: But they are not in the C-4. Mr. Mesnekoff: That is correct Sir. Mr. Plummer: When you use the terminology "downgrade", you mean down classification. Now Mr. Simpson, I can see one area of C-2. What I am looking for to the left, is there any C-2 to the left? Where is the private club in there Dave? the Pan Air Club? Where the mark of objection is, is that apartments presently? Mr. Simpson: I can't answer that'. There are apartments being built in this area. Mr. Plummer: Does anywhere on the south side of 7th Street now exist in a C-2 with the exception of the intersection where the filling station is? Mr. Simpson: No most of it was changed recently to R-C. Mrs. Gordon: Could we hear from Mr. Acton while they are checking the maps? Your opinion. Mr. Acton: What the applicant stated is correct. The Department did recommend C-2 zoning in this area when we performed our overall zoning study. 1n NOV 211973 The only reason we recommended spot zoning in a C-4 area. Mayor Perre: Well if its going Words, you want C-2 in that are Mr. Acton: That is correct. Mayor Ferte: You want to go from C-4 to C-2. Mr. Acton: Right, we have recommended C-2 all the way along the C-4 area. denial was because this represented a in the right direction. In other a? Mr. Plummer: Dave, isn't this right around the area that I recall that the chinese club was? Mr. Simpson: Mr. Plummer: Mayor Ferre: right? I own AT THIS POINT THE MEETING. That is correct. Mr. Mayor, let me tell you something is, well - Wait a moment, I can't vote on this. This is on 7th street, property in that vicinity so Mr. Vice Mayor. MAYOR FERRE STATED HE WOULD ABSTAIN ON THIS ITEM AND LEFT THE CHAIR WAS TURNED OVER TO VICE MAYOR GIBSON. Mr. Plummer: The reason I am bringing this up. This one little area was the hottest controversy of the whole study. Now, before, Dave you tell me that the Chinese Club has sold out? Mr. Simpson: I have heard that but- - Mr. Plummer: That appears on this chart. Adjacent to that C-3 immediately is C-2. Mrs. Gordon: May I comment please since both J. L. and I worked at 2 levels. J. L. We were on the Planning Board at the time weren't you? Mr. Plummer: When it came up the first time yes. Mrs. Gordon: I can't help but believe that C-2 will upgrade the area to be in conformity to the kind of development we are hoping to achieve, a high class commercial and residential atmostphere. Mr. Acton, what else beside the piece that the owner's application has is C-4? To the east and to the west? Has this chart been updated? Mr. Acton: Right, as it indicated on the map. A gas station would be allowed. C-4 is rather liberal by nature. It allows gas stations. Mrs. Gordon: I know, you could have muffler shops and a lot of obnoxious uses. MR. Acton: Advertising signs. There could be a use put next to C-2 that would not be in the best interest of the C-2 development. Mrs. Gordon: I think it would be in the best interest of the City if we permitted this application to be upgraded and then proceeded to perhaps call for some more public hearings on changing the rest of it to C-2. Mr. Plummer: Mrs. Gordon, there is just something that sticks in the back of my mind. The reason that this little designated area was such a hot issue and I think, I personally would like to defer this at this time so that I can re -read the in-depth minutes as it pertained to this because I will be glad to furnish all of you a memo of what I find but there was something in the particular little area there Dave, do you remember that? Mr. Simpson: The main objection I think came from the Chinese- Also- 11 NOV 211973 s • the owner of the Shack Bar. Mr. Plummer: No, let me tell you what else I remember. I remember a man down about 4th or 5th street that got up and just raised all kind of about putting more apartments in his area. You remember that? And Mrs. Gordon, until I have had time to re -read those old minutes, I just wouldn't want to vote on it, I will tell you truthfully. Mrs. Gordon: If you want to move a deferment, that's all right. Mr. Plummer: Let me ask the applicant. How much would it hurt you? Mr. Mesnekoff: To defer the matter? Mr. Plummer: To the 13th. Mr. Mesnekoff: Presently naturally since we have had an unforseen delay prior to this, we of course, would like to dispose of this as soon as possible but as I said, we do not have firm plans for construction or anything on those premises. We would like to finalize the zoning on this. We have been through Planning and the appropriate hearings. I would like to finalize it as soon as possible. Mr. Plummer: I will give you a definite answer on the 13th. There is just something sticking in the back of my mind as to why we did that and until I can get that out of my thinking, I am not prepared to vote. Mr. Vice Mayor, at this time, I would like to move that this be deferred to the meeting of the 13th at which time we will give these people a final answer. Mr. Reboso: Second that motion. ON ROLL CALL, A UNANIMOUS VOTE WAS RECORDED TO DEFER THIS MATTER UNTIL DECEMBER 13th. MAYOR FERRE ABSTAINING. MAYOR FERRE RE-ENTERED THE MEETING. 7, CONDITIONAL USE - LOTS 26 AND 29, ILOCK 3 TRAJUNE PARK (14-12) Mr. Blaty: Ladies and Gentlemen, I am Anthony J. Blaty, an Attorney and I represent Anthony R. Abraham, the applicant. This property is contiguous to existing property that we received a conditional use previously for employee parking. Mayor Ferre: Are there any objectors on item 12? (No objectors appeared) Mr. Slaty: LeJeune Road is east on your picture. Mayor Ferre: Dave, would you point out where Le Mr. Simpson: The main Anthony Abraham agency is Mr. Plummer: Mr. Blaty, this is to provide more is that correct? Mr. Blaty: Absolutely correct. Jeune is on that? on this corner. off-street parking, Mayor Ferre: Are there any objectors present? Mr.Plummer: Wait a minute Mr. Mayor, please. I want the assurance of Mr. Blaty and Mr. Abraham that these two off-street parking will be done in as good a taste as the one on 7th Street and Le Jeune Road. I want it for the record. I know Mr. Abraham and he does a good job but I just want it on the record. Mr. Abraham: The answer is absolutely Mr. Commissioner and I have some photographs, of the manner in which these areas have been landscaped and maintained and I would like to present them to the Commission if I may. 12 NOV 211913 Rev. Gibson: How is it that you settled all of this with those neighbors before you got here? Mrs. Gordon: Yes I just want to observe that there isn't a neighbor accross the street objecting, on the block. Mr. Plummet: Well Mrs. Gordon, this is exactly what I was bringing out. That lot on 7th Street and Le Jeune Road is a credit to that area and I want to make sure these other 2 lots which are now being included are done just as nicely. Mr. Abraham: Reverend Gibson, I want you to know that we have satisfied our neighbors in every way possible with the single exception of the street parking that now exists. I paid dearly, very dearly for these lots. I have not dedicated but we have given up a total of over 32,000 sq.ft. of street frontage in order to accomodate the City and in order that the area is a credit to our community and so that it will satisfy not only our neighbors but myself. Mayor Ferre: Well Mr. Abraham, I might point out that I agree with what Mr. Plummer just said. These pictures verify it and I know of your thoroughness and you certainly are a dedicated citizen in this community who has done many good things for many people and I know that you are the kind of man who lives up to his word and I am very happy to hear you just say what you said. Is there any further discussion on this item? Mr. Plummer: I'll move it. Mr. Acton: There are certain items that should be brought up in connection with this application. There is illegal parking in the required landscaped area by the applicants primary service area on 7th street, Thats #1. In other words, there is a required 20' landscaped area that is being used for parking illegally. Mayor Ferre: At the present tine? Mr. Acton: At the present time. #2, there was a failure on the part of the applicant to comply with. Commission Resolution 172-856 which provides for the installation of a raised curb behind the sidewalk on the south side of S. W. 7th Street between Le Jeune Road and S. W. 40th Avenue. A resolution was passed as a condition the last time that the one parking lot was installed. This was never complied with. Is that correct? Mr. Plummer: Mr. Acton: On supposed to be parking in the George, what are you talking about, a raised curb? the corner of Le Jeune Road and 7th Street, there was a raised curb there placed there to stop cars from landscaped area. Mr. Blaty: It's already in Mr. Acton. Mr. Acton: It was put in and it was landscaped? Mr. Blaty: Yes. Mr. Acton: The 3rd condition was contained in the Planning Board's recommendation to the Commission, in other words, site -plan approval. Mr. Plummer: I will move that the application - Mayor Ferre: We have a question before you make your motion. Rev. Gibson: I don't understand the objection and the man has already done it, I don't understand it. Mr. Plummer: Well they just obviously didn't pick it up, that's all. It has been complied with, fine. Mrs. Gordon: If you move it Mr. Plummer, I will second it. NOV 21.1973 Mayor Ferre: Any further discussion on this matter? Ca11 the roll please. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-926 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PRO- VIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (b), TO PERMIT OFF-STREET PARKING LOTS ON LOTS 26 AND 29, BLOCK 3, TRAJUNE PARK, (14-12), LOCATED AT 4244 AND 4290 S. W. 7TH STREET, WALLS AND LAND- SCAPING TO CONFORM WITH PARKING LOTS TO THE EAST, WITH NO OPENING ON S. W. 7TH STREET, SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING DEPARTMENT; SUBJECT. TO COMPLIANCE WITH LIGHTING REQUIREMENTS FOR PARKING LOTS AS SET OUT IN ORDINANCE NO. 8115 AS AMENDED; SITE ZONED R-1 (ONE -FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mrs. Gordon: I want to commend you for the way the area looks. It does look beautiful. Mr. Abraham: Thank you, and I want to assure the Commission that what- ever wi1 compliment your judgment but will compliment the community as a whole. 8, VARIANCE - LOT 11. BLOCK 14, FAIRLAWN- 6625 S. W. 4 STREET Mr. Juan Morales appeared in behalf of his father (also present) who did not speak english. Mr. Morales: I just want to tell you that the present system I have in the house is awful. The rain keeps coming through the front door. We have had to replace the door twice. Mr. Plummer: Whkt kind of an addition are you putting on? Mr. Morales: An open porch. Mr. Plummer: An open porch. That's not a self-created hardship. Mayor Ferre: Are there any objectors present? Let me understand, your basically saying is that you want to build a front porch area and you want to go 25' instead of 21' so what you are asking for is an additional 4'. Mrs. Gordon: I'll move it. Mr. Plummer: I'll second it. Mayor Ferre: Is there any further discussion on this matter? If not, call the roll. 14 NOV 211973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-927 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXVI, SECTION 2 (23) , TO PERMIT CON- STRUCTION OF FRONT PORCH ON EXISTING RESIDENCE ON LOT 11, BLOCK 14, FAIRLAWN (8-83), LOCATED AT 6625 S. W. 4TH STREET, BEING 21' PROM FRONT BASE BUILDING LINE (25' REQUIRED BY SPECIAL YARD DISTRICT #23),SITE ZONED R-1 (ONE -FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None MRSI GORDON: I noted that no one in the immediate neighborhood had any objection to it. They are all in favor of it. 9. ,APPOINTMENT OF DR. BEN SHEPPARD AS A_SOCIAL SERVICE CONSULTANT TO THE CITY OF MIAMI COMMIS>ION Mr. Reboso: At this time, I would like to propose the appointment of Dr. Ben Sheppard as a Social Service Consultant to the City of Miami Commission, at a $1.00 a year salary. Mrs. Gordon: Mr. Andrews: are. He has this means a complicated. Mayor Ferre: do you think Is he willing to accept it at that high r:te of pay? I fully understand what Commissioner Reb so's intentions expressed himself. Now, would you drop the $1.00 because form of agreement and other things and it gets real Ben, they don't even want to pay you a dollar, what of that? Mrs. Gordon: Dr. Sheppard, would you like to speak to it or somebody enlighten me as to specifically what we are going to expect him to do for nothing? Dr. Sheppard: I came here on another matter but I was talking originally about the revenue sharing and I made the comment that I thought that it should have been more consultation as to who was getting that money and that the Commission probably needed as they do on Mami Beach, they have a Social Service Consultant and I told Commissioner Reboso that I would be glad to be the consultant gratis or a dollar a year, I den't know that the law requires. If any matters of social service and related matters come up, I would be very happy to be the consultant for Mr. Andrews. Mr. Plummer: Mr. Mayor, let me say to you and if I may, since you were not here this year for the disbursing of the federal funds. I couldn't agree with Dr. Sheppard more. I don't want to go into depth on that, but let me say I feel with Dr. Sheppard charring a committee such as this would be of valuable assistance. Dr., I have already, and was most insistent this year that before the first dime of federal revenue monies we:-t outside agencies, that they have to be dovetailed and it would have to pass by this Commission through the United Fund using them as a coordinator and monitor but I would much prefer Dr. Ben Sheppard sitting on top of that committee. NOV 211973 15 • Mayor Ferre: Excuse me but you don't mean, we are not casting any doubts on the United Fund doing a good job, we'are just saying that there might be alternatives. Mr. Plummer: No Sir, in no way, as a matter of fact much to the contrary. I called on the United Fund to come forth and to sit on this so that they could be some monitoring and even though I will be putting Mr. Andrews on the spot. Mr. Andrews, I sent you a memo the day before yesterday reminding you that before the first dime of that federal money is to be allocated out of this City to private sources that every charter provision has been complied with and that it has been dovetailed through the United Fund and I am going to be most insistent on that so I just want to get that on the record. Mr. Andrews: Would you explain a little more what you mean by dovetailed through the United Fund? Mr. Plummer: Yes Sir, during the discussion of the federal funds, any monies that were not used for municipal services or municipal operations was to be taken through the United Fund. It was passed by this Commission that they were to sit as not only a monitor but a coordinator to hopefully keep down any duplication of services of that nature and I will be gladto pull the minutes for you Sir because there were three representatives here from the United Fund. Mayor Ferre: Is there any further discussion on this item? Do we need a resolution on this' Mr. Plummer: I think it would be appropriate. Mayor Ferre: Any further discussion,call the roll. BY UNANIMOUS VOTE OF THE COMMISSION ON ROLL CALL, DR. BEN SHEPPARD WAS APPOINTED AS SOCIAL SERVICE CONSULTANT TO THE CITY OF MIAMI COMMISSION 10, PARKING LOT LIGHTING DISCUSSION Mr. Andrews: The City of Miami has an ordinance, an active ordinance for the control of parking lot lighting. Mr. Herbert Simon and other members of the Board of Realtors requested that the Commission be taken on a bus ride so that we could view various lots in the City of Miami that Mr. Simon a4 others had objected to the manner in which the ordinance specified c;:'iteria for the placement of lighting on these lots. That trip was m.de and conclusions were reached. Some adjustments are necessary. I then selected 8 additional staff members of the City of Miami and we went out and made an independent ride on a large number of lots, some of which were lit to a very high intensity, others we felt were adequate achieve the results that were anticipated by the original ordinance and others• that we felt fell below the standards that the Commission was looking to to achieve adequate lighting. The process that we used was to set aside the ordinance momentarily and go out and look at the lot to make a judgment of 9 people making a judgment. Is this lot adequately lit? After that judgment was made, we then took readings with a light meter to determine the number of foot candles falling on the parking lot of the lighting system that was installed, and we did this at many lots throughout the City. We have come to a conculsion that there are areas of the ordinance that do require adjustment. I want Mr. Clifford Hayes to explain to you the areas that we recommend for adjustment in this ordinance that will make it a very reasonable ordinance for the City of Miami. Mr. Clifton Hayes, Deputy City Manager: At the present time the ordinance requires that all properties outside the C-3 zone, residential and commercial and residential that have 4 or more units, must light their parking lot to a minimum of 1=foot candle. This is supposed to be maintained. In our analysis we suggest that this illumination be average of 1-foot candle, it be the initial installation rather than the maintained installation and that at no point on the lot should there be less than h foot candle. 16 NOV 211973 • We have also on the last line down here suggested that instead of it being 4 or more units, it be 5 or more or any apartment house with 4 units or less would not be required to light their parking lot. No. 2, inside the C-3 zone which is basically iowntown Miami, we would make the same requirements but instead of 1-foot candle with a minimum, make it 2-foot candles with a minimum of 1 foot candle. As I said, right now its a maintained level which influences the design of the parking lot lighting. To maintain the 1-foot candle, you have to take and consider the fact that the lights lose their intensity as they grow older. This way, its much easier to design an initial 1-foot candle of lighting and then see that the lights are replaced on a frequent interval or whenever they are required. We are also suggesting that on commercial properties, that the requirement for keeping the lighting burning all night and be automatic controlled, that that restriction be removed. If you close your business at 9P.M. and not open any after that, if you can secure your parking lot, so that it cannot be used. A chain accross the entrance, that you could turn off your parking lot lighting, that this would save both energy and also be at less cost. We are also suggesting that the existing ordinance, one section, that some words be eliminated. The way it reads now, it has been interpreted that benevolent organizations and non-profit organizations located in residential zones are excluded from the ordinance. By eliminating the words "Which are adjunct to a commercial use", we will then be requiring the Elks Club or anything else like that to light their parking lot and this would also apply to churches. Mayor Ferre: In other words, they would have to light? I don't see any reason why the churches or the Elks Clubs, I mean if a crime is going to be perpretrated, it will happen as much in an Elks Club Parkin g lot as anywhere else. It is included how? Mr. Hays:. By including that change, .we will be able to require or at least they will fall under the control of the ordinance. There is also one other thing, that most people don't realize that at the last time this came up, at the Board's recommendation, the Parking Lot Review Board, the Commission did give the Board'a tremendous amount of leeway in using their own judgment as to when a parking lot would require lighting. We visited some apartment houses where the parking area is right on the street, perpendicular, one stall deep. You have spillover from the street lighting. With one little security light, it would light up a dark corner, we felt this was sufficient lighting. It did not measure up to the one or the one half foot candle but the intent and purpose of the ordinance was kept by the location. The Board already has authority that when somebody feels that they have certain circumstances that should exempt them from this, the Board would consider this and grant them a waiver. That's already been taken care of. Mr. Plummer: Mr. City Manager, after the conclusion of this item being brought up before, I asked for 2 parties to be present. I would like to hear from them at this time. Mr.Andrews: One of those was a representative of the Florida Power and Light Company, would you like to hear from them? Mayor Ferre: Is the representative from Florida Power & light here? Mr. Plummer: Mr. Cook, at the last meeting it was brought up as it pertained to the energy crisis, that is presently existing, it was my asking at that time that brings you here this morning, that in fact, how does this lighting as proposed in the new recommendations of City Manager Andrews pertain to the energy crisis? Mr. Cook, Florida Power & Light Representative: Mr. Commissioner, as Mr. Andrews has recommended, the actual additional lighting electrical load would be relatively small. He is not, the fact that the lighting levels have been reduced and the fact that many parking lots in the City of Miami already have lighting, they may well meet this requirement. The electric load seems to be relatively small. Mr. Plummer: Could I have your assurance Mr. Cook that if this thing were to be proposed and it does affect the energy crisis, that we would have recommendations back from you to the City Manager telling 17 NOV 211973 • • us that this thing has now become a problem. I am not saying that it would but if it does, that we would be put on notice so that we could take other preparations? Mr. Cook: Absolutely. Mr. Plummer: Fine. Mayor Ferre: All right, who else do you want to hear from? Mr. Plummer: I had asked Mr. Miyor that a representative of the Police Department be here to give us an answer as it relates to the - Mr. Mayor, let me go back to the initial conception. This Ordinance was prompted by the amount of rapes in the downtown area. That is what initially started this ordinance, so I had asked that a representative of the Police Department be here with statistics showing us the amount of rapes before theselights as opposed to after the lights and their recommendations as to the effect the lights have on the deterrent of crime in these areas and I asked that by memo. Mayor Ferre: We'll be getting into that this afternoon. Mr. Plummer: No Sir, as it relates here Sir. Mr. Andrews: It is a separate matter and the statistics were developed and I apologize for not transmitting them to you. I have them on my desk and they do show the effect of the lighting and how it affects usage by people of the area where the lighting has been converted. I am sorry I don't have the information here for you but may I offer this: That if you find, that these adjustments meet with the Commission's approval, you will then be asking me to make the adjustments and we will be following a Public Hearing procedure to have the ordinance amended. Prior to that I will make sure'that you get this information and have -the pol ice here so they can respond to your questions. Mr. Plummer: Basically what I want to know Paul is, has this done any good or hasn't it? Mr. Andrews: Yes Sir, very much so. Mayor Ferre: I'll tell you Mr. Plummer, having walked in Bayfront Park in the evening, I can tell you that many of the people that I stopped and questioned told me that they had not used the Park before and do use it now because of the fact that it is so well let and they feel relatively safe in there because of the lighting. Mr. Andrews: May I take the Commission's time for one moment. When we stopped at the C.T.A. Parking lot and we were gathering the instruments out of the truck, 3 ladies, elderly ladies were walking in the parking lot and you have to visualize that the C.T.A. parking lot is about h block long from the building back to Brickell Avenue, They stopped and they were curious as to what we were doing and we explained to them that we were making some analysis of parking lots lighting in relation to the ordinance and 'after we finished our explanation, I asked the ladies that they appeared to be just strolling in the parking lot and she said yes, now that we have the new lighting in the parking lot, there is a walking club that has been formed and the ladies come out here in the evening and just promenade through the entire parking lot back and forth to get their evening exercise. The person who made up the newsletter for the C.T.A. Towers and she was going to write up the information she received in reference to the City's Parking Lot Lighting Ordinance. Mr. Plummer: Let me ask you this. Has any consideration been given to only applying to new construction? Not being retroactive back on the old structures. Mr. Andrews: That consideration was given and that is something that Mr. Simon's has been addressing to the Commission that is covered in the South Florida Building Code as far as new construction but we wanted to go beyond that and approach it from the standpoint that if affects all the lots in the City of Miami. 18 NOV2119?3 • • Mr. Plummer: Let me say this and we can keep it in mind for the future. When we do such a thing and we put a date on it, we have really put these people under the gun because these people who do the installation know baby you got to get it done and you are going to have to pay through the nose for it. I have known some cases where this has happened. A man says well, I have no choice, if I want to operate, I have got to pay it. ,Well this is wrong and I don't know what we can do to alleviate it. I don't know what can be done but I know its a problem, it does exist and I think we ought to keep this in mind. You know, its one thing when you can go out and do it at your leisure and get the prices you want them and things of that nature and its another thing when you have 90 days to get it done. I am hoping that this Review Board will keep this in mind. Mr. Andrews: Yes, there is certainly going to be reasonableness in working with the public in achieving this, I can assure you of that. If there us unreasonableness, the public knows full well the number of times this Commission has demonstrated in the past that the Commission is available to them to listen to their complaint if we have mistreated them. Mayor Ferre: All right, any further discussion? Mr. Plummer: I think we ought to hear from Mr. Simon, he has been the most vocal. Mr. Herbert Simon: May I first have some explanation on the inter -office memorandum that I received from Mr. Andrews. To begin with, let me commend the City Manager, Mr. Andrews and even if I lose today, I am still going to commend him. He at least took the time and trouble to have members of his staff in the Building Department go out into the field to find out what is the practical application of this ordinance and I think as you see, there have been some changes necessary and we hope for some more but I think he did a very commendable job in doing that. In the number one of the proposals by your office, Mr. Andrews, would you explain why you put an average of 1 foot candle and at no point less than h. In other words if h foot candle is sufficient, why do you even need to put the average in there? Why just no less than h? Mr. Andrews: The h foot really is not a level of lighting that is desirable and the reason that we allowed the h foot in any one place, we found as we went out to apartment buildings and looked at the lighting that with 1 foot throughout the parking lot in the back of an apartment building, it would require lighting to be installed on the building with supplemental lighting at the back. That meant a lighting pole with fixtures on it. We visualize underground conduit and running up the pole and installation and averaging it this way with the one foot would mean that adjacent to the building with lights attached only to the building, you would get about a foot and h there and it would spill to about 1 foot in the middle and h foot at the end of the lot and this would be a far less expensive installation, yet achieve within a sense of reasonableness that which we started out to achieve for the City. Mayor Ferre: Mr. Simon, If I may, the alternative to that is that we have a 1 foot candle throughout the parking lot and of course that would require additional lighting. I think that in effect, this is a reasonable approach where you can have an average of one but nowhere less than h. You could take two sides to this coin. You could say if h is good enough, why don't we just leave it at h everywhere? I can take the other side and say if one is the standard, lets make it 1 everywhere so I think this is a good middleground. Mr. Simon: I am not going to argue. The only point was that there would be conceivable to me that there would be a certain type of decorative lighting that might not produce but h foot candle. It might be scattered throughout some parking lot. Let us say an apartment building parking lot and you wouldn't have an average of one but you would have h or more throughout the entire lot. That is the only reason I brought it up. Mayor Ferre; Ok, is this satisfactory now? Mr. Plummer: I want to ask one more question Mr. Andrews for the record. 19 NOV 211973 • What is, someone told me the other day, there is an alternative that if they don't want to light up their parking lot, that they have an alternative of fencing. Mr. Andrews: It doesn't necessarily have to be fenced as long as they can secure and control the entrances to their lot where the vehicles Can't get through shrubbery or make it over a high barrier but control the entrances, then they do not need to light. Mr. Plummer: In other words, there is an alternative. Mr. Andrews: Yes. Mr. Plummer: Then it is not mandatory that they must light. They can either light or fence. Mr. Andrews: And another alternative that is available to them where they operate their parking lots through a portion of the night hours, 6 to 9 o'clock and the business closes at 9, and they have lights on in the lot, they turn those lights off at the close of business if they secure the entrance once again in order to save energy. Mr. Plummer: So in other words, they don't have their backs against the wall as much as I originally thought, they have an alternative. Mr. Simons: On item 4, residential properties with 4 or less dwelling units will be excluded from the parking lot lighting ordinance. We feel, I know the intent there is to add some protective devices or less expense to the small property owner. We feel that there should be 10 units or less and that it also should include commercial properties of 10 parking spaces or less. Mr. Andrews: I'll have Mr. Ferencik answer that question. He has some additional information on compliance we received from a large number of residential apartment units. Mr. Ferencik, Dr.Bldg.Dpt: We presently have full compliance where this was checked and a determination made with reference to compliance. We have 173 new buildings that have been recently completed that have complied with this ordinance fully. Mrs. Gordon: New buildings, Mr. Ferencik? Mr. Ferencik: New Buildings. We have 180 buildings which have been finished, checked, there are a lot more buildings that the permits have been taken, work has been done but we haven't fully checked them out yet. There are 180 buildings in the City at this time that we have fully checked and are in compliance with the ordinance. Mrs. Gordon: All of those are new construction. Mr. Ferencik: No, these 180 are existing buildings that have added this lighting to their facilities to comply with the ordinance and these are the ones that have been checked, permits have been taken and we have finished with them. Now in reference to the 10 or less parking spaces, I think probably what Mr. Simon is trying to do is to relate this back to the County Ordinance which from now on will require all business properties of 10 or more parking spaces to comply with it no matter what the City does or says. The South Florida Building Code has been modified so that all the new construction if has businesses that have 10 or more parking spaces, must provide lighting more severe than the Ci:y is requiring actually because they are asking for 1-foot candle maintained. To get 1-foot candle maintained, you get into a technical description which I won't bore you with but you have to have a lot more lighting to begin with to meet this requirement. The elimination of the parking requirement of 4 or placing the requirement on 4 or more units rather than on the present 3 units, eliminates about 1000 properties from the requirements of this ordinance and these would be small frequently owned type pieces of property where the landlord lives on site and rents an apartment or two out. I would not recommend raising this up to the level of 10 parking spaces as the minimum. There are too many apartment houses, hundreds of them that are being built in Miami with 6 units in them. NOV 1973 20 • These units require 7 and 8 parking spaces and I think they should be lit. I think the people who live in these places should have the security where they have to park in the back of the buildings, sometimes in secluded areas, they should have this security. Mayor Ferre: Any further discussion? Mr. Simon: I haven't finished. Mrs. Gordon: Does Dade County, do the other municipalities have an ordinance comparable with this? Mr. Ferencik: Well all municipalities in Dade County by provision of the Metropolitan Charter must enforce the South Florida Building Code. Mrs. Gordon: I'm not talking about that. Mr. Ferencik: To the best of my knowledge there :is no other community in this area that has a mandatory Parking Lot Lighting Ordinance. Mrs. Gordon: The basic difference between this and South Florida Building Codeis the inclusion into existing structures, is that correct? Mr. Ferencik: That is correct plus the fact that the South Florida Building Code doesn't deal with parking lots in any event if they have less than 10 parking spaces. Mrs. Gordon: They do not? Mr. Ferencik: No. Mrs. Gordon: Well then Mr. Simon's recommendation was certainly in accord with the South Florida Building Code. Mr. Ferencik: It is. Mr. Andrews: Excuse me Mr. Mayor, what Mr. Simon is recommending is paralelling South Florida Building Code but we believe from our surveys and our experiences that the South Florida Building Code and we are going to recommend this that the standards should be increased so it provides for more coverage to the point that anything larger than a 4-unit apartment building should receive this lighting requirement. Mr. Simons: On #6 of the Manager's recommendations, we suggest that a period be after the word "Business Hours" and that the rest of it be deleted. Mayor Ferre: Let us read it specifically. Parking Lot Lighting for non- residential properties may be turned off 30 minutes after the closing of business hours and you want struck, "Provided satisfactory arrangements are made to prevent an after hour parking use". Mr. Simons: Yes Sir, in most cases, I know you discussed this previously but in most cases, it would be inpractical to chain off or fence off a parking lot after the business is closed. Mayor Ferre: As I see it, the concern is that in the dark if someone goes in if its open and available and they park their car there, then you are subject to the same problem of crime. There is one of two things that have to be done. Either you keep the parking lot lit or you make sure that people can't go in there and park. Mr. Simons: You are right mr. Mayor but no one has a right in there after business hours any more than you would have a right to go in somebody's back yard. Mayor Ferre: That is plain theory. You know that in the practice of it, somebody is going to drive in and park. Mr. Simons: Just to continue , the two main thrusts of our argument have continually been too much light and that the ordinance should not apply to existing properties. Now I would agree that the question of too much light has been taken care of in this proposal by the Manager. We still do not feel that it is either fair or equitable and we also 21 NOV 211973 • • think unconstitutional, Mayor Perre: Which item is this? Mr. Simons: I wasn't on a specific item. To have this applied to existing properties is what I was referring to Mr. Mayor. We have no quarrel with it applying to new construction. On new construction, you can take it into consideration and it usually costs less to install it in the first place while you are building and you can take it into consideration in your rent structures. The tenants know what they are getting into. We do not thi;k it should apply to existing structures. We feel that it also sets a precedent for future retroactive regulations. You could at any time say that, well the building code now has changed and we require 2 X 8s in the roof instead of 2 X 6s so ripoff your roof and put in 2 X 8s. Maybe that's ridiculous. This does set up a retroactive law to my estimation. This has never been done before. If you insist on not repealing the ordinancw which is what we do request, we think that at the very least, there should be a moratorium placed on the ordinance until 2 things happen. Until the new Lucalox lights are installed by the City and you have somewhere around 3 million dollarsto install those and see what effect this has because we feel this will eliminate a lot of the so called problems relative to lighting. We also feel that until the end of the energy crisis, should also be tacked onto the moratorium. Last night, Iwas in the Dadeland shopping center and they have big signs up there, they have turned off their thermostat and turned off a numberof their lights because of the energy crisis. There will be thousands of them and I don't know if FP.L. has had any estimate of the numberof watts that will be used by these lights if you go through with the ordinance, but are you telling that if people who are now told to turn up their thermostats on air conditioning and turn off their lights and a friend of mine who lives near Mrs. Gordon on Bayshore Drive even turned off the pilot light on her stove and almost blew herself up yesterday, but, are you telling me now that we have no energy crisis here, that we can turn up our air conditioners as much as we want and put on decorative lights and neon signs? I mean there is something inconsistent with this. Mr. Plummer: Let's get into that. You know Mr. Simons. We can talk back and forth about an energy crisis and everything of this nature but you know, I think it was ironic the way this thing came about 2 weeks ago. Mrs. Gordon brought up about a rape center at Jackson Hospital and to urge that the city people use the Rape Center to the extent that I am sure everybody understood what she meant but then 2 items later, we spoke about the lighting ordinance. I just don't see how you can equate an energy crisis with safety in the streets and I am going to be very frank with you, that is like saying okay, we have an energy crisis or a fuel crisis, let's take the gasoline out of police cars. I just don't see how you can say that the energy crisis is more important than safety. We all admit there is an energy crisis but we also admit that there is a crime crisis which we are trying to balance the 2, so even if we infringe upon the area of putting Florida Power & Light to a little bit more work, I think that it is well worth it and that is speaking for one. Mr. Andrews: I want to pointout Mr. Mayor and members of the Commission that what Mr. Simon is addressing himself to is comfort and safety. If we have a choice, I think we should consider the safety aspect and be a little less comfortable. Mayor Ferre: All right, is there any further discussion? A11 right, Sir, go ahead, your name for the record.. Mr. Griffin: My name is J. Wyatt Griffin. I have an office at 144 N. E. 2nd Avenue in downtown Miami. I am the Legislative Chairman of the Institute of Real Estate Management, South Florida Division. I am here because we wrote a letter to you people prior to this hearing and because my group asked me to appear. Many of the objections in the letter have been answered by the the amend- ment which we did not have in hand at that particular time. Some of them are still unanswered and this is the reason I am up here today. 22 NOV 2119?' • Mayor Ferre: Will you address yourself to those? With all due respect to you and everyone on this important item. I would like to point out tcryou that we are 45 minutes behind our schedule and there are a lot of people waiting for other items. Mr. Griffin: I appreciate that. I was going to play golf today and the tee -off time was 11?30 and I am 15 minutes past my tee off time which I had. I think its important enough Mr. Mayor to forget my golf game even though I was dressed for it, and to come here. The items that I am referring to now and we still object to the 1-foot candle power minimum average in C-3 areas because our electrician, Mr. Hart of Hart Electric tells me that you can read a newspaper on 1-candle power and that you can see a rodent run accross the parking lot at h foot candle power. If h foot candle power is good enough in one parking lot, we would like to see the minimut stay. It would save a lot of money and a lot of rat races in the cost of the lights being installed. That's #1. We are security minded. We feel that we want to put enough lights up, but not too many. Another thing that we are against is under Item 6: It says that lights will be burned for 30 minutes after closing. This makes you put in timing devices because who is going to hang around for a little store with delivery entrances at the back, to turn the lights off 30 minutes after he goes home. This still requires lights in the little areas unpaved even in back of stores where delivery trucks come and unload a TV set to repair it. This still requires the lights and those things where there are 4 parking spaces in back of the store. I would recommend if you are going to limit the number of parking spaces on apartment houses, you ought to limit them on fringe commercial areas too. This is not being fair to commercial properties. We have to raise the rents on the commercial properties when we do these things and the little man is getting hurt. Mayor Ferre: I am talking specifically about the 30 minute timing. Mr. Griffin: If they are not going to use the lot after that time and they are going to lock it up, why burn the lights for 30 minutes? Why not cut them off when you close? In this type of lots? This needs straightening out and we figure we are professionals, we want security. We don't want stuff we don't have to have and be forced to charge tenants for the use of something they don't have to have. That is my reason here today. I do think the Board has a lot when they say certain things in existing properties because many of our buildings were built with a different electrical code than what you have today. We have to add things to the meter room. Special meters to run the lights when the room is not in them to do it and certainly special exemptions should be given to persons that find it real tough to try to comply with this thing. We don't think its gone far enough. It's gone a great deal in the right direction. Enough study hasn't been given to it and I would like to see a complete moratorium on it until a complete study could be given to the little items and small things. I am not talking about the huge complexes that can afford to put the lights in when they build them like high-rises. I am talking about little strip stores that have a barbershop in it and park their own car in back of the barbershop during the daytime and goes home at night but has to light that little space now because I don't think anybody is going to steal his garbage because its not a luctrative business anymore. Another thing I am against. My office is in the downtown area. We have sodium vapor lights and its too bad that the police department and the fire department did not give the exact regulations this morning. More buildings that I manage in the downtown area have been broken into and vandalized since the lights went in. I had 4 last week with sodium vapor lights blazing on the streets. Lights are not the complete answer. Other security measures should be considered like sensors and other types of things. Lights are not going to deter crime. Crime is committed in the daylight time just as much as it is at night and I find some of the buildings that I have and my electricians have told me, 5 parking spaces behind a little building on N. E. 2nd Avenue, costs over $1,000. I could have lit it up with two photo -floods which I have done in the past and be satisfied with them if the department wants to do it. One more point. You have given 'the Appeal Board certain power to make waivers. Why not give the Enforcement Board the power not to cite those to start off with so you don't have to go through this time in the course of an appeal. This has not been considered in this ordinance. 23 14UV 211973 • You have to give certain discretions to an enforcement agency. I think it needs a lot more. I would like to see a moratorium so it could be done right. Thank you. Mr. Rosen: My name is Kenneth Rosen, immediate past president of the Miami Board of Realtors. My address is 3746 West Flagler Street, Miami, Florida. This ordinance the way it is written now would require every apartment building in the City of Miami with 4 units or more to keep their lights on not until the close of business but all night long until the sun comes up in the morning. You take 50,000 apartment buildings leaving their lights on all night long. Our tenants, the tenants in the City of Miami are not complaining about having night lighting but they are complaining about having lights on all night long because of light pollution. Secondly, who is going to pay the cost of putting in the lights? It's the poorer tenants and the middle class of this community that are going to pay the increase cost of this lighting. Now my personal opinion is that this ordinance is a ridiculous ordinance because it is a retroactive ordinance. That philosophy is extremely disturbing to me in a free enterprise system where you all of a sudden decide to pass a retroactive ordinance that will mean 40 and 50 year old buildings have to go out and comply with the ordinance. The tenants are going to wind up paying for it. I am talking about the tenants that are in those old buildings that cannot afford it because they are paying the highest rents in the history of Mlami now. We have no objection to lighting. Lighting is a motherhood issue. It's a beautiful issue but let's do it on new construction where the builder and developer can figure the cost ahead of time. I will tell you what this ordinance will do. It will make millionaires out of electrical contractors because they will be so busy in the next few months installing lights on existing buildings that they will become very very wealthy . People will be under the gun to comply with the ordinance. Mr. Ferencik says that 180 buildings have complied with the ordinance. I have complied with the ordinance in my own building on Flagler Street because I consider it to my advantage to keep burglars from breaking into the back of my office building but that is my right as a private property owner. He cites 180. How many property owners have not complied with it and do not intend to comply with it? I would say that there are thousands and thousands. How many properties are there in the City of Miami. There is a hell of a lot more than 180 properties. As far as the C.T.A., they don't worry about it because it is a subsidized situation. The nice little ladies that are walking around the C.T.A. parking lot do not have to worry about their rent being increased because its a subsidy. As far as the Review Board goes, you have to have the Review Board set up from 8 o'clock in the morning to midnight because they will be meeting 7 days a week. Everybody will want an exception because nobody is complaining now. The problem is that the City of Miami should light up the streets in the high crime areas first. On new construction, they should comply with the South Florida Building Code but lets not enforce an unconstitutional ordinance which is a prohibitive and an uneconomical ordinance and a hardship on people and make it retroactive to 50 year old buildings. Mayor Ferre: Mr. Rosen, before you leave. Let me just ask you and please don't misunderstand the purpose of my question but since you have spoken out, I think it is my obligation sitting here as the chairman to ask you some questions. Do you believe the police reports that increased lighting reduces crime? Mr. Rosen: I believe it reduces crime in the crime areas but I don't think increased lighting in a non -crime area makes any sense. Mayor Ferre: Unfortunately, and I have been reviewing some of these statistics in the last few days pretty intensively. Unfortunately, I am sorry to have to announce that there is no area in Miami that is crime free. There have been rapes and muggings in every single section including the 9 police sections. The City of Miami is divided into 9 police sections and every single police section within the last year, there have been rapes, muggings and murders in every one of them so the problem is that there are some that are more intense but my question to you is: 24 NOV211973 Do you believe that lighting has reduced the crime tendency in some cases? Mr. Rosen: 'name cases, yes. Mayor fierce: Let me ask you. You as a businessman and I as a business- man, I read and I see litigation that goes on between one person against a corporation for someone who has lost their life because of some negligence with some property owner or corporation, and I see these awards that are $800,000 and a million dollars, so everytime I read that, I question. How much is a human life worth? How much is it really worth? Can you really measure the value? Now if one of my dear and loved family, one of my.children or someone that I love very much were in anyway, they lost their lives, there isn't enough money in the world that could compensate me for the loss of that life due to someones negligence and the statement that I wanted to make to you and this is just a matter of personal philosophy, I recognize that retroactive laws infringe on the question of constitutional rights of the individual even though I am not a lawyer. However, we are reaching a period in the history of this country where a lot of these concepts are being changed. Some to the better I might say in my opinion. Some to the good. Now, if lighting, saves one life in the City of Miami next year, then to me all the hassle we are going through is worth it. This is my personal opinion. We can discuss back and forth a candle or h a candle or whether its 15 minutes after closing or if hour. I am willing to .discuss that as long as you want but my opinion is, and I stand firm on this and that is that if one life or one rape is avoided because of lighting, then by God it's worth it. Mr. Fitzgerald: I am Michael Fitzgerald . We are here representing the Archdiocese of Miami. The archdiocese owns and operates many churches and schools in the City of Miami. Last year when this ordinance first came up, it'was brought to the attention of the Archdiocese. They did a cost analysis and found it would cost many hundreds of thousands of dollars to light all the parking lots in their institutions. We thought it was unreasonable because the institutions aren't used at night. If they are, its only very occasional like the midnight mass on christmas eve. Mayor Ferre: Then lock up the parking lots. You have a solution to it, put a chain up. Mr. Fitzgerald: That's all we are looking for if we can lock up the lots. Mayor Ferre: You put a chain accross the entrance and as far as I understand, as long as you lock that parking lot, they can turn off the lights. Mr. Andrews: That is correct. Mr. Fitzgerald: But we have to have them installed. This is the main problem, the actual installation. Mayor Ferre: Do they have to have them installed if they aren't going use the parking lot at night? As I understand it, as long as you put a fence or a chain or whatever it is so that it is not used for parking, then you don't need the lights. Mr. Andrews: If you use the parking lot at night, then you are going to have to have the lights. Mrs. Gordon: Where is that written into these recommended changes Mr. Andrews? Mr. Andrews: That would be number 6. Mayor Ferre: Item #6. Mrs. Gordon: Satisfactory is a broad term. 25 NOV 2 ].1973 • Mr. Hays: Mrs. Gordon, that is already in the ordinance. It was approved the last time this came up as item #7. The Board, with other security measures such as fencing or securing the lot, so it cannot be used after dark, need not provide the lighting at all but if they use it during the evening hours after dark, they must provide the lighting. Now we are going to allow them to turn off the lighting and lock the parking lot after the close of business. Apartments are used all night long by the residents. Mr. Plotkin: Mr. Mayor, :my name is Leol.Plotkin. I am an attorney and a property owner in the City of Miami. I would like to make a few remarks. I particularly object to the ordinance amendment #7 which is a straight out delegation of legislative power to the administrative agencies. In that it says to take into account the location of the parking area with respect to the property, the use of the property and the existence of all other available lighting and this creates standards and criteria which are so indefinite and so vague that we as citizens and property owners would not know the status of the law. Administrative Boards could vary interpretations day to day from man to man from time to time until we would not know what this ordinance meant. It is not permissable under system for a out delegation of powers to any administrative agency and that is what this constitutes. The retroactive effect of this ordinance makes a legal act when performed converted to an illegal act. When the buildings that were constructed prior to this act were built, they were in conformance with all existing codes and ordinances. Now by your action, you would convert that legal action and make it illegal. I was taught in law school that this was called expo -facto legislation because this is penal and you can put people in jail by the terms of the ordinance for something that they did legally. I would suggest further Mr. Mayor, that the presumption that making night into day by the use of artificial lighting, that this presumption that there will be an elimination of crime may not be altogether true and I want to state I do not object to lighting of arterial streets throughout our City but with respect to private property, and what I term as encroaching municipalism. We talk about encroaching federalism but we must talk about the propery rights here of citizens and how you will deprive them by making them close off their parking areas if they do not install lighting or if they do install lighting, letting them use that lighting for a 30 minute period after close. I would suggest that we must be very very careful when we permit greater authority over property rights in this City. Mr. Mayor, in the Miami Herald yesterday and you will be taking this up later today, there are doubtful statistics that the Crime rate in the lighted areas of this City and I point out the significance to this Commission that those bright sodium vapor lights in the central City and in Coconut Grove concentrated in those areas, that the statistics indicates that rapes have increased in the central city and that burglaries had increased in Coconut Grove and we are her playing a statistical game and we have not proved that more lights would be safer Mr. Mayor, although again, I do not object to the lighting of the arterial streets. Mr. Mayor, there are classifications of peoperty which are not covered here and relate back to my discussion of this grant of legislative power. There are warehousing developments, I own some of them. They have multiple tenants and their operations cease at 5 o'Clock. We would either have to light that area or close that area although the operations may cease, the executives of those companies come in at night and they do office work. I think that lighting can be provided by citizens as Mr. Rosen referred to based upon their own good sense of what is good for the safety of the community. It is your job to protect us on our public streets and to give us adequate and able police forces bu.to give us lighting without adequate able police forces is not detering crime because if you belittle the sophistication of the modern criminal, then he would not use the lights to his own efficiency in perpetrating the crime, then you make a false presumption. Mrs. Gordon: What is your name Sir? Mr. Plotkin: Leo Plotkin. 26 NOV 211973 • Mayor Ferre: presentation statement. Up until now Mr. Plotkin, I will tell you that you made a beautiful up to this point but right now, I disagree with that last your presentation has been absolutely brilliant. Mr. Plotkin: Mr. Mayor, I regret that we have come to the point of slight disagreement. Perhaps if we had time to talk, we would not be in disagreement, however, I am not definitely convinced that the lighting in and of itself is any longer a psychological deterrent that we once thought it was and so the basic presumption of the ordinance itself, the presumption that was used by this Commission in evaluating the reasons for voting into effect, may not be true. I do not say Mr. Mayor they are not true. They may not be true and I hope that your session this afternoon with the Chief will indicate some further statistics on this. Mayor Ferre: Let me ask. Can I interrupt you or would you rather - Mr. Plotkin: I would like to conclude and I will conclude as rapidly as possible. Mayor Ferre: I want to bring this to ahead very quickly and I want to ask Mr. Andrews a question and it might avoid your speaking any further on this. Mr. Andrews, is the administration convinced that lighting reduces crime? Mr. Andrews: Mayor Ferre: Mr. Andrews: Mayor Ferre: Mr. Andrews: Yes Sir and I can demonstrate that unquestionably. You are convinced? Yes. I am going to tell you - I want to qualify that. Reduces crime to persons. Mayor Ferre: Of course. I want to tell you something that the only, the only reason that I am for this ordinance is if it reduces crime. If there is any hesitation or any question about it in your mind or the police chief's mind of the administration, then everything that I hold on this to be so, is questionable because if a reduction of crime is not the case, then I think we are in very weak ground and the synthesis of what I have got from your very brilliant presentation is that it is not a reduction of crime and what you say is so if there is any grade of truth in it, that what I think what you are talking about not ad hoc but post facto application of the law, certainly comes into play and the only thing that I would see overriding that is the question of the safety of the individual and on the energy crisis, it seems to me, that I am all for saving fuel to comply with the energy crisis but certainly not at the expense of someone losing his life and that comes as a #1 consideration so I want to emphasize strongly the premise that I am basing my opinion on Mr. Andrews, and if you wish to continue, you may go ahead. Mr. Plotkin: I would like to take one more minute if I may Mr. Mayor. The premise that the lighting of the streets in the areas where it is now occurring reduces crime and that it is successful is something that remains to be tested. If it were successful, then that premise would only lead to the lighting of other streets which are not presently in the program. The lighting of streets or property without upgrading the quality and quantity of police enforcement reduces the lighting of the streets to a psychological element only. If you don't put the muscle in it, then you can light from now until dooms day and that crime must and will not decrease. I may say further that we will have to dissect the statistics and I don't want to take the time now but you must be very careful in your analysis of the statistics as to where the crime is occuring and whether it occurs on arterial streets or whether it occurs on private property. Whether the bodies are taken from arterial streets to private property. there are many faces and aspects of the statistics. I would like to close Mr. Mayor, if I may by saying that I hope this Commission willpermit one thing from this day forward and that is in any analysis or study for things that affect the rights of its 27 NOV 2 1 1973 citizens, that it will give input to its citizens in the policy formulation stage and so called independent studies that Mr. Andrews referred to of lighting on lots in the City of Miami. i want to be there. I want to participate. I want to be able to give a credibility to studies because they are made by the citizenry and by the administration. Thank you. Mr. Plummer: Mr. Plotkin, do you live in the City of Miami Sir? Mr. Plotkin: I do not live in the City of Miami but I own property. Mr. Plummer: Do you live in South Florida sir? Mr. Plotkin: Oh yes. Mr. Plummer: All right Sir. Do you read the newspaper? Mr. Plotkin: Yes. Mr. Plummer: All right, now, Mr. Andrews you correct me if I am wrong Sir. This Mr. Plotkin, is about the 6th meeting that we have had where we asked for citizen input to this ordinance. We went through this with the good Board of Realtors. We have hashed. We have re -hashed. We had public hearings. We had more public hearings. So Sir, please don't stand there and make a statement that this Commission doesn't want the input of the people. We advertised. It was fully in the newspapers. It was all in TV. We begged you sir, not you in particular, but the public. Come forth and make your thoughts known. Mr. Plotkin: Mr. Plummer, you are not indicating that my appearance here today is inappropriate? Mr. Plummer: No Sir. I am indicating your last statement that in the future the people of the City of Miami be asked for input. We have begged you people to come forth. Mr. Plotkin: I want to explain that statement because I don't think you understand it, in the sense that I am making it. I am saying that Mr. Andrews referred to an independent study that he made along with 9 other people. A total of 9 people went out and checked lots in the City of Miami and got readings so that they could come up with these various amendments. Mr. Plummer: Sir, that was not to the original thing. This was an amendment to reduce. This is an entirely different ball game. Mr. Plotkin: I know that Sir, but what I am saying is that in the future, is it possible or advisable that in the policy formulation stage. In other words, in the recommendatory state, that there be some citizen input so that we could work with the administration. Mr. Plummer: By your being Sir is the indication that we welcome the input from the people of the City of Miami. Mrs. Gordon: Will you put your address into the record Mr. Plotkin? You named your name but not your address. Mr. Plotkin: My property address is at 6970 S. W. 4th Street in the City of Miami. I maintain an office there and I own property along with others at that location. Mrs. Gordon: This is where you could be contacted. Is that right? Mayor Ferre: How many more speakers do we have on this matter? 2-speakers. We have already been on this thing well over 45 minutes going to an hour. I am going to limit you to just a few minutes and lets unless you have something new to say. Mr. Soloway: My name is Henry Soloway, I am a property owner in the City of Miami. I understand this is a safety measure required to reduce the crime with lights. Now I hear that there is amendments coming up to fence off the parking lot that is not being used after dark. 28 ' NOV 211973 Mayor Ferre: No no no, only if you don't want to light it. Mr. Soloway: If you don't want to light it, put a chain accross there. Don't forget to tell the City to put up a sign " No crimes permitted in this area after dark because we don't have any lights on there". That is what you are saying Mr.;Mayor. Mayor Ferre: No, what we are sayingis that some of thesecrimes have been committed when people go to their automobiles to getin them and leave. Mr. Soloway: Not necessarily. Mayor Ferre: Not necessarily. Of course not necessarily but there have been some that have been committed that way. All we are saying is, you property owner, you have to either light your lots or put up a chain so the parking lot will not be used after dark. There is no guarantee obviously that a rape or a crime won't be committed. There are no such guarantees in life. That is redundant. Get to your point. Mr. Soloway: Mr. Mayor, you can take a women off the sidewalk and drag her into an unlighted parking lot that you are claiming has to be lit up. Mayor Ferre: Get to your point. Mr. SOloway: The point is, you cannot say, this parking lot must be lit and this one must not be lit. They should all be lit. If a parking lot it is a parking lot, a vacant lot that you want lit they all must be lit. Mayor Ferre: You are saying they should all be lit? Mr. Soloway: Yes Sir. If that is your law, we want them all lit. Mayor Ferre: I understand. One more speakers, all right two more speakers. I am not going to recognize anybody else unless you raise your hands. We have 2 more speakers. Mr. Mansfield: Mr. Mayor, my name is Joe Mansfield.101 N. E. 78th Street. I own a couple of apartment houses out there and also am an officer in the Greater Miami Apartment House Association. I wasn't going to speak until Mr. Plummer mentioned the fact that he wanted to hear from citizens. I am going to take my own case and extend it to the thousands of apartment house owners in this City that this would apply to. I have 2, 4-unit buildings with a vacant lot in the middle. It would require an installation of 2 lights out there at a cost of $900.00 a piece or $1,800. The interest on the borrowed money would be $180.00 per year and they will depreciate $90.00 a year and a replacement of at least one bulb a year which cost $350.00 apiece. • Mr. Plummer: What kind of bulbs are you using Sir? Mr. Mansfield: What the city requires. Mr. Plummer: What kind of bulbs do we require? Mr. Andrews : We don't have requirements on any bulbs. Mr. Plummer: I replace bulbs all day long in the sodium vapor lights on my property for $9.83. I am using a 500 watt mercury vapor. Mr. Mansfield: All I can Mr. Plummer: Well want a know. Where is Mr. Cook? that cost $359.00? That's the fixture and everything. do is take the electricians figure Commissioner. minute. If you have a point there, I want to Warren come here. Do you know of any bulbs Mr. Mansfield: The fixture is the bulb, isn't it sir? 9 cz! 1973 • • Mr. Cook: No Sir. You don't have to replace the fixture when you replace the bulb. Mr. Plummer: Your figures are way off sir. Mt. Mansfield: Well let me go ahead. Mr. Plummer: Well if your figures are correct, go ahead but if they are as far off as that - Mr. Mansfield: I am assuming they are and you are assuming they are not. Mr. Plummer: No Sir. Mayor Ferre: There are a lot of other people waiting here so will you come to your point. Mr. Mansfield: Mr. Mayor, I was interrupted. Mayor Ferre: Go ahead Sir. Mr. Mansfield: I fugure the cost of this maintenance and of this install- ation on these two will be $740.00 a year is going to cost each one of my tenants $7.00 a month. I have $100.00 a month tenants. I see no need for it and I can call your attention to the various energy trouble. I personally would rather do without lights than to have my apartment bound up for 2 or 3 hours 1 day a week. I don't discuss Florida Power F Light figures and the other people on energy figures we can't trust because they have been wrong. I ask you either to repeal the ordinance or a moratorium until after this energy crisis is over. Thank you. Mayor Ferre: One more speaker, yes sir. Mr. Calay: My name is Calay. I did not come down here to address myself to this matter but with your forebearance. My first name is Joseph T. Calay, 2985 Aviation Avenue. We have heard many comments today about lighting stopping crime and lighting moving crimes from the area where they are, to where there are no lights. If I am a criminal, I am going to make my living someplace. If I have to do it in the daytime because the night is lit up, I will do it. The important thing about crime #1 is the prevention of crime. Once the crime has been committed, if the offender has not been apprehended at the time of the crime, the next essential item in a court of law and I went through it very recently myself is that the one that has been damaged must be able to testify under oath that that person right there is the one who did it. Specifically that individual and no one else on the face of the earth. I must say that under oath and if lighting will give you the opportunity to identify that person. I was held up on armed robbery on Dixie Highway and 2nd Avenue. There was insufficient lighting for me to identify that man. I could not accuse someone of armed robbery after he shot at me twice later on, and that man after he had attempted his deadly assault on me and on my body have someone I was not definigely sure of was the man who did it and lighting will give the victim and the victim is the most important one, the opportunity to, in his good conscience, identify that person. Mayor Ferre: Okay, thank you very much. Dr.Sheppard, if you have to speak, that's fine but if you can restrain yourself, I would rbe very very grateful because we are an hour and a half behind schedule. Dr. Ben Sheppard: One minute. First as Acting Medical Examiner in Dade County, 53 to 56 in charge of the County Jail and I want to go on record as favoring lighting of every possible area because during those 3 years, while I was the medical examiner, I visited every capital crime in Dade County and I know what I am talking about. Lighting is essential. Mayor Ferre: Thank you Dr. Slieppard, that took less than a minute. We owe you 45 seconds. All right now, I think we have heard the same testimony on this and I think we are ready to - Mr. Andrews did you want to say anything else? 30 NOV 211973 Mr. Andrews: The only thing I want to say Mr. Mayor and members of the Commission. If you concur with generally what has been presented in this memorandum, all you have to do is pass a motion at this stage and then we will begin preparation for the public hearing. Mayor Ferre: You want a motion that would then set the stage for a public hearing? If I had known that, we could have cut this thing off as hour ago. We are going to have a public hearing anyway. Is there a motion for a public hearing. Rev. Gibson: I move. Mr. Reboso: Second. Mayor Ferre: Call the roll please. Mrs. Gordon: I have to ask a question.. Since we had deferred the implementation until this day, don't we need to continue that until the public hearing? Mr. Andrews: Yes. The Commission has a choice. We can present this to the Commission and we can adopt it at one meeting on an emergency basis if you wish considering that this was a public hearing that we held here. Mrs. Gordon: I think some of the recommendations you have made are a little vague. I think they need to be re -worked and modified and maybe a citizens committee to work with you on it would be a good idea. Mayor Ferre: I want to tell all of you ladies and gentlemen that have been here to speak on this item so you won't get angry with me on that occasion. At that public hearing, I am going to limit the speakers time. Otherwise we will be here for 2 hours and I am going to ask you. I have the right to enforce it but I am not going to do that. I am going to ask you to limit your talk mainly to things that are new that have not been stated at this hearing today in the interest of moving this thing. Unidentified Man: This thing was advertised as a public hearing today. I don't understand the necessity for further public hearing. Mr. Andrews: We can prepare the information then and have it ready at the next Commission Meeting for a final vote on an emergency basis. Mayor Ferre: That is why you got me confused because I thought this was a public hearing. Mr. Plummer: That is right. Mr. Andrews: We wanted to give the public every every bit of concern in expressing themselves in ordinance. We thought it was that important and publicity in reference to it. Mayor Ferre: This was a public hearing? Mr. Andrews: Yes. Mayor Ferre: Then at this point what we need this or not adopting it and then preparing it i will, even though its not a public hearing, gentlemen that want to speak on the matter at Mr. Andrews: Mr. Plummer: Mrs. Gordon: December 13th. That is for final adoption. With whatever modifications. benefit of doubt and reference to this there has been so much is a motion either adopting in final form at which time recognize the ladies and that time. 31 NOV !1 1973 Mayor Ferre: With the modifications that will be made and 1 say right now that the chair will recognize speakers at that tine even though we don't necessarily have to do it, but we will. M. Gordon: May I ask you, Mr. Andrews, if you'll call upon some of the citizens who have volunteered their time in the modifications that might need to be made. If you'll call upon them, they stated their own names and addresses in the records. Mayor Ferre: I think that's a good suggestion. Rev. Gibson: I move (inaudible) Mayor Ferre: There's a motion made. Rev. Gibson: I move it for another time. Mayor Ferre: And there's a. second. Is there any further discussion on this item? On first reading, go ahead. Mr. Ongie: Mr. Reboso - Mr. Plummer: No, Mr. Mayor, I'm sorry. You can't do it. You cannot do it we do not have the legal draft in our hands. You'll have to make it a matter of policy and then this afternoon, after the Law Department gets on it - Mayor Ferre: As a matter of policy, the motion is a matter of policy with a second. This afternoon we'll vote on the draft, persay, on first hearing. The new state law requires that you have to have it drafted legally, that's a new state law. Rev. Gibson: I move it as a matter of policy. Mr. Plummer: Mr. Mayor, is it your intention that this is first reading? Mayor Ferre: Yes, sir. Mr. Plummer: Okay. Mr. Lloyd: I'm telling you - no, this was not - no, I apologize to the Mayor and the Commission if that was the understanding. Mayor Ferre: John, let's get to the point. Mr. Lloyd: My understanding was that the motion was simply to instruct the Manager and the City Attorney to get together and draw up an ordinance to be presented to the Commission at the next meeting for emergency passage. Mayor Ferre: I understand. So, instead of reading it once now, we're going to read it twice on the 13th. All right. Everybody clear on the way we're doing this? Now, you modify your motions accordingly. Rev. Gibson: That's the sense of my motion. Mayor Ferre: All right. We have a motion and a second. Any further discussion - we all understand what we're voting on. Call the roll. Mr. Ongie: Mr. Reboso. Mr. Reboso: Yes. Mr, Ongie: Reverend Gibson. Rev. Gibson: Yes. 32 NOV 211973 Mr. Ongie: Mrs. Gordont Mr. Ongie: Mr. Plummer: Mrs Ongie: Mrs. Goon. Yes. Mr. Plummer. Yes Mayor Ferre. Mayor Ferre: I vote yes. Now, with my apologies to those who have waited so long, let's take up Item #15. Mrs. Gordon: Mayor Ferre: Mrs. Gordon: meeting, exte stands on the Mayor Ferre: Mrs. Gordon: Mayor Ferre: Rev. Gibson: Mayor Ferre: please. Mr. Ongie: No, Mr. Mayor. You need a second motion, remember? You're right. Go ahead, Mrs. Gordon. Spending the time, repeating the motion we made at the last nding it until today as far as policing this ordinance as it books. Through the 13th. of December? Yes, through the 13th. There's a motion. Is there a second? I second. There's a second. Any further discussion? Call the roll, Reverend Gibson. Rev. Gibson: Yes. Mr. Ongie: Mrs. Gordon. Mrs. Gordon: Yes. Mr. Ongie: Mr. Plummer. Mr. Plummer: Yes. Mr. Ongie: Mr. Reboso: Mr. Ongie: Mayor Ferre: Mr. Reboso. Yes. Mayor Ferre. I vote yes. Now, we're on the 11:00 items. Item #15. Mrs. Gordon: I address myself to Mr. Plotkin. Would you be available to ou Manager if he calls a meeting of interested citizens, would you let him know NOV 211973 33 11, VARIANCE REPLATTING OF LOT 1 - THE SILVERSTEIN SUBDIVISION" Mayor Ferre; All right. Item #15, yea sir, and we're an hour and a half late so I would be very grateful if you would make your presentations as quickly as you can. This matter was voted on 63, recommended variance with one objector, the Planning Department recommended denial. Are there any objectors present on Item #15? Before we continue, I would like to rec- ognize the presence of Mr. Rudolph Ramirez who is a new member of the governing board of Jackson Memorial Hospital Complex. All right. The Chair recognizes you, sir. Murray Silverstein: My name is Murray Silverstein. I reside at 1765 S. W. 24th. Avenue, Miami. I have two adjoining houses, joined by a utility room 10' long and 5' wide. I want to remove the utility room in order to effect a complete separation of both houses, in order to sell off one of the houses. In doing so, I find by variance regulations that we are short about 200 sq. feet. These houses have existed for about 30 years and they are CBS homes, equipped with its own sewers, electricity, meters, and requires no con- struction of any kind - just destruction. Mrs. Gordon: May I ask the department to speak to this, please. Mr. George Acton, Director of the Planning Department: Our recommendation i= based on the fact that we could find no hardships - a self-created hardship. Division of property. Mrs. Gordon: Will it affect the neighborhood adversely? Mr. Acton: No. Mr. Plummer: Are there any objectors? Mayor Ferre: Any objectors present? Mr. Plummer: You say it will not hurt the neighborhood? Fine. I'll move it, Mr. Mayor. Mayor Ferre: There's a motion on the floor. Is there a second. Mrs. Gordon: Second. Mayor Ferre: Any further discussion? Call the roll. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-928 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 11 (1), TO PERMIT REPLATTING OF LOT 1, "THE SILVERSTEIN SUBDIVISION" Tentative Plat #890, LOCATED AT 2390 S.W. 17th. TERRACE, WITH LOT AREA OF 5,738 SQUARE FEET (6,000 SQUARE FEET REQUIRED), SITE ZONED R-1 (ONE FAMILY) DISTRICT. (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 adop ted by the following vote - AYES: Messrs. Plummer, Reboot), Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 34 NOV 211 12. VARIANCE - LOTS 184 19 AND 20. BLOCKJ2S M1 ML B-41 Mayor Ferre: Take up Item #16; 501 S.W. lst. Street. Zoning Department 9- 0 recommended variance; Planning Department recommended denial. Set back 4'; 10' required subject to righta-of+-way dedication. Mr. Frank Chopin: My name is Frank Chopin. I'm an attorney with the firm of Chopin and Chopin. I represent the owner. The matter was brought up at the Planning Board that this is not really a request for a variance on the 10' set -back but that under the definition that's in the code, there's a 5' set -back existing and what we're asking for is a variance of a 1' var- iance to set back 4' instead of 5'. I think the Planning Board accepted that in definition so clear, it was never questioned by any of the people from the City of Miami. What we want to do here is build an addition --- Mr. Plummer: Whoa - Mr. Simpson, will you address yourself to that, sir. It makes a big difference from 4' to 1'. Mr. David Simpson, Director of the Planning Board: Its interpretation of what is the front of this odd parcel of land and the way the lot is platted - we're talking about lot #19, a portion of lot #19 and lot #18. It was the decision of the Zoning Division that they would have to consider the S.W 1st. Street as the front of the lot. Mr. Plummer: Does that make it 1' or 4'? Mr. Simpson: Four feet, as it's written. Mr. Plummer: Is there a gray area as the man brings out? Mr. Simpson: Possibly. In other words, your front set -back in commercial zones is a 10' requirement. The side is 5'. We wrote it up as 10' so there could be no question. Mr. Plummer: I like those yes and no answers, Dave. Are there any object- ions, Mr. Mayor? Mayor Ferre: Any objectors present, please? Mr. Plummer: No objectors present, Mr. Mayor. I'll move for adoption. Mayor Ferre: There's a motion on #16. Is there a second? Is there a second on Item #16? All right, there's a second. Commissioner Reboso. Further discussion? Call the roll. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-929 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XVI, SECTION 4(1) (b), TO PERMIT CONSTRUCTION OF ADDITION TO EXISTING OFFICE BUILD- ING ON LOTS 18, 19 and 20, BLOCK 12S, MIAMI (8-41), LOCATED AT 501 S. W. 1ST, STREET, WITH FRONT SET- BACK OF 4' (10' REQUIRED), SUBJECT TO THE NECESSARY RIGHT-OF-WAY DEDICATION ON LOTS 19 AND 20, SITE ZONED C-4 (GENERAL COMMERCIAL) DISTRICT AND C-1 (LOCAL COMMERCIAL) DISTRICT. (Here follows body of resolution, omitted here and on file in the City Clerk's Office) 35 NOV 21 Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 13, REQUEST FOR CHANGE OF ZONING CLASSIFICATION - LOTS_1. 24 AND 3 LESS SW LY10' _ OF LOT 3. BLOCK 41.1JEW BISCAYNE AMENDED B-16 12145.21MLAILDEEERREILILDELEMBER 13._1973_ Mayor Ferre: This is appeal of the Planning Board decision on 2670 Tiger - tail Avenue. It was voted 9-0, recommended denial for change of zoning classification. Department recommended denial. This is a request to go from R-4 which is medium density to R-C which is residential office. Unidentified Man: Mr. Mayor, we are requesting a postponement. Our attorney for the Condominium Association is in Washington. Mayor Ferre: There's a request for a postponement. Rev. Gibson: I move that - Mr. Plummer: Whoa - wait a minute. How many people here have objections? Mayor Ferre: How many objectors are here on Item #17? Mr. Plummer: How much of a hardship will it be for you to come back on the 13th., sir? If we make it the first item? 9:00 A.M. on the 13th. Mayor Ferre: Wait. Yes, 9:00. He's right. Mr. Plummer: How much of a hardship, sir? I'll second Father Gibson's motion to defer. Mayor Ferre: Motion seconded to postpone till the 13th, at 9:00 A.M. Any further discussion? Call the roll. Mr. Ongie: Mr. Reboso. Mr. Reboso: Yes. Mayor Ferre: Wait a moment - hold on. Stand up and speak into the micro- phone so we can all hear you. Mr. Plummer: A question before the roll call is issued on that. I assume this is Mr. Sikolski. Mr. Sikolski's not present? It doesn't make any difference. It wouldn't kill the item if he's not here, sir. Unidentified Man: It was the mention of a Condominium Association? They are the owners, I presume. Mr. Plummer: It makes no difference. It was requested by them. Okay? Mayor Ferre: All right. Call the roll. UPON UNANIMOUS VOTE OF THE CITY COMMISSION, THE APPLICATION WAS THEREUPON DEFERRED TO THE MEETING OF DECEMBER 13, 1973 36 NOV 21'1973 14. ELEEMOSYNARY USE VILLAGE SOUTH INC. LOTS 1 Neu a,. BLOCK 17. DIXIE HIGHWAY TRACT .(5-24) LOCATED AT BLOCK BOUNDED BY L E. MIAMI PLACE, N. E. MIAMI COURL. N.E. 58 AND 59 STREETS ZONED R-2 AND R-3 Mayor Ferre: This is an appeal of the Planning Board's decision; block bounded by N.E. Miami Place and N.E. Miami Court;. N.B. 58th. and 59th. Street. Planning and Zoning Board - 7-2 - recommended denial for for eleemosynary use. Fire Department recommended denial. Twenty percent objectors. How many are here as objectors? Would you raise your hands, please. There are so many objectors that we're not going to be able to listen to all of the objectors. How many would like to speak? Four. Are you sure? I will not recognize anybody else unless you raise your hands, at this point. Six, as objectors. I will recognize you each for a couple of minutes - or three minutes maximum. If you want to concede your time to somebody else, that's all right but there's - how many did we count now? Six. And three - that's 18. Let's say, 20 minutes of objector's time. Okay? Now, go ahead. Mr. Plummer: Mr. Mayor, I think one other ground rule if we will so state it - I read over the entire transcript of the Zoning Board meeting. Mr. Spaet is an attorney, sir. I will ask you and ask the Mayor to call any- one else out of order as it relates to the speaking of people here this morning. This is before this Commission under one concept. That of Zoning. And any other conversation not relating to zoning is out of order. Now, with those ground rules, Mr. Mayor, I hope you will enforce them. Mayor Ferre: All right. Your name and address for the record, sir. Mr. Hal Spaet: My name is Hal Spaet. I'm a member of the law firm of Pertnoy, Spaet and Greenberg, who are the attornies for Metropolitan Dade County Comprehensive Drug Program. I'm here representing them and I'm also representing the Village South, Incorporated. We're here as of an adverse ruling by the Board, 7-2, as you heard. There are a lot of speakers this morning, proponents and opponents. Mayor Ferre: Wait a minute. I'm sorry. How many proponents are there her today? Oh, my. Well, how many of you want to speak? How many of you wish to be heard? If you don't raise your hands, I will not recognize you. As it relates to zoning and that alone. Five speakers. That's pretty clos to the other side so I will give you the same amount of time. Twenty min- utes on each side. You want to speak then? You have 45 seconds coming fr the other one, so we'll add that to your speaking time. So, each side will have 20 minutes. Now, is that acceptable? I don't want anybody all upset later on that they didn't have time to speak. Twenty minutes speaking time on each side. Go ahead. Mr. Spaet: Mr. Mayor, the only thing I would ask is that I'm going to tr and preface the proponent's statement and I would like some time after they finish, to conclude, if it's at all possible. Your Honor, in keeping with Florida Statute 176.14, we are here, as you, sitting as a board of adjust- ment and I specifically want to read #3 to you: to authorize upon appeal in specific cases such a variance an ordinance as will not be con- trary to the public interest; where only special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so, as justice done. Your Honor, we approach you and the Commission on two bases this morning. One, is that we are an eleemosynary institution at the Village South and on that basis, we are not asking for a variance; we are not king for a change of zoning. We're asking for special exception as anieleemosynary institution. That's number one. Number 2, as an extra basis for this special exception, we come here in a hardship situation which I will be happy to explain to you all. 37 NOV211973 Basically, the situ ion is this. The Legislature, under the Baker Act, The Myers Act, and several other state statutes, have mandated the impli- mentation of community -based facilities. Rehabilitation facilities. Now, federal funds have been invested in this area, close to $8,000,000, based on a contingency of these implementations of community -based facilities. What must be understood here is that what has happened is that the Planning Board has said that since this is a residential drug treatment facility, and that's a misnomer which I'm going to try and specify for you, that it should be zoned under R-4 hospital classification. The implications of this, Mr. Mayor and Members of the Commission, are very grave because the same problem exists in other facilities in this community and what this means is, if you feel, since it's your decision, that these residential programs must be classified as hospitals or clinics, that means that the money that we're talking about that was spent, was wasted. That's #1. Number 2. I've heard a lot of talk about crime today and if we don't have these rehabilitation - these residential rehabilitative facilities - we're not going to try and get to the root of the problem of crime. You're going to hear some objectors who are going to talk about Mr. Gibson's program, excuse me, Village South, and are going to say that there are things that they are doing wrong. As Commissioner Plummer said and I'm glad he said it, the issue is not whether he's doing something wrong or right. The issue is whether there is zoning for this type of facility and I suggest to you, since you're the City Commission, there must be a new classificatioi for this type of facility. There is no present classification. Your Planning Board classification, under R-4 as a hospital, is incorrect. This is not a treatment center; there are no drugs on the premises; this is only a residential facility which, incidentally, fits in to R-2 and R-3 which is what it is now and it's a residential facility that has about 31 people in it who are on work furlough and school furlough and receive no treatment on the premises. So, this is, in our opinion, improperly classified as a hospital - number 1. So then my suggestion to you and what we're asking you here for is to reverse the aecision of your board and to exclude this type of program as an eleemosynary institution until such time as you're able to draw up zoning guidelines that have requirements that each of these programs fulfill so that you'll have a proper zoning classificatio If you deny the request, that means we're going to have to go further and that means that every program in this town is in jeopardy and, ladies and gentlemen, it's not only this town. The United States is watching you on this decision. It's a very important decision and for that reason, I ask you to listen very carefully to both the proponents and the opponents of this matter and I would like to come back at the end and conclude. Mayor Ferre: All right. Here's what I'd like to do now. If the opponents will stand over here and the proponents stand over here, I'm going to rec- ognize one at a time, a proponent and an opponent until we get right down to the end and then I'll recognize Mr. Spaet for the final statement. Mr. Plummer: Mr. Mayor, before you do, I have been following this for some time and Mr. Mayor, I'd just like to ask a few questions to get them on the record, if it meets with your approval. Mr. Spaet, do I understand, sir, that you represent Mr. Matthew Gisson? Mr. Spaet: No sir. I represent Mr. Gisson for the benefit of the com- prehensive drug program. They're the ones whom I represent. Mr. Plummer: All right, sir. Who is the owner of the property? Mr. Spaet: Mr. Gisson. The corporation is - Village South, Inc. Mr. Plummer: Is the owner of the property? Mr. Spaet: Let Mr. Gisson explain, sir. Mr. Gisson: The owner of the property is S.S.S. & T. Enterprises, the leasee of the property is the Village South. 38 Inc.- NOV211973 Mr. Plummer: T Mr. Spaet, do you represent 6.5. , Inc., sir? Mr. Spaet: Mr. Plummer: Mr. Gisson: Mr. Plummer: Mr. Gilson: Mr. Plummer: Mr. Gisson: Mr. Plummer: Mr. Gilson: Mr. Plummer: Mr. Gisson: Mr. Plummer: Mr. Gilson: Mr. Plummer: Mr. Gilson: Mr. Plummer: Mr. Gisson: Mr. Plummer: Mayor Ferrer Mr. Plummer: Mayor Ferre: No, sir. I represent comprehensive drug and the Village South, Inc. as leasee of these programa. All right. Now, Mr. Gisson, you are a member of this cor- poration, sir? Yes. I am its president. You're president of this corporation? Mr. Gilson, on February 21, 1973, did you write a letter or in any way communicate with the Building Department of the City of Miami putting forth five locations that you would like to use this concept in, sir? Yes, I did, sir. For the record, would you like to state or do you want me to - what the answer was? I received a few different answers if I- I'm referring to the letter of February 23, 1973. I'm trying to locate that particular letter. I think it's in a different Then let me put it on the record for you, sir. The answer from the Zoning Division - they told you that in no way could you use this property for the purposes for which you intended that you would have to first get a zoning change, if this was to be the use. Do you recall such a letter, sir? I recall something to that effect but I recall a subsequent letter in which the Zoning Department advised me that the R-2 zoning would be acceptable for use by 5 or less individuals residing as a family, in the R-2 zoning. In the R-3 zoning, that that also would have a use category which would be fine and acceptable to us as a program. Sir, on April 18, 1973, did you receive a notice of violatio A notice of violation? Correct, sir. I don't recall if I received it or not. I did receive - a suit was filed by the State Attorney's office - - I am speaking, sir, of the Zoning Department of the City of Miami - it served you with a notice of violation to stop you operation. No, they didn't. They - I don't recall. If you have it the I'll certainly be glad to - - - Sir, I'm only going on what I was furnished. Mr. Ferencik, do you verify the fact that you gave us in a memo. I'll tell you, I didn't know we had our own Perry Mason in City. Mr. Mayor, unfortunately, I've been following this for four months. Fortunately, I would say. 39 NOV 211973 Mr. Robert FerencikSirector of the Building lillartmentt We issued a notic of violation to Mr. Gisson on April 18, 1973. Mr. Plummer: Mr. Ferencik, did you indicate to me, sir. that you had told this man that in no way could he use this premises for the operation intended? Mr. 'erencik: He was advised that, in February. Mr. Plummer: Now, what is the point that he's bringing up about the use of R-2 and F-3? Mr. Ferencik: They moved in to the premises without any approval or auth- ority and there was a considerable ammount of problem and conversation back and forth between the Department - this wa= verbally - and this gentleman, between the zoning enforcement officers. Mr. Plummer: Did he ever get a .111. OM ONO Mr. Ferencik: He was advised, because I'm sure this is true, and he would have been advised, that up to 5 unrelated people can legally occupy a single-family residence. And, if he could contain his operation within that limitation to 5 people within a single family residence, that such an operation as this cowl- be carried on, in a R-2 - - - Mr. Plummer: What was the notice of violation for? Mr. Ferencik: The investigation on the part of the field inspector indicat`. that they were not operating within the limits of the ordi- nance and they noticed them to terminate the operation. Mr. Plummer: And what did they do, sir? Mr. Ferencik: They did not terminate the operation and we filed an action the Metro Court, in consort with some of the citizens in th area and the State Attorney filed an action in the Metro Court. The outcome of which is pending the outcome of this hearing. They were then given an opportunity to exhaust th administrative release and attempt to attain zoning clearan for their operation and the action, as far as the courts ar concerned, won't be continued until this hearing comes to a definitive conclusion. Mr. Plummer: In other words, Mr. Ferencik, what you're telling me is, wh such a situation occurs, that is detrimental to a neighbor- hood, that people can drag these things out unmercifully - is really what you're telling me. Mr. Ferencik: They can and do. Mr. Plummer: We're going to put a stop to that if there's a way to it. Mr. Spaet, the reason for my question, sir, you know, you being a lawyer, know that you must come into court with cle hands. I have mace it a point, sir, on at least a dozen or more, conservatively speaking, occasions, to drive by thes premises anywhere,from 7:00 in the evening till midnight. Now, Mr. Spaet, I don't live in that neighborhood, but I h to be very truthful with you, sir. I wouldn't want to. S of the things that I have personally observed, I cannot sa are of the true concept of what is a drug rehabilitation center. For the record, let's make it very, very clear, a Dr. Ben Shepard is here, who I fought very hard for, to ge his program as well as every drug program into existence* 40 NOV 21 Mr. Spaet: I the you should be well awarshat this Commission went on record some two months ago with the very man who's going to testify for you, that we asked him- was it Osmond House, as I recall - to move this out of an R-2 area into an R-4 area where it would be more conducive. And, I will tell you, for one, sir, that I don't think any special type of classi- fication is needed. This City abounds with R-4 cIassificatio which Mr. Gilson could have just as easily found an area in R-4 to conduct hisprogram as he did in this particular neighborhood. For the benefit of the other Commissioners whc have not been, this little area and when I say little area, because it is isolated; it is isolated to the effect of the streets that surround the area; there is an alley that runs back by the swimming pool; there is complete exposure to the street, and if the rest of this Commission has not afforded itself the opportunity of going by and looking at this oper- ation, I really don't feel that we can vote properly on it today. I have seen it. I will tell you that if you find a parcel of R-4 property, I'll fight to get you funds to get that in existence. But, I will tell you likewise, Mr. Gissol and Mr. Spaet, that I will fight you in the location in which you exist today. May I respond to your statement, sir? I can only refer you to your earlier statement which was so true. This is a zoning hearing. Whether Mr. Gisson operates this program correctly or not, is something to be taken up before the appropriate bodies, but the question here, sir, is not wheth Mr. Gisson's program, as you've driven by there, is messy or not - not whether things are done correctly or not - but whether or not the program can exist in the type of zoning you're talking about. We have looked. You talk about R-4. I have a letter from your City Manager stating that they hav looked in their city areas for this type of facility and the can't find it. Mr. Gisson has told me he's looked everywher and he can't. The problem is if every one of these groups are good operating or poor operating, are required to be R-4, zoning, we've got some serious problems. And, I'm telling crime -wise, we've got serious problems. Mr. Plummer: I don't disagree, sir, except to the point, I was speaking to Zoning. This man came to our Building Department,asked • one of five locations was agreeable - he was told no. Now, that is a violation of the zoning ordinance, sir. He was further served a notice of violation on the 18th. of April. He didn't stop. That is a zoning violation. Furthermore, a re -check on May 18th., he was served with another violati notice. He didn't stop. That is a coning violation, Mr. Spaet. Mr. Spaet: Yes, sir, but as you also know, the unclean hands doctrine extends but as you also know, we are forced to exhaust our administrative remedies and by State Statute, the case over there is stayed until this matter is concluded. Mx. Plummer: Mr. Spaet, we can argue sematics back and forth, but what I saying is, he was told from the very beginning that he cou not operate and he did. That's what I'm saying. Mr. Gilson: Sir, if I might respond. The letter of February 23, 1973, last paragraph: Please contact Mr. David Simpson, should y elect to petition for a zoning change. on the subject prop- erty. Our very request, not for a zoning change but for a special use, was upon the advice of your own City employee They advised me not to ask for a zoning change, to ask for 41 NOV 211973 Mr. Plummer: Mr. Gilson: Mr. Plummer: Mr. Gilson: Unidentified Person: Mayor Ferre: Mr. Gisson: Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mr. Gisson: Mr. Plummer: Mr. Gisson: (uncii►r) use, which I did. Lets go one step furthers if I may, because we're reading some letters but we're not reading all letters. Mr. Gilson, t would like to take it a point at a time, sir. You were instructed that you could not move this operation into that premises. If you wished to elect to try to get a zoning change, and comply, then you could. Not move in and then try to get the zoning. That's what you did, sir. In the interum, I was thrust upon some 40 youngsters without a place to live. Mr. Gilson, let me tell you- - WM ale Mr. Plummer, may I have the opportunity of completing a sentence? Forty youngsters who had no place to live and wou1 have hit the streets and then Mr. Garmire would appear befor= you this afternoon and tell you about some more crime. Be- cause of that hardship, we moved in but we moved in under th edicts of the March 20, 1973 letter from the Building Depart ment in which I was advised that those properties could be used for specific purposses which we did. We used it. We used the R-2 for 5 unrelated adults, living together as a family. Out of order. Now, wait a moment. The only one who can say that is the Chairman and I haven't said it. He's got a right to talk. You can respond later. We moved in under an ( ? ) permission. They said you can use it for these purposes which we did, but we come to you today on a bigger matter. And the bigger matter is the whole issue of zoning of pro- grams. That is before you today, not a specific one. - a shadow of authority and Mr. Gisson, we've already taken up 25 minutes of time. I know it's a very important subject. I don't mean to cut yo off. Mr. Mayor, let's get one point very clear to Mr. Gisson. And then we're going to let everybody speak. And that, very simply, is this. Mr. Gisson, I have just talked with Mr. Ferencik and unless you show me a letter to the contrary, sir, he never told you that you could operate your program. He quoted to you, sir, the regulations as th pertain to the R-2 - that 5 people unrelated could live the but no way did he indicate to you that you could run a pro- gram. Sir, I say that we are operating under those conditions. Well, Mr. Gisson, you live there and I don't, but I want t conclude, Mr. Mayor, by bringing one point very clear to the forefront. You know, Mr. Gisson, in the same way that you have a hardship, sir, there are neighbors there and th have a hardship. These neighbors came to me some three months ago, pleading relief, and I went to the Building De partment and asked what could be done because this Commis - ion has been very great in compromise. But, obviously, nothing was done. That's not true, sir. 4re been looking for an alternat NOV 21197a Mr. Plummer: Mr. Gisson: Mr. Plummer: facial, to move the program site that item came up. And. number two, 1 have asked the City Manager if he know of any City facilities that might be available. The answer was in the negative. This City does not provide programs on city -owned property. That's not true either, if I might say, Commissioner. It just isn't true. This City has gone on record of providing facilities to non-profit organizations for the use by them for a semi or quasi -public use. which we are. The County has done likewise. Mr. Gisson, all .[ say to you is, sir, and to Mr. Spaet, to whom I originally started to speak to, I don't want anyone to go away from here thinking that J.L. is anti -drug program. That I am not. I fought, if you had been here at federal funding time, very hard, sir, to get federal funds and if yot come here next year and you show me that your program is a good program, I'll fight for you. But all I'm saying is --- that this, to me, is an undue hardship to the neighborhood. Mayor Ferre: I think we've heard some statements here. Let's give every- body a chance. I'm going to recognize you for two minutes. Mr. Bill Sitowsky: If I may, Mr. Ferre, My name is Bill Sitowsky and I'm representing several of the home owners in the area and rather than speak in the beginning and at the end, I'd rathe just reserve my comment for the end. Mayor Ferre: All right, Mr. Sitowsky, I'll recognize you to close up your side of it. Next speaker. Annette Eisenberg: I'm Annette Eisenberg, NDP Chairman and also Co-Chairma of the Parks for People Program in our area. I don't know what all the discussion is because if Mr. Gisson had, before he started the center, would have checked the master plan, he would have known that it was an NDP renewal area plus the fact that this land is being considered for a park. It was approved by the committee. Now, Mr. Gisson has told us that he will gladly sell us back the land for the park but he wants us to let him stay there until such a time, that is u to the Commission and the residents. But Mr. Gisson well knew that it was going to be a park. He should have inves- tigated before he invested $83,000 in the property - $11,00 of which came out of his pocket and First Federal Savings holds the mortgage of $72,500. Now, on the zoning matter, we have more drug rehabilitation area or centers in our are than anybody else. Just a block down the street is Spectr House. At 67th. Street and Miami Avenue is Spectrum House. We have heard of approximately a half million dollars in la being used for rehabilitation centers. Now, I hope that th Commission considers this. If a park is scheduled for Park Mayor Ferre: Thank you, Mrs. Eisenberg. Proponent? Rev. Fred Harrison: My name is Reverend Fred Harrison, Executive Director of Spectrum Programs. I'd like to speak to the issue of zoning and remind this Commission of the history of zone selection for theraputic communities which goes back to on year and one month ago. Excuse me, four years and one mon ago. Four years ago I went to the Zoning Department and s I wanted to open a theraputic community. What's a therapu community? I tried to describe it. It is true there is n 43 NOV 211973 clas ication for a theraputiclemmunity and it was agreed that R-3 - R-3 0:: R-4 would be satisfactory. On the basis of this guidance and recommendation from the Zoning Depart- ment, Spectrum has bought its property in R-3 and has ad- vised every program in the past 4 years that R-3 was alright, based upon our experience with Zoning. Now, when you come up with a new zoning of R-4, you are putting every program, not only in the drug rehabilitation business in jeopardy; in alcholism, the care of retarded children and everything else in the Half -Way House because these are not hospital facilities. So, you should keep in mind the history of 4 years ago, of the precedent that was established by zoning of R-3 as a satisfactory zoning for this type of operation. Mr. Plummer: I concur with you as long as it's an R-3 with a conditional use. That means that some neighborhoods are conducive to it and others are not. That's the difference. Let me tell you what we're talking about. Some neighborhoods are vacant. They're adjacent to parks - they're fully opened - they're full of open space and others are so blasted crammed up that they couldn't take another thing into it. So, if you're talking about an R-3 or even an R-2, I would be agreeable to with a conditional use that this Commission must approve the locale - I'm all for it - but if you're talking about general permitted use in R-3, no, sir. I'm against it. Rev. Harrison: Let me make clear. I meant to make the history clear. It was on the guidance of the Zoning Department that we have purchased all property as R-3. Now, for conditional use in all of these things, yes. There must come a time when we must have some recommendations and some zoning regulations of this type. But in the meantime, don't knock every pro- gram out of the box - right across the board by a decision today with the Village South. Mr. Plummer: Father, what I'm saying is don't make me a zoning board - make me a zoning board - don't make me a pardoning board. Don't come here after you've been told not to do something and ask me to approve it. That's what I'm saying. Rev. Natni.son: Speaking to the Lassie oS zoning. That is ano.then. .issue. Mr. Plummer: No, I disagree with you. I disagree. The violation is there, Father. Rev. Harrison: A zoning violation? Mr. Plummer: No question. A zoning violation. This man was issued two notices. Now, he was told he couldn't operate there. He did it. Now he is asking us to approve it. THat is what in fact we are doing. That is the zoning. Rev. Harrison: I am trying also to correct your statement on the record that R-4 is the zoning. I am saying that R-3is a satisfactory zoning. Mr. Plummer: With a conditional use, I would be all in favor of it. Mayor Ferre: All right, lets hear one of the opponents now. Any opponent wants to be heard? Go ahead Sir. The chair recognizes you for 2 minutes. Mr. Baker: My name is Charles Baker, I live at 245 N.E. 59 St. I am here to voice my objection to Village South Inc. by being perm- anently located on their present campsite. I disagree with the attorney and the owner in the definition of terms and they violated the rules laid down by Commissioner Plummer - I believe it was, who was speaking on the subject of crime and not zoning. 44 NOV 2119 • One of the things I would like to say but I am going to abide by the rules. I wish to say that I do not agree that what they propose to do is a residential project. It's an institutional project in my humble opinion and as far as the zoning is concerned, I don't know too much about it but I do know that it is already a congested area and the streets are hardly more than a cowpath. Two cars Gant pass or meet safely on those streets, especially Miami Court and Miami Place. We are breathing down each other's throats now and if they are permitted to erect modern structures, it would create a greater congestion than we have now. Thank you very mu:h. Mayor Ferre: Thank you Sir. D7. Sheppard? Dr. Sheppard: Ben Sheppard, 1265 W. Flagler, Catholic Service Bureau. I think I go along with what Father Harrison says. I think it is to the benefit and I think its beautiful that all the programs want to locate in the City of Miami. It reflects the benevolence of the City Commission and I think you ought to be congratulated but I do think that we need some clarification. I had to move and buy a new house for Osnam house, I had to buy one over on S. W. 6th Street and when I say I, I am speaking about the Archdiocese. We had to move. I think that personal exceptions can be made in view of circumstances and I feel perhaps that the Commission would set down some guidelines as to future therapeutic centers establishing within the area of the City of Miami. I don't know how St. Lukes is zoned. I think it is R-3 with special because its an entire city block. I hope that I am within zoning rights or else I would have to burn the building down. I feel for the people in the place and we have to have some guidelines and we have to have some consideration along those lines. Mayor Ferre: All right Dr. Sheppard. An opponent - Mr. Petee: My name is Ed. Petee, 5706 N. W. 2nd Avenue. In Edison Park. I am a substantial property owner in Edison Park. 0f course, Edison Park, is well known as a high crime area which makes my heart bleed when I hear the attorney tell me about all these kids he is bringing into the area. I think this is awful poor exposure for these poor kids. Of course, on the other hand, I think it rather terrible exposure for these old time citizens that have been owning their homes there for many many years to crowd in a group of 80, 90 or 100. Edison Park too, I don't feel needs a multiple drug rehab center. I don't know why we should attract all these centers. In my mind, this neighborhood of course, referring to this particular plot is in no way adaptable to this use. I wonder if Dr. Sheppard has looked at this property. I wonder if Father Harrison haslooked at this property. Is it a proper place for a rehab center? I think a little common sense is needed here and as Mr. Plummer has very well brought out, this is certainly no place for a rehab center. At the last meeting of this Commission, we reviewed the terrible local conditions, garbage, noise, rowdyism, with no concern for others. I say, let us go forward on this very very carefully. Thank you. Mayor Ferre: Thank you SIr. Yes Ma'am. Ms. Sloat: My name is Linda Sloat, Regional Coordinator for the State of Florida Drug Abuse Program of the Department of Health and Rehabilitation. In this capacity, I am here today to speak in behalf of the Village South Inc. and their request for approval of their application for special use of the facility they occupy at 5825 N; E. Miami Place. I would like to begin by reading into the record if I may, a letter from the Tallahassee State Office of the Florida Drug Abuse Program addressed to me from Charles L. Durbin Jr., Coordinator`of licensing and violations in reference to Village SOuth at the same address. "The above program is licensed according to Chapter 3 -97 and meets all minimum standards as set forth in 1973 standards manual for date centers", that is drug abuse treatment and education programs. They hold license number 089 which was issued April 19, 1973. To .the best of my knowledge, this program is beneficial to client rehabilitation and additionally, they have eliminated any potential or existing health or safety hazards at the facility. If any addit- ional information is needed, please let me know". 45 NOV 211913 • i The State of Florida licensed the Village to run a residential therapeutic community in that facility on April 16 of this year. Such licensing was based on full compliance with all rules and regulations of the State Drug Abuse Program. These regulations and the evaluation of the programs compliance include both the physical facility and the clinical treatment of the clients as well as the qualification of its administrative and clinical staff. Dade County and the City of Miami are indeed fortunate to have programs such as the Village and other residential treatment centers for the care and rehabilitation of our citizens. Programs such as the Village have brought much acclaim to the Miami area and all efforts should be made to aid rather than to hinder their assistance. In order for these centers to maintain a family style atmosphere, and provide for their clients a realistic possibility for re-entering the community, experience has shown they must and should be located in a predominantly residential neighborhood as opposed to isolated areas in the County as has been suggested by some people in the past. The State has licensed 8 such residential centers in Dade County and 3 additional licenses are presently pending. The existing programs account for approximately 250 of all drug abuse clients in residence and approximately 390 clients in the re-entry or graduate stage of treatment. The State Drug Abuse Program realizes the existence of such centers are or inconveniences to residents of the neighborhood. We do however make every effort to acquaint the community with not only the need for such centers but also their style and format of operation. This is done through open houses, speeches to the community organizations and the media and with hearings such as this today. With this type of exposure, many of the unfounded fears of the citizens near the facility can be alleviated. It is my hope that continued community efforts such as these will bring the City of Miami Residents and Drug Abuse treatment residents closer together. If I can answer any questions that any of you have, I will be happy to or provide information and I would request that you vote in favor of the application for special use. Mayor Ferre: Thank you very much. Any other opponents wish to be heard? Olga I am here today ladies and gentlemen = I own a 8-unit building. It is in front of the rehabilitation center. With the children, I have 3 plus other children that :Ave there. That was a favorite spot for them to play. They cannot play there anymore on account of the wierdos and all the things you can see that exist around there. Sometimes you come home from work tired and when you get to your house, you cannot park. They take all the parking spots and you have to walk 3 or 4 blocks, then come back 10 or 11 o'clock in the night to try to see if there is a parking spot to go back. In the last meeting they said they weren't drug addicts. I agree they are not drug addicts, we are the working addicts . We got to put up with too many things. All we are asking for is that favorite spot for the children to play games, the bad language and everything is affecting our jobs andour nerves. The kids used to play and ride the tricycle and when you come home from a hard days work, you send the kids out to play but they are scared to go. You are scared to go out. He said he thought there were about 8 or 900 people living over there but Mr. Gibson said at the last meeting that there was 35. If there is 35, they sure got a lot of visitors. Around the pool where he says, we have a little noise, he was going to soundproof the building. When he said it would be a waste of federal money, the soundproofing of the building, I say it is especially around the pool area. Sometimes around that pool area, it looks like a tourist resort. Another time, all you see is weirdos. We can't tell you what we got to put up with. The garbage smells like dead animals. They eat good. They live good, why should we, the working addicts have to go on a diet. The other day my 11 year old said, hamburger again. My 16 year old said, thats not hamburger, its chicken. I cannot rent my apartments because when they come, and they just take a glance over there, they don't want to see the place. I tried to reduce the people's r.nt. They said, you don't have to reduce the rent, we are leaving. At the last meeting, Mr. Gibson said that there is more than 20% against them. We are not against them. They are just at the wrong place. We appeal to you. If he can get donations to soundproof that place. He said he was using federal money, it was donations, if he can get donations to fix, especially the pool area, and soundproof 46 NOV 21 1973 the house, he can find somewhere else and build somewhere. I can't get no donations nowhere. If I go on a diet of meat and potatoes, you are going to laugh at me. They don't give me donations. They said I am strong and I can work so I got lots more to say but it doesn't come right now so I will say thank you. Ms. Segal: Marion Segal from Here's Help Inc. lets very apparent today that while we are supposed to be discussing zoning that there are a lot of emotions and emotional feelings involved. I think sticking to the issue that in the ever changing times of today, where issues come and go, it comes a time when a city has to look at the needs of its community and its very apparent the therapeutic community is here and in need for rehabilitation is here. These times will not go away. As far as the zoning is concerned, whether it be R-1 or 2 or 3. When we first opened, as far as getting the money and people accepting the need, and that there is a problem, nobody knew where these therapeutic communities belonged. There was no zoning and by saying that it doesn't belong is R-2 or they don't belong in this area, you are merely taking the whole problem and sweeping it under the carpet and I would hope that you people as the leaders of the community, since it is coming before you today, realize that there is a need for rehabilitation in the therapeutic community, that it is here today and deal with that issue and not say, it doesn't belong here, but where it does belong, so we don't have to keep going and just do our job. Mayor Ferre: Thank you very much. I would like to before we come to a conclusion on this, Mr. Andrews, this is a matter that has come before us before and its going to come before us again and I am going to state my opinion in a little while but I think it is really essential that we have an indepth administrative study on this whole matter and come back with some definitive solutions to it and then I think we are going to hold a public hearing. I think what Ms. Segal says speaks right to the heart of the matter. We may not be able to solve it today but for all these rehab locations etc., lets get an in depth study of this and see what the solution is. I don't need a motion to that affect but lets put it on the agenda of things to do. Now we have an opponent. We have now been over a hour. Its 1:30 and I respectfully request both sides to try to wind it up quickly now. Mr. Landren: My name is Albert L. Landren?, 5801 N. E. Miami Place. I live directly accross the street. I feel sorry for these boys and girls that are on this dope and I think they need a place to go but we have 6 such places in my neighborhood. That's enough I think. This one here, the discipline over there is very poor. They go and come on the streets, day and night. They stay up all night. They are supposed to get quiet at 11 o'clock under the ordinance but they stay up all night long driving nails on the walls with hammers. What is wrong with them, I don't know but they are just not the type to live accross the street and keep us folks up all night long. The language they use is something terrible. They say they don't have dope over there but just before the last meeting we had here, I told you, one women started screaming and cursing and using 4 letter words just as fast as she could do it and in a few minutes time, there was 4 of them at the same time, men and women. They made no attempt to get them off the street for our women folks. You should hear the language they use, its just terrible. We need relief. Mayor Ferre: Now a proponent. Mr. Lanken: My name is Charles Lanken, I am the project director for Metropolitan Dade County comprehensive drug program. I really do want to speak to the issue of zoning. I would like to also speak to what the mayor has just spoken about of a comprehensive study into what is necessary for zoning of a residential or rehabilitation center. In San Antonio, Texas, just this past year, the same situation occurred of zoning of rehabilitation facilities. What is really necessary is for the members of the Commission to visit the Village to see that a commode is a commode and that a residential dining room is a dining room, there is nothing different in this facility than in any other housing facility in the neighborhood. This is a human growth and development facility. So is a family facility anywhere in Dade County. - 47 • • I think that the zoning which is required needs to look at the use of the facility. It should not look at the civil rights of an individual to determine whether this person is or is not a human being. They all are. Look at the facility, the use of the facility and not involve yourselves in civil rights. We are not trying to determine whether the Village South is a good program or a bad program. We need to determine, what is a rehabilitation center, what are the requirements of the City and the County to place on these facilities, and then establish the zoning code for these facilities. At this point, that is all I will say. Thank you. Mayor Ferre: Wind this thing up. Its almost 1?30 and then Mr. Spaet we will let you make the final statement. I hope we can wind this up before 2 o'clock. Mr. Sitowsky: My name is Bill Sitowsky, representing several of the property owners neighboring and right accross the street from the Village South Inc. If I may sugtest to the members of the Commission, first of all the neighbors in my discussions with them, do not object to drug rehabilitation centers.. That is not the problem. It is not a principle of opposition. The limited question is whether or not this particular drug rehabilitation center or any drug rehabilitation center should be located in that parcel of property which is indicated up on the wall there. I think the issue that the proponent is trying to present is a false issue. It's a legislative issue. They are trying to project this limited case in the context of, well we have to estab lish the broad rule now. Well that is a legislative decision which I think the Commission should consider and I think the recommendation of Mr. Ferre is certainly in order and I would hope that whatever the results of any study would be would probably, if the proper administrative procedures were .set up, eliminate the kind of problem you are confronted with right now because I suspect and this would have to wait final determination by you, but I suspect that whatever standards you establish will probably eliminate this kind of situation from ever existing. That is in a very confined, tight knit neighborhood suddenly injecting a full city block a drug rehabilitation center which amont other things is rather obviously, poorly run and there is very little control over what is occuring in the immediate neighborhood and the ramifications of the neighborhood and the ramifications to the neighborhood are rather adverse. Now I think the real problem we have here is that the owner, or Village South Inc or whoever the owner operator is, made a rather grave error. That is he started the operation, when he should have known better, when it was contrary to existing regulations and now he is coming and pleading his case having already put himself in the adverse condition in which he now finds himself. It's his own fault and 90% of the presentation by the proponents, no one can quarrel with. It's true. Everything they say is true but they -are ignoring the issue which is whether or not in this immediate locale, it is appropriate to have a drug rehabilitation center. Now I think the records reflect there are a large number of petitions which are a part of the record. I think there were in excess of a hundred signatures of people residing in the immediate neighborhood who opposed the location of this facility there. Very briefly, prior to Village South being in the neighborhood, there was a black white problem and its solved. The people who live in this neighborhood and reside there have lived there for a long long time. One woman who could not be here today but was before the zoning board has lived there since the 1890s. They are elderly people who live here. These are all factors which enter into any judgment of the situation. Since the Village South has established its facility on that property contrary to the existing regulations, the it takes up the whole block. The noise quotient has increased signif- icantly at all hours of day and night. The police are called. The problem is shaped up until the police leave and then the noise or whatever the problem is, repeats. There is a lot of unsanitary conditions with dempsty dumpsters or whatever overflowing. Increased traffic is not only a nuisance by way of noise but also in terms of just dangerous to the immediate residents. 48 NOV 211973 • In any event, Mayor Ferre: Before you do we firmly hope that - Mr. Spaet, a quick closing statement. that, for the record, a Mrs. Mc Clean called up. Mr. Spaet: You know we listened to a lot of testimony on this and we get back to the same thing. Legally, here are your programs. Here is your zoning. I tell you that none of these programs have conditional uses. None of them. To require this program when you haven't required these and to deny this application is to put in jeopardy every single one of these programs because they are zoned the same exact way. They don't have conditional uses. They haven't passed any conditions. They are toned the same way and let me come back on one thing. Mr. Gisson moved into this property and he did so as Commissioner Plummer said against the, without the permission. of Mr. Ferencik or the Planning Board, you know we talk legalistics. He had 40 people in his program for drug addicts who were going on the street if he couldn't move in there. Thats why he moved in there. Now I am sure Commissioner Plummer does not mean to say to me or to all of us today that when one does something like that and they are charged properly and the enforcement authorities are proceeding against them properly, that they don't have the right to review the decision because they violated the law that they don't have the right to appeal. I know he is not saying that and the point that I am making here is that there are implications in this program. Don't consider whether its a good one or a bad one or whether there is trash on the lawn or not, and the fact and what Mrs. Eisenberg said, I concur with except for the fact that Mr. Gisson did know this was going to be/a park when he moved in there. He did not know it. He knows it now. We believe that there is going to be a park there. Please give them a conditional use and allow them to continue until the park goes when I have to move anyway. If you don't do that, they are going to have to be out on the street. Mr. Plummer: Mr. Mayor, he is making something that he is supposing that Mr. Plummer is saying. In no way did Mr. Plummer indicate anything of what you said Mr. Spaet. What I said was and I think it is a matter of record, he just didn't take these 40 people and move in. He took the time to call and ask and was very explicitly told he could not. okay? Mr. Spaet: Let me just say one thing. The reason he took the time. Do you know why he did? Let me tell you how grave the situation was. I made arrangements to move these people into a special facility. I made it personally and temporarily until hefcould find a facility. This all happened I think within a period of 2 weeks so that was the problem so please I am asking you, do not penalize him as an appellate court would not penalize him because he has committed a wrong. He is just exercising his right to review. Mr. Plummer: Okay, just as long as the record is straight. Mr. Spaet: Thank you very much. Mayor Ferre: All right now, with the permission of my fellow Commissioners here, I am going to just make a brief statement and then if anybody else wants to do that, that will be fine and then we can bring this to a vote. Now, I address myself particularly to Ben SHeppard. Is Dr. Ben still here? and Marion Segal. You don't. have to tell me about Marion Segal, I know who Marion Segal is and Marion Segal knows who Maurice Ferre is and Matt to you, all three of you in particular, Hal Spaet, you don't know me that well but Marion knows who I am and you know who I am and Ben Sheppard knows who I am and when I was needed for Here's Help, I was there. Not once but many times and I will be there any time you need me. Okay. Dr. Ben Sheppard has called me at least S0 times during the last couple of years on different matters. I have gone to the extent of volunteering personal property of my family to be used for drug rehab- ilitation. I have bent over backwards on many occasions in giving property to the church for this type of a thing. You know my position with the United Fund. You know who the guy was that went down there and fought when everybody at the United Fund was against drug rehabilitatio I am not saying this for acoladefor Maurice Ferre, I am just for the record clearing up what my performance and record in this community is concerning drug rehabilitation. L am not saying I am the best friend you have but I am saying that 49 NOV21197 I am the best friend you have but I am saying that everytime I have been asked to stand up, I have been there and i have been effective in the times I have been asked to help in the various rehabilitation programs. Let me tell you that in my opinion, there are always in all these matters, two things that have to be weighed. One is the right of the individual and the other is the right of society. Its that simple and unfortunately sometimes we have to put these things on a scale and weigh them. Now in my opinion when zoning regulations were started years ago, there was no such thing as a drug problem, so therefore our laws don't really take that into account which is what you were trying to point out Hal. Now the situation is a reality. I think Mr. Andrews that we in the city administration have been slow to react to a situation which obviously exists. What should have been done or what we ought to do now, is we ought to look at this problem, not because its Spectrum House or Ben Sheppard or Entry or whatever it is or because Father Harrison is involved or Dr. Sheppard. Personalities apart, we have got a problem and a situation which didn't exist before, we have to get into it and we have to have a complete study made. The administration ought to come up with a recommendation for everyone and then we ought to deliberate and set a policy on this Commission. Okay, now I agree with that. On the other side of the problem, we have a series'of citizens who are concerned with the right that they have and they have in my opinion, a constitutional right. We are now beginning to get into an era which has a lot of difficulties ahead of us and that is the questioning of the right of the individual to own private property. Now in my opinion, this country has become what it has become in great part because individuals have had a right to private property. Now these people own homes. Many of them for many many years. The question comes to me, that we have a problem of society and we have also the rights of individuals. Now my opinion is that unless there is no other alternative, or there is no other solution, or there is no other way to solve that particular problem, the rights of the indiv- iduals always are paramount unless the rights of those individuals infringe on the rights of society as a whole and I cannot in all conscience say that even though Matthew is going to be inconvenienced in the wonderful work that he does, and I really want to say the great fantastic dedication that Concept House and all of the other programs and the Village has and the great job that you do, I cannot conclude in my own mind that there are no other solutions and therefore in a case like this that in my mind, the balance has to tip to the rights of the individual who live in that neighborhood and who have the right - who have the right to live as they want, in their neighborhood, without the infringement of somebody coming into their neighborhood and violating what in my opinion, is their rights. They have a right to live in peace. Now let me tell you, this is a problem which this Commission, each one of us has had come before, many many times. Let me give you an example. It was very sad but we had to do it. We have schools for example that are smack in the middle of residential neighborhoods. This has nothing to do with drugs so we can get the emotional aspect out of it, okay. These children for example in the case of one, get there at 7 o'clock in the morning and they have a flag raising ceremony and its a military school and they salute the flag and then when they break up all the kids make all this noise. Here again, to those people who live in that neighborhood have a right to be able to sleep if they want beyond 7 o'clock in the morning and this is what we are always getting into is the right of the individual to live in his home in peace and the rights of society on something that is very much needed. As I said, in my humble opinion, I think in this case since there are alternatives, somewhere, somehow, I think the rights of the individuals who live in the neighborhoods, a residential area, takes precedence and that is my opinion. Mr. Plummer: Mr. Mayor for the record. Mr. Spaet and Mr. Gisson, in no way did you misconstrue any of my statements that your program is bad. You didn't misconstrue anything of that, did you? All right Sir, just for the record, I just wanted you to know and once again, I will reiterate to you Sir, that you are welcome back here at budget time. This year we saw fit to put some funds in drug programs and your program is welcome to be here for some of our federal funds sir. 50 NOV 211973 Mayor Perre: We have a session in 15 minutes so grateful if we could wind this up. Anybody else statement on this? If not, would somebody make a motion. Mr. Plummer: Mr. Mayor, I make a motion that we uphold the Planning Board and the Planning Staff. Mayor Ferre: Is there a second to that motion? Is there a second to the motion of upholding the Planning Staff? Father Gibson seconds the motion. IS there any further discussion? On this matter? Would you read the roll please? Mr. Ongie, Acting City Clerk: Reverend Rev. Gibson: Mr. Ongie: Mrs. Gordon: Yes. Mrs. Gordon? Yes. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mr. Reboso? Mr. Reboso: Yes. Mr. Ongie: Mayor Ferre? Gibson? I would be most want to make a Mayor Ferre: I vote yes. Now Mr. Andrews, how long do you think -it will take you to come up with an in-depth overview and recommendation on this problem? Just take a potshot guess at the timing element involved. Mr. Andrews: 60 days. Mayor Ferre: 60 days and we will expect at that time, either the end of January or the first of February for you to have this before the Commission for its consideration, is that right? Mr. Andrews: That's right. Understand Mr. Mayor and I am not offering excuses or anything but this is really quite an undertaking to analyze this - Mayor Ferre: I recognize that. I am not pressing you. I just want a time, that's all. All right, any further discussion? Yes Ma'am. Unidentified person: Mr. Mayor, I work with Switchboard of Miami and I am starting a runaway house here and a comprehensive drug program and I am hunting for a facility, so now, between now and the next 60 days, what type of zoning do I look for? Mayor Ferre: Just stay awan from R-1 and R-2 is I guess what we are trying to tell you here and what you ought to look for is an R-4 area. Is that right? Mr. Plummer: I would say under these conditions to comply with the law, you would look for R-4. If you can wait the 60 days, I think I have made my thoughts known -that R-3 would be acceptable with a conditional use which means that this Commission would reserve the right in a particular locale to say yes or no. Unidentified person: Okay, thank you. Olga : We just want to know how long before they move, I mean you cou._ gave them 60 days to go. We want them - Mayer Ferre: Ma'am, you don't understand. Let me interrupt you. They have been denied. Do you understand? 51 NOV 211973 • We have upheld what has been said here before. You don't have anything to worry about, okay? Now what we are going to do, is we are going to study to see how we can solve a solution for everybody in the City, okay? Olga: Thank you Mr. Mayor. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-930 A RESOLUTION TO UPHOLD THE RECOMMENDATIONS OF THE PLANNING BOARD AND THE PLANNING DEPARTMENT TO DENY APPLICATION FOR AN ELEEMOSYNARY USE AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36 TO PERMIT THE VILLAGE SOUTH INC., A NON-PROFIT THERAPEUTIC CENTER TO BE ESTABLISHED ON LOTS 1 THRU 8, BLOCK 17 DIXIE HIGHWAY TRACT (5-24), LOCATED ON BLOCK BOUNDED BY N. E. MIAMI PLACE, N. E. MIAMI COURT, N. E. 58 AND 59 STREETS; ZONED R-2 (Two -Family) AND R-3 (Low - Density Multiple) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None LUNCH RECESS: The Commission was in recess from 1:45 P.M. to 2:15 P.M. for lunch. The Commission reconvened at 2:44 P.M. with all members Present. PERSONAL APPEARANCE - MAYOR JACK ORR - PRESENTATION OF PLANS FOR 15 ESTABLISHMENT OF CULTURAL CENTER ON WATSON ISLAND Mayor Ferre: Because of the difficult schedule Mayor orr has, I would with the permission of the Commission with your forebearance, we will take up Item 20 before Item 19 so Mayor Orr. Mayor Orr: Mr. Mayor,and members of the COmmission, if I may. First I have a picture, a replica that hangs in my office to present to you Mr. Mayor from Dade County, of F. D. Roosevelt. Let me say that I am here to discuss with you a cooperative effort to establish in this community, or to plan or look into the possibilities, the establishment in this community of the finest cultural center in the United States. Mayor Ferre, you and I have discussed these possibilities and if I may, discuss the genesis of this idea and plan. When I was running for office, I pledged that I would do whatever I could to see to it that our Metropolitan government established for the first time in this area, a metropolitan art museum. I have talked about that informally since then with numbers of people who have been interested. In this project, and among them were you Mr. Mayor. Sometime later. We thought first of the possibility of locating this museum on the grounds of Vizcaya. Sometime and at no cost to the taxpayers, there was invited down here, a Mr. Phillip Johnson, surely the most talented designer of museums in our country who surveyed, very briefly, the possible locations and the needs of this community with respect to the creation of a fine arts museum. He felt and stated very strongly to us that to locate another function at Vizcaya would be a mistake. That to do that, would be to destroy the natural beauty of that area which all of us enjoy. Let me say that while it is not new to most of you, I am here not simply as the Mayor of Metropolitan Dade County but also as a native born resident of the City of Miami. 52 NOV 211973 and a current resident and taxpayer of the City of Miami. Let me say that I come in the spirit of cooperation with this unit of government and I come as a dedicated advocate of the 2-tier system of local government for our area. The shame in my judgment is that we don't have a 2-tier system throughout the County but I simply say that by way of background to you. At the suggestion of a citizen that I regard as a very forward looking citizen of this County, your Mayor, Mr. Johnson was invited to view the site at Watson Island and although he viewed several other potential sites, I report to you that he was completely enchanted with the possibility, of utilizingWatson Island for this project. At that stage, we were simply talking about the location of a Metropolitan Art Museum. Sometime a couple of weeks ago, as a consequence of prodding others who were interested in this art museum, I invited them to come to the office and discuss this and I thought it appropriate that we also invite Mayor Ferre who graciously came. We discussed while we were there in this informal meeting, initially starting out as an art museum project, the possibility of also seeking the cooperation of those in our community who are interested in our museum of science and who desparately need additional facilities and more room to serve the public that they desire to serve and for whom they have been doing a very fine job over the years. They need help also. We also have in our Decade of Progress Bond Issue a substantial amount of money for the location of a central library. We were just sitting there in a really informal session, and someone suggested that why wouldn't that also be a fine location for the central library. That seemed a novel kind of suggestion and we talked about that informally. We discussed something that I think is of critical importance and one of the reasons I am here today and not waiting for weeks or to go through channels of writing letters and passing resolutions. We have under contract now the company that is doing the preliminary engineering for our rapid transit and while none of the routes have been picked yet, everyone we have seen and every study that has been made suggests that there will be a connection to Miami Beach and that it is suggested that the connection will probably be at the southerly end and will follow the route of the MacArthur Causeway. We then, Mayor Ferre invited me and some others to inspect the plan with Ed. D. Stone Jr. had done at your direction for the development of Watson Island. I had the high privelege of meeting with him and I knew by reputation as the very finest landscape architect in the United States. We looked over the plans that he had made and it seemed to us and while I don't presume to speak for him, Mr. Stone reported to us that it seemed to him that this idea for the development of a fine cultural complex for Dade County within the City of Miami, was entirely compatible with the plan that he had drawn. It would take some re -study and probably some revision and one of the things I would like to encourage you to do since he has already done the ground work here, would be to reopen your contract with him. The County Manager has assured me that we can then contract with you to take care of the financial obligation that would be involved and ask Mr. Stone to study the feasability of the creation of this cultural center. It seems to me that with the City's cooperation withtthe contribution towards the project of that fine piece of property, one of the most visible sites in Miami, that this could be a demonstration to all of the people of the area that these two governments can work harmoniously together to serve all of the people of our area. In all fairness some of the criticisms that have been made of Metropolitan Government in that it has not paid enough attention, it has not expended enough of its funds within the city limits of the City of Miami has been justified. It seems to me that by this sort of project, we could turn this around. We could demonstrate to the people that this 2-tier system is not only feasible but it is the most efficient kind of government and they could see as a consequence of this fine cultural center. I don't represent to you that I come to you with the authority of the government at this juncture. This is still in the very earliest of planning stages and I don't seek from you to make any kind of transfer. What I do earnestly seek of you today is to reopen your contract with Mr. Stone and give us the privelege of making a financial contribution toward that center, with the hope that he will find it feasible, with the hope that thelpeople who are interested 53 NOV 211973 in the creation of an art museum, with the hope that the people who are interested in the expansion of the Museum of Science, with the hope that the people who are interested in a fine new central library would all agree that this is a great site. Now, I know and I trust that none of you will be disuaded by the fact that editorially both newspapers have raised some questions about this. I would suggest to you that I doubt that the writers had all of the information before those editorials were written and I would further suggest to you that this is not totally unique. I would tell you just by way of personal reference. My father in 1926 submitted the Dodge Island Port Plan to the people of Miami. Pressed for the remaining years of his life, which were limited then to only 6, for the location of that port on Dodge Island. I am proud to tell you, in those days it was known as the Orr Plan. In 1950 when your predecessors finally thought it was the place to locate it, there was an editorial that appeared in the morning newspaper the following day, let's not be too percipitous so I hope that you will not be dissuaded from persuing this plan , knowing you personally as I do, I know that it will not be the case but I am prepared to answer any questions and to represent to you that I am bringing this to you right in the beginning before any plans of any nature have been solidified. Thank you for the opportunity to appear. Mayor Ferre: Thank you very much Mayor Orr for I think your very clear presentation on the facts. There was a book that was ,written, several years ago that has become very popular throughout the years and the title is I.m Okay,You're Okay. When I was listening to you saying that you live in the City of Miami, I think I could say that for the first time in our history, you and I as the two Mayor's can say, You are my Mayor, I am your Mayor. This is the type of feeling that in my opinion has permeated everytime that we have a discussion and I am very happy to say that I have been very honored by your very open approach on things. I think that you have expressed an opinion which I think is so essential and was so lacking in this community for so very very long that you do not necessarily have to be pro -metro and you don't have to be necessarily anti -city to be pro -metro and you don't have to be in the reverse anti -city to be pro -metro or anti -metro to be pro -city. I hope that this is a message that we can repeat together often is that we can in effect have in this community an effective 2-tier form of government like Toronto has, , that it does work, that it will work and that we really have to do is try to improve it rather than to destroy either one of the elements of it. I am very happy that with all your approaches to these problems, you are taking that attitude and I think this community is very fortunate indeed to have you as its Mayor. Mayor Orr; If you will indulge me one further moment. I know you have a terribly long agenda. Some years ago, when I was a prosecutor, I studied very carefully the Milton Eisenhower Commission report on the incidence of crime in this country. Among the things that the Commission came out with in their recommendations in terms of the most appropriate form of local government, was a 2-tier system. They incidentally also pointed out in there that the single most important cost of the incidence of crime was poor housing and I would report to you that on that problem, your Metro Commission is hard at work. We are holding a symposium on the 14th of December at which we have invited people but basically I am confident that these governments can work in harmony to bring more efficient service to the people for the tax dollars that they pay. Thank you. Mayor Ferre: Thank you very much Mayor Orr. At this time I would like to call upon before the Commission gets into asking questions, Mr. Edward Durrell Stone who I think is in the audience. Would you address this Commission as to your opinion on this. Mr. Stone: With pleasure Mr. Mayor and Commissioners. At the time we prepared the Watson Island report, you all know we had no knowledge or vision of a community cultural center. In my review at the Mayor's request of the plan and the possibilities for including such facilities as a museum, conceivably a theatre for the performing arts, 54 NOV 211973 possibly a library, I really became very enthused with the idea with a couple of reservations and I will share those with you. I think it is an ideal location for a facility to serve all of Dade County and Miami, Miami Beach and the municipalities most adjacent to it, if in fact there is a Metro stop at Watson Island. I think that would be the only way that I personally would strongly recommend such a location, otherwise I don't think we could accomodate the cars and we would be discriminating against a large section of the population. That would be one strong recommendation I would make. The other recommendation would be that the north shore of the island continue to be used for marine activities. I think this could be easily accomodated. In conclusion, I think that the fundamental spirit of Watson Island wants to continue as a recreation area but I think the marriage between recreation and the performing arts, a library, I think this could be accomodated depending on the size obviously of these functions and I believe we could have a very very successful cultural center and park. I think it would be wrong to totally discontinue the recreational spirit of the island but I think these can all be accomodated. Any questions I might answer? Mayor Ferre: Does the Commission want to ask any questions? Mr. Plummer: I think the most obvious question Mr. Stone, if you were to do a re -study or the possibility of this, the Mayor has indicated they would contribute I think was the word, toward this. Mayor Ferre: They have to pay for it. Mr. Plummer: You're going to pay for it? Oh all right, in other words, I misunderstood. You would pay as Metropolitan Dade County for him to reevaluate. Mayor Ferre: Are there any other questions? Mrs. Gordon: I think Mr. Mayor that we need to direct our thinking to Mr. Stone if in fact th:.s is reopened. I think that each of the Commissioners having approved the recreational theme might be interested in including cultural activities but might not be inter- ested in the other items that have been mentioned and I think that it would be fitting and proper that we not direct him to reopen the study without at least letting him know how we feel individually about these things. Mayor Ferre: I would like to, before we get into the Commission level of opinions, ask Mr. Andrews for his thoughts. Mr. Andrews: No, I have nothing to add. I am awaiting the Commission's findings and their policy in this matter and once you have expressed that, if you should choose to become involved in the processes that have been explained to you, I think it can all go together and we could work out an agreement with Metropolitan Dade County and we can reopen up the existing agreement we had with Mr. Stone for the completion of the study and I will be prepared to assist the Commission. Mayor Ferre: Mr. Plummer, before you make a statement, if you will forgive the chair. I am going to give you the chair for a moment Father Gibson and then I would ask for you to recognize me so I could speak. Rev. Gibson: Just remember I will invoke the same rules on you as I do on the others, go ahead. Mayor Ferre: I would just like to express this thought. It seems that everyone has gotten overly concerned over the impact of what Mayor Orr has proposed and I, with a great deal of enthusiasm have seconded because all of the facts obviously are not in. This is not something that we were going to do today. The important thing as I see it is zthat there are 4 or 5 factors that have to be considered. #1, that we on this Commission including myself, 55 NOV 211973 on many occasions have been critical of the fact that Metropolitan Dade County in the past had a tendency to spend monies outside of the City of Miami and that we don't get a proportionate share. In other words, the same thing that Metro complains of lets say with Tallahassee that we don't get enough road monies from Tallahassee is what we have been complaining about Metro, that we don't get our proportionate share of parks etc. 12, traditionally its been the City of Miami that has been turning over or spending our funds or monies and they eventually end up in Metro, starting with Jackson Memorial Hospital to the Seaport, the Airport, the Libraries and the Water and ;fewer Department. Now here is a case where Metropolitan Dade County is reversing that and saying that we want to spend x-millions of dollars in the City of Miami and in an important part of the City of Miami. 13, the 65 acres that now comprise Watson Island are really un-used. I am not saying that Chalk Airlines or the Blimp are not important, or that open space is not important because I am a firm believer in open space but certainly the amount of open space that we are really opening up with the new Bayfront Park seems to me that if we could put Watson Island to a higher use, the community would be better off. I think Mr. Edward Durrell Stone will recognize that when in fact he did recommend a bridge, in other words he was trying to create a people -human activity on Watson Island. There was a recognition of that and he took one step in that direction but not as bold a step as Mayor Orr is now proposing. 15, Watson Island is fairly accessible to the City of Miami including downtown. Certainly Mr. Stone had the idea of having ferries or boats going from Bayfront Park to Watson Island and back and forth so its only accessible to a certain degree and with the highway system that we now have in existence today, it is within, I would calculate a 20 minute reach for about over a million people, certainly within a 35 minute reach of the whole population of Dade County. #6, I would like to point out that if we are going to have rapid transit, Miami Beach has to be served somehow and every single proposal of rapid transit 4as forseen that the corridor would be through Watson Island so certainly that would imply to me that it would make it easy and comfortable for the vast majority of people and lastly I would like to 'point out that those very capable people who are the cultural leaders of the community amongst which are the first, one of the first is Mrs. Clara Weintraub who is here today and Mrs. Muir in the Library system. The other people in parks and libraries and arts and museum of science, nothing definitive is coming out of this at this point. It seems to me it might be difficult to transfer at this date the Planatarium and all the other wonderful facilities we have in Viscaya but it might be' a way for us to start the transition wherein we would have within a 55 acre area, close to downtown, accessible by rapid transit and a good highway system, a recreational area could include multi faceted cultural outlets. In the community of science, a museum, an art museum, a library and meeting rooms so people would have a cultural movement so to speak. I can think of Chicago and Soldiers Field. On either side of Soldiers Field is the Museum of Fine Arts on one side and at the other end, is the Field Museum Of Science and the water is right in front. Its like we have here. These cultural facilities surround the park. There was some criticism recently in one of the editorials about the Library in New York but I would like to point out that yes around Central Park, is the Metropolitan Museum and the Museum of Science at the other end of the park and that it lends itself for people to use parks and I think this is a step in the right direction where parks are for pigeons but they are also for people and that we will use to the maximum benefit, those areas we have available to us. The alternative is to not using Watson Island is either to. keep on in a scattered form which is what we have been doing or to go and find appropriate land as recommended in the downtown core area, this blighted area. I submit to you that we have been trying to do that for years and years. It hasn't happened in other areas. We don't seem to have the money available. We don't have the land available and as a consequence to this, what we do is we make more plans and more studies and we don't get some of these things implemented so I would recommend that here is a facility that is under -used, 56 NOV 211973 • and I think we ought to give it our full consideration and if Metropolitan Dade County indeed wants to spend 10, 1S or as much as 20 million dollars between the library, the rapid transit station the museum, the science museum and other facilities plus don't forget the private sector. If we can get these kinds of monies being expended within the City of Miami, it seems to me that this community would be well ahead. Rev. Gibson: All right Sir. Now I will turn the chair back to the Mayor. Mayor Ferre: All right Mr. Reboso. Mr. Reboso: I would like to ask the City Manager. If we go ahead with this project with Metro, would we have to transfer the property at Watson Island to Metro? Mr. Andrews: No. I don't visualize that there would be a need to transfer the property at all. This would be a function, as I understand it, that Metropolitan Dade County would be placing on Watson Island that would be metropolitan in scope and would be utilizing Watson Island as the site of cultural activities. Mayor Ferre: Of course the effect would be one and the same, wouldn't it? Mr. Reboso: Mr. Mayor, do you agree with that? Mayor Orr: Yes, the legal means of handling the title I don't think would cause any sort of stumbling block. I don't know and I am not prepared to •say, Mr. Lloyd can work with our Mr. Simon and tell you that butt you don't have to look upon this as any kind of giveaway. This is a get rather than give kind of proposal as I read it. I'm not concerned with the legalities of title just so long as they can accomodate the intention of this. • Mayor Ferre: All right, Mr. Plummer - Mr. Plummer: Mayor Orr, this Commission has always been one that has listened to the general public. Surely such a thing as this scope, we would want to hold public hearings on. When do you think that you would be far enough down the road of drawing the concept together, that this Commission should hold a public hearing so that we would have something tangible in our hands to show to the people and say now you can argue for or argue against. Do you think that something would be forthcoming say, by the middle of January or when? Mayor Orr: Well let me say that I am basically speaking to you as an individual today with an idea. I don't presume to speak for the members of the Commission although I will report to you that at our informal meeting on Monday, I presented this idea to them and I can say to you that there was general approval without any of them committing. It seems to me that the next appropriate step should be taken would be to contact those that are identified as the primary users of the proposed facilities. I would propose that we call together a meeting of the people who are heading up our Museum Of Science, our Library Board and those who are interested in the proposed Art Museum. I would respectfully suggest that at that meeting, this Commission should be represented and the Metro Commission. I would think it would be useful if Mr. Andrews would attend as well as Ray Goode and we start working in terms of whether this would be compatible among those groups, then I think concurrently, Mr. Stone could be working upon the completion of his studies. I would not presume to know how long that would take. It would seem to me that we ought to have some general idea from these people and that we ought to have a report from Mr. Stone and then I would like to suggest to you that we hold a joint public hearing with the Metro Commission and you participating inviting all of the people of the area to express their views with respect to this. 57 NOV 211973 Mr. Plummer: Let me ask so that we can try to draw some conclusion here today. As I understand it, you are asking us to open Mr. Stone's contract again so that Metropolitan Dade COunty can engage him for' the possibility and the feasability of this facility being located after which time there would be full public hearings. Mayor Ferre: We just happen to have a resolution written. Mr. Plummer: Just happen to have one. Gee its only 14 pages long. Mr. Orr, let me read this if I may. Mrs. Gordon: Mr. Mayor, the resolution I have before me spells Museum -Library. Wouldn't it be better to the desire of this Commission whether in fact we want a library there. I for one do not. Mr. Plummer:-- May I address myself to that? Mayor Ferre: Commissioner Plummer, if I could, I don't want to cut you off but I am going to because I am going to let Mayor Orr make his statement and then I will recognize you. Mayor Orr: Mrs. Gordon, let me say this to you. People who have heard about the possibility of locating the central library at that facility have assumed that there would be no other library say within the City of Miami. If that doesn't follow, the capacity, in the first place the Museum of Science or the Art Museum must have a library available to them. The central library is conceived to be fundamentally a research type facility, a facility that would carry the kinds of books that aren't ordinarily carried in the typical neighborhood reading library kind of place so that by this suggestion, you are saying well this Library would be there but that doesn't prevent the possibility of also locating a regional library in the Downtown Government Center. People assume it has to be one way or the other and that's just not the case. Mrs. Gordon: I am not particularly addressing myself to a library in the government center. I am particularly addressing myself to not wanting a library on Watson Island nor do I want to see Watson Island covered with buildings of any kind. I wonder if I might ask Mrs. Clara Weintraub a question? With regard to the relocation, eventual or in the near future - Mayor Ferre: Mrs. Gordon, I will recognize you for that in a moment. Mrs. Weintraub? Mrs. Gordon: Yes she is here, may I ask you - Mayor Ferre: Now, I would just like to point out at this point, we are not deciding that we are going to pub a library on Watson Island. All we are doing in effect and what this resolution says, is #1 that the Clty Manager is authorized to negotiate an extension of the contract, negotiate an extension of the Watson Island Dev- elopment Study to include a Museum -Library for Watson Island #2 That any formulation of this extension is going to be paid by Metro. #3 That the Manager is authorized anddirected to negotiate with Metro for the funding of an extension of the agreement and the proposal for the development of Watson Island and subsequent development of the Museum -Library should the result of the study by advisable. In other words its all going to come back to us anyway. Mrs. Gordon: We are all going to be paying for it too. Mayor Ferre: That is correct. It comesout of Metro which is a part of the citizens of Miami. Mrs. Gordon: Right, we are not spending somebody elses money, we are spending our own in fact. , I just think we ought to do a little determining and I don't want this misinterpreted that I am opposed to it because I am not. I am in favor of a cultural center. I just want the facts straight and I think before we start spending money, we ought to get the facts straight. NOV 211973 . 58 'Mrs. Weintraub, may I ask you the question. the facility that you are so wholeheartedly wrapped up in as its being discussed for some future transfer. What are your feelings on this? Mrs. Weintraub: I cannot answer you at this time because we have not been officially approached in any way up to this time. Mr. Orr did explain his side very well, the different steps to be taken but the steps to contact the Museum of Science officially in any way has not yet -been taken. Mayor Ferre: Of course, we are all at a very very early stage on this. That is why its premature to come to any conclusion. I may be opposed to a library there, I don't know but Edward Durrell Stone Jr., is a qualified planner to look into what it means. What size buildings. How many parking spaces. I don't know, it its a 30 or 40 story building, I am opposed to it. Mrs. Weintraub: Before Mr. Stone is awarded this request, it occurs to me that perhaps there should be a conference prior to that point with all those people concerned. I think maybe it might avoid compl- ication later if we could sit together prior and just talk it over Jack, I mean in an informal sort of meeting of the minds way, so that we would know in what direction we want to go. Mayor Ferre: This only says negotiate. It doesn't say to finalize. Mrs. Weintraub: No but it does say employ, does it not? Mayor Ferre: Yes it does. Mrs. Weintraub: And it does provide funds does it not? Mayor Ferre: Not yet. Mrs. Weintraub: This is what you are asking. I am just saying that maybe, as I say, it might be very naive of me to suggest this but I thought perhaps that sitting together prior - Mayor Ferre: All we are trying to do is that we think its important to get the ball moving and all this does, is it starts the ball rolling. Now before and I am sure Edward Durrell Stone is a very responsible man besides being very qualified and he is also a realist. He is not going to take a first step without talking to the Museum of Science, to the Library Board, to Metro, to the City of Miami, and everybody that is involved. Let's get the ball rolling. Mayor Orr: I haven't had an official meeting with anybody yet on this. As a matter of fact one of the first persons I have talked with in connection with the project was Mr. Sheeley, the new and very talented director of the Museum of Science so there has been - this is one of the true benefits of operating in the sunshine. This is an initial stage of planning and we are letting it all hang out in front of the people;before when projects of this nature were planned, they were done in back rooms . Here we are telling you and bringing to you, a process as they occur right from the beginning and I am hopeful that we can continue that kind of approach not only to this problem but for many others. Mr. Andrews: I would point out also that the resolution that is before you merely authorizes me to begin negotiations. I can't enter into any agreement or take any action. This will be leg work between Mr. Stone and myself and between the county manager and myself to bring this to a point where we can bring it back to you and time will have passed by then, meetings will have occured between the Library Board and Museum people and the County to determine some of the feasability of this and in the meantime we will have saved a great deal of time in the event that you do want to move forward. Mayor Ferre: In )the interest of time now because I think we are a little bit behind now in schedule. 59 NOV 211973 • Mrs. Weintraub: We are all deeply interested in what's good for our community, you know that. It's just a matter of steps taken toward reaching some of these and this is all that we are saying. Mayor Ferre: Thank you very much Mrs. Weintraub. Does anybody want to make this motion? Mrs. Gordon: I would like it revised if you would. Mayor Perre: There is a motion to revise. Mrs. Gordon: Museum -Library. If you would put "cultural complex", Mr. Plummer: Then I would have to ask this question. If you would change the wording to "Cultural complex", could a library be incorporated in it? You don't like a library over there and maybe I don't but maybe the people that we serve do and I think that we should have it all encompassing. Mayor Ferre: I ,for one would accept, a motion to modify this and offer a resolution. Is there a second as modified? Is there any further discussion on this matter? Call the roll please. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-931 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AN EXTENSION OF THE WATSON ISLAND DEVELOPMENT STUDY AGREEMENT TO INCLUDE AN EVALUATION OF THE APPROPRIATENESS OF INCLUDING A CULTURAL CENTER ON WATSON ISLAND; SAID EXTENSION OF AGREEMENT IS SUBJECT TO FUNDING BY METROPOLITAN DADE COUNTY; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH METROPOLITAN DADE COUNTY FOR THE FUNDING OF THE AGREEMENT FOR THE PROPOSED PLAN FOR THE DEVELOPMENT OF WATSON ISLAND AND SUBSEQUENT DEVELOPMENT OF WATSON A CULTURAL CENTER SHOULD THE RESULT OF THE STUDY ADVISABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded byReverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 60 NOV 21 1973 16 INTERIM ZONING DISTRICT - DR. MARTIN LUTHER KING BOULEVARD Mayor Ferre: All right, Mr. Acton, -- Mr. Acton: The Planning Department did hold a public meeting at the Tacolcy Center on November 15th, last Thursday. At that meeting there was broad representation of the individuals and property owners in the area of the Boulevard. Now in the audience we do have the fendersons who, 1 beg your pardon. Bernie is right, Mr. Dyer, who can present to the Commission results of that meeting. Mr. Bernard Dyer: What's happened is, in order to see the development take place on N.W. 62nd Street, so as to insure the opening of the Martin Luther King Blvd by 1976 it is necessary now to ask for a interim zoning plan to be accepted for that area, and with me today are a number of residents, friends, property owners, businessmen from the 62nd street area, and I'll ask them to stand if they would, who came down in support of the plan. Mayor Ferre: Will you try to keep some order out there? Mr. Dyer: Thank you so much for standing.. We appreciate the favorable action on the part of the City, Commission so as to give us this first step in the right direction. if there are any questions, I'll try to answer them. Mrs. Gordon: Mr. Mayor, I approve the concept of the Interim Zoning, and you aae speaking for it, and I would like, unless there is more testimony to be heard, I'd like to move that we approve it. Mayor Ferre: There is a motion on the floor for approval, Mr. Plummer: Mr. Mayor, the reason I asked this to be deferred at the last meeting was, we had one or two objectors who made mention of the fact that their neighbors did not know abut it. Mayor Ferre: Are there any objectors present at this moment? Rev. Gibson: Mr. Mayor, let me ask a question. Mr. Atkins, you were there for the hearing? Mr. Acton: Yes, the Plannirg Dept. was there, we presented all the information pertinent to the interim zoning district, we presented the facts, Mrs. Range was also there, we turned the meeting over to Mr. Dyer who carried on with the presentation of what actual development would be along the Boulevard in the future, so the property owners in the area became knowledgeable both about the interim zoning district and the preliminary design plans for the development of Martin Luther King Blvd. There was absolutely no individuals in the audience who were not knowledgeable of what we were planning to do in cooperation with the Boulevard Development Corporation. We wanted to make sure that all the property owners, and all individuals fully understood the ramifications of the interim zoning district and what it meant to them as individuals and property owners. Rev. Gibson: Let me ask two questions, all the people were duly Notified, properly notified? Mr. Acton: Yes, we ran adds in two local newspapers. 61 11/21/73 • Mrs. Gordon: I dove approval. Rev. Gibsont No, Rose, I alit not going for that. Z ass going to ask my questions. Did the people come? Mr. Acton: Yes, they did. There was a good showing. ReV. GibsonsWere there any objectors there? Mr. Acton: They were not objectors, but individuals in the audience didn't really understand what the intuit of the ordinance was. After we had the meeting, everybody that was there, understood What the City was trying to do, and what the Development Corp was trying to do. Rev. Gibson: Let me ask the question. Were there any objectors? Whether you got it across to them or not, that is your business, because you are telling us, that you represented us there. Were there any objectors there? Mr. Acton: There were objectors only in the sense they didn't understand what it meant to them. Rev. Gibson: Let me put it the other way. Having explained to them, were there any objectors? Mr. Acton: No. Rev. Gibson: A11 right, I am realy to proceed. Mrs. Gordon: Then I'll move because, this is the proper approach to the re -development of the area. Mayor Ferre: There is a motion, is there a second? Mr. Plummer: Second it, Rev. Gibson: Mr. Mayor before we vote I want the record to reflect that the questions I asked, so I know how my people react, so that later on everybody would know that everybody had ample time, and and opportunity to object, and to be heard, and I don't want them coming down here crying later on and expecting us to turn the world up -side -down. I am ready' to vote. An ordinance entitled - AN ORDINANCE ESTABLISHING AN INTERIM ZONING DISTRICT TO BE DOWN AS "DR. MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT" AS PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 39, AND APPLYING SAID REGULATIONS TO THE AREA DEFINED ON THE MAP, ATTACHED NERETO AND MADE A PART HEREOF; AND BY REPEALING ALL LAWS IN CON- FLICT HEREWITH was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferro. NOES: None. Mayor Ferrer Tank you very much Mr. Dyer. 17. EMERGENCY TELEPHONE NO. 911: Mr. Andrews: Mr. Mayor and members of the Commission, 11/21/73 62 prior to beginning with Item 21, I with the Commission would take under consideration the matter of the telephone emergency answering to the number 911. The City of Miami and the Dade County community have for years grappled with the problem of communications between the public and its public safety governmental facilities,police fire, medical services. A variety ef''systems have been used, most governmental agencies in Dade County have an independent number that can be called, and over the years, a new concept has been evolved which has been identified as 911. This is a communication process in which the public can use their telephone by dialing 911 to reach a facility that will provide them with the_emergency service that are being requested. The City of Miami, through its consultants, doing study work on modernizing the police department, has evolved a communication process for the City. This area is being refined, as we launched into their study work, and began analyzing it, and other governmental aganziea in Dade County, when this information was made available to them directly or indirectly, began to realize that the City was moving ahead rapidly, with modernizing its communications between the public and the City of Miami, particularly the police department, and then fire to follow. Since that initial step, Metro Dade County, who has been involved in the study of 911 along with the City of Miami began to realize this was an area they should take some action on, and proceeded to implement 911 on the sense that Metro Dade County would become the focal point for the receiving of the calls from the public throughout Dade County, a system as it now is set up, has some potential difficulties with it, or the system that has been proposed has potential difficulties and i would like to call on three of our department directors who will explain to'the Commission their views on 911 as it is now being conceived in Dade County. I want to emphasize very strongly that T and these Dept. directors are in complete accord with the concept of 911. It is the manner of its implementation that concerns us, and we want to present some facts to the Commission which hopefully will air this matter publicly, will enlighten the Commission and then the Commission will then be in a position to take a position on the matter of 911 as it is presently being implemented. I would like to call first on Chief Kenney and then Mr. Demby who is our Dir. of Communication, and Chief Garmire to each give you an over -view of 911 as it is now being conceived, how it would affect their operations in the City of Miami. Chief Kenney: Mr. Andrews, before I do that, you kno, this morning we transmitted an electro-cardiogram on each one of the Commissioners, and Dr. Nagle has been kind enough to bring the print out of the electro-cardiogram here, and it has been evaluated by Dr. Jim Hirshman, a Cardiologist. So at this time I'd like to present these to you, if I may. Rev. Gibson: I know some of these fellows don't want to see that. Mr. Plummer: Dr. Nagle, is it true, the Mayor doesn't really have a heart? Mayor Ferre: I want to tell you something, Plummer, the only people that have normal heart patters here, were Father Gibson, and myself. And that must mean something. Mr. Plummer: Mr. Mayor, I have buried people with better 11/21/73 63 cardiograms than that. Mrs. Gordon: Let the record reflect that mine was perfect. Mayor Ferre: Chief, go ahead. Chief Kenney: Mr. Mayor and members of the Commission, I find myself in somewhat of awkward position this afternoon. I have heard that. a 911 emergency reporting system is being installed to cover the entire county that will directly affect the emergency service that we provide the citizens of the City of Miami. As of now, I have not been officially contacted, con- sulted or advised by anyone from the County or thetelephone company, as to haw this system will be implemented or how it will operate. I personally find this difficult to understand. When you consider that the system is intended to directly affect the operation of the City of Miami. Fire Dept. 1 have recently attended meetings with the Police and Fire Chief of the largest cities in the County to discuss the system. We are all concerned about the adverse effect it will have on our operation. If what we have heard is correct, there will be an automatic built in delay in reporting emergencies to the agency that must respond to the emergency. In some cases the information will have to be relayed which increases the probability of error. In responding to a fire, quick re- sponse is imperative to assure minimum of loss of life and property. Seconds can mean the difference between a minor and a major fire, and an automatic delay is not acceptable. In the emergency medical rescue service that we provide, seconds can mean the difference between life and death. Here again an automatic delay is not acceptable. In my work with the International Assoc. of Fire Chiefs, I have been involved in the single emergency number concept since it was first recommended in 1967 by the President's Commission on Crime. I have attended many seminars and work shops on this concept, and I have visited several cities where the system has been installed. I have ta:Lked to fire chiefs who are operating with the 911 system now, and I can tell you that the present manner of implementation will work in some areas and not work in others, depending on the conditions and the problems of the particular area. Fire Chiefs endorse the concept, and we will support any system that will improve our service, but we must oppose the system that will result in deterioration of the service. One of the main points used in the support of one nation-wide emergency number is that a person traveling who is not familiar with the area can contact police, fire and ambulances by dialing 911. If that person is not familiar enough with the area to pro- vide an address, the only system that will help him is one that will automatically display the location of the telephone from which the call is made. Such a system is not in the foreseeable future. However, with computerization, and electronic switching, a system can be installed to selectively route a call to the agency having jurisdiction over the phone from which the call originates. This type of system would definitely improve our operation. Approximately one to two percent of the calls that Dome in are from people who cannot give you an address, and the system that is being installed would create an automatic delay for 98% of the calls in order to provide one to two percent of the calls with this system. With your permission I would like to read portions of two reports that I have received on 911, the portions I think would be of interest to you. I t would take too long to read the 64 11/21/73 entire reports however I will make them available if you desire. The first report is bulletin 73-1 that came from the office of the President, the office of tele-communication- -- Mayor Ferre: Paul, hoar long are we going to take in this so we can guage the time? Mr. Andrews: I think that after Chief Kenney finishes. five minutes by Mr. Demby and five minutes by the Chief will finish it up. Chief Kenney: In this bulletin from tele-communication policy, they state the primary purpose of 911 should be to enable citizens to obtain law enforcement, medical, fire rescue and other emergency services as quickly and efficiently as possible. The system that is being installed will give you a delay rather than efficient contacting. It also states respon- sibility for the establishment of 911 service should reside with local government. Planning and implementation of 911 service should proceed through the cooperative effort of all affected local agencies and jurisdictions, and this has not been done. The other report comes from the Federal Communications Commission, and its a report of a conference that was held June 5, 1972. There were several people that made presentations at that conference, and I'll read juet a few items from this report. The principal speak er for A.T.& T. and the independent telephone industry was Mr. John Sheppard. He said the most critical element in the procedure for handling 911 calls, is the procedure for handling 911 calls once received. That is what we are concerned about here. How they are going to be handled. Later in his remarks, he said A.T. & T. is developing a techinque in Bell Labs to route a call selectively based on its origination. Its prognosis looks good but,in any event its operation status is still more than two years away. This report is June 5, 1972, that is a year a half ago, so it should be in the not too distant future, a system that would help us. Inspector Stephen Walsh of the N.Y. City Police Dept. commenting on their experience, in his report he said when the new Police Communications opens on July 1, 1968, 911 was cut over at the same time, and the number of calls received in the new center was 40,000 on the first day with an average of 30,000 a day thereafter for about a week compared to 12,000 a day previously. Later on in his remarks, he said the Police would find it helpful however to have an information display of the location of the person calling 911. This would avoid send assistance to the wrong location. He made several recom- mendations, one of them was to plan to expand your work forces to take care of the additional calls thatthe system will be handling. Donald Bryan, Gen. Manager for the Intonational Assoc. of Fire Chiefs, indicated that the main conceni of the Fire Dept. is that the fire be reported to that agency without. delay. In some instances he said there has been a delay of many minutes of relaying a 911 call to the fire dept. Inspector Richard Killey of the Metropolitan Police Dept of Washington D.C. said that in D.C. with the exchange boundaries, coinciding with the political boundaries, the problem of conversion to 911 was relative simple, but in the Maryland and Virginia suburbs, the problems become complicated by the lack of coincidence of exchange and political boundaries. When the 911 system went into effect in Washington. there was a 93% increase of emergency calls with a 20 to 25 percent increase in all types of calls. Sixty to sixty- five percent of the calls to 911 are not of an emergency nature. The next speaker at this conference was Mr. Alfred J. Mellow 65 11/21/73 of the international Municipal Signalman Assoc. and he reported that their Board of Directors passed a resolution endorsing the 911 concept and its use in those areas where technical problems do not prevent its implementation or degrade its service to the public. Later he reported that the principal problem involved the lack of coincidence between the telephone exchange boundaries and political boundaries. He used as an example Providence R.I. that has 32 telephone exchanges. 15 of which cover the surrounding cities which have separate governments with their own police and fire departments, and there is a duplication of street names. I am sure you are aware that we have the problem here of the lack of coincidence of telephone exchange boundaries and political boundaries, also in regards to duplication of street names, I don't have to tell you about that. In Silver Bluff, we have a Washington and Jefferson, in Coconut Grove a Washington and a Jefferson on Miami Beach a Washington and Jefferson, we have a Palmetto in Coconut Grove, a Palmetto in Miami Springs, a Hibiscus in Coconut Grove and Hibiscus in Bay Heights, Hibiscus in N.Miami, a tremendous duplication of Street names that would present a problem. I do not feel that there has been sufficient planning, information coordination or cooperation to implement a 911 system in Dade County at the present time. The installation of the system necessitates a tremendous expendi- ture of taxpayers money. It is my recommendation that the City of Miami strongly oppose the installation and implementation of the system that is now being installed, and request that a com- prehensive study be made and plans developed for a system that will improve emergency service, rather than degrade it, and that all agencies affected participate in the planning. I am not opposed to the concept but I am opposed to what is being done at the present time. Rev. Gibson: We are supposed to save time. I am sure that the other men will be saying the same thing, and it seems to me that it is crystal clear. I can't conceive that in a Metropolitan area like this, with 27 governments, that we would have the unmitigated gall to plan a system like this without conferring with all parties involved, and I think in the interest of time, knowing what is before us, that we may remind this matter to those responsible to the company or companies, who ever that is and save us some time. Because, Chief, I heard you loud and clear, and know what he said this morning, and what has happened to us in the past, the efficient system that you have, I would be a fool to vote for anything that would delay the immediacy of that system to me. Mayor Ferre: Father, in the interest of time, I passed a memo I wrote to Paul Andrews this morning, and I would, if I may, very briefly put it on the record, and it says 'After discussing this matter with Southern Bell and various officials of the City of Miami and Metro it is my opinion that we should cooperate in seeing 911 become a reality. I think it is a good idea to centralize all emergency phone calls in one number. For the City of Miami it must be pointed out that 911 can operate as a receiving and relay point, That is the City of Miami must maintain the ability to dispatch all emergency units within the jurisdiction both police and fire. Second, that we would have clear records as to when and what was received, and the time it took to employ the unit, a tape recording of all calls with time and content 11/21/73 66 for identification purposes, roust be kept for a period of six months long enough to safeguard the fasts for the City of Miami. Southern Bell must combitt itself to an automatic system, at lease within the City of Miami, similar to the automatic system that I understand is presently used in New York City, wherein if a call with a City of Miami first two digits comes into the automatic board, it would go directly to City of Miami Police or Fire Dept. I realize this is expensive, and it might take a long time to implement and although I would not want Southern Bella binding commitment I would want a sure answer by then that they would work in this direction. I think that pretty well para-phrases without having heard your commits previously of what you have been saying. In other words,'we are for the idea, we just don't like the way the direction is taking. Chief KenneY: Why should we accept the system at the present time that has a built in delay in getting the information to us when we can wait a short period of time and something that will improve our operation. That is the reason I say we should take a stand now opposing what is being done at the present time. Mayor Ferre: Let me ask Mr. Andrews something. It is my understanding that Hialeah and thy? City of Miami Beach have both now opposed to it? Mr. Andrews: It is my understanding. I don't have factually for the Commission, the Commission's actions of those two cities. I can't speak authoritatively, my information is second hand. Maybe someone else has positive information. Mr. Plummer: Mr. Mayor, I can give you the information as I have it. You are correct, the four municipalities that directly involved because they are handling their own com- munications, are the City of Miami, Coral Gabies, Hialeah and Miami Beach. With the exception of an undetermined position by Miami, Coral Gabies has approved 911, the City of Hialeah and Miami Beach have opposed it in its concept. The position is being waited for determination today of the City of Miami. The reason the rest of the municipalities have no opposition to 911, that as it stands today, the Dade County Sheriff's Dept in fact does their dispatching, so that is why they would have no opposition as it affects them neither way. Rev. Gibson: What do you want us to do? Mr. Plummer: It behooves this Commission today to give a policy statement, either you are in favor of the concept as presented or you in opposition as presented but in favor of the computerized concept, and from what I have heard here today,the Commission would go on record that it is in favor of the concept of 911 but not as it is proposed today, but by the computerized concept which is Shortly to be in the future. Mayor Ferre: I want to emphasize today because I can just see this being turned around, and misunderstood, construed only half way, without pointing it out say, you see, the City of Miami is anti -Metro opposed to Metro, etc. etc. etc.. I want to emphasize strongly, my personal 11/21/73 67 opinion, and I think from what 2've heard, everyone seems to .tpress the saute opinion, the City of Miami is not, is not, opposed to 911, and the idea of 911. The only thing that we are opposed to is the improper implementation of 911. We want it done, we think it is a great idea, and want to back it, but it has to be done right. If that is the case, I think we are open to a motion. Rev. Gibson: Mr. Mayor I move that we go along with the concept. I hope everybody understands what I am saying. the philosophy of a 911, but not with the present implementation. That means that they would get all the people invr+lved,---- and work it out so we have no delay, and no foul-up, that is my motion, Mayor Ferre: There is a motion on the floor, is there a second? The motion is, we are in favor of 911 which is the central phone number to call for emergencies but we are not in agreement with the way it is being implemented, and we would want further study, and improvements with the concurrence of our own departments to make it function. The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 73-932 A RESOLUTION ENDORSING THE CONCEPT OF THE "911" EMERGENCY TELEPHONE NUMBER SYSTEM BUT GOING ON RECORD AS BEING IN DISFAVOR OF THE PRESENT METHOD OF IMPLEMENTATION; FURTHER RE- QUESTING THE MATTER BE FURTHER STUDIED WITH THE CONCURRENCE OF ALL CONCERNED DEPARTMENT HEADS OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson, Mayor Ferre: Noes; None. 11/21/73 68 tLIl im nraimis 1 IEW OF MIAMI POLICE DEPARTMENT OPERATIONS PERSONAL APPEARANCE OF CHIEF OF POLICE. BERNARD GARMIRE Mr. Andrews: Mayor Ferre: Chief Garmire: Mayor Ferre: Mr. Mayor, Members of the City Commission, at the last Commission meeting you requested that I have Chief Garmire here at the Commission meeting to discuss the Police Operations. Chief Garmire is prepared to give you some basic information on the operations of the department and then is in a position to respond to your questions. A11 right, Chief, before you begin, before we start, I believe we need to clear the air because there are some serious suggestions that have been made by some editorial writers in this community and I want to be very clear and specific and I do not mean reporters; I mean editorial writers who have suggested that for some devious reason, I'm out to get Chief Garmire. I would like to ask Chief Garmire if he knows of any motive on my part or if he has any information directly or indirectly that my intentions are other than to curb the crimes of violence in this community. I want to ask the Chief directly whether he believes that I'm creating a situation to have him fired. I want to know from Chief Garmire if my motives are other than what I have repeatedly and consistently stated. I want to know from the Chief if he knows from anyone in the department that might be spreading such a story. I ask these questions publicly because these editors should know directly from Chief Garmire what he has to say on this subject, so the air can be cleared. If we cannot have the air cleared on this point, the motives for this meeting are going to be continualy suspected, and as I stated in the past and I want to reiterate again, the only reason I am interested in pursuing this matter is throughout my campaign for Mayor, it became obvious to me that the number one problem and the number one concern to each and every citizen that I talked to in the City of Miami almost without exception was safety in their homes, in their neighborhoods and in their parks. So, Chief, I'd like to ask those questions publicly and for the record. You ask a number of questions, Mr. Mayor. We'll take one at a time. Do you believe that my motives are other than what I've repeated consistently? I want to ask you whether you believe that I'm creating a situation to have you fired. Chief Garmire: I certainly have no knowledge to that effect, sir. I consider you to be an honorable man and I consider your motives to be honorable. Mayor Chief Mayor Ferre: All right. Do you know of anyone in the Police Department who has been spreading such a theory? Garmire: I haven't heard of anyone. Ferre: All mght. I just wanted to get these cleared because I think that we have to clear the air so that we can proceed in this whole natter without any cloud of suspicion as to anybody's intentions in this and I want to repeat to you, Chief, that my' only intention in this - my only intention, 69 NOV 211973 is to review facts and matters so that we can get some information so that the community is properly informed and I want to repeat that I've got the utmost and com- plete confidence in Paul Andrews and in the administration which, of course, includes the Police Department. And that I have no personal knowledge of anything specific in which I, in any way, am trying to do this for any - personal reason. This is a matter that is strictly within the purview of the Mayor's Office and the Commission's responsibility and that is the sole and only intention of this gathering here today. All right, Chief, excuse me. Chief Garmire: Mr. Mayor, Members of the Commssion, Mr. Andrews, ladies and gentlemen. I have a few words I would like to present to you to establish a predicate to the discussion I'm sure will follow. I might say, at the outset, that contrary to what it might seem I have not been in contact with Mayor Orr. As I get into my remarks, it may seem that way in light of this presentation here today. But I would say to you today that nearly two generations ago at virtually a•time when every man and woman in the street was beset by anxiety and fear that we were reminded that the greatest thing we had to fear was fear itself. Crime in the streets or more accurately, fear of crime in the streets is the issue before us today. My purpose in being here today is to discuss with you openly and frankly, the problem of crime in the City of Miami. Further, I am to lay before you a plan to combat that problem and to identify those needs which must be addressed in the process. To this agenda I would add only one subject which I will address at the conclusion - policies. What policies are to guide the Police Department in its effort to combat crime. The goals of which men and women of the Miami Police De- partment have always been committed that has been succintly reaffirmed in these last several days to see that the parks, and the streets, and the neighborhoods bf Miami are safe for the citizens of Miami to walk in again. That goal is both physical and psychological in that we must equally contend with crime and the fear of crime itself. It'll do us little good to substantially reduce the physical incidents of crime if the psychological fear of crime is not likewise reduced. It should be noted that we are not speaking of, I'm sure, of the absolute elimination of crime for that is a task impossible to achieve in an im- perfect world. Rather, we are talking about reducing both crime and the fear of crime to some level that meets the community's perception of that which is indurable and not necessarily desirable. A community's perception of the fact of crime and the fear it produces is powerful - it's a powerful driving force to which we, in government, must respond. We must first respond with programs to reduce the fact of the high incidence of crime. Then we must respond with facts about the actual incidents of crime to reduce the fear of crime. To the person who has just been the victim of a crime, reactions of fear and outrage are natural and justified. To some extent it is also natural for unaffected members of the community to vicar- iously experience a sense of fear and outrage when they learn of the crime. Too often we tend to critize the news media for intensifying those vicarious feelings 70 NOV 211973 • through reporting techniques. But such criticism in the main, is unfair. Editors must publish that which is news- worthy and only they, through their experience and pro- fessionalism are competent to judge what is and what is not newsworthy. despite our occasional Monday morning editorships. The editors know that the reporting of a crime, even when it isn't worthy of headlines, does not make of that crime a crime -wave nor do they intend that such be the interpretation. Newspapers do report in headlines that a girl has been brutally beaten but they also report as in November 19, 1973, the Miami Herald, that quiet, serenity, bring them to Bayfront. In short, the news media report crime and the fear of crime and they report the improvement in the facts of crime and the lowering of the fear of crime. Without indulging in statistics, may I point out that fact that crime in Miami has been sharply increasing over the years. In 1970 the Greater Miami area had the highest crime rate of the nation, but this was not the first time. Some little -remembered facts are these: in 1959 the Greater Miami area had the highest crime rate in the country. During the years from 1959 through 1971, the Miami area had never been less than fifth in the nation. A ranking of sixth was achieved in the past fourteen years only once - that was last year, 1972. Miami's crime exper- ience has parallelled that of the country at large. Sharply increasing rates of crime and then peaking out. Miami too has peaked out. The crime in 1972 was lower and in 1973 will be lower than the 1971 level. In plain and simple language, Miami is reducing its rate of crime. The men and women of the Police Department to the extent that the police can affect the crime rate are to be commended for what they have accomplished. This is not to say that crime could not and should not continue to be reduced but it is to say, loudly and clearly, that your Police Officers have attained a significant measure of success. Crime both in Miami and in the nation in- creased over a long span of years to unprecedented levels. Unfortunately it will take a number of years to reduce crime to a level that is at least endurable to community perception. It cannot be done overnight because of several salient factors. First, the Police are but one component of the total criminal justice system and what the courts and corrections do or fail to do vitally affects the police in their attempt to control crime. Substantives and procedural criminal law have been dra- matically changed over the past fifteen years. In blunt yet descriptive terms, the police can no longer function as society's vacumn cleaner, sweeping up and away from sight, those who'are undesirable or dangerous or both. Even the least or the worst among us must be treated with the strictest regard for his constitutional rights. Any- thing less will result in the case being thrown out of court or the Police Officer being sued or both. The adult criminal who has been arrested, convicted, sentenced and subsequently rehabilitated or deterred from future criminal activities is literally the exception rather than the rule. Recidivis or repeaters among juvenile offenders are, if anything, more of a problem. Few of us realize, really, how demoralizing it is to a Police Officer, to arrest the same offender over and over again. It has too often happened that the same offender has been arrested 71 NOV 21197 • f two or three times on felony charges in one week. Secondly, Miami experiences, along with other core cities of large metropolitan areas, a number of severe socioeconomic problems. The effect these problems have on the origin and level of crime has been amply documented and certainly doesn't need repeating here today. Thirdly, the Miami Police Department, like any other organization, is staffed by men and women, most of whom are Polite Officers. My point, I think, is an obvious one. The largest and most important resource of the department is people, and this resource, like any other, must be carefully husbanded. A crash crime -fighting program is possible but after the organization has burnt itself out in two, four or six months, what then? For this reason, it is imperative that a police organization with this large human resource pace itself for the long -run effort, not the short -run burst. Only with continuous replenishment of the human resource by the addition of new members, the renewal of the energy, the morals, skills and leadership of the current members, can depletion of this human resource be avoided. Most of the human resources can be assigned to the line, and in the case of the police, this means the street. But some must be concerned with direct support, with training and professional development and with leadership. And even those who are on the line must be returned to the classroom at the professional seminar if they are to be refreshed both in terms of skill and energy. Only in this way can an organization meet its primary goal in the short-term and at the same time, sustain itself the long-term effort. It is with these salient factors in mind the inter -dependency of the criminal justice system, the socio-economic problems and the long-term effectiveness of the Police Department set against the community's perception of crime and the fear of crime that the department has considered its needs and plans. At this moment, the long-range plans of the department are not the issue. They have been well publicized and are proceeding. In fact, architectural design is underway for the new police building to be located in the downtown area of Miami. What is at issue are immediate and intermediate needs and plans. There- fore, I will lay out those needs and plans before you and the public in a straightforward language. One, the Police Department needs immediate implementation of the Public Service Aide program . This is the employment of young; para-professionals funded through the Law Enforcement Assistance Administration and the revenue -sharing plan money. This would accomplish our plan to relieve regular Police Officers of non -criminal duties, thus releasing the officers for 9,000 additional man-hours of crime fighting annually. In those business and residential areas where the need is the greatest. If the Public Service Aide program is implemented now, within fifteen weeks it should have much impact. Number two, the Police Department needs to implement immediately a man -power release program :5y hiring civilians to release at least twenty-eight Police Officers. This would accomplish our plan to assign those officers to the high -crime areas. We estimate the additional funds needed in this program would be approximately $300,000. If the man -power release program is initiated now, twenty-eight Police Officers can be released for street duty within sixteen weeks. Number three, the Police Department needs to immediately expand 72 NOV 211973 the three -wheeled motorcycle prografn which, in our opinion, is an excellent combination of mobility, the mobility of a vehicle and the personal contact of the beat officer. And this would accomplish, in our plan, to increase these three -wheeled motorcycles, we would have then from twenty-nine to thirty-nine additional people. and they would cover twenty-two instead of thirteen beats, in key business, residential and park areas. Mayor Ferret Would you repeat that figure again, Chief. I didn't get that. Twenty-nine to thirty-nine? Chief Garmire: We would increase our motorcycle officer assignment from twenty-nine to thirty-nine and we would be able to cover twen:.y-two instead of thirteen beats, in key business, residential and park areas. The additional funds in this one would run, I think, a nominal figure of about $20,000 to $25,000. If the three -wheeled motorcycle program expansion could be initiated now, the expansion could be completed within twenty-four weeks. Number four, the Police Department needs to begin hiring immediately thirty-four Police Officers to fill our vacancies in the sworn officer's positions and it needs to hire 7.4 officers each month of the year to meet our employment turnover rate;L to accomplish our plan of getting completely up to author- ized strength and staying there. Additional funds in this area would be approximately $360,000. The initiation of this process now would provide thirty-four additional officers for street duty in high -crime areas within twelve months. It takes about three months to recruit, screen and hire a Police Officer, six months to train him in the classroom and three more months of field training under the Field Instructor Training Program before the recruit is even minimally qualified to function as a Police Officer. Number five, the Police Department will implement - this will be done. Two Robbery and Burglary Grants which are funded by $120,000 from the Law Enforce- ment Assistance Administration monies - now these are specifically aimed at identifying and aprehending the most active burglars and robbers in Miami. To accomplish our plan, we will commit. thirty-nine Police Officers, eight Sergeants, one Lieutenant and one Captain to a very speci- lized hard-core crime fighting program. Full operation is expected early in January, 1974. We are awaiting funding from the Federal Government. We are assured it will come forward by approximately that time. In summary, in fifteen weeks we can put 9,000 more manhours for street crime fighting duty per year. In sixteen weeks twenty- eight Police Officers could be released through the man- power release program suggestion for crime fighting. In twenty-four weeks, ten additional three -wheeled motorcycle officers could be assigned to nine more beats. In twelve months, thirty-four additional Police Officers would be hired, trained and sworn and our authorized strength would be attained and maintained. In a nutshell, those are the immediate and intermediate needs and plans of the Miami Police Department, in straight language. The ultimate purpose in stating these immediate and intermediate needs and plans is twofold. First, to bring before you for discussion what it is the Miami Police Department can do to reduce the actual incidence of crime. I welcome today's opportunity and will welcome such opportunities in the 73 NOV 211973 • i e0i1111ruu.1rrir■irl i future to engage in a meaningful dialogue where the problems, the issues and the concepts can be aired and discussed with reason and sensitivity. Second, to lay before the public through reason discourse, not only what the Miami Police Department proposes to do but also what it has done so that the community perception of crime can be based upon facts. When that perception is grounded in fact, the credibility of the Police will be enhanced. But, more important, the psychological fear of crime , which is so destructive to the quality of life in our community, will more closely match the physical reality of crime. And finally, I would like to touch upon that which I illuded to previously - policies. Policy, of course, is the provence of the City Commission and there- fore, I believe, it is appropriate to state here and now those policies which the Police Department has followed in the past and which have been stated before a previous City Commission so that you may approve, modify or dis- approve. Whether or not the Police Department's plan fails or succeeds, whether or not crime or fear of crime decreases, and unless I am directed to the contrary, I shall insist upon compliance with these policies in the conduct of police operations. Number one, Police man- power shall be equitably distributed throughout the community on a basis of proportional allocation of available man -power according to needs as reflected by crime statistics, and citizen's calls for service. Parenthetically, I should mention here and it should be noted that 80% of the calls coming to the Police Depart- ment are of a non -criminal nature. Some type of a social service is requested or required. Number'two, the Police shall proceed within the limits of the law which they're empowered to enforce and within the limits of their authority as it relates to the constitutional rights of persons. Three, the Police shall proceed not through the intentional use of force but through the intentional use of lawful authority to perform their lawful mission. When force or violence must be employed, it shall be employed but only as a last resort and only to the minimu extent necessary. And fourth, the Police shall proceed, not against whites or blacks or Latins but against person who have violated the law. What matters is not their color - only their conduct. Thank you. Mayor Ferre: Chief, I have a series of questions that I have written down and I would like to ask you these questions. I woul imagine that there are other questions that will be forth coming from other members of this Commission. and I don't know whether time is going toallow - this is not a publi hearing as such, so I don't think that we're going to get into and I certainly, as Chairman of this meeting, am not going to permit a questioning of you personally by any of the citizens here. I don't think that's the purpose of this gathering. However, if there are people who want to make brief statements, we would consider that. Now, how many people here would like to make a statement, as such? One, two, three, four, five, six. All right, seven, eight. All right, if you will give your names to the clerk here, after we have finished, if we have the time, then we will recognize you for a brief statement that the Chief can note but I am not going to put him 74 NOV 211973 411) 40 through the procedure of an inquisition at this point other than those questions that are forthcoming from the Commission itself. All right, now, most of these questions 1 think are rather simple a.- they're really more for information even though some of these simple questions tend to be very complicated in the end. How many people do we actually have working in the Police Department? Chief Garmire: Exactly, sir? I have that number - Mayor Ferre: Well, within a few with reasonable accuracy. How many people do we have working in the Police Department? That includes everyone, Chief, civilians, secretaries, Chief Garmire: Our budget is 1,002. Mayor Ferre: That's what I was going to get to. The budget is 1002 but how many do you actually have? In fact. You know, give or tape five or six or ten - roughly. Chief Garmire: Our present population is approximately 940. Mayor Ferre: 940? Chief Garmire: Yes, sir. That's the gross. Mayor Ferre: 940. All right. Now, what percentage of these are sworn officers? Chief Garmire: In round figures, sir, we are entitled to, under our authorization, 798 Police Officers and the balance of those would be civilian positions. Mayor Ferre: Is that what the budget authorizes? But how many do we actually have? Chief Garmire:We'll find out in just a moment, sir. i i the sworn officers, what percentage are on active duty other than desk or non -people contact jobs? I don't mean that a man on the desk isn't on active duty but I mean - I don't know how to express it in proper technical language but in other words, how many man of the total are really doing police work in the field rather than at a desk? And, I don't mean to imply in any way or diminish the importance of the desk job. Chief Garmire: It's a question of my finding the information. I have specific information here today, sir, and I will take one second here to look at....May I answer you question in this way? On any given day available - now I'm talking about Police Officer - on any given day I have available to me, for all purposes within the department, 435 Police Officers. Mayor Ferre: I'll tell you where I'm going, Chief, so you can be thinking about it as you look into those figures. Of Mayor Ferre: Sworn officers? Chief Garmire; That's correct. Yes, sir. NOV 211973. iiIIU!9rt Ih" Mayor Chief Mayor Chief Mayor Chief Mayor Chief Ferre: Does that include the Captains, the Majors and the Garmire: This is total sworn man power. Ferre: Garmire: Ferre: Garmire: Ferre: 435? Yes, sir. All right. Now we're budgeted for 798, you say?: Yes, sir. But we have 435. All right. Now, does that mean, as I read it, that we have a deficiency of 263 men? Garmire: No, sir. I would qualify what I just.said by pointing out to you, taking from the gross number available to us by budgeted funds and actual strength that there are many deduct:ions that one must consider. For example, earned time or days off. Any one time there are two hundred and seventy-four people off duty. Mayor Ferre: I see. Do you have the specific figure as to how many sworn officers are on the payroll of the City of Miami as of today? Chief Garmire: 752. Mayor Ferre: 752 sworn officers that the City of Miami has today? Chief Garmire: That's correct. Mayor Ferre: Okay. Now, in other words, from the budget figure, let me see if I'm interpreting this right, stop me if I'm wrong - I don't want to be wrong. That means that we're short 46 officers. Chief Garmire: That's approximately correct, sir. However, it can be qualified again, and I don't mean to try to involve you with a complicated answer. We have certain positions that are filled through the E.E.A. Program. These pro- grams - Mayor Chief Mayor Chief Ferre: Explain what E.E.A. is. Garmire: This is the Emergency Employment Act. Ferre: Oh. I see. Right. Garmire: These are funds that provide for the employment of people from certain areas. Now, we have - the difference is made up between the 752 that I told you and the actual number that we're budgeted, within, as I pointed out before, thirty-four positions. We do not carry those as actual budgeted positions because they're being funded out of federal funds. However, we are required to absorb those people at a certain point in time. Right now we're scheduled to absorbe all of those by the first of July of next year. Consequently, there will always be a difference between that number which we show on the City payroll and the total number available to us. 76 NOV 21.1973 11 I nMrriuii 111111.11111011111141 II Il111•liIlP UIil0 ini1l 111111iIlI11M PiI Mayor Ferre: What I'm leading to and this is the thrust of my question - of the sworn officers, what percentage are on active duty and by that I mean other than desk or non -people contact jobs? Or what percentage - in other words - of the total sworn officers, hoomany of of them are at desk jobs and how many are out on the street in police work out in the community? Here's what I'm getting at, Chief. How many sworn police officers. do we have in non -field work type of activities? Percentage -wise or actual number count? And I'm not trying to pin you down - Chief Garmire: Mayor Ferre: I know - I'm not going to say, Hey, you made a mistake and you're wrong by eight people. You know, that's not the point of all of this. I just want to get in my mind the percentages are. Chief Garmire: Between 20 and 25 percent of the people are required for administrative duties and support duties of a Police Officer in the field. Mayor Ferre: 25% sworn officers that are doing so-called desk jobs. Chief Garmire: That's correct. Mayor Ferre: Now, what percentage of the total hours spent by the people that are out in the field - of their total hours worked during the week - what percentage is paper work or administrative work, if you will. Chief Garmire: The average man in the street is required to spend at least 10% of his time in complying with the required necessary reports. Mayor Ferre: 10% of his time. Chief Garmire: At least that. Yes, sir. Mayor Ferre: So in other words, of the total officers available twenty five percent are involved in administrative -type jobs and. of the ones that are in the field, ten percent of their time is spent in administrative -type of work. Chief Garmire: That's correct. Yes, sir. Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: How many vacancies do we currently have in the City Police Department? That have not been filled under the budget? Currently, as of last evening, thirty-four positions. Thirty-four? Now, before we 798 from 752 but the E.E.A.s Okay. So the answer to that Yes, sir. have 46. In other words, are what make the difference is 34. Now, how are these being filled and when? Somebody told me that we were now getting five cadets per month, into the academy. Is that accurate or is that just somebody's 77 Ilpy 211973 Chief Garmire: Very recently we were authorized to put 7 per month into the academy and as of last evening, through an arrangement with the City Manager, Mr. Andrews, we have asked for a total of twenty-eight in the next class which will start the seventh of January. Mayor Ferret Here's the point that I'm leading to in this one so that we can get this one straight. If we have vacancies of 34 and we have a budget for that much in the budget, then why don't we make a special attempt to get more than 7 a month into the academy so that we can fill those vacancies alot quicker? Yes, please interrupt me. This is not a one-man operation here or a one- woman operation. Mr. Plummer: I'll take your word for it. Mr. Mayor, at this point, I would like to ask of the City Manager and of the Chief, if he knows. One of the problems that I under- stand that has been.incurred, not by them, nor by us, is the problem of the recent law suit which was put against the City and I don't mean to speak either way for or against the law suit as it pertains to quotients of people and how they should be hired. Now, 1 have to ask this question right off the bat. On the mandate of that law suit, we must have X number of blacks, we must have X number of Latins, we must have X number of what- ever it must be. How does this affect - are we under that guideline at this time? And, if so, what do we do about it? You know, I can remember back where we had drives to hire Latins, we have had drives to hire blacks, and it has been a very simply is this: does to hiring new cadets, new atand? problem. Now, my question the law suit affect us as policemen - where do we Mr. Andrews: The law suit does affect us in our manner of hiring and recruitment but we have to weigh that carefully in that the law is tolerant to the extent that the City - and don't quote me on this exact month. I thinx it's twelve months or eighteen months - that we must have hired a consulting firm to assist us in re- cruitment in these ethnic areas. The law allows additional time to begin gaining proportion of ethnic representation so there's some time allowance. There was a hesitancy to launch into an extended drive for recruitment in order to keep pace with the vacancy in a department because it was a feeling that as soon as we could get the consultant, and incidentally, we will have proposals from ten or twelve different consultants by the 30th of this month. There was a fear there that there will be a misunderstanding if we begin deviating from the guidelines that have been set down by the Commission's Resolution and by the law suit and the findings of the Court. Within the last several days, I told Chief Gemini that we had to make a weighty decision in which (1) we were trying to do that which was right, and also, carrying the responsibility of making this community safe. I told Chief Garmire and Mr. Paulk of Public Service, to deplete the exist- ing register of applicants which number some 17 and we're hopeful that we can employ ten out of those 17 78 Nov 211973 Mayor Ferre: Mr. Andrews: Mayor Perre: Mr. Andrews: Mayor Perre: Mr. Plummer: Mr. Andrews: Mayor Ferre: to become policemen and the Chief presented lire with the plan, just last night, for the employment of 28 additional vacancies that he has. Wonderful. However, there is a problem here which the Commission must give me some broad latitude in making - Well, you've always had that from this Commission. Well, it's more serious than that, Mr. Mayor, and I have to go back to the time when we adopted the budget and you have All right. We're going to get into that in a moment because I'm all in favor of doing whatever has to be done to hire - you need 28 other people and you need some broad latitudes, we're going to discuss that as soon as we get to all the questions - Okay. Let's get an answer to my question. Now - are you telling me yes or no. I'm telling you yes - that I consider the importance of policing the City of Miami, reducing crime, is far more serious than hiring people in the ratio of ethnic origin. We're going to proceed on both basis as ex- peditiously as we can but one is more important than the other at this moment in time. All right. Now, how many cadets do we actually have, Chief, that are now in training? Chief Garmire: In the current class? Mayor Ferre: Yes, in the current class. Chief Garmire: I believe it's a total of eleven. Mayor Ferre: A total of eleven? Chief Garmire: Yes. Mayor Ferre: Now, isn't there seven a month and you said it was six months? Chief Garmire: Yes, sir, but we just started this. We just got authorization to do this about a month ago. Mayor Ferre: Chief Garmire: Yes, sir. Mayor Ferre: About a month ago? We have eleven in the classes now, you see. So that means to fill thirty-four vacancies, we really have to start n3oving - to put an awful lot of pressure and attention. Now, let me ask you a question which I really don't understand. I was very sincere when I took this information out. There was an article - I think it was in the Miami News - where I read it - on November 13 and it had some statements like, for ex- ample; in New York City they're overwhelmed with appli- cations and that they have 65,000 applicants in New York and in Kansas, and in Michigan and they quoted 79 NOV2197 • • Chief Mayor Chief Garmire: Ferret Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: different police departments where there were so many applicants. Now, are wt: the exception to that rule in the United States? I don't believe we are, sir. In other words, we do have a lot of applicants. We have a lot of applicants, but, I would remind you that for every, maybe, fifteen that apply, there are a very limited number, maybe two, three or four that would qualify out of that. We could say that we have a tremendous number of applicants but the acceptable applicants is a different situation and I wouldn't doubt that they have 65,000 letters of inquiry on file in some places. Did you see the article I was talking about? No, sir. I did not see it. Well, what I'm looking for - and I'll tell you - let me express - before I ask the next question - an an attitude or approach to police problems being a non -expert - I know nothing about police work. This is something that I keep getting all the time, over and over again from people that I talk to'and who seem to be so concerned in this community. And, I'll tell rou where I really noticed it was walking through the park the other day, in the evening and in the day, and I was asking people about how they reacted to the Police. And you know, they expressed themselves about the Police as though they were talking about a "thing". You know - a machine. It wasn't a human being. They weren't talking about men or women. They weren't talking about people - they were talking about the patrol car or - you know - and this theme kept re- peating itself and I've noticed, in talking to a lot of different people that, it seems to me that what we really have to do is to humanize the Policeman and that's both ways. In other words, for the Police- man to consider himself a human being dealing with human beings and for the public to consider that these are people that are rendering a service to people - to the public - and I think - I'm not against - I'm not saying and please don't misunderstand that I'm in any way against electronic improvements or computers or machines or the perfection. Listen, I'm a business man and I'm in the middle - for example - our cement mill here, I want the most modern equipment, I want electronic computers, I want automatic testers, I want automatic speedometers - I'm all for that. But, I think that we have a tendency in the modern world - and that's not just you - all of us - to try to be too scientific and to try to be too modern. And sometimes, without meaning to do so, at the expense of the human relationship between peoples. Now, I've noticed that there was an article - I didn't notice it in the big daily, but there was an article in a Miami Beach news- paper where it had a picture just walking the beat and it had the picture - let's see if I have a date on this thing - well, anyway, it's the Miami Beach Times and it's been within the last week and it's a picture of a Policeman talking to a young lady and the story relates r" • 80 NOV 211973 01111111111111111111 1' II to the fact that Chief Polnerance is now going back or re-emphasizing the "Walking Policeman". Now, t received also in the mail, an article from New Jersey where Governor Cahill, back in January, after a long and complicated and arduous study, on what was wrong with the police problems in crime and so forth, in New Jersey. He came to the very simple conclusion. He said "we've got to get the men back on their feet; we've got to get the man back on the beat." Oh, here it is: "Put Police on foot" taunts Cahill message. Now my point now, I don't think he was successful, was he, in his re-election attempts, but I hope this had nothing to do with it. But, "Cop on beat urged by Governor". This is Atlantic City on January 9th of this year. And, the emphasis seems to be in New Jersey that the same thing as in Miami Beach; some- how we had to get back to the Policeman walking and - let me tell you what - now, that's my question. Let me tell you what one person told me which made an awful lot of sense to me. He say, you know, we don't know a lot of the Officers, that come around here by their names. If we only knew some of these guys by the name of Bill or John and we could relate to them, you know, we'd say,"Hey John, you know that drunk that you caught two weeks ago. He's back drunk again in the other apartment and I think he's gonna beat his old lady•up, you know, and you'd better go over and take a look and see if you can calm him down". So, the point that I'm trying to make is that some- how, if we had people -contact and if we could - and and you can't do that in an automobile and you can't do it with machines - it's got to be with people. So - and here's my question. What can we do speci- fically and without having to wait for twelve months? To humanize this whole situation where, between the Police Department and the people, in the Police De- partment and Vhe people, in public. In other words, specifically, can we establish walking tours or beats in high congestion or high crime areas? Can we emphasize that for a while to see what kind of effect it has in Allapattah, or Little River, or Coconut Grove or the downtown area or those areas that are so-called high crime areas? Chief Garmire: Mx. Mayor, may I say at the outset, before I get into a specific answer to your question - just a statement of philosophy in policing that I have. I think we need a more personal touch in policing - more rapore with the average person who lives next door - our neighbors. But we've been victimized by the advance of technology and we are putting police officers now in a steel cocoon and sending them forth. They don't have contact with people. This is brought about by a tremendous press of calls. We are continually stacking calls for service somewhere, sometime in the City. We recognize that in those areas very limited numbers of areas in this community where we do have the walking beats that these men have a better rapore with people, whether they be passers-by merchants, neighbors, whatever the case may be. Some where between the steel cocoon which we call an auto- mobile and the walking beat must be a happy medium. We started some time ago, nearly a year ago, with the implementation of the three wheeled motorcycle. 81 NOV 211973 • • h,�iMi iwn,.�%W �gi,Edl. !LU !llJ2L'!U! Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferrel Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: We believe this Let me ask you at a statefient but 1 those tricycles - this point, because you gave us forgot the number how many of do we have 36, was it you said? Well, the beats, sir, the number of beats that covering. How many actual tricycles do we have? We have 16. Sixteen? we're Sixteen and we are suggesting the addition of ten more. Ten more. Yes, sir. In those areas where we do have them and in the downtown area, for example, what we call the downtown area, during the average day, from about 1:00 - 12:00 noon through 6:00 - 7:00 in the evening, we have at least a dozen men walking in those areas. They do have good rapore and we do believe that they are accomplishing a great deal. They do ltave what, Chief? I didn't hear that. Good rapore. Good rapore? Good rapore. In those areas where we've applied the three -wheeled motorcycles, Coconut Grove, Allapattah, Edison Center and others, they have been very well received. Now, they don't use these three -wheeled motorcycles strictly for patrol activity. We are encouraging our men to ride them to a certain key spot in the area, get off, walk and talk with people but have this vehicle available to them in the event a call necessitates them moving from their immediate area to another area as rapidly as possible. We believe this is a happy medium and it's been well - received in all the areas where we've tried it. We want to expand upon it. Park patrols - it's ideally suited for park patrols, and isolated res- idental districts and other areas where the incidence of crime is always certainly potential. Chief, let me ask - let me come right to the point specifically and ask you because I see that in the paper here there was an article saying Miami crime rate rises and so on, and it goes by sector 20 and 10, 30, 40, 50 and 60 and it specifically says where burglaries - so on and so forth. While we're having this increase which I want to repeat - I'm in no way blaming the Police Department or Chief Garmire or the administration for the rise in crime. I don't think you've got anything to do with it directly, except, 82 NOV 211973 • 1 1 i Chief of course, the responsibility you have in curtailing it you kAow - one way or the other. Now, if it's rising and what we're doing doesn't seem to be effectively stopping it, or at least the rate of it, is there any way in which we can turn this around and get more people out on the beat and I don't mean to belittle the twenty-five percent that are the sworn people that are out on desks or the ten percent administrative time that the Policeman spends - the field Policeman .. in administration. But is there any way that we can get that 10% down to S% instead of having 25 - just during, let's say, a six-month period until you can get these 38 men you're talking about and the extra 10 tricycles and the twelve months until we train all these other people. Is there any way that we can de-emphasize the admin- istrative end of things for a while and see if we can put more men out on an emergency basis if you want to call it that. Garmire: Let me qualify this administrative assignment, Mr. Mayor. We're talking about, for example, the school resource officer program. Now, we consider those administrative in that they are not directly assigned to a crime fighting or service officer posture. We believe that, of course, all those intangible, we believe that they are having a tremendous effect on the prevention of delinquincy in crime. Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Mr. Andrews: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Now, who are these? The school resource officers. School resource. Oh, yes. Now, we have a total of 16 people assigned to that job, and they're in nine of the junior high schools and in one or two of the senior high schools. We believe they're doing a tremendous job. We really don't know to whom the greatest credit accrues or benefit - whether it be the school system or not. It's conceivable that these school systems think enough of this program to maintain it through a financial subsidy. If they were to do that, it might provide funds for us to have additional people. Put that down, Paul. We ought to go see them. I've already got it down. Let's go to see those people. It's only a suggestion. My point is simply this - that although we call some of these assignments administrative, they are contributing a great deal to intangible aspects of crime control. No one can measure the effectiveness but we know it's good. See, the problem is - I see it again as a non -expert from the outside looking at the effects of it - I hear it from people. For example, we have something called the Community Relations Group, right? That's what I'm talking about. 83 NOV211973 Mayor Ferret Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Mr. Reboso: Community Relations? Now, how many men are in- volved in Community Relations? In the total, there's approximately 25 people in it. All right. Now, I have heard from a lot of different people in the community that they do a tremendous job .. that the effect that these Policemen have on the people is tremendous. But then, the next day a Policeman who's not part of' the Community Relations operation comes by and he's doing his job, you know, and he's a little bit rude or a little bit rough or a little bit something or other and all of a sudden, all the good that's been done -people forget that right away and they say - look at this situation that's going on here, you see, and the point that I'm trying to make in all of this is this is fine and I'm not in any way de-emphasizing the importance or the impact of those 25 men but, by God, when we're having a 20-30% increase in rapes or muggings or murders in certain parts of the town, shouldn't we really try to say now, how can we pull some of these men away from the desks and reduce a little bit some of the administrative paper work. On an emergency basis, we recognize - it's a question of priorities, you see. I think that's the way to put it. That's what I'm trying to say. Isn't the priority, if we're having this increase in criminology or crime or what- ever it is, in some of these sectors, shouldn't the emphasis really be in getting people out there rather than in continuing programs, as meritorious as they maybe, that tend to take people away from that direc= police contact? Let me put it another way and this is a question. Couldn't we, during this period,hire 20 civilians which we don't have to spend six months training that are responsible people. I'm sure, Paul that we could get tham from within the City itself, from within the administration. Couldn't we hire 20 people and in two or three weeks have them doing paper'and administrative work and relieve some of these trained Police Officers to go out into the field? Mr. Mayor, I recommend it, in my address, that we hir 28 civilians immediately and that - Wonderful. ---and that we immediately release 28 Police Officer for street duty. Now, I qualify that by saying that it would be about 6 weeks because it would probably take up to 6 weeks to process and give them limited training' necessary. Chief, Commissioner Reboso has a question. Chief, can you tell me in the Miami Police Department how many people do we have in the Identification Uni Chief Garmire: In the Identification Unit? 84 NOV 211973 Mr. Reboot)* Chief i Yee. Garmire: I believe I can give that .. Chief Fox is here - he might be able to give that off the top - the tip of his tongue. Mayor Ferre: Mr. Andrews: Mayor Ferre: Mr. Plummer: Mr. Reboso: Chief Garmire: Mr. Reboso: Chief Garmire: Mr. Reboso: Chief ^ % °^1i re : Mr. Reboso: Chief Garmire: Mr. Reboso: Chief Garmire: Chief, while you're looking that up, I would just, for curiousity sake, like to know how many people that are here in the audience are with the Police Department. Would you raise your hands, please. (Counts - one, two, three,etc.) We've got about 20 Police Officers here, for this hearing. Now, is that completely necessary to have 20 men here? Mr. Mayor, I think that you'll find that most of these Officers or I suspect that they're off duty and they're here because they want to be here and are curiods to know what's being said about their department. How many of thQ Officers that are here are off duty right now? How many are on duty? Andrews was right again. Chief, do you have those figures? Are they more than 30, by any chance? Are they what, sir? These Technicians, how many are they? Are they more than 30? There are 30 civilian Technicians. Okay. Can you tell me what is the reason they are not allowed to carry a weapon? Right now? They are not Police Officers, sir. They're not sworn Police Officers . Because as far as I know here, they say they are now receiving some protection by the uniform Police Officers. Yes, sir. And if they get the permission - the permission is granted to carry a weapon, it would help to relieve the uniform officers of this protection in certain areas and give them more time in their regular patro duty. Do you think that it's possible - that they attend the Police Academy or something like that? This has been a subject that has been discussed and pretty well resolved prior to my coming here. It is inadvisable to arm these people in our opinion. They are not Police Officers and even though they contend that they might be able to protect them- selves, it's questionable. Furthermore, they are to assist the Police Officer at the scene of a crim To collect the necessary evidence, that may be there and under the direction of a Police Officer. 85 .NOV 2 11973 Mr. Reboso: Chief Garmire: Mr. Reboso: Chief Garmire: Mr. Reboso: Chief Garmire: Mr. Reboso: Chief Garmire: Mayor Ferre: Mr. Plummer: Chief Garmire: Mr. Plummer: Mayor Ferre: Mr. Plummer: Chief, what happens when they arrive to the crime scene before the Police Officer? I would question that they would do that. Very often. Is there any danger without a weapon themselves? Not necessarily. No more than the average citizen would be in danger, sir. But the point that I'm trying to make - the Mayor is trying to find 20 more people - I think if we can give them marked Police Units - 4 or 5 marked Police Units, they can relieve the Officers - Well, I don't think it would be quite that simple. Mr. Reboso. I think that we would have some real conflicts with the Police Standards Board or the State' of Florida and I believe that we would be asking for a considerable amount of trouble and ultirately we would have a contention on our hands so far as retirement benefits and various other aspects. It was pretty thoroughly examined just prior to my coming here and the ruling at that time was defin.tely that these people, being civilians, technicians, are in the supportive role to the Police_ And assis.: the Police. The Police Officer is supposeL to take charge of the crime scene and supervise the collection of the necessary evidence. I see. You don't agree that they should go to the Police Academy for 9 weeks and be ready to carry a weapon and assist the Police Officers? Not at this time. I would be glad to reconsider it and look it over again but right now I'm not in- clined to agree with that. Chief, I want to get back to the 28 men - civilians at the moment,'but lets - Mr. Plummer has a question. Thank you, Mr. Mayor. I hope I can be brief. Chief, I didn't have a calculator as you spoke. You out- lined the approximate cost, detailing those things that you thought that could be done to help the problem. I now ask you, since I read with great surprise in the newspaper that the City of Miami was in great financial problems, what is the total cost as of the plan that you have put forth today? This would the number of men that we were talking about. Chief, I want a total figure of everything that you asked for today. Twenty-eight Police - I mean men to relieve - that was $300,000. Mr. Mayor, if you please. I asked the Chief a very simple question. He put forth certain proposals tha he feels is needed to alleviate the problem. I now ask for a total cost figure. Chief Garmire: Of City funds needed? 86 NOV 211973 I !' Mr. Plummer: Chief Garmire: Mayor Ferre: Mr. Plummer: Mayor Perre: Mr. Andrews: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: Chief Garmire: Mr. Plummer: Of City funds. Yes, sir. What you will be asking this Commission to provide you with. $290,000 for 28 civilians to release 28 Police Officers. Between $20,000 and $25,000 which would purchase the necessary equipment tr) provide the additional 3-wheeled Police Officers. The hiring - the filling of our compliment of authorized strength which calls for approximately, according to our figures, about $360,000. Those are the monies that I would be requesting - Now, wait a moment Mr. Mayor, please, may I IMO OM eh. It's very important because part of the vacancies that he's talking about are already authorized in the budget. No, they're not. Not that many. Mr. Mayor, may I finish with my question? I waited till you were finished, sir. Now, Chief, is there anything else? If I had these things, sir, I think we could make an appreciable improvement. So, what you're asking at this time is is that correct? Yes, sir. $675,000, All right,, sir. Now, my next question is Mr. Andrew's. Sir, do we have the money or don't we? We do not, at this moment. All right. Where are you going to find it? Well, that's what I wanted to get to and if the Commission is prepared to discuss it, I'll be glad to - All right, I'll hold up and renig until that time. I have some other points, Mr. Mayor. Chief, if I may, you know, one of the points that you brought out and I don't think you were inferring by any means that the situation is not bad. I didn't read that but I think if I read correctly you feel that it is being overplayed in the press. Did I read that correct? Or am I near correct? I think there's an inference from the average reade that, in many instances, the situation is worse tha it really is. Okay. I think we're along the same lines. Now, yo talk about short-range proposals. We're basically talking about the downtown area, and the immediate need - right now. Now, you know, all of the people have read in the paper, for the last seven days, ;r 87 NOV 21 i97 • Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: about the problem downtown. and t see in this audience a great representative of the downtown people who wait all year long for the Christmas Season. A great number of these people make or break their year based on the Christmas Season. And now you have made a proposal that I think the shortest thing you have proposed is twelve weeks, which, without any calculation, carries us beyond the Christmas Season. Now, my question to you is this - that is not what I consider short- range. I am asking you, Chief, based on whatever possible, what can we implement to change the con- cept or picture in the downtown area by the first of December? Now, what I guess I'm saying to you in so many words is - do you have or can you find adequate personnel within your station that is not now on the streets to put them on the streets of downtown Miami so that the people can go downtown without fear during the Christmas holidays? The answer to your question, frankly, is no. I can not ever guarantee a person that he would be abso- lutely safe anywhere in the community. Now, I would like to bring the downtown areas in perspectives so far as the assignment of personnel is concerned, on a Tuesday or a Friday, which are representative days of assignment. We have, on a Friday, for example, during most of the day, in excess of twenty units assigned in the downtown area, giving direct service.. It peaks out with 21 on Tuesdays, for example. I use' Tuesdays and Fridays as a representative example. Of 21 Police Units in the immediate downtown area, we have almost a saturation of patrol down there, far in excess higher than any other area in the City. Are these in automobile patrols or are these people walking? They are foot patrols, three -wheeled men and in automobills. We have everything - all forms of patrol. :low, it is conceivable that we could put some additional people down there. We could change our method of deployment and we can bring in our canine units and patrol some of the more sensitive areas down there. We intend to do this. And, as a matter of fact, we intend to do it very shortly, so that the Christmas Season or the Christmas shopping season can get a more protective atmosphere so far as the Police are concerned. I think we can be some what effective in this way. But, to take people out of the station, as it were, will greatly reduce the effectiveness of the Police. We must have the support. This is, I think, an overlooked factor of the Police service, that we've got to have the station support in order to keep those things which are necessary to run, in station so that the men in the field get the adequate support that is necessary Chief, I don't want to get into a situation where I am in any way antagonistic or shrill or that I sound like - you know - but I don't believe that you meant to say, I hope you didn't mean to say, when you answered Plummer's question, that you think that the NOV 211913 Z. 88 Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Rev. Gibson: Mr. Plummer: situation is exaggerated or is not as bad as is in people's minds. Mcw, I'm reading from yesterday's newspaper and it says here that through August, in the City of Miami, official figures are: Murder ins creased 13.7%; rape, 16.9% assults, 12%; burglaries, 16.2%. You know, my God, here we are, and as you say, Miami has one of the worst criminal records historys in the Nation and I'm not .. Los Angeles, Las Vegas, Miami, whatever it is that these metro- politan areas that have these high crime statistics, but when we find out that through so far this year, through August, we've had 16.9% increase in rape, and 13% increase in murders, my God, certainly we have to say this has got to be a high point in our very bad historical criminal history. Have we ever been worse than what we've been this year? Yes, we were worse. What percentage -wise in rapes and murders - In 1970, we were, yes. Let me say something here. We have a bad situation in the City of Miami and I don't mean to imply that it isn't bad. And I de- plore it and certainly want to do everything I can professionally or humanly to do - to help reduce this rate. I will and have, I believe, addressed the subject to the best of our abilities, in de- ploying people where the need is the greatest. And, we are making adjustments. As a matter of fact, we made adjustments as late as two weeks ago, to try to get more emphasis in those areas where we believe it was needed. And, we will continue to do this. Chief, have you made a statement recently that the number one problem in crime in the City of Miami was prostitution? No, sir. I didn't make that statement. It is a problem of considerable magnitude. You have not made a statement that the number one problem in crime in the City of Miami is prostitution You have not made that statement? No, sir. Mr. Mayor, let me ask a question. Oh, I'm sorry. Go ahead. Let's get,back to my thought, if I may, Chief. And everybody's hitting all around it but I'd like to come rights down to a question if I may. Chief, one thing that I can't put any blame on anyone for and I think it's something we're overlooking tremendousl One of the things, and I think you touched on - the terminology - undesirable element - and it does exist in the downtown area and let's not discount it I'm speaking about those unfortunates that are alco- holics, I'm talking about those people who are the panhandlers, those people who are the prostitus, and people you wish to group them all as undes Table elements. Now, I know for a fact that your men clean the streets on more than one occasion and NOV 211973 89 • 1 1 sometimes I don't think that it's not cleaned well enough. But the point that I'm making is this: the one repeated thing that a Policeman tells me is true that he puts them in jail tonight and he's back out on the streets tomorrow. Now, 1 don't know that there is an answer to that. But, you know, Chief, a drunk doesn't have to walk down the streets and knock you in the head to make people want to stay away from that element. People don't have to come up and have somebody stick their hand in their pocket panhandling as an undesirable element. So really, my question to you is and I'm assuming that your answer is the same - what can we, as the Commission do, to clean up this undesirable element that does exist? Is theyn anything that we can do; is there anything that you can do to clean up this element? Chief Garmire: Commissioner, what you said is so true, and I'd like, if I might, just state a couple of statistics. To give you an idea that we are cognizant of the pro- blem you're talking about - the undesirable - if you want to call it that element - Mr. Plummer: I used your terminology, Chief. Chief Garmire: Well, I would reiterate, undesirable element. I referred to that in my opening remarks as the vacuum cleaner approach. which, Gt one time, the Police uset_ in rather copious amounts, throughout the United States of America. But then came the Supreme Court rulings - the elimination of a n►unber of laws. For example - vagrancy and loitering 'aws were virtually eliminated from the books. We're n?t�ecessarily being critical of that. It was, at that time, a vacuum cleaner approach. But, in the last year, we have arrested 384 for the crime of prcstitution. The average fine was $24.84, and the :average time spent in jail was six hours. In addition to that, in related areas, there were 101 people arrested. Exclusive of public intoxication, and vagrancy -type of crime such as panhandling. We do sweep the area contrary to our better judgment. We do it, however, because we are trying to keep the area reasonably clean. We sweep the area as of this time. If we were to sweep the area as of 5:11 this afternoon, tomorrow we could sweep the area and sweep the same people back up. It is true it's a revolving door process and we don't seem to be able tc accomplish very; much. What can be done so far as the community it' concerned? There is a new act which we're trying to cooperate with the implementation of - the Myers Act, which indicates that a person under the in- fluence of liquor is not necessarily drunk. He is ill. We're taking them to specially selected and designed places of detoxification. Hopefully, this will detoxify them to the extent that they can get some meaningful employment and support themselves and get off the streets and become a useful member of society. But so long as the Police, which is the inceptive stage of the criminal justice system, is not supported any more than it has been in the recent pant, our work is not going to be very effective. Mayor yerre: Supported by whom? You mean, by the Courts? 90 NOV 211973 • Chief Garmire: By the rest of the criminal juatire system. Mr. Plummer: well, Chief, as 1 understand it and you correct me if I'm wrong - 1 understand that the Myers Act •- that they took over the Live Oaks Convalescent Home. is that correct? Chief Garmire: That's correct. Yes, sir. Mr. Plummer: I understand that before they even opened the doors, the place was filled. Chief Garmire: That's right. It has not been very successful, so far. Mr. Plummer: Do you have any proposals to make to this Commission which we can do to alleviate the situation? Chief Garmire: I don't that this Commission - I think it transcends the ability of the Commission. In spite of some criticism to the contrary, these are socio-economic problems that have to be addressed by maybe the Commission. I'm not sure. But - the Police cannot do it when they are circumscribed by legal pro- cedures and certainly we would have it no different. But these are elements of society that must be reckoned with. How they can be effectively re- moved from the streets as it were, I really don't know the answer to, sir. Mr. Plummer: Thank you. The last thing that I would like to comment on, Chief, I think the dialogue here today is a start. I think it needs to be. Mr. Mayor, I hope, with your concurrence and that of my fellow Commissioners, that the Chief, until the time has passed of crisis and the implementation of these things that you have asked for and I will be ready not to leave here today until we find the means to provide . I hope I make that very clear, to you, that the last meeting of every month that the Chief come forth to us and give us a status report of where we stand until this crisis, if you can call it such, has passed. I think it's some- thing that needs to be done, that we, as Commis- soners can be informed and as well as the general public can be informed, to know that we're not sitting by idly doing nothing; that we are, in fact, trying to correct the situation as it exists. I would suggest that. Mayor Ferre: We'll get to some resolutions, hopefully, or imple- mentation of policies later on. We want to hear from Mr. Andrews but I think, Father Gibson, do you want to ask some questions and then Mrs. Gordon? Rev. Gibson: Well, maybe I want to ask a question and also make a statement. Having read all of the questions of the Chief and the report of the Chief, you know, I'm reminded of an expression we use in religion - "Revive thy Church, Oh Lord, beginning with me". J,L., don't you leave now. I want you because you're the last man to take care of us. "Revive thy Church, Oh Lord, beginning with me". You know, 91 NOv 2 / 1973 one ths:ng I noticed here and another thing I picked up on the campaign -trail is this. Maybe we who sit up here, talking about we must start first, maybe we need to start saying to all the people in this building, and when we coo to your office and when we see those Policemen in the cars, maybe we need to say "Good Morning; Good Afternoon; Good Evening". I'm not so sure you don't have to have no money to do that. I wonder about inter -relationship with us and you and you and those men. I went to a radio - television station about three weeks ago and I was amazed I was aghast everybody who walked into that television station that worked for the television etation and I'm not going to say which one, lest you think that this is a commercial, everybody would say Good -Morning, how are you. I came out feeling that I had been in one of the most friendly atmospheres in the world. I venture to say and I'm not a betting man, a dollar to a donut, the Mayor doesn't know - I venture to say - nor any of us. I've been on the Commission about April, May, June, July, August - see, I'm a slow learner, September, October, November, I've been on the Commission 18 months and I'm sure I couldn't tell five - six of your leading men. I couldn't tell you. What I'm saying is maybe, if we vibit our- selves and those men knew we were looking over their shoulders, we can't run that Police Depart- ment for you. We don't propose to do it. But if they knew that we were that interested, some of those men would either shape up or ship out. Some of the things I've seen in the paper about them don't please me at all. See, you can't do it alone. I wonder and I'm going right on. I'm going to preach this sermon right now. I'm wondering whether or not Mr. Andrews, since he's the leading administrative man here, if he speaks to the people on his staff when he comes here in the morning or in the afternoon. Or during the day. I'm not asking that question. I'm just raising the thought that if you don't do it, you'll start in the morning. And I hope that when we come down here for a meeting, I'll tell you this, when I came here, 18 months ago, I didn't find anybody in here speaking to anybody. I was even afraid to speak to people. That's right - and I'm a black, you know, so I'd be the first to speak to white folks. And you know, I want to tell you something, I'm a little comfortable around here now because I started speaking to everybody. I shake hands. What I'm trying to say is we, from up here, could set the tones and start the ball rolling. I'm not going to put it all on you, man, no, no, no. I hope this is a warning to the five of us who sit up here. Maybe we need to pay you a visit once a month or every so often so you could know that we haven't forgotten you, man, and if yo know we were coming around, some of those doggone Policemen who cuss and kick people around or some of us, the Commissioners, who cuss and kick the Policemen around, will not do it for fear they don't know when we're going to show up. That's all I'm saying. Now, we don't need no money to do 92 NOV z1 973 that. We already paid and that can be done for free. 1 challenge this Commission, Mr. Mayor, I challenge you -- when you come down here to- morrow morning or any other morning, that you start saying to all those folk up there, all these folk around here, Hey, Good Morning. I'm going to shake hands with them. You'll change the tone and tenure of this building. People come in here and 1 know they feel awfully bad - they feel isolated - they feel like they've been thrown, into the refrigerator. Now, the people like them may not know what I'm talking about but we know what we're talking about. And this is a foul comment. To show it has some bearing, I try to get here before the time to say the prayers - I'm not always here before that time. One morning, I was late. Just barely made it here. And about mid -morning - about 10:00 - 10:30, we took a break. I spoke to the men over here - the men over there and around 10:00 - 10:30, I said How are you today? They said, we're alright - we missed our Good Mornings. That told me something. I decided I wasn't going to come down here late any more. That I was going to make it my business to get here on time. You see, I heard us talking about the hardwares - the mechanics - the mechanical device - the computor - I had to learn because I thought that whatever comes out is right. But I found out that the computor only brings out what you put in. If you put nothing in it, you get nothing out of it. And it might well be that we need to stop placing all of our hopes on hardware - on - what did you use - you used another term - not hardware - was it technology - meaning, you know, instruments. 'Maybe we need to, in addition to using instruments, put some humans in it. We'll start right from here and if we start from here, the conclusion is, Mr. Mayor, maybe the Policeman will start on the beat, speaking to the people on the beat. And maybe he'll find a friend on the beat. And maybe when he's trying to solve some difficult problems, the fellows would know him by name or they'll have a little trust in him because they are just trying to warm up to the man - but they'll be ready - they would have already warmed up to him and maybe they'll help to give him some leads. Mayor Ferre: Chief, just so that we all have an idea, I gave Paul Andrews a copy of some of these questions. Let me, so that we can see how long we're going to be here, rattle off the rest of my questions and then we'll come back and take them one at a time, or if somebody else wants to ask some. In recreational areas - I'm just going to rattle them off and then we'll come back to them. Okay? In recreational areas such as Bayfront Park, on evenings, week -ends or late afternoons, can we have a man walking in Bayfront Park? In Bayfront Park, can more telephones be installed in strategic locations with direct emergency lines to the Police Department? Can we install a cadet or a rookie 93 Nov 211913 system where we can have non -armed officers available for some police tasks. In other words, is there a way in which we can get a different category of Policemen that would do some Police functions but not all? How can we get sword Police Officers to be more on the job outside of the Police Department - that is, spending less time on administrative paper work? Well, we've already touched on that a little bit. What legis- lative action can the City of Miami Commission take to improve the procedure of time taken by the Courts of our Police personnel and sworn officers? How many Majors and Captains do we presently have? What's their pay scale? Are their jobs commensurate' with their pay or with their pay scale? Or does Civil Service protect them from being fired and because of their qualifications or lack of quali- fications, in the opinion of the Police Chief, are not being used in respective ranks - I'm talking now specifically of Captains and Majors - 18 - and I'll tell you, someone wrote me a letter here and it specifically mentions some names. Why three veteran Policemen Captains with over 80 years experience, making approximately $25,000 a year each are being used as record clerks, general information officers or being used to inventory furniture in the Police Station: Captains Esser, Elmore'and Mallack. I don't know any one of these men. Eighteen. In the past month, have there been other cases of rape by Police Officers that have not been reported? That's a simple one to answer, I would imagine. Would you answer that now. Chief Garmire: The last one - have there been other cases Mayor Ferre: Have there been other cases of reported rapes by Police Officers in the Police Department that have not been reported to the public? Or have not been reported for any reason. You know, there might be some very good reasons for that. Chief Garmire: There was an allegation here about a month ago which was thoroughly investigated and totally unsubstantiated. Mayor Ferre: There are no other cases, other than that one? Chief Garmire: None that I know of. Mayor Ferre: In the last 30 days? Chief Garmire: No, sir, other than the ones that are currently being considered. Mayor Ferre: All right. According to newspaper stories, in the majority of Miami, certain types of violent crimes have increased. Yet supposedly, high intensity lighting is supposed to reduce crime. Does the increase of violent crime, in high intensity area, mean that lighting does not re- duce crime or does it mean that we would have had 94 40 i i Chief Garmire: Mayor Ferre: a much higher crime rate if we had not had the high intensity lights? In the areas where these crimes increased? What morale problems exist in the Police Department that can be remedied? Is it the policy of the Police Chief to answer all calls, all requests, and meet with citizens .. any citizens - when requested - either he or one of the Majors of the Police Department? Is there a reporting system to the City Manager and to the Commission on violent crimes? For example, in the Army they use SIR as a serious, incident report. This is to include the people involved, the day, the time, the place or any information that would be considered relevent. This is only for capital crimes -murders, rapes, felonies. And I'm talking about the filing of them within a twenty-four hour period so that say, I think it's important. Here's what I'm trying to point out in this question. I'm not trying in any way to belittle the impact of your job or the import- ance of it. But doggone it, if someone gets raped in this town or someone gets murdered in this town, I think that's an important enough thing for Mr. Andrews to know about it every 24 hours. If we had 2 murders yesterday, I think Mr. Andrews should have a specific SIR report on his desk the next day, by noon. Or if perhaps we might want to include, as Plummer said, at certain inter- vals, even the Commission. I think that we ought to tell the people of Miami that as long as we're having these high rates of crime, that it goes even to the Commission level - that we're being informed every day who got murdered yesterday and why and how it happened and what's being done about it. I mean, so that - obviously we're not going to solve the crimes but I think the impact of it is to show that we have the concern of wanting to follow it on a close basis. Or perhaps it would be limited to just the Manager. What is the Police Chief notified about? What is immed- iately brought to his attention? In other words, when there is a rape, is this brought immediately to your attention? Or - does this go to a Major and a week later, you hear about it? In a written report. I'd like to know that. Are you in every day - personally - and these matters should also be brought, I think - stated, to Paul Andrews level. Now, I want to ask you and this is another one of these questions I hope you can answer very quickly. Chief, to your knowledge, has anyone in the Police Department ever been involved in illegal wire -tapping in the last 60 days? Absolutely not. Okay. I've got two other questions that were written in to me. I think you mentioned about the canine forces. Why can't several members of the canine corps in downtown Miami and on Biscayne Boulevard up to 12th Street on foot patrol? This has been successfully used in Pittsburgh and in Boston. The merchants would be more at ease and 4o would the citizens, seeing officers with their canine partners on foot patrol. That's the question. 'Now there's another one here which, I 95 Nov 2 i 1973 • • i 1 1 Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Mr. Andrews: Mrs. Gordon: Mr. Andrews: Mayor Ferre: Mr. Andrews: Mayor Ferre: Mrs. Gordon; guess, speaks the policy. You were talking about policy and upholding the law or not apprehending criminals by breaking the law and t think that's the attitude we ought to take. But for example here, here's a specific question that someone wrote me. There was a memorandum issued about breaking and entering in progress. If the Police Officer answers the call but by obeying every traffic signal en route to the scene y Is that so? When there's a B & L report, is there - does the Police Officer have to stop at every signal light? No. That's eroneous. Okay. We can answer that by saying we have restrictions on the driving. And we hope that they would obey them. Some of our collision rates indicate that they may not be, however. Those are the main questions that I have written out here so that you know what I'm going to be asking about in the next half hour or whatever time it takes. May I just get one thing clarified? May I ask a couple of questions? May I just get one thing clarified? Mr. Mayor, you made a statement that I wish you'd clarify, so there isn't a misunderstanding, on the press, which would devaluate this process. Would you announce when you gave me the questions that you 41•0 Mir Oh, yes. I'm sorry. I talked to Paul Andrews yesterday and told him that I would give them to him this morning, which I did not. I just gave them tb him very recently. And I want to make very clear that I don't expect for these questions they're all new and I understand that, Paul. I didn't mean to imply that either you or Chief Garmire had these questions prior to this --- That's what I wanted to clarify. To make sure that this wasn't something - that you had given us the questions in advance because I purposely didn't even look at the questions. They're here in my folder. Okay. Well, in other words, this is not one of these deals where you and I got together and made up all they questions or that you - and the answers or anything. Okay. I'm glad you asked that question. I'd like to ask a couple of questions. I've been pretty quiet about this whole thing. And, I've been listening and absorbing your information and I want to ask you if you can tell me - this 16.9% increase in rapes which I heard the statistic mentioned before. Is that for the year 1973 and are these all cases that were founded or did they include unfounded cases? 96 NOV211973 : 1 i Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: This report that is reported in the newspaper includes unfounded cases also. The 16.9% includes unfounded cases. This is reported. The investigation of these cases, I can't give you the exact number of founded cases so what they are reporting in this article, I think it indicates it in the article, that these are reported offenses which have not yet been investigated and verified as actual. So, they include unfounded then statistics that are not: verified. It could be, yes. Haw about in 1972? Was there less than that? Yes, ma'am.There were less. Can you say how many unfounded rape cases there might have been in 1972? I don't have that information available to me at the moment. No, ma'am. I can get it for you,if you request. I will see that this is given to you. All right. I'm going to ask a few more questions and that's just to clear the air. I wanted to ask you if there's been any recognition of Lt. Stark's professional manner in handling the case that has been publicized. He should be, as I understand it, commended. Lt. Stark has been personally commended. He has not yet received ea commendation in writing. It is our procedure and policy that whenever a man does an outstanding piece of work, that he is commended by a written commendation. You answered Mayor Ferre's question that he asked you which I would have asked you. Have there been any other complaints against any other Police Officers with regard to rape? And you answered there was one that was unfounded. That's right. And that was the only one? That's right. Over what period of time? Within the last month or six weeks or well, I don't recall any in the immediate past. Ever? No, ma'am. These cases which have been investigate1 and are being investigated are the first to come to my attention in the last 60 days, or any period of time prior to that. 97 NUV 2 & .t1 Mrs. Cordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Mrs. Gordon: Chief Garmire: Well, you're asking me about 60 days and I'm asking you to answer me on a longer period of time. I'm saying prior to these most recent cases, there have been none reported to me. At all? No, ma'am. To the Department To the Department and to me. These, naturally, are very, very serious allegations, and they are reported to me just as soon as they are received., And there have been none, I would assume. That's right. The one that was an unfounded - did it involve any of the persons involved in this allegation? No, ma'am. • May I ask you a simple question? About the in- dividual - the girl who was involved? She was brought in about 4:00 in the morning. When was she taken for examination? I can't answer the question. I was not here at the time. I don't know when she was taken. Presumably -it's certainly to the advantage of everyone concerned to get them examined as soon as possible, medically. Well, it may or may not be fact but I have been advised and it may not be authentic information, but she was kept from 4:00 to 8:00 at the Police Station before she was taken for examination. And if you recall, like all Commissioners do, at our last meeting, we did pass a resolution directing that rape victims be taken for examination before interrogation. I don't recall whether one was before the other -, whether the resolution preceded the incident or the incident preceded the reso- lution. I don't know either. I believe, however, that the resolution said the victim or the alleged victim is to be taken to the rape center or for exam- ination before --- Yes, of course, when it is completed --- It has not been established yet. Now that, of course, does not mean that we should not be taking them immediately. I can tell you as a rule -of - the -thumb and certainly the policy of the Depart- ment to get the individual examined at the earlies possible time. Now, it has been the procedure to talk with them for at least a short time before they are taken over/ while arrangements are 98 NOV 211973 • 1 i 1 Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Andrews: Mayor Ferre: Chief Garmire: Mayor Ferre; Mr. Plummer: Mayor Ferre: Chief Garmire: Mayor Ferre: being made for the ekamination. Certainly there is no reason for it taking 4 hours. Chief, it is my understanding that these five men that have been accused and I'm not in any way implying rightly so or otherwise - I understand that they've been relieved of duty but with pay. Yes, sir. I also understand that they've refused to take a lie -detector teat or to permit the State Attorney to interrogate them. Is that correct? Chief Garmire: They refused to waive immunity, as I understand it, at the State Attorney's Office. And:they also refused to take a lie -detector test. I would have to double check on that. As I understand it, that was the reason this was taken to the Grand Jury - which I think it was was it this morning or yesterday? Next Tuesday. I believe it's next week, sir. Well, if an indictment were to come from the Grand Jury, what would be the policy then of the Police Department? Mr. Mayor, I think we're on very thin ice. We're making some statements here that I don't think should be made. You know, the one thing that I'm very careful of - the man is innocent until proven guilty and I think that unless you have a specific point tD bring out, I think we're dwelling on very thin ic, in publicizing this matter. I'm just asking that what is the policy of the Department in that case. I'm not saying that that going to be the case. Mr. Mayor, the stand on your question and make it more general and say that any case that goes to th Grand Jury for - - - I stand corrected. in a case where the man goes to the Grand Jury and there is an indictment, then what is the procedure with regards to those men? Disciplinary action is taken, most generally. The individual is given the opportunity to resign from the Department. If he does not resign, then we usually take dismissal action. This is subject to appeal by the Civil Service Board. All right. Can we get to MP OPP Let me ask two short questions, if I may. Chief, in what you refer to as Point Control, how many men do you have in the 30 and 40 Sector or Point Controls only in 40 Sector? On Saturdays. NOV 21191 99 Mayor Ferret wait, just for clarification the 40 Sector ,i is that - Mr, Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: That's the downtown - the hard-core area. Maybe 1 shouldn't have said hardi►core .i the downtown area. My terminology is bad. I can give you the deployment on Tuesday and Fri- day and this would be representative of Saturday assignment also. Thesecond question was going to be Sunday also. Sunday it drops off appreciably. There is con- siderably less coverage there because there is considerably less traffic there with pedestrians, automotive - other types of traffic. How many beat men do you have downtown? Let me be more specific, on a Sunday. On Sunday deployment downtown, - Chief, the reason I'm asking the question and maybe I'm being selfish but let's put it right on the line - you know, when I say this question, I'm saying it not only for J. L. but I think other people also. I was baptized and confirmed and everything in Gesu and I still attend Gesu Church. Now. I can tell you that my Church as well as the other churches, which I have heard light complaints about, that in fact, we have no men around our Church on Sunday. Now, I use, for the example, and I don't mean to be dwelling on the undesirables, but Sunday past, I was at church for approximately two and one-half hours and during that period of time, the ushers ran off undesirables of at least a dozen. Now, I'm speaking to alcoholics, pan- handlers, and things of this nature. It has been called to my attention that every evening, at Gesu as well as at White Temple and Central Baptist, of all of the great amount of litter that is left by these undesirable people. You know, the Gesu Church downtown and I'm sure it goes to the other churches, draw from Al over the City of Miami. What, specifically, can be done to clean this matter up there, if anything? As far as the Police are concerned, is the re- peated arrest and taking into custody of these people. This is about the extent of what the Police can do. The vacuum cleaner tactic. Well, Chief, don't you think that we maybe would want to give more consideration to buying a few more vacuum cleaners? We just happen to have a restriction which is known as constitutional rights. I understand that and I understand that people - it's a determinant factor on the street - That's right. NOV 211913 100 a Mr. Plummer: Chief Garmire: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: �► --that the Policeman - but there's my point that the Priest at Gesu tell me that they don't see that much of the Policeman - that if the Policeman► was there, in fact, that he could make the determination if a man is over the line as far as an alcoholic. It doesn't take a determ- inal factor as to whether a man is panhandling. That's something he either does or he doesn't. This undesirable element - whatever it be - is keeping people from the churches in the downtown area and I think we must address ourselves to this problem because it is a real problem. Mr. Plummer, we are arresting more and more of these people. Now there may be areas and I know Gesu Church has been the scene of a number of unfortunate incidents and the immediate area there is, I know, from time to time, permiated with so- called undesirables. We are making more and more effort to try to keep the area clean. This means that we arrest them - we take them into custody - we put them in jail. Again, we'll go back there, the next day, the same time and pick up the same group, take them to jail and this will be a con- tinual revolving -door process. I don't know what the answer is. I know that the Police are handi- capped to a certain extent by the so-called constitutional rights of these people. This is not to deter us from repeatedly taking them into custody, and I can assure you that Gesu Church area is getting more attention today than it has in the past and we intend to give it more attention Fine. Thank you. All right. If the Mayor is - let me - let's go along unless anyone else has questions. Let's get back down now to the nitty- gritty. The nitty-gritty as I see it is $675,000. It's about $800,000. Your mathematics are bad but mine aren't. They're not bad but we don't have everything added in here. You can't add principally $650,000 in people and $25,000 in equipment and not adding all the other overhead costs involved with people. So you're going to have to add about $200,000 or so to that $150,000 so we're talking closer to $850,000. Okay. Fine. Now, Mr. Andrews, we don't want to play with figures so let's get down as I said before, to the nitty-gritty. You're not going to take and put in tomorrow all of the vehicles. You're not going to put in tomorrow, all of the people. What do we have to furnish to the Chief right now, before we leave here this evening, to dig down and shake out the coffers and find out where we're going to get this money? Well, there are four possible sources. Let's hear them. NOV 211973 101 Mr. Andrews: Mr. Plummer: Mr. Andrews: Mayor Ferre: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mayor Ferre: Mr. Plummer: The first is within the budget itself which 3 don't hold any hopes for whatsoever. That is, looking to the budget itself in the hopes that there would be monies somewhere within the total City operation. because of the way the budget is funded, we have actually a $75,000,000 budget funded with $73,000,000. We took about $2,000,000 in vacancies d. terms of vacancies that would occur all year long and used that money back in the bud- get so on a day-to-day basis, we're anticipating that there would be about 225 vacancies in the City every single day and the accumulation of these funds are reprogramed into the budget. So when we start filling the Police vacancies, we compound this problem, but that's beside the point for a moment. Let's talk positively. Let's don't talk negat- ively. Let's talk positively. Where's the money coming from? All right. The next area that we can look to is that by the 20th of December, we have been told that we should hear from the Federal Government as to the $10,000,000 in applications that we made for sanitary sewer grant funds. These are sewers that have already been constructed. The Federal Government, through HUD, has viewed that we are eligible for this. We went through a crash pro- gram that I described to the Commission in the application, even sending a person with the appli- cation - - - When are we going to know, Paul? By December 20th. But how much? It may be a million dollars - it may be three million dollars - it might be five million dollars So this is one area I feel reasonably confident that we can look to. The second is that on Jan- uary 1st, 1974, we will receive an additional allocation of Federal Revenue Sharing Funds of $1, 900,000. This is a quarterly allotment. How much of that is unallocated? Well, you have passed a resolution devoting most of these monies to the purchase of future equip- ment for the City based on presentation that I made to you and as a planned use. It's not committed. It's simply a planned use. You can change that plan any way you want to. Mr. Andrews, let me just tell you as one voice on this Commission, I am for equipment and I am for all these things but the number one problem in thi community is crime. And as far as I'm concerned, you find the $675,000. It's gone up, Mr. Mayor. It's now $850,000. NOV 21973 102 • Mayor Ferret $800,000 - whatever it is .• and you tell us when it will be available and how you're going to get it and Chief, I would like for you to come back to this Commission on the December 13th meeting and tell us - and tell us how you plan to cut all these twelve months and twenty-four week programs and have, hopefully, better - you know don't tell us why you can't do it but tell us how you're going to do it. Mr. Andrews: Mr. Mayor, let me finish one more area because this is an area that I, as your City Manager, need your assistance and this is in the entire Commis- sion and the cooperation of the Commission. I kee: bringing this up and it's a very important area and that's State Revenue Sharing Funds. This year the City of Miami received $2, 350,000 less than we should have anticipated because of the State Revenue Sharing Fund. Mayor Ferre: Mr. Andrews, let's get on the next airplane on Tuesday to Tallahassee and request an emergency hearing with the Cabinet and let's ask the Govern- or to put us on the agenda so that we could be heard. Would you do that? Mr. Andrews: Sure. Mayor Ferre: And I'll be available anytime to go up there with you and lay this right on the line and just show these people what's happening and haw badly we need this money. Because we need the money right now for this very, very serious problem. I think we've got to find it everywhere and anywhere we can. Now, Chief, I don't mean to be facetious about telling you - you know - about why you can't do it - tell me when and how you're going to do it Let me tell you that many times and I don't mean be sly or pretentious in any way, but I've got to sign - thank God a machine does it - payrolls rig here in Miami for close to 3,000 people. And I'm involved with people and resources in my own private life and there have been many, many times that I've gone to a division of our corporation and I say "You guys didn't do this, you didn't make any money and I want you to reduce - I want you to save 10% next month". "Oh, we can't do that." "Well, why not?" "How many employees do you have?" We have 350 employees. Fine - fire 35 tomorrow. Oh we can't do that. Why can't you We can't operate. I'll tell you what - you get rid of them and then we'll talk about it later on By God, it always happens that after it's all don and over with, they find out that some way - some how - how they can survive and how the thing can operate and how, in the long run, it's all going to work out any way. And then they figure out - you know, one time I did that and you know what the result of it was? It happened to be a very proud Cuban Division Manager and he got so upset with me, he was going to quit. And you know what. he did instead? He came back in a week and said, "Look - you told me to get rid of 15 people. I got rid of 30, because you got me so angry that I 103 NOV 211973 proved to you that I could do a better job than you think can be done here". So 1 said "Why didn't you do that in the beginning?" Well - you know .. he didn't realize it. Look, the only point I'm trying to make is that we sotnetitnes have stumbling blocks as to how we cannot do things or why we cannot do things, and I think that with 16% in- creatie in rapes, and 13% in murders or whatever it is, that we have just got to close the books on the standard operating procedure ways of doing this and somehow try to figure out simple common sense approaches of how we can get 3 men from this department and 15 men from this department and how we can maybe borrow from Hollywood a couple of tricycles, or maybe we can get some second-hand tricycles or - I don't know what the solution to this is but by God, let's find the money if we have to go to Tallahassee or whatever we have to do or put off some capital equipment purchases. Let's - instead of having 7 men in the Academy - let's up that to 15 men for a while. Can we do that? And see if we can get this whole thing moving in a way - let's get those foot patrol men with some canine dogs out before the Christmas time so there's a sense of security in the downtown area Let's publicize the positive things that we're doing. Let's get the ball rolling. Let's get going on some of these things. I'm not - again I don't want to imply that I don't think you've been doing your job. I don't want to imply that. Or that Mr. Andrews and his administration - I'm a firm believer in the City of Miami and in the integrity of the City of Miami, including your awn. Okay. I'll repeat that over, and over, and over again until I see otherwise. Now, all I'm doing is - I'm pleading with you, as the Mayor of this town. I'm just pleading with you to find ways that we can properly cut corners, make shortcuts, tighten up the belt, get some people out of the desks, leave the personalities out of this thing and get people working as a unity - as a team - out in the field work where I think we need it and the hour's late - it's getting close to 6:00. I've got a whole series of questions and so does Plummer and maybe we can get this thing going and perhaps you might be able to come back on December 13th. and rather than take up with all this, Paul's got a copy of these questions. Maybe we can formulate them and you can answer them at more leisure at some other time, with some basic facts. Mr. Plummer: Mr. Mayor, may I please plead with you and the rest of the Commission? I said something before and I mean it. Let's don't go home until we get the man the money. Now, I think we can do it. You can stall and you can put off and you can do this and you can do that but there's nothing like action. That's what we're asking him to do. Let' show him that we're willing to do the same. As far as I'm concerned, Mr. Mayor, I think the firs place we've got to start and we've got to start now, to find this money is in the Federal Revenue 104 NOV 211973 • Mr. Andrews: Mr. Plummer: Mayor.Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mrs. Gordon: Mayor Ferre: Sharing, I know we went through this and we hashed it and rehashed it, but Paul, let me ask you right off the bat, has number 10 and 11 now been implemented? That is the Building Code Enforcement Central Records System; number 11 the preparation of comprehensive master plan. No. All right, sir. Now, right there, Mr. Mayor, you know, if we're going to equate the serious- ness of the number one problem, I realize that budget time, as well as every member of this Commission, that these were important items. But I have sat here today and I have heard and it is true - the number one problem we must address ourselves to. Mr. Andrews, what I'm asking you in so many words is these two items which come to a total of $741,000 - can they be delayed one year so that we can implement this now? Excuse me, J.L. It doesn't have to be one year. If he gets this money in December or if we get money before that, then he can implement it again, you see. What I'm saying is that we need to act now. I'm with you OM OWN 'WM. NEP All right and I think that what we need to do in this action of the Commission today is to provide the action that we're asking of the Chief. He has set forth his plan - his plan takes money and this Commission has either got to put up the money or shut up. And that's just the way I feel about it. If we can get the monies later on to implement these two programs, well and good. But first and foremost, we need to act now. J. L., I think we Just a minute, Rose. I'll recognize you in a moment. Mr. Andrews and Members of the Commis- sion, I'd like to announce that I called Congress- man Claude Pepper because of the seriousness of this matter and he has told me that he will be here, being the dedicated public servant that Claude Pepper is, and especially since he was past Chairman of the Sub -Committee on Crime in the House of Representatives, Claude Pepper told me he'd be here in late afternoon or early evening which is what we're approaching now and I certain want to hear from Claude Pepper. We've got to figure every which way to get the funds, whether they be from Federal Revenue and I want Paul, when Claude Pepper comes in here, in just a littl while, I would like for you, immediately, so we won't waste his time, to get right to this Revenu Sharing problem that we have to see if he, throug his good offices in Washington can expedite this matter so that we have an early resolution of it so that if we are going to get money, we'll have it available as quickly as possible. 105 NOV 211973 • 40 Mrs. Gordon: Mr. Plummer: Mayor Ferre: Mrs. Gordon: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: I just want to make that point in case he walks in in a moment. Want to cotMend you on that. That's a good approach and I think we ought to defer any further discussion of the funding until he does arrive. Now we can, each of us, examine what - or Mr. Andrews can examine further his immediate resources. You say he's going to arrive this evening? I just talked to Marie about ten minutes ago and he said he's on his way down here and about buying dinner tonight. Well, we'll all pitch in. Mr. Mayor, I'm sorry - - - Mr. Mayor, let me tell you how I feel about it. You know, we can ask Congressman Pepper to act and I'm sure he will but, Mr. Mayor, federal bureaucracy doesn't grind quickly. That's one thing they've never been accused of. Mr. Mayor, I believe that we have to go now. I completely agree. Okay. Now, Mr. Andrews, correct me - were you right or were you wrong. I'm getting it right now but I'm almost positive that it was $125,000 that that program was re- duced from when we re -juggled the funding so we could come up with the day care centers. Okay. Paul, we're talking about $391,000 and $125,000. That gives us $516,000. Well, Paul, we're just going to have to address ourselves to priorities. Look over my shoulder. You're more than welcome to. Let's go to page 1. No - let's don't. That's day care centers. Let's get out of there. I don't want to go back to that again. Park benches - we can add 40,000. That brings us to $556,000. J.L., while you're looking that up, let's take a five-minute break. Some of us need to Okay - fine. Okay - let's get going again. It's 6:15. Ever - body take their seats. Let's get going. Mr. Mayor, I have the City Manager who, in turn, has the City Attorney cranking out - we have found the money - we're ready to proceed. I will recognize Mr. Paul Andrews. Well, I have it together here, Mr. Mayor. I pro- pose to you, in the form of a motion, the following That we redivert our Federal Revenue Sharing to NOV 2i.i lii 106 Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Reboso: Mr. Andrews: Mayor Ferre: combat the number one problem in this town and 1 1 propoae it thusly. That we postpone the pre- parat:.on of the comprehensive master plan for $391,000; that we postpone the central records system of the building enforcement of $125,000; that we reduce the budgetary and financial pro- cedures from $300,000 to $200,000, creating a surplus of $100,000; that we do not expand the school resource officer's program, creating $100,000 and, might I note that hopefully, the School Board will pick up the school officer resource program as it exists today. Continuing, that the park bench program be eliminated, cre- ating a surplus of $40,000. I'm sorry, Mr. Mayor. I should not have used the word "eliminate" but the implementation be postponed until other monies become available. That's the main point I want to be sure you get in your resolution. That if we have available for us, in December, Mr. Andrews, or in January, whichever the case may be, monies that come either from Tallahassee or through Congressman Pepper's efforts from the federal sources instead of waiting to the e,nd of December, if we happen to get them in a week or two which I hope we're going to be able to hear from Claude Pepper tonight, that if these monies become available, that these programs immediately are reimplemented again be- cause I'll tell you - I just hate like the dickens to put off some of these very, very essential programs that we in this community need. I fully recognize that it is a question of priorities. And, to me, there's nothing that has more of a priority than this. If we can, by doing these things, save one life in the next 60 days, then it's well worth doing. And I certainly hope that Chief, you will do everything within your power. We cannot sit around and wait for something to happen in 12 months or 30 months and I have some other questions that I want to ask you specificall Leq me conclude, Mr. Mayor, by saying that this shows that this shows us $756,000 to implement the programs outlined by the Chief. I offer that in the form of a motion which will be forthcoming from the Law Department that this be done immed- iately. Let me just go on and 11116 IMP Let's see if we get a second. I second the motion. The motion was seconded by Mr. Reboso. On the record, I want to reiterate what I just said. I have no intentions of seeing the planning money that we have for the comprehensive plan re- duced or cut out or eliminated forever. All, I think, in effect we're doing from a practical point of view and I want to go on record stating that, is all we are doing is, we was postponing for a month or for 60 days, at the most, the implementation of these much needed things. I 107 NOV 21 973 • Mr. Plummer: Mr. Lloyd: Mr. Plummer: ' Mr. Lloyd: Mr. P lummaer : Mayor Ferre: Mr. Plummer: know what we need - we very desperately need the master plans and we need to review our bud- get structure. We're not doing it the right way. 1 know we have to improve our budget. Put, by God, if we can save one life in the next 60 days, by doing what we're doing today, I think it's well worth it and I certainly am not going to sleep well tonight thinking that we haven't done the maximum that this Commission can do. I want to say to you, Chief, that, giving you the money which is what we're going to do, is not the whole and total picture. We want to talk about other things too. I think you've to to tighten up the belt; I think you've got to squeeze every way you can; I think you're going to have to - if we're going to put off the master plan for the City of Miami, for 60 days, you're going to have to put off spine of your nice ideas which you have. for 60 days or 90 days or 100 days until we find the money to do all these things because, to me, this situation needs these types of measures right now. No - I'm not going to listen to any- body from the public right now. You'll have your opportunity in a little while. I'm sure there are a lot of worthwhile statements to be made here. I will recognize the public in a little while. Right now this is a matter for the Commission. Which represents the public, I might add. That's what we're elected to do. And I've heard so many things about this. Mr. Mayor, let me make one correction to that. I'll concur with Mrs. Gordon's thinking, that we take out of the comprehensive master plan $291,000 and then we take $100,000 from the renovation of parks. The administration tells me that they have approximately $40,000 underway and that will leave them a buffer of $20,000 so let's take out $100,000 out of that. Mr. Lloyd, did you pick that up? For the resolution? Take $291,000 from the comprehensive master plan and what was the next one? We'll then reduce the renovation of parks to $60,000 and take away the surplus of $100,000. What one was that - the $125,000 or the $100,000? The one - no, sir. That wasn't either one. Look over here and you'll see what I mean. We hadn't touched this before. We take away $100,000 from this, leaving $60,000. Chief, you came here and expected to get blaster and walk away with $860,000. Mr. Mayor, let me, so there will be no misunder- standing, and Chief, I want to say this just as plain and as clear as I can. You know, the Mayo tried to interject into my thinking. Okay? I wouldn't stand still for it and let me tell you NOV 21i971 108 the reason why. Because now I'm coming to it. And that is this. You have come to this Commis- sion and asked this Commission all we are em- powered to do and that is to provide the funds needed for you to give you the monies and the tools to work with to do the job. I hope that in 6 months or in 12 months from now, unless we have had a radical change of some situations as unforseen that we don't know about, I don't think that anyone can come back here and place the finger at this Commission. The finger will have to be placed solely on the Police Chief that the problem is bad and we have done our duty. Now, I don't read it any other way, Chief. That's how I read it. I was very clear when I asked you, Chief, what do you need that was within the power of this, Commission to give you. And I asked you for the total and you gave it to me. I am well aware that money alone does not clear up a prob- lem. I was just hoping that we're making our point clear or at least, I'm making my point clear. We're doing everything that we can. Mrs. Gordon: J.L.,'would you include in your resolution the first priority to be returned to budgeting is the $291,000, for planning. Mr. Plummer: No, ma'am. I will make in my motion or a separate motion that any monies forthcoming that are created and can be declared a surplus be re - diverted by this Commission on a priority basis. If, at that time, the planning and the zoning is the most important priority, that's where it will go. Mayor Ferre: What that means, Rose, and I'm not - Let me say something now. I agree with your statement but with the way Plummer put it, that's not bad and I'll tell you why. That means that then it comes to us for a decision and Rose, we'll have to - you know - we'll be on the record. Now, I for one would like to state that I am for any monies that come back. First thing we've got to put the money into is the planning operation. If we want to go on record on that right now, it's perfectly all right with me. Mrs. Gordon: I would like to move that after we take action on the other item because the people have spoken and by mandate, we changed the Charter. By a 2-1.vot the people spoke. They wanted a comprehensive plan. And now, if we don't set this back as a priority item, we are ignoring the wishes of the people. We have divided our boards; we have pro- vided ourselves with the kind of personnel we will be providing this coming month. We will be doing everything except providing the money to do it with. The $100,000 will get the ball rolling but it won't keep it rolling very long. Mayor Ferre; Do you agree with that? All right. There's thre of us that agree with it. Let's not even bring i to a vote. Let's get this thing rolling. Is the motion clear? NOV 21 1S13 103 Mr. Plummer: Mr. Mayor, I think we have to wait for it to be drafted in legal form. Mayor Ferre: In the meantime, let's get back to questions. All right? Mr. Plummer: Pine with me, sir. I thought everybody had pretty well expended their questions. Mayor Ferre: I've got a couple of little basic questions that I still want to ask the Chief. Mr. Plummer: I hope, Mr. Mayor, that in no way does this pre- clude today, that when the Chief returns on the 27th of December, that we can't ask questions --- Mayor Ferre: The 13th of December. I'm going to be Mr. Plummer: All right - at his next appearance before this Commission that we are not precluded from asking additional questions. Mayor Ferre: Chief, I would like, with Mr. Andrews' permission, to have - I'm going to submit all these questions and I would ask all the rest of my fellow Commis- sioners here to submit whatever questions they have and then I would like for the Chief to re- turn here on the 13th of December and we'll just set one hour - let's just limit it to one hour so that we don't go off on a 5-hour chase on something and just get some basic answers. If you want to answer some of these in writing and expedite matters that way, that's even better. Congressman Pepper, we've been waiting for you. We are indeed honored to have you here, sir. No, no. We want you to stand right over there. Let's see. Why don't you stand next to Chief Garmire then so - would you stand over there, Congressman? We're always honored with your presence. Congressman Pepper, I'd like to say that this is what you really call government in action. We got hold of you - I understand you heard it on the radio and you said that you wanted to be part of something like - that you thought that this was important and it is and we're very honored that you've taken the interest to come here and participate. We're going to tel you in a moment - I'm going to ask Paul Andrews to explain specifically what the problem is that the Federal Government can perhaps help us with and perhaps you might shed some light on it. Congressman In the first place, Mayor,if you'll allow me, I Pepper: want to commend you on the determined stand that you and your associates.on the council are taking to try to do something effective about the crime problem in the City of Miami. I just came, a little while ago, from a meeting of senior citizei a room full of them, up at the Claude Pepper Towers at 750 N.W. 18th Terrace, and I was there to hear the complaints and the problems of those people and one of the things they attempted to im. press upon me was how can we be protected when we go out of this building to keep from being mugged NOV 21 t4I) 110 • and robbed as borne of them have already been. So the people are very much concerned and all of us together want to do something ., every thing we can to do something effective about the problem, 1 want to commend you and the council for the effort that you're making. Mayor Ferre: Thank you, Senator. We're always honored to have have you with us and yod are indeed a real friend of the people of Miami. Would you explain, Paul? Mr. Andrews: Mr. Mayor and Members of the Commission, and Senator Pepper, the Environmental Protection Agency, and particularly the office in Atlanta, for our region, is administering Public Law 92500. Nov, that law has to deal with the installation of sanitary sewers in all the communities in the South. The Federal Government has recently re- viewed the law and they made a determination that cities who did not receive grants from, going back to the year 1956, could, make application to the Federal Government on an individual district basis or a project basis and receive consider- ation for the return of those monies that were spent in the community. We documented 75 such grants, submitted them to the Atlanta office; had one of our people fly them up there so they'd' be there on time and spent a great deal of energy with them and we've made application for $10,000, 000 and we're in the hopes that we can ge all and if not all, then some of those funds returned to the City of Miami. The City Commission has been deliberating for several hours now, trying to find monies to help them with this policing problem. And, if we can get these monies back, it's going to seriously affect the City of Miami. And we want you to know that. Congressman I'm afraid they won't be open tomorrow or possibl Pepper: even Friday but I'll be here Monday and I'm going up to Washington Monday evening. If you'll let me either come by your office or send it over to my congressional office, I'll get on the phone with the people in Washington and in Atlanta and do what I can to help and when I get back to Washington, in my office Tuesday morning, I'll follow it up from there in every way I can. If you'll give me the details of what you set up. Mr. Andrews: Yes, sir. And Senator, I'll make sure we supply you with the kind of information that will make it very easy and convenient for you to follow this through and trace it down for us. Congressman Thank you. Are there any other now, about the Pepper: Federal aid that we can give you? Chief, how much are you getting? Have you any more suggest- ions about LEAA assistance that we can get than you are receiving now? Chief Garmire: Senator, we are getting our fair portion out of the state block grant funds, I would have to say that. We will receive, during the current year, approximately $800;000 in federal granting. We have no complaints about this. We would like to have more consideration through the discressionar NOV 211973 Congressman Pepper: Mayor Ferre: Congressman Pepper: Mayor Ferre: Congressman Pepper: fund area and the National tnatitute for Criminal Justice which is an arm of the law enforcement systems adminisration. We currently have a grant - a reque t there - of what we call a target oriented strategies program, and this is a very sophisticated - what we think - a very meaningful, viable program which will allow us to identify the offenders and be able to zero in on them, calling them the targets as well as the place they intend to victimize, one way or another. We might require your assistance in getting that - - - I will appreciate it if you will give me a copy of that application, Chief, and I'll take it up immediately with those people in Washington. Chief, will you send my office a copy of the letter? Mr. Andrews, can we get a copy of that so we can have that in hand? Any other suggestions that the Chief might have or you, Mr. Mayor, or the council to get any additional funds. It may be, that if we can impress upon them, the determined effort that the City is making in this matter, that we can perhaps get some increased assistance. Congressman, I want to - for your edification and knowledge, as to how we're approaching this, this Commission is obviously now going on record as stating that the number one problem in the City of Miami is crime, and that even though we're very reluctant to put aside these committ- ments we have on planning and other important expenditures, that we are nevertheless willing to do that at some risk of hurting important programs to a certain degree because we recog- nize the priority of this important item. The Chief, on the other hand, has recognized here over a three hour review session, that things are not all well in the crime problem of Miami. It's not anybody's particular fault. It's all of our faults, starting with society as a whole, the court system and so on. But it's a problem that seems to be increasing in its pace and that we've really got to take the gloves off and meet it head on and also, I think, the consensus has come out of this is that we're going to try to do it on a people -to -people type of thing rather than - not that we're against computers or mechanization but I think we have to get back to the personal police approach. Mr. Mayor, we all know that the Chief has done a fine job and made a very conscientious effort. Nobody wants to do a better job of curbing crime in the community than he does and we do have problems and may I just suggest that there are three areas that are overall in character that we might give some consideration to and this arrives from my four years as Chairman of the Crime Committee of the House of Representatives 112 NOV 211973! • • during which we have hearings all around, all over the country, including two hearings held here in the City of Miami. There are two areas and the Chief can correct me if I'tn in error, the two areas from which people come primarily into the criminal population. I mean amongst those who are the perpetrators of crime. One is the youth group. About 50% of the people who commit the serious crime of this country are 18 years of age. And about 60% are under 28 years of age. And most of the young people that come into the crime -committing segment of our people are school drop -outs who have come up into the juvenile courts. Once they're school drop -outs, they're candidates for the juvenile courts and they tell me about 50% of those who get into serious involvement in the juvenile courts later wind up in the penal institutions of this country. So, everything that we can do to curb drug abuse in the schools and to stop school drop -outs, and to give more attention to jobs and recreational opportunities for these young people, to a large degree, will reduce the number of people coming in to the group which perpetrates crime. The next area is the group that comes out of the penal institutions of the country - what we call recidivism. The repeaters. And the former: Governor of New Jersey testified before our Committee a little while ago that if we could successfully improve the correctional insti- tutions of this country, we could reduce crime by 50%. And one of the things we're trying to do now is to get the Federal Government to put up half of the cosh of building modern penal institutions - I mean correctional institutions. Instead of places like Raiford in Florida'or Attica in New York, which as the President said one time, are colleges for crime rather than correctional institutions. Now, if we could get, instead of those big, old institutions, facilities in the citys where the people live, they would be accessable to their families, where there would be room for 3 or 4 hundred inmates, not all of which are maximum security people. And, there'd be opportunities for those who qualify, to go out and get jobs and get out into half -way houses and that sort of thing. If we could encourage the state and the Federal Government to help us build that kind of a rec- reational - correctional facility, you would diminish the number of people coming into 1She crime population. And the third thing, if we could get the courts to be more exacting in respect to those whom they grant bail, because I know the Chief and his men, and other law enforcement officers often said that the crim- inal meets them on the street by the time they get the papers all made out nearly, because they've been granted bail. I heard today, or yesterday, of a fellow who had been arrested 15 times for very serious crimes and finally he was let out by some court on bond of $7,000 but he'd already skipped bond of $40,000 in Atlanta and they found out of at least 15 different serious crimes that that man had committed. 113 NOV 21 t / • • Mayor Ferret Mr. Plummer: Mayor Ferre: Mr. Plummer: Mr. Reboso: Mayor Ferre: Mr. Plummer: Mayor Ferre: So, if we could get all these groups to join you and the council, Mayor, and the Chief, it would help you, wouldn't it, Mayor and Mr. Chief? Congressman, the reason why that man had to pay that high a bond and get out was because he had to go out to steal the money to pay the bond. Thank you very much, Senator. Mr. Mayor, I have the ordinance ready now and I'll be glad to offer - I understand we have to read it by title. No, read the whole thing. This is too impor- tant. Well, I have to read the titles. Ralph, you've got, I understand, a copy of it. An ordinance amending making appropriations of Federal Revenue Sharing Funds received in the amount of $7,966,000 for the fiscal year ending Septem- ber 30, 1974, providing that if any section, clause or sub -section shall be declared uncon- stitutional shall not affect the remaining provisions, repealin4 all ordinances or parts of ordinances in conflict herewith, declaring this ordinance to be an emergency measure, by four -fifth votes by the Members of this City Commission, dispensing with the requirement of the reading of this ordinance on two separate days, and the requirements of the State Statutes outlining the changes: #1 will be the renov- ation of the park structures reduced from $160,000 to $60,000; #2 postponing the imple- mentation of the park bench program, $40,000; #3 postponing of the school resource officer expansion program $100,000; reducing of the modernization of budgetary and financial pro- cedures to $200,000, creating $100,000 surplus; postponing the building code enforcement central records system, $125,000; comprehension of yie master plan, reducing it from $391,000 to $100,000, creating a surplus of $291,000; adding to a new item, #20, the term "Police Expansion Program", $756,000 and concluding the ordinance by reading into the requirements of the appli- cable State Statute and also dispense with the or also dispense with. Mr. Mayor, I offer that to you at this time. Second the motion. There's a motion to second now and I don't see where this motion clarifies the point. I don't see that this clarifies the point that when we receive federal funds - - - Mr. Mayor, that has to be in a separate ordin- ance according - - - I understand. Now, before- there's a motion 114 NOV 211973 • Mr. Andrews: Mayor Ferre: Mr. Andrews: Mayor Ferre: Mrs. Gordon: Mr. Andrews: Mrs. Gordon: Mr. Andrews: Mrs. Gordon: Mr. Andrews: Mrs. Gordon: Mayor Ferre: Mr. Plummer: Chief Garmire: Mr. Plummer: Chief Garmire: and there's a Second by Reboao. Nc w, before now we're open for discussion, I want to ask Paul Andrews and I want to Make sure that he is in concurrence with what we're doing- even though I want to know Whether you're in con., currence with what we're doing from the admin- istration's point of view. I also Want you on the record telling me whether you think or not the priorities are the things that we're cutting out of this is in concurrence with your thinking Or is there something that you would rather alter rather than this. No, I participated with Commissioner Plummer in`advising him what my judgment was as to the areas- - - I know that but I just want you on the record saying that you approve this. I approve it. You approve it. Okay. Mr. Andrews, when are you expecting the next allocation of Federal Revenue Sharing Funds? The next allocation of Revenue Sharing Funds should be available July, pardon me, January lst., 1974. And of those funds - will we be able to replace the $291,000 that we are removing from the budget now at that time? Can we do that, at that time, with the funds you receive? Yes. You can? Yes. All right. Then I'll be in favor of the motion. Okay. We have a motion and a second. Is there any further discussion on this motion? Let me get the zinger in there, I guess. Chief, I ask you once again. Is there anything that hasn't been included? Commissioner Plummer, we came here with what we considered to be a minimum. We thought it was reasonable. We believe it will assist us in ou mission, but when you ask me a question such as you've just posed, the answer has to be "no". Okay - I'm open to suggestions. What else do you need? I would prefer to come back at a future session of this Commission with a better organized plan which would, in fact, antiwar what we consider to be all of our needs. It will be compre- hensive list, I can assure you. 115 NOV 21197 • This action that you are about to take here will assist us greatly. No question But if 1 am going to be held responsible, as is im- plied here today, for the reduction of crime, solely at the effort of the Police Department, then I'm going to have to have a considerably larger program than is being profounded here at this time. Mr. Plummer: All right. Then you want the opportunity to come back at a later time. Mayor Perre: No, specifically, J.L. We have it on the 13th of December . Mr. Plummer: Now, wait a minute. Don't put the man under the gun. Can you have it ready by the 13th.? Chief Garmire: Yes, sir. I can have it ready by the 13th. Mr. Plummer: He put himself under the gun. Chief Garmire: Na, I have not, sir. I don't propose to get into an argument. I'm simply saying that it is grossly unfair to hold the Police fully responsible for the crime situation. Mr. Plummer: Chief, I didn't say that. I hope I didn't. Chief Garmire: I infer from what has been said here that I'm going to be held responsible, solely respon- sible, for the reduction of crime in the City of Miami. I submit to you - - - Mr. Plummer: You can't do it- - Chief Garmire: - - -that the Police are powerless to do that persay. Mr. Plummer: I understand that. I am saying, and maybe you misunderstood me, so let me say it again. I am saying that from the standpoint of what this Commission can do, you know, we could maybe do a lot of things. You could do a lot of things. But, delegated by Charter, the authority vested in this Commission, is there anything else that this Commission can do? That's all I'm asking. Chief Garmire: Between now and the 13th of December,I will compile a program, an extensive program, of what we need to get the job done within the limitations that are implicit in the Police service. Mr. Plummer: No questions. I can't ask any more. Mayor Ferre: Chief, I, lest somebody misunderstand, I want to make sure - nobody is going to blame you individually or the Police Department partic- ularly, if there is an increase or there's not a reduction of crime in the City of Miami. However, it is your charge and that of the Police, to protect and safeguard the citizenry and certainly, I'm not going to look to Chief Kenney or to Paul Andrews or to John Lloyd 116 NOV lily Chief Garmire: Mayor Ferret Mr. Plummer: Mr. Andrews: Mr. Plummer: Mr. Andrews: Mr. Plummer: Mayor Ferre: or to anybody else for answers on this thing because this is your particular charge. And, as Paul Andrews told me the other day, he said, look, Chief Garmire'a a big boy; he's got to stand up, and I like that kind of an attitude and I think you're that kind of a Man. I'm standing up here and I intend to continue to stand up. I just want to get that clarified so that some- body who would misunderstand say, you know, that the Chief of Police stated that he's not responsible for the crime situation in the City of Miami - that that might be misinterpreted. Do you follow? We may be playing games in semantics here. Don't play semantics because he retorted to a question or something that I put forth. I'm saying, Chief, that this City Commission has certain delegated authority, through its Charter, and is there anything else at this time that you are asking of us? Mr. Mayor and Members of the Commission, there is something else that I will ask - that the Chief is not in a position to ask because of his position and his responsibility to the Police Department. But, as the Chief has pointe. out, there are other elements that make up this total picture of crime in the City of Miami. One of them is street lighting. You're address-- itig yourself to that. We already have. You provided the Chief with some additional monies so that men and equipment could be added to the Police Department to do a proper policing job or as close to proper as possible at this time. But, the thing that is not really being fully discussed here is what do we do when the Police Department apprehends these people and so many of them are repeaters and back out on the street 24 hours after they've been appre- hended? Now, how are you, as the Commission, going to address yourself to that particular problem which I, personally as an individual, consider far more serious than the problems that the Policeman has on the street apprehending people? I think the Chief made that very clear, Paul. That there's nothing he can do about it under existing conditions today. There's nothing that we as the Commission can do about it. But, Congressman Papper can. He can surely start and instigate programs from that level to where the man can't be back on the street in 24 hours. Ail right, gentlemen. I'm passing to you here a resolution - - - 117 NOV z 1 1973 • Mr. Plummer: Mayor Ferree Mr. Lloyds Mayor Ferre: Mrs. Gordon: Mayor Ferre: Mr. Ongies Mr. Plummer: Mr. Ongie: Mr. Reboso: Mr. Ongie: Rev. Gibson: Mr. Ongie: Mrs. Gordon: Mr. Ongie: Mayor Ferre: Mr. Ongie: Mr. Plummer: Mr. Ongie: Mr. Reboso: Mr. Ongie: Rev. Gibson: Mr. Ongie: Mrs. Gordon: Mr. Ongie: Mayor Ferret Mrs. Gordon: Mr. Mayor, I think we should have a vote on this. I'm sorry. This ordinance has to be passed twice as an emergency measure. Let's get back to the reality of the situation. Is there any further discussion on this item? We're going to recognize you for another mo- tion. All right. Call the roll. First roll call, Mr. Plummer. Yes. Mr. Reboso. Yes. Reverend Gibson. Yes. Mrs. Gordon. I vote yes. Mayor Ferre. I vote Yes. Now Mrs. Gordon - reading - go ahead. On recond reading, Mr. Plummer. Yes. Mr. Reboso. Yes. Reverend Gibson. Yes. Mrs. Gordon. I vote yes. Mayor Ferre. I vote yes. Now, Mrs. Gordon. On second The motion is that as soon as funds are re- ceived from the next allocation of revenue sharing, that the $291,000 tkansferred shall be reallocated immediately to the comprehensive planning fund and the appropriate amendment 118 NOV 2I1973 Mayor Ferre: Mr. Reboso: Mayor Ferre: Rev. Gibson: Mayor Ferre: Mrs. Gordon: Mayor Ferre: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayer Ferre: to the budget ordinance be presented for thin purpose. There's a motion. is there a second on that? Anybody want to second that? Second. There's a second. Let me ask a question. Why don't we put all the money back? It's a question of priorities, Father. Which one do you want first? Suppose we only get $300,000 first. Father, may I explain to you why I'm making this back as a priority? The causes of crime are not always on the surface. They're below the: surface and part of the fight of crime is in the fact that we are lacking a comprehensive plan. We have not had one. We have to fight it at that level too and this is part of the fight against crime. It's to better the con- ditions of living for people and the first step forward in that direction is to prepare a comprehensive plan. And, the people did mandate this in the Charter change that was made last year. This is not a frivolous action. This is one that is absolutely necessary and must be taken. The reason for accepting the delay of the $291,000 is because the imple- mentation of the Planning Board will take place in January and the $100,000 will be sufficient to last and begin to start that ball rolling. All right. We have a motion and a second. Is there any further discussion on this item? If not, call the roll. Mr. Mayor, I'm going to vote for that motion but I'm dissai:isfied. All right. Go ahead. I'll recognize you if you want to speak on it. I just feel that you passed the budget - you found it necessary to go into that budget and use certain funds that we already allocated. Okay. You told us and Mr. Andrews told us that we are about to receive a million plus dollars which would be ample to replace all of the monies that you've taken out of the budget. I see nothing wrong with passing a resolution saying that as soon as those funds are in our possession, we reappropriate or put back that money. I think that's simple. What we're really doing is, we're going to put this one back and then we'll come back and say, well, maybe we'll put the other one back. Ng. We're going to put them all back. 119 NOV '41 ill _ZS Rev. Gibson: Mrs. Gordon: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Mr. Andrews: Mrs. Gordon: Rev. Gibson: Mr. Plummer: Mayor Ferre: Well, then let's pass the reaoluti+ n that way. Pace the motion that way. Father, ttoVe the resolution the way I moved it and it has been seconded. I''m going to move another one. Wait a minute. Father, if you have ten chil- dren and one of them is away from home, and hasn't had anything to eat in a week and they all come to the dinner table, you're going to feed the one that hasn't eaten, the one that needs it the most, first. I would and I'm sure we all would - - That's what my resolution is all about. But, what I'm hearing is not the way it is. No, no. What Rose Gordon is saying is, that as we get the money back, the $291,000 for the planning section of it, be returned first. Then I'll vote for the motion, then I'm going to offer one for myself. Now, from a practical point of view, we're going to get $291,000 back. We're going to a million or we're going to get two million we're going to get three million - we're not going to get $291,000. not get or Mr: Mayor and Members of the Commission. I didn't want to complicate this with procedural aspects of how the federal money comes to us and how we program and spend it but you've gotten so detailed in this and you've said so much about it. Now, I don't want you to leave here with the misunderstanding. The one milli and nine hundred thousand dollars that we will receive in January and three months later, another million and nine hundred thousand dollars, all accumulates until next October when you will have approximately $7,000,000, as you did in this budget year to reprogram fo services next year. We're going to spend that money once. If we spend it in January, it mea that we have seven hundred and some thousand dollars less to spend in October. So, I want you to be aware of that. We understand your point. I'm ready. to vote because I'm going to offer m own motion. Once again I just will reiterate. I don't kn how anyone can sit here and envision what this city is going to be doing in January. That's why I said that I felt that it was best that we re-evaluate when new monies come in. J.L., we can always do that. This is just a matter of philosophy where this Commission '.set down a sense of priority. I'm completely in agreement. I'm sorry to have to disagree with 120 NOV 2119Th Mr. Ongie: Mr. Reboso: 'Mr. Ongie: Rev. Gibson: Mr. Ongie: Mrs. Gordon: Mr. Ongie: Mr. Plummer: Mayor Ferre: Mr. Ongie: Mayor Ferre: Mr. Lloyd: Mayor Ferre: you. I agree with Rose Gordon on this matter. Let's put it to the vote new, Right tidW, that is our consensus. In January we might change our mina again. aitay. Call the roll. Mr. Reboso. Yes. Reverend Gibson. Yes. Mrs. Gordon. Yes. Mr. Plummer. I'm going to vote yes but I'll remember Jan- uary. Remember January and I will too. I vote yes. And, Mayor Ferre. All right. Now, anybody else? I have - we were talking about what we can do to strengthen things. Yesterday, I read an article, I guess it was in the Miami Herald, and Harvey Ruvin beat me to the punch because I had exactly that in mind, and I want to commend him now, since he's the one who came out with it and I have here a resolution prepared by Mr. John Lloyd. It is entitled "A Resolution Urging the Legis- lature of the State of Florida to Enact a Bill Designated as House Bill 115 and Senate Bill 82" co -sponsored, by State Senator George Firestone and State Representative Barry Kutun and authorizing and directing the Clerk of the City of Miami to transmit a certified copy of this resolution - have you got copies of that, John? Yeti, sir. I'm passing them out. I just happen to have it. To the co-sponsors of the aforesaid bill from the Florida Legis- lature and the appropriate legislative comm- ittees. Now, let me tell you what that bill does, in effect. It says that any felon possessing a firearm or a weapon, unlawful, section penalty, and if he's caught committing a crime, with such a weapon, he will have a minimum sentence of five years. This is with- out any mitigating circumstances because what happens is, that the criminal goes to the court and the judge begins to get all the pressures of people calling or testifying that he's really not a bad guy and if we really let him go, he's going to be a good boy and the next thing you know is, you let the guy go and in two months, he's back again committing the sam crime over agaix}. And, all this says and this NOV 21197; 12,E Congressman Pepper: Mayor Ferre: Mrs. Gordon: Rev. Gibson: Mr. Ongie: Mrs. Gordon: Mr. Ongie: Mr. Plummer: Mr. Ongie: Mr. Reboso: Mr. Ongie: Mayor Ferre: Mr. Ongie: Rev. Gibson: Mayor Ferre: 410 is, to me, the type of gun control which 1 think is very effective and that is, if a man is caught perpetrating a crime with a gun in his hand or in his possession, he knows that there's no way in God's world where he's getting out of jail in 5 years and he'd better think about carrying a gun before he goes there and gets involved in a crime. So, what we'll have is crimes being made with other lethal instruments other than guns. But - the fact is that at least, we're going to tackle this one. That's all this bill - this resolution does. We all understand that we've got no power. The County Commission has no power to do anything about this. All this does is say that this City of Miami Commission, in effect, urges the Florida Senate and House to pass this type of tough legislation. Sir, I'd like your opinion on this. I think it's a good idea. We have a federal legislation - a federal law that if crimes are committed on federal property, in cases of crime with a gun, (inaudible remark) I think it's a good idea. All right, Senator. Thank you. Father, I think I'll just pass you this gavel and I'll make the motion. The motion's made. I read it. Second. Any discussion? Call the roll. Mrs. Gordon. Yes. Mr. Plummer. Yes. Mr. Reboso. Yes. Mayor Ferre. I vote yes. Vice -Mayor Gibson. Yes. There's a companion bill to this which is being offered by the same people and this resolution reads as follows: A Resolution of the City Commission urging the Legislature of the State of Florida to adopt a bill relating to criminal penalties for displaying - using, threatening or attempting to use a weapon or firearm or carrying a weapon or firearm or from committing a battery, resulting in bodily harm during the NOV 21I li 122 • Mr. Lloyd: Mayor Ferre: Mr. Lloyd: Mayor Ferre: Mr. Lloyd: Mayor Ferre: Mrs. Gordon: Rev. Gibson: Mr. Ongie: Mr. Plummer: Mr. Ongie: Mr. Reboso: Mr. Ongie: Mayor Ferre: Mr. Ongie: Mrs. Gordon: Mr. Ongie: Rev. Gibson: Mayor Ferree commission of a felony. Thia one Says John, why don't you explain this. These things get all complicated in My mind, especially at 7:00. after a long day. Mr. Mayor. Honorable Members of the Commission, this actually says that, under certain circum-, stances, when there's a violent crime committed with a gun, there can be a penalty of up to 15 years, under different circumstances than the other one. This is a different statute and a different resolution, urging passage of the different statute by this body. In other words, this does not say there's a minimum but it says that it will permit a judge to sentence up to 15 years. Yes, sir. Doesn't say that he has to. It just says that it permits him to do so. It says that when the court finds that during the commission of such a felony, the defendant committed a battery resulting in bodily harm, the court may extend the sentence by an add- itional term of 15 years in one area and the same thing where there's another occurance, it may - an additional term not exceeding 30 years. - All right. That's - so I offer this motion . Again, this is a recommendation to the Legis- lature. I'll second. All right. Any discussion? Call the roll. Mr. Plummer. Yes. Mr. Reboso. Yes. Mayor Ferre. I vote yes. Mrs. Gordon. Yes. Reverend Gibson. Yes. Now, Chief, on these questions. It's late. We've been at it for 3 hours. I'm going to send these to you in writing but I do want you to answer one question or two questions before we break. Is there any way we can borrow Policemen or sworn police Officers on an off- time basis from other municipalities? Includ- NOV 2119/3 • 411 Chief Garmire: Mayor Ferre: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Chief Garmire: Rev. Gibson: ing Broward County, Hollywood people that have gone through the academy or there are people that we could perhaps - we might use them for one day. They want to work part time? I think it's possible, yes, sir. 1 would have to check. Would you investigate that and when you come back on the 13th, see if you can come up with any recommendation on that? Well, for example, the City of Hialeah might have Policemen that they might not be deploying all the time or that may - How about our insurance? That's something that the Chief is going to have to answer. Right. Our insurance - that might affect the insurance - I'm not recommending it. I'm asking the question and I want the Chief to recommend it or say he can't do it. Good enough. The other question that I have and I think this is the last one, Chief. Got an awful lot of people, and by the way, I want to tell you that these are all letters from citizens and that we have received, in my office, since we started this whole question last week, I would say there's been from 300 to 400 phone calla that have been recorded from people on this matter. I have a list here on merchants alone on Flagler Street. This is the list and I'm going to send you copies of all these. This is the list of all the merchants on Flag- ler Street that have taken a position on this so, I'll send you copies of all this and I'll send them to Mr. Andrews and he'll send them on to you. But, one of the questions that I keep getting all the time is, we know that the enforcement of traffic laws is very important and we don't want in any way degrade the im- portance of traffic enforcement but With this crime rate increasing, is there any way in which, on minor traffic violations, that we de- emphasize that a little bit while we're going through this difficult period. Mayor Ferre, if I had my way, about it, Police Officers and Police Departments would not be assuming the responsibility for traffic law enforcement. The whole situation involving traffic violations should be handled admin- istratively and not criminally. It is not a crime to violate a traffic regulation; however, it is treated criminally in our system. Can we change that? 124 NOV 21 I /J • Chief Garmire: Well, it would take a lot of legislation. Mayor Ferret Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Can't we legislate? For example, is there any reason why we couldn't get a special type of traffic officer that would not perhaps carry a gun and whose sole purpose would be enforcement of traffic? The last legislature provided for this type of thing. There is one community in this state that I know of that is experimenting in this area. I believe it's Fort Lauderdale. How's that working out? I can't tell you. It's in its very almost embryonic stage. Would you call the Chief up there and on the 13th, you might touch on that. early, perhaps I know Chief Callahan. I'd be glad to discuss it with him. But, to answer your question, we, in - historically - at least in the last 41 years, have not placed a great deal of emphasis on traffic law enforcement. We have been criticized from varous sources for not putting as much emphasis on traffic law enforcement as they think we should. I've contended all along that crime is the number one priority so far as our attention is concerned and it will continue to be that. But, at the same time, I would point out bo you that in spite of a horrendous crime picture, traffic exacts a greater toll of life, limb, injury and prop- erty damage than all crime combined. So some- one has to assume a moral obligation and re- sponsibility in this area. To answer your questions, we will de-emphasize the so-called minor violations. Chief, heart disease also claims more victims than anything else and because we fight or we try to find solutions to heart diseases, it does not mean that we're stopping our fight against polio, for example, or against cancer. Correct. Right. The point I'm trying to make is I don't want to say that the City of Miami is no longer going to be involved in traffic violations enforcementa but I do mean to say that if we can - it's all a question of priorities - and emphasis - and all I'm asking you to look into and report to us on December 13th is what ways can we figure out to perhaps have another type of Police Officer who does not go through all of the rigorous training at the academy that will not carry a firearm and will be involved in nothing else other than traffic enforcement? And the radio, obviously. If somebody comes up and the man is drunk and he wants to get violent or something, he gets on that radio and I know that the City of Miami has a kind of Police Force that reacts like that. 125 Nov 211973 • • Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: Mayor Ferre: Chief Garmire: So we can have a Police Officer within three minutes there to:assiet, Just a minute there, Your Honor. I would have to take exception to that three minutes, We would try. If it's a true emergency, we can respond Now, Chief. Wait a moment. You're going to get me in trouble because I campaigned all over this town saying that we answered our calls within 3-5 minutes and I hope you're not going to make me out to be a liar. No, sir. I've no intention - I got that information from someone in the City. I've no intention of making you a liar. In a true emergency situation, we are geared to respond at the earliest possible moment and usually that's 3-5 minutes. But, one of the problems we have is responding to the routine calls in the time which is acceptable to peo- ple. Response time is a vital issue so far as Police are concerned, here in the community. To answer your question, if it's true emerg- ency, we try to be there within 5 minutes. All right. Are there any further questions of Chief Garmire at this meeting? If not, Chief, I want to thank you for your patience. I hope that we've cleared the air. I was - I hope you understand that I had to ask you at the beginning of this hearing what I did be- cause of the vicious, in my opinion, sour grapes attempt of an editorial writer, from one of our newspapers here, in trying to im- ply something which was just totally unfounded and untrue and I wanted for you to go on public record saying that you did not see this as a personal attack on you because it's certainly not the intention on my part and I wanted to clarify this and I hope that the matter - that headline editorial which was so untrue and so unfair, "Ferre versus Garmire" is not Ferre vs. Garmire, nor is it Garmire vs. Ferre. It's the City of Miami vs. Crime and I wish these editorial writers would lock themselves up in dark rooms and want to talk about Govern- ment in the Sunshine would stop fighting shadows and start fighting crime along with the rest of us. Thank you very much, Chief. Mr. Mayor, I appreciate very much the oppor- tunity of being here today. It's been re- vealing to me. I appreciate the response the Commission has had and the concern for adequate police service today, as expressed here today. I would be remiss if I didn't take some ex- ception to what has been implied here and I would reiterate that we, in the Police Depart- ment, will do everything we possibly can. We 126 NOV 211973 Mayor Ferre: Chief Garmire: Mayor Ferre: will re -gear. We will shift. We will try to emphasize in those areas, particularly in those districts of our community where crime seems to be the most rampant. We will do everything Within our power. But I know, as I stand here before you now, that action today taken against an individual will only result in action against that same individual tomorrow or with- in a week or ten days. Ile know that. We can prove it. It isn't unusual, as I pointed out to you before, to arrest the same individual for three felonies within a period of one week. We will keep arresting them. We will be the vacuum cleaner, even though it's against the ethics in reality, to do this, but we will continue to do this. We cannot be held re- sponsible for the reduction of crime in this community until we get better cooperation, better understanding and a viable program by the other facets of the criminal justice system. But to that end, I assure you, we will do everything within our power to be effective, as effective as possible, in the police realm. Chief, we sit on this board here - on this Commission - as a legislative body. Now, you are part of the administration. It's your responsibility and that of Mr. Andrews, as chief administrator of the City, to recommend to the legislative body, what areas he thinks that we can either legislate in or that we can assist other bodies to legislate in, that will cure some of these oversights and problems and inbalances, and I welcome your and Mr. Paul Andrews specific recommendations as to what areas you think we should delve ourselves into to correct these matters. And, I hope, that if not by December 13th, because that's not too much time, but in the coming months, that as you have these ideas and these proposals, that you share them with us so that we from the legislative branch of government can then act. Very good. I will. All right, Chief. Thank you very much, Sir. Now, the hour is late and I don't think we're going to get into - I said this was not a public hearing - is there anyone here who has an absolutely - absolute necessity of speaking on this? I think all the matters have been aired pretty well and unless there's someone who cannot refrain, we have - how many people want to speak now? Four. We're going to have to schedule you then for December 13th. Well, all right. You'd better catch the Chief then. I think we've been through it so far. I hate to do it to all the Commissioners. Can any of you come back December 13th? Listen, we've been here now, in this Commission meeting 10 hours - 10 hours - and we got a long way to go yet. We're not finished tonight. Now, unless you've got something that cannot wait until the 13th. and it's something that's of utmost importance and impact to this, you have to tai 127 NOV 2i.t 7; Mayor Ferret The thing is, that look, everybody's very tired. It's been a long day - Mr. Williamat Mayor Ferre: Mr. Williams: Mayor Ferre: Mr. Williams: Mayor Ferre: Unidentified Person: Mayor Ferre: Ed Pettee: Mayor Ferre: Arthur Ettinger: Mayor Ferre: Mr. Ettinger: 1'11 pass it about. Let me see what you've got. This is the copy of Mr. Garmire's presen- tation. Where's the presentation you made? Let me study it and you and I talk, and it Mr. Andrews - Mr. Ferre, the proposals that was written at that time, I may not have a copy of it. If it was read, it's probably in the record of that particular session. I'm going to pass this by and I will be available one year hence, with a recommendation to this Commis- sion. I live (uninteligible) six people have died - have lost their lives, in 19•months in my area. Six people. The last within the last 6 months. I will be back one year hence. A11 right, anybody else who has to speak to- night? - - - - because you all are exhausted and I might remind you that I've been sitting here all day too, waiting for an opportunity - - Sir, your name for the record. My name is Ed Pettee. I'm a businessman in in the Edison Park area. I think we, as you well know, we're in a high violent crime area. I'm very much concerned with police activity and I had prepared statements that I expected to read to this Commission and to the Chief but I feel that it would be a waste of time at this particular evening. So, I will yield to your request that I postpone it but I hope you will put me on your December 13th. meet- ing. I hope that I do not have to sit here all day. I too am not on the City payroll, unfortunately. There are a lot of people here who are con- cerned citizens just like you - we're going to - we're trying to do the beat job we can. And, Mr. Andrews, if you would take Mr. Pettee's name and on that hour that we alloc- ate to this matter of Police Chief Garmire, we'll listen to him. All right. Your name for the record, and then we'll allocate some time for you on December 13th too. My name is Arthur Ettinger, Captain, U.S. Army Retired. I know Mr. Ettinger. You know me. 128 N O V 211973 • Mr. Peter Williams: All right. You get up and talk. I'll recognize you. But I'll tell you if some. - body gets up here and talks and doesn't say something that cannot wait until the 13th. and is not of major impact, I'm going to remember. for the future. For the record, my name is Peter Williams and I'm a tax payer in the City of Miami and I' fin also the Chairman of Operation of (title of organization inaudible). I just want to briefly say this: in terms of crime in this community, I don't know if you gentlemen were sitting on the Commission at the time when Nathaniel Dean's mother was killed in this community. But I live in the Edison -Little River area and have worked very hard in this community in trying to get someone to listen to some proposals that have been coming to this Commission and have gone to Chief Gar - mire as answers to deterents and prevention . of crime in this community. I'm going to make one last effort at this point and point out to this Commission one of the areas of the areas most acutely neglected in this discussion. At one end of the spectrum you permitted him to have the $850,000 to increase his Police Aorce. At the other end of the spectrum, absolutely nothing was done to answer people - involvement and deterents of crime which is the one area that is most acutely affected in this community in getting something done. In 1965, when a report came out that Miami was number one, the answer then was more police - more guns. Just before the long, hot summer in '68, the answer was more police - more guns. In 1970, the answer was more police - more guns. 1973 - it's more policemen - more guns. At no point have we talked about a compre- hensive community developed answer that in- cludes a legislative body, the public sector, the Police Department, police consultants, socio-economic manpower consultants, sitting together and constructing a comprehensive answer to the problems of crime. When Mrs. Dean was killed, this Commission received a report, signed by 75 Model City businessmen that I drafted and took the time to have Patrick Graves present to this Commission. Several of those answers, several of those conditions that existed still exist today. Nothing has been said about it. I presented that same proposal that came to this Commis- sion on that date to the County Commission. You passed it about. The County Commission passed it about. Here we are again. Mayor Ferre: I don't know what you're talking about. Mr. Williams: You were not on the Commission at that time, Mr. Ferre. NOV 211973 129 • • Mayor Ferre: 'You will have some time on December 13th. Mr. Andrews - Ma'am, I'm sorry, but we have to continue this Commission meeting. Unidentified (Remarks inaudible) Person: Mayor Ferre: Well, that may be but you're going to have to talk to him some other time because Mr. Andrews right now has got to pay attention to this Commission meeting. Please. Now, Mr. - Captain Ettinger wants to be put on the agenda when the Police Chief - so, he's another one. All right? Mr. Ettinger: Will that be held earlier in time than it is now so I won't have to wait? Mayor Ferre: I doubt it. It'll be in the afternoon, Mr. Ettinger. Okay. Let's move on to the next item. Take up Item #22. Thank you, Senator, for being with us. Resolution appointing someone to - NOTE: The Commission passed Ordinance No. 8210 and Resolution No. 73-933 and 73-934 in connection with the preceding matter. They are shown as Exhibits "A", "B" and '"C" following this final page of discussion. 130 NOV 211913 • 9 PPOI NTMENT TO RETIREMENT BOARD . R. EELV IN .COOPER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-935 A RESOLUTION APPOINTING R. BELVIN COOPER TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND APPOINTING THE SAME MEMBER TO THE RETIREMENT BOARD OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN FOR THE TERM COMMENCING DECEMBER 14, 1973 AND ENDING DECEMBER 13, 1975 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs.. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 20 APPOINTMENT TO RETIREMENT BOARD - GABRIELLA LANDAU The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-936 A RESOLUTION APPOINTING GABRIELLA LANDAU TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND APPOINTING THE SAME MEMBBR TO THE RETIREMENT BOARD OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN FOR THE TERM COMMENCING DECEMBER 1, 1973 AND ENDING DECEMBER 1, 1975 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, ibboso Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 131 NOV 21 1973 EU APPOINTMENT TO URBAN DEVELOPINENI .REV .EIL BOAR DISCUSSION Mr. Plummer: Mr. Mayor on item 23, I will move the name of Mr. Thurston Hatcher. Mr. Reboso: Thurston Hatcher says he does not want to serve. Mr. Plummer: He does not want to serve? Mr. Reboso: That is what Mr. Acton told me. Mr. Acton: I recommend you send it back. By resolution there has to be 3 nominations. Mr. Plummer: All right Sir, do you have another name? Mr. Reboso: I would like tosend back the name of Wilfredo Boratto. Mayor Ferre: Let me ask a question. Willie Borotto is serving on a Metro Board of some kind - the zoning board? Mr. Reboso: He is the architect in charge of Interama. MAyor Ferre: I know who he is. He is a very well known and capable architect I think. I think the point being here is since we do have latins as a minority in this community that we ought to really strive to get on all these boards, blacks, latins, women as much as possible. If there are capable minority people, they will at least have some representation. Now that particular board does not have one latin or one black or one woman on it. Mr. Plummer: Mr. Mayor, let's send it back to the AIA and let's defer it at this time. Mayor Ferre: If we defer, I think it would the AIA know that we do want representation minorities. to incorporate that I will move to defer. be appropriate to let on this Board of some Mr. Reboso: I will second the motion to defer. UPON UNANIMOUS VOTE OF THE CITY COMMISSION, THE MATTER WAS DEFERRED 22 RENEW INSURANCE POLICIES - PRIMARY ON POLICE AND UMBRELLA ETC. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-937 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI•TO PAY TO THE SECOND YEAR'S PREMIUMS, WHEN DUE, TO THE APPALACHIAN INSURANCE COMPANYAND MIDLAND INSURANCE COMPANY FOR POLICIES OF INSURANCE PREVIOUSLY PURCHASED BY THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) 132 NOV211973 Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs, Gordon, Reverend Gibson and Mayor Perre. NOES: None 23 PROPOSED JIATIONALFOOTBALL LEAGUE.. AGREEMENT Mr. Andrews: This is for a 5 year period now which permits the Manager to provide for any one of 4 types of games. Super Bowl games, AFC pro bowl, AFC championship and playoffs such as the dolphins are in right now. Mr. Plummer: This just gives you the authorization. This doesn't finalize it. Mr. Andrews: Itt sure would. Mr. Plummer: Whoa, back up. Mayor Ferre: I just want to ask this simple question. I just want to make sure Paul that this in no way and I want you to hear this because you are interested. in this. That in no way is this going to set a pattern for our negotiations with the Dolphins whenever they come up. I don't want Mr. Paul saying wait a moment, you gave all these other guys such and such and that means you have to give us the same deal. Rev. Gibson: I want to make sure you understand that. Mr. Andrews: Yes Sir, I understand it and I recognize this as something highly specialized. It's a 1-game event per year that might be held in the Orange Bowi with national attention and its not like seasonal types of activity like the Dolphins or the University are involved in. Mr. Plummer: I don't like the wording of this Paul. I don't like the idea. You know this Commission went on record when we went out to Phoenix for example and this Commission set forth the stipulations of what we could do, the latitute we could offer to encourage the Super Bowi to come here and when you are locking me in for 5 year period on this here, I think too many things can change over a 5-year period. If you want it for 1974 - fine but you know, who knows what is going to happen. Look what has happened to the economy in the past 3 days. Mr. Andrews: What you have to weigh is the value of having an agreement of this type in relation to those events that you might attract here. Mr. Plummer: Are they pushing for it Paul? Mr. Andrews: Yes. They are asking us to consider it so they won't have to sit down and negotiate everytime they want to use the Orange Bowl. Mr. Plummer: In other words, what they are trying in for a given set fee for a 5-year period. Mayor Ferre: J. L., let me tell you something. I Manager in this circumstance because I have to say The figure is $35,000 and I am going to tell you. the Super Bowl here for $35,000, man, I am all for Mr. Plummer: That is I wentout to Phoenix. the additional funds, to do is tie us am all for the something. If we can get it. well and good but $35,000 didn't do it when If it hadn't been for the TDA coming up with we would have been - Mayor Ferre: At that point, we have to Mr. Andrews: They say they are willing Super Bowi game, $30,000 for a Pro -Bowl cross that bridge then. to pay us $35,000 for a game, $25,000 each for the 133 NOV 211973 Championship or Divisional Playoffs game when it is held in the Orange Bowl. Mayor Ferre: I am all for it. I just want to make sure that it does not in any way set the stage for any negotiations that we may have on our own. Mr. Plummer: Mr. Andrews, I will go ahead and move for approval of this assuming that you will keep this Commission informed at all times because tomorrow $35,000 might be double what could be afforded so it works both ways. I'll move it Mr. Mayor. Rev. Gibson: Second. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION N0. 73-938 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NATIONAL FOOTBALL LEAGUE ESTABLISHING THE FEES AND CONDITIONS FOR THE USE OF THE MIAMI ORANGE BOWL STADIUM FOR SUPER BOWL, AFC- NFC PRO BOWL, AND AFC CHAMPIONSHIP GAMES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 24 ACCEPT COMPLETED WORK - MARINE STADIUM PARKING LOT LIGHTING The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-939 A RESOLUTION ACCEPTING THE COMPLETED WORK OF BRANAM ELECTRIC COMPANY FOR THE MARINE STADIUM PARKING LOT LIGHTING - 1973 AT A TOTAL COST OF $60,733.28; AUTH- ORIZING THE INCREASE OF $441.28 IN THE CONTRACT AMOUNT; AND AUTHORIZING A FINAL PAYMENT OF $8,802.38 TO BRANAM ELECTRIC COMPANY FOR MARINE STADIUM PARKING LOT LIGHTING 1973 (Here follows body of resolution, omittedr•here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 134 • 25 ACCEPT. PLAL-y.Y. LAGL M .I R AL .PARK. _ Of RESURRECTION SUE The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-940 A RESOLUTION ACCEPTING THE PLAT ENTITLED FLAGLER MEMORIAL PARK GARDEN OF RESURRECTION II, A SUB- DIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACC- EPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: NOne MR. PLUMMER: SHOULD I ABSTAIN FROM VOTING ON THIS ITEM? MR. LLOYD, CITY ATTORNEY: Do YOU HAVE ANY DIRECT FINANCIAL INTEREST IN THE CEMETARYY MR. PLUMMER: No SIR. 26 ACCEPT PLAT - FLAGLER MEMORIAL PARK- MEDITATION SECTION SUB The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-941 A RESOLUTION ACCEPTING THE PLAT ENTITLED FLAGLER MEMORIAL PARK -MEDITATION SECTION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was.: passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 133 NOV 211973 • 2ILAIN SETTLEMENT -.$tL. GARRETT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-942 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BILL GARRETT WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $64.48 IN PULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 28 CLAIM SETTLEMENT - SHELDON TURETSKY The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-943 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SHELDON TURETSKY WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $26.00 IN FULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FOR ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 136 • 29 CLAIM SETTLEMENT MS, ANNA.GERARD The following resolution was introduced by Mr. Plummer who moved its adoption: 1 RESOLUTION NO. 73-944 A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY TO MS. ANNA GERARD WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $35.00 IN PULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON 'EHE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gitson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 30 CLAIM SETTLEMENT - MRS. WALTRETTA SALLEE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-945 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MRS. WALTRETTA SALLEE WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $150.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 137 NOV 211973 • CLAIM SETTLEMENT NA AR° MI AL, The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-946 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO NAZARO MIRABAL, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $95.68 IN FULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution- omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso Mrs. Gordon, Reverend Gibson and Mayor Ferte. NOES: None 32 CLAIM SETTLEMENT - GISELA TERNER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-947 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $202.40 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS GISELA TERNER: and AUTHORIZING THE CITY MANAGER " AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING THE GISELA TERNER FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferro. NOES: None 138 NOV 211973 33 CLAIM_ SETS PERSHING AUTO ,LEASING INCORPORATED The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-948 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $200.00 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OP THE CITY OP MIAMI VERSUS PERSHING AUTO LEASING, INCORPORATED; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING PERSHING AUTO LEASING, INCORPORATED, FROM ANY AND ALL CLAIMS AND DEMANDS FOR PROPERTY DAMAGE ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 4 CLAIM SETTLEMENT - EMILIO RIVAS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-949 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $94.56 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS EMILIO RIVAS; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING EMILIO RIVAS FROM ANY AND ALL CLAIMS AND DEMANDS FOR PROPERTY DAMAGE ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 139 NOV 211973 35 ACCEPT HIGHWAY Blfili? (WAY DEED - Mares CLUB OF roconur_cROvE The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-950 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BV WOMAN'S CLUB OP COCONUT GROVE, FLORIDA, CONVEYING APPROXIMATELY 156.25 SQUARB FEET FROM THE SOUTHERNMOST EXTREMITY OF LOT 6, BLOCK 1, OF THE PLAT ENTITLED "SUBDIVISION OF LOT 4, MUNROE'S PLAT", AS RECORDED IN PLAT BOOK A AT PAGE 51, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 36 BID AWARD DISCUSSION OF BASEBALL STADIUM LIGHJING Mr. Plummer: Let's put this on the record Mr. Mayor. This in particular company is the•company who is the subject of a litigation of a lawsuit with myself at the present time. If you asked me if I thought they were qualified, I would have to resoundly tell you what I think. What is the answer? Mr. Llloyd, City Attorney: The answer is to whether or not this bidder is an acceptable bidder. I think we can just reject al] bids and - Mr. Plummer: I don't want to put the administration in that position. Mr. Andrews: Mr. Mayor and members of the Commission, will you defer this item f39 so I can look into it personally. UPON UNANIMOUS DECISION OF THE CITY COMMISSION, THE MATTER WAS INDEFINITELY DEFERRED 37 AWARD BID - ADDITIONAL SANITATION AND PARKS & RECREATION EQUIPIENT In connection with the award of this bid, the following conversation took place: Mayor Ferre: Who is the low bidder? Mr. Andrews: Mr. Crouch, will you assist me by announcing the names of the names of the low bidders? Before he announces the low bidders, let me tell you one problem that we had that I want to make sure is publically in the record. When we drew the specifications, we asked for a performance bond. By performance bond, this meant that the equipment was deliverable within a certain number of days. If it was not deliverable in that time, the bidder would have to suffer the penalty of the performance bond. In an administrative matter, Mr. Lloyd informs me, I have the prerogative of setting that action aside if all the bidders supplied bids and they ignored the performance bond. These bidders on heavy equipment do not like to be pinned dawn 'as to time because of the problem they have in getting deliveries from factories. NOV 1973 140 • The City received bids without the benefit of a performance bond as to time of delivery. In other words, we are somewhat at the mercy of the vendor in supplying the equipment to us. Mr. Plummer: Well isn't this the one that the Mayor told you to give us the names of the companies and he would push on them. Mr. Andrews: No, we are talking in general terms. We have this problem no matter what equipment it is and I guess almost everybody is experiencing this and the Mayor was explaining to me which I will indicate publically that the only tray to really get results in this is to assign a person to this activity and have him almost bird-dog this, a full 8 hours of each day, in order to expedite the purchase of equipment. We are going to have to do something similar in order to achieve - Mr. Plummer: Is this the award of $191,000? Mr. Andrewv: Yes it is. Mr. Plummer: I'll move 40. Its a number of bidders that appears in this Mr. Mayor. Mr. Crouch: There were 11 bidders. 9 are being awarded and only 3 are being affected by this performance guarantee. The rest of them didn't come up with it. Mr. Plummer: Is anywhere in there, tree removal piece of equipment? Mr. Crouch: No Sir, it is not. Mr. Andrews: We have a separate report coming to the Commission on this. We have investigated this thoroughly. We are willing to go back and do it once again. Our initial investigation goes back as far as 1964 and exactly the same piece of equipment proved to us that it was not usable here. We are willing to have the person come back from Fort Lauderdale and re -demonstrate the piece of equipment to us but our findings so far - Mr. Plummer: In other words, you haven't seen the demonstration of the piece of equipment that they now have. Mr. Andrews: Yes I have. 1964, this is the exact piece.. of equipment, there is no changes in it. That's what we are trying to tell you. Mr. Plummer: So you are going to have them come down and see if it will work. Mr. Andrews: Again. once again. Mr. Plummer: I move Item 40 Mr. Mayor. Mr. Reboso: Second: The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-951 A RESOLUTION AWARDING CERTAIN BIDS RECEIVED NOVEMBER 12, 1973 IN THE TOTAL AMOUNT OF $191,437.05 FOR THE PURCHASE OF NEW AND ADDITIONAL HEAVY EQUIPMENT PHASE I FOR THE DEPARTMENT OF PUBLIC PROPERTIES CITY GARAGE DIVISION FROM REVENUE SHARING FUNDS PROVIDED IN THE 1973-74 BUDGETS OF THE DEPARTMENT OF SANITATION AND THE DEPARTMENT OF PARKS AND RECREATION; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCH- ASING AGENT OF THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS THEREFOR 141 NOV 21' 73 (Here toitows body of resolution, Dotted here and on file in City Clerks Office) • Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 3/3 PROCLAMATION TO COL. MARINA y NATIONAL CIVIL AIR PATROL The following proclamation was read by Mayor Ferre- WHEREAS the members of the Civil Air Patrol set an inspiration and example for all of through their volunteer service in helping others - those lost, those injured, those victims of air and sea accidents and in general those in our community in distress, and WHEREAS these individuals through collective efforts are totally unselfish in nature, derived from an inner necessity to fulfill life by administering the requirements of an emergency are to help better the lives of their brothers and neighbors and their fellow human beings, and WHEREAS THE National Civil Air Patrol goes beyond the humanitarian aspect in the furthering and bettering of aviation in this nation and in the education of aero-space science, and WHEREAS THE BOYS AND girls and men and women of this organization be recognized for their deeds and accomplishments and that this recognition be given on the 32nd anniversary of the Civil Air Patrol on December 1, 1973, now therefore, I MAURICE FERRE, Mayor of the City of Miami, do hereby proclaim this week beginning Sunday November 25, 1973 as CIVIL AIR PATROL WEEK. Mayor Ferre then presented the proclamation to Colonel Marina who appeared and thanked the Commission for the presentation. 39 EXECUTIVE PAY PLAN Discussion of the Executive Pay Plan was deferred by the Commission to the meeting of December 13th. 40 APPOINTMENT OF VICE MAYOR OF THE CITY OF MIAMI Mr. Plummer: Mr. Mayor, at this time it is most appropriate as called for in the charter that we appoint one of our own as Vicp-Mayor. Father Ctbson has served very fine in that position and I think this (iommission owes him a debt of gratitude for helping out and serving in the term of Vice -Mayor. It is that time when we shall select another one of our own to serve as Vice -Mayor and I at this time would like to submit the name of Commissioner Manolo Reboso to serve in the capacity as specified in the Charter for a period of one year starting today. I offer that in the form of a motion. Mayor Ferre: I just want to ask a question. Father Gibson started in April and he hasn't served a full year. I don't know how this is usually - Mr. Plummer: Mr. Mayor, about 2 years ago, somehow or another by Reverend Graham going over t o Metropolitan Dade County, then Mrs. Gordon became Vice -Mayor and she asked so that she could serve near a term of a year that it be extended but it does not and I spoke to Father before hand or just now that the charter does provide that it shall be on the first meeting in November. That is the normal situation. I checked with Father first that we revert back to the charter and get it in concurrence with the charter as it is provided. Mayor Ferre: I just wanted to make sure everything is understood. The fot kwing resolution was introduced by Mt. plummet who moved its adoption: RESOLUTION NO. 73-952 A RESOLUTION APPOINTING AND ELECTING MANOLO REROSO CITY COMMISSIONER AS VICE -MAYOR OP THE CITY OP MIAMI, FLORIDA (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. Rlummer, 9ordon, Gibson and Mayor Ferre; NOES: None DISCUSSION OF POSSIBLE PURCHASE OF (MASONS RULES OF ORDER} Mrs. Gordon: May I say at this moment Mr. Mayor, if we could order some Masons Rules of Order for each of the Commissioners, it would be a great help. I have been informed they are available and can be obtained by writing away for them. Mayor Ferre: The problem with that is we may be changing to Roberts Rules of Order. Mrs. Gordon: Well governments generally operate under Masons. I am not setting rules. I am just asking if we can have copies of what we are presently working under. Mayor Ferre: The charter does not say what rules we have to go by. We can adopt our own and any rule of order that we want. Mrs. Gordon: I was informed that in 1960, we adopted Mason's. Mayor Ferre: What I am saying is that it is not a charter matter. Mrs. Gordon: If you don't want to get them, its okay with me. The Library has a copy and anyone wanting it can get it there. 42 TEMPORARY CONDITIONAL USE - LOTS 11, 12 AND N. S' OF LOT 13 BLOCK 1, HARDING HEIGHTS (6-138) Mr. Andrews: This is a special matter that was heard by the Planning Board yesterday or day before. Mr. Mc Donald: My name is Kirk Mc Donald, law offices at 2740 Ponce De Leon, Coral Gables representing University Federal Savings and Loan Association. We are here asking for a conditional use of property located at S. W. 6th Street and S. W. 27th Avenue. Mayor Ferre: Let me cut through quickly. Were there any opponents at the zoning hearing? There were none. Mr. Lleyd, why did this matter have to be heard today? Mr. Plummer: That wasn't my question. Sir, I have no objections but this is the kind of thing that comes back to haunt us. Why did you do it without a normal public hearing? I am all in favor of it but- 143 NOV 211973 Mayor Ferre: I asked Mr. Andrews why this could not be put on the have a certain emergency which I that you have to have this heard December. last night if there was any reason agenda tonight because these people want them to explain and why is it tonight rather than on the 13th of Mr. McDonald: We have appr&al from the Federal Home Bank Board with the proviso that we commenceoperations as soon as practically possible. The policy has been to try to get the branches open as soon as possible and particularly this christmas season that we are coupling together our savings drive located at S. W. 12th Avenue and S. W. 1st Street simultaneously with this branch. If we have to wait for the December 3rd Commission, and then go about the necessary preparations, unfortunately we would not be open until after the first of the year. We ask this Commission to give us consideration so that we can get this branch open prior to the first week in December so that we can be in a position to offer the gift program for the savers in that community and perhaps they can use them for some of their own christmas gifts and we are trying to couple this together with our other advertised programs both at our home office as well as our branch in the City of Miami. As you probably all know, we were fortunate in acquiring the 3 Toby cafeteria sites - Mr. Plummer: Let me see if I can, because I have to live with my conscience afterwards. Mr. Lloyd, is this possible that we can approve this subject to a public hearing at the next meeting? Can we do that sir, and then I can live with my conscience. I am all in favor and have no objections. It's just that when you do this, you set a precedent? Mr. McDonald: It was my understanding there was no necessity for a public hearing on this. Mr. Plummer: Sir, anytime you don't have a public hearing, you lay yourself wide open for criticism. Mr. Lloyd: Since this is a conditional use, you could approve it for a week or so. Mr. Plummer: Mr. Mayor, I move to approve this item until the 13th of December at which time we will re -hear it again as a regular advertised item. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-953 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PRO- VIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 8 (5), TO PERMIT TEMPORARY USE OF A MOBILE HOME TRAILER IN CONJUNCTION WITH THE CONSTRUCTION OF NEW UNIVERSITY FEDERAL SAVINGS BUILDING ON LOTS 11, 12, AND N 5" OF LOT 13, BLOCK 1, HARDING HEIGHTS (6-138), LOCATED AT S. W. CORNER OF S. W. 27TH AVENUE AND S. W. 6TH STREET, ZONED C-2 (COMMUNITY COMMERCIAL), DISTRICT, FOR A PERIOD TO DECEMBER 13, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the res 3ution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 144 NOV 211973 • APPOINTMENT OF CITY, COMMISSION REPRESENTATIVE ON THE INVESTMENT COMMITTSE OP THE CITY OP MIAMI EMPLOYEES, RETIREMENT_ SYSTEM AND PLAN The following motion was introduced by Mayor Ferre who moved its adoption: A MOTION APPOINTING COMMISSIONER ROSE GORDON AS CITY COMMISSION REPRESENTATIVE ON THE INVESTMENT COMMITTEE OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN Upon being seconded by Mr. Reboso, the motion was adopted by the following vote - AYES: Messrs. Plummer Reverend Gibson and Mayor Ferre. ABSTAINING: passed and Reboso, Mrs. Gordon The following motion was introduced by Mayor Ferre who moved its adoption: A MOTION REAPPOINTING COMMISSIONER J. L. PLUMMER AS CITY COMMISSION REPRESENTATIVE ON THE INVESTMENT COMMITTEE OF THE CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM AND PLAN Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Reboso and Mayor Ferre. ABSTAINING? Mr. Plummer c4 REPORT BY CITY MANAGER ON UTILIZATION OF THE ORANGE BOWL STADIUM FOR EVENTS OTHER THAN FOOTBALL Mr. Andrews: That report has been sent to you. I was not planning to discuss this at length with the City Commission, in that we would put this on the agenda on the 13th with appropriate resolution. Mr. Plummer: You know Paul, we have to be fair. We told this man he would get an answer today. Mr. Andrews: I have an answer ready. I am sorry I don't have the report to give you. It was sent to you rather than distributing it at the Commission. It sets up all the controls, I think, that will allow me to make judgments at the time that people come in and want to use the Orange Bowl. Mr. Plummer: I want it in front of me Paul. I want to read it. I want to know what it says. Mr. Andrews: As I stated, I was going to distribute this to the Commission and I did distribute it so that you would have time to read it. I wanted to merely report that we had completed our review and I wanted to place this on the December 13th Commission Meeting for an appropriate resolution to be adopted, at least that is the process I have set up. I am prepared to discuss it right now if you choose to discuss it. 145 • Mr. Plummer: Paragraph #2, oh I see, other than - Mr. Andrews: In ►case we get into adjustments etc. On the $10,000 performance bond. The bond can be purchased it doesn't have to be cash. Only reserved seats be sold so we can control the public and the orange bowl because there will be many events in which you will not be able to fill the Orange Bowl but if the audience or the population is such that it can be accomodated at the Baseball Stadium or the Marine Stadium, it would not permit the use of the Orange Bowl but shifted to one or the other facilities. I am suggesting that to you as a policy that I would follow that when the population of the Orange Bowi gets down to 4 or 5,000 people, I don't think its right to use the Orange Bowl for that kind of event/ Rev. Gibson: But this man wants the use of the Orange Bowi. Mr. Andrews: What I am saying to you and this is a judgment that you will have to make . When the population for these events is less and some other facility will work, like the Baseball stadium or the Marine Stadium which has seating capacity for 7600 or so. Unidentified Man: I would dare say that if that were to be injected on here that the City would lose revenue. If you are charging something like $25,000 or 15% whichever is greater, it would be very difficult to charge $25,000 to use the Miami Marine Stadium so therefore I think that would be to the city's disadvantage. Mr. Andrews: This doesn't apply to the Marine Stadium. This only applies to the Orange Bowl. Rev. Gibson: I don't think we ought to tell a man- if a man comes to us for the Orange Bowl, either he could use it or he can't use it. I don't think you ought to have the right to shift from the Orange Bowi to the Marine Stadium. If I were contracting with you I am going to contract with you to go to a certain place. Mr. Andrews: Well Commissioner Plummer can tell you the problems that the City has and he can verify it. With small groups of people in a great big stadium, the difficulty you have in policing that facility, you have to assign almost as many policemen as you do when you have 30,000 people in order to properly police it. Mr. Plummer: Paul, that is well and good and Father, there is no question but let me tell you when you have 3,000 over there, they tear that stadium just unbelievable. Paul let me tell you where we fall out here but maybe disagree. You are talking about here that the minimum event revenue would be $25,000 or 15% whichever is greater. I am wholeheartedly in concurrence . Paul I want a guarantee. I don't want $10,000 guarantee. I want $25,000 guarantee. Mr. Andrews: It is. The performance bond is in addition to that. Mr. Plummer" The performance bond is $10,000. Now wait a minute, I don't want a guarantee in writing. I want it guaranteed in escrow. Mr. Andrews: Yes Sir. Mr. Plummer: Well where does it say that? Mr. Andrews: It is established at a minimum guarantee in an amount sufficient to warrant the use of the Orange Bowi Stadium. Mr. Plummer: Paul please, I can guarantee it. It don't mean I got the money. We saw a recent event here at the baseball stadium where the man guaranteed there would be 80,000 people and 1500 showed up and he went broke. Mr. Andrews: I would anticipate he would make advance payment. 146 Mr. Plummer: Hey, I don't want to anticipate. I want it in writing. I want cold cash in hand. Notr, that's definite. No ifs, ands and buts there: We are talking about u minimum of $10,000, I'll go along in a performance bond but I want $25,000 placed in deposit with the City of Miami before you ever execute a contract. Mr. Andrews: Yes sir. Mr. Plummer: I am talking about cold cash. Mr. Andrews: That's what I am talking about. Mr. Plummer: Let me tell you what we are doing. Now this man will stop and think a second time before he signs a contract and he puts up $25 big ones and this is going to discourage the use of the Orange Bowl for possible smaller events and they are going to use cheaper rental which is like $350.00 over at the Marine Stadium. Rev. Gibson: But you see, we are doing indirectly what we don't want to do directly. If you say to this man, you put up money and this is what you have got to do, it shouldn't be your doggone business to transfer him to another place. All you have got to do is get your money. That's all I am saying and what Mr. Andrews is saying is not This man is saying, I want ostensibly, ••the Orange Bowl. Mr. Plummer: Father, as long as he meets this criteria set forth here and I am sure Mr. Andrews will fully protect the City, that you won't get on the playing field and you won't put any of the bands on the playing field. I don't think its Mr. Andrews prerogative to say use some other stadium. We are not in disagreement. Rev. Gibson: J. L., you and I are together but Mr. Andrews, you and I are not together. Mr. Andrews: Well I think we are. Rev. Gibson: Mr. Andrews, explain to me, I don't understand legal terms. If I wanted to use the Orange Bowl and I came to you and I said, I want to use the Orange Bowl all things being equal, what do you want me to do? Mr. Andrews: Well, if I sat down with you and you came to me and you said you wanted to use the Orange Bowl, I would explain the conditions to you and the $25,000 minimum guarantee requirement and you would say, I am only expecting 3 or 4,000 people, I would say to you, you better stop and think what you are doing. You are going to put up $25,000 and that means an awful price to charge for some event , wouldn't it be better for you to use the Marine Stadium? Or one of the other facilities? Rev. Gibson: Mr. Andrews, what you are missing is, I don't think that is your business. Mr. Andrews: Okay. Rev. Gibson: If this man agrees to meet your stipulations by way of money, that atn't none of your so and so business. You ought to go on and let him have it. J. L., if he is going to put up the money man and he wants to take the loss, let him take it. That's his business. Mr. Plummer: The thing you are not figuring in Father is right now the School Board is using it for highschool football teams. We have less police problems with 15,000 in those stands than we do with 3,000 so he is making a point. I understand the point. Rev. Gibson: I understand, but all I am saying Mr. Andrews is if a man says okay, I am not going to have 15,000 I am going to have 5,000 but I am going to pay your money. What are you going to tell him? 147 NOV 211973 • Mr. Andrews: Rev. Gibson: going to set Mr. Andrews: I am probably going to let him use the facility. I don't want to hear no probably because if we are the policy. If you set the policy, I will have to. Rev. Gibson: If the man has e:omplied with your requirements, I want to be relatively sure he puts up that money, the cash and the bond that- Mr. Andrews: I couldn't do that if I wanted to because there is no criteria in the memorandum I sent you on minimum use in terms of population in the Orange Bowl. Mr. Plummer: You are talking about minimum dollars. Mr. Andrews: Minimum dollars controlls it, not people. Mr. Plummer: That talks real loud, now let me go into one other point. Are you satisifed on that point? Rev. Gibson: I just wanted to make sure I,knew what I was talking about. What I heard isn't what you just said. Mr. Andrews: I will say it again so there won't be any misunder- standing. If this. gentleman comes to me and wants to use the Orange Bowl under these conditions and put up $25,000 and I say, well what size crowd are you anticipating putting in the Orange Bowl and he says, about 3500 people, I'll have to advise him, I think it's only wise, to avoid a problem that he has got an unusual set of circumstances here that he is putting 3500 people in the Orange Bowl when there are other public facilities that we have that can better accomodate him. Rev. Gibson: Let me make sure, I will go further. If he has the $25,000 and the performance bond for the Orange Bowl, what are you going to do then? Mr. Andrews: Accept it - Rev. Gibson" That's all I want to hear. Mr. Plummer: I think #4 is really a little bit unreal. You know Paul, I have been to concerts where people just really don't stay in their seats. They get the feeling of the music. I think Paul you know, when a man rents a facility, we don't tell people when they rent Bayfront Park Auditorium or some other auditorium. They rent a facility, they rent it. Now, I can understand from the standpoint, if you want to close off the upper deck, that's understandable. I can understand that but if you want to take and make it mandatory they have to go into a seating program, this, - Robbie just went into a computer type of ticketing that must have cost a fortune. Now they can sell a ticket with a number on it rather than a seat number. I think maybe you are talking about 10 or 15 thousand dollars difference. Mr. Andrews: No, the Coconut Grove Theatre sells tickets to all their events and I don't think they are computerized. Mr. Plummer: How many seats does the Coconut Grove theatre have? Mr. Andrews: This is a one time event and I can live with the policies that the Commission sets but I just want to caution you that an event like they are planning, say 30,000 people in the Orange Bowl and you don't have some control over where they sit and they can move around in the Stadium all over, we are buying problems. 148 fy0V 211973 Mr. Plummer: Paul if you sell them a reserved seat, are you going to get somebody to put glue on their behind? Mr. Andrews: No but if you run into a problem person and you want to put them in a seat, you can ask him for a ticket and see that he gets in a seat and if he doesn't obey, then you can force him to leave the stadium. Mr. Plummer: Well let us say that if that creates a problemp, we will look at it at a different time. I just think that when you start printing 80,000 with a reserved seat number on them, I think you are asking for more than you can bite off. Let me get into another important point. This might touch on you and we are living in a different set of morals today than when I grew up. You got a little zi`iger in there. It says here that a very broad scattergun, that s':attergun says, only allow entertainment that can be viewed by the ent:.re family and maybe if I tell you that I saw in the paper the day before yesterday that in Germany, on TV they showed Deep Throat. Now that could have been viewed by the whole family. You understand what I am saying? I don't want to be placed into a position where they bring a burlesk or a strip tease here and then I am told later, well the whole family viewed it. What I am saying is I guess maybe prompted 'by Tempest Storm in Tallahassee. Now, I don't mind looking at Tempest Storm but, you know I think you are going to have to be a little bit more definitive here Paul as to what can be viewed by the entire family. Mr. Andrews: This is to reinforce and without bringing in the entire ordinance, that is unavailable to u:. now for policing the people who put on a show and the promoters and so forth, this was to reinforce that area and we are using that as criteria anyway. Mr. Plummer: I think that what might be good here and applicable is the same criteria as set forth for the use of the Dinner Key Auditorium. God forbid we should ever get back into a Jim Morrison type of thing that could happen. Now Please, I am not speaking to you sir. Unidentified Man: I understand. Mr. Plummer: I was there that night and I well remember it and let me tell you something. I think that Mr. Andrews that any of these that are questionable, I think you should bring before this Commission and let us go on record of either agreeing or disagreeing to it. I don't know what kind of show you are contemplating. Unidentified man: We are talking about a musical festival. Mr. Plummer: Fine but what I am saying is I think this is an area that we could get ourselves in trouble on so I make that for the record and leave those areas to Paul that were questionable and I would expect you to bluing it before this Commission. Mr. Andrews: With those understandings, then I will prepare a resolution that will be the Commission's policy embracing these areas and place it on the agenda for the 13th and we will adopt it and then we can move forward from that time on. Unidentified Man: Is it possible that we can get a confirmation of the idea that the Commission will rent the Orange Bowl for a non -sporting event? Mr. Plummer: You are going to find out right now. Mr. Mayor, if you are so agreeable with the stipulations and corrections noted by the members of this Commission, I will move that we accept the recommendations of the City Manager in his report dated November 21, 1973 as it pertains to the Orange Bowl and non -athletic events. Rev. Gibson: Second. 149 NOV211973 • A MOTION ACCEPTING THE RECOMMENDATIONS OP THE CITY MANAGER IN HIS REPORT DATED NOVEMBER 21, 1973 AS IT PERTAINS TO ORANGE BOWL NON -ATHLETIC EVENTS Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibsonand Mayor Ferre. NOES: None 45 ALLOCATE S1911253.50 FOR ACQUISITION OF PROPERTY -WAINWRIGHT PARK The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-954 A RESOLUTION ALLOCATING $191,253.50 FROM THE PARK AND RECREATIONAL FACILITIES BOND FUNDS TO PROVIDE FOR THE ACQUISITION OF LOTS 92 4 93 IN BLOCK B, FLABLER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT•BOOK 5 AT PAGE 44 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA PURSUANT TO THE CIRCUIT COURT JUDGMENT DATED OCTOBER 31, 1973 AND INCIDENTAL COSTS OF WAINWRIGHT PARK; FURTHER PROVIDING THAT SAID FUNDS BE RETURNED TO THE PARK AND RECREATIONAL FACILITIES BOND FUNDS UPON THE RECEIPT OF THE FEDERAL AND STATE FUNDS FROM GRANTS PREVIOUSLY APPROVED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Plummer: Let me ask you this Paul, $650,000 of this was dele- gated from the Parks Bonds program. Where do we stand in the validation of those bonds? Mr. Andrews: They have been validated. Mr. Plummer: back all the Mr. Andrews: They have been all validated. Okay, have we paid funds that we have borrowed? To my knowledge, yes we have. • 150 N0V211973 • 46 STATUS... OF UNDERWOOD WMARINE CONDEMNATION Mr. Plummer: Let me ask you Paul, where do we stand? I remember the attorney for Underwood Marine screaming at us and legitimately so either take me or buy me. Where do we stand on that? We were only money apart as I remember Mr. Harris Turner, Asst.City Atty: Yes, we filed suit against Underwood Marine and we are in the process now. We are in constant contact with the Attorney and we are proceeding as rapidly as possible on both sides. Mr. Plummer: Wait a minute now. You know this is one of those areas Mr. Mayor if you will hear me out. How much difference were you? See this is a fact that was never brought before this Commission and this is something I say is wrong and we saw this in what was termed the uranium field down here where something jumped from $190,000 up to h million in 2 years and Mr. Andrews and Mr. Lloyd, both of you, in the future before you file any of these condemnation suits, I think this Commission should be aware of what the difference is between what we have offered and what they have accepted because sometimes I think that this Commission in its wisdom might want to say, go ahead and pay the difference. Mr. Mayor, are you aware of what I am saying? Father Gibson? I want to know what was the difference between the two because the last figure I saw, we were only about 40 or 50 thousand dollars apart. Well what is considerably more? Unintelligible response from unknown person followed. Mr. Plummer: Well they have gone up in their asking then. I'll tell you what you do. Mr. Andrews, well now wait a minute. Do I put you in the jackpot if I ask Mr. Watson to come down here and see if we can't compromise this thing out? I am asking Mr. Lloyd because they are the ones that filed the lawsuit. Mr. Lloyd: There is nothing wrong with that. Mr. Plummer: Mr. Mayor, I would like to see those people come down here at the next meeting and let's see if we can't browbeat them a little bit and now that is assuming they want to come. If they want to come down here, I want to listen. Let us hope that we can meet on middleground here. Litigation isn't cheap. Mr. Lloyd: We might be able to save some money on attorneys fees. Mr. Plummer: I don't ever want to be accused that we didn't try and in the future, I personally, and I think every member of this Commission should know where we stand before these lawsuits are filed. Now do you need a motion to that effect? So that in the future, we .will always. be notified? Mr. Lloyd: Its not necessary. Mr. Turner: Commissioner Plummer, if I may clarify it. Before we file suit, we always have a resolution authorizing filing of the suit and we will make this now part of the information , the last offer and the last bid by the City and it will be part of our resolution. 151 40 AUTHORIZE ISSUANCE . Cr_ PERMIT _ST_. MICHAELS_ CHURCH _ AMUSEMENT_ .RIDES The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-955 A RESOLUTION AUTHORIZING THE ISSUANCE OP A PERMIT TO ST. MICHAEL THE ARCHANGEL CHURCH FOR AMUSEMENT RIDES ON THE PARISH GROUNDS LOCATED AT 2987 WEST FLAGLER STREET IN CONJUNCTION WITH THEIR ANNUAL FESTIVAL ON NOVEMBER 22ND THROUGH 25TH, 1973, SUBJECT TO CERTAIN TERMS AND CONDITIONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 48 ENTER INTO CONTRACT WITH PARAMOUND CONCESSION FOR FOOD, BEVERAGE AND NOVELTY CONCESSION AT THE 1974 ORANGE BOWL PARADE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-956 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PARAMOUNT CONCESSION INC., FOR THE FOOD, BEVERAGE AND NOVELTY CONCESSION IT THE 1974 ORANGE BOWL PARADE TO BE HELD IN MIAMI; FLORIDA ON DECEMBER 31, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 152 A brief discussion concerning applications for the restructured Planning Board and Zoning Board took place and the Commission decided to place the ads again in local papers including community papers in effort to get citizen attention and participation and the City Manager ,suggested preparation of a press release in the hope the newspapers would'aiso print a story concerning the matter. 49 TRANSPORTATION PLAN FOR DOWNTOWN MIAMI-REPORT BY CITY MANAGER Mr. Andrews: The Secretary of Transportation, Walter R. Revell, will be in Miami especially to present to the City Commission, the transportation plan for downtown Miami. It will take place on December 7 between 11 A.M. and 12:15 noon. Mayor Ferre: Would you ask him if he could make it a little earlier betwwen 9 or 10, and then I can catch an afternoon flight to Puerto Rico. Ask Mr. Revell to get here a little earlier. Mrs. Gordon: Are you sending us a memo on this? Mr. Andrews: Yes, as soon as we find the new time, we will prepare a memo. Mrs. Gordon: I won't be hereon the 7th. I will be in Tallahassee. Mayor Ferre: Ask him then to do it some other day and if its got to be on the 7th, tell him to make it as early as possible so as many of us can be here. Try to postpone it. Mr. Andrews: Commissioner Plummer is asking to see if it can be done on the llth. We'll try that also. 2 days before the meeting. 50 PROCEDURES AT CITY COMMISSION MEETINGS - PROPOSALS BY MAYOR FERRE The following procedures were read into the record by Mayor Ferre: The following are procedures that I recommend the City of Miami adopt. Some of these changes I can do under my prerogative as Mayor of the City and therefore Chairman of the Committee. Others require the concurrence of the majority of the Commission and yet others are ordinances. Rather than get into the legality of each, I am going to outline the changes 1 would, like to implement and ask for your concurrence so that at the afternoon session we can come to an agreement, and so that Mr. John Lloyd, the City Attorney, can by then have them in legal form. Rather than act unilaterally, which under the charter I can, I want to do this in unison with you because we have difficult times ahead and I certainly want us to act and feel like a team in the best sense of the word. 1. Set the regular meeting hour at 8:30 a.m. punctually. However, if we have a short agenda it will be the prerogative of the City Manager or the Mayor to set it at 9 a.m. This would permit us to start meetings earlier and therefore end the sometime long meetings in the afternoon. 2. No new items will be brought up that are not on the agenda, in other words, the five-day rule will be invoked. I see no reason why new matters cannot be announced and full disclosure and specific information provided five days before the Commission Meetings, thus giving each member time to study the proposals. Naturally, an exception would be made for emergency matters. 3. During the morning and afternoon regular sessions, no matters will be taken out of the regular order; again, unless it is an emergency, or the appearance of someone from another governmental body or member of any government. NOV 211973 153 • 1 4. There will be a time limitation on all presentations: On general matters - 1 nutes; on zoning presentons 15 minutes. Al.. though the c.ter specifically states at on toning procedures only new matters are to be brought up, rather than a rehashing of what was stated before the zoning board, I feel that it is imprac- tical to tell people who want zoning variances that they can not restate their main argument. As an alternative to the procedure set by the charter, a time limitation on zoning procedures is a far more acceptable solution. Naturally, if the occasion warrants more time an extension will be given. But if everyone starts with the knowledge they only have 15 minutes I feel they will expedite their presentation. 5. The Commission Meeting will begin at 8:30 a.m. on the regular agenda. Special items and presentations will be made from 11:00 o'clock on. Depending on the agenda, the Manager will decide whether the special presentations begin at 11:00 or 11:30 a.m. 6. Depending at what time the Manager has scheduled the special items and presentations, one half hour before, the chair will announce that on the half hour sharp, the regular sessions will end, thus giving the speakers on any item a half hour. If any items remain on the morning agenda, when the half hour cutoff point begins, it will be carried over to the afternoon session. It will be up to the Manager, therefore, to schedule the more important or more controversial matters first and those of less impact, and perhaps with less citizens appearing on them, last. 7. The afternoon session will begin at 2:00 o'clock sharp, or at 2:30 p.m., depending at what time the morning agenda breaks and will run as a general session between 2:00 or 2:30 p.m. to 4:00 or 4:30 p.m At 4:00 or 4:30 p.m. personal appearances will again be heard. With this system personal appearances will only be heard at the ttnd of the morning and at the end of the afternoon sessions, so that we will not have, as in the past, the continuous parade of interruptions for special individuals. Naturally, an emergency, or the appearance of an important gov- ernment•official, would require a deviation from this procedure. 8. Once a month, during the afternoon hearing, I have requested the Manager to bring before the Commission a Department Head to go over general or specific matters affecting the City of Miami as a form of information to the Commission, public exposure to the general citizenry of Miami and lastly, a prelude so we are better prepared for budget hearings. It is my hope that budget hearings will begin earlier in the year so that we can have a proposed budget by the August vacation time, therefore, having much more public participation and discussions of our budget before final approval in September. 9. At the discretion of the Manager, but hopefully, once a month, rather than an afternoon session, the Commission will meet in the evenings, thus permitting more public participation. It is my hope that items that are of neighborhood impact and interest will be placed on these occasional evening meetings. 10. Once a month, either in the afternoon session, or in the morn- ing session, the City Commission will meet at various neighbor- hood locations so that in effect it will be a combination City Commission -Town Hall meeting so that when we finish with the items on the agenda we can proceed to listen to complaints and concerns of the general citizenry at a neighborhood level. This would require an ordinance change. 154 NOV 211973 • Mayor Terre emphasized the need for community meetings and suggested such meetings would gain support from the grass roots citizens and encourage citizen participation in local government, that the City is alive and on the move. Mrs. Gordon suggested the use of an already existing mobile unit "City Hall" concept in an effort to reach into neighborhoods on a weekly basis. The City Attorney announced the preceding rules of procedure had been presented to the Commission by the Mayor and that if he so desired, the City Attorney could be instructed to prepare any necessary amendments to the Ordinances to implement and present them at the next meeting. Mr. Andrews suggested the memorandum submitted by the Mayor could be used as a guide and this could be implemented and have a few meetings and use this as the basis for having a few meetings and if later adjustments are required - they can be made, for later adoption in ordinance form. The Mayor requested the concept of the Mobile City Hall be also included. 51. DECLARE MONDAY, DECEMBER 24, 1973 AS OFFICIAL CITY HOLIDAY The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION OF THE CITY COMMISSION DECLARING MONDAY DECEMBER 24, 1973 AS A HOLIDAY FOR ALL CITY EMPLOYEES Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 52 SERVING ALCOHOLIC BEVERAGES ON DECEMBER 24 AND DECEMBER 31 Mr. Plummer: In the same vidn Mr. Mayor, Paul, so we don't get in this last minute bit and that's all I am trying to avoid. Puul we always come up with this last minute bit about serving alcoholic beverages on, we always give them what is it, a 2 hour extension? Mr. Andrews: Yes. Mr. Plummer: How does that affect Monday? We were into a problem last year because of a Sunday. Mr. Andrews: I don't know to what extent that affects us or what - Mr. Plummer: Well but still we are operating on the 1 o"clock on the old, right? Mr. Mayor, if its in accordance with you, it has always been done in the past, that we now set the policy of this Commission for a 2 hour extension on December 24th and on December 31st being Christmas Eve and New Years Eve, that we give a 2-hour extension on the liquor hours. Mr. Reboso: I second that motion. Mr. Plummer: Not the nightclubs now - from the 1 o"clock to the 3'oclock - Everybody. Carte Blanche. 155 NOV 211973 The following motion was introduced by Mr. Plummer who moved its adoption: A MOTION GRANTING A 2-HOUR EXTENSION FOR THE SALE OF ALCOHOLIC BEVERAGES BEYOND THE USUAL CLOSING TIME ON THE DATES OF DECEMBER 24TH AND DECEMBER 31, 1973 Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 53 CHANGE DATE OF COMMISSION MEETING - SECOND MEETING OF DEC. 1973 The following motion was introduced by Mr. Reboso who moved its adoption: A MOTION CHANGING THE l.)ATE OF THE SECOND REGULAR CITY COM MISSION IN THC: MONTH OF DECEMBER 1973 FROM DECEMBER 27TH TO DECEMBER 20, 1973 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 Ferre. NOES: None 54 APPOINT COMMISSIONER GORDON- CITY REP. FLA. PLANNING & ZONING ASSOCIATION CONVENTION The following motion was introduced by Mr. Reboso who moved its adoption: A MOTION APPOINTING COMMISSIONER ROSE GORDON AS THE CITY OF MIAMI REPRESENTATIVE AT THE FLORIDA PLANN- ING AND ZONING ASSOCIATION CONVENTION TO BE HELD DECEMBER 5 THRU DECEMBER 8. 1973 Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and mayor Ferre. NOES: None ADJOURNMENT: Thom being no £u4the4 bu4.Lne44 to come be{o4e the City Commi44ion, the meeting wab adjourned at: s:so O'Ceoch P.M. MAURICE A. FERRE At#ast: Fume R LPH G. ONGIE Acting City Ma 156 NOV 211973 • CITY OF MIAMI DOCUMENT � j ORATEG i�INDE ►„Ft04— MEETING DATE: NOVEMBER 21, 1973 ITEM N0 DOCUMENT IDENTIFICATION 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 COMISSION AGENDA & CITY CLERK REPORT (13 pages) CONDITIONAL USE- OFF-STREET PARKING LOTS 26 & 29, BLK. 3 - 4244 VARIANCE -CONSTRUCTION BLK. 14 - 6625 S.W. AND 4290 S.W. 7th ST. OF FRONT PORCH -LOT 11 4TH ST. VARIANCE -PERMIT REPLATTING OF LOT 1, "THE SUBDIVISION" - 2390 S.W. 17TH TERRACE VARIANCE - ADDITION TO OFFICE BLDG.LOTS 19, 18 AND 20 BLK. 12S - 501 S.W. 1st ST A NON-PROFIT THERAPEUTIC CENTER TO BE ESTABLISHED ON LOTS 1 THRU 8 BLOCK 17, DIXIE HIGHWAY TRACT EXTENSION OF THE WATSON ISLAND DEVELOPMENT STUDY AGREEMENT NOTICE PUBLIC MEETING -DR. MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT "911" EMERGENCY TELEPHONE NUMBER SYSTEM... METHOD OF IMPLEMENTATION URGING LEGISLATURE OF FLORIDA STATE ENACT BILL DESIGNATED AS HOUSE BILL 115 AND SENATE BILL 82 URGING LEGISLATURE FLORIDA STATE TO ADOPT BILL RELATING TO CRIMINAL PENALTIES APPOINTING R. BELVIN COOPER TO THE RETIREMENT BOARD-MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM APPOINTING GABRIELA LANDAU TO THE RETIREMENT BOARD-MIAMI CITY EMPLOYEE'S RETIREMENT SYSTEM FILL THE VACANCY CREATED BY THE RESIGNATION ARCHITECT LESTER PANCOAST PAYMENT SECOND YEAR'S PREMIUMS TO APPALACHIAN INSURANCE COMPANY AND MIDLAND INSURANCE CO. AGREEMENT WITH THE NATIONAL FOOTBALL LEAGUE FEES USE MIAMI ORANGE BOWL STADIUM ACCEPT COMPLETED WORK-BRANAM ELECTRIC COMPANY - MARINE STADIUM PARKING LOT LIGHTING COMMISSION 1 RETRIEVAL ACTION ICODE NO. 0055 73-926 73-927 73-928 73-929 0056 73-931 0057 73-932 73-933 73-934 73-935 73-936 0058 73-937 73-938 73-939 • c CUN. N1J t4 DEX ONTINUEDPACe.= DOCUMENT IDENTIFICATION 18 1ACCEPT PLAT ENTITLED FLAGLER MEMORIAL PARK GARDEN OF RESURRECTION II 19 1 ACCEPT PLAT ENTITLED FLAGLER MEMORIAL PARK MEDITATION SECTION 20 CLAIM SETTLEMENT -BILL GARRETT 21 CLAIM SETTLEMENT-SHELDON TURETSKY 22 CLAIM SETTLEMENT-ANNA GERARD 23 CLAIM SETTLEMENT-WALTERETTA SALLEE 24 CLAIM SETTLEMENT-NAZARO MIRABAL 25 I CLAIM SETTLEMENT -CITY OF MIAMI VERSUS GISELA TERNER 26 I CLAIM SETTLEMENT -CITY OF MIAMI VERSUS PERSHING AUTO LEASING INCORPORATED • 27 1 CLAIM SETTLEMENT -CITY OF MIAMI VERSUS EMILIO RIVAS 28 1 ACCEPT HIGHWAY RIGHT OF WAY DEED EXECUTED BY WOMAN'S CLUB OF COCONUT GROVE 29 1 ACCEPT BID -PURCHASE OF NEW AND ADDITIONAL HEAVY EQUIPMENT PHASE I -DEPARTMENT OF PUBLIC PROPERTIES • 30 i ELECTING MANOLO REBOSO CITY COMMISSIONER AS VICE -MAYOR CITY OF MIAMI 31 , CONDITIONAL USE -ORDINANCE NO. 6871- CONSTRUCTION OF A NEW UNIVERSITY FEDERAL SAVINGS BUILDING • 32 PARK AND RECREATIONAL FACILITIES %OND FUNDS- " ACQUISITION LOTS 92 & 93 IN BLOCK B, FLAGLER 33 PERMIT ST. MICHAEL THE ARCHANGEL CHURCH AMUSEMENT RIDES-2987 WEST FLAGLER STREET t 34 CONTRACT WITH PARAMOUNT CONCESSION INC.- FOOT CONCESSION-1974 ORANGE BOWL PARADE • 35 1 NEWSPAPER ADVERTISEMENT -NOTICE OF PROPOSED ENACTMENT OF ORDINANCES -October 23-1973 1 CODE H0. R-73-940 73-940 R-73-941 73-941 R-73-942 73-942 R-73-943 73-943 R-73-944 73-944 R-73-945 73-945 R-73-946 73-946 R-73-947 73-947 R-73-948 73-948 R-73-949 73-949 R-73-950 73-950 73-951 73-952 R-73-951 R-73-952 R-73-953 R-73-954 R-73-955 R-73-955 73-953 73-954 73-955 73-955 0059 •