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HomeMy WebLinkAboutCC 1972-02-03 Minuteso M MiS;SION MINUTES PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MUM TO MINUTES OF REGULAR MEET/NO CITY COMMISSION OF MIAMI, FLORIDA February 3,1972 ORDINANCE & BBAMMIAM. 1. PROCLAMATION - CRIME PREVENTION WEEK: 2. FIRE APPARATUS - AWARDING BID: 43188 3. WALK/DON'T WALK SIGNAL ADJACENT TO GRAPELAND 43189 HEIGHTS PARK: 4. ORANGE BOWL CONCESSION: 43190 5. FEDERAL ANTI RECESSION AND FULL EMPLOYMENT LAW: 43191 6. H-4352 - CONFIRMING ORDERING OF DISTRICT: 43192 7. REZONING - LOTS 6, 7 & W 10' Lot 8, Block 2 K NLOCH PARK (11-35) : 8036 8. JEFFERSON HIGHWAY IMPROVEMENT - H-4350 DEFERRING: 43193 9. REZONING DENIAL -LOTS 21-24 BLOCK 2 RAILWAY SHOPS 43194 ADD. AMD: 10. DUO PARK UNITS, OTS 5, 6, 7, BLOCK 103N PROUTS SUB (B-65): 43195 11. CLOSING, VACATING, ABANDONING FOR PUBLIC USE N.W. 11TH STREET ROAD AND HIGHLAND ROAD BETWEEN N.W. 14 ST AND E/W EX'WAY: 43196 12. NEWSPAPER RECYCLING PROGRAM: • 13. OLD PORT SITE - REMOVAL OF STRUCTURES: 43197 14. DADE LEAGUE OF MUNICIPALITIES -MEMBERSHIP OF CITY OF MIAMI: 43198 15. MT. Zion _BAPTIST CHURCH-REQ. FOR ALLEVIATION OF PARKING: 43199 16. OLD FIRE STATION NO. 7 - POSSIBLE USE AS A PARK 43200 SITE: 43201 17. DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS - SELECTION OF NEWSPAPER TO PUBLISH: 43202 18. EASEMENT FOR WATERMAIN-NEAR SITE OF NEW FIRE STATION NO. 2: 43203 19. RIGHT OF WAY DEED-20' STRIP OF LAND NEEDED FOR WIDENING OF SW 22ND AVE: 43204 20. RENEWAL OF WASTE COLLECTION LICENSE -WASTE DISPOSAL CORPORATION: 43205 21. GRANTING OF WASTE COLLECTION LICENSE -UNITED SANITATION SERVICES INC: 43206 22. MERRIE CHRISTMAS PARK - CONSTRUCTION OF NEW FENCE: 43207 23. EXECUTION OF GRANT AGREEMENT - HOUSING AND URBAN DEVELOPMENT: 43208 24. BID ACCEPTANCE -POLICEWOMAN'S SLACKS FOR POLIC:: DEPT.: 43209 I ORDINANCE & 25. BID ACCEPTANCE -INSURANCE COMPANY OF NORTH AMERICA: 43210 26. ABANDONED AND DERELICT VEHICLES -COUNTY TO ASSUME RESPONSIBILITY: 43211 27. DINNER KB"Y AUDITORIUM -LEASE OPERATOR: 28. FLORIDA EAST COAST PROPERTIES -PRESENTATION OF PLANS FOR PLAZA VENETIA: 43212 29. HOUSING FOR 10,000 YOUTHS DURING THE DEMOCRATIC CONVENTION: 30. REQUEST FOR AMENDMENT TO SECTION 30-28 ARTICLE III, CHAPTER 30 TO PERMIT SALE OF FLOWERS IN SPECIAL CATEGORY: 43213 31. DINNER KEY AUDITORIUM -(continued from Item #27): 43214 32. PENSION BENEFITS - FIRE AND POLICE: 43215 33. REQUEST FOR PARKING AREAS SURROUNDING MIAMI STADIUM JUNE 30 THRU JULY 3, 1972 FOR CIRCUS: 34. MAYORS REQ. FOR PENSION IMPROVEMENTS FOR DEPT. HEADS AND THEIR ASSISTANTS: 35. APPOINTMENT OF MEMBERS TO THE MIAMI FOLK FESTIVAL COMMITTEE: 43216 36. SANITARY SEWER BONDS-$5,000,000. AND HIGHWAY IMPROVEMENT BONDS - $2,000,000. NOTICE OF SALE: 43217 37. LEJEUNT GARDENS SEWER IMPROVEMENT-SR-5315-C,SR-5315-S:43218 43219 2 • CandfiISSI0NE0F P1IAMEFLORtDA ON THE 3RD OF FEBRUARY, 1972, THE CITY COMMI SIGN OF MIAMI, FLORIDA METT AT ITS REGULAR MEETING PLACE IN SAID TY IN REGULAR ESSION, HE MEETING WAS CALLED OR ORDER AT 9:35 H.M. BY I9AYOR AVID 1. K NNEDY WITH THE F LLOWzjNG MEMBERSMPRESENT: MESSRS. HRISTIE, bRAHAM, MUMMER, JIRS. CORDON AND AN INVOCATION WAS DELIVERED BY REVEREND GRAHAM, WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, 1. PROCLAMATION - CRIME PREVENTION WEEK. THE MAYOR PRESENTED,A PROCLATION TO OUDGE RAY EARtWEST ROCLAIMING THE WEEK OF JANUARYAM .)1.THROUGH EBRUARY 6AS CRIME IREVENTION WEEK, 2. FIRE APPARATUS - AWARDING OF BID THE APPROPRIATING I$1YUr,DUUOFROM CAPITAL K UP FOR SIMPROVEMENT AUNALLOCATED POSED ERESOLUTION FUNDS IN LIEU OF AND UNTIL SUCH TIME AS ADDITIONAL BONDS ARE SOLD FROM THE BALANCE OF FIRE FIGHTING AND RESCUE FACILITIES BONDS FOR THE PURPOSE OF PURCHASING FOUR SEPARATE PIECES OF FIRE APPARATUS. MR, REESE: I WOULD LIKE TO COMMENT ON THIS. THE WAY THIS ITEM APPEQRS.ON THE AGENDA IS THE .WAY IT WAS RE OMMENDED IitY THE EPARTMENT $UT 1 WANT- TO BRING SOMETHING TQ IHE CITY LOMMISSION TIFNTION. IF YOU AWARD 3 PUMPERS TO WARD LAI'RANCE, IT WILL BE,? O5.UU CH APER FOR THE CITY THAN IF WE AWARD THEM ALL TO AMERICAN LA RANCE, IT IS MY UNDERSTANDING FROM CHIEF KEtVNx THAT IT WAS PUT OUT ON A UNIT BASIS FOR THE BID AND AMERICA LAIRANC AME IN WITH A BID THAT IF WE PURCHASE QLL OF THIS FROM RMERICAN LAPRANCE, IT WOULD AMOUNT TO ONE TOTAL. IF WE SPLIT THE BID QN GO 0 WARD LAt'RANCE, THE DIFFERENCE IN THE TOTAL BID IS *9OJ UO. Y RECOMMENDATION IS $ AND THIS IS GOING TO CQ NTER TO CHIEFKENNEY S. MY RECOMMENDATION IS THAT WE SAVE THE $903.UO. AND CHIEACTUALLYKENNEY: BQTHWWAD RULD LArRANCETO-EAND XPLA�ERICAN LAFRANCERMAKEMGOODTION APPARATUS AND i HAVE NO PAE EFERENCE BETWEEN THE TWO. THE REASON 1 RECOMMENDED THE WAY THAT DID THAT WE.PUT THE BIDS OUT ONA INDIVIDUAL BASIS, WE DIDN T ASK FOR A LUMP SUM BID, WARD LAI'RANCE IN THEIR PROPOSAL INDICATED THAT IF.WE R D THEM ALL OF THE PUMPING UNITS, THAT WE COULD SUBTRA T O� ER UNIT, WHICH WOULD IQW R THEIR BID ON THE PUMP R BY $4,2 b. THIS WOULD MA E THEM i9O5.0U LESS THAN AMEBIC N LA RANCE S ID ON THE PUMPERS. WO YEARS AGO WHEN WE WERE BUYING LIRE APPARATUS,_1E WERE BUYING TWO PUMPERS AND AN AERIAL, AT THAT TIME AMERICAN LAI'RANCE REQUESTED THAT WE LPUMP THE BIDS TOGETHER WHICH WOULD HAVE MADE THEM LOW OVERALL. TOLD THEM AT THAT TIME THAT WE HAD REQUESTED INDIVIDUAL BIDS AND NOT A LUMP SUM DID AND THEY WOULD HAVE TO BE CONSIDERED AS INDIVIDUAL BIDS. iHEY DID NOT GET ALL OF THE AP ARATUS LIKE THEY WOULD HAVE IF WE HAD LUMPED THE BIDS TOGETHER THEY WOULD HAVE BEEN LOW IF WE HAD LUMPED THEM ALL TOGETHER, tHE REASONS THAT 1 RECOMMENDED THE WAY THAT I DID THIS TIM IS BECAj�JJS IT WOULD BE ABSOLUTELY IN REVERSE OF WHAT 1 HAD TOLD AMERICQN LAIRANCE TWO YEARS AGO WHEN WE BOUGHT THE FIRE APPARATUS AND 1 FELT THAT 1 HAD TO BE CONSISTENT. 1 HAVE.TRIED TO B AS FAIR WITH THESE APPARATUS MANUFACTURERS AS 1 POSSIBLY COULD. 1 FELT THAT IF 1 TOLD THEM ONE THING ONE TIME AND ANOTHER THING ANOTHER TIME, THAT IT WOULDN T BE FAIR TO THEM, REV. GRAHAM: CHIEF, YOU ARE REALLY WEIGHING QUALITY WITH ECONOMY, IS THAT RIGHT? CHIEF KENNEY: I DIDN'T UNDERSTAND YOU SIR. REV, GRAHAM: ARE YOU WEDDING ECONOMY WITH QUALITY? CHIEF KENNEY: NOT NECESSARILY, I THINK THAT BOTH OF THE APPARATUS IS GOOD. HAVE NO PREFERENCE AT ALL AS FAR AS THE 2^-72 APPARATUS IS CONCERNED. 3 • • WE HAVE BOTH WARD LAFRANCE AND AMERICAN LAFRANCE APPARATUS AND SERVICE NOW AND WE HAVE BEEN VERY PLEASED WITH THEM, REV, GRAHAM: BUT WE ARE SAVING SOME MONEY ON THIS, AREN'T WE? ITCHITEF O &ARDELAFRANCEE IF WWEMWOULD SAVEP THE E$EUSP��S TOGETHER AND AWARD REV, GRAHAM: AND MR, REESE, YOU SAY THIS IS NOT IN OPPOSITION WITH THE WAY YOU OPERATE, IS IT. MR. REE E: W�yLL, I THINK THAT THERE IS A LACK OF COMMUNICATIONS HERE. CHIEF KENNEY S EXPLAINING WHY HE RECOMMENDED THIS TO BE AWARDED TO AMERICAN LAFRANCE AND I APPRECIATE AND UNDERSTAND HIS POSITION, HE IS ENDEAVORING TO BE CONSISTENT WITH THE PO ITION HE TOOK TWO YEARS A1 0 ON ADVERTISING FOR EQUIPMENT, BUT, 1 AM IN A POSITION THAT HAVE TO LOOK AT IT ABSOLUTELY NOT ON THE POSITION THAT THE CHIEF TOOK AS FAR AS ANY ASPECT OF IT BUT TRYING TANO FPICKEUPUTj ���$9USEFOU IN THISWE CAN SBID,AVE SBYELUMPLINGMONEY NTHISD ITOGETHER.S IS ONE WAY WE ROW THIS, IS A z C NIQUE THAT ONE BIDDER USED, HE SAID THAT YOU COULD DEDUCT $77U.UO IF YOU COULD LUMP THESE PIECES TOGETHER AND IT IS THE SAME TECHNIQUE THATS OFTEN OR USED TQ BE USED BY BIDDERS WING IN AND HYING THAT IF YOU BUY FROM M , 1 WILL GIVE YOU A LA DISCOUNT. [HIS IS THE SAME TECHNIQUE. UOSAN CALL IT A GIMMICK OR ANYTHING YOU WANT TO, BUT ITS $9 5. . REV. GRAHAM: You DO RECOMMEND IT THEN? MR. REESE: I RECOMMEND THAT WE BUY THE PUMPERS FROM WARD LAFRANCE AND WE BU aE LADDER FROM AMERICAN LA PRANCE WHICH IS THE WAY YOU SAVE THE s9�3.UU. CHIEF KENNEY: I MIGHT POINT OUT THAT IF YOU LUMPEDMALL OF THE BIDS TOGETHER, BVYING ULA�IAC�10E WOULD APPARATUS, BE �6,YQ�,��MPED ALL OF THEM TOGETHER, n RR U0 LOW, OVERALL. IHE ONLY WAY THAT WARD LAFRANCE COULD BE CONSIDERED LOW IS IF YOU LUMP TWO OF THE BIDS TOGETHER. MR. PLUMMER: CHIEF, WHAT POSITION DOES THIS PUT YOU IN, IN TWO YEARS FROM NOW WHEN YOU GO TO BUY EQUIPMENT AGAIN. CHIEF KENNEY' I DON'T THINK IT WOULD AFFECT MY POSITION. THE ONLY REASON THATt f$ADE THE RECOMMENDATION TLA�RANCETHAT THIATDID WEWAS COULDBECAUSE TWO YEARS AGO 1 HAD INDICATED TO HMERICAN LUMP THE BIDS TOGETHER WHEN WE ADVERTISE THEM EPARATELY AND THAT THEY WOULD HAVE•TQ BE CONS D RED SEPARATELY. BECAUSE IF WE HAD DONE SO AT THAT TIME,.AMFRICAN LAtRANCE WOULD HAVE RECEIVED THE $ID ON ALL QF,THE APPARATUS. AT THAT TIME, WE AWARDAD TWO UMPERS TO AMERICAN LAFRANCE AND THE AERIAL, LADDER TRUCK TO WARD LAFRANCE. MR. PLUMMER: I WOULD LIKE TO ASK ANOTHER QUESTION. MR. REESE, WOULD YOU EXPLAIN TO ME WHY THIS MONEY WILL BE COMING OUT OF CAPITAL IMPROVEMENTS RATHER THAN OUT OF THE BOND ISSUE? MR, REESE: BECAUSE THIS IS EQUIPMENT FOR A NEW FIRE STATION AND WHEN WE BUILD A NEW FIRE STATION, WE ARE AFFORDED THE OPPORTUNITY UNDER THE CAPITAL IMPROVEMENT PROGRAM AND THE LAWS ETC. TO BUY THE EQUIPMENT FOR THAT STATION. MR, PLUMMER: WASN'T IT IN THE BOND ISSUE, MR. REESE TO TAKE AND TO PURCHASE NEW EQUIPMENT FROM THAT BOND. MR, REESE: THAT WAS PART OF IT. THATS WHY ITS OUT OF CAPITAL IMPROVEMENTS. MR. PLUMMER: HAD THE BONDS BEEN SOLD IN REFERENCE TO FIRE? MR, REESE: YES SIR. 2-3-72 • • MR. PLUMMER: MR, VICE MAYOR, IF YOU WANT A MOTION, I WILL GIVE IT TO YOU SIR. REV. GRAHAM: YES WE DO. MR. PLUMMER: THE RECOMMENDATIONS OF THE CITY MANAGER TO PURCHASE AS HE HAS STATED, 1 SO MOVE, REV. GRAHAM: MRS, GORDON: REV. GRAHAM: IS THERE A SECOND? SECONDED, ANY DISCUSSION? UNIDENTIFIED REPRESENTATIVE OF AMERICAN LAFRANCE: I WAS HERE BECAUSE OF THE AGENDA AND THE R SOLUTION SEEMINGLY WOULD HAVE THE RESOLUTION PASSED THAT AMERICAN LAFRANCE, WHO S THE LOWEST BIDER, WOULD RECEIVE THE BID IN THE PROPOSALS. ACCORDINGLY NOW, I HEAR A CONTRARY RESOLUTION AND A MOTION BEING MADE BY THE LOMMIS$ION. 1F I MAY BRIEFLY FOR ONE MINUTE SO YOU WILL UNDERSTAN , HMERIC N LAFRANCE IS QNE OUTFIL AND WARD LAFRANCE IS ANOTHER, AND AMERICAN LAFRANCE THAT 1 REPRESENT IS THE LOWEST BIDDER, ITEM FOR ITEM, FOR EVERY N IVIDUAL BID YEAR. BUT x0 LUMp THREE ITEMS TOGETHER, THEN WARD LAtRAN E WAS CHEAPER BY s�OU.UO. 1IUT ON AN INDIVIDUAL BID, WHICH BY LAW, I FEEL YOU M S HONQR AND RESPECT, EVERY BID WE ARE LOWER. WE ARE LOWER BY $b,uOO.OU QNE ITEM AND I WILL TELL YOU GENTIrEMEN NOW THE WAY 1 AM REACTIN , 1 MAY WITHDRAW THIS BECAUSE I DON T KNOW WHAT TURTHER TO DO. IWO YEARS AGO WE TRIED IT THAT WAY AND WE WRONG. HIS TIME WE TRIED IT THE WAY WE WERE TOLD AND IF WE ARE GOING TO BE WRONG AGAIN AND YET WE WERE THE LOW ON EVERY ITEM BID. MAYOR KENNEDY: IN OTHER WORDS, THE LAST TIME, YOU ALL BID THIS WAY AND YOU WERE WRONG AND NOW THE CHIEF SAID THAT SINCE LAST TIME YOU DECIDED TO GO THIS WAY THAT IT WOULD BE THE ONLY FAIR THING TO DO WOULD BE TO JUDGE THIS SEI OF BIDS BY THE BIDS THAT WERE THE LAST TIME, IS THAT RIGHT LHIEF. CHIEF KENNEY: To $E CONSISTENT, I HAVE TO MAKE MY RECOMMENDATIONS THE SAME WAY THAT 1 DID BEFORE. �MR. REESE: AND ALSO FOR THE RECOR , YOU OUGHT TO TELL WHAT AMERICAN LA PRANCE WAS AWARDED LAST TIME. THEY MAY HAVE BEEN WRONG BUT THEY RECEIVED SOME OF THE EQUIPMENT. CHIEF KENNEY: THE LAST TIME, AMERICAN LAFRANCE WAS OW ON A LUMP SUM BASIS, THEY WERE NOT LOW ON THE AERIAL LADDER, 0 I RECOMMgNDED THAT BECAUSE THEY WERE ADVERTISED INDIVIDUAL Y THATAMERICAN ALA RANCE BE AWARDED THE BID FO TWO PUMPERS AND WARD LAFRANCE BE AWARDED THE AMID FOR THE AERIAL. THAT WE COULDN'T LUMp THEM TOGETHER TO GIVE ERICAN LAFRANCE ALL OF THE APPARATUS, THEY WERE ADVERTISED INDIVIDUALLY SO THEREFOR, THEY HAD TO BE CONSIDERED INDIVIDUALLY. HE POLICY THAT 1 TOOK AT THAT TIME AND BASED MY RECOMMENDATION ON AND THIS TIME,IF I RECOMMEND LUMPING BIDS TOGETHER IN ORDER TO GIVE IT TO WARD LArRANC4 THAT WOULD BE ABSQLUTELY IN REVERSE OF WHAT 1 DID LAST TIME AND I COULDN T DO IT. 1 HAVE TO BE CONSISTENT, MR. PLUMMER: ARE XOU SAYING THAT YOUR BID MIGHT HAVE BEEN LOWER, HAD IT BEEN LUMPED. AMERICAN LAFRAN9E: WELL, WE ARE LOWER, LUMPED AND ALL OF THIS PACKAGE TOGETHER AND WE RE LOW R BY 9 OR / THOUSAND DOLLARS. HE IS DIVIDING THE PACKAGE TO BOOT. IF YOU WANT TO TAKE THE WHOLE FOUR BIDS AND THERE ARE THREE BIDS FOR FOR UNITS, LUMP THEM TOGETHER, WE WILL ACCEPT THAT RESOLUTION. WE RE b TO 9 THOUSAND DOLLARS CHEAPER BUT WHAT MR, KEESE HAS DONE IS HE HAS TAKEN TWO THIRDS OF THE ENTIRE PROPOSAL WHICH WE HAVE TREATED AS SEPARATE PROPOSALS BY THE WAY BECAUSE THATS THE WAY THEY WERE PROPOSED AND HAS TRIED TO DIVIDE IT UP IN A FURTHER INEQUITABLE FASHION FOR AMERICAN LA RANCE, ESPECIALLY AFTER THE WAY WE BID. WEIF WE HAD BEEN TOLD THAT WE COULD BID THIS WAY AND WEWAREE OSALDVINGVTHEE H�ITYDALMOSTOUR IgUR��6.��PECIALLY ON A BID TRUCK 2-3-72 5 • • MR. EESE: I DON'T THINK IT NEEDS TO BE DISCUSSED REALLY OR FOR THE MANAGER TO EXPLAIN IT ANY MORE, I LOOK AT IT AS MY BORDER TO COME UP WITH CQMBINATIONS THAT WE CAN PURCHASE AT THE LEAST POSSIBLE PRICE. I DON'T THINK ANYBODY IS BEING LEFT OUT AND IF YOU UNITCAN ANDPUT COMEOUPTHER WITHAS A 9U3.OU DIFFERENTIALEVERYTHING S ANING THEQIDEA PER HAT IF YOU LUMP THEM ALL TOGETHER AND AWARD TH M TO AMERICAN LAIRANCE, IF YOU ADD UP YOUR ARITHMETIC OF AMERICAN LAFRANCE, WITH ALL THE UNITS OY TOWARDLArRANCE, OUOWOULD DEFINITELY MAWARD ITATO AMERICAN ING LA t'RANCE BECAUSE WHEN YOU LUMP IT ALL TOGETHER, IT IS THE LEAST AMOUNT BUT AS SOON AS YOU START TO PICK IT APART) ANDPQSINCE THESE PUMPERS WOULD GOANOTHER.. THEN YOUTO START TOONENORSAVETTHE CITYT905.uu. GOES TO MAYOR KENN DY: YES B T TWO YEARS FROM NOW, YOU MAY NOT BECAUSE I AM SURE AMERICAN LAFRANCE GAVE US THE PRI E BECAUSE THEY THOUGHT THEY WERE GOING TO GET THE WHOLE PACKAGE, IF THEY KNOW NOW THAT IT IS GOING TO BE ON AN INDIVIDUAL BASIS AND EVERYBODY STARTS BIDDING INNDIVIDUALLY, I THINK TWO YEARS FRAM NQW, ITS GOING TO COST -dE LITY- A LOT MORE MONEY THAN THE $900.U0 IT WILL BE SAVING THIS TIME, MR. REESE: MR, MAYOR, I DON'T WANT TO DEBATE THIS. I HAVE COME UP WITH A RECOMMENDATION AND ALL 1 WANT TO SAY IS THAT TWO YEARS FROM NOW, THE SPECIFICATIONS SHOULD GO OUT DEFINITELY STATING IT CAN BE LUMPED TOGETHER, IT CAN BE PURCHASED INDIVIDUALLY OR IN UNITS. MAYOR KENNEDY: WELL, JUST SPEAKING AS ONE COMMIg SIONER, I THINK THAT THIS TIME WE SHOULD DO IT THE WAY THAT THE LHIEF DID IT TWO YEARS AGO. IF IT WAS GOOD TWO YEARS AGO, HE SHOULD DEFINITELY STICK TO THAT SAME GAME PLAN THIS TIME AND THEN THE NEXT TIME IT SHOULD BE SPECIFIC AND THE BIDDER SHOULD KNCW WHETHER ITS GOING 1 0 BE A LUMP DEAL OR WHETHER ITS GOING TO BE AN INDIVIDUAL DEAL, UT RIGHT NOW, YOU ARE PENALIZING THE PEOPLE WHO THOUGHT IT WAS GOING TO BE THE SAME WAY AS IT WAS THE LAST TIME AND I THINK THAT WE HAVE TO BACK THE CHIEF ON THIS BUT I THINK THE NEXT TIME CHIEF, IT SHOULD BE SPECIFICALLY STATED THAT ITS EITHER LUMP OR INDIVIDUALLY. CHIEF K NNEY: THESE WERE ADVERTISED INDIVIDUALLY. THREE SEPARATE $IDS. EPPA ATE SPECIFICATIONS, THE SAME AS IT WAS TWO YEARS AGO. AMERICAN LAIRANCE WANTED ME TO LUMP THEM TOGETHER SO THAT THEY COULD GET ALL OF THE APPARATUS ALL OF THE TIME AND WOULDN T DO IT BECAUSE THEY WER ADVERTISED INDIVIDUALLY IT WAS IN THE BEST INTEREST OF THE LITY TO AWARD IT THE WAY I RECOMMENDED IT THE LAST IME, TWO YEARS AGO, BECAUSE IF WE HAD AWARDED IT ALL TO AMER�tI AN FRANCE OVERALL IT WOULD BE LOW OVERALL AS QQP OSED TO WARD LAIRANCE. OW�,}VER $Y AWARDING TWQPUMPERS TO AMERICAN LAI RANCE AND THE LARDER TO WARD LAFRANCE, THE ITY SAVES MONEY. IT WAS LOW THAT WAY, WE COULD SAVE SOME MONEY THAT WAY AND THATS THE REASON 1 RECOMMENDED IT BECAUSE IT WAS ADVERTISED ON AN INDIVIDUAL BASIS YOR KENNEDY: SO WHAT ARE YOU SAYING NOW? R. KE SE: WAS THIS ADVERTISED ON AN INDIVIDUAL BASIS? CHIEF KENNEY : TES, WE HAD THR E SEPARATE BIDS, AND IF YOU CONSIDER THE THREE SIDS SEPARATELY, LIKE I DID THE LAST TIME) WHEN THEY CAME TO ME AND ASKED ME TO LUMP THEM TOGETHER,I SAID N0, THEY WERE ADVER= TISED SEPARATELY, THEY WILL BE CONSIDERED 4EPARATELY. NOW IF YOU DO ON ALLTHIS THREETIME) BIDS. I HERONLYTHEM WAYPTHATEWARD EtRANCEICAN LCANBE AEIS LOW CONSIDERED DUUU DISCOUNTTHATTHEY OFFERPRUNITWITH THEIR LOW ON THE PUAPF IMETWO BIDS TGTAA ADVANTAGE 0� A ii PROPOSAL. NOW, AM JUST EXPLAINING THE FACTS. AS FAR AS THE APPARATIS SS CONCERNED, 1 WILL BE HAPPY WITH ANY ONE OF THEM. I WANT TO GET IT AWARDED BECAUSE WE NEED THE APPARATUS, REV, GRAHAM: MR. MAYOR, I THINK THAT WHAT WE ARg WANTING TO BE CAREFUL ABOUT IS THE WHOLE QUESTION OF EQUITY. WE DON T WANT TO GIVE ONE MAN BEER AND ANOTHER MAN CHAMPAGNE, WE WANT TO MAKE SURE BOTH GLASSES CONTAIN THE SAME KIND OF LIQUID 6 2-3-72 a THIS IS WHAT WE'RE CONCERNED ABOUT, WE'RE NOT CONCERNED ABOUT HOW YOU HANDLED IT BECAUSE ITS YOUR JOB TO DO IT BUT WE WANT THE OTHER PEOPLE TO SHARE EQUALLY IN IT. NOW THE MAYOR'S RECOMMENDED THAT WE GO ABOUT YOUR RECOMMENDATION AND ACCEPT IT THIS TIME BUT WHEN WE COME BACK TO BIDDING AGAIN, TO BE PREPARED TO HAVE AN EQUITABLE SITUATION THAT CAN T BE QUESTIONED. CHIEF KENNEY: WE CAN DO THAT. WE CAN ASK FOR INDIVIDUAL OR LUMP SUM BIDS IN OUR ADVERTISING IF THATS THE WAY WE WANT TO DO IT AND THEN THIS PROBLEM WOULDN T EXIST. MR, PLUMMER: WHAT WOULD BE THE HARM NOW IN PUTTING THE BIDS BACK OUT AGAIN AND BEING CONSISTENT THIS TIME AND WAITING TWO WEEKS? CHIEF KENNEY: W LL THERE WOULD BE SOME DELAY AND MY PERSONAL OPINION IS THAT I THINK IT WOULD COST US MONEY. I AM QUITE SURE IT WOULD, 1 CONSIDER THESE TQ BE VERY GOD BIDS, ESPECIAL X IFH BID ON THE I.ApDER TRUCK FROM AMERICAN LAFRANCE, THEY WEIN ,UUu.00 BELOW WARD LAI'RANCE ON THE ON ITEM, THE LADDER TRUCK. IF WE PUT THESE BACK 0 T TO BID AGAIN, I AM QUITE SURE THAT THEY WOULD COME IN AT LEAST 7 TO 8 THOUSAND DOLLARS HIGHER WHICH WOULD COST US MONEY. IHATS MY PERSONAL OPINION. REV, GRAHAM: ANY FURTHER DISCUSSION ON THE MOTION BEFORE US? MR. ROTHSTEIN: FOR CLARIFICATION T9 THE COMMISSION, TH MOTION THAT IS BEFORE YOU IS NOT THE CHIEF S RECOMMENDATION, IT IS TAKING THE INDIVIDUAL BIDS AND LUMPING THEM TOGETHER AND BECAUSE THEY ARE LUMPED TOGETHER THEN THERE IS AN ADDITIONAL ISCO�INT GIVEN. THE MOTIO0 THAT YOU ARE VOTING ON IS NOT THE LHIEF S RECOMMENDATION. 1 WANT EVERYBODY TO KNOW WHAT THEY ARE VOTING ON MR. PLUMMER: MY MOTION WAS THE RECOMMENDATION OF THE MANAGER. MAYOR KENNEDY: IS THERE A SECOND TO THAT MOTION? REV. GRAHAM: LET ME ASK A QUESTION NOW, ARE THE MANAGER AND THE CHIEF TOGETHER? MR, ROTHSTEIN: No SIR, EXACTLY OPPOSITE, THE MANAGER'S RECOMMENDATION IS NOT ACCORDING TO THE BID SPECIFICATIONS, MRS. GORDON: THAT$ WHAT I WANTED TO KNOW. ITS NOT ACCORDING TO THE BID SPECIFICATIONS. MR. ROTHSTEIN: ACCORDING TO WHAT THE CHIEF HAS SAID, THESE WENT OUT ON INDIVIDUAL BIDS AND THE SECOND BIDDER HAS COME IN AND SAID, 1 BID INDIVIDUALLY SO AND SO HOWEVER AL 0 MAKE A LUMP SUM BID AND IF THATS NOT CORRECT, CORRECT ME A R. REESE. MR. REESE: THEY ALL COME IN INDIVIDUALLY AND IN ADDITION TO TO THAT, WARD LA RANCE STIPULATED THAT IF WE WOULD PUR AS THREE UNITS FROM THEM, IF WE PURCHASE TWO UNITS, z WO BE $f5O.0O, IF WE PURCHASE THREE, IT NETS OUT THAT WE SAVE 9O5.oU. MR. ROTHSTEIN: MY STATEMENT IS CORRECT THEN, THAT WAS NOT ACCORDING TO THE BID SPECIFICATIONS. MR. REESE: MAY I COMPLETE IT PLEASE? MR. ROTHSTEIN: YES SIR, MR. REESE: THERE WASN'T ANYTHING IN THE BID SPECIFICATIONS OF HOW TO BE AWARDED. HATS NUMBER ONE, NUMBER TWO IS THAT THERE IS A PROVISION IN THE CHARTER TO ACCEPT THE LOWEST BID AND IT DOESN'T TELL YOU HOW TO ARRIVE AT IT. MAYOR KENNEDY: BUT THEY WERE LOW BID, AMERICAN LAFRANCE WAS LOW ON EVERY ITEM, RIGHT. QND THIS IS THE WAY IT WAS 9IVEN OUT THE LAST TIME, RIGHT. NOW, 11 AM SAYING, THAT IF WE DON T GIVE IT OUT THIS WAY, THAT THE COMPANY'S ARE GOING TO COME IN TWO YEARS FROM NOW WHEN WE BUY AND THEY ARE GOING TO SAY THAT IF THIS IS THE WAY WE ARE GOING TO ARRIVE AT IT, WE LL JUST SPLIT THE BUSINESS AND WE'LL ALL MAKE MORE MONEY BY ADDING THE PRICE UP AND YOU TAKE THE LADDER TRUCK AND I WILL TAKE THIS AND THE CITY OF MIAMI IS THE ONE THATS GOING TO GET IT. 2-3-72 s ITS ALSO GOING TO BE AN EMBARASSING ',ITUATION TO THE CHIEF BECAUSE AND BTHE AMERICANO((��BMLAtRANCEOPEOPLETH'MEWAY INILOWAONDEVERYWBIDI HE HIS S O EAND AGO JUST THINK ITS WRONG TO DO TT T: S WAY. I THINK ITS.GOING TO END UP COSTING IS$`SOU.uOBYLUMPINGHEMTOGETHER. MEMONEY TTENO THAN WE WOULD SAVEBYTHIS HATS JUST MY PERSONAL OPINION ANDWE HA E DEBATED THI AND WE HAVE D VER E RECOMMENDATIONS FROM THE HIEF AID THE CITY MANAGER. MR. VLUMMER IAS RECOMMENDED THE CITY NAGER S, IS HERE A SECOND TO MR. LUMMERS MOTION? IS THERE A SECOND( IHE CHAIR HEARING NO SECOND, THE CHAIR WILL ENTERTAIN A MOTION THAT WE ENTERTAIN THE RECOMMENDATION OF THE IRE HIEF. MR. CHRISTIE: SO MOVED. MAYOR KENNEDY: MOVED BY MR. CHRISTIE, SECONDED BY REVEREND GRAHAM. CALL THE KOLL. RESOLUTION NO. 43188 A RESOLUTION ACCEPTING j BID OF AMERICAN LAFRANCE RECEIVED NOVEMBER W, 19� , FOR NEW FIRE APPARATUS OR NEW FIRE A N NO, AND NEW FIRE STATION NO. 5, TO WIT: ( -ETA TRA TOR DRAWN AERI4 L6 R PUCK, QNE (1 1 b.r.M. I'UMPER AN TVVQ (L) in u t�.t.l'I. PUMPERS, AND APPROPRIATING $1j0,000 FROM THE CAPITAL IMPROVEMENT UNALLOCATED FUNDS, IN LIEU OF AND UNTIL SUCH TIME AS ADDITIONAL BONDS ARE SOLD FROM THE BALANCE OF FIRE FIGHTING AND RESCUE FACIL- ITIES BONDS, FOR THE PURPOSE OF PURCHASING FOUR SEPARATE PIECES OF FIRE APPARATUS; AND AUTHORIZING AND DIRECTING ?HE CITY MANAGER TO INSTRUCT THE PURCHASING Atieff TO ISSUE PURCHASE ORDER THEREFOR (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY REVEREND GRAHAM IHE RESOLUTION WAS eASSED AN ADOPTER BY IHE FOLLOWING VOT - AYLS: SRS CH ISTIE, KEVEREND bRAHAM, MRS. CORDON AND MAYOR KENNEDY. Min: MR. ILUMMER. 8 2-3-72 411 411 3. WALKIDON"T WALK SIGNAL ADJACENT TO GRAPELAND HEIGHTS PARK THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS, GORDON, WHO MOVED ITS ADOPTION: RESOLUTION NO. 43189 A ENGINEERINGOFMETROPOLITAN NE$EPARMENT OF TRAFFIC ADE 'AUNTY TO TAKE STEPS zz0 INSTALL A WALK/DON'T WALK SIGNAL LIGHT ON N.W. 3/TH AVENUE ACCROSS THE STREET FROM GRAPELAND HEIGHTS PARK TO FACILITATE SAFE CROSSING OF THE STREET BY CHILDREN DUE TO AN INCREASED SAFETY HAZARD CAUSED BY THE WIDENING OF DOUGLAS ROAD (ONRFILEE LINWTHES O�ITYFCLERKpST�FFICE)RUTTED HERE AND UPON BEING SECONDED BY MR, PLUMMER, THYBSOLm TION WAy� EASSED AND ADOPTER BY IHE FOLLOWING VOT SRS. LHRISTIE, URAHAM, fLUMMER, MRS. I3ORDON AND MAYOR KENNEDY. N Lb: NONE 4, ORANGE BOWL CONCESSIj MR. ROTHSTEIN: MR MAYOR, IF I MAY, I WOULD LIKE TO REPORT TO THE COMMISSION THAT AT THE LAST MEETING YOU PASSED A RESOLUTION CONCERNING THE ORANGE BOWL CONCESSION wri:^H WOULD REVERSE YOUR ACTIONS IN SEVERAL REVIOUS RESOLUTIONS SUBJECT TO A BQND §EING PLACED TO HOLD THE LITY HARMLESS zN CASE OF AMAGES. IHE LITY AS RECEIV D A CLAIM LETTER FROM KESTAURANT ASSOCIATES CLAIMING DREACH OF DAMAGES IN THE AMOUNT OF THREE MILLION DOLLARS. MR, VAN CAUL HAS TAKEN THE POSITION THAI A BOND OF A FEW THOUSAND DOLLARS IS ALL THAT IS NECESSARY, rOLLOWINfi THE INTENT OF THE RESOLUTION, I HAVE DIRECTED OR REQUESTED THE MANAGER NOT TO PROCEED ON THE CONTRACT AND 1 AM ATTEMPTING WITH BOTH PARTIES AND THROUGH RESEARCH OF THE LAW, TO RESOLVE THE QUESTION OF THE BOND ISSUE AMOUNT WITHIN MY DE ARTMENT AND WITH THE VARIOUS PARTIES ND I WILL REPORT BACK TO THE COMMISSION AT THE NEXT MEETING§. F AM SUCCESSFUL, THERE WILL BE NO FURTHER ACTION OF THE COMMISSION. F 1 AM UNABLE TO 'RESOLVE IT, THEN THE COMMISSION WOULD THEN HAVE TO RESOLVE IT AND I WILL HAVE A FULL REPORT FOR YOU IN WRITING, PRIOR TO THE COMMISSION MEETING, TR, REESE: MR. MAYOR MAYI ASK FOR A POINT OF INFORMATION? WOULD IMAGINE THAT MRS. CORDONS RESOLUTION THEN WOULD HAVE TO BE MODIFIED 4ECAUP IT DID PUT A 10 DAY LIMIT IN THERE FOR SOMETHING TO HAPPEN. 11 DON T KNOW WHEN THE O DAYS STARTED OR STOPPED. MR, ROTHSTEIN: I THINK THAT IF APPROVE FURTHER MRS, GORDON: I THE END OF THIS RESOLVE THIS? THIS IS WHY I AM CALLING THIS TO YOUR ATTENTION. YOU WOULD BY RESOLUTION APPROVE MY ACTION AND DELAY UNTIL THE NEXT COMMISSION MEETING, WILL MOVg THAT WE GRANT THE FURTHER DELAY, SAY TO MONTH. WILL THAT BE SUFFICIENT TIME FOR YOU TO MR, ROTHSTEIN: THE MEETING IS ON THE 17TH, BEFORE THEN, WE WILL EITHER HAVE RESOLVED IT OR WE WILL BRING IT BACK TO YOU FOR RESOLUTION, MRS. GORDON: OKAY, WE'LL BRING IT TO THE 18TH THEN, THE DAY AFTER THE COMMISSION MEETING, MAYOLKENNEDx: IT HAS BEEN MOVED BY MRS, GORDON TO BE DELAYED UNTIL HE 18TH OF t'EBR ARY, IS THERE A SECOND TO THAT MOTION? SECONDED BY MR. �LUMMER, 9 2-3-72 RESOLUTION NO, 43190 A RESOLUTION TO DEFER UNTIL THE NEXT REGULAR MEETING THE MATTER OF THE ORANGE BOWL CONCESSION AGREEMENT; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO CONTINUE HIS NEGOTIATIONS WITH THE MIAMI TO BE POSTED NPURSUANT ITO RESOLUTION NO.T451AS WELL AS SPECIFIED IN $Q-D ERS AID RESOLUTION NO.E431/6TAND REPEALING THESTIME LIMIT OF TUOIOTENN O AY NICH WAS SPECIFIED IN SAID451/0 RE (ONRFILEE LINWTHES O�ITYFCLERKSUUFFICE)MITTED HERE AND UPON BEING SECONDED BY MR. PLUMMER, TH l SOLUTION WA; FLUMMER, URAHEzAM, MRS. bORDONHE LAND IMAYOR NG TYKENNEDY. NOLSSRSNH??STIE, ONE 10 2-3-72 5. FEDERAL ANTI RECESSION AND FULL EMPLOYMENT LAW THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM WHO MOVED ITS ADOPTION: RESOLUTION NO, 43191 tiRjyrTgriMOUR (ONRFILELINWTHES O�ITYFCLERKSUUFFICE)MITTED HERE AND UPON BEING SECONDED BY MR. PLUMMER, THFYBASOL TION WA GPASSED AND ADOPTER BY IHE FOLLOWING VOT RR : M SRS. LHRISTIE, RAHAM, F'LUMMER, MRS, bORDON AND MAYOR KENNEDY. N tb: NONE THE CITY ATTORNEY PRIOR TO THE INTRODUCTION OF THE RESOLUTION, STATED THAT IT WAS NOW IN PROPER FORM FOR ADOPTION. 6, H-4352 - CONFIRMING ORDERING OF DISTRICT THE MAYOR ANNOUNCED THAT THE COMM SSION WASREADY TQ HEAR ANY OB CTIQNS TO THE CONFIRMATION OF ESOLUTION 431L8 - J. .14TH JT EET HIGHWAY IMPROVEMENT JSTRICT 11-52 E. . CHARLES GE RGtR PPRES NTING t'OLLY DAVIS WHO HE STATED OWNED PROPERTY ALONG S. E. 14TH STREET WHERE IT WAS PROPOSED TO WIDEN THE STREET AND THAT SHE WAS A SUBSTANTIAL PROPERTY OWNER ON THAT STREET. HE SUBMITTED ARGUMENTS IN OPERATION TO THE CREATION OF THIS DISTRICT STATING THAT HIS CLIENTS OBJECTION WAS FOUNDED MOSTLY ON ESTHETICS. HE EMPHASIZED THAT THE LANDSCAPING ALONG THIS STREET WAS PREFERABLE TO ANY WIDENING AND THAT IF THE STREET WERE WIDENED IT WOULD REQUIRE THE REMOVAL OF THE CONSIDERABLE PORTION OF THIS LANDSCAPED AREA. HE STATED HIS CLIENT DID NOT WANT ANY MORE ON - STREET PARKING ON THIS STREET WHICH HE STATED IS WHAT WOULD HAPPEN IF THIS STREET WERE WIDENED. HE EMPHASIZED THAT HIS CLIENT DID NOT WISH TO PAY FOR IMPROVEMENTS WHICH WOULD NOT ONLY DESTROY THE LAND- SCAPING BUT THAT HIS CLIENT WOULD BE REQUIRED TO PAY FOR A.STREET WIDENING PROJECT WHICH WOULD BENEFIT ONLY THE TWO OTHER MAJOR PROPERTY OWNERS IN THE AREA AND ACCOMPLISH NOTHING FOR HER PROPERTY, INDEER IT WOULR MAKE IT LESS DESIRABLE. KEVEREND (RAHAM EXPRESSED THE OPINION( THAT WITH THE EVER INCREASING NUMBER OF AUTOMOBILES IN THIS LITY, THE WIDENING OF NEARLY ANY STREET WOULD BE DESIRABLE. MR. LHRISTIE STATED Hg LIYED IN THE AREA AND STATED THAT HE WOULD CONFIRM THE OBJECTIONS OF MR. IEORGE THAT THERE WAS NEVER ANY HEAVY TRAFFIC MR.GHJESS LAWHORN, SREPRESENTING SOUTHEAST MORTGAGE COMPANY APPEARED AND TATED THAT HE REPRESENTED PROPERTY OWNERS ON THE NORTH SIDE QF 14TH STREET, ALL OF WHOM WABE IN FAVOR OF THE WIDENING OF THIS STREET. HE EMPHASIZED THAT / A OF THE PROPERTY OWNERS ON THIS STREET WERE IN FAVOR OF THE WIDENING. HE SUBMITTED ARGUMENTS IN FAVOR OF THE PROJECT. IN RESPONSE TO A QUESTION BY REV REND GRAHAM, VINCE GRIMM, DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, STATED THAT THIS WIDENING WAS PROPOSED TO BE ON BOTH SIDES OF THE STREET AND THE PARKWAY WOULD BE ELIMINA ED. MRS, bORDON EXPRESSED THE OPINION THAT THE STREET SHOULD BE WIDENED. AFTER FURTHER DISCUSSION, MR. CHRISTIE MOVED THAT THE DISTRICT BE ABANDONED AND THAT THE MONEY SHOULD GO TO IMPROVE STREETS WHICH WERE MORE NEEDED THAN THE ONE UNDER CONSIDERATION. THERE WAS NO SECOND TO THE MOTION.' WHEREUPON THE FOLLOWING RESOLUTION WAS INTRODUCED BY !FIRS. UORDON, WHO MOVED ITS ADOPTION: 11 2-3-72 • • E r N nEsewTIaepRpNO. (n3gi�9gs ryg HM��p�FNi ��S�FICN��3�AT�S�E (ONRFILEE LINWTHES OI.ITYDY FCLERKSUUFFICE)MITTED HERE AND ASSEDPANDBADOPTEECBYDEHEBFOILL0 PLUMVOTE TH Y1.SSOLMESSRN SWAS iRAHAM, PLUMMER, IRS, bORDON, NOhS: MR, CHRISTIE AND MAYOR KENNEDY 7. REZONING - LOTS 6. 7, & W.10' LOT 8 BLOCK 2, KINLOCH PARK (11-35) AN ORDINANCE ��N IFS exl - 1I�� �f 5 )WAisit E hE P hum) ON ITS FIRST READING BY TITLE AT THE MEETING OF JANUARY 20, 1, WAS TAKEN UP FOR ITS S COND AND FINAL READIN BY TITL AND ADOPTION. ON MOTION OF MR. CHRISTIE, SECONDED BY REVEREND (RAHAM, THE URDINANCE WAS THEREUPON GIVEN ITS SECOND AND FINA �tADING BY ITLE AND ASSED AND ADOPTER BY HE FOLLOWINGA VOT - AYtS: N SRS HRISjIE, bRAHAM, PLUMMER, IRS CORDON AND YQR KENNEDY. NUtb: NONE AID ORDINANCE WAS DESIGNATED ORDINANCE NO. U56, PRIOR TO THE INTRODUCTION OF THE ORDINANCE, MR, RUSSELL VINING APPEARED AND STATED THE APPLICANTS WISHED TO WITHDRAW THE PORTION OF THEIR APPLCATION WHICH DEALT WITH THE GRANTING OF THE VARIANCE TO WHICH THE (-OMISSION AGREED, 8. JEFFERSON HIGHWAY IMPROVEMENT - H-4350 - DEFERRING THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, CHRISTIE, WHO MOVED ITS ADOPTION: RESOLUTION NO. 43193 INIRAPRINE'RullioNG (ONRFILEE LINWTHES Oi.ITYoo FCLERKSU�FFICE)ION, MITTED HERE AND UPON BEING SECONDED BY REVEREND GRAHAM TH�+E R SOLUTIO!� WAS PASSED AND ADOPTERBY THE FOLLOWING VOT - AYtS:AggSRSA LHRISTIE GRAHAM, I'LUMMER, MRS, bORDON AND MAYOR KENNEDY, NOLS: NONE 9, REZONING DENIAL LOTS 21-24 BLOCK 2, RMILWA1( SHOPS ADD. AMD, ATTORNEY MICHAEL ROSE, REPRESENTING M-53 COBPORAT::ON APPEARED TO APPEAL FROM AN ADVERSE RECOMMENDATION OF THE LANNINJG BOARD ON HIS CLIENTS APPLICATION FOR A CHANGE IN ZONING CLASSIFICATION 12 2-3-72 ROE LOT 1 THRU 24 , BLOCK 2, RAILWAY SHOPS, 2ND ADO, AMID. FROM R`2 L TO -OCATzED AT TH NORTHWEST CORNER OF NORTH MIAMI AVENUE AND N. . 5.1RD JTRE Ix. QNSIDERATION OF WHICH WAS DEFERRED AT THE MEETING OF JANUARY ZU, 1 /2. HE SUBMITTED ARGUMENTS IN SUPPORT OF THE AJMR. CATION USING JOSEPH LIZACHPHAPPEAREDIC ANDLIDES TO OBJECTEDETOHTHEZE HIS KS. APPLICATION STATING THAT HE REPRES NTEPj 12 PROPERTY OWNERS IN THE AREA IN ADDITION TO HIMSELF, MR, NORMAN WETMORE, APPEARED AND OBJECTED TO THE APPLICATION, A NUMBER OF OTHER UNIDENTIFIED PERSONS APPEARED AND URGED THE DENIAL OF THE APPLICATION. AFTER FURTHER DISCUSSION, THE FOLLOWING RESOLUTION WAS INTRO- DUCED BY MRS. bORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 43194 gOkiNj I yNyyU Nilf GAPPLIIDATI NNOFORFRE o IIGGNF 'VG S il H � 24 BLO K2R,AgIILww Y SHOPS N pp,,DD. D. t3-!t'T 80 - (TWp-FF ) TO 4Igii EETH- C5 3 I DR (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY MR. CHRISTIE, THERESOLUTION WAS ASSED AND ADOPTEp BY THE FOLLOWING VOTE - AYES: _muss. CHRISTIE, URAHAM, GLUMMER, MRS. I3ORDON AND MAYOR KENNEDY, NOLN: NONE 10. DUO PARK UNITS. LOTS 5, 6, 7, BLOCK 103N PROUJS SUB (B-651 THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43195 A RESOLUTION TO QQR�EFER BACK TO THE PLANNING BOARD ANAPPLICORDINANCEANO. 6d/1,CQQARTICLENAAAV,Ug AS JECTIONR1 ( ) (10 A) IO 5, 6EANDT7,,HBLOCLC U5N,NN 0FRuUTSUNZ tB-b7) LOCATED ATC-SR(LENTRAt-LOMMERCIALTDISD TRICT N. . 3RD AVENUE IN (HERE FOLLOWS BORY OF RESOLUTION, QMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY REVEREND GRAHAM HE R SOLUTI0 WAS iASSED AND ADOPTER BY THE FOLLOWING - AYhS: SRS, LHRISTIE, VOT RAHAM, �LUMMER, MRS, bORDON AND MAYOR KENNEDY. NOhS: NONE PRIOR TO THE INTRODUCTION OF THE RESOLUTION, MR. GEORGE HEIKER, REPRESENTING ERRS tLORIDA APPEARED AND URGED ITS ADOPTION STATING THAT EW PJ.ANS MAD BEEN PREPARED IN CONNECTION WITH THIS APPLICATION. rRS. WEBB JAY APPEARED IN OPPOSITION TO THE PROPOSED CHANGE ON THE GROUNDS THAT SHE OWNED TWO THIRDS OF THIS ENTIRE BLOCK AND HAD PAID TAXES AND ASSESSMENT LEINS ON THE PROPERTY FOR MANY YEARS AND THAT THE PROPOSED USE WOULD RENDER HER PROPERTY LESS VALUABLE AND ENCOURAGE A DETERIORATION OF THE ENTIRE NEIGHBORHOOD, WHICH SHE STATED WAS NOW IN THE DEVELOPMENTAL STATE. SHE STATED THAT IF THIS APPLICATION WERE GRANTED, AND THIS STRUCTURE PERMITTED TO BE BUILT ON THE PROPERTY, IT WOULD SERIOUSLY AFFECT THE TYPE OF DEVELOP- MENT WHICH SHE CONTEMPLATED FOR HER PROPERTY. 11. f = ► ► �' + 1 E1WXP ESTWAY THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVERED GRAHAM WHO MOVED ITS ADOPTION: RESOLUTION NO. 43196 13 2-3-72 irui !EPTO VFI Oa9 gEgoTui coG ic1411, BA D91 T1ir C IDIN OFAL (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY MR. CHRISTIE, TH ESOkUTION WaS ASSED AND ADOPTER BY THE FOLLOWING VOT - AYEb: SRS ILHRISTIE, URAHAM, MUMMER, IRS, CORDON AND MAYOR KENNEDY, NOLS: NONE PRIOR TO THE NTRODU TION OF THE RESOLUTION, ATTORNEY SIDNEY ARONOVITZ REPRESENTING MARVIN LOOPER APPEARED AND SUBMITTED A SUMMARY OF WHY HIS CLIENT DESIRED THIS ACTION. 12. NEWSPAPER RECYCLING PROGRAM MRS, GORDON CALLED ATTENTION TO THE NEWSPAPER RECYCLING PROGRAM WHICH WAS P(OVING SUCCESSFUL IN JT, PETERSBURG AND INQUIRED WHETHER OR NOI CITY OF MIAMI HAD ANY SUCH PROGRAM. IHE CITY MANAGER STATED THAT AT THE PRESENT TIME THE CITY WAS NOT ENGAGED WHEREUPON, ANY PRQGRAM OTYPE.F THIS MRS. UORDONREQUESTEDTHAT THE CITY MANAGER MAKE A rTUDYTO SEE IF SUCH A PROGRAM WOULD BE IN THE BEST INTERESTS OF THE ITY OF MIAMI AND TO SUBMIT HIS REPORT AND RECOMMENDATION TO THE OMMI SION . IHE CITY MANAGER REMINDED THE COMMISSION OF THE SOLID WASTE DISPOSAL STUDY WHICH HAD BEEN UNDERWAY FOR QUITE SOME TIME AND STATED THAT IT WOULD NOT BE LONG BEFORE THIS REPORT WOULD BE RELEASED. 13. OLD PORT SITE - REMOVAL OF STRUCTURES M. L. REESE, CITY MANAGER MADE THE FOLLOWING STATEMENT: I WOULD LIKE TO BRING UP SOMETHING THAT IS NOT ON THE AGENDA, IF I MAY. WO WEEKS AGO, OR IN FACT FOUR WEEKS AGO, WE ASKED YOU FOR THE AUTHORITY TO TAKE OVER WHERE THE PREVIOUS CONTRACTOR LEFT OFF. WE HAVE PROCEEDED AND WE HAVE CLEANED UP THE AREA OF DEBRIS AND AT THE PRESENT TIME WE HAD PUT OUT ON BID THE REQUEST FOR TO RECcIVE BIDS ON THE SALVAGING OF THOSE STEEL STRUCTURES. WE HAVEN T RECE- IVED A BID OTHER THAN TO DEMOLISH THE CONCRETE BLOCK BUILDING. NOW, ONE OF THE REASONS WE DON T RECEIVE A BID IS THAT OUR BID RESTRICTIONS AND OVR BONDING REQUIREMENTS ARE VERY VERY HIGH AND RESTRICTIVEA IT IS THE QPINION OF THE PEOPLE IN PUBLIC WORKS AS WELL AS THE MANAGER THAT 1 WOULD LIKE FOR YOU TO GIVE ME THE AUTHORITY TO PROCEED TO OFFER THESE FOR SALE, TO SOME OF THESE SALVAGE PEOPLE AND ENDEAVOR TO SET DOWN AND MAKE SURE THAT THEY COME IN AND DO THE JOB AND GET IT OVER WITH. NOW, WE MAY NOT RECOVER A LOT OF DOLLARS BUT IT WILL BE ONE WAY THAT WE CAN GET THE SALVAGEABLE MATERIALS MOVED OUT OF THERE, HIS WAS THE PROJECT OETH PREVIOUS CONTRACTOR WAS CARRYING OUT. THERE WAS AN OUTFIT IN T. LAUDERDALE THAT WAS ONE OF THE PURCHASERS AND SEVERAL OTHER PEOPLE THAT WERE ABLE TO USE AND SALVAGE AND RESTRUCT THESE BUILDINGS, NOW, I KNOW THIS IS SOMETHING TOT HAS NO PRECEDENT THAT KNOW OF IN THIS CITY TO HAVEIT DONE BUT 1 WOULD LIq TO GET THIS AUTHORITY TO SEE IF WE CAN PROCEED WITH IT, SO WE DON T HAVE TO SPEND ANY DOLLARS TO TEAR THESE DOWN, REVEREND GRAHAM: SO MOVED MR, PLUMMER: SECONDED. MAYOR KENNEDY: BUT, I WOULD ALSO HOPE THAT WE CAN START ON THE 14 2-3-72 DEMOLITION OF THESE BEFORE THE BOND ISSUE, MR. REESE: WE ARE GOING TO MOVE ON THE DEMOLITION OF THE CONCRETE BUILDINGS, WE ARE GOING TO HAVE TO RENT SOME TRUCKS, WE ARE GOING TO GO IN THERE WITH OUR CRANE AND SO ON AND KNOCK THOSE DOWN AND 1 AM HOPING THAT WE WILL BE IN A POSITION BEFORE WE, THE MONTH OF FEBRUARY GETS BEHIND US THAT WE WILL SELL THESE BUILDINGS AND HAVE THEM OUT OF THERE, IHATS THE PURPOSE OF TRYING TO GET IT IN THIS LIGHT NOW, MAYOR KENNEDY: I AM HOPING THOUGH4 MR, REESE, THAT WE CAN MOVE AS EXPEDITIOUSLY AS POSSIB4 BECAUSE I HAVE HEARD SOME RUMBLINGS IN THE STREET THAT WE HAVEN T DONE ANYTHING WITH THE PARK LAND THAT WE HAVE RECEIVED BACK AND ALL OF US UNDERSTAND THE PROBLEMS THAT YOU ARE FACED WITH DUE TO THE DEATH OF MR, MARKS BUT THIS AFTERNOQN WILL THIS COME UP AGAIN, OR DO YOU WANT TO TAKE THIS OUT OF ORDER. MR. REESE: I WANT TO TAKE IT AND I AM ASKING THE COMMISSION FOR YOUR APPROVAL TO GO AND SELL THIS, WHICH WAS NOT SET UP BEFORE. MAYOR KENNEDY: THIS IS ITEM 28 YOU ARE TALKING ABOUT, RIGHT? MR. REESE: THIS IS THE IDEA THAT WE WOULD RECEIVE BIDS BUT WE HAVEN T RECEIVED ANY. MAYOR KENNEDY: WE HAVEN'T RECEIVED ANY BIDS AT ALL? MR. REESE: No SIR, MAYOR KENNEDY: AND SO, IN LIEU OF RECEIVING BIDS - MR, REESE: WE HAVEN'T RECEIVED THE BIDS AND THIS IS AGAIN ASKING TO AWARD THIS BID S FOR THIS SALVAGE AND DEMOLITIONING OF THIS LOMMERCIAL ASPECT AND THE SOLID CONCRETE STUFF AND 1 WANT THE ITY FORCES TO TAKE THAT DOWN BECAUSE IF PEOPLE WANT TO COME IN AND PICK OFF CERTAIN THINGS WITHOUT LOOKING AT THE WHOLE JOB THEN WE HAD BETTER MOVE IN AND TAKE IT OVER, TO GET IT DONE. MAYOR KENNEDY: You WILL HAVE A REPORT FOR US ON THE 17TH THEN, RIGHT? MR. REESE: I WILL HAVE A REPORT TO YOU, I HOPE TO HAVE SOME OF THEM OUT OF THERE BY THEN. MAYOR KENNEDY: SO ON ITEM NUMBER 28 THERES NQ ACTION TO BE TAKEN BECAUSE WE DIDN'T RECEIVE BIDS, IS THAT RIGHT, MR, PLUMMER: HE STATED THAT ACTION TO BE TAKEN WAS TO GIVE HIM THE AUTHORITY AND THE LATITUDE TO NEGOTIATE. MAYOR KENNEDY: IS THEREA MOTION? REV. GRAHAM: YES, I MOVE IT. WE DON'T HAVE ANY CHOICE. MAYOR KENNEDY: IS THERE A SECONDED BYSMRS. 0RDON. CALL THE ROLL, 15 2/3/72 AFT R BRIEF DISCUSSION, THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. iORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 43197 A RESOLUTION GRANTING APPROVAL TO THE CITY MANAGER TO CAUSE TO BE REMOVED OLD BUILDINGS AT THE FORMER PORT OF MIAMI, AND TO ACCOMPLISH THIS OBJECTIVE OF GETTING THESE BUILDINGS REMOVED THROUGH THE USE OF CITY FORCES AND ANY OTHER LEGAL MEANS WHICH HE DEEMS NECESSARY (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE ITY CLERKS UFFICE) UPON BEING SECONDED BY REVEREND GRAHAM HE R SOLUTIOIN WAS (ASSED AND ADOPTER BY THE FOLLOWING VOTg: HMS:SRS. LHRISTIE, RAHAM, i'LUMMER, IRS. bORDON AND MAYOR KENNEDY. NOhS: NONE 14. DADE LEAGUE OF MUNICIPALITIES- MEMBER$xIP QF CITY OF MIAMI THE FOLLOWING RESOLUTION WAS INTRODUCED BY MAYOR KENNEDY WHO MOVED ITS ADOPTION: RESOLUTION NO, 43198 tIONYITATULISLPUge.OEREFINCI[ NITTV AgiA M 4Bigt14° E FIT S S (HERE FOLLOWS BOY OF RESOLUTION, QMITTED HERE AND ON FILE IN THE LITY CLERKS IiFFICE, UPON BEING SECONDED BY MRS, GORD0t4 TH RESOLUTION WAS PASSED AND ADOPTED Bx THE FOLLOWING NG VOTE ; AY:.� MESSRS . LHRISTIE, GRAHAM, LUMMER,MRS. bORDON AND MAYOR KENNEDY. NOES: NONE NOTE: PRIOR TO THE INTRODUCTION OF THE RES LUTION, THE MAYOR SURRENDERED THE CHAIR TO VICE MAYOR RAHAM AND FOLLOWING THE ADOPTION OF THE RESOLUTION, THEMAYOR RESUMED THE CHAIR. IN INTRODUCING THE RESOLUTION, THE MAYOR CALLER ATT NTION TO ANEWSPAPER IPAPIR CLIPPING WHICH INDICATED THAT TH IJADE LEAGUE OF MUNICIPALITIES WAS AT ODDS WITH THE CITY OF MIAMI IN ITS ACTIVITIES. 15. BAPTIST CHURCH - REQUEST FOR ALLEVIATION OF PARKING THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE, WHO MOVED ITS ADOPTION: OF T RESOLUTION NO. 43199 1:1Ri pRIIINg14 phfINnEWITY N A 41 1RgY SAA (HERE FOLLOWS BOY OF RESOLUTION, QMITTED HERE AND ON FILE IN THE LITY CLERKS OFFICE) 16 2-3-72 UPON BEING SECONDED BY REVEREND GRAHAMd"TUE RESOLUTION WAS (ASSED AND ADOPTS BY THE FOLLOWING VOTE; t ' SRS LHRISTIE, RAHAM, MUMMER, MRS, ORDON AND MAYOR KENNEDY. NOES: NONE PRIOR TO THE INTRODUCTION, REVEREND GRAHAM STATED THIS WAS HIS CHURCH AND THE CONGREGATION WAS HAVING CONSIDERABLE DIFFICULTY WITH PARKING DURING THIS CONSTRUCTION PERIOD. 16. OLD FIRE STATION NO. 7 — POSSIBLE USE AS A PARK SITE THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM WHO MOVES ITS ADOPTION: RESOWTION N0.43200 A E SA ENEb CSC��LED F�RFD�alO��gb�pA�DsSALEH6HPOOPERTY (ONRFILEE LINWTHES OI.ITYDY FCLERKSUUFFICE)TION, MITTED HERE AND UPON BEING SECONDED BY MR. CHRI4IIg, Tr RESOLUTION WAS ASSED f4ND ADOPT D BY THE FOLLOWING VOTE - AYLS: SSRS. LHRISTIE, �RAHAM, MUMMER, MRS. CORDON AND MAYOR KENNEDY, NO S: NONE THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS, GORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 43201 5g1kTIONCRIK s9tE 0 IN S S LE U A — (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON ND ADOPTED ED BY R. AYtS: T E SRRESOLLHRISTIE, N WAS (RAHAM, ASSED QSSRS. t'LUMMER, MRS. CORDON AND FOLLOWINGYOR KENNEDY. NO S: NONE PRIOR TO THE INTRODUCTION OF THESE TWO RESOLUTIONS, MRS. GORDON STATED THAT THE PEOPLE IN THIS AREA DESIRED THAT THIS LAND BE PRESERVED FOR A SMALL PARK. RECESS: THE MEETING WAS RECESSED AT 11:35 A.M. UNTIL 2:00 P.M. THIS DATE. THE COMMISSION RECONVENED AT 2:20 O'CLOCK P.M. THI DATE WITH THE FOLLOWING M RS RES NT: MRS. CORDON,REVEREND iRAHAM AND MR. PLUMMER. AbstNI: MR. LHRISTIE AND MAYOR KENNEDY• 17. 1 ►, ► a 1 w';IV_EMENT ASSESSMENT LIENS— SELECTIOjN THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43202 PIOISETMEENT (HERE FOLLOWS BODY OF RESOLD ION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) 17 2-3-72 ?ASSEDUPON ANDBAING OPTEECBYDED THEBY MRS. FOLLOWINGRDON, VOTE - AYLS: MESSRS. UTION bRAHAM, PLUMMER AND MRS. bORDON II�� 18, EASEMENT FOR WATERMAIN - NEAR SITE OF NEW FIRE STATION N0. 2 THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER,. WHO MOVED ITS ADOPTION: RESOLUTION NO, 43203 AN 11U N A1H R 1 N A CA G C V PTY W C TM q q Fw MA to L EA T E I 0 F STA 104° (ONRFILEE LINWTHES OI.ITYDY FCLERKSUUFFICE)MITTED HERE AND UPON BEING SECONDED GORDON, - AYLFSOL PMESSRS' RAHAM, PLUMMER AND IRS. CORDON NUtS: NONE JJ 19, giGgT RF Dap -E20 FT. STRIP OF LAND NEEDED FOR WIDENING Ui THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER, WHO MOVED ITS ADOPTION: RESOLUTION NO, 43204 U�IIIPcNRRTilalTOi �T Tp W RDG� !VEEA THEI �lC� TI RE STA7 (ONRFILEE LINWTHES O�ITYFCLERKSU�FFICE)ION, MITTED HERE AND EASSED lI�� UPON BEING tS�tECONDED BY MRS. GOR�Y�$.TH�ESSRSLUF'LUMMERS KEVEREND GRAHND AMOANDDMRS.BY TbORDON.E N01S: NONE 20, RENEWAL OF WASTE COLLECTION. LICENSE- WASTE DISPOSAL CORPORATION THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43205 MilarctiglemmllstfiTE (ONRFILEE LINWTHES O(ITYY FCLERKSUUFFICE)MITTED HERE AND l� UPON BEING SECONDED BY MRS. GORI���(�,TH�ESSRSLUt'LUMMERS EASSED KEVEREND (RAHAMOANDDMRS.BY T(ORDON.E MUM NONERR tt 18 2-3-72 IHE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43206 OAREERTNIVEPEA0018k KROIEMEIC�CAL (ONRFILEE LINWTHES O�ITYFCLERKSUUFFICE)MITTED HERE AND UPON $SING SECONDED BY MRS, GORDY(y$THLPLUMMER, KEVEREND �UIION s ND ASSED ADOPTED BY THE FOLLOWIN VOT t,MESSRS. RAHAM AND MRS. GORDON. OLS: NONE 22. MERRIE CHRISTMAS PARK - CONSTRUCTION OF NEW FENCE THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, PLUMMER, WHO MOVED ITS ADOPTION: RESOLUTION•NO. 43207 �N4GER T��ISS6E�A P PCHASER�TH��FORLIiY CONRFILEE LINWTHES OCITYOFCLERKSUUFFICE�MITTED HERE AND UPON BEING SECONDED BY MRS. GOR�Y(��'TH�ESSRSLUYLUMMERS �EVEREND bRAHND AMOANDDMRS.BY TbORDONS E NULS: NONE t 23. EXECUTION OF GRANT AGREEMENT - HOUSING AND URBAN DEVELOPMENT THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43208 R 181i4N7N Sk (HERE FOLLOWS BODY OF RESQLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY MRS. GOT 0�y THERESOLUIION WAS PASSED QND ADOPT D BY THE FALLOW NG VOTE - L : MESSRS. PLUMMER AND REVEREND bRAHAM AND MRS. CORDON. NO s: NONE 24. BID ACCEPTANCE - POLICEWOMAN'S SLACKS. FOR POLICE DEPARTMENT THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: 19 2-3-72 ill 40 RESOLUTION NO. 43209 g�F0C A�I h4H6 OFM B CFsgvimilivo: 0 I AE ° HEI � R �� FT i0I�jIC� S �(� ��S ����E OR, �U�J TTHE L (HERE FOLLOWS BODY OF RESQLUTION1, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) TION WAS UPON BEING ADOPTEDSECONDED THE FOLLOWINGOVOTE,-TAYES: MESSR. MUMMER, tRAHAM AND MRS, GORDON, NOES: NONE 25. BID ACCEPTANCE - INSURANCE_COMPANY OF NORTH AMERICA THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR, PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 43210 gRoppoy CPT�NE ��l�UA N U CEAAT CR WAIENYETSI MgAi U RY HQ ING REFOR (HERE FOLLOWS BORN, OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY MRS. GORDON, THE FSOLUTION WASk PASS D AND ADQPTED BY THEFOLLOWING VOT - AT J: MESSRS. MUMMERAND REVEREND bRAHAM AND MRS. (3ORDON. N(JES: ONE 26. ABANDONED AND DERELICT VEHICLES - COUNTY TO ASSU9l; RESPONSIBILITY THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER, WHO MOVED ITS ADOPTION: 01 OEIYJ4eN RESOLUTION NO. 43211 VTAIZINLA DiDIBcci N ACUL 91 S40N5 EIFIS CD5 "INTY II 0EA N['6DE ' SOF (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE ANU ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY MRS, GORDON, THE RESOLUTION WAS PASSED AND ADOPTgD BY THE FOLLOWjNG VOTE: : MESSRS. PLUMMER AND REVEREND RAHAM AND RS, ORDON ND S: NONE, 0 2-3T.72 0 0 RECESS: THE MEETING WA CE9SED AT 2'25 O'CLOCK P.M. AND WAS RECONVENED AT LRg:1 QCK P.m. WITH THE FOLLOWING MEMBERS PRESENT:. Mtbb J. CHRISTIE, GRAHAM, MUMMER,MRS, CORDON AND MAYOR ENNEDY 27. DINNER KEY AUDITORIUM -LEASE OPERATOR MR. REESE: MEMBERS OF TH COMM SION 1 SUPPLIED THE COMMISSION WITH A REPORT ON JANUARY 17, 19;i PERTAINING IQ THE OPERATIONS AT DINNER KEY AA WELL AS THE `IEASE ARRANGEMENT. THIS RE ORT WAS ALSO M SUPPLIED TO MR. CI A1 ADDITION TO THE REPORT, RECEIVED THE AUDITOR S REPORT AT 1'U[�3b P.M. WHICH BRINGS THE AUDIT ON THIS OPIR- ATION UP TO DATE AND I WOULD LIKE VERY MUCH TO READ THE AUDITOR S FINDINGS WHICH IS IN ADDITION TO THIS REPORT. E QQ REVIEWgAND KEYMIjNETHE AUDITORIUMECCORS OF tXHIBITIONHALL AND ,REVIEWEDRGE J. CLEAN, AND RELATED TO THE DOCUMENTS, THE AMOUNT PAYABLE TO THE CITY OF MIAMI IN ACCORDANCE WITH THE LASE AGREEMENT AS AMENDED. WE EXAMINED AVAILABLE RECORDS OF bEORGE J. MACLEAN WHICH CONSIST OF SUCH DOCUMENTS AS CONTRACTS, REGISTER TAPES, LOUNGE TAPES AND CASH REGISTER REPORTS TO ESTABLISH THE GROSS INCOME OF TOE LESSEg. WE ARE ALSO ATTACHING SEVERAL ITEMS AT THE DINNER KEY ttXHIBIT HALL TO WIT1ESESSEE S FSFFTHE OPERATION, EVALUATION OF THE RELIABILITY OF THE LOVENANT #1COFDT E LEA AGREEMENT AMENDED REQUIRES TUIE LESSEE TO PAY THE CITY OF MIAMI 1U% OF THE GROSS INCOME WITOIN / DAYS OF IHE HOLDING OF ANY ADMISSION EVENT IN DIN Q K Y tXHIBITION HALL. UUR AUDIT ESTABLISHED THE AMOUNT OF $117,9z5.1J AS THE_LESS ES IRO NCOME SUB ECT TOR TA HARG S FOR THE RIOD FROM DEC. , ii7u THROUGH NOVEMBER 3U 9 ENTAL OF 1 0 R S INCOME OF THAT AM NT AMOUNTS OF )1 , L.3 OF WHICH 1,D5i. A BEEN AID AND 94.9% IS PAST DUE AND UNPAID AS OF WHICH, , 19i2. RAID QUIRES THE LESSEE TO PAY TO THE CITY OF MIAMI THE SUM OF 3 eLD PER MONTH FOR THE REASONABLE USE OF ELECTRICAL WAT R AN UTILITY SERVICE AND TO PAY THE LITY THE ADDITIONAL SUM OF )100.UO PER MONTH FOR THE SEWAG DISp AL SYSTEM. UTILITY AND jS Q A CHARGES THROUGH NOVEMBER 5U, 1y 1 IN THE AMQQ N[�Iz OF 1,9SU.UU ARE PAST DUE AND UNPAID AS OF EBRUARY 2, 19/L, rROTHEPgRTY UINNERAKEYENANCE AUDITORIUMAINEMAYN19/1PATCADCOST OFE$LbT6b,MPS IN THE tEBRUARYESSEE A1 B INV:HEELESSEETHIS RECEIVESAMOUNT THEAND COMMISSIONUNPAID AAS OF TELEPHONE 44 - 51 LOCATED ON CITY PROPERTY OUTSIDE OF THE AUDITORIUM. THE COMMISSION ON THIS TELEPHONE RIGHTLY BELONGS TO THE LITY AND THE CITY IS NOW RECEIVING COMMON O OH THIS TELEPHONE. HOWEVER IT HAS BEEN DETERMINED THAT THE SUM OF $tSL.bO HAS BEEN O IHELITYS OF TQ 429COIMPOSESOONOPROMOTERESLOFHBOXING OR OF THESTLING AMOUN EOFNLA PAIDTAX ADMISSION CHARGE.�IHETEESSEETHE WA EVENT�I PROMOTER OF 15 SU H EMITS D RIN THE PERIOD OF IJECEMBER I, 1970, THROUGH NOVEM ? , 19/1. IH Izz ADMISSION TAX ON THESE EVENTS AMO NTE TO $LLIS.65 OF WHICH $23 .LD HA BEEN PAID fj�,�THE BALANCE QF 514.40 S PAS DUE AND UNPAID AS OF EBRUARY 2, 19/2. COVENANT #1 THE PAST AGREEMENT REQUIRES THE LESSEE TO SUBMIT A STATEMENT TO THE CITY smowlug AN ACCOUNT OF ALL INCOME UNDER THE AGREEMENT ON OR BEFORE THE 1DTH DAY OF EACH MONTH. IHER ARE NSTANCES QQF COMPLIANCES IN THE TIME LIMIT F COVENANT ?UsLOVENANT #S, THE LESSEE AGREEMENT REQUIRES S E TO CPRRY PUBLIC O LIABILITY INSURANCE IN THE AMOUNT OF $L50,U.UU AN R QV A MILLION IN PUBLIC LIABILITY AND BODILY INJURY DAMAGES AND $IOU,000.00 IN PROPFILEEINYDAMAGE THE LITYLLLERKSTX AND UFFICETRAVEL EXPIREDNAURANCE NOVEMBERCL5) h/U. tVIDENCE OF THE CURRENT PUBLIC LIABILITY 1NSU ANCE REQUIRED IVTHE AGREEMENT S NOT ON FILE IN THE OFFICE OF THE LITY CLERK AS OF THIS DATE. UUR OBSERVATION OF THE OPERATION OF THE FOOD CONCESSION STAND DISCLPRIOROTOSTHEATE MONTHLES TAX IS OF AUGUST 1y1., THE AMOUNT OFECTED ON ALL XTAXEWASEMSNOTSOLD RUNG ON THE CASH REGISTER ETHER SEPARATELY OR INCLUDED IN THE TOTAL AMOUNT RECEIVED. IHE LESSEE HOWEVER, DEDUCTS SALES TAX FROM THE REGISTER TAPE OF THE TOTAL OF THE MERCHANDISE SALE. WHEREBY HE IN EFFECT TAKES A DOUBLE SALES TAX REDUCTION. WE HAVE MADE AUDIT ADJUSTMENTS WHICH REFLECTS THE LESSEES GROSS INCOME FROM CONCESSION SALES Al THE ACTUAL AMOUNT OF SALES AS SHOWN BY THE CASH REGISTER TAPE. ASH REGISTER TAPES FOR THE CONCESSION SALES FOR THE STANFIELD CIRCUS HELD Nov. 26 THRU 30, 1971, -3-72 • WERE NOT AVAILABLE AND SALES COULD NOT BE VERIFIED. WE WERE INFORMED THAT THE TAPES HAD BEEN SURRENDERED TO THE FLORIDA REVENUE OMMISSION , THE CONCESSIONAIRES REPORT OF THE CONCESSION SALES WAS ACCFORETHEDBY VS TO PAN AMERIDE TERMINEOSS NCOME 3OF THRUIb,P19/1I1 WE WERE UNABLE TO EXAMINE THE RENTAL RATES AND WE WERE INFORMED THE CONTRACT WAS I, THE POSSESSION OF AN ATTORNEY FOR THE LESSEE, IHESE ARE E CERPTS FROM THE RI PORT OF MEYER TOLLER, INTERNAL AUDITOR FOR THE LITY OF MIAMI AND HAVEN'T REPORTED THAT THERE IS TILL AN AMOUNT OF MONEY DUE ON THE AUDITORIUM EVEN THOUGI I THINK CHECKS WERE PAID THIS PAST WEEK. IN ADDITION TO THAT, WOULD LIKE TO POINT OUT TO THE CITY LOMMISSIO FOR THE BENEFIT OF SOME OF THE COMMISSIONERS THAT WERE NOT ON THE OMMISSION AT THE TIME, THIS CQCON RACT WAS ENTERED INTQ IEBR ARY 1, 1 6L, TWO BIDS WER DECEIVED, MACLEAN ENTERPRISES AT l a ON MOD D IzI QQR SALES ND IO7o ON OTHER INCOME, ANNUAL GUARAN E OF $�U,O U.UU, MUSE QR H BID ON REFRESHMENT STAND QNLY T 155I OF GROSS SALES AT $5,6 U,UU ANNUAL GUARANTEE. JUN 20, 19b2, THE BIDS WERE ALL REJECTED AND WE R DVERTISED. UNE BID REC V AND THAT WAS MACLEAN EN ERPRISES INC., 1 OF THE GROSS SALES OR $5,UUO.OQ ANNUALGUARANTEE, CTOBEI 17A 2 THE COMMISSION ACCEPTED THE I3EORGE MACLEAN BID. .ARCH 4, 1 , BYTHMR. MACLEAINN,PEIIQQVEMBERRMITTED A15, 1951, THE COMMISSIONIN IgIEU OF EAUTHORIZED CANDE BOND I ECTED THE LITY MANA ER TO EXECUTE A LEASE COMMENCING DECEMBER 1, 9b OR A ERIOD OF 5 YEARSA AGREEMENT NEVER WAS EXECUTED. UNE 11, 1969 MINUjES OF THE COMMISSION MEETING WHEREBY MR. MACLEAN IS REQUESTING THE LITY TO FINANCIALLY ARTICIP TE IN UPGRADING THE DINNERKEY AUDITORIUM TO ATTRACT THE fLORIDA BASKETBALL TEAM. WHEREUPON THE LITY MANAGER READ EXCERPTS FROM SEVERAL MINUTES OF SHOWIN UTHE RCONDITIONS NATNDINNER D IKEY DAUDITORIUM ITOO 0F H THE LITY SHOWINQ IN ADDITIQQN COPIES OF THESE MINUTES WERE REPRODUCED AND PRESENTED.. TQ EACH .LOMMI SS LONER. AT THIS TIME, THIS MATTER WAS DEFERRED AT U TI R T U THE MAYOR IN ORDER TO ACCOMODATE THE PRESENTATION OF 0A vtNETFIA' !HE CONTINUATION OF THIS MATTER IS ON ITEM it 1 OF THESE MINUTES, 22 2-3 -72 • • 28. IS{iRQAST PROPERTIES - PRESENTATION OF PLANS FOR MR. TIBOR HOLLO TOGETHER WITH ATTORNEY JOHN W. WATSON AND SEVERAL MEMBERS OF THEIR STAFFS APPEARED BEFORE THE IOMMISSION TQQ MAKE THE INATIAL PRESENTATION OF THEIR PLANS TO DEVELOP PLAZ VENET I A . MR. WATSON EXPLAINED THE VASTNESS OF THIS PROJECT AND STATED THAT THE PROJECT WOULD EMPLOY SEVERAL HUNDRED PERSONS DURING ITS ONSTRUCTION STAGE AND GENERATE HUNDREDS OF JOBS UPON COMPLETION. ME ALSO STATED THAT VERY EFFORT SHOULD BE MADE TO ASSURE THAT IT WILL BE A REALITY. ME SAID SEVERAL ZONING CHANGES WILL BE REQUIRED IF THIS IS TO BE CONSTRUCTED A PLANNED. MR. HOLLO ADDRESSED THE OMMISSION AND XPLAINED IN FURTHER DETAIL THE PROJECT HE PLANS, E STATED THAT MIAMI HAS AN ILl/- DEFINED DOWNTOWN AND THAT THE CONSTRUCTION OF t'LA A VENETIA WILL CAUSE A SHIFT OF THE CENTRAL CORE AND BECOME`MIAMI S NEW DOWNTOWN AREA. ME POINTED OUT SEVERAL NEW BUILDINGS IN TUE AREA RICH H SAID WERE A CREDIT TO THE CITY,SINGLING OUT TiE MIAMI HERALD /UILDING AS BEING AN OUTSTANRING CONTRIBUTION T3 THE CITY AT WHICH TIME HE SAID THE CITY AND PLANNERS WERE ASLEEP BY NOT TAKING THE CUE FOR FURTHER DEVELOPMENT IN THAT AREA. iE SAID THAT THE COMPLEX WOULD HELP ST P THE EXIT TO SUBURBIA 3Y REVITAL- IZING THE HEART OF THE CITY. ME SAID THIS TYPE OF DEVELOPMENT WOULD PROBABLY FOSTERTHE EXPANSION OF DOWNTOWN FROM T�1IS DEVELQPEMENT TO THE ICKENBACKER CAUSEWAY, CHARTS, GRAPHS AND SLIDES WERE SHOWN TO THE COMMISSION WHICH SHOWER THE PROPOSED DEVELOPMENT IN ETAIL. UEORGE ACTON, DIRECTOR OF T1E RETAIL, G DEPARTMENT STATED THAT THE BASE WORK HAD BEGUN FOR THE DOWNTOWN LONING STUDY. HE STATED THAT THE STUDY WOULD ENCOMPASS THIS AREA, ME STATED THAT HE COULD NOT MAKE ANY RECOMMENDATIONS CONCERNING THIS PROPOSED DEVELOPMENT UNTIL THE ZONING STUDY WAS COMPLETED. MR, WATSON TAT�cD THAT SINCE THE GROUP HAD BEEN HERE BEFORE THE COMMISSION, MR, SIMPSON HAD INFORMED HIM THAT OUR PRESENT ORDINANCE§ WOULD PRECLUDE HIM FROM ACCEPTING THE APPLICATION AMR. IMPSON STATED THAT THIS WOULD BE A REQUEST TO THE L-3 DISTRICT, AND THAT PRESENT DENSITY REGULATIONS WOULD APPLY AND THAT AFTER VIEWING THE PROPOSED PLANS, HE FELT THAT THE MAXIMUN DENSITY LIMITS WOULD BE EXCEEDED BY THE DEVELOPERS PLANS. MRS, CORDON STATED THAT A NEW ZONING CLASSIFICATION WOULD HAVE TO B DEVELOPED QUICKLY TO ACCOMODATE THIS PROJEC". MR. ACTON STATED THAT THIS WOULD REQUIRE A VERY SOPHISTICATED TYPE OF ZONING STUDY AND THAT THEY WOULD NOT BE ABLE TO COME BACK WITHIN A SHORT TIME WITH THE RESULTS. MR. HOLLO IN EXPLAINING HIS TIMETABLE PLANS REMINDED THE COMMISSION THAT SUCH A MASSIVE DEVELOPMENT REQUIRED PRECISE TIMING AND SAID THAT UNDUE DELAYS RESULTED IN LOSS OF ENTHUSIASM OF THE DEVELOPERS, FINANCIAL BACKERS AND IN THE PAST HAVE RESULTED IN THE ENTIRE LOSS OF SOME PROPOSED DEVELOPMENTS. HE STATED IHAT IF APPROVAL WAS FORTHCOMING, CONSTRUCTION WOULD BEGIN IN UCTOBER OF THIS YEAR. MAYOR KENNEDY STATED THAT ALL HASTE SHOULD BE TAKEN TO INSURE THAT NECESSARY ZONING STUDIES ARE COMPLETED IN THE SHOF;TEST POSSIBLE TIME. AFTER CONSIDERABLE FURTHER DISCUSSION §Y AIL PARTIES CONCERNED, THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE:, WHO MOVED ITS ADOPTION: RESOLUTION NO, 43212 A RESOLUTION DIRECTING THE CITY ATTORNEY TO CONDUCT A STUDY OF THE CITY CODE AND ZONING CODE TO DETERMINE OFIF AIYF�j�jLALAAVI.NtJ1CeAACTOIDETERMINE ON CAN BE MIAFDANE BAMENDMENTY THE ETOPER THE PRESENT ZONING ORDINANCES CAN BE MADE TO PERMIT APPLICATIONS TO BE PROCESSED THROUGH HEARINGS AT THE SAME TIME THE PLANNING DEPARTMENT IS STUDYING AND REVIEWING THE PROJECT FOR THEIR RECOMMENDATIONS TO THE CITY DEPARTMENT 23 2-3-72 E S (ONRFILELtNWTHEOI.ITYPCLRRKOST�FFICE)RUTTED HERE AND UPON BEING SECONDED BY REVEREND GRAHAM, TH SOL TION AS PASSED AND ADO TED BY THE FOLLOWING VOTE- AY s: MESSRS. STI , GRAHAM, I'LUMMER, MRS. iORDON AND AYOR ENNEDY. �L.S: NONE 24 2-3--72 29, HOUSING FOR 10.000 YOUTHS DURING THE jlEI1QCRATJ CONVENTION ATTORNEY HAL SPAET, CHAIRMAN OF THg MET O-DA E COUNTY YOUTH RELATIONS BOARD APPEARED TOGETHER WITH MRS. LYNN V AND STATED THAT IT WAS AN ICIPATED THAT APPROXIMAT LY 1U,O U YOUNG PEOPLE WOULD CQME TO MIAMI FOR THE DEMOCRATIC PRIMARY ONVENTION TO BE HELD IN JULY OF THIS YEAR, THEY EXPRESSED THE OPINION THAT THIS WAS SOMEWHAT OF AN EMERGENCY SITUATION AND THAT THESE YOUNGSTERS HAD NOT TEEN INVITED HERE BUT WERE COMING NEVERTHELESS AND REQUESTED THE 1L TY S COOPERATION IN PROVIDING ADEQUATE HQUSING FOR THEM. THE MAYOR EXPRESSED THE OPINION THAT THE CITY WOULD DO ALL IT COULD IO THE CITYEHSITUATION.IS MANAGEREXPRESSEDTHE OPINION THAT THE CHIEF OF POLICE SHOULD BE THE COORDINATOR FOR THIS WHICH WAS AGREED TO BY THE OMMISSION. 30. TOERWIRE 9IsPNBILEIN Oak altbSOPTER 30 MR. EDWARD MAGEDSO , PRESIDENT OF THE FLOWER CHILDREN, APPEARED ANI� ASKED THE QMMI SION TO ONSIDER AN AMENDMENT TO SECTION 30-L8, ARTICLE 1I, CHAPTER 3U TO SCHEDULE A CATEGORY FOR THE SALE OF FRESH CUT FLOWERS. HE IN BECCAUSEJTHEED TO LICENSEEFEETFORRY IN WHICH SUCH A PEDDLERS LICENSE IS 184,5IS 0, HE SUBMITTED ARGUMENTS THAT THIS FEE WAS EXCESSIVE AND THAT HIS PEOPLE WOULD BE ENGAGED IN OPEN AIR SALES OF FLOWERS FROM BUC:<ETS AND THAT THEY OULD NOT AFFORD THIS LICENSE. ALAN ROTHSTEIN CAUTIONED THAT IF AN EXCEPTION WERE MADE FOR THIS GROUP, IT MIGHT RESULT IN A COMPLETE UPSET OF THE ENTIRE TAX AND LICENSE STRUCTURE AND WOULD BE DISCRIMINATORY. AFTER CONSIDERABLE FURTHER DISCUSSION QF THIS MATTER, THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. CHRISTIE♦ WHO MOVED ITS ADOPTION: RESOLUTION NO, 42313 T� EC�gTA�H OT 9GL�H��S EW � OF� N�RH g S�j E T I�j A E LOS �C ��AN� WI E0 T OF 'THEF ow ��r�� L ER HILDREN (HERE FOLLOWS BOY OF RESOLD ION, OMITTED HERE AND ON FILE IN THE LITY CLERKS OFFICE) UPON BEING SECONDED BY REVEREND GRAHAM THE R SOLUTION WAS ASSED AND ADOPTED BY THE F LLOW NG VOTE - YES: MESSRS. �STI�j, GRAHAM, PLUMMER, MRS. CORDON AND MAYOR KENNEDY. t : NONE 25 2-3-72 IIP 31.1TNi0 VFY AI1nTTnRt1IM • • CONTINUED FROM ITEM 27 THE CQMMISSION AT THIS TIME AGAIN TOOK UP EOR CONSIDERATION ACTION ON ITEM 27 CONCERNING THE LESSEE OF THE UINNER KEY AUDITORIUM. HOBERTNG POSITION AS LESSEE OF UINNER KEY AUDITORIUM. HE STATED THAT HE HAD A COPY OF ACH ND EVERY MONTHLY STATEMENT WHICH HAD BEEN SUBMITTED TO THE LITY OMM SS ON AS REQUIRED UNDER THE TERMS OF THE LASE. HE STATED THAT R. MACLEAN HAS ALWAYS PAID THE CITY ITS DUE. IAYMENTS SUBMITTED LATE WERE EXPLAINED TO BE CAUSED BY THE RENTO S AND TENANTS OF THE AUDITORIUM BEING LATE IN PAYIN i�I k SSEE. IHE REFURBISIj NG OF THEI, 15 AUDITORIUM IN THE AMOUNT OF $,UUU.UU TO ACCOMODATE THE lLORIDIANS WAS DISCUSSED AND IT WAS BROUGHT OUT THAT MR. MACLEAN HAP PAID THE ENTIRE AMO T E ND HAD SOUGHT REIMBURSEMENT F OM THE CITY IN THE 'AMOUNT OF z,3$u.OS, HE HAD RECEIVE NO P x. E INDICATED THAT THE CITY HAD MAIS'E.A PARTIAL PAYMENT QF UU.UU E EXPLAINED THAT THE FIGURE ALLEGEDDUE THE CITY OF $L,4 U.6U FOR UTILITIES WAS EASILY XPLAINED SINCE THAT FIGUR MATCHED THE AMOUNT THAT THE LITY OWES HIM. ME REFUTED CHARGES BY THE LITY THAT THE AUDITORIUM WAS 021 PROP RLY MAINTAINED. HE STATED THAT THE AUDITORIUM WAS NOT THE IAJ MAHAL BUT WAS IN FACT, AN OLD AIRPLANE HANGAR AND NO AMOUNT QF MAINTENANCE WAS GOIN z0 CHANGE THAT FACT, S MMARYO EVENT FROM LITY OP RATIONS IN 1965 PRODUCED R �l N 0 $)2{000.UO'TO 1371 WHERE MR MACLE N HAD AVENTS TOTALLING $11S,UUQQ Q. IT WAS POINTED OUT THAT DINNER KEY UDITORIUM WAS BUILT IN 1� U AND BY TODAYS STANDARDS OF NEWER AND AIR CONDITIONED STRUCTUR S WAS UNDESIRABLE TO PROSPECTIVE TENANTS. IT WAS POINTED OUT THAT MR. MACLEAN HAS ROUBLED T1I Kura IN THIS AUDITORIUM AND PRODUCED REVENUE FOR THELITY OF UL,UUU.UU. REFERENCES WERE MADE FROM AS FAR BACK AS 1954 TO CORRESPONDENCE TO THE PROPERTY MANAGER REQUESTING REPAIRS AND REPLACEMENT OF MATERIALS DAMAGED BY HURRICANES, WHICH IN TOTAL CONSISTED OF THREE HURRICANESj MDTHREE REQUEgTS EADVISEDTHELFOR REPAIRS RAND OMMISIONOFTHEPROJECTEDNACTIVITIES FORSTANCES OF NO R1WL AND STATER THAT WHEN THE LITY OPERATED THIS AUDITORIUM, IT LOST MONEY. MR. KEESE ADDRESSED THE LOMMISSION AND STATED THE QUESTICN HERE IS SIMPLY, IS THERE A CONTRACT TO BE LIVED UP TO OR NOT. MR. PAUL ANDREWS, ASSISTANT CITY MANAGER EXPLAINED DIFFICULTY IHE CITY HA HAD IN GETTING MR. MACLEAN TO PAY AMOUNTS DUE TO t'OLICE AND !IREMEN ASSIGN D TO DINNER KEY AUDITORIUM FOR SPECIAL EVENTS,.SPECIFICALLY THE STANFIELD CIRCUS. • 26 2-3-72 MR. GEORGE J. MACLEAN APPEARED IN HIS OWN BEHALF. HE STATED THE AMOUNT REFERRED TO THE AMOUNT OF MONEY OWED THESE POLICEMEN WAS NOT HIS REAL RESPONSIBILITY BUT THAT HE HAD ASSUMED IT AS A MORAL RESPOSIBILITY AND SAW TO IT THAT THESE P OPI4 WERE PAID. IN RESPONSE TO A QUESTION ABOUT THE LITY S POSITION IN EVENT F R.AN MACLEANENT STATEDHOUT THATTHE THELOLITYEHADVING NEVERHE BEENHOUTQWITED NSURANCE, INSURANCE. .7STAID THE CURRENT POLICY WAS PRESENTED TO THE LITY ON NOVEMBER , 19/1 AND THAT THE COVERAGE WAS IN EXCESS OF A MILLION DOLLARS. E REMINDED THE I.OMMISSION THAT AT THE TIME OF THE AWARD OF THE BID HE WAS IN FACT, THE ONLY BIDDER. HE CONCLUDED HIS APPAL BY GIVING A HISTORY OF HIS SUCCESSFUL OPERATIONS OF IINNER KEY AUDITORIUM AND REQUESTED THAT HE BE ALLOWED TQ .INCLUDE HIS PRESENT LEASE�TO ITS EXPIRATION DATE OF NOVEM ER 19/5. AFTER CONSID RABLE FURTHER DISCUSSION WHICH INCLUDED THE DISCUSSION, TESTIMONY OF THE INTERNAL AUDITOR FOR TUECITY OF MIAMI, THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. LHRISTIE, WHO MOVED ITS ADOPTION: RESOLUTION NO. 43214 A RESOLUTION OF REPRIMAND TO AMR, GEORGE MACLEAN LEASE OPERATOR OF DINNER KEY AUDITORIUM AND DIRECTING HIM TO COMPLY WITH REGULATIONS OF THE CITY OF MIAMI FOR FIRE SAFETY REQUIREMENTS, THE SUBMISSION OF REPORTS TO THE CITY AS SPECIFIED IN HIS LEASE, PAYMENT OF MONIES DUE TO THE CITY AND COOPERATION WITH THE LITY MANAGER AS A CONDITION FOR BEING ALLOWED TO COMPLETE HIS PRESENT LEASE TERM (HERE FOLLOWS BOY OF RESOLUTION, QMITTED HERE AND ON FILE IN THE LITY CLERKS UFFICE) DPW BEING SECONDED BY REVEREND GRAHAM HE RESOLUTION WAS IASSED AN ADOPTED BY HE FOLLOWING VOT - AYLS: SRS. HRISTIE, LUMMER, URAHAM, MRS. UORDON AND MAYOR KENNEDY, NOLS: NONE 27 2-3-72 32, PENSION BENEFITS - FIRE AND POLICE �R. DONALD PRINTZ" MAYOR AND COMMISSIONERS, MY NAME IS DONALD RINTZ„ RESIDENT OF THE OCE BENEVOLENT ASSOCIATION, AND AM HERE TO SPEAK IN BEHALF OF THE POLICE AN FIRE DEPARTMENT REQUEST OF A PENSION INCREASE IN LIEU OF A 4% SALARY INCREASE THAT WAS GIVEN TO ALL OTH5 R CITY EMPLOYEES ABOUT A MONTH AGO WHICH WAS RETROACTIVE TO NOVEMBER 14TH. WE HAVE REQUESTED THAT IN LIEU EMPLOYEES, THATTHE SWEARY, HAV WAI1I2AINCREASEAVAILABLE PENSION WHICH THE NOW CURRENT Y R CCEIVE 1 PER YEAR, WE WOULD LIKE NOW TO HAVE L AND 1/2A. TN 19bV THE POLICE & bIRE ORGANIZATIONS BY THE USE OF THE ACTUARY THAT THE CITY USES HAD A SURVEY MADg MD ATT I TIME, THE COST OF THIS PROGRAM WOULD HAVE BEEN 4.11. N 1W 1, WE HAD FIRM AN MEANSETHATEINCJUST12LYEARS THE COST HAS GONE UP 1. SOMETHING PERCENT FOR THE SAME BENEFIT. WEjj,,ASK QUNOW AS THE BODY EMPOWERED TO DO SO TODAY TO GRANT US bS,U6 ,OzzUNOFEWHICHASE ATHEREMHLOYTHE ES SBALARREFERENDUM VOTE HOFE TTHE UNE OF IRE & EOLICE VIRE EPARTMENT WENT ON RECQQR WITH 8SDEPARTMENT, IH% IN FAVOR OF AND THE IOLICE EPARTMENT EMPLOYEES AJ1 AB 4A ANDO5 1�a, ITCEASSED)BYOPICK UP THE THOSE MAJORITIESFTHATCE WEBWOULD"BE WILLING TO DO SO. WE FEEL ALSO, THAT THRQ H HE ACTUARIES l REPORT WHICH INDICATED THAT TH COST IS $1610,OUO,OO, THAT RATHER IT BE AMORTIZED OVER A 6 Y AR PERIOD AS IT GENERALLY IS THAREDT IFITCQERE T OEO BE DONE OVER APPROXIMATELYA$ LO,UUU,UU ORgAR D, IT DOWN TO THE TUNE OF $b14,0 O.UU, 1 AM NOT KNOWLEDQABLE COMPLETELY OF THE PENSION SYSTEM, DON T PROFESS TO BE. I AM A LAY PERSON . 1 AM TRYING TO GAIN AS MUCH KNOWLEDGE ABOUT THIS PENSION SYSTEM AS I POSSIBLY CAN. IHE PERS N Tj�AT WE WOULD HAVE RATHER HAD HERE SPEAKING TO YOU TODAY WAS BOB rAul.4 AND BECAUSE HE IS ILL HE COULD NOT MAKE AN APPEARANCE TODAY. 1 WILL TRY IN MY HUMBLE WAY TO PRESENT TO YOU AND TO ANSWER ANY QUESTIONS YOU MIGHT HAVE WITH REGARD TO THIS. ALL 1 CAN ADD IS THAT THE ACTUARY HAS INDICATED THAI IT CAN BE NONE AND THROUGH THE VARIOUS INQUIRIES MADE RY MR. PARKS BY MR. KEESE AND BY VARIOUS OTHER INDIVIDUALS, MR. BAILEY, NO ONE OF WHICH INDICATES IN ANY REPORT THAT WE HAVE SEEN THAT HAVE BEEN PRESENTED, THAT IT CANNOT BE DONE, MANY QUESTIONS HAVE BEEN ASKED AND I AM SURE MANY COULD BE ASKED AFTER THIS HAS BEEN PUT INTO EFFECT AS MANY QUESTIONS COULD BE ASKED OF THE PENSION SYSTEM AS IT HAS BEEN CURRENTLY EXPRESSED TODAY. J0 ALL WE'R ASKING IS THAT YOU TONITE, INTRODUCE A RESOLUTION DIRECTING THE CITY ATTORNEY TO FORTHWITH COME BACK AS EXPPIENTLY AS PASSIBLE WITH THE MECHANICS AND THE VEHICLE TO DO WHAT WE RE ASKING. 1 HOPE THAT IT CAN BE DONE TODAY SO WE CAN GO BACK AND TELL OUR PEOPLE WHO HAVE PATIENTLY WAITED FOR THESE MONTHS NOW THAT IT CAN BE DONE AND THAT THESE PEOPLE WHO ARE READY FOR RETIREMENT CAN LOOK FORWARD TO LEAVING OR AT LEAST SETTING A DATE IN THE FUTURE THAT THEY CAN LEAVE AND THOSE UNDER EXISTING PROMOTIONAL REGISTERS COULD FILL THESE VACANCIS WE HAVE ALREADYES SEENIOR TO PASSEDTHE IN THEIFIREO��IIOF THESE DEPARTMENT,VTHENIES FIRE LIEUTENANTS rOLICEIDEPARTMENTREGISTER FORHAS SERGEANTEXPIRED I AND NEARTHE EXPIRATION ONGTER THE MARCH 1OTH. F THERE ARE ANY QUESTIONS THAT 1 OR THE OTHER REPRESENTATIVES MAY ANSWER, I WOULD APPRECIATE THEM NOW. MR. PLUMMER: DON, LET ME TRY TO UNDERSTAND IT. WHAT YOU ARE ASKING IN SO MANY WORDS IS THAT RAPER THAN A RAISE, IN MONIES AND PAYCHECK RE GIVEN TO THE POLICE AND hFIRE, THAT YOU WANT % TO BE GIVEN BY THE ITY TO YOUR PENSION FUND, IS THAT IT IN SIMPLE TEXT. MR. PRINTZ: THATS IT. MR. PLUMMER: MR, REESE; WOULD YOU LIKE TO ADDRESS YOURSELF THAT THE CITY CAN DO IT OR CAN'T DO IT, YOU RECOMMEND IT OR YOU ON'T RECOMMEND IT? BECAUSE IF IT CAN BE RECOMMENDED BY YOU, LETS GO AHEAD. 28 2-3-72 • MR. REESE: THIS HAS BEEN DISCUSSED IN COMMITTEE MEETINQS UNTIL - I AM ABLE TO UNDERSTAND WHAT THEY ARE ASKING ABOUT BUT ALSO RECOGNIZE THAT WHILE YOU ARE DOING IT IN THIS MANNER, YOU ARE BUILDING IN AN OBLIGATION FOR THE CITY TO MAKE A CONTRIBUTION AGAIN T THEIR PART, THE LITY PART, WHEN THE ACTUARY STUDIES OME IN, THIS IS GOING TO UNDOUBTEDLY BRING ABOUT AN INCREASE. I CAN GET ALL KINDS OF FIGURES, PROJECT WHAT ITS GOING TO BE BUT WE DON T HAVE THE FACTS ON IT UNTIL THE ACTUARY PERIOD IS UP WHICH IS SOMETIME LATER ON IN TOE YEAR WHEN THEY EVALUATE THE EARNINGS ETC. I KNOW THAT THE IOLICE AND TIRE ARE ASKING FOR THIS BUT RATHER THAN FOR ME TO MAKE ANY OBSERVATIONS, 1 WOULD SUGGEST THAT YOU LISTEN TO THE GENERAL EMPLOYEES AND THEN DECIDE WHAT YOU WANT TO DO AS FAR AS ANY PROPOSALS THAT MIGHT COME FORTH. MR. PLUMMER: IS THERE A REPRESENTATIVE OF THE GENERAL EMPLOYEES? LETS HEAR FROM THEM, MR. RALPH PARKS: MR. MAYQR AND MEMBERS OF THE CO MISSIQN. I WOULD LIKE TO SAY BEFORE 1 START THAT Mx NAME IS KALPH rARKS AND AM THE ELECTED REP TO THE TENSION BOARD FROM THE ENERAL EMPLOYEES. I AM NOT HERE TO DEBATE THIS I ANYWAY, I AM HERE TO STATE THE FACTS AND TRY TO EXPLAIN TO THE LOMMISSION HOW THE GENERAL EMPLOYEES FEEL REGARDING THIS, WE FEEL TO PUT IT VERY BLUNTLY THAT ANY BENEFITS OF THIS TYPE SHOULD BE GIVEN TO ALL EMPLOYEES. IF NOT, THEN YOU ARE DIFFERENTIATING AND REALLY ANNIHALATING THE WORD EMPLOYEES. 1 WOULDN'T E EN REMARK ABOUT WHAT YOU ARE DOING TO EMPLOYEES LOYALTY, IHE UENERAL tMPLOYEES OMPRISE TW THIRDS OF THE MEMBERS OF THE KETIREMENT SYSTEM. OLICE AND IRE COMPRISE ONE THIRD. AT THE PRESPITYMQMENI THE OLICE AND IRE OR THE ONE THIRD IS COSTIN5 THHE g U ARE COSTINGPER YEAR RTHEMIR 8.17L IHIStt N1119MAIIN.ITSELF HASRAL BUILTPUPYEES BECAUSE OF THE VERY BENEFITS INCLUDING THE ACCRUED LIABILITY WHICH TAKES CARE OF ACCIDENTS AND THE RESERVE FOR ACCIDENTS, BY THE HERY ND TIRE,FACT SUCHOF ASTHE THEBMARTIIS THAT DILL, ANDAVE THEB ON EARIREMEN RDED FOR RETNNOLICE T. IHE GENERAL EMPLOYEES DO NOT HAVE THIS. S I SAID BEFORE, WE ARE NOT LBUT WE WOULDTHE IALKING ABOUTST THEH04U OR WHATEVER THEEFIGURETOVE IS, THEAAMOUNT EOFT. MONEY THAT WAS DESIGNATED AND TH ORETICALLY PUT IN ESCROW, FOR RAISES, IF THIS WAS PAID TO THE tOLI E AND FIRE AND THE N F T Q I PUT THROUGH, T WOULD ONLY COST THE CITY APPRMATELY $iU,UOU.00 THAT S ALL. THAT WOULD BE APPROXIMATELY I.9U . IF IT IS PUT INTO IHE I N ION FUN AS A LUMP SUM, THE LITY HAS LOST IT FOREVER. IHE $/O,Ouu.U0 THAT SPEAK ABOUT CAN EASILY BE TAKEN RACK THROUGH THE WORKING 8 DGET OF THE CITY BY VERY MANY METHODS. UNE OF THEM WOULD BE ANY / JOBS THAT B QM YACANT DURING THE YEAR, WOULD BE VELD OPEN A MONTH AND THE /U,uOU.OQ WOUIrD GO BACKWIDE OPEN. AM BRINGING THIS FACT UP BECAUSE 1 DQN T WANT ANYONE TO GET CONFUSED TO THE FACT THAT BECAUSE THE rOLICE AND TIRE DID NOT TAKE THEIR RASE, THAT IT SHOULD BEAR ANYTHING TOWARD THIS ADDED ENEFIT. IN MR. REESE'S MEMORANDUM DATED DECEMBER 9, TO THE OMMISSION, SUBJECT OF STATUS RF COLLECTIVE BARGAINING, ON PAGE 4TH PARAGRAPH HE SAID SOME ITY OF IAMI EMPLOYEE GROUPS CHOOSE TO CONTINUE NEGOTIATIONS SO AS TO EXPLORE OTHER MEANS BY WHICH THE RESERVE FOR SALARY ADJUSTMENTS MAy BE APPLIED.; SUCH AS THE CITY CONTRIBUTING MORE TO THE EMPLOYEE S PENSIONS. AT THE PRESENT TIME, PRWHICHSALS RUCH THE LITY I'ENSION ISS THIS EAcTjTT Rj1RYxKABLNCTIONING.UE TO THTHISMANNER HAS NOT CHANGED AaY. I AM PUTTING 4bU,UUU.UU IN IS NOT GOING TO CHANGE IT ANY. 1 WOULD BE PER ECTLY WILLING TO TRY TO ANSWER ANY QUESTIONS PERTAINING TO THIS BUT I CANNOT SEE HOW YOU CAN PICK ANY, WHAT YOU ARE DOING, IF THIS IS PASSED, IS PICKING A SINGLE GROUP AND YOU CANNOT CAALL IT A SYSTEM BY ANY MANNR OF MEANS TTHE P EAMBLE ON THIS IN0.t94U WHICHORIGINAL INCLUDTY OF D ALLMEMPIOYEESRPERITQD, INM19 D,WAS THEPUT IN IN WENT UNDER SOCIAL SECURITY, VOLICE AND FIRE STAYED AS A SYSTEM AND ALL THOSE GENERAL EMPLOYEES WHO DID NOT WANT TO PAY SOCIAL SECURITY, 29 2-3-72 WHAT YOU ARE DOING IS THAT YOU ARE PICKING OUT TWO GROUPS AND SAYING YOU CAN HAVE THIS BENEFIT AND THIS ONE OVER HERE CAN'T. Now WE ARE ALL EMPLOYEES AND ALL WE ARE ASKING FOR IS EQUAL RIGHTS AND NO DISCRIMINATION. OLICE& GORDQN: POINT FbORECALL. WAIVED ANINCREASEAND ENERALtMPLOYEESDIDNOT IS THAT RIGHT? MR. PRINTZ: THEY ACCEPTED THE 4% INCREASE IN SALARY RETROACTIVE BACK TO NOVEMBER 14, AND WE DID NOT AND WE HAVE NOT RECEIVED ANY SALARY INCREASE AND IN LIgU OF THE SALARY INCREASE, WE'RE ASKING THAT THIS BE APPLIED AND MR. rARKS IS WELL VERSED $ECAUSE HE WORKS N THE PLACE WHERE THIS TAKES PLACE, IN PENSION. !I AM NOT. I CAN ONLY GO BY WHAT WE HAVE BEEN TOLD AND WHAT THE ACTUARIES REPORT REFLECTS, THE FACT THAT HE INDICATED THAT ALL EMPLOES ESHOULD HAVE A BENEFIT, 1 AGREE. BUT THEY ELECTED NOT TO. WE LECTED TO PERSUE THIS AVENUE OF GAINING THESE BENEFITS THAT WOULD BE ABIGGER BENEFIT TO ALL OF OUR PEOPLE AS OPPOSED TO WHAT THE THOUGHTS MIGHT HAVE BEEN WITH REGARD TO THE GENERAL EMPLOYEES. HERE IS ALREADY, AS HE ADDRESSED HIMSELF, DISCRIMINATION AS HE PUT IT, YES THERE IS WEADXOLISCRIMINATIIONIWITHIN pp S /E_SASDEASAS IT AS ATGNtSA, MEMBERNOW. I ',MINK THEY PAY b cE 1/i%. AS,A OMAN VOLICE F E�R, SHE PAYS '3 1/Lt AND AS A WOM N GENERAL EMPLOYEE, PAYS i/27o SO TH S DISCRIMINATION, YES THERE IS. WE HAVE A HEART RILL. THE FIRE DEPARTMENT HAS HAD THIS FOR SOME 12 YEARS AND WE WERE LUCKY AND FORTUNATE TO BE GIVEN BY THIS BODY, A YEAR OR SO AGO, A HEART BILL. bUT WE HAD FACTS AND REASONS TO SUBSTANTIATE THE REASON WHY WE SHQULD HAVE A HEART BI L. I WENT ON RECORD THEN AND I WILL,AGAINA 1 THINK THE GENERAL LMPLOYEES SHOULD HAVE SOME SORT OF HEART I3ILL BUT YET THEY HAVE NOT YET TO THIS DATE BROUGHT FORTH E IDENCE SO TUAT THIS BODY CAN RULE ON A HEART BILL FOR GENERAL PLOYEE AM NOT HERE SPEAKING IN BEHALF OF OR AGAINST THE EN RAL MPLOYEES. I AM HERE SPEAKING ON BEHALF OF THE 'OLICE AND TIRE EPARTMENTS WHICH IS REQUESTING SOMETHING THAT HAS ALREADY BEEN STABLISHED, CAN BE DONE. WHETHER OR NOT YOU GIVE US THE 4A SALARY INCREASE OR WHETHER IT IS THE SAME AMOUNT OF MONEY THAT YOU ARE GOING TO APPLY TQTHIS .MENSION INCREASE BECAUSE THIS IS THE FIRST TIME THAT THE ITY PLOYEES, BOTH POLICE AND FIRE, HAVE STOOD BEFORE THIS BODY OR ANY IN THE PAST AND SAID RATHER THAN GIVE US EVERYTHING, WE ARE WILLIN G TO PAY PART OF SOMETHING THAT YOU ARE,GOING TO GIVE US AND THINK THAT IS FANTASTIC IN ITSELF. 1 DON TKAMW OF ANY REPORT XET NOT BEING REPETITIOUS THAT INDICATES THIS CANNOT BE DONE. rrOR EXAMPLE, THE REPORTS THAT WE HAD AND SPENT OUR MONEY FOR, WE ADDRESSED OURSELVES TO PENSION BOARDS SOME TWO YEARS AGO AND REQUESTED THAT THCITY PENSION BOARD go ON RECORD AS PAYING FOR THIS REPOT, IT AS TURNED DOWN. KEMARKS WERE MADE AT THAT TIME BY THE (ENERAL LMPLOYEES THAT THEY WOULD NOT BENEFIT BTHIS Y THE INCRgASED BENEFD ITS THAT WE WERE SEEKING THROUGH LIKE $4,UUU.UQU OFTHEOURLMONEYICE NANDIHADRE OTHESEZREPORTSATIONS SMADE.PENT sOTHEYING REFLECT NOT ONLY THAT IT CAN BE DONE, THE BENEFIT THAT WE ARE ASKING FOR TODAY BUT THOSE SAME BENEFITS THAT WE HAD AS PART OF 'HIS SURVEY THE GENERAL ttMMPLOYEES ENJOY TODAY BECAUSE YOU, THE OMMISSION, PASSED TODI LAST YEAR. MAKE REFERENCE TO THE WIDOWS BENEFIT, THE SURVIVAL BENEFIT AND THE ADDITIONAL OR OPTION , A, B, AND C. HEY ENJOY THIS BENEFIT AND IT WAS BY AND THROUGH THE USE OF OUR MONEY AND OUR ORGANIZATION THAT THIS BECAME A REALITY; AND FQRTHWITH THAT YOU PASSED IT AS A BODY TO MAKE IT A REALITY. JO WE HAVE DONE THINGS TO HELP gVERYONE IN THE PAST, WE HAVE SAT IN NEGOTIATION SINCE ABOUT MAY NOW, REQUESTING VARIOUS BENEFITS OF WHICH, THE ITY SAID THEY COULD NOT AFFORD. WE ARE NOW IN THE POSITION OF ESTABLISHING THAT THE ITY CAN AFFORD THIS ONE AND WE ARE NOW WILLING, IF THE ITY CANNOT PICK UP THE ENTICE TAB,. WE,ARE WILLING TO PICK UP PART OF IT OURSELVES. I DON T AND CAN'T ASK ANYONE TO GO ANY FURTHER THAN THAT. 3o 2-3-72 • • I TS BEEN, HERE AGAIN, BY MR. PARKS, AND RRECT ME IF ISM WRONG, BUT ITS BEEN STATED THAT WE BE GIVEN THE 4A SALARY,INCREASE AND THEN ALLOWED TO BUY THIS BENEFIT OURSELVES, I DON T NEED NQR DO YOU NEED TO BE A MATHEMETICIAN TO KNOW THAT IF YOU GET 4% SALARY INCREASE THAT THE CITY IS INDEED GOING PAY PART OF OUR PENSION ANYWAY BECAUSE IF OUR SALARY INCREASES, THE PENSION ALSO INCREASES. LONSE©UENTEY THE CITY IS GOING TO PAY PART OF OUR SALARY TOWARDS OUR PENSION. LIKEWISE WE ARE ALSO GOING TO HAVE INCOME TAX DEDUCTED SO WE ARE TALKING OF A GROSS AND THEN A NET. IN THIS INSTANCE WE ARE TALKING ABOUT A NET INCREASE OF MONEY FROM THE CITY AND PART fARTICIPATION OF THE EMPLOYEE THAT WOULD 4ANEFIT THE POLICE AND IRE EMPLOYEES A LOT MORE THAN A MERE SALARY INCREASE, SO I STILL PLACE BEFORE YOU, THg FAST THAT NO ONE , THE ACTUARIES REPORT IS HERE OF WHICH THE TY S REPRESENTATIVES AND BY OTHERS ARE CONTAINED HERE AND NOWHERg,WITHIN THESE DOCUMENTS DOES IT SAY THAT IT CANNOT BE DONE, WE RE MERELY ASKING FOR SOMETHING THAT CAN BE DONE AND HAS BEEN INDICATED BY THE CITYS ACTUARY THAT IT CAN BE DONEAND WE ARE WILLING TO PAY PART OF IT AND THIS IS WHERE IT LIES NOW, MR, PARKS: I WOULD LIKE TO REITERATE FOR MR. PBt NIz NEFIT, I DID NOT SAY AND IT IS NOT MY LACE TO SAY, $64 ,UUU.UU SHOULD BE PAID BACK TO THE POLICE AND FIRE IN RAIS S AS 0 NTING OUT TO THE COMMISSION THAT IF IT WAS THE -lTMPE CMANGL_) MR. PRINTZ: THE INFORMATION CAME FROM THE ACTUARY THAT THE CITY USES AND WE ARE ASKING THAT YOU DO IT TONITE, MR. MARSHALL LITVAK: MR, MAYOR AND CQMMISSIONERS, SERGEANT PRINTZ AND ILLUSTRIOUS FIRE AND POLICEMEN. 1 AVE NEVER IHOUGHT THE AY WOULD COME WHEN I WOULD ARGUE WITH THE IOLICE AND FIREMEN AND I AM NOT GOING TO DO IT TONITE. MR, PLUMMER: I HAVE GOT TO LEAVE IN 7 MINUTES, MR, LITVAK: WHAI THE GENERAL EMPLOYEES ARE ASKING IS NOT THE REFUSAL OF WHAT tt'OLICE AND RE WANT IN THEIR PENSION SYSTEM WHAT WE'RE SAYING IS AS MR, KEESE HAS STATED, AND WHAT WE HAVE SEEN FROM THE ACTUARIAL REPORTS IS THAT WE FEE' THAT THE INFOR- MATION DOES NOT WARRANT THE COMMITMENT,BY THE ITY FOR AN EXP- ENDITURE THAT WE CANNOT AFFORD. 1 DON'T THINK A DECISION SHOULD BE MADE AT ALL TONITE, I THINK THAT FURTHER STUDY IS NECESSARY AND IF POSSIBLE 1 AM ALL FOR THEIR ECEIVING THE BENEFITS AS LONG AS THEY ARE NOT DETRIMENTAL TO THE LITY OR OTHER EMPLOYEES. 1 DO NOT FEEL THAT THE INFORMATION ON HAND CAN WARRANT A DECISION ON YOUR PART TONITE AND THIS IS ALL WE'RE STATING 1 ECAUSE 1 THINK WHAT THEY'RE SAYING HAS VALUE AND MERIT BUT WE DON T WANT TO BE PUSHED INTO SOMETHING WE ARE ALL GOING TO REGRET LATER. pR. TOM DUNLAP: I WOUL,D LIKE TO SAY SOMETHING REPRESENTING THE IRE FIGHTERS. I SEE MR. DRAZIEL HERE AND ON THE AGENDA IT SAID THE FIREFIGHTERS AND POLICE WOULD TALK ABOUT THEIR PENSION. NOW TO ME THIS IS BLATANT CASE AND IT HAS HAPPENED BEFORE AT THE ELEVENTH HOUR 'ME TOO', 1 AGREE WITH THEM, THEY SHOULD HAVE THIS BUT WE HAVE CONDUCTEQ,1 VOTE WITHIN OUR MEMBERSHIP, THEY HAVE NOT, THEY CAN T SAY THAT %A OF THE GENERAL EMPLOYEES WILIr TAKE THIS BENEFIT TODAY. WE ARE SAYING THAT WE ARE READY. WE Vg BEEN READY AND THERE ARE ALL OF THE ANSWERS HERE PREPARED IN THE LITY ADMINIS- TRATIONS HANDS. NOW IF YQU ARE TRYING TO FIND REASONS, WHY NOT, THEN YOU CAN FIND THEM. tUT WE HAVE THE REASONS WHY WE WANT IT, TS BEEN ELAYED AND DELAYED, WE'D LIKE TO MOVE FOR THE FIRE AND rOLICE. IF THE GENERAL LMPLOYEES WISH THIS TOO, WE RE IN FULL ACCORD, FULL HEMPEOPLE, WILL THEYATHY JOINWITH THIS( WEFOR AREGETTING SAVI4G THAT LUO layEOFTALLRTHEN FIREMEN ARE DING TO GO INTO THIS PLAN. THEY WILL CONTRIBUTE THE AQ TjQN1A 1k. WHAT MR. PARKS IS TALKING ABOUT AS FAR AS UTT;NG R104,000,UU, THAT MONEY THE CITY IS NOT GOING TO PUT UP. THEY RE GOING TO CONTRIBUTE THE 4k THAT THEY WOULD IVE,US IN A SALARY INCREASE, THEY WILL CONTRIBUTE THAT IN THE CITY S SIDE, WE WON'T RECEIVE A PAY RAISE. IHE ADDITIONAL COST BEYOND THAT WE WILL PAY IT WILL COME OUT OF OUR PAYCHECKS AND WE RE,PREPARED TODAY TO SAY THAT IT CAN BE DONEAND CAN BE DONE NOW. WE'VE HAD A PRDMOTIONAL LIST DIE BECAUSE OF THIS, FIREFIGHTERS WHO SHOULD HAVE :3EEN PROMOTED, HAVE NOT AND WE HAVE MANY PEOPLE SITTING ON 69. 31 2-3-72 • • THEY ARE WAITING TO RETIRE. AND THIS REQUEST FOR DgLAY, DELAY, DELAY IS JUST OVERCOMING AND REALLY FRUSTRATING PEOPLE WE ARE REALLY FRUSTRATED IT HAS BEEN DELAYED SO LONG NOW THAT I JUST DON'T KNOW WHY THEY ARE ASKING FOR A DELAY IF THEY FEEL LIKE THEY WANT IT, THEY CAN COME TO YOU AND ASK FOR IT ALSO,BUT I DON T THINK - WE CAN'T NEGOTIATE FOR THE GENERAL EMPLOYEES. WE'VE BEEN TOLD MANY TIMgS BY,MR. KEESE THAT WE CAN ONLY SPEAK FOR OUR OWN GROUP AND THAT S ALL WE'RE SPEAKING FOR. WE ARE NOT SAYING DON'T GIVE THIS TO THE GENERAL EMPLOYEES, BUT AT THE LAST MINUTE, AT THE ELEVENTH HOUR, WE GET A OE TOO APEROACH THAT IS ASKING YOU TO DELAY THIS BENEFIT FOR THE IRE AND roucE. MR. PLUMMER: MR. DUNLAP: WELL WHAT'S WRONG WITH A ME TOO ATTITUDE? NOTHING, IF THEY WANT IT AND THEY'RE ENTITILED TO IT, MR. PLUMMER: IF THEY WANT IT AND THEY ARE ENTITLED TR IT AND THE LITY CAN PROVIDE IT, MR. PARKS WHAT'S WRONG WITH THAT, MR. PARKS: I WOULD LIKE TO SAY WHAT HE IS REFERRING TO AS A ME TOO ND I REALLY RESENT THAT , I DIDN'T INTEND TO DEBATE THIS MATTER. WOULD LIKE TO TELL HIM WHY ITS A ME TOO, BECAUSE NO MEMBER OF THE GENERAL MPLOYEES, NO MEMBER OF THE RETIREMENT BOARD PER SE HAS EVER SEEN THE REPORT FROM KRUSE AND LING ON THIS. IT WAS DONE WITHOUT THE PERMISSION OF THE RETIREMENT BOARD WHICH IS AGAINST ALL REGULATIONS THE CHARTER AND ORDINANCE AMENDMENT STRICTLY STATE THAT THE ACTUARY AKES ORDERS ONLY FROM THE RETIREMENT BOARD FOR ANY SURVEY ON ANYTHING. HIS WAS COMPLETELY BYPASSED, THEY WENT ON THEIR OWN AND HAD IT DONE. HE RETIREMENT BOARD AND 1 THINK MR. KEESE HAS BEEN TO ALL OF THE RETIREMENT BOARD MEETINGS AND HE CAN BACK ME UP ON TIIS, IT HAS NEVER BEEN BROUGHT TO THE RETIREMENT BOARD AT ALL. HIS ME TOO ATTITUDE IS COMPLETELY WRONG. MR, REESE: MR. MAYOR AND MEMBERS OF THE COMMISSION, I THINK WHAT R. ARCS IS SAYING IS THAT THE REPORT HAS NOT BEEN MADE AVAILABLE BUT F 1 REMEMBER CORRECTLY, AT SOME TIME IN THE PAST, THE roucE AND FIRE DID APPEAR BEFORE THE BOARD AND ASKED IF THERE WERE ANY OBJECTIONS IF SUCH A RgQUEST WERE MADE OF THE ACTUARY. SO 1 REALIZE THAT THEY DIDN T GET PERMISSION, BUT THEY DID ASK IF THERE WOULD BE ANY QUESTION ABOUT IT. DON'T THINK IT WAS BROUGHT OUT THAT THERE WOULD BE. NOW THE OTHER ASPECT 0 WHAT 10M IS RE ERRING TO IS 1 KNOW 1 PUT IT ON THEAGENDA BECAUSE PROMISED THAT I WOULD PUT IT ON FOR THE POLICE AND IRE BUT ALSO, THINK IN ALL FAIRNESS, YOU ARE TALKING ABOUT THE PENSION SYSTEM, WE ARE NOT TALKING AT THIS POINT ABOUT NEGOTIATING ANY CONTRACT. ROW YOU ARE TALKING ABOUT THE PENSION SYSTEM WHICH EVERY EMPLOYEE IS A MEMBER OF IT HAS AN INTEREST IN AND THIS IS WHERE IT BRINGS IN THE DISCUSSION OF THE GENERAL EMPLOYEES AND MAYBE THERE HAS BEEN A WORD OF WISDOM DROPPED HERE THAT THERE MIGHT BE POSSIBLE IN 2 WEEKS TO COME BACK IN WITH A GENERAL EMPLOYEES PROPOSAL AND WITH YOUR PROPOSAL AND THEN THE THE LOMMISSION WOULD NOT BE PUT IN THE PQSITION OF TRYING TO DECIDE ONLY PART OF THIS QUESTION TONITE, AND 1 AM NOT TRYING TO STALL. MR. DUNLAP: APPEARED BEFORE. EF RE.IHEEFENSIONPI3OARDATE IN 19b9EANDMARKS ASKEDBUT FORWHEN THESEESTUDIES TO BE MADE, THE (ENERAL LMPLOYEES REPRESENTATIVE STATED THAT THEY DID NOT WANT THIS AND THEIR PEOPLE COULD NOT AFFORD IT. !WE MAN IS STANDING RIGHT THERE. ASK HIM IF THEY DIDN'T SAY THAT. NOW THEY ARE SAYING THAT THEY DO WANT IT BUT DOES HE KNOW, HAVE THEY CONDUCTED A VOTE AMONGST THEIR PEOPLE ARE WE GOING TO GO THROUGH ALL OF THIS, MR. REESE: I DON'T THINK IN ALL FAIRNESS THAT YOU WOULD WANT TO SEE THIS ACCOMPLISHED WITHOUT THE SANCTIONING OF THE OTHER PARTICIPANTS IN TIE SYSTEM AND YOU KNOW AS WELL AS 1 DO THAT THE GENERAL EMPLOYEES AREN T ORGANIZED LIKE THE FIREFIGHTERS ARE, LIKE THE POLICE ARE XET THER ARE JUST AS MANY GENERAL EMPLOYEES THAT DON'T BELONG TO THE UENERAL tMPLOYEES ASSOCIATION AS BELONG TO IT SO NO ONE CAN GO OUT AND GET THEIR REACTION BUT THERE IS POSSIBLE PROGRAM THAT COLD BE BROUGHT FORTH THAT MAYBE WOULD BE ACCEPTABLE TO THE GENERAL EMPLOYEES AND AT THE SAME TIME, NOT DISTURB YOURS. MR. DUNLAP: THAT COULD BE DONE AFTER THIS IS PASSED, 4E'RE READY TO GO. 32 2-3-72 • • MR. RAY BRA IEL: I WOULD LIKE TO SAY THAT I HAVE 23 YEARS WITH THE CITY. I STARTED QUITE YOUNG AS A M CHANICS HELPER AND IF YOU FOLLOW MY REASONING HERE, AT THAT TIME, 1 BELIEVE THAT ALL EMPLOYEES WERE TREATED EQUALLY UNDcR THE PENSION. SOMEWHERE ALONG THE LINE, AND I LL SAY THIS, THAT WAS IGNORANT MPLOYEE AN DIDN'T HAVE THE PAY, I DIDN T HAVE THE WINS THAT THE tOLICE AND LIRE DEPARTMENT HAVE WO KING FOR THEM, UENERAL LMPLOYEES LOST IN AN AREA HERE OF THE 55, WE WER ALL IN THE 6O YEA AND AS SOON AS THE 55 YEAR PLAN WAS OPEN TO UENERAL EMPLOYEES, 1 BOUGHT INTO THAT AND I WAS NOT EVEN AWARE THAT TH POLICE AND FIRE PAID A PERCENT MORE. WE REMAINED IGNORANT AND„,1 WAS IGNORANT UP UNTIL THE TIME THAT I TRANSFERRED FROM THE PARKS DEPARTMENT INTO LIVIL SERVICE AND REALLY GOT INVOLVED IN THESE THINGS AND THERE ARE A LOT OF GENERAL EMPLOYEES THAT ARE IN THE SAME BOAT. I AM ONE OF THE GENERAL EMPLOYEES THAT DOESN'T HAVE SOCIAL SECURITY,THIS WAS AN ELECTIVE MATTER. ELECTIVE TO THE FIRE AND POLICE TOO. WE CAN'T THAT ALL GENERAL EMPLOYEES aIIVE SOCIAL SECURITY BECAUSE THEY DON'T. T. 1 DON'T HAVE IT MXSELF SO 1 AM STILL ON THE TYPE OF PENSION AND YET THEY HAVE GAINED 7 YEARS ON ME BUT I AM NOT BEGR DGIN9 THAT, I JUST SAY THAT BECAUSE OF GNORANCE IN THE PAST, I DON T THINK YOU STY WITH II ALL THE TIME. NOW GENERAL EMPLOYEES ARE GETTING A VOICE, IHE LITY LOMMISSION IS IjEARING FROM THEM AND THEY ARE HEARING FROM ME AND ALL I SAY IS I DON'T THINK IN ORDER TO PROLONG TH S THING THAT YOU CONTINUE TO DIFFERENTIATE, T7HERE ARE NOW ABOUT 4 OR DIFFERENT GROUPS, IF THE GARBAGE TOTER OR GAR AQE DEPARTMENT CANNOT PAY AN ADDED BENS IT, DON'T MAKE HIM PAY IT. � VE GOT 4 OR 5 DIFFERENT GROUPS NOW, ITS JUST AN ELECTIVE THING. DIVE ME AN OPPORTUNITY, MY SALARY IS ENOUGH NOW. —FIRE AND POLICE START AT A HIGHER SALARY THAN MANY GENERAL EMPLOYEES EVER ATTAIN, THEY CAN AFFORD THIS J,/27o OR 1A BUT THERE WILL BE SOME OF THE GENERAL EMPLOYEES WHO WON T WANT IT. MRS. GORDON: WELL WHAT I DON'T UNDERSTAND IS IF YOU ARE WILLING AND ALL OF THEIR GROUP HAVE AGREED, AND IF YOUR GROUP OR INDIVIDUALLY MAKE IT OPTIONAL, WANT TO, WHATS TO STOP THIS F OM TAKING PLACE. AM JUST ASKING A POINT OF INFORMATION OF THE GENERAL LMPLOYEES. DON T SEE WHY THEY SHOULD OBJECT MR. BRAZIEL: WELL THERE IS NO OBJECTION, I AM SAYING THAT I THINK WE. SHOULD HAVE EQUAL TREATMENT, MRS, GORDON: CERTAINLY AND I DON'T THINK ANYONE WANTS TO KEEP YOU FROM HAVING QUAL TREATMENT AND THATS NOT WHAT THEY ARE SAYING ITHER, As 1 UNDERSTAND IT, THEY ARE SAYIN DOVE ON OUR PART. WE RE A SEPARATE GROUP AND WE HAVE MADE A IODio DECISION. MR. BRAZIEL: I DON'T REALLY SEE THE SEPARATE GROUP, BECAUSE WE ARE ALL IN THE PENSION, MR. PRINTZ: WHEN YOU VT DOWN TO BASICS, THERE ARE TWO SPARATE AND DISTINCT GROUPS, HERE IS IHE SYSTEM AND THE PLAN, WE ARE STILL IN THE SYSTEM, WHAT MR. AZIEL SAYS HAS MERIT AND THERE IS ONE THING, THE COST FACTOR. 1HE FACT THAT YOU CAN LO THIS BY THE AMOUNT OF MONEY THAT YOU WERE GOING TO GIVE US ANYWAY SO TO BRING OTHER EMPLOYEES, OD WILLINQ LET THEM COME BACK IN THE FUTURE, TWO WEEKS FROM NOW OR WHATEVER. ALL WE RE ASKING THIS BODY TO DO NOW IS TAKE A VOTE — NOW. MRS, GORDON: FOR TN; PERCENTAGE THAT YOU WOULD HAVE HAD IF YOU HAD TAKEN YOUR RAISE. MR. PRINTZ: YES MAM. WE WILL PICK UP THE REST, THEY ARE GETTING PAID THEIR SALARY, WE ARE ASKING FOR THIS BENEFIT SO WE CAN START ENJOYING A BENEFIT THAT THEY ARE NOW ENJOYIN AND RETROACTIVELY SO BACK TO NOVEMBER THE 14TH, I ASK THAT THIS COMMISSION NOW TAKE A VOTE SO WE MIGHT PROCEED AND PERSUE THIS. MRiPL MMER: MR. MAYOR, I WILL MAKE A MOTION AT THIS TIME THAT THE CITY RTTORNEY BE DIRECTED TO DRAW UP THE NECESSARY DOCUMENT SO THAT THIS COMMISSION CAN PROCEED WITH THE OFFER PROFERED BY THE CITY PLOY E GROUPS IN LIEU OF A WAGE INCREASE THAT I.E. TC THE PENSION FUND, I WILL SO MOVE. MRS, GORDON: I WILL SECOND THAT MOTION, 33 2-3-72 a pAYOR KENNEDY: Now YOUR MOTION AS I UNDERSTAND IT IS THAT THE LIRE AND rOLICE CAN TAKE ADVANTAGE OF THIS IMMEDIATELY. MR, PLUMMER: THAT THE CITY AITORNEY BE INSTRUCTED TO DRAW UP THE NECESSARY FRAMEWORK FOTHIS COMM;SSION TO ACT ON IN TWO WEEKS FOR ALL EMPLOYEE GROUPS IF THEY DON T WANT A RAISE, THEY CAN ADD IT TO THEIR PENSION. ITS AN ELECTIVE THING, MAYOR KENNEDY: I SEE NO HARM IN PASSING THE POLICE AND FIRE TONITE AND AS LONG AS ITS UNDERSTOOI THAT THE GENERAL EMPLOYEES WOULD HAVE THE OPTION TO COME ABOARD, DON T SEE WHY YOU HAVE TO DELAY THE FIRE AND POLICE AND HAVE TO MAKE THEM COME BACK DOWN HERE. MR, PRINTZ: ITS OUR RECOMMENDATION MR, pLUMMER THAI WE GO FORTH WITH FROM THIS POINT ON WITH REGARDS TO OLICE AND t'IR . WE HAVE OUR COST FIGURES HERE T CANNOT BE ACCORDING TO THE ACTUARY AS IrAITTE HASSTOEBEEiOOk PARTICIPATION. AT 4:4 IT I OT HISBE ISON AN WHAT WETHAVEIRECTEDLDB/OUR PEOPLE WHEN WE HAVE SENT FORTH LETTERS TO THEM, THE MAJORITY OF IHE PEOPLE WOULD SEEK A PENSION INCREASE, EVERYONE IN THE ITY OLICE AND t'IRE DEPARTMENTS WOULD ALSO ENJOY THIS ENEFIT, 0 ONE WOULD HAVE THE OPTION OF NOT TAKING THIS, WE ASK THAT YOU PLEASE MOVE ON THIS TONITE. MAYOR KENNEDY: I THINK THAT YOU CAN MOVE THAT AND LEAVE IT OPEN FOR THE GENERAL EMPLOYcES, ITS NOT GOING TO AFFECT THEM ONE WAY OR THEOTHER BECAUSE WE RE LEAVING THE DOOR OPEN FOR THEM, MR. LITVAK: MR. MAYOR, IT IS GOING TO AFFECT THEM BECAUSE ITS GOING TO AFFECT THEIR QUITY IN THE PENSION SYSTEM WHICH COULD ONLY LEAD TO A SUIT, WE ARE TRYING TO AVOID THE POSSIBILITY OF THE GENERAL EMPLOYEES HAVING TO FILE SUIT AGAINST THE PENSION SYSTEM FOR DISCRIMINATION. THIS IS THE REASON WE REQUESTED A DELAY THAT WOULD ALLOW TIME FOR A PLAN TO BE WORKED OUT THAT WOULD BE BENEFICIAL TO ALL PARTIES THAT WOULD NOT BE HARMFUL. IF Iz MEANS SPLITTING THE PENSION SYSTEM INTO TWO SEPARATE GROUPS FOR POLICE AND LIRE AS ONE §YSTEM WITH SEPARATE CONTRIBUTIONS AND A SEPARATE SYSTEM FOR THE UENERAL tMPLOYEES, THEN THATS WHAT WE WOULD BE FOR. IF THATS WHAT IS NECESSARY BUT WE DON'T WANT A TMMITMENT MADE THAT IS GOING TO BE DETRIMENTAL TO ONE GROUP. HIS IS WHY WE HAVE ASKED FOR A DELAY, MR, PRINTZ THAT SINCE BELONG, TO SEPARATELY $E DONEBUT AND ACCORD : 21R, MAYOR, THE ACTUARY OF THE CITY HAS ALREADY INDICATED 196, THAT IT WOULD BE BENEFICIAL FOR IOLICE AND rIRE TO WITHDRAW FROM THE ENTIRE RETIREMENT SYSTEM AND BELONG . WE HAVE NOT COME BEFORE THIS BODY AND REQUESTED. THAT THIS WE ARE REQUESTING SOMETHING TONITE BE DONE FOR US, ING TO THE SAME ACTUARY, IT IS FEASIBLE, MAYOR MR, MUMMER, EPROBLEM, SEEN NOTHING YOU YOUR WRONG IT, IWO WEEKS MOTIO1 DELAY DOESN T MAKE THAT MUCH DIFFERENCE ESPECIALLY WHEN WE ARE LETTING THE OPTIONS STAY OPEN FOR THE UENERAL ttMMPLOYEES TO COME UNDER IT IF THEY WANT, MR, PARKS: MR, MAYOR, MAY I JUST SAY THIS, READING FROM THE ACTUARIES LETTER HIMSELF, IN LIEU OF SALARY INCREASE, IT SAYS RIGHT HERE IF PEOPLE DO NOT TAKE THE SALARY INCREASE, IT IS POSSIBLE TO ACCOMODATE THOSE MEMBERS WHO CHOOSE TO ACCEPT A BENEFIT BY SETTING UP A NEW CLASS OND GROUP, IT COVERS WHAT YOU SAID. THERE'S NEVER BEEN A BENEFIT 1 DON T BELIEVE THAT WAS RECIDED BY THE VOTE OF THE MEMBERS, ROT A BENEFIT AWARDED BY THIS UOMMISSION. MR, REESE: MR, MAYOR AND MEMBERS OF THE COMMISSION. IF THE COMMISSION VOTES TONITE, AFFECTING IHE OLIE AND IRE, THINK THE OPTION OUGHT TO BE LEFT OPEN FOR THE IENERAL tMPLOYEES TO COME BACK IN WITH A PROGRAM AND NOT NECESSARILY THE IDENTICAL PROGRAM TO THE POLICE AND FIRE BUT HAVE THEM SUBMIT A PROGRAM TO THE LOMMISSION FOR AN AMENDMENT TO THE ORDINANCE. 34 2=3=72 • MR. DUNLAP: THEY DO NOT HAVE THE ACTUARIAL COST TO EVEN DISCUSS TONITE WHAT IT WOULD BE. WE DO HAVE AND WE ARE READY TO GO. MR) REESE: THIS ACTUARY COST TOM, LETS NOT GET INO THAT OR WE LL SPEND ALL NIGHT DISCUSSING THAT BECAUSE THE ACTUARY REPORTS CERTAIN FIGURES AND THEN COMES BACK AND REEVALUATES THEM. MR. PLUMMER: I WILL MODIFY MY MOTION THAT THE POLICE AND FIRE BE APPROVED THIS EVENING AND BE LEFT OPEN FOR ALL THE REST OF THE EMPLOYEES TO COME BACK WITH A PROGRAM FOR THEMSELVES AS IN THE CASE OF THE POLICE AND FIRE. MRS. GORDON: I'LL SECOND THAT, MR. LIT AK: W HAVE ONE QUESTION MR, MAYOR, ITS APPROVED FOR WHAT. THE 1/LA INCREASE TO BE EFFECTIVE WHEN? MR, DUNLAP: WE'LL COVER THAT IN THE ORDINANCE AND BRING THAT BACK, MR, REESE: I THINK IT WILL HAVE TO BE JANUARY 1, WON'T IT? MR, PRINTZ: WE WERE ASKING AND THEN WE WERE TOLD THAT IT COULD NOT BE JAN ARY 1 AND IT COVLD NOT BE RETROACTIVE, WERE ASLC aa I'IARCH 1, I AM SORRY THAT 1 LEFT THAT OUT BUT ITS MARCH 1, 1J/L. IF IT CANNOT BE RETROACTIVE THAT IS, MAYOR KENNEDY: IF LEGALLY IT CANNOT BE RETROACTIVE, IT WILL BE MARCH 1. ANY OTHER QUESTIONS. MR. BRAZIEL: I WOULD LICE TO THANK YOU IN BEHALF OF THE GENERAL t PLOYEES WHO REQUESTED I APPEAR FOR THEM, RESOLUTION NO. 43215 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE (NECESSARY ORDINANCE TO BE PRESENTED AT THE NEXT I.OMMISSION MEETING TO FACILITATE IMPLEMENTATION OF PENSION CHANGE AS EQUE ED UNANIMOUSLY BY MEMBERS LI OF THE PST OCE AND TIRE DEPARTMENTS, AND THAT THE PROPOSAL OF THE POLICE AND FIRE DEPARTMENT EMPLOYEES IS APPROVED, BUT THAT THIS MATTER BE LEFT OPEN TO ALL OTHER EMPLOYEES THAN THE POLICE AND FIRE DEPARTMENT EMPLOYEES WHO MIGHT WISH TO PRESENT A SIMILAR PROGRAM TO THAT OF THE POLICE AND FIRE DEPARTMENT EMPLOYEES (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY MRS. GORDO TH RESOLUTION WAS PASSED AND ADOPT D BY THE FOLLOWING VO E - AYtS: SSR�S, . CHRISTIE, GRAHAM, t'LUMMER, MRS. CORDON AND MAYOR KENNEDY, NO S: NONE 33. REQUEST FOR PAR,�N�..l��RQl�lY�jl1� �1� I STADIUM JUNE 30 THRU THIS REQUEST WAS WITHDRAWN. 2-3-72 35 ,.� 4.ENSION IMPROVEMEN?S 14R DEPARTMENT HEADS MAYOR KENNEDY: I WOULD LIKE TO SEE SOMETHING DONE FOR THE EPA TMENT HEADS AND AFTER WE CAN COME IN WIT4 A RE Rj FROM R. KRUSE AS TO WHAT THE COST TO GIVE MAYBE 1/21/ OR ANNUAL CONTB BUTION TO DEPARTMENT HEADS AFTER THEY HAVE BEEN HERE OR 1U YEARS 4ND AFTER THEY HAVE BEEN A DEPARTMENT HEAD FOR 5 YEARS; AND I THINK IT IS FAIR AND I THINK THAT OUR MEN IN THESE POSITIONS ARE REALLY NOT COMPETING WITH PEOPLE WHO FOLDING A LIKE POSITION IN PRIVATE INDUSTRY. 1 THINK THAT WHOLE AREA SHOULD BE COVERcD. WE HAVE DONE A GOOD JOB FOR THE EMPLOYEES BUT WE HAVEN T DONE A BANGUP JOB ET FOR THE DEPARTMENT HEADS AND THE SUB DEPARTMENT HEADS. 0, IF YOU CAN COME BACK WITH SOMETHING LIKE THAT, I WOULD LIKE TO SEE THAT DONE, 35. APPOINTMENT OF MEMBERS TO THE MIAMI FOLK FESTIVAL COMMITTEE THE FOLLOWING RESOLUTION WAS INTRODUCED BY MAYOR KENNEDY WHO MOVED ITS ADOPTION: � SRES�� RESOLUTION NO. 43216 giNAS811TAIM'AITIPERAENOW� '1'1��.. (ONRFILEE LINWTHES OCITYFCLERKSUUFFICEIOMITTED HERE AND UPON BEING SECONDED BY MRS. GORDON, TH RESOLUTION WA eASSED AND ADOPTER BY IHE FOLLOWING VOT M SRS. LHRISTIE♦ bRAHAM, rLUMMER, MRS. (JORDON AND MAYOR KENNEDY. NOLS: NONE 36. i i'IRIC.KYlikUllnlillli�11:4Xy/IMIUMINICIIIPHILSE 111118l��1�y:1l_ THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM WHO MOVED ITS ADOPTION: RESOLUTION NO. 43217 Norm tlR�saille�cdYinN44REIA4 �NOTtt� (HERE FOLLOWS BODY OF RESQLUTIOtl, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY MRS. GORDON, TH �tSOLUTION WA eASSED RAHAM AND ADOPTER BY IHE FOLLOWING VOT - Fan:SRS LHRISTIE, LUMMER, MRS. CORDON AND MAYOR KENNEDY. Ni� ES: NONE 37. LEJEUNE GARDENS SANITARY IMPROVEMENT SR-5315-C AND SR-5315-4 THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM WHO MOVED ITS ADOPTION: RESOLUTION NO. 43218 A RESOLUTION ORDERING 31 JEUNE GARDENS SANITARY SEWER IMPROVEMENT SR-5 5-C ENTERLINE SEWER AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHAL�SH- BE MAD FOR A ORTION OETHE COST THEREOF AS EJEU A WnENyS ANITARY SEER IMPROVEMENT DISTRICT 51D-L ( ENTERLINE SEWER) (HERE FOLLOWS BOY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) 36 2-3-72 • jPON BUNG SECONDED BY MRS, GORDON, TH Yt SOL TION WA" bASSEJ AND ADOP T E BY IHE FOLLOW I a G VO T = : SSR�S,. LHR I ST I E, RAHAM, fL.UMMER, MRS. ORDON AND MAYOR KENNEDY, ISO S: NONE THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GRAHAM WHO MOVED ITS ADOPTION: E (10q E LIAPgV RESOLUTION NO, 43219 FIR-G-54-Tij'A PrfwKWIPRY _P t �R IlICC A SASIAA R-31 S (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE ANDON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY MRS. GORDON, TH RESOLUTION WAS ASSED AND ADOPTER BY IHE FOLLOWING VOT — Pic M SSRS. CHRISTIE, URAHAM, YLUMMER, MRS. bORDON AND MAYOR KENNEDY. NOES: NONE ADJOURNMENT: HERE BEING NO FURTHER BUSINESS TO COME B-FQQ E THE OMISSION, THE MEETING WAS ADJOURNED AT /:15 O'CLOCK i9. THIS DATE. ATTEST: CITY'CLERKHERN DAVIDMAYORENNED" 37 2-3-72 440.044C edre40-0/0"-- Mr. Christie: Mr. MacLean, there is one thing that the Fire Chief said that is interesting. That is the requirement that a plan, I believe he referred to, a plan of how the thing is going to be set up so that they will know how to police it, has not been presented. I don't know if its your obligation, I assume it is or the promoter who is there, in time, so that they can take the necessary action and not waste manpower time. What about that? Mr. MacLean: Mr. Christie, and Commissioners. In my lease with the individuals who are my tenants there is a paragraph that specifically states that they must secure all licenses necessary and all permits unfortunately most of these people are not professionals and it never dawns until the last few days that they have not gotten their permit and then its up to me to get with them and try to fill it out and get it over to the Fire Department but I have made every effort to get them there and in most cases, repeat shows have the basic floor plan. Very little moving around is done, the exhibits are basically the same. The trailer show may move, I heard the chief say they blocked an exit. Thats possible. I assure since I have heard the Chief that I will make every effort to see that he is notified in adequate time to make his judgment. Mr. Christie: I don't think you really can, in the face of this, leave it up to the people you lease it to. I think you are going to have to present that floor plan sooner. Mr. MacLean: I believe so. Mr. Graham: At the time you make a contract with your people, can't you bring that to their attention? Mr. MacLean: Yes Sir, and I have but unfortunately many months, For example I have shows booked in November and just two weeks before that, they are out of towners, they come in town just two weeks prior to that but I will make an extended effort to see that they overcome that. Mayor Kennedy: Any other? Mr. Christie: When is your lease over Mr. MacLean? Mr. MacLean: My current lease expires November 1973. Rev. Graham: I think that if anyone is not living up to its contractual agreement that the City Manager has a right to make disposition of that situation. However in the report which comes now there have been some inconsistencies that have disturbed me for a great many things in the report, Mr. Spiegel has stood up here with documentary material and refuted them. I think if we are going to make a report and recommendation about one of our tenants, I don't think we need to pad it at all. I think we need the facts to deal with, not the supposed facts. I can see the fire situation and that has to be dealt with very carefully because peoples lives and limbs are at stake. The issue of the insurance is important, I raised it before, Mr. Christie raised it again. And these people stood up and said that over a period when we said he didn't have it, he had it and had documentary material to prove this • .1 n«4 rno77v 4ictnrhina mP. and T would like to Mr. Christie: Mr. MacLean, there is one thing that the Fire Chief said that is interesting. That is the requirement that a plan, I believe he referred to, a plan of how the thing is going to be set up so that they will know how to police it, has not been presented. I don't know if its your obligation, I assume it is or the promoter who is there, in time, so that they can take the necessary action and not waste manpower time. What about that? Mr. MacLean: Mr. Christie, and Commissioners. In my lease with the individuals who are my tenants there is a paragraph that specifically states that they must secure all licenses necessary and all permits unfortunately most of these people are not professionals and it never dawns until the last few days that they have not gotten their permit and then its up to me to get with them and try to fill it out and get it over to the Fire Department but I have made every effort to get them there and in most cases, repeat shows have the basic floor plan. Very little moving around is done, the exhibits are basically the same. The trailer show may move, I heard the chief say they blocked an exit. Thats possible. I assure since I have heard the Chief that I will make every effort to see that he is notified in adequate time to make his judgment. Mr. Christie: I don't think you really can, in the face of this, leave it up to the people you lease it to. I think you are going to have to present that floor plan sooner. Mr. MacLean: I believe so. Mr. Graham: At the time you make a contract with your people, can't you bring that to their attention? Mr. MacLean: Yes Sir, and I have but unfortunately many months, For example I have shows booked in November and just two weeks before that, they are out of towners, they come in town just two weeks prior to that but I will make an extended effort to see that they overcome that. Mayor Kennedy: Any other? Mr. Christie: When is your lease over Mr. MacLean? Mr. MacLean: My current lease expires November 1973. Rev. Graham: I think that if anyone is not living up to its contractual agreement that the City Manager has a right to make disposition of that situation. However in the report which comes now there have been some inconsistencies that have disturbed me for a great many things in the report, Mr. Spiegel has stood up here with documentary material and refuted them. I think if we are going to make a report and recommendation about one of our tenants, I don't think we need to pad it at all. I think we need the facts to deal with, not the supposed facts. I can see the fire situation and that has to be dealt with very carefully because peoples lives and limbs are at stake. The issue of the insurance is important, I raised it before, Mr. Christie raised it again. And these people stood up and said that over a period when we said he didn't have it, he had it and had documentary material to prove this and these inconsistencies are really disturbing me and I would like to see a true bill if thats a good term, if I judge this man on the basis of things that are not true, then we create another problem. I can't sleep at night. I don't know what kind of motion I want to make now but I would certainly like to see that report refined before I am ready to take action on it, at least positive action. Mr. Reese: Mr. Mayor and members of the Commission, the aspect about the insurance as soon as I found out what it was, I endeavored to clear it up. This report was given to you in good faith and I repeated several times these are facts. This is one of the things in this report that when the error was found, it was brought to your attention but I hope it is not looked upon as not a true bill of particulars. I think it would be a sad situation that our documentation in the City of Miami that has been supplied you is not looked upon as a true bill of particulars. I don't think our minutes are on trial and I don't think any statement is on trial, I think the photographs were taken, show you the housekeepin g, the material that you were supplied and a statement right here in the minutes by Mr. MacLean 4Firif44.414. drVeikVair 2-3-7. SP when he said to Mr. Ferre, yes sir, I agree to reimburse the City for any monies expended should I not be successful. This is pertaining to this $15,000 appropriation. Here is the sheet on payments going back to the very beginning and I assureyou there was a balance carried over each and every year. Its in the City records. Have auditors or anybody else look at it, its there. I don't think these are on trial, I don't think anybody's on trial but administratively, I feel responsible to bring to your attention and I am endeavoring to do that. Reverend Graham: Mr. Reese, I am not interested in any personal vendetta because I don't think I can operate that way. I think that when we go back historically, it is true that the other people who are operating that concern there were indemnifying the City of Miami to the tune of some $207tO0 a year and this man I believe the record will show managed to pay to the City of Miami, some $12,000 a year and we are talking about $32,000, not $20,000, not $12,000 but $32,000 if we are going to figure it this way. I think how we treat Mr. MacLean must be in the light of our previous experiences with the other&s who have held it, it must be a bad operation at best, because the others failed and I can understand one and I can understand two but when three fail, its like the all American game of baseball, three strikes, you are out. No if and and about it. This man made some semblance of a successful"business out of it. Therefore, I think some consideration should be given to him. _ Within the framework of possibility, I don't think that human beings should be required to conduct themselves as angels because they're not I would like to see another review of this situation. Mr. Reese: Mr. Mayor and members of the Commission. There has been no other operator in that facility under a lease to the City of Miami to the best of my knowledge. I was the City Manager in 1962 that proposed putting this out on lease.,because of the problems we were having and lack of the City's ability to bring the facilities in there that the facility was suitable for. This I don't think that anybody is going to dispute. Mr. Stoller stood up here and told you where the error was in the loss figure that was used in 1962 and at that time, the power consumption that was used on the Coconut Grove Dock was charged as the total amount against Dinner Key Operation. So the $20,000 loss was automatically reduced by $15,000. I am not trying to justify the figure of the loss to the City, all I am here appearing for as your Manager, do we have a contract to administer or don't we? It is that simple. If we have a contract to administer, then allow us to administer it. Mr. Christie: I don't think anybody is questioning that right or the desire of this Commission to administer it. I think if Mr. Mac Lean has not paid any of the monies owing then I think it would be theobligation of the City to sue him for the money. Mr. MacLean said he doesn't owe and that its settled, I don't know. I think thats a legal question and an administrative question. Mr. Reese: If Mr. MacLean has a refund coming from the City, he is obligated to file a bill for the refund and take the necessary action and this is not being beaurucratic, the auditors have been through this ever since I can remember, the reports have come up and there was a difference in bookkeeping, this and that. I am as anxious to get it reconciled as you are. Whatever it is, but it has to be some positive steps being taken. All I say, if a person is supposed to pay, the city, within 7 days, I think it ought to be paid. It is supposed to be reconciled at a monthly statement, it is supposed to be filed with the city on a monthly statement and I think there are specifications and conditions in the contract that set this up and I don't know why we go through the process of a contract because its nothing more than a burden on the administration to administer the contract, if we don't follow through with it. Mrs. Gordon: I wanted some points cleared up in my mind. Theres been an awful lot of charges thrown one way and refuted the other way, enough to confuse anybody this afternoon. I would like to know about the custodial care of the property, Mr.MacLean, you haven't said anything about the conditions in regard to that. The charge was that you are not keeping the place, clean, shall we say? Mr. MacLean: I thought I mentioned in my talk that unfortunately some people would go to first class facilities and walk into Dinner Key and see rough course con crete and 20 year old fixtures. Mrs. Gordon: I'm not talking about that. I am talking about debris, litter, and that sort of thing which was visible in some or the photographs we had here. Is that condition that way now? Mr. MacLean: Not now, and I refer to, luckily for me that we have this on this agenda but I would refer you to the newspaper of January 27th, 1972, one week ago unsolicited by Mr. Jim Hardee of the Miami Hearld complemented Mr. Reese and George Mac Lean for the well lighted, clean, good looking Dinner Key Auditorium as compared to what it was years ago. Mrs. Gordon: You are saying that if we inspected it tomorrow, we would find a nice clean, not structurally changed, but clean from the point of litter and cleanliness. Mr.MacLean: I am sure you would say so. If you walked accross the street right now and I encourage you to do so, you would say this is as clean as any man can keep this old building. I assure you. Rev. Graham: Mr. Christie, - Mrs. Gordon: The photographs reveal some pretty sad conditions in the bathroom facilities also, those have also been cleaned? Are they operable? Mr. MacLean: Yes Maam, and photographs taken at an opportune time reveal not truly a story. I could take a picture of your house on New Years Eve before the party started and it would be beautiful. If I came by at 2 or 3 in the morning after the party, it certainly wouldn't be very complimentary. Not particularly your house but I am trying to give you an idea what photos can do. Mrs. Gordon: There was another charge about storing a structure on the premises which should not be there, what are your plans for removing this structure? I understand its a hazard and it doesn't belong there. Mr. MacLean: It is a hazard and its an ugly eyesore. I have $3,100.00 in rent coming of which a portion belongs to the City of Miami, its in the Courts, we've been promised an answer shortly and I look forward to it being removed and I certainly don't want it there. The unfortunate thing is the cost of moving, is thousands of dollars but it will be moved one way or the other, if I have to go and find a lot and move it myself. Mrs. Gordon: Mr. Reese is also concerned with the dangerous factor of the bleachers that are outside. What are your plans on that? Mr. MacLean: The bleachers that are outside are gradually being reduced to only what we need now for our current show. THE bleachers were bought for the University of Miami and for the Floridians and again not looking to refute but when the minutes are read I think you will see that I said I would reimburse the City for $15,000.00 if I am not successful and the whole context of the story is that if I was not successful in getting the Floridians and the University of Miami and the City laid out $15,000.00, I would reimburse them. I was successful in getting them, unfortunately they were very unsuccessful. To answer your questions on the bleachers, they are being reduced to only the minimum that can be placed on wheels and they will be moved inside as quickly as possible when they are not in use. Mrs. Gordon: How quickly is quickly as possible? In both instances? 2-3-72 Sp Mr. MacLean: On the house, I am hoping it within 21 days before the end ofFebruary. On the bleachers, by the time we are ready for our first show in June, we'll need all of them, they will be inside and they won't be put outside again other than those small factions on wheels that we use. Mrs. Gordon: You are not current at the present time as to your accounting with the City either are you? There was confusion back as to whether you are current or not current with your funds. Are you current? Is he current Mr. Reese? Mr. Reese: Since Mr. MacLean has received this report, I think he has supplied the City with either 7 or 8 checks;at the beginning of this meeting, making the corrections, I would have to ask Mr. Stoller what is the unpaid balance due the City. Mrs. Gordon: That would be interesti-ng to get. Mr. MacLean: I might be able to answer that for you. With the exception of the $2,300.00 which I maintain offsets my balance, I owe the City of Miami at this time, $398.80 and that is thru December. Mr. Reese: He tells me that it is $2,248.63 unpaid. Its broken down $194.97 on rent, utilities and sewer charge, $930.00, property maintenance $26.66, telephone commission $82.60, admission tax May 1, 197] $14.40, Making a total of $2,248.63. Mrs. Gordon: Mr. Reese; the $2,300.00 keeps cropping up. Do we owe this to Mr. MacLean or do we not owe this to Mr. MacLean? Mr. Rothstein: I will try to explain that. That is out of the $15,000.00 that I just discussed with Mr. Christie which is an issue which we have to determine. I am going to get with Mr. Reese and I will get the facts for the Commission, lets put it that way. Mrs. Gordon: In other words, this is part of the whole overall picture. Mr. Rothstein: Well apparently Mr. MacLean has taken this as a settleup against the $2,200 that the City says he owes. Whether he can do that or not is a different story. Mrs. Gordon: This is what you are going to determine? Mr. Rothstein: Yes Maam. Mr. Graham: Mr. Christie, can we collaborate on your motion now? Mr. Christie: The motion is that the minutes be written up that all these records given to the City Attorney and if there are any discrepencies as to the monies owed that the City Attorney report back to us for the institution of a lawsuit to get back the money that is owed, if any, to the City of Miami. Since the lease has only about 20 more months to go, that Mr. MacLean be given a reprimand to the effect that as to the fire aspects the plans be submitted as soon as possible, not be left to the tenants to submit plans and a much more greater effort be made on his part as to the fire hazard and the reports be made timely and in line with the suggestion that the City Attorney is going to make and that when his money is received, he pay immediately and not wait to balance comes in and thats it. 2-3-72 SP Clir 4 OF MIAMi DOCUMENT MEETING DATE: INDEX FEBRUARY 3, 1972 DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTIONCODE NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1 11. 12. 13. 14. 15. 16. 17. 18. 19. COMMISSION AGENDA & CITY CLERK REPORT (16 pgs.) ACCEPT BID - FIRE APPARATUS INSTALL "WALK -DON'T WALK" SIGNAL LIGHT ORANGE BOWL CONCESSION AGREEMENT - MIAMI DOLP- HINS PROPOSED LAW - A FEDERAL ANTI-RESESSION & FULL EMPLOYMENT LAW ADVERTISE FOR SEALED BIDS - S.E. 14 ST. HIGHWAY IMPROVEMNT H-4352 VARIANCE - LOTS 8 THRU 19, BLK. 2, N.W. CORNER WEST FLAGLER ST. & N.W. 42 AVE. DEFER CONFIRMATION R-43000 - JEFFERSON HIGHWAY IMPROVEMENT H-4350 CHANGE OF ZONING - LOTS 21 THRU 24, BLK. 2, NW CORNER N.W. MIAMI AVE. & N.W. 53 ST. CONDITIONAL USE - LOTS 5, 6, & 7, BLK. 103W, CORNER N.E. 2 ST. & N.E. 3 AVE. STREET CLOSURE - N.W. 11 ST. RD. & HIGHLAND RD. BETWEEN N.W. 14 ST. & E.-W. EXPRESSWAY GRANT APPROVAL - REMOVED OLD BUILDINGS AT FORME2 PORT OF MIAMI PARKING PROBLEMS - MOUNT ZION BAPTIST CHURCH, N.W. 9 ST. & 3 AVE. PUBLISH NOTICE OF SALE CERTIFICATES - DELINQU- ENT SPECIAL IMPROVEMENT ASSESSMENT LIENS GRANT EASEMENT FOR WATER MAIN - NEW FIRE STAT- ION No. 2 RIGHT OF WAY DEED - TWENTY -FOOT STRIP LAND - 22 AVE. - FIRE STATION No. 7 COMMERCIAL WASTE COLLECTION LICENSE - WASTE DISPOSAL CORPORATION COMMERCIAL WASTE COLLECTION LICENSE - UNITED SANITATION SERVICES INC. ALLOCATE FUNDS - MERRIE CHRISTMAS PARK - FENCE 1971 R-43188 R-43189 R-43190 R-43191 R-43192 WITHDRAWN R-43193 DISCUSSION DISCUSSION R-43196 R-43197 R-43199 R-43202 R-43203 R-43204 R-43205 R-43206 R-43207 0037 43188 43189 43190 43191 43192 0038 43193 0039 0040 43196 43197 43199 43202 43203 43204 43205 43206 43207 (COM'T NEXT" PAGE) ITEM NO. DOCUMENT IDENTIFICATION 20. 21. 22. 23. 24. 25. 26. 27. 28. •GRANT AGREEMENT - HUD PROJECT No. WS-FLA-248 ACCEPT BID - POLICEWOMAN'S SLACKS ACCEPT BID - VALUABLE PAPERS INSURANCE DADE COUNTY ASSUME RESPONSIBILITY - DERELICT VEHICLE DISPOSAL PROGRAM LEASE - DINNER KEY AUDITORIUM - GEORGE J. Mac LEAN APPOINT MEMBERS - MIAMI FOLK FESTIVAL COMMITTEE PUBLISH NOTICE OF SALE - SANITARY SEWER & HIGHWAY IMPROVEMENT BONDS SPECIAL ASSESSMENTS - LE JEUNE GARDENS SANITARY SEWER IMPROVEMENT SR-5315-C SPECIAL ASSESSMENTS - LE JEUNE GARDENS SANITARY SEWER IMPROVEMENT SR-5315-S DOCU 1 EN WN I lEX CONTINUED RETRIEVAL CODE NO. COMMISSION ACTION R-43208 R-43209 R-43210 R-43211 DISCUSSION R-43216 R-43217 R-43218 R-43219 43208 43209 43210 43211 0041 43216 43217 43218 43219