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HomeMy WebLinkAboutCC 1984-04-10 MinutesR op D�1�OQP OUT IED Vr OF MEETING HELD ON APRIL 10, 1984 (SPECIAL) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK s �t (SPECIAL)^ APRIL 10, 1984 SUPPORT EFFORT OF MIAMI INTERNATIONAL AIRPORT EXTENSION OF TIME REGARDING CONT114UED USE OF OLDER PLANES. DISCUSSION OF POSSIBLE JOINT MEETINGS WITH OTHER MUNICIPALITIES AND 14ETRO TO DISCUSS MATTERS OF MUTUAL INTEREST. HAITIAN REFUGEE CENTER FINANCIAL PROBLEMS. REQUEST CITY MANAGER TO FURNISH LIST OF FUNDS ALREADY EXPENDED DECLARE WEEK OF APRIL 5 - 11, 1984: "CUBAN MUNICIPALITIES IN EXILE WEEK". DISCUSSION ITEM: CONGRESS OF LATIN AMERICAN MUNICIPALITIES FORTHCOMING MEETING IN MIAMI. ANNOUNCEA;ENT: IRS. JAMES ROUSE TO VISIT MIAMI. ALLOCATE AMOUNT TO COVER RENTAL FEE OF COCONUT GROVE EMJIBITION CENTER FOR 1,11AIll INTERNATIONAL FOLK FESTIVAL. DISCUSSION: "MIIAMI CABLnIISION". t AUTHORIZE PAYMENT TO ATTORNEY GEORGE KNOX FOR LEGAL SERVICES RENDERED IN COINI�ECTION WITH FILES EXAMINATION OF FORMER CHIEF OF POLICE. PORT BRIDGE AGREEMENT WITH METROPOLITAN DADE COUNTY. COMMEND AND THANK CONGRESSMAN CLAUDE PEPPER FOR HIS EFFORTS IN CONNECTION WITH PROPOSED PORT OF MIAMI TUNNEL WATERFRONT BOARD APPOINTMENTS.(DEFERRED). MOTION OF INTENT TO RETAIN MS. ATHALIE RANGE AS A LOBBYIST FOR THE CITY OF MIAMI IN TALLAHASSEE. PAGE # I Pi NANCE OLUTION R-84-454 M-84-455 DISCUSSION M-84-456 DISCUSSION DISCUSSION I M-84-457 M-84-458 M-84-459 R-84-460 M-84-461 R-84-462 DISCUSSION M-84-463 1-3 4-6 6-7 7 7-8 8 8-9 9-45 45 46 47 47 48-51 MINUTES OF SPECIAL 14EETING CITY COMMISSION OF MIAMI, FLORIDA On the 10th day of April, 1984 the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in Special Ses�:ion. The meeting was called to order at 9:17 A.M. O'clock by Mayor Maurice A. Ferre with the following members of the Commission present: Commissioner Miller J. Dawkins Commissioner Joe Carollo * Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. ** Mayor Maurice A. Ferre * arrived 9:35 A.M. ALSO PRESENT: ** arrived 9:20 A.M. Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre, who then led those present in'a pledge of allegiance to the flag. ------------------------------------------------------------------------- 1• SUPPORT EFFORT OF 111A1,11. INTERNATIONAL AIRPORT EXTENSION OF T11111; REGA1_iDING C0NT11�'UED USE OF OLDER PLANES. Mayor Ferre: Good morning, Ladies & Gentlemen, this is a Special City of Miami Commission meeting, which is a continuation in part of the previous Commission meeting which ended up at 8:30, Thursday last in Allapattah. In addition, there are some other items which are a special call The first one is Number 3, Mr. Perez's and Mr. Plummer's, which is the easiest - in my memo to you of April 6th, which is a resolution dealing with critical airport business. This is a request of both Dick Judy and Hector Alcalde in Washington, asking us to pass a resolution as drafted.. Doec the Administration have any objections to this resolution? Basically all it does is it memorializes the City's position in support of our airport with a request for an extension for the Latin Airlines to use these older airplanes. Absent, that, we would in effect, by prohibiting Boeing 707's, 727 - 100, Convair 880, and DC8 from operating in our airport, we would almost cut in half the amount of traffic that would come into Miami International Airport, and thus create a severe economic impact in the airport, which is as you know, one of our main economic producers. All they are asking us to do as the City of Miami is join with Metropolitan Dade County to request that the F.A.A. take all this into consideration. Any problems with this that anybody is aware of? Mr. Plummer: k'hat is this? mai4rice, I briefly know what you are speaking of. I spoke with one of the airlines the other day, who are affected by this. Now, it is my understanding that these regulations pertain to noise. Is that correct? Mayor Ferre: Yes, what it is is this, 7. L. Bacl; 10 years ago, or whenever, the Federal I,vl atlon regul atloll agency Ittade a stateITlent that as of a certain date, certain airplanes would be prohibited from entering American airports. Lecadse, of the economic crisis for Z_.lace like Jamai- ca, Venezuela, uraz:il and so on. TO iml-.ose that at this time would mean that our airport would be curtailed and business would be cut in less than half, because Brost countries, I 1!lEan a cc)uytrl, like Joll, ica, for example, just simply does not have tl,e eccnolr�ic ability to buy more modern airplanes, so... ld 01 APR 10 1984 s >s _ Mr. Plummer: Well, but you see, that is where I think the rub is. I don't think it is so much that they have to buy new airplanes, is that most of them were to be modified. =! Mayor Ferre: If they don't have the money, the cost of it is so immense, that the Miami International Airport has requested that the City of Miami join Metropolitan Dade County in memorializing this for ' the F.A.R. kaow, you know, my personal opinion, and I told this to Hector Alcalde and to the other people at the airport, that you know, _ these guys pay as .much attention to our opinion as we usually pay to — theirs. If we get a resolution from somebody saying "do this and don't do that", you know, it is one person's opinion - one government's u opinion, but they seem to think that it is important in Washington that ff the City of Miami go on record. Metropolitan Dade County has done this, _ as you can see from the April 2nd letter of Hector Alcalde, who repre- sents the airport. It is self-explanatory. 48% of the Miami Interna- tional Airport's international cargo, valued at more than 1.2 billion dollars would be carried in airplanes that would not be permitted to fly into the airport. The loss of these vital services to 30 cities in the Caribbean and Latin America would immediately impact 6,000 jobs in — 1 our community. t Mr. Plummer: Would it? Mayor Ferre: Well, that is a question of opinion. Mr. Plummer: I mean, you know, if we are talking about sectional"ism, { they can't land anywhere else. Mayor Ferre: Yes, yes. What they will do, they will go by boat, or they will find other ways in solving their problem. There is no ques- tion that it would impact on Miami International Airport. Well, what do you want to do? lly reconuiiendation is that we be supportive of the a request of the Inter.nationa.l. Airport and pass this resolution. Mr. Plummer: It is only asking that consider, right? Mayor Ferre: ..."Be it further involved that the FAA and other agencies involved in the decision of whether to grant an exemption relating to A } MIA should consider..." i Mr. Plummer: Second the motion. t i Mayor Ferre:..."all pertinent factors should not prejudge the issue, and be it further resolved that the FAA and the Department of Transpor- tation should grant the request exemption to FAR 36 and FAR 91E for the international operations at MIA until January 1, 1988. Mr. Plummer: Second your motion. 5 Mayor Ferre: Demetrio moves, J. L. seconds. t Mr. Dawkins: Under discussion. There is a group called Noiseless _ Noise which is against the airplanes going over people's houses destroy- ing their tranquillity. In my neighborhood already wne the planes take off, the T. V. shudders, the windows vibrate, and what have ycu. I have - already signed up with a group called Noise to start protesting that the j takeoff runways come directly over my house. I am doing this as a pri- vate citizen, not as an elected official; therefore I don't mind this, I am for progress, but I would hope that they would think in terms of _ bringing this concord in over the Everglades, or in over the ocean, or someplace, because if they don't, I will be against this just like I was against the other. i Mayor Ferre: Are you ready? Mr. Plummer: All right, call the ro31. 02 APR 10 1984 ld 0 H, The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 84-454 A RESOLUTION SUPPORTING THE EFFORT OF MIAMI INTEW-ATION4L AIRPORT (MIA) AND THE DADE COUt7TY AVIATION DEPAR,7711ETTT TO SEEK A THREE YEAR EXEMP- TION FROM FEDERAL AVIATION REGULATIONS (FAR) 36 AND 91E M7TIL JANUARY 1, 1988; URGING THE FEDERAL AVIATION ADMINISTRATION (FAA) AND OTHER AGENCIES INVOLVED IN THE DECISION OF WHETHER TO GRANT AN EXEMPTION RELATING TO MIA TO CONSIDER ALL PERTI- NENT FACTORS AND TO GRANT THE REQUESTED EXEMPTION FROM FAR 36 AND 91E FOR INTERNATIONAL OPERATIONS AT MIA UNTIL JANUARY 1, 1968. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre ` NOES: None ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Dawkins: I vote "yes" only on the intent. Mayor Ferre: Miller, even though this is not Germaine to any of this, t as I understand the Concorde which comes in at 1:30 three times a week, must land from the Everglades area, no matter what the wind conditions are. As I understand, the airport reculations on the Concord is that it must come in over the Everclades and last from the west going east, no j matter what the wind conditions are, and that is the way it is as of now. I I want to tell you that I am doing this because I want to be friendly and cooperative with Metropolitan Dade County like you do, but I want — to tell you, one runway goes over your house. Guess where the other runway goes over. Mr. Plummer: Over your new house! - I Mayor Ferre: And not too far from yours and other members of... Mr. Plummer: Joe Carollo, Cesar Odio - hey, I want to tell you guys something! You should have been around when Nixon was President, be- cause I could tell you two hours before he arrived at Homestead... Mayor Ferre: I was too young to remember that! Mr. Plummer: They used to my T.V. tower as a turning point for Key. Biscayne. ld A0 VQ APR 101984 ------------------------------ ---------------------------------------- 2. DISCUSSION OF POSSIBLE JOINT MEETINGS WITH OTHER MUNICIPALITIES AND METRO TO DISCUSS MATTERS OF MUTUAL INTEREST. Mayor Ferre: The other I *.could hope, non -controversial matter is this question of the Dade municipalities. The other day, Miller, I was in Miami Beach on a another matter that was really not related to anything here, but I went to the Commission meeting while I was waiting and I listened to them talk, and they are not too different from us except that instead of having five people arguing with each other, they have got seven, but the dynamics is Fiery interesting there, but the thing that struct me was when I talked to the Mayor he said "You know, we hav got so many problems that we share in common, and we never talk." For example, one of the things, J. L., that they were worried about is whether or not we are going to be competing with them, and I told them the story of Kay Hollander and the Lions Club and what have you - and told them how anything that is good for Miami in the long run has got to be good for Miami Beach and vica versa, and that when they are in. pain and thcy have problems, we have problems. I think even though the League of Cities is supposed to serve that purpose, with the three largest cities in particular, which are Hialeah, Miami Beach and Coral Gables, that perhaps once a year, or once every two years, we ought to sit down and talk to them. For example, right now, Coral Gables is coming up with a master plan which is going to affect all of the $ird Road area, and I told the Mayor, I said "Don't you think you ought to consult with us a little bit?" He said, "Oh, we told Jack Luft". I said "No, no, not Jack Luft". I don't know if Jack is here - and with all due respects to Jack, I have nothing acainst Jack being consulted, but I think, this Commission is entitled to know. If they are going to be changing zoning, it is going to affect ... we are immediately adjacent to all of this, so I. think we ought to be privy to all of that -.and so, I said to him, "You know, maybe what we ought to do, is once a year, or once every two years, we ought to get our two Commissions and have a little joint session for an hour or two". I think we have enough things in common that we ought to do this on a —like I say, I don't know what cycle, or whether it should be once every two years, but once in a while, I think we ought to meet with this Commission. You know for example - let me give you another example, and please don't - I don't want the press to misread what I am saying about this. I am not saying that Coral Gables doesn't care about Black people, but I am going to say that there is a portion of Coral Gables which is next to Coconut Grove, which only goes about three or four blocks, where Black citizens live and throughout the years, we always get complaints that those people feel that they are left out, and maybe they are not, I am not here to pass judgment on that, but I am here to say that I find it totally unacceptable that if there is a fire, for example, in Black Grove that is in the Gables section, that one of our trucks won't go there, or if there is a need for the police, that a car that is cruising down one street will not cross that magic boundary into Coral Gables. Mr. Plummer: Well that's - where dial you hear that? Mayor Ferre: Well, I am saying that if obviously there is somebody in hot pursuit, or there is a crime being committed, they will cross over. Mr. Plummer: Mr. Mayor, we presently not only with the City of Coral Gables, but also with the City of Miami Beach, we have a mutual aid pact... Mayor Ferre: Oh, I understand that, J. L., but see, you are talking about when there is a fire, or when there is a crime committed. I am talking on a regular basis. Here is a car driving down Black Grove - when he gets to the Coral'Gables line, which is only three or four blocks, lie doesn't. continue. Now, the question is, I don't what the Gables patrol car ever comes into the Black Grove, but I understand that there are soNic concerns about that.. I an, riot saying that it is so - I am not accusing the Gables - I an, riot saying anything about that. All I am saying is, that we do have things to talk about. W11 Id APR , ©1984 , Mr. Plummer: I don't deny that. Mayor Ferre: So, therefore, what I would like to do is to ask the Administration to set up a meeting, and I don't care whether it is once every two years, Mr. Dawkins: Mr, Mayor, I agree with you, because I know, out there in Liberty City the City line stops in the middle of lath Avenue. I don't know ,how we dial that, and sometimes when there is a dispute, nobody wants to cross the other side of the street. The City of Miami doesn't want to go on that side and the County over here, and people stand over here fighting, and the police stand over here looking at it. Mayor Ferre: Are you talking about the police? Mr. Dawkins: Yes. Mayor Ferre: Well, they are not supposed to do that. Mr. Dawkins: I know! That is coming back to what you said, so instead of a regular meeting, and I am just like you - this is my personal opinion. I would like to see an all day workshop set up where the four municipalities, or whoever, could go to a hotel, and spend the whole day with lunch, and just talk about the common things that we have, common with each other. Mayor Ferre: Do you want to make that in the form of a motion? Mr. Dawkins: I make this to amend the Mayor's motion that instead of meeting here, that the Administrations get together and have an all day workshop, where the elected officials from the municipalities can come in and discuss issues that are common to us and see if we can't make the City more harmonious. Mayor Ferre: Is there a :�econd? Mr. Plummer: J'll second it if it is held in Las Vegas. (LAUGHTER) i Mr. Dawkins: No, no! Your friend told me you were going to bring it to the Grand Bahamas. Mr. Plummer: That is alright! I Mayor Ferre: Well, I think we ought to give the Administration free - dome of range to come back and recommend what the best approach to it is. It may be the thing to do is to let the Staff and the Administra- tion meet first and then set up a guideline, if you will, and an agenda of what we need to talk about that is of common interest. For example, Miami Beach may want to talk to us about how we operate these two convention centers, but Coral Gables could care less. I think we have got a lot of things to talk to Metro about, other than just the bridge. The only thing that we have ever sat down and talked about as a Commis- sion is that bridge. That is what they wanted! But, there are a lot of things that we want that we have never frankly discussed and I think it is time for us to do that. So, I thank you. Do we need to vote on that? Mr. Ongie: Yes. The following motion was introduced by Commissioner Dawkins, who moved its adoption. 5 The following motion was introduced by Commissioner Dawkins, who moved its adoption. MOTION No. 84-455 A MOTION INSTP.UCTIPIG THE CITY MANAGER TO CONTACT OFFICIALS OF KETR0POLITAN DADE COUNTY OF SUCH CITIES AS NJ-AMI PEAC€I, CITY OF HIALEAH, CITY OF MI MI SHORES, AND ANY OTHER MUNICIPALITIES CONTIG- UOUS TO THE BORDEP—P OF THE CITY OF MIAMI TO ARRANGE A MEETING, PREFERABLY IN A HOTEL/WORKSHOP TYPE OF A SETTING, TO INCLUDE LUNCHEON, IN ORDER TO DISCUSS MATTERS OF MUTUAL INTEREST, AND TO POSSIBLY C014SIDER IN THE FUTURE A JOINT METING WITH ELECTIVE OFFICIALS OF THESE RESPECTIVE MUNICIPALITIES TO REVIEW MATTERS OF MUTUAL CONCERN. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner_ Joe Carollo ON ROLL CI+LL : Mr. Perez: I vote "yes" and I want to point out that I think that it is very healthy for this community to have this kind of meeting. I think that would be a great forum to try to interchange ideas, to try to find col.utions and to try to promote a better understanding between all of our municipalities. I think it would be very healthy for this community and I vote "yes". 3. HAITIAN REFUGEE CENTER FINANCIAL PROBLE14S. REQUEST CITY MANAGER TO FURNISH LIST OF FUNDS ALREADY EXPENDED. ---------------------------------------------------------------------- Mayor Ferre: The Haitian Refugee Center, as you saw in this morning's paper is in financial trouble. Mr. Acting Manager, I would like to ask the Administration to immediately submit to this Commission, and therefore to the public a memorandum updating what amounts of money the City of Miami is expending in the Haitian community and earmark it both from its source, whether it is Federal, State, Local, how much we are expending, who it is going to and what programs _,nd I would like to also show him that memorandum - how that has been increasing over the past two or three years, because I know that this Commission has been spending more and more money in the Haitian community, and I think we need to document that properly. Secondly, and that includes the Legal Department, even though I think there is that much we do in the Haitian community, but, if anything. Then comes the question of the Haitian Refugee Center. Obviously you don't have an answer, but it is a question that is being asked in the community and I would like to formally ask the Administration to look at the Haitian Refugee Center and report back to us at the meeting on the 26th. If there is anything that the. Administration feels that can be done to help these people. Mr. Dawkins: I agree - I agree totally. Mayor Ferre: As you know, we fund HACAD; we also fund Jacque Despinose' operation. We have also helped the... Mr. Plummer: The Carnival. Id 06 APR 101984 Mayor Fenyi p _ Othez:s. ,i-1 r-. e1- m.,1Tj t.h1r"5- =hnt >, r! 0,n a.r ,., j7a t .ter, Cc tnity, but F:® ite^C_ ^ bent: �a" i.t; iq ,-h-a4 an y. r?r�.7. U, '','-'i .1 t.t7i.nk 47e also need to 7.r,ok at the N ti.a.ri tefilr3e- C-nt:r�, Mr. PIumm,�r: WA1.1., yC>Ll 11.eQ, PiY. P1a.�tnYr, .7'4� r031S1.clerina al.1, of the Federal. money - the li.ttl.e over a raiIIi.on 6o1,1.ars.., Mayor Ferre: Everything? Mr. Plummer: .... of entrant impact - the money that was from the Federal crJvern_ nt. !Mayor Ferre: I Frould like an accokmting of the whole thing. How much money are we In)tting into the Haitian community - directly and indirectly - our. funds, Federal funds, State funds, whatever. ---------------------------------------------------------------------- 4. DECLARE WEEK OF APRIL 5 - 11, 1984 CUBAN MUNICIPALITIES IN EXILE WEEK. --------------------------------------- -for- Perez: Do we have any opportunity for a pocket item? Mayor Ferre: Sure. Mr. Perez: I would like to present a formal resolution o declare the week from April 5th to llth as the week of theCuban Municipalities in Miami - a resolution similar to the one that was approved by the Florida House this week and appeared in the Miami Herald today, recognizing the 23 years of service of the Cuban Municipalities to this community. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption. MOTION 140. 64-456 A MOTION DECL7-RING THE ITZEK OF Ai'RIL 6T]i THROUGH THE 11711 AS T11E "CUBAN 1-UNICIPALITIES IN EXILE WEEK" IN RECOGNITION OF THEIR DISTINGUISHED SERVICE AND DEDICATION TO THE COMMUNITY FOR THE LAST 23 YEARS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None S. DISCUSSION ITEM: CONGRESS OF LATIN e.MERICAN MUNICIPALITIES FORTHCOMING MEETING IN MIAMI. ---------------------------------------------------------------------- Mr. Perez: The only thing, Mr. Mayor that I want to let be known in the record that tomorrow we will have here about 350 delegates from 20 countries by the Congress of Latin American Municipalities, as sponsored by our City, Dade County and the City of Miami Beach, and I would like to state on the record all the members of this Commission have received a letter in advance with all the information and all the parts of the whole program where the City has the proper credits and that all the utembers feel free to take part of the whole program that I an leaving this morning. Mayor Ferre: Okay, let me'congrat.ulate you, Vice -Mayor for I know the many, many hours of work that you and your staff and associates put into making this a success. I've got to tell you frankly that I was surprised, traveling in Latin Ainerica, how many people talked to me about the last year's and how they were looking fox -ward to coining to Miami this year, so 1 think it does a lot to make Miami a center for inter -governments! exchange between Latin Pinerican cities and Caribbean 07 APR 10 1984 cities in Miami. And I think the fact that you have 350 participants representing 20 countries... - Mr. Perez: We have all of Latin America except Drazil. it is very s strange that ure have not received in answer from Brazil, Uruguay, and Bolivia.. We have representation from all of the other countries, _# and especially from the Caribbean area. ---------------------------------------------------------------------- 5.1 ANNOiJN=:,NT MR. JI#i >S ROUSE TO VISIT MIAMI. Mayor Ferre: I would also like to inform the Commission that Mr. James Rouse (the Mr. Rouse) will be in Miami on Saturday to address the work session of the Downtown Development Annual Retreat that will be held at the Pavillion. The meeting actually will be at the D.D.A., but the luncheon will be at the Pavillion across the street. You are of course, all welcome to come and share any part of the program which begins Friday afternoon at 2:00 P.M. That evening Howard Gary will be the main speaker about the urban growth of Miami and on Saturday at 12:30 P.M. there will be a luncheon for Mr. Rouse who is flying down from Baltimore -lust for this occasion. ---------------------------------------------------------------------- 6. ALLOCATE AMOUNT TO COVER RENTAL FEE: COCONUT GROVE EXHIBITION CENTER. MIAMI INTERNATIONAL FOLK FESTIVAL. Mr. Pluxmler: I �-_m rrmancd t.11at I have to make this resolution, but I guess I live to. The International folk restival, which is sponsored by the City of: t:?.r-lili, is inforTnel3 that it is necessarl' that they must have a resolution from this Commi.ssior:, officially waiving the fees of the audi.toriuri ncxL door for June 8, 9 and 10. It ,eems like the left hand doesn't }:.r,aw the right hand that it is a City sponsored event and in compliance with the bureaucracy and necessary paperwork, I would move that this City waive for its own use the auditorium for those three days. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Call the roll. Mr. Garcia -Pedrosa: Is that Bayfront Auditorium? Mr. Plummer: For the record, it is the Exhibition Center next door. Mayor Ferre: The Coconut Grove Exhibition Center. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 140. 84-457 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT SUFFICIENT TO COVER RENTAL COSTS OF THE COCONUT GROVE EXHIBITION CENTER ON JUNE 8, 9 AND 10, 1984 FOR USE BY THE CITY OF MIAMI IN CONNECTION WITH THE "M1AMI INTERNATIONAL FESTIVAL" EVENT. Upon being seconded by Commmissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plununer, Jr. Vice -Mayor Demetrio Perez, Jr. Mavor Maurice A. Ferre NOES: None ld w 1 APR 10 1984 11 147 7. DISCUSSION: MIA41 CABLEV7_SION, ---------------------------------------------------------------------- Mayor Ferre: All right, we are on Miami Cable Television. Mr. Acting Manager? Mr. Randy Rosencrantz: Mr. Mayor, at the last meeting of the City Commission, it was determined that you would meet again today in an attempt to resolve the issue that separates the cable television company from the Administration in meeting a compromise on the is- sues. You have before you a memorandum from Mr. Gary which clearly outlined what the Administration's position on this issue is. If you noticed, at the bottom of the first page of that memorandum, I think we have very clearly articulated what the conditions of the agreement should be. Mayor Ferre: All right, Senator. Sen. Ken Myers: Mr. Mayor, I am pleased to announce that the motion picture academy has awarded the cable construction saga the oscar for the longest drawn out war documentary of 1984. We hope that this is the last series of that event. Mr. Plummer: That is not true! For '84, '83, '82, '81... Sen. Myers: tir. !.4yor and mer-Lers of. the Commission, based on some suggestions for a cernproli.i c between the company and the Staff's position, ill v,hich Comn.i.s.sioner Plummer has hc:,d a good input and Commissioner Daw)::.11s and othCrs, as well as the City Mallager In part of the structure of it. 1',c have made a summary of that pro- posal., the compromise PY01)a5al , whic leas put on your desk a little while <:7.90. I have some extra.: copies for you if you wish them now. Mr. Rosencrantz: May we have a copy of that. Sen. Myers: The first to pages are simply background facts - a two page summary of what already been debated time and again before this Commission in evidence and testimony. The meat of the proposee, settlement begins on Page 3, and is Page 3 and 4. "A" is the suggestion of... Mr. Carollo: Excuse me. Counselor, can you possibly give us two minutes to read this briefly before you proceed? Sen. Myers: Absolutely. Mr. Carollo: I would appreciate it - thank you. Mayor Ferre: Sue, have you read this? Ms. Sue Smoller: No, I have not. Mayor Ferre: Are you doing it now? Ms. Smoller: I am reading it right now. Mr. Plummer: Let me ask a question, if I may, Mr. Mayor, it is not directly revelent to the .subject. Ms. Smoller, I have in front of me, I assume which is copied from the budget, the total operating expense of your Department, and I guess the question I want to ask first if these numbers are correct, then in 1983, 1984 budget, you are proposed for a total of $644,981 and it also shows that you have 13 full time employees? Ms. Smoller: That is not correct. Im APR 10 1984 ld U Mr. Plummer: All right, will you correct that for me, please? Ms. Smoller: There is myself...as far as the proposed employees, that is correct, as I recall. But right now, the Staff consists of eight people. Mr. Pluumorner.: Well, .last year it showed that you had nine employees. Ms. Smoller: No, that is not correct. Mr. Plummer: Well, I am reading from the budget. Ms. Smoller: Yes. Mr. Plummer: Excuse me, so I don't get misled - what is an M.F.? Ms. Smoller: That is partly funded. Mr. Plummer: Multiple funding? Ms. Smoller: Yes. Mr. Garcia -Pedrosa: What that is, Commissioner Plummer is that a member of my staff, who is assigned to cable is multiple funded out of that budget. Mr. Plummer: In other words... V. Mr. Garcia -Pedrosa: Both budgets, that is correct. Ms. Smoller: That is correct, and similarly, with Intergovernmental Affairs - there are staff members in Intergovernmemtal Affairs that are partially funClec7 by the Cable T. V. budget. ® Mr. Pluwiier.: 7: ha(3. as} ed Sor- one further document, which I don't e find, and that doct��rnt: iF�, the izc i: >unof money that Metropolitan Dade County ,>pc lids in their- I i.kr: of Cabl.evision - I don't find that here cai.th thr_sc documcnt s; Ms. Smoller: Commissioner. Plummer_, I was not aware that you had requested that. The amount that Dade County spends is slightly different in that I would expect it to be less, and the reason I would expect it to be less is that their duties by ordinance are less than those duties and responsibilities are under the City of Miami ordinance. Mr. Plummer: Okay, but here again, the only way I can determine how much less is to have their budget before me as I have yours to be able to draw a fair comparison. Ms. Smoller: If I had been aware of that request, I would have furnished it to you. Mr. Plummer: All right, well you can give it to me. Mr. Rosencrantz: You want what Metro spends? Mr. Plummer: I want, in other words, a comparison. We know, accord- ing to this, and verified by Ms. Smoller that the City of Miami will have 13 full time employees this year - 4 multiple funded for a total of 17, and proposed to spend $644,9Bl. Now, that is.... Ms. Smoller: Conuni.ssioner Plununer, there is not an eauivalent correspondent between us, to go back to Dade County. Again, also, under the plans of what the City of Miami has projected, for example, the revenues that come in from the Cable television franchises within the County, a certain percentage of them are given to programing. Similarly, that will occur here within the City of Miami, in fact we are starting the second half of this fiscal year, and will be acquir- ing staff. Our staff is reflected in the budget. It would not be reflected in the Dade County budget. Id 10 APR 101984 Mr. Plummer: Well, it would 'seem logical that the County has a division or department which admi.nistex's cable T.V. They have their own fra.nchisas which they have in the County in a like way of what we would say is thei_r providing municipal type servicr:s, and all I am asking is, of the County, that department i,,hi.ch addresses cable T.V., I would like to see a copy of that budget so I can draw an analysis. Ms. Smoller: We will be glad to furnish it to you. Mr. Plummer: T� t me just ask one other question. It shows last year, or actually, for the past two years, $468,425 as amended. Is that a correct figure for last year? Ms. Smoller: I don't have last year's budget in front of me. Mr. Plummer: I am looking at the budget sheet. Ms. Smoller: I assume it is correct, sir. Mr. Plummer: You had nine full time and four M. F.'s. Ms. Smoller: That, I am sure, was the projected budget that you are reading from. I don't think it was the .final one. As I re- call during last fiscal year, there were basically for most of the year, one Cable T.V. staff person, and four or five M.F. - you know, multi funded position. Mr. Plummer: Okay, more important - is the dollar amount correct? Ms. Smoller: I believe it is, sir. Mr. Rosencrantz: t`.r. Aluyor, We have taken a look at the documents submitted by Air-. Alyers . it appears on the early review that on Item "A" that that i.s compatible to what the Administration had suggested and would agree to. Mr. Plummer.: Item "A Mr. Rosencrantz: Yes. on the document submitted by Mr. Myers, on Page 3. Mr. Carollo: Excuse me, is the City Manager in here today? MR. Rosencrantz: No, he will be coming along as soon as he can. On Item "B" there is a basic disagreement with this. What the City Manager would like to see put into the agreement is a provision that it be easily identifiable and easily enforceable, and what we are suggesting there that there not be a dollar cap in reference to the work to be done in Item "B", but instead that the cap be on a mileage basis. The reason for the mileage basis is simply that it is very easy for us to verify how many miles of work is accomplished. If we start to verify the number of dollars, it could get into very questionable areas. The City Manager's observation that we have to develop an agreement that is enforceable, that does not create addi- tional conflict, and we think that by facing the amount of work to be accomplished in the inspection section on the number of miles of steets would be something very easy to identify and is very easy to enforce. If you want further discussion on Item "B", Mrs. Smoller would give you additional details on that if you have some particular questions about some of the applications of the City Manager's posture on that. Mr. Plunmer: You want us to ask questions? Mr. Rosencrantz: If you have any, yes. i Mr. Plummer: Mrs. I have in my ... all of these documents and I think I have too m--ny of them, really - I have here a document by the City - a first document which shows a total cost of $3,380,000. The then adjusted comes out to $5,218,460 - yet I read in the City Manager's memorandum that he is showing, based on the per mile cost and the company's contract with its construction sub -contractor, the ld a City estimates the total cost of the modifications over. 13 years to be $3,400,000., $1,300,000 to clean up the plus, $2,080,000 to modify the plan at an average rate miles per. year. Now, I don't know which set of figures The first set of figures on this Page 7, Comparison of Company Cost estimates -v it shows here $3,380,000, then out to $5, 218,460, but i f I an, reacting correctly, that by the Manager 3.4 total.. the next 75 miles of 10 to use. City/ adjusted estimated Ms. Smoller: Would you like me to explain the difference between the figures, sir. Mr. Plummer: Yes. Ms. Smoller: And how they developed. Mr. Plummer: I guess I will have to, to do it, since it is his memorandum, have to get you to do it. Mayor Ferre: You wrote it. but I would prefer the Manager but he is not here, so we will Mr. Plummer: What? Mayor Ferre: She wrote it, she wrote the memorandum. Mr. Plummer: Well, okay. ,.. Mr. Rosencrantz: She will explain it. Mr. Plummer: I guess the real question that I am asking is the memorandum is dated April 9th, where this sheet is dated ... no date - I an assuming the Arril 9th (yesterday) that the bottom line of the 3.4 is \rhtat they Manager is projecting. Ms. Smaller: Let me grace very briefly the history. The first figure, the $3,380,000 uses the City estimate of the mileage, plus our cost estimate that was based on the only figures that were available to us at that time, which was the current turn key sub- contractor cost per mile. During the meetings with the company, subsequent to your directions that negotiations take place, we met with the company, its staff and the consultants to the company. At that time we learned that the cost that we were applying was no longer correct, that a new contract would have to be negotiated and that was given to us at a higher cost per mile. That cost is reflected in the two left hand columns that say "Company Cost per mile". That is using the new figures that was supplied to us by the compaaiy. So, what you get, in looking over in the columns, reading from left to right - the first column is what the company mileage, plus the company's cost estimate was. The total was for $15,000,000 total. The second column is using the City's mileage, which is tl`e 75 miles and the loth mile per year as the new figure that the company gave us for costs. That is where you get to the 6.9. The 3.3 was using the old figures and the City mileage adjusted is sort of adling on 10% for increase in inflation. We estimate, sir, that the cost would be somewhere between the 6.9 and 5.2, given the increase in cost that the company has given us, which we didn't have access tc before. Mr. Plummer: Ms. Smoller, let me ask you this question and I think this is really one of fh e- ':�_y questions. It is my understanding that in the negotiations, there has never been any misunderstanding between the City and the company as to the final wrapup would be done. Ms. Smoller: Our understanding, sir, to the best of my knowledge, and the meetings that I was a participant in, was that there was agreement on the 75 miles to be dug during the next year, and the 10 miles of streets to be done each year thereafter, and anything over that of streets that are improved would be done in the last year of the franchise., 13 years from now. JL& ld APR 101984 l' °t Mr. Plummer: Once again, there was never any disagreement between the City and the company as to the 13th year that the matter would be done and complete. Was there ever any disagreement on that? Ms. smoller: No, I don't believe so. Mr. Plummer: okay, so 4Ihat we are really looking at is, that if one area, the City and the company are in ,agreement on, that in the 13th year the project will be done and complete. Ms. Smoller: That is our understanding. Mr. Plummer: Is that the company's understanding? Mr. Rosencrantz: This a proposal that Kenneth came up ith this morning on Item."A" that is consistent with our Item "A". Right now we are talking about Item "B" and I pointed out that you were interested in-------------- Sen. Myers: Either the 13th or the 15th year, but what you say is essentially correct. It was never a disagreement that it would eventually get done at the end of the franchise - all of the work.: Ms. Smoller: It would have to be because the company would not be authorized to continue beyond that. The City Highway Improvement Project would continue obviously, past that, but the licensee's obligation would only be for the length of their license. Mr. Plummer: Well, but we are speaking of two years before their franchise is over, they would, in fact, pick up any accumulative work that vas not done and be done in the 13th year, or in the final two years. Sen. Myers: Their proposal was in the final year of the franchise, 1996, that was set for the 13th year, that is how much it has left, we would do all the work. Mr. Pliunmer: Okay, let me come at it differently and I think this is the key point. Before your franchise is over, the work would be done. Sen. Myers: Yes. Mayor Ferre: Another question? Mr. Plummer: No, not in relation to that. Mr. Dawkins: Yes, sir, I have some. Counselor, on Page 3.B, what does $300,000 per year for Public Works projects mean? Let me go on record by saying I have reached the conclusion that it is senseless to sit up here and argue against this. It is going to pass. I am not arguing About it. but these are concerns I have that I need answered for me and I am not being controversial or anything. Now, what does the $300,000 per year for Public Works projects mean? Sen. Myers: The way that is currently worded, the intent of the company was to live within its cash flow of $300,000 for any Public Works Rehab or street improvement project - for Public Works project, that the City is talking about over the 13 years of the franchise. What we have been directing ourselves here to is the street improve- ments and rehab. Mr. Dawkins: Is this streets that you have torn up and you rehab, or is this a public project that you are doing for this City of Miami for it's being generous enough to have given you the franchise or what is it? Sen. Myers: I discussed this with the company and they intended by this language to mean all public works projects each year, including cross avers. Yes, I understand what he means. (INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Id 13 APR 10 1984 0 Sen. Myers: No, no. It is what the City of Miami is mandating for that year - Public Works projects. Mr. Dawkins: Okay, Counselor, do me a favor. Break this down in layman's language, so I can understand. Now, I am going to ask you, please sir, in layman's language and please don't tell me what the wording here says. Try to help me understand it as a lay- man. Sen. Myers: Yes, sir. Mr. Dawkins: As a layman, I see where this company is committed to spend $300,000 per year on Public Works projects. Now, to me that could be a park, that could be roads to the park, or not. Or, is this Public Works roads that they tore up while they were putting down their cable, or what is? Now, what is it, and how does it benefit the City, and why? Sen. Myers: If the City does any street improvement project work - we are talking about the City side, only. We are talking. about what the City does. Mr. Dawkins: You know what the best thing you can do is, because see I am already angry enough with you to snatch the contract - so now, the best thing for me and you to do is not have anything to say. See, because I can talk to your attorney, but I don't have anything to say to you, and I don't care who knows it, okay? Now, go ahead, Counselor, sir. Sen. l,yers: The v ord Public Forks projects, Commissioner Dawkins, is meant to �pply to i;hat the Cite does on its side of the fence, not what the cable company does. If the City is mandating street improvements, vi(aeninq of your right of: gays on the side - telephone or electric poles have to be riovcd back, 25 feet: or ,.hat.ever it is. When t}7iFt haze}Cn , CciOl1C CC%Tlipa1)_>> }]uS to F(1�`vC �t:a equipment Off those poles and also move its ti-.Jres and plants b,:ack. That a: part of it, that is the rehabing that has been going on in these street improve- ment projects. it also includes the cross over modifications that Public Works and the City f•.anager's staff %,,,ants. And it also inc- cludes any kind of project the City mandates, like a fire station is going to be built, you have to move your cable plans to follow the telephone poles moved 10 feet out of the way of the fire station. This involves that. I've asked the company what those type of things could include, and they tell me that you are only talking about from $30,000 to $40,000, maybe $50,000 a year for the rehabing part, the moving of the equipment on the poles back to the right-of- way and so forth. The rehabing part that is required in by the Public Works Department Street Improvement is a fairly negligible part of this whole thing. To try to answer what I think you are asking, the bulk of the $300,000 is going to the modification of the cross over. Mr. Dawkins: Okay, that's right, and nothing for the City. You see, okay...I was under the impression which I see that I am wrong - we do not have the funds that we have constantly had to rehab our streets, put in sidewalks and what have you, so to me, whoever wrote this, if I had written it, would have meant that on those streets where you are working and we happen not to have gutters, where we happen not to have sidewalks, and my Public Works Department decides that he needs $300,000 worth of work to do it, it would appear to me but see, I am a layman from reading, this, that it what it is say- ing. But, I hear you saying that legalisticly, we have written this to be damn sure that that is not what this means and we have also written this to say that we put $300,000 down here sir, but you can beat your sweet life we are not going to spend but $40,000. So, I am finished with that now, let iTie go to the other. I am through with that. Let me go, Sal, to "C" on Page 4. what is $50,000? 14 APR 101984 Id Sen. Myers: The company has estimated what it is going to cost to fully and satisfactorily equip a local origination program in the studio. They feel it can be fully and luxuriously equipped for this amount of money. Mr. Dawkins: Did those people in my office bring me the list that Mr. George Knox brought here? All right, Mr. City Attorney, what is this I have in arry hand? Sen. Myers: George Knox? Mr. Dawkins: No, it wasn't. Who defended you when they were fighting against you, thFt. is the one I mean. Whatever City Attorney defended you when you had your case - not George Knox. Mr. Carollo: You mean Bob Shevin? Mr. Dawkins: Yes. Mr. Carollo: He wasn't the City.Attorney at the time. Mr. Dawkins: Well, he is now. Mr. Pedrosa, sir, would you tell me what this is? I don't need this George. ,.. Mr. Dawkins: I need it from this gentlemen sir. Thank you. What does that say? Mr. Carollo: How did Bob Shevin get into this? Mr. Dawkins: You Drought him in. Air. Garcia -Pedrosa: : This looks Like a copy of Ordinance Number 3223?...CaJ-A.c Television License Ordinance. Mr. Dawkins: is an ordinance? Explain to me sir, the signi- ficance of an ordinance and how we get into ordinances and what it is about, and what are the legal ramifications of it, sir? Mr. Garcia -Pedrosa: Yes, let me confirm that that is Ordinance 9332. You are looking at Pages 11 and 12 of its codification, and that was, Commissioner Dawkins, the law, if you will, by virtue of which the City of Miami awarded the cable license to the licensee and specified the terms and conditons of it. Mr. Dawkins: So, this is law? Mr. Garcia -Pedrosa: The ordinances of the City of Miami have the force of law, yes, sir. Mr. Dawkins: In order to change this law, what would you have to do? Mr. Garcia -Pedrosa: We would have to amend the ordinance. Mr. Dawkins: Amend the ordinance - now Counselor, sir, I am going to read to you from what he just said is the law. "Section 403, Support For Public Access and Institutional Uses. A. During the term of this license, in addition to contributing pursuant to Subsection B of this section, and Section 05 of this ordinance, the licensee shall coirLnit at least $2,OD0,000 for the purpose of providing the facilities and equipment and at least $1,00D,000 for an annual operating budget starting in the 3rd year after the effective date of this ordinance to permit full utilization of the access channels capacity of the system by the pia—blic, the City, its a6ericie.s and depart- ments and similar organizations through the access channels and the institutional cables, the licensee agrees that if dollar commitments for these purl:oses shall be used to 15 APR 10 1984 ld H 13 (again, the law) establish, equip, and maintain at least three broadcast quality assessed program and editing facilities, one of each, which is located in predominantly Hispanic population area of this City and one of which is located in the predominantly Black population area of this City and at least one electronic theatre production and electronic news gathering mobile unit of originating power at major points throughout the system." That is the law! And now this gentlemen tells me that he is going to give $50,000 to do... Sen. Myers: In addition to what you just read. Mr. Dawkins: Okay, what was the date of this agreement? What was the date you signed the agreement with them? Mr. Garcia -Pedrosa: It was passed and adopted on October 19, 1981. Mr. Dawkins: October, 1981? October, 1982 is one year. October, 1983 is one year. We are almost into October, 1984. Ground has not been broken, and this has not been done. Sen. Myers: Commissioner, this is the Public Access channel that belongs to the City of Miami. We have committed to commit ,.. that $2,000,000. We are not talking about a minority local origi- nation programing studio, which is in existence. We ate committed to what you just read. Mr. Dawkins: Counselor, no, no. That is beautiful, okay? I have been here. 1. h,ve heard you and other counselors for this gentle- men come before and tell. me about your commitment, and I have yet to see commitment come to power. !dov,, if you want me to read it again, noG-. - it says $3,000,000 and it would equip, establish and maintain - that: means build - three broadcast: quality access programs, one which would be in the Latin neighborhood, one in the Black neigh- borhood and one mobile one. Now, have you acquired the land to do that? Sen. Myers: The City is studying that time table. They just asked us for the first installment... Mr. Dawkins: See, but... Sen. Myers: Can I complete this? Mr. Dawkins: Yes, I'm sorry - go ahead. Sen. Myers: I understand, because I want to fully inform you of your thoughts here. The City is studying the time table on their own public access. They have just asked us for the first install- ment of $200,000. They just created their corporation. They just organized thie corporation a month or two ago. We paid them their $200,000 installment that they just asked for. They naturally don't want to do a startup until the company is well on its way in customers, because there is nothing to have a public access to, but we are following the City's time table on their own public access progrannning. This is the City. This has nothing to do with what we are offering this morning, There will be Black public access, a Latin public access through this City of Miami public access pro- gramming, but in addition to that - in addition to that, there is a Black local origination channel program solely run by them with their studio in addition to these studios that we are agreeing to provide and provide with the necessary local origination programing equipment. We don't have that obligation now... In addition to what you have read. 16 APR 10 1984 Id Mr. Dawkins: All right, I must say this and I will let you finish. This is law. This is amendments and evasive issues that your client has used to circumvent this law. Sen. Myers: No, sir, I don't... Mr. Dawkins: Yes, sir! Well, okay, in my personal opinion. My personal opinion is that this ,is where your client has used this to evade what was put in here and passed, and in what my staff found to be in violation of this and you have successfully come before this Commission and gotten it to be okayed, therefore, this too could very easily...the $3,000,000, will never see the light! Thank you, I am finished with it and you may vote. Go right ahead, Mr. Manager. Sen. Myers: I respectfully disagree. Mayor Ferre: Wait, wait, Counselor. For the record, and on behalf of your client, Section 402, Cable Television License Ordinance - 403, Sup- port For Public Access and Institutional Uses, Page 11 and 12 that the Commission has been reading from ... Are you stating into the record on behalf of your client that Items "A", 1 through 6, and Items "B", the full Section 403 is in effect and you recognize its validity legally? Sen. Myers: Yes. Mayor Ferre: The three years, of course, does not begin until October 1, 1984. 1 Sen. Myers: I think that is correct. There is a question of when the franchise begain, but let's assume that is correct. Mayor Ferre: But, the point, into the record is that your client is still contmit.tcd to the expenditure of $2,000,000 for the purposes of providing facilities and couipment and at least $1,000,000 for an annual operating budget starting in the this-d year after October, 1981. 1982 is the first, 3.983 is the sccond, 3.984 i,� the third - the third year after, so as of October, 3.954, you wi3_l. 1.)e committcd to the c:;p nditure Of $1,000,000 for annual Operating budget, Starting the third year after the effective date of this ordinance to permit full util.i..ation of the access channel capacity, the system, by the public and specifically, one which will be in an area that will in an area that will be predominantly Black, one that will be predominantly Hispanic, and one electronic field production - electronic news gathering mobile unit. Sen. Myers: Yes, and that is in addition to the lease of a minority channel for the Black local origination program. Mayor Ferre: This $50,000, this $50,000 item that you come up with here in Item "C", where did that come from? Sen. Myers: There was a suggestion by Commissioner Plummer to Mr. Her- manowski, which lie originally turned down, that in lieu of a penalty, he should agree some kind of compensation for minority programs. Mayor Ferre: Okay - in addition, the $2,000,000 to be expended in the facilities and the $1,000,000 starting after the third year - in addi- tion to, okay. So in other words, what you are saying is that in addi- tion to that, you want to add $50,000... Sen. Myers: tact to public access, but to... Mayor Ferre:.... to the Black local organization. Sen. Myers: Their own leased channel -- their owned leased channel. Mayor Ferre: I've got you, all right, I understand the situation. Mr. Dawkins: Instead of checking with Dawkins to see what we wanted, you know Id 17 APR 10 1984 Mr. Plummer: Let me clarify the record. Mr. Carollo: Excuse me, Commissioner Plummer... Sen. Myers: I want to say...just a minute, Commissioner Dawkins, because Commissioner Dawkins did have some imput into this before he walked out upset - he did have some input into this. (INAUDIBLE BACKGROUND C014MENTS) Sen. Myers: He expressed some concern that he felt that the Black local origination programming channel was not gE�.;ting their fair share and Mr. Hermanowski, after much discussion, which he originally disagreed with because he has no obligation to the other programs. Mayor Ferre: All right, Georgia, do you want to say something? Mr. Carollo: Excuse me, Mr. Mayor, Mr. Plummer - is there a leased Hispanic channel also? Sen. Myers: Yes, there is. Mr. Plummer: Presently existing, not to my knowledge. Mr. Carollo: Well, he just said "yes", so... Sen. Myers: Yes. Mr. Carollo:.,..don't you think that they should be entitled to some of that money also? I mean, you want to be fair all around, don't you? Mr. Plummer: Mr. Carollo, let me say to you, and I want to clarify the record - in my meeting with Mr. Heinnanowski, it was not proposed by me - there was looking to an area of compromise, the same area in which the Manager was trying to find an area of compromise. 11hat I suggested that might be considered with an area of: compromise was to minorities. It was Mr. Hermano%.rski who felt that the greatest need at that time was in the Black and why he proposed that, that was not my wording. My wording was to minorities. Sen. Myers: I apologize for putting wording in your mouth. That is correct, Commissioner Plummer. To answer Commissioner Carollo for a second, the Latin channel, I believe has already made provisions for their equipment. They either have it - they are on the air now. They are on from 5:00 P.M. to 11:00 P.M. and they have an equipped studio, but the Black origination programming has not gotten off the ground yet... Mr. Carollo: Who are the people that are the owners of the Black origi- nation channel? What are the companies involved working with this? Sen. Myers:...they picked up the proposal. Georgia Jones Ayres is head of the outfit. Athalie Range, Garth Reeves, Joshua High and Senator Meek. Ms. Georgia Ayres: If they would address me, I could speak for that station better than anyone else can. Mr. Carollo: Georgia? Ms. Ayres: Yes. sir. Mr. Carollo: Is this the same group, or the same firm that was working with George Greene, is this separate? Ms. Ayres: No, sir. When the five cable companies first applied, there were only five Blacks throughout the entire five companies that were applying. We made an agreement that whichever company that was accepted by the City Commission, those,Blacks could work together. It so happens that T.C.I. went into the marriage with Americable. I fulfilled my agree- ment with Mrs. Range, Garth Reeves and Senator Meek and brought them into my company, which is Magic City Communications, Inc. is APR 101984 ld Mr. Carollo: Magic City Communications, Inc. Were you the original stock- holder? Ms. Ayres: There are only two Blacks who are original stockholders with this marriage - that is Americable and T.C.I. That is Joshua High and Georgia Jones Ayres. Mr. Carollo: And you two were the original. office holders also? Ms. Ayres: Yes, we still are office holders on the Board of Directors with T.C.I. Mr. Carollo: Okay, now,, somebody here explain it to me - where does the other group that George Greene represents, come from? I am a little mixed up. Sen. Myers: There was some litigation with George Greene, and there was a settlement and he is now out. He does not have the leased channel. It is Georgq Jones Ayres' group that has the leased channel. Mr. Carollo: That has cleared up some of the air for me - thank you. Mr. Plummer: Let me get back to one point. It was my understanding, and I assume it is still my understanding - this $300,000 that is proposed by the company is to address the cross -over problem. That is my understand- ing. Mr. Gary, is that your understanding? Mr. Gary: That is correct. Mr. Plummer: It is not for any other Public Works projects? Mr. Gary: No. Sen. Myers: That was their proposal. The way it is proposed here was that the $300,000 be applied to the cross-overs, which it will be sub- stantially applied to, plus rehab on the street improvements that are _ required. That is t;r. Hermanowski's suggestion to you, that it be the cross-overs and street rehab. The street rehab portion may be about $30,000 to $40,000. Mr. Carollo: What? Sen. Myers: Maybe $20,000 to $40,000. They say $20,000, $25,000. It does not cost much to do the pull backs to new poles, relatively, and $20,000 is $20,000, but the bulk of it is the cross-overs. Their sugges- tion was exactly as Howard just said. Mayor Ferre: Kenny, I've only got one problem with this thing on the $300,000. Over a 10 or a 15 year period, $300,000 is not worth the same amount. Now, if you don't want to go on a mileage basis, which is what the City is recommending - how many miles are we recommending? 10 miles? You don't want to go on a 10 mile basis and we have got to index that $300,000 somehow. Mr. Plummer: Well, there is another problem, Mr. Mayor, that is also involved, and that is, I guess, one of the key factors that I was concerned about, is whether or not the City would in fact be doing 10 miles a year. In those years the proposal by the Administration, in those years that the City did not do 10 years, or 10 miles, they would, in fact, not have to come up with any more money than the City did. My concern was there was no carry over until the 13th year. As my proposal, or what I was working on was that any monies less than the $300,000 that was not spent per year would be an accumulative carry over to the following year, okay? In other words, let we give an example. If this year the City's demand was only for $200,000 based on what the City did,... Mayor Ferre: J. L., he said that in there. Mr. Plummer: I understand that, but I am saying that the point that if you indexed it without any other consideration. 19 APR 101984 ld Mr. Gary: With regard to the cross wiring, we really have two issues here. We have cross wiring and rehab. The cross wiring addresses the issues of them correcting the cross wiring situation of 75 miles. Mr. Plummer: That has not been any contention, it is my understanding. Mr. Gary: No contention. Mr. Plummer: No disagreement between... Mr. Gary: No disagreement and we agreed that 75 miles that should be done right now, instead of it being done right now, that we would do it within a year, if you think it is reasonable. It is reasonable to the firm - more so. Mr. Plummer: No disagreement on that point. Mr. Gary: No disagreement. That is a benefit to the firm. Secondly, with regards to the rehab that has to be done throughout the City on an ongoing basis, it is our position that as the Mayor said, $300,000 today is not $300,000 tomorrow, plus we do not control the contract or the bidding and the awarding of contracts, nor the scheduling or working of people, and therefore we should not be held responsible for things that they control, since that is their company. They bidded on this. They are the managers of the firm. With regards to putting a cap on that, it would not be fair to the citizens for the mere fact that it may cost more than $300,000. Now, in an effect to be fair and reasonable, what we have said is if the City does less than 10 miles and therefore may be less than $300,000, then we are not going to require this firm to spend for what we do. so, if we do $100,000 worth of work in one year, we are not asking them to rive us $300,000 or do $300,000 N1,crth of vork, but if in later years the cost is more than $300,000 for 1.0 miles of street, and we are only as).ing them to do 10 miles on an annual. ) a4i.s, that they isould bear the cost of that also. if the City does more than 1.0 miles in a given year, and in an effort to coript'omisc, we have said ti-,c will lout the dif- ference of those 10 miles in a pool. and that pool vould accumulatc and in the year 13 - 3.3 years, that they would do all that �:,ork. Ind we think that that is fair and reasonable. Now, I understand on one hand if you want to get a benefit in terms of not spending all the money when we don't spend it, then you should spend the money if it is more, particularly since you control all the mechanisms for doing the work - all the con- tracting, the scheduling, etc. If this City Commission decides to take the option which has been proposed here today, not by them, but the one that has recently came up about the fact that if we spend $100,000 or $200,000 as $100,000 and roll it over for the next year, I would have no problems with that, provided that the City doesn't put itself in a liability situation wherein 10 miles cannot be done for the amount of money of $300,000 or more, and that if it is rolled over, that they still would do 10 miles of streets, whatever the cost may be. So, if we do five miles of streets and there is $100,000 that is rolled over, the next year will be $400,000 in their pot. If the cost to do 10 miles of street is $410,000, they have got to spend $410,000. We should not put ourselves in a position of having to have a liability, Number one, or not have the work done, Number two, just because the cost is more than what people think it ought to be. Mr. Plummer: Well, let me ask this question. Mayor Ferre: It is 10:30 A.M. and we need to start winding this thing up. Mr. Plummer: Let me make one more point that I made Mr. Gary, I think prior to your coming in, and I will ask you - In the area of the 75 miles, and that to be done, there is no disagreement between you and the company. Mr. Gary: No. Mr. Plummer: An in the final analysis of the 13th year, that any accumu- lative moneys or works not done would be -done prior to the end of the franchise. There is no disagreement between you and the company. Mr. Gary: Accumulative parts, no. Over 10 miles, no. LOWL ld APR 101984 Mr. Plummer: So, the only disagreement is in the interim period of time, and the point that I brought out before, according to your memorandum, and in your memorandum, you state that you estimate the cost to be 3.4 million dollars. That is in your memorandum. Mr. Gary: Estimate -- correct. Mr. Plummer: I understand that. Mayor Ferre: 3.9, isn't it? Mr. Plummer: No, 3.4, according to his memorandum. Now, according to the company's, well, anybody's figures, 13 years at $300,000 is 3.9. One initially looking, without of course, inflation factors, would say that they are proffering over the period of the 13 years a half million more than what you are projecting. I fail to find the big, big disagree- ment. Mr. Gary: Well, the big disagreement is the same type... Mr. Plummer: That is speaking only to the problem. The penalty is a side issue. Mr. Gary: Okay, I am not talking the penalty. Mr. Plummer: Okay. Mr. Gary: There is no difference than when we sit here as a public body and we estimate what our capital budget needs are going to be for the next 10, 15 or 20 years., and that is they are based on estimates, and those estimates can change, and our position is is that this firm, when it came before this City Commission, during the bidding process promised to live up to the R.r.P. and the ordinance in tei:ins of operating this cable compainy, and that: the onus is on them to be responsJ.ble for ex- pending vhatever unds they have to spend to comply with that ordinance, and I don't want to put ourselves in a position of: putting a cap figure on the cost for them to do business when they agreed when they came in here to expend funds to do whatever is necessary to comply with the ordinance. I think we may be talking about peanuts in terms of the cost of the company, but I don't think the onus or the liability or responsi- bility should be on our side. It should be on their side to come in compliance in terms of the mileage. I think it is important, Mr. Mayor and Commissioners that we started out with a cost of about 6.9 million dollars in total costs in terms of penalty. We have compromised that down. We have compromised that - $616,000, and we are now talking about $268,000. As a result of that compromise, we are talking about a savings of $348,000. The second level of compromise. We did not say that they had to do 75 miles of streets that should have been done in the past to date. We are reasonable. We said we will allow you to do it within a year. That is the second area of compromise. Mr. Plummer: Well, can we address that? Mr. Gary: I work for you. I just want to get... Mr. Plummer: Well,no, I mean - I want to address it as we are talking about it. Mr. Gary, I've got to make the record clear. On that Page15, you come about a figure of whether it is as of today or whatever. Let's use today's figure in your column showing $616,000 and you speak of an area of compromise. Nor. Gary, the Mayor was the very one who, in my estimation was very, very clear, obviously not in the Administration's estimation, but I don't feel that this City is entitled to a fine as it relates to inter acting portion of this item. The Mayor, at the last meeting, and I have the minutes in front of me, once again reiterated that this City was not, under any circumstances going to have the inter- active system. He wants again, at the last meeting, reiterated that through another motion. Mayor Ferre: And that is the will of the Commission - it isn't just the Mayor. 21 APR 10 1984 ld Mr. Plummer: Exactly. but it was your lead, Mr. Mayor, at the time of the franchise. Mayor Ferre: Yes, but let's make it clear that we were unanimous on that. It isn't just me. Mr. Plum r_: Yes, okay? So, €Ir. Gary, I failed to find that the City has a negotiating ct.rd of that penalty. I don't know how you can im- pose a penalty for that procedure when this Commission, at the time of issuing the franchise said there shall be no interacting system. Now, if in fact you do that, you reduce this bottom figure, and I have not gone over it with a calculator by the $227,500, so you know it is what set of figures do you use, as to what savings or loss is accrued. Mr. Garcia -Pedrosa, or to the City Attorney's office - if in fact this City made a determination at the time of the franchise that there would be no inneracting system...It is not true, Mr. Merrill? Mr. Merrill: No. Mr. Plummer: Mr. Mayor, Mr. Merrill says it is not true! (LAUGHTER) He still believes as of today, Mr. Merrill still believes... Mayor Ferre: Clark Merrill wants to have these little black boxes and he will not accept that this Commission has gone unanimously on record time and time and time again that we are not going to do it! Mr. Carollo: Some people like the little black boxes and some likel"'the big black boxes. Mr. Gary: Hey, J. L., he is not speaking for the Mayor. I apologize for that. Mr. Plummer: Yes, well, okay! To the City Attorney - assuming that the Mayor is correct, that there was to be no interacting system, is it pro- per or legal that a fine could be imposed upon a segment in which this Commission said "no"? Mr. Garcia -Pedrosa: The answer is no. Mr. Plummer: So that then blows these figures out of the box. Where is everybody? I suddenly find myself... (INAUDIBLE BACKGROUND CO!VXNT) Mayor Ferre: The answer is no. Look, I don't know how else to say no, other than to say it twenty times over and over again - the answer is no! We are not going to have interacting service. Mr. Plummer: Then my question, Mr. Mayor is, how can you impose a penalty? Mayor Ferre: There cannot be any penalty on something that we have continuously and unanimously voted over and over and over again that we do not want. Period! End of argument! Next page! Mr. Plummer: No, you are wrong! As of yesterday, April 9th, that penalty is still shown here. Mr. Dawkins: It is null and void! Mayor Ferre: Mr. Commissioner, I want to reiterate to you that what that paper says is not binding on this City. What is binding on this City is what this Conrnission says and I think we are spending a lot of time on a non -issue when we have, as Commissioner Dawkins has pointed out, issues that we ought to be talking about. Now, let's get on with these real issues. Mr. Plummer: Well, wait a minute! Mr. Mayor, I am sorry. I cannot sit down in good faith and try to find a common ground with a set of figures that are not true! 22 APR 101984 ld 11 ri Mr. Dawkins: Well, defer it then, until we get the correct figures. Mayor Ferret Wait a minute. Mr. Dawkins: Defer it until we get the correct figures. Mayor Ferret I am going to help you out.... Mr. Dawkins: J. L., defer it until we get the right figures! Mr. Plummer: Mr. Dawkins! Mr. Dawkins: Yes, sir. Mr. Plummer: How can I get a set of figures when the Mayor has told them 20 times no! Mr. Dawkins: He didn't tell them in Spanish. He is going to tell them in Spanish this time and we will bring it back. Mr. Gary: Mr. Mayor... Mayor Ferret Yes, sir, Mr. Manager. Mr. Gary: I would like to refresh the Commission's memory. Mayor Ferret You have already conceded the point. Mr. Gary: No, Mr. Mayor, at the February 16th meeting, the issue of the fines for the two-way interactive system, the black box, the Attorney asked this City Coiwriisslon to qet rid of those fines and waive it. As I recall, Connaissioner. Plummer or the Mayor said "No, that is our leverage. We are not going to get rid of that". Mayor Ferre: That Is correct. Mr. Gary: That is correct. It is in the minutes, we have a copy right here, so we did not violate the City Commission policy. Mayor Ferret No, sir, you didn't, but just so that we can get that issue over, I pass to gavel over to Commissioner Perez and I move that this Commission go on record that we are not talking about and the interactive services is not an issue at this time, because it was, is, and hopefully will continue to be the will of the majority of this elected body that we are not going to install interactive services in this system, period! I so move. Mr. Plummer: Mr. Mayor, is there a second to that? Mr. Perez: Do we have a second to that motion? Mr. Plummer: I will second the motion. Now, under discussion. Mr. Mayor, may I just... if this can be clarified, so we won't be back here again talking about this issue, Mr. Mayor, may I suggest that your motion does not affect local origination and public access, and insti- tutional cable. Ms. Smoller: Subscribers - residential subscribers home with the black box. Mayor Ferret Madam, that is your opinion. That is not my opinion. Now, I will recommend to you that in November of next year you can qualify to run for public office and you can run against or in the seat of Commissioner Dawkins, you can run in the seat of Commissioner Perez, or you can run for Mayor of Miami 'and then you get up here and you can make that motion and if you get two other people to go with you, you have got it! In the meantime...' Mr. Gary: Mr. !Mayor, nobody is trying to run for elected office. What we are just trying to do is explain... Ms. Smoller: Clarify. 23 APR 101984 ld Z Mr. Gary: We are trying to clarify so you will not be giving away some- thing you want, and that is fine, we stand with the motion. Mayor Ferre: You do not understand again, Mr. Manager! I do not want interactive services. I do not want an kind of interactive services. I do not want any black box of any kind at any time in any home! Period! Period! Mr. Gary: Mr. Mayor, now... Mayor Ferre: Now, if you want to do it, I understand - if you want to do it for commercial services, okay - banks and things like that. Well, banks are going to be banking with the Fire Department - is that what this is all about? Ms. Smoller: No, the institutional networks, the way it works is that it is interacting and for our Police and our Fire Department, which is training to do the... data transfer between the City buildings that have to use interacting, that have that system, which is really dif- ferent - I have no disagreement with you about the black boxes. Mayor Ferre: Mrs. Smoller, if at the time ... yes, you do, and that is acceptable. I don't have any problem with somebody disagreeing with me, except that you know, this Commission sets the policy! Now, the point I am trying to make to you is, if in the future we are going to talk about installing things so that the Fire Department will be able to talk to the banks, if that is what you want, that is fine, but if you are telling me that we are going to put in things so that the Fire Department can talk to homes, the answer is "no"! Ms. Smoller: No. That is correct. Mr. Gary: Leave it alone. Leave it alone. Mr. Plummer: Well, Mr. Mayor, I think you had better clarify then, on the Manager's memo of yesterday on Page 12... Mr. Dawkins: You know, if we keep referring to this memo, I have not gotten it and I am going to call the five-day rule. Mr. Plummer: Well, that is what we are working from. Mr. Dawkins: Okay, well then, let's call the five-day rule on it and then we all can go back and study it and then we all can make up our own minds and then we can come back. Mayor Ferre: Wait, wait! Please. The Chair has got to clarify things, so we understand each other. You can call the five-day rule on material that is that is new, that brings up a new issue. What you cannot call the five-day rule on, is if there is a call for a specific subject such as this... Mr. Dawkins: Right... Mayor Ferre: .... then you can't call the five-day rule, because the call for this meeting dealt with the subject of formalizing M-84-206, Charter Amendment prohibiting exhibiting opinion polls with the Second Reading of the Ordinance confering implementation to Cable T.V. to interactive ser- vices and with the agreement for transportation inprovements to provide... access to the port, we have already done that... Mr. Daw}-.ins: But if you call a special meeting, Mr. Mayor, you are call- ing it to clear the issue. In order for an individual to clear the issue, he has to know what he is voting on, and be clear. Now, you are right, but you see, when we call special Commission meetings, we do not deal with the issue. We deal with the everything elese we want to deal with! Now, I told Kenny, I am telling you, I an finished with this! But, if everybody up here is going to sit here for two Hours and go through this, Mr. Mayor, I may as well say that we don't understand this - let's call a five-day rule so we do understand it, sir. That is all I am saying. h 1.0 1964 ld Sen. Myers: We are almost home. Mayor Ferre: We have before us a motion with regards to the interactive service with penalty provisions. I made it, Plummer seconded it. It is before us now. Mr. Plummer: All right, Mr. Mayor. That is something that is nothing now. We have been discussing this. As far as I am concerned, all it does is memorializes what uoe have been saying all along anyway. I am ready to vote on it. Mr. Plummer: Mr. Mayor, under discussion. There is a portion here that has me bothered, and I sorry I keep referring to this memo, which if not challanged, becomes the official document. In that it states, and I want to put this on the record, that this is now null and void if this motion passes. The City will not retain penalities in connection with the issue of providing interactive services to the residential subscribers. The Commission will hold a public hearing no later than December 31, 1984 to determine whether to defer the implementation of the provisions of interactive services to residential subscribers. If. this motion passes, that is null and void. Mayor Ferre: Until somebody else brings up the subject. Mr. Plummer: one other point of discussion. Mr. Mayor, there might be a time in which this Commission, or subsequent Commissions would want to have. I am assuming that a motion such as this today is the policy' that is today, and that at any time that this Commission, or subsequent Com- missions wish to change their minds, they could. Mayor Ferre: Sure! Absolutely. Mr. Plummer: okay. Mr. Carol.lo: Rr. Clerk, could you read the motion again for us? Ms. Hirai: A motion of the City Commission going on record that we are not talking about interactive services, that the interactive ser- vices is not the issue at the time, because it is, and was and hopefully will continue to be the will of this body and we do not wish the inter- active services in this system. Mr. Carollc: Is that correct, maker of the motion? Mayor Ferre: Well, there is only one added sentence to that, and that is that the Administration this year, by instucted, that there shall be no penalties on this issue, because it has been the will of this Commis- sion, not to have this service provided, with regards to this issue, and that we can get into the substantive issues, which Commissioner Dawkins talked about an hour ago. Mr. Plummer: Let's get this one out of the way. I call the question. Mayor Ferre: No penalties with regards to the interactive services. That is the thrust of the motion. We are not dealing with that. We are not going to install that... Mr. Perez: Do we have any other discussion on this motion? No, then call the roll.. ld 25 APR 101984 Rq 1 r] The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 84--458 A MOTION ESTABLISHING THE POLICY OF THE CITY OF MIAMI COMMISSION TiiAT THEY ARE, NOT GOING TO ALLOW INSTALLA- TION OF INTERACTIVE TELECOMMUNICATIONS SERVICES IN CONNECTION WITH CABLE TELEVISION; FURTHER INSTRUCTING THE ADMINISTRATION NOT TO ASSESS OR IMPOSE ANY PENAL- TIES AGAINST THE CABLE FRANCHISEE IN CONNECTION WITH THIS ISSUE SINCE"• IT HAS BEEN CLEARLY ESTABLISHED BE- FORE, AND BY VIRTUE OF THIS MOTION, THAT IT IS THE WILL OF THE CITY OF MIAMI COMMISSION THAT INTERACTIVE TELECOMMUNCICATION SERVICES WILL NOT BE PERMITTED IN ITS CABLE FRANCHISE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None ASSENT: None Mayor Ferre: All right, now we are dealing with the issue of... Mr. Garcia -Pedrosa: Wait a minute, Mr. Mayor. Mayor Ferre: Yes, sir? s'• Mr. Garcia -Pedrosa: So we can do that correctly, the ordinance, as we have discussed it at a prior meeting makes reference to the technical standards for inter -connection of the system, and technical specifica- tions, including institutional cable in Section 308, and so forth. I think what you need, if you are going to carry out the intent of that motion, is to Amend Section 301 of the ordinance... Mayor Ferre: That is correct. Mr. Garcia -Pedrosa: .... by an emergency ordinance. Mayor Ferre: No, you don't have to make it an emergency, but just make it a regular ordinance that eliminates that whole section. Mr. Garcia -Pedrosa: Well, I don't think you want to eliminate the whole section. No, sir. Mayor Ferre: I mean that portion which deals with interactive services. The thrust of all of this is that it has been and continues to be the intention of this Commission not to have interactive services. And you see, what I don't want to get - Mr. Manager, let me tell you and so that the press will understand, I do not want to get into a big argument and a discussion with the American Civil Liberties Union and others as to whether or not we are, in effect, violating the first amendment. And frankly, the best way to get away from this whole thing is just to eliminate the whole clause-. Now, if in the future a future Commission wa.nt to deal with that, or somebody wants to institute a lawsuit to force this City to put in.interactive services, let them do it. This is a free country - they have a right, but certainly they are not going to do it with the acquiescence of this Commission, and it is certainly not going to be done by the will of this elective body. If it gets done by the courts, then let them do it by the courts, but we are not going to simplify their process. APR 10 1984 1d Mr. Carollo: Let me see if I understand what you are saying, Mr. Mayor. In other words, you are backing away from placing this issue on the ballot like you wanted to because of the American Civil Liberties Union is threatening to sue. Mayor Ferre: No, it is not because of the American Civil Liberties Union. The issue deals with complicated constitutional law. I am not a lawyer, b.it I have been -in this business of passing laws since 1966, and I want to tell you that when you get involved in constitutional issues dealing with the first amendment, you are getting into very, very complex, difficult issues. You saw what Judge Hoeveler did on something that we were very safe and sure on and we felt very strong - I felt very strong and our able City Attorney felt very strong that we were going to win that and Judge Hoeveler completely reversed our posi- tion, and the A.C.L.U. had nothing to do with that. The issue is the same and I don't think that we ought to be involving ourselves with taking on constitutional matters unnecessarily. And the simplest way of solving the problem is by not breeching it, and all I am saying is, let us not breech it legally. Mr. Carollo: This is why I can't understand it now because, I went along with you figuring that, like you said, you had experience in that area and you have researched it, but now you are telling me, no, that you were wrong. Mayor Ferre: Now, I am not telling you that I am wrong, Commissioner Carollo, and this is no light matter. I think the First Amendment is a serious matter. It is nothing to joke about. We can joke about a lot of other things. I don't like to jike about the First Amendment of the United States. I happen to hold that as sacred as some people around here hold amendments, for example, like the ability to have and hold arms.Now, you take that seriously. That is serious business to you. Well, the. First Amendment is a serious business to you too, and to me and to all of us. Mr. Carollo: Mr. Mayor, if it is, the only way that you can really get things out in the open is if you believe in something, then you go forward, and if somebody wants to challenge this and take it to court, then let it be taken to court. Mayor Ferre: I am not a foolhardy person, Commissioner Carollo. At least, I try not to be, and I don't want to get myself in another law- suit with Judge Hoeveler, where even with the guidance, the careful guidance of our Harvard educated City Attorney, we ended up losing a major issue which is now in Appellate Court, and I don't want to lose another one like that, because as it is, this City is beginning to get tarnished with the question, because of the Scarface issue, because of the City Under God issue, because of all these First Amendment things, I do not... Mr. Carollo: Did you hear that, Demetrio? Mayor Ferre: I will repeat it again - because of the Scarface issue, because of the issue dealing with freedom of expression in the religious things, that I do not want to get involved in another legalistic con- stitutional entanglement, dealing with the First Amendment. When it is not necessary... Mr. Carollo: I'm sorry I brought the subject up. I don't want to get you into a difference of opinion like you had with Commissioner Perez, I'll just back: off. Mayor Ferre: No, there is nc difference of opinion at all. I voted for it and feel strongly about it There is no difference of opinion about it. I just don't want to get into another one of these first amendment issues.. Mr. Carollo: I apolgize, Commissioner Perez. I won't say anything else. ld 27 APR 101984 Sen. Myers: Mayor. Mayor Ferret Yes, sir. Sen. Myers: Coming up later on in the Agenda, after we hopefully re- solve the discussion - the Second Reading of the ordinance dealing with interactive... Mayor Ferret Vniat? Sen. Myers: The Second Reading of the ordinance that you passed on First Reading in February dealing with interactive services - you could incorporate your thoughts that you passed now, or amend the ordinance according to the thoughts of the Commission in any way you want. Mayor Ferre: You let the City Attorney deal with that issue. All I am doing here, and just let the record be perfeclty clear, is doing legislatively in this body, for we under our Charter and the law are entitled to do, without taking this issue into what could be a consti- tutional matter, period. We are doing what is within our right to do as a legislative body. Now, if somebody wishes to challenge this, then let the burden be them to take us to court and challenge the issue there. But, I don't want to be the one who is going to challenge it. The fact is, we do not want interactive services, period, for whatever reasons we do not want it. We do not want it.and this Commission has gone.on record, Now can we go on to the other issues before us? Mr. Dawkins: Can I ask a question, Mir. Mayor? Mir. City Attorney, ex- plain to me the difference between public access and local origination stations. Mr. Gary: Sue, correct me if I am wrong, but public access is programming which is undca- the the control of the cable company. Wrong? Mayor Ferre: I:s is the other way around.- that is local origination. Mr. Dawkins: Hold it there. sue, c5:plain it forme, please. Ms. Smoller: Traditionally, public access is programming produced by people within the community and local origination is programming pro- duced by the cable company. According to the ordinance here in Miami, it is not quite so clear. The oridnance is the public access channels _ which are under the Manager, under the control of the Miami cable access corporation. The money for access, for operation, and for the capital expenditures for the studio and equipment are to be shared in essence, between the local origination and access, if you have looked at the local origination section of the ordinance - the two ordinance provisions you have before you, 403 and 404. 403 speaks to the access channel. 404 speaks to local origination. Access gives a dollar amount. Local origination doesn't. It says it has to be broadcast quality equipment, which is the best. At the bottom of that section it says what is going to be shared use and cost between access and local origination, so both sections apply. Mr. Dawkins: We are talking in terms of a Latin station, and a Black station. lure I correct? Ms. Smoller: Local origination - that is correct. Mr. Dawkins: Now, how can these two stations - I want everybody to hear, because like I said - it is not going to happen - how can these two sta- tions make money? The whole thing was supposed to have been that the Latins would make money and the Blacks would make money. Now, how can these two stations make money, if they do not own these stations and able to sell ads or", these stations and go out and make money. }low can.:.? Ms. Smoller: 11'nat. is right - you have to have equipment to be able to do the ads. You have to Have a equiprttent to do it. Mr. Da,�kins: Does this spell out that these: two, the Latin and the Blacks will own that station and be al;le to sell their own air time and n 4 go out and make their own ads and make money. Does this tell that? Ms. Smoller: The ordinance requires the company to do Black local origination programming and a contract between the company and the City communications spells out the details of how that ordinance provision, would be carried out. The ordinance requires the company to furnish broadcast quality equipment for 'local origination, and that is what their contract refers to. Mr. Dawkins: Does this say that the Black and the Latin will own a local origination station for which they can make money, period? Ms. Smoller: The ordinance itself does not say it - the contract does. Mr. Dawkins: Mr. Gary negotiated it. I mean, it might mean a damn after you negotiate it, but go ahead. Mr. Gary: In answer to your first question, there is a requirement for local origination and the local origination is to be done by a Black entity and a Latin entity. The responsibility for insuring that it happens is the cable company, and the way they will accomplish that is to set up contracts between the Latin organization, which is Evelio Lev's organization and the Black organization whici is Georgia Jones' Magic City. They have the responsibility to fund it - to set them up in a studio and to provide equipment and provide quality local origination of interest to the Latin community and the Black community. Now, the problem becomes, Commissioner is the the contract that exists between the firm and those two entities - those two minority entities, to the extent to x•.hich they permit them to sell ads. The extent to which they provide a quality studio and a quality equipment depends upon whether you qet quality output. Mr. Dawki..ns: Like I said from the very beginning - nobody heard me, if that station makes one channel available to the two minority stations, and they tell them only at 11:00 o'clock you are available, or I only have time for you at 1:00 o'clock, you don't have nothing, and they would never make any money, period. Mr. Plummer: Well, I think thought that the point that has to be clarified is the ownership, for example, the studio and the equipment. They do in fact, own the company. They do have the right to use those facilities and studios provided for at the expense of the cable company. But the difference is, they do not own the studio - they do not own the equipment or any of that. Now, from what I am reading, or from what I am understanding here this morning that the cable company is charged with the responsibility in the franchise of providing a studio equip- ment and facility in a Latin area, and in a Black area, and with a mobile communications unit, but that ownership of equipment and everything is in the company's name, in the cable company, not in the corporation that is doing business. Is that correct? Mr. Manager? Mr. Gary: That is correct. That doesn't preclude them from giving it to them if they want to, but under the ordinance and description, that is correct. Mr. Plummer: Okay, I am just trying to clarify it on the record, okay? Now, Mr. Mayor, I don't know where you want to go this morning. Mayor Ferre: I want to go home! Mr. Plummer: I want to go bome too. I still see two portions of this remaining. I think pretty much the issue has been resolved as to the head in - that has been cancelled. That penalty removes it. Mr. Gary: Two way interactive. Mr. Plummier: lao, no. The head in takeover. That was an original penalty and you withdrew it - where at anytime the Mayor's office or the Police Chief could come in and override the system - maybe the override.which originally was set in the penalty and that has been with- drawn. Okay, now it is my understanding that we have done the same .C%rx 40 APR 101984 t'r or established the policy that in relation to interactive has been withdrawn. Is that correct? Mr. Manager? Mr. Gary: Correct. Mr. Plummer: Okay, so what I see remaining, Mr.. Mayor, is two portions. One, I am ready to move on this morning. The second one I am not. Mayor Ferre: T(,JJ. them ghat you are ready to move on. Mr. Plummer: Okay, there are two areas remaining. The first one is the beauty of this City and the crossover problem. The second ,portion is that relating to fine, a penalty, a contribution, or what? Mayor Ferre: What are you ready to move on, Plummer? Mr. Plummer: I am ready to move, Mr. Mayor on the portion relating to the crossover problem. Mayor Ferre: How are you ready to move on it? Let me know. Mr. Plummer: Mr. Mayor, it is my intention that at any time to offer a motion that Miami Cablevison must comply by virtue of (A) clearing up the original 75 miles that is already been agreed upon within the next 12 months; (A) that the Miami Cablevision shall be responsible for a 10 year period of $300,000 per year accumulative carry-over. Mayor Ferre: With an indexing of some sort. You have got to index it, because otherwise you get yourself into trouble, and I think ... I will tell you, my position is that we need to deal with it on a physical basis rather than on a dollar basis. Pie don't have any control over what it is going to cost or it isn't going to cost. We don't control that. We don't control inflation. F;hat we want is we want it done over a 10 year periodd. That is fine. They could divide it up... Mr. Plunui;er: Mr. Mayor, the third portion the (C) portion and I just throw this out for consideration, is that in the 13th year, any work or money not put forth to complete would have to be established to complete and pay for before the end of the 15th year, or their fran- chise. Now, that is a catch-all, I understand. Mayor Ferre: A catch-all doesn't mean very much, because at the end of the 15th year, if you are walking away from the franchise... Mr. Plummer: No, the 13th year would have to be the kick -in of any accumulated overage. Now, I am just ... I am open to suggestions. Mayor Ferre: That's fine - I've got no problems. I agree with you. I think we ought to pin this thing down and I am willing to talk about it and get this issue behind us. Mr. Plummer: As far as I an concerned, if you want to amend the motion, that is up to you. Mayor Ferre: Yes, I think the only amendment, Senator, is, I don't know how we can deal with this $300,000 a year. What we are trying to do is do this over a 10 year period. Now, I don't care if within reason we do 1/10th every year, or that you do a little bit less one year and a little bit more within reason, or that type of thing. Sen. Myers: Mr. Mayor, it depends on what you clarify to include in the required work. We are suggesting that you include in there the cross -over required work and rehab work required. Mr. Plummer: Well, that is what we are speaking to. Mayor Ferre: That is what we are talking about. Sen. Myers: The thing that the company has addressed itself to throughout is the cash flow problem. As you know, we have already paid for $5,000,000 plus the $2,000,000 security fund and they are losing up to this point, on their financial statement 0 APR 10 1984 ld $4,000,000, so the point we are making is there is a serious cash flow concern of the company. We have the on -going construction to do and then what we would like to do is just be committed in some ways to the $300,000. Mayor Ferre: Listen to rle. I don't think we can put a penalty on issues there are no penalties on, okay? The penalty doesn't mean anything to me. Sen. Myers: I am not talking about the penalties. Mayor Ferre: I know you are not, but I am, and I want you to listen, because it relates, okay? I am trying to be pragmatic about this. Penalties don't mean anything and frankly, when you are talking about millions of dollars, what is the difference whether it is $50,000 or $100,000 when we have much more important issues to talk about? Now, what is much more important, which means millions of dollars of well- being to this community, is the question of settling this cross -over. Now, if the Manager is agreed that you will do the 75 miles of cross- over this year, okay, and you are willing to spend the money to do that within the next 12 months, and if you are willing to spend 1/10th and I don't go along with this dollar figure, because I don't know what it is going to cost. The burden shouldn't be on us, but you are going to do the cross -over and this whole thing and I think that is the main issue and that is what we need to be dealing with, not the side issue of whether or not it is $50,000, or $100,000 or $200,000 penalty or whatever. Penalty on what? Sen. Myers:' So you are suggesting that the $300,000 be adjusted by some factor, inflation factor? Mayor Ferre: I am saying that the issue is that at the end of the 10 years we do not want any cross-overs. You are doing 75 years now, and you are doing the 75 miles now and you are doing ... and all I am saying is the rest of it that remains to be done will be done on a basis over a 3.0 year period. That is the issue. NoN.;, whether it costs you $200,000 or $300,000 or $500,000 is something that we cant ... I don't have any control over that. We don't know what inflation is going to be in the year 1990. Mr. Plummer: What index are you proposing, Mr. Mayor? Mayor Ferre: I don't mind using the Department of Commerce index which is what traditionally is used. I would frankly rather do it on a mile- age basis. I think that is the equitable way of doing it. You know, just do it on a mileage basis. We have how many miles - what is it, 15 miles, or 20 miles? Mr. Plummer 10 a year. Ms. Smoller: And sometimes it is less than 10. Sen. Myers: Okay, let me discuss the problem with the mileage and you all resolve it. The problem with the mileage is that we say 10 cable - plant miles is equivalent to the $300,000. Mayor Ferre: It is this year. Sen. Myers: If you want to express it in mileage, we will do the 10 cables miles. Mayor Ferre: That solves the problem for me. That is the main issue. Mr. Plummer: No, no. See, they say..there is a big difference between street miles and cable miles. That is where you have got your problem. t Mayor Ferre: What are wee taking? Street miles? Sen. Myers: They say street miles, which could mean $600,000, okay? What we are saying is, you can see 10 cable plant miles. You can mea- sure it. Mayor, you have a point. If you feel that that is a better 31 APR 10 1984 ld e measuring factor,, that would equate to $300,000 a year, so that is what we would suggest. Mayor Ferre: Now, this is something that is totally brand new to me. Sen. Myers: No, no, it is not brand new to the negotiations. Mayor Ferre: I've never heard of it! I've never heard of it. Mr. Cary: It is brand new to us. Sen. Myers: It is not brand new to the negotiations. We have been talking to them about this for a week or 10 days. Mayor Ferre: This may be a mole hill that we are making into a big mountain. What is the difference between 10 cable miles and 10 street miles? Would you explain that to me? Sen. Myers: Because to eliminate cross overs, or minimize them, what they are talking about there involves a good portion of the City, building on both sides of the street. To do that, you are talking about a double plan, so when you say 10 miles, that is really 20 miles of cable plants you are talking abour, which is not $300,000, but about $600,000. Now, that may not be true throughout the entire City, but you are talking about a substantial portion where that would be re- quaired. Mayor Ferre: Go ahead, Sue. I., Ms. Smoller: Mr. Mayor, he is opening up this whole issue again. We are talking about public works projects. Take the street, they fix it up. It is easy to tell what it is. Nobody has any problems about figuring out that a street ends here and a street ends here. Mayor Ferre: 1;e1.], I understand. Ms. Smoller: Tend we are not talking, and we have said this over and over again - that they have to build both sides of those streets in every case. We have never said that. Public Works has never said that. It is on a block by block basis, okay? Mr. Dawkins: If I ever get in trouble, I am going to get you. Ms. Smoller: Yes, this is streets. - it ends here, and it ends here! Mayor Ferre: Are you saying you are disagreeing with that? Sen. Myers: We disagree with the fact that we will not be required to in a substantial portion of the areas double side the streets. I can only go by what our engineers tell me. My engineers tell me that it is going to cost up to $600,000 if you are talking about 10 miles of streets a year. Mr. Plummer: Then defer it! Sen. Myers: Mayor, it could be settled if you say 10 cable plant miles, and you may not be talking about much difference, because that may go six miles or seven miles - whatever is left we are going to do it the end of the franchise anyway. Mr. Dawkins: ter. Mayor, you know what? I am supposed to catch a plane for at 12:00 o'clock for Tallahassee. We have been in here - just like I say, we keep running in the thing. I move to defer this. Mayor Ferre: All right, there is a motion that this item. -Commissioner, would you amend that to -this - that you instruct the Manager to sit and negotiate a table... Mr. Dawkins: Yes, sir. Mayor Ferre: Again on this it is obviously confusing and unresolved. Mr. Dawkins: Yes, sir. So moved. t� 32 APR 101984 ld _4 41 Mr. Plummer: I am going to second the motion, but I want one other area, Ms. Smoller. I would like to know what the fine would be if in fact we are talking about from the December 30, 1982 - that is what my understanding is when you gave them the cease and desist order. Is that correct? Ms. Smoller: The first notification to the company was in December of 1982. Mr. Plummer: Excuse me - I am speaking of the official action of this City to cease. According to the minutes of the meeting - according to your answer, it was December 30, 1982. I an, reading from the minutes. Mr. Gary: Cease what? Mr. Plummer: Desist from continuting... Mr. Gary: From Public Works. Mr. Plummer: The first official notification of this City to the company was December 30, 1982. Is that correct? Mr. Gary: Correct. Mr. Plummer: All right, so I am asking - that the fine be given to me if it were accumulative from that day forward. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Excuse me? Okay, I am just asking that. Okay, I am asking that. (INAUDIL IE BACI:GROUND COb�?✓Ei NTS) Mayor Ferre: Go right ahead - your name and address for the record, and your. statement. Ms. Georgia Jones Ayres: Georgia Jone Ayres, 2475 N. W. lllth Street, Miami. Mayor Ferre: Yes, Ma'am. Ms. Ayres: During the course of the conversation about the Black inter- active whatever, Ms. Smoller repeated to me that when you eliminated that, you also eliminated the return of...I guess whatever you call it from Miami Cablevision, where I hoped to have our facility, since you have eliminated the return of the airways also. Mayor Ferre: You work that out, but we are not going to have inter- active services. Ms. Ayres: Okay, now, so much for that. Are you deferring the meeting to discuss the $50,000 that was stated to give to the local origination? Are you deferring that also? Mr. Plummer: Yes. Mayor Fcrre: What? Mr. Plummer: The $50,000 we are deferring - yes, but that is part of the penalty, which we really have not even addressed. Ms.Ayres: No, sir. I don't consider that being a part of the penalty. That is what is in the contract to equip the Black local origination facilities. Mayor Ferre: No, no. That is $2,000,000, Ma'am for all three of those units, Black, Hispanic and the mobile unit - not $50,000. Id 33 APR 101984 Ms. Ayres: Well, there is something wrong there. Mayor Ferre: I realize that this is above that. Mr. Plummer: Mr. Manager, one other area I would like clarified before the next meeting, and that is, your position as it relates to the October, 1984 deadline of the $3,000,000 in originating stations. I have heard Senator Myers make the statement that they are in compliance with ghat the City has requested of the $2,O00,000 to start it and I want to know what your position is so that come October, 1984, they start a new penalty for not having that on as called for in the franchise, and I need to know from you in writing whether or not the statements of Senator Myers are right on target, that they are doing what the City has requesting, okay? Ms. Ayres: I have a slight problem. I didn't know that the Latin station was already on the air, and I am going back to Day One with T.C.I. It appears that the Blacks are always at the bottom of the totem pole. It appears that we are the last ones to get hired and the old saying is the first to get fired. We have not yet come to an agreement where we can have any funds whatsoever to begin our station. ■ I am pleased to know that the Latins are on the air, but I'm only offered $50,000 to equip a studio and it does not include the van. Mr. Plummer: That is not true, Georgia. Ms. Ayres: Well, it is not true. That is what you heard! I'm talking about what Georgia has heard, okay? And that is what I think if the Latins are on the air, it just so happens that Blacks don't have avail- able to them the kinds of funds that Evelio Ley, whoever came together with him to help him put his station together. I am speaking for those persons a.ho are. members of my board who instructed me, because I don't know a darn thine about cable T. V. I know social work and the police problems. I cannot, in all good conscience, accept $50,000 to equip a station for the Blacks to do their local originations yet. Mayor Ferre: I agree with you. Of course notl Ms. Ayres: Okay, so where do we go from here? I would like for... let me say this - you have not read one thing. We have been in business almost for three years - you have not seen in the Miami Time not one iota of what is going on with Miami Cablevision and the Black community. That is for the simple reason - I have asked Mr. Reeves to just hold on. _ I think at the end the Black community will come out equal, not ahead, but just equal and it appears at this point that we have been totally neglected and I cannot hold the Black community off any longer. Thank you. Mayor Ferre: All right, Mr. Hermanowski, you heard Ms. Ayres' state- ment. I would recommend that you - you have until October 1st, I recognize that, but somewhere along the line I think you have got to address the issue as to that clause and how exactly you are going to respond to it. _ Mr. Charles Iiermanowski: I am Charles Iiermanowski, 17301 Old Cutler Road. Mr. Mayor, members of the Commission, the ordinance clearly dic- tates that we have a studio for local origination and for all of these groups we have one. We have one right in our facility. It is a broad- cast studio. It can be utilized. It is equipped. It was available since last October. What we are talking about is providing equipment for a second studio which we are not obligated to do. We are doing this at the recommendation of Commissioner Plummer and he is trying to settle it. Ms. Ayres: No, that is not so, Charlie! No, I will be danme'd if that is so! You are not doing that. Excuse me, Mr. Mayor and Mr. Plummer. That is not so. Mr. Plummer: Mr. Hermanowski, sir. I think that it was very clear from what Commissioner Dawkins read, and I think the bone of contention is ff APR 10 1984 ld according to the franchise, you shall establish a station in the Black area, in the Latin area and a mobile station. Mr. Hermanowski: That is in addition to what I said. We are talking about two thinas. Mr. Plummer: C-orr•ect, sir, but I think that is where and I think Georgia... Mr. Hermanowski: Local. origination and public access. Mr. Plummer: All right, I think the point that Georgia is making and the sore point obviously has to be - how come today the Latin facility is on the air, and they are not? Okay? Mr. Hermanowski: Because they paid for it - they got their studio and they are programming seven days a week, 5:00 o'clock to 11:00 o'clock. Mr. Plummer: Okay, now, but yet the franchising... Mr. Hermanowski: They have the same contract that they do. The con- tract does not obligate me to provide a separate equipment and facility for each local origination group. It obligates me to provide a common facility which I had at my headquarters. She does not want to use it. Mayor Ferre: Wait, wait a minute. Are the Latins using it? Ms. Ayres: No, come on Charlie. You don't want me there! No, the Latins are not using it. Don't say that Charlie. The Latins are not using it. They are out in Little Havana, wherever. They are not over there. Mr. Hermanowski: 'They are using it. Mayor Ferre: 1%ait a minute. Ms. Ayres: You cannot - I would ask the Commissioners to just go to that studio and see if the Latins or Blacks and the Anglos can use that station. Mr. Hermanowski: That is where we are programming there... programming of... Mayor Ferre: You are on the record now - so obviously, you know, this is important that we get this clarified. Mr. Hermanowski: Yes, Mr. Mayor. They are using our facility and they are using the equipment at 1306 N. W. 7th Avenue... Mayor Ferre: And that is where they are originating this... Mr. Hermanowski ... the programs between 5:00 o'clock and 11:00 o'clock. They also have some other facility. I don't know where it is, but they are using our facility. Mr. Dawkins: Oh, now comes the kicker! Mayor Ferre: Well, what other... Mr. Hermanowski: You are welcome to come look at it any day. Mayor Ferre: What other facility are they using? Mr. Hermanowski: I don't know where it is located - I don't know. Mayor Ferre: It has nothing to do with you. Mr. Hermanowski: No. Mr. Perez: Who paid for the other facility? ld 36 APR 101984 3 Mr. Hermanowski: They did. Mr. Perez: They paid for the facility? Mr. Hermanowski: Yes, for their own facility. That's correct, but they are using my facility to broadcast between 5:00 o'clock and 11:00 o'clock every evening, seven days a week. It is called Hispanic International Television. Mayor Ferre: And in effect what you are saying is that the same - that the same thing that you are doing for the Hispanics, you are willing to do for the Black community. Mr. Hermanowski: Absolutely! They are welcome to come tomorrow and originate from our facility. The broadcast equipment is sitting there. Mr. Gary: Mr. Mayor... Ms. Ayres: That is Charlie —with all due respect to you, you are not being accurate and you and I both know that - we have had any number of meetings with this. Mr. Hermanowski: But we are talking about giving them an additional... Ms. Ayres: First of all, you promised me $70,000. The $70,000 you have cut it - you all heard it is $50,000. I have had any number of meetings with the City planning on cable, and they tell me that that money is not enough. I bave people out there who are sitting in the room who have agreed to give me some sort of training with that through his agency, and I have no alternative but to go back to the people who I represent. I represent the Black coriununity N=,i_th that station, and I cannot in all good conscience stand here a,ith all respect to Charlie, with all rospcct to Ken 1`11yers and accept that: they arc, acing to calve me $50,000 to cquih the. f.aciliti.c:_ that we are acquiring which is on N. W. 49th Street: and )7t.h Avenue. $50,000 <<,il.l not. Cquip that! I don't knov, anything about Ca}..)le T.V. , but I have scnse enough to know - I built a }dome and I know it tool; more than $50,000 to build that and I know you cannot equip a studio with the headlights, the cameras and the van, all of those things. ]: just simply refuse to accept that you are going to give me $50,000 here today to equip that. When we leave here, I come back to you, I am dissatisfied and what you Commissioners are going to say to me,."Well Georgia, why didn't you bring this out from Day One." I cannot go back out to that Black community and accept half. -so and sol I cannot face people out there when we get away from here. I cannot face the blame talking to those people out there with this! This is the first time we have been given an opportunity to really ex- pand and do something for the Black community. I, Georgia Jones Ayres will not sell my principles for anything less than the best for the Black community from the Commission. I was here every meeting you have had. You wined us, you dined us, you did everything for me in order to use me to get this franchise. I accepted this thing to me if... Mayor Ferre: Wait, wait a minute! I don't... Ms. Ayres: Not you! Not you, I am not speaking to you. I am talking about the five companies that came here to get this. Hermanowski, no, You didn't, but, there is a marriage between Americable and a marriage between T.C.I., there is a marriage, we are one entity. That is what I am simply saying sir, and I refuse to accept anything less than that. Mr. Carollo: Well, can I ask a question, now that the dust is settling down? Mr. Plummer: Excuse it. Ms. Ayres: No sir, because until we get what I feel - that bonafide proposal that was submitted to this community - until I get what we feel the Black community is entitled to, it will not be settled! 36 APR 101984 Id Mr. Carollo: If I may, the group that has the Hispanic channel, and I don't think that any group that are formed by a small group of individuals, whether it be Hispanic or Black, necessarily represents a whole community. They are individuals that got involved in this for the main, sole purpose of making personal financial _gains for themselves. n)at is the chain reason, whether that group is Hispanic, or the group of Blacks that got involved in this. But, let's not kid ourselves! And let's not say that we cunt this for this group and that for that group - we represent so much! The main thing all these people represent, just like these people represent Americable, T.C.I., the main thing they are representing are their own pocketsbooks. Let's put that on the table to begin with. Ms. Ayres: I disagree with you, for all respect - no, sir, buddy, I, Georgia is not that kind of person. Mr. Carollo: All right, Ma'am. Ms. Ayres: I was not put on this board because of what I have. I've never had nothing. Mr. Carollo: Ma'am, can I speak now? Ms. Ayres: No, sir. I resent what you said, sir. I resent it! Mr. Carollo: Fine, can I speak now? Then you go ahead and say all that you want. ,•. Ms. Ayres: Now, you speak to others like that. You don't speak to me that way. I am not here for what I can get. I am too old to work for pay. I never worked for pay. I am here because of the Black com- munity! Mr. Carollo: Can I go on now, Ma'am? Ms. Ayres: Yes, but don`t you insult me by saying that. Mr. Carollo: Ma'am, you know, some people get insulted very easily, especially when the truth is put out. Ms. Ayres: Well, I am one of those - when you raised my dander, Commissioner Carollo, you will get it back! Mr. Carollo: Ma'am, I have been threatened more than that in my life- time and I am sure that it won't be the last time, and you can go ahead and threaten me 24 hours a day, if you like. Ms. Ayres: I didn't threaten you! Mr. Carollo: Now, if I may. What you are saying is that for this group of Hispanics that have access to this Hispanic channel, that you have given them the same facilities that you are willing to give Georgia and her group. Senator Myers: We have given them zero. They established it them- selves, under their lease, for their localorigination channel. We arc - now saying, though, although we have no legal obligation to give it to their separately leased channel, we will. Mr. Caro'lo: What I am trying to get on the record, Mr. Myers... Senator Myers: Yes, the answer is yes. Mr. Carollo:....is that you are either giving, or willing to give and have been willing to give the same financial help to both groups. Is that correct? Senator Myers: Yes. 37 ld APR 101984 Mr. Carollo: My next question is, then how come you are now going to give $50,000 to one group, and not $50,000 to the other group? I don't think that is fair. Sen. Myers: Well, Commissioner, it is still not understood what is available in respect to... Mr. Carollo: Correct me if I am wrong... Sen. Myers: I4-,t rbe explain it! Mr. Carollo: Because if this is because of the case that some people are screaming and threatening more than others, than let's get it on the record. Sen. Myers: Commissioner, there are three areas here that have got to be understood. First of all, the Public Access channel, that is going ro be run and operated by the City of Miami has been alluded to. It is not an issue here. we are going to provide that. We are not even discussing that. In that Public Access programming, we have to pro- vide equipment, etcetera, studios for Latin and Blacks... Mr. Carollo: That has been established already. Sen. Myers: That has been established and we are not even talking about that here. Now, in addition to that, the company has required, under the license, to have a studio availability, a common studio - available for all the minority's local origination programming. Mr. Carollo: hie have established you have that,right? Sen. Myers: Iuid we have that. Mr. Carollo: Okay, fine. Sen. Myers: Now, in addition to that, we are required to lease out separate channels, all their own, to minorities for minority programing. Commercial leased out programming for the Latins and the Blacks - we have done that. We have the leases to the Latin groups that you alluded to. We have the lease to Georgia Jones Ayres' group. Now, in that require- ment, we are not legally required to equip additionally their separate... Mr. Carollo: That is what my point was. Sen. Myers: They did it themselves... Mr. Carollo: My question is, then why are you willing to give $50,000 to one group, and not to the other group? Sen. Myers: To equalize their opportunity, because Commissioner Dawkins and others... Commissioner Plummer had said if the Latins are going and they have it going, and the... Mr. Dawkins: No, no, no. Wait, wait. Sen. Myers: What we are trying to do is... Mr. Carollo: Miller... Mr. Dawkins: Wait, Joe. Let me get right in here with you. Okay, go ahead, Joe. Mr. Carollo: The problem that I have with it - Miller, just give me one second, please. I have given everybody the opportunity to speak all day, I just want to say a few words. My problem is, that if one group of business people, that happen to be Hispanic are able to go beyond by themselves, for whatever reasons they wanted to, not using your money, why c«n't another group of people that got in this the same money making opportunities that others want to, that you did, cannot do the same thing. I don't think it is fair... Sen. Myers: You are right. 38 ld APR 101984 Mr. Caro'"o:.... for that $50,000 to go to one croup, and not to the other. Now, if you want to throw 550,000 out into minorities, then have $25,000 going to one group and $2.5,000 to the other.! What it comes to is that in order to get anything in the City, you have to scream and threaten and jump up and doom, then well, let's start doing it all around! That is the game that is going to be played here! Sen. Myers: Commissioner, you are the legislature, and if you decide decide you want to do that, you do it! Mr. Dawkins: Let me say something. Let me say something! Ms. Ayres: But you all are playing games. You are playing games here. Mr. Carollo: Hey, I am not scared to be threatened and to be called names and whatever. You know, I can handle it. Mayor Ferre: Commissioner Dawkins. Mr. Dawkins: Let me correct the statement made that Commissioner Dawkins is the reason that they receive $50,000. Sen. Myers: No, no. I didn't say that. Mr. Dawkins: Let me go back and correct the record and say... and Mr. Gary, will you have someone on your staff go back and research for me and find out that during the rent a citizen time, that these T.V. stations were renting Black people and Latins in order to qualify for this franchise - find out for me, I want it from staff, the amount of money that was given to Latins and the amount of money that was paid for the rent a citizen, Latins, and the amount of money that was paid to the rent a citizen, Blacks. And then you will see, I think, that the rent a. citizen Latin got paid, therefore he had money to go into busi- ness with and you will find that.... Ms. Ayres: 7und I never received a dime! Mr. Dawkins: .... Hermanowski and those pitted Black people against each other as they always do, and when they got George Greene to a point where he was about to accomplish something, then they went out and rented another set of Black. people. They didn't want to deal with him any more. Then they rented Georgia 'ones and those. Ms. Ayres:' No - Commissioner Dawkins... Mr. Dawkins: I am sorry, I mean then they went and got another group, and that group has not received one penny. Mr. Gary: If I might... Sen. Myers: Members of the Commission, for the record... Mr. Dawkins: No, no, no. Like I told you, I don't want nothing else to do with you all. I am not playing. Can staff provide me with that information? I have it. I just don't feel like researching it. Mr. Gary: Yes, sir. If I may, Commissioner Carollo. First of all... Mr. Dawkins: But first I want to say, I agree with Commissioner Carollo. If you give a million dollars to the Blacks, a million dollars ought to go to the Latins. I don't have any problem with that. Mr. Carollo: Well, I wish that a lot more people would have agreed with me when I was opposing all this stuff that was going on. Ms. Ayres: Only when you are right, because you are wrong. Mr. Carollo: Then everybody here, including some of my colleagues and some of the people who are protesting here, v.,ere all. for this. Mr. Gary: Commissoner Carollo, if I may - first of all, this memo of agreement is theirs, not ours. We did not ask for $50,000 for any group. V9 ld 0 Mr. Carollo: I realize that, Mr. Manager. You would have liked to have asked for a lot more than that, but... Mr. Gary: Okay our proposal ... no, not for any group! Okay, our pro- posal does not address, Commissoner Carollo ... this is their memo, their letter. Our proposal does not address giving any money to these groups on an added basis. We are talking about fines, fixing up the streets and doing it in compliance to ordinance. Now, with regard to the Latin and Black stations, over and above this, we are not supporting the $50,000. Over and above what they have here, according to the ordinance, on local origination, the reason the Latins went out on their own and spent their money, and Blacks have not done it, that is not the issue, in my estimation. The issue is, nobody should have to go out on their own, whether they have money, or not, to do it. This ordinance requires that under Section 404, support for local origination programming, that during the term of this license, the Licensee, that is the company, shall provide local origination programming. The Licensee's commitment to local origination programming shall include a commitment to under- take at least the following: establish, equip, and maintain broadcast quality studio facilities and electronic field production and electronic news gathering mobile facilities for local origination programming. Sen. Myers: Which we did. Mr. Gary: Let me finish. I did not interrupt you. Mr. Carollo: Gentlemen, Gentlemen, come on now! Mr. Gary: No, no. This is important, Commissioner. Second, ascertain community needs for local'origivation programming, which ascertainment shall involve community and minority groups. Three, hire staff with specific responsibility to develop and produce local programs responsive to the needs of the community and participate in training programs. Your, providing minority programming, including bilingual programmi.na~that reflects the social, economic and cultural experiences and per_spectus of: Hispanic population, the Black population and other minority and linguistic groups within the City of Miami. and focuses on needs or interests of the particular minority groups with whom the programs identify. Five, provide programming that focuses on the needs and interests of woman, senior citizens, veterans and the handicapped in the City of Miami, and develop and implement job skills and training programs designed to train and employ minorities on an on -going basis and research productions, transmissions, and decision making aspects of local government. The key part, within 90 days after effective date of this ordinance - that is back in October of 1981, the licensee shall submit to the City Manager for approval. a detailed plan, showing how the Licensee shall allocate its dollar commitment among the purposes enumerated in Paragraphs one through six. That is those requirements, along with a dollar commitment, and the plans clearly indicate whether and to what extent staff facilities or equipment will be used for both access programming and local origination program. Now, the key, Com- missioner, is I have had both local origination people beating my door down. First, Evelio Ley with his firm and there was George Greene. Now it is Evelio Ley and now it is Georgia Jones, complaining that they have not gotten the resources from the cable firm to accomplish what the cable firm says they are going to give to the City and particularly to the Latin and Black community. As a result, Evelio Ley told me they were very disheartened about it and he is going to use his own money to get started. The Blacks obviously didn't have any money to get started. Now, the key is, nobody should have to spend money. Mr. Carollo: Okay, now, the bottom... Mr. Gary: Okay, now secondly, if I can, Commissioner, they have sub- mitted a detailed plan to us. We rejected that plan, because the plan, in our estimation was not adequate and would provide a quality studio and quality production, and that issue still has to be resolved, and to say given $50,000 additional,.should not... Mayor Ferre: Doesn't solve it. a second. We have a motion on the floor and ld 40 Mr. Carollo: Mr. Mayor, I would like to ... you know, this is important. Mayor Ferre: Go ahead. Mr. Carollo: The Manager read something in the license. I would like to have Mr. Myers answer if that is correct or not, or partly, or all of it. Sen. Myers: The company is complying with Section 404 that was read by Mr. Gary that was read by Mr. Gary, those common space studio facilities for local origination programming have been and are avail- able. The equipment is there. Programming is now being done from it. It is the Latin group is the one that happens to be taking advantage of it and they are doing programming from it. Any local origination programming of whatever group can be utilized for the studio facilities that have been provided. We are willing to cooperate in addition to that with our private Lessees, the Latin group and the Black group to provide them with studio equipment in their own studios that they want. What they want is their own studio in addition to common this studio. What we are saying is, we will provide it if that is what the proposal was. Mr. Carollo: That whole section from one through six - Can you put it in writing for this Commission just what have you done up to now. Sen. Myers: I can answer that completely... Mr. Carollo: Well, I don't mean right now, Counselor, I mean... Sen. Myers: Yes, ere will. Mr. Carollo:.... if we could receive all of the information as to what has been done to meet the intent of the law and how much monies you have spent and what facilities you have available, etc., etc. Sen. Myers. Yes, Mr. Carollo: Plus, if you would include for me, please, unless you know it verbally, how much George Greene made in dollars for him to drop the channel that he had Ms. Ayres: You need to know about it, because someone is being lead wrong. George Green was not a part of Americable from Day One. There were only five Blacks a part of this whole thing when it first began. That was Georgia Ayres, Garth Reeves, Athalie Range, Terry Meek and Ross High. Americable, I don't know whether he solicited George Greene, or George Green solicited Hermanowski, but after Her- manowski was given Americable, was given the license - the first time when they had it singularly, they when out and got some Blacks and George Greene was that Black person they used. I am telling you sir, what I know to be a fact. I received a telephone call one after- noon from George Greene saying to me "Georgia, where can I meet with you so that we can get programming for the Black community? That was the shock of my life. I said "What programs are you talking about?" "Well, I have the license for the Black community. I aaid, "George, you do not have it, you are not a part of those companies. I and Josh High are the part. They could not give you the license/" He said "Well, I have it.,, I immedidiately called Denver, Colorado and I spoke at that. time with Mr. Alden. He said, "Well Georgia, yes, George struck a deal with Hermanowski. Hermanowski and Mr. Alden told George if you can satisfy Georgia Ayres, then we will sign that license for you. WE have channels, everything, right out here in your car, in front of your building here, where I, at that time was told at that time was told never will I try to give George Greene any license. These two Blacks are Josh High. We will operate and I told Mr. Hermanowski - he caITie to me aIid said "Georgia, George Green is out." I was told by Charlie; later that Goerge Greene was sueing Americable and that he gave George Greene $25,000 to get rid of him. That is the whole thing about George Green. ld 4•i APR 101984 Mr. Carollo: What did he get, $2.5,000? Sen. Myers: Yes, that was the settlement. Mr. Carollo: So Mr. Greene lost interest in the Black community after the $25,000. Okay. Ms. Ayres: And Georgia Ayres, for th record, has never received one dime. When I was here to this Cor,rnission, never one dime. Mr. Carollo: I just wanted to establish on the record what has been going on here, Ladies and Gentlemen. Mayor Ferre: All right, anything else on this issue? We have now a motion to defer the issue dealing with the 10 year agreement portion. Mr. Plummer.: And the penalty. Mayor Ferre: And the penalties. Sen. Myers: I understand on the penalty question that the penalty issue is going to be negotiated or not be negotiated? Mayor Ferre: Obviously, it has to. This whole thing comes together. Mr. Plummer: Well, it has got to be renegotiated based on the fact that this Commission has taken out the $227,000 portion of it. Mayor Ferre: I,et me... Sen. Myers: Mr. Mayor, because this is being deferred... Mayor Ferre: No, no, look. Sen. Flyers: Tire these penalties going to continue to run or do you intend to stop it at one point? Mayor Ferre: Let me... Sen. Myers: I am simply asking. Mayor Ferre: Okay, I will tell you what - you make your statement and then when you are finished, then I... Sen. Mvers:I am sorry Mayor, I just simply wanted to clarify as to what we are going to be negotiating. Mayor Ferre: Now can I continue, and then you can ask your question all over again, all right? I was read- today to vote for a very simple process, which was the agreement that Plummer had outlined for 75 miles to be done in the next12 months, for you to do 10 miles per year for the next 10 years and that was going to be the end of it and as far as I am concerned, no penalties. I am not interested in penalties, okay? Then we get into an argument as to whether it was 10 street miles or 10 cable miles and you couldn't agree with the City. At that point, we are back to ground zero., At that point, Dawkins made a motion to go back and defer this item, Plummer seconds it and as far as I am concerned, we haven't settled anything.' Mi. Plummer: Yes, we have, yeE we have. Mayor Ferre: The only thing we have settled is the fine for interaction, okay? Now, there is a motion on the floor. Is there further discussion? Mr. Plummer: To defer. Mayor Ferre: To df:fer it. (INAUDIBLE BhCKGROUI:D COMMENT) Mr. Ongie: That the matter be deferred. 42 APR 101984 ld Sen. Myers: Is there a time certain on the matter? Mayor Ferre: I am sure at the next Commission meeting. Mr. Ongie: And that the City Manager be instructed to sit down and continue negotiations. Sen. Myers: Paw, Mayor, can I ask you a question? The penalties that are in existence now certainly I agree should he negotiated. Do you intend that these penalties continue to run until the Commis- sion makes a decision, because the higher they get, the }jigger the the staff makes a suggestion to settle. Mayor Ferre: Senator, my answer to you is that we haven't come to an agreement. We haven't come to an agreement! Everything is on status quo. How can we stop anything? Mr. Plummer: Well, let me try and answer that, Senator by the state- ment I made to you once before on the record. It is within the purview of this Commission, if we were to do as what the Mayor has said is in his mind - there are no penalties. This Commisson in effect can say, "No penalties". Sen. Myers: I understand that. Mr. Plummer: So, at the next meeting, it is within the purview of this Commission, we can say - your penalty is $5.00, $500,000, or no penalty at all. Mayor Ferre: I mean, one man's position here, Ken, is I am not interested in penalties. What i am interested in is gettinq the provisos of the agree- ment adhered to. Now, as far as I am concerned, what the Manger has come up with is xcasoniil.'.le. I was ready to vote on It today, except that you get hung up on this first $300,000. Then tie get we up on the 10 miles and then we don't I:ncw what 10 miles is, Whether it in lineal miles, street- miles or whether: it is cable miles and that is where we are at right now. As fear an Second Reading of the other motion, I am ready to vote on that. Are you ready to vote on this other thing? Sen. Myers: Second Reading on the interactive services? Mr. Carollo: The interactive services. Mayor Ferre: Okay, but first of all, that is correct. We have a motion to defer these two issues. Are we ready to vote now? Mr. Plummer: Call the question. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption. MOTION NO. 64-459 A MOTION DEFERRING THE MATTER SCHEDULED FOR THIS DATE IN CONNECTION WITH "MIAMI CABLEVISION"; FURTHER IN- STRUCTING THE CITY MANAGER TO CONTINUE TO MEET AD-D NEGOTIATE FAITH REPRESENTATIVES OF "MIAMI CABLEVISION" IN CONNECTION WITH MATTERS SUCH AS: THE CROSS -OVER PROBLEM, THE CLEP.N-UP OF THE ORIGINAL 75 MILES OF CAFLE ALREADY STRUNG, THE DEFINITION OF STREET MILES VS. CABLE MILE CONSTRUCTION COV24IT1,U NTS AS WELL AS THE C014TINUED DISCUSSION OF PENALTIES ALRI•,AD) IMPOSED. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 43 ld APR 101984 E AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None Mayor Ferre: Now, is there a motion on the interactive - on Second Reading on the interactive is... Sen. Myers: Mayor... Mr. Dawkins: Before we discuss it can I get an opinion from the City Attorney as to did he have time to study it, or do we need more time:? Mayor Ferre: Mr. Ci.ty Attorney? With regards to the interactive ordinance for Second Reading that you have. Do you have that before you? Mr. Garcia -Pedrosa: Yes, sir. V. Mr. Plummer: What is your question? Mr. Dawkins: My question to you is... Mayor Ferre: Do you need more time? ®_ Mr. Dawkins: ... do you advise me to vote to approve this on Second Reading, or do you need more time because I have voted on this on the strength that you are telling me that it is okay? Mr. Garcia -Pedrosa: Commissioner, I thin): the ordinance has been the subject of continued discussion between First and second Reading. If you are not going to resolve the whole business today, which obvious- ly you aren't, I would recommend that you let us come back with this for Second Reading and simply defer from today until the next meeting. Mr. Dawkins: That is your professional opinion? Mr. Garcia -Pedrosa: Yes, sir. Mr. Carollo: So much for that. Sen. Myers: Mayor, the Commission has made itself extremely clear on this whole issue of interactive services. Mayor Ferre: Yes, sir. Sen. Myers: What I would respectfully ask is that you lay the issue to rest by adopting this ordinance on Second Reading. We have to get some changes which we have discussed in the passed out with several of you - I think perhaps all of you. Mayor Ferre: Senator Myers, I am willing to vote for that ordinance the way it is, because I am in agreement with it, okay? I don't need any other ... but I can't impose my will on anybody else. I am happy to take a motion if somebody wants to make a motion one way or the other. i am voting for the motion! I am telling you up front. I think that we have argued this thing long enough. I am ready to vote on it on Second Reading. ' _ Mr. Dawkins: But, I cannot.vote on it because I am already in court now with the Chief of Police, for voting on stuff, and right now I am going to follow the will of the City Jttorney. He says that I should not vote on this, and I will not be voting on this and I will excuse myself from the room to be sure 1 don't have to vote on it because the City Attorney says I shouldn't. ld Mr. Plummer: Kenny, I don't see where ... this Commission has gone very, very clear in spite of the Administration - I don't see where it is that important for Second Reading. 8. AUTHORIZE: PAYMENT TO ATTORNEY GEORGE KNOX FOR LEGAL SERVICES RENDERED III CONNECTION WITH FILES EXAMINATION OF FOR14ER CHIEF OF POLICE. Mayor Ferre: Mr. Manager, we have the question of the compensation of Mr. Knox, for the time that he has expended in the matter of the Police Chief. is there a motion for $28,302.50. Mr. Dawkins: So moved. Mr. Garcia -Pedrosa: Mr. Mayor, you are expanding the call of the special meeting for that purpose. Mayor Ferre: No, sir, I am not expanding the call. If you will read my memorandum, it says "All pending and unfinished agenda items on the scheduled meeting of April 5th". This was Items S-5, so we are not expanding the call. It is in the call. All right, there is a motion by Commissioner Dawkins on S-5. Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION I40. 84-460 A RESOLUTION AUTHORIZING THE PAYMENT OF $26,302.50 TO PAUL, LANDY, REILEY & HARPER FOR LEGAL SERVICES RENDERED IN COIZMCTION WITH THE RECENT PUBLIC RECORDS DEMAND FOR THE FILES KEPT IN THE POLICE CHIEF'S OF- FICE WITH FUNDS THEREFOR ALLOCATED FROM POLICE DEPART- MENT BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution.was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None ON ROLL CALL: Mr. Carollo: In voting "no" I would just like to state that I am glad that there are 24 hours in a day, otherwise the bill would have been much greater. Mr. Perez: I vote "yes" as a matter ethics. r ld 0 APR 101984 NOTE FOR THE RECORD: Agenda Item S--4 was deferred. 9. PORT BRIDGE AGREEMENT WITH METROPOLITAN DADE COUNTY. Mayor Ferre: The next one is the agreement for transportation improve- ments to provide access to the Port of Miami as submitted by the Mana- ger. Are you ready to vote on that? Mr. Manager, are you recommending that? Mr. Gary: Port bridge agreement. Mr. Plummer: Oh, yes, I will move it. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Mr. Plummer: Yes, under discussion... Mayor Ferre: Wait, a minute? You stand on this? You are recommending this, right? Well, put it into the record, this has your recommenda- tion, okay. Mr. Gary: Yes, sir. Mr. Plummer: Mr. Mayor, under discussion. I want to put on the record and I want that to be accompanied by a letter from the Manager that the City expects and demands the same kind of cooperation from the County that we are doing by approving this today. We spoke the other day that we are sick and tired of going to the County and having them completely disregard us. I want a letter attached to that, Mr. Manager, that in the spirit of cooperation, in expediency we are doing this to expedite for the County. We expect and demand the same thing in return. Mayor Ferre: Are you ready to vote? Moved and seconded on S-2. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 84-461 A MOTION APPROVING ITEM S2 FROM THE CITY COMMISSION SUPPLEMENTAL AGENDA OF APRIL S, 1984, NAMELY, ACCESS BRIDGE AGREEMENT (DADE COUNTY). Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joy Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Depetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None C V APR 1 p t984 ld ---------------------------------------------------------------------- 10. COMMEND AND THANK CONGRESSMAN CLAUDE PEPPER FOR HIS EFFORTS IN CONNECTION WITH PROPOSED PORT OF MIAMI TUNNEL. Mayor Ferre: I would like to now move that we commend and thank 0 Senator Claude Pepper for the unbelievable job he has done in congress in getting us $10,000,000 to get going on the design and engineering study and design of this tunnel. It has been moved and seconded. Call the roll, please. The following resolution was introduced by Mayor Ferre, who moved itE. adoption: RESOLUTION NO. 84-462 A RESOLUTION COMMENDING CONGRESSINGMAN CLAUDE PEPPER FOR HIS UNFLAGGING EFFORTS IN OBTAINING FEDERAL FUND- ING NECESSARY FOR THE DESIGN STUDIES IN CONNECTION WITH THE PROPOSED TUNNEL TO PROVIDE ACCESS TO THE PORT OF MIAMI ON DODGE ISLAND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution,was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor. Maurice A. Ferre NOES: None ABSENT: None 11. WATERFRONT BOARD APPOINTMENTS (DEFERRED). Mayor Ferre: We need to have the Waterfront Board appointments. Mr. Plummer? Mr. Carollo: I would ask that be deferrred. Mr. Plummer: I respect that. Mr. Dawkins: Second. Mayor Ferre: Okay, now Joe, that is fine, but this is the second time we have deferred it, so please let's try to get that done by the 26th. Mr. Carollo: Maurice, I am sorry, but I was not of the opinion that it would be brought up today.. Mayor Ferre: Fine, I've got no problems. It was part of the left things we had. ld 47 APR 1019RA C 12. MOTION OF INTENT TO RETAIN MS. ATFALIE RA14GE AS A IOBBYIST FOR THE CITY OF MIAMI IN TALLAHASSEE. Mr. Carollo: Yes, I would like to make a motion that we retain Ms. Athalie Range as spacial lobbyist for the City of Miami in Tallahassee to work with Rick Si.sser on the needs of the Black community in Miami. Mayor Ferre: For how much? Mr. Carollo: As stated previously, fifteen thousand dollars a year plus expenses. Mayor Ferre: Is there a second? Mr. Perez: I second it Mayor. Mayor Ferre: Further discussion? Mr. Plummer: Yes, Mr. Mayor. Mayor Ferre: Go ahead. Mr. Plummer: I had asked at the last meeting, I have not received a copy of a contract which she would be given if approved and what the scope of ,hat her responsibility would be. I have not seen that. Mayor Ferre: This is a rrotior) of intent, obviously, before it would be finalized that \,;ould have to be done, but since the Legislature is in session, I think it i.s i_.rr1 J t :nt that we vote or1 this too that the Manager and i,s . Range 1:roth lcraotis that one way or the other t1lat it's going to be done. Oh, is there Fec0r1d to this mati.an? Olc. 7? motion of intent. Further diEcussi.on? Tlz:i.ght, the motion -lien j-s th t the Manager is instructed to negotiate this, come back with a contract and a scope of the work, bring it to the members of the Commission and unless the members of the Commission object to it... Mr. Plummer: (CO1Q ENT INAUDIBLE) . Mr. Dawkins: Go ahead and pass it because I have got... let's pass it and get through with it, because I have got a statement I'm going to read after it's passed. Forget about it. Mr. Gary: Well, you are going to miss the time... Mayor Ferre: No, no, we are authorizing you to institute this provided that before you finalize it you give members of the Commission a copy of it and veto it and I will call a special commission meeting to do it. Mr. Plummer: Well, you see, I want to make the record clear. Mr. Gary, _ I tried to avoid that today. At allapattah I asked you to provide to this Commission prior to this meeting a copy of the contract and the area of responsibility so that this would not happen today. Now,... Mr. Dawkins: Ok, Mr. Mayor, I would like to read a statement. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION 110. 84-463 A MOTION AUTHORIZING hND DIRECTING THE CITY MANAGER TO BEGIN NEGOTIATIONS WITH MS. ATH.ALIE RANGE TO BE RETAINED AS SPECIAL LOBBYIST TO WORK IN CONJUNCTION WITH OUR EXISTING LOBBYIST IN TALLMiP.SSEE ON MATTERS CONCERNING TEE CITY OF MIP.t I ),T A PROPOSED SALARY OF $15,000 PER YE7:R; FURTHER IN.S'TPUCI'ING TU 1�'.NAGER TO BRING BACK THE PROPOSED CONTRACT a ) VIIE CITY COMMISSION FOR SUCH CON'TRhCT TO I2ICLUDE TTtE PROPOSED [� SCOPE OF S1'CQESTP,ILIZ`1 GR I:S. Rz1aG _; 1984 u,I Upon being seconded by Commissioner Perez,'the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None. FURTHER DISCUSSION: Mayor Ferre: Alright, go ahead. Mr. Dawkins: Mr. Mayor, I would like to read this statement. The way this Commission functions never ceases to amaze me. Often times what is a policy today may or may not be a policy tomorrow, but rest assured that this Commission's action always revert back to a previous no, no, and say yes, yes. I find myself constantly trying to ascertain which way an issue will be voted on and by which members of the Commission and I have yet to miss calling a vote when the majority consist of Mayor Maurice Ferj;e, Commissioner Perez and Carollo. May be it is by chance or luck, but I am always right. As a neophyte Co,uaissioner I labored under the impression that the political science I learned in college could be practiced in this Commission, that is, that politics is essentially the art of compromisj.nu. Put I have lca ncd s.ince sitting on this Comnlissi.on that politics is, the art: of contr.ollina a majority of three votes at C,_ll t:imcs. I'm not complaining, bccause co;nnlaining would change nothing. I ,am merely stating the Pict;_. On thi, pccial Commission meeting today Itcm V2 hired Ms. Range a:, a l.obbyi ;t for ttic- City of Miami in Tallahassee. This raises a iiunber of questions as to the sincerity of this Commission action. I would like to know the following-. What is the nature of the City of Miami's 1984 Legislative package that make this Commission conclude that our present lobbyist cannot be successful? Why was one lobbyist adequate last year and not this year? Is our legislative agenda heavy enough to require more than one lobbyist? Please if anyone up here can explain to me why we need one and a half lobbyist this year since Ms. Range was hired for the Legislative session only if she was hired for the full year as a lobbyist, then she would be a full lobbyist. Another thing that concerns me is if Mr. Sisser cannot do the lobbying job that the City requires, why are we retaining him? Is Mr. Sisser here? Since he is not then Mr. Sisser should be able to come before this Commission and express to me that he need help to bring home the beef. If not, I think we should have postponed this until Mr. Sisser appears to say that I actually need help. What is going to be the responsibility of Ms. Range as opposed to the responsibilities already carried out by Mr. Sisser? In other words, what is Ms. Range going to be doing that Mr. Sisser is not doing now and is not able to do as a lobbyist for the City of Miami. Joe Carollo, for the last year and a half I have sat here and watched you practice Republicanism and Conservatism. First I heard you complained that people in adminstration are paid too much money, especially the Police Chief. Remember? You voted no more special funding requests and yet if you will check the records you will see where you have constantly voted to pass out doles. Oh, yes and by the way Mr. Gary's salary is your regular soap box issue, you constantly complain about the money paid Mr. Gary. Then you went to Mr. Gary's auto repairs. Why was so much money spent there and why was it excessive? All and all your theme has been not to spend money, but now today you want to hire two lobbyist to do the job for one, but Joe, this is nothing wzusual for you. Let me refreEh your memory, you were the most vocal one here who want the Chief of Police fired and now he is your best friend and you his strongest supporter. You dial not endorse Maurice Ferre on T.V., Rennernber that? Only time will tell what you may or may not do next. Is this support for Ms. Range a caaTiouflage for your over reaction to other Flack issues? ivow, you of all people are voting to hire an extra lobbyist when I do not see the Hiring is necessary or as been adequately justified by the ConuTiission. Joe, I'm 49 APR 10 1984 ashamed of you, but that just goes to show that when the three Latin votes decide what it is, the hell with what's fair and you can bet your sweet life the only time I'm sure of.what you are going to be doing is when I'm sure that I don't know. Some further questions that I mould like answered, How much will Ms. Range he paid? Now much are we paying Mr. Sisser? What is the total amount of expenses that Ms. Range and Mr. Sisser will be provided for? What benchmark criteria will be used to measure the effectiveness of Ms. Range for the money that City of Miami paid? I would like to tell this Commission this smells and it needs an airing out. What I mean by this is the Black community constantly vote for the majority of the people sitting on this Commission. At the last election ninety-seven percent of the Black votes cast their votes for Mayor Maurice Ferre. Prior to that in the other election ninety- three percent of the Black votes cast their votes for Maurice Ferre, Demetrio Perez and Miller Dawkins and yet they receive nothing but pittance. What the Black community end up with is eight hundred thousand dollars for a public Pantry Pride, little pittance jobs like this fifteen thousand dollars for Ms. Range and yet we constantly have poor housing, high unemployment, poor health care services in the Black community and nobody is concerned, but they pass out these tidbits and then when time comes for election they say "oh, yes we gave Ms. Range a fifteen thousand dollar a year job. See how good we were to y'all". It's time that the Black community wake up. I think the total Black community should be insulted that having supported us so heavily, that the first project that we voted for when this Commission met, the first project out the box was Watson Island, the second project- out the box was Bayside._. We still got high unemployment, we still got poor health care services, we still got poor housing. I would like }.now what this Commission plans to give to the Black community, nothing. And I for one ELM very, very insulted that we would sit here and vote for this. I -,ant those of you on the Conunission to know that I realinne this is not a Black issue, Ms. Range is Black and so is the gentlemen whom I reconinended NO)o is well qualified Mr. Joe Lange Kershaw is also Black. Mr. Mayor, I worry that you, Commissioner Perez and I have yet to bring the beef home to the Black community. We keep on talking about the bond is ue. Black people constantly pass the bond issues, but what do they get in return? The jobs are not there, poor health care services is still there and poor housing, but yet Black people turn out in masses and vote. In fact Les Brown constantly said during your last election 14r. Mayor. " The Mayor didn't have but one vote". Now, when I run again I want to hear Les Brown tell the total Black community Miller Dawkins had one vote and he can't do nothing with one vote like he said for the Mayor. Are our City officials really concerned about the total population comprising the City of Miami or are they just concerned about those Black individuals who lead people to the polls to vote for them. I feel that if this Commission was truly interested for the good of the total community, especially the Black community it would have supported my request to hire Representative Kershaw who is familiar with lobbying, who has been a representative for twelve years who could have walked into the Black rooms and get the job done. I have no fear in my mind that Ms. Range will do a good and effective job as she does always because her heart is with the City of Miami, especially in the Black community, but being that we are governed by Mason Rules and since that is a majority wish of this Commission the majority of this Commission rules that Ms. Range be hired. Thank you, Miller Dawkins. Thank you, Mr. Mayor. Mr. Carollo: Mr. Mayor, if I may real briefly. I'm not going to answer a lot things that are of a personal level between Kr. Dawkins and other people, but I would just like to briefly state that Mr. Dawkins kept referring to his so-called where is the beef, where is the beef. Well, I would just like to state Mr. Dawkins, that your where is the beef just doesn't cut the mustard. Mayor Ferre: Ok, we stand adjourned. 50 APR 10 1984 ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 12:15 P.M. MAURICE A. FERPE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk IN W= DOCUMEfff IDENTIFICATION COKIISSION RETR IEVAL ACTION AITD--,CODE NO. SUPPORTING THE EFFORT OF MIAMI INTERNATIONAL AIRPORT (MIA) R-84-454 AND THE DADE COUNTY AVIATION DEPAR'l= TO SEEK A THREE yrj�l EXEMPTION.FRGI FEDERAL AVIATION REGULATIONS (FAR) 36 & 91E UNTIL JANUARY 1, 1988; URGING THE FEDERAL AVIATION ADMINIS- TRATION (FAA) AND OTHER AGENCIES INVOLVED IN THE DECISION OF WHETHER TO GRANT AN =IPTION RELATING TO MIA TO CONISIDE ALL PERTINENT FACTORS AND TO GRANT THE REQUESTED =IPTION FRCM FAR 36 AND 91E FOR INTERNATIONAL OPERATIONS AT MIA UNTIL JANUARY 1, 1984 AUTHORIZING THE PAYMEN'T TO PAUL,BEILEY & HARPER FOR LEGAL R-84-4650 SERVICES RENDERED IN CONNECTION WITH THE RECENT PUBLIC RECORDS DEMAND FOR THE FILES KEPT IN THE POLICE CHIEFS OFFICE. CCVMMING CONGRESSMAN CLAUDE PEPPER FOR HIS UNFLAGGING R-84-462 EFFORTS IN OBTAINING-, FEDERAL FUNDING NECESSARY FOR THE DESIGN STUDIES IN CONNECTION WITH THE PROPOSED 7UHM TO PROVIDE ACCESS TO THE PORT OF ALLAMI ON DODGE ISLAND.