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HomeMy WebLinkAboutCC 1983-09-16 Minutes6 OF NESTING HELD ON f OF MIAMI 0 September 16, 1983 PREPARED DY TH1= OFFICE OF THE CITY C" CITY HALL PAU% 6 ONGIE CITY CLERK !1 a ITEM N0. M�� SPECIAL SLLECT SEPTEMBER 16, 1983 QRDINANCE OR MSOL TION MOO PAGE NO. 1 APPOINTMENT OF SERGIO RODRIGUEZ AS MEMBER OF THE BAYSIDE SPECIALTY.'CENTER REVIEW COMMITTEE R-83-828 1-2 2 DISCUSSION OF U.D.A.G. GRANT BY FEDERAL GOVERNMENT RELATING TO CHRISTIAN HOSPITAL. DISCUSSION 2-4 3 DISCUSSION AND TErT ORARY DEFERRAL OF MISS. U.S.A. PAGEANT AGREEMENT. (SEE LABEL #5). DISCUSSION 4-8 4 BRIEF DISCUSSION REGARDING TRASH RECEPTACLES IN COCONUT GROVE. DISCUSSION 9 5 CONTINUATION AND MOMENTARY DEFERRAL OF DISCUSSION OF MISS. U.S.A. PAGEANT AGREEMENT. DISCUSSION 9-17 6 DISCUSSION OF PROPOSED BOND ISSUE TO BE PLACED IN THE MARCH 1984 BALLOT. DISCUSSION 17-18 7 CONFIRMING RESOLUTION: ALLOCATE FUNDS AND AUTHORIZE GUARANTEE BOND IN CONNECTION WITH "MISS. U.S.A. PAGEANT". R-83-829 18-19 8 DISCUSSION ITEM: USE OF PBC (PRECINCT BALLOT COUNTERS) IN SELECTED PRECINCTS-NOVEMBER 1983 ELECTION. DISCUSSION 20-22 6 f MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 16th day of September, 1983, the City Commission of Miami, Florida, met at its regular meeting place in said City in Special Session to consider business of public import, namely, Bonds for the Police Department and the Parks and Recreation Department. The meeting was called to order at 3:05 P.M., by Mayor Maurice Ferre with the following members of the Commission present: ALSO PRESENT: Commissioner Joe Carollo Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre Howard V. Gary, City Manager Jose Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An Invocation was delivered by Mayor Maurice Ferre, who then led those present in a pledge of allegiance to the flag. 1. APPOINTMENT OF SERGIO RODRIGUEZ AS A MEMBER OF THE BAYSIDE SPECIALTY CENTER REVIEW COMMITTEE. Mr. Gary: We have three items that are emergency in nature and need to be considered. One is the replacement of Jim Reid on the Bayside Committee. You know those proposals.... Mayor Ferre: What? What is the Bayside? Mr. Gary: The Bayside Committee. Jim Reid was my appointee on the Bayside Committee. Mayor Ferre: Yes. Mr. Gary: I need to make a replacement in there in order to have the board constituted properly. Mayor Ferre: Who do you want to replace him with? Mr. Gary: Sergio Rodriguez. Mayor Ferre: Does the Commission have to act on that? Mr. Gary: Yes, sir. Mr. Plummer: So move. Mayor Ferre: Moved by Plummer. All right, this is a special City of Miami Commission meeting. The first item of which is to replace the appointment by the City Manager of a member of the Bayside Specialty Center Review Committee. The Manager has decided to substitute Jim Reid with Sergio Rodriguez, who has taken his place. Plummer has moved. Is there a second? Mr. Carollo: Second. 01 *SEP 161983 sl 4 0 Mayor Ferre: Seconded by Carollo. item? Call the roll, please. Is there any further discussion on this The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-828 A RESOLUTION APPOINTING A CITY OFFICIAL TO REPLACE JIM REID AS A MEMBER OF THE BAYSIDE SPECIALTY CENTER REVIEW COMMITTEE. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins 2. DISCUSSION OF U.D.A.G. GRANT BY FEDERAL GOVERNMENT RELATING TO CHRISTIAN HOSPITAL. Mr. Gary: Next item, Mr. Mayor, is an item which Congressman Pepper has been fighting for for a long time. That is the Christian Hospital development. We have been given a U.D.A.G. grant by the Federal Government which was spear- headed by Senator Pepper. What you have before you is a request to authorize the City Manager to accept that grant and to work out the negotiation with Christian Hospital people with regard to that project. Mayor Ferre: Is there a motion? Mr. Plummer: So move. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Mr. Manager, on the record, so that we don't have any misunderstanding, as you know, the head of the hospital finance authority of the City of Miami is Mr. Charles Gottlieb. Several members of that authority and Mr. Gottlieb have mentioned to me their preliminary conversation with the Christian Hospital. I, in turn, told Mr. Gottlieb that this was a matter of importance to Senator Pepper and that it was important to the City of Miami, and that it was important to the Black community, and that it was important to the Commission and to myself. However, I have a great sense of confidence in the intuition, intelligence, and ability of Charlie Gottlieb and Bill Goldrich and the others on that committee. It is their opinion that unless that whole operation is substantially profes- sionalized, that it is destined for a very ugly doom. I will vote with this motion, but I will only do so on your telling me personally that you will call Dr. Simpson. Is Dr. Simpson here today, or any of the representatives of the Christian Hospital? If you will tell me that you are going to tell Dr. Simpson and his associates, Tony Esteves and the other new associates, that this is to be a real straight arrow operation and that he really needs to bring on board qualified professional people, because I don't -and I hope I'm not trying to be an alarmist, nor do I want to be prophetic- but I don't want to be sl 42 SEP 161983 Mayor Ferre (Con't): embarrassed five years from now if something goes wrong with this whole operation and even though the City of Miami's full faith and credit is not involved, I don't want to be in any way embarrassed. There is enough there -that is not wrong- I'm not saying that there is anything bad, or dishonest, or whatever, but there an an awful lot of loose strings hanging out there. I don't want the City of Miami to be embarrassed. I'm not in any way casting out any kind of disparaging remarks about Tony Estevez, Dr. Simpson, or the other people that are trying to put this thing together with Claude Pepper. I mean if it has Claude Pepper's stamp of approval, that's good enough for me. But I think you know what I'm talking about and we have to be very careful on this. Mr. Gary: Mr. Mayor, in response to that, I agree with Mr. Gottlieb's assessment, because I found it very difficult to deal with the Christian Hospital people in view of their lack of administrative ability in carrying out certain functions that are their responsibility. I have conveyed' that to them and I will convey it to them again. I also agree with you that we are playing a small part, even though it's significant in this whole project in that it's pretty much a tri-party agreement between the City, the Federal Government, and particularly the Health Facility Authority, which will be responsible for levying of the bonds. But we are pretty much on the outside. I will convey that to them.... Mayor Ferre: Yes, but guess whose name is going to be in the front of those bonds? Mr. Gary: I fully recongize that. Mayor Ferre: It's going to say Howard Gary, Manager; and it's going to say Maurice Ferre, Mayor; and it's going to say J.L. Plummer, Vice Mayor; and it's going to say -oh yes, because it's going to be done this year- Joe Carollo, Commissioner, and so on. And what is going to happen is that I don't want to be.... And it isn't Dr. Simpson. The problem is that Dr. Simpson is being paid to be a front. Mr. Gary: Exactly. Mayor Ferre: That's what bothers me. Mr. Gary: It bothers me seriously too. Mayor Ferre: I don't know who else... All right, O.K., I think we understand each other. Mr. Gary: I think that it's important to note that our involvement is only in terms of assisting them in getting their U.D.A.G., which the Federal Government has provided. We have very little input into the process. Mayor Ferre: Howard, that's exactly the point. It's got your name on it. It says City of Miami. You are the Manager. It has your name on it. When those bonds are issued, it's going to say City of Miami. We may have no involvement and we may have no say, but if something goes wrong, we know whose name is out in front. That hurts us in our ratings and a lot of other things. Mr. Carollo: Not only that, Howard, I think we've had enough problems as of late with allegations of taxpayers monies being misused and misspent. I don't want to run into any additional problems, especially something of this category. I understand that Dr. Simpson has a very close relationship, if not personal, businesswise with a member of this Commission, and some of the people that were involved with the building project called JACAROL, if I recall. But I think that we have to put all aside and deal with the realities. The realities are that we're going to a very dangerous gray area here that I don't think we should be going into. Mayor Ferre: Claude Pepper is for it and I'm all for it. I just want to make sure that all the "t's" are crossed and all the "i's" are dotted. Mr. Gary: We'll do it with regard to our $3,000,000 part. 03 sl SEP 161983 Mayor Ferre: I'm all for the project with Tony Estevez and Dr. Simpson and all that. But that's not the point. Mr. Plummer: Let the motion, then, include, Mr. Clerk, that I move the motion.... Mr. Garcia -Pedrosa: It's a resolution. Mr. Plummer: ....the resolution subject to the safeguards included by the Mayor and comments by the Mayor and Commissioner Carollo, and that the City Manager shall report back if those safeguards are not met. Mayor Ferre: Further discussion? Call the roll. MOTION DEFEATED. On motion by Commissioner Plummer and seconded by Commissioner Carollo, the foregoing motion was defeated by the following vote: AYES: Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: * Commissioner Joe Carollo ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins ON ROLL CALL: * Mr. Carollo: No, I would like to see it all in writing before I give my final. vote to it. Mayor Ferre: Put it in writing and bring it up again and we will vote on it. 3. DISCUSSION AND TEMPORARY DEFERRAL OF MISS U.S.A. PAGEANT AGREEMENT. (See label 5) Mayor Ferre: What's the next thing we have? Miss U.S.A. Pageant? Mr. Carollo: I think there is a memorandum here from the City Clerk that should be of importance to this City Commission. It certainly got my attention. Mayor Ferre: Well, do you want to get to that or do you want to get to the Miss U.S.A. Which is the simplest? Mr. Carollo: If we have to come to a vote for Miss U.S.A., I don't think we are going to have a full consensus here. Mayor Ferre: Do you need three votes or four votes? Mr. Carollo: You need three votes. Mayor Ferre: Mr. Manager, on Miss U.S.A. do we need three votes or four votes. Mr. Plummer: Excuse me, Mr. Mayor, on any item it takes three affirmative votes. Mayor Ferre: I realize that. Mr. Gary: Resolution is three votes. Mayor Ferre: The tradition around here used to be -and I don't know whether sometimes traditions around here change- but the tradition always was, Joe, that when a person voted against that item once it was adopted by the majority 81 04 SEP 16 1983 Mayor Ferre (Con't): $of the Commission, in the future, even Rose Gordon -God bless her- used to vote for things that she had voted against. So I don't have any problems unless.... Mr. Carollo: I certainly don't. Mayor Ferre: Joe, you voted for Miss U.S.A. Mr. Plummer: What is the issue? Mayor Ferre: Unless it is a new issue, what is.... Mr. Plummer: What is the issue? I don't even know what the issue is. Mr. Gary: I'm having copies made, but the issue is that.... Mayor Ferre: Is it a confirmation of Miss U.S.A., or what? Mr. Gary: The way that the motion was worded, it placed three or four conditions upon the City Manager before he could release funds. Based on the agreement that was worked out with the Miss U.S.A. Pageant people, those conditions cannot be met prior to our releasing the funds within that time frame to sign a contract. Mayor Ferre: Be specific, Howard. Mr. Gary: But specifically, the agreement says that we will pay $125,000.... Mayor Ferre: Up -front. Mr. Gary: ....up -front plus $63,000 for the use of their convention facilities, conditioned upon the fact that Dade County comes up with $125,000 that the State of Florida comes up with $200,000. I'm sorry, Dade County $125,000 plus $25,000 in -kind; the State of Florida $200,000; Miami Beach or some other municipality $100,000. Mayor Ferre: So what is the problem? Mr. Gary: The problem is that I have not obtained the cash from the State of Florida. I've not obtained the cash from the County. I have not obtained the cash from Miami Beach. Therefore, those conditions haven't been met, so I cannot release the money. Mayor Ferre: Let's go over this because I think we have to be very careful at this stage of the game not to get involved in the type of thing that would make us lose this pageant. The question is this, as far as I'm concerned -this is just my personal opinion; I've not discussed .this with anybody - if you get a letter from Merritt Stierheim or Gene Westphal that says you have my assurance that the funds are available and that Metropolitan Dade County has agreed to and will expend T.D.A. approved, or whatever it is. Mr. Gary: It's been approved. Mayor Ferre: $125,000 plus $25,000 in goodies, and when we receive -now follow me- whe we receive the $200,000 earmarked by the State of Florida, for tourist pro- motion of Metropolitan Dade County, that those monies will first and fore- most be used for the purposes of this event. Then I think that complies with both the State and the County portion. Now the Miami Beach portion, in my opinion, is not going to be Miami Beach. I think you are going to get that money from Ft. Lauderdale. Mr. Cesar Odio: Mr. Mayor, in the part of the State, we have the County money. It's been allocated from the 83-84 budget, but they cannot issue a check legally until October 5th. Mayor Ferre: So what? Mr. Plummer: So they want us to put up their money. Mayor'Ferre: No, no, no. Mr. Odio: No, we are not asking for.... Mayor Ferre: No, no, the hell with that. We are not putting up their money. Mr. Odio: We're not requesting that, sir. 05 SEP 16 1983 1 9 Mr. Plummer: Excuse me, you did request that the other day. Mr. Gary: We did request that the other day, but now some other things have occured. Mayor Ferre: No, no, that I'm against. We're not putting up the money for the County. Mr. Odio: The agreement was changed with Mr. Glasser that we would only have to be responsible for $188,000 upon execution of the agreement. Mayor Ferre: That's fine. I have no problems with that provided, Mr. Manager. you get a•letter in hand from either Merritt Stierheim or Gene Westphal that they are commited to the $125,000 and $25,000 with goodies and that the $200,000 that they are going to be getting from the State for whatever tourist purposes, that the first $200,000 will be earmarked for this event. That's good enough for me. Mr. Odio: On the State part, sir, the commitment was directed from Lieutenant Governor Mixon and Ed Gilbert, Director of Tourism. What they said was that they would recommend that $200,000 per year be put in a line item budget in their next year's budget specifically for Miss U.S.A., Miami. Mayor Ferre: The Cabinet has that vote? Mr. Odio: It would be up to the legislation to approve the budget, but the Department of Tourism will recommend that the line item budget be placed there. Mayor Ferre: That's good enough for me. If you get a letter from Wayne Mixon saying that it will be on his, on the Governor's line item budget for the budget to be approved in April, 1984 by the Legislature, I am sure that Barry Kutun and Jack and others will come through for us. Mr. Odio: I will try doing that, but I want to warn the Commission that legally if we do not deliver a check to Miss Universe Pageant, Inc. by Monday or Tuesday.... Mr. Plummer: Miss Universe or Miss U.S.A. Mr. Odio: The corporation is called Miss Universe Pageant, Inc. If we do not deliver a check Monday or Tuesday, that legally we are in violation of the agreement. Not we, but the Greater Miami Host Committee. He could actually cancel the agreement. Mayor Ferre: That's fine. We're going to have to take that chance, because I think you need to get -I would accept a letter signed by Wayne Mixon. I would accept a letter signed by Merritt Stierheim, but you have to get some kind of a letter from somebody saying it. Mr. Plummer: Let me ask the area that I'm more concerned, Cesar, or Mr. Gary, whatever. This Commission guaranteed up to, aside from the $188,000, and aside from that, aside from the beach, aside from Metro, and aside from the State. If we sign this agreement, and we come up with our $188,000, are we not guarantying, by virtue of signing, that in fact if these others who have said they intend to who don't, aren't you in effect increasing the size of that bond, that guarantee? Mr. Odio: No, you are not increasing the size of the bond. Mr. Plummer: No, the guarantee. Mr. Odio: You are not. The guarantee is up to $500,000. However, let me reply to your question. I think if we only come up with $188,000 and nothing else, the difference between $500,000 and $188,000 we would be liable. Mr. Plummer: That's exactly the point I make. No, more than that. Mr. Odio: No, sir. sl SEP 1 61983 Mayor Ferre: No, whatever we give is deducted from the $500,000. Mr. Odio: That is correct, sir. Mr. Plummer: Whatever we give, but what about, Mr. Mayor, look, you know, I love Wayne Mixon. He's a great guy. But Wayne Mixon does not vote on the approval of the budget. Mr. Odio: That's correct. Mr. Plummer: He can have a lot of clout. I'm sure that, you know, as much as I'm sitting here.... Mayor Ferre: J.L., the problem with that is that we'd have to wait until April. Mr. Plummer: The question is, Mr. Odio, if we approve right now and for some reason whatever reason, the $200,000 is not coming forth from the State. Mayor Ferre: We're stuck. Mr. Plummer: What happens? Mr. Odio: Your liability would be as per the bond guarantee, the difference between $500,000 and the $188,000 and the $125,000 that the County has given. Mr. Plummer: That's out of the $500,000 guarantee not out of the aside money. Mr. Odio: No, sir. Mr. Plummer: Mr. Odio, I think you are wrong. Mr. Odio: Well, no, let me explain what I am saying. Mr. Plummer: Let me tell you why I think you are wrong. My mathematics tell me that this whole total was 1250. Take away the $500,000 guarantee, take away the 489, which is the combined total of the pledges of the City, the Beach, Metro, and the State. Mayor Ferre: Wait, the Beach.... Mr. Plummer: What was that? Hold on, it was.... Mr. Odio: You have City, County and State. Mr. Plummer: And the Beach; that was included in the presentation. Mr. Odio: And supposedly the Beach or somebody else. Mr. Plummer: But you have 125, 125, 188, and 200: $738,000. That 738, that is 8, 3, I stand corrected. Mr. Odio: Let me repeat it for the record, Commissioner. You are guarantying, no matter what happens, up to $500,000. I have the bond; I haven't released that because I won't until I'm sure he is not walking out of the other. If you guarantee up to $500,000, and we already have $313,000 committed funds, because you voted for it, you know the Tourist Development Council and the County Commission approved it, your liability at this point would be the difference between $500,000 and $313,000. That's what the liability would be. Mr. Gary: Wait a minute. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 07 bpi sl SEP 1619W Mr. Plummer: Mr. Mayor, I would ask the City Attorney to address this problem. Mayor Ferre: Mr. City Attorney. Mr. Garcia -Pedrosa: Mr. Mayor, the resolution which was prepared provides in section 2-a that the performance of the Greater Miami Host Committee Inc. is the subject of the $500,000 guarantee. That is different from the $188,000, so that if you pass the resolution in the form presently drafted, the possibility could exist that you could expend the $188,000 that the Greater Miami Host Committee Inc. might default on its performance and that your $500,000 guarantee could kick in in full. Mr. Plummer: So then your guarantee goes in to $688,000? Mr. Garcia -Pedrosa: Well, your total exposure goes to $688,000, yes. Mayor Ferre: That's not the agreement. Mr. Odio: Could I ask you a question, Mr. City Attorney? If the $188,000 is not turned in and we have a bond already presented to them, we would lose only $500,000. Mr. Plummer: Only? Mr. Garcia -Pedrosa: Yes. Mr. Gary: Yes, but if you pay it though.... Mr. Odio: But if we pay the $188,000.... Mr. Gary: You are saying we lose the $188,000 plus the $500,000. Mr. Garcia -Pedrosa: And the.... Mr. Odio: Would you lose both? Mr. Garcia -Pedrosa: Yes, because.... Mr. Plummer: That's my concern. Mayor Ferre: No, let the record reflect that is not the deal. That's not the way it was understood. $500,000 is the total maximum exposure to the City of Miami, period, no ifs, ands, or buts. We went through one of these things with a fellow by the name of Bob Shevin and Joe Robbie before. Let's not make any legal mistakes, Mr. City Attorney. Mr. Plummer: Mr. Mayor, I would suggest that Mr. Odio and the City Attorney get together, and let's go on to some other item. I'd like to get out of here. Mayor Ferre: But I want to make sure that we understand that the intend here is to proceed. We give them the check. The guarantee be limited to $500,000 maximum; and that we get a letter from the County and if we can, the State. I realize that it's not binding and that we can't hold anybody to it, but at least it would show good faith on the part of Wayne Mixon. Yes, sir, Mr. Garcia -Pedrosa, you want to say something. Mr. Garcia -Pedrosa: No, sir, I thought there were sufficient number of votes to do it. We could do it, Mr. Mayor, by just interlineating, if you had a proper number of Commissioners. We'd just limit the guarantee to $500,000 less any sums paid by the City. Mayor Ferre: Why don't you draft it up and then we'll come back to it, as Mr. Plummer said. THEREUPON THIS ITEM WAS MOMENTARILY DEFERRED. SEP 1 61983 sl 0 0 4. BRIEF DISCUSSION REGARDING TRASH RECEPTICLES IN COCONUT GROVE. Mr. Plummer: City Manager, Mr. Mayor, may I ask a favor? I think it is a favor to not just me, but to Mayor Ferre and to Commissioner Carollo, who attended the meeting the other night at the Coconut Grove Playhouse, in which there was a town meeting. It was very, very well attended. Mr. Gary, is there any... Mr. Patterson was here. Did he leave? Mr. Patterson? Anyhow, Mr. Gary, there was an item on two or three different agendas about trash receptacles in the Grove. It was my understanding that the reason we didn't get to that was solely because of time. Now is there some hang up about that thing or could we take the time right now and pass that resolution? These people are really... Do you have a problem with it? Mr. Gary: Yes, I think you need to know some more information. We could pass it now, but that does not mean that they would be able to get trash receptacles even within the next month. Let me tell you why. It is my estimation that ... or it is my opinion that the current trash recepticles that we have now are not adequate for our needs. They get destroyed. They get moved. We are working out in conjuction of the Planning and the Downtown Development Authority a very beautiful, sturdy, and long-lasting trash recepticle, which we would have to go out for bid for, which would be something like chattahoochee type of ... I mean, but it is sturdy. You can't move it. Right now we have a lot of —even store owners moving those things. They are being destroyed. They are putting on their private property for their own use. We can't monitor it. Mr. Plummer: Whnr you are saying is that it is not a simple answer. Mr. Gary: No, it's not. Mr. Plummer: I'm sorry for bringing it up. I tried. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT: 3:35 P.M., RECONVENING AT: 3:45 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT FOR: Commissioner Perez and Commissioner Dawkins. 5. CONTINUATION AND MOMENTARY DEFERRAL OF DISCUSSION OF MISS. U.S.A. PAGEANT AGREEMENT. Mayor Ferre: We are back in session for the clarification, Mr. Garcia -Pedrosa. I have before me here the Fidelity and Deposit Co. of Maryland's signed performance bond, which reads in its main text: "Now therefore the condition of this obligation in such that if the principle...." [meaning the City of Miami] "shall well and truly perform and carry out the conditions of said Motion Number 83-798, then this obligation to be void otherwise to remain in full force and effect." Now, Motion M-83-798 says, and I quote: "A Motion declaring that the City of Miami will limit its liability in connection with the proposed three-year Miss U.S.A. Pageant event to amount not to exceed $500,000 per year, containing a cancellation clause at the end of each year, and further stipulating that the City will issue a bond in connection therewith and further containing a stipulation that the Host Committee shall go out to find other governmental entities to share this annual guarantee burden; additionally sl 09 SEP 161983 9 0 Mayor Ferre (Con't): ....that the Host Committee modify the contract to reflect that nothing is final until the City Manager and the City Attorney sign off on the document as to content and form; and lastly, subject to the various conditions stipulated in M-83-775." Mr. City Attorney, may I have Motion 83-775? As I understand it, sir, this motion specifically states that the total exposure is $500,000 per year and then that it will not be final until the Manager and the Attorney sign off on the document. I asked you, have you signed off on the document? Mr. Garcia -Pedrosa: No. I have not. Mayor Ferre: All right now, have you, Mr. Manager? Mr. Gary:. No, sir. Mayor Ferre: All right, now, this says that nothing is final until you have signed off on the document. Mr. City Attorney, to the best of your legal ability and knowledge, since you have not signed off on it, isn't it not clear that before you sign off on it, you make it patent and abundantly clear that the limitation is a maximum of $500,000. Let me get an answer from him on the record. Mr. Garcia -Pedrosa: Yes, sir, I think that is... Mayor Ferre: When you sign off on it, would you make sure that you will not leave it subject to a capricious and judicial interpretation to the best of your ability? Mr. Garcia -Pedrosa: Yes, sir. I will do that. Mayor Ferre: And then I don't think there is any problem. Mr. Plummer: Clarification. Mayor Ferre: Yes, sir. Mr. Plummer: Is the $168,000 figure commitment of the City, a part of the $500,000, or is it above that? Mayor Ferre: Is is the legislative intent of the maker of the motion, and I think I am speaking of one of the voters on the motion right here - it was the clear legislative intent of the majority who voted for this that the total maximum and complete obligation be no more than $500,000 total, period. Mr. Plummer: Does the City Attorney understand that fully, that prior to his signing off, on this document, that the maximum exposure of the City of Miami is $500,000? Does the City Attorney understand that? Mr. Garcia-Pedosa: That is right, Commissioner Plummer, I understand that. I do want so that the record is clear - that when I expressed to you that the language would not accomplish that a few minutes ago, I was referring to an agreement which the Mayor has said has not been signed off on, either by me or Mr. Gary, and that agreement does need to be changed to reflect what you have just said, which I understand very well. Mayor Ferre: No, sir it isn't that Mr. Plummer has said, it is what the King's language says in black and white in Motion M83-798, and as clearly expressed by the makers of the motion as the clear and undisputed legisla- tive intent of the motion. We have them both here. Mr. Gary: Mr. Mayor, the City Attorney is just raising an issue that he thought the City Commission and the Administration should be aware of. Mayor Ferre: I think that is a wise and and judicious thing to do. Mr. Gary: Mr. Mayor, the fact of the matter is, your legislative intent is fully understood - $500,000. However, what has been agreed to by the the Miss U.S.A. Pageant people, is that we will convey to them a check in the amount of $188,000, plus the $500,000. Mayor Ferre: No, sir. 10 ld SEP 161983 Mr. Gary: Yes, sir, I understand what your intent is. I am not talking about your intent. Mayor Ferre: Howard, let me tell you, Howard Glasser is a very sharp cookie, and 1 do not want to take any merit away from his.... Mr. Plummer: Excuse me, let me simplify... Mayor Ferre:.... ability as a negotiator and as a businessman, but you know, you cannot squeeze blood out of a turnip. Mr. Plummer: Mr. Mayor I am going to simplify it for you. Without Mr. Pantin here, who did the negotiation, so that we do have a full under- standing, if they can reach Mr. Pantin, Jr. to be here prior to our leaving, then we can discuss it. You know, I...let me tell you what my problem is, okay? You know, he came before this Commission and I voted against'it. I made my reasons known, but Mr. Pantin came here in the morning and a certain thing was understood, and yet it came back that after this action of this Commission, he went back and negotiated some- thing else about advancement of the payment. And this Commission was not aware; he came back here crying for help and this Commission helped him. Mayor Ferre: J, L., look. You know, the problem is this. Glasser does this for a business. Mr. Plummer: Oh, I understand. Mayor Ferre: He lives doing this day in and day out. We don't do this for a business. We passed this as a resolution. We do it in good faith as a clear intentioned document. It passed. Now, Glasser of course, is going to get every advantage that he (Cesar, listen to me) can get. I understand that! I've got no problems with that. Glasser has to under- stand where we are at. Now, I think it would be, J. L.,...it is the same thing that I say about Gould, okay? There are a lot of people that don't like Gould. The worse thing that could happen to this town is for Gould to go under! Mr. Plummer: Well, I agree! Mayor Ferre: And I am going to do everything I can to help the man stay afloat, because it is not Gould that I am worried about, it is Miami that I am worried about, and I don't want to be embarrassed - not me, it is not going to embarrass me at all personally. I don't want the City to be embarrassed by after having been awarded Miss U.S.A., to end up with an embarrassment which I think would be an embarrassment for all of us as a community; therefore, I would like to hammer this thing out if we could. Limitation is $500,000. I said it time and time again, if Mr. Glasser does not accept, that is his problem! But I want Mr. Glasser to be the one to walk away and not us be responsible for... if Glasser doesn't want to accept, that is his problem! I think that that is the maximum risk that we can take as a City, which is $1,500,000, which is $500,000 a year! Cesar, any problems with this now? Mr. Odio: No, I have the addendum to the contract, to the agreement that was signed by Pantine and... Mayor Ferre: Does the addendum say differently? Mr. Odio: Yes. Mayor Ferre: Yes or no? Mr. Plummer: Could we have a copy? Mr. Odio: I have a copy for you and memrandums there. Mayor Ferre: Would you submit this into the record, please? I have not seen this document. Mr. Plummer: This is a hell of a way to fly an airline! Give me the copy. (INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD) if] SEP 161983 1a # 0 Mayor Ferre: Let the record reflect that Commission is being given a copy for the first time of this addendum and you will permit us an opportunity to read it ... may I have the addendum, please? Mr. Odio: I fully asked for this, sir, because of the persons that we are getting from New York, we had to prepare this in a hurry today. Mayor Ferre: Cesar, you can get somebody else to make a copy. Why don't you get back to the microphone and explain to us in your words, whether or not, in your opinion, for the record, the addendum in any way is different in the intent of M83-775 and M83-798 as moved, both of them by Carollo and seconded by Perez. Mr. Odio: The addendum is different from the original agreement... is different from the motion that you originally passed because they required cash payment upon execution. Mayor Ferre: I have no problems with that. Mr. Odio: Okay, now the Greater Miami Host Committee does not have any money? Therefore, they came to you and you awarded the $125,000 plus $63,000. Those funds cannot be released to them, because the motion that was passed here very clearly says that until they obtain funds from the County, State -and Miami Beach or other government agencies, the checks were not to be issued. That is Number one, so therefore... Mayor Ferre: Mr. Odic, let's do one step at a time. That has been clarified, I would hope. We haven't voted on it, but sooner or later we are going to vote on it, and the clarifi.ation is that a letter from Merritt Stierheim, or Jean 4;estpaal, for the County is sufficient from our vantage point, and that a letter from either the County or from Wayne Mixon, saying that at next year's budget, they will be proposing this on a priority item if a tourist expenditure is accept- able. That therefore, releases that portion of M83-775, namely 1-A and 1-B. Now, what other problems do you have? Mr. Gary: Mr. Mayor... Mr. Plummer: Let me ask a question. Cesar, let me run you through some mathematics here and tell me where I am wrong. maybe as Joe says, funeral director mathematics are different. We gu.-:::zntee a maximum of $500,000. Write that down. Metro, $150,000. State of Florida, $200,000. Any other agency, $100,000. That is $950,000. Is that correct? Mr. Odio: No. You got $188,000 from the City. Mr. Plummer: That is part of the $500,000. Mr. Odio: well see teats.......... Mr. Plummer: Mr. Mayor, am I correct in that? Mr. Odio: That is the key question, and that is what I don't understand. Mr. Plummer: The $188,000 is part of the City's $500,000 committed. Mayor Ferre: Yes. Mr. Plummer: Okay, now - $500,000 guaranteed, of which $188,000 is part of the $500,000. The City, Metro, State and any other agencies come to $950,000. Mr. Odio: All right. Mr. Plummer: Where is the other $300,000 coming from? Mr. Odio: Well, the obligation in this contract, as I read it - everything there is not cash. We only have cash money to pay to the promoters $400,000, but you will have other expenses, that can add up incluaing cash expenses to $750,000, 12 SEP 161963 ld E] Mr. Plummer: Who is guaranteeing the other $300,000? Mr. Odio: Nobody is, and that's... Mr. Plummer: And that is part of the agreement? Mr. Odio: Right. Mayor Ferre: That is his problem. Mr. Odio: That is right. Now, remember, you will have revenue that you have to consider, because you have the right under this agreement, or the Host Committee... Mr. Plummer: The revenues come to the City. Mr. Odio: They will go to the Host Committee. This agreement is signed be- tween the Host Committee and the Pageant. Mr. Plummer: With the idea that that money is going to come to the City and reimburse us. Mr. Odio: Well, that was not the idea. No, the idea is to cover for the expenses of the contract, which will add up to $1,250,000. Mr. Plummer: In other words, the Host Committee is underwriting $300,000? Mr. Gary: Yes, that is why they will raise $300,000, either through certain events or private sector. I'd like to bring your attention to this addendum. The addendum, in my estimation, the way I read it, and I also try to get interpretation from the City Attorney, says we will pay $188,000 upon execution of this addendum. In addition, which is Number four, we will also provide a $500,000 performance bond, which in my estimation says our liability, accord- ing to this addendum, is $688,000. That is the way the addendum - not your intent, Mr. Mayor. Mayor Ferre: Mr. Manager, it is my opinion that you are totally correct, and I have read this addendum and this addendum is not what the City of Miami's position is, therefore, it certainly is not acceptable to me. Mr. Odio: Okay, we need to know that so we can go back to New York and tell them. Mayor Ferre: Sorry that you didn't realize that in the beginning, but I think we spoke very clearly, and I think, with all due respects to Leslie, he was here. He knew that we said that the maximum exposure for the City of Miami is $500,000, period. I don't want to get into another Joe Robbie who -killed - John situation and interpretation of what commas and periods mean, when we were totally in the right, and yet our judge ruled against us, you know, so I am not about to get into another one of those things. This is not what we agreed to do. Now, I don't blame Mr. Glasser, and I sympatize with Leslie Pantin, who has done a wonderful job, but this is not what these resolutions say! Now, let me read it into the record. This is Page one, and it goes on to Page two, Paragraph four. "For the '64 Miss U.S.A. Pageant, the Host represents..." Host is them, right, or is that us? Mr. Odio: Host is us - The Greater Miami Host Committee. Mayor Ferre: "Host represents that the City of Miami shall purchase a per- formance bond within ten days of execution. This addendum, in the amount of $500,000, which will serve as a full guarantee for 1984." Now, that is fine, provided you put a comma and you say "...of which the $188,000..." Mr. Garcia -Pedrosa: No, no, Mr. Mayor, that is not going to work, because the $188,000 has to be paid upon execution. Mr. Gary: The bond has got to be less than $500,000. Mayor Ferre: Less than that paid in cash by the City of Miami. 'It' SEP 161983 ld Mr. Garcia -Pedrosa: That wouldn't make a lot of sense because if you got to pay the $188,000 upon execution, why would you have ten days after execution to purchase $500,000? Mr. Gary: Mr. Mayor, the bond should be in the amount of $312,000. Mr. Garcia -Pedrosa: That is right. Mr. Gary: Because then, if you add $312,000, plus the... Mayor Ferre: That is going to get everything all confused, because you will still be getting the $500,000 bond, and the $500,000 bond, you have got to make sure that it is clearly understood that any cash contributions goes against that bond. Mr. Gary: Mr. Mayor... Mr. Plummer: He is saying they are going to the Host Committee. Mayor Ferre: Well, the Host Committee is guaranteeing it, but they are stipulating that the City of Miami will. I don't want to get into a lawsuit. Mr. Gary: We are guaranteeing the bond. Mr. Odio: Can I say what Mr. Glasser said? I was there when he said it. His concern is that he avoid what happened to him in Knoxville, which at the end of the last year's pageant he had a deficit of $110,000 and he didn't get paid, and that is what he is trying to avoid. That is the intent of the performance bond on this thing. Mayor Ferro: Cesar, Mr. Glasser is a very intelligent man. Mr. Odio: I know. Mayor Ferre: We are people that have good and honorable intentions. We want Miss U.S.A., but we do not want it badly enough to do illogical things, okay? And our situation is this. The majority of this Commission has gone on record as approving the $125,000, plus $68,000, and guaranteeing a bond so that the total exposure of the City does not exceed $500,000, and that is it! Mr. Plummer: May I ask a question, Mr. Odio? Mr. Odio? Yes, sir. Mr Plummer: I have not seen the addendum; I have not seen the original contract. I'll just ask, and you tell me - is there any reverse protection for the City? For example, does Mr. Glasser, or does this corporation have a guarantee of national network time for the three years. Mr. Odio: Yes, he has a contract with C.B.S. television until 1986. It is also in the agreement with the Host Committee, guarantee that he will have this program on prime time television in one of the three major networks, or the equivalent, thereof. Mr. Plummer: And it is in there for three years? Mr. Odio: For three years. Mr. Plummer: If he defaults - now he is a private company and you know, anything can happen in private companies. What protection does City have - is he giving us a bond? Mr. Odio: No, no, he has not, sir. Mr. Plummer: Well, excuse me. I do not know the gentlemen. I am not casting any aspersions, but he is a private company. We pay our $188,000, and tomorrow, for whatever reason, that company goes broke. It can happen. What guarantee does this City have in non-performance of getting our money back if he goes bankrupt tomorrow? Mr. Odio: There are clauses here where if he doesn't perform, we get our money back. Mr. Plummer: Not if he goes broke! 14 SEP 161983 ld ld Mr. Odio: Well, this company is owned by Gulf & Western, and by Paramount Pictures and he has a three year... Mr. Plummer: I am just saying that he is asking for all of this protection from us. What protection is he giving us in return? Mr. Odio: You are right. Mr. Plummer: You are not concerned about that, Maurice? Mayor Ferre: (INAUDIBLE COMMENT) Mr. Plummer Next item. Mayor Ferre: There is nothing we can do about it. Mr. Plummer: Not a thing! Mayor Ferre: You want a resolution? What is it you want it on to clear all this up? Mr. Gary: Well, the first is, a resolution modifying the.... Mayor Ferre: • No, no, no! Let me just ... J. L., you know, I want to put this on the record. It takes a certain amount of courage to sponsor a Grand Prix. The Grand Prix, the odds are totally against it being a success! It will probably be a financial disaster, you know? Probably, in my opinion, it is going to be. We did it anyway! Why, because it is worth taking the risk, because if it is successful, it will put Miami on the sports map and Grand Prix. Mr. Carollo: You guys didn't tell me that and we voted,... that you thought it was going to be a... Mayor Ferre: This is no different. We are taking a chance. Miss Universe is not ... Harold Glasser is not Ralph Sanchez, and Gulf and Western is a major American Corporation, and this isn't ... he doesn't have to prove anything. He has been putting on this Miss Universe and Miss U.S.A. contests for years and years and years. Today, the St. Louis Post Dispatch, and I understand it, and I would like for you, Cesar, to get an extra copy of the editorial, said that it was one of the best things that ever happened to St. Louis. It was a major event. It gave St. Louis millions of dollars worth of positive, free publicity, seen by close to ninety million people. My God, there is a time in life when you cannot cross every "t", dot every "i", have every paragraph serialized and have it guaranteed by the Treasury and the Pope! It's not... you know, somewhere along the line, you have got to say "Okay, that is enough. It is a gamble, and we are going to gamble!" Now, all I am saying is, Cesar, is that the majority of this Commission is willing to gamble, but the gamble must be limited to $188,000 cash, and a total, a total, a total, if on worse case situation, risk not to exceed $500,000. Mr. Odio: Mayor, what you just said is exactly what we did. Mr. Gary: That is $688,000. Mayor Ferre: No. $18G,000, that has to be deducted from the $500,000... Mr. Gary: $312,000 bond. Mayor Ferre:.... so that the total maximum - everything put together in the pot - worst condition, the thing has been a disaster and we have lost our shirts, we have lost $500,000. That is it! Mr. Plummer: Let the record please reflect that I do not know Mr. Glasser. I was not indicating anything about his personal or his company. I was merely using an example that if something could or did happen, where does the City have its protection. That was the only thing I was asking. 15 SEP 161983 Mr. Odio: Mr. Plummer, to clarify what the Mayor said, because I have to go back to negotiate with Glasser today... Mr. Plummer: I think the Mayor is very clear. I understand. Mr. Odio: He says to limit the liability of the City up to $500,000. Mr. Plummer: The total exposure to the City is $500,000. That includes our $188,000. Mr. Odio: I understand. But, you put the $188,000 and we have got the $125,000 from the County and the $200,000 from the State.... Mr. Plummer: That has no bearing. Mr. Odio: .... and you got up to... say that the contract is $1,250,000 and at the end of the contract, we only raise $1,000,000, your liability is only $250,000, sir, and that is what I have been trying to explain. That was the reason that it was negotiated that way. We are limiting the City liability to $500,000. If the total contract is $1,250,000, and we raise $900,000, we are still within what you want to do. Mr. Garcia -Pedrosa: I mean, that is what you want! Mr. Plummer: You push and lose. Mr. Odio: No, I am not pushing anything. I am using the reasoning that is behind when we went back upstairs to negotiate. We will limit the loss of the City to $500,000. Mr. Plummer: Well, not the losses, because if the City comes up with $188,000, and the losses are $500,000... Mr. Odio: Yes, but that is not bound to happen, because you know that we have $125,000 committed already from the County. We will get a check October 5th. We will get'the money-from'tne-State,' because it was promised by the Lieutenant - Governor. Mr. Plummer: Well, I think what you need to do, Mr. Odio... now, my instructions, and I think that of the Mayor's are very clear, that the total exposure of the City is $500,000. Mr. Odio: But, what I am trying to say, that is what we are trying to do. Mayor Ferre: All right, look. I think we are just retreating over water over and over again. Howard, and Mr. Clerk... Howard, that was Demetrio Perez calling from his car phone. He is up in Hollywood. He said he never got notice of this meeting. Mr. Gary: Well, at the last City Commission meeting you called it at 2:00 o'clock. Mr. Plummer: Well, aAr. Gary, just so the record is clear, I want to tell you what is on my schedule - 2:00 o'clock, Budget Workshop, the COW Room, Solid Waste and Economic Development. I want to tell you that is what is on my... Mayor Ferre: We've got ... did you notify the members of the Commission that we were meeting here today at 2:30 P.M. Mr. Ongie: Sir, our office never does. We got a phone call from Mr. Gary's secretary and we told her that we would post it on the front, and that is all we did. Mayor Ferre: Well, no wonder Commissioner Perez doesn't know! He doesn't know that there is a meeting! He said nobody told him, and you can't blame the man for not being here, if he was not informed by the Clerk's Office, and not informed by my office, and not informed by your office. Mr. Carollo: Gentlemen, I have to leave here by 5:00, because I also was not informed until just today. 16 ld SEP 161983 6 0 Mayor Ferre: Well, there is no way we can do any business that requires four votes. Mr. Carollo: I would suggest that we meet Monday in a Special Commission meeting. Mayor Ferre: I will not be here on Monday. I will be out of the country, and so will Demetrio Perez - out of the City, and Demetrio is going to be out of the country. You only have three votes here, on Monday. We've got a problem! Mr. Manager, what... 6. DISCUSSION OF PROPOSED BOND ISSUE TO BE PLACED IN THE MARCH 1984 BALLOT. Mr. Plummer: Mr. Mayor, I want to put on the record, if I may, as I have with others. I have some very serious misgivings about placing the bond issue being referred to as Police and Parks on the November ballot. I think that this Commission should serious consider that the matter needs to be resolved out, better thought out, and a lot more input be put into that bond issue, and possibly go in March of 1984. When I brought this issue up before, there was concern raised that Metropolitan Dade County possibly was going with a $600,000,000 bond issue, which they are proposing. In conversation with County Manager Stierheim, this morning, he assured me that they were not going with the $600,000,000. They had no intentions at this time of putting a bond issue on the March ballot, but at the remote outside possibility, possibly would be something of $10,000,000 or less for the zoo, but he didn't even think that was going in March, so Mr. Mayor, I will, at the time this Commission meets, in reference to this bond issue, I am strongly going to urge this Commission that more time is needed to better reason and think out this bond issue and consider going in March, so I just wanted to put that on the record. Mr. Carollo: I don't think it is going to make that much of a difference, J. L., if we wait a few more months to be safe. Mayor Ferre: Well, it is all moot, because we do not have the four votes necessary. We could pass it on first reading, but you are opposed to it, SO... Mr. Plummer: Mr. Mayor, I will abide by the thoughts of this Commission. As I see it today, I am opposed to placing it on the ballot in November. But, if that were to lose, then I would govern myself accordingly. Mayor Ferre: I will tell you, J. L., of the two, I think the police portion of it was a lot more salable than the parks portion of it, but I hate to put one without the other. Mr. Plummer: I don't disagree with that, Mr. Mayor.. I just don't see the danger or the urgency of necessity to go in November. Mr. Carollo: Mr. Mayor, I don't think any other business will be finished here today, with the exception of possibly taking up and discussing the memorandum that the Clerk sent to us. Id 17 1983 .CEP 16 0 0 7. CONFIRMING RESOLUTION: ALLOCATE FUNDS AND AUTHORIZE GUARANTEE BOND IN CONNECTION WITH "MISS U.S.A. PAGEANT". Mr. Gary: Can I just ask, Mr. Mayor...? Mayor Ferre: Yes, sir. Mr. Gary: We still need to pass the resolution that you have before you on the Miss Universe Pageant, which specifically states that our liability is limited to $500,000, and it authorizes me to spend $188,000, with the condi- tion that I get the letter. Mr. Plummer: You know, if you push me, I will vote for it, but Mr. Gary, I think the members of this Commission would feel more comfortable... the motion is very clear, you could negotiate it out, but there has been so many things that have been done after this Commission's actions, that I would feel more comfortable that you not present that check until you come back with a final and completed form. All right, are you wanting a motion that says... Mr. Gary: No, I want a resolution. Mr. Plummer: You want a resolution saying that the maximum exposure of... Mr. Garcia -Pedrosa: J. L., let me read it. I've got it. Mr. Plummer: Let me hear what your wording is. Mr. Carollo: I will make that motion, with the condition that the City Attorney makes sure that the City's position is safeguarded, and the Mana- ger blesses it. Mr. Garcia -Pedrosa: Commissioner Carollo, I passed to the Commission a resolution this morning that says exactly what you just said at the end, and let me read that if I might. The last section says that the proposed contract reflected by the above agreement and addendum thereto, shall not become final (a) unless modified in accordance with this resolution, and (b) until approved as to form and content by the City Manager and the City Attorney. What I was going to suggest is that you take that same resolution and pass it, permitting me to read in a phrase that I think takes care of the Commission's legislative intent, because without that resolution, the Manager doesn't have the authority to issue that check that must be issued. Mayor Ferre: Okay, I think with that safeguard - are you moving it? Mr. Carollo: That is the motion, Mr. Mayor. Mr. Garcia -Pedrosa: Can I read in the language I would insert, Mr. Mayor? Mayor Ferre: Please! Mr. Garcia -Pedrosa: "Provided however, that the City's aforesaid guarantee shall in no event exceed the sum of $500,000, reduced by any money paid by the City under Section 1 hereof". Mayor Ferre: Fine. Mr. Carollo: Fine, so moved. Mr. Garcia -Pedrosa: And I would insert that in 2(a), 2(b), and 2(c). im .SEP 161983 M. ld _1 0 0 M. Mr. Garcia -Pedrosa: I think that should be clear - $500,000 per year. Mayor Ferre: I will second that motion. Mr. Plummer: Motion made and seconded. Let the record reflect that I will be voting affirmative for the motion just outlined, and the resolution out- lined by the City Attorney, and I am doing that because the majority of the Commission on previous vote was that we shall proceed, and I don't want to be a stumbling block and I am voting the best protection for the City that I can. Is there further discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-829 A RESOLUTION CONDITIONALLY ALLOCATING THE SUM OF $188,000 FROM THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, BUDGET RESERVE AND FURTHER CONDITIONALLY ALLOCATING THE AMOUNTS OF $188,000 FROM MONIES TO BE AVAILABLE IN THE GENERAL FUND, FISCAL YEAR 1983-1984 AND $188,000 FROM MONIES TO BE AVAILABLE IN THE GENERAL FUND, FISCAL YEAR 1964-1985 IN SUPPORT OF THE CAMPAIGN BY THE GREATER MIAMI HOST COMMITTEE, INC. TO HAVE THE 1984, 1985 AND THE 1986 "MISS U.S.A. PAGEANT" CONDUCTED AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER, ALSO KNOWN AS THE MIAMI CONVEN- TION CENTER; FURTHER, CONDITIONALLY AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO PURCHASE BONDS IN THE AMOUNT OF $500,000, GUARANTEEING THE GREATER MIAMI HOST COMMITTEE, INC.'S PERFORMANCE OF THE SEPTEMBER 2, 1983 AGREEMENT (AND ADDENDUM THERETO BEARING THE SAME DATE) WITH MISS UNIVERSE, INC. RELATED TO EACH OF THE ABOVE THREE ANNUAL PAGEANTS; WITH FUNDS FOR THE BOND PREMIUMS BEING CONDITIONALLY ALLOCATED IN AN AMOUNT NOT TO EXCEED $15,000 FROM THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, BUDGET RESERVE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 1.9 SEP 161983 • 8. DISCUSSION ITEM: USE OF PBC (PRECINCT BALLOT COUNTERS) IN SELECTED PRECINCTS - NOVEMBER 1983 ELECTION. Mayor Ferre: All right, Mr. Manager, is there anything else we need to do other than this memorandum of the Clerk's on Channel 23's request? Mr. Gary: No, sir. Mayor Ferre: Well, it says here, Ralph, at the close of the polls, the Clerk in charge opens the ballot box and inserts approximately 200 of these cards into the counters to obtain a sample of that precinct. I want to go on record as supervisor of the elections as being totally, unalterably, opposed to this procedure, and as I had understood the direction of the Commission at the last meeting - well, I never understood that they wanted to stick their hands and get... Mr. Carollo: Neither did I, and I am totally against that. Mr. Ongie: That is what they want! Mayor Ferre: Well, that is what they do in some places around the world, where then there is accusations of hanky-panky in the elections. Mr. Carollo: Yes! Mr. Ongie: That is exactly correct and that why I am so opposed to it. Mr. Carollo: Totally against it. Just, you know, so that Mr. Lasseville can have material so he can talk about it. Well, in fact... Mayor Ferre: Lasseville or no Lasseville, the point, even it was... Mr. Carollo: That is a major point, Mr. Mayor. Mayor Ferre: Well, to me, it goes way beyond that. The issue is, that should anybody stick their hands into the ballot box to pull out sample ballots, and I don't care of Archbishop McCarthy does it, I am opposed to it! In fact, I might even be worried about it! Mr. Carollo: Well, your point is well taken, and I agree with it, but I think there is some extra concern in this election, and that is when you have an individual that is going to be the god of the computer, that no- one else has access to, or can even begin to understand how it operates, and that individual, we recently found out, has a very cozy relationship with an individual that is involved in quite a few campaigns, including the campaigns of at least three or four of my opponents, I find a great concern with that. Mayor Ferre: I cannot argue with the logic of that and I completely sub- scribe to it. Mr. Carollo: I would hope that between now and then, this City Commission can study the possibility, and I am sure the Elections Department would let us, of finding some computer expert from somewhere in the country, someone that is a known expert of the highest integrity.... Mayor Ferre: What for... Mr. Carollo:.... to make sure that the citizens of Miami have an extra individual seeing and making sure that that computer is programmed from start to finish and handled 100% according to the law. 24 .SEP 161983 ld Mr. Plummer: well, let me understand one thing. Mr. Ongie, if I read your memo correctly, anyone short of God being the one who pulls them out, you are opposed to, is that correct? Mr. Ongie: That is right. Mayor Ferre: And so am I! Mr. Carollo: God isn't coming back for a few years. Mr. Plummer: Okay, what I am saying is, that some outside independent computer... Mayor Ferre: I will oppose! Mr. Plummer: Okay, all right. I make the record clear, that is all. Mr. Ongie: Nobody touches those ballots until they are delivered to me. Mayor Ferre: I don't want anybody tampering with those ballots, for any reason. Mr. Carollo; Ralph, can you do something else for us. Can you outline and send a copy to each member of the Commission, the complete outline of, from point "a" to "z" of what happens from the minute someone goes to vote for that ballot to the point that it gets into the computer and is calculated, and the other safeguards and securities that are made throughout that whole process, including backtracking to what safeguards are there that that computer is going to be programmed and run 100% properly. Mr. Ongie: Yes, I will. Mayor Ferre: Could somebody with a computer genius mind, put a little chip that helps program it, that says that anybody whose last name starts with a "C" automatically gets an 8% deduction as the polls come in - it automatically takes out 8% of the votes. Could somebody ... I am making a joke, but I am serious about that!!! (LAUGHTER) Mr. Carollo: There was story, that somebody ... his last name begins with an "L", once told me, that there was a past campaign, that he was told personally that a certain individual that was running, that for every vote that he re- ceived, the computer was programed minus two votes, and that the opponent, for every vote that he received, the computer was timed to give two votes, or more. Mr. Plummer: I find that very difficult to believe. Mr. Carollo: So since that... Mr. Plummer: Let me tell you why I find that difficult, and this is getting back to the undertaker's mathematics. For every vote he got, he was programmed to deduct two. That means he would be in the negative. That would be very difficult. Mr. Ongie: The computer - we have several logic and accuracy tests that are conducted before the election, including as long as forty-eight to seventy-two hours before. Those things have got to show zero all the way down the line and they are then sealed with an unbroken seal until the night of the election. They are in my custody. Mr. Carollo: I understand, Ralph, but how many computer experts do we have that will follow that procedure throughout the whole election? Mayor Ferre: Joe Malone, you are not worried about that, are you? (LAUGHTER!) Mr. Ongie: Joe Malone! Mr. Carollo: So in other words, we are depending 100% on Joe Malone, the partner of... Mayor Ferre: You are not worried about Joe Malone, are you? Joe Malone is a nice guy! Mr. Plummer: Mr. Carollo, I want you to rest you assured, sir, that there is absolutely no problem. I understand that for the night canvassing the ld 21 SEP 161983 ballots, they are bringing in all the expert computers from Venezuela! Mayor Ferre: All right, before we break up, let me announce that the... Mr. Carollo: I hear Malone graduated from John F. Kennedy's school at Harvard too. Mayor Ferre: Let me say that all rumors that you might hear about the forthcoming election, that the number to call is 579-6000. That is rumor central of Miami for the next seven days. I repeat, 579-6000, and that if anybody wants to make any side bets and wagers, the odds will be given as to who will be running against who in the next twenty- four hours. Make your bets soon, because the odds are going up. (LAUGHTER) Anything else! A T Tni7nwTiNe'.•t,lm There being no further b�iF..r.ess to come before the City Commission, on motion duly made and secon6, j, the meeting was adjourned at 4:30 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk G) MATTY HIRAI Assistant City Clerk 22 t� ISO COIN Pica eT� Q is oa SEP 161983 ft DOCUMENT ME6TINC DATE: SEPTE;liBER 16, 1983 INDEX COMMISSION RETRIEVAL DOCUMENT IDENTIFICATION ACTION AND CODE N0. APPOINTMENT 01: SERGIO RODRIGUEZ AS MEMBER OF THE BAYSIDE SPECIALTY CENTER REVIEW CO,1,1,11ITTEE I R-83-828 CONFIRMING RESOLUTION: ALLOCATE FUNDS AND AUTHORIZE GUARANTEE BOND IN CONNECTION WITH "MISS. U.S.A. PAGEANT". R-83-829 ■