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HomeMy WebLinkAboutCC 1982-09-17 MinutesCITY OF MIAMI MINUTES OF MEETING HELD ON SEPTEMBER 17, 1982 (SPECIAL) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK N0. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 CIIY��UI OF INM11. &DA (SPECIAL) SLLECT SEPTEMBER 17, 1982 PUBLIC HEARING. WORDING OF CHARTER A"IENpMENT S BIFURCATED RAMP SYSTEM DUPONT PLAZA AREA. (GRADE LEVEL PRIOR TO REACHING 3RD AVENUE). INSTRUCT CITY MANAGER TO ALLOCATE $20s000 FOR pREPARATION'OF MOVIE SLIDE PRESENTATION. OPENING OF CONVENTION CENTER DURING ASTA CONVENTION. RECONSIDERATION OF CHARTER AMENDMENT # 2 AND RESCINDING OF SAME- I.N.S. PANDLES WITH SIDEWALKSLINETHEFDOEWNT WN AREp,RSONS ON �LIC STREETS MOBILE VENDORS DOING BUSINESS IN THE CITY. ZONING REQUIREMENTS LICENSE. CONTINUED DISCUSSION: PROCUREMENT ORDINANCE. CH.kRTER AMENDMENT NO. 2 SECOND READING ORDINANCE: CHARTER AMENDMENT NO.3 "TIME OF ELECTION EXTENDING CURRENT TERMS. RESOLUTION CALLING ELECTION: ORDINANCES: 9488, 9489, 9490, 9491 TELEPHONE COMMIUNICATION AND COMPUTER EQUIPMENT COM, VAM, JLK CENTER DISCUSSED AND DEFERRED WORKSHOP ON BUDGET DISCUSSION DEPTS. NOT HEARD BY CITY COMMISSION CABLE T.V. PORNOGRAPHY tDINANCEo� PAGE N0. SOL TIO+y 0. R-82-857 ORD. 9488 M-82-858 M-82-859 DISCUSSION M-82-860 DISCUSSION ORD. 9489 ORD. 9490 ORD. QLQI R-82-861 DISCUSSION DISCUSSION DISCUSSION 1— 30 31— 32 32-33 34-35 35-36 36-39 39-45 45-47 48-49 49-50 51 51-52 52-53 � b1 Commissioner J.L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo 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 Ferre, who then led those present in a pledge of allegiance to the flag. 1. PUBLIC HEARING. WORDING OF CHARTER AM121DME-NTS. Mayor Ferre: This is a Special City of Miami Commission Meeting for the purpose of having a public hearing on the second reading on a series of ordinances which because of the time constraints could be held at no other date later than this date, and because of the travel plans of many member:: of the Commission it could only be held on this date at this time. Let the record reflect that we have four members of the Commission here. I personally had to come back from Washington and got off a plane just a few hours ago. Commissioner Plummer just got off a plane and came from representing the City at the League of Cities in Orlando, Florida. Commissioner Dawkins is in Washington on City of Miami business. I asked him to stay because we needed representation in a whole series of Congressional functions that were going on and it is important that we be represented. The second thing I want to say is to those that are going to be very upset that we held this hearing on the eve of the High Holy Days of the Jewish faith, let me say that I apologize. We will try to get out of here before sundown. It is a problem, as I explained, that we just could not get everybody together at any other time. The first ordinance before us is an ordinance on second reading. Under the discussion portion, Mr. City Attorney, do you want to point out any changes or things that you think are pertinent before we vote on this; before we ask questions and then ask for a motion? Mr. Garcia -Pedrosa: Yes, sir, the ordinance has been amended since the time of the first reading in the following manner: on page 8,..., Mayor Ferre: We are now on item number 1. Mr. Garcia -Pedrosa: Let me have an ordinance as amended distributed to the Members of the Commission at this time. I will read the changes. r. 1 01 SEP 17 1982 Mr. garcia-Fedrosat It is slightly different in the ioilowiag Manner9... Mayor Ferret So, in other words, this is no longer valid; the one that i have in my packet? Mr. Garcia -Pedrosa: That is correct, sir. The changes between the one that is being distributed to you now and the one that you have in your packet are as follows: on page 8, the last complete sentence which begins with the word, "notwithstanding the foregoing", about six, seven, or eight lines from the bottom, "notwithstanding the foregoing, the City Manager may waive competitive sealed bidding methods by making a written finding that," and at that point the rest of that language is to•be deleted and the following language is to be inserted, "Competitive sealed bidding is not practicable or not advantageous to the City." That is the only change on that page. Mayor Ferre: Let me go through the scenario on this Let me see if I understand this right. Suppose, let's take Overtown, the U.M.T.A. project, Howard, since this is something that we have been following. If the Manager —suppose we are going to do something where we are going to put some kind of a project there. The City now owns fee title to it, Mr. City Attorney. What you are saying is that notwithstanding all of the above, the Manager may at his V.scretion waive competitive sealed bidding methods by making a written finding that competitive sealed bidding is not practicable or not advantageous to the City? Mr. Garcia -Pedrosa: That is correct, sir. Mayor Ferre: Is that a unilateral finding on his part? Mr. Garcia -Pedrosa: 'Yes, it is. Mayor Ferre: Does that, then, preclude us from going to a bid process? Mr. Garcia -Pedrosa: No, sir. Well, you mean, if the Manager were to make that f inding? Mayor Ferre: Yes. Mr. Garcia -Pedrosa: Yes, sir. Mr. Plummer: Up to what amount of money? Mr. Garcia -Pedrosa: There is no amount in it. Mayor Ferre: This is what Talbot D'Alemberte and you talked about? Mr. Garcia -Pedrosa: Yes, sir. This also is with respect to the personal- property section. They are exactly the same change. If I might explain the rationale.... _ Mayor Ferre: I must tell you that I was under a misunderstanding. It seemed to me that what we were trying to achieve was a little bit more -_ flexibility on the selection process as such. It certainly was never... I never understood that we were giving the Manager, any future manager, Carte Blache right to decide that we are not going to go through a competitive bidding process. Is that legal? Mr. Garcia -Pedrosa: Yes, sir, it is if it is part of the Charter y system that the Commission adopts. ff Mayor Ferre: But isn't that a violation of the Florida Constitution? Doesn't the Florida Constitution say that we have to bid everything? How can one man unilaterally say we are not going to bid something? 02 SEP 171982 Mr. Garcia -Pedrosa: Mr. Mayor, let one explain Mr. D'Alemberte's thinking on it, which is, I think, the example he uses is in the personal property section. That is on page 7. It is the identical.... Mayor Ferre: No, no, no, no. Personal Property section is something else. I'm talking about this in particular. The Personal Property section I do not mind. I'm talking about this section right here on page .8. Mr. Garcia -Pedrosa: The principle, sir, would be the same principle whether you are buying a computer or whether you are dealing with a piece of land. If the City Manager has the authority to waive competitive bidding because you give it to him, he can do it. Mayor Ferre: Shouldn't the Commission be the one that makes that decision? Mr. Garcia -Pedrosa: It can. Mayor Ferre: In other words, I do not have any objections the Manager recommending, but I think that the Commission is the one who has to make that decision. If it does, there ought to be a public hearing on it, so that it is fully exposed as to why we are waiving that. Mr. Carollo: I really don't think this is what the Greeks had in mind when they invented democracy. What I understand is that here are the people that have been elected by the public. Here is the Mayor and the Commissioner that just went through one of the roughest and most expensive campaigns in the history of the City of Miami. Mayor Ferre: Don't remind me. Mr. Carollo: And I am finding out that what is the use of having a Commission up here if for the most part the Manager is going to decide everything. Of course, the Miami Herald is going to be pulling strings. What I think this Commission has to do is decide if we are going to be a body that is really going to make the decisions here or maybe we just ought to do what the Miami Herald has been wanting to do for a hell of a long time, dissolve the City of Miami. I, for one, am not going to give one more inch of power to this Manager or any other Manager. Mayor Ferre: Well, it is very simple. Just strike the word Manager and substitute therein Commission. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Huh? What do you mean that will not solve it? Mr. Dan Pau.L• •. Lan-Paml.,,19,Star Island, Miami Beach. That will make a total swiss cheese ordinance if you... that completely sends the whole purpose of a competitive bidding charter amendment on its head, if you are just going to waive it whenever it is not practicable � in the best interest of the City without any standards being set. V Mayor Ferre: I have to agree that the whole purpose of this is, this is a procurement ordinance. How in the world can we just unilaterally say that there is not going to be competitive bidding? Mr. Plummer: Maurice, I was not kidding when I asked to what amount. Aq At the present time, what is it? 4,5007 Up to $4,500 the Manager �O does have that authority. 7 03 SEP 17 1982 Mayor Ferre: I really can't believe that Sandy b'Alemberte, or anybody really here would support something like this. I can't believe that we could get any kind of help from the editorial board of the Miami News and the Herald if we pass this very important ordinance. I just think that it would never happen. How can we, after all the work we have "done, just put a simple little clause in there that says the whim•of this Commission or of the Manager, there is no competitive bids? So, in other words, just because we have a finding and we say: "Well, we think this is..." I don't know, I think, just like that? Mr. Garcia -Pedrosa: Mr. Mayor, I'm of course not obligating either position, but let me explain an example where you might want to have that flexibility. Mayor Ferre: 0.K., tell me. Mr. Garcia -Pedrosa: Suppose you have a piece of property that is a subject of development that the City already has and you want to get some more property to do something else but because of the fact that tae adjacent property becomes available you may want to go to what in essense is a single source of supply in a real estate context, if you will. In that case it would not be practical or advantageous to go through a bidding procedure and see how you can get some land somewhere that might be cheaper. Mayor Ferre: O.K., then say that. That's fine. Mr. Garcia -Pedrosa: Because you might want to use the adjacent land given its unique location. Mayor Ferre: Fine, fine. Then you have to figure out a way to limit it to that. I have no problems if that is the case, then say so. But I don't want just because there may be a situation like that, that you put in a blanket waiver in a document as important' as this. Good God! That would just.... Mr. Garcia -Pedrosa: I suggest, Mr. Mayor, that we draft we originally have which is in your packet, does contemplate the situation that I raised in saying that the right to reject stems only from a public emergency or a single source of supply. What you might wish to do with respect to the real property section is to leave that language unchanged. Mayor Ferre: O.K., but section 8, tell me how it would read then. Mr. Garcia -Pedrosa: The way you have it in the packet, sir, that is..,. Mayor Ferre: My packet reads the same as the one you passed out. Mr. Carollo: That is correct. Mayor Ferre: Both things are absolutely identical. So I do not know what you are talking about. Mr. Garcia -Pedrosa: The sentence would read as follows: "notwithstanding the foregoing, the City Manager may waive competitive sealed bidding methods by making a written finding that a valid emergency exists, or that there is only one reasonable source of supply." Mayor Ferre: O,K,, that is very different. That there is a what? sl 04 SEP 17 1982 Mayor Ferre: Comma, and this must be confirmed by the majority of the City Commission after a properly advertised public hearing. And then there are all types of safeguards.' Does that make better sense? Does anybody have a problem with that? Do you have any problems with that, J.L., Joe? Read it over again, carefully. Mr. Garcia -Pedrosa: on page 8, eight lines from the bottom: "Notwithstanding the foregoing, the City Manager may waive competitive sealed bidding methods by making a written finding that a valid emergency exists, or...." Mayor` Ferre: Wait, wait: "finding that a valid..." go ahead. Mr. Garcia -Pedrosa: "emergency exists or that there is only one reasonable source of supply." I am going to editorialize a little bit here, Mr. Mayor., Mayor Ferre: Go ahead. Mr. Garcia -Pedrosa: ....which finding m+lst be confirmed by the City Commission after a properly advertised ?ublic hearing. Mr. Carollo: That last sentence, what I would like for it to read is "four -fifths of the City Commission." Mayor Ferre: Four -fifths? O.K., that's valid. I think that is good, make it two thirds thought, because we may end up going to a nine -member or a seven -member Commission, and in effect, two thirds and four fifths are the same, right? Two thirds of this Commission is the same today as four fifths. Mr. Carollo: That's correct. Mayor Ferre: In the future two thirds might be six. I think that is better. Is that all right with you? Mr. Carollo: That's fine. I have no problems with that. Mayor Ferre: Yes, I think that is good. Two thirds of the Commission. Does anybody have any objections to that? I think that is reasonable. Mr. Carollo: Can I ask something for the record? Who were the people in the City Attorney's staff that were involved with this, beside yourself of course? Mr. Garcia -Pedrosa: The original document and some input was supplied by Robert Clark, but I think the main work product was by Lucia Allen and myself. Mr. Carollo: Was there anybody else involved in this since you all came aboard? Mr. Garcia -Pedrosa: I do not believe so, Mr. Vice Mayor. Mr. Carollo: Thank you. Mr. Garcia -Pedrosa: Shall I read it one more time, Mr. Mayor, with that two thirds change? Mayor Ferre: Yes, read it one more time. sl 05 SEP 171982 Mr, Garcia-Redrosa: "Notwithstanding the fotegoing, the City Manager y waive competitive sealed bidding Methods by making a written finding that a valid emergency exists of that there is only one reasonable source of supply which finding must be confirmed by an affirmative vote of two-thirds of the City Commission after a properly advertised public hearing." Mayor Ferre: Does anybody in the Commission have any problems with that? Members of the public, Mr. Paul, do you have any problems with that, the way it is drafted? Anybody else in the public? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Yes, I think so too. You are talking about with real- estate property? Mr. Garcia -Pedrosa: No, sir, he is talking about the personal property, which is on page 7. Mayor Ferre: Why would personal property be different? Mr. Garcia -Pedrosa: The example that we used, Mr. Mayor, was this. Suppose the City wishes to purchase an expensive computer system....? Mayor Ferre: Why shouldn't we have a public hearing and confirm it by two-thirds of the Commission, and so on? Mr. Garcia -Pedrosa: No, because the basis upon which the Manager would submit that to you would be the finding of a valid emergency or only one reasonable source of supply. Mayor Ferre: Fine. Mr. Garcia -Pedrosa: The thought was that you might have a number of, bidders, one of which was maybe $100 or $500 more than the lowest and yet because of a number of features of the system including the availability of service, parts, any number of other factors, the availability, for example.... Mayor Ferre: Why should it not follow the same procedure? The Manager writes it down then the Commission confirms it after a public hearing? Mr. Garcia -Pedrosa: Because in that case, Mr. Mayor, there would not be either a valid emergency or a single source of supply. Mayor Ferre: Oh, I see. Well then, leave it the way you have it, except have it come to the Commission. In other words, "notwithstanding the foregoing, the City Manager may waive competitive sealed bidding method by making a written finding that a valid sealed bid is not practicable and not advantageous to the City," then you add all the other* stuff. Mr. Garcia -Pedrosa: What I would then say, Mr. Mayor.... Mayor Ferre: Why don't you make them both the same? Go back to this language, but say... in other words what I am saying is this: go back to the amended language but with a safeguard so that it would read: "Notwithstanding the foregoing the City Manager may waive competitive sealed bids methods by making a written finding that competitive sealed bidding is not practicable and not advantageous to the City,"' and then all the other stuff. Mr. Garcia -Pedrosa: You mean on both real and personal properties? Mayor Ferre: Yes. Mr. Garcia -Pedrosa: We can do that. Mayor Ferre: Mead It over again, so that we can follow. 06 SEP 171982 Mayor Ferre: Yesi on two-thirds and a public hearing. So read it h6v the way you have it. Do you follow what I`m saying? Mr, Garcia -Pedrosa: Yea; sirf I do. Let me just.... Mayor Ferre: Let us see what it sounds like, Mr, Garcia -Pedrosa: The sentence would read as follows, both with respect to the personal property on page 7 and with respect to real property on page 8: "Notwithstanding the foregoing the City Manager may waive competitive sealed bidding methods by making a written finding that competitive sealed bidding is not practicable or advantageous to the City, which finding must be confirmed by an affirmative vote of two-thirds of the City Commission after a properly advertised public hearing." Mayor Ferre: Is that not the best of both worlds? It gives you more flexibility, but it also insures a public process. Mr. Garcia -Pedrosa: Yes, sir, I think that is right. Mayor Ferre: Do you have any objections to that? Mr. Dan Paul: Yes, I think you might as well not have a Charter requirement if you are going to leave it as open as that. Mayor Ferre: Why? Mr. Paul: Because the language is too loose. If you say that the City Manager finds that it is not practicable to have competitive bidding...any competitive bidding statute I know anything about is always limitted to emergencies or where you have single sources of supply. I cannot conceive.... Mayor Ferre: O.K., that is with regard to real estate, right? Mr. Garcia -Pedrosa: I do not know if Mr. Paul is referring to both real and personal property or not. Mr. Paul: You have it in here in three separate places. You have the same language on 15 when you dispose of property. It says, "the City Commission or the Off -Street Parking Board, etc. may waive the requirement of sale conveyance or disposition to the highest responsible bidder when it finds such requirements to be not practicable or not advantageous to the City." It seems to me that kind of language guts all three provisions for both real property, personal property and sale of City property. Mayor Ferre: Rather than that, what should we say? In other words, emergency.... Mr. Paul: I think it was better...I am amazed. I arrived here with a draft that is totally different from the draft that the City Attorney is now talking to you about. I just wasted my time reviewing. I was not furnished with this draft that has this language in it. Mayor Ferre: Just tell me what that draft's language says. Mr. Paul: This draft which was furnished to me stuck to the language that he read to you a minute ago that: "Notwithstanding the foregoing the City Manager may waive competitive sealed bid methods by making a written finding that a valid emergency exists or that there is only one reasonable source of supply." Then I thought you added that City Commission stuff, which is good. SEP 17 1982 Mr. Paul: The Dade County Airport just went through that, Obviously if it is computers you draw your specs so that you get the kind of equipment you want. They just a multi -million dollar communications system at the airport for public bidding, which was won by a company other than Southern Bell. About eight different companies bid on the County's specs. The specs were something like that. Mr. Gary: That may be O.K. when you are initially purchasing computers, but if you already have one in stock and you want to augment that computer, usually computer firms only make equipment that is compatible to their equipment. That is not only done within the firm, but it is not done between firms. Mr. Paul: That is covered by there is only one reasonable source of supply. I agree with that. Mayor Ferre: Mr. Paul, let me ask you this. I think what you are pointing out is valid with real estate. I do not think that there is any question that title language is, I think, clearer. With regard to the purchasing of personal property, however, I think that the more flexible, looser language is better. Isn't it? Mr. Manager,; what is your advice on that? Mr. Gary: I may have a conflict since I am involved. Mayor Ferre: But we have to think of this beyond you and this City Commission. You are involved today, but you are not going to be here forever and neither are we. We must think of this is impersonal terms. Mr. Gary: I think there is a clear distinction between personal property and nonpersonal property. I think the flexibility must exist with personal property where you may not have to have with nonpersonal property. I think this attempts to give us the flexibility to not constrain ourselves to the point that we are in right now, but yet again it also gives the safeguards that I think the public is asking for. Mayor Ferre: My position is this, Mr. City Attorney. Other Members of the Commission can express themselves and maybe we can form a consensus. I am going to follow your advice. I think that with regard to personal property we should have the little bit looser language that says in effect, as it does in page 7: "Notwithstanding the foregoing the City Manager may waive competitive sealed bidding methods by making a written finding that competitive sealed bidding is not practicable or not advantageous to the City," and then you go on that it comes before the Commission and it is a two -third vote and a public hearing. In page 8, however, with real estate, I think we should revert back y to the question of there being an emergency, or there being no.other -- source. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Then change page 15 on real estate to also track the tighter language that we inserted on page 8. Mr. Carollo: Page 8 does that about a valid emergency exists, there is only one reasonable source of supply. Mr. Gary: No, he changed it. Mr. Garcia -Pedrosa: No, -what you just received a few minutes ago, Mr, Vice Mayor, is the one that had the looser language you are now looking at in the packet. Mr. Mayor, do you want the tighter language? 0 SEP 171982 Mr. Pauli You are working from the old draft toot which is the'baffie and I am working from. That is not the latest draft. Mayor Ferre: That is one man's opinion. You had better get the opinions from the other members. Mr. Garcia -Pedrosa: Could I ask a question, sir, about what you just said? Do you want the tighter language followed by the two-thirds, is that what you are saying? Mayor Ferre: I think Commissioner Carollo's recommendation that since we are waiving competitive bids, that it is a further safeguard- and I think he is right. It tightens it up even more; that twos thirds of this Commission has to vote on it. Mr. Garcia -Pedrosa: On the disposition of property, Mr. Mayor, the reason that we left the language in there in both the one that is in the packet and the one you just received is that you may have distressed property that you may want to get rid of. That constitutes the kind of situation in which it really may not be practicable, or advantageous to have the bidding process because you might find among other things that nobody might bid. Mayor Ferre: I think the Manager would find that is an emergency. Would that not be an emergency? Mr. Garcia -Pedrosa: It might, or it might not. I am just explaining the rationale for leaving..... Mayor Ferre: We have a piece of property. All of a sudden along comes somebody and says we are going to make you an offer and it is only good for a week. After that we are going to withdraw it. That is a bad piece of property that nobody really wants to... I don't know, I.... Mr. Plummer: I cannot remember the last time we sold a piece of property. Mayor Ferre: The garage. Mr. Plummer: The Off -Street Parking Authority sold that. They did not ask us to ratify it. Mayor Ferre: We had to approve it. That's exactly what we were criticized for. Mr. Carollo: The other thing we better keep in mind is the Sunshine Law. I understand that the Mayor of Miami Beach is having some problems with meeting with developers. Mr. Garcia -Pedrosa: One other possibility, Mr. Mayor, is.... -Mayor Ferre: It is going to curtail my activities in half. Mr. Garcia -Pedrosa: Mr. Mayor, Community Development, may want, for example, to give a piece of property to somebody who is going to create more jobs. So, on a long-term basis the return might be greater in — terms of other goals, rather than just the financial ones. == Mayor Ferre: Yes, but you are talking about the exception. The problem o is that unfortunately, there is no guarantee that also will not be used -704 as a general rule. Therefore, I think we cannot put that loose language as far as real estate either for the buying or the selling. We are just A going to have to get stuck with that, that's all. With personal property I agree. Real estate.... 09 SEP 17 t982 Mt. Plummer: pirst of all, what you are in fact doing, if you change the wording that is now proposed... it is no longer other than the Manager is doing nothing more than finding facts, because we are making the final decision. So he is not making the decision. He is just recommending to this Commission based on facts which he would supply and then this Commission would vote. I do not see any big change there. Mayor Ferre: I think we are all on agreement with that. That is not where the problem is. The problem is in the difference of the wording, that it is not practicable or advantageous to the City. See, when you are dealing with real estate, the usage of that language gives the Manager and the Commission much too much flexibility. What Mr. Paul is saying is in effect it emasculates the whole process because you have•a total green light,carte blache, to bypass the competitive bidding process. Mr. Plummer: I don't think anybody sitting up here would have voted for that. Mayor Ferre: Therefore, I think it needed to be tightened up a little bit. With regard to personal property, that is different because there we need to have it a little bit looser. Mr. Carollo: I have no problem with that unless there is any.... Mr. Plummer: Let me give you an example where you did have a problem with it and you were right. You come down to that thing called single source supply you know and I know that we have seen in this City too often, and Joe, I am referring to the police boat, O.K.? Mr. Carollo: That's not the only thing. Mr. Plummer: I'm using that as the most recent example. Single source, we were told. I raise the question about single source. Joe went out and found out there were about four, five others, but the way that the specs were written, there was a single source according to those specs. But yes, there were four or five or six others who manufactured a boat exactly like that one. But when it came before us it was a single source and I have a problem with that. I have a real problem more so in the areas that you have been talking on because I think this City has been hoodwinked more than once on computers. Mayor Ferre: Plummer, the way this thing is now drafted with Carollo's amendment, the Manager has to write it, then he has to come before us, then he has to have a public hearing, then he has to get two-thirds of this Commission to vote for it, so? Mr. Plummer: Is that wording going to be applied uniformly to all = three segments? Mayor Ferre: Yes. Mr. Carollo: Yes, two-thirds. ® Mayor Ferre: So we can move along. Mr. Carollo: By the way on a point of information, not getting off - the subject, the prices on those boats that I was able to find out was at least a third cheaper than what was presented to us. But I just recently found out that on the price that was given to us that did not even include the motors. So actually, the price that I found. was at least half cheaper. -- Q SEP 171982 Mr. Garcia -Pedrosa: Yes, sir, except on page 15 which is the point that Mr. Paul raised because the wording there is a little different in the sense that the Manager is not involved. 1 do not know what the Commission's wish is. Mayor Ferre: Tell me exactly what that is. Mr. Garcia -Pedrosa: If you look in the middle of the page on page 15, the beginning of the whole underlined sentence there: "the City Commission or the Off -Street Parking Board or the Downtown Development Authority Board of Directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder when it finds..." and I guess what you want at that point is, "that a valid emergency exists or that there is only.&." well that, "when a valid emergency exists." I wonder if you want that by a two-thirds vote or how you want that handled. Mr. Plummer: Where are you reading? Mr. Garcia -Pedrosa: On page 15, Commissioner. Mr. Carollo: What line are you in page 15? Mr. Garcia -Pedrosa: Middle of the page, the whole underlined..., Mr. Carollo: "The City Commission" it starts? Mr. Garcia -Pedrosa: Yes, sir, the Manager is not involved in that process. Mayor Ferre: Page 15? Mr. Garcia -Pedrosa: That is with respect to disposition. Mayor Ferre: I do not see anywhere where it says, "the City Commission". Mr. Gary: Page 15. Mayor Ferre: Maybe they have the wrong 15. See what I was looking at was this. There is no...this is page 15. Let's get rid of that. Mr. Plummer: This only gives then the D.D.A. and the Off -Street Parking Authority the right to reject. Mayor Ferre: The City Commission or the Off -Street Parking Board or - the Downtown Development Authority, as appropriate, may by resolution waive the requirement of sale.... Mr. Carollo: Does this include, for instance, the people that collect the money in the meters? Mr. Plummer: No, that is the old one. Mayor Ferre: Mr. Manager, what is your recommendation on this? is this going to affect our project in Overtown? Mr. Plummer: No, this is the new one. This is the old one. Mayor Ferre: When the requirement of sale.... Mr. Manager? Page. 15 Mr, Plummer: That is page 15 of the old draft. Mayor Ferre; Yes, air. _ SEP 171982 y Mrs Gary: First of ali, there is no inclusion in this section of finding of facts. Somebody has to find the facts with regard to whether or not it is practicable. Mayor Ferre: Then why don't we track the aatie language before? Mr. Gary: Correct, Mayor Ferre: Say, "the City Manager shall in`writting find that,'etd, and track what you have on page 8. Mr. Garcia -Pedrosa: No, Mr. Mayor, you would not have the single source of supply, of course, in a disposition. Mayor Ferre: No, but then put the looser language in there. It says,`' "the City Manager may waive competitive sealed bidding methods by making a written finding that a valid emergency exists..." No, I see4 Mr. Gary: No. Mayor Ferre: What would be the language that we would use here, Mr. Manager or Mr. City Attorney? Mr. Garcia -Pedrosa: Sir, the Manager, I do not think is involved with the D.D.A..... Mr. Gary: And Off -Street Parking Board. Mr. Garcia -Pedrosa: ....or Off -Street Parking, which is two of the three entities. =y 7 Mayor Ferre: Well., then put, "Notwithstanding the foregoing the City Manager in the case of the City Commission, the Director of the D.D.A., and the Director of the Off -Street Parking Authority may waive competitive sealed bidding methods by making a written finding that a valid sealed bidding is not practicable or not advantageous to the City, provided, however, that it comes before the City of Miami Commission and that we get a two-thirds vote, and we have a public hearing. Mr. Carollo: Two-thirds vote...let me tell you what has been happening. That is why I mentioned the people that pick up the meters. That has never been put out to bid. The company that has the contract that collects all the money in our meters has never been put out to bid. I find that a little alarming. Mayor Ferre: Does anybody have any objections to the way we are wording it now? Mr. Plummer: Let me ask a question, Maurice. With all of these changes and it is still coming before the Commission, how are we really changing from what is there now? We have the right at the present time; the Manager has the right in the Charter to reject all bids and go out and reacvertise. Mayor F:•rre: He still has that right here. Mr. Plummer: I am saying, what are we doing in this ordinance? What are we accomplishing by this ordinance that we do not already have the flexibility to do now? Mayor Ferre: Let's go to why we are doing this ordinance. The supreme court of the State of Florida in the Gladstine case ruled that the City of Miami could not jump around and change things mid -way. Where this gets us is that we cannot do presently what Baltimore and Boston did with Harbor Place. In other words, we cannot go in and say here is what we want to do and then have the Rouse Company come here and we go through the bid procedure, and then we select the Rouse Company. They do the plans, the development, the construction, auu they manage it. So, this very complicated, long ordinance in effect 0 12 SEP 171982 a e� yat Bette (CON'T): pettits us to do all of these things. So it gives ua all kinds of flexibility, but it comes up with the safeguard,ct and the teason why we have taken so long to do this is because we have ttied to work this out so that the attorneys in this town who are Unost involved in these procedures, Steel, Hector, & Davis; Paul & Thompson; Marty Fine's firm; Bob Traurig's firm, have all had time to study it and give us input and recommendations. The reasons we are having problems now is because we are having somewhat of a conflict between the recommendations that Sandy D'Alemberte submitted and the recommendations that Mr. Paul, who is here tonight. Listening to the argument, I feel that the recommendation that Mr. Paul is making is proper. In other words, we cannot make it that loose. It has to be tightened up a little bit. So, I think that the middle ground is what we are arriving at. I think that what Joe came up with is good. That the Manager initiates it, but it comes to this CommU sion and then we have a public hearing and then there is a two- thirds vote. Mr. Plummer: So what we are also then saying is that the Director of the D.D.A. would initiate, the Director of the Off -Street Parking would initiate.... Mayor Ferre: They have to come to us. Not to the D.D.A. Board, you follow that? Mr. Plummer: The Director. Mayor Ferre: They can initiate it but it has to come to this Commission, which is the elected board. Then it keeps the same thing that occurred with Mitchell Wolfson when they went off and did this on their own. They have to come to us. Mr. Plummer: They still had to come to us anyhow. They took the action. We took the heat. Mayor Ferre: Do we have anything else, Mr. Garcia -Pedrosa, that you want us... I assume that we are O.K. on 15. Mr. Garcia -Pedrosa: Yes, sir, I am changing it to make the Manager or the two Directors and then the same mechanism that you have set forth. Mayor Ferre: Anything else? Mr. Garcia -Pedrosa: Yes, sir, there is a change with respect to the vote for acceptance by this Commission. Mayor Ferre: Tell me what page that is in. Mr. Garcia -Pedrosa: In the packet draft it was on page 13. In the new draft, the numbering of which was thrown off by these changes.... Mayor Ferre: What page are you on? Mr. Garcia -Pedrosa: 13 of the packet or in the new draft..,. Mayor Ferre: What line? Mr. Garcia -Pedrosa: ....it is also on 13. It is the middle of the page after "receiving direct recommendations", that paragraph that begins in the middle of the page. Mayor Ferre: "After receiving the direct recommendations of the review committee, the Commission shall: (1) Accept any recommendation of the review committee that is the same as a previous recommendation of the City Manager...." Mr. Garcia -Pedrosa: We have changed that, Mr. Mayor. Mayor Ferre; ",,,.by an affirmative vote of a majority of its memb,ers.1 13 SEP 17 1982 Mayor Ferre: Tell me what it is. Mr. Garcia -Pedrosa: I will read the whole thing, if I might, "After receiving the direct recommendations of the review committee, the Commission shall by an affirmative vote of a majority of its members: (1) Accept any recommendation of the review committee; or (2) Accept any previous recommendation of the City Manager; or (3) reject all proposals." Mayor Ferre: That is fine. It could not be more explicit. ,r Mr. Garcia -Pedrosa: What that does is change the two-thirds back to majority and simplifies the language. Mayor Ferre: That has nothing to do with the previous issue. Mr. Garcia -Pedrosa: No, sir, it does not. Mayor Ferre: This has to do with the question of the Manager recommends, the City Commission rejects the Manager's recommendation, then what do we do? We go to this committee. The committee recommends. Then we can either accept the Manager's recommendation, the committee's recommendation, or throw the whole thing out and rebid it. It gives us a little extra flexibility. Any other changes? That way we are not totally dependent on the Manager. Suppose the Manager wants to play games with us, by going to the committee, we bypass the Manager. All right, well, not the present Manager, I am sure. But I've known Managers that might want to do that. The present Manager is excluded. All right, are there any other changes, Mr. Garcia -Pedrosa, from the original draft? Mr. Garcia -Pedrosa: No, sir , there are not. Mayor Ferre: Are you sure now? We do not want to vote on something that we end up... These are the only two changes? Mr. Garcia -Pedrosa: There were three changes and now we made a fourth, because we changed the disposition provision that Mr. Paul addressed. Mayor Ferre: Do any members of this Commission have any objections now of the amended ordinance, or any discussion? You are next, Mr. Paul. Let's get Members of the Commission first. Mr. Carollo: Dan, do you want to sit up here? Mayor Ferre: Does anyone else want to comment on anything? All right, Mr. Paul. Mr. Dan Paul: There is only one other...I have not read this new draft that you are now working from, but.... -_ Mayor Ferre: Mr. Paul, you are reading, so while you are reading, let me say the City Attorney has put into the record that other than the issues that he has now brought forth, there are no other changes of any kind in the document. Mr. Paul: On page k, this is just a clarifying requirement that the paragraph that begins at the top of the page, "Any such lease or management agreement, or proposed extension, or modification of an existing such lease or management agreement which does not comply with - each of the above requirements..." I suggest that you add after requirements the words: "and the other requirements of this Charter." Because you have some other requirements that come later that you have just been talking about that apply other than those.... 14 SEP 171982 Mr. Paul: Page 4, the first paragraph begins, "Any such lease or management agreement or proposed extension or modification to the - existing such lease or management agreement which does not comply with''each of the above requirements...." I suggested that after _ requirements you add: "and the other requirements of this Charter." _ Because there are some other ones other than the ones just set forth above. - Mr. Carollo: Dan, are we going to get a consultant fee from you When this is all over, or not? Mr. Paul: No, no. Mr. Plummer: Depends on whether it passes. Mayor Ferre: Is that without any objections now? Insert that without objection. - Mr. Garcia -Pedrosa: I think that is very positive, sir. Mayor Ferre: Any other changes? Are the any members of the public that wish to speak to the ordinance before us on second reading? If not, is there a motion? Mr. Carollo: Move. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: It's been moved and seconded. Further discussion? Read the ordinance. This is a very important thing for us. I want to make sure that everybody has read this and knows what they are doing. All right, call the roll. AT THIS POINT AGENDA ITEM 1 WAS PASSED; HOWEVER, IT WAS LATER RESCINDED BY MOTION AND CAME UP AGAIN AS AMENDED AND PASSED AS ORDINANCE 9489. The vote on this roll call was as follows: AYES: Commissioner Demetrio Perez, Jr. Commissioner J.L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Mayor Ferre: Let the record reflect that all members of the Commission .SEP 171982 MAY6r Vette: Now 'we Ate o f item outbet 2 i Mr. City Attm ey. Mt. Garcia=Pedrosa: Mr. Mayor, that is the resolution calling fat a Vote of this matter on the ballot for November 2j 1982. Mayor Ferre: Are there any changes.... Mr. Garcia -Pedrosa: No, sir, there are not. Mayor Ferre: ....on the motion of intent that this Commission passed? . r Mr. Garcia -Pedrosa: No, this is the actual resolution embodying that, sir. Mayo-r Ferre: Is there a motion? Mr. Carollo: Move, Mayor Ferre: 16 there a second`! Hr. Perez: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-857 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE KNOWN AS = ORDINANCE NO. 9489, PROPOSING A CHARTER AMENDMENT ENACTING A COMPREHENSIVE CITY PROCUREMENT PROCEDURE PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALL REAL AND PERSONAL PROPERTY AND SERVICES; DEFINING AND AUTHORIZING UNIFIED DEVELOPMENT PROJECTS; PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY, PUBLIC WORKS AND IMPROVEMENTS, AND UNIFIED DEVELOPMENT PROJECTS; RENAMING AND REDEFINING OF DUTIES OF THE PURCHASING AGENT; PROVIDING FOR AFFIRMATIVE ACTION, NON-DISCRIMINATION AND MINORITY PARTICIPATION IN TRANSACTIONS WITH THE CITY; PROVIDING FOR SAFEGUARDS; AND RESCINGING RESOLUTION NO. 82-728 WHICH CALLED FOR AN EARLIER ELECTION DATE. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. _ Vice Mayor Joe Carollo Mayor Maurice A. Ferre =3 NOES; None. ABSENT; Commissioner Miller J. Dawkins 16 SEP 17 1982 Mayor Ferre: It places it on the ballot. Mr. Plummer: It is different language that what is on page 18 on first item.,. Maurice, the wording of the actual ballot has not been approved. ' Mayor Ferre: Sure it has. We approved that a month ago. Didn't we? Mr. Plummer: There have been significant changes, was my understanding, that is why we are going back to first reading. Mayor Ferre: Tell me about that, Mr. City Attorney. Mr. Garcia -Pedrosa: No, I think we are talking about two different things, Mr. Commissioner. The reason we were going back to first reading is that the entire procurement Charter amendment that has been prepared and placed before you last week and now is vastly different from the one you had originally considered and passed on first and for that matter on second reading. Mayor Ferre: But the language is the same, isn't it? Mr. Garcia -Pedrosa: Sir? _ Mayor Ferre: The title is the same. The title does not change. In other words, what the people are voting on...this resolution says: "Shall the measure known as ordinance blah, blab, blah—sections 3 blah, blah, blah ... providing for the power and method of acquiring and disposing of all real and personal property including waterfront property, public works, and improvements, unified development projects, services, defining and authorizing unified development projects; renaming and redefining of duties of the purchasing agent; providing - for safeguards and providing for affirmative action to be approved." Yes or no. That is the same language. Mr. Garcia -Pedrosa: It is very slightly different, Mr. Mayor. Mr. Plummer: It is different. Mr. Garcia -Pedrosa: But it is not different from the ordinance that you have now passed on second reading. Mayor Ferre: In other words, when people vote yes or ao for this then we are O.K. legally. Mr. Garcia -Pedrosa: Exactly. Mayor Ferre: What is the argument? Mr. Plummer: I am just only going for legal procedures. Are we - legally correct when we pass this ordinance that this wording is incorporated as what is going to appear on the ballot? You did not vote on the ballot language. Mr. Garcia -Pedrosa: Mr. Commissioner, the ballot language.... e_ Mr, Plummer; ..,.is on page 18 of the draft, Mr. Garcia -Pedrosa: That is correct. 1 SEP 171982 Mr, Plummer. And you don't have t6 votd bn that separate? Mr. Garcia=Pedrosa: you ate voting on that by both the Vote an the ordinance and on the resolution.... Mr. Plummer: O.K. Mayor Ferre: Are we all set? Mr. Garcia -Pedrosa: ....that is nov before you. Mr. Plummer: I hope so. Maydf Ferre: Have we voted on this thing note? Item 2? AT THIS POINT ROLL CALL WAS TAKEN FOR THE SECOND TIME ON ITEM NtMBER 2, WHICH PASSED AS RESOLUTION NO. 82-857. Mayor Ferre: Item 3. Mr. Garcia -Pedrosa: That is Charter Amendment No. 2, which is the single member districts, the boundaries' committee, and so forth. This is on second reading before you. There have been no changes made to this since the first reading. Mayor Ferre: Questions from the members of the Commission? Do any members of the public wish to speak on this issue? Is there a motion? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Perez. Further discussion? Read the ordinance. Mr. Plummer: Mr. Mayor, under discussion. As I explained to you the other day, I will be voting negatively on this. The reason I will be is that I would not vote on this until the boundaries have been drawn or proposed. As such I just will not vote on it. I am in favor of going to a seven -member Commission, but I think that I and the public have the right to know prior to the vote.... Mayor Ferre: J.L., the way this is drafted, you will know the boundaries before you vote. Is that correct, Mr. City Attorney?, Mr. Carollo: That was the intention of doing this. Mayor Ferre: That was the intent of this whole thing. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Oh, yes, it is very clear. It says six months before the election a boundaries committee will be paneled, blab, blab, blah.... _y Mr. Plummer: No, sir. That is after it is approved. Mayor Ferre: Yes, but how could....? Mr. Plummer: O.K. Mayor Ferre: It happens.... Mr. Plummer: To my way of thinking, Maurice, before you vote on this issue we and the public have the right to know where the boundaries are. - , -SEP 171982 Mr. Carollo: J.L., I'm sure your appointment there Lasseville is not going to give you any of Little Havana or any of Liberty City, Mayor Ferre: Lasseville is no longer an appointee. Is that correct? Mr. Plummer: I will talk to you about that. Mr. Mayor, what I am saying is this. Mr. -Carollo: My appointee is still the same. Mr. Plummer: Are we in fact, Joe you brought this point up and it was a point that really touched home before. This Commission is advocating.... Mr. Carollo: It still does. Mr. Plummer: ....its right to this committee. I am not prepared to vote for that. We are advocating our right over to a committee to draw the boundaries without this Commission's approval. Mr. Carollo: What I want to know is how come it took you, I don't know, two weeks to come see my point of view? Mr. Plummer: No, no, no, I agree with your point. Mr. Carollo: You did not agree with it two weeks ago. Mr. Plummer: The only point I disagreed with was Johnny Lasseville. That is one out of nine. Mayor Ferre: Look, I don't want to, you know... I am trying to do this in an intelligent, reasonable way. Tell me what the changes are that you want on this thing. Mr. Plummer: Mr. Mayor, if in fact this committee is recommending to this Commission for final approval, I will vote for it. Or, if you have... which you cannot do now... had that committee met and drawn the boundaries, then I could vote for it. Mayor Ferre: O.K., look.... Mr. Carollo: This is what I proposed the last time. All you guys said no, nol Mayor Ferre: Look, I think it would be better, and we have a better chance of passing this. I mean this is my political sense. If you let the boundaries committee not be an independent committee. I = think you will have better chances of support. Now, it is not a question of what you want, or what I want, it is a question of what is going to pass. I would strongly urge to you as a ... and please forgive the immodesty ... as an experienced winner in political affairs, that you leave it so that the boundaries are set by an independent board. I assure you that you will have much better chances of having _— this passed in November than if you bring it back to the Commission of our final say so. Mr. Plummer: What criteria, for example, have been set? SEP 171982 Maydr Perte: They ate very clear ih this thing, It Mr. Plummer: No, no, criteria for the committee: Mayor Ferre: The criteria for the committee is neighborhood...Mrt City Attorney, would you clarify? Mr. Garcia -Pedrosa: Yes, sir, it is on page 5, the second full paragraph on the bottom. Mayor Ferre: The boundaries committee shall meet all constitutional requirements and shall attempt to maintain both ethnic...you have that one?..* Mr. Viummer: Yes. Mayor Ferre: ....and neighborhood representation; giving the highest priority to the factor of ethnicity. Do you have that one? -Mr. Plummer: Yes. I have no problem. Mayor Ferre: In defining the boundaries of the districts, the boundaries committee shall observe Federal and State laws and County ordinances concerning the establishment of the integrity of voting precincts. Mr. Plummer: O.K., how many people are going to be in a district, for example? Is it going to be like the legislative? Mayor Ferre: It has to be one by constitutional mandate. It has to be one man/one vote. Mr. Plummer: No, no, no, no, no. Is one district going to have ten people, and the other district ten thousand? Mayor Ferre: It cannot have it...that is unconstitutional. It says here, obviously, it must follow one man/one vote. Mr. Carollo: Boy, I tell you, ever since your brother John lost, you have been awfully jumpy. Mr. Plummer: I might recall to your mind, Mr. Carollo, that was the republican member of the family. Mayor Ferre: One man/one vote. Can't get away from that. I would strongly urge that we put aside any protective instincts and that we cut the umbilical cord to permit an objective, high-grade, entity of people that this community would trust to set those lines. Rather than letting it fall on the hands of the legislative body because whether we know that we are not going to be self-serving, those people out there in the community are not going to believe it. I think it is better to let the people know that we cut that umbilical cord; that we trust the procedure of the.... Mr. Carollo: If that is the case we had better make sure that we appoint people that are non -political to that board. Mayor Ferre: I agree with that. That is why I appointed Mr. Tom Mac Ailely. Mr. Carollo: At least one of those names there nobody in the, public is going to buy that is not political. Mayor Ferre: That is between you and another member of this Commission. Mr. Carollo: I appointed my man. *Mr. Plummer: So have I. is he still in the committee, J.b:p.pr not? 20 SEP 171982 Mayor Ferre: You told me, J. t. , that he Would Plot sef'i3e. I d6a1 t.. , ► Mr. Plummer: He told me there wa.s no problem. Mayor Ferre: I stand corrected. When did you talk to him? Mr► Plummer: What is today, Friday? Wednesday night► Mayor Ferre: I stand corrected. Mr. Carollo: I hear he is still looking for somebody to take him to the gun range. Mayor Ferre: I stand Corrected. But that is not an issue right note. Mr. Plummer: Correct. Mr. Carollo: Maurice, I tell you, regardless of how the boundaries are going to be cut, I really do not care. Let's just vote for it. I think your suggestion was right. I think that there is going to be some politics played with some of the people involved, but at this point in time, I do not care. I just want to get it in the ballot because I think it is going to serve our City the best. Mayor Ferre: Is there a motion? Mr. Carollo: Move. Mr. Plummer: You already have a motion and a second. Mayor Ferre: Are we ready to vote on it? Is everybody ready to vote on this? Are you O.K. on this, Demetrio? Mr. Perez: Yes, the only thing that I would like to have from our boundaries committee, I would like to add something, that the final decision would be subject to the approval of the majority of the City Commission. Mr. Plummer: How about two-thirds? Mayor Ferre: If you do that you are going to get yourself into a' political.... Mr. Perez: I think that we are making a delegation of .functions, anyhow.... Mayor Ferre: I will assurA you that if you do that the 'odds are that this will be defeated. Mr. Plummer: How about in the negative then? How about the Commission' can hold final veto over it? Mr. Carollo: With all respect to both of you, I think that the people that are going to be against it, like Manolo Reboso and Xavier Suarez and a few others, are going to be against it regardless of what we say. Whatever position the Herald is going to take, they are going to take it regardless.... Mayor Ferre: I'm not worrying about it because I will tell you I found that Manolo Reboso and Xavier Suarez do not have too much political power in this town. But I am afraid in a Charter amendment, the two newspapers that will editorialize on this will have a lot of power. It is the same thing as that procurement ordinance. Therefore, that is why I am trying to make this as objective and as clean, because otherwise, if there is any cloud over it, it will not pass. Believe me, it won't pass. If you want to go to district, gentlemen, please, 21 SEP 171982 Mayor Ferre (C0N'T): ....do it as clean as you can possibly do it. 86 that if it fails, it is an honest failure and nobody can say that we were playing games or we were trying to gerrymander for our protection or anything else like that. Mr. Plummer: Maurice, that is exactly what I am trying to say. If you say up front to the people, here are the boundaries.... Mayor Ferre: Then put it in there, PLummer. Plummer, I agree with your objection. Here is what let's do. Mr. City Attorney, Mr, Garcia -Pedrosa: Yes, sir. Mayor,Ferre: Can you insert in here language to the effect that says that before this is voted on November the 2nd, first time around..b because obviously we cannot guarantee what will happen in 19906 Do you follow me, PLummer? Mr. Plummer: Go ahead. Mayor Ferre: In 1990, this process happens all over again.So you are only worried about now in 1983, Mr. Plummer: Hopefully '84. Mayor Ferre: Or hopefully '84. Can you change the language so that it says that before the people vote on it we will have a report from the committee? Mr. Garcia-Pedrosa:I can't do that, Mr. Mayor. May I remind the Commission that the resolution was passed at the last meeting appointing a boundaries committee on ad hoc basis and instructing it to come back with the districts prior to the November 2nd vote. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Carollo: You guys, in the mike. I don't want you to have any problems. Mr. Plummer: I do not like it, Maurice. I like the ordinance. I am in concurrence with the ordinance. But unless you show me boundaries, I am not going to go with it. Mayor Ferre: I agree with that. Mr. Garcia -Pedrosa: Do you remember the resolution you passed, though? Mayor Ferre: That is not sufficient for him. Mr. Garcia -Pedrosa: O.K., put it in. Mayor Ferre: Show me how legally you can do it. Mr. Perez: But how come we have to add this paragraph? Mr. Carollo: You better hurry up and go to the mike or.... Mayor Ferre: That would kill it. If you do that what you are saying is you do not want it to pass. Because it will not pass. Mr. Plummer: What is your.... _g INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: How about that just the boundaries come -back before the Commission? Mayor Ferre; What else is there? 6 22 SEP 1719o2 27 x Mr. Plummer: Let me tell you what the wording of this. Tell me if I am wrong. Jose, this is in fact if approved, it is giving to the boundaries committee to increase the number from five to seven. It is giving to that committee to establish the terms of each Commissioners and the date, and the manner of their election. Mr. Garcia -Pedrosa: No, sir, that is not correct. The boundaries committee merely sets the boundaries. Mayor Ferre: Boundaries! That is why it is called the "boundaries" committee. Mr. Plummer: Read the wording. Mayor Ferre: What page? Mr. Plummer: Page 9. Mayor Ferre: Read it into the record, Plummer. Mr. Plummer: Read it yourself, and see what:I am saying. Mayor Ferre: Tell me, page 9, what section? Mr. Plummer: Down here Maurice, where it says, shall the measure known as ordinance number so and so.... Mayor Ferre: "Shall the measure known as ordinance number proposing amendments to section 4-a, 13-a, and 13-b of the City Charter to incorporate district elections of the City Commission; establish a boundaries committee to define the boundaries of the districts; to increase the number of commissioners from five to seven; and to establish the tems of each commissioner and date and manner of their election be a roved?" Now how can ou ossibly interpret PP . Y P it that way? Mr. Plummer: You don't interpret that to mean that the boundaries committee will be making those decisions? Mayor Ferre: Of course not! There is a semicolon after each one of those things. Mr. Garcia -Pedrosa: No, sir, I do not. Mayor Ferre: In the English language semicolon means you know.... Mr. Perez: Could we say instead: to establish A boundaries committee to instruct a boundaries committee.? Mayor Ferre: Look, Demetrio, if you want to do that.... Mr. Perez: We have to establish some kind of guidelines. Mayor Ferre: ....make a motion to that effect. My advice to you iA that will totally kill the possibilities of this thing being passed in November. You have Clark Merrill out there, who has been watching these things for 20 years. I have not talked to him. Have I talked to you about this, Clark? Come here. Tell me the truth now. You tell me on the record. Do you think this thing stands a better chance if it is an independent entity that is not tied to the political body? Mr. Clark Merrill: I think that the perception of the public would be that if it were an independent body that it would be more acceptable. 23 SEP 17198Z Mayor Ferre: Plummer, what I am trying to tell you is that if you want districts, my friend, you have to cut the umbilical cord. You have to have faith that these nine people are going to be just and honorable. You cannot eat your cake and keep it too. If you want to be political about it - -�My advice to us is that if you keep it political, it will not pass. For you to make the transition to districts, you are need to have the courage to cut the umbilical cord. I know ... but I mean, you are going to have to trust that these people are going to get boundaries that are going to be reasonable and it defines how they are going to be reasonable. They are going to keep ethnic, underline ethnicity. Mr. Carollo: Gee, Plummer, you have very little faith in the guy you appointed to that committee. Mr. Plummer: You know, if he had more of a majority vote, 1 would not have that problem. Mayor Ferre: You know I don't think you have any questions that - Tom Mac Ailely is going to look at it that way. Mr. Plummer: No, Mr. Mayor, but when you start going to the Cuban Bar, the Black Bar, the American Bar, I may merely recall to your memory the squabble that broke out and the hellacious problems that you were faced with when the Dean of the University of Miami came screaming to you and said: "each one of these are voting for their own protective right." Do you remember? Mayor Ferre: Yes, but.... Mr. Plummer: Remember? I do. Mayor Ferre: But I mean to tell you that the majority of the people that are appointed to this... it is a nine member committee. I think that the Judge of the Circuit Court and the Dade County Bar President' and Tom ffi c Ailely and I am sure thRt the -erson that you Pre vn{no to appoint and the person that Miller Dawkins has appointed and the persons that Joe and Demetrio appointed.... Mr. Carollo: That is everybody. Mayor. Ferre: If you look at it, I do not see 'what 'you have to fear, frankly. Mr. Carollo: The ghost of John Plummer is mine. Mayor Ferre: You have to cut that umbilical cord. If you do not cut that umbilical cord, Plummer, you are not going to have districts. Mr. Carollo: I tell you what, I think I want to relieve J.L.'s worries _ by changing one of my appointees to one of the Renick brothers. Mr. Plummer: That is good because he will be looking for a job, Mr. Carollo: Most likely. Mr. Plummer; I hope. — Mayor Ferre; What do you want to do, so that;w0 odno homy? 24 _: SEP 171982 Mayor Ferre: Mr. City Attorney, can you amend this so that before November the 2nd. Here are the instructions that l would like to see if we can get concensus on. You amend this ordinance so that the first go around which is this time that by November 2nd will have deliberated and defined what we are voting on. Mr. Plummer: You just got my vote. Mr. Garcia -Pedrosa: I think I have done that, Mr. Mayoro rather quickly here because we must pass this tonight. Mayor Ferre: Tell me how you did it. Mr. Plummer: Come back and show me the boundaries first, and then I can vote yes or no. Mayor Ferre: Listen to him. Mr. Garcia -Pedrosa: Beginning with a title.... Mr. Plummer: First page? Mr. Garcia -Pedrosa: Yes, sir. On the seventh line of the title. Let me start with the sixth line. "establishing a boundaries committee which shall be initially empaneled" and then we delete the language "nine months prior to the next general election" and insert the word "immediately". The same change would be necessary in section 1, on lines 7 and 8; where it says "nine months prior to the next general election". Delete that language and insert the word "immediately". Mr. Plummer: Well, that does not do what I need. Immediately they shall come back with a report setting the boundaries prior to the November election. Mr. Garcia -Pedrosa: I'm getting there, Commissioner. Mr. Plummer: Oh, I'm sorry. Mr. Garcia -Pedrosa: The next page would be page 5. The first complete sentence says "the boundaries committee is hereby established. It shall initially be empaneled..." the same change "immediately"in lieu of"nine months prior to the next municipal general election." The second full paragraph would read: "the boundaries committee shall reconvene" instead of "convene immediately after the next census". Then the third paragraph from the bottom would have to say before the wording that is there now. It would have to have this clause: "after the next general municipal election, the boundaries committee shall set the final boundaries" and so forth. Mr. Plummer: Wait a minute. I lost you on that one. Mr. Garcia -Pedrosa: Three paragraphs from the bottom on page 5, insert the following clause at the beginning of the paragraph. "After the next general municipal election,". Mr. Plummer: Show me where you are reading. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr; Garcia -Pedrosa: Finally, Mr. Mayor, we would add a sentence to page 5 at the bottom, which would read as follows: "the initial determination of the boundaries committee, as to the boundaries shall be made prior to the referendum ordained in section 2 hereof." 25 SEP 171982 Mr, Plummet,. This is first teadingi right? Mt. Gatcia4ediosa: Noy situ this is second teading. Mayor Ferre: Not only is it second reading. It is the last ehanee we have. If we don't do it tonight, it is not on the ballot, Mr. Plummert O.K., fine. I can even live with that. Mayor Ferret Read it again so that I can understand it. Just read tad that last paragraph. I don't care about the other stuff. Mr. Garcia -Pedrosa: All right, sir, page 5 at the bottom we added a new.,sentence which reads in its entirety as follows: "the initial deter pnination of the boundaries committee, as to the boundaries, shall be made prior to the referendum ordained in section 2 hereof." Mayor Ferre: Plummer, why don't you make a motion then to insert this.'... Mr. Plummer: As amended. Mayor Ferre: ....into the ordinance. No, let us do it formally. Is there a motion that the corrections made by the City Attorney into the record just now be incorporated into this ordinance? Mr. Plummer: I so move. Mayor Ferre: Is there a second? Carollo seconds. Further discussion? This is just by simple roll call. Call the roll. AT THIS POINT MOTION WAS DULY MADE AND SECONDED THAT THE CORRECTIONS MADE BY THE CITY ATTORNEY BE INCORPORATED INTO THE ORDINANCE, AGENDA ITEM 3._- AYES: Commissioner J.L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins: Mayor Ferre: All right, are there any other changes in the ordinances presented to us? Mr. Garcia -Pedrosa: None from me, sir. Mayor Ferre: Any members of the Commission? Any members of the public want to talk on this? All right, read the ordinance as amended. AT THIS POINT AGENDA ITEM 3, ORDINANCE ON SECOND READING WAS PASSED. IT WAS LATER RESCINDED AND RE -PASSED. The vote was as follows: _ AYES: Commissioner J.L.Plummer,Jr. Commissioner Demetrio Perez,Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre ARSRNTt Commissioner Miller J. Dawkins Mayo Fe re: tem 4. Mr. arc a -Pedrosa: Mr. Mayor, item 4 is the second reading of proposed Charter amendment number 3, which is the time of election and so forth. Where is one change on the second page. I now hand that to the members of the Commission. Mayor Ferre: Let the record reflect on item number 3 that the Commission and all members of the public had a copy of that ordinance before theta. 26 SEP 171982 Mr. Garcia -Pedrosa: Yes, sir. The problem here being that the supervisor of elections has advised us that if we go to an even numbered year situation such as is contemplated here, the volume of elections that he has to handle at that time will not permit him to certify results and have ballots printed quickly enough to have a run-off, if needed on the following week. What we have done is to make it two weeks later. Mr. Carollo: Yes, this is a lot better. Mr. Plummer: The only question I have to ask is, is that going to create...b presently there is approximately four weeks between the primary and the run-off. Is that going two weeks later going to create a special election? Mayor Ferre: No, no, J.L., right now our Commission is one week after. Mr. Plummer: We are going on election on a presidential year. As it stands today, as it is right now, the primary was September 7th. The next election is October 5th. If we go in two weeks with our run-off, is that going to create a special election at $100,000? Mayor Ferre: No, no, look.... Mr. Plummer: Or if we went four weeks, we would be on the next regular ballot. Mayor Ferre: Yes, but see, you are changing this whole thing. Because what in effect this thing says is that the first election is on the first Tuesday of November. Then there is a run-off. That election is on a third Tuesday of November. Mr. Plummer: Are we smart to do that? Mayor Ferre: I don't know. I think that we are because either that or you have the run off election on the presidential election. Mr. Carollo: If you have a run-off election. Mayor Ferre: But that means that the election .... Mr. Gary: The numbers come out on the second Tuesday. That's when the people come out for the presidential... Now you are talking about the Tuesday. You are not going to have the turn out. Mayor Ferre: It seems to me.... Mr. Plummer: I am just trying to eliminate $100,000 expense. Mayor Ferre: I think Plummer has a valid point. There is going to be a run-off election. There is an election in September, there is one in October. There is one in November. Mr. Carollo: But you are killing the whole purpose for doing that, The time that you get the largest turn -out is on that November the 2nd election, =� Mayor Ferre: That's when we want the run-off election. Mr, Carollo; But many times you don't have run-offs, Mayor Ferre; But you can't have everything. You got to.,.. Mr, Plummer; 1 see both ways, 27 SEP 17 1982 Mayor Ferre: I think the run-off election should be November the 2nd. Therefore, I think that the first election should be in October, the second Tuesday of October. Mr. Plummer: And you don't create a special election of $100,000. Mayor Ferre: Much better. Mr. City Attorney? Does anybody have any.'objections to that? Should this pass, and I don't think that we have that much of a chance of passing it, but should we be lucky enough to pa_is it, I think that the first election should be the first Tuesday of October. The run-off election should be the first - Tuesday of November. Mr. Garcia -Pedrosa: You mean the first Tuesday following the first = Monday. Mayor Ferre: Is that the way it is nationally? Mr. Garcia -Pedrosa: Yes. Mayor Ferre: The first Tuesday following the first Monday.; Mr. Garcia -Pedrosa: Right. Mayor Ferre: In the run-off elections in the County, like this one now October 5th, is it the first Tuesday following the first Monday? Yes, that is always the way it is. Right? Clark? Is it the first Tuesday following the first Monday always? All right, so in other words, Mr. Plummer is now moving that the following changes be made: that the election (we are on item number 4) be held on the first Tuesday following the first Monday of October. If there is a run-off election, the run-off election be on the Tuesday following the first Monday of November. Then that will coincide with the other election. Is that correct, Mr. Plummer? - Mr. Gary: Are you sure you want it that way? Mr. Plummer: I don't know why not. Mr. Gary: How many people come out on the first of October? Mr. Plummer: OFF MIKE INAUDIBLE Mr. Gary: Fine. Mr. Perez: Let me clarify something, Mr. Mayor. I would like your clarification. What I try to say is that the member whose term expires next year, go to election '84. Mayor Ferre: That is right. o Mr. Perez: The other members expire on 1850 go on 186. Mayor Ferre: That is correct. -'�- Mr. Perez: Does that include me? Mayor Ferre: You are covered just as well as Joe is. You both Set a little extra ride. Mr. Carollot Yes, all in the mind, 628SEP 171982 �j 3 Mayor Terre: All tight, Mr. 'Plumef, is that your motion h6v? Mr. Plummer: That changes ..yes that is thy amendment, Mayor Verret Is there a second? Mr. Carollo: In.order for J.L. to sleep on it totighto I seeand it. Mayor Ferret Further discussion on the intent of that notion? Call the roll. THEREUPON MOTION DULY MADE AND SECONDEDs THE COMMISSION PASSED THE ABOVE MOTION, Mr. Garcia -Pedrosa: I need a second, Mr. Mayor, I think we need to Cross check the...we are only talking about the run-off there. We need to cross check the original.... Mayor Ferret You are talking about the run-off. What he is saying is the general election for the City of Miami election of Mayor and Commissioners will be: the first one will be October and the second one will be November, if we go to even years. If we don't go to even years, then you don't have to worry about it. Mr. Carollo: That is a big if. Mayor Ferret You know that the odds are against that, so, let's move along. Are you ready, Mr. City Attorney? Mr. Garcia -Pedrosa: No, sir. That would require an amendment to section 8 of the Charter as well, which presently provides that a regular municipal election.... Mayor Ferret We need his vote, so hurry up. Mr. Garcia -Pedrosa: It schedules the election in November and we merely changed the odd numbered year to even number year in 8. If you want to make this change we have to go back and change section 8 to reflect.... Mayor Ferret Do we have enough time to do it? Mr. Garcia -Pedrosa: Yes, sir, if you can defer the item for a minute and come back to it after amendment number 4. Mayor Ferret How many votes do you need on that? Three? Mr. Garcia -Pedrosa: On the adoption of the ordinance? Mayor Ferret Yes. Mr. Garcia -Pedrosa: Yes. Mayor Ferret So then if he leaves, we do not have any problems, Mr. Garcia -Pedrosa: Assuming that the three that are here vote in favor, yes. Mayor Ferret I don't know on the record. Are you going to vote for this? Mr. Carollo: Why don't you go over it again. Mr. Perez: I am supposed to -leave at 7:00, Mayor Ferret We have a time constraint, I tell you Vh9t. ' L000 leave this one behind us and let's do 5 and 6. Mr, Garcia -Pedrosa: O.K. 29 SEP 171982 Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Mr. Perez: Second. Mayor Ferre: Seconded by Perez. Further discussion? Read the ordifidbCd. Is there further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 4", AMENDING SECTION 21 OF THE CITY CHARTER BY MAKING THE WRITTEN LEGAL OPINIONS OF THE CITY ATTORNEY, DESIGNATED AS SUCH BY THE CITY ATTORNEY, BINDING ON ALL MEMBERS AND PERSONNEL OF THE COMMISSION, OF THE OFFICE OF THE CITY MANAGER, OF THE OFFICE OF THE CITY CLERK, AND OF THE CITY DEPARTMENTS, OFFICES, BOARDS, AND COM- MITTEES NOT INCLUDED WITHIN ANY DEPARTMENT; _ REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONATAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 9, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9488 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre; Take item number 6. Lucia, what does 6 do? This is a resolution, right? Ms. Lucia Allen: This is a resolution that will call for the election of all three Charter amendments. - Mayor Ferre: Do we have to move on 4 before we move on 67 Ms. Allen; Yes. Mayor Ferre; Yes, we have to. So we have to wait. Whiie we are waiting M1 SEP 17 190 Mayor Ferre (CON'T): ....I would like to, Mr. Manager, inform you that I am giving through you to Mr. Reid a letter and a memorandum from Reid Bardum, is that the name of the firm? I'm sorry, Barton, Ashman Engineers. Mr. Paul, don't go because your client is involved in this. That gives access from Dupont Plaza along 3rd Street and brings the ramp down at a 6 1/2% grade before ... what is the name of that street? Before 3rd Street. I think this is something that this Commission has been beating around the bush. Mr. Skippy Sheppard has been down here. I would like to, before the end of the evening i make a motion and ask Mr. Paul in representation of your client, would you speak to this issue? Mr. Dan Paul: I have examined the new plan that has been proposed by Mr. Gould and so has Mr. Sheppard. As the Mayor says, it essentially would now permit S.E. 3rd Avenue to be open and it would permit direct access from the Dupont Plaza into S.E. 3rd Avenue. It would bring the ramp down at ground level at S.E. 3rd Avenue. From a pedestrian point of view, I think that is very advantageous to the City. I think it is a much better plan. The Dupont Plaza supports the plan. Mayor Ferre: Now, in the interest of time, Mr. Manager, the reason I am bringing this up, and I am going to make a motion to that effect, is because we move very quickly, those working drawings are going to be finished and that ramp is going to be like a Chinese wall over that street. So, I would like to move that the City of Miami Commission go on record that this is the policy. Mr. Reid, as I understand it you agree with this? Or Mr. Manager, I'm sorry, through you. Mr. Gary: Yes, air. Mr. Reid: Can I make one comment? Mr. Gary: Yes, in a minute. I would like to also let the Commission know that the final decision with regard to what actually happens... and I understand that you want us to work hard to get your position across to the rest of Dade County and the State of Florida. Mayor Ferre: I realize that. That is why I want to make this tonight so that you are instructed on Monday to go tell them that this Commission has taken a position that we want that ramp to come to grade before that street. Mr. Plummer: Before the avenue. Mayor Ferre: Whatever it is, 3rd Avenue, yes. - Mr. Reid: Mr. Mayor, from an urban design point of view, it is a much better plan. I would point out that the providing access by the Dupont Plaza Hotel to that street is going to cause another interference with the off ramp coming from the expressway. I think that is something o so consider. Mayor Ferre: Mr. Reid, do you think this is good or bad? Just one word. Mr. Reid: From an urban design point of view it is better, but it has a traffic penalty. _ Mayor Ferre: Thank you, sir, but it has off setting problems, I understand. The bottom line, Mr. Reid, do you think the people in — Miami will be better served by this? Mr. Reid: Yes. Mayor Ferre: Thank you. Now I move that be the policy of the City of Miami. 31 SEP 171982 Mts Carollo: Han, how many hate did you coiae wearing tonight? Mayor Peree: I so move, Mr. Chairman, Mt, Carollo There is a motion. Is there a second? Mr, Perez: I second. Mr. Carollo: There is a.motion. There is a second, is there any further discussion? Nobody wants to call Mr. Gould up? Hearing none* may we have roll call. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION 82-858 A MOTION STATING THE POLICY OF THE CITY COMMISSION WITH REGARD TO THE BIFURCATED RAMP SYSTEM IN THE DUPONT PLAZA AREA STIPULATING THAT SAID RAMP SHOULD BE BROUGHT DOWN TO GRADE LEVEL PRIOR TO ITS REACHING THIRD AVENUE, ALL IN ACCORDANCE WITH A WRITTEN PROPOSAL SUBMITTED TO THE MAYOR BY MR. THEODORE GOULD, WHICH WAS READ AND DISCUSSED THIS SAME DATE. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Mayor Ferre: Wait, wait, on the record, I did not hear Plummer's vote. He is so anxious to leave. Would you let the man leave? Mr. Plummer: Mr. Reid was so energetically forthcoming with his affirmative yes, I could not vote any other way. 3. Ii'CTRUCT CITY MANAGER TO ALLOCATE $20,000 FOR PREPARA:IO11 OF MOVIE SLIDE PRESENTATION -OPENING CEREMONY OF CUNVtriTIC11 CENTER i�'unliri, t►�Tia i.Oi.Vu;.:lv;:. Mayor Ferre: I also move, Mr. Chairman, that the Manager be instructed to select a local firm to do a movie and a slide projection.... Mr. Carollo: What movie? Mayor Ferre: Not Scarface, Mr. Carollo: There he goes, Plummer's mind ... boy, I tell youl Mayor Ferre: A movie of the opening of the City of Miami/University of Miami/James L Knight International Center and the A.S.T.A. Convention, keeping in mind that it will be used for selling and promotional activities in the future; up to $20,000. Mr. Gary: Without coming back to the City Commission. Mayor Ferre: Without coming back to the City Commission, but checking out verbally with the Commission before.... Mr. Carollo: There is a motion. Is there a second? 32 SEP 17 1982 Mt. Gary: I can't take your picture. Mayor Ferret And furthermore, Mr. Manager, I want to add to my motion that I understand here that Miami Beach and the City of North Miami may participate in paying for the film. Don't ask me why. Mr. Plummer: The question I am asking is someone told me yesterday that,there is now an opening schedule for October 1st. Mayor Ferret Yes. Mr. Plummer: Is that the formal opening? Mayor Ferret Yes, Mr. Gary: The last time I heard, it was. Twill get back to you on Monday. Mr. Plummer: Someone else told me there was going to be a formal opening there in December. — Mayor Ferret As I understand it in effect there are two openings. One is October 1st. The other one is a party they want to throw in December. But the formal ribbon cutting.... Mr. Gary: ....is October 1st. Mayor Ferret ....with James Knight and Dr. Foote, or whatever his name is, Mr. Foote, from the University of Miami, Dan Paul, and all the other people that were involved in this project will be October the 1st. You will be off in Paris. You will be doing better things. Mr. Carollo: Roll call, please. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION 82-859 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE FUNDS OF NOT TO EXCEED $20,000 FOR THE PURPOSES OF SELECTING A LOCAL FIRM TO PREPARE A MOTION PICTURE/SLIDE PRESENTATION IN CONNECTION WITH THE OPENING CEREMONIES OF THE A.S.T.A. CONVENTION AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI-JAMES L. KNIGHT INTERNATIONAL CENTER; SAID MOVIE/SLIDE _ PRESENTATION TO BE USED FOR FUTURE PROMOTIONAL PURPOSES; FURTHER STIPULATING THAT THIS ISSUE NEED NOT COME BACK BEFORE THE CITY COMMISSION BUT _—_ THAT THE CITY MANAGER SHALL POLL INDIVIDUALLY THE MEMBERS OF THE COMMISSION PRIOR TO THE AWARD OF THIS CONTRACT; AND FURTHER DIRECTING THE CITY MANAGER TO CONTACT THE CITIES OF MIAMI BEACH AND NORTH MIAMI -_ SINCE THEY HAVE EXPRESSED A DESIRE TO PERHAPS SHARE IN THE COST OF THE FILM PRODUCTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer' Jr. -" Vice Mayor Joe Carollo Mayor Maurice Ferre 1QS: None. AD$ NT: Commissioner Demetrlo Perez, Jr, �� J. Commissioner Miller �kins _� €l 1 4. RECO11SID7RATION OF C:'.AR.T-_R A?MI TY'ErT # 2 AND RESCINDING OF SA1:L. Mr. Jose Garcia -Pedrosa: I need for you to reconsider your adoption of Charter Amendment #2 and then to pass Charter Amendment #3 as originally drafted and that will accomplish the result. Mayor Ferre: Tell me that again. Mr. Garcia -Pedrosa: If you reconsider your adoption, your passage of Charter Amendment #2, the one that contained the Boundaries Committees in it, and per- mit me to Change one word in it, or you change one word in it through your amendment process.... Mayor Ferre: Hey, Plummer, this is real complicated so stick with us because we've only got three people now, we've got to get through this. We've got to rescind the previous vote. Mr. Garcia -Pedrosa: Yes, sir, and readopt Charter Amendment #2 with one change in it. Mayor Ferre: All right, is there a motion to rescind the previous vote on Charter Amendment #2? Mr. Carollo: There's a motion. Mayor Ferre: Moved by Carollo. Is there a second? Second by Plummer. Further discussion? Call the roll on the rescinding. Thereupon the foregoing motion to rescind the previous vote on Charter Amendment #2 introduced by Commissioner Carollo and seconded by Commissioner' Plummer was passed and adopted by the following vote: AYES: Commissioner Joe Caroller Commissioner J. L. Plummer, Jr. - Mayor Maurice A. Ferre NOES:: None. — ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Mayor Ferre: All right, now, what is the change you want to make? Mr. Garcia -Pedrosa: On Page 8, Section 8, the 7th line, the word November is to be stricken and the word October is to be inserted in its stead so - that the whole sentence will now read: "A non -partisan primary election - for the nomination of candidates for the Commission shall be held on the first Tuesday after the first Monday in October." _ Mayor Ferre: No, sir, no, sir. If you do that you're going to change the - election date in the odd years which we don't want to do. In other words if the people of Miami vote for Districting but want to keep it in odd years, we want to keep the same system we presently have. What you're doing - changes that. Mr. Garcia -Pedrosa: Mr. Mayor, the districting and the odd numbered years are separate Charter Amendments. I didn't read the complete sentence, the sentence would read: "... the first Tuesday after the first Monday in October ever two years.", that would be preserved. So it wouldn't matter whether it was odd or even numbered years. -;tea Mayor Ferre: Precisely, that's why I'm against it. Precisely, that's exactly the point, the point being that if the electors of the City of Miami wish to keep whatever system they choose, let's say'they go to dis- tricting, if they vote for that but they want to keep it in odd years the way it is now, we want the same system now which is the first Tuesday and 4 the run-off a weep later. Now, if on the other hand they want to go to the 34 SEP 1719a2 0 I Pkesid#htial And the Congtessional year which is even years then to that we can accomplish what were trying to accomplish which is the maxiMUM tutu -Cut, You follow the principle, the political philosophy behind this is that we want the election to be held on the day when the maximum number of people go out to vote and that is November the whatever. Okay? So it is a differ- ent thing if we go to even years. Do you understand? Mr. Garcia -Pedrosa: I understand, Mr. Mayor, the difficulty is that if YOU keep Charter Amendment #3 which has the Boundaries and goes every two yeatsr the way you presently have it in Section 8, you will see that you have the Regular Election the first Monday in November and the Primary.... 1 mean the Primary the first Tuesday after the first Monday in November and the Run -Off the second Tuesday after the first Monday in November. Mayor Ferre: Precisely, and we want to keep it that way. We only want to change it if we go to even -numbered years. So simply, I think two is Okay the way it is what you need to change is the ordinance. Mr. Garcia -Pedrosa: I'm worried about inconsistent referendum results, let me try to accomplish what you're saying without incurring that problem. Mayor Ferre: How about setting the election by ordinance, the election dates by ordinance? As set by ordinance of the City Commission and then the Com- mission could set the dates in the future. Does that accomplish it? 5. I.'-!.S. PROBLLt_S k1I::= LI1.LJ OF P7SONS 071 PUBLIC ST IELTS AND SIDEWALKS IN TIE DOVr�I_ 011N AREA. Mayor Ferre: The INS problem dealing with obstruction of City of Miami side- walks, I think we need, I think this ordinance that is before tis is one that we need to pass tonight. I think we have to put the burden of this on the INS, I don't see why the streets of the City of Miami should in any way be used to solve any agency's problems, the streets of the City of Miami are for the pedestrians and not for federal agencies to have to hold lines for their job. Now, in any systematic organized society people go and they get a little number and the number then says that your INS case will be heard on such a date at such a time certain and that's it and they've got to learn how to do those things instead of going through this horrible inhuman practice of having people stand in line for 10 and 12 hours, some of those people get- ting there at two O'Clock in the morning so that they can be there before 12 O'clock the following day. That's unbelievable that in the United States of America we would treat people that way. This isn't Cuba or Russia or some other peanut republic that treats people in that kind of an inhuman way. Mr. Plummer: Well, what are you proposing? Mayor Ferre: What I'm proposing is that there be no lines in the street (1), on the sidewalk; (2) that instead of waiting on the street, an applicant be permitted inside the building to obtain a number which will give him a date and a certain time for an interview; (3) that no one be allowed to either disrupt traffic or the flow of pedestrians on Miami's sidewalks or to violate the City of Miami Fire Code inside the INS Office which they violate contin- ually. I mean in other words what I'm saying is.... Mr. Plummer: And I concur. Mayor Ferre.... that you know, that we tell... Mr. Plummer: Maurice, my only problem is, that I see that we have gone to an extent, without us, the Commission knowing about it, of issuing four occupational licenses. Mayor Ferre: That is ridiculous. The Manager has already revoked that. Mr. Plummer; Now...they have been revoked? Well, I am happy he did, but I question how he did it. 35 a SEP 171982 Mayor yetre: Unilaterally) whieh is the tray mnagetb have to da these things► Mt. Plummer: All right, so what we are saying is* by this Cotnmission set- ting its policy, the policy shall be that there shall be no more impeding of the pedestrian right of way of. -this City, Mayor Ferre: Do you want to make a motion to that effect? Mr. Carollo: Moved, Mr. Plummer: Yes. Mayor Ferro: Second, is there further discussion? Call the roll. The following motion was introduced by Vice -Mayor Carollo, who hotted its adoption. MOTION NO. 82-860 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION ON CONNECTION WITH PROBLEMS CREATED AT THE IMMIGRATION & NATURALIZATION SERVICE (I.N.S.) DOWNTOWN OFFICE; INSTRUCT- ING THE CITY MANAGER TO SIT DOWN WITH A REPRESENTATIVE OF I.N.S., AND TO TRY TO WORK OUT A PROPER PLAN ALONG THE FOLLOWING LINES. 1) THAT THERE BE NO LINES ON THE CITY STREETS; 2) THAT I.N.S. BE ENCOURAGED TO ESTABLISH A SYSTEM WHEREBY APPLICANTS, INSTEAD OF WAITING ON THE STREET, BE PER- MITTED INSIDE THE BUILDING TO OBTAIN A NUMBER WHICH WILL GIVE HIM A DATE AND TIME CERTAIN FOR HIS INTERVIEW; and 3) THAT NO ONE BE ALLOWED TO EITHER DISRUPT TRAFFIC OR INTERFERE WITH THE FLOW OF PEDESTRIANS ON MIAMI SIDE- WALKS, NOR TO VIOLATE THE CITY OF MIAMI FIRE CODE INSIDE THE I.N.S. OFFICE BUILDING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo 6. MOBIL;. VEIIDORS DOIIIG BUSII ESS IN TEE CITY: ZONING REQUIaEIE;UTS LICENSE. Mayor Ferre: Now, vendors. Mr. Carollo: Does that include when they are bringing big trucks from the Herald Building and blocks the streets and sidewalks and everything too, or what? Mayor Ferre: Everybody. Mr. Carollo: , put up your other hand, now. Mayor Ferre; All right, are you ready to go on the next Mr. Gary; No, before you.,. Mayor Ferre; We are not going to deal with that until after we pass all this stuff, then we will go to your ordinance. .SEP 17 1982 Mr. Plummer: Mr. Mayor, I strongly recommend that you temporarily su6ptftd the special call and create a new call so that we are legally... Mayor Ferre: I will do so. Okay, I will extend the special call to include these items that we are dealing with right now. Vendors. 1.) That the downtown area and other pertinent areas, Coconut Groveo Little Havana, whatever, of the City be zoned. 2.) that licenses will be issued to Vendors on a area basis for a ,particular zone, and only for that zone in specific categories, hot food, fruits, flowers, whatever it is that we are giving the Vendors permits for. 3.) For the Vendors to be licensed, he or she must sign a declaration that he or she understands the rules and regulations for his or her license, so that they don't say "Well, I didn't know I couldn't go to Coconut Grove Park, or that I couldn't sell hot food along with flowers". 4.) A reasonable fee for the licenses be applied to cover the expense of monitoring these street vendors. 5.) The applicants for specific zones will be picked on a lottery basis, so that all will have an opportunity to participate in the most lucrative zones. 6.) No vendor will have any zone for more than one year and cannot return to that zone for four years unless there are no other, applicants. In other words, if I want to be the Vendor on 27th Street in Coconut Grove, and I want to have a flower operation there and nobody else wants it, then I can reapply and get it the second year. Mr. Plummer: What are we doing, if anything, about distance requirements .of competition with a like business? Mayor Ferre: I am getting to that. 6.) (con't) The annual selection of Vendors will be balanced so that all segments of this community can participate if they they so wish - Blacks, Hispanic, White Anglos, etc. 7.) Strict enforcement of rules and regulations to insure no dis- turbance of established tax paying businesses, or of other citizen's rights. That is something that we have to come up with, is what those rules and regulations... Mr. Plummer: Well, I think there is now, what the Police Department is using, a three hundred foot distance requirement that they cannot be in competition. Mayor Ferre: Let me tell you what the problem is. Mr. Carollo: That is why that hotdog guy got arrested. Mayor Ferre: Let me tell you what the y problem is. Mr. Plummer: Well, I am asking, are you putting that in there? Mayor Ferre: I am not, because I am leaving that open for further dis- cussion. Let me tell you what the problem is. I was in Washington. I walked by 19th, yesterday afternoon, right off of "K", and all along that street, there must be 300 vendors. And I asked to see how they operate and in New York it is the same way. Problem with that 300 foot distance is, on whose word...now they are supposed to —they can sell in front of Sally Russell's, but they are supposed to keep on moving. Now, the question is, if you have 100 vendors, what are you going to have, a guy following each vendor to make sure that he is moving? 14 37 SEP 1 '71982 Mayor Ferre: About what, flowers? Mr. Plummer: Well no, about basically, the food. That they are being made to comply with all the rules and regulations and these vendors are not. Mayor Ferre: From a practical point of view, San Francisco, New York, Phila- delphia, Boston, you name it ... Rome, Paris, London - all those cities have vendors. You can't keep these people from selling hot dogs, or peaches or whatever it is, or chestnuts, or hot peanuts, or whatever they are sell- ing. The question is, are we really hurting Sally Russell by having some poor slob out there selling hotdogs. I don't believe it. Mr. Carollo: The question is, I think also. If we are going to get into the area of being so strict in who can sell what and where, then I would suggest that we look at the vast majority of major street corners in the City where we have three, four, five, or six vending machines to sell news- papers. Now, if I were to go into business tomorrow and put three or four vending machines that would sell comic books, anything, out of them, I guarantee you that the first guy in town running editorials would be McMullen at the Herald screaming all kinds of things. Now, if we are going to be... Mayor Ferre: Those aren't editorials, those are burps. Mr. Carollo: If we are going to be fair across the board, you know, hey, let's look at these vending machines too. A lot of them are placed in such a way that they are really being a jeopardy to the safety of people crossing the sidewalk. Mr. Plummer: Coreen Friedman from St. Petersburg told me today the way they control it is they make a requirement that each vendor must have hot and cold running water. Mayor Ferre: Hot and cold running water? In other words, that they have to go to a great deal of expense, and that way they could...yes, but you see... Mr. Plummer: Well, let me tell you another concern I have. They are opera- ting on City property and not paying a concession. Mayor Ferre: Mr. Manager, we are not going to solve... Mr. Carollo: So is the vending machine for the papers. They operating on City property and we are not getting a penny. Let me say this, that a lot of other major cities around the country are charging for it and getting money for it. Mr. Plummer: Are charging. I think Orlando is. Mayor Ferre: Mr. Manager, would you address this whole issue and bring it back for discussion in October with your recommendations? Mr. Carollo: By the way, I have a legal opinion from the previous City Attorney on that subject that might help expedite the matter. Mayor Ferre: And I think we ought to get into that. Mr. Plummer: Well, my concern in putting this off until October, the Police Department is under constant daily barrage about what are they going to do and what they are not. Mayor Ferre: Next Thursday. Mr. Gary: They are going to enforce the law, no. Mr. Mayor... Mr, Carollo: Well, I have got no problem with them enforcing the law. If that is the case, I think they should. You know, it is very easy to take an editorial stand, saying "The poor guy selling the hotdog" and everyghing else. but, that is only one side of it. Now, we don't know if that Police Officer 38 SEP 171982 gave that particular *ividual five, six warnings and *1e guy tUght just turn around and tell him to sit on.it - hey, you don't know what happened there, so lets just not jump the gun and say "the poor guy selling the hotdogs". Maybe, you know, he doesn't deserve to be around. Mr. Plummer: Tell me what the law is now that they are going to enforce. Mr. Gary: Well, let me have Walter on my staff explain the law, because he worked on this with the woman who is selling hotdogs in this area. Mayor Ferre: Are we ready to move along? Mr. Plummer: What is the law? Mr. Walter Pierce: The law right now says that you cannot sell on public right-of-way or publicly owned land and then when you pull off of public right-of-way or public land, you are on private property. The zoning code takes over. Mayor Ferre: Walter, we are not going to solve this tonight. Mr. Pierce: You can't do it, no. Mayor Ferre: So, would you bring it back on Thursday, then, Mr. Manager? Mr. Gary: That is not going to be enough time, Mr. Mayor. Mayor Ferre: In October, then. In the meantime, enforce the law the way it is. Mr. Carollo: But, the only vendors that are able to meet those specifications are the ones on 79th Street and Biscayne over there. They keep moving all the time! Mr. Plummer: That is private enterprise there. 7. COIrfIITU D DISCUSSIOD: PROCOREMEIIT ORDIDA24Ci. Mayor Ferre: Mr. Garcia -Pedrosa, there is problem. If you will get your amendment on the ordinance on vendors. Mr. Paul has pointed out another change here, which evidently, I was not aware of, an item on Page 16. Mr. Garcia -Pedrosa: I think I may have given you all the copies, Mr. Mayor. Mayor Ferre: This is in the final and the next to the last page, It says, "Any substantial increase in the City's commitment of funds", okay? Mr. Manager, follow this. .."property or services or any material alteration of any contract awarded under sub -section "c" of this section shall require the City to seek new requests for proposals."...rather than what you have now, which is... Mr. Gary: Read that one more time, Mr. Mayor, please? Mayor Ferre: Any big increase. We go out and we are going to do Baysi.de and we go out with the Rouse Company and it is going to cost us $35.000,nnn. All of a sudden, the whole thing changes and the thing is going to cost $45,000,000. "Any substantial increase in the City's commitment of funds, property or services, or any material alteration of any contract awarded under sub -section "c" of this section shall require the City to seek new requests for proposals." In other words, it cuts the whole thing right off. Mr. Gary: I support that 100%. Mayor Ferre: Because otherwise, you know what we end up with is just... okay. Now, rather than "...shall entitle the City Commission to terminate the contract after a public hearing, prior to such public hearing the Com- mission shall seek and obtain a report of the review committee, that they evaluate these proposals for the project concerning the advisibility of exercising that right. In the event right is exercised, the City shall pay for all the improvements made pursuant to the contract on quantum merit basis and issue a new request and proposal". That is too complicated. Mr. Garcia -Pedrosa. 39 SEP 171982 Mt, Garcia -Pedrosa: Mr, Mayors the rationale behind that was as follows! I think you are dealing with a number of different projects and you can accomplish in the R.F.P. exactly what you wish on a particular project by including, and if you note what goes into the R.F.P., it includes the definitions of the terms "substantial increase and material alteration" that will apply to the project. Now, if you have a project where you want to have that kind of mechanical situation where the minute you have that$ you must get, you are at peace - you can accomplish that by putting in the R.F.P. On the other hand, if you want to have a little bit more leeway in a project, then you may want to define substantial increase or material alternation in a way that gives you that leeway. Mayor Ferre: I am all for that, but the problem is, that by also giving you leewa}(, you are also putting a major loophole in this thing, which is going to kill this thing. The people of Miami have to vote on this and I am trying to get it in such a way so that there are very little loopholes. Mr. Garcia -Pedrosa: I am not advocating anything, Mr. Mayor. I am reporting to you the... Mayor Ferre: Page 16, Item 4, the way it is written, leaves a very large gap. Mr. Garcia -Pedrosa: I just want to explain to you what the rationale was. There was a concern that if you triggered an immediate termination, you may not get any proposals. Mayor Ferre: Did this come from the meeting with Sandy? Mr. Garcia -Pedrosa: With Sandy, yes, sir. There was a concern that you may not get people to come in if they know that they are going to lose everything but a quantum merit type payment. Mayor Ferre: Mr. Garcia -Pedrosa, let me ask you this - when I asked for this, I mean when I asked you whether there were any more changes, you said those were the only changes. Is this a change? Mr. Garcia -Pedrosa: No sir, that was for the draft that you voted on in first reading. Mayor Ferre: Okay. Now, do you have any major objections to this new word- ing? Mr. Garcia -Pedrosa: Whatever is the... Mayor Ferre: Mr. Manager, do you? Mr. Garcia -Pedrosa: Whatever is the pleasure of the Commission. Mayor Ferre: No, no, no. I am asking for advice now, I am not asking for... Mr. Garcia -Pedrosa: Well, sir, I think really that you straight jacket your- self and you may not get proposals. The Rouse Company is not interested in merely making money on the difference between the cost of construction and what you pay them. They want to run this thing and get the benefit of it. Mayor Ferre: Well then, look. Again, "any substantial increase". The key word there is "substantial", right? Mr. Garcia -Pedrosa: Yes, as defined in the R.F.P., after a public hearing,. in advance. Mayor Ferre: You want to put that in? I don't mind. Mr. Garcia -Pedrosa: Well, no, that is in there, Mr. Mayor. That is why l am saying, on Page 10, if you look at what goes into the R.F.P. Mayor Ferre: Okay, okay. Fine. "Any substantial increase in the City's com- mitment of funds, property, for services, or any material alternations of any contracts awarded under Subsection "c" of this section shall require the City seek new requests for proposals." Now, what is wrong with that? 14 40 SEP 17 1982 "Any substantial increase" forces us to start all over again. to other words, we go out and we say we are going to build this park, or this thing, and we contract with the Rouse Company and we are going to do it for $30,000,000. Any substantial increase says we have got to start all over again4 Now that is only fair, because otherwise.... Mr. Gary: Well, you need to... Mr. Garcia -Pedrosa: I think there are two problems, Mr. Mayor. At the threshold you may not get the interest that you want to generate for potential proposals. The second problem is, if you envision a building that is almost completed, in which you have a substantial increase, I am not sure you want to be straight jacketed into doing that. r Mayor Ferre: Well, for example, we would have had this...let's take the Worsham thing, okay? Howard, we had started out with a contract and it has gone up ten - fifteen million dollars. That is a substantial change. That would have invalidated Worsham's contract, wouldn't it? Mr. Gary: Yes, with one proviso and that is, if there was no language in the contract that counteracted what is stated in that Charter amendment, which means... Mayor Ferre: Yes, but the Charter amendment supersedes any language in the contract. Mr. Gary: No, no. I guess what I am saying is... forget about the Charter. I am talking about the language itself. If we had a policy, for example, that said any substantial increases in the cost, then we go out and rebid, that would be good in itself, however, we cannot state in the contract that we are liable due to our delays. I am saying that is the difference in the Worsham contract. I am support of that, by the way. Mayor Ferre: Well, I may have second thoughts on this. I will tell you why. Let's take the Worsham case. You know, if this had been in effect, we would have had to throw out the selection of the contract and start all over again, maybe two or three times! Mr. Gary: No, I am not a lawyer, but what happened was that the contract put some specific requirements on us in terms of deadlines and Worsham and chat the contention was that we didn't comply with our portion of it. That is the reason. Mayor Ferre: Howard, I realize all that, but this would supersede all of that, because this would be in the Charter. They wouldn't be allowed to do that contractually, because this supersedes. This would preclude us from doing that. We couldn't have signed the Worsham contract with this clause in there. Follow me? Mr. Plummer:- He could have signed it, but we would have voided it. Mayor Ferre: And what he is saying is that that is going to scare away all of the contractors, so... Mr. Garcia -Pedrosa: Suppose there is a strike, Mr. Mayor, and the City has to spend more money. Mayor Ferre: I understand. I understand exactly what the problem is. Let's see if we can work out of it. "Any substantial increase in the City's com- mitment of funds, property or services or any material alternations of any contracts awarded under Subsection "c" of this section shall require the City to hold a public hearing and the City Manager will have to make a reco- mendation to abandon the project or to seek new requests for proposals and after the public hearing the Commission would have to vote on it." Mr. Garcia -Pedrosa; Well, I think that is what you have got in there a1- ready, Mr. Mayor. Mr. Carollo; Maurice, we have got to come to some conclusion, I have to leave in about six minutes. 41 Id SEP 171932 Mayot Ferre: The wording that Mr. Paul is tecd tending in thy Opinion completely straight jackets this whole thing, and we can't go with that, On the other hand, I think the wording that you have got in here is much, much too liberal, so can you find a middle ground and go ahead quickly? Why do we have to address it at all? Why don't we just leave that whole section completely out? Why get into that at all? Mr. Garcia -Pedrosa: Well, we are trying to foresee, Mr. Mayor, what hap" pens if there is a substantial increase. Mayor Ferre: Well, why address it at all? See, what Dan Paul has written out here, I think is much too restrictive. I understand what you are saying. On the other hand what you put here is much too liberal. Mr. Carolld: Sometimes liberal people are very conservative about some things and.some of the very conservative are very liberal about some other things. Mayor Ferre: Look, we are about to lose the quorum, we have got to vote on these other things. Can you correct this, somehow? Mr. Carollo: Can we just pull it out of there? Mayor Ferre: Can we just take the whole section out? Mr. Carollo: Yes, it is not that important, I don't think. Mayor Ferre: Can we leave it moot, Dan, and not address it at all? (INAUDIBLE BACKGROUND COrQiENT NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: Well, precisely, but what you have is much too restrictive.` (INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD) - Mayor Ferre: You are going to end up with a twenty million....... (INAUDIBLE COMMENTS) Mayor Ferre: It is $20,000,000. That is why I say any substantial increase would require a public hearing and a vote by the City Commission to recon- firm. How about that? All right. 4 SEP 17 1 982 0 • 1.- Mayor Ferret That is why 1 say any substantial increase would require a public hearing and a vote by the City Commission to reconfirm. 110w about that? All right, any substantial increase would have to go back to the committee, the committe would have to recommend, we would have to have a public hearing and track the same process we did before. The Manager would have to recommend. Mr. City Attorney, could you draft the language like this? Any substantial increase would require (1) for the City Manager to reconvene his committee and the accounting firm would come back with their recom- mendations, the Manager would recommend back to the Commission, and the Commission would reafirm it at a public hearing. Mr. Garcia -Pedrosa: Recommend what? Termination? .r Mayor Ferre: Whatever the Manager to his committee recommends, the Commission would have final say so after a public hearing with a majority vote. Follow me? Mr. Garcia -Pedrosa: I wonder if we might achieve that, Mr. Mayor, by changing merely the word "entitled" to "require" and then say that "provided that prior to such termination there shall be a public hearing and a...." Mayor Ferre: What I am saying to you is that there is total safeguard - in this. If there is any substantial change the Manager has to go back and recommend again. The Manager can recommend for or he can recommend against. Then it comes to the Commission as a public hearing and the Commission votes on it. I think that is kind of a middle ground, isn't it? Take out any of this quantum merited basis. Let's not speak to that at all. That will come out in the public hearing. The developer will say: "if you do that I'll sue you and I want that $1 million..." That is part of the hearing. Mr. Garcia -Pedrosa: Let us try this, Mr. Mayor. See if this accomplishes what you are saying. Mayor Ferre: Any substantial increase, go ahead. Mr. Garcia -Pedrosa: Any substantial increase...we11, I'm not changing that first sentence. Mayor Ferre: I understand. Mr. Garcia -Pedrosa: I would say entitled is what you need so you have the flexibility to go either way. And then the second sentence, "prior to such public hearing the Commission shall seek and obtain a report from the City Manager and from the review committee that evaluated - the proposals for the project concerning the advisability of exercising - that right, and then delete the last sentence concerning quantum merited payment. Mayor Ferre: No, that is exactly what we want to get rid of, that quantum merited thing. Mr. Garcia -Pedrosa: Delete, delete, I said. -� Mayor Ferre: Delete, delete, O.K. Yes, that is fine. Is that acceptable to you, Plummer? Do you want to move that? Mr. Carollo: Yes, I will move. 131 Mayor Ferre: Carollo moves that addition. Plummer, do you Want to second it? Mr, Plummer: Yes. - Mr. Garcia -Pedrosa; I think YOU heed to reselud your vote On thiG, 3 SEP 171982 �1 Mr. Garcia -Pedrosa: No, if you rescind your second reading approval of this, and then do that, you will accomplish that purpose. Mayor Ferre: All right, is there a motion to rescind the former motion on the ordinance? Mr. Carollo: There is a motion. Mayor Ferre: All right, Carollo moves; Plummer seconds. Call the roll on the rescinding. THEREUPON THE COMMISSION RESCINDED THE FORMER MOTION ,ON THE ORDINANCE, Agenda Item No. 1, upon motion duly made by Commission Carollo, seconded by Commissioner Plummer. The vote was as follows: AWES: Commissioner J.L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Ferre: Now, is there a motion to on page 16 add section 4 as read into the record by the City Attorney a few minutes ago? Mr. Carollo: Move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Moved by Carollo. Seconded by Plummer. Further! discussion? Call the roll. THEREUPON THE COMMISSION PASSED THE MOTION TO ADOPT THE ADDITION ON PAGE 16, SECTION 4 AS READ INTO THE RECORD BY THE CITY ATTORNEY PREVIOUSLY, UPON motion duly made by Commissioner Carollo and seconded by Commissioner PLummer. The vote was as follows: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES Noes. ABSENT; Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Ferre: Now, is there a motion on the ordinance, as amended? Mr. Carollo: Move. Mayon Ferre: Moved by 'Carollo, Seconded by Plummer, Mead the ordinance. Call the roil. JA SEP 17 1982 AN ORDINANCE CITLttk-6 AN ORDINANCE SETTING PORN A PROPOSED CHARTER AMENDMENT, KNOWN AS CHARTER AMENDMENT M0: 1, AMENDING SECTIONS 3, 52, AND 53 OF THE CITY - CHARTER TO PROVIDE A COMPREHENSIVE PROCUREMENT PROCEDURE: PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALL REAL AND PERSONAL PROPERTY AND SERVICES; DEFINING, AUTHORIZING, AND PROVIDING A PROCEDURE FOR UNIFIED DEVELOPMENT PROJECTS; PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY, PUBLIC WORKS AND IMPROVEMENTS, AND UNIFIED DEVELOPMENT PROJECTS; RENAMING AND REDEFINING THE DUTIES OF THE PURCHASING AGENT; PROVIDING FOR AFFIRMATIVE ACTION, NON-DISCRIMINATION, _ AND MINORITY PARTICIPATION IN TRANSACTIONS WITH j THE CITY; PROVIDING FOR SAFEGUARDS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; REPEALING ORDINANCE NO. 9459 CONTAINING PROPOSED CHARTER AMENDMENTS; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 9, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9489 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 8. CHARTER AMENDMENT NO. 2 Mayor Ferre: We are now on...unfinished business was what? Three or four? Mr. Garcia -Pedrosa: Sir, you had rescinded your vote on Charter amendment No. 2 and asked me to come up with some new language, which I now have drafted. Mayor Ferre: Tell me what it is. Mr. Garcia -Pedrosa: On page 8, section 8, as I read this bear in mind that we are trying also to prevent inconsistent results between two referendums. Mayor Ferre: Go ahead. Mr. Garcia -Pedrosa: A regular municipal election for the election of Commissioners shall be held, and then strike: "on the second Tuesday after the first Monday in November in" and insert in lieu thereof, "in October or November". Then you pick up the text: "every two" add the word "calendar years on dates to be established by ordinance" is to be added. So that whole sentence now reads: "a regular municipal election for the election of Commissioners shall be held in October or November every two calendar years on dates to be established by ordinance." The next sentence would read: "A non -partisan, primary 61 45 SEP 171982 eFFA P� Mrs Catcia=Pedrosa (CON'T): election for the nomination of candidates for the Commission shall be held...." strike "on the first Tuesday after the first Monday in November" and insert in lieu thereof "on the month prior to the regular municipal election". Then pick up the text, "every two..." add the word "calendar years" add "on dates to be established by ordinance." So that sentence now reads, as amended, "A non -partisan primary election for the nomination of candidates for the Commission shall be held on the month prior to the regular municipal election every two calendar years on dates to be established by ordinance." Mayor Ferre: That means then that in the case of odd/even years it will be a month between elections, which is different from what we have now. Mr. Plummer: But that is only if it passes to go to the presidential year.. Mayor Ferre: No. Mr. Garcia -Pedrosa: No, no. He's right► Mayor Ferre: No, what he is doing now, Plummer, is he's putting a month in between elections no matter what happens. That is not what we want. Mr. Plummer: No. Mayor Ferre: I have explained that to you. Now look, let me... Mr. Plummer: Remember the umbilical cord. Mayor Ferre: Evidently I have not expressed it properly. Will you listen to me, Lucia and Pepe both of you? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: Are you listening? Now, the way the elections are in the City of Miami now, the election is on the first Tuesday of the month. If there is a run-off it is a week later. We want to maintain that. We do not want to change that. The only change is if we from odd years to even years. The reason we want the change is the whole purpose of that ordinance, I mean that Charter change, is to get the maximum participation in elections. That is why we want to go tp a Presidential and the Congressional election years. But, the problem is, when is the runoff election. Is it after the first Tuesday in November, or is it before. We want to make it so that the primary, the first election, is in October and the runoff, and final election coincides with the Presidential or Congressional election. Now, can you accomplish that? (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Garcia -Pedrosa: You don't want the first Tuesday for the primary either. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: Tell me how it reads. Mr. Garcia -Pedrosa: Page Number 8, Section 8, of Charter Amendment Number 2, would read as follows: "A regular municipal election for the election of Commissioners shall be held in October or November, every two calendar years on dates to established by ordinance. A non- partisan primary election for the nomination of candidates for the Commission shall be held prior to the regular municipal election on a date to be established by ordinance." Mayor Ferre: Well, that solves it. Anybody want to make a motion on that? 46 SEP 171982 Moved. Major Ferre: Moved by Carollo. Seconded by Plummer on the amendment. }: THEREUPON, the City Commission proceeded to rescind previously ; passed Ordinance Number 9489 in order to incorporate the y herein above described amendments to said ordinance by motion; - which motion was moved by Vice -Mayor Carollo, seconded by U Commissioner J. L. Plummer which was adopted and passed by the following vote: AYES: Commissioner J. P. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre N0ES'i None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. SAS e AN ORDINANCE ENTITLED = AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMEND- MENT, KNOWN AS "CHARTER AMENDMENT NO. 2", AMENDING SECTIONS 4, 8, 13-A AND 13-B OF THE CITY CHARTER; -_ INCORPORATING THE METHOD OF DISTRICT ELECTIONS FOR MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI; ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE INITIALLY IMPANELLED IMMEDIATELY TO DETERMINE THE ORIGINAL DISTRICTS, AND WHICH COMMITTEE SHALL BE - REIMPANELLED AGAIN IMMEDIATELY AFTER THE OFFICIAL =_ RESULTS OF EACH FEDERAL DECENNIAL CENSUS TO REDE- FINE SUCH DISTRICTS; INCREASING THE NUMBER OF COMMISSIONERS FROM FIVE (S) TO SEVEN (7); AND ESTABLISHING THE TERMS OF EACH COMMISSIONER AND THE DATE AND MANNER OF THEIR ELECTION; REPEAL- ING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 9, 19820 it was taken up for its second and final reading by title and adoption. On motion of Vice -Mayor Carollo, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Hu SAIn ORDINANCE WAR DESIGNATED ORDINANCE NO. 9490. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 4 SEP 17 1982 �d M-11111-11 low � � --,:,:....- �..��—.� .�.�_...ur�•._._sa� a -- � 9. SECOND READING ORDINANCE: CHARTER AMENDMENT NO. 3 "TIME OF ELECTION" EXTENDING CURRENT TERMS Mayor Ferre: All right, now that we have done 3, we have got to go back and do 6, is that what we are missing, Mr. Clerk? Mr. Garcia -Pedrosa: No, Item Number 4, which is Charter Amendment Number 3 is what we now must do, Mr. Mayor. Mayor Ferre: Okay, now let's do Number 4. What is it we need to do to Number 4?' Any changes in 4? Mr. Garcia -Pedrosa: Yes sir, these are the changes that I would propose. First of all, on the bottom of the first page, let's conform the language to the other amendment by saying "the next regular municipal election," instead of "the next municipal general election", and then continue that sentence "for the election of Mayor and Commissioners shall be held on the second Tuesday after the first Monday in the month of November, 1984," and then add the following language "and the non -partisan primary election for nomination of candidates for the Commission, shall be held on the first Tuesday after the first Monday in October, 1984." Strike the word "and" and then begin a new sentence. "All subsequent" at the word "regular", "municipal", strike "general elections" and so forth as is in the text portion. Mayor Ferre: Okay. I think that is fine. Do you want to do it textually so that you put the October after you put the November, since the election is in November, but then the primary will be in October? Mr. Plummer: No. Mayor Ferre: Is that the proper? Mr. Plummer: No, In October, the primary would be in October, but the runoff is November. Mr. Garcia -Pedrosa: That is where we have it. Mayor Ferre: All right, that is fine. Carollo moves, Plummer seconds. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 3", AMENDING THE CITY CHARTER: ADDING THERETO A NEW SECTION NU14BERED 4-A ENTITLED "TIME OF ELECTION" PROVIDING FOR MUNICIPAL GENERAL ELECTIONS TO TAKE PLACE ON EVEN -NUMBERED YEARS TO COINCIDE WITH FEDERAL AND STATE GENERAL ELECTIONS, EXTENDING BY ONE YEAR THE CURRENT TERMS OF OFFICE OF THE MAYOR AND COM2,14ISSIONERS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 9, 1982, it was was taken up for its second and final reading by title and adoption. On motion of Vice -Mayor Carollo, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: Gn SEP 171982 Id SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9491 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 10. RESOLUTION CALLING ELECTION: ORDINANCES: 9488, 9489, 9490, 9491 Mayor Ferre: We are now on Item Number 6. which is a resolution. Are there anv changes in that? Mr. Garcia -Pedrosa: `.'es, sir. On the title of the resolution, Line 13 and Line 14, where it says "nine months prior to the next general election", strike that language and insert in lieu thereof the word "immediately". Mr. Plummer: When you say to me "handled immediately", doesn't say that they are to come back with the boundaries drawn... Mayor Ferre: Ile covered that in the ordinance, Plummer. Mr. Plummer: No, he didn't! Mayor Ferre: Yes, he did. He specifically had the language "it must be in place before November 2nd". Mr. Plummer: The panel or the boundaries? Mayor Ferre: The boundaries. He said that. Mr. Plummer: I didn't hear that. Mayor Ferre: Read it again. Mr. Garcia -Pedrosa: Yes, sir. We added a new sentence at the bottom of Page 5, which sentence reads in its entirety as follows: "The initial determination of the Boundaries Committee as to the boundaries shall be made prior to the referendum ordained in Section 2 hereof." Mr. Plummer: I misunderstood. Mayor Ferre: He read it before. very clearly. Mr. Plummer: I mean, there is no confusion prevailing here.,,so I misunder- stood. Mayor Ferre: Okay. go ahead. Mr r-arcia-Pedrosa: That is the only change. Mr. Mayor, Mayor Fence: All right, is there a motion on item 6 then, 4p $ resolution? Mr. Carollo: Moved, Mayor Ferre; is there a second? Id 49 SEP 17 E _�A' Mr. Plumer! Iles: Modt Perre: Call the roll. The following resolution was ititroduetd by Vice -Mayor Walla, uha moved its adoption: WOLt1TION NO. 82-861 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR 'APPROVAL OR DISAPPROVAL MEASURES KNOWN AS FOLLOWS: ORDINANCE NO. 9490 PROPOSING A CHARTER AMENDMENT INCORPORAT- ING THE METHOD OF DISTRICT ELECTIONS FOR MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI AND ESTABLISHING A BOUNDARIES COM- MITTEE WHICH SHALL BE IMPANELLED IMMEDIATELY FOR THE PURPOSE OF DEFINING THE ORIGINAL DISTRICTS AND, AGAIN IN 1990, AND EVERY TEN (10) YEARS THEREAFTER IMMEDIATELY AFTER THE FINAL RESULTS OF THE FEDERAL DECENNIAL CENSUS HAVE BECOME OFFICIAL FOR THE PURPOSE OF REDEFINING THE BOUNDARIES OF SUCH DISTRICTS; BY INCREASING THE NUtIBER OF COMMISSIONERS FROM FIVE (5) TO SEVEN (7), AND ESTABLISHING THE TERMS OF EACH COMMISSIONER, AND THE MANNER OF THEIR ELECTION; ORDINANCE NO.9491 PROPOSING A CHARTER AMENDMENT ADDING A NEW SECTION 4-A THERETO ENTITLED "TIME OF ELECTION" PROVIDING FOR MUNICIPAL GENERAL ELECTIONS TO TAKE PLACE ON EVEN -NUMBERED YEARS TO COINCIDE WITH FEDERAL AND STATE GENERAL ELECTIONS, THEREBY EXTENDING BY ONE YEAR THE CURRENT TERMS OF OFFICE OF THE MAYORS AND THE COMIS- SIONERS; ORDINANCE NO. 9488 PROPOSING A CHARTER AMENDMENT MAKING THE WRITTEN LEGAL OPINIONS OF THE CITY ATTORNEY, DESIGNATED AS SUCH BY THE CITY ATTORNEY, BINDING ON ALL MEMBERS AND PERSONNEL OF THE COMMISSION, OF THE OFFICE OF THE CITY MANAGER, OF THE OFFICE OF THE CITY CLERK, AND OF THE CITY DEPARTMENTS, OFFICES, BOARDS, AND COMMITTEES NOT INCLUDED WITHIN ANY DEPARTMENT. (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- 11. TELEPHONE COMMUNICATION AND COMPUTER EQUIPMENT COM, VOM, JLK CENTER DISCUSSED AND DEFERRED Mr. Gary: Now we have another item. Mayor Ferre: Landlord's waiver for James L. Knight, right? Mr. Plummer: What is that all about? Mayor Ferre: Lucia Allen. r Mr. Plummer: You don't have three votes, Mr. Carollo: Can that wait until... Mayor Ferre: No. This is a resolution authorizing the Manager to execute a waiver agreement in substantially the form attached to provide for a release of all the claims to the City to Telephone Communications and com- puter equipment to be installed in a portion of City of Miami/University of Miami James L. Knight International Center by the Lessees thereof. Mr. Manager, is this something that is very important? Mr. Gary: Yes, but we don't have three votes. Mr. Carollo: That can wait until the 23rd. Mayor Ferre: We don't have three votes. Mr. Carollo: as a resolution. 12. WORKSHOP ON BUDGET DISCUSSION DEPTS. NOT HEARD BY CITY COMMISSION Mr. Plummer: A question I want to ask, Mr. Mayor. Mr. Pedrosa, is the Charter clear as to the budget. I am concerned that we have not, in fact, heard all department heads on budgets. Mayor Ferre: We will have to bring that up before we adjourn today. We must conclude under the Charter the hearings that we have not finished. Mr. Plummer: That is right, and you will never do it on the zoning night with the comprehensive zoning... Mayor Ferre: When are we going to do it? Mr. Plummer: The budget hearing? Mayor Ferre: Mr. Manager, we have gone through the police and.,,have we finished with the police? Mr. Gary: That is not a requirement of the Charter that you sit down and go over each... Mayor Ferre: Yes, I am going to tell you, I don't want to vote on the 'bud- get until we do... Mr. Plummer: Oh, yes, because I am looking real heavy at computers, I got some high powered people who are going to do you a number! Mayor Ferre: All right, Mr, Manager, I think we need to conclude the hearing before we can vote on a final budget. 1982 aEP 17 51 ld } (NAM= BACXGROUND COMMENT NOT PLACEb INTO THE MLIC WOW Mayor Perre: Okay. Mr, Plummer: So, in other words, what you are contemplating,.. Mayor Ferret What I am saying is, that we are going to the pubiie heating which is required by law, but, we are not going to adopt a budget oil the evening of October 23rd. Mr. Gary: If I can get Commissioner Plummer to sit through those hearings I would be happy to stay that night. Mr. Plummer: I haven't missed one yet! Mr. Gary: You have had to postpone the time. Mayor Ferre: any problems Today is the when members wait for all you can get Mr. Plummer: workshops. Mr. Manager, I will tell you what let's do. I don't have and he is trying to find a date prior to the 23rd, right? 17th; if you can find a data on Monday, Tuesday or Wednesday, of this Commission are willing to me, and I will tell you, don't five of us. You are never going to get all five. As long as a minimum of two of members of the Commission here. You know, they are not decision making, they are just public Mayor Ferre: Precisely, so you set them up. there, just have it. Mr. Gary: I will see you there, Mr. Mayor. Mayor Ferre: Sir? Mr. Gary: I will see you there. Mayor Ferre: I will be there. You are wasting your sarcasm on Plummer. He is not awake today! Mr. Plummer: Hey, you know, he can waste all the sarcasm he wants, which he is not very good at, but. ;:hat I am savine is. you know. all you are eoine to do is lust tie vourself un at the public hearing, because if I don't get my shot there, I am going to get it somewhere else. 13. CABLE T.V. PORNOGRAPHY Mayor Ferre: Mr. Manager, lastly, I have a memo out to you on cable television, and let me tell you where it comes from. Montage came to interview me, and they said that they had it from one of the managers, vice-president of the cable company that when they are ready, 45 to 60 days from now, they intend to put sections on, in those words, because they did not consider that they were pornographic in nature. In other words, they said that the intention of the Commission only dealt with hard porno, and it had nothing nothing to do with a little friendly playing around on the television screen. Mr. Plummer: And who is going to define that, Maurice? That is why I wrote a memorandum, and I am putting the public and the Commission and the Adminis- tration and the City Attorney on notice that you are to inform them that no- where, ever, was pornographic and objectionable material related to "X" rated films. Nobody ever said "X" rated films. "X" rated films was never part of the discussion. We said "objectionable" and the language in the...(Mr. Merrill)... the language in the election tracked the Supreme Court language, and that loesn't say "X" rated films. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: You didn't but the Vice -President of Americable said that as long as they were not "X" rated films, betthey informdhimed to Iuhaveeasked ons atnhe he is absolutely wrong, and you had terso City Attorney to give me some legal opinions on that, so what I mean to tell you is, Mr. Manager, sometime in October we need to bring that up for discussion, after you have had time o� think whateveroutlidonnt knew howsee hwe are er or not we need the panel of the group, going to do this. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 9:05 P.M. MAURICE A. FERRE ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk Mayor Id ANN MFEETING DATE: Fll� t � • ar ITEM NOI DOCUMENT IDENTIFICATION COMMISSION ACTION R-82-861 RETRIEVAL 82-861.