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HomeMy WebLinkAboutCC 1981-10-19 Minutess • OF MEETING HELD ON OF G1� Ofi pootfv M I A M I '7\ October 19, 1981 PREPARED BY THE OFFICE OF THE CITY CLERK C 1 TY HALL RALPH 6,* ONGIE CITY CLERK .INV CI4I SSIARAF.,&DA (SPECIAL) SUBJECT OCTOBER 19, 1981 QRDINANCE 10.KESOLUTION PAGE NO. DISCUSSION AND CONSIDERATION OF PROPOSED CABLE TELEVISION LICENSE ORDINANCE. I DISCUSSION 1-3 CONVEYANCE OF CONDOLENCES TO THE FAMILY OF BILL MUNSEY ON THE SAD OCCASION OF HIS PASSING AWAY. I R-81-907 3-4 SECOND READING ORDINANCE: CONTINUED CONSIDERATION AND PASSAGE OF PROPOSED CABLE TELEVISION ORDINANCE. ORD. 9332 4-10 REQUEST BY COMMISSIONER PLUMMER OF CITY CLERK FOR UPDATE ON RECALL COMMITTEE'S FAILURE TO FILE FINANCIAL DISCLOSURE. DISCUSSION 11 0 a k MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 19th day of October, 1981, the City Commission of Miami, Florida, met at tis regular meeting place in said City in Special Session to consider business of public import, namely second reading of ordinance in connection with Cable Television. The meeting was called to order at 2.17 P.M. by Mayor Maurice Ferre with the following members of the Commission present: Commissioner J. L. Plummer, Jr. Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An Invocation was delivered by Reverend Theodore R. Gibson, who then led those present in a pledge of allegiance to the flag. 1. DISCUSSION AND CONSIDERATION OF PROPOSED CABLE TELEVISION LICENSE ORDINANCE. Mayor Ferre: Good afternoon Ladies & Gentlemen. This is a Special City of _ Miami Commission Meeting for the purposes of voting on Cable Television License Ordinance that is before us. Now, is there any questions before this Commission at this time? Mr. Plummer: Mr. Mayor, are you indicating to the Commission. Mayor Ferre: Yes. Mr. Plummer: Mr. Knox, you gave us a legal opinion dated 19 October about 10 minutes ago, and I am assuming that is in response to Commissioner Carollo's questions and request for such an opinion. I am assuming you have gone into great depth to the ramifications and I merely ask you on the record have you found anything to indicate to this Commission that it should be concerned about this opinion or anything related to this opinion or Mr Carollo's comments. Mr. Knox: Commissioner Plummer that is in response to Commissioner Carollo's request wherein he raised a hypothetical question which we endeavored to res- pond to. The only matter that would be of some concern to the City Commib..ion at this time is whether or not the requirements to disclose certain information on the part of the Licensee has been satisfied. Mr. Plummer: Do you have any reason to believe, Mr. Knox, that there is any question relating to any applicant that is present before us? (Commissioner Lacasa enters at 2:20 P. M.) (Commissioner Carollo enters at 2:22 P.M.) Mr. Knox: I don't have any reason to believe that there are such questions, Commissioner. Mr. Plummer: Mr. Gary, do you have any such reasons to believe that anything that is presently before us should be questioned further by this Commission or questioned period? Mr. Gary: I don't have any reason to believe it. Mr. Plummer: Have you read read Mr. Knox's opinion? Mr. Gary: Yes, I have. nj Mr. Plummer: Is there any information that has been brought to your atten- tion that might be contradictory or in violation as outlined in this ordi- nance. Mr. Gary. No, sir. Mr. Plummer: Thank you. Mayor Ferre: Alright. Are there any other comments or questions by members of this Commission? Are there any other comments from anybody? Mr. Plummer: Mr. Mayor, I would enjoy asking the City Manager - Mr. Manager I read in the daily paper the other day a very glowing remark which in my estima- tion is enough to fire you, but I won't at this time. I would ask you had gone over this particular document and the legal opinion surrounding such, does this document.come with your full approval and as commonly referred to, "the Gary touch"? Mr. Gary: In response to your comment I'd like to say that this document reflects the same stringent ordinance that we developed when there was only one company and it still stands as the best ordinance in the country today. Mr. Plummer: So it comes with your full recommendation? Mr. Gary: Yes sir. Mr. Plummer: I have no further comments, Mr. Mayor. Mayor Ferre: Joe, Afternoon. What we have done now is, I've opened it up for any questions of Members of the City of Miami Commission and I assume that nobody else has any.. Mr. Carollo: I certinly do, Mr. Mayor. Mayor Ferre: If you do, I'd be happy to recognize you. Mr. Carollo: For one, the legal opinion that is reflected from the City At- torney was received in my office at 2 o'clock today. No. 2, Mr. Alden agreed —_ to provide me and this Commission with the information that was requested of him, regarding the ads that his firm placed in newspapers. He stated that he would. We still have not received that. Mr. Alden: Mr. Carollo, Mayor and members of the Commission, yes of course we will, and we will do so. There are very strict requirements in the ordinance as to full disclosure. We will abide by the law, and we will disclose every- thing that is required us. Mr. Carollo: Mr. Alden, how can you get up here and feed me this manure sir, when you knew what was requested of you the last time you appeared before this Commission and you agreed, you agreed, sir that you would provide that very simple bit of information. Now, if this is the kind of run around that you are giving this Commission before you receive any kind of licensing, I can just begin to imagine the kind of running around that you will give this Commission after you receive a license. And I can foresee that we are going to be in court with you for 54 years. And Mr. Mayor, I requested of this man some infor- mation before we voted, he agreed that he would, now he comes back to us and ne says that he will provide it later on. I want that information before this Commission votes. Mayor Ferre: Can you supply that information this afternoon? Mr. Plummer: Mr. Mayor, alright look....... Mayor Ferre: What is the information requested - the ads in the newspaper? Mr. Plummer: That's it. And you, Mr. Mayor asked Mr. Alden the question, "you know I realize the ordiance calls for it after you get the license, would you have any problem with giving it before the vote and he said No.". Mayor Ferre: Mr. Plummer, let me speak for myself. Mr. Alden, before this Commission, you were specifically asked about those ads, you said you would volunteer that information before this vote was taken. Commissioner Carollo is correct. Mr. Alden: Mayor, the problem is that we closed the location that we worked with here in Miami. That is a matter of record. We shipped our records half to our 42 OCT 191981 Bethesda office and half to our Denver office. I do not want to submit to this Commission inaccurate materials that I don't have the precise details right in front of me —which we don't have. I absolutely will submit that information. We have that information, it is in our records, however it is not available to us at the moment. If this Commission would like me to make a guess at it, I would be happy to do so, but I would do it only with the caveat that I would want to correctit if my guess is incorrect. Mayor Ferre: I think that it would be appropriate for you to do it that way with that caveat and furthermore, Mr. Knox, so that we can take a vote today, I would like to see if on the record, we could pass on second reading this ordinance with that information into the record with the caveat that he can supplement a corrected, provided that since the ordinance in effect by law does really not take place until 30 days from the passage of it, that we do have that time to correct it. Is that right, Mr. Knox? Mr. Knox: Yes sir, and I can add that the Commission continues to have the power to amend, repeal or modify ordinances as you see fit. Mayor Ferre: Okay. Mr. Carollo: Mr. Mayor, you have been a businessman for quite some time now, you have been successful in many areas and certainly have a ran some major corporations in time. I think you, Mr. Mayor, of all people can understand that what this man is telling us is a bunch of manure and baloney. There is no way in the world that something as simple as newspaper advertising can be misplaced as he says. I am only asking for something very simple. Now if this is the way they run their records, with something so simple, I say that should be a prime concern to this Commission in issuing this license. My God, all that I am asking for is for the 5 or 6 newspapers that he stated to this Commission that he placed advertisements in before the 14th of July vote. Now, Mr. Alden, I can only imagine one reason why you are not produc- ing this and that is that you are embarrassed that this Commission is going to be voting to grant you a license and that are going to be shown here that you did not place any advertisements actually in those newspapers, the fact that money was just given to them. I can't think of any other reason why we are getting this run around. I hope I hope I am wrong sir, but you certainly have not helped me to think otherwise. At this point in time, Mr. Mayor, to give Mr. Alden the opportunity to refresh his memory some, and to give me the opportunity to read this memorandum that Mr. Knox gave me, or gave my office rather, at 2 P.M., I would like to have a 10 minutes break then. Mayor Ferre: Plummer, is that going to be alright with you? Alright, we will take a 10 minute recess to give Commissioner Carollo time to read that memo and for you Mr. Alden, the documents, or to bring whatever information you have. Mr. Carollo: Mr. Knox, can I ask you what was the reason that we didn't re- ceive this until today at 2 o'clock? It was something readily simple, sir. Mr. Knox: No, it wasn't relatively simple, Commissioner Carollo, and we did endeavor to satisfy your deadline. Mr. Carollo: George, you know, I am surprised to get that answer from someone who gets your salary, I really am. 2. CONVEYANCE OF CONDOLENCES TO THE FAMILY OF BILL MUNSEY ON THE SAD OCCASION OF HIS PASSING AWAY. Mr. Plummer: Mr. Mayor while we wait for Commissioner Lacasa, I read with great sorrow in today's paper,a very, very good friend of this City for a long time was killed in a boating accident; Mr. Bill Munsey, who for years drove the Miss Atlas was killed in Acapulco in a race together with a Miami man Milner Erwin who was also very seriously injured. I can tell you and this Commission that Mr. Munsey, in any time he ever spoke, of which he did quite often across the United States about boat racing, always had tremendous praise for Miami and the way that we put on the races here, and how happy and how much he enjoyed the racing here. I would like to offer that this Commission send the appropriate condolences to the family and expressing our feeling of loss of loss of Mr. Munsey and all that he meant to this community and all that he meant to the great sport thunderboat racing. .03 OCT 191981 The following r lution was introduced by Commi0 oner Plumer, who moved its adoption: RESOLUTION NO. 81-907 A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF WILLIAM MUNCEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 3. SECOND READING ORDINANCE: CONTINUED CONSIERATION AND PASSAGE OF PROPOiED CABLE TELEVISION ORDINANCE. Mayor Ferre: Alright, Mr. Alden, if you would please. The specific question was asked of you before we took a break if you were ready to give the names of the newspapers that did receive advertising from T.C.I., and to specify the amounts that they received...now, with the full understanding that the records are, were shipped to your office elsewhere other than Dade County. If you will supplement or change, and I assume that they are not serious changes, but any additional names that you might have missed or other items you may want to add. Mr. Alden: Yes sir. To the best of our memory, the newspapers that we con- tracted with, signed insertion orders were the following, and please humor my pronunciations: La Nacion, Patria, Expreso, La Verdad, Panerama, The Miami Herald, E1 MIAMI Herald, Diario de las Americas and the Miami Mews j •.7pul,4 g eciPi- cally make reference that we did not at any time have even a conversation with a paper called Zigzag, which I think is something that Mr. Carollo mentioned a while back and we have never had any contact with, and I specifically deny any contact with that newspaper in any way, shape or form. As far as the amounts are concerned, and I am doing this from memory, it seems to me that there was a group of The Miami Herald, The Miami News and E1 Miami Herald which is a combo, I think we took it, which was roughly $15,000.00. for a single insertion in those three publications. Again, from memory, the balance of them represented approximately another $15,000.00. Mayor Ferre: Fifteen...is $15? Mr. Alden: Yes. Mayor Ferre: In other words, the Herald and the weeklv newspapers altogether represented $15,000.00? Mr. Alden: That is right. Mayor Ferre: Fifteen plus fifteen? Mr. Alden: Yes. Mayor Ferre: Yes, I understood. IN OTHER WORDS, $15,000.00 for the E1 Herald News Group and $15,000.00 for everybody else, which means Diario and the weekly Cuban or Spanish newspapers. Mr. Plummer: You are saying that one insertion in the Miami Herald combo was $15,000.00. Mr. Alden: It may have been more, J. L. I am doing that from memory. I remem- ber this..it was so expensive that I remember going to our corporate advertising manager. What they told us is that we had to pay the national rate even though we were a local company here. What's more, there was a special telecommunications rate; I don't mean the name of the company, I mean generically, and I went back to Denver and said to my advertising department, please, will you confirm this, as I was shocked at the price and I might add, they required the money in advance. Mr. Plummer: In God we trust, all others pay cash. No wonder they wanted to string this thing out as long as possible. 04 OCT 19 1981 E Mayor Ferre: Okay, I understand you want to leave, right? Mr. Plummer: No, I want to go into the advertising business. Mayor Ferre: Commissioner..... Mr. Carollo: Mr. Alden, please don't leave the mike. It's my turn now. Mr. Alden, who handles advertisement for your firm? Who handled the place- ment of the advertisements? Burton Landy: Excuse me, Burton Landy, attorney for T.C.I. Mr. Mayor, I think a request was made to submit some information. I think Mr. Alden has submitted information in good faith. I don't think it is proper for him to have to face a cross examination type of proceeding here.. Mr. Carollo: I'm surprised he needs an attorney every time he is going to answer me, Mr. Landy. Mayor Ferre: Alright. Mr...Please, Mr. Carollo. Mr. Landy, as the Mayor, I have always permitted in eight years that members of this Commission ask what- ever questions they feel are appropriate. Now I understand this is not a court of law, we are not following court proceedings. Mr. Alden doesn't have to ans- wer if he doesn't wish to answer. That is his veroQative. but on the other hand I am not going to deny any member of this Commission the right to ask any question he feels is appropriate. Mr. Alden: Mr. Carollo, to answer your question, I had two people in charge, actually three people in charge of this operation. One of them is no longer with the company, she retired. The other two..one is back in Arkansas, and the other one is in Bethesea, Maryland. The names were Ann Palvin, the second name was Lynn Lodner,. the third name was Martin Jaffe and these people handled all my affairs here in Miami. Mr. Carollo: You had no local people that either requested that advertisement be placed in newspapers or deliver payments to these newspapers. Mr. Alden: I can't say one way or another. I don't know the specific arrange- ments that my managers made with the local people. Mr. Carollo: Mr. Alden, for the record, I am surprised at your memory... Mr Alden: Mr.'Carollo, let me correct something. It is not a question of memory, sir. It is a question that I handle 700 cable systems and in particular about 20 franchising applications, and I find it very difficult to keep total storage in my mind. I've got a decent memory, but I can't keep every fact on every franchise that I work on in my mind. Mr. Carollo: I know Mr. Alden, you are a big shot, but sir, you don't impress me. And I recall very clearly just a few weeks ago that you stated to me that the reason you placed these advertisements in the five local Spanish weekly newspapers was because John Lasseville requested them because you stated they were blackmailing you if you did not place the advertisements in the papers they were going to attact you. But, I know your memory skips you now. Mr. Alden: Well, let me address that. First of all, I deny ever making a state- ment like that and secondly I think the rest of the Commission should know that any statement I did make to you Mr. Carollo was made in a meeting that you re- quested and upon which you swore on a number of different items that you would never repeat to a soul and it was a totally confidential conversation. Mr. Carollo: Mr. Alden, first of all, I never requested any meetings with you sir. You were the one that called my office... Mr. Alden: Yes sir, you did, as a matter of fact.. Mr. Carollo: You were the one that called my office on one occasion and you were the one sir, that went to my aide and stated to him that you wanted to speak to me. Furthermore, Mr. Mayor, what I am getting here still does not satisfy my answers. What I requested Mr. Mayor, very clearly today and at the 05 OCT -19 1981 i last Commission meeting, I requested to be given the names of the newspapers with the amounts of money that was placed for advertising; the names of the newspapers that advertisements were placed in before July 14th. Now, in these newspapers, Mr. Alden, was this advertisement placed then, before the 14th of July, or after. Now he's got two attorneys. Mayor Ferre: Let him finish his consultations. Mr. Carollo: I wish I had one. George... Mr. Alden: I believe the ads were placed after the 14th, but again, I am doing that from memory. I don't have my diary with me and I don't have the company's records, but I believe it was after the 14th. Now again, the 14th, let me ask you, was that the day of the vote? Of the first vote? Mr. Carollo: oh, you know that real well Mr. Alden, that was the day of the vote. Well Mr. Mayor, first of all, he gave the name of five newspapers here. There is another newspaper, E1 Lis, which is the one that had a picture of me and a picture of two other r::embers of the Commission sticking their heads out of doors, that had a full page ad. He has never mentioned that newspaper as one of the ones he placed an ad in. The gentlemen from that paper made a statement, to someone,the reascr he placed that front page in the way and manner in which he did was because he was paid to do that. Secondly of all, Mr. Mayor, these other newspapers here, at least there is one of the five that he mentioned whose owner stated to me that they were given two separate checks, one in the amount of $1,000.00, the other in the amount of $500.00 before the 14th of July vote. Mr. Mayor, the information that I have requested has been very, very simple in- formation has not been given to me and I think that it is very obvious to any- one who wants to be fair and just why that information has not been given. Secondly of all, Mr. Mayor, the reason Mr. Alden keeps referring to giving this information after we give him the license is because what the ordinance states s is that all that Mr. Alden has to provide to us, just like Mr. Hermanowski is, the amount that they have spent in certain areas, not item by item. For in- stance, they could say they spent $40,000.00 in the media. They don't have to specify this media, that media or the other media, or give us the names of news- papers like I am requesting. Mayor Ferre: Alright. Mr. Alden, I am going to request, even though the ordi- nance specifically says that, that you on the record here submit to us that you will in detail give us the name of each newspaper that you placed an ad in, the amount that was paid and the date of the placement of the advertising and the payments, so that we have all that information. I would assume that in general is the newspapers that you have referred to here, and that the amount, other than the Herald news complex, it would be $15,000.00 total. In other words, we are not going to now be surprised to find out that it was $40,000.00. So, if it was within that, then would you so state into the records? Mr. Alden: Yes, I will so state and I will so provide. May I also add at this moment that the newspaper that Mr. Carollo mentioned, I never heard of it. We had nothing to do with it. Mr. Carollo: In other words that full page ad they gave for your company with Mr. Gerstein's signature on it, that was for free because you are nice guys, right? Mr. Alden: I can't explain it, but we did not place that ad. Any newspaper is free .... I unfortunately didn't copyright that thing. I probably should have, but I assume they just picked it up out of one of the others. We did not place that ad. Mayor Ferre: Alright. Further questions? MR. Carollo: Mr. Mayor, I would like that what would be included in the award- ing of this licensing today that a majority of this Commission is going to want to do, unfortunately, there will be included that Mr. Alden would have to pro- vide the information requested of him, otherwise the licensing will be null and void. Mayor Ferre: I would have no objections to that. I don't know if anybody else does, but there is nothing wrong with that, Father. Mr. Gibson: Mr. Mayor, wait a minute. Mr. Mayor, I don't operate like you all operate. The law that works for you will work against you. If now, and in the future you think it is necessary that all of these details be provided, what you ought to do is change the law. Don't do it today for one instance and tomorrow ignore it. That's not being impartial. That's being shown favoritism. E_ A OCT 191981 i t i I I have no objection t iaving the company provide the Oiormation. But I am unalterably opposed to making laws for one company and not for all, I would want everybody, I, would want it a, written rule that when a company _ comes in to bid, the company knows from the word go that you have to pro- vide all of the details as Mr. Carollo expressed. Otherwise, what you are doing, is you are favoring one company over another. That's not right, that's not fair, that's not the way you run Government. Mayor Ferre: There is a simple solution to it. We have a meeting on the 22nd. Today is the 19th. I an sure Mr. Alden would have no problem in having someone fly up to 3ethesda, Maryland or wherever these records are and providing the detail of the information in the next 3 days. Now I have no objections on voting for this thing on second reading today. We have 30- days before this matter goes into effect. The Commission at any time can take action in modifying this and Mr. Alden has gone on record saying that he will provide it. I don't see any major problem. I think it is time for us to move ahead, vote on this with that proviso, if it is accept- able to Mr. Alden. Mr. Alden, for the record, is this acceptable to you? Mr. Alden: I would say that at this point you need to say, I want it by the 22nd and I'll have it. I'll go there myself if I have to. Mayor Ferre: Fine. Very good. Alright sir. Is there anything else to come before this Commission? Father Gibson: Mr. Mayor, I want to make this observation. I would hope out of fairness to this Commission and to the public with whom we must deal, Lid to the public that we represent that if you don't like this law the way it is, change it. Mayor Ferre: You don't need to change this law. Father Gibson: well then, Mr. Mayor, you are making the point clearly for me. You making the point clearly for me. Mayor Ferre: What point? Father Gibson: Look, Mr. Mayor, the one thing that everybody is going to be able to say when I leave here is everybody knew where Gibson stood. Now to tell me you are going to do it in this instance and then we gonna have eight or nine, ten other instances later on and that is not what we are going to do? That�s not fair to the public. If you want all this detail out in the public, I, right now, sight unseen will vote to change the law. That is all I am say- ing. I am not opposed to what he is asking for. Mayor Ferre: :'ether, there is no need to change any law. All we need to do now is vote on this ordinance on second reading. The principle here, Mr. Paul - Alden, Vice -President of T.C.I., has on the record specified that before the 22nd day of this month, which is three days from now, he will have in detail the information requested. That solves the problem. Father Gibson: Alright, I am ready to vote, but I am going to make another com- ment after I vote. Mayor Ferre: Alright. Is there further discussion on this matter? Father Gibson: I move that item. Mr. Carollo: Mr.*Ma�Tor... Mayor Ferre: There is a motion on the floor. I'll recognize the speaker in a second. Is there a second to the motion on the ordinance. Mr. Lacasa: I second. Mr. Carollo: Mr. Knox, when this ordinance is passed today, it would take 30 days before it would go into law. Am I correct? Mr. Knox: Yes sir. Mr. Carollo: If anytime before those 30 days are over, neither of these two companies have any vested rights if this Commission, should I say the future Commission, changes its mind and awards this license to them, correct? Q6 OCT 19 1981 Mr. Knox: That is correct, And I will indicate again for the record, that at no time the Licensee acquire any vested rights, under this ordinance. Mr. Carollo: So when I present a motion in fr.;r; of the new Commission on the 12th of November, it is passed, and the new Commission decides that we will start from Point No. 1, these people will not have any solid ground whatsoever from where to sue us from, correct? Mr. Knox: Well, you would have to .., ah, that Commission would have to re- peal this ordinance, and there are questions of equity that may be raised. They cannot..... Mr. Carollo: In other words we would have to get us a new attorney to study further and take it to court for us. Mr. Knox: You can either do that or you can...ah Mr. Carollo: Thank you, George. Mayor Ferre: Is there anything else to be discussed on this motion? If not, read the ordinance and call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO MIAMI TELE- COMMUNICATIONS, INC, AND AMERICABLE OF GREATER MIAMI, LTD, FOR THE PRIVILEDGE TO USE THE STREETS AND PUBLIC WAYS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF MIAMI TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM UNDER CERTAIN TERMS AND CONDITIONS AND PROVIDING OTHERWISE WITH RESPECT THERETO AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 13th was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, 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 Armando Lacasa Vice Mayor (Rev.) Theodore R.Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT% None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9332. 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. ON ROLL CAT T Mr. Carollo: I'd like to make a statement before I vote. It is not right after all the allegations and lies that were spread, and spread in particularly by members of one of the companies here, T.C.I., that this license be granted just days before a City election. City election is going to reflect some de- finite changes in this Commission. And for the most part, will not be a majority to these companies here today. As I stated in the past, the appro- priate way that I feel this Commission should take now, in order to put a stop to all these people that were spreading these rumors for their own personal gain and benefit was to have started afresh, open up the whole process again and put it up for a referendum. Otherwise, this would never end. Therefore, for those reasons and others, I vote no. Mayor Ferre: I vote yes and for the purposes of trying to have, to make this as legal as I can, I pass this gavel to you Father Gibson, as Vice -Mayor and I wish to be recognized for the purposes of making a motion.. Father Gibson: Proceed, sir. ..07 OCT 19 1981 Mayor Ferre: Now, we have voted now upon this•on two separate occasions and it is therefore an ordinance adopted by, legally adopted by this City of Miami Commission. It will become law in 30 days. Now, because of the question of investiture and because of the purpose of avoiding legal ramifications that could come out of this, we have done it this way and I think it would stand under legal scrutiny in a Court of Law. I would, however, to further insure this vote because of a potential legal cloud hanging over it, and because this is a matter that has been disruptive to this community and I would hope that we could, in this way put an end to this. I would, and it requires four -fifths vote, like to waive the require- ments of reading it in two separate occasions, and if that passes, then I would make a motion to read the ordinance over again, today twice, and make it effective the 22nd, no, let's do it the next day, the 23rd of October, therefore giving Mr. Alden the right to submit the information as has been requested. do it that way, let me explain to you, and I want the legal counsel to give us legal opinion on this. What that does is, that insures two things, we have already passed it under regular, so it has been passed. under regular basis and it becomes law in 30 days. If we do what I am sug- gesting that we do, it will become effective on the 23rd day of October. Is that correct? Mr. Knox: If you want it to become effective before 30 days have expired, there must be a finding, a declaration that this is an emergency ordinance, and it will be designed to take effect on either immediately on the day that you specify if that dal is less than 30 days. Mr. Carollo: But there is an emergency George. If we don't do it this way, after November, none of them gets it. Mayor Ferre: Well. Mr. Carollo: It is an emergency for that. Mayor Ferre: Then what you are saying is, that if in my motion, I declare as part of the motion that there is an emergency at this particular junction, for the reasons that I would specify and in effect, we could waive 4 nd do it in two readings simultaneous, and get the effective date as of the 2:ira, there- fore giving Mr. Alden time to submit the information that has been requested. Is that correct: Mr. Knox: Yes sir. Four -fifths of the City Commission determine an emergency exists as a legal presumption that an emergency exists. Mayor Ferre: Alright now, my motion therefore Father is as follows: I move you sir, that because of the controversy that seems to swell around this mat- ter and because of the uncertainty that has been caused and so that there is no question as to investiture, it is the intention of this Commission who have been deliberating on this issue for a year at least, and has had the public hearings and has been part of the whole process, that I move that we waive the reading of this ordinance on two separate occasions for the purposes of making, of rereading it on simultaneous basis and making it effective on the [3rd day of October. That's my motion. Father Gibson: Alright. That is the motion. That is the motion. For the last time, there is a motion... Mayor Ferre: Before you ask for the last time, I want to make sure that the lawyers for T.C.I. and Americable have had the opportunity to express themselves on this, if I may before be get.. Father Gibson: Sure. Mayor Ferre: So let me hold back my motion and see what there opinions might be. Sen. Myers: Kenneth Myers, counsel for Americable. Let me try to understand, Mayor and clarify what you are intending by this. Do I understand you to say that as far a:. the substantive ordinance is concerned, that that nas passed uy two separate readings and that you are not intending to disturb the two separate readings with respect to the adoption of the ordinance? Mayor Ferre: It is not my inte:i'ion to disturb what is already been adopted by law in two separate readings which means that the fall back decision always is that this matter goes into effect exactly 30 days from today, which if- tl,,: :9th 08 OCT 191 � 81 a of October, and therefore it would go into effect on the 18th day of November. Sen. Myers: So that the issue you are talking about now, in other words vot- ing the effective day of the ordinance is totally severed from the issue as to the adoption of the ordinance. Mayor Ferre: Precisely so that.... Sen. Myers: And that if in some way, shape or form someone contested this in court, and if the court invalidates the setting of a specific date on the grounds it wasn't an emergency, a specific date for the effectiveness of the ordinance prior to 30 days, that the only thing that would be struck down would be that effective date and the ordinance would flow into effect on the 30th day. Mayor Ferre: Let me again repeat legislatively what I am trying to do. Okay. The legislative intent of this, Mr. Plummer, legally is that a motion has been passed that is legal and binding. Now, the question of whether or not there is investiture is a legal matter, that if challenged, would be determined by a Court of Law. In the interest of avoiding that challenge, it is the intention of the motion to make this effective as of the 23rd day of October, and that can be legally done, I want you to listen to this now, that can legally be done by us waiving, by us waiving because of the declaration of emergency by a four - fifths vote, and therefore making consecutive, voting on this one, on a conse- cutive basis. Now, if a Court of Law strikes that down, Mr. Knox, and this is a very important opinion, it is the legislative intent that the original motion of course remains. In other words, we have voted on this separately on two separate occasions and it would go into effect in 30 days. All we are doing here is stating the legislative intent of granting investiture to the companies. If a Court of Law strikes that down, the vote on separate occasions remains. Is that correct? Mr. Knox: Mr. Mayor, if that is your intention and the manner in which that _ intention may be carried out may that the City Commission adopt a resolution in which would manifest its intent to provide an effective date for this ordinance. In that way there will be severability between the adoption of the ordinance and the separate legislative act, Mayor Ferre: Okay. Alright. If that is the legal way to proceed, then I would do it that way. I thought that the other one was a stronger way of doing it, but if you feel that with a resolution that it is the intent of this Commission to make the effective date the 23rd, I would be happy to do it that way. Will that satisfy? Sen. Myers: Mr. Mayor, we...as far as the position of the two companies are involved, of course whatever the will of the Commission is, that is your will, we have no objection to what you are doing as long as it is clearly understood for the record and that it is legally followed that the resolution you adopt to establish the effective date is totally separate and apart from the adoption of the main license ordinance. Mayor Ferre: Sir, I've got to be guided by our Counsel, so I am willing to do it in either or —the soul purpose of this is to assure investiture. Now, you tell me which is the best way of Aoing that. Mr. Knox: I can add that to.keep it to the alternative course, and that would be to adopt an ordinance on an emergency basis and by a four -fifth vote and that ordinance would supersede the ordinance which you have already adopted. Mayor Ferre: So the previous ordinance would no longer exist. Well then, we can't do it that way, and I do stand corrected. So the only way that we can do this is by a resolution which says it is the intention of the Commission to make the effective date the 23rd of October. Is that correct? Mr. Knox. Yes sir. Mayor Ferre: Is that legally binding: Mr. Knox: Well, that is a resolution and it is a formally dignified enactment by the City Commission. OCT 19 1981 Mayor Ferre: Okay. Senator, is that acceptable then, to the parties involved? Sen. Myers: It is acceptable as long as it is clearly understood that the legal opinion of Mr. Knox is accepted by the Commission and that this reso- lution floats totally separately from the adoption of the substantive ordi- nance and has nothing whatsoever to do with it. Mayor Ferre: No, we are not changing it. I've taken that motion back, be- cause Counsel has now told me that if that motion were to pass, it supersedes the previous motion and therefore the previous motion would not exist. Sen. Myers: I would imagine that one of the justifications you could use if I could suggest, in adopting this is that in view of the dire financial crisis of the City, including the City of Miami.... Mayor Ferre: You don't expect me to use that kind of wording do you? What side are you on anyway? Sen. Myers: Well, I mean generally, with respect to the general needs of the City and the financial squeeze that the cities find themselves in, that it _ would not be improper to say that to get the $2,000,000.00 and flow of revenue in to the City revenues earlier is not an unreasonable thing to ask. Mayor Ferre: Alright. Then under that premise, Father, I move you sir, that this Commission adopt a resolution which specifically states that because of our interest in receiving these funds as quickly as possible, that it is the intent of this Commission to make the effective date on the 23rd day of October. That's the intent of the motion. Father Gibson: Alright, there is the motion. There is a motion. There is a motion. Mr. Carollo: There is no second. Father Gibson: There is a motion. Alright, Mr. Mayor? Mayor Ferre: The matter then rests where it was and I assume we stand adjourned. Is there such a motion? Father Gibson: Mr. Mayor, before we adjourn, I said I was going to make com- ment. One of•the things that you learn from American jurisprudence is that you live by precedents, you live by precedents. What really disturbs me is that we are setting a precedent which should not be. I am not arguing one way or the other, I simply warning, and I think all you lawyers here ought to tell us that. The law says you are to do thus and so. All of us were know- ledgable of the bidding process and the requirements. Because one or two, maybe three people think and feel differently, we then want to write into the law today. I would feel far more comfortable, I would think I would be in a much better position if the law were changed so that the law would be the same for everybody; the way it is now, the law is not the same for all. You have made..what is your name sir..you have made Alden an exception. You have made T.C.I.'s company an exception. No lawyer, I don't care how much you pay them in salary could tell you I am wrong. The rule is, this is what you do within a given period of time. I think it is blatantly wrong. I would be delighted to change the law, vote to change the law. But to do this to that company makes them special, and I warn this Commission because if you do it to them, somebody else in another situation will come here and say, well you did it in the cable television business, with T.C.I., so you can afford to do it with another com- pany under other circumstances. I warn you. I warn you, if I were that public, if I were those companies, there is nothing to sav that I wouldn't take you to court. cause you are not living within your own rules and I warn you. Mr, Carollo: Well Father Gibson, there is a law that is much greater than any law that man can make and that is the law made by our Creator above. And sir, let me remind you that sooner or later we are all going to face up to that law and there is no gray area. we are either going to go to hell and burn or we are not. .10 OCT 19 1981 4. REQUEST BY COMMISSIONER PLUMMER OF CITY CLERK FOR UPDATE ON RECALL COMMITTEE'S FAILURE TO FILE FINANCIAL DISCLOSURE. Mr. Plummer: I sell the tickets to both places, Joe. Mr. Mayor, I would only like to ask of the clerk ..... Mr. Clerk, it was my understanding that the com- mittee for recall had a certain date for which to file a financial disclosure, or financial statement. That day has long come and gone and I am now of course wondering what is the next procedure to mandate that the law be com- plied with? Mr. Ongie: They have, as of this date, still failed to file the report. I sent them, as is required by state law a Certified letter demanding that the report be filed as the state law requires 48 hours within receipt of my letter. It still has not been received. The matter has been referred to the City Attorney for further action. Mr. Plummer: Was that letter mailed to the Committee for Honesty and Integrity? Mr. Ongie: It was sent directly to Annette Eisenberg. Mr. Plummer: Let me ask the question again. Was it sent to Honesty and In- tegrity? Mr. Ongie: Yes sir. Mr. Carollo: You know what that means, Annette, eh? Do not pass go, do not collect $200.00. (laughter) Mr. Plummer: No, it means go immediately to jail. Do not collect $200.00! (Inaudible background conversation) Mr. Carollo: There is some hope after today's meeting. Going back to the Roman Empire in history, I was just remembering the coliseums. Remember what happened when the Romans used to throw two animals in the coliseum. I think we will be seeing that real soon in this marriage. Mr. Plummer: Mr. Clerk, if you do have a copy of that report filed by would you forward a copy of that to me please? Mr. Ongie: Yes sir, I will. Mr. Plummer: Thank you. There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 3:20 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk MAURICE A. FERRE Mayor .11 OCT 19 1981 C6�Y OI"r P&AMI ■ )w Lllcmv OIL ITEM NO DOCUMENT IDENTIFICATION A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF WILLIAM MUNCEY. 0 October 19, 1981 COMMISSION RETRIEVAL R-81-907 1 81-907