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HomeMy WebLinkAboutCC 1981-10-13 MinutesI TY OF M I A-IWI *' 1 NCOI{1'. )R %TE.I) IV s 96 CpsFL - OF MEETING HELD ON October 13, 1981 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G._ ONGIE CITY CLERK 0 I1� CI4' SSIffF lAF, R&DA rO NO. (SPECIAL) SUCT OCTOBER 13, 1981 roMNCE urri oN09o, I PAGE NO, AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO MIAMI TELE-COMMUNICATIONS,INC. AND AMERICABLE OF GREATER MIAMI,LTD. FOR THE PRIVILEGE TO USE THE STREETS AND PUBLIC WAYS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF MIAMI. FIRST READING 1 1-8 n MINUTES OF SPSCIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13 day of October, 1981, the City Commission of Miami, Florida, met at its regular meeting place in said City in Special Session to consider business of public import, namely Proposed Ordinance for Cable TV. The meeting was called to order at 9:22 A.M. by Mayor Maurice Ferre with the following members of the Commission present: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice Mayor Armando Lacasa Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager George F. Knox, City Attorney Matty Hirai, Assistant City Clerk ABSENT Ralph G. Ongie, City Clerk An Invocation was delivered by Reverend Theodore R. Gibson, who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Good morning ladies and gentlemen. This is a special Commission Meeting, with only one purpose and that is to consider an ordinance granting a non-exclusive license to Miami Telecommunications and Americable of Greater Miami and before we get into discussions, I have a legal question. Mt. Knox, it is my understanding that emergency votes deal specifically with emergencies as the title implies. It is my further understanding that economic reasons are not legally valid or accepted in the passing of an emergency. This contract is absolutely much too important for us to pass this in any way that would have a cloud over it. It is therefore my opinion, and I want a legal opinion, and then I would like to ask the attorneys, and I see one attorney here, I see several attorneys here if they concur. I see of course Barry Kuten, who is obviously not only an attorney, one who understands the legislative procedure very well. Mr. Carollo: George, make sure that when you do give your opinion, it will be one that Mayor Ferre: The concern that I have is that this will be challanged in court by someone and invalidate this process. The safest legal way, and we have been going step by step to make sure that everything is proper and legal is for this matter to be voted on at a regular course of events. Now, in the Legislature, in another body there is a certain time that has to wax. In our case, I think the law is very specific, it has to be on a separate day, so it could be tomor- row, for exawi,le, or it could be the 19th. I would of course, prefer that it be tomorrow, and I would be, but there may be some of you who would not be here tomorrow and we may have to wait until we can all assemble again. But to make it totally legal, I think we cannot proceed on this on an emergency basis. Can you give us a legal opinion on this? Mr. Knox: Yes sir. Generally, the adoption of an emergency ordinance is univer- sally approved in the courts where there is a danger, an clear and present danger to life and property which requires immediate official action by the City Com- mission. Any other declaration of an emergency, the courtsgenerally inquire very specifically as to the nature of the emergency, and where a purely economic consideration is before the court, the courts generally don't find that that situ- ation justifies the existance of an emergency. And there is a precedent, you may recall, about five years ago the City Commission adopted an emergency ordi- nance relating to the Orange Bowl, and the courts overturned it. Mayor Ferre; Precisely. Overturned it because there was no clear and present danger. I wouldn't want for us to proceed on something and it be challanged and then we have this problem starting all over again, because I see a clear danger in that. So the only way to really proceed in a conservative basis here legally is to do it. Now there is a third alternative, and that is to waive by a fovr- fifths vote the requirement of two consecutive readings, but that too is danger- ous because that is an exceptional Xay of doing things. I think a nuach \ 11b safer by going along the established clear and legal route. I'd like to ask Senator Myers his legal opinion and then Burton Landy, if you would and Barry Kutun, if I can impose on you I know that you are here representing but nevertheless, if we can impose on your legal expertise on this. Mr. Landy: Mayor and members of the Commission, we concur. We do believe it would be the best legal procedure to have two separate readings. Burton Landy, in behalf of Miami T.C.I., we also agree, Mayor. I think that is the proper procedure. Mayor Ferre: Barry, do you want to put your two cents in this? Okay Barry, thank you sir. Okay. Then based on that, I think, unless there is a motion otherwise for us to go on emergency, this would be on first reading. Okay, I am open for any discussion from the Commission on this ordinance. Does any- body want to discuss anything: Mr. Carollo: Mr. Mayor... Mayor Ferre: Yes sir? Mr. Carollo: Thank you Mr. Undertaker. Mr. Plummer: You are welcome, Mr. Massacre Me. Carollo: Some people do deserve to be massacred. Mr. Plummer: (laughter) You kill them, I'll kill 'em. Mr. Carollo: Mr. Mayor, I would hope that this Commission could add at least one final step to what we have before us here today, and that is that what- ever the outcome of this Commission, the majority of this present Commission wants to give this license away before the November election when some of us will not be here, but I would hope that we cov1d at least bring this to a referendum so that all the rumors, the allegations, the blatant lies that were spread, and spread specially by members of one of the companies here to- day, T.C.I. can be put to rest once and for all in the minds of the public. There were people in T.C.I., they were the ones who were shouting the loudest for a referendum when it was to their benefit. Well, Mr. Mayor, I agree, I think at this point in time, regardless of what company or companies we were contemplating giving this license to, it should be put to a final referendum, And I don't think anyone could point the finger wrongfully at anyone that would vote for whatever companies that would be before us. Mayor Ferre: Alright, do you want to make that in the form of a motion? Mr. Carollo: Yes, Mr. Mayor, I want to make that in the form of a motion. Mayor Ferre: Alright, we now have a motion on the floor that the matter of the granting of the these nonexclusive licenses be put to a referendum for the people of the City of Miami. Is there a second to that motion? Is there a second to the motion made by Commissioner Carollo to put this on a referendum. Hearing none, it dies for a lack of a second. Now, what is the will of this Commission? Mr. Plummer? Mr. Plummer: Mr. Mayor, I just want to ask some questions. I guess I would want to talk with Mr, Aldin and Mr. Hermanowski, if they are both present. I see Mr. Alden, I don't see....... Mr. Carollo: Well Plummer, I don't think we have a right to ask Mr. Alden any questions, he told me last time, put it in writing. I mean, he seems to be running the show. If we do have that right, I would certainly like to ask him some questions here today. Mr. Plummer; He will have the right to answer me that way if he wishes. I don't he really wants to, My question basically..assuming that we vote for first reading today, second reading on the 19th, I think is the scheduled date, it becomes effective, Mr. City Attorney, 30 days thereafter. Mr, Knox; Yes sir. Mr. Plummer; So that would put it somewhere around, let's call it for practical around the middle of November. Jointly, since you are now a joint firm, when would the first person in the City of Miami be watching Cable T,V,? 0 r Mr. Hermanowski: Commissioners, I am Charles Hermanowski. .02 We have full OCT 31981 indication of having active service to the residents around our N. W. 7th Avenue and 13th Street, our headquarters, probably the end of January, or certainly no later than early February. We could have had it the end of this year, however there have been some delays here you know. Mr. Plummer: So in other words, what you are basically looking at then is November, December, January .... you are talking about within 75 days the first person will be watching Cable T.V. Mr. Hermanowski: That's correct. It could be much sooner, also, Commissioner Plummer. Since our heading is here, our building is here, we've already started working on it, and we've done over a 1.00 miles of mapping so far, we've submit- ted the maps to several turn key contractors, major manufacturers and we will be _. moving very expeditiously on this. Mr. Plummer: Ar. Alden Mr. Alden: I just wanted to comment, Commissioner, that in fact, as Mr. Herman- "� nowski stated, one of the major turn key operators scientific Atlanta, is meeting us here at one o'clock today to begin walk out of the city and begin pricing for us. Mr. Plummer: Mr. Knox, Americable had formally agreed, in their proposal on a motion that I made of $200,000.00 a year would go to the City of Miami Police Department as a restricted fund strictly for narcotics enforcement. Is that still binding on the joint firm? Mr. Knox: Mr. Plummer, I will refer you and the Commission to Page 32A of the _ license ordinace set before you, and for the record I will reads its provision: "Throughout the term of the license granted herein, the Licensee shall make annual contribution payable to the City of Miami $200,000.00 to be used in the public interest in connection with the City's drug enforcment effort and the development of plans for the use of assistance to promote such efforts". Mr. Carollo: $200,000.00 for drug enforcement? Mr. Plummer: $3,000,000.00 total. Mr. Carollo: $3,000,000.00 to fight drug enforcment. Okay, if it doesn't make anybody nervous in his company, I am all for it. Mr. Plummer: What I am asking, Mr. Knox, is, that it is binding on the joint venture as well as the individual firm. Mr. Knox: Yes sir. Mr. Plummer: Alright. Mayor Ferre: Alright. Joe, do you have some questions? Mr. Carollo: Yes, I do Mr. Mayor. Any additional threats that would like to be made can be sent to my P. O. box here at City Hall. Mr. Knox, I have a legal question for you, if you don't mind sir. If you can't answer it here, I can understand. I was just hoping you could give us a written answer then, before the next meeting for Cable. Mr. Knox, if any one of these cable com- panies that came before us, if they would have given any amount of money to any media, newspaper particularly and no advertisement was ever published, would they have been in violation of any of the rules that we established, or any city, county or state laws? Mr. Knox: Of course that is a question that I would have to do some research on and give you an answer at a later time. Mr. Carollo: Do you think you can give us an answer by the 19th if that is the next date that we will be meeting? Mr. Mayor, if you will recall, I had asked Mr. Alden last... in the meeting before last if his company had placed any advertisement in different newspapers. He stated that yes, they had placed advertising in about five or six Spanish speaking newspapers before the July 14th vote. Now, I never saw any advertisements in any of these so-called weekly newspapers before the 14th of July vote. I did see a lot of articles placing his corporation before the 14th of July vote and included in these articles were very nasty jabs at people on this Commission that they al- ready knew would not vote for.them, by statements that they had made publicly. and even more jabs at people that they would hope they could pressure into voting for them. Mr. Mayor, I would hate to give a license or franchise to a company that we might find some weeks and months ahead had violated the law, and we might find ourselves starting from point one all over again. Q3 c,�._ . , rS Furthermore, Mr. Mayor, I think this Commission has its duty, has a solemn obligation to get to the bottom of something like that. If indeed we have a company, and let me add this, as Mr. Aldin stated to me personally that the reason they have placed advertisement in these five or six newspapers because one of his stockholders, Mr. John Lasseville, told him that is his firm would not do that, these papers would attack them. Well, we have a solemn obligation to get to the bottom of this. If indeed, T.C.I. gave money to newspapers that did not put that advertisement, and if so, why did they put the advertising? Was there an understanding to that, and furthermore, we have an obligation to find out if there were so-called weekly newspapers in this town that were resorting to blackmail in this cable issue. Mr. Mayor, I would hope that regardless of whatever decision this Commission wants to make, that we get to the bottom of that. Mayor Ferre: We will expect a legal opinion on this from you before the second reading. Is there any further questions at this..... Mr. Carollo: Yes, Mr. Mayor, I would like to ask Mr. Alden if he would have any objections to giving us a list of the publications that his firm placed ad- vertising in, and the dates when those advertisements came out. Mr. Alden: Commissioner Carollo, members of the Commission, I will be provid- ing for the Commission's purposes exactly that which we are required by the en- abling Qdinance and the ordinanceof the City of Miami to provide. One of the items on the successful license applicant expense disclosure form is the amounts of money that we have paid for various advertising and public relations. We will be presenting that to the City as required. Mr. Carollo: Mr. Mayor, this is unacceptable. What Mr. Alden is trying to do, and he well knows it, is trying to get away from presenting this before the Commission until after the vote. The ordinance sta4-es that he does not have to send that until after we vote. Mayor Ferre: Mr. Alden, as a matter of courtesy, would there be any problem with presenting that to Commissioner Carollo? Would you do it between now and the 19th? Mr. Alden: Yes, I'd be happy to. Mayor Ferre: And by that I don't mean on the 18th. Mr Alden: I'll get it done - it will take me a matter of days to do it. Mayor Ferre: Alright. Anything else, any other questions? Mr. Carollo: I'm sorry I ask you such a complicated question, Mr. Alden. Mayor Ferre: Alright. And now we are ready to make a motion. Father Gibson: Mr. Mayor, I move that the contract be awarded to the joint persons who have applied and qualified. Mayor Ferre: This is on first reading, an ordinance granting a non-exclusive license to Miami Telecommunications and Americable of Greater Miami. Is there a second? Second my Lacasa. Is there further discussion on this? Alright, Mr. Rolle, I see that you..for what purpose you rise sir? This..we are not strictly in a public hearing, but I will, out of courtesy recognize you if you wish to say something briefly. Mr. Rolle: Mr. Mayor, members of the Commission, Manager, Mr. City Attorney, and others: The pending proposed ordinance granting a non-exclusive license to Miami Telecommunications, Inc. and Americable of Greater Miami, Limited is a void exercise. The ordinance as totally constructed has been improperly pre- sented and knowingly distorted. I respectfully request that the Administration reassess the lawful responsibility of this city under Section 16A, Section 7B, Section 77, Section 84, Section 73 and 74 of the Charter. I ask that you, Mr. Manager, request that this CommiEsion at the conclusion of this presenta- tion take a recess prior to any further discussion and/or vote on this matter. I ask further that you recommend that the entire matter be set aside. May I request that the Manager indulge this speaker an audience during the recess to make a presentment of facts which substantiate the seriousness of allegations I will make here and elsewhere if need be. The information I shall present will withstand reputation by any individual or any groups of individuals. I trust that the wisdom, scope and authority of the Administration, these timely .04 OCT 131981 4 0 moments can be arranged, so that this matter which will adversely affect this entire community and embarrass this Commission and certain departments in particular can be resolved in an alternative fashion where the opportunity to rectify is yours. Not intending to be overly presumptious by the wording in the preceeding paragraph, but from where I stand, relief must be forthcoming, forthright and'done with dispatch. Mr. Manager, I believe that your office should be afforded this initial opportunity to ascertain the validity and timeli- ness of the following allegations, determine if there is merit and decide whether or not your immediate intervention is warranted. The choice will be yours. I charge that this Commission, in the majority is guilty of collusion, conspiracy, fraud, perfidy, misfeasance, malfeasance, nonfeasance, over -reaching, misrepre- sentation and bad faith. I implore this Commission not to go further on this matter and certainly not to cast a vote on this matter. Barring that admonition receiving proper acceptance by this Commission, I urge you Mr. Manager, for the good of this City of Miami and its future and in defense of the Charter to uni- laterally exercise your unalterable options that is available by law to begin to remedy and rectify this entire matter. And finally, if all else fails, after having made this appeal at this stage, I am left with no option other then to seek relief in the courts and/or other agencies authorized to compel compliance. I thrust that you all understand the language in Chapter 839, Section 25 of the Florida Statutes entitled "Official Misconduct" and I truly hope that all who are involved understand that official misconduct is a felony of the third degree and is punishable as provided in Chapter 775, Section 082 and 083. And lastly, I assure you one and all that the lain, the truth and the weight of the evidence is on my side. And to you Father, let me just assure you that all efforts of the CYA will be of no avail and absolutely ineffective. Please say to your colleagues that there is an awful lot sticking out and the evidence is here and the fact that I am caring what happens next is up to this Commission and Mr. Manager I will talk to you if you choose to do so. Thank you, Mr. Mayor. Mayor Ferre: Alright, Mr....Father if I may, Mr. Rolle, you as a citizen, of course have rights and a right to make accusations of any kind, of any nature. You have to of course, substantiate the accusations and of course you can al- ways get the relief from the courts if you were in the right. In the meantime there is a motion before us, and a second, a duly constituted motion for an ordinance, which if it passes, will pass on first reading. You will have, Mr. Rolle, a week and the Chair will instruct the Manager to meet with Mr. Wellington Rolle as he has requested with proper counsel and go over the alle- gations that he has made, so that when we vote on the final reading on the 19th, if necessary you can respond. Father Gibson: I'm calling the question. Mayor Ferre: Further discussion? Call the roll, please... Mr. Carollo: Cne tacre question, if I may sir. Mayor Ferre: Well, with Father's permission, since he called the question. Father Gibson: Well, Mr. Mayor, as the presiding officer, I don't think we needed the when I made the motion and it was seconded... Mr. Carollo: Sir..... Father Gibson: Wait a minute, I have a right... Mayor Ferre: I'm respecting your right sir. I am about to say that under the rules that we function when somebody calls the question from the Commission, the question must be called. Now Commissioner Carollo wanted to say something and I asked your permission to do so, since you had called the question. Now, it is your choice. Father Gibson: Mr. Mayor, I think we had ample time to discuss and what a citizen did a few minutes ago is repulsive to me. We gave everybody ample time. This is not a public hearing. I think one of the problems in this Commission is that we don't adhere .. we try very, very hard to be human and reasonable. Mayor Ferre: That's right. Father Gibson: And people take advantage of it. They come up here and insult your integrity and the honesty of people. I call the question. ,05 OCT 131981 AN ORDINANCE ENTITLED: AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO _ MIAMI TELE-COMMUNICATIONS, INC. AND AMERICABLE OF GREATER MIAMI, LTD. FOR THE PRIVILEGE 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. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOS: Commissioner Joe Carollo ABSENT: None 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 CALL: Mr. Plummer: On the record, Father, I, you know I respect you to the greatest degree. I disagree, Mr. Mayor, with you and with Father as a matter of courtesy for a Commissioner to make a statement. I don't believe in any way that statement will change my vote this morning. But I put myself in that attitude, that it could be me and I would not be able to make a statement. I will not challange the ruling of the Chair. Under personal calling of the vote, you have every right to do that, but I do disagree when a Commissioner does not have the right to make a statement. Father Gibson: I would not mind the Commissioner making a statement, I don't want the public to ridicule me and castigate me as I have just witnessed. If this is going to be Commission business, that is one thing. Just remember... Mr. Carollo: Gentlemen, I think you are all out of order right now. Mr. Gibson: I run an institution and we will never be through a meeting if we don't....... Mr. Carollo: Mr. Mayor, we are out of order here, we are in the middle of a vote. Mayor Ferre: That is right. Carollo is correct and we are in the middle of a vote and you want to make a statement as you vote, the Chair will allow that, otherwise, cast your vote please. Ms. Hirai: (calls roll for vote) Mayor Ferre: Let me explain, J. L., because I don't want any misapprehensions here. Mr. Plummer: You don't have to explain..I understand. Mayor Ferre: You made a statement and I want to make sure that the members of the public understand it well here. Mr. Knox, we function here under Robert's Rules, is that correct? Mr. Knox: Mason's Rules. Mayor Ferre: Mason's Rules. Now, under Mason's Rules, when there is a motion onthe floor, and it is duly seconded and after debate, if a member of the legislative body calls the question, what is the position of the Chair at that point. Mr. Knox: The calling of the question cuts out the debate and the question must be called. 06 OCT 13 iggj 0 4 Mayor Ferre: The only way that that can be overruled is for the person who calls the question to waiver it. Is that correct? Mr. Knox: Yes, sir. Mayor Ferre: Or, can it be put to a vote? Mr. Knox: Yes, sir. Mayor Ferre: So, the only two ways, that once a question has been called can be overruled is by the maker of the motion to call the question overruling, or if a person makes a motion against, or votes against the calling of the question, so that we have two votes, one on the calling of the question, and secondly, on the main motion itself. That's why I followed the procedure, as I think I always do, that guide us. It wasn't that I wanted to cut Carollo off, I've never cut anybody off from discussion, but I was following the rules that we have in this Commission. Now at this time anybody...... we've taken the vote, this matter is not concluded and any member of the Commission who wishes to make a statement is welcome to do so. Mr. Carollo: I'd like to make a statement here, if I may. I'm sorry that my wanting to make a statement caused a little bit of commotion, however I understand the rules that we abide by we abide by. That is correct. Mr. Mayor, this is why I have been pleading with this Commission that this whole matter should be left until after the election and that we would start afresh in going at it with the three consulting firms in opening up this whole ca'l]e process with new proposals from the cable companies that have applied now 'and those that would like to apply. And that is also why I wanted to see ou• final decision go to a referendum so that no one could get up and star making a lot of allegations. In backing this up, Mr. John Lasseville, T.C.Z. member, he is been going to everyone in this town spreading a a whole pack of lies, allegations. Well, I'd just like to invite him, and anyone else to come be- fore this Commission, now or anytime in the future and bring out any allega- tions they would like to. Mr. Rolle, you are running for the Miami City Commission, am I right sir? I'd just like to make that point clear. It is sad to see what greed and power does to people. The best example that t have seen in a long, long time is this whole cable matter. I have seen the worst of human nature come out of people just from greed and power. It is sickening. Father Gibson: Mr. Mayor? Mayor Ferre: Yes, sir. Father Gibson: This has nothing to do with the contract. This has something to do with something else that is very basic in the American way of life. We have a law that says, thanks to the Herald. The Herald pointed out in its paper that the recall people have not made their report. I want to know from those of you who are responsible to receive, how come and why? Ms. Hirai: Mr. Ongie addressed a letter to them manding that they would file and..... Mayor Ferre: We have the president of the recall movement here. Annette Eisenberg: Unfortunately Pepe Velez was not available last week. He should be in the office any moment now to file. We are going to report $600.00 in -. ntri- butions, mainly from ourselves and friends, and $800.00 in in -kind. That's where the quarter of a million dollars is. And I'm sure Mr. Velez when he does come in today will explain that he was not available last week. Mr. Plummer: Through you to the attorney, Mr. attorney, I would hope between new and the 19th you would have the opportunity to to avail yourself to the prevail- ing rules of recall, in which there were some serious violations occured. I fully intend to bring up this criminal activity on the 19th, perpetrated by those who call themselves for honesty and integrity. I'll do it at the appro- priate time, Mr. Mayor, whether it is on the 19th or the 22nd. There are some serious violations, I understand that were violated of the, state statutes. I don't know that it is individually, or collectively, but I fully intend to see that the honesty and integrity of the state statutes are fully implemented. Mayor Ferre: Alright, we will be meeting once again on the 19th for the sole purpose of the second reading of the ordinance that we just read in first read- ing today. Mr. Knox I have personally seen some typographical errors in this document. I would hope that on second reading all of the typographical errors that are not substantive in nature will be corrected so that we have a good document. Is there further discussion? , .07 OCT 1 3 1981 There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 10:00 A.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk MAURICE A. FERRE Mayor OCT 1 17 0 �9C1