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HomeMy WebLinkAboutCC 1981-09-10 Minutesy 3t I'iD"1 ND. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (REGULAR) SmcT SEPTEMBER 10, 1981 SCATTERED SITE PUBLIC HOUSING IN THE MODEL CITIES NEIGHBORHOOD BRIEF DISCUSSION AND DEFERRAL OF HIRING FREEZE EXEMPTIONS DISCUSSION ITEM: RENAMING OF FERN ISLE PARK DISCUSSION OF ADMINISTRATION OF PARK WEST (5-DAY RULE INVOKED) DISCUSSION OF CABLE TELEVISION SYSTEM FOR THE CITY (SEE LABEL 12 SAME MEETING FOR CONCLUSION). PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. CONDOLENCES IN THE DEATH OF MIAMI POLICE OFFICER NATHANIEL BROOM ALLOCATE FUNDS FOR FUNERAL OF MIAMI POLICE OFFICER NATHANIEL BROOM. CONDOLENCES IN THE DEATH OF MR. ROY WILKINS, NAACP. OPEN BIDS: AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C OPEN BIDS: CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5476-C CONTINUED DISCUSSION ON CABLE TELEVISION:REQUEST $200,000.00 YEARLY DONATION BY SUCCESSFUL AWARDEE (S) TO BE ALLOCATED FOR WAR ON DRUGS. COMMISSION POLICY ON PROCEDURE: NO MORE THAN ONE SUBSTITUTE MOTION AT A TIME SHALL BE CONSIDERED PRIOR TO ACCEPTING ADDITIONAL SUBSTITUTE MOTIONS (SEE LABEL 14 FOR CONTINUED DISCUSSION ON CABLE TELEVISION): MOTION IN CONNECTION WITH CABLE TELEyISION- AUTHORIZING MANAGER TO NEGOTIATE WITH AMERICABLE AND TELECOMMUNICATIONS,INC. ON A DUAL OR JOINT VENTURE FOR CABLE TELEVISION IN THE CITY OF MIAMI FORMALIZING RESOLUTION: NEGOTIATE AGREEMENT WITH CONVENIENCE AND SAFETY CORPORATION TO PROVIDE BUS SHELTERS WITH AND WITHOUT ADVERTISING AT BUS STOPS IN THE CITY EMERGENCY ORDINANCE: INCREASE APPROPRIATION FOR GENERAL FUND DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT EMERGENCY ORDINANCE: ESTABLISH RATES AT CRETAIN OFF-STREET PARKING METERS AND LOTS, GARAGES, ETC. EMERGENCY ORDINANCE: APPROVE APPROPRIATIONS FOR FY 81-82 DEPARTMENT OF OFF-STREET PARKING EMERGENCY ORDINANCE: APPROVE EXPENDITURES FOR OPERATION OF GUSMAN HALL AND THE OLYMPIA BUILDING BY THE DEPARTMENT OF OFF-STREET PARKING tD spurt ON No. PAGE 1C M-81-746 1-3 DISCUSSION 1 4-5 DISCUSSION 5-6 DISCUSSION 6-10 DISCUSSION 11-40 DISCUSSION 40 R-81-747 M-81-748 M-81-749 R-81-750 R-81-751 M-81-752 M-81-753 M-81-754 R-81-755 ORD. 9307 ORD. 9308 ORD. 9309 ORD. 9310 41 41-42 42 43 44 44-81 44-81 81-86 86-88 08-89 89-90 91-92 92-93 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 l al (REGULAR) SMET SEPTEMBER 10, 1981 FIRST AND SECOND READING ORDINANCE: DEFINING AND DESIGNATING TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT, TAXATION, FIXING MILLAGE AND LEVYING TAXES. FIRST AND SECOND READING ORDINANCE: MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR PURCHASE OF MATERIAL, EQUIPMENT OR SERVICE i FIRST READING ORDINANCE: AMEND CITY CODE 30-26 FEES CHARGED FOR CHILD DAY CARE PROGRAM MOTION TO PROCEED WITH FINANCIAL FEASIBILITY STUDY: WATSON ISLAND EXECUTE ONE DAY CONCESSION AGREEMENT: PERFORMING ARTS FOR COMMUNITY EDUCATION (PACE) AUTHORIZE CITY MANAGER TO EXPEND FUNDS EARNED FOR THE CONFERENCE/CONVENTION CENTER. DISCUSSION AND DEFERRAL OF ACCEPTANCE OF BID: UNIFORMS FOR POLICE DEPARTMENT. APPROVE IN PRINCIPLE: FINAL DRAFT REPORT ON CORE AREA WEST PREPARED BY KIMLEY-HORN AND ASSOCIATES,INC AUTHORIZE CITY MANAGER TO SEEK 2 APPRAISALS FOR POSSIBLE CONSTRUCTION OF CORE AREA WEST PARKING GARAGE PROVIDE FOR SUBMITTING TO QUALIFIED ELECTORS: EXTENSION AND MODIFICATION OF EXISTING LEASE AGREEMENT RUSTY PELICAN RESTAURANT CALLING AND PROVIDING FOR SPECIAL MUNICIPAL ELECTION NOV. 3 PROPOSED EXTENSION AND MODIFICATION OF LEASE, AGREEMENT RUSTY PELICAN RESTAURANT AFFORDABLE RENTAL HOUSING DEVELOPMINT PROGRAM GRANT REQUEST MADE BY EMILIO CALLEJA-DOWNTOWN ' BUSINESS ASSOCIATION FOR CLOSING OF STREETS DOWNTOWN SATURDAY SHOPPING CAMPAIGN. DEFERRAL OF REQUEST FOR FINANCIAL ASSISTANCE FOR ORANGE BLOSSOM PARADE BRIEF DISCUSSION AND DEFERRAL:ELECTRIC RATE CHARGES AT DINNER KEY MARINA DISCUSSION ITEM: POLICE DEPARTMENT ORDERS REGARDING CONSENT DECREE DESIGNATE AREA.OF BICENTENNIAL PARK FOR MARITIME MUSEUM REHABILITATION PROPOSAL FOR CULMEI%-JVERTOWN AREA APPROVE SENDING OF DELEGATE TO 1981 INTERNATIONAL SCIENTIFIC FORUM ON CHANGES IN ENERGY TO BE HELD PAGE # 2 I NANCEo� sol t1 0. 1 PAGE NO. ORD. 9311 ORD. 9312 FIRST READING M-81-756 R-81-757 R-81-758 DISCUSSION R- PI-759 M- 81-760 M- 81-760.1 R-81-761 R-81-762 M-81-763 M-81-764 M-81-765 DISCUSSION DISCUSSION DISCUSSION M-81-766 M-81-767 93-94 94-95 96-97 98-101 101-102 102-1.03 103-104 104-105 105-106 1 107-110 114-115 115-117 117-119 119-120 120-121 122-123 IN MEXICO CITY- DISCUSSION 123-124 -- -mow 10 NDS 39 40 41 42 43 44 45 46 47 48 49 50 51 52 i 53 54 55 56 57 58 (REGULAR) !1� &UCT SEPTEMBER 10, 1981 PROVIDE ASSISTANCE TO ORANGE BOWL FIRST GREAT INTERNATIONAL FAIR WAIVE PERMITS FEES FOR CONCESSIONS, RIDES, BOOTHS, ETC. PERSONAL APPEARANCE: ROB GLAUBMAN REQUESTING FUNDING 1982 BIG ORANGE FESTIVAL. PROVIDE FUNDING FOR URBAN LEAGUE OF GREATER MIAMI 9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNAMENT PROVIDE FOR ADVERTISING FOR R.F.P.'S-AUDIT ADVISORY COMMITTEE PERSONAL APPEARANCE: SOCIEDAD PRO ARTE GRATELI REQUEST FOR FUNDS: SPANISH VERSION OF "TAMING OF THE SHREW" PERSONAL APPEARANCE: HERB GOLOB AND CHUCK BROMLEY REQUESTING FUNDS FOR LAW ENFORCEMENT APPRECIATION FOUNDATION. CONTINUE FUNDING: ALLAPATTAH DEVELOPMENT AUTHORITY INC. ISSUE DEVELOPMENT ORDER: MIAMI CENTER II FIRST PUBLIC HEARING: FY 81-82 BUDGET - ADOPT MILLAGE RATE SUBJECT TO LATER CONSIDERATION. ADOPT TENTATIVE BUDGET` MAKE PROVISION FOR HOLDING A NORPARTISAN PRIMARY ELECTION FOR MAYOR AND TWO COMMISSIONERS DECLARE INTENT IN CONNECTION WITH PASSAGE OF ORDINANCE 9296 (REGARDING FIRE FIGHTING BOND ISSUE) AMEND AGREEMENT: FINANCING OF HOUSING IN THE CITY BETWEEN THE CITY AND THE COUNTY AMEND AGREEMENT: FINANCING OF HOUSING IN THE CITY BETWEEN THE CITY AND THE COUNTY AUTHORIZE AGREEMENT: METRO DADE COUNTY FOR SERVICES PROVIDED BY CITY OF MIAMI PLANNING DEPARTMENT (U.M.P.T.A.) AUTHORIZE AGREEMENT: DESIGN AND DEVELOPMENT SERVICES FOR OVERTOWN SHOPPING CENTER CLAIM SETTLEMENT: AMOCO OIL COMPANY FIRST AND SECOND READING ORDINANCE: ESTABLISH PROJECT IX.0 (11) 20 FIREFIGHTING EQUIPMENT AWARD BID: FIREFIGHTING EQUIPMENT CLAIM SETTLEMENT: MARIA VEGA RESCHEDULE OCTOBER COMMISSION MEETING TO OCTOBER 1, 1181 PAGE # 3 rINANCEOLUTO t No. IPAT NO# M-81-768 M-81-769 DISCUSSION M-81-770 M-81-771 DISCUSSION M-81-772 M-81-773 M-81-774 FIRST READING R-81-775 R-81-776 R-81-777 R 81-778 R-81-779 R-81-780 R-81-781 ORD. 9313 R-81-782 R-81-783 R-81-784 124-128 128-129 129-130 130-131 131-132 132-134 135-137 - 137-150 150-196 196 197-198 198 199 199 200 201 201-202 202203 203 204 vl� X3„ p MINUTES OF REGULAR. MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of September, 1981, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regu- lar session. The meeting was called to order at 9:05 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner Armando Lacasa 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 Gibson who then led those present in a pledge of allegiance to the flag. A motion to approve the Minutes of the Regular and Planning and Zoning items of May 28 and June 25, 1981 and the Regular Meetings of June 8 and July 9, 1981 and the Special Meetings of June 26 and July 14, 1981 was introduced by Commissioner Plummer, seconded by Commissioner Lacasa and passed and adopted unanimously. 1. SCATTERED SITE PUBLIC HOUSI?,1G I:1 THE '_MODEL CITIES NEIGHBO%1 ROOD . Mr. Gary: Mr. Mayor, at this time I would like Ms. Spillman, the Director of Community Development to respond to this item. Ms. Dena Spillman: Good morning. Mayor and members of the City Commis- sion, as you are aware, for the past several months we have been discuss- ing the issue of scattered site public housing throughout the City. The last time we brought this issue before you, you instructed us not to put any public housing in a neighborhood that did not want it through a com- munity meeting or a vote of the community. We had proposed 72 units in the Model Cities neighborhood and we have come upon a unique occurence, I think, in the fact that we got a 5 to 5 tie vote in Model Cities and we felt the decision needed to be brought to you. Mayor Ferre: All right, Dena, in the interest of time I'm sure the rest of the Commission has read your memorandum which is item "B" in your agenda packet. Since there was a 5 to 5 tie then as far as I'm con- cerned there was not a denial on the part of the community of housing, in addition to which, your department recommends that we proceed, is that correct, with the 72 units? Ms. Spillman: Yes, we do. Mayor Ferre: And I'll tell you just right off the bat after having read your memorandum and what occurred on that occasion it seems to me that this Commission should now, this City should pursue those 72 houses and build them. They are much needed in the Model City area and I personally want to move forward on it. I don't know how anybody else feels. Does anybody have any different feelings or objections? SEP 101981 V Rev, Gibson: I move, Mr. Mayor, that we proceed. Mr. Lacasa: I second. Mayor Ferre: There's a motion made by Gibson, there is a second trade by Lacasa that we proceed with the hopefully building of 72 scattered site public housing units within the Model City neighborhood on the basis that the board tied on a 5 to 5 vote, and that the administration is recomending it and that there really has been no valid serious objection on the record. 6r. Plummer: Mr. Mayor, let me only ask this question: What does this motion really do? It tells the department to proceed and then come back with a more definitive plan? Ms. Spillman: Dade County HUD will proceed and they must proceed before September 30th or we will lose these units. Mr. Plummer: Okay, another government -by -crisis, the same thing, you wait until the last minute. Mayor Ferre: No, no, this has been going on for a long long time. It is a crisis because it hasn't been resolved but it certainly is not any negligence on the part of the administration for bringing it to us at the last moment. Mr. Plummer: All right, the point I'm trying to make is this. I read the backup material and there was more than one vote. Ms. Spillman: There were several votes. Mr. Plummer: Okay, my material says there were two. All right? And the first vote the board turned it down overwhelmingly. The second vote was a stand-off, now my only question has to be "Where do we go G from here?" when, in effect, you know I understand a tie is a denial. I just want to make sure that our motion today of intent is a motion that still retains the control in this Commission. Mayor Ferre: Let's get the record straight. 5 to 3 which was the original vote is not an overwhelming defeat, with all due respects. 5 to 3 is just not an overwhelming defeat. Now, the second vote was 5 to 5. The instructions to staff from the City Commission was, "We shall not build any public housing in neighborhoods that do not want public housing." Now, my statement was that the neighborhood as represented by the Board in a letter submitted to you of June 10th by Willy Calhoun, Chairperson of Model City Community Development Beare, and as representad here today by these ladies who are represent- ipg the board and by the administration was not turned down. So a tie vote in this particular case is that there was not a denial on their part, therefore, it is approved. Mr. Plummer: Mr. Mayor, is the bottle half full or half empty? Mayor Ferre: This Commission is going to decide that in a moment. Mr. Plummer: Well, that's the question. I have no problem with voting to increase housing, no problem at all. Okay? The only question I'm asking, and because we're under the time frame, because it is Dade County HUD, is this Commission going to still retain some control of our money? Our money? Not HUD's money, which they can't get or can't raise, are we going to have some control and some say or is metropolitan Dade County's HUD going to treat us as most Metro- politan Dade County Departments do, of common courtesy of coming here and saying, "Commission, what do you want?" and then going back and doing what the hell they pleased from the first point? What control, what assurances do we have that in those neighborhoods they don't want public housin8, they're not going to get it? Ms. Spillman: Well, we've already, we're not going into neighborhoods that don't want public housing per your........ Mr. Plummer: You have thait in writing? Do you have that in writing from Metropolitan HUD? Ms. Spillman: Commissioner Plummer, the County cannot come into the F pity tatticulariy becauue W to using our bond tooney .for thi,a, without Our support. There is no way that they can do it. Mr. Plummer: Our support here is bond money, now I'm saying to you do you have anything in writing from HUD that we have that agreement that if a neighborhood doesn't want it they're not going to be forced on? Mr. Mel Adams: I will send Dena this afternoon a letter saying that we have no intention of building any public housing..... Mr. Plummer: No, not no intention, "We will not". — Mr. Adams: We will not build public housing in Shenandoah and Flagami which were the two neighborhoods that..... Mr. Plummer: No, sir, that is not the point. See, that's exactly what I'm scared of. You're going to pinpoint Shenandoah and Flagami and then wherever else you want, Mel, you're going to do what you want with our money and we're going to get criticized. Mr. Adams: No, not with your money. With your money, I will not build in any neighborhood where you say not to build. Mr. Plummer: That's what I'm looking for and I want that in writing and I'll be ready to vote one hour after you surrender that in writing. Mayor Ferre: You don't want to vote on it now, is that it? Mr. Plummer: No, sir, like Father says, black and white don't lie. Mayor Ferre: Mr. Adams, would you get a piece of paper and write it out? Mr. Plummer: No, Mr. Mayor, I'll make it easy for you. Make the motion subject to the receiving of that letter it is approved. Mayor Ferre: Thank you, sir. Rev. Gibson: All right, that is the intent of the maker of the motion. Mr. Lacasa: And the seconder. Mayor Ferre: Further discussion on this issue? Call the roll, please. The following motion was introduced by Commissioner Gibson who moved tts adoption: MOTION NO. 81-746 A MOTION OF THE CITY COMMISSION AUTHORIZING THE ADMINIS- TRATION TO PROCEED WITH THE CONSTRUCTION OF 72 SCATTERED SITE PUBLIC HOUSING UNITS IN THE MODEL CITIES NEIGHBOR- HOOD BASED UPON THE RECOMMENDATION OF THE MODEL CITIES' BOARD. (NOTE: The hereinabove motion was passed by the City Commission subject to Mel Adams' assurance to the Commission that Metropolitan Dade County would not build any of these units with City of Miami money in neighborhoods where the people do not want them built.) Upon being seconded by Commissioner Lacasa, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 2. BRIEF DISCUSSION AND DEFERRAL OF HIRING FREEZE EXEMPTIONS. Mr. Gary: Mr. Mayor and Commissioners, we are requesting at this time !that eleven positions be exempted from the freeze. In your package you have explanation of those eleven positions and we deem these positions critical to provide normal services and we request your approval. I'd be happy to answer any questions about any of the positions. Mayor Ferre: All right, are there any questions with regards to the request, Item "E" which is specifically in the Parks Department a welder, is that correct? Mr. Gary: Yes, sir. Personnel Department, a Personnel Officer. Mayor Ferre: A Personnel Officer. Mr. Gary: A Custodian. Mayor Ferre: In the Building and Vehicle, a Maintenance Repairman, a Heavy Equipment Mechanic, a Typist Clerk III, a Duplicate Equipment Operator, a Secretary II; in the Finance Department a Typist Clerk II and an Aide I. All right, is that the extent of it? Mr. Gary: One Custodian over at Dinner Key Auditorium. Mr. Plummer: Mr. Mayor, I would ask that these items be voted on indi- vidually. Mayor Ferre: All right, sir, we'll start with the first one which is the Department of Parks, a welder. Is there a motion? ;Mr. Plummer: I move that it be denied, we have many other welders in the City and they can utilize a welder from another department. Mayor Ferre: Yes, sir. Mr. Gary: I'd like to respond.... Mr. Plummer: Mr. Gary is out of order, I have a motion on the floor which has not received a second. Mr. Lacasa: Second. Mr. Gary: Mr. Mayor, we have approximately 1 or 2 welders in the en- tire City to manage over 100 pieces of property. Those welders, ob- viously are understaffed as it exists right now in the Building Dept. What we have accomplished here by Having a welder in the Parks Depart- ment is to devote full time welding services to our buildings which are depreciating annually and secondly to permit us to maintain our parks in the Parks Department which primarily right now have lost approximately 60 some CETA positions. I think it would be detrimental to our parks if we do not get these welders. Also, if you recall, of those 60 people, Mr. Mayor, most of them were laborers that dealt with maintaining our parks in terms of cuttings. If we constantly cut more people from the Parks Department then we're going to be jeopardizing our ability to maintain those parks in some kind of reason- able standard. Mr. Plummer: Mr. Mayor, since the Manager has taken the opportunity to lobby the Commission, I would only like to say I strongly suggest, even though it's not gospel that he start reading the morning tabloid as I did this morning, and I think we're looking at some 350 bus drivers that are going to be laid off, it is going to be a curtailing of service, I see some $43,000,000 that is going to be cut from the Metropolitan Dade County Budget and those cuts are going to hurt, they are going to hurt in here if I am successful in holding the line on the taxes of this City. They are going to hurt but let me tell you something. How F Many welders do you hate ptejehtly, classified weldere in the City of Miami? Mr. Gary: Two, Mr. Plummer: You have two, and where are they? Mr. Gary: Building and vehicle Maintenance. Mr. Plummer: Okay. You cannot tell me - by the way, one of the things that I'm going to do is to move that the Parks no longer have their own maintenance division. We've got a Maintenance, let's move it over and unify it and operate as one. That's just one of the things that I'm going to be coming up with. But let me tell you something. Yes, some people are going to have some hurts around this City come budget time and I haven't yet seen the attitude that says that this Commission is going to hold the line on taxes and I'm telling you that this is one that is going to do it and it is going to hurt and we're going to have friends that are going to be mad and we're going to have citizens who have enjoyed some luxuries before they're not going to be able to have now. You'd better start somewhere. Mayor Ferre: All right, further statements on that particular issue, a welder for the Parks Department? Are you withdrawing your second? Mr. Lacasa: Yes, I'm withdrawing my second. Mayor Ferre: All right, is there a second for the motion? There is now no second on the welder for the Parks Department. Hearing none, is there a motion for approval? Mr. Carollo: Mr. Mayor, I would like to see if we could, leave this item for later on today. Mayor Ferre: Okay, there is a request that Item E be deferred to later on. Is there any objection? Mr. Plummer: The total item? r Ferre: The total item. Is there any objection to that? 3. DISCUSSION ITEM: RENAt9ING OF FERN ISLE PARK. Mayor Ferre: Item "G" is now before us. This is a recommendation by the Miami Memorial Committee that Fern Isle Park not be renamed Nelson L. Adams. Mrs. Burton, Chairperson of the Memorial Committee requests that this decis- ion be passed onto the City of Miami Commission. Now, as you know, Mr. Adams is a retired principal of the Dunbar Elementary School and is a recog- nized educator and civic leader in this community. There was a request made that Fern Isle be renamed. The Memorial Committee's decision, according to Mrs. Burton was no reflection on Mr. Adams' contribution but recommended that perhaps a more appropriate gesture would be to rename a school in honor of Mr. Adams' outstanding achievements. Now this request came to us from Juana Trigo, Chairperson of the Parks Committee and Anna Grace Sweeney, Chairperson of the Faculty Club from Dunbar Elementary School. The only problem that I have personally is that it is on Mr. Nelson L. Adams' stat- ionary and I would have hoped that they would have done that without using his stationary to ask that the island be renamed after Mr. Adams. He is certainly a person who should have our consideration but I think it is unfortunate that he is very close to the matter. But I will, of course, abide by whatever this Commission wishes to do on this issue. All right, and hearing no comments I would assume that the Commission accepts the recommendation of the committee and that the matter lays at rest. 0 05 SEP 1 0 1981 4. DISCUSSION OF ADMINISTRATION OF PARK WEST (5-day rule invoked) Mayor Ferre: The Administration of Park West, I think that should be a fairly simple item, shouldn't it, since you worked out a compromise? Is Mr. Roy Kenzie here? Mr. Kenzie, would you step forward, please? Is Jim Reid here? All right, Mr. Manager, the question before you is this: We have read the, at least I have seen and we have before us a memorandum of agreement in Park West develop- ment which evidently is signed by both you and Roy Kenzie. Mr. Gary: Yes, sir. Mayor Ferre: I assume this lays that matter to rest. Mr. Gary: Yes, sir. Mayor Ferre: Now, there are members of the public who wish to be heard on this issue and Mr. Alonso, I'll recognize you. Mr. Tony Alonso: My name is Tony Alonso and I'm a property owner of the Park West aLea. For the record, I'll state also that I have a business down- town and I'm also a member of the Downtown Development Authority Board. Some of us are here from the Park West Association which are the property owners of the Park West Association and after meeting last night we decided to oppose the compromise between the DDA and the administration as far as the administration of the Park West Project. We feel that the rights of the property owners of that area are best served by having a separate agency under the authority of the Commission directly to supervise and administer the project. We are firm on this decision and at this point I would like to introduce Mr. Ogden who is official spokesman for the group. Mr. Bill Ogden: My name is Bill Ogden, 820 Biscayne Boulevard. All I'd like to do is bring to the attention of the Commission that this is a project of enormous magnitude and it is vital to the future of Miami. We feel that if -! the management or administration of this real estate project is locked within the administrative layers of City government that it will be a very difficult process to achieve success. Therefore, I'd like to open it to the Commission that we consider establishing a separate agency that will still take its authority from the City Commission. We've done a survey of a number of cit- ies around the country that have successfully developed projects, redeveloped projects and we can only indicate that the success of these projects is indi- cated by the autonomy of these agencies. Mayor, would you have any response to that? Mayor Ferre: Mr. Ogden, let me ask you this question: As you know, we are very strapped for money, I guess that is an understatement. How would you propose that this new authority be financed since we don't have any funds within the City coffers and since there is no taxing ability on the part of this new a»thority if you will. In other words to create a new authority we have to either do it by amending the Charter or we do it by an ordinance. The question then is the funding. Now, the Downtown Development Authority, as you know, has a budget in excess of a million dollars so that they do have a viable structure. The City of Miami Planning Department has a budget of over a million dollars so they have people. Now, you cannot do a compli- cated project such as Park West without the money. Where would you propose that the City get the money? Mr. Ogden: Well, as we understand it, the funds have already been set aside for the hiring of a project manager. Mayor Ferre: A project manager. Mr. Ogden: That is correct, the question at this point in time is who that gentleman will report to or woman report to. So what we propose is that the DDA has already established a functioning and it has facilities available to initially house this individual. The total economic premise of Park West is based upon tax increment financing and as soon as those funds are known to be available they can be assigned or pledged for the financing of this agency. f� VV ..LtJ,,Vi�•VI Mayor Ferre: Well, the Manager has recommended that he be the Chief adminie- trstive individual in this whole process and he and the head of the DDA worked out an agreement as to how they work inter -departmentally. You are recommending that we create a new entity and have it report directly to the Commission. Mr. Ogden: That's correct. Mayor Ferre: Now that is under our Charter illegal unless amend the Charter. Now, the Downtown Development Authority was passed by the Legislature of the State of Florida and it has subsequently been moved because of Home Rule Charter, we now have authority over it but it was done 14 or 15 year ago. Now for us to create another semi autonomous authority which is what you are talking about, we would have to either amend the Charter or somehow put it to an electral vote. I think that is a complicated procedure. Now, have you thought this thing through? Is that what you want us to do? Is that what you're recommending? That we put this to a ballot and amend the Charter? Mr. Ogden: We recommend that it be so put before a vote. Again.... Mayor Ferre: To the people of Miami. Mr. Ogden: To the people of Miami, that is correct. Mayor Ferre: Are you recommending also a taxing ability with that new author- ity? Mr. Ogden: That would not be necessary under the provisions of tax increment financing, that through a bonding authority could be established separately. Mayor Ferre: You're just recommending that we amend the Charter so that there is an authority that reports directly to the City of Miami Commission and by-passing both the Downtown Development Authority and the City Manager, is that correct? Mr. Ogden: That is correct. Mayor Ferre: Well, you have the issue before you now. Let me ask you a ques- tion. Mr. Manager, I note in the back up material that you sent us that the magnitude of this project is in the neighborhood of $300,000,000. We know that the tax increment, the tax abatement will, of course, be most beneficial in this particular situation but I have to ask you other than that and the bonding, what is this City going to have to expend in funds for the Park West to see it through the $300,000,000? Mr. Gary: Well, first of all, it is difficult to come up with a firm figure. Mr. Plummer: I understand. ' Mr. Gary: Because as we proceed through the process we may find out that we need technical assistance that was not envisioned when we began this project but I would envision that the City would have to expend approximately a half a million dollars minimum a year through the life of this project. This would primarily be stafZ a.evoted to the development of Park West and that would include the staff for the City of Miami's staff and DDA and possibly some contractual arrangements with Dade County. Mr. Plummer: Would this be refundable from the bonds? Mr. Gary: I would envision that the way we structure the bonds that we would recapture these funds for administrative costs for the development of the project from the bonds, yes, sir. Mr. Plummer: Thank you. Mayor Ferre: All right, any other questions? What is the position of the City Commission on this issue? Mr. Plummer: Well, Mr. Mayor, everybody wants to go to Heaven but nobody wants to die. I will tell you that as far as I'm concerned the best direct control that this Commission can retain is to have the City Manager as the project manager. There is no question in my mind about that and as such, if a motion is in order I would move that the City Manager be designated as the head of the Park West Development. Mayor Fe=re: well, I'll tell you, the only way I could vote with that is if you extend it to the Manager's memorandum which basically outlines now that would function. Mr. Plummer: I don't have a copy of it. I do now...... Well, that is what was given to me this morning, I haven't read a thing of that. Mr. Alonso: Mr. Mayor, is a question in order at this point? Mayor Ferre: Yes, sir. Mr. Alonso: Commissioner Plummer has stated that he thinks it is under the umbrella of the City Administration that this project can best be administered. With all due respect to the administration and other funct- ions that this City has to perform throughout this, the biggest city in Dade County, why hasn't consideration been given to the Downtown Develop- ment Authority which has a smaller scope, a smaller area to control? I'm biased, I'm a member of the Development Authority Board and I've been work- ing with the Development Authority for a long time so I'm telling you where I'm coming from, but I have seen the work of the Authority, I've seen the track record of the Authority, I've seen the powers that the Downtown Development Authority has and I would like to state for the record that in my personal opinion, and it is the opinion of a lot of the property owners of the Park West Association, is that the Downtown Development Author- ity is an agency that has already the powers who can administer, who can give better attention and can have better contact with the property owners of the area. I don't see where the City of Miami administration would have better control, better access to it where a separate agency can think Park West every day, every morning and if that is not acceptable it would be acceptable to me personally and I believe to some of the, I know for a fact we took a vote as a second choice to have the Downtown Development Authority because of the smaller area and the attention that can be given to the property owners. We are one group that has to be considered, I mean I know for a fact that the City Administration and the Downtown Develop- ment Authority and all kinds of agencies have been trying to get this project but we are the property owners there, we are the ones who spent money over there, some of us have been in business there for many years. I have only been there for about 8 or 9 years but I know the Chromers have been there for 30 years and we have spent thousands of dollars in improvement and protection to clean up the area. We want those rights protected too, we want to have access and good direct communications with whatever agency of the government is going to administer this project. I feel that the Down- town Development Authority, it's there, there's no extra money there and if it is a choice between the City administration and an existing agency, the Downtown Development Authority, I think the track record of the author- ity is sufficient to stand on its own and I would very much support and I know that is the position of the Park West Association and Mr. Ogden and corroborate that. Thank you. Mayor Ferre: All right, I will now give Mr. Roy Kenzie an opportunity to be a hero. Mr. Plummer: Well, Mr. Mayor, I have made a motion, I have not heard a second. Mayor Ferre: Do you want me to call for a second at this point? Mr. Plummer: That would be in order, I believe. Mayor Ferre: You want that do you? Okay. Mr. Plummer's motion was that Mr. Howard Gary be designated head of Park West, is that correct? Mr. Plummer: Correct, sir. Mayor Ferre: I want, I'll ask for the second first. Rev. Gibson: I'm curious, ..... Mayor Ferre: Father, I don't think Plummer wants any discussion, he wants to know if there is a second. Rev. Gibson: Mr. Mayor, I'm too intelligent to second a motion that I don't know where I'm going or what I'm doing. Mayor Ferre: I think you're entitled to ask a question. , E P 1 0 1981 08 0 Mr. Plummer: And I agree. Rev. Gibson: That's just what I'm saying. I don't understand, I just got, the one I have says, contrary to anything that's in this. Explain. Mr. Gary: Commissioner Gibson, the documents that you have before you in your package before that document addresses the differences of opinions that existed between the City Administration and the Downtown Development Authority with regard to administration. Rev. Gibson: I understand that, tell me why you changed. Mr. Gary: Since that time, Mr. Kenzie and I have had numerous discussions trying to come up with a compromise where the both of us could work to- gether for the betterment of Park West and it is my opinion that the agree- ment that you have before you would accomplish that by permitting the Down- town Development Authority to be integrally involved in the development of the Park West project as well as the Park West Association as well as Dade County. We had a meeting on Wednesday where we met with the Park West Policy Committee to discuss just what you have before you and there was an opinion at that time even though they did not take a vote that what was proposed here would insure that all of the parties that would be affected by Park West would have input into this process and what it actually says is not that much different in terms of Commissioner Plummer's motion but what it does, it adds additional caviats to it that will permit the partici- pation or an understanding of what participation the Downtown Development Authority will have in this process. In essence, it assures them that they will not be excluded from participating in this project and I concur with the agreement....... Rev. Gibson: Mr. Gary, the only thing I said is if you wish me to Tango you'd better ask me. That is not what happened, I just got this. Mr. Gary: And I apologize for that but that occurred, Commissioner Gibson, after we had sent the agenda out, the compromise took place after the agenda was printed. Rev. Gibson: I got it this morning, I got it right up here. Mr. Plummer: Mr. Mayor, I invoke the rule. Mayor Ferre: All right, sir, the rule being? Mr. Plummer: That this be put over to the next meeting, we did not have 5 days prior notice as to what is actually before us. Mayor Ferre: Well, I would like to ask a clarification from the Law Depart- ment because I don't want to argue with you about this but the fact is that this was an agenda item, it was scheduled, you did have a memorandum, this is a correction of that memorandum.... Mr. Plummer: No, sir, it is a 1800 correction, it is an entirely different subject matter. Rev. Gibson: That's right. Mayor Ferre: J. L., look, I think you're entitled and I'm not going to press the subject and as far as I'm concerned that's the way it is. Okay? The issue is now deferred until the 24th of..... Is that going to create harm to your project? You can wait until the 24th. Mr. Gary: Sure, but the 24th is a Zoning Meeting. Mayor Ferre: All right, but we'll make this into a special exceptional item because it is related in a way to the whole process of downtown. Is that all right with you, J. L.? Mr. Plummer: Yes, fine. But to maybe save some time, Mr. Gary, I would like to know since this area is encompassed in the DDA boundaries what portion, what financial backing is DDA going to give and set aside for this particular area. This is a sizezble chunk of their boundaries and it is, would be understood by me, that the DDA, a certain percentage of whatever that percentage of that total DDA area is would be set aside for just Park West. Do you understand what I'm saying, Mr. Gary? a9 J% t 5. DISCUSSION OF CABLE TELEVISION SYSTEM FOR THE CITY gee label 12 same meeting for conclusion Mayor Ferre: I think now we're ready to take up the cable matter. Mr. Clark Merrill. would you come up and answer my question and Father Gibsons question. I understand that there are 4 companies that are present here, and I want you to identify who they are, on the record. Mr. Clark Merrill: All right. Cable Systems -Miami. Of course, Americable is present. Mr. Hermanoski is here and... Father Gibson: Turn on the mike. Turn on the mike. Pull it up to you. Mr. Merrill: Is that better. Okay. Americable is represented by Mr. Myers and Mr. Hermanoski. Cable Systems Miami is represented by Mr. Gallahger and Mr. Matt Liebowitz, their attorney. Mr. Lev'n is out of town. Paul Alden is here from TCI, Dan Paul has been contacted. is being contacted and a secretary is enroute to his office. Murray Meyerson is... Mr. Carollo: Excuse me, Mr. Merrill. Who is Dan Paul representing? Mr. Merrill: TCI. I beg Your pardon. I was Riven that impression that he was. Mr. Carollo: So he's representing the Miami Herald aeain. Mr. Merrill: I don't know. Mr. Plummer: NO. no. no. Well. I think that's a serious point. Why was he contacted... Mr. Carollo: That's correct. Mr. Plummer: ...if he was not a member of one of the organizations. Mr. Merrill: I was presented to me some time ago that he was, by him, that he was representing TCI. Mayor Ferre: He was. as you will well remember. because You saw him here in that microphone representing TCI. Mr. Carollo: Mr, Alden... Mayor Ferre: Now, the fact that he is not representine TCI at ::his point is somethine that Mr. Alden can clarifv. But I don't think we ought to castigate Clark Merrill for having called the attorney of record for TCI. Mr. Carollo: Maurice, I think Mr. Merrill can see as well as all of us can, and he had to have segn Mr. Alden sitting there for the last hour. So... Mr. Merrill: I iust said that he was here. Mr. Carollo: ...if he needed to call additional people from that company, I Mayor Ferre: That's a good valid point. i Mr. Carollo: ...I think that he should have spoken to Mr. Alden so he could have made that decision. Mr. Merrill: I was asked to call... �� SEP 01981 Mr. Catollo: Mr. Alden, if I may, sir, can you step to the mike for a aecona? I would like to get the air clear on this. is Mr. Paul tppteAenting your company n&.0 Mr. Alden: No, sir, he is not, Commissioner. Mr. Carollo: And when did he stop representing your company, sir? Mr. Alden: As of the last appearance before this Commission. Mr. Carollo: In other words, since July the 14th he stopped representing your company? Mr. Alden: That's absolutely correct. Mr. Carollo: Thank you, sir. Mr. Alden: Mr. Burton Landy is with me tonight. Mayor Ferre: Is the counsel'for TCI? Mr. Alden: Yes, Mayor, he is. Mayor Ferre: I see. Thank you. All right. Father Gibson: Very interesting. Mr. Merrill: Mr. Murray Sutton was contacted personally. He's in his office. He will not be here but he has... Father Gibson: What's that? Mr. Merrill: Murray Myerson is the attorney for Six -Star Nielson and he has contacted Mr. Jack Sutton who was the local contact and the director for Six -Star Nielson. I tried to call him and I left a message. I was not able to personally contact him. Vision Cable, we called Barry Kuten's office. He was on his way, and I understand he's here now. Mayor Ferre: He's right here. All right. I understand, therefore, that everybody but Six -Star Nielson is here and the chair rules that we ought to now take up this issue at this time. Is there any problem now? Mr. Gary: No, sir. Mayor Ferre: All right, we're now on item number "C". Mr. Lacasa, the chair recognizes you. Mr. Lacasa: Mr. Mayor, I called this item to discuss the implementation of the provisions of the City Charter as interpreted by our City Attorney's ' Office in a memorandum that was distributed among the members of the Commission, and in response to a question posed by me. This memorandum dated August 5, 1981 says,"this is in response to your inquiry of August 4, 1981, which raise the following questions: Whether the City of Miami may issue more than one cable television license pursuant to the City of Miami Cable Television Regulation Ordinance. The question is answered in the affirmative. Section 10.5-31 which describes the f £` nature of the license provides in part the right to use and occupy said streets for the purpose herein provided shall not be exclusive, and the City expressly reserves the right to grant the similar use of said streets, etc. etc." Based on the above language, the City of Miami may grant more than one license for the right and privilege to erect, construct, ect. and operate and maintain a cable television system in the City of Miami. This opinion by our City Attorney was also confirmed by y the law office of Arnold and Porter which has been retained by the s' City of Miami to advise the City Manager in the negotiations and contracting of the cable television system. In a letter dated September the 8th, 1981 addressed to George Knox, our City Attorney, Mr. Ryerson on behalf of Arnold and Porter says, "Dear Mr. Knox, in accordance with our telephone conversation today, this letter will conform our opinion that Mr. Lacasa (continued): no provision in the proposed ordinance granting a non-exclusive license to Americable of Greater Miami to construct and operate a cable television system which is to be considered by the City Commission on September 10, 1981, would legally prevent the City from determining to license additional cable television systems within the City of Miami. On the contrary, Section 201(a) of the proposed ordinance provides the privilege to use and occupy the City streets for the purpose herein provided shall not be exclusive, and the City expressly reserved the right to grant additional licenses for the use of said streets, alleys, public ways and public places to any other person or corporation at any time during the period of this license." In the process of finding applicants to apply and in the process of determining to whom shall this license be granted, the City Commission retained a consultant, Mr. Pilnick, who identified 5 of the applicants as eligible to be licensed by the City to operate and to implement the cable television system. Therefore, I feel that the citizens of Miami should be given the opportunity that is afforded to them by our Charter, as interpreted by our City Attorney's office, and also by our law office retained for this particular purpose. And it is in view of this, that I would like to ask from any of the applicants that have been found eligible by the consultant at this time if they have any interest in negotiating with the City in order to also secure a license to implement and operate a cable television system in the City of Miami. Mayor Ferre: All right, there is a request by a member of the Commission from the various firms. And I have no objections to calling them up, on the record. You can do it voluntarily, or I'll call you up individually. Anybody want to... Mr. Carollo: You don't want to go over each other, gentlemen, trying to get up here. Mayor Ferre: All right. Mr. Kuten, you represent who, sir? Mr. Barry Kuten: Mr. Mayor, I'm Barry Kuten and I represent Vision Cable of Miami. My address is 3550 Biscayne Boulevard, Miami, Florida. To respond to that question, if you wouldn't mind, I have the Chairman of the Board of our company here, and I think coming directly from him, I think it would be appropriate. Mr. Sid Knafel. Mr. Sid Knafel: Mr. Mayor, members of the Commission, Vision Cable would be quite interested in having discussions with the City for a joint license to present our service to the City. Mayor Ferre: Mr. Knafel, let me make sure I understand what you're saying. Are you saying that you would like to have a joint license, and that means you and another firm, or are you talking about all 5 of the —since Mr. Pilnick said that all 5 were qualified, are you talking about a free for all type of a situation? Is that acceptable to you? Mr. Knafel: That's a second question. I thought I was addressing Mr. Lacasa's first proposal which was... Mayor Ferre: I know. But see, it wasn't explicit enough and I want to make sure, on the record, that we understand each other. Mr. Lacasd: Okay. Let's see if we understand each other. The Charter provisions of the Charter of the City of Miami provides that licensing is non-exclusive. The proposed ordinance by the City Manager in granting the license to Americable reserved the right for the City of Miami to grant additional licenses to qualified individuals or corporations. Being a non-exclusive license, any one who is qualified. As it is the company that you represent, and the other 3 companies besides Americable could apply for a license to implement and operate a cable television system. The technical aspects, the financial impact that is for you people to decide. All I can do at this particular time is request from those applicants that were also eligible according to the consultant to express their interest in negotiating with the City Manager at this point. If there is one or more, what I would do is to move that the City Commission instruct the City Manager to start negotiating with those additional applicants. And if in the process of negotiating with the City 4 r2 CIN Mr. Lacasa (continued): Manager you come to an agreement, I will then move, at that time, that the City Commission also grant the license to whomever came to this successful negotiations with the City Manager. Mr. Knafel: Mr. Lacasa, I would say that... Mayor Ferre: Excuse me, excuse me. I was going to reserve my comments and statement to another moment, but I think that perhaps before you answer I have to put on the record my disagreement with this premise, and I want to explain why there is a disagreement with the general premise, even though their might be another approach to it that would be acceptable to me. And I'm just speaking for myself. But I want to explain what the difference is. A free for all operation, in other words, all 5 companies can come in and whoever puts up the cable, gets the cable is an illusion. It has not been properly thought out, with all due respects to my colleague, Armando Lacasa, whom I respect. Let me explain to you why it has not been thought out. Cable television is put up on telephone poles and electric poles. We do not own the electric poles, or the telephone poles. They are owned by the utility. After the City of Miami grants a license to an individual company to put up a cable television system, they must then go and negotiate with the respective utility to utilize that, those poles and their equipment, and their things that belong to them. Now, to open it up and to say that 5 companies can go out and deal with the respective utilities means that we are now transferring, if you will, the right of decision making to the utility, and we are, therefore, abrogating a fiduciary responsibility which this City Commission has in the selection process of deciding as to who is going to be the recipient of the license. It is, therefore, against the best interest of the people of Miami to go to that type of an open, no -end licensing operation because it does not, it does not fulfill in the long run the practical aspects of rendering to the people of Miami the best possible service by the best possible company. And I think that if we were to do an open type license, it would be a subterfuge, in my opinion of the fiscal and fiduciary responsibility of this Commission to make a decision. Now, if it is the will of the Commission to go to multiple licensing, then I think we have to have the courage and stamina to then select the other company, or companies that would be going to multiple licensing. I do not think that we can at this point open this up because 5 companies, this is just'too small a city to divide amongst 5 companies, number one, and number two, we would be passing the decision making to the utilities rather than to this Commission. And for those two basic reasons, I do not feel that this is an appropriate procedure, as such. Now, that is my personal opinion. Mr. Lacasa: Mr. Mayor, I feel that your interpretation is quite frankly, putting the cart before the horse because what I an proposing at this time is not to grant licenses to these companies, but to instruct the City Manager to start negotiations with those other 4 companies. Since the provisions of the City Charter and the interpretations of both the City Attorney and our legal advisor on cable t.v. both coincides that the City Charter is very clear, and that these licenses are non-exclusive, I see no other way than to afford the opportunity to the qualified applicants to negotiate with the City Manager in order to make the final determination when these negotiations are concluded with the City Manager to determine to whom the City Commission should grant additional licenses. But at this particular point, without previous negotiations with the City Manager, I see no way that we can intelligently come to that conclusion because we do not have all of those facts. So since all of those companies were determined eligible in principle by our consultant, and the only way that we can come to have at our disposal the necessary facts as we will have today on this proposed ordinance from Americable to determine whether or not these companies could successfully negotiate with the City, and that could not be done until they sit down with the City Manager, I cannot see how you can exclude any one of those at this particular point. Mayor Ferre: Well, I would like to ask my colleague in the matter of cart before horse, whether, why he'feels that at this juncture of this particular matter that we should now change the rules when in the beginning SEP 1 01QBi Mayor Ferre (continued): this potential problem was evident, and there was, when we passed the original ordinance, not a peep from any member of the Commission with regards to this process. In other words, the question has to be why is it imperative to do this now when it was not imperative to do this at the beginning of the process. Why didn't we...I'm sure that we all did our homework. I'm sure we read all of the information that was available to us, and so the question must be asked why the change now? Mr. Lacasa: Mr. Mayor, the only answer that I can give to you at this particular point is going to be a very candid answer. Sir, obviously our collective homework was not effective enough because the end result has been that we ended up with a proposed ordinance which implements and abides by the Charter when it says that it's not going to be an exclusive license. And therefore, in drder to comply with the Charter provisions, we will have to entertain the multiplicity of the license. Mayor Ferre: This Commission always... Father Gibson: But... Mayor Ferre: Excuse me, Father. My last statement. This Commission always has the right, according to the Charter, to issue additional licenses. Now, the only question is why at this particular juncture should we now change the previously set rules of the game? Mr. Lacasa: Then that takes me to the second position, Mr. Mayor, and then I will have to tell you also, very candidly, that as you well know, I was in the minority, along with you,sir, when the vote was taken on the question of which applicant should be granted the license. I have my reservations as to whether or not the company that resulted favoring with the vote of the City Commission is the one that is the most beneficial for the City of Miami. Therefore, what I am doing is using the provisions of our Charter in order to give the citizens of Miami a second chance. Mayor Ferre: That of course, is post facto law. In other words, you as a lawyer know, and I'm certainly not a lawyer, but you as a lawyer know that according, going back as far as Roman law, that you do not pass laws after the fact. Mr. Lacasa: Mr. Mayor, the law was passed well before you and I sat in this City Commission, and that was when the City Charter was approved. The City Charter has been interpreted in this fashion by both our City Attorney's Office and our legal advisor for cable t.v., and therefore, all I do is to subject myself to the provisions of the City Charter as interpreted by those legal boys. Father Gibson: Mr. Mayor. Mayor Ferre: Father Gibson. Father Gibson: You know, this is not a criticism, but I'm very disturbed that we would take the publics time to try to debate and discuss this kind of a procedure. Mr. Lacasa, I went to law school one day, I told you all this before. Not as long as you. I'm not a lawyer. But listen to this. That law was passed so that if the people you give this right to, or privilege to, if these people do not perform satsifactorily, you could come up with somebody else. That's what the way the law is. And I think as a lawyer it is very inappropriate and misleading. I say, I am sick and tired that we try to do indirectly what we can't do directly. That we want to go through the back door when we can't go through the front door. If your company had got the vote that awarded them the contract, there would be no discussion about a second or third, or fourth, or fifth company. Now, I think that we ought to get on with the business. Stop fooling this public. Now, I'm a sick man. I came here because I love this community. I'm a native. And I'm sick and tired of seeing the best interest of this community voted away. Now, I say that if you don't perform that's another story. Let me say something. The one advantage one disadvantage of having old people around is they remember the right thing at the wrong time. We used to have two or three light companies in this City. How many of you were around here when we had? Okay. We 15 'L 8f C. Father Gibson (continued): got rid of them. We use to have two or three water companies in this City. How many of you were around here when we had that? Okay. What did we do? We discovered that chaos reigned, and all we did was say, okay, we will go to one company, make sure that company produces satisfactorily for the public or. Now, I would hope, as I said in the prayer this morning, and as I always say, that we will make decisions on this Commission that in the best interest of the people. Now, I want to put this in the record, and I hope the newspaper will write it. I got the least amount of lobbying from the people I voted for. And I hope God that I don't have to get under oath and tell how much lobbying I got from the others. Okay. Now, I want to make sure everybody understands that. And to right your article Mr. Newspaper about me this morning, about who are my friends. They are my friends. I am a clergyman. And the thing that we learn in the ministry is you'd better get you some friends, otherwise, you will die alone. And you're going to die anyway and you're going to get in the casket by yourself, but at least as you suffer your pains and anguish on your bed, you have an opportunity where people will come and say I understand, God bless you ,may heaven smile upon you. I believe, I believe sincerely this is trying to get in the back door when you couldn't get in the front door. We need to stand our ground. I want to put this in the record. The leadership today stands where the followship must stand tomorrow. Let time prove us wrong. Let time prove us wrong. To talk about 5 companies, it didn't mean that we have to give 5 companies a license. Didn't have to give two. I'm opposed to two. I said I want one that I could keep my eyes on that one. And go forth rightly and do the business of this City. I just couldn't help but say that because I'm very very provoked that we would use up all of this time with all of my pains to go through this kind of business. Mayor Ferre: Father, so that we're all entitled to our opinions, I just want to say on the record so that my statements were not misunderstood, I have some very serious questions as to whether or not Americable can produce and perform. And I, that is something that needs to be clarified to me, today, this morning. Now, in addition to that, I also have a problem as to whether or not it is legal for us to accept this new negotiated contract. And I want the City Attorney to clarify that matter on the record for me. Now, depending how those questions are answered, then I will be making my decision as to how I'm going to vote on this matter. Now, I want to say that if I do not feel satisfied that Mr. Hermanowski and his associates can adequately perform, then I do not object to the approach of this on a multiple license basis provided that it is very clearly specified and not an open end matter. Now, that's my position this morning, and I don't want to mince words about it. I'm happy to put it up front, and I want to say it on the record, out first so that it's not a part of any other procedure or people's statements as we move along. Now, Mr. Lacasa had requested the four companies that were present to make a statement into the record, and I, unless somebody else wants to make a statement at this time, let's get that over with. Mr. Carollo then wants to be recognized specifically on a series of questions, and then we can get on with the question of Americable. Father Gibson: Mr. Mayor. Mayor Ferre: Yes, sir. Father Gibson: Let me make sure you understand. I was not speaking to what you're talking about. Mayor Ferre: I understand. Father Gibson: Ilm speaking to the issue of two licenses or more than two at this moment in time. Mayor Ferre: Yes, sir. r Father Gibson: I am a firm believer that every man ought to express himself. You know that. Mayor Ferre: Yes, sir. Father Gibson: Everybody else up here knows it. But I think it is whistling in the dark. It's whistling in the dark to raise this question at this late hour. Man, if I lose, I lose gracefully, and I go and tell my God, next time, God, help me to be successful. Mayor Ferre: All right. Mr. Lacasa: Mr. Mayor... Mr. Carollo: Does anybody know, Mr. Mayor, does anybody know, I've been wondering about this for a few days, how many cable companies Panama has? ' I've just been wondering that for the last few days, see if they've divided the country there now. Mayor Ferre: All right. Can we now proceed, oh yes, sir. Mr. Knox: Mr. Mayor, before the company representatives respond, it may Ne helpful to them to indicate to them and to the Commission what the nature of the transaction with the cable company is. This is in the form of an ordinance, which if the City Commission adopts, becomes a law of the City. And therefore, the terms conditions and provisions would be binding upon any licensee in the future, unless the City Commission changed that ordinance. Such that those standards that would be in place at that time are minimum standards that the companies would be expected to adhere to. And therefore, there is no negotiation per se that would appropriate under those circumstances. Mr. Plummer: May I ask a question? Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Gary, during your negotiations, was it made absolutely clear, and in writing with Americable, the company you were negotiating with, that if granted, that their license was not exclusive? Mr. Gary: Yes, sir. Mr. Plummer: Thank you. Mayor Ferre: All right. Before we go any futher, I'd like to announce that obviously this is going to be a very long debated issued, and there may be a lot of people here on other items. I would say, Mr. Manager, I need your help on this, that all the items from 10:00 A.M. on will not come up until this afternoon. Do you this that's an accurate statement? Mi. Plummer: Until after lunch. Mr. Gary: Yes, sir. Mayor Ferre: All right. So ladies and gentlemen, those of you that are here on any items from 1 forward, in other words, you will take up "A" through "J". We will not take up any items from 1 forward until after 2:30. Now, any of you that are here on any items from 1 forward, you don't need to stay here. We will not take them up until this afternoon. All right, we are now back to you, sir. And you were asked a specific question, and let me remind you where we are. I interrupted and asked that the question be expanded to a two -fold question. And let me repeat it so that all of you who will be answering will understand. Mr. Lacasa has proposed an open multiple license process. I asked the specific question and would like for you, after you answer his question, to answer my question which is, would you, how do you feel about a specific extension of the license procedure so that there would be more than one company, but that the Commission would do the selection process as to who the other licensee would be. 17 SEP i 01981 Mr. Knafel: All right. As I understand it, I have two questions before me, Mr. Lacasa's question is would I be willing to negotiate with the City Manager an ordinance which would be non-exclusive, and which might well be shared with one or another company to provide cable telelvision service in Miami. And in response to that, I would say Vision Cable would welcome the opportunity to sit down with the City Manager and to come to a good agreement for the benefit of Miami, to do just that. On your question, Mr. Mayor, which is would we be willing to provide service in an open arena. I would say that technically, and I think in terms of service, the City could be very well served by one or two companies providing service on the same poles, in the same areas. I think that yovir point that the problem of putting more than two cable plans on the same pole becomes burdensome is well taken. And I would tend to agree with you on just that point, that if you have in mind more than two companies in the same area of the City, then I think that that's something where the technology and the service should be questioned. Mayor Ferre: Well, be specific now. Would you be willing to be involved in a City where there are more than two. In other words, three or four companies on the same cable... I'm sorry, in the same area, competing for putting up cables. Mr. Knafel: Yes, I would be willing to participate in that situation. Mayor Ferre: Now, you realize that it is the policy of Florida Power and Light, which is subject to change, I'm sure, but it is at this point, the policy of Florida Power and Light that they will only accept one cable company on their pole. You realize that? Are you aware of that? Mr. Knafel: I was not aware of that, but I can see that they then are faced with the question that you posed. Mayor Ferre: Well, in other words then, if we were to have open licensing, Florida Power and Light would therefore be the deciding body as to who would get what part of Miami. Mr. Knafel: I understand that. Mr. Lacasa: Okay, Mr. Mayor, so we have one comapany, Vision Cable, has stated their interest. I'd like to know if there is anyone else. Mr. Paul Alden: Mr. Mayor, Commissioners, permit me, if I may, with all due respect to Mayor Ferre, to clarify one point concerning the... Mr.Ongie: Your name, on the record, please. Mr. Alden: I'm sorry. My name is Paul Alden. I'm with Telecommunications, Denver, Colorado. Let me clarify one point concerning the utilities, if I may. Let me talk•as far as Bell is concerned. Bell has a policy that they will attach as many applicants to a pole as applies. As a matter of fact, in Aberdeen, about two months ago, there was a decision by the courts that. laid not only was their policy such that they must indeed do so, further, there is now a Federal pole bill. Florida Power and Light probably, and I can't stand here and say for certain, but in all probability, they could not continue that policy of just allowing one company to attach to their poles. Pardon me? Mayor Ferre: For legal reasons? Mr. Alden: For legal reasons, yes. Mr. Alden: That would immediately go up to the Federal level, and would be struck down, I believe. Mayor Ferre: But that is their policy at this point, isn't it? Mr. Alden: We deal with Florida Power and Light, and to our knowledge we do not know that that is a policy. We have contracts with them in several cities in Florida. I would defer to your knowledge on the subject, but I would also believe that that's a policy they would not be Mr. Alden (continued): permitted to maintain in the future. To answer you question specifically, yes, Miami Telecommunications would also be interested in negotiating for the right to place cables within the City of Miami. Mayor Ferre: And is that extensive to if there are five companies that are accepted as being acceptable to Mr. Pilnick's previous statement, that is of no concern. i Mr. Alden: Yes, it is of a concern. However, as I said, we would be interested in negotiating with the City to see where it leads. Mayor Ferre: No, no, no. Mr. Alden: I think it's impractical to have five cable plants... ' Mayor Ferre: That's my whole point, Mr. Alden. Thank you very much. Mr. Alden: However, I don't really think that that's going to happen. I.think that there's a number of circumstances that have to be considered here, Mayor, and my answer is yes, we would be interested in negotiating with the City. We would be interested in multiple license. Mayor Ferre: Third. Mr. Tom Gallagher: Mr. Mayor, Tom Gallagher with Cable Systems -Miami. From everything I've seen, it is very tough to have five companies in one city, and probably not economically feasible for the City, or for the customers, or for the companies. However, Cable Systems would stand to be willing to negotiate with the City to work in coordination with whatever you all come up with. If it be five companies, we would negotiate it. I'm not sure that it would end up economically feasible, but we'd certainly like to look into it and take a shot at it, Mr. Mayor. Mayor Ferre: Okay, sir. Thank you. Is anybody here from Nielson? From Six -Star Neilson? Is there a representative? All right, sir, if you would step forward. Your name and address for the record. You have two questions before you. Mr. Jack Sutton: My name is Jack Sutton. I reside at 5055 Collins Avenue, Miami Beach. I apologize for my appearance, Mr. Mayor. I came off of a roof top. I'm totally unprepared for the questions, sir. I'm sure that Six -Star Neilson would most likely be willing to renegotiate for a multiple license. I can't say for sure, sir. Mayor Ferre: All right, thank you. Mr. Sutton: Thank you. Mayor Ferre: All right, Mr. Myers. Mr. Kenneth Myers: Kenneth Myers, attorney for Americable. Obviously, Mayor, members of the Commission, Americable has negotiated and relied upon the vote of the Commission and expended extensive emotional, physical and financial investment of time and energy and money, in preparing to... with the City in constructing this ordinance. And the ordinance is so constructed that it contemplates one entity operating within the City. Whether or not Americable would be willing to continue with more than one two, or three, obviously five would be unbelieveably out of the question, is up to the Commission and not up to us. We violently oppose it for obvious reasons. We were granted the award. We were granted ... we are going to be recommended, I trust, based upon what the City Manager and staff has advised us. We are going to be recommended for the license this morning. So to say whether we could live under that siutation is not for us to decide, we are violently opposed. That's for you to decide. May I bring out some things though that I think have not been said. I think you're mixing a lot of questions into one thing, Commissioner Lacasa, and the Commission has got to well understand what the real issue is. The issue is not exclusive versus non-exclusive franchise. Those are words only. That's window dressing and it is a shell game as far as the substantive Mr. Myers (continued): issue that's before you. 99% of the franchises for cable television in the country are non-exclusive franchises, Yet, the great majority of them are issued to one company initially, for financial and practical reasons all of which will be discussed here. Number two, the FCC obviously frowns upon exclusive f ranchies. The format is a non-exclusive franchise so that if you issue one, intially as Commissioner Gibson rightly said, you can change your mind if they don't perform, and issue it to someone else. Southern Bell was issued a non-exclusive franchise by you. Flordia Power and Light was issued a non-exclusive franchise by you. Does that mean you should give the license to two telephone companies in the City, or to three electric companies? It's ridiculous. Just because it says non-exclusive doesn't mean you,automatically can give to others. There are... the key question is not exclusive versus non-exclusive, but how you can financially and practically, for business operations, live with such a situation. Now, if you're going to commit to a $2,000,000 cash bond, a $3,000,000 performance bond, $600,000 a year to the City, $900,000 a year more to the City in up front payments on a license fee that on —on a franchise fee for which we will be collecting no revenues for three years, if you're going to make those kind of up front financial commitments, and a $45,000,000 construction commitment, how may I ask you, is any bank in their right minds going to give a financial commitment to a company that faces a range war? That faces the possibility that they're not going to be able to serve in an area because you're giving multiple licenses. You can't possibly consider the issuance of open end multiple licenses in this City that's going to create a range war and ask any bank in their right minds in the country to finance a cable television company who is going to go in and has to commit to $45,000,000 in construction money. That's absolutely ridiculous. If by any stretch of the imagination you would ever consider multiple licenses, which I certainly trust and hope you do not, then the only feasible way is two companies at the very most. And in specific geographic areas that you specifically designate, not open end range war. Now, I think that the Florida Power and Light people here, or the Southern Bell people here will tell you that any cable television line has to be, on the pole, has to be 12 inches away from the Bell line. Any cable line on the electric pole has to be 40 inches away from the power line. There are 3 cables. Every company has said they're going to put in 3 coaxial cables on those poles around town that are not 60 feet high. The new ones are 60 feet high. On the little poles, which is 90% of the poles around the City of Miami, there is no physical, practical way yqu can get more than one line, more than one additional cable line on those poles. There's no other way. Now you can't put two cable television lines on these poles with the Bell and Power restrictions with the short poles you have. There's no way you can do it. And ask them. And I think, Mayor, in addition to that, you're absolutely right that Bell and the electric company, I believe, I'm not sure of this, has a policy. Mayor Ferre: Kenny, let me correct the record. I've just been told by the Manager, Mr. Sanchez, who happens to be in the back here... Mr. Myers: That that is not the case? Mayor Ferre: ...that that is not the case. Florida Power and Light... and that Paul Alden was correct. For legal reasons would not be able to... Mr. Myers: For legal reasons they could not do that. Mayor Ferre: There may be a physical constraint problem but that's something that... Mr. Myers: Physically, with three cables, and each one is going to have three cables, not one up there, each cable company. And with the Bell and with the electric cables there, with the requirements of distances away, there's no physical way you're going to be able... forget the financial questibn. There's no way any bank in its right mind is going to commit. But physical way, there's no way you can put more than one cable company on one pole. Now, if you by any stretch of the imagination wanted to, although politically and business wise, and everything else, my obvious personal feeling representing this company 2U SEP 10198, Mr. Myers (continued): is vehemently against it. If you ever did want to grant multiple licenses, the only way you could practically do it for the financial survival of the companies and physically involved, is to do it in specific geographic areas. Range war is out of the question in order for a company to survive financially. Mr. Lacasa: Senator Myers, I think that you brought up a very interesting point which is one of the key points in this situation. First, I'm glad we have a clarification as to the technical factor concerning Florida Power and Light and Southern Bell. So that being out of the way, we have two basic situations here. One is the matter of whether or not it's legal. And I don't want to repeat myself again as to the Charter provision and its interpretation. The second question is the question raised by Senator Myers which is a very apprapo question and it's the question of finances. Yes, I do agree with you. It's very difficult to secure adequate financing from a bank from any financial institution to implement $45,000,000 or $50,000,000 capital investment project when there is no exclusivity. When in other words, there is no monopoly of the market like if the City Commission were to grant just one exclusive license. And this is one of the basic points I say because what we are facing is, with a company that's secured a license, and after having secured the rights and the exclusivity, goes out to request the financing versus other applicants that have their own resources and can implement them by themselves. The end result is that for the first company, the one that does not have the financing and has to secure the financing based on the exclusivity and the monopoly of the market, which is what makes attractive the financing of said enterprise, somebody will pay. And somebody will pay because that monopoly, like in the case of Florida Power and Light, to mention one, when we only have one and there is no market competition, and obviously, there is no competition because of the tremendous capital investment, and the lack of visibility from the economic standpoint of view that would result in having two Florida Power and Light companies in a territory. And I do realize that. But the end result is that the customer, himself, is the one that falls into the hands of the single provider of services versus the possiblity for the users of having an alternative in a free market competition. If multiple license were to be granted, the end result will be that those who have their own resources, and their own capabilities, will be the successful operators of this system. And those who only secure a license in order to afterwards secure, based on that monopoly, the financing would be at a disadvantage, basically, because they won't get the financing. My concern here at this particular point, Senator Myers, is not whether Americable, or Cable Systems, or TCI or any other one of them secures the license. This has been a highly controversial matter in this community. Highly controversial matter that has torn apart this community, and that has shed a tremendous problem of credibility over this City Commission. What I have done, sir, is to search into the legal bodies that rule the City of Miami for alternatives that will give there citizens an opportunity. What you have before you this morning is that opportunity. The opportunity of allowing the other companies to negotiate with the City Manager and to come with what might be even better possibilities for the City resident.. It's now up to the City Commission to decide whether or not they want to give this additional opportunity to our citizens or if we are just to stick to the first position. My position is very simple. I respect the majority here. I have said my part. I am going to make a motion when the Mayor recognizes me for that particular purpose, that the City Manager be instructed to negotiate with the other applicants. It will be then up to the City Commission to decide if such instructions are going to be given to the City Manager. And as far as I am concerned, that will end the matter. But, believe me, that I would say that for the good of this community, we should go that last step in this procedure because much more than cable t.v. by itself is involved. I believe that the credibility of the City government is also at stake here. Mr. Myers: Commissioner Lacasa, may I... Mr. Plummer: Mr. Mayor... �' nr �1 Mr. Myers: Mr. Mayor, may I make one quick response? Mayor Ferre: Wait, excuse me. A Commissioner has the right... Mr. Plummer: My question is different, if he wants to answer Mr. Lacasa. Mr. Myers: Mr. Commissioner, I never once questioned your motivations and your good faith efforts here. I respect and admire your attempts to find some kind of solution to what you may feel is a difficult problem. I don't feel it's a difficult problem. But let me just comment on one thing that you said about money and the ability, the easiness or non -easiness of particular companies to get it. We've got our $45,000,000 commitment. Equity and debt capital. But that's not the issue of Americable versus the others. Every piece of capital of any company is risk capital whether it's debt or equity capital. That's business. And whenever that is committed to an area, the company must decide what are the factors out there that makes a determination as to whether we should feasibly make that commitment. Something else you should know in this whole arena, HBO is out there along with the other 24 movie, On- TV, HBO, Six -Star Nielson, one of the losing applicants is coming into Miami with movies bearqed, 30 channels beamed directly from a satellite and they're going to be selling that movie product. So there's a lot of other products competing with the cable t.v. entity that you give this award to. And there's going to be more and more competition in the field from other types of satellite available products out there. Now you create another competitive factor, a range war type of situation and you're going to create financial chaos. Mayor Ferre: All right. Further questions. Mr. Plummer? Mr. Plummer: Mr. Manager, let me have an understanding. With Americable, it is not exclusive, that if we grant today what is proposed? Mr. Gary: Yes,sir. Mr. Plummer: I'm losing something. Is there anywhere written into that ordinance that the other four companies who would not have received the award today have the exclusive on getting an additional license? Mr. Gary: No, no, sir. Mr. Plummer: So, what in effect we're saying is that if anyone wants to apply for a second license, in no way shape or form, is it just to those fpur companies? Mr. Gary: That's correct. Mr. Plummer: All right. I want that understood. Second of all. Mr. Mayor, I think our ordinance is not complete. We say in our ordinance, we say in our ordinance that this is not an exclusive. But yet, I think we failed, Mr. Mayor, when we did not set up any kind of criteria, minimum standards for a second license. As I know mcz` franchise, licensing, whatever you wish to call it, that I know of come under a category of a demonstration of public need and necessity. That's why they're regulated. That's why we sit on top in this particular case, as we do with the Power company,as we do with the phone company. It would see logical to me, that as a minimum part of the ordinance there must be a demonstration for a second license of nged and necessity. I have not heard that at this time. And Mr. City Attorney, the ordinance, as I read it, is mute, is silent. And I do feel if we are to keep this Commission from having multiple problems in the future, that I would expect you, sir, to come back with language to be added to the ordinance to clarify on what grounds a second license would be issued. Mr. Knox: Yes, sir. Father Gibson: Mr. Plummer, that was part of the reference I was making. That if you award a license now, there is nothing to say that if the need is shown and you set up the rule, that you can't get another license if the needs are not being met. And that's why I said that...I just ... vell, I'm... 22 Mr. Plummer: Well, Father, what I was, you know, and I'm not trying to say that this is the criteria that we should use, but for example, with taxicab licenses, as you know, they are very sought after. They represent a lot of dollars when a person receives one. The medallion. What I'm really saying, on taxicabs it is my understanding, that those licenses are issued on a population ratio. That is the showing of the need. The State of Florida regulates the liquor license. Based on the recent census, we are told that there will be some 750 additional liquor licenses because the need supposedly is based upon population. I have a lot of problems with that. I don't think we need any more. But that's the name of the game and that's how it is. The demonstration is met. And I think this Commission must have something in its ordinance to say to a second company, you must demonstrate the need and public necessity, which we don't presently have. Thank you. Mayor Ferre: All right, sir. Are there any further questions or statements from members of the Commission before I recognize Commissioner Lacasa for his motion? Mr. Plummer: Well Mr. Mayor, this is in fact, in two parts. I'm sure there's going to be an awful lot of discussion in relation to the contract which is going to be proffered. Which I have a lot of questions. Mayor Ferre: Yes, sir. Mr. Plummer: So, are we taking it in two separate... Mayor Ferre: Yes, sir. If you will notice, on item "C" it says discussion of multiple licensing for the right and privilege to erect, construct, operate and maintain a cable television system in the City. Lacasa wants to make a motion to that effect. This matter has been discussed. I'm going to recognize him shortly for a motion. And I want to make sure that every member of the Commission has had the opportunity to discuss that particular motion or anything that is related that might impact on the decision of that motion. Now, hearing that there is no further discussion on the motion as it is to be made, I will recognize Commissioner Lacasa for the purposes of making a motion. Mr. Lacasa: Mr. Mayor, at this point, I'd like to move that the City Manager be instructed to negotiate for a contract to implement and operate a cable t.v. system in the City of Miami with the following companies: Vision Cable, Miami TCI, Cable Systems, and Six —Star Nielson. Mayor Ferre: Is there a second to that motion? Is there a second to the motion that has been presented by Commissioner Lacasa? Is there a second to the motion? Having heard no second to the motion, the motion dies for lack of a second. Now, we are on the main issue of the report and I will see now either recognize a member of the Commission should somebody want to speak out on this particular issue, or if not, ask the Manager to bring the issue before us. Mr. Carollo: Mr. Mayor, if I may, I would like to... Mayor Ferre: Commissioner Carollo. Mr. Carollo: ...ask the opportunity to ask some questions and make some statements. Mayor Ferre: You have, air. The Chair recognizes you. Mr. Carollo: Thank you, sir. Mr. Mayor, fellow Commissioners, ladies and gentlemen, there was an article this morning in Miami's National Enquirer, the Miami Herald, and the only part that I'm going to direct myself to is the part that is related to me. The front page of the local news stated something to the effect the Herald had found out, I don't know if by that they meant that maybe their attorney in one of his famous midnight rides with all the excitement ran into something, thought he saw me, or Mr. McMullin in one of his wet dreams envisioned me somewhere. But anyway, as you turn the page, in the second page of that article, 23 SEP 1 01981 Mr. Carollo (continued): they stated that there were two individuals, one that they identified by name, very conveniently living outside of the State so it would be very hard to subpoena him, and the other one, they did not disclose his name, or where he's at now. I imagine he's also out of the State, and they stated that they had seen me several times in the office of Americable in Homestead. Well, I would like to say, Mr. Mayor, my colleagues, ladies and gentlemen, that either these two individuals are pretty blind, or some one had to pay them off to make those statements because this Commissioner was never, never at the office of Americable at any time, last year, this year, the year before, nor will he be there nest year. At the same time, I would like to ask the City" Clerk to place me under oath so that I could answer that charge, allegation that the Herald made under oath. So that if Mr. McMullin is so anxious for a hanging... well, if I am lying, let him try to have one. Mr. Clerk, will you place me under oath, sir. (AT THIS POINT, THE CITY CLERK PLACED MR. CAROLLO UNDER OATH.) Mr. Carollo: Now, under oath I am stating that I have never ever been to the offices of. Americable at Homestead at any given time whatsoever. Now, if I may, Mr. Hermanowski would come up, I would like, sir, if you could go under oath, and I would like the City Clerk to ask you the question if I have ever visited you in your offices in Homestead. Or for that matter, if I have seen you anywhere in Homestead. (AT THIS POINT, THE CITY CLERK PLACED MR. HERMANOWSKI, PRESIDENT OF AMERICABLE, UNDER OATH) Mr. Hermanowski: Mr. Carollo has never been to Americable's offices either in Homestead or in Miami. Either in the City of Homestead where we had an office there 4 years ago, or in our existing offices in the City of Miami on 167th Avenue. And Mr. Carollo has never been anywhere near our facilities. Mr. Carollo: Thank you, sir. Mr. Mayor, if I may proceed, I would like to ask Mr. Pilnick if he may come to the mike. Mr. Pilnick, I am sure you're aware of what I'm going to ask you now. The City Manager has talked to you this morning on that subject. As you are aware, sir, both myself and the City Manager were visited by an individual that made some allegations as to your whereabouts on a certain date. All that I want, sir, is to ask you, get a simple answer. And as far as I'm concerned, if they're not true, it dies with me. Unless anyone else in the proper authority would like to follow it up. Mr. Pilnick, where have you been staying at, sir, since you've been coming to Miami to represent the City of Miami. Mr. Carl Pilnick: When I stayed overnight, I stayed at the Coconut Grove Hotel. Mr. Carollo: Mr. Gary, have you been able to verify that that he has stayed at the Coconut Grove Hotel? Mr. Gary: No, we haven't. we havn't been able to verify that, sir. Mr. Pilnick: We can supply all of our receipts, if you want. Mr. Carollo: Have you stayed, sir, under your name or your companies name? Mr. Pilnick: Under my name. Mr. Carollo: Under your name. Have you made an attempt to verify that, Mr. Gary? Mr. Gary: We made an attempt to verify whether he stayed at Coconut Grove. Mr. Pilnick: I can verify that by the receipts we have, if that's the question. 24 d Mr. Carollo: If you would, sir, I would appreciate it if you could give those receipts to Mr. Gary, I think that will settle that pretty much so. The allegations, sir, that I received, just like Mr. Gary did, was that on the date of June the 6th, that you were at the office of Mr. Richard Gerstein. Is there any truth to that, sir, or not? Mr. Pilnick: There is absolutely no truth to it. I have never met or spoken to Mr. Gerstein. The only time I've seen him was when he made his presentations here for the company. Mr. Carollo: All right, sir. So you were never in his office... Mr. Pilnick: No, sir. Mr. Carollo: On the date of July the 6th. Mr. Pilnick: Never at any time. Mr. Carollo: All right. For the meeting date of July the 7th, you were here, when did you arrive for that meeting, sir? Mr. Pilnick: I'd have to check back on that. I don't recall. Mr. Carollo: Did you arrive the night before, the day before? Mr. Pilnick: I really don't recall. I'd have to check the travel records on that. But if you'd ask a specific question, I'd be happy to answer it. Mr. Carollo: What I would like for you to do, sir, if you may, is to provide the City Manager with the time that you arrived in Miami for the July the 7th meeting. Mr. Pilnick: I'd be happy to do that, and answer any questions that you have. But, my own question, if these kinds of allegations are being spread around, for my own information, I would like to know who made the allegation so that I can take recourse. Mr. Carollo: Well sir, the City Manager received these allegations like I did. I think it's my responsibility and duty to have asked the question that I did. I have, you denied them. I have no reason to doubt you unless I am presented with facts to show otherwise, and as far as I'm concerned, sir, when you provide the material that you stated you would, that's the end of that as far as the Commission side of it. Mr. Pilnick: Well, I understand that, Mr. Commissioner, but at the same time, I work at this profession, I work in a nubmer of the cities, and I understand what newspapers may have in some of their articles, but if allegations are made about me, these things have a habit of sticking long after the allegation has been put to rest, and they wander from one city to another. And from my professional interest, I am very much interested in finding out who made the allegation. I'd like to confront that individual directly, and I'd like an opportunity to respond other than through a third party. Mr. Carollo: I certainly understand that, sir. And my suggestion to you would be to sit down with the City Manager. Mr. Pilnick: Thank you. Mr. Carollo: If I may ask Mr. Paul Alden to step to the mike for a second, if I may. You don't mind, do you, Paul? Mr. Alden: No, I sure don.'t, Joe. Mr. Carollo: Mr. Alden, has your company placed any ads in Spanish newspapers in Miami? SEP 1 01991 Mr. Carollo (continued): t see you have your public relations matt and one of your stockholders here, Mr. Ley. Mr, Alden: No, he's not our public relations man. Mr. Carollo: One of your stockholders, right? Mr. Alden: Yeah, he's one of our stockholders. Yes, we have. Mr. Carollo: Do you know what papers you placed these ads in? Mr. Alden: I believe there were four or five of them that we advertised in. Mr. Carollo: Do you have their names there at all? Mr. Alden: Not with me, but I... t Mr. Carollo: I'm sure Mr. Ley would have to know. Mr. Alden: I have those records and I'd be happy to... Mr. Carollo: Do you recall when you placed the ads? Mr. Alden: Commissioner, if At's all right with you, I'd be happy to furnish the information. We have records. We advertised in those newspapers prior to the decision and subsequent to the decision. Mr. Carollo: You advertised prior to our vote... Mr. Alden: Oh, yes. Mr. Carollo: ...and after our vote? Mr. Alden: Yes,sir, that's correct. Mr. Carollo: Well, I'm sorry if I asked a complicated question:...... Mr. Alden: It's not complicated. I just don't have the information in my memory. Mr. Carollo: it was not meant to be that way since it. appeared to me that there were just so few papers that your firm placed ads in that it wouldn't be hard for you to be able to verify that. Mr. Alden: Well, I can tell you that we were in certainly the Miami News, the Herald, the Spanish edition of the Herald, and all of those, there were five or six of•those community newspapers. And as I say, we have...... Mr. Carollo: newspapers. 14th vote? In the five -or six community newspapers, there are weekly Did you also place ads in those papers before the July the Mr. Alden: We just simply don't know. I believe... Mr. Carollo: You stated before that you had before and after. just trying to... Mr. Alden: No. I'm doing this from memory. I would really like to look at the records and give you exact information. We did advertise in those newspapers. I simply don't know the dates. Mr. Carollo: Mr. Alden, let me say this. I had the owner of a weekly Spanish newspaper come to me, state to me that before the July 14th vote there was a representative from your company, sir, that went to them and a gave them checks on two different ocassions for advertising that was never placed in that paper. As far as any advertisment in any other Spanish newspapers before the vote, I certainly did not see any. What I would like to bring out,sir, is something that is funny to a certain extent, 2U :t V 4.1 Mr. Carollo (continued): to some people, but I think that people in a position of authority, far more than any of us have here should look into along with many other things, and many other allegations that have to be looked into. This newspaper shows a picture of me playing a guitar here and two of my colleagues here behind. By the way, I don't play a guitar. Here's a man with a cable, a bag full of money, insinuating right out whatever we want to see, it's just insinuating. But this was brought out for the first time ever a couple of weeks ago. This is the first and only time this newspaper has appeared. Back here is a full page ad, signed by Mr. Richard Gerstein. I think we all know who he is, with a full page ad of TCI's. Next to it, there is quite a few names. It is my understanding they are all fictitious with the exception of one. These are supposed to be the names of the people that are operatine this newspaper. or rae sheet like it really is. Someone that spoke to the onlv name here that's supposed to exist, stated to me that this gentleman made a statment to them that the only reason he did this on i the front page was that he was paid to do it. Paid to do it. Now, I have been, frankly, quite surprised that several so-called newspapers, weekly Spanish so-called newspapers run by so-called journalists would have opened up with the type of vicious attacks, the damn lies, the insinuations that they have, before and after the vote July the 14th, - just because they were inspired out of the clear blue air to do it. Yes, I have received quite a substantial amount of allegations on why some of these people wrote the attacks they have. But I would prefer to speak only on the facts that I have in my possession now and not go on allegations. The fact is what is stated here on this rag sheet, the fact is that the owner of a newspaper stated to me that before the vote of July the 14th, a member, stockholder of TCI went to them, gave them two checks so they could speak well of TCI. No advertising was ever sent to that paper. Mr. Alden, I don't know just how well you kept track of the activities of some of your people down here, but sir, I for one, am willing to open my full background, bank accounts, everything, the day that I was born to now, to anyone. I would certainly hope that some of - your so-called fine associates down here are willing to do the same thing and it's a damn crying shame that we would have to be subected to this type of political blackmail and this is the only word that I can use, political blackmail, by a bunch of political whores. No elected official anywhere should ever have to be subjected to this, and we have. This has been a direct organized conspired attack along with this recall baloney that has been launched. And Mr. Dan Paul, Mr. Dan Paul has had his hands right smack in the middle of some of these activities, like this recall game, together with Mr. McMullin. One does one thing and the other one _ does the other. At this point in time, I'd like to get Mr. Hermanoski up here again and ask him some questions. Sir, have you at any point in the past have approached anyone from TCI trying to negotiate in selling any of your franchises in Dade County to them? Mr. Hermanowski: No, sir. Mr. Carollo: Mr. Alden, is this true or not? Mr. Alden, has Mr. Hermanowski at any time approached any one from your company, attorneys, what have you, in trying to sell any of his franchies, particularly the one in Dade County to your firm. If you would go to the mike I would appreciate it so it can be put on the record. Mr. Alden: To my knowledge, yes. There were discussions between our companies a year and a half ago. Mr. Hermanowski, it was common knowledge in the industry that he was trying to dispose of his Dade County holdings. He not only held discussion with us but with several other people. It's also common knowledge that we're the biggest acquirers in the industry today. We buy virtually anything that's put on the table. Mr. Carollo: May you put, for the record, the names of the people that he spoke to? Mr. Alden: Yeah, he has discussions with the president of our company, Dr. Malone. SEP 101981 41 K Mr. Carollo: The reason I'm asking that, air, is because rumors at the end are all like arm pits, they all stink. Facts are something thats proven. That's different. Mr. Alden: Well, there's no association in the two matters, Commissioner. This was a business transaction a year and a half before we even decided to bid on the —in fact, it was before I was with the company. I was with a totally different cable company at the time. So, there's certainly no connection. Mr. Hermanowski: Commissioner Carollo, this is a falsehood. It is absolutely untrue. I have never had my Dade County franchises, my Homestead franchises, my Florida City franchises up for sale. I have never contemplated them being up for sale. I have never discussed those franchises to be sold to TCI or any other company. We're aggressively building in the county, and we're adding customers. It's a lie. Mr. Carollo: Mr. Alden, did you have an employee for your firm named David Smith? Mr. Alden: I think we're getting into some... Mr. Carollo: No, sir, we are not getting into some areas. Did you have an employee named David Smith with your firm? Mr. Alden: Mr. Carollo, I'm going to decline to answer any further questions along these lines for the following reasons: we don't want to get involved. We put in an application here that was rated tops by the City's consultant. Now, all of a sudden, we're being castigated for having done so. There have been certain allegations.... Mr. Carollo: No, sir, the castigating has been... Mr. Alden: ...may I make my statement? Mr. Carollo: ...tried to be done on your part, sir. I'm just trying to show the facts of what has happened here. Mr. Alden: Well, they may be facts, in your mind, air, but I assure you they are not fact. And the allegations that you're putting forth here today along with some others that you put forth on the radio a while back are unfounded, there's no basis to them. And if you'd care to ask me to respond in an appropriate manner, in writing, if you have some specific charges against TCI we'd be very pleased to answer them in an appropriate forum. I don't think this is. Now, obviously right now you're talking from a...what you're doing is politically motivated. I think it's improper for us to be subjected to this sort of thing at this point. We have not had any involvement whatsoever in any of the things that you're charging us with, or that you are inferring that we're involved with. Mayor Ferre: Mr. Alden, just so that we understand, for the record I want to make sure that peoples sensitivities, you know, this is a very touchy area. There have been some very very serious allegations with respects to the integrity of members of this Commission. They have not been published in weekly community newspapers, they have been published in a newspaper that has a circulation in excess of 500,000. There have been editorials that have been written that have been ... two have been very very explicit in the implication as to integrity of members of this Commission. I think you must understand that even though this is not a court of law and we're not here trying to expunge, clear, clarify or alleviate any of the fears that the Miami Herald have expressed, I think it is within the realm of propriety for this Commission to permit members of this Commission to ask any questions, or make any statments that they wish, as difficult as they may be. And it has been my policy as Mayor to permit members of this Commission to have a free rein of the microphones if it is pertinent and germain to the issue at hand. And since we are about to vote on a major issue with regards to the future of this City, and SC I a r, ?`.�1 4;. 4 Mayor Ferre (continued): since the integrity of certain members of the Commission have been questioned, and I might add, I think with impunity, I would certainly not at any time deny any memeber of this Commission the right to ask questions. Now, whether or not you answer them is obviously something that you and your attorney have to decide. And whether you wish to do this in writing, or how you wish to handle, that of course, is your right. But I just want you to understand that I'm not giving somebody free rein to do something that they would not otherwise have, in my opinion. Mr. Alden: Well, I understand. That's certainly the right of the Commission. I didn't mean to appear to be questioning that. I would simply stand on my statment though that TCI has not been involved in any way, shape or form in impuning any member of this Commission, nor will they ever be. And I would simply say again, that if Mr. Carollo has some questions or allegations, whichever they might be, if he'd submit them to us in writing, we'd be pleased to answer them. But I don't intend to answer them or get into any kind of a discussion with you in this forum. Mr. Carollo: Mr. Alden, I was quite sure that the minute that I would bring up Mr. Smith's name that would be the case. And —so that the public would know where I'm coming from, Mr. David Smith is an acquaintance of mine that I worked with in a political campaign in 1976, for the U.S. Senate. He was running that campaign. Mr. Smith on July the 6th, the day before the 7th, he called me, Mr. Smith, this representative of TCI reached me at my house for lunch, stated to me over the phone whether I wanted a set of questions that he had for me that would help me make my decision better if I would ask them of the different companies. Since TCI especially was the one that had brought out the gag rule, I reminded Mr. Smith that over the phone, and ended the conversation. On the day of the vote, my aide informed me that the night before Mr. Smith had called him stating to him that he was flying into town. The day of the 14th, Mr. Smith, he was seen by people here, including reporters here. He spent most of the day in and out of my office trying to make sure he would reach me. One of the statements that he made to my aide was something to the effect that before I would vote I'd better think of my political future, and he wanted to talk to me about my political future and the impact that my political future would have on my decision on that date. Well, I see now what Mr. Smith meant by all the attacks that have been paid for, lodged against me. Attacks that have been motivated in part by the greed of individuals, and in part by political enemies of mine that have tried to destroy in every way and form, short of paying an asassin to shoot me down. And now, they resorted to the only way that they felt they could get to me. Myself and my family have been subjected to threats, intimidation, the worst kind of behavior that I could possibly see from human beings. Approximately a week and a half or so before the vote of the 14th, another associate, stockholder of Mr. Alden, Mr. Juan Del Cerro contacted and went to personally see a friend of mine trying to use that influence also to see if they could influence my vote. Going back to Mr. Smith, I would like to add that Mr. Smith was flown from Washington, D.C., that day especially to see me. That was the sole purpose which Mr. Alden has admitted to me, but I'm sure will deny at this point in time. Mr. Smith, when I finally came to my office, stated to me that he was going to be part of the presentation on that day. That's what he was here for. There's no record of a David Smith ever having come before this Commission representing TCI on July the 14th, or any other time. I stated clearly to Mr. Smith that if he had anything to talk to me about, he could do it after that days voting or at the end of the meeting. Going back into one of the other areas that frankly I could only just snicker at, the two leading proponents of this so-called recall drive for honesty and integrity, or something like that, one of them is Mr. Manny Mendoza. Mr. Alden himself stated to me that Mr. Mendoza had been a consultant for TCI, paid $2,000 for whatever job he did for them. Mr. Mendoza had requested from his firm if they would buy 6 episodes. He was trying to negotiate with TCI if they would buy 6 episodes of his "Que Pasa U.S.A.?" for the simple fee of $935,000. This is not something I made up from the sky, this is something that Mr. Alden himself stated to me. The other fearless leader of the recall movement, and I would like to say that out of the hand of full of people that's involved with that, that's all there is, I 29 SEP 1 01^81 Mr. Carollo (continued): think there's a couple of people that have been very mislead, or maybe promises have been made of seeing their name in the Herald in green and blue lights, but the ones that I'm referring to are two main people that have been the spokesman for this so-called recall movement. The other gentleman, Mr. Dupontis. Mr. Dupontis, it is my understanding, and Mr. Kuten, you're a representative of Vision Cable which Mr. Dupontis was a representative of, was going to be paid a very substantial amount of fees throughout a certain time if Vision Cable received that award. Am I correct or not, sir? So, ladies and gentleman, there are the two main spokesman of this committee. I'm sure they got into it because they had nothing better to do, they're health, what have you. In fact, Mr. Mendoza doesn't even live or work in the City of Miami. It's like me going to Homestead and trying to do away with the Commissioners over there. This has all been a plot to put the utmost pressure of political blackmail on members of this Commission. The bottom line is now that we are, we're crossing a crossroads that's extremely dangerous for the future of this City. There's no doubt in my mind that one of the motives that Mr. McMullin from the Herald has, is right after this November election try to spearhead a campaign to do away with the City of Miami and consolidate it into Metro. Mr. McMullin has declared himself a reporter, judge, jury, hangman, sheriff, state attorney and half a dozen other titles. I would like to ask this of a distinguished individual that can't even run his own family, and let alone he's giving opinions on how to run everything in the City of Miami. Jack of all trades, and certainly master of none. Who is he, and what right does he have, if indeed he called members of this Commission, like I know he did, if indeed he asked a member of this Commission to change his vote. And what are his motives behind that? their attorney, Jan Paul, the Heralds attorney was very actively representing one of the firms who was bidding, TCI. Are they going to deny that they havn't been speaking on a daily, if not more than that basis, conspiring what they're going to do tomorrow or the next day? I wonder just how many of those editorials indeed were written by Mr. McMullin? How many of them were guided by Mr. Dan Paul? When you stoop to the lowness that I see our National Enquirer here in Miami, when you stoop to that lowness that I've seen and, when you're calling people thieves, members of this Commission thieves and not an ounce of fact to back it up. I hope Mr. McMullin realizes that sooner or later we all are going to have to meet our maker and there, is when we're going to have a real, a true day in court. I think the situation we're facing now is a situation that's filled with a cloud of political blackmail, it's filled with all kinds of damn lies and allegations by a bunch of money hungry whores. I think that we were shortchanged by our consultant. We had no specific professional evaluation on many issues that should have been addressed, pertinent information submitted by companies applying here. In my opinion, after everything that has been orchestrated in the Herald, the rag sheets, the cloud of doubt they have tried to put on this community, I find it very hard to believe that Americable, or for that matter, any company their size will be able to acquire the complete financial backing that they would have been able to acquire before this campaign started. I find it hard to believe that because of the circumstances that have been created Wish people with only one intention, the dollar bill, that Americable is going to be able to live to everything in that contract. I'm sure that that was always a part of the strategy that was followed. Bury them economically where they can't get the financing. Mr. Mayor, I believe that yes, the City's future integrity, credibility is at stake. The way that we, the members of this Commission from our side of the fence could bury and put a stop to all these damn lies, false rumors, false allegations, campaign of blackmail is by taking the horse right by the head and starting afresh. I believe that all the allegations that have been made, every single one of them, not just in one company, but in all companies, should be looked closely by the proper authorities. Very closely. But before this is done, I think this Commission has to take the initiative. And what I'm proposing here is in the form of a resolution, Mr. Mayor... Mayor Ferret All right. The chair recognizes you for that. Mr. Carollo: I'm proposing that we throw out all the proposals that we have received, and after November is over, we start again. After we've Carollo (continued): learned from the mistakes, after all these elduds of doubt and blackmail are put away, that we start from point one, and instead of going to one consultant, we go to three consultants, three consultants. Whatever they cost, whatever they cost, the cost will be paid by the companies that are applying. I think that in that contract, or bid proposals rather, the City should specify there that we will reserve our right to give the franchise, and I'm using the word franchise, to one or more companies. But at the same time, we should get those three consulting firms to give us their best opinion as to what is practical to do in the City of Miami. Now many areas would it be practical, if that's what this Commission wants, how many areas it would be practical to divide the City of Miami in? Go the route that we were =s going to go orginally, give it to one company, give it to two or give it to three. I think that's one of the things that we should get from those consulting firms. And of course, I think that we should put whatever decision we make up in a referendum so that the citizens of this community will be the ones that make the final decision and no two-bit individual can point the finger and accuse anyone of anything improper. I would certainly hope with that time that all these people, whomever they might be, that have been spending their dollars in trying to do hatchet jobs on members of this Commission be put in their place so they won't be able to do that no long:r. Also in this resolution, Mr. Mayor, I would like to see whatever company or companies we will Rive the franchise to. instead of putting a few million dollars up front, let's require a bond for the full amount of the construction costs. Whatever the construction costs would be. This way the City is assured that if any company cannot live to their commitment, that we will be assured the full amount of the construction costs. In the resolution, Mr. Mayor, I would also like to add that from the consulting firms we would expect a complete evaluation of the proposals as to the background, economical standings, etc. of each and every company that would be applied to us. If there is any company that indeed cannot meet the muster, well, let's know before hand. Not have people make accusations afterwards. And last but not least, if any company gives any information that is not true, unfounded, or deletes any information they should have put in the application, they should immediately be disqualified from patricipating any further in that process. Mr. Mayor, that is the resolution that I am making. Mayor Ferre: We have a motion on the floor, is there a second to that emotion? Mr. Lacasa: Second. Mr. Carollo: At the same time, if I may, now that there has been a second? Mayor Ferre: Yes, sir. Mr. Carollo: I would like to say this. Mr. Alden, there might be a hun- drej companies applying here, air, but before this Commissioner votes for YOU4 firm hell would have to freeze over, sir. And I hope you get that straight, that's another member of this Commission and another one. Maybe back on July 14th I didn't feel that way but I'll tell you something, I surely certainly feel this way now and I think it could count. But sir, if you want to go out and try to elect some Commissioners go ahead and do that, sir but this Commissioner's vote will never be with a firm such as yours. Mayor Ferre: All right, we have a motion on the floor and it has been prop- erly seconded. Under discussion? Mr. Plummer: Mr. Mayor, under discussion. I'm at a loss, Mr. Mayor, I would like to go back to some of the areas, if it is possible, that Mr. Carollo addressed prior. Mayor Ferre: Well, you're entitled. Mr. Plummer: Before you vote gn the motion. I would also hope, Mr. Mayor, one of the things that has bothered me through this entire process is that I think that more consideration has been given to who are the people and what they have done or not done to what I think is really the important is- sue as outlined by Mr. Pilnick some months ago. That is that the real answer to quality cable TV in thiE community lies in negotiation. I think that is very very important. I would like to put onto the record because unanswered questions tend to start rumors, I know not of what Mr. Carollo speaks when he said that Mr. Mc Mullen asked a member of this Commission to change their vote. Mr. Mc Mullen called me as he did others on this Com- mission, I am told, he never asked me to change my vote, never asked me to change my vote. The only other area that I wanted to clear up, Mr. Alden, I will have to ask you to come to the microphone, sir. There was an &rticle which appeared in the paper that was mis-stated to me by the reporter when this matter supposedly was reported to the Federal Bureau of Investigation and solicited my comments based upon telling me that he knew not who the complainant was. I stated that if I knew who the complainant was that my comments would most likely be a lot different. Mr. Alden, in a conversa- tion with you, sir - excuse me, the next morning when the article appeared in print it stated in print that the complainant to the FBI was a member of TCI. In my conversation with you, sir, you indicated to me that you had asked every member of your organization if this was true and your answer was that there was no one in your corporation or the local concern who owned up to making such a statement. Is that correct, sir? Mr. Alden: That's absolutely correct. Mr. Plummer: Thank you, sir. Mr. Mayor, let's address, if I may, and I have to address it now, thd. thing that I would hope we would be most con- cerned with is the people of the City of Miami getting a good cable system. Mr. Mayor, I found fault with Mr. Pilnick in the beginning and I guess I really didn't hear what the man was trying to say when he made the state- ment in response to your question when you asked him very very much in detail, "Are all of these companies qualified?" "Do you know anything, Mr. Pilnick, detrimental either financially, criminally...." and you went on and on, "... that would stop this Commission from voting on any one of the five companies?" And your answer was no. The real thing that you were trying to tell me that I didn't hear was that the real answer lies in a good system for this community in the contract negotiations. I read an article that tells me, I think it was Mr. Pilnick, it might have been Mr. Gary or the attorneys from Arnold and Porter that without a doubt this is the toughest contract that exists anywhere in the United States in re- lation to cable TV. Not only it is the toughest contract, it is the beat beneficial contract to the municipality that exists. Now, Mr. Pilnick, un- less you have changed your mind I would like to read from your letter dated August 29th to Mr. Howard Gary and I want to read just the last para- graph, the letter is of record, I am not trying to hide anything, that says that the process and where we are today, let me read that last para- graph for the record. "... These license requirement if agreed to and complied with would eliminate all of the significant weaknesses of the Americable application. Indeed, regardless of the identity of the licensee the license assures the City of an exceptional cable system at the vanguard of the current state of the art. Furthermore, the substantial penalty pro- visions included in the license provide assurances that these requirements are enforceable. Mr. Pilnick,have you in any way changed your mind, sir, since you wrote this letter on the 28th? Mr. Pilnick: No, sir, I stand by the letter. Mr. Plummer: Thank you, sir. Thank you, Mr. Mayor. Mayor Ferret Anything else, Plummer? Mr. Plummer: Not at this time, Mr. Mayor. There is a motion on the floor, there are other things that I would want to address if this motion fails. Mayor Ferret All right, what we have before us now is a motion which ob- viously goes to the heart of the issue and it deals with whether or not we continue on this or whether or not we put this off until after the November election and then begin the process of rebidding and renegotiating under the premises that Commissioner Carollo has expressed. Now, I will solicit to see if there are any other comments by members of the Commission then I'm going to make a comment. Rev. Gibson: Mr. Mayor, may I ask a question? Mayor Ferret Yes, sir, Father. Rev. Gibson: Based on what we have said to the public and the way in which we have started as well as the way in which we proceeded, cour_sel, can we legally do something like this? Now, please understand, I'm asking the question in the light of the fact that you instructed the Manager to deal with these companies in good faith and that if we could come to an agreement, that is the Manager could negotiate a contract acceptable to the City, I mean the best interest of the City, can we now having had the recommendation of the parties or the people who represented us at the conference table, Mr. Clark Merrill, Mr. Pilnick and the Manager, can we now in the midst of all of this say "No, we're not going to accept it, we're going on and try again, do our own thing?" Where will we be with the law? Mr. Knox: As a matter of procedural fact, the City Commission adopted a motion which authorized the City Manager to engage consultants and to en- gage in discussions with Americable for the purpose of developing the con- tents of a cable license. Inasmuch as this ordinance has not been presented to the City Commission at this time, the procedure that has been proposed would not necessarily be inappropriate inasmuch as it would achieve the same end as a negative vote relative to the presentation of the proposed ordinance so that there the essential question is whether or not Americable has achieved any vested rights by virtue of process up to this point and the answer is no. Mayor Ferret Well yes, but you didn't finish the question. See, I think you have to continue now -and tell us whether legally in your opinion they have vested right. Mr. Knox: And that answer is that they do not have vested rights at this point. Rev. Gibson: Let me ask you this. Wouldn't the court ask you if you were bargaining in good faith? Mr. Knox: The bargaining process has, in fact, taken place but the City Commission reserves unless it chooses to relinquish the power to make its decision. Rev. Gibson: I see. Mr. Carollo: Let me say, if I may, Mayor, make this additional statement. Commissioner Gibson, if you're concerned about lawsuits I feel that regard- less of which way we go we're going to see them. Mr. Alden stated clearly to me that if Americable is awarded this contract they're suing so any which way you go you're going to see lawsuits coming. I think the best way, that 33 SEP 1 01,981 at least from our perspective, from our area of responsibility that we could bury this type of cheap political blackmail and all these damned lies by starting afresh and let's see what some of these so-called fine outstanding individuals are going to say then. I wonder is it that the Miami Herald really felt that Americable was so bad and maybe Mr. Mc Mullen disliked Steve Ross and Dick Knight so much or are there other ulterior motives for the action that he has taken? I asked a question: Doesn't the Miami Herald have interests in the cable field? Aren't they applying in -Tampa right now? From what I understand have more rented citizens than any other company applying in Tampa, or power brokers, whatever other name1=i y're using. What really comes to mind, could it have been that the Herald was that scared that a firm that they might not have any influence at all in controlling and directing could have taken over the cable system in Miami? Mr. Plummer: Mr. Mayor, I can't help but read this in, I was going to save it until later but you're giving a lot of latitude and I guess I've got to admire the Herald for publishing this article in the Miami Herald but I want to quote to you from an article in the Miami Herald Sunday, September 6, 1981 as it relates to the Miami Herald's own application for cable TV in Tampa. And, Mr. Mayor, it is a very extensive article and I find it very amusing, and that's the only word I can use, is amusing - and it says, "... The controversial rent -a -citizen issue" - and I'm taking this out of context, Mr. Mayor, I want to say that from the beginning - "... the controversial rent -a -citizen issue is one of similarity. The interest shown by giant newspaper publishing groups including corporated relatives of the publishers of the Herald, the Atlanta Constitution, the Chicago Tribune is another relating to rent -a -citizens and I think com- monly referred to in the editorial pages as not in the article as "Influence Peddlers". Reading on, the article says, "Ironically while the Miami Her- ald editorially decries the use of rented citizens in Miami Knight-Ridder business officials have shown little hesitancy in courting some of Tampa's most prominent and powerful citizens. Those signed up with Knight Ridder include the Chairman of the City's Housing and Port Authorities, the former Chairman of the Sports Authority, an architect who designed the tallest building in town and despite that despite that influential list of heavy hitters and the assertion of the Knight Ridder Eldridge that we intend to win, company officials pooh-pooh any edge they might gain from having local investors" - that here in Miami by the Miami Herald is called in- fluence peddlers. I just really wonder about people who live in glass houses. Mr. Mayor, the article is, as I say, quite extensive, if any of you did not get a copy - there are some very very interesting and enlighten- ing comments including one who represents the Knight Ridder papers who re- fused to comment to their own newspaper. Now, you know, if I said to one of these reporters, "I've got no comment", they immediately want to bury me because - that's a pun, excuse me - because I have something to hide. I refuse to comment - I guess in reality the real question has to be based upon their representative to their own newspaper "no comment", what are they hiding? I just found this article very enlightening. Don't do as I do, do as I want you to do. I•hope and I'm sure that based on one member's comments at this Commission table that there will be plenty of comments forthcoming. I hope their comments will be as it relates to their application, their own personal application in Tampa which they refuse to comment on. Thank you. Mayor Ferre: Are there furtheg comments? All right. I am not a mind reader and I cannot for certain say how this vote is going to turn out but I suspect that it is going to be a two to two vote. That is just a suspicion of mine which may be born out later on by the vote and, there- fore, the deciding vote may be cast by myself. Now, usually on occasions such as this, and in the past, my predecessors and I myself have used what is sometimes known as the Kennedy tactic and that is you remain silent or you make some statements that throw off people and then you remain, since the Chair always votes last and then you vote one way and those that win are happy and those that lose usually end up being happy partially because at least a commitment to a vote was kept. Now, I'm not going to do that today because I think this is just much much too important an issue. I've done that in the past, I want to freely admit that I have been culprit of using that as have been I guess every Mayor in the history of the City of Miami. I'm not going to do that today because I don't think that is fair. I think I ought to come up, this is much too sensitive an issue, it is a much too important an issue and it is one which I think is tearing the City apart and I think I've got to express myself in the way that I feel. I realize that there are those who feel in government that politicians or r! . elected officials cannot be trusted with decisions. These are the very same people who also defend our democracy but there is a very deep and a very incongrous ambivalence in the minds and the souls of those people because really at heart they do not believe in the democratic system. These are people that are not new to our country, some of them have been great Americans like Hamilton. Alexander Hamilton had some very basic and grave doubts whether the democratic process really could work, whether elected people could really be trusted to make the proper decision for the = majority and whether or not there are all types of ramifications to that a argument. I am not one of those, I do not believe in that, I think that g we have a system which works, it has worked over the years. It is not an easy system and as Churchill said, it is not a good system but until some- body invents a better system the democratic process is the best system. Now, those same people who continually are impugning the credibility and integrity of some elected officials and some elected bodies to show their weakness because they are not consistent. Now, I am not going to get into personal discussions about individuals or anything of that nature but I do want to add this little bit of consideration with regards to the posture of the Miami Herald. Now, that is not to say that I do not consider other opinion makers - the television stations and the afternoon newspaper or the weekly community papers as important but because of the almost monopoly and because of the tremendous influence of that morning newspaper it is part and parcel of the decision making process in this community. There- fore, since they have deeply involved themselves through both the editor- ial policy and through the articles that they have written about this into the decision making process I need to refer specifically to that newspaper. Now, you will have noticed in the last few days that there was a major article in the local section of the Miami Herald, the title of which was — "Metro Commission to lower taxes by $43,000,000" and it is written by one of the best - in my opinion - working newspapermen in the Miami Herald, Dusty Melton, factual to the point and very clear. However, at no place in that article and certainly not in the headline is there any clarification to the fact that, indeed, Metropolitan Dade County is increasing the taxes of the people of Dade County. So, for those who are not sophisticated, and _ there are very few who are in reading budgetary issues and taxing issues, the impression from that headline for sure and the impression from the arti- cle to a lesser degree leave you with the impression that indeed Metro is reducing taxes when in effect it really is not. Now, I submit to you that if and when the City of Miami Commission does the same thing as it has in the past that that will not be the headline nor will it be the main thrust of the article to be written as it has not in the past. There are many many other comparable occasions which Metroplitan Dade County does something and — the City of Miami does something else when Metropolitan Dade County deals with its fiscal responsibility and its debt, the articles are positive. When the City of Miami gets rated once again by Standard and Poor and by Moody, to this day there has not been one single article in that newspaper to point out what I think is a major achievement of the City of Miami in these difficult times to remain with an A+ and an A-1 rating respectively, not one word. Now that does not, don't you see, coincide with the continuing editorial harrangue that the City of Miami is under fiscal constraints and about to go bankrupt. Of course, they cannot make that statement if Moody's and Standard and boors have made the judgement and have rated Miami, have not de-escalated their rate but left it exactly the same. Now certainly Standard and Poors and Moodys have got to know more about our fiscal 5-and- ing than that Editorial Department of that newspaper. Now, I apologize for having gone to great lengths of making all of these points but I think it is rather obvious to those who have been involved in this community for some years that the Miami Herald does indeed manipulate news. Now, there are three postures in this whole process. One is that you write the news as it happens, that is the Wall Street Journal and it is objective and cold and clear and to the point and they keep their comments to the editorial pages. There is a second newspaper posture and that is there is no object- ivity in life and, therefore, how you tell the story in itself is subject- ive and, therefore, the newspaper has a moral obligation to interpret the news to a certain degree. The third posture which is the worst of all is the posture when a newspaper not only writes the news and interprets the news and editorializes about the news but involves itself in the process of making news. In other words it is involved in the decision making process as such. Now, in all fairness to the present editor of the Miami Herald, it is my opinion that he, in fact, does not willfully - now he may do it unwillfully because he cannot help himself, but certainly he does not willfully or maliciously try to guide the newsmaking process of the City of Miami or of Metropolitan Dade County. I cannot say that about his predecessors, both of them. The two predecessors to the editor of the 35 SEP 0 1981 U r 9 Herald at the present time unquestionably and without any doubt were in- volved in the decision making process of this community. I have been a part of receiving messages from the present editor's predecessor as to how I should vote on a particular issue. So there was no question that the Herald has hae a history of trying to manipulate events. Now, does it do so at this juncture of the City's history? In fact, it does even though I do not think it does so on a concerted conscious way, I do not think that people are told how to vote but simply I think that there is no doubting that there is a relationship between the editorial policy of the newspaper and the way matters are reported. Now that is not, and I am in no way ques ioning the integrity of the working reporters of the Miami Herald, I thi that for the most part they are outstanding. I think that we have one of the best newspapers in the country with regards to the working staff of the newspaper. However, I have also no question that the editor speaks to the assistant editor who speaks to the city editor who speaks to the assignment officer who assigns responsibility for particular stories and I think that there is a relationship that does go from the top to the bottom and that it is very evident in the series of stories that do come out. Now, the point of all of this is that the Herald once again since election time is close is out stirring and trying to figure out what is amiss, what is rotten, what smells, what has potential for a scandal, what is wrong. Now, are they entitled to do that? Absolutely. And do they serve a positive purpose? Absolutely. I think that they are in many ways the conscience of this community and I commend them for that task. Is it destructive? I think because of the fact that they have no real newspaper morning competi- tion, and I would extend that beyond the morning I'm afraid, that they, therefore, end up in a monopoly posture and because of their power and be- cause of the extense of their reach then I'm afraid that the negative as- pects of what comes out is devastating. Now, that is not to say that 20-20's story on Miami or 60 Minutes or the last one in G.O. or the one in The Economist which, by the way, was written by a writer of the Miami Herald who is a stringer for the Economist which is in my opinion the most prestig- ous weekly in the world and a devastating article was written about Miami in early August. I think that the extent of the power of that newspaper is pernicious and creates such a negative problem that people of this community either are scared to death of doing something and are precluded out of fear or they are guided by that newspaper to do things that normally would not happen. In some cases I think what they do and what the Herald is influencing the 'to do is proper but there are many cases where that is not the point and I think that we are living under a reign almost of terror. I don't know whether I would agree with the word political blackmail even though I don't think it is too far off, certainly the power, tyranny is not limited just to a few. The difference, of course, is that we can do two things. We can answer and even though our answers are not published in the Herald we have other ways of answering so the democratic process takes care of it and the other thing that we can do is ignore it. Now, to my colleague Joe Carollo whom I respect and who certainly has the courage of conviction and certainly has shown to me on more than one occasion even though I have at times been the brunt, I fully recognize that he is, indeed, an outspoken man and what he does takes a lot of courage and this City is damned fortunate to have a City of Miami Commissioner that evidently does not buckle to these types of pressures. Now, I have a difference with Joe on this issue and I have a difference and perhaps it is due to the relative difference in the experience that we have had in the City. He, in the past, has felt pressures from different parts of this community like the Miami Herald. It has been increasing in recent weeks. I have been under attack for the past 12 years because the first time that. I was attacked, and I'm not going to make this too much longer, I'm going to tell you how I'm going to vote in about two or three minutes but I wanted to 4hare this last thought. The first time that I was attacked by the Miami Herald was an article written by the name, his name was Little, he happened to be one of the best reporters - Steve Little I think, one of the real first class reporters of the Miami Herald. He wrote a very strong article about my having a conflict of interest in 1967 because I had voted as a Commissioner against the putting of a merchandise mart in the downtown area and in effect that company ended up buying a piece of prop- erty from Maule Industries, a gompany of which at that time I was a vice- president of and it was a pretty insinuating and a very strong article and a subsequent editorial. I went to see the man in charge of the City Desk and his name was John Mc Mullen. He was the editor, he was the guy that assigned and made.., and I had precisely that conversation about, I said I have not studied the newspaper world but how do people make decisions, how do you make...? Hip answer to me was, "As long as I am in this newspaper it will be the policy of this newspaper not only - this is not the Wall Street Journal - we have a responsibility to this community not only of writing I El the news but interpreting it. That is a very difficult journalistic decis- ion and there are all types of answers but my particular viewpoint is that there is no such thing as objectivity and that it is the moral obligation of this newspaper to make that judgement because in the way it is written and the way the headlines are placed in itself is a subjective decision. Now, that, my friends, is the heart of the problem and I'm sorry to say for those of you in the journalistic profession that Bob Harden is right. Bob Harden is right and thank God that Bob Harden has had the courage to stand up and to address this issue. It hasn't been solved but I'm going to tell you this, the people at Knight Aidder Newspaper are honorable people, I have absolutely no doubt that they really mean well. Now, whether or not they apply their sense of morality equally is subject to interpretation and Plummer talked to us about their attitude in Tampa, we also know that we have a. series of zoning variances coming before this Commission on the Herald building and as you know, the Herald Building itself is probably the worst, I think there was something like what, 18, 9 variances when it originally was approved closing of streets and so on but that's not the point. I think the point is that there is integrity and I think that they are honorable people and they mean to do well and I think these things some day will be corrected. I have faith. Now, with regards to this partic- ular issue, I would like to remind this Commission that we have been under attack and continue to be under attack for every single major issue or matter that this City has done other than the James L. Knight Convention/Conference Center. Now, somebody asked me the other day in a public forum what the most intelligent thing I had done as the Mayor of the City of Miami in the past eight years and I said the most intelligent thing I had done is to make sure that that Convention/Conference Center is named after Mr. James L. Knight. Now, I want to say, and I'm sure after this they'll go after that one too, I mean Mr. Mc Mullen will go after that one too, I mean Mr. Mc Mullen will do that and that I give him, he has no fear and he goes at it. I want to tell you that ever single item that we have accomplished here has been under attack at one time by the Miami Herald. The Police Building was attacked. This expansion at Dinner Key, an improvement, that was attacked. The bond issue that we passed for $25,000,000, that was attacked. Watson Island, I don't need to remind you how it has been attacked. There is not one major issue that the City of Miami has done of any importance that I know of in the last ten years that at one time or another was not attacked and in some cases very seriously very extensively, sometimes rather viciously. Now we have lived under that burden and I think it is my opinion that we must con- tinue to have that type of courage of conviction. The question before me in my vote is are we at a posture today where we can vote for a cable com- pany and in my opinion the answer is yes. Now, I know that there will be questions raised on this issue. That very same newspaper and the others who subscribe to some of their theories ask that boards be established be- cause professionals are to be trusted more than elected officials. Now, of course, history has shown that architects and planners and landscape architects and lawyers and other professionals whether they be hired or voluntary have also been over the years involved, some of them, in wrong- doing. So it is not axiomatic that you can get a more honorable decision from an appointed body professional or not than from an elected body. The question of politics and the question is always going to be, there will always be an impugnation under the theory that the Herald works under. And I understand again that they are perfectly entitled under our form of government to be a conscience to the community and that they do serve a positive purpose. But those of us who act after due deliberation and con- sideration with integrity, and I assume that we are all in that role, and with intelligence must make decisions. We were elected for the purpose of making decisions and certainly I think that we have enough information at this point to make a decision. Now, let me talk about the decision and then I'm ready to vote. I voted against Americable and if the vote were today as it was last time I would vote against Americable again. I voted for TCI because in my opinion TCI was the most qualified firm for many many reasons. That is my prerogative. There has been a series of negotiations that have gone on with Americable, those negotiations were conducted by the most outstanding legal firm, I'm sorry, one of the most outstanding legal firms in Washington and certainly one of the best firms in the partic- ular area of cable television and they are the legal consultants of the City of New York. Mr. Pilnick, even though I do agree that he was rather soft or waffling, if you will, if you will forgive me, Mr. Pilnick, for saying that they were all good and they were all this and they were fail that rather than being more specific. But in defense of Mr. Pilnick, those were his instructions. Mr. Pilnick was told, "Do not rate these firms" and as a matter of fact he may have really gone beyond that initial charge by giving 3! SEP 101981 numerical values but how else Fould Mr. Pilnick perform his job? So I understand that he was in the horns of a dilemna and I personally think that Pilnick did the right thing and he did a hell of a job for the City. Now Mr. Pilnick has been involved in these negotiations as has our City Manager and I want to tell you that it is my opinion that the contract that has been drafted and proposed by the City Manager is one of the best most thorough most effective most demanding contracts that has ever been written in the cable televisiop business and certainly is a major major step forward. Now, I only have two questions that I have in my mind. one is can Americable perform? And if they cannot perform are there suf- ficient constraints, restraints, penalties and delineations with which the City of Miami can be amply protected? If the answer to that is yes and I am satisfied, then I certainly feel that that is a step in the right direction. The second question that I have is whether or not this is legal and I need to have a very clear assurance that a contract that is substant- ially different from the original offer made by Americable whether it is within the legal purview of this Commission to now authorize a license which in effect totally violates the initial offer made by Americable, whether that is legally possible. Now, as you know, in Mason's or Roberts' Rules of Procedure, if somebody makes a motion, as I understand it, parlia- mentarily, somebody can make a substitute motion but the substitute motion must be related. Is that correct, Mr. Knox? Mr. Knox: Yes, sir. Mayor Ferre: It cannot be. something that is totally unrelated. Mr. Knox: That's correct. Mayor Ferre: The question, therefore, in my mind, and using that as an ex- ample is whether or not there is enough relationship between this proposed contract and the original offer of Americable to make it believable legally. Will it stand up in court? And obviously, I need to be guided by our City Attorney. I am not a lawyer and that is his job. Now, let me, so that no- body says, "Well, this guy is playing games". Let me put it out front so that everybody understands very clearly. It is my opinion, and I'm sorry for those of you in Americable who are going to be very upset with me, it is my opinion at this point that Americable cannot perform under this con- tract because they don't have the financial strength to do so. It is also my opinion that this is going to be legally challenged and without being a lawyer, that it is going to be illegal. Now, if I am convinced otherwise then I will vote in that direction. If I am not convinced otherwise, then the only other alternative that I see assuming that TCI or another firm is not selected today is to go to multiple licensing but not the way Commis- sioner Lacasa was recommending whom, as I said before also respect but frankly do not find his alternative as a livable alternative. I, therefore, would move at that time, that we go to dual licensing so that there will be two firms and, therefore, the reason why I would do that is because I feel that that would put pressure on Americable to perform and if Americable does not perform we would not be left without a reasonable cable operation in the City of Miami within the near future. I think that that competition would be healthy. Now let me explain how that would work so that again there are no surprises. In this industry there is something called ration- alization. Rationalization works as follows: The two firms that are in- volved in the licensing meet and they discuss the various potential aspects as to how a city can be divided. In most cases since these are businessmen, they come back with an alternative which is acceptable to both firms, event- ually acceptable to the governing body and we move along. Should one fall down on their stated objective, if one falls down the other then be allowed to move into that area and perform. Under that setup, there is no question that Miami would end up with cable television very very quickly. There is no question in my mind that if this is the minimum standard, that which Mr. _ Gary has negotiated, is the minimum and the proper bonds are posted and the proper things are done that I think that we would have the best of all worlds. Now, that is my position and I wanted to say it up front so that nobody would have any questions as to what my logic, what my reasoning, where I'm going, how I'm going to vote on this and in the future items that come before this Commission. 4. Mr. Plummer: Mr. Mayor, may I please, if I may, and this is not an attack by me on the Miami Herald, I am quoting from their article. But I think that this speaks to the very heart where they themselves are an applicant. One of the greatest criticisms that I have seen is that of who are the people involved with the companies. Mr. Mayor, in this article when Knight Ridder 38 was asked who were their investors the answer was, "It may eventually come out but right now we consider that proprietary". They refused to name their investors. The second criticism that I have seen and read is that these companies especially Americable is going to get the franchise, sell it and run Venezuela. Mr. Mayor, quoting from this article, and you'll have to give me a minute, this article states, "The local investors will be allowed to sell their investments back to the two partners of the Knight-Ridder Broad- casting ........ Excuse me, let me start over. "The local investors will be allowed to sell their investments back to the two partners at any time." Not a five year provision or a two year provision, I think our's is five but at any time. The main criticism that I have read is that of "Influence peddling". Mr. Mayor, the system in Tampa is that the Mayor will make the decision - just the Mayor. He can be overridden by council but most times council ratifies according to this article. Keeping in mind that Knight Ridder makes the statement in this article to the effect that we intend to win, I call to your attention who Knight Ritter has selected to head up their application in Tampa, and I read from the article. Bay Cable who is Knight Ridder has signed up Charles Banks, downtown developer and the Mayor's campaign finance committee head. I have nothing further to say, I don't think anything else needs to be said. Mayor Ferre: Well, the issue before us today, even though we spent a lot of time on Knight Ridder and the Miami Herald, including me, is whether or not we're ready to vote for a cable licensing and I think that is, after all is said and done is the main thrust and it is again my opinion that we are elected to make decisions that we have made a lot of hard decisions in the past, most of them not to the liking of some people here and it is time for us to do it again. Any other comments? Mr. Plummer: This is on the motion of Mr. Carollo? Mayor Ferre: Yes, sir. Any questions as to the intent of the motion? Mr. Plummer: I'll have a brief comment at the time of my vote. The preceding motion failed to pass by the following vote: AYES: Mr. Carollo and Mr. Lacasa. NOES: Mr. Plummer, Rev. Gibson and Mayor Ferre. ON ROLL CALL: Mr. Plummer: In my vote, I would like to quote the President of one of the leading companies who did not win. I will not embarrass him by quoting the name. Who in a personal phone call to me said the following: "If you get that contract with Americable that is proposed by your administration, I take back any statement I ever made about political playing and alledged whitewashing. That contract is signed. I vote no. Mayor Ferre: For the reasons explained at great length, I vote no. Now, we have before us the recommendation of the City Manager. Mr. Manager, would you make your report? And then I have as I've stated now three times, two questions that I need answered, one legal and one with regards to Americable. Mr. Carollo: Mr. Mayor, before the Manager does that, if I may make a brief statement, sir. I have stated here the way I feel as an individual. I as one member as 20% of this Commission very very strongly feel that this Commission just cannot vote under the cloud of blackmail, under the duress we are trying to be put under, I think that no matter what firm we vote for today here these political whores that we have in this town, people that are trying to destroy this town are going to keep going at it, are going to keep trying to create more doubt and more doubt and keep hoping that if they spread the big lie long enough people will start believing it. Sir, with all due respect to you and py ether colleagues, there is no way that I would vote for any company here today. So, Mr. Mayor, with all due respects, sir, I'm going to go to my office and get a cup of coffee and after you all are done, if you come around to my way of thinking I'd be more than happy to join this Commission and make my motion again but under the present circum- stances for the reasons that I have stated here, sir, I am not going to participate in this process any longer and I hope you respect my feelings, sir. Mayor Ferre: I do, sir, and you expressed them on the record and you're entitled to do what you're doing. All right. Now, Mr. Manager, would you now report to use sir, your report on your negotiations with Americable. 39 EN 10 1981 Mr. ftry: Mir. Mayor And members of the City Commission, As a result....6 Mayor Ferre: I'll tell you what I'd like to do perhaps, because this is going to be a long long thing and I need to go somewhere where nobody else can go for me so maybe we ought to go get a bite to eat. Mr. Plummer: I'm always in favor of a five minute recess, Mr. Mayor, I am going to be making a motion that is probably not related to cable TV and it's going to be unpopular. Mr. Mayor, we have 93 items on this agenda there is no way in God's green earth that we are going to get finished if do what we should before 6 O'Clock tomorrow morning. Mr. Mayor, I'm not wanting to run to the Dolphin Game, I don't even have tickets so let me make that clear. Mr. Mayor, I think that we ought to split this agenda right now so people don't sit around here unless they have to and I'm not trying to say where we cut it off but reschedule half of this agenda for sometime next week because I'm going to tell you I'm not going to sit here until 6 in the morning. Mayor Ferre: All right, I accept that and would you, Mr. Manager, with Walter and whoever is involved in putting the agenda together look it over and recommend to us where we should cut it off? But be reasonable now, please, as to how far we can go between now and 6. Thereupon the City Commission recessed for lunch and returned at 2:10 P.M. 6• PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. Presentation of a flag to the Mayor and City Commission for the City's participation in the Youth'81 Summer Program. Presentation of Commendation to the Outstanding Officers for the Month of July, 1981, Officers Jorge Barragan and Felix Huertas Personal appearance by Herb Golob and Chuck Bromley, representing the Law Enforcement Appreciation Foundation, requesting funding for their program 7. CONDOLENCES IN THE DEATH OF MIA!SI POLICE OFFICER NATHANIEL BROOM. Mr. Plummer: Mr. Mayor, Mr. Gary, Mr. Mayor, at your suggestion the other day, I would like to ratify before this Commission an action taken. It was with deep sorrow and regret that all of us yesterday had to join with 1,000 police- men at a funeral service. I think each and every one in our own ways felt the sorrow that was expressed there by the family, the minister and the depart- ment itself. Mr. Mayor, I would like, as you were the one who prompted, a resolution conveying the deepest sympathy and grief of the City Commission and the Citizens of the City of Miami to the family and friends of Officer Nathaniel Broom upon his tragic death of September the 2nd, 1981 in the performance of his duties. I so offer the motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-747 A RESOLUTION CONVEYING THE DEEPEST SYMPATHY AND GRIEF OF THE CITY COMMISSION AND THE CITIZENS OF THE CITY OF MIAMI TO THE FAMILY AND FRIENDS OF OFFICER NATHANIEL BROOM UPON HIS TRAGIC DEATH ON SEPTEMBER 2, 1981 IN THE PERFORMANCE OF HIS DUTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 8. ALLOCATE FUNDS FOR FUNERAL OF MIAMI POLICE OFFICER NATHANIEL BROOM. Mr. Plummer: Mr. Mayor, the other subject, do you want me to bring that up at Li,�3 time? Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Lacasa, I am offering a motion to ratify the action that we took the other day that the City of Miami pick up the funeral expenses for the deceased so it would not be a further burden to his family and I offer that in the form of a motion. Mayor Ferre: All right, the intent of the motion is that we pick up the full. amount? Mr. Plummer: Yes, sir. .Mayor Ferre: All right, further discussion? Cali the roll. kfl SEP �98� Upon being seconded by Commissioner Lacasa, opted by the following vote - the motion was passed and - AYES Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummier, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 9. CONDOLENCES IN THE DEATH OF MR. ROY WILKINS, NAACP. Mayor Ferre: We also have, ladies and gentlemen, a resolution expressing sympathy for a great American who just passed away a few days ago. Father, do you want to make the motion? The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 81-749 A MOTION EXPRESSING THE DEEPEST SYMPATHY OF THE CITY COMMIS- SION ON BEHALF OF THE CITIZENS OF THE CITY OF MIAMI UPON THE DEATH OF ROY WILKINS AND RECOGNIZING HIS ACCOMPLISHMENTS IN THE FIELD OF RACIAL EQUALITY TO THE BETTERMENT OF EVERY COMMUNITY IN THIS COUNTRY. 10. OPEN BIDS: AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C. Mayor Ferre asked if there were any objectors present to Item #66. NO OBJECTORS APPEARED. Mr. Cather: The estimated cost of Auburn Sanitary Sewer Improvement is $3,150,000. The estimated cost of the City Wide Sanitary Improvement is $270►000. This being the date anc time aivertised for receiving sealed bids for Auburn Sanitary Sewer Improvement SR-5475-C, the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 81-750 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER rOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: AUBURN SANITARY SEWER IMPROVEMENT SR-5475-C. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Madsen -Barr Corporation Intercounty Construction Corp. of Fla. Giannetti Bros. Construction Corp. Martin -Chaney Equipment Rentals, Inc. Goodwin, Inc. Roenca Corporation & Associates Lanzo Construction Co. Iacobelli Contracting, In%.. I- OPEN BIDS: CITY WIDE SANITARY SEWER MMUSIONS ImpxOVEHE2ft SR-5476-C. This being the date and time advertised for receiving sealed bids for City Wide- 1981- Sanitary Sewer Extensions Improvement SR-5476-C, the Mayor announced that the City Commission was now ready to receive sealed bide: The following resolution was introduced by Commissioner Plummer Who moved its adoption: RESOLUTION NO. 81-751 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: CITY WIDE -1981 - SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5476-C. (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 Armando Lacasa Commissioner J. L. Plummer, Jr. ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: D.M.P. Corp. Joe Reinertson Equipment Co. P.N.M. Corp. Frisa Corp. Lanzo Construction I I 1 t t 12. CONTINUED DISCUSSI014 014 CABLE TELEVISIOF: REQUEST $200,000 YEARLY DONATION BY SUCCESSFUL AWARDEE(S) TO BE ALLOCATED FOR WAR ON DRUGS 13. COKIISSION POLICY ON PROCEDURE: NO MORE THAN ORE SUBSTITUTE MOTION AT A TIME SHALL BE CONSIDERED PRIOR TO ACCEPTING ADDITIONAL SUBSTITUTE 11OTI01qS (SEE LABLE 14' FOR CONTINUED DISUCSSION ON CABLE TELEVISION) Mayor Ferre: We're now, Mr. Manager, back to Cable Vision item, and you are now going to explain to us the conclusion of your negotiations and your recommendations. Mr. Gary: Mr. Mayor, members of the City Commission, pursuant to the directive of the City Commission on July 23rd, 1981, that we negotiate a cable license with Americable, two public meetings were scheduled for August 28th, and September 3rd. Prior to the meeting, you encouraged us or directed us to hire the best, or one of the best law firms in the country with experience in cable t.v., as well as to continue the services of Mr. Carl Pilnick. Collectively, the cable consultant, as well as the legal consultant in conjunction with the City Attorney and myself developed a cable license which we know is the best in the country, as well as the toughest in the country. As a result of that, you have in your package a letter from Mr. Pilnick which was read earlier by Commissioner Plummer, in hip estimation feeling that we do have not only the best cable license in the country, but also it would insure that all of the significant weaknesses that were raised initially in Americable's proposal were eliminated. At this time, I would like to introduce you two members of the firm of Arnold and Porter, namely Mr. Paul Reyerson, and Miss Stephanie Philips who at this time would explain the particulars of the cable license. After that time, I would like Mr. Carl Pilnick to give you his evaluation from a technical perspective as relates to this license. Mr. Paul Reyerson of Arnold and Porter. Mayor Ferre: Go ahead. Mr. Gary: Can we get the mike on? Mr. Paul Reyerson: Is that better? You have before you a 102 page _ proposed ordinance that I think is fully described in the document prepared by Mr. Gary's office which accompanies it. I'd just like to take a few minutes to run through what we feel are some of the highlights, or are relatively unusual features of this proposed ordinance. Article I contains the definitions, Article II is the first substantive provision. It provides for the grant of a non-exclusive revocable license to construct, operate and maintain a cable system. Under Article II of the ordinance, the City expressly reserves the right to grant additional licenses at any time. The license provides, or the ordinance provides for a license with a 15 year initial term which may be renewed at the option of the City for additional periods. .1— license is subject to termination upon change in ownership or the control of the company unless the City consents to such change. There is a particular provision providing for the possibility of an early transfer of ownership or control which provides that if the system is transferred or sold prior to completion of construction, or within 15 years, or within 5 years of the effective date of the ordinance, the company forfeits its security bond, which as we'll describe later is in the amount of $2,000,000, and also would forfeit all proceeds of the sale in excess of the company's then book value. The ordinance also provides that within 90 days of the effective date of the ordinance, the company must deliver to the City Manager forecasted financial statements prepared in accordance with generally accepted principles. Mayor Ferre: I'm sorry, I didn't hear. What was that? 90 days has to do what? Mr. Reyerson: Within 90 days after the effective date of the ordinance if it's adopted by this Commission, the company would be required to provide to the...would be required to provide the City Manager's office with forecasted financial statements for the company's operations. I 9 t1I ,e*� Mayor Ferre: That was the word I thought I heard you say, forecasted. Mr. Reyerson: Right. Financial forecast prepared in accordance with generally accepted accounting principles. In other words, there is a procedure that is recognized in the accounting industry for the certification by public account of forecasted financial statements. As opposed to the more traditional financial statement of actual results. Under these principles, an independent account is required to satisfy himself that the assumptions made by the company with respect to matter that would affect its future performance are at least reasonable. So in addition to requiring that kind of a statement be provided, the ordinance also requires that the financial backers of the company review that statement themselves, and submit written commitments that they are still prepared to provide the financing necessary to complete the system. Mayor Ferre: This must be done within 90 days. Mr. Reyerson: Within 90 days after the effective date of the ordinance. If that information is not submitted to the Office of the City Manager, or if the City Manager makes a determination that in his judgment the company is not financially capable of completing the obligations set forth in the ordinance, then he would report that fact to the City Commission, and the City Commission would have the express power on his recommendation to void the ordinance at that point, void the license. The service requirements required by the proposed ordinance are set forth in Article III. Specifically, the system must comply with various technical specifications and performance standards which will be submitted by the company within 30 days after the effective date of the ordinance. Again, for approval by the City Manager, and again, with the provision that if those specifications are not acceptable to the City Manager, the Commission upon his recommendation, may void the ordinance or the license at that point. There is a provision requiring that the system shall cost no less than $45,000,000 to construct. The basic service provided on the system must include the full range of potential services as set forth in Appendix "A", which is at the back of the ordinance, and part of the ordinance, and it includes a full range of over the air broadcast signals, importation of a number of signals from other areas, municipal and public access channels, a variety of automated services, satellite distributed video services, and the like. The company was must also offer under the ordinance a full range of auxiliary services, pay television services, j and the like, as required and set forth in Appendix "B" to the ordinance. ( The ordinance provides that the cable system must contain a minimum number 1 of 6 video channels that will be available for commercial leasing by independent programming producers. Open, non-discriminatory access to the lease channels must be made available in discreet time segments of reasonable duration on a first come, first serve basis. In other words, what this ordinance essentially would do is make the cable company its own competitor, in a sense, by standing ready and willing to offer at reasonable rates programming capacity to independent producers who may want to get on the system. The ordinance also provides that if there's sufficient demand, the City Manager can determine that au.:'tional leased access channels must be made available by the company. The company ?' is obligated at the request of the City to interconnect the system on —: a regional, state, or a national basis if that becomes the state-of-the-art. The company is required to construct and install a fully two-way interactive institutional cable, the management and utilization of which may be placed under the jurisdiction of the City Manager for such purposes as the City would deem appropriate. Finally, there is a catch-all provision In Section 310 which basically includes an obligation to equal the state-of-the-art in technology as it develops throughout the period of the license granted under the ordinance. Article IV, deals specifically with public, community and access services and local origination program. Under Article IV, the company is required to supply a minimum of 20 channels for municipal and non -municipal public access uses.' The City Manager to allocate the channels among these two uses. The ordinance authorizes the establishment of an independent, non-profit community access corporation which would manage and allocate the use of the non -municipal public access channels. During the term of the license, in addition to other specified commitments that we'll get to in a moment, the SEP 1 Q 1� Mr. Reyerson (continued): company will be required to commit at least $2,000,000 for the purpose of providing facilities and equipment to permit full utilization of the access channel capacity of the system. Starting in the third year after the effective date of the ordinance, that is when the system under the probable construction schedule will start operating at full swing, the company will contribute at least $1,000,000 on an annual basis for access purposes. The company will provide direct financial support to the community access corporation in the form of a start up contribution in the amount of $200,000. The company is required, as specified in detail in the ordinance, to provide local origination programs, including specifically minority and bilingual programming, in accordance with a detailed plan, again, to be submitted to the City for its approval. The company is required to make annual contributions above and beyond the matters we've just talked about in the amount of 3% of their gross revenues, or $600,000, whichever is greater, for a variety of cable related purposes. The City will use this contribution, the 3% or $600,000 contribution, to stimulate community use of the public access services, in part to provide direct financial support to the community access organization, to experiment with institutional uses by city agencies of the institutional cable that will be part of the system, and the like. Article V of the ordinance, sets forth a variety of other public services that the company will be required to provide. A couple worth noting include the obligation on the company to t4ke affirmative steps to insure maximum practical availability of services to handicapped persons, and a requirement that public buildings be connected to the system without charge, and that basic service be provided to one outlet on each floor of designated public buildings. Article VI of the ordinance, deals with construction, operation and maintenance of the system. Construction, under the ordinance, must be completed within 3 years after the effective date in accordance with a schedule for construction as set forth in a plan, again, to be submitted to the City Manager for his approval. In other words, the City will have control over the areas and the order, the sequencing of construction throughout the City. To guarantee timely construction and to permit the City to recover for any damages that might incur. The company will also be required to maintain a construction and performance payment bond in the amount of $3,000,000. Article VII of the ordinance, deals with oversight and regulation by the City. Specifically, it provides for the establishment under the jursidication of the City Manager of a cable communications agency responsible for administration of the terms and conditions of the license. Article VII also provides for mandatory public hearings at certain specified times throughout the period of the license which would be preceded by required reports, first from the company on its performance on a number of specified matters under the license and also a report by the City Manager's office to the Commission regarding the City Manager's evaluation of the company's performance to date under all of the obligations of the license. The City Commission would be given broad authority to take such action as it felt appropriate at these periodic reevaluation public sessions. The ... Article VII also contains a variety of reporting requirements and a requirement that the company make available its books and records on a completely open brQ+R for the City. Article VIII of the ordinance, deals with the company's rates. The rates and charges for the various tiers of basic subscriber service must be in accordance with the amounts specified in Appendix "C" to the ordinance. The rates specified in Appendix "C", I just might note, are approximately 30% below across the board those originally proposed by the company. Rates for auxiliary services, pay cable services, similar services, must not exceed the amount specified also in Appendix "C". That is that those rates shall not exceed the amounts set forth in the company's original proposal for the same period of time that the company committed not to raise those rates. Mayor Ferre: Now explain that in English. Mr. Reyerson: In other words, the company has cut its basic subscriber rates by 30%, while at the same time promising to hold by its orginal rates for all paid cable services... Mayor Ferre: For what period of time? E� l i lj�z Mr. Reyerson: At least through the completion of construction. Mayor Ferre: Completion of construction. Mr. Reyerson: Of the system. 3 years. Mayor Ferre: Well, what happens beyond that? Mr. Reyerson: Beyond that, the company could be ... the company's basic rates would be completely subject to regulation by the City. Mayor Ferre: By the City... Mr. Reyerson: By the City of Miami. Mayor Ferre: Would you please make a note of that because I need to come back and address that issue as to the legality of that, and if it is challenged in court, that the City has no authority to set those rates, could it be overturned. That's a very key point in this whole thing. Mr. Reyerson: Let me make that clear, that the authority to regulate rates that's provided for in this ordinance, the general authority to regulate rates deals with rates, with basic subscriber rates, basic service rates. There is under current FCC regulations, the City does not have the authority to regulate rates for services outside of the basic service. Mayor Ferre: So now that you've gotten into it, answer the question. How can, if 6 months from now after they're awarded, they challenge the legal right of the City of Miami to set any rates beyond the 3% as in the Congressional, could they, therefore, based on that overturn our - position? And what assurances do we have? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Well, I mean, but you see, they may have certain constitutional rights that in effect we cannot abrigate, or they cannot, we cannot —it's a constitutional question. If I'm not mistaken, there is another company that is sueing a City on just that item and it's going to the Supreme Court of the United States, so please address that. Mr. Reyerson: The appendix, insofar as the ordinance deals with pay cable rates, it does nothing beyond incorporate in the ordinance what the City, what the company voluntarily proposed in its initial proposal. That is it incorporates the rates for pay services that the company proposed for the same time period that the company proposed to hold to those rates. Mayor Ferre: In other words, that can't be changed? Mr. Reyerson: They cannot raise those rates under the terms of the ordinance. There may be —there may be a question. There is a question whether the City has the power to regulate rates beyond basic service. Mayor Ferre: And if that case that is headed to the Supreme Court, if they take jurisdiction and rule that cities do not, where does that leave this City? Mr. Reyerson: That leaves thip City under the terms of this ordinance with the power to decide to do what it wants to do with the rest of the ordinance, and we'll get to that a little bit later. Mayor Ferre: In other words, there's enough muscle —look, I'm not a lawyer and I need to get thip in English, see. And I need to understand, is there enough muscle in here to make these people do all of these things, even if the -Supreme Court rules against cities doing this. Mr. Meyerson: There isn't enough muscle in here to allow the City to regulate rates if the Supreme Court says the City cannot regulate pay ' rakes. But there... 48 SEP 10 1981 Mayor Ferre: Are there alternatives... Mr. Reyerson: ...there are alternative provisions in there that deal with that situation. Mayor Ferre: Are there alternative provisions should the Supreme Court of the United States rule against cities having this right, where we can deal with Americable or whoever is the awardee of this license, so that we can deal effectively? CAn you answer that? Mr. Reyerson: Yeah, there are two or three ways that the City can deal with Americable in that event. First, there is a provision in Article XV to the effect that the City expressly reserves the right to cancell, terminate or amend the license in the event that the City determines that substantial and material compliance with the original terms of the license has been frustrated by any act of any other governmental agency. In other words, the City reserves the power to change the terms of the license if the City determines that the original understanding, and the total complex of provisions has been substantially altered by a subsequent action. Mayor Ferre: All right. So the answer to my question, therefore, is to the beat of your knowledge as an attorney, the answer is yes. Mr. Reyerson: Yes. Mayor Ferre: Thank you. Mr. Reyerson: Article IX deals with compensation payable to the City during the period of the license. Article IX provides that the company shall pay to the City, and this is above and beyond the commitments we have already talked about, but will pay to the City in the form of an annual license fee, 5% of annual gross revenues. There is also a provision that if the present FCC limitations on municipal license fees is removed, or found to be invalid by a court, then the City in its discretion, may raise the basic license fee as high as 10%. Above and beyond the 5% revenue commitment, there is a minimum quarterly payment required from the company in the amount of $225,000, or $900,000 a year. Under the terugs of this license, that money will be paid to the City regardless of the revenues of the company, although to the extent that in later years in the period of a license, 5% exceeds that, the company may credit its orginal payments to that amount. But what this essentially does is it insures that the City receives funding for its regulatory efforts during the early stages of the license period when the city has substantial responsiblities, to monitor construction, to deal with the issues that are likely to arise in the early stages of the license in the operation of the system, before the system is generating substantial revenues. Mr. Plummer: What about conversely that if the day comes and the state - of -the art, as we see it rapidly changing that they no longer need the public right of way. They do it by micro -beam or whatever, are they obligated under this contract for a minimum payment for the 15 years whether they use our public right of way or not? You see, this was prompted by Southern Bell when they came before us with their franchise said that they day was here where they would no longer have cables up on a pole. That they're going to send it through a little thing that will carry 12,000 conversations, and it goes underground. Now, if the day comes that they don't need what they're getting in this franchise, which is my understanding the public right of way and the use of the poles, is there still an obligation on their part for the 15 years. Mr. Reyerson: There is, as this is drafted, a literal obligation to pay the $900,000 on an annual basis. I believe if you, if the City attempted to extract that and there were no revenues on the system, there might be an issue as to whether the City could do that. Mr. Plummer: That was not ,my point. i ,I { 1= 49 I Ewa — Mayor Ferre: Yeah, but J. L., the answer to that is by the time that day comes around, these people will have expended $45,000,000. Mr. Plummer: But Mr. Mayor, they might have expended it, but they still would not be obligated to the City. They are paying us for the use of the public right of way. Now, if the state-of-the-art, and we've already seen it, a lot of places are getting it through micro, whatever you call that disk. What happens if that investment is paying off but they don't use our public right of way? Are we still going to get the $900,000 a year? Mr. Reyerson: I must say, as a practical matter, I think they would probably stop paying it to you. Mayor Ferre: And there's nothing you can do because let me tell you what would happen, see. What would happen is this. They would do it in another corporate name. And yes, you could sue them. But if they have no income coming in what can you do? Mr. Plummer: Somewhere we're losing something. I never said anything about no income coming in. I'm assuming that they are still in business, they are still making a profit, but they just no longer need the use of the public right of way. Mayor Ferre: They would use a separate corporate name, Plummer. Mr. Plummer: They've still got to pay us though. That's the point I'm trying to make. Mayor Ferre: Yes they still have to pay you. But the point is that if the company is vacated and all they ... and they have no incoming in, you could sue the company, but there's nothing you're going to get out of them because there's nothing to get. Unless you vant all the wires and all the... Mr. Plummer: $45,000,000. Mayor Ferre: Oh yeah. I think you can put in here, I think that's an excellent suggestion, that should that ever occur, and that we can successfully prove that they are going to the same customers and getting through another corporation and that this is a subterfuge, that then we as compensation would be entitled to whatever assests that corporation has. Can you do that? Mr. Plummer: Well Mr. Mayor, the point I was trying to make, look... Mayor Ferre: That's a very valid point. Mr. Plummer: We need to know and project our budgets. Okay? Now, are we going to be sitting here from a financial standpoint, fully comfortable that for the next 15 years we're going to have $900,000 regardless. Mr. Gary. Mr. Gary: My interpretation in discussions with the attorney's and the consultant is that we're guarnateed $900,000 for 15 years. Mr. Plummer: Okay, that's what I want to make sure of. Mr. Gary: Minimum, minimum. Mr. Plummer: Look, I fully understand, if the company for somehow or another went broke, you can't get blood out of a turnip. Mr. Gary: Yeah,but we got the license back. Mr. Plummer: Okay, we get the license back. Fine. But if they're still making money and the state-of-the-art changes where everything now is coming in, you can buy a disc for your house for $33 from Radio Shack. Okay? They go to that kind of a system. Are we still going to get the money that they are obligated for 15 years? Mr. Gary: Yes. 50 SEP 10 1981 i Mr. Plummer: That's what I want to know. That's important. Mr. Reyerson: Article 10 is somewhat related to that concern. It provides for a cash security deposit by the company in the amount of $2,000,000 which is to be deposited with the City within 10 days of the effective date of this ordinance. And that money would be available to satisfy a variety of specific dollar penalties which are contained in the ordinance for variations of various obligations. And it would be also available in the event of a flat out default by the company on its obligations under the ordinance. Father Gibson: Who gets the interest off that money? Mayor Ferre: Who gets the interest off of the money is the question. Mr. Reyerson: I'm sorry I did not hear... Mayor Ferre: The question was who gets the interest off of the money. Mr. Reyerson: The interest off the money is paid to the company on an annual basis. Mr. Reyerson: Article 11 sets forth a variety of purchasing, training and employment requirements. Specifically, Section 11.01 sets forth a local purchasing and hiring policy to the extent that insofar as practical, the company will employ residents of the City in connection with the construction, operation and maintenance of the system. There are provisions for non-discrimination in hiring, for the compliance with an affirmative action plan to be submitted by the company to the City Manager. There is a requirement in Section 11.04 of the ordinance that the company conduct a job skills training program. There is a requirement in Section 11.06 that the company make reasonable good faith efforts to procure at least 20% of its contracted expenditure from qualified minority _ business enterprises. There is also a requirement in Section 11.07 that the - company make reasonable and good faith efforts to attract minorities as investors in the company. Article 12 deals with expiration or possible termination of the license. It provides for a procedure for termination - in the event of a determination by the Commission of a violation by the company of any material term or condition, or for other specified reasons. It provides that the company may acquire the system upon termination or expiration for fair market value, or the City may require that the company remove, at the company's own expense, the system from the streets and restore the streets to substantially their original condition. Article 13 sets forth the various procedures that would apply near the end of the initial 15 year term, providing for a public hearing process on a possible renewal. Article 14 sets forth a variety of individual subscribers rights. I'll just mention two of them briefly. A requirement that the company not discriminate in providing service and that it, consistent with the construction schedule for the system agreed upon with the City, that it provide service to all subscribers in the City. Article 14 also contains procedures for the handling of subscriber complaints and various protections for the privacy of subscribers that would oe relevant for the use of interactive systems. Finally, there are a variety of provisions set ; forth in Article 15, the miscellaneous section, the principle one is the one that I think I've already highlighted, and that is that the City expressly reserves the right to cancel terminate, or amend the license in the event that the City determines that substantial and material compliance has been frustrated by any acts, any subsequent acts of their jurisdictions at the State, County or Federal level. Mr. Gary: Mr. Mayor, the point that you raised, he just went over. I'd like for him to highlight it as this time in terms of what occurs if other jurisdictions requires changes in the way cable t.v. business is done. Mr. Reyerson: Yeah. This is the provision that I referred to earlier in the discussion of the City''s rate regulation powers. And I'll just read the summary I have here. The City reserves the right to cancel terminate or amend the license in the event that the City determines that substantial and material compliance with the original terms of the ordinance has been frustrated by any act of the State of Florida, Dade 151 Mr. Reyerson (continued): County, The FCC or any other agency of the Federal government in subsequently requiring the company to perform any act which is inconsistent with any of the provisions of the ordinance. think this, of course, doesn't hit everything that's in the 101 page document that's before you. I tried to hit the highlights. I would just say, as I said in the letter which has been distributed to you, that certainly based on our review of cable licenses or franchises in other jurisdictions, you will look long and hard, we feel, to find one that in total contains provisions that are more favorable from the City's standpoint. Mr. Plummer: Are you open for questions, sir? Mr. Reyerson: yes, sir. Mr. Plummer: Mr. Mayor, sir, without my searching through a 102 page document, I'll ask you to please assure me that the following items basically are included. First, that all expenses pertaining to the selection process is to be borne by the licensee. Mr. Reyerson: That is the case, yes, sir. Mr. Plummer: That is definetly in the contract. Mr. Reyerson: Yes. Mr. Plummer: Is there in the contract, sir, a provision that I had asked for from day 1 that none of the monies pledged to the Miami system could be used towards another city's system. What do I mean? Let's assume they give you a letter, Mr. Gary, producing a letter of credit for $50,000,000 of financing. That none of that $50,000,000 can be used by the successful bidder and pledged towards another bid in another City in the contract? Mr. Reyerson: Well, what is in the contract is the requirement that the City Manager be satisfied by the financial commitments that are to be provided within 90 days of the effective date. As the ordinance is now drafted, that would essentially be the City Manager's judgment as to whether the letters received were satsifactory. Mr. Plummer: I don't agree with that. They go an apply to a financial institution for $50,000,000, hypothetically. They receive that $50,000,000. I don't know that that commitment would insure that all of that $50,000,000 has to be spent on the Miami system. The danger that I see is what I refer to as parlaying. Working on margin. That they could in effect pledge part of the Miami financing in another City in bidding for another cable company. I want to prevent that. I want that if their letter of credit is $50,000,000 to the City of Miami, that in some way that that $50,000,000 is restricted and can only be used for the Miami system. It does not speak to any profits that they might make. They can do what they want with their profits. Hopefully. they'll spend them all here. But I want some protection in that contract that that letter of credit that they will give to the City Manage within the 90 day time frame is restricted only to the Miami system. Is that in the contract? Mr. Gary: No, it's not. Mayor Ferre: All right. Can you put that in the contract? All right. I'll tell you what I don't want to do now is really bog down in a detail when we've got a long way to go on a lot of things. So... Mr. Hermanowski: The bank will insist that that you in. Mayor Ferre: What's that? Mr, Hermanowski: The bank insists that that clause go in the loan and security agreement. Mayor Ferre: So you have no objections to it? 52 i - ? Mr. Hermanowski: Absolutely not. Mayor Ferret Then would you have any objections to putting in legal language? Mr. Reyerson: No. Actually, as I said, the City Manager will make a determination as to whether the financial commitments are satisfactory. Mayor Ferret Sir, just answer the question yes or no. The question is b: do you have any legal objections to putting in Commissioner Plummer's request as he's expressed on the record, in legal language in this contract. - Mr. Reyerson: No, sir. Mayor Ferret All right. And then, I assume that you're instructing that that be done. Mr. Plummer: Sure. Mayor Ferret All right. Does anybody disagree with that on this Commission? Okay. Go ahead. - Mr. Plummer: Sir, Mr. Pilnick, and I can maybe ... you don't have to answer this. He can answer this, either one of you. Mr. Pilnick told us, air, in one other contract that he had negotiated, I think it was New Orleans, I could be wrong, that beyond what was negotiated by the Manager, that a $400,000 public library, Mr. Pilnick, am I in the ballpark? Mr. Pilnick: That's correct, Commissioner Plummer. Mr. Plummer: Was it New Orleans? Mr. Pilnick: Yes. Mr. Plummer: And they, beyond what was negotiated originally got an additional $400,000 for a public library system. Mr. Pilnick: That in effect was an additional item demanded by the council after the staff negotiation was complete. Mr. Plummer: Now. Mr... Mr. Gary: Reyerson. Mr. Plummer: Mr. Reyerson, this contract which is provided to us today, is there any prohibition on this Commission that we cannot negotiate a further provision, benefit to the City? Mr. Reyerson: I think the City Attorney ultimately speaks to the procedures - here. As far as I'm aware, there's no reason why the ordinance that's before you is the only ordinance you can consider. No, you can negotiate what you want. Mr. Plummer: Mr. City Attorney, high-priced help. Sir, there is one other thing that I want as a benefit to this City beyond what has been negotiated by the Manager. Am I, as a City Commissioner, allowed to make a motion to extract an additional benefit? Mr. Knox: Well, you are, sir, allowed to make a motion and the City Commission can by that motion express its will or opinion to the City Manager. But, you are reminded, as you always are, that those precise kind of directives are not binding on the City Manager. But you do have some ultimate authority. Mayor Ferre: See, that's not the thrust of his question. The thrust of his question... Mr. Plummer: Yeah, I'm losing something. 53 41f Msyor Terre: Yeah. Well, see what George is saying is that you cannot force the City Manager to do something. Of course, you can remove the City Manager and the next City Manager can do it. But... Mr.Plummer: No, no. I don't... Mayor Ferre: But, no, no, no. Wiat wait. Plummer's point is can this Commission negotiate with and extract an additional benefit contractually in this agreement in the future. In other words... Mr. Plummer: Future no. Today. Mayor Ferre: Today, today. For example, can Plummer say that the interest would go to the City of Miami, which I can tell by his smile, I'm getting so good on it I can read people's smiles. I could tell from his smile that when he said that, that that was his intention. Now, can he make that motion in this negotiated agreement. And it seems to me, remember that the City Commission delegated to the Manager... Mr. Plummer: The final authority. Mayor Ferre: ...the right to negotiate. The Manager is recommending a contract, but we are not bound to all of that contract, any portion of it, or we can expand on it, if that's the will of the majority of this Commission. Mr. Knox: Yes, sir. Mr. Mayor, I must be precise. When I was talking about the ultimate authority, I was certainly not talking about dealing with the Manager but I was talking about the... Mr. Plummer: You might be dealing with the City Attorney. Go ahead. Mr. Knox: I know I wasn't talking about that. Mr. Plummer: You might not.be, but we might. Go ahead. Mr. Knox: You will be adopting the ordinance, and of course, your rules of procedure in the Charter provides that any of you may make a motion to amend an ordinance in any manner that you would choose to. And this is not a contract. There were not negotiations. This is an ordinance that the City Commission has the power to amend pursuant to its regular procedures. Mr. Plummer: All right. Let me quit beating around the bush. Mayor Ferre: So the answer is yes. Mr. Plummer: Let me quit beating around the bush. If and when a motion i comes for the final selection, Father I thought was going to run, the monies that is the interest on the $2,000,000, I will be making a motion 3 before this Commission that the winning license will have to obligate itself for an amount of $200,000 a year restricted to the Police Department, ! to be used at their discretion, for the fighting of the drug war. That's a $200,000 account. Now, as I as a Commissioner, allowed to put that in? That's what I'm getting to. Now, if they got $400,000 for a library system, I'm going to get $200,000 for the most important problem in this City. Mayor Ferre: Mr. Plummer, the chair will accept that in the form of a motion, that that be included in the contract. Of course, Mr. Hermanowski can turn it down. That's something else. Mr. Plummer: His choice. Mayor Ferre: Now, at this time, I will recognize you so that we can move along for the purpose of making that motion as stated. Is there a second to the motion? MT. Lacapa: Second. Mly6t Farte: All tight, is thete further discussion on the motion as stated? Call the roll so that we formalize it. The following motion vas introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-752 A MOTION OF THE CITY COMMISSION STIPULATING THAT THE SUCCESSFUL AWARDEE OF THE CABLE TELEVISION FRANCHISE FOR THE CITY OF MIAMI SHALL MAKE AN ANNUAL DONATION OF $200,000 TO BE USED BY THE POLICE DEPARTMENT, AT ITS DISCRETION, FOR THE EXPLICIT PURPOSE OF FIGHTING THE DRUG WAR IN THE CITY OF MIAMI Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: 1 AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Carollo. Mr. Knox: Mr. Mayor, again, for the purposes of the record, I assume that you have manifest your intention... Mayor Ferre: That's correct. Mr. Knox: ..should you adopt the ordinance to amend the ordinance to reflect the concern that has been expressed. Mayor Ferre: Yes, sir. And I would instruct the City Attorney to prepare the proper legal languag6 to insert into the ordinance so that upon adoption, if it is adopted, it will be included at this time. Mr. Knox: Yes, sir. Mr. Lacasa: I want to clarify something with the City Attorney. George, I'm voting to include that benefit to the City in the ordinance, but in no way, shape or form, that indicates my intention to vote for this particular ordinance as a whole, at this particuler time. Mayor Ferre: That's understood. Mr. Lacasa: Is that understood? Mayor Ferre: All right. Are you finished? Mr. Reyerson: I think it may be appropriate to comment on the proposal, Commissioner Plummer. There is currently an FCC limitation of 3% or SX with a waiver. This ordinance presently provides for the maximum parmissable franchise fee under the FCC regulation. The ordinance also provides for a number of additional forms of payments or contributions which are not in the nature of franchise fees, and which are deemed, which are related to cable services, or the development of cable services which are available to the residents of the City. In other words... Mayor Ferre: Counsellor, let me cut you short. The intent of the Commission is, of course, within the law. Now, if it is out of the law, then obviously that's something that you'll have to report back at the proper time and the Commission will have to accept that. We have no other choice, do we? I mean, if there are regulations that are established that are Federal in nature, that obviously supersede City law in an ordinance, 55 SEP 10 19$1 Mayor Ferre (continued): obviously we're bound by them. And neither Plummer nor I, nor anybody else here feels that we can superimpose our will over whatever the rule is. Mr. Plummer: I don't want to make it that easy, Mr. Mayor. You know, if this man is...Pilnick is telling me $400,000 for a library system. Okay. But what a minute. There was that category, Mr. Mayor, in reference to services to the community. All right? Mayor Ferre: Fine. Mr. Plummer: Now if they can give a $200,00 mobile whatever it is studio, then this can be put under the community. Mayor Ferre: That's correct. Mr. Plummer: So I don't want to let them out. Mr. Knox: Would you please allow the Law Department, in concert with the consultants to draft some language that would satisfy your intent. Mayor Ferre: And Mr. City Attorney, in the drafting of your language I sense that it is Plummer's intention, with which I concur, and I'm sure the rest of the Commission does, that if you cannot do it in the way that he has expressed it, that something else should give. And what I guess he's saying is that fighting the drug war is more important than getting a mobile library unit, as important as a mobile library unit is. Mr. Knox: Yes, sir, we can fashion the appropriate language. Mayor Ferre: All right, can you continue now or are you concluded? Mr. Plummer: Mr. Mayor, that's all of the questions I have at the present time. Mayor Ferre: All right. I do have some questions of you, Mr. Reyerson, and of Mr. Pilnick. If Mr. Pilnick would please come forward. Let's start first Mr. Reyerson, with you and with Mr. Knox, the legal question. It is my opinion that the contract that is before us and the ordinance is a totally, I won't say different, but how can I express it without getting into a lot of legal problems. It is somehow not what was bid during the procedure where offers were made to the City. It has been subsequently negotiated. Now obviously, there has to be room for change and improvement and all that. My question to you, air, is in your considered opinion, is this ordinance a legal document for the City of Miami Commission to adopt? And if it is a legal document, will you tell us on the record that you feel that you can successfully defend this ordinance should it be challenged in court, federal or state, and that you feel that it is not substantially that different. Or, perhaps that it is substantially allowable to come out of the negotiating procedure with this packet. Mr. Reyerson: Mr. Mayor, I think in any situation there are litigation risks. Mayor Ferre: I'm well aware of that. That's not my question. Mr. Reyerson: The issue I think in a cable situation is are the risks reasonable. It's certainly our judgment that they are, and that the differences here, although a court could see them differently, in our judgment, are refinements of the requirements originally proposed by the City in its ordinance of December 1980. The variations are ... build upon the requirements of the original ordinance and in the process thats occurred here, we think it's defensible. Mayor Ferre: Okay. In other words, you're telling me now, and I assume that you are speaking for your law firm Arnold and Porter... Mr. Reyerson: Yes, sir. SEP 10 198, Mayor Ferre: That it is the opinion of Arnold and Porter that what we have here are refinements of the contract, and that it is your opinion that you can successfully defend this in a court of law. Mr. Reyerson: I do not, speaking for Arnold and Porter, I am not going to render an opinion on the law of the State of Florida. I think that is an appropriate judgment for the City Attorney to make. We have talked with ~i him about this issue, we have no reason to differ with his opinion in the issue, and in terms of general law, requests for proposal procedures generally, this seems to us to be a situation where you have refinements of an original proposal, and given the language in the original ordinance, we think this is an acceptable procedure. Mr. Plummer: Look, let's simplify it. I'm assuming you studied from beginning, ground zero, the procedures we went through. Okay? That you're familiar with them. One of the company's has stated in the • morning tabloid that it a Americable gives 10 cents more than their original bid, they were going to sue. Now, there's been some denial of that by the company that that person represents. This does exceed by 10 cents that which was the original proposal. In your estimation, what is our defensible chance in a court suit if it is brought as threatened. Mr. Reyerson: Excuse me. I think the City Attorney wants to address that issue. Mayor Ferre: Excuse me, but that was a call to my uncle in Puerto Rico that I've been trying to get for two days. All right. The question... i Mr. Plummer: Did you hear my question? i Mayor Ferre: I'm sorry, I was on a long distance call. i Mr. Plummer: Mr. Mayor, I was trying to simplify your question which says that one of the companies, in the morning media had threatened to sue if we got 10 cents more out of Americable than their original bid. Now this settlement is more than 10 cents. If they stand good on their threats, what is our defensible position and chances of winning in court. { That was really the... Mayor Ferre: What was his answer. Mr. Plummer: He didn't. He was waiting for you. Mayor Ferre: Yeah. He also said, I cannot, I thought I heard you say you're not speaking for Arnold and Porter. Mr. Reyerson: No, I did not say that. Mayor Ferre: Oh, I'm sorry. Mr. Reyerson: No, I wanted to make clear that in our role as special council, we see the final arbitrar of legal opinions on law that affects the City of Miami, Florida law, as coming from the City Attorney's office. We have discussed these issues with the City Attorney, and our opinion as a general matter is that the procedures here appear to be proper ones and that they should be defensible in a court of law. That is no guarantee that a court would not determine otherwise. Mayor Ferre: Let me get one step further on that. Will your firm, if requested by the City of Miami, defend this matter along with our City Attorney in the proper jurisdiction should there be a lawsuit, and obviously, for compensation that we have to agree upon. Mr. Reyerson: Subject to the regular rules of any possible conflict that I don't foresee any conflict, yes. Mayor Ferre: Well, I want you to, see, I don't want you to tell me, yes I think it's a defensible contract and it's great, we get sued next week and we go to you and we say, well, look that's our opinion but we're just too busy to get involved in a lawsuit right now. I want you... if you're 15'7 SEP 1 01981 Mayor Nerre (continued): telling me that you think this is a defensible and a defendable contract, I want you to tell me you're going to stick With it. Mr. Reyerson: We would, we would be prepared to assist the City Attorney or serve in such rule as this Commission deems appropriate in defending it. Mayor Ferre: All right. Mr. Hermanowski, I need either you or Ken Myers because I want to put this on the record. If there is a lawsuit, and should we be challenged in court, I would like to make sure that we retain out'side council. I'm not saying that it would be Arnold and Porter, but the City would have to defend itself, but I think we would have to, along witE, our own in-house expertise, one outside council. I think it would only be fair that should you be the recipient of this franchise, I mean of this license, that you would bear the burden of that lawsuit. Mr. Hermanowski: Mr. Mayor, I think it'd be fair if we shared it. Mayor Ferre: Sir? Mr. Hermanowski: I think it would be fair if we shared the burden. Mayor Ferre: Is the answer yes that you would pay for the legal expense of outside counsel to defend. Mr. Plummer: That's not...there's a difference between sharing and paying. Mayor Ferre: I didn't ask him to share. Mr. Hermanowski: He said would I pay, I said yes. Mayor Ferre: That's his word share. I used the word... Mr. Plummer: I heard your word and I heard his, now where in between are se settled? Mr. Hermanowski: No. His last word was would I pay and I said yes. Mr. Plummer: The full amount. Mr. Hermanowski: The full amount. Mayor Ferre: Okay. What else have you got on that issue? Mr. Reyerson: Mr. Pilnick, did you have any comment? Mayor Ferre: No. Mr. Pilnick's not a lawyer so I'm not going to ask his legal opinion. Now Mr. Knox, your turn. Mr. Knox: Yes, sir. Again, in the interest of precision, I would like to point out, and I think the City Commission concurs, that there are various terminologies that have been used throughout this entire process that could mislead naive people. People have talked about bids, they've talked about negotiations, they have talked about contracts, they've talked about franchises. None of these words are appropriate to define the process that has been used. And for the record, I would indicate that your counsel advises that to the extent that these words are used, they are terms of art, and do not represent definitions of the process. Mayor Ferre: And let me as one of the prepetrators of the misusage of words state for the record that none of my words are in any way to be construed in legal terminology. I am not a lawyer. I am not aware of the technical differences between one or the other. I am talking in broad generic terms and I ... when I say license I think I know what I mean, but I'm not sure, and every once in a while I slip in the word franchise which I know this is not and so on. And I accept that you pointed that out, and I'm sure the rest of•the Commission does too. Now, answer my question, Mr. Knox. My question is is there any legal, in your opinion, in the statutes of the State of Florida, or the pertinent statutes that you have researched, in your opinion, is this ordinance a legal • SEP 0 )9� 11 Mayor Ferre (continued): ordinance, a concurrence with the document, and court of law? See... Mr. Knox: That was passed out... does it have your signature on it as are you ready to defend this in a Mayor Ferre: It does not have your signature on the back. Mr. Knox: The original document does bear my personal signature, and it is in the possession of the City Clerk. Those were advance copies that were distributed to the Commission. Mayor Ferre: In other words, the record reflects that the Clerk has in his possession a document which was signed by you and says it is approved as to form and correctness. Now, let me ask you the harder question. Do you approve this in the sense that this is not an expansion of the bid, but rather a definition, a refinement and if this is challenged in a court of law, are you ready, willing, and able to defend it as such? Mr. Knox:, Yes, sir. Father Gibson: Mr. Mayor, let me ask a question. If TCI had got this vote, Lid we were negotiating with TCI, and we added to TCI's contract, wouldn't we have been doing the same darn thing that we're doing now, or any other of these companies out there, let see, the 5 companies, any of the other 4, because just like you were able to get from Americable $250,000 for the fighting of drugs with the Police Department, if you'd gone to work and added to TCI or Vision Cable, or what is that Six -Star, whatever that is, wouldn't it have been doing the same thing? Mr. Knox: Father Gibson, this is a feature of this ordinance that is significant. And 1 think that our consultants and the City Manager would concur that the proposed ordinance that is before you would probably not be different in any material respect, irrespective of who the person with whom the City would transact this business would be. Father Gibson: Well, I just want to make sure so that, you know, there won't be any doubt about whether we want to vote or not vote, or we're going to be sued or not sued. If you go to law school for a day, you'll discover that that is a part of the procedure. At least the one I went to would teach you that. And I just want to make sure we're not ... because I don't want to mislead the public into thinking that Theodore Gibson would want to change, you know, right here. Since I had the authority to ask for more than I was getting, and it just so happened that I voted for Americable, then I said to Americable, I want a little bit more and to add it. They said yes, so that's, you know, I just ... Mr. Mayor, I'm not trying to, I just want to make sure because often times we who sit up here don't understand how we confuse those people out there. You see, I preach for a living and I happen to know that that happens every day. We who get up on that pulpit can do it to the people out there. And it won't be any different. If TCI had got that contract, Plummer would have asked for his $250,000 to fight drugs and that would have been added to the contract. That wasn't in it originally. So, my position is so that everybody would know, I say those of you who don't like the fact that we're going to give this contract to Americable and we don't like what that man said about, you know, moving those figures, man, that's why the courts exist and that's why lawyers go to law school so that they could get big fabulous fees to foster their causes. Mayor Ferre: All right. My next question is with regards to the legal ability of Americable to perform. And I would like to ask you first, Mr. Gary, if in your considered opinion, you feel that the City is sufficiently safeguarded, enabled to be protected, and whether or not you think Mr. Hermanowski can come up with the sufficient funds to complete what he says he can do. Mr. Gary: I'd like to respond to that in 3 ways. Firstly, the cable consultant even during the proposal stage stated on the record that all 5 companies were qualified. He still stands by that. Secondly, there are more than... 59 SEP o 1 198i Mayor Ferre: ability. I don't think that had anything to do with the financial Mr. Gary: I'm going to get to that. The second thing with regard to the safeguards that we have in this license ordinance, there are, in my opinion, more than enough safeguards for the City of Miami. Mayor Ferre: Explain. Mr. Gary: Particularly, we have insured that there is $45,000,000 to construct the system, which in our estimation, and I mean our, I mean the collective body, the collective team, is more than enough to build a top rate system. Secondly, we have a $2,000,000 cash security fund. Over and above that, we have $3,000,000 performance construction bond. In addition to that, we have a $10,000 per day late charge for every day their late behind construction. Based on that, I feel the City is more than protected with regard to the license. Now, with regard to their financial ability, I must inform you that the reason we have, I think it's 60 days, 60 or 90 days after the effective date of this ordinance, I think you will attest to that as being a business person, is that usually a banker is not going to commit substantial funds to any endeavor unless he's sure that you are successful bidder. Therefore, we are protected in that if they cannot demonstrate financial capability, and they have demonstrated some, by the way, by the time they are required to, this City Commission has the authorization to make the license null and void. So based on that, I am assured that the City is more than protected with regard to this license. Mayor Ferre: Mr. Gary, Mr. Hermanowski and Americable submitted a letter from a bank in Washington that they would be ready, willing and able to lend $24,000,000 to this enterprise. The request of the City is that it be a $45,000,000 project. Are you satisfied that that letter is going to be lived up to under these difficult financial times of the country, and that it will be increased to the amount of $45,000,000 when needed. Mr. Gary: Yes, sir. But I'd like to condition that... -' Mayor Ferre: Have you talked to the President or an officer of that bank, or have you had somebody visit and guarantee that that is insurance, or are you depending on the $5,000,000...$3,000,000 in bond, and $2,000,000 cash assurance. Is that what you're depending on? Mr. Gary: Well, I'm depending on two things, Mr. Mayor. First, the information we received to the bank is a conditional guarantee of credit. Mayor Ferre: I know. That's my next question. Mr. Gary: Now, the bank and as with all of the other companies that applied also, exception of one that had $30,000,000 in equity, will not give a guaranteed credit line until they are assured that they have the license. Mayor Ferre: A chicken -egg situation. Mr. Gary: Exactly. Now, we are protected in that if they cannot, if the City Commission decides to grant them that license, if they do not provide us with a guaranteed commitment from a bank, then it will be my recommendation to the City Commission that we withdraw Americable's license. Mayor Ferre: At what time of, Mr. Gary... Mr. Gary: 90 days after the effective date of this ordinance. Mayor Ferre: In other words, what you're in effect saying is that you do not have any assurances from the American Bank, or whatever it's called, in Washington, but that rather because of the provisos in the contract of the $2,000,000 cash, and the $3,000,000 bond that that gives you the assurance and safety that they will perform. Is that correct? Mr. Gary: Yes, sir. In addition to that —may I, because I think it's a key, Mr. Mayor. In addition to that, I will have before 90 days, so SEP 1 019$1 Mr. Gary (continued): $2,0W,000 cash security for the City of Miami. And Le if they do not fulfill their responsiblity, we obviously have $2,000,000 without doing anything. Mayor Ferre: That is precisely my question. And unless you can give me a real assurance, then I'm telling you right now, do not count on me. And here's what it is, Mr. Howard Gary. The question is this. I am not interested in whether or not in 90 days Americable is going to put up a $2,000,000 cash guarantee and a $3,000,000 bond. I am interested if after the signing of this ordinance, in the bank tomorrow there will be a $2,000,000 deposit, a $3,000,000 bond guarantee. Not in 90 days. Mr. Gary: No, sir. You misunderstood me. What I was trying to convey to you is that over and above the other security that we have, within 10 days of the effective date of this ordinance, we will have $2,000,000 in cash in our hands. Mayor Ferre: Within 10 days. Mr. Gary: Within 10 days and that's before 90 days. Therefore, if Americable does not comply with the provisions of this ordinance, $2,000,000 is the City of Miami's. Mayor Ferre: And the $3,000,000 performance bond? Mr. Gary: Well, the $3,000,000 performance bond obviously would be ours, but obviously they wouldn't have performed any construction. Mayor Ferre: Well, precisely. I'm sure it would be a collectible item. Mr'. Gary: Yeah. No, it is a collectable item, but I'm saying it's not cash though. Mayor Ferre: I realize that but if they... Mr. Gary: It's just a performance bond. Mayor Ferre: If a bonifide corporation gives you a performance bond, then if that performance is not done, that's what a performance bond is for. Is that correct, counsellor? Mr. Knox? Mr. Plummer: But how soon... Mayor Ferre: Is that correct, Mr. Knox? Mr. Knox: Yes, sir. Assuming that this is a performance bond and the obligation is not performed. Mr. Plummer: How long, we know that they've got to put up $2,000,000 in cash in 10 days. How long do they have to put up the performance bond? Mr. Gary: Let me find that section, sir. Mayor Ferre: All right, while you're doing that, Mr. Hermanowski, let mq ask you, sir. Mr. Hermanowski, of the total amount of money that will be expended by you and your company, how much of it will be equity, and how much of it will be debt financing? Mr. Hermanowski: It will be 1 to 1, debt to equity. Mayor Ferre: For every dollar of borrowing you'll have one dollar of... Mr. Hermanowski: That's right. Mayor Ferre: Are you at this point at a juncture where you are satisfied that you have a binding commitment from a bank or from a lending institution to lend you sufficient funds to meet that figure. Mr. Hermanowski: I have a firm commitment from my equity investors, Mr. Mayor, for $28,000,000 in equity. s1 in 1 Magdr Ferre: Is that in hand, I mean, do we have that in... Mr. Hermanowski: No. What you have, Mr. Mayor, is the equity agreement or equity letter that was sent by my investors predicated on my filing, with the changes that the City requested, especially the $45,000,000 to construct the system our proformas or projections in cash flows show a total construction need, or a total company need of $56,000,000. I have a firm commitment from my equity investors for $28,000,000 today. I'll obtain that in writing. I have a commitment. Mayor Ferre: I want to ask you just a question on that because there is a difference between a commitment and an irrevocable commitment. Mr. Hermanowski: Mr. Mayor, I've been doing these things for many years. I don't know what the difference is. When I tell you I have a commitment, I have a commitment. Mayor Ferre: Well, the difference is the guarantee of a bonifide...from somebody that it is absolutely irrevocable. Mr. Hermanowski: Well Mr. Mayor, when I have a license, we then proceed to have the equity investors put in their share of the equity. Mayor Ferre: And if they're not there? Mr. Hermanowski: I don't understand if they're not there. Mayor Ferre: The question is... Mr. Hermanowski: They're there, Mr. Mayor. Mayor Ferre: whether or not ... all right. But then, do we have absolute assurance of that. Mr. Hermanowski: Well, you have assurance, Mr. Mayor, in Mr. Gary's hands that I have $15,000,000 and that's the... representative of the limited partners. And the same representative of the limited partners. We've discussed the new needs and requirements for this sytem, has firmly committed to $28,000,000. And I will retain that in writing and as soon as I get it I'll give it to Mr. Gary. Mayor Ferre: Okay. Anything else you want to add to any of this, Mr. Pilnick? Mr. Pilnick: Well, I think that I would agree with... Mr. Hermanowski: Excuse me. Mr. Mayor, I just want to clear something up. When we were here for the license, my equity investors said they may invest, you know, up to $15,000,000. Mr. Gary has a letter saying that they will. And now you will get a letter that will say they will invest $28,000,000. Mayor Ferre: Mr. Gary, I think and I know enough about banking and about procedures that a letter from an individual that says I will invest $28,000,000 legally does not mean diddley-squat the next day if for a whole bunch of reasons they have, they say I do not like the press that this has been receiving, and it is not in the best interest of myself and my family to invest in such a venture, and I did not understand all of this when I wrote that letter, and therefore, I am hereby abrogating and there's a negation of that. So that, to me, is not an irrevocable letter. An irrevocable letter to me is when the Equitable Life Insurance Company, or the Chase Manhattan Bank, or the First of Chicago, or Southeast Bank says these people have absolute assurance that upon the receiving of this license they have 'T' number of million dollars in the bank the next day. That's it. Mayor Ferre: That's called the difference, Mr. Gary, with Colonel Sander's theory. The commitment is fried eggs. The dedication if fried chicken. Mr. Gary: Mr. Mayor, because we understood the complexities of the financial community, is the main reason that we placed certain safeguards for the 62 SEP 1.01981 Mr. Gary (continued): City of Miami with regard to this license. The $2,000,000 as I mentioned to you, that's why we had that payment coming before the 90 days. That's 10 days after the effective date of this ordinance. The $3,000,000 performance bond is an immediate requirement. Performance bond. Now, the third thing is that regardless of what company we were dealing with, based on our past experience, Mr. Pilnick, based on the experience that we had with the proposals, no one had firm financial commitments to the tune that we're talking about now. I feel that with this license... Mayor Ferre: You've not negotiated with anybody else. So obviously that's the case. Mr. Gary: I would assume, Mr. Mayor, knowing the banking community, that the same procedures, the sane complex procedures would follow. No one is going to give you firm financial commitments for something that they do not, are not assured that you're going to get. Mayor Ferre: I don't accept that. Mr. Pilnick: Mr. Mayor, I might may just one comment. One of the reasons for this chicken and egg situation is that this is just a draft. Commissioner Plummer, for example, has just today introduced a request for additional funds from the cable company. And there may be other Commissioners. Mayor Ferre: Mr. Manager, would you have some law and order put out there. I guess that's the wrong word to use but... Mr. Pilnick: As we indicated, in New Orleans the council decided to ask for more after a negotiated agreement had been reached with the staff. Mr. Plummer has already asked for one concession and there may be more coming up. So that one of the problems is that a bank, or any other lender wants to look at the final document. And there is no final document right now. So I do think that if you get the $2,000,000 within 10 days after adoption, you have an insurance policy. -F Mr. Gary: Mr. Mayor, if I may. i Mr. Plummer: Well, but you see, that's not answering my question based on the Mayors. Look, Mr. Hermanowski says he has a $28,000,000 commitment from his investors. That is not the same as money in the bank. Mr. Myers: He also has a $27,000,000 commitment from American Security Bank. Mr. Plummer: Kenny, I appreciate it. I won't play lawyer, you don't play Commissioner. Mr. Pilnick, how is this Commission assured that this commitment of his investors of $28,000,000 is within the 90 days in the bank. What happens 33 days later when one of his investors went sour and I can't live up to that commitment. Mr. Pilnick: Well, you can impose specific—quirements. The ordinance now... Mr. Plummer: Sir, wait a minute. Excuse me. I can't let you may that statement. Mr. Gary: May I respond to this, please? Mr. Plummer: No. I, no. If you go to a money institution, a bank and you borrow $45,000,000 and they approve it, tomorrow that money is transferred into the account of Americable, and restricted for Miami use only. Now, that's a hell of a lot different than letters of commitment. Mr. Pilnick: I understand that. What I was going to say, Commissioner Plummer, is that with respect to the equity investors, the limited partners, my judgment is right now they have a commitment which they might consider firm, but which the City probably cannot consider firm at this point. I think, as I indicated, $2,000,000 in your hands in 10 days gives them the right to have 90 days to satisfy you. SEP 101981 Mr. Plummer: Okay. All right. Mr. Pilnick: Now the 90 day deadline is the deadline that's crucial. At that point, when I said you can impose requirements, the ordinance right now simply calls for them to come up with satisfactory financial commitments at the end of 90 days. If you wish, you can tighten that and say that not only shall there be satsifactory commitments, but that some percentage of the money has to be in the bank, not just letter commitments. What is not defined at this point, is what they have to do to make that satisfactory with respect to the City. All I'm saying is the $2,000,000 is essentially an incentive on their part to go out and get the money and get the firm commitments. And it's your insurance policy that if they don't get it, you can collect that and start the process all over again. Mr. Gary: Mr. Mayor... Mr. Plummer: Maurice, what was the terminology you used? The difference between a commitment and an irrevocable commitment. Mayor Ferre: Yes. That's correct. There is under the law something called an irrevocable contract, or irrevocable commitment to something. And that, you know, whether it's an insurance policy, or for example, if you create a trust, you create an irrevocable trust. There is such a thing as an irrevocable trust. Mr. Pilnick: Yes, sir. I'm not arguing that. The point I'm making is Commissioner Plummer's request, just made today, would add $200,000 a year times 15 years, $3,000,000 more to the financial obligations of the company. There could be other requests... Mayor Ferre: I understand. Mr. Pilnick: ..and I'm saying as long as the... Mayor Ferre: The document is not final. I understand. Mr. Pilnick: ...as long as the firm requirements are floating around, no bank is going to commit. Mayor Ferre: Okay. Now Mr. Pilnick, in another matter now, I need to ask of you, and then I'm going to ask of Mr. Reyerson. Sir, in your experience and your knowledge, this contract that has been negotiated and that is before us, is this in your personal opinion the best contract in existence at this time that you know of. Mr. Pilnick: It's the best one I'm aware of, yes. Mr. Reyerson, would you answer that question? Mr. Reyerson: Yeah. I think, people will differ, but my personal opinion is that it is the best one I've seen, yes. Mayor Ferre: Now, I understand that there is the, up until now everybody has looked upon as Pittsburgh as being the most onerous of all, and the toughest of all cable contracts. Is this tougher than the Pittsburg contract, that you know of? Either one of you. Mr. Pilnick: I think there are two aspects to the ordinance. One is what the City is going to get, and second, is the enforceability part. The means that you have to make sure you're going to get it, or you'll get some penalty that will make it worthwhile. Mayor Ferre: I will divide my question into both areas. Mr. Pilnick: In the second atea, the penalty part, it's much much stricter than any ordinance I'm aware of at all. In the first part, I think it's as good or better than any other city that I'm aware of. PittaburR is also essentially state-of-the-art with respect to what the art was a year and a half ago. I think since that time the competition SEP ! 01981 Mr. Pilnick (continued): has increased what cable companies are offering. So I would say it's better in both respects but in the one respect of enforceability, which I think is just as important, it may be even more important than the specific items, I think this contract stands alone. Mayor Ferre: All right, air. Do you concur with that? Into the microphone. Mr. Reyerson: I concur with that, Mr. Mayor. Mr. Plummer: Question. Is there anything that you tried to negotiate into this contract that you felt was important that is not there? Mr. Pilnick: I'll answer that by saying no first, but let me just explain the process. The process was that we, as the City team, decided among ourselves first what we felt would be the best package for the City. And essentially, that was put in front of Americable. And they had the opportunity to respond. They made some suggestions which resulted in the City making some modifications, but those modifications were minor, in my opinion, so that the answer to the question would be there was nothing of a major factor that we put in that we did not get. Mr. Plummer: So in other words, when we read in the paper that the contract that was proffered was a wish list, it really was not wish, it wa:.- reality. Mr. Pllnick: It was a set of requirements. Mr. Plummer: But in other words, you got everything in there. You weren't wishing to get it, you got it. Mr. Pilnick: Yes, with very minor exceptions. Mr. Plummer: Okay. Let me ask one other question, Mr. Gary, that I'm not, I want to get clarified. They have 3 years in which to complete the total system? Mr. Gary: Yes, sir. Mr. Plummer: That means then, that the commitment of $45,000,000 must be spent in the 3 years? Mr. Gary: Yes, sir. Mr. Plummer: Let me ask it in another way. and I'm sorry to ... you know, these are questions that are coming to my mind. Does that mean that everybody in this City who wishes to avail themselves of cable t.v. will have that right and have it available within 3 years? Mr. Gary: Yes, sir. Mr. Plummer: And the potential, as I recall, somewhere along the line is 171,000 units? In that general area? Mr. Gary: 147,000 as I recall. Mr. Plummer: Okay. So in other words, 150,000 rough figure, will be able within 3 years to have cable service provided to their homes? Mr. Gary: Yes, sir. {' Mayor Ferre: All right. Any further questions? If not, I think we're now reaching the point where it's time for this Commission to take a position. Do you have anything else you want to say... Mr. Gary: Mr. Mayor, in all fairness to Americable, because we were pretty strict and hard on them, we demanded a letter from them in terms of some commitment from the bank, and I think it's important at this time that I read this letter to you. { Mayor Ferre: Fine. it � � ZrJAJ Mt. iatyt. This is a letter from American Security Bank, dated March 17, 1981, to Hr. Charles Hermanowski, manager and general partner of Atoritable. it says: "Dear Mr. Nermanowski: Further to your letter of March 10, 1981, American Security Bank, N.A., will commit to make available $20,000,000 to finance construction of a c.a. t.v. franchise for the City of Miami, Florida. This commitment is subject to the negotiation and closing of a loan agreement and related documentation satisfactory to the bank and its council, of include participation by other financial institutions as the deems appropriate. We look forward to working with you on this project. Sincerely...." Mayor Ferre: Thank you. I appreciate that. Who signed that, for the recored? Mr. Gary: Robert J. Owen. Mayor Ferre: And his title? Mr. Gary: Vice-president, group head of American Security Bank. Mayor Ferre: All right, thank you, sir. Anything else? If not, what is the will of this Commission? Mr. Plummer: One final thing. Mr. Gary, my understanding as to what we're doing here today, assuming that we have a majority vote for Americable, is not in effect giving them the license. We are. But we're giving them the right to within 90 days as Father Gibson says, fish or cut bait. Mr. Gary: Yes, sir. Mr. Plummer: And at the end of that 90 days, if they haven't been able to fish and cut bait, or cut bait and fish... Mr. Gary: I'll be back before you. Mr. Plummer: And they'll be out the door and we'll be then talking with another company. Mr. Gary: Yes. I want you to clearly understand that if they are not able to fish and cut bait, as you say, by 90 days, I will bring the issue back to the City Commission for action. Mr. Plummer: That in reality is 120 days because this... Mr. Gary: 30 days. Mr. Plummer: ...becaus this ordinance does not become effective for 30 days until second reading. Is that correct? Mr. Gary: Yes, sir. So we're looking then... Mayor Ferre: So it isn't 10 days, it's 30 days...it's 10 days after 30 days. Mr. Gary: Yes, sir. Mr. Plummer: The effective.date. Mr. Knox: 10 days after 30 days after the second reading. Mt. Ruiner: All right. The fee of Arnold and Arnold... Mayor Ferre: Arnold and Porter. Mr. Plummer: Arnold Porter is $100,000? Mr. Knox: No. We have not gotten a fee quotation from them yet. gut your resolution indicated that without further Commission action the fee Was capped, was not to exceed $100,000. Mr. Plummer: And that is payable by the recipient. Mr. Knox: Payable by the licensee. Mr. Plummer: Yeah. Okay. Mayor Ferre: All right, what is the will of this Commission? Father Gibson: I move, Mr. Mayor, that we proceed poste -haste to award that license. Mayor Ferre: All right, there is a motion that the ordinance that is before us be adopted by the City of Miami Commission on first reading, as amended on the several occasions that it has been amended during the day. Mr. Plummer: Is that subject to the amendments? Mayor Ferre: Yes, on first reading. Father Gibson: Yes, sure. Mr. Plummer: I second the motion. Mayor Ferre: All right, is there furhter discussion? Mr. Lacasa: Mr. Mayor, under discussion, I'd like to ask a question from the City Manager concerning this March 17 letter from the American Security Bank. It says that they are, that they commit to make available $20,000,000 to finance the construction of a c. a. t.v. franchise. What the word franchise here implies that only one company would have the system. Does that mean that if it were not a franchise, if it were a multiple licensing type of a situation the $20,000,000 commitment will not be available? Mr. Gary: Well, I can't speak for the bank, but if you notice the date on the letter, it's March 17th, 1981, at which time there was some uncertainty as to what we were negotiating. Whether it was a license or a franchise. Mr. Lacasa: Well, that I think is a very important questions because we are considering, still considering the possibility of multiple licensing with certain limitations as to the number of companies. That commitment might be totally null and void. Mayor Ferre: All right. Further discussion on the ordinance as amended. If not, read the ordinance, please. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD). Mr. Plummer: Question. Mr. Hermanowski. I'm going to be repetitious. Come to tha microphone, please. Sir, you understand that you have 40 days from today, 10 days from the final enactment of this ordinance to ... 10 days from the second reading, in which to produce a $2,000,000 cash deposit. Sir, you also realize that from that date forward, within 90 days, if you do not produce the necessary documents as called for in this contract, that you forfeit that $2,000,000 bond. Mr. Hermanowski: Yes, Mr. Plummer. Mr. Plummer: Thank you. 167 S"P Mayor Ferre: All right. Further discussions The ordinance has no* been mead. Is there further questions or statments, or discussion? If not* call the roll. MOTION DEFEATED. On motion by Commissioner Gibson and seconded by Commissioner Plummer, the foregoing motion was defeated by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson NOES: Commissioner Armando Lacaaa Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo ON ROLE. CALL: Mayor Ferre: In voting no, I would like to explain my position. I do not feel that Americable has in any way satisfied me as to whether or not they have the fiscal ability and the financial stature to undetake such an important task. I feel that there is nothing that changes my previous stated position and my previous vote of last month. Consequently, I maintain my position at this time by voting no. Now, at this time that means that on a 2 to 2 basis this matter does not pass. I would, Mr. Lacasa, I pass the gavel over to Father Gibson and ask to be recognized. Mr. Plummer: No, sir. I question, I challenge the chair. Mayor Ferre: On what basis? Mr. Plummer: I challenge the chair that a 2 to 2 is not no action. It is a defeat. Mayor Ferre: It is. Mr. Plummer: You didn't say that, Mr. Mayor. Mayor Ferre: I said that the matter has been defeated. Period. I now pass the gavel to Gibson and I ask to be recognized for the purpose of making a motion. I move you, sir, that TCI, who is the second in this matter be awarded the right to negotiate with the City Manager and the same team, a license fee. Mr. Lacasa: Second. Father Gibson: All right, there is a motion and a second. Is there discussion? Mr. Plummer: I'm not ready to move on that one. Father Gibson: Plummer, you can vote it down. Mr. Plummer: No, I don't want to vote it down, Father, but I don't want to vote. I want to think about it. I want to think about it. Mayor Ferre: Mr. Plummer, I, you are, of courser entitled to do what Joe Carollo did... Mr. Plummer: No, sir, I'm not. Mayor Ferre: But as far as this, as far as this, as this mover of this motion, we have had plenty of time to think this thing through. We know exactly where we stand and I stand on my motion. It's time for us to vote and come to a decision one way or the other on that issue. And I stand on that motion. Father Gibson: All right. • 2b I j Mr► Plu=gt: No. I ask for a 5 minute recess. I want to think about it. ' AT THIS POINT, THE CITY COMMISSION TOOK A 5 MINUTE RECESS. Mr. Plummer: Where's Howard Gary? (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Maurice, I'm ready whenever you are. Mayor Ferre: All right, Mr. Lacasa. Is Mr. Lacasa here? Is Mr. Lacasa here? We've now taken 10 minutes. Father, as I recall, I guess you're chairing it, aren't you? Are you ready? Father Gibson: All right. ,We're at roll call, is that right? Mr. Ongie: No, sir. We finished the roll call. Mr. Plummer: No, we did not. Father Gibson: No, you did not. Mr. Ongie: I beg your pardon. On the TCI. Mr. Plummer: Repeat the motion. Mr. Ongie: The motion is that TCI be awarded the right to negotiate with the City Manager for a licensee for cable television for the City of Miami. Mr. Plummer: Thank you. Call the roll. MOTION DEFEATED. On motion by Mayor Ferre and seconded by Commissioner Lacasa, the foregoing motion was defeated by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson 1 l ABSENT: Commissioner Joe Carollo q FOLLOWING ROLL CALL: Mr. Plummer: Let my vote reflect, for the record, it is not a vote against TCI. Mayor Ferre: All right now, Mr. Chairman, I move you, sir, that both of these companies be given the right to conclude a license based on the ordinance as presented, and that these two companies, what's the technical word, Mr. Pilnick? Rationalize the City, and come back with an agreement. And I so move you, sir. Mr. Lacasa: Second. Father Gibson: Any discussion? All right, call the roll, please. (CONTINUED ON NEXT PAGE) Gil 11 J 1t0N DEFEATED. On motion by Mayor Ferre A$d seconded by Commissioner Lacasa, the foregoing motion was defeated by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson ABSENT: Commissioner Joe Carollo Mayor Ferre: I move you, sir, that the cable company, the two following cable companies: Americable Cable, and Vision be awarded the license of the City of Miami on a rationalized basis, to be brought back to the Commission in a final and concluded matter for a vote. Mr. Plummer: Father, the procedure, I think is you ask three times for a second. Father Gibson: Do I hear a second? Do I hear a second. Two. Do I hear a second, three. All right. Mr. Lacasa: I'm going to second the Vision. Mayor Ferre: I move that matter again with Americable and Vision. And its been seconded by Lacasa. Father Gibson; Are you seconding...I see. Discussion? All right, no discussion. Call the roll. MOTION DEFEATED. On motion by Mayor Ferre and seconded by Commissioner Lacasa, the foregoing motion was defeated by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson ABSENT: Commissioner Joe Carollo Mayor Ferre: I move you, sir, that Americable and Rogers Communication.... is that the name of the...what's the name of the firm, Mr.Pilnick? Cable Systems -Miami be jointly awarded the contract... Mr. Plummer: Excuse me, Mr. Mayor, may I... Mayor Ferre: ...for the ordinance before us and for them to rationalise and return to the Commission with a worked out proposal. I so move. Mr. Plummer: May I go back and put the same pretense on Vision Cable, that my no vote did not reflect anti -Vision Cable as they stand. It will reflect the same way in every vote. Father Gibson; All right, is there discussion? Call the roll, please. MOTION DEFEATED. On motion by Mayor Ferre and seconded by Commissioner Lacasa, the foregoing motion was defeated by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson ABSENT: Commissioner Joe Carollo Mayor Ferre: I have no further motions, Father. Mr. Plummer: Mr. Carollo. Is he in the building? Is Mr. Carollo in the building? He made a motion this morning. I want to hear it again. Mr. Lacasa: I'm going to make the motion of Mr. Carollo since I seconded th,-.t motion. Mr. Carollo: Mr. Mayor, I now make the motion that I made earlier this morning, that all the bids be thrown out, that we start anew after the November elections. That we pick 3 consulting firms, the cost of these 3 firms be paid by whatever companies reapply; that we specify clearly the City will reserve its option to give this franchise, not license, to one or more companies, that the consultants that we hire evaluate and advise us as to what would be practical in doing, and to how many areas it would be practical to divide the City in, if that is the decision that this Commission would wish to take. Since we're going the franchise route now, that whatever final decision we make, we put to a referendum, there will b% a bond, performance bond for the full amount of construction cost put by the company, or companies that would get the franchise or franchises. The consultants would evaluate the background and the financial standings of each company that applies. And that if any company that applies lies to this Commission, deletes any facts that are requested to be put in in an application, that they immediately be disqualified. That is my motion, Mr. Mayor. Mayor Ferre: All right, its been moved, and I assume you're seconding? Mr. Plummer: No... Mr. Lacasa: I second it. Mr. Plummer: All right. I ask for him to repeat it, Mr. Mayor. Mr. Mayor, under discussion. The motion is much too broad for me. I would hope that, and I don't want to the pride of ownership, Joe, but let's hope that we can profit by some mistakes that were made in this go -round. Mr. Carollo: J. L., what areas... Mr. Plummer: What I would prefer to see a motion at this point, is that the bid, the City's right to throw out all bids be done, one. Number two, that the City Manager be instructed to start a process for bidding to commence after November the 4th. Mr. Carollo: That is what I am including in the motion. Mr. Plummer: Well, but you went further, Joe. I'm not sure, I'm not sure that I, my one vote, am in favor of a referendum. I'm not sure that I want 3 consultants. And I would like to leave the flexibility between now and when we start the bidding procedure again. It's still a majority vote of this Commission as to what goes in to the new bid proposals. I don't want to lock... the reason I voted against all of these others that were proffered today was because its been too fast. I haven't had the time to sit down and think #bout it. Mr. Carollo: J. L., as far ps... Mr. Plummer: What I'm saying is this: I can accept a motion that all of the bids be rejected, a), that the City administration start a procedure commencing some time after November the 4th for a new bidding procedure, and allow us the flexibility in the interim to work out those areas which have been problem areas during this procedure. Mr. Carollo: J. L., let me do this. Let me make two separate motions. Maybe you can vote for at least one of them. Mr. Lacasa: Commissioner Carollo, I have an idea which I would like to submit to you as a substitute motion. Mayor Ferre: Wait, wait, wait. The procedure is this. There has to be a motion on the floor first. Mr. Lacasa: There is a motion and it has been seconded by me. Mayor Ferre: All right, now. There is discussion on dividing that motion. I think you ought to let that motion be divided, and then I will recognize you to offer a substitute motion, if you wish. Mr. Carollo: Mr. Mayor... Mayor Ferre: ...you always have that right. Yes, sir. Mr. Carollo: What I would like to do is divide the motion that I made into two parts. Mayor Ferre: All right. Mr. Carollo: I think the parts about throwing out all the bids, and starting after the November elections. I don't want to say November 4th because I'm sure we're going to have some run-offs. So, after the November election, period. Make that into one motion. As far as the rest of what I've presented, the area of wanting 3 consultants, I'm not going to change that, J. L., because I think it's too easy for one consultant to be inf luenced.one way or another. As far as having a referendum, I think we should now go the franchise route. I think that if we put this to a referendum, there is no way in the world that the big lie can come out again. And I think we can put that to rest once and for all. Mr. Plummer: Joe, the only thing I'm saying to you is I don't...I might agree with you. But I want time to think about it. I don't want to be rushed... Mr. Carollo: Well, let me make... Mr. Plummer: ...and I'm just saying to you that I hope that in concert with the City Manager, that the problems, the rough areas that we've had, and the problem areas that we've had, that we can work out something to hopefully keep this problem from happening again. You're never going to get 100%. But what I am saying is I want tht flexibility. Now, I want to tell you, I am only prepared now to vote on a motion that says this Commission exercises its right to reject the bids. That... Mr. Carollo: This is the motion that I've made now. Mr. Plummer: ...the new procedure not start until the... Mr. Carollo: After the November elections. Mr. Plummer: After the November elections. Mr. Carollo: I am making one motion with those two stipulations added now. Then I will make the second motion including the rest of what I have stated. So there is a motion stipulating those two points on the floor now. 72 S EP 1 01981 Mr. Lacasa: Can I make my substitute motion now? Mayor Ferre: All right. I recognize you for the purpose of making a substitute motion. Mr. Lacasa: We have gone through a very lengthy procedure and lengthy ;u discussions, and expenditures of City funds and effort to come to a decision t on the question of cable t.v. Two things are of paramount importance. One, that the City gets very good cable t.v. system. Second, that it get that system fast. We have 5 applicants, all of which have been found eligible by our consultant. The ultimate beneficiary of this is the citizen itself. Therefore, my substitute motion is that we take this to the citizens in the form of a referendum in the upcoming November 3 election, and let the citizens, who are the ones who are going to pay and receive the services, decide who they want. Mr. Plummer: How would you do that? Mayor Ferre: Let me get the legal of this. Mr. Knox. Mr. Knox. Mr. Carollo: Mr. Mayor... Mayor Ferre: May I just get a clarification because this may be illegal. Mr. Knox. Mr. Lacasa. Mr. Knox, if the motion is that this be the vehicle and document that we are traveling on, and the only thing that is missing from this vehicle is the name of the corporation that will go on it, is it possible for this Commission to put this item before the electorate decide, on a majority basis, without a runoff, this would be a plurality, I would —no, it wouldn't. It would be a majority. No, it would be whoever got the most votes. What is that plurality? A plurality basis, the selection of the cable company that would be the winner of this. Mr. Knox: Now, if you adopted that procedure, again, being strictly precise in what you would be doing is conducting a procedure in the nature of a straw vote, which of course, there's ample precedent for. It would not be a bonifide referendum election, but it would be an attempt to gain the will of the people respecting the cable firm that would be used. Mayor Ferre: Let me... so in other words, it is legally possible. Mr. Knox: Yes, sir. Provided however, that the Clerk can attest that the requisite notice and all of the procedural requirements can be met within this time frame. Mayor Ferre: All right. There is a motion, therefore, on the floor to that, to do exactly that. Is there a second to that motion. Father Gibson: Repeat. Mayor Ferre: Repeat the motion. Mr. Lacasa: The motion is that based on the parameters of the proposed ordinance as amended, referred to us by the City Manager the final decision be taken by the citizens in the form of a referendum on the November 3 election on the basis of plurality. Mayor Ferre: All right, is there a second to that motion? For the purposes of discussion, I will second the motion and I'd like to be recognized to speak on the motion. I would like to once again reiterate to the members of the Commission that no matter how much the criticism, the heat, I think that this Commission is amply able to make a decision on the selection of the cable company. Now, I would like to repeat that I did not vote for Americable on the premise that I did not think that they were financially large and capable to do the job. I believe that. I, however, as you noticed, made a motion that we award the license to two companies. I made a motion because I felt that TCI was the most qualified that they be awarded the license. That was turned down. I would like to one more time ask the Commission to reconsider. If you 73 CEP 101981 t Mayor Ferre (continued): give the license to two firma, I don't frankly, my preference is TCI. But I think that Vision and Rogers Communication is just as capable of doing the job. If you in effect give two companies the right to do this, here's what's going to happen. Yes, it's a half a pie. I don't think there's any question of that. I'm sure that Mr. Hermanowski would rather have the whole thing. But if he gets half of it, he's going to have a heck of a deal. I think that the fact that there is another company involved induces Hermanowski and Americable to perform. If Americable cannot and does not perform, then there will be another cable company that will perform so that the people of Miami are assured that the will have cable television in the future. I think that the terms of the contract would be acceptable, and I'm positive, to any one of those 3 firms. I am sure that they would accept it, and that we would have the best of all worlds if we had two cable companies under rationalization coming in with a basic contract which would be the best of all possible worlds. I don't see how in the world this Commission could go wrong with that. Now, I again reiterate that I would vote for TCI first, but as you noticed, I made a motion for Vision second because I think they are as capable of doing this as TCI, and absent Vision, I then made a motion for Rogers Communication. I would like, there is a substitute motion which I have seconded. If somebody is willing to reconsider that, then I would withdraw my substitute motion and urge that we come to a conclusion on this matter and just bite the bullet and get it done with. Father Gibson: Mr. Mayor, may I ask a question? Mayor Ferre: Yes, sir, Father. Father Gibson: You know, I'm not easily distressed because I have to face people every day who believe at the time they have come to the end of their rope. I find myself rather distressed now that we would be doing what we are doing. I wonder if we would not be wise to put this voting off until the next meeting or —my concern is... Mayor Ferre: I'll tell you, I have made a statement into the record. If I hear no other motion, I am —since you are now chairing the meeting, going to move that this item be tabled. I haven't done that yet, but I'm about to do that. Now, a tabling under the rules means that it goes without discussion, it does not need a second, as I recall, and you vote to table. When you table, that means it automatically comes up at the next regular City of Miami Commission meeting which would be October the 7th. Mr. Plummer: 24th of September. Mayor Ferre: September 24th is not the next regular City of Miami Commission meeting. Father Gibson: No other meeting in September? Mayor Ferre: We have a zoning meeting on September 24th. Mr. Knox: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Knox: As a matter of procedure, I can advise the Commission that it adopted a resolution in 1974 which indicates in pertinent part that all motions made during the conduct of the City Commission meetings require a second. Mayor Ferre: Need a second. You're right. Stand corrected. Mr. Knox: And relative to the procedure of tabling, when a matter is tabled and it has to be formally removed from the table by a proper motion at the time that the City Commission would deisre to have it removed from the table, as distinguished froi-a deferral to a day certain. Mayor Ferre: I understand. In other words, if I make a motion to table, besides requiring a second, that removes it from the table until the Commission 74 Mayor Ferre (continued): decides to put it back. Mr. Knox: It puts it on the table until the Commission decides to remove it from the table. Mayor Ferre: I see. All right. it back. Mr. Knox: Yes, sir. In other words, it would require to bring Father Gibson: Mr. Mayor, let me ask. Mayor Ferre: Yes,sir. Father Gibson: I find it hard to understand, or even live with having gone all these months working on this business and having spent the kind of money that was spent. My bretheren, if you were in private business, no way in -the world you would be doing this kind of thing. You may be better off, I'm not saying this is what you ought to...I want you to consider this. You may be better off doing what would go against my grain and irritate everything out of me, simply because we erred. When we started we ... the first mistake we made was to vote a second company if the first company did not, if we cDuldn't negotiate a contract, there was a second company hanging in the wings. If we hadn't done that, part of the problem we have would have never surfaced. Now, I tell you that honestly. I think you might be better off, at least I think so, and I'm only one person. If TCI ... if Americable and TCI were to get together in joint venture, the likliness is you may end up, you may end up having some, listen to what the word, some harmony. If you don't go that route and let one person get it, I would be willing to swear on a stack of bibles right now, there will be no harmony in this City for years to come. The people are going to get this service and I would hope ... where is the Americable people? Stand up here. I ... look, if you would just indulge me, I would appreciate it. Where are the TCI people? Stand up there, please. Let me ask you this. Can you two people possibly talk to each other sensibly about joint venturing in this City so that we wouldn't have everybody with a cannon gun at the other one, or whatever else they use in war now? Mr. Carollo: Newspapers. Father Gibson: Well, newspapers. Okay. Can we have a relative assurance that you two people can sit down in peace and quietude and come to some reasonable sensible agreement? Mr. Hermanowski: Yes,sir. Mr. Alden: Yes, sir. Father Gibson: You would say that? Mr. Alden: Yes, sir. Father Gibson: Mr. Mayor ... look, please, for the public, I want to avoid if we can, what I think we are about to get into. Mr. Plummer: I wonder how Barry Kuten and his people feel? Mr. Carollo: That's right. Mr. Plummer: They're sitting right in the middle. Now look, let me tell you something. I love these people, I love these people, and I love them. The only motion acceptable to me is to exercise our right. It doesn't mean these people can't rebid, these people can't rebid, these people, and the others, and others, and others. Let me tell you what I'm, what really scares me. There is now way in God's green earth that Mr. Gary can perform a magical act. Mayor Ferre: He's done it. /0 Mr, Plutmaer: Molding these people to the commitments they've made now. There is no way they can live up to those commitments if there's two compmie6. You are talking about an entirely different ballgame. I wouldn't expect Hermanowski or Paul to make a guarantee to this ComQnission on a dual situation of a $2,000,000 cash bond and a $39000,000 surety, a $600,000 franchise fee, a $900,000 minimum payment. That's ludicrous to even think of. Now, I'm telling you, I'm sorry, I don't tell nobody, I'm telling you where I'm at. If you're going to reopen the ballgame, look, I told you before, I'm going to tell you now. I am not sure that I want this that or the other thing. I'm not sure I want two companies. I'm not sure I want a referendum, or I want a license. But you give me the time between now and November the 12th. That doesn't preclude these peoples rights. They can all rebid again. Mr. Carollo: Mr. Mayor, if I... Father Gibson: Let me Plummer finish. Mr. Plummer: I'm finished. Mr. Carollo: Can I make a statement now, Commissioner Gibson? Mayor Ferre: And after that I'd like to be recognized. Mr. Carollo: I'd like to make what amounts to another substitute motion to whatever motions are there. Mr. Plummer: Excuse me, Joe, there's about 5 on the floor. I've lost it somewhere. Mr. Carollo: Well, then let me stick another one there. Mr. Hermanowski: Mr. Mayor... Mr. Carollo: I'd like to make a substitute motion, to take the first two points of the original motion that I presented, and that is to throw all the bids or proposals out, start again after the November elections. Mr. Plummer: Is that the motion? Mr. Carollo: That is the motion. Mr. Plummer: I second the motion. Mayor Ferre: Mr. Chairman, if I may. Father Gibson: Yes, sir. Mayor Ferre: Before I ask the City Attorney on a procedural answer, let me ask the question and give you a moment to think about it and then I want to make a statement about all this. Here's where we are. There was a motion made, it was subsequently changed. The motion was made by Carollo, seconded by Lacasa. This motion was divided into two motions. At that point, Mr. Lacasa made a substitute motion which I turned the Chair over to Gibson and -Vice Mayor, and seconded it. Now, Mr. Carollo is asking to make a second substitute motion which in effect is the first motion. And I think... Mr. Carollo: No, Mr. Mayor, since the first motion, when I divided into two motions it was never seconded, air. Mayor Ferre: It was seconded by Armando Lacasa and then ... all right. I accept that, to say that it wasn't. Now, can a substitue on 76 SEA' 0 ��8� Mayor Ferre (continued): a substitute be made, or must we vote on the substitute first, and then, and then accept another substitute motion? Now, before you answer that, let me on the general subject, which I think I can under procedure discussion. I'd like to point this out. And I'm addressing it to my colleagues, all of you on this Commission. I think we have all of the facts necessary to make a decision. Now, Plummer says Plummer says how does Barry Kuten feel about this? Well, how does Barry Kuten feel about it anyway, or any of the people that are going to lose? They're not going to be happy. Now, if it is the will of 3 members of this Commission to make a dual license between Vision and Americable, then it is their right to do so. If there are 3 votes here to make a dual license with Rogers Communication, it is their right to do so. But I am, I'm not speaking to the issue as to who is the second awardee of this license. What I am saying is that the one way I can vote for Americable, Senator Myers, I want you to hear this because you were giving me a puzzled look a while ago. The only way that I can vote for Americable is if I am assured that it is fail-safe. That there is no way it is going to fail. And the only way I know it's going to fail is that if Mr. Hermanowski cannot come up with an absolute guarantee assurance that is irrevocable in nature, and falls down because his investors are not there, or because his bank financing is not there, that there is somebody in place ready to move in and put that cable is another company. And any one of these three are acceptable to me. Now that assures me two things. One, that you're going to do your ,job, and two, that if you don't do your job, somebody else will. Now I say to you that you're better off with a half of a city than a whole which you don't have 3 votes to get. Mr. Hermanowski: We indicated to you four hours ago, that if it was the will of the Commission to do it, we would accept a dual situation. Mayor Ferre: Let me finish. And the point I'm trying to make to you is that I think that this Commission should not shirk its responsibiity time and again. Gibson and others here on this Commission have said I got elected to do a job, and by God, I'm not going to delegate that to anybody else. And what I'm saying is that it's time now to fish or cut bait. And I'm saying that the best way for us to get this show on the road, and to make sure that people have some cable here soon is to have a competitive operation. And the way you have a competitive operation is you have two. Armando, I'm sorry, 4 is just too much. But 2 I think we can live with. I think that you guys are going to get along because it's in your best interest to get along. Mr. Myers: Mr. Mayor, may I interject one thing, please, if I may. Commissioner Gibson introduced a new dimension which I respectfully submit is worth consideration by the Commission as an alternative. Of course, you can go either way. If I understood it correctly, Commissioner Gibsons suggestion was not a dual situation, which you could do, but one company for the whole City that would merge two of these applicants... Mayor Ferre: I accept that. Mr. Myers: ...Americable and TCI, or if you want to make it Ameri,:zule and whatever. But... Mayor Ferre: Hey, that is the ultimate of rationalization. Mr. Myers: ...what I am saying, that's different than spliting up the City between two. Mayor Ferre: I accept that, sir. Mr. Myers: That's one company operating the whole system. Mayor Ferre: If that, I just need to know from the others, and from Vision too. Barry. Mr. Paul Alden: Speaking on behalf of TCI, we will live with a joint venture. Mayor Ferre: Will Vision accept it? Will Rogers accept that? 77 r--, V (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Carollo: Mr. Chairman, what was the reason that you asked for 'ICI to be the other company? Because they were picked as the number two company* is that why? Father Gibson: Yes. I... Mr. Carollo: Well, if that is the case, sir, that you asked for TCI to be the other company that was considered because they were the number two company, then I would like to make, while George is looking our last little problem up, a substitute motion to the substitute, substitute, substitute motion. That TCI no longer be the second company. Father Gibson: That is a motion? Mr. Carollo: Yes, sir. Father Gibson: Mr. Mayor, and members of the Commission... Mayor Ferre: You have to ask Knox. Father Gibson: ...Mr. Carollo, and Mr. Knox, maybe, let me make sure. Did all the members of the Commission hear what Mr. Carollo said? Mr. Lacasa: Yes. Father Gibson: He is saying that TCI will ... he wants to make a motion that TCI will no longer be the second company. Now we ask the City Attorney about the legality of that, please. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Father Gibson: I didn't hear that, Plummer. Mayor Ferre: There are two questions before you now, Mr. Knox. Question number was the procedure as to the substitute motion process. Question number two now is from Father Gibson as to whether the substitute motion now made by Carollo is in order. Mr. Knox: It is not out of order to the extent that it relates to the main motion. Father Gibson: That is Mr. Carollo's motion. Mr. Knox: Yes,sir. Mayor Ferrg: Now answer my question. Now, in reference to your question, we don't find any limitation on the number of substitute motions that have been made, but they must be addressed in reverse order. In other words, the most recent substitute motion has to be considered and then the next most recent. ' Mayor Ferre: Wait. George, if I may, Mr. Chairman, I hate to do this to you, but I have here Senator Ken Myers, Barry Kuten, who else is a member of the Legislature here? Tom Gallagher. Excuse me, representative. Now, if I'm not mistaken, in the Legislature you can only have one substitute motion at a time. Now, that maybe a rule of procedure that they have and we do not have, but it seems, Mr. Speaker Pro-tem, could you clarify that? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: So in other words, then it is in order for Carollo to make a substitute motion. Mr. Knox: Well, it is not out of order because there is no prohibition listed in the manuels, in Mason's Manuel that you have adopted. Mr. Carollo: So I'm going to stay with my last substitute which is that TCI would not be the second company any longer. That is the motion. Now `78 Z)� P 01981 Mr. Carollo (continued): who is the chairman? Father Gibson: Do I hear a second? Do I hear a second? 'That's two times. Do I hear a second? All right. Mr. Carollo: We'll go to my next substitute motion that I have, Commissioner 'g Gibson. The next substitute motion that was in line was that all the bid proposals be thrown out and that we start fresh after the November election. Mayor Ferre: Wait, wait. Procedurally now. Mr. Carollo: That was the next substitute motion in line, Mr. Mayor. Mayor Ferre: George, you're going to have to rule on this because I just don't remember the sequence of events on it. But is that the... Mr. Carollo: You did. Father Gibson: No, we have already had that motion and that motion did not carry. Mr. Carollo: No, sir, we never voted on that motion. That was... Mayor Ferre: Well okay. All right, look. I think I see a sense on this so I'm not going to press the point so I accept that. Mr. Carollo: That was seconded by Commissioner Plummer. Mr. Plummer: Correct. Father Gibson: You were trying to ask something. Mr. Myers: So that it is very clear on the record, we want to make our position clear. Obviously, this company would like to settle the matter now regardless of how you settle it. Theres been too much done by this Commission, theres been too much done by your staff, too much done by your consultants, too much of the City's money and time invested in this, and by the way, if you don't have a winning bid, who is going to pay for all of this thats been done thus far. Mr. Lacasa: Mr. Chairman, I'd like to be recognized. Mr. Myers: And the other thing is now, Mr. Chairman, Mr. Mayor, Mr. Vice -Mayor, if I may say so, Americable wants to make its position clear as well. We made our position clear on July 14th in the beginning of these hearings and all the way through. We think the companies are fine companies. We never took issue with any one of them as far as reputations are concerned. We are willing to work, if you so mandate it, with any of the other companies that you so select. Either as a joint venture or to split the City into geographical areas and have two cable systems working the City. Whichever way you want to do it. One joint venture to work the entire City, or two separate ones to serve as tWo separate parts of the City. But whatever you do, I urge and plead with you, get it done. Get it done now and have it over with because you will continually be politically plagued with this same thing over and over again. Election or no election. Mr. Carollo: Not if we do it the way that I stated we would. Father Gibson: Let me say this. Mr. Mayor, may I... Mayor Ferre: You're the chairman. Father Gibson: Ladies and gentlemen, I am pleading, if that's a possibility, that we try to bring a reasonable amount of peace and harmony in this City. We have enough problems otherwise. I would hope with the money we have spent, and the energy we have put out that we could, you've already heard, we could get two of these companies to, I don't know if this is a good word, but come together as one company and share not necessarily putting the City into districts, but the two companies join each other and �1� r: Father Gibson (continued): give us a good system. Now I think you and I as leaders in this community need to demonstrate by our action what, how important it is for us to live together. You know, each of us could have a piece of the pie and then enjoy it. But if we fool around here, all of the money you have spent would be gone. We will go out of there with all sorts of bitterness and anger. And ladies and gentlemen, that will not help this community. I urge us, I urge us, I beg us... Mr. Lacasa: Father, let me ... I want to be recognized to make a motion. Father Gibson: All right. Mr. Lacasa: My motion is that we... Mr. Plummer: Mr. Lacasa, can I ask one thing, please. My good friend. Can I ask for a clarification on the floor before you go adding one more motion? We've got about three motions and 17 substitutes. May we either resolve or wipe the slate clean and start... Mr. Carollo: Mr. Chairman, there was a motion that was seconded... Mr. Plummer: May I finish, Mr. Carollo? All I'm asking is I just can't keep 3 motions and 17 substitutes all in my mind. May we wipe the floor clean and start from "A"? Mr. Chairman? Mr. Carollo: Can we do that? Father Gibson: All right. Mr. Mayor... Mayor Ferre: Do you want to turn the gavel back to me until I turn it over again? Father Gibson: I'll tell you what. I think you may be better off taking the gavel and saying that we're going to start from scratch. Mayor Ferre: I withdraw my second and therefore I now have the gavel back in my hand. Mister... Mr. Carollo: Mr. Mayor, my... Mayor Ferre: Please. I will recognize you, Mr. Carollo, in a moment. All right. Now, Mr. Knox. Mr. Plummer: Excuse me, Mr. Mayor... Mayor Ferre: No, sir, please. I have the floor and I'm asking a legal question of Mr. Knox. Next tp speak will be Mr. Carollo and then you, Mr. Plummer. All right, now Mr. Knox. After we get through with this process, it is my intention to adopt rules. I don't care what Roberts or Masons say, so that we like the Legislature do not fall into this quagmire of substitute motion after substitute motion. All right. Now since we do not have that, okay, I would like to respectfully recommend to the members of this Commission that temporarily we adopt rules of procedure so that when a motion is made, there can be one substitute at a time, we can vote for or against the substitute, back to the main motion, and therefore, we will have an orderly process. And I woud like for one of you to make that motion. Mr. Plummer: I offer it or second it. Either way. I third it. Mayor Ferre: Is there a second? Mr. Lacasa: Second. i Mayor Ferre: Further discussion on the procedure that we have now adopted. That means that there is a motion and only one substitute at a time. And then after it is voted upon and defeated, I will accept a second substitue and on and on until we finish. Is there further discussion? all the roll on the order of procedure as to how we go along and vote on these things. Let me explain it one more time. We are no adopting a VV _ Mayor Ferre (continued): a procedural process in which if a motion is on the floor, there can only be one substitute motion and after that motion is defeated, if it should be defeated, the chair will accpet a second substitute motion and so on, but we will not have 5 substitute motions one on top of the other one. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-753 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT, PROCEDURALLY, IN AL FUTURE CITY COMMISSION MEETINGS, IF A MOTION IS ON THE FLOOR, ONLY ONE SUBSTITUTE MOTION SHALL BE PERMITTED TO BE INTRODUCED AFTER THE MAIN MOTION, AND THAT NO SECOND SUBSTITUTE MOTION BE PLACED ON THE TABLE UNTIL A DECISION HAS BEEN REACHED WITH RESPECT TO THE FIRST Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 14. MOTION IN CONNECTION WITH CABLE TELEVISIO14-AUTHORIZING MANAGER TO NEGOTIATE WITH AMERICABLE AIM TELECOMMUNICATIONS, INC. ON A DUAL OR JOINT VENTURE FOR CABLE TELEVISION IP THE CITY OF MIAMI Mayor Ferre: Now I recognize Commissioner Carollo. Mr. Carollo: Mr. Mayor, I now go back to the motion that I have been trying to put to a vote for some time now. Mayor Ferre: Tell me what you motion is. Mr. Carollo: The motion again, sir, is to throw out all the bid proposals, start fresh after the November election. Mr. Plummer: I second the motion. Mayor Ferre: All right, there is a motion and a second. Now, is there... Father Gibson: Mr. Mayor. Mayor Ferre: Yes, sir, Father Gibson. Father Gibson: I may be wrong, but I am thoroughly convinced that the secret in this community has to be harmony and peace. I don't care what you say. You've spent a lot of money, you've done all the homework you need to do. This kind of a problem has surfaced all over the country. And Miami is no different. I would hope and pray that we would take Americable along with another company, T.C.I. since you voted them in as the second, and try to, and ask them.if they could come together, and work out a reasonable agreement among themselves, and move. Mr. Lacasa: Okay. Fahter... 16W S E P 10 1981 hither Gibo6nt I would offer that as a substitute motion, MY. Lacasat Let me ask the Mayor. Mt. Mayot, can I make a subatitute motion now? Mayor Ferret Yes, that is the procedure. That is what we established. Mr. Lacasa: Okay. Then, my substitute motion is, and I move, that Americable and T.C.I. be granted the license on a dual basis, and that it will be up to them to negotiate and provide either in a combined effort, or separately, the best services for the City of Miami. Mayor Ferre: All right. Wait a moment. There is a substitute motion on the floor is there a second to that motion? Father Gibson: I will second it providing your remove a word. I'd rather, I need a better word. Where these two companies will come together, not as two companies, but they.... Mr. Lacasa: Leave it up to them, Father. Father Gibson: ...will combine. Counsel, give me a word. Mayor Ferre: Joint venture. Father Gibson: Joint venture, yes. Mr. Myers: Either joint venture or merge into a single corporate, or business entity. Father Gibson: I would buy that. That is reasonable. Mr. Lacasa: I accept that modification? Mayor Ferre: Does the seconder of the motion accept that? Father Gibson: Yes, sir. Mayor Ferre: All right. On the record now, Mr. Ken Myers to Americabel, do you accept that? Mr. Myers: Yes, we can live with that. Mayor Ferre: Mr. Alden, for TCI-Taft. Do you accept that? Mr. Alden: Yes, we do. Father Gibson: Counsel, get them so we can....look, I'm trying. God knows I am. Mayor Ferre: The answer to your questions is that you do accept it, in the record. UNIDENTIFIED SPEAKER: That's correct. Mayor Ferre: all right. Further discussion on the motion as made? Mr. Plummer: This is on the substitute? Mayor Ferre: It is on the substitute, sir. Mr. Plummer: Repeat the substitute motion. Father Gibson: The substitute motion is that these two companies are instructed to leave here and Joint venture or into a single pack4ge, to provide cable television for the City of Miami. i Mr. Plummer: Under discussion. Mayor Ferre: Yes, air. Mr. Plummer: Mr. Mayor, the very fear that I have of rushing where angels fear to tread, fools rush in. This motion contains no provisions of are they going to sit down and hold hands for 60, 90, 120 days, wait a minute. Wait a minute. This gives no parameters of any kind... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Well, what ordinance? There is no ordinance accepted. Mr. Lacasa: The proposition. Mr. Plummer: With the amendments, or without the amendments? Mr. Lacasa: With the amendments. I said that before. Mayor Ferre: All right, these are questions of clarification. To the maker of the motion, are you talking about number one, what kind of date parameters are you talking about? Mr. Lacasa: 30 days. Mayor Ferre: 30 days. Are you also talking about this ordinance as being the 'vehicle? Mr. Lacasa: As amended. Mayor Ferre: As amended. All right, any further questions? Mr. Carollo: Yes, Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Carollo: We are then to vote at this point in time on the amendment of that motion, that these two companies are going to get together and form one cable company in the City of Miami. Well, it reminds me of an old saying that goes something like this: God creates them, the devil puts it together. You know, Gibson, I am really surprised that after you have witnessed and seen the type of actions these individuals have taken, that you would even consider TCI. Now damn it, if we're going to give it to TCI because of some of the political blackmail tactics that were done by some of their people, then damn it, okay, let's just go down the tubes and have to come back here 90 days from now and vote for another company, I'm going to make a substitute motion and let's just give it to Americable. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD). May..- Ferre: Well, we have a substitute motion which must be voted upon and then subsequent to that, I will recognize you Commissioner Carollo, for the purposes of a substitute motion. All right, further discussion? Make sure that you know what you're doing when you're voting on this one. Mr. Plummer: We're voting ... Mr. Mayor... Mayor Ferre: Are we ready to vote? Mr. Plummer: ...it is my understanding Mr. Lacasa's substitute motion states... Mayor Ferre: It does. Mr. Plummer: ...that the two companies, namely, Americable and T.C.I. shall sit down for a period of 30 days, negotiate on the terms of the contract as presented today, and amended, and come back with a joint venture. That's what I'm voting on. 83 8EP ' ©198i Mr. Carollo: Mr. Mayor, my substitute motion is... Mr, Plumer: You can't make a substitute motion yet. Mr. Carollo: Well... Mr. Plunmer: There's already one and the rules of procedure says one at a time. Mr. Carollo: If I may not be out of order at this point in time then, under discussion, so that all you members of this Commission can know exactly where I'm coming from. Mayor Ferre: Okay, go ahead. Mr. Carollo: The motion that I will make after hoping that this will be defeated, and I'm a firm believer that this is against better judgment for this Commission, against the betterment of this City, but I am left with little choice, the motion that I would make would be that this license as it is called for the meantime anyway, be given wholely to Americable, not T.C.Z. and someone else. Mayor Ferre: Okay. Now that it has... Mr. Carollo: And all you fine so-called journalists that I see here from the rag sheets, go ahead and start attacking me next week. I hope your checks don't dry up. Mayor Ferre: Further statements or discussion? If not, call the roll on the substitute motion. The substitute motion is made by Commissioner Lacasa and seconded by Commissioner Gibson. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-754 A MOTION GRANTING A DUAL LICENSE FOR THE INSTALLATION AND OPERATION OF CABLE TELEVISION IN THE CITY OF MIAMI BOTH TO AMERICABLE OF GREATER MIAMI AND TO MIAMI TELECOMMUNICATIONS, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH BOTH FIRMS WHICH ARE TO COME BACK EITHER WITH A PROPOSED JOINT VENTURE OR AS ONE COMBINED COMPANY; FURTHER STIPULATING THAT THE HEREINABOVE NEGOTIATIONS ARE TO BE BASED ON THE PROPOSED CABLE ORDINANCE, AS AMENDED, WITHIN THE PERIOD OF 30 DAYS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commib.-.:3ner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo ABSENT: None ON ROLL CALL: Mr. Lacasa: In voting yes, I want to clarify that my reason for going for T.C.I. as the second alternative is based on the 4 votes that T.C.I. got as the runner-up on July the 14th from this Commission, and I vote yes. •� Mr. Plummer: My vote in the negative is not against T.G.I. It's very obvious it is not against Americable. I am opposed to rushing into something without sitting down and rationalizing it first. I vote no. Mr. Carollo: Mr. Gibson, did you understood what we were voting on? I — don't think you did, sir. Mayor Ferre: He can change his vote any time, Joe. Mr. Plummer: He understood. Mr. Carollo: If this fails, then the motion that I will be making... Mayor Ferre: Joe, if you'll permit me to vote, the Chair will let any member of the Commission to change their vote at any time. Okay? I'm not trying to ram anybody on this. All right, I, in voting in the positive would like to explain that I think by doing this we end up with a happy compromise. Americable had 3 votes on the last occasion, and even though Mr. Pilnick did not give them the highest rating and so on, I think they are deserving of consideration because they have agreed to a contract which is absolutely second to none. It is a magnificent contract. I think that that deserves serious consideration. Now, I think it is important to recognize that these people who are labored long and with a great deal of ability have given this City the impossible. Mr. Hermanowski has made a contract possible that would have never been possible if — Mr. Hermanowski had not come in and agreed to do things, with all due respects to you T.C.I. and with all due respects to you Vision, and with all due respects to you Rogers Communication, you would have never agreed to do. And I think that that is deserving of consideration and I think that what we end up with is the best possible cable contract in America, with a local company joint venturing with a top company that made the offer. And I think this is a happy ending and I vote yes. Now, is there anything _ that needs to be discussed at this time? All right.... Mr. Carollo: Mr. Mayor, if I may ask again, poll the Commission again as �o if they understood what they were voting on or not, sir. Mayor Ferre: Any member of this Commission is entitled to change... Mr. Carollo: Mr. Mayor, not everyone is listening. I want to poll this Commission again to make sure they understood what they were voting on. Commissioner Plummer... Mayor Ferre: I think this is the motion that Father Gibson seconded. Is is very simple. Rather than one company getting this, Americable, we are now coming to a compromise. Now, Father Gibson, so that there's no confusion, I'm sure that we all understand what we voted on. If there is any question, I am happy to permit any member of this Commission to change. their vote. Mr. Carollo: Mr. Mayor, I would like to poll the Commission. I have stated before... Mayor Ferre: All right, I'll tell you what... Mr. Carollo: ...that if this motion did not fail, I was going to make a new motion to give it solely to Americable. Mayor Ferre: All right, Mr. Knox, the vote has been taken. Now, the vote is on record. I have given the opportunity to any member of this Commission to change their Vote. Is there anything else I need to do at this time? Mr. Knox: No, sir. Mr. Lacasa: Recess, Mr. Mayor. j 1 Mayor Ferre: All right, if not, we will take a 5 minute recess. Q� UU SEP 1 01981 : AT THIS POINT, THE CITY COMMISSION TOOK A 5 MINUTE MCESS AND RECONVENED WITH COMMISSIONERS LACASA AND CAROLLO BEING ABSENT. 15. FORMALIZING RESOLUTION: NEGOTIATE AGREE2IENT WITH CONVENIENCE AND SAFETY CORPORATION TO PROVIDE BUS SHELTERS WITH AND WITHOUT ADVERTISING AT BUS STOPS IN THE CITY Mayor Ferre: 5 minutes are now up. Those of you who wish to leave that were here on the cable, t.v. cable thing, please walk out slowly, carefully, and quietly. All right. Now, Barry Schreiber, Commissioner Barry Schreiber, I have a public apology to make to you because I held this matter up, and I'm sorry. And I want to tell you that last time around we couldn't get this thing done properly, and I'm sorry that we took so long. And I know you've been here most of the afternoon. And ladies and gentlemen, out of I guess what's called professional courtesy, we always recognize fellow law makers, and Commissioner, I recognize you at this time for the issue that you're here on, and I think Mr. Dan Paul is also here, is the representative of another firm. What item number is this please? Mr. Barry Schreiber: I couldn't say what the number is, Mr. Mayor, but it is the... Mayor Ferre: 73. All right, we have 3 members of the Commission on the dias so proceed. Mr. Schreiber: Do you have a quorum? Mayor Ferre: We have a quorum. 1,2,3. Mr. Plummer: What item, Mr. Mayor? Mayor Ferre: 73. Barry Schreiber. All right, to ahead. Mr. Barry Schreiber: Thank you, Mr. Mayor. Thank you for the courtesies and also for the opportunity to have experienced the last couple of hours. It was indeed certainly an experience that I will learn by. In any event, I'm here today simply to ask this Commission to follow the Manager's recommendation, or actually, to really ratify. Mayor Ferre: All right, could we have some quiet back there out of courtesy? Mr. Schreiber: Simply to ratify the action that this Commission took informally at a former meeting. I don't recall precisely which date it was, but in any event, at that time this Commission by motion which had to be formalized with the formal resolution... Mayor Ferre: It was June 25th, and it was Motion 81-557. Mr. Schreiber: That's correct. And at that time, the award to...for the bus shelter program in the City of Miami was awarded to Convenience and Safety Corporation of South Florida, Inc. Since that time, the Manager has had an opportunity to provide the Commission with a fairly thick package, and I will defer to the Manager for his recommendation to you. Mayor Ferre: All right, Mr. Manager. Lt f A jai Mkt. Gary'. Mr. Mayor, if you recall, the motion was passed awarding the bus bench shelters to Convenience and Safety Corporation as the best bid. The item before you now is a resolution formalizing that motion which confirms what our recommendations are. Mayor Ferre: All right, Mr. Dan Paul. Mr. Dan Paul: Mr. Mayor, Decole appreciates the opportunity to make another presentation on this matter relating primarily to design. But unfortunately, my clients advised me within the time frame that they're unable to make a presentation so we stand just on the bid that we have submitted. We have nothing further to add. Mayor Ferre: All right, is there further discussion on this item? If not, is there a motion? Mr. Plummer: Mr. Mayor, I understand that what we're voting on is that as recommended by the Manager. Mayor Ferre: That's correct. Mr. Plummer: I make such a motion. Mayor Ferre: Plummer moves the item... item 73, Gibson seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-755 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH CONVENIENCE AND SAFETY CORPORATION TO PROVIDE BUS SHELTERS WITH AND WITHOUT ADVERTISING AT BUS STOPS LOCATED WITHIN THE CITY OF MIAMI BASED UPON THEIR BID SUBMITTED TO THE CITY OF MIAMI ON JUNE 24, 1981 AND TO SUBMIT SUCH AGREEMENT TO THE CITY COMMISSION FOR ITS APPROVAL (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. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner Armando Lacasa SAP 1 0 1981 POUR) ING ROLL CALL! Mr. Schreiber: Excuse me, Mr. Mayor, before you proceed, at this Pointo the bid having been award, but to the Manager's recotmr►endation we have to begin negotiations on that contract. Mayor Ferre: That's correct. Mr. Schreiber: Thank you very much. Mayor Ferre: And I apologize for the long wait. 4 16. EMERGENCY ORDINANCE: IUCREASE APPROPRIATIOU FOR GENERAL FUND DEPARTMENT OF TRADE AHD COMMERCE D$VELOPMEPT Mayor Ferre: Item I. Okay.' Is this non -controversial? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Does anybody have any problem with item number 1? I'm just trying to get through things that are non -controversial and get people out of here. UNIDENTIFIED SPEAKER: Mayor, item l(a) goes hand in hand with items 70 and 71. Mayor Ferre: The question is does anybody have any problems with 1, l(a), 70 and 717 Are there any objectors or members of the City Commission have any problems. Mr. Plummer: Mr. Mayor, the only problem I have, and I'm not going to hold Mr. Carlton to blame, he's new. Mr. Carlton, I want you to remember next year, sir, I am very much opposed to passing any budget on an emergency basis. I understand you're new and you didn't have the time, and that's why it's here on an emergency basis and I'll accept that. But I want you to know in the future, I don't want to vote on budgets on an emergency basis. Mr. Carlton: It won't happen again next year, sir. Mayor Ferre: Is there a motion on item... Mr. Plummer: I move item 1. Mayor Ferre: All right, is there a second? Mr. Lacasa: Second. Mayor Ferre: All right, call the roll, read the ordinance, please. (AT THIS POINT, THE ORDINANCE IS READ INTO THE PUBLIC RECORD) Mayor Ferre: Further discussion? Call the roll. Mr. Knox: Excuse me. Mayor Ferre: Item 1. I've just read the ordinance in its totality. Call the roll. (CONTINUED ON NEXT PAGE) AN 04DI*NCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE N0, 9179 ADOPTED OCTOBER 3, 19809 THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981. AS AMENDED; BY INCREASING THE APPROPRIATIONS FOR THE GENERAL FUND, DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT, IN THE AMOUNT OF $50,000; BY INCREASING THE GENERAL FUND REVENUES IN THE SAME AMOUNT, FOR THE PURPOSE OF MEETING CERTAIN PROJECT COSTS AMOUNTING TO $50,000; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9307 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. 17. EMMRGENCY ORDINANCE: ESTABLISH RATES AT CERTAIN OFF-STREET PARKING IIETERS AND LOTS, GARAGES, ETC. Mayor Ferre: All right, item l(a). An emergency ordinance amending Section 35-91, 35-92 and 35-93. Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, seconded by Lacasa. Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) •0 &IJ SEP 10 1981 AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTIONS 35-91, 35-92, AND 35-93 OF THE COD13 OF THE CITY OF MIAMI FLORIDA (1950)9 AS AMENDED, ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET PARKING LOTS; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES; PROVIDING FOR THE EFFECTIVE DATE OF OCTOBER 1, 1981 FOR SAID RATES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE �a Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded'by Commissioner Lacasa, adopted said ordinance by the following vote: 0 18. EMERGEOCY ORDINANCE: APPROVE APPROPRIATIONS FOR FY 31-82 DEPARTMENT OF OFF-STREET PARKING Mayor Ferre: Take up item No.70. An Ordinance approving appropriations for FY, commencing October 1st and ending September 30th for the Department of Off -Street Parking. Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. 'Read ordinance number 70. 0 (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) AN ORDINANCE ENTITLED AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982 BY THE DEPARTMENT OF OFF-STREET PARKING; CONTAINING A SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND BY FOUR -FIFTHS VOTE OF THE MEMBERS OF THE CITY COMMISSION DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. _ Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9309 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. 91 SEP 01981 19. EHERGBHCY ORDINANCE: APPROVE EXPENDITURES FOR OPERATION OF GUSMAI4 HALL A11D THE OLYMPIA BUILDING BY THE DEPARTMENT OF OFF-STREET PARKING Mayor Ferre: All right. Take up 71, and ordinance on an emergency basis... Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, seconded by Lacasa. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) AN ORDINANCE ENTITLED AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION _ AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982; AND ALSO APPROVING THE ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE BY FOUR -FIFTHS VOTE OF THE MEMBERS OF THE CITY COMMISSION DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT; None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9310 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. 92 FIRST AND SECOND READIIIG ORDINANCE: DEEII-1IIIG AND DESIGNATING 20. TERRITORIAL LIMITS OF THE DOWNTOWNI DEVELOPMENT DISTRICT, TAXATION, FIXING MILLAGE A14D LEVYI11G TAXES a Mayor Ferre: Item 5, this is... ` Mr. Plummer: It goes hand and hand with 4. Mayor Ferre: You've got to do that, J. L. because that's the, you've kt; got to levy the... Mr. Plummeri Mr. Mayor, I'm not accepting what they have given me as a budget. Mayor Ferre: But this isn't the budget. Mr. Plummer: No. 5 I'll do, but 5 goes with 4. I'm not accepting 4. Mr. Knox: Procedurally, we would strongly suggest that you take 5 before 4 anyway. Mayor Ferre: All right, Mr. Plummer moves 5, Mr. Lacasa seconds 5. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES INTHE DOWNTOWN DEVELOP- MENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982; FIXING THE MILLAGE OF FITY ONE-HUNDRETHS (.50) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI; PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982 BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION "- HERETO; AND PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE EXCLARED UNCONSTITUTIONAL IT SHALL NOT AFFECT THE REMAINING PROVISIONS AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION 93 SEP 01981 AYES: Commissioner J. L. Plummer, Jr.' Commissioner Armando Lacasa _ Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None try ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9311 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. FIRST A14D SECOND READING ORDINANCE: MAKING APPROPRIATIONS FOR THE 21. DOWNTOI-714 DEVELOPTIEPT AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR PURCHASE OF MATERIAL, EQUIPMENT OR SERVICE Mayor Ferre: Mr. Mayor, on item 4, I am in error. This was, they tell me, was delivered to my office. I have not seen it, I have not had this time to study it. I will say for the record, Mr. Kenzie has tried numerous times to reach me to'have an appointment. I have not had the time. Mr. Mayor, I would make a motion that this budget be approved subject to 24 hours, if I find nothing objectionable after 24 hours it's approved. If. I call him on any question within 24, then it comes back at the next meeting. Mayor Ferre: That's acceptable. Mr. Lacasa: Second. Mayor Ferre: All right, its been moved and seconded. Read the ordinance on item 4 please. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. (CONTINUED ON NEXT PAGE) Q S F P t ri J AO x sxM"'ImnAln WTITi.RDib � f AN O=tNMCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVBLO� AUTHORITY OP THE CITY OF MIAMI FOR THE FISCAL YEAR ENDII9G SLPTEMBEA 30, 1982; AUTHORIZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR THE PURCHASE OF ANY MATERIAL, EQUIPMENT OR SERVICE EMBRACED IN THE x . SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED; PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982 FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA; PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT EFFECT THE REMAINING PROVISIONS OF THIS ORDINANCE, AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION 'r F t. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the Commission: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9312 q%a City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 22. FIRST READIIIG ORDINANCE: AMEIiD CITY CODE 30-26 FEES CHARGED FOR CHILD DAY CARE PROGRAM Mayor Ferre: All right, now, on item 8. Do you have an objection to it, Ann? You do. All right, I have a simple question because it was controversial, we won't take it up at this point. I have a simple question to ask of the administration. Would the fees that you are recommending, are we lower or higher than Metropolitan Dade County? Simple question, Al Howard. Are we higher or lower than Metropolitan Dade County when you pass... Mr. Howard: If the fees are passed, they would be approximately the same. Mayor Ferre: All right. Now I'll tell you, I am, if nobody else moves it, I will move it. 'I will recognize Ann for a brief statement, but I'm going to vote with it. Somebody wants to move this? Mr. Plummer: Well Mr. Mayor, my understanding of the backup material, that this fee is only 57% of what it costs. Am I right? Mr. Gary: Yes, sir. Mr. Plummer: Now, you know, all I've got to say very simply is this program from day 1, was supposed to be unique, that it was not appealing to the low income people. It was appealing to the medium income people. And I don't think that it's unreasonable to ask the people who are the beneficiaries to pick up only 572 of the cost. Mayor Ferre: Are you moving it? Mr. Plummer: . You did, I... Mayor Ferre: Either way, I'm voting with it. Mr. Plummer: I'll listen to reason. Mayor Ferre: Plummer moves, Lacasa do you second? Mr. Plummer: Well.wait a minute, Mr. Mayor, you asked the people to speak. Mayor Ferre: I will after we get a motion and a second here? Mr. Lacasa: Secotia. Mayor Ferre: All right, now under discussion. Ms. Ann Wilson: I'm not objecting to the fees. What I'm objecting to is the spread. I think they need the income. I think it's a little unfair in the lower income groups. I think the middle and higher income group could bear more of it. That's the only... I've expressed that to Al before. Mayor Ferre: That's good. A1, can you correct it? Mr. Howard: Well, I'm afraid if we do that, our upper income grouping is close to 25 others in the City and in the County which are private. i; If we put it up above the 42, we'll lose everybody because they can go some other place and get the same fee. I think we've tried to ... we've f broke it down from 8 areas to 4. 1 , SEPIo1981 �r Fn W�l f Mayor Petre: � .. quickly now. We tnaed to Mira along. Anse what's youit JuMmt. to that? �r z , Al 4t :Filson: Well, some of the figures that were shown to the last time shd*ing that upper income groups are paying as high as $45 and $55 a week K for care in other centers. So I'm saying that even...not the highest gtoUp even, but the group below just a little bit lower in income might be able to bear a little bit more so that the lower income is not hit " with such a large increase. Mayor Ferre: All right. I would like to recommend the following procedure so that we can move along. I would like to vote on this on first reading and bring it up for second reading October the 8th. That gives you time to try to work that out. Is that acceptable to you, Al? Mr. Howard% Yes, sir. Mayor Ferre: All right. Than, Mr. Plummer, the maker of the motion, on first reading only? Mr. Plummer: Fine. Mayor Ferre: Mr. Lacasa, on first reading. All right, read the ordinance on first reading. (AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: All right, call the roll. AN ORDINANCE. ENTITLED AN ORDINANCE AMENDING PARAGRAPHS (1), (2) AND (3) OF SECTION 30-26 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF REVISING THE FEES CHARGED FOR THE CHILD DAY CARE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice —Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were a--tilable to the members of the City Commission and to the public. 23. MOTI021 TO PROCEED WITH FI14ANCIAL FEASIBILITY STUDY: WATSON ISLA14D Mayor Ferre: 14(a). Mr. Fannatto: What's the matter with 11? What's the matter here, Mayor? Mayor Ferre: I'll let you speak 3 minutes on it. Mr. Fannatto: I'll speak for 3 minutes. I don't need all these policemen around here. Mr. Plummer: That's 1 minute per policemen. Mr. Fannatto: Let me tell you, Mayor, Ernie Fannatto is my name and I'm President of the Tax Payers League, Miami and Dade County, and President of the Homestead Tax...we went to Tallahassee and I'll want everybody in this room to know that you fellows only had one or two people there and everybody else was against this Watson Island project. Mayor Ferre: This isn't Watson Island. Mr. Fannatto: You're going to ask for $60,000. Mayor Ferre: No, sir, this is item 11, sir. It has nothing to do... you're talking about 14(a). All right is there anybody here on 11. Mr. Fannatto: I apologize. 14(a). Mayor Ferre: Take up 14(a). All right, go ahead, finish your statement. Ernie, finish your stateent. You've got 2 minutes left. Mr. Fannatto: Is this 14(a). Well you said I wasn't on the right one so I have 3 minutes, don't I? Mayor Ferre: Yeah. Hurry up, Ernie. Mr. Plummer: Reduce that to 2 policemen. Mr. Fannatto: Anyway, Mayor, in reference to Watson Island, let's don't hoodwink the people in this City. We went to Tallahassee and they give YOU ... they didn't give you the green light. With conditions. Its got to be approved by the Cabinet in November. So let's don't budget money now in September until you've got the green light. Let's don't take the tax payers money and spend it in advance because if you should lose, why should we spend $60,000,000. And i .:ant you to know this, Plummer, I want you to hear this here. If he loses that case in November and we spend $60,000,000, is that the way to spend the tax payers money in advance? Mr. Plummer: Absolutely not, Ernie. Mr. Fannatto: Well let me just tell you, Mayor, I want to tell you something. You're going a little too far on this Watson Island and I'm going to tell you more than that, you're going to be...I understand you're going to budget $4,000,000 later on and how can you budget money before you have approval of the Cabinet and the State of Florida? I'd like to know. And I'd like to know why the County Manager would do such a thing. Mr. Gary: City Manager, Ernie. Mr. Fannatto: I mean the City Manager, excuse me. Why would you budget money if you didn't have the approval of the project. Mayor Ferre: All right, conglude your statement, Ernie. b SEP 1 p 1981 �.t Mir. Fannatto: No, no. I'm asking your Manager a question. Let's not kid the people in this City. Mayor Ferre: Mr. Manager. Mr. Gary: Mr. Mayor, if you recall, there were certain conditions placed on us by the land award... Mr. Fannatto: No, that wasn't the question. Mayor Ferre: Hey, let the man answer the question. Mr. Fannatto: The question is why do you come up with a project for money when it's not approved. Mayor Ferre: Hey, Mr. Fannatto, let the man answer your question now. Go ahead. Mr. Gary: I'll try to respond specifically to his question. The $4,000,000 figure he is talking about is what the City Commission authorized to be expended on Watson Island. That amount has not been expended. Only $290,000 has been...not even expended, authorized for expenditure. What we're saying now is we want $60,000 additional which will bring that total up 350 and not $4,000,000. Mayor Ferre: All right. Thank you. That concludes your 3 minutes. Mrs. Shubin. Mr. Fannatto: No, I haven't finished yet. He used up 1 1/2, Mayor. Let me tell you, Mayor, if you think you're going to fool the people in this City with Watson Island, you're not going to win this election. And I'm going to see damn right well that you don't win it. Mayor Ferre: Okay. Mrs. Shubin, go ahead. Ms. Florence Shubin: Mr. Mayor and members of the Commission, I think you're request for $60,000 for more studies on Watson Island is rather premature today. The State of Florida has ruled that there must be a study by the Department of Transportation before this thing can fly. And that the City must pay for all improvements to the McArthur Causeway. The City of Miami at this time requires all the money it can get to pay for urgent municipal services. Money for an economic feasibility study is absolutely wasteful until after the DOT study which will determine wether the project is feasible from a traffic and transportation standpoint. Mr. Ferre, you say the conditions will be easily met. The Governor's Office classifies these conditions as stringent which implies the State is going to take a hard look at this project when it goes back to them next March. Don't throw away our tax money on this losing project. Move this amusement park somepl4ce else where you won't have to make a traffic study, and you won't burden the tax payers of the City of Miami with additional taxes to pay for millions of dollars worth of improvements o th McArthur Causeway. which even the State of Florida sava it can' he aftord� to do. I suggest 'that the City not proceed with this 'nor any other study and bury this foul turkey once and for all. Mayor Ferre: All right. Thank you. All right. Now are there ... do you want to answer that, Mr Manager? Is there anything you want to answer? If not, is there a motion? Mr. Plummer: Okay, turkey. Mr. Mayor, let me ask this question. As I understand what happened in Tallahassee, the Cabinet laid three provisions basically. One,•a financial study, two, the transportation or the roads, vehicular traffic, and the.third one, economic feasibility. Well, let me tell you, I'm just at opposite of where you are. Okay? That's nothing unusual. Mr. Mayor, where I'm at, when we passed Watson Island some 2 years ago, 1 1/2 ago, we were under a different set of financial conditions than we are today. This is a request for $60,000 that will address things that the Cabinet said had to be done. To me, the most important thing is that of the financial study because today we're not faced with 10 or 11%, we'rp faced with a lot higher percentage. And I 99 0 9 SEP 101981 4. O Mr. Plummer (continued): for one, am more interested today. What difference does it make whether or not the roads are adequate or whether or not anything else is adequate if the thing says it isn't going to be a financial success? Everything else is out the window in my book. No Coamaissioner or the Mayor is going to sit up here and vote if a financial j study comes back and says it's a loser. Hey, I want to proceed, most importantly, with the financial study. Mayor Ferre: Make your motion, go ahead. ti Mr. Plummer: And that we do that in concurrence as one of the provisions set forth by the Cabinet. Mayor Ferre: All right. Is that in the form of a motion? Mr. Plummer: Is that a proper motion? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Sure. Mayor Ferre: Wait, wait. Mrs. Shubin, there's a motion on the floor. Is there a second to that motion? Father Gibson: I second it. Mayor Ferre: All right, Gibson seconds. Mrs. Shubin, do you want to say somthing to that? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mrs. Shubin: What's the good of a financial study if you can't afford to pay for the repairs on McArthur Causeway which the State of Florida can't afford. Mr. Plummer: Mrs. Shubin, you have a very covenient memory. Let's recall that some very very well educated people, not hired people, State people testified in this record before, the MacArthur Causeway is only 30% utilized today. Mrs. Shubin: That wasn't... Mr. Plummer: You disageed with that and... Mrs. Shubin: That wasn't the State, that was the County. Mr. Plummer: All right. The County. I stand corrected. Mayor Ferre: And Wilbur Smith Associates. Mr. Plummer: Okay? They said that that road could easily be redesigned to take almost anything that was necessary. I remember that. i also remember the testimony that said of the stacking of cars to get them off of the road. Now. I know all that's there. The developer is going to pay for it. Mayor Ferre: All right. Now there's a motion on the floor and seconded. Further discussion? Call the roll on the motion. (CONTINUED ON NEXT PAGE) 108 7 P The MlOVing b0ti�itt 1040 introduced by Commissioner Plu rs who 'Nd its adoption: MOTION NO. 81-756 A MOTION AUTHORIZING AND DIRECTING THE C171 MANAGER TO PROCEED WITH A FINANCIAL FEASIBILITY STUD' IN REGARD TO THE DEVELOPMENT OF A THEME PARK ON WATSON ISLAND Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: �z AYES: Commissioner J. L. Plummer, Jr. Commissionr Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 24. EXECUTE: ONE DAY C011CLSSIO11 AGREE. Ei1T: PERFORMING ARTS FOR COMMUNITY EDUCATIO14 (PACE) Mayor Ferre: All right, item 13. I think that's non -controversial, ins't it? This is a one day concession agreement with PACE for the fund rasing concession activity at Peacock... Mr. Plummer: Move it. Mayor Ferre: Plummer moves, is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who, moved its adoption: RESOLUTION NO. 81-757 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE " ONE -DAY CONCESSION AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE PERFORMING ARTS FOR COMMUNITY EDUCATION (PACE) FOR FUND-RAISING CONCESSION ACTIVITY AT PEACOCY, PARK, SEPTEMBER 27, 1981, DURING THE SCHEDULED PACE BIRTHDAY CONCERT AT SAID PARK (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: (CONTINUED ON NEXT PAGE) 10% sEP 10 1981 x � a VP '�t t} AM Comissioner J. t.. tluMmet, dr. Coamieaiofter Armando Lataea Vita ►M yoit (Rev.) Theodore R. Moon Mayor Maurice A. Ferre,,. 14099: None ABSENT. Commissiot►er doe Car0110 . 4 i 25. AUTHORIZE CITY MADAGER TO EXPE14-D FUiJDS EAP14ED FOR THE CONFERENCE/CONVENTION CENTER Mayor Ferre: 29. All right, what's item 29? This is a, this is...I think it's a very important item and I think it is self-explanatory. is there a motion? Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa. Is there a second? Mr. Plummer: 29? Mayor Ferre: Yes, sir. Mr. Plummer: I second it. Mayor Ferre: Further discussion? Call the roll. It comes with the Manager's recommendation. Mr. Grimm, would you stand up and put into the record that this comes with your full approval and recommendation? Mr. Grimm: Absolutely, Mr. Mayor. Mayor Ferre: All right, call the roll. Mr. Plummer: Wait a minute. Wasn't, Vince, there something that the City Attorney wanted this split into two? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: 29? It's a different item? I'm sorry, Mr. Mayor. Mayor Ferre: All right. Any other problems? Mr. Plummer: No, I just clarified. Mayor Ferre: Call the roll. (CONTINUED ON NEXT PAGE) ioz r Al k The following resolution was introduced by Commissioner Latasa, who moved its adoption: RESOLUTION NO. 81-758 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS EARNED AS INTEREST IN THE CONSTRUCTION ACCOUNT FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI INTERNATIONAL CENTER AS IS NECESSARY FOR ADDITIONAL WORK AND FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND THESE FUNDS WITHOUT FURTHER CITY COMMISSION AUTHORITY; SAID FUNDS TO BE LIMITED TO AMOUNTS EARNED IN THIS ACCOUNT AND APPROVED AS BEING AVAILABLE BY THE TRUSTEES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Nope ABSENT: Commissioner Joe Carollo 25. DISCUSSIO14 AND DEFERRAL OF ACCEPTANCE OF BID: UNIFORMS FOR POLICE DEPARDIEUT Mayor Ferre: 35. This is the uniform police... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: ...All right, are you opposed? Is that what you're doing? All right, you have 3 minutes. Make your statement. Mr. Frank Bronstein: My name is Frank Bronstein, Jules Brothers Uniforms. Mayor Ferre: All right, Mr. Bronstein, the Chair recognizes you. Go ahead, Mr. Bronstein. Mr. Bronstein: Yeah.• I would like to direct attention to paragraph 4 of the instructions to bidders which states as follows: "the bidder may be required before the award of any contracts to show to the complete statisfaction to the City that it has the necessary facilities,*personnel, ability, and financial resources to perform the work in a satisfactory manner. Within time stated, he may be required to show past history and references which will enable the City to satisfy itself beyond any doubt as to its qualifications." It's, the lower bidder in this case was South Florida Police Products, and we respectfully submit the fact that South Florida Police Products was not in the uniform buisness that is the soft goods end of it which we're discussing, prior to submitting their bid, that they do not qualify under paragraph 4 of the Instructions to Bidders. Having been -the contractor of record for two years, and supplying the Miami Police Department, we realize how difficult this contract to complete satisfactorily. At this point in time, South Florida does not... 2 Mr. Bronstein (continued): is not in the business of the..of supplying soft goods to police departments. They are in the business of supplying hard goods. In this case, we're talking about uniforms, shorts, pants, etc. At this point in time, they have no facilities and no inventory to properly supply this type of goods to the City of Miami's Police Department. Therefore, I feel that they are not qualified to perform on this particular bid. Mayor Ferre: All right, sir, thank you. A very quick statement from the administration. Go ahead. Mr. Mullins. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: I don't care who makes the statement as long as it's quick. Mr. Oscar Paz: Mr. Mayor, my name is Oscar Paz from South Florida Police Products, and the things that have just been mentioned will require quite a bit of time on my part. Go ahead. Mr. Paz: I'm ready when you are, sir. Mayor Ferre: I am. Go ahead. Mr. Paz: I will require more than 3 minutes. Mayor Ferre: You don't have more than 3 minutes, sir. If you want more than 3 minutes, then this item is put off until the next Commission meeting. Mr. Paz: That' fine by me because I've been here since 9:00 o'clock this morning and those other people from the cable television place were entitled 8 hours, sir, I'm entitled... Mayor Ferre: This item is now deferred until the next Commission meeting. 27. APPROVE I14 PRI14CIPLE: FINAL DRAFT REPORT ON CORE AREA WEST PREPARED BY KIMLEY—HORN & ASSOCIATES IRC. Mayor Ferre: All right. Now back to item 31. I think we've clarified part of this. J. L., do you want to... Mr. Plummer: Yeah, the matter in my mind is resolved. Mayor Ferre: Do you want to move it? Mr. Plummer: Fine. Mayor Ferre: Plummer moves. Is there somebody who wants to second? Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) SEP 1 01981 :.*XA The following resolution was introduced by Com missionet Plumbts AD -*d#sd its afttion: RESOLUTION No. 81-759 A RESOLUTION APPROVING, IN PRINCIPLE, THE FINAL DRAFT REPORT, PREPARED BY KIMLEY-HORN AND ASSOCIATES, INC., ENTITLED "MIAMI PARKING STUDY, CORE AREA WEST", DATED jdY, 1981, RECOGNIZING THAT THE FINAL REPORT IS SUBJECT TO CHANGE; FURTHER RECOGNIZING THAT LAND TAKING MAY BE ' NECESSARY; FURTHER AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO PROCEED WITH DEVELOPMENT OF AN ECONOMICALLY FEASIBLE PROJECT PROPOSAL THAT WILL MEET THE PUBLIC NEED FOR PARKING IN CORE AREA WEST, MORE SPECIFICALLY, (1) TO MEET WITH LAND OWNERS, (2) INVESTIGATE METHODS OF FINANCING THE DEVELOPMENT, AND (3) INVESTIGATE METHODS TO ACQUIRE LAND AND AUTHORIZE THE CITY ATTORNEY TO ENGAGE THE SERVICES OF OUTSIDE LEGAL COUNSEL IN CONNECTION THEREWITH, IF NECESSARY, SUBJECT TO THE AVAILABILITY OF FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor I9aurice A. Ferre pBSF Nr: Cams. (,I ev. ) T. R. Gibsm ice' Cann. Joe Carollo 23. AUTHORIZE CITY N.AIiAGER TO SEEK 2 APPRAISALS FOR POSSIBLE CONSTRUCTION OF CORE AREA WEST PARKING GARAGE Mayor Ferre: Now also we need to authorize the Manager to get 2 appraisers to move on it. The last time, Mr. Manager, last time on these appraisals, it cost us $20,000 apiece. I would recommend that we authorize you to bring back to the Commission 2 appraisal companies not to exceed $20,000 per appraisal to start appraising that land in that general area. But before concluding it, come back to the Commission for final approval. Mr. Plummer: Mr. Mayor, that's not part of the resolution. Mayor Ferro: No, I'm making it as a separate motion so that we can get going, J. L. Otherwise it will take forever to do this. In other words, follow me what I'm saying, that we authorize the Manager to begin looking for an appraisal company not to exceed $40,000 in total, and that he come back to the Commission for a final vote by the Commission. So it will be before us again. We're not voting on anything definitive at this point, but it gets the ball rolling. Mr. Plummer: What you're saying is we authorize the Manager to proceed.,. R If- Mayor Fevre: fihat'h right. Mt. Plumes: ...to select the appraistrs? � l S' k n4 � . Mayor ferret And tome back to the Commission for final approval. Mr. Plummer: Oh, okay. Mayor Terre: All right, Plummer moves, Lacasa seconds. Further discussieft? The motion is that we are authorizing the Manager to search for, seek and come back to the Commission with 2 appraisal companies, not to exceed $40,000 to begin the appraisal of Core Area West Parking Garage, and that he bring that as quickly as he's done it, for final vote by this Commission. September 24th, if possible; if not, October the 7th, and if not, October the 22nd. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its -adoption: MOTION NO. 81-760 A MOTION DIRECTING THE CITY MANAGER TO COMMENCE THE NECESSARY STEPS TO OBTAIN TWO APPRAISAL FIRMS, AT A COST OF NOT TO EXCAED $20,000 PER APPRAISAL, IN CONNECTION WITH THE POSSIBLE CONSTRUCTION OF "CORE AREA WEST PARKING GARAGE"; SUCH REPORT TO BE SUBMITTED TO THE CITY COMMISSION AT A FUTURE COMMISSION MEETING' Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson FOLLOWING ROLL CALL: Mayor Ferre: All right, now I would like to recommend that we retain the law firm of Steel Hector and Davis to do the legal work for us on this because they are doing the work over at the Convention/Conference Center in the garage, and it's a related item and I recommend that we do it taht way. Mr. Knox: Yes, sir. We have spoken to somebody, Mr. Woosley in Steel Hector and Davis and we would request that you permit us to engage taht firm for this purpose. Mr. Plummer: Do what? Mr. Knox: The Mayor made a recommendation; I'm concurring in that recommendation and asking you to authorise us to retain them for this purpose. !Mayor Ferre: All right, is there a motion to that effect? Mr. Plummer: So move. Mayor Ferre: Is therd a second? Mr. Ongie: It's in there. Mayor Ferre: No it's not. Mr. Knox; No, it's not in the resolution. Mayor Ferre: Further discussion? Call the roll. 106 r i" t l �i The following motion was introduced by Commissioner Plummer; VhO raged its adoption: MOTION 81460.1 A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY = ATTORNEY TO ENGAGE THE LEGAL SERVICES OF STEEL HECTOR 6 DAVIS IN CONNECTION WITH THE CORE AREA WEST PROJECT } Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 29. PROVIDE FOR SUWMITTING TO QUALIFIED ELECTORS: EXTEUSION A17D 110DIFICATION OF EXISTING LEASE AGREEME1;T RUSTY PELICAN RESTALIRA14T Mayor Ferre: 67. All right, providing for the submitting of the qualified electors in the City of Miami for a special municipal election to be held November 3rd, the extension and modification of existing lease agreement with the Rusty Pelican Restaurant. All right, are you here as an objector? Okay. Go ahead. The Chair recognizes both of you for 3 pinutes. Will that do? Ms. Helen White: My name is Helen White. I'm vice-president of the Key Biscayne Property Tax Payers Association. Maybe the legal points I'could possibly bring for that this time. There could be a possible . conflict of interest because Dick Fosmoen, former City of Miami Assistant Manager is special consultant to Specialty Restaurants Corporation. The lessee, Biscayne Bay Restaurant Corporation is a wholly owned subsidiary of Specialty Restaurants. Also, there is a question whether there are adequate grease traps existing at the Rusty Pelican at the present time. Is it necessary to rebuild the sewer system because the pump station and the force main are already over stressea. If there are severe deficiencies, it will take big money to correct before DERM can issue payments. Perhaps it's time to renegotiate the lease. From my understanding from the rent there, that the City gets approximately 42, the County gets 6% from their lease on food, and 8% on liquor. So perhaps the time has come to update the percentage that the City is getting from their leases. There is also, we feel that no more expansion of existing facilities should be permitted until our traffic problem on the Rickenbacker Causeway is resolved. The addition to Rusty Pelican will require additional parking which they will have to share with one of the adjoining leases. We have not protested the existence of Rusty Pelican for 10 years. The lease signed with Marina Biscayne, the Hot Foor Concession, the Key Marina, and the one dollar a year rental for the rowing club, but now it's time to stop and esess the impact all these private leases are having on the welfare and safety on the public, whether it consists of residents going to and from their homes, the tourist* . 107 srp 1 0 1981 Mrs. White (continued): and City of Miami tax payers going to and from the beeches, or whether the sole purpose of to create revenue, and the rest of us are left to fume and fight the additional traffic mess caused by the continual leasing of public land for private enterprise. Thank you. Mayor Ferre: Yes, ma'am. All right. Mr. John Thomas: Mr. Mayor, Mr. City Commissioners, I'm John Thomas from the Miami Marinas Association. I have a difficult time addressing two members of the City Commission on an issue such as this. Mayor Ferre: You've got three, sir, you've got three right here. Mr. Thomas: Let me just be brief and to the point. In regards to Marina Biscavne, we've been neighbors of the Rusty Pelican Restaurant for some time on an amiable basis and we would like to do everything we can to continue our harmonious realtionship. The question that we'd like to raise about this particular issue today is that we're squeezing a lot into a small package here. There is already a marina, and the restaurant sharing the parking space. Where adding additional seats to the Rusty Pelican Restaurant, Marina Biscayne also has plans for additional boat racks and a restaurant of its own. Not a restaurant in competition with the Rusty Pelican Restaurant, but one to supplement it for a different type of clientel. What I'm getting at is there are going to be a lot of people to park on the same piece of ground. To pass this resoluton to put it to a referendum before there are any plans specified as to where we're going to put these people, we feel is not a responsible action. We would like to defer the referendum, or any other expansion activities until their have been provisions made to park these people. That's the sum of our objection to this. Mr. Plummer: Excuse me. Mr. Thomas, I thought... you're representing Mr. Rabun, is that correct? Mr. Thomas: That's correct. Marina Biscayne, Inc. Mr. Plummer: And your concern is parking, basically. Mr. Thomas: At this point, we share some parking facilities with the restaurant. Mr. Plummer: Well, didin't I understand when this matter was brought up before that you had worked out a lease with them on parking? Mr. Thomas: That's incorrect. We were trying to discuss the matter and we've never come to any fruition on a settlement of this parking question. And this is critical. I think we should reach some sort of understanding before we go further with this. Ms. Janet Cooper: Janet Cooper, 1901 Brickell. You should know that the parking, the traffic situation regarding the Rickenbacker Causeway is genuinely hazardous and ties up traffic for not only people trying to ho to Key Biscayne, the residents of the City of Miami. I live approximately 6 blocks to the north of the entrance of the Rickenbacker Causeway. On weekends, I can barely get out of my condominium onto Brickell Avenue for the backup. Also, I find it impossible to get off in any reasonable length of time of I-95 on the exit at 25th Road which leads to the Rickenbacker Causeway because of the traffic. There must be something done on the traffic on Rickenbacker Causeway. Mayor Ferre: Okay. All right. Now, Mr. Manager, what we're in effect doing here is we're putting this to the people of Miami to decide. Is that correct? Mr. Gary: Yes, sir. Mayor Ferre: And the people of Miami, and Janet, that includes you. it you want to vote against it, and you are an elector of Miami, I'm sure you'll vote against it. 108 4 Mo, Cooper: Not necessarily, sir, but I'd like to know who is going to pay for informing the public of the problems that are generated? Mayor petre: I don't think that there's going to by any of that other that to the newspaper, is that correct, Mr. Manager? Mr. Gary: Yes, sir. Mayor Ferre: All right.. . Ms. Cooper: My question is how is the electorate going to be informed enough to make an intelligent choice? Mayor Ferre: The way they always do, through the newspapers. That's the way it's always done. Mr. Thomas: There are parking code regulations that control a situation such as this that haven't been resolved. The expansion project does not fit within the code requirements for parking ,and we'd like to see that be resolved before the City voters get to vote on it. Mayor Ferre: All right. Mr. Harrison, in your opinion, speaking for the City of Miami, has this been resolved? Mr. Bill Harrison: Mr. Mayor, what I'd like to point out to you is that there was a meeting held last evening with Mr. David Tellechea who is the president of Speciality Restaurants Corporation, and Mr. Eugene Hancock one of the adjoining neighbors. It was indicated in both your motion and your resolution that agreed to this in principle, that Mr. Tellechea communicate the expansion to his neighbors. Mr. Hancock has agreed to provide parking so that his employees can park on Mr. Hancock's side thereby opening up about 25 spaces. In addition to that, the Rusty Pelican has now 137 spaces that were originally developed when the restaurant was built, plus it has another 28 that were created when some of the non -paved over area was created. So in answer directly to your questions, according to the code, they're only required one parking space for each 100 square that they inhabit. Mayor Ferre: 'Is the answer yes? Mr. harrison: Yes,sir. Mayor Ferre: All right, is there a motion on this, item 67? Mr. Plummer: What we're saying is to let the public vote? Mayor Ferre: Yes, sir, that's correct. Mr. Plummer: I make such a motion. Ma; Ferre: Is there a second on 67? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll. 109 SEP ? 01981 u WIN AN Y, 9 f rxA .. Y • 9 } rh iY,8,0-aMi��§'p,�# rt "` `, Y7a �•-Xt% ° t •,c ;s , '�, :a" zit. "- y.iy-r .� ;E �h{ 4 ,.t s 1 i, e6,4 4", `.. 'ti ' NY• ^'t• i _ lN, , t . =t:"r {' 3 u„y ;f.e z r} 1 - e The` Mlowing resolution was introduced by Commissioner Plummer, who ; moved its adoption: RESOLUTION No. 81-761 - A RESOLUTION TO PROVIDE FOR SUBMITTING TO THE QUALIFIED i ELECTORS OF THE CITY OF MIAMI AT A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 1981, FOR APPROVAL OR DISAPPROVAL, THE EXTENSION AND MODIFICATION OF THE EXISTING LEASE -AGREEMENT RELATED To THE OPERATION OF THE RUSTY PELICAN RESTAURANT LOCATED ON CITY -OWNED WATERFRONT PROPERTY ON RICKENBACKER CAUSEWAY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: 4 Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo x° i�'+xtOMIT, ,I- qnr' I 3d. CALLING AND PROVIDING FOR SPECIAL MUNICIPAL ELECTION NOV. 3 PROPOSED EXTENSION AND MODIFICATION OF LEASE AGREEMENT RUSTY PELICAN RESTAURANT Mayor Ferre: (Cont'd)...extends the... Mr. Plwrmer: Is that two votes on the ballot? Mayor Ferre: Well, wait a moment, I... Why is 67 and 68 identical? UNIDENTIFIED SPEAKER: One provides for the election, the other one...(INAUDIBLE). Mayor Ferrer I See. Is it the same thing? Alright, who moves 68? Rev. Gibson: Move. Mayor Ferre: Gibson moves, Plummer seconds, further discussion, call the roll on 68. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-762 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1981, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DIS- APPROVAL A PROPOSED EXTENTIONS AND MODIFICATION OF THE EXISTING LEASE -AGREEMENT RELATED TO THE OPERATION OF THE RUSTY PELICAN RESTAURANT LOCATED ON CITY -OWNED WATERFRONT PROPERTY ON RICKENBACKER CAUSEWAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 31. AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM Mayor Ferre: Before we get to Miami Center and the personal appearances, we do have an item which Mr. Reingold has been waiting on all day. If you would step forward, Mr. Reingold and Dena Spillman. Is she here? Or is Mr. Jerry Gireau here? If you would step forward. With regards to the houping, Mr. Spillman, I would like to formalize this and let me see if I can cut through an awful lot by apking you to proceed forthwith, with the development of a plan that will... so that we can expend the twenty-four million dollars 111 S E P 1 01981 that the City of Miami has for the purposes of building housing for low and moderate income people. Now, that this be done on an RFP basis, that you cut through the legal aspects,--- because there are ways to do this, that the City Attorney consult with the County Attorney, that you consult with Mr. Mel Adams, your counterpart in the County, so that this will be a coordinated effort between the City and the County, so that we can get our RFP's. I would like to reiterate that the RFP should be as loose, broad and affective as possible, so that if it is easier to bid it thousands of times, that it be done that way. Now, it is my personal opinion that if you do it that way that you will get much lower bids, much better bids, that there is no question that there is economy in size. However, to you Mr. Reingold, I want to say this, that there are local contractors in this community who are very anxious to bid this on a smaller basis. We cannot deny those people that right. Mr. Reingold: I am assuming that everybody has the same right. Mayor Ferre: So, that if they come in and I don't believe that they can, but if they come in and out bid your or large companies and do it a hundred or two hundred at a time, sir, you are going to have to live with that chance. Mr. Reingold: That's my risk. I am willing to put up my money to proceed on that basis. Mayor Ferre: Alright, is there a... Dena, what do you need from us at this point? Do you need a resolution so that you are authorized to proceed on this forthwith? Ms. Dena: No, at the next meeting I will have the RFP and a whole plan and everything for your approval. Mayor Ferre: Does anybody have any objections to that? Alright, do you want to say anything? Mr. Reingold: Just one quick statement. Mayor Ferre: Yes, sir. Mr. Reingold: My premise... Oh, I'm sorry. My name is Martin Reingold, 5555 Collins Avenue. I have met Ms. Spillman and other officials in the City over the past year.I made a statement approximately a year ago that based on a volume I felt that I could present a financial plan wherein the City would not incur any cost. They would recover the full cost of whatever properties have to be acquired. I stand by that contention and I think that, that should be a consideration. I further hope that this is being done privately, that I can meet the housing standards and I'm not taking about substandards, I'm talking about quality housing standards. A house that you, Mr. Mayor, or I would live in if it were necessary to do so. That you can provide this housing for salaries ranging from ten thousand four hundred dollars to twenty-two thousand dollars a year. From Studio up to three bedroom. Thank you. Mayor Ferre: Alright, Mr Reingold, thank you. Is there anything else? Mr. Lacasa: Mr. Mayor, I.believe that this opportunity that is being presented to us should not be bypassed by the City. We have an opportunity here to put to work the monies that the City has for ti^using. Housing, I don't need to elaborate on that, is the most pressing need that we do have now days in the City of Miami. And quite frankly, I don't believe that there is any substitute for private enterprise and what this gentlemen is proposing to us makes tremendous sense. So, I'm ready to make a motion. Mayor Ferre: Alright, sir, I recognize you. Mr. Reingold: May I make just one more statement, so that we understand. One quick one. Mayor Ferre: Go ahead. Mr. Reingold: I am a financial manager. I am a merchant banker. Everyday, every delay means that you will have that much less housing a year down the line. If you may get a thousand today, you will only get nine hundred next year and eight hundred the following year and five hundred the following year. The money works with velocity, construction works with velocity. You have got to get into it and do it if you want to do it. Thank you. SEP ! 0 i9Q� 0 mayorF'arre: Alright, Mr. Lacasa, make your Motion. Mr. Lacasa: Jackie. Ms. Jackie Bell: Mr. Mayor# before you make a motion I would like to ask the commission to do something, please. Mayor Ferre: Alright. Ms. Bell: Back in 1974 we worked hard to get this bond issue for housing. Mayor Ferre: 1976. Ms. Bell: 1976. Well, we when... Well, the Overtown Community is in dire need for decent housing. Mayor Ferre: Jackie, this is going to address it. This is going to address Overtown. That's where it's going to be built, part of it. I would hope the majority of it would be built in Overtown. Ms. Bell: Well, can you make a motion that Overtown get first priority? Mayor Ferre: Yes. Mr. Lacasa, the request is... and I think since Overtown is our priority target because of the UMPTER Grant, that Jackie is requesting that there be a priority, obivously, cannot be an exclusivity, but that their priority of emphasis be in the Overtown area. Tnat fits with our overall development of the UMPTER Grant that we are trying to get and the other UDAD Grant that we are trying to get. Mr. Lacasa: Absolutely, I can. Mayor Ferre: So, would you make that a part of your motion? Mr. Lacasa: Sure, absolutely. Mayor Ferre: Alright, well make your motion then. Mr. Lacasa: The motion is to request from the City Manager that immediately he start working with the proponent, Mr. Reingold, I understand... Mayor Ferre: And others. Mr. Lacasa:... that the Overtown area be included as a priority and that we start without any further delays constructing in the City this low income housing projects. Mayor Ferre: Low and moderate income. Mr. Lacasa: Moderate. Mayor Ferre: Low and moderate. Father, you second that? Rev. Gibson: Yes. Mayor Ferre: Gibson seconds. when will it come up for formal... Ms. Spillman: In October 8th pr... (BACKGROUND COMMENT INAUDIBLE). Mayor Perre: October 7th. No, 7th. Mr. Reingold: October 7th I hold to the orthodox Jewish Religion and I would have to leave here at noon promptly. Mayor Ferre: At noon promptly? Mr. Reingold: That is correct, sir. Mayor Ferre: Alright, we will take this thing first thing up... we will take this first thing up on the 7th day of October at 9 o'clock. This will be the first item on the agenda. Alright, is there further discussion, call the roll. This is a motion made by Lacasa on housing... this formalizes the housing bond issue thing, J. L. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-763 A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY BEGIN TO WORK WITH MR. MARTIN RHEINGOLD, THE PROPONENT OF AFFORDABLE HOUSING RENTIAL PROGRAM, IN CONNECTION WITH CONSTRUCTION OF HOUSING RENTAL UNITS Ta BE, CONSTRUCTED WITHIN THE CITY OF MIAMI; FURTHER EXPRESSING THE INTENT OF THE CITY COMMISSION THAT THE OVERTOWN AREA BE TARGETED AS A PRIORITY. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 2. GRANT REQUEST MADE BY EMILIO CALLEJA DOWNTOWN BUSINESS ASSOCIATION FOR CLOSING OF STREETS DOWNTOWN SATURDAY SHOPPING CAMPAIGN Mayor Ferre: Alright, on personal appearances I going to see if I can get... Emilio, you are on Item 74. I have seen you waiting here all day. Can we do yours quickly? Mr. Emilio Calleja: Yes, please. Mayor Ferre: Well, what is it that you are requesting? Mr. Plummer: I move it. Mayor Ferre: Alright, there is a motion that the request of the Downtown Miami Business Association to close Flagler Street from Miami Avenue to lst Avenue. Mr. Calleja: And from 1st to 2nd, Mr. Mayor. Mayor Ferre: What? Mr. Calleja: Also 1st to 2nd, that was deleted from this motion. Just two blocks. Mayor Ferre: The first two blocks. Now, it's been moved, further discussion on Item 74, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-764 A MOTION OF THE CITY COMMISSION GRANTING REQUEST MADE BY MR. EMILIO CALLEJA, EXECUTIVE DIRECTOR OF THE DOWNTOWN MIAMI BUSINESS ASSOCIATION TO CLOSE FLAGLER STREET FROM MIAMI AVENUE TO FIRST AVENUE FOR THE "DOWNTOWN SATURDAY SHOPPING CAMPAIGN" TO BE HELD ON SEPTEMBER 26, 1981. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. I 114 SEP 1 01981 s Mr. Callejat Mr. Mayor, may Y bring up something else? i*Ayor Ferret Yes, sir, quickly. Mt. Calleja: Concerning the Downtown Summer Festival I had asked for Police ins -kind, you know, the festival was cancelled. The City changed the rules of the game from last year. There is no more in -kind... Mayor Ferre: You are absolutely right. How much is involved Mr. Calleja? Mr. Calleja: Thirteen hundred twenty dollars of it. Mayor Ferre: Is that the half? Fifty percent? Mr. Calleja: That's half. I have already paid twenty-seven forty, so I am looking for cash assistance for half. Mayor Ferre: I think your position is eminently correct and I would subscribe to that. I think that's what was offered to you and the City ought to live up to that agreement. Mr. Lacasa: What is the motion to waive fifty percent? Mayor Ferre: That half of the expense be borne by the City of Miami. Mr. Lacasas: Move. Mayor Ferre: Moved by Lacasa. Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-765 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE ONE HALF OF THE EXPENSES INCURRED IN CONNECTION WITH THE "DOWNTOWN SATURDAY SHOPPING CAMPAIGN" TO BE HELD ON SEPTEMBER 26, 1981. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 33. DEFERRAL OF REQUEST FOR FINANCIAL ASSISTANCE FOR ORANGE BLOSSOM PARADE Mayor Ferre: 78, alright, sir. Mr. Bruton, Chairman of the OBC Parade Committee. Mr. Alonzo Bruton: Correct, Mayor. Mayor Ferre: What is your request sir for the orange Bowl? Mr. Bruton: Mr. Mayor and City Commissioners... Mayor Ferre: I'm sorry, what number were you on? tAAt it b C HMM NAU DID ) Mayor Ferre: We are not... I'm sorry... Alright, 1 will take you up next Freda came tip here to the podium. Alright, go ahead, sir. Mr. Alonzo Bruton: I am here in behalf of the Orange Blossom Classic Festival that's sponsored by our Miami Alumni Chapter. We are requesting to have a grant for twenty-five thousand dollars to defray the cost of the parade. That would also include activities of dancing, that also will include security by the policemen, that also will include clearing. This particular festival has been staged here in Miami for the last thirty-four years and we wish the City would grant us our 'request, sir. Mayor Ferre: I'm trying to do it as quickly as possible. Now, Mr. Manager, have we ever done this in the past? Mr. Gary: Yes, we have. We have supported the Orange Blossom Classic, I think for the last four... Mayor Ferre: But we have never spent twenty-five thousand dollars supporting it? Mr. Gary: No, the amount we have spent in the past has been approximately fifteen thousand dollars. Mayor Ferre: Is that the last year? Mr. Gary: Yes, last year. Mayor Ferre: Now, what's your recommendation Mr. Manager? Mr. Gary: My recommendation is to grant them what they have requested. Mayor Ferre: The full twenty-five thousand dollars? Mr. Gary: Yes, sir. (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: I will recognize you in a moment... the moment we have a motion if there is a motion. Otherwise, it's... Rev. Gibson: Move. Mayor Ferre: Gibson moves, is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer. Alright, Ernie. (BACKGROUND COMMENT INAUDIBLE). Mayor Ferre: Sure. (BACKGROUND COMMENT INAUDIBLE). Mayor Ferre: Of what Committee? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: I stand corrected. Go ahead. Mr. Jose Mendez: My name is Jose Mendez and I'm the Chairman of the Festival Advisory Committee and what I %ranted to say is that, exactly what I said to the members of this Committee, that this Commission appointed that Committee and that, that Committee have to.be respected by every citizen of this community. That by no... Mayor Ferre: Alright, Mr. Mendez, let's cut through. Did your Committee deliberate on the Orange Bowl Blossom Classic? gS . Mf. Mendez: Yes, and we don't have any objections. Mayor Ferre: Well, wait a minute, what was your recommendation? Mr. Mendez: Our recommendation was no funding. But let me clarify that. The reason for our recommendation was that we requested that this Committee appear before us and none of the members of the Committee appeared before us. We requested that they submit a budget and none was... Mayor Ferre: Alright, wait a minute, in the interest of time, sir, would you meet with them tomorrow and bring this back to this Commission so that we can follow proper procedure on the next meeting which is the 24th of September? Can you do that? Mr. Plummer: I withdraw my second. Mayor Ferre: Can you do that, sir? Mr. Burton: Yes, I will. Mayor Ferre: Alright, would you meet with him right now and see if you can arrange a meeting tomorrow or the day after. You have my vote on it, but I think it's important that we follow the procedure as has been established for everybody. Mr. Burton: I would just like to say something...(INAUDIBLE)... Mayor Ferre: Yes, sir. Alright. Mr. Burton: I think we followed the procedure, but finally when we got down to the part where there would grant us, they had already arbitrarily figured out how much we were going to get. I had a talk with Mr. Howard and I told him that I would have to talk with Mr. Gary about this situation, because I don't think we got a fair break at all. Mayor Ferre: Well, Mr. Burton, the problem is this, that we established the Committee and they are dealing with a. quarter of a million dollars that this City, would you believe, is spending on things such as this and... now, I'm not saying that I'm going to agree with what that Committee recommends, but we have got to follow that procedure. And Mr. Manager, would you bring the whole recommendation of that Committee up for discussion. Advertise it so that everybody is aware of it and put it on the agenda on the 24th. I'm sorry that we are violating the zoning thing, but I think in the interest these people have to know... they have,got to have a quick answer. Can you do that? Mr. Gary: Yes, but I think you need to talk about time. You know, they are not familiar with this process as we have some professionals around here who are. When is your affair? Mayor Ferre: Well, when is the time... When is your affair? Mr. Burton: The affair is October 24th, Mr. Mayor. Mayor Ferre: We have time. On September 24th this issue will be discussed after your recommendation is made. Mr. Mendez: Thank you, Mr. Mayor. 34. BRIEF DISCUSSION AND DEFERRAL: ELECTRIC RATE CHARGES AT DINNER KEY MARINA Meyor Ferre: Go ahead, Mr. Roth. Mr. Fred Roth: Thank you, Mr. Mayor and City Commission and in view of your time limitations I will forego the item that I was to speak on originally, 11# a S EP 10 1981 bpt we do have an emergency at the marinas which requires some direction to the City Manager. Biscayne Recreation has Drawn up a new lease agreement which will be put into effect on October lst which is before your next scheduled meeting. This lease agreement has not been approved by the City Manager and it has not been posted in accordance with the City Code. My name is Fred Roth, by the way, I am a member of the Waterfront Board. I think that all of you know. It is in violation of City Code, Section 53-72. Let me tell you what this new lease is going to do and then I would like to make a suggestion to the City Commission. One of the provisions in this new lease which all permanent lessees must sign is a requirement that every single boat owner carry three hundred thousand dollars worth of insurance, I repeat, three hundred thousand dollar worth of insurance to indemnify Biscayne. If this lease is put into effect as the De-k Master has said it will be in effect on October 1st, you will see an exodus of permanent lessess from the marina that you have yet to witness. I have been... Mr. Plummer: Well, wait a minute, hey, Fred? Fred, please. Now, you are making a statement, I am asking the Manager, he says it's not true. Now, let's cut through it Fred. Mr. Roth: Mr. Commissioner, I will read to you and I will hand you the letter... Mr. Gary: Excuse me. Mr. Mayor? Mayor Ferre: Fred, let's see if the Manager can clarify it. Mr. Manager? Mr. Gary: What Mr. Roth is saying is true in terms of the proposed lease that Biscayne Recreation is proposing to the City Administration. According to their existing contract they can make modifications to the lease, however it has to be approved by the City Manager. The proposed lease that he has before him now is what is proposed. We have not agreed to it and even though the City Manager has the authority to make that unilateral decision it's my intention that once we review the changes that Mr. Roth is speaking of now, we will bring it before the City Commission before we implement it. Mr. Plummer: Ok? Mr. Roth: Mr. Commissioner, may I read to you, please, there are two lines. Dear Mr. Odio; Enclosed please find a copy of the new dockage agreement which will be put into effect on October 1, 1981 simultaneously with the new rates. Sincerely, Barbara J. , Dock Master. Mr. glummer: If approved. Mr. Roth: Sir, it does not say if approved. It says it will be put into effect. Mr. Plummer: Fred, he is telling you it's not going to be until it's brought back before this Commission. Mayor Ferre: Mr. Roth? Mr. Manager, on the record would you tell Mr. Roth one more time that it will not be put into effect until you bring it back to this Commission, is that correct? Mr. Gary: Yes, sir. Mayor Ferre: Will Mr. Roth havq the opportunity to speak to it? Mr. Gary: Yes, sir. Mayor Ferre: Will you personally call Mr. Roth? Mr. Gary: I sure will. Mayor Ferre: Do I have your commitment on the record? Mr. Gary: My word. Mr. Roth: Maybe it will go to the Waterfront Board first, sir. That's what you have a Waterfront Board for. 118 Mr piummers You are right. Mt Rohs It should go to the Waterfront Board and then come to the City Wknager: Major Ferre: Alright, Mr. Roth, wait a moment. Mr. Plummer: No, no, wait a minute, now. Whoa, whoa. The Waterfront Board, I don't think necessarily exerts the authority of the Manager. Let's remember Fred, the way the contract reads. The contract reads that if you come down to the fine line, that the City Manager and I opposed this, by the way, the City Manager has the exclusive right, not this Commission, not the Waterfront Board, but he does, ok? I opposed that issue. Now, all I'm saying to you is, he has said it's coming back here first. You are going to have a right to speak, I'm going to have a right to speak. Mayor Ferre: Fred, I apologize for being short on you and everybody else, but I'm trying to get through and give as many people a break at this. Mr. Roth: But that I do understand correctly from Mr. Gary, that, that lease will not be put into effect until it has been approved. Mr. Plummer: For the third time. Mayor Ferre: For the fourth time. Mr. Plummer: Now, wait a minute, before you leave. Mr. Mayor, are we going to take up the Biscayne Recreation Engineering? Mayor Ferre: No, that's been... Mr. Gary: I have requested... no. Mr. Plummer: That's going to be withdrawn? Mayor Ferre: Yes. Mr. Plummer: Alright, then, I don't have to have Mr. Roth to... Mr. Roth: May I be rescheduled for the next City Commission Meeting, sir, for the item that I was to discuss today? There is a quarter of a million dollars to the City in that discussion. Mayor Ferre: Yes, sir. Thank you and my apologies for making you wait all day. 79? 80? Mr. John Thomas: Mr. Mayor, one sentence on the lease issue. Mayor Ferre: One sentence. Mr. John Thomas: The Miami Marinas Association has asked that this be brought to the Waterfront Board as the most qualified body to evalue the serious problems in this lease, not that they should take away any authority of the City Manager, but they are a good place to start the discussion on this issue. 0 4 35. DISCUSSION ITEM: POLICE DEPARTMENT ORDERS REGARDING CONSENT DECREE 0 Mayor Ferre: On Item 79, quickly now. Mr. Harold Culmer: Mr. Mayor, as quickly as I am able to be on the subject. My name is Harold Culmer. I'm an attorney. I have been an attorney here in Miami since November 1970, also, a native of Miami. I presently represent the Miami City Police Benevolent Asspciation. I also, represent individually Police Officer, Sergeant Simpson. I also, represent individually Lieutenant Juan Fernandez. The purpose of my appearance here before you today is to simply be informative, briefly, but informative as to a very important ongoing problem with the City Police Department. S f cally, as you well know the Consent Pi P Decree which was entered continues in our court system. Specifically, the Cohen Decree also, continues in our court system. It is our position here today, since this Commission has already voted on a very crucial issue, that issue being the extension of the eligibility rosters for Sergeant, Lieutenant and Captain that we must as a unit take a position on this particular item. I am happy to say that despite the fact that litigation appears to be eminent, I have during the last three weeks been able to accomplish three major goals. One, to completely unify the voice of the Black Police Officers in the Police Department, been able to completely understand after weeks of study, the complete mores for which the legal situation has arisen and thirdly, to offer a remedy. I have been fortunate enough to have been given the good gracious of the FOP by conversation. I am aware of their position on the issue that I'm about to address now. I am aware of the position on the Justice Department. I am aware of the position of the City Police Department. Mayor Ferre: Mr. Culmer, you have got about a minute left, so make your point. Mr. Culmer: Yes, sir, alright. Very briefly, to make a long story short. The purpose of my visit here today is to request an extension of the Consent Decree between U. S. A. and City of Miami. We expect to no doubtably... Mayor Ferre: Mr. Culmer, in the interest of time. Mr. Culmer: Yes. I do not expect a vote today, sir. Mayor Ferre: That's right. That is such a vast, complicated world... Mr. Culmer: Yes, sir. Mayor Ferre: ... that I would ---if you want--- I would be happy to ask the Manager at an appropriate meeting in the future and I don't think it will be on the 24th,... Mr. Culmer: May I say this, Mr. Mayor. Mayor Ferre: ...that we schedule until all the involved and interested parties to be present for discussion, now, if that is germane at this point. Mr. Culmer: May I, Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Culmer: In response to your request of the City Manager, specifically, we already have a commitment to form a Committee comprised of the FOP, our organization, the Justice Department and the City Attorney's Office. I am simply making a point to you, sir, that it is our major concern--- I'm talking about the Black Police Officers in particular--- that the issue of extension of the Consent Decree be specifically addressed. Not now, because it is not important prior to March. Mayor Ferre: Thank you, Mr. Culmer. We will address it at the proper time. Will you please contact the Manager and I want an agreement between the interested parties. All the legal bodies, the FOP, the Black Police Officers and you schedule it when there is a concensus as to when that should be discussed. Thank you, Mr. Culmer. 36. DESIGNATE AREA OF BICENTENNIAL PARK FOR MARITIME MUSEUM Mayor Ferre: Alright, we are now on Item #80, which is the Florida Maritime Museum, with my apologies to you Julian Fernandez for the long wait that you have had to make. Now, let's see if we can cut through it and make a very, very quick conclusion on this. It is your recommendation that we specifically allocate on a beginning basis that property that includes the Little Restaurant area, which is the dark green area which is called "Immediate use area" under that plan and that we agree to turn this matter over to the Maritime Museum and that we conclude it, in that way. Is that correct? Is that what you are here for? 120 4-r701 � 0 981 i is Mr. Gary: Yes, sir. Mayor Ferre: Alright, I think we all understand... Alright, Mr. Lacasa novas this, is there a second? Mr. Plummer: Alright, this is just intent? } Mr. Fernandez: Yes, sir. Mayor Ferre: That's all this is. Mr. Plummer: I second the hwtion. Mayor Ferre: Is there further discussion? Alright, now let me understand what we are moving here. What we are asking... what we are doing Mr. Manager, is we are declaring the intention of this Commission to agree with the Florida Maritime Museum of the City of Miami as recommended in the past and today in this presentation and on those drawings and instructing you, sir, to negotiate with these people and come back with a concluded contract in an ordinance form for final vote. Is that correct? Mr.. Gary: Yes, sir. Mayor Ferre: Is that alright, Julian? Mr. Fernandez: Well, we seem to have reached the point we were going to without our presentation, if you are... Mayor Ferre: That's correct. Is there further discussion on this issue? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-766 A MOTION OF INTENT OF THE CITY COMMISSION TO GRANT A REQUEST MADE BY REPRESENTATIVES OF THE FLORIDA MARITIME MUSEUM TO HAVE THE CITY DESIGNATE A PORTION OF BICENTENNIAL PARK FOR THE CONSTRUCTION OF A MARITIME MUSEUM AND INSTRUCTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SUCH REPRESENTATIVESi FURTHER INSTRUCTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE FOR FUTURE ACTION BY THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. C 7. REHABILITATION PROPOSAL FOR CULMER-OVERTOWN AREA Mayor Ferre: We are now on Item 81 and Mr. Jack Arias, you have got three minutes. Mr. Jack Arias: Yes, sir. My name is Jack Arias, 5250 Collins Avenue, Miami Beach. I am a director of a non profit group which would like to rehabilitate twenty-eight units in Culmer Overtown. I would like to introduce some of the other directors of my group, please. Mayor Ferre: Go ahead, Mr. Arias, you are losing time. Mr. Arias: Ok, this is Minister Britt, another lady is Gloria Robinson and Juanita Thompson. These are people involved in community projects, the school system and social. work. I had another member, another director, a Reverend Icing who has resigned for personal reasons. There is one other director we have, which is a lady, Gladys Taylor who isn't here. We have an option to purchase twenty-eight units in Culmer Overtown and what we are asking the City is to grant twenty-eight loans to people that we will sell these units to. We plan on acquiring the property, rehabilitating the units. We are going _ to set up a management company which will create an association to stay with these buyers ongoingly and help them run their Homeowners Association and maintain their properties. Mayor Ferre: Alright, Mr. Arias, let me cut through here. Is Mr. Fonroy. still in the audience? I saw him here earlier. Or anybody involved in Mr. Fonroy's group. Is he here? Is Mr. Fonroy, still here? All right, Dena, would you address this general issue and give us your recommendation? You and I have discussed this. Now, I have met with Mr. Arias and his Committee. I think, generally they have a worthy idea. It cannot be limited just to them. 'We cannot contract with them unilaterally and arbitrarily, but hopefully this is part of the proposal that we are trying to put together to utilize our bond funds to help the rehabilitation of and the building of some housing. Ms. Spillman: We also, think it's a very good idea. We are having preliminary discussions, Mayor, with our bond counsel to determine whether we can use housing bond money for this purpose and I guess we will get back to the Commission as soon as we have the answer to it. It's a good idea. Mayor Ferre: Well, what is the next step on this? Ms. Spillman: Well, there is no CD money available, so we are working with the bond counsel to try to 9et them to tell us that we can work out an arrangement to fund something like this. Mayor Ferre: Alright, I will tell you, I would like and if somebody doesn't do it I will be happy to make the motion that would say that you are instructed to pursue this and other housing matters that are related in nature. For example, Mr. Fonroy and a gooup of individuals have tried unsuccessfully so far, to buy a--- what is T guess called a "Tenement house" for people that were evicted tragically and those people have found some funds, but not sufficient to conclude. Now, I wrote you a memorandum. You have answered my memorandum, it is part of the record. I don't know what else to do except to just formalize that by making it in the form of a motion and asking you to pursue this, work with Mr. Arias and other interested parties, Mr. Fonroy and come back with a recommendation at the earliest possible time. Mr. Plummer: If you need a motion, just do it. Mayor Ferre: No, I guess we need to formalize it. Do you want to move it J. L.? Plummer moves, Gibson seconds, further discussion, call the roll. Ion MOTION NO. 81-767 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURSUE A RE -HAD PROPOSAL MADE BY MR. JACK ARIAS FOR THE CULMER-OVERTO N AREA ON BEHALF OF THE "DIVINE MISSION BUILDING GROUP" WHICH 0OUP HAS MADE PROPOSALS FOR RE-HAB HOUSING; FURTHER REQUESTING THE CITY MANAGER TO ASCERTAIN WHETHER HOUSING BOND FUNDS MAY BE USED FOR THIS PURPOSE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES) None. ABSENT: Mr. Carrillo. 38. APPROVE SENDING OF DELEGATE TO 1981 INTERNATIONAL SCIENTIFIC FORUM ON t-7iANGES IN ENERGY TO BE HELD IN MEXICO CITY Mayor Ferre: Majorie Serralles, scientific forum on change. Now, this is something that Dr. Casalago, from the University of Miami has written requesting that the University of Miami help in this matter. How much is involved, Majorie? Ms. Majorie Serralles: They have not mentioned the amount, but it's just the expenses of the trip. Mayor Ferre: The expense of what? Mr. Serralles: The trip... to go to Mexico City representing the City of Miami at the congress. It's a world congress on changes in energy. Mayor Ferre: Alright, Mr. Manager, would you negotiate this with the proper people at the University of Miami. I will be happy to make a motion that pending your approval and subject to your approval that this fits a public purpose for the City of Miami that this Commission would go on record and I would so move. Ms. Serralles: Dr. Casalago. • Mayor Ferre: That's Dr. Casalago. Ms. Serralles: Peron Casalago he is the director of the theoretical studies. Mr. Gary: You can talk to me after the meeting. Mayor Ferre: Alright, I so move. Mr. Plummer: Well, Mr. Mayor, I would like to second the motion, but I cannot do it sir, without knowing the amount. Mayor Ferre: That's why I left it in the Manager's hands. Obviously, it's a round trip ticket to Mexico,,which is what? Two hundred fifty dollars? Not to exceed five hundred dollars. How is that, ok? Does that cover it? Mr. Plummer: I can go for that. Mayor Ferre: Ok, I moved it, Plummer seconds it, call the roll. Rev. Gibson: Call the roll. 123 va"..! �/ tti7V1 a s .i NOTE FOR THE RECORD: AGENDA Item No. 82 ("Request by Marjorie Serralles of permission to attend the 1981 International Scientific Foruim on Changes in Energy in Mexico City, as a representative of the City") was approved, providing funds not to exceed --- $500.00 upon approval of the City -------- --- - Manager. 39. PROVIDE ASSISTANCE TO ORANGE BOWL FIRST GREAT INTERNATIONAL FAIR WAIVE PERMIT FEES FOR CONCESSIONS, RIDES, BOOTHS ETC. Mayor Ferre: Alright, next is Luis Sabines, Latin Chamber of Commerce and this is Item 83. (SPEAKS IN SPANISH). I'm going to interpret for him. Mr. Luis Sabines: (SPEAKS IN SPANISH). Mayor Ferre: (TRANSLATES)..."My name is Luis Sabines, I am the President of the Latin Chamber of Ccmmerce. We have a fair for the month of January as you can see in the brochure we have given to you. This fair will represent more than a hundred thousand dollars for the City of Miami in benefits. We would like for the City of Miami to help us with the parking. (ASK QUESTION IN SPANISH). Mr. Sabines: (REPLIES IN SPANISH). Mayor Ferre: What I specifically what is where the people park. To put the carousels in the areas where the people park." Now, what authority do we have to do that? I don't know. Do we have any authority? Mr. Plummer: What do you mean carousels. Mayor Ferre: Carousels. He wants the City of Miami's help to put carousels in the lots near the Orange Bowl. That's what he is asking. Mr. Jennings: Not help, I don't believe. He wantp permission, I believe, Mr. Mayor. That's all. Mayor Ferre: Excuse me? Mr. Jennings: I believe what he wants is permission. Mayor Ferre: Permission? Mr. Jennings: Permission, not help, but permission. Mr. Plummer: What kind of carousel? Mr. Jennings: They are planning a fair. Mayor Ferre: A fair, like the one that Saint Micheal does. Mr. Plummer: Are you talking about an amusement ride? Mr. Jennings: Yes, sir. Yes, sir, all sorts of things. Just like a carnival that you have seen... Mayor Ferre: (ASK QUESTION IN SPANISH). He is not requesting any financial support or help, he says he wants the City's cooperation in acquiring the property so that his carnival and the carousels can be properly done. Is that... Do you recommend that Bob? Imo'. Jennings. Yes. Yes, I do. It's going to be a ten day event. They will also use the interior of the Orange Bowl some of the time for concerts and so forth. It's a regular carnival with rides and... 124 - �, ( Mayor Perres Alright, thank you. Janet Cooper for the objections. Mr, Jennings: They will be paying us, in fact. Ms. Janet Cooper: I'm sorry you keep putting words in my mouth, Mr. Mayor. Mayor Ferre: I'm sorry, for your support. Mr. Cooper: I have a question. I want to know if this is going to require any great expenditure of personnel? Are you going to have City personnel putting it up or merely in getting the paper work? Mayor Ferre: The answer is "no". The answer is "no". Ms. Cooper: Ok, I have no objection, Mr. Mayor. Mr. Plummer: Janet, he just said it was going to be a revenue producer for _ the City. Mayor Ferre: Further discussion. Alright, Mr. Lacasa moves, Mr. Plummer seconds that the City of Miami staff be instructed to assist in the preparation for the spectacular rides, exhibitions, international food and so on. Artistic shows game booths and so on, that the Chamber of Commerce is going put on in January. Further discussion? (COMMENT INAUDIBLE) . Mayor Ferre: Alright, any expenditure on the part of the City of Miami and I am submitting this to the Clerk for the record so that it is available since there are no financial expenditures on the part of the City of Miami. Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-768 A MOTION GRANTING A REQUEST BY LUIS SABINES, PRESIDENT OF THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA FOR CITY OF MIAMI ASSISTANCE IN THE STAGING OF A CARNIVAL TO BE HELD ON THE GROUNDS OF THE ORANGE BOWL STADIUM AT NO EXPENSE TO THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. FURTHER DISCUSSION: Mr. Lacasa: Mr. Mayor, since Mr. Sabines is here and also, Mr. Nunez, I would like to introduce a pocket item. (CONVERSATION IN SPANISH). Mr. Lacasa: He wants the waiver of the thirty-five dollars per week, Mr. Mayor. The waive of the fee of thirty-five dollars. Mr. Plummer: (SPEAKS IN SPANISH). Mayor Ferre: (SPEAKS IN SPANISH),. Mr. Lacasa: The waiving of thirty► -five dollars per week--- I mean, permitting of t4eir,equipment, piece of equipment that is going to be place there. Mayor Ferre: Are you moving it? Alright, how much is involved in it's totality? 125 SEP 10 1981 y (COMMOTS INAUDIBLE). Mr, Nunez: Mr. Mayor, what the President is asking is the exception of the payment of the permit. it Mayor Ferre: I have a simple question. How much is involved for the peymente thirty-five dollars per machine. You have two machines, three machines? Mr. Nunez: Well, we are planning to put a lot of concessions. Mayor Ferre: How many concessions? A hundred, five hundred? Mr. Nunez: Well, we are planning a tremendous fair with many concessions and as many spectacular rides that we can put in to bring a tremendous attraction to the City of Miami, especially for the spectacular concerts that we are bringing into the Orange Bowl. Mayor Ferre: Mr. Manager, is there an economic benefit to the City of Miami in thus? Mr. Gary: The payment for that exception, because we have to pay the enterprise fund which is self-supporting would have to come out of the festival budget. Mayor Ferre: Alright, how much is involved? We must have an amount. (SPEAKS IN SPANISH). Mr. Sabines: (SPEAKS IN SPANISH). Mayor Ferre: Alright, he is requesting a waiver of a thirty-five dollar fee for at least a hundred rides and booths, is that correct? Mr. Sabines: (SPEAKS IN SPANISH). Mr. Plummer: On the Orange Bowl? Mayor Ferre: Thirty-five hundred dollars. Mr. Sabines: (SPEAKS IN SPANISH). Mayor Ferre: Alright, before... I will recognize you in a moment Janet. Alright, first of all the request is very specific now. Hw wants a waiver of the fee as we have done with Saint Micheal and with other church oriented type of things. The thirty-five dollars per machine or per booths fee for a hundred units. (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Is there a motion? Mr. Lacasa: I have moved it. Mayor Ferre: Lacasa, moves, is there a second? Mr. Plummer: Well, you know, hey, I... Mr. Mayor, I want to work with the people, but I want to tell you I think a hundred rides at the Orange Bowl is too much. Mayor Ferre: It's not in the Orange Bowl, it's out of the Orange Bowl . Mr. Sabines: (SPEAKS IN SPANISH). Mayor Ferre: They paid our deposit for the Orange Bowl. He is talking about there is a fee whenever there is a fair that you charge thirty-five dollars. Mr. Plummer: Are we talking about the waiving of thirty-five dollars? Mayor Ferre: Times a hundred is thirty-five hundred. That's what you are waiving. Mr. Sabines: (SPEAKS IN SPANISH). Mr. Plummer: Oh, oh, it's not a hundred rides? 486 14 Mayor Ferre: No. Mr. Jennings: No, no, it's rides. It's game booths. It's food/hot dog stands. It's.. Mayor Ferre: Well, what's your recommendation, Mr. Jennings? Mr. Jennings: On the waiver? Mayor Ferre: Yes. Well, tell it like it is. If you are objecting to it, then say it. Mr. Jennings: Well, I think the City will realize much more than thirty-five hundred dollars in revenues from this event, because they do plan on a number of evenings having concerts within the Orange Bowl which they intend to pay for. They are going to pay for the use of the Orange Bowl Stadium and the City will net revenue. Mayor Ferre: And the City will net more than that by doing this. Now, is there a second to this motion before... Mr. Plummer: Well, Mr. Mayor, if in the final analysis is we are going to make money on the deal, then I have no problem and I second the motion. Mayor Ferre: Alright, there is a second by Plummer. Alright, Janet, quickly. Ms. Cooper: First of all I object because this has not been properly brought before the Commission and there is nothing in wrYt'ing. Apparently, nobody knew this was going to be brought up until just this moment. I object to the manner and means in which it's been brought up and I think the Festival Committee would object as well. Second of all, we are not talking about a church. We are talking about an organization of profit making businesses. Mayor Ferre: No, no, it is a non-profit organization. Ms. Cooper: The Chamber of Cpmmerce does not consist of profit making businesses? Mayor Ferre: No, the Chamber of Commerce is not a profit making organization. No, it is a non-profit, tax... Ms. Cooper: That's not my question. Who belongs to Chamber Commerce? Mayor Ferre: Yes, of course, businesses. Ms. Cooper: Profit making businesses and it's profit making businesses that are going to be having this enterprise. They will be charging money, they will be making profit on this. There is no reason why they can't pay a reasonable fee especially since I heard the Manager say that it's going to cost the City money to pay somebody else. The money... it's not like we are just waiving an income. It's costing the City money. The City has to put money someplace else. I think since they are charging money, since it's a profit making venture, since it's a organization of profit making enterprises and since this organization has come before you and.gotten substantial funds on other occasions just recently, I think that this is unreasonable. + '-sve no objection to the use of the property and having the assistance of the City to get the property, but I don't think this fee should be waived. Mayor Ferre: Mr. Jennings, tell us how much will these people be paying in rental to the City of Miami in total. A thousand? Ten thousand? Mr. Jennings: They will be renting one side of the stadium for--- how many evenings is it? Can you tell me again, I am sorry? How many evenings? UNIDENTIFIED SPEAKER: About six days, but also we didn't decide exactly, but the main thing is for those big events we have to pay fifteen percent of the profit which we will... we could say we will have to pay over a hundred thousand dollars to the Orange Bowl. So, we need a little help. Mr. Jennings: Let me just say that if they use the Orange Bowl six evenings and use one side of the stadium the minimum guarantee would be thirty thousand. Mayor Ferre: Alright, is there further discussion on this item? Further 127 Th disoissi&? Alright, cal; the roll. ON ROLL CALL: Mayor Ferre: I vote "yes" because I think it is of overwhelming of value and to the economic well-being of the City of Miami. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-769 A MOTION GRANTING THE REQUEST OF LUIS SABINES, PRESIDENT OF THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA TO WAIVE THE $35.00 PERMIT FEE FOR THE APPROXIMATELY 100 RIDES, CONCESSIONS AND BOOTHS, IN CONNECTION WITH A CARNIVAL TO BE HELD ON THE GROUNDS OF THE ORANGE BOWL STADIUM. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. PERSONAL APPEARANCE: ROB GLAUBMAN REQUESTING FUNDING 1982 BIG ORANGE FESTIVAL Mayor Ferre: Item 85, quickly. Mr. Rob Glaubman: Mr. Mayor, my name is Rob Glaubman. I'm the President of Performing Arts For Community Education and this is Steven Parsons the Executive Director. We are here to request support for this year's Big Orange Festival. We have made application to the Festival Committee. We are requesting fifty thousand dollars in support of this festival. Mayor Ferre: Alright, what is the Festival Committee's recommendation? UNIDENTIFIED SPEAKER: The Festival Committee has recommended that they support the line item appropriation of the quality of life budget of twenty-five thousand dollars that we had and we understand it's in the budget. Mayor Ferre: Alright, we will take this up, Rob, we have to do it this way, when we take up the other recommendations of the Festival Committee. We cannot... We just saw that for the Orange Bowl Blossom Classic we didn't make an exception and we can't make it for you. It the time that it comes up you have my commitment that I will support it. UNIDENTIFIED SPEAKER: Mr. Mayor, the Committee has recommended that they would support the Commission's action on the quality of life twenty-five thousand of the line item, What we are requesting is, an increase in that twenty-five thousand dollars appropriation to fifty thousand dollars as our request. Mayor Ferre: Well, what does the Manager recommend? Mr. Gary: Well, first of all you have got to review the budget and make a decision. Secondly, I think it's going to be very difficult for us to increase the amount that he got this year in view of the other budget cuts that we have. Mayor Ferre: I understand. Mr. Gary: I think the original amount is twenty-five thousand we have in the budget. 128 ., T Mayor Ferre: Rob, my answer to you is, I think that we cannot do this unii.at+arally and arbitrarily at this time. It has to be part of the vM16 budget process. Mr. Glaubman: Ok, whatever you say. Mayor Ferret I'm sorry, I would like to help, but right now we have to do it this may. Mr. Glaubman: Can you tell us when those will be coming up? Mayor Ferret In about one hour. Mr. Glaubman: One hour. Mayor Ferret Yes, for preliminary discussion and then we have the second hearing on the 24th of September. 41. PROVIDE FUNDING FOR URBAN LEAGUE OF GREATER MIAMI 9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNAMENT. Mayor Ferret Alright, we now have Item 86. Yes, sir? This is the Urban League of Greater Miami 89th Annual Joseph Caleb Memorial Golf Tournament. We have always helped in this. I think for years the City of Miami has done this. We did it last year, didn't we? Mr. Gary: I don't recall. Mayor Ferret Did we help last year and the year before that and the year before that? Mr. Al Howard: Yes, you did. Mayor Ferret And what amount did we help last year? Mr. Al Howard: Twenty-five hundred dollars last year, but this year we were hoping to'get a contribution of five thousand, because our tournament is going to be so much larger and it is far more expensive to use the golf course and have the dinner and all of the other amenities that go with it. Mayor Ferret What's the will of this Commission? Mr. Lacasa: Move. Mayor Ferret Alright, moved by Lacasa, is there a second?. Rev. Gibson: Second. Mayor Ferret Further discussion? Janet. M Ms. Cooper: I would like to get some information again. I would need to know are we paying for the dinner for the contestants? Are we paying for their green fees? Are green fees being waived? Are we paying for trophies? Is there any entrance fee? Has anybody else been approached for contributions? I mean, this City... I would like to quote you Mr. Mayor. This morning you said "As you know, we are very strapped for money. I guess that's an understatement". Those are youX exact words. Mr. Mayor. And we cannot afford to be giving parties for everybody to play golf and to eat on the City rolls when we are broke. Mayor Ferre: Janet, you missed the whole point. The Urban League of Miami has a fund raiser. If the Urban League did not exist in my opinion, the 129 expenpe Ifo tpe governments, including the City of Miami# `could be ftdh, Muth toore than the amount they are requesting. This is the only help we give the Urban League. This is the only help and they go out and they raise substantial amounts of money. Much more than five thousand dollars. Ms. Cooper: Mr. Mayor, I don't dispute that and I don't say that the Urban League is doing anything wrong, but I say let's have the information provided do that we can see and make ap intelligent decision. If the only funds are coming from the City of Miami and if it's paying for people's dinners, I don't know that, that's fair. I just would like the information. Mr. Howard: That's not the case, if I may, Mayor. That isn't... Ms. Cooper: Well, that's why I'm asking. Mr. Howard: Ok, if I may, you gave them seed money of twenty-five hundred last year. They charged a fee. They collected for the green fees. They collected for the dinner and they turned in the money they made. So, really, that all they are asking is for upfront money to pay the cost of the golf course. Mayor Ferre: Mr. Howard, do you recommend this? Mr. Howard: I certainly do. Mayor Ferre: Alright, is there further discussion, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-770 A MOTION GRANTING A REQUEST MADE BY DICK SATTERFIELD, VICE _ PRESIDENT OF COMMUNITY AFFAIRS FOR THE URBAN LEAGUE OF GREATER MIAMI, INC., REQUESTING FUNDING FOR THE URBAN LEAGUE OF GREATER MIAMI "9TH ANNUAL JOSEPH CALEB MEMORIAL GOLF TOURNAMENT", SUCH FUNDS IN AN AMOUNT NOT TO EXCEED $5,000.00. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 42. PROVIDE FOR ADVERTISING FOR R.F.P.'S - AUDIT ADVISORY COMMITTEE Mayor Ferre: Item 89, alright. Mr. Manny Garcia, Chairperson of City of Miami Audit Advisory Committee. Mr. Garcia. Mr. Manny Garcia: Mr. Mayor and members of the Commission, I am the Chairperson of the City of Miami Audit Advisory Committee and I would like to take a moment of your time to bring to your attention that included in your material are copies of our Committee recommendations for the City independent auditors proposal. we anticipated receiving proposals by October 30th on different C.P.A. firms and concluding the evaluation process we will present the Committee recommmendation to the City Commission on December 10, 1981. That's all I would like to say at this present moment and please look over our proposal and see if you can approve it. Mr. Plummmer: I move it so that they can advertise. Mayor Ferre; Is there a second? 130 f Mr. Lacasa: Second. 1 mayor Ferre: Further discussion, call the roll. The following nation was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-771 A MOTION OF THE CITY COMMISSION APPROVING THE RECOMMENDATIONS _ OF THE CITY OF MIAMI AUDIT ADVISORY COMMITTEE AND AUTHORIZING FUNDS NECESSARY TO ADVERTISE FOR EXTERNAL AUDIT SERVICES FOR THE CITY. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 43. PERSONAL APPEARANCE: SOCIEDAD PRO ARTE GRATELI REQUEST FOR FUNDS: SPANISH VERSION OF "TAMING OF THE SHREW" Mayor Ferre: Mrs. Pili de la Rosa, Mr. Enrique Beltran, this is E1 Carrusel requesting funds for the presentation of "The Taming of the Shrew" in Spanish on September 26th. UNIDENTIFIED SPEAKER: I -come on behalf of the Sociedad Pro Arte Grateli, Martha Perez, Pili de la Rosa, Demetrio Mendez and Mr. Enrique Beltran as Carrusel. The reason for our petition is we were asking this money to cover the cost for the performance of such an expensive production of "The Taming of the Shrew" for the first time... Mayor Ferre: May I ask you... we have a procedure here. Have you gone through the City of Miami's procedure. There is a Committee that is established for this purpose. Have you gone through the procedure? UNIDENTIFIED SPEAKER: I think we have. Have we? Yes, sir, we have. Mayor Ferre: And does it have the recommendation, Mr. Manager, of the Committee? Mr. Gary: I don't have a recommendation. Mayor Ferre: Alright, Mr. Beltran, when did you go to the Committee? Mr. Enrique Beltran: We through Mr. Cesar Odic, we made a proposal and we sent copies to all of the Commissioners. Mayor Ferre: That's not the question. I'm not asking whether you made a proposal. I'm asking was it approved by the Committee. There is, you know, we have a lot of people who ask for these funds and I want to tell you that I am totally in support of your request, but it must go through the procedure. Mr. Beltran: Well, Mr. Odio and I went to Mr. Lacasa's Office and he told us to present this to the different offices everything written and they told us to come... Mr. Lacasa: Enrique, what the Mayor is saying is, that you have to go through 1 the procedures. Which is to go through the staff, then the staff makes a , recommendation to the City Commission. What I told you is, that I was going to support the concept, but what he is saying is that first you have to j go through the staff. 1 131 A SEP 1 0 198, 1 a : Mayor Ferre: You have to do it. You have my support, but you trust go through the procedure. I'm sorry. Mr. Beltran: Alright, I didn't know about the procedures. Mayor Ferre: Well, we will see you back here at the next Commission meeting .on this. r44. PE�iSONAL APPEARANCE: HERB GOLOB AND CHUCK BROMLEY REQUESTING FUNDS FOR LAW ENFORCEMENT APPRECIATION FOUNDATION Mayor Ferre: Alright, the next is 91, which is Herb Golob and Chuck Bromley and I apologize to all of you for this... I know you have been here all day. Mr. Chuck Bromley: Mr. Mayor and Commissioners, my name is Chuck Bromley. I represent the Law Enforcement Appreciation Foundation. Yesterday Major Clarence Dixon, commander of the uniform patrol was upset at the death of Officer Broom, that the men begin to question whether the community is behind them ten percen, five percent or no percent. We represent a group of private citizens who have been working now for the last six months putting together a stress center for law enforcement officers. We have for all law enforcement officers in Dade County. We are not for profit corporation under Chapter 617 of the Florida Statutes and the activities of the corporation are consistent with Section 501-C3 of the Internal Revenue Code. You have each been given a sample or a duplicate proposal that you have been delivered as well as a budget on the very last page. We are asking each of the municipalities and the County to give a prorated share of seven percent for start up funding with our commitment that the additional ninety-three percent will be raised from the private sector. Mr. Herb Golob is the President of the Law Enforcement Appreciation Foundation and I would like to introduce him and ask him to say a few words. We are asking for an allocation of ninety-three thousand dollars as start up funding. Ninety-nine thousand seven hundred fifty dollars from the City of Miami. Mr. Golob? Mayor Ferre: Alright, Mr. Golob? Mr. Herb Golob: Mr. Mayor and Gentlemen of the Commission, you know, we know that police work has been identified as the most psychologically dangerous work in the world. Police officers exhibit a very high unusual amount of absenteeism, ulcers, arthritis, emotional problems and various other problems due to the stress connected with their work. Three fourth of all heart attacks that police officers have are due to job related stress. What we are attempting to do is to start a stress center to handle stress in it's three different phasep, mental, physical and social stress and the police fraternality are the only group in the world that actually have need and feel this stress in these three ways. This is something we are coming to you to help on a one time basis. We are not going to come back to you. We would appreciate if any of you... you cannot serve on the board of directors because you are public officials elected, but we would be happy for all of you to come down and sit in on our Board of Advisory which Mayor Ferre is on the Board along with Mayor Clark and the Governor and some U.S. Senators and this and that. If any input and to see where your money is going and just what we want to do with this. Mayor Ferre: Alright, now, Herb, get to the point. How much are you asking and for what purpose? Mr. Golob: Ninety-nine thousand seven hundred fifty dollars for start up money on a one term basis. One shot. Mayor Ferre: Alright, Mr. Golob, I now... I just want to speak as one member of this Commission. I have been to two of your meetings. I am very impressed with the importance of the subject that you are dealing with. I do not think that this Commission at this point before going into this 132 _ G a budget can unilaterally come to a conclusion. After the budget process I 11mt to pledge to you that I will try my very best to--- and my vote will be there--- to be of help, because I think it is the single most important thing that to can do for the Police Mpartment at this point. And Wally, I would like to recognize you on the record representing the union, the police officers, would you give us your opinion on this item? Mr. Walter Rodak: Thank you, Your Honor. Walter Rodak, President of Fraternal Order of Police. Your Honor, the Fraternal Order of Police, which represents all police officers thoroughly endorse this project. I have sat in on many meetings and we feel that this is something that will help all the police officers and their families in the future. Mayor Ferre: Alright. Now, I would like to do it this way and I will do it in the form of a motion on intent, alright? Father I give you the gavel and I move you, sir, that the Manager be instructed to sit down with Mr. Golob and the others involved in this project, including Metropolitan Dade County and after assurance that this is something that is for real and that it is not just somebody's dream and after it has been properly checked professionally and approved also by the Chief of Police, that you bring this back for specific deliberations with a recommendation from the Administration and would you mark it as a public hearing at that time before this item is concluded, so that it is properly exposed to the public with plenty of notice, it's properly - advertised and then we will deliberate on the issue at that time. Mr. Bromley: Mr. Mayor, we addressed the Chiefs of Police Association and we have their backing unanimously. As a matter of fact, Chief Harms was supposed to meet us down here, but he... I don't know, he is late. Mayor Ferre: I'm sure you do. This is a motion of intent just saying that in principle we agree with you, but it must go through a process. Now, this does not in anyway get you the money, you understand that. We are just starting a process. Rev. Gibson: Alright, do I hear a second? Alright, questions? Ms. Cooper: Janet Cooper, first of all, I would like to say that not only I --- but I don't know of anybody who doesn't support the police. We know they are under tremendous stress and they need help in this factor. It sounds like a good project from what I have heard. It's only, again, a few lines, you don't have any information. I would like to point out to the City Manager, I'm sure he is aware of it, but just for the record, that the City police already have some availability of stress clinics that they go to and when you are weighing this factor you might consider how much we will save on the amount we are already spending on stress factors, because I would like to see something like this go through. Rev. Gibson: Call the roll. Mr. Ernie Fannotto: No, I would like to speak on this, Mayor. Honorable Vice -Mayor, Ernie Fannotto is my name, President of the Taxpayers League, Miami and Dade County. I have always supported police and firemen, but Mr. Mayor and Commissioners, where is all this going to stop. The City of Miami is in bankrupt, semi -bankrupted. You can't pay, you have to lay-off a lot of employeea. Now, today... this is more important than some of the others and I will admit that, but where are you going to stop giving this money away. Mayor Ferre: Ernie, we are not giving any money away today. Mr. Fannotto: Well, you allotted it. Mayor Ferre: No, sir, we have not. Mr. Fannotto: What all these people come up here, you just as good as say I will vote for it. I'm going to approve it. Mayor Ferre: No, sir. No, sir. You didn't listen. What we have done is, we have asked the Manager to negotiate this item, assure that it is proper, get the Chief's recommendation, call for a public hearing and bring it to discussion before the public. Now, that is what we have done. Nothing more and nothing less. mts Fatmotto: Alrighti Mayor, 3 valid just like to conclude by sayiftl you Mgt have given out over a milliem and a half dollars of the taxpayers money this year and I just want this statement made and I want the people to knout awe# there is nobody accounts for any money that they get. I would like to haae everybody that gets money show some accountability and have a statement to the last dollar of what they did with the money, how they spent it and 10 we will know whether it was worthwhile spending. Mayor Ferret Alright, quickly, Herb. Mr. Golobt Ok. Sir, I will tell you, you know, the Governor called us up to Tallahassee--- I also happen to be President to the Restaurant Association --- to feed a hundred fifty State Troopers down here. Did you pay for any of that money? Well, I will tell you, no you did not. To feed these troopers, myself and about twenty-five other restaurants in Dade County, we fed the hundred fifty troopers for five months, twenty-eight thousand meals we gave them. We didn't ask you for anything. Last year to show our appreciation of the police we ran a little picnic called "Police Appreciation Day". Did you pay a penny for that? No, we did. We fed ten thousand policemen and their families. We picked up the tab. This just happens to be something that's a little bit too big for any of us to do. Mr. Fannotto: Well, I don't doubt wha*.you are saying is worthy and it's a civic gesture... Mr. Golob: I mean, what we can possibly do without asking, we will do. Mr. Fannotto: ... and I will admit it, but sir, why didn't you save some of that money for yourself? Mr. Lacasa: Let me tell you this, very reluctantly I am voting on this item because I would have voted to give you the money right now. I feel that if somebody in this City needs the support and needs the whatever resources the City of Miami can put at their disposal is precisely the City of Miami Police. Yesterday we buried one of their officers killed in the line of duty preserving life and property of this community. So, let me tell you, sir, that the only reason why I have voted for a motion of intent is simply because I had not the votes to give it to you right now. Mr. Golob: Thank you, very much. Mayor Ferre: Alright, call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION No. 81-772 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET WITH MR. HERB GALOP AND MR. CHUCK GROMLEY, REPRESENTING THE LAW ENFORCEMENT APPRECIATION FOUNDATION, SUCH MEETING TO INCLUDE THE CHIEF OF THE MIAMI POLICE DEPARTMENT AND REPRESENTATIVES OF THE METROPOLITAN DADE COUNTY PUBLIC SAFETY DEPARTMENT, IN ORDER TO ASCERTAIN FUNDING SOURCES FOR THE AFOREMENTIONED FOUi,q.ATION; FURTHER INSTRUCTING THE CITY MANAGER TO COME HACK WITH A RECOMMENDATION FOR THE CITY COMMISSION AT A FUTURE, DULY ADVERTISED PUBLIC HEARING IN CONNECTION WITH THIS ISSUE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ASSENT: Mr. Carollo. 45. CONTINUE FUNDING: ALLAPAT'TAH DEVELOPMENT AUTHORITY INC. Mr. Lacasa: We still have the question of the Allapattah Program that is an emergency situation. Mayor Ferre: Alright, go ahead, Mr. Lacasa, make your motion. Mr. Lacasa: Mr. Nunez? Mayor Ferre: Make your statement and make your motion. Mr. Lacasa: Mr. Nunez, you are recognized on the question of the continuation of the program Allapattah. This program that needs the funding from the City. Mr. Elpedio Nunez: Well, Mr. Mayor and Commissioners, when I came here before and we have funded this program for Allapattah, we have been trying to do the best for the Community and we feel that we have fulfilled the recommendation that we had in this program. Now, it is our duty to continuing to doing and as far as I know, this is one of the only programs that have been questioned in the City of Miami at this time. We are devoting our time, our effort to make a better Allapattah community at this time and I would like to have your approval to continue doing our job and we are very proud so fax with the team that we are working and what we can do for that community. I ask you to consider to fund our program and let us go ahead doing the job that we are proposing to do. Mayor Ferre: Alright, is there a motion? Mr. Lacasa? Mr. Lacasa: Mr. Mayor, I move that the program be funded. Mayor Ferre: Is there a second? Rev. Gibson: I didn't hear that. Mayor Ferre: He made a motion that the program be funded. Is there a second? Mr. Lacasa: It's an ongoing type of a thing where they have been funded on monthly basis and now this month came to... (COMMENTS INAUDIBLE) Mr. Plummer: Fifty thousand dollars. Mr. Lacasa: How much is left? Mr. Nunez: Fifty thousand dollars we had before is nothing for one year and that's right. Mr. Lacasa: It's the continuation of a previous program, it's not brand new money. It's not new money, it's the continuation of an existing funding. Mr. Plummer: Wait a minute, now, you know, it's fine for you to have your boos ladies, but know what you are doing, ok? The most dangerous person in the world is somebody with a little bit of knowledge. If you know what you are talking about, - fine, fine, but don't coarse up here with this Ted Mack Amateur Hour. We are talking about a one month funding. Pat can I finish? I have never interrupted you. I voted against you, but I didn't interrupt you. UNIDENTIFIED SPEAKER: I ask the question, isn't there another group in Allapattah that's receiving money for the same purpose? Mr. Plummer: No, Ma'am, not to my knowledge. Mr. Plummer; Pat, if there is a duplication, if there is a duplication, I am 135 17 take a "tioo a<ftet thiil tW►ff to fibith that depliditift by Ott t fthey from that other program and giving it to these people. t Mr, Plummer: Would you repeat the motion? Nr# Lacasa: The motion is to continue the funding that has been given since last year to this program. Mr. Plummer: Alright, and that is funding from Community Development for business economic development which we have Hone in Allapattah, Edison Center, Coconut Grove, all of the other areas from Community Development money which cannot be used for any other purpose. If you do not use the money for the purpose in which it was intented it goes back to the Federal Government. Now, baby you want to hear a boo, I will give you one when you start sending money back to Washington. (COMMENTS INAUDIBLE). Mayor Ferre: Further discussion on this item? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-773 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST MADE BY MR. ELPIDIO NUNEZ, OF ALLAPATTAR DEVELOPMENT AUTHORITY, INC. FOR CONTINUED FUNDING IN THE AMOUNT OF $50,000. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. FURTHER DISCUSSION: Mr. Lacasa: Now, Mr. Mayor? Mayor Ferre: Mr. Lacasa? Mr. Lacasa: Mr. Manager, Ms. Pat Keller is telling us that there is duplication of funding as to this particular program in Allapattah, therefore, I am going to make a motion that you see if there is such a duplication and if there is such,a duplicate that will be immediately discontinued by virtue of maintaining this program and discontinuing the other one. Mayon Ferre: I would like to speak against that at the proper time, but you go ahead and make your statement. Mr. Gary: Mr. Mayor, I would like to inform the City Commission, that during the Community Development and Citizen Participation process the Community Development Board in the Allapattah area selected the other Economic Development Agency, Now, we have established this Citizens Participation process and I feel that if the City Commission disregards their decision, then the Citizen Participation process will be in jeopardy. Mayor Ferre: Amen, to that. Now, let me on the record say that we have followed the Federal guidelines that committees have been established, that, that community Committee in Allapattah met, that they have deliberated on this issue, that they recommend it to funding, that we have funded this program and I am totally against the arbitrary and unilateral irrevocation after that community has spoken. And I will be.voting against that on that basis and I will vote against this and any other.issue in which the community after having expressed themselves as being reversed. Mr. Lacasa: That is a new one Mr. Mayor, because I remember that it was you who tck*.. . A IP 136 �- r a Nay9t pprre: No, sir. y Mr, Lacasa: ... a Chairman of a community, elected Chairman about two and a half gears ago, because you felt, rightly so, that, that particular Chairman and I am referring to Mr. Rodriquez Quesada, was not functioning in accordance with the better interest of the City... Mayor Ferre: Not applicable. Mr. Lacasa: ... and of that particular neighborhood and at that particular time you completely disregarded the election that has taken place. So, this is nothing else,... Mayor Ferre: Not applicable. Mr. Lacasa: ...but if there is a duplication, so there is a duplication we are funding this particular program. So, what I say is if there is a duplication and we are in the process of saving some money here you have an opportunity. Mayor Ferre: Not applicable for a very simple reason. No, sir, because there was no money involved, sir. It had nothing to do with me. The fact is that Mr. Rodriguez Quesada violated as you well remember, because you voted with me every--- let me finish please, I didn't... I let you finish--- violated every realm of propriety because he would not let people speak at public hearings. Now, based on his action at that point and we were overruled in court and we had to go through a whole electoral procedure with the community, the community, not me, voted upon rules and regulations which were adopted. There was not one red cent expended in that whole process. Now, what you are talking about here is that this community called "Allapattah" has voted that this agency be the recipient of the fifty thousand dollars for economic development. This Commission has gone on record, we have voted on that, that is in existence and what you are talking about now is a punitive measure, which is to take that money which has already been granted to them based on the action of a community duly constituted, duly elected and in a duly constituted meeting and I am against that. Well, we have a... as I understand we have a motion that was made by you and I am asking for a second. Rev. Gibson: That's passed. Mayor Ferre: No, sir. Mr. Nunez, has his approval. Mr. Nunez, now you are approved, it has nothing to do with you. There is a motion on the floor to remove the previous funding of the other Committee which was approved by the Allapattah Committee. Now, is there a second to that motion. Is there a second to that motion. I understand. Alright, now, is there a second for the last time? Hearing no second the motion dies for lack of a second. 46. ISSUE DEVELOPMENT ORDER: MIAMI CENTER II Mayor Ferre: Now, we are on Item #73 at last and I apologize for this long delay. Mr. Reid? Can we move on this as quickly as possible? Mr. Reid: Very quickly, Mr. Mayor, Item 72 is now before you, a Development Order for the Miami Center II development. I have wanted to do two things, simply point out to the Commission the major changes since the last time that they looked at this project, number one. And number two, to take you through the material in terms of additional language since we are recommending that you enact. First I'm happy to report that we have agreement between the City, the County and the State with participation by Southeast Hank and the Miami Center joint venture and the Dupont Plaza Hotel in a basic transportation pedestrian scheme. This has been a logham. The basic feature of the scheme that is new... Joe, you want to point it out? The basic feature of the scheme that is new is the closing of 3rd Avenue in the provision of the pedestrian overpass at elevation 29 from the people level connection within the Miami Center garage and retail area to the Dupont Plaza Hotel. That's the major feature in terms of a transportation change that... from the previous 1 137 101981 plaft that's before you. As I said we have it motion from the Committee, the Adhft Transportation Committee iccepting this plan and we commend it to you. the second thing 1 would like to discuss is the pedestrian circulation system, the overhead circulation system which includes three major elements in the plan and in the development order. Number one, it reaffirms the connection from Miami Center I Development to Miami Center II in terms of the overhead pedestrian connection. Number two, it provides for the Dupont Plaza connections that I mentioned in connection with the road improvements and number three, it provides for connections to both the Miami. Joint Venture Hotel and Condominium from the People Mover mezzanine level of the garage and retail space. That connection also enables a person to get off the People Mover, go through the pedestrian system and walk to the Southeast Bank Building. A optional connection in the future is being shown between the property and the Pan Am Building at the stage of redevelopment. So, basically, we have an agreement on the traffic plan. We a system of overhead connections at second level pedestrian connections that is spelled out in the document. We do have continuing concerns and they are going to be expressed by Glenn Buff of the Blue Ribbon Committee with respect to the quality of that pedestrian environment. We think assuming that this Development Order is passed today a lot of time and attention has to be devoted at ground level to enhancing the environment of the pedestrian. Now, quickly, you were provided a copy this morning of a Development Order that includes language that has been recommended by the Administration after consultation with the attorney for the Dupont Plaza Hotel and with the attorney for the Miami Joint Venture. They don't agree in every detail of this language, but I would like to point out quickly what it contains. First on-�-o the third page of the resolution is a clause stating in the case of those provisions which affect the Dupont Plaza Hotel upon approval by the Hotel. That basically, protects the Hotel in the development order process. That's in your resolution on page 3. In your Development Order on page 2 of the Development Order at the top of the page, fourth sentence, is new language stating... Mayor Ferre: Wait a minute, you are going to fast. This is page what? 2? Mr. Reid: At the top of the Development Order, not the resolution. You are looking at the resolution, Mayor. Page 2, the Development Order is behind the resolution. Mayor Ferre: Wait a minute. Is this it here? Mr. Reid: Yes. Mayor Ferre: Ok. Mr. Reid: Go to the sixth page in... Ok, at the top of that page where it begins "The applicant voluntarily stipulates". Mayor Ferre: I see. Mr. Reid: We have included in the fourth sentence a clause saying "Except that the ramps and roadways along Biscayne Boulevard Way had been modified as reflected in figures 1, 2, and 3 and the schematic drawings attached". The purpose of that sentence is to acknowledge that we not only have the model, but we have the modified roadway system that I showed you, that we are holding the Dupont Plaza to. On the same page, point seven, the words "peaeatrain connections" are added so that the police security can look at pedestrian connections. On the following page, page 8, we required that the upper level system operation will coincide with the operation of the Downtown link to Metrorail. At the bottom of the page we say that the City will provide security for the second level pedestrian connections. On page 7, rather page 6... Mayor Ferre: The one that starts up in the top "To resolve these problems?" Mr. Reid: No. At page 6, it begins "Second level pedestrian connection". It's after the two maps Mr. Mayor. Mayor Ferre: Oh, I see. Ok. Mr. Reid: After the two maps... t� Mayor Ferre: After the two maps, I'm with you, go ahead. 100 Mr. Reid: It begins "And underline the hotel and officer building easterly of the structure and so forth". This does two things. It fixes the location of the overhead walkway and it guarantees that the applicant shall pay up to a hundred precent of the cost. There maybe some... in terms of my comments, I think there is going to be some suggested language from the applicant, but I wanted to acquaint you with all these changes. On the next page it stipulates that the Dupont Plaza Hotel shall accommodate the pedestrian connection. The next page is just some clarifying of language relating to the Pan Am Bank connection and stating that the applicant shall be responsible for maintaining the pedestrian connections which he constructs. Sections 11A and 12A just have a clarifying sentence to indicate that they do not relieve the applicant of anything required under 10A. Simply clarifying language. And there is one more on page of the Development Order indicating that the applicant will cooperate with the Dupont Plaza Hotel in the future in obtaining a direct ramp connection from I95 to any new building erected on the Dupont Plaza Hotel site. This is technical and perfecting language. There maybe some suggestions to modify it, but we think with the improved highway plan, with the pedestrian system, with the comments and concerns that the Blue Ribbon Committee has about future work to be done, that we can recommend the enactment of this Development Order. Mayor Ferre: Thank you, sir. Mr. Colson, you... Oh, I'm sorry. Mr. Reid: One more thing. We have the Blue Ribbon Committee, Mr. Buff here. Mayor Ferre: I will recognize him in a moment, Mr. Buff, in a second. Mr. Colson, you represent Southeast Bank, do you and the joint venture between Southeast and the Geralo Hines Corporation? Mr. Colson: Yes, sir. Mayor Ferre: Alright, now, have you had an opportunity to review this Order and can you tell us for your client how you stand on this? Mr. Bill Colson: Yes, sir. My name is Bill Colson, Concord Building, Miami, Florida. We received the Order just this afternoon. There are two or three minor mistakes I believe, that are... that I have spoken to the Gould interest and to Mr. Reid. I would like to put those in the record and have some. On page 3, there is a sentence discussing the new promenade and in this sentence it says that Southeast will provide a reasonable egress from the Southeast - parking garage and this is the new promenade that will be between the two buildings. I would like to put in the record that Mr. Gould and I and Mr. Reid all understand that there will be a minimum of access of four to six p.m. On page 5, there is a map. This map... Mayor Ferre: Excuse me, Mr. Reid, on the record are you aware of this and you subscribe to this? Mr. Reid: Yes, we agree to that. It's in the Southeast Development Order. Mayor Ferre: Ok, go ahead. Mr. Colson: Thank you. On page 5, there is a map. That map is different from the ones that you have seen and there is a discussion on this map of a possible pedestrian bridge that would come from our building on the North side of 3rd Street over to the moved DCM. That may or may not be requizz4 by you as a Commission in the future. However, it's drawn wrong. It's... So, therefore, I would like to comment on that and go to the last thing and that:.. Mayor Ferre: wait a minute, one step at a time. Mr. Reid, did you follow that? Mr. Reid: Yes, I do. We would like to submit to this figure 2, in terms of the exact location of the drawings of the pedestrian system as illustrative and like to so stipulate that the figure 2, be amended to say that. Mayor Ferre: Ok, next? Mr. Colson: And in the... if you will go to page 10, that there is again, another drawing and this has,been added in here and this one does have a couple of pretty serious problems on it. I would like to state for the record that Southeast has its own Development Order. Southeast has received it's 999 building permit and we are proceeding. However, this through mistake and 11 again, the Gould interest and I believe Mr. Reid has seen this, but it has 4 139 ' mentioned on here on page 10, if you will look on 3rd Avenue and I'm going to hold mine up side ways, that there is here said "Recommended entrance drive". And this is something that was put on there by mistake, I'm sure. Mayor Ferre: Alright, let the record so stipulate it. Are you in agreement with that Mr. Reid? Do you know what he is talking about? Mr. Reid: Would you mind pointing it out on the map here Mr. Colson? Mr. Colson: Sure. Mayor Ferre: Yes, in the map here... Mr. Colson: There is a break through here and there is an old problem of whether there was a discussion at one time instead of our entrances and exits being here and here, that they might be on 3rd Avenue. And this is where you see here. See, that's just a mistake that is on there. Mr. Reid: We have no problem with taking it out. Mayor Ferre: Mr. McManus... wait a minute, stipulate into the record what page exactly you are talking about? Mr. Reid: I would stipulate that on page 10, on 3rd Avenue on the Westerly side of the Southeast Bank garage that we have no problem with taking out the designation recommended entrance drive. Mayor Ferre: Alright, next? Mr. Colson: Now, because right there beside that it gets into sidewalk width. There is no intent here, I'm sure on the part of anybody to get that detail. But unfortunately, this Development Order says that you approve this piece of paper and I don't think there is an intent to do that. So, therefore, I respectfully request that in the approval if you so approve and we have no objection to that, of those other three blocks of Mr. Gould, that there be a statement that nothing herein in this Development Order is intended to change the Southeast Development Order or building permit as to traffic, vehicle or pedestrian traffic. Mayor Ferre: I'm sure there is no objection to that, is there? Mr. Reid, you have any problems with that? Mr. Reid: I have no objections to that Mr. Mayor. Mayor Ferre: Alright, into the record, is there anything else you want to say Mr. Colson? Mr. Colson: No, sir, thank you, very much. Mayor Ferre: Alright, sir. Mr. Paul, you represent the Dupont Plaza and Mr. Skip Sheppard. Mr. Dan Paul: Mr. Mayor, we have met with the Dupont Plaza Task Force on numerous occasions since our last meeting and also with Mr. Gould's interest and we have jNOTHING RECORDED AT THIS POINT)... an agreement on most of the major problems that existed and we are in agreement with the Development Order as presented by Mr. Reid. There is one or two problems that are yet unresolved that have to be resolved by the City Commission and Mr. Sheppard wants to talk to those at this particular minute. Mayor Ferre: Alright, Mr. Sheppard. Mr. J. Skip Sheppard: My name is J. Skip Sheppard of Dupont Plaza Hotel. The only problem that we have that we must try to consider is the overhead bridge that Mr. Gould has agreed to build. Kaygr Ferro: Now, what overhead bridge? Mr. Sheppard: The overhead bridge from his garage to the Dupont Plaza building. Mayor Ferre: Are you talking about the pedestrian bridge? 11 Mr. Sheppard: Yes, the pedestrian bridge. Mayor Ferre: I see, ok. Mr. Sheppard: Yes, the only question we have to resolve is whether we are going to have... whether that should be an open bridge or a closed bridge. That's the only thing. We are trying to resolve that. Mayor Ferre: Alright, is that something that can be resolved, Mr. Paul, today, that can we stipulate? And Mr. Gould will eventually will have to come up and stipulate all these things you are disagree at the proper time. Mr. Paul: Well, I think the design of that bridge is to be developed by Mr. Gould in consultation with the hotel, but we have been unable to agree on the design of the bridge. Nobody has any design at this point and the Commission will have to make the final decision. Now, I think Mr. Sheppard's point is that he wants to be on record that the hotel's position is that the bridges in this area, the pedestrian bridges should be enclosed bridges and not open bridges and that the problem of the maintenance and repair of those bridges has to also be resolved. Mayor Ferre: Alright, Mr. Reid, will you now stipulate into the record that you agree with the statement made about the covered nature of the to be designed bridge? Mr. Reid: The statement Mr. Mayor, was enclosed bridge. I agree that the bridge should be covered and if federal aid funds are received it will probably... probably portions of it are going to be enclosed. Mayor Ferre: The question is, do you agree with that? Mr. Reid: I agree that the bridge should be covered and I think the... probably partially enclosed. But the question of air conditioning comes up. There is a process for designing this. Mayor Ferre: That was not brought up. Why are you bringing it up now? Mr. Reid: I'm bringing it up because presuming if it's enclosed, in the Summer time that issue has to be dealt with. Mayor Ferre: Well, it could have fans. There are other ways of solving that. I don't know how to solve that. I'm sure that, that's something that we will have to deal with at the appropriate time. Mr. Reid: I think that we have a process that the bridge is going to be designed in consultation with the hotel. If the hotel doesn't agree with it, the City Commission will decide. Mayor Ferre: Obviously, that's precisely the point. Now, Mr. Reid, there was another question with regards to security and maintenance of these crossways. Mr. Reid: The security we have suggested in the Development Order should... because the cross walks are above the public streets should be provided by the City of Miami Police. Maintenance, we had suggested in the Development Order should be provided by the person who constructs the bridge. Mayor Ferre: Alright, sir, now, we have Mr. Glenn Buff, who represents the Blue Ribbon Committee. Mr. Glenn Buff: Mr. Mayor, I have a statement that I would like to read into the record from the Blue Ribbon Committee. Mayor Ferre: Please, sir, go ahead and do it. Mr. Buff: My name is Glenn Buff, a member of the Blue Ribbon Committee and I have some copies I will leave with you. The Blue Ribbon Committee has met to review additional analysis of anticipated pedestrian movement and the recommended ground and second level pedestrian system. While these systems may be adequate... Mayor Ferre: Do you have a copy of that, Glenn, so I can follow it while you are reading it? 141 SEP 101981 Mr. Glemi Yes. Mayor Ferre: To members of the Commission. Mr. Glenn: While these systems may be adequate to handle the volume of pedestrian movement in and around the project, the Committee remains concerned on the quality of the pedestrian environment including movement related to the ,Southeast Bank development. The Blue Ribbon Committee also met to further discuss the proposed development order on the Miami Center II project. The committee has three comments on the project at this stage of the design - development process: One, because this is a DRI proceeding rather than a zoning approval process, there is insufficient information to determine if major concerns relating to the project are adequately resolved. Mayor Ferre: Now, what does that mean, Glenn, I'm sorry? Mr. Buff: That means that we really don't have enough information to really critique the project at this stage of the game. Mayor Ferre: Now, wait a minute, please. Let's start over again on this thing. The Blue Ribbon Committee was selected for one and only one specific purpose and that was to deal with the relationship and space and the pedestrianization and the proposed second level mall between Southeast Bank and the Gould Project. Mr. Buff: That's what I'm addressing. Mayor Ferre: Alright, now, you as I see this are going beyond that which is fine. I personally have no objection and I think that even though that was not your charge, I think we live in a mature society and you are mature people and I rope that you have that kind of initiative and I commend you for it. Now, the question that I have is, that I think that, that first clause is nebulous in nature. It says, because this is a DRI proceeding rather than a zoning approval process there is insufficient information to determine if major concerns relating to the project are adequately resolved. And you know, that's a truism. What you are saying is, that since this is not a zoning application, you do not have certain specific information available to you wherein you can critique it sufficiently. You know, fine. Mr. Buff: That's all we are making in that statement, is the fact that when we asked for information we are told this is a DRI process, it's not a normal process... Mayor Ferre: And as an architect, you know the difference. Mr. Buff: And I know the differences and we are just making that statement. Mayor Ferre; Ok. Mr. Buff: Alright, item two, the major concerns that the Committee has identified at this point in time include: The scale, design and visual impact of the garage. The absence of a definitive pedestrian circulation plan that overcomes the constraints posed by the bifurcated road system and that provides an enriched pedestrian environment both at ground and second level. The lack of attention to details that would improvn the human scale of the project, including landscaping, street furniture and the abundance of ground level retail shops. Finally, timidity on the closing of interior streets to facilitate pedestrian movement on the streets such as Southeast 3rd Avenue, for example, when the Dupont Plaza Hotel redevelops and Biscayne Boulevard Way becomes three lanes movement through the four block area should not be permitted to destinations such as One Biscayne Tower and Amerifirst. Rather, traffic should be routed around Biscayne Bouelvard Way and flow reversed on let Street to allow access to those garages from the East.. We are making that statement because as we are told from the traffic study that most of the traffic going in that direction is to serve those two garages and it's a hinderance to this project to cause that kind of flow to happen when it can be easily handled in another way. Much.work must be done by the project architect before zoning variances should be requested from the City. The Blue Ribbon Committee requests a commitment from both the applicant and the City Commission to resolve the issues listed above. The Blue Ribbon Committee would be happy to revjew.subsequent development plans prior to City Commission zoning approvals and offer such advice as may be appropriate. You see the names there of,,, xl�� r r- n () t A A 1 four namgs, Willie Barrotq, myself, Bill Klein and Xavier Suarez. Ken Treister, a member of our Board has chosed to make a separate statement and his statement follows. Committee Member Ken Treister offers a separate statement accompanied by the suggestion that the AIA should be requested by the City to appoint an architectual design committee to approve on a continuing basis the design as it related to the criteria enumerated below. Mr. Treister, suggest that certain planning criteria for the Dupont Plaza area be established with full knowledge that the criteria can and will be modified on the working level between the committee and the applicants that... and that final design approval should be reserved to the City Commission's suggested planning criteria. To continue all Downtown has a cohesive retail shopping environment. Eighty percent of all building facades in this area shall be built on the property line with retail stores and restuarants with access directly to the sidewalk. No, business such as real estate, travel and banking shall count as retail space. All sidewalks shall be a minimum of ten feet wide and brick paved with mahogany or oak trees with twenty-five foot centers, plus low scale pedestrian lighting to supplement general lighting. All intersections where any pedestrian flow is encounter shall be served by pedestrian underground tunnels or overhead bridges at the developers expense. Buildings and tunnels shall be lit, tiled and landscaped eliminating the need for all traffic lights and conflicts. The facade of the parking garage on the I95 elevation should be designed to minimumize it's imposing impact on the area. An example, might be the slipping back each level similar to the face of a pyramid with continuous landscaping, landscape planter on each level blocking completely the view of cars and with the entire roof landscaped as an urban park so the entire surface appears green from I95. All buildings shall have similar architectual design using common architectual materials with the use of a unified vocabulary of shapes, forms, textures, colors, lighting and surfaces. A comprehensive pedestrian environmental plan shall be presented and approved by the City. That's the statement the four members of the Committee felt that, that was getting in a little bit too, much into detail at this stage of the game and that would come down the road, but not at this time. And that's why that's a separate item listed. So, that's our report to the Commission and as we say, we request a commitment from both the applicant and the City Commission to resolve those issues and our Committee would be glad to continue to work with both you, for you and with the developer in trying to achieve a project in that area that we can all be proud of. Rev. Gibson: Thank you, sir. Any questions? Mr. Plummer: Let's hear from Mr. Gould. Rev. Gibson: Alright, sir. I'm sorry, alright, sir. Mr. Gould: How are you. I have reviewed the Development Order. As you know we have reached agreement with Southeast and with the Dupont Plaza Hotel. I have spoken to Mr. Reid and suggested a number of changes as a result of minor errors and we have already reviewed the changes with both Southeast and also, the Dupont Plaza Hotel. On page 3, of the resolution at the bottom where it said "Upon the approval by the Hotel" we suggested that we use the same language that is previously written in the document above and suggest that it's unless waived or modified by agreement with the hotel. Page 2, of the Development Order that Mr. Reid referred to earlier is incorrect slightly, slightly incorrect. The language says that the applicant voluntarily stipulates that the scaled model and the schematic drawings accurately portray the project. The schematic drawings as well as figures 1, 2 and 3 revise the model. The model could not be revised because there was inadequate time to do it and so, I have suggested to Mr. Reid, that he simply modify this paragraph so that it's correct. Mr. Plummer: Mr. Reid, do you agree, sir? Mr. Reid: I think that the paragraph can be modified to delete the portion that's saying accepted ramps and roadways along Biscayne Boulevard Way have been modified and instead, except as reflected in figures 1,2, and 3. So I basically, agree, yes. Mr. Gould: Mr. Colson is correct on page 3, that Southeast and we have an agreement that reasonable egress from the Southeast parking garage will be provided through the promenade from four to six on weekdays. On page 6, the very bottom it says that "The applicant shall pay for and construct up and down escalators or stairways to the public right-of-way on each side of the I bridge. The bridge that is being referred to is the bridge that goes to the Dupont Plaza Hotel. There is no place to put either stairs or an escalator. Aid there are escalators. The concept here is for people to cross the bridge and being able to walk at an elevated level, second level to the DCM Station at which Mould be open during normal business hours and also during the operation of the DCM which leads me to page 7. Dupont Plaza and we have agreed to a modification which represents an addition. It says that the Dupont Plaza Hotel shall accameedate the pedestrian connection and pay for and construct any renovations to the building face wall and we have asked Mr. Reid to insert structure, foundation and interior. Obviously, we cannot insure that the Dupont Plaza Hotel... we can't control the Dupont Plaza Hotel structural integrity or that it has the structural ability to accept the bridge. And then a little further down it refers to the bridge being open twenty-four hours a day and that's inconsistent with other elements of the Development Order, so it should simply read "During normal business hours the retail stores and the operation of the DCM station". On page 8, a paragraph was introduced "That the applicant shall be responsible for maintaining those pedestrian connections which are his obligation to construct. If you look down at 12B in the City's portion, it says that "The City shall resolve the remaining pedestrian circulation system issues of construction, ownership, maintenance, insurance, security". So, on the one hand we are saying that we will pay for the maintenance. On the other hand we are saying that the City shall resolve those issues. Mayor Ferre: Well, how are we going to resolve that difference then? Mr. Gould: I don't know how they are going to be resolved. At the present time... Mayor Ferre: Mr. Reid, can you address that? Mr. Reid: It's a recommendation that the applicant pay for the maintenance and the applicant disagreed. Mr. Gould: No, that's not true. Mayor Ferre: Alright, go ahead, Mr. Gould, correct the record. You do agree then? Mr. Gould: No, I don't agree. Mayor Ferre: Oh, you don't agree. Mr. Gould: I don't agree that this issue should be resolved at this time. I do agree with 12B, that the City shall resolve the language of 12B. Alright, ok. There are obviously, three bridges that cross public Right-of- ways, one bridge will be the bridge to the Dupont Plaza Hotel. The second one will be the bridge over Biscayne Boulevard to our own buildings and the third bridge would be the bridge to the condominiums. It's not my intention to ask you to pay for the maintenance, but on the other hand 12B has not been resolved. There are other items apart from maintenance. There is insurance, ownership, construction and security as well as utilities. Mr. Plummer: Mr. Gould, it says "The City shall resolve" and Mr. Reid says ,e way the City is going to resolve is get you to pay for it. Mr. Gould: That's fine. Mr. Reid: I was going to suggest the deletion of maintenance from 12B. Mr. Gould: Those are the only comments that I have. Mayor Ferre: Alright, Mr. Reid, you want to react any? Yr. Gould: Except I want to discuss the Blue Ribbon Committee. Mayor Ferre: You want to do what? Mr. Gould: The comments of the Blue Ribbon Committee. Mayor Ferree Alright, go ahead. Well, then before we get into that, tor. Enid, an the record, now, do you have any comments or disagreements that YOU want to state to anything that Mr. Gould said? And then I want to ask 144 !LP 0 1981 Mr, Dan Paul and Mr. Bill Colson if they have any reaction that they want to put into the record. Mr. Reid: on page 7, Mr. Mayor, dealing with the twenty-four hour connection. I agree that at this time that language can be deleted from the Development order because we have stipulated it in other portion of the Development Order that the bridges will have to be open coincident with the hours of the Downtown connection to Metrorail, but if we are seeking federal funds as it indicates we are for the payment of these bridges, the federal government may require a twenty-four hour opening at some later point in time. Mayor Ferre: Well,... NOW, you understand that, Mr. Gould? The question is if we get twenty-four hour openings and if we get federal funding he is not going to agree to that and he can't afford it and then what do we do? Mr. Gould: It's not my... This Development Order requires that we pay for the bridges. It suggest that the City and the other participants, other parties would support our request for federal funds. It's not my intention to ask for federal funds. Mayor Ferre: Ok, well, then that solves the problem. Alright, anything else? Alright, now, Mr. Paul, do you have any comments on anything that Mr. Gould said in representation of your client. (COMMENT INAUDIBLE) Mayor Ferre: On the record, Mr. Paul. Mr. Paul; We have no further comment. We support the statements. Mr. Reid has indicated our position. Mayor Ferre: Alright, Mr. Colson? Mr. Colson: Mr. Mayor, we have no further comment, but we still request the provision that I asked. t Mayor Ferre: Alright, and where do we stand now on this... Mr. Gould: Let's just go one step further, alright, so that it's clear. Mayor Ferre: Go ahead. Mr. Gould: The Development Order as well as the agreement between Southeast and ourselves requires that Southeast architect, Mr. Basset and our architect Pietro Veluxki will jointly design the promenade. They are in the process of doing that. Mayor Ferre: Any problem on that? Mr. Gould: They are in the process of doing that. It will obviously, take months, alright. Ok, we will not submit that to the review of the City, alright, until we actually request variances, ok? Mayor Ferre: Understood. Alright, now, your comments with regards to the Blue Ribbo,, --ommittee. Mr. Gould: That was my comment. They were discussing issues that are related to a design effort that is being conducted by Mr. Veluxki and Mr. Basset and of course; the drawings that those two gentlemen have prepared are not available at the present time. Mayor Ferre: Alright, Mr. Glenn Buff. Glenn are you still here? i Mr. Reid: Mr. Buff had to leave Mr. Mayor. Mayor Ferre: Did Mr. Buff leave? Well, alright, I guess, Mr. Gould, I will have to pick on you then. Come on back so you can answer my question specifically. Now, as I read this document, Mr. Glenn Buff, basically, says j in Item 2, that he has four items that are of concern. One is the scale, the design and the visual impact of the garage. The second thing that he says is that he is concerned about, that they are concerned, the Blue Ribbon Committee, about the absence of a definitive pedestrian circulation plan that overcomes the constrainps posed by the bifurcated road system and blab- blah-blab. Now, the third thing he says is, the lack of attention of details 145 WSJ, that would improve the human scale of the project including landscape, street furniture, ground level retail shops and so on. And finally, he says the timidity on the closing of the interior streets to facilitate pedestrian movement along Southeast 3rd Avenue. Now, let me take these backwards. The Southeast 3rd Avenue question is one that, of course, you wanted, but Southeast did not want and we came to a compromise and that's why we are where we are, so, as far as I'm concerned that is a mood point, because it was something that we settled with Southeast and with Skip Sheppard. Now, the other three, I think are again, addressed by the separate comment made by Ken Treister. Treister, in turn makes six points. The first point he makes is that there has to be a cohesive retail shopping environment in Downtown and that eighty percent of all the building facades in this area shall be... he is recommending build on the property line with retail stores and restaurants with access and so on to sidewalks. And he gets even deeper. He says that none of these businesses should be a real estate, travel and banking shall count as retail space. The second comment he says is that all sidewalks shall be a minimum of ten feet wide and that they should be brick paved with mahogany or oak trees with twenty-five foot centers and so on and with lighting and supplemental general lighting. And then he goes on three and he says intersection where any pedestrian flow is encountered shall be served by pedestrian underground or overhead bridge, which at the developers expense, which is basically, I think what has been addressed here for the most part and is mentioned in Glen Buff's primary statement. Last,... I mean, excuse me, fourth, he says the parking building should be designed to minimumize its imposing impact on the area. That again, is addressed in Buff's statement, number one. And then we have five all buildings shall have similar architectual design and six, that there shall be an environment plan presented and approved by the City. Well, starting backwards, six, I don't think is any problem. We are going to... you are going to present a pedestrian... Mr. Gould: No. Wait a minute. The pedestrian environmental plan and the _ pedestrian circulation plan were not done by us, they were done by the transportation task force. That, in fact, is what is being presented here, alright. So, it appears to me that those two issues have already been resolved. You have been presented with a pedestrian circulation and environmental plan, alright. It's a public sector function, not a private sector function. Mayor Ferre: With regards to number 5, which is architectual design and the unity of design, I don't think that there is any question that, that's the case. Mr. Gould: That's right. All the buildings will use the dark brown travertine. Mayor Ferre: So, that's not a problem. Now, with regards to the parking building. Now, I happen to completely agree with the statement made by both Mr. Buff and by Mr. Ken Treister and Mr. Gould, the design that has been presented in my humble opinion is not acceptable. I certainly do not concur with that design and I... you do not have my vote on that. So, we are going to have to come in and put in some kind of clause in there that will safeguard and guarantee that, that issue is still to come up before the City of Commission. Now, I'm not telling you here how to architectually solve it. I don't know whether Treister's recommendation of doing it like a pyramid makes any sense of setbacks with gardens or whether you do it in the center... but that--- and I say this with all due respects, I don't mean to... you heard me make the statement before that I thought that, that arch in the middle looked like a classical fascist architecture at the height. Yes, yes, because this looks like the railroad station in Rome, you know. It's a classical fascist architecture with that big round thing and the columns and all that. I mean, it's cold and imposing and it just... you know, I'm not... that's not acceptable to this one vote on this Commission. So, I personally think that, that has to be addressed. With regards to pedestrian flow. There is no way we can do this with tunnels. I think it has to be done overhead, but I think that's been addressed. At least, 1 feel that with the new provision that Skip Sheppard has extracted here crossing to the Dupont Plaza, that, that pedestrianization really has been addressed and I think it's there. Now, when you get to the question of the width of sidewalk. Is there any sidewalk that is not going to be ten feet wide? Mr. Gould; No, as a matter of fact, they are sixteen to twenty-four feet wide. _ Mayor Ferre: Well, would you stipulate in here that there is no sidewalk less than ten feet? 446 Mayor Ferre: Ok. So, then I think... now, whether it's brick paged... Mr. Gould: It will not be brick paved. In fact, IMr. Veluxki and Mr. Basset, it's my understanding are proposing to pave it with granite. Mayor Ferre: Ok, and I think that, that certainly is acceptable and I don't think we should impose here as to whether it's brick or granite as long as it's addressed somehow. Now, with regards to the last point and that is the question of retail shopping environment. Again, I have to say that I think there is a valid point. We don't want cold granite based sidewalks with glass on the side and no human activity at all. So, my question to you is, along those areas where there is pedestrian... where human beings are walking, let's put it in English, are there retail stores? Mr. Gould: Yes. My response to you is... Mayor Ferre: Would you point out where that is please, sir? (COMMENT INAUDIBLE) Mayor Ferre: Alright, just point it out on the map. Alright, Mr. Reid, on the... into the microphone, please, sir. In your considered opinion have we satisfied the prerequisite in number one, that there is sufficient retail activity at the pedestrian levels? Mr. Reid: I think at this stage, Mr. Mayor, yes. I think I would like to make two comments on what Mr. Gould has said in reference to points you have raised. Number one, in terms of the garage and its design, they do have to come back to this Commission for a conditional use permit on the parking and the issue of the garage design and the way it visually relates to the City can be addressed there. Mayor Ferre: What happens if this Commission turns down Mr. Gould at that point because the design is not acceptable. In other words, my question is this. Do we have a sufficient handle on this where we can make sure that Mr. Gould comes back with an acceptable design? Mr. Reid: There is language in the develop... the answer is yes, Mr. Mayor. You have language in the Development Order stipulating that the Development Order shall be contingent upon further zoning and necessary approval by the City of Miami Commission and that all these matters shall be brought to the Commission rather than stop at the Zoning Board. Mayor Ferre: Ok. Mr. Reid: But I would like to make one other cogent. We do feel at this stage there has been enough attention paid to the pedestrian environment, but we stipulate in the Development Order that there should be a detailed pedestrian environment plan including the pedestrian promenade at grade and second level pedestrian connections and by that we mean, we want to see how this looks at street level from the person walking around in terms of the quality environment and you cannot get that kind of a look at this level of detail and we think that it shouia be required, that kind of a review of that kind of a plan. Mayor Ferre: Is that in this Order? Mr. Reid: It is in the Development Order. Mayor Ferre: Thank you, sir. Alright, I, for one have satisfied myself and I'm ready to vote for this after the other members of the Commission ask whatever questions they have pending. Mr. Plummer: Mr. Reid, besides the conditional use for the parking garage, don't we have other additional variances that are going to have to be... Mr. Reid: Yes, sir, Commissioner Plummer. There will be a height variance that is required. There will be a variance that will come before the Commission with respects to the number of trucks bays that are suggested and there will be a conditional use on housing. And also, I assume that the street... use 147 SEP o 198 1 f of air rights over the street and the street closure will come to the City Commission. So, that there are at least six different items that will require action by the City Commission subsequently. Mr. Plummer: Alright, Mr. Gould, on the record, sir, I know the answer, but I just want it on the record. Mr. Gould, if you are approved this evening with this Commission to pass on to the regional impact, South Florida Regional... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Right, the Development Order. You understand, sir, that this Con*ssion does reserve it's rights to judge your project on it's Zoning tperlts irrespective of what action it might take tonight? Mr. Gould: What do you mean? Mr. Plummer: What I mean, is sir, you might approved tonight and turned down when you ask for your variances. Mr. Gould: That's correct. Mr. Plummer: Ok, I just want that understood, that you understand. Mayor Ferre: Alright, anybody else? _ Mr. Plummer: Mr. Mayor, the only thing I would ask of the developer is when he comes back that he does come back to this Commission and submit to us some kind of a landscaping plan as to what you intend to do in this general area. I think maybe that will be taken care of when the more detailed plans that Mr. Reid spoke about... I do feel that you know, we are going to have to find a way...you are going to have to find a way because it's your building and you want to be successful. There has got to be some green area. There has got to be some landscaping. I don't have any problem with this people furniture. Mr. Gould: Let me remind you that the landscaping of the promenade, which is the principle element. Now, it is the joint responsibility of Southeast architect and ours. When they have completed the design and we come in to _ request our conditional use variances and height variances, then we will submit detailed drawings showing you the materials that will be used in the plaza and the promenade. Now, as well as working drawings with respect to the garage. I would like to caution you about one thing. The parking garage is without question, the most difficult element in this entire project, alright. In size *t is larger than the office building. Alright, ok. Alright. And it exists, alright, ok, solely for the purpose of solving the traffic and parking problem in the Downtown area. If it were possible to put that damn garage underground and not use it at all, we would do it. But the physical characteristic of Miami simply do not allow it, alright. Ok, now, this is a very difficult problem and we are trying to resolve it, alright. I'm not satisfigd �#th design yet. Mr. Veluski is not, but we will have to go ahead ana that s all'e there is to it. Mayor Ferre: Ok, is there anybody else who wants to speak on this. If not, what is the will of this Commission? Mr. Lacasa: Mr. Mayor, I am ready to move that we issue the Development Order as amended in order to include the recommendations of the Blue Ribbon Committee. Mayor Ferre: With that stipulation, you mean? Mr. Lacasa: With that stipulation. Mayor Ferre: Ok. Mr. Plummer: Well, that's got to be delineated now. Are you speaking about the... Mayor Ferre: Well, I think that's what we have been doing for the last hour. Mr. Plummer: The entire Blue Ribbon Committee or just the four members, because there is a separate opinion which could be considered as part of? Mayor Ferre: Mr. Lacasa, I very carefully went over each one of those issues and into the record put some comments and Mr. Gould reacted to it. Now, is 148 "jai Mayor Ferre: Oki, is there a second? Mr. Plummer: Second the motion. Mayor Ferre: Further discussion? 's s Mr. Plummer: Mr. Mayor, I want to reiterate to all parties concerned that in no way am I relinquishing my right as a Commissioner to judge on the variances and conditional uses when they come before this Commission by this approval of this DRI for tonight. I fully expect &-very good landscaping plan. I like Mr. Gould, hope that he can come up with a better design for the garage. I don't know laci-st engineering, but it's not nice and I guess that's facist. I would like to see as many whatever possible, some greenery and human aspects �be put into this thing, because I'm going to use that leverage at the time of the request before this Commission as to whether or not I feel that it has been sufficient. so, I'm not relinquishing anything this evening. It is a matter of timing to allow him to proceed for his DRI, but I want as I made it clear, we are not relinquishing any control at this time. Mayor Ferre: Further discussion? Mr.... Mr. Gould: Before you vote, you said the Order as amended, that would include the stipulation that I requested... Mayor Ferre: Yes, sir. Mr. Plummer: Yes. Mr. Gould: ...and about Southeast? Thank you. Mayor Ferre: Let the record so reflect. Further discussion, call the roll, please. 4N ROLL CALL: Mayor Ferre: In voting "yes", I want to put on the record that I think... this is a very, very difficult step for the City of Miami and the City of Miami Commission, but most of you ladies and gentlemen are here on the City of Miami Budget and taxes and I just want to put this in perspective in that sense. In the first five years of 1980, from 1980 to 1985, the City of Miami and Downtown will either have built or will have under construction more than everything that has been built since the City of Miami was incorporated in 1896. Now, what does that mean to you the homeowner and the taxpayer. When I became Mayor of this City in 1973 our advalorem taxes were twenty million dollars because of the growth mostly, mostly because of the growth of this City.' Last year we got sixty million dollars. It is my opinion that when these buildings are finished, when these buildings are finished the tax income of the City of Miami will be a hundred million dollars. Now, what does that mean to you? One of the reasons we have had problems in Miami in having enough money and thank God the Federal Government gave us the money to survive, was that our tax base was much, touch too, thin and it was much too dependent on the little home owner and what we are doing now is, like Atlanta and like other major American cities, the growth of the commercial part of town is such that, God willing in the not too distant future, -at least fifty percent of the tax burden of this community is going to be paid for by the commercial part of property. Right now it's forty percent. We are not far from that. But God Willing by mid 1980's in the next two or three years you will see that half of the tax monies that come into the coffers of the City of Miami, will come from commercial properties such as this and not from the little homeowner. Now, i what that will do, hopefully, is give us the ability to service things such as the Police Department and the other functions of the City of Miami without unduly burdening the homeowner and I am hoping that we will... that, that day r will be upon us in the not too distant future. The only way that we could have done that.and there is a price in everything, the only way is to have pro)octo such 4s this, Now, one of the weaknesses of Miami, is that we have not had a center, that we have not,had a heart, that we have not had a place like other major cities was the center of Miami. As this happens Miami will come into it's own and hopefully it will be fiscally sound. I think we are on our May and I'ai very happy to see that we are moving in that direction and I voter Y t� �f 4Y the following motion ass introduced by Commissioner Laeaea, Obb 06Ved its adoption: MOTION NO. 81-774 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST BY MIAMI CENTER II (DUPONT PLAZA PROJECT) FOR A' a DEVELOPMENT OF REGIONAL IMPACT (D.R.I.) AS PROPOSED by MIAMI CENTER JOIN VENTURE, AUTHORIZING ISSUANCE OF A ` DEVELOPMENT ORDER FOR SAID PROJECT WITH MODIFICATIONS MADE ON THIS SAME DATE.' Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: Mr. Carollo. ABSENT: None. 47. FIRST PUBLIC HEARING: FY 81-82 BUDGET ADOPT MILLAGE RATE SUBJECT TO LATER CONSIDERATION ADOPT TENTATIVE BUDGET (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferret Alright, ladies and gentlemen, if you will all take your seats and if.we can get a quorum back here. If we can get a quorum in the room we will be ready to get going in a moment. The moment two members of the Commission walk in, we will begin. We need one more member. Alright, we have a quorum now, ladies and gentlemen and members of the Commission, this is the first public hearing to discuss the fiscal year 1982 tentative budget. The discussion of proposed millage rate and tentative budget. What is this response that you have on this agenda? What does that mean? A proposed fifteen and a four tenth percent increase, is that what you are saying? And a specific purpose for which advalorem tax revenues are being increased. The purpose; (A). To add a hundred eighty-six new police officers, which is five million six hundred eighteen thousand five hundred fifty-three dollars. And (B). To maintain fire services at current levels, at two million nine hundred six thousand four hundred forty-seven dollars for a total of eight million five hundred twenty-five thousand dollars. The City Commission will listen to the response of citizens comments regarding the proposed millage increase and explain the reasons for the increase over the roll back rate. The actions viewed by the City of Miami Commission tonight will be; (1). To amend the tentative budget, (2). To recompute the proposed millage rate. (3). Publicly announce the percent by which the recomputed proposed millage rate exceeds the roll back gate. (4). Adopt a tentative millage rate. And (5). Adopt the amended tentative budget. Please begin. Mr. Manager, we'll do it in a real formal way, the Chair recognizes the City Manager of the City of Miami. Gary: lair. Mayor and members of the City Commission, at this time I woul4:.. like for Mr. Nano Surana, Director of Management and Budget to give you an overview. Mr. Surana: Mayor a, members of the City Commission, for iviscal 1982 we are projecting a budget of $139,000,000 which is about $17,000,000 more than the modified budget of FY 81 which is a 14% increase. The major grams in revenues, increase in property tax $11,000,000, Utility Service Tax 2.6 million, Carry -Over Fund Balance 2.3 million dollars which will be 2.8 mil- lion dollars, Franchise taxes 985,000, state revenue sharing will increase by $600,000. Building permits will increase by $500,000. Waste Disposal Fee increase of $477,000 which is increase in collections. Revenue from Miamarina $250,000. Electric inspection, business licenses, plumbing permits will icnrease $232,000, $184,000, $154,000. Metro Dade County Court $100,000. Public nearing fees $85,000.00 Total gains are $19,000000. On the losses side will be reduced by $600,000.00 they pay back from Self -Insurance from CETA will not be anticipated, interest from Interama is not anticipated, the Homestead Exemption has decreased due to change in the Trim Bill, a total loss of $2,000,000 and the net gain in revenues is 16.9 million dollars. Mr. Plummer: Excuse me, why aren't we getting the interest from the Interama money? Mr. Surana: We are not, in FY-81 we had $500,000. In FY-82 we are not projecting any revenues. Mr. Plummer: Why? Is that all paid out now? Mr. Surana: No, it was a one-shot revenue anticipated in FY-81. This pro- posed budget includes 186 police officers,.a cost of 5.6 million dollars. And also includes about 4.3 million dollars in budget cuts. The major reasons for increasing appropriations, salaries and wages will increase by 7.6 million dollars. Other pay 3.4 million dollars, operating expenses 5.8 million dollars, a total of $17,000,000. This chart shows the appro- 1„ priation increases by departq:ent. Our budget will increase approximately $17,000,000, 93% of that increase is attributable to increased cost in Police Department, Fire, Street Light and Sanitation Departments. Other departments increased only 7%. This chart shows a comparison of property tax between FY-81 and FY-82. For FY-82 we are proposing a millage of 9.2 for general operating purpose and 1.7 mill for General Obligation Bonds, a total..... Mayor Ferre: Do you have this printed out? Do you have a print-out of this? t 1, Mr. Surana: No, n9t this one, sir. It's going up 10.9 mill which is a decrease of 1.070 mills and the total increase to the City will be 1.4 ;,million dollars. Mayor Ferre: Wait a minute, you are saying that with the General Fund, the G. 0. Bonds, you are recommending in this budget that the current millage is 11.987 and you are recommending that we go down to a 10.4917 which is a decrease of 1 mill? Mr. Surana: Right. Now FY-81, the total revenues from general operating and G.O. Bonds was 70.4 million dollars. For FY-82 we're proposing a com- bined total of 71.8 million which is 1.4 million dollars more than the cur- rent year which is about a 2% increase. Mayor Ferre: I see, a 2% increase total? Mr. Surana: Yes, sir. Mayor Ferre: In other words the overall impact on a homeowner is a 2% mill - age increase but since assessments went up, let's take an average $50,000 assessed home... Mr. Surana: I have the next chart. Mayor Ferre: That's the next chart? Okay, that's what I wanted to know. Mr. Surana: overall, all the taxpayers will pay us 1.4 million dollars more than FY-81. Mayor Ferre: The bottom line, ladies and gentlemen, of what the adminis- tracion is proposing is that the taxpayers of the City of Miami go up 1.4 million dollars in taxes, is that correct? Mr. Surana: Yes, sir, which is 2% fro�_� current year. Mayor Ferre: This is a 2% increase. All right, continue. Mr. Surana: This chart shows the cost to the average homeowner. By going to 10.9 mills a house averaged at $53,000 and getting a $20,000 Homestead 8xeep4, tion which is a net taxable value of $33,000 would pay $1.00 less than PY-81 in property taxes. Mayor Ferret Now wait a minute, what do you mean $1.00 less? Mr. Surana: Comparatively. Mayor Ferret You're saying the average home last year was $45,430. The } average home this year is assessed at $53,317. Mr. Surana: Right, which is $7,000, $8,000 increase...... Mayor Ferret Now last year there was 15, now there is a 20,000 Homestead Exemption. All right, the difference is that the net taxable value of an average home as gone up $2,887. Mr. Surana: Yes, sir. Mayor Ferret Okay. Now, what you're saying is that the average Homestead in Miami, therefore, will go Sown from a 365 tax to 364, is that correct? Mr. Surana: Yes, sir. Which is the case I ..... Mayor Ferret Well wait a minute, how can it be a tax of $364.00? I see, you're saying that the average home after Homestead Exemption will be pay- ing $364.00. Mr. Surana: Right. A house which is assessed at $53,000 and gets $20,000 Homestead Exemption will pay $364.00 in property tax. The same house paid $365. Mayor Ferre: All right, I'd tell you what I'd like after you finish, is that your last chart? Mr. Surana: Yes. Mayor Ferret Would you reverse the chart so that we see it in reverse here, so that when people are addressing themselves they can address themselves. Mono, would you put it on the easel and face towards the public and also the other..... All right, are you ready to continue now? Conclude your statements. Mr. Gary: Mr. Mayor, at this time I think we would .rather have comments from the public and we'd like to have an opportunity to respond at the end. Mayor Ferret You're a smart man, Mr. Manager. All right, now ladies and gentlemen, I've got 13 people that wish to address the Commission. Mr. Carollo: Mr. Gary, if we raised the taxes as much as you want them to do you think that we'd get an increase in our pav here? Because I'll tell you I'm going to have to get a legal opinion from the City Attorney and move out of the City so that I can afford to be a Commissioner here. —'= Mayor Ferret All right, we now have 13 speakers. 14, all right, thank you for the correction. Now, do any of you need more than 3 minutes? That would take about an hour. Does anybody of the 13 who signed up need more than 3 minutes? Speak up now, please. All right. Now, we're going to hold to this so if you need more than 3 minutes please let me know. Pat, we'll start with you. Pat Keller. Ms. Pat Keller: I'm Pat Keller, I'm President of the Allapattah Community Association, I live at 1437 N.W. 13th Terrace. I think I realize what most of us realize that my assessment went up 35% and somehow in the and I'm going to be paying a hell of a lot more. I think that the best thing we can do here is assess the job that has been done in the past so we know and can project it in the future. I've found that none of you will take my Phone calls, you won't speak to me when I call on the phone, you're usually busy answering the phone when we make presentations, all I can see is our _ Zoning Laws are ignored. Every time I call and everybody else I know calls the Zoning Department there is simply nothing done. 152 Mr. Carollo: Pat, excuse me, have you called me lately that t haven't returned your call? Ms. Keller: I've called you about two or three times and that's never been returned.... . Mr. Carollo: Are you sure it was me or it wasn't the Mayor or Commissioner Lacasa you called? Ms. Keller: Every one of you, there's something about me, quite frankly you people just aren't interested in talking to me. I see that they're re- pairing cars in my residential area and I've called and called the Zoning Department and nothing is done so quite frankly I can't see what in the world is being done in the Zoning Department with my money. The gas stations, they put cars on public property with "For Sale" signs on them and evidently now they consider that the public property is their's to sell their cars on. I called the various officials, it does no good. Trees are being cut down in opposition to the law, I've called the particular department involved with that, it does no good so I don't know what, you'll have to forgive me, it loses me, why I should give more money to these people. I especially am con- cerned about the fact that there is a Mariel invasion of illegal refugees, many of the City of Miami workers were down at Key West administering to them instead of working in the City of Miami. I heard none of you objecting to the illegal invasion - not one word from any of you except Maurice Ferre saying to let them all in and I'll tell you quite frankly if I find one more in my living room and I'm going to let them all out feet first. Illegal aliens are flocked all over the streets selling fruit and fish without a license and we're talking about moneys from the License Department. Hal I'm buying two licenses, I'm in business and they're flocked all over the streets operating with all the required licenses. They're jammed into homes like the slums of Hong Kong, many are living under the expressway and I'm just getting sick to death of them exposing themselves under the Rickenbacker Causeway exposing themselves to women. We women have gotten so used to it now we almost consider *it a fact of life that we're going to look at these illegal aliens exposing themselves. They're standing around stores drinking beer like huge outdoor beer joints and the amazing thing is you declared Miami a bi-lingual city even though this is a tremendous added expense to the bureaucracy, despite the fact that Dade County voted against it. We don't need a Latin Affairs Department, all people are represented at the City of Miami, we don't need another extra department. And then we witnessed the brilliant business of giving Mr. Nunez money today, Mr. Nunez was responsible for the possibility of 2,500 people being run out of their homes here in the City of Miami and Mr. Nunez was given money here tonight. Mr. Nunez stood up before this board and he lied. Mayor Ferre: All right, thank you very much, Ms. Keller. The next speaker is Dr. Joan Humphreys. Dr. Joan Humphreys: My name is Dr. Joan Humphreys and I live at 1311 Alhambra Circle but I own property in the City of Miami so I feel that I am entitled to come down here and talk to you today. Mayor Ferre: Yes, you are. Dr. Humphreys: I feel that a property tax which goes up year after year places an unfair burden on citizens whose income is limited. For exanple, women cannot generate money, we can't go out and get jobs commensurate with our abilities. Old people can't go out and get jobs commensurate with their abilities. Many of us do manage to end up some how owning a small home, I don't know how much longer we're going to be able to do this. What I would like to know, I would like one of you Commissioners to tell me how many people are going to lose their homes if you increase the budget this year, how many old women particularly? You know, in our culture old women are the poorest of the poor. How many people are going to lose their homes? Mayor Ferre: Look at the figures, Dr. Humphreys, tell me what you object to. Dr. HwVhreys: I object tq having an increase in taxation. 153 SEA y o 1981 Mayor talking about a reduction of $1.00 pet averege house. 'those are the figures. All right, well then Tease dispute it. ''ell ate where those figures are wrong. UNINTELLIGIBLE REMARKS FROM THE AUDIENCE. Mayor Ferre: You'll have your chance. Go ahead, Dr. Humphreys, Ilm sorry. Dr. Humphreys: I would just like to know if any of you Commissioners can tell me how many people will lose their homes if the taxes increase? Now, are you telling me that the taxes aren't going to increase this year? Mayor Ferre: Mr. Manager, would you answer her on the record? Mr. Gary: In response to that question, the average home, the taxes will go down. Obviously there will be some people receiving increases and there will be some people receiving greater reductions than $1.00, this is the average home. Mr. Lacasa: Mr. Manager, who will be the ones receiving increases, the lower valued houses? Mr. Manager: Yes, sir. Mayor Ferre: The lower value houses? Mr. Gary: Yes, sir. Mr. Lacasa: Okay, just so we save some time this vote will not go for that and as far as I am concerned I want you both to know that I am against any increasing taxes whatsoever especially for the low value houses. Mr. Carollo: Stick it all to the condominiums, Gary. Mr. Lacasa: Strictly there. Mr. Gary: I think you misunderstood my answer. The lower the value of homes, the more the reduction you're going to get. Mayor Ferre: Yes, but you see, I think the way you answered it there was confusion. Now, on the record again, Mr. Gary, because I got confused too. The lower the value of the home in your opinion, the lower the tax increase, is that what you're saying? Mr. Gary: Exactly. Mayor Ferre: Actually there is a tax reduction. Mr. Gary: Yes, sir. Mayor Ferre: And the higher the value of the home then it goes up. Mr. Gary: Yes, sir. Mayor Ferre: But the average house in Miami is going to, just for practical purpose say it stands still, is that correct for the Miami tax? Mr. Gary: Yes, sir. Mayor Ferre: All right, continue, Dr. Humphreys. Dr. Humphreys: That's fine, but you still haven't answered my question. I assume from this that there will be some homes where taxation will in- crease, is that correct? Mayor Ferre: That's correct. Dr. Humphreys: And in the type of economy we have, some people buy their own home and they expect to just live in it for the rest of their lives. Instead, all the people start selling homes and the property escalates in value but it doesn't do the person any good so that an old couple could be living in a home which is worth quite a great deal and they can still and UP losing their home. Will somebody please tell me how many people will lose their homes this year? Mr. Plummer: Well, ma'am, you're asking truthfully an unreasonable ques- tion. You know, if I said one you could argue with it and if I said a thous- and you could argue with it and nobody can dispute it. I don't have any idea, do you have any idea? Dr. Humphreys: I haven't the foggiest idea. Mr. Plummer: Neither do I, so why are you asking nee to clear up a foggy problem? Dr. Humphreys: I thought that it might be a good idea next year, perhaps if you would -send out questionaires elliciting this information for me. Mr. Plummer: Well, ma'am, I can only give you one thing that might give you an answer and that is in the City of Miami the vacancy rate is less than � of 1%. Okay? That's the vacancy rate in the City of Miami. Dr. Humphreys: How many people lost their homes last year? Mr. Plummer: Well, ma'am, obviously if some people lost them some others bought them. Now when you talk about a vacancy rate what else can you judge them on? I don't know what else..... Mayor Ferret Conclude your statement, please. Dr. Humphreys: That's all I have to say. I wish you would generate some statistics so we can study this. Thank you. Mayor Ferre: The next speaker is Hugh Padrick. Mr. Hugh Padrick: My name is night on behalf of the members of Impact - it's Involved Miamians' Political Action Committee. We are a growing organ- ization of people who have banned together with some common goals, one of them is to keep the taxes down. The reason we got together in the first place was that we were fed up with the administraion of the moneys in the City of Miami. In addition to being Miamians, we are also irate Miamians, indignant Miamians, incensed Miamians and some of us may be insolvent Miamians. You may not realize how many taxpayers and voters are out there questioning your actions tonight. We assure you they are out there and we are looking for a little belt tightening in 1982. Coral Gables held the line on taxes and Metro held the line on taxes, the School Board has done so, we have a tax revolt in Key West, Broward County is having problems, why can't we hold the line? We're asking you to cut out the frivolous unnecessary parts of the budget, to be specific, some of the trade fairs that generate $100,000, $200,000 for this one and that one, if we cut those out, I know they don't replace a policeman but they add toward a policeman's salary. We can through the budget page after page and find frivolous unnecessary expenditures by the City. We're asking you to do the same, to cut down on the budget. Thank you. Mayor Ferre: The next speaker is Mrs. Helen Barakes of 3781 S. W. 26th Terrace. Yes, ma'am, I think it is better if you use this one, Mrs. Barakes. Mrs. Helen Barakes: Mr. Mayor and Commissioners, I'm here as a private citizen. I have owned a home in Miami for one year. In June of 1980 I bought my home on the basis that the taxes were $752. It's an old home, it has not been refurbished in any way, it's older than I am. Mayor Ferret City taxes or are you talking about all your taxes? Mrs. Barakes: Total taxes, the City taxes last year were $335. In one year's time - one year's time - this year, those taxes have gone up overall 75.5%. The City taxes, if the proposed budget goes through will be up by 66%. People here are talking about 3%, 2s increases. The bottom line to all these people out here is this and this is our problem: If I buy a home one year ago and I can't afford it this year what happens to people that have had homes for 20 years? We have a big problem. You're telling us tell you where we can cut down the taxes, you're job is to tell us what you can do for us so that we can stay in our homes. Mayor Ferret I'd like to address your specific tax bill. May I do that? Would you hand it over, or would you walk over here and look at the tax 155 bill'? ..... Well, you'll have a chance. Now, have you looked at it7 Would you tell us what the City of Miami's tax was and what the City of Miami's tax will be under this proposed budget? City of Miami, we're not responsible for the school or the County. Mrs. Barakes: Okay, this is the proposed, that's 66%, this is what it will be if it's not raised, that's 40 some odd percent, 48%. This is last year, the year before it was $752, I don't have that bill with me. This, by the way, is a home that was built in 1946, it has nothing new on it, it is an older home, it is an average home, it is a little duplex, we live,ip tAe bottom half so we are homeowners. Mr. iurana: I've got to figure it out. Mayor Ferre: You're going to figure it out? Okay, go figure it out and then.... Mrs. Barakes: The figures are on the side, I have calculated them four or five times, I do have a calculator And it is 66% if the proposed budget goes through and it is 48% if it does not. The overall tax will go up 54% if the budget does not and if it does 75.5%. Now, in one year's time it is unreasonable, we want you to do something about it. Mayor Ferre: I'll recognize you in a little while after he has done his figuring. Mr. Plummer: Well, but I want to ask a question. Mayor Ferre: Sure. Mr. Plummer: I hope that all of the people here are aware of the problem of which we have no control, we, the City Commission. That problem is a State mandate and that State mandate that every house in the State of Florida shall be assessed at 100% of value. Now...... Is mine? I don't own a home, sir. Now, ma'am, my immediate question has to be to you what was your increase in assessment? Mrs. Barakes: 16.5% increase in assessment. Mr. Plummer: ,Dollars, ma'am. Mrs. Barakes: Dollars about $8,500. Mr. Plummer: All right, now what does that give you a total assessment for your house at? Mrs. Barakes: Sixty thousand some odd, he has my bill. Mr. Plummer: What did you pay for your house a year ago when you bought it? Mrs. Barakes: A little under $83,000. Mr. Plummer: So your house then, in effect, even with the new assessment is not 100% of which the State mandates it shall be? Mr. Barakes: Sir, it is not 100%, I doubt that anyone's here is 100% as per the law. Mr. Plummer: You see, now my next immediate question and really what I'm coming to, have you applied to the Assessment Board to object? Mrs. Barkaes: I have not at this time. Mr. Plummer: Why not? Mrs. Barakes: Because I was told by other property owners and the implica- tion was made when I called that if I did apply the chances were as great the assessment would be raised as that it would be lowered. Therefore, rather than take the chance I let it ride this year. I do not intend to let it ride again next year even if I have to hire a lawyer which I cannot afford, and I was also told by other property owners who have gone through the process that if you do not hire a lawyer your chances are next to nothing. Mr. Plummer: I'm just asking the question have you availed yourself to all the possibilities that there are within the system and at this stage of the 156 SEP I o 1981 game you are at the last end of us setting the millage, there are Ether millages. Did you go to the School Board and complain to them? Mrs. Barakes: I went to the School Board, I gent to Dade County. Unfortun- ately, the way the hearings were set up, this is the only one I got a chance to speak at. Mr. Plummer: Well, I'm glad that that is the case. Mrs. Barakes: I'm glad that I did get a case to speak here also. Mayor Ferre: Well, but in all justice, really, the truth is that in the County there were several thousand people to speak, here we have about 40 or 50 that raised their hands so you know. Mr. Plummer: Yes, and also the truth, Mr. Mayor, in the County last year there were 88,000 people who voiced objections to their assessments. Mayor Ferre: Okay. Have you done your calculations yet or is the computer still working? Mr. Plummer: We ought to get him to send out the bills. Mayor Ferre: Mrs. Barakes, if you'll stick around close by I'll reoognize you again in a moment when they finish with their computation. In the mean- time, Connor Adams, do you want to be recognized now? All right, the next speaker is Anne Shera. Mrs. Anne Shera: My name is Anne Shera and I own property at 35 N.E. 80th Terrace. I am a member of the Northeast Miami Improvement Association also and we have over 15,000 members. I own property at 35 N.E. 80th Terrace and my taxes keep going up and I am opposed to this because the area continually goes down. Now across on one corner we have a house of prostitution and this is evidently legal because it has been going on for over 7 years, I've been calling your office, Mayor Ferre, I've called the Police Chief's Office, Janet Reno, and nothing is done about it. Mayor Ferre: And Janet Reno and the Police Office and the City of Miami has done nothing about it? Mrs. Shera: Nothing, nothing. They told me they know it is there. Mayor Ferre: They told you that? Mrs. Shera: Yes, they acknowledged it and every once in a while the police come around and I don't blame the police, they do what they're told to do. Mayor Ferre: Let me understand this right. The police told you that they know there is a house of prostitution across the street from your house, they know that? Mrs. Shera: Yes, sir, it's across the street from my apartment building. Mayor Ferre: Do you remember who the police officer was that you talked to who said that there was a house of prostitution? Mrs. Shera: I have talked to so many of them, I have talked to------- MayorFerre: Well, I would recommend, Mrs. Shera, tomorrow first thing in the morning that you go down to the States Attorneys Office and accuse members of the Police Department, the Mayor of the City of Miami and the Police Chief. Okay? Because if you have called and nobody has paid any attention to your calls then I think that that is something that ought to be investigated by the States Attorneys Office and I will go with you and volunteer myself. Mrs. Shera: well, I've called your office plenty of times and I do say that I have gotten a called returned from one of your assistants and they say they're looking into this matter and for a while there are a few police cars that drive by and then everything quiets down again. Mayor Ferre: Well, I want to tell you that I think we've got not one of the, but the best Police Department in the State of Florida. Mrs. Shera: I do not dispute that but what I'm saying is I can't under- stand why my property value keeps gyp up. Also, the refugees have moved into this neighborhood and I understand why it is called *:Little ftiiti", it is because it is looking like "Little Haiti" now. It is like a sever. I have qot nothing against the refugees, I think they are kind and gentle people but the area continually goes down and I am against this. I can not understand, I couldn't give my property away. I can't sell it and I' can't give it away. Mayor Ferre: Try. Mrs. Shera: I think anyone would be crazy to even buy it to tell you the truth. Mayo Ferre: Well, I'll tell you, you put it on the market and you tell me wlth lass than 1% vacancy ratio don't come telling me that the people of this community aren't willing to buy your apartment or any other house that is put up for sale. Mrs. Shera: Not in that area. Sir, the Haitians have discovered Pampers. They have these Pampers on their children and they take them off and throw them all oN-r my property. They throw garbage, raw garbage out on the public accessways. And I can't understand why our property continues to go up, this is ridiculous. Mayor Ferre: mrs. Shera, do you have your tax bill with you? Mrs. Shera: Yes, I do. Mayor Ferre: All right, here is another one that I want you to calculate. Mr. Plummer: If you keep this up we'll be here until 2 O'Clock in the morn- ing just calculating. Mayor Ferre: Well, I think it is important. Mrs. Shera: I don't mind paying taxes for something that I receive but when an area continues to go down, I can't understand it. And another thing, I can't understand why this house of prostitution is allowed to go on. These girls are out there all day and all night and I have lost so many tenants in that building because the people can't stand to sleep there, they're out there all night hollering, "Hey, honey, how about a date." Mayor Ferre: Police Chief Cosgrove, Mike, you have heard the allegations and the statements of this lady. All right? I would like for ymu person- ally to call Mrs. Shera and look at the situation and report back to this Commission and to Mrs. Shera, let her know when you're going to report back and I want a full investigation as to whether or not what she says is so. Now, I frankly, with all due respects to her, cannot believe she has called the Police Department and that she has been totally ignored, I just do not believe that, I'm sorry. Mrs. Shera: Sir, I didn't say I was completely ignored, I said it smooths over for a while. They send the police around and then it quiets down. I realize we have a high crime rate in this City and I realize there are other objects that are very important but I have had Sergeant De Cerce. I think was his name, they used one of the apartments to watch this house. They had it raided, the house, they saw what they saw from my apartment building and they patrolled the area for a while and then all calms down again and this has been going on for 7 years and I can't understand it. Mayor Ferre: I have no other answers for you other than I will ask the Chief to look into it again and report back to you and to toe. Mrs. Shera: I would appreciate it. Mayor Ferre: Yes, ma'am. The next speaker is Sylvia Goldstein of 3560 Crystal View Court in Miami. Ms. Sylvia Goldstein: My name is Sylvia Goldstein, I live at 3560 Crystal View Court. I am interested in knowing where the increase is going to. As a bookkeeper I paid $345 a year taxes when I bought my home 24 years ago, I'm paying $2,200 plus if this increase goes in, which I've had over $1,000 increase last year and $101 increase this year. That comes from the City of Miami increase, I have my notice. Mayor Ferret 0 Now, repeat those figures again to me so Z understand. Ms. Goldstein: I paid $345 tax per year when I first bought my home, it included trash pick up twice a week, garbage pickup three times a week, street sweeper once a week and police were back and forth on the street even when not needed. Mayor Ferre: What year was this, ma'am? Ms. Goldstein: Twenty-four years ago. In 24 years an average salary was $75 a week, multiply it by about 4 times you'll get what you get now. Right? For the woman, that's $300 a week which is a pretty good salary. At this time I'd paying close to 7 times increase in my property tax and that's not so bad, the fact is my services have decreased. We do not have a street sweeper, the man with the broom has no supervision, there comes a truck to pick it up, the street is filthier after, besides the increase in taxes I am paying for the trash pick up which I'm supposed to get once a ^ek compared to twice, but I may have received twice in the last six weeks which means once every three weeks. Do you understand what I'm say- ing? Mr. Plummer: The same thing has happened to me. Ms. Goldstein: Now I'm telling you the City is filthy, as you drive around, we are getting nothing for our money. All we're getting is pay- ing more and more and more. We are getting poorer and we're living less, having less help from the government. Our money is not being spent wisely. I sent my check in in December last year and the check did not clear the bank till February. As a bookkeeper, if I worked that way for a company I would have been fired and never would have been able to make a living to pay the taxes. What is wrong? Where is our money going? Where is the leadership? We want leadership. The money is bad enough but we want something for it. Thank you. (CHEERS AND APPLAUSE FROM THE AUDIENCE) Mayor Ferret Marilyn Reed, 3183 Mc Donald, Coconut Grove, Miami. Ms. Marilyn Reed: Fellow workers, my name is Marilyn Reed. I'm on the Board of Directors for IMPACT and I reside at 3183 Mc Donald Street in Coconut Grove. Last year at this time this room was filled with over- burdened taxpayers trying to get a message over to you. I remember you, Commissioner Plummer, remarking that it was of the few times you could ever remember so many people turning out for a budget hearing, that usually there might be 10 people. Judging by Commission decisions and actions today and in the last 12 months it is crystal clear that you failed to get the message last year. I am convinced that this Commission is suffering from what Stutz Lonigan has called the "Peter Pan Complex", you are living in a world of fantasy. Gentleman, it is high time you face reality and reality is these people in this room tonight, the very backbone of this community, the homeowners who are forced to bear the burden of exorbitant taxes because government continues to be mismanaged and continues to waste millions of dollars on what we consider to be frivolous and unnecessary projects. I sympathize with Mr. Gary in his struggle with this budget, for it is impaled on the twin horns of mismanagement inherited from the Grassie years and the frivolous waste of tax moneys by the Commission's past actions. I have heard most of the Mayor's speeches justifying a seemingly endless spending binge in the name of economic development but this is using statistic and justification as the drunken man uses a lamp post for support rather than illumination. I have here 30 pages of mater- ial listed that we took out of the City Minutes of wasted money down here since the last election. Recently a volunteer group of IMPACT members spent hours going through City Minutes in the last election. This is what they found, it represents millions of dollars being spent to support special interests and to underwrite private sector development, thousands of dollars spent on studies which will end up on a shelf, thousands of dollars for consultants and hundreds of thousands of dollars spent on out- side law firms to fight citizens groups, to pursue whims or to defend the City against the many lawsuits in which the City unnecessarily gets involved as the result of its own misguided decisions. Let me read some of the ex- AVVles of what is in here. Half a million dollars on furniture for a new government administration building which the voters turned down, $74,000 for furniture for the Garbage Department, $100,000 for Mr. Noquchi to 159 SEP 1 0198) redesign Bayfront Park, another $150,000 for him to design a fountain. $15,000 for sculpture and art work for the Garbage Department, $10,000 for an OAS Conference Seriep. $100,000 for an African Trade Fair. $112,000 to rent the 12th floor at 150 S.E. 2nd Avenue for a country -club suite of offices for the people to do the Watson Island Development, the Convention Bureau and the Parking Construction Management. These offices could be put in Bayfront Auditorium where the City has a yearly deficit. $175,000 for the New world Cultural Arts Festival which is already falling apart. Who needs pink skirts around islands in the bay? APPLAUSE FROM AUDIENCE Ms.Reed: (Continued) $100,000 to send City employees to Europe in search of onventions. This allowed for a month of living it up in Spain and other countries. Other junkets the taxpayers underwrote, we sent Mr. Lacasa to Spain, we sent the Police Chief to Columbia on a reciprocity visit for Sister Cities. We were asked by Mr. Reboso recently to send someone to Argentina to represent the City on a trade mission and how about the $25,000 for the U. S. Sugar Corporation for their wives and children to trot around at the convention or $10,000 as matching funds to a subsidiary of U. S. Steel Corp. to do a feasibility study on an Ethanol Production Plant? And it goes on and on. I have a very personal problem here, this is not, IMPACT, this is me. I used to be an executive director at a Chamber of Commerce and we never once asked the government for any help but when the Latin American Chamber of Commerce came in here and you all started underwriting it, I resent that because historically Chambers of Commerces are business/private sector and should not be underwritten with our tax moneys. I have one more minute and I'll close. It is time all this was stopped, it is time the Commission faced reality, the people in this community want the mismanagement stopped, the tax dollars spent on services not international affairs, no more sipping and gulping at the public trough. May I offer some suggestions on the posi- tive side? Very quickly. If you go back and look, you had departments split under Mr. Grassie, Leisure Services and the Parks. Let's start recom- bining the departments, eliminate one set of chiefs and put some Indians in there so we'll have some services. It is only necessary to start going through there and recombining those departments and start saving some tax dollars. You should stop underwriting all these frivolous projects, stop entering into management contracts and agreements of our public owned lands and facilities which end up costing the taxpayers and putting profits in the hands of contract holders instead of our City coffers. Mayor Ferre: Marilyn, you've taken twice the time. Ms. Rged: Enough is enough, we hope you get our message. Thank you. CHEERS AND APPLAUSE FROM THE AUDIENCE Mayor Ferre: Are you ready now to answer Mrs. Barakes and Mrs. Shera's tax bills? Go ahead. Mr. Surana: I have this tax bill, Steve Barakes. The problem seems to appear, it looks like she is a new owner of the house. Have you just bought the house? Mayor Ferre: Yes. Mr. Surana: Last year the person who had the house got $15,000 Homestead Exemption credited. Since she is a new owner she's not getting this credit, that's why her taxes are higher. If I count from April to April last year, the value of the house was $52,081, after Homestead Exemption, it would be $37,081. Based on 11.987 mills, the tax would be $444.48. The same house assessed $60,529 would have gotten a $20,000 Homestead Exemption... Mayor Ferre: Would have gotten if she had Homestead Exemption which she doesn't. Mr. Surana: Right. The value would have been $40,529. Based on our pro- posed millage of 10.917 the tax would be $442.45. Mayor Ferre: $442, and how much was the tax last year? Mr. Surana: $444.48. It's 4 reduction of $2.03. Mayor Ferre: Ma'am, I'm very sorry, but you're not going to blame the City of Miami for your not getting your Homestead Exemption. Mrs. Sarakes: Excuse me, I have a couple of minutes left because my full time was not given. Mayor Ferre: Sure, even if you don't I'll give it to you. Return her tax bill to her, would you? Mr. Plummer: What you're saying is that the big difference is that she doesn't qualify this year for Homestead Exemption. Mrs. Barakes: Okay, he's telling me for a Homestead Exemption and what I think all of us are telling you is that when your tax is worth $335 last year regardless of what you're talking about now and they're going up to $556 all the double talk doesn't mean anything. We're talking about bottom line. What Mr. Plummer was saying earlier when I was just finished with my statement to the other lady was that it's too bad if you can't tell your home, there's only � of 1% vacancy so we don't give a darn if you leave. Mayor Ferre: No, that's not.... Mrs. Barakes: Basically that's what you are telling us and we resent it. We resent being told that the bottom line does not count, that if we shift the figures around it doesn't matter. Mr. Plummer: Ma'am..... Mrs. Barakes: Let me finish then you can say whatever you wish. Basically what we're telling you is the bottom line is what counts. Now, I couldn't get my Homestead Exemption because unfortunately it is set up so that you can only apply for about A months and if you miss it it is just too bad for you, you have to pay, the City won't fix it up so you can get it or whoever.... Mayor Ferre: State Law. Mrs. Barakes: State Law, excuse me, pardon me. State Law. The bottom line is the bottom tax dollar. We can't afford, in one year's time we can't afford our home. We're telling you just please, you do what you can to reduce our taxes. Mayor Ferre: Mrs. Barakes, the facts are that if you had gotten your Home- stead Exemption your tax would have been absolutely the same, actually it is $2.00 less. Okay? Now, the reason I went to this extent, you can smile and smirk all you want but those are the facts. Now, that has been calcu- lated, if you want to challenge that then you bring us the facts but the facts are that if you had gotten your Homestead Exemption that tax bill would have been the same as last year, I'm sorry. Mrs. Barakes: And the fact is that I called for my Homestead Exemption and was told I cannot get it until last January. Mr. Plummer: Don't blame us. Mayor Ferre: That's not our fault, dear, that's not our fault. Mr. Plummer: Don't blame us. Mrs. Barakes: Don't blame you, but the fact is that you are raising my taxes 66% or 44%, both of which is higher. Mayor Ferre: Okay, right. Well, thank you very much. Mrs. Barakes: You're welcome, and I hope you do get the public's message. Mr. Plummer: Mr. Mayor, I want to answer what this lady said. I was answer- ing a question, a woman who was asking a question that I thought had no answer when I said and gave the statistic that said that there is only � of 1t, I wasn't telling them the property owners be damned in any way, shape or form because I'm one of them. Wait a minute, what's that sir? UNIDENTIFIED SPEAKER: You said you didn't own a home. Mr. Plummer: That's right, I said that, sir, and it's true. I didn't say that, sir, I said.... Would you listen? About 48%, sir, and that's where I am a property taxpayer, sir. No, sir, I don't own a home this year. I happen to be divorced two weeks ago if that satisfies your curiosity. She got the house. 161 Mliy6r Pare: $615. Mr. 5usana: night. This yiar would be $178. Mayor pgrre: $718. Y Mr. Surana: Which is an increase of 16.7%. Mayor Ferre: 16.7%. Mr. Surana: Right. The evaluation went up by 28%. Okay. Mayor Ferre: I see. — Mr. Surana: April to April, it would have gone by 28% but since we have the lower millage rate, the tax went up by only 16.7%. Mayor Ferre: Yeah, but I still don't understand the logic of that now. If, if the millage, if the net millage that you're proposing is 11... what is it? — Mr. Surana: 10.917. Mayor Ferre: 10.917, and last year it was how much? Mr. Surana: 11.987. Mayor Ferre: Now that's a decrease, a slight decrease in the.millage. Oh, I see, because here —your evaluation went up 28%. Mrs. Sherra . That's what I don't understand. How could the valuation go up when the area has gone down? Mayor Ferre: But see, we don't have anything to do with valuation, Mrs. Sherra. See, the City of Miami doesn't set the value of your house. That's done by the Metropolitan Dade County appraiser. We have nothing to do with that. Mrs. Sherra: I think they should fire him. Mayor Ferre: Well, okay. You go tell him that and you go tell the Metro Commission that. Mrs. Sherra: I've been there. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Now, the next speaker is Carla Bonehill of 3200 Grand Avenue, Coconut Grove. All right, Mrs. Bonehill. Mrs. Carla Bonehill: Good evening. Once again, for the record, my name is Carla Bonehill. I reside at 3200 Grand Avenue, Coconut Grove, Florida. I am employed by Dr. Marmish who is your current local veterinarian whose taxes also did rise again this year. We had a circumstance arise 2 1/2 weeks ago, that I put in a call to the City of Miami as our clinic was attempted to be broken into. I personally handled it myself with my personal, very own, Mossberg 22 rifle, and the police never showed up and the suspect went flying down Grand Avenue. Of which 45 minutes to an hour later an unescorted single officer, female, well qualified to handle the call did arrive. Now, has anyone here had a lower tax assessment in this audience? (RESPONDS FROM THE AUDIENCE) Mrs. Bonehill: Thank you. All right. I cannot afford to own a home because I don't make the money, and nobody will give me a loan because I am quotea divorced female with a small salary? If I was to buy a home, if property value now, I would have to go up probably in Mrs. Sherra's area of which our family used to have a restaurant on N.E. 2nd Avenue and 59th Street which has gone predominantly Haitian. And I can identify 1�3 SEP ? 0 ,n81 Mrs. Bonehill (continued): with her problem because they used to come in there. Number two, I think, Mayor, and excuse me, if you would like to have Disney World down here I will drag you up because I think that's money totally wasted that could go to the Police Department, that could go to the Fire Department and if you want to go to a circus, you got a circus right here with crime and fires and people that can't get the help when they need it. (APPLAUSE). I am tried of having Marielitos flash at me. Its become a normal turn of events. I, I ... when I leave here, I'll t�ake off my jewelry because I am afraid in my very own community of oconut Grove. Now the last time I was down here I spoke on the closing of Rice Street which approximately is worth somewhere point $150,000,000 to $200,000,000 that is going to be used by Mayfair. Now that money could be used for our police, fire, local services and a lot of other things. It wa� a giveaway to Ken Treister and Mayfair that has been sold again. Thank you. (APPLAUSE) Mayor Ferre: The next speaker is Ruth A. Bartoli of 720 N.E. 26th Street, Miami. All right, Mrs. Bartoli. Mrs. Ruth Bartoli: Mayor Ferre, Commissioners, my name is Ruth Bartoli, for the record. I also am a member of the Board of Impac but I speak on my own behalf tonight. I too find myself as a single woman, unable to buy a house here because I can't find one at what you call the going rate, $50,000. If I could, I would buy it. I therefore read the papers, and the average rate is $80,000 for a home down here at the present moment. I can't afford that. So therefore, I'm forced to live in an apartment. My landlord is forced to pay taxes. I'm living in an apartment where I've been robbed, where I've been attacked in my car, and if I call the police and they come after a period of anything from 20 minutes to 2 hours, I live in an area now in an apartment where people live myself can't... families are forced to live in an efficiency. We have two families living in an efficiency. One can't sleep at night. If one calls the police they arrive within 2 hours. If I have a discussion with the police, frankly speaking, they tell me if the Mayor wouldn't take his junkets there would be more money for police. That's... I'm known for not mincing words. I just speak common, ordinary English language. I have gone through the minutes. I'm one of ;the people who reviewed them. Thousands and thousands and thousands of dollars of waste that could be used to supply us with what you as the Mayor and Commissioners are supposed to supply us with without raising the taxes to do it. Garbage collection, recreation parks, police and fire. And that's what I want at the same rate, not an increase because it isn't necessary. If you as I had to live within a budget. And I ask you, therefore, please skim off the giveaways. I sat here the night that you gave that street away when it had a value. That money could have been used. You have to use some kind of inventive financing now a days. That money could have been used to supply, if nothing else job training. Whatever. But it was not to be given away by you gentlemen. Thank you. (APPLAUSE) Mr. Carollo: Maurice, can I clear something for a second? You know, I agree with a lot of the points that are being made here tonight by some people. Some others I don't. I'd just like to pointing their fingers that there are people that have come here tonight point their fingers that we all voted one way or another. Ladies and gentlemen, I would hope that you would take note if you haven't in the past, as to who has voted what way. Last year, at this same time last year when we voted on the budget, this Commissoner voted against the increase in taxes. This Commissioner voted against the increse in garbage collection fees. And this Commissioner was the one who made the motion so that you wouldn't have an 82 gallon container to put your trash in. So I would hope that you studied your government officials a little closer to see who voted which way. Yes I agree that there's a heck of a lot of fat to be cut and I think some people are mistaken. They look at us like we all might be millionaires or live a life that's above the average. Well, I'm 26 years old, I have a wife, two children, one's 3 and one is 1. The house that I live in which I bought this past December, I paid $72,000 for. We have two cars, 1974 and a 1977. Ladies and gentlemen, I am an average Miamian not an overly wealthy one. And I'll assure you, the last person here tonight that wants to see taxes go up is myself because I can't afford it,. When you have one person working in your home, you have 1.F4 SEP 10 1981 Mr. Carollo (continued): two children, a Wife to support, and dog and birds$ believe me, you cannot afford for your taxes to increase. So Y would ask you to please, before anymore statments are made that are throwing "eryone into one barrel, to consider those statements before they're made because there are some differences up here. Mayor Ferre: All right, the next speaker is Sam Poole. Sam Poole of Impac. 2821...how do you pronounce that? Mr. Flummer: Coacoochee. Mayor Ferre: Coacoochee Street. Yes, sir. Mr. Sam Poole: My name is Sam Poole. You just gave my address. A lot of tough acts to follow up here. I think you all are probably getting the message that we've come to give you, so I'll keep mine as -h ort as it is sour. I live in one of those houses that's apparently not one of the average $50,000 homes and my taxes went up 55% last year, and they've gone up again this year and I didn't bring the receipt, so I can't let you figure it out, but I'm tired of it. I don't see any improvement in services for the money that we're spending. Notwithstanding that you might atribute the increase to the assessment. The assessment did jump up enormously but the millage rate wasn't rolled back accordingly as Metro did last year. My Metro taxes went up 5%. So I don't like it. I don't see any improvement in services and I think that I'm just getting fed up with the increase in taxes year after year, and I think that's what people here are trying to tell you. And we'll watch the vote. Don't worry about that. Mayor Ferre: All right. The next speaker is Janet Cooper. Ms. Cooper. Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I'm tempted to start my presentation to you as once upon a time there was a single girl who lived in a 920 squ4re foot apartment, one bedroom, that she bought for $57,100 in 1976 which last year was assessed at $95,000. And this year's assessed at over $144,000. An increase of over 52% from last year, over an approximate 50% increase the year before. And whose taxes, Mr. Mayor, Mr. Lacasa, were approximately $2,200 last year, total, and this year approximately $3,600. $300 a month for someone who has never been the cauge of the Police Department to spend time checking her out or arresting her, has never called the Fire Department to spend their time, doesn't send any children to school, really does not generate a lot of use. $300 a month, one person. Now I know that you say don't blame the increase in assessments oq the City and you're right about that. I appealed it last year without a lawyer, by the way, for the lacy, although T almost won. I've never done thin kind of a*uff before, and I got a decrease. You don't need a lawyer and it can be done, and they cannot raise you when you go into appeal it. They can only leave you the same or lower you. But if you were taking into account in your budget all these increases in assessment, you should have a lower millage rate to account for it. But you do have a higher millage rate. And you've come up with some very pretty figures about average properties. But it's really average home owner, and what you're doing when you talk about a dollar decrease is you are taking what is actually for the number of people in the homes in the City of Miami, you are taking a very low average. I would like to know if that average is in the City or is that County+wide? Mr. Surana: That's for the City of Miami... Ms. Cooper: That's the City average? Mr. Surana: Right. And that came from Dade County Property Appraisers Office: Ms. Cooper: Is that of homes only? Mr. Surana: Yes. Ms. Cooper: And what you're doing is you're hiding behind a very large, new Homestead Exemption that didn't exist before. And that's why you're showing a decrease. But you're actually raising the millage. You shouldn't have to raise the millage. What you're getting, you're getting a 15% increase already just in the assessments average. 52% of my home. So how come a 15% increase in the budget has to account for an increase in the mitlage if that's the increase? Mayor Ferre: Janet, the millage is 11, as you...what is it again? Mr. Surana: The millage is 10.917 which is down by 1 mill. Mayor. Ferre: Now would you tell me where the millage is going up? Ms. Cooper: Well, I had understood that the millage was going up. Mayor Ferre: Well you see, you understand a lot of things that don't end up being the way you understood them. Ms. Cooper: Maybe not a lot of things. Maybe this one, Mr. Mayor. But I would like to take another couple of minutes perhaps, and point out just glancing through the budget for a few moments here this evening, 15 employees in the Office of Information and Visitors are a cost of $435,075. 48 people in the Office of Computers and Communications at a cost of over $1,386,000 just for the employees alone, with over $2,000,000 for the operating budget, separate from personnel. 30 people in the Department of Management and Budget at almost $1,000,000. Here's a really good one. You increased the Department of Finance to 86 people. That was an increase of 23 people that the City didn't know it needed until some study came along and told it that it needed 23 more people. That's over $220,000. And in the description of what the Finance Department does, it says thpt they include the administration of the Self Insurance Fund, but you have another 28 people budgeted in your list of people for the self insurance administration. And where do we really need the people? You decreased by 10, from 72 down to 62, the Building and Zoning Department. Now I have a particular bone to pick with you as do many of the other people who spoke here. There is no reason why people will want to come to live in Miami. You can spend all the money you want on the Sugar Cane Festival, and the Trade Fair and sending the Mayor and somebody else to Mexico about energy, as you did... Mayor Ferre: I'm not going. Ms. Cooper: Well, your letter said that you were going. Mayor Ferre: On my own expense. Ms. Cooper: Okay. Mayor Ferre: As usual. Go ahead. Ms. Cooper: It was not clear whether it was your expense or your expense budget. Mayor Ferre: No, ma'am. Ms. Cooper: Nonetheless, these types of expenditures are being made for the purpose, allegedly, of making Miami a more lesirable place for people to come -What do you hear, is cities where people want to live. They want to live where the trash is picked up, where the zoning is enforced, where it's pleasant to live. You make the basic services in the City of Miami work properly and you will have a community where people want to come and you won't have to pay them to come here. Mayor Ferre: Thank you, Ms. Cooper. The next speaker ... are you ready? All right. The next speaker is Norma Post, but I'm going to recognize... Mrs. Goldstein, don't go away. All right, go ahead, tell us about Mrs. Goldstein. SEP i o 1981 Mr. Surana: Mrs. Goldstein, the value of the house for FY 81 was $70,252. For 82, it's $82,556. Mrs. Goldstein: That's after deductions. Mr. Surana: After deductions. Which is an increase of 4%. The property tax for FY 81 were $995. for FY 82, it will be $901 which is a reduction of $94, or almost 10.48%. Mrs. Goldstein: But yet I have $110 increase in my taxes. Mr. Suranaf That's because of Dade County School Board. Mrs. Goldstein: Because Miami last year 716, this year it's $759. But then we had a reduction in the other that brought it down according to him. When I looked, I looked at Miami, according to what Miami is I have an increase. Mayor Ferre: Mrs. Goldstein, would you repeat again the figures, one more time so I can hear them again. Mr. Surana: Her tax went down by $94 or 10.48%. Mayor Ferre: In the City of Miami. All right. You know, now we've taken 3 examples and there you are. Mrs. Goldstein: No. Mayor Ferre, may I say something? Mayor Ferre: Sure. Mrs. Goldstein: The other means the bonds that were already previouly issues, is that it? Mr. Surana: Right. Mrs. Goldstein: Which went down from $374 last year to $288.12. Now that was a commitment prior•to this year. Mayor Ferre: Ma'am, are you taxes up or down for the City of Miami this year? Mrs. Goldstein: They're up by 101. Mayor Ferre: They're not up by 101 Mrs. Goldstein: You are spending more in Miami because this was a previous commitment that gradually goes down when you pay off something. Mayor Ferre: You can rationalize anything you want, but the facts are that your City of Miami tax bill is down. Mrs. Goldstein: The facts are it went up. The facts are that the previous amount of money that has been aloted went down because a certain amount has been paid off. So you are increasing... Mayor Ferre: It doesn't matter how we're doing it. The fact is that your tax bill is down. Mrs. Goldstein: No, if I pay off a mortgage and then I'm spending more money on something else, I'm not getting ahead. And the City is not getting ahead. Mayor Ferre: Okay, right. Okay. Mrs. Goldstein: Instead of paying off in one thing you're upping in another. Mayor Ferre: The next speaker is Norma Post. i S Me. Cooper'. Mr. Mayor, I have to take one more moment. I have to point out' the decrease in the total millage... Mayor Ferre: You have one more moment. Ms. Cooper: ...according to the chart is down. True, the total. But that's because of the significant decrease in the bond millage. The General Fund which is the budget and expenditures that you are making has increased. And that's what I was talking about, Mr. Mayor. Mayor Ferrq: Mrs. Cooper, with regards to your previous accusation, the record on item 82 says as follows: and I want to read it into the record. "Dear Dr. , in the second paragraph, this is Chairman, University of Miami, Center of Theoretical Studies. It is our pleasure to accept your kind invitation to attend the November 9th through 12th, 81, International Scientific Forum on Changes and Energy to be held in Mexico City. I will, of course, pay my own way." It is on the record. Wrong again. Ms. Cooper: Mr. Mayor, I will point out two things. First of all, that was a letter from your office to someone from a different office. And it could very well be interpreted that you were saying that that person in Mexico would not have to pay it, that you would take care of it. And whether it came out of your pocket or the City's pocket was not clear. But Mr. Mayor, you know very well that that is the most minor of the examples. Marilyn Reed read out the examples. That's what adds up. Mayor Ferre: I know, but I mean... Ms. Cooper: ...we're not really talking about a trip that may cost less than $600. We're talking about $500,000 to $700,000 for trade fairs, and hundreds and hundreds of thousands dollars to profit making ventures. Mayor Ferre: Mrs. Norma Post. Mrs. Norma Post: My name is Norma Post. Can you hear me now? It's actually my parents home at 2061 Tigertail Avenue. They've lived there for about 23 years. Mayor Ferre: Coconut Grove, right? Mrs. Post: I have a suggestion for Mr. Carollo and some other people that might be interested as far as assessment on their property and something I'm going to do. Don't paint your house, let your roof leak, don't take care of your property. Just let it run down generally, and then see what the City...I'll bet you're going to declare this a slum area because you will be assessed lower if you do not take care of your property. The County will assess you lower. They found out after 5 years that my house was built in 1920. They didn't know that for so many years. That's one suggestion. However, that may decrease that, but that's still not going to help me on the City of Miami tax bill. Why do we have a higher millage here than we do in the City of Coral Gables? We have more businesses here, we have more apartments here. We were told in Coconut Grove, if you will let us develop this area, we will be paying your taxes. Your taxes will be lower because we will be contributing all of these apartments, all of these businesses. Coral Gables has more services, better services and their millage is lower. Where is all these promises that we heard so many years ago about this? And if....I have a suggestion as far as some of your cutting ground here. It was decided that we have to suddenly have a bilingual program. Maybe somebody can tell me what this is costing us now for this new bilingual program. We were told here, not in these exact words, but if we coulnd't speak Spanish, that we were supposed to leave. And I think this is one of the ways that they're trying to get us out of this community. I happen to speak.Spanish and French and it wouldn't deter me one bit whether I stay here or not. But I see that this seems to be some sort of idea to get these untolerable people that come up here and protest their taxes and protest all of these expenditures. We're supposed to leave. Get out one way or another. If we have to force another 168 Mrs. Post (continued): language on you, we'll find a way. How much does this cost. At the end of this, I'd like to have theanswer to this new burden that's being put on us when we're in an American country where everybody else speaks English. And I think it's to the advantage of everyone to speak English, regardless of where they come —to have a very good fundamental knowledge of this language. You'll do better in all the United States. Mayor Ferre: All right, Selma. The next speaker is Selma Alexander. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: We'll get that answer in a little while. Okay. Mrs. Selma Alexander: (BRIEF SENTENCE IN SPANISH.) I can speak Spanish, I can spea.. French, I think I speak Italian and I speak English. And I have no intention of leaving the City of Miami. I gave two minutes of my time away. One to Janet Cooper, one to Marilyn Reed, and Marilyn Reed requested that I call your attention to item b39, the African Trade Fair for $100,000, the New World Fesitvals, $125,000 and the Trade Fair of Americas, that makes a total of $325,000 that could be co -joined perhaps in one department and spent in other ways. I'm not going to argue that. I think that many of thw things have been brought up that we feel have been wasted in the City of Miami are true. I want to tell you something about my taxes. Last year I got an increase of almost 100% in assessment. And I went down and I had a session with both the hearing examiner and then with a master, and then I went directly to the assesser. And I showed them picture of my house, and the back of my house where some zoning misadventure which allowed 4 stories to abut an R-1 where I live to be built, despite all testimony to the contrary in front of this Commission, in front of Zoning Boards, Planning Boards, etc. And on the basis of this, they reduced my land assessment because I had been adversly affected by the actions of the City of Miami and its Zoning Deparments. They raised me again this year to the tune of 37%. I went down again with the same material and again my property value was reduced without a hearing examiner because I don't take no to an answer and I don't listen to what other people say. I exhaust all administrative relief which I tried to do in the City of Miami. But believe me, I didn't get very far with the City of Miami, neither with the Legal Department or the Zoning Department or this Commission as to what happened to me and the adverse impact. I did very well with Metro. So when I was asked to sign a petition relieving a Commissioners I said I would sign no petition, and I go on record here today that I signed no petition relieving any Commissioners. I will only sign a petition that will relieve the City of Miami of its Charter. Thank vou. Mayor Ferre: All right. We now have one last speaker who is Conner Adams. Mr. Adams, you are the last speaker, sir. Mr. Conner Adams: Mr. Mayor, Conner Adams, General Employees Association, AFSCME 1907. I was really prepared tonight to address further into the mpettng when Impac studies were to be made on what the impact of the new budget would be on the individual departments. However, there are some things that have been brought out tonight which I can address at this time. Unfortunately, I cannot, like I said, go into the Impac studies because they haven't been brought out. I do have a printout here, if I can find it, of a survey which will ... I won't go through this survey, I Would like for the Commissioners and the City Manager to look at this survey. I think that rather than cutting out services, the needed services of this community, such as in the parks, in the recreation, in our screed repair, this type of thing, which as been done in the past in two recent lay-offs since March that has cut back these services. That it would be good if the City Commission would just take a glance at this survey that I've made. This analysis that I've made. This analysis in the end will point out that the pyramid is tipping, and what I mean by that is that the ol¢ pyramid of working in any business would be that the administrative would be up at the top at the point of the pyramid, and as you came down, the workers would be at the bottom, the greater number who are actually doing the work on the street. However, the pyramid seems 169 SEP 1 0 1981 Mr. Adams (continued): to have tipped the other way, where the point is dorm and the administrative is up here. A lot of administative' people at the top, very few workers giving the City services at the bottom. And I think that you'll find this is not a complete survey of all departments. I didn't have time to complete this survey. But I will say this, that the General Employees Association and myself, personally, stand on record tonight to oppose any further reduction of any services that this City of Miami now has. I will not address the General Fund, I will not address the per cap taxes because I think at this point, and I'll have to oppose what has been said tonight in some cases, I think that you have honestly attempted to reduce the millage rate and reduce the property taxes. But I think that further cuts can be made in the administrative levels rather than at the lower service levels and can accomplish a further savings to the City. There has been brought out that in some cases the Police Department has several men working inside the station that ma) Io put out on the street. This is in addressing the 186 policemen that will be hired. I feel that there could be a look at that in that respect, to the fact that maybe you can reduce the number of new policemen hired if you put some more out on the streets from the station. I'm hoping that some kind of survey could be made on that. I appreciate the Commission listening to me tonight for this length of time. I would like to reiterate that I personally, and AFSCME are opposed to any further cuts in the City services to this community. Mayor Ferre: All right. Mr. Adams, I will be, if you will stick around, I will be asking you some questions in a little while after we get through with the public hearing aspect of it. Mr. Adams: Okay, sir. Mayor Ferre: All right. I hate to impose on you that way. All right, now we have heard from... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Yes, ma'am. You were not on the list. You are the last person I'm going to recognize because I imposed a rule here and I'm going to make one exception with you and after that, that's it. All right, you're the last speaker. Mrs. Charles Starkey: I am Mrs. Charles Starkey. I live at 200 S.W. 50th Avenue. I would like to address a problem that has not been brought up tonight. My husband is a 100% totally disabled veteran, as you know. We've been here before. We own a piece of property in what is now known as the Little Havana area. Unfortunately... Mayor Ferre: As I recall, it's on Cuban Memorial Boulevard which you objected to. Mrs. Starkey: No, it is not. It is next to... Mayor Ferre: Domino Park. Mrs. Starkey: ...the Tower Parking lot behind Domino Park. Now, we have been broken into we have had our property destroyed. I have had fights from the parking lot, the Cuban Marielitos on our property with broken beer bottles. My life has been threatened. The police do not come. They wait until they make sure the fight is over before they arrive. The property value has depreciated and the tax assessment keeps going up every year and I cannot sell the property because nobody wants to buy it. I cannot sell it. Do you know anybody who would like to buy it? I would love to sell it. I cannot get rid of it, I cannot keep people living there, I cannot raise my rents because the better class of Cubans do not live in that area and what do I do with my property. If you would like to buy it from me, I would love to sell to anybody that wants to buy it. I cannot afford to pay the taxes because I do not have that much rental coming in from the property. I cannot get insurance on it. It's in a high crime area. And yet when I go down to the Tax Assessors Office, they say well there's nothing we can do for you. I have _ Mrs. Starkey (continued): been to the Tax Assessor's Office last year, I was to the Tax Assessor's Office the year before, and I was at the Tau Assessor's Office yesterday. I get no relief. My taxes keep going up, and I do not get the services that I pay for. There is trash and garbage. The place looks like a dump, and yet I have to pay taxes. I have to pay for garbage pick up, and the streets in that area, they run around there, they sell everything including pants hanging from trees. This looks worse than South America. This is no longer America. I thought I lived in Miami but now I live in Havana. I don't live in Miami. Thank you, sir. Mayor Ferre: All right. Now is there a motion to close this public hearing? Mr. Lacasa: Move. Mayor Ferre: There is a motion by Commissioner Lacasa. Is there a second? Mr. Plummer: Mr. Mayor, I think the technicality is that we make a motion to continue this, not to close it, isn't it? Mayer Ferre: All right. Mr. Plummer: Because we have the second meeting on the 24th. Mayor Ferre: No, actually, that is also a public hearing. And at that time, I will recognize the public to speak at that particular time. So technically, what we're doing is closing the public hearing tonight, and if you wish, I'd be happy to insert and that it will be reopened at the appropriate time on the 24th. Is that the next date? Mr. Gary: Yes, sir. Mayor Ferre: 24th of September. At what time? Mr. Gary: 7:00 P.M. Mayor Ferre: At 7:00 P.M. Mr. Plummer: Mr. Mayor... Mayor Ferre: Is there a second to that motion? A motion to close the public hearing for tonight. Mr. Plummer: Second the motion, Mr. Mayor. Mayor Ferre: Second the motion. All right. Further discussion? Mr. Plummer: Under discussion. Mr. Mayor, as you will recall at the Police Department when we had the budget workshops, and I don't know when Mr. Gary plans on going into this matter, but one of the things that this budget very seriously hinges upon is the situation relating to garbage. Mayor Ferre: J. L.,... Mr. Plummer: Excuse me. Mayor Ferre: Let's get into that... Mr. Plummer: After these hearings? I think we've got to make a decision tonight because it!s going to have a big bearing. Mayor Ferre: I'm with you, and I will recognize you at the proper time to make your statement, and then to make a motion. Mr. Plummer: Tonight? Mayor Ferre: Tonight. Yes, sir, I promise you that. I think if it is all right with the members of this Commission since we now have a 171 K o 10 1981 Mayor Ferre (continued): closed public hearing with regards to the budget for tonight, you will have another opportunity to speak again at 7:00 P.M. on the 24th, and I will recognize you at that point. All right. We now have 8 speakers that wish to address the Commission on Revenue Sharing. And I think out of courtesy to all these people we should let them speak and then we can come back and deliberate and speak all we want. Close that portion of the public hearing off and then deliberate, okay? We may be here two more hours beyond that. Now, does anybody need to speak more than 3 minutes? And I'm going to try to hold you to it. We will,start with the first speaker who is..is this in order? Ralph, is this in order? You gave this to me in order? Mr. Ongie: Yes, sir. Mayor Ferre: All right, the first speaker is ACTION Community Center. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: I'm sorry, you're right. Give us your recommendation, Dena Spillman. You have it, it's all in writing. Don't you have a copy of it? Mrs. Spillman, Mrs. Spillman, Federal Revenue Sharing, the people that are here wish to speak, say they have not seen your proposal. Mr. Gary: Mr. Mayor, at this time, what I'd like for the City Commission to do is to consider the broad allocation of Federal Revenue Sharing which is the same process we do every year. Then, after the budget is adopted, then we deal with the specific allocation of the social service program amounts. So, we're not talking about allocating specific amounts right now for the social service programs. Mayor Ferre: All right. Is this what we did last year? Mr. Gary: Yes, sir. Mayor Ferre: And the year before? Mr. Gary: Yes, sir. And the year before, and the year before. Mayor Ferre: Okay. Do you understand what he's saying? What he's saying is that traditionally the City of Miami Commission has done the following: it adopts a broad classification of the usage of Federal Revenue Sharing. It does not get into the specific allocations. After the budget is adopted, there is a specific public hearing for the purpose of allocation. Not tongiht. Now this is what we did last year, that's what we did the year before and that's what we did the year before that. That is the procedure that we have traditionally used in the City. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: That may be contrary to what they told you, or what you think they told but that is not contrary to history. I can tell you, and I attest to the fact, that in the past this City of Miami Commission has done it exactly this way. Now if you want to speak to that general issue you can do so, otherwise, we're going to get on with a very quick public statement from each of you. Mr. Manager, when in your opinion, will we have the specific public hearing for the allocation of Federal Revenue Sharing funds? Mr. Gary: I would assume it would be the first meeting in October. Mayor Ferre: All right, now ladies and gentlemen, that being the case, and I'm sorry that we made you wait all this time to find that out... UNIDENTIFIED SPEAKER: I'd like to speak to this. Mayor Ferre: I will recognize you. To this issue only. Go ahead. Mr. Jose Mendea: Mayor, Commissioners, my name is Jose Mendez and I reside at 221 N.W. 34th Street. I'm also the chairperson of Community Development Citizens Participation in that area. And I'm very much 1'72 A ' '�31 Mr. Mendez (continued): concerned, disturbed on the fact that I was told to be here this evening to share the concern of the City recommending the same amount of money for the same program that they have recommended last year. That is not what I hear from the Mayor to the audience. And I'm concerned on that. Mayor Ferre: Ms. Spillman, you'd better be listening because I'm going to ask you to respond and you seem to be listening to somebody else now. Okay. Go ahead. Mr. Mendez: That's it. Mayor Ferre: Would you respond now, Dena? Mr. Gary: I'd like to respond to that, Mr. Mayor. Mayor Ferre: All right, sir. Mr. Gary: There appeared to have been some miscommunication between myself and the staff, and they contacted the social service agencies which they should not have done, and I apologize. Mayor Ferre: Okay. That settles it. Unless somebody doesn't want to accept the apology. Now, let me ... you're all right there, Howard Gary. I'll tell you. I want to make a statement. This is the first City Manager that I have seen, and I have worked with 4 City Managers, that has every publicly apologized to a citizen for something. (APPLAUSE) And I want to tell you that if more people in this community and in this City behaved that way, we'd have a heck of a lot less problems. Thank you, Mr. Gary. All right now, do you want to speak to the issue that is before us? All right, I recognize you. Your name and address for the record. Ms. Cuneen Maldonado: I'm Cuneen Maldonado, of Florida. I would like then to ask what is going to follow in terms of that, what is the so I will know. executive director of Aspira the procedure that we're clear procedure for this Mr. Gary: Mr. Mayor, in the past we've had some confusion in terms of communicating to the social service agencies as to what we were proposing and the reasons we were proposing them, before we came to the City Commission meeting. What I want to do with the process before we get to the October meeting is to be able to sit down with each individual agency to explain the budget constraints, explain the City's overall budget and what we will be allocating to each program and the reasons why. Mayor Ferre: Okay. All right, now Howard, I want to make a statement into the record while Miss Maldonado is up here. All right? She's new to this community. She came highly recommended to take on a very important program. She is working in job training. That's here thing. That's what she does. That's what her organization does. It is a national organization that functions in New York, it functions in Chicago, it functions in different cities in the northeast. And their thing, what they do is to train people to get jobs. All right? Now, there is another organization, Mr. Manager, that deals with health problems. As you know, it is not the traditional obligation, I'm talking about the Puerto Rican clinic. It is not the obligation of this City, it has not been the obligation of this City to fund health programs. That is done by the Federal government, by the state government, and by the County. This is the one exception. Now, we did not always do that. We at one time funded that money to an organization called PROC which also was in job training and job oppotunities for Puerto Ricans and other Hispanic and black minorities. Okay? In the Wynwood area specifically. When PROC went out of existence, we turned it over to the Puerto Rican clinic because we wanted to do something for the Puerto Rican community, found no other organization to deal with.arid so -we turned it -over to them. It is my unuerstanding that the Borinquen Health Center, now renamed, 1`73 SEP 1 0 1981 :a t u Mayor Ferre (continued): has gotten a major grant from the Department of, what is it, HRD? HRS, I'm sorry. They were funded by HRS. Row it is my intention, and I want to put it on the record now so that it is clearly understood and it is nothing personal against any individual or that organization, but since they do have funding this year from the Federal and the state government, it is my opinion that those scarce resources that we have are better used with this highly regarded organization which comes with the highest credentials and recommendations, and whose main task is to train people to get jobs, which is where it's at today. And so, I'm just, as one person, I'm putting it on the reoord that my vote is going to go for this Apira Organization whose main function is to train young people in this comunity for jobs. Ms. Maldonado: Thank you, Mayor. Please, could you tell me when can I expect to meet with you? Until what time? By October 1st you said? Mr. Gary: Yes. I would say we will be in contact, Mrs. Spillman will be in contact with you between now and the next week and a half. Ms. Maldonado: Okay. Thank you very much. Mayor Ferre: Is there any need for anybody else now to speak since the matter has been changed? If not, we will see you at the next meeting of October. Thanks for you patience. Thank you. And I'm glad we got this clarified. All right. Mr. Manager., I have a series of questions to ask the administration with regards to the budget, and I want to refer specifically to what Mr. Adams has given to you. Mr. Manager, it is my understanding, sir, in a memorandum given to me by Mr. Krause of the Human Resource Department about one month ago, which you got a copy, actually it was addressed to you, which you sent to me, and I have a very specific question. There are 110 people, if I recall the figures out of memory because I couldn't find the memo this afternoon. 110 people who are now making, is it $30,000, $35,000 or more? $35,000 or more. Now last year the figure was 17 people. Is Mr. Krause still around. I'll have a copy of the memo tomorrow but I just couldn't find it today. I'm awfully sorry. I think the point of it all maybe comes in for analysis when you see the following information, and again, bear with me. And I don't know, is Mike Cosgrove still around here? You'd better come listen to this. Is Herb Breslow or Mike Cosgrove around? All right. Chief, you'd better listen to this, and Bob, you'd better listen to this too because this affects, I want you fellows to listen. I'm going to talk about the Police Department now, all right? Now you have been given information, and I have further information here on the Police Department, and I want you to listen to this, and I want Joe to listen to this. Now there are presently working at the Police Department 173 sworn officers, and I'll give you the list, in classifications 505, 511, 512, 513. And I think that covers it. These are sergeants, officers, lieutenants, they make a total annual salary of $4,032,492. Now there are supposedly 814, and Chief, I'm going to give you all this so you don't have to write it down. I'm going to give it to you as soon as I finish putting it into the record. Out of the 814 supposedly total sworn, budgeted sworn personnel...Chief, I'm glad you're here. There are 173 uniform officers assigned to the station, 24 that are administrative officers at the station. There are 288 officers Patrol Section officers on the street, 28 Enforcement Section officers on the street, 11 accident, 63 Special Police Units on the street, 15 Internal Security, 29 Special Investigation, 85 Criminal Investigation, and 124 police recruits in school. That conarises 814. Now... Mr. Plummer: Recruits in'school are not even policemen yet. Mayor Ferre: Well these are of the 814 and these are the figures. Mr. Plummer: Well wait a minute. How many of those are in school? Mayor Ferre: According to these figures, 124. Mr. Plummer: Well those are not even sworn officers. Correct? 174 . r .1 � st. Mayor Ferre: Okay. Correct. If 80% of the 173 uniform people in the station could be replaced by civilian personnel, I'm going now, I'm speaking to the issue of officers out on the street. The calculations are that the City by using 138 civilians would have annual savings of $576,000 and savings on the initial training and equipment calculated at $25,000 per officers, of $3,450,000. Now obviously, that's that is a figure which is not truly ► applicable in this way and I accept that. Now, what really is the thrust of all of this, and I'm not saying that I subscribe to all of this document, but as I understand it, in "A" Platoon, there are 86 assigned personnel. and in "B" Platoon 91, and in "C" Platoon 51, There are uniform personnel only and they do not reflect the criminal investigators, Internal Security, administrative, etc., who are in and out of the station at various times. Now, I think the point of all of this is simply this. As I recall, you gave me information and you said that 8%, was it? Was that the figure you gave me at one time, or was it 10%? I think it was 8% of the total sworn personnel was administrative in nature in the department. Chief Harms: 4.4% and 11.8 in direct support to operations, and operations 83.8%. Yes, 83.8%. Mayor Ferre: I'm sorry, 83% was what? Chief Harms: Operations, and 4.4 administrative, and 11.8 direct support to operations. Mayor Ferre: Is direct support people in the building? Chief Harms: Some of them Internal Security investigators, complaint sergeants, individuals responsible for complain functions, yes, sir. Mayor Ferre: I guess the point is this. That if we were really doing this with 4% or even 10% of the 700 sworn personnel, or whatever the figure is, J. L. Mr. Plummer: 690. Mayor Ferre: 690, okay? You know, 10% of 690 is 69 officers. Now 4% is obviously less. This paper which I'm going to give you now says that there are 173 people in the..inside the department. Would you, not today, because we're not going to be able to get an answer today, would you analyze this and come back to the Commission because I think, and I would hope that by that time you could come back with Porter Homer who iq making that study ... when is he... Mr. Gary: He's almost...he's in the final stages of the first draft, and... Mayor Ferre: I wish you'd hurry him up so that we could come back and have an assessment. The thrust of what I'm saying, Chief is, I think it is essential, you know that you have my full and total support in going up to 1,000 sworn officers, okay? And I'm going to vote that way. And that's in the budget. It is being proposed by the Manager and I'm supporting it 100%. Nevertheless, I think it is important that if we can substitute sworn officers in the building by civilians if necessary, and get as many of the personnel of the Police Department out on the streets and in active functions of the police functions, I think that the City is going to be very well served. And I just want to stress upon you how important that is to me personally. Chief Harms: Yes,,sir. We'll make a report back to you based on the information you provided us prior to the next Commission meeting. And if I may have just a moment of your time, I would like to personally commend you, the Vice -Mayor, and the members of the Commission for attending the funeral of Officer Broom yesterday. I think that's the kind of support, quite frankly, that our department and law enforcement across the state needs. And you were very much in evidence, and I wanted to personally thank you on behalf of law enforcement generally, and particularly in behalf of the Miami Police Department. I thank each an every one of you. A I V Mr. Plummer: Mr. Mayor, one of the things I think that needs to be brought out, don't run off., Chief. I think one of the things that needs to be brought out, Mr. Mayor, was the special fund that was established last year for the purposes of public safety which are not reflected in that piece of paper, Mr. Mayor, that you just handed to the Chief. We took, if you will recall, about 4 months ago $500,000 of that $2,000,000 public safety fund. And what does not reflect in that paper is by that moeny we were able to increase the street patrol in this City by 33,000 hours additional hours that would not have been available, of street time, had it not been for that public safety fund. So I think really what is the bottom line and important to the public is the availability of a policeman, not the numbers, but the availability. And through that Public Safety fund of $500,000, these figures will not represent the additional 33,000 hours that were put on the street in the last 4 months. And I think that has to be included into those figures so that you do draw a true picture. Chief Harms: Yes, sir. And one other thing I might point out is that 18,000 hours were added to available police officer time this year based on that alarm ordinance that this Commission passed last year. So that was a very important step as well. Mayor Ferre: All right. Now, members of the Commission, as you know, during, was it last week, or the week before because I don't even remember now when these things happened, I spent, and some of you spent with me 2 days going over the department by department budget hearing. Now I just want to make sure that you all know that those tapes are available at any time if you need to go over them. And if there's any ... are there any questions at this time that you specifically wanted to address to the Police Chief or any of the department heads. I don't have any questions at this time that I have not already asked. Mr. Plummer: Well Mr. Mayor, if we're going to get, if this is the time, then I'm ready to go. Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Mayor, one of the assumptions that the administration is traveling upon is going to a curbside pickup of garbage. Mayor Ferre: I think that has been changed, Mr. Gary, you'd better speak to that so we can avoid a lot of discussion here. Mr. Gary: Mr. Mayor and members of the City Commission, the budget that I propose initially requested that the City Commission either increase the revenues from ad valorem taxes, or increase the garbage fees. When the budget was initially —not the budget, the millage rate was initially adopted as the tentative millage rate. So for mailing purposes to the community.. Mayor Ferre: 3 members of this Commission. It was a 3-2 vote. Mr. Gary: Yes, sir. It did not take into consideration any change in the method by which we collect garbage and trash. Mr. Plummer: All right. So your budget presently then speaks to a back yard pickup as we presently have. Mr. Gary: Yes, sir. Mayor Ferre: And without a fee increase. Is that correct? Mr. Gary: Yes, sir. Mayor Ferre: In other words, the fee, which is what we're paying to Metro for the most part... Mr. Gary: Yes, sir. 176 SEP 1 o 1981 Mayor tette: .is $15 and that remains the ems4 is that correct? .`r d$ry3 Yes, Sit. Mayor Ferre: Okay. Are there any further questions of the admitietratif� Okay. 'Well tell me Mr. Manager, what it is that we trust do at this tip ndw; We need to first of all, amend the tentative budget, if at all. fi Mr. dary: Exactly. Y ; Mayor Ferre: We have an opportunity to amend it... Mr. Gary: The second time also.1-41 Mayor Ferre: ...on the second time. Is that correct? Mr. Gary: Yes, air. Mayor Ferre: All right. Are there any amendments to the tentative budget as presented? Do we need a resolution to that? Mr. Gary: No, sir. Mayor Ferre: All right. The second thing is recompute ... we don't need to do that. Mr. Gary: No, sir. Mayor Ferret Third is publicly announce the percentage by which the recomputed proposed millage rate exceeds the rollback value. Are you ready to do that? Mr. Surana: That's 15.4%. Mayor Ferre: Sir? Mr. Surana: 15.4%. Mayor Ferre: Tell me what that is again. Mr. Surana: 15.4. Mayor Ferre: Yeah but this is the... Mr. Surana: On rollback. Mayor Ferre: ...this is the proposed millage rate excess over the rollback rate? Mr. Surana: Yes, sir. Mayor Ferre: Okay. Does that comply with the law then? Mr. Gary: Yes, sir. Mayer Ferr#: All right now. Next, we need to adopt a tentative millage rate. Is that correct? Mr. Surana: Yes. Mayor Ferre: all right. Do you have a resolution to that effect? Mr. Gary: Yes, sir. Mayor Ferret Where is it? Mr. Gary: It's in your package. Mr, guratta: it's an ordinaace. Mr, Mary: it's an ordinance. We gave you a budget package. Mr, Surana: It' tentative. Mr. Plummer: well, they're just asking for a tentative setting tonight. Mayor Ferre: All right. This is an oridnance defining and designating � the territorial limits of the City of Miami for the purpose of taxation, fixing the tentative millage and levying taxes in the City of Miami# $lo#da for the fiscal year beginning October 1st, 1981, and ending September 30, 1982; containing a severability clause. This is on a first vote. We, of course, have the right to vote differently on the second vote. Do you understand that, Mr. Gary? Mr. Gary: Yes, sir. Mayor Ferre: Because there are members of this Commission that still have unanswered questions. Mr. Gary: Yes, sir. Mr. Lacasa: There is something that I don't understand, Mr. Mayor, and it is we are going to vote on fixing the tentative millage which is based... Mayor Ferre: First reading. Mr. Lacasa: First reading. But whatever it is, it's based on the budget. And yet, we have not discussed the budget. We have not come to decisions as to the different items on the budget. So I am not ready to vote on the setting of the millage because we don't know what the budget is going to be. Mayor Ferre: No, no, no. Wait. In the first place, this book has been in our hands for quite some time and we hade two... Mr. Lacasa: Oh yes, and I have several questions. Mayor Ferre: ...wait, and we had two full days of hearings on this. In the second place, I just finished asking you and the rest of the'Commission if you had any questions relative to the budget or any comments. Mr. Lacasa: Yes, I do. Mayor Ferre: I'm sorry. Then I perhaps didn't makA myself clear. Do you have any items that you wish to bring up. I will recognize you for that purpose at this time. Mr. Lacasa: I go back to the very same question that I asked the City Manager at the meeting concerning the budget at the Police Station when we were discussing the City Manager's plans for the Building Department and the Fire Department. And at that particular time, the City Manager said that he wasn't ready yet to give us an answer concerning his plans. His plans might affect this budget that we are being presented with tonight. So, I would like to ask the City Manager if he is ready now to have an answer of what his plans are for this department. Mr. Gary: First of all, I'd like to respond with a preface that the plans I have for any department is one in which we will get the biggest bang for the buck. It will be very efficient and perform the services that we have outlined in the Charter and in the Code. With regard to the Building Department, as we're all aware, there was a study that was began by my predecessor with regard to some improvements that needed to be made in the Building Department. It is my intention, my full intention to implement those improvements. I'think we're all aware that I have assigned the Assistant City Manager for Fire as the overall supervisor for the Building Department to reassess the ,problems that exist in the Building Department, and to develop improvements for the Building Department, and those improvements will be implemented. With regard to the budget, the budget that was proposed to you reflects a streamline budget just as in any 178 7 �a Mir. Gary (continued): other case, particularly in view of the fact that we're- talking about 55% of the departmental city budget being removed from the freeze. So obviously, it will require considerable reductions in the remaining departments. The proposed budget for the Building Department reflects the best of all worlds in view of the fact that we have a budget constraint, and that the proposed reductions will not affect the building activity in the City, in my estimation, it will not affect the safety of the residents of the City. As a matter of fact, I think it will be improved and that's the status of the Building — Department. Mr. Lacasa: So in other words, are you ... what you're telling me is that I you do have plans to merge the Building Department with the Fire Department. Mr. Gary: I did not say,that. Mr. Lacasa: You're going to keep the two departments separate. Mr. Gary: I think it's an option that's left up to the City Manager and I will retain those options for the City Manager. Mr. Lacasa: Are you prepared to tell the City Commission at this point which option you are going to exercise. Mr. Gary: No, I'm not. Mr. Lacasa: You're not. Well, I am not ready to vote on this until after you are ready to tell me what are your plans for these two Departments which I think are essential to the City. Let me tell you why. The City of Miami depends basically to sustain the services without increasing taxes in the increase of our tax rolls. We have been able so far to survive basically, because of the heavy vertical construction that has been going on in the City of Miami. Why? Because the City of Miami, as we all know, is geographically limited. We cannot expand. Dade County can expand to the west where there are tremendous amount of lands available for construction. The City of Miami, however, is geographically limited by the bay and by the other municipalities such as Coral Gables, North Miami and the unincorporated areas of Dade County. Therefore, the possibilities of building in the City of Miami are basically vertical, and that is what has been happening basically in the Brickell area and in the downtown Miami area. This very heavy construction results in the expansion of the tax rolls, and consequently, as the Mayor put it about one hour or two hours ago, what we will eventually see will be a shift of the burden of the tax on real estate in the City of Miami from the typical city residence to these buildings in the downtown area and in other adjacent areas to downtown. All of this heavy construction depends basically on the Building and Zoning Department of the City of Miami, and it is to their credit that they have with rather limited resources, for the last few years been able to maintain a very positive relationship with the developers, the builders in this City that have attracted projects such as the one that we were discussing before when we were discussing these projects going on in the downtown area, such as, the Ted Gould development, the Southeast Bank Building and so on. This department is a very technical department, highly professional department where the main issues are architecture, engineering, both electrical, plumbing engineering, mechanical engineering, landscaping architecture. That is the sort of services that this particular department provides for the City of Miami. The Fire Department helps tremendously to do two things. One, they do preventive, preventive type of service which insures that the provisions of the Code as far as fire is concerned, are enforced. And that those buildings will have the necessary equipment, the necessary specifications as to insure that we be safe from fire. On the other hand, it's also a supportive department that helps when we have a fire, of course, or some-kind.of structural damage to go on emergency basis to that disaster area and help solve the situation. These are basically, from my standpoint of view, a percentage, just a percentage of the main thrust of the'Building and Zoning Department. And I fail to see how we could reverse the situation and have a department head and a department which is actually just a sustaining part of the effort in the 1`79 SEP 1 0 1981 Mr. Lacasa (continued): building and zoning area to supervise the main department, which is the one that really carries the burden of builidng and zoning in the City of Miami. I fail to see how the Chief of the Fire Department, which to the credit of the City of Miami is probably one of the best in the United States, have he or anyone under his supervisor has the academic background ,the technical ability to supervise architects, engineers and the like. So what I see here is that the values have been, are really up -side down and that by doing this we might just create a tremendous crisis in what already is a problem in the City of Miami. The very heavy fees that the developers and the contractors pays to the City of Miami Building and Zoning Department are based on a contract. They pay those fees in exchange for the services that the Building and Zoning Department are lending to them. They claim that at this particular point there is a breech of contract on the part of the City of Miami because they are not receiving those services for which they are paying very high fees. And that v^ry heavy problems are being created, especially at a time when due to the high interest rates time is of the essence in the completion of their work. The tremendous cost overruns into which many of them claim that they have felt due to the delays on the Building and Zoning Department which in turn complains that when the City of Miami is experiencing a very heavy increase in construction in spite of the fact that we are going through a recession as far as construction is concerned in the whole United States, but here in the City of Miami at this particular point, we do have a very substantial increase in construction. The Building Department, rather than to increase the employees able to provide those services are really decreasing those employees. I wonder if what you intend to do, Mr. Manager, is to substitute this Building and Zoning Department employees with members of the Fire Department. If that is so, that is the question that I've been asking you since the previous meeting at the Police Station on budget discussions. Therefore, since these are very very important questions that goes to the core of what the City of Miami is and will be in the future, that goes to the core of this numbers that you are seeing here, and that many of you has been concerned about because they do represent increase in taxes. I do have very serious reservation. And as far as I am concerned, I am not ready to vote on these matter until we have a very clear definition of what you intend to do with this very important two services that the City provides. And therefore, I'm going to make a motion that we defer further discussion on the budget until after the City Manager is ready to tell this City Commission what his plans are for the administration for these departments. Father Gibson: May I ask a question? Mayor Ferre: Father Gibson. Father Gibson: Are you telling me that the whole budgetary process must be held up until you clear up the Building Department? Is that what I'm hearing? Are you all telling me this is the kind of shop we're going to be operating? Am I hearing you right, Mr. Lacasa? That we aren't going to talk about the budget any more because of the Building Department and the Manager? Mr. Lacasa: Well Father, let me tell you this. I am putting this in a very gentle way. I am putting this in a very gentle way because if I have to tell the things the way they are, I have to tell you that the problem is that what the City Manager is telling us is that he will do as he pleases, and that we are here to rubber stamp his budget, at least at this particular meeting. And I as a City Commission feel that I want to know exactly what is on his mind and how does he intend to administer the City. Because the Charter provides that the Manager has the administrative authority, and it is just at this time of the year that a member of this City Commission has the power to question our City Manager. This is just once a year on the way that he wants to administer the City. We have no other possibilities of really enforcing our authority over upon the City Manager other than remove the City Manager which is totally uncalled for because we have a very able City Manager. But, on this very important issue and if forced, I will have to go into certain other areas that I am trying to avoid at this particular time because I feel that this is time for harmony and constructive approach to 11 Mr. Lacasa (continued): the many problems that the City faces. And I am not ready; unless forced to, to enter into certain other areas which are rather disruptive. But at least, at the very least, I feel that as a member of the City Commission I am entitled to know up front, up front what the plans of the City Manager are for administering two of the basic and more important services that the City of Miami provides. And until he is ready to do that, I am not ready to vote on the budget. Father Gibson: Mr. Mayor, I just want to make sure the public hears what I think I'm hearing. Are you telling me that all of the other business of this City must stand still because one department in this City is under question? You couldn't run a business like that. I would hope that we proceed, hear the other parts of the budget and then stipulate a time to deal with this particular part, if that's your wish. But for God's sake, don't penalize all the other departments, or put the City at a standstill. This is not, this Uloesn't make good common sense. And you know, we'd better wake up. We'd better wake up. I'm so afraid, I'm so afraid of what I think I hear and certainly of what I see. Now, I would hope that we will go through the budget, the process, hear all the other people. If you don't want to vote on the Building Department's budget at this point in time, fine. But let me say this about the Building Department. We got burned. listen to this. And I'm not the guy trying to stop nothing. We got burned. I don't know if this Commission realizes this, and I am glad for this opportunity now. We got burned on a permit, a permitting process on the causeway. Do you remember? Help me. Venetian Causeway there by Trinity Cathederal, going over where the Nash Miami Motors where, what's that mans name? Mr. Plummer: Tibor Hollo. Father Gibson: Might. Over on the right hand side as you go across the causeway. I wonder if anybody thinks that all of us are foolish. Listen to this. We have a law here which says, and I don't blame the present director because I don't think this law was passed in his time. But we have a law that says that the architect of a project must certify what the numbers of an apartment complex would be in a certain development. Now hell, if the developer is going to do that for us, why do we need our professional paid staff? Our professional paid staff ought to have the responsbility of certifying to us that this is what those plans call for and is saying. Let me tell you, I intend to raise this question, but I'm going�to raise it now. We shoulnd't ask —do you mean to tell me, you're going to ask you enemy, and that's the way you have to look on the fellow who is developing,, he comes and he says this means we're going to get 22 apartments here. That's the way the law is. He must certify. His architect certifies to us and then we go on the assumption that he is telling the truth. Do you remember that big squabble we had about that thing? I voted to give that man that permit. Do you know why? Because if I was foolish enough to vote for such a law that would let the developer put a gun to my head, I know I was a fool at that time and I don't need to be a fool any longer. It seems to me that we need to change that. And I would hate to see the budget process being held up waiting for the Building Department to get its act together. I want to say, Mr. Lacasa, there are several things about the Building Department that need to be scrutinized. Several things. And I have no problem with scrutinzing. Do you know what Truman used to say? If you can't stand the heat get out of the kitchen. Now if the people in the Building Department have a good reasonable excuse for what is, fine. If they don't have, you heard what those tax payers said to us earlier to night? Did you hear what they said to us earlier tonight? And let me say, the man who heads the Building Department I like. I have nothing against him. But I will not sit here. I want to make sure everybody understands. I will not sit here and hold up the budgetary process because of any one department. You don't have my vote to do that. If I ran the church I serve that way, you know what would happen? It would go on the rock. It would go on the rock. I urge the members of this Commission to start... the words of Saint Paul go something like this: yourselves like men. This is a darn shame and a disgrace. Really. That we would hold up all the other departments budget because we don't like what's happening in the Building Department. This is wy counueitt. Fly breti t:rcn', you 181 , Pather dibaoti (dontinuW ! can't tell me that an investigation is necess"Y6 How many of you remember when Joe Grassie was here? When Joe Grassie was here Joe Grassie put that department under, was it Vince Grimm? Who way' like the liaison man of the Building Department to Joe Grassie or did they. report directly to him? Somebody help me.' Mr. Gary: Vice Grimm for a while. Father Gibson: Vince. I thought it was Vince Grimm. And everybody telling me, no no no. See, nobody wants to stand the heat. Vicce, that department was put under Vince Grimm as an Assistant Manager. Okay? All the present Manager did is to put it under the Fire Department. Vince Grimm was...Joe Grassie was insistent upon an investigation when he was here, so what's the difference? What is the difference? What do we have to hide? What are we running for? I just say that for God's sake, not for my sake, proceed. Otherwise, here's what you're going to do. At the last minute, you're going to have 2, 3, 4 special meetings. And I want to tell all of you now that Theodore Gibson isn't going to come to any special meetings. I am at the regular meetings that have been designated for the purpose of running the City's business. And I'm here to do the business. Now, I don't know what the rest of you are here for, but I'll tell you, I'll tell you, all you have to....read this paper. This is the night edition of the paper. I just hope you'll get a chance to read this, and I hope the paper doesn't pick up the story that might probably come out of this discussion we're having and have it in the paper tomorrow morning. Gentlemen, I urge you, I urge you. And I don't see why we have to you know, have an exception to these departments. Hey man, Truman says you can't stand the heat in the kitchen, get out. That's the way it ought to be. Mr. Carollo: Unfortunately, Truman ain't here. Father Gibson: Yeah, Truman may not be here but I am a. recipient of some of his teaching and philosophy. Mr. Lacasa: Father, I understand what you are saying. I am the very first to be very sorry that this situation happens. But there are many unsolved questions here. You take, for instance, these figures that have been submitted to us and you will see that in effect we experienced in the average residences in the City of Miami a decrease of $1.00 but that decrease is not because we are decreasing taxes. That decrease is because the advantage that the State Legislature gave to the homeowners of the State of Florida of increasing the Homestead Exemption from $15,000 a year to $20,000 a year in an effort to help fight inflation is being swallowed at this particular time by taxes. 04 EP 101981 vWegayjj�,q��a' So, actually, yes, we are increasing taxes. So, as you can see there are several questions that we need to answer and the only one that can answer those questions is the City Manager and the staff and when the City Manager refuses to share with us and the members of the City Commission, who after all are the ones that have to answer to the public, which is the one that put us here and the one that they are addressing here tonight, I didn't see any one of the persons that spoke here tonight addressing the City Manager. They address the City Commission because we are the one responsible to them. So, if I am going to be responsible to you, at least, at the very least, I need to know what the score is. And since the one that can tell me what the score is, is the'City Manager, I have to ask the City Manager and since the City Manager does not answer my question, then I cannot assume the responsibility and that is exactly what I am doing. Rev. Gibson: Let me ask you this. If you were making an investigation, Mr. Lacasa, you are a lawyer, ok? If you were making an investigation, you mean to tell me... you know what they teach you in law school and the law school you went to isn't any different to the one I went to. If you were making an investigation, you mean to tell me you would... that your position would be the one you now hold and that... if the Manager tells you he is making an investigation... Grassie was making one. Now, and you mean to tell me you want the Manager to tell you before the investigation is completed that, what his strategy is? Come on, Man, you know better than that. Mr. Lacasa: Father, then as they say in music, we have to increase the tempo. So, here we go again, and I will continue to increase the tempo as needed and I am trying to keep it as low as possible, but since questions continues to come, then I have to increase the tempo. Now, let's go into the... Rev. Gibson: I will increase it with you. Mr. Lacasa: Ok. Now,.... Rev. Gibson: I don't mind that. Mr. Lacasa: Ok. Let's go now into the question that you have recent... the question of the investigation. The investigation has nothing to do with the overall plans of the City Manager, concerning the two departments. The investigation to which Commissioner Gibson refers to, I assume will be the investigation of City Department personnel... personnel in the Zoning and Building Department that are being under investigation and this is a well-known fact. I don't care about the personalities involved and we are not discussing here, Mr. "W', at a given department or at a given place. What we are discussing here and the only question that I am asking the City Manager is not to disclose who he is investigating or who is being accused of any wrong doing. The only question that I am asking is, from an Administration standpoint of view, what are his plans? The budget of the City of Miami, which we are supposed to approve in principle today here calls for allocations of funds of the City of Miami to different departments based on the Administrative structure of this department. Not on the names of the persons that are going to be assigned to the different jobs. So, here it is not a question of Mr. So and So, here is strictly a question of who assumes responsibility for what? Who is the one that is going to supervise the plight of the City of Miami from the financial standpoint of view, which is construction? The Building and Zoning Department for your information is, I think, one of two departments in the City of Miami that is self-substaining from the fiscal standpoint of view. The Building and Zoning Department turns over to the general fund of the City revenues made by that particular department that are surplus after the expenses that the department goes into in its particular budget. So, it's a basic department for the City of Miami. I am going to stop it right here, if need to be, I will have to enter afterwards into the discussion about the ethnic politics that are being played, also, here , which at this particular time I would rather not get into, because as I said before, I am in a very constructive mood, in a very harmonious mood looking for a solution not to create problems and create irritation between the members of the staff. But if need be I shall also enter into a lengthy discussion about that particular and very sensitive point. So, to go back to my previous, I feel that the City will be served well if we were to know what the score is, if we were to know... because we are only after all the responsible people for the City, what is what our Manager intends to do in the next fiscal year with these two departments? It's very simple. f Very simple. What are the plans if we are the City bosses and we are supposed to the very least ... we have the right to know, is what the plans are for the administration of the City we are responsible for. That's all. Rev. Gibson: Let me ask two questions of you, Mr. Lacasa. Don't let's talk about.. I'm with you. Don't let's talk about the ethnic composition, because if that is the case, you can't ever start hurting as bad as I, nor have you been hurting as long as I have. Ok? If I was born and reared in the hurt process and you just got here... so, you know I have been hurt all my life. So, don't let's deal with that now, Man, because I could just... you know... Now, wouldn't it make sense, if we are going to be impartial and not hold a gun to anybody's head, why don't you say that the budget... pass a motion that the budget of the Building Department must remain the same until such time as. Hey, look, Man, I don't want to deal with this, because I have been Black all my life and I have always suffered. You just got here and you don't... you don't... look, I don't want to get into that now. He is bring this to me, you know, as if I... you know, you are not going to convince me, because Gibson has been in this thing all his life and I spent 1954 to 1964, ten best years of my life, leading this community. And I want you to know in the ten years I have never developed the reputation of destroying this City. Anybody could tell you that. And I'm saying to you, don't let's deal with that, now, because Man, Man I will just eat you up. But the second thing is if you are going to be impartial and do what you are implying, why don't you make a motion that the Building Department not be a part at this time of the budget hearing and I will buy that and all, should the figure be decreased. I will buy that, but for God's sake let's go on with the other work and get it going. Mr., Lacasa: Father, if what you mean is, that we can set the millage rate at this particular time inferior to the one that is being proposed by the Administrati, at this point taken into consideration these factors that we are discussing, let the Manager, then come with a new figure for the millage rate and I might entertain that. I might entertain your suggestion. So, Mr. Manager, if you want to come with a new figure which will take these two departments out of it and you find away that we can do that, I don't know how, I am glad to do it. Just... — Mr. Gary: You can't do that by law. Mr. Lacasa: If we cannot do it, then I have to go back to my position. I want to know what the score is. If I don't know what the score is, I don't vote on this. Mr. Plummer: Well, can I try and make peace here or... Rev. Gibson: I hope you cai. That's what I was trying to do. Mr. Plummer: Well, maybe I'm not trying to make peace, maybe I'm trying to get a compromise so we can all get the hell out of here and go home. Mr. Lacasa, my suggestion to you, sir, and I understand where you are and what you are trying to accomplish and I will have my say in that matter at the appropriate time. What I would suggest, Mr. Lacasa, is that the Manager has proferedi a millage, tentative millage and that you simply vote against that profer of the Manager and if two other people seem to concur in the manner which you concur, then Mr. Gary, is going to burn some midnight oil. And if it passes, it passes. But Mr. Lacasa, I think the City Attorney would have to tell you that you cannot abstain from voting. Mr. Lacasa: I am not abstaining from voting. I am just tabling the question and we can continue discussing on this. For example, Mr. Plummer, let me tell you this so the people here understand that we are discussing situations here... and as I said before, we will continue to increase the tempo as needed. The Mayor, the other day came out with a very good idea. Let me give you this scenario. The City of Miami, as we all know is... Mr. Carollo: Excuse me, Commissioner, if I just may interrupt you for a second. I really prefer if you used another expression, because with that newspaper they put our three pictures and me playing the guitar makes me wonder, you know. Mr. Lacasa: To put your mind at ease, I didn't have anything to do with that. I also, was criticized on that paper. At any rate, going back to this, the Mayor the other day came with a very valuable suggestion. We do have a tremendous problem of crime in the City of Miami. We only have one major facility where the police of the City of Miami stays and that is at the new �r { 184 building of the Police Department. All of the police effort is concentrated there and from there it goes to wherever it's needed, being on regular assignments or on emergency assignments. We do have a different situation with the Fire Department. With the Fire Department we do have spead all over the City on strategic locations substations on almost every neighborhood in the City of Miami. So, imagine the advantages of having police headquarters at those substations. The availability of policemen on the immediate area. The concept of the police precinct coming to our neighborhoods where we will have our police three, four blocks away at any given time. More than that, one of the questions that has continuously been raised has been the fact that the Police Department has to assign a number of police officers to bureaucratic activities, those taking those police officers from their duty in the street. On the other hand, we have fire fighters on duty twenty-four hours a day, that thanks heaven, most of the time don't have anything to do, but to wait for that emergency call. If we could merge those two bodies together and have the fire fighters at those substations doing the bureaucratic activities and the policemen doing the policemen duty, we will multiply the police effort in the streets of the City, thus, helping fighting crime. So, this is just an over simplification and I want to stress that this is just a thought, it's not even mine, the credit belongs to the Mayor and he was the one who stated that. But it's just an over simplification of the many things that we could do with an appropriate management of our budget and of our administrative structure and this is what we are discussing. The budget which is the result of the adminstrative structuring of the City of Miami. Mayor Ferre: Alright, anybody else want to make anymore statements into the record. Mr. Carollo: Yes, Mr. Mayor, I would like to make a motion to defer. Mr. Lacasa: I second the motion. I already made it, you were not here. I second the motion. Mayor Ferre: There is a motion that the adoption of a tentative millage rate be deferred. Mr. City Attorney? Mr. Knox? Mr. Knox: Yes, sir. Mayor Ferre: George, for the record, the law... there is a State Law that says that the millage shall be in such and such and we don't by such and such, what happens? Tell us what the law says. Mr. Knox: My assistant will respond to that. He is familiar with the T.R.I.M. Law. Mr. Gary: I am his assistant. Mr. Mayor and members of the City Commission, according to the Trim Bill, the City Commission has to adopt a tentative millage rate tonight. Mayor Ferre: Tonight? Mr. Plummer: Why tonight? Mr. Gary: First reading in the budget. It's the T.R.I.M. Bill. 14r. t.acAsa: Where does it say that? Could you give me the body of law that states that on September 10, 1981, we do have to do that. Mayor Ferre: It does say that. Mr. Gary: It doesn't say a date. Mayor Ferre: No, no and I will tell you how it says a date. It says "There shall be... not there will... There shall be a public hearing forty-five days or such and such from such and such a day. And there shall be a second public hearing and you know... Mr. Plummer: But we have complied with that. We have had the public hearing. Mayor Ferre: And you shall adopt a millage for this City on this day on first reading. Now, you can always change your mind. You can vote against it the second time around. You can change the millage. You can do that. You can say... JQW SEP 1 0 1981 Mr. Lacasa: But you see, Mr. Mayor, I want.... Mr. Plummer: Well, wait a minute, wait a minute. Excuse me, Mt. Lacasai may I ask a question? Mt. Lacasa: Yes, sir. Mr. Plummer: Mr. City Attorney, are you saying that a motion to defer is not in order? Mr. Knox: I will check the State Statute and refer to it concerning the precise requirements. Mayor Ferre: Ok, why don't y y you do that and we will take a five minute break now, while you do the research, because I will tell you, I will tellyou... and I will tell you where I stand on this, ok? I want to put it on the record. It is my opinion that we must vote on first reading and I am going to vote for it. Now, I have a lot of problems that have to be clarified and I'm willing to clarify those problems before the final vote which is going to be September 24th, but this is not the time or the place to do that. It must be before September 24th. Ok? NOTE: AT THIS TIME THE CITY COMMISSION TOOK A BRIEF RECESS. Mayor Ferre: Alright, Mr. Knox? Mr. Knox: Yes, sir. Mayor Ferre: Would you get us the law and then I want to make a statement? Mr. Knox: Yes, sir. Mayor Ferre: Proceed., Mr. Knox: Chapter 200 of the Florida Statutes provides that the governing body of each taxing authority shall hold a public hearing on the tentative budget and proposed millage rate. Importantly, prior to the conclusion of the hearing the governing body of the taxing authority shall amend the tentative budget as it sees fit adopt the amended tentative budget, recompute its proposed millage rate and publicly announce the percent, if any, by which the recommended proposed millage rate exceeds the roll back rate, etc. Prior to the conclusion of this hearing the State Law requires that the tentative budget be adopted and the tentative millage rate be established. Mayor Ferre: Alright, sir. Now, if I may, as I said, I wanted to make a statement and now this is the time that I wish to make... and who took my book? Ok, Mr. Knox, it doesn't say whether or not legally we have to adopt the budget first or whether or not we adopt the millage. We have to do the millage first? Alright, let me see if I can get to the bottom of the controversy with Mr. Lacasa and see if I can find a solution for it. Now, Mr. Gary? Mr. Gary: Yes, sir. Mayor Ferre: Mr. Lacasa, this deals with your issue. Mr. Lacasa, this deals with your issue. Your concerns, sir, is that the Manager is going to transfer the Building Department under the Fire Department? Mr. Lacasa: That is one of my concerns. One of them. Mayor Ferre: The second concern that you have, also, in reference to the Building Department, is that correct? Mr. Lacasa: I have more in reference to certain other things... Mayor Ferre: But the main issue that is at hand here is the question of the Building Department, is that correct? Mr. Lacasa: One of the main, yes. Mayor Ferre: Now, the total budget that is before us... I'm trying to get to the summary sheet. Budget summaries. The... where is the summary? Is it 13? Appropriation summary, ok? The appropriation summary which is in page 13 as proposed is a hundred... where... I have a hundred fort y-eix, rEP n Meru is... Oh, here it is. Alright, requested 1981-82 general funds, page l8j a hundred thirty-eight million eight hundred thirty-eight thousand three hundred fifty. Is that correct? Now, in that total the department in question is two million zero seventy-six: Is that correct? Mr. Gary, Yes, sir. Mayor Ferre: Now, is it legally possible for us to adopt a budget... Mr. Lacasa: Excuse me, Mr. Mayor, departments in question. That and Fire. Mayor Ferre: Ok, how much is the Fire Department? Mr. Gary: Twenty-eight million approximately. Twenty seven million eight hundred thirty-five one forty-five. Mr. Lacasa: So, both together are roughly about thirty to thrity-one million dollars. Mr. Gary: Thirty million. Mr. Lacasa: Which is about... roughly about, would you say, about twenty-two percent of the total budget? Mr. Gary: It's close. Mayor Ferre: Alright, can we adopt, just for argument sake a budget that would exclude those two departments? Mr. Gary: No, sir. Mayor Ferre: Legally, we can't do that. Mr. Gary: By Charter and by Code, you have certain responsibilities you have to provide under both departments and that would not be legal. I will stand corrected by the lawyer. Rev. Gibson: May I ask a question? Mayor Ferre: Well, let me... excuse me, Father, I'm just trying to figure out a way out of this quagmire that we are in, in this puzzle now. Can we adopt the millage without adopting the budget? Mr. Gary: No, sir. Mayor Ferre: No, we can't do that. So, as we adopt the millage we have to adopt the budget, too... the tentative budget? Mr. Gary: Yes, sir. Mayor Ferre: Well, what happens if this Commission breaks today without the adoption of a budget? There is a motion on the floor, you know, that Carollo made which we are trying to... which has been seconded by Lacasa and we are trying to get a legal... No. Mr. Carollp: Plummer, I think... Mayor Ferre: No, it was Lacasa... Alright, now, that is going to have as I understand it, three votes tonight the way it's going. Mr. Carollo: Mr. Mayor, frankly, I haven't had the opportunity to go over this whole budget like it deserves to beI think we have had some many other items of importances too, that were coming right up, that frankly, sir, I haven't had the opportunity and I think it's a duty and responsibility that I have to go over this budget carefully before making a decision on it. Mayor Ferre: I got no problems with that, Joe. No, problems on that. My only problem is the law, so if you would clarify... the problem is that we have a hiatus here and the point is that there is a motion to defer seconded and it has a third vote, but evidentially, that is illegal. 187 Mr. Catollos i just want to leave here in the next ten minutes if we eauld. Mayor P'etre: Where are we, Mr. Knox, legally? Mr. Xhbx: The legal difficulty is that the language of the statute appears .to be mandatory and that is within seventy-five days after the certification of value by the property appraiser, the City Commission shall... the language is that "It shall establish a millage and adopt a tentative budget.y: Mayor Ferre: Well, what happens if we don't? Besides violating the law. _ P1Wmner: Well, can I ask a question? You know, since we can adopt any Lentative budget we want and it doesn't really bind us and we can adopt whatever want at the next hearing, is that correct? Mayor Ferre: That's correct? Alright, now, do it, Plummer. Go ahead and make your motion. Mr. Plummer: Give me your percentage of the millage that you are asking for now, Mr. Manohar Surana? .Mr. Lacasa: 10.91. Mayor Ferre: Now, you have to get the debt structure out of it. Let me make something clear for the record and Bill Jgeebre was asking me that question and I want to make sure that we understand this properly. Now, in this chart here you will see that the 4ottpm line shows a reduction, but the fact is that in the general millage there is a twenty percent increase. There is no question about it. Now, there is a thirty-one percent decrease in the debt millage which nets out. Mr. Surana: 9.2 and 1.717, total 10.917. Mr. Plummer: What is it that you are asking us... the tentative millage you are asking us to adopt tonight? Mr. Surana: 10.917 . Mr. Plummer: 10.917. Mayor Ferre: J. L., you Dave got to take out of that the debt, because that you can't fool around with. Mr. Plummer: No, no, now that isn't what I'm told. We can adopt any tentative budget we want tonight. Mayor Ferre: No, sir. No, sir. The point is this, that, that 10.917 includes debt service. You cannot and I repeat, not, fool around with that. Now, you can fool around with the rest of it. Mr. Plummer: Ok, what is it without the debt service? Mr. Surana: 9.2. Mr. Plummer: 9.2. Mayor Ferre: That's what you are dealing with. Mr. Carollo: Well, let's adopt 9.2 for meantime. Mayor Ferre: What was it last year? Mr. Surana: 9.036. Mayor Ferre: 9.036. Mr. Surana: Right. Mayor Ferre: The general? ,Mr. Surana: Yes. SEP 10198i a8ai 9.06 7 Mr,► Sutana: Yes, Mayor Ferret Last year. Mr, Lacasa: Soo actually, what you are telling no... I can see an intrebtS now* here what I did not see before. I can see an increase here, because the debt service is the debt service? Mr. Surana: Yes. Mr. Lacasa: But now what I can see is that we are going up from 9.036 to 9.2 which means an increase of 1.64 to be exact. Mr. Suranat Yes. Mayor Ferret Which is twenty percent. Mr. Gary: No, it's not 1.64. Mr. Lacasa: We have been.saying all along tonight here that we are not increasing the millage, we are. Mr. Gary: Mr. Mayor? Mayor Ferret No, no, the net is not being increased. Which is what the statement "Please do not misinterpret... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) k v" " Mayor Ferret The statement that was made, Mr. Lacasa, which you accepted at that time and which you heard and very clearly and let's not misunderstand, is that the net millage is not going up. Now, that takes into account that we have reduced our debt. Now, the actual millage of the general budget, which is what Plummer is now dealing with is proposed to go from a 9.03... Is that correct? Mr. Surana: Right, 9.036. Mayor Ferret To a 9.2? Mr. Surana: Yes. Mr. Lacasa: To me that is an increase, because if we have been able to reduce the City debt with the taxpayers money, they are the ones who should benefit from the resulting impact of the decrease and if we are talking about increase or not increase the rest is semantics. This is an increase. Mayor Ferret Alright,... Mr. Carollo: Mr. Mayor? Mayor Ferret Alright, Commissioner Carollo. Mr. Carollo: Thank you, sir. If I may so we could end this for tonight. I would like to adopt the millage rate that we had last year. That's my motion. Mayor Ferret Which is what? 9.036.? Mr. Carollo: 9.036. Mayor Ferret Alright, now, by doing that I assume that you dropped your previous motion? Mr. Carollo: Yes, sir, I was told that it was illegal. Correct? Mayor Ferret Ok. Now, is there a second to that? I think... and I would recommend that we do second this so we can get on and comply with the law and that gives us until September 24th to figure the rest of it. Is there a second to that motion? 4t. t,acasas I am thinking that on the same lines of Commissioner Catollo about the setting of a reduced millage rate... Mayor Ferre: Are you seconding the motion? Mr. Lacasa: ... but I think that we can do a little bit better than that+ do have the concerns, I do have the concerns about the restructuring of th8 _ adrAinistation of the City and I think that we can do better with real good planning. Commissioner Plummer, was talking about a reduction of ten percent ut and I am more inclined to go along those lines of setting the millage at this particular point... Lyor Ferre: Alright, what we have before us and we all understand that what ara doing here is not entirely and finally significant, because that it is only significant when it is finally adopted in the second hearing. So, what_ we are doing here is frankly, going home and getting out of here and I will ask one more time. Is there a second to the motion that the millage for the general budget be set at 9.0367 Mr. Carollo: Which is what we had last year? Mayor Ferre: Which is what we had last year. Mr. Plummer: Well, Mr. Mayor, let me tell you what my problem is. I asked of the Administration over thirty days ago to furnish to me a position paper on what a ten percent reduction across the board would be and I have yet to see that paper and I am still waiting and I want to tell you I'm going to vote "no" on everything until I see that paper. Mayor Ferre: Ok, this is the third and the last time... Alright, Father? Rev. Gibson: Mr. Mayor, let me make sure I am understanding what we are doing. If when we come at the next meeting we through investigation we find that we must increase this figure... Mayor Ferre: Or decrease it. Rev. Gibson: Or decrease it. Can we do it at that second reading and not violate the law? IMr. Gary: No, sir. Mayor Ferre: Is that correct? Mr. Gary: Mr. Mayor, if you adopt a millage rate less than 9.2, the second meeting you cannot go up. Now, let me tell you what that means. That means that you in effect will be cutting out 10.7 million dollars from the budget as of this date and when September 24th comes around you cannot go back up to that amount. M;. Lacasa: Well, Mr. Manager, the only change that we might have to make in the budget is to buy a bow tie to Howard Gary who is looking like Joe Grassie by now. As far as those positions. (COMMENTS NOT ON PUBLIC RECORD) Mayor Ferre: I would plead with this Commission that we handle this with a great sense of responsibility and I think that there is plenty of time, if it is the will of this Commission on the 24th to reduce. If we do not do this today, in effect, you are condemning the City of Miami and if you are willing to make that value judgement at this time, I think it--- please, forgive me--- I do not think that is responsible. Mr. Lacasa: Let's put the burden where the burden is, Mr. Mayor. The burden is at this particular time -not on the shoulders of the City Commission, but on that of the City Manager. It is up to the City Manager to disclose his problems, it is up to the City Manager to candidly discuss with the City Commission if he wants a budget and he wants a millage what he wants to do. So that is where the burden is, not here. Mayor Ferre: Well, there it is. Well, we are now at an impasse. (COMMENTS OFF THE PUBLIC RECORD) Rev. Gibson: Mr. Mayor, let me ask you another question. Can you adopt what is being proposed and then reduce? Mayor Ferre: Yes, you can and that's what I recommend that we do. I am recommending that you adopt that what is being proposed here and that at the September 24th meeting it is up to three members of this Commission to snake that decision. Rev. Gibson: Mr. Manager and Mr. Attorney, I heard what the Mayor said. My brethren, I am asking specifically, you two men a question. Mayor Ferre: Mr. Knox? Mr. Knox: Yes, sir. Rev. Gibson: An answer in the record, each of you. Am I to understand that if we adopt what you proposed we can reduce later on, but what you are saying that we cannot increase? Mr. Gary: Yes, sir, and I would like to correct their figures, not ten million dollars, it's one million dollars, by 1.2 million dollars. Rev. Gibson: Alright, let me add... Counsel, are you telling me we could adopt one figure which is more than we had last year and that the next meeting we can reduce... we can adopt a budget that is less than we are agreeing to adopt tonight and we would not be in violation? Mr. Knox: Yes, sir. Rev. Gibson: Gentlemen, Mr. Mayor and Mr. Lacasa, Mr. Plummer and Mr. Carollo, it would appear to me that good common sense should prevail as we adopt the proposed figure tonight and that we would live within the requirement of the law--- this way we can eat our cake and have it, so that by the time we come to the next meeting we could iron out any and all difficulties that we have upon us tonight. And we would... it would make sense. Mr. Lacasa: Father, I can appreciate your effort, but besides that I have a commitment and that is that I was not going to vote for any increase in taxes and that is what I am going to do. I am not going to vote for any increase in taxes and the proposed millage involves an increase in taxes. Rev. Gibson: Well, let me ask... Alright, let me ask a couple of questions. My Brethren how do you propose to keep up--- I'm a slow learner and I like to be helped or aided. How do you propose to keep up with the increased cost of living if you are not going to increase this millage, pay your personnel more money, stay within the ball game of the job market. I would hope we would not mislead our people, not that we are trying to mislead them, but I think people need to understand that what you were able to buy for a dollar a year ago--- you know that--- that you cannot buy any longer for a dollar. You can't do it and the government can't do it. And yet, I hear you always insisting and demanding upon us that we give you more service. I'm a taxpayer just like you. I do not want my taxes increased, but I also understand that there are no free lunches. I would hope there would be enough of us who will... Mayor Ferre: Let me go on the record saying that I totally subscribe to what Father Gibson has said, ok? Now, it seems to me that it is obvious that it is you and I, the rest of the Commission does not concur with our position and therefore, I think to expedite matters I will again, recognize Commissioner Carollo for the purposes of making the motion he previously made. Mr. Carollo: Mr. Mayor, I again, make the motion I previously made that we adopt the millage rate we had last year of 9.036. Is that correct, Mr. Manager? Mr. Gary: Yes, sir. Mayor Ferre: Is there a second? Mr. Lacasa: Mr. Mayor, I will second the motion basically, because the City 191 SEP 10 1981 Attorney has informed me that it will be a violation of the law not to set the millage today. Otherwise, I wouldn't have voted. But at this particular point and living in accordance to a commitment made to this community that we were not going to increase taxes, I am seconding Commissioner Carollo's motion of keeping the tax, millage rate at the same level of last year. Mayor Ferre: Alright, is there further discussion? Rev. Gibson: Let me ask... Mayor Ferre: Alright, Father? Pev. Gibson: I want to ask a question. Alright, but I want to get this n the record. You know, what disturbs me, where is the man who is in charge of the Building Department. Sir, come to the mike before I cast this vote. Increasingly building in this community is becoming more crucial. Meaning that we are going up higher and therefore, we need more professional expertise. UNIDENTIFIED SPEAKER: Yes, sir. Rev. Gibson: Alright, if I am right, isn't it true that we will be according to this budget reducing the number of people in the Building Department? Say if we adopt the budget the millage that we had last year based on the increased cost of living or expense, isn't it the recommendation that we have before us to reduce the number of people in your present department? UNIDENTIFIED SPEAKER: Yes, it is a reduction of ten people which is about fourteen percent of our force. Rev. Gibson: Alright, before I vote I want to make sure and understand, ladies and gentlemen, building in this community is very crucial. You see, what happened out in Las Vegas, you know when that happened everybody said "Oh, Lord, isn't that awful". And we were... I think, some of us were saying "Thank God for the way we do business or we build or the requirements we have in building in Miami. Note, we are going up higher now than we ever went up before and I hope if we adopt this millage which was the same as last year, that we understand that this man will have ten people less. That bothers me. It troubles me. Aren't you making it impossible for him to be more productive and efficient. This bothers me. And when... of all the things, the three things we ought to for the sake of the people of this community and our safety, we ought to make sure that the Building Department is not short changed and we ought to make sure that with these high buildings we are constructing that the Fire Department is not unable to get up to these stories and we ought to make sure that we ought to have police around, we may not have all we need, but an increase because of the amount of crime, you know. I just hope, I just hope... Alright. Mayor Ferre: Father, I completely agree with that statement and I certainly on th* public record would when the time comes on the 24th to vote will vote along that vein. Now, is there further discussion? Alright, Mr. Adams, what we are doing here is there is a motion to adopt a millage. It is a lower millage than what was proposed. It will cut the budget. We will discuss all of the items again on the 24th and I think we have gotten to a point now where we need to move along and I will recognize you, sir, to discuss these openly on the 24th. Alright, call the roll now. ON ROLL CALL: Mr. Lacasa: I vote "yes" and in voting "yes" I want to put your mind at ease. If there are going to be cuts on account of this cut I certainly am not going to vote for any cuts in the lower paid personnel. If we are going to look for savings, we are going to look for savings else where, but not in the ten thousand or fifteen thousand dollar individuals that renders their service to the City. Rev. Gibson: I'm going to vote "no". I just think the millage ought to be raised and that we ought to be pretty sure that the Building Department gets the number of people that it ought to have and that I think we need to say to our people forthrightly, up front, Brethren, it cost more to live. I live knowing fully well that when I appropriate the money to run the house I live in now that my wife cannot even feed the two of us on the figure that this year that she fed us on last year and I cannot in good conscience vote to decrease that millage. 192 Mayor Ferre: This is a two to two vote and obviously, the Chair, then has the deciding vote. Let me explain that I, too concur with Father Gibson and say so openly and publicly and have no fear of doing it, because I do it With a belief that this is the right thing to do. However, I am voting on the affirmative in this particular matter from a pragmatic and practical point of view. A 9.036 millage which is the same millage that this Commission adopted last year is the best that we evidentially can do tonight. It is the same millage as last year. I think the difference... I think that what Commissioner Lacasa has accomplished tonight and with the motion that was made by Commissioner Carollo originally and therefore, was a practical approach on Commissioner Carollo to solve the impasse which we had reached is not what I would have liked, but certainly I think it is an effective compromise. I realize that there is a deep yearning on the part of the citizens that have. ...the fortv or so that were here tonight and the fourteen that spoke out, that there is an interest in most of the members of impact which I recognize and respect that were organized by you, Janet and others who were involved in impact, that there is a concern... I think it is meaningful and I wish to put on the record and point out that of the three tax bills that we just unilaterally and arbitrarily of the fourteen speakers analyzed, two of them in effect, had a tax reduction anu only one really had a tax increase, but nevertheless... and that... the record stands clear on that. Nevertheless, I think what Commissioner Carollo and what Commissioner Lacasa have accomplished tonight is a good compromise and I accept it and I vote with it. Mr. Plummer: Mr. Mayor, for the record, I in the opposite of Father Gibson, I voted against the motion because I think we can still reduce even further... (AT THIS POINT THERE WAS DIFFICULTY WITH ONE OF THE MICROPHONES). Mr. Mayor, I make this speech every year at budget time and I'm going to continue to make it because I think it's right. I don't agree with Father Gibson, nor Mr. Salaman and I will just use that as the one example. I think this Commission can reduce taxes, reset it's priorities,... Mr. Salaman, could in fact or that Department could come out with fifteen or sixteen more people. I don't think it's necessary that a department has a tremendous amount of bending it can do or cannot do. I tried to accomplish last year through the budget procedure a hiring freeze and it did have some affect. It got rid of one temporary manager. I think if this Commission does not sit down and go through department by department and reset the priorities that we are derelict in our duties. When I look at different departments and I see duplication after duplication after duplication, I can't buy it. I can't buy it. When I see One man out there and I have used this story because it's a true story. We plant one tree in front of City Hall and everyday I watched ten people sent there on a City truck to water the tree. One holding the hose and nine supervising. Now, I want to tell you, that is the exception and I don't deny that at all. Mayor Ferre: I would like to know exactly when you saw that picture, because I... Mr. Plummer: It was not a picture, it was right outside my window, Mr. Mayor. Mayor Ferre: Did you go rgport it to the Manager? Mr. Plummer: I did. Mayor Ferre: And the Manager didn't do anything about it? Mr. Plummer: He did. But I had to report it. (COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: I still say to you, I will continue. Mr. Gary, sir, I have asked thirty days ago for a paper showing a ten percent reduction in each and every department. That was a motion made at this Commission, it passed and I have not received it, sir. I an saying to you again, that there are people who have got to understand and this Commission included, that if we intend to hold the line on taxes, yes, there are some people who are going to be hurt and there are some programs that are going to have take a setback, but I think the time is long past due, that we have got to reset the priorities of this City and it's departments. I don't think that we can enjoy some of the luxuries that we are enjoying today. Mr. Mayor, I concurred with you when you said we got to get more policemen out of that station and on to 1 the street. I couldn't agree with you more. Where we fall apart is nobody wants to shoulder up to the wheel to spend the money to civilianize that that Police Deparrtment in areas that it could be done. There are a ldt o areas that will have to take a setback. There is a lot of programs that are going to have to take a setback. For us to sit here tonight and try to adopt any budget to me is ludicrous. One of the biggest items of budget had not yet been decide. Two of the longest unions have not yet come to a negotiation, And whatever that negotiation is beyond what is projected in this budget each percent above that is six hundred thousand dollars. Now, I'm saying to you that we have just got to take the time to reset priorities. I will continue to say it. Mayor Ferre: Just for... I don't mean to J. L., to you know, get into a _ big argument about all of this. I know that you have spent a great deal of time as you always do reading the budget and going over it. I want to tell you that I have. The other day I sat through two full days of hearings going department by department, issue by issue, ok. And I just want to say that you know, we have all, we have all gone through this process. This is not 4 the first time. This is the eighth budget that I have been through along with you and I think we have got to be careful that we don't paint ourselves into a corner. I think that we have now reduced the hundred thirty-eight milli-n dollar budget somewhat on first reading and that we have to be very careful, because we do not know what the negotiations are going to bring. Mr. Plummer: Well, Mr. Mayor, I appreciate your comments, but I have to remind you, because I sat through one of those days with you, that sitting through those workshop sessions didn't realize a cut. None. It did not realize the resetting any priorities. All I'm saying to you Mr..Mayor, is that we have got to take somewhere along the line and go through these budgets department by department and say "Hey, you can no longer have six secretaries, you have got to cut to five. You can no longer have fourteen people pushing brooms, you have got to cut to twelve." And then if you do that you can turn around to the Building Department and say "Hey, we are going to increase you because of the tremendous increase of construction by fifteen people." Not cut. And I'm not speaking to Howard's is going to be administer it. But for anybody to sit here and to think for one minute that the department that is probably the most active department because of the construction going on ir1 this community can be cut is crazy. There is no way you can do it. Mayor Ferre: Ok, let's go J. L., it's 12:30. Mr. Plummer: Mr. Mayor, I will continue to fight. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE TENTATIVE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982; CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Mr. Lacasa, Mr. Carollo and Mayor Ferre. NOES: Mr. Plummer and Vice -Mayor Gibson. ABSENT: None. ABSTAINING: 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. 194 SEP 1 01981 i Mayor Ferree Alright, the next thing that we have before us, Mr. Manager, if f'm not mistaken is the adoption of the amended tentative budget and then we have to go back and pass the ordinances being typed up with the new figures. — Mr. Gary: Yes, sir, you have got to publicly announce at this time that the recomputed millage rate is 9.036 and the percentage increase over the roll back ! rate is 13.4 percent. i 1 Mayor Ferre: Alright, sir, thank you. Now, let the record so reflect that I have announced that the millage is 9.036 and that the recomputed proposed millage rate exceeds the rolled back rate by 13.4 percent. It is so stated into the record. Now, you have a tentative budget minus 1.... Mr. Gary: Approximately 1.2. Mayor Ferre: Alright, is that the budget... is there a motion to that to adopt that budget as revised? Mr. Gary: The revised budget is one hundred thirty-seven million seven hundred fifty eight dollars. Mayor Ferre: Alright, is there a motion to that effect? Who wants to move that motion? Mr. Carollo: Move. Mayor Ferre: Alright, Carollo moves. Father, are you going to second that motion on the budget? I will second the motion. I have seconded the motion. Rev. Gibson: Any discussion? Please, call the roll. Mayor Ferre: If we don't adopt a budget here after adopting a millage on first reading we are doing the same thing that we said we were not going to do. So, to be consistent and not to... and to be responsible, if you will pardon the word, we have got to vote on this, because otherwise, we... no, Ma'am, this is not... the public hearing portion is finished. Alright, Mr. Knox or Mr. Clark, would you give us a legal opinion one more time. We must under the law as I understand it and as it was read vote on a budget tonight on first reading. It must be done and it must be consistent with the millage that we have just adopted. (INAUDIBLE, NOT USIND THE MIKE). You have got that right. Is that correct, Mr. Knox? Mr. Knox: Yes, sir, that is correct. Rev. Gibson: Alright, call the roll. Mr. Knox: The Mayor read the ordinance an hour and a half ago. Mayor Ferre: Alright, wait a minute, just so that we don't have any legal problems. (THE MAYOR READ THE ORDINANCE INTO THE PUBLIC RECORD). And let the record reflect that the new total general fund amount is one hundred thirty... Mr. Gary: One hundred thirty-seven million seven hundred thousand seven hundred fifty-eight. Rev. Gibson: Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING TENTATIVE APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982; CONTAINING A REPEALER PROVISION= A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Ferre and passed on its first reading by title by the following vote: AYES: Mr. Carollo, Vice -Mayor Gibson and Mayor Ferre. NOES: Mr. Plummer and Mr. Lacasa. ABSENT: None. ABSTAINING: None. 195 - n �� The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commissioft and to the public. FURTHER DISCUSSION: Mayor Ferre: NOW, gentlemen, I wanted to say on the record again, one more time so that we understand and we don't go around in these crazy Mickey Mouse games that we seem to end up playing around here. For goodness sake you are entitled, you have the right, you have the obligation on the 24th day of September to make any changes that you feel are appropriate. You can reduce ;the budget, you can reduce the millage. Now, you cannot increase the millage after tonight, but you can reduce it further. And it is certainly up to .each and everyone of you to come up with the recommended changes. I would subscribe, Mr. Plummer,... as Mr. Plummer, recommended it, that each one of you spend as much time as you want with the department heads. The Manager --- Mr. Manager?--- will make available to you department heads and people who are involved in the process. You will have the same opportunity. We all have the same opportunity. Please, avail yourself of it. Read the budget ten times and do your job. Mr. Lacasa: I want to know, Mr. Manager, if by the 24th when we come to the conclusion of the budget you will be able by then to discuss candidly with us what the plans are. Can we expect that by then? Mr. Gary: I hope to be able to do that at that time. Mr. Lacasa: So, I have your assurances that by that particular date we will know what will be your final decisions as to the administrative structuring of the City? Mr. Gary: I can't guarantee that you will have my assurances. Mr. Lacasa: Ok, if you cannot guarantee that, Mr. Mayor, so we understand each other well, this vote here will not be ready until the Manager is. Mayor Ferre: Yes, ok, we heard you. 48. MAKE PROVISION FOR HOLDING A NONPARTISAN PRIMARY ELECTION FOR MAYOR AND 2 COMMISSIONERS Mayor Ferre: Alright, who moves Item 28? Mr. Lacasa: Move. Mayor Ferre: Lacasa moves 28, Gibson seconds, this is a resolution making provisions for holding a nonpartisan primary election for the nomination of candidates for the office of Mayor and two Commissioners. Now, further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-775 A RESOLUTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION FOR THE NOMINA- TION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION UNLESS ALL OF SAID ,OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTIONI PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN 196 � SEP 0 1981 GENERAI, ELECTION; D$SCRIBING PERSONS QUALIFIED TO VOTS IN SAID NONPARTISAN PRIMARY ELECTION AND GENERAL ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL MUNICIPAL ELECTION] DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND OF THE PROVISIONS HEREOF; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY HEREOF TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF DADE COUNTY NOT LESS THAN FORTY- FIVE DAYS PRIOR TO THE DATE OF SUCH NONPARTISAN PRIMARY ELECTION. (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: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 49. DECLARE INTENT IN CONNECTION WITH PASSAGE OF ORDINANCE 9296 (REGARDING FIRE FIGHTING BOND ISSUE) Mayor Ferre: Take up Item 33. It is moved by Armando Lacasa. Is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson, further discussion? This is declaring the intent of the City Commission that Ordinance Number 9296 passed on July 23rd be considered as having passed prior to Ordinance Number 9295 which was also passed dealing with the fire fighting and fire prevention rescue facilities. Call the roll, please. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-776 A RESOLUTION DECLARING THE INTENT OF THE CITY COMMISSION THAT ORDINANCE NO. 9296, PASSED ON JULY 23, 1981, BE CONSIDERED AS HAVING PASSED PRIOR TO ORDINANCE NO. 9295 WHICH WAS ALSO PASSED ON JULY 23, 1981, BOTH ORDINANCES BEING RELATED TO THE ISSUANCE OF $21,000,000 FIRE- FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Comariissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. 19'7 ABSENT: Mr. Carollo. �;Y So. AMEND AOMM : PINANCZNG or HOUSING IN THE CITY BEAN "it CITY AND THE COUNTY Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir, Mr. Manager. Mr. Gary: Mr. Mayor, I must tell you that the City Commission authorized the expenditure of funds for housing purposes and we talked about the urgency and the need for housing. Mayor Ferre: Yes, sir. Mr. Gary: Now, in order for Dade County to move forward to spend those funds and have the land to acquired we need Items 17 and 18. Mayor Ferre: Alright, Father, you want to move those? Rev. Gibson: Yes, sir. Mayor Ferre: Father Gibson moves Item 17, Mr. Lacasa seconds Item 17 on housing. Alright; call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-777 A RESOLUTION FURTHER AMENDING THE BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI BY AND BETWEEN DADE COUNTY AND THE CITY OF MIAMI, DATED JULY 19,1976, AS SET FORTH HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa - Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. i qjw SEP 01981 ate- 51. AMEND AGREEMENT: FINANCING OF HOUSING IN THE CITY BETWEEN THE CITY AND THE COUNTY Mayor Ferre: Now, Mr. Lacasa moves Item 18, Father Gibson seconds, further discussion, amending the basic agreement of financing housing in the City between Dade County and the City. Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-778 A RESOLUTION FURTHER AMENDING THE BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI BY AND BETWEEN DADE COUNTY AND THE CITY OF MIAMI, DATED JULY 19, 1976, AS SET FORTH HEREIN. (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 Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 2. AUTHORIZE AGREEMENT: METRO DADE COUNTY FOR SERVICES PROVIDED BY CITY OF MIAMI PLANNING DEPARTMENT (U.M.P.T.A.) Mayor Ferre: Father Gibson moves Item 24, Mr. Lacasa seconds. This is authorizing the Manager to execute an agreement with Metro for services providing the City Planning Department in joint preparation of the documentation requesting the United States Urban Mass Transit Adminstration for money. Gibson moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-779 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METRO DADE COUNTY FOR SERVICES PROVIDED BY CITY OF MIAMI PLANNING DEPARTMENT IN JOINT PREPARATION OF THE DOCUMENTATION REQUESTED BY THE UNITED STATES URBAN MASS TRANSPORTATION ADMINIS- TRATION INCLUDING ENVIRONMENTAL IMPACT STATEMENT IN COMPLIANCE WITH FUNDING COMMIT- MENT FOR THE OVERTOWN URBAN INITIATIVES PROJECT (PRE-CONSTAUCTION PHASE) IN AN AMOUNT NOT TO EXCEED $30,000 FOR THE PERIOD OF JANUARY 2 - SEPTEMBER 30, 1981. 0 x ro77777,r _ 3T Met* folly bbdy of resolution i omitted hate afid file in the Office of the City C16A) tipan being seconded by Commissioner Lacasa, the resolution wee ` ""ad and adopted by the following vote: . Comdesioner Joe Carollo n: Commissioner J. L. Plummer, Jr. - Commissioner Armando Lacasa- Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre Now t done. 53. AUTHORIZE AGREEMENT: DESIGN AND DEVELOPMENT SERVICES FOR OVERTOWN SHOPPING CENTER Mayor Ferre: Now, Gibson moves 24A which is the Overtown Shopping Center and Lacasa seconds, is that right? Mr. Lacasa: Yes, sir. Mayor Ferre: Alright, this is to execute an agreement with M.R. Harrison to provide design and development services for overtown Shopping Center. Now, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-780 A RESOLUTION AUTHORIZING THE OVERTOWN ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO WHICH HAS BEEN NEGOTIATED WITH THE M. R. HARRISON CONSTRUCTION CORPORATION TO PROVIDE DESIGN AND DEVELOPMENT SERVICES FOR THE OVERTOWN SHOPPING CENTER USING FUNDS AVAILABLE FROM THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 54. CLAIM SETTLEMENT: AMOCO OIL COMPANY Mayor Ferre: Alright, Item 36. Alright, this is to settle the claim of Amoco Oil in the case of the City of Miami Versus Florida East Coast for a total sum of seventy thousand five hundred. This is long, long overdue. Who makes that motion? Carollo moves, Plummer seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Caroll3, who moved its adoption: RESOLUTION NO. 81-781 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SETTLE THAT CERTAIN CLAIM FOR RESTITUTION BY AMOCO OIL COMPANY IN THE CASE OF THE CITY OF MIAMI V. FLORIDA EAST COAST RAILWAY COMPANY ET AL., CIRCUIT COURT CASE NO. 71-17071, FOR THE TOTAL SUM OF $70,500 INCLUDING ALL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER, AND INCLUDING INTEREST, ATTORNEY'S FEES, AND COSTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 55. FIRST & SECOND READING ORDINANCE: ESTABLISH PROJECT IX.0 (11) 20 FIREFIGHTING EQUIPMENT Mr. Plummer: Move Item 11. Mayor Ferre: Alright, Item 11 is moved by Plummer. This is the Ordinance... Mr. Plummer: Equipment for the Fire Department. Mayor Ferro: Ok, it's an ordinance... Mr. Lacasa: Second. Mayor Ferro: It's been moved and seconded, read the ordinance, please. Alright, call the roll. .t 201 t - AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO 9199 ADOPTED NOVEMSER 6, 1980, THE CITY'S CAPITAL IMPROVE- MENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81; AS AIM MDi BY APPROPRIATING AN AMOUNT OF $76#200, .,:. FROM THE FY 1981 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS TO ESTABLISH PROJECT IX.C(ii) 20. FIREFIGHTING EQUIPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AMID DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Conmtissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9313 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 56. AWARD BID: FIREFIGHTING EQUIPMENT Mr. Plummer: I move Item 60. Mayor Ferre: Alright, this is the fire equipment for the Fire Department. Now, it's been moved and seconded, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-782 A RESOLUTION ACCEPTING THE BIDS FOR FURNISHING FIRE FIGHTING EQUIPMENT FOR THE DEPARTMENT OF FIRE ON A 0ONTRACT BASIS FOR ONE YEAR AS FOLLOWS; BID OF BISCAYNE FIRE EQUIPMENT CO. AT A COST OF $14,943.051 202 SEP 10 1981 1 7 tilt) OF FIRE FIGHTE;m EQUIPMENT CO. AT A CAST OF $11t062.63t SID OF SANFORD FIRE APPARATUS AT A COST CW $9#492.321 BID OF HALPRIN SUPPLY CO. AT A COST OF $9olSL St AND HUMAT, INC. AT A COST OF $25# 00.001 AT A TOTAL COST OF $76,149.75; ALLOCATING FUNDS THERE- FOR MH THE FLORIDA POKER & LIGHT FRANCHISE FEES: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYESt Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 57. CLAIM SETTLEMENT: MARIA VEGA Mayor Ferre: Alright, this is authorizing the Director of Finance to pay Maria Vega without the addition of liability the sum of $10,041,50 in complete settlement. Mr. Carollo: Move. Mayor Ferret Moved by Carollo, is there a second? Seconded by Lacasa, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-783 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARIA VEGA, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF TEN THOUSAND FORTY-ONE DOLLARS AND 50/100 ($10,041.50) IN FULL AND COMPLETE SETTLE- MENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, AND WOROMIS COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EX- ECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following votes AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferro NOW: mme, 5 F �• 1 � i L 1 ft t .•"�'rim db. f�SCi.E OCi'OBER SgtblQ M8�1MG TO Oc�R � � 1991. = The following resolution was introduced by Commissioner Lacasa, who =: moved its adoptionf - RESOLUTION No. 61-784 A RESOLUTION RESCHEDULING THE REGULAR CITY COWIIS§ION MEETING OP OCTOBER 8, 1981 TO TAKE PLACE ON OCTOBER 7, 1981 AT 9:00 A.M. (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: AYESS Commissioner Joe Carollo C;c mnissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. • rr ITEM NO DOCUMENT IDENTIFICATION 1 CONDOLENCES IN THE DEATH OF MIAMI POLICE OFFICER NATHANIEL BROOM. 2 OPEN -BIDS: AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475—C 3 OPEN BIDS: CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT SR-5476—C 4 FORMALIZING RESOLUTION: NEGOTIATE AGREEMENT WITH . CONVENIENCE AND SAFETY CORPORATION TO PROVIDE BUS SHELTERS WITH AND WITHOUT ADVERTISING AT BUS STOPS '! IN THE CITY. 5 EXECUTE ONE DAY CONCESSION AGREEMENT: PERFORMING 'J ARTS FOR COMMUNITY EDUCATION (PACE) 6 AUTHORIZE CITY MANAGER TO EXPEND FUNDS EARNED FOR -:: THE CONFERENCE CONVENTION CENTER. 7 APPROVE IN PRINCIPLE: FINAL DRAFT REPORT ON CORE AREA WEST PREPARED BY KIMLEY—HORN AND ASSOCIATES, INC. 8 PROVIDE FOR SUBMITTING TO QUALIFIED EL$CTORS EXTENSION AND MODIFICATION OF EXISTING LEASE AGREEMENT RURTY PELICAN RESTAURANT. 9 CALLING AND PROVIDING FOR SPECIAL MUNICIPAL ELECTION 6 NOV. •3 PROPOSED EXTENSION AND MODIFICATION OF si LEASE AGREEMENT RUSTY PELICAN RESTAURANT s' 10 MAKE PRIOVISION FOR HOLDING A NORPARTISAN PRIMARY ELECTION FOR MAYOR AND TWO COMMISSIONERS. f 11 DECLARE INTENT IN CONNECTION WITH PASSAGE OF - ORDINANCE 9296 (REGARDING FIRE FIGHTING BOND ISSUE). 12 AMEND AVREEMENT: FINANCING OF HOUSING IN THE CITY -I BETWEEN THE CITY AND THE COUNTY. I; 13 AMEND AGREEMENT FINANCING OF HOUSING IN THE CITY BETWWEN THE CITY AND THE COUNTY �- 14 AUTHORIZE AGREEMENT:METRO DADE COUNTY FOR SERVICES PROVIDED BY CITY OF MIAMI PLANNING DEPARTMENT (UMPTA). 15 AUTHORIZE AGREEMENT DESIGN AND DEVELOPMENT SERVICES FOR OVERTOWN SHOPPING CENTER. MEETING DATIM: September 10, 1981 COMMISSIG A. CTION R-81-747 R-81-750 R-81-751 R-81-755 R-81-757 R-81-758 R-81-759 R-81-761 R-81-762 R-81-775 R-81-776 R-81-777 R-81-778 R-81-779 R-81-780 81- 74 7 81-750 81-751 81-755 81-757 81-758 81-759 81-761 81-762 81-775 81-776 81-777 81-778 I 81-779 81-780 V-�Z-OCUENT CONTINUED eAmr Ce°= I IF ConE NO. ,Ta1N0. DOCUMENT IDENTIFICATION ACTION 116 R-81-781 81-781 CLAIM SETTLEMENT: AMOCO OIL COMPANY- R-81-782 81-782 17 AWARD BID: FIREFIGHTING EQUIPMENT. . R-81-783 81-783 18 CLAIM SETTLEMENT: MARIA VEGA. 19 RESCHEDULE OCTOBER COMMISSION MEETING TO OCTOBER R-81-784 81-784 7, 1981.