HomeMy WebLinkAboutCC 1978-11-10 MinutesSPECIAL
OMMISSIO
MINUTES
OF MEETING HELD ON November 1.00 1978
PREPAREDsy TM OFFICE OPINE CITY CLEAK
CITY NALL
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ACCEPT PRESENTATIONOF EVELIO LEY & ASSOCIATE$, FOR
PROMOTION, DISPLAY AND ENHANCING THE ROLE OF THE CITY
OF MIAMI AS AN INTERNATIONAL TRADE CENTER,tN CENTRAL
AND SOUTH AMERICA,
PROPOSED APPOINTMENT TO FILL VACANCY ON THE CIVIL
SERVICE BOARD
3. tom/ POLICY STATEMENT - PERSONS OR ORGANIZATIONS WISHING TO
/ USE CITY -OWNED FACILITIES SHALL BE REQUIRED TO MARE A
CASH DEPOSIT WITHIN TEN W'OR ING DAYS OF RECEIPT OF
NOTIFICATION THAT DATES HAVE BEEN RESERVED,
4. RECOMMENDATION BY CITIZENS COMMITTEE REGARDING SALE OF
BEER IN THE ORANGE BOWL.
5. DISCUSSION OF CAPITAL IMPROVEMENT BUDGET AND DELETION
OF SECTION 'M' OF THE ORDINANCE.
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78-716
DISCUSSION
M- 78=718
DISCUSSION
DISCUSSION
23
23-28
M1RUttg Of $ f C1At Mi ;tIf4G DV Tilt
CAS COM ti88IOR eV MARI. ttOR/bA
On the ibth day of NOVembet°, i078 the City Coiiaaissidh of Miatthi, Merida, Met
at its regular meeting dace in said City in Special Session to consider-
busitess of public import
The meeting teas &Ailed to order At 5:25 P.M. by Mayor Maurice Ai Ferre
with the follotoirig t►etubets of the Cotntriission present!
Commissioner Rose Gordon
Cotmnissioner J; t, Plubotr, Jr.
Commissioner MRev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice Ai Ferre
ALSO PRESENT:
Joseph R. Grassie, City,Manager
R. L. Fosmoen, Assistant City Manager
George.F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation vas delivered by Reverend Theodore R. Gibson, who then
led those present in,a pledge of allegiance to the flag.
ACCEPT PRESENTATION OF EVELIO LEY & ASSOCIATES,
FOR PROMOTION, DISPLAY AND ENHANCING THE ROLE OF
THE CITY OF MIAMI AS AN INTERNATIONAL TRADE CENTER
IN CENTRAL AND SOUTH AMERICA.
Mayor Ferre: Ladies and gentlemen, this is a Special City of Miami Commission
day which we will call "makeup your mind, J. L. Plummer Day" and aside from
that... Ok?
Mr. Plummer: Mr. Mayor, I , of course, make no apologies for being absent
yesterday. My only regret is that... is just in all of the media where I read about
my absence, it did not say why. Ithink that's the first Commission Meeting
I have missed' in either five or six years... this is my tenth year on the
Commission.` First, let me thank all of the Commissioners, some of you are not
aware of my grandmother passed away and I was in Key West for the burial yesterday,
but on behalf of my family, I would like to thank all of you for your words
and your letters and your thoughts and condolences to my family and especially
to my mother at her great lost. Like I say I make no apologies for not being
here yesterday, it's unfortunate, but you know me Mr. Mayor, I guess and the
little bit of humorit made me feel like I still was apart of this Commission
not being here. I told you before and I will tell you again, that if it wasn't
for me sitting on this Commission, none of you would be liberals,
Mayor Ferre You Know, that's the wisest thing. Plummer has ever said, do you
notice that?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr, Plummer: Mr. Mayor, may I just understand the reason for the meeting today.
We will be discussing on your special call. the beer item, Civil Service, Capital
Improvements and a contract with Publicity and I also understand that there
Mayor Ferre: Well., the things that weren't done yesterday.
Mr. Plummer' Alright, but for w►y edification, I understand that Mr. Pearl's
issue, that surrounding is also going to come up today,
Mayor Ferrell Yes. you are correct,
NOV
1979
Mr, Mutter; Alright, tito
pia} of metre: Alright, the first this g that we ate going to start with this
morning itwithJulio Castano tho has an appointment to keep in a little while
so we wilt take you up bUt Of turn,
t',hAckAOUND COMMENTg Olt THE 1ligtiC RECO t )
WI Julio Castant)Mr Mayor and Cotittiissioi'ters, t'tn Julio Castatto, biretta'
of the Office of Trade and Cott ►erce be telophetit. pot the infottnation of
COMMiSsioner Pluftet IIM going to teeap briefly what happened yesterday.
This is a promotional package to be used as a pretest and it conjunction with
the 1lorida Couneii for International bevelopttent in cuatetala in the totting
Spring of '79, Now, it's`a core package which will be built on with added
publicity and advertising and promotion to be used later on in the Autumn of
'79 in a special trade mission of the City of Miami to Central America and
Venezuela: ?.helve firms applied to this particular bid, seven demonstrated
fttterest, five trade formal presentations based oft specs of a $25,000 presentation
and scope of the three items that we had required. A film, a brochure and a
leaflet. We have recommended to the Commission, Evelio Ley as the winner of the
bid and as in the second puce, Mr. Weinstein from Currency Control. Mr. t1eitistein
addressed the Commission yesterday and ekplained that his firm, he felt was a
better bid than Evelio Ley's because of the fact that he is a full service
advertising agency. Now, some questions were raised by both, Commissioners Gibson
and Gordon as to the specs required by the Office of Trade and Commerce.
Basically, on the fact that we hadn't specified the number of leaflets to be
printed and brochures to be printed and of the specs and the quality of the
paper and so on. And the reason we gave for that is that what we are buying
is ideas, creativity, if we give perimeters as constricting as quality of paper,.
color and amount of leaflets for the amount of money that we had offered,
that will be closing the creativity of that very same agency we are asking that
creativity from, so that's where we are right now.
Mr. Plummer: Did anyone make a presentation yesterday?
Mr. Castano:` Yes,,,sir, the brief presentation, a recap presentation was made
by the second bidder, Mr. Weinstein firm, Currency Control, Mr. Ley who is the
selected or recommended bidder did not 'make a presentation nor did any other of
the presenters.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Plummer: Well, it was my understanding Mr. Mayor, that there was a letter
presented by Mr. Weinstein that made some contention about the awarding of the
bid to Mr. Ley. Is there a copy of that letter or whatever he presented available?
Or did he do it orally?
Mr. Castano: I did not'see a letter and I...
Mayor Ferre Mr. Weinstein and Mr. Lev, why don't you both come up and see if
we can ma're any, head way, if not we are going to have to put this off. Was there
a letter? I don't recall seeing.a letter.
Mr, Plummer; Was there anything presented or Mr. Weinstein did you just snake
you presentation orally? or objections?
Mr, Weinstein: I made my objections orally.
Mr. Plummer: Alright, in one minute can you sum up what your objections are,
sir?
Mr, Weinstein: Well, primarily I had presented to the Commission yesterday
what we had proposed for the promotion and the fact that we,being a full service
advertising agency felt that everything being in-house with our own Art Department
and type setting facilities, we were able to have better control over the overall
total project, We also were,,.. informed the Commission that we had done some
films for the City of Hollywood, promotional films that are shown across the
Country promoting the City of Hollywood end their Tourism Department which we
have here if anybody wanted to see its Primarily., and the other objections
was on the price in the letter that we : received'from fir► Castano, no mention
was described as far as giving a bid, it said that the budget had be established
at $25,000 and when we made the presentation to Mr, Castano, he asked whether we
could live within that $25,000 budget and 1 informed him that we could and probably
N OV 0197a
it + outd Meth t eitt tender, but -1 "eou1d nht give hilt a firm eoutinitttent Oh
peten bacah4e t didn't know the quantity of brochures to be prittted, numbets,
who:hrt there wound be 5,00, 25,006, 50,000 end theraftst?e, :t " Couldn't intelligently
ghee a estimate. So therefore, this firm, 0urrehty Catttto1 Which l AM the
President, d{d not give A fist estimate commitment and that's the seeofd
abjectian,
(tACttOttOUNlb COMMIT OPP Tt1t: pb'bLIC RtdOrtD)
Mr. Plummet: Well, then it is my understanding that this firm, Currency Control,
did meet the criteria of coining ender the $25,000?
Mr. Castano Might, and so. did Evelio Ley. The point is that if they did not
give us a specific price, we had to assume that it would be for the maximum
amount that we had offered, $25,000, but the basic important fact her and
put this whole thing its perspective, is that we ate not considering our bidding
on price alone, as a Matter of fact price is a very small item for consideration.
We consider it on qualityand the specs that we had required, This process
took three months and almost eleven hours of deliberation, final deliberation
by five competent members of the City's staff, so I think our recommendation,
should stand.
Mayor Ferre: Let me ask you something that I didn't ask you yesterday. Did
the Committee of five interview how many people?
Mr. Castano: We interviewed approximately twelve people
Mayor Ferre: You mean twelve firms that made bids.
Mr. Castano: Yes, sir. No, twelve firms were interviewed by us at several times...
Mayor Ferre: Yes, I see.
Mr. Castano:... which were a period of three months. A final presentation of
five firms was made to us.
Mr. Plummer: Alright, tell me the Committee.
Mr. Castano: The Committee, sir is Tony Crapp who is the Assistant Director
for Industrial and Commercial Services, Mr. Arturo Tijera who is the Director
for Policy and Planning for Trade and Commerce, Myra Ron who is our Marketing
Manager, Joan Lane who is from Publicity and Tourism and myself.
Mayor Ferre: Was the decision unanimous or was it split?
Mr. Castano: The decision was split with one vote and then it
unanimous at the end.
Mayor Ferre: No, wait a minute, wait a minute. The vote was four to one?
Mr. Castano: Four to one.
Mayor Ferre:
Mr. Castano:
Mayor Ferre:
Was the one vote for Weinstein's firm?
Any further questions?
and then...
Mr. Reboso: Mr, Mayor, I move that we accept the recommendation of the City
Manager and select Evelio Ley and Associates.
Mayor Ferre: Is there a second to that motion?
Mrs, Gordon; Mr. Mayor?
Mayor Ferre; Mrs Gordon?
Mrs, Gordon; Mr, Mayor, i feel bad about the situation, as it has developed,
fowever, i have to concur with Mr, Castano with regard to assigning a three
month assignment to our staff and then overturning than without the benefit
of all of the input that they have had in coming up with that decision, so
NOV i O 1978
t gill second tote ihot bti
Mayor Fevre: Rog, , after this i really Want tel talk end tit hot trying to be.
facetious ar anything, but i think We ought to talk e lithe bit about ptdoedures
in the future,
Mrs. Dordott: 1 agree that tde heed to make sotne tnodificatiOns, but de ate et
A different point in time tight tog. I believe that.
Mayor Fevre: Because it might be ',and I have to nbJectionsa. that perhaps
in the future ghat the staff ought 'to do is recommend two Or three to the
Commission and let ht.., Arid then tde tan take the,,.
Mrs. Jordon: Well, that's something that tde ought to consider other things
revolving around that, but I do want to cotmnend Mr, Weinstein, I think this
is e beautiful piece of work And I'tn tot privy to all the things that cane
into the decision Making process With regard to the Committee, so that's Why
I'm seconding the motion.
Mayor Ferrer Alright, there is a motion and a second, is there further discussion,
call the roll, please.
The following resolution gas introduced by Vice -Mayor Reboso, who moved
its adoption:
RESOLUTION NO. 7&-716
A RESOLUTION ACCEPTING THE PRESENTATION
OF EVELIO LEY & ASSOCIATES, IN THE PROPOSED
AMOUNT OF $24,700, DEMONSTRATING THE SERVICES.
AND ACTIVITIES TO BE PERFORMED BY IT IN
PROMOTING, DISPLAYING, AND ENHANCING THE
ROLE AND POSITION OF THE CITY OF MIAMI AS
AN INTERNATIONAL TRADE CENTER IN CENTRAL
AND SOUTH AMERICA, ALLOCATING SAID AMOUNT
FROM THE:3RD YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUND TO COVER CONTRACT COST;'
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None.
ON ROLL CALL:
Commissioner J. L. Plummer, Jr.
Commissioner Rose. Gordon
Commissioner (Rev,) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
Rev. Gibson:- I'm going to vote only because I find myself having to trust
the staff I didn't see,,but I think the Commission and sir, I think you understand
where I am, I hope you do. If you don't tell me before I vote, so I could
tell. you,
Mr, Castano; :I think I understand what you are trying to say,
Rev, Gibson Ok, because you see when you don't tell me,.. when you don't
specify some certain things, 1 get very worried and troubled, You saw one
yesterday rather worried end troubled in this Commission, ok. I'm going to.
vote, yes.
r
Hnyot Ferre; think, un1es$ ehia be misinterpreted, I think rather Cibsoti's
point Is a very valid point and 1 completely agree that if you Ate asking people
to bid and Mutter r has made this atatefeht many, many ties, it you ate talking
about etigiiies, you got to put the speeifications in before you ask people to
bid. Mow, I underttand your pottit about Creativity, but I think that in the
future fir. Manager, all things that ate ptwetted to the Cat nissioti, that toe
ought to really have apses so that We understand that everybody is bidding
apples to apples. And there is sore ouestion about that and # think Mr. Weinstein
was vety right iti bringing that up and I also think that perhaps you, Mrs Manager
ought to rethink how we presont things to the Cotmnission and perhaps it the €uture.
you ought to really give us One of t46 choices, s6 that the Commission will 'take
the f tiii decision, rather than having... I'tn itt do way casting aspersions on the
five people who worked for three mottths as a Committee interviewing and looking
and t h it they did a p
j and
' sure yourrendations
were very validoui ,butin thefutureperhaps yyou6tight modifthatsothatt the
Cotnmission would always have a choice between t't o firths and let the two firms
make the presentation and then the Com�itissiot Will make the final decision.
Now, that entails more work for us and I Was a little facetious yesterday when I
said "well, we will have fifteen or twenty people come up" because that obviously
is ridiculous, but I think we ought to have two or three. Ok. So why don't you
think about that and come back with a recommendation. Alright the next thing that
we have to take up.
(BACKGROUND COMMENT OFF TI#E PUBLIC RECORD)
Mayor Ferret, Mr. Weinstien, our thanks to you, sir..
2. PROPOSED APPOINTMENT TO FILL VACANCY ON THE CIVIL
SERVICE BOARD.
Mayor Ferre: The next thing we have to talk about is the Civil Service appointment.
Now, ',think we have talked Civil Service...` Is there any need to have any further
discussion on it?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Are you ready to vote then? .Alright, if you will take the piece
of paper and write... Would the Clerk read the names of the people that are..'.
Mr. Ongiet Yes, sir.
Mayor Ferrer ... contenders if you will?.
Mr, Ongie: Armando La Casa, Manolo Argues, Mimi Freedman
Luis Correa.
Mayor Ferre: That's Correa.
Mr, Ongie: Correa.
Mayor Ferre: Alright and put your name down so that,..
Mrs, Gordon: And the number of the ballot, in case you have more than one.
Mayor Ferre. Yes, this is number one,
Mr, Plummer: Qh, wel.3., please mark mi.he, , , the number ballot,
Mr, Reboao. Mine also, please.
Mr, t tigia t Mt1 Mayor, on the first ballet Nitni Vreedt art teceived two Votea,
galdiae t:`att ivied one vote. Correa received NO voted
Mayor Ferre. What is the Will of the Commission?
Mts. Gordon: I think ttiavbe sore diaetsesion might help. I don't want to dust it here
and do the sate. thing all ffiotiing► I would like to say that both of the candidates
are very tine people and l could fault neither one of theta at all, but l think
that We who sit here are ehariged with the responsibility for affirmative action
and we say that every time we beet %ae are charged with it in bur hiring
practices and certainly when we are considering appointhents to a board that
deals directly with the needs of the employees► We certainly have the responsibility _
of snaking that board as closely as possible an example of the practice of
affirmative action► I would say that this Commission probably is one of the
finest examples of a affirmative action body that you could find. I don't
know anywhere in any community that I have ever seed a group of people that
express the population any better:than this Cotntnission does. So therefore,
Without reflecting anything upon the:setond candidates' ability and it is a
service to the board if he was selected or anything else, I feel that we need
to give priority to the selection of a woman for that role. and I believe there
are two 'women who's names have been proferred, SO that we really have ample
choice.
Mayor Ferre: Any other statements? I think the crust of the matter is we all.
very well know, is a question of the civil - -'at least.I feel that way, maybe
others feel different. I think the real thing is the Civil Service rules.
Now, that's where it's all at and I talked to Mitni Freedman, I talked to Correa,
Italked to Teresa Saidise. Mimi Freedtnan told'me that she had an open -mind
and I believe that and I respect her for that. Mr. Correa and Mrs. Saldise told
me they were very committed to changing the Civil Service rules or that they
had a commitment to change. Nov, I know the votes have already gone three to
two, but with a new member:that can be reversed and then that creates all the
problems now,and I just want to put it on the record so that everybody knows.
my position. My primary, secondary and tertiary interest is the change, the
change of the Civil Service rules, Now, that's what I'm interested in...
Mrs. Gordon: Saldise is not here this morning.
Mayor Ferre: No, she is not here.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I don't know. No.
Mrs. Gordon Did anybody tell her to come back?
Mayor Ferre Did anybody tell her to come here?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre:
both up and...
It's alright with me. I'm perfectly willing to bring them
Mrs. Gordon:Now, if anybody else feel that... since I know both of
fine people, I have no objections...
Mayor Ferre: We have two of them here.. I'm perfectly willing...
like to ask any questions?
Mr, Plummer: The problem Rose was speaking of bring the
right gender.
two,
them are
Would anybody -
one is not o
Mayor Ferre: I have a feeling that we are into one of these deadlock situations
where it's going to keep on going this way.
Mrs. Gordon: Well, let's vote again and see where we come out.
Mayor Ferre: Alr,ght, take one more vote, This is number 2,
Mr. Ougie: Mr, Mayor, the outcome on the second ballot is identical to the
first one, two for Freedman and one for Saldise and two for Correa,
Mayot Ferrer Anybody want to discuss any mote
Mrs' t ordoti: ki yt,ady Wait to Lhet%ge their Grote
Mrt ttr err Weil, Mrs Mayor, let Ut just take a COMMettt and it really is not
related, but it is ralated and it's only because you made a comment that 1
fell that z should, Mr, Mayor, 1 think we ail Ate in aceord with the
feet that Civil Service rules have got to change, they got to be updated, and it's
got to be thoderni2edi tut 1 have 'emptessed before and I have etpressed to Mr.
Grassie and to Mr, krause, 1 believe, 1 could be mistaken 'there, that t art► not
iti fact 100% behind the proposed changes and really what I'm saying is this,
that 1 believe everybody, eVen those who somewhat have been teat ittto a corner
of being opposed reali2es that e.hatiges have to be made, that it must be updated)
it must be modernized if you will and it is my hope and desite Mr. Gtassie through
you to the people who are doing these proposals,.. 1 have indicated to you before
that which is proposed really in my estitnatiionlacks a lot before it will receive
my favorable vote, It is my indication that this is not it fact Civil Service
rules, but it is iti fact the creation of a second list whieh is Human Resources
regulations and I don't find a Human Resource regulation. And I want to tell you
for one, that I have no intentions of voting on the issue until it is presented
before this Commission which I feel is it's proper perspective and that is
what is Civil Service rules and what is Human Resources rules,' not changing
Civil Service to say '"well, that's transferred over", I think you will find
in the proposed changes if you take the time as i did, you will find fifty-four
tithes in which it is merely a transfer from Civil Service to the bepartment of
Human Resources. It is not in fact two separate given sets of rules and I
personally feel that that is an obligation of the Administration, not merely
just .Carte Blanche or just to move it over to a different department. To
me there should be the establishment of what is the authority of Civil Service,
what is the authority of Human Resources and once you do that, then I am ready
to discuss and vote on the issue, but until such time as that is done, what
has been proposed at the present time, I would have to be 100% against because
to me it is not the proposed Civil Service rules. So I just wanted to put
that comment up on top of the board. To me, there should be two sets of things
put before us.
Mayor Ferre: In the meantime, we have got a Civil Service Board that deadlocks
on everything because it's two to two. And there are a lot of important issues
that aren't getting resolved and we don't seem to be able to fill that vacancy.
Is there any purpose of taking a third vote?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferrer I feel very strongly about that.
Mrs. Gordon: If you feel very strongly, then if we are not going to reach an
agreement today, then we are wasting time. Let's move on to the next item.
Mr. Plummer: Well, Mr. Mayor, let me be pecks bad boy, ok. I agree with where
we are at today, we are at a stalemate, but Mr.. Mayor, I for one want it to be
understood that at the 14th of:Decetnber meeting,, is that I think we should all
a gree and it's the only way it's going to happen,'obviously, that on the l4th
of December that we agree right now that we are not:walking out:of these doors
until someone has been chosen. And,you know, we just.., you have said we can't
continue, we have got to do something.
Mr. Reboso: We should be doing that today.
Mayor Ferre; I agree with that.
Mr. Reboso; The 14th is the same thing.
(COMMENTS INAUDIBLE)
Mrs, Gordon: You see, I'm fighting on the principal, you know, I'm trying
to you know, let you understand bow important I think it is that this decision
made by this Commission on this issue reflect everything you are in favor of,
If you want to change the rules on Civil Service, why do you want to change
the rules on Civil Servi.ce'? You want to change the rules so that you can
reflect an employment policy in the Pity that would identify more minorities
and women, women are part of that minority system that you are tallying. about,
Raw; this l.e he key to the Wide thing, Mit fe at t m ttying to tell you;
it you don't patttauiar y iike the tt o t3MMerl uha you have berate you; then itt
ua ask far invitations trOM some More, And V6 alga have to deal lWith the feet
that wt need A minarfty peTeat of the lain origin bemuse that le alto v$eArt
Oft that body and therefore, if Ve have th eneompaee and try to heeampiiah the
trio things At MI6 tide) ve have to try to get the minority Von ti, it j e 1 uet
se triple as Ali that, i think btheeviee, ate Ate not being true to ourselves,
really,
(EAGRGROUNbi COMMENTS OFF . THE PUttle WOW
Mayor Werra: Do you tsant to leave this then until December?
OACKOROUNb COMMENTS OFF THE FNbl.tC WOW
Mrs, Gordon' Ok, let's leave it for beeehber theft
Mr. Reboso: Huh?
Mrs, Gordon: Wait until becetnber.
Mr. Reboso: Then let's open...
Mrs. Gordon: Pardon 'tie.
Mr. Reboso the qualification because obviously with the candidates that
we have, we are not going to select somebody.
Mayor Ferre: So what he is saying is let'
Mrs, Gordon: If we open it, then I would
for more women candidates
Mayor Ferre: Sure, fine.
Mr. Reboso: r am going to vote for a woman, I
Mrs. Gordon: Ok,
s open it again.
respectfully ask that you open it
Mr, Reboso:
Mrs. Gordon:
Mayor Ferre:
atn committed to that.
So let's open for new candidates.
Alright, for more women candidates.
Alright, I Have no problem with that.
Mrs. Gordon: I don' what else we can do, if we
deadlock.
Mayor Ferre: I have no problems with that.
Mrs. Gordon: Ok.
Mayor Ferre: Alright, well it's an open race then and whoever wants to apply.
can apply and the only thing that I would please request, is that if you do
have new candidates would you please make sure that each of us get their
qualifications and background at least one week before, so that we will have
the opportunity to interview them and know who they are, T think that's fair
to everybody, ok,
Mr. Grassie: Mr. Mayor, do you want us to do anything about advertising
this and if so, do you want us to set a time which, is a cut-off for receiving
applications.
Mayor Ferre: No, because we are going to end -up doing the same thing all over
again, so I don't see that that serves any purpose, I think we all know who
the people are that might be interested and available,. I don't have any
objections if you want to advertise, but I don't see that it serves any useful
purpose,
t see
are going to sit here and
Mrs, Gordon; Why spend the money?
Mayor Ferre; Now, I agree with that, Ok, we will take it up,,,
Nflv 01978,
Mr. Plummet: : More importantly le that we aiMaya make a aavan day out=off Y
The 14th of baoember seven day§ would be Pearl Harlot hay.
Mayor recto: VeS1 Steil, MI Nati Harbor bay ue %iii eutmoff. Alright, we
are 'C ow► , . we Witl - pa§s .thi§ otie and let's gat to koft taibenat and Mt, Peal.
And,,,
11
a) AUTt#OftiZE iTY nANAGEr TO HOt1Or CD?1 tTtiJ 1T VICTOR LOGAN re
BUMMER BOAT s1401 RESFPVED DAYS POR, AT 'COCONUT GROVE EitHIT3ITION
HHALL.
B) Po1iCY OF CITY COit tISSIO 1 REQUESTING FflOM ALL PEPSOtdS AND/OR
ORGANIZATIONS TO FAKE.: CASH DEPOSIT AT TIt:E OF RESERVING DATES
POR_U
Mr. Grassier Would you like to have Mr. inning introduce the Subject or how
Would you like to handle it?
Mayor Ferret Yes, Mr, Jennings why don't you.., but take it brief, would you
please just give us..6 actually for Plummer's sake... where We\%ere yesterday
and where we are today.
tir. Jennings: Yes, sir, Mr. Mayor and members of the . Commission, there ate
two parallel situations here. The City Administration has, been dealing with
Mr. Pearl since June of 1976 for a long-term agreement to whereby he will put
on- Well, it initially started out at five events that went to four and now it's
back to five events at the Coconut Grove Exhibition Center. In the meantime,
and while this process was proceeding we had Communications from Mr. Logan,
perhaps in June or so of 1979 I would say, indicating that he ,Would like to
put on a Summer Boat Show at the same Coconut Grove Exhibition Center. At this
point Mr. Pearl indicated that he felt that the City should perhaps give him
first right of refusal on such a show, so the City Administration in the
dec•elopmcnt of Mr. Pearls contract has..
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Jennings: So in the final development of Mr. Pearl's long-range contract
which is also on the agenda today, you do have a clause that provides Mr. Pearl
with a... if we had it a Summer Boat Show to that contract which wou1a be put
on by Exposition Corporation of America and the time period of that Summer
Boat Show would preempt the dates that Mr. Logan is interested in.
Plummer A couple of questions?
Jennings I think in essence that..
Plummer: A couple of questions?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD).
Mr. Grassie A couple of general remarks, if I may Commissioner. I think that
all of the City Commission needs to be aware of the fact that the organization
that has been putting on'the Boat Show for about twelve years, asked the City
for an exclusive just as the Boat' Show that` takes place over on'Miami Beach
has exclusive, they asked for one here based on their track record;with the
City, I took the position that it should not be the City policy from my
perspective in term of what I would recommend to you, that the City give anybody
an exclusive.' In consequence` of that we negotiated down to a position'where
whoever put on a Boat Show would have sixty days in front and sixty days behind
of protection, That is, protection means the City would not book another Boat
Show in right on top of one that they had already agreed to, The whole issue
in front of you then,',is whether or not the Boat Show that the City has had
for twelve years is'going to be affected by a potential Boat Show- so called
Suer Boat Show, The Summer Boat Show:takes place in July, The regular
Winter Boat Show take place in October about three anonths late,
(BACKGROUND CO OJT On PIE PUBLIC RECORD)
filr, Gressie; Yes, but the regular Winter Boat Show that we have normally takes
Place the test of October and ends the first of November and that's really the
lasue, The issue i$ a competitive one, but it has to do with how one of these
Boat Shown could affect the other and I guess we need to be aware of that as you
talc about these issues. It's a competitive issue within the industry) it hap
to do with whether bt hot a Summer Mat thew tun by a aacond party ie going to
Affect the Winter Seat Show that you have traditionally had and that is why people
ate asking for exclusives, they ate asking for protection and so on.
Mr. Plummer: Question/
Mrt Sebbsa: Another point that is the one that I'tn worried about is the
legal end moral, that these people have a letter froth the Administration
signed by Mrs. Bushgiving them certain dates. to tat what I asked the
City Attorney yesterday.
Mt, Gtassie: Well, there is`tio question, but that dates were issued to theta,
dates were issued as dates are issued to tnatiy people, The point that I trade with
you yesterday was that people who reserve dates not infrequently change their
ttiittd . Thereis ttothittg immoral about the City with good cause having to do
exactly the same thing, You know, if they can do it the City with cause ought
to be in a position to do the sate thing. You know we are talking...
(BACKGROUND COMMENT OFF' THE PUBLIC kiCORD)
Mr. Grassie: We are talking... Well, they have already received a letter saying
that the dates are no longer reserved for them. Now, you knot, we are talking"
about seven months before the proposed event. 'What Ism saying is that you know,
if, this is a privilege that we grant to the people who take reservations with us,
it seems illogical to me to say that the City does not have a similar kind of
privilege
Mayor Ferre: Yes. Well, but J. L. I can give the Manager an argument on that,
in this way. I call up Eastern Airlines' and reserve a seat. Now, I've got the
right not to show up, but Eastern shouldn't have the right when I get to the
airport of telling me they have already over -booked and so, but they do.
Mr. Grassie: But they do.
Mayor Ferre: But they do that. And so... and their argument is, well if you
do it, why can't we do it.
Mr. Plummer: But, yes.., but you know, the Federal Government
problem and now there is a policy relating to over -booking.
Mayor Ferre: Yes, but...
Mr. Plummer: And there is a penalty if the airlines' over -book and don't
honor your reservations.
Mayor Ferre: But J. L., if you remember about fifteen years ago when you made
reservations and had a ticket, if you didn't show up they would charge you and
there was a penalty and then they threw that out. But you know, the point really
is if you book a year ahead of time and somebody writes you a letter from the
City and says "alright, the dates of July loth to the 20th are reserved for you"
and if you are told eight months ahead of time that that's no longer possible,
you know, is that ok or isn't it?'
Mr. Plummer: Let me see the copy of the cancellation let
Mr. Jennings: The cancellation letter?
Rev. Gibson; Mr. Mayor and members of the Commission
Mayor Ferre: Father Gibson?
Rev, Gibson: J. L., you weren't here, let me make sure you understand my position
and argument. I believe that the City has a moral responsibility and I want
everybody to understand that I'm not for one company over against another, The
City has a moral responsibility, they wrote and letter and said " you cap have
these dates" it is also true that you haven't demanded nor required of anybody
in the past or now to put up money. In the Orange Bowl people get the dates
because they say that's what they want. The City needs to develop a policy that
if you want a date, you put up your money and if you don't cancel out by a
certain time, you can't get,,, you know, you don't get your money back. Now,
until you do that, until you do that, that man :Aught to have those days, Otherwise,
we the public officials look bad man, we look bad, And lot me say this,
don't tell me that you silt negotiating a contract for five €ventsover against
four and that when you negotiate the fifth event, that you did not tell the man
realized that
10
NOV 10197B
wjto wthtt the fifth event that you already have given that date* if you dat't
do that you Aren't he hig fait to the tan Whe6, you know, , , , acid l could understand
the ,pan Who has teen with ua Eat a year of two years or three years of four years
end uniesa you have as ekbltisitte, unless you give a watt an exoiutive evetything
is fait in lave and what and l want to take Mute that: everybody utidetttands t
think that the moral bhligatiibt ie to hottot that letter that Mts, busij wrote, Otherwite,
Mt. Brassie, 1 Want to know why in the hell do you have etaff meetings, And the
tenon i tie thatqutttion is because l have a letter on another incident
that takes the wonder, that if you do that.. r if you do what you arse doing on this,
what would happen to that letter 1r, Porettatj wrote George Majors? Do you see ghat
l meat,? go that the policy gets to be, you know, it't alright while the shoe is
not on my foot, but when it's on by foot t Say "roan, it hurt the" and her they
know that this is going to be the position of the i;otnnisaion, And Mr. Mayor,
I'm ready to vote.;
Mayot Ferret Well, but we haven't heard from Larry Pearl and I think oit a
courtesy to hit;. ,
Rev, Gibson: beautiful, let me heard from him. I at sorry. Are you Mr
Wonderful
Pearl?
Mayor Ferret Let's hear your side of it and then we will let Mr. Logan acpress
his opinion and then we can .see where we are. Ok?
Mr, Pearl: hello, Mr. Mayor and members of the Commission, I'tn tarry Pearl,
President of Exposition Corporation of America. I'm sorry that I wasn't here
yesterday. Having committed some two years ago to commit out company in support.
ofthe refurbishing of Dinner Rey Auditorium to longterm use of the facility
and after negotiating that contract for some two years, I really felt that
everything' that was said covered the subject completely. I wasn't aware of the
fact that my presence was needed here yesterday and for that I apologize, I think
there is a few points that have to be clarified in order to make a decision on
the subject. Number one, it's been mentioned that there is a moral obligation
with regard to supporting the letter that was sent out regarding the dates. In my
experience in some fifteen years in the exposition business, it has common plate
for anyone wishing to have dates at a facility, to either by phone call or letter
contact a facility anywhere in the Country and request dates for a particular
event. Normally, it's been my experience that the facility Manager or Director
if they have those open dates will write them in a log or in a book and advise
the person requesting that those dates are being held. However, that in itself
is not a contractual obligation between the two parties and as a matter of fact
we can cite an instance very close to us where Mr. Logan, prior to coming to the
City of Miami and requesting dates, went to the City of Miaini Beach to request
Summer Boat Show dates at the Miami Beach Convention Hall. Mr. Logan'at that
Commission Meeting was advised by the Commission that there was currently at
that time and still is,- a ten year exclusive contract with the Miami Beach Boat
Show at that facility. I believe this contract runs through 82 or 83. He was
:further... it was further mentioned to him that if the City decided at that time
to in fact put 'On a second Boat Show, they most likely would:give the first right
of a refusal for the Miami. Boat Show that's been:there for a number of years
and has had a very good relationship with the City. Sometime thereafterVic
Logan called Norman Litz who is:_the Manager of:the Miami Beach -Convention -Hall,
and asked to, be put on the docket to' reserve: dates for a Summer Boat Show beginning.
in either 1972 or 1973. Norman Litz told me personally that, that's his job to
put names and dates on his books. However, it's also the policy there as in `
most Cities not to confirm that date until the contract is sent to the party
requesting, the contract is then received at the night of the Commission or
a Board selected by the Commission, then determines whether or not that contract
shall be confirmed. I believe the same situation- exists here, I think it's also
important to note that in our contract negotiations, -,I personally sat down with
'representatives of the City, four or five of them, and we in fact agreed on
points in our contract, However, I never received a confirmation to that and
that contract or proposal changed numerous times,44d to this day 1 still do not
have confirmation for my dates that 1 have asked for two years age. 8o if we
are talking about morality or legal preeidence ', we believe that we are iu at
least the same posture as Mr. Logan in asking for these dates and 1 personally
feel that we have a stronger right to those dates:. But 1 think the important
thing'1.s to recognize that it's a common plate in the industry to accept a phone
call or a letter to reserve dates, but Until the contract is sent out, until the
contract is confirmed, there is no Obligation between the City and that person
asking for the contraotR
Rev, Gibson;; Yes, Alright, sir, let ape, , . there are two things that bothers we. 1 want
11
NOV 10197$
you to hate that what i will MY, t e000ur with what you say' l said that..
t know l.t' a Milan poiiey here to make a Bali betsi3se We rent the tayfmoftt Park
Auditorium We toad deli, we don't have to put up the money them but they give
us a eertait tine to put it up, ok, Nov, so you and i sire together there. TOO
th{t%gs, if you eouid anawet two thitiga for the unequivocally, I'm 0h your side.
Numb df outs its the negotiation proeess did you speeify or weft them dates that
that tan asked for ate it euestion?
Mt, Pearl: That date was riot mentioned to tie in the tegotiatiott,.
Rev. Gibson: Alright.
Mr, Pearl: ►. but an eclusive contract was verbally accepted,
Rev, Gibson: Let me say this, did you ask..► were these dates specified? You
said no. Ok, nuthatis not a policy:. If we werelikeMiami have any exclusive anything there,
inbet two we the City do not
beach with an exclusive, I would
go to the end with you, but the fact that this man was led that there is no
exclusive and the fact that. the Manager doesn't have the right to set an exclusive
vithout letting us set the policy, then raises a question for the, you put tie
in a bind at that point. Therefore, I have no choice but to honor that letter
and to realize that you did not ask for the dates. And let the add this and
hush my mouth. If I were going to bend my back for anybody, I will bend it for
you because ashen the building wasn't worth a nickel by other people standards
you stayed. I understand that and I'm appreciative, but in the midst of it all,
in the midst of it all unless you have an exclusive, you don't answer that
question, I have no choice. In the midst of it all, the second point is that
unless you have been negotiated for this date, I have no choice..
Mr. Pearl: If I may just make two points Rev. Gibson. To begin with, I would
imagine that if I sat down with you and Commissioner Gordon and perhaps Mayor
Ferre and in conversation we negotiate a contract verbally and all the three of
you said in fact, you agree that I have an exclusive contract for whatever show
it might be ,and let's say at this same time that someone within the Administration
perhaps on a lower level, sends a letter to a third party saying that you have dates
blocked, just as I mentioned they block dates in every City in the Country, block
the dates say that you have those dates, right now pending confirmation of a contract.
I would then ask you what is the standing final law with regard to who has
Precedent? Your verbal voice to me saying that I have an exclusive or a letter
perhaps from someone with the Administration to a third party who perhaps wasn't
aware of the fact that we had that negotiation?
Rev. Gibson: Alright, I will answer that. If I set the policy and Mr. Jennings
works for me, Mr. Jennings doesn't have a policy, the policy is my policy, he
carries out my policy. Now, we did not have an exclusive, therefore, no sitting
of any administrative staff can, set that policy unless they 'come here and tell
us and we agree, we have not agreed. This is the first time it's coming up.
Therefore, Mrs. Bush is within her authority delegated to her by this... by the
Administration, the Administration... from us to the Administration, from the
Administration to Mrs. Bush,and I must honor Mrs. Bush's action.
Mayor Ferre: Mr. Pearl?_
Mr. Grassie I don't believe...
Mayor Ferree Go ahead.
Mr. Grassie: I don't believe that the basic distinction that Mx. Pearl is trying
to make is getting clear. While he was talking with par of the Administration
on the exclusivity provision, asking for one and in fact had agreement by one
staff person that that would be recommended to this City Commission, A different
staff person gave out a date. Now, the point is that both parties had assurances
with regard to what they were trying to achieve,from different individuals in the
City. The reason this happens is because we are in a process of change, the
building has changed, new contracts are being proposed and since these things
takes some months to accomplish, the world doesn't stop and stand still, but
both of these organizations had representations from different individuals in
the City with regard to what was likely to happen to them. Now, those representations
aro in eon€liot,and at this point the question is what should be'the long-term
approach of the City to solving this problem, There is no question but that
we have said different things to different people, what we now have to do is
resolve that and it seems to me resolve it in terms of the long-term hest interest
of the City.
Rev, bihsati: Ok, let the say this auawer because you Wete atitwering me, Mt,
Crattit, do you knew that 1 get, 1 get really upset up hete at this dommission
whets the staff doesn't heat what we say The policy waa trot get, we set the
policy, f keep saying te, the Com mission, We set the policy, they polity wag
act get, if you got caught hoW) the thing to do is to honor that contract and
gay to the mon right now , just refietber oekt year this is the directiot' that
is providing We agree that: thia is the direction we ategoing to travel , Man
if you get short changed brit time, you knot, '1 went to tote bank the other day
and the teller, t 1 gave two check$ I wanted cashed ba you kttota Otte thing,
that wafan itt there vat giving me. 1 had a forty dollar check and some other
check and she tsas giving the a four hundred, „ she was taehifg the forty dollar
Check as if it was four hundred dollars attd you know, I knew that at the end
of the day' she was going to come up short acid oh, she would have had literally
baby, 1 said to her " 1 said honey you are cashing that check as if it was
four hutidred dollars, that's not four hundred'dollarrs, that's forty dollars",
she said "oh, Father, thank you, so much",
(BACIWROtii b COMMENT OPF Tilt PUBLIC RECORD)
Mayor Ferre: Well, I'll you... Mr. Pearl before we go over to Mr, Logan,..
Now, since we also delayed item 25 which is the question of beer proposed contract,
As I read this contract,., it's a five year contract?
Mr. Pearl: Five with a five year option,
Mayor Ferret You have a five year option,' And you are then reserving the
facility five times a year?
Mr, Pearl: Yes.
Mayor. Ferre: Now, one of the things that really struck me is that I'm very
pleased with it, but I couldn't quite understand, is that you said that you
would pay a:fee that would be set by the City Commission.
Mr Pearl: Well, if you can realize that again some two years ago I committed
our company to long-term usage of the Hall. Some of the problems that occurred
as a result of that commitment in so far as carrying forth with the contract was
that the City had some policies that they had to change because of the new
refurbished building. Now, one of the polices in which they had to, enact was
a policy of rate structure and as far as we are concerned, being the largest user,
at the Hall, we, simply stated to the Administration that we would be pleased to
accept whatever the going rate was, we were looking for a' bargain. Whatever
anybody else was going to pay, we were happy to pay that.
Mayor Ferrer The reason why I asked that question and;I want to point out to
my fellow Commissioners, is that as far as I'm;concerned, that shows a tremendous
amount of good faith on the part of Larry Pearl, that he is willing to commit
five years with a five year extension without...i in.a way kind of; blind because
we can set whatever rates we want and of course, I'm sure they have -to be
reasonable. We can't:all of the sudden charge you out of existence, but the
fact that we can go_up five or ten percent or something like that,:I think`is
an indication on his part of good faith in`dealing with us. The other aspect
of it is this, during the period and time when everybody abandoned the City
of Miami and everybody went to Miami Beach and everywhere else, Larry Pearl
T think at a risk to himself kept on staying in that facility which was so
decrepit that he had nothing:but problems. Now, that doesn't give him`the right
to get an exclusive on anything because that's something that this Commission
has to set as a policy, but... and it doesn't really give us,any'legal obligation,
but I certainly feel that -there is Some kind of':a moral obligation in trying
since he stuck out with us during the bad times, that we also be not overly
generous, but certainly generous during the period now when things are going
to be better, Now, yesterday I was told that it wasn't the same. I know that the
Dolphins have an exclusive contract to play at the Orange Bowl, but you know,
if he spent money, time and effort for twelve years in developing this as a
sOCcessful Boat Show, 1.,stlike the Dolphins have spent time in making the
liiamt Dolphins a suc }pfu1 football team, it would seem to me that everything
being equal, uni.ess there were aote other new arguments which in:the case of
the.Aoiphins obviously there are now. But if everything were equal, it certainly
seems to nn that we ought to help does that have help us and that doesn't mean
that we have to, but it means that 1 think that we should take One eNtra,step. Now,
L,1whi1e you were gone and I just want to make this,,, reiterate this point
I wanted to point out that in the.cohtract that Bears -:that's coming Op before
us after this, now Pearl has a five year opti.on... a five year contract of
la
NOV 10197S
t ve ahAus a year and a fire year option and in it now we set the taste, these
s tot pt edeterMinatiot% in the aettitg of the rates. that means that VA eou .d
3.hct'ease the rates tel portent At twenty pereent artery year and under this
eontrsot: he doesn't really have with option. Maw, what that means as r see it
is than the MIA is ah6t;4ing a eertain amount of good faith in the City of
Miami then we are going to be fait with him arid i think that's just art
important point. My last question to you ts, is this really important to you
Mr. Pearl/ i mean, what's the difference? Why+ tanIt we let Mr, Logan have a
Summer Boat Showl beset it make a difference to you and your business?
MearltLet e e lain two things in answer to that question, The Miami
rnite
Key gLet
now from its inception has been sponsored by the Greater
Mian►i Marine Association, I think tiost of the people that are Connected with
the City are aware of that fine.organitation and how they are involved in the
sea circus, clean up the bay, job programs regarding engineering jobs. Mechanical
jobs and so forth, they do a great deal of. good, The majority of their budget
that enables them to do these things for the community comes from revenues
from the Miami binner•itey.Boat Show. We have worked for ten years, almost twelve
years despite of less than a super facility and building up tahat we have today
is the finest Boat Show.., one of the finest Boat Shows in the Country and
perhaps in the world. The ten years has now gone by and we are sitting with a
fine facility after a lot of hard work and support from a lot of people, GMMA,
the Greater Miami Marine Association called upon me to look into and put on,
a Summer Boat Show for them. Now, that we don't have to fight the battle of
building that October show, they ,wanted a three day weekend Boat Show, not a
Boat Show that would take people off of the pier, it would be rather small in
nature. The concept was to create a year end Summer Boat Show clearance sale
because it's the end of the year. In October we introduce the new lines, so
it's their contention that this would be good for industry and good for the
public as well. Upon their request to me, I contacted the City and reserved
available dates. I didn't take dates that were available. I contacted the,
City and found out what dates they had for such an event and I in fact reserved
dates as the other party reserved dates. In answer to your question, the Marine
Industry would like this to happen, they have supported the. City in many, many
ways as I have mentioned. They would like to derive the benefit of creating
this Summer market place for the industry and they have called upon us to produce
this show for them. Yes, I think it would be very important, I also think it
would be important in further supporting the October Boat Show which is so very
important to the South Florida industry.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Pearl: Pardon me?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Pearl; Under the same sponsorship of the Greater Miami Marine Association
it would be another service to the Marine industry.
Mrs. Gordon: The one that you two are disputing is a Boat Show that will not
affect the October Boat Show.
Mr. Pearl: Depending upon how it's presented it could very well drain some
of the support from the October Boat Show. Yes, it could. Very much so. Now,
I might also say that Mr. Logan is holding dates in 1973 at Miami Beach Convention
Hall.
Mayor Ferre: 73?
Mr, Pearl; 83, excuse. 1983. Now, it seems to me that if he is looking to
put on a Boat Show in Miami now, then why is he holding dates in 1983?
Mayor Ferre; Well, but that's not an argument. Aren't you holding dates in
Miami Beach?
Mr, Pearl; Not for a Boat Show, We are Just asl4ng for Boat Show dates at
Dinner Key Auditorium,
Mayor Ferro; Aright, F'We.2, then that's an important factor. Ok . can we hear
from Mr, Logan?
Mr. Logan; Ye, Let me try an address Poe of the questions that have bean
14
NOV 0197B
Attd pints that 1; we been Made first and i:t rti t would like to make a very ttist
etatetnent , To begin with .ihhtr 'Angers, the producer of the Mimi international
float Show VA§ coming'before the Miauti teach City f ouncil asking for an additional
ten years of his exclusivity eotitract. At that tithe their direction Was that the
only reason they gave John Bogetss dated at the Nish beach Conventiontenter with
an exclusivity W46 #teal the 'Show from the City of Miami and be said that's
the only gray,
t yor PerreL Which they did,
Mt, Logan: Yes,.,, that's the only way he would bring it over there, When they
concluded this Council Meeting, they said that they were not goi.ttg to give Mr,
togers an additional ten years exclusivity because they felt it only pull
revenue Prot the Sail, but felt that Mtn, Rogers should go back to his Board
'and ask his board if they would be interested in doing a Sutmtter Boat Show and
if he was interested, they fright consider giving hitn an opportunity, there
was no reference from the Legal.Departtnent as to whether that would have been
proper, AlsoI want you to know that Larry,Peatl just recently moved his May
Miami HOW .Shot to the Miami. Beach Convention Center and he is doing what is
going to be successful for Exposition Corporation. In. June of 1976 I want to
remind you gentlemen that 'When Mr, Pearl started negotiating this five show;
contract,as Mr, Jennings pointed out he started negotiating for five, he drop
a show and started negotiating for four,and just recently within the last
thirty days as ask to add the Summer Boat Show, that's why it's back to five
and:it has been indicated to me that I have convinced him that there.is a need
fora Summer Boat Show+ The Greater Miami Marine Association which sponsors
that Boat Show- I would like to point out that on my Advisory Board, if you
will look at the names there, two of the members of the Greater Miami Marine
Association and the Chairman of the Miami Dinner Key Boat Show, Chairman of
the Committee for the Greater Miami Marine Association are sitting on my Board
of Advisors. I would like to point out that they suggested, one of their members
in a Board meeting suggested on an evening when they met, among other things
to ask that a letter be sent to this Miami Ctty Commission for the purpose of
asking you not to give an exclusivity because they felt it might be unfair.
They instead came up With a suggestion by one of the members "gee, since Larry
has been doing our October Show, why don't we give him the opportunity to give
us a bid. I wasn't going to the Great:Miami Marine Association for this sponsorship
because in Larry's contract with them he forbids them from sponsoring any other
Boat Show, he kinds of have their hands tied. Yet:I am interested in putting
funds and profits from my Boat Show into the Marine Industry, they need more
money and incidently, up until' just recently and if I'm wrong Mr. Pearl', can
correct:me. He was giving them approximately $8,000 for their sponsorship and
because of the things that I have been doing to start us on our Boat Show
and the little things that have been getting 'round up, he I understand recently upped
it up to $10,000. I'm going to read a`very brief statement and then I will let
Mr. Lieberman speak if he wishes. Last night after I got home I gave some
serious consideration to yesterday's:meetings and I felt there were somethings
that you needed to be appraised of. First of all, Mr. Pearl is not the largest
prcducer of Trade and Consumer Shows in the Southeastern United States. He
doesn't rot do one trade show, they_are all consumer'shows attended by the public.
In:addition, he is only, doing at this time seven shows totally.or projecting
seven shows a -year. Larry Carrolli of Carroll Exposition on Miami Beach is
currently doing seven shows per year,also. In addition, Ed Conrad in Atlanta,
Georgia, I think is the largest producer of Trade and Consumer Shows in the
Southeastern United States. Moreover, we:are not involved here in a personality
contest, I hope, Larry is a nice guy and he has pushed for the refurbishing of
Dinner Key because the majority of his exhibitors were complaining about the old.
facility, had you toren it down he would have no place to take his Boat Show or
Custom and Auto Show,and the only other facility in Dade County can't give him
the dates he would need to have his November Home Show over in )iiatni Beach, I
don't think because of other shows, Larry is in the business of doing shows
and making money, I assure you he 1s going do what's in the best interest for
Larry Pearl and his company, although, because he has:been doing his shows here
at Pinner Key, the Manager and Mr, Jennings may feel that he is due some special
consideration, et anytime he could pull out, I'm under the impression that the
contracts before you trust be submitted five days in advance for your approval, There
was an addendum to it which I don't know has got to you in five da_ys,' but I think
there are sow very important points to brring put to you, The reason I bring this
out is tQ make sure you cover thew. I Understand them to be requesting a sixty day
protection proviso for any similaror competing type show, In other words, no
one On do a show like Mr. Pearl's sixty days before Or after his shows. This is
but if you reed on he is asking :you to also give htn the neat rigktt of refusal
15
if Atddafie the ahouid oboe in after that aunty days period, for you to autotatltally
give hit the first tight of refusal to do that show. Cantiemen is this tot a
monopoly and clearly, isn't he asking you to ahajre in the act of restraint of ttade?
Eurthor, if At any time six tohtha before one of his shows and this is very ithportafit
get tlemen, if At any titre six Months befbte one of his Chows he wants tsi oAheei
that ohow here at bitter key, he loses nothing and you lose the revehue and no
otie :iceorditig to the tontjract, unless 1 have titietead it, can eame.it tot two
years After that and do the same type of a shot,. I'm under the ufdetstanding
that you would like t+a keep bitter Key Auditorium rented as truth as possible
so that the taxpayers of the City of Miami don't subsidize like the Mini heath
residents have to with the Miami teach Convet►tiati Center, tt elosing let the gay,
when I resigned from Exposition Corporation ih i956,tae fete to be full ere third
partners Oh any new the company started, after seven years with them and waiting
for theta to start something new, they had nothittg working at that tithe and still
have nothing new working with the eJteeption of this boat Shows This boat Show.
will give the My start and in the future I will bring other things to your facilities.
I am new, I air growing and I feel I Can help this City prosper also. Although,
Larry was the front than for tkposition Corporation and you are used to seeing hitn,
hearing hit and speaking with hits, l was there for seven years building their
shows up. 1 urge your conscience and your sense of right and wrong to vote in
favor of my request for Contracts and thank you, for your patience.
Mayor Ferret Alright, Ron, do you want to add..,.
Mr. Lieberman: Please, very briefly. It was mentioned about moral obligations
and I just want to say that this is the moral obligation, when Mr, Logan had these
items printed up, solicted these people to do business with hits, spent his time
and his money, that's where the moral obligation lies. It was mentioned that the
industry supports Mr. Pearls Boat Show, I think these letters and many others
that have come in since indicates the industry also supports Mr. Logan and his
efforts to put on a Summer Boat Show: Thank you.
Mayor Ferre: Alright, anything else that anybody wants to add on this?
Mr. Plummer: Yes, I have got to get some questions answered. First of all,
you know, we are talking about a public facility and a public facility is open
to public. Now, as far as I know that, you know, the first one there is the first
one who is to be there. Now, I don't think anybody can sit up here and question
that Mr. Pearl, as you say is a good guy, I will go further than that. You know,
I was opposed to Dinner Key, the redoing of Dinner Key. Now, Larry Pearl had a
little bit more vision like the Mayor did than I did and I readily admit that
I was wrong. I still say it's in the wrong location, but your know, all I'm
saying is this. I came into this meeting today thinking that the Administration;.
had made a commitment. I, Ron, have to tell you that this letter which I see
here is not a commitment as such. It is a commitment for holding dates. Now,
to me... holding dates is one thing, but to me... I was always taught that you
don't have a contract until consideration and to me there has been no deposit.
Now, that's the question I ask. Is that correct?
Mr. Grassie: That's correct Commissioner.
Mr. Plummer: Has Mr. Pearl made a deposit?
Mr. Grassie: On one...
Mr. Plummer: Well, since it seems that the dates are conflicting with each
Mr. Grassie: He has not.
Mr, Plummer; Has he reserved those dates?
Mr, Grassie: In the same way in the sense of talking about the dates and they
are specified in the schedule that he has in the proposed agreement.
Mr. Plummer; Well, you see,.. Mr, Grassie, let me tell you some of the titres
I guess it's good that you weren't here, you know, but this Commission should
very, very, well remember that we got ourselves into this same problem or it got
thrown to us when it got to damn hot to hold lower oven the Orange Bowl, ok,
Jennings you were then in the position you are now and I want to tell you in
Lary honest opinion, neither one of these people at this point have an obligation
on the'CI..ty's part, To say you are holding a date is one thing, ok, The
coitent is putting up a deposit in mY estimation,
Mr, Lieber n= 3, L. could we answer that?
1t
other.
NOV 01 78
Mr, Pitttttt et: PteAse 4
Mt. Logan: r±4 Pitumet, I re4ttested tohtracts for batty ,months attd you didn't
'tear tht§ yestetFday beoat,te you Wefent t here, to the begttttiifg, t Was told
I couldn't get contracts beemt N144 Pearl vat tetueating a twelve hanth
tmclusivity and Chty had to first make a deeiaien on that
Mt. Plummer: Are you telling ►e that you requested the opportunity to put up
depogit?
Mr, togatt:
`des, air, t did and they refused pie,
Mt. Plutttx;er: fan t see that in wtritiog7
Mt, Logan: You tab.., Mt. Jennings will attest to that, I'm sure, I had a
vety difficult ate getting some of the Iettets from Mrs. bush that t requested.
This has been a very difficult sip months acid let Me tall you why they said
they couldn't send contracts and make you aware of something. Larry Pearl's
teat Show which happened just about ten days ago, Larry didn't have contracts on that
Boat Show until ten days before his boat Show, he printed his brochures, he sold
every inch of that spate and went on the basis of a protnise trot Mrs. Bush that
he had those dates. She told hit that she couldn't issue contracts to hits until
the Fathers had the second reading of the new rates,
Mayor Ferret The Fathers and the mothers,
Mr. Logan: Ok,
Mrs. Gordan: Yes, you are speaking,.
Mr. Logan: On the November Home.., excuse me. On the November Home Show we
couldn't find any record when we looked the other day ofany contracts he had
for it. They maybe somewhere, but I'm sure they are pretty current. It is the
policy Mr. Plummer, of the City not to give you a contract... or to give you
a contract as:soon as they are ready and Mrs. Bush had told me that she had other
priority items on her agenda, but that would be given a contract as soon as
the other things got off her desk and these were lessors from 'last year she said.
Mayor Ferre Alright, well, where...
Mr. Plummer: Boy, I want to tell you something. If I ran my business like
this City is run it would be bank rupted in 30 days.
Mayor Ferre: Well, you don't. Now, you don't. So let's moveahead now, I think...
Mr. Plummer: Well, that's the problem, -we don't.
Mayor Ferre: Is there anything else you want to ask?
Mr. Plummer: Well, what are we voting on?
Mayor Ferre: Well,;`T think -the first thing you are voting on is Mr. Logan's
request, that the City Commission honor the dates that he requested for him to
put on a Summer. Boat Show next year. The second thing you are voting on is
item 25 of yesterday's Commission Meeting; which basically is a long-term agreement
between the Coconut Grove Exhibition Center and ExpositionCorporation of America.
Mr. Plummer; Well, that Mr. Mayor, you are going to have to defer because T
have not read that, ok, that contract.
Mayor Ferre: Well, you have had that for a week.
Mr. Flutter; I understand, but I have not read it,
Mr. Logan: Your Honor, if I could say, we are not in opposition to Mr. Pearl's
contract except where it relates to this one Summer Boat Show. Now, you can
approve our Summer Boat Show and approve his contract later deleting any reference
to that fifth show that he is requesting, the Summer Boat Show, other than that.
we are not in conflict
Mayor Ferro; Ok.. Manager, before we close this. On the record so we on
all hear, what le your recommendation that we do on this matter?
Mr. Orassie, Based on the experience of the City with the two firms In the past
hd the iohg=terra t egatiation that the
it is diss
Myor Verret tkeuse ftie, he doesn't have ekperietice with too firms hecsuae hd.
has never done anything here.
Mr, Orassiet Well, t emperience with them is for three months and brat emperienee
With the other firm is for twelve years, Based an that traek reeord and on what
the Bead Organitation is offering to the City by wty of tobth ithent of five shows
over a period of at feast five years. It is our tecettiatendation that We approve
the contract with Mr, Pearl's Organitetion. We do recommend that you approve
the contract as it is presented in item 18 from yesterday's agenda.
Mayor? Barre`: I see, ok► Any further,.
Mr: Plummer: Which its effect would block them out?
Mayor Ferre: Yes.
Mr. Grassier That is correct. At least they would block them out for the dates
that they have asked. Now, keep in mind that that still allows for another
Boat Show in five months, for five months out of the twelve months of the year,
but it's a question of whether or not they are months that they want, you understand
that.
Rev. Gibson: Mayor;..
Mayor Ferre:Father Gibson?
Rev. Gibson: Mr. Mayor, you know, I hope I. don't have a heart attack, I hope
I don't. Hlf I have one, our deliberatirns here would be cause. I have never
seen nor heard such reasons. I want to make a motion that those people dates.
be honored and that following having honored their dates, any of the others that
this man wants be equally honored providing,they are not' in conflict of those
dates.
Mayor Ferrer Alright, we have a motion on the floor, is there a second to that
motion'.
Mr. Reboso: I second the motion.
Mayor Ferre: Alright, :there is a second on the motion, is there any further
discussion on the motion?
Mr. Plummer Let me think for a minute. What in effect Father is saying is
that he wants to approve Larry's...
Mayor Ferre: No.
Mr. Plummer: Well, in effect he is, because in effect Larry's dates go that
far for five years, so in effect he is approving item 25.
Mayor Ferre: No.
Mrs. Gordon: No...
Mr. Plummer: Father?
Mayor Ferre: He is doing just the opposite. What he is doing is,,he is. -.._before
we get to item 25is giving Mr. Logan the date for Summer: Boat Show. What he
is doing in effect,is contrary to what the contract says in Section 25 in agenda
item 25 and giving Logan that,..
Mr. Plummer; Well, he said give Larry all the dates as long as it's not in
:conflict with theta, that to'me is item 25,
Mrs. Gordon; What he is saying is that,,,
Rev, Gibson; Yes, but item 25 has that date in Lt, so what I doing is
Hrs. Gordon; Is illegal,
.egal,
Rev, Gibson Well, look, regardless i,,, let's taro one at a time, i move you
Mr, Mayor, that what's your name sir?.
8
NOV 0197
Mr. iogaft: Mt. tom,
Ravi °lbso;t: 1 + 4 Mt. Logan be givett the date as requested,
Mayor Verret ek, there is a Motion and a sand) is there further discussion
On that?
Mr. Plummer: Yes. Mt. Peati have you, sir, you have requested the sate dates/
Mr. Pearl: They are dif£ereht dates.
Mr. Plummet: There are different dates, but..: ok,...
Mayor Vetre: That's not the point, the point is...
Mr. Flutter: ... the dates that you have asked for, for the Summer Boat Show,..
Mr, Pearl: Yes, sir?
Mr. Plummer: ..i have you put up a deposit for those dates?
Mr. Pearl I wasn't able to put up a deposit until the contract is confirmed.
W. Plummer: I see, sir.
W. Pearl: I'm in a similar posture, we are asking for dates and we are asking
for a contract, only we have asked for a longer period of time.
Mr. Plummer Well, the next motion that's going to be made... that I'm going to
make, that any request for the holding of dates, that within fourteen days
thereafter a deposit is made or there is no contract.., there is no obligation.
Mr. Pearl Mr. Plummer, I've agreed to post a bond. In fact, I have agreed t
post two of them, one for damage of the building if it occurs and one for a
performance bond.
Mr. Plummer: That Mr. Pearl is something else. We are talking about here and
the reason as far as I am concerned is, that we do not'have a monetary consideration
which makes a contract final.
Mr. Pearl: That's true.
Mr. Plummer Ok? Now, this year, you know, is exactly where we were in the
Orange Bowl.
Mayor Ferre: Let me ask a theoretical question. If Article... no, Section 25
gets approved other than this obvious change and Pearl wants to also go ahead
with the Summer Boat Show and ends up competing with Logan, are we going to
approve that too?
Mrs. Gordon: Are we going to do what?
Mayor Ferre: Are we going to approve it too?
Mrs. Gordon: If they what... if he wants another Summer Boat Show?
Mayor Ferre: Well, sure, so suppose he says "ok, then I will have a
in. June".
Mrs. Gordon: I think we should deal with the motion on this table.
Mr, Reboso Mr. Mayor, that will offer also the opportunity that anybody can
have a Boat Show in Winter, another one,
Mr, Plummier;, But you see, it's a public facility, open to the public.
Mr, Reboso, Ok, i don't have any objections to that.
Mayor Fevre; 0%, Po in other words, if Logan wants to have a Boat Show and he
has i.t in June,he is going to throw you into a tizzy, and then at that point,
you knew, we are.going to have everybody coming_in trying to put in Boat Shows,
Pop't we end'np having a problem on,,, I mean, I'm just asking a question,
19
1
•
NOV 101978
Mr, toganl Cat we addtess the gtiesti
Mayor t:erre: Lute,
Mt, Logan: to be quite holiest tith you, 1 have seen battles like this one before
and I think tatty and I both know tnaet honestly, that there is tally not room
for No 8u„mer Boat shows s I have six tenths ago started t otkitg ott tine. 1
it my lettets asked Mrs. Bush for a hittety day emtlusivity ot► either side of
my Sudtet Boat Show which was itidieated to the, itteidently is what they vete
suggestitg for= Mr, Pearl's ion term five year Contract. Irrespective of that,
what they have done in his tot►ttatt that is before you, is they ate willing to
give hit a sixty day protection period both before and after oath of his shows.
1 eatt only ask the tatnc fairness, so if you are willing to give the these dates,
if key. ' abbot vould be kind enough to give me the dates I need plus the same
sikty day period before and after, that he is asking for with each of his shot4
1 don't think asking for anything unfair and that will solve the probietn4
Mayor Ferre: Weil, what in effect you are doing then; is changing the Boat
Show date in October that he has had for twelve years.
Mr, Logan: No.
Mayor Ferre:. Ninety days.
Mr. Logan: No, sir, the dates that I have asked for, although I have a letter
indicating June l8th to the 28th,...
Mayon Ferret July, August, September.
Mr. Logan: ... I'm only asking for sixty days.
Mayor Ferret 0k,
Mn Logan: I was verbally told by Mr. Jennings and by Mrs. Bush that they are
holding the dates of June 25th to July 3rd and those are the dates I'm asking for,
that's what they are holding for me.
Mayor Ferre Alright, we have a motion and a second, is there further discussion?
UNIDENTIFIED SPEAKER: Just permit me to clarify the dates
Mayor Ferret you said June l8th, didn't you?
Mr. Logan: June 25th to July 3rd are the dates I am requesting
the same sixty day proviso, please.
Your Honor.
and to include
Mayor Ferrer July 20... July 3, that makes August 3rd, September 3rd, October...
ok.
UNIDENTIFIED SPEAKER: Thank you.
Mayor Ferree Anything else you want to add?
Mr. Pearl Well, in defense of this motion against the motion, I really can't
see the difference between favoring a letter over a verbal communication that
has lasted for two years, I really don't see:a distinction and if I do, I
thins it favors us.
Mrs. Cordon; May I just state- I have been rather quiet about this issue- my
observation is W. Pearl, that yes, they have been negotiating with you in a
general sense to do shows in the Orange... in the auditorium and that's an accepted
fact, but the Summer Boat Show was not a matter of discussion with you until a
very short period of time ago which is thirty days.
Mr. Pearl No, it's been about three months.
Mayor Berre:
Mr, Pearl; My dates have been listed with the City.
Mrs, Gordon; Well., I heard thirty days mentioned, Who mentioned the thirty
factor?
W. Pearl; I dn''tt know,.
20
NOV.oi97
Mr, Pearl I don't knows As noon as thew
Mts, Odrdof:
At Ahy rAte.44 go ahead,
Mr. Pearl: Just 1st a ahSwer this. As soot as the Board of birectors of the
Wald. Marine Aasiniztioh eohtetted tine and asked ffie to do the shop fof Summer=
having nothing to do with Mr, tom, I assure you,. We oontatted the City And
reserved ihit dates as he did,
Mayor Ferte: Ok,
Mr, Pearl But just ad I have dates reserved, i don't have a contract yet for
aby of my five shows
Mayor Ferret took, I think ,: we are ready to vote, aren't ate? Alright,
further discussion, call the question,
The following motion was introduced by Commissioner Gibson, who tno'tied its
adoption:
MOTION No. 78-717
A MOTION AUTHORIEINC AND DIRECTING THE CITY MANAGER TO
HONOR THE BATES RESERVED BY VICTOR LOGAN IN CONNECTION
WITH: THE SUMMER BOAT SHOW IN .TUNE 1979 AT THE COCONUT
GROVE EXHIBITION CENTER, JUNE 25 THROUGH JULY 3, 1979,
Upon being seconded by Vice' -Mayor Reboso, the motion was passed and adopted
by the following vote -
AYES: Mrs, Gordon, Rev. Gibson and Vice -Mayor Reboso:
NOES: Mr. Plummer and Mayor Ferre.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Let me explain my vote very simply. As far as I am concerned
there is no commitment, there has been no deposit and as such, I don't feel that
my vote this morning addresses either problem because neither have put up a
commitmentand as such, I vote no.
Mayor Ferre: I vote no, the matter carries then
three to two.
Mr. Plummer: Mr. Mayor, I now would like to make a moticr that the policy of
this:City that anyone requesting dates from this day forward, that a stipulation
be there attached to, that they may reserve dates of any City facility and
that obligation is null and void if a deposit is.not tendered within two weeks
and I'm flexible on the two weeks. But to me I'rn sorry, the old saying is still`
true "you put your money where your mouth is" and to me it's not a binding
obligation on the City's part until a deposit has been rendered. I'm not talking
about a:bond, I'm talking about dollars and as far as I'm concerned I think that
will keep us out of problems in the future, that if someone wants to reserve a
date, that they:put up a deposit and'in lieu of that, we get ourselves out of
this bind because of the fact that it's just not fair, it's just not fair to us
and I offer that in the form of a motion.
Mayor Ferre: Alright, there is a motion, is there a second?
Mr. Plummer: The motion is that in the future that anyone requesting dates in
any City facility must put up a cash commitment within ten days thereafter.
ayor Ferre; Ten working days, -
Mr, Plummer Ten working days, fine,
Mrs. Gordon. Ten working days, l'll aecoud your motion,
Rev, Cason; l'llseccnd the motion,
fiayor Ferro; Airight, , ., ,,
Mt* plu ner: or there IA not Co dt ►ent
Mayor Petra: tttete is a i eeand, tutt1er `discttssiof Ott that thOtibh, CAli the
t oli.
The fa1loWing ttatior was introduced by Co m missioner Piuttmet, who Moved its
adoption.
MOTION NO. 78 418
A MOTION DECLARING THE POLICY OP THE CITY COMMISSION
THAT FROM THIS BATE FORWARf,: ALL PERSONS AND ORGANIEATIoNS
MAKING APPLICATION FOR THE USE OF ANY CITY-OWNM FACILITY
SHALL BE REQUIRED TO MARE A CASH DEPOSIT WITHIN 10 (TEN)
WORKING DAYS OF RECEIPT OF NOTIFICATION THAT THE BATES
HAVE BEEN RESERVED AND IN THE ABSENCE OP SUCH DEPOSIT, THE
RESERVATION SHALL BE CONSIDERED NULL AND VOID.
Upon being seconded by Commissioner Gordon, the :notion was passed and
adopted by the following vote:
NOES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice-Mayor.Manolo Reboso
Mayor Maurice A. Terre
NOES: None.
Mayor Ferre: Alright, now what are we going to do on the long-term agreement
between Exhibition Corporation and...
Mrs. Gordon: Defer that one because J. L. hasn't had an opportunity to read it.
Mr. Plummer: I haven't read it, Maurice.
Mayor Ferre: Alright, Mr. Pearl, we will have to take it up., that's not
going to cause any big harm, is it , if we put it off until December? You don't
have any contracts coming?
Mr. Plummer: Well, Mr. Mayor, in all fairness to Mr. Pearl, I think while this
matter is under consideration, that this Commission should take a posture that
no one can sneak in between now and the next Commission Meeting and put up a
deposit and block him out, I think that's only in fair.
Rev. Gibson: I'll agree to that.
Mr. Plummer And as long as the Administration has... understands that I don't
think... but I don't want... I'm sure Mr. Logan is now`satisfied, he has got
what he is looking for and I'm happy for you, with the exception of your dates,
we understand.,
Mayor Ferre: Fine.
Mr. Logan: I only have one question. I had asked Mr. Jennings of the City's
staff, it is policy that when you have a show one year, generally those dates
are given to you automatically every year 'Without a deposit.
Mayor Ferre I knew this was coming and it's exactly what I am concerned about,
Mr, Plummer: No way.
Mayor Terre: I am violent .y opposed to either Mr. Pearl or anybody else,
Mr, Logan I don't think you understand my question fir, Ferre.'
Mayor Ferret No exclusivity, there no exclusivity.
fr, Logan: If you would gust hear the question, I'm not asking that sir, I'm.
not asking that air, I would just like fo you to hear the question, I goo
them to reserve dates for me for a OUPfty of years after the show, N.ow, I'm
not pbjectivnsble to the depppaits:that you arc asking.fon, but they told me theb
22
NOV 101978
they couldn't resetvd,, , Mt, dentiing§ told tie that they couldn/ t teeerve Any
Additional dates tot Met in the oonttact you have before you for Mr. 1eati
with hie gismtner Soot Show dates, he has re4uested a hold for ten years for the
§ the ekact dates 1 runt ftoat 1086 forward for my gutbete Last Show to continue,
Mt. ?ebosot Mr. Logan, t think Mr. Pearl has been having that dhow for the last.
twelve years.
Mt. Logan: No, not his October boot Show, Ih the Sutttntet Coat Show in your contracts
that you have there of issue 25, tit has asked for ten years of dates to be held
and my only question is, can the issue cotiie before the Cottmissiott again? ' i
would hate on December 14th for you pass his entire cOntratt blocking out Miatni
guiutter oat Show from any further dates for 1980 forward.
Mrs. Gordon: I agree with you on the fairness and the reasonableness of your
request",
Mr. Logan: That's all.
Mrs. Gordon: and I would have to think that this Commission would not permit
a situation to develop that would be a dog eat dog situations that would be
terrible and I would certainly honor that kind of a request as being reasonable.
Mr. Logan: Thank you.
Mr. Pearl: If I may mention one thing. I believe the City saw fit to talk to
me about a long-term contract in view of my track record with.other shows. 1
don't know that it is a prudent idea on behalf of the City to grant a long-term
lease to someone who has never put on a show before. You know, I would imagine
that before you can go into along -term date hold, that there should be some
;rack record.
Mrs. Gordon: Well, I would have` to think in the. Mr. Pearl that you have
proven record, it's true, but if you didn't get an opportunity to start you would
never have a record, so..,
Mr. Pearl: I only started with one date, I cidn't have a long-term contract
when I started.
Mrs. Gordon True, I'm not saying that you shouldn't have the opportunity to
repeat your shows, but on the other hand unless the other party's show should
be a total bomb -out, then I think he should have the opportunity and I think
O that the event will prove whether or not he should receive it and that should
be based upon the results of that event.
Mayor Ferre Ok, further discussion?
4. RECOMMENDATION BY CITIZENS COMMITTEE REGARDING SALE
OF BEER IN THE ORANGE BOWL.
Mayor Ferre: Alright, we are now on the item of beer at the Orange Bowl.
Mr. Grassie, would you bring Commissioner Plummer up to date as to where we
are, what happened yesterday and so on. / l
Mr. Grassier Mr. Mayor and members of the City Co nission,on the question of
beer in the Orange Bowl, Mitchell Mileaa-was here with the City. Commission
yesterday, he again discussed the terms of the recommendation of the Citizens
Committee, those terms are summarized for you in the memorandum that l have
prepared and sent out with your agenda The basic result of the City Commission's
deliberation was that Commissioner Gibson proposed as a further modification of
the recommendations presented by Mr, Woifson,that the. City further asked the
Dolphins for the removal of the clause within their stadium lease agreement
which allows the Dolphins to give three years notice and then cancel that
contract, The City Commission did not take a vote on the question, but there
seem to be a beginning consensus around that position, that is that the ba4ic
recuu endations of the Citizens Committee be accepted, but that they be added
to by requiring of the Dolphins the removal.' of this throe year clause within
the r stadium agreement.
Mr, Plummer: And what was the ,nswer3
NOV 0 1978
Mt8 cragaiet The tititatibh did rtat cats to a vats artd the tits CaMbiagiaf
deteseihed that they tauid put it attef hht l you Were presents
Mrs plater: No, it whet wag the answer about the remaval of the three
escape ciauge
Mt. Reboso: Mt. Grassie) we voted yegtetday.
Mayor Terre: There raas'a vote, yes, of course) there was a mote aid the vote
WAS ttso to two. CatibiatiOherssi
Mr, Grassier 1 sorry) I guess yes) there bias. It was,..
Mayor Verret Weil) let the brief you in on this. Nov) this is what happened,
Commissioner Gibson made a motion in which 1 seconded) accepting the Committee's
recommendation with the added changed that it would only be valid if Mr. Robbie
would give up his three year cancellation clause. Now) that was put to a vote
and the vote was two to two and that's where we are at.
Mrs. Gordon: J. L., just also as a bit of background for you) I voted against
the proposal based on the desire not to see beer in the Orange Bowl) but that
I felt that the intent of what Rather Gibson was proposing was not unreasonable
inclusion for the e)ttension and the Law Department informed us that there was
the right of first refusal by the Dolphins in 1980 prior to any other
concessionaire could be accepted.
Plummer: But not an exclusive right?
Mrs. Gordon: Well, the way he explained it, it was, it amounts to an exclusive
right of first refusal and it's in their contract.
Mayor Ferre: Let's go over that because that becomes an important point. There
Was a time when we wanted to put the beer out for bids) remember that?
Mr. Plummer: Right, sure.
Mayor Ferrel And I was strongly for the bidding procedure so that we would get
outside bids for beer, there were people that were interested in coming in and.
supplying beer for the City of Miami. Now, that was taken to court and as you
recalled Judge Ferguson ruled against the City and Judge Ferguson said that the
City had a contract with Restaurant Associates, now purchased by the Dolphins
which basically said that they had the right to so and so and so and furthermore,
there was a statement... there was a previous lawsuit which had been handled for
Restaurant Associates by Marion Sibley in which the Restaurant Associates won
and the Dolphins lost'about that very same point, as towhether or not they
had the -right to extend their contract without going to public bid, the.Dolphins
saying " you got to go to public bids". Now, the Judge in that lawsuit ruled
that Restaurant Associates indeed had the right to negotiate a contract and in
effect had a right of first refusal and since that have not been done, the
Restaurant Associates had that right to continue. Now, based on those two lawsuits
here is a situation --that I think we find ourselves in, in which the Manager'said
that he'would explain to us and with all due respects to'him, I told him that
I had never heard that explanation, that when. July 1, 1980 comes around the
Restaurant Associates contract that the Dolphins now own gives them the right
that was previously decreed by the Judge that they have°a right of- so of speak -
a right of refusal or they have the right' of negotiating with us and the right
of turning down a reasonable contract, Now, after
24
NOV ;" 0 1978
that procedure theh oah ge out 6n bid preessA) The last time we did that
what ha i retied is we ended up In a situatioh that right haw We lost) tf 144 appeal
from a jraetieal point 6f view there wohit be any beet ih the Orahge "bowl this.
year ar hekt year. Arid once we gat iit8 the bid precedute in 106 the same thing
it tkdd.NOW the mistake that was Made acid the keASon why this changes my posit
kith ih the situation is the Mistake that was pteViodliy made was ih that eons
tract that was signed that was made by a previous toftiMiSbith whioh I was opt acid
hone of you because that was way back and that was Mel. tee§e's Westent with
testauraht Associates) Ahd in there there is a contract provisioh which really
creates a very serious problem for all of us, ,Now, based oh that f, therefore,
ooholuded that from a praetieal poiht- of view if we waft to get any progress of
anything going, and Mitchell Wolfson recommended that if we wanted, in effeet
what We Were doing is giving away a 'couple huhdted thousand dollars a year by
not Me:Win§ ahead on this. Ahd sines they had come up with a tedoinmehdatith oh
the number's and they went over a study of all these stadiUTs And reootunehded
that these numbers were fait 1 was assuring'that dill Rubeh, Carlos Arboleya
who evidently did not go tb one of the meetings - but the rest Of the committee
made up of Oarth Reeves, ; eanne tellaty, Mitchell Wolfson chaired it and Mr.
Thomas of Sears had gone into this, These numbers were reasonable figures.
Father Gibson then put on one provision which I agreed to and that►s the way We
left it.
Mr. Reboso: Well, before Commissioner Plummer 'Votes, I would like, Mr. Mayor,
to coarify my vote, why I voted against it yesterday because Colonel Wolfsoh
asked me why I voted against it. I explained to him but apparently he thinks l
should explain a little more. First let me tell you that 1 have in front of me
the minutes of the Special Citizens Committee Meeting with Miami Mayor Maurice
Ferre and City Manager Joe Grassie on October 19, 1978 and on page 15 Jeanne
Bellamy asked, "What is Commissioner Reboso's position?" Now this is very cur-
ious
he docent
hey don't
k
Gordoneoruse in the 18 pages of Comnissioner Gibson ortCommissionertPlummer and it hastbeenn Commissioner
rumormrr
a in
this community for a long time that my position against Joe Robbie is based on
the fact that he traveled to Cuba with Senator Mc. Govern to talk with Castro and
I want to state in the record that that is not true. The fact I am voting
against Robbie is because in my opinion this contract is not in the best interest
of the City of Miami and I explained to the Colonel yesterday everytime we have
a contract with the Dolphins it is a one-way contract. I don't know at this time
really how it is, possible that we extended the contract for the Orange Bowl with
that cancellation clause of the three years. I can't think why we accepted that
but we did it and everytime we do something it is under,a tremendous pressure
from the community.
Mayor Ferre: (INAUDIBLE)
Mr. Reboso: I know, and now we are in the same situation where he wants to put
the beer in the Orange Bowl when some companies came here to bid and tried to do
the same thing with a better percentage and no compensation to the City for the
cost of implementation and now he comes with a contract that is not as good as.
the ones that we were receiving and in exchange for that he wants to extend the
concession until 1986. There's no way and that's the only reason I am voting.
against this contract and not for other reasons.
Mayor Ferre: Ok, there you have it.
Mr. Plummer: Well, Mr.
is.
I'd like to know what the position of the Dolphins
Mayor Ferre: According, and this is a chicken and egg situation, according to
the newspaper that I read this morning, Mr. Anderson said that he didn't know
what Mr. Robbie would conclude but that it would be based on what Mr. Plummer's
position was.
Mr. Plummer; Oh I'm sure he'd like to put Mr. Plummer on the spot but Mx. Plummer
isn't bidding.
Mayor Parre; No, 1 think it is the other way around, Mr, Plummer. The way, my
opinion is this; that I think that Mr, Robbie is not going to accept any of
25
NOV 0197B
this end 1, therefore, think that it really ish't _ any perso isi eghibh is that
i€ we vote Oh this and put the pteaaute oh hip he it the guy that then has to
Wit u dotes tsh sotething that is Very reasotiables tecause title 8t the key poihts
yesterday was %+ihet eoiotiei t4oifsah specifically said himself, he said of think
this is Very teasohable, I thihk rather Gibson's request it teasohablef"_thieve.
fore) when Mr. Bobbie tutus this thing down if he (Ices that, Mts PIUMillets he is
also ttt ing dotvtl the 1 ecoi?th ehdatioh classed as reasonable by the dhairmah et
that tom ittee, lam: 4olfsohk to it isn't that he's saying that rather dibsoh
is being arbitrary, he is theft put ih thepositioh of Where he s tttrhihq dot4b
what Colonel Wolfson tecomh,ehded as being reasonable. Now) at that point then
1 think the bad guy is going to be doe,kobbie and hot the City of Miami because
1 think We're done Mote than out fair share and gone more than the reasonable
length. NoW, ih ahsWer to CofissiOher heboso's ciuestion that I'd like to
point out, since there is a contract which has twice been taken to court and the
City of Miami has two times iost We're hot talking about whether or not somebody
is going to have the right to bid beer, the fact is that nobody is going' to have
the right to bid beer, certainly not for the text two years and I think that
beyond that it's going to be a lawsuit for,,. this is another Fd tall situation,
this guy is going to keep this in court for., Now, we can keep on fighting, I
understand, but let me tell you what the price is. The price is a new score
board and $150,000 to $200,000 a year for probably three or four years. Now,
what I'm saying is this.Torvote for the Father Gibson's motion as he have put it
for the City of Miami in the next four or five years reasonably means from
$750,000 to $1,000,000 plus a new score board or, a continuation of a fight. Now,
it's that simple if it's a matter of principle.
Mr. Plumper: Well, you know, Maurice I hate to get back into the same old
argument, but unfortunately I:don't agree with about 80% of what you are saying.
You know, to me about being a bad guy that doesn't bother me, you know, I have
had those stones casted before. I'm worried about what is fair and equitable
to this City. Now, you know, I guess if I did not have a letter of commitment
from a company who was willing to put in all of that equipment free of charge
at no cost to the City,who was willing to give a higher percentage and since
there is a question about the percentage I will just say higher percentage. If
I did not know that the stadium in Tampa bid was just let at either 41% or 44%.
If I didn't have all of these factors, I might feel differently
Mayor Ferre: Ok, let's vote J. L. and then we can... J. L., just one last question...
Mr. Plummer: Yes, sir.
Mayor Ferre: since you didn't have the opportunity to read item 25, did
you have the opportunity to read Colonel Wilson's report?
Mr. Plummer: Yes, sir.
Mayor Ferre: You did have that opportunity.
Mr. Plummer: Yes, sir.
Mayor Ferre: And you saw...
Mr. Plummer: And let me say this for the record.
Mayor Ferre: And you saw the analysis of all the stadiums that they looked at
and their conclusion, so it isn't Maurice Ferre that you are disagreeing with,
it's that Committee who recommended what they thought was fair.
Mr. Plummer: Well, Mr. Mayor, I'm sure you read the report of that Committee
as I did and let me tell you what I feel is the bottom line of that Committee
report. The bottom line was that they did what they:felt was the:best that
they could do and Z have no problem with that, because this Commission has tried
to do it for six months and have done no better.
Mayor Ferre: Ok,
Mr. Plummer; Now, all. I'm saying is fir. Mayor, that I have stated before and
I will state again. There is no question that Fathers' point is basic, without
the release of that three year escape clause we don't even discuss the matter
and there is no one here this morning to indicate that, But more importantly,
I feel that a contract must be equitable and to me au equitable contract is not
us the City putting up two-thirds of the money and the eoneessionaire putting up
one-third of the coney and we have got to pay it back out of our profits. Now,
to me that's not fair.
Mayor Ferro; Pk, well, the Committee went over that and that's exactly why
NflV n.1 78
people of the cai1be. re 'teiiany+ and Mr t T5 0 &. Oartii ke Veg etd t , efe
minted to do that and they vent point by paint evsr it And in their deliberation
they recommended whet they thought age fair.
itir Plat:tnc r: 1 dntt',t qneation that At All,
Mayortettet Ok and t1 you disagree, you have that right Leta put it to a
Vote ad ae daft get this behind ua and than, of eautae, at that point we have no
beer. f will make the prediction that there will not be arty beer in this Orange
Bowl and to be honest...
Mrs. Gordon: 13,000 people will say "thank you, Maurice".
Mayor Pette t Not Maurice
Mts. Gordon:
Mayor Pena:
Mrs. Gordon:
Mayor tette t
Those people who voted against it, so...
Now, and 15000 are....
13,000 voted for it, 26 people made the differetnce..
There won't be any beer in the orange Bowl 1 predict, until 1982
Mr. Plummert Well,
taking a firm stand
that person who has
does not feel that,
Mt. Mayor, let the hope that it fact, that this Commission
today is not the end of it, but that it in fact will let
the e tciusiyity by the court know that this Cotmnisaiot
that which he has proferred is equitable.
Mayor Ferret Well, let me.., that's very nice
Mr. Plummert. And that if he wishes to come up with something equitabletthat this.
Commission Will consider it, because at this point I don't feel what has been proferred
based on what l know about the rest of the stadiums that, that which is proferred
is equitable.
Mayor Ferret Mr. Plummer, I have a great deal of respect fnr you, I really do,
but that is the most impractical statement that I have ever heard you make in
the last five years that l have served with you, but let's put it to a Vote
Call the roll.
(ROLL CALL)
Mayor Ferre: No, wait a minute we have had a motion.
Mr. Ongie: I have assumed it was the same motion as yesterday.
Mayor Ferre: So we will have to repeat it again. Father, if you will make your
motion again.
Rev. Gibson: My motion was that we would concur with the recommendation of the
Committee with the exception of or providing that Mr. Robbie will take out of
his contract the three year right to...
Mr. Plummer: Escape clause.
Rev. Gibson: Escape clause, three escape clause,.
Mayor Ferre; From the stadium,
Rev. Gibson: From the stadium.
Mayor Ferre: Ok, and I second the motion and the chair,..
Nr, Reboso: We have a motion and a second, any further discussion,. call the
question, please,
THEREUPON THE FOREGOING MOTION was introduced by Commissioner Gibson and seconded
by Mayor Ferre and defeated by the following vote;
AYES; Rev, Gibson end Mayor Ferre.
NOES; Mrs. Gordon, Mr, Plummer and Mr. Reboso,
ABSENT; None,
ON ROLL CALL;
Mr, Plummer; i
City, 1 vote 1144
ot feel that which is proferred is equitable
27
nd fair to the
Mayor Ferret
iteet..
i don't think w@ have anything else to digeu
► Plummer Well, yes y i would like diaeueeiesh Oh the ree6rd beeauae at 'this
point f.t ie my underetatding that the City is tall proceeding in ,a certain peetute
and 1 teat to make sure that is corrects 1 pertonaily have yeVet agreed with the
de tt docitihh and it is my tittdetstauding then the City is proceeding at this
tie .with the appeal and 1 Went to make twee on the record that$that it the eases
Nts Ithdltt 'des, sit, the City has filed a Waite of appeal which Means that
briefs Oh the appeal twill be due within the ttieitt two to three weeks and We Ate
turt`entiy t3orkiig on those briefs.
Ott ► Mummer: Thahk you, sir.
DiSCUSSiON OF CAPITAL IMPROVEMENT BUDGET AND DELETION
OF SECTION 'MOF THE ORDINANCE,
Mayor Ferret :Now, 1 assutne that that's the will of this Commission) unless I
hear otherwise. finless I hear otherwise, the only other thing that's left pending
it the question f th
P a �, v
p r
g ,Gordon requested that
t,►e have more titneonSectionaM whichdeals with the FloridaPower and Light
and I have no objections to that,
Mr. Plummer: What:page is that?
Mayor Ferret What?
Mr. Plummer: What page is that?
Mayor Ferre: What page is that?
Mrs. Gordon: We weren't going to take 'M" up today.
Mayor Ferrel No, no, I know, I was just saying... I'm just... what was left
from yesterdays' Commission Meeting is that you requested more time, as I said
I have no objections to extending this beyond today. Plummer now asked "what
section is that?" It's Section'M'and I don't know what page it's on, do you?
Mr. Plummer: Would you bring me up to date on this?
Mrs. Gordon: I will clarify that J. L. We passed it yesterday,
believe we read it twice.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre:
No, no, everything but Section'M
Mrs. Gordon:- And that Sectioti'M"deals with the allocations of the franchise
dollars which I felt that we should not rush into an allocation on those capital
improvements with the franchise dollars until December. Ok,
Mayor Ferret Is there any further discussion, if not we stand adjourned,
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 10;55 A.M.
ATTEST; RALPH C. QNCIE
City Clerk
MATTY HIRAI
Aa latant City Mr);
28
MAVRI CE A. FERRE
Mayor
(N3,,...,.,,,. ,
jv
i
v o97
•
'�Y OF M�"AMI
OCUMENT
MEETING OAFS.
November` 10 , .78
COMMISSION RETRIEVAL
ITEM N6) ' DOCUMENT IDENTIFICATION ACTION _CODE NO6
ACCEPTING THE PRESENTATION OF EVELIO LEY & ASSOCIATES ,
IN THE PROPOSED AMOUNT OF $24,700, DEMONSTRATING THE
SERVICES AND ACTIVITIES TO BE PERFORMED BY IT IN PRO
NOTING, DISPLAYING, AND ENHANCING THE ROLE AND POSITION.
OF THE CITY OF MIAMI AS AN INTERNATIONAL TRADE CENTER
IN CENTRAL AND SOUTH AMERICA
78-716