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HomeMy WebLinkAboutCC 1997-08-06 MinutesCITY OF 11lIIAMI ti� nVY. `'K'..m sma tvKv C 0 M MISS I ON MINUTE.. S OF NEEflNG HELD CM PREPARED BY THE OFFICE OF THE CITY CLERK CITY MALL WALTER FOEMAN CITY CLERK, ITEM NO. SUBJECT INDEX MINUTES OF SPECIAL MEETING August 6, 1997 LEGISLATION 1. (A) APPROVE SALE OF MIAMI SPRINGS R 97-558 GOLF COURSE (650 CURTISS PARKWAY, 8/6/97 MIAMI SPRINGS) FOR THREE MILLION DOLLARS -- FURTHER AUTHORIZE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT PREDICATED UPON DEED RESTRICTION LANGUAGE REGARDING FUTURE CHANGE OF LAND USE. (B) DISCUSS AGGRESSIVE SALE POLICY AND DEVALUATION OF CITY -OWNED PROPERTY. (C) DIRECT ADMINISTRATION TO BORROW COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO IMPROVE POTENTIAL CITY - OWNED PROPERTIES FOR SALE -- FURTHER INSTRUCT CITY MANAGER TO RESEARCH STATUS OF PROPOSED STUDY FOR USE OR SALE OF BOBBY MADURO STADIUM. 2. BRIEF DISCUSSION REGARDING DISCUSSION NEGOTIATIONS WITH METROPOLITAN 8/6/97 DADE COUNTY FOR THE F.E.C. / BICENTENNIAL PROPERTY -- FURTHER INSTRUCT CITY MANAGER TO APPRISE COMMISSIONERS OF NEGOTIATION'S DEVELOPMENTS. 3. RENDITION OF NATIONAL ANTHEM BY DISCUSSION CHANTELL WILLIAMS. 8/6/97 4. SCHEDULE SPECIAL MEETING FOR FRIDAY, M 97-559 AUGUST 8, 1997, AT NOON, TO SELECT AND 8/6/97 APPOINT CARETAKER COMMISSIONER -- FURTHER STATING THAT APPOINTED COMMISSIONER MUST COMMIT PUBLICLY NOT TO RUN IN NOVEMBER 4, 1997 ELECTION -- ESTABLISH SELECTION GUIDELINES. PAGE NO. 2-14 14-15 16 16-24 5. INSTRUCT CITY MANAGER TO PREPARE DISCUSSION AND TRANSLATE EDUCATIONAL PUBLIC 8/6/97 INFORMATION DOCUMENT REGARDING SEPTEMBER 4, 1997 BALLOT ISSUE -- FURTHER REQUEST THAT COMMISSIONER PLUMMER, VICE MAYOR REGALADO, CITY ATTORNEY AND CITY MANAGER MEET TO DETERMINE TYPE OF EDUCATIONAL INFORMATION AND PRODUCTION FORMAT TO BE USED IN NET 9 TO PROMOTE SAVING THE CITY -- FURTHER INSTRUCT CITY ATTORNEY TO ADVISE COMMISSIONERS OF LEGAL MEANS TO DEFEND SAVING THE CITY. 25-26 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 6th day of August, 1997, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 8:10 a.m. by Vice Mayor Tomas Regalado with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Aaron Weeks, Chief of Staff Mayor Joe Carollo An invocation was delivered by Commissioner Gort, who then led those present in a pledge of allegiance to the flag. 1 August 6, 1997 --------------------------- ------------------------------------- ------------------------------------------------ 1. (A) APPROVE SALE OF MIAMI SPRINGS GOLF COURSE (650 CURTISS PARKWAY, MIAMI SPRINGS) FOR THREE MILLION DOLLARS -- FURTHER AUTHORIZE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT PREDICATED UPON DEED RESTRICTION LANGUAGE REGARDING FUTURE CHANGE OF LAND USE. (B) DISCUSS AGGRESSIVE SALE POLICY AND DEVALUATION OF CITY -OWNED PROPERTY. (C) DIRECT ADMINISTRATION TO BORROW COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO IMPROVE POTENTIAL CITY -OWNED PROPERTIES FOR SALE -- FURTHER INSTRUCT CITY MANAGER TO RESEARCH STATUS OF PROPOSED STUDY FOR USE OR SALE OF BOBBY MADURO STADIUM. Commissioner Regalado: OK. Before we go into the main issue of this morning, we have to deal with another issue that is on the agenda. It's about the Miami Springs Golf Course. Mr. Manager, if you can start your presentation. Mr. Edward Marquez (City Manager): Mr. Vice Mayor, the Administration is highly recommending that the City sell it's real estate property known as the Miami Springs Golf Course to the sole bidder of... who had... to the sole entity that had submitted a bid; namely, the City of Miami Springs. We had sent out a... We had sent a bid, we had sent out packages to 256 potential bidders, and we've received only one bid. The reason why we believe that is so is because of the stringent zoning requirements on the piece of property, and because of the condition of the property. The bid that we received was the minimum bid of three million dollars ($3,000,000). That's currently above the appraisal price. It's also something that we believe is more than fair, given the fact that the property is in Miami Springs, and it's not within our domain, so there's no social benefit for us maintaining the site. This particular transaction is extremely important for our credibility as we go forward with our land sales. This is an item of the five-year plan that is due to be sold and closed for this fiscal year, and it's important. We have other land sales coming up in the near future, and it's important that the public knows that we will honor our commitment to sell our property when they meet the minimum bid requirements. Dena, you want to add? Ms. Dena Bianchino (Assistant Director, Asset Management): There's two other items I'd like to add to the record. Number one is that because the City of Miami Springs has said they will not change the zoning on the property, it did hinder the value, as the Manager said. But we are going to have a deed restriction that says that they cannot change the use of that property without our approval, and there will be financial consideration in that approval. And they understand what that means and they are agreed to it. The other issue is that we did associate a buyer's premium on this property. It's ninety thousand dollars ($90,000). Because the City of Miami Springs did not hire a broker, they must pay us the ninety thousand dollars ($90,000), so we will be getting ninety thousand dollars ($90,000) additional as part of the sale. Commissioner Regalado: I see here a note that says that 52 percent decrease in value, from 1989 to 1995, due to poor management and lack of maintenance. And I was wondering if you would tell us how this number came about. Ms. Bianchino: OK. We took... There were seven appraisals that have been done on the property, starting in 1989, and we took... we went from the highest value, which was in 1989, to 2 August 6, 1997 the lowest value, which was the latest appraisal, and we calculated that it has decreased in value by 52 percent over that time frame. And the reason is that it was not operated in a professional manner. People played on that golf course without paying. They could go on the course and no one would stop them. It's in very bad condition. I might tell you that the average number of rounds of golf expected to be played on a Florida golf course is 60,000 rounds a year. Our golf course was generating perhaps thirty. So the business just wasn't there the way it should have been. And that, I think, was another reason why buyers were skeptical of this property, because the rounds were so low. Commissioner Regalado: The reason that I mentioned this is because I see a pattern in the City properties. If you look at the property in Northwest 27th Avenue and 1st Street, every week you see the property getting worse. And I really don't know if we should try to do something, or just expedite the sale because it's... If we go by the one on Northwest 7th Street and 13th Avenue, it's the same case. And I don't know about Firehouse Four, but it seems that most of the properties that we have are experiencing a situation that could be similar to the golf course. I don't know if the Administration has any ideas as to what to do. Either try to expedite the sale or... because I understand that, for instance, in the Northwest 27th Avenue property, we did not get any bids. Ms. Bianchino: No, sir, we did not. And I think that part of the reason is what you just raised, that the condition of the property is horrible. And what we're doing right now is trying to figure out if it's to our benefit whether to tear that building down all together and just sell the land, because the reuse on an old fire station is questionable for commercial use. I agree with you that the Northwest 7th Street property is also in bad condition. Unfortunately, we do not have funds to improve the property at this time, nor would it be prudent, because we don't know who might be interested in buying it. We may, again, consider tearing down that building to see if that might interest the brokerage community further. Vice Mayor Regalado: Commissioner? Commissioner Gort: Two questions. One is the... Let's face it, we're not an expert, as government, in real estate. And I think at one time we had a presentation from an individual in the private sector where they believed they could get better deals for us. My understanding is we do the advertising, and we do the bids and all of that, and I don't know if the business world really looks at this thing. I think somehow the Administration should look into contracting a professional to put the properties out for bid. And not only here in Miami, because the problem is in Miami. Everybody thinks we're doing a fire sale. We're not doing a fire sale. I think there's a lot of people interested in investing in the City of Miami. Somehow, I think we should get a national firm or someone that could have national representation where this property could be shown around. Commissioner Plummer: Absolutely. Commissioner Gort: I think we need to do that. I don't think we're in the real estate business. I mean, we have always in the private sector hired professionals to do our work. I think we should do the same thing. And I think staff has gone beyond the call of duty to try to do those things. I'm sure we can get people to buy this property. My number two question is: My understanding in different debates that I've been with different individuals, City property, the appraisals were the highest in 1992. They started dropping in '94, '93, '95. '96, '97, they went back up again. My understanding is property value, according to the Dade County Tax Assessor, today is right up to the same level as in 1992. That's the information that I have. The reason I'm asking that question is as I look at the survey... I'm mean not the survey... Commissioner Plummer: Higher. 3 August 6, 1997 Commissioner Gort: ... the appraisal that we had in '92, the value we had in '92 was thirty-seven five. Ms. Bianchino: Commissioner, let me respond to both of the items that you brought up. First of all, the issue of using real estate brokers. We are 100 percent in agreement with you. Unfortunately, by Charter, we're not allowed to hire real estate brokers. The way we got around... I know you... We did it on St. Hugh Oaks. That was because it was an affordable housing project. Commissioner Gort: Right. Ms. Bianchino: If we could have the ability to hire a national firm, we would be pleased. Commissioner Plummer: Why can't we? Commissioner Gort: Question. Can't we have a competitive bid? Commissioner Plummer: Are you... excuse me. Are you telling me we can't issue a professional contract? Commissioner Gort: On a competitive bid basis? Ms. Bianchino: I'll defer to the City Attorney. Commissioner Plummer: Hello? Ms. Bianchino: My understanding is that we can hire a consultant. We could hire the broker as... Commissioner Plummer: So call it what you may. Ms. Bianchino: No, no. Commissioner Plummer: It's the same thing to accomplish the better end. Ms. Bianchino: The problem is that if you hire them as a consultant, they will not get their brokerage fees, and that's what they're interested in. Commissioner Plummer: Can you not hire them at any consulting fee that you wish? Ms. Bianchino: If the Commission so directed us. Commissioner Plummer: You know, as it used to be said, don't tell me how we can't do things. Tell me how we can do them. That's what I want to hear. Mr. Marquez: We're ecstatic to reexamine this possibility, because like Dena had said, we would love to do it. Commissioner Plummer: If you ran your private business as you're running this here, we'd all be in the poor house. I mean, it's... Find a way. Find a way. There's got to be a way. There's nothing illegal, immoral about trying to get a better price for the City. And that's what we're trying to accomplish. 4 August 6, 1997 Ms. Bianchino: Commissioner, let me tell you that that's what we're trying to do. And just to give you a little background on this issue, we did hire a golf course consultant who is extremely familiar with these types of transactions. NOTE FOR THE RECORD: Mayor Carollo enters the Commission chamber at 8:20 a.m. Commissioner Plummer: Good morning. Ms. Bianchino: And he showed this property to every major golf course operator and developer in the country. It was exposed. We exposed the property to over 600 real estate brokers. It's been advertised everywhere. It's been advertised in national golf publications. I agree that a broker is better, but I think, given our constraints, this property has been marketed. In regard to your second point about the value of property increasing, if you look at this property, and you look at its history and its condition, and you run the numbers on it, and someone buys it for three million dollars ($3,000,000) right now, today, they're only going to make about a ten percent return on their investment for a very risky operation. Golf course operators look for about 18 percent return. Given the amount of money that has to be put into this golf course to make it marketable, the numbers are... this three million dollars ($3,000,000), it doesn't work. That's why Miami Springs was the only bidder. Commissioner Gort: That's my next question. My understanding is the value of land depends on the use you can give to the land. Ms. Bianchino: Exactly. Commissioner Gort: I mean we've seen this before. Now, my understanding is that the zoning is restricted for parks only. Ms. Bianchino: That's correct. Commissioner Gort: That's the zoning that it has. You will have in the contract that if zoning is changed by Miami Springs, we will have to have a say-so, and that if there is a gain, will be... the profit will be split with the City of Miami. Mr. Marquez: Correct. Ms. Bianchino: That's absolutely correct. Commissioner Plummer: Well... excuse me, make... Mayor Carollo: What does it come to per acre on the three million dollars ($3,000,000)? It's 183... Commissioner Plummer: Sixteen thousand, four hundred and eighty-four dollars ($16,484). Mayor Carollo: Sixteen thousand... Commissioner Plummer: Four hundred and eighty-four dollars an acre. Mayor Carollo: OK. It's more or less what farmland is going for in the Redlands. 5 August 6, 1997 Commissioner Plummer: Yeah. That's about right. Mayor Carollo: The problem that we have, J.L., is the following: We cannot have the property appraised for anything else than what it's zoned for. This is not a case that you could go into that golf course and have it appraised for other uses, because it's not permitted. The only body that can change that is the City of Miami Springs. And the only way that we could be guaranteed to make more money on that golf course would be if the City of Miami Springs signs off and agrees that if they change the zoning or sell that for anything else in the future that's different than a golf course, and they're going to make additional dollars, we split anything above the three million that they gave to us. Now, let me go a little bit into history to show you what's been going on with this golf course. But really, it's a history of not only the Miami Springs Golf Course, but in a big way, it shows you what's been going on throughout the whole City in the past. In 1989, we had two appraisals on this property. August 11, 1989, one appraisal came in at three million, three hundred fifty thousand; September 11, '89, three million eight hundred thousand. We go to March 11, 1993... or actually, excuse me... Commissioner Plummer: '92. Mayor Carollo: Yeah... no, '93 we have one. Two million, eight hundred thousand. We go to 11/10/93, two million, eight hundred thousand; 6/16/95, two million, nine hundred thousand; July 6, 1995, two million. I wasn't around when all that happened. But it shows you that the Administration of this City was just letting all our properties just go to the dogs, while we were being told what great shape we were in, how great things were. And this was happening not just to the Miami Springs Golf Course, but this was happening to every single property that this City owned. Now, I don't like selling 183 and a half acres for the price of farmland in the Redlands. In fact, you find farmland in the Redlands even a little... Commissioner Plummer: Might be even more. Mayor Carollo: ... more expensive than what we're contemplating selling this for. But I don't see what choice we have, if we want to sell this and make any kind of money, because we're not going to make any more money on this in the future, unless we spend a significant amount of dollars in that golf course. Commissioner Plummer: Or somebody else. Mayor Carollo: Or somebody else does. And I'm not about to vote for another Melreese Golf Course deal. That, you can be sure of. So... Commissioner Plummer: Let me ask a question, if I may. In the hazardous... if hazardous material is found, who pays for the removal? Ms. Bianchino: The situation is this. We've done a phase one environmental on this property. It does not call for a phase two. There are some small items of concern. Miami Springs is going to get an environmental firm to go out there and look at these areas of concern, and come up with a plan for mediating them. If they exceed any DERM (Department of Environmental Resource Management), State or Federal standard, then they have the right to come back to us and talk to us about the remediation, or they can walk away from the deal. We would wait until the time that they do their studies, and we would then sit down and talk to them about what the issues are, and how we may or may not be involved in that. Commissioner Plummer: Do we have the same right to walk away from the deal? 6 August 6, 1997 • • Ms. Bianchino: No, we don't. Commissioner Plummer: We do not? That's nice. Let's go to the next stage. Let's go to the next question. The... why do we have an escrow agent? Who is the escrow agent? Ms. Bianchino: We have an escrow agent because they're going to put down a ten percent deposit. Commissioner Plummer: Who is the escrow agent? Ms. Bianchino: The escrow agent is named in the contract. His name is Michael Burke. Commissioner Plummer: Who is he and why was he chosen? Ms. Bianchino: He was chosen because it was at the option of Miami Springs, and that's who they chose. Commissioner Plummer: And what fee is he receiving? Ms. Bianchino: I don't know the answer to that, but it's not coming out of our money. Commissioner Gort: It's paid by Miami Springs. Commissioner Plummer: Huh? Commissioner Gort: It's going to be paid by Miami Springs, not by us. Commissioner Plummer: And they chose the escrow agent to hold our money? Ms. Bianchino: Yes, but... Commissioner Plummer: Is that what you're telling me? Mayor Carollo: That's normal... Ms. Bianchino: That's common. Mayor Carollo: ... in any real estate business transaction. Unless the money would have been given to the former Finance Director to hold in escrow, I wouldn't be concerned. Commissioner Plummer: OK. The final question that I have. You're talking about that if it ever changes, there would be financial consideration for the City of Miami. You have nothing negotiated in any way, shape or form. Mr. Marquez: Well, the... Commissioner Plummer: No, it's not 50150, not in this contract. They took it out. Mr. Marquez: It's not.. Commissioner Plummer: They took it out. OK? Mr. Marquez: The financial consideration... 7 August 6, 1997 Commissioner Plummer: Is to be negotiated. Mr. Marquez: ... is to be negotiated. However, our approval is mandated. Commissioner Plummer: Unless you go to court. Mr. Marquez: They cannot change zoning without our approval. A. Quinn Jones, III, Esq. (City Attorney): Let me make a point of clarification. It's not the change of zoning. It's the change of use of the property. Commissioner Plummer: That's correct. They can put anything in there that they want, and they have the control of zoning. There's 30 acres back there that's not even a golf course. It's just vacant land. And you're giving away that vacant land for sixteen thousand dollars ($16,000) an acre. I can understand... Ms. Bianchino: Commissioner, that's a well field. Just understand that. Commissioner Plummer: Excuse me. It is not part of the golf course. Ms. Bianchino: It's part of the property that we're selling. Commissioner Plummer: It's part of the property, but not part of the golf course. And that land could be used, and siphoned off, and sold for whatever the City of Miami Springs wants to use it for, and we might get something or we might not. Hey, look, I'm saying to you, this is not a good deal in my estimation. As the Mayor said three or four months ago, this should be worth five to six million dollars ($6,000,000). The value of property does not go down. Management be damned. The value of property does not go down. It's almost to me an insult for the City of Miami Springs to say that their property out there is worth sixteen thousand an acre. You can't buy a single-family resident piece of property for less than fifty, sixty thousand dollars ($60,000). All I'm saying to you is I'm not voting for it. I think it is a bad deal. It is setting a precedent. We were not going to go into fire sales. We had one bidder. I wish the Carollo Amendment involved every piece of property we sell. Mr. Marquez: It does. Commissioner Plummer: So I've made... Mayor Carollo: I wish that people would have felt this strongly back when we were voting for Melreese Golf Course. Commissioner Plummer: That's right. Commissioner Gort: Mr. Mayor, one question, once again, because I want to make sure, statements we make here, that we are clear. My understanding is the price on land. depends on the use of land. Ms. Bianchino: Absolutely. Mayor Carollo: That's correct. Absolutely. Commissioner Gort: My understanding is, from what I've been told by my professionals and my people outside, the property that J.L.'s talking about is a well, that nothing can be built in there. 8 August 6, 1997 Commissioner Plummer: No, that's not true. Ms. Bianchino: OK. Let me... Commissioner Plummer: No, that's not a true. statement. Ms. Bianchino: It is a well field. They... the City of Miami Springs could put on there recreational facilities, ball fields, perhaps a driving range, things of that nature. And, again, if they change the use of that 30 acres, our covenant comes into play. Commissioner Gort: That's my next question. Ms. Bianchino: It's not separate. Commissioner Gort: That becomes part of the whole piece. If they change the land use in there, that would come to us. Ms. Bianchino: Yes. Commissioner Gort: Can we determine what we'd like this split to be, if there's a profit to be made in case of the change of use? Because I can understand that if they invested money in the golf course and the golf course goes up, that's their investment. They should get their return on their investment. But if they have the land use changed and they're going to profit out of that, I think we should have at least 50 percent. Mayor Carollo: Yep. That's exactly what I said before, Commissioner, and that would be my position. Basically, what we're being asked to do here today is to approve a resolution so that you can negotiate with them and come back with... Ms. Bianchino: We've negotiated. OK. This... I understand what you're saying, and we can go to them and ask for 50150. But let me just... 'I just want to go on the record with this. It's very hard to define 50150, if you're talking about, say, a lease situation. They may decide to lease this property. We may want to get a percentage of the profits on this. We may want to deal with it in a different way. Commissioner Gort: Excuse me. I think J.L. made a statement which is very important. When you want to do something, you find ways to do it. I make this statement: If you're going to utilize it as a golf course, you make improvement as a golf course, you lease it as a golf course, that's different. Ms. Bianchino: Right. Commissioner Gort: Then I don't think 50150 will come in. Ms. Bianchino: Right. Commissioner Gort: Because that's up to them to make the investment. They improved it and they should have the return on their investment. But if they have a land change, a land use change, and they're going to profit from the land use change, we should have 50 percent of that. And you can put that in the contract. I mean, attorneys can do that. Mayor Carollo: I fully agree with that, Dena. Now, is the Mayor of Miami Springs here or the attorney? 9 August 6, 1997 0, 0 Ms. Bianchino: The Manager informs me that he has no problem with that. Commissioner Gort: The Manager is a businessman. He understands. Mayor Carollo: Yeah. Mr. Manager, would you care to address this Commission on any of these issues? Please feel free to. Mr. Frank Spence (City Manager/City of Miami Springs): Yes, sir. My name is Frank Spence, City Manager of the City of Miami Springs. Commissioner Plummer: Welcome home. Mr. Spence: This represents the fifth straight year... Commissioner Gort: He's welcoming you home. Mr. Spence: ... I've been before this Commission requesting the City sell the golf course to the City of Miami. I understand your concern, and I can only reiterate that it is the unanimous position of our City Council that the use of that property will remain a golf course, and recreational uses only. This is in our comprehensive plan. Our citizens overwhelmingly voted for a bond issue. Eighty-two percent voted for a bond issue to purchase this. So our residents want it very much. They are willing to invest millions of dollars to upgrade it, which is definitely needed. This 50 percent did come into negotiations with the previous Administration, and we have no problem. This protects your interest. That's why the clause says not only change of zoning, but includes change of use, and it is our full intent that it will continue to operate as a golf course, country club and recreational facility. Commissioner Gort: Two things, Mr. Manager. As a fellow City, you have to understand, whatever we do in the City of Miami, all you have to do is look out there. Closing of a gate is an international news in the City of Miami. So we have to be very careful when we make a decision. J.L. has brought up some good points, but I also want the public to understand the only value... the only use they can have is for golf course and recreation. Mr. Spence: Yes. Commissioner Gort: And if it takes a change and you're going to profit from it, we have to be your partners, and profit along with you. Mr. Spence: Absolutely. Commissioner Gort: Number two. Is that general obligation bonds that you're using to buy this? Mr. Spence: Yes, sir. Commissioner Gort: OK, great. Mr. Spence: General obligation bonds. Commissioner Gort: OK. So general obligation bonds that go out for 20 years? Mr. Spence: Yes, sir. Commissioner Gort: Which guarantees it's got to be used... 10 August 6, 1997 Mr. Spence: Yes, sir. Commissioner Gort: OK. Mayor Carollo: Mr. City Attorney? Mr. Jones: Yes. Mayor Carollo: On page 8, number 7, deed restrictions. Is this language, in your opinion, sufficient enough that if they ever want to change the use of that property in any way that they would have to get our approval, otherwise they cannot do it? Mr. Jones: Give me a second, if you would, Mr. Mayor. Mayor Carollo: It's page 8, number 7, deed restrictions. Mr. Jones: Again, Mr. Mayor, the only clarification that needs to be made in here... Because as I mentioned before, there was this talk about the covenant having in it the change of zoning. If there was any change of zoning, it would require approval. In our opinion, that's not a valid... that would be an improper delegation. What we will do is, to ensure that the language contains sufficient protection, that if the land use changes, that we will be compensated... receive fair consideration for that. So with that clarification, this covenant would be acceptable to us and protect the City. Mayor Carollo: OK. Then that needs to be changed, then, because... Ms. Bianchino: Zoning's not in there now. Mayor Carollo: My vote would only be predicated on that change. That's the only way that this City will be assured in making additional dollars in the future on this piece of property, because there's a parcel there that they can cut up, resell, sell, lease, and it would not affect their golf course at all, and they know that. So... But unfortunately, they hold all the cards, because they own the rights to the zoning there. Ms. Bianchino: We will make the change in the... Mayor Carollo: Any further discussion from the Commission? Commissioner Regalado: Mr. Mayor, I think that J.L. is right in what he's saying, but I don't think that this will bring a pattern in the properties. We've discussed this several times, and this is the only property outside the City of Miami limits, and it... we have to deal with this. And what I said before when you weren't here, and what I'm saying again now is that I think that we should be more aggressive on the property sales, if we decide to sell a property. I am really saddened by the situation of several properties in the City of Miami. There is one that I mentioned in Northwest 27th Avenue, another in 7th Street, and there is one that is part of the history of Miami and that I see every day worse and worse, which is the Bobby Maduro Stadium. So I think that this should be seen as an alarm sound for the City of Miami, and we should look more deeply into these sales and we should market... I don't see why not... we cannot hire a real estate broker and be more aggressive in explaining to the potential buyers these properties. I would not agree with what has been said here in terms of demolishing some properties and sell the land, because who is going to pay at the end of the day for this demolition? So I am ready to vote on this one, but I don't think that this will bring a pattern and that we should be more careful with the properties that we have left and we have said that we will be selling. 11 August 6, 1997 Commissioner Gort: Mr. Mayor. Mayor Carollo: Yes, Commissioner: Commissioner Gort: I would like to give a suggestion to staff and maybe... You know, Regalado's making some good points. Some of this property, maybe we can borrow from CDBG (Community Development Block Grant), and once this property is sold, that money that was used to improve the property to get the benefit, put it back into CDBG. That's something that you should look into. At the same time, my understanding is there's people out there that we told them about a year ago to do a study of what to do with Bobby Maduro Stadium. I think we should call those individuals and see if they have a plan ready to come in front of us. If not, let's look for somebody else. Mr. Mayor, I'm ready to make a motion. I think we've looked at all the other options, but I have one more question. What does Miami Springs cost us every year? Ms. Bianchino: I believe that we're losing about a hundred and thirty thousand dollars ($130,000) a year on that course. Commissioner Gort: Which is something in addition that we're going to be saving... Ms. Bianchino: That's exactly correct. Commissioner Gort: That is a hundred and thirty thousand dollars ($130,000) that the City of Miami would not have to spend on this. Being... going over the details of it, going through... given the restrictions that the land has, and it can only be used for park facility, and if any land use is changed, we would profit along with the benefit that the City of Miami Springs has on a 50150 basis, I move for approval. Mayor Carollo: There's a motion for approval. Is there a second? Commissioner Regalado: Second. Mayor Carollo: There's a second. Any further discussion? Any further statements? I would like to make one. If this piece of property was within the City of Miami City limits, we would not be here today discussing this, because we would have changed the zoning on it, we would have done the appropriate thing in taking the steps necessary so that this property would be sold or leased for a lot more money than what we're discussing today. But this is not the Melreese Golf Course that is in City limits, and we certainly could have done that then; not what happened some time ago. What we're doing today is the responsible thing to do for this City, and that is to sell a piece of property that is not within the City limits that we're losing money on every year, that the City will get... while not the money that we think we should get for it, but still a substantial amount, three million dollars. Knowing that if, in the near future or at any time in the future, they would sell that property or lease that property, change the zoning for anything other than the use that it presently has, the City of Miami will receive at least 50 percent of those profits. So having said that, if you can call the roll, Mr. Clerk. 12 August 6, 1997 11 Ll The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-558 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE SALE TO THE CITY OF MIAMI SPRINGS OF CITY -OWNED REAL PROPERTY, WITH IMPROVEMENTS, CONSISTING OF APPROXIMATELY 182.27 ACRES, AND MORE COMMONLY KNOWN AS THE MIAMI SPRINGS GOLF COURSE, LOCATED AT 650 CURTISS PARKWAY, MIAMI SPRINGS, FLORIDA, AT A SALE PRICE OF THREE MILLION DOLLARS ($3,000,000), AND SUBJECT TO CERTAIN DEED RESTRICTIONS PROVIDING FOR CITY APPROVAL IN THE EVENT THAT THE PROPERTY IS UTILIZED FOR PURPOSES OTHER THAN RECREATIONAL; MAKING FINDING OF FACT THAT THE SALE TO THE CITY OF MIAMI SPRINGS, A GOVERNMENTAL ENTITY, IS EXEMPT FROM THE PROVISIONS OF SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH REQUIRES THE APPROVAL OF THE ELECTORATE WHEN LESS THAN THREE PROPOSALS ARE RECEIVED IN RESPONSE TO A SOLICITATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Some years ago, the City turned down an offer from Miami Springs for three million dollars ($3,000,000). To me, the property has enhanced in value. It seems, in my opinion, which I am entitled to, we're rushing at the first and only bid that has been proffered. I can't envision selling property in this community for sixteen thousand dollars ($16,000) an acre. I would much prefer to go back out and to .try to get a better offer, but that doesn't seem to be the consensus, so I have to vote in the negative. I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Ms. Bianchino: Thank you very much. 13 August 6, 1997 public forum like this before it's finished, because frankly, it would be counterproductive in finishing any kind of negotiations, based on many of the very same terms that you wanted. 14 August 6, 1997 Mayor Carollo: Surely. ---------------------------------------------------------------------------------------------------------------- 2. BRIEF DISCUSSION REGARDING NEGOTIATIONS WITH METROPOLITAN DADE COUNTY FOR THE F.E.C. / BICENTENNIAL PROPERTY -- FURTHER INSTRUCT CITY MANAGER TO APPRISE COMMISSIONERS OF NEGOTIATION'S DEVELOPMENTS. Commissioner Plummer: Mr. Mayor, can I ask a question, if I may? Mayor Carollo: Yes, sir. Commissioner Plummer: Mr. Mayor, I read in the paper on the front page of that daily thing, something about a deal with the FEC (Florida East Coast). Obviously... I'm sure you didn't give the information to them, but I would hope that this Commission would be informed by you that... of anything that is going on, because I am alarmed at what I'm reading in the paper this morning that could be a reality. It is my understanding that this Commission's policy was very, very clear, very, very simple, and there was no negotiation left after that. So all I'm saying is, is that I would hope that you're going to keep us, your Commission, informed before I read about in the Herald something that may or may not be true. And I'm receiving phone calls already asking questions, and I have to be honest and say I don't know. Mayor Carollo: Well, Commissioner, if I may be as direct as I can with you. Commissioner Plummer: Please. Mayor Carollo: One, which is no secret in town, I have been meeting with Mayor Penelas. Two, as I told the Miami Herald yesterday evening when I spoke to them, there was no deal that was struck, when I spoke to them. I think it was about seven -thirty or so, might be a little before seven -thirty. Lastly, so that you could be well informed, and I'm glad that you brought this up now, because I surely was going to, I would strongly suggest that the minute that this meeting is over, you meet one-on-one with the City Manager, since I cannot do this under our present form of government, and he would so bring you up to date, along with the other Commissioners, one- on-one, as to where we're at, and what is being discussed. Commissioner Plummer: That's fine, sir. It's just the idea that I think that we, the Commission, are entitled to know what's going on before a newspaper does. Mayor Carollo: Absolutely. Some of the information that you read there is not necessarily accurate. There are some things that are accurate, some that are not. So if you would sit with the Manager, which I would greatly appreciate it, he could fill you in. Commissioner Plummer: Well, Mr. Mayor, the only problem I have with that is to go forth with negotiations... that this Commission has set parameters, and to go forth to do anything other than what this Commission set as a policy troubles me. Because I don't want you to waste your time spinning the wheels downtown without some indication that this policy is going to change. Mayor Carollo: I appreciate your thoughtfulness very much, Commissioner. But, again, I have to ask you to meet with the Manager, one-on-one. That really is the appropriate way of doing it. We cannot open up anything that we're doing before it's finished - and this is not finsihed - in a public forum like this before it's finished, because frankly, it would be counterproductive in finishing any kind of negotiations, based on many of the very same terms that you wanted. 14 August 6, 1997 Commissioner Plummer: All right, sir. I will sit back. Commissioner Gort: Mr. Mayor, I have to, follow J.L. and echo what was mentioned. And I think you should mention to the individuals we're negotiating with that it's very important in the negotiations... It's very difficult when you get a call from your office asking you about something that is taking place and you don't know anything about it. I received the same call yesterday from the Herald, and they asked me the question, and I told them, "You know more than I do." I think you should... and I know you will. You will tell the people you're negotiating with and maybe they... I don't know what they're trying to do, if it's a game that they're trying to do, putting pressure through the press. Whatever they're doing, it doesn't work, because what happens is you have J.L. upset, you have me upset and we need to vote up here. They need to understand that, also. It's very disheartening when you get the press to call you and ask you a question, and you don't know anything about it. Mayor Carollo: All... all four of us well understand that, and this is why I've asked Commissioner Plummer to meet with the Manager one-on-one... in fact, for the Manager to meet with all of you one-on-one. I, too, felt exactly the same each one of you felt when I got the same phone calls. And there was no deal that was struck, when I received those phone calls. Commissioner Plummer: Well, Mr. Mayor, you know, maybe if you... Mayor Carollo: Nor did -I nor anyone from the City give any information, whatsoever, to any media in town. Commissioner Plummer: I'm sure of that. Commissioner Regalado: In fact, Mr. Mayor, it was the newspaper who, I guess, briefed us with the so-called details of the deal, and it seems that we're getting information from the media and not from the Administration. And like J.L., and Commissioner... Commissioner Plummer: Maybe we can hire Karen Branch as Manager. Commissioner Regalado: And maybe she can brief us more often. But I think that what I expressed is something that I hope, and I'm sure is the will of this Commission and the people of Miami, is that the Miami Heat will stay in Miami, and I would just hope that we can finalize whatever deal is done. But for the record, I was briefed by the Herald, and not by the Administration. Commissioner Plummer: Mr. Mayor, I would hope that we could have an understanding so that you're not wasting your time down there, because there were key issues, as you will remember, that without any question... Mayor Carollo: Commissioner, I assure you I am not wasting my time. I'm too busy to waste my time. Commissioner Plummer: OK. 15 August 6, 1997 ---------------------------------------------------------------------------------------------------------------- 3. RENDITION OF NATIONAL ANTHEM BY CHANTELL WILLIAMS. Mayor Carollo: If I could ask the members of the Commission if they could give us a couple minutes, because I'd like to bring a special treat for all of us before we go on to the next item. And if I can ask Chantell Williams to come up, and if she can sing for us a song that I think would be very appropriate on which to begin the next item, too. If I could ask everybody to stand up, please. Go ahead Chantell. NOTE FOR THE RECORD: At this point, Chantell Williams sings the National Anthem. (APPLAUSE) Mayor Carollo: Thank you very, very much, Chantell. Thank you. That's one of our own homegrown talents that I'm sure you're going to be hearing a lot from her in the future. In fact, we've already started hearing a lot from her across the country in different national television programs that have invited her to sing and participate in. ---------------------------------------------------------------------------------------------------------------- 4. SCHEDULE SPECIAL MEETING FOR FRIDAY, AUGUST 8, 1997, AT NOON, TO SELECT AND APPOINT CARETAKER COMMISSIONER -- FURTHER STATING THAT APPOINTED COMMISSIONER MUST COMMIT PUBLICLY NOT TO RUN IN NOVEMBER 4, 1997 ELECTION -- ESTABLISH SELECTION GUIDELINES. Mayor Carollo: The next item that we have on the agenda is an extremely important item for this Commission and this community. What I'd like to do today is to set the parameters of how this Commission wants to go about in choosing the replacement for the Commission seat that I have at my right. I think that we need to decide if a majority here wants to bring the seat up to an election or not. That's the first thing that we have to do. If we want to bring it up to an election, that's quite simple. That can be done right here when we're finished. If not, then we have to decide the steps that we want to proceed with in going about and choosing a Commission replacement for the seat. 1, for one, am not ready to make a decision today. Unfortunately, I've been pretty tied up in other City matters, and I have not had the opportunity to meet with numerous individuals that would like to meet with me on this very important vote. But I think that we need to establish the parameters that we're going to follow. Mr. City Attorney? A. Quinn Jones, III, Esq. (City Attorney): Yes, Mr. Mayor. Mayor Carollo: When is the last date that we have to choose someone? Mr. Jones: The absolute last date for an appointment by this Commission would be August 9th, this Saturday. 16 August 6, 1997 Mayor Carollo: Saturday? Mr. Jones: And that's triggered by the date of the suspension by the Govenor, which was July 30th. So a vacancy was created as of July 30th, and you have ten days from that date, which brings it to August 9th, wherein you have the opportunity to appoint someone. Mayor Carollo: So this Saturday... and I would imagine Saturday at midnight? Mr. Jones: Yes. NOTE FOR THE RECORD: Commissioner Plummer exits the Commission Chamber at 8:56 a.m. Mayor Carollo: OK. If I could ask my colleagues if we discuss it, how many here would like to bring this to an election and how many would not? Commissioner Regalado: Mr. Mayor, if I may. Mayor Carollo: Yes. NOTE FOR THE RECORD: Commissioner Plummer enters the Commission chamber at 8:58 a.m. Vice Mayor Regalado: I have been saying publicly that I favor an election. I know that reading the newspapers, listening to the radio and watching television, all the members of this Commission have expressed their doubts about holding a special election, and the reason is logic. And it seems the right reason to oppose an election - economic. I sent a memo to the City Manager about two or three days ago, asking the City Manager whether we have the money to hold a special election, and the response that I have is that should the City Commission decide to hold a special election, we estimate the cost to be around one hundred twenty-five thousand dollars ($125,000). So my idea is very expensive. It's also probably a wrong idea because the City has gone through an economic crisis. But I still think that the election is the way to go for several reasons. It seems that we cannot avoid the discussion between the different communities as to who should fill the vacant seat of this Commission. I guess that we all agree that it should be a person of integrity, honesty, a person that will serve all the people of Miami for ninety days, and that that person should not run for an election in the November general election. But it seems that everybody agrees with that. However, what people do not agree with is from which part of the community this person should be chosen. And every time that this Commission makes a decision, even in a zoning matter, we make some people upset. So we're used to that. So my offer was not because I was trying to duck the issue, that I was trying to avoid the situation. We're used to making decisions here that upset people, be it for a zoning variance or a contract that we award. But my problem is that a few days from now, we are going to have an election that - it's not that it's important - is the election for the City of Miami. We are going to decide whether or not we have a City. And it seems that we, dealing with so many issues, have not campaigned for a City that everybody loves, but it seems that it has a lot of enemies within and a lot of people saying that our best bet will be to go to the County. You know, the other day, one of the leaders of this movement, Gene Stearns, was on Spanish radio. And I was really surprised to hear Mr. Stearns saying that he was very enthusiastic because the City of Miami will 17 August 6, 1997 0' 0 have, after the 4th of September, a young Cuban -American Mayor, Alex Penelas. Well, I think that that was really cynical on his part, because I don't think that he makes those comments on the Anglo radio or, for that matter, on the black radio. I don't know what he's saying on the black radio or the Anglo radio, but certainly, he's not pushing Penelas for Mayor of what used to be known as the City of Miami. So what we have here is a situation wherein we need all the communities. Yes, the Hispanic community is the majority of the voters of the City of Miami, and yes, tradition tell us that the Hispanics go out and vote in greater numbers than in other cities or other communities. But on the September 4th election, we don't want or need a simple plurality. We need a mandate. The City of Miami needs more than 80 percent of the vote to say yes, if we are going to bring more life into this City. We should... and we cannot be satisfied with a 51 percent vote in favor of the City of Miami, because then we will be dealing in the future with the anguish that a lot of people do not want the City of Miami. So it's because we need all the communities that I have asked for an election. Is it wrong because we are expending a hundred twenty-five thousand dollars ($125,000)? Well, yes. We have just been told that we're going to save a hundred and thirty thousand dollars ($130,000) that we were losing in the Miami Springs Golf Course. Is it wrong that we are going to spend a hundred twenty-five thousand dollars ($125,000) for an election for a short period of time? Yes, maybe. But at the same time the Administration of the City of Miami, which needs to bring a work force that is really willing to do something for the City of Miami, is making a lot of promotions, a lot of raises that I believe are over the cost of that election. Yes, we do want a government that works. We want to have our employees happy, but the City of Miami is not the City government. The City of Miami are the citizens of Miami, all the residents of Miami. And if we were to ignore the residents of Miami, and their will, and decide to appoint somebody, I think that this, as in a zoning matter, will make some people upset. And what we don't want, we don't need, are people upset, only a few days away from the election. So this is why I asked for a special election. Would it be unfair for the people who would want to run to spend a lot of money to run in the Citywide election only for a short term? Probably, yes. But if you want to serve, if you want to love your City, if you really want to be a servant of the people, you're willing to do that. So I still think that a special election is the way to go. I still think that the City of Miami... If, by the way, we were to try to find the funds, we don't have to cut some employees or eliminate recycling for the rest of the fiscal year. I think that in the promotions and in the raises that, rightly so, have been made, we can find the money. I think, and I believe, that a hundred and twenty-five thousand dollars ($125,000) is a small investment for peace in this community. And this is why I have said in the past and I still think that a special election is the right way to go. This what I have to say... and I know that all the odds are against this idea. But I still think that if we're going to talk about money, then we have to talk about money. If we're going to talk about spending a hundred and twenty-five thousand dollars ($125,000), then we're going to have to talk about spending a lot of money in other things that we have approved here, or things that the Administration is doing. So this is not about economics. This about the will of the people. This is about the decision of the people of Miami. This is about an election. And I believe that here in the United States, that is the first thing that people think when an empty seat has to be filled. That's what I... all I have to say, Mr. Mayor. Mayor Carollo: Commissioner Gort. Commissioner Gort: Well, I'd like to offer the other side of the coin. I understand money is not the only issue, but you also have to understand to put someone to go through a general election, I don't think anyone is willing to go through a general election just for four months and then go into a district election... three months. It's going to be six meetings. My understanding is we made a step forward when we... go ahead and created the districts. I think once we approve the districts on September 4th, as we will approve the City of Miami staying alive... And the reason we'll approve it is because we'll go out with the figures and the numbers, and we have to remember that the persons that signed for the petition to take the City questions to a ballot signed under the pretenses that they were going to reduce their taxes by 50 percent. Their argument is, 18 August 6, 1997 we're going to reduce the taxes by 50 percent and we're going to increase the services. If they can do that, I'd like to see that. That'll be... But I think it would be very unfair to ask an individual to run, get elected, and then have to run again in three months. I don't think that individual, when he sits here, is going to be worrying about the City government. He's going to be worrying about getting reelected, about raising money and going around to the different meetings. And you and I know that it takes at least two hundred thousand dollars ($200,000), a large amount of money, to have an election Citywide. I think it's our job to appoint the person we think best could justify and administrate the office for the next three months. And it's our job to go to the public and sell to the public, not only the City of Miami, but the districts, because that's important. Once we have the districts, everyone will be able to get elected and everyone will be represented in the City of Miami. That's the reason. It's not the money alone. And I understand decisions what we make here, people are not too happy. But I also have realized that if we go to the radio, and we talk to the people, and we explain the reasons why we do things, people tend to understand. I think at first, a lot people were afraid of the districts. I think now that we have made our selections and they have seen the districts, people are more in favor of it. People understand that representation will be there. I think it'd be very unfair to put the City of Miami citizens to an election on September the 4th, an election September the 9th, and then elections on November 4th and 13th. I think it would be very unfair. I think we should go ahead and make the decision, select the person that we believe can bring this community together, and make the decisions for the next three months. NOTE FOR THE RECORD: Commissioner Gort exits the Commission hamber at 9:11 a.m. Mayor Carollo: Commissioner. Commissioner Plummer: I think the City Charter... I think the City Charter has a provision that speaks to the issue that we're faced with here today, and that is giving this Commission the right to make an appointment. The seat that is in question is a seat which will be up for election in November and the people will have the right to speak. As far as I'm concerned, it's very, very clear. I am totally opposed to an election. I personally think that it's money that we could not... ill afford or we'll not be able to afford. And, Mr. Mayor, I'm prepared today to vote for Thelma Gibson. I'll be prepared tomorrow and I'll be prepared on Saturday. I will respect your right to have the opportunity to wait until Saturday or any date that you wish to ask for the vote. But unless Thelma Gibson told me she's not wanting the position or would not accept it, then I'm prepared to vote for her, with the proviso - and I would hope that any person that got that appointment - that they will not run in November to have a distinct advantage of being an incumbent. Thelma is well known in this community. She has served this community, and I've already cleared with the City Attorney that I have no conflict because I serve on her board of the Gibson Memorial Foundation, that I can vote for her or even, if necessary, nominate her. So... NOTE FOR THE RECORD: Commissioner Gort enters the Commission chamer at 9:13 a.m. Mayor Carollo: Thelma might have a conflict with you, you know Commissioner Plummer: That might be. Mayor Carollo: ... all the money you've been raising there. 19 August 6, 1997 0 Commissioner Plummer: That could very easily be. But, Mr. Mayor, that's where I'm at. I'm opposed to the election. I think that we should make the appointment. I'm voting for Thelma Gibson today or tomorrow... only if she were to tell me that she doesn't want the position. And I'm ready at any time you're ready to make your vote. And I'm not trying to force the issue, because I want to give you as much time as you feel that is necessary for you to have your decision as the right decision. And that's where I'm at. Mayor Carollo: I appreciate that, Commissioner. Let's take one step first. There are two members of the Commission that have expressed themselves for... Commissioner Plummer: OK. You want a motion? Mayor Carollo: No, I don't think we need a motion for that, really. We should discuss it. Two members have expressed themselves in favor of appointing someone and one member has expressed himself in favor of having an election. Let me tell you where I stand. I think that all three of my colleagues have presented valid arguments here. I think that the Vice Mayor has been very sincere in presenting some of his arguments. Commissioner Plummer: I agree. Mayor Carollo: However, it's not only an issue of spending some one hundred twenty-five thousand dollars ($125,000), which is a real issue, because we're not talking about someone being there three months, like it's been suggested. We're talking about someone that by the time you have the election over and done with, is only going to be sitting there some 45 to 50 days. So you're talking about having an election for someone to sit down as a Commissioner that is going to serve less than two months, about a month and a half. This community, frankly, cannot go through an election every month. We cannot have an election September 4th, then have another election later on in the month of September, and then have another on November 4th. That is not fair to the residents of this community. And particularly when... I don't know of any other community that has been going through election, after election, after election, like we've had in the past year... special elections I'm talking about. At the same time, there are other factors that we all now have to be taking into consideration. And the last thing that we need to see happen in this community is to have one more divisive campaign, so that someone could sit here for 45 days. It's not correct. That's why my position is that we need to appoint someone. And I think by my having said that, it's clear then that it's a three/one vote for us to appoint someone. And if it's all right with the Vice Mayor, then we'll proceed to discuss how we want to go about in choosing someone. Commissioner Regalado: Yes, absolutely. Mr. Mayor, I just wanted to say that... I said at the beginning of my statement that I knew for... statement on the press that the will of the members of this Commission was to appoint somebody, but I just wanted to, on the record and publicly, state my position regarding this election. I thought and I think that this was the right thing to do, but I do respect the will of this Commission, and I am ready to participate in the process of appointing somebody, because I think that the history of this Commission, since the beginning of this crisis, has been that we all take responsibility. I do not want to just be out of this responsibility that this Commission will take on in the next hours or days, or whatever the term is. So I am ready to participate in the process and I... And whatever, whatever decision this Commission takes, even if I'm not in favor, I will publicly try to explain and defend that decision that this Commission will take. So I am ready to participate, and I will also share any responsibility that this Commission will assume. Commissioner Plummer: Once again, you were briefed by the Miami Herald. 20 August 6, 1997 Commissioner Regalado: I was. Commissioner Plummer: Yes. Thank you... Mayor Carollo: Let's go on to the next step, then, now that that's clear where we're heading. Before we meet again, I want to clearly establish the guidelines that we're going to follow in choosing someone. If I may suggest the following to my colleagues and bring it up to discussion to get your input. Once we meet again, if we can proffer names... Of course, for a motion to be considered, we would need for someone to make the motion and someone to second it. What... I may suggest that instead of doing it like we have done in the past, where we write down names in secret ballots and give it to the Clerk, once a motion and second is made, we take a roll call. Commissioner Plummer: Fine with me. Mayor Carollo: Is that all right with the Commission? Commissioner Plummer: I have no problem with that. Commissioner Regalado: It's much better, because we'll do it publicly. Commissioner Plummer: What he's saying down... is write down the names, give them to the Clerk, and then afterwards, have a roll call. Vice Mayor Regalado: And we don't need to hide away from the public or... or the public eye or the press. So I'm ready to do it publicly. Mayor Carollo: OK. If we could do it that way, then once we meet again and we'll discuss what day we come back. Then whatever names anyone would like to present to this Commission would be fine. We will vote upon whichever name is the first that receives a motion and is seconded for consideration. Commissioner Plummer: May be only one name. Mayor Carollo: Could be. If we don't agree on one name, then others could be brought up. Commissioner Plummer: Mr. Mayor, when are you anticipating calling the meeting? Mayor Carollo: The City Attorney said Saturday is the last day. I would like to see if we could meet on Friday, before Saturday. I would like to make this an evening meeting, or at least a late... Commissioner Plummer: Evening? Mayor Carollo: Well, at least a late afternoon, maybe five p.m. meeting, five -thirty meeting. Commissioner Plummer: Excuse me. I think too many of us have obligations Friday night. We have a wedding that most of us have to go to. Mayor Carollo: OK. You just reminded me. Commissioner Plummer: Yeah. Mayor Carollo: I think that I have a wedding to attend, also. 21 August 6, 1997 0 Commissioner Plummer: Yeah. Commissioner Gort: Very important wedding. Commissioner Plummer: That's right. Mayor Carollo: Yeah. Commissioner Plummer: It's not mine, so don't worry about it. It's only important if it were mine. Mayor Carollo: Plummer only does funerals. He only does funerals. No weddings. Commissioner Plummer: Well, there's really no difference between a wedding and a funeral. I mean... How about Friday morning at seven o'clock? Vice Mayor Regalado: No. Mayor Carollo: No, no. Not on a vote like this, Commissioner. Commissioner Plummer: Six -thirty? Mayor Carollo: You're going to have to make an exception and, you know, not wait at the funeral home for business to come. If I may suggest maybe in the afternoon on Friday... Commissioner Plummer: Three -thirty is the funeral... I'm sorry. The wedding is at three -thirty. Mayor Carollo: You're getting your funerals mixed up with the weddings. Commissioner Plummer: No. The only difference between a wedding and a funeral, I make money at a funeral. Other than that, there's no difference. Commissioner Gort: That's how he does his marketing. Commissioner Plummer: Bring back the suit with a zipper. Mayor Carollo: I'm glad you cleared that up for us. Commissioner Regalado: Mr. Mayor, I would suggest... Mayor Carollo: Saturday morning, if we could meet then, say at ten -thirty in the morning? Commissioner Plummer: Seven o'clock? Mayor Carollo: No, sir. Commissioner Plummer: But you ruin the whole day at ten -thirty. You guys get out of bed and get off your duff. Mayor Carollo: Commissioner, believe me, I'm up way before you're up, I assure you. But... Commissioner Plummer: Well then, why waste... Mayor Carollo: Seven a.m. is not right for many people. 22 August 6, 1997 0 Vice Mayor Regalado: Mr. Mayor... Mayor Carollo: I don't want anybody to say that we are purposely calling meetings after meetings, after meetings at seven a.m. because we do not want the public to attend. Commissioner Regalado: Mr. Mayor, I'd like to offer a noon meeting on Friday. Commissioner Plummer: You guys know how to kill a day. Commissioner Regalado: The reason that I'm saying this, I'm... you know, I'm fine with seven a.m., five a.m. or three a.m. I have no problem. But the problem is that we... The public wants to know about this issue. And it's not that we are trying to accommodate the press, but it is that we need... If we want to inform the people, if, like Willy, and J.L., and I and you want to do, and talk to the people, we have to do it through the media. You cannot expect on a Saturday the same coverage that we will get on a Friday. And if we... Mayor Carollo: Noon Friday will be fine for me, Commissioner. Commissioner Plummer: Friday, what? Mayor Carollo: Noon at Friday. Commissioner Plummer: That's fine with me. Yeah, that's fine with me. Mayor Carollo: OK. Commissioner Plummer: Friday, at noon. Mayor Carollo: OK, Friday at noon. Commissioner Plummer: You serving lunch? Mayor Carollo: I will serve lunch. Commissioner Gort: Mr. Mayor? Mayor Carollo: Burger King or McDonald's, Commissioner. Commissioner Plummer: Yeah. Commissioner Gort: Mr. Mayor? Mayor Carollo: Yes. Commissioner Gort: I stated in the past that the individual that we appoint to this position would be an individual that would commit not to run. Commissioner Plummer: Absolutely. Mayor Carollo: Well, that's three of us that have asked for that, and I think the Vice Mayor might have mentioned it, too. Commissioner Regalado: Yeah. I said I don't have any problem at all, and that I'm ready to participate in the process with those conditions. I have no... 23 August 6, 1997 Mayor Carollo: I would only give my vote to an individual that has to be, as I've stated, of the highest integrity and honesty, and that will commit publicly, and then in writing, that they will not run in November. Commissioner Plummer: It's of no consequence, legally. All right, are we finished with that issue? Commissioner Gort: No. Mayor Carollo: Do we need to make... take a vote, Mr. City Attorney of the timing of the meeting? Mr. Jones: No, you just need to take your vote on the meeting. Commissioner Plummer: So move, Friday at noon. Mayor Carollo: There's a motion by Commission Plummber, second by Vice Mayor Regalado that we meeting Friday at noon for the purpose of selecting a new Commissioner for the City of Miami. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-559 A MOTION SETTING THE DATE OF AUGUST 8, 1997, AT NOON FOR THE MIAMI CITY COMMISSION TO MEET, DISCUSS AND TAKE NECESSARY LEGISLATIVE ACTION TO FILL THE VACANCY PRESENTLY EXISTING ON THE CITY COMMISSION. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 24 August 6, 1997 ---------------------------------------------------------------------------------------------------------------- 5. INSTRUCT CITY MANAGER TO PREPARE AND TRANSLATE EDUCATIONAL PUBLIC INFORMATION DOCUMENT REGARDING SEPTEMBER 4, 1997 BALLOT ISSUE -- FURTHER REQUEST THAT COMMISSIONER PLUMMER, VICE MAYOR REGALADO, CITY ATTORNEY AND CITY MANAGER MEET TO DETERMINE TYPE OF EDUCATIONAL INFORMATION AND PRODUCTION FORMAT TO BE USED IN NET 9 TO PROMOTE SAVING THE CITY -- FURTHER INSTRUCT CITY ATTORNEY TO ADVISE COMMISSIONERS OF LEGAL MEANS TO DEFEND SAVING THE CITY. ------------------------------------------------------- -------------------------------------------------------- Commissioner Plummer: Mr. Mayor? Again, Mr. Manager, I have not seen anything from your office in reference to an educational piece for the September 4th election. We are sitting by, and I'm scared that Rome is going to burn. Mayor Carollo: It's sad, J.L. Commissioner Plummer: Well, that's what I've seen. Mayor Carollo: Commissioner Gort has been moving quite well there. Commissioner Plummer: I understand. All I'm asking is... Mayor Carollo: You know what I would suggest we do? Because I want to make sure that we're on firm ground on this one. J.L., if you could take the lead in meeting with the City Manager - City Attorney, particularly - to make sure that he guides you on what we can do and not do, legally, and the way we could do it. And then let's bring that up on Friday, so that we could deal with it, also. Commissioner Plummer: All right. What I was trying to deal with this morning, so we could have an answer on Friday, was that we instructed the Manager to prepare an educational piece for distribution to the public, not in any way influencing "yes" or "no" vote, but to give a full and complete educational process, so they could make an intelligent decision. I have not, as of today, less than a month away, seen anything. We also instructed the Manager to proceed to pay for a translator who would translate into Spanish, as I recall. I've not seen anything on Cable 9 or Cable Net, whatever you want to refer to it, in reference to an educational piece there. Mr. Mayor, I am concerned. I am concerned as to Tomas' point before. I would not be satisfied, but I'd be damned pleased to have 51 percent right now. I would not be satisfied. But all I'm saying is... Commissioner Regalado: Well, J.L., I think that you're right and I'm... just for the record, I'm just warning the Administration and the members of this Commission, I know that all the members of this Commission are really in touch with the people of Miami. But maybe I have a little advantage, because I do on -air program. I am telling you that as of yesterday, I had on the air many calls of people asking... people asking if they want Miami, should they vote "yes" or "no?" This is very dangerous, because we have said in the past and we approved... and we think that because we approve it, everybody knows that for Miami it's a "yes" vote. I have not... I have not seen yet a campaign, a structured campaign to inform the people. I... The people of Miami... some of the people of Miami do not even know at this moment if voting "yes" is for the City or voting "no" is against abolition. And there are some people that think that they have to 25 August 6, 1997 vote "no," because they do not want to abolish the City of Miami. So I'm warning the members of this Commission that we have a problem, and I believe that even if we are accused of using the resources of the City of Miami that we should use Net 9 to explain to the people, with live programs, taped programs, the text of this dissolution document, that we should do that aggressively in Net 9. If Mr. Stearns wants to file another suit asking for equal time, then so be it. But I think that we need to do this and we need to do it now. Mayor Carollo: Mr. City Attorney, can you please sit down with the respective Commissioners, Vice Mayor Regalado, in overseeing Net 9? Commissioner Plummer has brought up some very valid concerns, along with the Vice Mayor. We need for you to guide them in what can be done. Commissioner Plummer: Mr. Mayor, that was not my concern. Commissioner Gort: I'd like the Administration to answer J.L.'s question. Commissioner Plummer: Absolutely. You know, we're less than a month off and what... my understanding was that we allocated up to fifty thousand dollars ($50,000) for a piece to be established. You know what my greatest concern is? The people who want to vote to abolish the City don't know what they're doing. They have no idea what the consequences are, if they vote to abolish this City. Now, what I'm saying to you is, are we going to have this piece on September 5th? Bob Nachlinger (Assistant City Manager): The answer, Commissioner, is absolutely yes. We're... Commissioner Plummer: On September 5th? I thank you, sir. That's what I was scared of, exactly what I was scared of. Mr. Marquez: We're going to have it on the 5th. We're also going to have it probably within a week. Mayor Carollo: Well, that's what happens when you take everything for granted that the Herald writes, is that the 5th... in something I read recently, the election's on the 4th, not the 5th. Anyway, this meeting is adjourned. If you could all carry on that conversation after the meeting. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:31 A.M. JOE CAROLLO MAYOR ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 26 August 6, 1997