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HomeMy WebLinkAboutCC 1996-11-01 MinutesA k,- INCORIAIMMI) N r INDEX MINUTES OF SPECIAL MEETING November 1, 1996 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. DISCUSS LEGAL OPINION CONCERNING NO DISCUSSION 1-2 CONFLICT OF INTEREST ON PART OF VICE 1/11/96 MAYOR GORT REGARDING HIS VOTING FOR EDWARD MARQUEZ FOR CITY MANAGER. 2. A. DISCUSS SELECTION OF CITY MANAGER - M 96-813 3-12 MAYOR ESTABLISHES PROCEDURE FOR 1/11/96 PRESENTATION OF TWO FINALISTS: MICHAEL ROBER O AND EDWARD MARQUEZ. B. SELECT CITY MANAGER: EDWARD MARQUEZ. 3. APPROVE REQUEST BY WORLD VISION CUP TO R 96-814 12-13 Ciimm DATE OF SOCCER MATCHES AT ORANGE 1/11/96 BOWL FROM 10/2/96 TO 11/26/96. 4. MAYOR CAROLLO DIRECTS CITY M 96-815 13-14 ATTORNEY/TEMPORARY CITY MANAGER MERRREIT 1/11/96 STIERHEIM/THOMAS CONNALLY OF KORN & FERRY TO NEGOTIATE WITH NEWLY SELECTED CITY MANAGER EDWARD MARQUEZ TERMS OF HIS PROPOSED CONTRACT - FURTHER, BRING COMPLETED CONTRACT FOR RATIFICATION BEFORE CITY COMMISSION AT A SPECIAL MEETING TO BE ANNOUNCED. 5. MAYOR CAROLLO APPOINTS COMMISSIONER DISCUSSIO14 14-15 DUNN AS LIAISON TO INVESTIGATE INCIDENT 1/11/96 OF CHILD BITTEN BY RAT IN OVERTOWN - BRING REPORT FINDINGS BEFORE CITY COMMISSION - FURTHER, COMMISSIONER PLU4111ER REQUESTS DRAFTING AN ORDINANCE REGARDING TAT CLEARING AND GRASS MOWING TO BE CONSIDERED AT NEXT COMMISSION MEETING. 6. REQUEST FROM VICE -MAYOR GORT FOR PUBLIC DISCUSSION 15-16 TO TURN BEEPERS AND CELLULAR TELEPHONES 1/11/96 OFF WHILE IN THE COMMISSION CHAMBERS. MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 1st day of November, 1996, the City Commission of Miami, Florida, met at its special meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 8:08 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. ALSO PRESENT: Merrett R. Stierheim, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Commissioner Dunn, after which Mayor Carollo led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. DISCUSS LEGAL OPINION CONCERNING NO CONFLICT OF INTEREST ON PART OF VICE MAYOR GORT REGARDING HIS VOTING FOR EDWARD MARQUEZ FOR CITY MANAGER. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes, Mr. Vice Mayor. Vice Mayor Gort: Before we begin, I would like to ask a question of the attorneys. Mayor Carollo: Certainly, Mr. Vice Mayor. Vice Mayor Gort: As you know, my company does business with the County for the last 13 years and there have been quotes on the paper that there might be some conflict of interest. For this reason. I requested from the attorneys, I wrote them asking their opinion on the procedures that the County had in selecting the bond underwriters, which is something that took place about 1 November 1, 1996 a year and a half ago. And I got a response from the attorney's office that I did not have any conflict as an assistant and the way the underwriters were selected to be part of the team. There is an article that came out yesterday in which it stated, there is a rotation. There is a three team local office for us which is Howard Gary and Associates, AIBC Investments Services and Gusman and Company. We were selected because it's a local owned minority owned firm, that if any transactions that was to be taking place, less than fifty million dollars ($50,000,000), one of those individuals, one of those firms, will get to be senior book running manager, on a rotating basis. The first deal was done by Gusman. The second deal was done by Howard and AIBC Investments Services, which is the company I own was to be the third in the rotation. My understanding is, that two weeks ago or three weeks ago, because of the things that have taken place in the City of Miami, a decision was made by the County to remove Howard Gary's firm out of the transaction that was going to be taking place and AIBC being next in rotation, was to go up and be selected as senior manager. Mr. Marquez is part of that team, of the financing... that's the Finance Director of Dade County. And I want to ask the... I asked already the attorneys if we have any conflict of interest in this decision, and once again, I want to put it in the record and I want to ask that question again. Commissioner Plummer: Well, for sure I don't have a conflict of interest with my business. Mayor Carollo: Some would feel differently, Commissioner Plummer. Commissioner Plummer: I don't do any charity work. Mr. A. Quinn Jones (City Attorney): Mr. Vice Mayor, for the record. The task in this particular instance as to whether you would have a conflict of interest would be whether, in fact, you'd be voting on anything that would inure to your special private gain. The fact that you've already been chosen, your company has already been chosen, would remove you out of the test for a conflict of interest. So consequently, because you would not be voting on any measure that would now, or presently inure to your special gain, you do not fall within the prohibition of a conflict of interest. Vice Mayor Gort: At the same time, we have to... Let me affirm to you stated the same here, where is in the public record. And I just want to make sure that this is on the record. Commissioner Plummer: Make it a part of the record. Mr. Quinn: What we can do is make the legal opinion dated is October 30, 1990 wherein you requested an opinion whether in fact you had a conflict of interest, you can make that part of the record, Mr. Clerk. Vice Mayor Gort: And let that be part of the records. Mayor Carollo: Any further questions, Mr. Vice Mayor? Vice Mayor Gort: No. Mayor Carollo: OK. Then let's proceed. 2 November 1, 1996 l 1i ---------------------------------------------------------------------------------------------------------------- 2. A. DISCUSS SELECTION OF CITY MANAGER -- MAYOR ESTABLISHES PROCEDURE FOR PRESENTATION OF TWO FINALISTS: MICHAEL ROBERTO AND EDWARD MARQUEZ. B. SELECT CITY MANAGER: EDWARD MARQUEZ. Mayor Carollo: I'd like to begin by asking both candidates to give a final presentation to the Commission. Both candidates have met with all the members of this Commission several times. The first time that they've met with the majority of this Commission was last week. And after that it was this week before the meeting that we had on Wednesday. And finally, those of us that saw fit, either talked to them yesterday, or met with them or, took whatever other steps we felt we should to further get information on them. So, what I would like to do at this time, in the alphabetical order is to ask both of them to give us a final presentation, and before this Commission would proceed. If I could have Mr. Ed Marquez begin. Mr. Edward Marquez: Good morning. Mr. Mayor, honorable Commissioners, citizens and employees of the City of Miami. Before I get started on what I want to say, I want to thank you all. I want to thank the Mayor and the Commission for a very fair and thorough process of selection. Starting with the recruitment and interrogation by the able Tom Connally of Korn and Ferry, the excellent debriefing and interrogation by Merrett Stierheim. The individual... the interviews with the Mayor and the Commissions individually and the public interview and short listing this past Wednesday, I can easily say that this process is not for the timid. But, at the same time I know it is a crisis that has brought forward two excellently qualified candidates for your final selection today. I want to be your City Manager. I have the skills and talents needed to help the City of Miami solve its problems. Look upon my work history. I have spent three years as an internal auditor in various capacities conducting financial, compliance and performance audits on multi programs and governmental departments. My main mission during this time frame was to evaluate management and make recommendations for improvement, including cost containment initiatives, productivity enhancements and streamline, common sense ways to run government more efficiently. I have spent about six years in increasingly responsible positions managing the accounting function for Metro Dade. Tracking, recording, prescribing the internal checks and balances needed to assure the protection of the government's financial and other assets. And for the past ten years, I have served as the Chief Financial Officer in charge of all the fiscal affairs of Dade County. In this position, I have been creative and productive in multi public, private initiatives that have benefited the County as a whole, as evidenced by Team Miami successful bid which is bringing the U.S. Southern Command to South Florida and the successful selection of the lowest convention center hotel for Miami Beach. I have also, effectively managed a diversed department of over 300 people, negotiating contracts worth millions of dollars and have advised the County Commission concerning their two point six billion dollar ($2,600,000) operating budget. Under my leadership, the County's, finance department has balanced the books and paid the bills. We've invested the public's money wisely and safely. We've collected taxes and issued auto tags more efficiently than anyone else in the State. We've made Dade County's credit rating inspite of being at the ten mill ($10,000,000) cap for eight years. Inspite of very foul weather and in spite of the County's General Fund having to rely on one time revenues to balance it's budget. We have also ensured that local and minority firms have a major piece of the action on the contracts that we let. We've borrowed money when needed, conservatively and creatively. And, according to Affirmative Action profiles for the County, my department has had no under utilization of the following employee classes: White, Black, Hispanic and Female. All this is not an accident. It is simply 3 November 1, 1996 t-WIx:. IA good management. As you tackle the problems of the City, the Commission must evaluate the options and decide what courses of action must be taken. Your City Manager must be able to present to you, in useful and clear formats the information you will need to make those hard decisions. A lot of that information will be financial in nature. As a CPA (Certified Public Accountant), my training will lend itself to that task. And finally, to get the City's management back on track, you are going to need a manager who can ask the tough questions. That's not a problem with me. I am an auditor and an accountant by training and as you know, auditors and accountants love to ask tough questions. Now, based on the conversations I've had with you individually, I believe that this Commission is ready to go head to head and toe to toe with the problems at hand. Not just for the short term. Not just for the short term to solve the financial crisis that we have, but also for the long term. When all is said and done, I may not be flashy but I am of substance. A tool that you can use to take the City of Miami bravely into the future and make it once again the magic City. I am available for any questions that you may have. Mayor Carollo: Any last questions that any members of the Commission would like to ask? Mr. Marquez: Thank you. Mayor Carollo: Thank you very much, Mr. Marquez. Mr. Roberto. Commissioner Plummer: Before he starts Mr. Mayor, let me a clarify a record of a comment that you made. I did not meet with Mr. Roberto. The reason I did not meet is his presentation here on Wednesday. I think he answered all the questions that I had. I was fortunate enough, where I told you the other day, I was going to call his colleagues, they all called me. So, I didn't have to make any phone calls and I got a great deal of insight as to his scenario. On Mr. Marquez, I didn't have to make any phone calls. I happened to go to a wedding on Saturday and there was nothing but Metro people there and I got a great deal of insight on him. So, I was fortunate in not having to make any phone calls, the calls came to me, and at the wedding. And, I just wanted to put that on the record, that I did not meet with him eyeball to eyeball. I didn't feel it was necessary. Mayor Carollo: Thank you Commissioner, that's appropriate. By the way, both of them received excellent reference in the place they presently work at. And they both did make excellent presentations the other day, I complement both of you. Mr. Marquez: Thank you. Mr. Roberto: Mr. Mayor, Commission, citizens of Miami. You have quite a daunting task in front of you. You are going to make a very important decision today. And part of that decision is going to be putting in place the person that is going to lead this organization over the next twelve months and next fiscal year. You ask what I bring to this table, I've been a City Manager for eight years. I've put myself in positions of having to make some very, very hard and very, very tough decisions. I came to a City with problems very similar to yourselves. You heard about in the paper today, how North Miami Beach was faced with a similar crisis. We took the crisis at hand, we dealt with it, we made hard decisions over an eight year period. Government is an every changing environment and every day of your life as a City Manager, you put your risk and reputation on the line to do the right thing. The entire organization has to look to one individual, and that's the City Manager. And over eight years, I have been blessed with the fact that I've made good decisions. I've taken North Miami Beach from a City that was a small suburban community, into what I think is one of the best run communities in South Florida. We've put professional people in place. We've put people with good ethical standings in place and we've done the right thingou have a great opportunity today, irrespective of either one of us that you end up selecting. Ed Marquez is a wonderful finance director and he has done an outstanding job in Dade County. I believe that I've demonstrated day in and day out, why, as 4 November 1, 1996 �F . ii City Manager, I can make a very, very tough decision. My background in finance is extremely strong. North Miami Beach has restricted revenues and we've been able to lower the millage rate for the last four years. That's put the future commissions and councils in an outstanding position to make harder decisions with more flexibility. I am in a great position to start immediately, as Mr. Marquez is. And the reason being, that the person has got to come in and hit the ground running. I think my ability of understanding the entire operation of being able to talk to the assistant managers and the department heads and very frankly the employee on the street, and understanding all aspects of the government. I've spent time in each of the departments, not just in North Miami Beach but when I was here in Dade County and when I was in Rockville, Maryland. I understand a whole range of options are going to be available and you've got some very tough economic decisions to make. There are solutions there. One of my... I believe strongest points is the ability of putting a variety of options in front of you. There is no one solution to any one problem in life. And how I can put in front of you the solutions that will work both politically, which is extremely important; work with a variety of personalities and problems; work in a diverse community and all this that I have demonstrated over the last eight years. It's interesting, when you're the City Manager and there is no one else to turn and you've got to be the one person that's got to make the one decision, it puts you up against the wall and it tests a lot of your metal. Every two weeks, that City council has to decide upon the right person on a constant basis. And I relish that. That's an exciting opportunity for me to demonstrate what I can do, and I believe I've done that over the last eight years. I am also very proud of the fact that in North Miami Beach as well as in South Florida, there is a lot of very good people in every organization around. You've got outstanding employees who want to do the right thing. I believe that one of the roles that I can play in this government is to bring out those strengths in the organization. Is to bring the people to the forefront that are going to deal with the problems. Your financial management problem is a serious, serious problem. I fully believe that I have the full capabilities of dealing with that problem, and I have done it in North Miami Beach. It is a great opportunity, I am very excited by the opportunity and I believe I will do an outstanding job for you all. I will make you folks very, very successful in your job as City commission, and the issues and the decisions that you are going to have to make to deal with the public and deal with the problems. As I said a few days ago, image becomes a very, very big issue. And the trust that you all need to rebuild in this community is very, very important and I believe you have the capability, the staff and the werewithall and the back bone. And that's going be very important for your City Manager. The person has got to be able to stand up to an awful lot of interest and an awful lot of decisions that have to be made that sometimes maybe unpopular organizationally. You've got to have the back bone to be able to do it and I've demonstrated that over the last eight years. We've made a lot of changes in North Miami Beach frankly, in my eyes most of them for the good. I welcome the opportunity. I appreciate the process as Ed says, I really do commend you for doing what is a professional process. You sought out a professional City Manager. You went through a professional process, and I will tell you not just in South Florida, but when I've gotten calls across the country from other City Managers, they were very impressed by the process. And if I can congratulate you all for persevering through the process, that sends a very, very strong message I think, both to the community and to the country, that your are trying to do the write thing. And I appreciate that and would welcome the opportunity. Mayor Carollo: Thank you very much, sir. Any questions from the Commission to Mr. Roberto? Thank you very much. Before we proceed after reading today's newspaper, I'd like to ask Captain Kirk if there are any clingons out here? Commissioner Plummer: I think they're all like crazy. Mayor Carollo: We could proceed then, no clingons. I'd like to as Tom Connally of Korn & Ferry to come up. I know that he went through the process that he followed to get us here on Wednesday. But, I would like for you to briefly again, Mr. Connally, to just give us a real brief 5 November 1, 1996 r background on your firm and the process that you follow to get us here. How long it took, what you did, as briefly as you could. Mr. Tom Connally: As promised to each one of you members of the Commission and Mr. Mayor, I promised you that we'd bring the resources of my firm to bare in conducting a thorough nationwide search for candidates for the position of City Manager here in Miami. I am very proud to say that we did a thorough search. I mentioned the number frequently of approximately 300 executives, whose backgrounds we examined or we approached directly or we considered them through the process of the applications that we received vis a vis the advertising. Out of that process, a funneling process if you will, we narrowed the search down and eventually brought forth to the Commission five final candidates that we think best represent the interest of the City, whose career track record and administrative and executive talent as called for by the City Charter deems to be the position of City Manager. That their track record and administrative skills are documented, we narrowed that group down to what I believe are the five best candidates available to you today, to choose. The fourth individual as you know, withdrew his name. My position remains that any one of these individuals could do a spectacular job for you representing the City of Miami and resolving the issues that they have here. And I am proud of them as a group. I am very proud of our two finalists and as I said to you on Wednesday morning, I wish you well in picking you new City Manager for Miami. Mayor Carollo: Thank you very much. Commissioner Plummer: I have a question. Mayor Carollo: Go ahead, Commissioner Commissioner Plummer. Actually, when you speak of 300, how many people through your advertising and other means actually contacted you? Mr. Connally: Again, I'd have to give you a ball park figure. I don't know that specifically. Commissioner Plummer: Roughly. Mr. Connally: But a very small portion. I think that we received less than 100 resumes from our advertising effort. The vast majority of those were simply not even in the ball park frankly of skills or credentials. Vice Mayor Gort: Mr. Mayor, once again because there are a lot of questions that are being done on the responses and so on and I want to place everything on the record. Can you tell us the criterias and guideline that you company utilized for the selection of the individuals? Mr. Connally: The criteria and guidelines, vis a vis the requirements... Vice Mayor Gort: Right. Mr. Connally: ... for the position of City Manager are outlined in our position specification which we drafted, submitted to you all for approval and it goes through a very detailed process of executive track record that we would be seeking. Vice Mayor Gort: Could you without going through a lot of details, specify more or less some of those? Mr. Connally: On the broadest level, it would be years of experience in City or County management. And a track record of success in fixing problems in a turn around situation in G1i November 1, 1996 0 addressing, you know, significant problems that relate to those that we have here in our community. Also seeking people that would come from comparably sized entities or comparably complexed entities. Mayor Carollo: Do you feel that even if you would have had, and I think last meeting you stated that you spent approximately six full weeks, full time, yourself was full time and others that work for you part-time at looking at candidates, do you feel that even if you would have had another month, that the process would have changed any? Mr. Connally: No process was thorough. It is not likely that you would have any different results. Mayor Carollo: All right. Any further questions from the Commission? I personally would like to thank you and your firm again, the work that you did has been outstanding. I don't think that there will be any other firm out there that could have done what you did for this City. And behalf of all our residents and this Commission, I thank you. Mr. Connally: Mayor and members of the Commission, I in turn want to thank you for the privilege of representing the City. This is my home as well. And on a most personal basis, I am proud of the fact that I live here. I love this town and I am proud of our process that we've used to pick our new City Manager. Mayor Carollo: Well, we all asked you to do a professional search. You certainly did that. We all said to you, we did not want business as it used to be. We wanted to start constructing a new Miami. We wanted a professional Manager, a professional process and you certainly gave us that, and I thank you, again. Mr. Connally: Thank you, Mayor and members of the Commission. Mayor Carollo: Can... Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes. Vice Mayor Gort: Before we go on in it, I'd like to make a statement. I am not much of a guy that speaks a lot, but I think it's very important that I make a statement, today because I get a lot of phone calls on people saying that we should wait after the elections for the appointment of the Manager. A lot of people don't realize is, the election is on the 5th. Probably everybody saying I there will be a runoff that will take place on the 14th, which is a Thursday. Then, comes a Friday, the weekend the person will have to be sworn in on the 15th. And the process is, get into the office, getting all the information will take it to the 19th to the 20th. And this election that's been going through will probably take it to the 22nd or 26th and once you select one person and those dates, at least you have to give 15 to 30 days notice. So, it means that we will be going to December. The 2nd week of December, before we select an individual. I feel from when I first came in here, I am going to do what's best for the City. A lot of times, some of my associates, they get upset. I mean because they said my vote... Commissioner Plummer: How come only one? Vice Mayor Gort: ... not politically wise. The reason I've got in here three years ago because I want to do the right thing for the City. And that's what I want to do... Vice Mayor Gort: I want to take the decisions that I think is best for the City not just politically wise. 7 November 1, 1996 L9., r Commissioner Plummer: Salute. Vice Mayor Gort: And that's the way I am going to do it. And if I get reelected is fine, if not I did put my four years in and I am very proud of the work that I've done. We worked very hard to reduce the budget two years ago. And we were able to do it by thirty million ($30,000,000). People have to understand that we're in a crisis. We might not all agree on all of the items but I think this Commission has taken the responsibility to fix this problem that we all know did not just happen. This is a problem that have been coming for a long time. From the papers that I've read and the documentation that I have, and people can correct me here, if I am wrong. My understanding is that this City in the 80's had an unfunded liability of two hundred and thirty million dollars ($230,000,000). I don't know if a lot of people are aware of that. We inherited a hell of a problem. And my commitment is, I am going to do whatever is possible to fix this problem and not only us, I think the County, State. We have met with all these individuals. They are all working very close with us because they all love A,iami and want to fix this problem. And it's important that we stay together. And I think we have shown that this Commission, although we might not agree on a lot of things and our philosophy might be different, we all want to work and fix this problem. We all want to make sure, that one thing we do is, that we have the criterias and guidelines and standards so this will never happen again. That's one of my commitments that I have. And, I think we have to be very grateful because I remember a year and a half ago when I wanted to have an audit, a performance audit of each department, my understanding, the reason that it was not done is because it would cost a half a million dollars ($500,000) to the City. At that time, we could not afford it. The team that has been put together in here by Stierheim and his people, is the same team that we're suggesting a year and a half ago. It's pro bono. It's not costing the City anything. So, we've got to be very grateful that we have that. When the new Manager comes in, he's going to have the blueprints, the criteria the standards and guideline to follow that we are going to accept. And the reason I want to say this, is because I want to tell the people that listen to this, I don't have any problem in taking the selection today, because I think we need to do it today. We can't wait a month. And, besides that, I don't think another individual coming in is going to make a difference. I think we've got a problem. We've got to fix it and we got to do it. Thank you. Mayor Carollo: Thank you, Commissioner. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner Dunn. Commissioner Dunn: Mr. Mayor, Commission. First of all I want to take this opportunity to thank, to reiterate my thanks to Mr. Connally and his firm for a professional, pure and untainted process. No one can question the credibility of your firm. You advertised nationally, meaning that we allowed the best possible candidates in this country to come forward, those who were interested. And, we were. I was very pleased with the quality of candidates that we receive. The other thing that I am happy to see that even in the midst of this competition, if you will, in terms of qualifications, it shows that once again Miami -Dade County has the brightest and the best. As we look at our two finalists, we have both persons from Dade County. I also want to take this opportunity as kind of an honorable mention is you will. I do respect one gentleman in particular, Mr. Ron Williams. I admire his professionalism and the work that he's tried to do in the Solid Waste Department and Public Works and what have you. I want to take this liberty to clarify a couple of things. First of all, I am not a lame duck anything. Anybody that knows me in the churches, in the community, know that I have no problems making tough decisions. I take them head on. As a matter of fact, sometimes I welcome tough decisions. It is the litmus test that determines one's character. I also want to thank this Mayor and this entire Commission for your vote of confidence that you gave to me nearly seven weeks ago. And, I was given the task 8 November 1, 1996 i r and responsibility to make decisions that I thought would be best for the City of Miami and I pledged at that time that I would do just that. And, as it's already been mentioned, time is of the essence. We cannot afford to delay, vacillate, hum and hoard. We've got to make decisions. We can't play games. I also want to say that I was really amazed at the number of former elected officials who went out of their way to try and hinder this process. You know, Miami and Dade County would be a much better place if we had the same type of intensity, tenacity in terms of standing up for what is right. Right now, one of the main issues is representation. But none of those gentlemen had the courage to stand up for that. That's why my... this Commission, this Mayor and I tell you what, the entire City admires it, people who want to see Miami move forward and go forward but they didn't have the courage to do that. And maybe, maybe, just maybe, that's why they are former elected officials. And lastly, I am prepared to do what is best for this Commission. I want to thank... and for the City of Miami, I want to thank each and every one of you. I want to thank Mr. Stierheim. It makes your job a whole tot easier when you have a professional who can make recommendations based purely on professionalism. Based purely on what is best for the City of Miami and I am ready to move forward whenever it comes to that point. And hopefully, it is today and I do want to commend last, but not least these two outstanding prospects. I want to commend you for a very, very fine job and I wish it was possible that we could have both of you. I know that's not possible because that's just not possible. We can't afford it. But, I know you'll do well regardless of the outcome of this in your careers. I thank you. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Regalado: I think that we all are proud of the process that we, and I hope that the people of Miami will understand that this is one of the best process that any City has had in terms of selecting a City Manager. But yesterday, several former elected officials, people whom the people of Miami respected, tried to shed a cloud about the integrity, credibility and the good faith of this Commission. And I think that, because I deal with public opinion, because my field is in communications and because perceptions sometimes are equal to reality, we or I would like to address this issue, just for moment. Two former mayors of the City of Miami called this process a political process and demanded that the Commission will not move forward, not until they think another person will be here. These two former mayors ran for public office, just recently, and they lost. They ran for Dade County Mayor, Maurice Ferrer and Xavier Suarez. They may tell the people that they lost because they didn't have the money or they couldn't get support of communities outside of the City of Miami. So yesterday, I went to my file and I looked at the polling places in the City of Miami, 95 of them. I pick 41 polling places in the City of Miami. And the reason I did, is because those 41 polling places are by history, by tradition the one that go out and vote in the majority in the City of Miami. These 41 polling places are located in the Flagami, in the North Little Havana area and South Little Havana area. Mr. Alex Penelas never had been on a ballot in the City of Miami. Everybody knows him because of his work in Hialeah and the County. But, he had never appeared on the ballot in the City of Miami, not until September the 3rd. The two former mayors, however, had been a familiar name to the residents of the City of Miami. So, one would think that name recognition will help in terms of the number of votes. But it so happened that in looking at the numbers and since we are talking here about numbers, the City of Miami said "no" to Maurice Ferre and "no" to Xavier Suarez. As a matter of fact, if we add the votes that the three candidates got in these 41 precincts, we have Mr. Penelas with 15,190, Mr. Ferre with 6,754 votes and Mr. Suarez with 4,251 votes. Mr. Penelas won the City of Miami, those 41 precincts with 38 percent of the vote having never appeared on a ballot in the City of Miami. Mr. Ferrer had 17 percent and Mr. Suarez had 11 percent. So how dare of them to call this process a political process and come to a press conference and to the radio and to the TV to say that the people of Miami wanted to wait and wanted this Commission to hold on, on any business until an election. The two mayors 9 November 1, 1996 unfortunately, made a mistake and it seems that they have made mistakes in the past, too. I just want to say those numbers so, for the record, we know that the people of Miami in the majority do not support the views of these two former mayors. And for that matter, the other elected official most of them, if not all, who were voted out of office. I think to question the credibility, the integrity and the good faith of this Commission, it's wrong and this Commissioner who as they say has two microphones is ready to say the truth, and my feelings here in this microphone and in the other microphone. Because after all, that's what the people of Miami wanted. And after all, in this 41 polling precincts, I've had 13,503 votes and thank God, my radio program is number one. And I guess it's because the people wanted to hear the truth. The truth is, that we cannot accept that perception that they are trying to shed on this Commission. And, this Commissioner is not only ready but willing to vote right now for the next Manager for the City of Miami. Thank you. Mayor Carollo: Commissioner Plummer. Commissioner Plummer: Let's vote. Mayor Carollo: Let me make one last statement if I may. And it's important to put things in perspective. First of all, I personally would like to complement the courage that my colleagues to the right and my colleagues to the left have shown. It has not been easy for them. The pressures that have been applied have been tremendous, unlike any time before, that any Commission here has made a decision to appoint a Manager, a City Attorney, a City Clerk. I have never seen pressure such as this applied. To the point that even a former mayor had the gall to call at least one of the finalists and to try to use intimidation tactics. To try to see if they maybe might step aside or would lose interest. This has never happened before in any process. This goes beyond the usual politics that some would like to see this process turn into. We have done a professional process. From day one, this Commission has instructed the Manager to find a professional firm and Korn and Ferry is one of the largest in the country. We set the rules that we wanted to follow. We were open with the public with the process that we were going to follow. There was nothing secretive about the steps that this Commission was taking. However, what has happened is that first of all, and we have to bring things in perspective. While the City of Miami is not as large, for instance as Dade County government, we do have contracts that are out there. We do have RFP's (Request for Proposals) that are out there. And the truth of the matter is, that a handful of these people, including former officials that have come out of the woodworks to all of a sudden attack, they have conflicts of interest. Some of them are involved in trying to get concessions from the City. Some have been involved in other contracts, that they are not happy now with the way things are going. The truth of the matter is, what these people have been asking for is for business as usual, for wanting to go to the politics of the past. They still haven't learned by what happened to Mr. Odio. By what happened to the Campaign Manager of some of them, Mr. DeCardenas. What is it going to take for these people to learn that the way things were done before, that's not going to happen anymore in Miami. Miami is going to be run in a professional manner. We're not going to be handing out contracts any longer the way that they: used to be. The way that these people want it to be handed. There are many other reasons that: I could go into. And, I could through each and everyone of these five former officials name by name and point out things that will be shocking to the public. But, we're not going to take all that time to do it here. There will be other appropriate forums I am sure, since it has started already. The bottom line is, that this Commission has done what the public expected us to do. To follow a professional search to select a professional manager and to give the public the guarantees that they want. That they are going to have an honorable government, a professional manager and the decency that the residents of Miami deserve and expect from their City government, elected officials and non -elected officials. With that, I would like to ask my colleagues if they can take a ballot and we will begin the voting. Commissioner Plummer: Why do you need a picture of that? 10 November 1, 1996 r Unidentified Speaker: You'd be surprised. Vice Mayor Gort: They can do a model (phonetic) Commissioner Plummer: You have a pocket item? Two? I only saw one. Mr. A Quinn Jones, III, Esq. (City Attorney): I have one pocket item. Mayor Carollo: Before you read the ballot, Mr. Clerk, let me say the following to both finalists. Regardless of how this vote will end here, each and every one of us would be proud to serve with either one of you as our City Manager. I think both of you are extremely qualified candidates that this City will be proud to have at the helm. Unfortunately, we can't have both of you. I wish that we could have both of you and one at each end. But that can't happen and we have to choose between one. But, I just want to thank both of you for the time that you've taken, also the courage, under some very tough pressures and thank you and your families for considering the City of Miami and coming to sacrifice in helping us. Mr. Clerk. Mr. Walter J. Foeman (City Clerk): Mr. Mayor, we have four votes for Ed Marquez and one vote for Michael Roberto. Mayor Carollo: OK. Commissioner Plummer: Mr. Mayor, since I was the vote that went for Mr. Roberto, I think that it is only fitting that I show that it be a unanimous vote and I so move. Mayor Carollo: There is a motion by Commissioner Plummer to show a unanimous vote for Mr. Marquez. Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Gentlemen, thank you again, and congratulations to you Mr. Marquez and before you all just leave, I think it's appropriate to clap. The audience may clap if they like. (APPLAUSE) Mayor Carollo: Mr. Manager, if you would stay put, we've got a quick pocket item. Mr. Merrett Stierheim (City Manager): Yes, sir. Thank you very much. Commissioner Regalado: You're welcome. 11 November 1, 1996 ri The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-813 A MOTION SELECTING EDWARD MARQUEZ AS CITY MANAGER OF THE CITY OF MIAMI. Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn,11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 3. APPROVE REQUEST BY WORLD VISION CUP TO CHANGE DATE OF SOCCER MATCHES AT ORANGE BOWL FROM 10/2/96 TO 11/26/96. ---------------------------------------------------------------------------------------------------------------- 1 Vice Mayor Gort: I've got a pocket item, can I read it? Mayor Carollo: Yes, if you would. Vice Mayor Gort: It's a simple one. Sir, a month ago we passed a resolution for the World Vision Cup. The resolution was 95-38, and was to be held on October 2, 1996. Mayor Carollo: Sir, sir. Sir, we have to finish the meeting, please. Vice Mayor Gort: We need to change the date... i Unidentified Speaker: You're not finished yet? Vice Mayor Gort:... to November 26, 1996. Mayor Carollo: OK. Commissioner Plummer: If you move it, I'll second it. Mayor Carollo: There's a motion by Vice Mayor Gort, second by Commissioner Plummer. All in favor signify by saying "aye." The Commission (Collectively): Aye. 12 November 1, 1996 r The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-814 A RESOLUTION AMENDING RESOLUTION NO. 96-538, ADOPTED JULY 11, 1996, BY CHANGING THE DATE FROM OCTOBER 2, 1996 TO NOVEMBER 26, 1996, FOR WORLD VISION CUP - MIAMI '96 EVENT, A SOCCER BENEFIT, TO BE HELD AT THE ORANGE BOWL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 4. MAYOR CAROLLO DIRECTS CITY ATTORNEY/TEMPORARY CITY MANAGER MERRETT STIERHEIM/THOMAS CONNALLY OF MORN & FERRY TO NEGOTIATE WITH NEWLY SELECTED CITY MANAGER EDWARD MARQUEZ TERMS OF HIS PROPOSED CONTRACT -- FURTHER, BRING COMPLETED CONTRACT FOR RATIFICATION BEFORE CITY COMMISSION AT A SPECIAL MEETING TO BE ANNOUNCED. Mayor Carollo: Mr. Manager, we had previously agreed on the process that we would follow to bring back to this Commission, a resolution, an agreement as to the terms of the new Manager's employment. I would like for you and the City Attorney and Mr. Connally to immediately sit down with Mr. Marquez and to begin that process... Mr. Edward Marquez (City Manager): Yes, sir. Mayor Carollo: ... and that the very second that that is done and finished you so inform me so that I may call a special Commission meeting and finalize that in a resolution. Mr. Marquez: We'll begin immediately. Yes, Mr. Mayor. Mayor Carollo: If I can have a motion to that effect so that... Commissioner Dunn: So moved. 13 November 1, 1996 t r ..: tNN' Mayor Carollo: There's a motion by Commissioner Dunn. Commissioner Regalado: Second. Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Dunn, who moved its adoption: MOTION NO. 96-815 A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK A RESOLUTION OF AGREEMENT FOR THE TERMS OF EMPLOYMENT OF EDWARD MARQUEZ, WHO WAS SELECTED AS CITY MANAGER OF THE CITY OF MIAMI ON THIS DATE PURSUANT TO MOTION 96-813. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 5. MAYOR CAROLLO APPOINTS COMMISSIONER DUNN AS LIAISON TO INVESTIGATE INCIDENT OF CHILD BITTEN BY RAT IN OVERTOWN -- BRING REPORT FINDINGS BEFORE CITY COMMISSION -- FURTHER, COMMISSIONER PLUMMER REQUESTS DRAFTING AN ORDINANCE REGARDING LOT CLEARING AND GRASS MOWING TO BE CONSIDERED AT NEXT COMMISSION MEETING. Commissioner Plummer: Can I make a motion to stop the Mayor from having all these special meetings? Commissioner Dunn: Second. Mr. Edward Marquez: Soon. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Dunn: In a matter not related, if I may very quickly. There was a child that was bitten, I am sure many of you know by a rat or some rats in Overtown. I would like to, as much as possible be allowed to check into that matter. 14 November 1, 1996 r Mayor Carollo: Commissioner, I would like to appoint you to deal with that more closely and if you could report back to us. Commissioner Dunn: Sure. Mayor Carollo: We were informed of that yesterday, and we were in the midst of meetings with the County on our finances and when the Manager and I were together, we were informed. He immediately contacted one of the Assistant City Managers to deal with that. So, I would like for you to be the Commission's direct representative in dealing with that. Commissioner Dunn: All right. Mayor Carollo: Thank you. Commissioner Plummer: Yeah. Mr. Mayor, I would hope that what we saw on TV last night, that the problem incurred is not a City problem even though they were trying to hang it on... Mayor Carollo: It's a State problem. Commissioner Plummer: ... us that it's a private property. Mayor Carollo: Yeah, but it's also a State problem. They are the ones that are responsible for dealing with that but, nevertheless... Commissioner Plummer: May I suggest to my colleagues. When I got my tax bill yesterday, there was a brochure included which we do not have in the City of Miami which I thought was excellent and I bring it to the table and it addresses this problem in particular. There is an ordinance in the County on lot clearing and mowing your yard and keeping your yard clean. That if you do not do it, every two months you are subject to a fine. They will come in and do it. They will levy against your property. But it so stipulates, Mr. City Attorney, every two months. That you must clean it, you must mow it. You must do what is necessary to make it decent for the rest of the neighborhood. Mr. City Manager, wherever the new one is, I think it's an idea that we need to incorporate in the City of Miami. Mayor Carollo: And we should bring that back in the next Commission meeting and deal with it Thank you, this meeting is adjourned. ---------------------------------------------------------------------------------------------------------------- 6. REQUEST FROM VICE -MAYOR GORT FOR PUBLIC TO TURN BEEPERS AND CELLULAR TELEPHONES OFF WHILE IN THE COMMISSION CHAMBERS. I Vice Mayor Gort: Mr. Mayor, before you adjourn. Mr. A. Quinn Jones, III, Esq. (City Attorney): We have one. j Vice Mayor Gort: I'm insisting that we keep beepers and phones off. In the County, when you go to a County Commission meeting... Unidentified Speaker: I am sorry. 15 November 1, 1996 r Vice Mayor Gort: ... you have to turn your beepers off, and put them on vibration and you have to' turn your telephones off. I don't know if last week you noticed, while we were having a meeting, there was all kinds of beepers and telephones going off. That can be very distracting. ( Mayor Carollo: I would very much agree with that Commissioner. Thank you. Vice Mayor Gort: If we could have that also, I would appreciate it. I Mayor Carollo: OK, good. Well, Captain Kirk all the clingons have been shot down. This meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:02 P.M. JOE CAROLLO MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 16 November 1, 1996