HomeMy WebLinkAboutCC 1999-08-16 Minutesti
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MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th day of August, 1999, 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 5:03 p.m. by
Chairman Plummer, with the following members of the
Commission found to be present:
Vice Chairman Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez '(District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
.Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
[NOTE FOR THE RECORD: Chairman Plummer announces the
Order of the Day.]
Chairman Plummer: There are six of the amendments which
have been proffered which have been vetoed by the Mayor.
There is a seventh amendment which was not vetoed, and of
course, will not be taken up today. The City Attorney has
ruled that each one of the amendments has to be self -dealt
with separately. The City Attorney has also ruled that to
allow public speaker was my call, and my call is, we will
allow anyone who wishes to speak two minutes to make their
presentation. Also, to make others aware that immediately
following this Commission meeting, Chairman Teele has called
a meeting of the CRA (Community Redevelopment Agency), and
that will be at 5:05, or as quickly thereafter, as possible.
The phones are coming in, they can't be far behind. Just
1 August 16, 1999
for the record, the only resolution that was not vetoed by
the Mayor, was the one in reference to term limits, and that
was 99-613, and question number two. Now, it is one minute
until five. Mr. Regalado, nice to have you here, sir. Mr.
Gort, nice to have you here, sir. It is now five o'clock
and I would ask, Mr. Clerk, that you call around and, find
me two others, one other. Is Mr. Teele in the building? He
is? OK. All right, may I ask that anyone who wishes to
speak, that wants to take advantage of the two minutes, go
to the Clerk, please, and give your name. We'll try to do
this very orderly. Ladies and gentlemen, if you would,
please stand for the prayer and pledge of allegiance. I
will ask Reverend Sanchez to lead us in prayer and
Commissioner Regalado in a pledge, and ask that you keep in
your prayers, we have a good friend that we lost since the
last meeting in Mr. Bill Bayer, who was a friend of all, and
who will long be remembered in this community.
An invocation was delivered by Commissioner Sanchez, after
which Commissioner Regalado, then, led those present in a
pledge of allegiance to the flag.
1. A) PUBLIC HEARING REGARDING MAYORAL VETOES OF PROPOSED
CHARTER AMENDMENTS;
B) COMMISSION DISCUSSION;'
C) OVERRIDE MAYORAL,VETO REGARDING CHARTER AMENDMENT:
1) NO. 1 TO ESTABLISH STRONG MAYOR;
2) NO. 3 REGARDING INDEPENDENT AUDITOR GENERAL;
D) DISCUSSI>ON: PROPOSED CHARTER AMENDMENT REGARDING:
1) NON -WATERFRONT CITY PROPERTIES VALUED AT $500,000 OR
LESS;
2) NON -WATERFRONT, NON -BUILDABLE CITY OWNED PROPERTY
7,500 SQUARE FEET OR LESS;
3) SALE OR LEASE OF COUNTY DELINQUENT TAX LAND PROPERTY;
E) DISCUSSION: ENGAGEMENT OF SPECIAL COUNSEL TO RESPOND TO
IMPACT OF CHARTER CHANGES.
Chairman Plummer: To my colleagues on the City Commission,
I assume that you know, but I'll bring you up-to-date. The
City Attorney has ruled that each one of the amendments has
to be dealt with on a separate, individual basis. We will
have a list or a number of speakers who will be listed to
two minutes. I would ask the Clerk to give me that list
2
August 16, 1999
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now, and then, after that, as we will close any public
hearing and proceed to..: OK, number one "Boom -Boom", and
that's what on the list. I am not calling him, it's not a
joke, that's what he wrote, "Boom -Boom."
Mr. Manuel Gonzalez-Goenaga: Well, there we go again. I
was mentioned along with Mr. Mariano Cruz of the treatment
in the, an article in the "New Times", recently. And, in
two minutes, what I can say, when there are six issues of so
much importance to this community, and to the citizens. I
am afraid that you guys, and not even the Mayor in all his
issues, is completely aware of what's behind everything
here. I am not interested if they want to kick Carollo, or
the Mayor out of office. If you guys want to, to buy and
sell this, the people's temple. I am going to go now into
one particular issue, in general, and one specific.
"Elecciones para que?" We went through this issue, and in
the Metro -Dade, I am not speaking about the City of Miami,
the issue is working rather well, nothing is perfect in
life. Why change it, and if we are going to change it, and
that is the desire of the people after they go to vote, it
should start after the first four years that were given on
the new issue. And, let me tell you, it doesn't mean that I
agree with what the City Manager that, Mr. Warshaw, or any
other one. The basic issue is, that all these bickering and
fighting is because the citizens failed to elect me. If I
would have been elected, none of these issues would have
gone through. Now, let me tell you to one specific in which
I totally disagree with Mayor Carollo, and is the veto
message on the proposed Independent Auditor General.
Chairman Plummer: You're going over time.
Mr. Gonzalez-Goenaga: Let me tell you, I wasn't here...
Commissioner Teele: Mr. Chairman, I would love to hear his
remarks on this.
Chairman Plummer: OK.
Mr. Gonzalez-Goenaga: Is... My remarks are contained in
five previous meetings that I spoke about. And, learning
from past experience, the issue of check and balances in
this City or in any other government is accountability. We
cannot expect to have independent auditors find out if there
is any kind of fraud or mismanagement, because you guys, no,
I am sorry, two of you guys have been here, you have been
for 28 years, and you did not discover it for whatever
reason. If we would have an independent auditor totally
responsible, appointed by the Commission, totally
3 August 16, 1999
responsible, just like in a banking institution, to the
Board of Directors, you can order these to review "X"
department, including the Office of the City Manager. If
these things would have been accomplished before, we won't
have had the problems that we have, have had for many years.
So, I strongly urge that you override this particular veto,
and of course, if you want to go to elections, let everybody
go to elections. Why the Mayor only? You are going to be
elected, I don't know, in such a short time, Mr. Plummer.
We really love you, but you have been here too long, and
listen, start to use some kind of common sense. And, I
could expand in the other ones...
Commissioner Teele: Mr. Chairman, I have heard a little bit
more than I wanted to hear.
Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: Thank you.
Chairman Plummer: Ha, ha, ha. You know it's one of the few
times that I can agree with "Boom -Boom" that on the Auditor
General, he and I concur on the same statement. OK, Mr.
Flanders, up and Adam.
Mr. Bob Flanders: Good afternoon, Commissioners, City
Manager Warshaw. My name is Bob Flanders, and I live at 720
Palm Bay Lane in Miami. Gentlemen, today you are going to
vote on whether or not to accept or override the Mayor's
veto of the Charter amendments. Many people have told me
that it is a done deal and for me to speak is absolutely
futile, but I reject it because I know, as well as well as
you do, that one person can make a difference. Just look
what a difference Donald Warshaw' has made both as Police
Chief and as our City Manager. Today, I speak for many
silent citizens who are afraid to address you because they
are afraid of you, because of what you can do, because of
the way that they perceive government is run in Miami, and
that you will screw -up with their CDBG (Community
Development Block Grant) funds, or you'll take something
away from them. But, I will tell you this, they are
supportive of the Mayor's veto of these proposed Charter
amendments, and here are the reasons why. One, "if it ain't
broke, don't fix it." Right now, we are climbing out of a
whole, it took us 25 years of bad government and bad
management to get into. Why is this so important now? It's
very expensive, just the suggestion that it may happen has
already cost the people of the City of Miami one to two
million dollars ($2,000,000) in higher bond interest. And,
gentlemen, the window of opportunity for us to get a lower
4 August 16, 1999
rate is closing because interest rates are going up, and
this money could have been better spent in parks or in
economic revitalization. Three, it's being done for all the
wrong reasons. Gentlemen, perception is 95 percent of
reality, and Miami residents truly believe that you voted
for the proposed Charter amendments for your own selfish
reasons, and not for their best interest. They think that
you are trying to change the rules, in the middle of the
game, to dump the Mayor and the City Manager and to seize
more power to meddle in the day to day affairs of the City
departments, in order to dispense favors like City Manager
Odio used to do. As John Kennedy once said "today
gentlemen, you are going to be asked if you are men of
courage, men of integrity, men of judgment and men of
dedication." If you actually want Miami to flourish both
politically and economically, you will support the Mayor's
veto. By doing so, you will also earn the support of
thousands of your fellow citizens who are disgusted with the
same old "business as usual" at Miami City Hall. Thank you.
Chairman Plummer: Thank you, sir. Heikke, you are next.
Mr. Heikki Talvitie: Thank you, Commissioners, my name is
Heikke Talvitie, I live at 1245 Northeast 815t Terrace. I
am the president of the Shorecrest Homeowners Association.
Today, we may not have the best possible form of government
in the City of Miami, but however, it was only less than two
years ago we changed it. We haven't even had a full term
elections yet. District II hasn't been through an election
under a district- system yet. We should let the system
mature, irrespective to all our personal differences. We
should give time for the system to see if it works or not.
The City's financial crisis is not over yet, by far from
that. And, by going for Charter amendments, we will be
throwing the City in a turmoil, at least for three months
until November or so, or then from there on another six
month, so it's easily nine months we are going to be in
turmoil. I don't think we can afford that. That is a very
bad policy decision at this time. To say that let's have
the people choose and decide, in my opinion, that's a cop-
out. We elected you to be leaders, and we urge you today to
be a leader. A leader who can lead us for the 21st century.
We can have a City with your vision that it's going to be
one of the best places in the world if we still choose to.
Thank you.
Chairman Plummer: Thank you. Frank.
Mr. Frank Balzebre: Frank Balzebre, 3925 Park Drive,
Coconut Grove. I too, like Mr. Flanders here, am here for
5 August 16, 1999
myself and a lot of citizens who are afraid to come here and
speak for themselves. Three basic points. Don't
underestimate the voting public. You saw what the Dade
County citizens did with the penny option sales tax, almost
with a two to one margin. There is a lot of, there is a
growing sentiment there. I think that tells a lot of how
people feel about current government, not just the City, nor
municipalities. There is a distrust there and you have to
deal with that. You are at a very vulnerable point, in
making this decision. I would hate for you to repeat the
mistake that Mayor Penelas did. The people aren't ready for
Charter change. Let the current structure play itself out,
and at the- appropriate time, bring into view this debate,
then, have discussion, and bring in the people with the
grass roots and the citizens on the committee hearing,
Charter Committee hearings. But, I urge you, don't make the
same mistake, and don't underestimate the public. Thank
you.
Chairman Plummer: Dan.
Mr. Dan Ricker: Right. First, I would like to thank you
for putting me on that Standing Committee for the Coconut
Grove. Thank you, very much. Now!, I would like to speak in
support of some of the profound words that Mr. Robert
Flanders just said, probably much more eloquently than I
could. I still, and I have talked about this in the past,
believe in the "go slow" - get rid of the Oversight Board
approach." All in Dade County are interlinked. We, the
letter that Mayor Penelas should not be totally disregarded.
He's, this is like your, our father saying something to us.
And, Jeb, Governor Bush is like a grand -father. But, my
point is, people are concerned. People are watching.
Political stability in town for' the last 18 months has
actually been pretty, fairly pleasant. People are talking
about how things are actually changing. Things are working.
Isn't it kind of interesting. The strength of the Charter
is its flexibility, yet the strength of the Charter is its
ability to correctly be changed in a thoughtful, timely
manner. I think in this case, it has been done wrong, and I
hope you will really reconsider some of the issues. Thank
you, very much.
Chairman Plummer: Thank you, sir. The last speaker is Mr.
Tom Gabriel, president of the Firefighters.
Mr. Tom Gabriel: Tom Gabriel, Local 587, Miami Association
of Firefighters. I think that all the Commissioners know
that the Miami Association of Firefighters is totally
opposed to resolution or issue number six which is the
6 August 16, 1999
changing of the government. I won't speak at this point to
the other issues, because I believe that that one is to us,
a, the major issue here. We are totally opposed to these
changes and we are skeptical of the motives behind them. We
think that the process has been working over the last couple
of years. There have certainly been personality clashes,
and nobody is going to say that those personalities clashes
are going to go away when this change in government occurs.
But, what's going to happen is, we are going to take away
what is a nice stable stool approach, a three sort of
support of the Commission, the Manager and the Mayor keeping
our stool nice and strong, and we are going to take one of
those away, and we are going to have either a very unstable,
very unstable form of government or we are going to have one
person leading this government similar to some other towns
close by, and we find that very disturbing. Personally, I
think it's a shame and a sham what is being called to be
done today. I don't believe that anybody should call this
accountability or good government. We will oppose this
change not only at the poles, because we know it's a done
deal, but also through the court. systems. And, for those
who say that they want the citizens to vote, you haven't
given the citizens the right to vote on a lot of issues. I
haven't seen any citizen stand here today and say this is
what we want, and in fact, my guess is, that most of your
offices have received the opposite. So, I think that the
only ones that spoke for it are the political operatives
that work behind the scene, and I think, quite honestly,
they have done a good job, and I am sorry to hear that, and
it's a sad day for Miami.
Chairman Plummer: All right, at this time, I'll close the
public hearing and ask for discussion among the Commission
if they wish to say anything on the record.
Vice Chairman Gort: Let's go one by one.
Chairman Plummer: OK, now Mr. Clerk, please tell me what
Josephine was trying to tell me. According to the City
Attorney, we have to take each one individually.
Mr. Walter J. Foeman (City Clerk): Right.
Chairman Plummer: Now, what is your concern about if I
read?
Mr. Foeman: No, I just wanted to make sure that we were
clear on each, individual Charter amendment issue that we
are voting on. And, in the memorandum that I have put
7 August 16, 1999
before you, we listed the order of each individual issue as
they were passed.
Chairman Plummer: Should I announce what that amendment is,
Mr. City Attorney?
Mr. Alex Vilarello (City Attorney): Mr. Chairman, you can
take them in what particular order you want. I believe the
veto message were delivered and with your first question
actually is the sixth veto. It is the discretion of this
Commission to take the veto overrides in any order that it
wishes.
Chairman Plummer: All right, then we are going to proceed,
and Mr. City Attorney, you correct me if I... I am going to
say the first amendment, we are going to address is 99-608,
which addressed the Independent Auditor General. I have been
handed, by you, Mr. City Attorney?
Mr. Vilarello: No, I believe, by the City Clerk.
Chairman Plummer: Mr. Teele, I have been handed by the City
Clerk, what is the proposed language to sustain the veto or
overrule the veto, and do we have to follow that, Mr. Clerk,
to the?
Mr. Vilarello: Substantially.
Mr. Foeman: Yes. It's in Section 2-36 of the Code.
Chairman Plummer: Well, does each member of the Commission
have a copy of this, sir?
Unidentified Speaker: Did we pass it out?
Mr. Foeman: I am not sure. If not, we can make copies of
it.
Commissioner Teele: He's not going to make a motion.
Mr. Vilarello: I believe the City Clerk passed that out to
just... The motion should be in substantially the following
form: "I move that Resolution number so and so be adopted
and become affected, not withstanding the veto of the
Mayor." It is just a reference in our ordinances on how the
motion would be made.
Commissioner Teele: Point of inquiry.
Chairman Plummer: Mr. Teele.
8 August 16, 1999
Commissioner Teele: Mr. Chairman, I recognize what the
Clerk and the Attorney are saying, and I am in agreement
with what they have said. What I am concerned about at this
point, is the order that they appear on the ballot. Now,
where is that contained?
Mr. Vilarello: Each resolution, Commissioner... I am
sorry. Mister...
Chairman Plummer: Go ahead, Mr. City Attorney.
Mr. Vilarello: With each resolution contains the question
number. A strong -Mayor question is Charter question number
one. The Independent Auditor question that was just brought
up is actually, question number three.
Vice Chairman Gort: Three?
Mr. Vilarello: Three.
Chairman Plummer: Uh-huh.
Commissioner Teele: See, let me tell you what my issue is.
I don't want to sit here in two more weeks over silly stuff
now. It specifies the question number, is that correct?
Mr. Vilarello: Yes. Each, each resolution specifies the
question number.
Chairman Plummer: No, why don't we do it this way. As it's
read, we'll ask the City Attorney what question number it
is.
Commissioner Teele: Well, I think... I think, you are a
little bit more in a jackpot that anybody is owning up to
here, but... I would much prefer, whatever the Chairman
would like, but, I think, since we have voted on the
question order, which is technically a separate resolution,
we need to... I would much rather see us go down question
number one, two, three, four, five and see where we come
out.
Chairman Plummer: The Chair has no problem with that, if
that's what my colleagues which to do.
Commissioner Regalado: That's the order they were placed on
the ballot.
Chairman Plummer: All right, so...
9 August 16, 1999
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Mr. Vilarello: Mr. Chairman, that would be...
Chairman Plummer: Mr. City Attorney, that would be item
number?
Mr. Vilarello: Resolution 99-614.
Chairman Plummer: Six fourteen, all right. Did...
Commissioner Teele: Mr. Chairman, I would move. Where is
the language?
Mr. Vilarello: The language is six -A of Section 2-36. A
motion to override the Mayor's veto would also be
appropriate.
Commissioner Teele: I would move to override the Mayor's
veto on the matter relating to question number one which is
contained in the Resolution number 99-614.
Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Is there any
discussion? Call the roll.
The following resolution was introduced by Commissioner
Teele, who moved its adoption:
RESOLUTION NO. 99-615
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE OF ALL COMMISSIONERS
PRESENT, OVERRIDING THE MAYORAL VETO OF RESOLUTION NO.
99-614, ADOPTED ON AUGUST 2, 1999, WHICH RESOLUTION
CALLS AND PROVIDES FOR A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, PROPOSING AN AMENDMENT TO
THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER
AMENDMENT NO.1, TO ESTABLISH A "STRONG MAYOR -
COMMISSION" FORM OF GOVERNMENT.
(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:
10 August 16, 1999
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AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
Chairman Plummer: The next item. Question number two is?
Mr. Villarello: Question number two is not vetoed by the
Mayor. The next question, number three is that of the
Independent Auditor General.
Commissioner Teele: So, question number two, by not being
vetoed, it stays as question number two?
Mr. Vilarello: Yes, sir.
Commissioner Sanchez: Which sets the term limits?
Mr. Vilarello: Yes, sir.
Chairman Plummer: Question number three.
Mr. Vilarello: Is related to the Independent Auditor
General, and contained within Resolution 99-608.
Commissioner Teele: Mr. Chairman, I would move that the
Mayor's veto be overridden regarding Resolution 99-608,
relating to question number three, and...
Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. Any further
discussion? Call the roll.
The following resolution was introduced by Commissioner
Teele, who moved its adoption:
RESOLUTION NO. 99-616
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE OF ALL COMMISSIONERS
PRESENT, OVERRIDING THE MAYORAL VETO OF RESOLUTION NO.
99-608, ADOPTED ON AUGUST 2, 1999, WHICH RESOLUTION
11 August 16, 1999
CALLS AND PROVIDES FOR A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, PROPOSING AN AMENDMENT TO
THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER
AMENDMENT NO. 3, TO ESTABLISH AND CREATE, COMMENCING
JANUARY 1, 2000, THE POSITION OF AN INDEPENDENT AUDITOR
GENERAL AND THE OFFICE OF THE INDEPENDENT AUDITOR
GENERAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the
resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
Chairman Plummer: Item number four. Mr. City Attorney.
Mr. Vilarello: Would be, with reference to Charter
Amendment number four, contained within Resolution 99-609,
which require, asks the question whether or not the Charter
shall be amended to make for management agreements with non -
for -profit commercial entities subject to 29-B of the
Charter and eliminate the Referendum requirements before the
City sells, leases or executes management agreements with
commercial for -profit entities on'non-waterfront City -owned
property appraised at five hundred thousand dollars
($500,000) or less and exempt from competitive bidding
requirements for the execution of management agreements with
non-profit entities.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I would like to inquire
of the Manager, and I call your attention to the Mayor's
veto message. When these items, these four items were being
put on the roll, on the ref for discussion to be put on the
ballot, there were questions being raised by various
12 August 16, 1999
Commissioners on different portions. In fact, it was one
item and it got broken down into four. Now, I am reading in
The Miami Herald that this would create certain, I think the
word was "gold mines" for organizations. I believe that it
is important that the Manager state that all of these items
are coming from the management, to my knowledge, and, if
they are not, I would like to know which ones are, which
ones aren't, as opposed to, and with all due respect,
Commissioner Gort, let,me apologize, because I am not at all
in any way stating that the Manager's view is more important
than a citizens' committee view. But, I had grave
reservations about these items because I think they really
open the door to some mischaracterization, and to some
allegations of shenanigan, that I am sure the management
doesn't have in mind. But, again, I think it's something
that could be confusing to the voters. And, so, I really
would like for the Manager to put on the record of the four
items that are here, and not necessarily going one, let's
just deal with them as a group or any of these items that
you all put on, recommended to us that we adopt. And, is
there any that you feel strongly about or not strongly
about, because I can tell you, it would be my intentions to
support the Mayor's veto as he's indicated, I think so,
adequately, and I think that he says that I have chosen to
veto the legislation, first and foremost, because the voters
have already stated their views. They rejected this in 194
and again in '98." Secondly, the technical language
contained in there should be reviewed by way of a thorough
process. The City of Miami should explain this more
thoroughly before placing on the ballot. And, he goes on to
make, you know, this basic comment regarding all four of
these issues. And, again, I just think that this is very
subject to some misunderstanding,, and I have a high regard
for the columnist that wrote the article, but I was really
amazed to find that there was so much, the opportunity to
mischaracterize, what I view to be mischaracterization, and
if I am in error, please correct me.
Mr. Donald H. Warshaw (City Manager): Commissioner, the
administration supports and brought forward the
Recommendation in 99-609.
Chairman Plummer: Excuse... Would you repeat that please?
Mr. Warshaw: Sir, the administration supports and brought
forward the information contained in Resolution 99-609.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Ten, eleven and twelve or just?
13 August 16, 1999
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Mr. Warshaw: I am going to introduce them one at a time.
Chairman Plummer: Well, I think the question was, were all
four?
Mr. Warshaw: No. Well...
Ms. Lori Billberry (Director, Asset Management): Yes, all
four.
Chairman Plummer: Mr. Teele, do you have any problem if he
answers to all four at the same time?
Commissioner Teele: Mr. Chairman, I would respectfully
request that he answers all four.
Chairman Plummer: OK.
Commissioner Teele: And, if there is one that it doesn't fit
within that, we would like to understand.
Mr. Warshaw: The administration is in support of these
items, and that's why we brought...
Chairman Plummer: Support of nine, ten, eleven and twelve.
Mr. Warshaw: That's correct.
Chairman Plummer: OK. Does that answer your question, Mr.
Teele?
Commissioner Teele: Well, I guess that answers the question
as far as it goes, but have these items been reviewed by the
Mayor in the context that you all have put them forward, and
in the context of them going forward to his Office, or for?
You have afforded us the opportunity to get your views, but
has the Mayor's Office been afforded that opportunity?
Mr. Warshaw: Commissioner, I can't respond to the level of
the review that the Mayor used in reviewing these items. I
don't know the answer to that.
Commissioner Teele: No, I am not asking about the Mayor's
level of review, I am asking, has the management briefed the
Mayor on these four items and explained to them why you all
feel that they are important?
Mr. Warshaw: I mean, I don't recall if we had a briefing
session. Most of these items were discussed at the Charter
14 August 16, 1999
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Review Committee
of the Mayor's
can't speak to,
Review meetings.
Chairman Plummer
meetings that wez
staff, you know,
other than what
OK, Mr. Gort.
e public hearings, members
were present. I mean, I
happened at the Charter
Vice Chairman Gort: Mr. Chairman, I think it would be very
important to let the... Several meetings were held on this,
at that same time, I have to make this statement once more,
again. All this came out of the recommendation of the
staff. As a matter of fact, one of the committee members
wanted to do this same, a resolution, without any cap to it.
We were the ones that suggested that a cap should be put
into it. And, I had requested, in order to make our
decision, we requested additional information from staff,
and if you look at, I don't know if they have it. But,
Lori, I think it would be very important, these copies that
I have here, if you have available for us and the press,
also. Because, I think it's very important for the people
to know, properties between four fifty and five hundred
thousand, there is two. Between four hundred and four fifty
there is four. Between three fifty and four hundred is
eight. Three hundred to three fifty is six. The majority
of them at fifty thousand or less, which is the one that
people are having the most problem. They cannot get rid of
it. The other ordinance that we talked about, and I am
going to go ahead and address while I am at this, and I
apologize, but I do have a problem with my throat today.
The other problem that we have had is a lot of property has
been taken over by the County because of tax liens. The
County cannot do anything with it, and they will not give it
up to us because we cannot get rid of those properties
because of the... if there is no three bids, and you know,
if those properties are not valuable they are not going to
have three bids. They are going to have to go to elections.
People are not willing to pay for twenty-five thousand
dollars ($25,000), pay one hundred and fifty thousand
dollars ($150,000) for an election to get the approval for
their property.
Chairman Plummer: OK.
Commissioner Regalado: Mr. Chairman.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just for the record, I remembered
when we placed this on the ballot in '98, it had the support
of the Administration. And, I remember, I remember that one
15 August 16, 1999
of the reasons that the Administration decided to go on that
road was when we started asking about a property, Northwest
27th Avenue and 15t Street, that has been there, it was an
old fire station, and had been there for years and years,
and now it's crumbling down. And, the other property, some
land in the Silver Bluff area, and I remember that in '98,
unfortunately, we did not have the means to explain to the
voters of Miami, although the voters of Miami did receive a
leaflet with that. But, I just want to make certain that on
the record it said that in '98, it was supported by the
Administration. I don't know in '94, but I know about '98.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, again, I would urge my
colleagues to think very soberly on this particular issue,
because, quite frankly, the other three items that are on
the ballot, at this point, relate to the structure of
government. This item relates to property. This item is
very subject to being mischaracterized. It is very subject
to the amount of, quite frankly, demagoguery and
misinformation that has characterized many elections. I
want to read for you a column, if I may, just very briefly
that was published on Saturday, August 7th in The Miami
Herald. And, the columnist notes, in talking about
"Operation Greenpalm", "but they didn't wipe out the greed,
the money hungry interest, and the beneficiary of bad
Commission votes. The biggest proof of this rests in the
current bogus referendum." It mentions then, in the next
paragraph the reference to the Mayor's powers and empowering
the Commission. And, then it goes on to say "it busts open
the door for multi -million dollar money pit contracts. It
creates a potential gold mine for Commissioner Arthur Teele,
Jr. One proposed amendment seems tailor -mailed for the
Community Redevelopment Agency which he heads. The measure
would let the Commission sell and lease low -and moderate
income City property without a bidding process, just
imagine, the possibilities." Well, first of all, members of
the Commission and the public, the Redevelopment Agency .is
under state law, and the Redevelopment Agency, Mr. Attorney
would not, to my knowledge, be directly affected by this
resolution or any of these Charters in the disposition of
property. It's governed by state law.
Mr. Vilarello: The Charter provisions addressed here do not
apply to the Redevelopment Agency today. So, these
amendments obviously wouldn't, wouldn't have an impact
whatsoever on the Community Redevelopment Agency.
16 August 16, 1999
Commissioner Teele: And, further more, just so that... I
want to make the Redevelopment Board members comfortable,
that the Redevelopment Agency by state law can grant, or
literally give away by three or one dollar ($1), or for that
matter, any property that is within the Redevelopment
boundaries. And, we certainly, don't have any intention in
doing that. But, what they are making reference to are all
of these vacant lots in every neighborhood, what is called
"Cluc 90" where the owner has effectively abandoned the
property, doesn't pay taxes, and so these are the over -grown
lots as you drive throughout the City. We spend millions of
dollars each year in manpower and dollars in cutting and
mowing these grounds. If we were to do what we said in the
five-year plan that we just adopted and built single-family
homes, for low and moderate income people as provided for by
the federal law, we, literally, could build them a home, but
we couldn't give them the land under it without going out to
bid for three or four bidders. That's, and that's designed
to correct this problem. I support the concept, and I will
support the concept, but I do believe that this is the wrong
time to put this on. I think, you know, if the majority are
going to do it, then so be it, but I want to be a voice that
says that I believe these four items will become the
lighting rod of what's on the ballot, and the issues that
are on the ballot will become sort of consumed with this
notion of feeding into a very deep reservoir of public
distrust and cynicism that the City of Miami is about to
start giving away land. And, I think, it would be much
better, Commissioners, respectfully, I urge you to let's put
this item on the ballot, just like the Mayor said, over a
period of time. There is going to be another ballot on
March the...
Commissioner Regalado: Fourteenth.
Commissioner Teele: March the 14th, whether there is any
election or not. There is going to be an election for
president, George W is going to come to town, and it's going
to be a great day. So, I think that we really don't lose
anything, and I would urge Commissioners to think long and
hard of the potential of commingling issues and getting a
lot of misinformation out there, because this columnist is
one of the most thoughtful, well written columnists in The
Miami Herald. And, you have heard that this matter is
totally incorrect as it relates to that particular agency.
Commissioner Regalado: And, if I may, Mr. Chairman?
Chairman Plummer: Mr. Regalado.
17 August 16, 1999
Commissioner Regalado: Of the six letters or faxes that I
have received opposing this Charter review issues, six of
them, all of them, six, mentioned the fact that the City
Commission will be able to dispose freely, and happily of
the City properties. And, I, you know, I still don't
understand why people so well informed will say that.
Because, in '98, it was the Administration, and just
recently, it was the Administration who wanted properties
that are on the river to be placed on, within this issue,
and the City Commission said no, that no waterfront
property, including river property you said. Now, I cannot
understand why the people that are supporting the good job
that the Administration is doing, will try to pin on the
Commission what the Administration wants to do. For me,
it's a mystery, but I guess, it's politics in the City of
Miami. So, I just wanted to say that.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Out of the seven resolutions put
forward, the Administration has made it very clear they
supported four of them that all dealt with land deals or
pertaining to the land. If we were to remove these four
which apparently were recommended strongly by the
Administration, I think that the message might be sent out
that these four taken out will leave the rest, which may not
have been fully supported by the Administration. So,
therefore, if all seven items - which they all had - were
recommended by a committee who had nine months to put it
together, a committee who I feel had equal representation
not only from the Commissioners, from the Mayor's Office and
some of our distinguished citizens in the City of Miami, to
make those decisions and put them forward, I support all
seven of them on that referendum, and I will continue to
support all seven of them. I just feel that we will be
sending out the wrong message to weed out some of the ones
that had the highly recommended... They were highly
recommended by the Administration. Thank you.
Chairman Plummer: Well, for the Chairman, let me tell you.
As you know, I went into this thing with lot clearing, and I
have got to be honest with you, The Cluc 90's are properties
which I didn't even know existed in this City. This is a
piece of property where the owner of that property has
thrown up his hands and said "take it. I don't want it. I
am not going to pay any taxes on it." And, they accrue to
the County. And, for the last six months, I have been
18 August 16, 1999
trying to work with the County to get those properties
deeded over to the City of Miami to where we could go and
try to put affordable houses on them. These three, four
issues came with the recommendation of the Administration, I
have no problem with them. Is there a motion? We'll have
to deal with them individually.
Vice Chairman Gort: Mr. Chairman, as stated is...
Chairman Plummer: The first one is...
Vice Chairman Gort: You go ahead and make the motion.
Chairman Plummer: I am sorry, did somebody else have a
discussion?
Vice Chairman Gort: Well, I think it's very important that
the Administration make available the documentation that
they have, so people will know the amount of properties that
we are talking about, where those properties are located,
and how much houses, affordable houses we can build in the
neighborhoods, and I think that's very important.
Chairman Plummer: On The Cluc 90's?
Vice Chairman Gort: I think one of the biggest problems we
had in the past is, we took this to the electorate without
really giving the information. We should have put together,
and staff has done a great job on this, and I think this is
information that should be given' to the press and to the
staff, and we should make sure that we put them on Channel
9, so that people can get it. At the same time, I think
it's very important to also have advertised the safeguards
within here. My understanding is, the Commission is
prohibited from determining the price, the price of those
lands, minimum plans will be done by a state representative
appraisals, two appraisals will be the one that will
determine the price of those properties. So, I think it's
very important that this message is sent across to everyone.
Chairman Plummer: In reference to The Cluc 90's, Willy, we
have pages of them.
Vice Chairman Gort: I know.
Chairman Plummer: OK, 99-609 is the first one. Is there a
motion?
Commissioner Sanchez: Motion, motion to override the veto.
19 August 16, 1999
Chairman Plummer: Motion to override veto by Sanchez. Is
there a second?
Vice Chairman Gort: Second.
Chairman Plummer: By Gort.
Vice Chairman Gort: For reasons stated.
Chairman Plummer: For reasons stated. Call the roll.
Commissioner Sanchez: Yes, sir.
Commissioner Regalado: Members of the Commission, I think
that what has been said here on the record will probably get
a one liner in tomorrow's paper, and probably 15 seconds on
the 11 o'clock news. And, the whole campaign will be done
around the greed of the Commissioners to give away the land
of the Miami, the City of Miami to their friends. So, I
think that the only way to defuse that since we do not have
access daily to the Media, and it would be a very hard
campaign so the voters would understand exactly what this is
all about, and for this reason, I am voting, no.
Vice Chairman Gort: Yes.
Chairman Plummer: Continue the roll call.
Commissioner Teele: Mr. Chairman, as I stated, this is a
very good proposal, but this is going to wind-up totally
becoming the issue of give-away. I vote, no at this time,
and I'll be glad to vote to put it on at the next available
election.
Chairman Plummer: Yes.
The following motion to override the veto was introduced by
Commissioner Sanchez, who moved its adoption:
MOTION - FAILED
Upon being seconded by Vice Chairman Gort, the motion
failed by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
20 August 16, 1999
ABSENT: None.
Chairman Plummer: 99-610. Is there a motion?
Mr. Vilarello: The motion to override fails.
Chairman Plummer: Oh, I am sorry. Was I supposed to
announce that? OK, the next issue is 99-610. Is there a
motion?
Commissioner Sanchez: Motion to override the veto.
Chairman Plummer: Motion by Sanchez, seconded by Gort. Any
further discussion? Call the roll.
Commissioner Sanchez: Yes.
Vice Chairman Gort: Yes.
Commissioner Regalado: No.
Commissioner Teele: No, sir.
Chairman Plummer: Yes.
Mr. Foeman: The motion to override the veto fails.
The following motion to override the vedto was introduced by
Commissioner Sanchez, who moved its adoption:
MOTION - FAILED
Upon being seconded by Vice Chairman Gort, the motion
failed by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Chairman Plummer: Motion 99-611.
Commissioner Sanchez: Motion to override the veto.
21 August 16, 1999
Chairman Plummer: Motion by Sanchez.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. Any discussion? Call
the roll.
Commissioner Sanchez: Yes, sir.
Commissioner Regalado: No.
Commissioner Teele: No, sir.
Chairman Plummer: Yes.
Mr. Foeman: The motion to override the veto fails.
The following motion to override the veto was introduced by
Commissioner Sanchez, who moved its adoption:
MOTION*- FAILED
Upon being seconded by Vice Chairman Gort, the motion
failed by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Chairman Plummer: Ninety-nine... Where are we now, on 14?
Mr. Vilarello: Resolution 99-612.
Chairman Plummer: On 99-612, is there a motion?
Commissioner Sanchez: A motion to override the veto on
twelve.
Chairman Plummer: By Sanchez, seconded by...
Vice Chairman Gort: Second.
Chairman Plummer: ... Gort. Any further discussion? Call
the roll.
22 August 16, 1999
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: Yes.
Commissioner Regalado: No, no. This is City -owned
property.
Mr. Foeman: This is 612.
Chairman Plummer: Willy, we got one more.
Vice Chairman Gort: Yeah, I know.
Chairman Plummer: Do we have one more?
Mr. Vilarello: No.
Chairman Plummer: Oh. Hello?
Commissioner Regalado: This is which one? This is a third
of the City...
Mr. Vilarello: This is Resolution 99-612, motion to
override.
Mr. Foeman: Six twelve.
Chairman Plummer: This is 612. This is on the Cluc
properties. It's Cluc 90's.
Commissioner Regalado: Is this an independent audit?
Commissioner Teele: Uh-uh.
Mr. Foeman: No.
Commissioner Regalado: I don't have it here.
Mr. Foeman: It's here.
Mr. Vilarello: Commissioner, this item is...
Chairman Plummer: Ninety-nine six twelve.
Mr. Vilarello: ... the one related to the Cluc properties,
or those properties acquired by Miami -Dade County under the
applicable Florida statutes.
Commissioner Regalado: Oh, OK. I vote, no.
23 August 16, 1999
Chairman Plummer: OK.
Commissioner Teele: No, sir.
Chairman Plummer: Yes, I vote yes.
Mr. Foeman: The motion to override the veto fails.
Vice Chairman Gort: What are we voting on?
Chairman Plummer: That's the last one. On 12.
Vice Chairman Gort: What's this?
Chairman Plummer: You voted, yes.
Vice Chairman Gort: Yes.
Chairman Plummer: OK.
The following motion to override the veto was introduced by
Commissioner Sanchez, who moved its adoption:
MOTION - FAILED
Upon being seconded by Vice Chairman Gort, the motion
failed°by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Mr. Foeman: The motion to override the veto fails.
Chairman Plummer: Ladies and gentlemen, I have a personal
statement which I wish to make for the record.
Commissioner Sanchez: So do I, and reserve my right.
Commissioner Regalado: Wait, sorry. We...
Chairman Plummer: I'll be last as always. Mr. Sanchez you
have the floor.
24 August 16, 1999
Commissioner Sanchez: Yes, sir. Mr. Chairman, first of all
I would like to thank the six individuals that were here
today to express their concern on one of the most important
decisions the City of Miami will make in quite some time.
Mr. Balzebre, Mr. Flanders, Mr. Gonzalez-Goenaga, Tom
Gabriel and Dan Ricker. I want to thank you for taking your
time in coming here and expressing your support. But, this
is such an important issue that should have had, at least,
people lined up from here out to the main street to express
their concerns. And, I'll tell you this much, and I speak
for myself, I am a man of courage, I am a man of honor and I
am a man of integrity. To me, it is not a cop-out. A cop-
out would be for me to vote on it, and not let the people
decide and not let them exercise democracy in it's best
form. No matter what decision I make up here, people are
going to criticize, not matter which way I go. But, I'll
tell you, the best way to go is with the recommendations
made forward. I am going to let the people decide which
recommendations. As a matter of fact, I heard one
individual up here support one of the items, supported the
general auditor, and there is other people that may not
agree, and everybody thought here today when you came here
that everybody was going to vote, veto every item, but we
didn't. See, that's what democracy is all about. Just
because I don't agree with you, doesn't mean that I am not
with you, but, the best thing to.... The outcome is, when
November the 2nd comes, and everyone out there has their
right to express their right without putting personalities
involved in this, because that's what Miami has gotten to
look forward to, gutter politics. People relate people with
people and what they do, and who is this. I have nothing
against anybody in this government, but I'll tell you what I
won't do. For me, maybe you won't agree, but it's a cop-out
for me to decide what's going to be the outcome of you, when
you elect me to decide what I think is right for the City of
Miami. Thank you.
Chairman Plummer: Mr. Regalado, you have the floor.
Commissioner Regalado: Very, very briefly. I supported in
'98, the administration proposal that went into the ballot
to give a leeway to the Administration and sell the property
that we needed so badly to sell. I went on the radio. I
did a lot of programs to explain that. Unfortunately, as I
said before, the Administration did not have the resources
to make the people aware of the importance for the finances
of the City of Miami. And, I remember that at that time
some of the people that call into the radio program said
that Regalado wanted to give property away. And, I was
shocked, because I was never exposed to that, and I was
25 August 16, 1999
following what the Administration wanted. And, what this
environment has done of calling the members of the
Commission corrupt, of having a set mind that all the
changes are just to open the door to corruption. What this
has done is that, has stopped the growth of the finances of
Miami for several months. I am sure that by March, if we
place this on the ballot, the people would vote for it.
But, in this poisoned environment, of calling the members of
the Commission corrupt, thief, and trying to get the
perception that all these changes only are geared to make
people rich. Well, I am telling you, I wish, I wish that I
could have supported this issue to go to the ballot, but I
am sorry, but I think that the City does not need to deal
with more poison than we had already. So, what we are
voting on November the 2nd, is the structure of the
government, and then we'll probably when, if the people
decide either way, we will have the possibility of making
more money for the City of Miami, so we can reduce taxes.
Chairman Plummer: Anyone else? Mr. Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman,
first of all, I want to express my appreciation to
Commissioner Gort and the members of the citizens committee
that studied and worked in the vineyards quietly, for the
better part of six months, • to bring forth these
recommendations. I also want to 'say on the record, that I
believe that the Cluc 90 proposal is possibly the' most
important proposal in terms of empowering neighborhoods and
allowing homeowners to take back their communities because
most of the Cluc 90 properties, virtually all of the Cluc 90
properties, are residential properties. They are not on the
tax roles because in many case's they, the owners have
abandoned them. And, while we go through this huge charade
of sending out Net (Neighborhood Enhancement Team)
administrators and posting it, and swearing at the owners.
The fact of the matter is, the owners have abandoned most of
these properties, and for all practical purposes, these
properties are owned now by government and they just cost us
money to maintain. I say this because I think the committee
did a tremendous job in weighing -through a lot of things,
but like the seven -member district Commission which I think
is also very important, it's not going to be on the ballot.
I agree with Mayor Carollo in his veto message when he says
that the changes to the Charter should be done over a period
of time and we shouldn't try to do them all at one time.
And, I want to pledge to Commissioner Gort and the
committee, that I will sponsor and support any efforts to
bring back, particularly, the Cluc 90 properties because I
think there is no district... I know there is no district
26 August 16, 1999
affected more by Cluc 90's than the district that I
represent. Those properties are largely in the Liberty City
area and in the Little Haiti area, and virtually few of them
are in the redevelopment area. Having said that, I intend
to campaign vigorously in support of the Independent Auditor
General, and as I have indicated previously, we have an
Oversight Board now, but we will not have an Oversight Board
in the future. The governmental structure of the City of
Miami should be fixed. There is a lot of people saying that
it ain't fix... "if it ain't broken, don't fix it", but,
why do we have an Oversight Board if it ain't broken? The
Independent Auditor, in many ways, will take the place of
the Oversight Board, and it will provide for a check and
balance against anyone, whether it be the current form of
government of a Executive Mayor or a Strong Mayor. It will
be an independent safeguard against financial abuses which
quite frankly, the Commission has very limited staff,
resources, and quite candidly, authority to order -up those
documents. Finally, in this regard, very little has been
said of the fact that this Commission has voted, something
elected officials really do. We have voted to limit our own
terms in office. You don't find governments doing that.
Term limits are normally imposed by courts, or by
referendums. We have voted to give the voters that
opportunity, and I think it would apply both to the Mayor
and the Commission, and this is many ways, is something that
I think we have not really stated clearly, nor has it been
publicly aired sufficiently. Mr. Chairman, I would like to
ask the City Attorney, at the conclusion of speeches, if he
would consider from within his current budget allocations of
his staff, the engagement of special counsel whose role
would be to assist in any way '.the City Attorney deems
appropriate, but, specifically, to respond to inquiries and
editorials, press statements and any other authoritative
source that needs the kind of documented research of what
these Charter provisions do and don't do. I think the air
is full of otherwise authoritative, well-informed sources
that have put out a tremendous amount of misinformation.
Obviously, I believe that special counsel should also be
available to respond in the judicial proceedings as the City
Attorney deems appropriate, but at the conclusion of this, I
would move, I would like to gain the City Attorney's
acquiescence in moving that special counsel be retained, of
his choice, from within the current budget of the City
Attorney's Office, from within the budget, that is, the
current year budget, to respond and to make factual
statements and to explain the legalities of what these
Charter provisions do in forums that, quiet candidly, the
City Attorney may not wish or feel appropriate to deal with.
27 August 16, 1999
' J `
At the close of this, I would ask... Thank you, Mr.
Chairman.
Chairman Plummer: All right, now, so let me, because I have
to be... I had to be correct. The four property issues
failed because it required a four -fifths vote, is that
correct?
Mr. Vilarello: Correct, the overrides failed.
Chairman Plummer: All right. So, now we have three issues
left?
Mr. Vilarello: Three questions on the ballot.
Chairman Plummer: We have Strong Mayor, term limits and
Auditor General.
Mr. Vilarello: Yes, sir.
Chairman Plummer: Mr. Gort, you have the floor.
Vice Chairman Gort: I think it is a little important that
we give a little history. And, if you all recall, not too
long ago, when we inaugurated this new type of government,
one of the reasons we were being taken to court... I was
given the assignment to create the districts as soon as
possible, and to have it in the next following elections,
which we did within the period of eight months, and it cost
more than one hundred thousand dollars ($100,000). And, one
of the main reasons was, if that were to go into court, a
judge would have sat down and the judge - with the
petitioner - would decide the districts, what they would
look like. He would not go into the procedures that we went
through, not that I don't trust the judge, but I wanted to
make sure we do it this... In here, a lot of people don't
realize we have a petition out there. If that petition gets
16,000 signatures, what would be taken to the ballot would
be what's in that petition. One of the requirements, I
understand from the petition, is the six-month...
Chairman Plummer: Waiting period.
Vice Chairman Gort: ... that live in the... residents of
the City, only six months, we have for a whole year, and
that's one of reasons I put this. I was against the term
limit. I think the term limit, the best persons to
determine term limits is the electorate, itself. If the
person is not doing a good job, they are not going to elect
him. If he's doing a good job... But, my colleagues want
28 August 16, 1999
L,
J
to take it to the voters, fine. I think it should be taken
to them. So, I think the... In November, the people will
take the elections, and they will say if they want it or
not. If they want to change or they don't want to change.
Chairman Plummer: Anyone else? OK, as long as I have sat
on this Commission, I have always voted on any issue that I
thought was important to the people of this community to
send it to the vote, and let them speak. And, they have
demonstrated to me in the past that they have made very good
decisions as to what they want and what they don't. As far
as my personal decision is concerned in the three issues, I
want to tell you, I will support two of the issues. I will
support the Auditor General, which I think is long overdue,
and I will support the term limits. As to the relation to
the Strong Mayor, I, personally, will vote against that
issue. Is there any further matter to come before this
Commission?
Commissioner Teele: Mr. Chairman, I would like to query the
City Attorney.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Mr. Chairman, members of the Commission.
Certainly, if this City Commission wishes to engage outside
counsel to address those issues outside of the courtroom, I
would welcome any assistance that the City Commission wants
to provide me. However, within the City Attorney's budget,
we don't ever budget for outside counsel fees. Those are
generally budgeted from other accounts. So, there are no
funds available within my budget. Now or even at the
beginning of the year to determine, to provide for outside
counsel fees.
Chairman Plummer: Mr. Teele, my concern happens to be in
that area, but not in the form of legal. It has always been
the posture, Mr. City Attorney, in the past, whenever an
issue was surrendered to the public, that a posture paper,
by the Administration, not politically in anyway, shape or
form, distributed normally by the Sanitation Department who
hits every door, outlining in detail the issues before us
that the electorate can in fact, have good, solid,
independent information. And, I would hope that that would
be considered at this particular time, because all you have
to pay for the paper and the printing and the Sanitation
Department in the past, has always distributed. So, I just
hope that we will have an educated public that will be able
to understand "yes" or "no", they will make their decision.
If they are happy with what's there now they will vote "no"
29 August 16, 1999
'1
v
and if they are not, they will vote the opposite. Is there
anything further? - Get out of here.
?. SCHEDULE PUBLIC HEARINGS FOR FY 1999-2000 BUDGET OT
3EPTEMBER 15 AND.28, 1999.
Chairman Plummer: Is there any further matters to come
before this City Commission?
Commissioner Teele: Mr. Chairman, did we?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Did we agree on a schedule for the
hearings, budget hearings, the last time we met?
Chairman Plummer: Yes, sir, we did. We changed the date or
one, one date or two? Mr. City Manager.
Mr. Warshaw: We changed one date. The first hearing will
be at 5:00 p.m., on September the 15th. The second hearing
will be on the 28th of September.
Chairman Plummer: And, the reason for that is, that we
cannot have our dates on the same as the County Commission,
and for that reason, they superseded us, and took the
appropriate date. Mr. Teele, you are Chairman, would you
like to call a five minute recess, prior to CRA (Community
Redevelopment Agency)?
Commissioner Teele: Mr. Chairman, I would like to get our
of here at six thirty.
Chairman Plummer: Well, it's your call.
Commissioner Teele: Three minutes, five... Three minute
break, recess.
Chairman Plummer: A three minute which turns into a five.
Ladies and gentlemen, I thank all of you for being here. We
will now be going into a CRA, Community Redevelopment Act
meeting, chaired by Commissioner Teele.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:04 P.M.
30 August 16, 1999