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HomeMy WebLinkAboutCC 1999-10-27 Minutese, CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON OCTOBER 27, 1999 (Special Commission Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter A Foeman/City Clerk j-'� V ITEM NO. INDEX MINUTES OF SPECIAL MEETING OCTOBER 27, 1999 SUBJECT LEGISLATION SPECIAL MEETING TO DISCUSS JUDY FREDERICA 10/27/99 SMITH'S RULING AND RAMIFICATIONS. RE: DISCUSSION ELECTION FOR STRONG MAYOR IN MARCH 2O00. 1-7 two 1 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of October 1999, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 6:20 p.m. by Presiding Officer, Chairman J.L. Plummer, Jr., with the following members of the Commission found to be present: Commissioner J.L. Plummer, Jr. (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ABSENT: Commissioner Wifredo Gort (District 1) ALSO PRESENT: Donald Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk 1. SPECIAL MEETING TO DISCUSS JUDY FREDERICA SMITH'S RULING AND RAMIFICATIONS. RE: ELECTION FOR STRONG MAYOR IN MARCH, 2000. Commissioner Sanchez: Commissioners, I know that we need a quorum to start this meeting. Yeah, we can't continue to run the City on Cuban time. Is there -- is any of the other Commissioners in the building? Mr. City Manager, it is 6 o'clock. The memo that I received set the meeting at six. I believe that the Mayor has asked some people to go up to his office. I will wait another 10 minutes and I will leave here at 6:15. First of all, I don't think we're going to have a quorum. I'm the only Commissioner here today, and the Mayor has not come down to the dais. Hey, I'm leaving. Mr. Manager, is this a press conference or an emergency Commission meeting? Mr. Donald Warshaw (City Manager): Commissioner, I have the same memo that you have so, it appears that it's an emergency Commission meeting. Special meeting. Commissioner Sanchez: It is 6:11. I did receive this at 3 o'clock today. The Mayor's outside giving his interviews. I would appreciate it if he would start the meeting. The memo says it's at 6 o'clock and I am one that has a wife and kids at home and would like to get home today and spend some time with my family because I tell you one thing, I don't breath, eat politics, like some people around here do, so... Because this is rude. If you got a memo to be here at 6 o'clock... October 27, 1999 ,1 _1 Commissioner Regalado: We have a quorum now. Three members of the Commission. So, Channel 9 should go on the air right now. Mr. Manager, is Channel 9 on the air? Mr. Warshaw: Yes, we're checking right now. It's on. It's on. Commissioner Regalado: Thank you. Commissioner Teele: Mr. Attorney, I mean, I'm going to leave - I have to leave at 6:30, Mr. Manager, Mr. Attorney, colleagues. While the meeting is getting ready, could you just refresh my --could you just inform me and my colleagues that are here, Mr. Attorney, what is the effect -- where are we now? Have you given us -- other than the order, did we get anything from you on that today? Mr. Alejandro Vilarello (City Attorney): Obviously, I have distributed a copy of the order that we received from Judge Smith yesterday, which contains several relevant rulings. A very important ruling in her order was that the ballot language, as written in English, was not misleading or ambiguous and it correctly identified all of the issues that were contained within the Charter amendment. And it went further on to say that the Spanish language translation was also, in fact, more explicit and not misleading or ambiguous in any regard. And, finally, she ruled that the allegations, with regard to the hidden powers shift to the City Commission within a Charter amendment, that there was no such power shift to the City Commission, which was not identified within the ballot language. In fact, that the only changes -- only enhancements to the City Commission powers or changes to the City Commission powers were based and incidental to the change in form of government from the abolishment of the City Manager's position and the transfer of those powers to the City Manager. Of course, ultimately, the court ruled that she felt that the Single Subject Rule was applicable in this case and that the question, when it called for a change in form of government and an election in March of the year 2000, that those were two subjects and the Single Subject Rule was violated. Respectfully, we have filed a Notice of Appeal today, which challenges the judge's ruling with regard to the Single Subject Rule. First, arguing that the Single Subject Rule does not apply for Charter Amendments within Miami -Dade -- for any municipal Charter Amendments in Miami -Dade County. And, secondarily, that, in fact, the question, as written, does not violate the Single Subject Rule, even if it were to be applicable. In other words, the question merely calls for the change of government and provides for an effective date, which would be March of the year 2000. It is my opinion that a Charter Amendment of such a significant nature would necessarily require the identification of an effective date, and that's what this City Commission did when it included within the change of form of government, that it would be effective at an election of March of the year 2000. Commissioner Sanchez: Alex? Commissioner Teele: Mr. Chairman, I asked the attorney... Chairman Plummer: Mr. Teele, you know, I - I've got to tell you. Commissioner Teele: Mr. Chairman, before you say anything, I asked the attorney to just explain to me -- the meeting has not began. If you would like, we can have a silent prayer and the pledge and do whatever you want to do, but I have to leave in 10 minutes. Chairman Plummer: Well, I know who I want to pray for, but that's beside the point. Commissioner Teele: I have to leave at... October 27, 1999 1� 14, Chairman Plummer: Excuse me. Before I do, if I may, all right? Mr. City Attorney, would you please tell me, what is the reason for the call? Mr. Vilarello: The... Chairman Plummer: What are we hoping to accomplish here on a four-hour notice or a five -hour notice? I mean, if we're going to accomplish something, I'll open the meeting. But, other than that, I would like to know the reason an emergency meeting has to be for a special call and... Commissioner Teele: Mr. Chairman? Chairman Plummer: ...what was the purpose in the call? Commissioner Teele: Mr. Chairman? Chainnan Plummer: Mr. Teele. Commissioner Teele: With all due respect, I recommend that you open the meeting. We have the... Chairman Plummer: Everyone, please stand. Mr. Sanchez will give the silent prayer. Commissioner Regalado will, in fact, give the pledge of allegiance. An invocation was delivered by Commissioner Joe Sanchez, followed by Commissioner Tomas Regalado leading those present in a pledge of allegiance to the flag. Chairman Plummer: Now, Mr. City Attorney, give me the special reason for the special call. Mr. Vilarello: What I can do, Commissioner, is read into the record Mayor Carollo's memorandum, which... Chairman Plummer: Read to me what the Charter provides that, when you make a special call, you are limited to only that aspect in the special call. What is the special call? Mr. Vilarello: The Mayor does have the right to make such a special meeting. Chairman Plummer: Absolutely. Mr. Vilarello: And... Chairman Plummer: And I don't deny that. I'm still asking, what is the reason for the...? Mr. Vilarello: The purpose of discussing the referenced court decision and its ramifications, along with any action the Commission would desire to take. Chairman Plummer: All right. Does any member of this Commission wish to discuss the recent action taken by the court? Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I want to raise a point of order. 3 October 27, 1999 Chairman Plummer: All right, sir. Commissioner Teele: I have been told, for nine years that I've served in public office, that the minimum amount of time for a proper notice is 24 hours. Chairman Plummer: Point of order to the City Attorney. Commissioner Teele: I just want to understand. Because one rule — you know, Miami's famous for having a rule for over here and a rule for across the track. Now, are we now adopting the fact that a meeting can be called -- an emergency or a special meeting may be called with less than 24 hours' notice, as a matter of law? Mr. Vilarello: Commissioner -- if I may? The law in the state of Florida is that special meetings can be called with reasonable notice. The Attorney General has ruled that 24 hours is deemed reasonable notice. However... Commissioner Teele: OK. Mr. Vilarello: ...there are exigent circumstances, which some can assert, which would allow for a meeting to be called on a sooner basis. The Mayor has indicated that the exigencies of the court order... Commissioner Teele: All right. Then, I just want a legal opinion, that you find this meeting to be within the state law. Because my understanding of the law has been, 24 hours -- except in case of an emergency declared by the President, the Governor, and emergency not under City of Miami rules, which, buy a party seat is an emergency, but an emergency where a declaration has been declared. I will tell you, Mr. Chairman, I'm very uncomfortable with this meeting and the way its been called because I've never attended a meeting, under the advice of counsel, until this ruling, that was less than 24 hours, except when an emergency had been declared. Chairman Plummer: All right. I'm not going to invoke any privilege about the hours involved. Again, it's my understanding -- Mr. City Attorney, you correct me if I'm wrong — that this meeting was called by the Mayor with a scope being solely to discuss the issue of the recent court decision. Is that correct? Mr. Vilarello: Yes, sir. Chairman Plummer: Now, again, for the second time, is anyone here wish to discuss the recent court decision? Hearing none, I will ask a question only. Mr. City Attorney, it is my understanding, from my conversations with you -- and I'm merely putting it on the record -- that, as automatic, you did, in fact, file the appeal? Mr. Vilarello: I have filed a Notice of Appeal, yes. Chairman Plummer: OK. And, again — you finished? OK. We can go ahead? All right, fine. For the third and last time... Commissioner Sanchez: J.L.? Chairman Plummer: Mr. Sanchez. 4 October 27, 1999 I -I Commissioner Sanchez: J.L., that was one of the questions I was going to ask. Did the City Attorney file the appeal, under what time and... Chairman Plummer: Timely today. Commissioner Sanchez: Timely today? You filed... Mr. Vilarello: I filed it -- it was pretty -- I believe it was before noon, but I don't know when it was exactly clocked in, but today. Commissioner Sanchez: OK. And I just -- you know, if the Mayor called this meeting at 6 o'clock -- it is 6:25 and the Mayor is not here. I think that, through proper, professional courtesy, if you're going to call a meeting, that you call an emergency meeting where I have to drop off -- I have to stop what I'm doing at work, and I do work for a living. I had to take time away from my family, which is enough frustrating with the hours that I put here. At least, the consideration that should be given, on a professional level, is to have the Mayor here to, basically, express his concerns or whatever he's going to speak about this time. Because it's -- you know, we're here at -- I received three hours and I had to cancel appointments. I had a meeting with my wife and my son at school with the teacher today and, you know, it's frustrating to come here and now we're not going to discuss the issues pertaining to this matter, which is a very important issue in this community. And it's just one of the constantly frustrations that I have in this City. You know, with dirty — this is dirty. This is sinister to call a meeting and call everybody out here, and the one who called this meeting is not here. This is the constantly frustration that goes on, whether they're political games or they're not political games. You know, I hope that you would feel like I feel sitting up here and we're not going to have a meeting or we're not going to discuss a meeting. I didn't call for this meeting. I was told to be here, three hours, which I shouldn't have been here if I didn't want to because of the 24 hour ruling or so on. But I'm hear now. And the Mayor who, on record, was the one that set is not here. Now, he's probably going to walk in. You know, there he is. Come on, Mr. Mayor. Mayor Carollo: I've been here for some time. Commissioner Sanchez: Well, you know, sir, with all due respect, out of professional courtesy, if I was the one calling this meeting, I would be here on American time, not Cuban time, sir. Mayor Carollo: Commissioner, I know very much what American time is, since I was raised in the heart land of America. This meeting -- and I'm song that the City Attorney hasn't explained to you my conversation for him -- was for your benefit, and -1 say for your benefit because it's you, along with others here, have stated many times before, the Commission legislates. I'm the executive part of the government and I don't vote. I think that, number one, since I am the only office holder that can officially, by myself, call a meeting of this body, I had a responsibility to immediately call a meeting tonight, to give the legislative branch of this government the opportunity to discuss with the City Attorney, publicly, so that everyone can hear and see the explanations that the City Attorney wants to give, the questions you might want to ask, any statements that the City Attorney wants to give to the Commission and, then, for this Commission to decide in legislating, officially, what it wants the City Attorney to do. I think that if you want your City Attorney to go through an appeal, then you should do what any other normal city in America would do. It would make a resolution, vote upon it, so that the City Attorney is going before the courts with the support of the Commission. If you do not want that, then, someone should make a motion instructing the City Attorney to do otherwise. I am not here to discuss any other issue, Commissioner. I'm not here to make you or anyone else upset. I'm just here to do what I, as an Executive Mayor of this City, should have done, given this body the opportunity to meet, so that the City Attorney could publicly inform you of the different parameters that the judge ruled on and addressed. October 27, 1999 ,1 Commissioner Teele: Mr. Chairman? Chairman Plummer: Just .for the record; if I may? As long as I have served as Chairman, I have made it known among my colleagues that, at any time, that three of them have expressed the desire to the Clerk, not to me, but to the Clerk, that I have three votes that can call a special meeting, without any question whatsoever. But you are right. You're the only one who can call by yourself. Now, if I understood you correctly, Mr. City Attorney; the Mayor has indicated that he discussed more with you than what you have told us. So, now, I'm going to ask you to discuss with us or the Mayor, either one, since there seems to be more than what was in the memo. I would like to know what else was discussed, if there was something. Mr. Vilarello: I mean, with all due respect, Commissioner, number one, I was about to answer your question. You just stopped me from answering it.' The Mayor did advise me, just prior to this meeting, that he wanted to call a meeting, to give this City Commission an opportunity to discuss these issues, as he's referred to just a few moments ago. He also asked me to see him before the meeting started. He was not available when the meeting started and once I was in the chair and the meeting commenced, I couldn't go speak to him. Chairman Plummer: OK. Mr. Vilarello: But that's the extent of the conversation. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I've served as a Chairman. I've served as a member of a legislative body, such as this. It has always been the procedure that all matters that are adverse to the municipal body are automatically appealed. Mr. Attorney, is that the procedure that you have always followed, that the law office always follows. Chairman Plummer: Here, yes. Mr. Vilarello: Commissioner, my obligation... Commissioner Teele: ... in the City of Miami? Mr. Vilarello: My ethical obligation to this City is to make sure that I preserve the interest of the City. This City Commissionalways has a discretion, at some future date, to direct me otherwise. But, certainly... Commissioner Teele: No, no, that's not my question. Is it not a matter of form and procedure that the City Attorney routinely appeals matters? And if the Clerk would be so kind, I would like for you to research the number of times this Commission has voted on an appeal. I recall one vote on -- in my years of service, and that was a vote which I demanded, along with Commissioner Larry Hawkins, which was lost. Was a vote not to appeal on a single member districting in Dade County when the court ruled against us. But that was an affirmative vote brought by a member asking for that appeal. The City Attorney — the County Attorney, the City Attorney. And my only question -- and I'm going to ask it one more time - is it not a matter of form and procedure and policy that the City Attorney of the City of Miami routinely appeals all matters and defends all matters that the City is a defendant in? Mr. Vilarello: Commissioner, in fact, in 17 years I've been practicing, I've never asked the governing body October 27, 1999 1 for authority to file a Notice of Appeal. I've done that and always preserved the City's interest. Commissioner Teele: So, this is, indeed, an extraordinary meeting? And I want to just go back to one point. You are certain that state law regarding notice of meetings speaks of exigent circumstances and not emergencies under the state law? Mr. Vilarello: Correct. I don't — the law does not require it to be under an ordered emergency, as by the Governor... Commissioner Teele: Then, Mr. Chairman, I think this Commission owes Mayor Carollo a debt of gratitude and appreciation for calling us here today and giving us that opportunity, and I would move to adjourn. Commissioner Regalado: I second. Commissioner Sanchez: So second. Mayor Carollo: Mr. Chairman, I thank you for all your time. Chairman Plummer: excuse me. Do I get to call the roll? All in favor, say aye. The Commission (Collectively): Aye. Chairman Plummer: All in opposition? This Commission is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:34 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOE CAROLLO. MAYOR 7 October 27, 1999