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HomeMy WebLinkAboutCC 1998-06-15 MinutesCITY OF MIAMI k INCORk ORATEU l0'�6 COMMISSION MINUTES OF MEETING HELD ON June 15, 1998 (Special) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foe`nan/City Clerk INDEX MINUTES OF SPECIAL MEETING June 15,1998 ITEM NO. SUBJECT LEGISLATION OVERRIDING THE MAYORAL ACTION WHICH 6/15/98 REMOVED THE CITY MANAGER (Jose Garcia Pedrosa) ON R 98-612 RUNE 5, 1998. 1-12 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 15th day of June, 1998, 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 6:36 p.m. by Presiding Officer/Executive Mayor Joe Carollo, with the following members of the Commission found to be present: Commissioner 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, Acting City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Mayor Joe Carollo, who then led those present in a pledge of allegiance to the flag. 1. OVERRIDING THE MAYORAL ACTION WHICH REMOVED THE CITY MANAGER (Jose Garcia Pedrosa) ON JUNE 5,199& Mayor Carollo: Good evening. Before we begin this evening, if I may ask my colleagues if they would like to hear from a certain number of people from either side that they want to speak on either issue or if the Commission would just rather go and discuss among yourselves and proceed? Commissioner Plummer? Vice Chairman Plummer: I'm open. I can't think that there's much that hasn't been said 10 days ago, but surely we don't ever want to deny anyone the right to have their say, but I would say that if anybody's going to speak, that they not be repetitious and that we limit them to a certain number of minutes and I would hope that that would be no longer than two. So that's my thoughts on the matter. June 15, 1998 Mayor Carollo: Anyone else? Commissioner Teele: Mr. Mayor? Mayor Carollo: Commissioner. Commissioner Teele: This is a procedural matter that relates to the charter and the ordinances of the City. .I don't think we need to engage in ... or allow the public, for that matter, to engage in a lot of rhetoric and dialogue. This is really about the charter and the constitution of the city and, unless someone is a legal expert, has some constitutional or governmental insight ... I mean, I think we would just be...it would not be in the public's interest or, quite frankly, in the utility of our own time. So I recognize that the public should have a right to speak on matters that relate to the governance of the City of Miami, but this matter has already been open and now we're down to just strictly a procedural matter. Mayor Carollo: I would agree with you on your statement, Commissioner. Anyone else? OK. Hearing no other member of the Commission express any other opinion, then the Chair would rule that the Commission would proceed in discussing the matter before them here tonight between themselves. If I may, before the Commission proceeds, I can give the gavel to Commissioner Plummer. I just like to read for the record the memorandum of today, June 15th, from the City Attorney. It's a very short memorandum, slightly over ... well, actually it's really a page long. This memorandum is in response to your inquiry regarding the authority of the lump sum payment to the City Manager 401A Plan. In preparing this memorandum, the following documents were reviewed and relied upon. I. Resolution Number 98-171, Resolution II-ICMA Retirement Trust/Declaration of Trust, with an effective date of January 1st, 1997, the Trust III, Inter -Governmental Cooperation Agreement between the City of Miami, the Financial Emergency Oversight Board and the Governor of the State of Florida. Agreement: 1. The resolution provides for a series of benefits, specifically defined herein, and for severance pay in the event of the City Manager's involuntary removal without cause. The pension benefits defined by the resolution are as follows: Option of the City Pension Plan or 401A Plan. City Contribution to 401A Plan up to 33 percent of base salary. The resolution does not specifically authorize or prohibit a lump sum payment, b-weekly payments, or any other kind or any other method of payment. However, the language of up to 33 percent of base salary does not lend itself to an interpretation of the lump sum payment, as it is a percentage of a base salary, payable over the period of time employed. Because payments by municipalities must be based on goods and/or services received in advanced or contemporaneously with payment, even if specifically authorized, a prepayment of a benefit prior to the providing of the service would be debatable and, at a minimum, require further inquiry. II. The trust was last revised to provide an effective date of January 1st, 1997, and annual contributions equal to 22 percent of the City Manager's salary. The trust, without amendment, may not properly receive an amount in excess of the amount defined herein. III. The agreement requires the State Oversight Board review all agreements that have a substantial financial impact. Resolution Number 98-171 contains liabilities to the City in excess of four thousand five hundred dollars ($4,500.00) as of June Ist, 1998. Resolution Number 98-171 had not been reviewed by the State Oversight Board. I'll take the gavel back and the Commission may proceed in discussion between themselves or in making any motion that they see fit is appropriate or not. We'll begin from the left hand side with the senior member, Commissioner Plummer. 2 June 15, 1998 Vice Chairman Plummer: Thanks. I'll pass. Mayor Carollo: Commissioner Gort? Commissioner Gort: My understanding, the reason we got here, all four of us, three of us signed a request and I think we've asked in the past, Mr. Mayor, to please consider the reappointment of the Commission to ... the City Manager to his position and, like I said, I don't see any difference. And, also, an article just came out in the paper. I think a lot of things have to be clarified and I think this gentleman should have time to come in front of us and clarify if a lot of the accusations have been made to him. Mayor Carollo: Commissioner Sanchez. Commissioner Sanchez: Let me just elaborate a little bit. I think that this City has stood still for too long all ready. I'm going to describe this city as a ship in the middle of the ocean without any engines and just drifting with the currents. I asked my colleagues here today to make a decision and, hopefully, we could all get together and make the right decision for the City. That's all. At this time, I'll pass. Mayor Carollo: Commissioner Teele. Commissioner Teele: Thank you, Mr. Mayor. I did not sign the petition. But I am extremely concerned, Mr. Attorney, with the procedures that we're undertaking as a legislative body. I find it almost shocking in that we would meet in a meeting and then have the kind of dialogue that is going on in the press and the public about the establishment of the meeting. I would take this opportunity to urge my colleagues... we've got to clarify this charter. I mean, we're looking like Student Government 100. This is a horrible statement about democracy and a government. We need to be very clear. If there's a difference between the legislative and the executive, there's a difference between the executive and the legislative, we need to get in a position so that the legislative body can function. We don't need City Attorneys trying to make opinions on the fly and as it relates to what our procedures are. We establish our procedures. Mr. Attorney, now I need to understand. I've got Mason's here and I've reviewed it, as you know. Does not the City Commission or a legislative body essentially determine its rules? Mr. Alejandro Vilarello (City Attorney): Yes, sir. And, as you have brought to my attention at prior meetings, we will be looking to bring something before you so you can consider procedural rules and adopt them. Yes, this Commission establishes its procedural rules. Commissioner Teele: And the changes in the charter, that would have to be on the September ballot or the October or November ballot, how do we address those? What's the window on those? Mr. Vilarello: I've previously provided a memorandum identifying the windows. I can't recall, at this moment, what those are. But, essentially, it has to be passed within a window. If not, sooner than 120 days before the election and not later than 60 days before the election. The ordinance... Commissioner Teele: Not sooner than what? 3 June 15, 1998 Mr. Vilarello: A hundred and twenty days before the election. Not later than 60 days before the election. If the City Clerk has the memorandum... Commissioner Teele: Well I think ... you know, if... Mr. Foeman: I can provide you with the memorandum. I have it. Commissioner Teele: Does the charter ... or where does the rule that establishes the prerogative of three members to call a meeting? Mr. Vilarel: There is no provision in the charter or code for that. Commissioner Teele: What's the authority and... Mr. Vilarello: The authority is implied in the necessity of this Commission to consider the override of the Mayor and the removal of the City Manager. Given the fact that you have the power to so override him, the fact that there's not a charter provision or code provision which specifically allows for you to call a meeting, we need to give some meaning to that language. Commissioner Teele: Yeah. And I don't think there needs to be. I mean ... I think the words mean something and it means that you can function. Mr. Vilarello: And so ... Commissioner, what I tried to do was design something that would keep the Commission from violating the Sunshine Law, yet give it the opportunity to consider the issue, which the charter provides that they're permitted to do. Commissioner Teele: Who sets the meeting? I mean ... what is the prerogative of the legislative body to set its own meeting? Mr. Vilarello: Again, the charter and code is silent. So this is certainly one of the issues which would be addressed in procedural rules that this Commission should consider. Commissioner Teele: Can the Commission establish, by resolution, a majority leader or a protectorate of the charter or is there any provision whereby ... is there any prohibition on the Commission being able, by a majority vote of three people, to establish, say, like a majority leader or any term that we would chose to designate? Mr. Vilarello: I would have to review that for you. The charter does provide for a presiding officer. Commissioner Teele: I understand what the char ... I'm saying, but is there a prohibition on the Commission establishing a majority leader or someone that can, at least, function, given the Sunshine Law restrictions in establishing the intent of the Commission? Mr. Vilarello: The charter doesn't deal with that issue one way or the other, so I would have to look into your suggestion or your question. 4 June 15, 1998 Commissioner Teele: When is the last day that this Commission could consider the override of the Mayor's removal of the Manager? Mr. Vilarello: Today is the 1 Oth day. Commissioner Teele: And I believe that I stated in open Commission meeting, when we met the last time, that I was scheduled to be out of town today. I put that on the record, Mr. Clerk. And I think the record will reflect that. And, again, I'm deeply troubled by a memorandum that's signed by three Commissioners that puts us in this position. I had thought or would have preferred that the meeting be on Saturday but, in any event, I think we need to look at how we can organize ourselves and order ourselves in a way that the will of the majority is ... which has generally been the rule in America ... is not being subverted, and I ... I say that, specifically, to my colleagues, that this is a very awkward situation and I would like very much to get on with the matter that the three members that brought us here want to bring forth. Mayor Carollo: Commissioner Regalado. Commissioner Regalado: Mr. Mayor, I was one of the three members of the Commission that called for the meeting. I said I was available and I comply with the date of the meeting. It gave me a lot of time to reflect and reach two firm conclusions. One of them, I hope that we have a motion ... and we probably will... regarding the reinstatement of Mr. Jose Garcia Pedrosa. I have said that I will be voting for his reinstatement and I will. And the second is that we got to stop this circus and we got to stop this cycle. I believe that the people of Miami should know that the City still is working; that the City's picking the garbage; police is arresting people, and we are taking care of the rescue calls but, yet, we need to have some stability, that we have not had in the past three weeks. We have a very good person as Interim City Manager. Don Warshaw has been so prudent, so calm, that he has not even go into the former Manager's office and that is good, because it shows that this is a man who respects the people. But, at the same time, we are not advancing any issues. We're not able to bring to this Commission or to the Administration projects and ideas that most of this Commissioners, if not all, we have in terms of trying to bring legislation that would help the City of Miami. So I just want to say to the people of Miami that I would be voting this afternoon, as I said, and I will, and that I would not participate in any more votes. I hope that the Mayor and the Manager will decide their future relations and the future of the Miami after I participate in this vote. So I don't know, Mr. Mayor, if all the members of the Commission had already had made their comments, but I am ready to vote if there is a motion. If not, I'm ready to move the issue. Mayor Carollo: OK. Vice Chairman Plummer: Mr. Mayor, if I could make a comment, please? Mayor Carollo: Yes. Vice Chairman Plummer: I have to agree with Commissioner Teele. It cries out that we have a flaw ... and whether it's our charter or our code ... that allows this mockery, boon-doggle to continue as it has so far. And whatever it is that needs to be changed, Mr. City Attorney, you're going to have to lead us down that path. Because I don't care what kind of government or form of government, you've got to have a government of checks and balances and we don't have that. And so I totally agree with Commissioner Teele, that I think that we need to address that issue. June 15, 1998 We need to address it quickly and we need to put it back before the voters, as we did in the previous referendum. Mayor Carollo: Any further statements from the members of the Commission? Vice Chairman Plummer: I have a statement, if there's a motion made and ... and the roll call is... Mayor Carollo: Well, I think Commissioner Regalado is going to be making a motion. Commissioner? Commissioner Regalado: Mr. Mayor, any other members have anything to say or we'll proceed with the motion? Mayor Carollo: Commissioner Gort, you need to say anything else? Commissioner Gort: Go right ahead. Commissioner Regalado: I'm ready to introduce a motion to reinstate Jose GarciaPedrosa, City Manger of the City of Miami. Mayor Carollo: There is a motion on the floor. Is there second? Commissioner Gort: Mr. Mayor, as I stated before the last Friday, I don't have any reason to change my mind from what I voted last Friday. I will second the motion. Mayor Carollo: There's a second to that motion. Is there any further discussion from the members of the Commission? Mr. Vilarello: Through the Chair, it needs to be a motion to override the removal by the Mayor. Mayor Carollo: The maker of the motion makes an amendment to his motion to override and the seconder of the motion so agrees. Vice Chairman Plummer: Under discussion? Mayor Carollo: Under discussion still. Vice Chairman Plummer: Mr. Mayor, 10 days ago I showed my face and I made my comments about Mr. Pedrosa at that time and I thought he was a gentleman and I thought he was a professional as he dealt with me. I can't say how he dealt with others on this Commission and I think it's unfortunate that we could not find a way of a compromise of a common ground. I voted for Pedrosa before and if I thought that there was any chance whatsoever that the Mayor was not going to do what he said, I'd vote for him again. But this City cannot continue another 10 days of inaction. I would love to see Mr. Pedrosa be the Manager. I make no bones about it and the Mayor and I, obviously, have a disagreement on that. To me ... I'm speaking for this Commissioner ... he was a good Manager, but we can't continue, because the Mayor has unquestionably said, time and time again, that if this Commission puts him back, he's going to fire him, which he has that right to do. I will not continue this mockery of a system, which is, in fact ... if I were to vote to reinstate him here this evening. If I could vote to reinstate him and he was the Manager, he would have my vote, but it's not there. So those are my only comments. 6 June 15, 1998 Mayor Carollo: Any further statements? Commissioner Gort: Mr. Mayor, I'd like to make sure ... let you know it's been brought up before. This is a new system of government. There's a lot of ironing out that needs to be done and I think we need to set up standards and criteria that we need to follow. I don't think this should be taken personally by you. I think this is something that we demonstrate in the past and, once again, I'm going to reinstate it. When Mayor Suarez wanted to fire the Chief of Police, we told him the Chief of Police is doing a great job. He's not going to fire him. And that's why you had two managers resign. I think we need to set up standards. I think somehow, we need to bring a lot of ..if you'll recall, about a year ago we talked about we should have a Charter Review Committee because there's a lot of changes that need to be done in this City. We going by a lot of the old things that happens in the past that needs to change. And what's taking right now is ... unfortunately, we need to do something about this, not because of you but because it will not happen again in the future and, you know, we'll back you up. We have backed you up a hundred percent in the past and we continue to back you up. But this is something that, unfortunately, we need to do this. And I was hoping ... and I asked you and I requested of you ... I understand you cannot work with the gentleman and I don't want you to keep him forever. All I'm asking is, let's present a budget, a Five -Year Budget, let the Oversight Board, and then we take a decision on that. I know it's hard and difficult and you've tried to work with him and ... I'm respectfully requesting that you try one more time. That's why I second the motion. Mayor Carollo: OK. Any last comments from the Commissioners? OK. Hearing none, let me pass the gavel to Commissioner Plummer again before I make a brief statement and we vote right after. Commissioner Gort, you and I have worked together on many, many issues affecting this City and we had worked well together. At no time have I taken this personal. On the contrary, I too well understand why this is happening, but, nevertheless, I do want to clarify a few points. One, reference to what another one of my colleagues that we have worked very well together. Commissioner Plummer stated. I would take action, like I have, on the Manager, dependent on what new things I find and what you have before you this evening was something that I found out about since the original firing. And that's why I put into the record the memorandum from the City Attorney. One thing, though, I want to make very, very clear to those here and to the public at home, and that is that at no time is this City afloat without no captain at the helm, like a sail ship without a sail. On the contrary, this city has functioned extremely well during the time that Mr. Pedrosa has not been here. The employees have worked even harder than they have worked in the past and, if I may add, with a very high morale during this time. This city has not missed a beat, whether in police protection, fire protection, whether collection of garbage, trash or any of the other services that we provide. And on the one thing that has been mentioned, that is very, very important to us, finishing our budget for the next fiscal year in the new Five -Year Plan that we have to make with the new amendments, we have progressed in the last few weeks, since Mr. Pedrosa has not been here, by leaps and bounds. So the areas of concerns that some might... legitimately might have, I tell you here tonight that are just not there. So, having said that ... and not getting into any further statements or clarifications, if I can get the gavel back, Commissioner Plummer, and if I may ask the Clerk to call the roll, please. Commissioner Teele: Wait, wait, Mr. Mayor. I'm very much, Mr. Attorney, at a lost in terms of the procedures that we're following here. Anytime a colleague... and I assume that, in the context of this Charter, the Mayor makes his debates and comments for the purpose of being a member of the Commission. Your colleagues are afforded the opportunity to at least respond. I take issue, 7 June 15, 1998 Mr. Mayor, with the fact that this City hasn't missed a beat. We were missing beats when Mr. Garcia Pedrosa was here. I'm the one Commissioner who did not support his appointment. I urged my colleagues... you weren't here ... not to do this. Not to appoint him in December. I specifically suggested that maybe we should have a panel of three persons that could be impaneled and I would be comfortable with Mr. Garcia or the Mayor's appointment at that point, because I was very, very concerned that we would find ourselves in this very, very unique position and that is, that you, as the Mayor, clearly have the right to have a manager that you can work with. I don't think that's in debate. And I think they're ... all five of the Commissioners are in support of that exercise of your right, of the right of the Mayor, just like the previous Mayor had that right. And I was not against Mr. Garcia Pedrosa, but I could see very clearly the dilemma that we're in today could have happened and that is that there were court challenges. There were these kinds of issues. Now, at some point, we've got to understand that the City of Miami is on a 12-month, fiscal year that begins October 1. There's a certain amount of things that go on 120 days or so before that fiscal year. And I want to put on the record, I was concerned about the picking up of garbage and the condition of the areas that I represent, specifically Little Haiti, Overtown and Model Cities. I'm just as concerned now. There is just as much garbage out there now on the streets, illegal garbage, as there was before Mr. Garcia Pedrosa and I don't, in any way, want the record to be... I would not like the impression to be given to the citizens of the community that I represent that the City is running with a fine tune because it's not. There are very real budget and legal issues, I think, that need to be addressed, that have not been addressed. The Bank of Tokyo has been waiting on a response for the City of Miami. I brought the matter to the Attorney. I brought the matter to the Manager. And, of course, there has been no response on those notes. This is the same kind of issue because the City has not been able to articulate a management position. Mayor Carollo: Wait, wait a second, Commissioner. Commissioner Teele: Similarly... I'll be happy to yield at some point. Similarly, the Oversight Board has a series of expectations, which have not been fully met. I took the opportunity to speak to a number of people. There have been directives that have been requested and given to the previous Manager, that I'm not sure how that communication is flowing, specifically, there was a strong support for Commissioner Regalado, that the Parks Budget be enhanced. The Parks Budget is an embarrassment for the City of Miami. And there was suppose to be budget instructions going down those lines. So I want to be very clear, that this isn't just about Garcia Pedrosa. This is really about the government of the City of Miami functioning. As I have said to you privately, Mr. Mayor, as I will again say publicly, I will support your decision to have a manager that you can work with, but I really believe that what we're getting ready to enter into now is the proverbial finger pointing. There will be no accountability and no responsibility for anything come November, December, January, coming up if this is allowed to continue. From a business point of view, I see no reason why Mr. Garcia Pedrosa and his team are not there through the end of September. Everything that's wrong, that happens in FY-98, is his fault. There's no question about that. What we're getting ready to get into now, six months from now ... and bear me out, Mr. Clerk. You just put a note right by this ... six months from now there will be finger pointing and things will have fallen through the crack and they'll be more Bank of Tokyo deals that nobody knew about. There will be the blame of Mr. Garcia Pedrosa or whoever the new manager is. And this is, quite frankly, no way to run the railroad. I believe and ... in a very, very clear management chain of command, that Mr. Garcia Pedrosa is responsible right now for everything that is not working. If the Commission reinstates him tonight and if the Mayor fires him without letting a budget process be developed, I think we will have set up for the June 15, 1998 biggest name -game blaming and at the end of the day, Mr. Mayor, I think the Executive Mayor of the City of Miami is going to have to participate in sharing and shouldering that responsibility. And 1 will not say I told you so. But I will say this right here on the record, as I said when Mr. Garcia Pedrosa was being hired, we need to look down the road a little bit and we need to understand what this city is being confronted with. There are a number of financial issues that we need some degree of continuity to deal with. I am not a fan or supporter of Mr. Garcia Pedrosa. I feel that he has done an adequate job and I feel very, very... a very, very real sense of responsibility, that he came into this job with a relatively, unblemished reputation and record, a family, as we all have, and I feel a sense of honor and dignity for any man or woman who is put in this position. I think he should be afforded a graceful way to the door and I think we, as a civilized government, owe that to each other, not to Garcia Pedrosa, but we owe that to each other. And so I would only appeal respectfully, Mr. Mayor, that if this Commission does reinstate him, I would really appeal to you, Mr. Mayor, to work out a time table where there can be some accountability for this year's budget and the budget plans for next year, the Solid Waste Legislation, which I put forth. Mr. Pinon and others did a lot of work on. It's half way through. And I'm going to tell you, Mr. Mayor, you know this better than I do. The amount of illegal dumping is going to increase over the next 90 days, not decrease. Because we're beginning an enforcement process and somebody needs to be responsible for ensuring that this city is being managed on a basis of continuity. So I just say, Mr. Mayor, you feel that the city is running very, very smoothly. I want you to know that it's not running very smoothly in the districts that I represent. The ... since we met here, Commission Plummer, and had that briefing on the ... what should not be called Germ City, but the area there in the northern part of Model Cities, two people have been killed in the very area. One on 60th Street and 15th Avenue last Thursday and, on Friday, on 12th Street and 61 st... on 12th Avenue and 61 st Street, since the briefing on what we're doing. So it's not running very smoothly and we need to understand that. And Mr. Warshaw is doing an admirable job, a fine job. He is an outstanding officer, an outstanding manager, and I think, what my colleague has said about his respect for the personal affects and the personal offices to the manager deserves commendation because he has shown that he is a very civilized and caring individual and I commend you, Mr. Mayor, for having a person of Chief Warshaw's civility and professionalism, holding the reigns of government in this period. But, Mr. Mayor, my plea to you, publicly, as I've told you privately, is let's do this thing in a way that there can be accountability ... not blame ... not pointing blame but there needs to be some accountability for what's going on here. If this man is fired, Mr. Garcia Pedrosa, if he's reinstated and fired again and then we bring in somebody, there will be no accountability for the FY-98 budget and the FY-99 process, other than what people will say until something goes wrong and I can tell you ... I've been here long enough to know, when things go wrong, you can't find anybody, so ... Mr. Mayor, please, please, please... Mayor Carollo: My colleague, I have heard you loud and clear. Before I get into some of the statements that you've made, I need to get a question answered. On the Bank of Tokyo that you mentioned, what is it that they have sent a request of us that the City hasn't answered them? Commissioner Teele: Mr. Mayor, this is a very technical issue. Historically, the CRA has managed the 108 portfolios, however, the 108 is the City of Miami's responsibility. Mayor Carollo: Yes, it is. Commissioner Teele: The Bank of Tokyo filed notice that one of our citizens, who had made ... who had borrowed money, is in default, substantial default, and they were preparing to 9 June 15, 1998 take an action. We're in a, as usual, a very, very, weak second position. The matter was noticed. It came to my attention as the Chairman of the CRA. I asked the CRA Attorney to request additional time. They gave us, you know, the standard 30 days. I was then told by the previous manager... and, quite frankly, I didn't agree with him ... that he didn't want the CRA to deal with it, that he would deal with it. And ... which is fine. I mean ... you know, we're got more to do than we can get done, so I told the CRA staff to turn it over and let the Manager work and do an exit briefing and give him the memos. It was my understanding, as late as last week, that no action ... or no final action had been taken. What ... the only thing that we asked for was an additional 60 days beyond the 30 days. Mayor Carollo: Before the foreclosure? Commissioner Teele: Before they took the time ... took the opportunity to perfect their position. Now, I have not discussed the matter with the City Attorney. I've only discussed it with the CRA staff because we had maintained the relationship with the lender and with the borrower and all those kinds of things. And I only mention that, Mr. Mayor, as just a small issue. That these are things that were on the Manager's desk. I did not appreciate the fact that the ... quite frankly, the Manager felt that the CRA should not have brought the matter to their attention. But, in any event, it's that kind of thing that I am concerned about. The Winn Dixie, for example, should have closed last week. OK. In the Five -Year Plan ... and I don't want to get into he said/she said. But the City stole six million dollars ($6,000,000.00) or ... that an inappropriate word. Let me ... the City took six million dollars ($6,000,000.00) from the CRA for the purpose of selling it ... the underlying land to the Miami Arena, which was Urban Mass Transportation grant money ... grant money land that was given to the CRA. And when the City had the financial problem, the City required the CRA to transfer the title from ... for one dollar ($1.00) from the CRA to the City. The City then sold it... Mayor Carollo: Commissioner, if I can... Commissioner Teele: ...to MSEA (Miami Sports and Exhibition Authority). Mayor Carollo: I think that one is one that we should get into a discussion with more time later on. Commissioner Teele: I just want you to know that if the deal closed, the Winn Dixie deal closed ... I mean, I want the Manager to come back and tell me how we're going to make, you know, the community whole, where the money was diverted from. And we had this discussion long before... Mayor Carollo: That's one that, you know, really is one that we should discuss at another time in an open meeting, that would entitle a lot more time than we have here and it's kind of ..and it's really steering away from the discussion we have here. But going back to the Bank of Tokyo. See, you've made my point again. Here's another matter that I knew nothing about because the City Manager did not inform me of it whatsoever. If I would have been informed of it ... and that's why I asked you what the problem was. Because I was surprised when you mentioned the Bank of Tokyo because if we hadn't answered them on something that they had requested of us, I'm sure that Friday evening that the CEO of the Bank of Tokyo would have told me when we were having dinner at the home of the Counselor General of Japan. And, obviously, he would not have brought something as unpleasant as that up because it would not have been the 10 June 15, 1998 appropriate thing to do over dinner, but if I would have known about this, I could have certainly have brought up the conversation with him or have made an appointment to have met with him this week to have discussed the issue. And I'm glad that you brought me up-to-date, so that you and I can meet. You can give me the information. Commissioner Teele: The Budget Director and the Assistant Manager are both... Mayor Carollo: I can call him up and I'll meet with him. Commissioner Teele: ...knowledgeable. And again, Mr. Mayor, my point is not that there's a problem. My point is, I don't know where all of this is and I would just be ... like to be in a position of having a transition. Mayor Carollo: Well, I understand. But if...on this particular issue with the Bank of Tokyo, if you could make sure that I get the information from the CRA, OK, I will personally call him up and try to get to the bottom of it and see if there's anything they could do at this point and time. But the ... you know, we've talk a lot about a lot of things here and I don't want to take up any more time from the Commission and there's a Zoning Board meeting is waiting to start up the minute we're done here, but let me say for the record that we have not missed a single deadline with the Oversight Board on our budget. We have been up-to-date with them on everything that they have requested from us and ... exactly because of wanting to have accountability is the reason that we're moving forward in the way that we have been and I hope that by tomorrow the Commission could be presented with real numbers from the Budget Department so that 1, along with you, could be able to review them and then get into accountability and get into the continuity that we're talking about, but I don't want to bore my colleagues with any more statements. I think that we all know where we all stand. Anything else that could be said here at this point and time is just taking more minutes from the Zoning Board that needs to meet precisely for some of the major projects that this city is moving forward right now. So, having said that, Mr. Clerk ... if I could get the gavel back from Commissioner Plummer ... if you could call the roll, please. Vice Chairman Plummer: Predicated on my previous statements, I vote no. 11 June 15, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-612 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THOSE COMMISSIONERS IN OFFICE, OVERRIDING THE MAYORAL ACTION WHICH REMOVED THE CITY MANAGER ON JUNE 5, 1998. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman J.L. Plummer, Jr. ABSENT: None Mayor Carollo: This meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:25 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK MAYOR JOE CAROLLO PRESIDING EXECUTIVE MAYOR 12 June 15, 1998