Loading...
HomeMy WebLinkAboutCC 1997-04-23 Minutes'PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER FOEMAN CITY CLERK INDEX MINUTES OF SPECIAL MEETING April 23, 1997 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. (A AMEND PROPOSED BALLOT LANGUAGE M 97-299 6-17 TO ABOLISH CITY OF MIAMI -- PHRASE 4/23/97 BALLOT QUESTION IN THE POSITIVE. (B) RECONSIDER SCHEDULING 5/8/97 COMMISSION MEETING TO BEGIN AT 9:30 " A.M. -- RESCHEDULE 5/8/97 COMMISSION MEETING TO 5/7/97 -- SCHEDULE SPECIAL MEETING FOR 4/28/97, AT NOON -- DEFER CONSIDERATION OF RESCHEDULING EXECUTIVE SESSION (POTTINGER VS. (CITY) DIRECT SPECIAL MANAGER /M OF 48/97. CITY ATTORNEY TO GUIDE COMMISSION IN LEGAL AND ADMINISTRATIVE ASPECTS NEEDED TO APPROVE PLAN TO DISSOLVE CITY WITHIN DEADLINES REQUIRED. (D) COMMENTS BY COMMISSIONER PLUMMER REGARDING OVERSIGHT BOARD'S REFUSAL TO MEET WITH COMMISSIONERS. (E) DIRECT CITY ATTORNEY TO EXPLORE LEGALITY OF ESTABLISHING FUND WITH PRIVATE DONATIONS TO FINANCE COST OF CAMPAIGN TO RETAIN CITY. (F) COMMENTS REGARDING RESIDENTS OF WEST GROVE'S APPROVAL OF POLICE ANTI- DRUG TRAFFIC INITIATIVES ON BEHALF OF NEIGHBORHOOD. MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of April, 1997, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 9:14 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: Mayor Joe Carollo Vice Mayor Tomas Regalado Commissioner Humberto Hernandez Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Mayor Carollo, who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: The following proceedings were had eginning at 9:06 a.m., prior to formal commencement of the special Commission meeting: Commissioner Plummer: That was my question. It says: "Which requires a proposal for the transfer of municipal functions, services, responsibilities and liability," but it doesn't say to who. Is it to Sweetwater? Is it to... Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, that's the whole problem. The gist of the problem is, is that you don't have a proposal as of yet as to how it's going to be effectuated. So there will have to be a plan or proposal. There can be any number of proposals, but they just have to be made available before the election for the public to... Commissioner Plummer: So the only thing we're doing today is then just... Mr. Jones: Approving the question, putting it on the ballot. 1 April 23, 1997 Commissioner Plummer: Well, I'll tell you, as tar as I'm concerned, without telling me where we're going to transfer it to, I'm not ready to put it on the ballot. Mr. Jones: Well, the alternative then, Commissioner, is that you don't comply with the deadline. I mean, you know, this is something I advised the Commission months ago that you needed to do this by May 7th. Commissioner Plummer: Well, we still have more time. We got 14... two weeks. Mr. Edward Marquez (City Manager): Commissioner Plummer, if I may? Commissioner Plummer: Yeah. We're not in formal session. I'm just asking questions in public. Mr. Marquez: OK. One of the things that we can do is approve a proposal... ballot language that specifies the references of proposal that we need to work on and formalize as of a certain date and time. You know, there are multiple options on how we can dissolve the City. You have to address your long-term liabilities. You have to address how you're going to deal with current assets and... Commissioner Plummer: Yeah, but I'm talking about the ballot question. Mr. Marquez: Well, the ballot question can refer to a proposal as of a point in time. For instance, if this ballot question right now, "Shall the City of Miami be abolished and cease to exist as a municipality, effective September 3rd, in accordance with Resolution number" whatever, which adopt... "which adopted a given proposal for the transfer of municipal services?" Then, you know, that resolution can be a resolution at some point in the future, let's say July 1st. That's when we will, as a body, would have adopted a plan as of a point in time. And that plan, as we developed it, and with public input and time... Commissioner Plummer: Yeah, but again... maybe I'm missing something. My concern is, if this is the question that goes on the actual ballot that they pull the punch on, yes or no - OK? - and it does not contain who it is going to be transferred to, then in my estimation, this wording, at best, is misleading. OK? Commissioner Hernandez: Let me ask you this. Once we abolish the City, we become unincorporated and then it falls under the obligations of the... Commissioner Plummer: Not necessarily. Mr. Marquez: There's also... Mr. Jones: But that's the reason that the Charter, the Dade County Charter, requires that you make the... whatever proposal it is, available prior to the election, so that the public will have an opportunity to review it. Commissioner Plummer: And they don't require that it be put in the ballot question? Mr. Jones: There's no requirement. I discussed this briefly with the County Attorney's Office, and I do agree, there should be made some... we both agreed that some reference should be made to a proposal. OK? But I don't think in... in my opinion, it is not necessary for purposes of approving the ballot language that you refer, because you don't have a proposal in place as of yet. 2 April 23, 1997 Mr. Marquez: What could be anticipated... Let's say the selection was to occur on September the 4th. You could say in this ballot language that's going to be before the electorate on September the 4th, that, "Shall we dissolve the City in accordance to a plan that was adopted on July the 1st?" That gives us between now and July the 1st to work out the details of the plan, make it formalized, and then it would be available for the public's review before the election. Mr. Jones: Yeah. Well.. Commissioner Plummer: Is it my understanding, if, in fact, as Hernan... Humberto says that this passes, that the only place it can go is to the County? Mr. Jones: No, absolutely not. Mr. Marquez: No, sir. Commissioner Plummer: That's what I thought. Mr. Jones: No. That's... Mr. Marquez: Well as a matter... if I may? Mr. Jones: Go ahead. Mr. Marquez: ... because I'm familiar with County government. If there's an unincorporated area of the County, those city type of services accrue to the County, to the unincorporated... to the (unintelligible) piece of the County. And there will be the County millage for those operations. But our lands you can... In the proposal, you can treat it in a different manner. For instance - and I'm just throwing this in as an example - you can perhaps, in the plans, say that the FEC (Florida East Coast) Bicentennial Park property shall be kept in trust as a park forever, if we haven't disposed of it by the time of the elections, and that all the other properties will be put into a trust for sale at the proper times, not through a fire sale, so that it will liquidate whatever special assessments that the County will impose on the citizens of the former City of Miami. I mean, there's all sorts of things that you can build into a plan that I think will take a lot of deliberation of this body to finalize, and to set forth, and that's one of the reasons why I would suggest that we wait until... You know, give us a month or more to come up with a plan and schedule an election, let's say in September, looking back to a July time frame when a plan would be in place. Commissioner Plummer: When is the scheduled date of the election itself? Mr. Jones: That's for you to choose. Commissioner Plummer: Oh, I thought it was August something. Mr. Jones: Well, that's what you had... the Commission indicated... Vice Mayor Regalado: We're not... "oye"... Mr. Jones: ... that it wanted a late August... NOTE FOR THE RECORD: Commissioner Gort enters the Commission chamber at 9:10 a.m. 3 April 23, 1997 Vice Mayor Regalado: We're not in session yet. We just... Commissioner Plummer: We're not in session. I'm just asking questions, that's all. Commissioner Gort: I'd like to ask a question. Vice Mayor Regalado: Go ahead, interrupt J.L. Commissioner Gort: Let me get ahead of J.L. once. Commissioner Plummer: Sure. Once only. Commissioner Gort: My understanding is the voters... to vote this down, to abolish the City of Miami, it would take a year before the City could turn it over to the County. Commissioner Plummer: Wait, wait, wait a minute... vote it down? Commissioner Gort: That's my understanding. Commissioner Plummer: If they vote it down, it's over. If they vote it yes. Commissioner Gort: I understand that if they vote it yes, it abolishes the City of Miami. Commissioner Plummer: Oh, OK. Commissioner Gort: My understanding, from what I've read, and then you correct me if I'm wrong, we have a whole year to prepare a plan to turn it over. No? Is it done immediately? Commissioner Plummer: Well, it says here that it's not effective until September of '98. Mr. Marquez: But the plan that they vote on to dissolve the City must be in front of them a month before they vote for the dissolving. You have to come up with a plan first, how you're going to dissolve the City. Give the public a month's worth of time on deciding whether or not to accept that plan. Correct me wherever I'm... wherever... to accept that plan to dissolve the City. And if they say yes, you have a full year for that plan to be put into place, so that as of September 3rd if... no later than September 3rd of 1998, the City is dissolved. Commissioner Hernandez: And then the County would be stuck with that plan? Mr. Marquez: Yes. Commissioner Plummer: I have two other questions. Mr. Clerk, what is the estimated cost of this election? Mr. Walter Foeman (City Clerk): If it's a stand-alone election, which it is, Commissioner... Commissioner Plummer: It is, yeah. Mr. Foeman: ... you're looking at a hundred and ten thousand dollars ($110,000) for the conduct of the election; plus advertising, another eleven thousand. Commissioner Plummer: So you're looking for, round numbers, a hundred and a quarter. 4 April 23, 1997 Mr. Foeman: Yeah... OK, twenty... NOTE FOR THE RECORD: Mayor Carollo enters the Commission c am er at 9:14 a.m. Commissioner Plummer: OK. Is there any, Mr. City Attorney, the possibility of the City trying to recover that cost from the people who took up the petition? There's no chance. In other words, the taxpayers of the City have got to pay the gap. I guess my last question is: Does this ballot question have to be in the negative, or can it be in the positive? Joe, we're just talking. Can it be in the positive? I mean, why have we got to be negative, is why 1'm... Mr. Jones: This is basically... I... We're getting into a full discussion. Mr. Mayor, I don't know whether you want to go ahead and convene the meeting... Commissioner Plummer: If you want to, fine. I was just asking questions. Mayor Carollo: Stand up for the invocation, please. NOTE FOR THE RECORD: At this point, the special Commission meeting formally convenes. 5 April 23, 1997 ---------------------------------------------------------------------------------------------------------------- 1. (A) AMEND PROPOSED BALLOT LANGUAGE TO ABOLISH CITY OF MIAMI -- PHRASE BALLOT QUESTION IN THE POSITIVE. (B) RECONSIDER SCHEDULING 5/8/97 COMMISSION MEETING TO BEGIN AT 9:30 A.M. -- RESCHEDULE 5/8/97 COMMISSION MEETING TO 5/7/97 -- SCHEDULE SPECIAL MEETING FOR 4/28/97, AT NOON -- DEFER CONSIDERATION OF RESCHEDULING EXECUTIVE SESSION (POTTINGER VS. CITY) FOR SPECIAL MEETING OF 4/28/97. (C) DIRECT CITY MANAGER / CITY ATTORNEY TO GUIDE COMMISSION IN LEGAL AND ADMINISTRATIVE ASPECTS NEEDED TO APPROVE PLAN TO DISSOLVE CITY WITHIN DEADLINES REQUIRED. (D) COMMENTS BY COMMISSIONER PLUMMER REGARDING OVERSIGHT BOARD'S REFUSAL TO MEET WITH COMMISSIONERS. (E) DIRECT CITY ATTORNEY TO EXPLORE LEGALITY OF ESTABLISHING FUND WITH PRIVATE DONATIONS TO FINANCE COST OF CAMPAIGN TO RETAIN CITY. (F) COMMENTS REGARDING RESIDENTS OF WEST GROVE'S APPROVAL OF POLICE ANTI- DRUG TRAFFIC INITIATIVES ON BEHALF OF NEIGHBORHOOD. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Now, Mr. City Attorney, my question is: Does the wording of the ballot have to be negative, or can it be positive, such as, "Do you want to retain the City of Miami"? Mr. Jones: Well, let me put it to you this way. The language that I propose incorporates the actual question that was certified by the Supervisor of Elections. So I think that the way it's written, it's neither negative nor affirmative. It basically states what the question is, and you either vote affirmatively or in the negative for it. Vice Mayor Regalado: If I may, I was going to ask that because of... I think day before yesterday, Quinn, you told me that we could do the wording of the ballot question. So I think that this question is wrong; that if we were to do a campaign, we'd have to go into a campaign for a "yes" for Miami, and not a "no" for Miami. So I would ask this question be rephrased and... like J.L. said, "Should the City of Miami be retained?" Yes. You vote "yes," for Miami, because it's very difficult to do a negative campaign. You vote "no" if you want Miami, that... It's a little awkward, and I think that we... If we are going to do a campaign, we need to do the positive campaign, not the negative. Mr. Jones: Mr. Vice Mayor, let me address one aspect of it. It's my opinion that the question has to make reference to some proposal for abolition. OK? So it's not as simple as just saying can... you know, "Shall the City be retained?" or whatever. Now, you could probably... We could probably redraft it such that it contains the wording that you mentioned, "Retained and not dissolved in accordance with the proposal for the transfer of services," or whatever, dated such and such, if you want to do it that way. But there has to be some reference made to a proposal for abolition. Vice Mayor Regalado: Whatever. But the final result, do we need to say "no," if we want to keep Miami? 6 April 23, 1997 Mr. Marquez: Should it he retained? Mr. Jones: Yes. Shall it be retained? Yes. Mr. Marquez: The question... One more time. What Quinn had just said was: Should it be retained? Should the City of Miami, as a City, be retained, and not dissolved, in accordance to some plan dated July 1st, let's say? Vice Mayor Regalado: Then we can do a "yes." Mr. Jones: We can do it that way. Mr. Marquez: Then you can do a "yes," and accomplish the legal needs. Vice Mayor Regalado: Because, you know, it's more easy to do a campaign, "Yes, for Miami" than "No for Miami." Commissioner Plummer: I agree. That's why I asked that it be positive. Mr. Mayor, I'm ready to make a motion. i Mayor Carollo: Go ahead, Commissioner. Commissioner Plummer: My motion is that we send this wording back to the City Attorney, and formulate it in a position of positive, keeping the thoughts expressed by this Commission, and get back to us at the earliest available date for further consideration. I so move. Mayor Carollo: There's a motion. Vice Mayor Regalado: Second. Mayor Carollo: Seconded by Vice Mayor Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays". 7 April 23, 1997 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-299 A MOTION INSTRUCTING THE CITY ATTORNEY TO AMEND THE PROPOSED BALLOT QUESTION ("SHALL THE CITY OF MIAMI BE ABOLISHED AND CEASE TO EXIST AS A MUNICIPAL ENTITY, EFFECTIVE SEPTEMBER 30, 1998, IN ACCORDANCE WITH RESOLUTION NO. WHICH REQUIRES A PROPOSAL FOR THE TRANSFER OF FUNCTIONS, SERVICES, RESPONSIBILITIES AND LIABILITIES IN THE EVENT OF A FAVORABLE VOTE ON DISSOLUTION BY THE ELECTORATE?") IN ORDER THAT SAID QUESTION IS PHRASED IN THE POSITIVE SO THAT "YES" ANSWER BY THE ELECTORATE INDICATES THAT THE CITY OF MIAMI SHALL RETAIN ITS EXISTENCE AND NOT BE ABOLISHED; FURTHER DIRECTING THE CITY ATTORNEY TO BRING BACK SAID AMENDED LEGISLATION TO BE CONSIDERED AT THE EARLIEST AVAILABLE DATE. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Gort: Mr. Mayor, I have a question. Mayor Carollo: Go ahead. Commissioner Gort: Is there any election since... My understanding is we might be able to hold this election for September. Commissioner Plummer: Yes. Mr. Jones: Well, if you want it for September. I had prepared it because you indicated that you wanted it in late August. Mayor Carollo: The last day is when? Commissioner Plummer: September 4th. Mr. Jones: September the 4th. Mayor Carollo: September 4th. Commissioner Plummer: That's assuming we have a question adopted by May the 7th. Mayor Carollo: What day is September 4th? 8 April 23, 1997 Commissioner Gort: I want to see if there is any... Commissioner Plummer: It's Sunday afternoon. Commissioner Gort: There's not. Commissioner Plummer: Does anybody know what May (sic) the 4th is? Mr. Marquez: September 4th is a Thursday. Commissioner Plummer: It's a Thursday. Mayor Carollo: It's a Thursday? Commissioner Plummer: Is that the first Thursday or the second? Mr. Marquez: That's the first Thursday. Commissioner Plummer: So it's not a Commission meeting. Mayor Carollo: So the... Which day is Labor Day this year, the day that we celebrate it? Mr. Marquez: First Monday. ML-,nor Carollo: It's Monday? So if we have the... well... I don't know if the Election Department will let us hold the election on Tuesday, the 2nd. Mr. Foeman: Mr. Mayor... Mayor Carollo: I don't think they will, because a lot of the precincts will be closed Labor Day, before... Mr. Foeman: Mr. Mayor? Mayor Carollo: Yes. Mr. Foeman: Excuse me. I've been in touch with Mr. Leahy. The 2nd would be the one day he wouldn't recommend. Mayor Carollo: OK. So it would have to be the 3rd or the 4th. Commissioner Plummer: You know... Excuse me. Just because Mr. Leahy doesn't recommend it doesn't mean it can't be done. Mr. Foeman: That's true. He voiced several concerns... Commissioner Plummer: And I can, you know, appreciate his concerns, but he doesn't call the shots, as far as I'm concerned. Mr. Foeman: That's true Commissioner, I was just conveying his sentiments. Commissioner Plummer: He's a nice guy. He has his thoughts and I abide by those, but take it from there. OJ April 23, 1997 Mayor Carollo: Thank you, Commissioner. Mr. City Attorney... Mr. Jones: Yes. Mayor Carollo: ... how quickly can you draft something that... Today is Wednesday? Mr. Jones: Yeah. Mayor Carollo: By Friday, can you have something in the hands of each member of the Commission? Mr. Jones: Sure, absolutely. Mayor Carollo: Discuss it with each of them, and I'd Iike to see if we could bring this right back, you know, at the latest, Monday or Tuesday, at the very latest. Mr. Jones: OK. Commissioner Plummer: Mr. Mayor, how about Friday morning, just come back here and vote? Mayor Carollo: Well... Commissioner Plummer: Let me tell you what's bothering me. OK? Mayor Carollo: You're right. We need to do it as quickly as possible. Commissioner Plummer: What's bothering me is this rejection, which I knew was going to happen, by the Oversight Board. We've got what, 20 days? Mr. Marquez: The Oversight Board has not formally rejected our plan, as of yet. Commissioner Plummer: Oh. Well, where do the 20 days... I thought that kicked in. Mayor Carollo: Well, maybe because you might have heard something. They're waiting for the 20-year plan. We got to balance... Commissioner Plummer: The 20-year plan? Mayor Carollo: Yeah. We got to balance the budget now by the year 2021. But anyway... Commissioner Plummer: All right. Well, then, if there's not a deadline been set or not... If, in tact, they reject it, it is then 20 days for us to review? Mr. Marquez: Yes. They have to either accept or reject the plan by May 15th. Commissioner Plummer: Oh, OK. Mr. Marquez: And then beyond that it's a 20-day... Commissioner Plummer: Then my concern is not valid. Mayor Carollo: OK. Well, what I'm trying to do is give Quinn a little more leeway to think it through, to consult with each of us. 10 April 23, 1997 Commissioner Plummer: How about Friday morning at seven o'clock? Mayor Carollo: I would suggest that we give him that leeway, you know, at least until Friday to talk, and if you want, in the afternoon, would that be possible? This will be a quick meeting. Commissioner Plummer: I understand that. That's why I thought, you know, everybody could be here at seven o'clock, and we'd be out at seven-o-five. Monday... hold on. Commissioner Gort: You don't have kids. Mayor Carollo: Yeah, that's the problem. Commissioner Plummer: No, I don't got kids. I... well, make it six o'clock. I'll be here. Monday's fine with me, if you make it in the afternoon. Mayor Carollo: You want to make it Monday afternoon, or do you want to make it six in the morning? Commissioner Plummer: Six o'clock Friday morning is fine with me. I'm up. Mayor Carollo: A lot of us are. Commissioner Plummer: Whatever is easiest for the... Mayor Carollo: Gentlemen, what is the will of the Commission? Do we want to meet bright and early on Friday morning or do you want to give the City Attorney a little more time to discuss this with us, to get it right and meet Monday afternoon, then, to finalize this? Vice Mayor Regalado: It's OK with me, Monday afternoon at two. Mayor Carollo: Monday afternoon, two p.m.? Commissioner Plummer: No, not two. Mayor Carollo: OK. Commissioner Plummer: No, make it five -thirty or six. Vice Mayor Regalado: No, six. Mayor Carollo: Six... Commissioner Plummer: Wait a minute. What time is your program over? Vice Mayor Regalado: Six. Commissioner Plummer: Make it six-o-five. Commissioner Gort: Dont' we have the... Commissioner Plummer: We got the Grove? Yeah, that's right, we got the Coconut Grove meeting. 11 April 23, 1997 Commissioner Gort: We got the Grove at... Why don't we make it six -thirty here so we'll be able to do that? Mayor Carollo: Well, I would make it, you know... You could be here by what time, Commissioner? Vice Mayor Regalado: Sorry? Mayor Carollo: You could be here by what time? Vice Mayor Regalado: Six. Mayor Carollo: Six -fifteen? Vice Mayor Regalado: Six, six. Commissioner Plummer: How about noon, Mr. Mayor? How about noon? Mayor Carollo: OK. Commissioner Plummer says noon, that he could make it at noon. Vice Mayor Regalado: Noon? Fine with me. Commissioner Plummer: All right. Noon on the 28th. Mayor Carollo: Very good. Noon on Monday. Mr. Jones: Just for clarification, this would be for September 4th election? Commissioner Plummer: Hopefully, yes. Beverly Solomon (Legislative Coordinator): Can't do it. A hundred and twenty days from Friday is August 23rd. Mr. Jones: OK. I'm informed that that's going to... Mr. Mayor, I'm informed that that's going to be over the 120 days. That's why we're shooting for August. Commissioner Plummer: Ah. This works in the negative. So we don't actually want to officially adopt until May the 7th. If we adopt on the 28th, according to your last paper here, on the 28th of April, the last date... The earliest it can be held is either August 26th... Mr. Jones: No. If you wait until the very latest date, which is May 7th, then you can only have the election on the 26th or the 28th of August. Ms. Solomon: If it's a Tuesday or Thursday. Mr. Jones: If it's a Tuesday or Thursday. Commissioner Plummer: Yeah. But... Wait a minute, excuse me. April 28th, in this column, the fourth column says it still can be August 26th, it just can't be September the 4th. Column three. We want to adopt it May the 7th. We can get together if you want on the Monday... Monday at noon, and go over it and then officially adopt it on May the 7th. Mayor Carollo: I understand, Commissioner. Any... 12 April 23, 1997 Mr. Jones: Yeah. Let's see. What's Monday's date? Monday's date is the... Commissioner Plummer: The 28th. Mr. Jones: ... 28th. Commissioner Plummer: Yeah. Mr. Jones: So if you adopt this on Monday, then the latest date you could hold the election would be August 26th. Commissioner Plummer: We're not going to adopt it. We're going to adopt it May the 7th. Mr. Jones: You're going to do it May 7th? Commissioner Plummer: Right. Mr. Jones: OK, for September 4th. Mayor Carollo: Last but not least... Commissioner Plummer: Mr. Mayor, may I suggest for consideration changing the Commission date in May... Mr. City Manager, changing the Commission date from May the 8th to May the 7th? Then we don't have to meet twice. We just meet once. Mayor Carollo: We could. That would be tine. Commissioner Plummer: I'll move at this time that our Commission meeting date on May be changed from 8 to 7, so that we can comply with the deadline dates. Mayor Carollo: There's a motion. Is there a second? Vice Mayor Regalado: Second. Mayor Carollo: There's a second by Vice Mayor Regalado. Is that all right with the other members of the Commission? All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." 13 April 23, 1997 The following motion and resolution were introduced by Commissioner Plummer, who moved their adoption: MOTION NO. 97-300 A MOTION RECONSIDERING VOTE TAKEN IN CONNECTION WITH SCHEDULING OF THE FIRST REGULAR COMMISSION MEETING OF MAY TO TAKE PLACE ON MAY 8, 1997 BEGINNING AT 9:30 A.M. RESOLUTION NO. 97-300.1 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF MAY TO TAKE PLACE ON MAY 7, 1997 AT 8:30 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Regalado, the motion and resolution were passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: Mr. Mayor, if we're finished for the day, I'd like to just go on the record. Mr. Jones: Yeah, one other thing. We had an executive session planned for May 8th, the morning of May 8th, so... Commissioner Plummer: Change it. Mr. Jones: ... we need to reschedule that. For eight o'clock on May 7th? Mayor Carollo: I might not be able to be here at eight. It depends, you know, if someone gets a cast off or not, and I might have to be taking my kids to school. I don't know. Commissioner Plummer: OK. Oh, you mean not on the 7th or the 8th, either one? Mayor Carollo: We could always make the executive session later on the 8th, or later on that day. Commissioner Plummer: On the 7th? Mayor Carollo: Yeah. Commissioner Plummer: Yeah. 14 April 23, 1997 Mayor Carollo: So let's bring that up again for discussion on Monday, when we meet. I might know better my time before that day how they... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mr. Jones: If you're going to adopt it on the 7th, why do we need to meet on Monday now? Commissioner Plummer: We don't need... Well, we don't need to meet on Monday, really. What I would assume, you will send us, within the next three or four days, an affirmative, positive ballot question. And if there's no objection by any Commissioner, then we'll take care of it on the 7th. If there's any objections, then we'll... Mayor Carollo: We're cutting it real short for the 7th. Mr. Jones: I'll have... What I'll do, Mr. Mayor... Mayor Carollo: I think we have to have the option open of meeting even for five minutes on Monday, because you do not want to leave this until the last day, especially with a full Commission meeting. Commissioner Plummer: Fine, Monday at noon would be fine. Mayor Carollo: Last but not least, Mr. City Attorney, Mr. Manager, please, listen to me carefully. I want both of you... and I know that you both have been extremely busy with the Oversight Board, and putting this five-year plan together. By the way, I think you all have done an excellent job, regardless of what has been heard. However, even though you have had all these responsibilities on you, I want to make it clear that this Commission is instructing both of you - you, Mr. City Attorney, to guide us in the legal aspects; the Manager and some of his key staffers on the administrative side - to put the plan together, be working at it, as you have already, so that there is no doubt, whatsoever, that we will have the full plan put together for this Commission to accept within the time frame that we are required. Commissioner Plummer: Mr. Mayor, as I've said before, and I'm going to say again, this process that we're going through with the Oversight Committee, from the onset was destined for failure. There is no way, in my estimation, that two groups of people can sit down and work out reasonable agreements without sitting at the same table. They continue to avoid sitting with this City Commission around a table to discuss and if... negotiate a plan for the future of this City. For the love of me, I do not understand why they wish to play an independent ball game. And this City Commission is forced to do the same. When you set deadlines, deadlines have to be met, and there is no way, in my opinion, you can meet deadlines when we send them a plan, we don't know whether they've accepted it or rejected it, we don't know when it's coming back, we don't know when the 20 days kick into effect. And to me, it's a hell of a way to run an airline. So I'm just once again going on the record voicing my opinion that it obviously is destined for doom, because, in my estimation, it is not a process that is workable, and because of that, we're going to have whatever it is forced down our throats by them, because we did not meet deadlines. I'm just putting that on the record. Vice Mayor Regalado: Mr. City Attorney, I have a question. Can we seta fund with private donations to campaign for the City of Miami, and from that fund, can we finance the cost of the election? Commissioner Plummer: You have to form a PAC (Political Action Committee). 15 April 23, 1997 M Mr. Jones: Yeah. I have to look into it, Commissioner. I really can't answer you. Commissioner Plummer: For your edification, from the only Commissioner that's been around here before, and I would assume, Mr. City Manager, you will, in fact, do what has been done here before, the only City monies that can be expended for the election, and as I recall in the past, it was to the amount of fifty thousand dollars ($50,000), was to distribute to the public educational material outlining what is the ballot and what are its consequences for... In other words, it can't be political, for or against. But what we had done in the past was we had distributed this, I think, by the sanitation workers, but it's an educational piece of political material for the campaign. Vice Mayor Regalado: Yeah, but, J.L., I'm not talking about City money. Commissioner Plummer: I heard you. You're private. OK? Vice Mayor Regalado: I'm talking about private financing the cost of the election. Commissioner Plummer: Then form a PAC. Yeah. Well, all I'm saying is that it's my hope that we will follow the same tradition that we had, and that the City will issue an educational piece relating to the ballot, which has always been done in the past. Commissioner Gort: My understanding is, and my suggestion is, and I think the Mayor took some leadership on that, is we should create a committee with... each one of us would recommend certain people to that committee, and this is going to be like a regular campaign. That committee will be charged to do the fundraising and the whole works. Vice Mayor Regalado: Yeah, but my question was, from that money, can you finance the cost of the election? Can you give the City of Miami the hundred and some thousand dollars that it would cost? Commissioner Plummer: Sure. Mayor Carollo: If the money is raised, Commissioner, people can surely contribute it to the City. Commissioner Plummer: It's a PAC. A Political Action Committee can do whatever they want with their money. Commissioner Gort: They can set about paying for the election? Commissioner Plummer: They can do that if they want. Mayor Carollo: Even though - and I will say this to you now - that you could be sure that there is going to be big money that's going to be out there against the City, trying to feed all kinds of false information, to purposely try to dissolve Miami. So I would say that every dollar that any of us could raise for a committee that we would form should be spent informing the public of the truth. And after we save the City, like I'm sure we will, then we could worry about seeing if there are some private donations that people might want to pay for the election, if it's there. Commissioner Plummer: Mr. Mayor, if I may? I know the Police Chief sits in his little office with his goldfish bowl watching these Commission meetings. And I wish to send him a message, if I may. And that is that the people of West Grove want the Police Chief to know, through phone calls to my office that they now have been convinced that the action that he is presently taking is that they really mean business. As the gentleman on the corner of Plaza and 16 April 23, 1997 I Florida said to me the other day, it has been years when he could look down the street and see the end not cluttered by drug dealers. I hope the Chief takes that as a great compliment. I hope he keeps up what he is doing, because he has some very happy people in Coconut Grove. He has some unhappy people, because the price has gone up, but the happy people are the ones who we want to tnke care of. Just want to go on the record, compliment the Chief and the department for doing a very fine job. Commissioner Gort: J.L., for your information, the Chief is not in his office watching T.V. He had a meeting in Allapattah with the Allapattah Neighborhood Association. Commissioner Plummer: They have cable, and I'm sure he's watching. Commissioner Gort: No, they don't have cable over there. Mayor Carollo: Anyway, this meeting is adjourned. Mr. Jones: Are we meeting on Monday? Mayor Carollo: We are meeting on Monday, starting at noon. Mr. Jones: At noon? Monday at noon. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:36 A.M. JOE CAROLLO MAYOR ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 17 April 23, 1997