Petition updateSTOP THE BAHIA MAR FIASCO AND THE WAVE TROLLEY FOLLYTHREE Of FIVE COMMISSIONERS VOTE FOR WAVE TROLLEY IGNORING CITY ATTORNEY’S LEGAL ADVICE
Citizens Against Bahia Mar Fiasco
Feb 7, 2018
The 3 Commissioners (Seiler, McKenzie and Rogers) who voted in the Affirmative for the WAVE proposition, completely ignored legal advice from City Attorney (Dean Trantalis and Bruce Roberts voted NO). This is a blatant violation of the Commission’s fiduciary duty. The City Attorney testified that her Office had inadequate time to review the County Commission’s Proposal and there was no opportunity for discussion or negotiation with the County prior to the City Commission Meeting (the County Commission, itself, only approved the proposition by a 5 to 4 margin). Hardly a mandate! This is another case of the Commissioners making their decision in advance and looking for a rationale to support their decision, and then ramrodding their decision through in late evening hours. They not only ignored the substantive objections of dozens of Citizens of Fort Lauderdale but they also ignored the advice of their own legal counsel. This irresponsible action is grounds for setting aside the decision of the Commission. An injunction should be filed on behalf of the Citizens of Fort Lauderdale charging the Commission with breach of fiduciary duty in making a decision that will result in irreparable harm to the Citizens of Fort Lauderdale. The irreparable harm caused by the Commission’s decision will result in the disruption and destruction of City thoroughfares by construction of fixed rail lines and overhead electric lines that will create significant unknown and unfunded generational financial obligations on City and County taxpayers with no measurable financial benefit. Below are a few quotes from the discussion between the City Attorney and the Commission: Everett: "After our review it would be our recommendation that you not sign this version" (at about 4hours 46 minutes) Everett: "Our suggestions to you are to get the best deal." (43:48:05) Everett: "There have not been any negotiations in this matter that I am aware of." Everett: "I have always cautioned this body to not put yourself in a position of being accused of being a defaulting party." (4:51) Seiler: "Between the two agreements on the table which is the better agreement from the City's standpoint?" Everett: "Stick with what you have." Everett: "Mayor, I would be doing you a disservice if I urged you to enter into this agreement. What I am saying is let's take the time and build in the appropriate protections for the City." (At 5:08:08)
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