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HomeMy WebLinkAboutCC 1996-03-18 MinutesMIAMI PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER FOMAN CITY CLERK or, ITEM SUBJECT NO. INDEX MINUTES OF SPECIAL MEETING March 18, 1996 LEGISLATION PAGE NO. 1. APPROVE INTERLOCAL COOPERATION R 96-198 1-6 AGREEMENT BETWEEN METROPOLITAN 3/18/96 DADE COUNTY, CITY OF MIAMI, AND COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR OMNI REDEVELOPMENT AREA. 2. AUTHORIZE PURCHASE OF OFFICE R 96-199 6-7 FURNITURE FOR CITY OFFICES 3/18/96 (METRO-DADE COUNTY BID 1072- 1/97) -- FROM OFFICE CONNECTION INTERNATIONAL -- ALLOCATE FUNDS ($70,000). MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 18th day of March, 1996, the City Commission of Miami, Florida, met at the Grand Condominium and Doubletree Grand Hotel, located at 1717 North Bayshore Drive, Miami, Florida, in special session. The special City Commission meeting was called to order at 8:39 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Mayor Stephen P. Clark Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Linda Kearson, Assistant City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Commissioner Joe Carollo Vice Mayor Wifredo Gort ----------------------------------------------------------------------------------------------------------- 1. APPROVE INTERLOCAL COOPERATION AGREEMENT BETWEEN METROPOLITAN DADE COUNTY, CITY OF MIAMI, AND COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR OMNI REDEVELOPMENT AREA. Mayor Clark: Show us in special session, Mr. Clerk. As the City Commission. Present: Mr. Dawkins, Mr. Plummer and myself. Commissioner Plummer: And for the record, that it has been duly advertised as a special meeting and what the call is for. Mayor Clark: All right. Commissioner Plummer: I now move, as a City Commissioner, that we adopt the interlocal agreement, as amended by the CRA, to forward to the County Commission as our final document. I so move. 1 March 18, 1996 k_.1 Commissioner Dawkins: Second it. And under discussion. Mayor Clark: Yes, sir. Discussion. Commissioner Dawkins: The amendments must be entered and if any other amendments are added, it is null and void. If you fully accept that amendment. Mayor Clark: I think that's understandable. Commissioner Plummer: That's fine. That's absolutely fine. We are doing it now as a Commission. Commissioner Dawkins: OK. Mayor Clark: Any further discussion on the item? Mr. Manuel Gonzalez-Goenaga: Yes. One clarification. I think that since there are two other Commissioners that represent us in the City of Miami, not by districts, they should be given the opportunity to vote and discuss this. Despasito se llega, Mr. Clark. Mayor Clark: Mr. Goenaga, let me say this. This was advertised publicly. A public hearing was called for. I'm sorry that my colleagues had to leave town. Commissioner Dawkins: Hold it, hold it, hold it. The City Charter says the Mayor or a Commissioner can call an emergency meeting immediately. Commissioner Plummer: No, sir. Commissioner Dawkins: As long as he gets three votes... Commissioner Plummer: Yes, sir. Commissioner Dawkins: ...when there is a meeting. If there is no three votes, there is no meeting. There is three votes. Any Commissioner can call a special meeting, not an emergency meeting, as long as three people show up for a quorum. The Mayor called an emergency meeting, three people are here, this is a legitimate meeting, in my opinion. Is that right, Ms. Madam City Attorney? Ms. Linda Kearson (Assistant City Attorney): Yes, sir. Mayor Clark: Right. Commissioner Dawkins: OK. Commissioner Plummer: And also for the record, both of the Commissioners, who are not present this evening... Mayor Clark: Are on City business. Commissioner Plummer: ...had copies of this document prior to this meting, and to my knowledge, none of them made any comment that they want it reserved, deferred, or in any other way, silence its approval. Mayor Clark: Mr. Clerk, please call the roll. 2 March 18, 1996 k, Ms. Kearson: Mr. Mayor, before you do that, I just want to state for the record, again, as a City Commission, that we are of the opinion the City is not obligated to sign this document. I think Mr. Morris wants to talk to that issue. But again, we had not discussed it with the County Attorney, but he is having conniptions, now, about this. We are of the opinion, again, that you don't have to sign this agreement. Commissioner Plummer: Well, excuse me, are you advising us, for reasons of legal, not to sign? Ms. Kearson: No, I'm not saying that. I'm saying that you have no obligation to execute this document because... Commissioner Plummer: Then tell me what is the downside of us not signing, or the downside of us signing it? Ms. Kearson: Well... Commissioner Plummer: Can we obligated in some way if we sign this? Ms. Kearson: No, there is no obligation on your part. But I think the intent in creating the CRA... Mayor Clark: Sure. Ms. Kearson: ...was to have the distinction between the City of Miami and the CRA. So we are just saying that there is no obligation on the City's part to execute this document. Mayor Clark: What is it, Mr. Morris? Commissioner Plummer: It is the positive side of us doing it other than in concurrence. You are sure, Linda, please, on the record. You are sure that there is no downside to the City Commission signing this document? Commissioner Dawkins: Why would the City Commission sign a CRA document? Commissioner Plummer: Well, that's a damn good question. Ms. Kearson: Yeah, why would you do it? Commissioner Dawkins: Now, why? Ms. Kearson: I mean there... if you have... if the City... Commissioner Dawkins: Why, why, when you gave the authority to the CRA? Commissioner Plummer: I am asking what is the downside and the upside. Commissioner Dawkins: The downside is I'll be angry. That is the downside. Commissioner Plummer: Then you'll be consistent. Commissioner Dawkins: OK. Mayor Clark: All right, go ahead, Dave. 3 March 18, 1996 Mr. David Morris: If I may. The concern that we have is that the ordinance which established the district, the County delegated the powers to the City. We certainly appreciate the fact that the City has delegated the powers to the CRA. But our concern, as I understand it from our Attorneys, is to make sure that we close the loop between the actual establishing ordinance. Commissioner Dawkins: What is the loop? Ms. Kearson: Yeah, what is the loop? Mr. Morris: The loop is from the County to the City... Commissioner Plummer: It's the time frame. Mr. Morris: ...and then the City to the CRA. Ms. Kearson: You are creating the loop. There is no loop. Yeah. Commissioner Dawkins: But that has already been done. Mr. Morris: But that is between the City and the CRA. The County's ordinance is between the County to the City, if that... Ms. Kearson: But the ordinance does not preclude the City of Miami from delegating its powers... Mr. Morris: No. Ms. Kearson: ...to another entity. It just doesn't. So there is no loop unless you create a loop. There is no... Mr. Morris: It does not prohibit that. Obviously, you've done it. Commissioner Plummer: My simple question is, what do we, the City Commission, gain by signing? Ms. Kearson: Nothing. Mr. Morris: The concern that we have is... Commissioner Dawkins: No, answer his question. Mr. Morris: Pardon? Commissioner Dawkins: Answer his question. Commissioner Plummer: My question is, Dave, what do we gain, as a City Commission, by signing? Mr. Morris: Possibly only belt and suspenders. The problem - it works better when I'm with Gary Gullapa - that we have is, if the City Attorney is correct, there... if the City Attorney... Commissioner Plummer: Mr. Mayor. 4 March 18, 1996 4r-- Mayor Clark: Yes, sir. Commissioner Plummer: Linda has advised us, on record, there is no downside. We are not obligated in any way. So what the hell are we arguing about? I move it. Mayor Clark: Dawkins. Commissioner Plummer: As amended. Mayor Clark: As amended, is there a second? Mr. Dawkins, you amended it. Commissioner Dawkins: I'll second it, I'll vote against it, and we'll lose because the City Attorney says it's not necessary. Ms. Kearson: It's not necessary. Commissioner Plummer: No. Commissioner Dawkins: What? No, I'm not. Commissioner Plummer: No, he can vote against it. It's a 2 to 1. Mr. Morris: It's 2 to 1. Commissioner Plummer: Does it take three to pass? Mr. Herbert J. Bailey (Assistant City Manager): No, no, no. I don't think he understands the motion. Commissioner Dawkins: What is the motion? Commissioner Plummer: The motion is to pass it. Ms. Kearson: Yeah, he says, please pass it to execute it. Commissioner Plummer: We have nothing to gain and nothing to lose. It's a non -item. Mayor Clark: Call the roll, Mr. Clerk. 5 March 18, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-198 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE INTERLOCAL COOPERATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN METROPOLITAN DADE COUNTY, THE CITY OF MIAMI AND THE COMMUNITY REDEVELOPMENT AGENCY FOR THE OMNI REDEVELOPMENT AREA, SUBJECT TO THE HEREIN SPECIFIED MODIFICATIONS. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner Joe Carollo Vice Mayor Wifredo Gort COMMENTS AFTER ROLL CALL; Commissioner Plummer: My question is, did it pass or not? Can two pass it or not? Ms. Kearson: Sure, sure. Commissioner Plummer: So be it. Good night, all. ---------------------------------------------------------------------------------------------------------------- 2. AUTHORIZE PURCHASE OF OFFICE FURNITURE FOR CITY OFFICES (METRO-DADE COUNTY BID 1072-1/97) -- FROM OFFICE CONNECTION INTERNATIONAL -- ALLOCATE FUNDS ($70,000). Mayor Clark: We got a motion on... Mr. Dawkins. Commissioner Dawkins: Yes, sir. Mayor Clark: Please, let me have your attention. We got a motion on the floor for the expenditures, the moneys for furniture for the new building. Do you move it? 6 March 18, 1996 Commissioner Dawkins: Yeah, move it. Mayor Clark: Is there a second? Commissioner Plummer: Are you kidding. Yes. I'm not moving in there. He is the only one moving in. Mayor Clark: Moved and seconded. Cast a unanimous ballot of those present, Mr. Clerk. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO.96-199 A RESOLUTION AUTHORIZING THE ACQUISITION OF OFFICE FURNITURE FOR VARIOUS CITY OFFICES FROM OFFICE CONNECTION INTERNATIONAL, UTILIZING EXISTING METRO-DADE COUNTY BID NO. 072-1/97, AT A TOTAL PROPOSED COST NOT TO EXCEED $70,000.00; ALLOCATING FUNDS THEREFOR FROM AN ACCOUNT TO BE IDENTIFIED BY THE DIRECTOR OF FINANCE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION. Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Joe Carollo Vice Mayor Wifredo Gort THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:47 P.M. Stephen P. Clark MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 7 March 18, 1996