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HomeMy WebLinkAboutCC 1996-06-14 Minutesr TY OF MIAM-1 ISSI A9811, T E S dUNE 14, 1996 PREPAkto by THEt'4FFI CUOPTHE;ClTVCLE ..CITY. HALL WALTER FOEMAN CITY CLERK N {i INDEX e MINUTES OF SPECIAL MEETING June 14, 1996 1. A STATE REPRESENTATIVE LUIS MORSE HAND DELIVERS CHECK FROM FLORIDA SECRETARY OF STATE TO COnaSSION FOR TOWER THEATER RENOVATIONS -- RECOGNIZE COMMISSIONER DAWKINS' LOBBYING EFFORTS IN TALIAHASSEE IN FURTHERANCE OF SAID PROJECT. LEGISLATION PAGE NO. DISCUSSION 1-2 6/14/96 2. CLARIFICATION OF PRIOR DIRECTION THAT 7 DISC"USSION 2-3 1/2 PERCENT BE OFFERED TO THE STATE OF 6/14/96 FLORIDA AS REVENUES IN CONNECTION WITH PROPOSED DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION BY PARROT JUNGLE AND GARDENS, INC. 3. SET JULY 23, 1996 AS DATE OF SPECIAL ELECTION TO SELECT MAYOR; ESTABLISH JULY 1, 1996 AS QUALIFYING DEADLINE. M 96-453 3-12 EMERGENCY ORDINANCE 11372 6/14/96 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of June, 1996, 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 6:08 p.m. by Vice Mayor Wifredo Gort with the following members of the Commission found to be present: I ALSO PRESENT: Vice Mayor Wifredo Gort Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Vice Mayor Gort, after which, Commissioner Plummer led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Mayor Stephen P. Clark passed away on June 4, 1996. For the Special City Commission meeting of June 14, 1996, the Mayor's seat was vacant. ---------------------------- ----------------------------------------------------------------------------------- 1. A STATE REPRESENTATIVE LUIS MORSE HAND DELIVERS CHECK FROM FLORIDA SECRETARY OF STATE TO COMMISSION FOR TOWER THEATER RENOVATIONS -- RECOGNIZE COMMISSIONER DAWKINS' LOBBYING EFFORTS IN TALLAHASSEE; IN FURTHERANCE OF SAID PROJECT. Vice Mayor Gort: We have a few announcements to make before we start this meeting. My understanding is we have Representative Morse here with a check for us, and we'd like to welcome. At the same time I'd like to recognize the work that Commissioner Miller did in Tallahassee. Every time I went to any of the offices they told me, Miller's already been here and he did a great job. Thank you Commissioner. Yes sir. 1 June 14, 1996 tN;d� Representative Morse: Thank you, Vice Mayor Gort and Commissioners. It is indeed a pleasure to be here with you. I haven't been in front of you for some time, but I do bring good news. I have with me from Secretary, Sandra Mortham, Secretary of State, the last installment of the first grant that you all received for the Tower Theater. That was the grant that we granted the City of Miami last year, and this is the last installment of that. You will be receiving some more checks, because this year, our City again applied for and we worked hard... and Commissioner, you were saying, Mr. Vice Mayor Gort, Commissioner Dawkins was there, and he worked very hard, and the State saw fit to give the City half a million dollars more to do the job that needs to be done on the Tower Theater. So we hope that between this last part of the last year's grant, and the new grant for this year, that we will see a renovated Tower Theater, and a revitalization of that section of our City that needs it so much. And with that, if I may go around and hand it to you. Vice Mayor Gort: Thank you very much. Come around here. You've got to give us check, too. Commissioner Dawkins: While he's coming, Mr. Vice Mayor, I would like for the total City of Miami, and everybody listening, to know that we do not get anything without the aid of people like Luis Morse. When you go up there, Luis will come out the Chamber, will come any place to sit and discuss the issue. He also tells us how we can get things done, and he also tells us what to leave alone. That's why we get a lot done, because when you have people like Luis and others up there who say, well, this just doesn't stand a possible chance, let's don't work it, let's spend our energy and efforts on other things, and that's why we got the five hundred thousand dollars ($500,000), because we left something else alone. (Applause) Commissioner Plummer: Come back more often. Commissioner Carollo: Hold on, hold on, I have to say this, because if he goes home and we don't say this, he gets in trouble, big trouble which is true - if it hadn't been for the kind of wife he's got next to him, that helped him, also, in this, that helped all of us, this could not have happened, too. So I thank his wife also, because I know she had a lot of work to do. Representative Morse: Thank you. Vice Mayor Gort: That's ten points. Mr. Manager, here's the money. (Applause) Commissioner Plummer: See you later, guy. ---------------------------------------------------------------------------------------------------------------- 2. CLARIFICATION OF PRIOR DIRECTION THAT 7 1/2 PERCENT BE OFFERED TO THE STATE OF FLORIDA AS REVENUES IN CONNECTION WITH PROPOSED DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION BY PARROT JUNGLE AND GARDENS, INC. Commissioner Plummer: You want me to straighten this out now or afterwards? Vice Mayor Gort: Commissioner Plummer wants to get the a little matter straightened out. I guess he didn't get it straightened out the other day. 2 June 14, 1996 Commissioner Carollo, there's some Commissioner Plummer: Sunshine law very quickly. discussion in reference to the motion you made the other day on Watson Island. It was very clear to me, and I would ask you to reiterate... Commissioner Carollo: What are we talking now? I thought we came here for something else, not Watson Island. Commissioner Plummer: ... Okay, they're just ... two seconds. Seven and a half percent was maximum; is that correct, to offer to the State? Commissioner Carollo: I suggested, Commissioner, that seven and a half percent be what we would offer the State, which is half of what they're asking. Commissioner Plummer: That's what I understood. Commissioner Carollo: OK. Commissioner Plummer: OK, that's fine. You convey it on. Thank you, sir. Commissioner Carollo: Thank you. ---------------------------------------------------------------------------------------------------------------- 3. SET JULY 23, 1996, AS DATE OF SPECIAL ELECTION TO SELECT MAYOR; ESTABLISH JULY 1, 1996 AS QUALIFYING DEADLINE. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Okey-doke. As you will recall, we made a motion on the meeting on Tuesday. The motion was the... we were going to out and see if any one of us, or all three of us, or all four of us would select any of the names. I think the question to be asked... I think everybody has seen the names. Is there any change on any one of those votes? Commissioner Plummer: I'll speak for J.L. I have no change in my thoughts. Commissioner Carollo: Commissioner, I think I made my position quite clear the last time we met to discuss this. I feel that, not only is it the most economical way for the City of Miami to hold an election, but it's the right thing to do in a democracy. Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: I have no change. Vice Mayor Gort: That being the case, if you all recall, the motion was made that if it was no change, then we were going to the special election, and that will take place... We selected the cal from a of o of Jul So first of all I would like to say that we had a lot of is m 1 f date as the 25th y Y good citizens, very respectful people, that volunteered themselves to serve temporary for the four and a half months that it would take. So I want to thank all those individuals that took time to call us and propose their names for consideration. So this... we're still in the deadlock. The motion that was made, if we would not come to an agreement today, the special election would take place on the 25th of July. Correct me if I'm wrong. And the deadline would be on the 15th j of July. Commissioner Carollo: I didn't want to get into a major discussion at the last meeting, because I didn't think that it was the appropriate time to do it, but we need to make some changes here, if we're going to go about this in a fair, proper manner. Vice Mayor Gort: OK. Commissioner Carollo: The deadline... and I think J.L. probably made this when we were having the discussion, in ten days maybe that caused some confusion. The deadline for the qualifying deadline is July 15th, as this ordinance reads. That doesn't make sense whatsoever, because what would happen is then, that you're going to have only ten days for the citizens to finally know who all the different candidates will be, and it will even make it a little tough for the Elections Department. If I may ask the City Clerk the following: By when do you think will be the second date that you will have advertised in newspapers, as State law requires, the election? Mr. Walter J. Foeman (City Clerk): Pursuant to 100.141, I have at least a minimum of twice I have to advertise ten days prior to the... Commissioner Carollo: Right. Mr. Foeman: ...qualifying deadline. So the earliest I could possibly advertise would be the 16th of June, and the latest would be the 5th of July. Commissioner Carollo: OK, so... Mr. Foeman: That's the window that I would have to work with, because that would be the ten days. Commissioner Carollo: Right. Well, this is based on this July 15th. My direct question is, could you place advertisements in the paper, let's say Sunday and Monday, so you would meet with the State requirement of placing two advertisements at least ten days before the final deadline we will place? Mr. Foeman: Sunday and Monday would allow me to do that. Commissioner Carollo: OK. So you have sufficient time already to place those ads for Sunday and Monday. Mr. Foeman: I would have to reserve the space, and that would allow me to do that, yes. I would be able to do that. j Commissioner Carollo: OK. Now that's clear. I suggest, Commissioners, that the filing i deadline would be July 1st. This would give us at least 24, 25 days - actually, 24 days - to have the citizens of Miami know who all the candidates will be that will be running. July 15 doesn't i make any sense, whatsoever. Vice Mayor Gort: Does anyone have... Yes, Commissioner Dawkins. Commissioner Dawkins: I thought that we were... doing this expeditiously to get it done and get it over with. 4 June 14, 1996 u Commissioner Plummer: That's what I thought. Commissioner Dawkins: Now, I'm a little amazed at the City Attorney - I mean, I'm sorry, I beg your pardon, Mr. Jones - at the City Clerk. The other day when we were talking in terms of having a special election, it was suggested to the City Clerk, that he reserve space, in case it was needed. The City Clerk should have reserved the space and had the space ready to start up advertising tomorrow. Now, he simply tells me that he didn't do it, and he doesn't have time. I'll be ruled by the majority here, but if we're going to do it, you can't tell me it's nobody in the City of Miami who does not know now we're having a special election. Commissioner Plummer: Absolutely. Commissioner Dawkins: And if you wait until the 15th, no more people will know. Mr. Foeman: Commissioner Dawkins... Vice Mayor Gort: Yes, Mr.... Commissioner Dawkins: But, on the other hand, if he's telling me that the people do not have time to open a campaign account, raise money, put together a machine to run an operation, then I understand that. But don't say that nobody... I mean, say that, but don't tell me that we're doing this, because it's not the expeditious way to do it. Mr. Foeman: I think I said the earliest that we could do it would be the 16th, that we could place the first ad, pursuant to State law. We've contacted The Herald, and we're able to place that ad at the earliest possible deadline... I mean at the earliest possible date for placement. Commissioner Dawkins: The earliest possible would be what, Mr. Clerk? City Clerk: Would be the 16th. Commissioner Dawkins: The 16th? Mr. Foeman: For the first ad. And... Commissioner Plummer: No, the ad is legal. But, hey, I want to give everybody the opportunity. The 16th... Commissioner Dawkins: That's tomorrow. Commissioner Carollo: That's Sunday, right? Mr. Foeman: The 16th of June, Commissioner. Commissioner Carollo: Sunday. Sunday. Commissioner Dawkins: I mean, I have... OK. I have nothing else to say until we vote on what we're going to do. Vice Mayor Gort: Let me ask you a question. Do we have any problem in July 1st as being the deadline? My understanding is, in checking with the City Clerk on the State, that we have the right to set the filing date. 5 June 14, 1996 Commissioner Plummer: That's correct. Commissioner Carollo: That's correct. Vice Mayor Gort: Am I correct? Commissioner Carollo: That's correct. Mr. Foeman: That's right. Commissioner Carollo: That's correct. Vice Mayor Gort: OK. Does anyone have any problem with July the 1st? Commissioner Plummer: The only reason that we chose ten days prior, because of such shortness of time, was to give everybody that wanted the opportunity to file, and that was the only reason. There's no... I don't know what you would cut it off for. I mean there's really no reason. If somebody wanted to file on the first or on the tenth of July, it really makes no... Commissioner Carollo: Well, J.L. there is a big reason. You know that. Let's quit playing around, OK? Let's lay it on the table. Commissioner Plummer: There's no playing around. Commissioner Carollo: Yeah, you're playing around. Let's lay it on the table. The reason is that we cannot have an election that the people of Miami will not know until ten days before the election who will be running for that position, and that is not fair to the Office of Elections, to the Clerk of the City of Miami. Now I think a period of at least two weeks from today to July 1st is sufficient time for anybody that runs to know that the can file to run. You can file to run, anybody here can file to run. Commissioner Plummer: Joe, the only reason I was stating for the record was, is we were trying... when you voted for the 15th, that it was to give... Commissioner Carollo: I didn't, I did not want, J.L., to get into an argument, and sidetrack what we were discussing at the time, as I stated here. Commissioner Plummer: OK. I... Joe I have no problem with July the 1st. Vice Mayor Gort: Excuse me. Does anybody have any problem with July the 1st? Commissioner Dawkins: No, but let me also have Commissioner Carollo throw in the fact that the 25th is a Commission meeting date, so you may want to take that into consideration. Commissioner Carollo: J.L. originally... J.L. originally wanted to go with Monday, the 29th as the date of the election. Commissioner Plummer: That was the date you gave. Commissioner Carollo: I had no problem with that. The reason that I stated that it probably would be best to be changed from that date was for the following reason: There's no secret agendas here. We're not going to play any games. The fact is that if we would hold the election on July 29, if anyone from this Commission, or if all of us, or some of us would run for the position of Mayor, then we would be in a situation where we would have to hold an additional 6 June 14, 1996 fT 1 special election that would cost the citizens of Miami about another $118,000. The last day that we could have chosen to have the election fall, then, on September the 3rd, which is another regular election that's scheduled, that the cost then to us would be only approximately twenty thousand dollars ($20,000), 18 for advertising and two for placing the additional items on the ballot - would have been July 25th. So if we move the date of July 25th to the 29th, to the 26th, or in between, then there would be additional expenses. Commissioner Plummer: Joe, just for the record, it was not J.L. that said the 29th. It was the Clerk who said that that was the final day, and that was what was used as the final day, was the 29th of July. It was just that simple. Commissioner Carollo: But I am willing, if a majority of my colleagues here, would like to choose the 29th, certainly consider it. Commissioner Plummer: That's fine with me. Commissioner Dawkins: Make a motion. Commissioner Plummer: I'll make a motion that it be July 29th, and the qualifying be July 1st. Vice Mayor Gort: Is there a second? Second? Commissioner Plummer: You don't want that? Commissioner Carollo: J.L. Commissioner Plummer: What day do you want? Commissioner Carollo: I don't want to get into a situation that the citizens of Miami are going to have to end up paying the expense of an additional election. I think if we keep the same day we have here... Commissioner Plummer: That's fine with me. Commissioner Carollo: ... July the 25th, then we would not be in that situation. So, what the... I think the changes that we need to make in this ordinance that's before here... Vice Mayor Gort: Is July 1st. Commissioner Carollo: ...is only July 1st as the qualifying deadline. Commissioner Plummer: May I then make a suggestion that we change the date of the Commission meeting? Commissioner Carollo: That's what we need to do. �++ Commissioner Plummer: That would make sense. Commissioner Carollo: I think that would be proper. Yeah. That would be proper to do, J.L. That 's what Miller was saying. Commissioner Plummer: OK. Then what I would suggest, if we're going to have the election on the 25th, the swearing in could take place in the Commission meeting on the 26th. 7 June 14, 1996 Commissioner Carollo: Don't know if you want to cram everything in in one day. I think that would probably be another bad idea. 1 Vice Mayor Gort: Do it on the 18th. Commissioner Carollo: Mr. Vice Mayor, what day may you suggest sir? Vice Mayor Gort: The 18th. Commissioner Plummer: Fine. Vice Mayor Gort. That'd give you a... Commissioner Carollo: The 18th of July? Vice Mayor Gort: July. Commissioner Carollo: That will be fine. Commissioner Plummer: Fine. Commissioner Carollo: Okay. Commissioner Dawkins. Commissioner Dawkins: I'm with the majority. Commissioner Plummer: Hold on, hold on. Vice Mayor Gort: Hold it. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Can't make it the 18th. Commissioner Dawkins: Talk in the mike, madam, please. Vice Mayor Gort: How about the 23rd? Commissioner Carollo: Or we could do it the 29th, Monday. June... July 29th, Monday. Commissioner Plummer: Monday's always a bad day for me. I... How about the 23rd? Mr. Cesar Odio: You planning on Monday? Commissioner Carollo: The 23rd would be good. Commissioner Plummer: The 23rd is fine. Vice Mayor Gort: OK. Is the 23rd OK with everyone. 23rd. the 25th to the 23rd. The emergency Ordinance is... We've changed the meeting for Commissioner Plummer: You know we're doing this backwards. Vice Mayor Gort: ... July 25, 1996 and we're going to make qualifying time July the 1st. OK? June 14, 1996 ,. ", Commissioner Plummer: You know, we're doing this just backwards. We always have voting on Tuesday and commission on Thursday. You want to move the vote... You want to make the special election on the 23rd and have the Commission meeting as scheduled on the 25th? Commissioner Carollo: We can do that, also. Commissioner Plummer: There's nothing wrong with that. I think it would be better. 1 Commissioner Carollo: If you want to do it that way, it's fine. Commissioner Plummer: People of this City are used to voting on the 23rd. Commissioner Carollo: That's fine. Vice Mayor Gort: OK. The ordinance, emergency ordinance, is going to read the date... A. Quinn Jones, III, Esq. (City Attorney): First of all, you need to vote on setting the motion. Vice Mayor Gort: OK. The motion... Repeat your motion, Commissioner. Commissioner Plummer: The motion would simply be that the special election would be called I on the 23rd day of July, and the qualifying cutoff will be... let's make it five o'clock, so Walter i doesn't have to stay here all night. Five o'clock, on the first of July, which is a Monday. Vice Mayor Gort: OK. Is there a second? Commissioner Carollo: There's a second for that motion. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-453 A MOTION SCHEDULING A SPECIAL ELECTION TO FILL THE GROUP I MAYORAL VACANCY; SETTING JULY 23, 1996, AS THE DATE OF SUCH ELECTION AND FURTHER ESTABLISHING JULY 1, 1996 AS THE QUALIFYING DATE THEREFOR. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort NAYS: ABSENT: None. None. 0 June 14, 1996 Vice Mayor Gort: What I'm... what we need to do also, is read... Commissioner Carollo: Special Ordinance. i Mr. Foeman: Excuse me. Quinn, I'm sorry. Mr. City Attorney, we better make sure that the 23rd is subject to the Supervisor of Elections... Commissioner Carollo: It's a Tuesday, so there shouldn't be any problem. Mr. Foeman: Oh, OK. Vice Mayor Gort: We shouldn't have any problem. His problem was on Monday. Tuesday was no problem. Commissioner Plummer: Yeah, to get the things delivered. Commissioner Dawkins: Somebody correct me. See I keep getting... I don't know... The Supervisor of Elections was here and said the books were available to us any time we needed them. He sat right there and said that. Commissioner Carollo: That's correct. Commissioner Dawkins: Why are we creating problems? Commissioner Plummer: But the only one provision, Miller, that he did say was that Monday, the 29th, trying to get the boxes out over the weekend would be difficult, and that was the only day he had a problem with. That's why we changed it to the 25th. Commissioner Dawkins: But you're having the Commission meeting the 29th. Why are we even discussing voting on the 29th? Commissioner Plummer: We're not. Commissioner Dawkins: Okay, it's... Vice Mayor Gort: OK, you got it? Mr. Quinn: Yeah, let me see if I can read this in record. This is an emergency ordinance scheduling a special election to fill group one mayoral vacancy, setting July 23, 1996 as the date of such election, and further establishing July 1, 1996 as the qualifying date, therefor, containing a repealer provision and a severability clause. Commissioner Dawkins: Mr. City Attorney, we said July 1 at five p.m. City Attorney: Yeah. Commissioner Plummer: I so move. Vice Mayor Gort: Is there a second? Commissioner Carollo: There's a second to that motion. Vice Mayor Gort: OK, it's been moved and seconded, any discussion? Being none, read the ordinance. You need to read it again now, calling the roll: 10 June 14, 1996 I An Ordinance entitled - y AN EMERGENCY ORDINANCE SCHEDULING A SPECIAL ELECTION TO FILL THE GROUP I MAYORAL VACANCY; SETTING JULY 23, 1996, AS THE DATE OF SUCH ELECTION AND FURTHER ESTABLISHING JULY 1, 1996, 5:00 P.M. AS THE QUALIFYING DATE THEREFOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Carollo, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: Vice Mayor J. L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Wifredo Gort None. None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Commissioner Carollo, adopted said ordinance by the following vote: AYES: Vice Mayor J. L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Wifredo Gort NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11372. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Vice Mayor Gort: Thank you, all. Mr. Jones: Also, one further thing. You need to do a motion changing the Commission date and vote on that. Commissioner Plummer: No. We're leaving that the same. Mr. Jones: You're leaving that as it is? Commissioner Plummer: Hello, hello... I Commissioner Carollo: No, no, we're fine with the Commission day of the 25th... Commissioner Plummer: Hello. 11 June 14,1996 i 12 June 14, 1996