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's�,}.'# MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of June, 1989, 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 to consider business of public import, namely, the filling of the vacancy on the City Commission, Group IV, created by the resignation of Commissioner Rosario Kennedy. The meeting was called to order at 11:38 a.m. by Mayor Xavier Suarer. with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Cesar Odio, City Manager Jorge F. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. DISCUSSION CONCERNING SUPREME COURT'S DECISION CONCERNING BURNING THE U.S. FLAG AND CIVIL RIGHTS. Mr. Plummer: Mr. Mayor, I know this is a special session, but I can't let it go by as I made mention of it the other day, and Mr. City Attorney, if I'm out of order - I would like to see a resolution come out of this City Commission backing President Bush, that's coming from a Democrat, in his suggestion to go to a Constitutional Amendment to tell the Supreme Court to go to hell. (APPLAUSE) Mr. Dawkins: I'll support that resolution only if you add to the bottom that you tell the Supreme Court to go to hell also about Civil Rights legislation. Mr. Plummer: That's fine. (APPLAUSE) If it's not in order, Mr. Mayor, I would ask that after this meeting, if you can't include that in the call, that we then definitely make such a resolution supporting the President. Mayor Suarez: Yes, I would like to obviously, see the wording of anything you proposed along those lines and I would be disposed to invoke the rule... Mr. Plummer: You don't have to, Mr. Mayor, I just asked the City Attorney then to do it for the July 13th meeting. _1 Mayor Suarez: OK, I'd appreciate that. I'd like very much to see the wording of what... obviously, we wouldn't be sending them to hells Mr. Plummer: You take your choice, I'll take mine. Mr. Dawkins: Oh, the hell we won'tl Mayor Suarez: Occasionally we have that inclination but, we do have to follow a certain amount of... Mr. Plummer: I am the keeper of one-way tickets, so... l June 26, 1989 Mayor Suarez: ... parliamentary procedure and keep a certain dignity in the proceedings. I believe the former Commissioner, whose resignation has brought j us to successive special sessions of this Commission and Mr. City Attorney, before I introduce her,'i would like to once again put into the record, we are continuing a special session that fas recessed yesterday and whose purpose it is to consider whether we are going to appoint under our Charter mandate a new Commissioner, which we must do within ten days of the resignation, otherwise there would be a special election and that is the purpose that we are here today. Is that sufficient? Mr. Fernandez: Correct. 2. APPOINT M. ATHALIE RANGE TO SERVE AS A CITY COMMISSIONER TO FILL VACANCY CREATED BY THE RESIGNATION OF COMMISSIONER ROSARIO KENNEDY. Mayor Suarez: And Commissioner Kennedy. (APPLAUSE) Mrs. Kennedy: Thank you, Mr. Mayor, my last official appearance was at a very late and hectic Planning and Zoning meeting, so I just want to take a couple of minutes to thank you, my colleagues, who have given me some grief at some time or another, but who have worked very well with me in making Miami a better place in which to live. I want to thank all of the City Administration for the tremendous support that they have given me as a City Commissioner. I want to thank my staff for staying up so late every night and keeping my door open policy for everyone, but especially the City of Miami residents, who gave me the opportunity to serve you. I am very, very proud to have served you as a Commissioner for the City of Miami and I couldn't have done it without your help and support, so I thank you and I extend a very congratulatory message, and my prayers also to the person who, whomever it is that succeeds me. Thank you very much. (APPLAUSE) Mayor Suarez: And I think there is one thing we all agree, that the person that succeeds you will need a lot of prayers. Mr. Plummer: Mr. Mayor. Mayor Suarez: Commissioner Plummer. Mr. Plummer: Just to correct the record, a statement which I made yesterday has changed, God forbid that it should be important, but I just wanted it on the record, my trip has now been put off until Friday. I hope to God that I don't have to come back here again tomorrow, but I just wanted to correct the record that I will not be leaving tomorrow, it will be Friday morning. Mayor Suarez: Very good. Mr. Dawkins: Are you coming back? Mr. Plummer: If nothing more than to haunt you. Mr. De Yurre: Mr. Mayor, if I may, last night I was able to sleep on what has been going on in the last 24 hours and certainly, my belief has been that a caretaker should occupy the seat until the November elections. However, after seeing the deadlock that we were in yesterday, I'm in a position today to shift for two ballots only, two ballots only, and go to names that have been offered or talked about, but not as caretakers. I will nominate at this time a person that I feel would serve well as a Commissioner for this City of Miami and that is Mr. Manolo Reyes. (APPLAUSE) If at the end of the two ballots... Mr. Plummer: Is this number one, or eleven? t Mr. Plummer: No, I am asking, are we starting? I'm sorry, I didn't mean to interrupt you. Mr. De Yurre: Well, the next two. The first... Mr. Plummer: For the record, I am asking, is this ballot number one, or is this ballot number eleven? Ms. Hirai: Ballot. eleven, Commissioner. Mr. Plummer: Eleven, OK. Mr. De Yurre: I expect that if at the end of the two ballots we don't have a new Commissioner, then I will make a motion to open the floor for discussion to air and speak of names that we may be able to compromise, maybe names that have not come up yet, that should be considered. Mayor Suarez: Mr. Reyes. (APPLAUSE) Mr. Manolo Reyes: Mr. Mayor, members of the Commission, I am very honored by being nominated by Mr. Victor De Yurre, but I think that the role of this Commission is not that of a king maker. I think that everybody should have a chance, nobody should have an advantage when the general elections come, therefore I will not accept the nomination. I think that a caretaker will be the proper solution and I know that right here we have today a person who has served the City of Miami, a person who has always shown her knowledge and the integrity that will serve all the people and that person is Athalie Range, therefore I think that Athalie should be the caretaker. Thank you very much. (APPLAUSE) Mr. De Yurre: Mr. Mayor, if that's the case... Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: If that's the case, then I will vote once on this ballot for Luis Morse and if he does not obtain the three votes, then I would move then to open this up for discussion. Mayor Suarez: Anything further from the Commission? Madam City Clerk... Mr. Plummer: How do you spell Mercado? - Mayor Suarez: Madam City Clerk, just as a point of information, do we call this the eleventh ballot or the first ballot? Mr. Plummer: Eleventh. Ms. Hirai: A meeting today, Mr. Mayor, is reconvened from yesterday and it is true that we have gone to ten ballots without a result. I believe it should be the eleventh now. Mayor Suarez: We should recognize also the presence here of the supervisor of elections of Dade County, Mr. Leahy, presumably to help us in the proceedings. Mr. Plummer: Please don't bring his computer to count the votes. - Mayor Suarez: There were certain flaws to the computers at certain times. We also want to acknowledge the presence of former Miami City Commissioner - - Athalie Range. - Mr. Plummer: And Rose Gordon. - ( APPLAUSE ) }, ;q Mr. Dawkins: And State Representative James Burke. ( APPLAUSE ) 3 Juno 2$, `1q f Mayor Suarez: In the chambers today, as she was yesterday, is former Miami City Commissioner Rose Gordon. (APPLAUSE) Proceed to the eleventh ballot. Madam City Clerk. Ballot Number Eleven Commissioner Plummer: Luis Morse Commissioner Dawkins: Athalie Range Vice Mayor De Yurre: Luis Morse Mayor Suarez: Athalie Range Mayor Suarez: We will proceed to the twelfth ballot. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Mr. vice Mayor. Mr. De Yurre: Yes, I would move at this time to get a feeling from the Commission as to whether there is any other name, or whether we, you know, which way do we go? Maybe get some direction from each of us as to what our feelings are, whether we want to go caretaker route, whether we want to stick it out, some of us want to stick it out with trying to name somebody that's going to run in November, you know, just get some direction as to where we are headed. Mayor Suarez: I think I've made my views very clear. I have voted for State Representative Luis Morse for an entire day, ten ballots, have found that we didn't reach a consensus at the end of the day on that. I have a lot of good arguments why a caretaker would make sense, aside from the person of Athalie Range, or Rose Gordon or any of the other ones who have offered themselves in that capacity. One of them of course being that the voters would have an opportunity in November to decide for themselves and that is the reason that I've seen no consensus on the first day, wanted to express my preference for someone who has made a commitment, as I believe Athalie Range has made, that she would not run in November, and that's why I voted that way. Mr. Plummer: Are we opening up the floor? Mayor Suarez: Yes. I mean, certainly the Commissioners. Mr. Plummer: Well I agree with Commissioner De Yurre. If anyone wants to speak, let them speak. Mayor Suarez: Is there anyone who wants to be heard on the issue of what this Commission should do? Mr. Santiago in the back, please approach. Mr. Marina, we will take you next, sir. Mr. Evaristo Marina: My name is Evaristo Marina. Mayor Suarez: Wait sir, I saw a hand. OK, Mr. Santiago and then Mr. Marina and Reverend. Mr. Santiago, sir. Excuse me, Reverend. Mr. Fred Santiago: My name is Fred Santiago, I live in Miami at 3430 North Miami is my office address and my fellow Mayor and fellow Commissioners, I _ think you've wasted a lot of time, spent a lot of time. I think the person, the most neutral person, the person that is the perfect balance... you know, this issue, when you look at it, even though you may not think so, Cubans versus black. That's the way it is and t•hat's the way it is going to be and the person, the most neutral person between a Cuban and a black is a Puerto Rican and we've got a Puerto Rican that is fully qualified, that you all know her very well, by the name of Alicia Baro. She will act as a caretaker, she is highly qualified and she will solve all of your problems. Thank you. Mr. Plummer: You know, let me answer you, Freddy. I can't sit here and let that kind of statement go by because I know Alicia and I think Alicia would be insulted by that statement, OK? Don't sit here and try to tell me that between... first of all, God forbid this turns into a Cuban -black situation, OK? Mr. Santiago: Unfortunately that's the way it is. (APPLAUSE) M 0 i Mr. Plummer: There are a lot... Mayor Suarez: Let me just say I think that's one thing we all agree, we'd like to avoid in our community and I appreciate your making that statement, Mr. Plummer. I don't think that he was necessarily referring to that, but go ahead. Mr. Plummer: There is a lot of people in this community who could serve that bridge, not just a Puerto Rican. I agree that Alicia Baro is a fine individual, I have known her for years, but she's not the only one. Mr. Santiago: Well, I feel she is highly qualified and of all the candidates you are considering, to me she is the best. Mr. Plummer: OK, I respect your opinion, Freddy, as I always have. Mayor Suarez: Mr. Marina. Mr. Marina: My name is Evaristo Marina, I have been in this community for 30 years and I think a lot of you people know me. I think I have done for this community as much as I could to the best of my ability. I never have discriminated anybody. When I see the people, I see human beings. I don't see they are Anglos, blacks, Latins or Cubans. I don't want to talk about myself because I don't think it's right, you know me. I am not coming here to tell you to take my name, I am not coming here to tell you that I want to offer myself, because I have been always in the position to do anything that may be in my hands to help this community, so of course I am free to tell you that you if you put my name on the ballot, as anybody would accept, I would accept only under the conditions to be for four months, but that's not my intention. I want to express myself, my feelings from the bottom of my heart. I don't want to polarize this election, but I want to tell you that with all respects for this Commission, and with all respects for this community, if the person who has been in the empty seat has been a Cuban, I think they must be replaced by another Cuban. (APPLAUSE) And I am not trying to polarize this election and I want to tell you that even I am not looking for a job by the way. I don't want to be in that responsibility, but I think that I, if instead of being a Cuban, the person that was in the empty seat was a black or was an Anglo, I would be here today fighting for having that seat a black or an Anglo. I don't want to spend more time, but I want for this Commission to think and I think it is unfair if the person, and is not from the point of being a Cuban, it's from the point that the person who was elected, people, I don't discriminate Anglos, I don't discriminate blacks, but I think I have to be fair with my own people and I think if a Cuban was in that position, if a Cuban was in that seat, a Cuban should be elected for that, appointed today for that position. Thank you. (APPLAUSE) Mayor Suarez: Father. Rev. Father Richard Barry: My name is Father Richard L. Marquess -Barry, and I am the rector of St. Agnes Episcopal Church in Overtown. It seems to me that the issue is not whether or not the Commission should appoint a person based on a color, but simply based on the fact that they will be a caretaker for that seat until the election is held in November. I firmly believe that whomever is appointed to sit in that seat should be one who is not seeking election for that seat. (APPLAUSE) But, it seems to me that if one who is seeking election for that seat is named today, they would be given an unfair advantage of having incumbency, so I appeal to the good moral and fair judgment of the Commissioners to name someone to that seat who will be simply what we are looking for at this point and that is a caretaker. You have two names before you. One has stated they would seek election for that seat, so I would ask the Commission to vote on that single name, or to ratify that person for that seat for these three or four meetings left before the election is held. Thank you. Mayor Suarez: Thank you, Father. Does anyone else wish to make a statement, two minute statement? The Chair recognizes, I should have before, speaker pro tem of the House of Representatives, representative from some districts in the City of Miami, Jimmy Burke. Rep. Jimmy Burke: Thank you Mr. Mayor and Commissioners, I started driving past this way and thought I'd stop and see what all the commotion was about. Mayor Suarez: There seems to be a lot of people here, you figured you'd... Rep. Burke: Yes, this is government. However, in all honesty, I stopped because I know you have a task ahead of you and you have a task because you have these names before you now, two people, one of whom I worked with in the Legislature, another I worked with in the community over long period of time, you know, both of whom are good people who could serve this community and I think both of whom could serve black, white, Hispanic, non -Hispanic, this community fully. I think the question before you is which is better to appoint at this time and I think one thing that stands out is that one of those persons has already been a member of this body, knows how this body works. One of those persons has I think a strong support as witnessed of the last 24 hours and also is a person who I think could work with all of you, no matter who you might have voted for on the first ballot. Now, the good thing about this is that you can't lose with the person that sits up there between those two people who have been already nominated. However, the community, I think can win if you would appoint the person who can get the ball rolling. You have a budget process coming before you very soon and that I think is key to have somebody who has been a part of this body and who could sit as a part of this body immediately, somebody who brings a whole history of what the City of Miami is really about to you, and so I would urge of you that you consider those things when you make that nomination. Very frankly, I said that I don't think that I would run for anything in this County or City without first being appointed, because it is so much work and I really admire those of you who have done that and to the gentlemen who plans to do that, but my thought, particularly as a legislator is, you want to get somebody who can come in who can start the ball right away and as somebody who really represents all the community and I think finally, you take one other thing out of the process. There's always this thought about a Cuban seat, a black seat or whatever, that is talked about. I think by your choice you can show that you are not guided by a Cuban seat, a black seat, very frankly, or a female seat, or a male seat, but you are guided by the person who brings the heart of the community to this seat and the person who brings the knowledge and the skills to this seat and the person who brings to you a person who brings the community here, particularly with our problems in the past who brings a present however, and I think and urge of you that when you make this second ballot, that you would strongly consider the name of Mrs. Athalie Range. Thank you. (APPLAUSE) Mayor Suarez: Thank you, Mr. Representative. Commissioners? Ballot Number Twelve Commissioner Plummer: Luis Morse Commissioner Dawkins: Athalie Range Vice Mayor De Yurre: Athalie Range Mayor Suarez: Athalie Range (APPLAUSE, CHEERING) Mr. Plummer: Make it unanimous. Let's make it unanimous. Mayor Suarez: We are going to make it unanimous. Madam City Clerk, we have a motion by Commissioner Plummer to make the appointment unanimous. Mr. Plummer: Mr. Mayor, I would offer at this time, with your consideration, that the vote for Athalie Range be unanimous. Mayor Suarez: So moved, do we have a second? Mr. Dawkins: Second. Mayor Suarez: Second. Please call the roll on that motion. 2 lJ the following fasolutioh Mob Lattodue6d by Commissioner Pluf 6ki Who f,b6#*#d its ad0tiCh: RESOLUTION NO. S9-594 A RESOLUTION APPOINTING M. ATHALIE RANGE AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, GROUP IV, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROSARIO KENNEDY AND TO SERVE THE UNEXPIRED TERM OF OFFICE TO WHICH ROSARIO KENNEDY HAD BEEN ELECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) fin Upon being seconded by Commissioner Dawkins, the resolution was passed � sad adopted by the following vote: A10E5: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: the most sense. We will have the investiture tomorrow at noon, I think makes Mr. Plummer: Tomorrow? Mr. Fernandez: Yes. Mr. Plummer: I can make it. Mayor Suarez: Tomorrow at noon. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:06 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK - * 1NCORN ORATED '* Y 18 96 �T K r�'�ei i vnf5m"�1`..��'5n .� 6*�,��t t�,., �„� . �,�i„ �..� ` r -_ 4 a�• :aa r�� �t� i T � sdi�§ 'v