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HomeMy WebLinkAboutCC 2004-10-01 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Friday, October 1, 2004 3:00 PM SPECIAL City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes October 1, 2004 3:00 P.M. - INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado On the first day of October, 2004, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order at 3:08 p.m. by Chairman Joe Sanchez, recessed at 3: 22 p.m., reconvened at 3:50 p.m. and adjourned at 3:53 p.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk MAYORAL VETOES NO MAYORAL VETOES DISCUSSION ITEM SP.1 04-01130 DISCUSSION ITEM DISCUSSION RELATED TO FILLING THE VACANCY FOR DISTRICT 5. 04-01130-procedures -1.pdf 04-01130-Allen - 2.pdf 04-01130-Chiverton -3.pdf 04-01130-Colyer -4.pdf 04-01130-submittal -5.pdf 04-01130-Allen-2.1. pdf A motion was made by Commissioner Regalado to hold a special municipal election to fill the vacancy for Commissioner District 5. The motion died for lack of a second. A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to approve the procedures of filling the vacancy of Commissioner Disfrict 5, as more fully outlined in the memorandum from Chairman Joe Sanchez to Fellow Commissioners, dated October 1, 2004, and on file in the office of the City Clerk. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed, with Commissioner Regalado voting "No", to exercise the method of appointment, as granted under the City Charter, following the procedure adopted by the prior motion, to fill the vacancy of Commissioner in Disfrict Five. Jeffery L. Allen was appointed as the new Commissioner for District Five [see Resolution below]. [SP.1] 04-01158 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING JEFFERY L. ALLEN AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DISTRICT 5, TO FILL THE VACANCY CREATED BY THE City ofMiami Page 2 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 SUSPENSION OF ARTHUR E. TEELE, JR., TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 8, 2005, OR UNTIL COMMISSIONER TEELE'S SUSPENSION MAY BE REVOKED PURSUANT TO SECTION 112.51(6), FLORIDA STATUTES (2004), WHICHEVER MAY OCCUR FIRST. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 1 - Commissioner Regalado R-04-0668 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to adjourn today's Special Commission Meeting. Note for the Record: Jeffery L. Allen was sworn in at 4:32 p.m. as the new Commissioner for District Five. Chairman Sanchez: (UNINTELLIGIBLE) of a special election or an appointment to be filled -- to fill the vacancy in the office of Commissioner for District 5 in the City ofMiami. Could you please stand up and join me in a prayer? Prayer and pledge of allegiance to the flag. Chairman Sanchez: Thank you. Good evening. At the last special meeting, we had public discussion. At which time, we heard from all the concerned citizens that were here. At this time, there will be no further public discussion on the matter. I think that the Commission is prepared to decide -- to take action on the matter, whether it be to appointment or for a special election, and before I start, as I discussed with the City Attorney, the document attached outlined proposed procedures for making an appointment to fill a vacancy on a City Commission seat, but before we do that, make an appointment to fill a vacancy on the City Commission, the procedures that provided the City Commission, you have in front of you, which -- if we decide whatever course we take, whether it's an appointment or an election, if it's to proceed with an election, I've laid out what basically Mason Rules allows us to do. It's very flexible, but it's the recommendation that have made to the Commission. At which time, when it is debated and discussed, we have to approve it, so we continue on that format, but getting back to the appointment or of the special election, the action is open on the floor for a motion for either a special election or an appointment. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Regalado: I move that the City ofMiami hold a special election in one single district to fill the vacancy of District Number 5 in the City ofMiami. Chairman Sanchez: There is a motion. Is there a second for a special election? There is a motion for a special election. Is there a second? Once, twice, three, the motion dies on the floor. Before we continue, just for the record, I have to read that there are no vetoed legislation from the Mayor. If we could proceed now, is there a motion for an appointment process? Commissioner Winton: So moved. City ofMiami Page 3 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion by Commissioner Winton. It is second by Vice Chairman Gonzalez. It is open for discussion. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Vice Chairman Gonzalez, you're recognized for discussion. Vice Chairman Gonzalez: At the last Commission meeting, I -- well, when we first debated this item -- and I think it was Monday -- I expressed my sentiment that I will prefer to go through an appointment process, and I gave the reasons why I prefer to go through an appointment process, and the reason was that, first of all, if this election, supposedly, if it had had taken place, it would have been close to the middle of November or third week of November; that a candidate will have to raise funds for the campaign, will have to meet with the community; present a platform, campaign, get elected with a strong, strong possibility and I am a strong believer that after December, Commissioner Teele will return to this Commission, and this person, whoever -- whomever would have been -- that had been elected, after running a campaign, after raising money, after winning an election and being sworn in would have been unseated again, something that would have been unfair. If this candidate that would have run that election had a job and abandoned the job to run a campaign, then he would have been without the job of his prior job or the job of the City Commission. Then, when we voted last Wednesday, I -- even though I kept having in my mind that the right thing to do was to go for an appointment, I second the motion to go to an election. Sometimes it's good that this process take some time to decide because, you know, you have time to think about it, to really think about the different scenarios, and what is what and what is wrong personally. I had it in my heart or I had it in my mind that the right thing to do for me, my vote should have been to appoint until Commissioner Teele clears up his matter, which I'm sure that we all pray to God that he comes out OK of this process and come back to join us as a City Commissioner, so that's the reason why, after debating with myself for many, many hours -- and believe me, even late at night, I have debated and debated this matter -- I have decided to go with an appointment. Thank you. Chairman Sanchez: All right. Any further discussion? Well, hearing none, I -- the process is as important as the outcome. They both must be good and just, and I strongly believe that this process is just, so having said that, Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado -- I'm sorry. Commissioner Regalado: What are we voting on? Chairman Sanchez: We're voting on appointment. Jorge L. Fernandez (City Attorney): Mr. Chairman, before you take the vote, the record needs to be clear that what you're taking vote on is on the method that you, by memo, have suggested to your colleagues; is that correct? Chairman Sanchez: That is corrected, based on the appointment. The memo -- Mr. Fernandez: Yes. Chairman Sanchez: -- only speaks as to the appointment process. Mr. Fernandez: To proceed to an appointment process, following the protocols, as outlined by you in the memo. City ofMiami Page 4 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Chairman Sanchez: Yes. Why don'tI read that in -- Mr. Fernandez: Yes. It should. Chairman Sanchez: Let me read that. After consulting with the City Attorney and according to our rules of procedure, we can establish our own method of making nominations for the appointment. Once we establish the method, it will be the official method for accepting nominations today and for making the appointment to fill the vacancy in the District 5 Commission seat. The purpose, that we each have the ability to nominate no more than one person, and that we then close the nomination process. Nominations do not require a second. After the nominations are closed, we will need to verify that those nominated are qualified to hold the office according to the Charter. Once qualified by the City Clerk, the City Commission will then, without general discussion, immediately consider a motion to appoint any of the nominated individuals, which motion will require a second before discussion. The vote on any motion to appoint will be a voice vote. I move -- well -- passing the gavel over -- I would like to make a motion to move this method to be adopted, and the motion to approve this required -- second, so I move. Vice Chairman Gonzalez: We have a motion. Do we have a second? Commissioner Winton: Second. Vice Chairman Gonzalez: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Chairman Sanchez: Thank you. Vice Chairman Gonzalez: Motion carries. Commissioner Regalado: Now, you have to vote on the appointment -- Chairman Sanchez: Yeah. Commissioner Regalado: -- process. OK. Chairman Sanchez: OK? So what we're voting on is on the -- a motion for appointment -- the method of appointment granted to us under the City Charter. Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? City ofMiami Page 5 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Chairman Sanchez: Yes. Ms. Thompson: The motion is passed, 3/1. Chairman Sanchez: OK. Now, what we do is, we open the motion -- we open the floor for nominations. Therefore, any Commissioner, under what we approved, can make one nomination for the nominating pool. Are there any -- a motion for -- Vice Chairman Gonzalez: OK. Mr. Chairman -- Chairman Sanchez: -- nominations? Vice Chairman Gonzalez: -- this is a very difficult decision, having to be a part of replacing a colleague thatl respect, admire and worked with for many years, even before I was elected, but it is a decision that has to be made and it's our responsibility and our duty. Another difficult decision is to select a candidate and when so many good ladies and gentlemen that have offered themselves for this position. After three days of looking very hard over and over again to all the candidates, I had to decide on one, and even though they were all very competent and very qualified to do the job, I made my own mind on one andl will like to proffer the name of Jeffery Allen. Jeffery Allen is a young attorney. He was a football coach. He's a graduate of Miami Jackson High School -- it's a school in my district in Allapattah -- with whom I have worked on the Quality of Life Task Force, him being one of the special masters hearing cases of the above task force. After meeting with him, as I did with all the candidates, and discussing problems and needs of District 5, I am sure that we hill do a good job for the residents of the district and advance their cause, so I move the name of Jeffery Allen. Chairman Sanchez: There is a motion for Jeffery Allen. Is there a second? Commissioner Winton: Second. Mr. Fernandez: No, nominations do not require -- Commissioner Winton: No, we don't -- right. Chairman Sanchez: Oh, I apologize. Thank -- yes. Commissioner Winton: That's right. Chairman Sanchez: Counsel, you're absolutely right. OK. Any other nominations? Commissioner Winton: No. That's -- Chairman Sanchez: Commissioner Winton? Commissioner Winton: -- who I like. No. JefferyAllen's person that like. Chairman Sanchez: Commissioner Regalado? Commissioner Regalado: I have no nominations. Chairman Sanchez: I would like to nominate Jacqui B. Colyer, and let me -- Colyer, please. I have made it very clear that this Commission needs gender diversification, not to mention, at times, a little sensitivity, and today we have that opportunity to appoint a woman to a leadership role. It's been a long time since we've had a woman sitting in this Commission, and I think it's about time that we have one. History has not failed us. We have had great women leaders in City ofMiami Page 6 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 our community, not to mention Alice Wainwright, Mama Range, Rose Gordon, Rosario Kennedy, and Thelma Gibson. Like I stated before, this process gives us an opportunity to appoint someone to this position that may not have had that opportunity, so that's why I have proffered the name ofJacqui B. Colyer. OK. There are no more nominations so, therefore, Mr. City Attorney, we close the nominating process. Mr. Fernandez: Correct. Chairman Sanchez: And it's open for the floor for a motion to appoint. Mr. Fernandez: Prior to you doing that, you need to ascertain from the City Clerk whether the two nominees have, in fact, met the qualifications of the Charter. Chairman Sanchez: Madam Clerk, have both of the nominating individuals met requirements? Ms. Thompson: No, sir. As of this point in time, I've only qualified one of those names. Chairman Sanchez: Do they have a certain time to qualify or -- Mr. Fernandez: Well, the -- you have until Saturday to make this decision. The -- if it is the will of the Commission to wait until the other nominee, who has not yet qualified, to qualify, then you may continue this meeting and reconvene at a future date. Chairman Sanchez: Madam Clerk -- Mr. Fernandez: It was -- Chairman Sanchez: -- who has qualified, Madam Clerk? Ms. Thompson: Mr. Jeffery L. Allen. Chairman Sanchez: Mr. Jeffery L. Allen is the only one qualified? Ms. Thompson: That's correct. That's the only paperwork that I have. Chairman Sanchez: OK, so therefore -- I mean, hey, we're going to have to make this decision. We can't continue to postpone. I mean, it's up to the legislative body to decide. Is there a motion for appointment? Vice Chairman Gonzalez: I move to appoint Jeffery L. Allen. Jacquetta Colyer: I have my paperwork. Vice Chairman Gonzalez: OK. Then present it. Chairman Sanchez: Well, can you present it to this -- Commissioner Winton: Absolutely. Ms. Thompson: Chair, I need time to review the documentation. Vice Chairman Gonzalez: Let's take a 10-minute recess. Ms. Thompson: I have to check the ARPS (Accounts Receivables Property System) and the records -- City ofMiami Page 7 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Chairman Sanchez: All right. The Commission will be in recess for ten minutes to allow you the opportunity? OK. The Commission -- special meeting stands in recess for ten minutes. Ladies and gentlemen, let me remind you that when the meeting has been called to order, we must refrain from making noises, heckling, or expressing cheer or disarray. We must do that, so please bear with us. Madam Clerk, have both of the nominations have qualified? Ms. Thompson: I have Jeffery Allen and Jacquetta 'Jacqui' B. Colyer. Chairman Sanchez: So they both have qualified? Ms. Thompson: Yes, sir. Chairman Sanchez: OK. There is a motion and a second on the floor for the appointment of Jeffery L. Allen. Madam Clerk, roll call. Ms. Thompson: I'm sorry. I don't have a second on my records. Chairman Sanchez: OK. There was a motion by -- Commissioner Winton: Well, I seconded it and he -- Commissioner Gonzalez -- Chairman Sanchez: For the record -- Commissioner Winton: -- nominated, and I seconded. Chairman Sanchez: -- there is a motion by Vice Chairman Gonzalez, and there is a second -- Commissioner Winton: By me. Chairman Sanchez: -- by Johnny Winton, Commissioner Johnny Winton. Commissioner Winton: Yeah, Johnny Winton. Chairman Sanchez: All right. Unidentified Speaker: Mr. Chairman, I raise -- Chairman Sanchez: Sir, you're out of order. Unidentified Speaker: -- a point of order. A point -- Chairman Sanchez: Sir, you are out of order. You're out of order, sir. The public discussion is closed. We had the public discussion at the last meeting. I apologize, but you cannot just get up here and speak, sir. I really apologize, but under the rules and procedures, we had a public discussion at the last meeting, when we allowed everyone to come and speak on this matter, and the meeting is not open to the public, so I ask for your -- you know, for patience on this matter and we ask you to sit, please. Unidentified Speaker: Chairman Sanchez, you asked him to escort me to the (INAUDIBLE). Chairman Sanchez: Well, sir, if you need to be escorted, Sergeant at arms, please escort him to the door. Commissioner Winton: Well, let him stay -- City ofMiami Page 8 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Chairman Sanchez: Thank you, sir. Commissioner Winton: -- let him stay up there and we're going to vote. Chairman Sanchez: Well, sir, I really don't want to do that, please. Unidentified Speaker: I'm sorry. That's the only thing -- that's the only way to get me to leave the podium, unless I have (INAUDIBLE) -- Commissioner Winton: Just turn the microphone off and vote, Joe. Joe -- Vice Chairman Gonzalez: Turn the microphone off. Commissioner Winton: -- don't escort him anywhere. Turn the -- Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The motion has been approved, 3/0. Chairman Sanchez: And Jeffery L. Allen has been appointed to the seat of District 5 as the new City Commissioner of the City ofMiami. Is there a motion to adjourn? Vice Chairman Gonzalez: Motion to adjourn. Commissioner Winton: So move. Chairman Sanchez: There's a motion to adjourn. Is there a second? Commissioner Winton: Second. Mr. -- ask the City Attorney. Chairman Sanchez: Mr. Attorney. Commissioner Winton: Hold on. Chairman Sanchez: Sir, you're out of order. Mr. Fernandez: Mr. Chairman. Chairman Sanchez: Everybody, please sit down. Mr. Fernandez: Mr. Chairman. Chairman Sanchez: Mr. City Attorney. Commissioner Winton: Are nominations allowed from the floor? Chairman Sanchez: No, they're not. Commissioner Winton: Oh. City ofMiami Page 9 Printed on 12/17/2004 City Commission Verbatim Minutes October 1, 2004 Chairman Sanchez: Mr. City Attorney -- sir, you're out of order. Sir, you are out of order. Commissioner Winton: Joe, the meeting is adjourned. Vice Chairman Gonzalez: OK. Call the meeting. Mr. Fernandez: The meeting has been properly adjourned, except you have decided to conduct the swearing in and while the meeting -- Chairman Sanchez: The meeting is adjourned. Vice Chairman Gonzalez: The meeting is adjourned. City ofMiami Page 10 Printed on 12/17/2004