HomeMy WebLinkAboutSubmittal Grove Bay Residences MotionSUBMITTED INTO THE.
PUBIC RECORD FOR
ITEM ,. ON 3—a)—o .
IN RE: 300 GROVE BAY RESIDENCES
MOTION TO DECLARE DENIAL OF REZONING APPLICATION AT FIRST READING
ON JANUARY 25, 2007
THE CITY CODE DOES NOT PERMIT THE PRESIDING OFFICER TO MOVE, SECOND,
DEBATE AND VOTE ON MATTERS BEFORE THE CITY COMMISSION UNLESS THE
PRESIDING OFFICER "RELINQUISHES THE CHAIR".
1. In the City of Miami, the Mayor is the presiding officer of the City Commission with
the authority to designate another member of the city commission to serve as presiding officer.'
2. If the Mayor designates another member of the City Commission to serve as presiding
officer, that member of the City Commission may not move, second, debate or vote, unless that
member relinquishes the chair, and then, subject only to the limitations imposed on all the
members.2
' City Charter, City of Miami, Article 4, (g)(1): Powers and Duties of Mayor. The mayor shall serve
as the chief executive officer and head of the city government with the following specific powers and
duties: (1) The mayor shall be the presiding officer of the city commission with the authority to
designate another member of the city commission to serve as presiding officer.
z Section 2-34. Presiding Officer; Vacancy:
(a) In accordance with provisions of City Charter section 4(g)(1), the mayor may be the presiding
officer of the city commission with the authority to designate another member of the city commission
to serve as presiding officer.
(b) The mayor as presiding officer, shall not move, second, debate or vote. If the presiding
officer is a member of the city commission, the presiding officer, upon relinquishing the chair,
may move, second, debate and vote, subject only to such limitations as are imposed on all
members.
(c) In the event of a vacancy in the office of mayor as contemplated in section 12 of the City
Charter, the city commissioner designated as the presiding officer/chair, or, in the absence of same,
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMrizob?' ON 3 -*41 -1)1
3. On January 25, 2007, the Mayor of the City of Miami did not serve as the presiding
officer of the City Commission.
4. On January 25, 2007, City Commissioner Angel Gonzalez served as the presiding
officer of the City Commission when it considered, on first reading, the matter of the Related Group's
application for the rezoning of the Subject Property.
5. On January 25, 2007, Commissioner Gonzalez was prohibited from moving,
seconding, debating or voting on the matter of the Related Group's rezoning application until and
unless he "relinquished the chair" as required by Section 2-34(b) of the City Code.
6. On January 25, 2007, Commissioner Gonzalez, debated and voted in favor of the
Related Group's rezoning application but did not "relinquish the chair" as mandated by Section 2-
34(b) of the City Code, prior to doing so. At all times material herein, the City Commission was
represented by the City Attorney's office.
7. On January 25, 2007, the Clerk of the City Commission announced that the Related
Group's application for rezoning passed by a three to two (3-2) vote in favor thereof. Commissioner
Gonzalez' vote was one (1) of three (3) votes in favor. Without Commissioner Gonzalez' vote, the
Related Group's rezoning application fails.
8. Commissioner Gonzalez' vote in favor of the Related Group's rezoning application is
a nullity as his debate and vote were made in direct contravention of the clear and unambiguous
language of Section 2-34(b) of the City Code. Accordingly, the City Commission's deliberation and
the city commissioner designated as the vice chair, or, in the absence of both, a city commissioner
appointed by a majority vote of the city commission shall serve as the ceremonial head of city
government until the mayoral vacancy is filled.
(Code 1967, § 2-10; Ord. No. 10927, § 1, 10-3-91; Code 1980, § 2-14; Ord. No. 11564, § 4, 10-28-
97; Ord. No. 11642, § 2, 4-14-98)
vote on the Related Group's rezoning application, in reality, resulted in a two to two (2-2) tie, and not
a three to two (3-2) approval as announced by the City Clerk. A two to two (2-2) tie vote is
tantamount to a denial of the application.
9. In view of Commissioner Gonzalez' failure to comply with Section 2-34(b) of the City
Code and the resulting tie vote and effective denial of the rezoning application on first reading, this
matter is closed.
Accordingly, pursuant to Section 2-34(b) of the Code of the City of Miami, I hereby request
that Commissioner Gonzalez' vote in favor of the Related Group's rezoning application be declared a
nullity as his debate and vote were made in direct contravention of the clear and unambiguous
language of Section 2-34(b) of the City Code and that the record reflect that the application fails as a
result of a two to two (2-2) tie vote.
MIUED INTO THE
LIC RECORD FOR
11,,e1%') ON 3—?ri—ori.
John C. Lukacs, P.A.
Counsel for Plaintiff
201 Sevilla Avenue, Suite 305
Coral Gables, Florida 33146
Tel: 305.445.4425
Fax: 305.445.2210
By:
John C. Lukacs
Florida Bar No. 362727