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HomeMy WebLinkAboutCC 2006-12-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 14, 2006 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 14, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Sarnoff, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 14th day of December 2006, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:16 a.m., recessed at 1:25 p.m., reconvened at 3:10 p.m., recessed at 3:38 p.m., reconvened at 5:01 p.m., and adjourned at 5: 06 p.m. Note for the Record: Commissioner Spence -Jones entered at 9:23 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Welcome to the December 14, 2006 meeting of the City ofMiami, City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff -- welcome, Mr. -- Commissioner. Commissioner Sarnoff Thank you. Chairman Gonzalez: -- and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez, the City Manager, Jorge Fernandez, City Attorney, and Priscilla Thompson, City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez -- Vice Chairman Sanchez, and the pledge of allegiance by Commissioner Regalado. Please rise for the invocation. Invocation and pledge delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-02216 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Janelle's Wishing Well Mayor Diaz Proclamation City of Miami Information Technology Department Mayor Diaz Commendation City of Miami Television Mayor Diaz Commendation 1. Mayor Diaz presented a Commendation to the City ofMiami Information Technology Department for consistently improving and upgrading delivery of service to our citizens and being recognized by the United States Center for Digital Government as one of the top ten digital cities in America. 2. Mayor Diaz presented a Commendation to City ofMiami Television for raising the bar in terms of what the City produces to inform our citizens via television, and for Cesar Nunez receipt of an Emmy in recognition of the quality of work on the show produced by City of Miami Television, Miami 911: Police & Fire Rescue. City ofMiami Page 3 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 MAYORAL VETOES 3. Mayor Diaz presented Special Awards to employees of the General Services Administration Department to say "thank you" for their involvement and outstanding support of important initiatives and service to the people ofMiami. 4. Commissioner Regalado presented a Salute to Justo L. Alfonso for his 34 years of service as a City ofMiami Firefighter; Justo L. Alfonso was also presented with a Plaque from the City of Miami Fire Department. 5. Mayor Diaz presented Plaques to the Fire Department, the Police Department, and the Parks Department to express appreciation for their service throughout the year. Chairman Gonzalez: We have some protocol items. I think it's the Mayor's items, right? Mayor Diaz, good morning, sir. You're recognized. Mayor Manuel A. Diaz: Thank you. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: Madam City Clerk, we have -- we don't have any vetoes to report from the Mayor's Office, is that correct? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: All right. Thank you so much. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Regalado, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need to approve the minutes of the following meetings: Planning and Zoning meeting of October 26, 2006. I need a motion and a second. Vice Chairman Sanchez: So moved, Mr. Chair. Commissioner Spence -Jones: Second. City ofMiami Page 4 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: We also need to approve Planning and Zoning meeting of November 9, 2006. Do I hear a motion? Commissioner Spence -Jones: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Regular meeting of November 9, 2006. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, and the supplemental agenda of November 9, 2006. Commissioner Regalado: Move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. ORDER OF THE DAY Chairman Gonzalez: All right. We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Good morning, Mr. Chairman, Commissioners, members of the audience. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Anyone wishing to appeal any City ofMiami Page 5 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 decision made by the City Commission for any matter considered at this meeting may need a verbatim transcript of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the "public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occur first. The items will be heard in the numbered sequence on the agenda, except for PZ (Planning & Zoning) items, which will begin after 10 a.m., and Madam Clerk and Commissioners, please take note, the following items, PH 11, 12, 13, 14, and 15 -- Chairman Gonzalez: PH (Public Hearing)? Mr. Fernandez: PH 11 through 15 will be heard after or as soon after 10:30 a.m. as possible. Those items need to be taken out of sequence and heard at that time. The following items have been deferred to the January 11, 2006 [sic] meeting: FR.10 and RE.5. I repeat, FR.10 and RE.5. The following items in your consent agenda have a substituted item for it, which have already been distributed to the Clerk and to each of you. Those are -- that is consent item number 9, and also on RE.1, there is a minor change that has already also been distributed to you, and the City Clerk has that, so as you consider your consent agenda, you need to know that consent item number 9 does not need to be pulled because a correction has already been distributed to you and given to the Clerk. Likewise, when you get to RE.1, RE. 1 doesn't need to be further corrected because corrections are now being announced and they have already been delivered to the Clerk and to each of you. You need to know that RE. 6 has been withdrawn altogether, so you will not hear RE. 6 today. When we get to the P&Z agenda, I will make some announcements as to items that have been deferred from the PZ agenda. Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. CONSENT AGENDA CA.1 06-02110 RESOLUTION Department of A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), Fire Rescue ACCEPTING THE DONATION OF FIFTEEN (15) AUTOMATIC EXTERNAL DEFIBRILLATORS, MODEL 9300E-501, AS STATED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AT AN ESTIMATED FAIR MARKET VALUE OF $37,425, FROM CARDIAC SCIENCE CORPORATION, TO BE UTILIZED FOR, AND IN SUPPORT OF THE CITY OF MIAMI'S "TEAM FOR LIFE" PUBLIC ACCESS DEFIBRILLATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. City ofMiami Page 6 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0685 CA.2 06-02111 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO PROCEED WITH THE STEPS NECESSARY TO ASSUME TEMPORARY CONTROL AND TAKE RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF CITY -OWNED PROPERTY ADJACENT TO BICENTENNIAL PARK, AS MORE PARTICULARLY DESCRIBED IN ATTACHED EXHIBIT "A," ATTACHED AND INCORPORATED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0686 CA.3 06-02112 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF ROY J. KHAN, P.A., IN THE AMOUNT OF $228,787.50, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER JOSE ACUNA, IN THE CASE OF U.S.A v. JOSE ACUNA, EL AL., CASE NO. 01-0208-CR-GOLD, AND ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0687 CA.4 06-02113 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $37,303.22, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER JORGE LINARES, IN THE CASE OF SARDUY V. JORGE LINARES AND CITY OF MIAMI, CASE NO. 00-04270-CIV-MOORE, AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND City ofMiami Page 7 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to defer Item CA.4 to the Commission meeting currently scheduled for January 11, 2007. CA.5 06-02149 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF WILLIAM HAMES VS. CITY OF MIAMI, ETC., ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 06-22360-CIV-SEITZ, AND WILLIAM HAMES VS. CITY OF MIAMI, ETC., ET AL., IN THE UNITED STATES ELEVENTH CIRCUIT COURT OF APPEALS, CASE NO. 06-15722, PLUS ANY ADDITIONAL COSTS OF LITIGATION INCLUDING BUT NOT LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0688 CA.6 06-02114 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Programs/Transpor WITH MIAMI-DADE COUNTY, FOR THE CITY OF MIAMI ("CITY") TO tation MAINTAIN CERTAIN CAPITAL IMPROVEMENTS TO THE RIGHTS -OF -WAY WITHIN THE SIDEWALK AREA OF NORTHWEST 20TH STREET FROM NORTHWEST 23RD AVENUE TO NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, WHICH IS A PART OF THE STREET IMPROVEMENTS PROJECT, B-30328, TO BE INSTALLED BY THE CITY. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0689 CA.7 06-02115 RESOLUTION City ofMiami Page 8 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Department of Capital Improvement Programs/Transpor tation Votes: CA.8 06-02116 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION, FOR THE HEALTH DISTRICT CIRCULATOR COMPONENT OF THE CIVIC CENTER IMPLEMENTATION PLAN "PROJECT B-30248," TO JOINTLY FUND THE HEALTH DISTRICT CIRCULATOR PHASE II STUDY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT 2007 MUNICIPAL GRANT PROGRAM FUNDS, IN THE AMOUNT OF $48,000, FOR SAID STUDY. This Matter was ADOPTED on the Consent Agenda. Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0690 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), A MUNICIPAL CORPORATION, AND CITY OF FORT LAUDERDALE, A MUNICIPAL CORPORATION, TO SET FORTH THE PARAMETERS UNDER WHICH THE CITY OF FORT LAUDERDALE CAN ACCESS THE 800 MHZ TRUNKED RADIO SYSTEM, FOR THE PURPOSE OF ACCESSING THE COMMON TALK GROUPS ESTABLISHED ON THE CITY'S RADIO SYSTEM TO RECEIVE THE PUBLIC SAFETY BENEFIT OF INTEROPERABILITY. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.9 06-02123 Office of Grants Administration R-06-0691 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT RECEIVED FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), IN THE AMOUNT OF $424,745, FOR THE DINNER KEY MOORING FIELD PHASE II PROJECT B-33511; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $441,755, FROM THE SECOND SERIES HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PREVIOUSLY APPROVED BY VOTER REFERENDUM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 9 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 R-06-0692 CA.10 06-02124 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION, IN THE AMOUNT OF $15,000, TO THE MIAMI DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, TO HOST 300 LAW ENFORCEMENT PROFESSIONALS AT THE 2006 MIAMI DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE GENERAL MEMBERSHIP MEETING, TO BE HELD IN MIAMI, FLORIDA, ON DECEMBER 15, 2006; ALLOCATING SAID FUNDS FROM THE DEPARTMENT OF POLICE ACCOUNT CODE NO. 00001.191501.549000.0000.00000. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0693 CA.11 06-02137 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWENTY-FOURTH AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MRS. TINA HILLS AND THE CITY OF MIAMI, DATED DECEMBER 19, 1985, WHEREIN THE BENEFACTOR HAS AGREED TO AUTHORIZE THE USE OF THE GRANT FUNDS, IN THE APPROXIMATE SUM OF $260,312.37, FOR THE ACQUISITION AND CONSTRUCTION OF A CHILDREN'S PLAY AREA AT THE SOUTH END OF BAYFRONT PARK; FURTHER AUTHORIZING THE USE OF THE REMAINING GRANT FUNDS FOR FUTURE IMPROVEMENTS TO THE CHILDREN'S PLAY AREA, SUBJECT TO ALL OTHER TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AMENDMENT, AND ALL APPLICABLE REQUIREMENTS AND RESTRICTIONS. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0694 CA.12 06-02138 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN Management Trust THE AMOUNT OF $500,000, CONSISTING OF A ONE-TIME GRANT FROM THE BAYFRONT PARK MANAGEMENT TRUST, TO BE EQUALLY DISTRIBUTED AMONG THE FIVE (5) CITY OF MIAMI ("CITY") COMMISSION DISTRICTS, FOR THE PURPOSE OF IMPROVED PROGRAMMING AND ACTIVITIES IN THE CITY'S PARKS. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 10 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 CA.13 06-02139 Department of Fire Rescue R-06-0695 Direction by Commissioner Spence -Jones to the City Manager to ensure that Commissioners have involvement in park program initiatives in their districts. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING MODIFICATION #1 TO THE FEDERALLY FUNDED SUBGRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DATED APRIL 14, 2004 (CONTRACT NO. 04HM-M5-11-23-02-010; FEMA PROJECT # 1345-37-R), IN CONNECTION WITH FLAGAMI AREA DRAINAGE IMPROVEMENT CONSTRUCTION PHASE II ("AGREEMENT"), REINSTATING SAID AGREEMENT AND EXTENDING ITS TERMINATION DATE UNTIL MARCH 31, 2009; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MODIFICATION, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.14 06-02140 Department of Parks and Recreation R-06-0696 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF LAWN EQUIPMENT FROM VARIOUS VENDORS, PURSUANT TO THE STATE OF FLORIDA CONTRACT NO. 515-630-06-1, EFFECTIVE THROUGH MAY 17, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.15 06-02141 Department of Purchasing R-06-0697 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 26, 2006, PURSUANT TO INVITATION FOR BIDS NO. 05-06-104, FROM AWARDS, INC. D/B/A TROPHY WORLD, FOR THE PURCHASE OF EMPLOYEE SERVICE AWARDS, ON AN AS -NEEDED, CONTRACT BASIS, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM City ofMiami Page 11 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0698 CA.16 06-02143 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Police AMENDING RESOLUTION NO. 05-0455, ADOPTED JULY 28, 2005, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER FOR THE PURCHASE OF A HELICOPTER, PURSUANT TO REQUEST FOR PROPOSAL NO. 04-05-091; REFLECTING THAT THE MIAMI POLICE DEPARTMENT IS ELECTING TO PURCHASE ONE OF THE OPTIONS INCLUDED AND REFERRED TO AS "SUPPORT BY THE HOUR" ("SBH") BY AMERICAN EUROCOPTER, LLC IN THEIR RESPONSE TO REQUEST FOR PROPOSALS ("RFP") NO. 04-05-091, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SBH AGREEMENT ("AGREEMENT") TO PURCHASE HELICOPTER ENGINE SERVICES FROM THEIR SERVICE PROVIDER TURBOMECA, FOR AN INITIAL AMOUNT NOT TO EXCEED $34,399 AT THE TIME THE AGREEMENT IS EXECUTED BY BOTH PARTIES; AND, AT A FIXED RATE OF $77.70 PER HOUR FOR 1 CYCLE PER HOUR WITH AN AVERAGE ADJUSTABLE UPWARD OR DOWNWARD PERCENTAGE RATE INCREASE OR DECREASE FOR SPARE PARTS PRICES, AS DETERMINED BY THE LISTED PRICES PUBLISHED IN THE TURBOMECA CATALOG FOR THE PRECEDING YEAR FOR THE LIFE OF THE AIRCRAFT; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.190263.546000.0000.00000. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0699 CA.17 06-02144 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND AVS INTERNATIONAL GROUP, INC., A FLORIDA CORPORATION, FOR THE CITY'S USE OF 2,000 SQUARE FEET OF WAREHOUSE SPACE IN MIAMI-DADE COUNTY, FLORIDA; SAID LEASE TO BE FOR AN INITIAL TERM OF ONE YEAR TO COMMENCE ON JANUARY 1, 2007, WITH A MONTHLY RENT OF $1,833.34 ($22,000 ANNUALLY), WITH FIVE (5) ADDITIONAL ONE-YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.199999.544000.0000.00000, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE. City ofMiami Page 12 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0700 CA.18 06-02146 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING TWO GRANT AWARDS, IN AN Improvement AGGREGATE AMOUNT NOT TO EXCEED $750,000, FROM THE STATE Programs/Transpor DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR DRAINAGE tation IMPROVEMENT PROJECTS, CONSISTING OF A GRANT AWARD IN AN AMOUNT NOT TO EXCEED $250,000, FOR THE FAIRLAWN STORM SEWER PUMP STATION PROJECT -PHASE IIA, PROJECT B-50702 AND AN AMOUNT NOT TO EXCEED $500,000, FOR THE MIAMI FLAGAMI/WEST END STORM SEWERS IMPROVEMENTS PROJECT -PHASE II, PROJECT B-50695; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $250,000, FROM CAPITAL IMPROVEMENT PROGRAM ("CIP") PROJECT NO. B-50702, AND THE AMOUNT OF $500,000, FROM CIP PROJECT NO. B-50695; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE FINANCIAL ASSISTANCE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0701 CA.19 06-02147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING A GRANT TO THE TURKEL RESOURCE Improvement FOUNDATION TO RESTORE THE CITY OWNED DORSEY MEMORIAL Programs/Transpor LIBRARY LOCATED AT 100 NORTHWEST 17 STREET, MIAMI, FL, IN THE tation AMOUNT OF $250,000; ALLOCATING SAID FUNDS FROM B-30531, CAPITAL IMPROVEMENT PROJECT " DORSEY MEMORIAL LIBRARY RESTORATION" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0702 Direction by Commissioner Spence -Jones to the City Manager to continue working with the group renovating the Dorsey Library to identify additional parking for the facility. City ofMiami Page 13 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 CA.20 06-02150 Department of Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTION AGAINST MARTI ARTISTIC REPERTORY THEATER, INC. ("LICENSEE"), TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY"), INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY, TO OBTAIN ANY RELIEF OR REMEDY FOR THE RECOVERY OF ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY, IN CONNECTION WITH THE LICENSEE'S BREACH OF A REVOCABLE LICENSE AGREEMENT EXECUTED FEBRUARY 19, 2004. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.21 06-02202 City Manager's Office R-06-0703 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROVISION OF IN -KIND SERVICES, TO THE SUPER BOWL HOST COMMITTEE, FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE AND SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $200,000, TO HELP DEFRAY THE COSTS ASSOCIATED WITH HOSTING VARIOUS SUPER BOWL XLI EVENTS LOCATED IN THE CITY OF MIAMI. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.22 06-02205 Department of Economic Development R-06-0704 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REMEDIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE RELATED GROUP OF FLORIDA OR ITS SUCCESSORS OR ASSIGNS, FOR THE REMEDIATION OF CERTAIN ENVIRONMENTAL CONDITIONS, AS REQUIRED BY MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES, WITH RESPECT TO THE PROPERTY LOCATED AT 1855 NORTHWEST 15 AVENUE, MIAMI, FLORIDA. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0705 Adopted the Consent Agenda City ofMiami Page 14 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: All right. Now we're going to move into the consent agenda. Are there any items on the consent agenda that any of the Commissioners wants to pull, defer? Commissioner Spence -Jones: Yes, Mr. Chair -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Go ahead. Commissioner Spence -Jones: I'd like to pull for discussion CA.12, CA.19, and CA.21. Vice Chairman Sanchez: Wait, wait, wait. Which ones? CA.12? Commissioner Spence -Jones: CA.12, 19, and 21. Chairman Gonzalez: OK. Commissioner Regalado. Commissioner Regalado: I'd like to defer for the January meeting, until more details are available, CA.4. Chairman Gonzalez: All right. Commissioner Spence -Jones: So he's -- Commissioner Sarnoff Mr. Chairman, I'd like to pull CA.22. Chairman Gonzalez: CA.22? Commissioner Sarnoff Yes, sir. Chairman Gonzalez: All right. Commissioner Spence -Jones, CA.12. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. Actually, I know that the -- if you don't mind, Mr. Chairman, I want to go ahead and take CA.21 so that they can go ahead and leave, which is the Super Bowl -- upcoming Super Bowl. Mr. Barreto and Mr. Talbert, we definitely support the item. That's not, you know, the issue. I just want to commend both the Bureau and the chairman of the Super Bowl Host Committee for their wonderful support and working with us. We just had a meeting yesterday with your team, Bill, and Commissioner Willy Gort and several other members, Carole Ann Taylor, were at that meeting to try to pull together some activities that would take place in the Overtown area and in the Little Havana area, and I want to at least, personally acknowledge you on behalf of myself and the Commission for making sure that our neighborhoods are included in all of the activities that are taking place, so it was really just to really acknowledge you. Unidentified Speaker: Living up to our commitment to you. City ofMiami Page 15 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Unidentified Speaker: Absolutely. Commissioner Spence -Jones: We really appreciate it. OK. Unidentified Speaker: Absolutely. Commissioner Spence -Jones: Thank you, and good luck. Unidentified Speaker: Thank you. Chairman Gonzalez: Thank you. CA.19. Commissioner Spence -Jones: CA (Consent Agenda) -- Vice Chairman Sanchez: No -- Commissioner Spence -Jones: -- I'll go back to CA.12, OK? CA.12 is -- I just really wanted to just make a comment on the 25 -- is it $25, 000 per park -- Vice Chairman Sanchez: 100,000 -- Commissioner Spence -Jones: -- $100, 000 per park for each district. First I want to -- all want to commend you for your commitment to making sure that we have these dollars for the parks, because you know that we need as many programs as possible, but I wanted to also direct this to the City Manager, and we've been having these conversations on an ongoing regarding parks. I can't speak for anybody else's district but mine. I really want to make sure these dollars or any dollars that have been agreed upon that are going to work in our district, or I could say in District 5, that we have the support from a City Commission standpoint in our neighborhoods. We best understand what needs to happen in our neighborhoods. We understand what our residents and our constituents need to see happen, and I would ask that you please make sure that your staff -- Park staff understands that we have a commitment to the residents of our districts, and we want to make sure that we get the support from the departments in making sure that those initiatives take place, and I'm going to tell you, I'm beyond the word angry, but I'm going to go ahead and definitely support the item; that's not even the issue, and I support my colleague, and I thank him for at least having the opportunity to have these dollars to do some additional things that I need to do for my seniors and the older kids that are in my park, but I don't feel, as a Commissioner that has been elected by the people, that I should have to deal with anything from any staffer regarding issues that need to go on within my park, any of my parks, so I'm letting you know now, publicly on the record, that if there's an issue around programming or things that I need to have happening in my parks, I want to make sure that it gets taken care of and that's my only point on this matter. Pedro G. Hernandez (City Manager): Commissioner, ifI may. I ensure that staff work through the office of every Commissioner here to ensure that your desires in programming are met. Commissioner Spence -Jones: Thank you, Pete. Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, thank you so much. When the budget was getting squeezed, when we adopted the budget in September, one of the greatest concerns that we had from the Commissioners were our Parks Department, and I do want to take the opportunity to praise the leadership in this Commission to enhance the parks, but we found out that one thing City ofMiami Page 16 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 that we lacked was programs in our parks to basically benefit our youth and basically our seniors, and I want to take this opportunity to really to commend and praise the Bayfront Park Trust, through the leadership of Tim Schmand and the Board, who was generous enough to basically run such a smooth operation at that park, that we had a million dollars to basically put forth and put it back into the community, and this was one of the best ways that we could put it back, being that we are a park trust, to give $100, 000 to each district to provide additional programs in their districts, so I want to take the opportunity to also praise the Parks director for working with us, and the only thing that the Board really asked for is that the money not be used for capital improvement; really, I could see why. We had such -- we have such a dire need for park programs -- Commissioner Spence -Jones: Programs. Vice Chairman Sanchez: -- that basically you could do a lot with $100, 000. I know I do a hundred thou -- a lot with $100, 000 for these parks, and basically, when you walk -- when you drive around and you visit our parks -- and I know each and every one of you visit your parks -- you really see that, at times, kids are being left out, and when they're left out of these parks programs, they're out on the street really doing things they shouldn't be, and we live in such a rat race today that parents are out there working two jobs to make ends meet, and really working them -- their fingers to the bone to try to pay their rent, and pay their car, and be able to put food on the table, so once again, I just want to thank everyone, including the Parks director, Bayfront Park, the Trust, the Board, and this Commission for allowing me to play just a very small part in this great victory for the children and our seniors that are going to be benefiting from this generosity from the Bayfront Park Trust, so thank you so much, Mr. Chair, and thank you so much, Commissioner, for your praise for all of us. Chairman Gonzalez: Commissioner Spence -Jones, you have another item? Commissioner Spence -Jones: The only one -- Chairman Gonzalez: 19. Commissioner Spence -Jones: -- was CA.19, which I had -- I don't know if anybody's here from the Turkel Resource Foundation, but this is actually directed towards the City Manager, once again. I just want to -- first of all, I'm glad that we were able to get these dollars for this historic library for Dorsey in Overtown, and that is a blessing to be able to have that. I just wanted to -- in doing the ride -through with GSA (General Services Administration) --I mean, not GSA, the staff regarding the issue of the new Dorsey Library in Overtown, one of the big issues we have is parking. Once this building is completed, there's no place to park, and we put -- we've just put about 15 new units that are on the same street, and this new building -- this new library that is actually going to be refurbished has nowhere to park. There is a Dorsey Park right across the street, and I asked, about four or five months ago, to look at alternatives to at least provide some parking to that library once it's refurbished, so I just want to make sure I officially put it on the record, you know, directing the City Manager to continue to work with the group that's doing this library to find the additional parking, because it's not going to make sense to get the library there and not have any parking. Mr. Hernandez: We'll look for the alternative parking solutions -- spaces. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Commissioner Sarnoff, CA.22. Commissioner Sarnoff CA.22. I just want to bring to everyone's attention that if you read the City ofMiami Page 17 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 indemnity agreement in CA.22, that that is as broad -brushed an indemnity as you can find, and I want to make sure that I understand that, in the future, if this particular site, which I think has an affordable housing unit on it, were to change, and my understanding is that what we've done is taken away the contaminated dirt from the areas that are green, and we have paved over the areas that have not had the dirt removed. My understanding is, if we go in the future, and any disturbance of that site, or changing of the blacktop surface, we would be responsible for -- Jorge L. Fernandez (City Attorney): Right. Commissioner Sarnoff -- for further remediation -- Mr. Fernandez: Right. Chairman Gonzalez: Yes. Commissioner Sarnoff -- and any damages that flow from that remediation. If somebody were to become sick or ill, we would be responsible for that; that's correct, right? Mr. Fernandez: Well, with regard to personal damages, that's an issue that would be determined in a different context. We're talking to disturbing the site -- Commissioner Sarnoff Right. Mr. Fernandez: -- and any -- the agreement that we have entered is that we own the liability for any disturbance to the sites, but by the same token, we control, in a regulatory fashion, who can go in the site to do anything, and so we're pretty much watching, or we have control over the gate with regard to any changes or the potential for anyone going in and disturbing the site. Commissioner Sarnoff Does it say that in the particular agreement? Because my understanding is that this affordable housing is in the process of being sold, and if they were to change this site, do we have control over that? Mr. Fernandez: Well, Ms. Mazique may speak to that with regard to the controls that the City would exercise. Lisa Mazique (Director): Lisa Mazique, Department of Economic Development. Good morning, Commissioners. Commissioner Sarnoff Good morning. Ms. Mazique: Yes, sir, Commissioner Sarnoff, the actual site cannot be disturbed without the concurrence of the City ofMiami, and this particular agreement allows for the restrictive covenant to run with the property and disclose to all future owners that particular requirement and environmental disclosure. Commissioner Sarnoff Yeah. My reading of that indicates that there are certain things that can occur on that site, but the footprint of the building could be changed, is that correct? Ms. Mazique: Not without the City's concurrence. Mr. Fernandez: Well, in fact, the City controls, through the permitting process, any change to any structure to any building, even remodeling of any buildings must come through the City for permits, and at that -- that is the gate that we would actually control -- City ofMiami Page 18 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff OK. Mr. Fernandez: -- and understanding that we are under this type of exposure that would be very carefully watched so that we don't incur any liability. Commissioner Sarnoff Understood. Thank you. That's fine. Chairman Gonzalez: All right. With the exception of CA.4, which has been de -- well, we need a motion -- we have a motion to defer CA.4 from Commissioner Regalado; is there a second? Deferment of CA.4, is there a second to defer CA.4? Commissioner Regalado: OK. Do we need a motion to defer -- Chairman Gonzalez: I think so. Commissioner Regalado: -- Mr. --? Chairman Gonzalez: We need a motion to defer? Commissioner Regalado: For the next meeting, I don't think so. Chairman Gonzalez: Just table it for the next meeting. Mr. Fernandez: This item, you would need a motion to defer because it's not an item that a Commission has generated or initiated that would allow you then to control to pull it, that type of thing. It's actually, you know, an issue of deference that each of you always give each other with regard to deferring. I gather that the Commissioner, Commissioner Regalado, may want more information. While we briefed yesterday, or the day before, we did not specifically address some of these concerns, and so maybe he needs to -- Vice Chairman Sanchez: Well -- Mr. Fernandez: -- I don't know the genesis of -- or the reason for the request, but it's an issue that I'm bringing to the Commission, and I have no problem continuing it, certainly, until January, until I have an opportunity to discuss it further with Commissioner Regalado. Vice Chairman Sanchez: I would second the deferral -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- just as long as it -- Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- just as long as it's coming back. Chairman Gonzalez: -- and we have a second to defer for the January meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: I would make a motion for the remaining of the consent agendas City ofMiami Page 19 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 [sic]. Chairman Gonzalez: All right. We have a motion on the consent agenda. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 20 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-02153 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY MANAGER THAT MIAMI-DADE FAMILY LEARNING PARTNERSHIP, A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST -QUALIFIED FIRM TO PROVIDE PARENT LITERACY ACTIVITIES AND CURRICULUM; AUTHORIZING THE CITY MANGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE FAMILY LEARNING PARTNERSHIP, FOR AN INITIAL ONE-YEAR PERIOD COMMENCING JULY 1, 2006 THROUGH JULY 31, 2007, IN AN AMOUNT NOT TO EXCEED $55, 000, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, FOR FISCAL YEAR 2006-2007, FROM ACCOUNT NO. 15500.101000.431000, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0706 Chairman Gonzalez: All right. Now we're going to go to the Mayor and Commissioner blue pages. We have two items from the Mayor's Office. Lisa Martinez (Director, Policy and Legislation): Good morning. Lisa Martinez, Mayor Diaz' Office. Item M.1 is a resolution approving the recommendation and finding of the City Manager that Miami -Dade Family Learning Partnership is the most qualified firm to provide parental literacy and curriculum; authorizing the City Manager to execute a professional service agreement. Chairman Gonzalez: All right. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." City ofMiami Page 21 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Jorge L. Fernandez (City Attorney): No, Mr. Chairman. Excuse me. On M.1, this is a public hearing, and you must pass this item by four fifth vote, so I would suggest that you now should open to public input. This is a waiver pursuant to a Code provision that specifically requires this, so you need to -- Chairman Gonzalez: All right. Mr. Fernandez: -- observe those requirements. Chairman Gonzalez: Thank you, sir. OK. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. We had a motion and do I hear -- and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Fernandez: And Madam Clerk, reflect that, in fact, it was a unanimous vote, because it requires four fifth otherwise. Priscilla A. Thompson (City Clerk): Correct. Chairman Gonzalez: Right. M.2 06-02154 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS FROM THE MAYOR'S POVERTY INITIATIVE FUNDS ACCOUNT, IN THE AMOUNT OF $400,000; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FUND THE AGENCIES AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES FOR THE 32ND PROGRAM YEAR BEGINNING OCTOBER 1, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AMENDMENTS AND/OR AGREEMENTS, WITH SAID AGENCIES, FOR SAID PURPOSE. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0707 Chairman Gonzalez: M.2. Mayor Manuel A. Diaz: Mr. Chairman, Commissioners, thank you very much. I ask for your support of this resolution. As all of you know, over the last couple of years, we've had to set aside funds that we, in this case, have budgeted for again in the budget that we approved last September coming from the Mayor's poverty initiative to ensure that we continue to fund the programs that you see attached; that serve meals to many of our seniors in this community that have obviously suffered through cuts in CDBG (Community Development Block Grant) funding. I am very hopeful that, when Congress finally gets around to approving a budget, which they haven't yet, believe it or not, that this amount will be less for next year, and I am particularly City ofMiami Page 22 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 hopeful that, with the new Congress, that we will never have this issue again, and, in fact, we may have more CDBG funding than we've had in quite some time, but in the meantime, this will make these programs continue to be whole, so I ask for your support. Chairman Gonzalez: Thank you, Mr. Mayor. Vice Chairman Sanchez: Second. Chairman Gonzalez: Yes. Vice Chairman Sanchez: This is first year out of two years, right, Mr. Mayor? Mayor Diaz: I'm sorry? Vice Chairman Sanchez: This is the first year out of two-year funding? Chairman Gonzalez: Out of two years, yes. Mayor Diaz: Second. Vice Chairman Sanchez: Second year. Mayor Diaz: Right. Chairman Gonzalez: Second. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. We had a motion -- Commissioner Regalado: Mr. -- Chairman Gonzalez: -- right -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we had a second. Priscilla A. Thompson (City Clerk): No. Chairman Gonzalez: Discussion. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I really support this item, and this is part of the discussion that we had in the past. However, we need to understand that there could be trouble in the horizon for us because the County is under a mandate to give back $12 million to HUD (Department of Housing and Urban Development), and if they don't do it, then all the funding for social services program will be cut next year. If we look at the list, as I have, of the programs that will be cut by the County, 60 percent are in the City ofMiami, and we will be running into problem if this -- County problem is not solved. The issue here is that we -- in the past, we said, well, this is Washington doing, but we have to come up with a solution. Now, next year we may be saying this is a County issue, but we're going to have to make a solution, because, like we always say, we are the first line of defense here, and the people will come first to us, so I'm just saying that we need to really look at the CDBG programs, and look at the -- maybe the City Manager and Community Development can get the City ofMiami Page 23 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 specific list and start meeting with the people just in case, the worst case scenario happen, as Mr. -- the Manager has not officially said anything in the County, but Cynthia Curry said that there will be no funding for programs next year. They have until, I think, some time next year, so we will have some problems with our social services programs, and I just want to make my colleagues aware that we're going to have to start working earlier than last year on this issue. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, I briefly discussed this matter with the County Manager yesterday. He assure me that the County's looking for alternative funding to ensure that there are no cutbacks on the programs. I'll continue to follow up with him to ensure that that's the case. Chairman Gonzalez: That's good news. All right. We had a motion. I think we're lacking a second. Ms. Thompson: I'm sorry. Chairman Gonzalez: Do we have a second? Ms. Thompson: I'm sorry, Chair. I did not hear who moved -- thank you. Vice Chairman Sanchez: I second. Chairman Gonzalez: Vice Chairman Sanchez made a -- Ms. Thompson: Thank you. Chairman Gonzalez: -- motion, and I believe Commissioner Spence -Jones second -- Commissioner Spence -Jones: I move -- Chairman Gonzalez: -- so we had a motion and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Thompson: Yes. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC SARNOFF DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 City ofMiami Page 24 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 COMMISSIONER TOMAS REGALADO D4.1 06-02175 RESOLUTION DISCUSSION ABOUT A RESOLUTION OF THE CIVILIAN INVESTIGATIVE PANEL ("CIP") RECOMMENDING TO THE MIAMI CITY COMMISSION THE ADOPTION OF A RESOLUTION REQUIRING THE CITY OF MIAMI POLICE DEPARTMENT TO PROVIDE NOTICE TO THE CIP WITHIN TWENTY-FOUR (24) HOURS OF EACH INCIDENT WHERE A CITY OF MIAMI POLICE OFFICER SHOOTS AN INDIVIDUAL WITH HIS OR HER FIREARM. DISCUSSED Discussion on the item resulted in the resolution below: (D4.1) 06-02175a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INCLUDE THE CIVILIAN INVESTIGATIVE PANEL ON THE LIST OF THOSE NOTIFIED FOR SHOOTINGS INVOLVING THE MIAMI POLICE DEPARTMENT. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0708 Chairman Gonzalez: OK. District 1, I don't have any items. District 2, Commissioner Sarnoff, do you have anything on your blue pages? Commissioner Sarnoff No. Chairman Gonzalez: OK. Commissioner Sarnoff No, sir. Chairman Gonzalez: OK. Vice Chairman Sanchez? Vice Chairman Sanchez: None, Mr. Chair. Chairman Gonzalez: Commissioner Regalado? Commissioner Regalado: Thank you very much, Mr. Chairman. I place a discussion item regarding the Civilian Investigative Panel, CIP, recommending -- they did vote on this, and it was passed by the CIP -- the City Commission, the adoption of a resolution requiring the City ofMiami Police Department to provide notice to the CIP within 24 hours of each incident where a City ofMiami police officer shoots an individual with his or her firearm. This is a very sensitive issue, but I think it deserves a public discussion, and I spoke to Chief Fernandez yesterday at length on this issue. The civilian panel was an entity that is unique in the City because it was created by 76 percent of the voters. It is the only board ever in Miami -Dade County created to function as an advisory board by the voters of one city, one municipality, or even the County, and my decision to bring it up is just that the CIP has had in the past some problems reaching out to get information, so we have the chief here, and the chief was ready to City ofMiami Page 25 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 entertain some kind of discussion, and we have the chairman, plus members, Brenda Shapiro is here, and Hector, and we have so many good members that they have taken the time to come here, and maybe Chairman Handfield could give us -- and basically, Mr. Chairman, what they and the Police are concern is that there is a desire of the CIP to be part of the investigation of the actual shooting in the scene. I told them, and I told the chief that I, as a civilian, will never try to get into a criminal investigation, nor pass the line or anything, so they just wanted to understand why do you need this information. Larry Handfield: Thank you very much, Commissioner. Good morning, Mr. Chair, the Mayor, Manager, and the remaining Commissioners. My name is Larry Handfield, Chairman of the Civilian Investigatory [sic] Panel. My address is 4770, Suite 1200, Miami, Florida. First of all, I think the record needs to be clear that the request and the directive of the Panel, when the Panel unanimously voted for this resolution, was not to conduct any investigation, nor to be present, but simply to be notified. When there's a shooting, the Mayor's Office is notified, the City Manager's Office is notified. I don't understand what would be the harm of the body that was charged with the duty to provide oversight not to be notified. If you look at other police oversight boards across the country that does not have the subpoena power, have less power, they are notified, so being on a notification list -- it has never been articulated as to how that would obstruct any investigation or any administration as relates to being informed of a shooting. The Civilian Investigatory [sic] Panel is only requesting to be notified within 24 hours of a discharge of a police officer's weapon during the course of his or her duty, and to obstruct that or to imply that that would somehow interfere within an investigation, we respectfully disagree. Clearly, the way it is right now, within -- any time there's a shooting within the jurisdiction of the City ofMiami by a police officer, the Mayor's Office is notified, the Manager's Office is notified, and we don't see why the body that was created by the citizens should not be notified. I met with the City Manager, and we discussed this matter on last week, so we have not received any explanation as to why it would create a problem by the chief or the chiefs office as to what harm would come by the Civilian Investigatory [sic] Panel being on that notification list. Commissioner Regalado: Well, I -- we have the chief here, Chief Fernandez, deputy chief of the City ofMiami Police Department, and that was precisely the conversation. They are -- their position is that there shouldn't be any investigation, parallel investigation, but I don't know if the chief wants to comment. I do think that -- and I told the chief that same thing, that every time that there is a shooting, we are notified and the media is notified, and so he asked what's the purpose, so I don't know, chief if you want to, or City Manager. Pedro G. Hernandez (City Manager): Commissioner, if you allow me. Mr. Handfield and I met. We identify that there's a present mechanism by which the media, the Manager, the Mayor, I believe the Commissioners are notified when you have instance of let's say, shootings, not just a police shooting. Instance that happen in the City, we get a notification from the Police Department. I think that I would like to explore, and I think that Mr. Handfield is in agreement with the idea of being able to add, for example, the chair and the executive director of the CIP to that list, and then depending on the type of item, the severity of it, you may then want to disseminate it to the rest of your members, because we do send out quite a bit of information, but I think the mechanism is proper, and if it's acceptable to Mr. Handfield, it's something that we can look into implementing. Commissioner Regalado: OK. Mr. Handfield: Yes, and thank you, Mr. Manager, and I thank you for your commitment and -- on last week, and we pretty much agreed that, clearly, adding the CIP to the level of notification would be consistent with the mandates that have been previously provided. City ofMiami Page 26 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: Chief anything you want to -- Deputy Chief Frank Fernandez: Yes, Commissioner. Chairman Gonzalez: -- add? Deputy Chief Fernandez: Thank you very much. Good morning, Frank Fernandez, deputy chief Miami Police Department. I think the easy question is can we do this? Can we put them on our notification list? And that's simple, but the more complicated question is, what's the intent, what's the purpose, and what's the value? And that's what we have, and the resolution is very vague. It just says "makes notification to the CIP," and we've asked that question, what is the intent? Mr. Handfield: Well, I think the intent is to show to the public that there are another set of eyes that is providing oversight, and I think that is essential. It is essential to maintain integrity and build confidence in the public concerning its police department, and adding the CIP, which has the responsibility of providing oversight and advice to a notification, that is the intent and that is the purpose, so it's just giving another set of eyes, but it's not obstructing any investigation, and I don't see any harm being done by adding the CIP to that list of notification. Chairman Gonzalez: Chief. Deputy Chief Fernandez: Commissioner, if I may. Thank God we've -- I don't want to spoil what we've done so far because our officers done a fantastic job, and these things have become very infrequent. We've gone a number of months and -- 18 or 20 months without a shooting at one point, so we've -- the officers done a good job, so thank God, it hasn't been a frequent issue for us, but the question here lies exactly what the attorney was saying, is to provide oversight. Is that oversight for the investigation? Because if we're going to make the notification, and their purpose is to investigate after we have concluded, what is the intent and the purpose and the value of them obtaining that information from the get -go? As I said, I just want to reiterate, it is not that it's difficult to -- for us to make that notification; it is we want the answer of what is the intent. You know, we have an MOU, a memo of understanding, with the state attorney's office that clearly delineates what the responsibilities are of the medical examiner, the state attorney, the police department, fire -rescue, everybody's on there listed. Listed in that MOU, there's no mention whatsoever of CIP, so as the attorney was saying, I think it holds to value there, that the purpose is to provide oversight, and my concern, the chiefs concern, and he wanted me to voice that is, what is that oversight -- what does it do? What is it going to provide? Commissioner Spence -Jones: But Chief I think that Mr. Handfield, or the chair, was very clear on that. I mean, I think I got it. I don't know if my other Commissioners get it. I mean, I -- again, you've even stated in your comments that it's not like there's been a lot of them, you know, so the issue is it's not like they're going to be notified every week on a shooting that's taken place, but clearly, you know, we have had issues in this town regarding -- not necessarily the City ofMiami. I'm not talking about the City ofMiami, but around building the confidence in the public, and the whole purpose of this panel was to make sure that they understood or the public understood that we were trying to make sure that we addressed any of these issues, if they ever took place, so, I mean, if this is not an ongoing issue, you know, for us, you may never have to call them, so I mean, I totally agree with the Panel and their reason for wanting to know. I know my constituents would definitely want to know, you know, if there was another set of eyes looking at it, so I mean, I don't understand what's the problem. Commissioner Regalado: If I may. I think it's very simple. What -- he agrees, and he agrees, the Manager agrees, we all agrees [sic] that they will not be going into the crime scene, nor City ofMiami Page 27 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 investigating -- Commissioner Spence -Jones: Yeah. Just notify him. Commissioner Regalado: -- nor asking to be brief by the investigator on the screen, that they may just get it. Maybe they don't get the case. Maybe they just get -- but the fact that they are notified, it gives a sense of another level of comfort to the people ofMiami that this panel is aware of this situation. I mean, if -- I mean, the only thing that, you know, I would suggest maybe to resolve this philosophical issue is for the Panel to start printing a weekly newsletter, and then you become media, and then you will be notified when you are ready to receive the information, so I don't see -- if everybody agrees that they cannot go into a crime scene -- Chairman Gonzalez: But -- if you allow me, I believe that's where the difference is. I mean, they have certain concerns in reference to why do they want to be notified, and I'm sure that they are afraid that there are going to be people in the crime scene that should not be there, and one of the reasons is that the crime scene can be contaminated if you have people that -- going to the scene. If they have no intention to go to the scene, they have no intention to investigate the scene, or to interview the investigators, and they have -- all they have to do is just -- that should be put on the record -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- so then they will be notified, and then they will be -- they will feel at ease on notifying them, and you know, that will be the solution to the problem. We're going to be debating this back and forth for three hours, and everybody is in agreement. All you have to do is agree to the terms -- Commissioner Spence -Jones: Notify, that's all. Chairman Gonzalez: -- and that's it. Commissioner Regalado: And I think they just did. Deputy Chief Fernandez: Commissioner, may I add -- Commissioner Regalado: I think they just did. I don't know. Deputy Chief Fernandez: I just want to add a point. In these police shootings, the lead person on the scene is a state attorney, and Commissioner, just to add to your point, I fully agree with you that the community should be informed, they should have reassurance that nothing is being covered up, but I want on the record to show that the Department of Justice came into our department at the request of the management, and gave us a clean bill of health. Commissioner Spence -Jones: All right. Deputy Chief Fernandez: I mean, so that -- we're not just overseen by ourself [sic]; state attorney, Department of Justice, the state attorney, U.S. Attorney. Commissioner Spence -Jones: But I don't -- chief I don't -- Deputy Chief Fernandez: I know procedural laws -- Commissioner Spence -Jones: -- think we're making it a -- City ofMiami Page 28 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Deputy Chief Fernandez: -- like Garrity that apply here -- Commissioner Spence -Jones: Yeah. Chief I don't -- Deputy Chief Fernandez: -- that we're concerned about. Commissioner Spence -Jones: Chief I don't think that anybody's making, you know, this -- I don't think this is a personal attack on the Police Department. I guess the whole purpose of the Panel is to really make sure that at least the citizens feel comfortable, and I'm sure the Panel came out of citizens being uncomfortable with what was happening at one time or the other -- Deputy Chief Fernandez: Certainly. Commissioner Spence -Jones: -- so it is our responsibility to our constituents and our residents, because guess what? If a shooting takes place, we're going to get the phone calls. We're going to get them. Deputy Chief Fernandez: And like I said, the issue for the chief is not the notification; it is the intent of receiving the notification, and what are they going to do with it, which is not clear in the resolution. As the Manager said, we're more than willing to work with them. However, we want to know what the intent is, or they -- Mr. Handfield: All right, and I -- Chairman Gonzalez: All right. I -- Commissioner Regalado: But we're making the record clear here. I mean -- Chairman Gonzalez: Can we -- Commissioner Regalado: -- we're making the -- Deputy Chief Fernandez: If -- Chairman Gonzalez: -- so we can end the discussion, and we can come to a meeting of the minds, can we modify the resolution, adding the intention of the notification? Commissioner Regalado: I would move to accept the resolution of the CIP, with the condition that this is only a notification issue for the Chairman and executive director. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Commissioner Regalado: End of conversation. Commissioner Spence -Jones: Now, second with -- we got -- the City Attorney has a comment -- Chairman Gonzalez: Mr. City Attorney. Commissioner Spence -Jones: -- so -- Chairman Gonzalez: Mr. City Attorney, you've been waving your hand that you want to speak - City ofMiami Page 29 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Jorge L. Fernandez (City Attorney): Yeah. Chairman Gonzalez: -- on the item. Please, go ahead. Mr. Fernandez: Well, you know, it's -- I don't want to interfere with your policy deliberation, because that's your domain. However, when your policy debate begins to involve subtleties of legal theories and legal issues and consideration, I believe it behooves me and that you would want to hear my take on this whole situation. The reference to the word "oversight" that was used appears in the Charter provision that we have. The referendum that passed -- Chairman Gonzalez: Yeah. Mr. Fernandez: -- the Charter question, and let me read it to you, and you need to be a little bit patient with me because this is a very sophisticated type of analysis that we need to distinguish how the word "oversight" is used, because that's -- Commissioner Regalado: Mr. City Attorney, ifImay. Mr. Fernandez: Oh, OK. Commissioner Regalado: Mr. City Attorney, just wanted to make a comment here. We are not discussing here the role of the CIP. We're not discussing here whether the CIP should be more zealous in overseeing the department or not; that is their problem. The only thing that we're discussing here -- Commissioner Spence -Jones: Is notification. Commissioner Regalado: -- the only thing is the issue of notification. The City Manager has said that he agrees to include the Chairman and the executive director in the notification list of the Mayor, Commissioner, City Manager, City Attorney, media, et cetera, and the Chairman has said we're not going to trample over your investigation, we're not going to step on the crime scene, we're not going to try to investigate ourself. They just need notification purposes for them, maybe to discuss. Well, how about just this scenario. How about if there is a police shooting -- thank God that there is -- has been none in the past, and we need to commend the police for that, but -- and then there is a big police shooting. The media would probably be on the scene reporting outside of the crime scene, of course, because if it goes inside, they'd be arrested, and then the media will go to the Chairman and said, what do you think about this? I don't know anything about a police shooting, so what do you mean you don't know anything about the police shooting? You are the -- Commissioner Spence -Jones: Chairman. Commissioner Regalado: -- police oversight. I guess that that's all that there is to it, notification. If I go to a crime scene -- there was a cache of weapons that were found near my home about three or four weeks ago, and you know, I saw the commotion, and I went there; I park, and there was a police officer, and she said to me, you cannot go past this line. I said, fine, you know. I'm -- I don't want to -- I'm not going to pull rank and all that. I'm not going to jump the yellow tape or anything because I'm not stupid, and everybody knows that, that you cannot go into a police crime Mr. Handfield: Right. Commissioner Regalado: -- scene. It's -- the police is the police, and we are what we are, so I City ofMiami Page 30 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 don't think that we're discussing here the details of what is the role of oversight. It's just to add two names to the notification list. That's all that there is to it, either that, or you know, there is some conspiracy theory here or hidden agenda that I don't know. Mr. Fernandez: Mr. Chairman -- Chairman Gonzalez: All right. Mr. Fernandez: -- may I continue, please? Chairman Gonzalez: Yes, go ahead, Mr. City Attorney. Mr. Fernandez: Thank you, Mr. Chairman. Again, at the outset, let me tell you, may the City Commission pass this resolution? Yes, you may, so I'm not speaking against that, and I'm not interfering in your policy determination. I want to enlighten your policy decision to the extent that this is heavy laden with legal ramifications. I want you to understand them, because God forbid that there should ever arise another issue, because the City and the CIP have been involved in litigations where we have disputed and been in disagreement with regard to intents and what the law says, and the like. God forbid that there should be another incident in the future like that. I don't want to come in front of this City Commission and have any of you told [sic] me, have you explained to me the full ramification and the potential consequences from a legal analysis of what our decision then meant, we wouldn't have done it, so I'm just trying to be proactive, prophylactic; I'm trying to give you the benefit of my deliberation on this. Frankly, I'm somewhat disappointed that Mr. Mays, who serves as the counsel to this body, who's appointed by them, but certainly with my consent, did not undertake to engage me in a legal discussion of these issues. The Chief of Police did engage me and did ask me to research the Charter and the Code, and that's what I'm willing to give to you now, the benefit of my legal analysis of what the Charter and the Code says with regard to this. You had -- you heard the chairman of the CIP clearly state to you that he believes that this is a right that flows from the oversight word that was used by him several times. Let me tell you, that the word "oversight" appears only once, and it appears in the Charter wording; it does not appear in the Code, and it appears in terms of defines who they are, but not what they do. It is not stated oversight within the powers that have been specifically enumerated and given to them by the Charter and then more amply outlined in the City Code, so oversight is an adjective, if you would, or is a descriptive word that describes who they are when they come together as a body, but not necessarily -- it does not address and it does not go to describe the nature of the powers or the duties that they have because their duties and powers are enumerated, and it's a principle of law that when a creature, like they are, they're a creature of the city. They're created by Charter and fully amplified by a Code, they only enjoy those enumerated powers, the very limited and named numbered powers that they have, and nowhere do they have the power to require to be notified or to exercise oversight in providing additional sets of eyes in the criminal investigation of a shooting. Can the City Commission do that? Yes, you can. It will initially require a resolution, but would propose to you that furthermore, in the future, I will bring to you an ordinance also amending, likewise, the functions of the Police Department to include that, because what you're doing is steeped in the functions of the Police Department, so we would need to make some modifications to the functions and the powers of the Police Department in this case. I do not ascribe motives. I don't know what motivates the CIP to require this after being in existence for four plus years. I don't know what in their history or in their experience. I'm not delving into the issue. That's something that the chief can do or that all of you may debate with the CIP with regard to policy debate, but from my vantage point, from my perspective, I strongly advise against the passage of this resolution. It's a slippery slope, and given the nature and given the history that we have with the CIP, significant a role as they may play otherwise and being voted in by 70 percent of the voters, as that may be, this is not consistent with the enumerated powers that either in the Charter or in the Code they have City ofMiami Page 31 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 been given. That's a simple legal analysis; hopefully, it doesn't disturb your policy determination, but you've heard it from me. You heard it here today. It's a slippery slope. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Thank you. All right. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: We have a motion and we have a -- yes, sir. Commissioner Sarnoff Just one thing. It seems like everybody -- or it seems like the argument being proposed is that once you let the camel's nose in the tent, the rest of the body follows, so why don't we just zip up the tent and just agree that they have no power other than being notified. I mean, I -- the record's pretty clear here, but the argument simply is that once you let the camel's nose in, the rest of the body will follow. Let's just agree that the body won't follow. Vice Chairman Sanchez: Well, what do we agree that -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- if one of the members shows up to a crime scene, which I doubt, that they will take action against them? Commissioner Sarnoff Wouldn't they have the -- I mean, a Commissioner gets -- Vice Chairman Sanchez: They haven't done that yet. Commissioner Sarnoff -- but a Commissioner gets notified. Do we have the right to cross that line? Vice Chairman Sanchez: No. Commissioner Regalado: Of course not. Mr. Handfield: No. Commissioner Regalado: Of course not. Mr. Handfield: No. Commissioner Sarnoff So why would they be any different than us? Commissioner Regalado: I mean, why -- that's -- what I don't understand from the City Attorney's explanation -- Mr. Fernandez: Yes. Commissioner Regalado: -- is that he just gave us a whole legal philosophical explanation about the powers and not the powers, and oversight and not oversight. It is only about notification. It's not allowing -- it's not changing the role of the police, because I don't remember -- or maybe it has -- when the tradition of notifying the media was started by the Police Department. I am sure that the then -City Commission did not change the whole ordinance to say that now the role of the Police Department is changing because it has to notify City ofMiami Page 32 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 D4.2 06-02201 the media. That just came as part of the important role of the media in this country and in this city. I don't think that the ordinance was modified to create the public information unit of the Miami Police Department. I mean, everybody agrees that if these people go and try to enter a crime scene, they will be arrested, as anyone else, like me, or Commissioner Sarnoff, or anybody. I mean, I don't understand what is the problem. Is it about being -- is this a talk of war between two forces that, you know, want you to be -- I'm better than you, and you cannot -- I mean, come on, guys. This is only -- what else -- Mr. City Attorney, what else you want in the resolution so we cannot -- we don't have to change the whole Charter of the City ofMiami with lengthy debates, so two people are just add to a e-mail (electronic mail) list or a phone call away? Mr. Fernandez: Mr. Chairman, I can certainly sense the direction of the Commission by the way that at least three of you have expressed yourselves. I have a title of a resolution. I think the record is replete by having forced the issue into level of discussion that makes it very clear where this Commission is coming from with regard to limiting the role that the CIP would have or could have or might have, you know, because these are all suppositional statements that would be in conflict with the exercise of law enforcement. I propose to you a resolution that reads, by title, a resolution of the Miami City Commission directing the City Manager to include the Civilian Investigative Panel on the list of those notified for shootings involving the Miami Police Department, period, and let the rest of the debate that's taking place here today be guiding remarks for the CIP. Mr. Handfield: And just for the record, that was the request of the Civilian Investigatory [sic] Panel from the very beginning. I just want the record to be clear that was the request. Chairman Gonzalez: Is the proponent of the resolution -- Commissioner Regalado: Absolutely. Chairman Gonzalez: -- in agreement? Commissioner Regalado: I move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Commissioner Sarnoff Sec -- Commissioner Spence -Jones: We already second. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. DISCUSSION ITEM City ofMiami Page 33 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 QUESTION TO ADDRESS THE APPOINTMENT OF THE MIAMI-DADE COUNTY PROPERTY APPRAISER BEFORE THE ELECTORATE DURING A FUTURE COUNTYWIDE SPECIAL ELECTION. DISCUSSED Direction by Commissioner Regalado to the City Attorney to bring back in January draft wording for a non -binding straw ballot question to address the appointment of the Miami -Dade County property appraiser should there be another Miami -Dade County election for Mayor, or for the municipal election in November 2007 in Miami. Chairman Gonzalez: D4.2. Larry Handfield: Thank you. Commissioner Regalado: Mr. Chairman, the -- we had, in the past, placed in the ballot the issue of the Miami -Dade property appraiser, and we have a special election on January 23, but I had spoke to Lester Sola, the Supervisor of Elections in Miami -Dade County. They do need like 60 days to program the municipal machines, so this would not be able to get into the special election, even if the Commission agreed. The only purpose of this being on the blue page is for us to tell the City Attorney to start working and bring back, in the future, in -- maybe in January, a draft of awarding just in case that there is another Dade County election - - special election for the Mayor's race in Miami -Dade County, or the municipal election in November of 207 [sic] in the City ofMiami. That's the only intent of this item here, just to ask the City Attorney to do more research, because the Hialeah ballot language was challenged also, by the way, by the same law firm in Broward, and they are now in the appeals court, and if they prevail, the model could be the Hialeah one, which is also a straw ballot. Mind you, the issue that they were taking to court was because it said "straw ballot" instead of "non -binding question, " so this is not need any action from the Commission, nor a debate; just to request that the City Attorney continues researching this. Chairman Gonzalez: Thank you. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 34 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 SPECIALLY SCHEDULED ITEMS SS.1 06-02215 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), Clerk ACCEPTING THE ATTACHED CITY CLERK'S OFFICIAL CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON NOVEMBER 7, 2006 FOR THE ELECTION OF COMMISSIONER DISTRICT 2. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0714 Chairman Gonzalez: All right. Let's go back to SS.1. It's accepting the official certification of the -- of November 7, 2006 special election for District 2. Do we have a motion? Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. SS.2 06-02070 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), Clerk ACCEPTING THE ATTACHED CITY CLERK'S OFFICAL CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL RUNOFF ELECTION HELD ON NOVEMBER 21, 2006 FOR THE ELECTION OF COMMISSIONER DISTRICT 2. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0715 Chairman Gonzalez: We also -- SS.2 have accepting the official certification of the -- of November 21, 2006 runoff election results. Vice Chairman Sanchez: So moved, Mr. Chair. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 35 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Well -- and I -- Chairman Gonzalez: Now -- Vice Chairman Sanchez: -- want to take the opportunity officially welcome Commissioner Sarnoff to the Commission, and the beauty about this great country of ours, that we live in a democratic process, which really works and I know you're here and you're going to do what's best for the citizens ofMiami, and I certainly look forward to working with you and this Commission and the Administration for the sake of the people who vote for us, so congratulations to you and your lovely wife and the City ofMiami. Commissioner Sarnoff Thank you. Appreciate that. Commissioner Spence -Jones: I just want to also add congratulations and welcome aboard. As you know, we share -- we actually abut each other in my district, so I look forward to working with you on several parks in my district and doing combined efforts with you to make sure that citizens of District 5 and District 2 win together, so welcome aboard, and I look forward to working with you also. Commissioner Sarnoff Thank you, Commissioner. Chairman Gonzalez: All right. I already gave you the welcome this morning. Commissioner Sarnoff Yes, you did. Chairman Gonzalez: First thing in the morning, I said "welcome" -- Commissioner Sarnoff Everybody has been very gracious. Chairman Gonzalez: -- to the Commission, welcome to the City. It's going to be a great pleasure working with you. City ofMiami Page 36 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PH.1 06-02145 Department of Public Facilities PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY -OWNED PROPERTY LOCATED AT 3801 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO ELECTRA TWO, LLC., A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURCHASE PRICE OF TWENTY-ONE THOUSAND ONE HUNDRED AND TWENTY-FIVE DOLLARS ($21,125.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0716 Direction by Commissioner Spence -Jones to the City Manager to direct the Planning staff to meet with the neighborhood associations in the area of the project to work together to reach an agreement on the project design. Chairman Gonzalez: All right. Let's go to PH.1. Laura Billberry (Director): Good morning. PH.1. Lori Billberry, Public Facilities. This is a resolution to declare surplus and sell a property at 3801 Northeast 1st Avenue to Electra II. It is a small parcel of 325 square feet, and the sale price is $21,125. In accordance with the City Charter, this is a sell to an adjacent owner, and it is under 7,500 square feet. It is exempt from the Charter provisions and can be conveyed to the Electra II Corporation. I do have here with me a representative from Electra II, Danny Tantleff, if you have any questions of him. Commissioner Spence -Jones: Is this -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- a public hearing? Vice Chairman Sanchez: Before we do that, this resolution is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing -- yes, ma'am, you're recognized. Nina West. I don't know your address, but I know your name. Nina West: Nina West, and in this case, I'm -- Vice Chairman Sanchez: Address. Ms. West: -- going to use the address in Buena Vista, which is 175 Northeast 43rd Street, and City ofMiami Page 37 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 I'm afraid that the head of our organization is in the bathroom, but (UNINTELLIGIBLE) has come prepared to speak, but we wish to support the developer in acquiring this piece of property, since he has agreed to do the artwork, and he will stand up and say so, and we would like him to put that on the record. Vice Chairman Sanchez: Sir, you've been called to the podium to put it on the record. Please state your name and address, and what you want to put on the record. Daniel Tantleff Thank you very much. Good morning, Commissioners. Vice Chairman Sanchez: Good morning. Mr. Tantleff Danny Tantleff, 9508 Barletta Winds Point in Delray Beach, former Mayor of Bal Harbour; used to be a pleasure sitting on this side. It's much more enjoyable on your side, so thank you for your service. We're just here today -- if you remember, we were here with Electra and Electra II, and we had the pleasure of coming to an agreement with a global settlement with the neighbors, and we are going to work with Commissioner Spence -Jones on the gateway project for Electra, and also everything that we agreed to in the resolution, including artwork for Electra II that may be in a resolution, but I think Wendy mentioned that it may not be in the Class II. We're going to abide by everything that this Commission passed. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Thank you so much. Mr. Tantleff Thank you. Vice Chairman Sanchez: Pleasure to see you again. Mr. Tantleff You too. Vice Chairman Sanchez: All right. The public hearing is closed; coming back to the Commission. Commissioner Spence -Jones: I just -- Mr. Chairman. Vice Chairman Sanchez: Could we have a motion and a second for -- Commissioner Spence -Jones: Oh. Vice Chairman Sanchez: -- the purpose of discussion? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Motion is made by Commissioner Spence -Jones -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- second by Commissioner Sarnoff. Open for discussion. Commissioner Spence -Jones: Yeah. I just have one little comment, and I'm glad to see -- thank you, Lori, for working hard to make sure the key people got together, but this is what it's about. It's making sure that when projects come in areas, we work with neighborhoods, and when we make commitments, we fulfill them. I, as the representative for the folks that live in my district, City ofMiami Page 38 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 have a responsibility to them, so I want to thank the developer from Electra II and I for their commitment and their promise to do what they said that they were going to do in the beginning, so I would also ask that Mr. City Manager, I know that they have already submitted some sort of plans or concepts for Electra I, but unfortunately, the neighborhood has not been involved in what those plans were, so I'm going to direct you, please, to have the Planning staff to get along with -- to have a meeting along with the neighborhood associations to -- in that particular area to make sure that there is an agreement on what has to happen there. Can't just be the builder -- the developer putting what they want; has to be what the neighbors want to see happen there. Pedro G. Hernandez (City Manager): Yes, Commissioner. I believe that we are part of that process. We also have to be involved in the review together with the associations to make sure that the covenant is fulfilled. Vice Chairman Sanchez: All right. It is a resolution. Madam Clerk, it has a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.2 06-02148 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, AT NO COST TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, THE FOLLOWING FOUR (4) PARCELS OF LAND TO BE USED FOR TRANSPORTATION PURPOSES: PARCEL 1, LOCATED AT 503 NORTHWEST 7TH AVENUE, PARCEL 2, LOCATED AT 472 NORTHWEST NORTH RIVER DRIVE, AND PARCEL 3, LOCATED ON THE SOUTHWESTERLY APPROACH TO THE NORTHWEST 5TH STREET BRIDGE, CONTAINING AN AGGREGATE AREA OF 5,701 SQUARE FEET MORE OR LESS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, COLLECTIVELY REFERRED TO AS PARCEL 103.1, SUCH CONVEYANCE TO BE BY CITY DEED; IN ADDITION, PARCEL 4, LOCATED AT 470 NORTHWEST NORTH RIVER DRIVE, CONTAINING AN AGGREGATE AREA OF 2,421 SQUARE FEET MORE OR LESS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, REFERRED TO AS PARCEL 103.2, SUCH CONVEYANCE TO BE BY QUITCLAIM DEED; FURTHER AUTHORIZING THE CITY MANAGER TO GRANT A TEMPORARY EASEMENT FOR THE RIGHT TO USE APPROXIMATELY 3,761 SQUARE FEET MORE OR LESS OF SUBMERGED LAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED, REFERRED TO AS PARCEL 702, FOR A PERIOD BEGINNING WITH THE DATE OF EXECUTION OF SUCH TEMPORARY EASEMENT AND CONTINUING UNTIL COMPLETION OF THE PROJECT, BUT NOT TO EXCEED ONE YEAR, TO FACILITATE THE MOVING OF CONSTRUCTION EQUIPMENT DURING THE REPLACEMENT OF THE BRIDGE AND THE ASSOCIATED ROADWAY IMPROVEMENTS IN CONNECTION WITH THE NORTHWEST 5TH STREET BRIDGE RECONSTRUCTION PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CONVEYANCE DOCUMENTS, IN City ofMiami Page 39 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 SUBSTANTIALLY THE ATTACHED FORM, AND ALL ADDITIONAL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCES. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0717 Vice Chairman Sanchez: And we move on to public hearing number 2. Laura Billberry (Director, Public Facilities): Item PH 2 is conveyance of certain parcels next to the 5th Street Bridge II, FDOT (Florida Department of Transportation), and also allowing them to have a construction easement adjacent to those parcels. There is no cost in the conveyance to FDOT, and for your information, the Miami River Commission has approved these conveyances. Additionally, the Miami River Commission has approved the 5th Street Bridge project, and FDOT has also informed us that Mr. Barreiro from FDOT has met with the Spring Garden Homeowners' Association and they're also OK with it. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: All right. This resolution is a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Hearing none, seeing none, the public hearing is closed; coming back to the Commission. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Spence -Jones, second by Commissioner Regalado. The item is under discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.3 06-02151 RESOLUTION Department of Public Facilities A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION ("BELLSOUTH"), OF A SIX (6) FOOT WIDE STRIP BY APPROXIMATELY TWO THOUSAND EIGHT HUNDRED TWENTY FIVE (2,825) FEET RUNNING EAST/WEST, AND A SIX (6) FOOT WIDE STRIP BY APPROXIMATELY ONE HUNDRED TWENTY NINE (129) FEET RUNNING NORTH/SOUTH UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT, City ofMiami Page 40 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION FACILITIES, ASSOCIATED WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0718 Vice Chairman Sanchez: And we move on to PH.3. Laura Billberry (Director, Public Facilities): If I may, I would like to discuss items PH.3 through PH.9 collectively, as they are all related -- Vice Chairman Sanchez: All right. Ms. Billberry: -- to easements on Watson Island. Vice Chairman Sanchez: We'll -- PH.3 through 9? Ms. Billberry: Yes. Vice Chairman Sanchez: All right, so we'll take up PH.3 through 9; they're all related to the same item. You're recognized for all the items. Ms. Billberry: OK, thank you. At this time, the City is in the process of platting a portion of Watson Island that lies south -- southerly of the McArthur Causeway, and that plat was approved by the Commission back in October. As a part of the plat process, the various utility companies must sign off on the plat. As they have existing utilities on the island, in lieu of having us plat the easements, they are allowing us to instead execute an easement with them, so as development on the island takes place and we must modify the location of those utilities, we can then just modify the easement as opposed to having to replat, which is a much lengthier and costlier process. More specifically, PH.3 is an easement to BellSouth for communication facilities that run down the old AlA. PH.4 is an easement to FP&L (Florida Power & Light) to service the parking lot on that south side of the island. PH.5 is an FP&L easement to service the Children's Museum. PH.6 is an FP&L easement that runs down the old AIA. PH. 7 is an FP&L easement which services some of the facilities on the north side of McArthur Causeway, as well as continuing to service the beach areas. PH.8 is an easement to the County Water and Sewer Department for sewer facilities, and PH.9 is an easement to Water and Sewer for underground waterlines. Vice Chairman Sanchez: All right. This is a resolution, item PH.3 through 9. It's a public hearing. Anyone from the public wishing to address these items, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioners. No discussion on PH.3 through 9, then we'll go through PH.3. Is there a motion? Jorge L. Fernandez (City Attorney): Well, Mr. Chairman, as long as you instruct the City Clerk that she needs to record these as separate and individual votes, and if there is -- Priscilla A. Thompson (City Clerk): Understood. Mr. Fernandez: -- no -- City ofMiami Page 41 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Thompson: Understood. Mr. Fernandez: I'm sorry? Ms. Thompson: No. We understand that. Vice Chairman Sanchez: They understand. Mr. Fernandez: Oh, all right, so -- Ms. Thompson: They stated that the discussion was on all of them, but we know we have to vote individually on each resolution. Mr. Fernandez: Well, I was trying to suggest that if the vote is going to be consistent, you may take one vote and instruct her to reflect each of the individually. Vice Chairman Sanchez: I'd rather vote on them independently, so is there a motion on PH3? Commissioner Sarnoff Yes, so move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff. Second -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Regalado. The item is under discussion. Hearing no discussion on the resolution, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.4 06-02152 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, ("FPL"), OF A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY ONE HUNDRED EIGHTY THREE AND SEVEN ONE HUNDREDTH (183.07) AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 42 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 R-06-0719 Vice Chairman Sanchez: And we move on to PH4. Motion by Commissioner -- Commissioner Sarnoff So moved. Vice Chairman Sanchez: -- Sarnoff. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. No discussion on the item. Commissioner Spence -Jones: No. I just -- Vice Chairman Sanchez: All -- Commissioner Spence -Jones: -- have one comment, though -- Vice Chairman Sanchez: Oh. Yes. Commissioner Spence -Jones: -- Mr. Chairman. Vice Chairman Sanchez: You're recognized. Commissioner Spence -Jones: I just wanted to -- and again, I understand that this has really nothing to do with FP&L (Florida Power & Light), but I need to put it on the record, and I want to make sure -- and they did call me back yesterday, Lori, and I'm very thankful for that, but they really need to do better in my district. All of these exposed substations in Overtown is out of control, so I don't know if anybody's here from FP&L, but they've been making promises for the last year to me that they were going to provide coverage of those exposed substations in the heart of Overtown and it has not happened yet. I have a whole row of new Habitat houses over there and they have to look at those substations, so I'm asking you to continue to work with them to make sure that they live up to their promise and their commitment to not only me, but to the residents of my district. That's all I ask. Vice Chairman Sanchez: All right. PH 4, All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.5 06-02155 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, ("FPL"), OF A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY FOUR HUNDRED SEVENTY FOUR AND THIRTY-TWO ONE HUNDREDTH (474.32) FEET RUNNING NORTHEAST/SOUTHWEST UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND City ofMiami Page 43 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 MAINTENANCE OF ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0720 Vice Chairman Sanchez: And we go to PH.5. Motion is made by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Any discussion on the item? No discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.6 06-02156 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, ("FPL"), OF A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY TWO THOUSAND FORTY SEVEN (2,047) FEET RUNNING EAST/WEST TO BE RELOCATED AND BURIED IN THE FUTURE AS REQUIRED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0721 Vice Chairman Sanchez: We go to PH.5 [sic]. It's a resolution. There's a motion by Commissioner Sarnoff. There's a second -- City ofMiami Page 44 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Priscilla A. Thompson (City Clerk): PH.6. Commissioner Regalado: PH.6 Vice Chairman Sanchez: I'm sorry. PH.6, I stand corrected. Motion by Commissioner Sarnoff. Commissioner Sarnoff There is. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. No further discussion on PH.6. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.7 06-02157 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, ("FPL"), OF A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY NINE HUNDRED EIGHTY FOUR (984) FEET RUNNING EAST/WEST, AND A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY TWO HUNDRED FORTY SEVEN (247) FEET RUNNING NORTH/SOUTH UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0722 Vice Chairman Sanchez: We go to PH.7. Motion by -- Commissioner Sarnoff Um -- Vice Chairman Sanchez: -- Commissioner Sarnoff. Commissioner Sarnoff Sarnoff. Vice Chairman Sanchez: Second by -- City ofMiami Page 45 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: Regalado. Vice Chairman Sanchez: -- Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.8 06-02158 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD"), OF APPROXIMATELY FIFTEEN (15) FOOT WIDE BY TWO THOUSAND EIGHT HUNDRED SIXTY SEVEN (2,867) FOOT STRIP RUNNING EAST/WEST AND A FIFTEEN (15) FOOT WIDE STRIP BY APPROXIMATELY FOUR HUNDRED SEVENTY SIX (476) FOOT RUNNING NORTH/SOUTH, SEWER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0723 Vice Chairman Sanchez: And it go to PH 5. Motion on PH.8. Commissioner Spence -Jones: PH 5? Commissioner Regalado: 7, 7, 7, 7. Priscilla A. Thompson (City Clerk): PH (Public Hearing) -- Vice Chairman Sanchez: PH.8. Commissioner Spence -Jones: Wake up. Commissioner Regalado: 7, 7. Ms. Thompson: 8. Commissioner Sarnoff 8, 8, 8. City ofMiami Page 46 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: 8. Ms. Thompson: 8. Commissioner Spence -Jones: 8. Commissioner Regalado: Oh, 8? Vice Chairman Sanchez: For the record, PH.8. Is there a motion? Commissioner Sarnoff Yes. So move. Vice Chairman Sanchez: Motion by Commissioner -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Sarnoff, second by Commissioner Spence -Jones. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. "Motion carries. PH.9 06-02159 RESOLUTION Department of Public Facilities A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD"), OF APPROXIMATELY FIFTY-ONE (51) FOOT WIDE STRIP BY APPROXIMATELY TWO THOUSAND SEVEN HUNDRED FORTY FIVE (2,745) FOOT STRIP RUNNING EAST/WEST THE ENTIRE LENGTH OF THE SOUTH SIDE OF WATSON ISLAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0724 Vice Chairman Sanchez: The last one, PH.9. Motion by -- Commissioner Sarnoff Commissioner Sarnoff. City ofMiami Page 47 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: -- Commissioner Sarnoff. Second by Commissioner Regalado. He said yes. Commissioner Regalado: Yes. Vice Chairman Sanchez: No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.10 06-02161 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF WATER EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("GRANTEE"), FOR THE PURPOSE OF GRANTING GRANTEE THE RIGHT TO USE APPROXIMATELY A 12-FOOT WIDE WATER EASEMENT, AT THE PROPERTY KNOWN AS BAYFRONT PARK, LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AS A WATER EASEMENT, SUBJECT TO BAYSIDE CENTER LIMITED PARTNERSHIP, A MARYLAND LIMITED PARTNERSHIP ("BAYSIDE"), EXECUTING A JOINDER TO THIS WATER EASEMENT. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0725 Vice Chairman Sanchez: And we go to PH.10. Commissioner Sarnoff That's been with -- Laura Billberry (Director, Public Facilities): OK. PH.10 -- enough of them, huh? Vice Chairman Sanchez: Trying to make up some time here. Ms. Billberry: This is authorizing the grant of a water easement -- Commissioner Sarnoff Do you also do parties? Ms. Billberry: Sorry. This is a grant -- authorizing the grant of a water easement to Dade County Water and Sewer Department. This is an approximately 12 foot wide water easement that is servicing Bayfront Park, and it also abuts the Bayside Specialty Center. It is an existing easement. It just had not been conveyed in the past, and this will correct the records, and Bayside will be required to join in on this as a consent to their easement. Vice Chairman Sanchez: All right. PH.10 a resolution. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, Madam Clerk, the public hearing is closed, coming back -- City ofMiami Page 48 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 10:30 A.M. PH.11 06-02120 Department of Community Development Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: -- to the Commission. There's a motion by Commissioner Spence -Jones, second -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Regalado. No discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. "Motion carries. A sign language interpreter translated discussion of items PH.11 - PH 15. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") CLOSE OUT FUNDS, IN THE AMOUNT OF $585,609.93, AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT - HOPWA LONG TERM RENTAL ASSISTANCE PROGRAM FOR THE 32ND PROGRAM YEAR BEGINNING OCTOBER 1, 2006. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0709 Chairman Gonzalez: Now we need to go to the 10:30 time certain items. PH.11. Barbara Gomez -Rodriguez: Good morning. Barbara Gomez -Rodriguez, director of the Department of Community Development. PH.11, we're requesting the transfer of our 30th year HOPWA (Housing Opportunities for Persons with AIDS) closeout funds in the amount of 585, 609.93 to be transferred to this year's HOPWA long-term rental assistant program, beginning October 1, 2006. Chairman Gonzalez: All right. This item requires a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion and a second. Commissioner Spence -Jones: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 49 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PH.12 06-02121 Department of Community Development Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 31ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CLOSE OUT FUNDS, IN THE AMOUNT OF $50,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT -DISTRICT TWO ECONOMIC DEVELOPMENT -UNALLOCATED ACCOUNT, FOR THE 32ND PROGRAM YEAR BEGINNING OCTOBER 1, 2006. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.13 06-02162 Department of Community Development R-06-0710 Chairman Gonzalez: PH.12. Barbara Gomez -Rodriguez (Director, Community Development): PH.12, we're requesting the transfer of $50,000 of a contract that was not executed by Urban Development Corporation, and to be transferred to District 2 economic development unallocated account for the 32nd year program year. Chairman Gonzalez: All right. This is -- Vice Chairman Sanchez: Public hearing. Chairman Gonzalez: -- a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $325,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST FUND; ALLOCATING SAID FUNDS, IN THE FORM OF A BRIDGE LOAN, TO ALLAPATTAH COMMUNITY ACTION, INC., TO COVER PRE -DEVELOPMENT COSTS FOR THE ALLAPATTAH COMMUNITY HOUSING PHASE II PROJECT, WHICH WILL PROVIDE SEVENTY-NINE City ofMiami Page 50 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 HOUSING UNITS FOR THE ELDERLY IN THE ALLAPATTAH AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY LOAN DOCUMENTS WITH ALLAPATTAH COMMUNITY ACTION, INC., FOR SAID PURPOSE. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.14 06-02165 Department of Community Development R-06-0711 Chairman Gonzalez: PH 13. Barbara Gomez -Rodriguez (Director, Community Development): PH 13, this was a direction by the City Commission and it was approved at the October 12 Commission meeting, and it was to award $325, 000 on a loan, zero percent interest, with a balloon payment on August 1, 2007 to the Allapattah Community Action for a 202 housing project that was awarded dollars from HUD (Department of Housing and Urban Development), so this is just a bridge loan and it is a loan. It will be paid in full by October 1, 2007. Chairman Gonzalez: All right. Vice Chairman Sanchez: So moved. Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: For the record, the public hearing was closed. Chairman Gonzalez: The public hearing was closed, that's correct. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $35,220, FROM THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING; ALLOCATING SAID FUNDS, TO AN ACCOUNT ESTABLISHED FOR THE ALTERNATIVE PROGRAMS, INC., INCREASING THE ALTERNATIVE PROGRAMS, INC.'S CONTRACT AMOUNT FROM $185,000 TO $220,220, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE, AND ANY OTHER NECESSARY DOCUMENTS; FURTHER AUTHORIZING THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO DISBURSE PAYMENTS TO THE VENDORS ON BEHALF OF ALTERNATIVE City ofMiami Page 51 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PROGRAMS, INC. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0712 Chairman Gonzalez: PH.14. Barbara Gomez -Rodriguez (Director, Community Development): PH.14, we've been doing some rehab work at The Alternative school. The City Commission approved on September 12, 2006, $185, 000. We are completing the work, and we are -- we need to request additional funding in order to complete the rehab of the building, and we are currently requesting in this resolution 35,220. We would like to amend that on the floor to 55,220. It will come out from the same account, which is an account that was awarded to them, which was for City ofMiami Department of Off -Street Parking to do some parking on the premises, so basically, that's -- we will be taking the money away from the City ofMiami Department of Off -Street Parking and completing the work of this school. Commissioner Spence -Jones: I just -- oh, can I -- Chairman Gonzalez: All right. This item requires a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: Mr. Chairman, I just -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- wanted to say one quick thing. I know that Georgia Ayers was not able to participate or attend. She had -- actually was here, but she had to leave earlier, but as you know, this is something that she's been working on for a very long time, and unfortunately, those dollars, correct Barbara, was to go to at least expanding the parking, but once they got in, they realized that they could not do the kind of parking that was necessary, correct? Ms. Gomez -Rodriguez: Correct. Commissioner Spence -Jones: There were some issues. Ms. Gomez -Rodriguez: Correct. Commissioner Spence -Jones: So this is not us taking money from any other sources. This money's already allocated to her in the alternative program anyway, correct? Ms. Gomez -Rodriguez: Right. That's a correct -- Commissioner Spence -Jones: All right. Ms. Gomez -Rodriguez: -- statement. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. City ofMiami Page 52 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PH.15 06-02184 Department of Community Development Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CLOSE OUT FUNDS, IN THE AMOUNT OF $70,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO TARPUN BAY USA, INC., FOR COMMERCIAL REHABILITATION AND THE CREATION OF SIX (6) JOBS FOR RESIDENTS OF LITTLE HAITI/ DISTRICT 5 AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH SAID AGENCY, FOR SAID PURPOSE. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0713 Barbara Gomez -Rodriguez (Director, Community Development): PH -- Chairman Gonzalez: PH.15. Ms. Gomez -Rodriguez: -- 15, we are requesting the transfer of some closeout funds to Tarpun Bay for $70, 000. At the last Commission meeting, we had deobligated the $70, 000 from Tarpun Bay. This is a rehab to a business. They came to the City Commission, and the City Commission agreed that when they were ready to move forward on the rehab of their business, that the money would be available. We have gotten information from Tarpun Bay that they're ready to proceed, so we are requesting that the money be transferred to Tarpun Bay. The dollars are coming from the Allapattah Business Development Authority 29th year closeout of $2,500; City ofMiami NET (Neighborhood Enhancement Team) office, $3,957 closeout of their 30th year funding; Spring Garden Civic Association closeout, 35,000; City ofMiami CD (Community Development), 28,543. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on the item, please come forward. Leroy Jones: Hello. Good morning. Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. I'd like to thank the City for working with Tarpun Bay on this project, and NANA (Neighbors and Neighbors Association) is committed to helping Tarpun Bay and the City with anything that we can do on a technical part to help make this come to a reality. I'd like to thank this Commission and hope that you would please consider the recommendation of City staff. Chairman Gonzalez: Thank you. Anyone else? Mr. Jones: The -- I know the owners is on they way. I beat them here because, you know -- City ofMiami Page 53 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: It's OK. Mr. Jones: -- they small business owner, so they had to wait until the people come in to work so that they can leave, but they on they way. I just got off the phone with them, but don't know ify'all want to defer it till -- Vice Chairman Sanchez: No. Mr. Jones: -- they get here or -- Commissioner Spence -Jones: No, no. No. Let's go -- no, I don't want to defer it, Leroy. Is the public hearing closed? I just have a comment afterwards. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I'm going to go ahead and move the item. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: OK. Chairman Gonzalez: all right. We have a motion and we have a second. Commissioner Spence -Jones: I just want to make a comment. Mr. Jones -- Mr. Jones: Yes. Commissioner Spence -Jones: -- I really want to make sure -- I know that this project has been something that's been lingering for a very long time, and I know at one time it was moving and then it stopped, but I'm glad to know that you're committed to make sure that they follow through, because any dollars that have left sitting on the table in my district for businesses is a problem, so they have about -- I think we talked about six months to get it going -- Ms. Rodriguez -Gomez: We had -- Commissioner Spence -Jones: -- but I just want to be very clear, you know -- I'm glad you're in the mix of it, but the project has to move, because businesses call me everyday needing support. Not -- you don't have to make a comment. I just want to make sure that we're on the same page. Mr. Jones: Commissioner, I just want to say that agree with you 100 percent, but a lot of times with new projects that never ventured into doing or getting assistance from government, it's a learning process for them -- Commissioner Spence -Jones: Yes. Mr. Jones: -- and I think what happened was I'm sure that if they would have came to me -- because we the one help them get approved for it -- Commissioner Spence -Jones: Right. Mr. Jones: -- but if they would have continue with the support, then we wouldn't be here. Commissioner Spence -Jones: Right. City ofMiami Page 54 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Jones: We would have resolved this issue, but -- Commissioner Spence -Jones: Right. Mr. Jones: -- a lot of times they often feel that they can do it themselves, and I commend them if they can do it themselves, but then it falls into the process like (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Yeah. Mr. Jones: -- and we end up being where we at right now, so -- Commissioner Spence -Jones: OK. Mr. Jones: -- it's a learning process for them, and I'm sure now they understand how important it is that they get the assistance, because the City pay us to help them free -- Commissioner Spence -Jones: Yeah. Mr. Jones: -- so it don't cost them nothing -- Commissioner Spence -Jones: Right. Mr. Jones: -- so I'm sure they understand that now, so I'm sure that we can move forward with this process, and I'm not a person that like stuff to linger myself you know. I like to see the paint hit the wall, so you know, I'm -- Commissioner Spence -Jones: Thank you. Mr. Jones: -- I'm committed to it, and I thank you all for considering -- Commissioner Spence -Jones: Thank you, Mr. Jones -- Mr. Jones: -- all right. Commissioner Spence -Jones: -- and I'm glad they called you. Mr. Jones: All right. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Let the record reflect that it was unanimous. Ms. Gomez -Rodriguez: Thank you. City ofMiami Page 55 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 EM.1 06-02206 ORDINANCE Office of the City Attorney ORDINANCE - EMERGENCY First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-1, TO ADD A DEFINITION OF "EXEMPT GOVERNMENT PROPERTY, " AND AMENDING SECTION 54-6.2(A), TO REQUIRE A PERMIT FOR AN ASSEMBLY AT AN EXEMPT GOVERNMENT PROPERTY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado A motion was made by Commissioner Regalado to deny Item SR.1 and it died for lack of a second. Commissioner Spence -Jones: Mr. Chairman, so are we going to get EMI [sic] out of the way - - EM.1 out of the way? Chairman Gonzalez: Yes. I called EM.1. It's an emergency ordinance. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: OK. Chairman Gonzalez: Anyone here from the Administration on EM.1.2 Mr. City Manager. Jorge L. Fernandez (City Attorney): Yeah. This is -- Commissioner Regalado: I would move to reject EM.1. Commissioner Spence -Jones: Which one, EM.1? Chairman Gonzalez: All right. We have a motion to deny -- Commissioner Spence -Jones: EM.1? Chairman Gonzalez: -- EM.1. Commissioner Regalado: EM.1, E, emergency. Vice Chairman Sanchez: Well, hold on. Commissioner Spence -Jones: Oh, emergency. Chairman Gonzalez: EM.1. Vice Chairman Sanchez: Wait, wait. City ofMiami Page 56 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: Are we dealing with DM.1 [sic] or EM.1 ? Commissioner Spence -Jones: EM.1. Chairman Gonzalez: EM.1. Vice Chairman Sanchez: Wait a minute. Commissioner Regalado: That's emergency ordinance. Priscilla A. Thompson (City Clerk): Yes. Mr. Fernandez: It's an emergency ordinance being brought to you by your City Attorney. Commissioner Spence -Jones: Mr. City Attorney, can you tell us -- can you give us -- before we -- Mr. -- Commissioner Regalado, can we hear from the -- Vice Chairman Sanchez: Wait a minute. Commissioner Spence -Jones: -- City Attorney first on -- Chairman Gonzalez: No. Commissioner Regalado -- Commissioner Spence -Jones: -- why it was --? Chairman Gonzalez: -- already made a motion -- Commissioner Regalado: Oh, I made a motion. Chairman Gonzalez: -- on the item -- Commissioner Regalado: I don't have a second. Chairman Gonzalez: -- denying the -- Commissioner Regalado: I would listen to him very gladly; he won't change my mind, though. Commissioner Spence -Jones: OK. Chairman Gonzalez: But we need to establish -- Commissioner Spence -Jones: You sure? Chairman Gonzalez: -- some order here because -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- you know, I mean, we can work at this. Commissioner Spence -Jones: OK. Chairman Gonzalez: The Commissioner already made a motion -- City ofMiami Page 57 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Yes, sir. Chairman Gonzalez: -- to deny, all right. Let's see if he has a second. If he doesn't have a second, then, you know, we'll let the City Attorney -- if he has a second, then we need to take a vote, and if every -- if there are three vote against it, that's it, that's it; the ordinance is kill, so there is a motion denying EM.1. Is there a second? There is no second, so now, Mr. City Attorney, would you -- Mr. Fernandez: Thank you, Mr. Chairman. Chairman Gonzalez: -- please explain the ordinance to the rest of the Commission? Mr. Fernandez: After several, perhaps, hundreds of thousands of dollars of your constituents', taxpayers' money being used to defend the City's assembly ordinance because of challenges that, over the years, repeatedly have been made against it, it behooves me to bring to your attention corrections that need to be made to that ordinance from time to time as those who would seek to challenge the City consistently would -- and take it to court -- do, and show to us ways in which the ordinance needs to be tightened; specific regulations more clearly articulated, so that everyone, your public, your constituents, will have a clear understanding with greater predictability of what the ordinance that controls their lives actually say. Here we have a situation where we have an ordinance that regulates all the parades and all of the demonstrations and that imposes permit requirements and limitations as the time and place and duration of events, and the like, but in this ordinance, we never contemplated the use by anyone who wanted to protest City vacant lands, so we have -- we're recommending to you that in order for us to be able to sustain a challenge to enforcing any individual -- group of individuals, congregating, assembling, conducting any type of activities on City vacant lands, our existing ordinance doesn't have the teeth to effectively do that. We evict them; we take them out; we put them out; whatever we do, and at the end of the day, we end up in court with the ACLU (Americans Civil Liberties Union). Our ordinance has an infirmity existing on it already, which is what I'm bringing to you to cure, which is to include in the ordinance a provision that deals with exempt property, and still allows people to, if they pull a permit, still demonstrate, but certainly does not allow them to establish living, habitable quarters on those premises, so I strongly urge you to exercise your fiduciary, fiscal responsibilities and to help me have ordinances that are enforceable and clear to everyone. That's why I'm bringing you this emergency ordinance. Chairman Gonzalez: All right. This ordinance require a public hearing. Anyone from the public that wants to speak on this item, please come forward. Yes, ma'am. You want to speak on the item? Grace Solares: Yes, I do, sir. Chairman Gonzalez: Go ahead. Ms. Solares: My name is Grace Solares, from the Roads Association. Some years ago, 1996, we, the taxpayers ofMiami, had to pay $600, 000 because of a lawsuit that was brought by the ACLU as to the way that the homeless was treated. I am thinking, from what he just said right now, that this has to do with the squatters issue on the northwest section? Unidentified Speaker: Of course. Ms. Solares: If it is, he utilized some words a little bit -- a little while ago, saying you're going to go into a slippery slope if you do this, having to refer to something else. I have to tell you, just read two -- five lines from Judge Atkins at that hearing, and he found that a vagrancy law City ofMiami Page 58 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 to be uncon -- constitutionally invalid at that time. The Florida Supreme Court stated that a vagrancy statue [sic], even if facially valid, should not be applied to innocent victims of misfortune, who appear to be vagrants, and who are not such either by choice or intentional conduct. He went on to say it is simply not a crime to be unemployed without funds and in a public place. To punish the unfortunate to this circumstances debases social justice. I've said this to you now because if what you're creating or attempting to create now is legislature [sic] aimed at a specific class of society, you're going to have a problem, because the law in the United States ofAmerica does not allow that, but let me further go on to say, if you read at the proposal -- that the proposed language that they have here -- mind you, the ACLU gets a copy of this thing, they're going to have a problem with you. The proposed language that you have here today is to amend that by saying, exempt government property means any government property. I want you to remember that, any government property, and then on the second page, under 54-6.2, it says -- and this is being amended as well -- scope of assembly. No assembly means a gathering of people, no protest, a gathering of people. That's the meaning of assembly -- of 50 or more persons shall occupy outdoors any public right-of-way, any park -- and this is the important part -- or any nonexempt government property, building, or grounds, and no assembly -- a group of people -- of any number of persons shall occupy any street or exempt government property, so they're covering here exempt government property and nonexempt government property, and if you look at the beginning of the "whereas, " where it says the United States ofAmerica has recognized the right of local government entities to enact reasonable time, place, and manner, restrictions, related to protected speech. Well, you're talking about my protested [sic] speech. You're talking about my neighbors' protected speech, because under this scenario of page 2, I cannot ask my Roads Association, or the people from the Grove on the Home Depot section cannot come to this place, because this is either protected or nonprotected government structure -- unless we ask for a permit, so if we come today here, 51 individuals of the Roads, ofMorningside, of Silver Bluff or whatever it is, we're going to have to ask the Chief of Police for a permit to come here, because it's an assembly in excess of 50 people in a public -- or in an exempt or nonexempt government, so if you're either trying to (UNINTELLIGIBLE) or going around -- in order to going around and actually get the homeless out of -- with this type of amendment, out of the northwest section, you're going to have a problem with the CL U [sic], because what you're going to require them to do at that point is go get a permit. They're going to have to pay for it, and they don't have any money to eat, so when they're not able to get the permit, you can send the police and get them out, and we're going to have an incredible, incredible problem, and if this has any repercussion on our ability to come and assembly here and having to request a permit from the Chief of Police, Public Works, et cetera, et cetera, you're actually restricting our First Amendment rights. Therefore, Commissioners, this ought not to pass as drafted. Chairman Gonzalez: All right. Ms. Solares: There has to be some other -- I suggest to you, there has to be some other way that the City ofMiami deals with this issue over there instead of creating a specific law to deal with these people, a law that the law says you cannot create for a specific class of people, be homeless, blacks, Hispanics, Chinese, it doesn't matter what it is, so therefore, please, I ask you not to pass this. This is -- this could be a slippery slope ride, as he said before. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: All right. Madam City Clerk, I need to establish time limits on the speakers, as we have always done. I mean, today is getting a little bit out of hand -- Solares: But these are complicated issues -- Chairman Gonzalez: -- so -- City ofMiami Page 59 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Solares: -- and since you sometimes, sir, with all due respect, say you don't understand what he's telling you, I'm trying to put it in simple terms -- Chairman Gonzalez: I understand. I -- Ms. Solares: -- and telling you -- Chairman Gonzalez: -- you're calling me dumb. Ms. Solares: Thank you so much. Chairman Gonzalez: Thank you. Mr. Fernandez: You're welcome. Commissioner Spence -Jones: Mr. Chairman, if you don't mind, I just have a -- I need to just clear up a comment that was made. I want to be clear on it real fast. Currently -- I don't know if it's Mr. Attorney or Mr. Manager has the answer to this. Chairman Gonzalez: I might be Cuban -- Commissioner Spence -Jones: Any -- Chairman Gonzalez: -- but not stupid. Commissioner Spence -Jones: OK. Chairman Gonzalez: For the record. Ms. Solares: I didn't say stupid, sir. Commissioner Spence -Jones: Currently, if -- Chairman Gonzalez: Well, more or less. Ms. Solares: That -- Chairman Gonzalez: You inferred. Ms. Solares: No. The legalistic -- Chairman Gonzalez: You inferred. Ms. Solares: -- things that you said before -- I have -- I saw you on tape the other day. He was explaining or the attorn -- not him, another attorney was explaining something to you, and you said, '7 don't understand that mumbo jumbo." I don't think I said "mumbo jumbo." I just said it very plainly. Chairman Gonzalez: Well -- Ms. Solares: OK. Chairman Gonzalez: -- but I just -- City ofMiami Page 60 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: OK, Ms. Solares. Chairman Gonzalez: -- want to clear the record. Commissioner Spence -Jones: I just have a question. Chairman Gonzalez: I might be Cuban, but not stupid -- Commissioner Spence -Jones: OK. Ms. -- I just have a quick question. Chairman Gonzalez: -- so let me reinforce that, and I might be from the northwest section, but I have a little bit of education, too, OK, even though I represent the poorest people in this city. They also have a right. Ms. Solares: There are poor people in my district, too, sir. Chairman Gonzalez: OK. Yes, sir. Commissioner Spence -Jones: I just -- Mr. -- Chairman Gonzalez: Two minutes, please. Commissioner Spence -Jones: OK. Mr. Chairman, I just have a quick question. Do we not, Mr. Manager or Mr. City Attorney, currently have -- in order to even assemble, don't you have to have a permit anyway? Mr. Fernandez: Of course, you do. Mr. Hernandez: If you allow me, I'll try -- Commissioner Spence -Jones: So doesn't it happen already? Mr. Hernandez: -- to put it in plain words. Commissioner Spence -Jones: Yeah. Mr. Hernandez: Today, today in the City Code, there's a requirement for a permit for assemblies. There is a permit required for outdoor occupation of any public right-of-way, park, building grounds when you have 50 persons or more. Also there is a permit required for any number of people to occupy any street, and those things apply that you can't do it without a permit. In both cases, you need to get a permit. Fifty persons or more at the public right-of-way, park, buildings, et cetera, need a permit. If you are on any street, you need a permit. If it's even one. That applies to the evangelist at a corner giving flyers and preaching, all right. What we're trying to do here is to add a permit. The same way that you require it for an occupation of any person on a street, we want a permit for any person or number of persons occupying a vacant land in the City ofMiami, and I think that we do have a loophole in the Code today that we need to close, and I thank the Attorney for the work that they have done, and as an administrator, it's a tool that I feel I need to use it in appropriate judgment in protecting the residents of the City. Mr. Fernandez: Mr. Chairman. Commissioner Spence -Jones: I mean -- and if I can add -- I mean -- Grace, that's why I wanted City ofMiami Page 61 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 to have clarity, because you made a couple of statements while you were on the mike, you know, stating that currently, you don't -- in order -- let's say the folks from the Roads, if they wanted to come down here to assemble, they would have to have a per -- they currently don't have to have a permit. I just wanted to clear up your statement because, to my understanding, I've been told by everybody since I've been here, I don't care who it is, if they're going to protest on any property, period, City -owned or otherwise, that they need to have a permit in order to do that, so to hear you say that, I'm just -- I'm -- I just needed to have clarity from the City Manager and from the City Attorney as to whether or not that was true, so currently, let's say your folks from the Roads, they want to come down and protest, they do have to have a permit. Mr. Hernandez: And also, this doesn't deal -- Commissioner Spence -Jones: Currently, in the -- currently, what's written now, they have to have a permit. Mr. Hernandez: Commissioner, it's very important to note -- Commissioner Spence -Jones: Yeah. Ms. Solares: Not here. Mr. Hernandez: -- that this doesn't deal with the homeless. This is not any reference to the Pottinger case. Commissioner Spence -Jones: Right. Mr. Hernandez: This deals with any person or number of persons occupying a vacant land. This is not a homeless issue. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: Yes, sir. Commissioner Spence -Jones: He's next. Bruce Reep: Bruce Reep, 3530 East Fairview Street. I just all -- like you -- to remind you of a few issues regarding public access to our streets. It says any person, which could include one, OK. There are a lot of great things that happen here in the City, or I know police permits are not issued on all of them -- a permit for all of them, and even some of them are City -sponsored things, so my concern is, for example, we have a Christmas thing out here. They could say, well, that's a secular group. You can start not being allowed to have your Christmas thing out front, but you've got to have a City permit. Are police permits pulled for every single item? You're taxing yourself then. We saved the Virrick Gym and a bunch of things, and a lot of little children came down here and we taught them a lot about their rights as citizens to come, and they weren't protesting. They're coming here actually supporting something good for the City. I don't imagine those little kids pulled a permit either, and they all came up to this mike and spoke. We had something called the Boston Tea Party and the Boston Massacre, and it was established; bet those people didn't have a permit either, and I wonder if the Chief of Police is going to issue permits for things that maybe go against the City, and not everything is a protest; some is supportive, so this thing where you've got to go to the sheriff, local police chief to get these things, you're probably going to get denied. Well, I thank God for my grandfathers City ofMiami Page 62 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 up in Boston, because I'll tell you something, this is on streets and -- this includes just streets and sidewalks. What's an assembly? This thing's very open to interpretation, and it allows the police to arrest you if you don't have that permit. Thank you. Chairman Gonzalez: Thank you. Frank De La Paz: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. De La Paz: Frank De La Paz, 711 Southwest 15th Avenue, Miami. Inasmuch as I recognize the need for the amendment of the ordinance, inasmuch as I recognize also the lack of planning on your part, doesn't constitute an emergency on mine; just as much as I recognize that the City has been less than diligent in fencing and upkeeping their empty lots, where people then will be subject to all the laws for tresspassing when they open a gate and jump the fence, I don't see the necessity of the emergency. By creating this under emergency, you're shining the light on certain issue that was mentioned, but the City Manager said "that's not the reason," and that's my problem. You're creating under emergency for a specific purpose that is going to come back and bite all of us as a taxpayer. I don't see the need for the emergency. I think that this can be passed on a regular course of business, and then we're not opening ourself [sic] for the challenge from a specific incident that's going on that nobody wants to mention, but we all know about it, so I really would like for this to pass as a regular ordinance with the proper public meetings. I don't see the emergency, unless somebody wants to move somebody out of someplace before Christmas. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. Speaking to this, we do have a serious homeless issue in the City ofMiami, and I'm not really comfortable with the way that the ordinance is written. However, I do think that we do need some mechanism, but we do need to be able to separate the homeless from people that just coming to our community and manufacture homelessness just to be able to serve their own agenda, and I think that there definitely needs to be a separation, because I work with homeless veterans, and we have a homeless crisis here in the City ofMiami, and from what I've seen, what's going on over on 62nd Street and 17th Avenue -- and I can say that because it's my neighborhood -- Commissioner Spence -Jones: It's mine, too. Mr. Cutler: -- I don't like it -- Commissioner Spence -Jones: Mine, too. Mr. Cutler: -- and the people that I see that's coming in that's instigating this, what they're actually doing is creating a situation where now we're going into the cold season, and we're going to have homeless people coming down here, and they've actually put together some type of make -shift facility that's going to create a problem not only for the City ofMiami, but for a neighborhood that's already impoverished and is also suffering from a lot of crime, and it's going to be bringing in all type of elements, and I don't like it, and I do think that it is the responsibility of government to try to do something to keep that in check, and I don't care if the Miami Herald don't like it or whoever; it's wrong for people to come in and try to use situation to manipulate our government and just totally bypass the system that we put in place to serve our community. We need to come up with some type of formula that's going to work, and we don't need any outside interference. Thank you. City ofMiami Page 63 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: Amen. Chairman Gonzalez: Thank you, sir. Oliver Symonette: Good morning to each and every one. Chairman Gonzalez: Good morning. Mr. Symonette: My name is Oliver Symonette. I'm a native, born here in Miami, Florida, Coconut Grove. In reference to this homeless situation, not only in the northwest section, but overall Miami, I want to state for the record that it is an emergency, and for those that are in the positions that don't -- that are not sensitive to the issue, we are in a crisis. I'm a homeless right now, and I've been Tasered for no reason, and that's going to be proven by your officers. A crisis is about to arise in our City because people refuse to be abused by our local police department that is supposed to protect our rights. We have a situation that we're hungry and we have nowhere to stay, and we're being forced by our legal system, our fathers of the communities to live where? We're native-born, but we're in a situation whereby even the HAC (Homeless Assistance Center), in which I went to this morning, rejected me, with the City of Miami instructing me to go there, in which they were supposed to receive me. Your programs that you have set up and funding by the City are rejecting us; pulling in who they want. I want to state for the record, your officers that are shooting us -- I can give you 25 officers right now that are on the take with cocaine and crack. I can call their names out and the location where the drugs are. I gave ten locations last night to your officers. It's about time -- now is the time to change our policies into a creative psalms of brotherhood that we are going to help one another, not just sit on the podium and receive a check to represent us, and you turn your back on us. Only at the time of election, you want our vote. We want to see you there to help us represent us -- Chairman Gonzalez: Thank you. Mr. Symonette: -- but don't be insensitive. Chairman Gonzalez: Your time is up. Thank you very much. Anyone else? Renita Holmes: Yes, sir. Chairman Gonzalez: Yes, ma'am. Ms. Holmes: Good afternoon, Board, audience. My name is Madam Renita Holmes. I serve two hats. I'm the executive director and advocate for the Women's Association Alliance Against Injustice and Violence and for Empowerment; a member of many organizations, such as ACLU, NAACP (National Association for the Advancement of Colored People), and a long-time volunteer in AmeriCorps, you name it; always wanting to fight the issues of being -- of what low-income women and any woman can face, because some of us are just a paycheck away from homelessness. I have been running this organization for 13 years, and a former resident ofMiami-Dade Housing, where I began my first business and my first organization as a person with disability; long-time lobbyists for many years in Miami -Dade; having to wear many hats of both an economic arm and a social arm, but speaking on behalf of low-income women and hard-working women and single mothers right now, I can tell you, out of experience with the legalese ofMiami-Dade Housing Agency -- we all know the current status of there being a lack of affordable housing, so on the reentry program, the Mahma Makeba project, it's a special project which deals with those women who have been evicted from public housing as a result of the unconstitutional lease, simply for having be arrested or accused of charges, such as child abuse, domestic violence, because, as you know, the lease states that you could be City ofMiami Page 64 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 simply evicted as a result of being arrested, whether you're convicted or not, whether you're out the next day, it starts a process, and if you are somewhere between dealing with children and dealing with school, and being evicted because your child won't go to school while you're working a low-income job, or because you're a victim who has finally decided to fight back -- we won't get into that. I'm pretty -- the Commission on the Status of Women can tell you a lot more about that. Some of you women here can tell them a lot more about that. There's a serious situation. With the Makeba project, our assessments and evaluations have found that 80 percent of those women that we're serving right now, whether they're coming from Dade County Jail or they're coming from the prisons, have no affordable housing because of the lease policy. Even those of us who work very hard and can afford to buy new housing, or have brought ourselves back to that citizenship status, where we have work through programs, are facing where we're not allowed into buying a house. Chairman Gonzalez: Your time is up. Ms. Holmes: Yes, so in summation, what I'm doing is substantiating the fact that it's a triple situation, particularly inner cities, particularly in District 5, where my family growed [sic] up, and particularly, for me. I just want you to take a look at a woman who's working two organizations, who's doing what she can day-to-day, and who's utilizing every bit of the system, and I want you to know I'm homeless. You don't know when I walk here that I'm homeless. You don't know that there's not a place that I can afford. Ask me, Ms. Holmes. I'm not shelterless, but I'm homeless, and I'm telling you, it is a state of emergency, but -- because those who are at that level -- Mr. Gonzalez, you're looking at a witness -- someone who is engaging with you, just like many who are engaging with you today, intelligence has nothing to do with it; one paycheck has nothing -- it has to be addressed, and on behalf of the Women's Association, we found a remarkable pilot project, which known (UNINTELLIGIBLE) 3, and we're very -- Chairman Gonzalez: All right. I don't -- Ms. Holmes: -- happy about that. Chairman Gonzalez: -- want -- Ms. Holmes: My question -- Chairman Gonzalez: -- to cut you off. I told you your time is up. I allowing two minutes to each speaker, and you obviously -- Ms. Holmes: With due respect, Mr. Chairman, but 30 seconds helps me gives you a solution. If there are solutions there, please be sure that you take a notice to that, because most people get paid $625 an hour, get large grants to find solutions for people like me. I'm an expert, I'm a participant, I'm a consumer, but I'm questioning why it is so difficult -- Chairman Gonzalez: Thank you. Ms. Holmes: -- for us to get those resources there. Chairman Gonzalez: Thank you. Thank you. OK. Ms. Holmes: Thank you. Chairman Gonzalez: Thank you. All right. Commissioner Spence -Jones: Is the public hearing closed? City ofMiami Page 65 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Close the public hearing. Commissioner Spence -Jones: Is the public hearing closed? Chairman Gonzalez: I'm -- Vice Chairman Sanchez: Close the public hearing. Chairman Gonzalez: Is anyone else from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. Well, I guess I'm glad that no one seconded my motion because we had a lively debate, but this is a bad idea if we try to do it maybe in February or we had done it in June of this year because emergency ordinance always caught the eye of the people, and you need more explanations, and we have a process of two readings and public hearings and all that. However, to do it now is a worse idea for several reasons. Number one, I understand the need to close some loopholes, which, by the way, we approved those loopholes under the advice of our attorneys, and I remember the parades ordinance before the FTAA (Free Trade Area of the Americas) meeting and the back and forth in the court and all that, but you know, the people pick up very easily, and to have an emergency ordinance to rush this right in the middle when you have a shantytown, and you know, and some people are getting tired of them, it sends a very wrong message, but worse. In some of the language here, if you all remember last -- I think it was -- yeah, it was three days ago, at the Broward Convention Center, the Coast Guard, Homeland Security, FDLE (Florida Department of Law Enforcement), Miami City Police, Miami -Dade County Police, and all over -- police forces all over the -- both counties gathered to do a training exercise for the day that the announcement of Castro being dead is made. This is not a probability. This is just something that every government and intelligent agency has confirmed that it will happen and it will happen soon, so my question is, what do we do -- what do we need to do this now when we know that by just having an operation last July and announcing that Castro was just being operated, we have several streets block here in the City ofMiami; no permits were pulled, so imagine, just imagine when that announcement is made. For instance, the convention center is closed. However, the parking lot is open, so the public is restricted to go into that facility. Well, guess what? There will be a caravan of people waving flags on trucks and honking horns, and probably they will assemble in the parking lot of the now -restricted -to -the -public Coconut Grove Convention Center. They may go around downtown Miami and just go around the Bayfront Park, and enter Bayside and go into Bicentennial; set up a rally there, a spontaneous rally, or what happen if a door is open in the Orange Bowl and people just go in and assemble and -- with no permits pulled? This is really an slippery slope, and you know, when this thing happen -- and it will happen and it will happen soon -- no one is going to bother to pull a permit. No one is going to try to count if we have 50 or 51 or 49, so I'm just saying. This is wrong to do it in an emergency. This is worse to do it now because what you are saying -- the perception that you're sending out there is, number one, you know, the City is ready to deal with any demonstration FTA [sic] style, in terms of Castro -- I mean, beanbags included, and maybe Taser, so I think it's wrong. I think that we should take a break here with this thing. I understand the need to fill the loopholes that we approved, by the way, but this is wrong to do it now, and -- City ofMiami Page 66 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: All right. Commissioner Regalado: -- this is why I move to deny. Chairman Gonzalez: All right. We have a motion to deny. It was -- it wasn't -- Commissioner Sanchez: There wasn't a second. Chairman Gonzalez: -- second at the time, so -- Commissioner Spence -Jones: All right. I actually have a couple comments, Mr. Chairman. I do realize that we are running a little behind, but I wanted to hear, kind of both sides of the issue, and I think more so than anything else, the one thing that I can agree with is the emergency item that's being placed on it -- the idea that it is an emergency item and the perception that is attached to what an emergency item represents, so I can agree with that, but I do -- I cannot -- I would be remiss not to sit up here and at least address some of the comments that were made by fellow citizens and people from my district, because that's who I serve, regarding this issue. The first thing is the vacant properties. I think that was the issue behind all of this. It wasn't -- I mean, that was the focus of -- I'm assuming the item was to make sure we began to address vacant properties, and the reality is, most of the vacant properties are within my district. I mean, vacant City properties, the larger properties or parcels are in my district. They have not been developed in a very long time. We talked about this issue of homelessness and not having enough housing. Well, if we're not building on the lots, we're never going to have housing, and you know, as you know, since I've been on this dais, I've been pushing very hard for this one reason, and I had this conversation with the former Manager, the current Manager, and everybody was laughing at me when I was talking about these darn fences -- fencing -- Commissioner Spence -Jones, you done lost your mind about these fences, and my reason for the fencing wasn't even to really address the homelessness issue; it was to address the issue of public safety because several people had gotten hurt on our -- Code Enforcement knows this. We talked about this, Mariano and I -- had gotten hurt on these lots. People are cooking on the lots, so it becomes a liability to the City to have all of these activities and these things happening on these lots and not having them fenced, so that was the whole purpose of this fence conversation, and that's -- now this whole thing has evolved to what it is and it's because we didn't address it when I was talking about it in the very beginning. Everyone was laughing at me about these fences, so now it becomes a big issue. OK, so I want to be clear about the issue of the vacant lots or vacant properties, and the purpose, I assumed, of this ordinance was to address the issue of any vacant lots and having anybody -- because I have an issue with anybody being on City lots, period, that are vacant lots because we're responsible in the end, so that's the birth of this for me. OK. The other issue was -- since Grace decided to mention the 67 -- 62nd Street, 17th Avenue situation, which is, by the way, in my district, and I'm glad that I had some citizens from the area speak on the issue because the reality is it is an issue, and I'm having complaints on both ends of the track. I have people that are complaining that there's -- the homeless issue is a problem, and then I'm having people that have their homes in those areas that have invested back into the neighborhood that have been living there for many years, now they have a whole new set of people that are coming to their communities, and we've worked very hard over the last year to begin cleaning up the Liberty City area by putting housing and a whole bunch of other things. Now we're dealing with different elements of issues for my neighbors, for people that live in my community. That's a issue. I have to respond to both sides of the issue. When you receive in your office a stack of petitions signed by local residents saying, Commissioner, what are you doing to address this issue? What are you doing to address the issue of my kids having to walk back and forth in front of this and some of these people are predators? What are you doing to address the issue of my kids on their way walking to school and there's needles on the ground? What are you doing to address that issue? That's a real issue for me, you know. I've never been to the City ofMiami Page 67 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Roads, so I don't know where The Road -- even where the Roads is, but I live in the heart of Liberty City, and this is becoming an issue, since we're putting it out there, and I don't have a problem with putting it out there because it's my neighborhood, so the reality of this particular situation, and I'm saying this to my Commissioners so I -- because I want you guys to understand this. I eat and live my neighborhoods and my community every single day. I take this very seriously, and I have to adhere to both sides, and this has become an issue for my district, and ifI had not been talking about it from day one about the fences, we wouldn't be having this discussion right now, but it is what it is. The other issue that I wanted to at least address -- and just give me a moment, Chairman -- is to my understanding -- because I want to address the issues that were brought up -- regarding the issue of not providing or providing services to those folks that are homeless. My district, District 5, along with Chairman, I think that we have, out of all the Commissioners sitting up here, more homeless people in them than the rest of the other Commissioners. I probably have more because I have Camillus House, Miami Rescue Mission, every homeless initiative project/program is in my district, and unfortunately, it's all congregated in one area at this point, which is Overtown, because that's where all the services are, but now that is starting to shift to Liberty City. That's a real issue for my district and the people that I serve. I ask today -- and NET (Neighborhood Enhancement Team) is here -- I understand that there have been attempts to go out to 62nd and 17th to have numerous discussions with the folks that are out there so that we could provide the services. My Liberty City Trust and their board members have gone out there to try to address the issue of providing housing for the folks out there. We don't want anybody to be homeless, and today they're having a Miami Cares event today -- is that not correct? -- to go out there and provide services to the people that are out there. Now if we providing you beds, if we're providing you food, if we're providing you with an opportunity to not be out there in the elements and living on the streets, then my question becomes then what is the real intent? What is the real intent? So I'm saying to my colleagues sitting on this dais, I've been entrusted and elected by the people that I serve, and it is an issue. Now I agree with you on the emergency situation because that's true, but the reality of the situation is we are dealing with an issue that is affecting my district, and I've done everything possible to address it, including a fair today to say here are some options; here are some beds. Commissioner Regalado, you sit on the Homeless Trust so you understand more so probably than any of us how this issue is definitely a problem for the overall city, but then the question becomes, what do you want me to do? I have two more issues, then I'm done with it. My concern has always been about the liability attached to these vacant lots. I have been working very hard, and we are going to -- through our Liberty City Trust new director -- put out an RFP (Request for Proposals) for 45 lots that I have vacant in my district, vacant, you know, to make sure that there's housing put -- real affordable housing, rentals, made available for the folks living in Liberty City. I just -- I'm working very hard to clean up my district, and what really bothers me out of this whole dialogue and this discussion today is, you know, I believe it was -- it might have been Elvis that made a comment earlier or someone from the group that made a comment earlier about how important it was for us to make decisions and to allow for us to put people on boards that live in neighborhoods instead of going outside because you understand what's -- those individuals understand what's happening in those neighborhoods. I don't know how many of you have gone out to 62nd and 17, but I'm willing to tell you right now, many of them don't live in my neighborhood, have never been in my neighborhood, and the whole purpose of them being there is to make a point, and that's fine. We all understand that there's a housing issue, but do not pimp my people. That's wrong. Those people have been over there had their houses for 20 and 30 years in their family. I moved back to the neighborhood to make it better. Do you think that I want my son to walk across the street and have to deal with that? So when you come to this dais and you talk on that mike, make sure you understand the facts of what's going on. I'm making -- I've allowed for you to speak. I've allowed for you to speak and I want to be heard because I think it's important for you to hear me. Ms. Solares: Oh, I'm hearing you. City ofMiami Page 68 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: I -- out of -- and Commissioner Regalado can tell you this. Commissioner Regalado, I've been 100 percent behind the homeless issue; supporting Camillus House from day one, supporting the Lotus House and any other homeless issue in my district, giving when nobody else was willing to give, so if there's anybody on this dais, outside of you, that's an advocate for the homelessness, it's me, and I'm telling you right now that this is a problem. It's a problem for the people that are living there that are complaining because there's an issue of this becoming a problem for them, so what do I do? I punish them? How do I handle it? Now I'm agreeing with everyone regarding the emergency item. Now -- and the Manager can tell you, I had no idea that it was even an emergency item -- this type of item and what it represented until you brought it to my attention, and that's why I wanted to have clarity today because when you tell me that people don't have the right to assemble, you know, and all of that, and that we don't need a permit and all of that, but I'm saying -- but then I'm hearing my Manager and my Attorney saying, oh, you have to have a permit, then there's a conflict in the message. Ms. Solares: No. They do have to have it -- Commissioner Spence -Jones: OK, wait. No, no. Ms. Solares: -- for the outside. Commissioner Spence -Jones: Grace, Grace. Ms. Solares: It's buildings. Commissioner Spence -Jones: OK, so all I want to say is I'm really done with my statement on this, but I'm going to ask my colleagues, like I've been asking for the last year sitting on this dais -- you know, I'm the youngest one, and at this point, I'm the only belle on the -- the belle of the ball on the dais now, the only woman sitting here, you know. I need your support to get what I need to get done in my district. If you got a solution or a answer to it, tell me it, but please do not use the backs of my people in my community to make a point. It's wrong. Chairman Gonzalez: All right. Commissioner Regalado: If I may, just briefly, to answer to Michelle. Actually, I think that you do have a problem, and you're right in the need to resolve that, and I didn't make a point regarding the need for someone to go and clean some place. I'm just saying that we here are sitting today thinking, most of us, that there is going to be a major demonstration in the City of Miami in the next few days or few weeks. My issue here is that what we're doing to remedy a problem that needs to be remedied, we are creating a law for the whole City ofMiami forever, and this is a city where we celebrate, enjoy, and suffer diversity, and you know, if we have the Venezuelans and Hugo Chavez, well, we have them. If -- when -- if Castro die -- no, when they announce that he's dead, we're going to have chaos in the street, and that's understandable. That's understandable. My issue is that, number one, there should be a process for this kind of remedy to a loophole in an ordinance, and number two, from day one -- and I know the Manager has been there -- there should have been a more proactive action from the City on that particular parcel, which, by the way, the issue was created by the scandal in the County, not by the City. However, the County is passive, not doing anything, so our problem is the site where the kitchen and the living room is, the rest of the duplexes are in County property. This is a very weird situation, but the City cannot keep, you know, turning away because it is your district, and the people will ask you to do something. I will tell you that, yes, homeless in the County, but in the City ofMiami, it's very bigger issue now than it was before, and David sits with me in the board, and tomorrow we have a board meeting, and I will tell you that the last City ofMiami Page 69 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 survey we found, the Homeless Trust of the County and the City team, families being homeless, which is a very new and unique development, and this is an issue that we have. The City has a very good Homeless Department, that's for sure, and it should have been there -- I don't know if it has -- for -- Commissioner Spence -Jones: It's been there everyday, Commissioner Regalado. Commissioner Regalado: Everyday, so you know -- Commissioner Spence -Jones: From day one that they decided to go there, it's been there -- Commissioner Regalado: OK, so -- Commissioner Spence -Jones: -- and they have been there. Commissioner Regalado: -- I'm just saying that this is one of the remedies because I know that, under the direction of the NET director, and of course, his supervision of the homeless programs, this program does work. I've seen David work in the County with the Homeless Trust, and it works, and the City programs are working, so this is one remedy. What I'm asking my colleagues and -- is that, you know, we cannot afford to change the laws in a moment where we know we are going to have a very unique situation, probably the most important event that this City has seen in the last 50 years. I'm telling you, do not do this, you know, because by doing it, it's not that you will be changing the whole policy of the Police Department or anything, but you just don't need to send a message that we're really and ready to crack down on any demonstration in the streets. I'm just saying that. Vice Chairman Sanchez: OK. Commissioner Regalado: That's all I'm -- Chairman Gonzalez: All right. Commissioner Regalado: -- going to say. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Obviously, you could see legislating is a lot like making sausage. It's not pretty to watch, but hopefully, it tastes pretty good when you're done making it. What you don't want to do is throw the baby out with the bathwater, and the baby in this case is free speech and freedom of assembly, and any great democracy must be able to suffer some of the eyesores of that democracy, and that includes assembly and speech that you may not appreciate. Now the City Attorney has probably got the most difficult job in the world, which is to find the right words to put together to find that very small place that the Supreme Court of the United States allows for the moving of free speech and freedom of assembly, so I'm going to ask some specific questions with regard to this particular piece of legislation. In the event my constituents assemble at the tune of 51 people and I make a horrible decision and they go outside of this particular venue and they stay on the sidewalk, it is my present understanding they would not need a permit to argue what kind of a lousy Commissioner I am; is that correct? Mr. Fernandez: Fifty-one -- Commissioner Sarnoff Yes. Mr. Fernandez: -- of your constituents meet on a sidewalk for a -- City ofMiami Page 70 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: After a Commission meeting, like they would leave out of here. Commissioner Sarnoff If they walk out right now. Mr. Fernandez: Well, a Commission meeting or sidewalk? We need to look at form because there is different rules that apply to different form. Commissioner Sarnoff Well, that's -- Mr. Fernandez: This is a very complicated sausage because you need to take -- Commissioner Regalado: Yeah. Mr. Fernandez: -- when you speak -- Commissioner Regalado: That's what I'm saying. Mr. Fernandez: -- of one thing, you need to go on a -- Commissioner Regalado: Hello. Mr. Fernandez: -- limited basis. Commissioner Sarnoff That's -- I'm going to ask the question as best I -- Mr. Fernandez: On the sidewalk, yes; 51 or more -- Commissioner Sarnoff I thought that would be your answer. Mr. Fernandez: OK. Commissioner Sarnoff Now one of them steps into the street, do they need a permit? Mr. Fernandez: No, but if he obstructs -- well, the answer is if -- Commissioner Sarnoff I think the answer's yes. Mr. Fernandez: Yes. Commissioner Sarnoff All right, so what your point is you can come to City Hall and make sure that you're very careful to stay on the sidewalk in any numbers chosen, but as soon as you step into the street, you'll need a permit. Commissioner Regalado: Or you are arrested. Commissioner Sarnoff Or you are arrested, correct. Ms. Solares: How about in this building? Commissioner Sarnoff Well, we'll get to the building. I want to know about the sidewalk just yet. Pedro G. Hernandez (City Manager): Commissioner, ifI may. City ofMiami Page 71 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff Sure. Mr. Hernandez: I think that, you know, philosophically, we can go a long ways in discussing this, but we can't lose sight of common sense, and in essence, I mean, there are many things that happen in our daily lives that is probably some sort of law, obscure as it may be, that has something to do with it, but know that our police force and our staff you know, we want to use common sense -- Commissioner Sarnoff So you're saying -- Mr. Hernandez: -- and good judgment -- Commissioner Sarnoff -- discretion will be the call of the day? Mr. Hernandez: -- and in this case, keep in mind -- and I'll be very candid on this -- we do not want any confrontation with the individuals that are there. We do not want to use police force. We have been working since day one with NET, with Community Relations staff with the homeless to work out a peaceful solution to it. I was there myself. I agree with the original issue. I agree that we need to do more affordable housing, more low rental income housing. We're taking steps that, hopefully, will be coming to this Commission in January or February to provide housing, but at the same time, while protecting free speech and assembly, all that we're talking about is being able to permit to say you have a good point. You can be here a week, two weeks, but after that, once you've stated your message, it's time to move on. In essence, that's the tool that I'm asking you to provide for me. Commissioner Sarnoff No. I understand, Mr. Manager, but my concern is you're asking to create permanent legislation that will go on well infinitum, beyond this shantytown, as it's been described, and that law will stay on the books ad infinitum, and it'll be on the books beyond, probably, people sitting at this dais. They may be good people and they may be bad people, and ordinarily, free speech and assembly should be legislated for in the event you have some bad people on the dais, for in the event you have a poor administration, for in the event you have people who don't exercise their discretion in the best means and manner they can. That is why you legislate, and unfortunately, in our country, we legislate to the lowest common denominator because we look for minimally acceptable standards for which free speech and assembly is allowed, so I understand there's an immediate problem, but this law will stay on the books beyond anybody sitting here. That's what laws do. They go beyond the person. They go beyond the -- they stay with the office, and that's my concern is that -- I think the City Attorney has an incredibly complicated and difficult job because he's choosing to find words that are going to last forever and have to pass constitutional muster in an area that -- you were in law school, Mr. Fernandez. How much time did we spend on constitutional law and freedom of speech and freedom of assembly? It was probably three fourths of whatever we did because it's -- there is no right answer -- Mr. Fernandez: Right. Commissioner Sarnoff -- so you're asked to draft almost the undraftable [sic], but do have to say, you draft laws such that bad people can enforce them because you may not always have good people enforcing them. Commissioner Spence -Jones: OK. I know we've been debating this long enough. I just have this one question. Is the issue really about making sure that the vacant lots that we have -- if there's any activities, protests, or anything of that sort, there is a permit to do that. That -- I mean -- City ofMiami Page 72 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Hernandez: Yes. It will give us another tool to be able to protect those vacant lands and require a permit (UNINTELLIGIBLE) -- Commissioner Spence -Jones: OK, but -- Mr. Hernandez: -- seven days. Commissioner Spence -Jones: -- does it -- because in listening to them, is the -- because the issue's not about freedom of speech because, to me, I -- you know, I definitely -- you know, I support that 100 percent. Is there an issue about having vacant land -- City -owned vacant land being utilized for protests without a permit? Is there an issue with that? Commissioner Sarnoff The freedom of assembly, yes. Commissioner Spence -Jones: On City land. Commissioner Sarnoff That's exactly. It's City land, and this -- specifically speaking about this place here because they have a point. With the wrong administration -- with the wrong -- I don't mean this disrespectfully -- police officer, you could be moved along or cited or even arrested for assembly here. Commissioner Spence -Jones: OK, so can I ask you something, Commissioner Sarnoff? What do you propose for us to do? Commissioner Sarnoff Oh, I -- I'm -- Commissioner Spence -Jones: Hey, I'm -- you know -- Commissioner Sarnoff -- here to -- Commissioner Spence -Jones: -- because what I need to be able to say this and I'm saying it now to you is I'm trying to make sure that I put -- place people over politics. Commissioner Sarnoff Well, I'm here to tell you that I'm going to put freedom of speech and freedom of assembly as probably the most significant American value there is -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- because, without it, you will not have the -- Commissioner Spence -Jones: So how do you propose for us to handle it? Commissioner Sarnoff I'm not the City Attorney. Commissioner Spence -Jones: OK. Chairman Gonzalez: Mr. City -- Commissioner Sarnoff I'm not the City Attorney. Commissioner Spence -Jones: Mr. -- Mr. Fernandez: And -- City ofMiami Page 73 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: -- City Attorney, how do you propose for us to handle it? Mr. Fernandez: I have been trying to address this issue. I'm the proponent of it, and I really beg your indulgence in giving me at least two minutes. Vice Chairman Sanchez: You got it. Mr. Fernandez: I don't come at with -- from the perspective that Commissioner Regalado comes from, which is Castro; which Commissioner Spence -Jones comes in, which is her district, the needs of homeless, the needs of -- you know, the -- what she spoke, very passionately and very correctly. I don't come at it from the perspective of the Super Bowl coming to Miami in the next several weeks. I don't talk from the perspective of what (UNINTELLIGIBLE) does or says. I don't come from the perspective of Venezuela. I'm just looking to make sure that the individuals dressed in blue that work for you that have a responsibility to maintain law and order are given the tools so that they can effectively do it on your behalf and what am proposing -- and the only issue that would like to address -- because there is, in fact, some consideration of that -- is the issue of emergency that was brought by one of the speakers. I'll address that in a moment. I come at it from a perspective that there is no ordinance that, when first drafted, could be drafted perfectly to address a hundred percent of all of the unforeseeable circumstances to which it would be applied. On the issue that we have been defending this ordinance for the last four or five years, we have saved your taxpayers hundreds of thousands of dollars because we have come in front of you four times in the past with four similar amendments so that we could close loopholes. We walk into federal court and we tell the federal judge, look, Your Honor, the City elected officials recognize that they have a duty and obligation to guarantee individuals' first amendment rights. The Supreme Court has said that there is a way of limiting or controlling those for the general welfare and public. The City Commission has passed -- closed this loophole, in this way observing the law of the land, and because we have done that effectively and timely, the federal courts have consistently ruled in our favor, limiting a whole lot of the exposure on liability that you have had in the past. Having that experience consistently for the last four years is what brings me to the point of bringing to you this because we can anticipate, in a city as volatile as Miami, in a city that is subject to so many changes and so many issues on any given day -- you know, a shantytown is a thing of the past. In essence, it's been a month and a half in the making. The City Manager has developed a strategy to deal with that, and that was, perhaps, one of the issues that we could have considered in this, but what I'm proposing and suggesting to you is that the City needs to have the tools, not I, ultimately, in defending whatever lawsuit gets brought. The people that you have asked to enforce the laws -- if there is a group of people coming into -- if this ordinance passes, and I certainly hope it does -- if a group of people come into what is now -- will then be exempt property, which would be the parking lot, which is restricted to this venue here that the Commissioner made reference to, the police officers would have a tool in their hands to control and to regulate that because what we cannot fall into, however some people think it may happen, would be chaos and anarchy. The moment you begin to consider and contemplate that you need not make rules and laws prospectively to try to control that -- because it will happen inevitably, that is a policy decision that's all yours, and you may make it if you choose, but have to speak against it. As the City Attorney, I need to safeguard and protect the best legal interest of the City ofMiami, but need you to help me do that. I need you to heed my warning, heed my advice, follow my directions because we have thoroughly researched this issue. We have the breadth and the scope of experience in handling with these issues, and this is what the City ofMiami needs now, facing all of the problems that I just read, and you can put on it whatever policy twist you, from your vantage point, think, you know, needs to be debated, but I'm coming at it from a much more technical and pure legal perspective. Commissioner Spence -Jones: Thank you, Mr. City Attorney. City ofMiami Page 74 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I have had the opportunity to listen to this very healthy debate between my colleagues and the public input, and of course, the City Attorney, who provides us with the legal advice that we so take to heart. I just want to state very clear that this has nothing to do with Castro or 51 people coming in front of this Commission to oppose or speak in favor of an item, and I certainly don't want to violate anybody's constitutional right, whether it's free assembly or speech, but could tell you this much. We do have a problem that we're going to be facing with, and I think the issue that the City Attorney put forth on our property is that we do have the right to protect our property, and protect our citizens, and protect the quality of life of all those that we represent. You know, there's an old saying that says where someone's rights end, it begins for somebody else, and we take that into heart, and basically, with our diverse community and everything that we're faced, we, at the end of the day, Commissioners, have to make that tough decision, butl think the City Attorney put it very eloquently, as all the debate that's been put forth. It is about creating new rules to strengthen what we consider ways to allow our Police Department to have the right, without violating anybody's constitutional right, to protect City's property as well as City's quality of life, and people's property, as we speak, so having said that, I think -- I waited for the last because I wanted to hear some of the comments and some of the Commissioners who had more expertise, basically, in the law aspect of it, which I am not an attorney, but having heard that, I am prepared, and I believe that there's a Commissioner ready -- prepared to make a motion and I -- Commissioner Spence -Jones: Yeah. I just -- Commissioner Sanchez: -- will second that motion. Commissioner Sarnoff Can I just make one last comment? Because Commissioner Spence -Jones asked if there was another way, and there may very well be another way. Your issue with shantytown is not really the assemblage. Your issue with shantytown is really the waste, the excretion of bodily fluids, of things -- of not having the proper toiletry facilities. That is really your biggest concern over there -- Commissioner Spence -Jones: Of -- Commissioner Sarnoff -- and understandable -- Commissioner Spence -Jones: -- and public safety, yes. Commissioner Sarnoff -- and if you look at San Francisco's ordinance, you'll see that they deal with it in that way. Commissioner Spence -Jones: OK. Commissioner Sarnoff That's the issue that is not free speech. It is not free speech to urinate. It is not free speech to defecate. Yet, the manner in which you're going about this is through assembly, and through assembly, you will ordinarily find speech. If you were to go about it the opposite way, of your primary concern -- because you really wouldn't care if 50 or more people assembled, if they had proper facilities to assemble there. You don't have the proper facilities. My suggestion to you is, attack it a different direction. City ofMiami Page 75 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Right. I appreciate that, Commissioner Sarnoff. I want you to -- I want you all to be clear that I -- that wasn't my purpose, to attack it in any kind of way, but I appreciate your suggestion, and perhaps, you know, the City Attorney could look at this ordinance that he's talking about that San Francisco has to address that. I'm going to just say, from the standpoint of anybody wanted to address the issue of having a place to defecate or, you know, go to the bathroom, that they could order port-o-lets out there and be out there for months. Commissioner Sarnoff Right. Commissioner Spence -Jones: OK, then the question becomes, do you have a permit to even bring a permit -- to bring a port-o-let on a City -owned lot? Commissioner Sarnoff Yeah. I'm just suggesting there might be a way of moving them along in a different -- Commissioner Spence -Jones: Right -- Commissioner Sarnoff -- manner. Commissioner Spence -Jones: -- and let me just say this you. I -- my -- and I'm going to turn it over to the Chairman after this, but my concern in this whole matter is I got to build housing in my district. It has to happen, and I have the most vacant land in my district, and if I don't begin to address it by building it or building on those lots, and I keep getting this type -- these type of things happening on all my vacant lots, I'll never be able to build housing. I mean, I'm just trying to -- and that's why I'm asking Commissioner Regalado, which has the wisdom and has been here probably longer than -- I'm not going to say than I've been born, but close to it. Close to it. Commissioner Regalado: Don't you worry because today I have -- I'm feeling that I have been treated like a kid -- Commissioner Spence -Jones: Like a kid? Commissioner Regalado: -- because somebody -- the City Attorney said this is not about Castro or this is not about Venezuela. My point -- Mr. Fernandez: It isn't. Commissioner Regalado: -- is that this is a law that we are doing forever, and if we have fix the parades ordinance four times, it's because four time we got it wrong, and the courts told us to fix it, and I remember the first time that we discuss the FTAA -- the ordinance because we had the FTAA. Because we have the FTAA coming, we discussed the ordinance; no umbrellas, no this, no water bottles, no backpacks, and we were like eliminating and coming back from court and fixing the ordinance. Well, to my knowledge, as of today, we have in the pipeline dozens of suits regarding the FTAA, and we still paying Elian, by the way. We're still paying a lot of good money of the taxpayers' money because of Elian. What I'm saying is that it's ill-advised to do it now because of the proximity of an important event. I understand that this is not about Castro or Chavez. This is about legislation and law, and I -- and you know what? If the City Attorney and the Administration feel that they need an emergency, well, you know, that is their problem. They should have the vision to do it in the right process because, after all, you know, we have voted because we accept the recommendation of the City Attorney and the City Manager in the past, and there is no -- we don't have the staff we don't have the manpower to legislate in behalf of the future, so I'm just saying that this is wrong to do it now. City ofMiami Page 76 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 This is wrong to do it like this. There is no -- the argument that let's don't do anything because it's going to happen anyway, that's not -- that wasn't my argument, and my argument was that it is the wrong time to do it. If you all want to vote for it, fine. I mean, you know, I don't -- you know what? I really don't care to be politically correct. I think I do the right thing, and let me tell you something. In the year 2000, I was a City Commissioner, and I was in the streets in Flagler and 57th Avenue when the riot police came to clear the street, and I was push, and the other chief of Police had a BOLO (Be On the Look Out) to arrest me, and I was sent as a complaint to the State Attorney because somebody alleged that I push a police. A complaint never went through because it wasn't true. Let me tell you something. If there is a demonstration, if there is a street closing, if there is no permit, I will be there with my people, and regardless what happens to me, so I'm just -- I don't care either way. I will be there with the ordinance or without the ordinance, so you do what you want, but this is a wrong message. This is a city, you know, like Commissioner Sarnoff said, freedom of speech is the foundation of this country, and I, for one, am not going to move a finger to tarnish that freedom of speech, freedom of assembly, so -- Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you. I'm going to go ahead and -- I really appreciate everyone's input, and I think it was important to have the healthy debate on the issue, and this is the only opportunity that we really have a chance to talk, and I was hoping, if nothing else, you understood my position and why it was important for us to get something done. The reality of the situation is I have, like I said, several vacant lots. This is not about a freedom of speech. This is not about a freedom of assembly. I support that one -- it is from the standpoint of what you're talking about, but that wasn't my purpose of making sure that these vacant lots that I have get developed. Something has to happen on them. We need housing, so we're trying to find a way. I would like to ask the City Attorney if there's any way -- because the one thing that I do agree with is the fact that this is an emergency. Is it possible for this to be utilized as a first reading, to then come back as a second reading so that we can make some adjustments on it, and maybe, Commissioner Sarnoff, if you can share some of that information with the City Attorney or where he could find that information or either look at other case laws or other cities that are doing the same thing because this is not about trying to limit anybody from doing or having their word and their ability to speak or do anything. It's about -- I have to build on these lots. Commissioner Sarnoff Yeah. Commissioner Spence -Jones, you have a very laudable purpose and a very laudable ends. I -- my only contention is I'm not sure you'll get there, but I don't dispute what you're saying what you -- Commissioner Spence -Jones: OK -- Commissioner Sarnoff -- need to do. I just think you may need to find a different vehicle to get there. Commissioner Spence -Jones: -- so when we -- Vice Chairman Sanchez: Maker of the motion accepts the amendment, which is not to take it as an emergency item, but to pass it on first reading and bring it in on second reading at the next Commission meeting. Commissioner Regalado: If we do it as a regular item -- City ofMiami Page 77 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Yes. Commissioner Regalado: -- the results will be the same. Mr. Fernandez: Exactly. Commissioner Regalado: We're not changing the wording, we're just prolonging the debate, so Commissioner Spence -Jones: Well, I was -- Commissioner Regalado: -- I'm -- anyways -- Commissioner Spence -Jones: -- taking -- Commissioner Regalado: -- like I said, I'm voting "no," but -- Commissioner Spence -Jones: Right. I was taking the -- and I was taking -- and as you know, I've got to get something done in my district, so you understand the importance of that too, but I'm taking the recommendation of my colleague on the dais, which was Commissioner Sarnoff, and I respect, you know, the fact he is an attorney, and I appreciate you coming to the table with a solution because the reality is I need a solution, so if you can, Commissioner Sarnoff, I really would appreciate your support on working with the City Attorney and we pass this as a first reading, allowing the public to come back out and speak on the item, and also looking at trying to identify the best solution to address -- can't talk about the other assemblage and everything else that's going on, but the fact that I need to get something done in my district, so on that, I'd like to make a motion. Is that --? Vice Chairman Sanchez: Call the question. Madam Clerk, roll call -- or read the ordinance into the record. Commissioner Spence -Jones: As a first reading. Priscilla A. Thompson (City Clerk): We don't -- Mr. Fernandez: This is an ordinance -- Ms. Thompson: I'm sorry. According to our -- Mr. Fernandez: Is there a motion? Ms. Thompson: -- records, we only have, as a first reading ordinance now, a maker. I don't have a second. Commissioner Spence -Jones: Oh, second. Ms. Thompson: As a first reading? Chairman Gonzalez: All right. Read the ordinance, Mr. City Attorney. Mr. Fernandez: On first reading. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 78 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Spence -Jones: It was brought to my attention that actually I was the maker of the motion. Vice Chairman Sanchez: And I second it, as amended. Ms. Thompson: So I'll show on my record as first reading ordinance, the maker being Commissioner Spence -Jones and the seconder being Commissioner Sanchez. OK. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Commissioner Spence -Jones? Chair Spence -Jones: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, on first reading. Ms. Thompson: The ordinance has been passed on first reading, 3/2. City ofMiami Page 79 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 ORDINANCES - SECOND READING SR.1 06-01711 ORDINANCE Second Reading Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, Authority FLORIDA, AS AMENDED, ENTITLED " DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," TO AMEND: (I) MEMBERSHIP QUALIFICATIONS, (II) THE TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE FOR OFFICE, (III) TERM OF OFFICE, (IV) THE BOARD'S POWER TO EMPLOY STAFF, AND (V) BASIS FOR REMOVAL OF BOARD MEMBERS; PROVIDING FOR THE AMENDMENTS TO APPLY AS OF AUGUST 1, 2006; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer Item SR.1 to the City Commission meeting currently scheduled for January 11, 2007. Vice Chairman Sanchez: And we could move forward to SR.1. SR.1, DDA (Downtown Development Authority). Jorge L. Fernandez (City Attorney): Aren't you going to do emergency ordinance? Commissioner Regalado: How about EM.1 ? Priscilla A. Thompson (City Clerk): Right. Vice Chairman Sanchez: Let's get the DDA out of here. They -- I'm sure -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- they got better things to do. Come on. Dana Nottingham: Good morning. Dana Nottingham, executive director of the Downtown Development Authority. Vice Chairman Sanchez: It's an ordinance on second reading. Just basically what your -- just brief. Mr. Nottingham: The purpose of this ordinance is to make clarifications to the Code to reflect bylaws changes by the DDA board. Vice Chairman Sanchez: All right, and the amendments are membership qualification, the time in which the City Commission may reject and appoint for office -- terms of office, the board powers to employ staff and basic for removal of board members. Is there a motion? Commissioner Spence -Jones: Sec -- motion. Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: I move. City ofMiami Page 80 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: -- hold on. Well make -- OK. Commissioner Spence -Jones: Got a public hearing? Vice Chairman Sanchez: Public hearing? Grace Solares: Can -- Vice Chairman Sanchez: Anyone from the public? Yes. SR.1. You're recognized. Ms. Solares: My name is Grace Solares. I'm from the -- president of the Roads Association. In looking over this -- Commissioner Spence -Jones: Can you talk -- I can't really hear you. Can you pull the mike down? Yeah. Ms. Solares: In looking over this second reading that is coming -- it was approved, I think, on the 9th of November -- the Association has certain concerns with the -- some of the amendments that you're trying to implement. Specifically, when you look at the supporting documents that you have here with this thing, we have no problems with reference to 4 and 5, nor actually with number 6. You're doing away entirely with Section C, which gives you the staggering term. However, we do have problems with the amendments to 4. You're extending the membership on that authority from 8 years to 12 years for an individual. We seem to think that it's too much for 12 years. It becomes just an individual who is there, and it becomes a business. Remember that the authority is actually dealt with like a public corporation. The ad valorem taxes that the businesses in downtown collect go to -- Vice Chairman Sanchez: Well, we don't have a quorum. Well, we do now. Ms. Solares: OK. Vice Chairman Sanchez: OK. Go ahead, please. Commissioner Regalado: OK. Ms. Solares: The ad valorem taxes -- by the way, is there somebody who can tell me how much this authority has in the bank? Vice Chairman Sanchez: Sure. The executive director is right here to answer -- Commissioner Regalado: Sure. Vice Chairman Sanchez: -- all the questions that you may have. Ms. Solares: How much do we have in the bank on that one? Mr. Nottingham: The ad valorem taxes are half a mill, and currently, the Authority has approximately $4 million that has been reserved for future projects. Ms. Solares: OK. I am concerned, or we are concerned with the requirement of attendance. It's no longer automatic removal after certain amount of absences are there. Now it's OK, after you're three times or four times -- three times consecutive and four times within a period of one year, you are -- there is a good cause for removal, but it would be up to the board to say, oh, City ofMiami Page 81 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 well, we don't have to remove him, even though there is good cause, so I think the automatic removal should remain. Instead of giving it to whether we like the guy or we don't like the woman. Well, maybe won't exercise the removal right. Also I find it problematical that now the executive director alone will be able to determine what expenditures are done before you have two people. The treasurer will no longer have any say-so to actually spend monies. This is an authority that has a tremendous amount of money in their coffers. I also have problems with the article that says here that right now, the Code calls for this Authority to provide a report to the Commission and to the Mayor on a monthly basis. How much do you have? What are we doing? What are the vouchers? You're doing away with that. Now the reporting is pursuant to what you people request from them. You're very busy in here. You think you're going to remember about requesting what report and what expenditures when now one individual is going to have the ability to issue checks and spend? They will report to the board. Vice Chairman Sanchez: Let me correct you on that, because I'm the Chair. He has to answer to that board. He cannot write those checks. It has to be approved by that board. Ms. Solares: Well, it says here, sir, very -- on number A of Section 2, "the treasurer, who shall keep the financial records of the Authority, and who, together with the executive director, shall perform such other duties as may be designated by him or her." At the direction of the board, functions of the treasurer may be performed by an outside professional, retained and approved by the board of these treasurers, so your treasurers will actually not be doing the checking of this. You're going to obviously retain the services of an outside counsel, of an outside accounting report -- accounting company that will be doing all of these things. It tells you here, as well, the -- now the director, the executive director will have the ability to hire the staff. Before, it was you all who did it. Now the executive director will have the ability to set the salaries, or whatever they're paid, to the people he, himself hires. Before, it was you. Not you, personally, but the board in (UNINTELLIGIBLE), so therefore, there are -- there is, by the way, on Section -- on the powers. You're saying that the exec -- Vice Chairman Sanchez: If I may, just -- so you -- you need to -- Mr. Nottingham: I'm taking -- Vice Chairman Sanchez: -- address these, so if she could -- you could write them down so you could -- Mr. Nottingham: I'm writing them down. Vice Chairman Sanchez: OK. Yes. I'm sorry for the interruption. Ms. Solares: No problem. It says here -- well, once -- you say here that the treasurer will not have that power anymore; it's going to be the director. However, on Section 14-60, which is the "Annual ad valorem tax levy in downtown district and disposition of funds," you say here, "such money shall be used for no purpose other than those purposes authorized in this article and, upon the approval of the board, pursuant to vouchers signed by the executive director and the treasurer, so you're contradicting what you just said in the previous paragraph, that the treasurer will not -- in the following paragraph, you're contradicting, you say that the treasure will be. This is wrongfully drafted, so I suggest -- I have problems -- we have problems with these things, and those inconsistencies, like removing the ability of the -- of a treasurer to do something on the previous paragraph, and on this one, you're telling that the treasurer and such other persons authorized by the board, so now we have other people that you will authorize, actually, paying and determining on vouchers, as drafted, Commissioner, since you're the Chairman. The problems with this language, and this type of ordinance -- this type of amendment should not pass with these inconsistencies. In one paragraph you're saying one City ofMiami Page 82 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 thing; in another paragraph, you're doing another thing. This is a very important authority. There are millions of dollars, and it's -- Vice Chairman Sanchez: Four million, to be exact. Ms. Solares: -- ran as a private corporation, as a for profit corporation, so I suggest that, as drafted today, there should be a review of the language in here, because there are problems with this language on these things, and several boards; that you may bring it back at your next -- with these things actually corrected. Vice Chairman Sanchez: No, no, no, no, no. We're -- I believe that you are entitled to the answers -- the questions that you have given. The executive director will direct them, and the ordinance that was presented was written by their Legal Department, who is here to address that, so we will try to answer all the concerns that you have. I just -- you know, we have so many meetings, and I've never seen you in one of those meetings. I welcome you to all the meetings that we have. As a matter of fact, we have one tomorrow morning at 8 o'clock -- Ms. Solares: Right. Vice Chairman Sanchez: -- so -- Ms. Solares: No, you haven't seen me, because I've never gone. The reason why I'm here today is because there are many issues of -- today of amendments of the codes -- Vice Chairman Sanchez: OK, then -- Ms. Solares: -- that are extremely problematical, and when I started reading those problematicals [sic], I bump into this when I started reading it. Vice Chairman Sanchez: OK. Well, let's give the executive director an opportunity to address your concerns here this morning. Mr. Nottingham: I'll go through my list. I tried to catch as many as I could. Number one, we are represented by the CityAttorney's Office, and all of these documentations and languages have been reviewed for consistency between the bylaws and the City Code, and two chapters in the Code, and that's why we're here today. Number two, the executive director of the Downtown Development Authority is hired and approved by the board of directors, and also approved by this Commission. Three, in terms of term limits, right now there are no term limits. This board voted to institute term limits. The term is a eight year term, and there is an exception. If there is an extraordinary case where there is a board member that may be in the middle of an important project that is supporting the mission of the DDA, it does allow, by unanimous vote of the board, that that person's term could be extended for four years, and that would also have to be approved by the City Commission. In terms of the financial affairs of the organization, and I think you referred to the treasurer and the ability to have outside -- to outsource some of that, we have an external auditor, and we also have an internal financial advisor that helps us with the day-to-day, week -to -week, and monthly financial affairs. We have a budget that is approved every year by the board of directors. I am -- my job is to manage the organization consistent to that budget. If there is a material change to that budget, I go back to the board for approval, and in fact, every contract that is approved by the DDA is approved by the board of directors of the DDA. We have a finance committee that reviews every contract and monitors that budget throughout the year, and with respect to signing checks, I do not sign a check by myself. A check requires two signatures, and again, all of that is consistent with an approved budget, and I think that hits most of it. City ofMiami Page 83 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: And approval from the board. Mr. Nottingham: And the board of directors. Commissioner Spence -Jones: Mr. -- Vice Chairman Sanchez: Does that answer some of your questions. Ms. Solares: Actually, no. Vice Chairman Sanchez: No. Ms. Solares: Because he does say that they have the four years, and the four years, and the ability for four years. That's the proposal now. The present Code says three years, another three years. Seems like it's a perpetuation of an individual on a board that's -- I don't think it's advisable. There may be at some point in time, because the expertise of the individual on a particular area, but not across-the-board because some pe -- and I recognize there'll be some people extremely qualified that the necessity of keeping them in the board will be a requirement or will be a need for you to do it, but not totally across-the-board. I think a perpetuation (UNINTELLIGIBLE) there for -- has the ability of perpetuating. Commissioner Spence -Jones: I would like the City Attorney to address your issue regarding the treasurer. You said on one page, it said one thing -- Ms. Solares: Yes. Commissioner Spence -Jones: -- and on the next page, it contradicted. Ms. Solares: Right. Commissioner Spence -Jones: Mr. City Attorney, because -- apparently, Mr. Nottingham, that was done by way of our City Attorney's Office, correct. Mr. Nottingham: Yes. Commissioner Spence -Jones: So Mr. City Attorney, can you address that issue? Mr. Fernandez: Well, the -- suffice it to say that not only do we represent the DDA, we're present at all of their meetings, but we certainly have spent innumerable hours and a length think period of time, over a period of six months, reviewing this with the executive director, but certainly always bringing it to the board for the board to take action. Now, for me to specifically address -- and I wasn't taking notes on all of these concerns -- I gather that the speaker's concerns emanate from a position of either mistrust or things not being supervised appropriately or -- I don't mean to read purpose into or motives into anything she said, but it is within the purview of the powers of the DDA, as a semi -autonomous agency, with a power to tact, they have all the checks and balances in place. Now, if they choose to have a board structure and a term of office that's eight years, plus four or, you know, at the discretion of the board, with the approval of this Commission, those are all policy determination. This was fully deliberated by the DDA board, and they considered different alternatives, and they bantered this issue around, and they have the right to self -govern themselves, and we believe that the right -- the way that they have chosen to do it, it's legitimate, above board, meets all the requirements of the law. It may be a different -- a little bit different with other boards, as they choose their own path. I gather the speaker has a problem with the level of autonomy or the level of decision -making that the DDA board may exercise the right to ask somebody to stay for City ofMiami Page 84 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 an additional four years, and whether they like him or don't like him, I can't address that. Those are not legal issues. She's entitled to have those concerns and express them, but there is no legal argument that I could put forth against it. Commissioner Spence -Jones: Well, what's the contradiction? I guess that's -- what did you say Mr. Nottingham: Yeah, I will. Commissioner Spence -Jones: -- in the language? On one page, it said this, and the next page, it said that, because maybe there's just a error that was made that could maybe, perhaps, be -- Ms. Solares: Well -- right. Mr. Fernandez: What -- Mr. Nottingham: About -- Commissioner Spence -Jones: I'm asking the speaker. She said on one page, it said one thing, and then the next page, it said something else. Mr. Fernandez: At the discretion of the board, and the board is calling onto itself the exercise of discretion, which is a valid function for a board that's made up of the Chair and of members appointed. At the discretion of the board, the functions of the treasurer may be performed by an outside professional retained and approved by the board for these purposes. That's -- you know, boards called upon outside experts and professional to come in from time to time, that's certainly is the exercise of that board's discretion. The executive director cannot pick up the phone and call and do this with anyone he chooses. He needs to bring it to the board; the board approves it, and then it can be done. Chairman Gonzalez: All right. Any further discussion on the item? Vice Chairman Sanchez: Well, I think you've got to close the public hearing. Commissioner Sarnoff Wait, wait -- Chairman Gonzalez: Pardon me. Commissioner Sarnoff -- wait. Ms. Solares, do you have an exact passage reading that you think -- Commissioner Spence -Jones: Yeah. Commissioner Sarnoff -- is inconsistent? Because I'm hearing Commissioner Spence -Jones, and I just want to hear if there -- Ms. Solares: Yeah. Commissioner Sarnoff -- is an actual -- Ms. Solares: It's -- there is one particular section here, and I was looking where actually, the necessity for the -- Commissioner Sarnoff Just tell us where you are. City ofMiami Page 85 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Fernandez: What number, please? Ms. Solares: I am looking right now, sir, and it's -- what -- my main -- my whole issue is not distrust; it's a check and balance, and I do recognize that you say that there are some check and balances in place, and where the ability for someone to actually issue checks on -- without anybody else -- Mr. Fernandez: Double signatures. Ms. Solares: -- it will bring -- they will bring the issues to the board as to what it is that they've actually done. The fact that you're removing -- it's being removed, a monthly required report to this Commission and to the Mayor of this City on the requirement that's being removed from here, and then the report is going to be given whenever they ask. They can hardly cope with they've got right now, so I think that it's not -- Mr. Nottingham: We do a annual report. Ms. Solares: -- a good advice. It's not -- Mr. Nottingham: An annual report. Ms. Solares: -- a good -- Mr. Fernandez: Policy. Ms. Solares: -- step. These -- Vice Chairman Sanchez: Could the executive director answer that? Mr. Fernandez: Policy. Vice Chairman Sanchez: He needs to answer that. Mr. Nottingham: Every year we do a written annual report to the City, to this Commission. Every month we have our board meetings, which are public meetings. In those meetings, we have a very detailed financial reporting that is done. It's a standing agenda item, and a line item review of where we stand in the annual budget that has been approved by the board and by this Commission -- Ms. Solares: Right, but that's not -- Mr. Nottingham: -- so whatever discretion the executive director does have is within some very tight limits and controls. Ms. Solares: Yeah, but I believe this Commission and the Mayor of this City requires a monthly, because an annual report -- if there's been a problem running for about a year, and coming before this board after a year, then they say the horse is out of the bag. They need to see, on a monthly basis, what kind of money, where are the expenditures, where are the vouchers, and for them to look at and say, gee, you know, should we call the people from the Downtown Development Authority and hear and see -- we can't really understand this. Having a year pass without any type of reporting to this board, I don't think that's correct, sir. I really don't, and I object to this tremendously. This board has to have a report on a monthly basis of expenditures; every voucher that is paid out of millions and millions of dollars that people in City ofMiami Page 86 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 downtown Miami pays towards this board in ad valorem taxes. That's all I'm saying, sir; cannot go without it, this Authority going one year without reporting to you as to the monies being collected and what they're doing with it. Commissioner Sarnoff Can I re -characterize what you're saying? You're suggesting, essentially, that there'll be a report to this Commission on a monthly basis -- Mr. Nottingham: Yeah, (UNINTELLIGIBLE). Ms. Solares: It's required right now by the Code. Commissioner Sarnoff Right, which -- let me finish -- would be subject, I take it, to a Chapter 119 request, which any citizen could request, or it could be put online, versus having to go to a DDA meeting and listening to what they have to say on a monthly basis. That's -- it's a matter of convenience and a matter of reporting, so -- what you're suggesting is, on a practical application, if they do it this way, a whole year will go by -- Mr. Nottingham: I (UNINTELLIGIBLE). Commissioner Sarnoff -- where citizens, like yourself could audit and look at these reports and say, in month of May, five months in towards the calendar year, some money seems to be misappropriated, versus waiting for December or January, whatever their fiscal year is, that there is monies that seem to be missing. Ms. Solares: Right. Commissioner Sarnoff Is that --? OK. Mr. Nottingham: Commissioner -- Solares: Correct, correct, Mr. -- Commissioner Sarnoff, but I also have to tell you that putting -- I know it's a hearing that is open to the public, but we have -- the public has tremendous, tremendous thing, and the Code right now is very specific. They have to report to you. You know what you have in your -- in the budget. You know exactly what to do with your personnel; I don't. I truly don't. When you see something that is not correct coming from a board created by you, and the finances are not (UNINTELLIGIBLE), I suggest that that change not be made -- Vice Chairman Sanchez: Grace. Ms. Solares: -- that the continuation of the report to you, on a monthly basis, from them as to all the expenses continue being done, not just once a year. Mr. Nottingham: Commissioner, let me just make sure we're absolutely clear. We have an annual budget and we have a very detailed financial report that is done monthly. Vice Chairman Sanchez: Monthly. Mr. Nottingham: When I say "detailed, " it may be a 15-page document that shows the budget, commitments, expenditures, variances, month -to -month -to -month that report is available, and at the end of the year, there is a annual report that is done about the overall status of the organization, including the annual external audit that is done. Commissioner Sarnoff Well, let me stop you there for a moment. City ofMiami Page 87 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Nottingham: Yes, sir. Commissioner Sarnoff Supposing I'm very lazy and I don't like to go to DDAs; just don't like to do it, what is my ability as a citizen, my absolute (UNINTELLIGIBLE) to look at your monthly report right now, and then how would that change if we passed this. Mr. Nottingham: The information is available, and it's available to anybody in the public. Everything we have is available to anybody in the public. If someone called me, wrote me, said they wanted the report, I'll send them the report. Commissioner Sarnoff So you're -- Mr. Nottingham: I'll do whatever -- Commissioner Sarnoff No, no, no, no. Mr. Nottingham: -- you requested. Commissioner Sarnoff If -- because I -- what I'm hearing is a monthly report is sent to this Commission. I'm actually learning that right now myself. Mr. Nottingham: No. A monthly report is reviewed at the DDA board meeting in detail with 15 board members. Commissioner Sarnoff But what I'm hearing Ms. Solares say is that there's a requirement presently right now that you have to report to this Commission on a monthly basis. I guess whether we choose to read it or not -- Mr. Nottingham: Right. Commissioner Sarnoff -- is entirely up to our own -- Commissioner Regalado: I don't get it. Commissioner Sarnoff You don't get it? Commissioner Regalado: No. Mr. Fernandez: Well, in fact, you -- Commissioner Regalado: Well -- Mr. Fernandez: -- have not -- Commissioner Regalado: No, no. I don't get it. Do we need to get it, Mr. City attorney? Mr. Fernandez: Well -- Commissioner Regalado: No. Do we -- Mr. Fernandez: -- the reason -- Commissioner Regalado: -- need to get it? Because I don't get it. I read everything. City ofMiami Page 88 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Fernandez: The reason the ordinance is being amended is so that we can address inconsistencies that are existing. One of the inconsistencies that is existing is that you have language that could be very easily understood to impose an affirmative duty on the executive director to send that same report that he prepares and gives to the 15 members; he has now to spend $0.49 in five additional mailings and make sure that each of you gets that in order to comply with this. It hasn't been done in the past because the presumption has been that by your member of this Commission sitting there on behalf of this Commission and the other members getting this report monthly satisfied this requirement. Frankly, I found that to be nebulous, so when we were making the amendments to this ordinance, we said either let's eliminate it completely, which that was not acceptable, because a report is prepared regardless, or let's put language here that, in fact, creates the level of flexibility without raising the argument that, you know, we have been in default because we haven't done it in the past. Commissioner Sarnoff But what -- Mr. Fernandez: Do you understand what I'm trying to say? Commissioner Sarnoff No, I do, and I respect Commissioner Sanchez's ability, but I would think he'd want to throw that on my shoulders and my office shoulders and say, you know, Commissioner Sarnoff has been remiss because he equally had the opportunity and didn't look at this report, and let's say, you know, $35, 000 can't be accounted for, and I hear what Ms. Solares is saying, and she's suggesting, and I think pretty clearly on the record -- or maybe I'm not getting it very clearly, because I'm trying to find out -- well, you can't undo the past. I realize what has not been complied with or -- I'm not suggesting even that -- but going forward today, don't you want to put more obligations on the Commission and, thus, more reporting requirement so that we can be held accountable versus, you know, suggesting that this could be procured by a citizen requesting of the director of the DDA? I think most people are more comfortable talking to their Commissioners because they elect them. Mr. Fernandez: You know, I agree, and understanding the level of transparency that the executive director and this board always operates with, I propose to you that a motion would be in order to eliminate the words "and when requested, " and just leave it the way it is, and now he knows that from now on, it's an additional $3.50 to put something in the mail to the five of you, you know -- Vice Chairman Sanchez: No problem. Mr. Fernandez: -- and that eliminates this concern. Commissioner Sarnoff Well, that -- right, one of her concerns. Vice Chairman Sanchez: Once you close -- listen, once you close the public hearing, I would like three minutes. Commissioner Sarnoff Sorry. Mr. Fernandez: All right. Commissioner Regalado: If I -- Ms. Solares: OK. Commissioner Regalado: Mr. Chairman. City ofMiami Page 89 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: Yes. Commissioner Regalado: On the matter of information -- and this is for the City Attorney -- Commissioner Sarnoff is the area Commissioner, and he seems to be very interested in what is going on in his district, of course, and suppose that he decided to attend every meeting, as a sitting Commissioner and resident, and sits on the public hearing in the DDA. Now, suppose that he wants to opine in something. Now we have another member of the Commission and we vote on the budget and many issues of DDA. What does that does for him, in terms of the sunshine law? Can he attend those meetings or he cannot attend those meetings? Mr. Fernandez: He certainly can -- Chairman Gonzalez: He can. They're -- Mr. Fernandez: -- because he's not -- Commissioner Spence -Jones: It's open. Chairman Gonzalez: -- public hearing. Mr. Fernandez: -- a voting member. Commissioner Spence -Jones: It's open to the public. Mr. Fernandez: He doesn't participate in the affairs of the DDA. Commissioner Regalado: Well, participate. I said if he wants to issue an opinion or engage in a debate with members. Mr. Fernandez: As a member of the general public -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- he's very -- I'm sure he would be very welcomed. Commissioner Regalado: I'm just saying, because -- I mean, just a perception, so -- because it's a logical thing for an area Commissioner to do, so -- Mr. Fernandez: Certainly. Commissioner Regalado: -- just want to clarify that. Chairman Gonzalez: All right. You already express all of your concerns. Ms. Solares: Just to repeat on the transfer issue, which is the 14-58(8), do you have it with you? Commissioner Spence -Jones: No. I want to -- Ms. Solares: You don't have those things? Commissioner Spence -Jones: -- I have it, but I want to make sure he has it. City ofMiami Page 90 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Solares: (UNINTELLIGIBLE) presently, the treasurer keep financial records of the Authority, and together with the director, approves all expenditures of money of the Authority. Therefore, presently, two people have the -- have to approve all expenditure, the director and the treasurer. The proposed changes need approval of the treasurer, and therefore, only executive director has the authority to approve expenditures of the fund. My question was why are we giving the one person this authority? And then if you go to 14-60, which is on page 6 of the proposed legis -- 6 -- 5 of the proposed legislation -- Commissioner Sarnoff What page you on? Ms. Solares: -- you -- the page is page 5 of the 6. You did away with the transfer on the one that I just read. Now, on page 5, 14-60, it tells you here, tax collector shall transmit funds to collect to the appropriate office of the City responsible for handling the public money, et cetera. Such money shall be used for no purpose other than those purposes authorized in this article and, upon the approval of the board, pursuant to vouchers signed by the executive director -- Commissioner Sarnoff And the treasurer. Ms. Solares: -- and the treasurer -- we just removed on the other side -- or such other person authorized by the board of the Authority, so now that somebody else, who is going to come in signing? Why is that language being added? If you -- if the executive director and the treasurer could be the ones doing it, why are the peoples named by the board be able to authorize that as well that are not the board, because it would say the board -- or such other persons authorized by the board? That means somebody else from somewhere. I don't know. The recent -- gentlemen, you have to read this. I do think you have to read this, and come to your own conclusions on it. There are problems in here and there are others that are not problems. I told you, there are many other things that said I have no objections, but these things, I have some concerns that don't think should be voted on second reading, and it should be carefully done. Thank you so very much for attention -- Vice Chairman Sanchez: You're quite welcome. Chairman Gonzalez: Thank you. Ms. Solares: -- and I know you have -- Chairman Gonzalez: Anyone else from the public. Ms. Solares: -- now your three minutes. Chairman Gonzalez: OK. Seeing none, the public hearing is closed. It comes back to the Commission. Mr. Chairman -- Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: -- Vice Chairman. Vice Chairman Sanchez: -- I certainly welcome public input. I don't think, first of all, anybody's perfect. I took over the DDA not long ago. For -- one of the first things thatl did was to sit down with the executive director and with -- the executive director and his staff to discuss how we could, of course -- me taking on the leadership, how -- what we could do, and now I was informed that they were going through changes. This was going on way before I got there, as to modifying it to better serve the needs that -- the scope of their duties. The meetings City ofMiami Page 91 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 that we attended -- and once again, we welcome everyone to the meetings that we have. In those meetings, all those determinations to modify and amend the bylaws were done through committees and through the board members with plenty of input. I have very carefully read it. I have sat down with the City Attorney, who is there at every meeting, and we are very comfortable with this. This is here today on second reading. I am very comfortable with the changes. However, you know, I'm perfectly fine if the executive director wants to hold off on it and meet with Ms. Solares so we could come to an understanding of the issue, that would be great, but I'll tell you this much. I hope it's never the intent of anyone to come here and question anybody's integrity, not mine, nor the board, nor the members of the DDA, which are fine citizens of this great city, OK. I had an opportunity -- you've had your opportunity to talk; I will give you mine. I welcome you to every meeting. As a matter of fact, tomorrow, at 8 o'clock, we have one, and we provide breakfast and coffee, so please show up to that meeting, and -- Solares: It's not integrity, what I'm challenging here. What I am suggesting is a check and balance ability. Commissioner Sarnoff She's right. Ms. Solares: We are human beings. We can -- could make mistakes sometimes. We need to have the ability to check -- to have that check and balances. I am not doubting your integrity or anyone -- Vice Chairman Sanchez: Right. Ms. Solares. Ms. Solares: -- that's -- Commissioner Barreiro is one of them, and I have an enormous respect for him and his family. Vice Chairman Sanchez: And the checks and balances -- and I allowed you an opportunity to speak, again, out of order, but I allowed you the opportunity. The check and balance exists through all the meetings that we've had, and all the board members and the committee's inputs that we've had there, so there is checks and balances. This is something that was not rushed to be brought in front of this Commission. It went through many, many meetings with public notice, advertisement; having people to come forth and testify and participate, and yet, I am shocked that you've never participated in those meetings, and here you are today, and I respect that -- Solares: Never. Vice Chairman Sanchez: -- so we welcome you tomorrow -- Ms. Solares: Only because I saw these today. Vice Chairman Sanchez: -- hope to see you tomorrow at 8:30 in the morning there. Ms. Solares: Only because I saw these today. Vice Chairman Sanchez: OK, so having said that, Mr. Executive Director, I'm comfortable with it. I mean, would you like to -- I don't think this modification and just the changes on that one, where we will continue to provide that information to the board is perfectly fine by just amending those maybe three words or three letters -- Mr. Nottingham: Right. City ofMiami Page 92 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: -- three words, I'm OK with that, but other than that, I think we've beat this horse to death on that, so having said that, I am prepared to make a motion to modify the concerns that were brought forth and addressed by the City Attorney, where we will provide the Commission and anyone in the public who, by public records request, can request any information, not only the DDA, but every other entity of the City ofMiami that deals with the public funding, so Mr. Chairman, I would move with the amendment set forth and corrected by the City Attorney. Chairman Gonzalez: All right. We have a motion on SR.1, as amended. Is there a second? Commissioner Spence -Jones: I know that you had comments after we -- Commissioner Sarnoff I do. Commissioner Spence -Jones: -- came back, so I want to make sure you at least have your comments in -- Commissioner Sarnoff I think -- Commissioner Spence -Jones: -- before I -- Commissioner Sarnoff -- let me make my comments. Chairman Gonzalez: But let's -- excuse me for a minute -- try to get a second -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- and then we have discussion, and then we can, you know -- Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: -- hear from everyone. Commissioner Spence -Jones: -- I would like to at least hear from my colleague on the dais first before I second because he may say something that -- Chairman Gonzalez: All right. OK. That's your wish, go ahead. Commissioner Sarnoff Yeah. My -- I think you have to understand -- supposing you had this activist commissioner suddenly get elected and he suddenly became on this board and somebody that was just not generally appreciated. It's not -- you don't ever create legislation for a person; you create it for all people, for the good, for the bad, for the ugly, and her point is well taken, if you read it carefully, and I -- there is some language that says, very clearly, in 14-60, it says, "or such other person authorized by the board," and you think to yourself all right, that's a person who a board of directors has authorized, but it doesn't necessarily reconcile it with taking away the treasurer's section, which is found at 14-58(2), and I'm not suggesting Commissioner Sanchez has not reviewed this carefully; I haven't. I just haven't. I haven't had the opportunity to look at this. What I looked at probably more carefully and more closely were some of the agenda items with regard to board appointments, but maybe what I need to do is make a motion and ask for your courtesies and ask that you continue this for one meeting, so that we can look into this more carefully, and maybe engage Ms. Solares, and look at Section 2 and Section -- of 14-58 and 14-60, with the amendments that were proposed, which I think were good amendments. I'm not trying to slow up the process, but I don't want to be remiss either in just suggesting, you know -- I certainly trust Commissioner Sanchez, but he City ofMiami Page 93 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 SR.2 06-01775 Downtown Development Authority may not be there forever. Vice Chairman Sanchez: All right. I would withdraw my motion and second yours. Chairman Gonzalez: All right. We have a motion and we have a second to continue SR.1 for the January meeting, is that correct? January meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-884, 2-885, 2-886 AND 2-887 TO RECOGNIZE EXEMPTIONS PROVIDED BY OTHER CHARTER OR CODE PROVISIONS PERTAINING TO SPECIFIC BOARDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to defer Item SR.2 to the City Commission meeting currently scheduled for January 11, 2007. Direction by Vice Chairman Sanchez to the Executive Director of the DDA to schedule a meeting to address the issues raised concerning Item SR.2. Chairman Gonzalez: SR.2 -- Commissioner Regalado: Same. Chairman Gonzalez: -- is also pertaining to the DDA (Downtown Development Authority), right? Do you want to make a motion to -- Commissioner Spence -Jones: Want to continue that? Chairman Gonzalez: -- defer that, too, or --? Vice Chairman Sanchez: Does -- Solares, do you have some concerns with that one, too. Grace Solares: Ms. Solares is going to be up here a lot today. Vice Chairman Sanchez: It's -- we welcome you all the time. We're glad to have you here. Well, if -- you have some concern with this one. Ms. Solares: Yes, I do have some concerns. Vice Chairman Sanchez: So, so move to continue also. Chairman Gonzalez: All right. We have a motion -- City ofMiami Page 94 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: But could you -- Chairman Gonzalez: -- to defer. Vice Chairman Sanchez: -- before we do that, could you please put your concerns on the record -- Ms. Solares: Yes. Vice Chairman Sanchez: -- so we could work on them as quickly as possible? Ms. Solares: That's why I did -- yeah, as quickly as possible. This one calls for the amendments to the ordinance that actually deals with the standards, creation, and review of boards generally. This is the foundation, call it, from which you actually create the requirements for your other boards that you create. They're essential that there be kept in there, and one of the things that I was going to bring back in your packet, it says that whereas the board of directors of the Downtown Development at its meeting of July adopt a resolution recommending the City Commission an amendment to the ordinance governing the Downtown Development Authority. This is -- they're trying to do this in order to amend the downtown -- because it's what it says here, so if we were voting on that one before voting on this one, the vote on the other one would have been null and void because you didn't change this, but my point is that this cannot be changed. This is the foundation for all of them. Your requirements of attendance and boards can be actually amended without amending the underline standard requirements generally for boards. How? By adding a language that says, notwithstanding whatever it says there, we're going to create this, shall we say, new attendance or new requirements for the board. You do not need to amend this. This is the foundation. This -- that's exactly why it's called the "Administration, Boards, Committees, Commission standards for creation and review of boards generally." That's your foundation. The foundation of a house; you remove it, what's going to happen with the rest? It's going to fall. The position of the Roads Association on this one is that you -- these 2-884, 2-885, 2-886, and 2-887 not be amended whatsoever because there is no need. Another issue that you have on this one, which is a recurring theme throughout all of the amendments that are coming before you today -- Vice Chairman Sanchez: Yes. Ms. Solares: -- is number 3 that says, all ordinance or parts of ordinances that are inconsistent or in conflict with the provisions of this ordinance are repealed. Well, you -- guess what? You cannot do that, pursuant to your own code. Pursuant to Code -- I have it here -- and the sad part about it is you've been doing this all along, and in my having to sit down and read all of these things this time, it's (UNINTELLIGIBLE) that I quoted. I think it's Administration 1.8 with -- it requires that whenever it is that you, as a result of passing one amendment, that amendment is going to repeal others, you have to write what is it that is going to be repealed? It's just -- you cannot just do it that way, because it's like saying -- you're going to pass this ordinance today, and anything that is against what you're passing today is being repealed ad infinitum, exactly. Thank you. It says, it's amendment Section 1-8, amendments to the Code, subsection D, and it says every subsection, section, division, article, or chapter desired to be repealed must be specifically repealed by subsection, section, division, article, or chapter number. You cannot say everything is repealed that it goes against this. No. They have to give you and say, by the way, Commissioners, when you amend this Code today, you know what you're going to be doing also? You're going to be repealing this other one, and this other one, and then you have the education, the knowledge to say, hey, wait a minute. If I'm going to amend this today, I don't want to have an impact on that other Code. That other Code is very important. This is what you've been doing throughout, and that was wrong. It's improper. It's totally against your Code, and it's again repeated in every single amendment to the Code that City ofMiami Page 95 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 is coming before you today. Therefore, sir, gentlemen, Commissioners, this cannot pass, and this is the underlying general provisions for your boards. That is, I vote -- please, I request that you vote "no" to amending the underlying general provisions for all boards, Sections 8a (2), (4) -- 8a (4), (5), (6), and (7). Thank you so very much. Chairman Gonzalez: Thank you. All right. Anyone else from the public? Vice Chairman Sanchez: All right. Well, listen, I was going to defer the item. I just wanted to put her concerns -- are your concerns the same? Elvis Cruz: They're similar, but they're not the same. Vice Chairman Sanchez: You're recognized, sir. Mr. Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street, speaking on behalf of the Morningside Civic Association. Commissioners, we're discussing these issues today because of the actions of one citizen, one citizen who had the integrity and the nerve to stick her neck out and blow the whistle. Grace Solares saw the City was breaking its own rules in allowing non -city residents to sit on the Planning Advisory Board and the Zoning Board. Commissioners, you should be giving Ms. Solares an award today for her dedication to protecting the public interest. Instead, what is happening today is an attempt to further subvert the public interest, and once again, Grace is here trying to prevent it. The Morningside Civic Association is opposed to these amendments, to requirements of residency for our City boards. Moreover, you should be moving in the opposite direction. You should be introducing legislation to require City residency and voter registration for all members of all City boards. As an example, the most important board in this city is the City Commission. How would you feel if someone who didn't live in your district could run for your seat, or someone who did not live in the City could run for your seat? And yet, that's what's being proposed for these boards. I urge you to turn down these amendments and protect the public interest. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Bruce Reep: Bruce Reep, 3530 East Fairview Street, Miami, Florida. I concur with all of what's been said, butl also would like to go a little further, which is how important it is to us, as citizens -- these boards and their members are your eyes and ears of what goes on in our community. If they're not from our community, how informed can they be to ask the pertinent questions during those board meetings? You don't have the hours, nor the time to think of all the little things that may go on in those neighborhoods, so if these citizens aren't from our city - - it says here in your amendment, FR.1, an individual and an outstanding reputation. Of course, we would expect that. That's great, but what you're trying to take away is residents of the City. They could be from the moon, from another County. How much would they know about our neighborhoods and what goes on, and be able to, educatively [sic], ask the right questions to inform you properly? So to do away with those requirements of City residency, also why not be a voter? Why should they vote on your boards if they can be a voter? So you're taking away all these things that show that they're an active citizen that cares about their community. Being a voter is one of those, so I ask you to not deplete any of these, FR.1 through FR.9, that changes all these board requirements. Please, keep all boards and their integrity. As the gentleman asked previously, would you want somebody to come take your seat? You have to live here; they should have to live here. Thank you. Chairman Gonzalez: Thank you. Ma'am. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. If I could hand something out so you have a copy. I'm speaking on behalf ofMiami Neighborhoods United as the City ofMiami Page 96 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 communications director. Commissioner Sarnoff We're not discussing the FRs (First Readings), right? Commissioner Spence -Jones: I know. Vice Chairman Sanchez: We're not discussing that item -- Chairman Gonzalez: We're not -- Commissioner Sarnoff Right. Chairman Gonzalez: -- discussing that. I mean -- Vice Chairman Sanchez: -- but -- Chairman Gonzalez: -- they're talking, but -- Vice Chairman Sanchez: -- you know -- Commissioner Spence -Jones: So do you want to -- Chairman Gonzalez: -- we already had (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- close out on this item? Commissioner Sarnoff Does everybody realize we're not discussing the FRs yet? Chairman Gonzalez: No. Commissioner Spence -Jones: No. Commissioner Sarnoff I think -- Commissioner Spence -Jones: No. Commissioner Sarnoff -- everybody's getting a little -- Chairman Gonzalez: I mean -- Commissioner Sarnoff -- I mean, if -- we could maybe move it to be part of the record, but -- Chairman Gonzalez: All right. Commissioner Sarnoff -- I think we're ahead of ourselves. Chairman Gonzalez: We're going to -- now it's going to be part of the record whenever we get to FR.1 through -- Commissioner Sarnoff OK. Chairman Gonzalez: -- FR.9. Vice Chairman Sanchez: Let's -- City ofMiami Page 97 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: They already spoke on the item, so -- Commissioner Spence -Jones: Can we close out on this one, though? Commissioner Sarnoff We could close down the SR.2. I think we should. Vice Chairman Sanchez: There's a motion already on the table to defer the item. We'll bring it back at the next Commission meeting. I invite all those concerned with the DDA's amendments to the bylaws to -- executive director, if we could schedule a meeting to try to iron out these differences as quickly as possible, hopefully, tomorrow, right after the meeting, since we're going to be there in downtown, or at their convenience so we could address those concerns? And then we'll bring it back at the next Commission meeting. If there is no significant changes to the ordinance, then it could continue on second reading, and finally, we could vote this either up or down, whatever the will of this Commission is, so Mr. Chairman, there's a motion and a second on the floor to -- Priscilla A. Thompson (City Clerk): I'm sorry. There's no second. Vice Chairman Sanchez: -- defer the item. Commissioner Sarnoff Second. Ms. Thompson: Thank you. Vice Chairman Sanchez: I thought Marc made a second on it. OK. Chairman Gonzalez: OK. There's a motion and there is a second on SR.2 to defer, right? Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Yes. Chairman Gonzalez: To defer till the January meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The item has been defer. SR.3 06-01956 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), APPROVING AN AMENDMENT TO THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT," TO INCREASE THE OFF -DUTY POLICE ROVING PATROL SERVICES FROM SIXTEEN HOURS TO TWENTY-FOUR HOURS PER DAY, FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN City ofMiami Page 98 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 EFFECTIVE DATE. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12866 Chairman Gonzalez: Now we're going to move to, OK, SR.3. Vice Chairman Sanchez: I don't think there's any discussion on this one, is there? Chairman Gonzalez: This one -- I don't think so. You never know. Vice Chairman Sanchez: But it's an ordinance on second reading; it requires a public hearing. Chairman Gonzalez: That's correct. All right. SR.3, requires a public hearing. Anyone from the public that wants to speak on SR.3. Grace Solares: Yes, I do. Vice Chairman Sanchez: Grace. Ms. Solares: Yep. Is this the Sports and Exhibition Authority? Vice Chairman Sanchez: No, it is not. Commissioner Spence -Jones: No. Jorge L. Fernandez (City Attorney): No. Ms. Solares: Which one is it? The -- Commissioner Spence -Jones: Roving Security Guard Taxing District. Mr. Fernandez: Bay Heights. Vice Chairman Sanchez: Bay Heights. Commissioner Spence -Jones: Bay Heights. Ms. Solares: I don't want -- Vice Chairman Sanchez: All right. If you could close the public hearing, I'll make a motion. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We close the public hearing. We have a motion and we have a second. It's an ordinance. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. City ofMiami Page 99 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City ofMiami Page 100 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 ORDINANCES - FIRST READING FR.1 06-02064 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/ DIVISION 12, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY RELATIONS BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1152, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: FR.1. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner -- Chairman, I don't think you realize, we did not do the emergency ordinance, and I don't know if you want to take that, since you're in the ordinances section. Chairman Gonzalez: That was EM.1 ? Ms. Thompson: Yes, EM.1 Chairman Gonzalez: All right. Let's go back to EM.1 then. Vice Chairman Sanchez: Mr. Chairman, it -- let me just make a recommendation. Why don't we take up FR.1 through -- Chairman Gonzalez: FR.9. Vice Chairman Sanchez: -- FR.9 maybe 2:30, first item at 2:30, in that way -- Commissioner Regalado: Huh? Vice Chairman Sanchez: There are nine items. You want to take -- I mean, I'll take them up whenever you want to, but I mean, I suggest -- Commissioner Spence -Jones: Well, you've got a lot of people here. Vice Chairman Sanchez: -- that maybe -- Chairman Gonzalez: All right, all right. Commissioner Regalado: I would do it now -- City ofMiami Page 101 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Because they're all here. Commissioner Regalado: -- I mean, and -- Vice Chairman Sanchez: You want to do it now? Commissioner Regalado: -- work until -- Vice Chairman Sanchez: FR.1. Commissioner Regalado: -- everything is finished -- Commissioner Spence -Jones: But -- Commissioner Regalado: -- because they are here for these items. Vice Chairman Sanchez: But some of the record -- some of it already been put on the record, unless -- Grace Solares: Going to deal with the emergency? Vice Chairman Sanchez: No, no. We're going to deal with -- whatever the Chairman wants to do. Commissioner Spence -Jones: Yeah. It's -- Chairman Gonzalez: Yeah, let's deal with it. I mean, try to -- Vice Chairman Sanchez: FR.1? Chairman Gonzalez: -- deal with -- yeah. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: So you don't -- Chairman Gonzalez: Now till 12:30, and then we'll recess, and if we're not finished, we'll come back at 2 o'clock, 2:30. [Later..] Vice Chairman Sanchez: Ladies and gentlemen, the Commission meeting is being called back to order after recess. If I could have your attention, the Chair is running in -- a little late. Apparently, he did not feel well and he went to get his blood pressure checked, so we're hoping that he would come back, but apparently, I've been told by his staff that he may not come back, so we will have -- All right. We have a quorum. Well go ahead and start. I would like to have FR.1 through FR.9 deferred at this time. I would respectfully request a motion to defer the item. Commissioner Regalado: But defer to? Vice Chairman Sanchez: To the next Commission meeting. City ofMiami Page 102 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff FR.1 through? Vice Chairman Sanchez: Nine. Commissioner Regalado: All the boards, you mean? Vice Chairman Sanchez: All the boards. Commissioner Regalado: But why are we doing this? Vice Chairman Sanchez: Because, apparently, we don't have enough Commissioners here to get it passed -- Commissioner Sarnoff (INAUDIBLE) Vice Chairman Sanchez: -- or being voted down. No. It takes 3/2. Priscilla A. Thompson (City Clerk): I'm sorry. Can you check your mike to make sure --? Commissioner Regalado: Oh, if we have four members of the Commission. Vice Chairman Sanchez: Well, I would respectfully request to have a full Commission here. I mean, that's -- Commissioner Regalado: Well, I mean, I just -- Vice Chairman Sanchez: Do I hear a motion to defer the items? Commissioner Regalado: I can't -- Mr. Chairman, I cannot do it because most of the people that have been here all morning are for these item. It's just -- Commissioner Sarnoff Is Commissioner Spence -Jones coming back? Does anybody know that one? Vice Chairman Sanchez: She is running a little late, and once again, I think out of professional courtesy, if we've ever had -- Commissioner Sarnoff I will make -- Vice Chairman Sanchez: -- professional courtesy -- Commissioner Sarnoff -- a mo -- I'll make a motion that it be deferred. Vice Chairman Sanchez: -- in the eight years that I've been here, just like -- Commissioner Sarnoff I'll make the motion that it be deferred. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: I'll second the motion, although I think -- Vice Chairman Sanchez: Thank you so much. There's a motion and a second. All in favor, say "aye." City ofMiami Page 103 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the items are being deferred to the next Commission meeting. All right. That takes us to FR.10. Pedro G. Hernandez (City Manager): FR.10 was deferred. Vice Chairman Sanchez: FR.10 was deferred? Mr. Hernandez: Yes. It was deferred at the beginning -- Vice Chairman Sanchez: All right. Mr. Hernandez: -- of the meeting. Ms. Thompson: Yes. Commissioner Regalado: Does -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- Commissioner Spence -Jones knows that we defer all the boards? Vice Chairman Sanchez: She is aware. FR.2 06-02065 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," MORE PARTICULARLY BY AMENDING SECTION 2-923, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.3 06-02066 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/DIVISION 6, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," MORE PARTICULARLY BY AMENDING SECTION 2-1013, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING City ofMiami Page 104 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.4 06-02067 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 53/ARTICLE II/DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/CITY STADIUMS/ORANGE BOWL ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 53-123, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.5 06-02069 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 38/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/BAYFRONT PARK MANAGEMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 38-103, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.6 06-02091 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 46, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PUBLIC NUISANCES," MORE PARTICULARLY BY AMENDING SECTION 46-2, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 105 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.7 06-02092 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 29/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 29-123, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.8 06-02093 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 54/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/STREET CODESIGNATION REVIEW COMMITTEE," MORE PARTICULARLY BY AMENDING SECTION 54-140, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.9 06-02107 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/DIVISION 5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/EQUAL OPPORTUNITY ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-981, TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS; City ofMiami Page 106 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer Items FR.1 through FR.9 to the City Commission meeting currently scheduled for January 11, 2007. [Minutes related to items FR.2 - FR.9 are located under item FR.1.] FR.10 06-02160 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor EXISTING JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE tation COUNTY ("COUNTY"), FOR THE ROADWAY PROJECT ON SOUTH MIAMI AVENUE, FROM SOUTHEAST 25TH ROAD TO SOUTHEAST 15TH ROAD, MIAMI, FLORIDA, "PROJECT B-60479," IN ORDER TO ACCEPT AN ADDITIONAL FUNDING CONTRIBUTION OF AN AMOUNT NOT TO EXCEED $350,000, FROM THE COUNTY, FOR SAID PROJECT; FURTHER AUTHORIZING THE USE OF A PORTION OF CITY FUNDING PREVIOUSLY ALLOCATED FOR THE PROJECT, AS PART OF THE CAPITAL PLAN, AS THE REQUIRED MATCH TO THE COUNTY'S CONTRIBUTION. DEFERRED Note for the Record: Item FR.10 was deferred to the City Commission meeting currently scheduled for January 11, 2007. City ofMiami Page 107 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 RESOLUTIONS RE.1 06-02163 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY"), FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI (CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $10,000,000, TO BE EXPENDED AS NECESSARY THROUGHOUT THE FISCAL YEAR, FOR A ONE-YEAR PERIOD, PURSUANT TO AN INTERLOCAL AGREEMENT ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND THE COUNTY; STIPULATING THAT THIS AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING & PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 04001.213000.549000.0000.00000. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-06-0728 Vice Chairman Sanchez: All right, so Madam Clerk, what items do we have, since I'm taking over now? Did you provide a list? Priscilla A. Thompson (City Clerk): Yes. Vice Chairman Sanchez: All right. Let's see if we can make up some time. Basically -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- some of these -- the agenda items we could move forward. where are we at, Madam Clerk? Ms. Thompson: OK. If we've just continued all of the FRs (First Readings), so that was FR.1 through 9 are continued -- Vice Chairman Sanchez: Yes, and -- Ms. Thompson: -- so you still -- you can start off now with RE.1. Vice Chairman Sanchez: RE.1. OK, RE.1. RE.1 is a resolution. Sir, you're recognized, Solid Waste. Mario Soldevilla: Mario Soldevilla, director of Solid Waste. Commissioners, this is a resolution authorizing the payment for scale fees to Miami -Dade County. The resolution before you was a substitution that was provided to all the Commissioners last Tuesday. The reason for the substitution was that the scale fees changed between the time that they gave us their original estimate to when they were approved in October. The total dollar figures, however, hasn't changed. Vice Chairman Sanchez: OK. Any questions on this resolution? City ofMiami Page 108 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: I just have one quick que -- I don't really have a question -- Vice Chairman Sanchez: Commissioner Spence -Jones, you're recognized on -- Commissioner Spence -Jones: Actually, I don't -- Vice Chairman Sanchez: -- RE.1. Commissioner Spence -Jones: -- let's go ahead and deal with the item first and let's get that out of the way, then I have a question after that. Go ahead. Vice Chairman Sanchez: All right. RE.1, is there any discussion on RE.1? Could someone introduce a motion and a second? Commissioner Regalado: So make the motion. Vice Chairman Sanchez: Motion by Commissioner Regalado. Is there a second? Commissioner Sarnoff Second the motion. Vice Chairman Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Is this the item you want to discuss? Commissioner Spence -Jones: Yeah. I just want to just make a point to this. I don't have really a big issue, and I just want to ask you something, Mariano [sic], and actually, the Manager. The -- just -- I was trying to get a full update, and I asked earlier on the issue of the garbage trucks, since I have Mario here. Pedro G. Hernandez (City Manager): Sure. Commissioner Spence -Jones: I really want to be clear. I know that that was one of the big issues that I pushed during the budget, and because of the fire truck -- I mean, the garbage trucks catching on fire, and how I really wanted to make sure that we got the new garbage trucks, and we're still having issues with the garbage trucks that we have. Do you know when the new garbage trucks are going to be in? Mr. Hernandez: Commissioner, we have ordered five, and Mario can tell you exactly when they're coming in -- Soldevilla: Yeah. Mr. Hernandez: -- but beyond that, more importantly, is the fact that we just had a meeting -- well, in the break, I had a meeting with Larry Spring, and understanding the significance of this concern, we're going to bring a recommendation to the City Commission in January to move forward and buy another 11 to replace the 11 Lodals that we still have because we can't continue to take those risks. Commissioner Spence -Jones: Yeah. That was my concern. I understand we had a fire two weeks ago, correct? Mr. Soldevilla: That's correct. City ofMiami Page 109 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Yeah. We just -- you know, we can't do that to our employees, and I just wanted to make sure that -- so the other five are on their way, or --? Mr. Soldevilla: Commissioner, as we -- no. As we speak, the requisition has been put in, and fortunately, the chassises have already been built, so it will take between 45 to 60 days to get the trucks in. The chassis needs to be shipped to where we put the body in, and the body takes about 45 days. Commissioner Spence -Jones: OK, thanks. Vice Chairman Sanchez: All right. On the item, on the -- Mr. Soldevilla: Yes, sir. Vice Chairman Sanchez: -- tipping fees that we are discussing, every year we are at the mercy of the County, and every year, there is an increase. Mr. Soldevilla: Yes, sir. Vice Chairman Sanchez: Has the City looked into exploring other possibilities in the future as to what we could do? I mean, we're at the mercy of the County every year when it comes to the tipping fees, and it never -- you know, it's like everything; nothing goes down, everything goes up. Mr. Soldevilla: Right now we got an interlocal agreement. The interlocal agreement carries us through the year 2015. Now part of what we want to do this year is to develop a master plan for Solid Waste. The master plan is going to encompass all the options that we can have, and we will then present them to you. Vice Chairman Sanchez: I mean, with the technology today, there's got to be, possibly in the future, maybe some other ways that we could save the taxpayers money on exposing -- you know, throwing away our garbage and our -- Mr. Soldevilla: Absolutely. Vice Chairman Sanchez: All right. There's a motion and a second on this resolution. All in favor, say "aye." Madam Clerk? Ms. Thompson: Sorry. Just wanted to make sure that we understood this one has a substitution. Mr. Soldevilla: Yes. Ms. Thompson: OK, so it's stated on the record, so it'll be "as modified." Vice Chairman Sanchez: All right, so -- Mr. Soldevilla: Correct. Vice Chairman Sanchez: -- there's a motion and a second, as modified. The resolution has been discussed. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 110 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.2 06-02164 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ACCEPTING A GRANT RECEIVED FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), IN THE AMOUNT OF $1,000,000, FOR THE BICENTENNIAL PARK SHORELINE STABILIZATION -STAGE III, PROJECT B-30310; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE SECOND SERIES HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, PREVIOUSLY APPROVED BY VOTER REFERENDUM FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0727 Vice Chairman Sanchez: And we go to RE. 2. RE.2 is also a resolution. It's accepting a grant. Is there anybody here? There has to be somebody from the department to speak on this item. Pedro G. Hernandez (City Manager): Commissioner, basically, this is a Florida Inland Navigational [sic] District grant of a million dollars that will be matched by the City, and this is for the shoreline stabilization at Bicentennial Park. Vice Chairman Sanchez: CIP (Capital Improvements Program), step up. Mary Conway (Chief of Operations): Mary Conway, on behalf of Capital Improvements. This is accepting a second FIND (Florida Inland Navigation District) grant in the amount of a million dollars for phase III of the seawall construction, which basically is the portion of the seawall that's up against the American Airlines Arena, and then we are also committing matching funds, which are already in place. Vice Chairman Sanchez: All right. Any question on the item? Commissioner Regalado: No. Vice Chairman Sanchez: I have a couple of questions. One is, are we halfway done with this work? Ms. Conway: With -- Vice Chairman Sanchez: Where are we at on it? Ms. Conway: -- the phase III work? City ofMiami Page 111 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: Right. Ms. Conway: The phase III work is under contract. These are additional monies that will offset the City's need to identify funding for this project. Vice Chairman Sanchez: OK. What is the breakdown for all the funding sources we've used for this project, since you're breaking it down? Because, I mean, it's been in front of us a couple of Ms. Conway: We -- Vice Chairman Sanchez: -- times already. Ms. Conway: -- this will now be the fourth grant from FIND, Florida Inland Navigation District. We've used Homeland Defense bond monies for Bicentennial for the seawall. We also, I believe, have had some limited general fund contributions, and that pretty much is all of it. Vice Chairman Sanchez: How much would it cost at the end of completion? Ms. Conway: For the entire project? Vice Chairman Sanchez: For the entire -- all phases. Ms. Conway: We're probably around $12 million for the entire project. This last phase was one of the most expensive phases because of the fact that we did not have an area to stage or mobilize, and the construction is taking place off barges. Whereas, with the first two phases, we were able to have the construction equipment staged in Bicentennial Park. Vice Chairman Sanchez: All right. Any further questions on the item? If not, it's a resolution. There's been a motion and a second. Is there a motion? Commissioner Sarnoff I move. Vice Chairman Sanchez: So move by Sarnoff -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second by Jones -- Spence -Jones. Any further discussion on the item? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.3 06-02166 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TRI-PARTY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT AND FLAGSTONE ISLAND GARDENS, LLC, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES, FOR THE FLAGSTONE ISLAND GARDENS DEVELOPMENT ON WATSON ISLAND. City ofMiami Page 112 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0729 Vice Chairman Sanchez: And we go to FR.3 [sic]. It's a resolution. Laura Billberry (Director, Public Facilities): FR (First Reading) or -- Commissioner Spence -Jones: FR.3? Ms. Billberry: -- RE (Resolution)? Vice Chairman Sanchez: F -- I'm sorry. FR.3. Commissioner Spence -Jones: No, no, R.3 [sic]. Ms. Billberry: RE.3. Commissioner Spence -Jones: RE.3. Vice Chairman Sanchez: RE.3, FR.3, whatever. Ms. Billberry: Lori Billberry, Public Facilities. The item before you is authorizing the City Manager to enter into a tri-party agreement with County Water & Sewer and the Flagstone Island Gardens. This is for the provision of water and sewer services for the Flagstone project and all the costs of constructing these lines will be borne by Flagstone, and the City is just required to sign as an owner of the property. Vice Chairman Sanchez: All right. It's a resolution. Is there a motion? Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: There's a motion by Commissioner -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Sarnoff, second by Commissioner Spence -Jones. The item is under discussion. This is RE.3, for the record. It's a resolution. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing, none, the motion carries. RE.4 06-02167 RESOLUTION City ofMiami Page 113 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), MAKING APPROPRIATIONS RELATING TO CAPITAL Improvement PROJECTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007; Programs/Transpor FURTHER AMENDING PRIOR YEAR APPROPRIATIONS TO CONTINUE tation PREVIOUSLY APPROVED PROJECTS. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0730 Vice Chairman Sanchez: And we go to RE.4. RE.4 is CIP (Capital Improvements Program)/Transportation. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. This item is requesting appropriation of recurring funding sources approved in the 2007 budget for capital expenditures, reallocating Homeland Defense Bond Series 1 funds and appropriating new grants. Vice Chairman Sanchez: All right. It's a resolution. Is there a motion? Commissioner Spence -Jones: I just have a quick question, Mr. Chairman. Vice Chairman Sanchez: All right. Could we have a motion and a second for the purpose of discussion? Commissioner Sarnoff I have a mo -- I'll move -- I'll so move. Vice Chairman Sanchez: There's a motion by -- Commissioner Spence -Jones: Second, with a question. Vice Chairman Sanchez: -- Commissioner Sarnoff, second by Commissioner Spence -Jones. The item is under discussion. Commissioner Spence -Jones, you're recognized for discussion. Commissioner Spence -Jones: I just want to make sure -- and thank you so much, Gary, for giving me the -- a full briefing and a understanding of the projects. You know how uncomfortable a lot of times I am about shifting money from my district or taking away from certain projects. I just want to make sure that the Spring Garden folks that have been trying to get the Seybold House -- at least to kind of get an understanding that that at least moving in the right direction, and that there has been some communication with them regarding that item. Mary Conway (Chief of Operations): Mary Conway. Yes, there has been. You may recall, we had made a grant application for the Seybold House. Unfortunately, the State denied that grant request. What we are doing now is looking at paring back the scope for the proposed renovation of that historic property. Initially, there was intended to be a full living quarters, so now we're starting the effort of taking a look at how we can scale back on the scope, and hopefully, bring the project back within budget or as close within the fundings -- the historic preservation dollars that are already allocated for Seybold House in the bond. Commissioner Spence -Jones: So we're just moving these monies now, but we'll be moving them back? Is that what you're saying? City ofMiami Page 114 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 RE.5 06-02168 Department of Capital Improvement Programs/Transpor tation Ms. Conway: Well, we're moving these monies out to second series because we can't spend them -- Commissioner Spence -Jones: Right. Ms. Conway: -- on a timely basis -- Commissioner Spence -Jones: OK, no problem -- Ms. Conway: -- but the monies are still there. Commissioner Spence -Jones: -- and the Spring Gardens [sic] group is -- has been notified, right? Ms. Conway: Yes -- Commissioner Spence -Jones: All right. Ms. Conway: -- and we need to continue our discussions as far as what the scope will become. Commissioner Spence -Jones: OK. Thank you, Mary. Vice Chairman Sanchez: All right. RE.4, it's a resolution. The motion has been made by Commissioner Sarnoff, second by Commissioner Spence -Jones. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we're moving right along. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INTERCOUNTY LABORATORIES-USL, INC., PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-109, TO PROVIDE SERVICES FOR THE VIRGINIA KEY ENVIRONMENTAL ASSESSMENT AND REMEDIATION PROJECT, B-35002, IN AN AMOUNT NOT TO EXCEED $650,000, CONSISTING OF $627,876, FOR SERVICES, PLUS A $22,124, OWNER'S CONTINGENCY, AS STATED HEREIN; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-35002; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED $510,980, AS STATED HEREIN, SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SCOPE AND FEES FOR PHASES II AND III OF SAID PROJECT, SUBJECT TO CITY COMMISSION APPROVAL. DEFERRED Note for the Record: Item RE.5 was deferred to the City Commission meeting currently scheduled for January 11, 2007. City ofMiami Page 115 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 RE.6 06-02169 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), AUTHORIZING PAYMENT TO WASTE MANAGEMENT, INC. OF FLORIDA, FOR THE DISPOSAL AND PROCESSING OF YARD WASTE, IN AND BY THE CITY OF MIAMI (CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $1,380,000, TO BE EXPENDED AS NECESSARY THROUGHOUT THE FISCAL YEAR FOR A ONE-YEAR PERIOD, PURSUANT TO A PIGGYBACK OF AN EXISTING CORAL GABLES CONTRACT, FOR WASTE MANAGEMENT INC. OF FLORIDA; STIPULATING THAT SAID AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING & PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531. WITHDRAWN RE.7 06-02170 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; AUTHORIZING THE PURCHASE OF PARADE PRODUCTION SERVICES FOR THE MIAMI HEAT CELEBRATION PARADE FROM PETE DIAZ PRODUCTIONS, INC., IN AN AMOUNT NOT TO EXCEED $89,000; ALLOCATING FUNDS FROM THE FISCAL YEAR 2005-2006, ACCOUNT CODE NO. 001000.980000.548000. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0731 Vice Chairman Sanchez: RE.5. It's also a resolution. Priscilla A. Thompson (City Clerk): RE.7. Commissioner Sarnoff It's deferred. Ms. Thompson: 5 and 6 were deferred. Commissioner Spence -Jones: Deferred. Vice Chairman Sanchez: OK. I wasn't paying attention in the morning. All right. RE.7. RE.7 is also a resolution. It requires a four fifth affirmative vote. City Manager's Office. Sir, you're recognized. Glenn Marcos: Glenn Marcos, Purchasing director. The following item before you is the emergency procurement of parade production services for the Miami Heat parade that took place back in June, celebrating the world championship. City ofMiami Page 116 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: All right. It's a resolution. Is there a motion? It's basically ratifying, and the County gives us half of the money? Mr. Marcos: We are trying to receive half of the money from the actual County, and for the record, we did go through an informal competitive process because of the fact that there was some time constraints to plan out the actual parade. We ended up notifying five vendors. We ended up receiving three bids, and we made the award to the lowest responsive and responsible bidder. Commissioner Spence -Jones: And the reason why we're doing it this way is because it was a very short period, right, of time? Mr. Marcos: That is correct. Vice Chairman Sanchez: That's the price you pay for winning a championship. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion and a second. The item is under discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." Requires a four fifth vote. Roll call, Madam Clerk. Ms. Thompson: Roll call. Commissioner Sarnoff? Vice Chairman Sanchez: It's time to fish or cut bait. Commissioner Sarnoff I wasn't there. I didn't get to enjoy, but I'll say "yes." Agree. Maybe next -- maybe this year. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: Maybe. Ms. Thompson: I -- Vice Chairman Sanchez: Is that a 'yes" or a "no?" Commissioner Sarnoff Oh, that was a "yes." I apologize. Ms. Thompson: Oh, I'm -- Vice Chairman Sanchez: Oh, OK. Ms. Thompson: -- sorry. Thank you. Commi -- Vice Chairman Sanchez: All right. It's a 'yes, "Madam Clerk -- Commissioner Sarnoff Unless we can revisit. City ofMiami Page 117 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: -- for the record. Ms. Thompson: OK. Vice Chairman Sanchez: Roll call. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: The resolution has been adopted, 4/0. RE.8 06-02171 RESOLUTION Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Management Trust SALARY OF THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST IN THE ANNUAL AMOUNT OF $119,000. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Gonzalez R-06-0732 Vice Chairman Sanchez: OK, RE.8. RE.8 is a resolution, the Bayfront Park Trust. Is the executive director here? All right. It's a resolution and -- basically, accepting the board -- executive director's raise, and that's what he's making now. Is there a motion to approve or deny? Commissioner Regalado: I'll move it. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Spence -Jones. It's a resolution. Open for discussion. Hearing no discussion on the item, all in favor, say "aye." Anyone in opposition, having the same right, say "no," and I will say no to the item because I was the only one that voted against it at Bayfront Park, believe it or not -- Commissioner Sarnoff I like that. Vice Chairman Sanchez: -- so -- Priscilla A. Thompson (City Clerk): So that'll be a 3/1 ? City ofMiami Page 118 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 RE.9 06-02172 Department of Finance Vice Chairman Sanchez: Yes, 3/1. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, APPROVING THE ISSUANCE OF NOT TO EXCEED $40,000,000 CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY, HEALTH SYSTEM REVENUE BONDS, CATHOLIC HEALTH EAST ISSUE, SERIES 2006, FOR PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.10 06-02177 Department of Economic Development R-06-0726 Chairman Gonzalez: All right. Before we recess for lunch, I hope -- first, I want to ask, if there is any controversy on RE.9, which is approving issuance of health system revenue bonds? The question -- Commissioner Regalado: No. No. It doesn't have to do anything other than what the health facility. I will move it even. Chairman Gonzalez: OK, because I have Senator Kenny Myers is here. He's been waiting all day long. I don't want to have him go out and come back in the afternoon for an item that is not controversial, so -- Commissioner Regalado: I will move it, Mr. Chairman. I was briefed completely. Chairman Gonzalez: All right. We have a motion on -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- RE.9, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: I'm sorry. Let me see -- wait, wait, wait. It's a resolution, OK. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"), PROVIDING AN EXTENSION OF THE DEADLINE FOR THE RECEIPT OF CERTIFICATES OF OCCUPANCY AND THE SALE OF EIGHTY-ONE (81) OF THE PROJECT'S RESIDENTIAL CONDOMINIUM UNITS, UNTIL JUNE 30, 2007. City ofMiami Page 119 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0733 Vice Chairman Sanchez: OK, RE.9. Jorge L. Fernandez (City Attorney): It's already passed. Vice Chairman Sanchez: OK. Help me out here. Trying to make some time. RE -- Commissioner Spence -Jones: 10. Vice Chairman Sanchez: -- 10. RE.10 is a resolution. That's the -- Priscilla A. Thompson (City Clerk): I'm sorry. Let's make sure -- Vice Chairman Sanchez: -- department -- Ms. Thompson: I'm sorry. I still have RE.9 on my list here. Commissioner Spence -Jones: We did -- he -- Pedro G. Hernandez (City Manager): That was in -- Commissioner Spence -Jones: -- took it out of order -- Commissioner Regalado: It was -- Commissioner Spence -Jones: -- Madam Clerk. Commissioner Regalado: -- approved because the bond counsel was here in the morning. Ms. Thompson: You're absolutely correct. Mr. Hernandez: Just before the break. Ms. Thompson: Thank you. Vice Chairman Sanchez: Well, Madam Clerk, I'm glad to see I wasn't the only one sleeping this morning. Ms. Thompson: I am not perfect. Thank goodness. Vice Chairman Sanchez: Neither am I. All right, so where do we go from here, RE.10? Ms. Thompson: RE.10. Vice Chairman Sanchez: All right. RE.10, it's a resolution. Department of Economic Development, you're recognized. Lisa Mazique (Director): Thank you, Commissioners. Lisa Mazique, Economic Development. City ofMiami Page 120 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 What we have here is a resolution to ask for an extension for Flagler First Condominium to complete a project that had been approved by this Commission one year ago. They're asking for an additional six months to complete the units, which 81 affordable housing units are to be completed, which is a County requirement. This particular project was committed a million eight from the Affordable Housing Trust, and I have Mr. Sergio Rok here if you have any additional questions of the developer himself. Vice Chairman Sanchez: OK. It's a resolution, and basically, it's asking for the extension -- another extension. Ms. Mazique: Yes, sir. However, we have put some teeth into it in the event of default. The interest will accrue from the date of the first extension. Vice Chairman Sanchez: So from now on, we will be charging interest? Ms. Mazique: Yes, sir. Vice Chairman Sanchez: State that for the record. Ms. Mazique: Yes. Vice Chairman Sanchez: OK. Ms. Mazique: We'll be charging interest in the -- in a default -- if the units do not get completed by this new extension of June. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Regalado: I'll second it. Vice Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. On the discussion, I'm glad to see that we have implemented charging an interest from now on, and basically, adding more teeth to it. I'm sure they'll complete the project, but at the end of the day -- Mazique: And we visited the location and it is well underway. We're very comfortable. Vice Chairman Sanchez: So did I, so it's OK. OK. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 121 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 BOARDS AND COMMITTEES BC.1 06-01075 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Constance Gilbert Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0740 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Constance Gilbert as a member of the Miami Street Codesignation Review Committee. Vice Chairman Sanchez: And we move on to board appointments and committees. I, for one, am going to defer all mine. Is there anybody else who's going to defer theirs? Commissioner Sarnoff Yes. Vice Chairman Sanchez: Yes? Commissioner Spence -Jones: You're deferring? Vice Chairman Sanchez: OK. My appointments, yes. Yes, all my appointments I will be deferring, so for the record, the Chair speaks last, so therefore, Commissioner Sarnoff is deferring his appointments. Commissioner Regalado? Commissioner Regalado: OK. I only have three appointments. Vice Chairman Sanchez: All right, but wait, wait. We'll go through them so that way I can keep some order. I'll go through them. Which are the ones that you have, so I could go to them? Commissioner Regalado: BC.3, defer. Vice Chairman Sanchez: No. Just give me the ones you're going to make an appointment. Commissioner Regalado: OK. Vice Chairman Sanchez: BC (Boards & Committees) what? City ofMiami Page 122 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: BC.10. Vice Chairman Sanchez: 10. Which one else? Which else? Commissioner Regalado: That's it. Vice Chairman Sanchez: You're going to make one appointment only? Commissioner Regalado: Yeah. That's the only one I have. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: Yes, sir. Vice Chairman Sanchez: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. I'd like -- BC.2. I'd like to appoint Anthony Cutler. Vice Chairman Sanchez: All right. There's a motion. Is there --? Priscilla A. Thompson (City Clerk): OK. If might, it'll be much easier for us if we followed the agenda because that way the record would -- Commissioner Spence -Jones: OK. Ms. Thompson: -- be complete, and because -- Vice Chairman Sanchez: All right. Madam Clerk -- Ms. Thompson: -- Commissioner Spence -Jones has an appointment for BC.1. Vice Chairman Sanchez: Yes. All right. Ms. Thompson: OK. Vice Chairman Sanchez: Madam Clerk, for the record, Commissioner Sarnoff and myself will be deferring all our appointments -- Ms. Thompson: Correct. Vice Chairman Sanchez: -- so I'll just go from the top, making it much easier for you -- Ms. Thompson: Thank you. Vice Chairman Sanchez: -- and then Commissioner Regalado only has one appointment, which is BC.10 -- Ms. Thompson: Good. Thank you. Vice Chairman Sanchez: -- so BC.1, Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: BC.1 is Constance Gilbert, so she's already an appointee, so I'm just reappointing her? Is that --? City ofMiami Page 123 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Thompson: Yes. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: All right. There's a second. There's no waiver? She's got to be -- Ms. Thompson: No. That -- she's fine. Vice Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we're done with BC.1. BC.2 06-01412 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Anthony S. Cutler, Sr. Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0741 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Anthony S. Cutler, Sr. as a member of the Equal Opportunity Advisory Board. Vice Chairman Sanchez: Well go to BC.2. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: Commissioner Spence -Jones -- Commissioner Spence -Jones: BC.2 -- Vice Chairman Sanchez: -- you're recognized. Commissioner Spence -Jones: -- I'd like to nominate Anthony Cutler. City ofMiami Page 124 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: All right. There's a motion for appointment. Is there a second? Commissioner Sarnoff I'll second. Commissioner Regalado: Second. Vice Chairman Sanchez: There's second, for the record, by Commissioner Sarnoff. Any discussion on the appointment? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.3 06-01413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: DEFERRED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Commissioner Marc Sarnoff Commissioner Tomas Regalado Vice Chairman Sanchez: We go to BC.3. BC.3, there is no appointment for you, Commissioner Spence -Jones. BC.4 06-02047 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: George Stanley Commissioner Michelle Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0742 City ofMiami Page 125 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 was passed unanimously, with Chairman Gonzalez absent, to appoint George Stanley as a member of the Parks Advisory Board. Vice Chairman Sanchez: So we go to BC.4. BC.4, you have two appointments. Commissioner Spence -Jones: I'm only going to, at this time, appoint a new person, which is Mr. George Stanley. Vice Chairman Sanchez: All right. There's a motion to appoint Mr. Stanley. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Discussion on the appointment. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." BC.5 06-02125 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nicole Wild Commissioner Michelle Spence -Jones Rosa Green Commissioner Michelle Spence -Jones Gerald Muhammad Commissioner Michelle Spence -Jones Charles Cutler Commissioner Michelle Spence -Jones Dr. Bradford Brown Commissioner Michelle Spence -Jones Emanuel Washington Mayor Manuel Diaz Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0745 A motion was made by Commissione Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Nicole Wild, Rosa Green, Gerald Muhammad, Charles Cutler, and Dr. Bradford Brown as District 5 appointed members, and Emanuel Washington as the Mayor's appointed member, of the Overtown Advisory Board/Overtown Community Oversight Board. City ofMiami Page 126 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: We move to BC.5. You have five appointments. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Overtown Advisory Board. Commissioner Spence -Jones: Yeah. Priscilla A. Thompson (City Clerk): If I might, Commissioner. Commissioner Spence -Jones: Yes. Ms. Thompson: If you don't have it, we have the list here of the -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- individuals that you turned in for your nominations. Would you like for me to read them off? Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: OK. Just to let the rest of the Commissioners know that this particular board and these nominations had to be advertised. Vice Chairman Sanchez: Were they advertised? Ms. Thompson: They were advertised. They met their -- the deadline for submission. We had five seats for appointment, and five people applied -- Vice Chairman Sanchez: OK. Ms. Thompson: -- so I'll read them off for you. Commissioner Spence -Jones: Sure. Vice Chairman Sanchez: Read the names into the record, Madam Clerk. Ms. Thompson: OK. For Commissioner District 5, Nicole Wild, Rosa Green, Gerald Muhammad, Charles Cutler, and Dr. Bradford Brown. Vice Chairman Sanchez: All right. Ms. Thompson: You also had one other individual nominated by Mayor Diaz, again, through the advertisement process, Emanuel Washington. Vice Chairman Sanchez: All right. There's a motion by Commissioner Spence -Jones to appoint all those individuals read into the record, also, the Mayor's appointment. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. Hearing no discussion, all in favor, say "aye." City ofMiami Page 127 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.6 06-02048 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Marc Sarnoff Vice Chairman Sanchez: And we go to BC.6. BC.6, there's no appointment there. BC.7 06-02049 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: DEFERRED NOMINATED BY: Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Commissioner Marc Sarnoff Commissioner Marc Sarnoff Commissioner Michelle Spence -Jones Mayor Manuel Diaz Mayor Manuel Diaz City ofMiami Page 128 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: We got to BC.7. Commissioner Spence -Jones, you're recognized, and that's the Orange Bowl Advisory Board. Commissioner Spence -Jones: Yeah. I have no other appointments. Vice Chairman Sanchez: OK. There are no appointments to BC.7. BC.8 06-02050 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Marc Sarnoff Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Vice Chairman Sanchez: BC.8, you have one appointment there, Commissioner Spence -Jones. Commissioner Spence -Jones: I have no -- I'm not making any -- Vice Chairman Sanchez: She's deferring BC.8. BC.9 06-02053 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Manuel Diaz DEFERRED Vice Chairman Sanchez: And BC.9, the Mayor has one. Is -- has he put it on the record? Priscilla A. Thompson (City Clerk): No, he has not. Vice Chairman Sanchez: He has not, so we go to BC.10, and I believe that's you, Commissioner Regalado. City ofMiami Page 129 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: But I wanted to -- I'm sorry, Mr. Chairman. BC.9, I already have an appointee on there, right? Ms. Thompson: You have someone there, but her ter -- Commissioner Spence -Jones: His name? Ms. Thompson: -- the term -- her name is Marina Khoury -- Commissioner Spence -Jones: For BC.9 -- for Mayor's International Council? Ms. Thompson: I'm sorry. Vice Chairman Sanchez: No. Ms. Thompson: I'm sorry, wrong page. Hold on. BC.9, no. That was just the Mayor's. Commissioner Spence -Jones: Oh, so -- OK. Ms. Thompson: For today, OK? Vice Chairman Sanchez: OK. Ms. Thompson: All right. BC.10 06-02060 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Hugh Ryan Commissioner Regalado (Regular Member, term expires February 12, 2009) Eduardo Moralejo Commission -at -Large (Alternate Member, term expires February 13, 2007) Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0743 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Hugh Ryan as a member of the Code Enforcement Board, and Eduardo Moralejo as the Commission -at -Large appointment City ofMiami Page 130 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 to the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Hugh Ryan and Eduardo Moralejo as members of the Code Enforcement Board. Vice Chairman Sanchez: All right. Moving right along, BC.10. Commissioner Regalado, you're recognized for BC.10. Commissioner Regalado: OK. As a regular member, Hugh Ryan. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Sarnoff I'll second. Vice Chairman Sanchez: I would -- OK, you second it? OK. There's a second. No further discussion on the item. Madam Clerk. Priscilla A. Thompson (City Clerk): Just -- Commissioner Regalado: Mr. Chairman, ifI may. I -- as a Commission -at -Large, Eduardo Moralejo is at -large, so I am moving his name as a Commission -at -Large member, Eduardo Moralejo, who sits in the board right now. Vice Chairman Sanchez: So how about Hugh Ryan? What happened? Ms. Thompson: I'm trying to say they -- both of them have excess absences -- Vice Chairman Sanchez: Yeah, but Hugh Ryan -- Ms. Thompson: -- so this -- Vice Chairman Sanchez: -- was in the hospital because of -- Commissioner Regalado: Yeah. Hugh Ryan -- Ms. Thompson: No, no. Vice Chairman Sanchez: -- a bad accident. Commissioner Regalado: -- had a near -- Ms. Thompson: It's just that we need to include the four fifth waiver -- Commissioner Regalado: Yeah. Ms. Thompson: -- in the vote. That's it. Vice Chairman Sanchez: OK. Commissioner Regalado: Hugh Ryan is back -- Vice Chairman Sanchez: He's back -- Commissioner Regalado: -- as the other person too. City ofMiami Page 131 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: -- and better than ever. Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. There's a motion and a second to include the waiver of the excessive absence. All right. There's a motion and a second for the record. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.11 06-02068 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD. APPOINTEES: Francisco de la Paz Theresa Matias Gary L. Moore Cecilia Stewart Cassaundra Wimes Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0744 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, ratifying and confirming the appointment of Francisco de la Paz, Theresa Matias, Gary L. Moore, Cecelia Stewart, and Cassaundra Wimes as elected members of the Overtown Advisory Board/Overtown Community Oversight Board. Vice Chairman Sanchez: And we go to -- that does it. Commissioner Regalado: No -- Commissioner Spence -Jones: BC.11. Commissioner Regalado: -- BC.11. City ofMiami Page 132 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: You have one for BC.11? Commissioner Spence -Jones: Yes. Commissioner Regalado: No, I don't. Vice Chairman Sanchez: You don't? Commissioner Regalado: She does. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: You do? Commissioner Spence -Jones: I do -- Vice Chairman Sanchez: OK. Commissioner Spence -Jones: -- and Madam Clerk -- Vice Chairman Sanchez: BC.11. Priscilla A. Thompson (City Clerk): BC.11 represents the individuals who because they were the only ones to be nominated and qualified for the Overtown Advisory Board, we did not have to have an election, so we just need the Commission to ratify these individuals as being members now of the Overtown -- let me make sure I say it right -- Advisory Board/Overtown Community Oversight Board. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's a motion. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. The motion has been made by Commissioner Spence -Jones, second by Commissioner Regalado. Any discussion on the appointments? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and are there any other appointments that I have left out? Ms. Thompson: No, sir. City ofMiami Page 133 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 DISCUSSION ITEM DI.1 06-01558 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer Item DI.1 to the City Commission meeting currently scheduled for January 11, 2006. Vice Chairman Sanchez: If not, we'll go to PZ (Planning & Zoning) items, and later on, we'll go to pocket items, so -- Priscilla A. Thompson (City Clerk): You do -- you have a DI, a discussion item. Vice Chairman Sanchez: Oh, we do? I thought that's been deferred. Pedro G. Hernandez (City Manager): I believe so. Commissioner Regalado: What? Vice Chairman Sanchez: Larry, that's your item. Commissioner Spence -Jones: Larry. Vice Chairman Sanchez: It's been deferred, right? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Yeah -- yes. Mr. Hernandez: He's asking for a deferral -- Ms. Thompson: OK. Mr. Hernandez: -- we're asking for a deferral on the item. Vice Chairman Sanchez: OK. There is a motion for deferral of the item. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: All right. Well, we need a motion. Commissioner Regalado: I move it. Commissioner Spence -Jones: I second it. Vice Chairman Sanchez: All right. For the record, Commissioner Regalado makes a motion to defer the item, second by Commissioner Spence -Jones. No further discussion on the item to defer the item. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The item has been deferred to the next Commission meeting. City ofMiami Page 134 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 NA.1 06-02255 DISCUSSION ITEM DISCUSSION CONCERNING THE USE OF CITY HALL AS AN EARLY VOTING SITE FOR UPCOMING MIAMI-DADE ELECTION. MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to use City Hall as an early voting site for the January 23, 2007Miami-Dade County election. Commissioner Regalado: I do have a pocket item from the Clerk, because we do need to approve using City Hall as a early voting site for the January 23 countywide election, so -- Chairman Gonzalez: All right. That's your motion? Commissioner Regalado: -- I don't know if you have it there, but if not, I'll just move that the Commission would approve the request of the City Clerk to use -- to grant the request of the Supervisor of Election to use City Hall as a early voting site for the January 23 countywide strong mayor form of government election. Chairman Gonzalez: All right. There is a motion -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones, do you have any items? Commissioner Spence -Jones: No. Chairman Gonzalez: Blue pages? No. OK. NA.2 06-02252 DISCUSSION ITEM BRIEF DISCUSSION REGARDING BIRTHDAY WISHES FOR ABILIO FELIPE, CELEBRATING HIS 81ST BIRTHDAY. DISCUSSED Vice Chairman Sanchez: All right. Let's go to PZ (Planning & Zoning) items. Mr. City Attorney, you're recognized, and also -- Jorge L. Fernandez (City Attorney): Yeah, so -- Vice Chairman Sanchez: -- we'll do the swearing in. Mr. Fernandez: -- to open P&Z items -- Vice Chairman Sanchez: But before we do that, let me interrupt you. It's a very special occasion. Today is Abilio Felipe's birthday. He is 81 years old, and we certainly want to wish him a happy birthday, and I think he's here, and we have a cake for him, so back there somewhere. Go -- you know -- while we go through the transition to PZ item -- he's 81 years old. He deserves a cake. Well, we certainly want to wish him a happy, happy, happy birthday. City ofMiami Page 135 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: For who? Vice Chairman Sanchez: I think they're back there. I just wanted to -- All right. PZ.1. Mr. Fernandez: Mr. Chairman, allow me. Vice Chairman Sanchez: You're recognized, Mr. City Attorney. Mr. Fernandez: You need to declare a recess the City Commission meeting for regular agenda items, and you need then to open the P&Z -- Vice Chairman Sanchez: All right. For the record, we stand at recess with the regular Commission meeting, and we will be opening the Planning & Zoning meeting, as so stated for the record. Mr. Fernandez: Correct. NA.3 06-02217 RESOLUTION District 4 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO ANIMAL PROTECTION SERVICES OF FLORIDA, A NOT -FOR -PROFIT ORGANIZATION; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0739 Chairman Gonzalez: Now we're going to go to pocket items. Commissioner Regalado, I understand you have some pocket items. Priscilla A. Thompson (City Clerk): OK. Chairman -- Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, you -- Ms. Thompson: -- I'm sorry. Just -- I just want to make sure because when we -- the -- actually, the regular meeting was recessed, and we went into the P&Z (Planning & Zoning), so you may want to state for the record that we're back into the regular agenda with pocket items. Chairman Gonzalez: OK, so we're going back to the regular agenda, and now we're going to start taking pocket items. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I have a resolution authorizing the allocation of funds, in an amount not to exceed $1, 000, to Animal Protection Services of Florida, a not -for -profit organization, allocating funds from the District 4 special events nondepartmental account. So move. Chairman Gonzalez: All right. We have a motion -- City ofMiami Page 136 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. NA.4 06-02218 RESOLUTION District 4 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO PAY FOR IN -KIND SERVICES AND TO WAIVE FEES ASSOCIATED WITH THE ANNUAL LEBANESE FESTIVAL BEING HELD JANUARY 26 AND 27, 2007, AT OUR LADY OF LEBANON CHURCH; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0738 Commissioner Regalado: A resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $1, 000, to pay for in -kind services and to waive fees associated with the banners with -- for the annual Lebanese festival being held January 26 and 27, 2007, at Our Lady of Lebanon Church, Coral Way and 21 stAvenue; allocating funds from the District 4 office budget nondepartmental account. So move. Chairman Gonzalez: All right. We have a -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. NA.5 06-02254 DISCUSSION ITEM DISCUSSION REGARDING DOUBLE-DECKER BUS BEING DONATED TO THE CITY OF MIAMI BY MIDTOWN MIAMI. DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to examine the double-decker bus being donated to the City ofMiami by Midtown Miami and identify a location to house the bus. Chairman Gonzalez: Commissioner Sarnoff, you have any pocket items, sir? Commissioner Sarnoff No. No, Mr. Chair. City ofMiami Page 137 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: No pocket items. Commissioner Spence -Jones: Yes, Mr. Chairman. I have a quick question, and it's really for management. I don't see anybody from the Manager's Office there. I would want to just get some clarity on -- is there anybody from the Manager's Office that can sit in for two seconds to answer a quick question? As you know, we're getting ready -- or getting prepared for the Super Bowl this coming February, and I have been working almost a year now with Midtown Miami. They had an old double-decker bus that they wanted to kind of donate to the City for this whole "Discover Miami " piece, which was to kind of highlight neighborhoods, and it would be a bus that the Greater Miami Convention and Visitors Bureau would be responsible for programming, but the question was, is there any way that I could have or direct the City Manager to take a look at the existing bus that they're going to donate the double-decker -- because the issue for the Bureau is they need a place to house the bus, so I wanted to see whether or not GSA (General Services Administration) could maybe, perhaps, house the bus there, and we could use it for -- house the bus -- but first, check the bus. I don't want us to take the bus and then there's a problem, so I wanted to direct the City Manager's -- or City Manager -- yeah, City Manager to see whether or not you could at least check the bus to make sure we could accept it. Larry Spring (Chief Strategic Planning, Budgeting & Performance): I will -- we'll definitely take care of that -- Commissioner Spence -Jones: OK. Mr. Spring: -- and I'll get the contact information -- Commissioner Spence -Jones: OK. Mr. Spring: -- and give it to GSA. Commissioner Spence -Jones: Thank you. That's it. Chairman Gonzalez: That's it? All right. NA.6 06-02253 DISCUSSION ITEM DISCUSSION REGARDING THE MAYOR'S APPOINTMENT OF ANGEL GONZALEZ AND JOE SANCHEZ AS CHAIRMAN AND VICE CHAIRMAN, RESPECTIVELY, OF THE CITY COMMISSION, COMMENCING WITH THE FIRST 2007 MEETING OF THE CITY COMMISSION, CURRENTLY SCHEDULED FOR JANUARY 11, 2007. DISCUSSED Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: I want to wish everyone very -- Mr. Fernandez: May I? Chairman Gonzalez: -- happy holidays. Mr. City Attorney, why do you wait until the end to interrupt me while I'm -- Mr. Fernandez: I'm sorry. City ofMiami Page 138 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: -- sending out a message of -- Mr. Fernandez: I just don't want you to call the meeting -- Chairman Gonzalez: -- happiness and -- huh? Mr. Fernandez: Before you cancel the meeting -- Chairman Gonzalez: OK. Mr. Fernandez: -- I need to read something very important into the record. Chairman Gonzalez: Go ahead. Mr. Fernandez: Yes. Charter Section 4(g) subsection (i) [sic] provides that 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 the presiding officer. Yesterday, the Honorable Mayor Manny Diaz has appointed Commissioner Gonzalez as Chairperson and Commissioner Sanchez as Vice Chairperson for this year that starts today, respectively, as chairperson and vice chairpersons, and so that needed to be read into the record so that any official action the City Commission -- Chairman Gonzalez: Thank you very much -- Mr. Fernandez: -- takes reflects that. Chairman Gonzalez: -- and let me say that I -- it has been an honor -- Commissioner Regalado: I am sorry. Chairman Gonzalez: Huh? Commissioner Regalado: I'm sorry. Chairman Gonzalez: It has been an honor to serve as the Chair, and I want to thank my colleagues for their cooperation. Without their help and their cooperation, it wouldn't been easy to do so, so I will be honored to serve for another year, if that's the wish of the Mayor and my colleagues. Commissioner Spence -Jones: So we -- Chairman Gonzalez: All right. Motion to adjourn. Anything you want to say, Commissioner? Commissioner Sarnoff No. It's been a pleasure. Chairman Gonzalez: No? All right. Once again -- Commissioner Regalado: Happy holidays. Chairman Gonzalez: -- happy holidays to everyone. Well see you back in January. Motion to adjourn. City ofMiami Page 139 Printed on 1/3/2007