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HomeMy WebLinkAboutCC 2007-01-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 11, 2007 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 January 11, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS 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 ofAliami Page 2 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones Absent Chairman Gonzalez On the 11 th day ofJanuary 2007, 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 Vice Chairman Joe Sanchez at 9:19 a.m., recessed at 12:50 p.m., reconvened at 3:17 p.m., and adjourned at 5:45 p.m. Note for the Record: Chairman Gonzalez entered the meeting at 3: 16 p.m. Note for the Record: Vice Chairman Sanchez left the meeting at 5:10 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Vice Chairman Sanchez: Welcome to the City Commission meeting. I want to take this opportunity to -- and hoping that you all had a wonderful New Year's as we get back to City business. I want to take the opportunity to welcome you to the January 11, 207 [sic] meeting of the City ofMiami Commission in this historic chamber. The members of the Miami City Commission are myself acting as Chair today because the Chair is sick, and we hope that he gets well soon. The Commissioners present today are Commissioner Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff. Also on the dais is the City Manager, Pedro Hernandez, and the City Attorney, Jorge Fernandez, and Pamela Burns, as our City Clerk sitting in. The meeting will be opened with a prayer by Commissioner Regalado, followed by the pledge of allegiance by Commissioner Sarnoff. Invocation and pledged of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00018 CEREMONIAL ITEM Honoree Presenter Protocol Item Outstanding Volunteers for Chairman Gonzalez Certificates of Appreciation Venezuelan Elections in Miami Other Acknowledgments Excellence for Financial Reporting Award presented to Diana M. Gomez 07-00018 Cover Page.pdf 07-00018 Protocol List.pdf Mayor Diaz rendered a tribute of recognition and admiration to Woo Ho Lee and the Korean Americans for their outstanding contributions and commitment to cultural vitality and their promotion of traditional cultural values; further proclaiming January 13, 2007 as Korean American Day. City ofMiami Page 3 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 MAYORAL VETOES Vice Chairman Sanchez presented Certificates ofAppreciation and recognized the Community Relations Board and the Goodwill Ambassadors for their contributions to the success of the Venezuelan Presidential Elections held at the Orange Bowl in Miami. Vice Chairman Sanchez: Let's go to the presentations and proclamations, and then we'll continue the agenda with the items. All right. Mr. Mayor, you're recognized. Presentations made. NO MAYORAL VETOES Vice Chairman Sanchez: That concludes our presentation and proclamation. All right. While we clear up here, we'll continue on mayoral veto. Madam Clerk, for the record, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Votes: Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: So we can move on to the next item, as we go down the order of the day, which is our agenda. Jorge L. Fernandez (City Attorney): Mr. Chairman, the consent items, 18 through 22, is very minor what has to change. The -- on the title of the resolution -- Vice Chairman Sanchez: Whoa, whoa, whoa. What -- let me just pause for a minute there. Let's continue down the agenda here. Let's just go now to the approving of the minutes of the following -- approving the minutes of the following meetings: the regular meeting on December 14, 206 [sic]. Is there a motion to approve -- Commissioner Regalado: Move it. Vice Chairman Sanchez: -- the meeting? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Regalado -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second by Commissioner Spence Jones. There is 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 City ofMiami Page 4 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 carries. Then we go to the Planning & Zoning meeting of December 14, 206 [sic]. For the record, is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Motion by -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Commissioner Regalado, second by Commissioner Spence -Jones. The item is under discussion. Hearing 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. Order of the Day Vice Chairman Sanchez: The order of the day is the agenda that's in front of us. I want to take the opportunity, before we go on, to recognize the school superintendent, Rudy Crew, who is here with us at City Hall. We take the opportunity to welcome you to our City Hall. As always, we will now begin the regular Commission meeting. The City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney, you are recognized. Jorge L. Fernandez (City Attorney): 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 City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the Clerk's office. Formal action may be taken on any item discussed or added to the agenda. All decisions of the 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 decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in 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 the speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chambers 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 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 Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon, and the meeting will end either at the conclusion of deliberations of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda. The following item is being continued to February 8, 2007, and that is PH.5, so for the Clerk and for the audience, if you're here on PH.5, that item is being continued to February 8, and for the record, so that we just don't make reference to it by letter number, that is -- actually, it should be items PH.5 and PH 6 -- OK, just PH.5. It's PH.5 that is being continued. Pardon, Mr. Chairman and members of the public, a little bit of confusion here. PH.5 will be heard today; PH.6 is the item that's being continued. City ofMiami Page 5 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Also, the following items have been substituted -- have substituted documents and the Commission needs -- and the Clerk needs to acknowledge that consent item number 18 through 22 have substituted documents, as well as RE.4 and SR.1. Commissioner Spence -Jones: Can you repeat that again? Mr. Fernandez: Yes. Consent items number 18 through 22, you will be given substitute items for that, and staff will very briefly explain to you what is being substituted in those. It should be de minimis. Vice Chairman Sanchez: All right. For the record, let's just note that those items will be pulled aside and then -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- the Administration will put into the record the amendments or the substitutions made. OK. Mr. Fernandez: Also, RE.4 and SR. 1 have items that -- within those that are being substituted, but staff when they present, they will explain the nature of the substitution. Vice Chairman Sanchez: All right. City ofMiami Page 6 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 CA.1 06-02247 RESOLUTION Office of the City Attorney CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2006-2007 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 00001.141000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 06-02247 Legislation.pdf 06-02247 Cover Memo.pdf 06-02247 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0001 CA.2 06-02248 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49,000, FROM FISCAL YEAR 2006-2007 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 06-02248 Legislation.pdf 06-02248 Cover Memo.pdf 06-02248 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0002 CA.3 06-02249 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, FROM FISCAL YEAR 2006-2007 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. City ofMiami Page 7 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02249 Legislation .pdf 06-02249 Cover Memo .pdf 06-02249 Memo .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0003 CA.4 06-02256 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED Improvement $350,000, CONSISTING OF A GRANT AWARD FROM THE FLORIDA Programs/Transpor DEPARTMENT OF STATE'S DIVISION OF HISTORICAL RESOURCES FOR tation THE MIAMI CITY HALL/PAN AMERICAN SEAPLANE TERMINAL, PROJECT B-30121; AUTHORIZING THE CITY MANAGER TO EXECUTE THE HISTORIC PRESERVATION GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-02256 Legislation .pdf 06-02256 Exhibit .pdf 06-02256 Summary Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0004 CA.5 06-02258 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF CONDO ELECTRIC MOTOR REPAIR, CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 05-06-120, RECEIVED NOVEMBER 14, 2006, FOR THE PROJECT ENTITLED "STORMWATER PUMP STATION MAINTENANCE AND REPAIR PROJECT, B-30395," FOR A ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $229,400, BASE BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, PENDING THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE; ALLOCATING FUNDS, IN THE AMOUNT OF $229,400, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.31103.6.340; ALLOWING FOR ADDITIVE ITEMS, AS STATED HEREIN, TO BE INCLUDED AS PART OF THE MAINTENANCE CONTRACT, FOR ADDITIONAL REPAIR AND MAINTENANCE TO FIVE PROPOSED PUMP STATIONS, IN AN AMOUNT NOT TO EXCEED $380,737, PENDING NEED, FUNDING AVAILABILITY, AND THE CONTRACTOR'S PERFORMANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID City ofMiami Page 8 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 PURPOSE. 06-02258 Legislation .pdf 06-02258 Exhibit .pdf 06-02258 Exhibit 2 .pdf 06-02258 Exhibit 3 .pdf 06-02258 Exhibit 4 .pdf 06-02258 Exhibit 5 .pdf 06-02258 Summary Form.pdf 06-02258 Proposal Bid Form.pdf 06-02258 Occupational License.pdf 06-02258 Occupational License 2 .pdf 06-02258 Interlocal Certification.pdf 06-02258 Small Business Certificate .pdf 06-02258 Questionnaire.pdf 06-02258 Customer Reference Listing.pdf 06-02258 Office Location Affidavit .pdf 06-02258 Local,Small,Disadvantaged and Minority Participation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0005 CA.6 06-02260 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF THE RENTAL OF TRUCKS AND HEAVY EQUIPMENT -CITYWIDE, ON AN AS -NEEDED BASIS, FROM VARIOUS VENDORS, UTILIZING SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, BID NUMBER F-4038-06-WG, SPONSORED BY THE CITY OF HOLLYWOOD, FOR A CONTRACTUAL ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY SAID AGENCY/AGENCIES, PURSUANT TO THE BID TERMS, CONDITIONS AND PRICES AS STATED THEREIN; 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. City ofMiami Page 9 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02260 Legislation .pdf 06-02260 Summary Form .pdf 06-02260 Award Recommendation .pdf 06-02260 Email .pdf 06-02260 Memo .pdf 06-02260 Blanket Purchase Order .pdf 06-02260 Memo 2 .pdf 06-02260 Blanket Purchase Order 2 .pdf 06-02260 Memo 3 .pdf 06-02260 Blanket Purchase Order 3 .pdf 06-02260 Memo 4 .pdf 06-02260 Blanket Purchase Order 4 .pdf 06-02260 Memo 5 .pdf 06-02260 Blanket Purchase Order 5 .pdf 06-02260 Memo 6 .pdf 06-02260 Blanket Purchase Order 6 .pdf 06-02260 Prospective Contractors .pdf 06-02260 Invitation to Bid .pdf 06-02260 Terms and Conditions .pdf 06-02260 Invitation to Bid 2 .pdf 06-02260 Co-op Members .pdf 06-02260 Bid Form .pdf 06-02260 Co-op Groups .pdf 06-02260 Bid Submittal Completion Confirmation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0006 CA.7 06-02261 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF READY MIXED CONCRETE -CITYWIDE, FROM CENTRAL CONCRETE SUPERMIX, INC., UTILIZING AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6827-0/11, FOR A CONTRACTUAL FIVE-YEAR PERIOD, FROM OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2011, ON AN AS -NEEDED BASIS, UNDER THE BID PRICES, TERMS AND CONDITIONS STATED THEREIN, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. 06-02261 Legislation.pdf 06-02261 Summary Form.pdf 06-02261 Award Recommendation.pdf 06-02261 Contract Award Sheet.pdf 06-02261 Invitation to Bid.pdf 06-02261 Bid Submittal.pdf 06-02261 Appendix Affidavits.pdf 06-02261 Annual Report.pdf City ofMiami Page 10 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0007 CA.8 06-02263 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF ASPHALTIC CONCRETE -CITYWIDE, FROM VARIOUS VENDORS, UTILIZING AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6752-0/11, FOR A CONTRACTUAL FIVE-YEAR PERIOD FROM NOVEMBER 1, 2006 THROUGH OCTOBER 31, 2011, ON AN AS -NEEDED BASIS, UNDER THE BID PRICES, TERMS AND CONDITIONS STATED THEREIN, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. 06-02263 Legislation.pdf 06-02263 Summary form.pdf 06-02263 Award Recommendation.pdf 06-02263 Award Sheet.pdf 06-02263 Contract Award Sheet.pdf 06-02263 Invitation to Bid.pdf 06-02263 Bid Submittal.pdf 06-02263 Appendix and Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.9 06-02266 Department of Parks and Recreation R-07-0008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $17,497.81 IN THE ORIGINAL CONTRACT PREVIOUSLY AWARDED TO ULTIMATE POOLS, INC., AND AMENDING RESOLUTION NO. 06-0173, ADOPTED MARCH 23, 2006, ACCEPTING THE BID OF ULTIMATE POOLS, INC., PURSUANT TO INVITATION FOR BIDS NO. 05-06-027, FOR THE SWIMMING POOL FACILITY RENOVATION AT THE MIAMI ROWING CLUB, FOR THE DEPARTMENT OF PARKS AND RECREATION, RATIFYING A CHANGE TO THE SCOPE OF WORK OF THE CONTRACT AND WORK PERFORMED, RESULTING IN A SUBSEQUENT CHANGE ORDER TO INCLUDE THE INSTALLATION OF NEW TRANSFORMERS, A LIGHT POLE, RECEPTACLE, CONDUITS, WIRING, CIRCUITS AND ELECTRICAL PANEL, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $239,125.00 TO $256,622.80; ALLOCATING FUNDS FOR THE SAID INCREASE FROM THE PARKS DEPARTMENT CONSOLIDATED ACCOUNT PROJECT NO. 20-116002, TASK-01, AWARD-1179; AND AUTHORIZING THE CITY City ofMiami Page 11 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 MANAGER TO EXECUTE SUCH CHANGE ORDER FOR SUCH PURPOSE. 06-02266 Legislation.pdf 06-02266 Summary Form.pdf 06-02266 Invitation to Bid.pdf 06-02266 Purchase Order.pdf 06-02266 Request for Change Order.pdf 06-02266 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0009 CA.10 06-02269 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF TIRE RETREADING AND SECTION REPAIRS -CITYWIDE, ON AN AS -NEEDED BASIS, FROM VARIOUS VENDORS, UTILIZING AN EXISTING MIAMI-DADE COUNTY BID CONTRACT NO. 6164-4/11, FOR A CONTRACTUAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; 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. 06-02269 Legislation.pdf 06-02269 Summary Form.pdf 06-02269 Award Recommendation.pdf 06-02269 Contract Award Sheet.pdf 06-02269 Invitation to Bid.pdf 06-02269 Bid Submittal.pdf 06-02269 Appendix and Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0010 CA.11 06-02270 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2006-2007 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE (USAR) TASK FORCES" AND APPROPRIATING FUNDS, IN THE MAXIMUM AMOUNT OF $221,560.93 (THE "GRANT"), CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES ADMINISTERING FEDERAL FUNDS; AUTHORIZING THE GRANT TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE TO PROVIDE TRAINING IN City ofMiami Page 12 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 STATE FIRE MARSHAL ("SFM") APPROVED URBAN SEARCH AND RESCUE ("USAR") TRAINING COURSES, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA USAR PROGRAM, AND FOR SUCH OTHER PURPOSES AS PERMITTED BY THE TERMS AND CONDITIONS OF THE 2006-2007 STATE HOMELAND SECURITY GRANT PROGRAM SHSGP SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE TASK FORCES (THE "SUB -RECIPIENT AGREEMENT"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD, TO EXECUTE THE SUBRECIPIENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO UNDERTAKE ALL FURTHER ACTIONS NECESSARY TO IMPLEMENT AND TO COMPLY WITH THE SUB -RECIPIENT AGREEMENT FOR SAID PURPOSES. 06-02270 Legislation.pdf 06-02270 Exhibit .pdf 06-02270 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0011 CA.12 06-02272 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $161,564.23, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING SAID FUNDS FROM THE POLICE GENERAL OPERATING FUND, ACCOUNT NO. 00001.191653.534000. 06-02272 Legislation.pdf 06-02272 Summary Form.pdf 06-02272 Letter.pdf 06-02272 I nvoice. pdf 06-02272 Operating budget.pdf 06-02272 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0012 CA.13 06-02279 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHEAST 2ND STREET FROM MIAMI AVENUE TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS "YOSHUA SAL BEHAR STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. City ofMiami Page 13 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02279 Legislation.pdf 06-02279 Summary Form.pdf 06-02279 Codesignation Application.pdf 06-02279 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0013 Vice Chairman Sanchez: Andl do have --I believe thatl do have someone on CA.13, the family of Sal Behar that's here. They just want to recognize the Commission. Is there someone here on behalf of the family of our good friend Sal Behar? Yes, sir. Please step up. Just a little information on that, the DDA (Downtown Development Authority) is naming a street after Sal. Those of you who have worked here for the City who ever visit downtown knew what a great gentleman and what a great hard worker and promoter of downtown, and when we lost him, the City fruly lost someone who was devoted and committed to making Miami a great destination. Sir, you're recognized, for the record, on CA.13. Michael Behar: Hi. I'm Michael Behar. Vice Chairman Sanchez: Sir, hold on. Mr. Behar: I don't have such a sexy voice. Vice Chairman Sanchez: No. Mr. Behar: Michael Behar. Sal is my dad, and I just wanted to thank the City Commission and the DDA, and everybody else who made this possible to get the sfreet named after my dad. It's a great honor to us and to my family, and just thank you very much to everybody. Vice Chairman Sanchez: You're quite welcome, and the DDA is going to advertise when we do have the naming of the sfreet, and we are going to have a little -- with all due respect, a little celebration on behalf of your father there, so thank you so much. Mr. Behar: Thank you. Vice Chairman Sanchez: All right. That takes care of consent agendas. CA.14 06-02280 RESOLUTION Department of Public Facilities A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BOAT SHOW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC., A DELAWARE NOT -FOR -PROFIT CORPORATION, FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 11 - 22, 2007, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City ofMiami Page 14 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: 06-02280 Legislation.pdf 06-02280 Exhibit.pdf 06-02280 Summary Form.pdf 06-02280 Letter.pdf 06-02280 Certificate of Insurance.pdf 06-02280 Letter 2.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0014 CA.15 06-02282 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, AUTHORIZING MIAMI-DADE COUNTY TO CONSTRUCT, OPERATE AND MAINTAIN UNDERGROUND UTILITIES, INCLUDING BUT NOT LIMITED TO, ELECTRIC, TELEPHONE, AND WATER LINES IN CERTAIN STREETS AND AVENUES IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION, AS STATED HEREIN, TO MIAMI-DADE COUNTY. 06-02282 Legislation.pdf 06-02282 Exhibit.pdf 06-02282 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0015 CA.16 06-02283 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN IMPROVEMENTS AND INDEMNIFICATION AGREEMENT WITH THE TURKEL RESOURCE FOUNDATION, INC., ("FOUNDATION"), IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER FOR THE FOUNDATION TO COMPLETE THE IMPROVEMENTS AT THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 100 NORTHWEST 17 STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS THE DORSEY MEMORIAL LIBRARY SUBJECT TO THE FOUNDATION PROVIDING INSURANCE DEEMED APPROPRIATE BY THE CITY'S DEPARTMENT OF RISK MANAGEMENT. City ofMiami Page 15 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: 06-02283 Legislation .pdf 06-02283 Exhibit .pdf 06-02283 Exhibit 2 .pdf 06-02283 Exhibit 3 .pdf 06-02283 Exhibit 4 .pdf 06-02283 Exhibit 5 .pdf 06-02283 Exhibit 6 .pdf 06-02283 Summary Form.pdf 06-02283 Pre -Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0016 CA.17 06-02297 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MIAMI-DADE COUNTY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $780,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF NEXTEL SOUTH CORP. VS. MIAMI-DADE COUNTY, AND CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 04-9795 CA 30, UPON THE EXECUTION BY MIAMI-DADE COUNTY AND NEXTEL SOUTH CORP., OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE GENERAL FUNDS MISCELLANEOUS PAYABLES ACCOUNT. 06-02297 Legislation.pdf 06-02297 Summary Form.pdf 06-02297 Budget Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.18 06-02299 Liberty City Community Revitalization Trust R-07-0017 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY CHEROKEE ENTERPRISES, INC., THE AMOUNT OF $110,000, FOR SOURCE REMOVAL ACTIVITIES AND POST EXCAVATION AND NATURAL ATTENUATION MONITORING; ALLOCATING SAID FUNDS FROM PROJECT NO. 93-110159, WITH SAID FUNDS REIMBURSABLE THROUGH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT AND CLEANUP COOPERATIVE GRANT. 06-02299 Legislation.pdf 06-02299 Summary Form.pdf City ofMiami Page 16 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0018 CA.19 06-02300 RESOLUTION Liberty City Community Revitalization Trust A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY UNITED HEALTHCARE THE AMOUNT OF $32,000, FOR GROUP HEALTH/DENTAL INSURANCE; ALLOCATING SAID FUNDS FROM PROJECT NO. 93-603001. 06-02300 Legislation.pdf 06-02300 Summary Form.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.20 06-02301 Liberty City Community Revitalization Trust R-07-0019 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY EVANS ENVIRONMENTAL & GEOSCIENCES, THE AMOUNT OF $109,467, FOR SOURCE REMOVAL ACTIVITIES AND POST EXCAVATION AND NATURAL ATTENUATION MONITORING; ALLOCATING SAID FUNDS FROM PROJECT NO. 93-110135, WITH SAID FUNDS REIMBURSABLE THROUGH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT AND CLEANUP COOPERATIVE GRANT. 06-02301 Legislation.pdf 06-02301 Summary Form.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0020 CA.21 06-02302 RESOLUTION Liberty City Community Revitalization Trust A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY THE FLORIDA LEAGUE OF CITIES, THE AMOUNT OF $18,258, FOR LIABILITY INSURANCE; ALLOCATING FUNDS FROM PROJECT NO. 93-603001. 06-02302 Legislation.pdf 06-02302 Summary Form.pdf City ofMiami Page 17 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.22 06-02303 Liberty City Community Revitalization Trust R-07-0021 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY SHARPTON, BRUNSON AND COMPANY, THE AMOUNT OF $18,500, TO CONDUCT AUDIT SERVICES FOR FISCAL YEAR 2005-2006; ALLOCATING FUNDS FROM PROJECT NO. 93-603001. 06-02303 Legislation.pdf 06-02303 Summary Form.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0022 Adopted the Consent Agenda Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Vice Chairman Sanchez: Before we go into the presentations and proclamations, do any of the Commissioners wish to have any items removed from the consent agenda? I would respectfully request that FR.1 through FR.9 be deferred to the next regular Commission meeting. All right. Do we need a motion for that? Commissioner Sarnoff I'll move. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second by Commissioner Spence Jones. The item is open for discussion. Hearing 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 City ofMiami Page 18 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 carries, and that takes care of that. "[Later...]" Vice Chairman Sanchez: And we go to the consent agenda. Mr. City Attorney, you are recognized, for the record. Jorge L. Fernandez (City Attorney): Yes, as we had announced, consent items 18 through 22 is very minor what has to change. It was a misnomer that it was put there that these were resolutions of the Liberty City Community Revitalization Trust. They're not. They're resolutions of this City Commission, so all we need to substitute is City ofMiami for Liberty City Community Trust, and that's just a simple change. Vice Chairman Sanchez: And that applies to? Mr. Fernandez: 18 through 22. Vice Chairman Sanchez: All right, so stated on the record. That's the only amendment to those - - consent agenda. Mr. Fernandez: That's the only thing. Vice Chairman Sanchez: I don't have a problem with it. Do any of the Commissioners have a problem with that amendment? Commissioner Sarnoff No. Vice Chairman Sanchez: If not, then what we could do is, let's go through the consent agenda. Any of the Commissioners would like to pull any consent agenda for discussion? Commissioner Sarnoff No. Vice Chairman Sanchez: Hearing none, is there a motion to approve the consent agenda? Commissioner Sarnoff I move. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff. There's a second by Commissioner Spence -Jones. The item is under discussion. Hearing 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. Pamela E. Burns (Assistant City Clerk): Excuse me. For the record, we're saying that CA.18 through 22 is modified? Mr. Fernandez: I just -- yes. Ms. Burns: For the record. Vice Chairman Sanchez: Madam Clerk -- City ofMiami Page 19 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: Right. Vice Chairman Sanchez: -- the City -- Ms. Burns: Thank you. Vice Chairman Sanchez: --Attorney put it on the record that the only change is just the City of Miami. Are we OK with that for the record? All right. That takes care of the consent agenda. City ofMiami Page 20 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 PERSONAL APPEARANCE PA.1 06-02298 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR, TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. 06-02298 Cover Memo.pdf DEFERRED Vice Chairman Sanchez: We move on to personal appearances. PA.1. Pedro G. Hernandez (City Manager): Mr. Chairman, that item will be deferred. Vice Chairman Sanchez: OK. Thank you, Mr. City Manager. Please bear with me. I got here this morning, and as you know, the Chairman is sick, and I will be chairing the meeting today, and I'm moving on as we go along. City ofMiami Page 21 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-02305 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE MIAMI-DADE COUNTY PUBLIC SCHOOLS' LEGISLATIVE INITIATIVES, AS STATED HEREIN, DURING THE 2007 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN. 06-02305 Legislation.pdf 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-07-0023 Vice Chairman Sanchez: Let's go to the Mayor's items. We do have M.1, supporting public schools legislative initiative, and Mr. Mayor, you're recognized, for the record. Yes, sir, and once again, as I stated, we do have the superintendent of the schools here, Rudy Crew, with us, which is always an honor to have you here. (UNINTELLIGIBLE) City -- Mayor Manuel A. Diaz: Thank you. Mr. Chairman, and Commissioners, as all of you know, some time ago, we developed the education compact, the first of its kind, a relationship between the City ofMiami and the school system. As one of the regular activities that we're involved with as part of the compact is that the superintendent -- and when we can get the School Board member to come to our meetings to talk to us about education and vice versa. I do the same, attending some of their meetings, and today, as you acknowledged, the Superintendent, Rudy Crew, is here, who wishes to address this body. Mr. Superintendent. Rudy Crew: Good morning, Mr. Chair -- Vice Chairman Sanchez: Always a pleasure. Mr. Crew: -- members of the Commission. Thank you very much. Happy New Year to everyone, somewhat belatedly, but let's hope it is a good one, nonetheless. It's a pleasure to be here with you this morning and to give you an update, as the Mayor indicated. We're very, very pleased about some developments, and I thought I'd just throw in a couple of other things that just are of a general information nature that the Commission might like to know. With respect to the compact, I think it should be noted that this is a -- this is an important structure for us because it really represents our board's commitment, together with this Commission, a commitment for improving the lives of children in the communities here in this particular city, in Miami, and toward that end, there are elements within the contract that I think are important to speak to that improvement, one of which is the development of some new schools. You might have noted, at the beginning of the school year, the Mayor and I went to and walked over the first class of the Young Women's Leadership Academy. It is an all girls schools, the first of its kind in the County, and is doing very, very well. Right now, it has about 140 students in it. We contemplate growing some 400 students, and we view this as a six through twelve grade operation. We will be looking City ofMiami Page 22 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 at a similar footprint for a young man -- boys leadership school or something along those same lines, and that we are slating to open in the fall of this next school year. We think that the menu, if you will, of options that should be available to parents and to the community in Miami should be expanded, so many of the things you're hearing us talk about in School Board meetings and so forth are really about giving parents many more options in terms of the kinds of schools, the kind of structure, the kind of curriculum, the ways by which parents are engaged, et cetera, and that that represents our ability to kind of diversify, if you will, our own product line. The second thing that's a part of the compact has been a commitment to really eradicate "F" schools from Miami -Dade in total, and specifically, here in Miami, that is a part of our compact as well, and toward that end, I would simply point out to you that we are now looking at the following schools that are "F" schools that we are really after this year. Lenora -- and that are in Miami -- in the -- in Miami -- in the City ofMiami. Lenora B. Smith, Edison High School, Northwestern, and Jackson. Commissioner Spence -Jones: All in my disfrict. Mr. Crew: Well, wherever they are, we're -- Vice Chairman Sanchez: They benefit us all. Mr. Crew: -- going to get them. Pardon me? Vice Chairman Sanchez: They benefit us all. Mr. Crew: They benefit us all. They're all of our children. May be in your disfrict -- Commissioner Spence -Jones: Yeah. Mr. Crew: -- but they benefit us all, and we need to really make sure that we are attending to this. Toward that end, I have a letter that will be drafted shortly and be sent out to the mayors of various municipalities throughout the entire County with the intent to express our focused attention and support for these principals, teachers, children, and families who will be now coming up on the next FCAT (Florida Comprehensive Assessment Test) session. That session of testing will begin the latter part of February, go through the first week ofMarch, and it would be our intent for everybody in this community to really watch, visit, appropriately support these schools. There are things that I'll be asking, obviously, the Mayor and others to support and do by way of really just simply lending a hand to a school, particularly some of these most in need, but others, as well. Some of our "A" and `B" schools need every bit as much help and attention because those children need to maintain that level of academic work, and so we're very hopeful at being able to accomplish this goal of being able to eliminate "F" schools in the County. It's not as though we have unrealistic plans for this, but rather, I think, very realistic plans that a county that is as thriving and booming as Miami -- as the City ofMiami is ultimately ought to be able to see that reflected in how education is offered to its students and community as well. Let me say a little bit about a couple of other things that are important and somewhat of a general nature, as opposed to specific to the compact, but again, reflect many of the conversations that the Mayor and I continue to have. We have really looked at this question of the global economy and its impact on public schooling, and what that really means is that our curriculum, even if we get FCAT right, even if we get our current level of standards right, is unfortunately lower than the international standards that represent the lives and the education of children in countries right around us, let alone in other countries across the pond, and so the issue for us has been how to now modernize, if you will, globalize our development of curriculum, how to make that something that our children exist and take and participate in such that they are competitive in a much larger and global world. That will mean for us internships, for starters. Our secondary schools are going to have to have larger numbers of interns, kids who are able to participate in and attend jobs, careers, and the placement -- their placement is going to be part of their own City ofMiami Page 23 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 high school education. We do think that this whole question of foreign language is going to have to be visited again, meaning that our kids are going to have to have, at the elementary level, the opportunity to take and participate in the acquisition of a second language long before they do in our middle schools and high schools right now, so this is a very important topic. You'll hear more about it in the upcoming months. Last, and certainly, not least, there is -- as you well know, last year the district was one of five districts throughout the country that was awarded the Broad Prize for Excellence. It was an award given to the largest of urban school systems and the highest performing of those urban school systems. We were one of five. We received a quarter -- a hundred and fifty -- I think it is a hundred and fifty thousand dollars worth of scholarships that would be available for our children in the coming spring. In addition to that, we have, again, based upon our results from last year, now been asked to join again that same round of competition for the next year's Broad Prize, and we believe that that's hopefully going to result in our winning it. We did not win it out of the five last year, but hopefully, if we get to that round, we will this year, and the last, and certainly, not least, since our last conversation, the Board has received an award from an organization of urban school boards association that reflects the work of the partnerships through the compact and the work of our parent academy. Those have been the highlights of the year for us. We respect -- we expect that there will be many more things that will come down the road in the coming months, but most importantly right now, our focus is on FCAT and getting rid of "F" schools in the City ofMiami, and that then brings me to the legislative platform, which, thankfully, you are passing a resolution on today, and I'd like to just highlight a few of those points and would ask my comrade Albert Carvalho, who's the associate superintendent, to speak to this issue, please. Thank you. Alberto Carvalho: Thank you, Dr. Crew. Mr. Chair, Commissioners, Mr. Mayor, thank you very much for the opportunity to be here today, and thank you so much for passing -- or entertaining the possibility of passing this very important resolution in support of 353,000 students and 20, 000 plus full-time teachers, a total workforce of 55, 000 employees, and I tell you the numbers because we are 1 of 67 counties across this state, and I think the data that you have before you, we took the liberty of putting before you three simple slides that speak to the urgency, the emergency that Miami -Dade and its educational programs are facing as we head up to Tallahassee once again during the regularly scheduled March session. The first slide speaks to last year's legislative increase, and the very first column basically tells you what the increase, compared to the previous year, was, and in total dollars, new dollars, that increase was supposedly 124 million. However, part of the story here is that part of that 124 million, there are $19 million that this would only get on the basis of performance -based pay grant. I can tell you that out of the $147 million that the State appropriated toward this end, very few of those dollars have been distributed to districts across the state. Only four districts have been able to have programs approved, so basically, take 19 million out of the 124. Second, to meet the constitutional mandate for class -size reduction, which Miami -Dade overwhelmingly approved, takes about $70 million, so what we're talking about here is the only increase in terms of discretionary dollars that could be used for increases in utilities, property insurance, and yes, increased salaries for teachers, is about 30 million. How did we get our salary increases and contracts negotiated this year? By going in the organization making cuts; the money did not necessarily come from the State. The second column tells you -- and this is critical to us -- what has happened to our potential funding, and what has happened over the past three years is very serious, and it directly impacts this community, this city, and the taxpayers in our county. Two major policy shifts in Tallahassee; one was demise of the DCD, the District Cost Differential, a multiplier that sought, up till three years ago, to equalize the buying power of education dollars by recognizing differences in the cost of living, differences in the cost of living across all counties. As of three years ago, that district cost differential was changed. As a result of that change, the Board, this community has lost $87 million annually on a recurring basis. Now the delegation has fought for some mitigation. This year we received 13 million of the 87, 88 million we lost. That's the second column. The third column is something very egregious to this community. In essence, this community is paying taxes through its property value. These are the regularly assessed millage on property, and because Miami -Dade has slightly higher than City ofMiami Page 24 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 average property tax value, some of the taxes that are paid here are being shift to other counties, mainly Central Florida and northern Florida. The cost this past year to this county was $19 million, so if you add what we lost, the 64 plus the 19, plus what we, in effect, got, you would have recognized that the third -- the last column, the 207 million, is the total potential state revenue that this county could have received. We didn't get close to that. This is what we're fighting for this year, is that every single one of the tax revenues that are generated locally be spent locally to benefit educational programs in this city. Vice Chairman Sanchez: Here, here. Mr. Carvalho: The second slide, I think, focuses the discussion on the percentage of local versus state funds that are currently being spent here in Miami -Dade through a historical perspective. If you go back to 2004, you saw that 63 percent of educational programs in Miami -Dade were supported by the State, versus 37 percent supported locally through local tax dollars. You see what the trend shows you. We're now up to, in 2006, 50 percent of the tax burden towards education is supported locally. What has happened to the other funds? Once again, they are being shift to central and northern Florida. Those are locally generated tax dollars. The last slide -- then I'll conclude -- is what is happening with bricks and mortar funding. Again, this community overwhelmingly supported class -size reduction. The question is, has the State lived up to its constitutional responsibility of fully funding class -size reduction, and what this chart shows you, again, in a historical way, is since 2003, we have not. We represent 14 percent of the state, in terms of our student population. We have never received close to that. In 2003, we got close to 7.6 percent, and it has been declining. This past year, we got no more than 4.86 percent of the total dollars towards school construction. This county is severely overcrowded, and the State is not living up to its promise of building schools to meet the needs of this community. Recently -- this is of great concern to us -- the State Board of Education made a request to appropriate $2.8 billion of State dollars to support class -size reduction construction. If a like percentage is applied to this value, we would get barely enough to build one senior high school and one elementary school. Distinguished gentlemen, I -- and ladies, I can tell you that some states are getting 20, 30, 40 percent of the State dollars for school construction. This is unfair, and the support of your resolution to right the wrongs of three years at an opportune time, when the very best and brightest in our community stand in the seat of power in Tallahassee to guide us the right way, this is the time to right these wrongs. We have a golden opportunity, and it takes your support, this community's support, to get it done. Thank you very much. Vice Chairman Sanchez: Thank you so much. Before we got to discussion, is there a motion and a second for the purpose of discussion on this item? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- second by Commissioner Sarnoff. The item is under discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes. I just wanted to say -- first of all, I wanted to commend Superintendent Crew for his commitment to our children. I can say, from day one, after getting elected and visiting all my schools and adopting many of those schools that, you know, were "F" schools in my district, his staff Albert, everybody has been very, very supportive and supporting me in anything that we're trying to do. If there's an issue that's going on in a school, ifI call him, he immediately responds to those issues, and I just wanted to say "thank you" to him and to Albert for really supporting me on those issues. I know that that "F" school list was a lot longer than what it is now, so to me that's definitely an affirmation that we're at least moving in the City ofMiami Page 25 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 right direction. When Dr. Crew stated earlier many of those schools that he mentioned, I almost wanted to say `Amen" because most of those were in -- most of those -- well, all of those schools, actually -- Jackson, Lenora B. Smith, Edison, and Northwestern, those schools are all in my district, so one of the things that I'm going to be working hard with you on is, the end of this month, we're doing an actual tour of the FCAT schools so that we can put together some sort of incentives in those schools to make sure that those kids feel really, really good about where they are, and I know that just the work we did last year -- we went from F's to B's and D's, or F's to C's in some of these schools, so we did see a change, and that's because we made a commitment, from a City standpoint, to really, really try to help those kids, so we're going to be kicking off from a District 5 perspective, going to those particular schools to create incentives so, by the end ofMarch, you know, those kids that hit those goals, we want to try to at least acknowledge them for their work, so I just really wanted to let you know that I really appreciate everything that you do, and I know your work is not easy, you know, and I knew, coming into this seat, that even though, from a City perspective, we're not responsible for schools, you know, but I'm so excited that at least this compact has been working, and I have seen a difference with the parent academy, Shadowlawn; all of the schools that we've been working with, there has been a dramatic change, and just count on me, from a District 5 perspective, to continue to work not only for the schools, but around the schools to make sure that the environment for our children is what it should be, so I just wanted to tell you thank you very much for all your support. Vice Chairman Sanchez: Any further discussion on the item? If not, 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. Thank you and good luck, and we'll be there with you in Tallahassee promoting this legislation. All right. We move along. We have another item by the Mayor. Mayor Diaz: I also want to say, before the Superintendent leaves, that three years ago, three or four years ago, only eight percent of City schools either had an A" or a `B" ranking. Last year's number, over 50 percent of our schools -- Commissioner Spence -Jones: Yes. Mayor Diaz: -- are now achieving that rate, and we're going to get -- Vice Chairman Sanchez: And that deserves an applause. Applause. M.2 07-00023 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CONTRIBUTION, IN THE AMOUNT OF $2,500, TO THE GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION OF THE AMERICAN BAR ASSOCIATION, AND THE AMOUNT OF $2,500, TO THE AMERICAN BAR ASSOCIATION BOARD OF GOVERNORS, TO HELP CO-SPONSOR THEIR MIDYEAR MEETING, TO BE HELD IN MIAMI, FLORIDA, FROM FEBRUARY 7-13, 2007; ALLOCATING THE AMOUNT OF $2,500, FROM THE NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.548000.0000.00000, AND THE AMOUNT OF $2,500, FROM THE OFFICE OF THE CITY ATTORNEY, ACCOUNT CODE NO. 00001.131000.882000.0000.00000. City ofMiami Page 26 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 07-00023 Legislation.pdf 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-07-0024 Mayor Manuel A. Diaz: Thank you, Mr. Chairman. The second item I have is a resolution authorizing a contribution, in the amount of $2, 500. As you know, we -- we're very proud of our City Attorney, who was recently appointed as chairperson of the American Bar Association's government and public sector lawyer's division. The ABA (American Bar Association) is having their midyear meeting here in Miami, and these funds will go to support -- to cosponsor the midyear meeting. I will point out that there will be 3,000 lawyers in town for this event. Commissioner Sarnoff, I'm not sure we want that many lawyers in town at the same time, but it is a good event, and it'll bring economic impact into the City ofMiami, so I ask your support. Vice Chairman Sanchez: All right. It's a resolution. Is there a motion? Commissioner Sarnoff I'll so move. Commissioner Spence -Jones: Second. Commissioner Regalado: Sec -- Vice Chairman Sanchez: Motion by the attorney, second by Commissioner Spence Jones. It's open for discussion. Commissioner Spence -Jones: Just want to just add, Jorge, we want to make sure that we have some of those attorneys going to the neighborhoods to spend some of that good attorney money. Commissioner Sarnoff They probably have to be democratic lawyers then because republican ones, I've noticed they're very tight. Jorge L. Fernandez (City Attorney): We're planning a number of tours to introduce them to the City to see what a beautiful city we have. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. As long as they spend money here. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. M.3 06-02268 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY'S OPTION TO EXTEND THE PROFESSIONAL SERVICES City ofMiami Page 27 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 AGREEMENT WITH PARTNERS FOR SELF-EMPLOYMENT, INC. (THE "AGREEMENT"), FOR AN ADDITIONAL TWO (2) YEAR PERIOD AND FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $200,000, TO PROVIDE ADMINISTRATIVE SERVICES FOR AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM ASSOCIATED WITH THE CITYWIDE POVERTY INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE; AND APPROVING THE TRANSFER OF CONTRACT ADMINISTRATION AND REMAINING FUNDS FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT; APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, FROM THE MAYOR'S POVERTY INITIATIVE FUND FOR SAID PURPOSE. 06-02268 Legislation .pdf 06-02268 Exhibit .pdf 06-02268 Exhibit 2 .pdf 06-02268 Exhibit 3 .pdf 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-07-0025 Vice Chairman Sanchez: Your next item, Mr. City -- Mr. Mayor. Mayor Manuel A. Diaz: Thank you, sir. I may leave town during -- when all those lawyers invade us. The next item -- and I think the last item that I have here -- is item M.3, is asking your support for the extension of our professional services agreement with Partners for Self -Employment, Inc. This is an agreement that we executed some time ago dealing with individual development accounts. As you know, this was an integral part of the many facets that form part of our anti poverty initiative. The individual development accounts allow an individual to have city and federal dollars match their contribution, and all our efforts, for example, to take so many of the residents that we're now serving through our Earned Income Tax Credit campaign and getting these refunds and developing the discipline for a lot of these folks to create savings accounts and to begin to put a little nest egg away so that they can become homeowners or so that they can invest in their small businesses. The program has had a tremendous amount of success. We have encouraged some hundred and twenty-five thousand, approximately, in savings from some of the people that we have been serving through our poverty programs, which in turn, that has been matched by the same amount from the City and by the same amount from the federal government, so you've created a nest egg of some $375, 000, approximately. We served last year, I think, some ninety -some clients -- Miltoria Fordham: Ninety -- Mayor Diaz: -- twenty -- huh? Ms. Fordham: Ninety-four. Mayor Diaz: Ninety-four, to be exact; 21 of which, by the way, became homeowners -- Ms. Fordham: Correct. City ofMiami Page 28 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mayor Diaz: -- and that is an excellent record, and that's something that very -- we're very, very proud of and with our very limited investment, actually, and look at the amount of funds that we're generating and creating homeowners at the same time, so I would ask your support for this effort, and we're joined here by a representative from Partners for Self -Employment. Would you like to add something? Ms. Fordham: Good morning. My name is Miltoria Fordham, and I'm the CEO (Chief Executive Officer) for Partners for Self -Employment. I would like to thank the Mayor and the Commissioners for the approval of the award back in 2005 and 2006. I just want to say that Partners for Self -Employment is committed to serving the low-income community. We were awarded this money in 2005. However, we did not actually receive the contract till 2006. Based on that, we used unrestricted dollars to cover the City's residents coming to that program until we were able to receive the funding. This happened because two reasons. There was a change in management at Partners for Self -Employment, and there was a change in some of the City's function, so we're asking that you support us again so we can continue to provide the ID account and also the financial literacy training that we provide, which is a key component to helping people become self-sufficient, learning how to manage your dollars and money. We do -- we are aware of a problem. We're not in all districts the way we should be. Most of the clients are from Michelle Spence -Jones district. We are working with the Commission liaison, Natasha Colebrook, to do community outreach in all of the City ofMiami districts. We have partnered with the YWCA (Young Women's Christian Association) also to further the development and researches with the clients to target the target market that we're set up to target, so we expect the numbers to change a little bit and to be a little bit more evenly moving forward. Based on the restraints going into the program, we did not have a lot of money for advertising and we don't now, so we would do this based on community outreach, community meetings, PTA (Parent Teacher Association) meetings, working also through community action agency to target those low-income people in all of the districts for the City ofMiami, and we're enlisting your support again so we can continue to move forward with this very worthwhile program. I just want to thank my board members for coming. I have my board chair, Ellen Kempler, with me, vice board chair, Lillie Williams, and my program director, Maria Coto. Thank you very much for your support, and we look forward to working with you in the future. Mayor Diaz: Thank you. Vice Chairman Sanchez: Have we -- did we have a motion and a second already on this item? Pamela E. Burns (Assistant City Clerk): No, we don't. Vice Chairman Sanchez: All right. We need a motion on this resolution. Is there a motion and a second? Commissioner Sarnoff I'll -- Commissioner Spence -Jones: So -- Commissioner Sarnoff -- so move. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second by Commissioner Spence Jones. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 29 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move along. City ofMiami Page 30 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00019 DISCUSSION ITEM DISCUSSION CONCERNING THE RETURN OF CODE ENFORCEMENT SERVICES TO THE INDIVIDUAL NET OFFICES. 07-00019 Cover Email.pdf WITHDRAWN Vice Chairman Sanchez: All right. District 1, the Chairman is not here, and he does not have any on his blue page. District 2, Commissioner Sarnoff, I believe your item has been pulled. For the record, the item has been pulled. City ofMiami Page 31 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-02309 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE CITY OF MIAMI FEES ASSOCIATED WITH THE "SUPER MOTOR FEST 2007," TO BE HELD ON JANUARY 20 AND JANUARY 21, 2007, AT THE ORANGE BOWL STADIUM, WITH THE PROCEEDS FROM THE EVENT, BENEFITING THE CITY OF MIAMI POLICE ATHLETIC LEAGUE AND THE BETTER WAY OF MIAMI. 06-02309 Legislation .pdf Motion by Vice -Chairman Sanchez, 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-07-0026 Vice Chairman Sanchez: All right. I have two items on my blue pages, and it's just a very simple. It's a resolution of the City ofMiami waiving the City ofMiami's fee associated with the Super Motor Fest 207 [sic], to be held on January 20 and 21, 207 [sic], at the Orange Bowl, with the proceeds from the event benefiting the City ofMiami Police Athletic League and Better Way ofMiami. So move. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion and a second. Discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: It passes. City ofMiami Page 32 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00020 DISCUSSION ITEM DISCUSSION ABOUT ESTABLISHING A COMMITTEE TO ORGANIZE AN EVENT AT THE ORANGE BOWL IN CASE EXPECTED EVENTS OCCUR IN C U BA. 07-00020 Cover Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, that the City Commission establish a committee, comprised of two (2) appointees by each Commissioner and three (3) appointees by the Mayor, that would organize events to be held in the Orange Bowl, where citizens would be able to effectively demonstrate their sentiments as it relates to the demise of Cuban Dictator Fidel Castro; further requesting that the Commissioners and Mayor send to the City Manager the names of their appointees to said committee, and that the City Manager provide professional staff and resources in organizing the committee. Vice Chairman Sanchez: All right. Commissioner Regalado, you're recognized for your item. Commissioner Regalado: Thank you very much, Mr. Chairman. This item, I discuss it with the City Manager, I think it was yesterday, and because I know that the City Manager is concerned and many of us are also concerned. Let me give you a little history on this item. If we go back to July 31, 2006, when there was an announcement that the Cuban dictator was transferring the power to his brother because he was going to be sent for surgery, most of the streets in the City ofMiami, throughout Dade County, but especially in the City ofMiami, the historical place to demonstrate, were filled with people showing their joy or their patriotism, and that began a cycle of media attention on what is going to happen, not when, not if but when the announcement that the Cuban dictator no longer exist. Miami -Dade County, through the management of their emergency program, they have designed a -- sort of a program to deal with this. The federal government has a taskforce of many agencies to deal with the issue of immigration and demonstrations and all that. We all saw that there was a demon --a training session in the Broward Convention Center about two month ago, where the City ofMiami participated with their Fire Department and the Police and all of the other big municipalities and the counties, and of course, I have been in touch with some people that I know in the Justice Department and Homeland Security, and they do have a plan. All of these plans have a common denominator, which is the Orange Bowl. The Orange Bowl is property of the City ofMiami, and yet, the County, in their plan, and the feds, in their plan, suggest that the Orange Bowl Stadium will be a point of concentration. My motion today -- and I repeat, I discussed this with the Manager, -- is to -- if everybody agrees that the Orange Bowl should be a place where the media can concentrate, in terms of reporting, where people can attend to demonsfrate their emotions, and we can have a large group of people, not in the streets, but in a certain area, then we need to understand and prepare to do certain events throughout the course of those days where the City ofMiami and Miami -Dade County will be impacted by this news, whatever the news and the follow-up is. My proposal is for the Commission to create a citizens' committee, where each Commissioner will appoint two persons, let's say, the Mayor will appoint three persons, the City Manager will provide the professional staff so these people with knowledge about the community, the different communities, about the entertainment world, about the media, will design an event that could run for hours and hours and hours in an organized way so that people wanting to demonsfrate will be in and out or in the Orange Bowl. Anyways, like I said, City ofMiami Page 33 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Miami -Dade County, the EOC (Emergency Operations Center) ofMiami-Dade County, has the Orange Bowl as a principal site. I don't know if they have consulted with the City or not, but they do, and the City ofMiami, of course, has it too, so my point is the creation of this committee; that every Commissioner should look for, whatever person -- doesn't have to be now. We just need to send the names to the City Manager and get this committee started. Would it work? Most likely, yes, because if we have the support of the City Manager, then we will know if somebody comes with an idea, said oh, let's have a stage for bands and patriotic music and all that, and the City Manager can say, well, yeah. We can do this. We cannot do that. If we're going to have media platforms, then the City will have to offer that; the Police, of course, the Fire Department, so that would be my proposal, my concrete proposal, if you all think it's an idea that we should explore, is to create this committee and start the meetings of this committee as soon as possible because we don't know when it's going to happen. We know it's going to happen, but we don't know when, and have the City Manager use the resources of the City to sort of organize this, so Mr. City Manager, that's the idea. The motion will be to create a committee to prepare the City ofMiami for events that could occur in Cuba in the near future, whereby two members of that committee will be appointed by each Commissioner. The Mayor will be appointing three (UNINTELLIGIBLE), and the City Manager -- Vice Chairman Sanchez: All right. There's -- Commissioner Regalado: -- would -- Vice Chairman Sanchez: -- a motion. Is there a second? Commissioner Sarnoff I'll second. Vice Chairman Sanchez: Second for the purpose of clarifying something. Would it be under the City Manager, working along with the CRB (Community Relations Board)? Commissioner Regalado: Will be the City Manager, and the City Manager will decide if and when the CRB should be included, but this is not the CRB. This is -- I'm talking about a com -- Vice Chairman Sanchez: Separate from the CRB? Commissioner Regalado: Separate, but -- I mean, the City Manager will get the CRB involved because that's what it is, but -- Vice Chairman Sanchez: It was just for the point of clarification. All right. Commissioner Regalado: No. What specifically this committee will do, and I think -- well, maybe we can have -- we can organize an -- sort of an event that would run for so many hours; media will be invited, bands, you know, important people. Let's say the governor of the state of Florida, Charlie Crist, will want to address the Cuban community, and instead of having the governor, you know, standing in Versailles, you know, and blocking the street, there is a venue where people can go listen to the governor. Let's say senator -- United States Senator Mel Martinez wants to -- or even the president of the United States -- who knows what's going to happen? So I'm just saying we should have this group of people with knowledge about media, entertainment, communities because, you know, all communities should be involved because this is an issue that it will impact all Miami -Dade County and, of course, all the City ofMiami. Remember, back in 2000, the Elian case. The Cuban community participated, but it impacted the whole Miami -Dade County area, so that's the clarification, Mr. Manager. Vice Chairman Sanchez: All right. There's a motion and a second. No further discussion on the item. All in favor, say "aye." City ofMiami Page 34 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me. Vice Chairman Sanchez: Yes, sir. You're recognized for the record. Mr. Hernandez: Just to let you know that, reference that issue, we have an internal committee already meeting to ensure that we have taken all the -- or looked at all the contingencies when that moment comes. We want to ensure all departments that could be affected are ready, and I welcome the motion that you just passed because I think that we can benefit from having that, let's say, citizen/private sector input in coordinating the type of events that will be needed. What I will ask is that you can provide -- if you could provide those -- my office those names as soon as possible so we can initiate that process. Vice Chairman Sanchez: But before we do that -- we already passed the motion. You provide us with the organization, how it's going to be created, and then we'll provide you with the names. Mr. Hernandez: Well, in essence -- Vice Chairman Sanchez: I think it's important because the Commissioner stated, you know, who would be -- the Mayor would have three appointments. The Commissioners would have -- how many appointments? -- two appointments, so that's what we need to know right now because that wasn't clarified. Commissioner Regalado: No, no. Vice Chairman Sanchez: That wasn't -- Commissioner Regalado: The motion was very clear, two appointments for each Commissioner, three appointment from the Mayor, and the Manager will provide the staff. Mr. Hernandez: Yes. Vice Chairman Sanchez: Crystal clear. All right. Jorge L. Fernandez (City Attorney): So this will be a resolution that would bring to you at the next City Com -- Commissioner Regalado: No, no, no, no, no, no. Mr. Hernandez: No,no,no. Commissioner Regalado: The committee works tomorrow. Mr. Fernandez: Oh, all right, -- Commissioner Regalado: I mean, if we send them -- Mr. Fernandez: -- so you submit -- Commissioner Regalado: -- the name. City ofMiami Page 35 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: -- the names directly to the -- Commissioner Regalado: Yeah, we -- Mr. Fernandez: -- Manager? Commissioner Regalado: -- send the names directly to the Manager. Mr. Fernandez: No need for a resolution creating committees or anything -- Vice Chairman Sanchez: No. Mr. Fernandez: -- like that. Commissioner Regalado: Right, right. Mr. Fernandez: All right. Vice Chairman Sanchez: All right. Moving right along, is that your -- that was the only item you had, Commissioner Regalado? I guess so. City ofMiami Page 36 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00021 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARY BY AMENDING SECTION 12.5-30, TO DELETE PROVISIONS PERTAINING TO MEMBERSHIP AND RELATING TO MIAMI-DADE COUNTY EMPLOYEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00021 Legislation SR/FR.pdf 07-00021 Cover Memo SR/FR.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: I believe that, Commissioner Spence -Jones, you're recognized for your items on your blue page, and hopefully, we could get some of the other items done before we break for lunch at 2:30, and we will be back at -- I mean -- Commissioner Spence -Jones: 2:30. Vice Chairman Sanchez: -- we'll break for lunch at 12:30, and we'll be back at 2:30. All right. Commissioner Spence -Jones, you're recognized for your blue pages. Commissioner Spence -Jones: Thank you, Mr. Chairman. First of all, these two items that have on my agen -- I actually have four things thatl want to bring up. I don't want to lose -- are we going to lose a quorum? Are we going to lose anybody? Vice Chairman Sanchez: Well, we have lost a quorum, and that happens every now and then. Well, we have a quorum back. Commissioner Spence -Jones: Didl lose you, Marc? Vice Chairman Sanchez: Yeah. For the record, Commissioner Sarnoff is back and we do have a quorum. Commissioner Spence Jones, you're recognized for your items. Commissioner Spence -Jones: OK. I do have two items that are actually on the blue pages, and I ask that you please forgive me on adding two additional ones, but these two items that do have on the -- my blue pages have to do with the Liberty City Revitalization Trust. These are merely just clean-up items. One is to delete the provisions pertaining to membership and relating to Miami -Dade County employees being able to participate on the board. That's the first one, so I don't know if you want to -- OK -- Vice Chairman Sanchez: Please, let's -- Commissioner Spence -Jones: -- so move, so I want to know ifI can move this particular item. City ofMiami Page 37 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: Have you put the item on the record? Commissioner Spence -Jones: I just did. Vice Chairman Sanchez: All right. There is a motion by Commissioner Spence Jones. Is there a second for the purpose of discussion? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado, and the item is under discussion. Any discussion on the item? Jorge L. Fernandez (City Attorney): These are ordinances, and you need to open to the public. Vice Chairman Sanchez: These are ordinances? Mr. Fernandez: Yes. Vice Chairman Sanchez: All right. I did not know they were an ordinance. OK. It is an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. State your name and address for the record. Grace Solares: Yes, sir. Grace Solares, from the Roads Association. Good morning -- Commissioner Spence -Jones: Good morning. Ms. Solares: -- Ms. Spence -Jones. I'm not coming here to oppose your motions. I'm coming here to -- Commissioner Spence -Jones: I can't hear you, Grace. Ms. Solares: -- tell you that amendment -- for you to put -- you're trying to put somebody, obviously, that works for the County in the board, correct? Commissioner Spence -Jones: Actually, what I'm trying to do is make sure that I'm able to have a County employee on -- Ms. Solares: Right. Commissioner Spence -Jones: -- the board if we -- Ms. Solares: Correct. Commissioner Spence -Jones: -- so choose to, and actually, it's a clean-up item because, originally, it should have been included the first time, and it was a mistake that it was deleted. Ms. Solares: The Code, right now -- Commissioner Spence -Jones: Right. Ms. Solares: -- 288-5, I think it is -- I don't remember too well -- allows you to nominate a County employee to a board. With a four fifth -- Vice Chairman Sanchez: Four -fifth vote. City ofMiami Page 38 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Ms. Solares: -- vote of this Commission, you can pass it -- Commissioner Spence -Jones: OK. Ms. Solares: -- and I tell you that I've been watching this Commission for years -- Commissioner Spence -Jones: Right. Ms. Solares: -- never seen Mr. -- Commissioner Sanchez, nor Gonzalez, nor Commissioner Regalado, and for that matter, ex -Commissioner Winton and the late Teele -- Commissioner Spence -Jones: Right. Ms. Solares: -- object to anyone that is coming in to be appointed by any of you. Commissioner Spence -Jones: Right. Ms. Solares: Four fifth of a vote on a Dade County employee, I think is important, and you know why? Because it could be, at some point in time, a conflict of interest, working for the County for a pay, working for free for the City. You are a wonderful and very caring individual for your district -- Commissioner Spence -Jones: Thank you, Grace. Ms. Solares: -- OK, but we do not know who's going to come after you who will have a clean slate and ability to appoint whoever they want from the County in there, so if you have the ability of doing it four fifth, appointing a County employee to the City -- to your board, I don't see, you know, the reason to actually undermine the general standards of the Codes for appointment. That's all I wanted to say. Commissioner Spence -Jones: Thank you, Grace. Ms. Solares: I'm not here to oppose it. OK. Commissioner Spence -Jones: Thank you, Grace. Vice Chairman Sanchez: Thank you. Anyone else speaking on this item? It's a public hearing. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It's an ordinance on first reading. There is a motion and a second. Any further discussion on the Commission? Commissioner Sarnoff Commissioner. Vice Chairman Sanchez: Commissioner Sarnoff you're recognized. Commissioner Spence -Jones: Sure. Commissioner Sarnoff Commissioner Spence -Jones -- Commissioner Spence -Jones: Yes. Commissioner Sarnoff -- did this not require a four fifths vote or does --? You -- your ordinance does not write in there -- I thought I read -- City ofMiami Page 39 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Yeah. Commissioner Sarnoff -- that it have the four fifths requirement because if you -- this is to put a County -- Vice Chairman Sanchez: Employee. Commissioner Sarnoff Right, and you -- Vice Chairman Sanchez: Four -fifth. Commissioner Sarnoff -- do not have that as a part of your ordinance? Commissioner Spence -Jones: No. It was originally supposed to be a part of the ordinance, and as a matter of fact, the last board that we had, Model City Trust there, you know, we could have Miami -Dade County employees. It's been -- Commissioner Sarnoff You -- Commissioner Spence -Jones: -- official for us to have, for the Liberty City Trust -- Commissioner Sarnoff Right. You -- Commissioner Spence -Jones: -- Miami -Dade County employees on there. Commissioner Sarnoff Having heard what Grace Solares had to say, do you oppose the four fifths requirement? I mean, I know myself -- Commissioner Spence -Jones: Not -- Commissioner Sarnoff I'm sorry. Commissioner Spence -Jones: --I mean, I -- this is what I was actually advised to by the City Attorney, that this is the way we needed to do it, correct? Mr. Fernandez: I -- the -- Commissioner Sarnoff Come on, fess up. Mr. Fernandez: -- this ordinance is to remove a prohibition that was placed in this ordinance that no County employee could be appointed. It removes it. Now, the second ordinance, which is a companion to this, brings into play the four fifth requirement. Commissioner Spence -Jones: So we should have actually maybe taken -- Mr. Fernandez: No, no, no. Commissioner Spence -Jones: -- D5 -- Mr. Fernandez: You are taking them in the -- Commissioner Spence -Jones: Right order. Mr. Fernandez: -- right order. City ofMiami Page 40 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: All right. Commissioner -- Commissioner Sarnoff Can -- would you --? Vice Chairman Sanchez: -- Sarnoff, would you like to -- Commissioner Sarnoff Yeah. I'd like -- Vice Chairman Sanchez: -- place an amendment? Commissioner Sarnoff -- to amend it, with Commissioner Spence Jones'respect, so it fits with our other ordinances, which just requires a four fifths -- some people call it super -majority, but four fifths vote of the Commission. Vice Chairman Sanchez: All right. The ordinance has been amended. Mr. Fernandez: No, no, no. Commissioner Spence -Jones: It's already -- Mr. Fernandez: Let's make clear. What the -- Commissioner Spence -Jones wants to remove the prohibition -- Commissioner Sarnoff Right. Commissioner Spence -Jones: That they cannot -- Mr. Fernandez: -- for County employees, period, which means that when she brings to this Commission her nomination, it would only require three votes -- Commissioner Sarnoff Right. Mr. Fernandez: -- to get a County employee to serve on the board. Commissioner Sarnoff But -- Commissioner Spence -Jones: It would still have to come in front of you guys -- Mr. Fernandez: Just like any other -- Commissioner Spence -Jones: -- no matter what. Commissioner Sarnoff I understand, but -- for instance, I'll be putting or asking for a significant board to put a County employee on, and I will put my colleagues on notice that that will require a four fifths vote for that particular board. I'm only suggesting that there is an argument to be made that which master, theoretically, does this person serve, and it's just a safeguard to require a four fifths vote, so I'm respectfully asking could we amend this to put a four fifths vote, which would, by the way, fit with the Zoning Board and fit with the Planning Advisory Board's -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- requirement. Commissioner Spence -Jones: Let me just say this to you because, again, this is what I was City ofMiami Page 41 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 advised to from my CityAttorney's standpoint, so I want to make sure that we're doing this properly. Now, I was told that the only thing that we're doing is really cleaning up something that was put in here, you know, actually by accident, OK, so explain to me -- because this is what I -- was communicated to me. We're only removing the right for a County employee to parti -- not be able to participate, is that correct? Julie O. Bru (Deputy City Attorney): You have two separate ordinances before you. The first one would be to remove the specific prohibition that is contained in the Liberty City ordinance -- Commissioner Spence -Jones: Trust, yeah. Ms. Bru: -- so that would allow Dade County employees to serve on the board. The second ordinance was to then place the Liberty City Trust as an entity which would not require the four fifth, so I think the debate here now is as to the second ordinance, and if -- Commissioner Sarnoff You're right, you're right. Ms. Bru: -- you want to, you can just vote that second ordinance down. Commissioner Sarnoff Yeah. I apologize. I have no problem with your first ordinance. Your -- Commissioner Spence -Jones: Thank you very much. Commissioner Sarnoff -- it would be your second ordinance. Vice Chairman Sanchez: All right, so we have a motion and a second on this ordinance. The public hearing has been opened and closed; we have discussed it, and therefore, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Vice Chairman Sanchez: OK. Madam Clerk, roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 4/0. D5.2 07-00022 ORDINANCE First 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 SECTION 2-884, 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. 07-00022 Legislation .pdf 07-00022 Cover Memo.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be DENIED PASSED by the following vote. City ofMiami Page 42 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. We go to DR.2 [sic], and that's -- Commissioner Spence -Jones: Another one. Vice Chairman Sanchez: -- an ordinance on first reading, which is a second ordinance. You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Again, this is an ordinance, and again, this is recommendation by way of-- for the City Attorney, things that we needed to clean up that was not done properly, I guess, in the original ordinance as we created the Liberty City area trust, so I just want to be clear, Ms. City Attorney, exactly what this -- since I want to be on the same page because I don't want my colleagues to be confused about what we're doing. Julie O. Bru (Deputy City Attorney): Right. The instructions that we had was to prepare an ordinance that would amend the current Code provision that deals with Miami -Dade County employees, and this is in the general standards provision. Miami -Dade County employees are allowed to serve on boards, absent a specific prohibition, which you just took care of on first reading in the prior ordinance -- Commissioner Spence -Jones: Right. Ms. Bru: -- but it's subject to a four fifth vote, except for certain boards. For example, already included in that exception is the Housing Opportunities for Persons with AIDS (Acquired Immune Deficiency Syndrome) Advisory Board, and what we were going to do is, pursuant to the instructions that we had, was to also add the Liberty City Community Revitalization Trust. Now, if it is the wish of the Commission to just leave it alone and not exempt this board from the four fifth, then you need to vote this ordinance down. Commissioner Spence -Jones: OK. I really -- it doesn't really matter to me on this. Vice Chairman Sanchez: I'm sorry? Commissioner Spence -Jones: It doesn't really -- I mean -- Vice Chairman Sanchez: All right, so there's a motion to vote this ordinance down. Commissioner Spence -Jones: So moved. Commissioner Sarnoff Well, with -- Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones, second by Commissioner Sarnoff. It 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 is closed, coming back to the Commission. Any discussion on the item? If not, there's no action to be taken. It's voted down. Commissioner Spence -Jones: OK. "[Later...]" Vice Chairman Sanchez: We go now to public -- well, before we do that, Madam Clerk, there is an item that we need some clarification, and that is, Commissioner Spence -Jones, one of your items, which is D5.2, which there was no action taken. Mr. City Attorney, there was no action City ofMiami Page 43 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 taken because we defeated it. We killed it. Jorge L. Fernandez (City Attorney): Well, you -- Vice Chairman Sanchez: We terminated it. Mr. Fernandez: -- was there -- there was a vote, wasn't there? Vice Chairman Sanchez: No. Mr. Fernandez: There was no vote taken? Vice Chairman Sanchez: So we need a motion to terminate it? Mr. Fernandez: Yeah. There needs to be a vote rejecting the ordinance. Vice Chairman Sanchez: All right. There's a motion by Commissioner Spence -Jones to reject D5.2, which is an ordinance on first reading. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second. For the record, it is an ordinance, so we'll go ahead and open it up to the public. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Any further discussion on the item? If not, Mr. City Attorney, read the ordinance into the record -- Mr. Fernandez: It doesn't need to be read when -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- you're killing it. Vice Chairman Sanchez: 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 44 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 PUBLIC HEARINGS PH.1 06-02281 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CHIEF PROCUREMENT OFFICER'S DETERMINATION AND FINDING AND THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE SOLE SOURCE PURCHASE OF TWENTY-TWO (22) WEATHERBUG WEATHER SYSTEMS AND ACCESSORIES (INCLUDING EQUIPMENT, TRAINING, INSTALLATION, WARRANTY, SUPPORT SERVICES, AND MAINTENANCE), FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AUTOMATED WEATHER SOURCE (AWS) CONVERGENCE TECHNOLOGIES, INC., FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $185,200; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREA SECURITY INITIATIVE" (UASI) GRANT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY NECESSARY RELATED PROCEDURES FOR LICENSES, PERMITS AND REQUIREMENTS AND TO NEGOTIATE AND TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR SAID PURPOSES. 06-02281 Legislation.pdf 06-02281 Summary Form.pdf 06-02281 Memo.pdf 06-02281 Memo 2.pdf 06-02281 Notice.pdf 06-02281 Letters.pdf 06-02281 Memo 3.pdf 06-02281 Email.pdf 06-02281 Transmittal Form.pdf 06-02281 Email 2.pdf 06-02281 Purchase Order.pdf 06-02281 Letter 2.pdf 06-02281 Purchase Order 2.pdf 06-02281 Memo 4.pdf 06-02281 Purchase Orders 3.pdf 06-02281 Fax.pdf 06-02281 Purchase Order 4.pdf 06-02281 Equipment Schedule.pdf 06-02281 Map.pdf 06-02281 Station List.pdf 06-02281 Product Information.pdf 06-02281 Certificate of Liability.pdf 06-02281 Attachment.pdf 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-07-0027 City ofMiami Page 45 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 a four fifth vote, and it's the Department of Fire -Rescue. You're recognized. Deputy Fire ChiefMaurice Kemp: OK We have a resolution approving the acquisition of the WeatherBug Weather Systems. Vice Chairman Sanchez: All right. Not to exceed $185, 000. Glenn Marcos (Director, Purchasing): That is correct. This is a, once again, Commissioners, public hearing; it does require a four fifth vote. The WeatherBug system is a Internet weather system, which allows the first responders, that's Fire and Police, to respond to emergencies, such as hurricanes, and storms, and gas leakage, and respond to those emergencies based upon the weather patterns. Vice Chairman Sanchez: All right. It's a public hearing. It's a resolution. Is there a motion? Commissioner Sarnoff I'll move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff, second -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones. It's 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 is closed, coming back to the Commission. 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 06-02259 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 46 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO FIRST 35, INC., A FLORIDA CORPORATION; ESTABLISHING ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) AS THE AMOUNT TO BE PAID TO THE CITY BY THE AFOREMENTIONED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. City ofMiami Page 46 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: 06-02259 Legislation.pdf 06-02259 Exhibit.pdf 06-02259 Exhibit 2.pdf 06-02259 Exhibit 3.pdf 06-02259 Summary Form.pdf 06-02259 Memo.pdf 06-02259 Notice.pdf 06-02259 Master Report.pdf 06-02259 Legal Description.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez A direction was made by Commissioner Sarnoff to the Administration to conduct a feasibility study to determine what would be required of the City to revert the property located at 46 West Flagler Street back into a park, and to report back to the Commission with its recommendations at the Commission meeting currently scheduled for February 8, 2007; further directing the Administration to meet with each Commissioner, giving them potential solutions for reverting said property into a park. Vice Chairman Sanchez: All right. We go to PH.2. It's a resolution. Laura Billberry (Director, Public Facilities): PH (public hearing) -- Vice Chairman Sanchez: All right. Ms. Billberry: Hi. Lori Billberry, director of Public Facilities. This is a resolution authorizing the Manager to execute a purchase and sale agreement with First 35, Inc., to sell the property at 46 West Flagler Street to First 35, Inc., at a purchase price of 1.4 million. Pursuant to 29(b) of the Charter, the City can dispose of property containing less than 7,500 square feet to adjacent property owners without the necessity of a competitive bidding process. This property was declared surplus by the Commission back in June of '05, wherein we did offer the property to the adjacent owners. Vice Chairman Sanchez: All right. This is a resolution. It will require a motion and a second for the purpose of discussion. It will require a public hearing, so let's either have a motion and a second to discuss it, or whatever the action of this Commission. Is there a motion to move this resolution? All right. Is there a motion to deny this resolution? Commissioner Sarnoff Yeah. I so move. Vice Chairman Sanchez: All right. There's a motion by Sarnoff -- Commissioner -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Sarnoff, second by Commissioner Spence -Jones. Before we open for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, this public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized for this item. Commissioner Sarnoff This was a park -- I've done some research on this, and I've looked up the Miami Herald articles on it, and I recollect, when I first moved to Miami, that across the street from the courthouse was a park, and a park that I recollected to be a pretty nice park, and then I saw in the paper this morning it's exactly as I recollected it. It had trees. It had a City ofMiami Page 47 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 fountain, and ifI recollect, that's where I met two or three of the judges that I met my first days here in Miami, sitting out there having lunch. Then you go by it today and it appears to be a fully erected building, so, the inquisitor that I am, I fried to figure out how does a park become a building in the City ofMiami, and I was told that through some sort of a permit or a one page agreement -- what's it called, Mr. City Attorney? Jorge L. Fernandez (City Attorney): A revocable license. What was it they had? Ms. Billberry: They had a management agreement. Mr. Fernandez: Man -- Ms. Billberry: Latin Ameri -- Commissioner Sarnoff One -page agreement? Ms. Billberry: No, it was not a one -page agreement. Commissioner Sarnoff OK. Through some sort of an agreement, we allowed a park to become - - well, we know it is a building now, and then I became curious as to all the permits that were pulled on this, and I questioned, Mr. City Attorney -- something that's designated a park -- and according to the parks registry, it is designated a special use park -- I don't know if we actually have that, but on the City ofMiami Web site, it's considered a special use park, and now, ifyou go to it, you'll see that there's no trees; that there is a sub -building there, and obviously, there's been permits pulled. There's been building permits pulled. There's been electrical permits, plumbing permits. How does all that happen? Mr. Fernandez: I'm not acquainted with the history of that. Perhaps -- Ms. Billberry: I can -- Mr. Fernandez: -- staff is. Ms. Billberry: -- only briefly -- this item actually started way before I started working in this department, where the City did issue an RFP (Request for Proposals) for a concession in the park. As part of that, they did get permission to develop concession facilities. At one point, it was even to include passport and shoeshine facilities. It later on did get approved by the Administration and the Commission, went through special exception hearings, I believe, to get -- to develop a restaurant on that site. Commissioner Sarnoff So a concession goes from complete green space to what appears to be a building, and we lose a park in a pretty good place to have a park, and now we're going to sell -- and to add insult to injury, the person that we granted this permit to -- am I using the right word, permit? Ms. Billberry: It was a management agreement. Commissioner Sarnoff Management agreement -- then sues the City ofMiami because we asked them to leave, and we had the right to ask them to leave at any time, correct? Ms. Billberry: No. The agreement did have a term. It was a management agreement with a term, four years. Commissioner Sarnoff And we violated that agreement? City ofMiami Page 48 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Ms. Billberry: No, we did not. They did by their not paying their monthly fees. Commissioner Sarnoff OK, so they violate their rent, or fees, and then what happens is we settle with them for $250,000 -- Ms. Billberry: Correct. Commissioner Sarnoff -- OK, so obviously, we determined, in our best financial interest, that somebody who wasn't paying fees pursuant to this agreement warrants getting $250, 000 settlement, correct? Ms. Billberry: It was also in exchange for them terminating the agreement early and turning over all their equipment. Commissioner Sarnoff And now we want to take this out of our parks registry and sell this as a building, correct? Ms. Billberry: That is what we have proposed, yes. Commissioner Sarnoff And I take it that this building and its edifice is all properly permitted? Ms. Billberry: To the best of my knowledge, yes. Commissioner Sarnoff Well, you know, I'm not going to get up here and start talking about how we're 55 out of 55 cities in parks, and that's if we measure our medians and our cemeteries, and that's how we get to 55. How we could turn around and allow this to happen, and somebody could say it was the '80s thinking, followed by the '90s thinking, and I know none of us were here then, but isn't the best thing we can do is to turn around -- it'll be the first time I'd be willing to don a hardhat -- and go out there and tear down this building and put a park back right across the street from a courthouse, where I've asked four or five people in the City ofMiami -- I won't mention their names because they'd be embarrassed -- who had lunches with their wives, met their girlfriends there, and now we have a fully erected building when we had a park, and I suspect, if we went through this in any kind of peeling back the onion and looking at the history, there'd be a lot of embarrassed people, so I think the best thing the City can do is to go out there with a crane and shovel, take down the damn building, and start putting frees up there as fast as we can and create a mini park, and if we can't do that, then we should take the $1.4 million and find a piece of property -- if we could buy it for $1.4 million -- of that size and of that nature and put it, basically, in the downtown area for a mini park. We're never going to have huge chunks of space for parks, but we can have mini parks, and we can allow people who spend ten hours a day in a building to have a half an hour to 45 minutes to go outside and have their lunch when they can, and one of my colleagues recently wrote a letter, who suggested that we are failing to create and maintain and expand parks and green spaces. Vice Chairman Sanchez: It's OK. You could put his name on the record. Commissioner Sarnoff It's Commi -- it's our Chairman, Joe Sanchez, right now, and I think it's time that we take a good look at this particular place and ask ourselves what could we do with $1.4 million? Is this a -- could we create another park for 1.4 million, or is this the place where we just say to ourselves, let's have a park? It's right across the street from a courthouse. It's a very good use for a park. It's never going to be a kickball park, but it could be a park where people can enjoy and go out and meet and greet, so I ask my colleagues to think about and to consider and to vote in favor of asking that, for the first time, a ball and crane be used in Miami in the recent times, knock down a building and don't put another building up there. Vice Chairman Sanchez: Commissioner Regalado. City ofMiami Page 49 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: Well, we already know that it's not the will of the City Commission to sell the building. I don't know who are we selling to or -- and -- but I don't understand why this property cannot revert to a park. I understand that the cost of demolitions would probably be high, being in downtown and all that, but that park was and could be very simple, and we can always go to, you know, the Miami -Dade County advisory -- Parks Advisory Board. We can even get a private company to sponsor the park, and you know, hey, American Airlines Arena, the little white elephant is called Carnival, so why not have, you know, I don't know, Macy's Mini Park of Downtown or, you know, American Airlines or any -- and I'm sure that the excuse that you will get -- well, yes, but we don't have money budgeted for the demolition and the construction of the park -- can be solve if we only do our homework and get a public company, a private enterprise to sponsor the park. I think that selling the naming rights of the park, many people will be interested on it because this is the most walk area in downtown Miami because of the people that come and exit Miami -Dade courthouse. You're talking of more than 10,000, 15,000 persons a day, so whoever wants to sponsor a park will -- I'm sure will be very interested in getting this name recognition and this good public relation. The sponsoring of a park is about good public relations. It's not about advertising. It's just saying, oh, this company is offering this park to the -- and you don't need a billboard. You just need a plaque saying this park is sponsored by whatever company, so I don't think the money is issue, so I don't know why we cannot vote today on, number one, not selling the property, and number two, directing the Administration to build the mini park. I think it will be easy. I think, if we go to the private sector, we can get an endorsement for a sponsorship, an endorsement for that park, and it will be whatever we say it would cost, and I'm telling you, I'm sure that a lot of people will be interested. I mean, big enterprise, so I'm willing to follow Commissioner Sarnoff idea of reverting that land to a mini park. Vice Chairman Sanchez: Commissioner Spence Jones. Commissioner Spence -Jones: I just want to say, again, I'm always deferring to the Commissioner of that disfrict because he knows kind of what his constituents want to see happen in his areas. As far as the downtown area, I know that there's a perception, oh, we have Bayfront Park. You know, that's enough green space to really accommodate the businesses and the folks downtown, but the reality is is most people are not going to trek from Bayfront Park to - - you know, from work, you know, to have lunch or to, as you said, Commissioner Sanchez -- I mean, Sarnoff, to meet two judges when they've just arrived, so I do agree with you and support you on the fact that it's in your disfrict and you know kind of what's best for them. With all the development that's happening in the downtown area, period, I don't think that it even would be a difficult task. You got your DDA (Downtown Development Authority) chairman here -- not chairman, executive director, here that I'm sure could help spearhead that effort to get many of the developers in the downtown area to do something. That's a great -- Commissioner Sarnoff I'm sure he's -- Commissioner Spence -Jones: -- way to give back, butt just want to just -- if you don't mind me adding -- but the point is I think that it's important for us to support you on what you think is best for your constituents, and my disfrict, I have parks too that -- mini parks in my area that I want to make sure that we continue to support, but everybody's district is different, so I support you because it's in your district and that's what you want to have happen. Commissioner Sarnoff I'm hoping the DDA is listening carefully. Vice Chairman Sanchez: Well, we'll get to that. I think you wanted to state something on the record. Ms. Billberry: No. City ofMiami Page 50 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: No? All right. They -- Are you done, Commissioner? Because -- Commissioner Sarnoff Yeah. I -- you know, just -- and just what Commissioner Spence -Jones had to say, the Miami Herald actually wrote an article -- just so you would -- in 1981 that talked about how people would -- you would think would go to Bicentennial Park, but they don't because they won't walk that far and would prefer to use this mini park, so we are now 26, 27 years later, and you could say whatever you want, but you're absolutely dead right on an article written in 1981, and you weren't even born then. Commissioner Spence -Jones: Probably not. Commissioner Sarnoff Yeah. Vice Chairman Sanchez: Well, they -- Commissioner Spence -Jones: Just getting out. Vice Chairman Sanchez: -- say that faith and time come together to make history. The faith is here. The time is today to really make history and do something this city has not done in quite some time, and that is to take a land that was once a park and turn it back into a park, and we have been praised for all the improvements that we have done to our parks, but every time that we sit up here and we talk about impact fees and finding ways to come up with parks, until this day, we have not come up with a park, so I am in favor of it, and I just wanted to know the legality of it because there are two sides to this. One, if, for whatever reason -- and there's always that reason that exists -- we cannot do it, I am all in favor of also supporting the second recommendations that have been put on the record is to make sure that we do take that $1.4 million and be utilized to purchase additional parkland in the City, so those are the things that I think that we need to explore. We do have the time because we're basically -- I think the vote's here to kill this and explore all those possibilities, so having said that, I think we're ready for a vote. Commissioner Spence -Jones: I thought we -- Commissioner Regalado: I just -- Mr. Chairman, ifI may. I just -- I -- the Chairman is right, that we need to know, but I don't understand if there could be a problem not to do a park in that site. If the property belongs to the City ofMiami, if there was a park, if there is a building that can be demolished, if we have no legal problems with the deed of the land because we settle a suit with the other people so no one can sue us, so we can do with that property whatever we want. Mr. Fernandez: Well, you -- I don't know the land use designation that it presently has, and I think that in order for it to be put to the use that it has been put to for the past several years, the land use designation had to change for it to be legally there. Ms. Billberry: No. It is a park. Mr. Fernandez: Oh, it -- Ms. Billberry: It is zoned park. Mr. Fernandez: -- continues with the land use designation -- Ms. Billberry: Yes. City ofMiami Page 51 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: -- of park, so then there is absolutely no prohibition. Commissioner Regalado: So the building is illegal, right? Mr. Fernandez: No. Vice Chairman Sanchez: No. Commissioner Spence -Jones: Yeah. Mr. Fernandez: Apparently, not. Ms. Billberry: No. Mr. Fernandez: Apparently, there was a special exception or something -- Vice Chairman Sanchez: But -- Mr. Fernandez: -- filed. Commissioner Sarnoff Now only in the City ofMiami could we place an entire building on a park and still designate it a park. I mean, there is not -- anybody can see this -- a stitch of land, not a free -- Mr. Fernandez: Well -- Commissioner Sarnoff -- in sight, but this is still designated, by us, a park. Vice Chairman Sanchez: All right. Listen -- Unidentified Speaker: That's right. Vice Chairman Sanchez: -- we -- I think we've accomplished -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- The resolution is dead, all right? Let's get the Administration to come back together with all the information we need so we can make and determine an intelligent decision on this because there's still a lot of questions that need to be answered, and I think -- Commissioner Sarnoff But what questions? Vice Chairman Sanchez: -- it's up to the Administration to meet with each and every one of us to give us all the information so we could proceed with the next step, which is to turn it back into a park. Commissioner Regalado: Well -- Mr. Chairman. Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Mr. Chairman, with all due respect, there is no questions. The only question is the questions that no one has ask, and it's a little difficult, but it needs to be ask. Does the developer want that property? Because if this is to do a favor to a developer, then somebody will find a problem. You know, maybe a main thing from WASA (Water and Sewer City ofMiami Page 52 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Authority) or Florida Power & Light easement or something and nothing can be done there, but it's very clear. If the property is ours, if the will of the City Commission is not to sell it, but to demolish and to do a park -- Commissioner Sarnoff Well, let's vote on the motion to deny the sale, and then I'm going to make a motion that the property be demolished and followed up with some planting of trees. If we call that a park, that's a park. Vice Chairman Sanchez: Well, if you want to do -- Commissioner Sarnoff There's a pending -- Vice Chairman Sanchez: -- that, I just -- Commissioner Sarnoff -- motion. There's a pending motion. Vice Chairman Sanchez: Well, the motion -- yeah, the motion is to deny this and -- Commissioner Spence -Jones: Yeah. We're done with denying it, yeah. We denied it, right? Vice Chairman Sanchez: No, no. We have to vote -- Commissioner Sarnoff We haven't. Vice Chairman Sanchez: -- to deny it. We haven't voted. Commissioner Sarnoff Right, correct. Vice Chairman Sanchez: All right. It is a resolution. It's a public hearing. Anyone from the public wishing to address this item? OK. Everybody, come on up. State your name and address for the record. Nina West: My name is Nina West. Vice Chairman Sanchez: But let's -- two minutes -- Luis Herrera: Oh, I'm sorry. Vice Chairman Sanchez: -- please. Ms. West: 3690 Avocado Avenue, Coconut Grove. I'm here as the parks committee cochair for Miami Neighborhoods United. First of all, I want to applaud Mr. Sarnoff for finding this. I want to applaud the Commission for having the public will, for a change, to support a park, and I agree with Commissioner Regalado, having attended almost as many of these meetings as each one of these Commissioners and more than Commissioner Sarnoff that the City can always come back and find something. One point four million dollars doesn't pay for DDA-boundary park property. We have not enough impact fees from offices, and the office people need to use these parks, to purchase park space where offices are, so I applaud your resolve, and I hope to see an affirmative vote from each and every Commissioner. Thank you. Grace Solares: Grace Solares, from the Roads. I want you to see, look at somebody who used to eat at that park back in 19 -- in the 1970's, so thank you for doing what you've done. Mr. Herrera: My name Luis Herrera, Vizcaya Homeowner Association. I agree with the -- Tomas Regalado and all the Commissioner here to approve for a park. Thank you. City ofMiami Page 53 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff I always agree with Tomas Regalado. Roly More: Good afternoon, ladies and gentlemen. Vice Chairman Sanchez: Name and -- Mr. More: My name is Roly More. Do I have to state my address, sir? Vice Chairman Sanchez: Yes, please, for the record. Mr. More: 801 Northwest 41 stAvenue, Miami, Florida. I just agree with the Commissioner. I think, if it's designated a park, it should be a park and not an edifice. As a new resident of the City ofMiami since August -- I grew up in Hialeah, and I can tell you that Hialeah's had its issues, like any other city, but you can learn a lot -- and I say that respectfully -- from the City of Hialeah in terms of its parks. You have beautiful, beautiful gathering places where children go, with water attractions and water slides, and as a new resident of the City, I would like to see those types of attractions, those types of parks that we can be proud of brought to the City, and I think that you all should speak to the elected officials in Hialeah in terms of the individuals that got involved in their projects because we all live in one community and we all can learn from each other. In closing, I'd just like to say, respectfully, if the area is designated a park, then the building should be knocked down and it should be a park. Thank you. Vice Chairman Sanchez: Thank you. Anyone else from the public wishing to address this item? If not, the public hearing is closed, and it comes back to the Commission. On the motions that you've made, Commissioner, I support you a hundred percent, and if we could get shovels and go out there and start working on it right now, we've got plenty of shovels in my office and Commissioner Regalado's office, and Commissioner Spence -Jones' office. I just think that we need to move prudently on this and have -- we've defeated it already. We -- you need to have the Administration come back and possibly give us some potential solutions to how we could get the park done. Commissioner Sarnoff Can we have it brought up at the next Commission meeting? Vice Chairman Sanchez: Absolutely, yeah, but just -- you know, we need to -- Commissioner Sarnoff I agree. If there's an alternative and we find out there's better use of $1.4 million and it could be to acquire land three blocks away that is already in -- no need of -- Vice Chairman Sanchez: All right -- Commissioner Sarnoff -- demolition, then -- Vice Chairman Sanchez: -- so Mr. City Attorney -- and then we basically have -- we vote it down. We haven't voted on the -- but we'll vote it down when it comes up for a vote, I believe. All right. Mr. City Attorney -- Mr. Hernandez: Mr. Chairman, Commissioners -- Vice Chairman Sanchez: -- Mr. City Manager, you're recognized. Mr. Hernandez: -- I think it would be wise if you allow the staff to do some feasibility study off this one, what's needed to basically revert it, taking a closer look at it, and then come back to you with our findings, recommendations to, in essence, be able to return it to a park. City ofMiami Page 54 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff Just so long as it occurs at the next meeting. Mr. Hernandez: I -- Could it be the first meeting in February -- Commissioner Sarnoff It could, sir. Mr. Hernandez: -- since the next one is a Zoning meeting? Commissioner Sarnoff It could. Mr. Hernandez: Thank you. Vice Chairman Sanchez: All right. All right. Let's -- there's a motion and a second. It's a resolution. The public hearing was open and closed. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. PH.3 06-02284 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, OF: (1) A PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY APPROXIMATELY TWO HUNDRED FIFTY-THREE (253) FOOT LONG STRIP OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 6421 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AND (2) A PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY APPROXIMATELY FOUR HUNDRED FIFTY-ONE (451) FOOT LONG STRIP OF CITY -OWNED PROPERTY LOCATED AT 6301-05 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENTS. 06-02284 Legislation.pdf 06-02284 Exhibit.pdf 06-02284 Exhibit 2.pdf 06-02284 Summary Form.pdf 06-02284 Memo.pdf 06-02284 Notice.pdf 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-07-0028 Vice Chairman Sanchez: We move on to the next item, which is PZ.3 [sic]. PZ.3 [sic] is a Department of Public Facility [sic]. City ofMiami Page 55 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Laura Billberry (Director, Public Facilities): PH (public hearing) -- Pamela E. Burns (Assistant City Clerk): Excuse me. For the record -- Jorge L. Fernandez (City Attorney): PH. Ms. Burns: -- PH. 3. Vice Chairman Sanchez: Yes, PH3. Ms. Billberry: PH 3 -- Lori Billberry, again, Public Facilities. This is the resolution authorizing the City Manager to grant an easement to FP&L (Florida Power & Light). These are for two 5-foot strips in the Little Haiti Park in order to provide electricity for the facilities there. Vice Chairman Sanchez: All right. There is a motion by -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: -- Commissioner Spence -Jones. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it's 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 is closed, coming back to the Commission. Any discussion on the item? If not, 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.4 06-02288 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/"CONSTRUCTION, EXCAVATION AND REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED "EXCAVATIONS," TO UPDATE THE RESTORATION REQUIREMENTS AND THE COST OF RESTORATION FOR EXCAVATIONS WITHIN PUBLIC STREETS AND SIDEWALKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02288 Legislation SR/FR.pdf 06-02288 Summary Form SR/FR.pdf 06-02288 Memo SR/FR.pdf 06-02288 Notice SR/FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 56 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: And we go to PH 4. PH 4 is an ordinance -- public hearing ordinance. All right. Commissioner Regalado: PH (public hearing)? Vice Chairman Sanchez: P -- Commissioner Sarnoff 4. Commissioner Spence -Jones: PH4. Vice Chairman Sanchez: -- H4. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending the streets and sidewalks chapter to update the restoration and cost for restorations related to excavation permits in the public streets and sidewalks. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff, second -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public hearing was open, and now it is closed, coming back to the Commission for discussion. Hearing no discussion from the Commission, it's an ordinance. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been passed on first reading, 4/0. PH.5 06-02287 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), CONFIRMING, AND APPROVING THE TERM AND CONDITION CHANGE REQUESTED BY SARMIENTO ADVERTISING GROUP, LLC, FUEL MIAMI, LLC ("FUEL"), AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, TO AMEND THE ASSIGNMENT AND ASSUMPTION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, PREVIOUSLY APPROVED BY THE CITY COMMISSION ON NOVEMBER 9, 2006, PURSUANT TO RESOLUTION NO. 06-0665, TO ACCEPT AN IRREVOCABLE LETTER OF CREDIT IN THE AMOUNT OF $250,000, IN LIEU OF A $250,000, CONTINUING PAYMENT BOND. City ofMiami Page 57 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: 06-02287 Legislation.pdf 06-02287 Exhibit.pdf 06-02287 Summary Form.pdf 06-02287 Text File Report.pdf 06-02287 Certificate of Liability Insurance.pdf 06-02287 Certificate of Liability Insurance 2 .pdf 06-02287 Bank of America Letter .pdf 06-02287 Pre -Legislation .pdf 06-02287 Master Report .pdf 06-02287 Certificate of Formation.pdf 06-02287 LLC Agreement .pdf 06-02287 Written Consent of Sole Holder.pdf 06-02287 Certificate of Formation 2 .pdf 06-02287 LLC Agreement 2 .pdf 06-02287 Master Report 2.pdf 06-02287 Pre -Summary Form.pdf 06-02287 Letters 3.pdf 06-02287 Agreement.pdf 06-02287 Amendment 1.pdf 06-02287 Amendment 2.pdf 06-02287 Amendment 3.pdf 06-02287 Amendment 4.pdf 06-02287 PSA.pdf 06-02287 Pre Legislation 2.pdf 06-02287 Letter 4.pdf 06-02287 Special Release.pdf 06-02287 Bill of Sale.pdf 06-02287 Written Consent of Managing.pdf 06-02287 Acturacion Notarial.pdf 06-02287 Limited Liability.pdf 06-02287 Articles of Organization.pdf 06-02287 FL. Profit.pdf 06-02287 Articles of Incorporation.pdf 06-02287 Uniform Report.pdf 06-02287 FL. Profit 2.pdf 06-02287 Articles of Incorporation 2.pdf 06-02287 Certificate of Formation 3.pdf 06-02287 Written Consent of Sole Holder 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0029 Vice Chairman Sanchez: OK. Moving right along, PH.5 is a resolution, the Department of Public Works. Stephanie Grindell (Director, Public Works): This resolution requests the City Commission to consent, ratify, and approve a term change, allowing the City to accept a letter of credit in the amount of $250, 000, in lieu of a continuing payment bond in the same amount, regarding the assignment of Sarmiento to Fuel. City ofMiami Page 58 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: OK. Can we get a motion? Commissioner Spence -Jones: Well, I just want to have some clarity. Vice Chairman Sanchez: Well, let's get a motion and a second for the purpose of discussion. Commissioner Sarnoff I'll -- Vice Chairman Sanchez: Is there a motion? Commissioner Sarnoff -- move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. It is a public hearing, so before we discuss it, let's open it up to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Nina West. You're recognized. Nina West: Hello. Vice Chairman Sanchez: Madam Clerk, two minutes, please. Ms. West: OK, 3690 Avocado Avenue, Coconut Grove, Florida. I'm the cochair of the parks committee for Miami Neighborhoods United, which will soon be the parks and public space committee. I have a question, and the question is the following. This contract is going from one vendor to another, and I'm not sure if this is just for the installation, but I want to know who is receiving the payment for the advertising that goes on these bus benches and -- Vice Chairman Sanchez: All right. Ms. West: -- shelters? Vice Chairman Sanchez: The question is through the Chair. Mr. City Attorney. Jorge L. Fernandez (City Attorney): I'll defer to the City Manager. Those are terms and conditions. Pedro G. Hernandez (City Manager): This item deals with the existing bus bench contract that the City has originally by Sarmiento that was assigned to Fuel. The monies are received by the City, and those monies are used for the maintenance of bus shelters that the City currently has in place. Ms. West: Yes, but the question I'm asking is actually -- and I wasn't too clear. When the transfer of the contract goes from one to the other, does the contract terminate, and then we're just agreeing to the assignment, or is the assignment part of the original agreement that they may assign the contract? Mr. Fernandez: It is to the assignment. Mr. Hernandez: An assignment of the original contract. Ms. West: OK. Thank you. City ofMiami Page 59 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: It's an assignment of the original -- Commissioner Regalado: But -- Mr. Fernandez: -- confract. Vice Chairman Sanchez: All right. Commissioner Regalado: Can I say --? The briefing that I have is Fuel bought Sarmiento, so they bought the contract. Mr. Fernandez: Correct. Commissioner Regalado: It's like -- Mr. Fernandez: Correct, but they -- Commissioner Regalado: -- a company buy -- Mr. Fernandez: -- could not buy it without the City's consent. Commissioner Regalado: I understand that. When Comcast bought AT&T (American Telephone & Telegraph), they bought also the confract -- Mr. Fernandez: Exactly. Commissioner Regalado: -- in the City ofMiami, so it's just a -- some company buying another company. Mr. Fernandez: Exactly. Ms. West: Yeah. That's all I'm asking. Vice Chairman Sanchez: All right. Thank you. Anyone else from the public? If not, the public hearing is closed, coming back to the Commission. There's a motion and a second. It's a resolution. I just have a question. Are we doing this for the City or at their request? Mr. Fernandez: No, no. This is being done, basically, at my request because you -- when you approved the transfer, you had a very specific condition, that they had to provide a bond -- Vice Chairman Sanchez: Got it. Mr. Fernandez: -- and a bond is a different type of instrument than a letter of credit. They could not consummate their closing between the two of them without satisfying all of the requirements that you had laid out. We decided to go ahead and allow the change of a bond to a letter of credit, but that would require, ultimately -- and that's why we're here -- you consenting and understanding that you're now accepting a letter of credit rather than a bond. Vice Chairman Sanchez: Right. Mr. Fernandez: It's really not a real big thing. Vice Chairman Sanchez: That's fine, to protect our interest. I'm OK with it. Mr. Fernandez: Your interest -- City ofMiami Page 60 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: All right. Mr. Fernandez: -- to keep the -- Vice Chairman Sanchez: OK. 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 is a resolution; that has been deferred. Mr. Fernandez: Correct. PH.6 06-02286 RESOLUTION Department of TO BE WITHDRAWN Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PUBLIC WORKS THAT FUEL MIAMI LLC., A DELAWARE LIMITED LIABILITY COMPANY ("FUEL'), AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("FUEL OUTDOOR"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE BUS BENCH DESIGN, INSTALLATION, AND MAINTENANCE OF BUS BENCHES AND BUS SHELTERS FOR USE BY THE GENERAL PUBLIC WITHIN THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER FIVE (5), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE BUS BENCH DESIGN, INSTALLATION, AND MAINTENANCE AGREEMENT, AS PREVIOUSLY AMENDED, (COLLECTIVELY, THE "ORIGINAL AGREEMENT") WITH FUEL AND FUEL OUTDOOR. City ofMiami Page 61 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02286 Legislation .pdf 06-02286 Exhibit .pdf 06-02286 Exhibit 2 .pdf 06-02286 Summary Form.pdf 06-02286 Memo.pdf 06-02286 Summary of Findings.pdf 06-02286 Request to Publish.pdf 06-02286 Notice of Public Hearing.pdf 06-02286 Sealed Bidding.pdf 06-02286 Chapter 337.pdf 06-02286 Pre-Legislation.pdf 06-02286 Pre -Summary .pdf 06-02286 Pre -Legislation 2 .pdf 06-02286 Letter .pdf 06-02286 Schedule A.pdf 06-02286 Letter 2 .pdf 06-02286 Letter 3 .pdf 06-02286 Letter 4 .pdf 06-02286 Letter 5 .pdf 06-02286 Agreement.pdf 06-02286 Pre -Attachment .pdf 06-02286 Corporate Resolution.pdf 06-02286 Amendment to the Agreement .pdf 06-02286 Amendment to the Agreement 2 .pdf 06-02286 Scope of Services .pdf 06-02286 Pre -Legislation 3 .pdf 06-02286 Amendment to the Agreement 3 .pdf 06-02286 Pre -Legislation 4 .pdf 06-02286 Amendment to the Agreement 4 .pdf 06-02286 PSA.pdf 06-02286 Scope of Services 2 .pdf 06-02286 Pre -Attachment 2 .pdf 06-02286 Pre -Legislation 5 .pdf 06-02286 Letter 6 .pdf 06-02286 Special Release .pdf 06-02286 Bill of Sale .pdf 06-02286 Fuel Outdoor.pdf 06-02286 Web Site .pdf CONTINUED Item PH.6 was continued to the Commission meeting currently scheduled for February 8, 2007. 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 City ofMiami Page 62 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 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. 06-01711 Legislation SR.pdf 06-01711 Legislation FR.pdf 06-01711 Cover Memo FR/SR.pdf 06-01711 Pre -Legislation FR/SR.pdf 06-01711 Pre -Legislation 2 FR/SR .pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer item SR.1. Vice Chairman Sanchez: And we move on to SR.1. SR.1 is an ordinance on second reading. OK. I hope that -- I understand that you met with Ms. Solares and -- Dana Nottingham: Yes. Vice Chairman Sanchez: -- you had a -- Mr. Nottingham: Yes. Vice Chairman Sanchez: -- very productive meeting. OK Mr. Nottingham: For the record, my name is Dana Nottingham, executive director of the Downtown Development Authority. These two items relate to the changing of DDA (Downtown Development Authority) bylaws, which required clarification and changes to two chapters in the Code, Chapter 14 and Chapter 2. It was deferred at the last session so that we could have more time to answer some questions. We have had some -- a quality exchange with Ms. Solares, and in the language that's being passed to you that has been drafted by the City Attorney, there are two things in there I'd like to point out. One, if you -- if you're looking at the document, on page 4, Section 14-58, it clearly states that the executive director of the DDA will provide written reports to the Mayor and to the City Commission on a monthly basis. That is a change that was made since the last meeting, and the second change that was made relates to our current practice of outsourcing financial administration to a accounting firm, which does not have the authority to sign checks, so there -- additional language was added to make sure that that was absolutely clear. On page 5, you'll see that language that is underlined and says vouchers signed by a minimum of two authorized signatories of the Authority, who shall be the executive director and one member of the board of directors, or two members of the board of directors. Vice Chairman Sanchez: All right. Ms. Solares, you're recognized. Grace Solares: Well, first of all, thank you, Mr. Nottingham for meeting with us; thank you, Commissioner, for giving me the opportunity to meet with Mr. Nottingham and Beatrice Barberio. I have to tell you, you have incredible people, as far as these two individuals, on that Authority. They were the most wonderful people, more helpful people; they provided me with some documentation that we asked for, and I am very grateful for the changes made, and have absolutely no objection. However, the Roads still has two objections, and I believe there's another speaker that's going to come here to address another objection. IfI don't address anything, it's because I'm not objecting to it. I'm only going to say what I'm objecting to, OK, or what the Roads is objecting to, most precisely, 14-52, which is -- Vice Chairman Sanchez: Which is what? Which one? City ofMiami Page 63 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Ms. Solares: Right here. The 14-52 -- actually, A, I'm not -- we're not objecting. However, I'm going to -- which is the first one, which says, "The remaining 12 members shall be," blah, blah, blah, blah, and they're adding, "The Board shall include at least one member from each subdistrict created by the authority from time to time." They -- they're adding that language in there. We believe it's very helpful to it. However, I think it should be a little bit more than one member. It should be two members. However, this is a good beginning of a change, and I'll tell you why. Right -- the district is divided into four districts, which is the Brickell, which is the Central Business District, which is the -- I think it's Park West or West Park -- Mr. Nottingham: Park West -- Ms. Solares: -- Park West -- Mr. Nottingham: -- Media and Entertainment. Ms. Solares: -- and the Media Entertainment District. Right now, pursuant to what they sent me here, there's no representation from West Park or Park West, and there is no representation from the Entertainment District. This is actually an effort, the amendment, I think, to put some people from those areas in the board, correct, Mr. Nottingham? Mr. Nottingham: Correct. Ms. Solares: Correct -- Vice Chairman Sanchez: Yes. Ms. Solares: -- which I think is very good. However, I think, having two more from each district, will be very, very beneficial. That would leave four at -large, plus three of governmental representatives, so you will have a real mix and a true representations of the district. That's just a recommendation. However, I commend you for what you are amending right now, OK? Now let's go to my opposition -- to the Roads' opposition on this issue. Vice Chairman Sanchez: Which section is that that you're in opposition? Ms. Solares: This is going to be the -- let me go to your proposal -- to the proposal here. This is going to be 14 -- no. Let's see, let's see, let's see. This is going to have to be with 14-52(c) and (d), "c" being deleted in its entirety because the amendment to "d," and of course, my objection to "c" is based on my objection to "d." Ordinance -- the ordinance on 14-52(d) presently states that `Members shall serve a term of three years," and this, of course, is subject to the limitation imposed in another ordinance, specifically 288-5, which you're going to be reading in a little while because it's coming immediately after this, OK? You're going to be attempting to amend the Code itself which restricts members of a board to no more than eight years on any board. The court, therefore, specifics -- specifies a number of years for each term and a maximum of years for each board, OK? The Roads does not expand -- does not oppose the expanding from three years to four years. We don't object to that. We do object to the amending and allowing of any directors to serve more than the eight years. I will explain. Now that I've told you that the -- what the ordinance imposes on the DDA, let me tell you what is really happening. Today there are people on the DDA who have been there 9, 10, 14, 15, and by the end of the expiring term, would have been there for 18 years. The amendment will give the ability for that 18 year member to apply for another four years. That member will be there 22 years, and the other one's 18, and the other one's 17, et cetera, et cetera. That restricts the ability really of having a more diverse representation of other districts on the DDA. Now, knowing all of this, this Commission is also being asked to approve the failures to comply with the ordinance that limits service on the board of eight years, and allow for members to be there for nineteen, and so on. The plain and simple fact of the matter is to propose to accept the proposed amendments will be to simply City ofMiami Page 64 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 continue business as usual, and again, there will be no new board -- no new blood on the board, and this will further impede the broader representation, as I said before, of the people in the entire district. If you accept this proposed amendment, you will allow the representative of the CBD (Central Business District), pursuant to this, the copy I received yesterday, to be the dominating group of the entire board. Therefore, the Road urges that the amendment be defeated on this particular issue, with the exception that we have no opposition to having the change from three to four years for each members [sic], but retaining the limitation of no more than eight consecutive years pursuant to 288-5. Some argument may be made, after I sit down, that the extension is necessary so that in the event a member is in the middle of any particular project, by the time of the expiration of the eight years, they'll be allowed to actually stay, but guess what, Commissioners? You have two full limit -- two full four -term limits. If you are in the middle of a project, you, an elected official, has to go, so that will be to me somewhat of a fallacy in that one. The proposed amendment wants to do away with ground 2, which is with what -- without cause. This is having to do with the elimination, and this -- I'm addressing now -- that is the end of my opposition on 14-52, OK? No more than eight years. Vice Chairman Sanchez: So that's your opposition on Section 14-52? Ms. Solares: Correct. Not more than eight years; no extensions. You have people there for 18 years, OK, and a proposal, like I said, maybe two is a good start for them to do that, and I do recognize it, having the new -- the four new members from the new subdistricts. Now with reference to 14-55, the ordinance, expressly written, allows the Commission to remove a member -- and this is very important, Commissioners, very important, please -- one, with cause, and two, without cause. Moveover, it contains a self-executing automatic removal when a board member is absent from three consecutive regular meetings or from four meetings on a calendar year. The proposed amendment meet -- seeks to do away with the language "without cause, " and seeks to do away with the automatic removal. That means that somebody appointed, unless there can be a "cause," the person is not off the board. Let me put it another way. Because there is no definition of cause, if a board member decides to pursue a policy that is contrary to the public policy of this Commission, that is not cause. For example, public policy for you, Commissioners, is building affordable housing in a specific area of town -- in a specific DDA area, and you send a message by way ofMr. Nottingham, probably, to the board saying, you know, we really want to build more affordable housing in the DD [sic] area. We want you to work towards that. Well, guess what? The board of directors can sit and say, gentlemen, ladies -- the board can say, gentlemen, ladies, that is not financially good for the district. It really isn't. What's good for the district there is not put affordable housing; it's building 40-story high, 5,000 condominiums, and get all kinds of revenues for us, so that's exactly what we're going to do, despite of the fact that the Commission says that affordable housing should be (UNINTELLIGIBLE); that is public policy, and that is not cause, under this proposal. That is not cause. Cause, pursuant to 112, which is -- they've put it here as a filler, will be malfeasance, misfeasance, drunkenness, negligence. That's -- have nothing to do with this. The amendment is just crazy, so it is impossible for me to conceive that this Commission would allow to the language proposed here, that it says that you're deleting the "with or without cause." These people will be able to do anything they want, and you'll have no control to remove them, no control to remove them, and by the way, needless to say, the word "cause" only, without a definition, will be a field day for attorneys, because I'll let you know, if you remove somebody with what you think is cause and his is no cause, we're going to have a tremendous litigation, tremendous, so the real purpose of the proposed amendment is to simply do away with 14-55(b), which is the automatic removal as well. There has to be an automatic removal, Commissioners, after the three or the fourth, there has to be, because people, if they really want to serve on a board, and really want to be -- they have to be pressed to a specific standard. If you're not here three times on a row or four times in a year, you're off. Right now it's very simple. IfI am working with somebody on a board for nine years -- Vice Chairman Sanchez: Could l interrupt you for a minute? City ofMiami Page 65 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Hs. Solares: Sure. Vice Chairman Sanchez: I would love to do that on every board -- Hs. Solares: Automatic? Vice Chairman Sanchez: -- and we would not have people -- Hs. Solares: Huh? I don't hear you. Vice Chairman Sanchez: -- we would not have people in those boards, because people volunteer themselves to participate, and with the hectic life that we live, there are some people that can't make it to some meetings. As long as there are justifications as to family sick and stuff it's OK, but -- because at three meetings, I guarantee you, our boards will be skeleton boards because people -- it's hard to keep people on our boards. Hs. Solares: But it's -- Vice Chairman Sanchez: That's the hardest thing that we're having -- Ms. Solares: -- written to the Code. You can override that. You can override it -- Vice Chairman Sanchez: I know it. Hs. Solares: -- but it should -- Vice Chairman Sanchez: You don't need to remind me that I'm the policy writer here. I know that. Hs. Solares: Yeah. You can override it, butl think it should be here just so when they see it, when people come to see it, gee, I -- yeah, I really have to make it here. Just for it to be here. You know very well that you can override it with a four fifth. Julie O. Bru (Deputy City Attorney): You know, ifI may -- Hs. Solares: I -- Hs. Bru: -- members of the Commission, we have to have that in there because we have to comply with state law, and state law makes members of the DDA municipal board officers, and require that there be public hearing, an opportunity to be heard; they have to be removed by cause, so we're simply complying with state statute. It's not up -- it's not really up to us to change that. It's up to the legislature in Tallahassee. Hs. Solares: There'll be another speaker, besides me, addressing -- Vice Chairman Sanchez: Grace. Hs. Solares: -- that specific issue -- Vice Chairman Sanchez: Grace. Hs. Solares: -- with the law -- Vice Chairman Sanchez: Grace, we'll be -- City ofMiami Page 66 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Ms. Solares: -- so -- Vice Chairman Sanchez: -- here as long as it takes so we can resolve this issue. The executive director would like to state something for the record -- Mr. Nottingham: Yeah. Vice Chairman Sanchez: -- pertaining to that, and I think, as you state your concerns, I think it's important either the Legal Department to address your concerns and have -- or have the executive director address your concerns, or have myself as the chairman of the DDA, address your concern. Executive director, you're recognized. Mr. Nottingham: OK. For the record, I want to respond to three of your points. First of all, let me reiterate that because of the way the ordinance was previously written, it allowed so that members could renew their terms, and as a result of that, you have people there who have been there for over 15 years. It was the intent of this board to term limit itself for two reasons: For turnover, and then two, to broaden representation within downtown, which was the rationale for at least one representative being within one of the subdistricts that we have defined. In terms of - Vice Chairman Sanchez: (Comments off the record). It's all right. Mr. Nottingham: Excuse me? Vice Chairman Sanchez: It's OK. Mr. Nottingham: OK, so in terms of eight years, there is a provision here that gives the chairman of the board some executive discretion that, in the event if someone was on the board that was involved in something that was of critical value to the Downtown mission, that there was a way that the board, if they voted unanimously, and if this Commission voted unanimously, that they could remain on the board for another four years, but again, the focus was on the eight year term limit, which I think was a big, progressive step for this board. Ms. Solares: At this rate right now, that person, who has been there for 18 year will have an additional -- I reiterate, it's very specific, written on the language that is being added, that person will be there for another four years, the person who has been there for 18. Commissioner Spence -Jones: Can I just ask a question, and I just want to be clear? I mean, until the policy changes on it -- I mean, technically, whatever's happening right now, Ms. City Attorney, they'd just be grandfathered in, correct? Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: They're just grandfathered in. Vice Chairman Sanchez: They would be under this. They -- it would start right now, in 207 [sic]. Ms. Bru: You know, actually, the way that the ordinance is now, individuals who serve on the board can be reappointed indefinitely. They could come back to the Commission, and you can appoint them for one-year terms, indefinitely, so what is happening here -- Vice Chairman Sanchez: By the Commissioners. City ofMiami Page 67 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Ms. Bru: By the Commission -- this is becoming a little bit more restrictive now -- Vice Chairman Sanchez: Yeah. Ms. Bru: -- because you can only be reappointed for one additional four-year term -- Mr. Nottingham: Correct. Ms. Bru: -- as opposed to indefinite one-year periods annually. Mr. Nottingham: It's considerably more restrictive, compared to indefinite. Vice Chairman Sanchez: Please, proceed. Ms. Solares: With reference to attendance, which is also within part of this thing, I have to refer you, sir, to 14.52 [sic] (e). Vice Chairman Sanchez: Please, proceed. Ms. Solares: 52(e) allows -- I'm just addressing the issue of the absences. 14.52 [sic] (e) allows a member of the DDA to participate by phone, whether if it -- he's in -- I don't know where he is; he calls in. Phone participation counts for quorum and counts for voting, so just to tell you, they have so many things to do, they can call -- Vice Chairman Sanchez: Grace, Grace. Ms. Solares: If they're in the middle of the Amazon, and the phone falls in the middle of the Amazon River, that would be a problem, and that would be excusable, absolutely, but -- Vice Chairman Sanchez: Grace, some of the -- Solares: -- just to tell you about the excuses. Vice Chairman Sanchez: -- people on those boards are very respected people in this community that have to travel for business or have to travel abroad, and they could participate through the phone and vote through the phone. Ms. Solares: That's right, that's right -- Vice Chairman Sanchez: I mean, you -- so you object to that? Ms. Solares: -- so -- no, I'm not objecting to that. I'm objecting to the change of the attendances, because they can call on the phone and become a quorum, vote on the issues. That's what I'm objecting to -- Vice Chairman Sanchez: OK. Ms. Solares: -- so having said that, I think those are the issues that I was -- that I am still opposing on those issue, but I think there's somebody else talking on the issues here on the -- so the two issues, to make it very clear, is no amendment to 14-55 as proposed, because the language of "without cause" -- Vice Chairman Sanchez: OK. Ms. Solares: -- should stay in the present language; that the City Commission be allowed to City ofMiami Page 68 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 remove any member of that board with or without cause. The way you have it now is for cause -- Vice Chairman Sanchez: For cause. Ms. Solares: -- and for cause, it's not defined -- Vice Chairman Sanchez: OK. Ms. Solares: -- and that's what told you would be a lawyer's nightmare, and for other reasons that said, and also as well, the issue on the length of the membership terms. That's the Roads Association presentation, and again, Mr. Nottingham, I thank you very much. Mr. Nottingham: Thank you. Ms. Solares: I agreed to disagree. Thank you. Vice Chairman Sanchez: Thank you so much. Mr. Nottingham: I enjoyed our exchange. Vice Chairman Sanchez: Anyone else will be speaking on this item? Please step forward and be recognized, please. Linda Carroll: Madam Commissioner, gentlemen Commissioners, my name is Linda Carroll. I'm an attorney. My office is in downtown Miami, where it's been for the past, I guess, 20 to 25 years. The address is 1 Southeast 3rdAvenue, Suite 1260. I've become familiar with the actions in the legislative process, I guess, more acutely in the past year because I've known Ms. Solares for about 20 years, since she's my secretary. As a result of it, I've had the opportunity to look at some things that I personally, since I have my office down there for 20 years, and have been wondering why my rent is going up, and why various things have going on, and perhaps I should have been more vocal about it in the past, but now, here I am. I would like to address the changes with regard to SR.1, and in particular, the changes dealing with the length of term, as well as the repeal provision. I'd like to first address the statement that guess the City Attorney has made, that it's required, as far as having cause removal is a requirement of state statute. Vice Chairman Sanchez: That's Section 14-52? Ms. Carroll: I believe she's referring to -- Mr. Nottingham: 55. Ms. Carroll: -- referring to -- Ms. Bru: Section 112 -- Mr.Nottingham: 55. Ms. Bru: -- .501 of the Florida Statutes, Municipal Board Members, Suspension and Removal. Ms. Carroll: Correct, and I believe it's because of that statute, their perception, at least, that that statute requires the amendment to 14-55. Well, the statute -- the state statute that we're talking about, 112.501, it gives a definition of a municipal board member, and then it goes on to discuss how one removes them for cause. There's nothing in this state statute that limits or restricts this Commission from imposing a greater standard of conduct or attendance or removal, for that matter, including without cause. It's important that you keep in mind, you City ofMiami Page 69 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioners do not appoint board members, or the directors of the DDA. We -- people keep talking about the appointment, the appointment. You do not appoint. Vice Chairman Sanchez: Board members? Ms. Carroll: You do not appoint. The board members are not appointed by this Commission. If you take a look at every other board, you will see, with all due respect, Commissioner -- Vice Chairman Sanchez: Ma'am -- Ms. Carroll: Yes. Vice Chairman Sanchez: -- we, the Commissioners, appoint the board members -- Ms. Carroll: No, you don't, sir -- Vice Chairman Sanchez: -- of the DDA. Ms. Carroll: -- and I'll explain why. You confirm; you do not appoint, and when you have a change in language on one statute -- and an ordinance is like a statute -- when you use one language, such as the PAB (Planning Advisory Board) or some other board, where it says, "A Commissioner shall appoint or nominate" -- Commissioner Regalado: No. You're right. Ms. Carroll: He -- Commissioner Regalado: We don't appoint. We just -- Vice Chairman Sanchez: We confirm. Commissioner Regalado: -- confirm. No, no. Ms. Carroll: -- you do not -- and you do not nominate. Vice Chairman Sanchez: We confirm. Commissioner Regalado: We confirm. Ms. Carroll: You do not nominate. Commissioner Regalado: That board, and the Miami Parking Authority -- Mr. Nottingham: Right. Commissioner Regalado: -- plus, the Overtown Advisory, we confirm; only we confirm. We do not appoint. Actually, we cannot appoint. Ms. Carroll: That's right. Commissioner Regalado: We can reject. Ms. Carroll: You can't even -- the individual Commissioner, however, cannot nominate. The Liberty Trust -- you were talking about, Commissioner Spence Jones, today, you want to at least be able to nominate somebody. City ofMiami Page 70 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Right. Ms. Carroll: You don't nominate anybody to the DDA, and, in fact, that's part of the problem. You have a DDA, and when you take a look at the present structure of the membership -- and I don't know these people, so I'm not -- I don't have an ax to grind for anybody, or in favor of somebody else because I don't know them, but you have right now an organization that has, as Ms. Solares said, one member who's been on there by -- when their present term expires, 18 years; another one, 14 years; you have at least three 10 years, and one 9 years, and at that point, according to the -- what is being proposed, guess who gets to nominate their reappointment? Themselves, and that is what has happened. Out of -- there are 15 members on this board; 3 of them are governmental appointees. You have -- Vice Chairman Sanchez: The State -- Ms. Carroll: -- the State -- Vice Chairman Sanchez: -- the County. Ms. Carroll: -- the County, and I forgot who the other one is, but there's a -- there are 12 remaining. None of you Commissioners nominate for the slot -- any one of those 12 slots. The people who are ensconced there, the people who have been there more than eight years, and who basically, when you count up the numbers, have more than 50 percent of the votes on that Commission -- on that board, they are the ones that nominate, and therefore, it is presented to you. I would ask -- and this -- and Mr. Nottingham was very gracious when I met with him earlier this week, and what I'm about to say precedes his attendance of being the director, but I daresay the present member -- and I don't remember who it is, and I'm not going to go into names -- who's been there right now, say, 15 years, when his last term ended and he was being renominated, I suspect none of you were probably even on this Commission; maybe you were, butt wonder what the records would show? Would you have been told, oh, by the way, we're renominating this individual, but you know what? You know that other ordinance that says you can only be on a board for eight years, we're ignoring that. I don't think, if you go back to the minutes of such a meeting, any Commissioner was told that, and what you have here is a pattern whereby it is self-perpetuating, self-perpetuating, and really, now what is being asked, for whatever reason, is two things: Change the way to have this "term limit. "I mean, three years is a term, or four years is a term, and if you change it fi^om three to four, that's fine because that adds up to eight, which is consistent with the existing ordinance, but to do what is being proposed, one, you're being asked to ratify, if you wish, something that shouldn't have happened to begin with because it's contrary to existing statute, and two, you're being asked to perpetuate it. Now let me jump with regard to the automatic removal, which the City Attorney says is required. Chapter 112.501 says, for purposes of this section, the term "municipal board member" defined as any person who is appointed or confirmed by the governing body, a municipality, to a -- to be a member of a board, commission, authority, of which was created, authorized by a general law, special act, or municipal charter. Well, the DDA was not created by a special act or municipal charter. The question is, was it created or authorized by a general law? Well, it wasn't. It was created by an ordinance, and if the City Commission, Authority -- or the Legal Department is going to suggest that it was authorized by general law, then one would think that the ordinance creating it would have complied with the general law that they're relying on, but you know what? The DDA's basic structure does not even comply with, from its inception in 1967, what was originally designed to take care of dilapidated in inner cities. That was the initial concept, but guess what? That original statute would not permit Commissioner Sanchez to be the Chairman. You know why? Because that particular statute prohibits anybody, other than the Mayor of the municipality, from being chairman of this development authority. That particular statute also -- point out here. Notes. -- require -- states it shall be five members. The Mayor is to be the Chairman; four others are to be appointed -- appointed, mind you -- by the Commission. As I City ofMiami Page 71 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 said a few minutes ago, you all don't appoint; you don't nominate. It is the folks that are already empowered that do the nomination, if you wish. It also states that no officer or employee of the City is eligible to serve on the DDA. I don't see how a Commissioner can be on it. Now the Commissioner, you're on it properly, because it's in compliance with the ordinance. My point is this ordinance was not created by this statute because it's at odds. In fact, the City ofMiami did not even need the statute that the CityAttorney's Office would be referring to as being the sole basis of coming within Chapter 112 because the City has its own authority to create boards. It has its own authority, by way of the Charter, to do a whole host of things, so you didn't need a state statute to create this concept of the DDA. The fact that such a thing was proposed in a statute is one thing, but the City elected not to follow that statute. The City elected to create something of its own doing, which is fine, but now to come back and say, well, we have to do it because of Chapter 112, well, you can't say that this is a creature of that old statute because that old statute is not what you got here when you created the DDA, so there is no requirement. There's no place that says, in 112, that any municipality is required to keep the DDA. I would also point out, if you take a look at, I think it's -- let me see, 2-881, where it identifies and defines the fact that the general standards contained in Section 2 and how they're to be applied generally to boards, it makes clear that those general standards are not applicable to -- and it specifically states -- statutory boards or boards created by Charter. There is a footnote in the Charter -- I have the book here -- Vice Chairman Sanchez: Ma'am. Ms. Carroll: -- and I will read it, if you like, but it states City Attorney note, and it identifies those boards that come within either being statutory boards or charter boards, and it does not include the DDA. It includes such boards as the Civil Service Board, the Off -Street Parking, the Code Enforcement, the PAB, and the Zoning. Now I would have thought, when they wrote that section, they did an evaluation to determine what are the statutory boards and what are the charter boards, and they would have -- Commissioner Sarnoff Mr. Chairman. Ms. Carroll: -- put the DDA in. Commissioner Sarnoff I don't mean to interrupt you, butl may have something of a viable solution here. I don't think any of you want to be schooled in enabling legislation. Why don'tI have Ms. Solares -- and I forgot your name. Ms. Carroll: I'm Linda Carroll, Commissioner, Linda Carroll. Commissioner Sarnoff -- Ms. Carroll meet with Miriam Maher, who is a City -- was a City Attorney and is an attorney who works in my office? Why don't we have them sit down and talk this through, and see if they could then meet with the City Attorney and see if there's an agreement as to what the law says, or a disagreement as to what the law says, versus each -- Vice Chairman Sanchez: I'm all for that. Commissioner Sarnoff -- one of you glazing over your eyes, because I'm glazed -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- over and I do this for a living. Vice Chairman Sanchez: I -- I just -- Ms. Bru: Commissioner, ifl may, I am ready to tell you what the law is. I wasn't here in 1967 City ofMiami Page 72 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 when the DDA was created; I'm happy to say -- Commissioner Sarnoff You weren't born then, right? Ms. Bru: -- but the Code is very clear, and the Code specifically references the fact that the DDA was created by state law. As a matter of fact, it is on page -- it's Section 14-51 of the Code, Downtown Development Authority created, and it references the fact that an act authorizing the creation of the Downtown Development Authority is contained in Chapter 65-1090 of the Florida Legislature. The DDA is clearly a creation of state law, of general law of the state of Florida. Commissioner Sarnoff Ms. Carroll, do you agree with that? Ms. Carroll: I disagree with that. I -- because the statute that -- Vice Chairman Sanchez: Ma'am, I -- Commissioner Spence -Jones: Is it in the Code? Vice Chairman Sanchez: -- didn't want to -- no, no. Wait, wait, wait, wait. Listen, let's -- Commissioner Spence -Jones: It's there, right? Vice Chairman Sanchez: -- let me fry to get some -- I don't -- I gave you plenty of time, because I surely don't want to deny anybody either due process or to put their arguments on the floor. I think that in some of the statements that you've made, there may be some reasoning or no reasoning. It's a legal issue between yourself and the City. I could just tell you that I wanted to make sure that both of you had an opportunity to sit down with the executive director, because this -- I just got into this -- the DDA a couple of months ago, and this is something that's been going on for the longest time. We are going through a transition with some new members, and we are making process in -- progress in this. I don't have a problem with deferring this as long as you want, till it gets to a point that we could agree on the issue. Ms. Carroll: I would -- Vice Chairman Sanchez: All right. I don't have a problem on that. I've listened to some of your concerns. I took some notes down, and I am prepared to make some tweaks so we could agree. I do agree on the term limit. I don't mind having a two 4-year term limit, but in all fairness, it has to start this year. You can't -- you know, you just can't tell people that you're out of there that have been there for the longest time; that have devoted themselves to the development of downtown, and the -- downtown is changing everyday, and we just have -- as you stated, we do have an appointment from the State, we have Mayor Kasdin from Miami Beach, who came on board, Bruno Barreiro from the County just came onto the board, so we are putting together a transition, and in that process, we are fine-tuning the laws that exist to make sure that we are (UNINTELLIGIBLE) to provide a better service in the downtown area, so listen, we're not going to beat this horse to death. The Commissioner has requested, I am all in favor of requesting that you sit down, but at the end of the day, Commissioners, we're going to have to make a decision on this issue. I want to work with everyone. My philosophy has always been bring everyone to the table, and I could tell you that some of the arguments that have been made are just basically opinions, but some do some -- have some vadility [sic] to it, so I'm open to those -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- so it's fine. You want to defer it, make a motion to defer it; we'll continue to have meetings, and we'll continue to defer this item till we're able to come to an City ofMiami Page 73 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 SR.2 06-01775 Downtown Development Authority agreement, whether it's next month, seven months down the line, whatever. We'll work it out. Commissioner Sarnoff Well, my -- Vice Chairman Sanchez: Make a motion. Commissioner Sarnoff I'll move that we defer this item, give them the opportunity -- Vice Chairman Sanchez: Is there a second? Commissioner Sarnoff -- to meet with my office. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a second. No further discussion. We've discussed this item too long -- for a long period of time. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you. Mr. Nottingham: You're welcome. Vice Chairman Sanchez: Thank you, and we will be going into recess. 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. 06-01775 Legislation SR.pdf 06-01775 Legislation FR.pdf 06-01775 Cover Memo FR/SR.pdf 06-01775 Pre -Legislation FR/SR.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer item SR.2. Pamela E. Burns (Assistant City Clerk): Excuse me, excuse me. Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Burns: What about --? We discussed SR.2. That was a vote on SR.1. Vice Chairman Sanchez: I'm sorry. SR (Second Reading) -- Commissioner Regalado: We need to defer that one, too. City ofMiami Page 74 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: Oh, yeah, we need to defer SR -- Commissioner Sarnoff I make a motion that we defer SR.2. Vice Chairman Sanchez: 2 also. Commissioner Spence -Jones: Second. Commissioner Sarnoff All in -- Vice Chairman Sanchez: Yeah, but SR -- fine, but that's just minor -- fine, Commissioner. I will never deny you the opportunity to defer an item. All right. There's a motion and a second for deferral. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Spence -Jones: What time we come back? What time --? Commissioner Regalado: Three, 3 o'clock. Commissioner Spence -Jones: What time we come back? Vice Chairman Sanchez: We're coming back at 3. All right. The meeting stands in recess. City ofMiami Page 75 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 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. 06-02064 Legislation.pdf 06-02064 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.1 to the Commission meeting currently scheduled for February 8, 2007. FR.2 06-02065 ORDINANCE First Reading Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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. 06-02065 Legislation pdf.pdf 06-02065 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.2 to the Commission meeting currently scheduled for February 8, 2007. 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 FOR AN EFFECTIVE DATE. 06-02066 Legislation.pdf 06-02066 Cover Memo.pdf CONTINUED City ofMiami Page 76 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 FR.4 06-02067 Office of the City Attorney FR.5 06-02069 Office of the City Attorney FR.6 06-02091 Office of the City Attorney A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.3 to the Commission meeting currently scheduled for February 8, 2007. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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. 06-02067 Legislation .pdf 06-02067 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.4 to the Commission meeting currently scheduled for February 8, 2007. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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. 06-02069 Legislation .pdf 06-02069 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.5 to the Commission meeting currently scheduled for February 8, 2007. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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. 06-02091 Legislation.pdf 06-02091 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR. 6 to the Commission meeting currently scheduled for February 8, 2007. City ofMiami Page 77 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 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. 06-02092 Legislation.pdf 06-02092 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.7 to the Commission meeting currently scheduled for February 8, 2007. FR.8 06-02093 ORDINANCE First Reading Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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. 06-02093 Legislation.pdf 06-02093 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.8 to the Commission meeting currently scheduled for February 8, 2007. FR.9 06-02107 ORDINANCE Office of the City Attorney First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02107 Legislation.pdf 06-02107 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item FR.9 to the Commission meeting currently scheduled for February 8, 2007. City ofMiami Page 78 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 FR.10 06-02276 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ ARTICLE V/SECTION 2-612 ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS, ETC." TO RESTRICT DIRECTORS, AND/OR THE SELECTION COMMITTEE MEMBERS, AS DEFINED HEREIN, FOR A PERIOD OF TWO YEARS AFTER THE DIRECTOR OR MEMBER HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT, WHO PARTICIPATED IN THE AWARD OF CONTRACTS FOR AN AMOUNT NOT LESS THAN $500,000, PURSUANT TO THE PROCUREMENT ORDINANCE, INCLUDING WITHOUT LIMITATION WAIVERS, FROM RECEIVING COMPENSATION OR EMPLOYMENT FROM ANY CONTRACTUAL PARTY RELATING DIRECTLY TO CONTRACTS IN WHICH THE DIRECTOR AND/OR HIS DESIGNEE AND/OR THE MEMBERS PARTICIPATED IN THE AWARD OF THE CONTRACT; PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02276 Legislation.pdf 06-02276 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. Now we go back to FR.10, right? Vice Chairman Sanchez: Yes. Chairman Gonzalez: FR.10 is also an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. FR.10 -- Vice Chairman Sanchez: Well, I -- to start off I would make a motion to approve this ordinance on first reading. Mr. Fernandez: This is the ordinance that we have brought to you as a result of an initiative by Commissioner Sanchez to address this issue. It has been rewritten. We have met with the County. We have reviewed other jurisdictions that have similar ordinance, and this is, in essence, the ordinance that would prohibit a City employee, who is in a position of recommending contracts to this Commission, in an amount certain -- I believe the amount is 250. I'm not sure what the amount -- Vice Chairman Sanchez: Half a million. Mr. Fernandez: Half a million, that's right. It went to a half a million -- from being employed by the company with whom the City has contracted to work for them, particularly matters related to the same contract. This ensures a level of confidence and reliability on your own staff making the appropriate recommendations and eliminating the potential for conflicts, or at least the appearance of impropriety. We've drafted it, and we feel confident that it passes legal muster. As a matter of policy, it's now for you to consider it. Chairman Gonzalez: All right. Would you read the ordinance? City ofMiami Page 79 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: So move, Mr. Chair, on first reading. Chairman Gonzalez: All right. We have a motion -- Commissioner Sarnoff I'll second it for discussion. Chairman Gonzalez: -- and we have a second. This is an ordinance that requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It's a discussion. Commissioner Sarnoff. Commissioner Sarnoff Yeah. This is a laudable idea. However, with the devil being in the detail, this could be a much better ordinance if we just paid a little more attention to it, and we made it apply to a broader class of people. Right now this only deals with directorship level people. My understanding is this was a third draft, and the first draft or the second draft would have provided better teeth than this particular draft. I don't know the status as to how the other two drafts did or didn't come to the Commission; I don't think they did, but I think there could be more teeth to this, and I don't think it needs to be $500, 000. I think it could be a lower level, and I think if -- if you think about this federal government, the County government, they all have these anti -- I was going to use the word solicitation, but it's really anti -lobbying efforts once you come from the City as an employee, and suddenly, bang, you're now lobbying especially on behalf of that particular project that you might have been working on, so I think we can do a better job than this. I'm not frying to hold it up, butt understand there were two previous drafts that may have had better language in there, and I'd like to look at those. Commissioner Spence -Jones: This is a first reading, though, right? So we can pass it on the first reading, which I think you -- and then we can -- correct, and have time to --? Julie O. Bru (Deputy City Attorney): Well, yes, and just want to say also, Commissioner, that this has been going on now for quite some time, and we did meet with counsel to the Commission on Ethics from Dade County, and when we first started, the ordinance was very ambitious, and it captured a great number of individuals, and after meeting with council for the Commission on Ethics, you know, we narrowed it a little bit more so as to make it, in a way, more defensible from any challenges that could be asserted against its enforceability, so I think that this has been a labor that's been going on now for quite some time, and in part, it has also been a compromise to make sure that we don't throw a net that catches too many people that shouldn't be caught up in that net, precluding them from gainful employment when they separate from the City, but it is whatever -- Vice Chairman Sanchez: Mr. Chairman, ifI may, since -- Chairman Gonzalez: Sure. Vice Chairman Sanchez: -- I was the creator of this ordinance. Let me just state that this ordinance was crafted prior to Commissioner Sarnoff arriving at the Commission, and I could guarantee you it had more teeth than a Brazilian crocodile, and when it was put forth, there was a lot of concern from staff and Administration as to the legality of this ordinance. This ordinance all it does, and I believe and the bottom line is that we are raising the bar of ethic conduct to protect the taxpayers. Now I would move it up. It's the -- if it's -- we're talking about an amount, but the purpose of itself in this ordinance is to provide better self -governance, rules that are going to prevent improprieties in the future, which have damaged the integrity of this government and what happens is that once you lose integrity from the public, it is very, very hard to gain that back, and therefore, as we discussed this with the Legal Department to create an ordinance that was defendable in court, we had to focus on the people that are making the decision on awarding these contracts, and these are the people that sit on a committee, these are City ofMiami Page 80 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 the people that go through documents, and this is the individuals who's in charge of that department that gives the OK for this contract to go out, and what it does is, I believe, we have now more than ever -- and would --I agree with you on creating a stronger ordinance, but -- first of all, I did not think that we had the legal backup to get this done, nor the support of the Commission, to be honest with you, and I felt that the ordinance, as it is right now, it's a good start. I could tell you that it's going to protect the things that have poisoned the well here, which is favoritism, quid pro quo, and you scratch my back and I will scratch yours, and if we don't address these issues, I could tell you that, in the future, once again, there will be a great cloud over this Commission as to a confract that have been awarded, so having been one that have worked through months on this, it is ready -- I believe that it's ready to be put out for a vote, and then, as we go along, we could always bring it back and amend it, but it's all about the integrity of the government that we represent, so therefore, I respectfully request that we pass this ordinance. Ms. Bru: OK, and -- Chairman Gonzalez: All right. Ms. Bru: -- Commissioner, may I also say that we did look at the Dade County Code of Ethics. They have similar provisions, but not quite like this. In fact, they have a provision that precludes anyone who has worked in the private sector on some kind of contract matter from coming to work in the County, and then administering that confract that they were a part of when they were in the private sector, so they have the reverse. They prohibit County employees from working on matters that they were involved in when they were in the private sector, and then they have the two-year post -employment prohibition that concerns lobbying or appearing before the Commission, and we have that already in our Code, so this is a little bit different, so this is a little bit more than what the County has. Commissioner Sarnoff Yeah. My only issue with it, having been briefed for a number of weeks now, it's not always the director who has the most knowledge that briefs the Commissioner on a particular issue. It could be the assistant director, it could be a great many other people, and ifI was a private -sector person trying to hire somebody, the easy way around this ordinance is just don't hire the director; hire the assistant director, and right away this ordinance doesn't apply. My only suggestion -- and I have no problems passing it on first reading -- is that by three definitional changes, you could capture, I think, a better class of people and more knowledgeable people, and sometimes a director, and achieve the laudable goals that Commissioner Sanchez seeks to impose upon the City, and I think it is a laudable goal. I just don't think it should be so easily and around at the directorship level. I think it's more people than the director are the ones who have that knowledge. Commissioner Spence -Jones: Could we --? Vice Chairman Sanchez: If there's no further -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- discussion, we'll call the question. Chairman Gonzalez: Any further discussion on the item? OK Hearing none, would you please read the ordinance? The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. City ofMiami Page 81 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. FR.11 06-02277 ORDINANCE Office of the City Attorney First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY REPEALING SECTION 37-1, ENTITLED "STATE MISDEMEANORS ADOPTED BY REFERENCE," IN ITS ENTIRETY. 06-02277 Legislation SR/FR.pdf 06-02277 Cover Memo SR/FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Good afternoon. We're going to resume this Commission meeting, and I want to apologize to my colleagues for not being here this morning, butt was feeling -- Vice Chairman Sanchez: You don't need to apologize; you're sick. Chairman Gonzalez: -- bad as a dog. I had a rough night, a rough night and a rough morning. The first item on this afternoon agenda is FR.10. It's an ordinance. Frank Castaneda (Chief of Staff Chairman Gonzalez's Office): No, no. I'm sorry. FR.11 is the first -- Chairman Gonzalez: I'm sorry, FR.11. It's also an ordinance on first reading. Vice Chairman Sanchez: We'll do FR.10. Pamela E. Burns (Assistant City Clerk): I'm sorry, we show FR.10. Vice Chairman Sanchez: Yeah. Well, I tell you what, let's do 11, and then we'll go back to 10, giving me some time to -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- prepare my arguments. Chairman Gonzalez: FR.11, City Manager -- City Attorney. Jorge L. Fernandez (City Attorney): Yes. This is an ordinance amending Chapter 37 of the Code, entitled "Offenses Miscellaneous, " by repealing Section 37.1. This is as a result of a case law that arose out of the Keys, where a local government jurisdiction adopted the definition of miscellaneous offenses and what constituted misdemeanor, and that was found to be unconstitutional, but to the extent that the local government had adopted as its own lock, stock, and barrel, the state statute, liability was incurred by the local government, so here what we need to do is we need to amend this by deleting references where we adopt, by reference, state statutes. Chairman Gonzalez: All right. City ofMiami Page 82 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: Learn from other jurisdictions that have made mistakes, have been costly to them, and this is a way of correcting our Code. It gives our police officers the ability to site for offenses, but only for offenses for which we know we will be able to sustain a constitutional challenge. Chairman Gonzalez: All right. This is an ordinance, and it requires a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It's comes back to the Commission. We need a motion. Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: OK. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion and we have a second. Commissioner Sarnoff Second. Chairman Gonzalez: Discussion. No discussion. Read the ordinance. Mr. Fernandez: Yes. This is FR.11. Chairman Gonzalez: Yes, sir. The Ordinance was read by title into the public record by Assistant City Attorney. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 5/0. FR.12 06-02285 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," MORE PARTICULARLY BY AMENDING SECTIONS 31-26 THROUGH 31-50, BY CHANGING THE TERM "LOCAL OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX AND THE TERM "OCCUPATIONAL LICENSE" TO "LOCAL BUSINESS TAX RECEIPT;" PROVIDING FOR AMENDED DEFINITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02285 Legislation SR/FR.pdf 06-02285 Summary Form SR/FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 83 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 FR.13 06-02262 Department of Capital Improvement Programs/Transpor tation Chairman Gonzalez: FR.12. It's also an ordinance. Jorge L. Fernandez (City Attorney): FR.12 is from the Finance Department. Oh, yes. This is the change in the name of what we used to call "Occupational License." The state statutes have changed that, and now we need to comport with actually what is requirement in state statutes, changing the name, making sure that it has more of a character of what it is, which is a tax that we're allowed to collect, rather than giving the impression to the general public that by a business paying this, they have now a license to do anything, so it clarifies; it makes it more appropriate, according to what it is -- Unidentified Speaker: Right. Vice Chairman Sanchez: So moved. Mr. Fernandez: -- and so we -- you need to pass this. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. This is an ordinance that require a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Read the ordinance, Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by Assistant City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 5/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL FUNDING CONTRIBUTION OF AN AMOUNT NOT TO EXCEED $350,000, FROM MIAMI-DADE COUNTY, FOR THE SOUTH MIAMI AVENUE FROM SOUTHWEST 25TH ROAD TO SOUTHEAST 15TH ROAD, PROJECT B-60479; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02262 Legislation SR/FR.pdf 06-02262 Summary Form SR/FR.pdf 06-02262 Text File Report SR/FR.pdf 06-02262 Text File Report 2 SR/FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 84 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: FR.13 is also an ordinance. Jorge L. Fernandez (City Attorney): Go right ahead. Gary Fabrikant (Assistant Director, Capital Improvements & Transportation): Gary -- Chairman Gonzalez: All right. Mr. Fabrikant: -- Fabrikant, Department of Capital Improvements. This ordinance is to accept a grant from the Miami -Dade County, in the amount of $350, 000, for the South Miami Roadway Project, between Southeast 25th Road and Southeast 15th Road. This is required as an amendment to the ordinance, as the original grant was approved through an ordinance. Vice Chairman Sanchez: So this is just an amendment to the first ordinance? Mr. Fabrikant: That is correct. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- we have a second. It's an ordinance. It requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Read the ordinance, Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Is this an emergency ordinance? Mr. Fernandez: No, it isn't. Chairman Gonzalez: It isn't, OK Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 5/0. Chairman Gonzalez: All right. That concludes the ordinances. City ofMiami Page 85 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 RESOLUTIONS RE.1 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. 06-02160 Legislation.pdf 06-02160 Exhibit.pdf 06-02160 Summary Form.pdf 06-02160 Text File Report.pdf 06-02160 Map.pdf 06-02160 Fund Source Management.pdf Motion by Vice -Chairman 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-07-0030 Chairman Gonzalez: Now we go to resolutions. RE.1. Jorge L. Fernandez (City Attorney): RE.1, Mr. Chairman, is, in essence, a companion item to the last ordinance that you passed. This is a little bit of a quirky situation, where the last item technically should not have been an ordinance, but because it amends an ordinance, we have to do it with an ordinance. Now RE.1 follows up where the last ordinance ended. Chairman Gonzalez: OK, but this one is a resolution? Mr. Fernandez: It -- and this one is a -- correctly a resolution -- Chairman Gonzalez: All right. Mr. Fernandez: -- from the beginning. Chairman Gonzalez: Is there a motion on RE.1? Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 86 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.2 06-01416 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATING TO THE MIAMI RIVER FOR A THREE (3) YEAR TERM WHICH BEGAN OCTOBER 1, 2004 AND ENDING ON SEPTEMBER 30, 2007; ALLOCATING FUNDS IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL AMOUNT NOT TO EXCEED $75,000, FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNTS, ACCOUNT NO. 001000.921002.6. 930. 06-01416 Legislation .pdf 06-01416 Exhibit .pdf 06-01416 Summary Form.pdf 06-01416 Finance.pdf 06-01416 Memo.pdf 06-01416 Pre-Legislation.pdf 06-01416 Safety Approval Form.pdf 06-01416 Letter .pdf 06-01416 Liability Insurance Company .pdf 06-01416 Certificate of Liability Insurance.pdf 06-01416 Letter 2 .pdf 06-01416 Coverage Clarification Endorsement.pdf 06-01416 Budgetary Impact Analysis.pdf 06-01416 Budget Transfer.pdf 06-01416 Memo 2 .pdf 06-01416 Pre -Attachment .pdf 06-01416 Pre -Attachment 2 .pdf Motion by Vice -Chairman 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-07-0031 Chairman Gonzalez: RE.2. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.2 is a resolution awarding a three-year contract to the Miami River Commission, in the annual amount of $25, 000 for the years 2005, 6, and 7. Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. I just have a question. Chairman Gonzalez: We have a motion. Is there a second? City ofMiami Page 87 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Yeah, second. Chairman Gonzalez: And we have a second. Discussion. Commissioner Spence -Jones: Yeah. It's just a quick question. Stephanie, on the -- it says a fund for education ofMiami River. I guess Commissioner Sanchez and I kind of share the river. You're on one side of the river from me, and you probably have a little bit more knowledge of the education fund that -- is that just to -- is it like an activity, or what is it? Ms. Grindell: This is the requirements of our permit, which, in the past, we had been in -- under a consent order -- Commissioner Spence -Jones: I can't hear you. I'm sorry. Ms. Grindell: -- that we educate the citizens on pollution -- Commissioner Spence -Jones: Oh, I see. Ms. Grindell: -- related to the -- Commissioner Spence -Jones: So it's like just -- Ms. Grindell: -- river. Commissioner Spence -Jones: -- a ongoing campaign that -- Ms. Grindell: Yes. Commissioner Spence -Jones: -- about polluting -- the pollution of the river, and -- Ms. Grindell: Correct. Commissioner Spence -Jones: -- the Commission is responsible for putting that together? Ms. Grindell: I'm sorry? Commissioner Spence -Jones: The Commission, the Miami River Commission. Ms. Grindell: Oh, correct. Commissioner Spence -Jones: OK. All right. I just want -- I'd like -- after this, I'd like to get a little bit more information for -- Ms. Grindell: Sure. Commissioner Spence -Jones: -- the residents within my district on that side of the river -- Ms. Grindell: Sure. Commissioner Spence -Jones: -- so they could be more involved. Ms. Grindell: Sure. Commissioner Spence -Jones: That's it. City ofMiami Page 88 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: All right. Any further discussion? All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.3 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 INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 06-02113 Legislation.pdf 06-02113 Cover Memo.pdf 06-02113 Memo.pdf CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the City Attorney to hire independent counsel to evaluate the entire case file and attorney's fees of Ronald J. Cohen in his representation of Police Officer Jorge Linares, in the case of Sarduy vs. Jorge Linares and the City ofMiami, and report back to the Commission with an opinion detailing the value of the case at the Commission meeting currently scheduled for February 8, 2007. Chairman Gonzalez: RE.3. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. Mr. Chairman, Commissioners, this is an item that was on last City Commission agenda, and it was deferred to today. The -- it has come to our attention that the cover memo that we attached to this item, unfortunately, was not appropriately proofread, and there was reference to this individual, who's now asking for reimbursement; appropriately, he's asking you for reimbursement; that it were not violations of criminal law, but rather violation of civil rights law, and so to that extent, the cover memo that accompany that inappropriately reflects that, for which we are very apologetic. However, as to the substance of the recommendation that we're making, Mr. Cohen has submitted to Commissioner Regalado a stack of papers purporting to be the sum total of all papers. We compared that with those that we had, in which we made the evaluation that gives rise to the recommendation that we're making, and they're the same. There are no additional bills. There is no additional information contained in the packet that was given to Commissioner Regalado from that which Mr. Cohen had already provided us and we used for the basis of the analysis we made, and that was the basis on which our expert, which is Judge Scott made his recommendation, so the -- another issue here thatyou need to consider is that Mr. Cohen -- and I'm sure he will speak to this -- maintains that this Commission has an obligation by citing a statute that has the word "shall" with regard to the reimbursement that he is seeking to receive. We, of course, differ totally from his interpretation on that. We believe that this is fruly optional with the Commission. The Commission may, as we have outlined in the remaining part of the memo, grant this individual or Mr. Cohen, his attorney, the full amount that he's requesting, no amount at all, or the amount that both us and the experts are recommending to you should be the amount thatyou consider reimbursing him for his fees, so we believe the item is appropriately in City ofMiami Page 89 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 front of you, and given the apology that have just tendered to Mr. Cohen and his client for that oversight on our part in referring to it as a criminal violation rather than civil rights violation, we believe that we have dutifully looked at all the submittals he's giving us, and that Judge Scott has made his expert determination that a fair fee to be reimbursed is the amount that's stated in the memo. Chairman Gonzalez: Mr. Cohen, you're recognized. Ronald Cohen: Mr. Chairman, members of the Commission, thank you very much for hearing me today. We've waited, the FOP (Fraternal Order of Police), Officer Linares, and myself. We've been trying to get on this agenda to meet with you now for over two years to discuss this issue. I remember when I was an Assistant City Attorney here, starting in 1979, my then -boss, the City Attorney, said to me, "Ron, our people are very important to us. If you feel that some officer or anybody who works for the City is being mistreated in any way by the City, you come to me and you let me know," and that's what we did. I've been before this Commission many times in my long-standing representation gill/Pamirs employees and its police officers, and I know how important the support of the police off -- how important it is for you to support the police officers. Some of you, I don't know; some of you, I know a long time. Commissioner Sanchez, the last time we were here, I remember you saying, very clearly, if somebody is in a jam, a police officer is in a jam in this City, the worst message we can send to that police officer, if they didn't do anything wrong, and they clear, is that we don't support them, and that's, in fact, what happened here today, and it's continuing to today, and I will explain that in a minute. This is an in -custody death. It is a series of three lawsuits involving an in -custody death that Jorge Linares, one of your finest, was involved in, and Communica -- if you'll bear with me, there's a videotape. Somebody was across the street on Le Jeune Road, working out on the balcony back in 2000 and videotaped a part of the incident, and it's in Communications, and if they're listening, it's cued up already; they said they could run it. It'll (UNINTELLIGIBLE) -- I won't run the whole videotape. I just want to run the beginning so you can see, so if Communication's here, it's on the monitors. I don't know, but there was this gentleman -- Pamela E. Burns (Assistant City Clerk): Excuse me, excuse me. Mr. Cohen: -- there was -- Ms. Burns: Would you please stay at the mike, and also put your name on the record, please? Mr. Cohen: OK. Ronald Cohen, 8100 Oak Lane, Miami Lakes, Florida. This -- there were 911 calls because this gentleman was running out in traffic. Jorge Linares was in that police car; got there and wanted back up because he didn't want to have to confront this man by himself because he's a large man, and he was running in front of traffic and stopping cars, and then the man starting to run into the IHOP (International House of Pancakes); got close to the IHOP, and as the appeals court said, he had to make a split-second decision, and he was very concerned about him going into the IHOP with knives and other -- and glass and other weapons, and so Officer Linares approached him, and you can see what happens here. The fellow swang around, and Officer Linares takes him down. This is a FedEx (Federal Express) driver who comes over, and in a minute, you'll see that the cavalry comes, not just ftom Miami, but ftom Dade County School Board and some other agencies as well. You'll see the cars arriving, and this was a very tragic case, as both the frial court and the appeals court said. The gentleman died -- we could turn that off now -- the gentleman unfortunately died, and Officer Linares was sued in his official capacity for what he had done working for the City. The City was sued as well. The CityAttorney's Office defended the City and refused to defend Officer Linares; he was on his own, and I'm struck now by what I'm reading about, the difference now with this police department -- we have an in -custody, a very tragic in -custody death recently, and from what I'm reading in this department -- this -- what I'm reading in the papers, this department investigated it fully, made a determination, and supported their officer. Sad to say that this City, 100 City ofMiami Page 90 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 percent, walked away from Jorge Linares. It was the FOP and it was my law firm that defended Officer Linares; that laid out the money to hire experts and medical examiners in this case. You have a memorandum before you that says that it was one case, a case before Judge Moore. The case before Judge Moore was just the beginning of this case. This case was voluntarily dismissed after it was before Judge Moore, the plaintiff -- and this could happen -- it's in federal court; plaintiff wasn't -- I think, wasn't ready for trial and took a voluntary dismissal, and then refiled the case again before Judge Jordan, and anybody who practices in federal court knows federal practice is very demanding. This is a death case, death case that went on for three and a half years before two judges. They said that the expert had reviewed my file. Nobody has ever reviewed my file. I have written over and over again, please, somebody come, review my file. I kept it in my office for about a year, butt was running out of space, and I sent it back to storage. I got it back. It is five boxes here. This case went on, and after we won, after we won in a frial court, there was an appeal to the United States Court ofAppeals for the Eleventh Circuit, which is the federal court, right below the Supreme Court, that hears these cases. We wrote the brief. My firm wrote the brief. Nobody from the police department and nobody from the City even had the common decency to come to the arguments, and lawyers know you don't always get arguments before the Eleventh Circuit. We had an argument in the Eleventh Circuit, and I'm not criticizing -- want to be clear -- the present administration in the police department. I'm contrasting it to what they're doing now compared to what was done earlier with this good officer. Never got an attaboy from anybody in this department. We argued it in the United States Court ofAppeals for the Eleventh Circuit, and they cleared Officer Linares entirely, and what they said is -- I just want to read you a part of what they said, and Judge Faye was on this panel, and those of you who have been in this community for a long time know how respected Judge Faye has been; was appointed by Richard Nixon to the federal bench, and he echoed what the trial judge said, the Eleventh Circuit -- it wasn't just Judge Faye -- he says the district court perfectly characterized the result in this matter. This is, of course, a tragic case. Mr. Sarduy died following his encounter with Officer Linares, and nothing in this order is meant to trivialize or minimize the loss of an unreplaceable and unique human life, but that loss does not transform Officer Linares's use of force into constitutionally unacceptable conduct. This went on -- this case, as I said, went on for almost four years, and to say -- to say on -- it's one case when it's three cases, to say that somebody has reviewed my file when they haven't. There were three medical examiners involved in this case. The cause of death, what they call positional asphyxias, which was -- some people was -- were arguing was key to this case. There were over 70 witnesses listed in this case; we had investigators. That videotape, we broke down frame by frame by frame by frame. We had investigators to find eyewitnesses, who were all over the place there. On the cause of death, on positional asphyxia, I just reached into my file the other day, and I found this article that I had called "Histopathologic Variance of Four Modes of Mechanical Asphyxia," and back in the day, when I was working on this case, I knew what this was. I -- we sweated blood and sweat to defend this man while this City walked away from him, and a year ago, a year ago March -- a year ago November, not this past November, but the November before, this was put on the agenda again for $26,500. Impossible. It is impossible that three years of federal court litigation, in the United States District Court, with all these depositions, all these witnesses, all these pictures, autopsy reports, medical examiners from all over the country, including Suffolk County, Dr. Wetlig was our expert. We hired him, not the City, OK. We hired him. It is simply impossible for it to be worth $25, 000 in attorney's fees. It is simply impossible, and when this was placed on the agenda a year ago November, I wrote this City a letter, and I said to them, look, something has gone wrong here. I don't know if you're saying -- because you caption it this one case, the first case before Judge Moore, and there were two others. I said, I don't know if you're just frying to award fees on the Judge Moore case. I'd like to get them settled all at once, but something's gone wrong here. It was taken off the agenda, as it should have been, and then when it was placed on the consent agenda in December, at 3 o'clock in the afternoon, on the day before, at 3 o'clock in the afternoon, on the day before, the CityAttorney's Office faxes to me something saying, "By the way, your matter is on the agenda for tomorrow," not even telling how much they were recommending or anything like that; nothing, and I don't know. I don't know what's caused this. I don't know -- you know, I City ofMiami Page 91 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 stand up for the employees and the unions, and we have to tangle sometimes. I don't know if it's gotten personal with them. I certainly hope not. I don't know what it is, but if that's what it is, when you freat me that way, when you freat me as a representative of Jorge Linares that way, you're treating Jorge Linares that way, and I want you to -- look at the tape again in your free time and tell me what Jorge Linares did to deserve this. He went and he confronted a man who was off his medication, had been running in front of traffic, and he stopped him from going into the IHOP, and then everybody came to help him, and he died, and this City walked away from him 100 percent; we didn't. We didn't. The FOP, and President Cotera, and President Aguilar, and the rest of us, we fought and we sweated, and it cost us money, and it was painful, but we were not going to walk away from Jorge Linares the way this City did, and frankly, the way this CityAttorney's Office did, the predecessor and this CityAttorney's Office. It is simply impossible for this case to be 26 -- $25, 000 in attorney's fee. We argued the appeal. We won the appeal. Something's gone terribly wrong here, and one of the things that we've been able to do -- one of the things that the FOP for many years has been able to do with this Commission, and it's really worked for both of us, that we've been able to do is if somebody gets in a jam and somebody's not going to defend them -- and for the life of me, I will never understand why the City walked away from Officer Linares. He was cleared a hundred percent. For one of the things that we've always been able to do is we've always been able to get good attorneys to represent the officers in the criminal and civil cases, with the understanding that if the officer was cleared, they will come back and they'd get a fair hearing, and get a reasonable attorney's fee. This -- something has gone terribly wrong here. This cannot possibly be a reasonable attorney's fee for this. It just can't be right. It's three and a half years of complex federal litigation. Anybody can come see my files right now. Thank you very much. Chairman Gonzalez: Thank you. Thank you. All right. Commissioner Sarnoff Would it be all right to question Mr. (UNINTELLIGIBLE)? Chairman Gonzalez: Mr. Aguilar, you want to say something, sir? Go ahead, you're recognized. Armando Aguilar: Armando Aguilar, president ofMiami Fraternal Order of Police, 710 Southwest 12th Avenue. This is a really sad case. This case have been lingering for over ten years. This is a case where we fully represented our officer. Our officer was found to be not guilty, not only in the civil trial, but in the appellate trial. It's totally ludicrous that the City is sending a message to our young officers, at a time when everybody's up in arms because of the issue of the contract, because of the issue they haven't gotten a raise for a year and a half and this CityAdministration is sending a message that we're not supporting our officers, even when they do the right thing. This man risked his life to save others. There was absolutely no wrong -doing, and to pay us this amount of money on something that I thought we were more than fair with the attorney's fees is a slap in the face. It's a slap in the face to every single City of Miami police officer out there, and I can't believe that this Administration is sending that message out there, and I thank you, and I hope the Commission does the right thing. Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Can I question Mr. Cohen? Mr. Cohen: Yes, sir. Chairman Gonzalez: Yes, sir. City ofMiami Page 92 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff Do you keep billing records, sir? Mr. Cohen: I do. Commissioner Sarnoff And have you tendered those billing records? Mr. Cohen: In 2004 I first tendered the billing records. I could get -- well, maybe it was earl -- it was either late -- November 12, 2004, I tendered our billing record -- I first tendered our billing records. Commissioner Sarnoff So your billing records are from the beginning to the end? Mr. Cohen: Yes. Commissioner Sarnoff What's your hourly rate? Mr. Cohen: Whatl asked for in this case was $300 per hour, which a court has awarded to me previously, a federal court, Judge Martinez in a case, has awarded me $300 an hour. Commissioner Sarnoff And how many depositions and witnesses were put on in trial? Mr. Cohen: Honestly, I'm not sure how many depositions. I tried to figure out. We may not have ordered them all to fry and save on some costs -- Commissioner Sarnoff Right. Mr. Cohen: -- but it -- my guess is between 15 and 20, butl know that there were at least one medical examiner was taken, and some eyewitnesses, and witness -- Commissioner Sarnoff How -- Mr. Cohen: -- statements, and interviews from the police investigation. Commissioner Sarnoff How many day trial? Mr. Cohen: It wasn't. It was a summary judgment. Commissioner Sarnoff Summary judgment. Mr. Cohen: It was a -- my recollection was it was between two and a half hour and three hours summary judgment before Judge Jordan, which is quite a long summary judgment hearing. Commissioner Sarnoff OK. Thank you. Mr. Cohen: Thank you. Chairman Gonzalez: Any other questions? Commissioner Spence -Jones: I just -- Chairman Gonzalez: Yes, Mr. City -- Commissioner Spence -Jones: -- I -- City ofMiami Page 93 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: -- yes, ma'am. Commissioner Spence -Jones: I'm sorry, Mr. Chairman. I just wanted to -- I'm -- first of all, the last time this was in front of us -- first of all, I want to commend you for bringing -- Mr. Cohen: Thank you. Commissioner Spence -Jones: -- the video because sometimes seeing it actually for yourself, you know, you get a different viewpoint -- Mr. Cohen: Thank you. Commissioner Spence -Jones: -- and you know, I might have had some concerns in the very beginning regarding the item because I really didn't fully understand it, but appreciate you at least bringing it, and I think my colleagues appreciate at least being able to see exactly what happened to give us a different viewpoint. My question for the City Attorney, is it -- traditionally, have we paid the legal fees in this instance, traditionally? Mr. Fernandez: For the last two years thatl have been here, this City Commission has never not paid or reimbursed one of its finest for their representation by outside counsel. The standards that are used is that anything that has been submitted to us is immediately forward to Judge Scott, to Tom Scott, who then analyzes and evaluates it, using his criteria, his perspective, his knowledge as a federal prosecutor, his knowledge as a state court judge, as a federal court judge, and then he, independent of anybody saying anything to him, us or anybody else, arrives at a conclusion of what, after he has examined the records that have been submitted to us, he deems to be fair and appropriate, given his level of experience and expertise in this. Now this Commission has never paid nothing. It has always paid and it's always done, as far as I'm concerned, the right thing. You've even paid some officers who have not necessarily been cleared either. I remember doing that most recently because you felt that the representation was justified. I am not here making any recommendations. It's solely your policy discretion. However, what you need to be aware of-- and need to bring to your attention -- is thatHr. Cohen, in a very astute manner, showed you a video presentation. You would need then equally to be -- to understand the process that the police chief the then -City Attorney, and the then -City Administrator went through in determining that it was not in the City's best interest, because the City itself was also being sued, to represent this officer. This is something that's done always, and it's not casting aspersion. It's simply a matter of conflict, where we cannot represent both the entity and the individual, so it's a -- it's not a fair representation byMr. Cohen to say that this City or this Department turned its back on this officer. I'm not going to engage Mr. Cohen in the rhetoric that he has engaged because, clearly, I am not prepared to speak as to the specific theories of litigation and everything else, but all that I'm telling you is that the sole issue in front of you is one of your discretion. Do you pay everything he's asking for, no questions asked? Do you pay him nothing, because you have the option of doing that also, or do you pay what a respected, recognized expert in the community, given the materials that were submitted, because what we have is exactly what was give into Commissioner Regalado as being told that this is the sum total of what was involved. That's your decision, your determination. For you to consider anything else with regard to the merits of the case, whether it was a good arrest, a bad arrest, a justified death or not, is totally immaterial, and you should not be allowed to have your interest appealed to in that sense. Chairman Gonzalez: May I ask a question? And my question is -- because to me, I have some experience about being prosecuted. Back in 1997, some people -- while I was sitting as member of the Code Enforcement Board, some people in this City tried to entrap me. I didn't fell for it, but they had their connections; they had their dealings, and they were able to prosecute the case. It was a misdemeanor that, ifI would have been found guilty, I would have had paid $60 fine, but you know what? I knew I was innocent, and I said no. The deal was presented to me; you City ofMiami Page 94 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 pay $60; you're -- that's it. It's a fine, you know. I said, no way. I'm not going to pay $60. I'm not going to pay one cent. I'm going to go to court. Well, they took me to court for three years, three years in a misdemeanor case. My attorney fees were sixty -some thousand dollars. What the City agreed to pay the attorney that represented me, the fees were much more than $60, 000, so -- and we were talking about a misdemeanor case on a, what is it, circuit court is what they call it because I'm not too familiar with the lower courts, where they take the misdemeanor cases. Commissioner Sarnoff County, County. Chairman Gonzalez: County court, right? Commissioner Regalado: County. Chairman Gonzalez: On a County court. How can we be proposing to pay in a case like this, a four-year case, in federal court, going to appeals and all of that, $25, 000 or $30, 000, or -- Vice Chairman Sanchez: 30. Chairman Gonzalez: -- even $50, 000? I mean, just investigative costs -- I'm sure that investigative costs in this case is more than $20, 000. Mr. Aguilar: Commissioner, ifI may say something, and you pretty much put it -- said what I was going to say, but in answer to our CityAttorney's comments, our only fault here is that we charge for reasonable attorney's fees. Had we inflated the price -- I don't know of any cases the City has ever litigated where it actually went to an appellate court, where it went to a trial that lasted quite a long time, where you had that kind of attorney's fees. Our only fault here is that we told the truth, that we told exactly what was owed to us, and now they're saying that because they expect the costs to be a lot higher, we're owed $37, 000 or 132, 000. I mean, this is ridiculous. Chairman Gonzalez: You know, and I wasn't finished, and my question was, you know, you say that we have two options, either we pay the amount that the attorney's requesting or the amount that Judge Scott recommends? Mr. Fernandez: Or nothing, so -- Chairman Gonzalez: Or nothing. Mr. Fernandez: -- you have three options. Chairman Gonzalez: We don't have any other options that we can -- Vice Chairman Sanchez: Get another opinion. Mr. Fernandez: No, no. No. Chairman Gonzalez: -- stipulate an amount? Mr. Fernandez: No. Vice Chairman Sanchez: You can get another opinion. Mr. Fernandez: The -- City ofMiami Page 95 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: Pardon me? Mr. Fernandez: -- again -- Vice Chairman Sanchez: Opinion. Mr. Fernandez: -- the exercise of your discretion, I would submit to you, being vigilant for your own well-being, is that you need to ground, you need to base your decision, when you're awarding City's funds, on the -- either the recommendation of a professional or evidence had been introduced to you, and so that's why I put it in those terms. Vice Chairman Sanchez: Look -- Mr. Fernandez: You have not received all the evidence that you have -- thatHr. Cohen is claiming that he's entitled to; he's alluded to it, because no one has seen that other than the expert, the expert that you have retained for purposes of giving you competent legal advice on a position -- a reasonable position for you to take has determined that the amount -- sum total of 36, $38, 000 is what's fair, given everything that he read. He knows this case went to trial. He knows this case went on appeal. I think it's unfair for you to assume -- and I don't thinkHr. Cohen is representing that Judge Scott is ignorant about any of these efforts that took place in this case. Chairman Gonzalez: I'm not calling anybody ignorant. I'm just saying that I don't think -- Mr. Cohen: And neither did I Chairman Gonzalez: -- it's fair -- Mr. Fernandez: Of course not. Chairman Gonzalez: -- that a case like this, we pay $25, 000, and let me tell you. I have to agree with Mr. Aguilar that we can -- at no time and point, we have to send a message to our police officers that we are not willing to support him, because you know what? They are out there every single day, every single day, putting their life on the line -- Mr. Fernandez: That's not the question. Chairman Gonzalez: -- and their future, because if they had to shoot or if they had to take force on controlling a suspect and the suspect died or the criminal died, then the police officer career goes you know where; his family, his future, everything, so you know, we, at no point, at least myself at no point are we sending a message to our police force that I won't be supporting them a hundred percent -- Mr. Fernandez: That's not the issue. Chairman Gonzalez: -- so you know, same thing goes for the Fire Department, for which I have the utmost respect because I believe they are people that are serving the citizens out there every single day, saving lives, and you know, so once again, I'm not calling anybody ignorant, I'm not saying that anybody has -- but you know, but we have an attorney sitting here on the dais, thank God -- Vice Chairman Sanchez: IfI -- Chairman Gonzalez: -- and he could enlight us. He could give us a guide and, you know, what's appropriate and what's not -- City ofMiami Page 96 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff I could -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- and that was my concern. Commissioner Spence -Jones: -- need to ask -- Mr. Chairman, I just want to -- what -- I mean, what is -- we're being presented with 37,000, but Mr. Cohen, you never mentioned what -- did you not know this amount, so you --? Because you say you didn't get this phone call until the day before. Mr. Cohen: Oh, no. I found it out right -- they -- Mr. Aguilar found it out a few days before. Mr. Aguilar: When I read the Commission agenda. Mr. Cohen: When he read -- Commissioner Spence -Jones: OK. Mr. Cohen: -- the Commission agenda, and now that's why we're here to complain about that, because that -- we learned that amount a year ago -- over a year ago, and we wrote a letter saying, no, it can't be right. Something's gone wrong. Commissioner Spence -Jones: What is the amount? I'm just -- I just want to hear what you -- Mr. Cohen: The amount that they have recommended, I think, is a total of $37, 303.22. Commissioner Regalado: No, no. She's asking -- Commissioner Spence -Jones: What's -- Commissioner Regalado: -- your amount. Commissioner Spence -Jones: -- your amount? Mr. Cohen: Oh, my amount. My amount is contained in the -- in my letter of September 10 to Mayor Diaz, and we said that -- Mr. Aguilar: 133, 000. Mr. Cohen: -- the lawyers in my office expended said 346.7 hours on this case, and the paralegals, 198.53 hours in the defense of Officer Linares, and then I asked for $300 per hour for the attorneys in my office, and most of the time was mine; I haven't divided it all up, but I gave careful attention to this case, and the paralegal hourly rate we're asking for is $90, and the memorandum from Mr. -- and the $300 has -- remember, this is -- you know, these are cost -- some of this is $11, 000, we laid out five years ago. I mean, just the interest on that money -- Vice Chairman Sanchez: What's the total? Mr. Cohen: -- is more than this, but -- Commissioner Spence -Jones: What is the total amount? I guess -- I'm not -- Mr. Cohen: What we're -- what -- City ofMiami Page 97 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: -- a mathematician -- Mr. Cohen: -- OK. I'm sorry. Commissioner Spence -Jones: -- or an attorney, so you know -- Ms. Conway: What we are asking for in fees and costs -- Commissioner Spence -Jones: Sarnoff, do you have it? Mr. Cohen: I'm sorry. Commissioner Sarnoff 130. Mr. Cohen: We're -- what we're -- $132,930.92. Commissioner Spence -Jones: That's what I -- Mr. Fernandez: Mr. Chairman -- Commissioner Spence -Jones: -- that was not clear. Mr. Cohen: I'm sorry. No. I'm sorry. Mr. Fernandez: -- that's all summarized in the cover memo that's part of the item that travels with you -- Chairman Gonzalez: Right. Mr. Fernandez: -- so that is in there, and we have made a fair representation in this cover memo of what was submitted to us, which, in turn, was forwarded to Tom Scott. All that I'm frying to make sure that you understand the parameters for your decisions. State statute makes it optional. You may give zero. You may give the full amount, because that's -- if you are convinced that what is being introduced to you here at this moment, without more, because you haven't seen anything -- and I don't know that, even Commissioner Sarnoff, being an attorney, has the level of litigation experience in civil rights to be able to look at, you know, information that he hasn't seen to be an expert and to give an opinion. The expert opinion that consider the sum total of $132,930.92, which was a sum total of what was submitted by Mr. Cohen, so there is no dispute as to what was submitted and what was referred to Judge Scott is that Judge Scott, in his opinion, recommends that the amount of -- sum total of $37, 000, as stated -- $37, 303.22 is fair compensation, given his review of everything that was admitted to him, so here, the decision that you're ultimately making is you disregard an expert, and you go with the testimony that's been adduced here only by this individual, by Mr. Cohen, or you, you know -- and that's fine, but you know, it -- for you to achieve a middle ground, if you're looking 132, 37, some form -- some shape in the middle, puts you in a very vulnerable position, in a position that I, as your City Attorney, do not want to see you because if anybody questions what solid information, what solid expert testimony, what have you considered to be able to dispense with taxpayers' money this way, I would be hard-pressed because doing this, you know, is not a fair way of spending money, and I'm sure you would agree, so the only testimony you have is Judge Scott making this recommendation. You know him. The next testimony you have is whatever Mr. Cohen has said - - and you need to put out ofyour mind references to -- that appeal to the, I hate to say it, sentimental. We're very happy that Officer Linares was exonerated by the court, because we're also very happy that we got the City exonerated, and so never there has been an issue, and we have never, neither the Police Department or the City cast this in terms of repudiating Officer City ofMiami Page 98 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Linares. The issue is one of mere -- of fiscal policy, and what do you award in settlements like this? The message -- Commissioner Sarnoff Mr. City Attorney, can I ask you a question? Chairman Gonzalez: All right. Let me -- Commissioner Sarnoff Can I ask a question? Mr. Aguilar: Mr. Chairman, can I say something? Commissioner Sarnoff Let me ask a question of the City Attorney, Mr. Chair. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff The City would have also been involved in this litigation as well, correct? Mr. Fernandez: Of course. Commissioner Sarnoff What did the City -- what billable hours were recorded from the City? Mr. Fernandez: I don't have that information with me, but I can get it for you. Commissioner Sarnoff Could you? Mr. Fernandez: I -- to the extent that, at the time of -- Commissioner Sarnoff Right. It may not have existed -- Mr. Fernandez: -- the City got information, I -- Commissioner Sarnoff -- but it may very well be that the City, who should have mirrored whatever Mr. -- more or less, mirrored what Mr. Cohen did, we would have an accounting for how many hours they spent -- Mr. Fernandez: I -- Commissioner Sarnoff -- which would be -- Mr. Fernandez: Presumably. Commissioner Sarnoff -- a good barometer of what time the City thought, in its interest -- Mr. Fernandez: Correct. Commissioner Sarnoff -- to expend. Mr. Fernandez: Correct. Commissioner Sarnoff Were those time records provided to Judge Scott? Mr. Fernandez: I don't know, because the -- Commissioner Spence -Jones: That predates you. City ofMiami Page 99 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff Because what I'm hearing -- and I -- Commissioner Spence -Jones: That predates you. Commissioner Sarnoff -- understand you don't know -- Mr. Fernandez: Yeah. Commissioner Sarnoff -- but what I'm hearing is, I think what happened -- and maybe you can correct me if I'm wrong, Mr. Cohen -- that your billable records went to Judge Scott, but he did not review any of your file. Mr. Cohen: I don't know what went to Judge Scott. I can tell you, he did not review my file -- Commissioner Sarnoff OK. Mr. Cohen: -- and I can also say -- Commissioner Sarnoff So, at most, he reviewed your billable records. Mr. Cohen: At most, my billable records, and I can tell you that, in the memorandum, it says, case number -- and it lists a case number, Civil Moore, that was the first case. There were two other cases. It's simply not possible. Anybody who's ever handled a lawsuit, that have three years of complex death litigation -- and believe me, when there's a death case, the idea that you put aside the human element of it, you cannot do that, OK, because Jorge -- I -- Jorge Linares and I can tell you how much time we spent together over the fear of his being left bankrupt, and they say, well, we had a conflict, so oftentimes, cities have conflicts; you appoint an attorney to defend the person. After one of the hearings, the gentleman who's died, the -- his mother came up to me and took my hand and started crying -- Chairman Gonzalez: Yeah. Mr. Cohen: -- so I -- Chairman Gonzalez: Well, you know -- Mr. Cohen: -- this is something I lived with, and Armando lived with, and Al lived with for years, and to say that I'm going to stand here and put aside the human element -- Chairman Gonzalez: Yeah, but -- Mr. Cohen: -- of it -- Chairman Gonzalez: -- I understand what the City Attorney is saying. Mr. Cohen: Yeah. Chairman Gonzalez: Our decision -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- cannot be based on, you know -- Mr. Cohen: Right, I agree. City ofMiami Page 100 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: -- the mother crying and the father crying, because you know, if you have a son killed, you're going to cry, so you know, I mean -- Mr. Aguilar: Mr. Chairman -- Chairman Gonzalez: -- you got to base your decision on the actual defense costs, a fair repayment. Let me let Commissioner Regalado, and then I'll take you, Mr. Aguilar. Yes, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Very briefly, two questions. Mr. City Attorney -- Mr. Fernandez: Yes, sir. Commissioner Regalado: -- how much do we pay Judge Scott by hour to review those files? Mr. Fernandez: I -- right off the bat, I don't know, but I could find out for you immediately by making a phone call to the office. Commissioner Regalado: OK. Now the other question is probably to Armando or to the attorney. If we were to pay what the person we hire -- well, we didn't; the City Attorney did -- to review, who gets stuck with the rest of the bill? Because the attorney is not going to work for free, and so who gets stuck with the rest of the bill, the 37 to 130,000? Is it the officer? Is it the FOP? Chairman Gonzalez: Probably the FOP, right? Mr. Aguilar: Well, the FOP has put a substantial amount of dollars in this case, but what I wanted to say is we're not questioning the credibility of Scott of Judge Scott. What we're requesting is that the CityAttorney's Office has dropped the ball into what they submitted to Judge Scott. On three different occasions, they asked us for the bills. I finally had to give it to Commissioner Regalado to say, we have given it to them time and time again, and they keep saying that they never received it fi^om us. It's -- Commissioner Regalado: And let me -- Mr. Aguilar: -- ludicrous to -- Commissioner Regalado: -- say this because I think it's important to put it on the record. The reason that I took a personal, a very personal interest in this case is this happen in the disfrict that I represent, District 4. This happen in a restaurant that many people I know, and myself usually go there to have an early dinner, and yes, we cannot judge whatever we need to pay for the emotional issue, but the important thing is that I review the case. I fried to understand. I saw the video, and this officer was doing what he was trained to do. He was trying to avoid a person that was not well to go into a restaurant, and we all read the news. We all see what could happen when a person that is not well goes into a restaurant, a rampage, so it touches the residents of the City ofMiami, the residents of the disfrict that I represent, and the reason that I requested a deferral the last time is precisely because I just wanted to find out if all the records - - if all the letters that I saw were answer, and I gave the City Attorney that information. To me, it's -- $37,000 is a bargain because no attorney will go forward with a case for four years for $37, 000. I mean, my daughter is an attorney, my son-in-law is an attorney, and I swear to you, she would not work three years for $37, 000, so I don't know. We need to resolve this for one thing. Yes, look, we need to be very careful, like the City Attorney says, with the people's money. We are the stewards of the people money, but we also have to balance our position with the City ofMiami Page 101 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 message that we send to the people that take care of us and our residents, the police department, the fire department, and it is important that we'll be -- that we will be fair, and I don't think that we're being at least fair on this case. I mean, we don't have a problem in paying $400, 000 for the fire fee case, or $200, 000 for another case, like we have pay, so somehow, this case has a problem. I don't know what kind of problem is, but this case has a problem, and you know, I feel very uncomfortable because, you know, I would -- if we are going to bargain here with the attorney and say, well, would you do it for 15? I'll give you 15, you know, but the fact of the matter is that we have never question very high, high figures when it comes to the City Commission, so we have the right to understand this process, and probably, our City Attorney can help us out here. The City Attorney can give us -- because you know, to me, it doesn't -- I mean, it's like that famous phrase, if it doesn't fit, you have to acquit. To me, it doesn't fit within what I have done here in the last ten years, paying attorney's fees in this case, so that's all. Mr. Aguilar: Well, if you guys can find me an attorney that will do a case like this, a reputable attorney, by all means, I'll fire him today and I'll hire him, but please, find him for me. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman, ifI may. This shouldn't even be a Commissioner's debate. I mean -- Mr. Fernandez: Right, exactly. Vice Chairman Sanchez: -- this is -- it's all about fairness here, to be honest with you. Now based on the billing that was put forth, and Judge Scott determine this amount -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- my understanding is that there're additional bills that need to be turned in or -- I mean, those are the things that we need to clear out, because the options that we have here today are three options. Now I want to find a solution to this problem, whatever it may be. I think that the case, how it was presented, the amount of work and effort towards the case and $37, 000 is ludicrous, OK, but that's my opinion. I have to rely on my attorney, just like you on your attorney. I have faith in my attorney. IfI didn't have faith in my attorney, I would be making a motion to fire him -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- so I have to go with what's presented to me based on the judge and the billable hours that you presented. Now if it's just for the point of clarification that there is additional billing that somehow were left out that you gave to Commissioner Regalado to turn in to the City Manager or whatever, then you know, if there's additional charges to that, then later on, when it's presented again, it'll come back to us, and if it's more money that we owe you, we're going to pay you. The bottom line here is fairness. You're not going to get your hundred and thirty -some thousand dollars, and you may not -- you know, you may not get the 37,000 either. It's about finding that fairness. Once again, this is a horrible position to put this Commission in. It is horrible for us to put -- this should have been worked out or whatever, and then come to us for a final approval on it, but based on the arguments that are made here, you're putting us in a very tough situation. Mr. Cohen: No. IfI could, Commissioner? Vice Chairman Sanchez: And once again, I state -- City ofMiami Page 102 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Cohen: Right. Vice Chairman Sanchez: -- very firmly on the statement that I've made, that will continue to support all those that are out there putting their lives on the line to make sure that we represent them, but at the end of the day, it's all about what's fair, fair for the FOP, and fair for the City, and fair for the employees. Mr. Cohen: I understand that, Commissioner, and you shouldn't have been put in this position, and we fried everything we could to avoid it. We put forth our number over two years ago. We gave our billing records over two years ago. Then, on December -- in November of 2000 -- Vice Chairman Sanchez: So, hold on, all your billing records that you've turned in, that you say that all those boxes, all the time, at the end of the day, this judge is represent -- this judge who has a very good reputation, came to the determination that it was 37,000 only? Mr. Cohen: That's what the document you have before you says. I can't -- it is not possible. Vice Chairman Sanchez: But do you have proper documentation? Do you -- Mr. Cohen: I do. I have complete -- Commissioner -- Vice Chairman Sanchez: -- and everything's been turned in to the judge? Mr. Fernandez: Every documentation he submitted to Commissioner Regalado, purporting to be the sum total of everything that we were supposed to have gotten, we, in fact, have gotten, and we, in fact, have submitted -- did submit all of that to Judge Scott. There is no discrepancy that he submitted something different to us than what we submitted to Judge Scott. That issue was resolved when Commissioner Regalado intervened and he got from them a complete stack of what constituted their entire claim; that we checked against our records, and page by page, was the same thing that we, over a period of time, had gather and collected. Now ifMr. Cohen wants to engage you in a very -- Vice Chairman Sanchez: No, no. Mr. Fernandez: -- perverse history of who said what to whom, and who wrote what letter when - Vice Chairman Sanchez: That's irrelevant. Mr. Fernandez: -- and the like -- Vice Chairman Sanchez: That's irrelevant. Mr. Fernandez: -- allow yourselves to be entertained. That is totally immaterial. The bottom line, at the end of the day, is that what he gave the City is what we gave Judge Scott, and Judge Scott represents this to you. Mr. Cohen: Commissioner, ifI -- Vice Chairman Sanchez: Yeah. Mr. Cohen: -- could for just a minute? The memorandum that you have before you says, the amount of attorney's fees requested and Mr. Cohen's complete file have been reviewed by an outside criminal defense legal expert retained by the City. That is not accurate. This complete file has not -- City ofMiami Page 103 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: We apologize for that. Mr. Cohen: -- been reviewed by anybody. Excuse me. No, the part about my file being reviewed is not accurate. I have no idea what Judge Scott's seen. Your memorandum talks about one case. It talks about Civil Moore. There were three cases. There was another case that was longer than the first case, and then there was an appeal, and you are not required to put aside your common sense, and you see what attorney's fees are, you see what this case is, you see the time we've spent, you see the boxes here, you know that -- I told you that there was three different medical examiners. There was a Dade County medical examiner, then the plaintiff had an expert, I had an expert, and yes, the City got off. The City got off because Linares got off. Since there was no constitutional violation, the City couldn't be responsible, so it is simply not -- I'm sorry? Mr. Aguilar: It would have cost a million. Mr. Cohen: Yeah -- it is simply not possible, and you're not required to put aside your common sense and say that these years of these litigation with scientific matters, 74 witnesses listed on it, photographs, scene photographs, cause of death issues, federal court litigation, and an appeal to the Eleventh Circuit was worth $26, 000. That's simply not possible. You're not required to put aside that common sense, and I don't want to speak for Commissioner Sarnoff, butt see him nodding his head, and I -- Mr. Fernandez: Mr. Chairman. Commissioner Sarnoff I hear your -- Mr. Cohen: -- take that as (UNINTELLIGIBLE) it's simply impossible. Commissioner Spence -Jones: Mr. Cohen, can I just ask a question? Mr. Cohen: Yes. Commissioner Spence -Jones: Because I mean, I know we're going to go back and forth on the issue. Mr. Cohen: Right. Commissioner Spence -Jones: What is your recommendation to this Commission regarding this item at this present --? And I understand that folks want to get past it, but what would you -- what is your recommendation to us -- Mr. Cohen: Well -- Commissioner Spence -Jones: -- since you feel as though what is being presented right now is not correct? Are you saying that you would like to have the opportunity to at least make sure you know for sure what the judge has is exactly what has been submitted? Vice Chairman Sanchez: Can we get a second opinion? Commissioner Regalado: Better yet, can we -- Vice Chairman Sanchez: Have another judge. Chairman Gonzalez: Yeah. City ofMiami Page 104 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: -- ask the attorney -- Commissioner Spence -Jones: I mean, I just -- Commissioner Regalado: -- here that has to vote to -- Vice Chairman Sanchez: Let me just ask him a question. Just for the sake -- Commissioner Spence -Jones: I mean, I'm -- Vice Chairman Sanchez: -- is there --? Can we get a second opinion? Can we get another judge to review it, based on the documents that have been presented? Mr. Fernandez: You certainly can. I was about read -- to recommend to you alternatives, that Mr. Cohen submits these three boxes to -- Mr. Cohen: Five. Mr. Fernandez: -- Judge Scott, or that, alternative, these three boxes -- Commissioner Regalado: Wait, wait, wait, wait. Commissioner Regalado: -- plus whatever has been submitted already -- Commissioner Regalado: It's going to cost us. This guy -- Mr. Fernandez: No. Commissioner Regalado: -- is for free. Mr. Fernandez: No, no, no, but -- Vice Chairman Sanchez: No, no, no. Mr. Fernandez: -- this -- Commissioner Spence -Jones: No, let's do it right. Mr. Fernandez: -- guy that you're talking about -- Commissioner Regalado: Listen, listen -- Mr. Fernandez: -- is an elected -- Commissioner Regalado: -- listen to me. Mr. Fernandez: -- official -- Commissioner Regalado: Listen to me. Mr. Fernandez: Yes. Vice Chairman Sanchez: No, no, no. City ofMiami Page 105 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: Commissioners had been, historically, dependent on other members of the Commission for recommendations. Some of the Commissioner have recommended renew this contract for this person that works for the City Commission; in this case, the City Attorney, the City Clerk, the Auditor General. Commissioner have done -- we used to have, when it was citywide, committees here, and we made some recommendation. I'm just saying that if the attorney that we have here could look briefly over the papers, and then meet with the City Attorney and discuss the item, and then, you know, make a recommendation for the next Commission meeting. I mean, going back to Judge Scott -- Vice Chairman Sanchez: With all due respect -- Commissioner Regalado: -- it's -- Vice Chairman Sanchez: -- I think that is ludicrous -- Commissioner Regalado: Oh, yeah, really. Vice Chairman Sanchez: -- and that's my opinion. I think you should get another judge, get another independent opinion -- Chairman Gonzalez: Attorney. Vice Chairman Sanchez: -- to review the documents. I have the utmost respect for the Commissioner; he's never done this before. You have to get experts that do it. Get another judge to review the papers and come back with a legal opinion. It's like you go to the doctor -- Mr. Fernandez: Assume -- Commissioner Regalado: Let -- Vice Chairman Sanchez: -- you're not satisfied with that opinion -- Commissioner Regalado: -- there is -- Vice Chairman Sanchez: -- you get another opinion. That is ludicrous. Commissioner Regalado: -- nothing ludicrous about this. Vice Chairman Sanchez: Yes, there is. Commissioner Regalado: Let me tell you why. We just hire a judge, a former federal judge, a former U.S. Attorney that made a decision based on what was given to him, that the City attorney claims is the same thing that FOP gave me, that I gave the City Attorney -- Mr. Fernandez: Correct. Commissioner Regalado: -- that I don't know. It wasn't that thick because I didn't get boxes. I just got a stack of paper. Now we're going to hire another judge. I guess the option will be the same judge, Judge Scott, right? Vice Chairman Sanchez: No. Commissioner Spence -Jones: No. Mr. Fernandez: It doesn't have to be. City ofMiami Page 106 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: No. It would be a different -- Vice Chairman Sanchez: Get another judge, an independent -- another independent opinion, an expert -- Commissioner Regalado: OK. Vice Chairman Sanchez: -- that could look at the documents -- Commissioner Regalado: OK. Vice Chairman Sanchez: -- and make a determination -- Commissioner Regalado: We are going to spent more money from the City in -- Mr. Fernandez: By the way, the answer -- Commissioner Regalado: -- order to -- Mr. Fernandez: -- to the question $4, 500 is what we paid Judge Scott to do a full analysis and evaluation of the materials submitted to him. Commissioner Sarnoff That's a ridiculous figure. Commissioner Regalado: OK. Commissioner Spence -Jones: And Commissioner Sarnoff -- Commissioner Regalado: 40 -- Vice Chairman Sanchez: In all fairness -- Mr. Aguilar: Mr. Chairman, can I say something? Vice Chairman Sanchez: -- every penny's well worth it. Commissioner Regalado: -- $4,500, OK Vice Chairman Sanchez: In all fairness, every penny is worth it, for the sakeness [sic] of fairness. Chairman Gonzalez: All right. Commissioner Spence -Jones: And that not to men -- I'm sorry, Mr. Chairman. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Not to mention -- and I know Commissioner Sarnoff, you're -- like you're saying, you're just getting in office trying to get a million and one things done, and not that you'd probably have a problem going through every single last one of those files, but this is, I'm sure, not something that was on your list of things to do, so from my perspective, I would rather for them -- and I hear -- I'm glad I got a chance to hear it for myself and see for myself today, Mr. Cohen, and I would want to recommend that we do get an independent -- spend the $4,500 to have an independent review, outside ofMr. Scott, so that we can come back and we City ofMiami Page 107 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 can hear, for the first time from you -- I mean, from another opinion -- Vice Chairman Sanchez: Is that in a motion form? Commissioner Spence -Jones: If you want to -- Vice Chairman Sanchez: Second. Commissioner Spence -Jones: -- make it in a motion form. Vice Chairman Sanchez: I will second. Commissioner Spence -Jones: I just want to make sure that we get the situation resolved for -- and I would have like to see that it's not another 90 days, so is -- can we put a time frame, because I'm sure that's what your concern is, too; is that correct, Mr. Cohen? Mr. Cohen: Well, and part of my concern, obviously, is the time frame. This dragged for a long time. I had to pay 600 bucks to get up here today to talk to you. Am I going to have to pay that again on lobbying fees? I mean, it's just adding insult to injury. I -- I'm not arguing with you, Commissioner. Vice Chairman Sanchez: That's a one-time check. Mr. Cohen: Yeah, butt mean, you know, after the way he was treated after what he did for the people of this community, then I had to lay out $600 for him, it's just not right, and I'm -- Commissioner Spence -Jones: So what -- Mr. Cohen: -- not arguing with you, Commissioner. Commissioner Spence -Jones: OK. We just want to solve it, and -- Chairman Gonzalez: All right. Vice Chairman Sanchez: Well -- Mr. Cohen: Oh, we do, too. Commissioner Spence -Jones: -- I'm frying to get to the bottom of it, so -- Commissioner Sarnoff Well, let me just say something because -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- a couple of things have been said. Number one, I have acted as an expert witness for attorney's fees on at least 15 times in my life, and I actually do civil rights violations. Be that as it may, I do appreciate what Commissioner Spence -Jones said, which is, I can barely find enough time in the day to still be a lawyer, as well as still be a Commissioner. I will tell you this, to look at a man being given $25,000 on a federal court case -- Vice Chairman Sanchez: Absurd. Commissioner Sarnoff -- on a 15- to 20 person witness matter -- summary judgment, by the way, means he did not go to trial, so he did not go to trial, with all due respect, but I would have expected, on the appeal alone, to have costed 20 to $25, 000, so I don't -- and he's trying to City ofMiami Page 108 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 appeal to everyone's common sense, and unfortunately, only a lawyer has that common sense, and I don't mean that disrespectfully, but there you go. See, the lawyers are handling the lights now, and there goes the common sense. This is -- this doesn't even pass the lawyer's smell test. You know, I -- you're probably right, Commissioner Sanchez, I have no business reviewing this, because I should mind my manners and not be a lawyer at this desk. On the other hand, I do want to at least give my colleagues the benefit of what I do know, and that is that these numbers have got to be two to three times lower than any lawyer would even, with a grin on his face, allow somebody to come in and say that's all it's warranted. Now I haven't looked at his bills. He could be a horrible biller. That means he may not be good at accounting for his time. I happen to be a horrible biller. I'm not good at accounting for my time, but -- and Judge Scott only had the benefit of looking at his time and not looking at his file. I will tell you this, and Mr. City Attorney, I think you do know this. To come before this Commission and say you billed $4,500 to represent this City and, more specifically, this City Commission, and having only reviewed that man billing records, you should think 2, 3, 10, 15 times about who it is you're retaining to look at the billing records, because for $4, 500, he should have gone through every paper in that box, made a small memo on it, and accounted for it, so maybe we need to think about who it is and what it is we're doing to do $4,500 of billing and have only reviewed a man time records. Mr. Aguilar: Commissioner -- Vice Chairman Sanchez: Call the question. Mr. Aguilar: -- ifI may say something? Chairman Gonzalez: All right. Yes, sir. Mr. Aguilar: I've been involved with the FOP, as many of you well know, for over 12 years. You have never seen me up here arguing an attorney's bill. We have always been able to work it out. We have never argued the amount of money that an attorney is paid. This is totally unreasonable. The CityAttorney's Office can't even tell you how many billing hours they put into this case. It goes to show you that something is wrong here. Something is horribly wrong. It doesn't take a rocket scientist to figure out that we -- what we charged you was -- the only thing we're guilty of is being reasonable and frying to save the taxpayers money. We should have said it was 200,000 so that we could have settled for 132; instead, we were honest, and we charge you what we were supposed to charge you, and now we're getting a slap in the face for 37,000; that's wrong. It doesn't take a lawyer, it doesn't take a rocket scientist to figure out that this kind of extensive case cost a lot more than that. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- call the question. Chairman Gonzalez: We had a motion and a second on getting a second opinion on -- Commissioner Spence -Jones: OK. Mr. Chairman, I just want to make -- Chairman Gonzalez: -- because of this -- pardon me? Commissioner Spence -Jones: No. I'm sorry, Mr. Chairman. I just want to add to -- City ofMiami Page 109 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: What is the second opinion? Chairman Gonzalez: Getting a second opinion -- Commissioner Regalado: What is a second opinion? Chairman Gonzalez: They will have to, I guess -- Mr. Fernandez: Well, that I will submit to another -- I can think of two other federal judges who have tried cases like this by the hundreds. I know at least two of them who are in retirement, who are of counsel to very reputable local law firms, and I would submit to this other judge the same thing that was submitted to Judge Scott. To -- Commissioner Regalado: He will come in with the same conclusions. Mr. Fernandez: Well, at that point in time, then -- Commissioner Regalado: Because if he -- Mr. Fernandez: -- the alternative would be -- Commissioner Regalado: -- come in with a different -- Commissioner Sarnoff Nobody's going to do (UNINTELLIGIBLE) Judge Scott, right. Mr. Fernandez: Well -- but again -- Commissioner Regalado: -- then nobody's going to believe Judge Scott. Mr. Cohen: Right. Mr. Fernandez: -- but then -- Mr. Aguilar: We'll have our own. Mr. Fernandez: -- the rule -- Mr. Cohen: Right. Mr. Fernandez: -- well, and that's a chance he takes -- Commissioner Sarnoff Nobody's going to prosecute -- Mr. Fernandez: -- because I -- Commissioner Regalado: And we have a problem with the fire fee then. Mr. Fernandez: Well, then the -- if the issue is that what the new expert needs to consider is all of the boxes, plus whatever they have already submitted, which is the same thing -- Commissioner Regalado: It's not going to be $4,500. Mr. Fernandez: -- then it won't be $4,500, butt gather that this Commission wants to get to the bottom of this issue, and this Commission wants to have solid, reliable, expert testimony from a detached party, somebody that does not have an interest in the outcome. City ofMiami Page 110 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: Right. Mr. Fernandez: Certainly, you don't have an interest in the outcome, but the union and Mr. Cohen does, and therefore, you need to have someone totally detached and disinterested giving you a fair assessment of the value ofMr. Cohen's service, because at the end of the day, that's the only thing that's in question here, the value ofMr. Cohen's services for the work he did on this motion for summary judgment and on this appeal. Commissioner Regalado: That's what I suggested -- Chairman Gonzalez: All right. Commissioner Regalado: -- Commissioner Sarnoff -- Mr. Aguilar: Yeah, but -- Commissioner Regalado: -- for several reason. Number one, he's detached. Number two, he will be very interested in the people's money. Number three, he has experience in federal -- Commissioner Spence -Jones: And number four, we -- Commissioner Regalado: -- court -- Commissioner Spence -Jones: -- don't have to pay. You forgot that one. Commissioner Regalado: -- and number four, we don't have to pay him. Commissioner Spence -Jones: We can get him for cheap. Commissioner Regalado: He's free. Mr. Fernandez: Well -- Commissioner Regalado: Now we got stuck with another bill to -- Commissioner Spence -Jones: But -- Commissioner Regalado: -- review -- Chairman Gonzalez: All right. Well, the -- Commissioner Regalado: -- the other review. Chairman Gonzalez: -- point of the matter is that we have a motion on the floor and we have a second and we need to vote on it. Vice Chairman Sanchez: Call the question. Mr. Aguilar: Commissioner, can I say one last thing? Quite frankly, I don't trust what the City Attorney's Office is going to submit to this person because they don't want to look bad -- Chairman Gonzalez: Well -- Mr. Aguilar: -- so how do we have a check and balance to know that they submitted the right City ofMiami Page 111 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 information? Commissioner Spence -Jones: Can you -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- submit it to them? Mr. Aguilar: Absolutely. Mr. Fernandez: Well, again -- Commissioner Spence -Jones: Is that a problem with them submitting it? Mr. Fernandez: -- I appreciate not having the trust of the union because I think that's -- it may be a badge of courage. That not being the case, though -- Chairman Gonzalez: Let me see ifI can put an end to this because we're going to be debating this for the next three or four hours, and we need to make a decision, one way or the other. Mr. Fernandez: That's -- Commissioner Spence -Jones: I thought we did already. Chairman Gonzalez: OK. Vice Chairman Sanchez: I think that the motion that's out -- Chairman Gonzalez: Why don't we instruct the City Attorney, that whoever he hires to evaluate this case, evaluate the entire case, the boxes, the files. As Commissioner Sarnoff says, check file by file and make a notation, check the time sheet, check everything, and then give us back a report. If it cost $7, 000, it cost $7, 000. If it cost $3, 000, it cost 7,000 -- $3, 000, but like you say, we need to get to the bottom of this, and we need to make sure that we do justice for this officer, and that we pay the attorney the right amount of fee. If it is 37,000 on the second opinion, it is 37,000. If the second opinion says, no, it's 50,000 -- I'm sure it isn't going to be $37, 000; I can tell you that right now. I can tell you that right now. It's not going to be $37, 000, never. On a three-year case in federal court, never, but I think -- you know, I don't know if you agree with me. I mean -- Vice Chairman Sanchez: I agree. Commissioner Spence -Jones: We definitely agree with you, and we definitely -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- want to move on this issue. Chairman Gonzalez: So the motion then is to instruct the City Attorney to find another qualified attorney -- Commissioner Spence -Jones: I would just want to put -- Chairman Gonzalez: -- to evaluate this case, the entire case, and give us a, you know, an opinion on what the case value is. City ofMiami Page 112 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Only thing I would want to add to add to that, if you don't mind, Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- is that I do not want to string them out any longer than they have been strung out. Is there any way that we can put a time frame in which -- Mr. Fernandez: I will ensure that this is back to you by the first meeting in February. Chairman Gonzalez: That's great. Commissioner Spence -Jones: Mr. Cohen, is that suitable? Mr. Cohen: Yeah. Chairman Gonzalez: That is great. Do you agree with that? Mr. Cohen: Sure. Chairman Gonzalez: All right, so 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. Commissioner Spence -Jones: Mr. Chairman, can -- ? Chairman Gonzalez: Thank you so much. Commissioner Spence -Jones: I know we're moving on to the next item. Is the officer here today? Mr. Cohen: No. He -- Chairman Gonzalez: And I want to clarify something. Charlie, when I say I will always support the Police Department and the Fire Department, I will also support your employees. If they ever put themself -- Charlie Cox: I don't want to (UNINTELLIGIBLE). Chairman Gonzalez: -- but if they ever find themselves in a position like this one, I will also be supporting your employees. I mean, I -- you know, I'm not trying to be -- Commissioner Regalado: That's what I'm saying. Chairman Gonzalez: -- supporting just the Police and Fire. I mean, everyone that works for the City, I believe deserves the City to be, you know, supportive of them a hundred percent. Mr. Cohen: Thank you all very much. Appreciate it. Chairman Gonzalez: All right. Ms. Burns: Excuse me. Mr. Chair -- City ofMiami Page 113 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: Let's go to RE.4. Ms. Burns: Excuse me. Does that mean RE.3 is being deferred? Chairman Gonzalez: No. It's not -- Commissioner Spence -Jones: Yeah, it has to be. Chairman Gonzalez: Well, yes. Mr. Fernandez: Yes. Chairman Gonzalez: Yes, you're right. Mr. Fernandez: It is being deferred -- continued is a better term -- to the first meeting in February. Chairman Gonzalez: We need a -- do we need a motion to continue and a vote? Mr. Fernandez: No, because this is not -- Vice Chairman Sanchez: No. Mr. Fernandez: -- a public hearing. Chairman Gonzalez: OK. Very good. Mr. Fernandez: This is just a matter of your decision. Mr. Cohen: May Ijust ask one question, Mr. Chairman? Chairman Gonzalez: Yes, sir. Mr. Cohen: Will we be able to find out who the person is who's reviewing it, and make -- Mr. Fernandez: Yes. Mr. Cohen: -- sure that they have -- Chairman Gonzalez: Of course. Mr. Cohen: -- our file? Mr. Fernandez: Mr. Cohen, I will communicate with you, andl would make sure that you personally deliver your boxes, not to us, but directly to our next chosen expert. Mr. Cohen: OK. Thank you very much. Mr. Fernandez: You're very welcome -- Chairman Gonzalez: All right. Mr. Fernandez: -- Mr. Cohen. City ofMiami Page 114 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Cohen: Bye-bye. Thank you, Commissioners -- Chairman Gonzalez: All right. Yes, sir. Mr. Cohen: -- very much. Thank you. RE.4 06-02168 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Improvement AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH Programs/Transpor INTERCOUNTY LABORATORIES-USL, INC., PURSUANT TO REQUEST FOR tation 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 THE AVAILABILITY OF GRANT FUNDS TO BE RECEIVED FROM MIAMI-DADE COUNTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SCOPE AND FEES FOR PHASES II AND III OF SAID PROJECT, SUBJECT TO CITY COMMISSION APPROVAL. 06-02168 Legislation.pdf 06-02168 Exhibit SUB.pdf 06-02168 Summary Form.pdf 06-02168 Master Report.pdf 06-02168 Master Report 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0032 Chairman Gonzalez: All right. RE.4. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. This item requests an award to Intercounty US Labs [sic]. It's in the amount of $1,150,980 for phase I of the environmental assessment and remediation of Virginia Key Landfill. This is only for phase I of the project, which is for the assessment of the site. The award will be broken down into two parts, based on the fact the -- Miami -Dade County is funding this project, and we currently have in place an interlocal agreement for $650, 000. Initially, the award will be made - - the contract will be executed for the $650, 000 and will be amended, which is part of the package, for $510, 000, upon the interlocal agreement being executed with the County. Additionally, earlier the City Attorney mentioned that this item was substituted on Friday that -- as a result of some changes made to the agreement. I'd like to highlight those changes to you, as he mentioned earlier. Those changes include a -- references to 2006 were changed to 2007, as it was originally scheduled for the December 14 agenda. The names of the attachments were changed. The insurance requirements were moved from the interior of the document to attachments; amendment number one was made an attachment, rather than a separate stand-alone document; clarifications were made to several sections to correct a resolution City ofMiami Page 115 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 number, and date inserted for the prior Commission approval of the Manager's findings, and the task -- well, this is 15 tasks; they were broken down into separate tasks of 1 through 10 and 11 through 15. Those were the changes made to the agreement. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Before we -- Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: Before I second it -- Commissioner Regalado: Second. Commissioner Spence -Jones: --I mean, why are we --? Chairman Gonzalez: We have a second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Spence -Jones: Yes. Chairman Gonzalez: You're recognized. Commissioner Spence -Jones: Mr. Chairman, I'm just wondering -- I mean, I just got briefed by you yesterday. Mr. Fabrikant: I'm sorry, what's that? Chairman Gonzalez: The City Clerk can't hear you. Commissioner Spence -Jones: I'm sorry. Chairman Gonzalez: Is your mike on? Commissioner Spence -Jones: Didn't we just have a briefing yesterday on this item? Mr. Fabrikant: That's correct. Commissioner Spence -Jones: And it changed from yesterday to today? Mr. Fabrikant: No. Nothing -- Commissioner Spence -Jones: It's -- Mr. Fabrikant: -- the substitute item was delivered on Friday; nothing has changed. Commissioner Spence -Jones: OK, because you mentioned in your opening, you said a million -- City ofMiami Page 116 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 it went from a million dollars -- it was 650 originally, right? Mr. Fabrikant: What is happening -- Commissioner Spence -Jones: And then it went to a million and something? I -- Mr. Fabrikant: No. The -- we're asking for award of 1,160,980. Initially, the contract will be executed for $650, 000, and we're requesting approval to enter into the amendment for the 500 -- additional $510, 000 upon the interlocal agreement being executed with Miami -Dade County, who is funding this project. Commissioner Spence -Jones: Oh, OK. All right. All right, thanks for clearing up. Chairman Gonzalez: All right. Any further discussion? Commissioner Spence -Jones: No. Chairman Gonzalez: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: RE.5. Ms. Burns: Excuse me, Mr. Chair, and this is as modified, is that correct? Vice Chairman Sanchez: As amended. Chairman Gonzalez: As modified, right. RE.5 06-02173 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007. Performance 06-02173 Legislation.pdf 06-02173 Summary Form.pdf Motion by Vice -Chairman 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-07-0033 Chairman Gonzalez: RE.5. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting and Performance. Before you is an amendment to the 2007 fiscal year budget appropriation. The major substance of this budget amendment is the City is recommending an appropriation of $2 million of reserve funds to be able to replace our entire fun -- the remainder of the frontline fleet of Solid Waste vehicles due to many of the issues we've been having with those trucks, so we respectfully recommend approval of that -- of this item. City ofMiami Page 117 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Spring: Thank you. RE.6 06-02271 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING FOUR GRANT AWARDS, IN AN Improvement AGGREGATE AMOUNT NOT TO EXCEED $2,250,000, FROM THE STATE Programs/Transpor DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR DRAINAGE tation IMPROVEMENT PROJECTS, CONSISTING OF A GRANT AWARD, IN THE AMOUNT OF $450,000, FOR THE FAIRLAWN STORM SEWER PUMP STATION -PHASE IIA, PROJECT B-50702; $800,000, FOR THE MIAMI FLAGAMI/WEST END STORM SEWERS IMPROVEMENTS PROJECT -PHASE II, PROJECT B-50695; $500,000, FOR THE NORTHEAST 71ST STREET STORM SEWER PROJECT, PROJECT B-50690; AND $500,000, FOR THE BELLE MEADE STORM SEWER PROJECT- PHASE II, PROJECT B-50672; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $450,000, FROM CAPITAL IMPROVEMENT PROGRAM ("CIP") PROJECT NO. B-50702, THE AMOUNT OF $266,667, FROM CIP PROJECT NO. B-50695, THE AMOUNT OF $500,000, FROM CIP PROJECT NO. B-50690, AND THE AMOUNT OF $500,000, FROM CIP PROJECT NO. B-50672; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE FINANCIAL ASSISTANCE AGREEMENTS AND AMENDMENTS TO AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 118 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02271 Legislation.pdf 06-02271 Exhibit.pdf 06-02271 Exhibit 2.pdf 06-02271 Exhibit 3.pdf 06-02271 Exhibit 4.pdf 06-02271 Exhibit 5.pdf 06-02271 Exhibit 6.pdf 06-02271 Exhibit 7.pdf 06-02271 Exhibit 8.pdf 06-02271 Exhibit 9.pdf 06-02271 Exhibit 10.pdf 06-02271 Exhibit 11.pdf 06-02271 Exhibit 12.pdf 06-02271 Exhibit 13.pdf 06-02271 Exhibit 14.pdf 06-02271 Exhibit 15.pdf 06-02271 Exhibit 16.pdf 06-02271 Exhibit 17.pdf 06-02271 Exhibit 18.pdf 06-02271 Exhibit 19.pdf 06-02271 Exhibit 20.pdf 06-02271 Exhibit 21.pdf 06-02271 Exhibit 22.pdf 06-02271 Exhibit 23.pdf 06-02271 Exhibit 24.pdf 06-02271 Exhibit 25.pdf 06-02271 Summary Form.pdf Motion by Vice -Chairman 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-07-0034 Chairman Gonzalez: RE.6. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. This -- Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion on RE.6, and we have a second. Discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.7 06-02274 RESOLUTION City ofMiami Page 119 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CONTRACT Development ADMINISTRATION AND ANY REMAINING FUNDS FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; ALLOCATING SAID FUNDS, TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, TO FUND ACCION U.S.A., INC., FOR THE MICRO -LOANS PROGRAM ASSOCIATED WITH THE CONTINUATION OF THE MAYOR'S CITY-WIDE POVERTY INITIATIVE (KNOWN AS ACCESS MIAMI); AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN THE AMOUNT OF $200,000, FOR A ONE -YEAR PERIOD, WITH SAID AGENCY, FOR SAID PURPOSE. 06-02274 Legislation.pdf 06-02274 Exhibit.pdf 06-02274 Exhibit 2.pdf 06-02274 Summary Form.pdf 06-02274 Pre Legislation.pdf 06-02274 Text File Report.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0035 Chairman Gonzalez: RE.7. Jorge L. Fernandez (City Attorney): This is, in essence, a companion to the item that the Mayor had in his Mayor's items this morning. Chairman Gonzalez: Right. Mr. Fernandez: Yes, M.3. Chairman Gonzalez: OK. Go ahead. Lisa Mazique: Lisa Mazique, director of Economic Development. Commissioners, before you, we have for us to transfer of the micro -lending program that is administered on the Access program from Community Development to Economic Development, and I also have Mr. William Porro, special program administrator, to answer any specific questions. Vice Chairman Sanchez: All right. I'm -- Mr. Chair, I'm prepared to make a motion on this item. Chairman Gonzalez: OK. Did we had a motion? Vice Chairman Sanchez: Yes, sir. Chairman Gonzalez: OK. We have a motion on RE.7. Do I hear a second? Commissioner Sarnoff Second. Chairman Gonzalez: And we have a second. It's a resolution. Discussion. Vice Chairman Sanchez: Just on discussion on the item. You would be surprise what a City ofMiami Page 120 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 difference of $4,500 makes to a small business. Some of these mom-and-pop stores that may not have good credit or may not have funding mechanisms to maintain their doors open, and I looked at the numbers, and it's, I think, citywide, 110 participants already. My disfrict leads the highest, butt was surprised to see who was second, and I believe that was district -- Commissioner Sarnoff, I think your disfrict was next, tied with Commissioner Spence -Jones districts [sic], as to participants that have participated in this loan, and once again, it is part of the Mayor's initiative that we have participated in, and also there is a great program going on with bank benefit right now, that the Commissioners need to be aware of. Currently, at all 13 NET (Neighborhood Enhancement Team) offices, with the tax season coming up, and I'm -- maybe if someone is watching this now, they could contact 311 and obtain the information that not only do you get assistance of you know, preparing your taxes for free, but there're a lot of people out there, under the poverty initiative, that do not know that there's a lot of benefits that they are -- that they could obtain from the federal government and the state, and just an example. A single parent, making less than $15,000 a year, with two children, could obtain close to about $12, 000 of benefits, including insurance for the children, with the assistance that they get, so it's very important that, being that Miami continues to be one of the poorest city in the nation, that we provide that information through our NET offices, through every channel that we have, to provide people to go there and seek this type of assistance, so once again, I think -- you know, we often get criticized for a lot of things, but this is truly one of many initiatives that are making a difference in our community, so I think I've taken enough of your time. Thank you. William Porro (Special ProjectsAdministrator, Economic Development): Thank you. Commissioner Regalado: Thank you. Chairman Gonzalez: All right. We had a motion. Commissioner Regalado: Can I say something? Chairman Gonzalez: Yes, Commissioner. Commissioner Regalado: Question. Micro -loans are $4,500? Mr. Porro: It's the average loan size, yes, sir. Commissioner Regalado: That's the average. Mr. Porro: Average, approximate. Commissioner Regalado: But like Commissioner Sanchez, they save businesses -- Mr. Porro: Correct. Your -- Commissioner Regalado: -- and how do you apply? Mr. Porro: They can actually apply on line. They can call 311 and get directed to Accion USA (United States ofAmerica), who is the industry that we fund. Just so you know, the funding that the Commission has approved has been leveraged 4/1 in the amount of money that goes out to these small businesses -- Commissioner Regalado: Right. Mr. Porro: -- of five employees or less, so they're really hitting the mom and pops of our (UNINTELLIGIBLE). City ofMiami Page 121 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: And what do they do with the $4,500? Mr. Porro: Normally, they'll buy equipment for their small business, or computers, and things like that. It's usually some type of hardware of equipment, so -- Commissioner Regalado: So that's something that break or make a small business, right, or you would say that? Mr. Porro: Yes, sir. They're able to expand, obviously. Commissioner Regalado: Absolutely. Vice Chairman Sanchez: Well, an oven -- Commissioner Regalado: Absolutely, $4, 500, the same amount we pay -- Commissioner Spence -Jones: I knew you was going there. Commissioner Regalado: -- to just check for a few hours. I'm just saying, you know. We need to think -- good thing about, you know -- because $4, 500 could have been used to save another business, and we pay $4,500 for a person who, by the way -- it should have been a bonus because that person is getting half a million dollars to fight the residents on the fire fee case, but you know, we need to reassess this situation of revising and revising, you know, with outside counsel and consultants, because whatever we pay a consultant could go to help another business. Mind you, only in the Southwest 8th Street corridor, within District 4, the district that I represent, on the City's side, because some of them is Coral Gables, and some of them West Miami, and some of them is unincorporated Miami -Dade County, from 27th to the Palmetto Expressway, there are 490 small business, 400 [sic]; most of them having a very hard time because, you know, economy is -- and let me tell you. I think that this program is important, and I think that we have to be more aggressive. Look at what happened in November and December of last year. The half a penny sales tax for transportation crash. They had a deficit of $2 million a month less. What it means, it means that people -- but dozens of dozens of millions of dollar less in Miami -Dade County during the month of October and November. We have a serious problem. With the construction boom going bam, there are dozens and dozens of small businesses are going to be hurting because these people will go there, so I'm just saying that this is a very important issue, but we should be more aggressive -- Mr. Porro: Yes, sir. Commissioner Regalado: -- because people in the small business, come in at 6 and leave at 9, and probably, they don't have even time to call 311 or go into the Internet; they just mind their own business, and they just work and work and work, so we should send our people out there to see if people really need, and look at the places. I agree with what you're doing, but I think and I hope that you will be more aggressive in doing so. Mr. Porro: Yes, sir. Commissioner Spence -Jones: Mr. -- Pamela E. Burns (Assistant City Clerk): Excuse me, sir. Commissioner Spence -Jones: -- Chair? Chairman Gonzalez: Yes. City ofMiami Page 122 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: I just want to -- Ms. Burns: I just needed your name on the record, please. Mr. Porro: Oh, William Porro, special project administrator, Access Miami. Chairman Gonzalez: All right. Does that conclude the -- Commissioner Spence -Jones: Yeah. I just -- Chairman Gonzalez: -- discussion? Commissioner Spence -Jones: -- want to just add onto it real fast. IfI can, Willy, I'd like to get a listing of -- I know most of the businesses come from my district. IfI can get a listing of what those businesses are. Mr. Porro: Absolutely. Commissioner Spence -Jones: It has been a challenge, even though I know that there's been more that has come from my district, but that's only because I've been jumping and screaming up about it, and that's why I've seen an increase of having more businesses participate in it, but one of the things I agree with Commissioner Regalado -- Mr. Reg -- Commissioner Regalado, what's the name of that fruit stand that you took me to for the fruit juices? Vice Chairman Sanchez: (UNINTELLIGIBLE). Commissioner Spence -Jones: Oh, you know where it -- Commissioner Regalado: No, no, no, no, no. It's the no -name place, because it doesn't -- Commissioner Spence -Jones: The no -name place. Commissioner Regalado: -- have a name. You know why? Because they put a sign, and an inspector told them to bring it down, so it doesn't have a name, and -- Commissioner Spence -Jones: The no -name -- Commissioner Regalado: -- it doesn't have a facade. Commissioner Spence -Jones: -- juice stand. This is a perfect example. Maybe -- wonderful man; he's a perfect person that can hopefully tap into. Commissioner Regalado: And you know what? Their freezer broke -- Commissioner Spence -Jones: So. He can buy a freezer now. Commissioner Regalado: -- so they had to brought one from their home to do it, because they don't know better, and that was my point, you know. Commissioner Spence -Jones: So, if we can -- Commissioner Regalado: They are used to work all their life. The person there is 80 years old - Commissioner Spence -Jones: Yep. City ofMiami Page 123 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: -- and you met him. Commissioner Spence -Jones: And you got to bring us all juice the next time, though, OK? But if we can, I would like to see if we can figure out a way to better promote the program, because what's happening now it's a program that's operating, but unless you know about it or you know someone that knows something about it, those are the people that are benefiting from it, and from any district, if the amount is -- I don't know what is the total amount -- if there's a way that we can, from my office perspective, do something to kind of promote it throughout my district -- Porro: We can coordinate -- Commissioner Spence -Jones: -- because I know a lot of my small businesses would love and appreciate, you know, being able to have this opportunity matched with something else, so I would like to make sure that the next time, as we go into the new year on this whole thing, that my office works closely with you to make sure the businesses ben -- fruly benefit from it. Mr. Porro: I would love -- like to work with all the offices. Commissioner Spence -Jones: That's my only comment. Mr. Porro: Thank you. Chairman Gonzalez: All right. That concludes the -- Commissioner Spence -Jones: Regular agenda. Ms. Burns: Mr. Chair. Chairman Gonzalez: I hope. Yes, ma'am. Ms. Burns: We don't have a vote on that. We have a mover and a seconder -- Chairman Gonzalez: I know. Ms. Burns: -- but no vote. Chairman Gonzalez: I know. Vice Chairman Sanchez: We're calling for a vote right now, Madam Clerk. Chairman Gonzalez: That's what I was going to do now. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: There's your vote. RE.8 06-02275 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Technology CHANGE ORDER NO. 14, IN SUBSTANTIALLY THE ATTACHED FORM, TO MODIFY THE COMPUTER AIDED DISPATCH SYSTEM AGREEMENT EXECUTED BETWEEN THE CITY OF MIAMI ("CITY") AND PRINTRAK City ofMiami Page 124 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 INTERNATIONAL, INC. ("PRINTRAK"), A WHOLLY OWNED SUBSIDIARY OF MOTOROLA INC. ("MOTOROLA"), PURSUANT TO RESOLUTION NO. 04-0491, ADOPTED JULY 22, 2004, BY, INTER ALIA, CANCELLING THE IMPLEMENTATION OF THE FIRE -RESCUE DEPARTMENT'S COMPUTER AIDED DISPATCH SYSTEM, ACCEPTING COMPENSATION FROM PRINTRAK AND MOTOROLA IN THE AMOUNT OF $1,812,000, IN THE FORM OF IN -KIND EQUIPMENT AND SERVICES, AND BY THE CITY, PRINTRAK, AND MOTOROLA VOLUNTARILY AND FREELY (A)COVENANTING NOT TO SUE, AND (B) RELEASING, DISCHARGING, RESOLVING, SETTLING, AND (C)AMICABLY RESOLVING ALL CLAIMS, ACTIONS, LIABILITIES, COST OR FEES, AGAINST ONE ANOTHER, THEIR SUCCESSORS OR ASSIGNS, ARISING OR OCCURRING FROM THE FIRE -RESCUE DEPARTMENT PORTION OF THE AGREEMENT, ANY PRIOR CHANGE ORDER, AND/OR CHANGE ORDER NO. 14. 06-02275 Legislation.pdf 06-02275 Exhibit .pdf 06-02275 Exhibit 2 .pdf 06-02275 Exhibit 3 .pdf 06-02275 Exhibit 4 .pdf 06-02275 Exhibit 5 .pdf 06-02275 Exhibit 6 .pdf 06-02275 Exhibit 7 .pdf 06-02275 Exhibit 8 .pdf 06-02275 Exhibit 9 .pdf 06-02275 Summary Form.pdf 06-02275 Master Report.pdf 06-02275 Pre-Legislation.pdf Motion by Vice -Chairman 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-07-0036 Chairman Gonzalez: RE.8. Commissioner Spence -Jones: RE.8. Chairman Gonzalez: OK. Peter Korinis: Good afternoon, Commissioners. Peter Korinis, chief information officer. RE.8 is a resolution to authorize the City Manager to make a change to the Motorola Printrak contract, specifically to delete the Fire portion of the computer -aided dispatch. The reason is the Motorola Printrak Corporation could not live up to the obligations and deliver the product that was contracted for. This change will result in this -- a reduction in the cost of the contract, a reduction in the cost of the maintenance support agreement annually, and $1.8 million compensation to the City for their inability to perform. Police have been using the system; it works fine for them, but not for the Fire part. Fire is using the old system, which, while it needs to be modernized and improved, is working properly now, in conjunction with the Police system, so that's the request -- Chairman Gonzalez: All right. Mr. Korinis: -- to proceed forward with this. City ofMiami Page 125 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 RE.9 06-02295 Department of Capital Improvement Programs/Transpor tation Votes: Chairman Gonzalez: That should be a no-brainer. Do I have a motion on that? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's a resolution. 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), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 06-0730 ADOPTED DECEMBER 14, 2006, TO REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS AND APPROPRIATE NEW FUNDING. 06-02295 Legislation .pdf 06-02295 Exhibit .pdf 06-02295 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0037 Chairman Gonzalez: RE.9. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. This item is requesting amendment to the capital projects appropriation resolution, adopted by the Commission on December 14. This item is requesting -- is allocating the previous acceptance today of the grants approved under CA.4, FR.13, RE.1, and RE.6. In addition, it is appropriating $2 million from the general fund for the purchase of 12 garbage trucks, and $470, 000 from impact fees for renovations to the Solid Waste facility. This item also is transferring funds between budget codes, which are required as a result of the City's conversion to Oracle, but these transfer funds do not reflect any changes in funds between projects. Chairman Gonzalez: All right. Commissioner Regalado: So we got already 12 trucks that burn? Pedro G. Hernandez (City Manager): No. I believe that the number is more like, I don't know, 3, 4, 5, in that range. However, it's been serious enough that I felt that we had to take the necessary steps to replace all of those trucks. Otherwise, I felt it would be an unsafe situation not to do so. Chairman Gonzalez: And a tremendous liability, I guess. Mr. Hernandez: Yes. City ofMiami Page 126 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Yeah, and I think it's been two most recently, though, that just took place, and I just -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- want to commend. Finally, we're getting these frucks because -- Mr. Hernandez: Obviously, we cannot be in a position where we haven't taken every step to replace those frucks. Commissioner Sarnoff The -- every one of those trucks is subject to litigation of revocation of acceptance, correct, Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes. Anything that doesn't function as it was sold to us to function is subject to litigation. Commissioner Sarnoff No, butt guess what I'm asking is, those trucks are involved in a liti --I know there's -- Mr. Fernandez: But we are -- Commissioner Sarnoff -- an ongoing litigation. Mr. Fernandez: -- we're actually litigating -- Mr. Hernandez: It is pending. Mr. Fernandez: Yeah -- Mr. Hernandez: It's pending litigation. Mr. Fernandez: -- and we are adding trucks, as they continue to burn, to that. Commissioner Spence -Jones: Well, we don't want them on the burning list. Mr. Hernandez: Well, we don't want to use -- Commissioner Sarnoff Right, right, but -- Vice Chairman Sanchez: -- that where "they continue to burn." Commissioner Sarnoff -- ergo my question. Vice Chairman Sanchez: It's not like they burn everyday. Commissioner Spence -Jones: Get rid of those ones that's going to burn. Commissioner Sarnoff Ergo -- what I'm frying to inartfully [sic] say to my colleagues is that, as you pull frucks out -- Mr. Fernandez: Yes. Commissioner Sarnoff -- of service, they are part of our damages -- Mr. Fernandez: Yes. City ofMiami Page 127 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff -- in the litigation. Mr. Hernandez: Yes, they are. Commissioner Sarnoff OK. Chairman Gonzalez: Yeah, hopefully, because -- Commissioner Sarnoff Right. That's why I want to confirm. Chairman Gonzalez: Yes. All right. Do I have a motion on RE.9? Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Chairman Gonzalez: OK. We have a motion and we have a second. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, and that concludes the regular agenda, and now we're going to go to boards and committees. City ofMiami Page 128 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 BOARDS AND COMMITTEES BC.1 06-01836 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Alan Rubin Commissioner Marc Sarnoff 06-01836 memo.pdf 06-01836 members.pdf 06-01836 legal opinion.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0038 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Alan Rubin as a member of the Miami Sports and Exhibition Authority (MSEA). Chairman Gonzalez: BC.1, Miami Sport [sic] and Exhibition. Vice Chairman Sanchez, you have one nomination. Vice Chairman Sanchez: That's on the Sports and Exhibition? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: I defer. Chairman Gonzalez: All right. Commissioner Sarnoff? Commissioner Sarnoff Alan Rubin. Chairman Gonzalez: OK. Commissioner Regalado? Commissioner Regalado: Mr. Chairman, I will defer for the next Commission -- Chairman Gonzalez: OK. Commissioner Regalado: -- meeting. "[Later...]" Chairman Gonzalez: All right. Commissioner Spence -Jones, you have -- Commissioner Spence -Jones: I'm actually -- City ofMiami Page 129 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chair Gonzalez: -- two nominations. Commissioner Spence -Jones: -- deferring all of my -- Chairman Gonzalez: All right, so we have one nomination from Commissioner Sarnoff. We need a second on that. Vice Chairman Sanchez: Who -- what was the name? Commissioner Sarnoff Alan Rubin. Chairman Gonzalez: Alan Rubin. Vice Chairman Sanchez: Second. Chairman Gonzalez: OK. 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. BC.2 06-01837 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stanley I. Foodman Commissioner Marc Sarnoff 06-01837 memo.pdf 06-01837 members.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0039 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Stanley I. Foodman as a member of the Audit Advisory Committee. Chairman Gonzalez: BC. 2, which is Miami Audit Advisory Committee. Commissioner Sarnoff? Commissioner Sarnoff Stanley Foodman. Chairman Gonzalez: OK. Vice Chairman Sanchez: Again? Chairman Gonzalez: Commissioner Spence -Jones? City ofMiami Page 130 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 BC.3 06-01838 Office of the City Clerk BC.4 06-02054 Office of the City Clerk Commissioner Spence -Jones: I'm deferring all of mine (UNINTELLIGIBLE). Chairman Gonzalez: That's all we have. We have a motion. Do I hear a second? Commissioner Regalado: Second. Vice Chairman Sanchez: 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01838 memo.pdf 06-01838 members.pdf DEFERRED NOMINATED BY: Commissioner Marc Sarnoff Commissioner Michelle Spence -Jones Chairman Gonzalez: BC.3, Nuisance and Abatement [sic]. Commissioner Spence Jones has an appointment. She's going to -- Vice Chairman Sanchez: Defer. Chairman Gonzalez: -- defer. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. VOTING MEMBER APPOINTEES: NOMINATED BY: H. Bredermier Commissioner Marc Sarnoff Love Ondusko-Levy Commissioner Marc Sarnoff City ofMiami Page 131 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 NON -VOTING APPOINTEES: NOMINATED BY: Gail Baldwin Commissioner Marc Sarnoff 06-02054 memo.pdf 06-02054 members.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0040 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint H. Bredermier, Gail Baldwin, and Love Ondusko-Levy, as members of the Coconut Grove Business Improvement Committee (BIC). Chairman Gonzalez: BC.4, Coconut Grove Business Improvement Committee. Commissioner Sarnoff I have three appointments. Chairman Gonzalez: Go ahead, sir. Commissioner Sarnoff H. Bredermier, Gail Baldwin, Love Ondusko-Levy. Chairman Gonzalez: All right. We need a second on the -- Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Gonzalez: -- nomination. All in favor, say "aye." The Commission (Collectively): Aye. Pamela E. Burns (Assistant City Clerk): Excuse me. Can I get some clarity? Chairman Gonzalez: OK. Commissioner Sarnoff, you also have three nonvoting members, right? Vice Chairman Sanchez: Madam Clerk, you had a question? Ms. Burns: Yes. Clarity on whether they -- who they replace, and are they voting or nonvoting members? Commissioner Sarnoff They were two -- there was an -- they're all voting members. The vacancy -- one is vacant due to the resignation ofAngella Reid. There was a -- right -- a vacancy by Monette Klein O'Grady; would be filled by Gail Baldwin, and a Ricardo Dunin, whose term has expired, and that will be filled by Love Ondusko -- O-N-D-U-S-K-O-Levy. Ms. Burns: Excuse me, Commissioner, one more. Gail Baldwin is replacing Monette O'Grady, but that's -- City ofMiami Page 132 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff Correct. Ms. Burns: -- a nonvoting member? Commissioner Sarnoff Correct. Ms. Burns: Nonvoting. Commissioner Sarnoff Correct. Chairman Gonzalez: All right, so you had a group of voting members. Now you have a group of nonvoting members. Commissioner Sarnoff Yeah. I will defer until -- Chairman Gonzalez: You will defer that? Commissioner Sarnoff -- we have the names. Yes. Chairman Gonzalez: All right. OK. It also says the BIC (Business Improvement Committee) has three additional nonvoting members as follows, and you're going to defer that, too? Commissioner Sarnoff Yes, sir. Chairman Gonzalez: All right, so we already voted on the three voting members, is that correct? All right. "[Later...]" Ms. Burns: And excuse me -- Chairman Gonzalez: Motion carries. Ms. Burns: -- again. I'm sorry, but before we move on, BC.4, we don't show a vote. Chairman Gonzalez: Pardon me? Ms. Burns: BC.4, we don't show a vote. Chairman Gonzalez: OK. Vice Chairman Sanchez: I -- Chairman Gonzalez: I asked you if we had a vote. Vice Chairman Sanchez: -- second it and Commissioner Sarnoff made the motion. Chairman Gonzalez: All right, so all in favor, say "aye." Ms. Burns: Thank you. Chairman Gonzalez: You got it now. BC.5 06-02243 RESOLUTION City ofMiami Page 133 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Harry Horgan Commissioner Sarnoff Placido Diaz Commissioner Sarnoff Spencer Crowley Mayor Manuel A. Diaz 06-02243 memo.pdf 06-02243 members.pdf 06-02243 Appointment.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0041 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Spencer Crowley as a member of the Waterfront Advisory Board. A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Harry Horgan and Placido Diaz as members of the Waterfront Advisory Board. Chairman Gonzalez: BC.5, Waterfront Advisory Board. Commissioner Spence -Jones -- Vice Chairman Sanchez: She deferred them all, right? Chairman Gonzalez: -- you're deferring? Commissioner Spence -Jones: Yes, sir. Chairman Gonzalez: Mayor -- Vice Chairman Sanchez: 6. Chairman Gonzalez: -- Diaz has two nominations. He's not here to make any nominations, so we're going to defer that, too. Pamela E. Burns (Assistant City Clerk): Excuse me. On BC.5, I do have an appointment by the Mayor. Chairman Gonzalez: OK. Ms. Burns: The Mayor appoints Spencer Crowley. Chairman Gonzalez: OK. You have two. City ofMiami Page 134 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: He's got two appointments. Ms. Burns: He's got -- he provided one appointment; he did not provide me with a second. Chairman Gonzalez: All right. You want to --? Vice Chairman Sanchez: All right, so move. Chairman Gonzalez: All right. We have a motion on the Mayor's appointment. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: And there is a second. All in favor, say "aye." The Commission (Collectively): Aye. "[Later...]" Chairman Gonzalez: BC.6, Bayfront Park Management Trust. Commissioner Sarnoff Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Sarnoff -- as a pocket item, I was going to put a person on the Waterfront Advisory Board. Would it be appropriate to do it now? Chairman Gonzalez: Yeah, go ahead. Commissioner Regalado: Yes, of course. Commissioner Sarnoff I would -- I'd like to do two people, a Harry Hor -- Hogan -- Harry Horgan, H O R GA N, and a Placido Diaz. Chairman Gonzalez: OK, (UNINTELLIGIBLE) -- Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. 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. BC.6 06-02244 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 135 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Bob Powers Commissioner Marc Sarnoff Steve Alexander Commission -at -Large Nathan Kurland Commission -at -Large Doug Reno Commission -at -Large 06-02244 memo.pdf 06-02244 members.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0043 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Bob Powers, Steve Alexander, Nathan Kurland and Doug Reno, as members of the Bayfront Park Management Trust. Chairman Gonzalez: BC.6, Bayfront Park Management Trust. Commissioner Sarnoff? Commissioner Sarnoff Bob Powers. Chairman Gonzalez: OK, and the Commission -at -Large has three appointments. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- as Commissioner [sic] at Large, one of the board members is resigning, and therefore, I would nominate Steven Alexander. Chairman Gonzalez: All right. Any other nominations? Commissioner Sarnoff Yeah, I'd like to nominate a Nathan Kurland. Chairman Gonzalez: OK. Any -- we need another nomination as a -- Commissioner Sarnoff (UNINTELLIGIBLE) -- Chairman Gonzalez: -- Commission at Large. Commissioner Sarnoff -- I have a Doug Reno. Chairman Gonzalez: All right. Vice Chairman Sanchez: Well, who are the ones -- Chairman Gonzalez: So -- Vice Chairman Sanchez: -- that are there at -large now? Commissioner Sarnoff You put Bob -- you put yours back on, which was -- City ofMiami Page 136 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: He wasn't mine. Commissioner Sarnoff Alexander. Vice Chairman Sanchez: He wasn't mine. Commissioner Sarnoff Well, you put Bob -- you put him back on -- Vice Chairman Sanchez: Yeah. Commissioner Sarnoff -- right. Vice Chairman Sanchez: But who were the ones -- who -- in the application, who's there -- who's in the application? Pamela E. Burns (Assistant City Clerk): Get back with you -- Commissioner Sarnoff For the Bayfront Trust -- Ms. Burns: -- on that. Steven -- As far as -- Commissioner Sarnoff Existing members. Ms. Burns: -- the existing, Steven Alexander was appointed by a former Commissioner. I don't have yours right now. I don't -- Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. We need a second on the names proffer. Vice Chairman Sanchez: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.7 06-02245 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Mascarenas Commissioner Marc Sarnoff Liliana Dones Commissioner Marc Sarnoff Donna Milo Mayor Manuel Diaz City ofMiami Page 137 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 06-02245 memo.pdf 06-02245 members.pdf 06-02245 Appointment.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0044 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Maria Mascarenas, Liliana Dones, and Donna Milo as members of the Commission on the Status of Women. Chairman Gonzalez: BC.7, Commission on the Status of Women. Commissioner Sarnoff? Commissioner Sarnoff I have Maria Mascarenas and a Liliana Dones. Chairman Gonzalez: All right. We need a second. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a -- Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: -- second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Yes, ma'am. Ms. Burns: Commissioner, we have -- the Mayor has proffered Donna Milo -- Chairman Gonzalez: OK. Ms. Burns: -- as his appointment. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say -- I'm sorry. Who's going to make the motion for the Mayor? Commissioner Sarnoff I'll make a motion. Chairman Gonzalez: OK. We have a motion and now we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.8 06-02246 RESOLUTION City ofMiami Page 138 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Becerra Commissioner Marc Sarnoff Barbara K. Bisno Commissioner Marc Sarnoff Haydee Regueyra Commissioner Tomas Regalado Roudy Thomas Mayor Manuel Diaz 06-02246 memo.pdf 06-02246 members.pdf 06-02246 nominations.pdf 06-02246 Resumes.pdf 06-02246 Legal Opinion.pdf 06-02246 Appointment.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0045 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Carlos Becerra and Barbard K. Bisno as members of the Community Relations Board. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Haydee Regueyra as a member of the Community Relations Board. A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Roudy Thomas as a member of the Community Relations Board. Chairman Gonzalez: BC.8, Community Relation [sic] Board. I'm going to defer my appointments. Commissioner Sarnoff? Commissioner Sarnoff Barbara Bisno and Carlos Becerra. Chairman Gonzalez: OK. 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: Commissioner Regalado? City ofMiami Page 139 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: Haydee Regueyra. Commissioner Sarnoff How nice. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Spence -Jones, you're deferring? Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: OK. The Mayor has two nominations. Do you have any names to proffer? Pamela E. Burns (Assistant City Clerk): The Mayor has proffered one name, and that's Roudy Thomas. Vice Chairman Sanchez: Second. Chairman Gonzalez: No, we need a motion. Commissioner Sarnoff I'll move -- so move. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: That concludes the Community Relation [sic] Board. BC.9 06-02251 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stephen Nostrand Off -Street Parking Board 06-02251 memo.pdf 06-02251 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0042 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, to confirm the appointment of Stephen Nostrand as a member of the Off -Street Parking Board. Chairman Gonzalez: Now BC.9, Off -Street Parking Board. Commission -at -Large. City ofMiami Page 140 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Jorge L. Fernandez (City Attorney): This is confirming -- Chairman Gonzalez: This is confirming, yeah. Mr. Fernandez: -- the appointment. Commissioner Regalado: I'll move the -- Chairman Gonzalez: Stephen -- Commissioner Regalado: -- name of Stephen Nosfrand. Commissioner Sarnoff Second. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.10 06-02304 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND/OR AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: ENTITY: Commissioner Marc Sarnoff Metropolitan Planning Organization Commissioner Marc Sarnoff Coconut Grove Business Improvement (to serve as Chairperson) Committee (BIC) 06-02304 memo.pdf 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-07-0046 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Commissioner Sarnoff as a member of the Metropolitan Planning Organization (MPO). A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, to appoint Commissioner Spence Jones as Vice Chairperson of the Midtown Community Redevelopment Agency. City ofMiami Page 141 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Commissioner Sarnoff as a member of the Coconut Grove Business Improvement Committee. Note for the Record: Commissioner Spence -Jones is the current Chairperson of the Midtown Community Redevelopment Agency. Chairman Gonzalez: BC.10, Commissioners as members of boards. MPO, Metropolitan Planning Organization. We need a name proffered. Commissioner Regalado: When do they meet? Chairman Gonzalez: I think they meet on Thursdays. Commissioner Spence -Jones: They meet on a Commission meeting, I know for sure. Chairman Gonzalez: On Commission day. Commissioner Spence -Jones: Who was it last? Commissioner Regalado: Huh? Commissioner Spence -Jones: Who was the last one, Mr. Chairman? Commissioner Regalado: Johnny Winton. Chairman Gonzalez: Commissioner Haskins. Huh? Commissioner Regalado: No, Johnny Winton was. Vice Chairman Sanchez: For what, for MPO (Metropolitan Planning Organization)? Commissioner Sarnoff I think Haskins got on it too. Commissioner Regalado: MPO. Pamela E. Burns (Assistant City Clerk): Excuse me. Our records show that Commissioner Haskins. Commissioner Regalado: Oh, OK. Chairman Gonzalez: Commissioner Haskins was appointed after -- Commissioner Regalado: And before was Johnny -- Chairman Gonzalez: -- yeah. Commissioner Regalado: -- Winton, and before it was Arthur Teele. Chairman Gonzalez: Before, it was Commissioner Winton, and before it was Commissioner Teele. Commissioner Regalado: I would offer the name of Commissioner Sarnoff to -- Commissioner Spence -Jones: Second. City ofMiami Page 142 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: -- be the -- Chairman Gonzalez: We have a motion. Do I have a second? Commissioner Sarnoff Do I get excused absences, or does that three -rule happen to me, too? Commissioner Regalado: No, no, no, no. Vice Chairman Sanchez: Three -rule, buddy. Commissioner Regalado: No. The thing is that they start -- Vice Chairman Sanchez: Three -rule, and you better show up with some Cuban coffee. Commissioner Sarnoff I was going to say -- Commissioner Regalado: -- like they start -- Chairman Gonzalez: It coincide with the City Commission, that's -- Commissioner Regalado: No, but they start like at noon and finish like at 2 or 2:30 -- Commissioner Spence -Jones: You got to take your lunch with you. Commissioner Regalado: -- because I remember -- Chairman Gonzalez: Sometimes. Pedro G. Hernandez (City Manager): Commissioner, ifI may, they normally start at 2 o'clock. It goes from like 2 to 4:30, plus or minus -- Chairman Gonzalez: Yeah. Mr. Hernandez: -- and that's normally on Thursdays, either the 3rd or 4th week of the month. Chairman Gonzalez: Right. Mr. Hernandez: I can double-check the dates. Chairman Gonzalez: Because I remember that -- Commissioner Regalado: Yeah, but then he cannot -- Commissioner Sarnoff Right. Commissioner Regalado: -- attend because he has to be here -- Commissioner Sarnoff That's what I'm saying. I don't (UNINTELLIGIBLE) -- Chairman Gonzalez: All right. Commissioner Regalado: -- so -- Chairman Gonzalez: All right. Midtown Community Redevelopment Agency. We have a City ofMiami Page 143 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 vacancy of a seat that was occupied by -- Commissioner Regalado: I'll proffer -- Chairman Gonzalez: -- Commissioner Haskins. Commissioner Regalado: -- Commissioner Michelle Spence -Jones. Chairman Gonzalez: All right. We have a motion -- Commissioner Sarnoff I'll second it. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Coconut Grove Business Improvement Committee; vacancy by Commissioner Haskins, who served as the chairperson. I guess we need to nominate -- Commissioner Sarnoff This one doesn't conflict. Commissioner Spence -Jones: Sec -- Commissioner Sarnoff This one won't conflict. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. Commissioner Sarnoff There's no excused absences for this one. Chairman Gonzalez: All right. We have a motion on Commissioner Sarnoff and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. That concludes the boards. City ofMiami Page 144 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISCUSSION ITEMS DI.1 06-01558 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-01558 Summary Form.pdf DISCUSSED Chairman Gonzalez: Now financial update, Mr. Springs [sic], DI.1. Larry Spring: Again, Larry Spring, chief of Strategic Planning, Budgeting & Performance. With regards to the financial update, and I think may have put this on the record already, because of the implementation of Oracle, we won't have our first financial analysis done until after the end of the first quarter, which will be summarily next month, so I know it has to be on the agenda, but we'll ask that it be deferred until that -- till the next meeting -- to the next -- Chairman Gonzalez: OK. Mr. Spring: -- time. Thank you. DI.2 06-01658 DISCUSSION ITEM Civilian DISCUSSION CONCERNING A PRESENTATION BY THE CIVILIAN Investigative Panel INVESTIGATIVE PANEL REGARDING ITS FINDINGS AND RECOMMENDATIONS ARISING FROM AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT'S PREPARATION FOR AND RESPONSE TO DEMONSTRATIONS DURING THE FREE TRADE AREA OF THE AMERICAS (FTAA) SUMMIT HELD IN MIAMI IN NOVEMBER 2003. 06-01658 Memo.pdf 06-01658 Memo 2.pdf 06-01658 Submittal Powerpoint Presentation 01-11.pdf DISCUSSED Chairman Gonzalez: CIP (Civilian Investigative Panel) presentation. How long is your presentation? Larry Handfield: Honorable Chairperson, honorable Commissioners, good afternoon. We have a brief public service announcement that we would like to show before I get started, if you please? Chairman Gonzalez: I beg your pardon? Mr. Handfield: We have a brief public service announcement that we would like to showcase before we get started. An audiovisual presentation was made. Mr. Handfield: Thank you so much. Commissioner Regalado: And may I ask, where is that running? Mr. Handfield: I'm sorry, Commissioner? City ofMiami Page 145 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: Where is that running? Commissioner Spence -Jones: Is it running on our channel? Mr. Handfield: It's running on all of the -- what channels? The Miami cable channel. Commissioner Regalado: OK. Do we know the frequency? I mean, do we know how many times a week it runs? Shirley Richardson: Excuse me. Shirley Richardson, executive director, Civilian Investigative Panel. I don't know exactly how many times per week it runs, but I do know, every now and then, while I'm watching the cable channel, I do see it, so it is frequent enough such that the public would be made aware. Pamela E. Burns (Assistant City Clerk): Excuse me. We need your name for the record, sir. Mr. Handfield: Yes. Larry Handfield, 4770 Biscayne Boulevard, Suite 1200, Miami, Florida. Good evening, Commissioners and Mr. Chair, Mr. City Manager, Mr. City Attorney. It is a pleasure to be here. I have been serving as the first chairperson of the Civilian Investigatory [sic] Panel. I'm proud to have served in that capacity, and I'm proud to be here this evening with most of the panel members. All who could not be here, but all who have demonstrated a substantial amount of record of public service. Let me just introduce into the record, because I think it is important for the Commissioners to know who these individuals are, JanetMcAliley, who serves as the vice chairperson, Tanya Brinkley, Danny Couch, Otis Davis, who's present, Andrew Fisherman [sic], Rudy De la Guardia, Bess McElroy, Timothy Moore, who's also present, Thomas Rebull, Hector Sehwerert, Brenda Shapiro, and Fred St. Amand. These are individuals who are entrepreneurs, professionals, and caring people, caring about the City of Miami. On behalf of the Panel, I want to first thank you all, and is to convey my profound appreciation for this opportunity to present and discuss with you, very briefly, the progress that we've made since the citizens ofMiami, overwhelmingly, called into action for the City Commission to create and to empower the Civilian Investigatory [sic] Panel to provide independent civilian oversight for the City ofMiami Police Department. This forum that we have here also gives us a much appreciated opportunity to present the findings we have reached as a result of our comprehensive investigation into the events that unfolded during the FTA [sic]; present our recommendations arising from the investigation, and finally, to share with you our goals as we go forward in discharging our mandate to provide civilian input with respect to investigation of citizens' complaint against the police misconduct; examine and make written recommendations to the Police Chief regarding departmental policies and procedures, including police training, recruitment, and enhancing, most importantly, the public understanding of civilian police oversight. Before I relinquish the podium to the subcommittee's chairperson, who presided over specific functions as it relate to FTA [sic] investigation, I would be remiss ifI did not at least give an historic overview on how we came about and why we are here. The historical context, very briefly, as you know, because you all were the ones who created it, based upon the public vote. November 2001, the citizens ofMiami resoundly [sic] and unmistakably declared a need to amend the City's constitution and the City Charter to impanel and empower an independent body of civilians to function independently of the Miami Police Department with respect to investigation of complaints against the City police officers, and to examine and make written recommendations regarding policies and procedures, as well as to vest within that body the subpoena power; 2002, a nominating committee was impaneled to accept and screen applications from interested individuals who were willing to serve, and present those recommendations to this body for appointment; March 2003, the CIP was impaneled with a very, very small transitional staff; in September of 2003, of that same year, we hired our executive director, Shirley Richardson, who, I must say, has done an outstanding job; September 2004, we engaged in recruitment of permanent staff members, as well as trying to create a budget; from January through April 2005, we hired our independent counsel, Mr. Charles Mays, our chief City ofMiami Page 146 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 investigator, as well as the independent private investigators, and at that point, the Panel became really fully, and for the first time, operational; April of 2005 to the close of December 2006, the CIP concluded its investigations on about almost 600 cases, 590 exactly, arising from citizens' complaint; related recommendations and concerns and notifications were submitted, in accordance to the Charter, to the Miami Police Department. In this same process, what was very interesting, we were, as I would like to describe, introduced by baptism by fire with the FTA [sic] in a process of all of this creation. Next, I will turn the mike over to Mr. Tom Rebull, who will provide briefly to the Commissions [sic] a report as it relates to the complaints committee, followed Brenda Shapiro, and then, at the conclusion, I will be more happy to entertain any questions or concerns that the Commissions [sic] will have. Thank you so much. Tom Rebull: Good afternoon, Tom Rebull, 1818 Southwest 15th Street. I -- actually, Janet McAliley was the chair of the FTA [sic] complaints committee, but she's unable to be here. I was the vice chair of the committee. I also chair one of the regular standing complaints committees for the CIP. The purpose of the FTA [sic] complaints committee was to review, submit findings, and make recommendations on each FTA [sic] complaint received, and to ascertain whether those complaints may be indicative of any underlying policy issue requiring changes to MDPD (Miami -Dade Police Department) -- MPD (Miami Police Department) protocols and practices. As I indicated, there is a standing committee that reviews regular complaints and Internal Affairs -- closed Internal Affairs cases that we receive from MPD. The FTA [sic] complaints committee reviewed and investigated complaints, conducted public hearings, received testimony from complainants and witnesses, analyzed arrest reports, examined hundreds of hours of videotapes, and analyzed police after -action reports. The CIP received 19 FTAA (Free Trade Area of the Americas) complaints between December 2, 2003 and June 10, 2005; copies of all those complaints, as required by our ordinance, were forwarded to the MPD. Three of those 19 complaints that we received were from organizations, the AFL/CIO (American Federation of Labor/Congress of Industrial Organizations), Amnesty International, and the Unitarian Universalist Congregation ofMiami. Of the eight complaints -- I'm sorry, eight complaints were from Florida residents, with the remaining 11 submitted by nonresident visitors from Virginia, New Mexico, Ohio, Rhode Island, Massachusetts, Oregon, and Washington, DC. In 12 of the 19 complaints, the complainants were unable to identify either the officer or the law enforcement agency against which the complaint had been filed. Four complaints identified MPD as the agency; three identified the Miami -Dade Police Department, and one was the Hialeah Police Department. With respect to each of these complaints, the CIP made no finding. With respect to the disposition of the individual complaints, they were, however, examined for, as I indicated earlier, any underlying policy or procedural issue, which they raised. Among the conclusions and recommendations reached were the following: The MPD should provide more comprehensive training in the protection of First and Fourth Amendment rights for people coming to assemble or march; law enforcement should distinguish between those protestors engaged in acts of violence and those engaging in peaceful civil protests. On occasion, there were instances of indiscriminate use of force where less lethal weapons, such as bean bags, were fired at retreating subjects or other persons who did not necessarily pose an imminent threat of serious physical injury or harm. Officers should display identifying agency insignia and name plate so as to be identifiable. To their credit, the Miami Police Department wore uniforms that provided a means of identification. Unfortunately, this was not the case with other police agencies. There is also a disconnect between the number of arrests that were made and the number that resulted in criminal convictions. The majority of the arrests made were dismissed by the State Attorney's Office or the courts. Just by way of closing, we identified 219 FTAA-related arrests. The State Attorney issued a nolle pros or a no action in 129 of the 219 cases, while many other cases were dismissed by the court. As of January 2006, only four of the arrests have resulted in a conviction. Thank you. Brenda Shapiro: Good afternoon. Brenda Shapiro, 1861 Southwest 21 st Terrace, which tells me, Commissioner Regalado, that you have two people from your district on this panel. The Policies and Procedures Subcommittee of the Civilian Investigative Panel was created to assess City ofMiami Page 147 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 policies governing police conduct during the FTAA. We also examined training provided to law enforcement personnel with respect to the use offorce, crowd control, and the preservation of First and Fourth Amendment rights. After the FTAA, we reviewed proposed revisions to Miami Police Department policies. We follow through on policy concerns identified by the complaints subcommittees, and we make recommendations to the Chief of Police. The Policies and Procedures Subcommittee made the following findings and recommendations regarding the FTAA: Officer training should include curricula that goes into the substance and application of First and Fourth Amendment rights, and the use of constitutional law professors to write those training models was suggested. They can help design the curricula. We have enough law schools in Miami -Dade County to draw upon to help us do that, and we also discovered that there's a necessity to introduce the testing component to determine whether the training has been effective, and to test the mastery of the skills of the officers who've been through the training. There is no testing in their ability to understand First and Fourth Amendment concerns. We also recommended that Standard Operating Procedure 25, Section lb should be written -- rewritten to govern the use of less lethal weapons to include the constitutionally sufficient language, to ensure that use of less lethal weapons is permissible only when the officer reasonably believes that imminent harm threatens the officer or other persons. We also recommended clarification in departmental orders governing the discharge of firearms, which the Department later revised, according to our recommendation. We asked for the reconsideration of the use of electronic control devices when encountering only passive resistance, a policy later revised by the MPD, and we asked the Department to reconsider revision of the strip search and body cavity search policies that would have expanded the authority of officers to conduct such searches; the Department did not revise its already exemplary position. In addition to the training, and in reference to Mr. Rebull's report on arrests, we came to understand that there are many offenses that occur during a large demonstration, like the FTAA, where arrest is not necessary, where ticketing could also be used, and we made that recommendation, which was in your report that we submitted to you. I've also been asked to report on the Interagency Coordination Subcommittee, which was chaired by my colleague, Rudy De la Guardia. The function of that committee was created to assess the coordination of operations between the participating law enforcement partners. The committee studied the after -action reports, analyzed the mutual aid agreements, and acquired formal training for CIP members in the incident command system, and communicated with law enforcement agencies to develop a unified, multi -agency response policy. Since we have made findings and recommendations that include employment of a joint information system to ensure delivery of a unified message relating to operations and procedures, use of adequate high-tech equipment to communicate police dispersal orders, often bullhorns were used; we found that inadequate, and would ask that the equipment be able to disperse orders that can easily be heard by the assembled public. The Miami Police Department, as host agency, should maintain the authority to define procedures, standard, a level offorce and weaponry to be used under given circumstances. Seeking participation of local legislators to recommend an amendment to the mutual aid act so as to incorporate an incident command system would, we believe, make it easier for the Department to, in fact, coordinate more efficiently, and to have and to assert the authority we think they deserve. I've also been asked to report on community outreach, an example of which you saw at the beginning of our presentation. We were asked to develop and maintain a comprehensive Community Relations Public Information and Marketing Program to increase public awareness, and we've accomplished the following: We designed, created, and published and distributed trilingual brochures; complaint forms and CIP brochures are available at all NET (Neighborhood Enhancement Team) centers, the Miami police stations, other City facilities, and on the CIP's web site. The CIP's web site offers comprehensive information about the panel and is regularly updated. CIP staff and panel members, through a coordinated speakers' bureau, attend regularly scheduled community meetings to discuss the work of the CIP. The diversity of the panel allows us to have outreach to many different organizations within the community. CIP members have appeared on TV (television) and radio, and an increasing number of articles have been written about the CIP in local media. Our publications include the FTAA status interim report in 2005; the final report in 2006; the National Association for Civilian Oversight of Law City ofMiami Page 148 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Enforcement featured us in a newsletter article. We have appeared in Freedom Watch, the ACLU (Americans Civil Liberties Union) newsletter, and we have issued the 2005 CIP annual report. I will reintroduce our very capable chairman, Mr. Handfield, to conclude, and thank you very much for not only your attention, but your continuing support of the Civilian Investigative Panel. Mr. Handfield: Thank you. Close -- lastly, I want to publicly thank all of the panel members, and I think it is important for this Commission to understand that these are dedicated public servants who have put in thousands and thousands of hours representing you, as we represent the interest of making the City ofMiami Police Department second to none, and making sure that the City ofMiami continue to be a world -class place and a model for the rest of the world, and we believe that this very exhaustive drive is a roadmap to -- that would make the City of Miami Police Department second to none, and with your help, and obviously, with the help of the Chief we -- there is no reason why this City and this Police Department cannot be an example of how you handle large-scale demonstrations in the future, and I thank you for your continued support and the support that we will ask upon you in the future. If there are any questions, I'll be more than happy to entertain those at this time. Chairman Gonzalez: Any questions? All right. Thank you very much for your presentation. Mr. Handfield: Thank you. "[Later...]" Commissioner Spence -Jones: Excuse me. The folks from -- while they're getting it fixed, Omar, can you ask Shirley to come here for a minute? She's the person over the Civilian Panel. I just want to say something to her real quick. One second. I was just drafted towards the end of it. While he's getting it set up, I do want to say this to you, and I'm sure that my colleagues feel the same way. I want to at least publicly acknowledge you for your hard, hard work. I know it took time to put your presentation together, and I know that the team, your team, Mr. Handfield, have worked very hard to at least bring some sort of closure to this issue, and I fruly appreciate it, and I just wanted to make sure -- I didn't want you to leave out, after putting all that work into something, especially you, Shirley. I mean, you work tirelessly trying to do what you need to do for the citizens ofMiami, so I just didn't want you to leave out knowing that you're not appreciated, and Mr. Handfield, you know you are a valuable commodity for us to even have -- we're fortunate to even have you serve as the chair on this board, so I wanted to personally thank you and let you know that the Commission fruly appreciates your time and dedication, along with your board members. God bless you, OK. I appreciate it. Ms. Richardson: Thank you, Commissioner. DI.3 07-00024 DISCUSSION ITEM Office of the City CITY ATTORNEY ANNUAL REPORT TO THE CITY COMMISSION. Attorney 07-00024 Cover Email.pdf DEFERRED Item DI.3 was deferred to the Commission meeting currently scheduled for February 8, 2007. Chairman Gonzalez: Now we have a presentation from the CityAttorney's Office. Mr. City Attorney, are you ready? Jorge L. Fernandez (City Attorney): Yes, I am. Chairman Gonzalez: Go ahead. City ofMiami Page 149 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: Thank you. Mr. Chairman, Commissioners, while the screen is being turned on -- there it is. No. I'm frying to get this to work. I have it on the main screen. Do you have it on your screen also? Chairman Gonzalez: Yes. Mr. Fernandez: But don't have it on mine. Let me see how I can get it. There, I have it, but now you don't have it. Chairman Gonzalez: Now we don't have it. Mr. Fernandez: Do you have it on your screens? Chairman Gonzalez: Now we don't have it. Mr. Fernandez: Maybe the tech people can help us, OK. Chairman Gonzalez: We need some -- "[Later...]" Chairman Gonzalez: All right. Mr. City Attorney, go ahead. Mr. Fernandez: Mr. Chairman, Commissioners, as you know, November and December were very compressed months. We only had one meeting in November, one meeting in December, and we were unable to get on the agenda to make this presentation. This presentation really relates to last fiscal year, fiscal year that ended September 30, 2005. There are three reports that I'd like to give to you. Today's report is a PowerPoint presentation; should not take more than 10, 15 minutes, then I would also deliver to you tonight or tomorrow morning an executive summary of the report, which is lengthier, that contains a lot more information, and then I would also give to you tomorrow the full report, which is this thick, that contains all of the data and all the information that we have gathered over a year that reflects the health of the City from a legal perspective, with a legal analysis. That report I intend to fully discuss with your senior staff and we're in the process of setting up a meeting with each of your senior staff so that can help them digest this, and then they can help you interpret the particulars of the executive summary that would also give you. The Office of the City Attorney -- andl hope it's in your screens, right? Commissioner Spence -Jones: Mr. City Attorney? Mr. Fernandez: Yes. Commissioner Spence -Jones: Do you mind ifI ask you a quick --? Mr. Fernandez: Sure. Commissioner Spence -Jones: Mr. Chairman, I would hate to not have Commissioner Sanchez -- is Commissioner Regalado gone also? Mr. Fernandez: Yeah. Commissioner Regalado is just coming in, and I expressed the same concern to the Chair; I would have liked all five Commissioners, but I'm ready to go. I can meet with Commissioner Sanchez and give him a very -- this same presentation when I give to him the executive summary, so it's up to you. I know it's been a long day. I know that you have -- Chairman Gonzalez: What do you want to do? City ofMiami Page 150 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 NA.1 07-00063 Hr. Fernandez: -- beaten me up badly so far, so -- Chairman Gonzalez: The problem is that if we don't do it in this meeting, I understand that the agenda of the second meeting is going to be -- Commissioner Spence -Jones: Can we do it the first week in --? Chairman Gonzalez: -- quite of an agenda. Huh? Commissioner Spence -Jones: You don't mind us doing in the first -- I mean, do you mind doing it in the first meeting in February? Hr. Fernandez: I -- it's been ready for the last so many weeks. I can give it to you whenever you want, but -- Chairman Gonzalez: You want to -- Hr. Fernandez: -- do want to give it to you in public, because I think your constituents and you, you know -- you would like -- Commissioner Spence -Jones: Is there --? Hr. Fernandez: -- to share with your constituents the way that your CityAttorney's Office is conducting business. Chairman Gonzalez: OK, so is it all right with you to do it in February, then? Because the second meeting in January is going to be very, very -- Hr. Fernandez: Correct. Chairman Gonzalez: -- hectic. Hr. Fernandez: I can do it the first meeting in February, no problem at all. Chairman Gonzalez: All right. Is it all right with you all, Commissioners? Commissioner Regalado: Yeah. Chairman Gonzalez: All right, so then -- Commissioner Regalado: We can beat you up in February, too. Hr. Fernandez: No. Chairman Gonzalez: All right. Hr. Fernandez: You've had your beating for the year. Commissioner Spence -Jones: I just don't know if you wanted to -- Chairman Gonzalez: All right, so let's have your presentation in the first meeting of February. DISCUSSION ITEM City ofMiami Page 151 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 DISCUSSION CONCERNING THE ISSUANCE OF BONUSES BY OUTGOING ELECTED OFFICIALS. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney to report back to the Commission with draft legislation dealing with the issue of bonuses to staff of outgoing elected officials; further, that staff of elected officials be removed from the unclassified service of the City ofMiami, thereby designating the elected official as the supervisor/controller and sole decision -maker of his/her staff. Vice Chairman Sanchez: I have one, butt will defer, as the Chair, to be last, and therefore, I would recognize Commissioner Regalado for his blue page item. Commissioner Regalado: I think that Commissioner Sarnoff has -- Commissioner Sarnoff I wanted to speak about two other issues that were going to be -- unfortunately, only made it in as pocket items, and that was on the bonuses and on the tender of files to the office by an outgoing Commissioner to a new Commissioner. Would anybody have an objection to me at least --? Commissioner Regalado: I don't have a -- Vice Chairman Sanchez: As -- Commissioner Spence -Jones: No. I don't have an issue. Commissioner Regalado: I yield to him. Go ahead. Vice Chairman Sanchez: -- a point of privilege, you're recognized on the items. Commissioner Sarnoff OK. Mr. City Attorney, I'd like to first fry to understand and figure out what the procedure and protocol is on bonuses for outgoing Commissioners when they recommend that bonuses be provided to their staffers, and what I'd like to propose is that this board be the reviewing board for any Commissioner, and especially, an outgoing Commissioner, with regard to bonusing [sic] staffers because it does affect the then incoming Commissioner's budget, as it can happen during a fiscal year, and what I'd like to understand is how that could be achieved, and to see if there's any support from my colleagues on this issue. Mr. Fernandez: Yes. Two questions. Protocols for exiting Commissioners giving bonuses, I can tell you that there is no established protocol for that. Second question, what can this board do or have this Commission be the one that approves, revises, or reviews the awarding of bonuses. In response to that question, the Charter is very clear. All issues relative to personnel are the province of the Manager. Only the Manager can deal with salaries and bonuses, and this Commission cannot wrestle that away from the Manager because it's clearly imbedded in the Charter. That's the very antiseptic answer to your two questions. I don't know if you need further details -- if you have further details that you would like to discuss, but basically, all issues relative to compensation of the employees and individuals who work in City Commissioners' officers -- offices are employees of the City Manager, and it is only the City Manager that can adjust their salaries, and when, in his absolute discretion, bonuses are warranted, only he can give them. Commissioner Sarnoff Well, let me ask you this because I'd like to understand in possible distinction -- does the City Manager actually manage or govern or supervise the employees of staffers? I mean, does -- because it's my understanding those staffers serve at the leisure, so to speak, of the Commissioner, and does the Charter or the Code visit, look at, investigate, discuss City ofMiami Page 152 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 the distinction between a staffer, say, in Commissioner Sanchez's office or Commissioner Spence -Jones' office, versus a City employee? Mr. Fernandez: Again, the -- technically, they're employees of the City and the Charter gives all employees of the City, with few exceptions, CityAttorney's -- attorneys, for example, is one of the exceptions -- completely to the control of the City Manager. The City Manager does not interfere -- it is my understanding -- with the directive that the individuals who work in the offices of the different Commissioners -- he does not give them their work. He does not supervise their work. He does not, in any manner, I understand, interferes with that relationship -- Commissioner, employees of the City assigned to the Commission's [sic] offices, but that is not to say that when it comes to salary or compensation issues, that it is not the City Manager's absolute prerogative and not the individual Commissioner's. We proposed -- we gave a legal opinion on this over a year ago when Commissioner Allen posed a very similar question to the one you're posing, and we can make that opinion available to you. In that opinion, we came up with a resolution to that, or we suggested an alternative, and that is that there could be a Code change that would change the character of those individuals who work for the individual Commissioners, so we provided a mechanism by which, if the City Commission is of a mind, there could be an amendment to the Code that would address the issue of these individuals being -- their compensation being determined by the Commissioners, with certain limitations, but at -- Commissioner Regalado: May I --? Mr. Fernandez: -- the time that that option was offered to the Commission, when that opinion was proffered, it was not accepted. Commissioner Regalado: May I just --? Vice Chairman Sanchez: Commissioner Sarnoff, are you -- would you yield to Commissioner Regalado? Commissioner Sarnoff Absolutely. I'll yield. Commissioner Regalado: Yeah. Vice Chairman Sanchez: Commissioner Regalado, you're recognized, for the record. Commissioner Regalado: I think -- thank you, Mr. Chairman. -- that the purpose of this discussion is whether or not -- it's not whether or not the Manager has the power to do the bonus or whether or not employees work at the pleasure -- or the Manager. I think that the idea of Commissioner Sarnoff -- ifI understand it -- is that the process will be public, that it will be subject to public debate because no one knew, until we read it on the paper, what happened last -- in the last instance. No one knew, not even the Commissioners or -- that -- in the other case that you mentioned, the Commission sort of denied, and then the bonuses were issued anyways, and what it does is that, number one, it affects the credibility of all elected officials because people -- public opinion will see it as a whole, that this is a practice that everybody does, and it's done in secret, and number two, it affects the ability of the incoming person to work with the established budget that that person has already, and remember, remember that all of the elections cycle are immediately after the budget approval, so a person is elected and has to work almost for the rest of the fiscal year with the budget that was approved. It will be unfair to the other members of the Commission for the incoming person to say, hey, somebody used $50, 000. Mr. Manager, give me $50, 000 because it's not fair. We are equal here, and if the Manager give $50, 000 to one incoming Commissioner, then the other Commissioner will say, well, give me $50, 000. I didn't use it for bonus, but I can certainly use for more employees and all that, so the system is wrong. By bringing this to the public debate, I think it serves the purpose, and you know, if we need to change the Code, if the people have to vote on it, if the people were to be City ofMiami Page 153 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 asked would you agree that any elected officials use money to give bonuses to the employees that work at their pleasure, then the people should be able to vote yes or no. I mean, Charter changes are not unusual. We're voting now on a very drastic Charter amendment in Miami -Dade County, so I think that what we need to figure out is the way to bring this to a public debate, but a public debate that it's really a public debate, and not that we had that debate two Commissioners ago. The Commission was not comfortable, and I remember what happened. We said no, but at the end of the day, somebody said yeah, sure, so it is -- I think it's important that the public has a debate, as it is important that the public has a debate on the Mayor's salary. We had a raise and there wasn't any public debate, and yet, the salaries of the Commissioners have to go to election, so you know, we need to establish sort of a norm here, and look, if we have to bring something to the voters to change the way -- we have elections in November of this year in three fifth of the City, so might as well use it to let the people decide, and that's whatl --I think that your idea is to bring this to a public debate so no one can sayl didn't know, you know, I -- it's either you vote or let the people vote. It's either one or two, so -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Commissioner. Vice Chairman Sanchez: Commissioner Spence Jones, and as the Chair, always, I will be last. Commissioner Spence -Jones: Just so that I'm clear on it, Mr. City Attorney, and Commissioner Sarnoff, is your proposal to -- just so that I'm clear -- make sure that if there is an issue around any bonuses from outgoing Commissioners, that that bonus be brought -- that the City Manager would bring that in front of the City Commission? Commissioner Sarnoff Yes. Commissioner Spence -Jones: OK. That is -- Commissioner Sarnoff Very clear -- Commissioner Spence -Jones: -- that's what you're -- Commissioner Sarnoff -- very clearly, and I -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- stress an outgoing Commissioner because that seems to be the practice that's been going on in the City ofMiami for the past five -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- six years. Commissioner Spence -Jones: OK. I just wanted to be clear, so your comment is really, if there's a situation where there's an outgoing Commissioner, that the City Manager would then bring that item in front of us and say that this is what the request is, and Mr. City Attorney, your concern on that is -- what is the concern? Mr. Fernandez: No. It isn't my concern. It is my very clear and unequivocal legal position -- thatl would suggest you do not ignore -- Commissioner Spence -Jones: Right. City ofMiami Page 154 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: -- that you are interfering with the powers of the Charter -- the powers of the Manager granted in the Charter. Commissioner Spence -Jones: OK. All right. That's whatl -- you know, because it -- Mr. Fernandez: Exactly. Commissioner Spence -Jones: OK, but how does -- how is --? Mr. Fernandez: How do you achieve --? Commissioner Spence -Jones: No, no, no. Mr. Fernandez: Oh. Commissioner Spence -Jones: I'm saying -- if we're saying that it will still go to the Manager --to bring to the Manager and all we're suggesting is that when the Manager decides to make that decision, that that would be brought in front of the board, are you saying that that exfra step to do that then is a violation of the Charter? Mr. Fernandez: Yes. Commissioner Spence -Jones: Is that what you're saying? Mr. Fernandez: Yes. Well, it's -- you know -- Commissioner Regalado: Look, look, look -- Commissioner Spence -Jones: I just want to -- I -- Commissioner Regalado: -- the only way to do it -- Commissioner Spence -Jones: I just -- I -- I just want to be clear. Commissioner Regalado: -- is by a popular vote. Mr. Fernandez: Correct. There you go. Commissioner Regalado: That's it. Commissioner Spence -Jones: OK. I'm sorry, Mr. Chairman. I'm almost done. I just wanted to make sure that not only the folks sitting in here understood, but the folks watching it on TV (television) understood. All right, so -- let me just say, out of all you guys sitting up here, I probably am the only one, outside of you just now, that had to really to experience that. I don't know if anyone else had, and I do know that, starting off in the beginning, it does put you a little behind because a lot of the resources sometimes are spent already or things are already done that may not be moving in the direction that you'd probably be moving in, so I do understand it. I also know that we all know, as Commissioners sitting on this dais, that many of the staff members that we do have in our offices, they work day in and day out, you know, frying to take care of the citizens of our district, and they're on call all the time. They never have time off as far -- at least not in District 5. They're all -- my people work all the time, but on this issue, I do think that it has become -- because I've experienced it. It is a concern because the next person coming into that seat wants to make sure that they have the resources available to them to do what they need to do, so I just -- I don't understand why there is even a big debate on the issue, you know. I -- City ofMiami Page 155 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Fernandez: If the issue is one of budget, that is an item that the City Manager should be able to address because I don't know that the intent of having given anyone a bonus upon their past Commissioner's departure is intended to negatively impact on the budget of that office for the remainder of the year. If it does, that's an issue -- Vice Chairman Sanchez: It does. Mr. Fernandez: -- that's a fiscal concern, but it's -- let's separate these. When you talk about fiscal impact, fiscal impact can be addressed in a different manner because you all control the budget. The City Manager doesn't control the budget. You all control the budget. You may make amendments to the budget. If Commissioner Sarnoffs budget has been negatively impacted by an action of his predecessor, Commissioner Sarnoff may bring to the Commission and the Commission may amend the budget to his office, if that is the case, so let's not confuse the argument of constitutional powers, if you will, of what the Charter provides for the manager form of government that you presently have with a budgetary type of concern because if you mix those two, then you're -- Commissioner Regalado: Mr. -- Mr. Fernandez: -- you know, you're confusing the argument. I would fo -- I would beg you to -- Commissioner Regalado: Excuse me. Mr. Fernandez: -- remain focused -- Commissioner Regalado: Excuse me. I beg you. No one is confused here. Mr. Fernandez: OK. Commissioner Regalado: There is no confusion at all. We're not talking about budget. Mr. Fernandez: Oh -- Commissioner Regalado: We're not talking about, hey, Mr. Manager, I need $50, 000 more because my predecessor -- we're talking of having a public debate about the use of public money once the Commission -- Commissioner is out of office. That's all that there is -- Mr. Fernandez: And I have nothing to say about that. Commissioner Regalado: -- to it. This is -- it has nothing to do with budget. No one has confused here nothing. It has only to do with the public process. If we need to change the powers, we can do that -- Mr. Fernandez: Yes. Commissioner Regalado: -- by vote -- Mr. Fernandez: Exactly. Commissioner Regalado: -- of the people, and I mean, if so -- if it's so complicated, let's put it to the voters. Mr. Fernandez: Exact -- and I'm not addressing those concerns. I think Commissioner Regalado is very crystal clear that -- City ofMiami Page 156 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: All right. Mr. Fernandez: -- the people are the one who confrol the Charter, and your Charter places impositions and limitations on you that clearly there is a division of the powers in this government and many of them are clearly placed to you, but some are given to the Manager, and the issue of compensation, whether it be salary schedules, whether it be any type of bonuses, as are being talked here, is the sole province of the City Manager. Now, the way to do that is by referendum and by Charter amendment. Clearly, the Commissioner is correct on that. Commissioner Sarnoff Mr. Chairman, may I? Vice Chairman Sanchez: Yes, sir. Commissioner Sarnoff After hearing the City Manager -- the City Attorney, it may be that we want to go a little further because what I'm hearing -- and unfortunately, I'm putting my lawyer hat on a little bit -- is that the Manager, theoretically, is the manager of our staff and I think the City needs to visit simply that issue alone because I would like to believe that Michelle Spence -Jones is the manager and should be held accountable for her staff equally with Commissioner Sanchez, and certainly, with Commissioner Regalado, and I think when we visit this issue, it should be very clear, and I -- with all due respect to our City Manager or the next City Manager or the one in the future -- that they should have no province and no ability to discipline, to direct, or to confrol any of the staffers in the individual Commissioners' chambers, and I think that's the way it works in practice, but I think that's the way it should work by written established policy, so when we're visiting this issue, I think it should be clearly laid out that the Commissioner's staff is his or her staff not to be visited by the Manager because, in essence -- I don't know which Commissioner said it, but we are the hedge against the bureaucrats of the City, and ifyou could, maybe we need to establish a policy and a protocol, and the law, ifyou will, that these staffers are not part of the bureaucracy; that they are part of the elected official Commissioner's policy -making ability. Mr. Fernandez: Again, that requires a Charter change. We can further enhance the legal opinions we have already written and issued in this matter, but the -- it is, as we sit here today, the sole purview of your appointed City Manager. By the way, you also have the power to remove any given City Manager who does not act according to the way you deem appropriate, so that's the ultimate remedy, not that I'm suggesting you do that. I just want to make sure that, in the discussion of powers, you do not feel that you're being trumped by anyone. It is my position, as your attorney, to really look out for the best interest of this Commission and the ultimate power that this Commission has to govern because you're the elected officials. However, the Charter has a limitation, and the limitation is, in the employee workforce, the Manager is -- that makes those compensation decisions. Vice Chairman Sanchez: Commissioner -- Pedro G. Hernandez (City Manager): Jorge, are you -- Vice Chairman Sanchez: -- Spence -Jones -- Commissioner Spence -Jones: I -- Mr. Hernandez: -- defending me? Commissioner Spence -Jones: -- just have one little question. I -- Vice Chairman Sanchez: -- and then we'll close the discussion. City ofMiami Page 157 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Because that was pretty interesting, Commissioner Sarnoff, your viewpoint of that. Then that -- I just have one tiny, bitty question. So that means, currently, if my staff or any of our staffs that work for us -- actually work for the City Manager. That's what this is saying. Mr. Fernandez: Yes. Commissioner Spence -Jones: OK, so if our staff asked a City staffer to do something or to get something done, then that's actually not a violation of the Charter then, correct? OK, that's what I thought. Mr. Fernandez: You didn't -- I didn't give you an answer to that. You heard some heckling in the back, which is wholly inappropriate, but the -- well -- Vice Chairman Sanchez: Listen, let's -- Mr. Fernandez: -- (UNINTELLIGIBLE) here to give an answer to, but -- Vice Chairman Sanchez: -- get in order. Look, let's focus on the obvious. It's flat-out wrong, and the perception is horrible. All right. It's an ongoing practice. I'm a victim of it. Commissioner Sarnoff is a victim of it. Commissioner Spence Jones is a victim of it, and all the arguments have been made as to the position that the incoming Commissioner is put forth. If it takes a consti -- a Charter change, the U.S. Constitution has been amended 24 times or so. The Florida Constitution has been amended a hundred something times, then we could change the Charter of the City ofMiami. Our founding father, whether it was in our nation, or state, or here, were never perfect, and that's why the laws have been made to -- as we go along, we amend them and make it better, but the bottom line is obvious. The perception, it is horrible. Having said that, is there any direction --? Commissioner Sarnoff Yeah. I -- Vice Chairman Sanchez: Mr. -- Commissioner Sarnoff you're recognized. Commissioner Sarnoff Could we ask the City Attorney -- could I ask you, sir, to propose, draft and -- Charter change that would visit two issues? One would be the issue of bonuses of outgoing Commissioners, pursuant to the discussion we had here, equally -- Commissioner Regalado: Elected officials. Commissioner Sarnoff Or the -- correct, the elected officials, and the second being a clear designation that the Commissioner is the supervisor, controller, and sole decision maker of his staff so that there is that separation. I know it's always been the policy -- more of a de facto policy that that's the way it works for the City ofMiami, but I think, if you're going to make this change, it would be a good change to demonstrate that that office is wholly separate and apart. Mr. Fernandez: Certainly. Now, may I restate your request? Commissioner Sarnoff Sure. Mr. Fernandez: And with a minor modification, hopefully, you would agree, that at the February meeting, I come to you with the process outlined -- because this City Commission has options on how to proceed to an ultimate Charter question or referendum. In the past, this Commission has always taken a very participatory process whenever you are dealing with the people's Charter, and in my recollection, and in my twenty -some years in government, never has City ofMiami Page 158 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 the Charter been amended without a committee, if you will, of citizens delegated by this Commission being involved in the participatory process of looking at the language and the like because it is the people's constitution, and then I come to you with the language that would then be submitted to this group that you would constitute yourself or appoint yourselves, and then timelines and time frames with a time certain for the question to be put to the public, so I understand your request of me to structure this process for you and have specific language in those two areas, in the areas of dealing with bonus for elected officials' staff and also the issue of the staff of the elected officials being out of the unclassified service of the City ofMiami. Vice Chairman Sanchez: The Charter Review Board. Commissioner. Commissioner Sarnoff Right, and I think every problem provides an opportunity, and maybe this is an opportunity to go beyond just those two classifications, but maybe even consider a bill of rights -- Commissioner Regalado: May I say --? Commissioner Sarnoff -- which the City ofMiami Charter doesn't have. Mr. Fernandez: So is that the third request that you're making? Commissioner Sarnoff Well, I -- forgive me for my naivete, but my understanding is that you're going to come back with us with some sort of -- a legislation or something for a committee to do a charter review. Vice Chairman Sanchez: And to review the entire Charter and make recommendations. Commissioner Sarnoff That's fine. Vice Chairman Sanchez: OK. Commissioner Sarnoff That's -- you know, maybe this is the opportunity for us to do a couple of -- the word is -- Commissioner Regalado: May I? Commissioner Sarnoff -- tweaking. Yeah, I guess, tweaking, fixing, repairing, improving, you know. We just improved this beautiful chamber, and let's improve the words that go in it. Mr. Fernandez: OK. Commissioner Regalado: May I? Mr. Fernandez: I have no problem opening Pandora's box, but it's up to you because you own it. Commissioner Regalado: May I say something? Vice Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Excuse me. We didn't use a charter review committee to place the salaries of the Commissioners, nor the contract of the Rusty Pelican, nor the parking surcharge, nor the bond issue for the consideration of the voters. I'm all for it, the creation of a charter review committee, but the timeline of a charter review committee versus the November election in the City ofMiami does conflict because if you create a charter committee, you cannot expect the City ofMiami Page 159 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 charter committee to give you all the Charter review in 90 days because by July of this year, latest Sep --August, we need to have the questions for the Elections Department, more or less, September, the latest, to program the electronic machines, and we would probably need an ordinance, with two readings -- Mr. Fernandez: Correct. Commissioner Regalado: -- in order to have that ready for early September, so my advice to you -- it's fine. Remember, the Charter review can operate by itself and by the way, we have general elections in November of -- 8th, the presidential election. My suggestion is for you to bring these issues -- it's an ordinance -- Mr. Fernandez: Right. Commissioner Regalado: -- so it's a public debate, and people can participate because if you go by the route of the Charter review, you will never be able to place it on the ballot on the November election, so that -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- just an advice because I really understand how the Elections Department works, and by the way, this should not be seen, at all, as an issue regarding the City Manager because I think that here everybody is very happy with Pete Hernandez, you know. It's 190 degrees change. I mean, the air is clear here with this manager, but that's another thing, but -- Mr. Hernandez: It is (UNINTELLIGIBLE) building, sir. Commissioner Regalado: No, no -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- really. It -- Vice Chairman Sanchez: Listen -- Commissioner Regalado: This is -- Mr. Fernandez: Well -- Commissioner Regalado: -- business, not personal, but what I'm saying is that what Commissioner -- Chairman Sanchez says, like the intent -- this really looks bad. This bonus thing really looks bad, and if the only way to fix it is by the route of the voters, so be it. I mean, like I said, how much it's going to cost? Very little because we are going to piggyback on the three fifth of the City having municipal election, and -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- you just need two more fifth of the City, so I just think that you should bring back the questions on those two issues. Mr. Fernandez: On only those two issues. Vice Chairman Sanchez: All right, so there's been a directive or a motion made by Commissioner Sarnoff. Is there a second? City ofMiami Page 160 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Regalado: Second. Vice Chairman Sanchez: It was a -- Madam Clerk, I want to make sure the record is -- because we took this item out of order, and apparently, you know, we're a little bit out of order. We got to get back on track. Pamela E. Burns (Assistant City Clerk): Our records show a discussion, but no motion. There was a -- Vice Chairman Sanchez: All right. Ms. Burns: -- direction, but -- Vice Chairman Sanchez: The motion -- Ms. Burns: -- that's it. Vice Chairman Sanchez: OK. Is there a motion directing the City Attorney to come back with a recommendation on the three items that have been put on the record by Commissioner Sarnoff? Mr. Fernandez: Two, not three. Ms. Burns: Two. Commissioner Sarnoff Two items. Vice Chairman Sanchez: All right. Ms. Burns: Two. Vice Chairman Sanchez: For the record, I stand corrected. Two items. Ms. Burns: Correct. Vice Chairman Sanchez: All right. There's a motion by Commissioner Sarnoff -- Commissioner Spence -Jones: Second. Commissioner Sarnoff Correct. Vice Chairman Sanchez: -- second by Commissioner Spence Jones. We've debated this long enough. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. NA.2 07-00064 DISCUSSION ITEM DISCUSSION CONCERNING THE RENDERING OF OFFICE FILES FROM OUTGOING COMMISSIONERS. DISCUSSED City ofMiami Page 161 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Direction by Commissioner Sarnoff to the City Manager to establish a policy regarding the effective transfer of office files from elected officials to their successors. Vice Chairman Sanchez: All right. Commissioner Sarnoff, you had another item? Commissioner Sarnoff Yeah. One last thing, and it's a -- Vice Chairman Sanchez: Do me a favor. Next time, put them on the blue pages. Commissioner Sarnoff I fried to, and unfortunately, my naivete, it didn't get there on time. I'd like to simply address, maybe through an ADM[sic], the responsible fransfer of files from one Commissioner to another. There is no legitimate reason for files to be thrown in boxes and then removed from an office with the theoretical intent that that is the tender of the files to the incoming Commissioner. It was done in a haphazard way, and what I propose very simply is that you walk to the City Clerk; you hand her your key to your office, and you've now tendered the files in the organized manner in which the incoming Commissioner receives those files. There's no justification for doing away with files and doing away with the institutional memory of that office, and that's essentially what happened, and you could say that we can locate those files, but it's been four or five weeks, and we're still locating those files, or maybe we're not. Equally, there's no justification for anyone to erase computers at all, so it seems to me the simple way of tendering your office to the incoming Commissioner is to hand the key to the City Clerk so you have an interim person; that you don't necessarily have to hand it to the person who you may have defeated in the election, and no bad feelings, but that should be constructive tender of your files, and there's no justification to use, then, your incoming staff and then have them go through boxes, and supposing the previous outgoing Commissioner did not leave you the files in any kind of file order, and then try to create a file cabinet again, and I think there should be an ADM [sic] issued by the City Manager that states the files shall remain as issued, as kept in the ordinary course of business for that disfrict, and the tender of the key is the tender of those files to the City Clerk. Anybody want to make any comments? Feel free. Vice Chairman Sanchez: No. I tend to agree with you. I didn't have that experience in my office when I first got there, butt had the previous one that you had, the problem, so -- but that's a good idea. I mean, it's really very awkward for you to hand over the keys to the individual who defeated you in an election -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- so -- but yeah, that could be a process that could be worked out. Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, there is in place today in the Code, under Section 2-143, a process for the proper transfer of the files. Maybe, in this case, it was done improperly, but think that we do have in place a process that should be followed to properly tender/fransfer to you the documents in the proper order. Commissioner Sarnoff The issue becomes order, and I've broached that memo very shortly, and it just seems to me that government should be simple, and the simplest thing to do is to have, you know, Madam City Clerk come over, grab -- take the key, excuse me, and now you've tendered your office in an orderly fashion, and there shouldn't be any boxing of documents. There shouldn't be any -- you know, in my situation, there were employees still on my payroll, and I never received a fransfer memorandum, and I'm not suggesting any longer that those need to be in place, but the files do. The files need to be left in place. Institutional memory needs to be a part of every disfrict, regardless of who the Commissioner is. There's no reason a city -- a citizen needs to come in here and say, I've been working on this for six years, how can you not know about this issue, and I look in the file cabinet, and I could see what that person is speaking City ofMiami Page 162 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 about because there's a file in there that says the issue, but not one document in that file for me to work on, so I'm suggesting that simplicity should be the mother of invention here, and the mother of invention should be an ADM [sic] that suggests that the tender of the key to the Clerk should be the tender of the office. Vice Chairman Sanchez: By law, no Commissioner can destroy any document. Pamela E. Burns (Assistant City Clerk): That's correct. Commissioner Sarnoff I -- you know -- Vice Chairman Sanchez: It has to be properly kept. Commissioner Sarnoff -- but what could be construed as properly kept could be putting documents in boxes and transferring them to close -- transferring them to another part of the City. I don't know if that's considered closed files, opened files, what files. It doesn't matter to me what you describe it as. Once you've taken an organized -- you know, being a lawyer, we're really good with paperwork, but once you've taken a file out of an office and you've -- you put that file in a box without any wrappers around it, what use is that file? Vice Chairman Sanchez: Well, as we stated, this is -- the process here is to tweak things to make things -- as you stated, government should be simple, so these are things that are put out for us to come up with a solution to it, so maybe the next transfer of power could be a much smoother transfer of power with dignity and a better understanding of what we talked about here about proper documentation and good business practices. Mr. Hernandez: Mr. Chairman, ifI may, actually quote from Section C of Section 2-143, City Archives and Records Management Program. The quote is from Section C, saying outgoing City officials or employees shall deliver all public records in their custody to their successors, and you know, obviously, something wasn't done properly in this case because that -- Commissioner Sarnoff Well, if you read the last -- Mr. Hernandez: -- didn't happen. Commissioner Sarnoff -- part, it's left open-ended how it's done. I'm suggesting a practice -- I'm suggesting -- Commissioner Regalado: Call the police. Commissioner Sarnoff No, I'm not suggesting that, but what I am suggesting is an actual practice, and that practice should be the files should remain as kept by that previous Commissioner, and the tender of the key to the City Clerk, who's an interim -- so if there's any bad feelings, fine, but the bottom line is, it's not a personality conflict between incoming and outcoming [sic]. It's about the orderly business of the people, and once you disrupt the orderly business of the people for three or four weeks looking for files, you've put yourself six to eight weeks behind very simply because you have new complaints coming in and you're trying to figure out how these complaints work out with the old complaints, and then you have irate citizens calling you saying, don't you even care? Don't you even know historically what's been going on on this? And you might and you might not, but the point of what I'm trying to say is look at the simplicity if you just put the surplus language in there. The tender of the key to City Clerk of the office, leaving the office files in the order in which you kept them in the ordinary course of business shall be tender of those files to the incoming Commissioner. Jorge L. Fernandez (City Attorney): Yeah. Mr. Chairman, Commissioners, the Code is yours. City ofMiami Page 163 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 We can amend the Code in any particular way that you require. Keep in mind that what you're doing is legislating your conduct, the conduct of outgoing Commissioners. All of you, one day, will be outgoing Commissioners, so presumably, you can -- not presumably. I'm telling you that we can amend this Code to impose upon yourselves further regulations of how you conduct yourself. Clearly, there is already language that reads outgoing City Commissioners shall deliver all public records in their custody to their successors. Now, was this done this time? Obviously not. Commissioner Sarnoff Well, but listen -- Mr. Fernandez: Obviously -- Commissioner Sarnoff -- to the -- Vice Chairman Sanchez: Yeah. Commissioner Sarnoff -- language. Listen to what that allows. All I'm suggesting is -- and now I'm -- I guess I'm being told, Mr. City Attorney, that that requires another Charter amendment -- Mr. Fernandez: No, no, not Charter. Vice Chairman Sanchez: No, no, no, no. Mr. Fernandez: Code. Commissioner Sarnoff Oh. Vice Chairman Sanchez: Code. Mr. Fernandez: Code. Commissioner Spence -Jones: Code. Commissioner Sarnoff Code. Mr. Fernandez: That, you can do. Commissioner Spence -Jones: Code. Mr. Fernandez: Yes. Commissioner Sarnoff Sorry. Vice Chairman Sanchez: Not this one. Commissioner Sarnoff Not this one. Vice Chairman Sanchez: This is just -- Mr. Fernandez: Not this -- Vice Chairman Sanchez: -- the Code. Mr. Fernandez: -- one. City ofMiami Page 164 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Sarnoff OK. Mr. Fernandez: No, and you -- we can. I can put in any language -- Commissioner Sarnoff OK. Mr. Fernandez: -- and three ofyou can vote it in, and that means everyone from now -- Vice Chairman Sanchez: So -- Mr. Fernandez: -- but it would require a policing that -- of the record so that when any ofyou, again, would leave office, there would be somebody from the Clerk's Office, from the City Manager's Office, reminding the outgoing Commissioner, you need to do this, you need to do that. Commissioner Sarnoff But what I'm suggesting is you don't need to do anything. You need to leave the office just as you -- I'm not even suggesting you clean your office. I'm suggesting you tender the key and leave the files intact in the manner and course and scope of the way you maintained that office for the past three years, eight years, nine years, whatever you've successfully negotiated that office. What I'm suggesting is the tender of the key is the tender of the files, and what I'm -- by the way it's written right now, it could be interpreted that throwing files in a box and sending them to the Clerk, who the Clerk then sends them -- forgive me. I don't know where they went. I'm sure there's a storage place in the City ofMiami, but they are useless to me now, and I'm just suggesting -- I think everybody here is of the moral character and of the desire of wanting their district's people's business kept in as good a order as possible. Vice Chairman Sanchez: I think you've made an excellent point, and as the Administration and the Attorney have stated, we can amend the Code, and that could be something that you could bring forth for us. We've already discussed it enough. Commissioner Sarnoff I agree. Vice Chairman Sanchez: I think that we don't need to discuss it that much because I think we agree with the concept. Mr. Hernandez: Mr. Chairman, I do understand the concerns. I'll work with the City Attorney, providing the right words so it's clear as to what the process ought to be. Commissioner Sarnoff Understood. Vice Chairman Sanchez: All right. All right. Commissioner Regalado -- I'm sorry. Commissioner Sarnoff, that -- you only had two items, correct? Commissioner Sarnoff Yes. NA.3 07-00065 DISCUSSION ITEM DISCUSSION CONCERNING ONE -DOLLAR ADMINISTRATION FEE EARMARKED FOR FUNDING THE POLICE ATHLETIC LEAGUE PROGRAM. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez and Commissioner Regalado absent, directing the City Manager and City Attorney to work with the Miami Police Department in creating a City ofMiami Page 165 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 NA.4 07-00066 one -dollar, special duty hour administration fee earmarked for funding the Police Athletic League Program; further requesting that legislation relating to same be brought back to the Commission meeting currently scheduled for February 8, 2007. Vice Chairman Sanchez: And since we're on that issue, most of you have heard that the Miami Police Athletic League is in a funding crisis, and let me just tell you that that is a great organization, and I know from experience because my son has participated on that -- in their program and I attend the games, and let me tell you, the greatest thing that you could see when you see police officers that are out there and some firefighters that have volunteered to coach is that these kids, not only do they have a place to go and enjoy sport, but a place where they are supervised and staying out of the streets, and they have a role model, which that's something that we strive on is to make sure that our children today have a good role model, and when you see this, it really -- you really appreciate what a great program PAL (Police Athletic League) is all about. I don't need to get into the specifics because you've read the articles and you know that they are right now -- they don't have any funding, so as legislators, as the people that come here and we put the policies together, well, I -- we got together with the Miami Police Department and the City Manager, and we did some research as to other cities that have had very positive funding sources through creative ways of user fees, and today, since, you know, we've got a long agenda, I just want to make a motion directing the City Manager to work with our Police Department and the City Attorney to create a $1 special duty hour Administration fee earmarked for funding our Police Athletic League, and the only thing that I would ask is that we need to come up with those fundings [sic] as quickly as possible because, right now, they're having to lay off employees, and you know, we don't want to interfere with a lot of these programs that are starting now with the football program, the basketball program and stuff so I would also, in that motion, respectfully request that this legislation be brought by the February agenda so we could vote on it, so I'm going to pass the gavel to Commissioner Spence -Jones, and I will make the motion. Commissioner Spence -Jones: He just made a motion. Commissioner Sarnoff Oh, I'm sorry. Second the motion. Commissioner Spence -Jones: The item passes. Vice Chairman Sanchez: Aye. Commissioner Spence -Jones: All in favor, "aye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: Kind of threw me off there, you know, right? Vice Chairman Sanchez: It passes. All right. Those are my items for now. DISCUSSION ITEM DISCUSSION CONCERNING THE REMOVAL OF THE ANTI -ASSEMBLY ORDINANCE. MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager and the City Attorney to indefinitely postpone bringing to the Commission the second reading ordinance relating to obtaining a permit for assembly at exempt government properties. City ofMiami Page 166 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Vice Chairman Sanchez: All right. You're recognized for -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- two more items. Commissioner Spence -Jones: Yes. First of all, I want to apologize because I do understand that I didn't realize I was going to be another person asking you to do add-ons this morning, but these are two things that actually took place actually after the deadline, the printing of -- on my blue pages, so I could not include them, but one of them has to do, of course, with the ordinance regarding the permit for an assembly at exempt government properties, and then the second has to do with looking at having the City Manager look at -- or look for creative ideas of transferring some abandoned property to nonprofit organizations -- to a nonprofit organization to assist with this recent homeless issue and housing crises. I just want to add, Mr. Chairman, as you know, in our last City Commission meeting, the emergency ordinance was brought up, and then we passed it on first reading, but since then, I've had a chance to actually go out and visit this one particular site that would have been affected by this ordinance, myself and also Commissioner Regalado, and I want to say to Commissioner Regalado, which is on the board for the Homeless Trust, that I truly, fruly appreciate your leadership and your direction in actually touring my disfrict regarding this whole issue of homelessness. I really, really appreciate your guidance on the issue, butt have had the opportunity to visit and talk to both sides on the issue, and I have to say, you know, in the very beginning, you know, again, it wasn't really my item. It was really a City Manager's item, but it somehow became my item in the midst of all of that, but from day one, the begin -- the whole purpose, I thought, for me was to deal with the issue of public safety and liability, the liabilities attached to -- if anything happened on City -owned lots, and from day one, as I sat in this chair, I -- you know, with the former City Manager, I pushed very hard to make sure that we fenced many of our lots because of the number of lawsuits that were attached to vacant lots that I had in my district, so for me, this was just a way to address it, but it somehow, you know, became something else, so after I actually visited the site myself and spoke to the residents, I vowed to at least work to find some viable solutions, along with the Homeless Trust and my colleagues at Miami -Dade County. Again, we realize that this is not a City issue. As a matter of fact, it's not really even -- this particular issue is not even a City lot. It's really a County lot that's somehow flowing onto a City lot, but needless to say, it is in my disfrict, and I have no problem with taking full responsibility and addressing and finding viable solutions to help all people; the people that have and the people that have not, so I just wanted to at least entertain -- and I did have this conversation with the City Attorney because I didn't know how -- the best way to address it, so I wanted to make sure -- at least brought it to my colleagues on the dais now to see if there's any way that I can express to my colleagues if there's a way for us to at least kill the item itself so that, at least, the folks that we're working with, you know, at shantytown and anywhere in my disfrict that may be having issues regarding this issue, know that they can rest assured that the City has no plans to, at this point, you know, do anything regarding this particular item. I wanted to at least bring this out to my colleagues to make sure - - because I know we passed it on the first reading, but I do -- I mean, there's a serious level of distrust that takes place at the City and many people in the community, so I think it's important for us to begin rebuilding that trust. We did remove the item already, as you saw that it's not on the agenda, butt just want to assure them and the residents that we are going to try to move in the direction of working on viable solutions, butt wanted to at least bring it up today with the City Attorney on the dais, along with my colleagues, to see if they would mind for us to simply just kill this particular ordinance. Jorge L. Fernandez (City Attorney): The ordinance is not in front of you, so you cannot -- Vice Chairman Sanchez: Yeah. Mr. Fernandez: -- pass on it. You cannot defeat it for second reading. City ofMiami Page 167 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Right. Mr. Fernandez: It has had a first reading, so what I told Commissioner Spence Jones is that, by a vote of this Commission, you can direct the City Manager and myself not to bring it back to you for second reading, period. Now, that is a symbolic gesture that would communicate clearly to this community or to these individuals that the City Commission is not going to do anything -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- to fortify their ordinances with regard to any potential -- Vice Chairman Sanchez: Make a motion. Mr. Fernandez: -- issue that might arise with them. You know, it's very difficult to talk about this without painting scenarios. Whether that was the original intent of my proposing those amendment -- that amendment, which is to create exempt property or not, is not the issue being debated here. All you're looking at is directing the City Attorney and the City Manager to indefinitely postpone the bringing of the second reading of that ordinance. Vice Chairman Sanchez: There's a motion made by Commissioner Spence -Jones. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. Any discussion on the item? Hearing -- Commissioner Regalado: Well -- Vice Chairman Sanchez: -- none, all in -- Commissioner Regalado: -- yeah, just -- Vice Chairman Sanchez: Discussion. Commissioner Regalado: -- put the other ordinance in the same place that they place the files of Commissioner Sarnoff so nobody will find it. Vice Chairman Sanchez: All right. Any further discussion on the item? Commissioner Spence -Jones: Not on that particular item. I just want to move on to the second one. Vice Chairman Sanchez: No further discussion on the item. Commissioner Spence -Jones: No discussion. Commissioner Regalado: And -- Commissioner Spence -Jones: Just want to tell you -- I do want to tell you "thank you," though, for your input on it. Commissioner Regalado: Mr. -- City ofMiami Page 168 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 NA.5 07-00067 Vice Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Regalado: Mr. Chairman, ifI may just -- Vice Chairman Sanchez: Passes. Commissioner Regalado: -- inform Commissioner Spence -Jones. "[Later...]" Commissioner Spence -Jones: And also, Commissioner Sarnoff I do appreciate your input and support with frying to find other viable solutions, and we will continue to look at, you know, the - - what other cities are doing across the country to begin to find a way to address it. Commissioner Sarnoff Well, I'd like to commend you, too, at removing the reading for the second anti -assembly ordinance. I think that was a great move on your part. Thank you. Commissioner Spence -Jones: Thank you. Commissioner Sarnoff On behalf of Disfrict 2, thank you. DISCUSSION ITEM DISCUSSION CONCERNING THE MIAMI-DADE COUNTY HOMELESS TRUST EXECUTIVE DIRECTOR, DAVID RAYMOND, MEETING WITH COMMISSIONER MICHELLE SPENCE-JONES. DISCUSSED Commissioner Regalado: Tomorrow there is a meeting of the Homeless Trust -- Commissioner Spence -Jones: Yes, sir. Commissioner Regalado: -- and the second item in the agenda is the efforts of the Homeless Trust in shantytown. I -- tomorrow I will ask the executive director of the Homeless Trust of Miami -Dade County to please meet with you so you can address directly some of the concerns, and -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- the Homeless Trust is very, very interested in helping these residents. As you know, they have place already tent -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- but I think that you should have -- they should have your input, so tomorrow that would be my request to David Raymond -- Commissioner Spence -Jones: OK. Commissioner Regalado: -- the executive director ofMiami-Dade County Homeless Trust. City ofMiami Page 169 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Thank you, Commissioner Regalado. NA.6 07-00068 DISCUSSION ITEM DISCUSSION REGARDING THE REHABBING OF VACANT AND ABANDONED BUILDINGS. MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager to look at rehabbing two particular buildings for housing homeless individuals, with funds not to exceed $150, 000, and to draft a management agreement with Better Way; further directing the City Manager to bring said item back for ratification at the Commission meeting currently scheduled for January 25, 2007. Vice Chairman Sanchez: All right. You have one more item. Commissioner Spence -Jones: Yes. This is the last -- Vice Chairman Sanchez: You're recognized for that item. Commissioner Spence -Jones: -- one, Mr. Chairman, and then we can go to lunch, I guess -- well, almost go to lunch. Vice Chairman Sanchez: No, no, no. We're going to fry to get -- Commissioner Spence -Jones: It's a joke, it's a joke, it's a joke. Vice Chairman Sanchez: -- moving on -- Commissioner Spence -Jones: I won't be long. Vice Chairman Sanchez: -- this agenda. Commissioner Spence -Jones: The second has to do with -- one of the things that we talked when we did our tour, Commissioner Regalado, about two and a half weeks ago, was I wanted to identify the abandoned, vacant buildings that we have within my district, and I have a few of them that are City -owned properties that I really wanted to at least make them become available, not only to the residents of special needs, you know, from the shantytown perspective, like women with children living out there, we can't have that; pregnant women and elderly folks. Making some of those units -- I think I might have about 14 or so units that could be made available, rehabbed, and ready to go. My only thing that I would like to have happen as a part of that is to make sure that we also consider those folks that have been on waiting lists for a very long time through the Liberty City Trust that have been asking for housing, that they not be overlooked because I do not want to send a message to my public that have gone through all the necessary steps to, you know, get housing that they can't get it because this situation overrides them, so I would like to ask you, Mr. City Manager, ifI can direct you to look at -- there's two particular properties that I know that we'd like to utilize to quickly rehab some of these buildings for transition for housing and for homeless individuals that have special needs, so I know that we've identified the locations already, and if it's possible for us to maybe do a management agreement, I think the organization we're looking at is Better Way. My concern is that I want to get started on it immediately, and I don't want to have to wait until the next Commission meeting in January. City ofMiami Page 170 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Pedro G. Hernandez (City Manager): Well, the -- Vice Chairman Sanchez: All right. That's in the form of a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Mr. City Manager, you're recognized, for the record. Mr. Hernandez: Thank you, Mr. Chairman. The Community Development Department is currently reviewing the two buildings in question to be sure that all the paperwork and the proper transfer was already done from the Trust to the City, and once we have all that information, I think that we can have an item to have that management agreement approved, and we can have it in the next Commission meeting. Commissioner Spence -Jones: OK, so this is my question -- Mr. Hernandez: But that will be -- Commissioner Spence -Jones: -- and I just wanted to ask -- Mr. Hernandez: -- the goal right now. Commissioner Spence -Jones: OK. My colleagues, Commissioner Sarnoff and Commissioner Regalado, my issue and concern at this point is that we were able to gather the local community, the churches, and neighborhood associations to unite with us on this effort, and Elaine Black is here from the Liberty City Trust that's working on pulling this together. I really wanted to make sure that before -- OK, I understand that the City Manager is going to work to put together the agreement for the management part of it, but the issue, though, was making sure that, through Community Development, we had the resources to rehab the building. Mr. Hernandez: And they're in the process of completing that review, and I think that we'll do everything within our power to be able to have something for the next Commission meeting where this can be approved by the City Commission. Commissioner Spence -Jones: OK. Did you have a comment, Elaine? Vice Chairman Sanchez: Ma'am, you're recognized. Elaine Black: Elaine -- Vice Chairman Sanchez: State your name and address for the record. Ms. Black: -- Black, president/CEO (Chief Executive Officer) of the Liberty City Trust, located at 4800 Northwest 12th Avenue. The Commissioner, as well as members of the community, we've gone out, spoken with people at shantytown, as well as people who are on our list, and we feel that the fastest way for us to move to provide housing to people within our community is to begin rehabbing these properties. We've had inspectors to go out to one. So far, the others are being slated for inspection. They are not in bad condition. They are in good condition, and it's a fact that they're stable buildings, they're a good location, and they could provide housing for people immediately, and we would like to work with the social service groups that we've identified. We've identified contractors who are willing to work with us and also contribute some of their time, but of course, we're going to have to have some money to do this, but it would provide a much needed service to residents within our community and show that we're taking action to make a difference. Thank you so very much for your support. City ofMiami Page 171 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: So -- Vice Chairman Sanchez: Thank you. Commissioner Spence -Jones: -- Mr. Chairman, the only thing that I was asking, if there's any way possible -- both my colleagues on the other end of the dais, Regalado and Sarnoff what I'd like to be able to do is, if there's any way possible, even though I know that Barbara -- Ms. Rodriguez and yourself are looking at possible funds, I don't want to wait a long time, so I wanted to find out from you if there's any way that you can come back to the Commission in January, at the next Commission meeting -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- let us know what that amount is, but can we at least maybe, perhaps put a cap on it so that at least now -- so that at least we have a sense of-- you know, that, you know, we're moving in the direction of getting it done so that people see that we're really committed to making that happen. I don't want it to be another a hundred twenty days before we're actually able to do that. Mr. Hernandez: Well have all the information ready for the 25th, and I understand, from discussing this with Community Development, that funding can also be made available to support the rehabbing of the two buildings. Commissioner Spence -Jones: Does my -- do any of my Commissioners have a issue with us addressing that now so that at least we have a cap on it somehow, and then bring it back for the next Commission meeting in January? Vice Chairman Sanchez: I don't have a problem with it. Commissioner Sarnoff Is that -- that's going to be a reading? Is it a second --? Commissioner Spence -Jones: It's a rehab. Currently, there's four units -- the two -bedroom apartments right now. I have women with children right now that are living out there in boxes in this cold weather, and my question becomes, you know, I don't want to have to wait till January 25 to come back and say this is what we need. I mean, I'm asking if we can do -- if we can, today, at least address the issue of rehabbing the buildings, giving the City Manager a cap -- like we've done in the past -- giving him a cap to only bring back before we approve the actual funding amount, after he's identified a location to -- where he's going to get the funds to make it happen. Commissioner Regalado: This was -- I guess that this is the same idea that we did -- Commissioner Sarnoff At the CRA (Community Redevelopment Agency). Commissioner Regalado: -- in the CRA -- Commissioner Spence -Jones: Yes. Commissioner Regalado: -- giving the executive director in the last meeting, the three -- Commissioner Spence -Jones: Yes. Commissioner Regalado: -- of us that were there, the authority to start -- City ofMiami Page 172 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- the rehab -- Commissioner Spence -Jones: Yes. Commissioner Regalado: -- of those -- that building, the building we visited in Overtown for transitional housing -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- but this is for -- Commissioner Spence -Jones: More permanent housing. Commissioner Regalado: -- more permanent houses. I don't -- Commissioner Spence -Jones: It's four units that could be -- Commissioner Regalado: -- have a -- and you know, I don't have a problem, and I think it's the right thing to do because until and unless the residents of shantytown, and for that matter, everyone that is in need of housing sees that there is something moving, that there is something being done for them to move, they're going to remain there, and they're going to be thinking that there would be sort of a permanent place, unless we move and show these residents that the City -- by the way, the City is doing this because we have responsibility to the residents, not because we created this mess. I mean, that mess wasn't ours, but if those residents see that, you know, we are rehabbing -- in fact, if we can just start whatever site and then take it -- take one of those -- the Park Department buses and go there and said, look, please come with us. We want you -- to show you what we are trying to do and show them the place, and you know, I think it will bring hope to this group of people, and -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- it's the same thing we did in the CRA. Commissioner Spence -Jones: And that's all I'm asking, just ifMr. -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- City Manager, if we could just have it at a cap, like we did at the CRA, and I'm saying we're going to bring it back for the next meeting, butt would like to at least move in the direction so that folks from the community know that we're serious about frying to do our part, from a City perspective, because, at this point, it is affecting my district, and again, I would want to see, even those people that we're looking at identifying, for them to put some sweat equity in this too. You can't get anything for free, so we want them to also participate in helping us rehab those buildings in order for them to move in those units, but the reality is that, you know, everyone's going to stop until January 25, and I just can't afford to have -- that's the only reason why I would be bringing this item up now. Mr. Hernandez: Commissioner, I'll do all I can between now -- I mean, until the 25th. If we could get it done before -- anything that we can do, we'll do, and then we'll bring back a ratification item to the Commission -- Commissioner Spence -Jones: I guess -- City ofMiami Page 173 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Hernandez: -- on the 25th. Commissioner Spence -Jones: -- that's what -- Mr. Hernandez: That will be ideal. Commissioner Spence -Jones: -- and I'm asking my Commissioners, can we cap it at a number? And I don't have a problem with that. Vice Chairman Sanchez: You don't know what that number is. Is it half a million? Is it 200,000? Commissioner Spence -Jones: No, no. No, no, no -- Vice Chairman Sanchez: Is it 50,000? Commissioner Spence -Jones: -- no, no, no. Vice Chairman Sanchez: Is it $25? Commissioner Spence -Jones: No. These -- this particular unit is a City -owned building that actually is -- what -- yeah, it's a City -owned building. It's four units, and it's basically a clean -- it's not going to take -- require a lot. Vice Chairman Sanchez: All right. You've already got the motion and the second. You're going to have the votes directing the City Manager to go out there and have the -- our City staff look at the property and come back. I feel uncomfortable putting a number. We might be -- Commissioner Spence -Jones: A hundred grand. Vice Chairman Sanchez: -- underfunding it, or we might -- so I don't feel comfortable putting a number on it. Maybe you underfund it or you give more money. Let them come back. They already have the directive to get it done. When they come back, they'll come back and say, it's going to take `X" amount of dollars. OK, we'll cap it at -- not to exceed a number, butl think it's too premature to give a number. Commissioner Spence -Jones: OK. Actually, I think we've already had the inspectors come out to look at the site. Mr. Hernandez: Right. At least -- Commissioner Spence -Jones: We already have a sense of -- Mr. Hernandez: -- one of the buildings was inspected -- Commissioner Spence -Jones: Yeah. I'm talking about the four units. I'm not talking about the seven units. Mr. Hernandez: -- and -- Commissioner Spence -Jones: I'm talking about the four units that we've already sent someone out -- Mr. Hernandez: -- we're trying to develop a cost estimate for the repairs. I would -- without having much certainty, I could offer a number of $150, 000 -- City ofMiami Page 174 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: OK -- Mr. Hernandez: -- as a -- Commissioner Spence -Jones: -- and then we cap it. Mr. Hernandez: -- not -to -exceed -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and then I will bring the item back to the City Commission on the 25th for ratification. Commissioner Spence -Jones: And that's all I'm asking. Vice Chairman Sanchez: All right, so -- Commissioner Spence -Jones: We don't have to spend it, but at least we move in the direction -- Vice Chairman Sanchez: -- the maker of the -- Commissioner Spence -Jones: -- of getting -- Vice Chairman Sanchez: -- motion -- to the motion wants to put a cap, not to exceed a hundred and fifty thousand dollars, based on the recommendation, for the record, made by the City Manager. We need -- whoever second it -- I think it was Commissioner Regalado. Do you accept the amendment to place a hundred and fifty thousand dollar cap on this motion? Commissioner Regalado: Yes, sir. Vice Chairman Sanchez: All right. Any further discussion on the item? If not, 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 move on. Commissioner Spence -Jones: Thank you very much. Vice Chairman Sanchez: You're welcome. NA.7 07-00073 DISCUSSION ITEM DISCUSSION CONCERNING A MEMBER OF THE CODE ENFORCEMENT BOARD. DISCUSSED Direction by Commissioner Regalado instructing the City Clerk to bring the appointment of a member to the Code Enforcement Board for consideration, due to the resignation by former member Mike Suarez, to the next available Commission meeting currently scheduled for February 8, 2007. Commissioner Regalado: However, I would like to address something regarding some technical issue on the Code Enforcement, because we don't have the Code Enforcement Board today City ofMiami Page 175 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 showing that we need an appointment, but we are going to need an appointment because, according to the Code, there is a member of the Code Enforcement that was appointed on 205 [sic], Mr. Mike Suarez, who automatically, has to resign because he has opted to file for a political office, so the Code is very specific on that, so I'm instructing the City Clerk to bring the appointment, since it was an appointment thatl made back on 205 [sic], and now Mr. Suarez is off the board automatically, so we need to know -- Pamela E. Burns (Assistant City Clerk): Commissioner Regalado, that's already scheduled for February 8. Commissioner Regalado: OK, but you're aware that he has to be notified that he's automatically out of the -- Ms. Burns: We'll review that and take care of that for you. Commissioner Regalado: OK. NA.8 07-00078 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Wilfrid Pierre Commissioner Marc Sarnoff Yvonne McDonald Commissioner Marc Sarnoff Motion by Commissioner Sarnoff, 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-07-0047 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Wilfrid Pierre and Yvonne McDonald as members of the Equal Opportunity Advisory Board. Commissioner Sarnoff Mr. Chairman, I have a couple of more appointments, if that would be all right with the Chair? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff The Equal Opportunity Advisory Board -- Chairman Gonzalez: OK. Commissioner Sarnoff -- I'd like to tender Wilfred Pierre and Yvonne McDonald. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. City ofMiami Page 176 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Also -- Chairman Gonzalez: Motion carries. NA.9 07-00080 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Francis Suarez Commissioner Sarnoff Monty Trainer Commissioner Sarnoff Motion by Commissioner Sarnoff, 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-07-0050 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Francis Suarez and Monty Trainer as members of the Orange Bowl Advisory Board. Commissioner Sarnoff Also, sir, the Orange Bowl Advisory Board, I'd like to offer Francis Suarez and Monty Trainer. 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. NA.10 07-00082 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 177 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Jose Solares Commissioner Sarnoff Gary Reshefsky Commissioner Sarnoff Motion by Commissioner Sarnoff, 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-07-0051 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Jose Solares and Gary Reshefsky as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Sarnoff Also, sir, I have for the Homeland Defense -- Neighborhood Defense Improvement Bond Oversight Board, I'd like to offer for your consideration Jose Solares and Gary Reshefsky. 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. Chairman Gonzalez: Those opposed have the same right. That concludes the boards appointments. NA.11 07-00074 DISCUSSION ITEM DISCUSSION CONCERNING THE CREATION OF THE COMMUNITY DEVELOPMENT ENTITY. MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Vice Chairman Sanchez absent, directing the City Manager to take the necessary steps to create a Community Development Entity. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, directing the City Attorney to hire outside counsel to assist in the steps necessary to create the Community Development Entity. Pedro G. Hernandez (City Manager): Mr. Chairman. Chairman Gonzalez: Yes, Mr. Manager, go ahead. Mr. Hernandez: That I do have an item that I would like to -- Chairman Gonzalez: I was going to bring it up. City ofMiami Page 178 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Mr. Hernandez: -- have you entertain. Chairman Gonzalez: The pocket item? Mr. Hernandez: Yes. Chairman Gonzalez: I was just going to bring it up, but go ahead. Go ahead. Mr. Hernandez: Mr. Chairman, Commissioners, I have recently become aware of a federal financial program that can bring investments into private projects in low-income communities to be able to do housing, mixed -use, retail, commercial, community facilities. The name of the program is the New Market Tax Credit Application, and the reason that we have it before you as an emergency is because it's very timely. I believe the deadline for the application for the next available round of funding is tomorrow, so, you know, we hope that you can support it and allow the Manager to proceed with the application process and the necessary steps to create a community development entity that is needed in order to apply for this funding. Mr. Spring can provide more detail, as well as Lisa Mazique, and I believe that we also need to get your authorization to have outside counsel to assist us. Chairman Gonzalez: I believe -- I know that you brief me on this item -- Larry Spring (Chief Strategic Planning, Budgeting & Performance): Correct. Chairman Gonzalez: You brief every Commissioner? Mr. Spring: I've given the -- this document that you have before you to their chiefs of staffs [sic]. Some -- a couple I've talked to directly, but not all. Very quickly, though, if you have the memo in front of you, this is a program that was created back in December of 2000, and essentially, what it does allow is private investment to be funneled down to these low-income communities, by census track definition, to receive the benefit of this private injection. The CDE (Community Development Entity) is the entity that allows for that pass -through, and essentially, the City, through the CDE, would be able to funnel millions of dollars to projects for affordable housing, retail, a number of economic development activities that would benefit the City's overall economic development mission. Again, right now we apologize for the fact that it is a pocket, but we do have that deadline, which is tomorrow, to have the CDE created, and we just need the Board's approval to move forward -- Chairman Gonzalez: I think -- Mr. Spring: -- and the -- Chairman Gonzalez: -- that's going to be a great thing. Mr. Spring: Right. Chairman Gonzalez: Yes, sir. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners, again, I've just become, very recently, also involved and aware of the direction that the City Administration would like to get the Commission to approve. In order to be able to facilitate that for them, the level of legal counsel that they need, we're not able to provide at this time, so I also need for you, either as part of the same motion or as a separate motion, authorize me to retain the services of a law firm that is poised to be able to move with due haste so that we can achieve the best position possible. I cannot predict to you the amount of money that it may take to meet that obligation, butt hope it would be less than $50,000, so -- but will keep you apprise of the City ofMiami Page 179 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 expenses as they come, but that would be an amount not to exceed. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: By all means, of course, I'm sure most of the -- this CDE will definitely benefit my district. My only concern in the matter is I did get it on the way coming back from lunch, so I was not properly briefed about it, period. As soon as I sat in my chair, that's when I saw it, and then my question became, if it's due tomorrow -- because you say you have to apply for it tomorrow, correct? OK, and the City Attorney has -- Mr. Spring: No. It's not the application for the funds. The deadline to have a CDE created is tomorrow. Commissioner Spence -Jones: OK. Mr. Spring: The legal creation. Commissioner Spence -Jones: So the legal creation of that, is that something that we're going to do in-house, with the City attorneys to do that, and then hire a outside firm to do the other part of it? Because I don't see how you're going to be able to do both between -- Mr. Fernandez: Well, I have already -- Commissioner Spence -Jones: -- from today to -- Mr. Fernandez: -- undertaken the process of looking at law firms that are poised to do this, and forthwith, this afternoon, given your authorization, we can contact the firm that I believe is ideally suited to do that, and whatever assistance we may need in perfecting the application that we need to submit by tomorrow, which is not the final package, that the firm would also make sure that it's appropriately done. Commissioner Spence -Jones: And why, Larry, did -- are we just getting it today? Mr. Spring: Actually, we -- Commissioner Spence -Jones: Let's see, 2000 -- since 2000 we've been kind of somewhat looking at this thing. Mr. Spring: Well, our awareness of it hasn't -- I don't want to say it began in 2000. Commissioner Spence -Jones: OK. Mr. Spring: We basically started working on this process about three weeks ago. Commissioner Spence -Jones: OK. Mr. Spring: We thought, at the time, that we could probably proceed past this point without having to come before Commission, because there are several things that will need to be brought before Commission to be dealt with. Upon counsel with the City Attorney, we, in fact, were informed that we needed to come before Commission for this step, and that's why, again, we apologize for the delay. Commissioner Spence -Jones: Thank you, Mister. Mr. Fernandez: You -- we need Commission authorization to be able to represent that this is an City ofMiami Page 180 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 official position that the City wants to take. We want to avail ourselves of this opportunity, and that requires official ratification by you. The technical assistance is what we need with regard to you authorizing me to retain a law firm to make sure we do it right and we stand the best chance. Chairman Gonzalez: All right, so the first motion should be to -- Mr. Hernandez: Basically -- Chairman Gonzalez: -- to approve the -- Mr. Hernandez: -- to approve -- to authorize the Manager to take -- Chairman Gonzalez: -- application, right? Mr. Hernandez: -- the necessary steps to create a community development entity and -- right? Chairman Gonzalez: All right. Do we have a -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- motion on that? All right, we have a motion. Commissioner Sarnoff Second. Chairman Gonzalez: Is there a second? And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Now the second motion is to authorize the City Attorney to hire outside counsel to assist on the creation of -- Mr. Fernandez: Correct. Chairman Gonzalez: -- this entity -- Mr. Fernandez: Entity -- Chairman Gonzalez: -- and the -- Mr. Fernandez: -- and other steps that are necessary. Chairman Gonzalez: -- right, and other steps that are necessary. Commissioner Regalado: Move it. Chairman Gonzalez: We need a motion. Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Spence -Jones: You are going to have a second, butt see Commissioner Sarnoff smiling over there. I'm assuming he's smiling because it's not going to be $4,500, Commissioner Sarnoff; it's going to be a little bit more than that. City ofMiami Page 181 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 NA.12 07-00079 Commissioner Sarnoff It's just Commissioner Regalado can be very funny sometimes. Chairman Gonzalez: All right, so we have a motion, and is there a second? 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. Mr. Spring: Thank you, and we will bring a -- Chairman Gonzalez: You -- Mr. Spring: -- full report back -- Commissioner Spence -Jones: Thank you -- Chairman Gonzalez: -- you're very, very welcome. Mr. Spring: -- individually. Commissioner Spence -Jones: -- Mr. Spring. Mr. Spring: All right. DISCUSSION ITEM BRIEF DISCUSSION CONCERNING THE MARTIN LUTHER KING PARADE. DISCUSSED Chairman Gonzalez: Do we have any pocket items? Commissioner Spence -Jones: I think we had -- Mr. Chairman, I think we have a pocket item regarding the Martin Luther King Parade, but I think we've already handled it. Commissioner Regalado, you did support -- Commissioner Regalado: No. It was done through the Administration -- Commissioner Spence -Jones: OK, so it's done. Chairman Gonzalez: All right, so -- Commissioner Regalado: -- so it's -- Commissioner Spence -Jones: I appreciate your support on that, too -- Commissioner Regalado: -- done. Commissioner Spence -Jones: -- and -- Commissioner Regalado: It's done. City ofMiami Page 182 Printed on 2/1/2007 City Commission Meeting Minutes January 11, 2007 Commissioner Spence -Jones: -- did --? Commissioner Sarnoff, you supported it also, right? We appreciate it. Chairman Gonzalez: All right, so that concludes the meeting -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- for today, I guess. Meeting adjourn. Pedro G. Hernandez (City Manager): Thank you, and good evening. Mr. Fernandez: Thank you. Chairman Gonzalez: Thank you once again. City ofMiami Page 183 Printed on 2/1/2007