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Home My WebLink AboutCC 2009-09-04 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Friday, September 4, 2009 10:00 AM SPECIAL MEETING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Vacant, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 4, 2009 10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Order of the Day Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez and Vice Chair Spence -Jones Vacant: Commissioner District 4 On the 4th day of September 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order by Chair Sanchez at 10: 21 a.m. and adjourned at 10: 29 a.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 10: 22 a.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk Chair Sanchez: We'll go ahead and start with the invocation, followed by the pledge of allegiance. I'll go ahead and ask the City Clerk to do the invocation, andl will do the pledge of allegiance. Madam Clerk, you're recognized. Invocation and pledge of allegiance delivered. Chair Sanchez: Good morning, ladies and gentlemen. As I stated earlier today for -- we have two meetings today that have been properly advertised; they're both separately. We're going to go ahead and start with one and then we'll adjourn. The order of the day are the items thatl stated before. We're going to take the opportunity now to welcome each and every one of you to September 4 meeting, which is a special City ofMiami Commission meeting of the City ofMiami Commission in these historic chambers. The members of the City ofMiami Commission are Vice Chair Spence -Jones, Angel Gonzalez, Commissioner David Marc [sic] Sarnoff, myself Commissioner Regalado will be reappointed in a few minutes. Also with us will be Commissioner -- our City Manager, Pete Hernandez -- Is he here? I thought he stepped away for a minute. Is he back? Okay. -- our City Attorney, Julie O. Bru, and our City Clerk, Priscilla Thompson, which is here. At this time, the meeting has been called to order. It has been properly advertised. We'll go ahead and take up the two items, which are SP.1, which is the appointing of Commissioner Regalado, followed by SP. 2, which is a general municipal elections [sic] for November 3, 209 [sic]. With us present is Vice Chair Spence -Jones. "[Later...]" Chair Sanchez: All right. As I stated before, we will begin the special meeting. The City Attorney will state the procedures to be followed in these meetings. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Good morning, members of the Commission, Madam Clerk, members of the public. Andl will read these procedures that will apply to both meetings, both special meetings that are being held here today. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for the item on the agenda is available -- for each item that's on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter that's appealable considered at this meeting may need a verbatim record of the item. No cell phones or other noisemaking City ofMiami Page 2 Printed on 9/9/2009 City Commission Meeting Minutes September 4, 2009 devices are permitted in the Commission chambers. Please silence the devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings, and any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. SP.1 09-00929 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING TOMAS REGALADO, SUBJECT TO MEETING THE QUALIFICATIONS OF THE OFFICE, AS THE DISTRICT 4 COMMISSIONER FOR THE CITY OF MIAMI, TO FILL THE VACANCY CREATED BY THE RESIGNATION EFFECTIVE SEPTEMBER 4, 2009, TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 3, 2009. 09-00929 Legislation.pdf 09-00929 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Vacant: 1 - Commissioner District 4 R-09-0390 Chair Sanchez: All right. As I stated, this special meeting of the City ofMiami Commission has been called to consider the appointment of Tomas Regalado as the District 4 Commissioner to fill the vacancy created by the resignation, effective -- that took place effectively September 4, 209 [sic], and for the general election of November 3, 209 [sic] for the purpose of electing the District 4 Commissioner. So, as I stated, we'll go ahead and take up these four items, and then we'll adjourn the meeting and go straight into Miami 21. So we need a motion on SP.1. Commissioner Sarnoff. So moved. Chair Sanchez: Is there a motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: The motion has been proffered by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Marc Sarnoff. Any discussion on SP.1? Hearing no discussion on SP.1, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And the Commissioner has been reappointed to District 4. SP.2 09-00930 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2009, FOR THE PURPOSE OF ELECTING THE DISTRICT 4 COMMISSIONER; FURTHER PROVIDING FOR A RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 17, 2009; PROVIDING FOR THE City ofMiami Page 3 Printed on 9/9/2009 City Commission Meeting Minutes September 4, 2009 REGISTRATION OF PERSONS QUALIFIED TO VOTE IN THE ELECTION; DESCRIBING PERSONS QUALIFIED TO VOTE IN THE ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED AND FOR USE IN GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. 09-00930 Legislation.pdf 09-00930 Exhibit.pdf 09-00930 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Vacant: 1 - Commissioner District 4 R-09-0391 Chair Sanchez: We also need to make a motion and a second on SP.2, which is the general municipal election -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- for November 3, 209 [sic]. The motion has been proffered -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the Vice Chair, second by Commissioner Gonzalez. Before we vote on it, Madam Attorney, could you read the resolution into the record? The Resolution was read by title into the public record by the City Attorney. Chair Sanchez: All right. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of both items that were properly advertised and voted on. Therefore, we need a motion to adjourn that special meeting. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Moved. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair Spence -Jones. All in favor, say "aye." City ofMiami Page 4 Printed on 9/9/2009 City Commission Meeting Minutes September 4, 2009 Non Agenda Items NA.1 09-01006 Adjournment The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We move on to the next -- DISCUSSION ITEM DISCUSSION CONCERNING THE UNTIMELY DEATH OF CITY OF MIAMI DEPARTMENT OF SOLID WASTE EMPLOYEE HERIBERTO MORALES. DISCUSSED Chair Sanchez: At this time, as all of you have probably heard in the news, we did have a City employee who was involved in a fatal accident, and he has passed away. Heriberto Morales has passed away. He has worked for the City for many, many years. And we want to take this opportunity to have a moment of silence for Mr. Morales and his family. If you would please join me in a moment of silence for Mr. Morales. Thank you. May he rest in peace. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Vacant: 1 - Commissioner District 4 City ofMiami Page 5 Printed on 9/9/2009