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HomeMy WebLinkAboutCC 2004-09-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Tuesday, September 28, 2004 5:05 PM SECOND BUDGET HEARING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes September 28, 2004 5:05 P.M. CONTENTS BH - SECOND BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR 2004-2005 TENTATIVE BUDGET BEGINNING AT 5:05 P.M. ITEMS BH.1 THROUGH BH.13 INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Chairman Sanchez and Commissioner Regalado Absent: Commissioner Winton MAYORAL VETOES On the 28th day of September, 2004, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The Special Meeting on the FY 2005 Budget was called to order at 5:10 p.m. by Chairman Joe Sanchez, with Commissioner Winton absent, and adjourned at 6:37 p.m. A Special Meeting on emergency Hurricane relief for Haiti was convened at 6: 37 p.m. and adjourned at 6: 49 p.m. A Special Meeting to discuss filling the vacancy of Commissioner in District 5 was convened at 7: 09 p.m. and adjourned at 8: 28 p. m. ALSO PRESENT: Joe Arriola, City Manager Jorge Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: (INAUDIBLE) we have a second budget hearing today here at City of Miami City Hall, 3500 Pan American Drive. Before we start, let me just read -- something that I must read into the record. Any person who acts as a lobbyist, pursuant to the City of Miami Ordinance 11469 must register with the City Clerk before they come in front of this Commission. Any person making slanderous remarks or who become belligerent or outbursts while addressing this Commission should be barred from further audience before the Commission. We just want to make sure of that. There are no placards and also no clapping, no booing from the Commission. We want to have this as much order as possible so we can conduct a very professional meeting. Also, any person who wishes to -- who seeks to address the City Commission on any of the items appearing in the following portion of the agenda, please step forward and put your name on the list to speak with the City Clerk. In other words, register with the City Clerk. At this time, if you could rise and join me and bow your heads in a prayer before we start the meeting. Prayer and pledge of allegiance. Chairman Sanchez: The order of the day today is very simple. At 5:05 we will have our second hearing of the budget. Then we do have one item that is just a fast item as to approving legislation to provide assistance to the victims of the hurricane in Haiti, and then after that, we will be having a special meeting on the appointment and process for the vacancy of District 5 that will start immediately following those two items that are on the agenda. NO MAYORAL VETOES Chairman Sanchez: Also, as a format, we do have -- there will -- we do have a letter from the Mayor. There are no veto legislation or there's no veto action taken on his part. City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 SECOND BUDGET PUBLIC HEARING 5:05 P.M. BH.1 04-01063 DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2004-2005 THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 8.7625 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 IS 15.87% HIGHER THAN ROLLED -BACK RATE OF 7.5624. SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: TO ELIMINATE THE ANNUAL STRUCTURAL DEFICIT MATCHING RECURRING ANNUAL EXPENSES WITH RECURRING ANNUAL REVENUES. PURPOSE: TO FUND ANNUAL MUNICIPAL SERVICES INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AND SOLID WASTE. COST $26,964,420 1 00% CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE RATE. ACTIONS BY THE CITY COMMISSION: 1.AMEND THE ADOPTED TENTATIVE BUDGET, IF NECESSARY 2.RECOMPUTE THE FINAL MILLAGE RATE, IF NECESSARY 3.ADOPT THE FINAL MILLAGE RATE 4.ADOPT THE FINAL BUDGET OR THE AMENDED FINAL BUDGET AS NECESSARY 04-01063-cover page.pdf 04-01063 - presentation.pdf 04-01063 - reschedule hearing.pdf 04-01063 - Pardo letter.pdf 04-01063 - budget estimating conf recommendation.pdf 04-01063 - addendum.pdf FY 2005 Preliminary Budget Book.pdf DISCUSSED Chairman Sanchez: So at this time, we'll go ahead and start with the second budget hearing, and please, I remind you that we need silence. It's a very important issue for the City. As you know, under state law and under our Charter, we must approve a balanced budget to keep the city moving forward, so I'm glad that you're here; that way you will be educated and you will be informed as to the process that exist here in the City as we prepare and deliberate and debate to City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 finalize a vote for the City -- a budget for the City of Miami, so at this time, we'll turn it over to the Director. Sir, you're recognized. Larry Spring: Thank you, Commissioner. Larry Spring, Chief of Strategic Planning, Budgeting & Performance. Before 1 get started with my actual presentation, there is the official statement that I need to read on the record. I wanted you guys to know that there is a floor amendment relative to the packet that was issued, via the -- Chairman Sanchez: Mr. Director, has those packages been passed out to all the Commissioners and the City Clerk? Mr. Spring: Those packages should have already been passed out to the -- to everyone. It has the presentation. It has the new millage statement, the millage adoption, and the new appropriations ordinance in it, as well. That being said, this is the final public hearing to discuss the proposed millage rate and tentative budget for fiscal year 2004/2005. The proposed general operating millage rate of 8.71625 for the City of Miami for the fiscal year beginning October 1, 2004 and ending September 30, 2005 is 15.26 percent higher than the roll back rate of 7.5624. Specific purpose for which ad valorem tax revenues are being increased to: Eliminate the annual structural deficit and matching the recurring annual expenses, with recurring annual revenues. Purpose: To fund annual municipal services, including but not limited to, Police, Fire and Solid Waste. The cost: $25, 926, 376. Chairman Sanchez: All right. Mr. Attorney, I believe you have to read that into the record. Jorge L. Fernandez (City Attorney): No. At this time, you would take citizens' comments regarding the proposed millage rate. Chairman Sanchez: OK. Mr. Spring: You want me to do the presentation first? Mr. Fernandez: I'm sorry? Chairman Sanchez: 1 believe he does -- Mr. Spring: Do you want me to do the presentation first? Chairman Sanchez: -- the presentation first. Mr. Fernandez: Yeah, make the presentation. Mr. Spring: Commissioners, I'm pleased to be before you again presenting the final proposed budget for fiscal year 2005. Over the last few weeks, we've been able to capitalize on the feedback from this body, and the comments and recommendations from the Budget Estimating Conference, which resulted in the final proposed budget -- proposal -- the final budget proposal before you today. There were two significant changes from the tentatively approved budget and the budget proposal before you today. The first, we were able to reduce the total proposed millage being recommended for approval, which is the 8.71625, and we were able to reduce the amount of reserves being used to achieve the balanced budget. As a point of clarification regarding the tax millage ad that was issued in the paper, there were some confusion regarding why it was listed as a property tax levy increase. Trim compliance designates property tax increase based on us assessing a rate higher than the roll back rate, and as you know, we are assessing more than the roll back rate, so I just wanted to put that on the record to clam with the public when they saw the two things, but we are, indeed, lowering the millage rate. The assessed -- City of Miami Page -t Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: And -- Mr. Spring: -- the millage rate. Chairman Sanchez: And if 1 may interrupt you for a minute, 1 believe that's slightly less than two -tenths of a mill, correct? Mr. Spring: Total, our total proposed millage, correct. Chairman Sanchez: Ballpark figure, what does that estimation figure puts us at, around 3.5, 3.7 million? Mr. Spring: Yeah, total, between operating and debt service. Commissioner Regalado: Just for the record -- because when you read the paper and the notice that we are, by law, forced to publish, you see the word "raise. " "The City of Miami is raising property taxes," and what you're saying is that indeed we're lowering property tax. Mr. Spring: We are, indeed, lowering our millage rate. The designation of an increase on that notice, by trim compliance, is based on the roll back rate and not based on last year's millage rate versus this year's millage rate. We are indeed assessing a millage rate higher than the roll back rate, which was the 7.5624 that I read in the record earlier, but we are reducing our tax millage. In fact, if you look at the graphic that I have in front of you right now, you'll see -- if we take a property that was assessed 1.5 percent increase in their assessed value and we apply our total millage to that, you clearly see that the taxes from last year would have totaled -- for this particular scenario -- we're using a property worth $250, 000, a homestead exempt property, that is -- they would have been set -- they would have received a tax bill for $2,214.56. Applying an increase of 1.5 percent on the assessed value, leaving the value at $253, 750; the total tax bill for this year will be $2,211.15, and you see it's clearly about a $3 reduction, so that being said, the proposed total millage rate reduction offsets the assessed increase on homestead exempt properties, and the City of Miami homestead exempt taxpayers will pay less taxes this year. Chairman Sanchez: Does that conclude your presentation? Mr. Spring: Not quite. I've got a couple of more points. Facts about ad valorem. Very quickly, based on the tax millage that we just spoke of the 8.71625, and the tax base growth that we've realized over the fiscal year, we expect that our tax -- ad valorem tax revenue to be $178, 300, 000. Again, the roll back rate, 7.15624 mills; percentage, 15.26, and that translates into a gross additional revenue of $25, 000, 000. Total appropriations for 2005 in this final proposed budget is $445, 500, 000. That is approximately $1, 000, 000 less than the tentative budget that was approved at the first budget hearing. That's about 6 percent -- 6.7 percent over the 2004 adopted, and that increase is largely attributable to the significant growth and tax base we've experienced over the last year. Conversely, the expenditures for the upcoming fiscal year have been greatly impacted by increased costs of health care and pension obligations. We did, however, reduce the amount of new positions that were being proposed by 11 in the previous budget and made some other adjustments to our other operating costs to realize an additional $1 ,000,000 in savings. That savings is being -- has allowed the administration to reduce the amount of reserves being used from 40, 000, 000 to 39, 000, 000, and the remaining savings is being passed on to the citizens in the way of a millage reduction, which 1 have talked about before. As required by the Financial Integrity Ordinance, we conducted our Estimating Conference for this year's budget development process. That is the process where we bring in two outside individuals who have public finance experience to review our budget assumptions City of Miami Page 5 Printed on 12/16/2009 City Commission Verbatim Minutes September 28, 2004 and give the Commission, the administration feedback on, if we're on pace, or some recommendations on where we should make some changes. This year our Estimating Conference members included Richard Berkowitz from Berkowitz Dick Pollack & Brant and Maggie Manrara from Miami -Dade College. In addition, it also included myself and the Finance Director, Scott Simpson. Overall, the Committee felt comfortable with the general assumptions used to prepare the budget. However, they identibi some very key areas of concern that the City should focus on as we move forward. The letter was distributed to your offices earlier today, and if you need another copy, 1 believe we have some over here. That being said, the first area of concern -- Chairman Sanchez: But, Larry, before you do that, 1 have some concern with that. I could either do it when we address BH.3 or I could do it now. It's --1'll tell you what, finish your presentation, and that way -- Mr. Spring: And then we'll go -- Chairman Sanchez: -- I won't interrupt you anymore. Mr. Spring: OK. The first area of concern were pensions and the utilization of reserves. The Committee recommended that the City focus significant attention in the area including, but not limited to, how we will continue to fund that liability and the overall plan structures. Regarding the utilization of reserves, they warrant that based on the rate at which reserves are being used, the City could deplete its reserves in a few years and potentially violate our own Financial Integrity Ordinance, particularly the provisions regarding reserve requirement. As you know, the two are loosely tied together, in that we've, to some extent, we've used reserves or tapped into reserves to help us fulfill our obligation on pension. This year, very quickly, as stated in the previous budget hearing, our pension obligation for the upcoming fiscal year, between the two pension trusts, is about $69, 000, 000. This is about a $22, 000, 000 increase over last year, and it also includes the administrative costs, which this Commission, 1 believe, has met with those trusts and we've gone over those costs. Today, I think they'll -- the final one will be presenting their budget for your approval tonight. The other area of concern that the Committee had was the fact that our recurring expenses are growing at a rate greater than our recurring revenues, and recommended that we immediately pursue initiatives to stabilize our expense growth. In my previous budget hearings, one of the points that I also brought out, very quickly, if you see this graphic, total recurring revenues are growing at a rate of 4.89 percent. Again, a lot of this growth is attributable to the tax base increase that we're experiencing. Conversely, our operating expenses -- our recurring expenses have grown at a rate of 7.61 percent over the last year. The graphic here clearly shows that personnel costs amongst operating and capital improvement account for a large portion of that increase. Again, reiterating the point that as we move forward, the administration and this Commission, along with all of our stakeholders, will have to concentrate on this to make some changes in this area. The final area of major concern -- there were a few more in the letter -- was the financial impact of our relationship with the County. The Committee recommended that the City focus more attention on boosting revenues and reducing expenses generated from our relationship with the County, particularly bed tax income, local government payment in lieu of taxes, tax and fee exemptions provided to some public and subsidized housing facilities. They very strongly felt that, you know, some of the nontax entities should bear their fair costs of City services. This graphic -- and we went over this at the last hearing -- local option gas tax, was one of the big examples of just that point. This year, because of the three new municipal incorporations, the City will be experiencing a $1, 000,000 reduction in local option gas tax. That is because -- because of the incorporations, the County was -- had to initiate a reallocation of the local option gas tax and resulted in our reduction. I believe at the last budget hearing, the Commission actually directed the City Attorney to move on taking some action in that regard, so we are moving forward on the recommendations of the Committee. Even with some of these negative impacts and circumstances, we wanted to be clear with the citizens that this -- the Mayor, this Commission, City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 and the administration continue to fulfill the commitments that we made to them. We want to work towards reducing the tax burdens to the citizens, as we have for the last few years. We want to continue to invest in our parks, in our City's infrastructure by way of increasing funding to those areas, again, as we've done in this budget proposal, and continue moving the capital project to completion. We want to continue to invest in technology and develop -- the development of better business processes, as we, the administration, realize that those are critical paths to delivering cost efficient municipal services. The ERP (Emergency Repair Program) project, the CAD (Computer Aided Dispatch) and 301, which this Commission has supported funding over the last few years, are examples of that. We continue to be committed to strategic development of the City, as a whole. Our citywide master plan, Miami 21, is a prime example of that and the time spent here by this Commission dealing with the approvals on Planning and Zoning issues and Major Use Special Permits. Finally, and certainly most important, we want to continue to drive or strategic focus to meet the needs and expectations of our citizens. The new process implementations, the technology enhancements, investments in parks and infrastructure, and the transformation of our City's culture helps us -- will help us reach our overall vision for the City of Miami, and with that, I'll turn it over to -- Chairman Sanchez: OK. Mr. Spring: -- Chair. Chairman Sanchez: That concludes your presentation. It is a public hearing. A budget hearing is a public hearing. All those from the public that wish to address this -- the budget, please step forward, state your name for the record. Have they been sworn? OK. Commissioner Winton: You don't have to be. Chairman Sanchez: All those that will be speaking on behalf of the budget or any other item that's in front of this Commission today, please stand up and raise your right hand and be sworn. Commissioner Winton: They don't have to be sworn. Priscilla A. Thompson (City Clerk): They don't -- I'm sorry. Chair, they don't have to be sworn for this. Chairman Sanchez: Oh, I'm sorry. I'm sorry. Yes. Never mind. Put your hand down. OK, Mariano, it's your turn. Ms. Thompson: I'm sorry. Chair, I'm sorry. Do we have a time limit? Chairman Sanchez: Time limit, two minutes. Ms. Thompson: Thank you. Chairman Sanchez: Sorry, Mariano. Put your hand down. Mariano Cruz: OK. Chairman Sanchez: You don't need to be sworn in. Go ahead It's on the budget. Mr. Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street, in Allapattah, in the City of Miami. I'm going to talk about taxes and services. I don't worry about my taxes, no way; the property taxes (UNINTELLIGIBLE) I pay less in property tax than I pay in garbage fee and fire fee, $386, which I consider outrageous because I cannot deduct that from my itemized -- in the 1030, I cannot (UNINTELLIGIBLE) putting that as a tax. No, it's not a tax. People deserve that, but it's City of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 not a tax; it's a fee (UNINTELLIGIBLE) and that fee, the fire fee especially, that was done to save the city, I think that the City has been saved for many years, long time now, but see, it's not that bad. I just -- that's the main thing that concerns me. Services, I can say good. The NET ( Neighborhood Enhancement Team) is working good. The pole that we got on 20th Street was fixed. That's good. OK, and 1 am glad to say, too, that not all employees are bad Last Tuesday, Antonio and I had to go to the Code Enforcement Office and at 5 to 5, there was -- a lot of inspectors -- people were working there, 5 to 5, which was Maria Tovar was there, Lazaro, Jorge Luis Garcia, Capo, Maggie Gibbons, everybody was (UNINTELLIGIBLE) 5 to 5 because 1 usually go -- try to go at that time to see if they still there, and they were there at the office. The other thing that -- on the budget that concerns me is the problem of Camillus House. How much more money is going the City spend in the Camillus House, to try to bring it to Allapattah, 1990, '91, '92, 2002, and now, yesterday, 2004, which was (UNINTELLIGIBLE) by Commissioner (UNINTELLIGIBLE) but made the motion Commissioner Gonzalez. Like 1 said, I am not a -- what you call a Gucci lobbyist. I am -- I'm funny. I'm funny always, and I am here for the people, but remember -- Chairman Sanchez: Thank you so much, sir. Your two minutes are up. Mr. Cruz: Yeah. No, no, no, no, because remember, I want to see our tax money being spent in those things or Camillus House or whatever, no. That's wrong, because that money -- one year, remember -- Commissioner Winton: It's not being spent on Camillus House, to begin with, so -- Mr. Cruz: -- $1, 000, 000 was taken from us. Chairman Sanchez: Thank you. Commissioner Winton: And the time is up. Mr. Cruz: Right. Chairman Sanchez: Thank you so much. Sir, please state your name for the record Herschell Haynes: Yeah. Yes, sir. My name is Herschell Haynes and I'm Chairman of the Hadley Park Model City Homeowners Association, and on yesterday evening, the Hadley Park Model City Homeowners Association hosted a special meeting of a coalition of homeowners association in District 5. Commissioner Winton: Herschell, is this on the budget? Mr. Haynes: I thought he said -- Commissioner Winton: On the budget. Chairman Sanchez: On the budget. Commissioner Winton: We're on the budget. Mr. Haynes: We're on the budget? Chairman Sanchez: On the budget, sir. Commissioner Winton: This is budget right now. City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: This is just being discussed on the budget. Mr. Haynes: OK. Chairman Sanchez: You'll have an opportunity to address your other concerns, but not -- this is budget. Thank you. Mr. Haynes: Would it be like after 6 o'clock because some of their concerns dealt with -- Chairman Sanchez: Well, we said the order of the day was going to be the budget, then we have one item that was advertised to be voted today, and then we have the special meeting on the appointment for District 5. Mr. Haynes: At 6 o'clock? Chairman Sanchez: I couldn't tell you what time it is. We have to get over the budget first. Yes, ma'am. Albena Sumner: Good evening. My name is Albena Sumner. I live at 1360 Northwest 37th Street. Chairman Sanchez: On the budget. Ms. Sumner: Yes, this is on the -- believe me, that's why I came down here, because being a resident of District 5, 1 was concerned that the budget hearing was being held before the special meeting, and so I placed a call to the Mayor and the City Manager because I was concerned that District 5 had no representation. They both told me that none of the capital improvement projects that are on the table or that had been scheduled for District 5 had been cut; everything was the same, that this was not the first reading and 1 appreciated that because it alleviated a lot of apprehension. Thank you. Chairman Sanchez: Thank you so much. Ms. Sumner: Um-hmm. Chairman Sanchez: Anyone else from the public wishing to address this Commission on this item, please step forward. Yes, ma'am. Juanda Ferguson: My name is Juanda Ferguson. My address is 1115 Northwest 50th Street, Miami, Florida. I just want to say, just keep the City growing and developing, and well be OK. Chairman Sanchez: Thank you so much. Joe Simmons: 1 just had a concern about -- Joe Simmons, Jr., president ofAFSCME (American Federal, State, County, and Municipal Employees), Local 871. I'm a resident of District 5, 1798 Northwest 57 Street. I just had a concern about the Solid Waste budget, fiscal year 2005. It being a $900, 000 deduction, is anyone in the room could clarify that position? We do need, in very dire need of new equipment. A lot of the equipment we drive is in derelict condition, and our people go the extra mile to make sure that they service those residents, but we need adequate funding for better equipment. Chairman Sanchez: Yes, sir. Executive Director, can you address that? Mario Soldevilla: Mario Soldevilla, Acting Director of Solid Waste. The reduction actually is -- and the fees that we paid to the County are Solid Waste disposal fees. The reason for that is that City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 because we have a program with Waste Management. We have management -- we have managed to create some savings on that. As a matter of fact, just currently, since March of this year, we have taken some yard trash over to Solid Waste and that has given us a savings of close to $400, 000 for --from March until right now, so the principal savings is on that. Chairman Sanchez: It's on savings? Mr. Soldevilla: We do have -- yes, it's on the fees. Chairman Sanchez: It's on savings, OK. Mr. Soldevilla: We do have a plan for equipment, and that is programmed under our CIP (Capital Improvement Program). We are planning on getting new trash trucks. We're planning on getting new sweepers. We're planning on getting a combination trucks to be used in streets, like in the Grove that are narrower, and we need better equipment for that, so we are addressing those needs in the department. Chairman Sanchez: Thank you so much. Sir, does that answer your question? Mr. Simmons: Well, 1 guess the other -- Chairman Sanchez: Apparently, money's coming from savings. Mr. Simmons: I mean, as far as the savings, that's great. I'm sure that there's always going to be rising costs anywhere you go, and the cost of living increases. I think, we, as residents and employees of the City, need to come together -- maybe a committee could be formed -- and look at other ways to generate revenue. There's a lot of talent around the City and, of course, I think people have reservations as far as coming forward with those ideas. If they feel my -- putting those ideas forward, that they may be used as cut bait, and I think, if we have a consensus -- Commissioner Winton: Being used as what, Joe? Mr. Simmons: Cut bait. Commissioner Winton: Is that good or bad? I don't know what that means. Mr. Simmons: Well, it depends on how you look at it. Commissioner Winton: Well, that's what I'm trying to figure out. Mr. Simmons: I mean, 1 think -- I mean, we recognize the fact that it's always increasing costs. We want to make sure that everyone gets their fair shake, and 1 think if we all come to the table as a body, there are many ideas that people can come forward with. I know the County have an employee suggestion program, where the employees come forward and, of course, we -- they sit around a table and the idea may gets a test run, and if it works, then those employees are rewarded in other ways. I think that should be addressed and looked at. Chairman Sanchez: Well, we certainly welcome that suggestion. That's something that we're always looking into. 1 mean, any time that we could all work together for savings, of course, 1 believe the employees and the residents of the City could benefit from it, but we have to work together to find those savings and, you know, cut bait, as you said Yes. Commissioner Winton: Well, 1 don't know if that was a good thing or -- Mr. Spring: Also, to address that point, the City, as you know, is moving forward with our City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Balanced Score Card Strategic Plan. Part of that process is a cascade down to departments, and we've been having employee department meetings. Actually -- probably, in the next three weeks, that cascade will be coming down to department, and what you're talking about, employee level feedback, the direction of the department, the goals, the measures, and the initiative that they'll be using to fulfill their job requirements will be solicited, so they'll have that opportunity in the next two or three weeks. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner -- Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez:: Yes. What -- thank you, Mr. Chairman. What I just heard reminds me of a compromise that was made here two years ago when we negotiated the contracts. There was a compromise made by the employees to get together with the administration and try to reduce expenses and costs to the City function, and it seems to me that that hasn't happened, and it's going to have to start happening because, you know, looking at this letter of the Estimating Conference and the recommendation of this letter -- I mean, if we don't do something soon and we don't start to working on this problems soon, eventually the City is going to find itself in a serious, serious difficulty so, you know, that's all I want to say, and I'm glad to hear you say that. Solid Waste has been one of the departments that really have been treated the worst throughout the City. They're dedicated people. You see them out there rain, shine, under a hurricane, under all type of conditions, you know, providing services. I saw them during the past couple of storms, where, you know, there was a -- possibly hitting Miami. There was a rain, there was a wind, and they were there out there working, you know, under those conditions, providing services and, you know, going the extra mile to make sure that the residents of the City of Miami felt served, so 1 thank you and 1 want to congratulate the Solid Waste Department -- Commissioner Winton: And -- Vice Chairman Gonzalez: -- for their work. Commissioner Winton: --1 would like to add -- because I think it's important to put it on the record -- Joe gave me a memo Thursday -- Thursday? Mr. Simmons: Correct, Thursday. Commissioner Winton: Right. -- that written very specific suggestions on some things that might happen that could also reduce costs that I've got to get together with the Manager on. 1 just haven't had a chance to do that, but that's exactly the kind of thing they want, and my hat's off to Joe. He's thinking and is working to do exactly that, and that's going to get us back where we need to be, because I haven't made my comments about the budget, but this budget and our financial position is scary beyond belief. Chairman Sanchez: All right. Mr. Simmons: Thank you very much. Chairman Sanchez: Thank you, sir. Anyone else from the public wishing to address this Commission on the budget hearing? Hearing none, seeing none, the public meeting -- the public hearing is closed and we open it for debate on the Commission. Yes, you're recognized, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. This -- Larry, this letter of the Estimating Conference for me -- and especially for me -- is deja vu. October 1996, Merritt Steirheim sent a letter to the members of the Commission at that time. He sounded the alarm, City of Miami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 and 1 really want to thank you for being straightforward with us, since the first meeting and even before that. I am very concerned with the comments that the Estimating Committee has made in this letter, especially --1 mean, the reserves. I know that there wasn't any other way, so I do not question the Manager's wisdom in going to the reserve, nor that I am also concerned about the pension costs. It's something that happens. It's not an act of God, but it's almost an act of God, the stock market and all that. However, I am very concerned about the third issue. The Committee is concerned that recurring expenses are growing at the rate -- faster than recurring revenues, and what it's --1 mean, the recommendations are the logical one, but I want to understand, if we can learn of -- what should we do, as the legislative body? What the administration can do, as the administrative body, in terms of what the Mayor can do, in terms of guidance because -- I mean, you know, if you take and take and take from under the mattress, it's gone some day, somehow, and 1 tell you what. 1 remember the letter that Merritt Steirheim, the City Manager then, sent us in 1996. I was here just two months when this happened, and then everything after that happened, so what can we expect -- you don't have to go into details or anything, but just your thoughts. I'm sure that there was some kind of discussion at the Estimating Conference as to the details. Mr. Spring: Well, Commissioner, 1 think, as far as what can the Mayor do and what can this Commission do, 1 think you guys already started that process in the way of supporting the technology and business process changes that have come before this Commission. One that happened way before I got here, which was the One -Arm Bandit in Solid Waste Department. Over the last year and a half, almost two years since I've been here now, we brought before you ERP. We've done business process review in the areas of Finance, Purchasing, Employee Relations, Budget, and we're also in the midst of doing the same business process review in those land management departments, Planning, Zoning, Building, also, I think, Solid Waste are involved. Those technological enhancements will net us some costs because we'll be able to do our jobs quicker, faster. A lot of times when you guys ask me for information, it takes me two or three or four days or weeks, for that matter, to get it because I have to go through a lot of different reports and different systems, and then there's still some doubt as to is it right and we want to make sure, so those are the initial steps. The -- obviously, you know --1'll just make this statement that, you know, with personnel costs being 75 percent of our operating, you know, there's a clear focus that we need to make in that area, and that's all I'll say, you know, in that -- you know, in that section, and we just have to do more with less. We're going to have to tighten our belt. Commissioner Gonzalez said it, you know, before in the last hearing, we're going to have to do that. There's a lot of pain. All of these directors over here went through a lot of pain getting this budget together, because they did come up with about $33, 000, 000 in reductions, based on what was proposed as their operating need for next year, and we have to -- Commissioner Regalado: But still, it's growing. Mr. Spring: It's still growing. Commissioner Regalado: So --1 mean, that's the point. That's the point. I mean, we are not the federal government that can just write off -- Mr. Spring: We can't create new money. Commissioner Regalado: -- deficits and -- Commissioner Winton:: Create more money. Commissioner Regalado: -- and, you know -- and -- no, and up the ceiling of the debt and -- but we cannot do that. I mean, we went through an Oversight Board and, you know, this Lawton Chiles going on state television say that we have to raise taxes on garbage fee and all that. City of Miami Page 12 Printed on 12/16/2009 City Commission Verbatim Minutes September 28, 2004 Mr. Spring: Right. Commissioner Regalado: And that is concern. 1 am very concerned about this. Mr. Spring: The other thing 1 should put on the record there also is, from the projections that I've been looking at, 1 feel very confident that our tax revenue base will continue to grow at double-digit rate for a few more years. 1 feel very confident stating we'll probably get another $ 20, 000, 000 in tax revenue increase next year, and -- actually, in the Estimating Conference meeting, they saw that and that -- they see that in our future, as well, so they're confident that we will kind of work out of this situation. What we're going to have to be prudent at doing right now is holding down the fort. We need to make sure we maintain costs where they are. If not, find ways of reducing them, and we'll kind of work out of this, and it's going to take -- it's not just the administration, like I said before; it's going to take the Manager, the Commission, the Mayor, all the employees, the unions, everybody's going to have to work on this in order for us to reach this goal. Chairman Sanchez: OK. Before we get into the first ordinance that's going to be read -- and 1 know it's routine action that we do on the discussion item, I think it's important to say that despite the rising costs in personnel and the soaring costs in the health care, and not to mention the situation with the pension contribution, the City of Miami has been able to cut the property tax millage for the sixth straight year. I think it's important to say that, being with all these forecasted things that are in front of us. I think it's also important to say that not long ago, this City was -- I believe in 1999, we had a millage of 11.79, and as you can see, we have cut that more than two mils for our taxpayers. Now, the reduction that's on this budget, which is basically less than two -tenths of a mill, which is a very small amount on paper, puts a figure of about $3, 700, 000 back into the taxpayers' pockets as a relief so for the last six years, we have been able to reduce the millage here in the City of Miami with the foreseen troubles that are ahead, which I consider to be a perfect storm with the matters of the rising pension, the rising cost in health care, and I need that --1 think that needs to be said when we approve this budget, because the taxpayers need to know that, under the circumstances, we have still been able to reduce the millage here in the City, so having said that --1 will debate or open for discussion -- Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Yes, sir. Vice Chairman Gonzalez: I think it's very important also to point out that the solid waste fee in the City of Miami has been frozen for -- Chairman Sanchez: Five years. Vice Chairman Gonzalez: -- five years, so in five years, none of the City residents will see an increase in solid waste charges, contrary to what is happening in other cities throughout the County, and even the County, everybody's raising the solid waste fee and other fees that they have and, thank God, we've been able to offer our residents that compromise that they won't see an increase in their solid waste fee for the next five years. BH.2 04-00983a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 PROVIDING FOR AN EFFECTIVE DATE. 04-00983a-cover memo.pdf 04-0098 3a-o rd i n a n ce. pd f 04-00983a - submittal.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12595 Direction to the Administration by Commissioner Winton to provide the Commission in 60 days with the final analysis of the consultants on long-term personnel and pension costs. Chairman Sanchez: All right. We'll go on to the BH.2. It's an ordinance on second reading. It's a routine action. Is there a motion? Well, before we do that, it's a public hearing. It's open to the public. Anyone from the public wishing to address BH.2, which is an ordinance on second reading? Leroy. Leroy Jones: Commissioner, excuse me for not stepping up early, but I just got a copy of the budget, so I'm just reviewing it now, and I know -- Priscilla A. Thompson (City Clerk): I'm sorry. Before we -- Mr. Jones: -- I know -- my name is Leroy Jones. Chairman Sanchez: Leroy. Mr. Jones: Leroy Jones, 4055 Northwest 17th Avenue. In reviewing -- looking over the budget, because 1 just received it, I noticed every year the Commission always set aside money for the Martin Luther King Parade, and if I'm not mistaken, I think it comes from the general fund budget, and I didn't see it in the budget this year. Chairman Sanchez: It's -- Mr. Jones: So -- Commissioner Winton: It could be in Special Events. Chairman Sanchez: -- Special Events, Leroy. Mr. Jones: It comes through Special Events? Chairman Sanchez: In Special Events, yeah. Commissioner Winton: Yeah, that's a separate line item, Leroy. Mr. Jones: OK. Chairman Sanchez: All right. Anyone else wishing to address this ordinance in front of the Commission, please step forward Hearing none, seeing none, the public hearing is closed. It is open for a motion from the Commission. Commissioner Winton: Well -- City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Vice Chairman Gonzalez: Second. Commissioner Winton: -- before we get there -- Chairman Sanchez: There's a motion by Commission Winton; second by Vice Chairman Gonza lez. It is open for discussion. Commissioner Regalado: You didn't do -- he didn't do a motion. Vice Chairman Gonzalez: Oh, 1 thought he said -- Commissioner Winton: As 1 said, before we get there. Chairman Sanchez: Well, there is no motion, so we're on ordinance -- Commissioner Winton: 171 move -- I'll make the motion. I can always withdraw it. Chairman Sanchez: There's a motion and a second. It is open for discussion. That's BH.2, ordinance, second reading. Commissioner Winton: Because I'm really -- I'm on the budget, and I can tell you that -- you know, I heard Larry talk about the fact that he's confident about ad valorem taxes continuing to grow at double-digit for the next several years, as I am. I'm confident of that, because the buildings are out there being built, but I think what everybody's missing is that what's going on right now, from a revenue -enhancement standpoint, is unprecedented in the history of this City, and before this year, ad valorem taxes -- and ad valorem taxes -- I just looked a few minutes ago -- and ad valorem taxes make up 46 percent of our operating budget, so by far and away, the biggest line item on the revenue side is ad valorem taxes, and until this year, over the course of the last three years, ad valorem taxes jumped by almost 50 percent, almost 50 percent, citywide. We got another fifteen point some percent this year, so you've got 65 percent in four years, unprecedented, so with that kind of unprecedented growth, and a long history of a city in terms of operating expenses, one should think that we are swimming in cash -- Chairman Sanchez: We're not. Vice Chairman Gonzalez: But we're not. Commissioner Winton: -- but instead of swimming in cash, we're taking 40 million bucks from reserves. What's our total reserve amount, Larry? Larry Spring (Chief of Strategic Planning Budgeting & Performance): Based on the CAFR ( Comprehensive Annual Financial Report) report, as the end of last year, it was $141, 000, 000. Commissioner Winton: How much? Mr. Spring: 141, 000, 000, based on the CAFR report. In the budget that we're currently in, we projected to use about 29, 000, 000 of that, as a budgeted number. When we end up the year, we'll probably use somewhere between 15 and 20, and then you have the recommended use of reserves at 40, 000, 000 this year, so you back all that out -- Commissioner Winton: See, usually, I can do numbers pretty well, but 1 couldn't follow that at all, so we're -- Mr. Spring: Start off from 141 -- City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Winton: -- starting where and ending where? Commissioner Regalado: He's asking how much we have now. Mr. Spring: 141. Commissioner Regalado: No. Commissioner Winton: And we're going to end up how much? Then where are we going to end? Mr. Spring: We probably will end with about 120. Chairman Sanchez: That's not counting the second dip that we have to dip into. Mr. Spring: Not counting the second dip that we're recommending for this budget year. Chairman Sanchez: Leaving us with 86 -- Commissioner Winton: Why not? Chairman Sanchez: -- 87. Commissioner Winton: Where are we going to be? Chairman Sanchez: 86, 87. Mr. Spring: 86, $87, 000, 000. Commissioner Winton: Right. OK, 86, 87, so at a $40, 000, 000 clip a year, what do you estimate -- we're writing checks to the increase in pension costs, which you said is roughly $23, 000,000 this year, and we're writing $70, 000, 000 in checks to pension plan. What do you estimate that we're going to write next year in checks to pension plan? Mr. Spring: 1 estimate the number's going to be the same, if not slightly higher. Commissioner Winton: So that would suggest to me that, absent some miracle, we're going to write another check of $40, 000, 000 out of our reserves this coming year, which give -- takes us down to one, so you have one more year of that, then you've got no reserve. Chairman Sanchez: In violation of anti -deficiency. Commissioner Winton: And when this real estate boom that's unprecedented in the history of this City stops, stops -- and it will stop -- at minimum, it will slow way down -- what are we going to do? What are we going to do with our taxpayers? All of these ratchets down that we've done over the course of the past four years on our millage rate, which we're all extremely proud of we locked the garbage fee, we tried to do things to -- but that's tinkering, when you're talking about $70, 000, 000 hits, and if you look at all the line items on this sheet, with the exception of really two departments -- three departments, Mayor's Office, Office of the Clerk, and Solid Waste -- every other department has -- with maybe two exceptions, have projected increases in their operating budgets that is significantly higher than inflation, significantly higher than inflation, so I'm looking at these curves in my mind where revenue's going like this, but expenses are running ahead of it at a time of unprecedented revenues coming to our City. 1 don't understand, for the life of me, what we're going to tell the people sitting in this audience tonight and the rest of our residents three years from now or four years from now when our ad valorem tax growth is City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 back to three percent a year, and our operating expenses are climbing by -- should have done the number on a percent. Mr. Spring: It's -- Commissioner Winton: Total -- it's what, 7? Mr. Spring: It's 7.6 percent. Commissioner Winton: OK, so you've got almost an 8 percent total growth, and you've got inflation at 3, a little less than. / don't understand how we're going to, frankly, survive. 1 don't get the fix in this, and 1 have a lot of confidence in the Manager, I got a lot of confidence in you, but 1 don't see the fix. I don't see this curve going the right direction, and the biggest chunk of that -- and not that I'm -- that I have a problem with our employees working hard and getting paid right, because I don't think this is about -- this is a combination of two things: 75 percent of our operating budget is personnel related. You already said that, so the only place you're ever going to go to fix the budget is related to personnel. You know, talking about no -- fewer pencils, fewer pens, fewer this is irrelevant. It's in personnel, so the kinds of things that Joe was talking about in Solid Waste, where we can -- where you've got employees working on helping us figure out -- that's the right kind of thing, but those are -- and every dollar's going to add up -- I think that -- if you all remember, what did we -- three years ago, we passed that resolution to get the consultants in here to do this very kind of analysis that shows where our personnel and pension costs are going long-term, not because we want to take anything away from anybody, but we want to know where we're going. Because if we -- we're the stewards here. If we don't know where we're going relative to our costs, and we run into a wall at 120 miles an hour, we're all dead. That's not what we got elected for. We got elected to know exactly where we're going and to understand it. I'm going to only make two more comments. One, those consultants are still kind of floating around I really -- I'm counting on us getting that final analysis done so that we can all, as a Commission, look at a 10- to 15-year horizon relative to where we sit, and we really need that, need it, and 1 want to see it within another 60 days maximum. I don't care what you've got to do, because we've got to figure that piece out, and 1 will tell you that this pension thing -- I don't know what the solution is, but tell me, Larry, over the -- until -- 70, 000, 000 this year, 40- some million last year -- prior ten years, what was the average? Mr. Spring: Well, the 12 year average has been about $20, 000, 000. Commissioner Winton: OK, so you've got a 12-year average, $20, 000, 000, and we're in the 50 to $70, 000, 000 range, and I've heard all the explanations about the stock market crash, and the investments were terrible, and blah, blah, blah, blah, blah, but 1 would feel a lot more comfortable if I had the projections that I could look at and say, I get it. 1 see it now. Within two years, we're going to be back down to $20, 000, 000; we've got a $50, 000, 000 savings, and all of a sudden, we're breathing easier, but I ain't seen that yet, so absent that, I can only assume that we're going to see more bad news, and I'm -- on the basis of that, I'm almost afraid to approve this budget. 1 don't know what the alternative is. Maybe that's the scary part. Vice Chairman Gonzalez: It is. Commissioner Winton: But I can tell you, I'm real nervous about approving this budget. I'm going to be here next year, and I will guarantee you -- and 1 voted for every budget. You know, I voted for them. I understand numbers -- I'm not voting for any budget next year if we're not -- if we don't have a clear-cut path to show our residents and us that we will be a solvent City, not a bankrupt City, in five more years, and at the rate we're going, well be bankrupt. We'll be bankrupt -- Vice Chairman Gonzalez: We will. City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Winton: -- in five more years, so -- got a road map for me that you can help with or you're going to -- Mr. Spring: I will be getting you the road map that you're asking for. The report that you've requested in 60 days, you will have it. We will be able to sit down and go over a lot of these things, and this Commission has granted me an extension on the Five -Year Plan, which, in essence, would be that road map; would have all of that data that you're asking for, until after the labor negotiation is finished because it affects 75 percent of the costs associated -- Commissioner Winton: But to do those projections, you can put estimates in the damn thing. You know, assume minus five, zero plus five; I don't care what it is, but you can put assumptions in any model you want and show different the models for different assumptions. Mr. Spring: And I have done that. Commissioner Winton: 1 don't have to have the end result. Mr. Spring: And I have that, and 1 can provide that to you. Commissioner Winton: That's what we need to be looking at. That way, we can help make decisions about where we ought to go on these things, including negotiations. Those negotiations, as far as I'm concerned, are going to determine whether or not this City is going to in fact go bankrupt again or whether it's going to be on sound financial footing, and I believe that very, very, very strongly, and we, as the ones who are going to pay the ultimate price, need to understand what the key points are relative to those negotiations, how we give and take, how we take care of our employees, but how we make sure that they still have a job in five years and we're not bankrupt again. Mr. Spring: Absolutely. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Well -- I mean, maybe this year, it's you, but -- Chairman Sanchez: Who votes no on the budget? Commissioner Regalado: -- but I just -- a few minutes ago I said, it was 1996 deja vu, only with a twist, and the only difference is that we are able now to learn the truth. We are being given factual information. Back in '96, I mean, we were told -- I mean, people stood there in the old podium -- I remember -- and said, hey, everything is fine, until Steirheim brought all these 20 people that parade fear and start going into the books and then we found out what was happening, and the reason that they said what happened is because of this, because of expenses, expenses, and an administration that was reluctant to tell the legislative body, look, you've got to do something, and everything is fine. Don't worry about it. Keep the garbage $126 a year. No problem, and we take money from there, there, and, you know, the -- so I -- you know, I am so much struggling about this budget, not that it's not easy for me to vote no. It will be the easiest thing to do, and 1 have done that in the past, in protest for things that shouldn't happen in the budget, but I have to blame myself because we started talking about the budget in July, and then we had some meetings in August and, you know, 1 will tell you, Larry -- and I'm telling the Manager and all the staff -- that I will personally start asking questions every week, come October -- from October to September, because I'm not going to be part of a second oversight board. I was once -- City of Miami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Winton: Here, here. Commissioner Regalado: -- part of a second -- of a first oversight board. This Commissioner is not going to be part of a second oversight board to the City of Miami. I anguish when we have to vote for higher taxes and fees and all that, and look, it ain't going to happen to me again. You know, 1 trust that you know what the steps that we need to take or need to be taken. I trust you when -- because you never BS me, and that's a fact, but I'm telling you, I am going to be so proactive in the budget thing, especially in the expenses, and I don't want to talk about -- maybe the Attorney will say you shouldn't talk about that. Contracts are everything, but we do need to do something because, I mean, when a businessman successful, like Johnny Winton, whom has been always a trooper in supporting everything the administration done, is sounding the alarm, you know, we've got to worry, because this guy is successful because he had a business and he was able to see the revenues and expenses and all that, so I'm telling you, I am going to get involved. Whether I look like a brat or not, I will get involved, and that is my comment on this budget. You know, pencils and pens, like Johnny said, is not going to do it. It has to be more than that, so that's my comment. Chairman Sanchez: All right. I was going to get into that in BC.3, but I'll go ahead and get into it. This storm has a warning, and the warning is right here. Commissioner Winton: Ah, huge. Chairman Sanchez: It is right here clearly written, where it clearly states that the budget for 2005 Estimating Conference is recommends -- gives you recommendation and comments. Let me read them to you for the record "The Committee is seriously concerned with the amount of reserves being used to balance the budget." That's one. "The Committee is concerned with pension costs." That's another one. "The Committee is concerned that recurring expenses are growing at a rate faster than recurring revenue." In other words, we're starting to spend more money than what we're bringing in. "The City needs to focus more attention on boosting revenues, " and it has other recommendations, so this storm has a warning and we, as elected officials, have a fiduciary responsibility to make sure that we address these concerns so the next individual that sits here four years from now or six years from now or eight years from now aren't put in the situation that, if I'm not mistaken, some of us were in 1999, when we were sitting here figuring out how do we come up with revenues to get out of the situation we were in because we were at the verge of bankruptcy. Here's another alarming rate that you need to take into consideration. The anti -deficiency ordinance requires us to have a reserve of 20 percent of the average -- of the most recent three years of revenues. As Commissioner Winton stated, we have a revenue topping about $400, 000, 000 and rising. That means we must have in reserve 80 million plus, and we're about 86, 000, 000 right now, so we have very, very close in violating the anti -deficiency. Vice Chairman Gonzalez: On the borderline. Chairman Sanchez: So you know what? This is for real, and I think that we, as elected officials, are going to have to make some tough, tough choices. Now, I'll tell you this: I think the Manager should have the top priority to make sure that we don't run into the situation that we were several years ago, so him and his administration are going to have to make some tough choices, and I think this legislative body is going to have to support him on those choices to make sure that this City -- you know, in other words, like 1 usually state, we don't kill the goose that lays the golden egg. We need to work together, and I've made it very clear that I'm not an individual that makes it into "us" versus "them" or "them" versus "us" on this matter. We have a responsibility here, as either elected officials or employees or residents, to work together to overcome this, and I think that we can, if we're able to sit down and compromise and negotiate what's in the best, best interest of the magical city called Miami. That's what 1 wanted to state, and 1 want to make it very clear. I am very, very concerned with the numbers in the deficit that we're heading. 1 City of Miami Page 19 Printed on 12/16/2009 City Commission Verbatim Minutes September 28, 2004 mean, everyone -- I think all the Commissioners have stated here, so 1 think it's something that we need to address as quickly as possible on that matter. Having said that, are there any other debates on BH.2? We need to approve that ordinance. Vice Chairman Gonzalez: No. Mr. Chairman, I just want to add that I agreed 100 percent with all you have said, and Commissioner Winton, Commissioner Regalado, but you asked us something that is very important, and that 1 believe that we have to keep in mind, OK. We have instructed the Manager to do a work to control this budget and to control expenses, but we have to make sure that we support the administration whenever they start doing their work because, you know, once they start tightening belts, people will start running to us crying, like babies, you know, and then -- you know, then we turn around and we don't want to look at the facts, so you know, yeah, we need to take some measures, very serious measurements, and we're instructing the Manager to do that, but we have to support the administration once they start doing, you know, the dirty work that has to be done in order to make this City survive. Thank you. Chairman Sanchez: All right. No further debate or discussion from the Commission. BH.2 is an ordinance on second reading. There was a motion made by Commissioner Winton, second by Vice Chairman Gonzalez. Commissioner Winton: And what did I move? Oh, fixing the millage? Chairman Sanchez: Yes. Mr. Spring: Millage. Commissioner Winton: All right. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. No further discussion. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Well, I am going to vote this time yes, and the reason is because although I don't see the will in this budget, hopefully there will be a will beginning on October the 1st to reduce expenses. The millions of dollars in consultants and other expenses need to be addressed, and I think that this body has already stated that we have the will and that we are ready to tighten the belt, so 1 am voting yes on this budget. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 BH.3 04-00983b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00983b-cover memo.pdf 04-00983b-budget. pdf 04-00983b-revenue summaries. pdf 04-00983b-appropriation summaries.pdf 04-00983b-general fund.pdf 04-00983b-debt service funds. pdf 04-00983b-special revenue funds.pdf 04-00983b-capital improvements. pdf 04-00983b-other agencies.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12596 Chairman Sanchez: All right. BH.3. It's an ordinance on second reading. It is a public hearing . Anyone from the public wishing to address this Commission on this, please step forward. Seeing none and hearing none, the public hearing is closed. Commissioner Winton: Move. Chairman Sanchez: Ma'am, ma'am, you want to -- Vice Chairman Gonzalez: Second Chairman Sanchez: BH.3. Well, the City Attorney -- ma'am, you need to step up to the podium. Please state your name. The City Attorney will read the ordinance for the record. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: This is the budget. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordnance has been adopted on second reading, 4/0. BH.4 04-01064 DISCUSSION ITEM DISCUSSION OF PROPOSED MILLAGE RATE AND BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY. City of Miami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE: NINE AND 77 /100 PERCENT (9.77 %) SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE PURPOSE: DOWNTOWN ECONOMIC DEVELOPMENT PROGRAMS COST $313,792.08 100 CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS COMMENTS REGARDING THE PROPOSED MILLAGE INCREASE AND EXPLAINS THE REASONS FOR THE INCREASE OVER THE ROLLED BACK RATE. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE BUDGET, IF NECESSARY 2.RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY 3.PUBLICLY ANNOUNCE THE PERCENT BY WHICH THE RECOMPUTED PROPOSED MILLAGE RATE EXCEEDS THE ROLLED BACK RATE 4.ADOPT THE FINAL MILLAGE RATE 5.ADOPT THE FINAL BUDGET 04-01064-cover page.pdf DISCUSSED Chairman Sanchez: BH.4 is discussion item. Commissioner Winton: It's the DDA (Downtown Development Authority) millage, right? Chairman Sanchez: Yeah, DDA millage. Commissioner Winton: Is it a public hearing? Chairman Sanchez: Yes, it is. Commissioner Regalado: He should come here because this is important. Chairman Sanchez: I think he's here. He's outside. Could someone go get him? Commissioner Regalado: This is -- Johnny, this is really important because -- I mean, someone needs to tell about projections and maybe the DDA's the right and the logical thing to tell us about projections. Chairman Sanchez: This is a discussion on the proposed millage rate and budget for the Downtown Development Authority. Sir, welcome. State your name for the record. Dana Nottingham: Dana Nottingham, Executive Director of the Downtown Development Authority. City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: OK. It is a public hearing. Anyone from the public wishing to be heard, please step forward. Seeing none, hearing none, the public hearing is closed. Is there a motion? Commissioner Winton: So moved Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: It is second. It -- All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having -- Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry. Chairman Sanchez: -- the same right, say "nay." Ms. Thompson: Chairman Sanchez, I'm sorry. Chairman Sanchez: Yes. Ms. Thompson: Are we on BH.4? Commissioner Winton: Yes. Vice Chairman Gonzalez: 4. Ms. Thompson: That was just a discussion item. Jorge L. Fernandez (City Attorney): BH.4 does not require a vote. Commissioner Winton: Oh. Mr. Fernandez: It's BH.5 and 6 -- Commissioner Winton: Well, we voted on it anyway. Mr. Fernandez: -- that in fact -- BH.5 04-00985a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, ("CITY") FLORIDA, ATTACHED AND INCORPORATED; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING FOR SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY AS REFLECTED IN THE CITY'S MILLAGE LEVY City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 ORDINANCE FOR THE AFORESAID FISCAL YEAR; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00985a-cover memo.pdf 04-00985a-pre resolution 1.pdf 04-00985a-pre resolution 2.pdf 04-00985a-master report.pdf 04-00985a-exhibit-article. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12597 Chairman Sanchez: Then BH.5. All right. Vice Chairman Gonzalez: It's a public hearing. Chairman Sanchez: It's a public hearing, BH.5. Anyone from the public -- Commissioner Winton: Thank you, Dana. Chairman Sanchez: -- wishing to address the item, please step forward and be heard. Seeing none and hearing none -- Commissioner Winton: OK, what is -- Unidentified Speaker: What is BH. 5? Commissioner Winton: Yeah, what is it? Chairman Sanchez: BH.5 is an ordinance of the City of Miami Commission, with attachments -- Commissioner Regalado: DDA (Downtown Development Authority). Chairman Sanchez: DDA. This one -- Commissioner Winton: No. Commissioner Regalado: I have a question. Commissioner Winton: Oh, DD -- oh, yeah. Commissioner Regalado: I have a question on DDA. Chairman Sanchez: It's fixing the millage -- Commissioner Winton: OK. City of Miami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: -- and leaving taxes in said downtown development district. OK. It's a public hearing. The public hearing is closed. It is -- do I have a motion? Commissioner Winton: So moved. Chairman Sanchez: Motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second for discussion. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Commissioner Regalado. Commissioner Regalado: On the parking surcharge, what are the revenues or the monies that you already getting for downtown infrastructure? What is your projection? What can we hope in terms of the parking surcharge, and the piece of the pie that belongs to downtown Miami? Commissioner Winton: You want me to answer that? Larry Spring (Chief of Strategic, Planning & Budgeting Performance): Yeah, go ahead. Commissioner Winton: I probably know it better than -- Commissioner Regalado: Good. Yeah, I'm curious about it. Commissioner Winton: The -- yeah. The -- if I have these numbers memorized right, the -- effective October 1 -- so that's when it -- when the whole process changes -- the parking surcharge downtown is reduced from 20 percent to 15 percent, and instead of the parking surcharge being a short-term 5-year deal, kind of like the fire fee, it's now forever, kind of like the fire fee. Commissioner Regalado: Like the fire fee. Commissioner Winton: And -- but the language was rewritten so that 20 percent of that revenue has to go to infrastructure improvements in downtown -- downtown as defined as the downtown we understand -- and Coconut Grove, and the two of those defined -- I don't know the differential yet. We've got to get that figured out, but at current levels, I think it represents a 1,700,000 or a 1,900,000 a year. I don't -- it's a little under two, right? OK. Just a shade under two for those two, so we actually had a discussion about this very item at the board meeting last Friday, because my view is that if you take that revenue, which has to be used for infrastructure improvements only -- so now I think you have a bondable revenue stream, and we talked to the board about taking some of the -- this money that's tied to this millage rate adding to that, so you've got some additional money for bonding capacity, and if you look at the increase in revenue within the CRA (Community Redevelopment Agency) -- that's also a part of that downtown -- you might be able to take some of that for bonding capacity, and the fact of the matter is, we may be able to now do some real infrastructure improvements in the downtown area that's going to make it even more attractive for the development community to continue development in those areas where we have a mess, and I don't know if any of y'all have been downtown lately -- I'm not talking about Brickell. I'm talking about the core of downtown -- and those -- we -- those streets are -- we have third world streets downtown. I mean, it is pathetic. They have potholed and broken up and dirty, and it's a mess down there, so I -- the -- end of story, so that's the answer to your question, I think. Commissioner Regalado: The reason I'm asking is because we all know the story about the Florida Lottery. We approved the Florida Lottery to enhance education, and what happened City of Miami Page 25 Printed on 12/16/2009 City Commission Verbatim Minutes September 28, 2004 was that -- I mean, we ran and buy tickets and buy tickets and generated billion of dollars, but what the state did is they took some money of the original budget of the Education Department and substituted with the money from the lottery, so we're back having -- Commissioner Winton: Back to the same place. Commissioner Regalado: -- serious problems with education in the State of Florida. That was my concern because, you know, I think -- and you understand better downtown -- but I think that the best bet for development, having all these problems that we're having in the residential areas with development, is downtown Miami, but 1 mean, you know -- I have to take my wife every week, or sometimes I go to downtown to see people every week, and I don't know who to sue because my tires are really having a bad times in Southwest 1st Street -- Commissioner Winton: Yeah. Commissioner Regalado: -- and in Flagler. It's really bad. I mean, it's a shame. Commissioner Winton: 2nd Avenue, 2nd Street. Commissioner Regalado: It's a shame. Commissioner Winton: I mean, 1st and -- Commissioner Regalado: The reason I asked, Johnny -- Commissioner Winton: I mean -- Commissioner Regalado: -- is because -- and I know how you fight for it, but I'm looking at the parking surcharge and seeing, well, maybe, you know, the CIP (Capital Improvement Program) is going to take this and substitute and do this and do that, and downtown is the face of the City, whether we like it or not. Commissioner Winton: Well, you know, one of the reasons why I started this push to bond out that revenue stream is to prevent exactly what you're talking about because, you know, you start reading the language and the next thing you know, well infrastructure. I can plant some trees. That's infrastructure. I can water the trees. That's infrastructure, and before you know it, you know, five years down the road, it becomes operating. Well, that didn't get it, so my view is, if we glom onto that revenue stream, bond it out, do real capital improvement projects that you can see, that have a real impact, that have a real meaning, it -- nobody can convert it slowly but surely into some operating thing, so that's the reason -- Chairman Sanchez: All right. Commissioner Winton: -- we're focused on it that way. Chairman Sanchez: Any further debate on the item? Hearing none, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Ms. Thompson: The ordinance has been adopted on second reading, 4/0. BH.6 04-00985b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 04-00985b-cover memo.pdf 04-00985b-pre resolution 1.pdf 04-00985b-pre resolution 2.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12598 Chairman Sanchez: BH.6 is an ordinance on second reading also. It's the Downtown Development District ad valorem tax levy. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none and hearing none -- Commissioner Winton: So moved Chairman Sanchez: -- the public hearing is closed. Vice Chairman Gonzalez: Second Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. BH.7 04-00951 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City of Miami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 ), APPROVING THE PROPOSED BUDGET OF THE CIVILIAN INVESTIGATIVE PANEL FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. 04-00951-cover memo.pdf 04-00951-memo. pdf 04-00951-memo2.pdf 04-00951-pre resolution.pdf 04-00951-exh ibit. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0659 Chairman Sanchez: All right. BH. 7 is a resolution. It's a resolution City of Miami Commission, with attachments, approving the proposed budget for the Civilian Investigative Panel for the fiscal year commencing October 1, 2004, and ending September 30, 2005. Commissioner Winton: So moved Chairman Sanchez: Is there a motion? There's a motion. Is there a second? Vice Chairman Gonzalez: 1 second it for discussion. Chairman Sanchez: There's a second for the purpose of discussion. Commissioner -- Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Yes. Mr. Spring, was there a reduction in this budget? Larry Spring (Strategic Planning, Budgeting & Performance): Yes, it was. The City Manager and myself met with Civilian Investigation Chair and the executive director, and they reduced their budget I think around -- was it 150? -- $130, 000. Chairman Sanchez: Sir, could you step up to the mike and state your name for the record, and also, I think you have to put that on the record, as the budget being amended. Larry Handfield: Yes. Larry Handfield, 4770 Biscayne Boulevard, Suite 1200, Miami, Florida, chair of the Civilian Investigatory Panel. It is correct. At the last meeting, we left and we reached an agreement, negotiation with the -- Larry Springs from the Budget Director, as well as the City Manager, on what we thought would be a fair budget that would allow us to be able to discharge our duties and responsibility as relates to this panel, and we reduced the original budget by $130, 000. Chairman Sanchez: Thank you so much. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: Any further debate from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Mr. Handfield: Thank you so much. BH.8 04-01065 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE RETIREMENT TRUST FUND") TO PROVIDE FOR THE ADMINISTRATION OF THE GESE RETIREMENT TRUST FUND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, IN THE AMOUNT NOT TO EXCEED $2,458,854, EXCLUDING NORMAL COST. 04-01065-cover memo.pdf 04-01065-memo.pdf 04-01065-exh i b it. pdf 04-01065 - submittal.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 1 - Commissioner Winton R-04-0660 Chairman Sanchez: We move on to BH.8. It's a resolution approving the -- adopting the annual budget for City of Miami General Employee and Sanitation Employee Retirement Trust. Is there a motion? Commissioner Winton: So moved Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second. It is open for discussion. Larry Spring (Strategic Planning, Budgeting & Performance): Is this -- Chairman Sanchez: Yes. Mr. Spring: Is this the GESE (General Employees and Sanitation Employees) item? Chairman Sanchez: Yes, it is. Executive Director. Mr. Spring: This is the GESE item? Chairman Sanchez: Yes Mr. Spring: Yes, there is a -- they do have a floor amendment. Chairman Sanchez: They also have a floor amendment. OK, ma'am, could you state your name for the record and state the amendment on the record? There's also a reduction in the budget? Sandra Ellenberg: OK, yes. 20,000 -- $20, 000 reduction -- City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Priscilla A. Thompson (City Clerk): I'm sorry. Ms. Ellenberg: My name Sandra Ellenberg. Ms. Thompson: I'm sorry. I'm sorry. Chairman Sanchez: State your name. Ms. Thompson: Record, name -- Chairman Sanchez: And address. Ms. Ellenberg: OK. My name is Sandra Ellenberg. I'm the pension administrator for the GESE Retirement Trust. We are located at 2901 Bridge Port Avenue, Coconut Grove, Florida, 33133. Chairman Sanchez: OK. Could you state once again the amount, the reduction of the amount, or the amendment to the budget, please? Ms. Ellenberg: The reduction is $20, 000. Chairman Sanchez: Pencils? Commissioner Winton: I'll take them. Chairman Sanchez: OK. Any questions from any of the Commissioners? Commissioner Winton: Only it was 20, 000, 000. Commissioner Regalado: 20,000 -- Chairman Sanchez: 20,000, not million. Commissioner Winton: Just need a -- Commissioner Regalado: -- out of -- Commissioner Winton: Just need a few more zeros and we're there. Commissioner Regalado: -- $2, 485, 854? Ms. Ellenberg: OK. $19, 000, 000 is the actual requirement that cannot be reduced. $19, 300, 415 is the actual requirement for this year. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: It's a resolution. All in -- Commissioner Regalado: But I want to understand, where those $20, 000 came from? 1 mean, what did you cut? Chairman Sanchez: What did you cut? What did you reduce? Commissioner Winton: Pencils. City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Ms. Ellenberg: Under professional services. Commissioner Regalado: What is that? Ms. Ellenberg: Well, that -- I reduced it from the security guard. Chairman Sanchez: The security card? Ms. Ellenberg: Right. Vice Chairman Gonzalez: Security guard. Guard. Chairman Sanchez: Oh, the guard? Vice Chairman Gonzalez: Yes. Ms. Ellenberg: Right. Commissioner Regalado: So -- oh, a security guard used to guard the Pension Office. Ms. Ellenberg: Correct. Commissioner Regalado: But now there is no security guard? Ms. Ellenberg: No. Yes, there is. Commissioner Regalado: There is? Ms. Ellenberg: Yes. We just hired some -- instead of having for 24-hours a day or a company, we hired someone for like nine hours a day. Commissioner Regalado: OK. But -- I mean, that's the only reduction that you were able to make? Chairman Sanchez: All right. Is that the only reduction you could make, $20, 000 out of -- Ronald Thompkins: Yeah, for the record, my name is Ronald Thompkins. I'm the Vice Chair of the board Commission, we met with Mr. Springs and went over the budget, and keep in mind, this is out of our administrative budget of $2, 400, 000. This is a budget that serves the retiree class for some 3,478 members. It includes the general employees, as well as the sanitation employees, and these are kind of the costs going into a new building. Initially, we had looked at a professional guard service that would be contractually full-time. One of the things that we looked, as we were charged to go back and review the budget once again, we ended up hiring someone full-time that would be on duty approximately nine hours a day, and then with that look back, we were able to reserve some $20, 000, but keep in mind, the overall budget is 7.85 percent less than what it was last year. Chairman Sanchez: All right. Commissioner Regalado: OK. That was hard, but -- Chairman Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. Ms. Thompson: Thank you, sir. BH.9 04-01068 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' & SANITATION EMPLOYEES' EXCESS BENEFIT PLAN ("GESE EXCESS BENEFIT PLAN") TO PROVIDE FOR THE ADMINISTRATION OF THE GESE EXCESS BENEFIT PLAN, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, IN THE AMOUNT NOT TO EXCEED $121,943, EXCLUDING THE ACTUARIALLY DETERMINED ANNUAL BENEFIT PAYMENT. 04-01068-cover memo.pdf 04-01068-memo.pdf 04-01068-exh ib it. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0661 Chairman Sanchez: All right. BH.9. Thank you so much. BH.9 is approving and adopting the annual budget of the City of Miami General Employee -- oh, no, that's -- yeah, same one. OK. It's a resolution. Is there a motion? Vice Chairman Gonzalez: Move BH.9. Chairman Sanchez: Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Open for discussion. Anyone from the public wishing to address this, please step forward. Seeing none, hearing none. All right, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries unanimously. Thank you. Ronald Thompkins: Thank you, sir. Sandra Ellenberg: Thank you. BH.10 04-00995 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS"), ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, City of Miami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 2004 AND ENDING SEPTEMBER 30, 2005, AS APPROVED BY THE CRAS' BOARDS OF DIRECTORS. 04-00995- cover memo.pdf 04-00995- exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0662 Chairman Sanchez: BH.10 is a resolution. It's approving the -- adopting the budget of the Southeast Overtown/Park West and Omni Redevelopment District Community Revitalization -- Redevelopment Agency. OK. It's a resolution. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second Vice Chairman Gonzalez: Second. Chairman Sanchez: Second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. OK. BH.11 04-01047 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE VIRGINIA KEY BEACH PARK TRUST FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, IN AN AMOUNT NOT TO EXCEED $900,976, IN GENERAL FUNDS AND AN AMOUNT NOT TO EXCEED $374,100, IN CAPITAL IMPROVEMENT FUNDS, FOR A TOTAL ANNUAL BUDGET AMOUNT NOT TO EXCEED $1,275,076. 04-01047-cover memo.pdf 04-01047-exhibit .pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0663 Chairman Sanchez: BH.11 is a resolution. It is approving adopting the annual budget of the Virginia Key Beach Park Trust for fiscal year commencing October 1, 204 [sic], and ending September 30, 205 [sic], in the amount not to exceed $996, 000. Is there a motion? Commissioner Winton: So moved Chairman Sanchez: There's a motion. City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Vice Chairman Gonzalez: Second Chairman Sanchez: Is there a second? Vice Chairman Gonzalez: Second Chairman Sanchez: Anyone from the public wishing to address this Commission on this, please step forward and be heard. Seeing none, hearing none, it is closed. Vice Chairman Gonzalez: Larry, could you help us here or could you help -- at least help me here? Are these -- all of these boards being -- reducing their budget? Larry Spring (Strategic Planning, Budgeting & Performance): Yes, absolutely. We met with the Virginia Key Beach Trust actually from the workshop in July -- Vice Chairman Gonzalez: OK. Mr. Spring: -- and we worked with them and they reduced their budget, and they've been working -- Vice Chairman Gonzalez: Back then in July. Mr. Spring: Absolutely. Vice Chairman Gonzalez: All right. Thank you. Commissioner Winton: And -- and -- Chairman Sanchez: Sir, could you state the amendment to the budget on the record, please? Please state your name -- David Shorter: David Shorter. Chairman Sanchez: Name and address. Mr. Shorter: David Shorter, Virginia Key Beach Park Trust. We had reduced our budget by $ 165, 000. Commissioner Winton: And I would like to pipe in there just a little bit. 1 also met with them and made a suggestion relative to reduction that they also put in place, so I was happy with their effort there. Vice Chairman Gonzalez: And that is a reduction. A hundred and some thousand dollars is a reduction. I mean, you know -- thank you very much. Chairman Sanchez: OK. Any further discussion? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. BH.12 04-01048 RESOLUTION City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, IN THE AMOUNT OF $985,730, EXCLUDING DEPRECIATION. 04-01048-cover memo.pdf 04-01048-memo. pdf 04-01048-exh ib it. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0664 Chairman Sanchez: BH-- Vice Chairman Gonzalez: 13. Chairman Sanchez: -- 12. Vice Chairman Gonzalez: 12. Chairman Sanchez: -- is approving and adopting the annual budget of the Department of Off- street Parking to provide for the operation of Gusman Center for the Performing Arts in the Olympia Building for fiscal year -- Vice Chairman Gonzalez: Move BH 12. Chairman Sanchez: -- commencing -- OK. Commissioner Winton: Second Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: Second. Chairman Sanchez: It is open for discussion. Has that budget also been amended? Unidentified Speaker: Discussion -- just discuss the Gusman budget, yeah. Chairman Sanchez: Executive -- Larry Spring (Strategic Planning, Budgeting & Performance): Commissioner, the portion of their budget is actually covered by interlocal between us and the -- Chairman Sanchez: All right. Mr. Spring: -- Parking Authority, so -- Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BH.13 04-01049 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, ATTACHED AND INCORPORATED, IN THE AMOUNT OF $9,493,029, EXCLUDING DEPRECIATION, AND OTHER NON -OPERATING EXPENSES OF $2,307,667. 04-01049-cover memo.pdf 04-01049-memo. pdf 04-01049-letter. pdf 04-01049-exh ib it. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0665 Chairman Sanchez: BH.13. It's a resolution of the City of Miami Commission -- Commissioner Winton: Approving their budget. Chairman Sanchez: -- with attachments, approving and adopting the annual budget for the Department of Off-street Parking for fiscal year commencing October I, 204, [sic] -- Commissioner Winton: So move. Chairman Sanchez: -- ending September 30, 205 [sic]. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. Special Meeting for Emergency Hurricane Relief for Haiti Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado 04-01125 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CREATION OF AN "EMERGENCY RELIEF TASK FORCE ON HAITI" (" TASK FORCE") COMPOSED OF PEOPLE WITH EXPERTISE IN THE FIELDS OF PUBLIC HEALTH, RESEARCH, RESCUE OPERATIONS, MEDIA AND TRANSPORTATION AS NAMED HEREIN, TO CONDUCT A RAPID ASSESSMENT OF THE SITUATION IN HAITI IN THE AFTERMATH City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 OF HURRICANE JEANNE ("HURRICANE"); PRIORITIZING URGENT HEALTH AND SOCIOECONOMIC NEEDS OF THE FAMILIES AFFECTED BY THE HURRICANE; AUTHORIZING THE CITY MANAGER TO EXPEND APPROPRIATED FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, TO ASSIST THE VICTIMS OF THE HURRICANE PURSUANT TO THE RECOMMENDATIONS OF THE TASK FORCE; ALLOCATING FUNDS FROM A SOURCE IDENTIFIED BY THE CITY MANAGER. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0667 Direction to the City Manager by Commissioner Winton to meet with Chairman Sanchez and Ms. Carline Paul, Vice Chair of the Little Haiti Relief Effort Committee, to try to assist with proposed event to raise funds for victims of Hurricane Jeanne in Haiti. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to adjourn the Special Meeting on the FY 2005 Budget. Chairman Sanchez: Madam Clerk, does that conclude our budget? Priscilla A. Thompson (City Clerk): Yes, sir, all items related to the budget have been concluded Chairman Sanchez: All right. Therefore, that concludes the budget hearing. We did advertise and voted on to have one item before we go into the special meeting, reference appointment and process for the vacancy of District 5. We did advertise -- Mr. City Attorney, do we have to close the meeting, then open up another meeting? Jorge L. Fernandez (City Attorney): Yes. You are now doing a special called meeting. Chairman Sanchez: OK. Mr. Fernandez: So the budget hearing has concluded. Chairman Sanchez: So therefore, the budget hearing -- there's a motion to adjourn? Vice Chairman Gonzalez: Motion to adjourn. Mr. Fernandez: Yes. Chairman Sanchez: OK, there's a motion to adjourn. Is there a second? Commissioner Winton: Second. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK, the budget hearing has been adjourned, and we open up a -- Mr. Fernandez: A special called meeting. City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: -- a special called meeting for one item, and then we're going to have to open up another -- the other meeting, right? Mr. Fernandez: Yes, and then you close this one and open the next one. Chairman Sanchez: This meeting was called by a vote of the Commission and it's in reference to approve, on an emergency basis, a resolution of the City of Miami directing the creation of an Emergency Relief Task Force on Haiti, composed of people with expertise in the field of public health, research, rescue operation, media and transportation, as named herein, to conduct a rapid assessment of the situation in Haiti, in the aftermath of Hurricane Jeanne; prioritizing urgent health and cycle economic needs of the families affected by the hurricane; approving a written report; making recommendations to the board of City Commission and the City Manager on how to best spend and appropriation of funds in the amount not to exceed $25, 000 to the victims of Hurricane Jeanne within one week. Is there a motion? Vice Chairman Gonzalez: I'll move it. Commissioner Winton: So moved Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Regalado: Question. Chairman Sanchez: Is there a second? Second by Commissioner Winton. It is open for discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: What is the role of the Emergency Relief Task Force in Haiti? Can somebody tell me? Mr. Manager. Chairman Sanchez: Mr. City Manager. Joe Arriola (City Manager): Commissioner, it's basically for relief help for Haiti, and you have named the board here, and this board will come back and recommend to you all how to best allocate this money in this relief effort. Commissioner Regalado: But it says here within one week. We don't meet in one week. Commissioner Winton: Their report comes back in one week. Mr. Arriola: Well, they will have a recommendation within one week, and then we can bring it up to Commission meeting -- for the next Commission meeting. Chairman Sanchez: As long as I'm -- Commissioner Regalado: OK. Chairman Sanchez: -- provided with one within one week in writing, I don't have a problem with it. Mr. Arriola: Yeah. Commissioner Regalado: And I'm just asking because -- I mean, the situation calls for urgency, and 1 don't know what these people are going to be doing, but you know, I'm fine. I mean, if they can report back to the City Commission through the City Manager within one week, then 1 guess City of Miami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 that maybe the City Attorney can say that, if we are OK within 24 hours or 44 -- 48 hours, the money can be spent. Mr. Fernandez: It'd be fine. Commissioner Regalado: Don't go -- Tim, don't go. One second. Mr. Fernandez: Yeah, the -- Commissioner Regalado: Because I don't understand. The reason I'm asking is that I don't understand "within one week, " but it's a recommendation to the City Commission, so they know - Mr. Arriola: Commissioner, if you want to make it for next Commission meeting, that's fine. Commissioner Regalado: No, no, no, no. Commissioner Winton: He wants -- he -- let me -- may I help you here? Commissioner Regalado: Look, I don't have a problem with them getting the money tomorrow and spending the money tomorrow, but 1 don't know understand the part they have to come back to the City Commission to report -- for us to approve. If we are appointing them, they should know what to do, and that was my point. My point is, if we appoint this group, they just go ahead and do whatever they have to do with the money. Mr. Arriola: I'm fine with that, Commissioner. Commissioner Regalado: Huh? Mr. Arriola: I'm absolutely fine with that. Commissioner Winton: And give the City Manager -- Mr. Arriola: I just did it to -- Commissioner Winton: -- authorization to -- Mr. Arriola: -- protect you all. That's all. Commissioner Regalado: OK. The other thing is that there was a lady who was -- and Mr. Chairman, if you would allow, she -- I think that they are going to do a food drive in Bayfront Park. I don't know exactly. Chairman Sanchez: Well -- Mr. Arriola: We're also having a -- Chairman Sanchez: Wait, wait, wait. Mr. Arriola: -- food drive in -- I'm sorry. Chairman Sanchez: If I'm not mistaken, Mr. City Attorney, guide me here, but this is a special meeting just to address this item. We cannot discuss any other item. Mr. Fernandez: And this is only on the issue of Haiti. City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Regalado: On the -- hello. Carline Paul: That's exactly what I'm going to be talking about, Haiti. Commissioner Regalado: Hello. This is Haiti. Ms. Paul: I'm Haitian. (UNINTELLIGIBLE) Creole (UNINTELLIGIBLE) for Life. My name is Carline Paul. I am the vice chair of the CAA (Community Action Agency) that's in Little River, Little Haiti Committee. We meet one -- first Tuesday of every month, at 120 Northeast 59th Street, in the great City of Miami. I come before you to let you know that we had the opportunity to go in front of the Trust yesterday morning, and we requested a minimum grant of $5, 000 in order for us to put an event together that would raise funds for the Haitians that have been affected by this particular event in Haiti, and we are grateful to the City, and now there are a lot of spending that's going to be coming. We're putting together an event at Bayfront Park, so we would like the Commission to consider helping us with City of Miami Police, because the majority of the time that's where the bulk of the money goes, and we are willing to work with the County and other municipalities to see if we can do a project where we bring cities -- all the city polices together in order to minimize the cost, so I would appreciate if you can help us in that process. Thank you. Chairman Sanchez: Thank you, ma'am. All right. It's a resolution. All in favor, say "aye." Commissioner Winton: Well, it's -- hold on, hold on, hold on. Commissioner Regalado: Aye, but what we were going to do with this? Commissioner Winton: Well -- Chairman Sanchez: Well, see -- Commissioner Winton: Hold -- let me -- Chairman Sanchez: Mr. City Attorney -- wait. Let's get this --1 mean, this is a special meeting pertaining to this. I don't think they're the same organization, so we've got to be very careful how we do this because -- Mr. Fernandez: Right. The special called meeting deals with the creation of this task force and the allocation of $25, 000 to this task force. The presenter spoke about additional sums of money, perhaps for the same cause, but with a different focus, so it's clearly up to this Commission to make a finding as to whether she is in order with regard to her request for additional funds. Commissioner Winton: So, 1 would suggest you -- Ms. Paul: Mr. Chair, I'm not even aware of that task force and I'm Haitian -American, and we've Chairman Sanchez: All right, ma'am. Ms. Paul: -- been doing a lot of stuff in this community, and we are doing it for one particular cause, which is our beloved country, and it is saddened to see today in the Miami Herald one County employee buried 19 people out of their family, and the need is there, and we have 99 JAMZ, who came on board, who told us that they are going to take us under our wing, bring in some hip -hop artists in order to raise some fund for this community that badly needs it. City of Miami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: Ma'am, I understand Ms. Paul: And I'm not part of this task force. I'd like to know who it is. Chairman Sanchez: OK, but ma'am, under the procedures that we're guided here under our City Charter, it was a special meeting to address this resolution. Apparently, we can't discuss any other issue pertaining to this, not pertaining to this issue and, apparently, what you're asking for is, you know, we can't discuss it right now. It's in violation of the City Charter on that. Ms. Paul: 1 understand. I am asking -- Chairman Sanchez: It's a concern that I have. Ms. Paul: I am asking -- Chairman Sanchez: And I'm trying to explain that to you. Ms. Paul: Yes. Chairman Sanchez: 1 understand the concern. The City Commission and the City administration is trying to do everything we can to help the situation in Haiti, but under the rules that we are governed, we cannot discuss anything that was not properly advertised to discuss, so Ms. Paul: Well -- Chairman Sanchez: I hope that you understand that. Ms. Paul: I understand that very well, Mr. Chair, and what I'm doing right now is asking for unusual -- Chairman Sanchez: We cannot take -- Ms. Paul: -- things at unusual time for some unusual circumstances that are beyond our control. Chairman Sanchez: Ma'am -- Ms. Paul: And basically, 1 just need the City to come together and help us with police. Thank you. Chairman Sanchez: Thank you, ma'am. OK. Are we prepared to vote on this resolution? Vice Chairman Gonzalez: Mr. Chairman. Commissioner Winton: Well, 1--I'm sorry. Vice Chairman Gonzalez:: Sorry. Go ahead. Chairman Sanchez: Mr. Vice Chairman. Commissioner Winton: On this motion, though, what Commissioner Regalado was saying, the way the motion is written, there's going to be a process that's probably going to take two years -- two years -- maybe two years -- City of Miami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Regalado: Two weeks. Commissioner Winton: -- but certainly two weeks or three weeks to get the money moving, and what Commissioner Regalado is suggesting -- Commissioner Regalado: Do it now. Commissioner Winton: -- is that we cut that down, and so Mr. City Attorney, you give us some guidance here -- Mr. Fernandez:: Yes. Commissioner Winton: -- but we want to give the City Manager authorization to get that money moving, as soon as he is sure that it's going to be spent on legitimate expenses, so -- and if he has that assurance tomorrow, write the check tomorrow. That's what Commissioner Regalado's point is, that I agree with. Commissioner Regalado: But I'm saying -- Commissioner Winton: That I agree with. Mr. Fernandez: Correct. Chairman Sanchez: This resolution does that. Commissioner Regalado: No, no, no. Commissioner Winton: No, it doesn't. Mr. Fernandez: No. Chairman Sanchez: It's just a proviso. Commissioner Winton: No, it doesn't. Commissioner Regalado: No, it doesn't. Mr. Fernandez: This resolution, the way it was originally drafted, was to await the report from this -- Commissioner Regalado: Right. Mr. Fernandez: -- committee -- Vice Chairman Gonzalez: Task force. Mr. Fernandez: -- that you're creating to the Commission, and what's presently on the floor, ready to be voted on is a directive to the City Administrator, City Manager that he can go ahead and spend the $25, 000 forthwith upon his working with his group in ascertaining that it's an appropriate expenditure of public funds. Commissioner Winton: That's the modified motion -- Mr. Fernandez: Correct. City of Miami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: OK. Do -- Commissioner Winton: -- that 1 would move. Chairman Sanchez: OK. There is -- Vice Chairman Gonzalez: And I will second, as amended. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez, as amended. Any further discussion from the Commission? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. Vice Chairman Gonzalez: And Mr. Chairman -- Chairman Sanchez: Yes. Vice Chairman Gonzalez: -- as of the lady's request, the situation in Haiti is not a situation that is going to be solved in two weeks or three weeks. 1 think that that many events are going to have to be done in order to assist Haiti on their needs, so what I suggest is that the -- Madam, that you get together with the administration and place an item for discussion on the agenda, so we can discuss it and approve some kind of assistance. Pardon me? Ms. Paul: (INAUDIBLE) October 11 th. Vice Chairman Gonzalez: Pardon me? Ms. Paul: (INAUDIBLE) October 11 th. Vice Chairman Gonzalez: Well, we don't have a Commission meeting before October 11 th, do we? Chairman Sanchez: We can discuss it. Vice Chairman Gonzalez: Do we have -- when is our next Commission meeting? Mr. Fernandez: October 11 th. October 11 th. Vice Chairman Gonzalez: Madam Clerk, when is our next Commission meeting? Ms. Thompson: October 14th. Commissioner Winton: 14th. Vice Chairman Gonzalez: Well -- Commissioner Winton: Well, maybe the Chair can take this issue up with the Manager after the meeting in some fashion or another, and try to figure out some way to deal with this. Vice Chairman Gonzalez: Maybe try to -- City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: All right. Vice Chairman Gonzalez: -- find some type of solution. Yeah. Chairman Sanchez: OK We'll do that, ma'am. That concludes this meeting. We need a motion to adjourn this meeting. Need a motion. Commissioner Winton: So move. Vice Chairman Gonzalez: Motion to adjourn. Chairman Sanchez: And a second. Vice Chairman Gonzalez: Second. Chairman Sanchez: Discussion? Hearing none, all in favor of adjourning this meeting, say " aye." The Commission (Collectively): Aye. Chairman Sanchez: And opposition, say "nay." The motion passes unanimously to adjourn this meeting. We will take a ten-minute recess, and we'll come back for the special meeting pertaining to the vacancy of District 5 or the action taken by this Commission, so we will be in recess for ten minutes. Thank you. Well be back. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to adjourn the Special Meeting on the emergency hurricane relief to Haiti. Special Meeting to Fill Vacancy in District Five Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado 04-01129 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and resulted in a tie vote (no action), with Commissioner Winton and Chairman Sanchez voting against the measure to schedule a special election for filling the vacant District 5 Commission seat. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to schedule a Special Commission meeting on Friday, October 1, 2004 at 3 p.m. to consider filling the vacant District 5 Commission seat. 04-01129 - submittal - 1.pdf 04-01129 - submittal - 2.pdf MOTION A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to adjourn the Special Meeting to consider filling the vacant seat in Commission District 5. Chairman Sanchez: A special meeting of the City of Miami Commission has been called to order . This meeting was called to discuss the process to fill the vacant City Commission seat of District 5. Let me just read something into the record that needs to be straight, so we could have a properly run -- and a meeting of order, so we could have an uninterrupted meeting. Any City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 person making any slanderous remark, or who becomes belligerent, or addressed by -- addressing this Commission, will be asked to leave by the Sergeant at arms. We ask you that, when others speak, you be quiet and you respect their opinion on this matter. This is a public meeting, not a public hearing. However, the powers invested in me, as the Chair, can extend courtesy for limited public discussion. Just for my information, how many are here today in support of a referendum or a special election, by a show of hands? Thank you very much. How many are here in support of a nomination process or an appointment process? Please show hands. OK. How many will be speaking on the issue? OK, so in all fairness, what I need to do is, that both sides are going to have ample opportunity to address this Commission, so what we could do is separate time to both sides. I will limit time to -- for you to express your concerns and opinion. Let's say we do 25 minutes provided to each side to address this legislative body, then we will close the public debate, and then we'll open for debate and action from this Commission, so we'll do that. If we could have the group that is in support of a referendum, and that is an election, come to this and line up. Also, please, talk to the City Clerk and make sure that your name is signed on the sheet. You will be limited to 25 minutes. We -- is 25 minutes sufficient? Unidentified Speaker: No. Commissioner Winton: Yeah. Chairman Sanchez: No, no, not 25 minutes per person. No, no, no, no, no, no, no. 25 minutes - - please, we got to have order. OK, 25 minutes total to both sides. Now, you could do a variety of things: One is, you could select speakers to come and represent you, who could speak on your -- on the matter, or you could select to go up, but once your 25 minutes are up, in all fairness, 1 must turn off the mike so, Madam Clerk, you -- Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: -- need to assist me as to provide the proper time so they could speak. Yes, Mr. City Attorney. Mr. Fernandez: Yeah. It would also be advisable, besides the limitation of 25 minutes, that you would discuss imposing a per person limit, not to exceed two, three minutes because, otherwise, internal to the group, they may not be so well organized, and one person may be taking six or seven minutes total. Chairman Sanchez: Point well taken into advisement. We'll limit to two minutes per person, that way everyone can have an opportunity to address this Commission. OK? Mr. Fernandez: And, at that, Mr. Chairman, then the math indicates that there will be approximately 12 to 13 individuals speaking, so you need to -- at that point, then everyone in the audience that would be speaking need to understand that when you get to the 8th or 9th, you might as well get representative spokesperson for your -- Chairman Sanchez: All right, but let's have organization. Let's do this. Please listen to me. All those that are in favor of a referendum special election, come to this podium, please. All those that are in favor of an appointment process, please come to this podium, please. Commissioner Winton: Well, are they going to have to stand 25 minutes (UNINTELLIGIBLE)? Chairman Sanchez: All right. Let's try to do this in a very respectful manner. We don't want to deny anybody the public forum to address this but, however, it is a public meeting, not a public hearing and, therefore, we're going to limit the debate based on the powers invested by -- on me City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 as the Chair, OK? All right, so at this time, what we'll do is we'll open up the public discussion and we'll allow the side that is in support of a referendum, which is a special election. Ma'am, please state your name for the record and your address, and you have limited two minutes, so please work with me, OK? Carline Paul: You got it. Chairman Sanchez: Madam Clerk, start the clock. Ms. Paul: My name is Carline Paul, 120 Northeast 59th Street, Chair of the CAA (Community Action Agency) Edison/Little River/Little Haiti. I come before you today to ask for a special election because I realize the community want both, and in our democratic process in this country, as an immigrant, what I've learned is when there is confusion, we go through an election process, and that the election process will define who will represent someone in this city. The City of Miami has, over the years, gotten very little representation as it relates to the Haitian community until Commissioner Arthur Teele became Commissioner in District 5, and 1 come before you today to let you know being in America and knowing what a Democratic process is like because there are two pendency, I request that the City Commission highly consider it, this particular election to be held in 30 days. Thank you. Chairman Sanchez: Thank you, ma'am. Next speaker. Commissioner Winton: Very succinct. Albena Sumner: My name is Albena Sumner. My address is 1360 Northwest 37 Street, Miami, Florida 33142, situated in District 5. Good evening, Commissioner Sanchez, Gonzalez, Winton, Regalado, Mayor Diaz, Manager Arriola. My purpose here this evening is twofold: One, to address the procedure to replace Commissioner Teele. By law, the Commission may appoint a representative or hold a special election so that the voters of District 5 can elect their representative, and two, I've already addressed the budget matter. District 5 is presently without representation. It is our inalienable right to choose who represents us. I am not talking about what is convenient and expedient. I'm talking about what's right. No backroom deals with whom you perceive to be our so-called leaders, most of whom have not been in the community they purport to represent in decades. They represent themselves. We are the foot soldiers, the grassroots of this community. We get out to vote and it is we who inform the electorate, not those who get -- who use us to get into office and then pander to the agendas of their fundraisers. Believe me, this is one learning experience that will not be soon forgotten. Commissioner Gonzalez, when almost everyone was against your running to represent Allapattah and you called, I was there. I was there because I knew of your passion and many years of work in and for Allapattah. Your organization was one of the first to recognize the accomplishments of our homeowners' association, and 1 need not remind you that voters of District 5, which was then District 1 -- and some of us are still in District 1 -- helped you win the seat you now hold Mayor Diaz, there were enough voters in District 5 who believed in you, as 1 did, and went against the proverbial tie to help you win the office you now hold. You, Mr. Mayor, you, Mr. Manager, and the majority members of the Commission are all here in America living the dream, realizing the right to vote and holding office. You were able to achieve all of this because of the accomplishments of the African -American civil rights movement. How can you then put us under a boot? How can you deny us a special election to represent -- to choose who represents us? Chairman Sanchez: Thank you. Ms. Sumner: Thank you. Chairman Sanchez: Perfect timing. Next speaker. City of Miami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 David Daniels: Good evening. I'm Dave Daniels. I live in -- I have a business at 5501 Northeast 2nd Avenue. I'm supporting the motion because there is a lot of unrest in the community that don't trust the election process; a lot of the community doesn't. They were distrustful of the process of the last general election, the last presidential election, and they fear that the same thing will happen again. It's unfortunate -- they say it was the function of Governor Bush to, in fact, eliminate the representation of Commissioner Teele but, having been done, 1 think that there should be an election. Anybody that you're contemplating appointing, anybody that wishes to be appointed, can, in fact, run to be elected and leave it to the voters. Thank you. Chairman Sanchez: Thank you, sir. Next speaker. Ed Pidermann: Ed Pidermann, president, Miami Association of Firefighters, and I'm speaking on behalf of all of the labor unions and -- because we are limited on time, they asked me to speak for all of them. I could sit here and speak about all of the accomplishments of Commissioner Teele, but what is really at the foundation of this entire argument is the fact that the residents of - - the voters of District 5 should have the ability to pick their own representative, and it's not to speak ill of anybody on this dais because I'm sure that you would do the due diligence and pick somebody who's a fine individual, but the ability to elect our own government officials is one of the cornerstones of the foundation of this country, and if we have the ability to do that -- and in this situation, we do -- we should elect to do that. We should give the voters of District 5 the ability to elect their own elected leader. Thank you. Chairman Sanchez: Thank you, sir. Leroy Jones: Leroy Jones. First, before I start, I'd like to thank everybody on both sides, because I think everybody been handling theyself [sic] in a real professional manner, so hat's off to everybody who's either for the special election or what, but -- one day I gave a speech and 1 talked about how great America was, how I thought America was the best country in the world 1 -- you know, I thought about how I make a good salary. I thought about how I'm able to take my sons on the weekend and do work on property that 1 own and teach them a trade, and be able to actually pay them. I thought about that, but then when I thought -- when I went home, I thought about all the young guys that grew up with me that don't have the same opportunity 1 have, you know, that's not working, that's not doing good, so I had to rethink, and while I was rethinking, 1 was saying to myself well, here go our Hispanic brothers and sisters who come from Cuba and not allowed to vote for who will be the president, who will elect them in Cuba, and not give the people in District 5 the opportunity that they didn't have in Cuba; that's to pick the person who will represent them. Would they want to do that to the people in the City of Miami of District 5? I don't think so, you know, so I thought about how great America was, and when I get home, I'm going to be -- have to tell my 12-year-old son, who wants to run for Mayor one day -- because he's going to ask me what was the decision, and I'm hoping the decision will be to allow the people in District 5 to make that choice to pick who should represent them. Thank you. Chairman Sanchez: Thank you, sir. Next speaker. Nathaniel Wilcox: Good evening, to the Supreme Court -- to Commissioners. Chairman Sanchez: The Supreme Court? Mr. Wilcox: My name is Nathaniel Wilcox. I'm executive director of PULSE -- that's People United to Lead the Struggle for Equality -- and I stand representing the organization that brought about the federal lawsuit to have district representation here in the City of Miami. Once again, we are coming before you seeking that that electoral process work in our behalf It is very important that the black community be given the opportunity to elect, not for someone else City of Miami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 to select our representatives. In the year 2000, the black community cried, "Bush stole the election." 2004, we're still hearing that resound in our community, Bush stole the election because he was appointed, they're saying, by the Supreme Court. He was appointed by the Supreme Court and not elected, and we want the opportunity in our community -- the 80,000 constituents that's in District 5, want the opportunity to select their own representatives and not have the Supreme Court appoint a person of their choosing, or the City Commission to appoint a person of your choosing, but hear the electoral voice of the people of District 5. We want a fair, we want an equitable process. We want a democratic process. We don't want someone anointed to select us. There are many individuals who desire to have district -- to be Commissioner of District 5, and we're saying let them run. Bishop Curry, let him run. Jacqui Colyer, let them run . Pierre Rutledge, let him run; Tony Crapp, Rhonda Vangates, Cynthia Colyer, let them run, and let the people in that district select their representative. Chairman Sanchez: Thank you. Next speaker. We -- under the rules that we have here, we ask you not to cheer or clap, please. Please bear with us. Sir. William Mauzy: I'm Bill Mauzy, president/CEO (Chief Executive Officer) of BAME (Bethel African Methodist Episcopal) Development Corporation, Inc. and I represent Greater Bethel AME (African Methodist Episcopal) Church in Overtown. 1 can recall, since I've been in town, that there was one other appointee in the black community for a very short period of time. I can't go back and pick up a lot of things that were done that was a great benefit to the community during that period of time, but I do have a major list of things that I know that has happened since our elected official Teele was in, even though he may be out at the moment. He saved the historic black structures in Overtown. He prevented the land giveaway to a Crosswinds deal by insisting on appraisals. He forced an RFP (Request for Proposals) for the sale of the Overtown land. He supported extending the RFP deadline submitted for the date of the parcel 36 to ensure fair play, as it relates to redevelopment in Overtown. He insisted that the RFP address the community needs, such as it included parcels and packages in there for a Lyric Theater expansion. He set in motion the procedures to establish a fund for the development -- community development with funds from the land -- the sale of the land that we have in Overtown. He established a commercial fund program for the 3rd Avenue Commercial District. He crafted a pool of funds to save the park -- Town Park Village. There's 151 families up there and I happen to be working with -- or they were about to go under in foreclosure. His work allowed the CDCs (Community Development Corporations) and other nonprofits to participate in the redevelopment of Overtown, which, in the past, it had not been able to do up 'til that -- at that level. He encouraged nonprofits and for -profits to develop partnerships in Overtown so everybody could get a share -- a fair share of what was going on. He did not allow the hurry sales of Overtown land, thus, preventing gentrification. We need to have an elected person that's going to come onboard and support the deeds and the desires of the people that are in the community. Chairman Sanchez: Thank you, sir. Mr. Mauzy: Thank you very much. Chairman Sanchez: Thank you so much. Next speaker, please. Reverend Vincent Mitchell: Yes. I'm the Reverend Vincent F. Mitchell, pastor of St. Paul African Methodist Episcopal Church, 1866 Northwest 51 st Terrace. There are several clergy persons that stand for the right and process of the vote so, therefore, I yield to the bishop who will speak in our regard. Chairman Sanchez: Thank you. City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Bishop Jacob Cohen: Hi. I'm Bishop Jacob Cohen of the Church of God in Christ, 1747 Northwest 3rd Avenue. I represent people in that area who lives in the area. Now, we have gone to wars. We have died in wars for freedom. We have endured slavery. We have come to a point when the City of Miami was created and many black men signed the petition to create this city. My father was one of the men that was a signer on the petition. Now, we come to a time now when we'd like to elect our own representatives, whoever it may be. Now, if -- whatever the people say, this is what we would follow, but I would that you would give the people a chance, instead of thinking we're bozos, but that we are people of intelligence and that knows what we want and when we want it, and I don't see no reason why you could not give us a special election for District 5. Chairman Sanchez: Thank you, sir. Next speaker. Pastor Rudolph Daniels: I'm Pastor Rudolph Daniels. Good evening. Macedonia Missionary Baptist Church, located in beautiful Coconut Grove. I've lived in the community since 1941; went to high school (UNINTELLIGIBLE) Carver, sports and all that. Went through Overtown, spent part of my life there, and then in Liberty City, 32 years; back in the Grove, 21, so I -- there's a burden in my heart and I know that Commissioner Teele did an awesome job. He was wise. He knew what was coming up; he knew what was going down, and we need someone in our community that understands who we are. We pay our taxes as well as anyone else. 1 certainly have been out of work since 1941 about three weeks in all that time, so I've paid my taxes. I'm concerned. Our church is 109 years old. That doesn't have a lot to do with it, but I really believe that District 5 should be able to select. They know their community. They deserve it, and you just ought to do what is right. Treat the people that live there right. Treat them right, and that's a godly thing to do, and God bless you. Thank you. Chairman Sanchez: God bless you, sir. Cynthia Blanc: Good afternoon. My name is Cynthia Blanc. I am a resident, homeowner and entrepreneur in Little Haiti. Unlike most of the people here, I am just concerned with one thing I want to hear, where everyone -- what their place of residence is, if they are really products, or if they are really residents of District 5 because 1 am, and it always amazes me whenever there's a public hearing, so many people are concerned about my community or District 5, but I'm here at every Commission meeting and all of these people that I see here, I never see them, so I just would like for everyone, please, when you speak, just let us know what you are -- who you are, what area you are a resident of because I am a resident and product of Little Haiti, of District 5, and my son and daughter are here with me, Michael and Daphne, and we are here asking you -- well, to let you know that we support a special election. Everyone was so upset and everyone thought that they were so affected with the presidential election four years ago, but I feel that it's the same thing that's happening again. Most of the people who were opposed to what happened with the president elect -- presidential election, it seems as if we're -- we are doing it another way, under the table, sneaky, if 1 should say. Please give my community, my friends, my neighbors, my business associates, the opportunity to vote for our next Commissioner. Thank you. Chairman Sanchez: Thank you, ma'am. Herschel Haynes: Afternoon, Chairman Sanchez and distinguished Commissioners. Chairman Sanchez: Good afternoon. Mr. Haynes: Because 1 was charged to come before you and because I represent a coalition of homeowners association, if1 may, I'd like to read what I was charged to come here to read, and if I may, 1 have a few words to say after that. This here just says, "Dear Mr. Chairman and Mr. Mayor, yesterday evening the Hadley Park/Model Cities Homeowners City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Association hosted a special meeting of a coalition of homeowners associations in District 5. We met to address the vacancy of the District 5 Commission seat created by the recent Governor's suspension of Arthur Teele. Attached is a copy of our agenda and our sign -in sheet. In our meeting, we discussed the vacancy of the District 5 seat and what we would like to see done. In our discussion, we developed a consensus around two issues: The City Commission should recess today's budget meeting at 6 p.m. to allow for discussion on the issue of the vacancy of District 5 seat." We know -- I know that's already been done. "If the Commission does not see fit to recess at 6 p.m., then consider this a written request for an opportunity to be heard at a time convenient to the community within the 10-day deadline for action. In our discussions, we also took a vote on the question of which of the two options we favored. The voting was as follows: Special election, 23; Commission appointment, 3, with abstentions, 2." With two abstentions. "As the chair of the body -- of this body, 1 respectfully submit this letter to you for deliberation. It is my desire that the City Commission take this letter as a record of advisement from this coalition of chairperson and board members of homeowners association within District 5." Chairman Sanchez: Thank you, sir. Mr. Haynes: "Respectfully, Hershel Haynes." Chairman Sanchez: Thank you, sir. Could you hand that over to the Clerk -- Commissioner Winton: He did Chairman Sanchez: -- as for the record? Mr. Haynes: I think -- Chairman Sanchez: You already did? Mr. Haynes: -- it has already been submitted -- Commissioner Regalado: We have it. Mr. Haynes: -- to record. Chairman Sanchez: OK. Thank you so much. Mr. Haynes: OK. Chairman Sanchez: Next speaker. Mr. Haynes: All right. James Moss: Mr. Commissioners, good evening. My name is James Moss. 1 live at 1357 Northwest 70 Street in Miami, Florida, in District 5. I am the president emeritus of the Bahamian American Federation, with full authority by the president to represent its members here at this meeting. We are concerned, we are deeply moved, and we would like very much to have the representative of our district elected by the electoral process, and I do ask, on behalf of those people that I represent, to see to it that that happens. Thank you. Chairman Sanchez: Thank you, sir. Elsie Hubbard: Good afternoon, City Commission. City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: Good afternoon. Ms. Hubbard: My name is Elsie Hubbard and I live at Town Park Village #1. I've been living there 33 years, and a registered vote since 1964, and I want to thank you for you all helping Town Park Village, but my most important thing is, I think we should choose our own Commission. That's how we put Teele in, so give us the same opportunity to do the same thing this time. Thank you very much. Lillian Slater: My name is Lillian Slater. I live at Town Park Village, 1640 Northwest 4th Avenue, Apartment 10C, in District 5. Here a couple of months ago, we stood before you and asked about some money for the 151 units was going out on the streets, and Commissioner Teele, he came before you all for us, and I want to thank you all for everything, but we're in the process now and would you please let us get our own Commissioner that we'd like to have because we have a process going on now, and we don't want that process to go away because our 151 units, that's a lot of people out there and a lot of children we got there and old people. I'm old myself and 1 don't want to go on the street, so let us have our own Commissioner in our district. Thank you. Chairman Sanchez: Thank you, ma'am. Mariano Cruz: Hi. Mariano Cruz, 1227 Northwest 26th Street. I am for election, and the reason I am for election is even the District 5 Commissioner is elected by District 5 people, he votes in issues affecting me, affecting all the people of the community because you vote for everything. You're one vote out of five for all issues that affect Miami, not just the issues in your district. It's important for me to have somebody that's elected Another appointment, I don't know who they are or anything but election, and don't tell me that it -- can't have election. In Opa-Locka, it just happened. The other day, Mrs. Taylor was taken as the Mayor. They have an election, that's fine. (UNINTELLIGIBLE) fine, fine, and now don't tell me that it costs a lot of money because the City, just a few weeks ago, give $200, 000 to MTV (Music Television), so there's money -- to give money to MTV, there is money for the election. That's there, and that's our money, too, and the only thing I do -- and I hope is that either Commissioner Teele is exonerated (UNINTELLIGIBLE) Teele is exonerated either by the State Attorney dropping charge or being found not guilty in court. Thank you. Chairman Sanchez: All right. Ma'am, state your name for the record Chanel Charles: Yes. Chanel Charles. I live at 244 Northeast 57th Street, in Little Haiti. 1 thought about what was going on here and I listened to some of the names that were mentioned when they decided that the Commission might pick someone for us, and there's one person within that group that I really respect, and I know he's a person of quality, but then I thought again and 1 said, what about our foreparents [sic] who died for us to have the right to vote, and what about some of you who probably your family came here because of that same right. They wanted the right to vote, and I think that it's important for us, as a community, to be able to pick who we want. This person that I'm thinking about, he's too much like Teele; they'll probably not pick him because he's a person of etiquette. Chairman Sanchez: Thank you. Ms. Charles: Very good person. Thank you. Chairman Sanchez: Thank you, ma'am. The time for your group expires at 39, so 1 think we could get all the speakers. Come on, ma'am. Farah Juste: Farah Juste (UNINTELLIGIBLE), 54 Northeast 2nd Avenue. I come from a City of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 country where democracy is a very big deal; we have to fight for it. When they tell the president that was removed by the police, and today we find Teele in the same situation. In America, if I understand clearly, you are innocent until proven guilty. Therefore, we are asking for a special election so the people can choose whatever they want to choose. Thank you. Chairman Sanchez: Thank you, ma'am. Sir. John Pace: My name is John Pace, 1830 Northwest 88 Terrace. Good evening. I'm here representing the neighbors of 925 58th Street, Reverend Richard James Collier. I'm here today and I thought about what to support. I thought about the first slave that decided to escape. If he met with the group and decided to stay and work with the masters. We no longer want masters here today. We want people to allow us to have the right to have a special election. 1 also represent the Vietnam vet. In 1969, when I was sent over to catch bullets, I was protecting this country for everyone to have a right to vote. If you take that away tonight from this community in District 5, you've just recreated the Vietnam of the new era. All we have is a vote, and we want to use that vote to have representation for people of this city in this community for District 5. Do not, do not Commissioners, take it away because we will remember. Thank you. Chairman Sanchez: Thank you, sir. We have about three more minutes. Luis Penelas: Luis Penelas, 133 Northeast 47th Street, chair of the Buena Vista East Neighborhood Association in Little Haiti, here to urge you to please give us the opportunity to choose our own Commissioner. There's over a year left. There's a lot of unfinished business that we need to take care of So far, I'm not hearing the right things. Pm hearing we need to appoint this one because he's black, or this one because he's a woman, or this one because he's Haitian. I haven't heard anything about we need to get somebody in there with integrity and with a willingness to serve their community. That's what we need above anything else. Let us choose it. Thank you. Chairman Sanchez: All right. Ma'am. Marie Wimms: Good evening, Commissioners. I'm Marie Wimms from Town Park Plaza South, and I'm sure all of these here appointees is good people, but please give us the right to choose. Chairman Sanchez: Thank you. Ms. Wimms: Thank you. Chairman Sanchez: Thank you so much. Mr. Flowers, if you could be so kind. You might give the gentleman behind you an opportunity, too, sir. Charles J. Flowers: Chairman, Vice Chairman and honorable Commissioners, I'm Charles J. Flowers, 1000 -- Pm sorry -- 1000 Northwest North River Drive. Everything been said before me . I'm here to say 1 support election. 1, too, served for many years in the military. I, too, also fought for the freedom to elect the -- your own representative. Thank you. Chairman Sanchez: Thank you. Sir, you'll be the last speaker and then we'll close your side. Georges William: Georges William, 4584 Northeast 2nd Avenue, Miami. 1 support for the election, and the purpose of it, Mr. Commissioner, is anybody you pick up always going to have criticize, but if you went for election, you'll be out of criticism, so thank you. Chairman Sanchez: OK. Thank you very much. I do want to take this opportunity to thank all those that came up to speak to the podium for your profresionalism and your courtesy and, really, that's great to have you here at City Hall. Now, we'll move on to the other side, and they City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 will have the same amount of time. We will time them, Madam Clerk. I do believe -- is that all the speakers that'll be speaking? Are there any more that'll be speaking -- OK. We will give you two minutes each, and you will have the same amount, 30 minutes, OK? So, sir, we'll start with you. State your name for the record -- Arnold Mobley: Yes. Chairman Sanchez: -- and then you'll have two minutes. Mr. Mobley: My name is Arnold Mobley, 740 Northwest 4th Street, Miami, Florida. I represent the Veterans Employment and Transition Service, about several thousand veterans. Now the voters of the City of Miami, specifically those in District 5 of the City of Miami, believe that, in a perfect situation, it is preferred that you allow the voters of District 5 to express their choice of a representative on the Commission of -- for District 5, through their voice at the polls. That's in a perfect situation. Sounds like I'm for the election, but we have a broken electoral process. With the current election system in disarray, we believe there shouldn't even be any elections in South Florida because we have no idea of knowing who voted for who, or what have you what. The federal circuit -- the federal appellate court just sent a lawsuit back down to the lower court and said, you must hear this about voter verified paper trail, so -- now, there are other important fiscal considerations involved, such as the fact that the City is short on cash to fund this special election, especially when there will be another election for this very same seat in a little more than a year. Now, Commissioner Teele also has the prospect of being exonerated and coming back. There brings another problem. Now, we -- the biggest problem is we must find a citizen to replace the suspended Commissioner, and it is extremely important, as all of you know, that we have someone in this seat who is capable, knowledgeable of the City of Miami, and the unique problems and situations that exist in the City of Miami and especially those problems that exist in District 5. Chairman Sanchez: Thank you, sir. Mr. Mobley: And my -- Chairman Sanchez: Your two minutes -- Mr. Mobley: OK. Chairman Sanchez: -- are up. Mr. Mobley: I thank you very much. Chairman Sanchez: No. 1 thank you for being so patient. Ma'am. Juanda Ferguson: Juanda Ferguson, Liberty City. Chairman Sanchez: Oh, no, no, sir, not to me. You need -- Ms. Ferguson: I'm for appointment until election. Commissioner Winton: Hey, Juanda, hold up, hold up. Ms. Ferguson: 1 can give you a name whenever you're ready. Chairman Sanchez: Please, I apologize for that. Ms. Fergusion: I said I'm for appointment until election. City of Miami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: OK, but 1 need your name for the record. Did you state your name? Ms. Ferguson: Juanda Ferguson, Liberty City. Commissioner Winton: Yeah, she put her -- Chairman Sanchez: Is that your statement? Ms. Ferguson: Yes. Chairman Sanchez: Have you concluded your -- Ms. Ferguson: Yeah. If it is an appointment, when can I submit the name? Chairman Sanchez: All right. See the City Clerk. Ms. Ferguson: Right now? Chairman Sanchez: Right now or late, or whatever you -- Ms. Ferguson: Would this be a good time to do it? Chairman Sanchez: Give you time to do what? Ms. Ferguson: To submit the name for appointment. Commissioner Winton: Sure. Let her put it on. Chairman Sanchez: Go see her and talk to her. Let the other person talk. Thank you. Tama Twynette: Good evening, everyone. My name is Tama Twynette. I am a resident of Overtown. 1 live there. My P.O. (Post Office) Box is 015262, Miami, Florida. I have observed so much negativeness [sic]in Overtown. There's no leaders there. This Commission should not base a leader because of how big his church is or what he's driving. It is a deep concern of the people, the children, the sinners. 1 have seen this. I have observed this. There's zero, and I thank the Governor for firing Teele because this man was a danger to the community. Chairman Sanchez: Ma'am, 1-- we can't have that, really. You could say whatever you want, but it's not fair for you to make those statements here at the Commission, so please. Ms. Twynette: I'm sorry. I'm sorry. OK. Chairman Sanchez: Please. Thank you so much. Ms. Twynette: OK. Thank you. Chairman Sanchez: He is innocent 'til proven guilty under the -- Ms. Twynette: OK. Chairman Sanchez: -- court of law. Ms. Twynette: But my concern -- City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: All right. All right. Ms. Twynette: -- is the people, the people, the children. 1 observe the children. Overtown is like a baby factory. They have nothing to do there but have sex. We need to open up the Culmer Center. We need to get our children and raise these black children up -- Chairman Sanchez: All right. Ms. Twynette: -- because there's no leaders there. Trash --1 mean, the trash, the stores, the Laundromats; how the upkeep of the community is of such poorness, and we need leaders that's going to come into the community and build the community, not tear it down, not because how big your church is. It's all about getting the right person in that chair -- Commissioner Winton: Two minutes up. Ms. Twynette: -- to help our people. Dr. Martin Luther King stated that we are all inheritants [ sic] of the United States of America, and we not -- and it should not be one have more -- Chairman Sanchez: Ma'am -- Ms. Twynette: -- and others have less. Chairman Sanchez: Ma'am, your two minutes are up. Ms. Twynette: OK Chairman Sanchez: Thank you so much. Ms. Twynette: OK, Mayor. Chairman Sanchez: OK. Thank you. Ms. Twynette: Yes, sir. Chairman Sanchez: Sir, please state your name for the record. Reverend Willie Starks: Good evening, Commissioners and officers. My name is Reverend Willie Starks, 28 year resident of Overtown, president emeritus of the Town Park Plaza North Homeowners Association, the only cooperative that had been successfully in converting to homeownership in a condominium in the City of Miami. Although I am for election, I understand that Mr. Teele is innocent until proven guilty, and I don't see why the City should spend extra money for a special election because Mr. Teele could be placed back in his job, so 1 am simply for appointing a caretaker of that seat until we see the outcome of Mr. Teele, or until the next election come around, so 1 would that you really appoint the people's choice for the District 5 seat. Thank you. Be blessed. Chairman Sanchez: Thank you, sir. Irby McKnight: Good evening. I'm Irby McKnight. 1 live at 1040 Northwest 3rd Avenue, Apartment 2, and I'm here this afternoon to ask for an appointment. We elected the leadership for the district three years ago. The term expires in 14 months. Appointing someone does not deny me my right to vote. My right to vote comes in 2005, and as a gold voter, a person who has registered in 1968 and never not voted, 1 am here to say that I will be at the poll in November 2005 for the election of representation for District 5. If there is an appointment made, 1 will not feel that my vote was denied I will not think that I was not allowed to vote. 1 am happy to see City of Miami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 the number of people who are asking that they be allowed to exercise their right to vote. We had an election on August 31st, and my community -- including District 5 -- but my community had a 12 percent turnout. Thank you. Chairman Sanchez: Thank you, sir. Del Bryan: Mr. Chairman, members of the Commission, good evening. My name is Del Bryan, 201 Northwest 7th Street, and I'm here to talk in favor of an appointment. The reason is for exactly the same reason why most of the speakers on this side said we should have an election. We do have an elected Commissioner, as my previous (UNINTELLIGIBLE) speaker mentioned, and he is suspended That's the operational word, not removed from office, suspended Wisely, the statutes of the City allow for two options: Vacancy filled by appointment and special election. There's a good reason for it, and this situation exactly demonstrates that. Why go through an election and, should the Commissioner be exonerated a few weeks down the road, as there is some saying down the road that he may be, then why put us through that? Someone within our community can serve and we can assist in that process, too, but along with that, there's another factor. The community is really not united sufficiently. We're not sufficiently updated on all the factors, and an appointment would allow us the time to have the necessary conversations among us, come to consensuses. If the City Commissioner is restored to the seat, well have a stronger constituency, and if we need to then go to vote, well be more informed, more educated and more prepared to vote intelligently for proper representation to address the problems mentioned by some of the previous speakers. Thank you. Chairman Sanchez: Thank you. Rosa Green: Good afternoon. Good evening. Rosa Green, 415 Northwest 6th Street, and I'm glad all of you are smiling, but I, too, is for an appointment. I think it would save the taxpayers money. 1 feel that if we were talking about a four-year term, then you would be taking the rights of the citizen, but you're only talking about -- if I were a teacher, you would be talking about a substitute, if we were talking about teachers. You're talking about somebody to stay there until either Commissioner Teele is vindicated, or whatever happens, so it's not like you're saying the people will not get the opportunity to vote for whomever they want there. Also, I feel that while you're selecting, or appointing, you should get the best person for the job. 1t looks easy, but it isn't easy. You can't be for something and against it. You either have to be for it or you're against it, and the people who take the opportunity to come -- or go to the polls and vote, I think you should honor those people, and also, I'd like to say that an election would be very costly when we're talking about, the longest, a year and couple of months and, the least, until he goes before the judge, so I hope you would take that in consideration and give someone else an opportunity because I'm sure, if given the opportunity, someone can prove to us that they are capable of sitting on that dais and doing something for the constituents and the people who go to the polls and vote. Thank you very kindly. Chairman Sanchez: Thank you. Ma'am, state your name and your address for the record, please. Harriet Wilson -Greene: Good evening. My name is Harriet Wilson -Greene. I'm overseer, and today I'm here -- I agree with an appoint -- Chairman Sanchez: Address, please. Ms. Wilson -Greene: Harriet -- 1852 Northwest 47th Terrace, and I also have a church at 4705 Northwest 17th Avenue. I'm here for an appointment. I believe in due process and, right now, we're standing up under due process but, by way of appointment for District 5, we're looking for what's going to best serve the people, and we're asking that you appoint someone that is going to City of Miami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 serve for all the people. I agree with the gentleman earlier about the difference, but we're looking for someone that knows the people, that knows the people; that knows what's going on in the City; that will be able to represent, that will be able to serve us because we are looking for someone to represent us in District 5, and I believe -- and there should be an appointment because of the time that we are standing and what will behold, so let the people's choice speak, and let's have an appointment. Chairman Sanchez: Thank you, ma'am. Charles Cutler: Good evening. My name is Charles Cutler. I live at 654 Northwest 10th Street. I've lived in District 5 for 21 years, which is all my life, which means I'm no stranger to poverty, murder and violence. There lives high crime rates and no jobs for the youth. I just hope that you guys all take in consideration to let the public make this crucial decision to vote someone into the seat. Thank you. Chairman Sanchez: He's up at the podium. Sir, your name and address, please. Christopher Norwood: Yeah. My name is Christopher Norwood. I live at 14844 Blackness Place. I am not from District 5, but I am the treasurer of the Recall Committee for District 5 Commissioner, and the City Clerk can testes towards that. Some years ago, me and some colleagues from District 5 tried to recall the absent Commissioner. What I'm asking for today is that -- of course, a special election would be the most ideal situation in any democracy but, as Irby said, we were looking towards an election in 2005 anyway. What I'm hoping for is that we look towards a new future and that, if anything, whether it's an appointment or a special Commission -- election -- a special election, whatever it may be, let's move forward. If having a special election provides us to move forward, then let's do that. If having an appointment allows us to move forward, let's do that, and I believe having an appointment will allow us to move forward, and I think that's what is for the best for this district. Thank you very much. Chairman Sanchez: Thank you very much. OK. The side -- the individuals in favor of an appointment still have sufficient time -- 8 from -- 'til -- from 7:41 to 8:11. Are there anyone else -- thank you, ma'am. Brenda Colson: Good evening, Commissioners. My name is Brenda Colson. I'm not a part of District 5, but let me tell you, it is about time for us as a black people, ethnic people, Haitian, white, black, to come together to begin to love one another. This is not about voting for an election. This is about putting a man or a woman into office that can be for the good of the people. It's really time that we come together now. This is not a racist thing, not a Haitian thing, or Cuban thing, or black thing, but this is about putting -- whether it's a man of God or woman of God because, listen, hurricanes -- five have come now. God is speaking. God is saying something. It's time now for the people of the church to gather together. Yes. God's people to gather together in this hour, whether it be Bishop Curry or another pastor, or whoever. It's time now that we gather together. Love one another. Support one another. Men, women, girls, blacks, whites; come on, people. Unidentified Speaker: Are you for the election or not? Ms. Colson: I'm for appointment or for election. It doesn't matter, but let's come together. Let's come together. Chairman Sanchez: Thank you, ma'am. Ms. Colson: Thank you. Chairman Sanchez: Anyone else? Anyone else? City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Albena Sumner: Yes. I'd like to -- there is something that I wanted to introduce to each of the Commissioners. Chairman Sanchez: No, ma'am. Ms. Sumner: If I can -- Chairman Sanchez: You're out of order. I will not accept it. You're out of order. Ms. Sumner: That's fine. Chairman Sanchez: OK Anyone from the other group? OK Therefore, last call. I don't want to be labeled as the -- you know, not giving anyone the ample opportunity to address this Commission. I'm a fair person. They still have time. There is no one coming forth, so, therefore, I will -- yes, sir. No, sir. It -- they -- you have to speak on that side. Was that -- I believe you're on the other side. You've already had your 30 minutes -- your 25 minutes, so the public meeting discussion is closed at this time. We'll bring it into the Commission for debate or discussion, and then a proper action. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Commissioner Regalado, you are recognized -- Commissioner Regalado: Thank you, sir. Chairman Sanchez: -- but let's do this the proper way. I -- we have to set order here and please work with me, my colleagues. The due process that's in front of us today allows us, under the City Charter, to do two things: One is to have a -- to vote for a special election or to vote for an appointment, and the proper way to do this, under the Mason's Rules of Procedures Manual, is for whatever the motion is made by one Commissioner for the purpose of discussion must have a second If he does not have a second, then that purpose is not discussed, so we want to state that for the record so we have an orderly meeting and we could, you know, address the concerns of the citizens and the responsibility that we have today in front of us under the City Charter, so you're recognized -- Commissioner Regalado: Thank you. Chairman Sanchez: -- Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman, and following your directions, for the purpose of discussion, I would like to introduce a motion to call for a special election to fill the vacancy of District 5 in the City of Miami. Chairman Sanchez: All right. There is a motion for a call on a special election by Commissioner Regalado. Is there a second? Vice Chairman Gonzalez: 1 will second it for discussion. Commissioner Regalado: OK. Chairman Sanchez: Please, ma'am, young lady. Unidentified Speaker: Yes, sir. Chairman Sanchez: Please. City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Unidentified Speaker: I apologize. Chairman Sanchez: Thank you. Please. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: All right. It is under discussion. Commissioner Regalado, you are recognized on the issue -- Commissioner Regalado: Thank you. Chairman Sanchez: -- for the motion on the table. Commissioner Regalado: Thank you. Thank you very much. 1-- first of all, 1 thank you for the way of handling the different community leaders that came before us, and it was very informative . So much so that the majority, if not all, of the people that came before this board to ask for an appointment agree that an election was a good idea. There's some who said that the City doesn't have the money to have an election. To those people and to -- some people that have sent even faxes -- there is an e-mail from Homestead, somebody say don't have an election because it costs the City money. I wonder if that person ever drives to Miami. To those persons, I ask -- and if they can answer this question, you know, I will do whatever the majority says -- what is the cost of democracy? How much do we have to pay to have democracy in the City of Miami? How much can we afford to have democracy in the City of Miami? Some people say Commissioner Teele may come back, and I really hope he comes back. Some people say, it's only a year, and some of them say about the cost of the money. I'll say that we need to have election, and the reason that we need to have election is because we let the people decide, not these four white guys here, who mean well for the City of Miami and for District 5. Because in this board, there's always support for all the issues of District 5, the Haitian -American community, the Afro- American community, but the point is that, at least this Commissioner, I don't feel qualified to anoint a person that would really represent, in the next 10 days or in the next 10 months, District 5. We don't know. Hopefully, Commissioner Teele will come back, but my idea of a city in peace is giving the chance to anyone, any community, and Mr. Chairman and colleagues, I think that we should let the people speak. It's the right thing to do. Money -- I mean, I pay more federal taxes than local taxes to the County and to the City, and the government is expending my money fighting democracy half -way around the world and I don't complain, so if we can spend a little money having democracy here in the City of Miami, I'm all for it, and that is my motion, Mr. Chairman. I hope that in the course of the night, we could entertain a vote. Chairman Sanchez: OK. The item is under discussion. Anyone wishing to discuss the item? Hearing none -- Vice Chairman Gonzalez: I would like to -- Chairman Sanchez: Commissioner -- Vice Chairman Gonzalez:: -- verify -- Chairman Sanchez: -- Vice Chairman Gonzalez, you're recognized for discussion. Vice Chairman Gonzalez: -- a couple of points. First of all, I believe -- my strong belief is that what we should call for is an appointment, based on the fact that -- when is supposed to -- if we decide to vote on election, when is this election supposed to take place? Mr. Fernandez: If you decide to call a special election, it would be -- there would be a five-day City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 qual Eying period from the date that you call for the special election day, and then the election must take place no sooner than 38 days, no later than 45 days after the five-day qualjing period. Chairman Sanchez: It's simple math. Vice Chairman Gonzalez: So we're talking -- Chairman Sanchez: 38 plus 5 is 43 days. Vice Chairman Gonzalez: 43 days, so we're talking about November -- Commissioner Winton: Four. Vice Chairman Gonzalez: -- the middle of November, or the third week -- Commissioner Winton: 38 or 45, right? Vice Chairman Gonzalez: -- of November, right? Mr. Fernandez:: Yes. Madam City Clerk has been computing those numbers and looking at the calendar, and she has also been in touch with the Supervisor of Elections for the County, which would be the agency that would be conducting the election. You call it, but the County conducts it, and the City Clerk can speak to the issues of when exact dates would be but, clearly, you are beyond the period of time that this election would coincide with the general election scheduled for November 2nd. Vice Chairman Gonzalez: All right, so let's assume that the date of the election be the third week in November. It would take a person to leave his steady job, or her steady job, to run a campaign to fund -raise and to go to an election, and maybe, just by looking at the amount of candidates that want to be appointed, I can tell you that there's going to be a runoff election, and that will mean that these persons -- that there will be a runoff election -- Commissioner Regalado: It's a simple election, not a runoff. Vice Chairman Gonzalez: -- to elect -- Commissioner Regalado: I was elected in one. Vice Chairman Gonzalez: Pardon me? Chairman Sanchez: I believe it's no -- Commissioner Regalado: No. Chairman Sanchez: -- runoff election. Commissioner Regalado: Angel, I was elected in a special election in 1996. When there is a term that has not expired, there is no runoff. It's a simple majority. Vice Chairman Gonzalez: Oh, a simple majority. OK. Commissioner Regalado: 1 had 13 opponents on that race. Vice Chairman Gonzalez: All right, so -- City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Mr. Fernandez: Whoever gets the most votes gets -- Vice Chairman Gonzalez.: All right. OK. I'm sorry about that then, but then, anyways, we were talking about an election on the third week of November. A new Commissioner is going to come in to join us here and, probably, probably, and most probably, in December, this Commissioner is going to be unseated again by Commissioner Teele, who's probably going to be back to join us at this Commission, so that's one point. In reference to appointments being made, and about four white people appointing an Afro-American for this position, you know, that kind of a statement doesn't make me too happy, and the reason is, Humberto Hernandez, who was a Cuban -American, was substituted by Thelma Gibson, and I never heard any Cubans criticizing the fact that Humberto Hernandez was substituted by Thelma Gibson, and the fact is the lady was an honorable lady, and it was the right choice for the Commission at the time, and we had to fill the seat, and the seat, you know, was filled. Then we had Reverend Richard Dunn, who was appointed to replace Commissioner Miller Dawkins back then, and I believe, if my recollection is correct, that the City of Miami Commission has made three or four appointments, and I believe - - if I understand -- if 1 remember correctly, but I believe that the appointment of Reverend Richard Dunn was your appointment, Commissioner Regalado, right? So, I mean, you know, what's being discussed here today is -- you know, make us look like we are against democracy, that we don't believe in elections. What I think that we to look at is the fact that we're talking about a month -- most probability is that we're talking about a month or two months maximum, fill a seat for two months, and let me tell you. Everybody -- you know, we have had persons spoken and 1 did something that 1 don't know what -- you know, if you -- if my colleagues did it, but 1 counted everybody that was in support of election and everybody that was in support of appointment, and I -- and one thing that I really believe is in the majority. You know, if majority -- I go with the majority of people. Whatever the majority wants, that's what 1 support because that's actually democracy, so, you know, that's my statement for now. Commissioner Regalado: Mr. Chairman, may 1 be just recognized? Commissioner Winton: Excuse me. Chairman Sanchez: Sir, you're recognized, but -- Commissioner Regalado: Just, Johnny -- Commissioner Winton: Go ahead. Commissioner Regalado: -- just to clarify. Chairman Sanchez: Then Commissioner Winton, you'll be -- you would be recognized. Commissioner Regalado: To clarify. 1 am so glad that Commissioner Gonzalez brought the issue of Richard Dunn because 1 was here, and 1 can tell you that those days were very trouble for the City of Miami. I remember -- and this is just history because history is the best teacher that we can ever have. Vice Chairman Gonzalez: Right. Commissioner Regalado: 1 remember that that appointment triggered a legal situation that took us to federal court, and I'll tell you why. We -- when Commissioner Dawkins was removed that week, we went into the crisis that we all know, all remember of the City in bankruptcy, and we needed somebody, and the Commission -- the majority of the Commission, actually, decided to appoint Reverend Richard Dunn, but it so happened that Reverend Dunn -- or Mr. Dawkins' term was ending right there, right then in November, and we had -- according to the City City of Miami Page 6! Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Charter, go to an election, and I -- and this was -- I'm sorry -- a citywide election. No districts at that time were here, and at that time, Commissioner Dunn tried to run for election -- re -- election, instead of reelection, election, because he was appointed, and there was a young Cuban -American attorney who also ran citywide. That campaign, I went out and campaigned in the Cuban community for Reverend Richard Dunn and -- Vice Chairman Gonzalez:: Me, too. Me, too, by the way. Me, too. Commissioner Regalado: And you, too because -- Vice Chairman Gonzalez: Against a Cuban -American. Commissioner Regalado: -- Ralph Packingham and you were -- and we campaigned, and it wasn't a betrayal of the Cuban community, but it was about being fair, about having representation, and when this election took place, we lost. I campaigned in the Cuban community and my community decided to go the other way, and the City decided the other way, and they elected -- and the Afro-American community did not had any representative in the City of Miami. Then we were taken to court, and the polls people -- I remember vividly those days and those nights here in City Hall, the old City Hall and, at that time, then -Commissioner Hernandez was removed, and we were under a court order, and this is why the group of people asked Thelma Gibson to serve until the court forced the City of Miami to go to district elections, and this is why and when districts were created. I lived through that nightmare. I think that for one day -- actually, Richard Dunn was appointed for one month, and for one day or for one hour, it's worth voting. It's not -- Commissioner Winton: Tomas. Commissioner Regalado: It's not that we are -- I am pushing for an election because appointing is not democratic. It's just that I did that, went there. I was there, and I think that the best scenario for any community, the Cuban, the Anglo or the Haitian, or the Afro-American is having an election, having anything to say. Chairman Sanchez: All right. Commissioner Regalado: It cost $70, 000, and that is the record -- and that's just -- Mr. Chairman, I'm sorry I'm taking -- Chairman Sanchez: No, sir. Commissioner Regalado: -- this time, but I think that we needed to remember a little history because I live it; done that, been there, and this is why I am for election. Chairman Sanchez: OK. Commissioner Winton. Commissioner Winton: At the last Commission meeting where this issue came up, 1 spoke very strongly in favor of the appointment process, and if you look at the Constitution of the City of Miami, which is our Charter, the Charter recognizes, as you, Mr. Chairman, have pointed out, both mechanisms, and there's a reason for both mechanisms being in there, as opposed to only one, and part of the reason that both mechanisms are in there is about the reality of running political campaigns, and the reality of running political campaigns -- in an ideal world, everybody gets an equal amount of time; you run a campaign; you get to win, but in the real world, the real world also says that name recognition counts, and if you have a one-year period to run a campaign, you may have zero name recognition, as I had, zero name recognition against somebody who has universal name recognition, and if I ran my campaign in a 30-, or 45 -, or 60-day period, I lose, hands down. No matter how -- it doesn't matter what my background City of Miami Page 0 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 is. 1t doesn't matter whether I'm good or bad, or indifferent because nobody knows, because you can't raise the money, you can't put on an effective campaign, and so, 1 think our Constitution recognizes that, and I felt pretty strongly that this process ought to be appointive, and we create a mechanism that is about democracy, that allows everybody to run on an equal playing field, and the person with the greatest name recognition doesn't automatically get the job, but I will tell you. 1 was extremely impressed by everyone who spoke today. It was very impressive, and I don't know right now -- I think if 1 had to vote right now this minute, I'm going to stick where I am, but I, personally, would like the opportunity to sleep on this concept of calling a special election because there's a lot of logic -- there is plenty of logic to that, but there's also logic to the other, and I am one who doesn't feel that I have to make -- unless there's some crisis -- I don't have to make a decision this minute about anything unless it's a crisis. If it's a crisis, I'll make a decision in a minute, in a minute. This isn't a crisis. We have until Saturday -- don't we have until Saturday? Mr. Fernandez: Yes. Yes, you do. Commissioner Winton: -- to declare which direction is the direction that we, as elected officials, want to move this thing, and I would like to have a little additional time to think about the pros and cons that have been presented today, because I might change my mind; I might not change my mind, but I really would like the opportunity to stop, sit back and think about what the side over here has said about the election process, and the passion with which they've spoken; the clarity with which they've spoken. 1 really would like to think about that some more and come back to make my decision, so I guess I'm saying, if I'm forced to make my decision today, my logic is pretty clear in terms of how 1 worked through my first statement, which is the appointed process. 1 haven't worked through the other yet, but I've been moved to really think about it, so if I had to make my decision today, I'm going to move -- I would vote to do the appointment, but if I have time to think about it, I'm not promising anything, but I really would like to think about this idea of an election because maybe there is some way that you create a more level playing field End of my comments. Mr. Fernandez: Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Fernandez: Yes. The date of Saturday that Commissioner Winton mentioned is the absolute last day, not to make a decision as to which of the two processes, but it's actually your last day to make an appointment. Commissioner Gonzalez: Or to make a decision and appointment at the same time. Commissioner Winton: Well, because that's one or -- Mr. Fernandez: Well, that's right. Commissioner Winton: -- the other. 1 mean, the City -- you've got a decision by default. Vice Chairman Gonzalez: Right. Mr. Fernandez: That's right, but come Saturday, if all that you do on Saturday is make a decision, it would be too late. By Saturday, you need to make also an appointment. Commissioner Winton: Right. Chairman Sanchez: OK. City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Winton: So, if you wait 'til Sat -- Mr. Fernandez: Or, otherwise, you must call a special election. Commissioner Winton: Right. That's the default. Mr. Fernandez: Exactly. Chairman Sanchez: You done? As Chair, in proper protocol, the chair is always last and it's good for the chair because he gets to listen to everyone before he makes a decision. Based on the process and based on the logic -- and I could speak from experience because I'm a product of an appointment in this Commission -- in all fairness to all sides, the appointing process -- when you appoint someone under the circumstances that we're in, with a Commissioner that, under my experience as a law enforcement officer, will be exonerated, and will come back to this Commission, the greatest discomfort that you could do to any individual -- and there will be many seeking that office -- is to have them go through a process of an election, within 43 days, to raise money, to go out there and get elected, and knock on doors, and kiss babies, and do the process that is done to get elected; he gets elected and then, all of a sudden, when Commissioner Teele gets reinstated back, that person's removed from office, based on the law, so that's a concern that I have. As when I was appointed, circumstances were totally different based on my situation, as to the situation here today, but it does not deny anybody the process because the process is there that once a person is elected in November of next year, there's another election, and I strongly said that it'll open up the door for a lot of individuals that aren't politically connected. People that want an opportunity to serve this community, it may not have any other way. I'm a product of appointment in this Commission, and there be -- there have been many other elected officials that have been a product of appointment, and they've done very well, so the process is not a bad process, and people need to understand that. No matter what decision 1 make, people aren't always happy. There's always 50/50, but I always try to do what I think is fair in the process that exists. An election is going to cost about $75, 000 to $100, 000 for an election; to have a person later on, when the Commissioner's reinstated, come back and remove that person from office. Then you have to take into consideration, you're going to have 43 days with a vacant seat with no representation for that district. That's another matter that you need to take into consideration so, you know, 1-- although I'm the Chair and 1 represent my district, 1 have to represent the entire community now, and based on that decision and the will of this Commission, we're prepared to vote on the matter. I know that there is a motion and a second for an election, so are there any more debate from the Commission? Commissioner Regalado: Mr. Chairman -- Chairman Sanchez: Yes. Commissioner Regalado: -- if you can take a vote -- a roll call. Chairman Sanchez: Roll call, absolutely. Madam Clerk, roll call. There's a motion on the floor for a special election within 45 days, correct? Mr. Fernandez: Within -- after qual dying, which is a five-day period, no sooner than 38, no later than 45. Chairman Sanchez: OK. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton? Commissioner Winton: No. City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez:: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: No. It's a tie; it dies. Anyone wishing -- well, Mr. Attorney. Mr. Fernandez: Well, you have the unusual situation that a 2/2. It means absolutely no -- Chairman Sanchez: No action? Mr. Fernandez: -- action. Chairman Sanchez: So, basically, Commissioner Winton, you got what you wanted, some more time to debate this back and forth and, you know -- Commissioner Winton: And I'll think about it. Chairman Sanchez: -- as the Chair, the chair has the -- is bestowed the power to call a special meeting -- Vice Chairman Gonzalez: Let me tell you. I -- with your -- Chairman Sanchez: Absolutely, Mr. Vice Chair, you have the floor, and I will be back. Vice Chairman Gonzalez: I'm glad that this is going to be taken up Friday or Saturday, or whenever we decide because you're making me feel very uncomfortable to know that one Commissioner on the dais is debating to the two options. Johnny, as you said, you defer at the beginning -- you were decided to go with an appointment. Now, after you heard the statements of the residents, you kind of debate it, so I think that it will be good that you have some time to think about it, you know, and clear up your mind on actually what -- you know, what your position is going to be, and then, you know, we do whatever needs to be done, but I think this is a very important issue and we should not rush it. I mean, you know, it's better to take a little bit more time and think it over and, you know, and don't rush the decision on this. It's very important for the community. It's very important for the City of Miami and for all the residents of District 5. Commissioner Winton: We have to pick a time -- so we definitely have to meet again. Commissioner Regalado: If we don't meet, it triggers for default the election -- Mr. Fernandez: Correct. Commissioner Regalado: -- but the Chairman needs to call a special meeting. 1 don't know if we should -- well, we can't vote on appointment because -- I mean, if we -- if the Commission wishes to appoint somebody because it would be 2 to 2, the same, so -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- so we have to come -- for it to come back. I -- City of Miami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Mr. Fernandez: Your options are -- Commissioner Regalado: You know, I -- Chairman Sanchez: All right. Commissioner Regalado: -- I come back -- I don't have a problem, except Thursday afternoon, but other than that -- Commissioner Winton: Thursday afternoon is a -- Chairman Sanchez: What's -- wait, wait, wait. First of all -- Commissioner Winton: You said Thursday afternoon is a problem? Chairman Sanchez: First of all -- Commissioner Regalado: For me, yeah. Chairman Sanchez: -- if I could -- I mean, we will call the Chair, and through the power bestowed -- and we'll call a special meeting. Mr. Fernandez: Yes, but that's also a power shared by the Mayor and by the Commission, so the Commission sitting now as it is constituted may, amongst yourselves, decide to call for a special meeting at some other time -- Commissioner Regalado: Yeah. Mr. Fernandez: -- or if the Commission, failing to do so, the Chair may call a special meeting himself or, if you fail, then the Mayor may choose to call a special meeting. Chairman Sanchez: Or -- Mr. Fernandez: This is a power shared -- Chairman Sanchez: -- if no action is taken after the deadline, then automatically we go into special election. Mr. Fernandez: Then it's an automatic call for a special election. Vice Chairman Gonzalez: It would be an automatic election. Chairman Sanchez: OK. Mr. Fernandez: So -- Chairman Sanchez: What is the will of the Commission? Commissioner Winton: Well, I would rather meet and talk about it and make a real decision, as opposed to default, and I'm available from 11 o'clock on Friday. He's not available Thursday afternoon; Commissioner Regalado wasn't. Commissioner Regalado: Friday afternoon. City of Miami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Commissioner Winton: Yeah, I could do it any time Friday afternoon. Vice Chairman Gonzalez: What about Friday at 3 o'clock? Commissioner Regalado: Fine by me. We'll be back. Vice Chairman Gonzalez: Fine by me, too. Chairman Sanchez: I'm available any time. Commissioner Regalado: I'm available Friday at 3 o'clock. I mean, if -- Chairman Sanchez: All right. Is there a -- Commissioner Regalado: I mean, I'm going to vote the same. Commissioner Winton: Right, exactly. Commissioner Regalado: So -- Commissioner Winton: That's right. You're going to vote the same. (Applause) Chairman Sanchez: Please. Vice Chairman Gonzalez: All right, so -- Chairman Sanchez: Control your emotions. Commissioner Winton: So -- Chairman Sanchez: OK, so -- Commissioner Winton: -- Friday at 3? Chairman Sanchez: Friday at 3? Vice Chairman Gonzalez: Friday at 3 o'clock. Chairman Sanchez: OK. Is there a motion for Friday at 3? A special -- Commissioner Winton: So move. Chairman Sanchez: -- meeting? Vice Chairman Gonzalez: Second. Commissioner Winton: So move. Chairman Sanchez: There is a motion. There is a second Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes September 28, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. Well see you back here same time -- Vice Chairman Gonzalez: Mr. Chairman, I'd like to make a motion to adjourn. Chairman Sanchez: There's a motion to adjourn. Always -- Commissioner Winton: So move. Chairman Sanchez: -- accepted. Commissioner Winton: Second Commissioner Regalado: Second. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The meeting is adjourned. City of Miami Page 68 Printed on 12/16/2004