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HomeMy WebLinkAboutCC 2008-09-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 25, 2008 5:05 PM SECOND BUDGET HEARING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 25, 2008 BH-SECOND BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR YEAR 2008-2009 TENTATIVE BUDGET BEGINNING AT 5:05 P.M. BH.1 THROUGH BH.19 SECOND BUDGET HEARING 5:05 P.M. BH.1 08-01005a Office of Strategic Planning, Budgeting, and Performance Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 25th day of September 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 6:16p.m. and adjourned at 8:21 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chair Sanchez: (INAUDIBLE) here at the City ofMiami. It was properly advertised for today, Thursday, September 25, 208 [sic], at 5:05. We do apologize; we did have a long PZ (Planning & Zoning) agenda. As a matter of fact, we're not done with it. So want to take the opportunity to welcome each and every one of you. We'll go ahead and have a roll call. We do have present today myself as the Chair, Joe Sanchez, Michelle Spence Jones, Vice Chair; Angel Gonzalez, Commissioner District 1; Marc David Sarnoff, Commissioner District 2; Tomas Regalado, Commissioner District 4; Pete Hernandez, our City Manager, Julie O. Bru, our City Attorney, and sitting in for Ms. -- Priscilla is the beautiful and talented Ms. Burns. All right. Okay. This is the second budget hearing, and we should have a smooth second budget hearing. Hopefully, there'll be no fireworks, but you never do know, so let's go ahead and start the budget hearing. Where --? DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2008-2009 THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 7.6740 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 IS 3.8% HIGHER THAN ROLLED -BACK RATE OF 7.3933. 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. City ofMiami Page 2 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 PURPOSE: TO FUND ANNUAL MUNICIPAL SERVICES INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AND SOLID WASTE. COST $11,139,505 100% 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 08-01005a Discussion Page.pdf DISCUSSED Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, I'll be asking our Budget director, Michael Boudreaux, to give you the update from the first budget hearing to this one and then you can proceed. Michael. Michael Boudreaux: Mike Boudreaux, director, Management and Budget. Want to first start off with BH.1. Good evening, Commissioners, Mr. Mayor, Mr. City Manager, and the residents of the City ofMiami. This is a second budget hearing to discuss the proposed millage rate and budget for fiscal year 2008-2009. The proposed general operating millage rate of 7.6740 for the City ofMiami for the fiscal year beginning October 1, 2008 and ending September 30, 2009, is 3.8 percent higher than the roll -back rate of 7.3933. Specific purpose for which ad valorem tax revenues are being increased: To eliminate the annual structural deficit matching recurring annual expenses with recurring annual revenues; to fund annual municipal services, including but not limited to police, fire, and solid waste, cost $11,139, 505 at 100 percent. City Commission listens and responds to citizens' comments regarding the proposed millage rate. The action by the City Commission is, one, to amend the adopted tentative budget, if necessary; two, to recompute the final millage rate, if necessary; three, to adopt the final millage rate; four, to adopt the final budget or the amended final budget, as necessary. That's BH.1. Chair Sanchez: All right, but BH.1 is just a discussion item as to the millage? Mr. Boudreaux: BH.1 is the item that needs to be read into the record -- Chair Sanchez: Okay. Mr. Boudreaux: -- and then BH.2 is the action to take on the millage rate. Chair Sanchez: All right. It's been read into the record. Mr. Boudreaux: Yes, it has. BH.2 08-01006 ORDINANCE Second Reading City ofMiami Page 3 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Office of Strategic Planning, Budgeting, and Performance 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, 2008 AND ENDING SEPTEMBER 30, 2009; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01006 Ordinance Legislation SR.pdf 08-01006 Summary Form SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13028 Chair Sanchez: And we go to BH.2, which is the second reading of the setting of the millage. Michael Boudreaux (Director, Management & Budget): Yes, it is. BH.2 is the action to adopt -- an ordinance of the City -- Miami City Commission defining and designating the territorial limits for the City ofMiami for the purpose of taxation, fixing the millage, and levying taxes in the City ofMiami, Florida, for the fiscal year beginning October 1, 2008 and ending September 30, 2009; containing a severability clause and providing for an effective date. Chair Sanchez: All right. Commissioner Gonzalez: The millage is 8.2543, right? Mr. Boudreaux: The total operating millage is seven point -- Chair Sanchez: Six seven four zero. Mr. Boudreaux: -- six seven four zero. Commissioner Gonzalez: Six seven four zero. All right. Chair Sanchez: That's the one that we voted on the last -- Commissioner Gonzalez: Exactly. Chair Sanchez: -- meeting, 4/0. Is there a motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence Jones. Discussion on BH. 1. I mean -- I'm sorry - - BH.2. No discussion. It is an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 4 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.3 08-01007b Office of Strategic Planning, Budgeting, and Performance Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: BH.2 has been adopted on second reading, 5/0. "[Later...]" Chair Sanchez: No, no. Hold on. Before we move on, I know everybody's here for the budget, but BH. 2 is the second reading ordinance on the millage that we voted on; that requires a public hearing. Does anyone want to speak on the millage? The public hearing is open on BH.2 for the millage; anyone who wants to speak on the millage. If not, all right, it is closed. We voted on that. I do apologize. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009. 08-01 007b Legislation.pdf 08-01 007b Summary Form.pdf 08-01 007b-Submittal-Budget Changes.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez R-08-0553 Chair Sanchez: All right. BH.3 is a resolution. Michael Boudreaux: Once again, Mike Boudreaux, director ofManagement and Budget. At this time I'd like to pass out the changes that have been made to the budget since the first hearing. Commissioners, each of you were provided with information with outlines to changes made to the fiscal year 2009 proposed general fund budgets since the first public budget hearing held on September 11, 2008. I would like to read these changes. We maintained the current solid waste service delivery plan and added back $800, 000 as a result of that. We reduced citywide festival allocations from one million to $750, 000. We reduced reserve emergency expenses by $127, 000. We reduced solid waste new equipment purchase from three million to two point six million. And as a result of all of these changes, we were able to maintain the FY '09 proposed budget for the general fund at 525.1 million. The Administration recommends proceeding with the public hearing, and at the conclusion, if you have any questions, we can address them at this time. Chair Sanchez: No. The only question is make it very clear that the recommendation that was presented in the first original budget to reduce the frash pickup services from four times a week to once a week was pulled by the Administration, and there will be no change in services. Our residents will still have the same service that they did before, which is four pickups a week. Commissioner Gonzalez: A month. Chair Sanchez: I'm sorry, a month. City ofMiami Page 5 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: A month. Chair Sanchez: That's a clean neighborhood. Four pickups a week, that's a clean neighborhood. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may add to that. In essence, the Adminisfration plans to do a more comprehensive study not only of the bulky waste pickups, but also of the recycling program, with the idea of upgrading that service too, and once we have that, we plan to bring back a recommendation to the full Commission in about 60 days. Chair Sanchez: And Pete -- Mr. City Manager, all kidding aside, I think that's the appropriate action for the Adminisfration to do, to do a complete analysis of our entire service. I mean, the entire service from garbage pickup to recycling and everything that we provide and do it in a manner that, you know, we don't rush into it and people don't feel the effect because once they found out, you know, here we are, we were going to get, you know, from four pickups a month to one, it was like, wow, especially the areas that have a lot of trees, such as Coconut Grove and the Upper Eastside. You know, those things that can be done -- and I'm telling you, with the hard times that we're facing, different governments are looking at tying up their belts. They're tough decisions, they're tough times we have to make, but it's got to be in a way where it has a minimal impact to the people we serve. Commissioner Regalado. Commissioner Regalado: Thank you very much. Mr. Manager, in 60 days, what can you recommend? Mr. Hernandez: Commissioner, it could be possibly going to the bulky waste pickup every two weeks. It could be a recycling program that will get rid of the small bins and frays that we have right now that are not very usable, converting to a container with wheels that we feel would be more used; also changing over to a single stream of recycling rather than having to separate the paper from the plastic and the glass, et cetera. We feel that that's going to double the amount of recycling in the City ofMiami; will make it more user-friendly. We're also considering the possibility of having -- and this is just thoughts now -- an additional container that could be used for yard waste in order to fry to eliminate the trash holds that are so -- that look so bad on the streets. So those are the ideas that we're looking into, and there may be others, and then look at it in a comprehensive way and then bring it back to you for proper discussion. Commissioner Regalado: And -- because, you know, the people were blindsided by the decision that was taken to sort of suspend, and I think that I -- I think I counted, and I had like about 370, 380 e-mails (electronic), plus phone calls; and those are the people that are watching and that get together. Imagine the people that don't know. I think that, you know, along with the analysis on -site, we need to start working. And what are the options to inform and consult the public during this period of study, because it would take more than Channel 77 to inform the people? Like we discussed, you know, we are not Saturday Night Live or, you know, the CBS (Columbia Broadcasting System) News. Not too many people watch. Besides -- and this is part of something -- there are many, many areas that are not being serviced by Comcast, especially the new buildings, plus there are people with dish and satellite, so Channel 77 does not reach most, if not all, the City ofMiami. So I just hope that this analysis comes with a timeline to inform the people, to ask the people, to educate the people because everything -- you know, everything do - - everything good that we do, it's -- in one day, in one minute, the people were up in arms saying it's an insult that you would do this. I pay a lot of taxes. And the people were upset with us that tried to do the right thing with the budget and the service. So I think that for the benefit of the residents and the benefit of the employees, I think that we should do the analysis also about how to educate, how to communicate, because we're not communicating with the people ofMiami. Thank you. Chair Sanchez: Okay. City ofMiami Page 6 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Mr. Hernandez: Thank you, Commissioner. Chair Sanchez: Pete, before we move on, I know -- Commissioner Gonzalez: All right. We need a motion on this or what? "[Later... ]" Chair Sanchez: Let's move on to BH.3. This is the budget, so at this time we'll open it up for the public. All those who want to speak, please step forward and be recognized, and please, pertaining to the budget. Two minutes, my friend. Mariano Cruz: All right. You know, ifI not going to be two minutes, let me call Vicky (UNINTELLIGIBLE) -- Chair Sanchez: Three minutes. Mr. Cruz: -- for a presentation because the lobby [sic] talk whatever they want to talk. Pamela E. Burns (Assistant City Clerk): Excuse me. We need your name for the record, please. Chair Sanchez: Mariano. Mr. Cruz: Okay. Mariano Cruz, 1227 -- Chair Sanchez: He needs no introduction. Mr. Cruz: -- Northwest 26th Street. Chair Sanchez: The machine should know him. He could just speak into it and it should just say his name. Mr. Cruz: No, no, no, no, no. I am going to read today that way I time myself. I'm going to (UNINTELLIGIBLE). First, I pay very little tax to the City because my house, I live there 40 years; its assessed value is $28, 000, so I don't pay (UNINTELLIGIBLE) tax to the City. I pay double in the solid waste fee. I (UNINTELLIGIBLE) the fee. I cannot even deduct it fi^om my income tax, but the accolades. People that return phone calls -- Commissioner Gonzalez, Commissioner Sanchez, Commissioner Regalado. Not you because I never call you on the phone. Manager, Mayor, they all return phone calls. Chief Fernandez, Major Gomez, they all return phone calls. The lawyer -- Attorney Bru return phone calls. The other people, they know who they are. Well, you know, I won't tell anymore. But I have accolades to the departments, CIP (Capital Improvements Project) and Commissioner Gonzalez. The streets ofAllapattah are being fixed. Today -- Igo everyday by you by 24th Sfreet, I check. I see papers, everything. You know, very, very nice, very nice. That's our debt -- you know, the debt money -- at work, which is good. I cannot say the same thing with the County because we fix the drains, then the County don't take care -- that's something you have to do. You work in the County, Public Works there. You work in Public Works (UNINTELLIGIBLE). Tell them to take care of the major arterials. When you work there, I called you and you were doing that. Mr. Hernandez: It got done, right, when I was there? Mr. Cruz: Right. (UNINTELLIGIBLE). You know, the sidewalk on 7th Sfreet by Miami -- by Tele Miami was fixed right away, but now they don't do anything. Now accolades. In Allapattah (UNINTELLIGIBLE), we put in businesses (UNINTELLIGIBLE) because the main thing here is City ofMiami Page 7 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 not to build the houses or whatever. It's jobs, employment. That's what takes care. Now they say -- opening a restaurant there on 17th Avenue, Dominican, Allapattah (UNINTELLIGIBLE), I go there. Solve the problem. You know who solve the problem? (UNINTELLIGIBLE), occupational license. He's going -- bend backwards to help. I also have a daughter that works a professional regulation in Tallahassee for the restaurant and commission there -- restaurant/hotel. She's inspector general there, so she is helping me there too to open -- you know how many jobs are there? Nine jobs in that restaurant there. That what we need there. The place are being closed for months (UNINTELLIGIBLE) now that will have jobs there. Commissioner Sarnoff Mariano, Mariano? Mr. Cruz: But now I have to talk -- Commissioner Sarnoff Wait, wait, wait. In conclusion. Mr. Cruz: Huh? Commissioner Sarnoff In conclusion. Mr. Cruz: Yeah. Okay. Now I talk about civil service. That's the -- my beef. Commissioner Sarnoff Mariano. Mr. Cruz: It's not televised. I am going to quote Section 2 -- I am not going to talk extemporaneous. I'm quoting from your book, Section 2.8, meetings of the Civil Service public board meetings. All meetings of the board shall be open to the general public. Equipment necessary to transmit board meetings shall be set up prior to the time as scheduled for the board Commissioner Sarnoff Mariano, we're talking about the millage. Just relate what you're talking -- Mr. Cruz: No, budget. It's budget, budget. It's the way the money is spent. I don't mind the way the money is spent because I pay very little taxes. I got one use of the budget, the money, on the rescue -- on February this year -- Commissioner Sarnoff I know, they came to you and they did a good job. Mr. Cruz: (UNINTELLIGIBLE), sure. Commissioner Sarnoff Right. Mr. Cruz: I don't complain. Commissioner Sarnoff And we heard that last time. Mr. Cruz: I'm not complaining about the budget. I don't come here to complain. Commissioner Sarnoff But why -- Mr. Cruz: I am very glad to live in the City. Commissioner Sarnoff -- don't you just tell us exactly what about the mill rate you like or you don't like. City ofMiami Page 8 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Mr. Cruz: Millage? Look at -- $8 the millage -- Chair Sanchez: You're fine with the millage. Mr. Cruz: -- very little. Now, the only thing, like I say, is the televising of the (UNINTELLIGIBLE) because -- and (UNINTELLIGIBLE) and that's my opportunity. You want me in here -- to come here in every meeting and become a gadfly? Chair Sanchez: No, no, we don't. Mr. Cruz: Huh? Commissioner Sarnoff I don't want a cat fight. Mr. Cruz: You want me to come here? Commissioner Sarnoff I don't want -- Mr. Cruz: I can do it. Commissioner Sarnoff -- a dog fight or a cat fight. Mr. Cruz: Look at me. I can be here. You know people that go to meetings and they complain about all items, because I see them on TV (Television). They go to every meeting, every meeting. Commissioner Sarnoff But not you, Mariano. Mr. Cruz: Okay. No. Chair Sanchez: Thank you very much. Mr. Cruz: The only thing, I think I talk to the Manager about the -- I'm going to talk about the Channel 77, or the televise of the Civil Service meeting because if C-SPAN televise everything, why there's no transparency here? Why? You don't want the people to learn, you know, the employees to know what the rights that they got? No. They should be televised. Chair Sanchez: Thank you, Mariano. Mr. Cruz: But we (UNINTELLIGIBLE). Chair Sanchez: Thank you. Mr. Cruz: Okay. Thank you. Chair Sanchez: Thank you so much. Thank you. Next speaker. Always a pleasure. Come on up, you're the next contestant on the Price is Right. Albio Castillo: No kidding. Which one? Chair Sanchez: Comcast. Let us hear about Comcast. Mr. Castillo: No. I already spoke about them. My name -- maybe you should do -- maybe I shouldn't do my address. Chair Sanchez: The machine knows you. City ofMiami Page 9 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Mr. Castillo: Exactly. Chair Sanchez: State your name for the record and address. Mr. Castillo: Yes. My name is Albio Castillo. I live in 2386 Southwest 5th Street. My question is this -- like Miami 21 with consultants, is the City going to cut down on consultants because you're getting a little out of hand? I've been -- you know, when they did the meetings -- you know, I watch the meetings, and I tape their meetings, so I know I'm aware of that. Chair Sanchez: So on a budgetary question, do we have the money budgeted for Miami 21 ? Mr. Castillo: Or for the consultants as you go over it. Chair Sanchez: Yes, we do. Mr. Castillo: Thank you. I also like to know is is the City going to continue on the program of nonemergency with hybrids or gas savings on the fuel? Chair Sanchez: Yes, and we had a Coca-Cola fruck out here today. Mr. Castillo: Oh. Chair Sanchez: Hybrid. Coca-Cola's going to start delivering Coca-Cola -- Mr. Castillo: Yes. It was -- Chair Sanchez: -- with hybrid (rucks. Mr. Castillo: -- on the news, sir. I also like to know is is the City going to continue not to dig into the reserves, like previous in the -- on the reserves? So far we've been lucky. I don't want to go back to the old system of dipping into the reserves and budget. Chair Sanchez: The reserve has not been touched, but I'll let somebody who knows the question to your answer. Mr. Boudreaux: The only allocation that is made to this budget is the $5 million requirement for contingency purposes. Mr. Castillo: Like for emergencies, right? Mr. Boudreaux: Yes, sir. Mr. Castillo: Thank you. Chair Sanchez: And what is the amount, up in the -- a hundred million? Mr. Boudreaux: Currently, the City's fund -- total fund balance is $100 million. Chair Sanchez: Okay, 100 million in reserve. That's healthy, compared to ten years ago when we were bankrupt. Mr. Castillo: I know, '96. I also like to know is is the City going to handle the things on foreclosures on commercial and residentials, like abandoned properties that the banks and so on are not being taken care of? City ofMiami Page 10 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Sarnoff Should have been here this morning. We just passed a great ordinance. Mr. Castillo: Well, I work at night, so I'm like an owl; I wake up like 12 o'clock sometimes, so -- butl do tape the meetings, so I'm aware. I just watch the meetings. Chair Sanchez: And you do. Thank you very much. Mr. Castillo: You're welcome. Chair Sanchez: All right. Next speaker, on the budget. Grace Solares: Good afternoon, Mr. Chairman, Commissioners. I called the -- I wrote the City today requesting a -- Unidentified Speaker: Name and address. Ms. Burns: Excuse me. Ms. Solares: Oh, yeah, that's right. Ms. Burns: Your name for the record, please. Ms. Solares: Grace Solares -- Ms. Burns: Thank you. Ms. Solares: -- 60 Southwest 30th Road. I wrote the City today requesting a copy of the backup documentation for these expenses, and I was told that it was -- I could not get it, that I would get it after it's passed, which really, to me, was mind -boggling. I then sent out a request under the public records request that I be sent one, and I couldn't. There are only three pages in the website, and you really can't tell how the money is being spent. Like, for example, there's a transfer in. In from where? And there's a transfer out. Out from where? And you're talking to the tune of $30 million, $34 million. They have here an additional 14 positions for the Finance Department, 14 new salaries, 14 in order to actually stabilize the revenue collection? Have you been collecting revenue so far? I don't see the reason to actually hiring 14 other people in the City. Chair Sanchez: Well -- Ms. Solares: I cannot really -- Chair Sanchez: Grace, could I interrupt you for a minute? Ms. Solares: Yeah, sure. Chair Sanchez: Those are the questions that individuals who come in front of this legislative body should be asking. It's your tax dollars. Why are we hiring those 14 positions? I think staff should tell you why. They told us why we're hiring. That's why I'm supporting that. But they need to tell you why they're doing it, and once you hear why they're doing it -- Ms. Solares: For the Finance Department. But it's not only -- Chair Sanchez: But hold on. I mean, you got plenty of questions; we're going to get them answered. City ofMiami Page 11 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Mr. Boudreaux: Based on the needs of the Finance Department, the Finance Department currently collects certificate of use revenue and occupational license revenue. They currently use temporary staff for that collection, and that temporary staff is deemed to be unstable in the collections that the Finance Department collects, so they requested that they receive six additional revenue collector positions for the purpose of providing some stability in those collections to make sure that the City is getting its fair share of revenue. Chair Sanchez: And the City, pertaining to that, is missing out on -- in the tune of millions of dollars. Mr. Boudreaux: The other eight positions are financial analyst positions. The City moved to the Oracle Enterprise Resource Planning system. There is a lot of reporting requirements in that system for which the Finance Department was assured that it will receive the positions when the ERP (Enterprise Resource Planning) system was implemented and that that will help with the monthly reporting of the financials of the City and the year-end financial reporting. Chair Sanchez: All right. Any other questions? Ms. Solares: Yes. Why don't we get the documentation supporting these expenses? After all, it's our money, the one that today you'll be allocating to many departments in the City, like for example, I've heard that $250, 000 are being set aside for the Mayor's of conference of this or that. I mean, to set aside $250, 000 for the Mayor to use in his other job from my money, I have an objection to that. Chair Sanchez: Okay. Ms. Solares: However -- Chair Sanchez: But let -- wait, wait, wait, wait. Mr. Hernandez: My understanding is that -- Chair Sanchez: Grace, let -- Mr. Hernandez: -- those expenses were taken out -- Chair Sanchez: Okay. Mr. Hernandez: -- of the budget. Michael, that was what you explained at the beginning. Mr. Boudreaux: Yes. To get from the one million to 750 to $250, 000 worth of activities, such as the U.S. Conference ofMayors, was taken out of the budget. Ms. Solares: Okay. Do you think it's actually fair that I don't have the time and me, like me, many other citizens of this city, to review those documents instead of wasting our time in coming out here and you telling us it has been removed from the budget? Like the issue of the trash, that it has been removed from the agenda; that we're going to -- I don't know for how long because he is really not sure how long we're going to have -- Chair Sanchez: All right. Ms. Solares: -- the weekly -- but for us also to appear here. I think your -- Chair Sanchez: We -- City ofMiami Page 12 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Ms. Solares: Mr. Chairman, please. Mr. Chairman, you are the Chairman, and you have rules for your fellow members. I think you should tell the City that this -- the citizens, we are entitled to get the supporting documentation of this -- just the same way you get a book. I'm willing to pay for it. I'm not willing for you to afford -- with my own money pay the (UNINTELLIGIBLE). I'm willing to pay for it, sir. Mr. Hernandez: If-- Grace, if you had called me just a couple of days earlier, I would have provided you the whole budget. I got an e-mail from you this morning. Ms. Solares: Ms. Wyndell [sic] refused. You know what? Hiding behind chapter -- Florida Statute blah, blah, blah, blah -- Chair Sanchez: All right. Ms. Solares: -- that she is not supposed to give me, she's not entitled to give me the documents. I have a copy right in my purse, sir. Mr. Hernandez: Grace, I will give you -- Ms. Solares: And then, really, that is a perversion -- Mr. Hernandez: -- all -- Ms. Solares: -- of that Florida Statute. Mr. Hernandez: -- if you give me -- if you had given me a couple of days, I would have given you the whole budget. I would have had actually somebody in Budget provide it for you. Ms. Solares: It's very nice for you to tell me that. Your secretary or whatever, your assistant has written to me. I have the copy of the e-mail refusing to give it to me, pursuant to Florida Statute la -di -la -di -la. That is a perversion of the statute. You know why? Because you cannot use -- Mr. Hernandez: Right. Ms. Solares: -- a statute to -- Mr. Hernandez: Putting -- Ms. Solares: -- circumvent another one, which is Chapter 1.9.9. Mr. Hernandez: -- statutes aside -- Ms. Solares: My right -- Mr. Hernandez: --I will show you anything that we have in the City because -- Chair Sanchez: Grace. Mr. Hernandez: -- my policy is transparency. Ms. Solares: I would like, sir -- Mr. Hernandez: Whatever you (UNINTELLIGIBLE). City ofMiami Page 13 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Chair Sanchez: Grace -- Ms. Solares: I would like -- Chair Sanchez: -- with all due respect -- Ms. Solares: -- right now I'm making the request -- Chair Sanchez: Grace -- Ms. Solares: With all due respect -- Chair Sanchez: -- with all due respect -- Ms. Solares: -- Mr. Chairman and you know I respect you. I would like a copy of the entire budget book that you guys have received. Chair Sanchez: Okay. Well make sure -- Ms. Solares: We are entitled to it. Chair Sanchez: Listen, can we give her a copy of the entire book? Make sure -- Ms. Solares: I do pay for it. Chair Sanchez: -- there isn't a single page missing, okay? Unidentified Speaker: I'll have a copy delivered tomorrow. Chair Sanchez: Thank you, Grace. Grace -- Mr. Hernandez: Or tonight. Chair Sanchez: -- they -- Ms. Solares: Thank you, Commissioner. Chair Sanchez: -- the staff will sit -- Ms. Solares: Thank you, Mr. Chairman. Chair Sanchez: -- with you, and how many questions you may have, whether it's five or ten thousand, they will address your questions. If you're not satisfied, then, you know -- Ms. Solares: Can I sit down with you? Chair Sanchez: -- come see me. Ms. Solares: Great. Chair Sanchez: Well, I need -- Ms. Solares: Thank you, sir. Chair Sanchez: -- to talk to you about something also, so I need to meet with you. City ofMiami Page 14 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Ms. Solares: Okay. Chair Sanchez: All right. Okay. Next speaker. Anyone else wishing to speak on the budget, which is BH.3? Commissioner Gonzalez: That's it. Chair Sanchez: All right, the public hearing is closed for the budget. It comes -- Commissioner Gonzalez: I'll move -- Chair Sanchez: -- back to the Commission. Commissioner Gonzalez: -- BH.3. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Discussion on BH.3, which is the resolution approving the budget. Discussion. Hearing no discussion -- Commissioner Regalado. Commissioner Regalado: Thank you. I think that we just heard something that it's -- it should be of great concern to all of us because the people ofMiami are the one that own the government, and we work for the people ofMiami. And I just heard something that contradicts 100 percent what the Administration has said to a person in the media when that person asked for the details on the budget, and I'm -- that troubles me because the person in the media was said that because of the green initiative, we will not print more budget for the media or for the people because we need to help the environment and we don't want to. So they could get some information online. That person from the media went online and only found what Ms. Solares found, and she was told that she would not get that information. But now somebody comes here, raise hell, and she's going to get a book and all the questions answered. Does that mean that almost 500, 000 people, if they come here and raise hell, they will get a book and all the question answers [sic]? This is wrong. It's really wrong. And you know, I respect you. It's not your fault. This is coming from the top. It's not your fault. You do the numbers and you do the right number, which, by the way, the savings -- I think you can see the future. I really do. I think that, you know, you are sort of like a medium because the first time I asked what is the Mayor's international -- National [sic] Conference ofMayors doing here in this budget if it was held last year? Why so much money allocated if we are not --? I mean, it's not that Manny is going to be again president, you know, next year. And you said -- and the Manager said, no, no, no. We left it there just, you know -- then we -- and I knew it. When we had to get the deficit of the savings that we were going to save by not picking up the trash, you took that, the -- what's the name of the --Mayor's Conference or --? -- and the other, Inter American Bank, which was held last year; and for that, I really thank you because we didn't have to go and spread the pain in other departments and other issues. But I know -- you know, Mr. Manager, we all should be concerned because if the people don't have access to information, the people that are interested, and if the media cannot access with all the details the budget of the City, which is the most important document, we have a problem in the City ofMiami. I am very concerned. I hope that at least we get the response right, and you know, we tell the people the same line because telling one person that we don't do books anymore because of the green initiative and we want to save paper and telling another person that if you scream, you get a book; that is wrong. So to me, I think that we need to change. I think that this is why people do not trust government. This is why people are upset with government, you know. This is why, from Washington to Key West, people have issues with government, you know. The president have a 27 percent approval and City ofMiami Page 15 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 the Congress has a 9 percent approval, and you know, we're getting a ride in the coattails of the disapproval of the people in government if we keep doing this. So I'm sorry, butt know it's not nice to hear these things, but somebody has to say it; and since I say everything that nobody likes, I have to say it. I think that we are on the wrong track by denying information to the people of the City ofMiami which own the city. We don't -- at least don't work for the City; I work for the people. Thank you. Commissioner Gonzalez: All right. Mr. Chairman. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Okay. I just have a comment. First of all, I do want to acknowledge Commissioner Regalado's comments. I think that anybody sitting in this audience or watching on TV or that's a resident of City ofMiami, that same document should be made available to any citizen. Grace happened to bring it up as an issue and as a concern, and it was offered to her. I just want to make sure that it's clear that anybody else that has that same request or interest, that should be made available to them, so I definitely agree with Commissioner Regalado's viewpoint on that. I have to say that I am pleased with the adjustments that have been made on the budget. I do believe that the City Manager and Mike have done a great job with making some of the adjustments, considering all the obstacles and the concerns that we all have had regarding the overall budget. For me, I just want to at least acknowledge the departments that I thought you made the adjustments on that were really great, not just for my disfrict, but for all our districts; and they include NET (Neighborhood Enhancement Team), Parks, Public Works, CIP and Solid Waste. The many changes that were made will allow for us to still maintain the quality of services that we have promised all our residents, so I think that that's to be commended in this whole entire budget because that was one of my fears going into the budget this year, was that the quality of services and the things that we said that we were going to be providing to our residents, that we were going to continue to do that. So you guys have done an outstanding job with at least trying to make sure those things stay in place. So on that note, you know, I just wanted to mention because of what you guys have done in the budget, at least can say in my disfrict, my greenways, through Public Works, will continue to be maintained, you know, you know the ones that are really important to me, like Martin Luther King Boulevard and 3rd Avenue. The support of the Litter Busters to assist with cleaning up in areas, David, you have that. We will now continue. Now we can expand on that. We know how valuable the Litter Busters are to our communities, and a lot of times it's the little folks that always get left out. Also, I wanted to acknowledge the parks part of it. Again, you know, I'm always a strong supporter of our youth and our children and our families, so it's great to know that we're going to have continued programs and activities in our park, and also to get the kind of support that's needed for the new parks that are now being brought online in many of our districts. And of course, my CIP Department. I don't know where Ola is, but all of the great work that he continues to do to improve the streets, to do park upgrades, and just to make the facilities better throughout the City ofMiami, so at least, you know, those departments. In the beginning there was some shakiness on the numbers, and you guys were able to make the adjustments, so I'm really happy about that. And last but not least, my Solid Waste guys. You know, it's great to know that we will continue to have the amount of services that, in the beginning, we were frying to cut, for whatever reason, on cost and everything else, it's nice to know that we'll continue to provide those services, which means less people have to either -- you know, I'm just glad it's here for 11 cents extra a day, so I'm glad that we're able to make the adjustment. The only thing that I do want to say in -- to Mike, in closing, is I just want to be clear -- because one of the questions I had was around the reduction in new equipment for Solid Waste, and I just wanted to make sure -- and you explained to me, but I just want you to put it on the record -- that even though we're reducing in the area of buying new equipment, that this is not going to affect their ability to be effective; and I was told in the meetings that that was -- that there was -- that all of that City ofMiami Page 16 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 was going to be worked out and that was not going to be an issue, because I don't want you to cut them on one end with equipment and then they're not able to provide the quality of service that we say we're going to give to our residents because they don't have the resources to purchase what they need, so I just want to make sure that -- Mr. Boudreaux: Commissioner -- Vice Chair Spence -Jones: -- that is not going to be an issue. Mr. Boudreaux: -- we will make sure that the Solid Waste Department is able to deliver the same level of services that it continues to deliver. Vice Chair Spence -Jones: All right. With that being said, I'm very happy with what you guys have come up with. Chair Sanchez: All right. Mr. Boudreaux: Thank you very much. Chair Sanchez: Any further discussion on BH.3? If not, it's a resolution. Ms. Burns: Mr. Chair, we had received a submittal into the public record indicating budget changes. Has this item at all been modified prior to the vote? Mr. Boudreaux: No. Ms. Burns: Thank you. Chair Sanchez: All right. Commissioner Regalado: One issue, Mr. Chairman, ifI may. Mr. Manager, I have gone through the budget. I got a book, and I don't see and I hope that we can see maybe in the midterm budget the revenues that we were promised, number one, from the billboards settlement, and number two, for the billboards on different parks in the City will -- because this will push the budget of those parks; and the billboard settlement itself it's a new money that we could have for like unforeseen circumstances. But what is the problem in getting the billboards in those parks and start getting the revenue to be invested in those park [sic], especially now that we have new construction planned in Robert King High, and for sure there is going to be some issues that we're going to be running out of money or maybe a little cost overrun, and you know, we can use that money for Robert King High. What is the problem? Mr. Hernandez: Commissioner, those revenues should be coming in, I would say, within the next three, four months, maybe six at the most. I'll ask Orlando Toledo to give us an update on the billboard as it relates to the parks. Orlando Toledo: Senior director of Building, Planning and Zoning. When it comes down to the parks, we still need one more -- Chair Sanchez: Brief. Mr. Toledo: -- member so that we could go ahead and open it up to the board of Parks. As soon as that happens, then automatically we will bring it to the City Commission so that the City Commission can vote on these billboards for parks. Commissioner Regalado: But that is tied to the settlement. City ofMiami Page 17 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Mr. Toledo: Yes, it is. Now, when it comes down to the actual money, why the money hasn't started to come in yet -- Commissioner Regalado: Right. Mr. Toledo: -- the reason for that is that they actually don't start paying until we actually issue building permits -- Commissioner Regalado: I understand that. Mr. Toledo: -- and that's the process. Commissioner Regalado: What I'm saying is that even if we approve it, that is tied to the settlement. Mr. Toledo: Yes, it is. Commissioner Regalado: And the settlement is not, Madam City Attorney, yet finalized;; right? Ms. Bru: One of the settlements is, and I think they're in the process of issuing some permits right now. Mr. Toledo: The CBS settlement is done. We're in the process of actually issuing building permits. You've got to remember that it goes through a process. It goes to DOT (Department of Transportation); DOT needs to approve -- Commissioner Regalado: Right. Mr. Toledo: -- these permits, and then, as DOT approves, then they will be starting to come in. Commissioner Regalado: Okay. Mr. Toledo: That's how the money starts coming in. Commissioner Regalado: Okay. Thank you -- Mr. Toledo: Okay. Commissioner Regalado: -- very much. Chair Sanchez: All right, that's Budget 101; don't count on money you don't have. All right? Mr. Hernandez: Right. And those monies, Mr. Chair and Commissioners, are not in the budget today. We're not -- we don't include monies that we don't have at hand or total control in the budget -- Chair Sanchez: All right. Mr. Hernandez: -- but we anticipate that they will be available. Chair Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 18 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.4 08-01008a Downtown Development Authority Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. One no, for the record. Ms. Burns: Can you clarify for the record who voted no? Chair Sanchez: Me. Ms. Burns: Thank you. DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE MILLAGE RATE AND FINAL BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY THE PROPOSED MILLAGE RATE OF .5 FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 IS 4.04 PERCENT HIGHER THAN THE ROLLED BACK RATE OF .4806. THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY MILLAGE HAS BEEN SET AT .5 SINCE THE INCEPTION OF THE AGENCY IN 1965. THE SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED IS FOR THE CONTINUED OPERATIONS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY INCLUDING CAPITAL IMPROVEMENTS, ENHANCED SERVICES, MARKETING AND ECONOMIC DEVELOPMENT PROGRAMS. THE DDA BUDGET FOR THE FISCAL YEAR 2007-2008 WAS BASED ON REVENUES OF $4,849,209.54. THE PROPOSED DDA BUDGET FOR 08-09 IS BASED ON ESTIMATED REVENUES OF $5,037,662.74. THIS REPRESENTS AN INCREASE IN REVENUES OF $188,453.20. (3.9%) 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 ADOPTED TENTATIVE BUDGET, IF NECESSARY 2. RECOMPUTE THE FINAL 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 OR THE AMENDED FINAL BUDGET AS NECESSARY 08-01008a Discussion Page.pdf DISCUSSED Chair Sanchez: All right. BH.4. BH.4 is the discussion item pertaining to the DDA (Downtown Development Authority), followed by BH.5, which is the actual millage. We need to read that into the record. Can we read the millage into the record? Alyce Robertson: The proposed millage rate -- oh, Alyce Robertson, interim executive director City ofMiami Page 19 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.5 08-01009 Downtown Development Authority of the Miami DDA -- of .5 for the Miami Downtown Development Authority for the fiscal year beginning October 1, 2008 and ending September 30, 2009 is 4.04 percent higher than the roll -back rate of 4 -- .4806. The Miami Downtown Development Authority millage has been set at .5 since the inception of the agency in 1965. The specific purpose for which ad valorem revenues are being increased is the continued operations of the Miami Downtown Development Authority, including capital improvements, enhanced services, marketing, and economic development programs. The DDA budget for the fiscal year 2007-2008 was based on ad valorem revenues of $4,849,209.54. The proposed DDA budget for '08-'09 is based on estimated revenues of 5, 037, 662.74. This represents an increase in revenues of $188, 453.20. The actions by the City Commission are amended -- they could amend the adopted tentative budget, if necessary; recompute the final millage rate, if necessary; publicly announce the percent by which the recomputed proposed millage rate exceeds the roll -back rate; adopt the final millage rate; and adopt the final budget or amended final budget, as necessary. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI ("CITY") AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; 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, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01009 Ordinance SR.pdf 08-01009 Exhibit SR.pdf 08-01009 Memo SR.pdf 08-01009 Pre Legislation SR.pdf 08-01009 Pre Legislation 2 SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13029 Chair Sanchez: All right. So we move to BH.5, which is the ordinance on second reading; and this one is setting the millage for the DDA (Downtown Development Authority). All right. Need a motion. Commissioner Gonzalez: Move it. City ofMiami Page 20 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.6 08-01010b Downtown Development Authority Chair Sanchez: There's a motion by Commissioner Gonzalez. Need a second. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it is an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. This is the DDA millage. All right. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, read the ordinance into the record, followed by a roll call, on second reading, BH.5. Julie O. Bru (City Attorney): Mr. Chairman, members of the Commission. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on BH.5. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 5/0. RESOLUTION A RESOLUTION 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 ("DDA") OF THE CITY OF MIAMI, FLORIDA ("CITY"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; AUTHORIZING THE DDA TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS RESOLUTION BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE RESOLUTION MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 FOR THE OPERATIONS OF THE CITY. 08-01 010b Legislation.pdf 08-01 010b Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0554 Chair Sanchez: Okay. Now we go to BH.6. It's a resolution. This -- if passes, it approves the DDA (Downtown Development Authority) budget. Okay. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. City ofMiami Page 21 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 We are on BH.6. BH.6, it requires a five fifths vote to get the entire millage rate. Okay. Michelle, you got to vote on this one. Last one, and then you can go to the bathroom. Commissioner Regalado: Question? Chair Sanchez: Hey, listen, you know, when you're the Chair, you let people go to the bathroom when you want them to go to the bathroom. No, no. Yeah, you're recognized for the record, Commissioner Regalado. Commissioner Regalado: Is Macy's leaving or staying? Ms. Robertson: I actually met this week with Julie Greiner, and that decision has not been made yet, and we're working with them on their various issues, and so it's an ongoing discussion. Commissioner Regalado: And -- because she said on an interview that she would make the decision about this time. So what is it? I mean, the different issues are half solved, most of them solved; happy or sad? Ms. Robertson: I would be glad to set up a meeting with you and discuss all of their -- Commissioner Regalado: No, no. I'm asking you. You are the expert. Ms. Robertson: No. Basically, their issues are not necessarily related specifically to the downtown; that there are some economic issues that are associated with the property that they're in, and so, really, we're working on all of the issues that we can have impact on. Commissioner Regalado: Okay. And the other question, as you know, because of the economic situation -- thank God that there is an agreement now in Washington for the bailout that nobody likes -- but what -- have you figured out the impact on the different stores that you were exploring, if they are now downsizing? Like for instance, McDonald's was denied a loan by Bank ofAmerica to enhance all their franchises, and this is happening now and it will be happening. So what you studied a year ago may not necessarily be what is happening now and will happen, so what is plan B? Ms. Robertson: Certainly, what we studied a year ago -- what we studied two weeks ago probably is not -- and what we're -- what we will have is we have a -- the Miami DDA has a board, an Economic Development Board, and they will be looking at these issues and how they relate to the businesses that are currently in the downtown area, but also the ones that were planning to come. I mean, certainly the financial outlook for the country has shifted dramatically in the last couple of weeks, and so it's cert -- it is one of the things that we will be looking at. And the fortunate thing, that there are people on the DDA board that have expertise in the actual industries that are being affected, and so we will have their input on some of the -- on how to look at this and to position Miami's downtown for the future. Commissioner Regalado: But you do realize that this situation is going to impact your budget in terms of revenues? Ms. Robertson: Sure. And certainly, what we have done we've budgeted conservatively for a number of different reasons because of the condo market as it exists and other kinds of things, we have budgeted very conservatively, and we'll be watching very closely as the revenues come in and where -- and if they're coming in and make adjustments over the course of the year as necessary. Commissioner Regalado: Okay. Thank you, Mr. Chairman. City ofMiami Page 22 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Sarnoff And by the way, Commissioner -- I know you get your info from FOX and apparently some of my people do in the back of my office, when they should be getting it from CNN (Cable News Network), but apparently that -- Commissioner Regalado: So you watch FOX? Commissioner Sarnoff Well, they do. Commissioner Regalado: Oh. Commissioner Sarnoff And apparently that -- Commissioner Regalado: That's -- Commissioner Sarnoff -- agreement -- Commissioner Regalado: -- you better clean your office, I mean. Commissioner Sarnoff -- apparently is not -- is that on again, off again agreement appears to be off again. Commissioner Regalado: Oh, okay. Yeah, I know, but at least there is the will to reach an agreement, and hopefully, they will. Commissioner Sarnoff And hopefully a debate, too. Chair Sanchez: All right. Madam Clerk. Pamela E. Burns (Assistant City Clerk): Mr. Chair, we are missing one member of the Commission. Chair Sanchez: This is the budget; it does not require a 5/5 vote. This is the budget. The millage did require it, and we voted on it for the record. The budget for the DDA does not require a five fifth vote. Ms. Burns: Thank you. Chair Sanchez: All right. It's a resolution. Did I open it up for the public? Anyone from the public want to address this item pertaining to the DDA budget, Downtown Development Authority budget? Okay. Seeing no one, the public hearing is closed, coming back for deliberation, which is a vote. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of BH.6. BH.7 08-01011 a RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE AMOUNT OF $7,610,000, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009. City ofMiami Page 23 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 08-01011a Legislation.pdf 08-01011a Exhibit.pdf 08-01011 a Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones BH.8 08-00607 Off -Street Parking Board R-08-0555 Chair Sanchez: And we go to -- Alyce Robertson: Thank you. Chair Sanchez: -- BH.7. Thank you. BH.7 is approving the budget for Bayfront Park Management Trust. All right. Is there a motion? Commissioner Gonzalez: Move it. Tim Schmand: Tim Schmand, Bayfront Park Management Trust. Chair Sanchez: Is there a second? Commissioner Sarnoff So -- second. Chair Sanchez: All right. Thank you, Tim. Always a pleasure to see you. All right. Anyone from the public -- Mr. Schmand: Thank you, Commissioner. Chair Sanchez: -- wishing to address this item -- Commissioner Gonzalez: It's a resolution. Chair Sanchez: -- please step forward. Yeah, it's a resolution, but still it's a budget. I opened up the hearing for the public. Seeing no one, the public hearing is closed, coming back. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BH.7 was approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE AMENDED ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $3,130,385, EXCLUDING DEPRECIATION, ATTACHED AND INCORPORATED, TO PROVIDE FOR THE OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. City ofMiami Page 24 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 08-00607 Legislation.pdf 08-00607 Exhibit.pdf 08-00607 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0556 Chair Sanchez: BH.8, it's also a resolution. This is the Off -Street Parking Board. Okay. Scott Simpson: Scott Simpson, Miami Parking Authority. We're asking for approval of an amendment for the 2007-2008 operating budget for the Gusman Theater. Chair Sanchez: All right. In the amount of three million -- three point one. Okay. Mr. Simpson: The amendment amounts to grant revenues that were received during the year, and we're asking for appropriation at the end of the year. Chair Sanchez: Okay. So Off -Street Parking budget, is there a motion? Commissioner Sarnoff So move. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Anyone from the public wishing to address this item? You don't want to complain about the meters? Mr. Simpson: This is the Gusman. Chair Sanchez: You got meters in front of Gusman, plenty of them. All right. The public hearing is closed, coming back to the Commission. Commissioner Regalado: I want to complain about the machines; they don't get the dollar. Chair Sanchez: No further discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." BH.8 was approved, Madam Clerk, 5/0. BH.9 08-00790 RESOLUTION Off -Street Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Board ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OFF-STREET PARKING, IN THE AMOUNT OF $14,889,171, EXCLUDING DEPRECIATION, AND OTHER NON -OPERATING EXPENSES OF $5,384,777, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. City ofMiami Page 25 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 08-00790 Legislation.pdf 08-00790 Exhibit.pdf 08-00790 Cover Memo.pdf 08-00790 Letter.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0557 Chair Sanchez: All right. Now we get to Off -Street Parking. Name and address for the record. Arthur Noriega: Art Noriega, Miami Parking Authority, 190 Northeast 3rd Sfreet. This item is the approval of the budget, the MPA (Miami Parking Authority) budget, the operating budget for fiscal year '08-'09. Commissioner Sarnoff Move it. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Could you put the amount of the budget into the record? Fourteen point eight? Mr. Noriega: Excuse me, sir? Chair Sanchez: The amount of the budget. Mr. Noriega: Oh. The budget is 14, 889,171. Chair Sanchez: All right. There's a motion and a second. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back for deliberation. Hearing no further discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Resolution BH.9 has been approved, 5/0. BH.10 08-00085 RESOLUTION Off -Street Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Board ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $1,342,580, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 08-00085 Legislation.pdf 08-00085 Exhibit.pdf 08-00085 Cover Memo.pdf City ofMiami Page 26 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0558 Chair Sanchez: BH. 10, Off -Street Parking Board. Arthur Noriega: This is the operating budget for the Gusman Center for the Performing Arts in an amount of $1,342,580. Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by -- Commissioner Gonzalez: I'll second the motion. Chair Sanchez: -- Commissioner Gonzalez. Anyone from the public wishing to address this Commission on this item, please step forward and be recognized. Will you be speaking on the item, Mr. Collins? David Collins: No. Mr. Noriega: No. He's on the next item. Chair Sanchez: Oh, okay. Commissioner Regalado: Question. Chair Sanchez: Okay, question before we vote. Commissioner Regalado, you're recognized. Commissioner Regalado: Art, is the Gusman losing money or making money with the season? Mr. Noriega: The Gusman has, in the long history that I've been involved, never turned a profit. It's always run a small deficit. The utilization has improved dramatically, especially in the last probably two years. We did, obviously, a series of renovations that completed -- roughly completed the lion's share of it this past off-season with the new seating, the new concessions, so from an interior renovation standpoint, that's done. So we're now at a point where we can really operate year-round again because we were having to take periods of time off during the renovation. So we're hoping that this year we're going to get up to a little over a hundred dates a year and slowly sort of push that up and up and up. We really expanded the utilization of Gusman. It's not just a performance venue anymore. We do corporate events there now. We've done weddings. I mean, it's sort of expanding its operation level. Obviously, we house the big events for us, which are the film festival every year. We do concerts. And we have some regular performance groups that utilize the theater, but we're really frying to expand. We're frying to create as little -- a niche in association with the arts center, sort of take some of the product that's really priced out by what the art center can make available to them. So we're -- I think the Gusman, from an operational standpoint, I hope, cross my fingers, one day will get to a break-even. It's just -- it's really hard considering the -- Commissioner Regalado: Well, who does the bookings? Mr. Noriega: We do it ourselves, but it's not -- it's primarily utilized now as more of a rental hall, so we have promoters. What we do is network primarily with promoters to bring shows in. We don't self -produce any shows because we did many years ago, and the theater was losing City ofMiami Page 27 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 almost a million dollars a year so we stopped doing self -promotion. Theaters that size, similar to what happened at -- in Coconut Grove at the Playhouse, it's really hard to make self -productions really work; they don't generate enough income for the cost to bring shows in, so we primarily operate as a rental facility; and we do a lot of below -budget events that are sort of public service events there too, where we give, you know, significant discounts to allow nonprofit groups to come and do events there. So we sort of -- we do that sort of balance between for profit events that make money and bringing -- allowing nonprofit groups to come in and do sort of below -cost events because it is a City facility. Commissioner Regalado: If it were to start making money -- Mr. Noriega: Yes, sir. Commissioner Regalado: -- or break even, would then you would consider bringing more non -for -profits at a very reduced cost for them to have shows? Mr. Noriega: Absolutely. I mean, we make it pretty well available to them now. Commissioner Regalado: No, butt mean -- Mr. Noriega: Yeah. I mean, we -- Commissioner Regalado: -- you don't want to be losing every night, but if you were to break even, then all those free days -- Mr. Noriega: Sure. Commissioner Regalado: -- will be able to be used -- Mr. Noriega: Yeah. Commissioner Regalado: -- for the nonprofits in the community. Mr. Noriega: Yeah. I'll give you a perfect example. We have a relationship now on a lot of different levels with Miami Dade College, where we do a lot of events there, from New World School of the Arts Rising Stars, the Film Festival. We have looked to expand the relationship with Miami -Dade and create and have the Gusman be almost a little more of a teaching facility, doing some ongoing events there, specifically classroom -related. We're also trying to actually promote a program with Miami Northwestern Senior High as an example, something that we're trying to do a little more of where New World Schools [sic] does its Rising Stars. Well, Miami Northwestern has a phenomenal performing arts program that very few people know about, but we're trying to do a similar event to what Rising Stars does as a fund-raising event, and in essence, we're going to have to cosponsor that for them and actually recruit sponsors for that program, but that's something we'll do at the end of the school year. So those are the kind of things we're kind of working on. Commissioner Regalado: Thank you. Chair Sanchez: Okay. Commissioner Gonzalez: May I ask, what's the capacity of that theater, seating capacity? Mr. Noriega: It just got reduced. It's a little under 1,700, 1,600 and change, because we redid the seating. City ofMiami Page 28 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Gonzalez: And Miami -Dade County's 2,300, right? Twenty-two, twenty-three? Mr. Noriega: You mean the Miami -Dade Auditorium? Commissioner Gonzalez: I'm sorry. Miami -Dade Auditorium, yeah. Mr. Noriega: Yeah. I think it's -- Commissioner Regalado: Three thousand. Mr. Noriega: It's in the 2,000. Commissioner Gonzalez: Three thousand? Really? Commissioner Regalado: Yeah, upstairs and downstairs. Almost, close to 2,000. Chair Sanchez: Okay, BH.10, resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and BH.10 has been approved, 5/0. BH.11 08-01080 RESOLUTION Off -Street Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Board ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED TRANSFER OF FUNDS, IN THE AMOUNT OF $42,500, FROM THE PARKING WAIVER TRUST FUND; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO MAKE SAID TRANSFER IN THE AMOUNT OF $42,500, FROM THE PARKING WAIVER TRUST FUND TO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, AND SUCH OTHER REALLOCATIONS AVAILABLE IN THE APPROVED BUDGET; APPROVING THE RECOMMENDED AND PROPOSED AMENDED BUDGET OF THE BIC, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. 08-01080 Legislation.pdf 08-01080 Exhibit.pdf 08-01080 Cover Memo.pdf Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0559 Chair Sanchez: BH.11. David Collins: David Collins, executive director of Coconut Grove BIC (Business Improvement Committee). BH.11 is a series of adjustments which we've been making in the FY'08 budget throughout the summer. Despite the lateness of the fiscal year, we bring them to you because we'd like to make the budget work as it was supposed to work. Chair Sanchez: Okay. And that's 42,000, right? City ofMiami Page 29 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.12 08-01070 Off -Street Parking Board Mr. Collins: Yes, sir. There's some -- Chair Sanchez: Five hundred. Mr. Collins: -- other minor movements of money from already -approved contingency fund into specific usages incorporated in this. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff -- Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Gonzalez. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for deliberation. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. BH.11 was approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 08-01070 Legislation.pdf 08-01070 Exhibit.pdf 08-01070 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0560 Chair Sanchez: BH.12. BH.12 is the BIC (Business Improvement Committee). David Collins: It's the BIC budget, Mr. Chair, for FY '09. It's in the amount of $971, 000. It's a resolution recommending that the budget be approved as it was brought -- as it was recommended to you on August 7 by the full BIC. Chair Sanchez: Okay, and what's the amount? Mr. Collins: The total amount is $971,000, and that's in the attachment with the budget that's provided to you. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff. Commissioner Sarnoff Yes. Chair Sanchez: Is there a second? City ofMiami Page 30 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.13 08-01068 Fire Fighters/Police Retirement Trust Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Anyone from the public wishing to address this item, please step forward and be recognized. We are on BH.12. BH.12 is the BIC budget. All right. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for discussion and deliberation. Hearing no one, it's a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FUND ("FIPO RETIREMENT TRUST FUND"), IN THE AMOUNT OF $2,117,612, ATTACHED AND INCORPORATED, TO PROVIDE FOR THE ADMINISTRATION OF THE FIPO RETIREMENT TRUST FUND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009. 08-01068 Legislation.pdf 08-01068 Exhibit.pdf 08-01068 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0561 Chair Sanchez: BH.13. Commissioner Gonzalez: Move it. Chair Sanchez: All right. BH.13, there's a motion. Commissioner Regalado: Second. Thomas Gabriel: Good evening, Mr. Chair, Commissioners. This is a resolution of the Miami City Commission, with attachments, approving and adopting the annual budget of the City of Miami Firefighters and Police Officers Retirement Trust Fund, the FIPO Retirement Trust Fund, in the amount of $2,117, 612, the attached and incorporated, to provide for the Administration of the FIPO Retirement Trust Fund for the fiscal year commencing October 1, 2008 and ending September 30, 2009. And for the record, my name's Tom Gabriel with the Firefighters Trust. Chair Sanchez: All right. There was a motion and a second. Motion was made by Commissioner Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. No further discussion. BH.13 is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 31 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.14 08-01072 General Sanitation Employees Retirement Trust Chair Sanchez: Anyone in opposition, having the same right, say "nay." Congratulations, 5/0. Mr. Gabriel: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE RETIREMENT TRUST FUND"), IN THE AMOUNT NOT TO EXCEED $2,883,917 EXCLUDING NORMAL COST, ATTACHED AND INCORPORATED, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE RETIREMENT TRUST FUND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009. 08-01072 Legislation.pdf 08-01072 Exhibit.pdf 08-01072 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0562 Chair Sanchez: All right. Moving along, BH.13. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Pamela E. Burns (Assistant City Clerk): Excuse me. For the record, BH.14. Commissioner Gonzalez: Fourteen. Chair Sanchez: Yes, BH.14 is the one we're -- Senator -- Commissioner Gonzalez: I'll make a motion. Chair Sanchez: -- always a pleasure to see you, my friend. Ron Silver: It's a pleasure to be here again. I just want you to know that, you know, since my last time appearing here, I am now on Medicare, so if you could just take it a little bit easy on me Chair Sanchez: We'll take it easy on you. Mr. Silver: -- I'd appreciate it. Chair Sanchez: You old timer. Ms. Burns: Excuse me. We need your name for the record. Mr. Silver: Yes. City ofMiami Page 32 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.15 08-01073 General Sanitation Employees Retirement Trust Ms. Burns: And we didn't record who seconded the motion. Chair Sanchez: We haven't second this one. Ms. Burns: Okay. Thank you. Commissioner Gonzalez: I made the motion, butt haven't had a second on it. Commissioner Sarnoff Second. I'm sorry. Chair Sanchez: All right. Mr. Silver: Ron Silver, 420 Lincoln Road, Miami Beach, attorney for the General Employees and Sanitation Employees Retirement Trust. Chair Sanchez: Motion is made by Commissioner Gonzalez, second by Commissioner Sarnoff. Could you just put the amount for the record as to the budget, General Sanitation Employees Retirement Trust? Do you need some help there? Commissioner Gonzalez: Two million. Mr. Silver: Yeah. I told you I'm, you know -- I've lost a step being on Medicare. Two million, eight hundred eighty-eight -- two million, eight hundred and eighty-three thousand, nine hundred and seventeen dollars. Chair Sanchez: All right. Okay. Mr. Silver: Thank you for your help. Chair Sanchez: BH.14, there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Anyone from the public wishing to address this budget item, please step forward and be recognized. Seeing no one, the budget -- the public hearing is closed, coming back to the Commission. Hearing no discussion from the Commission, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. Mr. Silver: Thank you. Chair Sanchez: Thank you, sir. Always a pleasure, Ron. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' EXCESS BENEFIT PLAN ("GESE EXCESS BENEFIT PLAN"), IN THE AMOUNT NOT TO EXCEED $149,636, EXCLUDING THE ACTUARIALLY DETERMINED ANNUAL BENEFIT PAYMENT, ATTACHED AND INCORPORATED, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE EXCESS BENEFIT PLAN, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. City ofMiami Page 33 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 08-01073 Legislation.pdf 08-01073 Exhibit.pdf 08-01073 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0563 Ron Silver: It's the next one -- Chair Sanchez: BK 15. Mr. Silver: -- BK 15. Chair Sanchez: Oh, okay. That one's yours too. Mr. Silver: I see -- Commissioner Gonzalez: Motion on BK 15. Chair Sanchez: Okay. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. This is BK 15. It's a resolution, and in the amount not to exceed 149 -- Mr. Silver: Thousand, six hundred and thirty-six. Chair Sanchez: Okay. All right. Anyone from the public wishing to address this item? This is the General Sanitation Employees Retirement Trust. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Thank you so much. Go home -- Mr. Silver: Thank you. Chair Sanchez: -- to your family -- Mr. Silver: Thank you very much. Chair Sanchez: -- while we stay here till midnight. All right. Bye. BH.16 08-00794 RESOLUTION Virginia Key Beach A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Park Trust ATTACHMENT(S), APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S BUDGET REQUEST OF AN AMOUNT NOT TO EXCEED $1,762,098, IN OPERATING FUNDS, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, City ofMiami Page 34 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 2009. 08-00794 Legislation.pdf 08-00794 Exhibit.pdf 08-00794 Cover Memo.pdf 08-00794 Adopted Resolution.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0564 Chair Sanchez: BH. 16, it's a resolution. That's the Virginia Key Beach Trust -- I'm sorry -- the Virginia Key Beach Park Trust. Okay. Gene Tinnie: Good evening, Commissioners. My name is Gene Tinnie, 74 Northwest 51 st Street, in the City ofMiami. You want to --? You might as well introduce yourself Mr. Range. Patrick Range: Thank you. Mr. Chair, members of the Commission, Patrick Range, trustee with the Virginia Key Beach Park Trust. Mr. Tinnie: We know that the recommendation from the City on this is substantially lower than what the -- what was originally requested. We've had many good, helpful discussions with staff and with Commissioners. This is one of those where, as in the past, we just understand what the realities are, and I think, you know, this is -- we're back on track with getting the kind of relationship with City government that we started out with, where it was much more cooperative and noncooperative; certainly not adversarial, so we're fully understanding. I understand that the recommendation from the City is that this -- the contribution from the City would be 1.25 million; is that correct? Chair Sanchez: One point two? Mr. Tinnie: One point two five, is that the -- Commissioner Gonzalez: One point two five. Mr. Tinnie: -- number that we all --? Unidentified Speaker: Yes, sir. Mr. Tinnie: I mean, you know, just so it's read into the record here. Roger Hernstadt: Commissioners, Roger Hernstadt. The staff recommendation is a million two five zero. Chair Sanchez: So there's an amendment to this. This is 1.762, correct? Mr. Tinnie: Right. Chair Sanchez: Okay. All right, is there a motion? Commissioner Gonzalez: Motion. Commissioner Sarnoff So move. City ofMiami Page 35 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Chair Sanchez: There's a motion by -- Commissioner Sarnoff Sorry. Commissioner Regalado: Second. Chair Sanchez: All right, everybody's made a motion and a second. How's that? Motion is made by Commissioner Gonzalez, second by the Vice Chair. All right. Discussion on the item. Before we open up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. How many are here in support? Just raise your hand. That's good enough. Okay. Public hearing is closed. Mr. Range: Mr. Chair. Chair Sanchez: Yes, sir. Mr. Range: I just wanted to acknowledge Commissioner Sarnoff as well as Mayor Diaz, in assisting us with the budget this year, particularly regarding one item of special importance to us which will assist us in our goal to become sustainable, you know, on our own in allowing us to go forward with our special events at the times that we would have hoped. That's been accomplished for us, and that will help us greatly in the future to achieve that goal, so I did -- Chair Sanchez: All right. Mr. Range: -- want to acknowledge them and thank them for their efforts. Chair Sanchez: Thank you so much for your leadership. Vice Chair Spence -Jones: And I just -- Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: -- want it to be very clear, so the understanding is everyone is fine with this amount? Mr. Tinnie: Well, we're going to be as fine as we can be with it. It's what it is, and as in the past, we're going to go forward. This is a -- as we all know, we're all invested in this and we're just going to make it as good as it could be with what we have and -- Chair Sanchez: All right. Mr. Tinnie: -- we -- again, I just underscore Mr. Range's comments. We know that this is not easy on anybody, so we're really appreciative of all the diligent work that went into this, so thank you all very much. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. BH.16 has been approved, 5/0, the Virginia Key Beach Park Trust. BH.17 08-01071 RESOLUTION Civilian A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Investigative Panel ATTACHMENT(S), APPROVING THE AMOUNT OF $928,000, AS THE TOTAL City ofMiami Page 36 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 08-01071 Legislation.pdf 08-01071 Exhibit.pdf 08-01071 Cover Memo.pdf 08-01071 Projected Budget.pdf 08-01071 PreLegislation.pdf 08-01071-Submittal-Civilian Investigative Panel.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 2 - Commissioner Regalado and Spence -Jones R-08-0565 Chair Sanchez: BH.17, Civilian Investigative Panel. There's a substitution on this one, correct, lowering the budget from one million to --? The cut is what? They're cutting 129? Brenda Shapiro: I've been told -- Pamela E. Burns (Assistant City Clerk): I'm sorry; you need to -- Vice Chair Spence -Jones: Your mike. Ms. Burns: -- be on the microphone. Ms. Shapiro: I'm sorry. Brenda Shapiro, chair of the Civilian Investigative Panel, 1861 Southwest 21 st Terrace. Chair Sanchez: Okay. Ms. Shapiro: I have been told that the budget item before you is nine hundred and -- nine hundred thousand twenty-eight or nine hundred twenty-eight thousand. Chair Sanchez: No, it's not. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, in doing, you know, further analysis, I know that the CIP (Civilian Investigative Panel) presented a revised 1,012,000 Ms. Shapiro: Correct. Mr. Hernandez: -- plus or minus, budget, and in going through and allocating additional reductions, we had brought it down or recommended that it should be down at the level of 928 -- 928,000. I discussed this with Ms. Shapiro, and she's telling me that it's too deep of a cut, that it should be at a higher level; and I asked her to, in essence, maybe put the number that she feels on the record. Ms. Shapiro: I believe that without doing Draconian things to staff making cuts that we cannot make, that 980, 000, which represents a cut from the one million twelve that my colleagues voted on at our meeting on September 16, though it doesn't give us what we have had and we will have to make cuts, that we can function on 980, 000, Mr. Chairman. City ofMiami Page 37 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Chair Sanchez: All right, so I -- apparently, in my budget item, in the amount of 1.141, that has been substituted -- that's been amended? What's the amount? Mr. Hernandez: The amount that was amended to -- Chair Sanchez: Right. Mr. Hernandez: -- and their board, I believe, had agreed to was a million, twelve thousand, right? Ms. Shapiro: That's correct. Chair Sanchez: Okay, but that's not on my thing now, not on my budget. Mr. Hernandez: The one million and twelve? Chair Sanchez: No. Ms. Shapiro: I think I'll take your number, Mr. Chairman. Chair Sanchez: My numbers are better, I'll tell you that much. Ms. Shapiro: Yes. Mr. Hernandez: Right. Ms. Shapiro: Your number is one million four; I'll grab it. Mr. Hernandez: Yeah. Mr. Chairman, that was an item that -- Chair Sanchez: IfI could, I would. Mr. Hernandez: -- there was a substitute. The substitute is the one that brought -- Chair Sanchez: Okay. Mr. Hernandez: -- it down to a million and twelve. Chair Sanchez: Okay. Vice Chair Spence -Jones: So what -- Mr. Hernandez: Correct? Vice Chair Spence -Jones: -- Ms. Shapiro is recommending is the 980; is that what you're --? Ms. Shapiro: Well, no. If one million -- what's before you, is it one million four? I'll take that, but -- Chair Sanchez: No, no, no, no, no. Ms. Shapiro: -- to function, to deliver the mission -- Chair Sanchez: Mr. City Manager -- City ofMiami Page 38 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Ms. Shapiro: -- of this panel, I need minimally -- Chair Sanchez: -- what was the number? Ms. Shapiro: -- 980. Chair Sanchez: What was the number? Mr. Hernandez: The number that their board -- Chair Sanchez: No, no, no, no, no. The number that you, through your budget, and the Mayor, what is the number that you're proffering to them? Mr. Hernandez: The number that I'm proffering right here today is 928, 000. Chair Sanchez: All right. Is there a motion for 9 --? Commissioner Sarnoff So moved. Commissioner Gonzalez: I'll move -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- for the staff -- Vice Chair Spence -Jones: Second for discussion. Commissioner Gonzalez: -- recommendation. Chair Sanchez: Okay. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: We'll -- take it easy, everybody. It's almost -- it's late; everybody's a little edgy, but we'll get out of here, okay? There's a motion for the amount of $928, 000. The motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. The item is under discussion. Commissioner Gonzalez: And I -- Chair Sanchez: Vice Chair -- Commissioner Gonzalez: -- do have other comments whenever my time -- Chair Sanchez: Yeah. Commissioner Gonzalez: -- is allowed. Chair Sanchez: Okay. Vice Chair Spence -Jones, you're recognized for the item. Vice Chair Spence -Jones: I was hoping that this whole situation would have been worked out, and to my understanding, you guys were working it out, which was -- is why you proffered the 980 -- Ms. Shapiro: That's correct. City ofMiami Page 39 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: -- on the record today. I just want us, you know -- and I just said this to Pete. You know, you never want to, you know -- you never want to look at things and think there's something else, some other hidden agendas behind it. You really don't. You want to think that everybody's doing everything for the right reason. I -- this is a board, we know, that was created by referendum. I mean, let's -- the citizens ofMiami wanted this board, and quite frankly, the community that's most affected or was most affected, you know, by this whole situation was -- a lot of the people were the people coming from my district. Not to say that is the case now, but a lot of it is, and this is the only voice, the only stop that they have when issues come up. This is where they go. And last year I sat back and watched a whole department disappear, African American woman leading that department, which was Economic Development. Chair Sanchez: I fought for that. Vice Chair Spence -Jones: Okay. I know you fought for it. Guess what? And she -- they're still doing the same function, but just because of whatever reasons, personal agendas, or whatever the case may be, the whole department disappeared. So I was, you know, sitting back this time, and actually, I was actually quite pleased that we got the whole, you know, budget agenda, and you know, this issue never really came up again in my mind. I looked at the last four items. I said, well, the last four items on the agenda, BH.16, BH.17, BH.18, BH.19, all affect African Americans in a very big kind of way. Let me see how many reductions I'm going to have to continue to service my community. I'm just really lost on why is there an issue. Mr. Manager, if we are able to make -- are you able to make the adjustments to 980 that Ms. Shapiro can -- her recommendation that she's making tonight, are you able to make that recommenda -- are you able to handle that, if that's the case? Are you able to make that adjustment? Mr. Hernandez: Commissioner, the answer is yes. If you -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- so desire, the Commission, you know, directs me to do so, yes, I will. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And it can be done. Vice Chair Spence -Jones: Is it your recommendation, because you know what they -- what this particular panel has to be able to do. Mr. Hernandez: Right. Vice Chair Spence -Jones: Is it your recommendation to have that done? Mr. Hernandez: Just a little while ago, I was discussing this matter with Ms. Shapiro, and I said what my number was; and she came back to me and she said, well, I have these issues of impacting the actual, you know, personnel that is providing the services today, and I can't function at the 928 level. So I said, well, what's the minimum that you need to operate? And that's when she told me 980. So, personally, I don't have an issue with supporting 980. Vice Chair Spence -Jones: And this is what I'm asking, if the City Manager is saying that he can make the adjustment in the budget, what is the problem? We just took 500-something thousand dollars from Virginia Key. You just took $50, 000 from me -- from Liberty City Trust. I mean, what --? If the City Manager is telling you that they can make the adjustment, what is the problem? If they couldn't make the adjustment, then, of course, I'm going to take responsibility City ofMiami Page 40 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 and, you know -- and I understand, but he's telling us on the record it's not an issue. So my question -- the question becomes, then, what is the issue? Does somebody have an issue with the panel? Commissioner Gonzalez: I do have an issue with the panel. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: And let me tell you, and I resent the comment, the racist comment, or using the race card every time -- Vice Chair Spence -Jones: I don't use it every time, Mr. -- Commissioner Gonzalez: -- so much -- yes, you have used the race card. Vice Chair Spence -Jones: No, I don't. I do not -- Commissioner Gonzalez: And let me tell you. Vice Chair Spence -Jones: -- use it every time. Commissioner Gonzalez: I want the record to be very clear. Sergeant Carvil, will you please come to the podium? I want you to tell this Commission how many of the Commissioners sitting in this dais has, for the seven last years, made sure that the Afro-Americans that attend your church have turkeys on Thanksgiving. Ms. Shapiro: Oh, my God. Oh, my God. Vice Chair Spence -Jones: Commissioner Gonzalez. Commissioner Gonzalez: No, no, no, no, no. Let me finish. Vice Chair Spence -Jones: It's not -- Commissioner Gonzalez: Let me finish. Vice Chair Spence -Jones: I don't want to be -- I don't even want you to break it (UNINTELLIGIBLE) turkey (UNINTELLIGIBLE) -- Commissioner Gonzalez: No, no. Vice Chair Spence -Jones: -- turkey (UNINTELLIGIBLE) -- Commissioner Gonzalez: It has become -- Vice Chair Spence -Jones: It's not -- Commissioner Gonzalez: You have brought -- you have made it -- Vice Chair Spence -Jones: But -- no. Commissioner Gonzalez, this -- Commissioner Gonzalez: Are you going to allow me to speak? Vice Chair Spence -Jones: Yes. This comment is not about you. City ofMiami Page 41 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Gonzalez: No. It is about me -- Vice Chair Spence -Jones: No, it's not. Commissioner Gonzalez: -- because I was the one that made the motion to accept the Manager's recommendation. Vice Chair Spence -Jones: And was the one that second it for discussion. Commissioner Gonzalez: And let me tell you, I don't accept to -- Vice Chair Spence -Jones: I was the one who -- Commissioner Gonzalez: -- be labeled -- Chair Sanchez: Could I get --? Vice Chair Spence -Jones: I'm not -- Commissioner Gonzalez: I don't accept -- Vice Chair Spence -Jones: -- labeling you. Commissioner Gonzalez: -- to use -- to label racist with me -- Vice Chair Spence -Jones: I'm not labeling you. Commissioner Gonzalez: -- because out of my chamber of commerce, out of my community's chamber of commerce, every single year I have provided toys; is that correct? Sergeant Raymond Carvil (Sergeant at Arms): Correct. Commissioner Gonzalez: Turkeys; is that correct? Donations to your church; is that correct? Sergeant Carvil: Correct. Commissioner Gonzalez: All right. To an Afro-American church, something that haven't done to any church in my district -- Vice Chair Spence -Jones: Commissioner -- Commissioner Gonzalez: -- but do have serious problem with the CIP, and as I said it sometime ago -- and I'm sorry that I'm getting upset. I had a bad night last night, and I didn't need this, but don't care. IfI need to go to Mercy, I will go to Mercy tonight, but am going to say whatever I have to say because this is the only time of the year when people listen to what we have to say, okay? This board has been playing -- you're talking about Afro-Americans. I'm going to talk about Hispanics. Where are the Hispanics in this board? Where are the Hispanics in the staff of this agency? Vice Chair Spence -Jones: Well, then, request that they get them, Commissioner Gonzalez. Commissioner Gonzalez: No. I have been requesting it. Chair Sanchez: Listen. City ofMiami Page 42 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: But that's -- Commissioner Gonzalez: I tell you, I have been requesting it. Chair Sanchez: Can I get your attention? Can I get both your attention? Commissioner Gonzalez: And there was a meeting where people made fun of me. These people made fun of a Commissioner because of my request, okay? They made jokes about my comments on the Commission, and they made a joke out of the request that made that more Hispanics be incorporated into this board. And I don't care what my Hispanic colleagues do on this dais, but I tell you what, the day that leave this City, my people are going to be proud of my position defending my people, okay? Vice Chair Spence -Jones: Commissioner Gonzalez. Chair Sanchez: Michelle. Vice Chair Spence -Jones: He just -- Chair Sanchez: But hold on. Vice Chair Spence -Jones: -- finished. Chair Sanchez: Yes. You're going to have all the time in the world to talk -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- but one Commissioner could only speak at the time, so therefore, you're recognized for the record now. Vice Chair Spence -Jones: First of all, let me just say this, Commissioner Gonzalez. Out of all people sitting on this dais -- Commissioner Gonzalez: I'll tell you -- Vice Chair Spence -Jones: Let -- Commissioner Gonzalez: -- I resent -- Chair Sanchez: Commissioner Gonzalez -- Vice Chair Spence -Jones: -- me finish my comment. Out of all the people -- Chair Sanchez: -- one Commissioner at a time, please. Vice Chair Spence -Jones: -- out of all people sitting on this dais -- Chair Sanchez: Jesus Christ. Vice Chair Spence -Jones: -- there's never been a question about you ever supporting the African American community. Quite frankly, I had no idea that you were the person that had an issue with it because it was the farthest thing from my mind. I thought it was somebody else that had an issue with it. Commissioner Gonzalez: (INAUDIBLE). City ofMiami Page 43 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: It was -- let -- I allowed for you to speak. Commissioner Gonzalez: Then you weren't listening. Vice Chair Spence -Jones: I would -- I allowed for you to speak, so you allow for me to speak. You were not even on my mind as the person that had an issue with this because anything that I ask you for in Liberty City, Overtown, or Little Haiti, you support me 100 percent, so that's never been a question. So for you to even take it there, to bring Carvil to the podium -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: -- you don't even -- you never have to do that, Commissioner Gonzalez. People in my district know how you feel about African Americans, period. That's not even what this is about. My comment earlier was based upon last year's budget. Last year's budget, we had a department -- I had to sit there and swallow the fact that this person -- these individuals in this department, which is the Economic Development Department, the whole department disappeared. You know what? I had to swallow it. We all had to swallow it. But at the end of the day, that -- those functions that those individuals provided back then, they continue to provide; but I let it go. And then I'm looking at the New Year coming into it, you know. If Shirl -- if there's an issue with the administrator or Shirley or the way that they're not doing what they need to do from making sure the Hispanics are included, then we need to be saying to the Administration this is mandatory for this to happen. I agree with you. If there's an issue with not having enough Hispanics on the board, I think that, yes, we should do that; but let's not take it down to the level of make -- because it has not happened or one or two people said something negative about you on -- let me say something, Mr. Gonzalez. A lot of people say a lot of negative stuff about me, and they said it right on this dais; and I have to swallow it. Commissioner Gonzalez: You started by saying that BH.16, 17, 18 and 19 had to do with Afro-Americans. Vice Chair Spence -Jones: Right. Commissioner Gonzalez: Okay. Vice Chair Spence -Jones: My point in the matter was -- Chair Sanchez: And we -- Vice Chair Spence -Jones: -- out of all these four -- these are the -- first of all, they're the four last items on the agenda. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: Okay. They're the four -- that's -- don't have anything -- and I said this to Pete. I said, Pete, why are these items the last four items on the agenda? All right. Pete told me two days ago, Commissioner, we have to cut back on Virginia Key Beach. They didn't have a issue. They had to sit here and swallow having to do it, and that's fine. I understand. Commissioner Gonzalez: And they did it. Vice Chair Spence -Jones: Right, and they did it. But they did it because they felt like they had no other choice, and that's understandable. All I'm saying is I swallowed that pill. I'm frying to understand if the issue is about them not having more Hispanics on the board, then give them a mandate. City ofMiami Page 44 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Gonzalez: And their staff. Vice Chair Spence -Jones: Then give them a mandate to make sure that that happens. Commissioner Gonzalez: How many -- Vice Chair Spence -Jones: That's all. Commissioner Gonzalez: -- Hispanics are on the staff of this agency? If someone that doesn't speak Spanish -- English, I'm sorry, goes to this agency, how many people are in this agency that can talk to a person in Spanish, understand the problem, and help them? Chair Sanchez: Can somebody answer that question? Listen, can I just interrupt every --? Listen, I know it's late, it's been a long night, but we need cool heads; we'll prevail, okay. Well debate it and we'll vote on it, but let's allow one Commissioner to speak. Let's not interrupt because we lose decorum here and professionalism. Can you answer that question, please? Shirley Richardson: Shirley Richardson, executive director, Civilian Investigative Panel. There are two staff members that are Hispanic on the panel that speak Spanish. Chair Sanchez: Total of how many? Commissioner Gonzalez: That speak Spanish or that are Hispanic? Ms. Richardson: They are Hispanic. Vice Chair Spence -Jones: Do they speak --? Commissioner Gonzalez: They are Hispanics? Ms. Richardson: Yes, sir, they are. Commissioner Gonzalez: Okay. When did they get hired? Ms. Richardson: They got hired earlier this year. March and April, if I'm not mistaken, are the months that they were hired. Vice Chair Spence -Jones: Was this due to the request of the Commissioner or the comment --? Ms. Richardson: It was due to the fact that I recognize I need diversity in the office. They were already there when Commissioner Gonzalez made that point. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All right. How many Hispanics are on your board? Ms. Richardson: Currently, there are two. Commissioner Gonzalez: Who are they? Ms. Richardson: They are Tom Rebull -- Commissioner Gonzalez: Who? City ofMiami Page 45 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Ms. Richardson: Tom Rebull. Commissioner Gonzalez: Tom Rebull. Ms. Richardson: Yes, sir. Commissioner Gonzalez: Okay. Ms. Richardson: And Rudy De La Guardia. We had others, but they have since resigned. Commissioner Gonzalez: So out of 11 people, you have two Hispanics on the board? Ms. Richardson: Yes, sir, but keep in mind, we do have two people that just resigned from the Panel, and we have two total vacancies; and then there are those ones that have to be ratified that need to come back before the City Commission. Chair Sanchez: Okay. Commissioner Gonzalez: All right. Chair Sanchez: Can we have --? Can we -- discussion, and then somebody call the question so we can vote on what's -- Vice Chair. Vice Chair Spence -Jones: So, again, I just want to say this in a calm nature. Commissioner Gonzalez, I publicly apologize to you if you felt that was in any way trying to call you a racist. You are the furthest thing away from being a racist or -- Commissioner Gonzalez: I hope so. Vice Chair Spence -Jones: -- having an issue with black people. That has never even entered my mind. And I'm saying to Shirley, as the executive director of this, if the Commissioner is having an issue or concern with that, address his issue and his concern. That's what he wants to have happen. And you're right, this is the only time we have the opportunity to tell you if we have a concern about something, and this is the only time you hear us, when it hits your pocket, so -- Commissioner Gonzalez: And let me tell you, for the record, back in 1994I was appointed to the Tri-City Community Association by Ralph Packingham, who was like a brother to me, okay? And I was elected vice president of that organization by the entire board that happened to be entirely African American. And you know why won that privilege and that honor? Because from the first day that went into that organization, all did was find contributions, donations, and ways to help raise the image of the agency and provide services for that community, Afro-American community. Vice Chair Spence -Jones: And that's the reason why, Commissioner Gonzalez, I publicly apologize to you. It was not intended for you. Once again, as I say and state -- and I state on the record, you've always -- before I even got here, with Commissioner Teele, you supported African Americans, and you continue to do the same thing. But let's not punish the work that they're doing. Let's just give them a mandate to make sure that that needs to happen. Commissioner Gonzalez: Well, the problem is that don't even know the work that they're doing. I don't know how many cases they're handling. I don't see how many cases of police abuse. I don't see -- because I don't see it in the news. I mean, I -- unless everything that is happening has been quiet and it's been kept under the rug. I don't see what -- you know, what the -- the problem that motivated this panel to take effect was the Elian case, okay, wasn't it? Elian case. City ofMiami Page 46 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: No. Ms. Shapiro: Mr. Chairman, may I address Mr. Gonzalez? Commissioner Gonzalez: And the panel was constituted -- Chair Sanchez: Folks. Commissioner Gonzalez: -- and the panel started working, and the only people that were not incorporated into this program were Hispanics or Cubans, Americans, that were really the one that got beat up and mistreated and false arrested, and you know, by the police and by the prosecutor's office and by everyone, because that has been the problem in this City. You know what the problem in this City is? That the Cubans do not scream loud enough, that the Cubans do not protest, that the Cubans don't go to -- take the streets. That has been the problem in this City. And that's why everyone step all over the Cubans, all right, and nothing happens. Nothing happens. At all levels of government and law enforcement, they step all over Cuban Americans and nobody does anything and nobody moves. And let me tell you, I'm ashamed of many Cuban organizations in this exile that hasn't taken a strong position the way that they should have taken long time ago to have -- demand the same treatment that other communities are getting in this community. Chair Sanchez: Okay. Vice Chair Spence -Jones: Can you --? Chair Sanchez: Hold on. I got to get control of this meeting, okay? Ms. Shapiro: Yes. Chair Sanchez: So I'm taking control of this meeting. Commissioner Regalado. Commissioner Regalado: And I'll be brief. Chair Sanchez: And you could -- Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: -- address the questions that they have, you could address them, and then we're going to vote on this -- Ms. Shapiro: Thank you. Chair Sanchez: -- whether it goes up or down, and then, if it doesn't pass, somebody could proffer a different amount, okay? Commissioner Regalado: Thank you, Mr. Chairman. I think -- number one, I think that the board should mirror the community and -- but that's up to the board. We do not select the people. We just confirm the people. This is about the board. Number two, I think that the board and the staff should do a better informational campaign because when a City Commissioner doesn't know -- and the only thing I know about this board is that I read the letters, and to and behold, every time that I open one of those letter, I see Chief Timoney saying internal affairs, unsubstantiated, unsubstantiated. You know, Commissioner Gonzalez said something and Commissioner Spence -Jones said also something that I have always said. This board is the only board in the state of Florida of citizens created by the voters. The County board is appointed. This is the only board that was created. Why? Exactly after the Elian riots, exactly after the City ofMiami Page 47 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 riots in Liberty City. And the people saw the need to have a lifesaver to hang on just in case they are not listened by the Police Department. You've had -- you, as a board, have been sabotaged by the Administration and the Police Department because this is the board that had to spend month and month fighting in court your right to bring the chief of police before your board, and finally, you got your say in court. And what the courts did is what the government should have done and saved a lot of money and a lot of time and say, you know, this board has the power of the people, and this board needs to investigate; and this board should have the power to decide the legal counsel, the staff. This is what -- this board -- I see this board as a Jackson Health Trust that the Chairman used to chair that has -- these are important people that do something for the community, the people in the Jackson Trust Board. And you guys are the last hope of the people that feel that have not been treated right by the authorities. And you know, you have spent like a year fighting the chief of police. And what I have tried to find out, I found out that even your investigators are willing to work and do the work that they know how to do, but they don't even have a cell phone. You are running a civilian high profile investigation panel, and investigators does not have cell phones. I -- you know, I think that you should have more control ofyour staff ofyour investigators, of the investigation; and I think that you should also have more oufreach to the people. I have not. Let me tell you something. I go on the air everyday in four radio stations and one TV (Television) station. Not once I have been asked to bring somebody from the Civilian Panel to one of my shows. I mean, somebody had to be listening in one of those. It's the shotgun effect. And that's my point, you know. My point is that you are important, and you know, regardless of the budget -- you do what -- with the budget what we do with the budget, you do whatever you need to do. I'm not going to second-guess the City Manager. I second-guess him on the garbage fee and I lost. But what I'm telling you is that you are so important, and the people ofMiami will be very frustrated if you don't deliver what the people expected. So, hopefully, we will see the board acting now that the court moment have passed with more resolve and more authority and more oufreach and more members mirroring the community. Thank you, Mr. Chairman. Chair Sanchez: Vice Chair Spence -Jones and Commissioner Marc Sarnoff. Commissioner Sarnoff Well, I suspect -- Chair Sanchez: I'll be back. Commissioner Sarnoff -- I'm the white elephant, so to speak. I can assure you, Commissioner Spence -Jones, never once in my life, not ever one day in my life have I ever made a decision predicated upon a person's race, creed, color. I don't promote Cubans. I also don't discriminate against Cubans. I don't promote blacks. I don't discriminate against blacks. I have three cases right now in court for discrimination against blacks where I'm prosecuting the matter. That's not for here or there. None of my decisions on this dais are ever predicated upon color, except for green, money. Everything I do is based upon what is the value of the service and how are they allocating the dollars. It is my humble opinion that when you don't give your investigators the ability to investigate because your top three people account for more than half of your entire budget, that they're not doing what they should be doing. Forgive me; it's an area I happen to know. The lawyer is paid or -- his total compensation package is $244, 000 a year. To put you in perspective with that, I did a little bit of a pay scale search. The average med -- I'm sorry, it's not average. The median salary in the City ofMiami for lawyers -- and the City Attorney should hear this -- is $77, 064. I predicate everything I do up here based upon what I think is right and what I think is wrong. It has nothing to do with color, it has nothing to do with race, and it has nothing to do with creed. I don't promote Anglos and I don't discriminate against Anglos. I don't promote anyone. I think I have a good relationship -- I hope I do -- with everyone up here, and I just don't care, truthfully, what a person's background is. I got on this dais. Sometimes Commissioner Regalado would laugh at me, and he'd say you don't even know who this person is and you don't even know his history. I don't. I don't care to know a person's history. All I care is how a person treats me. I only care about how a person treats me. I only care about what I City ofMiami Page 48 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 was intended to bring to this table, what was intended to bring to this public debate. Whatl was, I believe, voted to do was to bring fiscal responsibility to this dais. Whether it's because my district pays more or not, ifI were sitting in anyone else's shoes, I would still be bringing, I think, fiscal responsibility. Just because somebody says you could -- just need to cut them 50,000, I could tell you that two of the members that left the CIP, who were Hispanic, left because they couldn't stand what was being done with the budget. How do I know that? Because I was there. That's not my point. But don't want to -- I could debate you. It's late. I know those comments were probably directed at me. You must think I have some sort of motivation. My motivation is to save money for the citizens ofMiami. My motivation is to get every dollar that they get -- they pay tax -wise and get as much value for service as possible. It is my humble opinion that based on this budget, they're not getting all the services they could and should get, regardless of a person who's at the top or bottom's race, creed, or color. It is not my concern that there is an Anglo on this board. It is not my concern that there's an African American on this board. My concern is the people do their job on this board, and doing your job is not predicated upon a color. It's not predicated upon a race. You know, I happen to support Barack Obama. It's not because he's a black man. He happens to be the smartest man in the race, period. Maybe that's an unpopular thing to say. I just support who I believe will do the job, and I believe this City Manager has come up with a budget of 928, and I know that that would have -- require reallocation of resources, and it's time they do so. That's all I have to say. Vice Chair Spence -Jones: Thank you, Mr. -- Commissioner Sarnoff. First of all, just real fast, I want to just clear up some things on the record because -- Ms. Shapiro: Please. Vice Chair Spence -Jones: -- there were some things that were said -- Ms. Shapiro: And I wanted to answer Commissioner Gonzalez and give him facts. Vice Chair Spence -Jones: Okay. The number one thing that wanted to note, the board itself was created because of what now? I just want to be clear. When was it created and the purpose of it being created? Ms. Shapiro: It was created by -- first of all, there was a referendum in the year 2000. The panel was created -- a nominating committee was created in 2002 and the panel was selected in 2003. In order to create the panel, in order to have the referendum, it required a coalition of citizens of the City ofMiami representing all neighborhoods, all people, all of them working together to bring the referendum about. And that's how it was created. Vice Chair Spence -Jones: Right. But the comment around it was created around the issue of what happened with Elian -- I just want you to make sure that -- so that's where it all started? Ms. Shapiro: No. Vice Chair Spence -Jones: Okay. I just want you to -- Ms. Shapiro: No. Vice Chair Spence -Jones: You've got to correct the record because I want to make sure -- Ms. Shapiro: I will correct the record. At the time that the referendum passed, 13 City ofMiami police officers had been indicted and were standing before a federal grand jury -- a federal jury for police shootings, and those shootings and plantings of guns were, as you stated, all of them in the African American community. However -- City ofMiami Page 49 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Regalado: But the beating -- Ms. Shapiro: -- the -- Commissioner Regalado: -- on the Elian -- Ms. Shapiro: Can I finish, Commissioner? Commissioner Regalado: -- it jump-started the Cuban community to support -- Ms. Shapiro: Exactly. Commissioner Regalado: -- up to 75 percent. Ms. Shapiro: Exactly. Commissioner Regalado: Because all three communities voted for it -- Ms. Shapiro: All -- Vice Chair Spence -Jones: Right. Ms. Shapiro: -- three communities voted for it, and Elian's arrival and the way the police behaved towards members of the community, and particularly the Cuban community, brought this coalition together. Vice Chair Spence -Jones: Together. Ms. Shapiro: And so it was Elian's arrival, it was police shootings of black citizens, andAnglos saying this has to stop -- Chair Sanchez: It was the perfect storm -- Ms. Shapiro: -- and it was created. Chair Sanchez: -- to create a civilian investigative panel. Ms. Shapiro: Right. Chair Sanchez: Okay. Ms. Shapiro: It was the perfect -- Chair Sanchez: Listen -- Ms. Shapiro: coalition. Chair Sanchez: -- can somebody call the question? Vice Chair Spence -Jones: One second. Ms. Shapiro: I need to -- Vice Chair Spence -Jones: I'm not finished. City ofMiami Page 50 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Ms. Shapiro: -- tell -- answer Commissioner Gonzalez' question. It's an important question. We processed 319 investigations -- closed 319 investigations this year, Commissioner. We have a Spanish-speaking investigator who has done wonderful work for us. There are many complaints filed by members of the Cuban community. Commissioner Gonzalez: You have a Spanish-speaking -- you have Hispanic investi -- one thing is to have a Hispanic -speaking -- Ms. Shapiro: He's a Hispanic and he speaks Spanish. Commissioner Gonzalez: -- because actually, there is nothing called Hispanic speaking. Ms. Shapiro: He is Cuban and he speaks Spanish. Commissioner Gonzalez: He's a Spanish-speaking investigator. Ms. Shapiro: -- Spanish. Commissioner Gonzalez: Okay? Ms. Shapiro: He's a -- Commissioner Gonzalez: You can have --. Ms. Shapiro: -- Cuban American and he speaks Spanish. Commissioner Gonzalez: Okay, so he's an American that speaks Spanish? Ms. Shapiro: Yes. Commissioner Gonzalez: Okay, so he's -- Ms. Shapiro: No. He's a Cuban American -- Commissioner Gonzalez: Okay. Ms. Shapiro: -- who speaks Spanish. Commissioner Gonzalez: Cuban American. Then -- because one thing is to have a Spanish-speaking investigator and another thing is to have a Hispanic -- Ms. Shapiro: I understand that. Commissioner Gonzalez: -- investigator. Ms. Shapiro: I understand that. Our investigator is a Cuban American who speaks Spanish. I would also point out that each year we get more and more citizens who direct file their complaints with the Panel, but do they know about us? Do the citizens of the City ofMiami know about us? Not nearly as well as they should because last year we had $50, 000 in our budget for an oufreach professional, and that had to be removed because $150, 000 was cut from our budget last year. The initial request was 200,000; we were given back 50,000, and I remember well, and thank you, Chairman Sanchez. So we had to cut 150, 000, and part of that was an oufreach person. But we understand your concern, Commissioner Gonzalez. And I was very concerned when, last spring, I was told that you had a problem with things said at the Panel, and so I requested a tape. All our meetings are taped. And I requested the tape, and I asked the City City ofMiami Page 51 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Manager to please view the tape because if, in any way, any member of the Civilian Investigative Panel has offended any member of this Commission, we would apologize and be remiss. So we addressed it at that time, and we have long known that this panel needs diversity, and we've long known that this Commission expects it from us. Vice Chair Spence -Jones: And just please respond on the salary issue because it was brought up again. We have to stop putting stuff out there that's not all the way factual. The issue of the attorney and the salary, isn't there a salary reduction, and also -- in this proposed new budget? Ms. Shapiro: In the proposed new budget -- well, I don't know what number we're talking about because -- Vice Chair Spence -Jones: Well, I was told that -- Ms. Shapiro: -- when I came in tonight, I thought it was one million twelve, and then it was -- Vice Chair Spence -Jones: -- based upon the number that we're talking about, it's almost a half - - the salary is cut in half. Ms. Shapiro: Yes. Vice Chair Spence -Jones: Correct? Ms. Shapiro: Yes. Vice Chair Spence -Jones: And that the malpractice has now been removed? Ms. Bru: Yes. Vice Chair Spence -Jones: Okay, so I just want to make sure we clear that up because we put stuff on the record -- Ms. Shapiro: Please. Vice Chair Spence -Jones: -- and we send messages out, and quite frankly, that's not what's here now. Ms. Shapiro: Our executive director's pay package was established by resolution of this City Commission on October 23, 2003. The terms of her agreement with Civilian Investigative Panel was ratified by the Commissioners then sitting and approved by the then City Manager. The terms of her pay package can only be negotiated with her; and if she's willing to change them, we still have to come back to the Commission and a resolution has to be changed. We have no control over that without your assistance. Our independent counsel agreed to serve one more year after his three-year confract. That confract is up in January. And there is a discussion in the panel of how -- whether we need full-time or part-time counsel, and salary requests will be based upon that decision. But clearly, the number this Commission gives us this evening will determine what the budget committee of the Panel and the personnel committee of the Panel are charged to do going forward. That's why I requested the 980, and said to the City Manager, I don't see how we can function on 928, but I do think we can make it on 980. Chair Sanchez: Okay. The motion -- Commissioner Gonzalez: Let me emphasize once again that the reason that motivated the Hispanic or the Cuban American community to vote in favor of this panel was the Elian case because the Spanish or the Cuban -American community have always supported their police City ofMiami Page 52 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 department, okay? So the only issue that really motivated the Cuban American to go out and vote, I think it was -- Regalado is better than me at numbers -- 70 percent or whatever. Ms. Shapiro: Seventy-six. Commissioner Regalado: Seventy-six percent. Commissioner Gonzalez: Seventy-six percent of the Cuban Americans -- Commissioner Regalado: And, you know, that referendum was an offspring of what we created here in this Commission; that was the Elian panel -- Commissioner Gonzalez: The Elian panel. Commissioner Regalado: -- that had hearings about the situation with the police because remember that on April of that year, hundreds of people were arrested; and as today, we're still paying Elian legal cases in the City of Miami. Like I remember several months ago, $53, 000, just still -- Elian suit, some guy whose head was broken by the police. So if the Hispanic community knows that there is this board, that it functions, that it's open, they will go; and probably, you know, you will have hundreds of complaints that turn to be nothing, but maybe one. Ms. Shapiro: We do have many complaints from members of the Cuban community, Mr. Regalado. Chair Sanchez: All right. Listen, can we please vote on the issue? There's a motion and a second on $128, 000 [sic] -- Vice Chair Spence -Jones: Mr. Chairman, I'm going to withdraw my second on it. I'm going to ask that we at least -- we've heard from both sides regarding this issue, and once again, for Commissioner Gonzalez, I understand what your viewpoints are totally, and once again, I apologize to you for any misunderstandings regarding the issue, and thank you for giving me the history of the panel and how it was created and started; and it gives me a better understanding of why you're so passionate about the issue. And I want to make sure that we do say to the director that -- and to the chairman of the board that we do whatever it takes to make sure that this board is as diversified as possible. But I would like to at least appeal to the body that's sitting up here that if the City Manager can make the adjustment for $60, 000, can we -- Chair Sanchez: Fifty-two thousand dollars. Vice Chair Spence -Jones: Excuse me, $52, 000 -- can we please consider that with these recommendations that the board makes -- Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: -- those changes? Mr. Hernandez: -- ifI may. Something very important that I should put on the record, that my relationship with Ms. Shapiro, I mean, has been excellent. I've been work with her over the last, I don't know, year and a half -- Ms. Shapiro: Yes. Mr. Hernandez: -- in a very positive way, and I think that she sincerely meant it when she talked about addressing the issues as to the staffing and the membership in the board. I had the City ofMiami Page 53 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 opportunity of working with her on a sensitive case, and I think she's someone that can be trusted. Chair Sanchez: All right. Ms. Shapiro: Thank you, Mr. Manager. Chair Sanchez: We -- Mr. Hernandez: And if you feel that the -- I went to her with a 928, 000 figure. She told me that she wanted to cut, but not -- could not afford to go that low. She told me 980. I would support the 980 figure that she's proffered. Ms. Shapiro: Thank you, Mr. Manager. Chair Sanchez: All right. So you just stated on the record that you would support the 980? Mr. Hernandez: Yes, I did, sir. Chair Sanchez: Okay. So it's no longer 928. All right. We -- well, first of all, you're the Administrator. We dictate policy. So let's vote, and we've discussed this long enough. We spent an hour and ten minutes on this issue. Vice Chair Spence -Jones: So I'd like to move the 980. Ms. Burns: Excuse -- Chair Sanchez: All right. There's a motion. No. We had -- Ms. Burns: -- me. For the record, we already have a motion by Commissioner -- Chair Sanchez: No, we don't, Madam Clerk. The second was withdrawn. Ms. Burns: The second we show was by Commissioner Sarnoff. Commissioner Gonzalez: That's right. Chair Sanchez: You -- didn't you withdraw --? Okay, so -- Commissioner Gonzalez: I made the motion and Commissioner Sarnoff second the motion. Vice Chair Spence -Jones: I second it, but you called his name. Chair Sanchez: All right, so there's still a motion on the floor for 128 -- Commissioner Sarnoff Nine twenty -- Chair Sanchez: -- a hundred and -- Commissioner Sarnoff -- eight. Chair Sanchez: -- nine twenty-eight. Motion was made by Commissioner Sarnoff [sic], second Ms. Burns: Gonzalez, seconded by Commissioner Sarnoff. City ofMiami Page 54 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Gonzalez: Right. Chair Sanchez: Listen, you have it all screwed up; I can't figure it out. Ms. Burns: That was the original motion, and that was the clarity we needed on the dollar amount, and now you're saying 980, 000. Chair Sanchez: No. Commissioner Sarnoff No. Chair Sanchez: No. The motion that's on the floor now is for 928 -- Commissioner Sarnoff Twenty-eight thousand. Chair Sanchez: -- okay. That's the motion -- Ms. Burns: Okay. Chair Sanchez: -- and that's what we're voting on. Ms. Burns: On 928 thou -- Chair Sanchez: All right, so let's do a roll call on that, okay. Commissioner Gonzalez: Do a roll call on it. Chair Sanchez: Roll call. Let's go, let's go. We got an hour and 15 minutes on this. This should have been worked out way before. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: Which one are we voting for? Chair Sanchez: Jesus Christ. Commissioner Regalado: Hey, sometimes -- I mean, I know I'm brilliant, but sometimes I don't get something -- Commissioner Gonzalez: The Manager's recommendation for 98 -- for 928, 000. Commissioner Regalado: So -- Ms. Burns: Nine twenty-eight. Commissioner Regalado: -- I asked that question because there was another motion on the floor, so what did we do with that motion? Commissioner Gonzalez: Nine twenty-eight. Commissioner Sarnoff There's only one motion on the floor. Chair Sanchez: There's only one motion on the floor; it is $928, 000, so let's vote on that motion. There is a roll call on the motion. City ofMiami Page 55 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Commissioner Regalado: So that's not the amount that the Manager is recommending? Vice Chair Spence -Jones: He's recommending -- Ms. Shapiro: No. Vice Chair Spence -Jones: -- 980. Mr. Hernandez: That was the original amount that I did mention. Commissioner Regalado: That's what I'm asking. Mr. Hernandez: Yes. Commissioner Regalado: That's what I'm asking. And the Chairman said, you are the Administrator that just recommended this -- Mr. Hernandez: What happened -- Commissioner Regalado: -- so what is wrong with you guys? Mr. Hernandez: -- Commissioner, is that I did mention the figure 928, 000. I had spoken to Ms. Shapiro outside the chamber, heard the comments that she made, reference the services that she needs to continue to provide; and based on that, personally, I would like to support the number that she offered. Commissioner Regalado: Then -- Mr. Hernandez: However, the motion that is on the floor is the 928. Chair Sanchez: All right. Commissioner Gonzalez: Let me ask you something, Mr. Chairman. Commissioner Regalado: Let's vote on the 928. Commissioner Gonzalez: Through the Chairman. Yeah, because this is funny. I mean, you know. The more I hear this discussion, the more frustrated I get. Mr. Manager, how much have you cut the budget of the Goodwill Ambassadors or the group that Ada Rojas -- Vice Chair Spence -Jones: They didn't cut it. Commissioner Gonzalez: -- runs? What's the name? What's the -- Commissioner Regalado: Community Relations Board? Commissioner Gonzalez: The Community Relation [sic] Board. Chair Sanchez: No. Vice Chair Spence -Jones: They didn't cut it; they actually enhanced it. Commissioner Gonzalez: Yes. They cut them $50, 000, I believe. City ofMiami Page 56 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Vice Chair Spence -Jones: No. They enhanced it. Commissioner Gonzalez: Right? Vice Chair Spence -Jones: They enhanced it. Mr. Hernandez: No, Commissioner. Vice Chair Spence -Jones: No. Mr. Hernandez: I think it was -- Vice Chair Spence -Jones: They got more this year. It was (UNINTELLIGIBLE) -- Commissioner Regalado: It was -- Mr. Hernandez: It was a very small figure, I understand. Commissioner Regalado: -- $12, 000. Commissioner Gonzalez: And how much -- what is their funding? Mr. Hernandez: Excuse me? Commissioner Gonzalez: What is their total funding? Mr. Hernandez: Hold on. Commissioner Regalado: Their what? Vice Chair Spence -Jones: Total funding. Commissioner Gonzalez: Their total funding. Their total funding is about $175, 000. Vice Chair Spence -Jones: They didn't get cut, though. Commissioner Regalado: Oh, yeah. Small. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: Mike, you told me they were not cut. Commissioner Regalado: Very small. Vice Chair Spence -Jones: They didn't get cut, right? Michael Boudreaux: The -- Mike Boudreaux, director, Management and Budget. The total budget for the CRB (Community Relations Board) went from 178,588 for the adopted budget of '08 to 192, 772. Two thousand dollars was cut out of their operating expenses; however, salary adjustments of 16,184 was made. Commissioner Gonzalez: So you increased their budget? Mr. Boudreaux: Only based on the salary adjustments for the existing personnel. Two thousand dollars was taken out of their operating expense budget for next year, but the increases were as a City ofMiami Page 57 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 result of the salary and benefit adjustments. Commissioner Gonzalez: Yeah, but they got the increases that; you can't deny because you can't deny them the increases, right? Vice Chair Spence -Jones: No. Mr. Boudreaux: That's correct. Commissioner Gonzalez: Huh? Mr. Boudreaux: That's correct. They had a salary and benefit adjustments. Commissioner Gonzalez: Right, so -- what I'm talking about is their operational budget. How much were they cut? Because I was told that they were being cut $50, 000 this year, and I even suggest -- thought -- and I spoke to my chief of staff and I said if they cut their budget by 50,000, I will get $10, 000 from my office account and donate it to -- and give it to that organization so they can continue to work and do the work that they do because they only have -- what's their staff? Three or four people, right? Vice Chair Spence -Jones: Yeah -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- but they didn't get cut -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- Commissioner Gonzalez. Mr. Boudreaux: Three people. Commissioner Gonzalez: Three people, right? Vice Chair Spence -Jones: We pushed hard to make (UNINTELLIGIBLE). Commissioner Gonzalez: And how much do they make? Mr. Boudreaux: How much do they make each? Commissioner Gonzalez: Yeah. Mr. Boudreaux: I'll have to get that information to you, Commissioner. Commissioner Gonzalez: Would you get me the number, how much do they make? Commissioner Regalado: Fifty thousand. Commissioner Gonzalez: Fifty thousand, right? The head make 50,000. Commissioner Regalado: The other is 35. Commissioner Gonzalez: The other probably 30, 25. Mr. Hernandez: Commissioner, their -- City ofMiami Page 58 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.18 08-01067 Community Redevelopment Agency (CRA) Commissioner Gonzalez: So, you know -- Mr. Hernandez: -- operational budget was only -- Commissioner Gonzalez: -- it's like I'm telling you. Mr. Hernandez: -- reduced by 2,000. Chair Sanchez: All right. Commissioner Gonzalez: It's a joke. Chair Sanchez: Let's -- come on, let's vote. All right, enough is enough. The original motion that's on the table right now for a vote is $928,000. Roll call. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: No. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Burns: Chair Sanchez? Chair Sanchez: Why does it always boil down to me? Well, I'm going to vote yes because I've always supported all the budget cuts that have come in front of us today, and these are tough times for everybody. I think you're a great organization; I support it, but you know, we're facing with some tough times. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. 08-01067 Legislation.pdf 08-01067 Exhibit.pdf 08-01067 Cover Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 59 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 BH.19 08-01074 Liberty City Community Revitalization Trust R-08-0566 Chair Sanchez: So moving along, BH.18, CRA (Community Redevelopment Agency). James Villacorta: Good evening. James Villacorta, executive director of the City ofMiami Community Redevelopment Agencies, 49 Northwest 5th Street, Miami, Florida. It is recommended that the Miami City Commission pass the attached resolution accepting and adopting the fiscal year '09 budgets for the Southeast Overtown/Park West Omni Redevelopment District and Midtown Community Redevelopment Agencies. Chair Sanchez: This should not take two minutes. Mr. Villacorta: All is approved by the CRA Boards. Chair Sanchez: Can I get a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Mr. Chairman, I'll move it. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. Any further discussion? It's a resolution, BH.18. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed; coming back to the Commission. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Villacorta: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 08-01074 Legislation.pdf 08-01074 Exhibit.pdf 08-01074 Cover Memo.pdf 08-01074 Pre Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0567 Chair Sanchez: BH.18 [sic]. Commissioner Gonzalez: And I also move BH (Budget Hearing) -- City ofMiami Page 60 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Pamela E. Burns (Assistant City Clerk): That's BH. 19. Commissioner Gonzalez: -- BH. 19 -- Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: -- which -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- by the way, is in Liberty City. Vice Chair Spence -Jones: Thank you. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: They got a cut, though. Chair Sanchez: They got a cut for 75, right? They cut you for 75? Vice Chair Spence -Jones: Fifty. Chair Sanchez: Fifty? Vice Chair Spence -Jones: Yeah. Chair Sanchez: All right. Need a motion. Commissioner Sarnoff You got it. Commissioner Gonzalez: You see? Commissioner Sarnoff You got a motion and a second. Chair Sanchez: I got a motion and a second. Any discussion on the item? It's a resolution, BH.18 [sic]. Open to the public. Anyone from the public wishing to address this item? Commissioner Gonzalez: And let me tell you, it's sad to see that they are being cut. You know why? Because let me tell you, for the seven years that I've been sitting in this dais, it's the first time on the last two or three years that this organization is really making a difference, building homes, building affordable housing, revitalizing the community. I tell you what, ifI have to get some money from my budget to assist them, I will. Chair Sanchez: But -- Commissioner Gonzalez: And that's fairness. Chair Sanchez: -- they're in front of us taking a cut, just like all the agencies -- Commissioner Gonzalez: But they're taking their cut. Chair Sanchez: -- just like all the departments in our -- Commissioner Gonzalez: They're taking the cut. City ofMiami Page 61 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 Chair Sanchez: -- city and the City cut its budget. These are tough times. We've got to do more with less. That's just how it is. We don't have a tree here at City Hall that grows money. I wish we did, but we don't. Okay, it's a resolution. There was a first and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." BH.19, resolution, was approved. That takes care of the budget. Ms. Burns: Can we get a motion to adjourn the budget hearing? Chair Sanchez: All right. Commissioner Sarnoff So moved. Chair Sanchez: Need a motion to adjourn the budget hearing. Commissioner Gonzalez: Second. Chair Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." NA.1 08-01173 DISCUSSION ITEM DISCUSSION CONCERNING THE EXONERATION OF BARBARA GOMEZ-RODRIGUEZ, PAST DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT. DISCUSSED Commissioner Gonzalez: Commissioner Regalado -- Vice Chair Spence -Jones: Before you leave -- Commissioner Gonzalez: -- before you leave. Vice Chair Spence -Jones: Commissioner Regalado. Pamela E. Burns (Assistant City Clerk): And -- Commissioner Regalado: Huh? Commissioner Gonzalez: I don't know if you're aware, I don't know if everyone is aware in this dais. This is something that just happened. It doesn't surprise me because I always -- and this relates to unfairness. We had an excellent employee in this City, an employee that made a tremendous difference running a department, okay, and that department was Community Development; and that employee, that lady was Barbara Gomez, okay? Between the instigation of the Miami Herald and the lack of backbone of many people in this City, they destroyed Barbara Gomez' life to the extent that she suffered a heart attack back on those days, okay? I don't know if many people know that, okay? I always believed in her. I always believed that she was innocent. But they spread rumors that she was going to get convicted, that the State Attorney was investigating her; that the CIA (Central Intelligence Agency) was investigating her; that the Boy Scouts were investigating her; that everybody was going to open a case against her; City ofMiami Page 62 Printed on 10/16/2008 City Commission Meeting Minutes September 25, 2008 that the Federal Government was investigating her, the FBI (Federal Bureau oflnvestigation), U.S. HUD (United States Department of Housing and Urban Development), so-so, so-so, so-so. Well, for everyone's knowledge, Barbara Rodriguez -- or Barbara Gomez had her hearing in Washington, and she was found innocent of any wrongdoing while running the Community Development organization in the City ofMiami with the U.S. HUD funds. Commissioner Regalado: Now -- Commissioner Gonzalez: I believe a lot of people -- Commissioner Regalado: -- the City will settle with her as they did with -- Vice Chair Spence -Jones: Mary Conway? Commissioner Regalado: -- Mary Conway. Commissioner Gonzalez: I believe at this point -- and I mentioned it a couple of times here in this Commission chambers -- some people in this City got to be feeling pretty, pretty bad. Commissioner Regalado: No, they won't. Commissioner Gonzalez: Okay? Commissioner Regalado: No, they won't. Chair Sanchez: All right. Ms. Burns: Excuse me. Vice Chair Spence -Jones: So are we -- Ms. Burns: Mr. Chair -- Vice Chair Spence -Jones: -- directing the City Manager to come back with a full report or to follow up on -- Pedro G. Hernandez (City Manager): Commissioner -- Vice Chair Spence -Jones: -- Barbara's --? Mr. Hernandez: -- I'll go back and take a look at the findings from -- Chair Sanchez: We've already adjourned the meeting. Mr. Hernandez: -- HUD and report back to you. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and passed unanimously, to adjourn today's meeting. City ofMiami Page 63 Printed on 10/16/2008