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HomeMy WebLinkAboutCC 2009-09-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 24, 2009 5:05 PM SECOND BUDGET HEARING CONTINUED AND FINALIZED ON SEPTEMBER 29, 2009 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 24, 2009 5:05 P.M. CONTENTS BH- SECOND BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR 2009-2010 TENTATIVE BUDGET BEGINNING AT 5:05 P.M. BH.1 THROUGH BH.18 SECOND BUDGET HEARING Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 24th day of September 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, for its second budget hearing session. The meeting was called to order by Chair Sanchez at 6:08 p.m. for the second budget hearing session, recessed at 9:55 p.m., reconvened at 10:35 p.m., recessed at 12:00 a.m. (September 25, 2009), reconvened at 12:06 a.m., and recessed the meeting at 12:19 a.m. to be continued to Tuesday, September, 29, 2009 at 5:05 p.m. Note for the Record: Commissioner Gonzalez entered the Commission Chambers at 6:09 p.m and Vice Chair Spence -Jones entered the Commission Chambers at 6:11 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 29th day of September 2009, the City Commission of the City ofMiami, Florida, continued its meeting from September 24, 2009 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 7:18 p.m., recessed at 11:59 p.m., reconvened at 12:19 a.m. (September 30, 2009), and adjourned at 12:29 a.m. Note for the Record: Commissioner Regalado entered the Commission Chambers at 7:19 p.m and Vice Chair Spence -Jones entered the Commission Chambers at 7:23 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chair Sanchez: Good evening, ladies and gentlemen. The City ofMiami budget hearing, which was continued, will be called back to order. It was properly advertised on the 24th and continued. So at this time, Madam Attorney, can you read the procedures to be followed on the record? Before we do that, those being present here today are the Mayor, Manny Diaz, Chair Joe Sanchez, Vice Chair Michelle Spence -Jones, Commissioner Angel Gonzalez, Commissioner City ofMiami Page 2 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 David Sarnoff, Commissioner Regalado, City Attorney [sic] Pedro Hernandez, and our City Attorney Julie O. Bru; also with us, our City Clerk, Priscilla Thompson. This is our budget hearing that was properly advertised and continued on the 24th to allow all parties to try to come to an agreement so we could balance this budget, which must be balanced by tomorrow, September 30. At this time, I'll recognize the City Attorney to read the procedures into the record as we will follow them during this budget hearing. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Yes, Mr. Chairman and members of the Commission. It's my understanding that on the 24th we concluded the public hearing on both the millage, which was voted on. I believe we did adopt the millage rate, and then the vote on the budget, the actual budget for fiscal year '09/'10 was not voted on, but the public hearing was concluded. So having said that, I am going to read these procedures into the record to the extent that the Chair may decide to allow any comment as to any of the items that are before you today. Chair Sanchez: No. Just in case there may be any questions from the Commissioners. Ms. Bru: Any questions. Chair Sanchez: The public hearing was opened for both, as you stated, the millage and the budget, and it is closed -- Ms. Bru: Okay. Chair Sanchez: -- so -- Ms. Bru: All right, well, it's not anticipated that there will be any public comment. Chair Sanchez: Well, let me -- correct me, if I'm wrong. We didn't have any public comment on the other items that have not been voted on, correct? We did not have any on the Virginia Key Beach. We did not have any on the CIP (Civilian Investigative Panel). So therefore, when we get to those, we will open those up for public -- Bru: Okay, so let me -- Chair Sanchez: -- so therefore, read the procedures into the record, please. Ms. Bru: Okay. Let me read the procedures. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission, and a copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. No cell phones or other noisemaking devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. And any person with a disability requiring auxiliary aids and services for this meeting, please notify -- ORDER OF THE DAY City ofMiami Page 3 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.1 09-00915a Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2009-2010. THE PROPOSED GENERAL OPERATING MILLAGE RATE 7.6740 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 IS 14.66 % LOWER THAN THE ROLLED -BACK RATE OF 8.9918. 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 AMENDED FINAL BUDGET AS NECESSARY 09-00915a Discussion Item.pdf 09-00915a-Submittal-Mayor's Proposal.pdf DISCUSSED Chair Sanchez: Ladies and gentlemen, at this time we will start the budget hearings that were properly advertised for 5:05. We do have three Commissioners. We'll wait for -- we'll go ahead. By the time that -- okay. We'll -- this is -- the budget is second budget hearing. At this time the Commissioners that are present will be the Mayor, Joe Sanchez as your Chair; Michelle Spence -Jones, Vice Chair. She's in the building; not here with us now; Commissioner Angel Gonzalez is also here, not in the build -- not here but in the building; Commissioner Marc Sarnoff, Commissioner Regalado; City Manager is present and our City Attorney also, the City Clerk. Ladies and gentlemen, we have 150 registered speakers, 150 registered speakers at two minutes. You do the math. It's going to be a long night. What we do ask for your cooperation. Everyone will have an opportunity to address this Commission. At this time, what I would like to do is have the City Attorney read the procedures to be followed during the hearing. Madam Attorney, could you read the procedures to be followed? Julie O. Bru (City Attorney): Thank you, Mr. Chairman and members of the Commission and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and on line at www.miamigov.com. No cell phones or other noisemaking devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. And I know the sergeant -at -arms has asked that you please keep the exit aisles and corridors free of obstructions. Chair Sanchez: Once again, if you are called to address the Commission, please state your name and address for the record. Once you speak, you could either go back to your seat or if you could be so kind to let someone who is outside come in and sit so they could be able to address the Commission. At this time we do have all the Commissioners present for the budget hearing. We're going to go ahead and -- whether, one, we introduce the Mayor first, or do you want to go ahead and go with BH.1, which is a discussion item? At this time, we'll introduce the City ofMiami Page 4 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mayor to address the Commission, and we could -- are you ready for the presentation when you're ready. Sir. All right, Mr. Mayor, you're recognized for the record. Mayor Manuel Diaz: Good evening, Mr. Chairman, Madam Vice Chairman [sic], Commissioners, fellow residents, and fellow City employees. First, I want to tell you how much I appreciate the many, many hours that all of you have devoted to this process and to let you know that your advice and counsel has been extremely valuable to me in developing this budget. I also want to again thank our staff in particular the efforts of our City Manager, our CFO (Chief Financial Officer), and Michael Boudreaux, and finally, I also want to especially recognize the efforts of Charlie Cox, Bobby Suarez, Joe Simmons, Chief Timoney, Deputy Chief Fernandez, and Chief Kemp. I recognize that this process is and has been very difficult for all of them, but make no mistake, they cared deeply for the men and women that they represent and for the city that they serve. Two weeks ago I presented a proposed budget for fiscal year 2010. It was a bare -bones, no frills budget requiring us to make very tough and realistic decisions without political or personal considerations. We have a legal obligation to balance our budget, and it will take $118 million in savings to do this, but balancing our budget is more than a legal obligation. We also have an obligation to our employees, the men and women who make this city work each and every day. We want to do right by them, preserve their jobs, and not abandon them during these difficult economic times. The proposed budget was guided by four fundamental principles. First, provide additional tax relief by maintaining our millage rate flat. We have achieved this. While other local governments are balancing their budgets on the backs of taxpayers, we are not raising taxes, and I thank you for that. Second, maintain healthy reserves. The proposed budget assumes no use of fund balance whatsoever and I also thank you for that. Reserves allow us to deal with the unforeseen: Hurricanes, litigation, maybe even terrorism. As our Finance Committee so articulately warned us, what we are facing is foreseeable. We also need strong reserves in order to access the bond markets. City services are more than just routine operating expenses; they are also about making the investments necessary to continue to rebuild our infrastructure, our streets, our parks, our sidewalks, dealing with flooding. In the last eight years we have leveraged two billion in investments. This would not have been possible without access to the markets and strong reserves. And again, unlike many other local governments, we have stood firm to this principle. Third, we have sought to minimize the impact on the delivery of services and the quality of life our residents have come to expect. We have proposed significant cuts across all departments, and these reductions are on top of the 100 million in savings during the past two years. Our directors will continue to deliver excellent service to the people ofMiami, andl thank them for that. Our parks will continue to deliver quality programs. I remind you that our Parks budget has more than doubled over the past eight years. Parks and pools will not close, hours will not be reduced, after school and swimming programs will remain. All of us are extremely proud of our nationally -recognized homeless program. Services to this vulnerable population will continue largely unaffected. Our commitment to international affairs, art, culture and film, sustainability and community relations will continue. While we are unable to continue prior levels of support, the budget retains one position per office to ensure that these important functions are preserved and recent gains are continued. We all recognize the unique value and the historical legacy of Virginia Key Beach. While we cannot afford to fund salaries and other expenses for the development of the proposed museum, we can fund current operations. Our general fund already includes approximately half a million dollars in the Parks Department to support general operations and maintenance. In addition, total revenues generated at Virginia Key can provide the Parks Department with the funds necessary to operate the train, the carousel, and the concession stand. Virginia Key Beach must and will remain open for business. Finally, the budget calls for the elimination of our NET (Neighborhood Enhancement Team) offices. We simply cannot afford the $4.4 million required to maintain our existing operation. All of us, I think, will agree that our NETs have been a tremendous asset and have some of the City's finest employees. However, in this budget climate, our NETs are an expense that we cannot afford. It is important to note, however, that many core functions remain. Litter and Graffiti Busters are moved to other departments. Our homeless program is left intact. Our Neighborhood Resource Officers continue their roles. Our access City ofMiami Page 5 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 programs will continue their efforts to fight poverty and create opportunities. In addition, should we finalize a deal -- and we are all hopeful that we will -- with our general employees union, 28 of the jobs that we will save are NET employees, allowing us to continue to staff all or a portion of our NET offices without fiscal impact to next year's budget. Our fourth guiding principle is to protect the jobs of as many of our employees as possible. In order to achieve this, sacrifices have to be made. The question is who makes these sacrifices? Thankfully, we have chosen not to further burden our taxpayers and not jeopardize our reserves, so there's only one other place to look and that is internally. We have made huge cuts to those expenses that we control from operating expenses to salaries and benefits of our nonunion employees. Again, all on top of the 100 million over the last two years. Yet, these very steep and painful cuts are not enough to balance our budget. They are also not enough to save jobs. In order to save jobs, we have asked our unions for help. Three of our union leaders are working with us, and I again commend them for their hard work and for their willingness to protect even the least senior among them. Now, let's recap, if you look at the screen, our original request. I think it's important to understand where we started and where we are today in our continuing conversations with the union groups. If you remember, originally we proposed a tier salary reduction system that applied both to union and nonunion employees. You will note that from 15 percent down to 6 percent cuts, depending on your salary range. The proposal also included foregoing across-the-board anniversary and longevity salary increases. All of this design, as all of you remember, to generate savings adding to approximately $28 million and this is the, you see in your chart, listing by union category. Now, these savings, it's also important to note, help preserve the following number of jobs. As you can see in general employees, 125; Police, 177 andAFSCME (American Federal, State, County, and Municipal Employees), 871 [sic]. Now, let's look at where we are today. And again, this is fluid. We continue talking. But generally, this will give you a sense of where we can be if these types of concessions are secured, in this case, from general employees. As you see, between across-the-board increases being used for additional pension contributions, a 4 percent across-the-board salary reduction, and the DROP (Deferred Retirement Option Plan) -incentive program that Larry had described to you a little earlier today. You can save 125 jobs. That gets you up to that $7.8 million number. Unfortunately, as you remember from our first budget hearing, that still leaves 86 jobs that are subject to layoff. Now, to save all 210 jobs, these are the different components that we have been discussing and continue to discuss with Charlie and his group and, of course, this continues to be fluid in change, but essentially, furlough days, longevity, anniversary, 3 percent across-the-board for employees in the DROP program, and an additional incentive from the DROP program that Larry discussed. Now, I was also going to talk about Solid Waste, butt was very happy to hear that you approved the MOU, and as a result, that deal is done and we have saved the 13 jobs that were threatened to be eliminated if this budget, and I also want to join all of you in thanking Joe Simmons for his tremendous work, and not just Joe, but the rest of his group that showed up to all the meetings with the Manager, and particularly, for the words that he said while he was up here addressing all of you. So next, we'll go to Fire, and as you can see there, again, across-the-board salary increases, salary reductions dealing with new hires, contributions to the health trust, holiday reduction, compounding effect, which Larry can get into more detail with you, and a 2 percent salary across-the-board, salary reduction gets you to the number that we need from the Fire union. As I indicated earlier, Bobby has been meeting continuously with Pete and Larry and continues to work on this. And then, finally, we get to Police. You'll see the numbers that are there. I want to point out a particular number, which was added only this past weekend which deals with additional department savings. Through the efforts of Chief Timoney and Deputy Chief Fernandez, who spent all of Saturday working with us and going through the Police budget line item by line item, again, we had identified additional savings. That's that 1, 357, 246. The other items dealing with holidays, uniforms and vehicles are items that have been discussed before, and that you were aware of. Of course, the two big items are the across-the-board salary increases and pension contribution, the same 3 percent by the way that you heard me describe before with respect to the AFSCME union, and a 2 percent, I repeat, 2 percent salary across-the-board reduction. So where are we here? Well, while three of our unions have sacrificed and continue to sacrifice in order to balance our budget and save City ofMiami Page 6 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 jobs, the Police union has failed to do so. Now, we all recognize and appreciate the job that our police do everyday to keep our city safe. This is why just in the last three years, we have given our brave men and women in uniform over $21 million in salary increases, and that does not include benefits. We have spent over $15 million to create 200 new positions, and we have invested millions in crime fighting tools to better protect and save lives. Just a few years ago, we all remember that we were below 1,000 sworn personnel, and that we were losing sworn police officers to other departments, and we acted; we all supported the salary increases strongly in that 2007 contract, and yet, despite these challenges, our police department help lower our crime rate by some 30 percent during the last eight years. I know that, no matter what, our policemen and women will continue to keep our streets safe and our neighborhoods safe, but now we are asking them to join us. The three other unions have agreed or tentatively agreed to forego salary raises and take modest salary reductions. The Police union refuses sacrifice, refuses to save the jobs of their own members. It is now their choice to protect all their employees or put over 100 police families out of a job all because union leaders are refusing to take a 2 percent salary cut. We have done all we can. I need your support, your continued support in emphasizing to all of the unions that all of these sacrifices need to make to balance our budget and to save a total of 400 jobs in our city. Now, I know this is difficult, and when you look to other cities and counties, doing what is right by our people sometimes looks even more difficult, but we have chosen not to raise taxes and not to deplete our reserves. We have chosen public service over public enrichment. This is what the people expect from us and what we must deliver. Thank you, and I ask for your support again. Chair Sanchez: Okay. Thank you. Vice Chair Spence -Jones: While he gets -- I just want to say -- tell the Mayor thank -- Mayor, I know during our briefings the one thing thatl asked you for is to make it clear from the presentation option one and option two because I think that we've never really seen it fi^om this perspective and I think it's important to see it fi^om this perspective, so I want to thank you for at least listening to my suggestion regarding this issue, and hopefully, it was a lot clearer to all of us seeing it. I would like to get a hard copy of that presentation as a part of this budget hearing. Is there any way I could get a copy of that -- Mayor Diaz: Sure. Vice Chair Spence -Jones: -- just so I have it as a reference? Mayor Diaz: Get it to you now. Mr. Hernandez: We're in the process of getting copies. Mayor Diaz: Sure. Chair Sanchez: Okay. Let's go on to BH.1, which is basically -- Mr. Hernandez: Mr. Chairman, if -- Chair Sanchez: -- a discussion item. Mr. Hernandez: -- allow me, I know that Michael is ready to do an update from -- on the budget for 2010 from his September 10 first budget hearing presentation, butt wanted to, you know, reemphasize, especially with respect to the AFSCME 1907, we have been working with Charlie Cox extremely hard over the last, I would say, two to three weeks. There was a proposal that was developed about a week or so ago that know the membership turned down, and I would like to believe that, in essence, it was probably not well understood because that proposal would save every one of the AFSCME employees impacted totally. We have gone back to the table with City ofMiami Page 7 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.2 09-00916 Office of Strategic Planning, Budgeting, and Performance Charlie, and we have restructured a proposal that, I believe, he'll be sharing with his members very soon. That one also includes or will include that DROP -incentive program that you approved for us just within an hour, and it's a proposal that is in those two phases that the Mayor mentioned. In the first phase you fulfill the required concession that is needed to fill their portion of the budget, which is 7.8 million. That saves 124, 125 jobs, but leaves another 86 out, and I know that Charlie's -- and our goal is to save every one of those jobs. Phase two, in essence, provides an additional contribution, which is a shared additional contribution by their employees and by us to be able to reach that goal of not laying off anyone in AFSCME, and I'm going through these details because I have no other way to communicate to AFSCME employees since the union is the one that would normally do that, but I think that if they really take a good look at the proposal that their union president is going to be presenting, that it's a fair plan that shares sacrifice between the City and the employees, the AFSCME family, and by doing so, you can save every one of those jobs completely. Michael. Chair Sanchez: Michael, you're recognized for the record. Michael Boudreaux: Mike Boudreaux, director ofManagement & Budget. Commissioner, I have to go in order. First with BH.1, which is a discussion item. I have to read the following into the record. The final public budget hearing to discuss the proposed millage rate and tentative budget for fiscal year 2009/2010. The proposed general operating millage rate of 7.6740 for the City ofMiami for the fiscal year beginning October 1, 2009 and ending September 30, 2010 is 14.66 percent lower than the rollback rate of 8.9918. The City Commission listens and responds to citizens' comment regarding the proposed millage rate. The actions by the City Commission is to one, amend the adopted tentative budget, if necessary; recompute the final millage rate, if necessary; adopt the final millage rate -- adopt the final budget or the amended final budget as necessary. That's BH.1. Chair Sanchez: All right. That's just simply to be read into the record by the Administration. There's no action to be taken. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00916 Legislation FR/SR.pdf 09-00916 Summary Form.pdf Motion by Chair Sanchez, 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 13093 Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 8 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Due to a procedural issue, a second roll call and vote occurred on Item BH.2. Chair Sanchez: So we move on to -- Michael Boudreaux (Director, Management & Budget): BH.2. Chair Sanchez: -- BH.2, which is -- Mr. Boudreaux: An ordinance. Chair Sanchez: -- fixing the millage. Mr. Boudreaux: Establishing the fiscal year 2009/2010 millage rate. Chair Sanchez: All right. I will pass the gavel to the Vice Chair and move the millage to stay at 7.6740 rate set. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: We have a motion and a second on that item. All in favor? Commissioner Gonzalez: Aye. Chair Sanchez: Aye. Commissioner Regalado: It's an ordinance. Chair Sanchez: Yeah, it's an ordinance. Vice Chair Spence -Jones: Oh. Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Sanchez: Read the ordinance -- Mr. Boudreaux: I -- Chair Sanchez: -- into the record. Vice Chair Spence -Jones: Madam City -- Chair Sanchez: On second reading. Mr. Boudreaux: -- also have to include the debt service rate -- Chair Sanchez: Yes. Mr. Boudreaux: -- in that reading. Vice Chair Spence -Jones: Madam City Attorney, you want to read the ordinance into the record, and I just want to make sure we have it on the reason. The reason we're not able to City ofMiami Page 9 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 make any adjustments to the millage rate is for what reason? Can you just be clear so the audience -- the people watching at home would know? Julie O. Bru (City Attorney): Well, you set the millage rate -- when the trim notice went out, that is the notice that the residents get in the mail -- you have a tentative millage rate, and the law says that you cannot -- once you establish that tentative millage rate and it goes out in the mail, you cannot raise it. Vice Chair Spence -Jones: Okay. Just wanted to make sure people understood. Chair Sanchez: Right. Vice Chair Spence -Jones: Can you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Sanchez: Now, this rate will lower the City property taxes on virtually every homeowner in the City ofMiami. That was our commitment as the legislative body to take the first step to leave the millage exactly as it was and we have fulfilled that, which is 7.6740. Okay. "[Later...]" Chair Sanchez: And what we're going to have to do is, why don't we just vote on BH.2 again now, and that covers -- because we did not have a public meeting. So let's go ahead and vote on BH.2. I would go ahead and make a motion on BH.2. Commissioner Sarnoff Second. Chair Sanchez: That's setting of the millage at 7.6. You're chairing, Vice. Vice Chair Spence -Jones: We had a motion -- Commissioner Sarnoff Second. Vice Chair Spence -Jones: -- and we have a second. All in favor? Chair Sanchez: It's an ordinance. Read the ordinance into the record, followed by a roll call. Ms. Thompson: I'm sorry. Who made the -- who was the mover on this one? Thank you. And the seconder? Thank you. Chair Sanchez: Read the ordinance. Ms. Bru: You want me to read it again? The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 10 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.3 09-00917b Office of Strategic Planning, Budgeting, and Performance Ms. Bru: And just for the record, the millage that you're adopting is 7.6740 mills on the dollar for the general operating budget and a tax of 0.6595 mills on the dollar for the payment of maturing principle and interest on the debt. Chair Sanchez: Roll call. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATED TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00917b Legislation.pdf 09-00917b Summary Form.pdf 09-0091 7b-Submittal-Budget.pdf 09-00917b-Submittal-Armando Aguilar (FOP).pdf 09-00917b-Submittal-Draft Form Proposed Resolution.pdf 09-0091 7b-Submittal-DDA.pdf 09-00917b-Submittal-Michael Boudreaux.pdf 09-0091 7b-Submittal-Budget 09-29.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Regalado to the City Manager to consider utilizing $109, 000 in funds allocated for a landscaping contract, and instead, allocate said funds to the NET office for the Litter Busters to perform said services. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to recess and continue the September 24th meeting to Tuesday, September 29, 2009. Direction by Chair Sanchez to the Administration to provide a report to the City Commission on the number of hours requested for vacation payouts by employees, and to provide a clear policy regarding the application of such requests. Direction by Commissioner Gonzalez to the City Manager to look at specific vacant positions and to consider the deferral to fill such vacant positions for one year in order to save as many employees as possible from termination from employment. A motion was made by Chair Sanchez, seconded by Vice Chair Spence -Jones, and was passed with Commissioner Gonzalez and Commissioner Sarnoff voting no, to allocate $1, 750, 000 and restructure the NET Offices. A motion was made by Commissioner Regalado, seconded by Vice Chair Spence -Jones and was passed unanimously, with Commissioner Gonzalez absent, directing the City Attorney to seek any and all legal remedies to collect the 15% parking surcharge owed to the City by Miami -Dade County. City ofMiami Page 11 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Direction by Vice Chair Spence -Jones to the Administration to conduct an analysis to see if any savings can be generated from the lease of solid waste trucks in lieu of purchase of same, and to consider any savings to apply to parks, greenspace, and arts. Direction by Vice Chair Spence -Jones to the City Attorney to provide a legal opinion on whether the CRA's and Downtown Development Authority (DDA) can provide monies to fund the NET offices in those affected areas. Chair Sanchez: We move on to BH.3. Michael Boudreaux (Director, Management & Budget): Commissioners, BH.3 is a resolution -- before I begin, I would like to pass out the amendment, four amendments providing some changes to BH.3. Chair Sanchez: This is where the -- Mr. Boudreaux: You already have it. I'm sorry. I've just been informed. The four amendments are as follow. The overall general fund budget for fiscal year 2009/2010 remains at five hundred and eleven million, four hundred and twenty-eight thousand, two hundred and thirty dollars -- I mean, two hundred and thirty million. And the total budget for all funds still remains at 752, 806, 363. The only changes that have occurred since the first public budget hearing is in the composition of the breakout of the departments, each -- virtually every department was changed based on the agreements in the discussions that we've had with the various unions, but the total amount still remains at 511,428,230. Vice Chair Spence -Jones: Michael -- I'm sorry, I'm not going to interrupt you. But this -- is this the document that you want us to look at? Mr. Boudreaux: It's BH.3, which is the resolution in regarding to the 2010 budget. Vice Chair Spence -Jones: Right. Mr. Boudreaux: I'm going to start my -- Vice Chair Spence -Jones: But the question -- Mr. Boudreaux: -- presentation -- Vice Chair Spence -Jones: -- you said we all should have gotten a copy. This is the copy that you're talking about? Mr. Boudreaux: This is a presentation that I'm going to go over after I read into the record the changes for BH.3. Vice Chair Spence -Jones: I know, but you mentioned that we all should have gotten a copy of the new budget. Mr. Boudreaux: Of the resolution, BH.3. Vice Chair Spence -Jones: Oh, okay, the resolution. Well, I didn't -- I had not received it, so -- Mr. Boudreaux: Okay. Chair Sanchez: All right. City ofMiami Page 12 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Thanks. Mr. Boudreaux: I'll now go over the presentation that you have there, Commissioner. Chair Sanchez: Okay. You're recognized for the record. Mr. Boudreaux: Good evening, Commissioners, Mr. Mayor, Mr. City Manager, and residents of the City ofMiami. This evening -- before I start, I handed out to you the changes for BH.3. As I stated during the first public budget hearing, the focus of the fiscal year 2010 proposed budget is to prepare a structurally balanced general operating budget with recurring revenues supporting recurring expenditures. To do so with no increase in the City's millage rate, no use of fund balance to minimize the impact on service delivery, and most importantly, to receive citizens' feedback. Since the initial presentation of the budget, the following changes are being proposed. Change the tier salary reduction with no across-the-board salary increases, no anniversary and no longevity pays for AFSCME (American Federal, State, County, and Municipal Employees) 1907 and 871, along with IAFF (International Association of Firefighters), executives, managerial/confidentials, and unclassified;; 2, for the sanitation members, provide the three percent across-the-board salary increase but also increase members' pension contribution froml0 percent to 13 percent, effective October 1. This action is anticipated to save 248,000; provide a 3 percent across-the-board salary reduction for AFSCME 871 members making more than 50,000 per year. That is anticipated to save 36,000. Do not pay additional holiday pay for a non -holidays in fiscal year 2010 but, instead, pay members working on holidays at their regular rate. These actions anticipated to save 198, 000. Defer anniversary and longevity pays to save over $200, 000 in anticipated payouts; provide a 0.7531 percent across-the-board salary reduction and save 59,000. These changes will help the sanitation union meet its request and save an anticipated 745,000 in fiscal year 2010. Commissioner Sarnoff Will you stop there? You also have use increased solid waste fee to avoid eliminating -- Mr. Boudreaux: I'm going over that right now, Commissioner. However, in order to avoid the layoff of 13 Solid Waste employees, the fiscal year 2010 budget proposes to use 474,000 of solid waste fee increase of the 2.6 million to support the costs of these employees. This action will avoid the layoff of these employees. Commissioner Sarnoff What solid waste increase have we done? Mr. Boudreaux: The fee increase that you incorporated in 2009 from 325 to 365 nets about $2.6 million of increase of which we were dedicating that for the equipment replacement for Solid Waste. We would like, instead, to use that to save the 13 positions from being eliminated. Commissioner Gonzalez: If we take the measure, you mean to tell us that nobody will be laid off in the Solid Waste Department? Mr. Boudreaux: That's correct. Chair Sanchez: Correct. Vice Chair Spence -Jones: Department. Commissioner Gonzalez: So it will save everybody's job. Vice Chair Spence -Jones: The temporary employees? City ofMiami Page 13 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: All the full-time equivalent positions that we were proposing to eliminate, the 13 that we presented during the first public hearing -- Vice Chair Spence -Jones: Yes. Mr. Boudreaux: -- will be saved. Vice Chair Spence -Jones: Okay. But not the 22 that Joe mentioned? Mr. Hernandez: No. Mr. Boudreaux: No. Commissioner Sarnoff Okay. Can you -- can I do some math with you? Two point six million divided by thirteen is two hundred thousand dollars each. Mr. Boudreaux: Two point -- the total increase in the solid waste fee -- Commissioner Sarnoff Point six million. Mr. Boudreaux: -- was 2.6 million. Commissioner Sarnoff Divide by 13. Mr. Boudreaux: We would like to use 474 of that 2.6 increase to support the 13 positions. Commissioner Sarnoff And what are you doing -- Mr. Boudreaux: So it's 474 divided by 13. Commissioner Sarnoff What's then -- what is being done then with the 2.1 million? Mr. Boudreaux: The 2.1 will still go to the capital fund in support of the Solid Waste equipment. Commissioner Sarnoff Okay, so to support some element of upgrade of --? Mr. Boudreaux: Yes, sir. Commissioner Sarnoff Okay. Commissioner Gonzalez: How much will be required to save the 22 temporary positions that are being lost? Mr. Boudreaux: Well, Commissioner, I have to go back and see what the value of the 22 is and come back to you and let you know what that amounted. Mr. Hernandez: Commissioner, I believe that Joe Simmons had indicated that it was close to half a million -- Chair Sanchez: Yeah. Mr. Hernandez: -- but we'll verify the figure. Chair Sanchez: He did state half a million. City ofMiami Page 14 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Yeah. Chair Sanchez: Okay. So number 3, which isIF-- Mr. Boudreaux: Okay, I'd now like to go over the IF -- IAFF Fire. For the Fire union, it was to eliminate the 5 percent across-the-board salary increase to be provided on October 1 and save an anticipated 3.8 million; to reduce newly hired firefighters and training salary by 10 percent and save 150,000; make no contribution to the IAFF health trust in fiscal year 2010 and save 325; eliminate one holiday pay to IAFF members in November of 2009 to save 345,000; eliminate the compounding effects of EMT (Emergency Management Team) paramedics and ALS assignment of base salaries to save an anticipated 4 million; provide a 2 percent across-the-board salary reduction offer October 1 to save 1.5 million. Overall these actions are anticipated to save 10 million and help the IAFF meet the amount requested. For the AFSCME general employees -- Commissioner Sarnoff Are you done with IAF [sic]? Mr. Boudreaux: Yes, I am. Commissioner Sarnoff Mr. Manager, you had indicated to me that it was a $14 million savings. Mr. Hernandez: Say that again, sir. Commissioner Sarnoff Yes, sir. You indicated to me that it was a $14 million savings. Mr. Hernandez: The difference between what Michael has presented and the 14, that's related to a shift strength savings that is also associated with having to have an additional class funded, so the total could be 14, but then you have to subtract the cost of an additional class, which is 36 employees or 36 individuals. Chair Sanchez: I was always under -- Mr. Hernandez: We, by the way, chose not to show it there because it's not solid like the other savings are. It's still to be determined because it's based on being able to reduce and control minimum staff required. Commissioner Gonzalez: But the reductions in this entire plan is solid? Mr. Hernandez: Yes, it is. Commissioner Gonzalez: Is that -- that's what -- Chair Sanchez: Is met. Mr. Hernandez: What you have -- Commissioner Gonzalez: -- Fire has agreed -- Mr. Hernandez: -- there, what he's presented, solid. Chair Sanchez: Initially, the numbers were 10 million Fire, 10 million Police, correct? Mr. Boudreaux: Yes. Mr. Hernandez: The numbers -- yes -- are -- I think it's Fire, 9.9 and -- City ofMiami Page 15 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Or 9.9 million -- Mr. Hernandez: -- FOP (Fraternal Order of Police), 9.7. Chair Sanchez: -- and 9.7 million. Mr. Hernandez: Right. Chair Sanchez: Nine point nine, the firefighters and nine point seven, FOP. Mr. Hernandez: Yes. Chair Sanchez: They've -- the firefighters have met their $10 million. Mr. Hernandez: Yes. Chair Sanchez: Okay. No positions will be lost. Mr. Hernandez: No. Chair Sanchez: All right. Okay. AFSCME 1907. Mr. Boudreaux: Okay. AFSCME 1907. For the AFSCME 1907, it was no agreement at the time that was made so there was two options that we want to present. One, of course, is to provide -- option one, for them to provide an across-the-board salary reduction; eliminate across-the-board increases scheduled for 10/1/09; and to continue to work with the Administration to avoid layoffs. The second option, of course, if we're unable to achieve any agreement with the AFSCME 1907, unfortunately, we will have to look at additional employee layoffs, but we'll continue to work with the AFSCME 1907 to avoid such a action. The total overall savings we're looking for from the AFSCME 1907 is $7.8 million. Chair Sanchez: Right. And how many jobs were they risking, 125? Mr. Boudreaux: The -- further risking of 124, 125 positions. There's currently 86 positions up and still will be cut positions as far as with people in these positions. There are more positions to be eliminated out of the union, but 86 of them are filled. Chair Sanchez: And at this time there are no agreements with the $7.8 million? Mr. Boudreaux: At the time, sir, there's none, but this process is fluent [sic], like the Mayor had mentioned, and we're still working with the AFSCME 1907 to eliminate the possibility of layoffs. Chair Sanchez: Okay, but are you -- are we talking about the 125 positions, all of them? Mr. Boudreaux: We're talking only the 125 positions. Hopefully, we can do something more to save the 86. We're still in discussions with the AFSCME on that. Chair Sanchez: All right. Mr. Hernandez: Mr. Chairman, the way that we are hopefully phrasing it and working with Charlie Cox on this so it reads very clear is that the required concession is 7.8, and that saves 125 positions but leaves 86 out, so our recommended plan, working with Mr. Cox, is to have additional contributions and support from the City that then would allow us to save the remaining 86. City ofMiami Page 16 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff And what number is that? Mr. Hernandez: That's 4.8 -- 4 million -- 4.8 million. Commissioner Sarnoff So they need to give us 4.8 million more in savings? Mr. Boudreaux: That's correct. Mr. Hernandez: Exactly. And the idea is to use part of that DROP -incentive program to support that and that would require additional savings generated by the AFSCME employees, but by doing so within the AFSCME family, you can save the 86 remaining positions, so I think it's a worthwhile exercise. Commissioner Sarnoff So I understand it then, it would be about 13.6 million -- I'm sorry, I'm doing bad math. Chair Sanchez: No. Between both of them, yes, 13.6. Commissioner Sarnoff No, it wouldn't. It would be -- in order to have no layoffs, AFSCME would have to provide to us -- Chair Sanchez: Hundred and twenty-six. Mr. Boudreaux: In order to -- Commissioner Sarnoff -- $12.6 million. Is that correct? Mr. Hernandez: Michael. Mr. Boudreaux: Yes. Seven point eight to avoid the 124, 25 positions -- Chair Sanchez: And 4.8 for the 86. Mr. Boudreaux: -- an additional 4.8 to avoid -- to bring back the 86 that we're currently proposing to eliminate. Chair Sanchez: All right. Commissioner Sarnoff Good. Chair Sanchez: Okay, go ahead. Mr. Boudreaux: Okay. For the Police union, based on a -- based on working with the police department over this past weekends, an additional 1.4 million in departmental savings were realized. This will allow the elimination of police positions to be reduced by 29 positions from 191 police positions to 162 positions. This would also reduce the number of police officers to be laid off from 177 to 149 positions. This amount will be further reduced as a result of the new COPS (Office of Community Oriented Policing Services) MORE (Making Officer Redeployment Effective) grant, which will allow up to 43 police positions to be supported by this grant. Chair Sanchez: How many positions? Mr. Boudreaux: Up to 43, four, three, to be used in support of this grant. City ofMiami Page 17 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Okay. There is also a change in the number of vacant positions from 14 to 13 positions as a result of a vacant police major position previously included as a union position, and an increase in positions proposed to be frozen from 47 to 65 as a result of the addition of 18 vacant police officer positions not previously included, so the final numbers for what we're looking at in this budget is total number of positions 162; of which 149 are filled, 13 are vacant, and 65 positions froze, with an anticipated savings of 12.6 million. Commissioner Regalado: And the prison guards. The -- Mr. Boudreaux: The detention officers. Commissioner Regalado: -- detention officers. Mr. Boudreaux: The detention officers are not included in that count, Commissioner, because the detention officers are still in the budget; still acted to be filled, in the process of being filled currently, and will be enacted position in 2010, for which we're proposing. Commissioner Regalado: And that is half a million? Mr. Boudreaux: About 600,000 for the total 10. Commissioner Regalado: So there's no proposal for detention officers to be laid off? Mr. Boudreaux: No, sir, not currently in this budget. Commissioner Regalado: But sworn police officers, yes? Mr. Boudreaux: Yes, sir. Commissioner Regalado: Okay. Commissioner Sarnoff What is a frozen position? Is it a very cold cop? Mr. Boudreaux: No, sir. It's a position that's restricted to be filled in the fiscal year. That means that we're prohibiting any actions to be taken or otherwise freezing the position. Commissioner Sarnoff How does that affect staff a frozen position? Mr. Boudreaux: What it does -- Commissioner Sarnoff Is that a position that you didn't need or is that a position that you could work around or what is that? Mr. Boudreaux: It means that the position will be left unfilled for that period of time for which any other -- all the funding that was dedicated for that position would not be required to be used in other areas. Commissioner Sarnoff Would that be a position that was vacant the previous year, so you've now determined you didn't need it this year as well? Mr. Boudreaux: Not in all cases, Commissioner. It would be some positions that were vacant in the current year that we determined to still be vacant as we developed the 2010 budget, and then from there on the Department determines the need for the position and whether or not it can be frozen. Of course, we do everything we can to protect the layoff of anyone to include saving the money on those positions and freezing the positions in lieu of eliminating them completely. City ofMiami Page 18 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff But the 65 frozen positions or positions frozen, those are people that are not occupying those places right now, right, that would not be a layoff? Mr. Boudreaux: Those are positions that we identified at June 30, 2009 as we developed the budget to be vacant. Commissioner Regalado: Last Saturday the Manager and Larry and yourself said that working with the chief you had identified 1.4 -- Mr. Boudreaux: Yes, sir. Commissioner Regalado: -- additional money from the police budget. Where did that come from? Mr. Boudreaux: Well, it predominantly came from their operating expense. We went line by line, vendor by vendor, taking a look at each vendor, the purpose of the vendor, and the chief you know, with their insight, were able to tell us, hey, we can defer this for a year. We don't need this requirement for a year. And in accumulating all that information, it totaled up to be 1.4. Commissioner Regalado: One point four, but it didn't change the original -- I mean, it went down how many positions? Mr. Boudreaux: It went down 29 positions -- Commissioner Regalado: Right. Mr. Boudreaux: -- as a result of that action. Commissioner Regalado: As a result of that. So if you were to find another one -- a million and a half it would go -- would continue to go down, right? Mr. Boudreaux: And we have continued to take that approach, Commissioner, to see what we can do to eliminate any layoffs in any area, but you know, over the weekend we looked, we sat, we sat the whole day, and we were able to accomplish this, and we were able to reduce the number from the previous 177. Vice Chair Spence -Jones: Can I -- Mr. Hernandez: I -- Vice Chair Spence -Jones: I'm sorry. Can I ask a question just so that -- I know it's -- Chair Sanchez: Commissioner Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. The -- what's the difference between a detention and a sworn? Can I just be clear on that? Mr. Boudreaux: Well, not being technically a part of the Police Department, Commissioner, I can only say that it allows a police officer the opportunity -- a sworn police officer the opportunity to be out on the street more -- Vice Chair Spence -Jones: right. City ofMiami Page 19 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: -- in lieu of in the jail processing a, you know, prisoner. Vice Chair Spence -Jones: So -- Mr. Boudreaux: Now I would like the Police Department to clarify this for me, but still -- Commissioner Gonzalez: Yeah. Mr. Boudreaux: -- you know -- Chair Spence -Jones: Okay -- Mr. Boudreaux: -- me being the Budget director, I can't really respond to -- Chair Spence -Jones: Okay. Mr. Boudreaux: -- that operational requirement. Chair Spence -Jones: Beyond -- I mean, you guys can explain it to me. What's more important to me -- for me to just understand, if we don't know what it is, which means we're cutting -- you know, we've decided to take from the sworn officer side and not the detention officer side, it would seem like the sworn officer side would be the most important 'cause those are the people that are on the streets. If you ex -- Applause. Vice Chair Spence -Jones: No, don't clap; don't clap 'cause I want to understand. This is not to receive any applause. It's to understand why -- how the decision was made -- Is there a difference in between the both --from the standpoint financially you pay more for a sworn officer than you do a detention officer? Commissioner Gonzalez: Yeah. Mr. Boudreaux: Well, I can only -- Mr. Hernandez: Commissioner, ifI may. Let me -- Mr. Boudreaux: Okay. Mr. Hernandez: -- step in, Michael. In essence -- in talking to the chief and the deputy chief they felt that it was important from a managerial standpoint to have the detention officers because, in essence, they allow police to be more efficient and to spend more -- Commissioner Gonzalez: Yeah. Mr. Hernandez: -- time on the streets handling calls than being -- sitting in the jail booking somebody and then being sometimes captured by one of those lockdowns they do at the jail and they can lose half a shift in there, and that was the rationale behind it. Vice Chair Spence -Jones: But -- Mr. Hernandez: And we've been at this, I would say, for probably a year and a half in trying to get those detention officers. And finally, we just got them. From one perspective, when you -- Vice Chair Spence -Jones: You've explained it. But -- then my other drilldown question on it is, City ofMiami Page 20 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 how many detention officers are -- what does that equate to financially? Mr. Hernandez: Ten. Vice Chair Spence -Jones: Ten. Mr. Boudreaux: Ten positions. Mr. Hernandez: And the number is $633, 000. Vice Chair Spence -Jones: Okay, so that's what that amount equates to. Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Compared to the number of sworn officers -- how many sworn officers would we get for the 633? Mr. Boudreaux: I would say probably half of that. We can probably make five. Vice Chair Spence -Jones: Just five officers? Mr. Boudreaux: Yes, sir. Mr. Hernandez: Yeah. Mr. Boudreaux: I mean, yes, ma'am. Vice Chair Spence -Jones: Yes, ma'am. Mr. Boudreaux: Sorry. Vice Chair Spence -Jones: Okay. I just think it's important that when you put information out there or things are said, we just need to have clarity because it kind of went over like, okay, well, we chose to have detention officers and not necessarily use, you know, the resources for sworn officers. And just common sense sitting up here, we would all say, well, we want sworn officers because we want to make sure that we have more officers on the streets. I mean, that's -- you know, so that we don't have anybody to detain. But that's a whole nother story, butt just wanted to understand. Now that you've explained it, I got it, so I don't want to beat a dead horse. Mr. Boudreaux: Okay. Mr. Hernandez: Mr. Chairman, ifI may. When we got together with the chief and deputy chief over the weekend, they looked at the overall budget and were able to identify the 1.3 or 1.4 of reductions, but it's not just vendors, as indicated before. We're talking about realignment of personnel, of the staffing and reallocation of resources that they, because of their operational skill, could determine that things can be done, structural changes in order to be able to achieve that 1.3. And that is then subtracted from the 9.7 that was requested originally, so that number is down to 8.4, and that's very significant. Chair Sanchez: All right. Commissioner Gonzalez: And let me tell you. Mr. Chairman? Vice Chair Spence -Jones: Yes. City ofMiami Page 21 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: The detention officers are very important because they alleviate the work of the sworn police officers. Sometimes the sworn police officers used to waste a lot of time processing and -- at the County jail or at the jail facility, whatever it is. There was even a closedown on the jails and they have to wait until jails open up. And meanwhile, they had to had that prisoner or whatever he was, one or two, on their car, and they were not able to take any calls or to do calls for service. So the detention officers, in fact, are very important in assisting the police on handling the prisoners. Vice Chair Spence -Jones: Okay, got it. Commissioner Sanchez: Okay, go ahead. Mr. Boudreaux: There was also an addition of one vacant fire lieutenant position proposed to be frozen, which was not included in the previous presentation in the first public budget hearing that increased the number of frozen positions for the fire vacant positions to 54. The anticipated savings remain at 3.6 million. The total number of general employee positions proposed to be eliminated remains at 248. However, the composition between filled and vacant has changed by one position as a result of the previously mentioned -- as a result of one position becoming vacant and the other position -- one position becoming vacant that we had previously indicated as filled. And by allowing the solid waste fee increase to be used to avoid the elimination of the Solid Waste employees, this will reduce the number ofAFSCME 871 positions proposed to be eliminated from 18 to 5. Finally, the elimination of nonunion positions increased one position as a result of the previously mentioned police major that was listed under the FOP. The tier salary reductions ranging from 15 percent to 6 percent will still remain for executives, managerial/confidential, and unclassified employees, effective this October 1. With these changes, the proposed fiscal year 2010 budget remains balanced at 511.4 million. At this time, if you have any continuous questions, I will fry to answer them to the best of my ability. Vice Chair Spence -Jones: Michael, can you go back one slide? So when you say eliminate 111 nonunion positions -- because a lot of this discussion has been about the unions, but there are a lot of people that aren't in the unions, okay. Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: So -- Chair Sanchez: They stand to lose their jobs. Vice Chair Spence -Jones: -- is that -- that's the 70 -- so you're telling me that that's how many jobs we're talking about, 111? Mr. Boudreaux: Seventy-four jobs. Vice Chair Spence -Jones: Okay, outside of the union -related jobs? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. Is it anticipated that through the support of the three unions, that that gap would be closed, the 111 ? So no matter what, those 111 positions are positions that most likely will be gone? Mr. Boudreaux: And have -- and some of them -- or have been eliminated already. Vice Chair Spence -Jones: Oh, I mean 74. Is it 74 or 111? City ofMiami Page 22 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: Seventy-four filled positions have already -- some of them have received their notices already. Vice Chair Spence -Jones: Okay, so that brings at least a little clarity. So outside of whatever we need to work on with the unions -- because, for me, it's also making sure that the -- just the overall City employees understand what's going on. I mean, I know that they have to be confused as heck right now. I want to use another word because no one's really communicating, and I can only imagine walking on pins and needles not knowing whether or not I'm going to have a job the next day. I mean, to me, I just think this whole process has been backwards. But, hey, hopefully, there's a silver lining in the end. But -- so the only thing that we're looking at -- 'cause I feel confident that there's going to be -- I'm going to pray that there's going to be something positive that comes out with all the unions for us to save as many jobs as possible. But outside of the unions, you're telling me at this point, Commissioner, it's really 74 positions or 74 people, right? -- Mr. Boudreaux: That's correct. Chair Spence -Jones: -- that may be losing their jobs. And out of that 74, there's a number of them -- a couple of them have already -- so that number's actually less than 74, correct? Mr. Boudreaux: Well, out of the 74, some have already received -- Vice Chair Spence -Jones: Right. Mr. Boudreaux: -- their notices. Vice Chair Spence -Jones: Okay. So I guess my question after this, does that number also contemplate the boards or the special projects that we have or certain departments? Or is that -- Mr. Boudreaux: Well, it -- Vice Chair Spence -Jones: -- a 74 -- is that number is just general employees? Mr. Boudreaux: That seven -- Vice Chair Spence -Jones: So let me break it down. So, for instance, does that include, for instance, Virginia Key Beach and their staff? Mr. Boudreaux: No, it doesn't. Vice Chair Spence -Jones: Does that include the NET and their staff? Mr. Boudreaux: Some of the NET staff yes. Vice Chair Spence -Jones: Okay. So does that include -- I'm just going to use it as an example -- -- the Mayor's -- what is it, what's the Mayor's? Mr. Boudreaux: International -- Chair Spence -Jones: -- Poverty Initiative crew? Mr. Hernandez: Yes. Mr. Boudreaux: Yes, it does. It retains one position to maintain the Access program -- City ofMiami Page 23 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay. Mr. Boudreaux: -- but for the most part -- Vice Chair Spence -Jones: Okay, I think that what would be really important if we're going to operate -- I mean, with -- on something that is so important, when you show me a number like 74 or 64 or whatever that number is, you need to -- that number needs to be as close to what it really is. So, really, it's not really 64, perhaps, employ -- or 74 employees that will -- people that will lose their jobs, correct? Mr. Boudreaux: That is 74 positions, Commissioner. That is 74 individuals that will be losing their jobs, if they haven't already, October 1. Vice Chair Spence -Jones: Right. But, Michael, do you -- See, I promised I was going to be really nice to you this time, so -- but, Michael, you -- I don't think you're really getting it. Mr. Boudreaux: Okay. Vice Chair Spence -Jones: I'm not necessarily talking about position per se that, you know, let's say City positions, but there're projects and programs that we fund or we have funded -- Mr. Boudreaux: No, ma'am. That is positions in City departments funded with general fund proceeds -- Vice Chair Spence -Jones: Okay. Mr. Boudreaux: -- not contributions like we provide to the Virginia Key Beach Trust -- Vice Chair Spence -Jones: Okay. Mr. Boudreaux: -- not contributions like we provide to the Liberty City Trust. These are actual full-time equivalent positions that are being eliminated. Vice Chair Spence -Jones: Right. And I guess what's important to me, whether or not they come from the Trust or the man on the moon, they're people. Mr. Boudreaux: They are people. Vice Chair Spence -Jones: Okay, so I don't -- you know, I'm really -- I mean, I'm going to be nice and I'm going to listen to all the presentations. At the end of the day, you're talking about people. And at the end of the day, you're talking about families, so you can't discount it. So whatever the situation is, before this is all over with, I would like to understand how many lives I'm impacting. Maybe nobody else is concerned about that, butl am. And I thought that this presentation would tell me that. So you don't have to give me the answer on that right now, but I'm sure we -- my Chairman said we'll be here for another six hours, so if we're here for another six hours, you have -- if you could have somebody on your team equating to me or telling me kind of what does that mean from the fact that -- how many people actually will not have a job, that will be important to me. Mr. Boudreaux: Commissioner, as we've always done during our briefings leading up to today, we've provided detailed reports of the breakdown of the positions to be eliminated from both the unions and nonunion class. What we can do over this six hours is to show you or give you a report that shows you the positions -- Vice Chair Spence -Jones: Right. City ofMiami Page 24 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: -- that are being proposed to eliminate from this nonunion class. Vice Chair Spence -Jones: And then, Michael, what I'm saying to you, yes, you have, but it's not about me just knowing it. It's the people sitting in this audience, the people watching it on TV (Television), the people that did not have the opportunity to sit in a closed room with you and I and other staff members to understand what's going on. If we want the process to be transparent, if we want people to know what's really going on, we have to share all the information. This is the only forum that have the opportunity to do that. So I'm asking you over the next six hours so thatl can communicate it to my public that may be affected one way or the other, they understand how this is going to have an impact on them personally and with their families. That's extremely important to me. Mr. Boudreaux: We can provide that information. Chair Sanchez: Michael -- Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Michael, one question. Out of the 177 police officers that were supposed to lose their jobs, how many have we been able to save? Mr. Boudreaux: We were able to save, through the process we did over the weekend, 29 positions. We were also able to save an additional 43 through the use of the COPS (Office of Community Oriented Policing Services) MORE (Making Officer Redeployment Effective) grant, so in all, we have taken that number from a potential 177 down to -- and let me pull up the slide so I won't be speaking wrong -- 149, and from that, we can eliminate another 43 by use of the COPS MORE grant. So we took it down to 106. Commissioner Gonzalez: Okay, but that includes -- are those actual bodies or are there any -- Mr. Boudreaux: Those are actual bodies, Commissioner. Commissioner Gonzalez: -- vacant positions? Mr. Boudreaux: Those are actual bodies. Commissioner Gonzalez: Those are actual bodies. Mr. Boudreaux: Yes, sir. Commissioner Gonzalez: So actually, we're talking about 40 -- how many, forty -some? Mr. Boudreaux: Forty-three positions we can pick up -- up to 43 positions we can pick up -- Commissioner Gonzalez: Up to 43. Mr. Boudreaux: -- in the COPS MORE. We've reduced it 29 by the actions that we've taken over the weekend. So we've actually took this number down to 106. Commissioner Gonzalez: One -oh -six, okay. Thank you. Chair Sanchez: All right. City ofMiami Page 25 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: So that -- I'm sorry. Chair Sanchez: No, go ahead. Vice Chair Spence -Jones: So that number on the police officer, again, because I'm sure all -- everyone will be affected one way or the other not having police officers on the street. So really, we're looking at a different number here, right? We're looking at 40-something? Commissioner Sarnoff No, 106. Chair Sanchez: A hundred and seven -- hundred and six. Vice Chair Spence -Jones: Okay, 106. That's what we're looking at. Chair Sanchez: From 177. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff Hundred and six men in blue will lose their jobs. Vice Chair Spence -Jones: Okay, so the question becomes now -- I guess the FOP and you guys working it out since you have found some additional revenue to at least further close the gap, correct? Mr. Boudreaux: Well, we have identified -- and I -- as I presented today -- Vice Chair Spence -Jones: I know. I -- right. Mr. Boudreaux: You know, we took the number down from 177 to 149 by the actions we took over the weekend. Vice Chair Spence -Jones: Right. Mr. Boudreaux: And there's also an opportunity for the COPS MORE grant to support up to 43 positions to take it down even further from 149 to 106. Chair Sanchez: Six. Vice Chair Spence -Jones: But is this without -- I just want to be clear -- the concessions from FOP? Mr. Boudreaux: This is without the concessions from FOP. Vice Chair Spence -Jones: So I guess that's the question. So the question becomes, how do we close the gap -- really, closing the gap is FOP -- once again, you guys coming back to the table to figure out -- since you guys have bent on certain issues and were able to bring additional revenues from other sources to assist with closing the gap, now the question becomes if you could continue to sit down with FOP to further close the gap with the 106, right? Mr. Boudreaux: This is definitely -- Vice Chair Spence -Jones: That's the question. Mr. Boudreaux: -- something that we want to achieve, Commissioner, yes. City ofMiami Page 26 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay. All right. Commissioner Sarnoff But it didn't come from revenues. It came from them deciding what police officer positions would remain vacant. If you just do the numbers, they went from 14 vacant -- I'm sorry, 47 frozen positions to 65 frozen positions. So it's really not revenue. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff They're just deciding certain positions will not get filled. Vice Chair Spence -Jones: Okay. Chair Sanchez: Mike, I think the concern that we have here is that we don't want anybody to lose their job. I think that's what we're trying to get to, okay, but just -- just looking at the numbers and figuring it out so we're all on the same sheet of music. AFSCME 1907, right now they have 86 that don't have job security right now, correct? Mr. Boudreaux: That is correct, Commissioner. Chair Sanchez: All right. Wait, hold on. Then, when you look at nonunion positions, you have 74 positions. Mr. Boudreaux: That is correct. Chair Sanchez: All right. And then you go to the Police, and we've been able to take it down from the number, which was 177, using all of the resources we have, including the grants, and we're now to 106positions -- Mr. Boudreaux: That is correct. Chair Sanchez: -- in jeopardy. So those are the only positions right now that are in jeopardy in the City ofMiami, correct? Mr. Boudreaux: Yes, sir. Chair Sanchez: Thank you. All right. We could move on to the next -- Okay. All right, continue. Commissioner Regalado: Mike, question. So -- Mr. Hernandez: Mr. Chairman, ifI may because we're talking about positions. The 106 is the correct number on Police, but with AFSCME 1907, at this pointl think it's -- without any agreement whatsoever, it's 210 ofAFSCME 1907. Mr. Boudreaux: The Manager is correct, and let me clarify what he means. Right now we don't have any agreement with the AFSCME 1907, so that means that not only do we have 86 positions that we've identified in this presentation -- Chair Sanchez: You also have 125. Mr. Boudreaux: -- but we also have 125 positions -- Chair Sanchez: I got that. Mr. Boudreaux: -- at risk if we don't come to an agreement with AFSCME. City ofMiami Page 27 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: I could even tell you how much 125 is going to cost, 1.7; and 86 is going to cost $4.8 million. We've got that part. Mr. Boudreaux: Okay. Chair Sanchez: All right. Commissioner Regalado: Well, for practical matters, Mike, we don't have an agreement with Fire. Mr. Boudreaux: As of today, sir, no, we do not. Chair Sanchez: But we're very optimistic. Mr. Boudreaux: Yes. Commissioner Regalado: And I know you are. But let me understand this. So it's still 106 sworn police officers and you still are asking -- the Manager is asking for the same number that you were asking before? That number -- Mr. Hernandez: No, in essence -- Commissioner Regalado: -- have gone down, right? Mr. Hernandez: -- we reduced the number from 9.7 to 8.3 or 4 based -- yes. Commissioner Regalado: So there is still a gap of 8.2? Mr. Hernandez: Eight point three -- Mr. Boudreaux: Eight point -- Mr. Hernandez: -- plus or minus. Mr. Boudreaux: There is still a gap based on the actions that we took with the FOP -- I mean, with the Police Department over the weekend, of 8.4 that we need for the FO --from the FOP union. It was 9.7. The actions we took over the weekend has taken that down to 8.4. We're still looking for 8.4 total from the FOP. Commissioner Regalado: And what the Police has offer is like 6.7 -- how much they have offer, the one that you rejected? They have offered concessions and different -- six point -- was it --? Mr. Boudreaux: Well, Commissioner, we've met with the FOP on quite a few occasions. Commissioner Regalado: No, I understand. But the offer that was not accepted from the Administration, it was like six point -- this was concessions only, right? Mr. Boudreaux: But some of the concessions were not achievable based on further review and that we contacted the FOP to let them know that that was not an achievable 6 million and that we had to come back for further discussions with a different set of proposals. Commissioner Regalado: So it's zero? Mr. Boudreaux: Well, the FOP did offer some things such as, you know, do not purchase or City ofMiami Page 28 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 replacement uniforms, 500,000; have considered giving up an extra paid for holiday in 2010 and to not be paid for one vacation and sick day. We estimated that to be about 1.4 million. They also offered to eliminate the purchase of new vehicles at approximately $1.7 million, okay, so from -- Chair Sanchez: How about the physical? Mr. Boudreaux: Oh, that was one of the things that they were proposing previously that we felt was not a viable savings. They wanted to delay physicals for one year and save approximately $500, 000 from doing that. We felt that that was not a viable option, okay. They did not realize that we had already reduced the vehicle purchase number by 3 million. And, you know, the offer that they had was just not a completely viable 6 million, so we had to go back for further discussion. Commissioner Sarnoff What is their viable amount in your opinion? Mr. Boudreaux: Their viable amount is about -- I would say close to 4 million. Commissioner Sarnoff So 4 million. So there's a 4.4 million gap. Mr. Boudreaux: That's correct. Commissioner Sarnoff Would that 4.4 million gap -- I apologize. Do you mind? Commissioner Regalado: No, no. Commissioner Sarnoff -- be achieved with a 2 percent salary reduction? Mr. Boudreaux: That would be one of the actions necessary, yes. Commissioner Regalado: No, but is it less or more? Is it -- Mr. Boudreaux: The -- Commissioner Regalado: -- the 2 percent? Mr. Boudreaux: -- 2 percent will bring about $1.8 million across-the-board if they're able to achieve that. We also considered deferring or eliminating their clothing allowance for one year to save about 116; to increase their health insurance premiums by $7 per pay period for about $300, 000 in savings, and also to do like all the other unions have pretty much agreed to do, take their 3 percent across-the-board increase and apply it to their pension and increase their pension contribution from 7 percent to 10 percent. So these are some of the things that we would like and have -- would like the FOP to consider. It's just that some of the things that we met earlier on we had to revisit and they weren't viable. Chair Sanchez: All right. Any other questions? Commissioner Regalado: So what you're saying is that in order to bring back the 106, it's 4 million and some? Mr. Boudreaux: Yes, sir. Commissioner Regalado: Okay. Thank you. Chair Sanchez: Okay. Does that conclude your presentation? City ofMiami Page 29 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: Mr. Chairman -- Mr. Boudreaux: Yes, sir. Mr. Hernandez: -- I was just talking to the union president for Fire, Robert Suarez, and he wanted to make a clarification because originally, when we were working on reductions, we had reduced 3.6 from Fire, and that was really, let's say, not supported by an action that was needed by the Fire union. When they agreed to this proposed confract modification, they were providing the support so that we can definitely realize that 3.6. Robert. Robert Suarez: Thank you, Mr. Commissioners, Chairman. Just to clarify, the 10 million is in salary and benefits. Working with the Fire chief we agreed to modify our confract to reduce at least $3.6 million in overtime. Initially, that had showed up as a departmental reduction. When I explained to the Manager how that worked, it was clear that that was a confractual reduction, not a departmental reduction. So it is at least 13.6 in confractual reduction. I have to mention that because much of the heat we get in the media is about our salaries and overtime is used. And what I'm agreeing to is to reduce overtime by at least $3.6 million. And that is -- that was a concession within our contract loosening up our shift strength requirement to lower that overtime. Commissioner Sarnoff So then -- Chair Sanchez: All right. Commissioner Sarnoff -- Mr. Manager, supposing a Commissioner up here was interested in the Police, would then that -- could that $3.6 million be used to close that gap to 400,000? Mr. Hernandez: No, because, in essence, that 3.6, I have already taken credit for it in our reductions. But Robert pointed out to me that, in essence, I could not back it up unless he took certain actions to support it. Commissioner Sarnoff I got to tell you, I'm a little frustrated with your math because I sit here - - I listen to 10 million. You then tell me it was packed into the 10, but not really packed into the 10, but it's an extra 3.6 million, but it's not really an extra 3.6 million. You want to call it a departmental reduction, you want to call it a contractual reduction. Mr. Hernandez: When we -- Commissioner Sarnoff I mean, I don't know if anybody is -- I'm not very confused; I'm disappointed. Mr. Hernandez: Commissioner, when we went through the original departmental reductions, we reduced a certain item amounting to 3.6, which, in essence, I believe, eliminated or froze positions. And Robert brought to my attention that, yes, I could do it, but I could not back it up because it required actions by them in order to solidify it. Commissioner Sarnoff Right. It's a confractual right. Mr. Hernandez: So they've taken the actions to solidify -- Commissioner Sarnoff I understand what Bobby -- Mr. Hernandez: -- that gain. City ofMiami Page 30 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff -- told me. Mr. Hernandez: Yes. Commissioner Sarnoff I'm not understanding you. Mr. Suarez: Commissioner, ifI could. The total -- Commissioner Sarnoff No, Bobby. I get what you're doing. Mr. Suarez: -- remains 13.6 million -- Commissioner Sarnoff Right. Mr. Suarez: -- 3.6 million was on the wrong side of the column. That was a union concession, not a City budgetary reduction. But the total is still 13.6 million in Fire budget reduction. It is 13.6 million from the IAFF union, not 10 from the union and 3.6 from the City. Commissioner Sarnoff Again, it's not you that I'm contending. I have a sheet here, proposed budget reduction, that accounts for 10 million of 13.6 million. I'm merely trying to figure out where the 3.6 million goes. And then I'm told it was already factored in. And my next question, of course, would be where? Mr. Suarez: It was shown as a -- Commissioner Sarnoff Not for you. Mr. Suarez: -- frozen positions, Commissioner. Commissioner Sarnoff Not for you. It's not a question for you 'cause I understand what you're telling me, but it is a question for a mathematician that has a reduction on about 14 pages of paper. Where did the 3.6 million go? Mr. Hernandez: Commissioner, we -- when we were doing the departmental reductions for Fire, we reduced it. We included in that a reduction, 3.6 million. And Bobby pointed out to us that that 3.6 -- that didn't have the backing, the support to be able to actually realize it. It was reduction in overtime; thatl couldn't realize it without him taking some actions. Via this contract modification, he's taken the actions to actually make that 3.6 true. Commissioner Sarnoff I'm sorry. I see it in line item 6. Mr. Boudreaux: IfI can, Mr. Manager. The slide number seven illustrates 54 vacant IAFF Fire positions and an anticipated savings of 3.6. In order for us to achieve that 3.6, the IAFF had to agree to modify the shift sfrength in order to help us realize that savings. So in their contract, they agreed to look at the shift sfrength and to modify that so that we're able to achieve this $3.6 million worth of savings. So in the end, they modified their shift strength where we can achieve the savings on these positions. Commissioner Sarnoff Well, everything here is a modification of a contract. Every union position that we're talking about here is people with contractual obligations agreeing to a modification. Mr. Boudreaux: That's correct. Commissioner Sarnoff It's apples and apples, right? City ofMiami Page 31 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: That's correct. Chair Sanchez: If they agree, yeah. Commissioner Sarnoff All I'm saying is I didn't realize line item 6 was separated from line item 4. It's an inobvious place to put an IAFF, to me, savings. Chair Sanchez: All right. Does that -- Thank you. -- conclude your presentation? Mr. Boudreaux: Yes, sir, it does. Chair Sanchez: All right. At this time, what we're going to do is we're going to open up the public hearing, and I would like to take one person out of order who is 100 years old and has come out here to address this Commission. And at this time, I would have -- if someone could help Dorothy Quintana come up. And I want to praise her for her commitment and tenacity to come in front of the Commission. If somebody could help her up? And I'm sure -- Ms. Bru: And Mr. Chairman -- Chair Sanchez: -- nobody's going to mind that she's going to cut in front. Ms. Bru: -- can I address the Commission? Just a procedural -- Chair Sanchez: Yes. Ms. Bru: -- issue. This part of the budget hearing, you're supposed to hear from and allow the general public to speak and ask questions about both setting the millage rate, the final millage rate and the budget. I believe that you -- we had an ordinance that was adopted without opening the public hearing, so the correct thing to do at this point is we're going to hear from the public on both the millage rate and the budget, and then we should bring back the millage rate and revote on it just to be procedurally correct. Chair Sanchez: Okay, but we voted on the millage rate already, but we'll do it again -- Ms. Bru: Right. Chair Sanchez: -- based on the public hearing. Ms. Bru: Yes. Chair Sanchez: Okay. Ms. Bru: Thanks. Chair Sanchez: So procedurally, we're going to go ahead and have the public hearing, then we'll come back and vote on the millage again, and then the budget. Okay, state your name and address for the report, Ms. Quintana. Good to see you here. Dorothy Quintana: My name is Dorothy Quintana. I'm a hundred years old, and I'm here to speak about the NET program. And I'm sorry, good evening. I'm sorry. And I am worried that you're going to close the NET program, and I don't think it's right. The NET program is a place where we really -- our neighborhoods, we go to them any problem, especially Wynwood has -- I'm talking about all the NET program. I don't want to be selfish, but especially Wynwood has -- Wynwood and Edgewater and the administrator from Wynwood has to take care of Edgewater City ofMiami Page 32 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 and Wynwood. And let me tell you, if you close that place, then what's going to be? And then, Commissioners, why did you have that building made in Roberto Clemente Park if you're going to close the park? Because once you get the NET program off you're going to close the park. So I beg you, please don't close our NET programs. We need them very badly in our neighborhoods, especially any problem in Wynwood and in Edgewater comes to the NET program and they're the one who take care of that. Whether you believe it or not, Edgewater has a lot of problem with burning buildings and drugs and crooks and you name it. And who takes care of that? Our NET program. They call them, they call the police, they run there and they take care of Wynwood and Edgewater. So, please, that's the only subject that I'm here. I don't want to bother with all the things that I wanted to say. But my (UNINTELLIGIBLE) promise, please, NET program, don't close it. Chair Sanchez: Thank you. Ms. Quintana: (UNINTELLIGIBLE) today I'm very nervous, and you know the way I am now. I'm sick. I can't see anymore, so -- but my mouth is still there. Chair Sanchez: Thank you. Thank you so much. All right, thank you. All right. Applause. Ms. Quintana: So I beg you, I beg you. Chair Sanchez: Thank you. Ms. Quintana: Commissioners, what answer are you going to give me? Chair Sanchez: Thank you. Ms. Quintana: I know right now you have problems, but please don't close Wynwood NET program. Chair Sanchez: Thank you so much. You made your point. Thank you. Ms. Quintana: Thank you very much -- Chair Sanchez: Okay, Armando Aguilar. Ms. Quintana: -- and God bless you all. Chair Sanchez: Favian (phonetic) Rodriguez, Ms. King, Ramira (phonetic) King, Ana Anderson, Natalie Ogletree (phonetic). The names that I've called, you're the speakers -- you're the next speakers. Armando Aguilar: Good afternoon, Commissioners. Armando Aguilar, president -- Chair Sanchez: Good evening. Mr. Aguilar: -- of Miami Fraternal Order of Police -- Chair Sanchez: Good evening. Mr. Aguilar: Yeah. You're right. -- 710 Southwest 12 Avenue. I have a few of our officers that are here today that have signed up to speak. They're willing to give me some of their time because I might need a little bit more than two minutes for this presentation. City ofMiami Page 33 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: I'll give you four. Mr. Aguilar: Well, sir, give me as much as I can get, but there are a number of officers willing to give their time. The Mayor said something that I agree with, which I find myself rarely agreeing with the Mayor, and that is that I've been opposed to any type of salary cuts. I remain opposed to any salary cuts, and I will remain opposed no matter what. But there are a lot of reasons for it, one of them being is that the Mayor actually brought this issue up. Back in 2006 and 2007, we found ourself [sic] not being able to compete with other police departments. We were losing officers left and right to other departments. We finally got some raises that got us up to approximately number 10 in pay in South Florida police departments. We have now -- ifI may approach the bench -- we now find ourself [sic] number 23 in pay again in South Florida police departments. Here's what's going to happen. If we give up any salary cuts, we're either going to lose police officers due to layoffs or we're going to lose them again due to competition from other police departments. I got to tell you, we worked very hard to get these salaries for these police officers. I don't want one single police officer being laid off. Mayor made another good point. We spent millions of dollars training and hiring these police officers. Already, I received calls from numerous police department, from Miramar, Hollywood, Miami Gardens, Fort Lauderdale Police, all police departments that pay more than we do, trying to pick up our police officers. As a matter of fact, I'm obligated to even do a job fair for them at the FOP. At the end of the day, they are certified police officers. They will have jobs. It's the citizens who are going to suffer. I don't want again not a detention officer or police officer laid off butt have negotiated with the City in good faith. Commissioner Sarnoff, you made a very good point. It's frustrating when you deal with this Administration on numbers. We got to $6 million twice. It's like buying a used car. And they go back to the Manager and come back with a different price. On two occasions, we ended up having $6 million in concessions. And the next day, it would go back to $4 million. Now to my surprise, we just went back again to $4 million in concessions. We have looked for ways to save the City money without having to reduce salaries. There's another important reason why I don't want to reduce any salaries, and that has to do with contract negotiations. As you know, a contract is a binding agreement between two parties. We don't have a true fiscal emergency. Our contract does say you can open it if we have a true fiscal emergency. As the Mayor pointed out, we have plenty of money in reserve. That money is needed in case there's a terrorist attack, in case there's a hurricane. But the problem is, if you don't have police officers, it's going to do you no good. Number two, we're saving that money for bond ratings. We've fallen victim of the baseball stadium. We are now looking at laying off 106 police officers in order to get a good bond rating in Wall Street. We have lost interest in the safety of the community. I want to show you something that happened this weekend, in just two days. What this is is a communications log from the Police Department. This is Friday, September 18. Sexual battery; armed robbery; armed robbery, male shot; armed robbery, person shot; armed robbery; armed robbery; robbery, person shot on call at the scene. Saturday, injured officer; armed robbery; armed robbery; armed robbery; armed robbery; another armed robbery, armed robbery. We're not getting any safer here in the City ofMiami, yet our only solution is to cut salaries of police officers and lay them off. Just to use the afternoon, a police officer off duty saw a suspicious vehicle -- mind you, he was off duty in his police car -- that fit the description of three men that had been involved in an armed robbery. When he attempted -- four men -- to stop the vehicle, they opened fire on him and a gun battle ensued in the middle of our streets. Mayor talked about sacrifices. This is a sacrifice. These are the police officers that have given their lives in the line of duty. Right now in the state of Florida, we are number one in the nation in police officers killed in the line of duty, and yet, your only solution to this budget crunch -- and again, I find myself dealing with an Administration that changes the numbers on me all the time as we go along. But we're talking a few millions of dollars that will save the jobs of all these police officers and will protect our community. It's not the unions being greedy. It's not a matter of greed. It's a matter of what's right and what's wrong. And in this case, you're wrong. No one has considered the overtime. If we lay all these officers off how much overtime are you going to spend to fill that gap, to close City ofMiami Page 34 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 that gap? I mean, think about it. As it is now, we're making overtime -- and it just came out in the paper all the overtime we have to work to cover the gaps that we have now. The federal government gave us the largest amount of money in Dade County to any police department 'cause they considered that we needed an additional 50 police officers, not that we needed to cut 106. They determined we needed more and yet, we're laying off 106 officers, a number that has also changed. Chair Sanchez: Armando, in conclusion. Mr. Aguilar: Sir, I need more time. Chair Sanchez: You have given -- you've got five minutes. Mr. Aguilar: Can somebody yield to me? (INDISTINCT COMMENTS FROM THE AUDIENCE.) Applause. Mr. Aguilar: I want to read a small section from -- Chair Sanchez: Hey, listen. Hey, if there's one thing we got to have in here is order, so please -- Mr. Aguilar: Please, guys -- Chair Sanchez: -- let's -- Mr. Aguilar: -- control yourselves. Chair Sanchez: -- control yourselves. Let's fry to be as polite and (INAUDIBLE) as we can. Mr. Aguilar: -- State Statute 447, collective bargaining. It's Section 2A. Upon execution of the collective bargaining agreement, the chief executive officer shall -- not may, shall -- in his or her annual budget request or by other appropriate means request the legislative body to appropriate such amounts as shall be sufficient to fund the provisions of the collective bargaining agreement. You have failed to do that. Just six months ago we had no problems in the City. We were in solid financial shape. And now, all of a sudden, after we sold the baseball stadium to all the citizens, we have $118 million deficit. I met with the Manager and, Commissioner Sarnoff you had a problem a little while ago with fuzzy numbers. The numbers were changed twice, as I said. In the budget, they have put in $4.8 million to purchase vehicles. We told them that we were willing for the City to only buy 20 percent of that so that we could use the remaining savings to go to our concessions. Well, the Manager came up and said, well, we already realized on auto savings. We're going to be refurbishing cars. Mind you, it's in the contract that they can refurbish cars. You basically get a shell of a car, you buy a new engine, a new transmission. At the end, it costs almost as much as a new car. I checked with Fleet; no one knows anything about this. I don't know where this came from or that they even have a vendor for this. But in any event, it would have been savings from our contract. They can't just say it's our savings that we're realizing. This is something in our contract. We ended up with $1.9 million out of $4.8 million. You can understand my frustration when we got to $6 million twice and then the Manager -- or the car dealership -- came back and said, no, it's only 4 million. That's on two occasions. I can tell you that, you know, I'm torn about these officers losing their jobs. I don't want any single officer losing their jobs, not even a detention officer. But what the City is doing is unconscionable. I think that if there's a time to dip into reserves, this is it. I can't think of a better reason. Bond rating is not one of them. The baseball stadium is not one of them. The safety of the public is what you should be concerned with. Thank you. City ofMiami Page 35 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Thank you. Commissioner Sarnoff Mr. Chairman. Applause. Vice Chair Spence -Jones: Armando, I think they have a question. I also have a question too, as well. Commissioner Sarnoff Can I be recognized? Chair Sanchez: Guys, once again, can we refrain from clapping, please? Vice Chair Spence -Jones: Can I -- I just have -- Chair Sanchez: Please. Vice Chair Spence -Jones: -- one question. Is that okay, 'cause you seem like -- you might be long -- Chair Sanchez: Commissioner Sarnoff -- Vice Chair Spence -Jones: -- a little longer than I am. I just have one -- Commissioner Sarnoff Go ahead. Vice Chair Spence -Jones: -- little, tiny question. Armando, the 106 employees that Mike talked about, I'm assuming that's only if everyone was to get on the same page about what's being offered. The 106 number that they have gone down to, that number equated to how much financially, fiscally, Mr. Manager? Mr. Aguilar: He said 8.4 million. Vice Chair Spence -Jones: No, no, the 106 police. Mike just did a presentation and he talked about how he went from 177 to 140-something to --171 to 144. Now based upon them working over the weekend, they came up with a number of 106, which would be the number of officers not released, correct? Commissioner Sarnoff You're correct. Mr. Hernandez: Right. Commissioner Sarnoff You're correct. Vice Chair Spence -Jones: I want to make sure I'm right. Everyone's looking at me like I'm crazy. That's what we said not even 30 minutes ago. So the question, Mike, what is that number, what does it equate to, 106? Mr. Boudreaux: We were able to identify $1.4 million over the weekend that equates to -- Vice Chair Spence -Jones: That's not my question. My question is -- Mr. Hernandez: He's getting to it. Vice Chair Spence -Jones: Mr. Manager. The 106 -- City ofMiami Page 36 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff A hundred and six. Vice Chair Spence -Jones: -- 'cause that's the hole -- Mr. Hernandez: Well, Michael is the one that -- Vice Chair Spence -Jones: -- that would be the hole. Mr. Hernandez: -- will have to give you that answer, but in essence -- Vice Chair Spence -Jones: For no one to get fired, meaning -- I want to know what that 106 -- what does that equate to financially? Commissioner Sarnoff Four million. We have to find $4 million. Vice Chair Spence -Jones: So that's the hole -- 4 million? Mr. Aguilar: Well, 4 million on top of the -- Mr. Boudreaux: The four -- Mr. Aguilar: -- 4 million that they say now are in concessions. As I said before, we've gone down from 6 million twice, so -- Vice Chair Spence -Jones: Okay. I'm just frying to understand. Is that the number? 'Cause that's not the number you just said. Mr. Boudreaux: The 106 positions is going to equate to about $8.4 million in order to avoid that from happening. The concessions that we've gotten from FOP have equated to four of that. The 106 equals 8.4. You take out what has -- we have agreed to in concessions with the FOP, 4 million, it takes it down to four point -- you know, 4.4. Vice Chair Spence -Jones: And that's ifFOP is able to agree to all the other things that's been asked? Mr. Boudreaux: If they're able to agree to everything else that has been presented, we can avoid the eliminations completely. Vice Chair Spence -Jones: So what we're trying to find is four point whatever million dollars -- Mr. Boudreaux: Yes. Vice Chair Spence -Jones: -- to fill the hole? Mr. Boudreaux: Yes. Vice Chair Spence -Jones: Okay. I'm just -- I'm always going to be the voice of reason up here. Chair Sanchez: All right. Commissioner Regalado: But Mr. Chairman -- Vice Chair Spence -Jones: I'm going to try to be at least. City ofMiami Page 37 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: -- ifI may. Vice Chair Spence -Jones: I'm almost done. I just want to ask -- Chair Sanchez: All right. Vice Chair Spence -Jones: Armando -- and I understand that you're doing what you have to do to save your officers and take care of your officers and you know I have the same conversation with you every time I see you and guess what? I have the same thing with them in the background because, at the end of the day, I'm just trying to make sure all those people -- are these your 1 of the 77 [sic] -- Mr. Aguilar: Yes, ma'am. Vice Chair Spence -Jones: -- these people? Mr. Aguilar: As a matter of fact, they want to speak. Vice Chair Spence -Jones: At the end of the day, all I see is faces and all I see is families. I don't see anything else. So at the end of the day, I'm hoping, in the midst of all of this, that we could figure out a way to get to that $4 million. And I -- Mr. Aguilar: Ma'am, the -- the impossibility is that every time I get to six, they go back to four. This has happened twice already. Vice Chair Spence -Jones: Okay, but can I --? Chair Sanchez: Guys? Mr. Hernandez: Well, Mr. Chair, Commissioner -- Vice Chair Spence -Jones: I want to finish -- Mr. Hernandez: -- the problem is he said it two or three times that every time he gets to six, we go back. Some of the things that he's offering -- Vice Chair Spence -Jones: Mr. Manager, you're going to let me talk. Mr. Hernandez: -- I don't think that -- Vice Chair Spence -Jones: I'm going to finish talking. Mr. Hernandez: -- you would take. Vice Chair Spence -Jones: I'm going to finish making my statement. That's it, okay? I'm asking Armando and I'm asking the officers, these people that have stayed here and waited that are standing in line to talk and they're all going to say the same thing. The reality is they have to go home to their families, okay. Regardless of whatever politics, we got to put people over the politics, period. I agree with -- Mr. Aguilar: I agree. Vice Chair Spence -Jones: -- right -- you most of the times. I agree with them most of the times. But at the end of the day, we got to think about the little people. We got to figure out a way to close the gap of $4 million. That's really what it's all about. I mean, I'm going to just give you a City ofMiami Page 38 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 perfect example -- and I'm sorry, Commissioner Sarnoff 'cause I did say I was only going to take a minute, butt have to say -- Commissioner Sarnoff I know that never happens, so don't worry. Vice Chair Spence -Jones: But I'm trying to save -- Commissioner Sarnoff There's no one minute with Commissioner Spence -Jones. Vice Chair Spence -Jones: -- these families. But I'm going to give you a perfect example, and I had a conversation with Mr. Manager on it. I ran into one of your officers that has been on the force for 20 years at my neighborhood grocery store. So, of course, he complained about, you know, what was happening and, you know, he said, well, Commissioner, you know, I get -- I think he's been on the force for more than 20 years. He said I get four weeks of vacation time. Four weeks ofvacation? He said, yeah, but most of the time I don't use it. I either let somebody -- I give away some of my time to let somebody have it, you know, if they get sick or whatever. I'm sure either he cashes it out or -- but the point is he had four weeks of it, right. So I said, four weeks of vacation time? And he said, yes, but ifI had to give up my vacation time, one week of my vacation time, to save a couple of people's jobs, I would be willing to do that ifI had four, even ifI had three, I would be willing to do it. So when I asked Mr. Manager -- and I just want to be clear -- like what -- when -- because when I got ready to go through the briefing with Mr. Manager, I said, well, how many days -- 'cause I'm talking to officers and I run into a lot of them. They're like, look, I'll give you a week. IfI can save some of these employees, I'll give a week. Your communication to me was -- based upon what I saw, was like we're only -- you were only giving up a day ofvacation, correct? Mr. Aguilar: Actually, it was one day ofvacation, one sick days, and two holidays. The first time we negotiated, the vacation day was worth $376, 000, the next day it was 276, 000. Vice Chair Spence -Jones: Armando, you know I'll support you to the end, so don't -- Mr. Aguilar: I know. Vice Chair Spence -Jones: -- you know, okay. But this ain't even about me and this ain't about you. It's about them people that you have to look in their faces. And guess what, if you got -- I'm sure if you got officers like yourself that have four weeks ofvacation and they know that their fellow officers are going to lose their jobs and they're not going to be able to take care of their families and they're not going to have anywhere else to go, I'm sure if you polled your officers that had three-week, four -week vacations, they would say, you know what, ifI can save a person, I'll give a week up. But for me to hear that it was only like a day -- Mr. Aguilar: Well, it added up to $6 million twice, and now we're back -- Vice Chair Spence -Jones: But the issue -- but -- Mr. Aguilar: -- to 4 million. Vice Chair Spence -Jones: -- just imagine if you gave me two or three days. I'm sure your fellow officer, your sworn officers sitting here in this room, the ones that have done 15 or 20 years in the service, you know, that are frying to allow slots for these people to become like you guys -- and you know, I'm never frying to call you out. I'm just trying to find some reasoning in all of this. Mr. Aguilar: And I agree. City ofMiami Page 39 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: When I get briefings on this issue -- because, you know, I'm always trying to find balance for you, you know, and I'm not frying to get caught up in all the politics. I'm trying to focus on what the real issues are. And when I asked the Manager, I said, well, how many days have we given up on vacation, you told me how many days? Mr. Hernandez: I think that he just said it. It was one day vacation, one day ill, and two holidays. Vice Chair Spence -Jones: One day vacation. Mr. Aguilar: Compounded with the physicals, compounded with the car purchase, compounded with -- Vice Chair Spence -Jones: I understand. Mr. Aguilar: -- all the other stuff. Vice Chair Spence -Jones: I understand that. I understand exactly what you're saying. You have given up a lot already. I understand that, but I'm saying if you're giving up only one vacation day, one vacation day -- and I'm saying that there are instances where you have officers that have been on the force for longer than, you know, 20 years, 15 years, and these -- I didn't ask -- I didn't solicit this information. They came up to me. Commissioner, I'll give a week (UNINTELLIGIBLE) somebody -- Mr. Aguilar: Yeah, Commissioner, but the problem is that I'm dealing -- Vice Chair Spence -Jones: -- or I'll give two days. Mr. Aguilar: -- with somebody I can't count on. Every time we talk about something, it changes. Vice Chair Spence -Jones: But want you -- Mr. Aguilar: So ifI give 'em three days of vacation, they're going to want six. If give them six - Vice Chair Spence -Jones: Armando. Mr. Aguilar: -- they're going to want twelve. Vice Chair Spence -Jones: Okay, Armando. Mr. Aguilar: But that's the way it's been so far. Vice Chair Spence -Jones: Armando, see, I don't have a problem standing up here and talking to you like a woman. Ms. Thompson: I'm sorry, Commissioner. Vice Chair Spence -Jones: I don't have a problem with talking to you like a woman. I'm speaking to you straight. Forget all of this other stuff that's going on 'cause I know your heart is in the right place and I know that you fight for your people. That ain't even a question. I'm not thinking about the Mayor; I'm not thinking about the Manager. I ain't even thinking about my colleagues. I'm talking to you person to person. If one of your officers, two of your officers are saying to me, Commissioner, I can give up a week, I can give up three days just so that can save two or three jobs, if you're telling me with one day you saved me $6 million, can you City ofMiami Page 40 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 imagine what you'd save me if you gave me two or three days? How many -- Mr. Aguilar: Actually, one day is now $276,000. Vice Chair Spence -Jones: But my point is, Armando -- Mr. Aguilar: No, I understand. Vice Chair Spence -Jones: -- all I'm asking you to do is just to dig deeper, man. I'm sure your fellow officers -- and I see a lot of them and they know Igo to bat for them, you know. I'm asking you guys to figure out a way to address this issue. I don't want to have to see these people on the streets. I don't. I don't want to see your people going through that, but I'm asking you to find -- Mr. Aguilar: No. Actually, I do want to see them on the street. I want to see them in uniform on the streets. Vice Chair Spence -Jones: Right. Well, you know what mean. Chair Sanchez: All right, come on. Vice Chair Spence -Jones: You know exactly what mean, Armando. So all I'm asking you is to please -- that one day -- Chair Sanchez: Let's -- Vice Chair Spence -Jones: -- if we can consi -- Mr. Chairman, I know we got a lot more to go, but I'm trying -- I really want us to find resolution in this and not always -- Chair Sanchez: We should have time to find resolution today. Vice Chair Spence -Jones: I understand that, but you hear me, Armando, right? Mr. Aguilar: I hear you. Vice Chair Spence -Jones: And all your men and they -- your women hear me. That's all ask. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Thank you. Mr. Aguilar: Thank you, Commissioner. Commissioner Regalado: Mr. Chairman, just ifI may. I really admire and support the passionate words of Commissioner Spence -Jones, but -- to follow this line, I just want to understand something. Mr. Manager, what is your goal? Is your goal to find four million and some money out of the police budget, or is your goal to get the police union to give you a 2 percent --? Mr. Hernandez: Commissioner, let me make it very, very plain and very easy. He said on the record that he doesn't want to have any salary reductions, period, okay. What -- Commissioner Regalado: No, no, but I'm asking -- Mr. Hernandez: No, because the salary reduction of 2 percent that we're asking for and the foregoing of the 3 percent coming up October I combined is 4.3 million, those two items. If you City ofMiami Page 41 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 had those two items on the table, it would be a lot easier to then come up with other alternatives, other ideas to come up to the 8.4. It would be very simple. But since he doesn't want to accept any salary reductions, then you have to come up with ideas that sometimes are not acceptable, like foregoing the annual physical. I think that that's going to put us in a bind some day. That's going to bite us. I would never do that. Eliminating drug testing, you know, uniforms, you know, they're iffy things. And we're accepting as many as we can, but some we cannot. So if you don't have the main components, like the 2 percent and the 3 percent, it's very difficult to come up with the 8.4 on just general items. Commissioner Regalado: And I understand. Mr. Hernandez: And we fried. Chair Sanchez: All right. Mr. Hernandez: Believe me, we tried. Commissioner Regalado: And I understand. I just want to understand what is your goal because like the other day, Broward County, they have furloughs, and they sort of resolved the budget deficit with furlough. So it's many components. But now -- but if the goal is to say FOP had to give 2 percent and that's it, but if the goal is to find 4 million real dollars of the police budget, then I could support Commissioner Spence -Jones appeal of anything, vacation, whatever, you know. Mr. Hernandez: Commissioner, the goal is not to have to lay off any police officers. Commissioner Regalado: No, no. Mr. Hernandez: That's the number -one goal. And the goal is not -- Commissioner Regalado: No, no, but I'm not asking about laying off -- Mr. Hernandez: Well, the goal is not to have, let's say, the 2 percent -- Commissioner Regalado: The goal -- Mr. Hernandez: -- if you can have bona fide savings. Commissioner Regalado: Oh, okay. I wanted to hear that if you -- I want to understand. Mr. Hernandez: But he's being negative on anything that means furloughs or -- I mean, anything that's really substantial -- Chair Sanchez: All right. Mr. Hernandez: -- the answer is no. Chair Sanchez: All right, listen. There's a lot of people that have taken time off from their busy family to come out here. We have a lot of people that want to address. Thank you. We'll go ahead and start with -- Commissioner Sarnoff But wait, wait. I thought I started this by asking -- Vice Chair Spence -Jones: Oh, you're right. I'm sorry. City ofMiami Page 42 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff -- for time. Vice Chair Spence -Jones: I'm sorry. Commissioner Sarnoff I apologize for following the rules. Vice Chair Spence -Jones: I'm sorry. Commissioner Sarnoff That's all right. I never believe you're done in one minute. Just so you know you're listened to, you said last time that Miami was a tale of two cities. I suppose you were quoting Charles Dickens, and for those of us, he was an 1859 novelist and it was set in London, in Paris, before the French Revolution. And the famous quote was this. "It was the best of times, it was the worst of times; it was the age of wisdom, it was the age of foolishness; it was - Mr. Aguilar: You sure I said that? Commissioner Sarnoff It's whatl think you wanted to say. "-- the epoch of believe, it was the epoch of incredulity; it was the season of light, it was the season of darkness; it was before spring of hope, it was the winter of despair; we had everything before us, we had nothing before us -- Chair Sanchez: Beautiful. Commissioner Sarnoff "-- we were all going directly to heaven, we were all going directly the other way." My point is I understand your anger and your hostility toward a city when we were voting on baseball that was demonstrated to be very different. And not everybody on this Commission supported baseball. But this Commission acts as a legislative body and the rest of us that didn't support it are now forced -- or will support whatever the will of this Commission is. And I think you have to consider something that every city -- and I've looked at all 22 ahead of you, and I happen to know that 11 of those cities are considering salary reductions, and the others are going to consider salary reductions. And what you're being asked to do, to put it in numbers and cents, is you're being asked to give up $900 a year. I know that's important to you. Believe it or not, I haven't said this very often, but was a police officer for a very short time in Tampa, Florida. You couldn't pay me enough money in the City ofMiami to wear a badge and inevitably be the target for which you are. I don't find you to be overpaid. I'll say that right on the record. However, I know you think -- and I know everybody out there thinks things will get better next year -- Chair Sanchez: They're not. Commissioner Sarnoff -- and they won't. Things will be worse next year -- Mr. Aguilar: That's right. Commissioner Sarnoff -- than this year. I hear you. And everybody tells me -- 'cause, you know, I'm new at this game -- don't tell everybody that. Tell 'em we'll look at it again next year. It just isn't in my nature, I guess, to fib. It's not in my nature to tell somebody something -- what I call ear candy. You're going to be facing a more difficult time maybe even next time and it's -- Mr. Aguilar: I agree. Commissioner Sarnoff -- in negotiation. But I just find it hard to believe, for $900 or however we arrive at that, closing the $4 million gap. And I -- and you know, I'm more than willing to listen to your side of the story or to the City Manager's side of the story 'cause I wouldn't let you City ofMiami Page 43 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 not have a physical. It doesn't make sense. I wouldn't suggest to you some of the ways that you suggested you could have savings. It really is going to come down to you accepting furloughs because in one respect, you're a proud man and you don't want to do a salary reduction, but there has to be real dollars. There has to be a real accommodation. I did not get on this Commission to reduce police. It was my goal every year to add 25 police officers to the City of Miami. Now I could get into the detention officers. I could get into a program that think that I'm a little agitated at the City Manager because we were working on a program. He got very sidetracked on how we could save you guys a lot of time and effort at the detention center, but for one reason or another, our attention was diverted. I just think it comes down to the police to, once again, save us. Because I think for -- to you -- for you -- and you know what? It isn't about 106 police officers 'cause if I'm looking at this correctly, I mean, I just don't believe the 65 frozen positions are real -- are whatl call really not there. I think they really are there, and I think you do too. Maybe it's half that number. I think you have got to find a way to put 130 officers back on the street, and I think you do deep down too. And all I'm asking you -- and I'm not good at begging, but am pretty good at showing people different ways of looking at things. You're not going to be 23rd on a list when all these cities -- Fort Lauderdale, I guarantee you there's a change coming. Hallandale, I guarantee you there's a change coming. Not everybody's going to be the same. This is an epidemic of proportions throughout America. I did say something in the paper and I do believe this. We are the California of municipalities. We are on the cutting edge of the mistakes we've made. We are. We have a budget shortfall of 23 percent. The County, for as much as we like to make fun of them, what do they have, a 7 percent shortfall, 8 percent? How we got here -- you know what? It's fun to point fingers, but it's kind of immaterial. How we get out of here is really on your shoulders. Mr. Aguilar: So basically what you're saying, Commissioner, is ifI find $4 million without cutting salaries, we'll have a deal, the numbers won't change again by the Manager because, obviously, that's my frustration. So you're saying ifI find $4 million -- Commissioner Sarnoff You have this Commissioner's vote. That's right. Mr. Aguilar: Thank you, sir. Commissioner Sarnoff And it is substantiated to some degree -- Mr. Aguilar: And no one will lose their job. Commissioner Sarnoff Right. Mr. Aguilar: Okay. Vice Chair Spence -Jones: Mr. -- Pete -- Mr. Manager, did you hear that? I just want to make sure -- Mr. Hernandez: We're talking about 8.4 million. Let's be clear. Commissioner Regalado: Wait, wait, wait. Mr. Hernandez: No, no, no, no. Allow me. Chair Sanchez: It's going to be a long meeting. Mr. Aguilar: I agree. The four -- Chair Sanchez: Folks, it's going to be a long meeting. City ofMiami Page 44 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Aguilar: -- and the other four. Mr. Hernandez: It's 8.4 -- Chair Sanchez: Sir, you need to get on the mike -- Commissioner Sarnoff Right. Mr. Hernandez: -- and we have to -- Chair Sanchez: -- so we could have it on the radio [sic]. Mr. Hernandez: -- and the first thing that we need to agree -- Vice Chair Spence -Jones: Okay. I just want to make -- Mr. Hernandez: -- and by the way, let me say that Armando andl have been working cordially on this issue since the last meeting, right? Mr. Aguilar: Yes. Vice Chair Spence -Jones: Okay, so we just want to hear yes -- Mr. Hernandez: I want -- Mr. Aguilar: (UNINTELLIGIBLE) but that's (UNINTELLIGIBLE). Vice Chair Spence -Jones: We just want to hear yes that the four point million -- Mr. Hernandez: -- to say that it's -- Vice Chair Spence -Jones: -- that we need to find. Mr. Hernandez: -- 8.4 and I want to clarify with him here tonight what the 4 million are that we're solid on -- Commissioner Sarnoff Yeah, put it on the record -- Mr. Hernandez: -- so we go from there. Commissioner Sarnoff -- just so we see what they're in agreement in. And then you two go back in the back room -- Vice Chair Spence -Jones: Yeah, yeah, yeah. We don't -- Commissioner Sarnoff -- and you come back in an hour. Vice Chair Spence -Jones: -- we could continue the meeting. Yes. Okay, Mr. Chairman. I'm sorry. You can go 'head [sic]. They're going to -- Okay, Armando, we have to continue. So, Mr. Manager, can you guys work that out? Mr. Aguilar: Well, I'd like to know publicly what we agree on. Vice Chair Spence -Jones: Yeah, but you can come back and let us know. City ofMiami Page 45 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Aguilar: Okay. Vice Chair Spence -Jones: We just know that we're frying to find that $4 million gap because you already discussed the 4 million, which means we have no officers going anywhere right now, which I'm very happy about. Mr. Aguilar: Okay. Vice Chair Spence -Jones: So if you guys can do that, it'd be great. In the meantime, we're going to continue our business here and let's get through this. Two minutes only. Christy Adams. Commissioner Regalado: But Madam Chair, so the Manager has not yet -- Vice Chair Spence -Jones: Agreed? Commissioner Regalado: -- no, no -- tell us the 4 million, the basic 4 million. Vice Chair Spence -Jones: He said 4 million. It's altogether 8.4, but they'll work that out. They can come back as soon as they get it worked out. Commissioner Regalado: Well, can they do it in the Sunshine here? Vice Chair Spence -Jones: Yeah, but can we like not hold all these people up? Commissioner Regalado: I know. I'm sure that the people will appreciate that, you know. Vice Chair Spence -Jones: Yeah, but I'm sure they also don't want us to keep standing up. Commissioner Regalado: But anyway -- Vice Chair Spence -Jones: I want to respect the fact that they're standing. Commissioner Regalado: -- be as it may, you know -- Vice Chair Spence -Jones: Okay, Christy -- Commissioner Regalado: -- inside or outside, whatever. Vice Chair Spence -Jones: -- Adams, are you here? Okay, I'm going to keep moving. Alisha -- Commissioner Gonzalez: Let me tell you. It would be great -- Vice Chair Spence -Jones: --Anglin. Commissioner Gonzalez: -- if they finally come to an agreement and all of these fine police officers can go back to their family, you know, saying thank God we still have a job. Vice Chair Spence -Jones: Alisha Anglin. Ms. Thompson: I'm sorry, Chair -- I mean, Vice Chair. I did let the Chair know some people who signed up are outside because there's not enough room in here, so when we're calling their names, we may have to give them some chance to get in. Chair Sanchez: All right, listen, once again, we ask for your cooperation. We have a lot of speakers that want to address the Commission. This is by far one of the most important City ofMiami Page 46 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 responsibilities we have, which is to balance the budget, so we ask you to please cooperate with us. We'll start calling -- Christy Adams, she's a police officer. Christy. No, no, no, no. You just can't come up and talk. Alisha Anglin: She called me. Chair Sanchez: Well, no, no, no. Ms. Anglin: Okay. Chair Sanchez: Christy Adam [sic], is she is? Christy Adam [sic]? No, no, no, no, no, no. We're going through the list. Christy Adam [sic] is not here. We'll call the next. Anglin, Alisha, Armando Alvarez. Alisha? Ms. Anglin: Yes. Chair Sanchez: Okay, go ahead. You're recognized for the record. Armando Alvarez, you're the next speaker. Ma'am, you're recognized. Ms. Anglin: Good afternoon, Commission members. I'm Officer Anglin. I've been working for the Department since July of last year. A year prior to that, I was living in New York and I came down, ensued for a better future with my fiancee. We spent like over $5, 000 to get this position and -- Commissioner Sarnoff Where are you from? Ms. Anglin: I'm from originally Bronx, butt moved to Queens. Commissioner Sarnoff I was from Brooklyn. Ms. Anglin: Yeah? Yeah, he's from Brooklyn. He's outside. Commissioner Sarnoff He's a bad guy, then. Ms. Anglin: I left our secure -- we both left our secure jobs in the city we worked. I worked as an EMT (Emergency Medical Technician) for FDNY (Fire Department of New York). He was a MTA (Metro Transit Authority) conductor, a subway conductor. And we took a chance. We took a gamble. We wanted to apply for this city because it was similar to New York in many ways, of course, you know. Commissioner Sarnoff It's better. Ms. Anglin: Yeah, it's better, and much warmer, no snow. And we took that chance and gambled -- Commissioner Sarnoff Where do you live? Ms. Anglin: Now? Commissioner Sarnoff Yeah. Ms. Anglin: I live in Aventura. We're planning on -- Commissioner Sarnoff You got to come -- you got to move to Miami. There's lots -- City ofMiami Page 47 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Anglin: We was actually planning to move -- Ms. Bru: Excuse me, Mr. Chairman. You've lost your quorum. Ms. Anglin: -- we planned on moving to Miami. Chair Sanchez: All right. At this time -- ma'am -- Commissioner Sarnoff Well, they -- can't they just -- Chair Sanchez: -- we don't have a quorum, so we have to wait 'til we have another Commissioner so we can continue to have the meeting. All right -- Ms. Thompson: IfI -- Chair Sanchez: -- he's back in. Ma'am, you're recognized for the record. We have a quorum. Ms. Anglin: Okay. Yeah, well, we took a gamble, over $5, 000. We did everything together, and we got hired, graduated, and now we both got that pink slip and we're nervous and, you know, we want to stay. This is -- we chose this city. We didn't choose any other -- Chair Sanchez: Thank you. Ms. Anglin: -- city. We didn't go to Miami Beach. We didn't go to Miami Gardens. We chose Miami, and we love it here, and we want to stay here until the end of our career. I hope that you support us -- Chair Sanchez: Thank you. Ms. Anglin: -- and we will continue to support the City, the citizens, you, your families, and everyone else. Thank you. Chair Sanchez: Thank you. Commissioner Sarnoff Got to move to the City. Chair Sanchez: All right. Commissioner Sarnoff Aventura is not the City, you know. Chair Sanchez: Armando Alvarez, Alberto Barran (phonetic), and Catina (phonetic) Anderson. Catina (phonetic) Anderson, Albert -- James Burnett [sic], Barbara, Robert Black, Alma Brown. Also, the names that I've called, just come up and try to -- Commissioner Sarnoff Yeah, everybody line up -- Chair Sanchez: -- line up because, I mean -- Commissioner Sarnoff -- 'cause we don't need the delays. Chair Sanchez: -- ladies and gentlemen, if we don't expedite this a little bit, we're going to be here very late into the morning. James Bernat: Good evening, Commissioners. I'm a current officer with the City ofMiami, and I just have one question, and it's concerning the number of officers that are being laid off. Sitting there I heard a bunch of different numbers, and I'm a little confused about something and City ofMiami Page 48 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 maybe you could clarify it for me. Chair Sanchez: All right. Mr. Bernat: Originally, there was 170 officers to be laid off to cover a $10 million deficit; am I correct? Chair Sanchez: Correct. Mr. Bernat: Then the number went to 106, counting for the 43 officers for the grant -- Chair Sanchez: Right. Mr. Bernat: -- and the number went down further, further cost savings, correct? Chair Sanchez: Yes. Based on savings that they've found, the number's gone to 106. Commissioner Sarnoff Well, that's -- Mr. Bernat: Okay, so now the debate is about 106 officers possibly be laid off correct? Chair Sanchez: Yes. Mr. Bernat: The numbers that I'm really confused about is that at 177 laid -off officers equal $10 million. Now we're talking about $4 million. And if you do the math, that comes to about 50 officers, not 106. Commissioner Sarnoff Yeah, but you have to look at different numbers. You have to look at 149 'cause some positions are not going to be filled. It's -- they're being genuine with their numbers. They're not being ingenuine [sic]. I mean, if you're looking at what we're looking at, it's really 149 positions they're frying to close the gap right now, and that's your 9.7 -- I'm sorry, 8.4 million right now. Mr. Bernat: So you're not -- so look at 149, you're not counting the grant money from the federal government; am I correct? Commissioner Sarnoff If you take -- you reduce -- if you reduce the -- Chair Sanchez: Forty-three. Commissioner Sarnoff Right. He's right. Forty-three officers, you take that out, 13 unfilled -- 13 vacant positions, and then 65 frozen positions, then you bring down your reduced number to 106. Mr. Bernat: Right, but 106 -- I heard 106 at 8.4 million and 177 officers -- Chair Sanchez: No, no, no, no. Mr. Bernat: -- at 10 million. Chair Sanchez: No, no, no. Those numbers are -- Commissioner Sarnoff You have to use the 149. Mr. Bernat: You have to use the 149. City ofMiami Page 49 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Yeah, 'cause that's the real savings. Chair Sanchez: We -- listen, I understand your concern. Just like us, we're counting everyone to make sure that everyone that we could save their jobs through this whole process we could save. We're down from 177 to 106, okay. That's the number that we're at with the Police Department. Of course, other -- in other agreements, in other negotiations, we still have some numbers with the other unions, but it's all about getting down to zero, where we don't have to lay off anybody here. Mr. Bernat: Correct. Chair Sanchez: The last thing we want to do now is add to a bad economy by, once again, focusing on destroying families and people that have had a job are blessed by the good Lord that they have a job and, you know, we want to make sure that the compromises are made to be able to save all the jobs. So we're -- we understand your concern as to the numbers. Mr. Bernat: Okay. Just my only point was that the 106, if you did include the grant money, would be 106 -- Commissioner Sarnoff Yes, with the grant money. Mr. Bernat: -- with the grant money -- The only statement I want to make is with the grant monies, 106 -- Chair Sanchez: Yes. Mr. Bernat: -- and 106 is equivalent to the 4 million, not the 8.4 because the numbers don't match up -- Chair Sanchez: All right. Mr. Bernat: -- with -- you know, 'cause you're not frying to find 8.4. You're trying to find 4 million ifyou include the grant money. That's the only statement I wanted to make. Chair Sanchez: Yes. Commissioner Sarnoff Not exactly. Everybody keeps moving their money around. You start out at 9.7; it got reduced to 8.4. You take the 8.4 number, that's the real number you're trying to do right now. That's the 149 positions. But the good news is we're going to get some grant money, which -- Mr. Bernat: Okay. Commissioner Sarnoff -- all we're using that is to put 43 police officers back on the street, so that number materializes in that 149 number. And then you end up with your 106 officers. Mr. Bernat: Right, but the grant money will help make the difference between the $4 million and the $8 million; am I correct? Commissioner Sarnoff No. Mr. Bernat: No? Commissioner Sarnoff No. City ofMiami Page 50 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Bernat: Okay. Chair Sanchez: All right, thank you. Mr. Bernat: Thank you. Commissioner Sarnoff It's -- Chair Sanchez: Okay. Commissioner Sarnoff -- I know -- they're doing it accurately. Trust me. Mr. Bernat: Okay. Chair Sanchez: Next speaker. Alma Brown: Good evening, Commissioners. My name is Alma Brown, and I reside at 301 Northwest 51 st Street, Miami, Florida. I'm here on behalf of the Buena Vista West Neighborhood Association to appeal the proposed budget cut that will eliminate the Neighborhood Enhancement Team, NET. Over a decade ago, the City made a commitment to making the City ofMiami one of the safest cities in the country, and by your own admission, on the City's official website, you state that -- and I will quote verbatim -- "There is no better way to do business with the City ofMiami than by using NET." You also declared in 2006 the NET Department would be -- was declared the Year of the NET, and that's a good thing. The NET office to the people who live in the community is a jack of all trades. It has been responsive to our community needs. It has promoted mutual trust between the police and the community and delivers quality service that meets the needs and standards far that exceeds expectations of when it was first placed there. Some of you may say that you can get the same service downtown, butl beg to differ. Because when you walk into the NET station, you are always met by a courteous and friendly real person who is able to assist you in real time. On the other hand, if you call downtown, you may get someone -- if you're calling for Mary Doe, you may get an answer like this. "Press 1 for Mary Doe or Press line 2 for John Doe." And when you finally reach John Doe's desk, you will get an answer like this. `My name is John Doe and currently I'm away from my desk. Please leave a message and I will call you back as soon as possible." Well, that "possible" may be next month -- Chair Sanchez: Yes. Ms. A. Brown: -- it could have been the next week. And when they do call you back, you have to think about well, why did I call -- why are you calling me? Chair Sanchez: Thank you, ma'am. In conclusion, please. Ms. A. Brown: For as low-income senior citizens that's shut-in, the NET answer is the answer to their prayer. They can go look in five minutes services, City services, government services is just around the corner. And working together with the NET Department, we have dealt with some very serious crime -related problems, murders, rapes, and you name it, we've had it. And now in my neighborhood of Buena Vista, I can see -- I feel much safer since they were there. Chair Sanchez: Thank you, ma'am. Ms. A. Brown: So the good news is that we're moving in the right direction, and the bad news is that the proposed cut to the NET would be very counterproductive and ending a service where the community has relied upon -- City ofMiami Page 51 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Ma'am, I think you've made your point very eloquently. Thank you. Ms. A. Brown: So please let me just say that, Mr. Mayor, Mr. Commission, the NET Department is a winner. Don't take it away. I urge you to restore the budget. Put our tax dollars back in our community. Our safety is a right and not a privilege. Make safety a priority that must be -- must not be compromised. Chair Sanchez: Thank you so much. Thank you. All right, let's -- I have some kids here that want to address the Commission, and they have to get home and probably get ready for school tomorrow. So are we going to have one person who's going to be the spokesperson -- no? Unidentified Speaker: Yes. Chair Sanchez: Yes, one person who's going to be the spokesperson. All right. We have children here in the audience and they want to come up, from Shenandoah training school. Well get you out of here so you could go home and do your homework. All right, so let's go get -- and get whoever's going to address -- now I want to -- I have a message from the Manager. The Manager said that all park programs will continue, including swimming, so it's a good news, but go ahead. Jose Fernando Tabares-Ossa: Oh, it is? Chair Sanchez: Yes. Unidentified Speaker: It is, yes. Mr. Fernando Tabares-Ossa: So that's fantastic. I guess -- Chair Sanchez: Okay. Mr. Fernando Tabares-Ossa: -- we were -- Ms. Thompson: I need a name, please. Chair Sanchez: Yeah, their name and who they're representating. Mr. Fernando Tabares-Ossa: Shenandoah swimming team, from the Shenandoah Pool, probably the oldest, I guess, pool in the County or in the City, as far as I heard. Ms. Thompson: And your name, please, sir. Mr. Fernando Tabares-Ossa: My name is Jose Fernando Tabares-Ossa. Chair Sanchez: Boy, that's a lot of trophies. Mr. Fernando Tabares-Ossa: Yeah. Well, these children were very disappointed when they heard the pool was going to be closed, and they themselves wanted to come and show what they have accomplished not just in their swimming abilities, but also in their schoolwork. The discipline that these kids commit, you know, to the swimming is as -- you know, increase also in their grades. They're very committed and they don't want the pools to be closed, so they -- Commissioner Regalado: And it won't. The pool in Shenandoah is one of the most active pools in all city parks. The soccer team is also a big ticket for Shenandoah. The Primus (phonetic) Angels national cheerleader champions for two years practice in Shenandoah. And our office is City ofMiami Page 52 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 a very proud sponsor of the Primus (phonetic) Angels. And I think that what you do in the pool is great. And from day one, all members of the Commission had told the Administration that we needed to keep the pool, so -- Mr. Fernando Tabares-Ossa: So, you heard, kids? Chair Sanchez: All right. Commissioner Regalado: Thank you. Mr. Fernando Tabares-Ossa: The pool is going to be open for you guys. Chair Sanchez: Listen, thank you so much. It's great for you to come out here and see your government at work, and now you could go home and do some homework. Mr. Fernando Tabares-Ossa: All right, thank you so much. Chair Sanchez: All right, thank you. Mr. Fernando Tabares-Ossa: Thank you for taking the consideration -- Chair Sanchez: Okay. Mr. Fernando Tabares-Ossa: -- to put them in front. Applause. Chair Sanchez: All right, no clapping, no clapping. Next speaker. All right, thank you. Good night. Bye, guys. Mr. Fernando Tabares-Ossa: Thank you. Chair Sanchez: Keep swimming. Hopefully, you'll get a good scholarship to a good Ivy school. Okay, Barbara, let's go. Barbara Bisno: Okay, Barbara Bisno, 1000 Venetian Way, Apartment 603. I'm chair of the Community Relations Board. I'm not dressed like this for effect. Actually, we've been asked to do something this evening. Whenever there's a protest or a demonstration, we come out. The City employees are so well -- are not unruly at all, so we're -- many of us are already back in. Dr. Vargas and maybe Teresa or Heidi, I don't know if they're inside or not. Other people are outside. Anyway, I heard two things in the Mayor's presentation. One is that there is a staff person for the CRB in the budget, which is great, so all we need is like 10,000 bucks to do our program. We come very inexpensive. And also, that the NET offices were going to be saved. Is that -- wasn't that part of the Mayor's presentation, that the NET offices would stay open? Commissioner Regalado: The staff. He said the Litter Busters and the workers and the assistants, but not the -- Commissioner Sarnoff The directors. Commissioner Regalado: -- NET directors. Ms. Bisno: Oh, well, then that's something -- all I'm here tonight to say to you is we all recognize what a horrible thing has to happen. I mean, terrible decisions have to be made. Great progress has been made in the last two weeks. We rely on your wisdom. The NET City ofMiami Page 53 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 administrators are, from our point of view, working out in the community. You've heard from Ms. Brown. You saw the 100-year-old lady. I hope that you are able to find that as well. I appreciate the opportunity to address you again. Thank you -- Chair Sanchez: Thank you, Barbara. Ms. Bisno: -- and we rely on your wisdom as always. Chair Sanchez: Thank you. Is it Shantaria (phonetic) Burns? Shantaria (phonetic) Burns, Roger Cabrera, police officer, Roger Cabrera. All right, Ann Brown from the Upper Eastside NET. Okay. Francisco Castillo, Shannon Clark, Kenya Crocker -- Croaker, okay. Treisha Brown: Good evening. Chair Sanchez: Good evening. Ms. Brown: Treisha Brown from Upper Eastside NET. I just want to thank you all for allowing me to speak on behalf of NET. Chair Sanchez: Yes, ma'am. Go ahead. Ms. T. Brown: NET solves many quality of life issues, which we cannot put a dollar amount to, such as NET provides weekly community cleanups to remove trash and garbage. We cleaned 1,212 alleys. We closed 25,000 sites, including right-of-ways [sic] have been maintained. Close to 4,500 sites of graffiti have been painted over, 86public right-of-ways [sic] have been mowed. Two hundred "No Dumping" and pooper scooper signs have been provided with NET's budget. Also, over 4,800 signs have been removed from the public right-of-way, 3,100 shopping carts have been removed and 6,100 tires have been picked up. The NET concept is to design -- excuse me, to provide direct services at the convenience of the constituents, business owners, and visitors in our community. Most importantly, it specifically targets those citizens with no means or money for transportation to travel all the way to the City Hall or to Miami Riverside Center located downtown Miami. We also assist the elderly, the children, and less fortunate in our community. I have been with NET for nine years. I have worked in Wynwood. I have worked in Northeast Grove. I have worked in Model City, and now I'm at Upper Eastside. Chair Sanchez: Thank you. Ms. T. Brown: I love NET, and I think that NET is the best department in the City because I have worked there. I love my job and I love my administrator. And I'm just asking -- and I'm nervous and I don't want to cry, but please don't eliminate NET. Chair Sanchez: Thank you. All right, Felix De Rosario and Carlos Deschamps, Rolando -- forget it. See if you could read the last name here. Shannon Clark: Good evening, honorable Commissioners. My name is Shannon Clark. I reside at [address withheld], that's here in Miami, Florida, and I'm a police recruit. And I speak for myself and my fellow classmates of the Miami Police Academy FDLE 83. And just five short weeks ago, we began the academy, and for most of us, becoming a police officer has been a dream. And to actually become a part of this great organization has been a dream come Prue for us, sir. I ask that not one member of the Police Department or other City department lose his or her jobs because of the budget restraints that face our city. We all deserve to keep our jobs. Our families deserve to be financially secure, and the citizens and visitors ofMiami deserve to live, work, and play in a safe and comfortable environment, free of fear and crime. I just want to say from my heart that I have continually prayed over this issue since I received my letter a few days ago and I pray and I ask now for your support and hopefully for our benefit we remain here. City ofMiami Page 54 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Where do you live? Ms. Clark: Thank you, sir. Commissioner Sarnoff Where do you live? Ms. Clark: I live here in Miami, Florida. Commissioner Sarnoff Miami, Florida. Ms. Clark: Yes, sir. Commissioner Sarnoff In City ofMiami? Ms. Clark: The City ofMiami, [address withheld], sir. Commissioner Sarnoff And you were raised here, born and raised? Ms. Clark: Born and raised, sir. I've lived here my whole life; only I went away, University of South Florida is where I graduated in 2006. Commissioner Sarnoff USF (University of South Florida)? Ms. Clark: USF Bulls, sir. Commissioner Sarnoff Wow. Ms. Clark: Yes, sir. Chair Sanchez: Let me address you because, like you, I see many that are wearing that 1 of 77 [sic] and you all -- Ms. Clark: Yes, sir. Chair Sanchez: -- seem like very bright, talented individuals. Look, once again, no one here in this Commission wants anybody to lose their jobs, okay, certainly not in your profession, which we know that we need police officers. I was a police officer for 12 years. I was a state trooper. But let me tell you something. These are tough times, tough times for everyone, not only government, but everyone. And everyone has had to make sacrifices in this bad economy, and there are people out there that did not have the chance that you may have today, tonight, which is very simple. They were not given an option whether they're going to be able to reduce their salary by 2, 4 percent or lose their jobs. They did not have that choice to make. Their choices were simple. You're fired. You don't have no longer a job. You're blessed to have a job. Anybody who has a job today should be blessed to have a job because ifI were to ask anybody here today do you know anybody who doesn't have a job, I guarantee everybody will raise your hand. So what we're trying to do here is to work out where, yes, everyone's going to have to give a little bit to be able to save someone's job. And you know, somebody's going to have to do it for you because their -- it's going to be in their conscience if somehow they don't agree to come to an agreement to be able to save not only your job -- in this case, we're down to 106 individuals that are going to lose their jobs. So these are tough times. People are going to have to make sacrifices, and they're going to have to adjust. Just like every family out there that sits at dinnertime and has to talk over what do we do tonight? Do we have to cut our entertainment? Do we have to cut our expenses? You know, are our kids going to be able not to go to the movies this weekend because we don't have the money? These are times to make sacrifices, and I hope City ofMiami Page 55 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 that people take that into consideration knowing that their decision today, not ours, 'cause I want you to keep your job here, but those that'll be making the decision today need to realize that they need to make the right decision for you and the Department. And let me tell you why. I see it as officer safety -- if we let go of 106 officers. Because I was a state trooper. My backup was not two minutes away. It was when I was in the city, but it's important to have proper backup out there for officers' safety. So they need to take that into consideration. And let me tell you something, this has not been an easy process. It has been a very hard process for all of us. We've all worked very hard to try to come to balance this budget, but a lot of people here made significant sacrifices. There's people here making 15 percent reduction on their salary, going all the way down to 6 percent. A lot of the unions have already agreed because they know that their coworker may not be around. And let me tell you something, those pink slips, if you're not -- think they're for real, don't let them kid you. If we don't come to an agreement, Sweetheart, you might not have a job. I will do everything I can within my power to make sure you do have a job. Ms. Clark: I agree with you, sir. Sacrifices do have -- you know, they must be made. I made sacrifices. For 19 months, I went through this process. I've taken tests. I've gone through every step. I've been diligent. I've never missed an appointment, and for 19 months, I've gone through this process. I made a sacrifice. I -- we all left careers. We left our jobs to come here, and 1 of 77 [sic], I'm the face of many, and I ask for your support. Chair Sanchez: I understand. And listen, I do apologize for calling you sweetheart. I do apologize for that. Okay, it was out of kindness. Ms. Clark: Yes, sir. Chair Sanchez: All right, next speaker. Thank you. Ms. Clark: Thank you, sir. Chair Sanchez: Oscar Fernandez, Ricardo Fernandez. Are they brothers, family? Rey Figueroa, Fortune -- last name Fortune, Jose Galves, Alva Gardener -- Arva Gardener, Elaine Guerra, Larry something Jr. IfI called your name, please come up and address the Commission. I called your name? Aiesha Fortune: Yes, sir. Chair Sanchez: Yes, ma'am. You're recognized. Ms. Fortune: Good evening, gentlemen. My name is Aiesha Fortune, and I'm a police recruit for the Miami Police Academy, Class 83. I stand here before you representing one of many who will be affected by what happens here today. The decision made here today will affect my life tremendously, but ultimately affect many more. It is important to know that I'm a single mother of three children, have recently purchased a home, and am the sole financial support for myself and my children. Each decision I make ripples down to the welfare of my family and the same applies to decisions made here today. Class 83 contains people who have spouses, children and many different responsibilities. Understandably, decisions must be made; question is, however, at whose expense? I am the face of what the ultimate effect looks like. I am a hardworking mother who, at the end of the day, wants to provide for my family. Many will tell you the hardships they will face, but I can tell you that dreams will be lost as well. So I humbly ask that decisions are made just not the one that will be the expense of the majority of the working people here today. Thank you. Chair Sanchez: Thank you. Next speaker. Applause. City ofMiami Page 56 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Next speaker. Eldys Diaz: Good evening. My name is Eldys Diaz. I'm a police officer with the City, presently assigned to the Patrol Division on the midnight shift in Little Haiti. I'm before you today because my livelihood is being threatened by the current budget proposal. Now you've already heard from a number of my coworkers regarding the impact that this is going to have on their lives. Obviously, I'm not immune to that. I have my beautiful wife, Stephanie, with me. She is terrified right now. I'm not here, however, to appeal to your emotions. I'm here to appeal to your sense of reason and your sense of responsibility to your constituents. The proposal on the table was initially to cut 177 officers. I believe it's down to 106 now. I'm not sure if you're aware, but we only have about 400 officers on patrol citywide. What you're proposing is to cut at least a quarter of the patrol division. Now that's going to have a very real impact not just on the officers who are losing their jobs, but on those citizens out there that are going to be without police protection. Now there are different ways of restaffing patrol. We can either leave those positions vacant and have to staff it with overtime slots, or we can essentially gut our investigative division. Either way, what you're looking at is a citizen in Allapattah who's just been robbed who's going to be standing there waiting for an emergency response or he's going to be waiting for an investigator to follow up on his case. As it stands now, our robbery detectives have caseloads that are in the hundreds. We don't have a situation where we can really afford to cut any of these officers. Now, I understand that it makes perfect fiscal sense to balance the budget this way, but it does not make practical sense to affect your citizens in that manner. The other thing that I'd like to say -- and this is more of a personal note. I've been working in Little Haiti now for a year and a half. I love where I work. It's been incredibly rewarding. I work with a number of the people that you see today with these shirts on. We've been asked to make sacrifices as though we don't regularly make them. I've responded to "shots fired" calls more times than I can imagine or recall, excuse me. We do make those sacrifices, and what we ask for now -- because we aren't asking for anything from you. We ask only that you give us the opportunity to be the heroes that this community needs. We want to be able to serve you. There are those of us who have bled for you before. We will bleed for you again. We will do it gladly. Just secure our positions. Thank you. Chair Sanchez: Thank you. And that was -- Applause. Chair Sanchez: -- Eldys Diaz? Mr. Diaz: Yes. Chair Sanchez: Thank you. Let's -- folks, let's fry to refrain from clapping, please. Thank you. Tom Rebull. Is it Patrice Humbert? Tom Rebull. CarolAbia: Good evening, Commissioners. CarolAbia, interim executive director with the City ofMiami Civilian Investigative Panel. Mr. Rebull is unable -- was unable to stay. However, the option is that we can discuss the Civilian Investigative Panel budget at the time of the -- of our budget item or address his -- what he needed to say to the panel at this time. Chair Sanchez: Why don't you put on the record what he wanted to put, I mean, since we're addressing the budget and also the millage? Ms. Abia: Okay. This is a statement ftom Mr. Rebull. Good afternoon, Commissioners. Whilst I'm here today as chairman of the Civilian Investigative Panel, with offices at 155 South Miami Avenue, I'm also a City ofMiami taxpayer. I have lived in the Shenandoah neighborhood for many years, worked in downtown Miami for even more years. It is with that perspective, a City ofMiami Page 57 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 homeowner, taxpayer, business person, maybe most importantly, a father, that I have the privilege of addressing you regarding the City ofMiami Civilian Investigative Panel. In the evening ofJune 7, 1995, City ofMiami police officers shot Antonio Young and Derrick Wilshire in the back in a spray of 37 bullets. Both young men died. The seven officers at the scene that night said that the pair had smashed a tourist's car window, snatched her purse, led them on a chase and flashed pistols as they jumped over the side of the Interstate 395 overpass downtown. From the overpass, the Miami police officers shot and killed them both. Guns were planted near Young and Wilshire to support the officers' story that the two men had pointed guns at them. Two officers who claimed to have found guns near Young and Wilshire were found guilty by a federal jury for conspiring to obstruct justice. The City ofMiami paid Antonio Young's mother 925,000 to settle the lawsuit she brought against the City because of the incident. The City paid Derrick Wilshire's mother another $925, 000. What do I bring -- why do I bring this up now? There is no question the City ofMiami Police Department had improved significantly since the decade of the '90s and the beginning of this decade. There are many City ofMiami police officers who wake up, play by the rules, work hard and serve the City with honor. It is not these police officers, however, who the City ofMiami Civilian Investigative Panel is concerned about. I brought this one incident up to remind everyone of part -- and I emphasize part -- of the reason that voters overwhelmingly approved the amendment of our City Charter to provide for a civilian body to oversee the City ofMiami Police Department. These are extraordinarily difficult financial times for taxpayers and the City. The Administration's budget proposal reduces the budget of the CIP (Civilian Investigative Panel) by 50 percent, $464, 000. I am not here on behalf of the CIP to complain. I'm here to tell you that some -- tell you of some of what we have done and some of what City stakeholders may expect. Mr. Rebull asked me to pass out some documents outlining some numbers. As they're being passed out, I will continue. The CIP is currently staffed with an acting director, one chief investigator, two investigators, one policy and research analyst, one administrative aide, and one clerk. Also, as required by the City Charter, the CIP has a full-time independent counsel. The budget proposal for 2010 will very likely result in the layoffs of four staff members. Let me show you what the CIP has done over the past few years. The documents distributed to you is a case management comparison for the Civilian Investigative Panel. You will see that the number of cases closed by the Panel have increased every year, this despite the fact that the City has reduced the budget of the CIP each year for all those corresponding years. The second document distributed to you is a table showing the money that the City ofMiami has paid from the year 2005 to approximately August of this year. For incidents arising out of claims of police misconduct, the City has paid out in excess of $4, 700, 000. The graphic distributed to you, the third document, based on the year of the incident, shows how the amount of the payouts have gone down by year, with a spike in the year 2003 due in part to lawsuits arising from the FTAA (Free Trade Area of the Americas). Last, but not least, as also provided by our charter provision, the CIP reviews proposed policy changes of the City ofMiami Police Department and makes recommendations to the Department regarding any policy changes. There are many who view this policy review and recommendation function as just as important, if not more important, than the investigative function of the CIP. The CIP has made numerous recommendations, such as attesting of dashboard cameras in police cruisers. The Miami PD (Police Department) -- that the Miami PD not conduct cavity searches of suspects in the field, and that the practice of hogtying be prohibited. Prevention and correction of police misconduct is first and foremost a moral issue. Chair Sanchez: Thank you. Ms. Abia: And I have two minutes, ifI can donate my two minutes, but this is -- only take less than one. With these facts and figures -- what these facts and figures illustrate is that it is also a serious financial issue for the City, but simply less police misconduct means less money paid by the taxpayers because of this. I was sworn in as one of the initial set of panel members for the CIP in 2003. I've been serving the CIP for longer than my first -grade daughter has been alive. During that time, I have dedicated volunteer panel members who give countless hours of work to this community. I've also seen the CIP staff work very hard to be responsive to the many people City ofMiami Page 58 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 served by the CIP. The City ofMiami is well served by the CIP. Of necessity, it will not be able to do as much with a 50 percent budget reduction. I know, however, that it will continue to do the best it can with what it has been given. Let us not forget why the voters created us in the first place. Thank you. Chair Sanchez: Thank you so much. All right, next speaker. Marielena Alpsager: Good evening. My name is Marielena Alpsager, and I proudly work at the City ofMiami Coral Way NET office. I come here to plead and beg for my job and the NET offices. We serve proudly our communities. We have hundreds of people coming during tax season to file their taxes, free of charges. We go from helping people out with their garbage problems, trash, solid waste, everything. I know it's very hard and I'm praying for everyone. I'm praying from the City Manager to Commissioner Gonzalez, Commissioner Spence -Jones, Diaz, Sarnoff and Commissioner Regalado 'cause I know all of you have a very hard job ahead of you. And I hope and pray that we all can work this out as a joiner. We all need to take sacrifices and compromise so we could all work as a joiner 'cause you know what. This is a beautiful city. We have beautiful City employees, wonderful administration, so we got to come together, feel the spirit and work it out. I pray for you tonight and may you come to the right decision for all the City employees and the residents of the City who deserve good contact when they come to their NET offices, that there's someone there to greet them, to help them. You know, one of the most important things in an organization is their human touch. When we don't have people coming into our offices, where are they going to go? They might call downtown Police, they'll get a phone service. They might go -- call another department, phone. We are the front line, so don't take us away. Help us -- Chair Sanchez: Thank you. Ms. Alpsager: -- help them. Thank you. Chair Sanchez: Thank you. All right, I believe it's Pafrice, Patrick or Pafrice Humbert. All right, Vincent Jackson, Dennis Jacobson. Brandon Linear: That's not me, sir, butl don't think anybody else is coming up so -- Chair Sanchez: Go ahead. Mr. Linear: Okay, thank you. Chair Sanchez: Did you fill one of these out? Mr. Linear: Yes, I did. Chair Sanchez: Okay. Mr. Linear: Ladies and gentlemen of the Commission, thank you for allowing me to speak to you today. We invite you to ride along with the City ofMiami Police Department for one day to experience what a City ofMiami police officer experiences on a daily basis. Ms. Thompson: I'm sorry. Chair, can we get a name? Chair Sanchez: Oh, I'm sorry. Sir, you need to state your name. Mr. Linear: I'm sorry. My name is Brandon Linear. Chair Sanchez: Okay. City ofMiami Page 59 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: Thank you. Veronica Xiques (Assistant City Attorney): I'm sorry, Commissioner. We've lost quorum. Chair Sanchez: I have not left. I'm here, and I will be here until it's all over. All right, we have quorum again. He's on the phone, but he's here. Go ahead. Mr. Linear: Okay. Well, I invite you to ride with us for one day in Allapattah, where officers are too busy going from armed robbery call to armed robbery call to stop and take a bathroom break. This community cannot afford to lose one single officer. We need more officers. Ride with us for one day in Liberty City where we respond to shots fired every single day where someone opened fire on a crowd of over 50 people with an AK-47, shooting nine and taking the lives of two; where a priest can't even preach in church without someone bursting in with guns and robbing everyone inside, taking away their sense of security; a neighborhood where churches are constantly burglarized, where children are being followed to school by sexual predators and no one feels safe. This community cannot afford to lose one single officer. In fact, we need more officers. Ride with us for one day in Overtown where drug addicts swarm the streets like zombies preying on the children and the elderly, leaving their heroine needles on the ground where our children play, a place where there's an average of over 500 arrests every single month and drugs are sold out in the open on the street corner like it's a flea market; more importantly, a neighborhood where the residents are still coping with someone brutally shooting an AK 47 into a crowd of over 300 teenagers and children, shooting 12 of the children, 2 of which lost their lives. This community cannot afford to lose any officers. In fact, we need more officers. This Department is very young and these young officers are making a difference in the community. These are just a few areas directly affected by the Mayor's proposed layoffs. If my brothers, sisters and myself are laid off the City will gravely be affected. This city will be back to the '90s when morale in the Police Department was at an all-time low, tourists were getting robbed and carjacked everyday and there was no respect for the police, a time when fear ran through the streets ofMiami and tourists were boycotting Miami, okay. The citizens and visitors of the City ofMiami don't deserve that. And finally, in closing, Mr. Mayor, who's not here, consider riding with us for one day and then make the decision of cutting officers. The residents, daily commuters, merchants, and visitors of the City ofMiami currently do not feel safe here. Keeping police -- keeping our police officers in our community is a dire necessity. A baseball stadium is a luxury, a baseball stadium that citizens won't even be safe attending. Thank you. Chair Sanchez: Thank you. All right, E. Lawrence, Jeffrey -- is it Jam or James -- Jam? All right. Brandon Linear. Mr. Linear: That was me. Chair Sanchez: All right, Brandon. That was you? Okay, so you spoke. Joseph Longueira. Joseph Longueira: I spoke earlier this morning. My name's Joseph T. Longueira. I'm the president of the City ofMiami Retired Fire and Police Association. There are 1,919 firemen, policemen and widows that are in the pension plan today that are drawing pensions and officers that are in the DROP. There's 231 officers in the DROP. But in those numbers, when you talk about retirees, I want you to think about a couple of things. There's 204 widows. One of our widows, her base pension is $62 a month, okay, so when you talk about her base pension, when you talk about retirees as a whole, you have to remember the little ones and the big ones, so I want you to consider that. Okay, there's 194 officers that are in the retirement system that are there because they were disabled on the job, okay, injured doing the job, serving the citizens of Miami. So these are numbers that I'd like you to think about when you talk about everyone in the pension and everybody's getting big pensions. Everybody's not. Some people are, but some people earned it. Remember, the pension is based on your salary without overtime and the City ofMiami Page 60 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 number of years of service. If you put more years of service in, your pension goes up, okay. So officers worked hard. I worked 32 years with -- for the Police Department to earn my pension. I've got more time at Commission meetings -- and Commissioner Regalado, you've been here longer than any of them -- than any Commissioner on this dais. I started doing this in 1972, and I did it until about 2002. Commissioner Sarnoff You got to conclude. Mr. Longueira: Okay, the only other thing is somewhere in the presentation I heard a raise in the healthcare benefits, the cost to the employees, and I didn't hear whether or not that cost was to the retiree also. So I'd like you, if not now, you may not have that -- Commissioner Sarnoff We'll get an answer to you. Mr. Longueira: -- answer, I'd like to find out that answer. Commissioner Sarnoff We'll get an answer to you. Mr. Longueira: Thank you. Commissioner Sarnoff Thank you. Veronda (phonetic) Mack, Joseph Marin (phonetic), Alex May, everybody start lining up. Doris Melton, Kadiff (phonetic) Miller, Wanda Mitial (phonetic), Brendan Monroe, Mark Munoz, Nunez Fabiano, Charles Ogden, Jose Paz, Joaquin Paals (phonetic), Glenda Perez, R. Petit Fon, Marilyn Reid, Matthew Reyes, Denis Rod. Unidentified Speaker: I'm here. Commissioner Sarnoff Adrianne Rodriguez. Step up, people. Diana [sic] Rodriguez, Jose M. Rodriguez, Steve Rogers. Go ahead. Denis Rod: Good evening, Commissioners and City ofMiami. I'm going to make this very short because basically everything has been touched so I've been erasing as I've been sitting here. And at the same time, I want to be considerate for the other people. I am Denis Rod, 2759 Northwest 6th Street, Miami, Florida. I've been an activist for many, many, many years. And I'm here because strongly I feel that we need the police. Therefore, I truly believe that there are measures that can be considered to make the shortfall of revenues without taking away services for the community. Let me be -- let me give you some of the possibilities. Sacrifices starts at home. I have been informed about car rentals in the Police Department. I believe that we have 36 cars that we rent for the police, some which are even luxury cars are at an average of $800 per month per person. This is a monthly expenditure of $28, 800. Multiply this by 12 and the yearly expenses is $345, 600, and this amount is not counting the CSI (Crime Scene Investigation) cars. You want to layoff police officers when we need them the most. Perhaps, instead of laying off we could have some restructuring. Sacrifices, as an example to our nation's capital, Washington, D.C. has a police force 4,500 officers and they have 8 majors. We, on the other hand, have a police force of 1,208 and we have 12 majors. Perhaps we could look into this. In addition, those people who are not actively working as police officers and still are getting paid as one should be put back to work. Commissioner Sarnoff And in conclusion. Mr. Rod: The conclusion will be very easy since I'm being asked to stop and I still have something -- we support the people not to get laid off in the Police Department. I gave you a few examples. And we definitely don't support getting rid of the NET offices. Before I leave, I want to tell you that because of conflict of interest, I've been asked not to give 700 and such signatures, addresses, and phone numbers from Region 4 -- District 4 of City ofMiami. Instead, I've been asked to give it to Commissioner Regalado, who is our Commissioner at presently, and City ofMiami Page 61 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 he will decide, hopefully, what he needs -- Commissioner Sarnoff Okay, thank you. Mr. Rod: -- to do with these signatures. Commissioner Sarnoff Thank you. Mr. Rod: Thank you very much. Commissioner Sarnoff Peter Rosario -- Mr. Rod: Have a good evening. Commissioner Sarnoff -- Alicia Ruiz, Hermina Salez Jacobson, Richard Sentiesteban (phonetic), Sierra L., Ryan Smith, Alexin (phonetic) Stephens, Travis Tebita (phonetic), Robert Thompson, Francisco Torres, Yanesys (phonetic) Treana (phonetic), Clifford Townsend, Emilio Velenzuela, Alex Valles, Zubirias (phonetic) Gabrielle, CarolAbia, James Pratt, Frederick Brown, Dorothy Fields -- is she here? -- Mario Arana (phonetic), Keitcha Alexander, Lori Anderson, Zulema Dominguez, Arturo Del Castillo, Jorge Rojas, Freddie Mesa, Carlos -- I'm sorry, Carol Gainos (phonetic), Herbert Point Dujour, Carol Blanc, Darlene Jones. Dania Rodriguez: Dania Rodriguez. Commissioner Sarnoff Okay. Anybody else behind her, just stay there. Commissioner Sarnoff Harold Jones, Jacqueline Jones. Dorothy Quintana spoke. Kenya Ravila (phonetic), Kay Turner, Alberta Duncan, Sabine Remonville (phonetic), Mariano Cruz -- I know he's here -- Edland (phonetic) Hernandez, Karen Cartwright, Blake Winger (phonetic), Gilberto Izquierdo, Sue McGibbon. Unidentified Speaker: I'm sorry. I'm giving my time to Mr. Range, Commissioner. Commissioner Sarnoff You're giving your time to Mr. Range? Unidentified Speaker: Yes. Thank you. Commissioner Sarnoff Luis -- Luis, apparently you work in the NET office, and you should have better penmanship. Marie Wims. Chair Sanchez: Luis -- I can't figure it out. Commissioner Sarnoff All right, let's -- I'll let you speak. Go ahead. Ms. Rodriguez: Yes. Hi. My name is Dania Rodriguez. I've been with the City of Miami since 1992. I'm just as exhausted as you guys are. I got up at 4:30 this morning, headed off to work, and I've been here ever since. Tomorrow morning I got to be back at work again. I'm -- I've been sitting here listening to everybody talk their things and, for the most part, a lot of it's falling on deaf ears. I see everybody fighting for their salaries. Now my thing is, we're sitting here and you're asking 15 percent and down to 6 percent off of everybody's salary. We're all supposed to tighten up our belts and everybody's supposed to work together. I want to know as a whole, okay, if Mayor Manny Diaz is reducing his $150, 000 a year salary, okay, 15 percent off the top and is he giving up -- Applause. City ofMiami Page 62 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff All right. Does anybody want to be escorted out? Don't clap. Ms. Rodriguez: He's got that money fixed for life, and he's got life -- he's got his health insurance for his family for the rest of his life. We don't have that benefit, okay. We have to pay for our health insurance. I only make $65, 000 a year. When you take my health insurance, okay, I come out maybe with $50, 000 at the most. Okay, I think that's pretty little for putting my life on the -- for my life on the job since 1992. Okay, and I'd like to know not only Manny Diaz, but all of you guys, are you all willing to give up also 15 percent, okay, and give up part of your benefits in order to work with the City and help the City make it through this? Chair Sanchez: We -- we're a part of that reduction, yes. Each and every one of us is part of that reduction. Commissioner Sarnoff All right. You done? Chair Sanchez: I believe it's what, 6percent? It's 6percent. Ms. Rodriguez: That's my thing. I mean, I hear everybody here, you know, trying to save their jobs and stuff. I say, you know, if it's going to start, it's got to start from the top. Commissioner Sarnoff I think everybody's taking that reduction. Matter of fact, the tiered reduction is for unclassified employees, which I think we're all unclassified. Chair Sanchez: So, yes, we are; 6 percent -- giving up 6 percent to try to save a job. Commissioner Sarnoff All right. Thank you. Ms. Rodriguez: That's all have to say. Commissioner Sarnoff Marie Wins [sic], Daniel Guell (phonetic), Patrick Range. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. (COMMENTS IN SPANISH NOT TRANSLATED). My English is not from (UNINTELLIGIBLE). (COMMENTS IN FRENCH NOT TRANSLATED). What? What you want? (UNINTELLIGIBLE) - Russian too, okay, you know. I have the same head and I speak four language, okay. Well, I'm going to speak English because that's the language of government. I represent --I am vice president ofAllapattah Homeowners Association. (UNINTELLIGIBLE) president today on the wisdom teeth surgery, so she couldn't be here. She couldn't open her mouth. But remember, I'm not going to talk about the Orange Bowl. That's water under the bridge, but remember what (UNINTELLIGIBLE) said. People that don't learn from history, they -- what happen to them? They condemned to repeat the mistakes of the past. So learn from history. Learn from the past. That's what you got to learn. That's what these philosophers bother to think. (UNINTELLIGIBLE) from Socrates or whatever (UNINTELLIGIBLE) Plato, whatever, no. Think of that. I am for the municipal services, that's with police for protection, solid waste -- solid waste especially because I don't pay City taxes or debt service. I got exception, but I pay with -- I don't mind they increase my solid waste fee, okay, but remember that, solid waste, and the NET service. Keep the NET service. NET -- what means NET? Neighborhood Enhancement Team. That's the acronym for NET. We are forgotting [sic] about that. And you know the NET -- my wife the other day she had to go to the MRC (Miami Riverside Center) and she had to pay parking. The City employee don't pay parking fee, but if you go to the NET and you don't have to pay parking fees. How come is that? And then is the City supposed to serve us or serve the employees? Commissioner Sarnoff Mariano. City ofMiami Page 63 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cruz: Okay, no, whatever. Do not cut -- Commissioner Sarnoff In conclusion. Mr. Cruz: -- yeah -- the police because the NET (UNINTELLIGIBLE) -- Commissioner Sarnoff Thank you. Mr. Cruz: -- everybody that does a good service there (UNINTELLIGIBLE), everybody. Commissioner Sarnoff Thank you. Applause. Commissioner Sarnoff All right. Karen Cartwright: Good evening. My name is Karen Cartwright, and I am here on behalf of the Overtown community. I would like to ask a question. Is it possible to have funds diverted from the Southeast Overtown/Park West CRA (Community Redevelopment Agency) to fund the Overtown and the Wynwood/Edgewater NET offices? Chair Sanchez: That's a good question. One would be -- would have to be answered by -- BillAnido (Assistant City Manager): We will have to -- Chair Sanchez: -- CRA attorneys or -- Mr. Anido: -- present that to the -- Chair Sanchez: -- the Administration. Mr. Anido: -- CRA Board and -- Commissioner Sarnoff What, fund -- Commissioner Regalado: The -- ifI may. Chair Sanchez: Fund the NET office. Commissioner Regalado: In the CRA, it's allowed to do that because it is about quality of life. The CRA has paid for police, Karen, and quality of life, clean the blight, this is -- the only restriction is that every cent has to be spent within the CRA boundaries, so Edge -- Ms. Cartwright: Yes. Well, Overtown is in the CRA boundaries. Commissioner Regalado: Overtown, Park West, Omni, but not Edgewater. It's not within the boundaries of the CRA. But earlier today, the CRA executive director got the directive from this board to look for the possibility of funds to hire police officer for the Overtown and Park West and Omni area, which is the Omni and Park West Overtown CRA. So it's a good idea. It's a great idea. It only needs to be worked out within -- Ms. Cartwright: And who do the working out? Commissioner Regalado: Jim Villacorta had the directive of this -- oh, he's there. Well, he's been here. And he has the direction of this Board to study the possibility of hiring police City ofMiami Page 64 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 officers. The NET issue, now you bring it up, but I'm sure that he could do that. He cannot speak right now on the matter because he has to do numbers and all that. Ms. Cartwright: Okay. Commissioner Regalado: But I'm sure that he's going to be working on that. Ms. Cartwright: Okay. I was listening to your presentation about funding Police, Solid Waste, and I didn't hear about Public Works and I didn't hear about the Community Relations Board. I would like to know if it is at all possible for all those services to have funds diverted from wherever we're not using them at the moment? Commissioner Sarnoff Where might that be? Chair Sanchez: If you find the pot of gold, let us know. Commissioner Sarnoff Right. Ms. Cartwright: You all have a pot of gold. Commissioner Sarnoff You're welcome to go in each Commissioner's -- Ms. Cartwright: Thank you. Commissioner Sarnoff -- office and look in the cushions. I don't think you'll find -- Ms. Cartwright: No. Commissioner Sarnoff -- a quarter. Ms. Cartwright: I think I'll go to your house. Marie Wims: Good evening. I'm Marie Wims. I live at 1780 Northwest 5th Avenue, Apartment M, in Overtown. And we need our NET office. We need our service, and we had the Culmer Center and it seem to be done -- being taken away from us. So please let us have the NET office if there any way possible that it can be worked out. Thank you. 'Cause they is good service. There's a lot of senior citizens around there and children and they is good service in Overtown. So y'all just please do whatever you can. Thank you. Commissioner Sarnoff Thank you. All right, we have N. Patrick Range, John Castro. Patrick, you have four minutes, by the way. Yesed (phonetic) Ortiz, Kenneth Rodriguez. Go ahead. Patrick Range: Thank you, Commissioner, Mr. Chair, all members of the Commission. I wish I could say that I was happy to be here before you this evening. It's very difficult for me to stand here knowing that so many have fought for so long to preserve an asset that at one time the City thought was worth nothing. And I'm here, obviously, on behalf of the Virginia Key Beach Park Trust. We understand that the City is zeroing out our budget this evening. We certainly understand the position that each of you are in. We understand the shortfall that you face and the tough decisions that are yours this evening. I can't say that I envy any of your positions. However, I do need to tell you that there has been so much that has gone into the preservation of the historic Virginia Key Beach Park. It is a real asset that has been recognized on the National Register of Historic Places. It is, without question, the only beachfront property that exists in the City ofMiami and likely ever will exist. There have been countless, countless hours that volunteers have gone, taken of their own free time understanding the importance of the preservation of this historic place, understanding the importance of its continuation not only for City ofMiami Page 65 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 this generation but for those that will follow us. Again, thousands of hours of volunteer work, including such dedicated organizations as the Army Corp of Engineer -- I'm sorry, the Americorps, UPS (United Parcel Service), FedEx (Federal Express), Hands On Miami, just to name a few who have come and thought it not robbery to devote their time to this important undertaking. There has been countless dollars that have been spent by taxpayers in this your very city going into the preservation of this asset, countless public dollars to the tune of over 15 million that have been spent on this asset, and still countless more dollars that are waiting to be spent on this asset. And so I won't bore you with any more, butt will say to you that there are some very realistic things that you have to decide this evening. The Trust has a number of things that are in place that are ongoing as we speak that if you zero out our budget, it could very well cost the City money. So if indeed your goal here tonight is to save money, keep money as much as possible in the budget for the City, then I ask you to be prudent in your decision making, understand the consequences of what a zero budget means so that it doesn't mean the City goes into the red for things -- obligations that have been committed to. And these are many; I can go through them, including contracts that we have that are ongoing. Commissioner Sarnoff Patrick, I'm going to give you additional 30 seconds, but you need to conclude. Mr. Range: Okay, I believe I had time from -- Commissioner Sarnoff You did. You had four minutes. Mr. Range: -- several -- I believe I had more than two people that had stepped up. Commissioner Sarnoff Only one. Mr. Range: Okay. Well, I will -- I'll be brief then. We do have ongoing confracts that if not fulfilled will cost the City money. We do have events that have confracts tied to them that if not fulfilled will cost the City money. And our goal -- again, we understand our place here and the concerns that have been expressed and the importance as decided by this Commission. And we suggest to you that give us an opportunity to become self-sufficient. Our goal would be to do that before the end of this fiscal year 2010. Our goal is self-sufficiency. We will not be back to you next year asking for anything, but give us the opportunity to transition into that. This was a complete blindside to us, never mind the folks that will lose their jobs, the staff that will lose their jobs that have nowhere to go. You've heard the police officers get up this evening. Our folks have jobs. This is a complete blindside. We were asked to cut our budget 10 percent;; we presented that. We were asked to cut our budget 15 percent; we presented that. Everything that this Commission has asked of us at any point since our existence, we have done. I don't think there's anyone that can stand here and say otherwise. We do have real people here that will lose their jobs this evening. Commissioner Sarnoff Thank you. Mr. Range: We're asking that you give us the opportunity to transition into self-sufficiency. Don't allow the City to lose more money on a zero budget. Find out what that number is. I can't tell you what that exact dollar amount is, but take the time to understand what that number is so that the City does not lose additional money, never mind the jobs and the people that have nowhere to report. Commissioner Sarnoff Thank you, Patrick. Vice Chair Spence -Jones: Mr. Chairman, I just want to add. One of the reasons I've been running back and forth is -- Patrick -- to try to figure out what makes the most sense to save as much as we have from Virginia Key Beach. One of the things that we're looking at is that they City ofMiami Page 66 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 did have, like we talked about earlier, the rollover amount, monies that they have not spent. And they just opened up recently -- and you were at -- I think -- I believe you were at the grand opening this past year regarding the Trust. They've already started creating events so that they've gener -- starting to generate sources, resources like Bayfront Trust. So I think it was about $180, 000 they gained this year. So -- to my understanding, it's from events, renting the actual park. So I think they're well on their way and I think that after this year, they should be able to sustain themselves, very similar to what Bayfront Trust is doing, but whatever we need to do, you know, to pick up from the park side of it, from the existing side of the budget that they have left over, we need to try to do this. We know that Ha Range -- is what we call her -- was a pioneer in this city. She was a sitting Commissioner, and -- you know, she fought very long and very hard for this beach and the preservation of this beach. I want to make sure that we, as fellow Commissioners, do whatever it takes to at least preserve her name in any way. So I'm just asking that staff and our fellow Commissioners really, really look hard and dig deep to figure out a way to make sure at least we get them through this year, this upcoming fiscal year. Mr. Range: Thank you very much, Commissioner Spence -Jones. We do have -- you know, we do have events that will generate revenue, if we're allowed to even conduct them. Vice Chair Spence -Jones: No problem. Commissioner Sarnoff Commissioner Sanchez. Chair Sanchez: Patrick, I have a question for you. Looking at -- and last night I spent a couple hours looking at the operations out there. You have the carousel going right now and you have the train going right now. Mr. Range: Yes, sir. Chair Sanchez: And operational wise, the parks -- do you run that or is it the Parks Department that runs that? Mr. Range: We have staff that -- Vice Chair Spence -Jones: They run it. Mr. Range: -- runs that. Chair Sanchez: You have staff. Mr. Range: Yes, we do. Chair Sanchez: So it's very important, one, to maintain the door open; second, to maintain the carousel, the train, and the concession, which in the meeting that we had, I mean, we talked about finding ways to improve how much it generates based on the attendance numbers. And I'm sure that there's a couple of things that you could do to try to generate that. But overall, what is it exactly -- what is the minimum that you would require for us to keep you going this year so next year -- and I know that -- I've had an opportunity to meet and you guys are working on trying to get entertainment out there and you got a couple of ideas that could probably be very successful. What are you looking at for that number? Mr. Range: I think bare bones, Commissioner, just to allow us to run the events that we have scheduled -- Chair Sanchez: Right. City ofMiami Page 67 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Range: -- that we have contracted -- we were also hopeful to -- as you all know, the Bicentennial Park will be closing very soon in order to, you know, begin construction for the museums that will go there. There are a number of events that have been scheduled there. We are actively soliciting those events to take place at Virginia Key Beach. You know, so we have a number of things that we are working on in addition to things we already have contracted. Vice Chair Spence -Jones: And what's the number, Patrick? Chair Sanchez: What's the number? You know, Patrick, we're frying to make -- Mr. Range: No, I understand. Chair Sanchez: -- wonders here. Mr. Range: I understand. Chair Sanchez: All right. Mr. Range: I think if we were to have a couple of hundred thousand -- you know, this is not including the fund balance. We understand that hopefully we will be able to retain our fund balance -- Chair Sanchez: Right. Mr. Range: -- but with a couple of hundred thousand, you know, that would at least -- that wouldn't even get us through the year, but that would allow us to put on the events that we have scheduled, continue the contracts that we have ongoing and at least allow, you know, a couple of staff persons to be able to, you know, be there to -- Chair Sanchez: So a couple of hundred -- Mr. Range: -- allow the mini train to run -- Chair Sanchez: -- dollars -- a couple of hundred thousand? Mr. Range: -- the carousel to run. At a minimum. Chair Sanchez: Because let me tell you. This budget, people don't realize it's like going to the groceries with a set amount of dollars. Sometimes you got to put something back from the cart. If you get something from the shelf and you put it in the cart, you're going to have to get something from the cart and put it back on the shelf -- Mr. Range: Absolutely. Chair Sanchez: -- to be able to -- Mr. Range: Our number -- I was just told by our executive director our number was 550. You know, I recognize that that may not be possible. Chair Sanchez: All right. Mr. Range: If we could receive a piece of that, again, that allows us to keep the City from losing money. Chair Sanchez: All right, thank you. City ofMiami Page 68 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Thank you. Officer Fernando Ramirez, Omara (phonetic) Cuello, Nelly Joseph, Orlando De La Valle, Juicy Jean, Lanou (phonetic) -- Natalie Nelanou (phonetic), Diana Frederick. Chair Sanchez: All right, sir. Just state your name and address for the record. John Castro: Officer John Castro, City ofMiami Police Department. I'm 1 of 177, as you can see. I was a teacher for five years before this and was one of the lucky ones to be hired by the City ofMiami, you know, and I wanted to make the change. It's been a lifelong dream. I have a wife at home that's eight months pregnant, our first child, and when I received the letter last month -- last week, actually, I thought it was a slap in the face. You know, we sit up here and we talk about sacrifices. Well, to me a sacrifice is if we're in a $118 million debt, a sacrifice to me would be then stop building the baseball stadium and use some of that funds to save jobs, not continue building it. And what is disheartening to me is $118 million doesn't come from one day to the next. Someone has to be held liable, okay, but yet we find ways to give ourselves a $50, 000 raise. So some -- there's mismanaging of money somewhere, okay, and I know you've been sitting up there and saying 2 percent is only $900, but what's not to say that this year it's 2 percent, next year it's 5 percent; the year after that it's 10 percent;; the year after that it's 12 percent because we're not handling our money very well. I look at it at a standpoint as a future for my family and retirement. At the rate we're going, every year we're going to be giving up something; 2 percent, 5 percent. At that rate I'm going to be retiring with less than what I started with, so something has to be done. Thank you. Commissioner Sarnoff Why don't we do this. Anybody that wants to speak, why don't you just start lining up. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff I really don't get this naming stuff too much. Everybody just line up that's going to speak. There you go. Let's separate the wheat from the chaff. Ms. Thompson: The only thing we need to make sure of -- I'm sorry, Commissioner. Commissioner Sarnoff They state their name on the record, right? Ms. Thompson: No, no, no. I have to have a form from them for the record. Commissioner Sarnoff Okay. Ms. Thompson: So if you signed up -- Commissioner Sarnoff Just state your name. Ms. Thompson: -- we can look you up and then pull it, okay? Commissioner Sarnoff I'll do your work for you. I'm an active participant. Go ahead. Alberta Duncan: Alberta Duncan, City ofMiami police officer, 400 Northwest 2nd Avenue is where I work. I am not one of the younger people. I'm a seasoned officer, 30 years on the force, and I love my job. I've seen mayors, city managers, commissioners, attorneys come and go throughout the City over these 30 years. Sacrifice, the City officers have always sacrificed. We've given up a lot of things over the years. In '96, we gave up everything and we fried to help the City. We -- each year, it seemed like every year the negotiation -- it's time to give up something. We're not saying we are not willing to give up anything, Commissioners. We're City ofMiami Page 69 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 basically saying that we're not giving -- we don't want to give up raises. It's not that Armando is being hardball. Those officers are saying we don't -- we're not giving up anything right now as far as money. We'll give up concessions. We'll do this, we'll do that. And that's why Armando and the president -- vice president have stood so hard and said no, we can't give up anything monetary. We'll give up this, this, and this. And you asked are officers willing to give up a week. I'm one of those officers with four weeks of time. Greatly, I would gladly give up a week. I'll give up two weeks, but that's not what they're asking. We said when we gave up the 6 million, they said we want 10 million. If we're going to give up weekends or vacations, we're willing to do that, but money we need in our pockets too. We're mothers, we're grandmothers. We have obligations that we have to fill also. And what he was saying, basically, mismanagement of money, it wasn't from the unions, not from the union side. And I have fire, police, and civilian. We've given up over the years and it's time for us to get our money here and be able to do what we need to do for our families. The pension that the Board gets after eight years of service, you get a full pension, your insurance. Commissioner Sarnoff In conclusion. Ms. Thompson: Mr. Chair -- Ms. Duncan: I have another -- Commissioner Sarnoff Oh, another one? Ms. Thompson: Ms. Darlene Jones -- Ms. Duncan: Basically -- Ms. Thompson: -- donated her two minutes. Ms. Duncan: -- when I leave with 30 years, I get my pension too, but 8 years on a desk and you get the whole full pension and health insurance, we deserve that too if we have 30 years, 20 years on. And basically, I'm willing to do whatever it takes, but money, we need back in our pockets that we've given up over the years and that's the way I stand and that's the way our board stands, and that's all we asking for. Give us what we -- you've already given it to us in our contract. Give it to us now and we'll give up the other things to make this budget work. Commissioner Sarnoff Thank you. I know who you are. You're that troublemaker. Charlie Cox: Yes. Let me start off by -- I don't normally have to come up here too often to -- Chair Sanchez: Charlie Cox. Mr. Cox: Charlie Cox, Local 1907, 4011 West Flagler Street. -- in situations like this 'cause we've usually worked them out. But there are things on the record -- and I think I have 20 people that asked me to speak -- that were put on the record tonight and prior to that anybody that knows me, yes, I'm hardheaded and have a filthy mouth, but I've always been able to work with the City during any crisis we've had. The Manager's statement that my members voted no because they didn't understand the offer is insulting, and he made that statement tonight. Either he is accusing me of not explaining things accurately to my members or he's calling my members stupid. I invite the Manager to meet with my members and explain directly to them what it is the City wants and let him take the heat thatl took in that meeting. And I have all the backup from everything I've gotten from the City and I'm willing to provide you exactly what my members had. As I stand here today, I realize that have stood before you hundreds of times during the last 20 years. Many of those times, I have stood before you to address important matters. Never has there been a more important time than right now or a more important matter. The City is at City ofMiami Page 70 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 a crossroads. When this meeting ends, we will learn a lot about the City and our Commissioners. I stand before you today not to be angry or talk politics. I rise today to speak about principles and policy. Good government requires consent applications and principles guiding policy decision. The principles I want to talk about today are timeless principles and principles that have guided this city and this nation. They are principles I learned from my parents, principles I learned when I was in the military service of the United States, and principles that have guided me in my dealings with the City. They are also principles that, for the most part, the City has followed and respected throughout the years. Today, however, you're being asked to discard these principles for political reasons and for the sake of expediency. When a person makes an agreement with another person and shakes hands on that agreement, they must abide by that agreement. This is a bedrock principle that was so important to our founding fathers that they placed it in the Constitution of the United States. It is also in the Constitution of the State of Florida. It simply says when government makes a confract with somebody, it is unconstitutional to take legislative action to violate the confract. It is known as the constitution prohibiting against the impairment of contracts. This is a principle that was good enough for our founding fathers, good enough for the state of Florida, and has been good enough for the City ofMiami through many years, but now must be discarded, you're told, for politics and convenience. I urge you to take a stand in favor of the Constitution and principle. Our confract clearly provides that layoffs are prohibited. The confract clearly states the wage rate. The contract was negotiated in good faith over many years. It was presented to this Commission and approved by each and every one of you. We understand that times are different financially than they were previously. The City has explained some of these issues to us. I have met in good faith with the City in an attempt to work out our problems. Some of you may remember in 1996 when the City was on the verge of bankruptcy. The City came to the unions and asked for assistance to save the City. We gave that assistance. We were told what we needed to help, concessions were made, and the City was saved. Now any discussions that we have had with the City have been guided by the City policies and principles -- have not been guided by the City's policies and principle of sound government. We have suggested ways for the City to save millions of dollars without layoffs. We, the union, showed the City it could save money by making certain changes to the pension. We have been -- which has been accepted and adopted and which you now see the City save almost $7 million. Another way is a cash payout for people who are already in the DROP and that plan on leaving shortly anyway. These cash payouts would save significant amounts of money scheduled to be paid for the salaries of some of the higher paid people. We thought we had a deal in this area, but then the City said no. The Manager told us he wanted a deal on the DROP. We met him and made suggestions and good faith concessions. It was demonstrated the City would save millions of dollars and the City walked away. The Mayor has insisted that he does not care where savings come from, except that the savings must come from a reduction in wages. In other words, although we have shown the City where it can save money without these layoffs, the Mayor insists that we must agree to violate our contract. Why? Because principles do not matter to him. The deal he made means nothing. These employees mean nothing. He insists on showing the unions that any deal they make with him in good faith means nothing because he is not a man of principles. We have never been able to find out exactly what it is the City wants from us until very recently. But earlier this week, they wanted $12.9 million to save 86 jobs. Today they threaten us with 200 layoffs if we won't accept their deal. I took the Mayor's suggestion and conducted a sfraw vote of my members earlier this week and they voted 10 to 1 against the deal, which demanded a 7 percent across-the-board wage cut and a suspension of longevity and anniversary increases. Mayor Diaz and Commissioner Sanchez knew that the vote was going to take place, yet they went out before the vote and held a press conference announcing that police officers could avoid payoffs if their unit had agreed to a 4 percent cut in pay. Chair Sanchez: Charlie, what press conference did I hold? Are you aware of a press conference Mr. Cox: No. City ofMiami Page 71 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- that held? I didn't hold a press conference. Mr. Cox: Okay. Chair Sanchez: No, no. Charlie, listen, I have the outmost [sic] respect for you. Although you and I have not agreed on every issue, I think that you represent your people with heart, but you know, I didn't -- that statement is not true. Mr. Cox: Okay. Chair Sanchez: Okay, thank you. Mr. Cox: Why? To make sure that the bloodbath called for weeks ago takes place. Why is the City demanding so much from employees who are some of the lowest paid in the City? Not surprisingly, AFSCME members voted 593 to 52. No, this is not what they think of the Mayor and the City Manager. More importantly, it's a statement of principle by my members. We will work with you, we will assist you, but when the Mayor decides that the only thing must happen is the union confracts must be shredded, it is not keeping with the principles of this country and principles that we believe in as decent human beings. The pay cuts proposed by the Administration reduces employees' wages to what they were making seven years ago. Some of the employees I represent would be making less than the living wage. That is -- is that a legacy you want to leave? This -- it has been said that our contracts are lucrative. The cost of living increase has increased in Miami -Dade County by 22.34 percent over the last five years. Salaries in my bargaining unit have increased by only 15.96 compounded. We receive less than the CIP (Consumer Price Index) every single year. Is that lucrative? My members can hardly keep their heads above water. They are not making hundreds of thousands of dollars in overtime. What happened to all the money that was being (UNINTELLIGIBLE) the City's (UNINTELLIGIBLE) during the massive building boom? I can guarantee you that the general employees did not eat it up. AFSCME members are often referred to as nonessential employees. But make no mistake about it, we, too, are essential to the well-being of the City's residents. We don't go home during hurricanes to be with and protect our families. We stay here protecting the residents of the City. We are the nonessential lifeguards who risk their lives to pull your children out of the pool. We're the nonessential inspectors who make sure that when you ride an elevator to the 50th floor, the elevator makes it to the 50th floor and brings you back down to the lobby safely. We're the inspectors who make certain when you go to basketball games at American Airlines Arena, the escalators don't stop. We're the nonessential communications operators who answer the residents' 911 calls, who break their backs working double and triple shifts because the City won't hire more people. Despite being overworked, overstressed and overwhelmed by the calls, these calm operators are responsible for dispatching officers quickly and accurately when a child is gone missing or has been shot outside a church and for sending firefighters to the right location when someone has had a heart attack and may die if rescue doesn't respond quickly to the right address. They're the calm voices people hear when they are hysterical after being raped or beaten. They're the lifeline for your police officers and firefighters, making sure they don't wander blindly into dangerous situations. We're the nonessential Code enforcement inspectors who make certain that neighborhoods and businesses comply with regulations you have passed and look appropriately and are safe for citizens. These are the people who've gone into some of the worst bars in the City, unarmed, in the early morning hours to conduct Code enforcement inspections. Yet, the City would have you believe that hundreds of us can be fired and it would make no difference in your lives. This is a political statement, not a statement of reality. Who will do this work when we are gone? We're the ones who keep this city going. Since confracts don't mean anything to the Mayor, why doesn't he call up some of his friends with the Marlins baseball stadium and tell them the amount of money that they're getting paid to build $100 million parking garage must be reduced by what they are asking from us. Very easy. Just tell them. That is what he has done with us. We are told that a baseball stadium would City ofMiami Page 72 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 create jobs. It has destroyed jobs. Don't -- they don't tell you that. They didn't tell you that when they would be laying off some 600 employees to create jobs for their friends and campaign donors. It is easy to talk about bad pensions and how much it costs the City. My pension does not cost the City that much now. The market has gone down over the last few years. The market will go up. This should not be a surprise to this City, especially to (UNINTELLIGIBLE) who claims to know something about business. Markets go up and markets go down. There were many years that the City was putting nothing or virtually nothing into our pensions, but nobody wants to talk about that. All they want to do is hear that it's way too much money must be paid by the City. But the Mayor's also walking out here after eight years with a pension of over 80,000 a year for life. He contributed nothing for his pension benefits. I have contributed almost a quarter of a million dollars to my pension over more than 32 years and 9 months of service in this city. AFSCME employees have contributed multimillions. Our employees work hard for this City. They have dedicated many years of service to this community. Their work and their contract deserve respect. They, too, are citizens and voters of the City. Their wives and husbands and children stand to suffer, and for what? So the City can balance its budget on their backs? After everything they have done, there are other ways, honorable, principle, fair and safe ways to save this City without hurting those who don't deserve it. I have told this Administration that believe my members would agree to increase their pension contribution by 3 percent, bringing employees' contributions in my bargaining unit to 13 percent. And that -- the employees in the DROP would forego wage increases scheduled for October 1. This would save City millions of dollars, and there are additional ways, but Mayor would rather lay off essential workers and reduce the level of service in his computers. My community -- my members are here. Can any of you look at their faces, look into the faces of their families and children and tell them they have done everything -- you can save them from the streets. Can you look into the faces of the citizens you represent and tell them that you have done everything possible to keep them safe and give them the quality of life they deserve? The Miami Herald reported the jobless rate in Miami -Dade County is 10.8 percent, but the rate is not the same for everyone. Minorities, blacks and Hispanic, have been hardest hit; 15 percent for blacks and 11.6for Hispanics. Are you going to contribute to this statistic when you don't have to? You will hear today from employees, some are single mothers, some are sick and have sick family members, some are fathers who are struggling to make ends meet as it is. They will tell you what will happen to them and their families if they lose their jobs, their health insurance benefits. Will you open your homes so the children can eat and have a place to sleep at night? We, the members of AFSCME Local 1907, are willing to help the City. I am confident we can do it, but we cannot make things work with an Administration that refuses to listen to compromise, as you've asked us to do. Your elected official have to find the right solutions. It is a layoff -- the way to do it is breaching a contract when it's not necessary. You have a moral obligation to the community and to the employees who have made this city is what is today. Once you have a vision, you can find a way. You can find a way. The only obstacle is this Administration; it's not the unions. Stand up for principles. Stand up for what is right. Now I will close with saying something. I think we've had more movement tonight than we've had in a good two months and I can tell you they can't wear me out. I may be sick and I may be old, butl can work just as hard as they do, day and night, and I've been here trying to make a deal. But can't have a moving target for everything that do. I mean, Larry came up here tonight and that was the first time that we had heard about what he had said. We can come up with other ways. I can take some salary cuts, but not as steep as what they've asked. It's not fair to us. I'm the second lowest when it comes to salaries. Why am I taking a $12.9 million hit? And why does the number keep changing? I have all of the backup in that briefcase. Anybody wants to see it that I'll prove to you what the proposals have been. I don't have to lie. I've never stood before you and lied. Chair Sanchez: All right. Mr. Cox: Thank you. Chair Sanchez: Thank you. Before you leave, Charlie, let me -- City ofMiami Page 73 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: Yes, sir. Applause. Mr. Cox: Don't do that. Don't do that. Don't do that, please. Chair Sanchez: Thank you. [Later...] Chair Sanchez: All right. Any questions for Charlie? Vice Chair Spence -Jones: Do you guys have any comments? Okay, I do have -- I definitely have -- you know I have comments for you, Charlie. You know, Charlie, we have -- you know how much I support City employees. Mr. Cox: I know that. Vice Chair Spence -Jones: You know, as a former City employee, you know, I'll go out my way 'cause I understand that the City employees are the heartbeats -- heartbeat of the City. And I think that some of the things that I tried to suggest, hopefully, they're being incorporated, everything from the DROP incentives, finally, after tonight we finally see them, so at least that's coming along. You know this four -day workweek situation, hopefully, that's now being included in here -- Mr. Cox: It is. Vice Chair Spence -Jones: -- so that we could reduce the cost -- Mr. Cox: I got that today. Vice Chair Spence -Jones: -- you know, of having these buildings open and operating and us spending money on electricity and everything else and employees having to pay gas going back and forth for five days instead of four so at least we're making some headway. And not only that, that gives -- to me, that boosts, you know, employees' morale so at least they have an extra day at home or with their families to do other things. Even down to telling City staffers that they need to cut special events -- and you know how much I like to do events and things in my neighborhoods -- or in my district, but when it comes to people, I put them first. So with all of that being put out of the budget, all of the special projects -- and we all have special projects that we sit up here and represent. Most of them are already cut out of the budget. So you know already that at least from a D5 (District 5) perspective, I'm doing whatever it takes to support you and the City employees. Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: I just want to be clear on -- and I just got a copy of it again. I don't know if you got a copy of the Mayor's speech, but you should -- Mr. Cox: Yes, I did. I listened to it. Vice Chair Spence -Jones: No. Do you have a copy of it? Mr. Cox: No, ma'am. Vice Chair Spence -Jones: Okay. I think you should get a copy. I just wanted to be clear on -- City ofMiami Page 74 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 when he spoke earlier, he talked about option one and option two, right? Option one said it saved 125 jobs. Option two said it saved 210 jobs. Were you aware of all of these amounts in the --? Mr. Cox: You know what -- Vice Chair Spence -Jones: Are you in agreement with --? Mr. Cox: -- I had no idea -- you know what. Everybody got upset because I put a cemetery out front. I asked for the names of the people being laid off. That was 87 names. Vice Chair Spence -Jones: Yes. Mr. Cox: I have all of that stuff still. Vice Chair Spence -Jones: Yes. Mr. Cox: And that was the list I got from them. Now yesterday I heard about 200. Vice Chair Spence -Jones: Okay. Mr. Cox: I don't know where the numbers keep changing and where they keep coming up from. Vice Chair Spence -Jones: Can I just say this? Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: Charlie -- and again, I'm not going to stand up to talk to you because you get where I'm coming from. Thank God FOP and the Manager set aside their boxing gloves for a minute to try to work through the issues. They're not there all the way; they're halfway there, which to me is a blessing, which means more officers we're going to be able to have or at least keep on the street, so I feel good about them at least coming to a compromise. Nobody compromises better than you, Charlie, and you've already bent over backwards trying to help the City and doing whatever it takes to take care of your employees. I just want to make sure you understand what was being presented today 'cause some of this was the first time I saw it as well. Can I just ask that you at least look at the options that were presented tonight? And Mr. Manager, I know you -- you look a little tired and a little exhausted, but -- and I hate to keep sending you upstairs, but whatever it takes -- because this section -- the second option allowed for us, as a part of it, to save our NETs, and we know how important it is to save our NETs -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- okay. And I don't want to see any of the NET offices go away. I know how essential it is in my district, and I know how essential it is in other districts as well. And I'm just asking -- this second option allows for us to at least keep the NETs, keep some of the Code enforcement officers, just additional people that we could work through. Mr. Cox: I don't want to lose one body. Vice Chair Spence -Jones: I understand that. I know that, but you know, unfortunately, I can't sit and negotiate with you -- Mr. Cox: I know. Vice Chair Spence -Jones: -- 'cause I would love to do that 'cause I think we could come up with City ofMiami Page 75 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 something that everybody -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- would be happy with. But again, that's a violation. I can't do that. Is there any way that you could at least look at these options once again -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- because I would hate to see us take a vote tonight, which is kind of the direction that we're going in, to take a fatal vote tonight and then tomorrow morning people wake up not having jobs or knowing that they're going to be laid off. To me, we have to look beyond our -- I'm not talking about you, per se -- own personal agendas and think about these families. That's all I'm asking. If there's any way -- if Police could sit down -- and you know they were the last ones to come to the table, right, Charlie? You know they were, right? Mr. Cox: I don't talk about any other unions. Vice Chair Spence -Jones: Yeah, but I'm saying -- but they -- Mr. Cox: Yes. Vice Chair Spence -Jones: -- admit it. They don't have a problem with it. Mr. Cox: Okay. Vice Chair Spence -Jones: But they -- Mr. Cox: I haven't ever had a problem talking with them -- Vice Chair Spence -Jones: Right. Mr. Cox: -- and meeting with them. Vice Chair Spence -Jones: And Charlie, you know I'm a huge supporter, so you don't -- I'm just simply trying to find a solution. That's what it's about -- Mr. Cox: That's fine. Vice Chair Spence -Jones: -- finding a solution so those people -- you see these people with these green shirts on? Mr. Cox: You think I don't want a solution for every one of them? Vice Chair Spence -Jones: Right, exactly, and I know you do. You know, I got to look -- I'm look -- all of us are looking dead in these people's faces. Believe me, we're affected by it. I know I'm affected by it in a big way. You see me keep running back and forth? I'm not running back and forth for my health. I'm running back and forth to see what we could save 'cause it's real to me, you know, so all I'm asking, you know, is that we could set aside for a moment -- and Mr. Manager, Larry, Charlie, can you guys please come back to the table one more time to -- we got time. We're here, but these people, when they leave, I know that they want to feel a little bit confident in waking up tomorrow morning that they're a lot closer than what they were today. And I don't know -- Mr. Cox: Yes. City ofMiami Page 76 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: -- if the City employees agree with that, but I know they don't want to leave here tonight not at least feeling better. Applause. Vice Chair Spence -Jones: That's it. So Mr. Manager, you got on that beautiful green tie today. It's nice and green, so you know, is there any way, Mr. Charlie Cox, that you guys can just take a few minutes? All right. Mr. Cox: I have no problems -- Vice Chair Spence -Jones: And thank you so much, Charlie. Mr. Cox: -- with that. I've been taking more than minutes, Michelle. Vice Chair Spence -Jones: I know, but I'm just saying for -- Mr. Hernandez: Commissioner, ifI may. Before he walks out of here tonight, he'll have a proposal that we have both agreed to. Vice Chair Spence -Jones: Wonderful. Mr. Hernandez: Okay. Vice Chair Spence -Jones: Can you guys go get started now so we don't have to be here 'til 5 o'clock in the morning? Chair Sanchez: Charlie. Mr. Hernandez: We've been working on this continuously. Vice Chair Spence -Jones: Huh? Mr. Cox: He told me to come on. Vice Chair Spence -Jones: And I got to correct you on this, Charlie, 'cause you know I got to correct you when you say something that's not exactly right. And everybody's been doing it and I just kind of let it pass. You know, we keep bringing up the Marlins Stadium as an issue, and the reality is that we never used Marlins dollars -- Mr. Cox: I know that. Vice Chair Spence -Jones: Okay, but it sends the -- Mr. Cox: But it is bond money that the taxpayers have to repay. Vice Chair Spence -Jones: But -- yeah, but it is bond money, but the way that it's been stated -- and I just let it pass, but after a while when I heard it from you -- Mr. Cox: That's fine. Vice Chair Spence -Jones: -- because I know you know better that this money did not come from that. City ofMiami Page 77 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: Okay, it's totally different money. Mr. Cox: But it -- Vice Chair Spence -Jones: It's not us taking money from City employees and I don't want to continue with that kind of propaganda, and it's wrong. Mr. Cox: Okay, but it is real money -- Vice Chair Spence -Jones: It's real money, but it's not -- Mr. Cox: -- that they're taking from everyone. It is, Michelle. Vice Chair Spence -Jones: -- real money coming from the general fund -- Mr. Cox: I understand. Vice Chair Spence -Jones: -- or anything like that that's going to affect these people in any way from their jobs presently today. Mr. Cox: I under -- Vice Chair Spence -Jones: And I just don't want them to leave that with that impression. Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: Okay, so that's all I had to say. I'm sorry, Mr. Chairman. Chair Sanchez: No. That's all right. Vice Chair Spence -Jones: And -- Chair Sanchez: Charlie. Mr. Cox: Yes, sir. Chair Sanchez: I'm going to ask you a favor. First of all, let's not politicize this. This is an issue that we're going to have to work out. Look, I've been told by the City Manager that you have acted in very good faith. You were hurt when this agreement could not be worked out where you would have saved possibly those 80-something people. You want to save jobs. You don't want anybody to lose their jobs. You represent -- Mr. Cox: I have never lost an employee's job in 20 years. Chair Sanchez: And therefore -- and you stand for what I believe is right, okay, but it's all said and done that, you know, we're going to have to make sacrifices here. You're going to have to negotiate and try to do what you can to save the people that are working. Nobody wants to lose their jobs. And I know you don't want it on your conscience and the Administration doesn't want it on their conscience. We certainly don't want it on our conscience -- to come to an agreement where however it could be so at the end of the night, we're making progress here so we don't have to lay off anybody in the City. But listen, there are no magical solutions here, my friend. We're going to have to work together. City ofMiami Page 78 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: But will tell you that it's not fair for these people to go back to what they were making seven years ago with what food costs today or milk costs today, and yes, I believe -- but it can't be balanced on my back. It can't be balanced on their backs. Chair Sanchez: Well, but it's -- I'm not asking you -- for the Administration -- 'cause I don't negotiate, but I'm not asking to balance it on anybody's back. I'm just saying that it's got to be spread where -- Mr. Cox: I understand. Chair Sanchez: -- you know, we -- Mr. Cox: I hope -- Chair Sanchez: -- could come together and say, listen, even through these tough economic crisis that we're facing, at least we made it a point where nobody lost their jobs. Because as I stated earlier today, listen, we're blessed to have a job in the City. We're blessed to have a good job. You know, people in the private sector don't have that option where you go either you can make some sacrifices, cut here, reduce your salary. That doesn't happen in the private sector. The private sector, you're fired. You lose your job. So what I'm asking here is I think that everybody's working towards is possibly coming to a compromise where we can accept where we save all the positions. And I know you want to do that, Charlie. Deep down inside you want to do that. You want to leave here with a perfect record of never losing an employee. Mr. Cox: I don't care about my record. What care about is everybody sitting here. Chair Sanchez: Good, all right. Well, I'm glad to hear it. Mr. Cox: But will tell you, you've corrected -- Applause. Mr. Cox: Stop, please. -- everything that said, correct -- Chair Sanchez: Yes. Mr. Cox: -- okay, that was wrong. I will tell you that can't go back to my members and ask them to balance the budget -- Chair Sanchez: All right. Mr. Cox: -- when we're the second lowest (UNINTELLIGIBLE). They've got to come up from that number they're asking from me -- Chair Sanchez: Okay. Mr. Cox: -- to make it fair. That's all I ask. It is not fair for these people that are second lowest paid to balance it on their back. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right, Charlie. City ofMiami Page 79 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: That's all I'm asking. Vice Chair Spence -Jones: But, again -- I'm glad, Mr. Chairman, you add -- what I don't want -- I don't want the tension to happen in the room that we just stop talking. So -- Mr. Cox: We're not. Vice Chair Spence -Jones: -- I'm not -- I'm just -- Mr. Cox: We're not. Vice Chair Spence -Jones: -- so, Charlie, Mr. Manager, can you guys figure out a way to go work it out? We don't want to see anybody losing -- as many people not lose their jobs as possible. Unidentified Speaker: Zero. Vice Chair Spence -Jones: Zero, okay, so let's reach for that. Commissioner Sarnoff All right, next. Just state your name. Keitcha Alexander: Keitcha -- Officer Keitcha Alexander, City ofMiami Police. I know this might be redundant, butt want a face to go along with one of the numbers. I left the Education field as a sixth -grade science teacher to become a police officer, a strong belief that I could make a difference in someone's life just as I did in teaching. This job fulfills everything that I was looking for in a career. Everyday there's something new. New crimes and new faces with problems to solve that look for me for -- look to me for a solution. Today I'm the citizen in distress with problems that needs a solution. Believing that I could dedicate 20-plus years of service to the City ofMiami, I purchased a new home and a mortgage has to be paid. I have a mother that provided for me throughout my life thus far and it's time for me to take care of her. On Wednesday, September 16, I received my formal notice of termination dated for October 1. What I don't understand is how you can expect us to continue and perform, to protect the streets ofMiami knowing and constantly thinking that we might not have a job next week. When we were hired, the nation's economy was already in a state of peril and crime was high. Yet and still, we were promised a job. And in turn, we accepted that responsibility that came along with the job to deter crime. I'm still confused on how just six months later this agreement and promise is already being broken. I hope that everyone can come up with a solution tonight because everyday I go to work it's constantly on my mind. Yet and still, I have to fight crime and be on my P's and Q's because every single day I run the risk of being killed in the line of duty. Thank you. Commissioner Sarnoff Thank you. Vice Chair Spence -Jones: You're welcome. Commissioner Sarnoff Next. Leo Tapanes: Good evening. My name is Leo Tapanes, City ofMiami Police Department. I'm currently assigned to the Homicide Unit. I've been with the City Police Department since '96. I've been in Homicide for the last five years. A lot of the -- a lot of my brother and sister officers have come up here and they've spoken to you directly of the effect that your decisions of laying them off would have on their -- the impact that it would have on their family. I'd like to speak to you about other impacts, longer range impacts that you would have -- that those decisions would have on my ability personally as an investigator and then the service that we would be able to provide the City ofMiami Police Department -- the City ofMiami residents. Our investigations City ofMiami Page 80 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 begin at the patrol level. The initial responding officers are the ones that locked on that scene, that identify our witnesses, that possibly -- that set up our perimeters, that try and get our offenders into custody immediately. How many offenders are we going to lose because we don't have the officers? Mind you, let's not even talk about the officer safety issue or the response time issue for regular calls because the shots fired call, the shot -- the people shot call up at 15th Avenue and 70 Street, that's -- I was on that case where two were dead. It was pure mayhem. I also responded to the call in Overtown recently where 12 people shot and 2 dead. I also responded to that one. And you know what, it was patrol that went out there and locked down that scene so we can go in there and do our job safely and begin to conduct the investigation and conduct our interviews, okay. If we don't have the officers out there to do that, we're shortchanging the citizens. Now me personally, I don't want to have to sit in front of a family who just lost a family member to violence, whether it be a son, daughter, father, brother, whatever, and have to explain to them, hey, listen, I'm sorry. I wish I could do more for you, but you know what, the baseball stadium was more important. Thank you. Vice Chair Spence -Jones: Now, see, now we just had this discussion. We just had this -- You couldn't have been listening. But what you -- in both of those places, mind you, if anybody's sensitive to it, it's -- I am because it's my district. Mr. Tapanes: I understand that. Vice Chair Spence -Jones: So -- and guess what? I'm sure you know when those incidents took place, where was Spence Jones? Out there working with those families, so -- Tapanes: I understand, ma'am, and I appreciate that. Vice Chair Spence -Jones: -- nobody can be even more sensitive to what needs to happen from an officer standpoint, but -- Tapanes: There is an old -- ma'am, I don't mean to cut you off. Vice Chair Spence -Jones: No, no. I just -- what -- and I'm not disagreeing with you. I know how -- I support the officers. That -- but we just talked about the fact that these dollars did not come from baseball, from the general fund budget for baseball. You got to -- and I thought that - Mr. Tapanes: Okay. Vice Chair Spence -Jones: So I want to make sure we stop saying that. Mr. Tapanes: Ma'am, then -- mind you, I was a police officer three years prior to coming to the City ofMiami Police Department. When I was with the state, there was an old major with Department of Transportation that taught me something a long time ago which has stuck with me. Vice Chair Spence -Jones: Yes. Mr. Tapanes: Perception is the editor offact. Vice Chair Spence -Jones: I understand that, but that's not -- but it's not the truth. Mr. Tapanes: But the perception here -- Vice Chair Spence -Jones: I'm listening. City ofMiami Page 81 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Tapanes: -- the perception with the City ofMiami Police Department, with many people and with many residents 'cause it's been expressed to me personally, is that the City and certain individuals in the City, their priorities aren't straight. Vice Chair Spence -Jones: Right. And what I'm saying to you -- what's your -- Detective? Mr. Tapanes: Yes, ma'am. Vice Chair Spence -Jones: I've seen you a couple of times, I think, in my district. Mr. Tapanes: Wouldn't doubt it. Vice Chair Spence -Jones: Let me say this. First of all, I'm not going to disagree with you or agree with you on it one way or the other. The only thing that I'm saying to you is the reason why the perception is there is because when comments like this have been made, nobody has really corrected it, and that's why -- it's been said like all night, and then that's why when Charlie mentioned it again, I had to correct it 'cause that's not what's happening with the money from that perspective. That's all. Because on one end -- let me just say this. On one end, that same baseball stadium that you're talking about, that everyone keeps talking about, we're talking about 3,000 additional jobs that would be here to build that stadium, which are not coming from the City's general fund. So I just want -- I just -- not to say that the jobs that you're speaking about are not important. They are. They're extremely important. That's why we're up here fighting for it. Okay, but I just want to -- you know -- like you said, perception is the reality. Well, if you don't put the fruth out, it will become a reality. Mr. Tapanes: Okay. Then why -- Vice Chair Spence -Jones: So that's my only comment. Mr. Tapanes: -- not dive into some of the reserves? If you're not going to touch reserves, why have them? Vice Chair Spence -Jones: Okay. Thank you so much, sir. Mr. Tapanes: Thank you, ma'am. Applause. Vice Chair Spence -Jones: Enid. Enid Pinkney: Yes, thank you. You know -- my name, Enid Pinkney, and I'm vice chair of the Virginia Key Beach Park Trust. And I hear you, Commissioner, but you know, you're saying that really isn't going to be effective because people have -- that's what they see, you know, so -- but I'm going to -- I wrote down what I was going to say so I don't get all off court. But I also have some letters for you that I'd like to pass on. Virginia Key Beach is a top priority to many of us who lived through the days of segregation -- and I'm one -- and Jim Crow and had no place to swim. I was born at 1827 Northwest 5th Court, in Miami, Florida, in Overtown. If we wanted to swim, we had to go to Broward County. And then Broward County got tired of us coming up there and said let Dade County provide swimming facilities for you. Again, we were rejected. The people who had the courage to stage a wade -in at Haulover Beach feared for their lives, but they were people of courage and stood up for the civil -- for their civil rights. Clement (UNINTELLIGIBLE) said any black person who is not paranoid is not in touch with his reality. You learn to live with and survive rejection. The budget of Virginia Key Beach is another rejection that is felt strongly by the black community, of course, and the white community also. The zero budget, as it now stands, sends the wrong message to the community about your City ofMiami Page 82 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 priorities to the community. You have worked too hard to give a positive message about this jewel of the city to have it marred by the lack of financial support now. It is difficult for some of us to understand how $8 million can be spent on art in the Marlins Stadium in addition to all the other monies that's being spent -- and I heard what you said, Commissioner, but I'm telling you it's out there and you're going to continue to hear it. You can't stop it. So this is -- this beach, of course, is a part of our heritage and it smacks of disrespect to the heritage of this community in which many of us give so much of our time, finance and talents to improve. This was a most insensitive move to make while the community sees monies spent on other projects. Your tenure in office will be a part of our history. What legacy do you want to leave for your opportunity to serve and give leadership to this community? The restoration of Virginia Key Beach has brought the community, both black and white, together for a common cause. The efforts have brought the beach back to the public use for which all should be proud. The zero budget makes the community feel that the beach is not your priority. This is a sad reflection on the efforts that have been given to restore the beach. Let history not say that the Virginia Key Beach rated so low on your priority that you voted for a zero budget for it. Please do not hold Virginia Key Beach Park hostage to the fiscal crisis that you are now dealing with. I have faith in you that you will do the right thing and respect the heritage of our community and restore its budget to a satisfactory operational state. Thank you so much. Vice Chair Spence -Jones: Thank you, Ms. Pinkney. I believe the Chairman has asked -- I see that State Representative Bush is here. We wanted to at least make sure he makes his statements and put it on -- puts it on the record. I believe also the Chairman has asked for us to take a 30-minute recess. That's what he's asked me to do, so after this, we'll take a 30-minute recess. Hopefully, we'll come back with some solid information regarding the overall budget. But State Representative, it's a pleasure to have you here tonight -- James Bush: Thank you -- Vice Chair Spence -Jones: -- to address the Board. Mr. Bush: -- Madam Chair, and to the Commissioner and to the Mayor, in his absence. Let me just say that I'm State Representative James Bush, III. My district pretty much overlaps Commissioner Spence -Jones and the Overtown area and a portion ofAllapattah and a portion of Wynwood. I'm here tonight -- this is my fourth year being -- I'm here tonight because citizens of my district in the City ofMiami asked me to come to speak on their behalf. Now I'm not going to take a lot of time to talk about how important it is not to fire our police officers. We need every one of them. We need every citizen and citizen of the City ofMiami and workers of the City of Miami to maintain their jobs. It's very important. So I'm here tonight to just somewhat ask the Commission if you can just go back into whatever budgets that you have -- and I'm not saying of your reserve -- whatever dollars that you may have and look very closely so that we can fund these programs so that we can give the citizens of this great City ofMiami an opportunity to live and provide the basic necessities for their family. And particularly, I had a couple of the entities or organizations that asked me to speak, which is Liberty City Trust, the Curly [sic] House, who feeds thousands of families. We also want to look at these NET centers who -- this is the only place that senior citizens can go and get help and voice their concerns, especially Ms. Pinkney who just mentioned about the Virginia Key -- the restoration of the Virginia Key Beach, which will not only bring cultural tourism but environmental tourism. And last, I just want to say to this Commission, you have a golden opportunity tonight to say to the citizens of this great city that you really are concerned about them and their families. So tonight, I ask you to find whatever budget, whether it's a reserve to go back and look again and let's provide an opportunity. But I have never, out of all the years, 25 years in this community, seen it as bad as it is. People are ready to give up, and I think it's an indictment on this county, this city, this state for us to be in a condition that we're in. So, Commissioners, I know you're going to do the right thing. Let's restore the jobs. Let's restore the dollars so we can make sure our families feel good about themselves. Thank you very much for this opportunity. City ofMiami Page 83 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay, thank you so much. We're going to take a 30-minute recess and we'll be returning back at 10:30. Thank you. [Later... ] Chair Sanchez: All right. City Commission meeting -- ladies and gentlemen, the City Commission meeting, the budget hearing is back in order after a short recess. We're going to go ahead and continue with the public hearing. Let's start with Mary Brown. Mary Brown. Mary Brown: Yes. Lillian Slater: You done missed my name here. Ms. M. Brown: I'll let her go before me. Chair Sanchez: Dabrina (phonetic) S. Rios, Michelle Browwell (phonetic), Lillian Daniel, Michelle Gross, Regina Jones, Natasha Bordes (phonetic), Charles Dawkins. All right, those names that called. Ms. M. Brown: Okay, Lillian Slater, she would like to say something -- Chair Sanchez: Yes. Ms. M. Brown: -- and I'm going to let her go before me. Chair Sanchez: Okay. Ms. Slater: Good afternoon -- Chair Sanchez: Good afternoon. Ms. Slater: -- Commissioners. Chair Sanchez: State your name and address for the record. Ms. Slater: Lillian Slater, 1640 Northwest 4th Avenue, Apartment IOC, Overtown. Okay, I thank God for all of you. For many years -- so we had this police officer for many years and I want you all to keep them because you know that when Miami was built, we had the first black officer, long years ago. I guess you all know who he is. Commissioner Regalado, you know. For many years -- so we need all the police officer 'cause you know Overtown on 3rdAvenue, you know what's going on over there as usually [sic]. And where I live back in the Culmer Center, plenty of things goes on back there, so I want you to make sure you get some officer over there 'cause I don't see nobody. But want you to find one to stay in that area over there because we have Town Park Village, the south and the north. We have that pool there. We want you to keep the pool there and keep the kids out of the streets and everything. And I want the NET office -- don't let me forget that. You hear me, Commissioner Regalado and -- don't -- you hear me though, don't you? You hear. And the City Manager over there, where is he? Did you hear it? All right, don't you thinkl won't be back. Chair Sanchez: Thank you. Ms. Slater: Thank you. Chair Sanchez: Thank you. City ofMiami Page 84 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Applause. Ms. M. Brown: My name is Mary Brown and my address is 580 Northwest 134th Street. And Mr. Chairman, I have 20 minutes, so how many minutes you want to give me? Chair Sanchez: You don't have 20 minutes, that guarantee you. Ms. M. Brown: So how many are you going to give me? Chair Sanchez: You're going to have two minutes. Ms. M. Brown: Oh, two minutes. Chair Sanchez: I think you could say what you want to say in two minutes. Ms. M. Brown: I'll try to. Chair Sanchez: Thank you. Ms. M. Brown: Well, I consider myself -- well, Charlie said I'm a nonessential employee, but I've been with the City ofMiami -- Chair Sanchez: Everybody's an essential employee in the City. Ms. M. Brown: Right, thank you -- for 27 years. As a matter of fact, I came from the federal government to work for the City back. I came during the bad time when after the riots and they were looking for professional people for the City ofMiami, and I was working in the federal system and I came down here. And I love Miami, and this is my second time before the Commissioners because back in 2002, November, you all gave me a proclamation for the Outstanding Employee of the Year for the Greenberg Hero Award Foundation that won on behalf of the City and I received a proclamation from the Commissioner. And one of the reasons that decided to come forward to speak is because I represent the employees at the Miami Police Department, the civilian employees. I started with the City back in 1983 and '96 was the worst of time. Like he talk about the tales of two city, well, Miami was then the tale of two cities, the worst of time in '96. Because I was working in an area -- and at that time when they had the massive buyout in '95, we had a shortage of employees, especially civilian employees. And one section of the Police Department which is essential called the criminal -- the CIS, which is the information where you do teletype, where you send out information to different agencies. We had one employee that was assigned there for three shifts, one permanent employee because everybody left and retired. And as of now, I held the record of working three shifts in 24 hours, and the reason why I decided to work three shifts in 24 hours so that the City ofMiami Police Department will not lose its certification from the Florida Department of Law Enforcement because that particular area supposed to have been staffed 24/7 with at least three employees per shift, part of the agreement that we have with the Department of Law Enforcement when you run a teletype center and the information that you provide to the officers on the street are very, very important because it means life or death. It means officer safety. And one thing I can say about the Miami Police Department, the civilians and the police officer, we are a family. We have each other back because we have been working together for so long and we tried working in communication or any type of area that you're dealing with police safety is very, very crucial. Chair Sanchez: In closing. Ms. M. Brown: In closing, I hope that you don't consider civilian employees as well as police officers nonessential because we are the backbone of the City. And please, when you look at my City ofMiami Page 85 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 face and look at all the other AFSCME employees, a large number of these women are single parents and they have to provide for their family, and if you lay them off what can they do? Chair Sanchez: Thank you, ma'am. All right, next speaker. IfI called your name, please come up. Dana Carr: Okay, good night, everyone. My name is Sergeant Dana Carr. I'm with the City of Miami Police Department, 400 Northwest 2nd Avenue. And I just wanted to give you a little food for thought because I don't know if -- when the decision was made to lay off 106 officers to 177. I even heard as high as 191 -- that you are aware -- I don't know when the decision was made to lay off up to 106 to 191 officers that you were aware that we have over 200 officers who are eligible to retire, just through the attrition process that can walk out the door any day. Chair Sanchez: But they won't. Ms. Carr: So if you're cutting those officers who are our future -- and we're about to have some changes in the Police Department very soon and with changes sometimes those officers who are eligible to walk out the door sometimes do -- you could be looking at not just 106 or 191, it could easily be 291. So -- and that will cripple a police department because most of those people are coming from patrol. So that is very much something you might want to keep in mind because it's not just that little number that you feel is expendable. There are -- they're the future of the department. Chair Sanchez: Is it 300 or 500 that are on DROP? What's the number that they're participating in DROP right now in the Police Department? Ms. Carr: You say -- Vice Chair Spence -Jones: How many officers? Chair Sanchez: How many officers are in the DROP program? Unidentified Speaker: A hundred and sixty-seven. Ms. Carr: A hundred and sixty-seven. Chair Sanchez: A hundred and sixty-seven? I thought it was more. Ms. Carr: But that's just the DROP. We're talking about ones who sometimes -- Vice Chair Spence -Jones: That are retiring. Ms. Carr: -- don't even want to do the DROP at all that could walk out the door. Chair Sanchez: What's that number? About -- Ms. Carr: I know from the patrol numbers, it's over 200. Just look at the seniority staffing. There's over 200 that can leave. So -- Chair Sanchez: All right. Ms. Carr: -- that's just something to keep in mind when you have -- you're cutting our future. And we just can't pull police officers out of our pockets because, obviously, you know, we extended the DROP -- because we were in a shortage -- to seven years and, you know, to stop the bleeding. And our contract was like our stimulus package because we couldn't hire -- we had a problem with hiring people because we have a lot of crime and our pay wasn't the greatest, so I City ofMiami Page 86 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 would go work for Hollywood Police Department too and less crime to deal with and more pay. So remember, we can't replace these guys just like that. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Very good point. Ms. Carr: Okay. And I just wanted -- two questions before I leave. Because I was a little unclear about the stadium monies to come from -- I know it's not coming from the general budget, but is it coming from tourist taxes? Chair Sanchez: Yes. Vice Chair Spence -Jones: And I'm going to let the district Commissioner respond to that. Ms. Carr: Okay, and theoretically, could those tourist taxes be used to cover any deficits in the general budget? Chair Sanchez: No, ma'am. It's -- Vice Chair Spence -Jones: It could only be used -- Chair Sanchez: Ma'am -- Vice Chair Spence -Jones: -- for infrastructure. Chair Sanchez: -- there's been a lot of misinformation on that. The money was -- Ms. Carr: That's why I wanted to clear -- Chair Sanchez: -- approved by the voters that could -- with restrictions to be used and it could only be used for convention centers, for sporting facilities and for tourists. It cannot be used for police. It cannot be used for education. It cannot be used for social services. I think we made that very, very clear. Ms. Carr: Okay. Well, maybe I was stuck outside, all the way outside. Vice Chair Spence -Jones: It's okay. You have a right to ask. Ms. Carr: Okay, and I just would -- once again, I would like to close and just remember we can't replace our future just like that and we do have a high number -- Chair Sanchez: That's a good point. Ms. Carr: -- that's eligible to retire. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Good point. Chair Sanchez: Okay, I called out some names. Please come up. Nestor Garcia: Good evening. My name is Nestor Garcia. I'm a City ofMiami police officer, City ofMiami Page 87 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 been a City ofMiami police officer for 21 years. I'd just like to take this opportunity to first of all -- before I came here today, I was very nervous and concerned for 177 officers. I'd like to thank you. It appear that we have made a lot of progress, and I'd like to thank Ms. Spence -Jones today here for giving the voice of reason and managing, you know, to negotiate some type of settlement. I'd like to -- just to say, Mr. Sanchez, you're absolutely right. Next year, you know, we are going to be facing more, you know, dramatic budget cuts and so on. But I'd just like to say one thing. You're absolutely right. The economy is doing bad, and by people losing their jobs, crime is going to go up. So we definitely need more officers out there in the streets to protect the City ofMiami and the citizens. Like I said before, I've been 21 years in the police force. I've worked in Overtown and I've seen a lot of good, positive changes in the area of Overtown and I'm very proud to be an Overtown officer. Ms. Jones [sic], I'd like to go ahead and commend you for the hard work and dedication, and it gives me great honor, you know, to see all the improvement that we have done not only with the police department but with the NET offices. It's very honorable seeing, you know, that the streets of Overtown, you know, it's flourishing with flowers and gardens and things like that. It will be just a shame to see, you know, 177 officers -- but now we have come closer by working together and it appears that probably we'll end up, you know, giving more concessions 'cause I personally not only will give a week of my vacation, I will give two to three weeks, whatever it takes to keep, you know, the fellow officers here. I'd like to thank you very much. Have a good night. Chair Sanchez: Thank you, sir. Vice Chair Spence -Jones: And I want to thank you all for all that you do for my district. Mr. Garcia: Thank you. Chair Sanchez: Johnny -- is it JohnnyMcBarber (phonetic)? John Lines (phonetic), Lillian L. Daniels, Michelle Gross (phonetic), Regina Jones -- I already called those names. Vice Chair Spence -Jones: Okay. Chair Sanchez: -- Natasha Bordes (phonetic), and Charles C. Dawkins. Ladies and gentlemen, that concludes the 150-something registered speakers. Unidentified Speaker: No, it doesn't. I -- Chair Sanchez: Okay. Well, hold on. You'll have an opportunity to talk -- to address the Commission. So at this time what we'll do, those that did not fill -- Ms. Thompson: They're here. Chair Sanchez: They're there? Ms. Thompson: They were the people who were standing in line when we broke, so -- Chair Sanchez: Okay. Ms. Thompson: -- they're right here. Commissioner Regalado: Meanwhile, Mr. Manager, on the police, Internal Affairs has an office of their own. It's leased, but recently, I saw on the media and it was reported that in Commissioner Gonzalez district there was a grand opening of a new substation. It's called SOS, the Grapeland, and where SWAT (Special Weapons and Tactics) is there and there is a space for -- my understanding is that that Internal Affairs office cost, in the lease and operation, $1.9 million and -- more or less, that's -- I mean, in between lease and operation. Maybe cost only City ofMiami Page 88 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 $100, 000 or $50,000. Maybe it's the whole operation of Internal Affairs, but my question to you is the lease is like the lease of four or five NET offices that expire -- Mr. Hernandez: Right. Commissioner Regalado: -- already. This lease already expire, and is it possible to consider -- because it's in a month -to -month basis -- moving this office to the Grapeland Station, to other facility so you have -- then you found maybe $50, 000 or $20, 000, or whatever the rent every year cost? Mr. Hernandez: Commissioner, we -- this is something that we discussed last weekend. The site is about -- the office they're using today is between 9,000 and 10,000 square feet, and the rate per square foot is about, I don't know, somewhere between 15 and 17, plus or minus. So the yearly lease should be like 150, 000, in that range. We did consider the Grapeland location because I believe that they do have the space. The concern that the chief had at that time was that he wanted Internal Affairs at a location that is more convenient to the general public in the City ofMiami. Although, you know, in my opinion Grapeland is not, you know, that far -- Commissioner Regalado: I mean, people go there -- Mr. Hernandez: -- towards the end. I mean, it's -- Commissioner Regalado: -- to play golf. Mr. Hernandez: -- off 27th Avenue, close by, so -- Vice Chair Spence -Jones: How many people in the building? Mr. Hernandez: I don't know exactly how many people we have there. Vice Chair Spence -Jones: I mean, in Internal Affairs. Do you know? Commissioner Gonzalez, you know? Commissioner Gonzalez: I don't know how many people in Internal Affairs, but can tell you that Grapeland is a more convenient location than Northwest 36th Street. Mr. Hernandez: Okay. Commissioner Regalado: Of course. Commissioner Gonzalez: Because the matter of fact is you have the bus going by 27th Avenue. You have three routes going on 27th Avenue, and it's about a block and a half from 27th Avenue and 17th Street, so it's a more convenient location. Vice Chair Spence -Jones: And then also -- I mean, we are also -- I mean, the City Parking Authority, they have this new building that they have, right? Mr. Hernandez: Well, I think the advantage -- Vice Chair Spence -Jones: Or the building -- your parking garage. Mr. Hernandez: -- of the Grapeland location is that it's a -- Commissioner Gonzalez: There is also -- yeah. City ofMiami Page 89 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: -- police facility. Commissioner Gonzalez: The Commissioner Spence -Jones brought up a good point. Vice Chair Spence -Jones: Let's fill that. Commissioner Gonzalez: We have -- and I mentioned that at the last budget hearing when Art Noriega was here. We built a parking building on Northwest 21 st Street and Northwest 21 st Avenue and the commercial space has been vacant ever since the building was built four or five years ago, and they have about 27,000 square foot there. That's another good location. You have buses going on 20th Street, you got buses on 22nd Avenue, and you have buses going on 17th Avenue so -- Mr. Hernandez: Commissioner -- Commissioner Regalado: I think it's important to consider -- while you discuss the gap on the police budget, I think it's also important to consider the new roof repair and we are taking money from the general fund on the roof repair. Because the helicopter has free space in Watson Island. The only thing you need is a little security there, secure. But the -- this roof you're still missing $1 million for the project, right? You still need $1 million. Mr. Hernandez: I don't know exactly, Commissioner, but obviously, you would like to have the access of the helicopter at Police headquarters. It's critical that they have access to that building. Commissioner Regalado: Of course. Mr. Hernandez: I think it's significant. It is a capital project, so I can't use the capital dollars for operations or to pay for police. Commissioner Regalado: No, no, no, no. It's here -- it has general fund. I would say it has $150, 000 from general fund. It's totally here. Chair Sanchez: All right. Commissioner Regalado: But mean, it's general fund, so 100,000 here, 50,000 there, it's [sic] helps you to fill the gap, and this is what we all want here. Mr. Hernandez: Commissioner, reference the location ofInternal Affairs, I think that, yes, we want to look for another facility for them and be able to move out of that leased location, whether we go to Grapeland or to the -- Commissioner Gonzalez: To the parking -- Mr. Hernandez: -- parking -- Commissioner Gonzalez: We have Art Noriega here. Vice Chair Spence -Jones: Art. Commissioner Gonzalez: We may want to call Art to the podium. Vice Chair Spence -Jones: We got some space to fill, right? Commissioner Sarnoff He's looking to rent that. City ofMiami Page 90 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: He's looking to rent that. Commissioner Sarnoff Right. Art Noriega: It's -- Art Noriega, Miami Parking Authority. I sort of heard the backend of that -- the statement, so you might want to run it through -- Commissioner Gonzalez: We want -- we're looking for a space to move the Internal Affairs Section from the Miami Police Department from Northwest 36 Street to another location. How much are you asking for the square foot on 21 st and 21 st? Mr. Noriega: That's very negotiable. Vice Chair Spence -Jones: I know it is. Commissioner Gonzalez: Very negotiable. Chair Sanchez: In these tough economic times, everything's -- Commissioner Gonzalez: All right. Chair Sanchez: -- negotiable. Mr. Noriega: Very negotiable. Commissioner Regalado: One dollar a year. Mr. Noriega: Yeah. I mean, at this point, it's -- it really would probably be better suited if we sat down and just figured out what they need -- Commissioner Gonzalez: Okay. Mr. Noriega: -- and we'll go from there. Commissioner Gonzalez: There you are, Mr. Manager. They're willing to sit down and see what you need. Chair Sanchez: All right. Commissioner Gonzalez: You know. Mr. Noriega: Absolutely. Commissioner Regalado: You got -- Commissioner Gonzalez: And it is a tremendous location because -- Commissioner Regalado: -- so you got $153, 000. Mr. Hernandez: Okay, we'll -- Commissioner Sarnoff Well, less Commissioner Regalado's 3 percent, which would bring it down to -- City ofMiami Page 91 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: To reduce -- Chair Sanchez: All right, little by little, we're getting there. All right, let's go ahead with the public -- Jorge Fernandez. You're recognized, Jorge. Good to have you back at City Hall. Fernando Gonzalez is next, Jalitsa (phonetic) Cartagena is next, and is it Tommy Carol? All right. Jorge, you're recognized for the record. Jorge Fernandez: Mr. Chairman, Commissioners, two of you were not here in 2004 when all four contracts with the union were long overdue, some for two or three years. Then City Manager Arriola asked me on his behalf to assume the responsibility of chief labor negotiator. I recruited and brought to the City one of the brightest, toughest management labor attorneys in municipal circles in the nation, Mr. Bill Rossi. Under the leadership ofArriola, Haskins, Spring, Mark, Mirabile, with Michelle Pina often providing therapy and guidance, Mr. Rossi negotiated all four contracts. All experts retained by my office at the time, from accountants to actuarials [sic], to other labor experts to other labor attorneys clearly established and communicated to the Administration and to the Mayor and to the Commission that the City had one and only this one chance to avoid bankruptcy by negotiating with the unions with a view to rein in all runaway benefits and expenses, which would have a direct impact on the stream of income, general revenues, which were being predicted even back in 2005 and 2006 were going to be seriously declining. In particular, the pension issues were debated, fought, negotiated and for the first time in the City's history -- and you can call and ask any of the people who were in the leadership at the time and ask them the voracity of these statements -- the City was able to achieve a viable, logical account, actuarially sound, negotiated management position in these contracts that would have avoided where you find yourselves today and that is shameful. You had it in your hands to have done it back then. But what happened? Well, I'm not going to repeat and I'm not going to play in the same playground that Mr. Arriola plays. He's given the statements to the Herald, and the statements speak loudly for themselves with regard to one of his last spats with your Mayor, but be that as it may, I'll only -- I won't talk to the press, but I'll talk to each of you directly and personally and tell you what I know for a fact for four years that I served you. The second week that the new City Manager took office, he deposed me and named me and my office totally brushed out of the way with a wealth of information and with the accomplishments that we had achieved in already having the four confracts literally negotiated. He named Mr. Hector Mirabile, a wonderful individual and a exemplary City employee, to whom we then only gave legal advice. The record is replete with reference at the time that the contracts were brought to you that time after time the City Attorney was keeping the contracts from coming to you because they were literally illegible. They didn't make sense. They were riddled with contradictions and inconsistencies. So after finally addressing those issues from a legal perspective, I consented, I signed, and they came in front of you, the worst yet ever contracts that this City has ever entered in with the unions. The unions ran circles around me and around us. They won. While all meetings had to be announced and held in the public, oftentimes we would walk to the table, sit at the table, and we would hear from the union representatives the City position for the first time and we were the City chief labor negotiators. Go figure. Only in the City ofMiami. It doesn't stop there. I have to continue. You know, you wonder who they met with and how they were able to convince the powers that be, second floor, that Rossi, Fernandez were evil, wrong, bad people. Just hideous. The rest is history. The already -negotiated confracts were trashed, new ones were negotiated, and the unions got what they wanted. But you know, more power to the union, more power to the people. I can't agree more -- and I have been watching all of your meetings for the last several weeks that you have been engaging in budget discussions because, after all, I'm a taxpayer, and a heavy one at that. But this is painful what I see you going through. It's a painful process to everyone and it is a lesson to be learned, a lesson for the unions. Winning is not all. For the elected officials, pay attention and never trust what the second floor tells you. For the four years that I was here and I had an opportunity to brief you on a weekly basis item by item, I presented to you a perspective that was clearly legal and that was clearly on point and, more often than not -- City ofMiami Page 92 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: The truth. Mr. Fernandez: -- different from that which the second floor was trying to perpetrate on a Commission who otherwise either being -- Well, I'll reserve judgment on that because it is immaterial at this time. But let me conclude by saying, you know, the City officials have to learn that whoever sits on the second floor -- and there will be someone occupying, the good Lord willing, both places in the second floor quite soon. But to the unions, let me tell you this. And I only say this in good will because after all, I've dedicated my entire life, 28 years, to public service, being both a city attorney and a county attorney, and so I know a little bit of what I'm talking about. To the unions, whom I respect tremendously, next time you negotiate a confract, negotiate tough and fairly and squarely, but do it with professionals. Avoid the politics and the politicians and those who serve them so shamelessly because as you are now finding out, some of these very same people are frying to shame you into giving up what's rightful yours, which is a legal confract. And the ones that are not trying to shame you are frying to negotiate with you in a most -- in a weirdest way. That's the least offensive adjective that could find. I'm concluding by saying that you -- to the unions, don't. You fought the fight; you won. You play tough, perhaps, a little bit too political, but what's yours is yours and is yours by the law. There is no way that anyone could argue that the unions have to concede or give an inch on anything that you have earned and that is rightfully yours, in spite of the shame that you're put through and in spite of whatever negotiations take place from the dais. Chair Sanchez: In conclusion. I've -- Mr. Fernandez: In conclusion -- Chair Sanchez: -- given you -- out of respect, you've had plenty -- Mr. Fernandez: Andl thank you very much. I really appreciate your consideration, Mr. Chairman. Force the Administration, Commissioners, and the Mayor to own up to their own deeds. And to you, Commissioners, to you whom I served so dedicatedly for four years and perhaps for fourteen, if you count the first ten, learn, please, again, as I stated before, never to trust the second floor or at least to question and demand that you be told the truth and the whole truth at all time. Otherwise, you get played like you're being played right now, and being played you are. It's very obvious to everyone watching, sitting here and watching on TV. The Mayor and your worthless, spineless administrators whose numbers don't add up, whose arguments don't hold any water need to be told by this Commission decidedly what you think and you need to act accordingly. Chair Sanchez: Thank you, Jorge. Mr. Fernandez: Do the right thing. Use the reserves to honor the confract, the lawful contracts that you have. Pay your employees, honor your employees, and patiently wait the next month and a half for the second floor to empty out. Chair Sanchez: Thank you. Applause. Chair Sanchez: All right. Charles Cutler. Charles Cutler: Good evening -- or should I say good night? Commissioners, with all due respect, I've been living in Miami all my life and I have been seeing murders on the street, people running around with AKAs [sic], and I'm a disabled Vietnam veteran myself. And I honor our police department and our public servants, and I don't think that it's no way that we should accept any type of cuts in terms of our personnel. As a matter of fact, we need more people on City ofMiami Page 93 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 the sfreet. We're going through dire times right now especially given the economy. We got Brinks trucks being robbed. We're even on 48 Hours and the biggest highlight that they have is the City ofMiami and the crime that's going on in Little Haiti, Overtown, and Liberty City. We're on national television and it don't make sense to even consider cutting our police department. We have a fine police department, and we really have to support them by giving them the tools that they need because when you start cutting the police officers -- and I'm a taxpaying citizen and I'm a homeowner. I would prefer raising the millage rate than laying off the police officers and cutting the services that this community desperately need. We fought hard for our services. We fought hard to support the unions and we fought hard also to support the political structures and the decisions that you make. And I'm not saying that all of them were bad decisions and I'm not going to say all of them were good decisions, but the only thing I'm saying is with this decision, you know, I have to stand firm on this one. We need our officers on the sfreet. Overtown is dangerous. I live in Overtown. I've been over there for over 30 years. We done had -- we've got too many unsolved murders, people walking around with AK-47s. We've got people that's getting robbed, people robbing trucks, and a lot of the criminals -- crime don't go down; they just move out. So in light of that, you know, we need to actually -- we just built a new police academy and we need to be able to cultivate that because that was part of a vision and we need to continue to build on that vision because the future ofMiami, we've got to be able to protect ourself [sic] (UNINTELLIGIBLE) we're going to become just like Arizona. Chair Sanchez: Good point, Mr. Cutler. Mr. Cutler: Just like Arizona, so everybody might as well just start packing. Chair Sanchez: Thank you. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: All right, next speaker. Yes, sir. Commissioner Gonzalez: I think it's important that we clear the record in reference to what our ex -City Attorney, part of his presentation or exposition. He -- I don't know the wording that he used, but he implied that we have been negotiating with the unions. I think it's very important that we clear the record that no one from this dais has -- Chair Sanchez: I have not. Commissioner Gonzalez: -- negotiated any contract with any unions because we could be accused of unfair labor practices, and I don't think any of us need that kind of you know -- so I think it's very important that that record be clear, that the only people that have been negotiating contracts has been the Administration. Chair Sanchez: Okay. J. C. Garrido, Matthew Reyes, Lewis Mahogany [sic], Nina West, and Sergeant Javier Ortiz. All right, those are the speakers. Sir, you're recognized for the record. Juan Carlos Garrido: Good evening. My name is Juan Carlos Garrido, J. C. I live at 2324 Southwest 26th Street, in Miami, the Silver Bluff area. First of all, I'm very appalled as a taxpayer that 177 police officer are going to be laid off. The Constitution of the United States states that the number one thing is security. In fact, old codes -- building codes throughout the United States states to protect the security, the health and the general welfare of the public. Why -- my question is to the Administration. Why 48 hours before the September 10 meeting, when they disclosed $118 million in deficit that is something really wrong. There's something wrong with the Administration when they do that. It should not happen. I will put anything that I can have to retain any police officers to secure our security in our neighborhoods. You've heard about the two Brinks jobs that were done. Pretty soon they're going to come into our City ofMiami Page 94 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 neighborhoods and it's going to happen. It will happen. You heard about the theft in the school system, unfortunately, and it's going to happen. The last thing you should do is release any police officer for securing our safety. That's number one. Security is number one issue. I'm going to bring the Marlins Stadium up for one reason. If you have $118 million in deficit, why don't you ask Loria to bring that $118 million and put it in our reserve funds? After all, we gave him the Orange Bowl and we gave him a lot of monies which I believe, in my professional opinion, what's going to happen is the stadium's going to cost 500 and some million dollars or $600 million. You've got a stadium that's cost -- they say it's $600 million, plus the four parking garages. Listen, the Yankees built a stadium for $1.5 billion without a retractable roof. In Dallas, Mr. Jerry Jones built that stadium, $1.5 billion without a retractable roof. Chair Sanchez: Sir, in conclusion, please. Mr. Garrido: In conclusion -- give me another ten -- another minute. Can somebody give me another two minutes? Chair Sanchez: Sir, that's -- sir, just finish, please. Mr. Garrido: Well, what I'm saying basically is -- Chair Sanchez: Look, with all due respect, I gave you two minutes. You've been talking for four minutes, okay. Mr. Garrido: Last time you did the same thing, Commissioner, with all due respect. Chair Sanchez: That's right. You know, I got to run -- Mr. Garrido: But you've given other people -- you have given other people more than two minutes, but it's fine. Chair Sanchez: Go ahead, sir. Mr. Garrido: No, no, no. It's okay. Chair Sanchez: The mike is open. Speak all you want. Mr. Garrido: No. No, it's okay. I'm going to refrain from that. There's a lot of people here, but it will be fine. All right. May God bless you and thank you for listening. Tomas Reyes: Okay. My name is Tomas Reyes, 2825 Northwest 5 Street. I'm here 'cause I don't understand too much about the budget. I'm glad it's your job and not mine. I do understand I bought a house, which I just gave the address to. The only reason this house was being sold is because the taxes went from about 1,400 to $8,171. With that being said, what happens to going from $1,400 to $8,700. This -- every time somebody buys a house here, the taxes are much greater. I'd like to know where all the money is being spent. The second reason, I got two kids -- two or three -- I got three kids, two of each are City ofMiami police officers. I can't understand how the taxes keep on going higher and higher and higher and now there's no money for the police officers. It's -- I just can't understand. Maybe they should stop worrying about, you know, cracks on the sidewalks and giving the confractors too much money to fix them and go ahead and pay these officers what they need to be paid because when something happens, they're the ones that are going to save us. They're putting their life out there for us. Just the other day, there was a shooting. You know, the confractors that are getting these million -dollar contracts to fix sidewalks and potholes aren't going to come and save us; the police officers -- you, as a law enforcement officer, know how risk -- you know, the risk you take, the risk they take, and it's just a shame that this is coming to this. I don't think it's -- the problem I don't think is the money. City ofMiami Page 95 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 I think it's the misspent money. There's too many, in my opinion, City employees that are making upwards of $75, 000 and driving City cars. IfI made $75, 000, I won't mind putting gas in my car and driving to work. Chair Sanchez: Thank you. Mr. Reyes: That's my opinion. Chair Sanchez: Thank you. Mr. Reyes: Thank you. Commissioner Gonzalez: Thank you. Chair Sanchez: Thank you, sir. Next speaker. Judy Sandoval and David Collins, and I believe - Nina West: Nina West -- Chair Sanchez: -- that -- Yes, ma'am. You will speak. Ms. West: -- 3690 -- Chair Sanchez: Hold on just a minute. Folks, this is the last of the speakers. Did you fill one out? Unidentified Speaker: Sure did. Chair Sanchez: I didn't get it, so you better fill out one or I better get one. Those who have not filled one, please do fill one out. I did not get it. I have them all here. Ms. Thompson: No. We -- there's some names you called as well that they weren't inside so -- Chair Sanchez: Okay. All right, let's go. Yes, sir, you're recognized. Well, Nina, you're recognized for the record. Ms. West: Nina West, 3690Avocado Avenue, Coconut Grove. Commissioner Sanchez, could you ask the Manager what our total budget is? What's our total budget for the City ofMiami? Excuse me? Chair Sanchez: Mr. City Manager, can you address our total budget? Mr. Hernandez: Proposed 2010 budget is 511 million. Ms. West: Okay, so we have $511 million budget, with or without $118 million. We have a city that relies on tourism and we have the third highest crime rate in the United States. Now why protect the citizens? That's just quality of life for us, but if you want to protect the financial security of the City, we need tourism. If we get a reputation for high crime, the tourists won't be coming here. Why should they? They can go anywhere with their tourist dollars. They can skip right over to Miami Beach, where it might be a little safer. They can go to Fort Lauderdale. They can have fun in South Florida. They just don't have to come here. And I think you are being pennywise and pound foolish. In $511 million you should be able to find $4.5 million for the Police Department to pay the policemen. We have spent money on consultants. We have put their stuff on the shelf. We have plans for Virginia Key that the citizens have asked to scale back but they're going full speed ahead. We have so many things we have overspent on and we City ofMiami Page 96 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 continue to plan from our Planning Department to continue to overspend. We should be able to find $4.5 million and honor our contracts because we're supposed to be straight ahead human beings. We're supposed to be a straight ahead city and we need the tourism. Thank you. Chair Sanchez: Thank you. Sir, you're recognized for the record. Javier Ortiz: Good evening. My name is Sergeant Javier Ortiz, with Miami Police Department. I also sit on the Fraternal Order ofPolice's executive board, 400 Northwest 2ndAvenue. I was working today and I was watching what was being said, and when Detective Leo Tapanes was up here -- and I don't want to beat a dead marlin, but my question is this. In essence, the Marlins Stadium did take away from our general funds, and the reason why I say that is we didn't get anything for that land. Yes, we got jobs, but, you know, we could have built residences there. It could have, you know, brought more money to the general funds, and it would have helped improve the quality of life of not only our citizens, but it would have also improved the services that we give out to everybody. And we look at crime statistics and some are down and some are up, and when Detective Tapanes was speaking and we were talking about all of these people getting shot, it's not that we don't have more people dying; it's just we have quality healthcare coming out of Jackson Ryder Trauma. That's why we don't have as many people dying. So what did we get for that land? A stadium. And then we give land -- we give money to the Parrot Jungle, the Adrienne Arscht Center, yet we can't provide basic services for our citizens. And I just want to end with two things. I got an e-mail (electronic) and so did everybody else with those Marlin [sic] tickets. I don't want Marlin [sic] tickets. Take your tickets back and use that money to save some jobs, okay, 'cause I don't have time to go to a Marlins game, nor do most police officers in this department. And we -- you know what, we sacrifice everyday. We sacrifice every single day. Today I went to a drug overdose call when I was on my way to court and I was off -duty. When our officer was being shot at two days ago, I was off duty and so were countless other police officers that risk their lives everyday that go out there. Those are our sacrifices. When you call 911 at 3 o'clock in the morning, we're not thinking about how much money we're being paid an hour. We're thinking about saving your life and saving your family. Thank you. Chair Sanchez: Thank you. Applause. Chair Sanchez: Guys, please. You know, we don't clap here. We don't do the Wave. We don't whistle. David Collins: Mr. Chair, David Collins. You've called my name, but I'm here to speak on item B11 [sic], so if it's okay, I'll wait 'til that. Chair Sanchez: Okay. Mr. Collins: Thank you. Chair Sanchez: Oh, I do apologize. I didn't notice that -- so it was B11 [sic]? Okay. Judy Sandoval: You called my name? Chair Sanchez: Yes, ma'am. I did call your name. What item do you wish to speak on? Ms. Sandoval: Thank you. There are three items. One is mine, one -- and the other two are behalf on other two people, but it's not very long. Chair Sanchez: Are you going to speak for them? City ofMiami Page 97 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Sandoval: Yes, I am. I have their authority, but it's not very long. Okay, the first one is for me, and it's very simple. I've discussed this with the City Manager. I don't know what's been done about it. There was the consideration of picking up the trash once a month instead of once every week. I spoke with the City Manager some time about this. He was going to look into it. At one time there was consideration of picking up the trash -- not the garbage, but the trash once a month instead of once a week. I recommend that you pick it up once a week because it's terrible to have that much trash hanging around. It stinks, it rots. You can have dead goats and ducks and chickens from the Santeria ceremonies on the streets for three weeks. And believe you me, you're going to get a lot of complaints. In ancient Egypt, in Rome, in the Middle Ages, they picked up the garbage on a regular basis. It's always been a service that cities provide, and I think we should do it too. That's my item. The second item I wish to simply bring to your attention, and this is from Steve Hagan, who is chair of the Miami Neighborhoods United Parks and Public Spaces Committee. In the paper, listed under programs to be eliminated, there's one that is $1 million from parks and green spaced acquisition. I wish to point out to you that probably that is money from the impact fees on the developers. It's not? Commissioner Sarnoff No. It's from the murals. Ms. Sandoval: From the murals, okay. I would like to know what has happened to the impact fees from the developers that are strictly for parkland acquisition or improvement because if the City doesn't spend it for that, it has to give it back to the developers. It's not like you can spend it on something else. Commissioner Sarnoff It's been spent, trust me. Ms. Sandoval: Okay. It's been spent? Commissioner Sarnoff It has been. Ms. Sandoval: On what? Commissioner Sarnoff Maybe not what like, but it's been spent on parks. Ms. Sandoval: Okay. I agree with you probably. Okay, the third item is the Virginia Key Beach Park Trust, and I am speaking on behalf of and with the authority of Herschell Haynes, who is the chair of the Model Cities Homeowners Association, and that is a neighborhood that is mainly black. It is one of the major black neighborhoods of the City. And I agree with him very much on this. And Mr. Range was very polite when he spoke, and I know that Gene Tinnie is going to be very polite when he spoke [sic], as did other members of the audience and the Trust, but I'm not going to be quite so polite. I think it is a darned shamed if this City lets down something that is so precious to the black community. And you know, the City doesn't mind calling on the black community for votes when they need it. In fact, do you remember that bond issue where you gave most of the money to the two museums, which are not black enterprises, the science museum -- and you gave them some of the most valuable land in the city in Bicentennial Park? Well, in order to get the black vote, the Beach Trust Museum was given $10, 000, a paltry $10, 000, and they delivered with votes for that bond issue. In fact, Patrick Range's grandmother made it possible for Bicentennial Park to be created many years ago because she and a few others marshaled and delivered the votes of the black community. Well, I don't think you should turn around and stiff them now on one of the things that's closest to their heart and is very important for the future parkland of the City. Thank you. Chair Sanchez: Thank -- Ms. Sandoval: That's it. City ofMiami Page 98 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- you. All right, anyone else who has not had an opportunity before we close the public hearing? Lewis Mahoney: Hello. How you doing? Chair Sanchez: Good morn -- I was going to say good morning. Good night. Mr. Mahoney: Close to that. My name is Lewis Mahoney. I'm a park manager for the City of Miami Parks and Recreation. As much as we need the police officers, we also need to keep the parks and all the staff that also help protect the community and also help try to deter crime in the neighborhood by keeping the kids on the park. If the parks lose staffing and funding, where the kids going to go? They won't have anyone to come talk to when they have a problem that this kid might be deterred to join a gang and he have someone to talk to in the park, and what about the kid that can't read and he don't say anything to the teacher, but he come to the park 'cause we have a reading program that'll help him. So my thing is, yes, help the police officers, but also remember parks are just important and the need because -- I didn't say it. A long time ago, Socrates said it better than I could. The more complex the situation is, the more need for play. So we need recreation and I hope you think about that when you make your decision when it comes down to Parks and Recreation. Thank you very much. Chair Sanchez: Thank you, sir. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Okay, anyone else who has not had an opportunity to speak? Okay. Sir, are you the last speaker? Gene Tinnie: Good evening, Mr. Chair and Commissioners and Mr. Manager. Since my name has been called, I shouldn't disappoint the public, I suppose. My name is Gene Tinnie, 74 Northwest 51st Street, City ofMiami. I have the honor of serving as chair of the Virginia Key Beach Park Trust, about which we've heard more than a little this evening. I'll just for the record read the item that I'm addressing, which is BH. 15, a resolution of the Miami City Commission, with attachments, approving the Virginia Key Beach Park Trust budget request of an amount not to exceed $1,125, 000 in operating funds, attached and incorporated, for the fiscal year commencing October 1, 2009 and ending September 30, 2010. Of course, I don't have to say that we're not here to ask the impossible. And I would like to just say for the record, just to put this in context, that some things that we really should bear in mind, the nationally and globally recognized significance and value of the historic and environmental landmark are not lost or diminished just because the funds to continue this effort have been greatly reduced. This is still the citizens' treasure and a destination for residents and visitors alike, which is only at the beginning of realizing its full potential. The progress thus far represents a substantial investment of resources and efforts which must not be wasted. And the fully realized community vision for historic Virginia Key Beach Park is this generation's responsible legacy to younger and future generations. We know that that original request is not even considerable. And I want to take this opportunity to thank all of you Commissioners and your staffs and the Manager and his staff for taking valuable time to meet with us to really look at how we can address this. When we say that we won't ask for the possible, but we also know that zero is impossible. You've heard from other speakers, notably, Mr. Range and our dear friend who just spoke, that we would really be at risk of costing the City more than is actually saved. What we are in the process of doing -- and some of you are aware of this -- is looking at what the specific needs are and how we can meet those. I would point out that we certainly do not want to lose the capability of the park to continue to generate revenues, as you probably heard, and we have special events that are in the pipeline, and we're really looking at -- and I think you know I'm not exaggerating -- getting this park to the same capability as say Bayfront Park has to become self-sufficient. I City ofMiami Page 99 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 would also point out -- Chair Sanchez: Mr. Tinnie, in closing, please. Mr. Tinnie: Yes, sir. In closing, I'll just point out let's not overlook the multiplier effect of every dollar that's been invested in this. We've had literally hundreds of thousands of volunteer hours that have come to make this a reality. And then the last thing I'll say is -- since I'm the last speaker -- that much has been said about saving employment. Commissioner Spence -Jones spoke very compassionately about the families. I would add to that that we have been particularly fortunate -- and here I'm not being unduly kind or polite. Not only do we have staff people, but we have (UNINTELLIGIBLE) of expertise and professionalism that accounts for all the success that we've had thus far, so we want to make sure that we're able to retain that expertise as a resource going forward. Thank you very much. Chair Sanchez: Thank you, sir. All right, that concludes the public hearing. The public hearing is closed. For the record, the public hearing was heard on BH.2 and BH3. So at this time, it comes back to the Commission. [Later... ] Chair Sanchez: All right. Now we move on to BH.3, which is a resolution which is basically adopting a budget for fiscal year beginning October 1, 209 [sic] through September 30, 2010. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: All right, but what are you moving? I mean, we have two options. Commissioner Gonzalez: The budget. Chair Sanchez: Which option are you moving the budget? Are you --? Commissioner Gonzalez: The option that was presented by the Administration. Vice Chair Spence -Jones: Yeah, but -- Chair Sanchez: The budget presented, which is -- just for the point of clarification 'cause I think we need to be very -- Vice Chair Spence -Jones: Yeah, prudent. Chair Sanchez: -- clear on this, okay. We need to be very, very clear on this. Vice Chair Spence -Jones: And while you're looking at it, can I just ask the question, can we at least get an update from the Manager and staff on the updates as to whether or not we have gotten any -- or we have any updates from the meetings at all with the unions at all? We'd like to at least know if we're a little closer. Mr. Hernandez: With reference to the police, we are 2.9 million left. Chair Sanchez: Short? Vice Chair Spence -Jones: Closer. Mr. Hernandez: We're closer. We identified, I think, 5.4 of savings, so we have another 2.9 City ofMiami Page 100 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 million to go. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And I know thatHr. Aguilar, you know, after we met, he left and he was going to come back tomorrow with other measures to reach or to fill that gap. Vice Chair Spence -Jones: Okay. And the other ones? Just so that we know. Mr. Hernandez: On the other one, Larry had -- Vice Chair Spence -Jones: 'Cause you have a lot of City employees left. Mr. Hernandez: -- prepared another proposal for AFSCME that would save all the employees. He discussed that one with Mr. Cox. There are still some concerns that he had with it, so Larry went back to work. Vice Chair Spence -Jones: Okay. So as far as the -- what Larry actually went over with him -- I just want to have an understanding -- did that include saving the NETs? Mr. Hernandez: If we save the 86 employees -- if we save every employee in AFSCME, you would be saving 28 employees that do work in NET offices -- Chair Sanchez: That work on NET offices. Mr. Hernandez: -- who are customer service representatives, service aides, et cetera. Vice Chair Spence -Jones: Okay. Because one of the things that I wanted to get clarity on -- and I don't know ifMike can clear this up too. First of all, I want to make sure the steps, Mr. Chairman, you're trying to accomplish now -- do you want to just vote on -- do we just vote on the budget or -- Chair Sanchez: Well -- Vice Chair Spence -Jones: -- if there's things that we'd like to have --? Chair Sanchez: No, no, no. We -- what we should do -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: -- is we should vote on a budget and the budget -- apparently we have two options on the budget, one is with the concessions of the unions or the recommendation of the Administration -- Commissioner Gonzalez: Yeah, but -- Chair Sanchez: -- and the other one is without. But the one that you have proffered is the one the Administration has proffered. Commissioner Gonzalez: I'll tell you what. I'm going to reconsider and I'm going to withdraw my motion because I'll tell you what. I mean, I believe that we're fooling each other here. We're playing -- this has become a game and we're playing part of the game. Until we know exactly what we have from the unions -- Commissioner Regalado: Of course. City ofMiami Page 101 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: -- we don't have a budget. Commissioner Regalado: Of course. Commissioner Gonzalez: I mean, we can vote -- be voting on a budget that we might not have the money tomorrow morning. So I think that the first thing that we need to do -- I think that we -- what we need to do as far as approving a budget is wait until -- you know, give us a couple of more days, until Monday or Tuesday, and then meet again, and then, you know, make a final decision because how -- you know, while you were talking, I was thinking, you know, how am I going to be proposing a budget ifI don't know that tomorrow morning I'm going to have the money to cover the budget. So the first thing that we need to know is do we have an agreement with the union. We don't have an agreement with the union, how many people we're going to have to lay off. We may not have to lay off anybody, you know, but this -- Chair Sanchez: Okay. Commissioner Gonzalez: -- is a total uncertainty. Chair Sanchez: That's -- no, that's a good point. But on the other hand, I think you got to look at the other side, which is when -- we have 'til September 30 to vote on a budget -- Commissioner Gonzalez: Well -- Chair Sanchez: -- but how -- Commissioner Gonzalez: -- Tuesday will be the 28th, I believe, right? Chair Sanchez: Okay, and how about if there's no agreements on the 28th? Commissioner Gonzalez: Then we have to vote -- Vice Chair Spence -Jones: We have to vote on that then. Commissioner Gonzalez: -- on the -- on a budget, you know, letting go as many people as we have to. I mean, listen, there will be no miracles here. The only miracle that could happen here is that someone will win this ticket, the Powerball, $190 million -- Vice Chair Spence -Jones: And then take -- you'll cover -- Commissioner Gonzalez: -- and decide -- Vice Chair Spence -Jones: -- and then you'll cover the shortfall, right? Commissioner Gonzalez: -- to donate it to the City. That's the only miracle that could happen. There is only two cards on the game; either we find the money or we have to lay off people. There are no -- there's no third card in this game. We're playing with two cards. It's very simple. I mean, I'm using -- Tomas, how do you call it, a (UNINTELLIGIBLE) number? You know, the supermarket (UNINTELLIGIBLE) numbers. You know, I don't need a computer, I don't need an adding machine. Two and two is four; ten minus five is five. Chair Sanchez: But -- Commissioner Gonzalez: It's very simple. City ofMiami Page 102 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- I think we need to send a clear message here. If that's the will of the Commission to wait and see what's the outcome of the negotiations that are going on, we also need to send a message that if by a certain day there is no agreement, then this legislative body must take action because we have to have a balanced budget. Commissioner Gonzalez: Today is the 24th. Tomorrow is the 25th, 26th, 27th, 28th, 29th. Commissioner Sarnoff Wednesday's -- Commissioner Gonzalez: By Tuesday at 5 p.m. we need to have -- Commissioner Regalado: Of course. Commissioner Gonzalez: -- a figure. Vice Chair Spence -Jones: So do I withdraw my second? Commissioner Gonzalez: And I'm not telling you on Monday because on Monday I have a very important doctor appointment at Mercy Hospital that I can't miss because otherwise, I will have to wait until November to see this specialist. Commissioner Regalado: Can you yield? Chair Sanchez: Hold on, hold on, hold on. Let me try to get some order here. If we were to not -- we would recess the meeting. We would continue the meeting. In other words, we would not make a decision, give us ample time to continue to work out the differences and fry to come to an amicable agreement. We would call the meeting at 9 or does it have to be after 5 o'clock? Ms. Bru: I would recommend that you do it after 5. Vice Chair Spence -Jones: Yeah, do it -- Chair Sanchez: After 5. Ms. Bru: The statute isn't clear, but it says public hearings to consider the budget are to occur after 5, so -- Commissioner Gonzalez: But do we need to have another public hearing? Ms. Bru: No, you've had your public hearing today. Chair Sanchez: We've had the public hearing and it's closed. Ms. Bru: Yeah. Commissioner Gonzalez: Yeah. Commissioner Sarnoff But here's -- Chair Sanchez: We cannot recess -- Commissioner Sarnoff -- the problem. Chair Sanchez: -- we cannot adjourn this meeting. That is for sure. City ofMiami Page 103 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff No, no, but here's the problem. Let's say, for instance, Charlie Cox comes back with something. He doesn't have a vote. You don't have time for a vote. The FOP, you don't have time for a vote. Commissioner Regalado: Yes, you do. Commissioner Sarnoff No, you don't. Chair Sanchez: You don't. Commissioner Regalado: Yes, you do. Chair Sanchez: No, you don't. Commissioner Regalado: Excuse me. I've done research. Number one, Charlie doesn't need an official vote. He takes a sfraw vote, which he can do in hours. Number two, the FOP has been able to waive the ten days rule. Commissioner Gonzalez: Right. Commissioner Regalado: The only labor union with a 10-day rule is the Fire union and they will end their vote at 1 p.m. on Tuesday, and by then, all the union -- if the management give them tomorrow or Saturday, all the unions can have their decision (UNINTELLIGIBLE). But you know what, it would be unfair for us to the Manager to just approve a budget because the budget that we need to approve is not the budget with the concession. It's the budget without the concession. Commissioner Gonzalez: Without the concession. Commissioner Regalado: So the budget that we approve now -- if we approve the budget -- it will be the budget with 171 cops fired, 200 and -- because you cannot approve something that you don't have. Commissioner Gonzalez: You don't have. Commissioner Regalado: So let's just -- so my advice is to give the Manager some time to finish his talks with the union. After all, it's on the 30th -- I mean, on the 29th is when the last union finish their vote and then we will know. And like Commissioner Gonzalez says, it's very simple. It's either this or that. If there is concession, everybody is happy. If there is no concession, the budget has to be approved with all the firings, all the layoff people, all the cuts, no NETs, no nothing. So I would suggest, Mr. Chairman, that we give the Manager the weekend and come back, if you will, on Tuesday. Chair Sanchez: But it's -- that -- but once again, it is paramount that we know that we -- that that could be done, that we have an assurance that that could be done. And the concern is very simple. One, for whatever reason, they have to take it to a vote and we get to the deadline where we have to approve a budget and we don't have an approved budget by the State -- to send to the State, we are -- that'll be not only an embarrassment, but it'll be bad for the City. So we need to have an assurance that that could happen, that we have sufficient time to be able to, one, is the negotiating process, which we don't know if they're going to come into an agreement, but we have to set a deadline and say this is the day where we're going to meet and we all better pray that we have an agreement where we're going to be able to save everybody's jobs. Because, sincerely, I think everybody should be concerned about their colleagues losing their jobs because we won't be able to balance the budget. City ofMiami Page 104 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: I believe -- that's why I believe that Tuesday would be a good day because it will give the Administration and the unions Friday, Saturday, Sunday, Monday and all day Tuesday until 5 p.m. Chair Sanchez: But why don't we have an assurance from the -- Commissioner Gonzalez: And -- Chair Sanchez: -- Adminisfration that this could be done, this process could be accomplished. We don't know that yet. Commissioner Gonzalez: Why not? Mr. Hernandez: Well, Mr. Chairman, Commissioners, with Fire, we know that Fire will have their -- they'll do their ratification votes on Monday night and Tuesday morning, and that will be completed by 1 o'clock --12 or 1 o'clock on Tuesday. Whatever we do with AFSCME between tonight and tomorrow morning, we have to conclude a proposal that he can -- that Mr. Cox can then move forward and explain and go to a vote before noon on Tuesday. And with Police, it's the same thing. Commissioner Gonzalez: Same thing. Commissioner Sarnoff With all due -- Mr. Hernandez: Now my understanding is from talking to Mr. Aguilar that he needs like two days to be able to do the necessary ratification. I believe he's obtained some sort of a waiver where he can do that. I think that AFSCME 1907 also can hand -- they don't need to have the 10 days. They can do it in a very short period. With that said, I would say that by tomorrow we need to have proposals that they can then take out to their membership over the weekend and through Monday, and by Tuesday, they need to have the result. And we do have, Commissioner, and either/or. You either fill the void by having the concession, and if not, then you have the layoffs to provide for the same equal amount of money necessary, or it could be part the concession and then part of the layoffs, but it's that either/or combination. Commissioner Sarnoff I don't -- I have yet to see a budget that you have looked at where the unions have rejected everything where you could present that to this Board, and that is a scenario that could happen. Chair Sanchez: Yep. Commissioner Sarnoff So I don't think you have enough time, with all due respect to you -- and I'm not belittling you, butl don't think you have enough time to react to a "no" vote by Tuesday night. You may need Wednesday or Thursday to put together whatever it is you learned. It could be 20 percent of your concessions, it could be none of your concessions; it could be all of your concessions. And I have yet to see a budget that shows no concessions. Vice Chair Spence -Jones: I just want to say this. Mr. Hernandez: Well, in essence, the ultimate deadline -- Vice Chair Spence -Jones: Can I just say -- Mr. Hernandez: -- is the 30th, period -- Vice Chair Spence -Jones: -- this -- City ofMiami Page 105 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: -- which is Wednesday. Vice Chair Spence -Jones: -- Mr. Manager? I mean, Commissioner Gonzalez, it was actually a motion and then he decided not to do the motion. Commissioner Regalado, he's brought up some very good points. Obviously, he has information regarding the time span and us having the ability to allow for the unions to work -- I think that the feeling of this Commission should be -- we should be trying to do whatever it takes, whatever it takes. If that means burning the midnight oil to fry to save as many jobs as possible, if that means us working -- continuing to work with the unions to get through whatever is necessary, we have to do it. It's like this is not an option anymore. So I don't want us to -- I mean, we can keep going backwards and forth on this overall issue, but I think that we've heard from Commissioner Gonzalez. We've heard from Commissioner Regalado. You're hearing from Commissioner Spence -Jones. I want us to do whatever it takes to allow for them to have the time to work through it. I feel confident in the fact that the unions will come to the table along with management to work through it. And whatever that is, whatever concessions that need to be made and whatever needs to happen regarding the overall budget, we have to make it happen. If not, what we're saying and what I'm hearing is that we just need to vote with what we have, and we -- that means letting all these people know right now they don't have jobs. And that means every single union representative that came up and said that they would try to work through it, they would leave -- we would leave here tonight voting on something and it's a direct contradiction of what we said we would do, which is allow for them to work through it. So I'm just appealing to my fellow colleagues to allow for the Administration and the unions to work through it. And these people that are sitting out here in the audience that have families that -- we deserve -- they deserve to at least be able to have this time that's necessary to work through it. I have confidence in our management team to make that happen, so let's just -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- allow for you to make it happen. Chair Sanchez: All right. Mr. Hernandez: Commissioner, you know that my staff myself will do all that we have -- all that we can on our side to be able to reach those goals. Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: In reality, we have until Wednesday, but we don't want to wait until -- Mr. Hernandez: No. Commissioner Gonzalez: -- the last day because anything could happen. You know, we want to give ourselves some breathing space. Commissioner Sarnoff But he doesn't -- he really doesn't have time. He gets a vote -- supposing he gets a vote at 1 o'clock on Tuesday -- Commissioner Gonzalez: On Tuesday. Commissioner Sarnoff -- and supposing Fire comes back and says, you know what, now we're not going to do it. You don't have a budget in place. I know that. I've worked hard with you guys. You have no scenarios with no reductions. You don't have the $28 million nuclear bomb budget. You don't, yet you could be delivered a $28 million nuclear bomb, and what are you going to do for the next four hours? You get the word from Fire at 1 o'clock. You're going to sit City ofMiami Page 106 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 upstairs with the Mayor and you're going to go, this guy's out, this guy's out, this guy's out. You don't even know what you're doing -- Mr. Hernandez: Commissioner -- Commissioner Sarnoff -- 'cause you don't have that scenario. And I don't blame you. I wouldn't play that scenario either, but now you're being instructed to play that scenario. Mr. Hernandez: Commissioner, we have no other alternative. We'll work -- Vice Chair Spence -Jones: I think -- Mr. Hernandez: -- to develop a fallback scenario in the event that we have a no vote across-the-board. However, that will be totally contradictory to what Commissioner Spence -Jones is saying that you do expect the unions to cooperate and meet us halfway. Vice Chair Spence -Jones: They don't want to see these people without jobs. They're going to do whatever it takes, just like City Administration is going to do whatever it takes. And guess what. We have a responsibility to the folks that serve this community. Commissioner Gonzalez: But let me tell you. I do agree with Commissioner Sarnoff that you need to prepare yourself -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: But he's -- Commissioner Gonzalez: -- with this scenario and with the least and with everything ready in case you need to come up with a budget where you have to lay off 500 people, okay. Vice Chair Spence -Jones: But they already -- Commissioner Gonzalez: You have to be ready for that. Commissioner Regalado: No, he already has it. Vice Chair Spence -Jones: -- have that budget. That's what they were presenting tonight. Commissioner Regalado: He already has it. Vice Chair Spence -Jones: They got that. Chair Sanchez: One at a -- Commissioner Gonzalez: No. Chair Sanchez: -- time -- Commissioner Gonzalez: They -- Chair Sanchez: -- so we could have proper records. Commissioner Gonzalez: One thing -- Chair Sanchez: Commissioner Gonzalez, you're recognized for the floor. City ofMiami Page 107 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Let me tell you. I know a little bit about administration because that's my career. That's whatl study, and that's whatl work on for many, many years. It's not a matter of saying I'm going to fire 500 people. You have to make an analysis and know exactly who those 500 people are, what positions they occupy, what are sensitive positions, what people you can -- you need to depend on, what people you can -- you don't need to depend 100 percent. You know, you have to do an analysis and be ready in case you have to take that action. It's not a matter of saying I'm going to fire 500 people tomorrow. Vice Chair Spence -Jones: Mr. Chairman, I just need to say this. I'm hoping that -- Chair Sanchez: Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: -- over the last 60 days that we've been working on a budget and the fact that one is being presented to me right now for 511 whatever million dollars that we already know what the worst case scenario is. All I'm asking is that we have more than one -- Commissioner Sarnoff We don't know. Vice Chair Spence -Jones: -- scenario. And know for a fact I've seen two or three different scenarios that the Manager has presented. All I'm saying is let's give -- we owe it to the City employees to at least fry to do the best thing, and I think that your original -- Commissioner Gonzalez: And that's what we're doing. Vice Chair Spence -Jones: That's right. And so all I'm asking -- Commissioner Gonzalez: That's what we're doing. Vice Chair Spence -Jones: -- is just let's give them to Tuesday. If -- I have confidence in the management team. I'm sure they'll come back, and whatever it is, we'll make a decision from that. But if not -- Commissioner Gonzalez: All right. Mr. Hernandez: Well, in -- Commissioner Sarnoff I know you have the concern, but if you look at it this way, with Police, we know -- we have the list. Commissioner Sarnoff You know you have what? Mr. Hernandez: With Police, we have the list. Commissioner Sarnoff No. You have made that analysis -- Mr. Hernandez: Right. Commissioner Sarnoff -- with -- Mr. Hernandez: With AFSCME 1907, we do too. Chair Sanchez: Oh, the list is ready. The list is there. Commissioner Sarnoff And with Fire -- Fire comes in. Let's say they listen to an impassioned ex -City Attorney and they say, you know what, he's right. You know what the City. You have that one down? You got that $13.5 million scenario down? I know you don't. City ofMiami Page 108 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Yeah. Commissioner Sarnoff Well, you know what, with all due respect, maybe you do. Commissioner Regalado: Can I just say something? One -- Chair Sanchez: Commissioner Regalado. Commissioner Regalado: I mean, the nuclear bomb, the doomsday scenario is the budget that the Mayor -- the budget that the Mayor presented is the one with the nuclear bomb because it was the one to fill $118 million and it had all these layoff people being fired, departments eliminated, agencies with zero budget. That's the budget -- that's the original budget should all the unions say no. But the unions here, live and in color, just said a few minutes ago that they were willing -- they walked with you. They went and they say that they were reaching an agreement, that the gap was narrow, so what could happen that would change everything during the weekend? I don't think so. Mr. Hernandez: Commissioners, for example, with Police, I do expect them to come back tomorrow with the ideas, the measures, the strategies to cover the 2.9. If that's the case, then that's one that is done. Commissioner Regalado: Can I --? Mr. Chairman, just a brief -- I want to thank you because this morning you pulled CA.2, and the reason that you pulled CA.2, as you stated on your e-mail, is because of the conversation that we had yesterday that $109, 000 contract of landscaping can be done in-house by the Litter Busters of NET cleaning and maintaining the traffic circles citywide. It's $219, 000, two-year contract. And what these people were going to do is what the Litter Busters do. They go and pick the trash in the traffic circles and fix the things, pick up the tires. So I would ask you to consider that $109, 000 for the possible budget of NET in case that NET, because of the concessions of the unions, is allowed to stay. Chair Sanchez: Well, ifI may, right now I think the priority is to make sure nobody loses their job. Vice Chair Spence -Jones: Right. Chair Sanchez: That's the number -one priority. Now getting back to this, you have the worst case scenario and you have the best case scenario. Best case scenario is all the unions come to an agreement, nobody loses their job, we approve the budget, we move forward. Worst case scenario is somehow something doesn't go right with one of the unions. What are we going to do? Because I'm worried about the timeframe. The timeframe is what concerns me. So ifI have assurance from you, Mr. City Manager, that we're going to have enough time if they decide not to come to an agreement, that we are able to meet and vote on this budget and get it done, I'm okay with it. But once again, I'm concerned about that timeframe, which is going to be very short. Mr. Hernandez: Well, Commissioner, Tuesday, 5 o'clock, by that time definitely we'll know where we stand with every union and you'll be able to make a clear decision. Chair Sanchez: Well, then we should be calling already a meeting for that day. Vice Chair Spence -Jones: Okay. Can I --? Chair Sanchez: We should have set already a meeting for that day to meet -- City ofMiami Page 109 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: I'd like to -- Chair Sanchez: -- and take care of this problem. Vice Chair Spence -Jones: -- make a motion that we continue this meeting for Tuesday at 5:05 p.m. Chair Sanchez: Tuesday what? Vice Chair Spence -Jones: Tuesday, September 29, is it? Mr. Hernandez: September 29. Vice Chair Spence -Jones: So that we can give the unions time, give the City Administration time and so that we could work whatever's necessary to save as many City employees as possible. Commissioner Gonzalez: I'll second that motion. Chair Sanchez: All right. There's a motion and a second to continue the budget hearing to September 29, 5: 05 p.m. Any discussion on the item? If not -- Commissioner Sarnoff Yeah. I'd like to say something. Chair Sanchez: All right. Commissioner Sarnoff You know, I'm listening to us up here -- and I call this ear candy -- that nobody's going to lose their job. Even ifAFSCME comes in and even if FOP comes in -- and I will tell you -- and I'll give you my directive -- from District 2's perspective, it's about the police because I don't want to hear about anyone else -- and I don't think the right number is a hundred and -- Chair Sanchez: Six. Commissioner Sarnoff -- six cops. I think you're wrong on that. I think -- Mr. Hernandez: No. Commissioner Sarnoff -- it's about 125 cops. That's just me. But there is a misnomer up here that somehow once we getAFSCME to do something and once we get FOP to do something and once we getIAFF to do something, everyone's okay, and that is not the way it's going to end. This story doesn't end that way. There is no more money when that is all said and done to do anything else. Commissioner Gonzalez: Oh, yeah. Vice Chair Spence -Jones: And I want to be clear, Commissioner Sarnoff -- and I will stand corrected at this point. We stated that from the very beginning of this hearing we know that there are going to be people that lose their jobs. That's not what I tried to communicate. I'm just simply saying as many jobs as possible for us to save, I'm asking for us to at least give the time that's necessary for the families that work so hard to serve the residents and the people of this community. That's all I'm asking for. I think Commissioner Gonzalez has started it off. Commissioner Regalado added on it, and all we're doing is saying let's give the time that's necessary to make it happen. IfI need to state it publicly, yes, we know that every person's job won't be saved, but guess what. I want to do my part to save as many jobs as possible. That's really it. City ofMiami Page 110 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: All right. It's pretty late. It's been a long, long day. There's a motion and a second to continue the meeting to September 29, 5:05. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Madam Clerk, we don't adjourn the meeting. We will be back -- Ms. Thompson: We're recessing. Chair Sanchez: We recess the meeting. So the meeting stands in recess 'til September 29 at 5:05 P.m. Vice Chair Spence -Jones: Do we go back to the other meeting? Chair Sanchez: All right, can we --? No, no, wait, wait. We still have to vote -- or do you want to vote on everything on the -- Mr. Hernandez: We can take the other ones. Chair Sanchez: We could do that. Vice Chair Spence -Jones: Yeah, let's do that. Ms. Bru: You could do DDA (Downtown Development Authority) and DOSP (Department of Off -Street Parking), which are not related to the general operating budget. Chair Sanchez: All right, let's -- Ms. Thompson: Chair, may I ask, can you give us about five minutes to bring the system back up? It goes down at midnight. Chair Sanchez: All right. Let's take a five-minute recess. Ms. Thompson: Thank you. [Later..] Note for the Record: The following minutes are the continuation of the September 24, 2009 Commission meeting, which was held on September 29, 2009. Chair Sanchez: All right. So at this time, we will address the budget. The public hearing was opened and closed, and it comes back to the Commission. I believe that we could either proffer a motion andl believe that we -- it would be in the -- Mr. City Manager, you want to put something on the record? Mr. Hernandez: Mr. Chairman, Commissioners, I think that it would be probably a good idea if we allow our budget director, Michael Boudreaux, to provide you an update from all the agreements based on negotiations that we achieved since September 24 to the present. Chair Sanchez: All right. Sir, you're recognized. You have four agreements, correct? Mr. Boudreaux: Yes, sir, we do. Mike Boudreaux, director, Management & Budget. I would like to pass out to you another floor amendment to BH.3, which makes a modification to the proposed 2010 budget based on the last meeting that we had last Thursday. The changes to City ofMiami Page 111 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.3 is to increase the proposed budget for 2010 by $1.5 million to 512.9 or 512,928,230 by adding $1.5 million from the FPL (Florida Power & Light) franchise fee increase of 1.5. The previous budget had it at only 1.5 million. We added another 1.5 on top of that to make it 3 million based on the agreement and information that we received from the changes to the FPL agreement. Chair Sanchez: All right, so for the record, the Florida Power & Light franchise agreement is no longer 1.5; now it's 3. Mr. Boudreaux: Now it's three. So it's adding to franchise fees and other taxes, and thus, increasing the budget to 512.9. Commissioner Regalado: Mike, why the amount? FPL made an error? Mr. Boudreaux: Well, before we actually got the information from FPL as part of the change in the agreement, there was an estimated $1.5 million in additional franchise fee taxes from the FPL agreement that we had anticipated. We have since gotten further information from that agreement to now give us the comfort that we can increase it another 1.5. Commissioner Regalado: So that's the projection for next year also? Mr. Boudreaux: 2010, yes, sir. Commissioner Regalado: Yeah, for the 2010 budget. Mr. Boudreaux: Yes, sir. Commissioner Regalado: Okay. Mr. Boudreaux: So that's the reason for the change. As you know, there's an agreement to change the FPL collections. And as a result of that, we feel comfortable we can add another 1.5 million to the budget. Chair Sanchez: All right. Okay. Mr. Boudreaux: Okay. Since we met last Thursday, there have been some agreements made with the various unions, and I would like to go over that briefly. The IAFF, or Fire, concessions are completed, and it's anticipated to save the City approximately $10 million in 2010. The FOP concessions are also completed, and it's expected to save the City an anticipated 8.4 million. The AFSCME 1907 concessions are anticipated to save the City 6.1, although all of the concessions that we've asked for was originally 7.8, for which we only got concessions for approximately 6.1. Now I'm also including in that 6.1 the City -sponsored DROP program agreement of about $1.7 million. However, we would like for consideration to use the additional 1.5 million that we received in FPL franchise fee and the additional $300, 000 that we received from the FIPO pension through the reductions in their administrative cost as a way of helping to meet the goal of 7.8 that we had for the AFSCME 1907 union concessions. Commissioner Gonzalez: Okay. Let me ask you. If you add the 1.5 and the 300, 000, what would be their contribution? Mr. Boudreaux: If we add the -- it's going to be 7.8 million of the concessions that we had originally requested from the AFSCME 1907. Commissioner Gonzalez: So they will be contributing the 7.8 that you ask? City ofMiami Page 112 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: If we will -- if we're allowed to use the increase -- Commissioner Gonzalez: The 1.5. Mr. Boudreaux: -- and the 1.5 -- Commissioner Gonzalez: And the 300, 000. Mr. Boudreaux: -- and the 300, 000. Commissioner Gonzalez: And how many people will they be losing if they reach the 7.8? Mr. Boudreaux: We'll still be looking at eliminating 86 positions. Commissioner Gonzalez: All right. Let me ask you this while -- Mr. Chairman, I'm sorry. I didn't ask for the floor. Chair Sanchez: You're recognized for the record. Commissioner Gonzalez: Sorry for that. I have a list here of vacant positions that add up to another 1. -- about $1.1 million. If we defer these vacant positions for another year, we have another $1.1 million that could help us save some of those 86 positions. Mr. Boudreaux: I'd have to review -- Commissioner Gonzalez: Because the fact of the matter is, as far -- at least as far as I'm concerned, is frying to have a balanced budget, but also fry to save as many jobs as possible because the market is not there to find jobs. I mean, the -- everybody knows how bad things are out there. So, you know -- and let me tell you, the second -- the low -- the second lowest employees of the City are AFSCME. You have Solid Waste, and then you have them. So we need to fry to make a final effort to try to save as many people as possible from AFSCME. So you may want to take a look at this list, and Mr. Manager, reconsider that. Mr. Hernandez: Commissioner, I'll discuss this with the Budget director. Commissioner Gonzalez: Because let me tell you. As the year goes by, I'm sure that you will be identifying some other little pots of money, 300 here, 500 over there, 600 -- like you just found another $1.5 million, you're going to be finding -- you know, starting next year, you're going to be finding a little bit more money; 700 in this drawer, then you open a box and you find another 500, and then you open another box and there are another 250, so you know. I mean -- Commissioner Sarnoff Make them go in -- Commissioner Gonzalez: -- miracles that happen. Chair Sanchez: All right, let's -- Mr. Hernandez: Mr. Chair. Chair Sanchez: -- why don't we do something. Mr. Hernandez: Mr. Chair, if -- Chair Sanchez: Mr. City Manager, hold on. Let's go through the agreements, get all the information as to what agreements have been reached, what's the savings, where are we at with City ofMiami Page 113 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 the numbers. This is all about numbers. At the end of the day, it has to balance. So let's go through the agreements, and if we go through the agreements and one may have questions pertaining to that agreement, we'll deal with that question. All right, let's go with the four agreements. And right now you're dealing with which one? Mr. Boudreaux: Okay. Commissioner Gonzalez: AFSCME. Mr. Boudreaux: I'm sorry? Commissioner Gonzalez: AFSCME, right? Mr. Boudreaux: I'm going -- he wants -- the Commissioner would like to go over each union concession -- Chair Sanchez: Yes. Mr. Boudreaux: -- and I'm going to start off with the Fire -- Chair Sanchez: Okay. Mr. Boudreaux: -- IAFF concession first, Commissioner. Chair Sanchez: Yes, sir. Mr. Boudreaux: Eliminate the 5 percent across-the-board salary increase that was effective October 1, 2009, a savings of approximately $3.8 million. Salary reductions to new -hires in training -- that means they'll get 10 percent less than a regular firefighter that is not in training - - $150,000 in savings anticipated. No contribution to the IAFF Health Trust in 2010, approximate savings, $325, 000. Eliminate one holiday payout in November of 2009, approximate savings, $345, 000. Eliminate the compounding effects of EMT, paramedic, and ALS (Advanced Life Support) assignment pays, about $4 million in savings. A 2 percent across-the-board salary reduction, effective 10/1/09, approximate savings, 1.5 million. Total savings from the IAFF estimated at 10 million. Chair Sanchez: Okay. Before you go any further, any questions on the agreement on the IAFF? I do. Commissioner Regalado: I have a question. Chair Sanchez: Okay. The elimination of the 5 percent across-the-board salary that takes effect October 1, '09, is that only for one year? Mr. Boudreaux: I believe the agreement was for us to do this for two consecutive years, for 2010 fiscal year and for 2011. Chair Sanchez: Okay. The reduction minimal staffing requires the unfreeze of 36 Fire personnel positions. That's nothing. Mr. Boudreaux: That's an offset, Commissioner, where we feel like -- where we're going to unfreeze the 36, we'll have the savings on salaries instead of overtime. Chair Sanchez: Salary reductions to new hiring and training. That's a savings of 150, 000. City ofMiami Page 114 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: That is correct. Chair Sanchez: But my understanding is that later on they make the money back up. Mr. Boudreaux: Well, while they're in training, they'll be paid less than the regular firefighters, but once they get through training, they'll be at the normal firefighter pay. Chair Sanchez: Okay. Eliminate one holiday payout in November of 209 [sic]. That's 345. And then the -- eliminate the EMT, paramedic, andALSpays, which is $4 million. Mr. Boudreaux: Well eliminate the compounding effect of these pays. Chair Sanchez: In other words, they -- it's just a percentage that's distributed differently. There is -- Mr. Boudreaux: That was percentages that were previously built in in each one of their base salaries that will no longer take the case. Chair Sanchez: So on the AAFF [sic], ifI were to make a statement to say that based on salary reduction, they have agreed to a 5 percent across-the-board and a 2 percent across-the-board, so it'll be 7 percent? Mr. Boudreaux: Not correct. Chair Sanchez: In salary. Mr. Boudreaux: It's more like foregoing an increase of 5 percent, which they otherwise would have received and making a 2 percent reduction to the salary that they're currently receiving. Chair Sanchez: Okay, and that's for two years? Mr. Boudreaux: Yes, sir. Chair Sanchez: But what's the giveback? The giveback is to extend the contract for another year? Mr. Boudreaux: Yes, sir. Chair Sanchez: Okay. Commissioner Regalado. Commissioner Regalado: On the Fire union, Mike, all of these concessions will come back next year? Mr. Boudreaux: All of these concessions will continue until 2011, yes. Commissioner Regalado: So if these concessions are for this coming budget and the next coming budget? Mr. Boudreaux: Yes, sir. Commissioner Regalado: And it totals ten -- sort of $10 million? The Administration requested 9 and it came out to $10 million. Okay, just wanted to -- Mr. Boudreaux: Yes, sir. City ofMiami Page 115 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Any other questions on IAFF? If not, we'll go to the next one. Mr. Boudreaux: Okay. The next group -- and since it's number two on my list, I'll just go to them. And that's the FOP, the Police union. For the FOP, give up exfra pay for three holidays in 2010, approximate savings, 1.2 million. No purchase of new or replacement uniforms in 2010 for an approximate savings of $500, 000. No new vehicle replacements, 1.7. No annual physical exam costs, 539, 000. Delay their 3 percent across-the-board increase until April 1, 2010, $1.3 million saved. And do not allow any payout of vacation time from accrued vacation balances in 2010, approximate savings, $3.1 million. Total savings, 8.4 for the FOP. Chair Sanchez: Questions on the FOP agreement? Commissioner Gonzalez: I do have a question. Chair Sanchez: Okay, Commissioner Gonzalez, followed by Commissioner Regalado. Commissioner Gonzalez: First of all, I want to commend the Police union for their effort and finally trying to make an effort to agree to some concessions in order to balance the budget and to save their colleagues and their police officers. The only thing that I have a concern with is the physical exam. Not having the regular physical exam really concerns me. I mean, you know, is it that the City isn't going to pay for the physical and the union is going to pay for the physical, or it is that they're not going to have any physical for one year? Because that could also be a liability. Mr. Hernandez: Commissioner, let me respond to that one. Commissioner Gonzalez: Being a police officer is a very stressful job. It's a very -- you know, it takes a real pound on the men and women that serve as police officers. And not having their regular exam really concerns me. I don't know if it concerns my colleagues, but it do concerns me. Mr. Hernandez: Commissioner, it was also my concern, and when we discussed that with the FOP, I had attorneys present and the assistant City attorneys that were there that evening told me that, in essence, that annual physical is considered to be a perk, a benefit, as part of the collective bargaining agreement, and that they, the members, if they ratified this agreement, they will, in essence, be giving up a benefit and that there would be no liability to the City. Commissioner Gonzalez: But you know what? There is more than just the legal aspect of it. It's the moral aspect of it. I mean, you know, we might not be sued. We might not have any liability, but morally, knowing that we have 1, 000 plus men and women out there doing the kind of work that they do without having a physical exam, it really concerns me. It really concerns me and I want to put it on the record. Mr. Hernandez: My understanding is that they can also avail themselves of the physical through their medical insurance plan that they do have, so they have another option. Commissioner Gonzalez: Armando is saying no. So, Armando, could you come to the podium, please? Armando Aguilar: Good afternoon, Commissioners. Armando Aguilar, president of the FOP, 710 Southwest 12th Avenue. I did speak to Pete about this. What they do have is the opportunity, if they feel sick for any reasons, to go to the doctor -- and obviously, the doctor will ask for blood work or whatever is necessary if they feel bad. But there won't be a physical, per se. The last time that we had these type of concessions and we asked the insurance frust to do a physical, it bankrupt the insurance trust and it got us in a position that we never want to go back City ofMiami Page 116 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 into. But if someone is ill, they feel bad, they are certainly allowed to go to their doctor and have themselves checked out. That's not necessarily having a physical. Commissioner Gonzalez: Thank you. Commissioner Sarnoff I have a question, Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff Armando, on -- with regard to Section 6, where it says upon ratification of this MO U (Memorandum of Understanding), all employees who received the notice of layoff from the City, included but not limited to employees in the academy and those who recently graduated from the academy, shall be notified that their layoffs have been rescinded. And it goes on to say there shall be no layoffs of any bargaining unit members, including the aforementioned. It's not your position that you represent any of these recruits in the collective bargaining agreement, is it? Mr. Aguilar: No, sir, it's not. It's just part of that agreement that no one will be laid off including the recruits. Commissioner Sarnoff Okay, thank you. Commissioner Regalado: Question, Mr. Chairman. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. Actually, it's more for the Administration. I do want to thank you for your cooperation. But see -- I'm seeing here -- and maybe you can help me out and the Manager -- additional departmental savings, $1.3 million. That came from the budget of the -- Mr. Hernandez: Of the Police Department. Commissioner Regalado: -- Police Department. And we spoke the other day about the roof repair. Actually, it's not a roof repair, but a new system to land the helicopter. And I was told by someone in the Administration, if you were to delay this not repair, but project, you will save how much? Because you still are like a million and a half short to finish the project. Is that correct, Mr. Manager? Mr. Hernandez: That's correct. The project is still lacking the full funding necessary to do it. Commissioner Regalado: Okay, but in order to do the project, you need to move the people from the fifth floor to trailers, right? Mr. Hernandez: That's not my understanding, sir. Commissioner Regalado: No? Mr. Hernandez: My understanding is that that's something that can be actually even done and provided for on the same floor. However, it's important to note that the general funding that would be available ifI was to delay the project may be $100, 000. Commissioner Regalado: It's $100, 000 from the -- Mr. Hernandez: Right. City ofMiami Page 117 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: -- general fund. Mr. Hernandez: Exactly. Commissioner Regalado: That's -- but if we don't find the other million, would it come from bonds or the general fund itself? And that's my concern. Mr. Hernandez: Right. The rest of the monies that we have to be used for that purpose would have to be capital -type dollars that could not be used for paying for personnel. So even in the event that we had the monies to do it, I could not use those dollars for personnel. The most I could use would be the only available general fund that may be attached to the project. Commissioner Regalado: Okay. That's general fund, so that's $100,000. I know that you have sent a directive requesting all the City cars back to the City and some of them will be sold. But the executive on the Police Department have rental. Have those also been eliminated on this budget? Mr. Hernandez: No, they're not. As a matter of fact, that's a subject matter that I have discussed at length more than once with the Police Department and we have scrutinized it to the nth degree, and I feel that the 1.9 million that we have there is totally justified. Commissioner Regalado: So in the budget, we're still paying for rentals for 26, 27 executives? Mr. Hernandez: It's probably for much more because we have the rentals also for -- Commissioner Regalado: No, no, for the undercover and all that. I understand -- Mr. Hernandez: Right. Commissioner Regalado: -- that. But I mean the commanders, the majors. It's rental; it's not lease. It's -- Mr. Hernandez: Exactly. It's rentals. Commissioner Regalado: -- rental. Can we not just look for an alternative to bring down that number? That's a lot of money from the Police budget. Mr. Hernandez: Commissioner, we could look for options. And as I told you before, on two separate occasions we discussed that internally and then with the chief and the deputy chief and I believe that operationally there are justifications for them to have it. I'm willing to go back and take another look at it, but it's been extensive as far as the scrutiny that we have concluded on that subject. Commissioner Regalado: No, I understand that. I understand, but since you're telling all the unclassifieds to use their cars and all the brunt of the budget deficit fell on the troops, I think that it's time to address the executive. Mr. Hernandez: Well, you have to understand that the executives are taking a heavy salary reduction. Nowhere -- I mean, they're in another galaxy compared to what other employees are taking, and that has to be taken into account, definitely. Commissioner Regalado: Well, everybody is. Mr. Hernandez: Well, they're doing it more, definitely more. City ofMiami Page 118 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: They're doing it more because they make more. Mr. Hernandez: Well, but -- Commissioner Regalado: But we are taking -- according to your tier, we're taking also a salary reduction. Mr. Hernandez: Well, they're taking a very heavy hit, and that should be recognized. And I think -- Commissioner Regalado: No, but that's not -- Mr. Hernandez: -- up to now it hasn't been. Commissioner Regalado: -- the point. The point is that I was sort of shock to learn how many rental, how many -- it's like $800 a month or something like that for a rental, where we can enter into some lease agreement and save some -- I mean, people do lease cars. But I just want to mention that, as part of the process -- because the union have offered concession and you mentioned here one departmental savings, 1.3. I think that it could be more, but I think we're -- I mean, I congratulate you and him for reaching this agreement. I'm just asking about other possibilities in case of the need for more cuts. Thank you. Mr. Hernandez: Thank you. Chair Sanchez: Questions on the FOP? If not -- Vice Chair Spence -Jones: I do have a comment, if you don't mind. Chair Sanchez: Okay, comment. Vice Chair Spence -Jones: I do want to -- I think we all should publicly acknowledge Armando and the FOP for really digging -- I'm going to use the word again -- deep to work with us. I really want -- and I'm sure I'm not the only person that feels this, butt want to at least publicly acknowledge you, Armando, and your whole team, you know, for sticking it out and really frying your best to work with the City and the Administration. So I just wanted to at least let you know that. We know that you're fruly committed to the men in blue and you're committed to this City. And I just wanted to tell you personally that we really appreciate you doing all that it took to keep the police officers on the street and to keep the -- you know, keep the City in good shape. So I just want to tell you thank you. Mr. Aguilar: Thank you, Commissioner. It's a been a very long month. As a matter of fact, this morning when I was getting dressed, my granddaughter asked me ifI was going to another meeting, and I said, yes, I am. And she pointed at the TV -- she's four years old -- and said would you at least say hello to me in the meeting. So, hello, Isabella. Hello, Mariana. Thank you. Are we going to vote on the ratification or --? It's an MO U. It's got to be voted for ratification. Chair Sanchez: We will vote on it, but hold on. There's questions on it. This question is directed to the Administration. In this MOU, ifI were to make a statement that the only reduction that affect the salary, not benefits, will be the deferment of six months of that 3 percent, Mr. City Manager? Mr. Hernandez: No. They also have three holidays that they're going to be working regular time or being paid -- City ofMiami Page 119 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Three -- Mr. Hernandez: -- to regular time. Chair Sanchez: -- or two? Mr. Boudreaux: Three holidays. Chair Sanchez: Three holidays, okay. Mr. Hernandez: Right. They have three. Chair Sanchez: Okay. All right. I need some clarity on this where it states in Section --Article 31, which is for -- which is the vacation, where it reads as follow. All hours occurred [sic] above 200 excess vacation should not be forfeited but should be carried over for the fiscal year 2010 to 211 [sic]. This provision should not prohibit bargaining unit members from cashing out occurred [sic] vacation hours upon separation. Can you explain that? Do we have a policy on that? Mr. Hernandez: When -- obviously, when an employee leaves, he's due all his vacation time that has accumulated. That item dealing with the FOP agreement says that for the year 2010, they would not be allowed to cash out any vacation pay. Based on history, we have estimated that amount to be 3.1 million. After 2010, in 2011 they would be able to go back to the normal practice that is in place today, which they can cash vacation pay with a cap of 200 hours per year. Chair Sanchez: Okay, so in other words, they're not going to be able to cash out any of their time for a year? Mr. Hernandez: Exactly. Chair Sanchez: Vacation, okay. That opens up two questions. One is what's the policy that we have -- I understand that the policy is that it's -- only cash out in an emergency or extraordinary circumstances to be able to cash out on those hours, correct? Mr. Hernandez: I know that they can request it and it's up to the discretion of Labor Relations and, in essence, up to the Manager to be able to grant it or not. Chair Sanchez: What happens in 2011 when they have all this hour [sic] and everyone's going to use it? What's going to happen to the workforce in the Police Department? Have you thought about the -- Mr. Hernandez: There will still be -- Chair Sanchez: -- that situation? Mr. Hernandez: -- capped at 200 in 2011 as far as being able to cash it out. Chair Sanchez: Okay, so -- but -- all right. Now on the annual physical examination program that's here, this -- it's my understanding this is not part of the collective bargaining agreement. This is part of the DO (Department Orders). What is -- why is this included in here? Mr. Hernandez: As far as I know, sir, that's a part of collective bargaining. IfI can get some help from staff on this, step up. City ofMiami Page 120 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Mirabile: Hector Mirabile, director of Employee Relations. That has been in the departmental orders for -- Chair Sanchez: Departmental order. Mr. Mirabile: -- even before I was a police -- in the departmental orders -- officer. It's been instituted for quite a while. It's attributed as a past practice, so under the articles of the collective bargaining agreement, the police officers -- for us to be able to go ahead and take that out, we have to negotiate -- well, negotiate or request from the unions to go ahead and allow what is materially in front of you to occur. Hope that answers that question. Chair Sanchez: And that's a savings of $539, 000? Okay. Mr. Boudreaux: Yes, it is. Chair Sanchez: Now, the last question that I -- I know Commissioner Sarnoff asked and I didn't quite get a clear understanding of this. The language at the end that there shall be no layoffs of any bargaining unit members, including the aforementioned. No layoffs, does that include the recruits? So if they are not protected by Civil Service rights --? Mr. Boudreaux: That includes anyone -- any of the positions that we had previously identified as being laid off not being laid off. Chair Sanchez: Okay. So the total savings is 9.7? Mr. Boudreaux: The total savings when you add in the departmental savings achieved through the Police Department, 9.7. But what's achieved through the agreement with the AFSCME, 8.4. Mr. Hernandez: And there was another 1.3 of departmental reductions that was achieved over a weekend when the chief and deputy chief met with us and they were able to identify those additional reductions. Chair Sanchez: Okay. All right. All right, thank you. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff Mr. Manager, building on what the Chair was discussing, it says request -- this is 31.7, page 58 of the FOP -- for vacation payout shall be submitted to the Department of Employee Relations division for Labor Relations for approval. Approval may be granted for emergencies or extraordinary circumstances. Proper backup documentation shall be submitted with a request for payment to the Department of Labor Relations director, whose decision is final. Decisions of the Department of Labor director Department of Employee Relations are not appealable in any form. So my question to you, based on your past practices, what is an emergency and what is an extraordinary circumstance? Mr. Hernandez: I'm going to allow Dr. Mirabile to answer that since he's more familiar with those details. Mr. Mirabile: Thank you, Mr. Manager. It -- exigent circumstances would include when the individual is in economic distress, has to show us that the individual is in economic distress at that point in time and then the determination is made to assist at that point or not. For emergency purposes would be a combination of multiple factors, which could be anywhere from City ofMiami Page 121 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 a medical situation where the individual does not have ready cash available and requires the money right away to go ahead and have deductibles paid or anything that they would need. Commissioner Sarnoff So just investigating your definition of extraordinary circumstances, could that person put himself in a financial crunch and that be an extraordinary circumstance? Mr. Mirabile: It has happened where individuals make poor decisions in financial terms, as many people do in their lifetime, and ultimately, they could use this as a method. Commissioner Sarnoff And has anybody ever approached you with the purchase of a home as an extraordinary circumstance? Mr. Mirabile: Sometimes in order -- go ahead -- in current situations for them to go ahead and get themselves out of a reverse mortgage of some sort, they have come to us for that as an extraordinary circumstance. Commissioner Sarnoff So the direct answer to my question, only in circumstances on a reverse mortgage have you ever approved a vacation payout in the term of extraordinary circumstance? Mr. Mirabile: No. I can't say that. That was just one of a myriad of examples. Commissioner Sarnoff So ifI were to say that in the past practices of the City, if a person came to you and they wanted to buy a home, you have in the past considered that an extraordinary circumstance? Mr. Mirabile: They have to prove to us that that home is imperative to their livelihood. In other words, just 'cause you want to go ahead and upgrade for a house is not just suitable, or just buying a house in itself now that's not necessarily an exigent circumstance. It's a totality of the picture that the individual has to portray to us. Commissioner Sarnoff So have you ever approved for an extraordinary circumstance the purchase of a vehicle? Mr. Mirabile: The purchase of a vehicle? Commissioner Sarnoff Yes, sir. Mr. Mirabile: I have not. Commissioner Sarnoff Okay. And past practices, has the City done so? Mr. Mirabile: To the best of my knowledge, we have not received that request at all for just the purchase of a vehicle. No. Commissioner Sarnoff Okay. Chair Sanchez: On that, that's one of the reasons why we directed the City Manager to come back with a clear policy as to the practices that have gone out. Now let me just run on his court there for a minute. Financial distress, would that be going through a divorce? Mr. Mirabile: That could be that, yes. Chair Sanchez: Okay. Sending a child through college? Mr. Mirabile: In certain circumstances, yes. I have approved, I believe, two, but there were City ofMiami Page 122 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 certain conditions that put the police officer -- I'm only talking about the police officer side 'cause there's other individuals -- Chair Sanchez: Well, this is not just an issue of the Police Department. This is just about everyone else that can tap into their vacation time. Mr. Mirabile: Right. Chair Sanchez: You know what? I'd like for you to put together a report to the Commission as to how those hours could be used and circumstances, how they've been applied for through your -- through the department. Mr. Mirabile: Very well, sir. How they could be used or how they were used? Chair Sanchez: No, how they were used. Commissioner Sarnoff Right. Mr. Mirabile: Were used, okay. Chair Sanchez: How they were used and a clear policy as to how they could be used. Mr. Mirabile: Yes, sir. Chair Sanchez: Okay. Mr. Aguilar: Commissioner, can I say something? Chair Sanchez: Yes, sir. Mr. Aguilar: There's been many other instances. I'll give you an example that, in hurricane season, people have -- Mr. Mirabile: Yeah. Mr. Aguilar: -- lost their homes and needed a place to stay. In -- as a whole, an officer's usually not encouraged to save their vacation. And when he takes all his vacation, it's actually a cost to the City 'cause they're not there to do their job. So I venture to say that paying off a vacation is actually more beneficial to the City than having the officer take the full allotment of vacation because then he's there to protect and serve. Chair Sanchez: And I agree with you. Like in every policy, there are those that abuse the policy and therefore put other people in jeopardy that respect the policies. And therefore, it is important for us to look at that policy whether use it or lose it and come back -- the Administration should come back within 30 days -- they were directed to bring back clearly a policy as to how those hours are all being used by City employees. I'm not against anybody using the time that they have. It just -- we need to make sure that people don't abuse those rights. All right. Commissioner Gonzalez: Armando -- Mr. Chairman. Chair Sanchez: Yes, sir. Mr. Aguilar: Yes, sir. City ofMiami Page 123 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Armando, let me ask you a question. If an officer wants to have a physical exam, can he go to the insurance -- can he go to a doctor and have a physical and be paid by the insurance company? I think it's -- you told me no, right? Mr. Aguilar: No. What it is is if an officer feels sick, obviously, he can go to the doctor and the doctor can determine what kind of tests need to be performed depending on how he feels. If he gets hurt on duty, it's a worker's comp issue anyway -- Commissioner Gonzalez: Right. Mr. Aguilar: -- so he's covered either way. I think that we just recently finished with our physicals late this year, so I know from -- for example, mine was just about a month ago or two months ago. I don't think there's that big a danger into them going a year without a physical. Commissioner Gonzalez: You don't think so? Mr. Aguilar: No, sir, I don't. Commissioner Gonzalez: All right. Mr. Aguilar: If not, I wouldn't have done it. Commissioner Gonzalez: All right. Thank you. Mr. Mirabile: And Commissioner, just for the record, I advised the -- I ill-advised our Manager into that. I verified with our FOP Health Trust and Armando is correct. There is an exclusionary purpose inside the actual FOP Insurance Health Trust that does not allow police officers to go ahead and do just regular physicals. Anybody else can that's in there; for example, retirees. And the reason for that is the inherent cost associated whereby the City can negotiate a better rate with hospitals than an individual can, so that's the primary reason. Commissioner Gonzalez: All right. Mr. Mirabile: So my apologies for the misinformation. Chair Sanchez: All right, moving along. We go to the next one. Is that going to be AFSCME Local 1907? Mr. Boudreaux: Yes, sir. Chair Sanchez: Okay. Mr. Boudreaux: For the general employees, AFSCME Local 1907, the concessions were to provide the across-the-board salary increase, the 3 percent across-the-board increase that was scheduled for October 1; however, also increase members' contribution to the GESE pension from 10 percent to 13 percent, which will save approximately $2.8 million. There's also included in that $6 million number the City -sponsored DROP program that was approved at the last Commission meeting, approximate savings, 1.7. No 3 percent across-the-board increase for members currently in the DROP program. Allow the same as for police, no vacation payouts from accrued vacation balances in 2010 for $812,000 of savings, and two furlough days in 2010, for an approximate savings of $548, 000. The savings so far is about 6.1. When you back out the City -sponsored DROP program, the savings is about 4.3. So the concessions when you don't include the City -sponsored DROP program from the AFSCME 1907 was approximately $4.3. Commissioner Gonzalez: If you add up -- I'm sorry, Mr. Chairman. City ofMiami Page 124 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Yes, sir. You're recognized on AFSCME Local 1907. Commissioner Gonzalez: If you add up what they have given up on the 3 percent from this and the 3 percent from that and the 2 percent from the other thing, how many -- what percentage have they given up? Mr. Boudreaux: Well, from the context of foregoing any increases, essentially, they're still going to get their 3 percent increase on October 1. Commissioner Gonzalez: They're not going to get it? Mr. Boudreaux: They will -- Commissioner Gonzalez: They will. Mr. Boudreaux: -- still get their 3 percent increase on October 1, but their pension contribution to the GESE pension -- Commissioner Gonzalez: Went up 3 percent. Mr. Boudreaux: -- will increase also by that same 3 percent. Commissioner Gonzalez: All right. Mr. Boudreaux: So the tradeoff is is that the City will be paying less in annual pension contributions to the GESE for that amount, and that's where the savings are going to be realized. The other savings is for those that are not -- that are in the DROP program. As you're aware, if you're in DROP, you do not pay pension. So for the members that are in the DROP, they will not receive a 3 percent increase on October 1. Commissioner Gonzalez: Okay. Mr. Boudreaux: The value of the two furlough days, which is estimated about $548, 000, is also going to be salary foregoing for the 2010 year that they will not receive, but their rate of pay will not change. Commissioner Gonzalez: All right. Like I said at the beginning, I think that we need to look at these positions that are vacant and we should defer filling these positions for a year so we can avoid -- because who knows? Maybe in a year, things will change, there will be more job opportunity out there and then it will be different. But this year, we need to save as many people as possible, so that is my proposal. Commissioner Regalado: And what -- you have those positions budget. Mr. Hernandez: Sir, (UNINTELLIGIBLE) on those positions. I know that the ones at the bottom are Community Development and they do not involve general fund. The ones in the middle are communications assistants that are for the Police Department, and that's one of the most difficult positions that we have in the City to fill, so those we have to maintain open to actually fill with communications personnel. We're looking at the ones at the top to see if we have any ones there that we can take. Commissioner Regalado: But what Commissioner is saying is you take those positions and save whatever the number, the same number of people. Is that --? Mr. Hernandez: Right. I justgave you the answer to it. City ofMiami Page 125 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: No. I understand what you said, but you said -- Mr. Hernandez: The ones that we're looking -- Commissioner Regalado: -- on the first group -- Mr. Hernandez: On the first group, I'm -- Commissioner Regalado: -- these -- Mr. Hernandez: -- checking to see which ones may be vacant that we can actually, you know, eliminate so we can save additional (UNINTELLIGIBLE). Commissioner Regalado: Yeah, but Commissioner Gonzalez brought an important issue, the $1.5 million unexpected from Florida Power & Light franchises. Is that -- that wasn't budgeted by you. Mr. Hernandez: It was not. Commissioner Regalado: It was not. So this could be used to save -- Mr. Hernandez: Definitely. Commissioner Regalado: -- jobs. Mr. Hernandez: And that's my recommendation that, in essence, that 1.5 additional from the FP&L franchise and also the additional $300,000 that we have saved from the FIPO administrative budget that that 1.8 combined be added to the AFSCME proposal to bring it up to the 7.8 million. Commissioner Regalado: And how that translate into jobs? Mr. Hernandez: When -- if we do that and we bring them up to the 7.8, then what I have remaining is 86positions ofAFSCME. Commissioner Regalado: All of them fill? Mr. Hernandez: Yes. Commissioner Regalado: Eighty-six. Mr. Hernandez: Yes. Commissioner Regalado: And without the 1.5 and the 3,000 [sic]? Mr. Hernandez: Without the 1.5, it'll be probably another 30 on top of that. Commissioner Regalado: Okay. Thank you, Mr. Chair. Chair Sanchez: Okay, questions. I have -- just for the point of clarification on this, I'm a little confused here. We're giving them a 3 percent increase, it says it here, effective October 1, 209 [sic], employee shall receive across-the-board wage increase of 3 percent, as outlined in Article 24. And then effective the 1st, 209 [sic] and continuing through September 30, (UNINTELLIGIBLE) employees will contribute to the GESE pension plan shall increase from 10 City ofMiami Page 126 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 to 13 percent. So basically, we're giving them a 3 percent and they're putting that money into the pension. Mr. Boudreaux: Essentially, that's what they're doing, Commissioner, correct. Chair Sanchez: So we're giving them a 3 percent so they could put towards their pension? Mr. Boudreaux: Yes, sir. Mr. Hernandez: But in essence, Commissioner, the way that it works is that it reduces the City's contribution to the pension. So, in essence, I think that that's probably the best way for employees to contribute because it helps the City and it helps them. Chair Sanchez: Okay. Back again on the vacation hours. Clearly, the same thing, we need to have a better defined policy as to how vacation time can be used, and if we're going to be moving into the "use it or lose it" concept of the City, I believe that this article needs to be followed with good, defined policy, which the City does not have at this time. And what's sad about this is that this agreement, which I don't believe that it's been agreed upon yet -- has it? Mr. Hernandez: This is the -- Unidentified Speaker: AFSCME? Chair Sanchez: Yes. Mr. Hernandez: AFSCME, my understanding is that they do have, at least from the membership, a strong vote of support based on a sfraw vote. Chair Sanchez: But still, once again, for the record, the 86 employees, based on this agreement, will lose their jobs. Mr. Boudreaux: That is correct. Chair Sanchez: That is correct. All right, thank you. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Gonzalez: Mr. Manager, going through this list, for example -- well, you're budgeting five positions of communication assistants. You're going to need -- what tells you that you're going to need five communication assistants for the Police Department? Mr. Hernandez: Commissioner, I'm going to ask either the chief or deputy chief to come and answer that question. 'Cause I know for a fact that it's very, very difficult to get individuals to fill those slots, extremely difficult. Commissioner Gonzalez: Yeah, but you're going to -- are you going to be required to hire all five at one time or all five in one year? Mr. Hernandez: I think I have Adam Burden coming to the podium and he should be able to answer that question. Assistant ChiefAdam Burden: Adam Burden, assistant chief Miami Police Department. Question? City ofMiami Page 127 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: The question has to do with communication assistants. We have five vacancies and the question is whether we actually need those five vacancies for 2010. Assistant Chief Burden: Yeah, absolutely. It's one of the most difficult and most critical positions that we need in the Police Department. Commissioner Gonzalez: Yeah. I know that, but my question is this, how long has this position been vacant? Assistant Chief Burden: Those -- that position is a high -- it's also a high turnover. We don't keep 'em vacant as long as we used to in the past because the salaries improved about a year ago. So that position's been vacant about a couple of months, but -- Commissioner Gonzalez: All five positions? Assistant Chief Burden: Not all at one time. They -- you know, they periodically change. You know, three, maybe four, but we try to get 'em in. It's extremely difficult to get 'em in as far as the background, as far as their training, as far as all of those things are considered, and that's one of the reasons why it stays vacant at some period of time, but we've had some success recently as far as filling 'em, so I don't anticipate it remaining vacant for long. As soon as we open up and we start hiring, we'll be able to fill those positions. Commissioner Gonzalez: Are you covered on all your shift now with the operator assistants or we're having a deficit on personnel to handle calls? Assistant Chief Burden: We always have a deficit. It's a very tough job. People take time off, they need time off. And we need these positions to keep operations -- Commissioner Gonzalez: I know it is a tough -- Assistant Chief Burden: -- going. Commissioner Gonzalez: -- job, but let me tell you. We also have PIO (Police Information Officers) who are sworn police officers who, according to my belief should be out on the field doing patrolling or doing law enforcement and they're speaking on cameras, on TV. You could use civilians for that because Hialeah has always used civilians for that, always. And we have sworn police officers as PI0s, okay. So, you know, to me, honestly -- you want me to tell you the truth? To me, this is a cushion. To me, this is a cushion. You know, you have here one, two, three, four finance revenue collection inspectors. I've been crying about this position for the last eight years because we're not collecting enough occupational license and certificate of use. And I'll tell you, it has never been done. Now we decided to hire five revenue collection inspectors. Commissioner Regalado: But they're going to fire four. Commissioner Gonzalez: Huh? Commissioner Regalado: They are going to lay off four Finance -- Commissioner Gonzalez: Four. Commissioner Regalado: -- Department inspector, the ones that -- Commissioner Gonzalez: Right. City ofMiami Page 128 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: -- collect about a million dollars in CUs (Certificates of Use) and fine. Commissioner Gonzalez: Right. Commissioner Regalado: I don't understand why they're budgeting those position if they're going to lay off four of the inspector plus two temporary inspector, six. Commissioner Gonzalez: I think that -- you know, in the situation that we are today, I think that on those communication assistants, we should try to reduce a little bit the amount of positions that you're requesting here, you know, and start building up dollars. Let me give you another example. System Analysis Senior, 63,680; Geographic Information System [sic] Developer -- what a title -- $56, 000; Surveyor Senior, 68,000; Plumbing Inspector -- I don't -- I didn't know that we had so many inspections to do. Nobody's building anything -- another $62, 000; Auto Equipment Operator -- I don't know what that is. Is that a person that operates a car or --? Auto Equipment Operator, another 46 -- Communication Operations Supervisor, $73, 000; Park & Recreation Manager II, $85, 000. I mean, we're asking our present employees to cut their salary, to cut their benefits, to cut their pension, to cut everything, and we're coming up with this list? I mean, this is absurd. To me, it's absurd. Chair Sanchez: All right. We're still on AFSCME 1905 -- 1907, I'm sorry. Any other questions? All right, let's get back to that 'cause I just wanted to -- the 86 positions that we'll be eliminating, there are 28 positions that are the NET positions in that group. Mr. Boudreaux: Yes, sir. Chair Sanchez: Okay. And AFSCME -- the City proffered to put in 1.5 FPL franchise fee and an additional 300 that FIPO put in -- Mr. Boudreaux: That's correct. Chair Sanchez: -- to balance that, and they voted it down? Mr. Boudreaux: Well, the part that the AFSCME 1907 did vote for -- Chair Sanchez: Did they vote it down? Mr. Boudreaux: Could you repeat the question, Commissioner, to make sure I understand it correctly? Chair Sanchez: It wasn't voted down? Mr. Cox: We just found out about it tonight. Chair Sanchez: Okay. Mr. Boudreaux: The concessions for which the AFSCME 1907 did provide through their straw vote was the pension -- Chair Sanchez: Right. Mr. Boudreaux: -- the furloughs, two days -- Chair Sanchez: Right. Mr. Boudreaux: -- the vacation payouts -- City ofMiami Page 129 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Okay. Mr. Boudreaux: -- the foregoing of the 3 percent for members in DROP. Chair Sanchez: Okay. Is that it? What did that total? Mr. Boudreaux: Not including the City -sponsored DROP program, 4.3. Chair Sanchez: And that would have saved the 87 positions? Mr. Boudreaux: No, sir. Chair Sanchez: Okay, that would have not saved the 80 [sic] positions. And that was voted down? Mr. Boudreaux: It would have saved some of the 87, but not all of them. Chair Sanchez: My understanding, there was -- Charlie, was there a vote? Mr. Cox: Absolutely. Chair Sanchez: Was there a vote? But was there a vote by your members? Did your members get to vote on this? Come on up. I want to ask you that question directly, sir. Mr. Cox: There was a concession package that I put out the first time -- Chair Sanchez: And -- Mr. Cox: -- that did not include any of this stuff. There was a whole bunch of stuff that was included. On the NET -- on the -- you wanted to talk about the NET. Chair Sanchez: No, no, no, no, no, no. I just wanted to find out all the positions. There were 86 positions there. Mr. Cox: No. There was 87 positions. If you look out there, I put a funeral out there of 87. They came back and said there's 210 positions that we have to get back. Some of those things that they asked for -- In the beginning of the negotiations, the numbers kept changing -- Chair Sanchez: Right. Mr. Cox: -- and my members voted -- I could not take it back to 'em because then I couldn't have done something different. They voted -- Chair Sanchez: What was the vote? Mr. Cox: -- against it. There was 52 yes votes and all the rest, 700 and something, no votes. Chair Sanchez: Seven hundred and something no votes. Mr. Cox: But that was the first concession that the City came up with. Let me start out by saying first that this is the first I've heard about these that they're willing to give us, and l thank 'em dearly for that. Chair Sanchez: Okay. City ofMiami Page 130 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: But -- Chair Sanchez: Thank you. Mr. Cox: -- I just did another vote -- never mind. Chair Sanchez: No, no. What was the vote? You did another vote? We're not aware of another vote. We haven't had -- the City Manager has not instructed us through a redline memo or any type that you have had another vote and you approved what you're negotiating. Vice Chair Spence -Jones: Charlie, this is about -- come on, it's about the City employees. To me, it's not even about them. Tell us 'cause we need to know. If there was another vote - Mr. Cox: We did a vote -- Vice Chair Spence -Jones: -- let us know. Mr. Cox: -- yesterday on the concessions that we're willing to make. It passed 670-something to 97 no. Chair Sanchez: Okay. Mr. Cox: That way we can enter into a memo of understanding with them. Chair Sanchez: Okay. Thank you. Vice Chair Spence -Jones: Thanks. Commissioner Regalado: But on that package, the 1.5 from FPL franchise wasn't there. Mr. Cox: No. I just thank you for that. I didn't know about that 'til just now. Commissioner Sarnoff No. Your total value was 6 million on that vote, correct? Commissioner Regalado: Right. And then -- Mr. Cox: Yes. Commissioner Regalado: -- we can add 1.5, like Commissioner Gonzalez proposed, plus 300, 000, which will increase your value. Mr. Cox: It should decrease the layoffs, yes. Commissioner Regalado: Right. But still, the Manager said that even if we include all that, it will be 85 lay off. Commissioner Sarnoff Eighty-six. Mr. Cox: Eighty-six. Mr. Hernandez: Eighty-six. Commissioner Regalado: Eighty-six instead of? City ofMiami Page 131 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: One sixteen. Commissioner Regalado: One sixteen. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: All right, Commissioner Gonzalez. Commissioner Gonzalez: The Manager is working on that vacant list to see how much more dollars we can identify out of that list so we can save some more positions. Let me tell you. To me, this is frustrating, even though we don't have any control over it because it's -- Community Development is grant funded and all that, but the fact that there is -- in Community Development is incredible. It is totally incredible. And for either one of you that is running for mayor and might be elected, that's a place for you to look at, okay. You don't want to hear the things that happen in Community Development, all right? So -- Commissioner Regalado: Yes, we do. Chair Sanchez: Thank you. Commissioner Gonzalez: -- you know, just keep it in mind. Both of you, keep it in mind. Chair Sanchez: Thank you. Commissioner Gonzalez: But it is frustrating that, you know, these people are going to be spending $683, 000, almost $700, 000, in a time of crisis to fill vacant positions. Chair Sanchez: George. George Mensah: George Mensah, director of Community Development. Those positions are not budgeted. As a matter of fact, they are vacant because Community Development has had reduced administration funds from federal government for the last few years. So we need those positions, but we cannot budget them because we don't have enough money to cover them. Commissioner Gonzalez: And how come they appear here as vacant positions and they're budgeted at the level of $683, 735? Mr. Mensah: That's incorrect. That's incorrect, sir. Commissioner Gonzalez: Then where did this list came from? This list must have been coming from the Administration. Mr. Mensah: Probably it is current year. We have a new budget which none of those vacant positions were budgeted. This probably is the current year. Some of those positions I really need. I wish I had them, but I just don't have the funds for them. Commissioner Gonzalez: You don't have the fund for them? Mr. Mensah: No. Commissioner Gonzalez: Mr. Manager, what is this list? This list came out from your Administration. Mr. Boudreaux: Commissioner -- City ofMiami Page 132 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: I didn't make this at home. Mr. Boudreaux: -- let me clar -- Commissioner Gonzalez: I didn't make this at home. I just got here at City Hall this afternoon and I was handed this list. Where did it came from? Mr. Boudreaux: Commissioner -- Commissioner Gonzalez: Who made this list? Mr. Boudreaux: -- if you give me an opportunity to clarify, Commissioner, I probably can. Mr. Hernandez: My understanding is it might have come from another source outside of the Administration. Commissioner Gonzalez: From another source? They are well documented because they talk about -- Mr. Hernandez: Well -- Commissioner Gonzalez: -- percentages, 20 percent, 80 percent -- Mr. Hernandez: But it's sort of obsolete at this point. Commissioner Gonzalez: -- position numbers. Mr. Hernandez: My -- Commissioner Gonzalez: I mean, the whole nine yard -- position classifications -- Mr. Hernandez: But it's not up-to-date -- Commissioner Gonzalez: -- job code. Mr. Hernandez: -- and it can be misleading when you look at it that way. And I don't know if that's the intent of it, to misguide people. Commissioner Gonzalez: But so far, you haven't denied -- so far -- it might come from another source, but well documented source because so far you have not denied the fact that all of these positions have been budgeted and all of these communication assistant have been budgeted -- Mr. Hernandez: Yes. Commissioner Gonzalez: -- okay, and you're working on that list now. Mr. Hernandez: Yes. Commissioner Gonzalez: So it is granted that this list exists. Am I correct? Mr. Hernandez: The positions do exist, they're budgeted. The information there is not up-to-date, is not correct. Some of the positions are filled. As I'm working on right now -- I've identified the ones that are vacant and I'm working on providing a figure that would total the number of vacancies that we can, in essence, freeze. City ofMiami Page 133 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: All right. Mr. Hernandez: Michael. Mr. Boudreaux: Commissioner, just to clarify that list that you have. When the budget is prepared for the position budgets, it's as of a certain date that the position budgets are developed. In this case, the position budgets were developed based on a June 30 date. The information that you have could have been positions that were in the Community Development fund, but since that time, the Community Development fund has this new budget for 2010, which likely will not include those positions that you see listed. So as of that particular day -- and as you know, the budget is a fluent [sic] document that is changing -- ever changing. These positions have been changed, according to Mr. Mensah, to be not included in the 2010 Community Development fund budget. Commissioner Gonzalez: But you know what? My feeling about Community Development is that it is the best business any government can have because mostly, they depend on the work that outside agency do for them so they can get the 20 percent of the total grant, okay. And then you know what? They drive the Community Development offices or the CBOs (Community Based Organizations) and the CDCs (Community Development Corporations) -- they drive them crazy with regulations and requirements and the whole nine yard, and I ask myself who demand from them and who supervise them, you know. And I have always said it. I said it ever since I used to work for a CBO, okay. So, you know, how -- Mr. Mensah, would you please come to the podium? How many deputy directors do you have in your department? Mr. Mensah: I have four. Commissioner Gonzalez: Four. Mr. Mensah: Yes. Commissioner Gonzalez: At a level of about -- Mr. Mensah: No, no. Commissioner Gonzalez: -- $100, 000 each, right? Mr. Mensah: Sorry, sorry. Not deputy director. I have one deputy director and three assistant directors. Commissioner Gonzalez: And three -- one deputy director and three assistant director. Mr. Mensah: Yes. And that's what it has been for the last few years. Mr. Commissioner, let me probably -- Commissioner Gonzalez: Let me tell you -- Mr. Mensah: -- give you -- explain something to you. Commissioner Gonzalez: -- it's nothing personal, nothing that reflects on you. It's the way that that department has been run for the last -- ever since I know the department, okay. Thank you very much. Chair Sanchez: All right. Any further questions on AFSCME 1907? If not, we'll move on to the next, and that should take care of all the agreements, and then we could address the budget. City Manager, before we go any further, do you want to --? City ofMiami Page 134 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: I think the next one is the AFSCME 871, which, in essence, has been ratified and also approved by the City Commission. Is that correct, Mike? Chair Sanchez: Just -- Mr. Boudreaux: That is correct. It was -- Chair Sanchez: -- go through it, and if there's any questions -- so that way we could get it out of the way and we could focus on the budget. Mr. Boudreaux: Okay. At the last Commission meeting, the AFSCME 871 sanitation included the same across-the-board salary increase, 3 percent, being provided with an increase in the members' GESE pension contribution from 10 to 13 percent; also, provide a 3 percent across-the-board salary reduction for members making more than $50, 000 per year, $36, 000 was the estimated savings. No paid additional holiday pay for nine holidays in 2010, $198, 000 saved. They deferred their longevity, 26,000 saved. They deferred anniversary pays for $179, 000 saved. And then all members agreed to make a 0.7531 percent across-the-board reduction for a total savings of $59, 000. The total AFSCME 871 savings was $745, 000, with the additional buyback option for which you approved or you considered the use of the solid waste fee increase to allow us to buyback 700 -- $474, 000 worth ofAFSCME 871 positions for 13 positions. So all in all, you allowed us to consider the concessions by the AFSCME 871 union, for a total of $745, 000, and on top of that, we were able to buy back their 13 positions at $474, 000. Chair Sanchez: Okay. Any questions on that agreement? If not -- we did the Fire already. Mr. Boudreaux: Yes, sir. Chair Sanchez: That was the first one. I just had an opportunity to read this agreement, and there's one thing -- first of all, on the Fire Department, I see that there -- it's a 5 percent plus a 2 percent, so they're giving up 7 percent reduction. Mr. Boudreaux: One is foregoing their 5 percent and the other one is making a reduction of 2 percent. Chair Sanchez: Overall, 7 percent. But there's one thing that I read here and I highlighted and I want you to explain to me since we're trying to get a grip on the pensions and we're frying to get this City back on its track. I marked it. Let me -- just give me a minute to find it. All right. It's pertaining to the EMTs. And it states, effective October 1, 209 [sic], state -certified EMTs shall have their pay reduced as if their base pay had not been increased by a 5 percent and shall have the state -certified EMT give 5 percent carried as a supplement pay item. Supplement, that's pensionable, correct? Mr. Boudreaux: Well, yes, it is, Commissioner. But at the same time, they will -- it was built in their base salary. Before, in the previous confract before the new confract was approved, they were receiving that as a supplement. So their previous contracts had it as a supplement to their base pay. The only thing we're doing is reapplying that from the old confract. So the old contracts had it that way. Chair Sanchez: So they always had a 5 percent? Mr. Boudreaux: They always had a 5 percent EMT supplement to their base. Chair Sanchez: All right. But you are aware of that? City ofMiami Page 135 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: Yes, sir. Chair Sanchez: Okay. All right, that takes care of the agreements. The agreements have been discussed. Now what we'll do is we'll go straight into the -- we're going to have to approve the millage again. Ms. Bru: You've already approved -- Chair Sanchez: Approve the millage. Ms. Bru: -- you already fixed the millage. Chair Sanchez: That's right. Mr. Boudreaux: You adopted the final millage. Chair Sanchez: It's the budget and then several other items that we have. Ms. Bru: Right. And you do have to vote on these memorandum of understandings [sic], so you have the Fire and you have Police because AFSCME, until it's final with the membership, you don't have to vote on it. Chair Sanchez: Well -- Ms. Bru: So you have to -- Chair Sanchez: -- where does that put us? Where does that put us in a position where it's the 11 th hour, they have not reached an agreement, an official agreement? Where does that put us having one -- and that was one of the concerns why, you know, I had some hesitation as to delay it, butt knew, giving them a little bit more time, we would be able to come to an agreement or at least an amicable agreement. Mr. Hernandez: Mr. Chairman, personally, I don't see a problem with it because their straw vote in reference to the plan that they have is very strong. So I don't see a problem with that item going to the membership on a final vote -- Chair Sanchez: All right. Mr. Hernandez: -- and be approved. "[Later...]" Vice Chair Spence -Jones: I just have a -- Thank you, Mr. Chairman. I do have a question for the Administration regarding basically all the concessions that were made by all of the unions. And I guess the thing that's like puzzling me on all of this -- and I'm thankful for Fire and I'm thankful for FOP and I'm thankful for Sanitation coming to the table, and I'm sure Charlie and them have been beating their heads frying to get this done 'cause they want to save the City employees. We all know that. But I want to understand, Mr. Manager and Larry, real fast before we close out on this issue, when I start looking at the savings, you know, the firefighters, 10 million, FOP, 8.4 million, and I start looking at the concessions ofAFSCME at 6.1, it's obvious to me that -- and should be obvious to all of us that between AFSCME and Sanitation, they could never compete with the type of savings that Fire and Police are offering. And from the briefings and stuff that I've gotten regarding this issue, it seems as though, you know, we're asking AFSCME to agree to something that clearly -- I mean, in comparison, they could never be there, so it's -- to me it's like asking them to do something that we know that they can't do, you City ofMiami Page 136 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 know, and I'm just frying to understand -- I mean, in my briefing, we talked about it being $6.1 million, but we want them to go to how much, Mr. Manager? Commissioner Gonzalez: Eight million. Vice Chair Spence -Jones: No. They told me -- How much, Mr. Manager? Mr. Hernandez: Okay, beyond the 7.8, what is required -- Vice Chair Spence -Jones: Right. Mr. Hernandez: -- is an additional 4.8 million. That I even offered at one point to split the cost with them -- Vice Chair Spence -Jones: Okay, I -- Mr. Hernandez: -- and that was turned down. Vice Chair Spence -Jones: -- just want to know what the bottom line anticipated savings is. Is it 6.1 ? Is it 7.8? Is it 12 million? What is the number? Mr. Hernandez: It's 7.8 plus 4.8. Vice Chair Spence -Jones: Seven plus -- so that's almost $12 million -- Mr. Hernandez: Okay. Vice Chair Spence -Jones: -- right? Mr. Hernandez: And out of that, you have to take into account that there is a DROP incentive that is 1.7 that we're guaranteeing. There is a 1.8 that we just put in, and in the 4.8, at one point, I offered to cover half. So when you look at it, the numbers do change in their favor, definitely. Vice Chair Spence -Jones: But I guess what I'm trying to understand -- and again, I don't want to hold anybody else up, but I mean, we all have to ultimately vote on the budget, but it just seems like to me, when I look at these other two unions, you know, that clearly -- you know, we can't even compare the two -- you know, it's almost $12 million we're asking for AFSCME to pull out of the hat, regardless of what kind of concessions you're adding on top of that. I mean, we're not even asking Fire and Police to do the same thing, you know, so -- Mr. Hernandez: Commissioner, if you look at what they have proposed now, it's not -- you know, it's okay, but it's not nothing out of the ordinary. Vice Chair Spence -Jones: Yeah, but -- Mr. Hernandez: It's not. Vice Chair Spence -Jones: I'm just -- I'm really talking to you and I'm also talking to my fellow colleagues. I mean, it's black and white. I mean, you can color [sic] coat it as much as you want. The reality is is when I look at it, I see $10 million anticipated from Fire, 8.4 anticipated from -- I mean, 8.4 from Police, 6.1, which is all -- it all equates in the end, whether or not you give something, take something. At least another 11 million is coming from AFSCME, and I'm just frying to understand why are we asking for -- I mean, I just don't understand or get why we're trying to drag AFSCME, you know, below the ground to get -- to make up the City ofMiami Page 137 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 shortcomings, you know, so I don't understand it. I really don't. I mean, it's -- and these are all City employees, as well. I don't get it. So -- and you haven't really been able to communicate it so thatl can get it, so it's hard for me to either -- even compute what you showing in front of me. Mr. Hernandez: Okay. Well, maybe just to clarify. Out of the first 7.8 that we asked for their commitment, we're backing up 3.5. Vice Chair Spence -Jones: Okay, but -- Charlie -- where's Charlie? Can you please come up, Charlie? Because the -- I'm so thankful that all the other unions, we were able to work through it and get it done, and I want to feel the same way aboutAFSCME. I want us to figure out a way to resolve this issue, you know, so -- and Charlie has been trying and you guys have been frying. I don't want to take anything away from that, but I'm just frying to understand what the number is and why there is such confusion. So explain -- Mr. Hernandez: Commissioner, in essence, if you allow me. Charlie and I, I think that both, we have been working extremely hard, and I know he's done his best in trying to help and cooperate and I thank him immensely, but you can only squeeze this so much. It gets to the point that you have to accept the fact that at some point you cannot save everyone, to be honest. Vice Chair Spence -Jones: Okay. We already very clear we're not saving everybody. That's clear that we're not saving everyone. I mean, even with whatever concessions that we want them to make, we're not saving everyone. That's not what I'm asking. This 6.1, is this what -- is this the savings that Charlie's giving to us -- AFSCME's giving to us? Charlie, is this the savings that you guys have offered? Mr. Cox: I've offered what I've offered -- every time -- I don't know because they're coming up with the numbers. Vice Chair Spence -Jones: That's -- Mr. Cox: I'm not. Vice Chair Spence -Jones: No, but -- okay. What I'm trying to understand and we want the world -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- to understand -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- that's watching -- what we have on this screen, it says the anticipated savings is 6.1. Mr. Hernandez: Yes. Vice Chair Spence -Jones: I'm assuming you're in agreement with the 6.1. Mr. Hernandez: Yes. Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: Okay, yes. Okay. What you -- what the City actually needs is what? Mr. Hernandez: It would be 7.8. City ofMiami Page 138 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay. Mr. Hernandez: However, we -- I have recommended that we use the FP&L franchise fee additional and the 300, 000 from FIPO to get them up to 7.8. Vice Chair Spence -Jones: Okay. So Charlie, he's got you up to the 7.8, correct? Mr. Cox: Yes. Vice Chair Spence -Jones: 'Cause they're offering that. Mr. Hernandez: And -- Vice Chair Spence -Jones: Okay, let me just stop -- 'cause I want -- Mr. Hernandez: Okay. Vice Chair Spence -Jones: Everybody else up here might understand it, butt want to make sure I understand it and my constituents understand it because they're not going to understand not having a NET office and everything else that they need to have in their community, so they need to understand what's happening. So, Charlie -- you just gave Charlie the additional that he needs in order to make -- to get to the 7.8, correct? Mr. Hernandez: Yes, but -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- once you get to the 7.8, you still have 86 positions affected. Vice Chair Spence -Jones: Okay, that takes us there. Okay, I'm great. So, Charlie, they've given you the 7.8. We're at 7.8. What is the shortfall, Mr. Manager, for the extra 86? Mr. Hernandez: Four point eight. Vice Chair Spence -Jones: Okay. So actually, you're not really asking Charlie -- you're not really giving Charlie -- you're giving him one point whatever, but really, you really want 11 million from Charlie? Mr. Hernandez: If you want -- Vice Chair Spence -Jones: I'm just -- Mr. Hernandez: -- to save and protect every one of the employees. Vice Chair Spence -Jones: Every single employee would be protected for an exfra $4 million. That's what you're telling me? Commissioner Sarnoff Four point eight. Mr. Hernandez: Four point eight. Vice Chair Spence -Jones: Four point eight. Mr. Hernandez: Yes. City ofMiami Page 139 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: That means those 86 employees would be gone -- would be here, still here? Mr. Hernandez: Yes. Vice Chair Spence -Jones: Okay. God, we're -- Okay, so, Charlie, if that $4 million is there that covers your 86 employees that you've been fighting for -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- is there an existing number out there beyond those 86 that you're concerned about? Mr. Cox: I'm only concerned about the ones that are going to hit the street. Vice Chair Spence -Jones: Excuse me again, sir? Mr. Cox: I'm only concerned about the ones that are going to hit the street, the 86. Vice Chair Spence -Jones: Right. Okay. The 86 is what you're concerned about, right? Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: Okay, so let's put a pin in that. So for $4 million -- I just want us to be -- that's the missing -- Mr. Hernandez: Four point eight -- Vice Chair Spence -Jones: Okay, 4.8 is the -- Mr. Hernandez: -- and that's to save the 86 employees -- Vice Chair Spence -Jones: -- that's to save -- Mr. Hernandez: -- that are AFSCME. Vice Chair Spence -Jones: -- that are AFSCME employees. That doesn't deal with the unclassified employees, right? Mr. Hernandez: Correct. Vice Chair Spence -Jones: So, Mr. Manager, can you tell me what that number is? Mr. Hernandez: At this point, we're dealing with 86 filled positions that are AFSCME and 73 positions that are nonunion. Vice Chair Spence -Jones: Okay. Mr. -- What's your name? -- Boudreaux, the seven -- Chair Sanchez: Let's -- Vice Chair, you have the floor, but we were about to vote on the FOP. We will get to --AFSCME is the next MOU. Vice Chair Spence -Jones: Yeah, but I -- can --? I didn't say anything this whole time y'all was talking about all this other stuff. Okay, you had an opportunity to go through everything you want. I didn't even open my mouth. I might have said one word, so allow me to speak, Mr. City ofMiami Page 140 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chairman, please. Chair Sanchez: I've always allowed you to speak. Vice Chair Spence -Jones: Okay, so thank you. Chair Sanchez: I'm just frying to get some order in this meeting so -- Vice Chair Spence -Jones: Thank you. Chair Sanchez: -- we could fry to get out of here by midnight. Vice Chair Spence -Jones: Thank you. So the 73, what is the dollar amount on the 73? Mr. Boudreaux: The 73 nonunion employees, I think we have here on the slide -- estimated savings on the 90 -- 73 is about 9.9 million we should be saving. Vice Chair Spence -Jones: Okay, 9.9 million? Mr. Boudreaux: For the nonunion positions, yes, ma'am. Vice Chair Spence -Jones: Okay. And then for the -- just so that I'm clear, for the AFSCME, the number was how many again? Four point -- Chair Sanchez: Eight. Mr. Boudreaux: Four point eight -- Vice Chair Spence -Jones: -- eight -- Mr. Boudreaux: -- for the AFSCME. Vice Chair Spence -Jones: And that keeps the 86 employees, correct? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. All right, so -- all right. That's what I wanted to be clear on. So Mr. Chairman, now that I'm really clear on what needs to happen, I just wanted to -- Chair Sanchez: All right. [Later... ] Chair Sanchez: All right. Before we go on to the next item, just -- which at this time, I think we need to -- Mr. City Manager, we've taken care of the MO U -- just for the record, I wasn't too thrilled about the MOUfrom the Police Department. I think we could have done a little better, butt need to take into consideration that 177 police officers could have lost their jobs, and I don't believe this is the time for the City -- for us to be firing police officers. So I do want to take this opportunity to praise the Administration and the FOP for coming to this MOU and present it to the Commission for approval. But once again, I just want to state that I'm not too thrilled with the MO U from the Fire -- from the Police Department. From the Fire, they did make a 7 percent reduction. It's a step in the right direction to try to get this city back on track, and above all, once again, they were the smart ones, to be honest. Because in the public perception, they were the ones that -- it wasn't a right time for them to fight. They knew that the City is in financial crisis, and I believe they did the right thing for their members and the City. Now I do think that other unions need to do the right thing to make sure that people don't lose their jobs in these City ofMiami Page 141 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 tough times. So having said that, I take the opportunity to thank everyone who's labored so hard to get this done. And I think that overall tonight, we need to get this budget balanced and we need to approve it 'cause we're down to the wire. Tomorrow is the last day, and hopefully, we need to do it today. So at this time, what we have -- we're still on the budget. So I'll recognize Commissioner Gonzalez, then the Vice Chair. Commissioner Gonzalez: All right. The Manager has identified, out of those vacant positions, 600, 000, right? Mr. Hernandez: Correct. Commissioner Gonzalez: Six hundred thousand, and he's identified another 200, 000 from other two sources. He's telling me that -- Mr. Manager, would you just like -- Mr. Hernandez: Sure. Commissioner Gonzalez: -- to explain that you -- (UNINTELLIGIBLE) find -- Mr. Hernandez: I have the -- Commissioner Gonzalez: -- a million dollars? Mr. Hernandez: -- 600, 000 from freezing those positions. I have 109,000 -- Commissioner Regalado: A hundred nine thousand this year and a hundred and nineteen thousand next year. Mr. Hernandez: Correct, and that's from having the Litter Busters actually do the maintenance of the circles. Commissioner Regalado: Of the circles. Mr. Hernandez: So I have that 109. I'm going to take the general fund money that's in that heliport project, the 100, 000, plus or minus, that is there, put it together with this, and I am committed to basically, in essence, find the other 100 and whatever I need to get to a $1 million commitment towards saving additional AFSCME positions. Commissioner Gonzalez: All right. Another question that I want to ask you -- Madam City Attorney, and I want you to be listening to me in case I'm going to go into deep water, you stop me, okay? I would like to know how many budgeted funded vacant positions we have in CD (Community Development). Can anybody answer that? Mr. Hernandez: Commissioner, I'll get you an answer very quickly. Vice Chair Spence -Jones: Funded vacant? Mr. Hernandez: George is coming back out. Commissioner Gonzalez: Vacant funded positions. Mr. Hernandez: Michael, do you have an idea there? Mr. Boudreaux: No, sir, but here's Mr. Mensah. Vice Chair Spence -Jones: Can I piggyback on his comment? 'Cause I'm still stuck on that 9.9. City ofMiami Page 142 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The 73 non -classified positions, while he's bringing it up, the 73, how many of the 73 are vacant? Mr. Boudreaux: The 73 positions that I'm listing is filled nonunion positions, and let me clar -- Vice Chair Spence -Jones: I know, unclassified, so how many are vacant? Mr. Boudreaux: Filled. All filled. All 73 -- Commissioner Gonzalez: They're all filled. Commissioner Sarnoff Filled. Mr. Boudreaux: -- are filled. Commissioner Sarnoff They're all filled. Vice Chair Spence -Jones: So there's no -- Commissioner Sarnoff They're all people. Vice Chair Spence -Jones: -- out of the 73, you're telling me there's no vacant -- Commissioner Sarnoff They're all people. Vice Chair Spence -Jones: -- positions? Mr. Boudreaux: No, ma'am. They're all -- Commissioner Gonzalez: They're all -- Mr. Boudreaux: -- filled. Commissioner Gonzalez: -- actual bodies. Commissioner Sarnoff Right. Vice Chair Spence -Jones: 'Cause the number I had was 37. Mr. Boudreaux: Of filled positions? Vice Chair Spence -Jones: Vacant positions. Mr. Boudreaux: Okay. The breakdown that you see on your screen shows that there's 73 positions filled, 37 vacant, for a total savings of 9.9. Let me clarify and break up this amount. The filled positions -- actually, 73 positions, will save the City approximately $7.2 million. And the 37 vacant, nonunion positions will save the City 2.7. The total anticipated savings, 9.9 for the both. Vice Chair Spence -Jones: I guess what I was frying to understand, if you back out the 37 -- wouldn't you back out the 37 out of the 73? Mr. Boudreaux: No. There's a combined total. That's what the 110 is reflecting, 110. Commissioner Sarnoff Mr. Chair? City ofMiami Page 143 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: That don't make sense. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff You know, it's a good time to break into this segue because none of these unclassified people have a Charlie Cox promoting them, have an Armando Aguilar promoting them, have a Bobby Suarez promoting them, and I realize they're all evil because they wear ties and I realize they're probably no good because they're not union, but these are real people. I'm being facetious, in case anybody doesn't get it. You know, this is a Daisy Rodriguez. This is a Kirk Menendez. This is a Catherine Senza (phonetic). This is a Lucas Folche [sic]. This is a Chueva (phonetic) Lazaro. This is a Zack Evangelista, a Marsha Valenzuela (phonetic), a Natasha Williams, a (UNINTELLIGIBLE) Daniel. These are all people that are actually being asked to leave as we speak, and a few that I've mentioned have already left. And while it's not popular to not be in a union in the City, they have a pulse and a heartbeat just like everyone else. They have a home in peril and they have a livelihood and maybe a family member to take care of. So I know it's always fun to dump on the guys with the ties, but nonetheless, nobody here has been promoting their cause. They were the first to go. And let me just say one last thing about the folks that are taking salary reductions. That's a real salary reduction. Fifteen percent on a crescendo going down to six percent, that's going to change people's lives. So I realize we're all giving accolades to the union guys for stepping up and doing the right thing, but just remember this. It was the nonunion people that fell first. They were on the front line of this budget crisis. For those that are -- you know, Charlie, we could easily have a body count out there of 73 nice gravesites. And I know everyone comes up here and is going to demand some way we find money in the cushions. Those people are the cushions. Those people are gone. So just take a moment and ask yourselves -- as everybody says, well, I'm not going to take a 6 percent cut on my $52, 000 salary. Be lucky you have a salary. Chair Sanchez: I -- Commissioner, ifI may add on that 'cause I think it's very important. If you look at this tough budget -- and it has been an extremely tough budget -- and you talk about -- and you compare union versus nonunion. And you're absolutely right. There are those that have representation and those individuals that are in front of us today that representation is doing everything they can to save their jobs. But let's talk about the nonunion employees, the ones that you mentioned and many others that are taking a 6 percent to a 14 [sic] percent salary cut. Given that situation, I'll tell you this much. They're very grateful that they're going to have a job in this tough economic times. And I want to take that opportunity to truly thanks [sic] those that have made that sacrifice and not being selfish because in these tough times, you cannot be selfish. This is a new economy, not only happening here in Miami; happening throughout the United States. On the other hand, the 90 percent of the workforce is being represented by a union. We have been working in good faith with the unions and have -- we're making progress today because as we continue to address, we're able to save jobs. But let's talk about the contributions that have been made by nonunion employees. They've contributed $11 million in cuts, while the unions, which is 90 percent, over three times the size, has only contributed $8 million in some even debatable cuts. Ladies and gentlemen, these are tough times, and we're faced with making some very tough decisions in the City. But let me tell you that no one is immune from what's happening, and it's not only happening here in the City; it's happening in Coral Gables. It's happening the County. It's happening everywhere. So hopefully, those of you who have not made a sacrifice, who have not reduced your salary or have made a sacrifice to make sure that your coworker saves his job, shame on you. 'Cause at the end of the night, I don't care what we do, we're not going to be able to save everybody, although we're trying to save a lot. But let me just tell you something, folks. Those of you that failed to take that into consideration knowing that many out there have had to make sacrifices in the private sector, where they've taken a 10, 15, 20 percent reduction to make sure that they still have a job and they could look to the right and the left and find that their coworkers still have a job, those of you who refuse to make that sacrifice, shame on you. It is your conscious [sic]. Then tonight when City ofMiami Page 144 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 this decision is made -- 'cause we have to balance a budget. There are some things here that I have to swallow that I don't like, butt know that I have to balance the budget. I know that I have to get police officers out on the street. I know that we got to continue to provide the same level of service or maintain the best possible level of service in these tough economic times. But when it's all said and done, let it be on your conscious [sic] that some people were let go because you refused to make sacrifices. All right. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: You're recognized for the record. Vice Chair Spence -Jones: I'm just sorry. I just want to make sure that I understand. I'm going back to my nonunion positions -- and I do agree with Commissioner Sarnoff and Commissioner - - excuse me, Chairman Sanchez regarding -- and a lot of the talk has been about the unions, and I think that it's been -- a lot of the talk has been about that because from the negotiation standpoint, I guess, between the Manager and union folks, we know that we had -- we knew that we had to start from there first before we could even begin looking at anything else. But from D5 standpoint, District 5, I've always focused my attention on nonunion positions, and you know that, Mike, in every discussion that we've had. I think about all the City employees, union or nonunion. I'm just kind -- maybe I'm just not getting it. When I look at this screen at number 6, it says 110 nonunion positions, right? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Seventy-three people are working, correct? Mr. Boudreaux: It's 73 filled, working individuals. Vice Chair Spence -Jones: They're working. They're bodies moving around, right? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. Then you show me 37 positions vacant. Explain how do you show me 37 -- To me, when I see that -- and I know the public sees that -- they have to think, okay, that means the positions are vacant, meaning nobody's in them. Mr. Boudreaux: In order to balance this budget, we're proposing out of the nonunion -type classifications to eliminate a total of 110 positions. Vice Chair Spence -Jones: But that's going around the question. Mr. Boudreaux: Well, I'm -- Vice Chair Spence -Jones: I'm frying to look at this screen -- Mr. Boudreaux: Okay. Vice Chair Spence -Jones: -- okay. I want to understand when you say 37 positions vacant, that's giving me the anticipated savings of 9.9 million. That means you are anticipating those 37 positions having a dollar amount attached to 'em. That's what you're telling me. When I see the final savings on that, 9.9, that means somebody's in that position getting money. I don't care how you look at it. So -- correct? Mr. Boudreaux: Correct, but let me clarify what your meaning is. Thirty-seven positions, we always budget positions for the City, Commissioner. Those 37 positions either will be filled, City ofMiami Page 145 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 would have been filled in 2010, or remain vacant in 2010. However, reviewing these positions, they were decided to be eliminated, okay. Vice Chair Spence -Jones: Okay. Mr. Boudreaux: So the positions in this sense represent the nonunion classification, so in this point here, we're recommending that they be eliminated to help save the City money for next year. Vice Chair Spence -Jones: I know that. So if that is -- then if that's the case, then those 37 positions that are vacant, to me, it seems like it should be backed out of 73? Mr. Boudreaux: Not -- Vice Chair Spence -Jones: Because you're telling me altogether it's 110 people. These are people. I'm talking about people. Mr. Boudreaux: We're talking about -- Vice Chair Spence -Jones: You're telling me 110 people equate to 9.9, correct? Mr. Boudreaux: We're saying that 110 positions equate to $9.9 million in savings. Vice Chair Spence -Jones: Exactly. So does that mean that this 37 positions is backed out? Mr. Boudreaux: Of which 37 positions are vacant, so the remaining 73 positions are filled. So that means that out of the 110 nonunion positions that we're proposing to eliminate, of those 73 are filled, plus 37 are vacant to arrive at the 110. Should you allow us to eliminate those 110 nonunion positions, then it will save the City an anticipated $9.9 million. Vice Chair Spence -Jones: Okay, so then tell me what you'll save me ifI take the 37position -- the vacant positions out. What happens then? Mr. Boudreaux: The values of the 37 positions are only about $2.7 million of that -- Vice Chair Spence -Jones: That's what I've been asking. Mr. Boudreaux: -- 9.9. Vice Chair Spence -Jones: But that's what I've been asking you, and you've been talking about everything else but that. Mr. Boudreaux: Well, I believe I said earlier on that -- Vice Chair Spence -Jones: I wrote down -- Mr. Boudreaux: -- when I broke down -- Vice Chair Spence -Jones: -- everything you told me. I didn't hear no 2.7. Mr. Boudreaux: When I -- okay. Vice Chair Spence -Jones: So the 37 positions, which nobody's in now, will equate out of the budget 2.7 million coming out of that 9.9, correct? City ofMiami Page 146 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: When I came back to the mike, Commissioner, I broke down the filled and vacant -- Vice Chair Spence -Jones: Okay, is that the seven -- Mr. Boudreaux: -- and the value of them. Vice Chair Spence -Jones: Right, and you gave me the -- and that's the 7.2? Mr. Boudreaux: Seven point seven and then two point -- I mean -- I'm sorry. Let me clarify. Vice Chair Spence -Jones: So -- Mr. Boudreaux: Seven point two and two point seven. Vice Chair Spence -Jones: -- we're only looking for 7.2? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: So -- Commissioner Regalado: Mike, let me ask you. Madam Chair, ifI may? Vice Chair Spence -Jones: Yes. Commissioner Regalado: We -- I think that -- I believe where this is going, and it's about the reserves. To balance this budget year, 2009, we have a deficit. Is that correct? Mr. Boudreaux: We are forecasting a deficit. That's correct. Commissioner Regalado: Okay. Deficit of this year, the budget that we approved last year, is about $20 million -- Mr. Boudreaux: That is correct. Commissioner Regalado: -- or more. Where are we going to get that money? Mr. Boudreaux: Well, over that period from when we initially identified this deficit, we fried by doing certain things such as purchasing freeze, hiring freeze so that we won't have such a dip into the fund balance. Of course, if we're unsuccessful in trying to minimize that, all the loss that we realized in 2009 will be in the -- will hit the City's general fund balance, so it will all come from the general fund balance. Commissioner Regalado: And that means that we have now, in the fund balance, 80 -- how much we have now in --? Mr. Boudreaux: We started the year off with $93 million. We have a $20 million loss. It would drop it down to $73 million. Commissioner Regalado: To 73. And the requirement is to have the 10 percent of the last -- Mr. Boudreaux: We will fall below the City's financial integrity requirement. It will require us to come in front of you with a corrective action plan to get us backup to the level to meet financial integrity principles. City ofMiami Page 147 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: Right. But you have a designated and -- Mr. Boudreaux: And an undesignated. Commissioner Regalado: -- (UNINTELLIGIBLE). Mr. Boudreaux: Yes, sir. Commissioner Regalado: You're budgeting for this coming year $5 million on -- Mr. Boudreaux: We're not utilizing any fund balance for the next budget year, and that's not -- and we're not proposing to use any fund balance in the 2010 budget. Commissioner Regalado: Right, I understand. Mr. Boudreaux: Okay. Commissioner Regalado: But you still have budgeted five undesignated, five million. Mr. Boudreaux: We -- in this year's budget, we did budget five undesignated use offund balance. Commissioner Regalado: And we already used it. Mr. Boudreaux: Yes, sir. Commissioner Regalado: We already used. Mr. Boudreaux: We already forecast that that will be used at the end of this fiscal year. Commissioner Regalado: Is it anything on this budget that you budgeted in excess, say Risk Management, for -- 'cause you budgeted for this coming budget -- Mr. Boudreaux: In reference to the 2010 budget -- Commissioner Regalado: Right. Mr. Boudreaux: -- it's pretty hard to say with Risk because of the myriad of costs associated with it. It has worker's comp claim, which we've seen an excessive amount in 2009. It has the regular insurance payments that are required each period. So because of the fact that Risk Management has some uncertainty in its costs, I cannot say that the amount that we have currently is too much or too little. Right now, I can only say, based historically and what we've been seeing in 2009, that I would hope that it's a sufficient amount based on our estimates and hope that the worker's comp, medical payments, and other type of claim payments will not exceed that. Commissioner Regalado: But it's more than you budgeted on this year. Mr. Boudreaux: This year it was, but please keep in mind, Commissioner, that when we proposed the 2009 budget, one of the things that we requested was to use or back out 5 million out of Risk for the worker's comp claim or litigated claims to be paid out offund balance. Commissioner Regalado: And the -- Mr. Boudreaux: So -- City ofMiami Page 148 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: -- fire fee -- Mr. Boudreaux: The fire assessment was paid out in 2007 fiscal year, okay, so that -- Commissioner Regalado: (UNINTELLIGIBLE) out this year. Mr. Boudreaux: It was expended -- or the expenditure occurred in 2009, that's correct, but the actual expense was realized in 2007. So what will happen is that that impact will be -- was accrued back to 2007 and will not be reflected in the 2009 actuals. Commissioner Regalado: So there is no more flexibility in this budget that we're doing today? Mr. Boudreaux: For 2010, I would have to say, no, sir. Considering, I do feel a lot comfortable about this budget because of how we addressed the special pay issues, that was a concern. Special pays were some concerns for me in 2009. This is one of the reasons why we're looking at the issues that we're looking at in 2009 and I'm glad to see that we're able to address most of it for 2010. Commissioner Regalado: Okay. Commissioner Sarnoff Well, you probably have not budgeted, to be quite frank with you, an adequate amount in Risk and in special pays simply because there will -- historically, what happens in large corporations, or especially, municipalities when there are layoffs, people usually file worker's comp claims and people usually give the -- and what we had on was a run on the vacation pay to the bank. Mr. Boudreaux: We had a run on the vacation pay here within the last couple of weeks. Commissioner Sarnoff Right. You had a line at the HR (Human Resources) door for a while. Mr. Boudreaux: Well, we had a substantial amount of people that decided to cash out their vacation time for whatever reasons, one being probably the scare that was put into them a few weeks ago, but you know, once again, the uncertainty of these type of payouts creates a problem, and I -- Commissioner Sarnoff Right. Mr. Boudreaux: -- feel a lot more comfortable in 2010 in handling that situation by the amount of special pays that we put in. Commissioner Sarnoff Well -- and in the 2009 budget, you had hoped to go below a $20 million hit in your reserve, and as a result of people going to the vacation bank and paying it out, that put pressure on the upper -- Mr. Boudreaux: That was a very small part of the reason for the 20. The other -- the biggest reason is because of collection slowdown. Commissioner Sarnoff Right. People are not paying -- Mr. Boudreaux: Collection slowdown was the biggest issue that we faced in 2009. Commissioner Sarnoff -- their taxes at the rate that you anticipated. Mr. Boudreaux: That, along with the interest collection on various interest revenue, along with City ofMiami Page 149 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 the building -related revenue, along with the state -shared revenue; all of these things put a big drag on 2009. Commissioner Sarnoff What -- at what rate did people pay their taxes in '09? Mr. Boudreaux: '09 -- I would say less than approx -- I would say, approximately 90 percent. Commissioner Sarnoff Right. I -- Mr. Boudreaux: And we've been averaging about 92, 93 percent, so it's -- Commissioner Sarnoff Right. Mr. Boudreaux: -- (UNINTELLIGIBLE). Commissioner Sarnoff I had heard it was something like 89.5 percent. Mr. Boudreaux: Okay. Commissioner Sarnoff Okay. And you have projected people to pay their taxes in '010 [sic] at what rate? Mr. Boudreaux: Well, once again, we still projected it at about 92 percent. Commissioner Sarnoff So we know that's probably unrealistic. Mr. Boudreaux: Yes, it is probably unrealistic, but we would hope that 2009 will not repeat itself in 2010. You know, one year of aberration cannot be dictated into next year. We have to see how everything pans out. Commissioner Sarnoff Well, Michael, do you think people are better off today than they are or will be in three months? Mr. Boudreaux: Not particularly, Commissioner. Commissioner Sarnoff Right. So do you really believe in your heart of hearts that a 92 or 93 percent collection rate is realistic? Mr. Boudreaux: I do believe so since the millage rate was kept at a reasonable flat rate. Commissioner Sarnoff You think people are going to go run to pay their taxes and say I got a good deal? This is -- they held that rate. Mr. Boudreaux: And that's why we're going to keep an eye on it, Commissioner, and hopefully, that 92 percent will be realized. Commissioner Regalado: Can I --? Commissioner Sarnoff Let me just close by saying I think your 3 percent high and 3 percent on a two hun -- or a three hundred million dollar ad valorem is a significant amount of money. I think people's homes are going to -- as the foreclosure crisis continues, you're going to have collections paying at a much slower rate. You may have earlier years picking up to some degree, but I don't believe you're going to be at a 92 percent rate, and I think that's part and parcel of why you better be very careful of your projections. City ofMiami Page 150 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Commissioner -- Vice Chair Spence -Jones, then Commissioner Regalado. Vice Chair Spence -Jones: I just have some like little questions regarding key little issues that were important to me within this budget, and I'm still working on these numbers so thatl can fully understand it. But real fast, based upon the budget that you presented, Mike, I'm just curious, are the directors -- do they know the impact --? Like, I know -- are they clear about what the reduction's going to be regarding the budget? I mean, it's like I'm hearing that it's 8 percent. Are they clear on that? The directors understand the 8 percent cut? Mr. Boudreaux: Very -- Commissioner, yes. Vice Chair Spence -Jones: Well, maybe it's not for you. It's really for the Manager. Mr. Boudreaux: Okay. Vice Chair Spence -Jones: 'Cause, really, it was the Manager that would have to -- Mr. Hernandez: Is the question as to whether they're aware of reductions to their personal compensation? Vice Chair Spence -Jones: Right. Is it across-the-board? Like ifI called the director of -- I don't know. I don't put anybody on -- Mr. Hernandez: Well, I sent out a memo about ten days ago very clearly saying what it is. Vice Chair Spence -Jones: Right, so -- Mr. Hernandez: Very clear. Vice Chair Spence -Jones: -- everybody knows they're going to get an 8 percent cut? Mr. Hernandez: Eight or nine or ten, depending on their salary. Vice Chair Spence -Jones: Okay, so -- you just said eight -- between eight and ten percent. Mr. Hernandez: Well, it's a tier salary reduction -- Vice Chair Spence -Jones: Right. Mr. Hernandez: -- that goes from like 6 percent at around 40-some thousand to 12 percent at 200. Mr. Boudreaux: Six percent for those making 40,000 to 49,000 a year up to fifteen percent for those that are making 250,000 or more. So it's a tier re -- Vice Chair Spence -Jones: So a person making $40, 000 is going to use -- lose 6 percent? Mr. Hernandez: Yes. Vice Chair Spence -Jones: I just -- because, you know, we've gone back and forth on -- especially those ones that are making like 40, 50 grand, you know. Six percent, seven percent out of their money is a lot of money. I mean, in some instances, you know, it pays their mortgage, or at least, you know, goes towards their mortgage. So I thought that that was something that we were looking at from a different perspective. So everybody understands, you know -- City ofMiami Page 151 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: That, I believe, is very clear on the nonunion employees. Vice Chair Spence -Jones: Okay. Let me get one of the City employees so I just can hear for myself so that I'm clear. George -- I don't want to pick on you, George, 'cause Gonzalez has already been talking you to death tonight. No other City employees in here, so you're the lucky guy tonight. Mr. Mensah: It's okay. Vice Chair Spence -Jones: Okay. Is there another one, City employee? Unidentified Speaker: I'm a City employee for Information Technology. Vice Chair Spence -Jones: Are you the director? Unidentified Speaker: No. Vice Chair Spence -Jones: Okay. I'm talking about a director. Everybody ran away, huh? Poor, George. I'm sorry. Mr. Mensah: It's okay. Chair Sanchez: The salary reduction is based on the tier -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: -- system that we have. Mr. Mensah: It's based on tiers. Vice Chair Spence -Jones: But all of your -- I'm just curious. Are -- all your employees understand that it goes --? Mr. Mensah: Yes. All my -- Vice Chair Spence -Jones: There's no confusion from your perspec -- from you guys' perspective? Mr. Mensah: No. My employees who are nonunioins are aware that their salary will be reduced by the tier amount, yes. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And -- Vice Chair Spence -Jones: Everybody's scared to talk. Okay. Don't be scared now. Okay, the other question I had -- I just wanted to be clear. I want to move on to NET real fast 'cause you know that's been something I've been fighting for big-time. Mr. Hernandez: Commissioner, ifI may -- Vice Chair Spence -Jones: Sure. Mr. Hernandez: -- on the subject of the question that you had to Mensah. City ofMiami Page 152 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay, where's --? Mr. Hernandez: Those individuals are basically unrepresented. Vice Chair Spence -Jones: Who? Mr. Hernandez: The individuals that we were talking about, the directors -- Vice Chair Spence -Jones: Yeah. Mr. Hernandez: -- and nonunion people. And I think the belief among them is that -- Vice Chair Spence -Jones: Okay, I got -- here, I got one. I have one, I'm sorry. Mr. Hernandez: -- it's been -- Vice Chair Spence -Jones: Peter, are you coming out to respond to this? Mr. Hernandez: -- that I'm being -- Vice Chair Spence -Jones: Peter will respond. He'll be the next lucky guy. Mr. Hernandez: -- too strict, too abusive on them and it's totally unfair with respect to the other people. And to a degree, it's right. However, they're the senior management of the City and they have to lead by example. Vice Chair Spence -Jones: Yeah. Mr. Hernandez: And in talking to Peter this morning, we were talking about whether I could achieve the same result, the same bottom line, by working with reduction in furloughs because, to them, furloughs may be more acceptable -- Vice Chair Spence -Jones: Than -- okay. Mr. Hernandez: -- or I could do a hybrid. Vice Chair Spence -Jones: I got you. Mr. Hernandez: Or I could do, for example, if a director is going to be hit at 10 percent, maybe I could do a 5 percent reduction and the other 5 percent in furlough days at least to soften the blow somewhat because I think that they -- as long as I get the same bottom line -- Vice Chair Spence -Jones: Yes. Mr. Hernandez: -- I'm considering that because I've heard the complaints, and I think it's a fair cry. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And Peter -- I would like for Peter to -- Vice Chair Spence -Jones: Yeah, and I think it's -- Mr. Hernandez: -- actually speak. City ofMiami Page 153 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: -- important because you have City employees that are scared to death in the back. So I think it's important to at least make sure we understand what kind of impact it's having and you guys understand. Now I'm hearing from the Manager that, in some instances, you will be flexible, as long as they meet the bottom line. Mr. Hernandez: I would like to be because, as a matter of fact, this morning I was talking with Peter about that same issue, and I think that these employees do have a point. And I would like to have the ability to be able to balance it between reductions and furloughs in order to soften the blow to them. Vice Chair Spence -Jones: Okay, so that is understood by all the individual -- You have a comment on it? Peter Korinis: Peter Kornis, chief information officer. Commissioner, I think in answer to your question, do the employees, the unclass -- understand what the percentage cut is, I think the answer is yes. In my case, I know it's 10 percent, so I understand that -- Vice Chair Spence -Jones: Yeah. Mr. Korinis: -- very clearly. And as the Manager said, we are talking about options of furloughs as a portion of that amount this morning. Mr. Hernandez: Coming to the same bottom line. Mr. Korinis: Pardon me? Mr. Hernandez: Same bottom line. Vice Chair Spence -Jones: As long as you -- the same -- Korinis: (UNINTELLIGIBLE) are coming to the same bottom line, which would be a 10 percent or a 12 percent or whatever and dividing that between a salary reduction and some furlough days to equal the same amount -- Vice Chair Spence -Jones: Okay. Mr. Korinis: -- as a possible alternative. Vice Chair Spence -Jones: Okay, I just wanted to make sure that that's clear. The other question I had -- Thank you, Peter. Mr. Korinis: Thank you. Vice Chair Spence -Jones: -- is NET 'cause, you know, I've been really pushing NET. Mr. Hernandez: Right. Vice Chair Spence -Jones: Where's -- is the NET director here? Commissioner Gonzalez: You have two sitting here. Chair Sanchez: No, no, no, no. Vice Chair Spence -Jones: The NET director. City ofMiami Page 154 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Yeah, he's back there. Commissioner Gonzalez: You mean administrator. Vice Chair Spence -Jones: Where? What's --? Okay. Well -- I mean, Pablo, can you -- is -- one of you -- can somebody --? Chair Sanchez: He's coming. Vice Chair Spence -Jones: Oh, okay. He's coming. Haydee Wheeler (NET Administrator, Northeast Coconut Grove): Is it a question about (UNINTELLIGIBLE) --? Vice Chair Spence -Jones: Yes, Haydee. I didn't know you were here. Okay, I didn't see you. Well, both of you guys can come up, actually. That's fine. David, so that I can understand and Haydee, so that I can understand. I know this is something that I know I've been fighting very hard and I know people like Gonzalez and I understand how important definitely NETs are to Allapattah and our areas -- and Regalado, you got -- you do too. Chair Sanchez: Everybody has NETs. Vice Chair Spence -Jones: Everybody does. So my question becomes -- I know that originally the amount that you guys presented was 4.5, right? David Rosemond: The -- good evening. David Rosemond, NET director. The original budget amount was $4.4 million. Vice Chair Spence -Jones: Okay. Mr. Rosemond: We made reduction of 1.4 -- Vice Chair Spence -Jones: Okay. Mr. Rosemond: -- so we ended up with a budget of $3 million. Vice Chair Spence -Jones: Okay. Mr. Rosemond: Now we have since then done subsequent reductions and we are around 2.6. Vice Chair Spence -Jones: Okay, so -- Mr. Rosemond: Now -- Vice Chair Spence -Jones: -- this -- so I just want to be clear 'cause when I talk to the Administration, they don't know what I'm talking about. So we went from $4.4 million all the way down to $2.6 million. What kind of impact -- does that mean that the employee -- are we losing any employees in there? Mr. Rosemond: We are only losing one single employee in the whole structure and two temporary employees. I also want to make sure that -- and I'm sorry. I have a cold and I've been feeling pretty bad. That's why I was in the back. Vice Chair Spence -Jones: Yeah. City ofMiami Page 155 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: I have some of my colleagues here who have been willing to do a voluntary furlough in addition to the reductions -- tier reductions in salary so that we can keep the department alive. Vice Chair Spence -Jones: Okay. We all understand how important NETs are in our neighborhoods. I mean, they become our mini city halls. People are intimidated with coming to MRC (Miami Riverside Center), so you know that I've been fighting to figure out a way. So we are down to $2.6 million, with only losing one employee out of the NET administration and we still would be able to provide the same quality of services to our residents throughout the City, correct? Mr. Rosemond: Right. What we have done is we have collapsed three of the NET offices into other areas -- into other -- but we will still be able to cover the entire city. Vice Chair Spence -Jones: So you have made that reduction. So we're looking -- from your perspective, that 4.4 that we're looking at is not a real number. The number -- Mr. Rosemond: That was the original budget. Vice Chair Spence -Jones: -- is 2 -- Ms. Wheeler: That was actually '09 budget. That was not the proposed '10 budget. Ms. Thompson: I'm sorry. You need to speak on the mike. Ms. Wheeler: I'm sorry. This is Haydee Wheeler, Northeast Grove administrator. The 4.7 was the proposed in your book, but that's actually the budget that we had last year. Vice Chair Spence -Jones: Okay, and out of that $2.6 million, if we're able to -- 'cause my colleague has found some money for Charlie them over there, which is great. Out of that $2.6 million, 23 of those employees are Charlie's employees, correct? Mr. Rosemond: Twenty-eight. Chair Sanchez: Twenty-eight. Vice Chair Spence -Jones: Twenty-eight. Mr. Rosemond: A million three, a million four. Vice Chair Spence -Jones: So a million what now? Mr. Rosemond: Three, a million four. Vice Chair Spence -Jones: A million three, a million four. Mr. Rosemond: Correct. Vice Chair Spence -Jones: So that leaves -- that a million three, a million four out of two point six leaves us with what? Mr. Rosemond: It leaves us with 1.2. Vice Chair Spence -Jones: So we only have a one point -- City ofMiami Page 156 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: But the -- there is the $500, 000 for the Litter Busters, Graffiti -- Vice Chair Spence -Jones: Oh, that's out of your budget now too? Mr. Rosemond: Right. It was out, but we're saying if we keep it the way it is, it will be 1.3 plus the $500, 000, so those are the numbers that we have. Vice Chair Spence -Jones: So the total number that we need to find for NET if we -- if my colleague has already found some monies to assist Charlie, would be how much left over? Mr. Rosemond: The -- my final calculation, my final number is $867, 000. Vice Chair Spence -Jones: So we're only trying to find $867, 000? Mr. Rosemond: Right. Mr. Hernandez: No, no. Because that's assuming that the 28 individuals -- Vice Chair Spence -Jones: That's what he just said. Mr. Hernandez: -- in the 86 are, in essence, saved. Vice Chair Spence -Jones: That's -- Mr. Rosemond: Yeah. That's what said. Vice Chair Spence -Jones: -- what she just -- that's what he just said. He just said if we had the 86 positions -- okay, we understand that -- that were necessary for Charlie, out of that, you know the 23 come from the NET anyway, which go -- Mr. Rosemond: Twenty-eight. Vice Chair Spence -Jones: -- toward your bottom line. Twenty-eight, I'm sorry, go to your bottom line. So really that number is 800, if the Charlie portion of it works out. Mr. Rosemond: Right. Vice Chair Spence -Jones: Correct? Mr. Rosemond: Correct. Vice Chair Spence -Jones: All right. I just wanted to -- just be clear on it. What's --? Commissioner Sarnoff You're still a long way away from making Charlie's budget. So far Commissioner Gonzalez has found $800, 000 -- Mr. Hernandez: Right. Commissioner Sarnoff -- and their shortfall is, to get all 86 people, correct me if I'm wrong, Mr. Manager, 4.8 million. Vice Chair Spence -Jones: Yeah, I know. Commissioner Sarnoff So we're still 4 million away -- City ofMiami Page 157 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: I know. Commissioner Sarnoff -- from no reductions -- Vice Chair Spence -Jones: I know. Commissioner Sarnoff -- in AFSCME. Vice Chair Spence -Jones: Right. Commissioner Sarnoff And I do have a slight question, and forgive me for saying it like this. But here I'm hearing that NET's been operating at $4.4 million, but we could do the same job for $2.6 million. I'm a citizen watching this and I'm going to say to the City Manager, shame on you. Vice Chair Spence -Jones: All right. And I'm going to say this to you. Chair Sanchez: All right. Vice Chair Spence -Jones: I don't want us to go back and forth. Our purpose for being up here right now, I can't speak for you, butt got to speak for the people that I represent, and I represent a district that depends on NETs, okay, where in your instance, it may not -- you may not -- necessarily -- your constituents may not depend on NETs to be able to provide services. So when we all sat down -- let me finish -- and had our briefings with the Manager and the staffers, we all chose things in the budget that were important to our districts, okay. I just want to be afforded the opportunity to figure out a way to save as many of 'em as possible. I would hope you would want to afford me the opportunity to do that. Commissioner Sarnoff I do. I only -- Vice Chair Spence -Jones: And the whole purpose of us having this discussion tonight -- I'm assuming the only time that we could have this discussion is for us to fry to figure out how. Now if you are proffering in the midst of all of this, well, you know -- well, in my area, I don't mind -- because we all have to make sacrifices. I wouldn't want you to do it, but if you had to, I don't mind -- I don't necessarily need the NETs in my district, you know. Commissioner Sarnoff Commissioner, I'm merely asking a question of NET. When they come in and they say, well, we were budgeted 4.4 million, but we could do it for 2.6 million. Mr. Rosemond: I can answer that question. It's very simple. Commissioner Sarnoff I'm questioning now why did we have a $1.8 million surcharge for the past couple of years. Mr. Hernandez: Commissioner, I think it's important -- Chair Sanchez: Guys -- Mr. Hernandez: -- for the record to state that the overall budget included the Graffiti and Litter Busters and also the homeless that are now funded separate from their NET -exclusive proposal. Commissioner Sarnoff And that is a $1.8 million budgeted item. Mr. Hernandez: Could be. City ofMiami Page 158 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff No. I'd like a confirmation of that, Mr. Manager, 'cause I want to know what I'm talking about up here because you're right. I don't want to look insensitive, butt want to know what I'm talking about. I don't want to hear "about," "could be," "approximately." You just -- Mr. Hernandez: Okay. Commissioner Sarnoff -- said to me that Litter Busters are out and what else, homeless service? Mr. Hernandez: No. Well, they are -- Vice Chair Spence -Jones: They're out of their budget. Commissioner Sarnoff Right, out of their budget. Now -- Mr. Hernandez: -- (UNINTELLIGIBLE) but not included in the two point figure that he gave, and the homeless is also out of that. Commissioner Sarnoff So I'm not great at math, but here's one for you. They account for $1.8 million. Mr. Hernandez: David. Mr. Rosemond: I'd like to respond to your original question, Commissioner Sarnoff. One of the ways that we have done this is by cutting every fat, not just this year, but every year since we knew that we forecasted this kind of shortage. Right now there's just a department with just one director. There's no assistant directors. There is just one administrative person and one secretary, so that's the administration of the department. The way that we had a greater budget was by cutting positions that were not absolutely necessary. We put everything into operations. We have nothing for administration, but this is the kind of actions that we knew that we would have to take in order to meet our budget restrictions, and we have taken that -- Commissioner Sarnoff So let me ask you, sir. How much in salary reduction are you putting in here? Who's taking salary reductions? Mr. Rosemond: We all are. Commissioner Sarnoff At what percent? Mr. Rosemond: We calculated between 7 and a half and 8 percent. Commissioner Sarnoff A 7 and a half or 8 percent salary reduction. Vice Chair Spence -Jones: Mr. Chairman, I mean -- Chair Sanchez: All right. You have the floor, Vice Chair. Vice Chair Spence -Jones: -- I had the floor. Chair Sanchez: And then Commissioner Gonzalez. All right. We are on the NET. At least we're going through different departments and then we'll address them. All right. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Okay, thank you, Mr. Chairman. So the whole purpose of this discussion or this exercise is for us to fry to figure out if we can save folks and projects and City ofMiami Page 159 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 departments, we need to try to figure that out. So if we're able to deal with the issue for AFSCME of the 86 positions and if we're able to find that additional 800, right, 867 -- Rosemond: Right. Vice Chair Spence -Jones: -- then NET would be whole, correct? Mr. Rosemond: Right. Vice Chair Spence -Jones: Okay, which means we can still continue to operate. Yes, we changed some things, meaning we don't -- we have to consolidate the locations and all of that, but for the most part, people will not really feel that. Is that correct? Mr. Rosemond: That is correct. Vice Chair Spence -Jones: Okay, so that's my only question. The question right now is to figure out with Charlie and that group how do we get there, correct? Mr. Rosemond: Correct. Vice Chair Spence -Jones: All right. Thank you very much. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Yeah. I was thinking on a possibility to save some of those nonunion positions. Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: And my question to the Manager was how many nonunion employees we have in the City, and I think I was told about 400 of them? Mr. Hernandez: Three hundred and ninety. Commissioner Gonzalez: How many? Mr. Hernandez: Three hundred and ninety. Commissioner Gonzalez: Three hundred and ninety. And I'm sure the -- I don't know, did they have any designated person to negotiate their deal with the Administration or --? Mr. Hernandez: No. In essence, they have no representation, Commissioner. Commissioner Gonzalez: They have no representation, as Commissioner Sarnoff expressed it. And we have been concerned with union members, but we also have to be concerned with these nonunion employees who are also human beings and have families and have -- as Commissioner Sarnoff stated. My question to the Administration is have we -- because let me tell you. IfI were in a position where I make $70, 000 a year or $80, 000 a year and you tell me that I either take a cut of $80, 000 or I lose my job. On today's market, on today's situation, I would tell you, you know what? Start deducting my salary tomorrow, butt want to have a job and I want to have insurance and I want to have whatever vacation, a week or three days, whatever, butt will -- you know, because being without a job at this time is very, very critical. Today, I received a call from a friend of mine who I know for almost 30 years. He's desperate. He's been without a job and he's a hardworking man. He's been without a job for a year. He doesn't know what he's going to do. He's about to lose his house. He has exhausted all of his savings, and he's going City ofMiami Page 160 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 crazy, okay. So did we offer any type offormula to these nonunion employees, like maybe give a one -day furlough a month or two days a month or -- you know, any kind offormula that could save --? Because out of the 110, 73 are vacant positions, right, Mike? Mr. Hernandez: Thirty -- Commissioner Gonzalez: So we're talking 73 actual bodies. What can we do to save, I don't know, 25, 30, whatever we can save out of this 73? I mean, you know, this is critical. I mean, it's saving lives and saving families. Whatever we can save, listen, you know -- I mean -- but we have to make an effort to fry to save as many as these families as possible. Mr. Hernandez: Commissioner, the problem is that the figure that I'm looking for is $7 million to save the 73, and the ones who remain are the ones that are taking the bigger cuts in the City. So it's, I would say, next to impossible to be able to come up with (UNINTELLIGIBLE). Commissioner Gonzalez: How much you need, 7 million? Mr. Hernandez: Yes. Commissioner Gonzalez: Seven million dollars. Mr. Hernandez: Seven million. So, in essence, even if they cut their salary in half -- Commissioner Gonzalez: Let me tell you what I'd like to propose. And I don't know if you know -- it's a proposition. There might be a debate on it or whatever, but what will suggest that we do is that we lay off these people for the next six months, not only these employees but also the union employees that we're going to lay off to give us some time to see if you know, there is a formula that we can find extra dollars. And that will give you time to -- you know, it's a matter of drafting a proposition and sitting down with these people and tell them, listen, you know, do you rather have a job making so much or you want to have a layoff? It's up to you. I mean, you know, I'm trying to preserve your job. I'm trying to at least, you know, keep you making, you know, most of your salary, 80 percent of your salary or whatever, but keep your position. You know, you have health insurance. You have another package that add to your salary. But at least, you know, do a temporary layoff on these people and then give yourself some time, you know, and the next administration, you know, has some time to work and see if we can save some additional people. Chair Sanchez: Sir, response. Mr. Rosemond: Mr. Chairman, I just wanted to concur with what the Commissioner is saying. In part of the savings that we proffered here not only was the tiered reductions, but we also proffered a 10 percent furlough from our salaries. So we felt it was very important not so much as we cannot talk about the 73 other individuals -- the 63 other individuals or the 60 other individuals, butt know that the 13, 15 of us are willing to take additional cuts in salary and those were included in the cost that you have before you. Commissioner Gonzalez: Well, there you are. You know, that's a proposition, you know. May not be enough, but maybe they can sacrifice a little bit -- you know, we need to reach a compromise where we can save as many people as possible, as many people as possible. Ms. Wheeler: Commissioner Gonzalez, ifI may address. I'd like to thank Commissioner Sarnoff for giving our nonunion members -- excuse me. I got a cold. -- the opportunity to speak today. I think Administration has not given us the opportunity to do that. As a matter offact, I, myself gave actually 30 percent of my salary because I do want to stay in my City. I do believe in NET. I do believe thatAdministration is not acting accordingly. If you look at the numbers of five and City ofMiami Page 161 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 six, you are paying with 2010 the deficit of $20 million from 2009, and this is just numbers when you look at it. I'm speaking on behalf of most of my colleagues here who have done one week, two weeks. I, myself said I'll give 30 percent of my salary. That would be 9 percent that the Manager asked for, 20 percent voluntarily, $250 for my car allowance, plus $40 of my phone. ButAdministration is not listening to those savings, so I do appreciate, Commissioner Sarnoff, that you are listening to us because I think most of them sitting here are willing, like you said, to take a cut and not be laid off. I mean, we spent billions to bring 300 jobs to the Orange Bowl, and then we don't want to spend 2 million to bring 87 jobs. So the math does not work for us, but we've all decided that this is not about logic, so we're here today to see what you all decide. Believe me, we've cut, Commissioner Sarnoff, not because we were wasting money before -- and we met with you. We're cutting because we said no more travel, no more uniforms. Every time we've heard you talk, we said, let's do the same. And we went office by office telling you exactly what our office -- unfortunately, the union did not vote the way -- we also -- and we met with Mike, and I actually told Mike, can I tell my staff that they're staying, and he said only if they vote for the 12 million. They did not. We cannot come here and tell you save their jobs, but we're here to tell you that we believe in NET. We can do it with as many positions as Administration will save. Just let us save some of the 15 nonunion positions that we have, and we've given up all the rest. Thank you. Commissioner Gonzalez: You see, I think, Mr. Chairman -- Chair Sanchez: Hold, hold, hold. Commissioner Gonzalez: -- that this process is very important because -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- you know, as Haydee says -- Vice Chair Spence -Jones: Haydee. Commissioner Gonzalez: -- they haven't had the opportunity -- you know, all the unions had their presidents and vice presidents stand in front of us and pleaded their cases and we listened to them and we worked on their cases and, you know, more or less, we have tried to -- you know, we have done as much as we can. But these people, they haven't had a representative. They haven't had the opportunity themselves to stand in front of us and pleaded their cases and tell us how much they're willing to give to preserve their jobs. So I think this process is one -- is about one of the most important process that we have gone through on this budget hearing. And I think that everybody, Larry, Mr. Manager, Mike, I think everybody needs to listen to these people. Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: And they're pleading -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- and they're compromise, and what they're saying on the record here, what they are willing to do and how much they're willing to sacrifice in order just to preserve their jobs -- Vice Chair Spence -Jones: Yep. Commissioner Gonzalez: -- to preserve a job. So I think, you know, this marks a new beginning on things that could be accomplished in the next few days. City ofMiami Page 162 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: And Commissioner Gonzalez, I want to say this. I mean, and we all know that the reality of all of this is that NET is our front line in our disfricts. When the rubber hits the road, when our residents start calling us to solve the problems, we can't do all of that stuff in our office. We send them to NETs. Commissioner Gonzalez: NET is very important, but I believe that every single employee in the City ofMiami is important -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- because each one has a function -- Chair Sanchez: Okay. Commissioner Gonzalez: -- that in one way or the other serves the City ofMiami. Vice Chair Spence -Jones: Right. Commissioner Gonzalez: It's not only about NET. It's about every single employee of the City of Miami that one way or the other contributes -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- to this City. Vice Chair Spence -Jones: Only reason I was mentioning the NET situation is 'cause we're talking about NET. IfI could save as many jobs as possible, I want to do that, butt wanted to show an example of here's a department that really has not -- no one has actually sat down and communicated with to try to figure out what could we save, and they've almost shaved off almost $2 million off of their budget just to accommodate -- continue to accommodate our disfricts in the City. So I just wanted to use them as an example. And I know this has -- we -- only reason why this is -- exercise is even happening is because we have taken an extra step with NET in our office to fry to figure out what can we do to save it. Now I know there's got to be other departments similar to this that's going through the same thing that's nonunion as well. But the idea for us tonight is to try to figure out what can we save and how can we make it work. In closing -- 'cause I know the Chairman -- I can feel his vibes on my ear over here. David, how much monies does the NET collect already from fees -- Rosemond: The -- Vice Chair Spence -Jones: -- with them being there? Mr. Rosemond: -- collection of NET this past year to date has been over half a million dollars. That is not including the dollars -- I'm sorry, $900, 000. That's not including the dollars that we bring in through things like the Benefit Bank and the income tax returns and those kinds of supports that we provide. Vice Chair Spence -Jones: So about almost a million dollars you guys collect. Mr. Rosemond: Correct. Vice Chair Spence -Jones: So it's not like this group is not also generating revenue as well as for the City, so I thought it was important to also mention that as well. City ofMiami Page 163 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: Right. Vice Chair Spence -Jones: Okay. Mr. Chairman, you got it. Chair Sanchez: Thank you. Commissioner Regalado: Can I --? Chair Sanchez: No. I have the floor, Commissioner. The sad thing about this is it's reality. I mean, you have certain unions that got what they wanted, they got their MO U approved by the Commission. They're probably over at Scotty's having a beer. None of their members lost their jobs. But here you have a group of individuals that are willing to proffer a 30 percent reduction out of their salary to keep their jobs, to give up special pay, to give up car allowance, to give up savings from across-the-board salary reduction, to make many more sacrifices to keep their jobs. And you had some people here that really made the sacrifice, debatable sacrifices, but they reduced what they had to reduce, and you'll have other employees that basically said, you know, whoever's below me doesn't have a job anymore. And that's the sad thing about this economy. And you being in front of us -- I'm not going to dispute the NET's service. They provide an excellent service throughout the City. I'm very content with the service they provide in my city. They have also proffered other solutions, which is to consolidate their offices. In my district, my district NET office, I think it has the highest rental mortgage. I mean, they pay the highest. Vice Chair Spence -Jones: Lease. Chair Sanchez: The whole thing is that they understand with the new economy, this is a new time, they're willing to reduce what they're paying for rent and bring all of their facilities -- bring their departments into City facilities. So if you look at this -- and I was looking at this thing, what they offered here. You know, tell me who in this City is willing to give up overtime. They are. Travel per diem? They are. And there's a variety of things here that they're giving up. I mean, total savings projected on this operating expenses reduction is $340, 000. Now if you look at this, the Mayor's proposal provided for a 1.367. That was part of the 86, okay. That was part of the 86 of Charlie, so their union has to really make some sacrifices to make this budget work. That's just the bottom line here, folks. But I am committed because of one, the service they provide, the 900, 000, close to a million dollars that they bring in revenue, that there may be a possibility that the shortfall, which, based on their projection, is going to be 867,000 -- and there's going to be more stuff that you might be able to give up. Maybe give up some furlough, maybe give up some other stuff to be able to bring that up. I'm optimistic about it. But once again, we don't have a tree that grows money in the City. And once again, people are going to have to make sacrifices to make sure that other people maintain their jobs. So I just wanted to put that on the record 'cause after you, there's going to be other organizations that are going to come up and they're going to be fighting for their salaries and what they receive, and it's just going to be a tough budget. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Well, first of all, I think it's important to establish the record that the only agency that has been singled out for -- to disappear is NET. Others are being -- taking some cuts, but as an agency, as a department, the only department that will disappear off the chart of the City is NET. I have several questions. Number one, the contract with Miami -Dade County Homeless Trust. That is a 300,000 -- Mr. Rosemond: Three hundred and forty thousand dollars. Commissioner Regalado: Three hundred and forty thousand. Mr. Rosemond: I'm sorry. Four hundred and thirty thousand dollars -- City ofMiami Page 164 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: Right, 430, 000. Mr. Rosemond: -- and thirty thousand dollars, the one that we have. Commissioner Regalado: It is a countywide -- Mr. Rosemond: Right. Commissioner Regalado: Would that pay for the homeless program? Mr. Rosemond: Let me just clarify a couple of things. Commissioner Regalado: No. I just want to understand -- Mr. Rosemond: The homeless program is a separate budget ftom NET. We were planning to shift some costs to the homeless program, but the cost, the dollars that we get ftom the County are just allocated for operations. It cannot be used for administration. In other words, it cannot be used for the administrative assistant, for the secre -- for the program administrator, et cetera, et cetera. So there are some dollars there to do the work that our Green Shirts do, go out and try to get people from the street into the continuum of care, but there's not enough dollars there to make up the deficit between the reductions and what we need to operate. Commissioner Regalado: No, I understand that. I just want to clarify that we do have a County contract -- Mr. Rosemond: Yes. Commissioner Regalado: -- that we have to honor. It was approved by the Commission and by the Homeless Trust. I was there. You were there. Mr. Rosemond: Good. Commissioner Regalado: So that's nothing that we can touch. Now, the other day when we discussed Miami 21, one of the components ofMiami 21 was notice, and everybody kept talking about notice and notice, and it was decided that notice will be distribute through the NETs to the residents. And the Planning Department was very agreeable with that, the Administration was very agreeable with that. So the question is -- and it's -- actually, it was incorporated as an amendment on Miami 21. Now, question to management -- the Manager. Hello? Pete, just -- how do -- we are going to notice the people within the framework ofMiami 21? Would that be the Planning Department, Hearing Boards, City Clerk, Commissioners' office, Mayor's office? How do you --? Mr. Hernandez: Commissioner, I can't commit to any which way right now. It'll get done, whether it's Zoning or Planning or whoever's staff we have to get together. When the time comes to it, it'll get done. Commissioner Regalado: No. I understand that. But I also think that -- I guess that when you were discussing the elimination of NET, that wasn't -- nobody remember about that. So in NET we have now four leases that are already expire and are month to month, and one that is just still current -- Mr. Rosemond: Right. Commissioner Regalado: -- which will be the East Little Havana -- City ofMiami Page 165 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: Right. Commissioner Regalado: -- the one that is current and it's not terminated. The other leases, the lease on Flagler and 43rd and 27th Avenue and 36th Street -- Mr. Rosemond: Southwest Grove. Commissioner Regalado: -- these are up already. Mr. Rosemond: Correct. Commissioner Regalado: And we save -- I don't know. Somebody have to just help me here because I think -- I remember that the rent on Flagler and 43rd was pretty high and 27th Avenue just -- so the -- and rentals. Mr. Rosemond: It's over $100, 000 -- $101, 000, sir. Commissioner Regalado: A hundred and thousand -- yeah, $100, 000 in rental of office space. Was that in the four point --? Mr. Rosemond: Yes, it was. Commissioner Regalado: It was? Mr. Rosemond: Yes, it was. Commissioner Regalado: So it's not -- the Manager isn't pay attention anyway. It's -- so -- rental -- Mr. Manager, Larry, or somebody, rental is $100, 000 that you save, right? Madeline, you say -- so it's $100, 000? Mr. Rosemond: Right. Commissioner Regalado: That's off the (UNINTELLIGIBLE). And if you were to keep some office, all of them will be in City facilities. Mr. Rosemond: Right. Commissioner Regalado: Maceo Park, the other facilities. So basically, how much we need to really keep -- I mean, you came up with a budget, but to the Manager -- Chair Sanchez: One point seven. One point seven? Mr. Hernandez: Well, I think that we were counting on like 1.3 from the 28 positions that were part of the 86, plus 800,000 on top of that, so the total is like 2.2 combined. Vice Chair Spence -Jones: That's ifAFSCME -- again, if we're able to -- Mr. Hernandez: Exactly. Vice Chair Spence -Jones: -- work out this--AFSCME's part. Mr. Hernandez: Exactly. It will be 1.3 if we're saving the complete 86, out of which 28 would be NET, plus your 800 for administration and the NET directors. It'll be a total of 2.2. Vice Chair Spence -Jones: And I think that one of the things we talked about -- I know at least in our briefings, Commissioner Regalado with NET, was to -- you know, in cases where we have City ofMiami Page 166 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 like downtown Miami, where we have the DDA, or the CRAs for Overtown and for some -- yeah, downtown area, that maybe those are two offices that we can help supplement for now until we get out of this fiscal crisis that's -- you know, that's also -- that was also another option, so that would at least take that number down as an option. Chair Sanchez: All right. Commissioner Regalado: Okay. Chair Sanchez: Okay. Commissioner Regalado: Thank you. Chair Sanchez: So the number is two point what? Vice Chair Spence -Jones: No. Mr. Hernandez: Two point two. Now what Commissioner Spence Jones was mentioning was that at least three of the NET offices could be -- Vice Chair Spence -Jones: It's only two. Mr. Hernandez: Two? Vice Chair Spence -Jones: Yeah. Mr. Hernandez: The Overtown could be absorbed by the CRA and the downtown NET could be absorbed by the DDA. Is that what you said? Vice Chair Spence -Jones: Gonzalez, do you have a thought on that? Commissioner Gonzalez: Yeah. What I was -- it happen that I was working on that. What I was working on was maybe DDA could pay for downtown and Overtown -- the CRA in Overtown could pay for the Overtown NET; Omni pay for the one in Wynwood, okay. That realizes some savings. Vice Chair Spence -Jones: That's frue. Commissioner Gonzalez: And I also spoke to the CD director and he can fund $500, 000 for Code enforcement positions, so you know, we might have found another million dollars here. Chair Sanchez: I don't know about a million dollars. Vice Chair Spence -Jones: Close to. Commissioner Gonzalez: Huh? Vice Chair Spence -Jones: Two, four, six. Chair Sanchez: I don't -- Commissioner Gonzalez: Well, we're getting 500,000 -- Vice Chair Spence -Jones: Yeah. City ofMiami Page 167 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: -- from CD -- Vice Chair Spence -Jones: One point five. Commissioner Gonzalez: -- to pay for Code Enforcement, so you know, we're releasing 500,000 from Code Enforcement that we can transfer, you know, for this -- Commissioner Regalado: But don't you -- does the Administration is laying off Code Enforcement inspector. Commissioner Gonzalez: They're not. No? Commissioner Regalado: Yes. Commissioner Gonzalez: They are? Mr. Hernandez: There are some in the 86 -- in the list of 86, so those monies could, in essence, be used to save Code Enforcement personnel that is in the list of 86. Commissioner Regalado: So the number keeps going down, but the NET issue is not resolved. That's -- but if DDA -- and we have the Chairman, and we have the Chairman of the -- Vice Chair Spence -Jones: We have the Chairman here. Commissioner Regalado: -- and Vice Chairman -- and the Vice Chairman of the Omni and Overtown/Park West. I mean, you guys just voted a few minutes ago in major, major program for Omni. I mean, I said from the beginning that the CRA should pay for the police, and you know, you're right, it should pay for the NET office because the NET office is a direct service to the area and it make sense, it makes totally sense, and it will probably reduce the cuts, butl don't know how much you can squeeze the Omni CRA and the -- or the Overtown CRA. Commissioner Gonzalez: And can the CRA pay for their own police? Vice Chair Spence -Jones: Yes. Commissioner Regalado: Yes, yes, yes, yes. Commissioner Gonzalez: All right. Commissioner Regalado: But the -- Commissioner Gonzalez: All right. You know, there you have another savings. What we need to know is -- Commissioner Regalado: But that's my point, Commissioner. That's my point since the other day, but today we went through this thing about the CRAs and all the projects, and I said I agree. I totally agree with spending the money in the Bicentennial Park because that's a park that regardless of what it has, it's a park that must be fix, but what don't understand or don't know is if we have the capability out of the CRA to pay for those facilities, I would think we would and we should. So that's two out of the probably eleven or nine or ten NET. Commissioner Sarnoff What NET exists in Omni? Commissioner Regalado: The only -- no, there is no NET in -- but you have to -- you have already expanded -- City ofMiami Page 168 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Downtown. Commissioner Regalado: Well -- Vice Chair Spence -Jones: Well, it's not Omni; it's downtown. Commissioner Regalado: You have downtown. Vice Chair Spence -Jones: He'd have to move -- just kind of be like in the middle there. Commissioner Regalado: Well, both NETs in downtown are in the -- only one on the CRA -- Vice Chair Spence -Jones: Right. Commissioner Regalado: -- Overtown. Vice Chair Spence -Jones: Right. Commissioner Regalado: The other one, we just -- or you just expanded the boundaries up to Wynwood. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: Today. Commissioner Regalado: And it would fall within the Wynwood -- Commissioner Gonzalez: Within the Wynwood, right. But you know -- Vice Chair Spence -Jones: Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: -- that's a very good point. I mean, if Overtown can pay for their own police, what we need to know is the number of police officers that are assigned to the Overtown area, okay, get the budget of how much that operation costs, and that's another savings of maybe who knows? Maybe we finding another $300, 000 a month, okay. Vice Chair Spence -Jones: Right. Commissioner Gonzalez: So that's how -- it's a good exercise. Let me tell you, what we're doing is a very good exercise. We're getting a little bit here, a little bit there, you know. Vice Chair Spence -Jones: But Commissioner Gonzalez, tonight you've already found -- Commissioner Gonzalez, you've already found what, almost two -- Commissioner Gonzalez: Almost two. Vice Chair Spence -Jones: -- almost $2 million of savings. Chair Sanchez: We're dialing for dollars. Vice Chair Spence -Jones: Yes. And let me say this. I do know that, from the CRA perspective, we did speak to Jim Villacorta, and I do know that we could help supplement the NET offices at City ofMiami Page 169 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 least in those areas, and I don't know if -- you have the Chairman here for the DDA. We have to -- we would have to see if we could, you know, do the same thing. Of course -- Chair Sanchez: I would present it to the board. Vice Chair Spence -Jones: -- (UNINTELLIGIBLE) board. Yeah. Commissioner Gonzalez: Let me tell you. The Manager told me that in order to save these nonunion positions, he need $7 million, okay. If we identify -- on the exercise that we're doing, if we identify $3.5 million, then what we need to do is divide the other $3.5 million among 400 employees, you know, on furlough days, on salary reduction, on benefit reduction, or whatever, but they might -- you know, they may end up instead of losing 110 positions, losing 5 positions or 10 positions. Commissioner Sarnoff But we're still a distance away from getting AFSCME. I mean, I don't have an AFSCME budget coming out even either. You're still about -- my projections, you're still losing about 40 to 50 AFSCME employees. Commissioner Gonzalez: In AFSCME, yes. Vice Chair Spence -Jones: Okay. Let me -- Commissioner Sarnoff So there's nothing we could do about that. Vice Chair Spence -Jones: -- let -- Commissioner Gonzalez: I mean, we have done as much as we can on that. We -- Vice Chair Spence -Jones: -- let me -- Commissioner Gonzalez: -- identify a million. Chair Sanchez: That's up to the unions now. Vice Chair Spence -Jones: Okay. Let me proffer something. Being that my colleague has just done a fantastic job with finding -- how much money did you find? Commissioner Gonzalez: Up to now, two million, but you know -- Vice Chair Spence -Jones: About two million. Commissioner Gonzalez: -- in this process, I got to identify -- I got to know how much -- Chair Sanchez: Could I proffer some money into that piggy bank? Vice Chair Spence -Jones: From where? Chair Sanchez: The Flagler casino. When do they start paying up? Commissioner Gonzalez: Okay. There, you have another one. Mr. Hernandez: Middle of October. Chair Sanchez: How much? City ofMiami Page 170 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: Commissioner, our estimate is 500, 000. Chair Sanchez: All right. Commissioner Gonzalez: There you are. Mr. Hernandez: However, I will caution you not to use that amount because that's a best guess at this point. I would say 400, maybe, at the best. Commissioner Gonzalez: Okay, 400. Commissioner Regalado: But remember, 25 percent of that is for social programs. Remember that we did that. Commissioner Gonzalez: Yeah. Four hundred -- so you mean that 80,000 out of the 400 are going to be for social service, so still we have 320, which is a good number. Commissioner Regalado: The Magic City Casino is scheduled to open late October -- actually, October 28. I think that they will be successful in the first month. They will also pay. The other -- so there is 300,000 additional dollars, maybe, but let's be conservative. Two hundred and fifty thousand dollars because we need to use -- and it was done by resolution -- 25 percent on social programs come next year. Vice Chair Spence -Jones: I think -- Commissioner Regalado and -- Commissioner Regalado: But -- Vice Chair Spence -Jones: -- and Commissioner Gonzalez, ifI could just make one little quick little suggest -- I'm going to let you finish. I'm sorry. Commissioner Regalado: No, no, that's okay. Go ahead. Vice Chair Spence -Jones: Commissioner Gonzalez, I -- and Commissioner Sarnoff and Regalado, just follow me for one minute because I've been writing down these numbers and they keep changing, and I just want to be on the same page. Commissioner Sarnoff Yeah, I like that. Go ahead. I want to write this down too because I'm not coming out with two million. Vice Chair Spence -Jones: Okay. Mr. Budget Man, Mike Boudreaux, you told me earlier that -- all of us earlier that for the nonunion employees, which was the 73 employees, right, not the 37, but the 73 -- the 7.2 -- was $7.2 million, correct? Unidentified Speaker: (INAUDIBLE). Vice Chair Spence -Jones: Yeah. That's what you told me, 7.2. That's what it equated to, correct? Oh, I'm sorry. Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. So we're at 7.2 million. Then AFSCME was at 4.1 -- 4.8, correct? Mr. Boudreaux: For the 86, that's correct. City ofMiami Page 171 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay. For -- that's -- so for all my nonunion employees and all of my AFSCME employees, we're at -- we're -- that will give us 12 million. Mr. Boudreaux: Twelve million. Vice Chair Spence -Jones: Close to 12 million. Okay. Now, my wonderful colleague over here found close to a million, so about a million dollars with Larry them in the very beginning, correct? Commissioner Sarnoff Could you just name what those are, Commissioner, just so I keep it --? Vice Chair Spence -Jones: Okay. Sure. The one million that he found was the dollars that came from those positions. Commissioner Gonzalez: From the -- for the vacant positions. Vice Chair Spence -Jones: The vacant positions. Commissioner Sarnoff Right. This is what I wrote down. Just tell me how I was wrong. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff You identified $600, 000. Commissioner Gonzalez: From the vacant positions. Vice Chair Spence -Jones: Right. Commissioner Sarnoff Right. Then there was -- Commissioner Gonzalez: Then -- Commissioner Sarnoff Go ahead. Commissioner Gonzalez: --130, 000 from the -- Commissioner Regalado: No. One hundred and nine thousand -- Commissioner Sarnoff Thousand, right. Commissioner Gonzalez: Right. Commissioner Regalado: -- from the contract that I pull the other day -- Commissioner Gonzalez: Exactly. Commissioner Regalado: -- in -- to -- Commissioner Sarnoff Right. Commissioner Gonzalez: Plus another hundred --100, 000, Mr. Manager. Mr. Hernandez: I was pulling another 100,000 general fund from the helicopter project. Commissioner Sarnoff Okay, so we're at 800, 000. City ofMiami Page 172 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: So what -- Mr. Hernandez: -- from the helipad. Commissioner Sarnoff Eight hundred thousand. Commissioner Gonzalez: Eight hundred thousand -- Mr. Hernandez: Right. Commissioner Gonzalez: -- and then the Manager committed to finding another 200,000 -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- to complete the million. Commissioner Sarnoff Is that correct? Mr. Hernandez: To get the one million. Yes. To get the one million -- Commissioner Sarnoff So you have 200,000 unidentified dollars? Commissioner Gonzalez: Right. Vice Chair Spence -Jones: Okay. So -- Commissioner Sarnoff I want to go through your couch later tonight and see what kind of coins I come up with. Vice Chair Spence -Jones: Okay. But we're trying. I just -- ifI can do the calculation, then at least we can all be on the same page. So Gonzalez found us, and the Manager found us another million dollars, so now we're at $11 million deficit that we're frying to find. In the midst of this, we just discovered, by way of Gonzalez and Regalado and everybody coming together, another possible $2 million coming from the -- I just want to make sure I'm clear -- DDA, the CRA, and it was another item. Commissioner Regalado: The Flagler. Mr. Hernandez: Did you say two million? Commissioner Gonzalez: Five hundred thousand from CD to pay for Code enforcement -- Vice Chair Spence -Jones: Okay, yeah. Let's add those numbers. Commissioner Gonzalez: -- in the target areas, which means Allapattah, Wynwood, Overtown, Little Havana. Vice Chair Spence -Jones: Yes. So let's add the num -- you're looking confused over there, Mr. Manager. Mr. Hernandez: Yes, I am. Now -- I normally know the numbers, and now I don't. Vice Chair Spence -Jones: Okay. City ofMiami Page 173 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: You mentioned two million from DDA and CRA? Vice Chair Spence -Jones: No, no, no two million. Commissioner Sarnoff No. They said 2 million total, of which, broken down, is 500, 000 from Community Development -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: Correct. Commissioner Sarnoff -- 250,000 by Commissioner Regalado's lower estimation from Flagami -- what was that? Commissioner Regalado: From -- Mr. Hernandez: Magic -- Commissioner Regalado: -- Magic Casino. Mr. Hernandez: -- City. Commissioner Sarnoff Magic Casino. Mr. Hernandez: Right. Commissioner Sarnoff All right, we're at 750. Vice Chair Spence -Jones: Okay. And then -- for each, the operation for all -- two of those NETs -- three of those NETs coming from those three different options -- I mean, areas, which would be the Omni slash -- now would be Omni/Wynwood -- Commissioner Gonzalez: And Overtown. Vice Chair Spence -Jones: -- Overtown, and then, of course, downtown DDA. I think it's like $200, 000 to operate those each. Mr. Rosemond: Yeah, just about. Vice Chair Spence -Jones: So that would come from their bottom line, so we're talking about -- what is that 600? Commissioner Gonzalez: Another 600. Vice Chair Spence -Jones: And then we also -- you had included in there, which we did not include before, which was the FP&L savings, the additional FP& -- Commissioner Sarnoff No. That was -- Commissioner Regalado: No, no, no, no, no. Commissioner Sarnoff -- already. Commissioner Regalado: That was there. City ofMiami Page 174 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: No. That was already take -- Vice Chair Spence -Jones: Okay, that's fine, that's fine. Commissioner Regalado: That was already -- Vice Chair Spence -Jones: So what's the total on that? Commissioner Sarnoff So you have 750 -- Commissioner Gonzalez: Okay. Commissioner Sarnoff -- 1350, right? Thirteen fifty -- Commissioner Gonzalez: No. Commissioner Sarnoff Omni, Wynwood, DDA, 600,000; Magic Casino, 250. Commissioner Gonzalez: Twenty-three fifty. Commissioner Sarnoff How much? Commissioner Gonzalez: Twenty-three fifty. It's 1, 500, 000; 250, 000 from Flagler and 600,000 from the NET operations in downtown, Overtown, and Wynwood. That gives you a total of $2.3 million. Commissioner Sarnoff All right, just one more time. I'm not -- maybe I'm not hearing you correctly. Commissioner Gonzalez: Okay. One million dollars -- Commissioner Sarnoff One million from --? Commissioner Gonzalez: -- from the -- Vice Chair Spence -Jones: The first thing -- Commissioner Gonzalez: -- vacant positions and the -- Commissioner Sarnoff Right, right, right, right. I'm sorry. Commissioner Gonzalez: Right. Commissioner Sarnoff I had that down right. Commissioner Gonzalez: Five hundred thousand from CD -- Commissioner Sarnoff Right. Commissioner Gonzalez: -- to pay for Code enforcement; 250, 000 from the casino -- Commissioner Sarnoff Right. Commissioner Gonzalez: -- and 600, 000 for the operation of the three NETs -- City ofMiami Page 175 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff You're right. Commissioner Gonzalez: -- downtown, Wynwood, and Overtown. Commissioner Sarnoff Two million three hundred fifty thousand, right? Commissioner Gonzalez: Two point three million dollars. Commissioner Sarnoff Right. Commissioner Gonzalez: Now, what we need to know now is how much the police operation cost in Overtown, and that could be another couple of million dollars. Commissioner Sarnoff And how do we learn that and when do we learn that? Commissioner Gonzalez: The chief is here. Is the chief here? Mr. Hernandez: I think it's an issue as to whether that's really legal, eligible. Commissioner Regalado: It's legal because -- Vice Chair Spence -Jones: We've done it. Commissioner Regalado: -- we pay -- we done that, and that's why I brought it up. Vice Chair Spence -Jones: We pay for police all the time. Commissioner Sarnoff We were given a grant. Commissioner Regalado: That's why I brought it up two weeks ago -- Vice Chair Spence -Jones: Yeah, we do that. Commissioner Regalado: -- but it wasn't consider. But let me ask this. How much would the Rusty Pelican had pay on the first year if the contract were to be --? Mr. Hernandez: We have to do a present value. Commissioner Regalado: Huh? Mr. Hernandez: I'm sorry. I don't know, Commissioner. Commissioner Regalado: It's a hundred thousand more. It's a hundred -- it goes to -- I think -- I'm not sure, but I know it's a hundred thousand more, and when construction is done, it kicks like a percentage or -- Commissioner Sarnoff Yeah, it goes up. Commissioner Regalado: It goes up, the percentage. Commissioner Sarnoff But I don't know what it is. Commissioner Regalado: But I don't know what's the percent. My point is that sometime, someday in the future, we should or we must do that new agreement, which was approved by the voters, so I don't know how long it would kick. City ofMiami Page 176 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: Commissioner, I think that agreement is either -- it's on the October 8 agenda, and I don't think that we start collecting until -- Commissioner Sarnoff I don't think it's this fiscal year. Mr. Hernandez: Okay, I -- Madeline, please. Commissioner Sarnoff Post construction? Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. The Rusty Pelican agreement is on the October 8 agenda. The best -- base rent kicks in immediately after execution. The percentage rents, the increases don't occur until after the improvements are completed. Commissioner Regalado: But Madeline, the base rent is more than it is now. Ms. Valdes: Definitely, yes, sir. Commissioner Regalado: So that's another I don't know how much. Ms. Valdes: It would be 360,000 -- Commissioner Gonzalez: There you have it. Commissioner Sarnoff Was that -- Ms. Valdes: -- is what the -- Commissioner Sarnoff -- factored into your '010 [sic] budget, the 360 increase from Rusty Pelican? Commissioner Regalado: Mike. Commissioner Sarnoff Mike. Ms. Valdes: We had included it. Unidentified Speaker: Yes. Commissioner Sarnoff Was the three --? Ms. Valdes: Yeah, we included the 360. Mr. Boudreaux: I'm sorry. What's the question? Commissioner Sarnoff That was great, Michael. Commissioner Gonzalez: Another little cushion. Commissioner Sarnoff Stick with us, buddy. Was the $360 included in the '010 ]sic] budget, the anticipated increase for the Rusty Pelican base rent? Mr. Boudreaux: No, sir, it was not. City ofMiami Page 177 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff It was not. All right, you got 360. Commissioner Regalado: Okay, there you go. Commissioner Sarnoff Dialing for dollars. Ms. Valdes: I need to correct that. Commissioner Sarnoff Three sixty. Commissioner Gonzalez: I'm going to estimate it at three -- Commissioner Sarnoff Three hundred and sixty thousand dollars. Mr. Hernandez: She begs to differ. Ms. Valdes: I'm sorry. I'd like to correct that. Yes, it was included. We did submit those as part of our revenues. Mr. Boudreaux: Okay. Commissioner Sarnoff Strike that. Mr. Boudreaux: We will look at the -- Commissioner Regalado: Okay. Mr. Boudreaux: -- what Ms. Valdes is claiming, but we'll look at it and see, but don't recall, from our information, that it was included. Commissioner Sarnoff Can you guys do that now? Mr. Boudreaux: Okay. Vice Chair Spence -Jones: (UNINTELLIGIBLE). Commissioner Regalado: Okay. Commissioner Sarnoff He says no. Commissioner Regalado: It's fine. Vice Chair Spence -Jones: He can't? Commissioner Gonzalez: All right. Commissioner Regalado: It may or it may have not been included. The fact of the matter is that if we do this in October immediately, it kicks an increase. Now, the other thing, Mr. Manager, payment in lieu of taxes. Now, the City -- Mike, the City gets money from the County for the service that we render to the County facilities, 7 -- 572, 000. Mr. Boudreaux: That's correct. Commissioner Regalado: Okay. But the County gets $779, 000 a year for services that the federal government thinks that the County does to the federal buildings in Miami -Dade County. City ofMiami Page 178 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Now, if we do a survey, we will find that, I think, 30, 40, even 50 percent of the federal buildings in Miami -Dade County are within -- Commissioner Sarnoff City ofMiami. Commissioner Regalado: -- in the City ofMiami Commissioner Sarnoff How did they get that money? Commissioner Regalado: Huh? Commissioner Sarnoff How did they get that money? Commissioner Regalado: Exactly. That's what I'm saying. How -- why we're not getting $100, 000, 200, 000 for service rendered? I mean, the City of Tampa -- and I've done a lot of research on this -- gets a -- Hillsborough County gets little, but the City of Tampa services all the federal court, all the -- and then they get most of the money, so you budgeted 572, but that's from the County and the state, but not from the federal government. Mr. Boudreaux: That is only from the County, Commissioner, from the County buildings that are operating here in the City -- Commissioner Regalado: I know. Mr. Boudreaux: -- limits. Five seventy-two, that's based on historical, and it doesn't include any federal buildings. Commissioner Regalado: Right. But what I'm trying to say -- and nobody's paying attention -- is that -- okay, you're listening. That's good. Mr. Boudreaux: I'm paying attention, too, sir. Commissioner Regalado: That we can start a process whereby we can ask the County for a share, be that a small share, 50,000, 100,000 because we do service the federal building in downtown, the new federal courthouse, the post office, the VA, Veteran -- Commissioner Sarnoff Why does the County get any of that money? Commissioner Regalado: Huh? Commissioner Sarnoff Why does the County get any of that money? Commissioner Regalado: Because the County walks over the City all the time, and -- but what I found -- and this is interesting. Here's a -- this is a program run by the Department of the Interior, and they have this policy ofgood neighbor. The policy ofgood neighbor is payment in lieu of taxes. It's called PILT. And they -- see, Miami -Dade County gets from the federal government for their attention, Florida, let's see, 794, 000. And we're talking that Miami -Dade County is the largest recipient of federal money in all the 67 counties in -- because it has the largest amount of federal building, and they do this by acreage. So I just think that at least we could try and -- Commissioner Sarnoff I'm going to look into this one because I can't believe the County's entitled to get any money. Commissioner Regalado: Because they don't service -- City ofMiami Page 179 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Right. Commissioner Regalado: -- they don't service -- Commissioner Sarnoff We provide the police, we provide -- Commissioner Regalado: They may serve maybe the Federal Reserve in Doral -- Commissioner Sarnoff Right. Commissioner Regalado: -- but then the Doral Police will do it, so I don't -- I'm not sure if they do. But this could bring, Mike, I think maybe -- I mean, let's be conservative -- $50, 000 out of the 794 that -- because they're not going to give up all the money, which they should, but $50, 000. So it's $50, 000 more that we have to budget. Vice Chair Spence -Jones: Well, let's just -- let -- can we just get back on where we are with the money real fast and at least figure out what we know what the hole is and then we decide where we go from there? I see everybody -- Commissioner Sarnoff Two million -- Vice Chair Spence -Jones: -- negotiating and talking and trying to figure it out, which is a great sign that we're trying to save as many people as possible. At least we've gotten to this point. I just want to recap the numbers and I want to make sure that we're all following the money, okay. So we are talking about seven -- y'all ready, you guys ready? Seven point two is the nonunion employees, right? That would save all 73, correct? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. Four point eight would save the AFSCME situation, correct? Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: Okay. So now we're at 12.0, right? Mr. Manager found from vacant positions and other things about a million. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: Okay. So now we're at 11 million. Then Commissioner Gonzalez also added on some additional suggestions of -- that equated up to -- which included the CRAs, the 600, correct? Commissioner Gonzalez: Five hundred. Vice Chair Spence -Jones: No. Commissioner Gonzalez: No. Vice Chair Spence -Jones: Six hundred from the CRAs. Commissioner Gonzalez: Okay. The six hundred you're talking is -- Commissioner Sarnoff Omni -- Vice Chair Spence -Jones: Two from each. City ofMiami Page 180 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Huh? Vice Chair Spence -Jones: Two from each CRA. That gives us the six. Commissioner Gonzalez: No. Actually, the amount has been rectified with the Manager. He says that each NET operation cost about 300, 000, so we're talking 900,000 instead of 600, 000. Vice Chair Spence -Jones: Wait. Wait a minute, wait a minute. That's not what was communicated -- where you're getting the $900, 000 from, Mr. Manager? Mr. Hernandez: From Mr. Boudreaux. Michael. Vice Chair Spence -Jones: We can't -- let's not deal with Mike -- Mike is dealing on a $4.4 million budget. He's not the person to ask. Mr. Hernandez: No. Vice Chair Spence -Jones: I need to ask the NET people because they're the ones that have given us the revised budget. Mr. Hernandez: The average figure that we came up with for the running of one NET office was about 300, 000. Vice Chair Spence -Jones: Right. That was before the budget cuts. To my understanding, the amount is 200. Commissioner Sarnoff Well, Rosemond's right there. Vice Chair Spence -Jones: Come on, guys. Yeah. Commissioner Sarnoff What's the number? Vice Chair Spence -Jones: No. That's not -- that's what it is now, but not from the reduction. Mr. Hernandez: He says 200 and that includes two individuals plus a NET director. Mr. Rosemond: Let me just clarify because the problem that we had before was that we had some rental of the offices. When we moved the NET operations into City property, then we saved the rentals, we saved the operations, the -- Vice Chair Spence -Jones: Okay, David. Mr. Rosemond: So -- Vice Chair Spence -Jones: We just want to make sure $200, 000 is going to help us operate those three NETs? Mr. Rosemond: Absolutely. Vice Chair Spence -Jones: Okay. So I'm trying to add so we can be done with this, okay? Mr. Rosemond: Right. Vice Chair Spence -Jones: So 600 came --? City ofMiami Page 181 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: And let me just make a clarification on the salary. We have given up not only the tier reduction of salary, but also our own volunteer furlough, so when you have the reduction of our salary -- we're not talking about the other 60 individuals who are part of the 73; we're talking about the 15 people who compose NET, who are not classified. We have taken an additional cut in salary. Vice Chair Spence -Jones: We got it. Mr. Rosemond: So those -- that combination makes up for the $200, 000. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff What is -- Vice Chair Spence -Jones: No -- Commissioner Sarnoff Wait, wait, wait. Slow down because now you're about to have a NET director -- correct me if I'm wrong -- directing how many people? Two. Mr. Rosemond: It's always been two, and the Litter Busters. Commissioner Sarnoff Okay. Vice Chair Spence -Jones: The Litter Busters. Commissioner Sarnoff And how -- Vice Chair Spence -Jones: I'm sorry. Commissioner Sarnoff Let me ask a question. What kind of salary reduction is a NET director going to be giving that's going to be directing two full-time employees? Mr. Rosemond: What kind of salary is he --? Commissioner Sarnoff Give me the number. Mr. Rosemond: I'm sorry, Commissioner. Vice Chair Spence -Jones: Seven to eight percent, right? Mr. Rosemond: Right. Commissioner Sarnoff Seventy what? Mr. Rosemond: Seven to eight percent. Vice Chair Spence -Jones: Seven to eight percent. Mr. Rosemond: It's a tier reduction. Commissioner Sarnoff No, no. You said to me a moment ago, and I was impressed when somebody -- Haydee got up and said 30 percent. Ms. Wheeler: No, no, no. City ofMiami Page 182 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Rosemond: That was correct. Vice Chair Spence -Jones: She is. She's doing that. She's doing that, Haydee. Commissioner Sarnoff Well, I -- Ms. Wheeler: Let me clarify why -- Commissioner Sarnoff I want to know how many NET directors are doing this. Ms. Wheeler: No, no. Let me clarify something on the salaries. Vice Chair Spence -Jones: The ones that can afford to. Let's fry that. Ms. Wheeler: We have two openings and that's where the salary savings is coming, and we have administrators making in the 50s and 60s. One of our top administrators just retired, so the higher salaries have just left our offices, and we're now down to the salary savings. When we did the furlough, I, myself did the furlough on myself at 20 percent of my salary, plus the City Manager had done a 9 percent cut across-the-board, so that's what I said before to the record. Commissioner Sarnoff So let me -- Ms. Wheeler: The rest of my colleagues have done one week and two weeks. Commissioner Sarnoff -- be bold. I'll ask for District 2. What are my NET directors going to be earning that are going to direct two people? Ms. Wheeler: Okay. I wear actually three hats -- two hats, and I'm going to be making $80, 000. Commissioner Sarnoff And what are my other NET directors going to be? Ms. Wheeler: Karen. Mr. Rosemond: They will be making less than that. Vice Chair Spence -Jones: Okay. Can I justgo through the numbers real fast and then --? Okay, so -- can we just go through the numbers, guys, so we're on the same page? So 11 million -- so we're at 11 million, so 600 coming from the CRA and the DDA. That 250, Commissioner Gonzalez, where was that coming from? Commissioner Gonzalez: Two fifty from Flagler -- Vice Chair Spence -Jones: Oh, Flagler Casino. Commissioner Gonzalez: -- from the casino. Vice Chair Spence -Jones: And then you found another 500 that was coming from? Commissioner Gonzalez: From CD. Vice Chair Spence -Jones: Oh, yes, CD, Flagler. So now we're at 1.350, correct? Commissioner Gonzalez: No. City ofMiami Page 183 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: No. Commissioner Sarnoff You're at -- Commissioner Gonzalez: We are at one point -- Commissioner Sarnoff -- $3, 350, 000. Commissioner Gonzalez: We are at 1.6 now. Vice Chair Spence -Jones: We're at 1.6. Commissioner Gonzalez: One million from the unfunded positions -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- or from the not hiring or whatever, 500 from CD -- Commissioner Sarnoff Right. Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- 250, 000 from the casinos -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- $600from the NETs for the three NETs. Vice Chair Spence -Jones: Right. Commissioner Sarnoff Wynwood, Omni, DDA. Commissioner Gonzalez: And 360,000 that Commissioner Regalado identify from Rusty Pelican. Vice Chair Spence -Jones: Okay. So altogether we -- Commissioner Sarnoff Has that been confirmed? Come on. Commissioner Gonzalez: Yes. They say will come into effect in October. Mr. Boudreaux: Just got confirmation that the 360 for the Rusty Pelican is in the 2010 budget. Commissioner Sarnoff So it's not a savings. Commissioner Gonzalez: So that's not a savings then. Commissioner Regalado: That's not a savings. Vice Chair Spence -Jones: Okay. So just tell me where the savings -- what do we have now. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: The total number is what then? Commissioner Sarnoff Two million three hundred and fifty thousand. City ofMiami Page 184 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Two million three hundred and fifty thousand dollars? Commissioner Sarnoff Correct. Vice Chair Spence -Jones: Taking that from our what, 11 or the 12 -- taken from the 12, right? Taken from the -- Commissioner Sarnoff Well, depend on what you'd want to do with it, it's 2,350, 000. Vice Chair Spence -Jones: Right. But taken from the overall amount that we have to find. Commissioner Sarnoff Okay. Vice Chair Spence -Jones: So we're at what, 10 -- a little less than 10 million, right? Commissioner Sarnoff Right. Vice Chair Spence -Jones: Correct? Okay. So that number is what, 9 -- is that --? Commissioner Gonzalez: No. You were talking at $12 million. Commissioner Sarnoff $9, 650, 000. Commissioner Gonzalez: So if you do that -- yeah, right. Vice Chair Spence -Jones: Okay, nine million six hundred and fifty -- Commissioner Gonzalez: We will never reach that amount, I can tell you that right now. We can be here until next year and we'll never find $9 million. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: No way. Vice Chair Spence -Jones: All right, so I have a suggestion. Commissioner Gonzalez: Now, I've been told that the only thing that can be funded from the -- for the -- from the CRAs as far as police is concerned is special operations, not regular -- Commissioner Sarnoff Right. Commissioner Gonzalez: -- service. Commissioner Sarnoff It's enhanced services. Commissioner Gonzalez: So whatever -- Vice Chair Spence -Jones: (UNINTELLIGIBLE). Commissioner Gonzalez: -- special operations they have that's scheduled every month that could be covered by the CRA. Commissioner Sarnoff Yeah. We have a legal opinion on that from the City Attorney. City ofMiami Page 185 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: Well, even if it's a special operation, it's not even about the savings; it's about the safety of the area, so we should do that as CRA board members because the more protection that you get on the performing arts, on the Lyric, on the -- the more people. Commissioner Sarnoff It just doesn't help us right now. Commissioner Regalado: I understand that, but I think it's good that the board members agree that we can do that -- Vice Chair Spence -Jones: Yes. Commissioner Regalado: -- because it's something that should be done. I wish we can do that in Flagami, you know -- Vice Chair Spence -Jones: Yeah. Commissioner Regalado: -- create a CRA and pay for the police because we need a special operations there a lot of time, or in Allapattah, but it's good that we can do that. I really believe that we can pay for the CRA -- I mean, for the NET office within the CRA boundary. Commissioner Gonzalez: We have the chief and the deputy chief here. We might want to ask them the question, you know, if -- how many special operations they have scheduled for next year and what is the cost for the two CRAs. Commissioner Sarnoff Have we confirmed that we can run NET out of the -- has that been a confirmed issue? Vice Chair Spence -Jones: From the CRA? Yeah. Commissioner Sarnoff Yeah. Vice Chair Spence -Jones: I definitely talked to the director about it from the CRA. Ms. Bru: I think that you need to talk to the director because I just saw him in the hall and he didn't say yes to me. Commissioner Sarnoff Was he pale? Vice Chair Spence -Jones: Okay. Commissioner Sarnoff Well, you're the City Attorney. Ms. Bru: Well, generally speaking, you cannot fund general government operations out of CRA money, so you really need to look at the program, how it's going to be structured. If it falls within the ambit of general government operations, you cannot fund it. Commissioner Sarnoff I agree. Ms. Bru: So you need to look at -- Commissioner Sarnoff Well, there's the director -- Ms. Bru: -- it without looking at -- Commissioner Sarnoff -- let's ask him. Can you fund a NET operation, as we know it in the City ofMiami Page 186 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 City, out of the CRAs? James Villacorta (Interim Director, Community Redevelopment Agency): It would -- you'd have to depend on what the scope of that operation is, if there was no -- Commissioner Sarnoff Scope it just like it is now. Vice Chair Spence -Jones: State your name -- Commissioner Sarnoff Just like the NET exist right now. Vice Chair Spence -Jones: -- for the record. Commissioner Regalado: Graffiti, blight. Mr. Villacorta: The Legal Department is correct, we can't fund general government operating expenses, so we have police patrols in the CRA; we don't fund that, but we fund enhanced patrols, additional police we fund. Commissioner Sarnoff So you're essentially telling us you cannot fund a general City function - Mr. Villacorta: Operate -- correct. Vice Chair Spence -Jones: You mean police? Commissioner Sarnoff -- out of --? Mr. Villacorta: Well, police or -- Commissioner Sarnoff No. NET as well. Mr. Villacorta: -- NET. If there was no NET office, could we run the Green Shirt program and the enhancement team program, yes, we could do that. But if the City's doing that everywhere else and it's a general operating expense of the City, we can't pick it up. Commissioner Sarnoff So if we stop NET everywhere else and we just run it out of the CRA -- Mr. Villacorta: I'd defer to the Law Department -- Commissioner Gonzalez: Let me ask you a question. Mr. Villacorta: -- for their analysis. And you have to remember that our budgets have to go in front of the County, and they will scrutinize -- Commissioner Sarnoff Yeah. They're not going to like that. Mr. Villacorta: -- is this an operations -- Vice Chair Spence -Jones: But let me ask you something. But the CRA can get a -- give a grant to the City, like we gave a grant to City for police. Commissioner Sarnoff Unhanced [sic]. We have so show that it's not a service being provided by the City. City ofMiami Page 187 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Villacorta: Again, I'd defer to the Law Department's analysis. It would really depend on what this program looks like and whether it falls -- Commissioner Sarnoff When is somebody going to save us from ourself [sic] here, Madam City Attorney? Ms. Bru: You can't do things on the fly, Commissioner. I mean, if we're going to design a program and staff it, that in fact is going to enhance, you know, the services for the CRA district, then it probably is a permissible expenditure. What we're doing now, though, is we're trying to look at an ongoing current City general operating function and trying to shift it to the CRA. We cannot do that. Commissioner Sarnoff So anybody can get a copy of this record and just look into what we just said? Commissioner Gonzalez: All right. May I ask you -- can a special police operations on the CRA be funded by the CRA? Ms. Bru: The statute permits policing initiatives -- police initiatives, community policing initiatives. Commissioner Gonzalez: What both chiefs have instituted in the City with the -- how do you call the program, chief? With the Operational [sic] Difference is something that they created for the different neighborhood. Can that be funded by the CRA? Ms. Bru: It -- the statute says that you can fund something that they refer to as a community police initiatives. So from time to time, I think ifyou come up with something that is new, an initiative, a police initiative that does something that is particular to that -- to the -- that segment of the City, that section of the City, it would be permissible, so -- but it would really be up to the chief you know, to design a police initiative that would comply with the statute. I mean -- Commissioner Gonzalez: Well, that is a police initiative that is -- Ms. Bru: In the district, in the CRA district, for the district. Commissioner Gonzalez: Yeah. They have in the CRA. They have it in Overtown. They have it in -- Vice Chair Spence -Jones: DDA. Commissioner Gonzalez: --Allapattah. They have it in Wynwood. They have it in downtown. They have it in Little Havana. They have it everywhere. Ms. Bru: If it's something that is tailor-made for the district that responds to the needs of the district that speaks to the redevelopment plan and what we're trying to do in the district, it is permissible expenditure. Deputy Chief Frank Fernandez: Commissioner, Frank Fernandez, deputy chief Miami Police Department. Commissioner, the Operation Difference that we do across the City are all on -duty. In the past reviews, what we call NET 100 to supplement that in terms of prisoner transport detail, that is now being supplemented by the detention officers so it's zero cost to the operations. We used to have a NET 100. I have since, because of the budget cuts, I have cut down all NET 100, so there are no operating overtime funds available for the NETs. Commissioner Gonzalez: So you're not going to have anymore Operation Difference? City ofMiami Page 188 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Deputy Chief Fernandez: No. We're going to have Operation Difference like we've had them in the past, but they're all on duty. Commissioner Gonzalez: All on duty. Deputy Chief Fernandez: There is no overtime cost to Operation Difference. In the past, the overtime cost that may have been associated was with the transport detail. That has since been removed because of the new detention officer -- Commissioner Gonzalez: Okay. Deputy Chief Fernandez: -- and because we've also cut out overtime for what we call NET 100, which is for the patrol commanders -- Commissioner Gonzalez: Right. Deputy Chief Fernandez: -- to operate initiatives. That's how we've reduced the budget to help out our shortfalls. Yes, sir. Vice Chair Spence -Jones: Okay. I'm sorry, chief. Chief John Timoney: On the -- (UNINTELLIGIBLE). On the CRA, the same rules apply that are applied to the federal monies that we use, the Law Enforcement Trust. You can use the money to supplement, add to the regular police patrols. You can't supplant. If you supplant, you violate the law, what is a federal law or the law involving the CRA, so it's a supplement but not to supplant regular, ongoing police operations. Vice Chair Spence -Jones: Okay. Let -- Commissioner Gonzalez: Will you say --? Commissioner Sarnoff We're at 1.75 million. Vice Chair Spence -Jones: Okay, so -- Commissioner Sarnoff That's where we're at. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Would you say that Operation Difference is a supplement? Chief Timoney: Operation Difference is a once -a -month operation where we take resources that are on duty resources the Crime Suppression Team (UNINTELLIGIBLE) and just -- for the three-day period create a task force. One day are narcotics; the other days on fraffic, so they have all the fraffic people in a certain area. They have all the narcotics people in a certain area, and so it's just that once a month we do Operation Difference with on -duty resources, and since the budget crunch, no overtime. We used to use some overtime for prison transport. That's all been eliminated. Ms. Bru: Commissioner -- Vice Chair Spence -Jones: Okay. Ms. Bru: -- Gonzalez, the Chairman reminds me -- the Chairman -- I'm sorry, the executive City ofMiami Page 189 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 director of the CRA remind me that during the CRA meeting today he did speak to the fact that you can always give back some of the TIF (Tax Increment Funds) money back to the County, back to the City -- Vice Chair Spence -Jones: City. Ms. Bru: -- So if you're just looking for money that you can use -- Vice Chair Spence -Jones: We could do that. Ms. Bru: -- then you can do that. You can make -- Vice Chair Spence -Jones: Okay, let's hear this -- Madam City Attorney, let -- thank you 'cause I know I wasn't insane. Did you hear that, guys? Hello? Commissioner Regalado: Yeah. Vice Chair Spence -Jones: Marc? Commissioner Sarnoff Yes. Vice Chair Spence -Jones: I mean, Commissioner Sarnoff? Commissioner Sarnoff Yes, ma'am. Vice Chair Spence -Jones: And Commissioner Regalado. Say that again, Madam City Attorney. Ms. Bru: No. I was just reminding the Commission that the executive director earlier tonight reminded you that you can take TIF money and refund it -- Vice Chair Spence -Jones: And use it. Ms. Bru: -- back to the City. It's tax money. You can transfer money back to the County and back to the City if that's what you wish to do. It is a permissible use of the money. It is part of the tax base that you have available to you. It would just require action of the CRA. Commissioner Sarnoff And -- Vice Chair Spence -Jones: So Commissioner Sarnoff and Commissioner Regalado -- Commissioner Sarnoff -- what project are we not funding? Vice Chair Spence -Jones: Well, let me ask -- Mr. Executive Director, please hit the mike because we're talking about saving people's jobs and doing all this wonderful stuff that we want to fry to do. If we were able to take monies out of TIF project -- I mean, TIF revenue that's generated, which you said earlier and now she's adding on that we could use money out of it -- we just have to vote on it as a board -- to help supplement something, we can do that. Mr. Villacorta: The CRA could return the TIF to the taxing authorities and the percentage that they paid in, so if you took a $1 million -- took 500, 000 from the Omni and Overtown of that $1 million, 40 percent would go back to the County and 60 percent would come back to the City and you'd have $600, 000. Vice Chair Spence -Jones: Okay. Jim -- and I don't know if you can -- maybe you might want to just work on the numbers really fast on it for us, but do you have any sense of -- because City ofMiami Page 190 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoffjust asked well, what would we be taking away if we don't utilize the TIF. Do you know if there's certain projects already committed to the TIF in our two areas? Mr. Villacorta: Between the two CRAs, I mean, you could probably find that $1 million if that's what you wanted to do. The -- of course, the Omni CRA receives more TIF than the Overtown CRA so it would be a little more of a burden on the Overtown CRA, but I think we could -- you know, I'm sure we would tighten our belts and get by with what was available. Vice Chair Spence -Jones: Mr. Vice Chair -- Mr. Villacorta: Most -- all of our projects to date are funded -- Chair Sanchez: Madam, thank you. Mr. Villacorta: -- pay-as-you-go, so the projects that are underway are fully funded. Chair Sanchez: All right. I'd like to proffer a motion. So far we've identified that we could all agree on 1.75 million. I would like to make a motion to proffer that money to go towards the NET offices where the administrator could run at least a minimum of five NET offices representing each disfrict in the City ofMiami. So moved. Commissioner Sarnoff Second. Vice Chair Spence -Jones: I totally disagree with that. How are we doing that? How are you going to have --? Chair Sanchez: He's going to tell you. Mr. Rosemond: That is one of those stark scenarios that we have explored. We will place the NET offices, according to the disfrict, in the area of highest need, and we might be able to squeeze one or two additional operations out of that dollar, but you know, it's -- we will do whatever we can with whatever we get. Vice Chair Spence -Jones: Five -- a NET in each one of our offices [sic]. That's your suggestion? Mr. Rosemond: No, that's not my suggestion, Commissioner. What I'm saying is if this is the only funding that we have, besides the fact that we do love our job -- we love what we do and we want to make sure that we can continue to provide the service -- Vice Chair Spence -Jones: I know, but we don't want to have you put yourself in a situation that you can't service the people. I mean, so that means your Flagami people are going to be shared with your Allapattah people, my Little Haiti people are going to be shared with my people from Wynwood. It's -- Commissioner Gonzalez: No. Vice Chair Spence -Jones: No. This is two different persons -- two different group of people. Commissioner Gonzalez: The people in Overtown. Mr. Rosemond: Well -- Vice Chair Spence -Jones: So I think that we have resolved. I know Administration's over there trying to figure out something, but we just figured out a way to at least identify at least a million dollars from both CRAs to accommodate the -- at least the shortfall. We still got another City ofMiami Page 191 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 shortfall to deal with. We're not even talking about just, you know, the 4.8 that we still got to go with, but at least we're at the -- we added the additional million dollars on there, which means that gives us -- what was it, a 2.3, did you say, Commissioner Sarnoff? Commissioner Sarnoff No. We are now, I think, at 1. 75 because the 600,000 doesn't seem clear that we can do it. Chair Sanchez: No. Mr. Hernandez: No, you can't. Vice Chair Spence -Jones: No. You just missed the point. We can't use -- we can't put the 600 in, but Jim -- where's Jim again? Jim just said no, we can't use that particular pot of money, but we can use some of the TIF revenue to do that. He just said it on the record. So did Madam City -- Madam City Attorney, didn't you just say that? Ms. Bru: Jim said he could probably find about $1 million to return. Mr. Villacorta: If that was the will of the board. That -- the exact mechanics of that, I mean, we'd have to work out with the Law Department. You -- Commissioner Sarnoff But -- Mr. Villacorta: -- need the County's approval, and they're not going to be -- Commissioner Regalado: But it -- Mr. Villacorta: -- they might want more than a million back. Commissioner Regalado: -- has to be approved by the County too. Commissioner Sarnoff Right. Mr. Villacorta: Yes. Commissioner Sarnoff And the County can then turn around and suggest that -- Mr. Villacorta: They make it five -- Commissioner Sarnoff Right -- that it not be that number, and once you cross that line in the sand, Katie, bar the door; your CRA is now in peril, and if you want to imperil your CRA, that's your choice, and if that's what you want to do, that's okay. Because the County can then come in and say, you know what? I'm looking at your entire list and I'm going to defund your entire project. And we've had communications with some County Commissioners. with the Mayor in my office suggesting that what we should do is defund the CRAs for the next three years. Vice Chair Spence -Jones: I understand that. Commissioner Regalado: I did too. Vice Chair Spence -Jones: I also had the same conversation with some County Commissioners as well regarding the issue of them making even the comments, if you guys are having a shortfall over there, you guys should also be considering utilizing some of those resources to deal with some of the issues you guys have in your budget. I mean, this is the time you need to look at that when you're having a financial crisis. You got to look everywhere to try to find the resources in City ofMiami Page 192 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 order to save the jobs. So, I mean, I -- if my CRA director is telling me right now that out of the TIF, he feels confident that we could find at least $1 million to do that -- Commissioner Gonzalez: How many? Vice Chair Spence -Jones: A million between all both. I mean, I'm -- so to me, we're -- that's a million dollar we're putting into the pot, which takes us up to an additional $400,000 that we did not have here before. Right? Mr. Hernandez: Mr. Chairman, ifI may. I hate to say this, but I have concerns with the approach that Mr. Villacorta's proposing. These are monies that would come towards the end of the year. A portion of it may have to go to the County. I think it's risky and it's something that you cannot count on tonight. Vice Chair Spence -Jones: Okay. Let me just say this. Let us add the numbers, okay, and then at the end of the day, we all make a decision what we do. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. And then after that, we just have to go 'head and make a decision how we handle this thing, so -- Chair Sanchez: How -- I'm sorry. Vice Chair Spence -Jones: -- Sarnoff -- Commissioner Sarnoff, can you just -- can we just close out on the numbers to make sure we're clear of what we said originally? Commissioner Sarnoff Well, we're at one of a sure -- as sure as you can be at this time of tonight. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff One million seven hundred and fifty thousand dollars. The other 600,000 was the Omni, Wynwood, DDA money that you -- that we should not be spending for the NETs. Commissioner Gonzalez: NETs. Vice Chair Spence -Jones: Okay. All right. And that's taking in account what he just said about the million dollars. You're saying you would not want to include that? Commissioner Sarnoff You're talking about from the CRAs? Vice Chair Spence -Jones: Yes. Commissioner Sarnoff I got to tell you, I think you're playing a risky game. Vice Chair Spence -Jones: Okay. All right, so I tell you what, so we're at the 9.650. That's where we are without adding any additional. Commissioner Sarnoff No. Chair Sanchez: No. Commissioner Sarnoff One point seven five. City ofMiami Page 193 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: One point seven five. Vice Chair Spence -Jones: No, no. I'm saying altogether, the hole is nine point -- you told me six five oh -- Commissioner Sarnoff Yeah, yeah. Vice Chair Spence -Jones: -- that we need -- we would need to find. Commissioner Sarnoff Yeah. Vice Chair Spence -Jones: Correct? Commissioner Sarnoff Correct. Vice Chair Spence -Jones: Okay. Chair Sanchez: Haydee, and then we're going to call the question on this. Ms. Wheeler: All right. Chair Sanchez: Could you run the office -- Ms. Wheeler: Commissioner -- Chair Sanchez: Can you run the NET office with 1.7? Ms. Wheeler: Well, ifI may, we said a little while ago that our math show that's each office is costing about $200, 000 per office to operate on an average. One point seven five, it's eight offices; five, I think, Commissioner, we even spoke to you about some districts are very long. We might be able to reduce, but on an average of 1.7, if the other monies is not identified, that would actually give us eight offices to operate, and then we can consolidate administrators. Chair Sanchez: All right, call the question. Vice Chair Spence -Jones: Okay. Commissioner Regalado: And this is including the assistants or just the NET director we're talking? Mr. Rosemond: Okay, this is the question that -- I'm sorry, David Rosemond, NET administration. That is the question that we were just conferring, if this pot of money include the AFSCME positions or this were, you know -- because -- Chair Sanchez: No. Mr. Rosemond: -- we could -- Commissioner Regalado: No, it doesn't. Chair Sanchez: It does not include the AFSCME positions. Mr. Rosemond: Okay. City ofMiami Page 194 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: The question has been called. Let's vote on the item. Mr. Rosemond: Okay. Commissioner Sarnoff Well, wait a minute. If it doesn't include AFSCME, then what are we staffing them with? Commissioner Regalado: The director. Commissioner Sarnoff A director? Mr. Rosemond: The administrators. Commissioner Sarnoff I'd like to direct myself around for 80,000 a year with no one to boss. Vice Chair Spence -Jones: Okay. Well -- I mean, but this is the reason why we're having this discussion, which -- I'm sorry. Sorry, Mr. -- oh, I'm chairing. Okay. Let -- 'cause I think we spent a lot of time on the NET situation. I think we all know and all support something happening with NET. We already know that. Can we just -- Chair Sanchez: Call the question. Vice Chair Spence -Jones: -- call the question on the five NETs operating the whole entire City? Chair Sanchez: And then we'll focus on the -- Commissioner Regalado: No. She didn't say five NETs. She said -- Mr. Rosemond: We said eight. Commissioner Regalado: -- that money would make eight. Mr. Rosemond: Right. Commissioner Sarnoff Without employees. Commissioner Regalado: Without employees. Commissioner Gonzalez: Yeah. Commissioner Sarnoff Okay. Commissioner Regalado: No. But that's -- Vice Chair Spence -Jones: So --I mean -- Commissioner Regalado: -- what we're voting on. Vice Chair Spence -Jones: No. Right. No. Commissioner Gonzalez: No, no. Commissioner Sarnoff I didn't know that when I seconded it, but -- Vice Chair Spence -Jones: Are you seconding it or you're withdrawing your second? City ofMiami Page 195 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff I'll withdraw my second. Vice Chair Spence -Jones: Okay. All right. So -- Chair Sanchez: But hold on 'cause they're 28 positions. Out of the 86 positions, 28 of those positions are the NET. We realize that we may not be able to save all of those positions. Well, we could certainly save some of the positions for NET. Vice Chair Spence -Jones: Can -- right. Can -- so that motions die, right, Madam City Clerk? Ms. Thompson: There was -- the second was withdrawn, so you do not have a motion on the table. Vice Chair Spence -Jones: All right, so let me just offer this to my colleagues, and you guys tell me how you -- I mean, I think that we have did a -- many exercise to fry to figure out how do we get to this 9.650. Certain things I asked Mike Boudreaux -- Mike, did this also include the four -day workweek and the reduction that's going to come from us going to a four -day workweek? Mr. Boudreaux: For the NET offices? Vice Chair Spence -Jones: No. In general for the City, remember? Mr. Boudreaux: The four -day workweek for the AFSCME employees was not included. Vice Chair Spence -Jones: No, no. I'm saying the savings from us going to a four -day workweek -- remember, that was something I kept asking for over and over and over and over again that there would be some savings from not operating five days a week because all of the building would be closed, we would save on gas. Remember that whole estimated amount? Mr. Boudreaux: That's correct. But this budget does not include any savings from going to a 4/10 workweek. Vice Chair Spence -Jones: Why? Mr. Hernandez: Commissioner, ifI may. The four by ten was supposed to be a concession if AFSCME came across with what their commitment was to do their share. They did not come close. I pulled it off the table, the four by ten, and I left it up to the Administration's discretion. If we feel it is the right thing to do, we can do it, but it's not a concession. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: What is the savings on the four -day? Mr. Hernandez: A hundred thousand. Commissioner Gonzalez: A hundred thousand a year? Mr. Hernandez: Hundred and twenty -- Mr. Boudreaux: It's not a lot of savings, Commissioner, considering. We have -- Mr. Hernandez: And then you have a loss of service that is significant. City ofMiami Page 196 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Mr. City Manager, let me proffer one thing here. I think that by putting the NET office and establishing the NET offices and possibly us thing the agreements that think that could be done, subject to AFSCME 1907 coming back with a recommendation how to save some positions -- we're not asking them to save 87 positions -- but they must -- their members must realize that they must make sacrifices to make sure that people around here don't lose their jobs. Folks, it is October; November, Thanksgiving; Christmas is coming up, and if somebody loses their job, it is not going to be on the conscience of this Commission. It is going to be on the conscience of those who refused to make sacrifices to save their colleagues and their coworkers, okay? It's time that everyone make sacrifices. Ifyou look at this budget, people have made significant sacrifices. Commissioner Gonzalez: Well -- but let me fry to clear the record. When I work on the first savings on the vacant positions, the idea was to save some more employees ofAFSCME. They were going to get -- they were -- 86 people were going to get fired, so I work with the Manager. We work on the numbers, work with you, all of you; we achieve a million dollars, and that supposedly was going to save 20 more -- 18 position, I believe, 18, 15, 16, 17, whatever, between 15 and 20 position, okay, so that is -- that was the purpose of the $1 million. Let me tell you, you know, to -- I love to have NET offices, but to have NET offices with directors, you know -- and if we're going to have NET offices, then we need to have one NET office by district, but not eight. How we going to divide the other three, okay, because it's going to be unfair for anyone, you know. If get two, some of you are going to complain. Ifyou get two, I'm going to complain, so you know, it should be square; five, one a piece. Vice Chair Spence -Jones: But you know, I think -- Commissioner Gonzalez: One per district. Vice Chair Spence -Jones: -- that, though, some -- in some instances -- Commissioner Gonzalez: What think that we need to do is to try to see how much more we can save, you know, on this nonunion positions, the idea was that we fried to identify some money and let them identify some money on salary cuts, on furlough days, on whatever, to see how many of those 17 positions we can save. If we could save 20 position, hey, it's 20 more; 25, 25, you know. Vice Chair Spence -Jones: Can -- I think that we've -- we're NETted out, so we got to figure out, David, ifyou have one more comment, but want Mike on the mike real fast. Mr. Rosemond: Just a real quick suggestion. We talked about having some of the NET offices funded through the CRA of special projects. We could save eight of the NET offices with a 1.75 and then have two special sites that will be operating out of Overtown and the downtown area, so that way it would not be as a -- Commissioner Sarnoff Not after this record. Mr. Rosemond: Excuse me? Commissioner Sarnoff Not after the record we just made. Vice Chair Spence -Jones: Yeah, I know. Commissioner Sarnoff I'm not voting for that just very clearly, not after the record we just made in public. Vice Chair Spence -Jones: Yeah. It's -- we got it. We -- at this point, thank you, David, we need City ofMiami Page 197 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 to -- it's time for us to deliberate on what we need to do. Let me -- I hate Commissioner Gonzalez is not here -- I just really want to talk to my colleagues 'cause this is -- it's really going to boil down to us making a decision around what makes the most sense for the City and for the people that we have to serve, and of course, the employees. I have to tell you fundamentally I've had issues with this budget process and how things have happened with this budget process. Much of the attention has only been placed on the unions, which I -- you know, I understood the reason why, but very little has been placed on the nonunion employees. I want to understand from my budget director when I -- when we go through these numbers and the final numbers we came to, I asked -- I'm going to -- please -- I wanted to know the amount that would -- it would take to save the union and the unclassified jobs, and I think that what -- after we came up with our numbers, I think it came to -- I guess Commissioner Sarnoff said about 9.650, correct? Commissioner Sarnoff If -- Vice Chair Spence -Jones: That's really what the number was, right? Commissioner Sarnoff Correct. Mr. Boudreaux: To save -- Vice Chair Spence -Jones: Now -- Mr. Boudreaux: Okay. -- the unions and the nonunion positions -- Vice Chair Spence -Jones: Yes. Mr. Boudreaux: -- that are filled -- Vice Chair Spence -Jones: Yes. Mr. Boudreaux: -- 4.8 for the union and 7.2 for the nonunion. Vice Chair Spence -Jones: Yeah, but we also took out the additional -- Commissioner Sarnoff We found a million seven fifty, so in your head, that's 9650, if I'm right. Mr. Boudreaux: Okay. Vice Chair Spence -Jones: Okay. Now, since all the unions have totally compromised -- and I'm talking aboutAFSCME and still -- you know, we're still trying to figure out what they're going to do -- we know that that 9.6 is the number that we need to find. The thing that disturbed me out of all of this -- and I know that I'm going to freak my fellow City Manager out over there and City staffers, and I see Larry looking down. I just don't understand the life for me -- and you guys help me understand this, okay. Our fund balance was how much? Mr. Boudreaux: Our fund balance started the year off -- Vice Chair Spence -Jones: No, no. I'm talk -- starting off, it was 93 million, right? Mr. Boudreaux: Ninety-three million. Vice Chair Spence -Jones: Right? Mr. Boudreaux: That's correct. City ofMiami Page 198 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Okay. We're down to how much? Mr. Boudreaux: We're projecting it to go down to 73. Vice Chair Spence -Jones: We're projecting it to go down to 73. Now, I don't know about you guys, I think that at least was and I know some of the folks sitting on the dais was as shocked as I was to realize that we went ftom what 93, 92 to 73 million -- $72 million in the fund balance. Remember, this became a big issue for us, like how did we get here, you know? When was all of this stuff done? I mean, yes, we voted and approved, but it was not until, you know, we get all of these reports from our Finance Committee how we were not responsible. Mind you, nobody is knocking on our doors, correct? Were they knocking on your doors saying that we had a problem? Commissioner Sarnoff Yes. Vice Chair Spence -Jones: Okay. So -- when? When we got close to that 72 million, right? Commissioner Sarnoff I've been following this -- we've been deficit -spending for four of the past five years. Vice Chair Spence -Jones: Right. But my -- right, but my point is they allowed for us -- and I'm not -- listen, I'm not frying to make your guys look bad. That's not the intention. I'm just frying to merely find a solution. I just don't understand the life -- for the life of me how we can, as a group and a body, we sit up here and we vote on items that are extremely important at the time when we have to take monies out of the fund balance to cover special projects, CIP, all kinds of things that ultimately got us to the $72 million issue. I'm trying to understand how we could sit here at the same time knowing that, you know, yes, I understand that we can't save everybody and I understand that some people are going to have to be without work, but to me, it would seem -- and I know everybody single last one of you guys have a heart and understand that at the end of the day, whatever we vote on, it's going to affect those people that are looking at us and that are watching this on TV. It's going to affect them one way or the other. I just want to understand from the Administration why would we not -- and from us, why would we not consider taking something from the fund balance. If we considered $20 million of all kinds of projects, all kinds of major things that needed to happen within the City, I can't understand the life of me why we couldn't do that for our people. I mean, I just don't get it. And I do understand thatAFSCME -- and I'm on -- whatl equate all of this to is about maybe about $6.8 million worth of whatever we would need to have to come from the fund balance on 'cause I do believe thatAFSCME and others need to work harder to see if we can get closer to the number. I do believe that. I think that, yes, the Fire and Police and sanitation have all done their parts, but think that it's extremely difficult for Charlie to do the kind of things that Fire and Police have done. They just don't have it to do it like the others do, and we're trying to squeeze blood out of a turnip. Now, thank God for Commissioner Gonzalez over here, which is good with numbers over here, figuring out additional monies because we wouldn't even have that to deal with. I'm just frying to understand why you guys are not coming to us -- on any other occasion you would come to us to say, you know, we need to take it out of the fund balance. Why are you not willing to do this for these people -- Mr. Hernandez: Commissioner, that's -- Vice Chair Spence -Jones: -- to keep the quality of services going for the neighborhoods? Why? Michael. Mr. Hernandez: No. That's my issue. Chair Sanchez: I think the City Manager -- City ofMiami Page 199 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Oh, okay. I'm sorry. Mr. Hernandez: And, in essence, I'm glad you brought the question up. Let's go back to September 10. September 10 this Commission made the decision and that decision was to maintain or lower the taxes for every resident of the City ofMiami. Vice Chair Spence -Jones: I understand that. Mr. Hernandez: And it's very difficult to lower taxes, maintain services and don't impact the workforce. Impossible. So once that decision was made to, in essence, lower the taxes to every resident, we boxed ourselves in into a situation that left us very little margin to work on -- please allow me because there is -- Vice Chair Spence -Jones: I'm going to allow you. Mr. Hernandez: -- another part to this. And then we know that looking ahead to 2011, you have a budget that is going to be just as difficult as this one, if not more. It's hard and difficult for me to say this because I've been giving too much of my life in working here and in working in this budget, butt have to tell you what the facts are. We have to reduce the size of government, and we have to start looking at it right now. Don't postpone it. It's going to be much, much worse in 2011. It's very difficult to deal with this, but we might as well start dealing with it right now. Vice Chair Spence -Jones: Okay. Pete, I understand that, and guess what? The reason why we're here is because $20 million later, you're just telling us that now. So let me just -- this is my suggestion. Again, no one has to be in support of it, but if nothing else, I want to be able to at least communicate how important it is to figure out a way for us to save as many City employees. This is my recommendation. We know that it's the 9.650. That's what we need. We know that we're not going to be able to get this from the budget. My recommendation, Mr. Boudreaux, is out of that 7.2 million that we're talking about for nonunion employees, we look at half of that coming from the overall fund reserves. The 4.8 million that is needed from Charlie's group, we're looking at taking a million dollars off of that, which means Charlie from AFSCME or somebody needs to figure out where that million dollars is coming from. So we're talking about really 6.8 that we're frying to actually find in order to help us close some of the gap. Yes, we're still going to have additional three million that's floating out there, but if we break it up, then everyone -- at least we could kind of save some of those individuals that -- from both sides, the union side of it and from the unclassified side of it. So for me -- and I know my fellow colleagues understand how important it is to make this happen because at least it saves the City. So I would like to make a motion that with this budget that we include the fund balance of $6.8 million coming out of the fund balance to at least support this overall budget. This saves our NETs. This saves additional employees that, quite frankly, have nowhere else to go, and at least we're showing that we care about the folks that we -- that serve us and that we serve. I mean, I just -- they just have to make -- everyone has to make it happen. Chair Sanchez: What's the final number, 6.8? Vice Chair Spence -Jones: It's 6.8. Chair Sanchez: All right. There's a motion by the Vice Chair to dip into our reserves $6.8 million. Is there a second? There is no second and the motion dies. Vice Chair Spence -Jones: Okay. Can I just make a comment in that, please? Chair Sanchez: Sure. City ofMiami Page 200 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: I'm not really understanding why we wouldn't have gotten a second on this issue, and I want to understand, at least from my colleagues, before we move on, 'cause tomorrow -- people will be fired tomorrow. I want to at least understand why we didn't get a second on this item. Commissioner Regalado. Commissioner Regalado: Thank you. I would have second that in a heartbeat, but the problem is that we weren't told that we had a budget deficit this year of more than $20 million. We didn't know that. You know, I used to work in Washington, and they said when did he know and what did he knew, and this is a question that we need to ask everyday because we found out -- I found out, I -- I don't know about the others -- about the deficit in this year's budget when Mike disclose on the middle of being questioned in that case by me, so he needs to take $20 million of the reserves. By doing that, the reserves are under what we need to have to function according to what was established by the Oversight Board and the anti -deficiency. Mr. Boudreaux: Commissioner -- I'm sorry. Commissioner Regalado: Yeah. I just want to -- Mr. Boudreaux: The budget for 2009, you know, before all of these things occurred in 2000 -- in fiscal year 2009 was balanced and it assumed certain collections that will be made in the year. As the budget performed and as time went on, these collections have been impacted and have slown [sic] down, so it's not like we're planning to utilize the fund balance for 2009, but as a result of the performance mainly in the collection, some spending, special pays, risk management -type expenses that were higher than projected that, you know, we are projecting the use of fund balance that currently at -- last projections was at 20 million, could be a little higher as we're closing out the year, but as a result of primarily the slow -down of collections is why we're anticipating this use. Now, because of the fact that we are going to have this use for 2009, we will have to present to you, once the financial are closed, a plan to get it back up to the level that's been established under the financial integrity principles. Now, on top of that, the key word is this is the unplanned use of this fund balance. The unplanned use. It wasn't for any special projects. It wasn't for anything in particular. It's just a result of the operations for the 2000 fiscal year. Now, if you were to use fund balance as a part of balancing this budget, then it has to be used for nonrecurring purposes, which utilizing it for the NET is sub -- you know, is a recurring purposes and will put us out of the structurally balanced budget principle that you establish. Commissioner Regalado: And that is why I personally didn't second because I would have love to take that money, but we have to put it back immediately, and it would be worst in the next six month, in the next eight month. Vice Chair Spence -Jones: Okay. Can I -- 'cause the motion died. At least everyone knows in the City my position, and I put that on the record, and -- but just want to be very clear so that at least my colleagues know 'cause sometimes we don't have all the information. I asked a question what the reserves could actually be used for, and I remember the City Manager, you know, in the midst of all of the PR (Public Relations) or the media frenzy that was going on, one of the media people asked him about rainy days and reserves and his comment was somehow, well, you know, that's what you use the reserves for, for rainy days. There are several times that we used the reserve out of that $20 million and it wasn't raining one day, but anyway, that's a whole nother discussion. But between -- when I look at designated reserves, it's one through five on here. Mike, I want you to make sure your -- our fellow Commissioners understand the number five on there of what designated reserves could -- can be used for, can you please read that for us so that at least everybody understands that this is what we're actually supposed to be using the monies for? Mr. Boudreaux: Well, according to the financial integrity principles, designated reserves are City ofMiami Page 201 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 things that are designated for specific purposes in the reserves. In the past, it was for such things as management initiatives, blue ribbon panel, things of that nature. Vice Chair Spence -Jones: Can you please read it into the record, number five? Mr. Boudreaux: Well, according to this document, number five is anticipated adjustments in pension plan payments resulting from market losses and plan assets and other unanticipated payments necessary to maintain compliance with contractual obligations. Vice Chair Spence -Jones: Okay. So it was communicated to me by staff that that was one of -- number five was a for instance that we could actually dip into these reserves for to assist with the current situation that we're in. Is that correct? Mr. Boudreaux: That is one of the situations. Vice Chair Spence -Jones: Okay, so I'm not understanding. We know that the -- there's been serious market losses. We know what's happening with the economy here. It's not like we're dipping into these reserves for something that does not make sense. It's right there written in our paperwork about what designated reserves could be used for. I'm just not understanding, for the life of me, if we're talking about -- we can save all the people, but if we can save some of the people, why are we not considering it? Commissioner Sarnoff Mr. Chair. Vice Chair Spence -Jones: And then, Commissioner Regalado, I appreciate the thought that you would have considered it because, you know, if we wouldn't have used the 20 million -- that's water under a bridge right now. I mean, there are a lot of things I wouldn't have done honestly, ifI would have known something was going to take place, but right now we're dealing with a issue right now and this is about people. This is about us being able to take care of the people that are taking care of us, that take care of the residents of our city. I just do not understand the life -- for the life of me why we're not even considering it. And honestly, I mean, you guys have your own constituents to deal with, of course, but I just -- I don't understand -- right now, once we vote on this -- because we don't have any more money. This is the only place at this point -- because after we vote tonight, it doesn't matter what Charlie them do; we're stuck. So that means all these people out here, they don't have a job. That means all of the additional people that are -- the union folks, they don't have a job, and we have a mess. So here's the situation where we can cure the problem and we're not even considering it. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff You know, back quite a while ago I asked for an LSR (Legal Services Request) on how we can use reserves and under what circumstances, and it's Section 18-542 of the City of Miami Code, and what it says is any time these reserves fall below the 10 percent threshold, the City Commission shall adopt the plan to achieve the threshold within two fiscal years. There is no plan that this Commission can come up with to achieve -- Vice Chair Spence -Jones: Six million dollars? Commissioner Sarnoff No. 'Cause we're going to be about 25 million below our reserves in total, and there is no plan that we can come up with in two years to bring us back to 25 million, and that's a fact. And you'd be violating the rule of law to do that, and I don't think -- Vice Chair Spence -Jones: I'll be -- City ofMiami Page 202 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Well, let me just speak. Vice Chair Spence -Jones: Okay, I'm sorry. Commissioner Sarnoff I don't know that any Commissioner here is willing to violate the financial integrity ordinance and risk the citizens ofMiami's money when there is no feasible plan -- and you know, I don't know what the other Commissioners do, butt spend a good amount of time with Michael. We've talked vigorously about the '011 [sic] budget, and the '011 [sic] budget, I believe, we're functionally bankrupt. You know, let me say it, I don't know what the plan is. There's nothing that can be created. There's no idea that will happen so long as we go in the projected manner and means which we proceed, we will have about a $470 million fiscal budget and we will have between a 102 and $152 million pension liability. Just do the math. You are functionally bankrupt. And if the Commission's will is to go to the maximum mill rate, that's their choice, but government has got to learn to live within its means, and it has not. You feed the beast and the beast will eat, and this beast has eaten very, very well. You know, on January 10, I made a motion to freeze the salaries and freeze the open positions of the City of Miami. I got a second from Commissioner Regalado. Everybody voted against it. I was a three -headed monster. I didn't even know what I was talking about to this Commission. Yet, that would have saved us $3.2 million and NET would have been saved, but nobody likes to think beyond tomorrow. Sometimes you need to think the next six months, the next year, and nobody wanted to do it up here. Vice Chair Spence -Jones: IfI can just add on to you, Commissioner Sarnoff. And, Larry, if you can please step to the podium for a minute 'cause I do want to make sure that we clear up -- you know, a lot of times we throw things out there and we -- you know, we put, you know, these terms, you know, financial integrity ordinance, and we know that it takes us changing the ordinance up here, okay. We -- all we got to do is vote and make a change on it, you know, in order to accommodate the $6.8 million. Is that correct, Larry? Mr. Spring: Larry Spring, chieffinancial officer. Again, Commissioner, this is a City ordinance, so the Commission can do whatever the Commission's will is, but right now, as it stands, we have to follow the -- Vice Chair Spence -Jones: Exactly. Mr. Spring: -- we're -- yeah. Vice Chair Spence -Jones: Okay. So can I just -- and I don't want to beat a dead horse. Everybody knows what my position is, but Larry, I do want to understand from your viewpoint regarding this issue of the plan that Commissioner Sarnoffjust mentioned that a plan would have to be put in place to address whatever the shortfall was to bring the fund balance back up, correct? Mr. Spring: That's correct. It's in the ordinance. Vice Chair Spence -Jones: Okay. Chair Sanchez: Financial integrity. Vice Chair Spence -Jones: Right. Mr. Spring: The financial integrity ordinance. Vice Chair Spence -Jones: Right. And the number that he just put on the record -- and I just City ofMiami Page 203 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 want to be clear 'cause I'm thinking, okay -- and maybe I'm just ignorant and don't understand it. I'm asking for you guys to find $6.8 million out of the fund balance to save jobs and save people, okay. You're telling me -- Commissioner Sarnoff is saying well, that 6.8 is going to turn to 25 million that we have to find -- how is he getting to those numbers? Commissioner Sarnoff We have a $20 million shortfall. Vice Chair Spence -Jones: Okay. To my understanding, we were going into this whole budget issue, we were at $118 million deficit, correct? Mr. Spring: That's correct. Vice Chair Spence -Jones: Okay. So we just worked the numbers all the way down into -- you know, of course, some jobs being lost in the midst of this, but we all sat up here and added it all up. It came to about 9.650 that we needed to find, okay, so that's a -- I think we made a lot of progress from 118 to 9.605 [sic]. I think we did excellent, and I'm just saying out of that 9.65 -- I'm just not understanding how he's getting to 25, and I don't want to color the situation and make it something that's it's not, but I'm just trying to understand. I'm not telling -- put -- telling AFSCME that they have to be off the hook to fry to find the monies. I'm not saying that. They do. Charlie still has to go back and fry to find that additional million dollars or so that we need in order to make it happen. I just don't understand for the life of me why we don't want to invest in our people. They've already said that, my God, they're giving you their blood. They're saying, hey, look, I will give a day, I will give a week, I will -- you know, take a 30 percent cut and -- I'm actually -- it's a hurtful, shameful thing to be sitting in this seat to know that we would not look beyond whatever issues we may go on and fry -- we can -- fry to figure out other ways to create revenues for the City, why we can't do it for the same -- for these people? And then I asked Mike about the four -day week -- workweek that I've been talking about for months, how much money can I save on that. I asked about the solid waste frucks. Instead of us having to pay for them, pay the 2.5, why can't we lease them? We save a million dollars on that. We have to become innovative when it comes to saving these people, you know, and we can do that. But I just kind of feel like everybody's made up their minds. They want to get the budget passed. Nobody wants to make a decision. Everybody wants to, you know, put -- place the blame on one person and the other, but you know who's going to be affected from it? It's those same people sitting out there. Those are your taxpayers. Some of those people live here. Guess -- live right in the City. Now they can't pay their mortgage, which means it's going to affect our taxes. Now they can't buy anything from the local rib shop guy because, you know, they don't have a job to do that. You know, that helps the small business in the area. I know you guys feel like I'm preaching to the choir, but if nothing else, when it's all said and done, everyone knows that Spence -Jones went down to the wire trying to do everything necessary to save people, and at the end of the day, that's what every single last one of us was elected to do, and I understand that, yes, we have to watch our taxpayer dollars, but guess what? Them same taxpayers are going to be calling your office when they can't go do their taxes, when they can't get assistance with getting their licenses because the NETs -- I mean, all of these things are things that they're going to ultimately affect our ability to lead. I don't get it. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Okay. There wasn't a second on that. Can we get another motion? Can we fry to move the budget along? Commissioner Gonzalez: I just want to address -- during Commissioner Spence -Jones speech, she talk about solid waste trucks, and let me tell you. What is happening in solid waste today is a perfect example of mismanagement. I don't know if you're aware that ten routes are down because frucks are broken down, all right. I know that we approve some money to buy new trucks. They say it takes 18 months to get the trucks, so I figure that if we have ten frucks down, I don't know how much drivers and how many assistants we have sitting in benches getting paid City ofMiami Page 204 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 for doing nothing, and I don't know how much of a time we're spending everyday to pick up the trash, but that is the perfect, perfect example of mismanagement of a department. And let me tell you, Commissioner Spence -Jones, I didn't second your motion because I'm not going to be a part of violating the anti -deficiency law. Vice Chair Spence -Jones: But you won't be. Commissioner Gonzalez: Yes, you would. Vice Chair Spence -Jones: Ask the City Attorney. Commissioner Gonzalez: Would you or you not be? Ms. Bru: I think the CFO (Chief Financial Officer) made it clear that you can -- for certain things, you can use the fund balance -- Vice Chair Spence -Jones: You can use it for. Ms. Bru: -- you can go into the reserve. You just have a plan then to replenish it, though. Commissioner Gonzalez: But that is the problem. Do we have a plan to replenish it -- Vice Chair Spence -Jones: But we can -- Commissioner Gonzalez: -- or we're going to be deeper in the hole next year? Vice Chair Spence -Jones: -- make -- Commissioner Gonzalez, we can vote and approve the budget based upon those numbers, directing City staff to come back with the plan on how they're going to address the additional dollars that's needed from the fund balance. Commissioner Gonzalez: But that is dreaming because there is no way that we can replenish the money. Vice Chair Spence -Jones: But that's not -- Commissioner Gonzalez: There is no way that we can replenish that money. Vice Chair Spence -Jones: But that's not necessarily true. I just gave you an example, for instance, the solid waste frucks. I didn't even talk about that today. Remember on September 10, I said, guys, I need for you to look at how we can save money on those frucks, right? Mario said to us, Commissioner, it's 2.5 or 2.9 to buy the trucks. If we lease the trucks, he told me, it was like 1.5 we would have saved. That's a savings. He's not even telling you about the four -day workweek, but when you shut down all these buildings and they're only working four days a week, guess what? That is going to be a cost -savings to the City. Commissioner Gonzalez: They say $100, 000 a year. Vice Chair Spence -Jones: But that's what they're saying, but you know -- you've ran a business before -- several businesses before. You know a building like MRC for one day or two, three days a week -- 'cause your talking about it only operating four and the other three -- you now good and well you're going to save more than that amount. I just feel like sometimes the Administration -- and I understand their viewpoint, you know, and I know some people are listening to me and not happy right now about what I'm saying, but you know, I have to -- in the end, I have to live with myself and I have to live with God. I cannot sit up here in good conscience know that I did not try everything to save as many people that I know are going to be City ofMiami Page 205 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 affected by it. Quite frankly, my argument has been with Boudreaux and everybody that they have not come up with enough innovative things to at least help us reduce on this budget. You sat here in 45 minutes and found $2 million. Can you imagine if we did that all the way around? And we only did it because we were addressing NET. Come on, now. That's all I'm saying. Commissioner Gonzalez: But let me tell you what the biggest problem is. The biggest problem that we have is that out of the 73 unclassified positions that are going to be lost, I don't think we have a commitment from the 73 people -- from the 73 persons that are going to lose their job as far as cutting down their salary 30 percent and doing furlough and giving this and giving that. We just heard that from a couple of directors here that offered to do that. You know, we needed to have some kind of plan coming from the employees to then see how much we'll have to find to supplement. Vice Chair Spence -Jones: But I -- we just gave you a perfect example, which I think NET did an awesome job. They went from $4.4 million to 2.6, $2.8 million. Everybody making concessions. And I can tell you for a fact, the only reason why that exercise happened is because I'm sitting up there saying what do we need to do, what do we need to do? And there's several other departments that were in the same situation, but everybody is so afraid to communicate and talk because guess what? They don't want to be on the chopping blocks, and they're hoping that maybe they might be saved. And all I'm saying in the midst of this, I'm asking my fellow colleagues -- last week we had Armando sitting [sic] up here on the mike, the Fraternal Order of Police, that we said would not even bend. He went back, sat with Commissioner Sarnoff, sat with whoever was necessary, to figure out a way to save his officers. And all I'm saying is -- I'm saying to Charlie, look, Charlie, you got to come up with something else. We cannot cover that whole nut. We cannot do that full 4.8 million. Take something out of that, you know. So I'm saying we're not covering the whole entire amount, but I'm telling you guys, just as you sat here, Commissioner Gonzalez, and found $2 million, there's money in the budget that that can happen with as well, and I think we owe it to the City employees, and I think we owe it to our residents. I really do. I feel like I'm -- I know that you guys understand it because you sat here for almost two hours trying to figure out a way to find the money. Chair Sanchez: Okay. Let's clarify one thing that I think it's important for us to clarify. The 87 positions, the union had an opportunity to vote and they voted down the agreement that was proffered to them, okay. The burden and the responsibility falls on them. Those 87 people that nobody wanted them to lose their jobs will probably end up losing their jobs because reality is reality. This City is a financial disaster. It's a fiscal disaster we're dealing with right now. To suggest to dip into our reserves right now is fiscally irresponsible. What we need to do is get this train back on track. We all agree that this train, which is the City, is off track fiscally, and we need to get it back on track. And yes, tough decisions are going to be made in this budget, you know. We could stay in here all night and continue to find money. We're not going to get that -- it's this. It's like going to the grocery, folks. You get to a point whatever you have in your cart, if you want to get something else, you're going to have to put something back. I've been in that situation. It's not a good situation. So we have to get this budget balanced. It's a shame that we waited till the last minute to get this position that we're in, but let's just focus on one thing here. All that we approve today, ladies and gentlemen, we had to do because we're in a situation where we have to get the budget balanced. It looks pretty on paper, but all we're doing is kicking the can here, folks. Tomorrow and after tomorrow when you wake up, this City's going to be in the same situation that it is today, back on that track of financial disaster. So we need to today decide what we're going to do, and I think the burden should not fall on us, Commissioner. Yeah, we've fried very hard to save those positions, but there are other positions that we could save here. Vice Chair Spence -Jones: But with the current -- Mr. Chairman, with the current budget, we'll be saving no positions, union or nonunion. Mike, can I ask this question? The -- we're at 72. What number within that 72 to the breaking point or the point that you feel there's a problem, City ofMiami Page 206 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 what kind of room do we have at all? Mr. Boudreaux: For the 73 nonunion positions? Vice Chair Spence -Jones: No. The $72 million. Mr. Boudreaux: We're at the breaking point now, Commissioner. And we're at a point now that anything that we do to bring that number down further will require us to even dig more when we present to you a few months later a recovery plan. Vice Chair Spence -Jones: But can I ask this question. If we proffered something and then as a part of us voting on this particular budget, also proffer something to the AFSCME union to go back to figure out how to help cover that nut that we're missing, can -- is that a possibility? Like for instance, I just asked you for the 6.8, right? I asked you for the 6.8. Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: IfI proffered -- let's say ifI said I want to proffer five million out of the general -- Mr. Boudreaux: Fund balance. Vice Chair Spence -Jones: -- I mean, out of the reserves, my question is that something that you feel could be doable? Mr. Boudreaux: Well, Commissioner, I wouldn't recommend any use of fund balance at this point. The City ofMiami, just like a lot of municipalities in this state and across the country are facing a slowdown in that the monies are not coming in like they used to. So as a result of that, we have to scale down, and a plan that we recommend and as we said throughout this budget process is a bare -bones budget. I mean, it's a budget with no frills and it's bare bones, so we're going to -- anything that we do today to dip into this fund balance further, five million, six million, whatever the million dollars that we do, a few months later we're going to have to come in front of you and then say here's our recovery plan that will include that five, six million that we did today. So from a fiscal standpoint -- and we all have the responsibility of being fiscal prudent with the use of taxpayer dollars -- what we're saying is anything you do today, we're going to have to come back to you maybe in April, May of 2010 and say, guess what, Commissioner? We've -- we're under our financial integrity limits to include the 5 or $6 million that we did here on September 29 to get us back up to a threshold. Over the next two years we have to put that back in there. So from my standpoint, ifI already have a hole, if I'm going to ask for five million -- if we can approve five million in fund balance, you just made the hole a little bit deeper for me to have to do over the next two years. So from my standpoint, you know, I think anything we can do to preserve the reserves to make sure that this city is solvent, to make sure that this city is not going to be in a financial ruins here, I would caution you against the use of the reserves for the purpose of that so that if anything should happen in the city over the next couple of years, we can recover from that. Vice Chair Spence -Jones: So at this point, once we vote on this tonight, we're talking about all of the AFSCME employees, 210 employees -- Mr. Boudreaux: Well, we're talking about 86AFSCME positions. Vice Chair Spence -Jones: Yeah, but also Charlie did say outside of that there's additional positions. Commissioner Gonzalez: No. It's less than 86 because we identify $1 million. City ofMiami Page 207 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: Well, based on the exercise that we did tonight, we can reduce that based on reviewing the things that you proposed for tonight, but you know, in the end, the budget that you vote for tonight is a living document that can always be revisited, can always be looked at; will be adjusted based on its performance in 2010, just like the 2009 budget and all other budgets, and as say, this is a plan; no frills, bare -bones budget with no use offund balance, with no additional increases in taxes, very limited increases in fees, and we were able to do so without hardly any salary reductions except for the nonunion personnel, so to say that we did so in a $118 million projected gap, I'd say that was a lot of innovation. Chair Sanchez: All right. I'm -- Commissioner Sarnoff Call the question. Chair Sanchez: -- going to pass the gavel and I'm going to make that motion again. Vice Chair Spence -Jones: But can you explain the NET? You just -- just to make sure you -- Chair Sanchez: Yeah. I'm going to make a motion again for the 1.750 to be allocated for the NETs and they will restructure the NETs, and hopefully, when we direct AFSCME 1907 to come back on what we vote on, maybe there might be some positions that could fill those NET offices. So I would make that motion based on the 1.750 towards the NET office. So moved. Vice Chair Spence -Jones: Second. Can I ask this question, though? The 1.7 'cause the Manager's looking like he does not have the money. Chair Sanchez: Yes, he does. Vice Chair Spence -Jones: You have the 1.7, Mr. Manager? Chair Sanchez: Mr. Manager -- Commissioner Gonzalez: No. It's the 1.7 -- Chair Sanchez: -- identify the 1.750. Commissioner Gonzalez: -- that we identified? Chair Sanchez: Yeah. Commissioner Regalado: Yeah. Commissioner Gonzalez: It's the million dollars that I -- that we identified for the AFSCME people. Vice Chair Spence -Jones: I just want to make sure. He's looking like he's -- Mr. Hernandez: No, no, no. Chair Sanchez: The 1.750 for the NET offices that we identified. Mr. Hernandez: The sum that I have -- Chair Sanchez: Yes. City ofMiami Page 208 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: -- is 1, 750, 000. Vice Chair Spence -Jones: Okay. Chair Sanchez: Yes. Mr. Hernandez: Right? Commissioner Regalado: Right. Chair Sanchez: Okay. Vice Chair Spence -Jones: So we will still continue to have the -- Commissioner Gonzalez: So we identify -- Vice Chair Spence -Jones: -- NETs, correct? Commissioner Gonzalez: One million out of those 1.75 for AFSCME people, right? Vice Chair Spence -Jones: No. Chair Sanchez: No. Commissioner Regalado: No. Commissioner Sarnoff No. Commissioner Regalado: No, no. Vice Chair Spence -Jones: They're saying -- Mr. Boudreaux: NETs. Commissioner Gonzalez: What do you mean no? Commissioner Sarnoff You're using it for NET. Vice Chair Spence -Jones: NETs. Commissioner Regalado: You use it for NET. Commissioner Gonzalez: Now they want to use it for NET. Commissioner Sarnoff Right. Vice Chair Spence -Jones: Oh, but you could -- you're saying some of those positions though that are out of that 1.7 could be AFSCME employees? Commissioner Gonzalez: The first million dollars that we identify was to reduce from 86 to 68 or 67 positions, okay, to save 15 or 20 positions. Now you want to use it for NET and you want to give it to -- well, you know -- Chair Sanchez: I will make a motion to use it for NET. City ofMiami Page 209 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: -- I'm not in favor of that. Commissioner Sarnoff And my problem just -- my problem with this is I don't think what we're doing here is wise because you're going to end up having what, one NET, maybe two NETs per Commission district, and you're going to put, all due respect, an $80, 000 director in there with no employees. Is this really the way you run an airline? Commissioner Gonzalez: No. Vice Chair Spence -Jones: But I think -- Commissioner Sarnoff I mean -- Vice Chair Spence -Jones: -- let me just add to this, Commissioner Sarnoff. What -- I think what the Chairman has suggested is that the Administration and NET sit down and work out how the NETs would operate with the 1.7, and I'm thinking that Commissioner Gonzalez is saying some of those dollars that's out of that 1.7 million needs to be identified or at least targeted towards the AFSCME employees. That helps Charlie pick up some of the numbers that he needs to have in order to get that done. Commissioner Gonzalez: To save 15 or 20 people. Vice Chair Spence -Jones: Right. Commissioner Gonzalez: The other -- the other way we're only going to save five people. Vice Chair Spence -Jones: Right. Commissioner Sarnoff Right, but my -- I want to make sure I know what I'm voting for because I'm not going to vote to put NET directors in empty NETs. Vice Chair Spence -Jones: Well, I don't think we're going to know the plan on how they're going to operate as of yet. I mean, I think the whole idea is if they vote and approve the 1.7, we approve that tonight, then they would come up with a plan with the Administration on how to service all our districts without anybody missing out on anything. Of course we're not going to have everything, but we'll have -- at least our districts will be serviced. Mr. Hernandez: Commissioner, you're right, but just to clarify. I know that when Commissioner Gonzalez was looking at the page that had all the positions and we ended up freezing "X" number of them, I know that his intent at that time was to use that million to reduce the number ofAFSCME positions impacted. Commissioner Gonzalez: Exactly. Mr. Hernandez: However, it's up to discussion of the City Commission. Commissioner Gonzalez: You know, I -- let me tell you, I hate to see services cut, but let me tell you. People didn't want to pay more taxes, and I said it fi^om the beginning on the meeting with the Manager. There are two ways, you know. You have to pay for what you receive. I pay taxes in the City ofMiami. As a matter offact, I have two properties, which are rental properties. I don't even have homestead exemption on it, so I really pay taxes on the property, and I wouldn't mind to pay another, you know, $90 a year, I wouldn't care, to retain the services, but I can't expect to have the same level of services and pay less. That doesn't happen. It doesn't happen here. It doesn't happen anywhere. City ofMiami Page 210 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: All right. Vice Chair Spence -Jones: So we had a motion and a second on the 1.7. Chair Sanchez: Call the question. Vice Chair Spence -Jones: All in favor? Aye. Chair Sanchez: Aye. Vice Chair Spence -Jones: Aye. Commissioner Sarnoff No. Commissioner Gonzalez: No. Vice Chair Spence -Jones: Okay, let the -- Chair Sanchez: Three to two. Vice Chair Spence -Jones: You didn't vote for the NET? Commissioner Regalado: Okay. Commissioner Gonzalez: No. Commissioner Regalado: Madam -- Vice Chair Spence -Jones: Okay. Commissioner Regalado: -- Chair, I'd like -- Chair Sanchez: Pass, 3-2, Madam Clerk. Vice Chair Spence -Jones: Pass, 3-2. Chair Sanchez: All right. Is this a motion on the budget? Commissioner Regalado: I'd like to make a motion before. Chair Sanchez: All right, motion. Commissioner Regalado: Okay. On -- just to -- so the Manager to understand, on April 9, 2009, we discuss the parking surcharge, and the Commission voted to direct the Manager to go to the County and seek the money that they owe. As of today, 14 County parking facilities owe the City in the 15 percent surcharge $973, 000. Jackson Memorial Hospital, the parking, owes the City $174, 000.04. This parking surcharge was not never [sic] assessed or collected as authorized by Section 3534 of the City Code. So $174, 000 that we have not ever fried to even collect from the parking garage of Jackson Memorial Hospital, which, by the way, is operated by Miami Parking Authority, and $973, 000 owed by 14 County garage in the City ofMiami to the City ofMiami. My motion is to direct the City Attorney -- Commissioner Sarnoff We've already done that, haven't we? Commissioner Regalado: No. We requested the Manager -- I'm directing the City Attorney to City ofMiami Page 211 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 seek a legal remedy even -- Commissioner Sarnoff You sure we haven't done this? Commissioner Regalado: No, we haven't. We directed the City Manager, but the City Manager, I guess, wasn't able to get the money. What I'm frying to do is direct the City Attorney to -- this is a state law, so by state law, the City ofMiami is entitled to get this parking surcharge. Now, any taxing authority of any government who refuses to facilitate the money to the City ofMiami is violating the state law. It's very simple. And the state law frumps County law, so -- I don't know, Mr. Manager, if you want to say something. Mr. Hernandez: Yes. Commissioner, the last time that we discussed this, I did say on the record that we were going to contact the County, and if no -- if they wouldn't be responsive to our request, that we would seek legal action, and the deadline for them to submitting the payments to us is tomorrow, September 30, and not having received anything, the next step is legal action. But we did follow up and contacted the County and gave them until tomorrow to make the payments. Commissioner Regalado: Well, I guess we didn't know that tomorrow was the deadline, so I guess that if we don't get the money, which we won't, so might as well -- my motion is now to direct the City Attorney to seek any and all legal remedies to collect the 15 percent parking surcharge from -- because if we collect this from every parking facility, the County has to pay too. Vice Chair Spence -Jones: How much you expecting to generate? Commissioner Regalado: Huh? A million dollar [sic]. Vice Chair Spence -Jones: Mr. Manager, do you know what Commissioner Regalado's talking about? Mr. Hernandez: Yes, of -- as a matter of fact -- Commissioner Regalado: Yeah. We -- Mr. Hernandez: -- I did say that we notified the County and we advised them as to what the monies are that that owe us -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- and they had until the last day of the fiscal year, which is tomorrow, to actually pay us. It looks like they're not paying, so the recourse was legal action. Vice Chair Spence -Jones: So you're offering a motion. Commissioner Regalado: Okay. The 15 percent surcharge give the City $28 million a year, 28. No? Mr. Spring: Commissioner, Larry Spring, chief financial officer. That surcharge generates approximately -- I think in the budget 14.5? Commissioner Regalado: Fourteen. Mr. Boudreaux: Fourteen point five. City ofMiami Page 212 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Spring: Fourteen point five. Commissioner Regalado: Correct. I was talking about two years, I'm sorry. Fourteen million dollars. The County owes a million dollars. That's what 14 garages, plus Jackson Memorial Hospital generates in that, so my motion is to immediately after tomorrow, the City Attorney will seek legal action to recoup that money -- Vice Chair Spence -Jones: Second. Commissioner Regalado: -- that is owed to the City. Chair Sanchez: All right. There's a motion and a second. Do you want to add something to that, Larry? Mr. Spring: Just want to make a clarification. That Jackson Memorial Hospital is remitting the surcharge. That needs to be -- they are remitting. Chair Sanchez: They have never -- Mr. Spring: They've been late -- Commissioner Regalado: No. Mr. Spring: -- and that was the finding that the auditor had, which we responded to in our response -- Commissioner Regalado: They owe the City $174 [sic] in interest and penalties. Mr. Spring: That's what I just said. They've been late. Commissioner Regalado: Yeah. That's what I just -- and -- Mr. Spring: You said they weren't paying. Commissioner Regalado: No, no. I said they owe the City. Mr. Spring: I thought you said they weren't paying. Commissioner Regalado: I say they owe the City, and they didn't want to pay until. Mr. Spring: Understand with regards to that 172 back in 2004, by regulation authority, the then City Manager allow for that late fee to be waived with -- in agreement with Jackson Memorial Hospital because they were always, I think, about 60 days behind payment. In the communication -- we responded to the auditor's finding, and what we said was we were ending that waiver of late fees going forward, and that was in the response, so the old amount due was not collectible because it had been by regulation waived by the then City Manager. Commissioner Regalado: Okay. Mr. Spring: So -- but we have -- you know, like I said, prospectively, from the date of that communication, we did communicate with the Jackson Memorial Hospital that we would be collecting that late fee regardless and it would no longer be waived, so -- Chair Sanchez: All right. But there's a motion and a second directing the City Attorney to take legal action. All in favor, say "aye." City ofMiami Page 213 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right, do we have a motion on the budget? Vice Chair Spence -Jones: Yes. One second. I just have two recommendations, if you don't mind. Chair Sanchez: All right. We are on BH.3. Vice Chair Spence -Jones: 3. Chair Sanchez: Which is adopting the budget FY '09/'10. Vice Chair Spence -Jones: The only -- Larry, the only thing that I want to --I would like to have added or at least you want me to direct -- okay, I'm sorry -- is if there's any way -- one of the things that I talked about, Mike, was the equipment and stuff that we have to rent for the solid waste trucks, for instance, and that there was a savings there. I would like for you guys to at least do a further analysis on that to see if there's any savings -- I mean, it floats anywhere between one and one point five million, but if there's any savings that come from that, I would like for those funds to be considered because I know at this point, Commissioner Sarnoff, when you came on board, you introduced something like a green space fund, which is now like gone. I think that was a green -- parks in green space stuff which I have a lot of green space initiatives that went down the tubes, as well. So I would like to make a recommendation to Mr. Manager and to Mike that if there's any cost savings that comes from us leasing equipment opposed to -- how do you say it -- Mr. Boudreaux: Purchasing? Vice Chair Spence -Jones: Opposed to purchasing, that those monies be used to assist with parks, green space, and arts. Okay. Mr. Boudreaux: Okay. Vice Chair Spence -Jones: All right. I would like for that to be made as -- Mr. Hernandez: Commissioner, we'll pursue that and we'll explore that leasing option. Vice Chair Spence -Jones: 'Cause right now we have no more parks, no more way to do green spaces, and no way -- no more ways to provide the arts and culture stuff that we wanted to have in the City, so I'm hoping that that would be another option. I think that is -- oh. I just want to put this on the record, as well. Since we have not gotten a final, final answer on it as ofyet, I would like for the City Attorney to give us some sort of legal opinion on the CRAs And the DDAs and the possibilities of potential funding that can help with the shortfall that NET may have regarding the additional offices and those areas that are affected by it, so if there's any way, Madam City Attorney, that we can look into that further with those particular agencies to see whether or not we can utilize it to assist us with whatever shortfalls we may have. Thank you very much. Chair Sanchez: All right. Can we get a motion on the budget? Commissioner Sarnoff Move it. Chair Sanchez: It's moved by Commissioner Sarnoff -- City ofMiami Page 214 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Gonzalez. It is a resolution. We are on BH.3, ladies and gentlemen. We're going to be voting on it. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It was -- I'm not sure. Was it 4 -- 5-0? Commissioner Regalado: Five to zero. Chair Sanchez: Five to zero. Priscilla A. Thompson (City Clerk): As modified. Chair Sanchez: Okay. Vice Chair Spence -Jones: As modified, yes. Ms. Thompson: As modified. Vice Chair Spence -Jones: I have one comment before we close out, Mr. Chairman. Do we have any other items? Any pocket items? Chair Sanchez: No, no, we don't have pocket items. This is a budget hearing. Vice Chair Spence -Jones: Okay, good. But I do want to make a recommendation to Mike Boudreaux. Where's Mike? And to Pete. Mr. Hernandez: Yes. Vice Chair Spence -Jones: I would like to make sure at the next City Commission meeting that you guys provide me with this financial plan that you guys have been talking about that we needed when I asked to go into the fund balance reserve account and everyone said we needed a plan and all of that. When I asked for the additional $5 million, so I'm not understanding why we don't have that plan presented to us on how you're going to get us out of the $20 million hole that we're in right now, unless you have one. Do you have one? Mr. Boudreaux: Okay. The plan that we're referring to is when the City is officially considered under the financial integrity requirement, which will only be when our finances close for 2009, which is in April at the latest, of 2010, so once that has been declared, we have to come in front of the Commission for -- with a plan to raise the reserves in a two-year period up to the levels established under the financial integrity principle. Vice Chair Spence -Jones: So you're not planning on putting a plan till we get to the point that we hit that mark? Mr. Boudreaux: Yes. So we have to go first go through the motions offirst closing out the year to see exactly the potential use offund balance will be. Right now we estimated 20; it could be a little bit more at the end of the year, but once -- whatever that is and whatever it takes us under, we have to present you a two-year plan after that to bring us back up to those levels, and it's going to be presented at that time. Vice Chair Spence -Jones: Okay. City ofMiami Page 215 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Boudreaux: Okay. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Mr. Manager, ifI could take this point of privilege -- my gratitude to everyone who has worked so hard to balance this budget and for the countless efforts and sacrifice that many employees have made, especially these nonunion members that have really stepped up and have accepted large reductions in their salaries, but I also want to take the opportunity to praise everyone who has realized that this is a new economy, that our city is going to be facing some very tough challenges, and I think today our challenge starts, that we need to work together. We need to focus on getting this city back on fiscally responsible tracks because we realize that -- seeing what we've had to deal here today, I know that next year we're going to be faced with some very tough challenges, so I'm just telling the unions now that we need to work together to be able to solve this issue because once again, I think today it was sad to make decisions. Somehow, some people are going to be getting the pink slip and it's sad, but once again, what's happening in the private sector and what's happening in the public sector, it's reality. This is a new economy. And I just want to make sure that all of us that are working very hard realize that tomorrow, which is a new day, we will wake up and we will see that this city is -- finds itself in financial crisis, severe financial crisis because we continue to have to work on reducing expenditures, we're going to continue to have to make very tough choices when it comes to salaries and pensions to be able to survive. And it's not only our city. It is every city in the United States that are facing a new economy. So these challenges could only be met if we work together, and today I think was a good example how, if we work together, we're able to save jobs. Unfortunately, we were not able to save all the jobs, but hopefully, if the economy gets better and we have a brighter day, we could always reach out to those individuals that have lost because they are human beings, they are City employees. And as I stated, you got the holidays coming up now. You have Thanksgiving, you have Christmas, and believe me, this is not the time to be unemployed, so I want to take this opportunity to praise everyone in the City for your work. Mr. City Manager, thank you so much for really focusing and really sitting down with the unions and trying to find a compromise, although everything didn't work out. I think it was a step in the right direction, so I just wanted to put that as a point of privilege. So having said that, I think it's been a long, long night. Folks, we wish you well. Have a good weekend, and I think the motion to adjourn is proper now. Mr. Hernandez: Mr. Chairman, ifI you allow me real quick. Chair Sanchez: We lost a quorum. Mr. Hernandez: I would like -- Commissioner Sarnoff He's still here. Chair Sanchez: Oh. Mr. Hernandez: -- to thank you and all the Commissioners. In essence, it's been a very, I would say, stressful period over the last six to eight weeks, and I think that we have done the best that we can under the circumstances. The next few days in this week we'll do the clean-up necessary to submit the paperwork forward, reference the budget, and then we'll start looking at 2011, and I think that we have to start on it immediately. It's that serious. Chair Sanchez: All right. Mr. Hernandez: Thank you. BH.4 09-00918a DISCUSSION ITEM City ofMiami Page 216 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Downtown Development Authority BH.5 09-00919 Downtown Development Authority FINAL PUBLIC HEARING TO DISCUSS THE MILLAGE RATE AND FINAL BUDGET FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY PERCENTAGE DECREASE IN MILLAGE OVER ROLLED BACK RATE RESPONSE: FOURTEEN POINT NINETEEN PERCENT (14.19%) CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE DECREASE AND EXPLAINS THE REASONS FOR THE DECREASE 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. ADOPT THE FINAL MILLAGE RATE 4. ADOPT THE FINAL BUDGET OR THE AMENDED FINAL BUDGET AS NECESSARY 09-00918a Discussion Item.pdf DISCUSSED Chair Sanchez: All right, ladies and gentlemen, the budget hearing is back in order. For the record, we're going to be taking up BH.4, which is the millage rate, final budget for the DDA (Downtown Development Authority). That is BH.4. Are we ready? Meredith Nation: Yes. Meredith Nation, deputy director of the Downtown Development Authority. For the record, please allow me to read in the following statement. This is the final public hearing to discuss the millage rate and final budget for the Miami Downtown Development Authority. The percentage decrease in millage over the rolled back rate is 14.19 percent. The City Commission now listens and responds to citizens' comments regarding the proposed millage decrease and explains the reason for the decrease over the rolled back rate. The actions that might be taken by the City Commission are amend the tentative budget, if necessary, recompute the final millage rate, if necessary, adopt the final millage rate, adopt the final budget or the amended final budget, as necessary. Chair Sanchez: All right. This item is just to be read into the record for information. 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, 2009 AND ENDING City ofMiami Page 217 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 SEPTEMBER 30, 2010, 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 SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00919 Legislation.FR/SRpdf 09-00919 Exhibit.pdf 09-00919 Cover Memo.pdf 09-00919 Pre -Legislation 1.pdf 09-00919 Board Resolution.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 13100 Chair Sanchez: We move on to the next item, which is the one that fixes the millage for the Downtown Development District [sic], which is BH.5, and that is an ordinance on second reading. We approved it on first reading. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Hearing no discussion, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Your roll call on BH.5. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. BH.6 09-00920b RESOLUTION City ofMiami Page 218 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION, MAKING Development APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD Authority 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, 2009 AND ENDING SEPTEMBER 30, 2010; 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, 2009 AND ENDING SEPTEMBER 30, 2010 FOR THE OPERATIONS OF THE CITY. 09-00920b Legislation.pdf 09-00920b Memo.pdf 09-00920b Taxable Value.pdf 09-00920b Millage Levy .pdf 09-00920b Pre-Resolution.pdf Motion by Commissioner Sarnoff, 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-09-0446 Chair Sanchez: All right, BH.6 is a resolution, and all this does is adapt [sic] the DDA (Downtown Development Authority) budget based on a 9.3 million in revenues. Commissioner Sarnoff So move. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by the Vice Chair. It is a resolution. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BH.7 09-00921a 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 $3,231,000, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00921a Legislation.pdf 09-00921a Exhibit SUB.pdf 09-00921a OBSOLETE.pdf 09-00921a Recommendation.pdf 09-00921a-Submittal-Draft Resolution. pdf City ofMiami Page 219 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Motion by Commissioner Sarnoff, 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-09-0447 Chair Sanchez: We move to BH.7, Bayfront Park. Meredith Nation: Thank you. Chair Sanchez: This is approving the budget of the Bayfront Park Management Trust, which is established at -- Tim Schmand: Hold on. Chair Sanchez: -- the amount of 3.816. Mr. Schmand: Good morning, Commissioners. Tim Schmand, Bayfront Park Management Trust. What you're getting right now is the revised budget that was approved by my board of directors on Tuesday. And since brevity is the soul of wit, I will just read the resolution into the record. Chair Sanchez: All right, as modified from 3.8 to 3.2. Madam Clerk, do you have a copy of the modified resolution? Ms. Thompson: Yes, sir, we do. Chair Sanchez: Okay, can we get a motion? Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Sarnoff, second by the Vice Chair. BH.7, it's a resolution. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Hearing no discussion on the Bayfront Park budget, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BH.8 09-00937 RESOLUTION Miami Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Authority ATTACHMENT(S), APPROVING THE AMENDED ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $2,142,580, 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, 2008 AND ENDING SEPTEMBER 30, 2009. City ofMiami Page 220 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 09-00937 Legislation.pdf 09-00937 Exhibit.pdf 09-00937 Memo 1.pdf 09-00937 Memo 2.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 R-09-0448 Chair Sanchez: BH.8 -- Tim Schmand: Thank you. Chair Sanchez: -- which is a resolution, and that is to approve the Miami Parking Authority's budget for running -- Scott Simpson: This -- the Gus -- Chair Sanchez: -- the Gusman and Olympic [sic] building. Mr. Simpson: -- it's amending the Gusman's budget for the current fiscal year. Scott Simpson, Miami Parking Authority. We have a resolution here amending the current year 2009 budget by approximately $800, 000, which is appropriating grant dollars received and dispensed in the current year. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: All right. It -- but it's been amended, right? Mr. Simpson: It's being -- we're amending -- Chair Sanchez: It's being -- Mr. Simpson: -- the 2009 budget for -- Chair Sanchez: Okay. Mr. Simpson: -- grant dollars received during the current -- Chair Sanchez: So as amended. Vice Chair Spence -Jones: As amended. Mr. Simpson: Yes. Chair Sanchez: Okay. There's a motion by the Vice Chair. Who second it? Priscilla A. Thompson (City Clerk): No, no. I'm sorry. The language says that they're amending the annual budget. This resolution that we have is not an amended resolution. Mr. Simpson: That is correct. We're amending the budget, but the documentation you have is correct. City ofMiami Page 221 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: Okay. Chair Sanchez: Okay. Mr. Simpson: We do this every year at the end of the year for grant dollars -- Chair Sanchez: I understand. Mr. Simpson: -- that they receive. Chair Sanchez: But just to make sure that we have it, it's in the amount of 2.14258, right? Mr. Simpson: That is correct. Chair Sanchez: Okay. All right, so we have a motion and a second. It's a resolution. Anyone from the public wishing to address this item? Public hearing is closed, coming back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BH.9 09-00936 RESOLUTION Miami Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Authority ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OFF-STREET PARKING, IN THE AMOUNT OF $14,707,743, EXCLUDING DEPRECIATION, AND OTHER NON -OPERATING EXPENSES OF $5,873,787, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00936 Legislation.pdf 09-00936 Exhibit.pdf 09-00936 Memol .pdf 09-00936 Memo 2.pdf 09-00936 Letter.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-09-0449 Chair Sanchez: Then we move to approving your budget. Scott Simpson: We're here to approve the operating budget for the fiscal year ending September 2010, operating expense amount of $14,707,743, including non -operating expenses of $5,873,787. Chair Sanchez: Now in this budget, the contribution to the City of $4 million is in the budget? Mr. Simpson: That is correct. Chair Sanchez: Okay, just wanted to make sure. All right. Is there a motion? City ofMiami Page 222 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair. It's a resolution. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. Discussion? Commissioner Sarnoff Art. Art Noriega: Yes, sir. Commissioner Sarnoff Did you adjust as the DDA (Downtown Development Authority) did? Mr. Noriega: The adjustment isn't reflected in here, but as I committed to you, we have adjusted all of the salaries for all the employees that make over $100, 000 -- there's six of us -- by 5 percent. Commissioner Sarnoff Okay. Chair Sanchez: Okay. 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." Motion carries. BH.9 was approved, 5-0. Mr. Simpson: Thank you. BH.10 09-00935 RESOLUTION Miami Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Authority ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $1,228,495, 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, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00935 Legislation.pdf 09-00935 Exhibit.pdf 09-00935 Memo 1.pdf 09-00935 Memo 2.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 Chair Sanchez: Okay, BH.10 Veronica Xiques (Assistant City Attorney): Commissioner, you cannot take BH.10 up at this City ofMiami Page 223 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.11 09-01002 Coconut Grove Business Improvement District (BID) Board time. As I read it, it has a City operating confribution and you have to take that up after you set your City budget. Chair Sanchez: Okay, so it'll have to wait. All right. [Later..] Chair Sanchez: Okay. BH.10 is adopting the budget for Gusman Theater. Can we just put something on the record? Scott Simpson: Scott Simpson, Miami Parking Authority. We're looking for approval of the operating budget for fiscal year 2010 in the amount of $1, 228, 495. Commissioner Sarnoff Move it. Chair Sanchez: All right, it's a motion by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Okay. Is -- that's also a resolution? It is 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 THE RECOMMENDATION AND PROPOSED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-01002 Legislation.pdf 09-01002 Exhibit.pdf 09-01002 Memo 1.pdf 09-01002 Memo 2.pdf 09-01002 Coconut Grove BID.pdf Motion by Commissioner Sarnoff, 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 Chair Sanchez: Any other -- anything else that we could take up? We could take up the Coconut Grove Business Improvement. Vice Chair Spence -Jones: Well, they also had a City confribution. Chair Sanchez: Yeah, that's right, also has a City confribution. Commissioner Sarnoff Not getting any. Well, I guess he does. Vice Chair Spence -Jones: (INAUDIBLE). Commissioner Sarnoff Right. Chair Sanchez: Yeah, but -- All right, so basically -- City ofMiami Page 224 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: CRA (Community Redevelopment Agency) -- we can finish CRA. Chair Sanchez: No, no, no, no, no. CRA, no. Let's go ahead and do -- well, we can't -- can we do the annual budget for the firefighters? David Collins: Excuse me. May I correct the record, Mr. Chairman? Chair Sanchez: Excuse me? Mr. Collins: May I correct the record on the BID (Business Improvement District)? Chair Sanchez: Yes. Mr. Collins: We're zero budgeted on general funds support. Vice Chair Spence -Jones: I know, but we want to wait until we get to the overall budget. Chair Sanchez: All right, but listen, yeah, that's -- it's good information but our City Attorney is advising us to wait and we're going to -- Veronica Xiques (Assistant City Attorney): You have -- Chair Sanchez: -- take her advice. Ms. Xiques: Commissioner, you have to wait on the ones that have a City contribution. The BID budget that I'm looking at has a contribution from the general fund of $100, 000. If that is not the case, then the budget should be amended to reflect that it doesn't, but what is in my agenda has $100, 000 contribution from the City. Chair Sanchez: All right, listen, we're going to wait, okay, that way it gives us an opportunity to look at it. Mr. Collins: Fine. Chair Sanchez: So it doesn't matter. If we don't approve it today, we're going to be back here and we could take up the item. [Later...] Chair Sanchez: Move on. BH. -- Scott Simmons: Thank you. Chair Sanchez: --10 [sic]. BH.10. Priscilla A. Thompson (City Clerk): Eleven. Vice Chair Spence -Jones: Eleven. Chair Sanchez: Oh, I'm sorry. We did 10. Eleven. Vice Chair Spence -Jones: BH.11. Chair Sanchez: Okay, BH.11. It's a resolution. City ofMiami Page 225 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.12 09-00938 Fire Fighters/Police Retirement Trust David Collins: Mr. Chairman, David Collins, executive director of Coconut Grove BID (Business Improvement District) asking for your consideration and approval of our FY-10 budget. Chair Sanchez: Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner Sarnoff second by the Vice Chair. It is a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Collins: Thank you. 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 AS ATTACHED AND INCORPORATED, TO PROVIDE FOR THE ADMINISTRATION OF THE FIPO RETIREMENT TRUST FUND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00938 Legislation.pdf 09-00938 Exhibit SUB.pdf 09-00938 Memo 1.pdf 09-00938 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones Chair Sanchez: Go ahead. Put it on the record. Tom Gabriel: Mr. Chair, thank you very much, Commissioners. This is the resolution on the Firefighters and Police Retirement Trust. As -- Priscilla A. Thompson (City Clerk): For the record -- Mr. Gabriel: Tom Gabriel, I'm sorry. Tom Gabriel. Ms. Thompson: And that would be BH.12. Mr. Gabriel: BH.12 -- Ms. Thompson: Thank you. Mr. Gabriel: -- Firefighters Police Retirement Trust. In here it's a resolution, which we can't City ofMiami Page 226 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 take up tonight, but there are some attachments that are in there that lay out what our budget is. In that budget, there's a $2,300, 000 budget that's laid out for you. That's what we requested. From that point, the City staff which you would know, has come to everybody and asked for some savings, and I think the Manager will tell you what we've been able to do there. Pedro G. Hernandez (City Manager): If you allow me, Mr. Chairman. We have done a review of the FIPO (Firefighters Police) budget and we had, in essence, requested that they lower their number to 1, 939, 000, in that range. Mr. Gabriel: And with that, although we can't take that position here 'cause we haven't had a board meeting, I've talked to our staff. Our staff agrees that they can live within that number and we're going to try to have a meeting before the next Commission meeting so they might be able to adjust that down by 400, 000. But if not, we're pretty confident that since our staff says that they can live within the lower number, saving the City 400, 000, that we should be able to bring that back right at the beginning of October. Chair Sanchez: All right. Mr. Gabriel: So I just wanted to get that on the record in case you had any questions for me because I may not be here at the next meeting and I apologize. Chair Sanchez: I think you've established the record as to what you wanted to put on the record. All right, so at this time, the budget -- Commissioner Sarnoff Recess. Chair Sanchez: -- hearing stands in recess 'til Tuesday, the 29th, at 5:05. [Later..] Chair Sanchez: BH.12. Okay, where are the firefighters? How are you, sir? Could you put something on the record? Robert Nagle: Yes. My name's Robert Nagle, administrator of the Miami FIPO (Firefighters and Police Officers), and a resolution for the FIPO budget of $2, 057, 079 for fiscal year commencing October 1, 2009 and ending September 30, 2010. Chair Sanchez: Okay. Is there a motion? Maria J. Chiaro (Deputy City Attorney): I'm sorry, I didn't hear the amount. Mr. Nagle: Two million fifty-seven thousand seventy-nine. Chair Sanchez: What's the amount? What -- there's -- the numbers don't add up. Commissioner Sarnoff They're not what's in our book. Chair Sanchez: Huh? Commissioner Sarnoff They're not what's in our book. Chair Sanchez: All right. Pedro G. Hernandez (City Manager): We were just making sure that the -- it showed the reduction of 300, 000. City ofMiami Page 227 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.13 09-00943 General Sanitation Employees Retirement Trust Commissioner Sarnoff Oh, okay. Chair Sanchez: Okay. And it does -- Ms. Nagle: It does. Chair Sanchez: -- show the reduction of the 300? Ms. Chiaro: So the attachment then that's in the packet is amended. Chair Sanchez: Okay. Mr. Nagle: Correct. Chair Sanchez: So it is amended for the record, Madam Clerk, as amended. Maker of the motion accepts the amendment? Commissioner Sarnoff Yes. Chair Sanchez: Okay. We have a motion and a second. The motion was made by -- Priscilla A. Thompson (City Clerk): No, no. Chair Sanchez: -- Commissioner Sarnoff, second by the Vice Chair. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to a vote. BH.12, 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 GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE RETIREMENT TRUST FUND"), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010, IN THE AMOUNT AS ATTACHED AND INCORPORATED, EXCLUDING NORMAL COST, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE RETIREMENT TRUST FUND. 09-00943 Legislation.pdf 09-00943 Exhibit.pdf 09-00943 Memo 1.pdf 09-00943 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: BH.13. Yes, sir. Ron Silver: Mr. Chairman, Ron Silver, 407 Lincoln Road, Miami Beach, Florida, attorney for the City ofMiami General Employees and Sanitation Employees Retirement Trust. On item 13, City ofMiami Page 228 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.14 09-00996 General Sanitation Employees Retirement Trust the amount is $2,850,561. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: Motion is made by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Sarnoff, second by the Vice Chair. It's a resolution. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Ready for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Senator, always a pleasure to see you. 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"), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010, IN THE AMOUNT NOT TO EXCEED $138,316, EXCLUDING THE ACTUARIALLY DETERMINED ANNUAL BENEFIT PAYMENT, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE EXCESS BENEFIT PLAN. 09-00996 Legislation.pdf 09-00996 Exhibit.pdf 09-00996 Memo 1.pdf 09-00996 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Abstained: 1 - Commissioner Gonzalez Ron Silver: We got one more. The next one, the excess benefit plan. Chair Sanchez: Okay. That is BH.14. Ron Silver: But thank you anyway. Chair Sanchez: It's a resolution. Mr. Silver: It's a pleasure to see you too. Chair Sanchez: All right. Can you just put something on the record? Mr. Silver: Yes. That's $138,316. Chair Sanchez: All right. Is there a motion? City ofMiami Page 229 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.15 09-00939 Virginia Key Beach Park Trust Commissioner Sarnoff So moved. Chair Sanchez: Motion is made by Commissioner Sarnoff second by the Vice Chair. Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It was approved, 4-0. Mr. Silver: Mr. Chair. Chair Sanchez: Yes, sir. Mr. Silver: Can I just say one thing, that when you talked about that parking surcharge, when I was in the legislature, I sponsored that so all that $14 million a year coming in, I want to get credit for. Can I just --? One more thing. I know what you're going through having, you know, served as budget chairman in the Florida Senate, and I know what you're going through. I have never seen passion like you all display here about the workers for the City, and I want to congratulate you and everybody that's been involved in all this because you really care about the people and you've shown it. So I just -- having been through this, people, you know, are concerned about numbers, but you guys were really concerned about, you know, the people so I want to applaud you for that. Chair Sanchez: Thank you, Senator. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S BUDGET REQUEST OF AN AMOUNT NOT TO EXCEED $1,125,000, IN OPERATING FUNDS, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00939 Legislation.pdf 09-00939 Exhibit.pdf 09-00939 Memo.pdf 09-00939 Adopted Resolutions.pdf 09-00939-Submittal-Enid Pickney.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Vice Chair Spence -Jones to the City Manager to determine whether monies from the budget of the Parks Department can be utilized to maintain key services provided by theTrust, and for the Administration to meet with the Virginia Key Beach Park Trust to address same. Chair Sanchez: Okay, BH.15. BH.15 is a resolution. Is there a motion? City ofMiami Page 230 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner Sarnoff. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. It is open to the public. Anyone wishing to address this item, please step forward and be recognized. Vice Chair Spence -Jones: Yes. I'm sorry. I actually have some things that I want to put on the record. I thought we were at BH.14. Chair Sanchez: Yes, sir, you're recognized. Gene Tinnie: Good evening, Mr. Chair, Vice Chair, Commissioners, Manager. Gene Tinnie, 80 Northwest 51st Street -- it's been a long day -- City ofMiami, chair of the Virginia Key Beach Park Trust. For the record, just to reiterate, I think, you know, I'll just state the obvious that we all know that the historic significance importance of Virginia Key Park is not diminished by the fact that there are less funds than there were before. We know that the -- I'll read the resolution into the record. A resolution of the Miami City Commission, with attachments, approving the Virginia Key Beach Park Trust budget request for an amount not to exceed 1,125, 000 in operating funds, attached and incorporated, for fiscal year commencing October 1, 2009 and ending September 30, 2010. As I stated the last time, we would not ask for the impossible. We know that one million one twenty-five is not there. The other recommendation -- the Mayor's recommendation of zero is equally impossible, so we have to get some place between that. We asked our staff to crunch the numbers and basically look at how we can make reductions that do not impair our capability to keep progress going and perhaps more importantly generate revenue, and by reducing this by 15 percent, we came down to 881,023 and that represents 15 percent reduction in executive salary -- the executive director's salary, which is -- exceed it is City's recommendation. It's 15 percent reduction of the request, and my time is out. And I -- our Trust's revenues estimated to increase by 68 percent, and that represents four staff positions eliminated, and I've got the numbers guys here if you have questions. Chair Sanchez: All right. I don't think there are any questions. Is there a motion with an amendment? Vice Chair Spence -Jones: Yeah. I have an amendment. You have something you want to bring? Commissioner, I know it's your district. Commissioner Sarnoff Go ahead. Vice Chair Spence -Jones: Okay. I'm sure y'all been seeing this all night so you see, you know, even with the battles frying to get it done, it has not been easy, but I do want to make sure that we're clear on the budget with the City Manager and the budget office, so we're looking at the $280, 000 remaining there, correct? Mr. Tinnie: That's the rollover from last year. Vice Chair Spence -Jones: We in agreement with that? Mr. Tinnie: Yes. Vice Chair Spence -Jones: All right. And then we're looking at the grant -- current grant funds that you have also, correct? City ofMiami Page 231 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Tinnie: Right. Vice Chair Spence -Jones: And the income that comes from the various events that are planned, right? Mr. Tinnie: Right. Vice Chair Spence -Jones: Or that are in the pipeline, which would take you up to about $600, 000, correct? So what -- I just want to make sure that it is clear at least from the City Commissioners sitting up here, I know that your original request was almost what, 880-something thousand dollars? Mr. Tinnie: Yeah, right. The original -- that is -- yeah, original as of last time was 88 -- what was it? Eight eighty-one. Alfred Taylor: Alfred Taylor, finance director. Chair Sanchez: Sir, you need to put your name and address on the record. Mr. Taylor: Alfred Taylor, finance director for the Trust. The original request was 1.1 million. As the Chairman stated, he's requesting to reduce that down to 881, 000. Actually, which there's a 30 percent reduction from what our current 1.2 is -- Vice Chair Spence -Jones: Okay. Mr. Taylor: -- 1.25. Vice Chair Spence -Jones: All right. So -- and at this point, what I'm understanding from the Administration this we are at $600, 000 that would be -- Mr. Taylor: Well, I mean -- the carryover is -- Vice Chair Spence -Jones: Yes. Mr. Taylor: -- 233, and we're saying that we will raise 370, 000, but that is also dependent upon receiving the 881, which wouldn't impair us too much from going out earning that additional 370. Vice Chair Spence -Jones: Yeah, but I think that what the Administration -- what was briefed to me on this -- first of all, you already know that -- you already know what the issue is on the money, so I mean, it doesn't even make sense for us to even -- you know what you want to have, but you already know what the situation is, so at least we know that there's about -- is it 600? Is that the number, Mike? Michael Boudreaux: Mike Boudreaux, director ofManagement & Budget. Commissioner, you just approved the general fund budget with no contributions going to the Trust for 2010. Now, the Trust did indicate in their breakdown of their budget that without that, the only thing that indicated as collections for next year is 233, 000 from fund balance, and 370, 000 from grants, contributions, and other revenue. So that's basically what the Trust is going to have to operate for 2010. Chair Sanchez: Which is five hundred and some thousand? Mr. Boudreaux: Yes. City ofMiami Page 232 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: All right. Vice Chair Spence -Jones: Right. Commissioner Sarnoff It's six hundred. Vice Chair Spence -Jones: And then -- Chair Sanchez: Six hundred. Vice Chair Spence -Jones: Six hundred. Commissioner Sarnoff Six hundred and three thousand dollars. Chair Sanchez: Okay. Vice Chair Spence -Jones: And only thing that I would like to just make a recommendation, Mr. Chairman, on this is that we were trying to go back and forth on dollars being out of the Parks Department's budget to help maintain and operate key things and functions that the Trust was doing that is no longer -- that they no longer can do. I would just like to make a recommendation to the Manager and to Mike to have definitely the Trust sit down with the Parks manager to see how some of that cost can be addressed through the Parks budget for whatever -- you know you're going to lose salaries, you know you're going to lose people, but at least we can minimize some of it and still continue to provide the services that the parks was not picking up. Mr. Tinnie: And ifI may. In addition to the maintenance, naturally the income that we're talking about generating, some of that is special events that's booked, so we would need to have the capability, you know, the people in place to do that, so I think that's something we'll have to sit down with the Manager and try to figure out. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff Well, are we approving --? Mr. Boudreaux: Commissioner, let me -- I'm sorry. Commissioner Sarnoff That's all right, Michael. Go ahead. Mr. Boudreaux: I need to add as a caveat to that 233,303 that's being reflected that is based on a projected year-end fund balance that as of right now, we still don't know whether it's going to be higher than that. Unidentified Speaker: Or lower. Mr. Boudreaux: Well, hopefully, not lower, but it could be higher for next year. Chair Sanchez: All right. Commissioner Sarnoff Are we approving the budget, their budget, and is there a line item because with these reductions --? You know, I don't know that there's prudence to have a director at $168, 000. Mr. Boudreaux: Well, Commissioner, the extent for which the Trust will have will be limited to that 233 and that 370. City ofMiami Page 233 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff I'm just saying, Michael, that I don't know the prudence of one person taking that much money up, and if-- and I want to know am I approving a budget that's doing that? Am I making sense to you? Mr. Boudreaux: You are making sense, sir. Commissioner Sarnoff Am I seeing --? Mr. Boudreaux: But they will have to basically show you based on the amount of 603 how they plan to utilize that 603 for the next year -- Mr. Tinnie: Exactly. Mr. Boudreaux: -- and if they include the one hundred and something thousand dollar director, then, of course, that will be the breakdown that they will have to present to you as a part of that 603. Commissioner Sarnoff When do they present that? Mr. Boudreaux: Well, considering the fact that we have a budget here that does not reflect the no use of general fund contribution, I mean, they'd would have to basically either present it tonight or show you the breakdown at a later date, but considering the fact that you're approving their budget for tonight, they would have to reconsider the 603 and show a distribution of that, and what will be removed from the budget as a result of the no contributions from the general fund. Commissioner Sarnoff Well -- and that's what I expected to see. How somebody will operate knowing that there was going to be a zero fund balance, and I don't see it here, so how am I supposed to approve a budget? Ms. Chiaro: You don't have a budget to approve from this conversation that I'm listening to. The budget that is -- Commissioner Sarnoff Okay. Ms. Chiaro: -- before you is a line item budget -- Commissioner Sarnoff Right. Ms. Chiaro: -- for one million one, so -- Commissioner Sarnoff Right. Ms. Chiaro: -- you can continue this. You don't need to approve this budget tonight. You approved the general fund budget with a zero balance, so this needs to come back to you. This is not -- Commissioner Sarnoff Okay. Ms. Chiaro: -- ready for you to approve tonight. Mr. Tinnie: Right. Chair Sanchez: All right, but we still have to vote on it. It's a resolution, correct? City ofMiami Page 234 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff No. You -- Chair Sanchez: No? Okay. Commissioner Sarnoff She's saying you can't. Chair Sanchez: All right. Okay. Thank you so much. Priscilla A. Thompson (City Clerk): Are --? Chair Sanchez: We don't vote on the issue. Ms. Thompson: What action -- I still need to show an action being taken. Commissioner Sarnoff Why don't -- is there a motion and a second? Ms. Chiaro: It can be continued. Commissioner Sarnoff Was there a motion and a second? Ms. Thompson: Yes. Vice Chair Spence -Jones: I thought -- at least we get a motion and a second -- Ms. Thompson: Yes. Yes, there was. Vice Chair Spence -Jones: -- on their fund balance, though. Commissioner Sarnoff No. You -- they're giving us a line item budget and they -- there's nothing for us to approve because they're over budget, so they -- what you should do is withdraw your second, whoever made it. Chair Sanchez: I didn't -- Commissioner Sarnoff Who's your second? Ms. Thompson: Commissioner Spence -Jones -- Vice Chair Spence -Jones. Chair Sanchez: All right. Commissioner Sarnoff Well, that's the maker of the motion. Ms. Thompson: No, no. You're the maker; she's the seconder. Chair Sanchez: The maker can withdraw his motion, too. Commissioner Sarnoff All right, then I'll withdraw my motion. Chair Sanchez: All right. Commissioner Sarnoff And I'll do a motion for this to be continued to the second meeting in October. Chair Sanchez: All right. There's a motion. Is there a second to be continued? Second by Commissioner Regalado. All in favor, say "aye." City ofMiami Page 235 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.16 09-00940 Civilian Investigative Panel The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." BH.15 has been deferred to a date stated for the record. All right. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE TOTAL ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT AS ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00940 Legislation.pdf 09-00940 Exhibit.pdf 09-00940 Budget Proposal.pdf 09-00940 Request Replacement.pdf 09-00940 Budget Request .pdf 09-00940 Pre-Resolution.pdf 09-00940-Submittal-Case Management FY Comparison.pdf 09-00940-Submittal-Office of Neighborhood Enhancement Team.pdf 09-00940-Submittal-Civilian Investigative Panel.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: BH.16 is approving the total annual budget for the Civilian Investigative Panel. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Sarnoff See, h ere again -- Maria J. Chiaro (Deputy City Attorney): We're at the same -- Michael Boudreaux (Director, Management & Budget): Commissioner -- Ms. Chiaro: -- this is the same situation. Chair Sanchez: Same thing yeah. Commissioner Sarnoff We're at the same quagmire here. Mr. Boudreaux: -- same situation. Mariano Cruz: Oh, same one? Commissioner Sarnoff Yeah. Chair Sanchez: Okay. Motion to continue. Mr. Cruz: Oh, oh, oh. No, it's 16. I'm talking about 16. City ofMiami Page 236 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.17 09-01005 SEOPW and OMNI Community Redevelopment Agencies Chair Sanchez: Motion to continue. Commissioner Sarnoff I'll do a motion to continue -- Chair Sanchez: All right, there's a motion by Commissioner Sarnoff. Commissioner Sarnoff -- to the October -- second meeting in October. Chair Sanchez: Second meeting of October. Is this a second? Second by Commissioner Regalado. 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), 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, 2009 AND ENDING SEPTEMBER 30, 2010, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. 09-01005 Legislation.pdf 09-01005 Exhibit 1.pdf 09-01005 Exhibit 2.pdf 09-01005 Exhibit 3.pdf 09-01005 Exhibit 4.pdf 09-01005 Summary Form.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 R-09-0450 Chair Sanchez: All right. Madam Attorney, anything else that we could take up? If not, all the items are going to have to wait -- Vice Chair Spence -Jones: CRA (Community Redevelopment Agency). Veronica Xiques (Assistant City Attorney): You can do the CRA, which is BH.17. Chair Sanchez: Which is CRA? Vice Chair Spence -Jones: BH.17. Ms. Xiques: Seventeen. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Next to the last. Vice Chair Spence -Jones: So move. City ofMiami Page 237 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 BH.18 09-01034 Liberty City Community Revitalization Trust Commissioner Gonzalez: Second. Chair Sanchez: All right. So the Civilian Investigative Panel is -- has -- is going to have to wait. All right, let's do BH.17, which is a resolution, and that's the three CRAs -- the CRA. Mr. Villacorta: Yeah. Vice Chair Spence -Jones: (INAUDIBLE) -- Chair Sanchez: Okay, hold on, but let's put something on the record. I know it's late at night and -- Vice Chair Spence -Jones: Jim, can you put something on the --? Chair Sanchez: -- we want to get home, but it's -- Mr. Villacorta: Sure. Chair Sanchez: -- important we put something on the record. Mr. Villacorta: Yeah. The -- this is a resolution accepting and adopting the CRA budgets. This Board, by interlocal agreement, accepts the budgets that are prepared by the -- and approved by the CRA Board of Commissioners. Chair Sanchez: No impact whatsoever on the general fund. Mr. Villacorta: No impact on the general fund. Chair Sanchez: All right, is there a motion? Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. Motion has been made by the Vice Chair, second by Commissioner Gonzalez. No discussion. But anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed. Any discussion on BH.17? It's a resolution. Hearing none, 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 AMOUNT OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, IN THE AMOUNT OF $320,000, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. City ofMiami Page 238 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 09-01034 Legislation.pdf 09-01034 Exhibit SUB.pdf 09-01034 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado Direction by Vice Chair Spence -Jones to the City Manager to work with the Liberty City Trust to create a sustainability plan to allow the Trust to sustain itself in the future. Chair Sanchez: Okay, BH.18, we cannot take that up. Veronica Xiques (Assistant City Attorney): No. That's all you can take up today. Chair Sanchez: So that's basically what we could take. So, so far -- Yes, sir. Ron Silver: Thank you, Mr. Chairman. I was wondering if you can take up BH.13 and BH.14? Chair Sanchez: No, we cannot take it up. We can't take -- Vice Chair Spence -Jones: Because there's a contribution from the overall budget. Chair Sanchez: It's a contribution from the City -- Vice Chair Spence -Jones: You have to wait. Chair Sanchez: -- so we can't take it up. You're going to have to wait for the next -- Mr. Silver: That's just the administrative -- okay, that's just the -- Vice Chair Spence -Jones: Yeah. Mr. Silver: Okay. Chair Sanchez: No, it has to wait. Mr. Silver: Okay. Chair Sanchez: So for the record, the items that have not been taken up on the budget hearing will be heard on Tuesday, which is the what, the twenty -what, Madam Clerk? Commissioner Gonzalez: Twenty-ninth. Priscilla A. Thompson (City Clerk): The 29th. Chair Sanchez: The 29th at 5:05. So at this time, this City Commission budget hearing stands in recess. Hold on. Ms. Xiques: Commissioner, one minute. We have a gentleman that wants to address the Commission. He will not be able to be here for Tuesday and just wants to give you information for when you consider his item. Chair Sanchez: All right, so hold the recess. City ofMiami Page 239 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 [Later..] Chair Sanchez: Approving the budget amount of the Liberty City Community Revitalization Trust in the amount not -- Mariano Cruz: What about 16? There's no 16? Chair Sanchez: No. I don't have 16. Mr. Cruz: Sixteen is (UNINTELLIGIBLE) -- Priscilla A. Thompson (City Clerk): Sixteen was the (UNINTELLIGIBLE) -- Chair Sanchez: Yes, sir. That one, it was continued. Mr. Cruz: Continued? Chair Sanchez: Yes. Thank you. Mr. Cruz: I want to know where the money is. Chair Sanchez: Okay. Approving the budget amount for the -- Commissioner Sarnoff You'll be here next time. Mr. Cruz: Yeah. (UNINTELLIGIBLE) amount. I don't see the amount there. Chair Sanchez: -- Liberty City Community Revitalization Trust -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- in the amount of 500. Vice Chair Spence -Jones: No, no. Actually, I think there was a budget already submitted to Mike Boudreaux's office regarding this amount. They were to come in at a certain amount, and I think that they've already done that. All they're doing right now is taking the fund balance -- Unidentified Speaker: Fund balance. Vice Chair Spence -Jones: -- rollover, which I think is only $121, 000 -- Unidentified Speaker: Yes, ma'am. Vice Chair Spence -Jones: -- and Mensah, I just want to make sure we're on the same page with this. Chair Sanchez: Okay. Let's put something on the record. Let's get a motion and a second. Commissioner Sarnoff There's -- again, they have the same quagmire. Vice Chair Spence -Jones: Well, they actually put in a budget for theirs already. Elaine Black: Yes. City ofMiami Page 240 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: They were asked to submit it -- Ms. Black: The Liberty City Trust has revised their budget -- Commissioner Sarnoff I don't have a copy. Do you have a copy? Ms. Black: -- and reduced it by 40 percent. Vice Chair Spence -Jones: Forty percent. Ms. Black: And -- Ms. Thompson: May I have a name for the record, please. Vice Chair Spence -Jones: Name for the record. Ms. Black: I'm sorry. Elaine Black, Liberty City Trust. The Liberty City Trust has revised their budget, reduced it by 40 percent and will not be using your -- the City's dollars, but we will be using -- we would like to use our carryover funds, plus use dollars that we do have in program income, and George Mensah can speak on the accessing of those program income funds. Chair Sanchez: All right. Can we put something on the record as to what agreements have been made and is the Administration okay with this budget? Pedro G. Hernandez (City Manager): I think George will address it. George. Mr. Mensah: George Mensah, director of Community Development. The Liberty City Trust had funding from HUD (Department of Housing and Urban Development) directly and that fund has yielded about -- approximately about 900 -- over $900, 000 in program income. In addition, they also expect to get approximately $280, 000 in program income for next fiscal year. I contacted HUD to see how those funds can be utilized to do a project that will yield some administrative funds, so we anticipate that about 20 percent of those funds can be used for Administration, and we are currently in the process of preparing a letter for HUD's approval. Commissioner Sarnoff I don't have a copy of their budget. I mean -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff -- I have a budget that shows a $1, 550, 000. Vice Chair Spence -Jones: Well, that's definitely -- that's -- what budget is that? That was from two years ago. Chair Sanchez: Okay. Who's got a copy of the budget? Commissioner Sarnoff That's the budget that's in my book. Vice Chair Spence -Jones: Yeah. That's not correct. Commissioner Sarnoff So they're sitting in the same place to me that CIP (Civilian Investigative Panel) is sitting, and the same place that -- Vice Chair Spence -Jones: Well, actually, they shouldn't be because it was already -- I mean, I -- you can only imagine how long I've been working on this. City ofMiami Page 241 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Oh, I can imagine. Vice Chair Spence -Jones: Okay, so you know that I would not get up here and not be prepared with it -- Chair Sanchez: Okay. Commissioner Sarnoff All I'm saying -- Vice Chair Spence -Jones: -- so obviously -- Commissioner Sarnoff -- is I don't have the budget. Vice Chair Spence -Jones: Right. Well, can we please -- Chair Sanchez: Let's see a copy. Vice Chair Spence -Jones: -- provide --? Chair Sanchez: Provide the Commissioners a copy of the budget. We'll pick it up -- we'll table it for now. Give us a copy of the budget; we'll get back to it. All right, RE.6. Vice Chair Spence -Jones: Can you guys provide her -- provide him with -- in writing, whatever that budget was so that we don't have that as an issue? Ms. Thompson: I'm sorry. Chair Sanchez: RE.6. Ms. Thompson: Chair, I hate to do this to you. Your -- my system's going to close down at 12 midnight. Can you give me five minutes so it can come back up? Chair Sanchez: All right. Let's take about a 10-minute recess. Ms. Thompson: Thank you. Chair Sanchez: City ofMiami Commission meeting stands in recess for 10 minutes. Commissioner Gonzalez: Ten minutes. [Later... ] Chair Sanchez: All right. Could we get the City Attorney and get the City Manager, and we'll get back -- we'll call this meeting back to order. We do have -- Madam Clerk, we have -- what item is left here? Ms. Thompson: Before we -- I'm sorry, before we broke -- Chair Sanchez: Yes. Ms. Thompson: -- you had started to consider adopting the budget for the Liberty City Trust, which was BH.18. I think -- Chair Sanchez: All right. City ofMiami Page 242 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: -- there was -- there were instructions given for -- Chair Sanchez: Are they still working on that budget? They're still working on it. Unidentified Speaker: Yes, they are. [Later... ] Chair Sanchez: Okay, so I believe the last item on the agenda is the Liberty City Community Revitalization Trust. Vice Chair Spence -Jones: And I think that we have the actual budget, which was turned in three days ago. I want the record to reflect that, but apparently, it was not somehow transmitted, but we do have it and -- does everybody have a copy of it? Chair Sanchez: Yes, I do. Vice Chair Spence -Jones: Okay. I'm waiting for my third person to come back on the dais. Where is Commissioner --? Okay. All right. Chair Sanchez: So the total revenue is 320? Unidentified Speaker: Yeah, and we cut our budget by 40 percent. Chair Sanchez: And your projected expenses is a total of 320. Okay, so it's balanced. Ms. Black. That's right. Unidentified Speaker: That's right. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Chair Sanchez: Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Any discussion on the item? Vice Chair Spence -Jones: Yes. I just want to make sure that it -- we're all clear on how we're actually going to be handling the Trust. Where's George Mensah? George, again, it was stated on the record earlier that the Liberty City Trust has generated almost a million dollars in the houses that they have sold in the Liberty City area. We're taking 20 percent of the revenue generated from that to assist with the administration, plus we're taking the rollover dollars. I also would like to, Mr. Manager -- Mr. Hernandez: Sorry. Vice Chair Spence -Jones: -- also instruct you -- your office to work along with the Trust and George Mensah to come up with a sustainability plan so that Liberty City Trust can at least put themselves in a position where they can go after their own grants to sustain themselves. So that - - that's the next move for us so that we don't have to worry about whether or not the budget is City ofMiami Page 243 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 going to impact them one way or the other. So I'd like to at least get a commitment from you to do that. Mr. Hernandez: Understood. Vice Chair Spence -Jones: Okay. Mr. Hernandez: We'll pursue that. Vice Chair Spence -Jones: All right. And George -- Mr. George Mensah, you feel comfortable with what's going to be coming from HUD in order to do this, right? Mr. Mensah: Yes. I spoke to -- George Mensah. I'm director of Community Development -- HUD and all they wanted us to do was present a plan and then they will approve it. Vice Chair Spence -Jones: Okay, wonderful. And thank you so much for all your hard work, guys. I know it's been crazy. Unidentified Speaker: Thank you. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. I believe it is -- it's a motion that's been modified for the record. Ms. Thompson: Yes. Chair Sanchez: All right. 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. NON AGENDA ITEMS NA.7 09-01119 RESOLUTION RECOGNITION OF REPRESENTATIVE JAMES BUSH, III FROM THE FLORIDA HOUSE OF REPRESENTATIVES. DISCUSSED Chair Sanchez: Let me take the opportunity, a point of privilege to recognize Representative Bush, who's here with us today. Representative, always a pleasure to have you here at City Hall, sir. You could come by in days when it's not that heated out here, but pleasure to have you here. NA.8 09-01116 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE 20, IN ORDER TO ADDRESS PROJECTED DEFICIT IN THE 2010 FISCAL YEAR BUDGET, INCLUDING AMENDING ARTICLES 18, 20, 22, 31, AND 41 OF THE 2007-2010 COLLECTIVE BARGAINING AGREEMENT. City ofMiami Page 244 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Votes: 09-01116-Exh i bit. pdf 09-01116-Submittal-Memo-City Manager.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Well, let's go ahead and -- you want to vote on the MO Us (Memorandums of Understanding)? There's two of 'em, FOP (Fraternal Order of Police) -- Vice Chair Spence -Jones: Okay, can --? Pedro G. Hernandez (City Manager): Yes, there are two. Chair Sanchez: Okay. Commissioner Sarnoff Move the FOP. Vice Chair Spence -Jones: I do have a question, if you don't mind? Chair Sanchez: On -- Commissioner Regalado: Second. Chair Sanchez: -- any of the agreement -- hold on. Before -- we have a motion and a second on the FOP. Is it pertaining to the agreements? Vice Chair Spence -Jones: Kind of sort of but you can go 'head [sic] and move on 'em. That's - Chair Sanchez: Okay. There's a motion and a second for the FOP. Discussion? It's an MOU. Does it require --? Julie O. Bru (City Attorney): Let me just read the title of the resolution -- Chair Sanchez: Yes. Ms. Bru: -- since we just prepared it. I don't have it to distribute it, but let me read it into the record. The Resolution was read by title into the public record by the City Attorney. Chair Sanchez: All right. Discussion on the item. [Later... ] Chair Sanchez: Let's vote on the FOPMOU. There was a motion and a second. Any discussion on the item? Hearing no discussion -- Is there a public hearing on that, Madam Attorney? Ms. Bru: Excuse me? Chair Sanchez: Is there a public hearing on the MO U? Ms. Bru: No. Chair Sanchez: All right, no public hearing. All in favor, say "aye." City ofMiami Page 245 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in under -- anyone against, say "nay." Motion carries, 5-0. MOU for the Police Department has been approved. NA.9 09-01117 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RATIFYING THE AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, EFFECTIVE OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, AS ATTACHED, AND RATIFYING AN EXTENSION OF THE MODIFIED COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, THROUGH SEPTEMBER 30, 2011. 09-01117-Exh i bit. pdf 09-0117-Submittal-Memo-City Manager.pdf Motion by Commissioner Regalado, 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 Chair Sanchez: What's -- the next MOU (Memorandum of Understanding) is the Fire Department. That's IAFF (International Association of Firefighters). Commissioner Regalado: Move it. Commissioner Sarnoff Second. Chair Sanchez: There's a motion and a second. Any discussion on the MOU? Julie O. Bru (City Attorney): Let me read the -- Chair Sanchez: Yes. Ms. Bru: -- resolution. The Resolution was read by title into the public record by the City Attorney. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Okay. [Later... Chair Sanchez: All right, so that took care of the MOU for the Police Department, the MOU for City ofMiami Page 246 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: Chairman, I'm sorry. Chair Sanchez: -- the Fire Department. Ms. Thompson: Before you move on to something else, I just need to make sure that I recorded your vote properly on that last item, on thatMOU. I have Regalado, Sarnoff and the vote was unanimous, 5-0. Is that correct? Chair Sanchez: Yes. Commissioner Regalado: Yes. Ms. Thompson: Thank you. NA.10 09-01118 ORDINANCE (4/5 THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO INCREASE THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 MEMBERS' CONTRIBUTION FROM 10% TO 13% FROM OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 AND; MORE PARTICULARLY BY AMENDING SECTION 40-246; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01118-Submittal-City Manager.pdf Non -Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We move on with the budget. Julie O. Bru (City Attorney): There's also an emergency ordinance that the Manager has prepared that will implement the additional contribution to the pension that you just discussed with respect to AFSCME (American Federal, State, County, and Municipal Employees) and to Solid Waste, which was approved -- the Solid Waste one was approved at the last Commission meeting. We know that the AFSCME has yet to be ratified, but we can pass this ordinance as an emergency and it will not become effective until such time as AFSCME votes on the MOU (Memorandum of Understanding). Commissioner Sarnoff So move. Chair Sanchez: On the AFSCME? Commissioner Sarnoff On the -- Chair Sanchez: Or the --? City ofMiami Page 247 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff -- emergency ordinance. Ms. Bru: The emergency ordinance. Chair Sanchez: Okay. I need a copy of the emergency ordinance. Commissioner Sarnoff Here you go. Commissioner Regalado: Second. Chair Sanchez: Okay. There is a motion. It's an emergency ordinance requiring a four fifth. It's going to take two votes. And basically, could you read the ordinance into the record? There's a motion and a second. It will require a public hearing. Before we read it into the record, anyone from the public wishing to address this item, please step forward and be recognized. It's an emergency ordinance. Madam Attorney, read the ordinance into the record, followed by a roll call. The public hearing was opened and closed. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Priscilla A. Thompson (City Clerk): On your -- Chair Sanchez: Roll call. Ms. Thompson: -- emergency ordinance, you will have two roll call votes. Your first roll call. Your second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The measure has been adopted as an emergency ordinance, 5-0. ADJOURNMENT A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to adjourn the September 29, 2009 Miami City Commission meeting. Chair Sanchez: Motion to adjourn. Commissioner Sarnoff So moved. Chair Sanchez: There's a motion. There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Ladies and gentlemen, the budget hearing has been adjourned. Thank you and goodnight. City ofMiami Page 248 Printed on 10/20/2009