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HomeMy WebLinkAboutCC 2009-11-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 INCUR:1J 9I#iTi IY0 Meeting Minutes Wednesday, November 25, 2009 1:00 PM SPECIAL MEETING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 25, 2009 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 25th day of November 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order by Chairman Marc D. Sarnoff at 1: 04 p.m., and adjourned at 2:34 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff Before we do that, though, I suspect the best thing we should do is allow our City Clerk to lead us in prayer and then followed by that, allow Commissioner Suarez to lead us in the pledge of allegiance. Priscilla A. Thompson (City Clerk): Good afternoon to all of you and welcome to City Hall. Invocation and pledge of allegiance delivered. Chair Sarnoff (INAUDIBLE) special meeting for the City ofMiami Commission. We actually for I guess about two weeks now have a quorum; and I'd like to welcome my two colleagues on the dais and that would be the two Commissioners, Commissioner Suarez and Commissioner Carollo. Andl think everybody should give them a round of applause that we now have a quorum. Applause. Chair Sarnoff The order of the business today is set out in the agenda. To say it a little simply, obviously, today we will debate, conduct and determine whether we have elections or whether we appoint for District 1. It appears, as a result of timing in District 5, we will call for a special election; and of course, the third thing we will discuss today is when we will next meet and conduct the business for the City ofMiami. DISCUSSION ITEMS SP.1 09-01336 DISCUSSION ITEM DISCUSSION REGARDING FILLING THE CURRENT VACANCY ON THE CITY COMMISSION IN THE DISTRICT 1 COMMISSION SEAT. 09-01336 Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: (SP.1) 09-01336a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL ELECTION TO FILL, THE OFFICE OF COMMISSIONER, DISTRICT NO. 1; SETTING JANUARY 12, 2010, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING NOVEMBER 30, 2009 City ofMiami Page 2 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 THROUGH DECEMBER 4, 2009, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0512 Chair Sarnoff Slight point of privilege, if you all will for a moment, because when I first came up on this dais, there was only one friendly face and that was a man to my right. His name is Commissioner Regalado. I guess, to me he'll always be Commissioner Regalado. I mean that with all due respect. He was sort of the rock of Gibraltar. He was the voice of reason and in sometimes a very unreasonable setting. So I do, as Chair, look forward to working very closely with the Mayor. I thinkl have the good fortune of being one of the few people here that went three for three in this election. I endorsed the Mayor, I endorsed Commissioner Carollo, andl endorsed Commissioner Suarez, so I think I feel pretty fortunate that I had my trifecta, and think you have the right people representing the City of Miami. And while I think we all have a lot to learn, I think we all have a lot to offer. So with that, let's get to the people's business. And Madam City Attorney, if we could take SP.1 and SP.2 to some degree together. I think the discussion would be relevant to some degree together, but if you could guide us a little bit, I'd appreciate that. Ms. Bru: The agenda that you have set for this special meeting has three items, three discrete items. The first item is discussing filling the vacancy in District 1. Obviously, you are still within the time period allowed under the Charter to make an appointment but you can also -- if you fail to make an appointment for whatever reason, you could also set a special election to fill that vacancy. The second item is a discussion to set the election for District 5. That one there is no discretion at this point, and it's a matter of the logistics of setting the date and the qualfing period. If it is the will of the Chair and the Commission just to discuss generally whether or not one method of filling the vacancy is more acceptable than the other, then you could just open up the discussion to that general topic. Chair Sarnoff Ordinarily, we do things here by motion and we get a second. I think with three Commissioners, it may be worthwhile if you guys -- sorry -- my fellow Commissioners would -- if we just have a general discussion on the basis of whether we should have a special election or whether we should have an appointment with regard to certainly District 1 and, of course, you know we're going to have to set the date for District 5. So what I'm going to recommend we do is we just have a discussion about it and possibly start out with one of the Commissioners starting out with a discussion; we'll open a public hearing; I'd like to bring it back to the Commission, and then we'll make a motion if that's within the province of what you'd like to do. Is that all right? All right, why don't we start, if we could, with Commissioner Suarez? Commissioner Suarez: Thank you, Chairman Sarnoff. Thank you, Mr. Mayor. Thank you, City Attorney and Mr. Manager. This is my first official act, and so because it's my first official act, obviously it's something that gave it an incredible amount of thought, debate, internally and with my staff and the only overriding concern, the only overriding decision for me was what was City ofMiami Page 3 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 in the best interest of the City ofMiami, what's in the best interest as a District 4 Commissioner of my district, and also what's in the best interest of District 1? I presume we can start talking about District 1 before District 5. I guess on District 5 we're simply going to be setting an election date. And there is some interplay between the District 5 discussion and the District 1 from the purposes of efficiencies, if the Commission so chooses to set a special election for District 1. But the analysis for me focused on -- you know, the first point for me was we live in a democracy where people's right to choose their elected leaders is a fundamental right of this democracy, and for me that was one of the most impactful arguments in favor of making a decision on whether or not there should be a special election or whether or not there should be an appointment in this seat. I think there is also other considerations, but for me that was the fundamental principle that I started from. I've also received many, many, many calls from constituents from District 1 and from other districts regarding fairness issues in reference to there being an election essentially in district number 5 and whether or not there would be an election in district number 1. So many constituents expressed a concern that they felt it would be unfair for there to be an election in district number 5 and not have an election in district number 1. Some of you may recall that this situation came up in my district actually, a very similar situation, andl became very familiar with the governing charter provisions, Charter provision number 7 and Charter provision number 12, which talk about the succession in the event that a Commissioner is removed from office or resigns. And so, in my particular case, I felt at the time that it would have been very unfair for the Commission to appoint someone other than myself as a candidate because I felt that it would make it very, very difficult for myself as a candidate to mount an effective campaign against someone who had the power of incumbency basically. And I think had the Commission not taken the decision that the Commission took at that time in appointing then Commissioner Regalado and now Mayor Regalado, I may not be here today. I won a very, very hard-fought election by a very small margin, and you know, had there been an appointed person there, I may not be here in this situation. So that was something that very much considered in terms of what decision I wanted to make. Also the incumbency is a very, very powerful tool or it's a very, very powerful instrument. And you know, whatl used to tell voters when I was going door to door was that the decision that you make today or in their case on November 3 and on November 17 is a decision that may affect you for the next ten years. because the Commissioner who gets elected in District 4, in my case, can serve the remainder of former Commissioner Regalado now Mayor Regalado's term and an additional two four-year terms so, you know, it is for me very difficult to imagine a situation where I would presume to know what is in the best interest of a specific district for the next decade, and that is something that weighed very heavily on me in terms of which way I wanted to lean, whether it was in favor of a special election or in favor of an appointment. Obviously one of the major, major arguments against the special election are the costs. We have -- you know, we had some issues with our fiscal year 2009 budget. We had a very, very difficult time balancing our budget for fiscal year 2010, and we're going to have challenges in the upcoming fiscal year 2011 budget. And one of the things that's been mentioned is, you know, what are those costs going to be? The City Clerk's Office was kind enough to request from the Department of Elechons for Miami -Dade County a cost breakdown of what it would take for an election to be held in District 1. We -- obviously, we know there will be one in District 5 and that's going to have its own costs, but there are efficiencies that are created by having two elections simultaneously. The costs, as per the Clerk's office, for a District 1 election are approximately $173, 718. There happen to be in that district -- in my district there's about 36,000 registered voters. In that district there are 28,000 -- as of the county that I was given, 28,767 registered voters. So while the cost in sum, in total may seem daunting to some who think, you know, that we are going into lean budget years, and you know, cost -- every single penny must be considered, and I agree with that sentiment -- when you divide the eligible voters who are going to be eligible for the right to vote in that election by the costs of having that election, it comes out to be $6.04 per eligible voter. So for someone to have the right to vote and to choose their elected representative, a right that may decide their fate for the next ten years, for the next decade, they're going to be paying for that right $6.04, so we always have to put a perspective on a gross number. To give you another perspective on that gross number, as a percentage of our whole entire budget, it is about -- let City ofMiami Page 4 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 me see ifI get this right -- three one -hundredths of I percent of the City's budget. So when you consider that the incoming Commissioner, whether they're elected or whether they are -- depending on what the Commission decides -- appointed, will be controlling a budget of a little more than half a billion dollars, you put that against the cost for having someone elected by the people being three one -hundredths of I percent of the City's budget. So for me, that was how I analyzed the issue and that is what essentially has driven my decision on this issue. Andl welcome the public's input. This is my first decision, and as with many, many decisions in the future, I am not decided until cast my vote. So I welcome whatever discussion the public has and whatever input they have on this decision, andl look forward to hearing from them. Chair Sarnoff Commissioner Carollo? Vice Chair Carollo: Thank you, Mr. Chair. When I first came to the conclusion that I was going to have to make a decision, the first thing came to mind was what's best for the City ofMiami. And the truth of the matter is this is a democracy, and the truth of the matter is once again, we should let the people decide. I also think about fairness. What's fair for possibly two Commissioners or maybe three to appoint someone, or to have the possibility of 28, 000 plus elect their representatives? Again, going back to fairness, I can tell you right now I have not seen one job application, I have not seen one resume, andl can assure you that every employee of the City ofMiami turns in at least an application, sometimes both an application and a resume, so how wouldl be able to choose someone ifI don't even have an application or a resume? I don't think that's fair to any of the employees of the City ofMiami. Andl am someone, having been in government and in the corporate world, know the true meaning of morale. Andl could tell you right now that am not ready to appoint someone that has not been vetted, that we don't know if they actually live in the district or not, what their background is. So in all fairness, I truly believe the right thing to do would be to request a special election. As far as the costs, I would like to address that issue a little later on, if possible, but think I've said where I stand. I truly believe the fairest thing to do, living in a democracy, would be to have a special election. Chair Sarnoff Thank you. You know, interestingly enough, the power of the incumbency, is it powerful? Does it matter today? Is it significant? Probably the only Commissioner up here that ran against an incumbent Commissioner was myself when $850, 000 and the Mayor's endorsement and every Commissioner sitting up here -- I apologize, Tom; it was even you -- endorsed her and that wasn't enough to give somebody a vote. And just be aware of one thing, there will be three elections in District 5, not one. In January, if we decide to do so, there will be an election; $200, 000, let's say. In November '010, there will be an election; $200, 000. In November '11, there will be an election; $200, 000. Now, why do I bring up the costs? Because democracy is a priceless venture. Well, I do so because of where we really find ourselves. Probably being the only Commissioner on this dais that at one time was told during the Marlins conversation things are fine, things are great. Four months later, we couldn't close budget holes. Those costs alone for one election mean three and three-quarter police officers. Three and a half people -- three and three-quarters people that we probably won't be able to have a job for. And to give you an idea where our finances are right now, our '09 budget is not yet complete. We will dip into the reserves and probably hit as low as $68 million. The following year the budget will be much more difficult, and remember, we have an ordinance that requires us to have a plan to get back to the necessary reserves. Anybody that says that democracy doesn't work by appointment, bear in mind one thing, and that is that the Charter itself was voted on by the citizens ofMiami, and those citizens voted if the remaining City Commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, then there will be a special election. But it contemplated Commissioners up here appointing people. It contemplated us making that decision. Now, I'm not going to sit here and tell you that I absolutely have decided that it's proper to appoint 'cause I'd like to hear from the general public, but don't let anybody up here tell you that this is no cost to us because at the end of the day, it will probably mean three and a half to four people will have to be fired from the City ofMiami; and if it's not you, I guess City ofMiami Page 5 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 it's not a big deal. And if it means three police officers, I guess it's not pressing if you didn't need that police officer. In my district right now we have a rapist. I would hate to see three police officers not be available because we didn't budget for these elections. I'm more than willing and more than satisfied that we should have a healthy debate on why we should go through three consecutive elections. Again, January of '010, November of '010. And November of '011, but don't be blind. That is $600, 000 in elections. That is a lot of money, and that is a lot of input from the public. So with that, my mind is certainly not made up. Very rarely do I ever make a decision until have public input, and I'd like to hear from the public. So anybody wishing to be heard in regard to whether there should be a special election or whether there should be an appointment, why don't you step up to the microphone. Does anybody intend on speaking? They want to raise their hands. Why don't you start forming a line up now and we can start the conversation with the public. Vice Chair Carollo: Mr. Chairman, before we start that. As you know, this is my first meeting, and I'm usually low key. However, going back with what my colleague said, Madam City Clerk provided us the estimates for a special election, and you mentioned that we would have -- this will actually be three elections. I don't see where the third election comes into play. And at the same time I would like to, you know, speak with regards to some of these numbers. Some of these numbers, I don't see the meaning behind them because we have economies of scales; and in economies of scales, if we have two elections, some costs will be the same whether it's one election or two elections, andl see that. When it comes to ballot creation, post election, audit fees, it's one fee for both elections. However, I don't understand how if we have two elections on the same day, the cost of personnel increases three times, three fold or more than three fold I think questions like that need to be asked of the County because it just doesn't make sense to me, so I don't understand if it's really 281,000 for both elections, which then, when you start adding, what you said, it was 600,000 or if it's really less than that. I think we need to question these estimates and not just go by the numbers that are given to us. Priscilla A. Thompson (City Clerk): Would you like my response, Commissioner? Vice Chair Carollo: Please, ma'am. Ms. Thompson: Thank you, Vice Chair. The difference there that you just mentioned in personnel -- I'm sorry; let me say this first. I have requested of the Miami -Dade County Supervisor of Election [sic] more information regarding your pricing, but we need to understand that if we have the two elections, we're actually dealing with two districts. In District 1 there are 30 precincts, so you have to man those precincts with personnel. If you have just District 5, there are 25 precincts, you have to man those, so that's why you have a larger personnel cost because you're actually dealing now with, I think we can count, 55 precincts. And like I said, that's why we have more people, two different areas that we're covering now, okay, on that personnel cost. Vice Chair Carollo: Ma'am, but it seems to me -- I understand we have five additional precincts. Do you know the size of those precincts, and can -- those precincts be in one polling place? And the reason I ask, even though there's five additional precincts, realistically there's 11,000 less voters in District 1 than there is in District 5. Ms. Thompson: I'm sorry ifI didn't make myself clear. I'm sorry, Commissioner. District 1 is 30 precincts, okay. District 5 is 25, so we have a total of 55. On one hand it's 25; on one hand it's 30. So in District 1 you have more than double, just five more. More than doubled, okay? You also have locations, but again, I am asking them for further detail just to know that -- and let you know that there are certain requirements they have to follow by state regulations. There are certain formulas, certain checks and balances that have to come into place that requires certain personnel in going down that whole line of what you have to do. But, again, we will get further information for you on that. Rest assured, though, that we will work with the Commissioners and City ofMiami Page 6 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 the Miami -Dade Supervisor of Elections to come to an agreement on the costs involved for the election. Vice Chair Carollo: Thank you, Madam Clerk. Chair Sarnoff All right, why don't we allow the public hearing to start, and we'll bring it back to the Commission at the end? State your name for the record. And I'm going to make one admonition, Mr. Cruz, since I'm now the Chair, stay on subject. The subject of your conversation is about an election. Mariano Cruz: Election, yeah. Chair Sarnoff Whether you're a taxpayer or not is not relevant, okay? Mr. Cruz: I vote, irregardless. Chair Sarnoff So state -- all I'm asking you to do is -- Mr. Cruz: I don't pay taxes to the City, a debt service -- Chair Sarnoff I know that. Mr. Cruz: -- but I still pay indirect taxes to the City. Chair Sarnoff I'm going to say this once to you, Mr. Cruz. Mr. Cruz: Veteran. Chair Sarnoff Stay on subject about your conversation about the election. Mr. Cruz: Oh, sure, sure. Ms. Thompson: Excuse me, Chair. Chair Sarnoff Okay, go ahead. Ms. Thompson: Excuse me. Before you start, I need to let you know that unfortunately we have a malfunctioning with our clocks, so we don't have our timer. Mr. Cruz: I don't need more than two minutes. Ms. Thompson: Thank you, Chair. Chair Sarnoff I'll count them out for you. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida. I live in the district before even it was a district. I live and work there since 1963 before you -- I think you -- before you were born probably. And, you know, I got to say -- I was going to say like Senator (UNINTELLIGIBLE) say one there. We got a big power in the Senate and they asking how come you don't make speeches here? He say, oh, I don't have to make speeches ifI have the votes, you know. I remember that senator. He got a lot of power. He say why should make a speech ifI have the votes? I don't get (UNINTELLIGIBLE) today (UNINTELLIGIBLE). Well, remember, one man, one vote -- Constitution of the United States -- is a vote -- Constitution of the State of Florida, Dade County Charter, Miami Charter all say one man, one vote. I am a member of ACLU (American Civil Liberties Union), and read the first amendment. Remember, it's not City ofMiami Page 7 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 (UNINTELLIGIBLE). The petition of the people for -- to address grievances, and we have grievances. That's why we're here, okay? I don't need to be a lawyer to read everything. I serve a quasi judicial board. It's case law. It's (UNINTELLIGIBLE). It takes only one person of District 1 to sue the City, one person only that wasn't treated properly, or remember, what (UNINTELLIGIBLE). Money. Read the Biscayne Times here not too long ago. Ninety-seven employees of the City ofMiami made more than $200, 000 a year, 97 employees. Don't tell me that you're saving money. Nobody is saving anything. Ninety-seven, retirement, whatever it is. Was not one, two, or three employees; 97 employees. Not only that, how much money was spent in Miami 21 ? Three and a half million dollars when we have a Planning Department. What about our planners? Planners from the City Planning Department, they were out -- they were consultants making a lot more money with Elizabeth Plater-Zyberk there, okay, because that was a way to pay political debt, very legal, as long as you pay your IRS (Internal Revenue Service) tax or your 1099. That's it. That's all you need to do. They won't touch you if you pay your IRS, okay? So (UNINTELLIGIBLE) pages and pages to the Miami Herald, advertising in the Herald, full pages, eighteen thousand nine hundred -- twenty -some thousand dollars of the Miami Herald. You talking me about saving money? Oh, come on. Don't make me laugh. Don't make me laugh on that. We need the election because I don't know. Maybe I decide to run too. Who knows? Nobody know, right? You want me to run? Yeah, okay. (UNINTELLIGIBLE). Why not? Run. Or he say (Comments in Spanish not translated). I can't run now. Okay, thank you. Chair Sarnoff Thank you. Applause. Derek Cole: Derek Cole, 1010 Northwest 11 th Street, District 5. I'm concerned about having an election or having an appointment on District 5 because if you look at the election, you had three people running, you had someone that came in second, David Chiverton. Shouldn't he automatically go into that seat? Chair Sarnoff Thank you. Next? Miriam Urra: Good afternoon, Commissioners, Mr. Chairman. My name is Miriam Urra. I reside at 1819 Northwest 22nd Place, in Allapattah, District 1. Because you might be taking a very important decision today here in regards to filling the vacancies in our community, I'm here today. And I'm here today because it concerns me a lot that our community might not be offered a fair process. I have faith in you as our representatives, and I'm here to ask you, before you vote, to give a great consideration to what steps are going to be taken here today in -- to that regard. I think our community deserves a fair process. And a fair process to us, to me will be elections. Our community does not deserve less than any other community. I know we're going through very hard economic times and unfortunately, we're facing all that. It's not only Miami, you know. It's a situation that is worldwide. And, of course, we are concerned about our city, our community, our County. Please consider your decision, and hope it will be for the betterment of our community, our citizens in District 1. Thank you very much. Chair Sarnoff Thank you. Next? Patrick Sessions: My name is Patrick Sessions. I'm here personally. I'm on the Coconut Grove Village Council, but I am not here representing them. I want to make it clear, very clear. I'd like to say that I think some serious consideration when you make this vote should be given to how we got here and what the mood of the City is, what the mood of the people are, and what's happened over the last few weeks in this City. We've got two Commissioners removed from office. We've got a new police chief. We have you all who are new, with the exception of Commissioner Sarnoff, and business seems to have come to pretty much a halt around City Hall, at least from my perspective. That's really not relevant. What is relevant is that what this City doesn't need is the perception that the new Commission is going to stack the Commission. We City ofMiami Page 8 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 need to have full transparency right now more than ever in this city government, andl understand it's going to cost money. I don't like it, either. I don't agree with Commissioner Sarnoff that it's going to cost us three jobs. If it does, shame on you. There are plenty of places to save money in this City right now, and we should be able to find those areas. If we don't have to fix a pothole this week, let it go. The people deserve to vote. I'm not in that district. It doesn't affect me directly but it does affect me in going forward for the next ten years, as you pointed out, Commissioner Suarez, that someone is going to be representing them and taking votes on things that are going to affect my district as well. So I would implore you to go forward with this election. Thankyou. Applause. Julio Balsera: Good afternoon. My name is Julio Balsera. I live in Flagami area for 48 years. I live in district number 1. I support both elections District 1 and District 5. Now the City of Miami have the change. Now is the time of the change. Before many persons there are board appointed. We don't have any more people board appointment. We got people for the election. That's the legal. That's the community either. Thankyou so much. Chair Sarnoff Thank you. Mike Suarez: Okay. Good afternoon, Commissioners. My name is Mike Suarez. I am also a resident of the district. This for me is very important because I also -- I was also a candidate in 2007 against Commissioner Angel Gonzalez. I ran in the district. I campaigned. I visited over 6,000 homes. When it was all said and done, I got over 40 percent of the votes in the district. And I'm here to say, even with all the work thatl did, ifI were to be named, I would not accept it because in my heart, I believe that the residents of District 1 have a right to elect their representatives. That's what I'm here -- that's why I'm here today because I want our district to have the right to vote. Thankyou very much. Chair Sarnoff Thank you. Yes, sir. Richard Tapia: Richard Tapia, 5077 Northwest 7th Street. I am a declared candidate for District 1. I've declared for the 2011 election, andl will not be accepting an appointee onto the Commission. I wanted a special election, just like Mr. Suarez had stated. I ran in 2001. I got the Miami Herald's endorsement when I ran in 2001. And I've heard this Commission talk about costs, but the lives of our American patriots have been the true cost of democracy. Over a million American patriots have given their lives to defend democracy, and it is the cornerstone of our society, of our civil society, and we have to enforce it at the local level. We have to have an election in January. I feel it is the fairest way to go, as a candidate and as a non -candidate, but as a lifelong resident of District 1. I was born and raised in that district, andl believe that's the fairest way to go. Andl respect the opinions of my fellow Commission -- of my Miami Commission up here, butt really do believe the fairest way to go is to have a fair election in January, and that's what I'm here to say. Thank you. Chair Sarnoff Thank you. Christina Lalama-Suarez: Good afternoon. Christina Lalama-Suarez. I'm also a resident of District 1, andl am here to ask you to really consider elections for our district. I do think it's unfair to take that right away from the citizens and the residents of District 1. Also, I think it's unfair to inject fear into the residents of the City ofMiami by reminding them that there is a rapist on the loose in the Grove, as far as that having possibly impeding people's safety. I think with all the costs, if you really do look at the budget, I think you really can find that the citizens deserve the right to vote in their district and to choose their elected leader. Thank you. Marva Lightbourne: My name is Marva Lightbourne. I'm the chairperson of Concerned City ofMiami Page 9 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Citizens. My address is 5561 Northwest 7th Court. I am a resident here in District 5, andl am very appalled at what has been happening here, andl even notified Governor Charlie Crist 'cause he can do something about this. He can appoint someone just like he did in Broward County with Eggleston, andl know that he can appoint someone that would hold this chair until we get this mess cleared up. I have talked with people in District 5. I be out there canvassing the neighborhood. They are not happy with what is going on. They feel as though they have no representation in this district. Projects that has been on the table under Commissioner Spence [sic] might be either eradicated or not followed through. We need representation in District 5 and we want it now. And as an appointee, you can also appoint -- my personal preference is Reverend Dunn. He has been here for the late Arthur Teele, who we greatly admired. And l feel as though an appointment until this mess is over. What else is waiting for Commissioner Spence [sic] once she is voted in a special election? They got another charge against her in the wing waiting? And then we going through the same thing. As you did say, Commissioner Sarnoff, that the cost is tremendous, and we don't need no more cost. I personally was against the Marlins Stadium and still is, and look at the fiasco that's in. Then you're talking about the tunnel and all this other crap. You know, we are in a dire straits and we need the money here for the people, and the people are not getting their fair share of the deal. My late pioneer relative was one of the original signers of this Charter for the City ofMiami, A. C. Lightbourne, and he's rolling in his grave right now if he can see what is happening. We have to have an appointee here at least for District 5. That's who I'm speaking on behalf of. Thank you very much. God bless. Happy Thanksgiving. Beba Mann: Good afternoon, Mr. Chair, Commissioners. My name is Beba Sardina Mann, 1665 Southwest 23rd Street. I'm here to speak about two very important things I've heard, and that's why I had to get up and stand up and speak about. One is democracy, which is very, very important to us, and another one is fairness, which is also very important to us. Right now District 1 and District 5 have a very unique situation: They do not have a Commissioner. Yes, they do need the process. They do need an election. However, I don't believe that it's fair to District 1 or District 5 to hold an election, in particular to District 1, in January giving a candidate only one month to campaign. As a candidate myself who campaigned for seven months versus a year and a half of the other candidates, I can tell you that one month is not enough. So what are you going to have, a Mickey Mouse election? Because that's what it is going to be. Nobody is going to really be able to know anything about the candidates. I think it's time that you all sit here -- you know who the appointees are or could be. You know their background. You know what they are. This is not the first time it happens in City Hall, and you should do that, appoint somebody for District 1 and District 5. Thank you very much. Ruby Feria: Good afternoon, Chairman, Commissioners. My name is Ruby Feria, and I'm just only here to voice the opinion of some of the voters in District 1. I do not live in District 1, but it would not be fair for me to just listen to them and not being able to come forward and tell you that their sentiment is pro elections. The reason why I do that is because I believe that before the concern about how much we are spending on this election -- andl would like to know the difference between the one election that we are going to have already, which has been established, and the add -up of the cost of election in District 1 so thatl can understand if that money really, really, really significantly surpasses the need to listen to the people's voice. And the reason for that is that later on we're going to come here and listen to talks about the 90 or I don't know how many millions we're going to have to spend on a parking lot for the stadium, and then now we're discussing probably 500, maybe $160, 000, or I don't know how much, andl think it's really totally out of context to be talking about how a -- in this case -- andl don't think it's right and the appropriate term, but think it's -- yeah, appropriate to say that measly $500, 000 when they have spent millions and billions of dollars of our taxpayers' money for things that we don't even know what they are and whether we need them or not. I think we need elections. I think the people right to election is way above our concerns for $600, 000 expenditure. Over this, I should only probably say that I agree with the statement that everybody has made here, except the one that our dear and lovely Beba Mann did because if the election is only one month City ofMiami Page 10 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 and she only had the opportunity to campaign for so long, it was because she made the decision to come in late. And besides, if it's a month, everybody's going to get the same deal, the same fair and square share deal, so it doesn't make it a part from one person to another. Moreover, I think the opportunity that it was given to district number 4 to elect whoever they want to lead their district should be given to district number 1, then we will all feel comfortable that the right thing was done. Otherwise, we will always have a doubt as to why are we treated differently in District 1? Why the emphasis on -- at this particular time when we have so many problems and we should be moving on and working for the citizens ofMiami are we involved in the discussion as to why should we give this district a different treatment over this district? I don't think it's right. Thank you very much. Chair Sarnoff Yes, sir. Juan Carlos Garrido: Good afternoon. My name is Juan Carlos Garrido. People call me J.C., J.C. Garrido. It's okay. In any event, I think we have to have an election for District 1. That is the correct thing to do. I brought here my certificate of authenticity when I became a U.S. (United States) citizen back in May 1 of 1972. I went through a lot of hassles since I was born. Leaving Cuba going to the Dominican Republic and going through a Revolution in 1965, and I'm sure Mayor -- our Mayor knows about that 'cause he's a great reporter and he's a great person, and he knows about these things. What I'm saying is this. I brought my certificate here. Here it is. May I approach, Mr. Chairman? Chair Sarnoff Sure. Mr. Garrido: Thank you. Chair Sarnoff You haven't aged much. Mr. Garrido: What's that? Chair Sarnoff You haven't aged much. Mr. Garrido: I haven't? Chair Sarnoff No. You look good. Mr. Garrido: Oh, I appreciate that. But in any event, I'm very proud of that because we became American citizens, right, and this is a country of freedom. And what's happening here right now, we need to have votes 'cause this cannot be a Cuba. I'm here not politicizing anything, you know. We know 50 years of the battles and we all have suffered, especially the father of Tomas Regalado was -- he was in prison for a big time and a lot of other people. But in any event, let's get to the point. The point is basically is you should put in District 1 -- District 1, go for a vote and see what happens. Let the voice speak. Martin Luther King said it and -- when he spoke out there on Washington, D.C., and he said it. Andl -- basically, I'm going to say the following. Go and look what he said and, you know, memorize that. That's something really big, something really strong. And, Mr. Chairman, I know that maybe you want to get somebody here really right away, but you already have a quorum. It's okay. Take it easy. It's okay. The great thing that's going to happen to my children and my grandchildren which, hopefully, soon they'll be there, it's a good thing. It's a good thing. Just to finalize, this sir here, Francis Suarez and Mr. Carollo -- I don't know you. I really don't know you, but I know this gentleman here. And you know what, you guys are doing something great. And the thing is to have something for the future of our children and grandchildren. I'm not going to keep talking 'cause ifI keep talking, it'll be something else. But I think you should go to an election and let the people speak. Let the voice be heard. That's -- I think it's something that is going to be -- you know, the good Lord is going to bless everyone, one way or the other. But you should let the voice speak of the people, City ofMiami Page 11 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 whoever it is. You should not appoint anybody here. That's my opinion and -- not a suggestion, just an opinion. May God bless you all, all right. And congratulations, Mr. Carollo, Francis (Comments made in Spanish not translated) and Chairman Sarnoff, (Comments made in Spanish not translated). Chair Sarnoff Thank you. Mr. Garrido: (Comments made in Spanish not translated). Chair Sarnoff Felicidad to all of us. I think you have one more behind you, Mr. Mayor. Mayor Regalado: Oh, sorry. Miguel A. Gabela: Miguel A. Gabela, 1701 Northwest South River Drive, Miami, Florida 33125. Good evening -- good afternoon, Commissioners. Also a member of the Zoning Board, City ofMiami. We live in the United States of America. I said it about four times when I was on the Zoning Board about three years ago when I got myself into some trouble because I defended the residents of the City ofMiami against someone of big interests. Andl always said it that the -- we have to follow the rules. We're a democratic nation with democratic principles. I believe, on the one hand, we have the issue of making a special appointment. On the other hand, we have the other issue of making a one -month -- having a 30-day election. The problem with the 30-day election is that there's not enough time and the guy that has the most money is probably going to win. The other problem that I see is if you have the August election that coincides with the Metro -Dade elections in August of 2010, then who's going to run the show for District 1 ? Who's going to do the business for District 1 ? Who's going to represent District 1 ? Who's going to do business for District 1 ? Nonetheless, at the end of the day, whatever you gentlemen do, I hope you do it in fairness to everybody that is going to run so everybody has a chance to represent -- those of us that want to represent the district have a fair chance and have a fair open-minded process until we get to the election. My only problem with this 60-day window is that what's it going to be, you know? Who are you going to talk to? Who are we going to -- you know? There's not enough time, you know, and that's my only worry in this matter that we might get somebody that was able to raise enough money real fast but we didn't speak about the issues. We didn't speak about, you know, what happens to District 1, what's a real concern of District 1. I would hope you gentlemen sort that out and keep that in mind. Me, personally, I wouldn't have a problem with an appointment being made to hold the elections in August of next year 2010, but there would have to be a stipulation for the appointee that he's not going to run and that would be fair because he won't be -- he won't run as an incumbent so he won't have, you know, an advantage over anybody. I heard Mike was here -- Mr. Cruz: Me, Mariano Cruz. Mr. Gabela: Mariano Cruz was here -- I'm going to mention your name -- Richard Tapia, and also myself, which I will be a candidate. And that's all wanted to say. And hope you gentlemen make the right decision for District 1 and please remember we also need representation. Please, if you are going to make an appointment to somebody with you, do not make an appointment for one year and then that gentleman has a chance -- he or she has a chance to run again. I would hope that if you do make an appointment and it's going to be -- and the elections are going to be in 2010 of August of next year, that that person -- or there's an ordinance made that that person cannot run in 2010. Thank you very much. I appreciate your time. Chair Sarnoff Thank you. Grace Solares: Good afternoon, Commissioners. Grace Solares, 60 Southwest 30th Road. You have a very tough decision to make today, no question. With respect to the -- your concern, City ofMiami Page 12 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Commissioner Suarez, that you said that the people in District 1 saying why are they having an election on 5 and a possible appointment on 1 ? The answer is if you go by the City Attorney's instructions, the time to appoint someone to 5 has expired. My personal opinion hasn't -- because my personal opinion is -- and it's been run by my office. You know I work for lawyers -- that there is no vacancy on District 5. There is suspension. If this lady were to go to trial tomorrow and be found not guilty, she comes back and picks up her seat. A vacancy is the resignation, what Angel Gonzalez did. There's nobody there. It needs to be filled. And it has to be done within the period of time that the Charter tells you to do it. So we have that going. Another issue that is important is that if you elect to have elections, you will give 45 days for the people of the district and the people ofMiami 'cause sometimes people from other districts come to help the Commissioners in other districts because, after all, your decision is going to have an impact on my district, and your decision as well, and your decision as well, Commissioner Sarnoff. So it is very important. How can you get to know the candidates? You walked for two years. So did you. You came to forums. We had the ability of hearing you, of formulating an opinion about the candidates. You will not be able to do so now. That's another one. With respect to what happened on this district, Commissioner -- ex -Commissioner Gonzalez, now an admitted criminal, knew a year and a half before that there was an investigation going on about him. At that point in time, he started changing people from Zoning Boards. For example -- Gabela just said it -- he was removed and then Gonzalez came and put somebody else who now is running for a position in District 1. Therefore, there could be some people that a heads -up -- had a heads -up on what was happening on that district and they were already contacting the electorate to the injustice of the rest of the people who may be running now. So that is another issue. With respect to appoint -- with respect to the appointment, you have now the most important decision to make and you know why? Because the person who sits there, whether it is by appointment or by election, will have to deal with enormous issues between now and the next budget. If it's somebody that does not have the qualifications to really study what is going to be presented is going to be a disaster. We have the SEC (Securities and Exchange Commission) investigating the bonds. We have the County not extending the CRA (Community Redevelopment Agency) in order for you -- for us, for the City ofMiami, to have the money to put in the tunnel, which Mr. Hernandez appeared before the Dade County -- was very disturbed that day 'cause I was watching. Because what they did is an enormous problem with the City. We have the issue of the bonds now and the Marlins and the garage. We don't know what is going to happen. You need to think. There has to be somebody in there in this position between now and the next budget who has the capability to help you guys do this. He's going to be in a terrible position at the next budget, the City Manager. So this is an extremely important issue. About those of you who are worried about an incumbent -- you call an incumbent somebody who you appoint today being in here for the ten years, that is an absolute and total fallacy. Why? Because Linda Haskins was appointed to that seat when Johnny Winton left. What happened to Linda Haskins? I walked -- this man didn't have any money, $70, 000 -- I think he had 780. We, the people, walked for him. We, the people, wrote letters for him. We, the people, got people to vote for him. With $70, 000 against $800, 000, she lost; he won. So to say here today that you cannot appoint someone to a seat only because that person is going to be there for the next ten years to me is outrageous. There is an election in the next ten months, an election. If that person does not -- if it's appointed and does not do well, the people of District 1 will remove that person faster than you can say no, but you have to have somebody there that knows about business, that knows about numbers, that has an education, that supports that type of qualification. So I ask you -- it is very important. Weigh what I've actually told you today and come back with a right decision. Thank you. Chair Sarnoff Wait. Stay there, Grace. Grace, come back. You take the position that there's not a vacancy, so Section 12 of the Charter doesn't apply? Ms. Solares: I take the position, yes, sir. I've taken it before. Chair Sarnoff What -- City ofMiami Page 13 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Ms. Solares: That -- the District 5 -- Chair Sarnoff Right. Ms. Solares: -- since it's not a vacancy -- because a vacancy is because of resignation. This lady is still holding that seat. Chair Sarnoff What -- Ms. Solares: She's suspended from exercising any rights, any voting in this dais. Chair Sarnoff -- provision of the Charter applies if 12 doesn't apply? Ms. Solares: I can send it to you as soon as I get back to the office. I don't have it here. I didn't think you were going to ask me this. Chair Sarnoff But there is a section, in your opinion and maybe other lawyers' opinions, that applies other than Section 12? Ms. Solares: If you read Section 12, it tells you about a vacancy. Chair Sarnoff Right. Ms. Solares: Right? Chair Sarnoff Right. Ms. Solares: A vacancy is there's nobody there. A vacancy is not hers because it's a suspension. The woman has been suspended from giving a vote here; but if she were to go to trial tomorrow, she immediately comes -- and be found not guilty, she immediately comes back and sits there. Nothing is required for her to do because it's her seat. It has not been vacated. It's not a vacancy. It's not empty. Chair Sarnoff Is there any case law that you're aware of to support -- Ms. Solares: I -- right now, no. Chair Sarnoff -- vacancies? Ms. Solares: I would have to go to the office back to do it. I just read the interpreta -- what we have interpreted the word "vacancy" to mean and that's exactly what I'm basing myself in. Chair Sarnoff But are you basing your definition of vacancy on case law or just on dictionary law or --? Ms. Solares: Dictionary law. Case law, we can go and do it but that's my interpretation. Chair Sarnoff But have you done that? Ms. Solares: I mean, I'm sorry for not having written to you before on this 'cause that question you're asking me would have come back to me and then we would have actually researched it in the office. Right now what can you want me -- that is my position, though. However, between the words "vacancy" and "suspension" is clear. Thank you. City ofMiami Page 14 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Chair Sarnoff Let me ask the City Attorney. Is there any distinction in our Charter for a vacancy versus a suspension? Ms. Bru: Commissioner -- Mr. Chair, let me just go through what has happened here. The Governor of the state of Florida made a decision, made an interpretation of the law that informed him that he had the authority to suspend the Commissioner. There are those who believe that perhaps he did not have that authority because the law under which he suspended the Commissioner is an act of the Legislature, and the Governor's authority to suspend is found in the Constitution and it rests with a suspension caused by an indictment, which the Commissioner was not indicted. Now, having said that, the Governor acted and he acted under State Statute 112.51 that says that if a municipal officer is arrested for a felony, he has the power to suspend and so he did. That statute also says that when the Governor suspends such a municipal official, there is a temporary vacancy that is created. And that law also tells us that then we have to fill that temporary vacancy in the same manner and by the same authority that fills a permanent vacancy. And thus, although our Charter Section 12 doesn't distinguish between a permanent vacancy and a temporary vacancy, we follow the state law, we follow what the Governor has done, and we are filling our temporary vacancy in the same manner that we fill our permanent. And that is why we're following the Charter and it tells us that we have ten days to fill the vacancy by appointment. You were unable to do so because we had no quorum, and then our Charter instructs us that if you fail to do so -- it doesn't say why. It just says if you fail to do so, you shall have an election. And if there's ever any ambiguity, the ambiguity according to our principles and our case law is always construed in depositing with the people the power and the opportunity to elect their officials. Chair Sarnoff To answer -- I know Beba Mann said it, but I think Martha Lightbourne also said it, that if we appoint somebody to District 5, it is your opinion that it's out of our hands? Ms. Bru: At this point, because of the lapse of the ten days mandated by the Charter, it is out of your hands. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I know we're combining SP.1 and SP.2; however, it's two distinct situations. The large majority of the people here spoke on SP.1, which is District 1. I think the large majority of the people here mentioned that they want elections. However, there was a couple that had some issues andl would like to address them. They mentioned the 45 days was not enough. It's not enough to know the candidates in 45 days, who they are, their qualifications and so forth. However, you want me to make a decision on a candidate and appoint someone with two days when I don't have a resume, when I don't have an application? Applause. Vice Chair Carollo: So if your argument that 45 days is not enough, how can then I have two days where I still don't even have a resume or an application? I don't think that's fair. I don't think it's fair to all of the employees of the City of Miami, not to mention the 28,000 residents or voters in District 1. Another thing that was mentioned, once again, 45 days. Forty five days is not enough time to campaign. Obviously, a lot of you didn't understand my commercials. I could truly sit here and see that a lot of you still don't get it. You know what? I think the residents don't want to start to get to know their candidates now. They want candidates that have been working there for a long time and that was my message. I worked in my district for many years, and yes, I started campaigning a year ahead of time. You know why? To take it to that next level and that next level was to win without a run-off. So again, I hear the arguments but, at the same time, I also see that you're not understanding. I think, realistically, a lot of these City ofMiami Page 15 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 candidates, should there be a special election, really should have been working for their community for a long time by now. Applause. Vice Chair Carollo: Most of the residents should already know who they are, like they knew in my case. And that's why many people didn't understand my commercials. But I'll tell you what, it's obvious that people in the District 3 understood my commercials and that's why I got elected in the first round. With that said, Mr. Chairman, I would like to move for a special election in District 1. Applause. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Wait a minute. Let me just close the public hearing. The public hearing was opened. Anybody wishing to present? The public hearing is now closed. We have a motion for a special election on District 1. Is there a second? Commissioner Suarez: Mr. Chairman, I'll second that motion. I'd like to open it up for discussion on that -- Chair Sarnoff Go ahead. Commissioner Suarez: -- item, please. I think the Chairman made a very, very, very good argument when he said and he highlighted -- just as I did when I made my opening comments -- when you have cost figures, there are many, many different ways that you can look at those cost figures. And don't think that we should minimize the Chairman's comments with reference to the impact that it will have on our community, the decision that we make today. To have three less police officers is a significant decision and it is a significant impact. Nevertheless, one of the things that I wanted clarification from the Clerk on -- Madam Clerk, one of the things that I wanted clarification on was regardless of whether or not there is an election or an appointment, please correct me if I'm wrong, but there will be an election in District 1 on November of 2010? Priscilla A. Thompson (City Clerk): That is correct. Commissioner Suarez: And there will be an election in District 1 in November 2011? Ms. Thompson: That is correct. Commissioner Suarez: Okay. So regardless of whether there is a special election for District 1, there will still be those two additional elections? Ms. Thompson: That is correct, but might I just give you some information. Commissioner Suarez: Sure. Ms. Thompson: The one in November of 2010, we will be piggybacking on the Dade County election, therefore, the cost will be substantially less. Commissioner Suarez: Thank you for that clarification. In my case, in my election, I wasn't as fortunate as Commissioner Carollo to have avoided a run-offAnd this is a similar situation in that, you know, the citizens don't get to decide from a cost perspective whether or not there is a City ofMiami Page 16 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 run-off in a particular district. In my case, I did not receive more than 50 percent of the vote the first election. I got very close, but I did not get there. So there was a run-off election which, in essence, is a special election which cost the voters money, you know, and it is expensive. But, you know, I don't think anyone would offer to change that system so that the voters of the district can decide by a majority who represents them. I want to address some other comments that were made by the public, andl want to recognize in a special way Mr. Julio Balsera who made a comment. Mr. Balsera is someone who has led an initiative for tax reform countywide, so he's been someone who has been a proponent of reducing costs in government. And for him -- it means a lot to me to have him stand here today and weigh the costs of an election against the movement that he has been so passionately advocating for the last few years. I think also I wanted to recognize some of the comments made by Ms. Mann. I think she makes a very good argument that -- and some of the other people here have made that argument that, you know, there are some disadvantages to having a short election. Definitely, there are. I think if we could sit here and decide on an election date, maybe things would be different Unfortunately, the Charter mandates the way that the election procedure must be enacted and selected so there are going to be advantages and disadvantages to the system as envisioned by the drafters of the Charter. But I just want to say that, you know, one of the things that did explore was the option of selecting someone as a caretaker for this seat and did meet with a couple of people regarding that option to give the candidates, whoever they may be, and the voters additional time to contemplate who would be representing them in the district. Unfortunately, none of the candidates that met with were interested and they gave very good reasons not to be interested in accepting a caretaker role. Principally, their argument was that they did not want to be viewed as a lame duck, as someone who would be up here without any real authority. We have some serious issues that we have to confront in the next year in the City ofMiami and that person, whoever that person would be, felt or would feel that, you know, they may -- their decision or their comments may be viewed with less impact. So, you know, that option for me really kind of dissolved. You know, and in terms of Ms. Solares, who I'm not sure if she's still here, if her com -- you know, in reference to her comments, I think she makes a very, very good point. Regarding having someone who is imminently qualified to deal with the issues that are going to be before this Commission, dealing with, as the Chairman mentioned, still cleaning up for fiscal year 2009 -- God knows what, if any, clean-up we'll have to do for fiscal year 2010 and then, of course, setting the priorities for fiscal year 2011. But am supremely confident in the vote -- the wisdom of the voters to choose that person. They did it in the case of Chairman Sarnoff, they did it in the case of Commissioner Carollo, and I'd like to think that they made a wise choice in my case as well. Applause. Commissioner Suarez: Thank you. That's my uncle. Thank you for that. At least somebody agrees with you -- or agrees with me. You know, so I have a lot of faith in the voters of the City ofMiami. There was a time in the City where voters were disenfranchised or votes were not counted and you know, I think as a community we need to strive for the maximum amount of participation in the democratic process and we need to have faith in the process and faith in those who make the decisions that will ultimately govern our future. Thank you, Chairman. Chair Sarnoff Thank you. I think the Mayor would like to say something. Mayor Regalado: Just for the record. And I'm sure that -- Unidentified Speaker: Name and address. Mayor Regalado: My name is Tomas Regalado, 2424 Southwest 20th Street. For the record, I'm sure you know, but the minute that the Governor removed Commissioner from District 5, I spoke to the Manager and we agreed -- and he has done that -- that we should have the office open and functioning. And the office of District 5 is being -- functioning normally without a Commissioner, but they're taking complaints, they're taking different input from the residents. City ofMiami Page 17 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Our office has also been very proactive in attending to the matters of District 5 and it will continue to do that if you choose to have -- well, when the time of the election. In terms of District 1, also we had, the Manager andl, the discussion, and he has also decide to let District 1 have part of the staff and is working and getting complaints and taking the business of the district. So I just want to make that clear because I know that there is some concern about, you know, that if you choose to have an election that there will be no attention to the residents of both districts and this is going on. I just want to make that thing clear. And the other thing is, Commissioner Suarez, as you andl discussed, many, many month [sic] ago, the Charter had several ways to look at what wanted to do, andl chose to resign in order for us to have an election in District 4. I could have stayed until November 3 and then the Commission would have to appoint somebody, but thought that the voters and the residents of District 4 deserve to have the person that will lead them in the next -- andl'm very glad that you were that person. Had the Commission and the Chairman would not have taken the lead in reappointing me, well, we could have had another person or we could have had the empty seat, but the important thing is that we did and the Commission did whatever was necessary for the people of District 4 to vote, andl just want to remind that. Butl was just here to tell you that the office of District 5 and District I are working. They continue to -- the work for the residents, and the Mayor's office is ready to support, as well as the Manager's office, in taking care of the business of District I and District 5. Thank you, Mr. Chairman, Mr. Vice Chairman, Commissioner. Chair Sarnoff Thank you, Mr. Mayor. Applause. Chair Sarnoff Let me just close the discussion by suggesting a couple of things. One, you'll find oftentimes I'm going to take the unpopular other side to make sure that there is a fair and balanced debate on something. And you have to understand, I look to my left andl look to my right andl can't even believe I'm the senior guy up here. And we -- January of this year, we were told the City of Miami's financial condition was excellent. We were debating the Marlins. The three Commissioners that voted for the Marlins -- andl'm not going to dwell on it -- are no longer up here. The two that voted for [sic] it, one's upstairs, one moved to the center. Right after that debate, we went into what I considered the biggest grind we've ever had in the City of Miami. We debated Miami 21, we debated a budget that, I guess, forgive me, Mr. Cruz, you and I used to call it a tale of two cities. Mr. Cruz: Tale of Two Cities, right. Chair Sarnoff Right. There was the tale that was told to us in January, and then there became the tale that was told to us in late June, July, August, and September. And it wasn't until September -- andl think even this City Manager --I actually think he became a better city manager having gone through that budget crisis -- when it became infinitely clear that every 60, $50, 000 decision we made meant a person's job. I watched Commissioner Gonzalez fight for 35 jobs on September 25, 2009. Andl watched other Commissioners up here, job by job, fighting as all of the sudden 30, 50, $60, 000 started to mean something 'cause, as Mr. Cruz points out and others, it's only money, there's plenty of it, and you'll find it one way or another. I'm going to do this a lot this year andl want you all to listen. There is no more money. It's not stuffed in the cushions of the Mayor's office. If you read the paper closely today, his budget was depleted 39 percent. If you go up to the City Manager's office, there are no dollar bills stuffed in his cushions. There is no more money. Your reserves will be depleted by the time we balance the 2009 budget by 22 million more dollars. You cannot continue to exist the way this City exists. With saying that, I want everyone to know that every time we make a financial decision, it really does come down to a job, it really comes down to real people. There are no longer sluff (phonetic) funds. There are no longer -- whatever you guys like to think that this City did in the years past -- there's no longer reserves. There's no longer this cushion, if you will, out there existing. Yet, I hear the people out there loud and clear, andl think in a city like Miami where City ofMiami Page 18 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 there is such a robust and such a energized immigrant community -- everybody came here for one reason, a right to vote, the ability to put in a good and the ability to put in a bad elected official because just 'cause you vote doesn't mean you put the right woman or man in office. Case in point, we have two that were voted in that are now no longer in office. So it's not to say that we get it right, but you know what it is? It is our right to get it wrong. And that is the American way. The American way is the right to get it wrong. So with that being said, I can endorse a special election, but every time we have an expenditure in the City ofMiami, I want you all to know it comes at a cost and at a price. That's all ask. Everybody go into this eyes wide open, but undoubtedly, it is our right as Americans to get it right and it is unfortunately our right as Americans to get it wrong. But you know what? We make that decision and no one makes it for us. So what I would like to do is amend your motion to include a date of July -- excuse me, of January 12, 2010, which would be a -- I believe it's a Monday -- Tuesday, excuse me. And would the maker of the motion accept that amendment? Vice Chair Carollo: Yes, I will, Mr. Chairman. Chair Sarnoff Would the seconder of the motion accept that amendment? Commissioner Suarez: Yes. I will second that motion. Chair Sarnoff I'm going to call the question. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, it passes unanimously. Applause. SP.2 09-01338 DISCUSSION ITEM DISCUSSION TO SET AN ELECTION PURSUANT TO THE CITY CHARTER TO FILL THE CURRENT VACANCY IN THE DISTRICT 5 COMMISSION SEAT. 09-01338 Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: (SP.2) 09-01338a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SCHEDULING A SPECIAL ELECTION TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 5; SETTING JANUARY 12, 2010, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING NOVEMBER 30, 2009 THROUGH DECEMBER 4, 2009, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS City ofMiami Page 19 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 09-01338a Exhibit.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0513 Chair Sarnoff We have to do an election for District 5. I would recommend -- maybe there's some cost efficiencies if we do it the exact same day, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct. Commissioner Carollo: Move to do it the same day. Commissioner Suarez: I will second that motion. Chair Sarnoff All right. So the motion is for a special election to be held January 12, 2010 in District 5. Commissioner Carollo: That's correct. Chair Sarnoff All right. Motion and a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Julie O. Bru (City Attorney): Mr. Chair, just for clarification purposes, the -- this last motion that you voted on, there's just a slight distinction between the election that will be held for District 1 and for District 5, which is that for District 5 the election is subject to displacement. As we know, based on the law, should the Commissioner be acquitted, she is entitled to retake her seat, to be restored into office, so it's subject to displacement. Chair Sarnoff She's also -- could be displaced by the Governor taking her out one more time. Is that not correct? Ms. Bru: I've spoken to Governor's counsel and they have not determined whether he has that authority. Chair Sarnoff Okay. Ms. Thompson: And just for the record, Chair, if we might. City Attorney, we just want to state on the record -- Chair Sarnoff Folks, it'll be another two minutes. You could just hear the exciting news on the next Commission date. Ms. Thompson: Just for clarification on the record and for inclusion in our resolutions, we want to make sure to state on the record the opening of the required five-day qualifying period in order to have the election on January 12 will begin on Monday, November 30. Chair Sarnoff Does that need to be by a motion or is that just on the record? Ms. Thompson: No. It is included in your resolution. It's already included there. Just making City ofMiami Page 20 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 sure that we state all of that on the record. Chair Sarnoff Okay. Ms. Thompson: Thank you. Chair Sarnoff We did take the vote on District 5, did we not? Ms. Thompson: Yes, you did, sir. SP.3 09-01339 DISCUSSION ITEM DISCUSSION TO SET THE NEXT CITY COMMISSION MEETING FOR DECEMBER 10TH, 2009 AT 9 A.M. 09-01339 Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: (SP.3) 09-01339a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE CITY COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 3, 2009, TO BE HELD ON DECEMBER 10, 2009 AT 9:00 AM. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0514 Chair Sarnoff The only order of business left for this Commission is setting its next agendaed meeting. December 10 seems likely. We'll have a full Commission of three of us, as one of returns from Paris. I won't say who. Commissioner Suarez: You had to say that, huh? I will make a motion to change the next Commission meeting from December 3 to December 10. Commissioner Carollo: Second. Chair Sarnoff All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Commissioner Suarez: My wife thanks you. Chair Sarnoff Just bring me back a small item, under $25, so that I don't have any issues. Commissioner Suarez: No problem. Chair Sarnoff All right. I guess we just need -- Pedro G. Hernandez (City Manager): Mr. Chairman. City ofMiami Page 21 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 Chair Sarnoff -- a motion to adjourn. Mr. Hernandez: Mr. Chairman. Chair Sarnoff Yes, sir. Mr. Hernandez: Just to have one word in. That means that in the month of December, the two regularly scheduled meetings of the City Commission will be December 10 and then December 17. Chair Sarnoff That is my understanding. Priscilla A. Thompson (City Clerk): That is correct. NON AGENDA ITEMS NA.1 09-01387 DISCUSSION ITEM STATEMENT BY MAYOR REGALADO CONGRATULATING THE CITY OF MIAMI'S TWO NEW COMMISSIONERS ON THEIR ELECTION AND HIS DESIRE TO WORK WITH THE COMMISSION ON ISSUES AFFECTING THE CITY. DISCUSSED Chair Sarnoff Madam City Attorney, do you need to read anything into the record? Julie O. Bru (City Attorney): Mr. Chair, first of all, good afternoon and congratulations on your appointment as Chair. Chair Sarnoff Thank you. Ms. Bru: And members of the Commission, is this intended to be a public hearing? Okay. Then I will read briefly some of the provisions. Chair Sarnoff Do you -- do we need to do the disclosure ordinance or --? Ms. Bru: No. Chair Sarnoff No? Okay. Why don't we allow the Mayor to address us? This is his first Commission meeting, and think maybe his words would have a role to play here today. Mr. Mayor. Mayor Regalado: Good afternoon, Mr. Chairman, Mr. Vice Chairman, Commissioner Suarez. Thank you. I feel different here, but I'm proud. I am excited with this new Commission. You know, I have read in the press and heard people say, well, this is new Commissioners with no experience. Andl tell them all the time they do have a lot of experience. I walk along Frank and Francis for more than a year in their district and they understand the needs of their district. I will tell you that I'm so proud that these two new Commissioners will be serving their district because they know each and every corner of the district and each and every need of the district. They know people by name. And predict that they are going to be both great Commissioners, and I'm very proud to serve with you. As for the Chairman, it's been my colleague for these years, and sometimes we were on the side of the votes but it was worth it because we fought many causes; we won some; we lost some, but I'm proud to have served with Marc Sarnoff as the City Commissioner. What we have here today is just a preview of what you all going to have in City ofMiami Page 22 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 the next month. Hard decisions are going to have to be addressed, andl know that you are ready for this task. I will tell you that as the Mayor, I know what a City Commissioner needs, andl am willing to work with the Administration to serve each and every district of the City of Miami. And today we have a very special meeting. Today you are about to make decisions for the future of two fifths of the population of the City ofMiami, and this is a great responsibility; andl believe that you are going to do the right thing for the City ofMiami. We -- as the Chairman said, we have an agenda that we have to set an election for one district and discuss the future of the other vacant in another district. I know that it's going to be a difficult thing, but I know that you will, as I said, do the right thing. Personally, I believe that all of you, like me and the Chairman, we all had a good fight in the campaign; and we -- I believe that we earned the results because we were out there for more than a year campaigning, and we are the results of election. Hopefully, you will consider to have two elections in the City ofMiami, but that would be your decision. Whatever you do, as your Mayor, I will support, and I'm ready to hear the debate, andl am looking forward for the next meeting so the City Commission -- we will have many, many items, many issues and many plans, and I'm looking forward to work with you, so thank you for having me. It is a pleasure to work with the new City Commission of the City of Miami. Thank you. Chair Sarnoff Thank you, Mr. Mayor. Applause. NA.2 09-01388 DISCUSSION ITEM COMMISSIONER SUAREZ INVITED THE PUBLIC TO ATTEND HIS SWEARING -IN CEREMONY. DISCUSSED Commissioner Suarez: I just want to say something before adjourning. I just want to invite everyone who is here in the chamber to my swearing -in ceremony, which will be this evening at 6 here in these chambers. You're all welcome to be there. Thankyou. Chair Sarnoff Is -- do any of the Commissioners -- you're both aware now it's the 10th and the 17th, correct, for the December meetings? Okay. I think we're aware of it, Mr. Manager. I think we're okay with it. Are we impeding one of your vacation plans? Pedro G. Hernandez (City Manager): No, sir, you're not. Chair Sarnoff Okay. I don't want -- Mr. Hernandez: We'll be here -- Chair Sarnoff -- (UNINTELLIGIBLE) mad at me. Mr. Hernandez: No, no. We'll be here the 10th and the 17th. Chair Sarnoff Okay. Mr. Hernandez: Thankyou. Chair Sarnoff Motion to adjourn? Commissioner Suarez: I second that motion. Chair Sarnoff All right, all in favor? City ofMiami Page 23 Printed on 12/28/2009 City Commission Meeting Minutes November 25, 2009 The Commission (Collectively): Aye. Chair Sarnoff Thank you all. City ofMiami Page 24 Printed on 12/28/2009