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HomeMy WebLinkAboutCC 2002-09-11 Minutes55. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR CITY FOR PURPOSE OF TAXATION; FIXING MILLAGE AND LEVYING TAXES IN CITY, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. ENDORSE MAYOR'S RECOMMENDATIONS AS CONTAINED IN HIS BUDGET PRESENTATION; REQUEST MANAGER TO AMEND BUDGET MILLAGE ORDINANCE TO CONFORM WITH MILLAGE AND BACKGROUND MATERIALS OF FIVE-YEAR PLAN, BASED UPON MAYOR'S RECOMMENDATIONS, AND IF DISAGREEMENTS, THAT ALTERNATE BE SUBMITTED BY MANAGER. DIRECT MANAGER TO CREATE TWO NEW EXPENSE ACCOUNTS OF GENERAL FUND OF CITY DENOTING (1) APPROPRIATION OF OPTIONAL GAS TAX REVENUES TO CAPITAL IMPROVEMENTS PROGRAM, AND (2) APPROPRIATION OF STORM WATER UTILITY FEES TO CAPITAL IMPROVEMENTS PROGRAM. DIRECT MANAGER TO DRAFT RESOLUTION FOR INTERNAL STUDY AND REVIEW OF FIRE ASSESSMENT TO BE CONDUCTED AND COME BACK WITHIN 180 DAYS WITH RECOMMENDATION TO REDUCE FIRE FEE BASED ON PRINCIPLES OUTLINED. DIRECT MANAGER TO AMEND TABLE OF ORGANIZATION OF CITY TO HAVE OFFICE OF HEARING BOARDS REPORT DIRECTLY TO MANAGER INSTEAD OF ITS CURRENT POSITION UNDER DEPARTMENT OF PLANNING AND ZONING. DIRECT MANAGER TO BRING BACK MODIFIED RECOMMENDATIONS INCREASING ALLOCATION FOR PROMOTION OF CITY FACILITIES BY $50,000. Chairman Regalado: OK. It's 5:05. It's time for the budget hearing. This is a public hearing on the City of Miami budget for the year 2002/2003. Commissioner Gonzalez is not here. You want to take a five minute break? Or -- OK. We'll be taking a five-minute break. We will be waiting for the full Board, plus the Mayor, and then the Manager and the Mayor will give us their ideas on the budget. Five minute break. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:05 P.M. AND RECONVENED AT 5:19 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Chairman Regalado: OK. We're back. This is a public hearing for the proposed budget 2002/2003. We have the Mayor of the City of Miami, Manuel Diaz with us. He is going to present to the people of Miami and the City Commission his proposed budget. We will then hear the City Manager, Carlos Gimenez, with his ideas and proposed budget. Mayor Diaz. 147 September 11, 2002 Mayor Diaz: Thank you, Mr. Chairman. In keeping with the City Charter, I join you here today to deliver my budget address and to outline my priorities for the coming fiscal year. Before I begin, I would like to take this opportunity to thank the members of this body for granting my request to create the position of Senior Advisor to the Mayor for Finance, which, for the first time has allowed the City's elected officials to actively participate in the budget process. Since assuming the Office of Mayor some ten months ago, Miami has experienced a great many successes. With the assistance and support of this Commission, I have undertaken to refocus this government on the following four priorities: Improving the economic situation of our citizenry through responsible tax cuts; making the required capital investments that will facilitate future economic growth; safeguarding the City's future fiscal solvency and ensuring the delivery of quality services to enhance our quality of life. As you will see, the proposal that I will present today reaffirms this government's commitment to these four overriding goals. While the lingering effects of September 11th and the national economic slow -down have caused other metropolitan areas to face soaring deficits that have prompted real cutbacks in services, we have been blessed with continued growth in our local tax base. This growth will allow us to meet existing obligations and embark on a course of sustaining public investment. Our current fiscal situation sharply contrasts with the City's past financial and political instability. Much of this new stability is a credit to the hard work and leadership provided by this Commission. Despite our difficult past, Miami remains poised for unprecedented growth. Future growth, however, is contingent upon the continued improvement of both the City's financial and operational Management and a sustained focus on infrastructure improvement and investment. Success in both of these areas will require a long-term commitment. Planning for success requires that we examine our financial situation, utilizing a five-year frame, as opposed to merely on a year-to- year basis. Prudence, a multi-year focus and a penchant for conservative forecasting have guided the development of this proposal by my office; each of these, in turn, assuming a heightened level of importance in the face of an increasingly uncertain economic climate. Priority Number 1: Delivering tax relief to City residents. Ensuring future growth requires that the City do what it can to improve the economic well being of its residents. During these tumultuous times in our recent past, the greatest sacrifices were borne by the average taxpayer of the City of Miami. In the midst of a growing fiscal crisis, Miamians repeatedly answered the call for help, repeatedly reaffirming their commitment to our City. In recognition of their past sacrifices and continued commitment, my proposal calls for our commitment to reduce the City's millage tax rate every year for the next five years. These long overdue tax cuts represent a savings to our taxpayers of over twenty-one million dollars. In this budget year, homeowners in the City will enjoy no increase in general taxes, because the proposed millage rate reduction of 1.6 percent will completely offset the County's increase in assessed values for homestead properties. This commitment to sustained tax cuts will greatly enhance the City's competitive position vis-a-vis other jurisdictions within Miami -Dade and our region. Priority Number 2: Increasing capital investment. Improving the City's competitive position requires more than just sustaining tax cuts. Tax reductions must be coupled with needed capital investment that will facilitate and leverage additional private investment. We must commit our City to this task and demonstrate this new commitment by substantially increasing contributions to the Capital Improvements Program. In the past, we, as a City have failed to prioritize capital investments against ongoing operational needs. In this time of relative prosperity, it is important that we not squander the opportunity to reinvest in the civic enterprise. To this Commission's credit, a ballot item to secure two hundred fifty-five million in needed resources for capital investment was passed last 148 September 11, 2002 November. Our commitment to capital investment, however, must extend beyond special debt issuances and become a recurring budget priority. As such, my proposal calls for increased contributions to the Capital Improvements Program over the next five years totaling $70,000,000. Additional resources will be strictly used to improve the conditions of such things as City streets, curbs, gutters, flood mitigation, storm sewers, streetscapes and greenways that will improve our urban living environment. This enhanced level of investment will be achieved by ensuring that resources available for capital projects are spent only on capital projects. Past practices acceptable during times of financial crisis must cease. We must recommit this government to using capital resources for the sole purpose for which they were intended. Capital sources will no longer be viewed as stop gaps to meet ongoing operational cost, but as public investments meant to leverage private investment. Each of us recognize that the best economic investment a City can make is in its infrastructure. Infrastructure investment can catalyze private investment that can help grow our commercial tax base. Increases to our commercial tax base will increase the likelihood that we can deliver additional tax relief to City residents. This additional $70,000,000 funding for capital projects over the next five years will be achieved by directing local option gas tax and storm water utility resources away from the general fund and into the Capital Improvements Program account, where they belong. Coupled with the substantial resources available through the recent bond issuance, existing unexpended and appropriated CIP (Capital Improvements Program) balances, existing unallocated revenues and future bonding capacity, the City will have at its disposal approximately $481,000,000 for capital projects over the next five years. Increased resources alone, however, will not assure the desired results. As such, included in this proposal is the creation of the Capital Improvements Program Department. This new department will be solely focused on implementing those projects from the resources from our bond and Capital Improvements Program accounts. The remarkable growth in our tax base has allowed us to embark on this new course of capital investment. However, we must continue to exercise the same level of fiscal prudence and discipline that has characterized this Commission. As such, over the five-year life of this proposal, existing reserves of approximately $95,000,000 will be increased by nearly an additional $30,000,000. Conservative estimates of revenue forecast have been utilized to provide the City the necessary cushion in the event any unanticipated decline in revenue should occur throughout this period. Efforts to reduce the tax burden borne by City residents and provide adequate levels of investment have been properly balanced against the need to preserve the City's continued strong fiscal solvency. While our other three priorities are requirements for ensuring future growth in the City's tax base, a focus on this fourth priority is a requirement if we wish to create a quality living environment. Great cities all share common characteristics. Chief among these are a quality park system, a modern communications infrastructure, a responsive City Administration, a vibrant arts and entertainment community, clean, safe streets, a suitably designed living environment and an adequate transportation infrastructure. This proposal includes funding for initiatives in each of the aforementioned areas that impact the quality of our lives. With regard to parks, we must make a greater effort to adequately fund our parks. Improving the quality of both the amenities and programming within City parks remains one of my highest priorities. The bond monies approved by our voters last November provide the much needed funding for capital improvements within our City parks. However, our City must provide the necessary resources for the express purpose of providing much needed after-school programming for our children. The five and a quarter million dollars allocated in my plan will help address the immediate demand for quality programming within City parks. These funds will be placed into a trust or an 149 September 11, 2002 endowment to be created for the sole purpose of developing after-school year-round programming activities for our children, and will be leveraged to obtain additional private and public grants and contributions. Finally, in keeping with my pledge to make Miami's parks a nationally recognized system for recreation, this proposal provides funding for the development of a parks master plan. This master plan will help provide the City with quality standards for both amenities and programming that can be used to benchmark our progress. In addition to a signature parks system, a hallmark of any great municipal government is a modern information technology and communications infrastructure. The various information technology initiatives identified and funded within this proposal mirrors many of the recommendations included in the information technology master plan. As I noted in my State of the City Address, continued operational stability requires the development of greater financial sophistication and improved timeliness in our financial reporting. This proposal includes appropriations for a number of priorities outlined in the information technology master plan. Nine million is included for the Citywide implementation of an enterprise resource planning financial system, as well as funding for the acquisition and installation of a much needed computer-assisted dispatch system for our City's Public Safety Department. These new funding initiatives will significantly enhance the City's administrative efficiencies and controls. Improvements in the City's information technology capacity must also be coupled with investments in our accountability system. Residents demand and deserve a City government that provides timely and accurate assistance. In an effort to improve the responsiveness of City staff and create greater accountability throughout our government, funding for the implementation of a Citistat system is included within this proposal. This proposal allocates four hundred twenty-nine thousand to underwrite the creation of the Office of Citistat, together with a million, point seventy-eight -- one point seventy-eight million in capital funding for the purchase and implementation of a complaint tracking system. Each of us has stated on numerous occasions our shared belief that customer service must be job number one for all City employees. This Commission has in recent years taken proactive steps to ensure that all City employees receive customer service training. We must now take the required steps to ensure that elected officials are adequately staffed to respond to the many needs of their district constituents. As such, the proposal includes a recommendation to raise each of your respective office budgets to $300,000. The creation of the Office of Citistat and the companion complaint tracking system will complement the required training and additional staff support to your offices. More importantly, these new resources will help our Administration exercise greater oversight with regard to staffs responsiveness when addressing citizen complaints and requests for assistance. The creation of this office and the accompanying appropriations signifies our collective commitment to elevating the City's level of constituent service. Earlier this year, this body passed legislation creating a new Arts and Entertainment Council. This action was taken not only because of the immense opportunities for growth that exists within this area, but also in recognition that a truly world class City cultivates and invests in this kind of activity. In recognition of the complexity of this undertaking and the need to provide competent support for this high profile Council, my proposal includes funding for the hiring of an Arts and Entertainment Council Liaison. This individual will be called upon not only to staff the Council, but also to serve as the City's liaison on all matters related to the arts and entertainment. To further support the activities of the Council, my proposal will include an appropriation of $500,000 for the Special Events Fund. In October of this year, my office will present a plan that will propose changes to the existing process utilized to fund special events an organizational function within the City Administration. Our Clean Up Miami Campaign will 150 September 11, 2002 continue into this new fiscal year. Improving the cleanliness of our streets is a natural complement to our new emphasis on capital investments. In this proposal, the requisite funding to complete the implementation of our One -Armed Bandit Program throughout the remaining areas of the City is included. Surplus sanitation work is no longer assigned to trucks, but now join the core of employees who will focus on trash pickup and cleanup efforts in neighborhoods throughout our City. As in the pilot program, surplus staff will be assigned to the Solid Waste Department, who will supervise their deployment in the field. Another new initiative included in the proposal includes funding for the creation of a Citywide master plan. This master plan, funded with an initial allocation of $750,000 will help us to develop smarter zoning codes that will not only specify use, but establish minimum requirements for design within each particular zoning category. Similar codes have been adopted in communities across the State of Florida, such as Sarasota and West Palm Beach. This multi-year project, spearheaded by our Planning and Zoning Department, will result in the adoption of standards that will lead to the development of a higher quality urban living environment. In addition, funding has been provided for the creation of two dedicated personnel in our Planning Department to address the City's long-term transit and transportation needs. It is important when considering this proposal that we remain cognizant of the fact that the aforementioned goals, tax reduction, increase capital investment, increases to reserve balances, increase funding for City parks and continued investment in other areas have all been incorporated without accounting for the likely efficiencies of the continued existence of the parking surcharge. In the coming months, I will be working closely with each of you and City staff to identify areas within our existing operations where efficiencies can be realized. A review of the Police Department is underway and will continue in the coming fiscal year. Adequate funding to support this review is included. In the coming weeks, the City will be hiring a consultant to assist with these assessments. Funds have also been allocated for a thorough review of our compensation, benefits and pension structures. Finally, an analysis of our Risk Management operations is also underway and fully funded. These and many other efficiencies can be accomplished and will require the cooperation of elected officials, City staff, unions and City employees. In my State of the City Address, I promised to involve employees intimately in this process through the creation of a Labor/Management Council. As agreed upon during the recently completed negotiations with the four Collective Bargaining Units, I would respectfully request that this body adopt a resolution creating the Labor/Management Council. This committee's charge shall be to examine departmental practices and propose administrative policy changes that will generate operational efficiencies. I would respectfully recommend that Commissioner Teele chair this committee, and that the balance of the members consist of a representative from the Office of the City Manager, Human Resources Department, Department of Labor Relations, the four Collective Bargaining Units and my office. Lastly, it is my belief that future salary increases for staff be linked to the savings resulted from the innovations and increased efficiencies in the service delivery identified by this special committee. Much remains to be done to assure our City's rightful place among the greatest cities in the world. This proposal provides the needed direction and foundation to launch us upon that trajectory. I look forward to counting upon your continued support and thank you for your time and thoughtful consideration of my recommendations. Chairman Regalado: Thank you, Mr. Mayor. Commissioner Teele: Mr. Chairman. 151 September 11, 2002 Chairman Regalado: Yes, sir. Commissioner Teele: I'd like the record to reflect that the last budget proposal we got from the Mayor was about a half a page long, and I do want to say to the Manager and the Mayor how much I really appreciate the joint efforts that are going into this real formulation. But I think, Mr. Mayor, you focused on the essential issue that is missing. I think the staff, the Management of this City has done more than its share for the last 15 to 20 years in developing budget. I think the missing link has been the absence of elected leaders, elected officials in their respective positions in being engaged in this process. I note specifically that you have availed yourself of an opportunity that your predecessor had. The position that you made reference to was approved under -- some two years ago, when we talked about the need to have a budget component in the Mayor's Office, as we also have talked about the need to have a budget component in the Commission office, at least in the Chairman of the Commission's office. But I do think that what we're doing now is literally bringing a check and balance, and stability, and preventing and ensuring in the long-term that we will never have to see another Oversight Board by having this elected official review. And in that regard, I hope that the Management and the Manager, directly, understand that this was a request that we made of you, and we specifically funded a position for your office, and that while this may be a new process and it may be -- we're a little late in the time line that in the future years that this process will continue and will be more refined. And I again want to commend the Manager for his role in the budget, but particularly, I want to salute you, Mr. Mayor, for accepting the responsibility for the first time that I have been in the City of Miami, and watched City Commission meetings, as I've watched as a citizen, that the elected officials or an elected official is taking some responsibility for the budget. The solution in the City Commission chamber was let the Management figure it out. And, I mean, I think we all can remember how we would say, well, let the Manager figure it out. And it got so at far one point we had to say, well, let's just pass the budget bottom number, and let the Manager figure out all those other numbers on top of the line. And we've come a long way from that. And so I just want to again pledge to you that I think that this process really makes the Oversight Board process history, because with this process we will begin, I think, a more helpful dialogue. And I really would enjoin the Management to -- as the Charter requires -- that we have to get the Manager's recommendations. And I don't know how much of this we're going to have a written Manager's recommendation. But we do have to be faithful to our Charter, in that -- in this, as long as we've got this form of government. And so I would hope that over the next two weeks, rather than debating a lot of these -- if there are issues tonight, over the next two weeks, the Manager would prepare a draft and submit to your office, and so that at the last budget hearing, we can have sort of a -- hopefully, a rubber stamp, a really rubber stamp, because the work is being done in this format. And I think this is very helpful. Thank you, Mr. Mayor. Chairman Regalado: Are we ready to hear the Manager's budget? Any other questions to the Mayor or are we going to do this after we hear the Manager? OK, Mr. Manager. Carlos Gimenez (City Manager): Thank you, Mr. Chairman. I also want to thank the Mayor for all the time that he's taken on the preparation of this budget. And we've had a series of discussions on the budget. I think you'll see that in the presentation we're about to make, most of the Mayor's initiatives will be addressed. Also, the initiatives that you all relayed to us during 152 September 11, 2002 those workshops will be addressed, and that we're pretty much in concert. There are a couple of differences between our recommendations and the Mayor's. And I think that I'll take your recommendation, Commissioner Teele, and sit down in the next couple of weeks and see if we can resolve those issues. I don't think they're major. It's just a different way of doing things, that's all. But it's not really a large variance from one to the other. And the basis of our preliminary budget is we align the allocation of our available funding to the priorities that were established by the elected officials during their workshop on April 16th and July 15th. The priorities that were established were the implementation of the voter approved bond projects, implementation of the Clean Up Miami Campaign. We needed to address better the infrastructure needs of the City. Also, address the neighborhood needs, achieve better short-term and long-range forecasting planning models. How we did that is -- the first thing is today, we met our new Capital Improvements Program Team Manager, Ms. Palacino. We're going to coordinate all the personnel from different departments into a central office that will really focus on CIP. And we share the Mayor's concerns and his vision that it should all be put into one office, totally focused on getting our Capital Improvement Project underway. As he said, we have in the bank now probably over a quarter of a billion dollars to spend on capital projects, and we need to get those going. And we have future allocations of money that will increase that pot to close to $500,000,000. We established five new positions in fiscal year '02 to lead a CIP Team that will help Ms. Palacino get going and get that team organized, and help us do those projects in a quicker fashion. We-- there was an implementation of the Clean Up Miami Campaign. We transferred staff from NET to consolidate clean-up efforts. And we also added new personnel in the Department of Solid Waste. We fully funded the One -Armed Bandit Trash Collection System, and it will be implemented Citywide this fiscal year, due to the direction of the City Commission on that particular issue. The implementation of that One -Armed Bandit System will free up another group of Solid Waste workers to further enhance our clean-up efforts in the City of Miami in the next coming years. We addressed infrastructure needs. The infrastructure assessment is to be completed by the first quarter of fiscal year 2003. We appropriated additional recurring local option gas tax revenues to capital. That's about $7,000,000 annually, which we also put that in the five-year program. That gives you about $35,000,000 additional to infrastructure in the City of Miami. Further funding needs to be addressed, you know, during the preparation of the City's five-year Capital Improvement Program, and hopefully, as you go from budget year to budget year, you can appropriate more money to CIP. Addressing neighborhood needs. The Customer Service Request System, this is a system that centralizes service requests in one unified system, tracks, you know, resolutions and provides Management reports for evaluation on effectiveness, timeliness and efficiency of the resolution of the complaint. That's fully funded for next year. We also fully funded what we're calling for right now, for lack of a better term, our Citistat Office, which will create performance standards for departments, which we can hold department heads and also operational folks accountable to those performance standards. The Citistat Office will track data to make sure that we are actually meeting our performance goals in all areas of operations of the City. That, I believe, will be the Management tool that we need in order to create greater efficiencies and provide better services to the citizens. Receiving better short-term and long- range forecasting planning models. We have the IT (Information Technology) Strategic Analysis conducted in fiscal year 2001. It's highly recommended that we move to a ERP (Emergency Repair Program) System, and we have funding to do so in this fiscal year. The Administration has identified funding in fiscal '03 for the ERP System, and there follows general 153 September 11, 2002 fund, 4.5, blue ribbon reserves, Police funding and Fire funding. The reason we need to move this is because in two years that's -- our financial system will no longer be supported, so we need to get to a new financial system. There is money in this budget to do so. The budgeting guidelines were established by myself for the departments. The departments were directed to develop goals and objectives consistent with your priorities. There is no increase in personnel or operating budget unless fully supported by a need analysis. Current budget compared to prior year actual expenditure levels for establishment of a baseline budget analysis. We prepared revenue forecasts with input from departments, and refined them with the staff of the Mayor's Office. We held budget workshops with department directors, staff from the Budget Department, staff from the Mayor's Office and my office. We held numerous briefings with the Mayor. We conducted a budget workshop with elected officials on preliminary budgets last month. We also -- something we did after that, we reviewed the forecast with an estimating conference. And the estimating conference consisted of a former City Manager and Dade County Finance Director Edward Marquez, former Assistant City Manager and current Broward County Assistant County Manager Bertha Henry, the Finance Director and the Budget Director to look over each line item, line item by line item, on expense and on revenues, and so you will see in the new five-year program projection, there were differences from what we had in our workshop last month, due to the estimating conference. This is similar to the process that we did while we were under the Financial Oversight Board, and we are continuing that process. Commissioner Sanchez: Mr. Manager. Mr. Gimenez: Yes, sir. Commissioner Sanchez: If I could interrupt you for a minute. The estimating conference, did they have any concerns? Mr. Gimenez: Yes, they did. There is a letter to the Mayor and the Commission about their concerns, but we took care of those concerns in the budget. So when they -- They had some concerns in terms of the health cost projections for future years. That's why you saw the decrease in the surpluses, and you actually see a deficit in year five in our current projections. Commissioner Sanchez: Thank you. Mr. Gimenez: Our proposed millage rate is 8.895. However, we agree with the Mayor's recommendation, and we feel that we can reduce it another .05. I believe that's what the Mayor is recommending, so that the person with a homestead that has been here for over a year will not see an increase, actual increase in any taxes on the operating millage from last year to this year. That will have a decrease of about, I think, 1.6 percent. Our debt service millage as proposed is to be at 1.218. This is what was passed by the voters. We have just floated a $155,000,000 issuance of bond, and this is what we need in order to pay that debt. Solid Waste fee of two - twenty -five is no change. The residential fire fee of $61 is no change, and other taxes or fees, they're going to continue at the current rate. That's what we are recommending. Expenditure increases. You'll see expenditure increases due to COLA (Cost of Living Allowance) and anniversary levels consistent with the union contracts. Like I said, in the workshop, this is probably the year it's going to have the greatest impact. The actuarial requirements for pension 154 September 11, 2002 will be offset with eight point eight million budgeted fund balance rollover from this fiscal year. We also upped the static funding for pensions from seven million to ten million over the five- year projection or the five-year forecast. We have increased health insurance cost. They were partially absorbed through increased premiums for retirees and employee contributions. Some of that was due to the contract negotiations. We have increased property insurance premiums of two point seven million dollars, which apparently we've looked at different cities and counties, and this is not out -- you know, this is not out of sync with what's going on in the industry nationwide, after September 11th. And we have increased workers' compensation costs of one point three million. We also agree with the Mayor that this is one area that we can come up with significant savings through a thorough analysis of Risk Management. Service enhancements. We increased staffing, the second shift to maintain -- in GSA (General Services Administration) to maintain heavy equipment, the One -Armed Bandit trucks, to make sure that they are up and running all the time, and also other heavy equipment. Parks and Recreation, we increased staffing for new Parks programs and new Parks facilities. NET (Neighborhood Enhancement Team), we added new Code Enforcement Inspectors. Police Department, we had to retain approximately 21 officers that were formerly grant funded. Had to put them in the general fund. Later this month, I'll be flying to Washington, D.C., to meet with the COPS (Community Oriented Policing Services) Program, Personnel Department of Justice, to see if we can lower our base and slide that over to -- back to the grants, where I think that's where they belong. In Fire -Rescue Department, we added two new Fire -Rescue units during the last fiscal year. There's funding in this particular budget to maintain those units and service. In Planning and Zoning, we added new staffing to deal with transportation issues. There are two people now that will be solely -- their job will be solely to help us with transportation issues. We have never had this kind of focus on transportation issues in the past in the City. Public Works, there will be much -- they will be focused completely on operations. And also, they've been directed to fill all the vacant positions that they have. So they should have an increase in personnel in the street next year. Grants Office, we consolidated all grants operations to one office. If you weren't aware of it, there used to be grants people in Police, and Fire and different departments. We're taking -- we're consolidating all of that into one office, under one head, to really focus on trying to get much more aggressive in our going after grants, which there are a number of that we could have taken advantage of a number of years ago, and it just slipped through our fingers. We don't plan to have that in the future. In Arts and Entertain Board, we established new positions, a liaison to the Administration for that Board in the next fiscal year. We have budgeted reserves per the financial principles of $5,000,000, and we also have an anticipated surplus at the end of fiscal '03 of $4,800,000. We also created an expense stabilization reserve, which we are going to be using some of the forecasted surplus from this fiscal year that will go into this reserve amount, which will take care of variations or will help the City deal with variations in expenses, which are unforeseen. One of them, which is not entirely true -- it's not unforeseen -- we know that there is an $8,000,000 issue with pensions this year. We'll be using part of the $13,000,000 to fund the increase in the pension cost for this year. It will leave you another -- a balance of $5,000,000 to hopefully deal with that issue in fiscal year '04. We don't know what the cost of pension is going to be until we get the actuarial report from the union and our own actuarial report later on this year. It may be that we need to put more money aside into that reserve to pay for higher -- if it's going to be more than $15,000,000, you're going to have to put some reserves aside in order to make that pension payment for your fiscal year '04. The next is a fund summary of all the funds. The bottom line, the combined proposed budget is $577,000,000. 155 September 11, 2002 That includes the general fund, special revenue and debt service fund. In positions, we are having a decrease of 104 positions citywide from 3,823.25 full-time equivalents to 3,719 full- time equivalents. On our general fund five-year forecast, we're still showing a four point eight million dollar surplus at the end of this year. Last year, we used that -- this fiscal year, we used this surplus when the City Commission directed us to implement the One -Armed Bandit Program and fast-track that. That's what we used this fund balance for. That surplus is -- can be used for a variety of things during the year that the Commission can direct the Administration to use that for a number of things, whatever it is you want. You can move it to CIP, you can move it to -- as Commissioner Teele said, have some money available for studies that you may want to do, et cetera. The out years, because of the -- we increased our assumptions for expenses in the health care field, it fit into our surpluses for year '04, '05, `06 and actually flipped '07 into a negative $7,000,000. Now, you know, I need to say that all five-year forecasts, at least that I remember while I've been here, the fifth year has always been a somewhat negative year. And actually, years '03, '04, '05 sometimes showing a negative. This is a forecasting tool. This is also a tool that will clue in the Administration, and hopefully, the elected officials to say that we've got some issues, you know, in the future that we have to deal with. This is certainly a very manageable situation. You have five yeas to deal with it. One other thing, though, for fiscal year '05, '06 and '07, there are no cost of living adjustments in that forecast. So anything to do or any cost of living adjustments, any other benefit enhancements through the -- that may be given through the collective bargaining that we will be going through in -- starting in April of 2004 will have a negative impact on the bottom line on the five-year forecast. Next is our fund balances. We're estimating that in the beginning of fiscal year 2003, our fund balance is going to be in the vicinity of $98,000,000. One of the things you'll see that's a difference is the expense stabilization reserve, where we put $13,000,000 into that. We know that right off the bat, we're going to be using about $8,000,000 of that. So our fund balance really will be about $90,000,000 at the beginning of fiscal year '03. The outlook, the assessment of future revenue, we have not input increases in tax valuations from the major developments such as Watson Island, anything that happens in Bicentennial Park. I know we are trying to move on the FEC (Florida East Coast) Corridor. We have not made any assumptions with that in terms of increasing revenue. The Design, the Club District and anything to do with the Miami River, those have not been forecasted and those are opportunities for the City. The simplified telecommunications tax that was revised in fiscal year 2002, there are still issues with that particular tax, and we have allocated $8,000,000 into a reserve account, so that if there may be some claims against that tax, we have a reserve amount that will not affect the bottom line in the future. If it turns out that all the issues are resolved, that's $8,000,000 additional that you could use for other purposes. The assessment of future revenues, you need to look at the interlocal funding agreements with DOSP (Department of Off -Street Parking), with MSEA (Miami Sports and Exhibition Authority), DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) and Bayfront Park for opportunities. Considering future expenses, you have the future union negotiations that will start in April of 2004. And like I said, we have no projected total increases in the outer years, in years -- fiscal year '05, '06 or '07. We have the problem of increasing fringe benefit cost, health insurance and there is a possibility of increasing pension obligations due to the market conditions. Normal maintenance is not fully accounted for as of yet, and we do not -- we have not put into the forecast any increased operational cost resulting from the capital projects that we're going to be embarking on. We have some long- term obligations. We have funded a reserve account for some pending litigations, but there is 156 September 11, 2002 also the issue of the accrued employee benefits that has not been fully resolved in terms of fully funding those benefits. I don't believe that we really need to fully fund those benefits. In terms of any reserve account, you should have a percentage of those accrued employee benefits in reserve, in case you have a -- either a lot of people leaving that were not -- we didn't anticipate. But we normally pay as we go on accrued employee benefits. And the infrastructure assessment funding, we know that at least the initial on streets and drainage, we assessed at least $400,000,000. And while we put more money into infrastructure to address this, that's a recurring problem with the City. The Mayor, in his budget proposal, you know, added more money into this particular -- into infrastructure. And if the opportunity, you know, arises, I would also recommend that we put more money into CIP to take care of this particular issue. In conclusion, I think that the proposed budget addresses the priorities established by the elected officials. It provides for increased funding for neighborhood services, infrastructure, efficiency initiatives, while continuing to maintain the combined millage rate at the lowest levels in at least 50 years. That's because that's all the information that we have, goes back 50 years. Continues to fund the reserves at levels previously established. And basically, that's my presentation, and I'm willing to take any questions. Chairman Regalado: OK, thank you. Any questions from members of the Commission? Commissioner Teele: Mr. Chairman, there is sort of a ticklish issue that we ought to -- I'd like to try to get it up front. The first thing that we are mandated to do is the Attorney must read into the record and we act on the millage rate, per se. In other words, there is a language that prevents public officials from lying, and dodging and misleading the public on what we do. So they passed a law that says we've got to read what the millage rate was, what the rollback rate was, et cetera. This is what I think we need to be thinking about, because you've got to read this. For purposes of moving forward, based upon the documentation, I think we should read into the record the proposal that is before us from the Manager. That is for meeting the statutory requirement. You keep reading both. I don't think you should, if you understand, in terms of the way the Charter reads. I would then, once we do that, like to do a straw vote. And I -- if you would allow me, Mr. Chairman, after he reads that. And the straw vote would be to either support, or reject or modify the Mayor's recommendation, so that when we come back in two weeks, the recommendation that will be before us will then be a revised recommendation, which is the Mayor's recommendation. Commissioner Sanchez: Right. Commissioner Teele: But we can't read them both into the record is what I'm -- Chairman Regalado: Yes, you could. Alejandro Vilarello (City Attorney): Mr. Chairman, if I might. At this first public hearing to discuss the proposed millage rate and the tentative budget for the fiscal year 2002/2003, the proposed general operating millage that was advertised in the trim notices to the residents was a rate of 8.895 for the City of Miami for fiscal year beginning October 1, 2002 and ending September 30, 2003, and it's 8.5 percent higher than the rollback rate of 8.1983. That is the notice that's provided to each taxpayer for presentation at this first public meeting. After you 157 September 11, 2002 consider the millage rate, after you consider the budget, you have the right -- the Commission has the right to amend the tentative budget presented, amend the millage rate that's been proposed. In the event that you wish to increase that, of course, there's conditions of the statute, which might require a special notice to the taxpayers. If you decide to reduce the proposed millage rate, you certainly do that by an affirmative vote of the City Commission. At this point, it is properly before you to consider the millage rate and the budget. This would be the tentative millage rate and the tentative budget. Commissioner Sanchez: But just for point of clarification, we could adopt the budget and then two weeks later, amend on the issues that have not been -- Commissioner Teele. Commissioner Teele: That's what I think is the best thing to do -- Commissioner Sanchez: Yeah. Commissioner Teele: -- is to adopt the Manager's recommendation today and then file a resolution of intent to adopt the Mayor's recommendations at the final hearing, and give the Manager time to go back and change all of these numbers. I mean, that would be -- you know, change the tables, change everything, so we're dealing with one document, and try to vet out the differences today that we can between where the Mayor's budget is and where the Manager's budget is. I don't think there's going to be but about four or five issues that I can see. Commissioner Sanchez: One being conservative and the other being a little more aggressive. That's what these two boil down to, I mean. Mr. Gimenez: Mr. Chairman, I said that I could support the Mayor's proposed reductions, so, I mean, that's not a problem. Commissioner Sanchez: Well the -- but, Commissioner Teele, I agree with you. Let's not get them both confused. I think that the issues that are not -- the issues that have not been resolved, you're saying that you agree with some of them, or you agree with all of them? Mr. Gimenez: There are issues that really are not part of the millage. The millage is not an issue that we have any differences on. There are other issues that we do have in terms of amounts of money that are going to go into infrastructure. Again, that's something that we will try to work out in the next two weeks. Commissioner Sanchez: Exactly. But my point here that your presentation and the Mayor's presentation, there are some issues that don't quite -- to do with. Vice Chairman Winton: Not on the millage. Commissioner Sanchez: All right, which is fine. 158 September 11, 2002 Vice Chairman Winton: But not on millage, he's saying. He says they're in agreement on the millage. So we can pass the millage part. And the only thing they have to do then is work out the details on some of the line items of the budget. But the millage -- Commissioner Sanchez: But is there an agreement on the millage going from 8.9 to 8.85? Mr. Vilarello: Assuming there is an agreement on that reduced millage rate -- Commissioner Sanchez: Right. Mr. Vilarello: -- the Appropriations Ordinance that you have before you has to be reconciled with that reduced millage rate. Commissioner Sanchez: OK. Mr. Vilarello: So that can happen today -- Commissioner Sanchez: Or it could be done in two weeks. Commissioner Teele: All of those -- Mr. Vilarello: -- or it could happen in two weeks. Commissioner Teele: And the Ordinance, as we learned in the Oversight Board, is the five years with it. You just aren't passing the budget today. It's that five-year component to this thing that you've got to -- Mr. Gimenez: That will change the five-year, also, forecast. So we -- Commissioner Teele: That's going to change all that. Mr. Gimenez: We've got a lot of work to do once we change that millage. When we change it, it will affect the entire document. So I guess what the Commission wants to do is go ahead and pass at 8.895, but then we'll have the time to do all the work, so that when we come back on the 26th, we can go ahead and reduce the millage, and you'll have all the proper documentation. Commissioner Teele: Yes. I would like to agree with that, with one proviso: And that we pass a resolution of intent to go to the other, and to instruct you tonight to prepare those documents. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Commissioner Gonzalez: Wait a minute. Commissioner Teele: The Attorney read everything into the record. 159 September 11, 2002 Commissioner Gonzalez: I'm kind of confused, because we're talking about two different -- we're talking about two different numbers here on the millage. We're talking about 8.995 -- right? -- and 8.885? Mr. Vilarello: The notice that was provided to the taxpayers is 8.895. I believe the Mayor's proposed millage rate would be 8.85. Commissioner Teele: 8.845? Commissioner Sanchez: No. Commissioner Gonzalez: 8.85. Chairman Regalado: Right? Mr. Vilarello: Is that correct? The Mayor's proposed millage rate would be 8.85. That would be a 7.95 percent increase over the rollback rate versus the 8.895, which is the Manager's rate, which is an eight and a half percent increase over the rollback rate. Commissioner Teele: I would move the Manager's recommendation. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. This is a public hearing. Now we are open for discussion on the millage rate. Anybody from the public who wishes to -- Good afternoon, Don. Don Derez: Good afternoon, Commissioner Regalado. I brought a measuring stick. Mr. Mayor, Commissioners, I want to thank the -- Chairman Regalado: The name. Your name. Mr. Derez: Don Derez, 1852 Southwest 24th Street, Miami, Florida. I want to thank the City Manager and the Mayor for a four point eight million dollar budget surplus. Thank you very much. The reason I'm here is because some of this money may be used for my present concerns, and that is that the City's sidewalk access for residents with disabilities or those citizens with wheelchair -- who are wheelchair bound. About twelve years ago, I witnessed the construction of three-story high super poles installed by FPL (Florida Power and Light) on Southwest 24th Terrace, in a residential area. The City staff at the time advised me to call the County, because they were built right on the sidewalk. And I called a Mr. Pete Hernandez of Miami -Dade County Public Works Department, who replied in a flippant and arrogant non -answer. But quite recently, I noted quite a substantial decrease in available sidewalk space that has taken place within the City. What brought this to my attention was just a couple weeks ago, on Southwest 19th Avenue, on a residential side street, The Miami Herald or El Miami Herald has placed a permitted newspaper box or a news rack box on Southwest 19th Avenue, adjacent to the south 160 September 11, 2002 side of Coral Way. They put the news rack box right on the sidewalk, taking up sidewalk space. Other incidents of this are the recent street lights on Coral Way that have been installed, beautiful looking street lights, but they're either -- some of them are off the sidewalk and some have taken spaces right on the sidewalk, taking up the space of the sidewalk for pedestrian use, specifically that people with wheelchairs might need. The recent bus benches, with their billboard signs, and their billboard signs, some of them are 90 degrees right into the sidewalk space, not allowing any trespass by a -- not only a pedestrian, but a person who is in a wheelchair, who is disabled, who has more problems than I can -- we -- any of us can even imagine. So with all these new structures that are being put into place, did the City consider the needs of these people with disabilities, with the Coral Way Beautification Project, the recent bus bench billboard contract, the City permitted newsstands, and, of course, these FPL super poles? Chairman Regalado: Don -- Mr. Derez: I did a quick internet search, and I noticed that -- Chairman Regalado: Don. Mr. Derez: I don't know what the City requires. Yes. Chairman Regalado: If I may. Mr. Derez: Thank you. Chairman Regalado: Just a few minutes ago, just for your information, the City Commission approved my motion of asking Ms. Haydee Johnson Wright, which is a newcomer to the City of Miami, a new resident in the Shenandoah area. She is an expert on disability. She worked for the City of Miami Beach regarding compliance with ADA (Americans with Disabilities Act). Also, she administered an ADA Office in the State of Ohio Department of Commerce. And the City Commission has asked her, and she's willing to do as a volunteer work that she would counsel the City and give us ideas on compliance. And one of the things that she's going to do is what you said, you know, the Coral Way Corridor and all the areas, the new sidewalks that are being built that have to be, the curbs and the sidewalks, ADA, with ADA compliance. Mr. Derez: Thank you, Commissioner. I appreciate that. I'm sorry I missed that. I was probably at work, and I apologize. I'll finish. I think these for-profit companies, they should pay out of their own pocket for any concrete pads or whatever that they need to build on a right- of-way, if available. Otherwise, they've got -- we have -- they have a problem. Do you know, Commissioner, or was it brought up earlier what the minimum width of a sidewalk is required by a City for -- that's necessary so that a person with, you know, a wheelchair, with disabilities can access? Was that mentioned? Chairman Regalado: Yeah. Mr. Derez: I mean, I don't know. What is the minimum width of a sidewalk that the City should have available for a person with -- 161 September 11, 2002 Commissioner Sanchez: Public Works. Mr. Derez: Yeah. Chairman Regalado: For ADA compliance. Mr. Derez: Please. Because Massachusetts requires 1.725 meters, which amounts to about over five and a half feet. That's pretty -- That's why I brought the ruler. Chairman Regalado: We -- he's going to give you an answer, but we are talking on the millage rate, Don. Mr. Derez: Yes. Yes, sir. And -- Chairman Regalado: And we need to move on. Mr. Derez: Of course, sir. And the reason I bring this up at this time, it's an opportunity for the public to speak, and with this surplus of four point eight million dollars -- and I started my little talk with that -- in that you might need that surplus, because the people with disabilities, they're going to bring a lawsuit about what's happening here within the City. I mean, it's -- what's happening is just rampant these past couple -- in this past year. Chairman Regalado: Can you respond to him? John Jackson: Yes. John Jackson, Director of Public Works. Minimum width is 30 inches clearance for a wheelchair. But, you know, we're holding back 36 inches in most places. Mr. Derez: So less than three feet is required by the ADA? Mr. Jackson: Yes, sir. Mr. Derez: Thank you very much. Chairman Regalado: OK. Thank you very much. On the millage. Commissioner Sanchez: Don, what do you think about the millage? Thumbs up or thumbs down? Mr. Derez: Commissioner, I'm very happy with the surplus. Commissioner Sanchez: Thank you very much. Have a good day. Mr. Derez: (UNINTELLIGIBLE) and thank you, gentlemen and ladies for doing an excellent job. And thank you, Mr. Mayor, for trying to get AT&T (American Telephone and Telegraph) to lower their cable rate. 162 September 11, 2002 Commissioner Sanchez: Any other plugs? Chairman Regalado: On the millage. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street in the City of Miami. And I come here as a taxpayer. I don't come here as a Cuban -American or anything. When I come here, I am a taxpayer, and that's the main thing here. And remember, as a preamble, you look at the Declaration of Independence that many people have forgotten to read, this country is formed -- was founded on taxation and representation. Sending officers, you know, here to harass our people and all that, that's it. But many people have forgotten that. And public servants have -- I don't complain about my taxes. I don't come here to complain about the millage. I find it OK. What I am going to complain is the use of fees, so-called fees that was started when the financial crisis, and now they do. And, you know, when you look at your taxes, they don't tell you that those fees are not deductible from your federal taxes. The day they audit somebody and they say, so I deduct this, the 225 and $61, that itemizing, they will be for a surprise, because the fees are not deductible. Property taxes, yes. So it's a federal shell game where you say, oh, yeah, we'll reduce the millage. Yeah, but you got fees there. Why don't put fee -- that millage to the ten, right? And still, if I pay to the ten, without counting debt service, I still will be paying less money than with the fees. But that is because the fees -- To whoever owns a $2,000,000 mansion, the garbage fee is nothing. But whoever owns a little shack, that fee is discriminatory, because it's not the same fee for a $2,000,000 household to pay 225 than for somebody in Allapattah to pay 225. That house would pay a lot more money in property taxes, yes, but not in the garbage. So there should be right to limit ten number property tax, that will be all deductible. The main thing that I'm going to complain -- like I say, I don't complain about my taxes. I complain about the delivery of service. In a way, I am lecturing you, because you are here, but -- I seen Commissioner Gonzalez in the neighborhood, in the district at all times. But one thing we get that not too long ago, you vote to allow the people to still sell on the street, fruit on the street. But the other day, I saw Officer Marana harassing one of the salesmen on 17th Avenue. Yeah. For a police officer that makes 40, $50,000 a year, plus off-duty, plus a police car to take home, you know, they are -- they are out of touch with the reality of the people in the neighborhood, the poor people. What do they want them, to sell dope? You know, that's wrong. If we -- if they pay a City license and that, they shouldn't be harassed by the police. And anyway, there was a meeting of the Chief of Police, with the NET Commanders to police to dedicate only to police work, not to do zoning work. Commissioner Sanchez: Mr. Cruz -- Mr. Cruz: The zoning work should be left -- Commissioner Sanchez: Mr. Cruz -- Mr. Cruz: -- to the NET Administrators, to the inspector of the NET, not to the police. Commissioner Sanchez: Mr. Cruz, Mr. Cruz. 163 September 11, 2002 Mr. Cruz: Yes. Commissioner Sanchez: Mr. Cruz, over here. Mr. Cruz: Yes. Commissioner Sanchez: Are you OK with the 8.995 for now? Mr. Cruz: No. Commissioner Sanchez: Thank you very much. Mr. Cruz: I do not complain about my taxes. I know they are a necessary evil. What I complain is the delivery of service, especially here now, we talk -- I hear a lot of complaints of the employees. They are afraid to be here. They should be here today, some of the part-timers. But they're afraid of being fired, because you got part-timers that have got eight years, nine years, part-timers and they don't get to be promoted to civil service in a way to earn a decent living, have medical insurance and paid holidays. Chairman Regalado: Mariano, Mariano, just let me tell you, for your information, there are 71 employees in the City of Miami who make minimum wage, 71. Most of them are school crossing guards and Parks Department people. They're all part-timers. I have consulted with the Mayor, and he told me that he agrees, and in September 26, I will be bringing to the Commission a Living Wage Ordinance to raise to those employees and to the companies that do business with the City of Miami the hourly pay that they get. So I think that by doing this, we're helping those people who do live in the City of Miami, but just for your information. Mr. Cruz: Well, that's good, because I've been -- they did that years ago when James Lee was made from a part-timer, making four -fifty an hour to a recreation specialist, because the guy was going to live at four -fifty an hour, he couldn't pay his bills, you know. You don't pay bills, you don't go to Publix or Sedano's with four -fifty an hour to buy something, you know? You need money. You don't pay your bill with dedication for a vocation. But one more thing. The Dominican -- Commissioner Teele: (INAUDIBLE) Mr. Cruz: No. The Dominican community, they're complaining a lot that many of the people have gone and applied for jobs, and they've been given the run-around, like at Duarte Park, Duarte Park, the Dominican park, this is only one people of Dominican descent working. They want to see more, because they pay a lot of taxes in Allapattah, Dominican people. You got all kind of professional license, business, property taxes and the whole thing. And they are being ignored. They say when they go to apply at the Human Resources, they ignore them in a way. They give them the runaround. They get for interview, and the job is taken already. I want something to be done in that, and I'm saying in public, because the people talk to me when I drink coffee there, out there on the street, on 17th Avenue, on 20th Street, because I am on the street every day. And that's me. Come down sometimes from the ivory towers and go there to 164 September 11, 2002 the City. You remember, there was a lot of people that was sitting in that Commission that took care of the people in Central America and South America, and then later on, they were not sitting in the Commission, because the people took care of them. So, remember, it's good to have the grandiose plans, but you have to take care of the quality of life of the people in the neighborhood. Maybe the next meeting, I will have something to add, to see -- Chairman Regalado: Thank you. Mr. Cruz: -- if that's becoming true to happen there, because, see, like me, I have Blue Cross/Blue Shield, Veteran's Affairs Administration Hospital. I got the Department of Labor for me, and I don't even get sick. I got three, three plans. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: With all due respect, Mr. Chairman, this is a budget hearing now on the millage rate, and, you know, we're not in the chambers, and we don't have a timer. We -- you know, we're going to lose our focus, I'm afraid, in terms of the serious matter that we've got to deal with, Mr. Chairman, on the millage rate. There's going to be ample opportunity for the discussion about the coffee, and harassment by -- You know, but I really would urge the order of the day, so that we can at least hear from everybody on the millage rate, because there are people that may want to be heard. Then when we get to the open issues, you know, like a whole series of things, we're going to have that opportunity. But if we don't -- Chairman Regalado: Well, we'll do that. We'll do that. Mr. Cruz: That's all right. That's OK. That's OK. I'll go to your office. Chairman Regalado: You know, we try always to accommodate everyone, because not too many people come to -- Mr. Cruz: Right. Chairman Regalado: -- these hearings, and unfortunately, they don't. And as a matter of fact, this is their hearing. This is their chance, their only chance in the year to say something about the budget process. So let's talk about the millage. Let's limit the thing, Mariano. Mr. Cruz: I want the millage to be ten, right to the top, but eliminate the fees. OK? Chairman Regalado: OK. Commissioner Teele: That's a good point, now. Commissioner Sanchez: Hey, that's the smartest thing you've said all day. 165 September 11, 2002 Commissioner Teele: That's the best point you made. Commissioner Sanchez: That's the best point you've made all day. Justino Celorio: Gentlemen, I will be awfully short. Chairman Regalado: Could you speak on the mike. Just lower -- exactly. Mr. Celorio: OK. I been -- I came here -- Chairman Regalado: Can you say the name, please, and address? Mr. Celorio: Can you hear me? Chairman Regalado: Yes. Mr. Celorio: -- with the idea of complaining. Chairman Regalado: Your name. We do need your name for the record, and the address. Mr. Celorio: Oh. My name is Justino Celorio. I live at 2746 Southwest 11th Street, Miami. I couldn't help but make a couple of observations on -- I came in here because the meeting was announced at 5:05. And yet, all the time passed, and nobody addressed us that if there was a reason to be late, or the reasons for the meeting, or what we were doing here. I came here to complain about the assessed fire tax that you want -- to me, you want to kill the City. But I know I heard a beautiful phrase in here tonight from the Mayor, and he says he wanted to be -- build a world class City. What a beautiful words. But let me tell you, I live here since 1962. I have my home there. My taxes were at that time, at that time, $338. And I have not had any improvement in our street, or anything like that since then, and I pay close to three thousand. The house has grown up a little bit since that time, I must say that. But I wonder, where is the limit? I have a property in 1450 Southwest -- I represent -- it's a non-profit organization owns it. And they want for just that property 661 for the fire tax that we did not pay. Now we have -- I hope that some of the citizens survive your -- Mr. Mayor, that some of the citizens survive your great idea of the world class City. Commissioner Sanchez: Sir, sir, sir, 600 and what for a house? Mr. Celorio: No, this is not a house. Commissioner Sanchez: It has to be apartments. Chairman Regalado: It's a building. Commissioner Sanchez: A building. 166 September 11, 2002 Mr. Celorio: A building. But 600 in that? We have never paid any. Now, we pay another thing on the taxes for fire service. And let me tell you, I hope I get to see that great City that you're going to build, but I think you're going to build it on the back of a lot of -- a lot of pain and suffering, because now, we are harassing our streets. I live in 11th Street. Nobody ever had any problem. Now, if a car is not parked facing this way, if you come in this way, you have to be sure to turn around, because it's $47. By the next day, it's something -- A lady came, and in less than a block, raised $750 off retired folks. My golly, we are being harassed. The dumps that I use, because I was a builder -- I am retired now, and I still use those dumps. It cost me $240. Now, they are $550 for everything that we try to do, and not only before, the people that did business with us, inspectors and that, were to help us to get a good building, and they come and harass us now like if they were the owners of the City. I don't know what you all have done, but let me tell you, I love the old Miami, and I am getting to dislike this one so much better. And you -- and it seems like when we get together, these people must be genius. This thing -- We have been in here since 5. That thing is not for us to read. It's like for you gentlemen to read, and if they can perceive the numbers, and they have the ability to perceive the numbers that you talk about, astronomical, astronomical numbers, and they can perceive it, and they can give an opinion, I tell you, I desire good luck, and this will be my last presentation on the City, because I never have seen a resolution when I came to a hearing that it really was successful in any way, so, gentlemen, the City is yours. God bless America, and we're going to see how long we can support it. Thank you. Chairman Regalado: Thank you. Thank you, sir. Andres Mesa (as translated by Spanish interpreter Manuel Matienzo): My name is Andres Mesa. I live in 2270 22nd -- 33rd Street. I first of all wanted to address the Mayor to wish him a good afternoon, the Commissioners and all the other residents who are present at this hearing. My appearance here is to address the following: I received this document where it is indicated that the Fire Department fee or whatever is going to be continued as it was four years ago. How long are we going to continue paying this? Because it was said to be a temporary charge, and now, it's been four years since, and it continues to be. I'm in accord with paying taxes, but not giving away my money, because if you knew how much a fireman makes, because the laborer is a dignified owner of his salary, but not to give it away. And after 36 hours of work, I understand that anything above that is supposed to be overtime, when I really don't earn it, and neither do many who are making an appearance here. I want you to keep in mind this, and to determine until how much longer. Remember the spark that lit the independence struggle in this country and where it began, which you should know, and you could tell me. In Boston, because of the excess tea tax, which was then a penny, but -- and gave rise to the struggle for independence of the country. Excessive taxation is bad. I'm in accord with paying it, but in not having the money thrown away. Good afternoon, and thank you for the opportunity to express my thoughts. But I wish you would indicate how long this firemen's fee or Fire Department fee is going to last. Thank you very much. Chairman Regalado: Thank you. Thank you very much. Anybody else from the public on the millage rate? Yes, sir. 167 September 11, 2002 Cary Johnson: My name is Cary Johnson. My address is 115 Northwest 70th Street. I own a commercial property in the inner City and in Haiti, Little Haiti. And, you know, the property value there is not going up. Not only that, but I have quite -- you know, property that right next door, the drug dealers are selling drugs. I've been trying to get them out for eight months. I can't rent my property out, but yet the millage rate is going up, which is increasing my taxes. I want to know, you know, where do I supposed to get the money from to pay these taxes? Commissioner Sanchez: Sir, your millage rate is going down, not up. Mr. Johnson: I think you're proposing -- what? -- 8.89? Commissioner Sanchez: And it's lower than what it was next [sic] year. And hopefully, when we amend this two weeks from today, it'll be even lower. Mr. Johnson: Because every time I get my, you know, my tax bill, it's always going up. Commissioner Sanchez: That's the County. Mr. Johnson: I know somebody is raising it and -- Commissioner Sanchez: It's the County. That's another form of government that you're not content with, and I'm not content with and I don't think this Commission is content with, either. Mr. Johnson: OK. Well, I still want to know why I can't get services in the City of Miami. My property is in the City of Miami. Commissioner Sanchez: Well, that's another issue that we need to address. But this is a budget issue. I could -- We could have you sit down with the Chief of Police. I mean that's a law enforcement issue. Mr. Johnson: Well, I've already called his office, and nothing happened. Commissioner Sanchez: Well, sir -- Mr. Johnson: What's your address? Commissioner Sanchez: See, you're here now. Where is the Chief? Commissioner Teele: I'd really like to hear just a little bit more from the gentleman. What are the services that you're complaining about? Did you say that -- Mr. Johnson: I'm complaining of police service. Commissioner Sanchez: Police service. Mr. Johnson: OK? Directly because -- 168 September 11, 2002 Commissioner Teele: Police services? Mr. Johnson: Right. Because over eight months, I've had drug dealers operating right next door to my property, and I've been trying to get them out. I've called the Police Chief and everybody else. And I can't even rent my property out, because they're still there, and my property is empty. And, like I said, you know, I'm paying more taxes, and more fire fees and everything else every year. Commissioner Teele: What NET area are you in? What's your address again? Mr. Johnson: I'm right off of 79th Street. Vice Chairman Winton: What's your address again? Commissioner Teele: Is it Little Haiti? Mr. Johnson: 115 Northwest 70th Street. Commissioner Sanchez: Yeah, it's Little Haiti. Commissioner Teele: It's Little Haiti. I thought that -- Mr. Johnson: Yeah. Commissioner Teele: You were here the other year, weren't you? Mr. Johnson: Yeah, I was here last year, yeah. Commissioner Teele: Yeah. OK. Mr. Johnson: About the fire fee which just keep going up. And like I say, I can't keep raising my prices on rental, because it's not -- in the inner City and in Little Haiti. Commissioner Teele: Have you met with Commander McQueen? Mr. Johnson: McQueen. I speak to him all the time. Commissioner Teele: So you and he -- Mr. Johnson: And he hasn't done anything. I go to his office. I make out complaints every week. I made out over 50 complaints in his office. Commissioner Teele: If I could, may I have a meeting with you at the end of this month, after the budget hearing ends? 169 September 11, 2002 Mr. Johnson: That's fine. No problem. Commissioner Teele: And let me assure you that we'll -- I'd like to walk the area with you and see if there is some way we can get better response. Mr. Johnson: Well, that's what I need. Commissioner Teele: Because you have a legitimate gripe to be here. You have a legitimate gripe. Mr. Johnson: Well -- Commissioner Teele: We're talking about the taxes. You're here to say: If you're going to charge me these taxes, I want services. Mr. Johnson: Exactly. Commissioner Teele: And you're 100 percent right. Mr. Johnson: That at least I need, you know, services to get my property rented, so then I can pay these taxes, and pay these fire fees that I'm getting charged every year, you know? Commissioner Teele: Through the Manager, Major Longueira, can you work with us on that and try to -- please? OK. Thank you. Chairman Regalado: See, the thing here -- Commissioner Sanchez: Thank you, sir. Mr. Johnson: All right. Thank you. Chairman Regalado: -- the thing here is that this is a public hearing, and although -- Mr. Johnson: Thank you. Chairman Regalado: -- I have to confess, I don't have the ability to limit this to the millage rate, because it's too technical. And people want to vent, and that's the thing. We just have to -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: -- we just have to hear what they have to say, because this is the golden chance that they have to do it. Commissioner Gonzalez. Commissioner Gonzalez: I agree with you, there is no way that -- we have to put a limit to the time that a person can talk, because otherwise, the meeting will be too extensive. Sorry. But the problem is that -- I don't know if you remember many, many, many moons ago, we had a 170 September 11, 2002 meeting, one of the meetings we discussed about taxes, where there was a conversation about taxes and/or a discussion about taxes and services. And I said at that time that people don't mind paying taxes, but they want to have services. People don't mind paying taxes, but they want to see their streets fixed. They want to see their sidewalks. They want to see good police service. They want to see -- they want to see services. And that is the main complaint that the public has out there, because they've been, for years, and years, and years, they've been paying taxes. And when the City had a financial difficulty, a fire fee was imposed on them. Additional charges were imposed on them, and they took it, and they accepted it, and the City came out of the hole, thanks to the sacrifice of many City employees that also were willing to contribute, the unions who were willing to contribute. But the public, and the residents and the taxpayers out there were the ones that carried the heaviest burden in order to help the City recuperate. When the fire fee -- and I have to agree with the gentleman. When the fire fee was imposed, it was imposed, supposedly, because the Fire Department had many, many needs on equipment. They needed their equipment updated in order to provide better service. And we agreed that we needed the money, and we agreed that we needed to provide this equipment, because if they don't have the equipment, they can do -- they can give exactly what they're claiming. They can give service. Commissioner Teele: And it was limited to capital. Commissioner Gonzalez: And it was limited to capital. OK? And, let me tell you, it's so -- If one organization I do support, and I have said it over, and over and over again, it's the Fire Department, is Fire -Rescue, because we complain, we complain about how much it's costing us. But when we have a heart attack, or when we have our mother dying in our hands, when we have a child, a son or a daughter that has an accident, and we want that problem taken care of right away, it's 9-1-1 and it's Fire -Rescue, the one that show up in three minutes -- OK? -- and in many, many, many instances saves lives. So -- but, in fact, you know, something needs to be done about fees, because, like Mariano says, you know, taxes, you can deduct on your income tax. Fees, you can't, and that's what you hear, and that's why it's so important. But they also have to realize that, you know, it's a new beginning, it's a new Miami, you know, and the Mayor has a commitment, and we have a commitment to change the City of Miami, and that's why it's so important what we're going to start doing now that it is improving the infrastructure of the City. Once our taxpayers see that we start to do sidewalks and streets in Little Haiti, in Little Havana, in Allapattah, in Shenandoah, in the Grove, in downtown, and they start seeing movement, the -- you know, the complaints are going to start going down, because they're going to say, wait a minute. You know, I'm paying taxes. I know I'm doing sacrifices, but now, I have better streets, I have sidewalks, I have lighting, I have more police service, I have -- you know. But that's the complaint. That's the basic complaint that we hear outside, day after day, and that we hear on the radio programs, and we hear -- you know, everywhere we move, it's the same kind of complaint, and they have to understand that the City of Miami is lowering taxes. We are, at the present time, we are lowering taxes. If you have a complaint and you have a problem with taxes, we all do, but it's not our problem. It's Miami -Dade County. Whatever we're given with this hand here, the County is taking over with this hand, so it's a constant battle. We -- as much - - I don't care how much we try to do here for our people, the County is taking over, so, you know, the same thing that you're doing here, and we appreciate it, to hear your concerns and to hear your complaints, but that is something that you need to go and do at the County chambers, 171 September 11, 2002 because each one of you have a County Commissioner. Go out there and tell them. Tell them, the City is lowering my taxes. Why are you raising my taxes? Thank you. Chairman Regalado: Thank you. Go ahead, sir. Jose Gonzalez: Good evening. My name is Jose Gonzalez. I live at 1100 Southwest 10th Street. I came because, the same as this gentleman, I received a letter about the fee of the Fire Department. I was not aware that it was an opinion on the budget, of the City budget. If the millage go down, fine. On the fee, I got the same questions, the same complaints. We have a Fire Department, that as the gentlemen and the Commissioner says, when we need it, good. Let's make a rescue. Let's make a paramedic rescue. But what has the Fire Department done when we have a real fire? The Miami Arena was a fiasco. Water 300 feet away, an helicopter that ran out of gas, and then didn't put it out, the fire, and then, to add insult to injury, the next day, I believe, Captain Fernandez or Hernandez appeared on TV showing the difficulty factors that they have encountered to get up there to put out the fire, where our simple and humble construction workers have to do that on a daily basis. I propose to the Fire Department, in order to do an academy to go into construction sites to put them to work on a construction work site one month -- one week a month, so they know all the hassles that they have to encounter when they go to a construction fire. The fee. The budget is going down. Congratulations. But remember, like when you're start in life, it's not what you make, it's what you spend. Spend it wisely. That advice was given to me when I was a kid. It's not what you make. It's what you spend. You have the ability, you have the sources to impose on the citizens anything -- almost anything of what you want. Listen, spend it wisely. When you have a business, you cannot just raise salaries, and raise pensions, and pay benefits. You have to balance your books, and you do your projection before you do that, because we have a business. We have a business like the City, that can pull money out whenever you want. There is a point that you have to apply a simple solution. Let's spend wisely and let's try to spend less of what we make, and to those people that work and receive those -- because you talk that you have 71 employees on minimum wage. Well, I believe that you have more than 200 City employees making more than the Governor of Florida, and that's not fair. And, Mr. Sanchez -- you are Mr. Sanchez? You, sir? I remember you blasting on TV about a world class City and having a world class stadium. About eight months ago, sir, I was listening to a program on NPR, and you are a Commissioner, and you have the ability to find out. There is not a single sport arena in the States that has given any City an economic impact. It's the City. We have sun, we have sand, we have 32,000,000 or less of passengers that come through the Miami International Airport and they don't come here to see baseball. They come here because it's Miami. We are a hub. Let's treat it like such. We need open spaces and we need take care of the City. Why the City of Coral Gables has better service than us? Why the City of Hialeah is improving so much? Why we cannot do better than them? You better think about that whenever you propose a stadium again. Thank you very much. Chairman Regalado: Thank you, sir. Thank you. Anybody else from the public who wishes to address the Commission on the millage rate and other things? Commissioner Teele: Call the question. 172 September 11, 2002 Chairman Regalado: OK. Being none, I am closing the public hearing on this item, the millage rate. We have a motion and a second on the millage rate. All in favor, say -- Commissioner Teele: It's an ordinance. Commissioner Sanchez: It's an ordinance. Chairman Regalado: Oh, I'm sorry, it's an ordinance. Roll call. An Ordinance entitled — 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 FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman. Chairman Regalado: Commissioner Teele wanted a straw vote. Commissioner Teele: I would move that the Commission endorse the Mayor's recommendations as contained in his budget, and request that the Manager amend the ordinance adoption on first reading to conform with the millage and the background materials of the five-year plan, based upon the Mayor's recommendations, and if there are disagreements, that an alternate be submitted by the Manager. But the baseline will then be the Mayor's recommendation. I would so move. Chairman Regalado: We have a motion. Do we have a second? Vice Chairman Winton: Second. 173 September 11, 2002 Chairman Regalado: We have a second. Any comments from -- Commissioner Teele: I'd like to hear from the Manager, to make sure that -- Mr. Gimenez: In terms of the millage, there's no issue. Commissioner Teele: It's the rest of the budget that flows from that. Mr. Gimenez: Not really, in terms of what the -- The differences are not with the millage, and they're very small differences, and I think we can get those things worked out. Commissioner Teele: Later on this afternoon. Mr. Gimenez: Yes, sir. Commissioner Sanchez: Fine. Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I'm not prepared to have them be put out on the table now, but I think that if they could be worked out, they need to be worked out. If not, then they're going to have to come out here to the policymakers to decide what we're going to do, because basically, I'm going to tell you where I'm at, at this. Three years ago, we were in a $68,000,000 deficit. All right? And, yeah, the taxpayers of Miami had to swallow that giant pill, and some of them are out here today, complaining. I guarantee you, there'd be more people out here complaining, but they're out there working and with their families. Today, this City, at the end with this budget may have close to ninety plus million dollars in reserve. All right? So what I get here is conservative versus aggressive. I'm all for it. I'm all for it. And, first of all, the concept that was put in front of us with the Mayor's plan, one -- let me just find the issues where I wanted to talk. Tax relief for the citizens, the residents of Miami. I'm all for that, OK? But I want to be assured as a Commissioner that along the way, we're able to put our scope out of the water and see into the future, to make sure that, one, the growth rate, pensions, Risk Management, which continues to be a problem -- we're addressing it, but it continues to be a problem. I've been tackling that issue for four years, Mr. Teele. Isn't that right? Commissioner Teele: That's right. Commissioner Sanchez: Four years. Long-term liability, I want to make sure that we have money set aside for long-term liability. I want to make sure that accrued compensation, and absent, and holiday, we have -- it's never going to happen, but if today, every employee in the City of Miami said, I'm gone, see you, retired, adios, going out to the Bahamas, going out to Alabama, North Carolina, where most about everybody goes now to, that's fifty$53,000,000 that the City has got to come out with. That's five million every year that we're going to have come - - so those are things in the long term that I have great concern, but I think that we need to be cautious on this issue. I'm all for reducing tax and putting those ninety -some million dollars -- 174 September 11, 2002 I'm not saying all of it, but I'm glad to see that instead of being a piggy bank, we're going to take a little bit of that money and put it out into capital improvements. You look at the streets and drainage assessment, which is close to -- If we wanted to do all our streets and drainage in our City, it's $400,000,000. Well, here we are today, where we have a ninety plus million dollar reserve, and we still have streets in Little Haiti that look like a third world country. We still have streets in Allapattah that look like a third world country. We still have areas in Commissioner -- Vice Chairman Winton: We have streets in downtown Miami that look like a third world country. Commissioner Sanchez: Johnny, I was going to get to that. I -- But we have still -- have areas in Commissioner Regalado's area that, hell, you need a canoe or an inner tube to get, you know, get around, or you need something to float on to get around. But these are the things that we need to do. Ninety million dollars, that's 70 percent of a $133,000,000 budget that we have. That's 70 percent that we have set aside. So these are things that I'm prepared to do -- If, somehow, or when it comes back in two -- I'm in agreement. Mr. City Manager, I'm basically telling you where I'm heading. I'm giving you my directions as a policymaker here. But I want to be very, very conservative. I want to make sure that we don't put the City in jeopardy, where three or four years down the line, we might end up in a situation that we might all regret. In focusing on the budget that we're voting on right now, I just have one thing that I have to say. On the Orange Bowl budget, which is one point six million dollars -- and it's my fault. I should have brought that out when we had numerous meetings. But I'm very concerned with public facilities. We have nine public facilities in our City. We have all the marinas, the James L. Knight Center, the Orange Bowl, which I'm glad to see that we're putting money into and we got $16,000,000 of bond money that will go into it. And I'll tell you another issue, and this is directly to you, Mr. Mayor. We need to put the City of Miami [sic] in their spot and put fire to their feet, because they owe us four hundred and seventy -some thousand dollars. Commissioner Teele: Who? Commissioner Sanchez: The University of Miami. And that's money that could be well used for whatever it may be. The Artime Center, which is right here, and of course, the Coconut Grove Expo Center, all those markets -- you're talking about nine facilities. We're only putting $50,000 to advertise. That, I'm sorry, I didn't pick up on, and I'm just putting it on the record now that we voted on it. And I think that along the way, we could find, through the good harmonies that we have in this Commission, we could find ways to promote and maybe put a little bit more money into revenue in those areas to improve them. And that's where I'm at on the issue. But above all, we've got to have compliance with the Financial Integrity Ordinance. And those are the concerns that I have with the budget. Thank you very much. Chairman Regalado: OK. We have a motion and a second on supporting the Mayor's millage proposal. This is part of the budget process. Madam City Clerk, roll call, please. Commissioner Teele: No, mine was not a straw. It was a resolution requesting that the Manager conform the budget and produce the budget in two weeks to conform with the Mayor's recommendation related to the millage rate, and further, for them to work on the other issues. 175 September 11, 2002 Commissioner Sanchez: On the pending issues. Commissioner Teele: Although I do think, with all due respect, the Manager is going to need some direction, and the Mayor is going to need some discussion on some of these issues tonight, at least the open issues. Chairman Regalado: But this is not a straw vote. This is the mandate of the City Commission. OK. Roll call. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1019 A MOTION TO ENDORSE THE MAYOR'S RECOMMENDATIONS, AS CONTAINED IN HIS BUDGET PRESENTATION; FURTHER REQUESTING THE MANAGER TO AMEND THE BUDGET MILLAGE ORDINANCE, ADOPTED ON FIRST READING, TO CONFORM WITH THE MILLAGE AND THE BACKGROUND MATERIALS OF THE FIVE-YEAR PLAN, BASED UPON THE MAYOR'S RECOMMENDATIONS, AND IF THERE ARE DISAGREEMENTS, THAT AN ALTERNATE BE SUBMITTED BY THE MANAGER AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002, BUT THE BASELINE WILL THEN BE THE MAYOR'S RECOMMENDATION. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: OK. Five to zero. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Kind of as a companion to this, it's more of a procedural piece that both the Manager and the Mayor have agreed to, but they would like the following motion to be 176 September 11, 2002 considered. The Department of Finance is directed to create two new expense accounts in the general ledger of the general fund of the City, reflecting: One, the appropriation optional gas tax to the Capital Improvement Fund; and, two, the appropriation of storm water utility fees to the Capital Improvement Fund, and as directed, reflect as revenues of the general fund all optional gas tax and storm water utility fees contributed to the Capital Improvement Fund or retained for general fund operation. And the Department of Management and Budget is directed to reflect in its records the details of the Commission's appropriation of storm water utility fees and optional gas tax. So move. Commissioner Teele: Second the motion. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1020 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE TWO NEW EXPENSE ACCOUNTS OF THE GENERAL FUND OF THE CITY DENOTING (1) THE APPROPRIATION OF OPTIONAL GAS TAX REVENUES TO THE CAPITAL IMPROVEMENTS PROGRAM, AND (2) THE APPROPRIATION OF STORM WATER UTILITY FEES TO THE CAPITAL IMPROVEMENTS PROGRAM; FURTHER DIRECTING THAT ALL OPTIONAL GAS TAX AND STORM WATER UTILITY FEES REVENUES CONTRIBUTED TO THE CAPITAL IMPROVEMENTS PROGRAM OR RETAINED FOR GENERAL FUND OPERATIONS ARE REFLECTED AS REVENUES OF THE GENERAL FUND; FURTHER DIRECTING THE CITY MANAGER TO REFLECT SAID APPROPRIATIONS IN THE BUDGET AND PUBLIC RECORDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 177 September 11, 2002 Chairman Regalado: It passes. OK. (UNINTELLIGIBLE COMMENT) Commissioner Teele: Did you have another reso? Vice Chairman Winton: Nope. Chairman Regalado: I have something that I think it's only fitting that we do it, if we can here. And the Mayor mentioned the infrastructure, the CIP. The Manager is also working very hard. All the members of the Commission, all the members of the Commission want this program to go forward, to move forward. There is one component to it that it's important, although if we don't do the streets, this component is not needed. But when we do, and when we start doing it, we do need some kind of sign to tell the people about the work that is being done, to tell the people that this is their bond money, to tell the people that this is their mandate to the Mayor and the City Commission, and the Manager to build the streets, to make new curbs, to fix the sidewalks, to repair the potholes. And we do need in every district and Citywide signs that should be done quickly, and nice, as an informational piece, and in different languages, to mirror the City of Miami. That's why I hope -- and I spoke to the Manager that we can get funding for a position that is already on the books and it's the planning signs to fund this for GSA, so we can get the Manager to start doing all these signs. This position has -- it's -- as I said, it used to be funded several years ago, and this is what this position did, signs, signs and all that. We are going to need this. And it's -- my understanding is $45,000 additional to GSA, so we can fund this position. Vice Chairman Winton: Mr. Chairman, I don't -- I'm not comfortable with this idea at all. I think directing the City Manager to make sure we have signage on every single job out there that describes that this is part of the bond issue is something that we have to do. You know, telling the Manager now that we've got to go hire a new position -- I mean, I don't know if a new -- I'm not sure -- Chairman Regalado: Because, you know -- Vice Chairman Winton: -- hiring a new position is what we want to do. Chairman Regalado: Johnny, no, let me explain. The reason is that -- Vice Chairman Winton: I don't think we should be involved in that. Chairman Regalado: You have heard my concerns throughout the last year or so about the signs. And the reason is that I try to find out. And it so happens that now, we need to go out and hire a firm to do the signs. I mean, I think -- Vice Chairman Winton: I agree. 178 September 11, 2002 Chairman Regalado: I think that the City should have a department and a person, and the most logical thing is to have it at GSA. That's what I -- Vice Chairman Winton: Is to what? Chairman Regalado: -- that's what the Manager told me, in terms of logical thing to have this, the thing. We need to produce as much signs as we can, in order to inform and advertise at the same time the different projects, the future projects this street -- we are going to do it next year. I think it's important. We need the momentum, and this is why I'm suggesting this. Vice Chairman Winton: Well, the -- Mr. Gimenez: Mr. Chairman, I can certainly, you know, take that into consideration and then make the appropriate alterations at the second reading of the Appropriations Ordinance. Vice Chairman Winton: Wait, wait, wait. No, no, no. This is not good. We're supposed to be setting policy. The policy directive is we need to make sure we have signage on all these things. The policy directive shouldn't be he's got to go hire a person to do it. I don't know if that's the right thing to do. I've not done an analysis to determine -- Chairman Regalado: No, but I didn't say -- I didn't say he has to hire a person. I said that he needs funding. He can find somebody already in the City or whatever. I mean, that's his problem. Vice Chairman Winton: But he might hire it out. I mean, you might go to a sign company and buy these signs. Chairman Regalado: Well, if that is OK. Vice Chairman Winton: I mean, that's the point I'm making. I mean it -- we may be by a long shot cheaper to go hire a sign company to make the signs we need made, as opposed to creating some position about sign making. I mean, when we get tired of making signs, what are we going to do with that person? Now we got the official in charge of sign making. Chairman Regalado: Johnny -- Vice Chairman Winton: I mean, that's my point. Chairman Regalado: The only thing is that we need to be ready with all the components for -- Vice Chairman Winton: Agreed. I agree with that point, a hundred percent. Chairman Regalado: --for to launch a major blitz -- Vice Chairman Winton: Yes. 179 September 11, 2002 Chairman Regalado: -- and that -- Vice Chairman Winton: I wholeheartedly support that. Chairman Regalado: OK. So that's -- Vice Chairman Winton: Wholeheartedly. Chairman Regalado: Let the Manager do it. Vice Chairman Winton: Figure it out. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, are we going to hear the rest of the Manager's presentation? Chairman Regalado: We have done already the millage rate. So we need to continue with this hearing. The Manager -- Mr. Manager, do you want to -- or Marcelo. Mr. Gimenez: We already -- we went through our budget presentation, and we are ready to answer any questions concerning any line item or any specific question you may want to ask of any department. All department directors are here, and they can answer questions on their particular budget, or we can answer overall questions about the budget. Chairman Regalado: I do have a question, Mr. Manager. In the table -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: With all due respect, may I request that we have a public hearing on anybody -- any issue that anybody from the public wants to bring up about the budget now, and then let's close that. And then we can stay here until everybody is over. But I just wanted to make sure that everybody had a chance. Chairman Regalado: I'm all for it. Commissioner Teele: We open the public hearing on all of the issues relating to this proposed budget, and then we close it, and then we go on and do whatever you want to do, Mr. Chairman. Chairman Regalado: I want to do the public hearing. That's what we're here for. And so we are -- you know, if you want to complain about any service or lack of service, or any fees or lack of fees, any raise or lack of raise, this is the time to do it now. 180 September 11, 2002 Commissioner Sanchez: Mr. Chairman we -- Chairman Regalado: Yes, sir. Commissioner Sanchez: We also accept compliments. Chairman Regalado: I don't -- I don't expect that. I mean, you should know better. I mean, you've been here several years and -- Commissioner Sanchez: Well, there's always hope. There's always hope. Chairman Regalado: Well, I don't know about that. But we are here. And that's what we're here for. And so this is a public hearing. Charlie, do you wish to -- Commissioner Teele: Mr. Chairman, one of our constituents is here. Chairman Regalado: Oh, OK. Hi. Judy Clark: Talk about anything, right? Oh, about the budget. Good evening, Commissioners. My name is Judy Clark. I live at 5930 North Bayshore Drive. First of all, Mr. Mayor, I would like to thank you for your words at your City -- your big City meeting that you had before to talk about our clean City and making it into a world class City. I share that vision. I hope it's possible. Let me just mention to all of you, one of the reasons that you have this lovely surplus this year has to do with this fire fee. I'm totally with some of the other people that spoke before. It is time for the fire fee to be sunsetted. When you originally instituted the fire fee, it was because there was such a deficit. The deficit was due to poor management, rampant corruption, who knows what else. Today, you have a surplus. I'm delighted to know that. I'm very happy with the Management. Thank you. And thank you for your vision for the future. However, it's time. You set about a fire fee. You decided when you instituted it that it would be in fact, temporary, and that it would only be used for capital improvements. I don't know how many more of those little Tahoes you can buy, and I can't imagine that you're going to need any more fire trucks right at this moment. So my thinking is that it's time to sunset the fire fee. You said it wouldn't be permanent. So far, I haven't seen anybody mention sunsetting it. You now have a surplus. You now have a surplus, but I still haven't seen anyone talk about sunsetting the fire fee. You have all those new Tahoes, and still, no one's talking about sunsetting the fire fee. You have special assessments now on your tax bill. You have the -- the garbage fee is on it, the fire fee is on it. One of the other gentlemen said here earlier this evening that they're not tax deductible. But you've hired the County to collect those things. There's no protest about them anymore. We can't come to you directly about them. They have to be paid with your tax bill. The millage rate is higher than many of the other cities. I agree that you lowered it this year. I'm delighted to know that. But you still have fees. You have this special assessment that needs to be sunsetted. There's no reason to continue the fire fee. It was a bad assessment when you made it. It's still bad. You still need to remove it. It is time. It was supposed to be temporary. Three of you that are here today know it was supposed to be temporary, because you voted for that. You said that when it was instituted. This is the fifth year. Get rid of it. Stop asking us for 181 September 11, 2002 this kind of money. Charge the right millage rate, enter into excellent management. I believe that you can accomplish what needs to be accomplished to run a world class City. But you don't need this fire fee. It was supposed to be temporary. It is time for you to sunset the fire fee. Chairman Regalado: Thank you very much. Charlie. Charlie Cox: Charlie Cox, President of Local 1907, 4011 West Flagler Street. I have a few things I'd like to say today on a few different issues. I sat here probably for the last six months like an ostrich and watched a whole lot of things go on. And I don't necessarily disagree with most of the stuff in the budget, but Commissioner Teele made me get up here and give my word when we gave -- when we got our contracts. And you know what? I gave my word. The problem is, nobody else has kept to their word. And I don't think it's right. And you know what? I know how to play this game. I've been playing it a long time. And if it has to get out in the public, then I will do that. There are a lot of issues. The budget process, I was not a part of. I let the Labor Relations Officer know the last day of the budget process, I get a fax the day after saying that this is when we're meeting on these departments. I did get the book well over a week ago, and I have got to analyze it. So I do appreciate that part of it. The Mayor has come up here and given a budget summary today. A whole lot of words, and they were great words. But I don't have any backup for anything that's being presented by the Mayor. The Manager said, we're close, which may mean they are close. But, I mean, I have the Manager's proposal here on what the numbers are. I do a lot better with numbers than I do words. We were told that we want to be included in this process. And the Mayor did say that we are going to create a joint labor process now. Well, I think that's putting the cart after the horse -- before the horse -- I'm sorry. Because we've been going on now -- This budget is the most important thing for this City. It is also the most important thing for the employees. I have been reading articles in the paper. And I'm going to tell you, the morale in the City is lower than I have ever seen it, even when we were taken over by the State and everything else. And that's the employees. I have never seen the morale so low. Let me tell you all something. I've been an employee for 27 years. This City has been good to me. The citizens have been good to me. But I also, I have been good to this City. I don't think anybody can question my work ethic. And if they do, I'd love to compare hours I put in compared to them. I have a staff of two. I compete against a City of 3,300 employees. That's every department that I protect, the people that I represent. So I must be putting in a few hours to be able to do that. I will also tell you that when I read statements in the paper that the well is poisoned by our employees here, you know what? I get offended by that, because I'm one of those employees that's been here for 27 years. Let me tell you something else. This City didn't train me, one iota. I came here from Florida Power and Light. I was a licensed lineman when I came to the City. I took a test. I came in the door. I am proud to be a City employee, but I've also -- and 90 percent of the people I represent are damn proud to be City employees, and they're good employees. And to keep hearing these things over and over, that we need new blood, well, you ought to look at how many people you've hired in the last few years. You've hired 500 new employees, all of those out of my bargaining group. And if there's so many inefficiencies, which that's what we're going to discuss, Labor/Management inefficiencies, then they must be all with my employees, because you're not hiring any new people from Police and Fire side. And you know what? That's the way it should be. We don't have upward mobility in the City anymore, because we're no good. And at some point in time, those things are going to have to be addressed. I will tell you, if we're going to sit 182 September 11, 2002 here and do budgets and not know what the numbers are, there's something wrong. I know what the Manager's numbers are, I absolutely do. I don't know what your numbers are, Mayor. And I respect you totally, but I would like to see some of the numbers, to where they are off, so on the 23rd that I can come here and intelligently speak about this book, and speak about that. There was a couple statements made here today that I definitely disagree with. I've been Union President now for 15 years. What you're going to do with your executives or the people that run this City about basing their raises on their performance, I saw that before. I was here when they did it before, and it was the biggest political mess I've ever seen in my life. I don't think it's fair. I don't think it's right. You're the ones that make the policies. You have to decide. But that turned out to be the biggest political mess in this City, and there was more articles wrote about it. I will tell all of you something else. I will be here probably after most of you. I intend to be here for another six or seven years. And when I leave here, I'll leave here with 33 years of service, and with my head held high, just like most employees do. We're worried about the payouts. Well, we've had more people retiring since the last early retirement we've done. So you're losing us. You're losing us, left and right. And in my opinion, you're going to be losing a lot of experience and a lot of knowledge. And when statements are made, I would hope that everybody thinks what they're saying before they make it. And if you have anything that you want to take out on me, you're more than welcome to do it. But I would hope I would get some backup before the next budget hearing. Thank you. Chairman Regalado: Thank you. OK. Anybody else? Yes, sir. Mr. Johnson: Cary Johnson. I'm here to speak about the fire fee. I was here when it first was initiated, and it was supposed to be, I guess, a five-year thing, because the State -- you know, everything was, you know in a negative amount of money with the City, and it was told that it would be for five years until the City gets back on its feet, and that, you know, so far, I guess that time has come. And it's still becoming part of my taxes. And I would like to know, now that it's a surplus in the City, is this going to continue on, or is it going to be reduced down, or what's going to happen with it? Because, I mean, like I said before, where my property is located, I cannot increase rent, as in some other areas, because most of my clientele is Haitians, and people who's only making minimum wage. So I'd like to know, is this going to be something that, you know, I'm going to have to go out and continue to take a loss on? Being that, you know, it's quite high, compared to what I charge in my rental units, which is mostly efficiencies. Chairman Regalado: What you want is an answer on the fire fee, on sunsetting. Mr. Johnson: Yes. I would like to know, is this going to be the final year of it or -- Chairman Regalado: Well, I think -- Mr. Johnson: -- is this something that's going to be continuous, or what? Because -- Chairman Regalado: I think it's only -- Mr. Johnson: -- I come down every year on the fact that -- 183 September 11, 2002 Commissioner Teele: Mr. Chairman. Mr. Johnson: -- it was told that it was going to only last for a certain amount of time, because the City was in a deficit with Solid Waste -- OK? -- which now, you know, you have a new system in place. I see less, I guess, Solid Waste employees that's needed, and I'm pretty sure the City has a surplus now. So is this something that you're just trying to make more of a surplus with, or is it something that, by, I guess being one of the people that pay the Fire -Rescue fee, is it going to stop or what? Chairman Regalado: Sir, the fire fee was designed to buy equipment and capital improvement for the Fire Department, because at the time of the crisis, the Fire Department was going through an internal crisis, because of lack of new equipment and situation -- that the situation they had in the fire stations. During those hearings -- I remember, because I was here -- it was said that this should be imposed for the next five years, in order to raise certain amount of money to buy the equipment needed for that. But to my recollection, never had an official sunsetting. However, I think that the people of Miami do deserve an answer. And I hope that we can come up with some idea in the next meeting. And, you know, I'm sure that if it weren't for the Mayor and all the members of the Commission, and even the Manager right now, we'd do away with that. But we need to get a real answer for you. And in the next budget hearing -- Vice Chairman Winton: Excuse me, Mr. Chairman. Chairman Regalado: -- we can, I'm sure, we can expand on this. And you are invited to. I know that you come to the budget hearings, and that's an issue, as well as the lady that -- Vice Chairman Winton: Mr. Chairman. Chairman Regalado: -- was here just a few minutes ago, that she always comes to the budget hearings. So I guess that you do deserve an answer and -- as a resident. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: We do have an answer. The fire fee is in the budget for the next five years. I don't know why we're trying to mislead anybody. It's in the budget for the next five years, the fire fee is. Chairman Regalado: I am -- I am not -- he's asking, because I remember him from -- Vice Chairman Winton: Well, I know he's asking. And let's give him an answer. For now, the fire fee is in the budget for the next five years. Commissioner Sanchez: For five years. Commissioner Teele: And any three people can take it out of the budget right now. 184 September 11, 2002 Vice Chairman Winton: That's correct. Right now. Commissioner Teele: In the out years. Not just coming years. All you got to do is make a motion and come up with the money for a replacement. Chairman Regalado: Exactly. Vice Chairman Winton: That's right. It's that simple. And by the way, just so that the public knows, I own an office building downtown, and the fire fee on our office building downtown, I forget the number. Nine, eleven, $12,000 a year. I mean, it's a big number for our downtown building fire fee. So it isn't something -- It has a direct impact on me, very direct impact on me. Don't like the fire fee. Don't like the parking tax. But, you know, all of these pieces fit together to create the budget. And the budget that we have now may be the best budget we've seen in this City in 20 years. And I'm not about to introduce the resolution to save me the money, because I know that there's a place for that fire fee today in our five-year plan that's going to allow us to do the things we need to do to make this City great. And you can't just pull the $13,000,000 out of the budget and continue to do the things that all the rest of our constituents are demanding us to do in improving the quality of life in neighborhoods. So as far as I'm concerned, that's the answer. Chairman Regalado: OK. Mr. Johnson: OK. So what you're saying is that you've already planned for the next five years to have it included into the budget. Vice Chairman Winton: It is in the five-year plan, it's been in the five-year plan and it's still in the five-year plan. Mr. Johnson: Well, the five-year plan, it's already been five years from when it was first started. Vice Chairman Winton: It's in the current five-year plan. Mr. Johnson: So it's five more years now. Vice Chairman Winton: That's correct. Mr. Johnson: So now it turns into a ten-year fire fee instead of a five-year fire fee. Vice Chairman Winton: That's the answer. And until somebody from -- three people from this Commission figure out a way to replace that revenue stream with something else, it's going to be there. Mr. Johnson: OK. So what about the surplus that you have in the City? 185 September 11, 2002 Vice Chairman Winton: I don't think this is going to be a debate. You asked a question. I gave you an answer. Mr. Johnson: OK, fine. It's just that, you know, I'm looking at what was told to me from the beginning of the Fire -Rescue fee, and now, I guess, as usual, they say, well, now, we're going to include it in from now on, indefinitely, in the future. I mean, you know, that's not what should be. But -- Commissioner Teele: If I could, I will give you my word that I'm prepared to look at how we can begin a structured way of reducing toward elimination of the fire fee. But it's not as simple as eliminating it, because if you could tell me where to come up with the 13, $14,000,000, and, you know, really have that -- I can't figure that out. But I can tell you this: Number one, everything that the Chairman said is absolutely correct. It was, it was an emergency. It was voted on by the City Commission before I was elected in the budget. In September, before I was elected, in 1997, the City Commission voted to impose the fire fee. I got elected in November of '97. There wasn't one motion or one vote to impose the fire fee. That was -- because you had to do the budget in September. Then in November, after the election, when -- dah, dah, dah, dah, everybody ran away from the fire fee. Then that's when the Governor said, if you all don't impose the fire fee or something else, we're going to come in and take over the City. And that's when I got to meet Mr. Nachlinger. And he worked the entire Christmas, trying to avoid the shutdown of the City with the Governor. And it went all the way, literally, to within eight hours of the Governor basically pulling the trigger. And the fire fee got adopted, I think, on a three to two vote, because you never voted for it. Commissioner Sanchez: Neither did I. Commissioner Teele: OK. But you weren't there then. I'm just saying -- But Tomas, in December of '97 -- Chairman Regalado: Yeah. Commissioner Teele: -- he did not vote for the fire fee. Bert Hernandez was here, and -- Chairman Regalado: Willy, Plummer. Commissioner Teele: -- Willy and J.L. And it was -- it was just -- But the problem for me was the Commission had voted to do it. Then when it came time to impose it, after the date of the election, there were no votes there. But everybody got sold. And that's why I respect Commissioner Winton, because he's speaking to you honestly and truthfully. It may not sound good, but he's saying exactly what the truth is. Every time we pass a budget, just so that it's clear to the public, we don't pass just the budget for the year, 2003 budget. And that's what the head of the Union was just complaining about. He wants to see the background. The details of that budget contained a budget for 2004, 2005, 2006, 2007. So when -- every time we pass a budget, we're obliged by State law to pass a five-year budget from that year. So there's five years in this budget, in the out years. That's where I think there's going to be a lot of discussion between the Mayor and the Manager, in the out years. The problem is this -- Commissioner 186 September 11, 2002 Winton told you the truth -- it's in the next five years, and we could all smile and say, well, we'll look at it and come back. And we haven't done anything. I think where this Commission broke faith -- and I was a part of it -- was that when we passed it, it was sold to us as a capital program. Halfway through this thing -- and even the people on this dais, my colleagues, who have always opposed the fire fee, every time it's time to spend money, the vote has been five to zero to spend it. So, you know, you figure that part out. But this is the problem: We've got -- and I think we can begin to say right here, right now that we're going to put a limit on the amount of operating dollars that come out of that fire fee, and try to get back to the original intent of what the fire fee was, which is capital, because if we can do that, then we can start to phase out in some of the out years the fire fee. Because, they're right, once you buy, you know, 20 red fire trucks, or whatever, you're not going to need a blue one, so why keep buying them? And so I think we ought to look at how we can begin to put some limitations on the capital to the operating on the fire fee. Do we have that now, Mr. Manager? Is there any limitation? Frank Rollason (Assistant City Manager): There's a set amount, I believe. And I've sort of been out of this for a little while, but there is a set amount right now that is set for the capital. I think the other one is what fluctuates. Mr. Gimenez: Four point two million is set aside for capital from the fire fee. We get about $15,000,000 a year total, so the rest is for operation. Commissioner Teele: Is it percentage or is it just by -- Mr. Gimenez: It's four point two million dollars is allocated for capital and has -- that's been the historical since the beginning of the fire fee. And the rest is used for operations. Commissioner Teele: But is there a resolution or an ordinance -- Mr. Gimenez: No. Commissioner Teele: -- that says at least -- In other words, what is there to prevent the backsliding that's always occurred? When this was passed, it was 100 percent. Can you all come in tomorrow and say, by resolution, for example, that we'd like to spend another $400,000 for operating out of that four point two? Mr. Gimenez: Yes, we can. The original, the original fire assessment was passed -- excuse me - - strictly for the capital of the Fire Department, and it was -- the original amount was four point two million dollars. And four point two is allocated every year for capital. That maintains the Fire Department infrastructure and the Fire Department really doesn't have to tap into any other sources for infrastructure maintenance in the City. I think that what you're proposing is that we look at a way -- I still -- I think that there needs to be a base for the infrastructure needs, because we're always talking about we don't fund infrastructure. So there are always -- there should be a fire fee that maintains infrastructure. But I can see that, as we progress, there could be a reduction in the fee, you know, a gradual reduction in the fee, because there is an augmentation of the fee, due to growth. And you can start to, you know, take it down $3, you know, couple dollars, et cetera, et cetera, on a yearly basis and start to get that fire fee down. 187 September 11, 2002 Commissioner Teele: Mr. Manager, would you draft up a resolution to be considered at the next budget meeting, as a part of that budget, for the Management to conduct a study and review internally, and to come back within 180 days or so on a method to begin -- Commissioner Sanchez: Reduction. Commissioner Teele: -- to reduce the fire fee, based upon the principles that you've outlined? Mr. Gimenez: Yes, sir. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1021 A MOTION DIRECTING THE CITY MANAGER TO DRAFT A RESOLUTION TO BE CONSIDERED AT THE NEXT BUDGET MEETING, FOR AN INTERNAL STUDY AND REVIEW OF THE FIRE ASSESSMENT TO BE CONDUCTED AND COME BACK WITHIN 180 DAYS OR SO WITH A RECOMMENDATION TO REDUCE THE FIRE FEE BASED ON PRINCIPLES OUTLINED. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Mr. Johnson: Also, maybe if I owned an office building downtown, where I'm charging a thousand dollars a month rent, you know, instead of maybe in the lower -- Commissioner Teele: You just won the biggest battle of the year. 188 September 11, 2002 Mr. Johnson: Well, I'm saying, I'm paying the same Fire -Rescue fee -- Chairman Regalado: Listen, listen. Some people have gone to court to do this. Mr. Johnson: Well, I'm paying the same Fire -Rescue fee that somebody else paying. Chairman Regalado: And you came to the right place. But you came to the right place. But you're right, and he's right, and he's right, and, you know, we're trying to do right here. Mr. Johnson: OK. Well -- Commissioner Teele: Mr. Chairman, in all fairness, I don't think it's fair for you to start a dialogue about someone else's business versus -- Mr. Johnson: OK. Commissioner Teele: I mean, that's just not the spirit of what we're trying to do here. Mr. Johnson: Right. But what I'm trying to say here is that if I'm charging $300 for a rental unit -- OK? -- and somebody else is charging a thousand dollars for a rental unit, and their Fire - Rescue fee is the same price as what I'm paying -- OK? -- it's hurting me a lot worse than somebody who's paying a lot more. Vice Chairman Winton: You ought to go downtown and deal with the fire fee -- you ought to go downtown and deal with the parking surcharge on top of that. So. Mr. Johnson: Well maybe -- Vice Chairman Winton: Mr. Chairman, how long are we going to -- you know, how long is -- there shouldn't be a debate. The man made his point and we've addressed the point. Chairman Regalado: Well, there is no debate at all. We just passed a resolution and we thank you. Mr. Johnson: OK. Maybe next year -- Chairman Regalado: And we'll go on, we'll go on with -- Mr. Johnson: See you next year. Maybe it'll be better. Chairman Regalado: See you next -- well, see you next session, on September 26th at the Lyric. You will hear the resolution that was just passed. Go ahead, sir, on the budget. Hector Brito: Yes, sir. Good evening, Honorable Mayor, Mr. Chairman, distinguished Commissioners. My name is Hector Brito, 2425 Northwest 3rd Street, a resident of City of Miami for 30 years, and a resident of the County for a little bit over 40 years. It's very, very 189 September 11, 2002 easy to come up here and to criticize the efforts of the jobs that you're trying to do. I want to take this opportunity to commend each and every one of you for your -- this body. And I haven't been up here in more than 15 years. I try to stay away for circumstances. But I just want to take this time to make sure that you know that your efforts and the changes that have come about, especially with the collegiality, the professionalism, the decorum and even the respect that's being shown in this body recently. Certainly deserves recognition, and certainly is appreciated by the residents of this community. Commissioner Sanchez: See, I knew that we were going to get a compliment today. And thank you so much. Mr. Brito: You're very welcome, Commissioner. And your efforts are duly noted and are appreciated by the residents. You all have an opportunity to take this great City and to make it into a true world class City. You have at your hand and in your power the -- through your initiatives and your efforts the ability to be able to transform this City into the gateway to the Americas. I truly believe that with the individuals, including the staff that you have, that this -- you will see some real changes in this City that will make all of us, including this collegial body proud to be a part of this City. And I thank you for your efforts, for your time, your dedication, and most of all, for your patience in dealing with the residents at large. Thank you for your indulgence and thank you -- have a nice evening. Chairman Regalado: Thank you. Thank you very much. OK. Anybody else? Commissioner Teele: Motion to close the public hearing. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion to close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1022 A MOTION TO CLOSE THE PUBLIC HEARING ON THE CITY OF MIAMI BUDGET FOR FISCAL YEAR 2002-2003. 190 September 11, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: OK. We've done the millage, amend, re -computing the proposed millage rate, and we've discussed the budget. There is some issues that the City Commission wanted to discuss. One thing that I wanted to present to the City Commission and to the Manager and the Mayor is that I've been looking at the table of organization. I feel that it's important that the Office of Hearing Boards, which was transferred to the Planning and Zoning Department should be back to the Manager. Although you're going to say, well, the Manager runs every department. But according to this table, these departments here are reporting directly to the Manager. And the reason that I'm saying that Hearing Boards should be under the Manager and not under Planning is because we have a Planning Board, we have a Code Enforcement Board, we have a Zoning Board with citizens that are working very long and hard hours. And we have these citizens to make decisions. And we have the opinion of the Planning Board and of the people that come. I really think it's a chilling effect to have the Office of Hearing Boards under the Planning. I think it should be under -- directly under the Manager. And that's why I would like to make a motion for the Manager to consider that and come back on the 26th with this amended table of organization. Commissioner Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Teele: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? 191 September 11, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-1023 A MOTION DIRECTING THE CITY MANAGER TO AMEND THE TABLE OF ORGANIZATION OF THE CITY OF MIAMI TO HAVE THE OFFICE OF HEARING BOARDS REPORT DIRECTLY TO THE CITY MANAGER INSTEAD OF ITS CURRENT POSITION UNDER THE DEPARTMENT OF PLANNING AND ZONING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Thank you. That's one of the things I wanted to discuss. We have a first reading ordinance 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. This is part of the process. Do we have a motion? Commissioner Gonzalez: Where are we? Mr. Vilarello: Mr. Chairman, the Millage Rate Ordinance was already adopted. The tentative millage rate was already adopted. Chairman Regalado: OK. Mr. Vilarello: You are now on the budget, the tentative budget. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would ask that each Commissioner be afforded the opportunity to address the Manager for up to 15 minutes -- 192 September 11, 2002 Chairman Regalado: Absolutely. Commissioner Teele: -- to go through whatever their issues are, or however shortage of time they want. But I mean -- Vice Chairman Winton: One minute. Commissioner Sanchez: One minute. Commissioner Gonzalez: One minute. Chairman Regalado: One minute, two minutes. I mean -- Vice Chairman Winton: We've been talking about it for an hour. Chairman Regalado: I mean, it's early, I'm telling you. Vice Chairman Winton: It's early, so we're going to make sure we make it late. Commissioner Teele: No. Chairman Regalado: Yes, because -- Commissioner Teele: No, but what I don't want to do is sit here -- Chairman Regalado: That is -- Commissioner Teele: What I don't want here -- Chairman Regalado: We cannot break with history and tradition. Vice Chairman Winton: I'm trying. Commissioner Teele: What I don't want to do is come in here on the 26th and have a lot of open issues -- Vice Chairman Winton: Right. Commissioner Teele: -- and then nobody discussed them. And we didn't -- and I want to start with the estimating conference issue. Chairman Regalado: Let me just remind something on the 26th. We have in the afternoon of the 26th a CRA meeting -- a CRA meeting that it's being -- it was requested and cancelled, because this Friday, members of the Commission could not be here in Miami. So the Chairman of the CRA and the Executive Director have requested that on the 26th, we have some time for the 193 September 11, 2002 CRA. So you have CRA. We have also PZ (Planning and Zoning) items on the 26th. So it's important, like Commissioner Teele says, that we get some of these issues flushed out, and, you know, we're really going to save time on the 26th. Vice Chairman Winton: Well, Mr. Chairman, I'll start then, and mine will be one minute. I've met with both the Mayor and the Manager. I have spent a great deal of time with each of them on this whole budget thing. And I heard the Manager say that he is anxious to work with the Mayor to resolve the few really -- as he described it -- minor issues that he feels strongly he can resolve. So as far as I'm concerned, I'm anxious to vote on adopting something tonight. I'm not sure which of those -- Commissioner Teele had some idea on which one we adopt -- and further support the idea that the two are going to get together and bring back a combined something that we will finalize on the 26th. Chairman Regalado: OK. Vice Chairman Winton: Done. Chairman Regalado: Commissioner Teele had some -- Commissioner Teele: I'll yield. Chairman Regalado: Commissioner Sanchez, Commissioner Gonzalez. Commissioner Gonzalez: I also had the opportunity to meet with the Manager and with the Mayor, and as Commissioner Winton, I'm ready to vote on something. I know the final product of both budgets is going to be a perfect budget. Commissioner Sanchez: Mr. Chairman. Commissioner Gonzalez: And I know they're going to get together, and they're going to work out whatever the differences they have. Commissioner Sanchez: Well, Mr. Chairman, I'll stipulate to what both of my colleagues -- but I just have one issue that -- Commissioner Gonzalez: By the way, buy me a new chair and we'll be even. Commissioner Sanchez: Yeah. Yeah, we'll add it to the budget to get you a new chair. But under the issue -- Chairman Regalado: Joe, you can use -- they use only one and one minute, so you can use 14, 14 and -- Commissioner Sanchez: No, no, no. Mine is going to be brief. I'll basically just stipulate with what they said. But I also want to make it -- bring it out at the right opportunity to address the concern that I have. And once again, Mr. City Manager, it is the public facilities that we have. 194 September 11, 2002 We have nine facilities, the -- all the marinas, the James L. Knight, the Orange Bowl, the Artime Theater that were here tonight, the Coconut Grove Expo. You know, we really -- $50,000 isn't going to promote these venues. I mean, I'll give you a perfect example. This is a venue right here. Look, it's a beautiful venue, all right? Acoustic is great. And if you look at the records, they have been able to attract a lot of community-based -- this is a community theater, whether we like it or not. Some people say the neighborhood is a little bad. It's gotten much, much better. You're starting to see more events come. But it's not promoted. And I -- and you're talking not about this facility, you're talking about other facilities. Fifty thousand dollars really isn't -- it isn't enough. I'd like you to look into it and maybe increasing the budget a little bit so these nine facilities could be promoted properly. And, of course, through promotion, they'll be able to bring additional revenues to the City. That's it. Vice Chairman Winton: I'll second the motion and the -- so the motion is the Manager is going to bring back some modified recommendations tied to -- Commissioner Sanchez: Increasing it. Fifty thousand dollars, come on. That's a slap in the face and an embarrassment to these nine facilities. Vice Chairman Winton: (UNINTELLIGIBLE) public facilities. Second the motion. Commissioner Sanchez: And the great staff that run all these facilities. Commissioner Teele: Second. Commissioner Sanchez: I'll make the motion to second it. Vice Chairman Winton: Well, I guess I'm the -- I guess I'm the Chairman right now. Did you second it? Commissioner Gonzalez: So move. Commissioner Sanchez: There's a motion and a second. Vice Chairman Winton: We got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. 195 September 11, 2002 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-1024 A MOTION DIRECTING THE CITY MANAGER TO BRING BACK MODIFIED RECOMMENDATIONS INCREASING THE ALLOCATION FOR PROMOTION OF CITY FACILITIES BY $50,000. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Commissioner Sanchez, are you -- Commissioner Sanchez: Yes, sir, I'm done. Brief. Vice Chairman Winton: Commissioner Teele. Commissioner Teele: Mr. Chairman, thank you. I'm really pleased that Mr. Cox spoke, and I would hope that in the future that all of the unions will come to the table and give us a little bit more direct information. And then particularly, I would hope that the budget process gets opened up a little bit more to include, perhaps, an executive meeting with the union, the Management group before we get to the public hearing, just so that there can be some real give and take, and it's not a take it or leave it. I'm very encouraged with the dialogue that has gone on. And I'm grateful, Mr. Mayor, to you for the hours that you have spent on this, literally hundreds of hours, and the hours that you afforded me and my colleagues. I do think that the union leader, Mr. Cox made a point, and I think a part of it is any time there is anxiety, there is all sorts of missed cues, misdirections, perhaps even intrigue. Mr. Manager and Mr. Mayor, I would appeal to you all jointly. If there is a proposed organizational -- re -organizational plan that is being done, I think the time to roll that out is in the budget process. That's when you normally do organizations. You don't do organizations around individuals normally. You do it around structure. And I would ask the Manager and the departments to review the organization which is a part of the Budget Ordinance, as well as the FTE (Full -Time Equivalents), and let's make sure that we've got this thing right. I know we've got two or three different variations of it. I'm very concerned about the number of people reporting directly to the Manager, is my concern. And I really do think that the organization needs -- it is just -- there may be an opportunity to look at an organizational plan. And obviously, if you're not prepared to do that, 196 September 11, 2002 Mr. Mayor, in the budget, or at least give us a preview of something. But I think a part of what Mr. Cox is complaining about is the kinds of rumors that always go along with the intrigue of is there going to be changes, and this, that and the other. And I think the way to do this is in a very professional manner that gets us to an approved organizational plan that we can look to, without necessarily the names, in terms of a proposed organization, so that that can be vetted. I'm very concerned, especially about the Labor Union issues. And while everybody that spoke today that complained about services had one thing in common, they're complaining about the services that are being delivered. And I know, Mr. Mayor, you have spoken on that. Every message you've given, you highlight that. But I don't sense the excitement and the budget priority of the service - related activities versus the headquarters -related activities. In other words, we spend a lot of money in technology. We spend a lot of money in the back room operation. And I'm just sort of saying, let's look at the NET structure early on. There is -- since Raul Martinez -- is Raul here today? The last thing that I said to Raul Martinez in the budget meeting as an Assistant Manager was -- Raul, and you need to -- because I don't want to misquote. When can we expect a review and a Management review of the NET offices? We're going to have a workshop. We're going to have a retreat over Christmas. That was three years ago, I think. We're still waiting on that Management review. What is the role? What is the mission of NET? We've got some NETS doing one thing, some NETS doing another thing. And NET is where the rubber meets the road, other than with Parks and Public Works, with the public. And I would hope that in terms of the priorities of construction in the bond issue that we prioritize NET offices, as well as those fire stations and police stations, as well as the sidewalk improvement. And that's the kind of hope - thinking that I would like for our process to be devoted to, as a little bit of policy direction in terms of that. We cannot treat everything the same. And with all due respect, I know that the people here from the Virginia Key Trust have been very patient about water, and sewer and the kinds of things that they've got some priorities with. But we've got to get dollars out there where the public knows that we're spending those dollars. We need to have a plan to automate, to upgrade and to ensure that every NET office, all 16 NET offices are upgraded as a priority. The best way to let the public see that we're spending their money and we're investing in this community or into this City is where the public interfaces with us. And I would continue to urge that we do that. In that regard, Mr. Mayor, I don't know how this is working out, I really don't. And I've received your briefings, and I'm really encouraged. But we've got ninety million dollars ($90,000,000) of carryover capital, roughly, seventy to ninety or a hundred of carryover capital. We've got a bond issue of whatever the amount -- a hundred and fifty. Mr. Gimenez: It's a hundred and fifty-five million. Commissioner Teele: One fifty-five. And then we're talking about the capital program. And I'm not sure what we just did, Commissioner Winton, based upon your motion on the ledgers and the this and the that. But I really do think that we ought to look at a pilot program, Mr. Mayor, of how we can develop a capital program that just sort of flows for five years, as opposed to every project coming back through, through a cycle. And I think the $7,000,000 that's in the budget -- is it 7,000,000 in the budget of the capital -- the recurring capital, capital improvement? Is it -- what's that number? Between gas tax and the capital improvement -- Unidentified Speaker: Storm water. 197 September 11, 2002 Unidentified Speaker: For the -- Commissioner Teele: Storm water, yes. Linda Haskins: The storm water utility is six point one million. Linda Haskins. Commissioner Teele: I think we have the opportunity to create a parallel pilot program some kind of way, because the one thing that everybody complained about is sidewalks. And we've got a problem there, and we just need that program. So I would hope that our budget not only will just have these numbers, but some priorities. And we will know a little bit, Mr. Mayor, in terms of this as to how we're going to approach it. My main concern is essentially the employees of this City, in terms of training opportunities, promotion opportunities, because I really think if you invest in the people, the people will make the system work. And I don't see that we are -- that that becomes again a priority, the training. I would hope that we have a program that allows for people to go to college or receive college credits, et cetera, and be reimbursed on a very, very aggressive basis, and the things that we talk about every year. And so I have no real disagreements. I am concerned about the growth factors associated with the Manager's budget and the Mayor's budget. I think we need to be very, very cautious about assumptions on growth in the out years. But I'm hopeful that the Manager and the Mayor will reach an accommodation on that particular issue. And the final comment that I would have in this regard would be the budget process is so much better than it has ever been, Mr. Mayor. And that has a lot to do, I think, with your involvement in it, and the continued refinement of what has happened through the staff process. But, Carlos, I want to say this to you: We are a little bit behind, I think, in the budgeting process this year. But every year, I am so impressed with your sincerity and your -- you know, working to get a handle and get -- I mean, this isn't what you spent the last 30 years of your life or career doing. I mean, you were doing Fire, you know. You were doing what you are, which is a Fire professional. And I just want to continue to encourage you to be the professional that you are. I'm sorry that you have announced your resignation when I was out of town, and I've said that to you privately. But I really want to commend you for the professionalism. And I think the budget is the most important thing that we do. If we screw it up, interest rates start to go up, Wall Street starts to react differently. There are a lot of things that just begin to go the wrong way. And I really commend you for working professionally, even though you've decided to pursue new options. And watching TV last night, there are probably a lot of options around. But please be encouraged and continue to work in the professional manner that I think you're handling this. Mr. Gimenez: Thank you for your kind words, sir. And I will always try to be as -- you know, a professional, and really try to be a credit to the Fire Service, because, I mean, I'm like the first fire fighter that ever became a City Manager. I want to make sure that there will be some people that follow in my footsteps and that you look in different directions in the City to see who can be -- who can be and take this position of City Manager. A lot of people just think it comes from one particular area, but in actuality, it could come from a lot of different areas. Commissioner Teele: Thank you, Mr. Chairman. Chairman Regalado: OK. 198 September 11, 2002 Mr. Gimenez: Commissioner, also, if I may, you talked about the organization and a re- organization plan, and while I think that the table of organization that you have here is not going to be changing much for the next meeting, I will be willing -- and if the Mayor is willing -- that we will be bringing what we feel should be the organization of the future in the City, or at least, you know, I think we can do that, and something that you can work towards, because you do have a lot of opportunities at this point to make some changes. And that's something that you can, like I said, work towards, you know, in the future, in terms of how to change the organizational structure and reduce the number of people and direct reports, and get in more in line with like a corporate structure for the City. Commissioner Teele: Well, I want to be very clear. I think it would be helpful, but I really think that that's something that maybe you and the Mayor could agree on or not agree on or -- and if you don't agree on it, don't submit it. But if there is an agreement, obviously, you know, what we'd like to do is see it. And, you know, you've indicated that you do plan to go pursue other options. But this is the concern, you know, to sort of put it on the table, Carlos. There are a lot of people in this City, you know, division directors, or chiefs, acting department heads, which, you know, really need a sense that the City is not going to go in a direction. I've seen this happen now with all of this stuff that the City has gone through. And I would hope that you and the Mayor would meet over the next two weeks. And if there are people that should have been promoted -- You know, last year, I talked about how many assistant -- how many actings do we have? We had one lady who had been acting for four years. That's -- you know, that's almost cruel and unusual punishment to put somebody in that position. Either promote them, get rid of them or give them a job. And I think if there are situations that we've got lingering around that have not been dealt with, I would hope that even though you're leaving, if you and the Manager - - you and the Mayor and everybody is in agreement, I just hope that we can continue to move in a seamless manner, and not have the kinds of things that the union leader is complaining about, because he's speaking for a large number of people, or at least some people. And it has nothing to do with you, and it has nothing to do with the Mayor. It has to do with the culture of the City of Miami. Whenever there is a change at the top, the place goes crazy at the bottom. And that's just sort of the culture that we've created here. Vice Chairman Winton: Mr. Chairman, is it time to make a motion, then, on the budget? I mean, Mr. Chairman -- Chairman Regalado: On the budget? We already did. Commissioner Gonzalez: We already did the budget. Vice Chairman Winton: We've done the millage and the budget. Commissioner Gonzalez: And we can pick up on -- Mr. Vilarello: No. You had the public hearing on the budget. Vice Chairman Winton: I didn't think we'd done the budget. 199 September 11, 2002 Mr. Vilarello: You have not taken a vote on the budget. Chairman Regalado: Oh. You mean on the Manager's budget. Vice Chairman Winton: Yes. Chairman Regalado: OK. Vice Chairman Winton: So I guess I would move adoption. Chairman Regalado: We have a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. It's an Ordinance. Mr. Vilarello: And Mr. Chairman, that would be on what was distributed on the dais today as opposed to what was distributed in the package. There's slight changes. And that's an Ordinance. Commissioner Sanchez: Could you read the Ordinance? Chairman Regalado: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 200 September 11, 2002 Chairman Regalado: OK. We go on to the tentative budget for the Downtown Development Authority. Vice Chairman Winton: What item is that? Chairman Regalado: Item 49. This is a public hearing. Mr. Vilarello: Excuse me. Mr. Chairman, I believe the next item is 47-C, the Capital Improvements Projects Schedule. Chairman Regalado: Oh, I'm sorry. I missed that. I missed that one. 47-C, it's a first reading, the Capital Improvements Project. Vice Chairman Winton: So move. Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. Read the ordinance. We close the public hearing. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FOR THE NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Item 48 is -- we're going to leave that for a little later. 201 September 11, 2002 56. RELATED TO TAXATION, DEFINE AND DESIGNATE TERRITORIAL LIMITS OF DOWNTOWN DEVELOPMENT DISTRICT OF CITY; FIX MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AT FIVE -TENTHS (.5) MILLS ON DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT. MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY OF CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: We'll go on to 49, Downtown Development Authority. Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. This is a public hearing. Anybody from the public? Being none, we close -- Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Regalado: -- the public hearing. Yes, sir. Mr. Vilarello: I'd just like to read into the record that the proposed tentative millage rate is -- by the DDA (Downtown Development Authority) is 11.16 percent over the rollback rate. Chairman Regalado: OK. That's read on the record. OK. We have a motion and a second. Pricilla A. Thompson (City Clerk): No. I don't have a second. I'm sorry. Chairman Regalado: Yes, we do. Commissioner Gonzalez: Yes. Chairman Regalado: The second it's Gonzalez or Sanchez, one of them. Commissioner Sanchez: Either one. Chairman Regalado: Gonzalez and Commissioner -- Commissioner Gonzalez: I second. Chairman Regalado: -- Winton moved it. 202 September 11, 2002 Vice Chairman Winton: Call the question or read -- Chairman Regalado: Read the ordinance. Mr. Vilarello: Downtown Development Authority? Vice Chairman Winton: Yes. An Ordinance Entitled — AN ORDINANCE, WITH ATTACHMENT(S), OF THE MIAMI CITY COMMISSION 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, 2002 AND ENDING SEPTEMBER 30, 2003, 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 RATE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 203 September 11, 2002 Chairman Regalado: 50, it's a first reading ordinance. Downtown Development, we did that. Vice Chairman Winton: Yeah, the appropriations ordinance on B, so moved. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. Read the ordinance. Mr. Vilarello: It's public hearing. Chairman Regalado: We closed the public hearing. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003: AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 204 September 11, 2002 57. IMPOSE FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVE RATE OF ASSESSMENT; APPROVE ASSESSMENT ROLL. Chairman Regalado: 49B, that's a first reading ordinance appropriation for the Downtown Development District. Priscilla A. Thompson (City Clerk): We just did that. Vice Chairman Winton: That's what we did. Commissioner Gonzalez: We did that. Vice Chairman Winton: We just did that one. Chairman Regalado: We did that? Oh, I'm sorry. Vice Chairman Winton: That was what we just did. Chairman Regalado: 50, fire fee. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second on a fire fee relating to the provision of fire services. Roll call. Alejandro Vilarello (City Attorney): This is a public hearing. Chairman Regalado: It is a public hearing, and being none from the public, we close the public hearing and we request a roll call. Ms. Thompson: Commissioner Teele? Commissioner Teele: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. 205 September 11, 2002 Vice Chairman Winton: I think I might think about voting no here. I'm going to set you guys up to play this damn game, you know, this is baloney. Yes. Ms. Thompson: And Chairman Regalado? Chairman Regalado: No. Commissioner Sanchez: It's always like that. Ms. Thompson: I'm sorry, the resolution passed 3/2. Commissioner Sanchez: 3/2. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: Chairman Tomas Regalado Commissioner Joe Sanchez ABSENT: NONE. 58. IMPOSE SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVE RATE OF ASSESSMENT; APPROVE ASSESSMENT ROLL. Chairman Regalado: OK, relating to the provision of solid waste services. Commissioner Gonzalez: Move 51. 206 September 11, 2002 Chairman Regalado: 51, resolution. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." Alejandro Vilarello (City Attorney): This is also a public hearing. Chairman Regalado: It is a public hearing, and being none from the public, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-1026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 207 September 11, 2002 59. APPROVE AND ADOPT ANNUAL BUDGET OF BAYFRONT PARK MANAGEMENT TRUST, $3,562,600, TO PROVIDE FOR OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: 52, public hearing, Bayfront Park Management Trust budget. It's a resolution. Do we have a motion? Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: Motion and a second. It's a public hearing. We invite the public comments. Being none, we close the public hearing. Commissioner Sanchez: I think Johnny wants to vote no on this one. Chairman Regalado: Do you want a roll call? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1027 A RESOLUTION OF THE MAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE TOTAL AMOUNT OF $3,562,600, AS ATTACHED AND INCORPORATED, FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. 208 September 11, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 60. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING for FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, $8,228,388, EXCLUDE DEPRECIATION, AND OTHER NON OPERATING EXPENSES OF $2,110,612. Chairman Regalado: Off -Street Parking budget. Commissioner Teele: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. This a public hearing. Any comments? Anybody who wishes to make a comment? Being none, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Hey, Tim, good work. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-1028 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING for FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, ATTACHED AND INCORPORATED, IN THE AMOUNT OF $8,228,388, EXCLUDING DEPRECIATION, AND OTHER NON-OPERATING EXPENSES OF $2,110,612. 209 September 11, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: None. 61. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, $827,510 EXCLUDE DEPRECIATION, TO PROVIDE FOR OPERATION OF GUSMAN CENTER FOR PERFORMING ARTS AND OLYMPIA BUILDING. Commissioner Gonzalez: Mr. Chairman, we jump 46, right? Vice Chairman Winton: Yeah. We got to come back to that, so -- Chairman Regalado: No. We voted on it. Vice Chairman Winton: It has not been done, so we got to come back. Chairman Regalado: Department of Off -Street Parking. Commissioner Teele: We just did that, didn't we? Commissioner Gonzalez: We did that, right? Chairman Regalado: No. Commissioner Gonzalez: Yes. Vice Chairman Winton: Let's finish these budget items and then we'll come back to that. Commissioner Gonzalez: Department of -- Unidentified Speaker: 54. Chairman Regalado: We need to do 54. It's -- Vice Chairman Winton: So move. 210 September 11, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's Off -Street Parking. It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1029 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, IN THE AMOUNT OF $827,510 EXCLUDING DEPRECIATION, AS ATTACHED AND INCORPORATED, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 62. DEFER CONSIDERATION OF OPERATING BUDGET FOR MIAMI SPORTS AND EXHIBITION AUTHORITY FOR FISCAL YEAR 2002-2003 TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Chairman Regalado: 55, Miami Sports and Exhibition Authority budget. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. It's a public hearing. Being none. Who wishes to speak, nobody. We'll close the public hearing. 211 September 11, 2002 Alejandro Vilarello (City Attorney): Mr. Chairman, with regard to the MSEA (Miami Sports and Exhibition Authority) budget, apparently the board is not yet approved this, so it will be -- Chairman Regalado: The board deferred this item the last -- Commissioner Teele: Motion to defer it to the meeting of October. Commissioner Sanchez: Second, out of professional courtesy to the board. Chairman Regalado: A motion and a second to defer this item. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02- 1030 A MOTION OF THE MIAMI CITY COMMISSION TO DEFER CONSIDERATION OF OPERATING BUDGET FOR MIAMI SPORTS AND EXHIBITION AUTHORITY FOR FISCAL YEAR 2002-2003 TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 63. APPROVE AND ADOPT ANNUAL BUDGET OF VIRGINIA KEY BEACH PARK TRUST, $2,661,674 TO PROVIDE FOR OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF VIRGINIA KEY BEACH PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: Motion to approve budget of Virginia Key Beach Trust. Commissioner Teele: So move. Vice Chairman Winton: So move. Second. 212 September 11, 2002 Chairman Regalado: We have -- is this for today or you want to do it on Commissioner Teele: No, we want to do it now. Vice Chairman Winton: Yeah, let's do it. Chairman Regalado: OK. We have a motion and a second. It's a public hearing. Anybody from the public? We close the public hearing. All in favor -- Vice Chairman Winton: Hold on, Mr. Chairman, because I think I owe it to you all to explain the result of the meeting that I had with staff during the lunch break. The concern that I had was related to the fact that this is a new entity, so it hasn't been in business doing things for a long time so it's in a start up phase and on first blush, when you look at all the personnel cost, you want to understand that there is real logic and rationale particularly for personnel cost because that's the thing that goes on and on and on. Once you get them, you ain't getting rid of them and so that was a concern. I wanted to understand what their Capital Improvement budget was going to be so that I can have a clear view as to the role of all of the people in make sure that that all fit, so let me read you the personnel that they're anticipating in this budget. They got an Executive Director, a Controller, a Development Coordinator. The Development Coordinator is really principally a grant writer who's going to go out and generate new funds, so she didn't have the goal handy, but I'm told, because I wanted to know what's the goal for the grant writer. Is the goal for the grant writer to generate at least 2 '/2 -3 times his salary and more and she was going to check that for me but she thought she remembered from -- her view was from memory that it was at least that much, so I am accepting at face value. There's a Project Coordinator, that the person who's going to help manage the projects that they're going to be doing and a whole series of projects here. There's an Outreach Coordinator, which was the only person I had any question about whatsoever after I really looked at this. The Outreach Coordinator's job is go out and educate the community about all of the things that we have in the park. I hope that the board thinks really, because they haven't hired that person yet, and so I hope that the board looks at that carefully and makes sure that before that person gets hired you really got something you're selling at the park before you bring somebody on, so that was the issue, and a secretary and then they have some interns scattered in there that are making not much money. Now this is a lot of people, but it's not a lot of people. If you look at projects and you want to talk about what doesn't fit, there isn't anybody here that doesn't fit. You need an Executive Director that's head of the shop that's making things happen. You need a Controller that's in charge of finances. When you're doing development, you need a Project Coordinator that's coordinating all of the technical parts of the project. Having a Development Coordinator that's going to go out and chase money on something like this that we know we can get money for that's pretty smart as well. You got to have a secretary. Now here's the challenge that both they have and that we have and that we have to pay attention to, it doesn't do any good for them to have all of these people if we don't fund them. Commissioner Teele: On the capital side. 213 September 11, 2002 Vice Chairman Winton: On the capital side, that's right, so they're wasting their money and time. We're wasting our money and time if we don't fund their capital projects and fund them -- Commissioner Sanchez: They're being funded 2.5. Vice Chairman Winton: Well, they don't have the money. Commissioner Teele: No, but Johnny, that's a part of this issue that I raised this morning. They have a million dollars and they got 900,000 -- What was the number we gave them, for the water and sewer, for the sewer stuff? They got $1.7 million dollars right now. I met with them too. They think they have no money and there's a disconnect in that they should have already spent at least some of that money in terms of the engineering and planning, but they're being told that they have nothing that they can do it with that money at this point. Vice Chairman Winton: Well that's probably the mistake I made. I didn't ask for a balance sheet and I should have gotten a balance sheet to go with this. So, I didn't -- Commissioner Teele: Well, these are sort of the 700,000 technically was a loan against some of the $90,000,000 that we had, but it's theirs, and it's there for one project. For the water and sewer connection. I don't know, have you met with anybody in Public Works, for example? Charlene Thompkins: Yes, sir, we have. Commissioner Teele: Are you getting technical assistance from them? Ms. Thompkins: Yes, we have. Commissioner Teele: Well I don't know why you didn't say that you can't go forward if you got the resolution, you got the -- Vice Chairman Winton: Money. Commissioner Teele: The money, you got the assistance. Ms. Thompkins: Well, what we're told is that those monies are available, but we have to put them in our budget for them to be approved. Yes, they are there, but we have to have them in our budget. Commissioner Sanchez: But isn't your budget -- Vice Chairman Winton: But that's what we're -- Ms. Thompkins: That's the same thing. Commissioner Sanchez: So today we'll load them up. 214 September 11, 2002 Carlos Gimenez (City Manager): We're talking -- Frank back here says we're progressing with this project, so we're -- Commissioner Teele: I just wanted to make a statement. Commissioner, they have $1.7 million dollars for capital projects right now of City money. In addition, there are other dollars, has the county committed dollars actually? Ms. Thompkins: Yes, the County has committed dollars. Commissioner Teele: Didn't they commit $3,000,000 out of the -- Mr. Gimenez: 5,000,000 out of CDT (Convention and Tourist Development Tax). Commissioner Teele: Out of the CDT? Ms. Thompkins: Yes, they have $5,000,000 out of the (UNINTELLIGIBLE) -- Vice Chairman Winton: And where is that money? Mr. Gimenez: They hadn't received that money yet. Ms. Thompkins: No, we haven't. Commissioner Teele: But there is a $5,000,000 commitment from the county out of the CDT dollars, so that's why I was saying we start talking about the salary. Mrs. Range and the professionals have gone out and hustled money. They probably had more money dollar for dollar than anything that's going on. If you include the Corp of Engineers money, which because of their efforts and that money doesn't come to the City or to them, but that money is being spent of their behalf for shoreline stabilization. That program has already started, hasn't it? Athalie Range: Yes, we have $10,000,000 just waiting to be spent City Attorney: And we're working on the, right now, to finish up the agreement with the Corp and there will be some City funds also, there are a couple of projects actually from the Corp of Engineers. One of which they are going to do up to $5,000,000, we have to guarantee anything over the $5,000,000. The other one's a $10,000,000 that we have to put a match to, and we're working with the trust to get these projects going along with the sanitary sewer, which is needed to do the restoration of the bathrooms. Commissioner Teele: But the only point that I want to make sure that the record is clear on is when you talk about the $10,000,000 which is found money thanks to Mrs. Range and the members of the committee and Congresswoman Meek as a result of us giving them the leadership to go forward. When you talk about the $5,000,000 of county CDT dollars again as a result of the community involvement, the $500,0004600,000 of annual operating dollars is really money well spent, in terms of the effort that they're doing and I think the point that you're 215 September 11, 2002 making, Commissioner, that I fully agree with is that we got to look at the capital program that we're committing to and make sure that we know where we're going and what we're going to get for it. Vice Chairman Winton: Well, I think there two parts listening to this because there's still this disconnect that's bothersome to me that frankly with all due respect I think that the board and the Executive Director needs to get figured out. If there's money there, you all need to be, we're saying that we'll provide the budget to make this stuff happen, but everybody has to know what money's really there and could be spent. There can't be a question anywhere and if there is a question that's why you have these people, and that Executive Director in particular as far as I'm concerned is the person that ought to have all the answers to these kinds of questions and there shouldn't be a question, so I hope that my -- I would suggest that following our adoption of this budget that the Executive Director of the trust and maybe one of the board members get together with the Manager and whoever else he needs on his staff and you all just talk about the dollars associated with capital projects so that everybody is saying the same thing in terms of where the money is, how you access the money, how quickly you can access the money so that there's no question left, and the end result of that is coming out of the shoot at 100 miles an hour getting this stuff done, so, I was satisfied that they have a plan here. The only question that we have we just raised and addressed, so as a consequence, that's the reason why I've moved the motion to approve this budget. Commissioner Sanchez: Second. Commissioner Teele: Commissioner, and I don't think we ought to look a gift horse in the mouth or certainly something that's about to be approved, but the reason that I discussed with the new director of capital projects today at about 12:10, the reason I brought up the matter today about the Margaret Pace Park is that it is not necessarily the way you laid it out about the executive director and the board member. The executive director and the board member, the Budget Department and the Finance Department need to be, because the problem, the historic problem in this City is the operating division whether it be Parks or Public Works and the Budget and the Finance not being able to -- Vice Chairman Winton: Perform. Commissioner Teele: Well, and everybody's got a different interpretation of the same set of facts and so all that I'm saying here is there's no need to keep going back and forth over this. We need to work in consistent to what Commissioner Winton is saying, but I think those meetings need to be with Budget and Finance as well as with the Manager because I can tell you firsthand you're going to be frustrated, and Charlene you know as well as I do because you been there and done that too, so -- Ms. Thompkins: We've asked budget to work with us on this providing Commissioner Teele: In getting these budgets loaded in less than nine months. Vice Chairman Winton: Yeah, like one. Call the question. 216 September 11, 2002 Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1031 A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET OF VIRGINIA KEY BEACH PARK TRUST, IN THE AMOUNT OF $2,661,674 TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF VIRGINIA KEY BEACH PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 64. FIRST READING ORDINANCE: IMPOSE ADDITIONAL SIXTY-FIVE DAY DELAY (TO NOVEMBER 24, 2002) IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITY TOWERS AND MONO -POLES FOR SPECIFIC PURPOSE OF REVIEWING PROVISIONS IN CHAPTERS 4 AND 6 OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE. (Applicant(s): Carlos A. Gimenez, Miami City Manager) Chairman Regalado: We have two PZ items that we need to do. One is a first reading ordinance, additional 65 days delay on personal wireless service facilities. Commissioner Gonzalez: Second. Commissioner Winton: So moved. Chairman Regalado: We have a motion and a second. Read the ordinance. Roll call. 217 September 11, 2002