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HomeMy WebLinkAboutCC 2005-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Tuesday, September 27, 2005 5:05 PM SECOND BUDGET HEARING (RESCHEDULED FROM SEPTEMBER 22, 2005) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 27, 2005 CONTENTS BH - SECOND BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR 2005-2006 TENTATIVE BUDGET BEGINNING AT 5:05 P.M. BH.1 THROUGH BH.8 City of Miami Page 2 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 5:05 P.M. BH.1 05-00926 Office of Strategic Planning, Budgeting, and Performance SECOND BUDGET HEARING Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 27th day of September 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, to convene the Second Budget Hearing previously scheduled for September 22, 2005. The meeting was called to order by Chairman Joe Sanchez at 5:15 p.m., with Vice Chairman Gonzalez and Commissioner Winton absent, and adjourned at 7:07 p.m. (Vice Chairman Gonzalez entered the meeting at 5:16 p.m. and Commissioner Winton entered the meeting at 5: 25 p.m.) ALSO PRESENT: Joe Arriola, City Manager Rafael O. Diaz, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk ABSENT: Jorge Fernandez, City Attorney Note for the Record: This Budget Hearing was originally scheduled to be held on September 22, 2005, but was rescheduled to September 27, 2005 to avoid conflict with Miami -Dade County's Budget Hearing, which was held on September 22, 2005. The agenda used for the meeting of September 27th was the original agenda with its original date of September 22nd. ORDER OF DAY Note for the Record: An invocation and pledge of allegiance were delivered. Chairman Sanchez announced that there were no vetoes from the Mayor. Chairman Sanchez: And before we move on, there are no mayoral vetoes. Priscilla A. Thompson (City Clerk): Thank you. Chairman Sanchez: For the record, Madam Clerk, just wanted to state that. DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2005-2006 THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 8.4995 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 IS 18.92% HIGHER THAN ROLLED -BACK RATE OF 7.1473. SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: TO ELIMINATE THE ANNUAL STRUCTURAL DEFICIT MATCHING RECURRING ANNUAL EXPENSES WITH RECURRING ANNUAL City of Miami Page 3 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 BH.2 05-00926a Office of Strategic Planning, Budgeting, and Performance REVENUES. PURPOSE: TO FUND ANNUAL MUNICIPAL SERVICES INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AND SOLID WASTE. COST $ 37,555,419 100% CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE RATE. ACTIONS BY THE CITY COMMISSION: 1.AMEND THE ADOPTED TENTATIVE BUDGET, IF NECESSARY 2.RECOMPUTE THE FINAL MILLAGE RATE, IF NECESSARY 3.ADOPT THE FINAL MILLAGE RATE 4.ADOPT THE FINAL BUDGET OR THE AMENDED FINAL BUDGET AS NECESSARY 05-00926 Millage Discussion.pdf DISCUSSED Chairman Sanchez: All right, and we go to BH.I. Its just a discussion item, at which this -- which time the director will read some statements into the record, followed by BH.2, which is an ordinance on second reading that'll be voted on. Larry Spring: Thank you, Commissioner. Larry Spring, chief of Strategic Planning, Budgeting, and Performance. I will read into the record the discussion item BH.1. It's a final public hearing to discuss the proposed millage rate and tentative budget for the fiscal year 2005/2006. The proposed general operating millage rate of 8.4995 for the City of Miami for the fiscal year beginning October 1, 2005 and ending September 30, 2006, is 18.92 percent higher than the rollback rate of 7.1473. Specific purpose for which ad valorem tax revenues are being increased, to eliminate the annual structural deficit, matching recurring annual revenue -- recurring annual expenses with recurring annual revenues, and to fund annual municipal services, including but not limited to, police, fire, and solid waste. Cost, $37,555,419, and now the City Commission will listen and respond to -- well, actually, we can move on to BH.2. Chairman Sanchez: All right. This is just a discussion item. At this time, it has been stated on the record. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; CONTAINING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 05-00926a Legislation.pdf 05-00926a Summary Form.pdf 05-00926a-Submittal.pdf 05-00926a-Submittal.pdf City of Miami Page 4 Printed on 10'12/2005 City Commission Meeting Minutes September 27, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12736 Chairman Sanchez: And we go to BH.2, at which time it is an ordinance on second reading. OK, but before we do that, it's an ordinance on second reading. Is there anyone from the public wishing to address this item? Please step forward and be recognized. OK. Yes, sir. This is on the millage. OK, all right. Please state your name and address for the record, sir, and we'll go ahead and give you two -- Don Deresz: Don Deresz, 1852 Southwest 24th Street, Miami. Good evening, Commissioners. Miami residents are expected to pay about $9.26 in taxes this year for every $1,000 of their assessed property. Let's compare this to other neighboring communities. Pinecrest residents pay only $2.40 for every $1,000 of assessed property value. Key Biscayne has kept its tax rate the same again this year at only $3.61 per $1,000 of assessed value. This is absurd. Wealthy communities pay two-thirds less in property taxes than Miami citizens do, some of the poorest people in these United States. It is well-known that ridiculously high retirement payments under the City system has contributed to its financial problems and high tax rate. My solution is to dump this irresponsible pension system, and instead, immediately begin to conform and contribute to the fiscally responsible Florida retirement system. This will need leadership and not rhetoric. Miami's tax base has grown almost 27 percent this past year. This prosperity should require a rollback in Miami property taxes. Regarding the second issue, a recent audit has been very critical about the spending of the Homeland Defense Neighborhood Improvement Bond monies that was approved by City voters a couple of years ago. Let's do some good. Let's use some of that $500 million of bond money to replace those ancient, unmaintained [sic] electrical wires that now weather away on the poles. Let's waterproof and bury those FPL (Florida Power & Light) electric cables and begin this project in older residential neighborhoods, such as Silver Bluff, which was built on the Miami rock ridge, well above the water table. Certainly, maintaining electrical power would eliminate most of the expected storm logistical problems and seriously help to secure our homeland. We are presently in the beginning of a 30-year cycle, predicting an increase in the frequency of tropical storms and hurricanes. Let's secure our homeland, improve our neighborhoods from the loss of electrical power. Finally, I want my money back. The fire -rescue fee that I, and all Miami homeowners, had to pay as a resident during the late 1990's to bring Miami out of fiscal mismanagement, was declared illegal by the Florida Supreme Court in 2002. You approved a $7 million settlement for only five litigants who sued the City. That's $1.4 million apiece for each of those five Miami citizens. Every homeowner should get their money back. 1 should not have to pay for the unskilled decisions made by incompetent City administrators and the Law Department. I want my money back, which amounts to several hundred dollars. I need it now, which I can use to repair my property after Hurricane Katrina. In summary, bury the property tax assessment by lowering the tax base to equal neighboring communities; bury the FPL electrical wires and secure our homes with that Homeland Security Bond money, but don't bury what the City owes us homeowners in illegal fire -rescue fees. Pay us now. Thank you. Chairman Sanchez: Thank you, sir. Ma'am, please state your name and address for the record. Welcome to City Hall. Helen Stankiewicz: Helen Stankiewicz, 6563 Northwest 172nd Lane. Good evening. I am president of PACT, People Acting for Community Together. We are the largest grassroots community organization in South Florida. It's a coalition of 38 faith congregations, public schools, and community groups, representing over 100,000 people in Miami -Dade County. We were formed in 1988 to better serve the needs of the poor in our community. Last night, we had - City of Miami Page 5 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: Ma'am, ma'am -- Ms. Stankiewicz: -- 300 people attend -- yes. Chairman Sanchez: Let me -- I'm sorry to interrupt you, but is this pertaining to the budget? Ms. Stankiewicz: Yes -- Chairman Sanchez: OK. Ms. Stankiewicz: -- because the people who are going to follow me are going to give you very specifics, but 1 thought that you should know who we are and what we are representing. Chairman Sanchez: But it's based on the millage? Ms. Stankiewicz: Yes. Chairman Sanchez: OK, cause we're -- Ms. Stankiewicz: Well, we were told -- Chairman Sanchez: -- as we go -- Ms. Stankiewicz: -- that maybe we fit BH.2, but we were told to come up because BH.1 and BH.2 come together. Chairman Sanchez: I'm sorry for interrupting you. You may proceed. Ms. Stankiewicz: Last night, we had 300 people attend the meeting in a church in Little Haiti, from all -- these people were from all parts of Miami, and they were there to share their problems, their concerns, with the problems in their neighborhoods, and these are problems that are affecting their very lives. That meeting did not go as we had hoped, and so some of us have come here today to share those concerns with you. Our great hope and prayer is that the budget that you are considering at this time will reflect the necessary dollars to take care of these issues, which relate to garbage, trash, drugs, lighting, crime, and safety. We have just a few speakers who will now be relating to you their problems, but they will not be repeating their problems, and before they come up, 1 would like all of those who are here from PACT to stand so that you can see that we have great representation. Thank you. Chairman Sanchez: Thank you, ma'am. Sir, good afternoon, welcome to City Hall. State your name and address for the record. Reverend Preval Floreal: Yes, sir. Good afternoon. My name is Pastor Preval Floreal, pastor of Grace Haitian United Methodist Church, and also past president of PACT, People Acting for Community Together. The address is 6501 North Miami Avenue. Commissioners, I'm praying that the budget that you are going to discussing a vote will reflect not only the rich neighborhood, but the poor neighborhood, such as Little Haiti, Allapattah, Overtown, and Wynwood. We are here tonight because we have problem with garbage, drugs, and prostitution, abandoned housing, crime, drainage. People come to church to worship God, and when the services are over, they cannot find their cars. Oftentimes, their cars were vandalized, broken, et cetera. Our children witness such ordeal. Our people are in danger. That's not fair, Commissioners. We are part -- we are Miami, too. (comments not translated) We feel that the City put in more resources for development. We are not against progress and development, but City of Miami Page 6 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 we want to make sure our people getting the fair share, and also, we are not receiving the quality services that the rich neighborhood receive. Last night, in my church, as a member of PACT, we had more -- 300 people registered, but more than that, about 500 people, but we sorry to tell you Commissioners that the City Administrator abuse us and did not carry out the meeting for -- to represent the poor people. I believe that all the public officials are public servant to serve the community, but our people are in danger, suffering a lot in Little Haiti, Wynwood, Overtown, and we need help, and I believe that the budget the City will discuss will reflect us, as the poor, living in such -- Chairman Sanchez: Thank you. Reverend Floreal: -- terrible condition. Thank you very much. Chairman Sanchez: Thank you so much. Yes, ma'am. Belkis Zarate: My name is Belkis Zarate. 1 reside at 13395 Northeast 4th Court, a lifelong resident of the City of Miami. Honorable Commissioners, City Attorney, City Manager, thank you for this opportunity to speak with you here today. As I stand here before you today, I ask that your budget take into consideration the fact that my group, PACT People Acting for Community Together, has made a laundry list of problems that the residents of Little Haiti, Wynwood, Allapattah, and Overtown must deal with everyday. You, all of you sitting up here, represent us. I believe you have offices in your respective districts. I believe you drive those streets everyday, so you know what I'm talking about. We, PACT, those of us that live there, went out and we went to specific locations. We have addresses reflecting activities that are against the law; activities such as prostitution, drug dealing, lack of street lighting, and drainage issues. We live in the shadow of million dollar developments, and we're grateful for that. For a long time, there were no stores whatsoever in these communities, and we're hoping that one day those big box stores will come to us, and along with this new development, there are impact fees. There's a new tax base. We want to remind you that we are Miami, too. We would like for City services to provide for those of us who are not in the million dollar homes, in the million dollar condos, the ones who stayed in the neighborhood, and we kept out the Port of Miami when they were going to expand. 1 don't know if you remember that, if that was before your time, but they were going to take over Wynwood, and we said no, and thanks to us, guess what's going up now? Midtown Miami, right? We all know what that is, and we're in that shadow, but do not forget us. Do not forget the people that have stood there throughout the time. Many of you have grown up in these neighborhoods. You've gone to these high schools. You've gone to those churches. Guess what? They haven't gone away. You may have gone away, but we're still there. As you discuss these budget issues tonight, don't forget we are Miami, too. Chairman Sanchez: Thank you, ma'am. Aureliano Paisan (as translated by Ondina Suarez, official Spanish interpreter): Good afternoon. My name is Aureliano Paisan. I'm Cuban. I am 84 years old, and I've been living in Miami for ten years now, but I can see the lack of lighting that we're having. We can walk 15, maybe 20 blocks, and not see one police officer. A few days ago, I was walking and I was coming from getting some groceries, and because the lack of lighting, I was not able to see there was a -- some kind of a hole on the sidewalk. I tripped on it. If it had not been because there was a car there that I was able to hold myself against, I would have fallen down, so I say to the City Administrator and also to the Commission, to please remember that we're also a part of Miami, and we believe that it is already time that you do something for us. Thank you very much. Chairman Sanchez: Gracias, senor. Sir, good afternoon. Father John Cox: Good afternoon. Father John Cox. I'm the associate pastor at St. Francis City of Miami Page 7 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Xavier Catholic Church, located at 1698 Northwest 4th Avenue, where I also reside. Commissioner Allen, a resident of your district, wonderful to see you again. Other honorable members of the City of Miami Commission, City Manager Arriola, since you are continuing to discuss the City budget and budget lines previously -- and previous items discussed might still be revisited, 1, on behalf of the parishioners of St. Francis Xavier Church, and in collaboration with the other member congregations of People Acting Together for Community, convey to you for awareness that we have identified eight locations where drugs and prostitution are prevalent and posing serious problems; seven abandoned buildings, which drug users and dealers, prostitutes and perpetrators of other crimes are utilizing; nine vacant lots where public garbage dumping is occurring; 16 locations where street lights are not functioning; and two locations where sidewalk and street repair are needed. The current condition of these locations give rise to serious public health and safety issues in our neighborhoods, which, with your help and cooperation, we want to address. Please make sure that sufficient funds are budgeted to the appropriate departments of the City to provide an intensive investigation by the police of the drug and prostitution activity going on in the eight locations we've identified -- and I'm going to provide you with that list -- and an ongoing police presence in these hot spots, and I have particular feeling for the Town Park mini park, which is adjacent to our parish facility. When a blackout occurred of Hurricane Katrina, we were burglarized and were for six consecutive nights recently, and we really need an increased presence of the police in our neighborhood in the hours when we're most vulnerable to crime, that would be from dark to dawn. To investigate the seven abandoned properties we've identified and ensure that they are either boarded up safely or demolished; to clean up the nine garbage dumping sites we've identified and develop an effective written plan that will keep Overtown, Allapattah, Wynwood, and Little Haiti free from trash and garbage dumping; and fix broken lights in 16 locations we've identified and develop a work plan to repair and maintain broken streetlights, and trim overgrown trees that block visibility in our neighborhoods. I, and fellow members of PACT, would like to follow with you, our Commissioners, the progress made on these issues, and we invite you to attend our next community action meeting on November 7, at 7: 30 p.m., when we will discuss these issues again and any progress made. Like permission to approach the bench and present copies of this testimony. Vice Chairman Gonzalez: Hand it to the City Clerk, please. Chairman Sanchez: Sir, make sure you give -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- the City Clerk a copy. If you have -- Vice Chairman Gonzalez: Give them to the City Clerk, please. Father Cox: Thank you. Commissioner Winton: Thank you. Chairman Sanchez: Thank you. Vice Chairman Gonzalez.: Thank you very much. Chairman Sanchez: Good afternoon, Mariano Cruz. It's always a pleasure to have you here. Mariano Cruz: Yeah. I just came here -- came back from being here all day. Mariano Cruz, 1227 Northwest 26 Street. 1 don't come here to complain about my City taxes or anything. I pay -- the assessed value of my home is $22, 000 because I live there 40 years, so I urge people not to sell their house so much, or speculate with house, and keep and stay in your home. Get the City o(Miami Page 8 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 homestead exemption and stay there because at two point something mill, sure, in Key Biscayne, where the house is a million dollar. Look at how much the actual amount of money you pay when you get only $25, 000 in homestead exemption. Twenty-five thousand was OK when you were $50,000 assessed value, but now, look at the value. If sell my home and buy it again, probably I cannot pay the taxes, and I still tell you one thing. I pay more taxes in a month to the federal government than I pay to the City of Miami. I get a lot more service from the City than I get from the federal, but the federal want to get Iraq, maybe, I don't know, Haliburton, all that, but City, I get a lot more, and I'm going to thank here, OK, the Department of Public Works, Stephanie Grindell, (UNINTELLIGIBLE) because they say something and they did it, especially today they told me we will be on 26th Street fixing the sidewalk at 8 in the morning. Before 8 in the morning, they were there, and those sidewalks that were broken, like the gentleman (UNINTELLIGIBLE) an accident waiting to happen. Somebody fell there -- fell down there, how much would it cost the City? A lot of money because I see a lot of those trip -and -fall suits in the City, you know, pay 19, 20,000, without admitting liability because I see -- I receive the agenda. Well, that's taking care of that. Now, the other point 1 wanted to make sure and 1 said before the one thing I resent is the fire fee because I say that's regressive. Why should I pay $61 when a house in Grove Isle, like $2 million, pay $61 too? That's being -- that absurd. Put it -- if you're going to have a fire fee or no fire fee at all because that's out of the question already because we passed that time already, the late '90s when we need that fee, not anymore. I used to pay only property taxes for the service of the City. Now, the only one -- and now I'm going to go. The trash. Trash is fine. I know that the people of the Solid Waste do a good job, but this year, we -- I only pay maybe one trash pile, one only, a year outside there, and I put -- I have an old tool house in the back and put it outside. They say they don't want to pick it up because that's construction material. Maybe now, with the mini dump, we don't need, we can take it there, but at the time, you know, so I had to pay $40. (UNINTELLIGIBLE). I pay 325 plus $40 for my solid waste every week, and you know, if that is construction material, you cannot put sable palm fronds out there because you use that for the roofing material for the Tikis. You know, you see those Tikis being built; they use palm fronds, right? So that's construction material, too, so (UNINTELLIGIBLE). Come on, I only put one pile a year. Pick it up. Avoid me coming here and telling you because that's what they did. Oh, this is construction material, blah, blah, blah, and I bet -- I can't prove it -- that they pick up construction material from other people. You know, it's very hard to prove, but you know, eventually, I prove it. Well, like I said, I do not complain about my taxes, the service are OK. I like to live in the City, and people complain about the City, they can go to another city and see what they get for what they pay. Chairman Sanchez: Thank you. Any other speakers? On the millage. Joe Simmons, Jr.: Yes. Chairman Sanchez: Let's focus on the millage. Mr. Simmons: Yes. Good afternoon, ladies and gentlemen of the Commission, members of the public. My name is Joe Simmons, Jr. I'm here on behalf of the sanitation workers of the City of Miami, which 70 percent of our members are City residents. 1 would like to urge the Commission today to pass legislation that would be adequate in order to fund an equipment replacement plan. We're sick and tired of working in substandard conditions with substandard equipment. A lot of the equipment we operate is outdated by seven years. The average life on the equipment -- useful life of the equipment we operate is seven to ten years. We've got equipment 13 and 14 years old. We serve the public. The residents of Miami deserve better than they've been receiving. We have people that are literally frustrated be can't -- because they can't go out and serve the citizens. We have equipment breakdowns on a daily basis. We would ask that the City Commission do an analysis on our equip -- on our fleet. Do a full analysis on the fleet and identify an equipment replacement plan. Not only that, but we have substandard benefits in our contract as it relates to the employees of the Solid Waste Department. I'm a resident of the City. I'm a homeowner. I enjoy the level of service that I receive as a resident, City of Miami Page 9 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 BH.3 05-00926b Office of Strategic Planning, Budgeting, and Performance and we want to continue the level of service. It's great; it's the cheapest in the state. You get more bang for the buck as a City of Miami resident; five services a week, which is excellent, and we just urge the Commission to allocate enough funding in order to replace our equipment in a more timely fashion. Too many times we see that other departments are funded properly. We have, at any given time, 50 or 100 brand-new police cars, constantly, that are on our compound. We ask that the City invest in new equipment, better equipment. The equipment we have has been patched; it's been painted, and it's not working. We don't have air conditioning. I mean, you're in Miami. This is 2005. Slavery was abolished 140 years ago by presidential -- President Lincoln, and we don't want to give the appearance as Miami being the poorest city in the country and treat its own employees of the Solid Waste Division substandardly, so 1 urge the Commission to take that into consideration because we do serve the public. Thank you. Chairman Sanchez: Thank you. Is there anyone else to speak on BH.1, which is a discussion item? If not, let's go to BH.2. All we need is an -- it's an ordinance on second reading. Let's have -- is there a motion to approve? Vice Chairman Gonzalez: Move to approve. Chairman Sanchez: There's a motion by approve -- there's a motion to approve BH.2, which is an ordinance on second reading, approving the millage -- Commissioner Winton: Second. Chairman Sanchez: -- from October I, 205 [sic] and ending September 30, 206 [sic]. There's a second by Commissioner Winton. The item is open for discussion. Hearing no discussion on the item, Mr. City Attorney, could you read the ordinance into the record? Rafael O. Diaz (Assistant City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Sanchez: For the record, the public hearing was close -- opened and closed on that item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. 05-00926b Legislation.pdf 05-00926b Exhibit 1.pdf 05-00926b Summary Form.pdf 0 5-00926 b-Submittal . p d f Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 10 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0586 Chairman Sanchez: And we move on to BH.3, which will be a presentation by the Planning, Budget, and Performance. Larry Spring (Chief Strategic Planning, Budgeting & Performance): Thank you, Commissioner. Again, I'm happy to be before you presenting the final proposed budget for your consideration. For the purpose of getting into the public hearing portion of the meeting, I'll be limiting my presentation to the changes that have occurred since the first public hearing. Before I get into the actual changes, I wanted to reiterate a few points, very important, about the assumptions used to arrive at our final proposal. Again, we've achieved a structurally balanced budget. The final proposal provides for a reduction in the tax millage and a 25 percent reduction in the fire fee. We continue our commitment to investing back into our capital infrastructure and enhancing our level of service for our citizens. Finally, this Commission should also know that we continue to utilize the strategic objectives established by this administration to guide our resource allocation decisions. The total recommended appropriation for the year -- fiscal year 2006 is now $491.8 million, which is approximately $200,000 more than the previous recommendation at the first hearing. That would put us at approximately $31.6 million, or 6.8 percent increase over our amended 2005 budget. Again, this increase is largely attributable to the significant growth in the tax base, and we have -- that we've experienced as a result of all the development occurring in the City. Conversely, the expenditures in the upcoming fiscal year continue to be impacted by the increasing pension obligation, additional contributions to capital, and strategic initiatives from the general fund have been significantly increased to address the completion of the ERP (Enterprise Resource Planning) and land management system, and the continuation of Miami 21. However, in order to balance the additional reduction offire fee from the last meeting, some of these contributions were slightly reduced. Very quickly, we'll review those changes from the prior hearing. Of course, as this Commission knows, we reduced the fire fee by an additional 15 percent, to $46 per single family unit, and of course, the corresponding reductions in the multifamily/commercial/industrial unit fees. We have adjusted our recommendation for general fund contribution for the Model City Trust to 616, 000, and this is pursuant to an agreement with the Trust regarding (UNINTELLIGIBLE) plan. We also adjusted our recommendation for the general fund contribution for the Virginia Key Beach Trust by 90,000 to approximately $990,000. These additional dollars would facilitate the Virginia Key Beach Trust's staff relocation to the park site for operations, and finally, we added one additional FTE (full-time employee) to the Office of the City Attorney. This position would facilitate our labor -- ongoing labor negotiations. As required by the City's financial integrity principles, we've conducted a budget estimating conference. The purpose of the conference was to allow at least two outside financial professionals, with government budget and financial experience, the opportunity to review and comment on the budget assumptions used to develop this budget proposal. A copy of the estimating conference report was sent to your office earlier today, and I hand -delivered one to you on the dais this evening. The highlights of their comments included, they recommended that we utilize a more aggressive revenue forecasting models, and commented on the general level of conservatism that was used in preparing our budget proposal. In addition, they recommended that we review all the factors that impact our actuarial calculation of the pension liability and develop a methodology to fund the unfunded por -- the unfunded liability, which is approximately 313 million, between the two pension plans. Vice Chairman Gonzalez: Larry -- sorry to interrupt you. How much is the liability? Mr. Spring: The unfunded, approximately 313 million. Chairman Sanchez: It went up, right? Mr. Spring: The increase from last year -- I can't answer that specific question. I'm just looking City of Miami Page 11 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 at the actuary report that was presented for this fiscal year. Vice Chairman Gonzalez: You said $313 million? Mr. Spring: Three hundred and thirteen million between the two trusts. The committee also questioned the timing of the millage and fee reductions, given the anticipated use of fund balance, which is approximately about 25 million from the last hearing, and -- but overall, the committee felt that sound budget assumptions have been utilized, and a good strategic approach in developing this budget proposal. I would like to put on the record, and I would like to thank all the committee members for their time and effort. It absolutely adds value to our budgeting process and makes it more transparent. Quickly, in summation, just wanted to reemphasize the fact that this budget proposal addresses -- again, addresses the City's strategic needs and priorities. We continue to focus our intentions -- our attention on improving processes and service delivery. We continue our -- to fulfill our commitment to reducing taxes, and the burden, the tax burden on our citizens, and we continue to strive to reach our vision of an international city that embodies diversity, economic opportunity, effective customer service, and a highly -rated quality of life. Thank you. Chairman Sanchez: All right. This is a resolution that requires a public hearing. Before we do that, let's have a motion and a second. We'll open it for discussion, and before we do that, we'll open it up for the public. Let's -- so let's get a motion. Vice Chairman Gonzalez: Motion. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. Before we open it up for discussion, resolutions, when it's a budget hearing, requires public hearing, so therefore, for the record, the public hearing is opened. I believe some individuals that came up and spoke on the issue addressed the budget. This was the item that they were supposed to be talking or expressing their concerns, so is there anyone that would like to come up and address this issue? If not, seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. At this time, it is open for discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. On the last Commission meeting, Larry, we discussed the additional firefighters. I guess that everybody knows that because of the development, we need more services, and of course, what we heard here, it's more police and more publics works and solid waste, the need for new equipment, but also firefighters. There was a national debate just recently with Katrina and Rita, and the bottom line of the debate is that the federal government, FEMA (Federal Emergency Management Agency), is not and will never be a first responder, so municipalities are the first responder. On the first budget proposal, there was zero increase from the general fund because we were hoping for a grant to hire more firefighters, although we placed money to hire more police officers. When would we know about this grant? Mr. Spring: The -- actually, the anticipated date, I believe, is next month, but I'll let the chief respond. Chief William Bryson: Chief Bryson, Miami Fire -Rescue. Commissioner, we found out today -- one of my captains called to make sure we were looking at what date. We found it won't be until the end of October, and that's not concrete. That's what they're telling us. City gfMiami Page 12 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Commissioner Regalado: OK, so how much money do we have in the strategic initiative? Mr. Spring: We are proposing an additional million dollars -- Commissioner Regalado: For the -- Mr. Spring: -- for strategic initiatives this year. Commissioner Regalado: -- for strategic initiative -- Mr. Spring: Yes. Commissioner Regalado: -- and, excuse me for being dumb, but what is an strategic initiative? Mr. Spring: A strategic initiative are those programmings [sic] that we invest dollars in to help facilitate additional tax base or efficiencies. A prime example would be the Miami 21, the ERP, the land management system, a lot of the blue-ribbon initiatives that were put forth to this Commission some years ago, as well. Commissioner Regalado: OK, but don't you think that there is nothing more strategic than the safety of the residents of the City of Miami? Mr. Spring: I would agree that the safety of our citizens -- Commissioner Regalado: Of course -- Mr. Spring: -- is extremely -- Commissioner Regalado: -- you would, and everybody would, so I would ask to, as a provisional measure, place in the budget that million dollar for strategic purposes in the future budget of the Fire Department. If we do get the grants, comes back to the strategic initiatives so we can continue with all the good things that you mentioned, but if we do not get the grant, then we need to be moving because the development is faster than the ratio of growth of the Fire Department, so I am prepared to ask my colleagues to amend this budget, just a simple transfer from one good cause account to the strategic need of the City of Miami, which are the safety of the residents, and then we won't have any problems because if we get it, it comes back; if we don't get it, then we don't have to worry about it because it kicks immediately, and we can move on with this real need of have more firefighters. A resident, Don Deresz, mentioned something that it needs to be taken into account. We are just falling into a cycle of large activity. Today, William Gray, the guru of hurricanes, as we all know, from Colorado University, said that it's not about global warming. It's not about, you know, sun warming or anything. It's about cycles, and we are just falling into the second year of a ten-year cycle of huge activity in the tropics, so 1 would plead with my colleagues to support this provisional measure. If FEMA and Homeland Security give us the grant -- Homeland Security, I should say -- then goes back to strategic initiative. Mr. Spring: Might I -- Commissioner, might I proffer a second alternative? Commissioner Regalado: Any alternative that will bring safety to the residents of the City of Miami is welcomed, at least by this Commissioner. Mr. Spring: City Manager -- Commissioner Regalado: I'm sorry. Gty ojMiami Page 13 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Mr. Spring: Let it go, let it go. Never mind. Commissioner Winton: Are you making a motion? Commissioner Regalado: I am making a motion to transfer $1 million to -- from the strategic initiative account as a provisional account in the Fire Department budget until we get the grants. If we get the grants, the million dollar goes back to the strategic initiative. If we do not get the grant, the million dollar will be used immediately to start the process of hiring more firefighters. That would be my motion. Vice Chairman Gonzalez: Excuse me, Commissioner Allen. Commissioner Allen: Yes. Vice Chairman Gonzalez: So, what you're proposing is that if we don't get the grant, then all the other initiatives that we have been working on be suspended? Commissioner Regalado: No. Commissioner Allen: Well -- Commissioner Regalado: We can find -- look, if we just found $616, 000 for the Model City Trust, we can certainly find money to finish Miami 21, but I think that the safety of the residents of the City of Miami is paramount when you compare to whatever we are doing, and by the way, Miami 21 is being funded already. That's my understanding, unless we haven't paid the bills to the -- Mr. Spring: That's been partial funded, my understanding. Commissioner Regalado: -- goddess of planning, so -- Vice Chairman Gonzalez.: All right, so that's your motion. Commissioner Regalado: Yes. Vice Chairman Gonzalez: OK. We have a motion the floor. Do we have a second? Before we continue the discussion, because if we don't have a second, then the motion dies -- Commissioner Allen: Right, because -- Vice Chairman Gonzalez: -- and then we can continue the discussion in, you know, other aspects, so we have a motion. Is there a second to the motion? Is there a second to the motion? Motion dies. OK, you're recognized, Commissioner Allen. Commissioner Allen: Well, frankly, Mr. Vice Chairman, I was a bit confused by Commissioner Regalado. I, frankly, did not understand what you were requesting. It seems you were doing -- you were requesting a line item exchange or switch out? Commissioner Regalado: Yeah. Vice Chairman Gonzalez.: Correct. Commissioner Allen: Right. City ofMiami Page 14 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Commissioner Regalado: I was requesting a line item exchange in case -- Commissioner Allen: All right. For example, what we currently have allocated for the upcoming year in strategic initiatives is a total amount of how much, Larry? Mr. Spring: It's a million dollars. Commissioner Allen: How much? Mr. Spring: A million dollars. Commissioner Allen: OK, so you want to exchange that million, a million dollars, and place it in which category? Commissioner Regalado: The Fire Department -- Commissioner Allen: Fire Department -- Commissioner Regalado: -- until we get -- Commissioner Allen: -- until we receive -- Commissioner Regalado: -- the grant. Commissioner Allen: -- the grant, right. Vice Chairman Gonzalez: But if we don't receive the grant? Commissioner Regalado: But if we do not receive the grant, it kicks -- Commissioner Allen: Right, but 1 guess my question is, you're requesting that exchange or change out because we have some immediate concerns relative to first responder issues? Commissioner Regalado: Right, absolutely. We have -- not only to first responder issues, but to the fact that the Police Department is growing and the Fire Department has not grown one person unless we get this grant, so my offer is, well, let's keep with the planning. It wasn't me who said we needed so many firefighters. It was the Fire Department, the Administration, but we are counting on the grants. I say, if we get the grants, happily, we send back the money to strategic initiatives. If we do not get the grant, then we hire what the professionals, not Commissioner Regalado, say that we need in the Fire Department for the safety of the residents of Miami. I'm just saying, let's do the work ahead, and 1-- you know, if I don't get the support, I don't get the support. However, I will tell you, / am in the news business, and I have to read and listen because my colleagues do other jobs, so my job is just to be informed because I have to inform. It is getting very difficult, with Homeland Security and the funding for the Katrina and Rita recovery. We all saw what FEMA did. They have -- they will not fund the individual complaints, 350 complaints in Miami -Dade County, including at least 40 in the City of Miami, of people with no insurance, whose houses were destroyed or affected by Katrina. Commissioner Allen: Well, if I could -- Vice Chairman Gonzalez: All right. Commissioner Allen: -- just quickly comment. I understand what you're saying, Commissioner Regalado, and I accept what you're saying, but 1 think that would require a further analysis, what you're proposing, on my behalf, so having said that, 1 understand, and I'm just not in favor City of Miami Page 15 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 of that suggestion at -- Vice Chairman Gonzalez: All right. Commissioner Allen: -- the moment. Vice Chairman Gonzalez: Mr. Chairman, you're recognized. Chairman Sanchez: Thank you, Mr. Vice Chair. Let me just explain why I didn't second it for the sake of balancing and harmony in this Commission. It's all about fiscal responsibility. 1 am in the forensic accounting business, and I could tell you that what got this City in trouble many years ago was playing the shell game, stealing from Peter to give to Paul, and that concerns me, when we're at the last minute of a budget, which we have a tremendous responsibility, not only by state law, but our constitutional duty to pass a balanced budget and make suggestions such as this one, it concerns me. Having said that, as the budget's projected, and we talk about growth in the City of Miami and we anticipate growth, and growth is going to continue to grow because every other city is growing. What we need to be focusing on is maintaining the level of service that we have throughout the City and improving it in many ways. When you look at the new positions that are being budgeted here and authorized, there are 20 new additional sworn police officers for the Police Department. In the FY fiscal year) 206 [sic] budget, we are hiring 16 full-timers in the Public Works Department, and we realize that with what we've been doing in parks, with the new facilities that we're adding on to the parks, and I'll give you two example. You have Jose Marti, which is one of my parks, and then I'll use one that's not in my district. You have the water theme parks. Those are going to be parks that are going to require services, just like every other area that we span out in our city and we continue to grow, we're going to have people that are going to have to pick up more garbage. We're going to have more maintenance people that are going to have to cut grass. We are going to have to have more people that'll cut down the trees, and boy, did we learn a lesson in this hurricane, in these both hurricanes; that if we're not prepared to have our trees trimmed with the proper staffing, in the long run, it's going to cost us money, and it's going to be a great inconvenience for our residents because they're going to be without electricity, instead of two days, four or five because we may not be adequately prepared for tree trimming. That's just one of many examples that I could use here, but let me focus on what this budget is all about. This budget is all about us passing a balanced budget. If you look at this budget, the total general fund budget that we are passing here today is $499 million -- .7 million. The budget is a 6.83 percent increase; that's $31 million amended from FY 205 [sic]. That's the difference that we've been able to increase. The fire fee, which is very important because I want to emphasize -- I think we need to emphasize on the pros and the cons here. We have been able to reduce the millage in the last seven years. This year's reduction is a reduction of.24? Mr. Spring: Yeah, .214 and .178 in debt service. Chairman Sanchez: Now, let me ask you a question. What's a full mill, about 27, 24 million? Mr. Spring: It would be close to 27 million -- Chairman Sanchez: 27 mill -- Mr. Spring: -- probably about 20 -- 26. Chairman Sanchez: So, in the last seven years, we've brought it down from 10, which is the maximum you could have by state law, to what it is today. I think that's significant for a city. I had a -- the gentleman came up and compared us to other cities, but you can't compare. It's like comparing apples to pineapples and oranges to bananas, in many ways, but we have been able to reduce the millage. We have taken a 25 percent reduction of the fire fee, which is significant, City of Miami Page 16 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 and we have a commitment from this legislative body to, in the next four years or three years, completely do away with it. That is a commitment that has been made. We haven't passed legislation on it. We also committed for a 325 on our garbage fee, and if you compare them to other cities, believe me, we have the Cadillac of -- we have the Cadillac and we're paying Volkswagen rates, so we could stand up here and say that we want to reduce fees and we want to do this and do that, but if we don't have a solid plan of action to do it, believe me, ladies and gentlemen, as I sit here and 1 speak to you, we will end up, whether it's two, four, or six years from now, in a very awkward situation that we were years ago, when we were at the verge of bankruptcy. There's a lot of storms that are brewing ahead in the future of this city. We need to be aware. We need to be alarmed. Three hundred and thirteen million dollars of unfunded liability on pension. Wake up and smell the coffee. Whether I'm here as a Commissioner or not, somebody's going to have to deal with that, and at the end of the day, I hope it's not the taxpayers, like we did years ago, where we went back out and we reached into everybody's pockets to build this city out, so our city is a healthy city today. Revenues have come in, 28 percent increase; $34 million coming in ad valorem tax. That is good for our city. To do away with planning for a city that's growing, that's like putting landmines in front of your steps, and before you take steps, setting up a minefield without marking those mines, and that's of a great concern that we have. This budget is a good budget for this city. It is a balanced budget. It is a fiscal responsible budget, and the beauty of it is that, every year, we're able to address these issues, and we have legislation to protect that on the anti -deficiency. That was one of the greatest things that Commissioner Teele ever presented to this Commission was the anti -deficiency that allowed the Administration not to have the opportunity to, halfway during the year, change from one department money to the other or play the shell game. That's what we don't want to do here. We don't want to get into -- that creates the opportunity for people that are watching us and the taxpayers to say there isn't accountability; there isn't transparency. There is, you know, playing of games and changing of funds all over, and this is the beauty of a public hearing in a public format where we, by law, are required to pass a budget. Comparing today to years ago, this was a circus when it came to budget, and I was here in one year where we stayed till 4:15 in the morning, 4:15 in the morning debating a reduction on all the departments, and still, I remember that very few departments, and I believe one of them was Madam Clerk's department -- you were not here Madam Clerk -- but he decided to take a cut, so Commissioner Regalado: And parks. Chairman Sanchez: -- and parks, and having said that, if you compare our budget today to parks', parks -- Commissioner Regalado: And it was because of you because you parade all the department directors, 1 remember. Chairman Sanchez: 1 was hated because we -- Commissioner Regalado: I know -- Chairman Sanchez: -- were broke. Commissioner Regalado: -- and we were here, we were here. Chairman Sanchez: We were broke, and we needed to find ways to cut our expenses, but if you look at this budget and you see the increase of this budget, it is a good budget for the City, and 1 think that today, we will pass this budget and we'll gear up, and we'll face the many challenges that come ahead of us. We will meet this challenge, unite ourselves. It's hard to get everybody at the table, but we need to get everybody at the table to make sure that we do save the goose that lays the golden egg, and that is the City of Miami. Thank you. City of Miami Page 17 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Vice Chairman Gonzalez: I'll come back to you, Commissioner Regalado. Commissioner Winton, any discussion? Commissioner Winton: No. Vice Chairman Gonzalez: OK, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. 1 just want to set a little record straight, because I've heard words like responsible and transparency and all that, and I am troubled by it. The Chairman said that, at the last minute, on this budget, I come up with this change from one place to another. I want to understand, if this million dollar is going to be used to pay what we owed for what we're doing now in terms of Miami 21, or if I distinctly remember, Larry -- and maybe my colleagues missed it -- is that you said that the million dollar will be used to fund initiatives like Miami 21. Mr. Spring: Well, when 1 gave you my briefing, 1 told you Miami 21; you also have Virginia Key Master Plan that's in there; I think, Waterfront Master Plan, as well, so -- Commissioner Regalado: OK. Mr. Spring: -- like Miami 21. Commissioner Regalado: Like Miami 21, so it doesn't mean that if we use that million dollar, we stop Miami 21. Mr. Spring: No. Commissioner Regalado: Does that mean that? Mr. Spring: No. Commissioner Regalado: OK, so that's the record straight. The other thing is that this was a last minute because I do like everybody does; in the second budget hearing, we all bring ideas and sometimes we modify. Actually, this million dollar was there. What wasn't there on the first budget hearing and it's, Mr. Chairman, on the last minute, is $616, 000 for the Model City Trust, so I would ask the Chairman, why -- as the Chairman, are we going to debate this? Mind you, I'm for it. I understand that they have to move forward, but at the first budget hearing it was zero; today, we have sixteen thou -- sixteen hundred thousand dollars. Well -- so, I just don't understand if you're referring to this instance. Chairman Sanchez: Sir, you have the power to debate any item you want on this agenda. Commissioner Regalado: No, no. 1 mean -- because you said "at the last minute." Well, at the last minute, we are getting this, and I feel that I was trying to just make sure about the safety of the people. Didn't get a second, fine. You know, one is a lonely number, as they say, so it's all right. It's a great song. Commissioner Winton: (INAUDIBLE) great song. Commissioner Regalado: It is a great song, and so I'm ready to continue. We'll move forward and discuss the issues. I would pray that I would never have to say "I told you so." Vice Chairman Gonzalez.: All right. I'm just going to make one comment in reference to your statement, your presentation, and that is that you said that the Police Department is increasing, City of Miami Page 18 Primed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 and you didn't necessarily said that the fire department was decreasing. As far as I know, the fire department haven't lost anybody, so -- Commissioner Regalado: No, I didn't say it was -- Vice Chairman Gonzalez: Have they lost any members? Commissioner Regalado: No, no, no, no, no, no. Mr. Chairman, I did not say it was decreasing. 1 said that the Police Department -- Vice Chairman Gonzalez: But you said that -- Commissioner Regalado: -- was increase -- Vice Chairman Gonzalez: -- the Police Department was increasing -- Commissioner Regalado: In terms of officers. Vice Chairman Gonzalez: -- and that is -- in term of officers -- not correct because the Police Department, I don't know how many officers -- they have lost probably -- Commissioner Regalado: No. I mean, this budget -- Vice Chairman Gonzalez: -- 300 officers in the last two years -- Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman -- Vice Chairman Gonzalez: -- and we're not hiring. Commissioner Regalado: -- this budget has 26 -- Chairman Sanchez: Vice Chairman, you have the floor, and if you want to yield to Commissioner Regalado -- Commissioner Regalado: No. I just say, I'm looking -- Chairman Sanchez: You yield? Vice Chairman Gonzalez: No. Commissioner Regalado: -- at this budget, 26 -- Chairman Sanchez: You have the floor. Vice Chairman Gonzalez: Yeah. Go ahead, go ahead Commissioner Regalado: No. 'just -- how many new officers are we going to hire with this budget? Mr. Spring: This fiscal proposal has an additional 20 officer positions. Commissioner Regalado: That's what I said. City ofMiami Page 19 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Vice Chairman Gonzalez: Twenty police officers. Mr. Spring: Twenty police officers. Commissioner Regalado: That's what 1 said. Vice Chairman Gonzalez: How many police officers have we lost in the last two years? More than 200 officers, so if we lost 200 -- I don't know if the math hasn't changed. If we lost 200 and hire 20, we have a decrease of 180 officers, and to me that's very, very troubling. To me, that's a serious concern, because we have a problem of security. We had -- we just had some citizens here. We just had some citizens here complaining about prostitution problems, drugs, and so on, and so on, and so on, and let me tell you, the service is decreasing and I cannot blame the Police Department; 1 cannot blame the chief. We have a problem, and we have to be adults to recognize, and that includes everybody. That includes the police chief. That includes the deputy chief. We have to be adults and we have to recognize that we have a problem, and I don't know why we cannot recruit officers, but when we go to the extent that we eliminate one unit, OK, which is the car unit, the robbery of cars, or whatever they call it; the stolen car unit, OK, and I have an article that came out in one of the insurance major news magazines that says that that is going 10 affect the cost of insurance for cars in this city. That really concerns me. It concerns me because of the security of our neighborhoods and our residents. It concerns me because not only the gas is going up, not only the rents are going up, not only the water's going up, but now insurance is also going to go up, so we have a problem and we have to realize that we have a problem, and maybe we, as the Commissioners, can assist. Somehow, we can assist. I'm willing to work with anybody; with the chief with the deputy chief with all the Mayors, with everybody to find a solution, but we need to find a solution. We cannot afford to continue to lose police officers at the rate that we're losing them, and let me tell you, mind this, we're losing officers with many, many years of experience. It takes at least 18 months to have one officers ready to be patrolling out on the street by himself so if we had it now, that means that we -- that officer won't be ready to be out there for 18 months, and that's troubling, that's troubling, and it is a reality. Many people won't like to hear that, but listen, it's tough, it's tough. I have to sit out here and listen to the people when they stand at that podium and tell me things that I don't like to hear, but they are true and I have to admit that they are true, and 1 have to take it, and 1 have to try to find a solution to their problem, and that is a serious problem. Now, to say that the Police Department is growing, that's not a fact. The Police Department is going down and down and down and down, and as a joke, many times I said, maybe -- pretty soon we're going to have to call the Boy Scouts to come over and take over the security of the City. Boy Scouts, OK, so that's a fact. Chairman Sanchez: All right. Any further -- Joe Arriola (City Manager): You want me to clarify something for the Commissioner because he's one hundred percent right, just to dart& a couple things. We are 39 policemen short, and one of the reasons that we've asked for this money is, as you know, we're having -- we're losing more, so the idea would be with this money -- I'm not saying that we could do it, but I'm saying, you know, what our goals will be, not only to replace the 39 by hiring 20, so when we have more losses to be covered -- because, as you said, it takes 18 months. It's not --1 mean, we just -- can't just hire a policeman and put him to work. You're one hundred percent correct. Vice Chairman Gonzalez: Let me tell you, I commend the work that the Police Department is doing with the manpower that they have -- Mr. Arriola: Yes, sir. Vice Chairman Gonzalez.: -- and 1 said it after the storm. You can say all you want, but the policemen were out there working 16 hours a day directing traffic; the firefighters were out there City ofMiami Page 20 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 working also a hundred percent; and I have to commend the work that the Police Department is doing, but they are short in people, and there has to be a way --1 even suggest, why don't we start hiring people as service aides so they can do tickets. They don't have to be sworn police officers to write a citation. They don't have to be a police officers to direct traffic. They don't have to be a police officers to write an accident report. All of that can be done by a service aide. It's a lesser cost to the City. It's youngsters that we may bring into the system, and later on, who knows, those might be our future officers, but we have to find a solution. We have a deficit; we have a problem, and if we don't take action on that, we're going to have serious problems. You're concerned about a hurricane coming in and not having enough firefighters? You wait until we start having the looting, and we start having all the other problems that are happening in other cities. We're going to see whose going to have to respond. We're going to have to call the National Guard to take over the City. Chairman Sanchez: All right. Any further discussion on the item? If not, it's a resolution. We're on BH.3. The public hearing was opened and closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. BH.4 05-00928 DISCUSSION ITEM Downtown DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET Development FOR THE DOWNTOWN DEVELOPMENT AUTHORITY Authority PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE TWENTY AND 83rdPERCENT (20.83%) SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: PURPOSE: DOWNTOWN ECONOMIC DEVELOPMENT PROGRAMS COST $ 581,593 100 CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS COMMENTS REGARDING THE PROPOSED MILLAGE INCREASE AND EXPLAINS THE REASONS FOR THE INCREASE OVER THE ROLLED BACK RATE. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE BUDGET, IF NECESSARY 2.RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY 3.PUBLICLY ANNOUNCE THE PERCENT BY WHICH THE RECOMPUTED PROPOSED MILLAGE RATE EXCEEDS THE ROLLED BACK RATE 4.ADOPT THE FINAL MILLAGE RATE 5.ADOPT THE FINAL BUDGET 05-00928 Discussion Sheet .pdf City ofMiami Page 21 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 BH.5 05-00928a Downtown Development Authority DISCUSSED Chairman Sanchez: All right, BH.4 is a discussion item. Commissioner Winton: So move. Chairman Sanchez: This is the DDA (Downtown Development Authority). Could you just put something in the record? Vice Chairman Gonzalez: Second. Mark Spanioli: Good evening. Mark Spanioli, Miami Downtown Development Authority, 200 South Biscayne Boulevard. Budget Hearing Item Number 4, discussion of proposed millage rate and tentative budget for the Downtown Development Authority. Percentage increase in millage over rolled back rate, response: 20 and 83 percent. Specific purpose for which ad valorem tax revenues are being increased, response: purpose: Downtown Economic Development programs; cost: $581,593; one hundred percent. Chairman Sanchez: That's it. All right. It is a discussion item, under a public hearing because of the budget. The public hearing is open. Is there anyone from the public wishing to address this item, please step forward and be recognized? Chief you're not going to speak on this, are you? I figured not. All right, the public hearing is closed, coming back to the Commission. Any discussion on the item? If not, I guess we vote on -- we voted on BH.5. It's an ordinance on second reading. Vice Chairman Gonzalez.: Read the ordinance. Chairman Sanchez: No. We just -- we need a motion and a second. Vice Chairman Gonzalez: It was moved by Commissioner Winton and seconded -- Chairman Sanchez: No. This -- Commissioner Winton: Oh, did you do 4, or we're doing 5? Chairman Sanchez: No, no. You -- for the record, we did 4, but it was just a discussion item. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI ("CITY"), FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR 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 City o/ Miami Page 22 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00928a Legislation.pdf 05-00928a Exhibit.pdf 05-00928a Summary Form.pdf 05-00928a Previous Legislation 1.pdf 05-00928a Previous Legislation 2.pdf 05-00928a Previous Report.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen BH.6 05-00928b Downtown Development Authority 12737 Chairman Sanchez: So, just for the record again, just make the motion again. Commissioner Winton: So move. Chairman Sanchez: Motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. It is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. If not, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF MIAMI, FLORIDA ("CITY'), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; AUTHORIZING THE DDA TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS RESOLUTION BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE RESOLUTION MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, FOR THE OPERATIONS FOR THE CITY. City o/Miami Page 23 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 05-00928b Legislation.pdf 05-00928b Summary Fomi.pdf 05-00928b Pre Legislation .pdf 05-00928b Pre Legislation 2.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0587 Chairman Sanchez: All right. BH.6 is a resolution. Commissioner Winton.: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second, for the record. All right. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It is a resolution. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BH.7 05-00936 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE PROPOSED ANNUAL PLAN AND Revitalization BUDGET OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT District Trust TRUST ("TRUST") FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, ATTACHED AND INCORPORATED. 05-00936 Legislation.pdf 05-00936 Exhibit.pdf 05-00936 Cover Memo.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0588 Chairman Sanchez: And we move on to BH.7. BH.7 is a resolution, and that is the Model City Community Revitalization District Trust. All right. How do you want to do this? Larry Spring (Chief Strategic Planning, Budgeting & Performance): They're presenting their own budget. Chairman Sanchez: They're presenting the budget? Mr. Spring: Yeah. City ofMiami Page 24 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: OK. Let them present the budget; there'll be a motion and a second; we'll open it up for the public hearing, then we'll bring it back to the Commission for a final vote. Patrick Range, Sr.: Good evening, Commissioners, Chairperson, Manager, and Attorney, our own Commissioner Allen. We had presented a budget -- Chairman Sanchez: Sir, could you please state your name and -- Mr. Range: I'm sorry. Chairman Sanchez: -- address for the record. Thank you. Mr. Range: Patrick Range. 1 am chairman of the Model Cities Trust. My address, 6727 Northwest 17th Avenue. The budget for the proposed year of the -- of 2006 has been presented to you in the total amount of $616, 031. I stand here to, first of all, thank you for the opportunity to present this budget, and secondly, to express for the Model City community that this is a project that has, as you are aware, been under way for the past -- a total, I think, of approximately five years. We have been faced with a lot of difficulties. We have made a lot of accomplishments, some of which -- I just need to get my papers together -- In this past year, we have secured over a million dollars in grants and awards for environmental remediation; we've completed eight new construction single-family projects or homes, and three rehabs of single-family homes, which are presently before closing agents for closing. We've identified approximately 135 qualified families for homes; conducted three home fairs to build demands for housing products in the Model Cities area with 40 participants and summer leadership and professional development programs. Gentlemen, we present this to you as a very vital part of one of the communities of Miami, a community which has gone, in the past, desiring and needing help from the City; has been an integral part of the community, but yet and still, we have had very much difficulty in actually bringing this program to fruition. 1 come asking that you would be mindful of the needs of this community, and that you will move on this budget to pass it. We've had difficulties, but with your help, I feel that we can move on at this point, and I ask you to be kind in passing something that is very needed for the community. Chairman Sanchez: Thank you, sir. Before -- you're presenting the budget, is my understanding. Mr. Range: Yes. Chairman Sanchez: Let's go ahead and have a motion and a second. Commissioner Allen: Great. Commissioner Winton: So move. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is a resolution. Before we open it up for discussion, let's open up the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I live in the City of Miami. I pay taxes in the City of Miami. I'm also vice chairman ofABDA, Allapattah Business Development Authority; we do affordable housing and the whole -- but I am also member of the Homeland Defense Advisory Board, and I sit there, that place over there, and people from the Trust have come in front of us several times now asking for more money (UNINTELLIGIBLE), and one of Gay ofMiami Page 25 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 the questions I ask the last time they were is what have you built affordable? They have to tell me nothing, nothing, and 1 went there before I came here, before I came to the meeting, and check out on 12th Avenue, on 13th Avenue, because I live 12 and 26, so it's in my neighborhood. I don't live in Pinecrest or the (UNINTELLIGIBLE). See, like I say, I don't mind monies going to Trust, whatever, if they do what they supposed to do. They're asking money for the poor, use the money for the poor, and that money go to what, salaries? Federal funds? Cars? The whole thing. What is what you built? You don't have to be a brain surgeon to build a house. I mean, that's (UNINTELLIGIBLE) construction, whatever, and do it. It's very simple to do it. You get -- follow one, two, three, four step; that's all. Get a permit; do it, but take five years to build -- ? No, that's (UNINTELLIGIBLE). I don't want to. Well, how about the other CBOs (Community Based Organizations), like our CBO, which, by the way, I donate my time. It cost me money to belong to ABDA, cause I had to get -- take time off from my work, that cost me the overtime to be there, OK, and that's it. 1 told them, I said to the community, and one thing 1 see, why don't -- we are not funded by the general budget, instead of getting community development and all that, went begging there Barbara, whatever, for money. No. We can be funded by the general fund, too. Sure (UNINTELLIGIBLE) we ourselves, we reach Allapattah Business Development Authority Trust (UNINTELLIGIBLE) that shouldn't be because that's our money. That's my tax money, too, and I live in the City of Miami, so whatever happen in Liberty City concerns me -- Commissioner Winton: Next. Mr. Cruz: -- because I live too close to Liberty City. Chairman Sanchez: Thank you. Mr. Cruz: Thank you. Fernando Gonzalez: Good evening. My name -- Chairman Sanchez: Good evening. Mr. Gonzalez: -- is Fernando Gonzalez. I come -- I am here representing the Little Havana. I live in Little Havana for almost 32 years. We belong to a community organization, Neighbors in Action, Vecinos en Accion, working very hard -- Chairman Sanchez: Fernando -- Mr. Gonzalez: -- in the community. Chairman Sanchez: -- state your name and address for the record. Mr. Gonzalez: Yeah, my name is Fernando Gonzalez, 128 Northwest 18th Avenue. Since I'm here, I only hear negative things about the government of the city. Let me tell you that we belong to organization in Little Havana, and you know what? Never, we never request any penny through the City of Miami to survive. We work very hard in our community cleaning. We work very hard in the Jose Marti Park without any (UNINTELLIGIBLE), any penny, you know, making -- putting the lights on the Jose Marti Park, after Hurricane Andrew, and working very hard in our community that was -- the organization are supposed to do. In the last year, we had seen a lot of progress in our neighborhood, a lot of progress in new constructions, in new buildings, and new sidewalks; programs for everybody, like the Calle Ocho, Friday -- Cultural Friday, everything. Have very good things. The police was done a very good job. The police was working very hard in a very hard area, arresting people selling drugs and doing many things. What I would like to talk to (UNINTELLIGIBLE) going to be. The new Mayor or the Mayor of the Commission, it was somebody who go into area and take all the prostitutes, all the drug sellers on the street. From here to any time, always you going to have that. It was either City o/Miami Page 26 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 like we have homeless. We had to fight that. We had to work against to that, but who is the person -- who is the (UNINTELLIGIBLE) do the magic thing, like say I going to take everything from the street, all the bad habits. I tell you, right now, I not a butcher. We calling these people in Cuba Wataca Ladron. The people who come to be behind the Commission or behind the Mayor looking for favors, we don't request favors, but I talk with justice. Chairman Sanchez: Thank you. Mr. Gonzalez: We have a very good job in our neighborhood, the job that never, never, in another governments has been done, because for many years -- for more than 40 years, I never had seen making a new sidewalk, a good -- a new street, or repairing a good park in my neighborhood for another government. Chairman Sanchez: Thank you, Fernando. Mr. Gonzalez: This government had done that. Chairman Sanchez: Thank you, and every now and then, it's nice to get a thank you. We appreciate it. OK. Yes, sir. Roy Hardemon: Roy Hardemon, 655 Northwest 48th Street. I'm here about the Model City Trust. Chairman Sanchez: Model City Trust. Mr. Hardemon: I'm the community advocate for the Trust, and you know, this budget is very important to this community. It's the poorest in the nation, and 1 heard the young man had a concern about the development, and I've known that this Commission and the City Manager had that same concern about whether houses was built or not, and this been going on for a number of years. 1 got on the board in February, OK, and since February, we've been working diligently to do new construction and making business opportunities for this poor community that always been overlooked. Even with a Commissioner that represented our community, we was still overlooked 1 just ask you all, don't overlook us today because, like I said, they was -- they say, well, we should be here fighting and carrying on. I don't need to fight. I think that you all young mens [sic] been around long enough and saw the struggle and know what the real dealing is what the problem is in this community, and I ask y'all not -- I plead with you all to do the right thing and help us help ourselves, but we don't always beg; we just like to be treated fair, and the fair thing to do is allow our budget to be passed so we can continue to build the houses that we've already commenced to building. Thank you. Chairman Sanchez: Thank you very much. All right. The public hearing is closed at this time, coming back to the Commission. There's already a motion and a second on the floor, Madam Clerk. Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: 1t is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. BH.8 05-01023 RESOLUTION City of Miami Page 27 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Virginia Key Beach Park Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE VIRGINIA KEY BEACH PARK TRUST, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, IN AN AMOUNT NOT TO EXCEED $1,354,441, WITH AN AMOUNT NOT TO EXCEED $1,000,000, TRANSFERRED IMMEDIATELY AND THE BALANCE TO BE TRANSFERRED IN PHASED PAY -OUTS. 05-01023 Legislation.pdf 05-01023 Exhibit 1.pdf 05-01023 Exhibit 2.pdf 05-01023 Cover Memo.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0589 Chairman Sanchez: We move to BH.8, which is the Virginia Key Beach Park Trust. You will be presenting the budget? And we do have with us here -- Ma'am Range, always a pleasure to see you. Athalie Range: Thank you very much, Mr. Chairman. All Commissioners here, thank you so much for allowing us to come to present our budget. I will read this in essence of time. I say to you, my name is Athalie Range, of course, and I live at 5727 Northwest 17th Avenue, here in Miami, Florida, and good afternoon to each of you. I come to you as a matter that is vitally important to me and to this community, the full funding of the Virginia Key Beach Park Trust. Our request is $1,354,411, which is an increase over last year's funding, but represents increases in staffing and security that is needed to take the next steps in properly restoring Virginia Key Beach. In previous budget years, we have made requests and had those requests denied and reduced for diverse reasons. We have suffered several cuts in our budgets over those years. Nevertheless, we have taken that which you have seen fit to give us and done what we could with it. We have since engaged the services of LORD Cultural & Planning Resources, the largest museum planning firm in the world to help us to create the best civil rights historical museum and cultural center in all of America. Our budget reductions these past few years have made things more difficult. Nevertheless, the budget increase we are requesting today represents a self-imposed reduction, in the professional recommendations we were given by our consultants, LORD & Cultural Resources [sic], by increasing our staff in preparation for the reopening of the beach park next year and the construction of the museum and the cultural center. We reduced LORD'S recommendation by one position, but more than that, we have staggered the hire dates of the additional staff in order to reduce our budget requests. We think the Trust has been a good partner with the City. I have reference to the fact that the Trust has been able to attract more than $25 million in funding, separate of any City contributions. We've come a long way in fulfilling the promise that was made to this Commission and to this community, the restoration of historic Virginia Key Beach Park, and we are fulfilling the commitment the City made to its constituents. We will build a first-class cultural center on the park that was tell the heroic story of the people who fought for the beach; the story of black residents and their contributions to South Florida and other stories that are part of the fabric of South Florida. I know that you are aware of the progress the Trust has made at the park. I'm going to state just a few of our accomplishments. In 2003, the Trust developed the Virginia Key Beach Park master plan through an inclusive public process and presented it to you, the City Commission. Later in 2003, we broke ground on a one million two point in reservations and repairs of the existing historic building on the property, and have since completed that endeavor. During the summer of 2004, the Trust began a shoreline (UNINTELLIGIBLE) project with the US. Army Corps of Engineers with a $5 million cap funded through a federal grant received City of -Miami Page 28 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 with the assistance and dedication of our own Congresswoman Carrie P. Meek. In November of 2004, the Trust secured a $15.5 million for capital construction and park improvement through the County general obligation bond. I'm sure you're starting to see the pattern. We start projects and we finish them, and we secure funding for capital improvement. In January of this year, a new sewer system and pump station was constructed on the park. It's completed and we are just awaiting the electrical permit. Next month, we will commence with the parking lot improvements. These are some of the highlights; just some of them. I could go on but I think that you see that the Trust is working hard to open the park by November 2006, and to have a completed museum next to none for the City of Miami by November of 2008. The Trust architectural review committee will make a recommendation for a museum design firm that will have a final vote on Monday, at the board of trustees meeting. We're very proud of success of the competition and the results, and this is why I'm here today, gentlemen, to ask that you honor the Trust request for $1,354,441 so that we continue the work we've started and give South Florida and the City of Miami a first-class beach park. Thank you for allowing me to speak, and our staff is present. I'd like for them to stand just a moment. Chairman Sanchez: Always a pleasure -- Ms. Range: Our staff -- Chairman Sanchez: -- Commissioner Range. Ms. Range: -- is here to expound on any issues which might be offurther interest to you. Thank you again. Chairman Sanchez: Thank you very much. Commissioner Allen: Thank you. Chairman Sanchez: This is a resolution. Is there a motion? Commissioner Allen.: I'll make a motion to move the item, Mr. Chairman. Chairman Sanchez: There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Commissioner Allen, second by Commissioner Winton. Before we open it up for discussion, it requires a public hearing. I don't think we need a public hearing on this, but is there anyone who wants to speak on this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, and Commissioner Range, as always, you represent this community very, very well. All right. It's coming back to the Commission. Commissioner Allen: Commissioner -- Chairman Sanchez: Any discussion on the item? Commissioner Allen: Yes. 1'd like to make a point. Chairman Sanchez: Well, Larry. Larry Spring (Chief Strategic Planning, Budgeting & Performance): Commissioners, I just needed to put on the record that the funding recommendation that the City is making is different from the request that the Trust is making by $354, 000. City ojMiami Page 29 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: All right. Mr. Spring: I haven't -- you know, personally, I've enjoyed working with them. We've gone over this back and forth. We increased, as you saw, our contribution by another 90, which would actually facilitate the hiring of the security and the actual relocation to the park. The difference that remain is based on the staffing that they're requesting for the museum. It is our -- in our -- you know, our opinion or recommendation that we move that -- you know, we want to support the initiative of course, but actually look at funding that in the next fiscal cycle, and that was based on timing of the completion of the museum. We had some concerns with regards to the funding that they're anticipating getting from the County. Chairman Sanchez: All right. The motion that's on the floor right now is to grant the budgetary item as $1,354,441, commencing October I, 205 [sic] and ending September 30, 206 [sic]. Discussion on the item. Commissioner Allen: Yes. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: Mr. Chairman, I've spent a great deal of time over the past several years with the Trust and the staff of the Trust, and I can tell you, without hesitation, that it never mattered what question I asked, it never mattered how hard 1 drilled down on the issue, I got the answers; 1 got clear answers; I got concise answers; I got documentation. This group has worked very hard to put together the kind of documentation and financial reporting that would make this whole City proud, and I'm extremely proud of the work that they've done, and I'm extremely proud of the way that this group has responded, and I understand -- I had the same discussion with them about timing, because this is a timing issue, and 1 don't think there's one right answer to the question, and -- but I want to make sure that we -- and 1 want to do both parts right. I want to make sure that our City budget works. I want to make sure that the Virginia Key Beach Trust budget works as well. Few groups in South Florida, as volunteers, have had the success that this group has had in raising outside capital. They raised a tremendous amount of outside capital, and they ain't done yet, and just look at the renderings here. I mean, this is first class. This isn't some backyard thing. This is -- this would make anybody in America proud, proud, proud. This is pure, unadulterated class, so balance both pieces. I would like to pass the budget that has in our budget the allocation for the budget amount that the Trust is asking for. I would, however, temper that by saying, 1 would also like to take the difference that the staff of the City is saying, from a timing standpoint, versus what you all are saying from a timing standpoint, and not allow the money to be spent, but to be allocated, to be appropriated -- Chairman Sanchez: 310. Commissioner Winton: Three hundred and -- Chairman Sanchez: The difference is 310. Commissioner Winton: Yeah, whatever the -- is it 354 and 310, whatever (UNINTELLIGIBLE) - Chairman Sanchez: Three hundred and ten, right -- Mr. Spring: It's about 354, 000. Commissioner Winton: Yes, OK -- City ofMiami Page 30 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: All right, 354 for the record. Commissioner Winton: -- and (UNINTELLIGIBLE) that -- but make sure that it's in our budget, but it can't be spent until we've all worked during the course of the year and we're in complete agreement that the timing is OK, and believe this, City staff, this group will not spend the money if it isn't time. I've pressed them and pressed them and pressed them, and they've impressed me and impressed me and impressed me. They won't spend the money if it isn't time, but we can all come to the agreement at the end of the day that it is time, and maybe it isn't time for 350,000; maybe it's 50,000, and then maybe it's another 50,000. I mean, it's in segments. They recognize it's in timing, but what I would like to do is set us up for maximum success and we don't spend what we don't have to spend if we get delayed by something else. Mr. Spring: OK. Commissioner Winton: Can y'all live with that? Commissioner Allen: Mr. Chairman, if I could -- Chairman Sanchez: Before -- Commissioner Allen, let's try to maintain some order here, so Commissioner Allen, the motion that you put forth, the way you put it, I want to make sure the maker of the motion -- who second it understands it. Commissioner Allen: Yes. Chairman Sanchez: That the three hundred and fifty -some thousand dollars will be allocated to them, but the money will not be used unless they're ready to go along with -- Commissioner Winton: And we have to have agreement, and I'll come to the table, staff and City comes to the table, y'all come to the table, and we sit down at each juncture; I don't know when that is, but when we get to the point where pieces of that 354 got to go out the door, we're all meeting ahead of time. We don't want to wait until the day of but ahead of time and say, here's where our planning phase is. Here's the very next step. We're ready to go on that next step and we need 50, we need a hundred, whatever the number is, and then you go to the next step after that and do the same thing. That's what I'm suggesting we do. Chairman Sanchez: All right. There's a second. Does the maker of the motion who second it understands and supports it? Commissioner Allen: Well, that alters the motion. Are you -- you're suggesting an amendment to the motion, Commissioner Winton? Commissioner Winton: Did I -- Commissioner Allen: Because 1 made the motion in its original form and you second it. Commissioner Winton: I second it, so 1 am suggesting that as a -- Chairman Sanchez: An amendment. Commissioner Winton: -- an amendment -- Commissioner Allen: Right. Commissioner Winton: -- to the motion. City ofMiami Page 31 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Commissioner Allen: OK, but before we do that, I'd like to make -- have a discussion with respect to the original motion. I'd like to weigh in on that before we consider the amendment, if we could, please? And having said that, let me just point out, I would like to continue with the original motion in its original format, the request of $1.3 million, and I won't get into the discussion with respect to the cultural significance of this particular facility and museum that you're constructing, but anyone who travels throughout this country, go beyond the borders of Miami -- if you go to Baltimore, Maryland, you will see one of the most fabulous museums called the Reginald Lewis museum, which a guy I know, George Lewis, an attorney, had to raise close to 40 to $50 million to get the darn thing finished first-class. What that has done, it has brought foot traffic to the City of Baltimore, all ethnic groups. You have Japanese individuals that come to the city of Baltimore; they visit the place. The locals visit the place. It's a great monument to the city of Baltimore, to the history of the blacks that told to all of the history of the state of Maryland. Likewise, this project would do the same thing. It's going to be an economic stimulus through the otherwise neglected area over there in Virginia Park Trust. These guys have hired in a consultant. They even, I believe, in my opinions, downsized to a certain extent, what the consultant suggested. It seems to me these guys have a first-class operation; they're working well within budget. They need to be on time. We do not need to put someone or, if you will, set them up to fail. This is an enormous project. It needs its proper funding without any alterations or anything of the sort. I cannot, for the life of me, see the intent behind why the Administration is even proffering a reduction, when something's going to bring tremendous revenues to the City. 1 would suggest, if my fellow Commissioners follow me in that stead, and make this issue come to be part of what I consider the preferred miss on the Greater Miami Tourism Convention. Once it's completed, it's going to be a fabulous project, and to support me in adopting the original budget that's been requested by the Virginia Key Trust. Chairman Sanchez: All right. Mr. Spring: Actually, I wanted to put on the record -- and I guess, I don't know what the -- where the motion stands. Chairman Sanchez: Well, the motion that stands right now, it's my understanding that they're getting fully -- they're getting their fully budgetary -- budget. The only amendment made to the motion, which we have not voted on, and we need to vote on that amendment -- Commissioner Winton: I'm going to withdraw my second to the motion. Chairman Sanchez: All right. All right, so now we don't have a motion, so we can't even discuss the item. Commissioner Allen: No. We have the original motion. Commissioner Winton: No, I'm withdrawing my -- Chairman Sanchez: No. He's withdrawing -- Commissioner Allen: Your second. Chairman Sanchez: And let me -- for the sake of moving forward here, Commissioner Allen, I think -- the motion that was made -- Commissioner Allen, the motion that was made was to fully fund them, but $354,000 that -- it's their money, but they were riot going to use that money unless they were prepared to move on, and I think they're in agreement with that, so they're getting exactly the $1.3 million. Commissioner Allen: Well, that's -- City of Miami Page 32 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: I think -- Commissioner Allen: If I can hear from the executive director. I need to have a full understanding of this, because it seems to me -- I don't want this to be, you know, amount to, if you will, a Shell game. I mean, I need to know -- have some assurance, so if you will, executive director, is that -- Chairman Sanchez: Commissioner Allen -- Commissioner Allen: -- fine -- yes. Chairman Sanchez: -- there's no motion on the table. I'm trying to get a motion. Commissioner Allen: All right. Chairman Sanchez: -- but 1 think, if -- Commissioner Allen: I'll make a motion. Chairman Sanchez: -- you would allow me -- Commissioner Allen: Sure. Chairman Sanchez: -- I think you misunderstood Commissioner Winton. Commissioner Winton has proposed to fund them the $1.3 million. Commissioner Allen: Correct, which I'm in agreement with. Chairman Sanchez: Right. The only amendment that he put to his motion was that the $354, 000 would be used only if they get to that stage where they need to hire the experts and the consultants for the museum; they would have the money, but if they don't get to that stage, then we're not going to use the money. I think -- I can't speak for them, but I saw a lot of heads go like this, which, you know -- Commissioner Allen: So -- David Shorter: Commissioners, if you don't mind, David -- Chairman Sanchez: No. Mr. Shorter: -- Shorter, Virginia Key Beach Park Trust. If you will allow, our nine new hires to run the museum is what we're trying to do, and there are two people for October. If you're saying that we would be able to or allowed to hire the people when we have time lined them out or staggered them out, and who would it be that would give us that OK to go ahead and hire and get the funding? If that could be worked out, I think we would agree to it, but we have two people that we need to hire immediately in October; one person in November; one person in December. I don't need my hands tied As you can see, we're on a fast track. These are the three finalists for the museum that we're planning to build on the park, and we are moving this along so that we can open up this museum in 2008. I don't need my hands tied by asking the City for permission to hire my people to get money because that would throw me behind -- Commissioner Allen: Good point. Mr. Shorter: -- and our goal is to open up the park in '06 -- City of Miami Page 33 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Commissioner Allen: Right. Mr. Shorter: -- the museum in '08, and be able to do it with the funding that we're asking for, so we're asking for the total, the 1354411 -- Chairman Sanchez: With no strings attached. Mr. Shorter: -- so we can stay on track. Chairman Sanchez: With no -- Mr. Shorter: Pardon me? Chairman Sanchez: -- strings attached. Mr. Shorter: With no strings attached. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I make the motion, Mr. Chairman, as originally conveyed by the executive director. Chairman Sanchez: OK. There's a motion on the floor to fully fund the Virginia Key Beach Park Trust. Is there a second? Is there a second? There is no second. We need another motion. Commissioner Allen: Well, I'll make a motion, if its acceptable to the executive director -- Commissioner Regalado: Mr. Chairman -- Commissioner Allen: -- indicating (UNINTELLIGIBLE) -- Commissioner Regalado: -- I'll second the motion -- Commissioner Allen: Mr. Regalado -- Commissioner -- Commissioner Regalado: -- for discussion. Commissioner Allen: -- I have the floor for the moment, please. Chairman Sanchez: I know -- Commissioner Regalado: Well, I was going to second. I withdraw. Commissioner Allen: Wait, no. I want to complete my statement, Mr. -- Commissioner Regalado. That's my point. Let me complete the statement. Chairman Sanchez: Commissioner Allen, I think we want to help you here, you know. Commissioner Allen: Yeah. That's what I'm saying. Let me just complete it, and perhaps, it might incorporate what you're suggesting. Chairman Sanchez: Let us help you. Commissioner Allen: I agree, I agree. City of Miami Page 34 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: All right. I believe Commissioner Regalado had a motion. Commissioner Regalado: No, 1 don't. Chairman Sanchez: No. Commissioner Allen: Well, my motion -- Commissioner Winton: I do. Commissioner Allen: -- and Mr. Chairman, if I may again, my motion -- Chairman Sanchez: I'm prepared to pass the gavel to make a motion to help you. Commissioner Allen: OK. No. Well, my motion is to -- on the other hand, assuming this is acceptable to the executive director, to adopt perhaps what Commissioner Winton has proffered, as an amendment -- Chairman Sanchez: All right. There's a motion. Commissioner Allen: -- and see if that's acceptable (UNINTELLIGIBLE) -- Chairman Sanchez: Commissioner Winton, do you second it? Commissioner Winton: I would second that motion. Chairman Sanchez: OK. Commissioner Allen: Right. Now, is that OK, executive director? Commissioner Winton: And we'll figure it out. Commissioner Allen: Reluctantly or -- Mr. Shorter: I'm very reluctant but -- Commissioner Allen: Come on. Mr. Shorter: -- I would like the caveat of who approves us spending the funds; is that Strategic Planning & Budget, or is that -- who is that, and -- Commissioner Winton: That -- Commissioner Allen: Could we make a further amendment -- Commissioner Winton: Let me answer the question. Commissioner Allen: -- by having the executive director have the full and sole authority to do that? Commissioner Winton: Say what? No. That wasn't my motion, because my modification was we would sit down and it would -- maybe a series of steps, which would include me at the table, them at the table, the City Administration at the table, and if the money's all read appropriated, the Administration isn't going to try to block; we're just trying to make sure that our balance over here on the City works, and if this project goes forward, and there's a finite number of City of Miami Page 35 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 dollars in the whole City. We're at that finite level because we reduced the fire fee the other day; that took a bunch of stuff out, so it left us very little wiggle room. What we're trying to do is if it doesn't have to be spent, it doesn't get spent. If it has to be spent, it gets spent -- Ms. Range: That's right. Commissioner Winton: -- and the decision making will be staff on the City staff me sitting at the table, you all sitting at the table, and y'all are going to have to trust me. Commissioner Allen: Again, I make the motion. Chairman Sanchez: There's a motion and a second already on the table. The question here is, do we have enough funding? Mr. Spring: That's what I wanted to put on the record With that plan proffered, we do have enough dollars in our contingency reserve to make the shift once we've had the meeting. I guess we would -- it won't change the budget bottom line, but we'd have to reconsider -- I'd ask for a reconsideration of the budget resolution with that change in it. Commissioner Winton: OK. Mr. Spring: It's a line item change. Chairman Sanchez: So, we would have to make a motion to reconsider the budget? Mr. Spring: Yes. Chairman Sanchez: OK. We'll bring it -- Mr. Spring: But it doesn't -- it won't change the bottom line. I'll be shifting line items. Chairman Sanchez: We'll bring it up after this -- after we vote on this, remind us and we'll bring it up. OK, Commissioner Regalado. Commissioner Regalado: I was going to ask where are you getting the money? Mr. Spring: From our contingency reserve. Commissioner Regalado: OK. Mr. Spring: That's -- Commissioner Regalado: how much is in the contingency reserve? Mr. Spring: Six million dollars. Commissioner Regalado: How much? Mr. Spring: Six million dollars. Commissioner Regalado: Six million dollars? Mr. Spring: Six million dollars. Commissioner Regalado: What is it for? City of Miami Page 36 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Mr. Spring: Contingency reserves for those -- Commissioner Regalado: Oh. Mr. Spring: The contingency reserve that we always budget for. Commissioner Regalado: Could it be firefighters? Commissioner Winton: It'll came to that, probably. Joe Arriola (City Manager): Joe Arriola, City Manager. Five million is -- by law, we have to keep $5 million by law, so it's really a $1,000,000. Chairman Sanchez: In the reserve, we've got -- yeah, OK. Commissioner Regalado: So we're back to the $1,000,000, so we're back to the $1,000,000, so - Mr. Arriola: (UNINTELLIGIBLE) goes. Commissioner Regalado: -- there is no money for firefighters, OK, fine. Look, I was going to second the original motion because I was -- and Madam Range, I'm sure remember -- the one that was honored in moving with the late Commissioner Arthur Teele, the creation of the Trust, many years ago, and when we had committees at the City Commission level, I was assigned the Park committee, and we were to clear Virginia Beach with a group of people that did an extraordinary work at, mind you, minimum wage, part-time park employees, so I feel -- my feelings for this is that this is an extraordinary project; that this will be something that would make Miami proud. I am proud of the person that I appointed in that board; that has been there for many, many years now, and -- but my issue was that if we had the money, we should have just move on with the money. If we have the money now, why do we have it for one thing and we don't have it for another thing? Mr. Spring: Well, my debate is not about one thing or the other. Commissioner Regalado: No, no, no, no. Mr. Spring: My debate -- Commissioner Regalado: The debate is that there was money in the contingency. Mr. Spring: Exactly. Commissioner Regalado: OK, so it's fine by me. Chairman Sanchez: All right. Any further discussion on the item? If not, there's a motion and a second, as amended, for the record, and 1 just want to state that I want to fund you to succeed, not to fail. I look forward to taking my children there, and I look forward to taking my grandchildren there to show them Miami's true history. God bless you. Ms. Range: Thank you. Thank you so very much, Commissioners, and I just want to say this so that we'll all go away from here with a very, very good feeling one for the other. This is not a project for the black community. Chairman Sanchez: It is for the entire community. City of Miami Page 37 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Commissioner Winton: Right. Ms. Range: This project goes back to the 1800s when the Seminole Indians were there. We expect them to be a part of this. It comes on through where the Cuban refugees -- I remember hearing Commissioner Regalado says he wants to bring his boats and show what they came over here in; there'll be space for that. The Haitians -- Chairman Sanchez: God bless them. Ms. Range: -- who many were lost at sea, there'll be a place for them, and surely, all of America will be proud of what we're going to produce. Please, 1 have -- I'll have you know that we intend to work every moment, every working moment of our lives to make this a success that it appears to be on the road to now. Thank you so much. Chairman Sanchez: All right. It's a resolution. All in -- as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, executive director. Mr. Spring: Budget chief. Chairman Sanchez: Budget chief. Mr. Spring: In reviewing the resolution that was passed by this Commission, the line item of nondepartmental, which is the same line item that all of our organizations is funded out of and the same line item that has our contingency reserve will not change, so, Mr. City Attorney, I don't think it'll -- we don't have to reconsider. Rafael O. Diaz (Assistant City Attorney): If it doesn't change, you don't have to reconsider. Chairman Sanchez: All right, so there any additional action taken by this legislative body? If not, thank you so much. God bless each and every one of you. Meeting is adjourned, and we make it through another budget process here in the City of Miami. NON -AGENDA ITEMS NA.1 05-01094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF OCTOBER 2005, ORIGINALLY SCHEDULED FOR OCTOBER 13, 2005, TO TAKE PLACE ON OCTOBER 27, 2005. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0590 Note for the Record: Chairman Sanchez urged the Administration to keep the next three Commission Meeting agendas light. City ofMiami Page 38 Printed on 10/12/2005 City Commission Meeting Minutes September 27, 2005 Chairman Sanchez: As I stated before, this is a budget hearing. The only items to be discussed here today are budgetary issues. Any person who acts as a lobbyist, pursuant to the City of Miami Ordinance number 11469, must register with the City Clerk prior to engaging in any lobbying activity before City staff, board, or committees, or the City Commission. Any person making slanderous remarks will be respectfully escorted out of the Commission. Any person or any individual who would like to obtain a copy of the agenda five days prior to the Commission meeting, all they need to do is contact the City Clerk. Anyone wishing to address this Commission needs to come up to the mike and state their name and address for the record. Before we move forward, we have one more item that we need -- housekeeping -- that we need to take care of. October 13 City Commission meeting falls on the Jewish High Holy Day of Yom Kippur. We -- to honor that holiday, we will not meet on October 13, but we will instead merge the agenda onto the October 27 planning and zoning meeting. I have one City Commission meeting in the month of October. That would give us an opportunity to combine both of those meetings together, if there's not a problem with anyone's schedule. Commissioner Allen: OK, so is there -- Chairman Sanchez: Is there a problem with the schedule? Commissioner Allen: No. Chairman Sanchez: OK, so what we'll do is -- my understanding is, October will have one meeting, then we'll have a Novem -- October, November -- Commissioner Allen: 27th. Chairman Sanchez: -- and then, December also, so we're combining all the meetings for the next three months to one meeting. The only request that I have to the administration is to try to make those agenda meetings as light as possible so we could have a very productive and efficient Commission meeting. Commissioner Allen: OK. Chairman Sanchez: We do not need to take any action on that. Madam Clerk, we need a motion? OK, we need a motion to combine both meetings in October; that went from October 13 through the 27th. Is there a motion? Vice Chairman Gonzalez: Motion. Chairman Sanchez: There's a -- Commissioner Allen: Second. Chairman Sanchez: -- motion by the Vice Chair. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Is -- discussion on the item. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, for the record, the October meeting has been combined for October 27. City of Miami Page 39 Printed on 10/12/2005