HomeMy WebLinkAboutCC 2007-07-10 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
IF Ali
Meeting Minutes
Tuesday, July 10, 2007
9:00 AM
SUPPLEMENTAL
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Angel Gonzalez, Chairman
Joe Sanchez, Vice Chairman
Marc David Sarnoff, Commissioner District Two
Tomas Regalado, Commissioner District Four
Michelle Spence -Jones, Commissioner District Five
Pedro G. Hernandez, City Manager
Jorge L. Fernandez, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Minutes July 10, 2007
DISCUSSION ITEM
SP.1 07-00850 DISCUSSION ITEM
DISCUSSION ABOUT REAPPOINTING THE AUDITOR GENERAL.
07-00850 Memo.pdf
DEFERRED
Item SP.1 was deferred to the Commission meeting currently scheduled for July 26, 2007.
Commissioner Regalado: If we can do the supplemental before we --
Chairman Gonzalez: Yes, we can do the supplemental, but we're missing one Commissioner that
has to leave. Commissioner Spence -Jones is not going to be here. On one of the items, I would
like the full Commission to be here, if you don't mind?
Vice Chairman Sanchez: Well -- and that's his item.
Chairman Gonzalez: So --
Vice Chairman Sanchez: Why don't you bring that up, your item on the --
Commissioner Regalado: I have two items, and --
Vice Chairman Sanchez: -- auditor general?
Commissioner Regalado: -- one of the items is the auditor general --
Chairman Gonzalez: Right.
Commissioner Regalado: -- and it's a very simple item. You -- several weeks ago we voted on
the compensation package of the auditor general, so the issue here is not about his
compensation. It's not about money. It's not about -- it's about the contract with the City. The
auditor general works only for the City Commission, and it is the City Commission that has to
renew his contract. His contract expire on May --
Victor Igwe (Independent Auditor General, Office ofAuditor General): May 1.
Commissioner Regalado: --1, so he is working de facto; he's working without a confract, and
although it doesn't affect the performance of his office, I hope not, he needs to have a direction
from his bosses, the five members of the City Commission, and so this is why I brought this as a
discussion item. There is no need to talk about compensation, money, insurance, nothing,
because that was done long time ago, so my only issue would be to either decide if we want to
renew the confract of the auditor general or not, and that was the purpose of placing that into
the agenda. We had it in the last Commission meeting, but because ofMiami 21, everybody
agreed to defer all the items, so --
Chairman Gonzalez: OK. I'm being told that Commissioner Spence -Jones have requested a
deferral on this item because she would like to be here for discussion --
Commissioner Regalado: OK.
Chairman Gonzalez: -- so --
City ofMiami Page 2 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
Commissioner Regalado: It's fine by me. I'm just saying --
Vice Chairman Sanchez: Could I make -- could I proffer a suggestion?
Chairman Gonzalez: Sure.
Vice Chairman Sanchez: Why don't you make a motion to -- directing the Administration to have
this item be put on the regular agenda for a discussion and a vote? That simple.
Commissioner Regalado: I mean, I can put it in the agenda myself. It's not a problem. Actually
Vice Chairman Sanchez: But this item --
Commissioner Regalado: -- Victor Igwe --
Vice Chairman Sanchez: -- should not be a blue page. This item should be a Commission
discussion. This item should be on the regular agenda.
Commissioner Regalado: Well --
Chairman Gonzalez: No. It's on the --
Commissioner Regalado: -- ifI --
Chairman Gonzalez: -- supplemental agenda, so as far as I'm concerned, this has been part of
the agenda, but --
Commissioner Regalado: It's been part of the agenda.
Chairman Gonzalez: -- the thing is that if we have one Commissioner that is requesting a
deferral, you know, we --
Commissioner Regalado: No. I don't have no problem. I have no problem on the deferral. I
just wanted to bring this up, but this is not about the Administration. This is about him and us.
It's our problem. He is our problem. He is our employee. He doesn't work for the
Administration. He only works for (UNINTELLIGIBLE), so I would agree, and I will place it
back in the --
Chairman Gonzalez: The next regular agenda.
Commissioner Regalado: -- next agenda, on July 26. I have no problem at all. The other --
Commissioner Sarnoff You know, the record should reflect, though, that he spent the entire day
here waiting for this to be heard --
Commissioner Regalado: That's true.
Commissioner Sarnoff -- and for a Commissioner to get up and then ask for a deferral, I have a
little bit of an issue with.
Chairman Gonzalez: No, but --
Commissioner Regalado: I don't understand what is the problem here. I know that it's very
difficult to wait to see if the item is taken, and it happen before, and for that, I think that we just
City ofMiami Page 3 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
don't need to apologize to you because you know what happened on the last Commission meeting
with Miami 21. It was a marathon movie, but -- and everybody -- it wasn't about you -- defer all
the items. Today I am sorry. I thought that we were going to discuss this. It's getting late, and -
Mr. Igwe: Yeah. Can I just ask for one simple thing? Can I have a time certain some time --?
Commissioner Sarnoff No. We want to make you wait another day, the whole day, just to see if
you'll do it.
Commissioner Regalado: I mean, you know --
Chairman Gonzalez: I can't give no certainty.
Commissioner Regalado: -- it's up to the Chairman. It's --
Chairman Gonzalez: At this time, I cannot give you a time certain because I don't even know
what kind of agenda I'm going to be facing. I got to meet with the Manager in a couple of days
to look at the Planning and Zoning. We have two Planning and Zoning agenda. The one of the
day that we discuss Miami 21 was completely defer. It was about thirty -some items, plus
thirty -some other new items; you're talking about seventy items, plus regular items --
Commissioner Regalado: And that's why I suggested to you, Mr. Chairman, to do two days --
Chairman Gonzalez: Well, I'm going --
Commissioner Regalado: -- on that week.
Chairman Gonzalez: -- to consider that. I'm going to sit down --
Commissioner Regalado: Because --
Chairman Gonzalez: -- with the Manager and consider that --
Commissioner Regalado: -- it's -- I mean, it would be --
Chairman Gonzalez: But the problem --
Commissioner Regalado: -- unfair to the people.
Chairman Gonzalez: -- but you know what the problem is? The problem is that it has become --
Vice Chairman Sanchez: Yeah.
Chairman Gonzalez: -- a custom that we're going to be starting having meetings every week,
you know. This is not anymore two meetings a month, you know. If you go back recently,
because one item or the other item or, you know, or the other item, you know, it's easy to
schedule meetings for the Commission, and --
Igwe: Well, the Chair, the only reason I ask for time certain is it will enable me to be in the
office and do some -- get some work done.
Commissioner Sarnoff How about this? Can we give you 30-minutes notice as to when we take
the item? In other words, if you know you're up on a day, but we guarantee you that we'll give
you a 30-minute call --?
City ofMiami Page 4 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
Mr. Igwe: OK.
Chairman Gonzalez: Once we determine the agenda, then we can always reach out to you and
let you know.
Mr. Igwe: Oh, OK. I appreciate that, sir.
Chairman Gonzalez: OK?
Commissioner Regalado: Thank you.
Chairman Gonzalez: More or less, an approximate time.
Mr. Igwe: OK.
Chairman Gonzalez: Not exactly, but an approximate time.
Commissioner Regalado: Thank you. The other item -- thank you very much, and I --
Mr. Igwe: Thank you.
Commissioner Regalado: -- apologize, Victor.
City ofMiami Page 5 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
DISTRICT 4
COMMISSIONER TOMAS REGALADO
SP.2 07-00852 DISCUSSION ITEM
DISCUSSION ABOUT NEW REVENUE STREAMS FOR THE CITY OF MIAMI
RELATED TO THE STATE LEGISLATURE'S MANDATED REDUCTION OF
PROPERTY TAXES.
07-00852 Cover Memo.pdf
DISCUSSED
Commissioner Regalado: The other item is the -- a discussion, which I will make it brief about
new revenue for the City ofMiami. It is customary, and it has been said here already, that when
you call for cuts, and when you say, well, we should reduce the fire fee, this and that, you know,
it would be unfair to the people doing the numbers to say do this, reduce this, and you'll find new
revenue, and I think it's important that we, who participate in the debate about reductions and
relief for resident, will at least give the Administration ideas about new revenues. Three hours
ago, the Miami -Dade County Commission, by a vote of 9/1, approve a resolution that was
sponsored by Chairman Barreiro and other six members of the Commission -- the vote finally
was 9/1 -- to place on the agenda, on January 29, 2008, the slots --
Chairman Gonzalez: The slot machines.
Commissioner Regalado: -- machine referendum.
Chairman Gonzalez: Yeah.
Commissioner Regalado: It has been my thing of talking here in the last three or four months
about this, that we all knew it was coming. Seven County Commissioners cosponsored the
measure, so it was destined to be approved. It was completely -- well, almost a majority of
members of the Commission present voted for. It will be on the ballot. It's, as a matter of fact,
airtight from the perspective of any legal case because as you know, there was a case two years
back that was challenged in court. That was thrown out, and it would be the same questions --
the same question that was posed to the voters of Broward and Miami -Dade County two years
ago. The Legislature allowed counties to have two shots at this legislation, and this charter
question -- change of charter questions. This finally will go to the vote. If the voters were to
approve -- and there have been several polls -- I think one Mason-Dixon -- says that the 48 to 52
vote in Miami -Dade County has been totally reversed, and we can expect a 57, 58 percent in
favor of the slots machine after what happened in Broward and the success of our neighboring
county. It happened to be that two of the three sites where voters will be approving slots
machines are within the City ofMiami, the Flagler Dog Track in our district, and Miami Jai Alai
in the Chairman district. The other one is Calder in Aventura. My understanding is that the
County has already made a deal with the pari-mutuels executive, whereby the County will get 1.5
percent of the gross revenue; I think over $250 million. However, Florida Statute is specific,
says that municipalities can participate in this taxing scenario. Dania Beach, in Hialeah, in
Broward, Hallandale in Broward, small municipalities are getting a share of the $44 million in
taxes generated on the first eight month of the operation of the casinos. Of course, if the voters
were to approve this, this has to go to the governor; makes a deal, and then approve the deals
with the County and the City, and we'll be charging taxes maybe eight to nine month after the
voters approve the referendum. My question -- because I've been talking about this for month
and month -- have we met with anybody, explore with anybody about the City getting into -- to
tap the source of taxes or fees that we can apply to two of the three sites within the municipality
of the City ofMiami?
City ofMiami Page 6 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
Pedro G. Hernandez (City Manager): Commissioner, up to this time, we haven't. I know that, in
the past, that have even been agreements with the operators of those facilities in the event that
something like that was to happen, but we haven't contacted them recently.
Commissioner Regalado: OK, so the money is there. Are we going to leave or let the County do
all the talking in this issue or --?
Mr. Hernandez: No, Commissioner. I think that your point and your item is very significant. I
think that we have to immediately explore how we share in whatever becomes available, if it's
approved by the voters, that we're there; that the municipality receives the proper share.
Commissioner Regalado: Well, you need to understand that, in Broward, casinos, or
pari-mutuels, are paying almost seven percent in taxes to state, county, and city, and -- $44
million in eight month of operation. Some people say it should have been more, but $44 million
is a lot of dollars to share between counties and municipalities, and I would think that if we have
the responsibility of Fire Rescue going to whoever wins the jackpot and have a heart attack; you
know, Police; you know, Public Works, everything that the service -- the services that City offer,
we need to be very attentive at how this pie is being divided, you know, and I -- you know, I urge
you -- and you know, mind you, think about this. Think -- the polls are not exact, but they're
always correct. If polls have been made that would tell you that this item will be approved, this
item will be approve. There is no -- I mean, there is no act of God that can happen that the
voters will say at the last minute, no. Remember, was a 6,000 votes difference, what happen
between the yes and the no in this referendum in Miami -Dade County, and remember, it had Jeb
Bush actively campaigning against slots machine, going places, and at that time, Mayor Carlos
Alvarez, when he was popular, doing the same campaigning, so I'm telling you, it's going to
pass. I'm telling you that we need to be proactive and at least meet with these gentlemen to
explore. We cannot let the County do all the talking, and hopefully, you know, we can help --
Commissioner Gonzalez can help in his district if we have something to offer to the people of
Miami. I can help. I can even give him free advertising in my programs, if they have something
to offer to the residents ofMiami, but if we going to get screw, then you know, not -- then it
would be different, so that is one of my issue. The second issue is a contract that has been
delayed for almost two years now. The voters approve the extension of the lease of the Rusty
Pelican. Every year that we have delayed that, we have lost half a million dollar. Recently, the
Commission awarded Miami Museum--ArtMuseum a $2 million grant because it was approve
by the voters. Science Museum is on the same path because it was approve by the voters. I
remember that we campaign with paid program by the City for three items on that campaign;
better government and more revenues for the City on the parking surcharge, more revenues for
the City on the Rusty Pelican lease. The three were approved. Seventy -- the better government
part, fifty-nine percent. The better government means the salary of the Commission. It was the
item. The parking surcharge, I think it was 60. The Rusty Pelican, 76 percent of the vote, so I
just want to know why is the City not getting $500, 000 -- additional $500, 000 every year and
losing the possibility of getting up to $2 million a year because of the delay on the signing of the
contract?
Mr. Hernandez: Commissioner, I became aware of the issue with the Rusty Pelican a few
months back, and in essence, we've had meetings with their representatives. We have also had
the consultant that is working on the Virginia Key Master Plan meet with the Rusty Pelican
representatives, and what we're frying to do now is see what kind of an impact would the Rusty
Pelican and their ideas for improvement would have on the master plan and how that could be
compatible so we don't have -- the Rusty Pelican would like to move forward with the
improvements and a long-term lease, and we have to be careful that whatever they plan to do
works and it's compatible with the master plan, and that's what, in essence, we're looking at right
now, butt was made aware of the fact that they -- their item -- their improvements had been by
referendum, and I believe that we should pay attention to it.
City ofMiami Page 7 Printed on 7/30/2007
City Commission
Meeting Minutes July 10, 2007
Commissioner Regalado: Well, it is not about what the Rusty Pelican wants. It is not about
what the planners of the plan want. It is about the voters, and it is about half a million
additional dollars that could go to the pot of the fire fee that we are going to eliminate, because
if you still think that there're not enough votes in this dais to eliminate the fire fee come
September, then I have to think that, you know, you need a reality check, so what I'm saying is it
is not about this and that. It's about having two set of standards. We need to give the museums
the money because it was approved by the voters. We don't need to get additional money,
although it was approved by the voters, because we are discussing, so this is my thing, and you
know, I'm offering new revenue because I will be asking for cuts. I will be asking for cuts to my
office budget. I will be asking for cuts for any -- for other departments. I will be asking to either
reduce or eliminate City departments. The County, by the way, just today passed a resolution,
the County Commission, to start the process to eliminate one department, the -- I think it's called
the Vizcaya Gardens Management Department. It was a department that work with the Trust,
with the Vizcayans and all that, and the reason they are doing that is because the Vizcayans went
out of their way and file suit for the Mercy thing out of the scope of what the County Commission
had wanted, but what I'm saying is I'm offering this [sic] ideas that are real. The income from
the slots machine in the City ofMiami are real because we have two sides of the tree. There is
500 square miles in Miami -Dade County and two of the three sites are in the City ofMiami, and
the other issue -- at least that was approved by the voters, and we are not getting $500, 000
additional money two years ago, so that was my --
City ofMiami Page 8 Printed on 7/30/2007