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HomeMy WebLinkAboutCC 2007-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 27, 2007 5:05 PM SECOND BUDGET HEARING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regaledo, 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 September 27, 2007 5:05 P.M. BH.1 07-01092A Office of Strategic Planning, Budgeting, and Performance CONTENTS BH - SECOND BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR YEAR 2007-2008 TENTATIVE BUDGET BEGINNING AT 5:05 P.M. BH.1 THROUGH BH.17 SECOND BUDGET HEARING Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 27th day of September 2007, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in its second budget hearing session. The meeting was called to order by Chairman Angel Gonzalez at 5:18 p.m. and adjourned at 7: 51 p.m. Note for the Record: Commissioner Spence -Jones entered the meeting at 5:19 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk DISCUSSION ITEM FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2007-2008. THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 7.2999 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 WHICH IS EQUAL TO THE ROLLED -BACK RATE. 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 07-01092A Cover Page.pdf City ofMiami Page 2 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 DISCUSSED Chairman Gonzalez: Mr. Mayor. Mayor Manuel A. Diaz: Good afternoon, fellow residents, Mr. Chairman, Mr. Vice Chairman, and members of the Commission. I thank you for your indulgence in allowing me to speak to you once again regarding this proposed budget. Our greatest duty and responsibility as elected officials is to decide how we spend public funds. We have been given the honor of being stewards of the people's money, and they elect us to watch over the public purse. There is an old principle that seems to have been forgotten by some, and that is that government that is closest to the people is in the best position to serve the people. That is why it is important that we have local governments. We are the frontline. We are the first responders. We are the 24-hour-a-day, seven -days -a -week government. We have the closest daily contact with the people that we serve. When something happens in our neighborhoods, people don't call Washington. People don't call up Tallahassee, and we don't have the luxury of retreating to our offices in a remote capital city because we see our constituents everyday; at the supermarket, the coffee shop, and on a street corner. That is why we are in a better position to decide what it is that the people that we serve need on a daily basis. We have that obligation to the people of Miami to act in their best interest by presenting a budget that is both responsible and responsive. Responsible and responsive means a prudent and balanced approach between reducing the tax burden, while investing in the services that make our city a city worth living in. What good is cutting our taxes if our children can't play in our parks? What good is cutting our taxes if our families live in fear of crime when you have less cops on the streets, and the ones that you do have may leave to higher paying cities? That isn't why people elected us, and it isn't what people expect from us. This proposed budget cuts expenditures, fifty-three and a half million dollars. It represents a 25 percent reduction in the total millage rate since I took office, andl daresay that there is no other city in this state that has so dramatically reduced its millage rate during that time. We have consistently delivered tax relief to the people ofMiami, but this budget also addresses our common priorities and our common needs. It adds funds for maintaining five new beautiful parks, funds for 70 new law enforcement personnel, allowing us to place some 200 new law enforcement personnel on the streets ofMiami, and it will properly compensate our police officers, our first responders and other service providers. Ultimately, this is what I believe we will all be measured on. Did we abrogate our responsibility, allowing outside forces to tell us what to do with the money of our constituents, or did we stand up and exercise our duty as the government that is closest to the people? Are we living up to the bond of trust that was given to us by the people that we serve? It really, in my mind, is quite simple. If you think that someone else is better suited to represent the best interest of your constituents, if someone else understands the day-to-day needs of the people ofMiami better than all of you, then vote against this budget, but if you believe that you are responsive and responsible for the needs of your constituents, that you are, in fact, the best voice to represent their interests and their needs, their desire to live in a Miami that is safe, that is clean, and that is green, then you must vote for this budget because it has all of the qualities that make our city a city worth living in. I thank you, once again, for your time, and hope that you will continue serving the great people of this city like you have over the last few years. Thank you. Chairman Gonzalez: Thank you. Mr. Budget Director. Mr. Hernandez: Mr. Chairman, ifI may. I'll take just -- Chairman Gonzalez: Yes. Mr. Hernandez: -- one quick minute. The recommended budget that you have before you today is the one that we presented on September 11, and that now includes the adjustments following your directions on that day following that public hearing. It is a balanced and prudent budget, in my opinion. It reduces taxes by complying with the State mandate to going back to the rollback millage rate from 8.3 to 7.299. It also then reinvests the additional savings or City ofMiami Page 3 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.2 07-01093 Office of Strategic Planning, Budgeting, and Performance reductions that were identified, and those are now invested into items that I believe the citizenry desire; additional public safety in the form of police, PSAs (Public Service Aides), park rangers, additional fire capital equipment. We're also maintaining the same level of service to the citizens with no cuts there, and we're maintaining a healthy fund balance. The only reason that we're tapping the fund balance is to make the payment on the fire assessment settlement for 15.5 million. We also have to keep in mind that this is the year that we have -- you have eliminated the fire assessment fee, so the last time the residents paid $31 on the fire assessment fee; this coming year, that would be zero. With that said, Commissioners, I will ask our Budget director, Michael Boudreaux, to go ahead with a very simple synopsis summarizing the changes from the September 11 recommended budget, and it will be up to you in your hands. Thank you. Michael Boudreaux: Mike Boudreaux, director, Management & Budget. Good evening, Commissioners, Mr. Mayor, Mr. City Manager, and the residents of the City ofMiami. This is the final public budget hearing to discuss the proposed millage rate and budget for fiscal year 2007-2008. I would like to read BH. 1 into the record. This is the final public hearing to discuss the proposed millage rate and tentative budget for fiscal year 2007-2008; the proposed general operating millage rate of 7.2999 for the City ofMiami for the fiscal year beginning October 1, 2007 and ending September 30, 2008, which is equal to the rollback rate. 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, 2007 AND ENDING SEPTEMBER 30, 2008; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01093 Legislation SR/FR .pdf 07-01093 Summary Form SR/FR .pdf 07-01093-Submittal-Petition to Retain Current City of Miami Marina Rates.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12947 Michael Boudreaux (Director, Management & Budget): Commissioners, since BH.1 and BH.3 are interrelated, I would like to proceed through these items, if the Commission permits. BH. 1 [sic]. This is an ordinance defining and designating the operating millage rate of 7.299 mils for the City ofMiami for the period of October 1, 2007 to September 30, 2008, which represents a 12.83 percent reduction over the prior year operating millage rate, and represents the City's rollback rate. The purpose of this rate is to fund annual municipal services during this period. BH3. There were some changes to BH3 that would like to pass out. In your earlier package, you will note that all references to the fiscal year states 2006-2007. It should all state 2007-2008. That's the only correction. Chairman Gonzalez: All right. Mr. Boudreaux: Commissioners, each of you were provided with a change memo, which outlines the changes made to the fiscal year 2008 proposed general fund budget, as directed during the first public hearing on September 11, 2007. These changes kept the fiscal year 2008 proposed general fund budget at 523.7 million, as presented during the first public hearing. The Administration recommends proceeding with the public hearing, and at the conclusion, if you City ofMiami Page 4 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 have any questions, we can address them at that time. Chairman Gonzalez: Thank you. All right. This is a public hearing for BH. 2 and BH.3. Anyone from the public that wants to address the Commission on those items, please come forward to be recognized. Charles Cutler: My only thing is, if it's any changes made in the budget -- Charles Cutler, 654 Northwest loth Street. Thank you. I looked at the budget, and what you're saying is that the only thing that changed was the date. Chairman Gonzalez: That's correct. Mr. Boudreaux: As far as the handout to each Commissioner. As far as as it reads in the resolution, it all referenced -- on BH.3 -- 2006-2007. The only changes that we showed on that resolution is 2007-2008. As far as the changes to the budget on the first hearing, there were some recommendations that were made by the Commission to make the following adjustments: One was -- Commissioner Spence -Jones: Mr. Cutler -- I'm sorry to interrupt you -- you can get a copy of that from the Clerk's office if you need a copy of it. Yes, just -- Leroy Jones: The Clerk's office is closed. Commissioner Spence -Jones: Oh, it's closed, so we'll make sure that you get a copy of it. Ill ask for my office to -- Mr. Boudreaux: All right. Chairman Gonzalez: All right. Let's go. Mariano. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. You know, this is concern the budget because, like you say, twice a year I come here. I don't need the -- to ask for a personal appearance because the last time I ask for a personal appearance, I was denied by the other Manager twice, one concerning the Civil Service and the other concerning Code Enforcement, but first, I'd like to address the workers that don't make enough money. I (UNINTELLIGIBLE) around there going to the different parks. I see you have a lot of people working five, six years that don't get any benefits. That should be solve. That shouldn't happen here, OK? And the other thing I got is -- I mention it before -- how much money cost for the City to have the Civil Service televised again, and we need more information out there, and the third one, I live in Allapattah. Allapattah is the second neighborhood of the taxpayer in the City ofMiami after downtown, and we got ABDA, Allapattah Business Development Authority. How come ABDA doesn't get any money from the general fund? We should be getting money from the general fund because a lot of -- Chairman Gonzalez: ABDA -- Mr. Cruz: -- other places get it, and we -- Chairman Gonzalez: Let me -- Mr. Cruz: -- pay enough money in Allapattah by all the businesses in Allapattah -- Chairman Gonzalez: Let me -- Mr. Cruz: -- by all the businesses that are in Allapattah, warehouses or whatever. City ofMiami Page 5 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- correct the record for you. Allapattah -- ABDA is getting $150, 000 from the general fund Mr. Cruz: That was first time. Chairman Gonzalez: No, second time. Mr. Cruz: OK. Chairman Gonzalez: Yeah. Mr. Cruz: All right. Thank you. Chairman Gonzalez: You're welcome. Next. Mr. Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. I don't know if this is the time for me to bring this up, so just stop me if it's not. My concern is it seems like, with this budget hearing, anything that got to do with economic development this year is under attack. I mean, with -- starting with Dade County, with the municipalities, we see like a trend. Anything to do with poor people and economic development, especially, is under attack. It's -- like the Economic Development Department, I don't know if it's been eliminated yet or in the process of being eliminated, the $1.5 million. Eliminate -- you're going to eliminate the whole department. You brought Ms. Mendes [sic] here -- Ms. Lisa here from Louisiana, or wherever she came from, to run the department. Seven months, eight months, a year she been here; finally got the chance to start doing something positive, now you're going to eliminate the whole department, and what that does? All the assistance that would have came through that department, which would have trickled down to small businesses and poor neighborhoods is just fixing to be eliminated, so you're going to take the $1.5 million and dump it into the police, so you're going to take economic development -- you're going to take money that would have been used or a department that would have been used to generate revenues or generate job creations or job retentions and now give it to the Police Department. That don't make no sense to me. I mean, where -- what happened to the economic development? I mean, we don't believe in jobs? We don't believe in businesses no more? We don't believe in that no more? I mean, what you think run this -- run Dade County? What you think run the City of Miami? Small businesses, but it seem like for some reason this year it's just attack on economic development, period. I mean, think about that. I mean -- Chairman Gonzalez: All right. Mr. Jones: -- if you going do some -- if you going to take economic development -- if you going to close down the Economic Development Department, at least take the money and still do economic development with it, not take it and give it to the Police Department. Chairman Gonzalez: All right. Thank you very much. Mr. Jones: Thank you. Chairman Gonzalez: Your time expired. Anyone else? Michelle Niemeyer: Hi. Michelle Niemeyer. I'm a resident of City ofMiami at 3053 Day Avenue, andl also rent a boat slip at Dinner Key Marina behind us on Pier 4. We have a number of Dinner Key and other marina tenants here. Could everybody stand up just so these guys can see who's here? We have an issue we're very concerned about, and the reason we're here at the budget hearing is because on page 86 of your proposed budget, there is an income City ofMiami Page 6 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 stream coming from dockage that would be dependent upon for this whole budget, so we really felt that it needed to be dealt with. That income stream depends upon a 30 percent rate increase effective on October 1. We learned of this at the end of June. About 80 percent of the City marina resident -- or tenants are residents of the City ofMiami, so about 80 percent of the people in that marina are going to see an -- a 30 percent rate increase like that. There hasn't been an increase for four years. All of a sudden, it's up 30 percent. It's a big, big difference for people who are residents who don't frankly get a lot of benefit out of living in the City ofMiami and paying higher taxes to be here. Compare those rates to the rates of Miami -Dade County marinas. Miami -Dade County marinas right now charge $10.80 a foot. Dinner Key, the other City marinas currently, without -- with the rate -- with the discount, charge $12.60 a foot. With the discount eliminated, City residents will be paying $18 a foot. That brings our City marina rates in the same arena as -- more than some of the local private marinas, like, for instance, Rickenbacker, which is where I kept my boat before I moved it to Dinner Key. It doesn't have the kind of amenities or, frankly, trained staff that were available at Rickenbacker. They were helpful. They helped people with their boats when there were hurricanes. They had security people around all the time. There was just, frankly, generally a better maintained place and a more professionally run place for that extra money that you were paying there. People are in the City marinas for a couple of reasons. Obviously, they're convenient, and they're affordable. By taking away the affordability of that, you're taking away an opportunity for City residents to have a benefit from being City residents -- Chairman Gonzalez: Thank you very much. Ms. Niemeyer: -- in a city that offers the water as one of its best amenities. Chairman Gonzalez: Your time is up. Thank you. Next. Albio Castillo: Good evening, gentlemen, and the Commissioners, and the City staff. My name is Albio Castillo. I live in 2386 Southwest 5th Street. I'd like to know is when is the City of Miami going to start to negotiate with the Marlins for the new stadium, and I'd also like to know is is the City going to like property that under foreclosure that are coming down the line, is the City going to use those lands for something useful? Andl have proposed this idea for a Code enforcement. Maybe you could do this with your lobbyist in Tallahassee or by a referendum to the City Charter. I propose this idea: Start collecting at 10,150; eliminate the fines of 250 and 500. I think that will be better in order for the City to collect the money when they're so tight on the budget that is coming down the road. That is all have to say because in the previous meeting, I said all what needed to be said. Chairman Gonzalez: Thank you. Mr. Castillo: Thank you. Chairman Gonzalez: Thank you. Mr. Castillo: You're welcome. Chairman Gonzalez: Yes, sir. William Braddon: Yes. William Braddon, 1176 Southwest 22nd Avenue. I, too, am speaking regarding the marina. I do have something to hand out. Basically, as Michelle said, we're getting actually -- not a 30 percent increase. We're getting a 42 percent increase in rates. Our current rates are in excess of the rates in the County marinas. Their rates would sustain the actual expenses that the marina does, but most of the income from the marina does not go back to the marina, and we feel it should go back to the marina, and we also feel that in order to qualify for some of the grants, it should go back to the marina, and therefore, I'd request that we City ofMiami Page 7 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 make an adjustment and leave the rates as is. Thank you. Chairman Gonzalez: Thank you, sir. Next. Michael Butler: My name is Michael Butler. I'm at 2580 Lincoln Avenue. I am also a Dinner Key resident. Fiscal 2004-2006, the City ofMiami has had a steady revenue stream of $10.8 million from the City marinas. Frankly, that's a 60 percent profit. I wish I could make that kind of money ifI had a business. The other thing that I'd like to bring out is, on page 86 of the current budget, the City is anticipating $8.4 million in a revenue stream from the City marinas. The question I need to ask, does the City intend to use any FIND (Florida Inland Navigation District) money to take care of the dockages in front of the Coconut Grove Sailing Club, or to improve any of the marinas? Chairman Gonzalez: Mr. Manager, can you answer that? Mr. Hernandez: We'll be receiving FIND monies for the, I believe, outer mooring, and possibly other projects. I know that over the last couple of years, two to three years, we have received approximately $3.7 million from FIND for capital improvements. Vice Chairman Sanchez: Right. Mr. Butler: If you didn't accept those three point something million dollars from FIND, it would have cost the City $7.6 million to do the project. FIND gives you half -- 50 percent of the work. Well, my question is this: He wants to take FIND money to improve the marinas, then how are you going to comply with the FIND regulations that clearly state any monies that are generated from a public marina should go back into the marina and not be put into the general fund? So how do you comply with FIND -- how do you take the money from FIND and then comply with the FIND regulations when you are, in fact, taking the money and putting it into the general fund? Chairman Gonzalez: All right. Let's answer the gentleman. Let's -- anyone that has questions, I would rather that you ask all your questions, and then we'll give you answers at the end of your presentation, all right? Mr. Hernandez: Mr. Chair, ifI may -- Chairman Gonzalez: Yes. Go ahead. Mr. Hernandez: -- in order to put in perspective what this issue is. With respect to the marina fees, the fees themselves are established by the Manager. The reason you have these concerns here today is because with the proposed schedule of fees, our budget has an additional $840, 000, so there was a change that I was contemplating after listening to their concerns. That change, which would apply to the annual permits, will have that kind of an impact on the budget, so even though it is my jurisdiction to set the rate, ifI pursue, let's say, reducing in half the increase to the annual permits, we're talking about an impact to the budget of 840, 000. Vice Chairman Sanchez: What's -- what percent would that be? Mr. Hernandez: Well, right now for the annual, I think it was mentioned, it was like 42 percent, so if we cut it in half, it may be -- Chairman Gonzalez: Twenty-two -- twenty-one. Mr. Hernandez: -- 20, 21, in that range. City ofMiami Page 8 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Twenty-one. Mr. Hernandez: Right now, the annual is around $12, and we're proposing it to go to 18. I had a suggestion to cut that in half, bring it to around 15, plus or minus, and this is dollars per foot of vessel. IfI do that, the impact to the budget, which is what you should know, would be $840, 000. Vice Chairman Sanchez: So if you were to bring it down to $15 per linear square feet, that would be how much, eight hundred and what? Mr. Hernandez: Eight hundred and forty thousand. Commissioner Regalado: But what about Miami residents? Mr. Hernandez: Well, these are Miami residents. Commissioner Regalado: So it would only -- the reduction will only be -- Mr. Hernandez: No. Commissioner Regalado: -- for residents of Miami? Mr. Hernandez: No. We're making all rates uniform. Commissioner Regalado: So what about Miami residents? Mr. Hernandez: Well, that -- Miami residents are about 87 percent of the users of our marinas, so yes, when -- if I make a change to the rates for the annual -- Vice Chairman Sanchez: Annual. Mr. Hernandez: -- there will be some out -of -City users that would receive a benefit, but Florida Inland Navigational [sic] District requires that we have a uniform rate and that we do not provide any discounts. Chairman Gonzalez: Right. All right. Mr. Butler: Just ifI may say something. I don't believe the City Manager has answered my question. The question basically is, if you're accepting FIND money for FY-08, what is going to happen to the monies that are being charged to the marina residents? Because, according to FIND, public funds to a public marina should not be utilized for maintenance of that facility if the revenues generated by the facility are not exclusively allocated, exclusively allocated to the operation, maintenance, improvement of public marina facilities. Chairman Gonzalez: All right. Thank you very much. Your time is up. She's going to answer your question. Lori, please, will you answer the question? Laura Billberry (Director): Lori Billberry, Public Facilities. The gentleman is correct as it relates to maintenance projects. As of today, none of the projects that we have done utilizing FIND money, including the dredging project that we've recently, just as of last Friday, been approved for award, are considered maintenance projects. They are not something that is done of a routine nature, like you replace pilings every year. This is something that is considered a capital project. That, therefore, does not kick in that rule. Chairman Gonzalez: All right. City ofMiami Page 9 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Butler: Would you indulge me for a moment? You removed vessels -- derelict vessels from the waterways. That, to me, is certainly a maintenance project. I understand that you intend to put in storm buoys in front of the Coconut Grove Sailing Club. You are creating a public marina with public money. You need to comply with the regulations. Chairman Gonzalez: Thank you, sir. Next. Commissioner Regalado: Can I ask the Manager? Mr. Manager, I'm a little confused. You are thinking of reducing the rate, but you have not done so yet? Mr. Hernandez: No. The proposed rates -- the rates that the Budget director has used to develop our budget are based on the original proposal that for the annual permit shows an increase that I think was mentioned at 42 percent, is $18 per linear foot. I've discussed the item with staff. I've heard the concerns of many of the citizens of the City ofMiami that use the facilities, and my plan was to reduce the annual permit to 15 -- Lori, correct (UNINTELLIGIBLE) -- it's $15.30. IfI do so -- and that's the reason that this is being discussed here today -- is that it would cause an impact -- a reduction of $840, 000 in less revenue to the City this year. Commissioner Regalado: So the budget that we are approving is not the right budget? Mr. Hernandez: Well, if the budget is approved as we now have presented it, I will not be able to actually bring that rate down unless I make some other adjustments to take up the impact of the $840, 000 reduction, so if you pass it as is, for me to then lower the rate, I would have to internally be able to work with other line item budgets to accommodate that deficit. Commissioner Regalado: So -- I'm still confused, so are you going to reduce or not? Mr. Hernandez: Commissioner, my proposal will be to reduce it down to the $15.30 -- Commissioner Regalado: OK. Mr. Hernandez: -- which, in essence, would be a reduction on the revenue stream, so the Budget director and myself will have to look for another way to accommodate that reduction. Chairman Gonzalez: All right. Yes, sir. Good afternoon. Robert Mullen: Yes. Commissioner Regalado: So there are money to go around? Mr. Hernandez: Well, not to go around. I think it will be difficult -- Commissioner Regalado: I mean, if you can find $800, 000 and not change -- Mr. Hernandez: Well, it's not a question of having extra money. Something else will suffer, period. Commissioner Regalado: Well, can we know? Can we know? Mr. Hernandez: If you allow me a little bit of time, you know, following the public hearing, I'll let you know where I could get the money. Commissioner Regalado: OK, before we vote. City ofMiami Page 10 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. Yes, sir. Mr. Mullen: Yes. Robert Mullen, 3400 Pan American Drive. I live on my boat at Dinner Key Marina, andl'm outraged at the proposed 43 percent increase. I doubt that any of you would be happy to open your mailbox and get a bill from your mortgage company, or your condo, or your apartment and saying, gee, your rent's going up 43 percent in one year. I think the first thing you'd say was if you have to raise it, can't you do it a little bit at a time. Forty-three percent at one time is just -- it seems to be a lack of planning. If you're short on money because the tax base got reduced and taxes got reduced and you're still providing all these services and everything that we heard the Mayor talk about -- our taxes are going up, as far as I'm concerned. Our rent's going up, and it's because you're taking our rent money and funding other projects with it. The marina generates a profit. You don't need to raise our rents to pay for the cost of operating this marina, andl think that you're just taking our money and spending it on somebody else because you're a little short somewhere else, and want to protest that. Chairman Gonzalez: Thank you. Next. Stan Bodner: Stan Bodner. I also am a tenant at the marina, andl'm in agreement with this gentleman, but I want to make a couple of points. Point number one is that the live-aboards are really getting a bigger increase than the regular marina tenants, and point number two is -- so the 43 percent is really much more accurate in our case. The other point is the semantics that you're using for the FIND grant is really incorrect. The way we interpret that FIND grant wording is that all of the money that's generated by the marina must be spent by the marina and none of it is to be put into the general fund, and I think you're playing games here, and you're -- you know, you started this meeting out by admitting that you held an illegal meeting; you didn't call it that, but that's what it was. I think that you're also playing some troublesome problems here with the FIND grant. You may wind up costing the City a lot of money in paying back monies that they have already funded to you. Chairman Gonzalez: Thank you. Anyone else? Karen Lehtola: My name is Karen Lehtola. I also live at 3400 Pan American Drive at Dinner Key Marina, and I'm not understanding how come you -- how you can vote on a budget when we still have a lot of questions regarding the monies that are generated by the marina. I've als -- I've written to the State of Florida and wanted to know what exactly we could do with this proposed increase. It's not so much the increase that's a concern as you're taking away our City ofMiami residency and you're treating us similar to transient people. We can go anywhere. We can move our home, but we choose actively to be at Dinner Key because of the services that we get at Dinner Key and the services, we choose in Miami, as a whole. We're very happy there. We're just not very happy with the way the monies are being spent, as well as the increase was related to us. There's a lot of things we can do; we'd rather not, but we really would like it resolved before we have to make a decision as a group on what we need to do, and that's really all I have to say. Thank you for your time. Chairman Gonzalez: Thank you. Gary Haber: Good evening. My name is Gary Haber. I reside at 2462 Southwest 22nd Terrace. I just -- I'm also here regarding the marina. I'm not going to reiterate everything that's been said before me, but three or four years ago, we did this same process. The marina management increased the rates to $18. Everyone was protesting in front of the marina office. We developed a political action committee. We met with Commissioner [sic] Arriola, and one of the things that we are really upset about was why such a big increase -- you made your percentage increase in a short period of time. City ofMiami Page 11 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: Let's correct the record. You didn't vote -- you didn't speak to Commissioner Arriola. Vice Chairman Sanchez: City Manager. Chairman Gonzalez: You spoke to -- Mr. Haber: Oh, manager, I'm sorry. Chairman Gonzalez: -- City Manager, Joe Arriola. Mr. Haber: Right, the previous manager -- and when we sat in his office right up here, we negotiated, and we were able to establish resident discounts, and we also discussed -- we understand that expenses increase, you need to increase rates, but please do it on an incremental basis, year after year, if you need to, but don't hit us with a 42 percent increase, all right, at one shot. It's not right. It's not proper stewardship with regard to being good managers. Thank you. Chairman Gonzalez: Thank you. Anyone else? Charlie. Charlie Cox: Good afternoon. Hopefully, I don't blow this 'cause normally I come up here raising the dickens, but for once, I am going to come up here and let you all know that I'm very proud of all of you and the accomplishments you've all made with the City ofMiami, Mayor and Commission. I will also tell you that 57 years ago, I was born in Jackson Memorial Hospital, so I am from Miami. I lived here until fourth grade, and then moved into the southwest section of Dade County. I have been the union president for over 20 years and watched 20 of these budget hearings, and this is the first one that haven't seen people complaining so bad of what was going on here. Yes, the marinas -- this is the second time I've seen them come out here in force, but basically, the public, even in the first hearing, was not out here raising the dickens like I do. I can tell you that started with the City 33 years ago -- almost 33 years ago, and this City has seen bad, badder [sic], worse, worsest [sic], and finally we're starting to see good things happen, andl really hope that by passing this budget all of you finish the things that you've started. I can tell you that I put a hundred thousand miles on a vehicle in two years, andl buy a new truck every two years. I represent employees in every single area of the City, including Police, including Fire, Parks, the Administration building, and I'm proud to be their union president. I always have been. I do it with my heart. I'm not going to be a politician when I leave here, I guarantee you, and if you're going to listen to the imbeciles up there in Tallahassee or the imbeciles in Washington, let me give you some examples to where they're missing the boat. Take health insurance. Fifty-eight percent of the people in this country do not have health insurance. We go to the hospital. You raise hell with the amount of money you've got to spend on our insurance. You pay a hundred dollars for an aspirin. You pay a hundred and twenty dollars for a paper gown that costs seventeen cents, and yet, they won't address that. What your tax cut means on the average is $180 per household Let's double it and listen to the geniuses in Tallahassee. They're going to say $360 by doubling it, and why -- if this is such a concern, why haven't -- hasn't this place been filled up with residents at the first hearing and at the second hearing? And I'm going to tell you. When retire, I'm going to get a boat, butt hope you don't do to me what you're doing to these people, so -- I mean, they'll come show up -- Applause. Mr. Cox: -- they'll show up down here in force, and maybe then I can come back and do what I normally do and raise hell, but I will also tell you that there are so many things that I see. You have kids in the park again. You have parks that look good. You have parks with real lighting, and that was my job before I was union president, and you know what? You used to put shields on the light, and the neighborhood would just go out and get bigger guns and shoot out the bulbs, and that's not happening anymore, so you all are doing something right. The employees City ofMiami Page 12 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 are doing something right, andl implore all of you -- because every meeting come to and none of you can say I don't, andl haven't been sick, and let's hope I don't get sick 'cause I almost enjoy you guys taking the heat instead of me -- and ladies, I'm sorry -- but you know what? Every one of you at Commission meeting brings up things that still need to be done in your neighborhood, things that you're not happy with. Take this time and don't cave. Don't get weak-kneed, and I'd almost tell you something that was told one time, but I'm not going to. Please stand tall and be there for the residents ofMiami and tell them where to kiss in Tallahassee. Thank you. Chairman Gonzalez: Thank you. Applause. Chairman Gonzalez: All right. Robert. Robert Suarez: Good evening, Commissioner, City Manager, Mr. Mayor. Robert Suarez, Miami Firefighters, 2980 Northwest South River Drive. I'd like to answer Charlie's question about why we haven't had citizens lined up at the door demanding more cuts and more services be cut. I was hired in the City about nine years ago. The City ofMiami was a very different place nine years ago. The money that the taxpayers have been putting into the City has shown in their streets, their parks and services they've been receiving; the way Coral Way looks, the way Biscayne Boulevard looks, the way Coconut Grove looks, Allapattah. I think the citizens are proud to see that. They're proud to see the quality of their services go up. That's what they expect you to do, to improve their services, to provide that necessary service at the local level that politicians in Tallahassee and Washington, D.C. (District of Columbia) can't provide, and I think it shows in how proud the employees and the citizens are of the City for the progress we've had, and we can't afford to regress back to where we were at ten years ago. We've moved a lot. The millage rate has dropped enormously in all that time, and I think you're doing what you're supposed to be doing in being guardians of the citizens' money, yet providing those services that they need. I commend you for that, for recognizing those places where the budget can be cut, which you've done that. You've sat down and taken an enormous amount of time with department directors and the Manager to cut those places where cuts can be made, but for politicians in Tallahassee hundreds of miles away to tell you what the citizens ofMiami -- but you know what they want. You all speak to your residents in your community daily. You know what they want and what they need, and you spent the last few years using what the citizens of Miami has asked you to do with their money, and you've improved this city, and let's not allow ourselves to regress back to where the City was so many years ago. Thank you. Chairman Gonzalez: Thank you. All right. That concludes the public hearing. We need to vote on -- we need a motion on the millage ordinance on the second reading. Vice Chairman Sanchez: That's -- Chairman Gonzalez: Is there a motion? Vice Chairman Sanchez: Hold on. That's on the millage, setting the -- Chairman Gonzalez: The millage. Vice Chairman Sanchez: -- millage -- Chairman Gonzalez: Yes. Vice Chairman Sanchez: -- at -- City ofMiami Page 13 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Jorge L. Fernandez (City Attorney): BH. 2. Vice Chairman Sanchez: -- seven point -- Chairman Gonzalez: Seven point -- Vice Chairman Sanchez: -- two -- Chairman Gonzalez: -- two -- Vice Chairman Sanchez: -- nine -- Chairman Gonzalez: -- two [sic] nine. Mr. Boudreaux: Seven point two nine nine nine. Chairman Gonzalez: I'm sorry. Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance, right, Mr. City Attorney? Would you read -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- the ordinance? Commissioner Regalado: Are we going to make comments now or later on? What -- Vice Chairman Sanchez: No. Commissioner Regalado: -- is your preference? Chairman Gonzalez: I beg your pardon? Commissioner Regalado: Are we going to make comments now or later on? Vice Chairman Sanchez: Make it on BH (Budget Hearing) -- later. Chairman Gonzalez: Oh, yeah, if you want. Commissioner Regalado: No. I'm -- Chairman Gonzalez: Sure. Commissioner Regalado: -- just saying. I -- Chairman Gonzalez: All right. We have a motion, and we have a second. Discussion. Vice Chairman Sanchez: On the millage. City ofMiami Page 14 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Regalado: On the -- Chairman Gonzalez: Discussion on the millage. Commissioner Regalado: On the millage. I'd rather make a comment on the budget appropriations. I think -- Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Commissioner Regalado: -- that it's -- it would be more appropriate. Chairman Gonzalez: All right. Mr. City Attorney, would you read the ordinance on the millage? Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: You already did BH.1, right? Mr. Boudreaux: Yes, sir. Vice Chairman Sanchez: That's -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- what you read into the record? Mr. Boudreaux: Yeah. Vice Chairman Sanchez: There's no action -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- on that, OK. All right. Chairman Gonzalez: All right. Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call on BH.2. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. BH.3 07-01094A RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008. Performance 07-01094A Summary Form.pdf 07-01094A-Legislation Sub.pdf 07-01094A-Submittal-Petition to Retain Current City of Miami Marina Rates.pdf 07-01094A-Submittal-2007 Florida Statutes -Sec. 193.011.pdf City ofMiami Page 15 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0556 Chairman Gonzalez: All right. We need a motion and a second on the BH.3 resolution to open it for discussion. Vice Chairman Sanchez: All right. I would move -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- for the purpose of discussion pertaining -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- to the FY-07/FY-08 budget. Chairman Gonzalez: All right. We have a motion, and we have a second. Commissioner Regalado, you wanted to comment on this. Commissioner Regalado: Thank you, Mr. Chairman. I think it's important to, at least for me, clam something. The Mayor said that if you believe that the people in Tallahassee are more able to govern, well, then vote against the budget. I don't think that's an accurate advice because this is not about Tallahassee. This is about the people ofMiami. It's about the residents that, for many, many years, have been taking the brunt of a city in bankruptcy, more taxes, fire fees, and they stay. The people ofMiami voted more than 80 percent to keep the City when there was a group of people that want to unincorporate the City ofMiami, and by the way, spend millions of dollars doing it. Your predecessor was one of them on that committee to abolish the City ofMiami, and later on, he saw the light, andl think it's unfair to say that this is about Tallahassee or this is about us doing the right thing. I don't know why the City ofMiami went to lobby in Tallahassee against property taxes reduction if we have been doing that. We spend $300, 000 -- that's the last figure that I have -- lobbying the same legislature that we are saying now that they are responsible so we can get Miami in the list, but when the St. Petersburg Times came out with a front-page article, then all hell broke loose, and now whatever they did wrong in Tallahassee, they want to do it right. Sometimes it's very easy to move on, but you know, the facts are the facts. The City ofMiami and the County and other city spend the taxpayers' money lobbying against the residents, lobbying against a reduction of property taxes, and you know, we have two crisis [sic] here in our area, andl mean, our area, it's Miami -Dade County, but especially, in the City ofMiami, but mostly in the County itself. The first crisis everybody knows about. It's the values of the property and how the values keep going up and up and up for the last six years until the bubble burst. Although, this year, we keep getting assessed more and more on every property, and we have not been able to fix that. The more we try to reduce, it doesn't look -- because at the end of the day, the pocket -- you need to write a check for more taxes in commercial property and apartment buildings than you wrote before, and the second crisis that probably some people don't know about is the lack of trust in governments. Unfortunately, every day we see something wrong in the media. You know, millions misspend; people do the wrong thing; governments are making mistakes, things that were not done, and people are losing the faith in government, and that's a sad thing to see. The City ofMiami -- and this is a fact -- has been able to do a lot of things now recently, and thanks to the new Manager, because the residents and the voters of the City ofMiami, we voted for a bond issue that we tax ourselves to issue a bond issue so we can do many things, and yet, we have been living the five years, the six years of the fat cows, and many millions of dollar have been thrown away, misspend in planning, in whatever, consultants, so you know, do not punish the people saying, City ofMiami Page 16 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 well, you know, we need to reduce services because we have -- we were not prepare. We didn't have the portable radio or the flashlight for the hurricane, and now we have a hurricane, and now we want to say that some people in Tallahassee -- the same people we -- the City lobby to place Miami under special condition -- are trying to force us. This is not about Tallahassee. This is about the people ofMiami. We all know that the only way for economic development is to reduce taxes. That's what has worked in the United States everywhere, and you know, the lastl heard, we are in the United States, and it has worked in the United States, so, you know, we are not -- we're not doing miracles, but I think that we still could reduce the budget, and yes, to transfer the -- some of the economic development money because it wasn't all. It wasn't all. Those employees will not be fired. They will be transferred. Some will be transferred to the police. I just hope that the City will be more proactive in really being the steward of the people's money. Yesterday, the City Manager show me some of his ideas in the event of the City needing more cuts, and one of them was, well, more reduction to the Commissioners' budget. Fine by me. I don't have a problem, and yet, the Commissioners' office are clearinghouses for everyone because we are the frontline of defense. We get all the complaints. We try to explain. We try to work with the Manager. We don't have the capability of going out and fixing a pothole, but we just need to follow through, or the NET (Neighborhood Enhancement Team) office, for that matter, that do the same thing. I just want to tell my colleagues that I -- you know, I think that we still can cut more fat off the budget. You know, in Washington now, there is this hot issue about entitlements, and entitlements are what is big on the budget. You know, everyone places the -- everyone places their pet project there, and everyone get their wish, if they vote for the budget. I hope that my colleagues have something to say, but do like to say that there are many ways that we in the City can help the residents; yes, by doing what we need to do in the parks and bringing more police, and yes, by trying to be more proactive in using the bond money, but also, in bringing back the faith of the people by cutting the fat, by not keep talking about $200 million for a streetcar that we don't know where the money is coming in. Grandiose projects -- to keep supporting the Performing Arts Center with more than one million and a half dollars just because it's in the City ofMiami, or $50 million for the tunnel just because it's in the City of Miami. I wonder if FDOT (Florida Department of Transportation) has build Doral for the extension of the Palmetto just because it helps Doral. They haven't, or they have build Unincorporated Kendall MDX (Miami -Dade Expressway Authority) for the new flyover in Kendall just because it helps the traffic in Kendall. You know, we need to be more for our own. You know, the residents ofMiami were the people that save the City. You took the brunt, us, as a resident, of paying more taxes and fire fees and voting to keep the City when some people even -- didn't even care about what was going on in the City, and we need to give them back -- I hope that we can start a campaign to go after our County Commissioners and demand that, on January 29, the question about an elected property appraisal [sic] will be placed in the ballot because that would be the only logical solution for rising property values in Miami -Dade County, and for that matter, in the state -- in the City ofMiami. The poor people are hurting. Because we are OK, we, the homestead exemption people, you know. We sort of can pay, but those people in apartment buildings -- andl know them. The people -- there are 12 families in an apartment building on Southwest 5th Street that their rent has been raised last month $50 per unit, and these people are in Social Security, and guess what the guy that owns the building said to them? Well, talk to the City and the County. They raised my taxes, so I have to raise yours, so we haven't finish our work, not everything is happy. This is not Disney World. You know, we are a very poor city. We are a city with very deep problems. We need to just not celebrate that we can have a happy budget, but we need to keep working for the people, and I just hope, Mr. Manager, that you will show that we can cut more of this budget and give back to the people. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Mr. Chair. Chairman Gonzalez: Yes, go ahead. City ofMiami Page 17 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Spence -Jones: I'm going to hold my -- I just want to just clear up just some statements that was made by Commissioner Regalado, just so that my audience here and the folks watching it are real clear. On the issue of what we're voting on today, there was a statement that was made -- andl don't want to confuse anyone. We are not voting on, in this particular budget, nothing for the Performing Arts Center, nothing for the tunnel, nothing for the streetcars, and as a matter of fact, I'm almost clear that and almost sure that the fire fee issue is not included in that. I can't speak for anybody else, but I always want my residents and my constituents to know exactly -- andl think what Commissioner Regalado was speaking of was more from a global perspective and not necessarily in this particular budget, and I just wanted my audience and my constituents to know what they were voting on, and then I also saw that same list and was horrified by the list because what saw -- we didn't focus on Commissioners' budgets because, quite frankly, all of us cut our budgets anyway, but when we start talking about garage pickups being lessened or less police, less fire, less park -based programs and cultural events in our parks, I became very alarmed by that, but I'm glad to see that we were at least -- everybody understands the importance of making the necessary adjustments in order for us to provide the quality of services that we need to do for our residents, so I just wanted to at least clear up that statement, but Mr. Chairman, thank you for allowing me to say that. Chairman Gonzalez: Thank you. Vice Chairman Sanchez. Vice Chairman Sanchez: I would yield to Commissioner Sarnoff. Commissioner Sarnoff Well, I have to say this is my first year actually getting to manage other people's money. For the better part of 22 years, I've had the same law partner, andl can remember when we started out in law. We fought over who was getting the more expensive Dictaphone because it was that important to us. Since then, I've watched people come up here and complain that lawyers are only making $240, 000, and where's their pension, and where's their car allowance, and how can we expect them to live? What I can tell you is, having been a lawyer for 22 years, I still don't get a pension. I do not get a car allowance, andl don't quite get that thinking of utilizing other people's money the way some people here think it is not their money to spend. You have to be a good steward with the people's money. I can't tell you that I've seen the City ofMiami be a great steward with the City's -- with the money that I've seen come through, but on the other hand, I will tell you thatl think we're in a wakeup call. I believe, for the next three years, we're going to be facing a taxpayers' revolt, and this is the first round, and it's merely your wakeup call. Joe Sanchez coined the phrase, "Everybody wants to go to heaven, but nobody wants to die in the process." This is round one. There will be a round two, and there will be a round three, and the reason I'm supporting this mil rate for right now is because I know a round two and a round three is coming, andl want the City ofMiami to be able to react to that mil rate change. Anybody who thinks they're getting a midyear correction upward is wrong. You could be getting a midyear correction downward, andl can almost guarantee you your fiscal year 2009 budget will be significantly less. I call this a wakeup call. For the first time for some of you coming here, it's the first time you're not getting more money. It's the first time you're being asked to take less money. I, again, say to people who came before me, can you believe that Commissioner actually said can't get a pension. You know, to be a good steward with the people's money means making hard choices and hard decisions. When it came down to District 2, I figured a $10, 000 tax bill; 3,000 of that I figured was the City of Miami. We gave back about twelve and a half percent, so we gave you back about 360 bucks 'cause we had to 'cause the State said we had to. You guys heard that. That's called the rollback mil rate. Then they wanted another nine percent. OK, not hard to figure. It's about 250, $260. On a $10, 000 tax bill, you're doing reasonably well to live in the City ofMiami. I looked at what the cuts would be. I was the person that's been complaining up here, probably the longest, crime is up, crime is up, and crime has really been up in the past three months. I'm not here to set the panic, but am here to say we do not adequately police our streets with the means and the manner in which the judges allow the people out once they're arrested. We have heard time and City ofMiami Page 18 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 time again, whether it's Chief Fernandez get up here and tell us a man was arrested at 11 o'clock, he was rearrested at 2 o'clock, and at 4 o'clock, he committed murder. They're obviously doing their jobs. When I hear about somebody being arrested 600 times, and then the record, I think, is now 714 times, could the police just be that wrong? Could they just be misarresting [sic] a person that often? So I know they're doing their job. I know I don't represent the County, andl don't represent the State. I know there's a problem with the means and manner in which, once they get into the courthouse, they come out so frequently and so quickly, so I don't really blame the police, but from my perspective and for the reasons I've been elected, there are two essential services that believe the City ofMiami must maintain, primarily police. You have to believe you're safe and secure to simply go to work. You have to believe, in order to let your wife go shopping, or your husband, whoever does it, that he or she is safe and secure. You'd like to believe that when you have your first heart attack from working so hard to pay all these taxes and paying everything, that a fireman is going to be there; rescue will get there within seven minutes, because that's your lifespan; first ten minutes are critical. If you're ever going to have a good life after that, they have to get to you quickly, so you deserve good police, you deserve good fire. This budget provides 100 uniformed officers in the City ofMiami basically within the year. Most of them are PSAs (Public Service Aides), and you might think to yourself well, why would you hire PSAs? Because we need ears -- we need eyes on the streets for Miami, and a PSA can be gotten out there in three and a half, four months. A police officer can take 15 months. I say this to you, andl will say this to you, hopefully, from this dais for the next four years, we will add 100 police officers per year until we get to 1,700 uniformed officers, until a Chief Timoney, or his successor, comes up here and says we have too many police officers. Because we do not police adequately in the density that we're creating, and if we're going to create a dense city, we're going to have to get closer to 4.5 per thousand police officer rate to the populous than we presently have of 2.4 police officers per thousand. It is because this is so heavily dependent, this budget, on police and so heavily dependent upon giving back the Fire Department the trucks that they now sometimes borrow from Dade County and other various agencies 'cause they still don't have adequate equipment that I'm committed to pushing forward on this budget. I happen to believe, as Commissioner Regalado, that there are still things that need to be reshifted. I happen to believe this City Manager -- andl stress this to you -- should abide by his statements and go to the $15 a linear foot for the yearlong residents at Dinner Key. I think you owe that to them. I think they're long-term people. I think they deserve it. It's your discretion, but you know what? Discretion is the competition of competing interests, andl think that their competing interest is well served and well deserved that they should have their rates go up at a much decelerated rate than a 41 percent rate overnight, andl wish you to use your discretion and your good judgment in finding that money and those means to at least brace them so they can at least prepare not overnight for a budget increase that they -- or some of them, that's how they live, so it is for these reasons thatl am going to support this proposal, and I'm also going to suggest something; that we make a resolution imploring the County to do two things: As Commissioner Regalado had said, elect the property appraiser, but in doing a resolution imploring the County to do so, I'd ask them to look at Florida Statute 193, which says, in arriving at a just valuation as required under Article 4, Section 7 of the State Constitution, the property appraiser shall take into consideration the following factors, and number 7, in glaring lights, is the income from said property, not what is this property worth if the highest and best use of this property were employed, not ifI could put a condominium of 30 stories on top of this property, what should I appraise it for. No matter what your mil rate is, if your mil rate is .5 and you still assess a property at a million dollars, it's still going to cost you a lot of money, so it's a two-part equation, and we do not have a responsive appraiser in the County. We are the only county in the entire state of Florida that does not elect our property appraiser. Does that mean we're so right and everybody else is so wrong? Or is it we just got it wrong? And suggest and I urge this Commission to pass a resolution and urge the County to do two things: Elect the property appraiser and emphatically implore that Florida Statute 193.011, Section 7 be employed, and that be to assess the property based upon the income from that property, the income that that property generates because if you're going to have affordable housing in Miami, your taxes have to be affordable in order for that landlord to be able to charge a rent City ofMiami Page 19 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 that is affordable to that tenant. This is not trigonometry. This is not geometry. This is simple math. It's a two-part equation. We've got to get both parts right, otherwise, we're just up here speaking and spinning our wheels, so I think it's important that we, as a city, while they're undergoing a review process for their Charter, that we implore them to very simply do those two things, and with that, I'll yield to Commissioner Sanchez. Chairman Gonzalez: No. Commissioner Spence -Jones. Commissioner Sarnoff Oh, sorry. Commissioner Spence -Jones: Thank you, Mr. Chairman. First of all, I want to commend both the Budget director, the City staff everyone that worked together to find a way to cut this budget by 55 million. I think they need to be commended for, you know, making that happen, and also, I want to commend my colleagues for -- you know, we all have our issues regarding the budget and key issues that are going on in city government, and at the end of the day, we realize -- all of us realize that it's really important to make sure that we keep our constituents and our residents first, so I at least wanted to say that in the very beginning. I am OK with many of the recommendations. I just wanted to highlight a few of them, and I'm not going to be long, and then I'll turn it over to Commissioner Sanchez, and then I'll end with one that is really important to me in my district, and probably even to Commissioner Gonzalez's district because our areas are areas that truly need the most revitalization. First of all, I want to commend the City Manager on the park rangers. I think that making that adjustment by now giving us park rangers in our parks is very important, at least in my district, to now have at Hadley -- the opportunity at Hadley, new park that I'm putting in Little Haiti, and several other parks that I have in Overtown and other parts of my district to be able to have those park rangers, having someone in the parks at all times to keep crime, keep negative activities out of our parks is great, so I'm glad to see that change. The other thing that I'm very happy to see in the changes was the destroying of the unsafe structures. All of our districts, every single last one of us have unsafe structures in our districts, whether or not they be crackhouses or houses that have been abandoned and no one's been taking care of them, and that's been a big issue for us with Code enforcement in knocking those houses down so that we could have clean, safe environments, so I'm glad to see that that accommodation was made in the budget, and of course, I don't have to say it again. We all know -- all the residents know that if we can have more police on the streets to make sure that our neighborhoods are patrolled properly and our kids are safe, you know, that is the ultimate goal. I do want to, however, just at least -- andl understand that the Administration has made the necessary adjustments on making sure those employees are taken care of because, again, I sit very differently from my colleagues because I, myself once was a City employee, and regardless of what the situation is, yes, we do have a responsibility to the residents of the City. We also have a responsibility for the City employees, and we know when they're not taken care of one way or the other, it makes -- it's very difficult for them to perform their jobs or do the very best they can if they can't even take care of their own families, so and as ex -City employee, I'd be foolish to sit up here and not at least have or take them into consideration. I want to say in the last budget hearing, you know, I got a little upset by the issue of a department, which was Economic Development, and again, I'm glad to see that it's now folding into Community Development, and many of those projects that were going on will continue, but sometimes what we don't realize, as -- I try -- no matter what I do, I try to remind myself at all times that I'm just an ordinary person, and sometimes -- I even told the Manager the other day -- I have to remind myself that I'm even a Commissioner sometimes when I wake up 'cause I don't -- you know, I don't focus on that. I just focus on serving people, so any time that see that people are going to be affected by something, their livelihood, their families, you know, with what's happening in the City in general, whether or not it be their taxes, whether or not it be just, you know, jobs not being the way that they are or used to be in the City, you know, the few employees that you do have, you try your best to do the right thing, andl want to clear up something because sometimes the only things we have, you know, is our reputation, and we -- when we sit on this dais and we make comments about people and their work ethics and their City ofMiami Page 20 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ability to get their jobs done, we don't realize how we're affecting their lives even beyond here, andl wanted to just, at least, clear up something that was made or a statement that was made, and part of it was maybe the director didn't do a great job with being put on the spot when asked exactly what does your department do, but I think it's important and imperative, not only as the elected official from the community, but also as a young person, as an African American, and as a woman, I feell have a responsibility to at least clear that up for her, whether or not she stays here or not, I think it is my responsibility, so I asked the City Manager to clear up for me, so that I'm clear, on what Economic Development Department was actually doing, and these are the real stats, andl just want to be clear. Most of the work has happened, really, in my district, District 5, and Commissioner -- excuse me, Chairman Gonzalez's district, and most -- that's where a lot of the concentration has been, and a little in Little Havana, too, but I just want to be clear. The first thing thatl know, and based upon the report from this department, there was over $5 million, federal dollars, that have been brought to the City for development of properties in the City. I know for a fact that I've worked very hard with that department, whether or not it be for Little Haiti cleaning up all these brownfields that we have in the area, whether or not it be Liberty City and the brownfields that -- gas stations that we've been clearing up, andl think Allapattah might have even had one that was cleaned up because of the work from that department. You know, sometimes, you know, we send e-mails (electronic) about people and we say really nasty, ugly, mean things about people, and we don't really understand really what they've done, andl just implore those not just sitting here in the audience, but those that are watching to be very careful about, you know, what kind of energy you put out there because, you know, you may find yourself in that same position one day, and you would want people to have consideration about you. The other thing that -- number two thing was that there was a question around the number of jobs that had been createdfrom that department, and when I asked the question, the response I got back from the Administration, there's been over 203 jobs actually createdfrom that department. Then number three, the other thing was it stimulated the development of over 283 workforce units or affordable units in the City ofMiami, so this department was responsible for working along with developers in this area to create those units, and then, of course, at the end of the day, preserving the existing housing that we have in the area for over 554 residents in the community. Now I want to say, in closing, andl'm not going to be long, I just -- you know, Mr. Leroy Jones said it best, you know, when he got up to the mike, andl really appreciate and value him as a person and as an individual that's very concerned about what happens to small businesses and people within the communities, and sometimes we need in our -- in my district, especially, Little Haiti, Liberty City, Overtown, and even, I'm sure, in Allapattah, we need the extra push. We need the extra support of a department focusing on that particular issue of the small businesses, of cleaning up brownsfield [sic], or doing whatever's necessary in order to make these neighborhoods prime. Now I realize that some of my colleagues don't have the same issue because either some of their areas may be overdeveloped at this point, or some of their areas already have people that are already willing or already there in those particular communities. Unfortunately, in my community, it's not that way. I have -- as the district Commissioner, we have to go the extra mile to even encourage people to come, so while we may not see, you know, the value or others may not see the value of having a department that focuses strictly on attracting businesses, working with businesses, cleaning up abandoned lots or brownfields where old gas stations were, where I have a lot of them in my district, I understand the value of it, andl appreciate the value of it, so I just wanted to say to my colleagues, and as a former City employee, I think it's important that the individuals realize and understand that they will be taken care of because it's really important that we just don't push our people around 'cause, at the end of the day, you know, we can find ourself in that same position, so I just wanted to at least hear from the Manager and make sure that we're all on the same page, andl'm glad that Commissioner Regalado stated earlier on the record, andl really appreciate his support. He's always been a friend of District 5 and making sure that the residents of my district are taken care of so I'm sure, you know, from the very first meeting, it wasn't about not supporting my district. It was about really questioning what the district itself -- or what the department itself was doing, so in closing, I just wanted to be assured that those employees will be taken care of and they will be addressed or they are addressed in the budget City ofMiami Page 21 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 so that they at least have a place to go. Mr. Hernandez: Commissioner, those employees are addressed in the budget. They -- we are moving all the essential functions of Economic Development to the Community Development Department. We are savings in having less -- let's say we have administrative gains, and at the same time, we'll be able to place the administrative aides into open vacancies that are budgeted in the CD (Community Development) Department, plus the other four will be able to continue those functions in CD. CD -- or ED (Economic Development) -- I'm sorry, Economic Development had 14 positions, out of which we have eliminated 8. That's why we can net a savings of $1 million. Commissioner Spence -Jones: OK. Mr. Hernandez: With the remaining 500, we'll continue to operate all the consolidated functions out of Community Development, and all the employees of Economic Development will be, in essence, employed and taken care of. Commissioner Spence -Jones: And then we're going to make sure, in those areas where we know that we need the support to continue our economic development efforts, that function is not going to go away, correct? Mr. Hernandez: Correct. Commissioner Spence -Jones: That's all want to make sure. Commissioner Sarnoff Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Commissioner. As always, every year this is, by far, the toughest challenge that we face when we have to make sure that the balance -- the budget is balanced not only by State law, but here at the City, with all the needs. If you look at the trends that's been happening, Washington has cut funds, the County has cut funds, and basically, the burden falls on local government to continue to provide. It's a difficult process, and at times, there's a lot of disagreements and tense moments, especially when we have so much need in our community. If you look at what's happening in the past and this budget that was presented we did have an opportunity, through the process, to focus on recommendations that were made by Commissioners as we met with the City Manager to try to meet these cuts presented to us, which is required by state. Some of the things that were discussed between the Commissioners and proposed were things that I felt were very good, things that we needed to put money into. If you look, we've put close to $80 million in our parks. I've been here for quite some time, andl could tell you that our parks today is a much better park system that it ever has been. Why? Because we put the resources in. There were times when there wasn't that much money in those budgets. Still, we looked for the money because the citizens came up to these Commission meetings, and the voice of the people are heard in these Commission meetings. We want to improve our parks. We want to improve the quality of service in our parks. We want our children to have nice parks, where they could go and entertain themselves and not be out in the streets getting in trouble. We've done that. Eighty million dollars plus in beautfing our parks. Ladies and gentlemen, we talk about services, the basic services that we provide. That's what local government is all about, providing services to the residents that pay. This budget that's in front of us, just to give you a recap, is a reduction of a millage of 8.3 to 7.29, which has been set by this legislative body. That's a $31.6 million tax relief to our residents. The entire nine percent is $53.5 million. That leaves $22 million out there. Well, as our city's been able to progress and we've been able to improve the City, we need to have the money out there to provide the level of service that our taxpayers want, and if you look at where the money is going, it's going out there to crucial services. You're going to have -- in total, you're going to have 35 new police officers out there, 55 PSAs, and 10 detention officers that'll be out there protecting our streets. Why? I'll tell you City ofMiami Page 22 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 why. Our reality -- our fears will become our reality. I just want to elaborate a little bit on that. We have been blessed in this city with a good economic as to the development that has gone on in the City. Some have criticized it, it's fine, but you know what? Our unemployment rate has been very, very low compare nationwide. Well, as you know, the City's history is written in short chapters, and you're going to see a slump coming for quite some time now, so we may not see development for five, seven, eight years. Well, what's going to happen to all those individuals out there that capitalized on that industry? At one time, that industry was higher than the tourist industry in the city [sic] of Florida. A lot of people that work in construction or people that don't have that education, higher skill employment, but they've been able to capitalize on a job for at least five years making twenty -some plus dollars an hour. People want jobs. You know what's going to happen when that industry is gone? Those people are going to lose their jobs, and it's not only going to affect those people that have a family to sustain. It's going to have a triggering effect down the line as to those who sell air conditioning, carpet -- Chairman Gonzalez: Food, clothing. Vice Chairman Sanchez: -- building material, food, et cetera. Mark my words today in this Commission meeting, and the chief is here, and I'm going to bring him up in a little bit. Crime will go up, and that's why this city needs to focus on putting more police officers in the department that's understaffed to make sure that we provide that level of security where our city is a safe city because we don't need an incident where we won't be a safe city again, and then we lose the other industry that makes us such a great city, which is the tourist industry. Another thing that I'm very glad this year, there's $3.6 million went to the Fire -Rescue capital improvement. It wasn't in our budget. All the residents are very excited, and we're very optimistic and proud to say that the fire fee is over. It's behind us, but we still have to provide to our men and women, our firefighters that are out there with the proper equipment because I don't hear people complaining when somebody in their family is faced with a tragedy and they call Fire -Rescue, and Rescue's there to provide the best possible service they could provide, and they're good. Compared to other departments in the United States, they're one of the best, so people, don't complaint about that. We've also taken money and we've put into other things that I think are very vital to the City. One point two five million in park -- 25 park rangers. Why are we doing that? Because if we don't maintain our new parks and we don't put someone in our parks to take care of our parks, in the long run, we're going to be back out there fixing those parks, so not only does it provide security, it also provides maintenance for those parks. Let me tell you one item that I totally disagree with, and that's when we have disagreements and tense moments. That was when we decided to eliminate the Economic Development Department. The City ofMiami, based on everything that I've spoken before pertaining to the jobs and the opportunities, more than ever, more than ever now needs an economic department -- an economic development department to attract businesses -- maybe not Fortune 500 businesses, but businesses that are going to come down to our city and maybe come and bring maybe ten employees and grow to be fifty, a hundred, two hundred employees in our cities because it's all about providing opportunities. We have to have a real plan, and this budget sets out a roadmap, not just criticism, not just pointing fingers, but providing solutions. It needs to be practical, and we need to be responsive and responsible when it comes to this budget. I'd like to ask -- andl think the answer has been already answered by the City Manager pertaining to Economic Development. Economic Development will be merged in with Community Development. Mr. Hernandez: Yes, sir. Vice Chairman Sanchez: Is that correct? Mr. Hernandez: Yes, Commissioner. Vice Chairman Sanchez: That's part -- City ofMiami Page 23 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Hernandez: Yes. Vice Chairman Sanchez: -- of this budget -- Mr. Hernandez: Yes. Vice Chairman Sanchez: -- as we speak. OK. Now what I'd like to have is, ifI could have -- Chief Timoney, could you come up, please? Chief, if we approve this budget tonight, you already have a hundred police officers that are possibly either on their way or on their way to get training, to get certified by FDLE (Florida Department of Law Enforcement), go through a field training program, and hit the streets. You'll also have an additional 35 police officers in this budget. I need to know how long would it take you for those officers to go through the academy, get a uniform, get a car, and be out on the street. Chief John F. Timoney: Thank you, Commissioner. John Timoney, chief of Police. I'm joined by Deputy Chief Frank Fernandez, chief of field operations, and Chief Adam Burden -- Assistant Chief Adam Burden, the chief of administration. You're right. We have been given those additional fundings [sic] for additional police officers, and we planned a pretty aggressive campaign as far as hiring. We're looking to do four classes this year of approximately 30 police officers each class. That would give you about a hundred and twenty for the year you would net. However, we're losing right now about six a month, so do the math. We will net out about 50 police officers at a minimum. We think we could also hire lateral transfers over from other agencies, and so maybe, hopefully, we could end next fiscal year -- I'm sorry, next calendar year with an additional 60 above what we have now, taking off the attrition. From the time a police officer gets hired to the time he or she is fully trained, field training equipped, anywhere from 14 to 15 months. The Commission's also been gracious in giving us additional 43 PSAs. PSAs are these young men and women in police -looking cars, in uniform that go out there; can direct traffic, take reports, do other nonemergency jobs that free up police officers for patrol. They're additional eyes and ears out of there, and then, finally, there're also a bit of a recruitment pool for us. Quite a few of these young men and women, after a year or two, go on to become full-fledged police officers, as the Chief Fernandez and quite a few of our present police officers. The only way we could have done all of this, by the way, you were very gracious in giving us those, but had we not gotten that contract, had the Manager not made arrangements to give those police officers a good contract -- Vice Chairman Sanchez: I'm aware all that. Chief Timoney: Exactly -- which now -- Vice Chairman Sanchez: I just wanted -- Chief Timoney: -- allows us to be competitive, vis-a-vis other police departments. Vice Chairman Sanchez: I think the question that everyone has is -- Chief Timoney: Yeah. Vice Chairman Sanchez: -- once we start the hiring process, we want to see those cops out on the street. When do we expect them to be out on the street? Chief Timoney: Well, we hired -- the first class is going in some time in October. Counting 15 months from then, you'll see them as full-fledged police officers. Now you're going to see them after six or seven months, but they'll be out there, they'll be in training. They'll be working with a field training officer. There'll be two in a car, but when they're up and ready and running that they can handle it by themselves, about 15 months. City ofMiami Page 24 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: How 'bout the PSAs? What's their training? Chief Timoney: PSAs will be about three months, which is great. Three months of training, you have them out there in cars, in uniforms, so that will be a great addition. Vice Chairman Sanchez: So that money is going to good use as to provide better service and what people want, at the end of the day, they deserve the best possible service, and they're going Chief Timoney: That's correct. Vice Chairman Sanchez: -- to get it. Chief Timoney: Yes, sir. Vice Chairman Sanchez: All right. Chief Bronson [sic], Shorty. Chief William Bryson: William -- Vice Chairman Sanchez: Shorty -- Chief Bryson: -- Bryson, Fire chief yes, sir. Vice Chairman Sanchez: What would happen if, for whatever reason, you would not be able to get this $3.6 million that goes into your capital improvement projects for your department? Chief Bryson: Well, first of all, the stations we've been planning on building would not be built, Stations 13 and 14 in the northeast and on Coral Way. Station 1 that we're working on rebuilding over near Miami -Dade Community [sic] College would not be built. Basically, I have 19 structures that would not be maintained, which are 14 fire stations, training centers, administration building; equipment wouldn't be bought. We would be in an unsafe situation on our apparatus. We would have trucks that would break down on the way to scenes, et cetera, so that's money that we live off of. That's our life blood. Vice Chairman Sanchez: All right. Is the CFO (Chief Financial Officer) here? Larry. Commissioner Spence -Jones: Larry. Vice Chairman Sanchez: Larry, as usual, you know, it's nice to say we need to cut more, but you know, how we're going to do it, got to put a plan out there. Let me just ask you one thing. One of the things that was discussed was dipping into our reserves. What is your opinion on dipping into reserves? Larry Spring: Commissioner -- Larry Spring, chief financial officer. As stated before, you know, by itself you know, it does send a signal. When you look at dipping in reserves long term, for the City's financial future, it is not a good thing. After the financial crisis, the City ofMiami committed to Wall Street that we would, indeed, commit ourselves to making sure that we were financially, fiscally stable. The reserve -- and it's a question -- every time I meet with the bond rating agencies, the first question they ask is, where are you with your reserves? Are you using it to balance your budget this year? Fortunately, the last couple of years, we've been able to say no, and in fact, last year, we gave back nine million bucks to the reserve, so long-term, I would say that it'll have a detrimental effect to our bond rating, which, you know, probably could cost the City, you know -- City ofMiami Page 25 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: In debt service. Mr. Spring: -- in debt service. At least -- well, in issuance cost. If you look at the last couple of issuance that -- bond issuances that we've done, we probably would add about a million dollars to our cost. Vice Chairman Sanchez: What's our bond rating right now? Mr. Spring: We have AA ratings for all of our bond rating, so -- Vice Chairman Sanchez: Now -- Mr. Spring: -- from Standard & Poor's, Moody's, and Fitch -- Vice Chairman Sanchez: -- about nine years ago, we were what? Mr. Spring: Junk. Vice Chairman Sanchez: F rating, junk, OK. I have one more other question, and then I'm closing. I do want to speak on the issue, the marina fees, as to the annual permits. I do have information here pertaining to the different marina rates, and if you look at the years, you look at Miami Beach Marina, they're paying $25 a square foot. Correct me if I'm wrong. I may be wrong with these numbers. Sunset Harbor is $30 a square feet [sic]. Grove Harbor is $32. Boy, I can't afford a boat. Rickenbacker is 16.25; is that correct? And Bayshore Landing is $22 an hour [sic]. Now the City ofMiami is 12.60, right? Is that correct? Unidentified Speaker: That's current. Vice Chairman Sanchez: That's current. Unidentified Speaker: Before the rate increase. Vice Chairman Sanchez: All right. Well, let me just also add onto Commissioner Sarnoffs, that I would like to see a more compatible [sic] rate to other marinas, where, you know, I am OK also with the $15 square foot to provide them also a relief, if that's -- Mr. Hernandez: Fifteen thirty. Vice Chairman Sanchez: Fifteen thirty. I just wanted to add that because I feel that the 42 percent increase taking it to 18 -- you know, it's higher than the Rickenbacker and some other marinas. On -- now we are forced to make very tough decisions this Commission meeting because we have cut the budget. There's no doubt about it. Every department that's come through here, we've been able to reduce the budget because we have to. We have to reduce the budget to be able to provide tax relief to our residents. We have that obligation in our budget. The one thing that I think it's very important that we address is the long-term commitment that we must have because next year, as Commissioners have stated, it's another nine percent cut, so next year, we will be faced again with similar circumstances, where we would have to be able -- we would have to reduce our budget, so we ask that the pain is shared, maybe not equally at times, but everyone will feel this pain, and we must tighten our belts. We need to tighten our belts in this budget, and therefore, after reviewing the budget and the public input that we've had, I feel comfortable in supporting this budget. Thank you. Chairman Gonzalez: All right. Commissioner Regalado, second -- Commissioner Regalado: Thank you, Mr. Chairman -- City ofMiami Page 26 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- bite at the apple. Commissioner Regalado: -- and you know, it's -- I think it's important -- and by the way, it's the most important thing that this body does every year, andl do agree. As a matter offact, on the budget workshop and on the first hearing, the safety of the residents were the paramount concern of everyone here, all of us, and the fact that we transfer some money from some office to the Police Department showed that. It didn't show that we were not supporting one aspect or other aspect. It showed that the majority of the members of this Commission recognized that safety is the priority, number -one priority in the City. I would like, however, to ask the Manager for some commitment on the record, and in order for me to feel comfortable supporting this budget, I have minor things, not deal -breakers or anything, but I really need the Manager because we hear the people. Like, for instance, on the public service aides, recently -- well, years ago, the PSAs that were at the NET office were eliminated. Now a resident calls and she or he is told that they have to go to Flagler and 22nd, which is the most closer to our district, and it is like adding insult to injury because you're a victim of a crime, and somebody tells you, well, guess what? You have to come here. Well, my car was stolen. Well, take a taxi to report. My request to you would be that you will commit to have public service aide at the NET office, at least two during the hours that it's open so if there is a call from a resident that had had a minor robbery, a burglary, that we could pay a visit to that resident. It feels better, after you have been a victim of crime, to see an official City car in front of your house within the -- a logical period of time. I don't think that that's much to ask. I think that it shows an act of good faith of sending back the safety, the public safety members of the City back to the neighborhoods, so I just wanted to know your ideas on that. Mr. Hernandez: Commissioner, I totally agree with the concept. At midyear review of the budget, you did approve, I believe, 12 PSAs, I think, so those should be the ones that would be available first. I have commitments to have PSAs in every one of the districts, and we can start by providing that kind of service at the NET office to be supplemented with the additional -- I think the next wave would be 43, that hopefully would be available within the next four or five, six months because I know those take only three months to train, so I totally agree with the concept. My commitment will be to provide the PSAs available to every NET office. Commissioner Regalado: Thank you, Mr. Manager. The other thing that really I cannot understand -- and you know, everybody now talks about First Amendment, and you know, (UNINTELLIGIBLE) in Columbia University and the debate. I cannot understand why we do not broadcast the Civil Service Board sessions on Miami TV (Television). I cannot understand it for one reason. It is done in public. Anybody can come and see. Anybody can even record what has been said, and yet, we decided that it's not in the best interest of the resident of the City of Miami to broadcast the Civil Service, so why do we want not to show the residents ofMiami the Civil Service Board? I know it has been an issue that we have back and forth, but how -- why can we decide what is wrong for the residents of the City ofMiami to see or not to see? Mr. Hernandez: Commissioner, I passed out a letter that -- or a memo -- no, it was a letter that I sent to the chairman of the Civil Service Board with my position on the subject matter. I think that the idea of Communications is to basically provide information to our residents, and the issues discussed at the Civil Service Board are issues that deal more with personal matters of employees, even health matters that don't think are of public interest or do any benefit to the entire community. However, the last time that they were meeting here, I came into the room. I talked to them. They brought that issue up, andl even told them about my concerns, andl opened the door to sitting down with them and discussing it in more detail -- Commissioner Regalado: But why -- Mr. Hernandez: -- and -- City ofMiami Page 27 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Regalado: -- don't we do that in private? Mr. Hernandez: Well, it's not really in private. It is a public meeting. Commissioner Regalado: No, no. If it's embarrassing -- Mr. Hernandez: Right. Commissioner Regalado: -- for the employees, why don't we do it in private? Mr. City Attorney, why don't we do this at closed doors? Jorge L. Fernandez (City Attorney): There is no basis to have it in close -- behind closed doors. It's a regular meeting, and the employees' disciplinary process is provided for in the rules of Civil Service, and courts do not hold private -- I mean, very exceptional, very few cases -- Commissioner Regalado: Courts do -- Mr. Fernandez: No, no. Commissioner Regalado: -- have closed sessions. Mr. Fernandez: One percent, maybe two percent of the time. When it -- in the opinion of the judge, it is extremely critical either for safety reasons, or to protect children, or to do something of that nature, but as a general rule, courts do not hold private sections -- sessions. Commissioner Regalado: So -- Mr. Hernandez: But at the same -- Commissioner Regalado: -- one percent of the board meetings is the Civil Service Board. Mr. Hernandez: Just -- Commissioner Spence -Jones: Mr. -- Mr. Hernandez: -- to -- you know, for general information, some of the Civil Service Board's meetings are held in private, and we went ahead and we started contacting other governmental agencies in South Florida and across the state, and even in other states. The norm is these meetings are not televised, and some of them are private. Commissioner Spence -Jones: But Mr. Chairman, can I just ask a question? I mean, I know we talked about this like less than maybe two or three meetings ago about -- in reference to airing these -- I just need to ask this -- does this have -- us having this discussion, does this have a fiscal impact on the budget? Is that the reason why we're talking about it? Mr. Hernandez: I don't think so because the meetings are held -- Commissioner Spence -Jones: I mean, do we have to pay to air it or something? Mr. Hernandez: -- in this chambers, so it wouldn't be -- Commissioner Spence -Jones: So it doesn't -- I'm just trying to -- Chairman Gonzalez: May I, for a minute? You know, we have -- like Commissioner Jones [sic] City ofMiami Page 28 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 says, we have beat this dead horse 20 times, and it's very simple. It's up to us -- Commissioner Spence -Jones: Yeah, to vote on. Chairman Gonzalez: -- to decide if we want it televise or not. All it takes is one of us making a motion, having a second, and having three votes to have it televise because I remember that for years and years and years and years, those meetings were televised. I never heard from any of the people that came to those hearings their -- a concern for being -- feel ashame [sic] of being on television. I never heard a complaint from any board member that they didn't want to be televise, so I don't know. One day, it was taken out of the air, and that's it, and ever since we've been talking about it for more than three years now. Commissioner Regalado: And Mr. Chairman, you're right. It only takes three votes, butt was talking more -- not about that specific program or issue, but about transparency. You know, it is - - this is a city that is governed by the Sunshine law. Everything has to be done in public, everything has -- should be done in public, everything should facilitate. We just had to go to the State Attorney because somebody made a mistake and not advertise a public -- what is supposed to be a public meeting. My concern is that in order to gain the trust of the resident, we should be everyday more transparent in everything that we do in government. I mean, the other day we got a memo from the City Attorney saying that we should not allow journalists in our computers because they might insert a virus. That's -- to me, it was a little strange because I let journalists - - everything that is done in our office, it is public, so I'm mentioning this as part of -- you know, there is a sense in the public that we do things behind their back, and that's wrong, so I could do that. I could do, but I won't do it today, whenever the Chair decides. The other thing, your commitment -- lastly, your commitment, Mr. Manager, about the rates, and I'll tell you what. I don't own a boat. I can't go on a boat because I get dizzy, so I will never be able to go on a boat. I don't -- not even drinking -- taking those pills. I feel -- so it's not about boats. It's about City ofMiami residents. It's about sending a message that we take care of our own, that, you know, you are a resident of the City ofMiami, you are privileged, and if the State wants to penalize, so be it. You know, we are just started this meeting fighting with the Speaker of the House and the president of the Senate, and we going to sue them, and we going to defy them, and yet, we are afraid that the State would penalize us because we want to take care of our own. That is wrong. The City of Coral Gables, if you are a resident, you could have parties in their park free. They don't charge residents, but if you are an outsider, they will charge you, and charge you well, and to my knowledge, no one has sue, so I don't understand this bravado with the Legislature, and then we cannot just say, well, you know what? They're residents and they need to be taken care of and this -- I'm talking -- and I'm talking on the parks too, and think that we should consider that City ofMiami resident who want to have their party in the parks should not pay rent, only pay the employee, the -- for the -- to clean what they do because people do need -- I mean, if we are paying what we are paying -- OK, so we decide to eliminate the fire fee, but we were paying the fire fee for several years while other cities weren't, and we didn't say anything, so, Mr. Manager, I just want your commitment, not on the boat issue also, but we need to be more friendly to our residents, the people that pay your salary, that pay the huge salary that many executive has here in this city government, and you know, they deserve a break, and so, I just want your commitment on the vote because it's a more -- what we've been discussing, but also would like you to consider to discuss with us that City ofMiami resident should have benefits in all our parks, in all our facilities, because that's the way it is. We -- like you say, you know, we are supporting a budget that is to increase safety and quality of life for the residents of the City ofMiami. Well, let's give them something not only to be safe, but to be happy, and to be damn sure that they want to keep living in the City ofMiami, so are you going to reduce the rates of the dock? Yes or no? Chairman Gonzalez: All right. We need to have an answer because we need to -- Mr. Hernandez: Yes. City ofMiami Page 29 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- vote on this, or we're going to -- Mr. Hernandez: Yes. Chairman Gonzalez: -- continue until tomorrow morning here. Mr. Hernandez: No. The answer is -- Chairman Gonzalez: I mean, Jesus Christ. This have become a, you know -- Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: -- (UNINTELLIGIBLE) supper. Mr. Hernandez: If -- Commissioner Spence -Jones: Mr. Chairman, your -- Chairman Gonzalez: Jesus. Commissioner Spence -Jones: -- Budget director's been standing for two hours. Can he sit down until you --? Chairman Gonzalez: Yeah. Mr. Hernandez: Yes, Michael. Chairman Gonzalez: You might as well sit down. Commissioner Spence -Jones: I mean, Mike -- I mean, I know you -- Vice Chairman Sanchez: Hey, go for some coffee. Commissioner Spence -Jones: -- just sensitive to the fact that you've been standing there for two hours, andl was waiting for somebody from the City Manager team to bail you out, but he's been standing for two hours, so you can sit. You don't mind, right, Mr. Chairman? Chairman Gonzalez: Yeah, yeah. Have a seat. Commissioner Sarnoff Stand, stand. Chairman Gonzalez: Have a seat. Don't worry. You know, we'll call you when we're ready. Maybe if you want, you can go and have dinner, you know? Mr. Hernandez: Commissioner -- Chairman Gonzalez: Jesus. Mr. Hernandez: -- Regalado, I totally agree. How can I say no? It makes a lot of sense in the world. Maybe someday when we have, I don't know -- when we charge for parking maybe around the marinas, we can provide free parking to our residents, so I do like that concept, and Ill work with parks and look at the possibility of being able to allow the use of the parks, you know, the pavilions, et cetera, for free by City residents. With respect to the marina fees, my proposal is to, in essence, bring it down for the annual permit fee to $15.30 per foot, and the way City ofMiami Page 30 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 I plan to cover that is when we identified the overall reductions that show as 55, andl deduct the thirty-one and a half that are required by the rollback millage, I have 23.5 million, the bulk going to Police, Fire, you know, Parks, and things like that, andl have one line item that is citywide fleet -- that plan to, in essence, conduct an inventory of our use of cars, and I'm going to extract the monies from that line item to be able to cover the deficit in the revenue that would be caused by the reduction to 15.30. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Mr. Hernandez: I'll accomplish it. Chairman Gonzalez: You have an answer. All right. I haven't had a chance to say a word, and I've been listening for -- right now it's -- Commissioner Spence -Jones: Two and a half hours. Chairman Gonzalez: -- two and a half hours, and I'm just going to be short. There is no way that we can cut taxes the way people -- some people want taxes cut and have services, the type of services that people want. You can't have it both ways. If you make a thousand dollars a month, you have to live one way. If you make $500 a month, you have to live with, you know, less things, and you have to live according to the budget that you have, and it's very easy for these politicians in Tallahassee that are not in contact with the people to try to determine how we should run our city, but guess what? Whenever there is a crime in our neighborhoods, we get the calls. Whenever there is a pothole, we get the calls. Whenever there is no light on the light poles on the streets, we get the calls. Whenever we have a Code enforcement issue, we get the calls because we are the first respondent, and we are in contact with our people every single day of the week. As a matter of fact, any citizens in the City ofMiami that has a problem, they can come here and go to any one of our offices. Can they take a plane and go to Tallahassee to complain? I guess not, and you can call their offices, and you have a machine answering, and if you get lucky, maybe you get an answer in two days, if you get an answer, OK? It's very, very simple for them to be proposing deep cuts on taxes for certain people, by the way, because what they are proposing is discriminatory. They are not proposing a tax cut for every single property owner. People that own rental properties and that rent -- that own commercial property are not getting any benefit at all, and guess what, what's even worse? People that rent that don't own a home, they're having a real, real, real tough time, andl tell you because, in my district, most of the people in my district are working class, and they rent, and many, many families can't afford to pay their rent and to feed their kids at the same time and to pay their insurance and to pay the things that they have to pay for, but the County continue to increase the property value of those properties, and the property owners continue to increase the rent to cover their deficits, and who's paying? The middle class and the working class and the poor class, but Tallahassee, they didn't had brains to find that out and say, you know what? We need to be more ample. We need to cover everybody. No. By the -- you know, look what is happening now. The court have decided that whatever they proposed, they have to change it because they won't accept it to go to the 29 -- the January 29 ballot, and they are proposing that we continue to cut taxes, more taxes, but they also want us to contribute to build a train. They also want us to continue contributing to a tunnel. They were not good enough to support the City ofMiami and the County with $30 million to build a stadium. Two years in a row or three years in a row, they couldn't come up with $30 million, but they can dictate to a city to cut $60 million in their budget. It's very easy to sit in Tallahassee for three months and decide on the lives of hundreds of thousands of people in different cities and different counties, OK, so I'm going to support this budget and right now I'm walking -- I'm going door-to-door in my district, and you know what my -- what the people in my district are concerned about, Mr. Manager? They want their road fixed They want new sidewalks. They want police protection. They want more solid waste pickup. That's their concern. They want more services and better services. That's what I'm getting from the people City ofMiami Page 31 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 in my district right now, so that's what the people ofMiami are concerned with. They want better parks. They want more programs in the parks. That's what the people are concerned in the City of Miami, so having said that, I'm ready to -- Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: -- vote, if we have -- we have a motion, I believe. Vice Chairman Sanchez: I would make a motion -- Chairman Gonzalez: No. We already made a motion. We've all forgot about it because it was two hours ago. Vice Chairman Sanchez: No, no, no, no, no, no. Yeah, but listen, I want -- Chairman Gonzalez: We had a motion and we had a second. Vice Chairman Sanchez: -- an amendment to reflect the 15.30 annual dock fee for City residents included. Commissioner Sarnoff I'll second that motion. Chairman Gonzalez: All right. There is an amendment to the first motion, and there is a second to the amendment. All in favor, say "aye." It's a resolution. The Commission (Collectively): Aye. Chairman Gonzalez: All right. Mr. Fernandez: That was BH.3. Vice Chairman Sanchez: Yes, the budget. Commissioner Regalado: So, Mr. Manager -- Chairman Gonzalez: That was BH.3. Vice Chairman Sanchez: 3. Chairman Gonzalez: Yes. Commissioner Regalado: It was a 5/0 vote. Chairman Gonzalez: All right. Mr. Hernandez: Thank you, sir. Chairman Gonzalez: Mr. Budget Director. Commissioner Regalado: Mr. Manager. Vice Chairman Sanchez: You want to do a roll call just to -- Mr. Hernandez: I -- City ofMiami Page 32 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: What do you need a roll call for? Everybody voted, right? Vice Chairman Sanchez: No, no, no, no. Commissioner Regalado: No, everybody voted. Chairman Gonzalez: Everybody said yes. Vice Chairman Sanchez: Listen, a little sense of humor. Commissioner Regalado: But what I'm saying -- Chairman Gonzalez: Jesus. Vice Chairman Sanchez: A little sense of humor there, Chair. Commissioner Regalado: -- to the Manager is that it's -- this vote is airtight in reference to whatever the legislature can do, airtight, so we need to get the commitment rolling in the next few weeks because we need to show the people that we have done the right thing in order to bring more police, more PSA, more services -- Chairman Gonzalez: Right. Commissioner Regalado: -- and not, you know, another postponed hopes -- Chairman Gonzalez: Right. Commissioner Regalado: -- to the people. I'm just -- Chairman Gonzalez: All right. BH.4 07-00724 DISCUSSION ITEM Department of A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING A Finance FINANCIAL UPDATE AND BUDGET OUTLOOK. 07-00724 Summary Form.pdf DEFERRED Chairman Gonzalez: Ladies and gentlemen, that concludes the budget hearing for -- Pamela E. Burns (Assistant City Clerk): Mr. Chair. Chairman Gonzalez: -- '07-'08. Ms. Burns: Mr. Chair. Chairman Gonzalez: Yes, ma'am. Ms. Burns: For BH.4, do we have an action for the record as to what occurred on BH.4? Chairman Gonzalez: BH.4? Ms. Burns: Yes, sir. Jorge L. Fernandez (City Attorney): BH.4, Larry has put on the record that this item -- City ofMiami Page 33 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Be deferred. Mr. Fernandez: -- is being deferred. Chairman Gonzalez: It is being deferred. Ms. Burns: To what -- is there a date certain? Mr. Fernandez: No, no date certain. Chairman Gonzalez: No date certain. Ms. Burns: Thank you. Chairman Gonzalez: All right. BH.5 07-01095A DISCUSSION ITEM Downtown FINAL PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE Development AND TENTATIVE BUDGET FOR FY 2007-2008 FOR THE MIAMI Authority DOWNTOWN DEVELOPMENT AUTHORITY. PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE THIRTEEN AND 73 PERCENT (13.73%) SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: PURPOSE: DOWNTOWN ECONOMIC DEVELOPMENT PROGRAMS COST $ 537,988.53 100 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 OR THE AMENDED FINAL BUDGET AS NECESSARY City ofMiami Page 34 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-01095A Cover Page.pdf DISCUSSED Chairman Gonzalez: All right. BH.5. Mr. Budget Director, BH.5. That's DDA (Downtown Development Authority). It's a discussion item. Commissioner Spence -Jones: Did you do BH.4? Chairman Gonzalez: We need it read in the record, please. Dana Nottingham: Good evening. Dana Nottingham, executive director of the Downtown Development Authority. I'd like to read into the record the following discussion item. Final public hearing to discuss the proposed millage rate and tentative budget for fiscal year 07-08 for the Miami Downtown Development Authority. Percentage increase in millage over rollback rate, 13.73 percent. Specific purpose for which ad valorem tax revenues are being increased, downtown economic development programs; cost, $537,988.53, a hundred percent. City Commission listens and responds to citizens' comments regarding the proposed millage increase and explains the reasons for the increase over the rollback rate. Actions by the City Commission: One, amend the budget, if necessary; two, recompute the proposed millage rate, if necessary; three, publicly announce the percent by which the recomputed proposed millage rate exceeds the rollback rate; four, adopt a final millage rate; and five, adopt the final budget or the amended final budget, as necessary. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to give us an input on the DDA millage or the budget. Jorge L. Fernandez (City Attorney): In essence, Mr. Chairman, what's happening is that now you're also opening up BH.6 and BH 7, which are part of and flow naturally from what he was reading under BH.5, and -- Chairman Gonzalez: That's what I just did. Mr. Fernandez: -- these three items are the millage and the budget for the DDA, following pretty much the same format as you just did for the City ofMiami because, as you know, the DDA is a separate taxing authority, so actually, what you're doing now is opening up BH.6, which is an ordinance, andBH.7, which is the actual budget. Vice Chairman Sanchez: Why don't we take them up separately? Chairman Gonzalez: Isn't that what I just announced, or am I losing my head? Vice Chairman Sanchez: Yeah, but he's saying to take them up -- Commissioner Spence -Jones: He's trying to make (UNINTELLIGIBLE) -- Mr. Fernandez: Just -- Chairman Gonzalez: He said take them -- we can take them together. We can -- Mr. Fernandez: Yes, you can. City ofMiami Page 35 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.6 07-01096 Downtown Development Authority Chairman Gonzalez: -- take the input together, and then we -- Mr. Fernandez: Open up. Chairman Gonzalez: -- vote separately. Mr. Fernandez: Correct. Vice Chairman Sanchez: All right. Mr. Fernandez: Correct. Vice Chairman Sanchez: OK. All right. Chairman Gonzalez: Right? Mr. Fernandez: Right. Chairman Gonzalez: All right. Anyone from the public that wants to address the Commission on these items, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI ("CITY") AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01096 Cover Memo SR/FR .pdf 07-01096 Pre -Legislation SR/FR.pdf 07-01096 Legislation SR/FR.pdf 07-01096 Boundaries Designated SR/FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado City ofMiami Page 36 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 12948 Chairman Gonzalez: Now we're going to vote on BH.6, which is the millage ordinance. Is there a motion on that? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion. There is a second. It's a resolution. Jorge L. Fernandez (City Attorney): It's an ordinance. Chairman Gonzalez: I'm sorry. It's an ordinance. Vice Chairman Sanchez: But -- Chairman Gonzalez: Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call on BH.6. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. BH.7 07-01097A RESOLUTION Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Development APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD Authority VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME, FOR THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008; 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, 2007 AND ENDING SEPTEMBER 30, 2008 FOR THE OPERATIONS OF THE CITY OF MIAMI. 07-01097A Legislation.pdf 07-01097A Cover Memo.pdf 07-01097A Certification Of Taxable Value.pdf 07-01097A Preliminary Disclosure.pdf 07-01097A Pre-Legislation.pdf 07-01097A Pre -Legislation 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado City ofMiami Page 37 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.8 07-01098A Bayfront Park Management Trust R-07-0557 Chairman Gonzalez: All right. Now we got to vote on BH.7, which is a resolution. Is there a motion? Vice Chairman Sanchez: That's the bugdet. Chairman Gonzalez: That's the budget. Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Mr. Chairman, can I just put something in the record on this --? Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: This budget is based on a comprehensive approach to downtown. Seventy percent of this budget is going towards cleaner, safer, and capital improvement projects in downtown, first time in the history of the DDA (Downtown Development Authority). This is the largest amount of money that's going out to the street for services to improve the quality of life, and I'm very proud of that. I'm very proud of the executive director. I'm very proud of the staff at the DDA, and the board, in itself, because we do have a great board, and we are making progress, and thank 'em for putting up with me, and at times, I could be a little tough, but I thank you for allowing me the opportunity to work with you and make downtown a great place to live, work, and play. Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: And l just want to say to Dana and his whole team that they have been doing an outstanding job, andl really appreciate everything that you're doing for the downtown area. Your team is awesome, and l just wanted to commend you for putting together a great budget. Chairman Gonzalez: All right. Dana Nottingham: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE AMOUNT OF $6,616,000, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. City ofMiami Page 38 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-01098A Legislation.pdf 07-01098A Exhibit.pdf 07-01098A Exhibit 2.pdf 07-01098A Cover Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones BH.9 07-01100A Off -Street Parking Board R-07-0558 Chairman Gonzalez: From BH.8 to BH.17, they're all resolutions, and I'm going to take them one by one. BH.8 is the Bayfront Park Management Trust. Is there anyone from the public that wants to address the Commission on BH.8, Bayfront Park? All right. Seeing none, hearing none, the public hearing is closed. Yes, sir. Timothy Schmand: What I'm ask -- Good evening, Commissioners. What I'm asking is that you approve the Bayfront Park Management Park annual operating and capital budget, in the amount of $6.616 million, and it was approved by the Bayfront Park Management Trust at a meeting on September 4. Chairman Gonzalez: All right. Is there a motion on the Bayfront Park? Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Mr. Chairman, once again, Tim, thank you so much. Mr. Schmand: Thank you. Vice Chairman Sanchez: Bayfront Park stepped up to the plate. They took a half a million dollar cut from their budget. It was approved by the Board, and once again, it is a trust, through the leadership of the executive director, that it continues to provide a great service to the City, and it's a pleasure to work with you. Thank you, Tim. Mr. Schmand: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OFF-STREET PARKING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, IN THE AMOUNT OF $13,994,429, EXCLUDING DEPRECIATION, AND OTHER NON OPERATING EXPENSES OF $5,036,133. City ofMiami Page 39 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-01100A Legislation.pdf 07-01100A Exhibit.pdf 07-01100A Exhibit 2.pdf 07-01100A Cover Memo.pdf 07-01100A Memo.pdf 07-01100A Memo 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0559 Chairman Gonzalez: All right. BH9, Off -Street Parking budget. Yes, sir. Scott Simpson: Scott Simpson, Miami Parking Authority. We're here tonight to respectfully ask for approval of the operating budget for the fiscal year 2008, in the amount of $13, 994, 429. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second on BH.9. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BH.10 07-01102A RESOLUTION Off -Street Parking A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Board ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, TO PROVIDE FOR THE OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, IN THE AMOUNT OF $1,148,169, EXCLUDING DEPRECIATION. 07-01102A Legislation.pdf 07-01102A Exhibit.pdf 07-01102A Cover Memo.pdf 07-01102A Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0560 Chairman Gonzalez: BH.10, Off -Street Parking, Gusman and Olympia. Vice Chairman Sanchez: So move. City ofMiami Page 40 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. Anyone from the public that wants to address the Commission on this item, please come forward Seeing none, hearing none, public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Scott Simpson: Thank you. BH.11 07-01040A RESOLUTION Fire Fighters/Police Retirement Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FUND ("FIPO RETIREMENT TRUST FUND"), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, ATTACHED AND INCORPORATED, IN THE AMOUNT OF $1,962,134, EXCLUDING NORMAL COST, TO PROVIDE FOR THE ADMINISTRATION OF THE FIPO RETIREMENT TRUST FUND. 07-01040A Legislation.pdf 07-01040A Exhibit.pdf 07-01040A Cover Memo.pdf 07-01040A Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones BH.12 07-01103A Virginia Key Beach Park Trust R-07-0561 Chairman Gonzalez: BH.11, Firefighters and Police Officers Retirement Trust Fund. Is there anyone from the public that wants to address the Commission in reference to this item, Firefighters and Police Officers Retirement Trust Fund? Seeing none, hearing none, public hearing is closed. Is there a motion from the Commission? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE VIRGINIA KEY BEACH PARK TRUSTS BUDGET REQUEST OF AN AMOUNT NOT TO EXCEED $1,316,156, ATTACHED AND INCORPORATED, IN OPERATING FUNDS, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. City ofMiami Page 41 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-01103A Legislation.pdf 07-01103A Exhibit.pdf 07-01103A Exhibit 2.pdf 07-01103A Exhibit 3.pdf 07-01103A Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0562 Chairman Gonzalez: BH.12, Virginia Key Beach Park Trust budget fiscal year '07-'08. This is also a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Yes. Gene Tinnie: Good evening, Mr. Chairman. Commissioner Regalado: Mr. Chairman, can I say something? Excuse me. This is a park, and like we discussed, what I didn't understand at the time of the first budget was that they needed some specific money to open the park, and Mr. Manager, you said that you were looking into that, so just what happened between the first and the second hearing? Pedro G. Hernandez (City Manager): Commissioner, after taking a closer look at their budget, I still feel that what we're proposing right now, which is the 1.316 budget for '07-'08, is appropriate. I think that there is a large number of positions there that l feel can be staggered. They don't have to be on line at this point in time. They are in the process of beginning the design. I know that they need to have a person with museum knowledge to work with the design, and et cetera, but those positions don't have to be on line, as proposed this early. They can wait. As a matter of fact, some of them could be even in '08-'09, so think that the 1.316 is appropriate. Vice Chairman Sanchez: So you're stating that some of the projects could go '08 and '09? So you -- Mr. Hernandez: Excuse me? Vice Chairman Sanchez: I'm sorry. You just stated that some of the things they could do in -- Mr. Hernandez: Well -- Vice Chairman Sanchez: -- '08 and '09? Mr. Hernandez: -- there's a number of positions that I believe are the ones that represented a higher amount -- Vice Chairman Sanchez: Right. Mr. Hernandez: -- like the 1.5 something or other. In looking at it, it is our opinion -- my opinion that those positions are not really needed in '07-'08, that some of them could be either brought in later in the '07-'08 year, or maybe in '08-'09. Commissioner Spence -Jones: Mr. Chairman, I just want to ask Virginia Key are they in agreement with that? Mr. Tinnie: Yes, ma'am. We have -- we've done the same kind of evaluation that the City Manager has done, and I'm sure your staffs have done, and we've made all the hard cuts that are City ofMiami Page 42 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 necessary, so, in essence, I mean, we're on the same page with the -- Vice Chairman Sanchez: One point three? Mr. Tinnie: -- 1,316,156. Commissioner Spence -Jones: So you're fine with that? We just want to make sure you -- Mr. Tinnie: Well, with one important contingency. As we crunched the numbers and brought things to meet that figure, the -- this is contingent on -- and I'll just read this into the record -- having some of the essential services that will need to be in place when the park opens be provided from Parks & Recreation, specifically, we're talking about 183, 883, which would con -- I'm sorry, which would cover the cost of maintenance, security, and utilities, and we've been in touch with Commissioner Sarnoffs staff who have been working very diligently with us to make sure that that gets the -- we -- I can't emphasize that enough, and in fact, I just -- I'd be remiss if I didn't share a certain concern that we had that, you know, on the very first page of the budget, it refers to five parks, new parks that are opening next year, and the Mayor referred to that in his comments earlier, and Virginia Key Beach Park, which is opening as a national registered historic place opening after 25 years that's not even being acknowledged. I would hope that everybody is mindful and invited to the opening on February 1, that this is something of significance, so once it's open and operating, we will need to make sure that for the park to be safe, for it to operate, and to be all that it needs to be, that the funding for maintenance, security, and utilities that's not in the one eighty -- that's not in the 1.3 -- Chairman Gonzalez: All right. Mr. Tinnie: -- is covered. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: I just want to make sure that -- second, andl don't want to prolong it anymore. Mr. City Manager, are you in agreement with -- Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: -- the in -kind services that are necessary in order for them to do what they need to do? While I recognize that this is in Commissioner Sarnoffs district andl respect that it is that, but I also -- I'm sure you understand how important this is to me as an AfricanAmerican. This is a legacy that -- you know, my grandparents, my mom, my family, we all went to Virginia Key, so we all support -- everybody sitting on the Commission supports it, so that's not -- Chairman Gonzalez: Listen -- Commissioner Spence -Jones: -- even the issue. Chairman Gonzalez: -- believe me -- Mr. Tinnie: It's for everybody. City ofMiami Page 43 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- that once the park is open, it isn't going to be left abandoned. They're going to have light. They're going to have water. Vice Chairman Sanchez: Let me -- Chairman Gonzalez: They're going to have -- Vice Chairman Sanchez: -- do something out of professional courtesy. Let me withdraw my motion so Commissioner Sarnoff can make that motion. Commissioner Sarnoff No. I'll make the motion, and we will revisit as they open -- Chairman Gonzalez: Exactly. Commissioner Sarnoff -- but I've looked closely at this budget, and I'm -- I think the City Manager and I've had three other department heads look at this budget, andl don't know if any of you have studied this budget. I've studied this budget because I'm concerned about what could be cast against me, andl think this budget is appropriate, and when you get to the point when you need to get to those additional people, we will sit down and we will talk about it, but as -- in the words of Joe Sanchez, everybody wants to get to heaven, they just don't want to -- Chairman Gonzalez: Nobody wants to die. Commissioner Sarnoff -- die getting there. Mr. Tinnie: And we don't want anybody to die out there for lack of services. That's all, OK? Commissioner Sarnoff I gotcha. Mr. Tinnie: That's all we're saying. Chairman Gonzalez: All right. We have a -- we -- I already closed the public hearing. I opened it, andl closed it. Vice Chairman Sanchez: Come on, man. Come on. Leroy Jones: But, Commissioner, I was -- Vice Chairman Sanchez: You'll have plenty of time to speak on the next item. Just hang on, man. Mr. Jones: Yeah, but wanted -- Chairman Gonzalez: All -- Mr. Jones: -- to speak on this item, Commissioner. I just wanted to say one thing; that was it. Chairman Gonzalez: You want to say one thing? Vice Chairman Sanchez: One thing? Mr. Jones: Yes, sir. Chairman Gonzalez: Go ahead. Say it. City ofMiami Page 44 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Jones: Why -- I mean, if you doing it contingency based on what staff or what employees going to be need, why we can't just keep the money in reserve so that we don't -- they don't have to be looking for the money, won't have to be looking for it later on? Chairman Gonzalez: That's what -- Mr. Jones: I mean, because my -- what I'm -- what was hearing all day was -- Commissioner Sarnoff Leroy, Leroy. Mr. Jones: -- parks, parks, parks, parks -- Vice Chairman Sanchez: I do have one thing to say. Mr. Jones: -- but now we talking about -- Chairman Gonzalez: See, that's the problem. Mr. Jones: -- taking about $500, 000 from a park. All I heard all day was -- Chairman Gonzalez: That's the problem. Mr. Jones: -- how much we was helping the parks, what all we was doing for the parks, but now Chairman Gonzalez: OK. Mr. Jones: -- we fixing to take money from this one. Chairman Gonzalez: All right. You already said -- Mr. Jones: That's the (UNINTELLIGIBLE) -- Chairman Gonzalez: -- what you want to say. All right. We have -- in this city, we have a City Manager, we have a Budget director, we have a Finance director; we have people to run the finances in this city. All right. We had a motion, and we had a second. All in favor -- Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: -- say "aye." Ms. Burns: Excuse me, Mr. Chair. Commissioner Spence -Jones: He withdrawed [sic]. Ms. Burns: We had the mover, who withdrew his motion. Commissioner Sarnoff I'll so move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say aye. City ofMiami Page 45 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.13 07-01042A Civilian Investigative Panel The Commission (Collectively): Aye. Patrick Range: Thank you very much. Just before -- I just want to put on the record that although this is something that's been spearheaded and something that has a history in the African American community, this park will be open and available, will be a regional park, and will be something that all the citizens of this city can benefit from -- Chairman Gonzalez: All right. Mr. Range: -- and we look forward to providing that. Thank you. Vice Chairman Sanchez: Thank you so much. Chairman Gonzalez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE PROPOSED BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT OF $1,056,561, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. 07-01042A Legislation.pdf 07-01042A Exhibit.pdf 07-01042A Cover Memo.pdf 07-01042A Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0563 Chairman Gonzalez: BH.13, budget proposal, Civilian Investigative Panel. Brenda Shapiro: Good evening, Mr. Chairman. Chairman Gonzalez: Hi. You're all right with the proposed budget, right? Ms. Shapiro: That's correct. Chairman Gonzalez: All right. Anyone from the public that wants to speak on the Civilian Investigative Panel? Seeing none, hearing none, public hearing is closed. We need a motion. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 46 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.14 07-01186 Off -Street Parking Board Ms. Shapiro: Thank you very much, Mr. Chairman. Thank you -- Chairman Gonzalez: Thank you, ma'am. Ms. Shapiro: -- Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. 07-01186 Legislation.pdf 07-01186 Exhibit.pdf 07-01186 Cover memo.pdf 07-01186 Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0564 Chairman Gonzalez: BH.14, Coconut Grove Business Improvement Committee '07-'08. Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Vice Chairman Sanchez: Put something on the record. Chairman Gonzalez: Yes, sir. Put something on the record. You're happy. You're satisfied. David Collins: I'm very pleased. Thank you very much, Commissioners. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: That's good. Short and sweet. Chairman Gonzalez: Public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. [Later..] Chairman Gonzalez: And that, ladies and gentlemen, conclude -- City ofMiami Page 47 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Whatever you do, don't ask for a legal opinion. Pamela E. Burns (Assistant City Clerk): Mr. -- Commissioner Sarnoff One more, one more. Ms. Burns: -- Chair. Chairman Gonzalez: Which one? Ms. Burns: Mr. Chair. Commissioner Sarnoff There's a mistake we made on one. Chairman Gonzalez: Oh, really? Commissioner Sarnoff Yeah. You want to do it? Jorge L. Fernandez (City Attorney): Yes. On item 14, which is the Coconut Grove Business Improvement District, the item needs to be clear that the budget that was passed was $894, 000, and just to make sure that that's contained -- Chairman Gonzalez: All right. Mr. Fernandez: -- in the motion. Commissioner Sarnoff So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. David Collins: Thank you, again. Commissioner Sarnoff And Mr. City Attorney, from your lips to God's ears that it goes to a business improvement district. BH.15 07-01105A RESOLUTION Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE LIBERTY CITY COMMUNITY Revitalization Trust REVITALIZATION PROPOSED BUDGET AND ANNUAL PLAN, IN THE AMOUNT OF $1,806,318.11, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008. 07-01105A Legislation.pdf 07-01105A Exhibit.pdf 07-01105A Exhibit 2.pdf 07-01105A Summary Form.pdf 07-01105A Memo.pdf 07-01105A Pre-Legislation.pdf City ofMiami Page 48 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0565 Chairman Gonzalez: BH.15, Liberty City Community Revitalization Trust. All right. Are you OK with the budget? Are you OK with the proposed budget and everything? David Chiverton: Yes. I -- Chairman Gonzalez: Good. Good to hear that. All right. Pamela E. Burns (Assistant City Clerk): And your -- Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to address the Commission against the budget? Everybody seems to be happy with the budget, so we have -- we need -- Vice Chairman Sanchez: You don't seem -- Chairman Gonzalez: -- a motion. Vice Chairman Sanchez: -- to be too happy. Mr. Chiverton: We not going to entertain you tonight, Commissioner. Chairman Gonzalez: You want to put something on the record? Go ahead. Mr. Chiverton: No. Chairman Gonzalez: You want --? Vice Chairman Sanchez: No, no. Chairman Gonzalez: No? Mr. Chiverton: You want to put something on the record? No. Vice Chairman Sanchez: I would second -- Chairman Gonzalez: No? Vice Chairman Sanchez: -- the motion. The motion is -- Ms. Burns: And your name for the record, please. Mr. Chiverton: David Chiverton, board of directors. Chairman Gonzalez: All right. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. City ofMiami Page 49 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BH.16 07-01106A General Sanitation Employees Retirement Trust Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE RETIREMENT TRUST FUND"), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, IN THE AMOUNT NOT TO EXCEED $2,884,956, EXCLUDING NORMAL COST, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE RETIREMENT TRUST FUND. 07-01106A Legislation.pdf 07-01106A Exhibit.pdf 07-01106A Cover Memo.pdf 07-01106A Memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones BH.17 07-01107A General Sanitation Employees Retirement Trust R-07-0566 Chairman Gonzalez: OK, BH.16, GESE (General Employees Sanitation Employees) Retirement Trust Fund. Anyone from the public that wants to address the Commission on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. I need a motion. I need a motion -- Commissioner Regalado: Move it. Chairman Gonzalez: -- on BH.16. Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. We didn't hear the second over here. Commissioner Regalado: I did. Chairman Gonzalez: Commissioner Jones [sic] was the second; Regalado was the mover. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE GENERAL EMPLOYEES' & SANITATION EMPLOYEES' EXCESS BENEFIT PLAN ("GESE EXCESS BENEFIT PLAN"), FOR THE FISCAL YEAR City ofMiami Page 50 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 COMMENCING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, IN THE AMOUNT NOT TO EXCEED $61,479, EXCLUDING THE ACTUARIALLY DETERMINED ANNUAL BENEFIT PAYMENT, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE EXCESS BENEFIT PLAN. 07-01107A Legislation.pdf 07-01107A Exhibit.pdf 07-01107A Cover Memo.pdf 07-01107A Memo.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0567 Chairman Gonzalez: AndBH.17, GESE (General Employees Sanitation Employees) excess benefit plan. This is a public hearing. Anyone from the public that wants to address the Commission, please come forward to be -- Commissioner Regalado: Move it. Chairman Gonzalez: -- recognized. Vice Chairman Sanchez: Second. Commissioner Regalado: Move it. Chairman Gonzalez: Seeing none, hearing none -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- we have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 51 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 NON -AGENDA ITEMS NA.1 07-01245 DISCUSSION ITEM DISCUSSION REGARDING CITY COMMISSION BUDGET WORKSHOP HELD ON AUGUST 20, 2007. DISCUSSED Chairman Gonzalez: For the record, it's 5: 21 in the afternoon. Do we have the Manager here? Vice Chairman Sanchez: We can't have a meeting without the Attorney, and we certainly can't have a meeting without the City Manager. Chairman Gonzalez: Manager and Budget director. Good afternoon. All right. Mr. Manager, you're recognized. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, before we start on the budget process, I would like to speak for a couple of minutes on an item that I feel needs clarification, and it's the issue of the budget workshop of August 20, 2007 that was not advertised. I want to put on the record that that meeting was not required. It was just offered as information to the Commissioners prior to getting into more detail in the budget process. An e-mail (electronic) notice was sent to all Commissioners and to all directors. However, it was not advertised. The meeting was held in the chamber at City Hall, was attended by three Commissioners, who were not aware that the workshop had not been advertised. The City Clerk was present, summary minutes were taken, and also, there is an audio recording of the meeting. No actions were considered by the Commissioners who attended the workshop, and I'm taking the necessary steps to ensure that we have the proper protocol in place to have advertisements for special meetings so this won't happen again, andl do apologize. The mistake was on the Administration, and that's our fault. The Commissioners that were here, in essence, had no knowledge. I understand that the City Attorney may have some additional comments. Chairman Gonzalez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Clearly, we have looked at this issue, and this is an incident that never has happened before. This is clearly a benign oversight on our part, and therefore, we have been engaged by the State Attorney, who has conducted some preliminary investigation with regard to what happened, how it happened, and the like, and we believe that we have satisfied their concerns. Furthermore, we have done research into this type of situation when it occurs, unusual as it is. There is case law that gives us very good guidance, andl can summarize, or I can give you a detailed explanation, but the conclusion that I have arrived at, looking at what transpired and the way that the courts have dealt with this type of situation, is that the budget, the 2007-2008 budget, which is being considered by you, is -- that process nor the budget is in jeopardy because the Sunshine law violation that occurred during the budget workshop was cured by subsequent governmental action, specifically the September 11, 2007 meeting held pursuant to a duly published notice of Commission meeting, subject to comments by the public, and then what you are doing today. I believe, given our research and case law that's controlling, that by having held these two meetings, that is curative sufficient to meet the requirements of the law, and you are then ready to proceed with your meeting. The only thing that would like for the record to contain, notwithstanding the statement of the City Manager, is that the three of you who were present, if you were to state your -- for the record what you knew or didn't know with regard to this meeting so that the record and you could be fully exonerated or clear. Vice Chairman Sanchez: Mr. Chairman, if -- City ofMiami Page 52 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: -- I may. Mr. City Attorney, Mr. City Manager, and all those that are here, I just want to state for the record that I was one of the Commissioners present. I had no knowledge whatsoever before the meeting, during the meeting, and even after the meeting that this meeting was not properly advertised. It became aware to me a couple of days later when the reporter contacted our office inquiring as to the meeting not being properly advertised. I don't know exactly what extraordinary remedies we should take under your advisement, counsel, but I just want to state that for the record, andl think that the City Manager already stated that we need to have a system in place where, once again, every time that we have a meeting, a workshop, following the item pertaining to the Mayor's "no veto, " the City Clerk should state for the record that the meeting has been properly advertised. That's the only remedy I think that could come forth out of that to make sure this does not happen again. It has put us in a very awkward situation. I would always seek and abide by the advice given to us by our City Attorney, but I think it's important that -- for us to put that into the record that, once again, I had no knowledge before, during, and after the meting that this meeting, the workshop held on that specific date, was not properly advertised. Chairman Gonzalez: All right. Any other comments? All right. Having said that, Mr. Mayor, you're recognized for the budget. Commissioner Regalado: No. We need to state -- I was also present here, and the reason I came is because I got a e-mail from the Manager's office saying that we had a budget workshop, and that's that. No -- I don't -- I wasn't aware that it wasn't advertise, nor that it wasn't being broadcast on the TV (Television) station. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff I was there. I guess I make a great many assumptions when I sit down here that a lot of things happen. I assumed all the protocol was filed and followed, andl obviously partook of the workshop, andl found it to be helpful. Mr. Fernandez: Yes, andl think it's also important to state for the record -- and then you may move on -- that there was no action taken by the three members present, as well as there was no public input. It was not a public hearing, and typically, when you have held these workshops in previous years, it's just for informational purposes for you, for the Commission because the Commission never takes action and never allows public input. It's just an informational type of meeting. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. NA.2 07-01246 DISCUSSION ITEM DISCUSSION REGARDING AN ITEM ON TOMORROWS HOMELESS TRUST AGENDA RELATED TO THE CONVENTIONS AND TOURISM TAXES. DISCUSSED Chairman Gonzalez: BH.4 is budget outlook. That's defer, right? Commissioner Regalado: And Chair, if you allow me. Mr. Manager, just for your satisfaction, I'm reading the -- tomorrow's agenda on the Homeless Trust that need to attend, andl will tell you that there is a big problem at the County. The conventions and tourists taxes were in the County budget budgeted at 100 percent, rather than 95 percent. State law does not permit the budget at 100 percent when they talk about taxes. Now there is a problem, big problem with the sales tax, big problem with the TD (Tourist Development) tax. The tax collection was budgeted City ofMiami Page 53 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 by the County at 13.4 million, but they were revised today, and now it's 11 million, and that is only in TD tax. For your information, because, you know, we're saying, hey, whatever the County, but this is happening today in the County, and it will be happening tomorrow in the Homeless Trust. City ofMiami Page 54 Printed on 10/15/2007