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HomeMy WebLinkAboutCC 2011-09-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. 1° r • IN O9P I9 1i: Meeting Minutes Thursday, September 15, 2011 5:05 PM FIRST BUDGET HEARING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 15, 2011 CONTENTS BH-FIRST BUDGET HEARING TO DISCUSS FISCAL YEAR 2011-2012 PROPOSED MILLAGE RATE AND TENTATIVE BUDGET BEGINNING AT 5:05 P.M. BH. 1 THROUGH BH. 17 FIRST BUDGET HEARING 5:05 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 15th day of September 2011, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, for its first budget hearing session. The meeting was called to order by Chair Gort at 6:12 p.m., and adjourned at 9:11 p.m. Chair Gort: We'll have the invocation. Commissioner Sarnoff, will you do the invocation? And Commissioner Spence -Jones, will you do the pledge of allegiance? Invocation and pledge of allegiance delivered. Chair Gort: The budget meeting -- Madam City Clerk, do we have any requests for a interpreters? Priscilla A. Thompson (City Clerk): Commissioner, Chair, we've gone through the audience and we have ascertained that no one in the audience at this present time will need an interpreter. So ifI can have your permission, I'll let them go and we can save some money in our budget? Chair Gort: Uh-huh. Ms. Thompson: Thank you. Chair Gort: So I think they're anxious to go home. Okay. City ofMiami Page 2 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH.1 11-00768 Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM FIRST PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE AND TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012. THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 7.5710 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012 WHICH IS THE ROLL -BACK RATE. CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE RATE. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE TENTATIVE BUDGET, IF NECESSARY 2. RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY 3. ADOPT THE TENTATIVE MILLAGE RATE 4. ADOPT THE TENTATIVE BUDGET OR THE AMENDED TENTATIVE BUDGET AS NECESSARY 11-00768 Millage & Final Budget 09-27-11.pdf 11-00768-Submittal-Fiscal Year 2012 Propsed Budget.pdf DISCUSSED Note for the Record: Item BH.1 andBH.2 were discussed together. Chair Gort: Okay, this is the discussion item. First public hearing to discuss the proposed millage and tentative budget for fiscal year 2011/'12. Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you. Thank you very much, Mr. Chairman, members of the Commission. I stand before you today to present for your consideration a proposal of a balanced budget for the fiscal year 2011/2012. The vote that you cast on this budget is, as we all know, the most important vote in the year, because it will shape the future of the City ofMiami for the next 12 month. This budget is a roadmap that we will use to serve our employers, our residents. Throughout the past year much has been said and written in reference to the economic problems of the City ofMiami, and we do have problems. Just yesterday the Census Bureau placed Miami 11 th out of 50 cities in the United States with high unemployment. They took cities like San Francisco, New York, Chicago, Boston, Atlanta, and of course, Miami was among those 50. Miami has the 11 th place in unemployment. Also yesterday the Bureau disclosed that in the state of Florida more than one in every six resident is living under the poverty level. In fact, according to the census in 2010, 46, 220, 000 people had earnings below the poverty level, up from 43 million the previous year. Neighboring local governments are also enforcing the stringent economic measures. Miami -Dade County is eliminating 1,300 positions. And if there's no agreement with the unions, hundreds of employees will be laid off. The City of North Miami Beach has accepted the police union's proposal of cutting police salaries by 10 percent. The City of Cape Coral yesterday reduced the police pay by 8 percent. The most revealing fact about what people think of the need for government to have their fair share of sacrifice is exemplified by what the City of Hollywood in Broward County did last Tuesday. The voters of the City of Hollywood cast ballots in a special election and voted in favor to strip police, firefighters, and general employees of their current pension plans. By doing that, saving the City $8.5 million. However, in the City ofMiami, under the leadership of our City Manager Johnny Martinez, we have been able to reach an agreement with three of the unions. We're sincerely grateful to the City ofMiami Page 3 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 fire union, general employees, and solid waste employees for their understanding and willingness to negotiate and share the sacrifices which our residents have been making for the last two years. I also want to commend the City Commission for giving more time to negotiate with the police unions. These agreements will move the City forward. And for that, Mr. Manager, I thank you on behalf of all the residents of our City. But this Administration has not placed the burden of the deficit only on the employees. And we have worked to reduce expenditures without affecting basic services for the residents by freezing positions, keeping nonessential positions vacant longer, eliminating positions, consolidating executive positions, and filling positions at lower salaries. For that, we have been able to reduce expenditures by $28, 200, 000. As we have been saying, the fiscal year of 2010/2011 will close with no deficit. This will be the first time in over seven years that we close the fiscal year without a deficit and without using the contingency reserve. We have to thank our City Manager, Johnny Martinez, and his team, assistant City Managers, Luis Cabrera and Alice Bravo, and the former budget director, Mirtha Dziedzic, and our budget director Danny Alfonso for all the late hours and weekends that they have spent working with the budget and making tough decisions so we can achieve these savings. If there's something that stand out in this budget, it's that it protects the residents. It protects the ability for many to be able to keep their homes and also maintain the level of services that residents deserve. Most importantly, it is a very conservative budget and does not burden our community by increasing unemployment. Today there's also hope for better times. We know that there is a better future ahead for our City and our country, but we don't want to put those hopes in numbers because expenditures will go up once again as they have done in the past. Last year we stood together and confronted the largest deficit that the City of Miami has faced in recent history. The Administration and the Commission was unified as it faced the most difficult decision that this City had to make in the last decade. In September of 2010 the City ofMiami stood as an example of team work and what can be accomplished when we focus on what is best for our residents. As a City Commissioner for 14 years, I was honored to serve with three of the current members of this board in different years. I served with Commissioner Gort during the time when the State Oversight Board took over the City of Miami and during the time when we survive an election to abolish the City ofMiami. I serve with Commissioner Spence -Jones and Commissioner Sarnoff during very difficult and controversial votes, especially in the budget process of 2009 when we had to lay off employees. There were many 3-2 votes, but those votes did not fracture our City, its department, the Commission, or the Administration. It is said that civility cost nothing and buys everything. I understand the long hours and the passion for the district. But today I stand before you not only to present this budget but to request that you join me in making a commitment to work together for the present and the future ofMiami; to work as a team, the Mayor, the Manager, the Administration, each Commissioner and the Commission as a whole. I believe the future of the City will be much better sooner rather than later. World investors are discovering Miami and many are moving to our city. Working together, we can and we will have a city that everyone will be proud of. Thank you. And now I give you our City Manager, Johnny Martinez, for brief comments and the budget presentation. Johnny Martinez (City Manager): Thank you, Mayor. First, I want to thank or acknowledge former Manager Migoya for leaving me behind a balanced budget for this fiscal -- for the current fiscal year. He built in contingencies that turned out to save us because we had some unexpected hits and he had them covered with contingencies, so I want to thank the former Manager. I also want to thank all members of our negotiating team, both our in-house personnel and our consultants. They've worked around the clock to reach three very important agreements, like the Mayor just said, totaling $10.3 million toward our budget gap. Andl believe that's quite an accomplishment, and it couldn't have been done without teamwork and a lot of hours of honest and fair negotiations. I believe that the action that the Commission took yesterday not to impose on FOP (Fraternal Order of Police) as of yet is a sign of good faith, and it keeps the dialogue open. It keeps the doors open to reach an agreement. I thought that was a real tremendous move to keep that dialogue open till the cut-off time, till the latest possible time. We met several times with our departments this year to reduce expenses that totaled $28.8 City ofMiami Page 4 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 million, and we did it a little bit differently. We had the two ACMs (Assistant City Managers) and the budget director meet with these departments several time. They met as a team, and they kept asking for reduction in personnel; one person assuming the duties of another as the positions are vacated. They were asked to cut, and it was very -- a lot of cooperation by all of the departments with our two ACMs and the budget director. We -- our goal was to cut the expenses with no services reduction to our citizens, trying not to lay off any of our employees, and not to increase tax to our citizens, andl think we're almost there. As of now, we still have a $12 million gap that we must close by September 27, our second budget hearing. And we're going to work very closely with FOP, starting some time even during this meeting and tomorrow to see if we can reach a tentative agreement. Danny is right over there, and he's going to go into the -- a short presentation on the budget. Daniel Alfonso (Director, Management & Budget): Good evening, Commissioners, Chairman Gort, Vice Chair Carollo, members of the public. Thank you for the opportunity to present to you guys and ladies today. First, I want to read into the record a required statement. Says the proposed general operating millage rate of 7.5710 for the City ofMiami for the fiscal year beginning October 1, 2011 and ending September 30, 2012, which is the rolled back rate. And that is a required statement to be read into the record. If you give me a second, I'll log in andl can go into this presentation. Commissioner Spence -Jones: Mr. Chairman, while he's actually setting up everything, are we -- is the goal to allow Danny to go through the full PowerPoint presentation, and then are we going to --? Because I know we have citizens that are here, andl know we probably will be here kind of late. But if they want to kind of put their information on -- well, we want your presentation -- should the community wants to hear this, I think it's important, but just so that we're being sensitive to those individuals that have come here to sit during the budget hearing, I think it's only being fair to them to allow for them to put whatever they want to put on the record after Danny speaks. And then if they want to stay around, then fine. But if not, then at least they put their information on the record. Chair Gort: My understanding is, presentation you're going to make, how long is it going to be taking? Mr. Alfonso: It's not long at all. It's -- Chair Gort: Right after that -- Mr. Alfonso: -- ten minutes. Chair Gort: -- we have to go into the -- adopting the millage. First hearing from the public, and then we vote on adopting the millage. Commissioner Spence -Jones: No problem. Thank you, Mr. Chairman. Chair Gort: Yes. It will be opened to the public. Yes. Yes, sir, go ahead. Mr. Alfonso: May it please. Okay. As stated before, the proposed millage rate that was approved by this Commission on July 28 is 7.751 mills, which in effect for a home value of about 300,000 means a $31 reduction. The proposed budget that we have in front of you maintains current levels of service, as the Manager and the Mayor have noted, and it has a few small improvements. And we've done that also with removal of 125 NET (Neighborhood Enhancement Team) positions from the budget. We assumed that single -stream recycling program implementation will take place in the coming year. We assumed the reorganization of department, like Building, to improve the delivery of service. We also continue to support some (UNINTELLIGIBLE) programs and -- through Community Development, provide support to the City of Miami Page 5 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 homeless program Grant Administration. We merged Planning, Zoning, and Hearing Boards into one department. We will continue to operate parks, remove our garbage, provide public safety, pay bills, patch potholes, et cetera. We will continue to maintain things at this current level of commitment that we had. The budget also includes funding for 50 police officers through the ARRA (American Recovery Reinvestment Act) grant, and we have set aside the amount of general fund required for those officers, which is normally not covered by the grant. We provide training for fire -rescue personnel to improve the patient services. We complete the installation of audiovisual alert system that is going to improve response times. We also allocate funds in capital where it is required to do so. For example, we're continuing to fund the 20 percent of parking surcharge that is transferred to Capital Improvement. Stormwater funds are also given to Capital Improvement for drainage improvement projects. We send the marina revenues where they're necessary. We allocate funding for Solid Waste for the purchase of the vehicles that will be needed for the single stream and for other vehicles that they need to maintain the service that they're providing. And this budget also sets aside some prudent operating reserves. We have $11.5 million for uncollectable revenues, the $8 million set aside for special pay or what we call the primarily separation of employees, and the $5 million which is required by the integrity ordinance. Briefly, andl think all have seen those numbers at the meeting of June 23, we're talking about roughly a $54 million deficit. Things happened which caused it to go as bad as 62.5 million. And through working with the Administration and the departments, we've looked at the revenues that are there; and we have, where we felt it prudent to do so, increased some of those projections, and we've gotten $11.5 million in that way. Like the Manager and the Mayor said, we have looked at all the departments and looked at freezing vacant positions, et cetera, and reduced $28.8 million roughly from our budget. In effect, that leaves that 22.1 -- $22.2 million that we've talked about. We have a goal to reach a balanced budget. And the proposed budget assumes that there is no longevity, no COLA (Cost of Living Allowance), no merit increases. And we know that our gap is that $22 million roughly. We have tentative agreements with labor unions, as mentioned, which produce $10.3 million roughly, leaving a balance of about 12 -- or 11.9. So that was my very brief presentation about the budget. Andl would love to hear what the public has to say and answer questions you may have after the fact. Chair Gort: Okay, thank you. Now open the meeting for the public. Anyone in the public would like to address the Commissioners? Mariano Cruz: Mariano Cruz, 1227 26th Street, Miami, Florida 33142. Well, I don't have to worry about the City tax or the debt service because I don't pay any, thank God. (UNINTELLIGIBLE) taxes will be mostly is -- andl don't mind paying that because it give you the best service. Today the solid waste fee. I pay $380. That's it. My daughter pays 760. My son pay -- they live in North Miami. They pay a lot more there than the City ofMiami. And today, before 7 in the morning, my garbage and my recycle were picked up, andl thank you, Joe Simmons and his people for doing that, because they did it. They really do good, okay. And he agree with everything, because he's a truly union organizer. Let me -- I was a union organizer. Like I told the people, it's better to get 40 percent of something than 100 percent of zero, okay. And many people, they want to destroy the City. Remember, if you destroy the City, it will be 100 percent of nothing, okay, and you know that. I am going to name things in accolade. First -- the first thing is the sergeant at arms here. They really do a good job. They -- when I blew a fuse once here, they keep me calm here. Remember that. They gave me -- yeah, that's it. Garcia, Ray, Soler, (UNINTELLIGIBLE), Ernie, all of them here. That's one good thing. Not only that, I get people like in Public Works. They doing good. But now today or the other day retired David, one of the best people we have in Public Works -- that, one, when we got a problem, just to call him his cell phone and the problem used to be fixed. I remember once we have a meeting in ABDA (Allapattah Business Development Association) at 2 in the afternoon. I called him: There is a pothole at 23 Street and 25th Avenue. I came down two hours later and the pothole was fixed already. Think of that, okay. And then your place there, 14th Avenue, is being fixed. That's Public Works working. I don't know if CIP (Capital Improvements Program), whatever, they working is there. No? Finally, finally. You know, I don't know. Sometimes I wonder how City ofMiami Page 6 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 come you were Commissioner when you got all that water in front of your house. Chair Gort: That's the way it goes. Mr. Cruz: You put yourself in the last place. If that be me, they got to build a bridge in the front of my house. No. Andl thank the people also Channel 77. Mario, Ricardo, everybody there because they do a good job. Carlito Herrera, all of them there working real hard and they keep track of the thing of the City. And also in Community Development, if we work with them, I thank George Mensah, Duran, Dennis Johnson, the lawyer, (UNINTET,T IGIBT,F) Reyes. They do good work, and they actualize the thing, like we building houses there now. That's the thing, because remember that, that's District I. We do all the work for District 1 there, facade programs, all that. I got no complaints. The only thing -- well, oh, I forget about the NET (Neighborhood Enhancement Team). Celso, Pablito Canton -- you don't limit the people in the Administration. I am the public. This is a public hearing. Chair Gort: I understand it's a public hearing. Mr. Cruz: Remember, this is a public hearing or it's a lobbyists or administration hearing or it's a lobbyists hearing. Public hearing, okay. I come here. In other words, I have time in the second hearing. Also remember -- now I thank the people of the Finance, Diana Gomez, the people there working, doing -- they do the -- especially Noel Chavez because he help the people go around all that maze of regulations and licenses. In Public Works. You know, in Zoning we got Vanessa Acosta and we got Barnaby, which is good. They really good -- working good because remember one thing, when somebody calls you, director, and they call you on the phone, they don't call you to find out who is winning, who is working, who's playing tonight. They call you because there's a problem. Call them back, because you're not so important that you don't answer your phone calls. Because remember -- and tell them -- look at what happened very important people, very influential people. They gone. They not here anymore. You go to the cemetery on 8th Street, look at how many very important people are buried there. Chair Gort: Okay. Mr. Cruz: And that's life. Remember that. So take care of the business at hand. You are the public servant; be a public servant. And have something to tell -- one more. There is a -- ways to find money for the -- you complain, you can come here and talk too. It's a public hearing. Chair Gort: Come on. Mr. Cruz: There is a way to find money for the police -- you know, they got to Law Enforcement Trust Fund. You are (UNINTELLIGIBLE) to give the money to the Police Athletic League, to Do the Right Thing. Change the law. That way, all those millions that are being -- that the City's bringing and the Police Department is bringing through money launderers, talking millions of dollars, let them go to the Police Department, okay, 'cause they looking for the money. And I've been here when Longuerra sat there. I go there and say we -- that money for the complex and protracted investigations, okay. Remember that. There are many ways. Users fee, kind of things, whatever. But I got no complaint with the City. I don't pay taxes to the City. Chair Gort: Thank you. Anyone else, please? Commissioner Spence -Jones: Mr. Chairman, I think it's important just so that everyone has the fair amount of time to at least communicate in the beginning like the amount of time that each person has. I want to make sure we hear from everyone, so I think it's important to do that. So what is the rule of the Commission? Are we -- Chair Gort: Well, usually, the rule -- City of Miami Page 7 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: -- saying two minutes or three minutes? What is it, so -- 'cause I think -- Chair Gort: -- is that -- Commissioner Spence -Jones: -- in honesty, he didn't really know when we started. I know you put the timer on, Madam City Clerk, but I don't think that that was clear to everyone. What is the time frame so at least everyone knows? Chair Gort: The rule is two minutes. This is a very important meeting, so I'm going to extend it to three minutes and we'll let them know. If they need a little bit more, we have to be a little flexible. Commissioner Spence -Jones: So three minutes per person? Chair Gort: Excuse me. Madam -- Julie O. Bru (City Attorney): Mr. Chair, I just want it to be -- for the public to be clear that the public hearing that we're having now is for two items that you'll be voting on, for BH.2 and BH.3. Chair Gort: Correct. Ms. Bru: For fixing the tentative millage, the proposed millage rate and also the tentative budget. So this will serve as the public hearing for those two items. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: There's something that we brought up previously in the regular Commission meeting, andl just need to bring it up again because -- and I'm not going to rehash some of the things that have been said in the past. But you know, we just received the budget in a matter that I have been asking for it for a while, this past Tuesday, and we're talking two days ago. I was under the impression, just like last year, that we will not have to be voting on the budget today. We will be voting on the budget next -- in the second reading. All of a sudden the game rules have changed and now we're voting on the budget this Commission meeting or budget hearing and the next one. You know, I -- realistically, I'm having difficulties with that. Because I could tell you right now, I am not ready to vote on this budget, so I don't know if -- I don't know to ask the City Attorney must we or not, but I remember specifically last year that we did not vote on it on the first hearing. We voted on it second hearing. Could you elaborate, Madam City Attorney? Chair Gort: Madam Attorney. Ms. Bru: You know, I have to tell you that I'm not sure exactly how the procedure unfolded last year, 'cause I know your former CFO (Chief Financial Officer) really controlled the process and had a certain way of doing things, andl -- but did make some substantial changes myself to the way that this agenda is organized based on a careful reading of the state law, andl can tell you in no uncertain terms that you are required tonight to adopt a tentative budget. You're not adopting the budget for 2012. You're just adopting a tentative budget. You can make changes to it at the second public hearing before you adopt the final budget. So if there was some irregularity last year -- you know, I know this is my second hearing on the budget with you as your City Attorney, andl reviewed exactly how the procedure was, andl think that that was the City of Miami Page 8 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 procedure that was used in prior years also, but this is the correct procedure. Vice Chair Carollo: And -- Chair Gort: Okay. Yes, sir. Vice Chair Carollo: I'm sorry, Mr. Chairman. And again, I want to mention as far as, you know, at the very least, consistency. You know, we're lacking consistency. We're lacking -- I've mention all the stuff that we're lacking in. It's just -- you know, I'm disappointed that, you know, I find about this today. I -- hearing other Commissioners speak out loud, they were under the impression that we will not be voting for this budget today; that it will be on second hearing. And once again, you know, we have been placed in this position -- and at least I have, especially, you know, a Commissioner that from months back have been requesting this information. I've been, you know, warning: I need this. I -- you know, I need the Excel file. I need, you know, the breakdown and so forth. And l just think it's very unfair. And now I'm placed in a position where I'm -- you know, I may have to vote on something that I -- I'm letting you know, I am not ready to vote on this budget. I have not looked at it in anywhere near the manner that I usually do. And if you don't believe me, look at last year and you will see, you know, that I could get pretty specific. And unfortunately, the time has just not been there. The information has just not been there. And l just feel that we're being placed in a very unfair position. Thank you. Chair Gort: Spence -Jones. Commissioner Spence -Jones: Commissioner Carollo, I totally hear your viewpoint. And you can only imagine, you know, from where I sit, I feel the same way. I think that one of the things hopefully we will accomplish in this particular hearing is to really be able to drill down and really get some of our questions answered. I know at least I'm looking forward to actually delving in the budget and asking real questions about it, because we did not get the information in enough time -- in a timely manner. I mean -- and I'm sure that has a lot to do with everything else that was going on. But I look forward to kind of hearing from each one of the departments so that we can ask those key questions, and from that point, we will decide where we go from there. I really just want to make sure, if we can, stick to at least getting -- I'm very -- I'm always concerned about public. When I see public sitting out there, I want them to have the opportunity to at least vet their concerns out and have the time to do that. So I -- if we can at least move it along so at least we can get the public out of the way, then we can drill down with staff on what we see is not appropriate within the budget. So if there's -- Mr. Chairman, if -- Vice Chair Carollo: Absolutely. Commissioner Spence -Jones: -- if that's fine with you, Commissioner, I just -- Vice Chair Carollo: Absolutely. Commissioner Spence -Jones: -- I would like to get the public out of the way. Chair Gort: My understanding right now, we're discussing the millage. Yes, sir. Michael Butler: Michael Butler. In 2009 -- Chair Gort: Your address, please, sir. Commissioner Spence -Jones: Address. Chair Gort: Address, please, sir. City of Miami Page 9 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Butler: Oh, I'm sorry. 2580 Lincoln Avenue. In 2009 prior to the adoption of the budget, the then City Manager Migoya stated from the seat over here that 93 percent of the expected revenues coming into the City ofMiami were being spent on salaries and pensions. What is that figure today? Chair Gort: My understanding, it's about 80 percent, but I'll let the Budget director answer it. Mr. Alfonso: Danny Alfonso. The answer, Commissioner, is if no action is taken on the bargaining agreements, it's around 82 percent -- 82 percent according to the presentation that we had from PFM (Public Financial Management), and it'll be around 78 to 79 percent if the action is taken. Chair Gort: Thank you. Mr. Butler: Thank you. That's what I wanted to know. Chair Gort: Thank you. Anyone else? This is the lower of the millage rate. Yes, sir. Anyone else? Commissioner Spence -Jones: Is this also not just for the millage rate, but for the budget as well, correct? Because -- Chair Gort: My understanding, we need to go through the whole process. Commissioner Spence -Jones: Right. Chair Gort: As we go, there's a couple of things -- Commissioner Spence -Jones: I just want to make sure they know that -- right. Chair Gort: Yeah. Commissioner Spence -Jones: I just want to make sure if there's any issue -- Chair Gort: We're going to be discussing -- Commissioner Spence -Jones: -- that you can speak on the budget, please step to the mike. That's what he's trying to ask you, millage or budget. Albio Castillo: Good evening, ladies and gentlemen. Nice to have you back in a way. Commissioner Spence -Jones: Thank you. Mr. Castillo: My name is Albio Castillo. I live at 2345 Southwest 16th Street, Apartment 3. My question is this, how is the City going to handle the departments that uses the most equipment, like Police, Fire, and Rescue? How is that going to be handled on the long run? Because it's been two years consecutively that we've been having a little problem with the equipment. I also like to know is how is the City going to handle the classes of Police andFire? Are you going to use them as we need it for now in order to save some money with the classes of Police andFire? What is the revenue of the -- the revenue for downtown and the projects of the City ofMiami buildings we own? Chair Gort: Okay, sir. Mr. Castillo: Any question from the Administration? Any question from the Commission? City ofMiami Page 10 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: At this time, as we go through the presentation, you'll be able to answer some of those questions. So Madam Administration -- Mr. Castillo: Yes. Chair Gort: -- will you please write down the questions so you're able to answer it now. Okay. Mr. Castillo: Okay. Thank you. Chair Gort: All the questions that I've asked, please write them down so you can answer them afterwards during our presentation. Yes, ma'am. Laverne Holliday: Good evening. Thank you, Chairman Gort, Commissioner Suarez, Vice Chairman Carollo. Welcome back -- Commissioner Spence -Jones: Thankyou. Ms. Holliday: -- Commissioner Sarnoff. Welcome back, Spence -Jones. Commissioner Spence -Jones: Thankyou. Ms. Holliday: My name is Laverne Holliday, the assistant director of Curley's House of Style, 6025 Northwest 6th Court, 33127. Thank you for this opportunity. We know that you have a very tough job ahead of you in this budget trying to balance it. I am sure that you're concerned about the constituents in your district and what is best for them. These are very trying economic times for everyone in our community. The County, the state, the nation, and the world for that matter. Please, let us not make the situation more difficult for the poor by cutting funding that helps nonprofits like ours who provide essential services to the poor and especially our seniors, so please take that under consideration. Thank you. Chair Gort: Thank you, ma'am. Next. Orlando Silva: Good afternoon. I am Dr. Orlando Silva. I live in Coral Gables. And I'm here today with a very, very pertinent interest. Number one is to welcome the new Mayor and the Commission. And just the way it was presented, the changes of the budget is telling me that you are the group to bring Miami to success. I invite everybody to work together and to communicate among yourself. It is surprising to me that a -- Vice Chairman, Mr. Carollo, was not properly informed about the changes in the Police Department. Please, the default of the governments ofMiami is been no communication, no cooperation. Communicate. And it's in the hands of the Manager who really conducts the discipline of this group very well to tell everybody that no communication mandatories [sic] among yourself for a better government, the people will be fire. Just like that. And another invitation is for the Manager to tell every employee of your establishment to communicate to the chief of the department who is not needed anymore for you people to continue to control the budget. Good luck andl wish to congratulate everybody. Chair Gort: Thank you, sir. Next. Roy Hardemon: Good evening. Welcome back, Commissioner. Roy Hardemon of the Model City CAC (Community Action Council) for Miami -Dade County, address 1700 Northwest 63rd Street. The overall budget I'm looking at, I commend the staff for at least bringing something to the table. But it disturbs me, as I look through the different organizations and projects that's going on, it was a blog from the New Times, March 31, 2011, Miami area congressional district is the most suffering in the -- America, and in that it talks about the Liberty City area as the most suffering in America. Andl don't see no relief for Liberty City in the budget. As y'all consider City ofMiami Page 11 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 this budget and continue to move through these organizations, you have another quasi -governmental arm of this government that's not even considered, which is the Liberty City Trust. If we all say we fair and we want to be fair and you looking at the fact that Liberty City is the poorest in the nation and they aren't even mentioned in the budget nowhere, that's a disgust. When this budget be completed, I will hope and pray that Liberty City get some relief. Thank you. Chair Gort: Thank you. Next. Nathan Kurland: Thank you. Nathan Kurland 3132 Day Avenue. First of all, regarding the millage, I would like to thank the Commission and the Mayor and the Administration for lowering the millage. All of us in this day and age have enough to deal with without a raise. Secondly, I'd like to express my concern with ANTs, Amounts Not to Exceed. I've been attending Commission meetings now for about eight and a half years. I listen to bills being passed regarding money and it always says ifmount not to exceed. "And then sooner or later, almost without question, you see that same bill where there was an ANT, amount not to exceed, and you are being asked to exceed it. So I'm not exactly sure when you say you're not going to do something and then turn around a short time later and do the exact opposite. Thank you. Chair Gort: Thank you. Next. Anyone else from the public? Lavern Elie -Scott: Good afternoon. I'm Lavern Elie -Scott, director of Curley's House food bank, 6025 Northwest 6th Court. My concern is the elderly, because we do provide many meals to the elderly in our community. Throughout the City, our food bank is over 40 percent Hispanics, so with those increased numbers, we're only funded to feed approximately 25 seniors, and of course, we all know the seniors are the most neediest of all. So what I'm asking is for an increase, because we do have a waiting list of close to 1,000 seniors that need our services. So we are asked to be included into the budget and funding according to our needs. Thank you. Chair Gort: Thank you. Anyone else? Levert Jordan: Good evening, Commissioners. Welcome back, Commissioner. My name is Levert Jordan -- Deacon Levert Jordan, 690 Northwest 60th Street, Apartment 6, in Miami, Florida. Ms. Thompson: I'm sorry, Chair. I do need -- the microphone -- he's covering up the microphone with your coat. Chair Gort: You need to increase the -- Mr. Jordan: Oh, excuse me. Ms. Thompson: Thank you. Mr. Jordan: Want me to do it over again? Chair Gort: No. That's fine. Mr. Jordan: Okay. I'm here speaking personally on behalf of Curley's House. I live about three blocks -- not three blocks. Maybe two blocks away from there. I can look out my window from the sixth floor and see the people coming in and out of there daily. I mean, it's a stream of people. These are not just black people coming in and out of there. There are a lot of Latins [sic] in there coming out of there too. As a matter of fact, I'm living in building where it's 50/50 Latins [sic], Haitian, and black Americans, and all of them are in need. And without a doubt, all of them are being taken care of there. Nobody's being turned away. We're always scrambling for City of Miami Page 12 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 food. I, myself, went up to Winn Dixie on 111 th Street and 7th Avenue andl begged the manager to do something about that, and they sent something down there. I think the City ofMiami for what -- I thank the City of Miami for what you've done so far. Because I know the Mayor came out and -- to visit us one time, and he gave to senior citizens some hams and promised that he'11 do some things. I attended to a prior meeting here, especially that meeting -- he really impressed me when he's fighting for -- I think it's a million dollars they're holding back on him and he got that. He say he's going to donate some of that to (UNINTELLIGIBLE). Any time I hear a politician going to get some money that's due him, he's going to help the poor, he got my heart. He won me. And thank every politician being that we are the reason you're here. I know you appreciate that too and we appreciate you. But do something for us, especially the poor, the elderly. They're in dire need. Me as a deacon, I'm constantly looking at it and it bothers me to no end. And as far as --I don't know if I'm getting too political or anything, butt heard something else that disturb me about sudden aspects of the budget. A lot of things haven't been vetted. How is my Commissioner that represent me going to be able to tell me -- answer a question for me when she don't know what she talking about herself? I think something should be done about that. And thank you very much for everything you do for us. We appreciate it. Chair Gort: Thank you, sir. Mr. Jordan: Thank you. Chair Gort: Anyone else? Anyone else in the public? Okay. Yes, sir. Joe Carollo: Good evening, Commissioners. Chair Gort: Good evening. Mr. Carollo: My name is Joe Carollo. I live at 3230 Morris Lane, Miami, Florida. That's here in Coconut Grove. I'm not here, Commissioners, with all due respect, to try to convince anybody on anything having to do with the budget. Fortunately, or as some might say, unfortunately, I've been around too long to know that that can't be done in the Miami of today. What I am here for is to be able to speak for that silent majority that's not here today and put certain things on the record that need to be placed on the record and give you some minor examples of what is wrong with your budget picture today, along with solutions of how you quickly can fix your $62.5 million problem, or whatever it is, as of today. The City Charter, which you all recently had a big debate about and made some decisions on and afterwards the Mayor said he was very happy that we have to enforce the City Charter of the City ofMiami, says that the power and duties of the City Manager are seven, A through G. The first one, A, says that the powers and duties of the City Manager shall be to see that the laws and ordinance are enforced. Let me give you one minute example of what's going on in the overall picture of your budget. July of this year, as was presented at the recently held Exposito hearings, it was revealed that the former Police Chief presented to the City Manager in response to the Manager's charges on him supposedly have over -expended the allotment for overtime, that there were considerable funds given to organizations in this community, some that have a lot of radio stations at their disposal for parades and other activities of festivals. The City charter is very precise, that we cannot spend monies unless it's been budgeted by this Commission. Only on the police side alone, not talking on the cost for fire -rescue or sanitation -- Chair Gort: Mr. Mayor, I'm going to give you additional two minutes. Mr. Carollo: I appreciate that. Chair Gort: Again, you were a former Mayor of the City ofMiami. Mr. Carollo: Thank you, Commissioner. I appreciate that. There were over 150,000 spent in City ofMiami Page 13 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH.2 11-00769 Office of Strategic Planning, Budgeting, and Performance this fiscal budget just on the police side that the Manager was made aware of that this Commission has not approved, and nothing has been done to correct that. He has been in violation of his duties to enforce the laws. In fact, the Manager only has the amount of $25, 000 or so that could be spent without Commission approval. But nevertheless, whatever the amount is, raised to 50 or not, the Manager has to get Commission approval, and that wasn't done and it's not going to be done unless someone demands it, andl am here today to demand that the fiscal monies from this year that only in Police alone came to around 150, 000, and the ones that were spent last year be corrected where either those people have to reimburse this City or, if you like, with our fiscal crisis, vote and give them those dollars. That's an example that I wanted to bring out. Now real quickly, how can you resolve your financial crisis? Recently, we've been hearing about Genting, that they've come to save Miami. I'm very happy. I am very familiar with Malaysia. I'll deal with that at another time. But what the public hasn't been told is that part of the deal that has been promised to Genting, even before they get any approvals from the state, if they ever get them, is that the Mayor has assured them that the zoning that they need in that property for gambling, because that area -- that property's not zoned for gambling -- is going to be given to them, along with approximately two and a half acres of city streets that if we're looking on the price that they pay for the Herald property, those city streets that we're going to give them as a gift, according to the Mayor, are worth about $40 million. I submit to you that since we're in the driver's seat, that this Commission tonight makes it clear that you're not going to give any city streets, any property away for free, and that you set up committee to negotiate with Genting to get, at the very least, the market value of those properties, which is some 40 millions, based upon what they paid the Herald, and you could get the whole 62.5 million that you're short this year in your budget from them. After all, they're Santa Claus, they spent some half a billion dollars already. So I thank you for your time -- Chair Gort: Thank you, Mr. Mayor. Mr. Carollo: -- Mr. Chairman and Commissioners. Andl hope that the residents ofMiami and the City employees that are going to be hurt also this time around will hear this. Thank you. Chair Gort: Thank you, Mr. Mayor. I can assure you we'll never give any streets away. Anyone else, please? Anyone else? Okay, close the public hearings [sic]. ORDINANCE First 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, 2011 AND ENDING SEPTEMBER 30, 2012; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00769 Summary Form FR/SR.pdf 11-00769 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.2 and BH.1 were discussed together. Chair Gort: My understanding is we got to make a motion in approving the 1.75. Commissioner Suarez: Second. I'll make the motion. City ofMiami Page 14 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Second. Chair Gort: There's a motion by Commissioner Suarez, second -- Vice Chair Carollo: Second. And this is for the millage, correct? Chair Gort: For the millage. Vice Chair Carollo: Second. Chair Gort: It's an ordinance. It's been second by Vice Chairman Carollo. Any further discussion? Being none, read it. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call on your first reading. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. BH.3 RESOLUTION 11-00770 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING A TENTATIVE BUDGET, MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012. 11-00770 Summary Form.pdf 11-00770 Legislation.pdf 11-00770-Supporting Documents-Worksheet For FY 2010 Budget.pdf 11-00770-Supporting Documents -Information For First Budget Hearing-FY2011-12 Proposed Budc Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0338 Direction by Commissioner Spence -Jones to the Administration to perform an analysis consisting of a breakdown of the FY2012 revenue projection of $2.5 million that is anticipated to be generated by red-light traffic cameras. Direction by Commissioner Spence -Jones to the Administration for an analysis to be performed on the amount of revenue that could be generated from a ticket surcharge applied to events held at City ofMiami venues. Direction by Commissioner Suarez to the Administration for definitive answers to questions posed from Commissioners regarding Full -Time Equivalent (FTE) positions be provided by the Second Budget Hearing. Direction by Commissioner Suarez to the Administration to provide a detailed explanation of the discrepancies involving salaries and overtime as identified in the Police Department's FY2012 Budget by the Second Budget Hearing. City ofMiami Page 15 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Now we go to our Budget Hearing 3. It's an ordinance of the City ofMiami. Yes, sir. Vice Chair Carollo: Mr. Chairman, also I'd like to ask this Commission with regards to all the other budget hearings that we're going to -- are going to be in front of us today, which one of those do we actually have to vote on and which can be deferred? Andl don't mind listening to them, but as far as the actual votes, if they could be deferred to the next budget hearing; andl believe they can, except for the -- maybe the DDA's (Downtown Development Authority's) millage rate. Couldl get some clarification on that? And again, I don't mind listening to, you know, those agencies coming before us and so forth. I just prefer to -- if we can vote on it on September 27. Julie O. Bru (City Attorney): Okay. The DDA budget would follow the same procedure as the City budget and millage rate. You'd have to -- this is your first hearing. Adopt the tentative budget, tentative millage rate, and then the final millage rate and the final budget will be adopted on the 27th. So all -- the rest of the budgets that are before you, you know, you could discuss them tonight; you can vote on them on the 27th. Chair Gort: Okay. Thank you. Does that answer your question? Vice Chair Carollo: Yes. Thank you. Chair Gort: R.3 [sic], an ordinance. You want to read --? Commissioner Spence -Jones: So are we discussing BH.3 at all? Any other -- 'cause we're on BH.3, right? Chair Gort: Yes. Ms. Bru: You have to vote tonight on the budget, which is BH.3. Commissioner Spence -Jones: Right. So I'm just asking my fellow colleagues. Is this opportunity also to kind of go through some issues that we 'd like to put out with the Administration now? Ms. Bru: This is your opportunity to discuss the budget and what's proposed and the fundings that are proposed. Commissioner Spence -Jones: Okay. I have a lot of them. Okay, so let me -- I want to -- Mr. Budget Director, I want to -- there's a slide you have that gives the revenue improvements -- 'cause I'll wait till all the other departments to kind of ask -- you know, do drill downs on their departments. But these are just the revenue questions I have, and then perhaps some additional suggestions of things that maybe perhaps we can do to generate additional revenue. So the first one -- I guess I'm waiting for you to put up the slide. Chair Gort: Budget proposal resolution. Who's making the presentation? Daniel Alfonso (Director, Management & Budget): Yes, ma'am. Commissioner Spence -Jones: Can you put it back up? Mr. Alfonso: Oh, you want me to put it up on the --? Commissioner Spence -Jones: Yeah. Yes, I do. Mr. Alfonso: Oh. City ofMiami Page 16 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Yeah. Commissioner Spence -Jones: And I'm going to, I guess it's slide number -- yeah, slide number 5, and guess either you can kind of respond to it or Ms. Bravo can -- is Ms. Bravo around? Ms. Bravo, maybe perhaps she can also expand. I wasn't here for it so that's why I want to have clarity. I want to make sure that we're not putting out numbers and not clear of what, you know, the actual revenues are from them. So I want to go to page number 5 on your revenue adjustments. I guess that's what we're waiting on, and it's the red-light camera revenue portion. Okay. So I have -- I just have a slight concern, and l just want to make sure that I'm on the same page. I know that this has always been, you know, an issue, andl understand that now, Alice, you have taken it over. So I'm assuming that you're going to drill down to make sure whatever needs to happen with this will. I just have some questions about the dollar amount. I know we're saying we looking at about 2.5 -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Correct. Commissioner Spence -Jones: -- is what we're expecting. Andl guess that's more of a conservative amount, right? Ms. Bravo: Correct. Commissioner Spence -Jones: But I wanted to have you put on the record so that I'm clear, when we looked at this particular year on the red-light camera revenue, it was -- at this point the dollar amount is about 1.2, correct? Ms. Bravo: If you would give me one second, I'll -- Commissioner Spence -Jones: Okay. Ms. Bravo: -- come back with a spreadsheet. Commissioner Spence -Jones: IfI don't -- right -- ifI -- recall you briefing me, you told me it was about 1.2. Ms. Bravo: Correct. Commissioner Spence -Jones: And that's -- excuse me -- as of July. Ms. Bravo: Correct. Commissioner Spence -Jones: But if you want to double check so you're not putting anything wrong on the record, I don't have a problem with that. Ms. Bravo: Okay. Commissioner Spence -Jones: Okay. While you're looking at -- just so you know that -- what my questions are around the whole red-light camera part of this is -- while you're looking it up, Alice -- was, you know -- if we're looking at 1.2 now -- where we are now with it, you know, what makes us feel so confident that we're going to almost double the numbers, like where are you getting that information, the backup to support the $2.5 million projection? And then my other question is -- I know that one of the things you did in my briefings, you told me that there were going to be 40 additional cameras. And my concern with that is the 40 cameras are not there now, right? City of Miami Page 17 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Bravo: Not yet. Commissioner Spence -Jones: Right. So I know that there has to be some sort of installation period. Ms. Bravo: Correct. Commissioner Spence -Jones: Which means I'm sure there'll be some delays in even the revenues from those cameras. So those are my concerns. I don't want us to put down numbers that we're not going to meet and then we're having a mid year adjustment and we're counting on those monies to at least keep this City alive. So I want to hear from you. It is 1.2, correct? Ms. Bravo: Yes. And my laptop just happened to shut down when I brought it over here. But that was 1.2 million, andl believe that's the gross number, as I recall. And something that we did very recently back in July is that we actually amended the contract with the vendor. The original contract provided for a per camera fee per month. And we had a clause in the contract that said that if the revenue of a particular camera on a particular month didn't meet that fee, then the vendor would drop the fee down to the revenue. So at a certain point when we had 60 cameras in place, there were about 20 cameras that were yielding revenue beyond the monthly fee, so the City was receiving revenue. The other 38 or 40 cameras or so were below that threshold. So whatever revenue that those cameras were generating were going directly to the vendor. Commissioner Spence -Jones: Right. But do you understand what the concern would be -- Ms. Bravo: Yes. Commissioner Spence -Jones: -- if you're at 1.2 now -- Ms. Bravo: Correct. Commissioner Spence -Jones: -- okay, and then we're now speaking of -- you know, now you're saying you're going to almost more than double the amount from -- Ms. Bravo: Correct. Commissioner Spence -Jones: -- just from revenue on this, and then not even take into account the 40 additional cameras that are now not only -- are the cameras here? Ms. Bravo: The cameras are in process of being permitted. Commissioner Spence -Jones: Right. Ms. Bravo: And the amendment in July did something very important. What it did is it restructured our -- that fee element of the contract to say that they still had that monthly fee, but at the end of each month we would tabulate all those revenues, and the City had to get at least 60 percent of the revenue share. So that increases our share significantly. The other factor is that up until about August, the court system in Dade County really wasn't hearing any of the red-light camera cases, because there were a number of petitions to the Court. And at this time I think all of those have been resolved. So there were a number of violations that weren't being paid. And if you don't pay within 30 days, you receive a uniform traffic citation. So now we're starting to receive revenue from the UTCs (Uniform Traffic Citations) as well. So that revenue was really only from the people that have received violations and were sending them in. Another time factor is that the camera program went live January 1. So from those violations issued in January, by the time somebody actually received the violation, by the time they issued a payment, City of Miami Page 18 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 we didn't really start receiving any revenue till about March. So our amendment back in July was retroactive so it increased our revenues to the City back to the beginning of the year. And so the first batch of cameras we had were 40. That's what was in place in January. And by end of March, we had close to another 20 in place. So, again, those weren't really generating revenues till June. So taking that into account, the other 40 ones that will be in line I think about by October/November time frame, that's how we put that number together. Commissioner Spence -Jones: Okay. I'm not sure if anybody else wants to, but I would like to see a breakdown on -- some sort of analysis in writing on how -- Ms. Bravo: Okay. Commissioner Spence -Jones: -- you're getting there, Alice, because I'm assuming when you guys did it the first time, you had -- you know, again, I wasn't here -- but you know, wonderful projections around them. And l just don't want us to be having this same conversation when we come back to next budget year because we expected it to do 2.5 when we really knew -- and based upon what I've been hearing from most of my colleagues, everything that they've done has been very conservative. Like they -- it seems like they'll either go with zero or they'll go flatline with whatever the number was last year. So I think we just need to be very careful when we start putting numbers out there, 'cause it creates an even bigger problem. So I would like to see the analysis, and I'm sure that they would probably want to also as well. But I definitely want to address that as far as the revenue is concerned. I have a few other things, but you guys want to respond to the revenue? Chair Gort: Well, at this time I think the projections that were shown last year was really -- from the beginning I said there was no way they're going to be able to make it. But now at this time you have performance for a few months so your calculations could be a lot more exactly. And you're correct, we want to make sure we're very conservative this year. Ms. Bravo: Yeah. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: Okay. I -- he -- I guess you wanted to respond to something on this. Commissioner Suarez: Yeah. I wanted to -- I think you -- Commissioner Spence -Jones, you hit the nail on the head. This was our budget buster last year, so I really appreciate you scrutinizing this category. When we briefed on this issue when the amendment came up, there was a lot of uncollected revenue that was kind of pent up. Are you saying that a lot of that has already been received? Ms. Bravo: Well, the last of the court cases were resolved in August, so I'd have to get you the latest number of what's actually started to come through the court system. We received that I think on a weekly basis. Commissioner Suarez: Okay. Because I see here that it says our projected number is 1.924. Is that still fairly accurate? And so what you're saying is, in essence, correct me if I'm wrong, that you basically think that -- you're budgeting for the additional 40 cameras, 575 more or less? Is that an accurate statement? Ms. Bravo: Approximately. Yes. Commissioner Suarez: Okay. And that's on the 60/40 split that the Commission -- City of Miami Page 19 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Bravo: Approved. Commissioner Suarez: -- approved? Ms. Bravo: Correct. Commissioner Suarez: Okay. I guess the question that had was -- and don't know -- from -- Mr. Alfonso -- I thought it was Alonso. Is it Alonso or Alfonso? Mr. Alfonso: Alfonso. Commissioner Suarez: Alfonso. I'm sorry. Mr. Alfonso, things like the savings from not having a District 4 election, which is somewhere in the -- like what? I know you told me 174, but that was kind of an approximation. Priscilla A. Thompson (City Clerk): Yes. Definitely an estimate, because as I said, we don't have the real numbers -- Commissioner Suarez: Right. Ms. Thompson: -- for the voters. But that was us dividing our estimate by three. Commissioner Suarez: And that expense will be incurred in the next fiscal year because that election would have occurred in November, correct? Ms. Thompson: Yes, sir. Vice Chair Carollo: Mr. -- Commissioner Suarez: So -- go ahead. Vice Chair Carollo: If I could -- Commissioner Suarez: I yield Vice Chair Carollo: Thank you, Commissioner Suarez. Thank you, Commissioner Gort -- Chairman Gort. They have in the NDA (Non Departmental Account) projected $300, 000, so I don't know if -- what that -- that's what I'm seeing here -- Mr. Alfonso: Commissioner, the -- Vice Chair Carollo: -- projection of $300, 000. Mr. Alfonso: The issue on NDA is the payment to the firm for their administration of the program. Is that what you're referring to on NDA? The revenue is actually on the revenue portion. Vice Chair Carollo: They're saying the cost of the election. Mr. Alfonso: Oh, I'm sorry. The election. I thought we're still talking red-light cameras. Missed it. Vice Chair Carollo: No, no. He's saying the cost of the elections. Mr. Alfonso: I apologize. City of Miami Page 20 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Yeah. Vice Chair Carollo: You know, him and his district just saved the City X'amount of money because he was unopposed. L Therefore, we don't have to do an election for District 4. So he's saying are you taking that savings into consideration? And I'm just pointing out -- and again, I haven't had much time to look at this. This is just quickly looking at things. In the NDA you have $300, 000 scheduled for elections cost. Now -- Mr. Alfonso: Correct. Vice Chair Carollo: -- I know you had the numbers earlier, Madam City Clerk, but don't know what is the total amount of monies that you are budgeting or you are assuming that it's going to cost for elections in District 1, District 2, and District 4. And then from there, if it's $300, 000 or less or what it is -- because whatl'm seeing has been budgeted is $300,000. Mr. Alfonso: That is correct. Vice Chair Carollo: And then you have to see -- if the City Clerk's numbers are much higher than that, it goes to whatl'm saying. Are we being -- are our estimates accurate? Commissioner Suarez: May I jump back in real quick? Thank you. Vice Chair Carollo: All yours. Commissioner Suarez: Thank you. I just want to explain to Commissioner Spence -Jones, who I think is confused as to how we got into this whole discussion about the elections. I think -- Commissioner Spence -Jones: No. I just want to -- I only have like four or five items that I want to just make sure that address, but -- are they connected? Ms. Thompson: I'm sorry. Commissioner Suarez: Yes. What I was going to say was -- and then the Vice Chairman kind of -- I yielded to the Vice Chairman and he made a good kind of counterpoint before I got to my final point, which was that if we were saving money on not having a District 4 elections, then we could reduce the budget category of red-light cameras to be even more conservative. But he's making a good point, which -- and again, it goes to the -- what he was saying, which is we haven't had a lot of time to digest all this. So he's saying, well, are we even right on the election budget? So he's saying before we go shifting the money from the savings on elections to red-light cameras to further be more conservative so that we don't get -- repeat the main -- the same error from last year, we should take a look at our elections. Everything is so intertwined, you know. So he's saying NDA is only budgeting 300,000 for election -- Vice Chair Carollo: Right. Commissioner Suarez: -- but what the Clerk gave us indicates that it's a higher cost, so -- Vice Chair Carollo: And that's where right now -- Commissioner Suarez: Right. So it kind of -- Vice Chair Carollo: -- if we're budgeting 300 -- Commissioner Suarez: -- nullifies the argument. City of Miami Page 21 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: -- she's estimating a higher cost. Well, right there -- Commissioner Suarez: Right. Vice Chair Carollo: -- we're -- Commissioner Suarez: We're down a little bit. Vice Chair Carollo: Yeah. We're -- I don't want to say a deficit, but right then and there we're going to be under budget. I'm sorry, over budget. I apologize. So right when you said that, I know for a fact there's a line item here, so that's where I went right to it andl see the budget 300, 000. Madam City Clerk, what do you have budgeted for the elections? Now -- and at the same time, now that Commissioner Suarez and the residents of District 4 saved him some money? Ms. Thompson: Commissioners, when we first received our estimated budget for the elections based upon certain factors, we were basing it on three district elections with six early voting sites. At that point it was $611, 790. We budgeted for three district runoffs. When I give you the figure, can I ask that you wait and let me explain? Commissioner Suarez: I think know where you're going. Ms. Thompson: Okay. For the three -- we budgeted for three district runoffs, $506, 940. Let me explain. We're piggybacking with four other municipalities for the regular election. But we would be .handing alone Tor the runoffs. That's where it's more expensive, okay. Then we also had to take into consideration on that one, but we've put in our -- I'm sorry -- advertising costs $50, 000 for the general and approximately $20, 000 for the runoff. When we made the adjustments to date, if you can remember, I saidl don't know how much -- I can't tell you right now how much we saved, butl could tell you how much it's going to cost us based on the new numbers. The new numbers: 433,460 on the general runoff -- I'm sorry, the general; 168,980 on your runoff and the combined advertising for the general election and the runoff of $70, 000. My figures are $672, 440. Commissioner Suarez: Okay. But I think the question that the Commissioner asked was in NDA -- because I'm not -- I'm looking at the budget now here of -- your budget. Okay, go ahead, jump in. Ms. Thompson: With all due respect, Commissioners, I turn in the estimate. Where the funds are assigned, I don't have power over that, okay. I turn it into the Budget Department and they assign the, you know, code, as well as the money. But we did turn in that estimate. Commissioner Suarez: And that's perfectly fair. Andl want to apologize to Commissioner Spence -Jones, 'cause I was trying to go in one direction and we've ended up going in a completely different direction, so I apologize about that. But I think it's actually gone into a very good direction because now even though -- she made a very good point, the Commissioner. I think the Vice Chairman also made a very good point, which is, hey, if we're going to try to pick savings from somewhere to be more conservative on our red-light camera budget, we better make sure those savings are available and it's not actually the opposite, which is what it appears to be. Vice Chair Carollo: Yeah, which what it appears to be. It appears like you -- I don't know if originally or if you've adjusted for the District 4 issue that they don't have an election now. But it appears to me you have somewhere in the area of $600, 000. It appears that we've budgeted somewhere in the area of 300, 000. Mr. Alfonso: That is correct. City of Miami Page 22 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: So there's a deficit right there of $300, 000. So what you're saying, hey, I saved some money, so we should have more money in the budget. I'm going the opposite way -- and again, I haven't had much time to really dig into all these numbers. Commissioner Suarez: Same here. Vice Chair Carollo: But I'm going in the opposite way and I'm saying, no, no, no. Wait a second. Commissioner Suarez: Let's be sure. Vice Chair Carollo: They've only budgeted 300. If she's estimating 600, we're actually already starting off with a deficit -- Commissioner Suarez: A hundred and fifty or -- yeah. Vice Chair Carollo: -- or we're going to be over budget by, let's say, $300, 000, so it's something that we have to adjust and look at. But I guess that's why we have these hearings. And at the same time, that's why we want time to be able to digest all these numbers and so forth and line items so we could, you know, make sure that, like Commissioner Spence -Jones said, you know, mid year so forth we're not looking that, wow, we're X'humber of dollars over budget and so forth. And with that, believe me, I don't expect to speak much today. So you know, I'll yield the floor to both of you and so forth. Commissioner Suarez: All right then. Commissioner Spence -Jones: So just going to -- Chair Gort: Commissioner Spence [sic]. Commissioner Spence -Jones: All right. So Alice, if we could just get an analysis on the breakdown of that, I really would appreciate it, 'cause I do want to make sure we stay within, you know, reason. Ms. Bravo: We'll do. IfI can -- Commissioner Spence -Jones: All right. So I have like a couple other things, guys. I understand that this is the period of BH.3, so I want to just address these issues. So my next question comes around franchise fees and other taxes. It's actually not on your PowerPoint presentation, but it was on the presentation you sent to all of us, Mr. Budget Director. And this had something to do with, I guess, all the additional fund revenues. And this question is really more directed towards Madeline, even though I know this is her last day. Is Madeline around? So I'm assuming the next person -- as a matter of fact, that's a good question. Madeline, who kind of takes over for you now that you're officially leaving us? Vice Chair Carollo: And is today your last day? Chair Gort: No. Madeline Valdes (Director, Public Facilities): No. Next week. Vice Chair Carollo: No, no, no. Chair Gort: She has two more weeks. City of Miami Page 23 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: We still have her till the end of September. Commissioner Spence -Jones: Oh, we have you for the budget? Vice Chair Carollo: Yes, yes, yes, yes, yes. Commissioner Spence -Jones: Oh, good. Okay, 'cause I can work you to death before then, right? So this is the question I have for you, Madeline. So under the franchise fees -- this is something that I was working on the -- when I was here last, andl think it's extremely important that we look at additional revenues. And this has something to do with these ticket surcharges for events, and think might have asked you about -- earlier about ticket revenue and having the dollar surcharge, a $0.50 cent surcharge. I know it may seem like it's not a lot, but when you're talking about a million people attending our venues, whether or not that be the James L. Knight Center, Artime, Bayfront Park, and all the other venues that the City has some relationship with -- I know a lot of the major cities are now going to -- adding this entertainment surcharge. Like for instance, even with -- if you buy your ticket online from PayPal, they're charging you two extra dollars just to be able to buy it on PayPal. I'm not saying we want to be that high, but think that we need to look at as many innovative things that we can do because that could be a potentially an additional million dollars hitting our bottom line, which I think is extremely important. And for me, I know that -- and I know for all of us sitting up here, quality of life for our citizens are extremely important. And when I look at these budgets and we're cutting clear parks program for children after school and we're cutting services for our seniors and all the things that we talked about, we need to figure out additional revenues to make sure that the City does not find itself, you know, in a position where we're not able to provide some great services to the citizens that we serve. So the reason why I'm mentioning this: I asked you for a report -- just a little update on -- for example, I asked you about the Orange Bowl. We don't have the Orange Bowl anymore, but we used to -- when we did have it, we had -- I believe a dollar ticket surcharge. And justfrom that alone, from the UM (University ofMiami) events and any events that took place, it was almost $300, 000 just for one venue. Andl know ifI had this same conversation with Tim at Bayfront, with Ultra and all those major events that they have going on -- this is something that does not hit the bottom line of the residents. This hits people that actually come from out of the City. And every time we have these events, you have to have police on the streets no matter what. Whether or not they pay for them or not, you know, our policemen are actually having to be out there. And when we start talking about -- I know you don't want to hear, Commissioner Sarnoff, but stuff like, you know, these street parades and festivals and stuff that have taken place, meaning -from you making your -- you know, you speaking about it the last time, and how did it -- mysteriously showed up in the budget or even Parkinson's or these kind of things that you want to see happen, I don't think our position should be we don't support the Three Kings Parade. It's tradition. It's history in Miami. It's crazy for us not to figure out a way to make it happen. I think it's crazy that we don't support Martin Luther King Parade, okay. It's tradition. It should happen in Miami. Goombay, it's been here. It's tradition. It should happen in Miami. Arts Festival. It's tradition. It should happen in Miami. Certain things -- all these events that we're talking about probably are -- Coconut Grove Arts Festival probably brings people from all over the world, so it's a different, you know, event altogether, but it's still -- I just think that we still have to make this city livable. And l just want to see from the Administration that you guys become a little bit more creative. If we see other smaller cities across this country doing it -- and literally, the people that have to buy these tickets, they don't mind paying a extra dollar or fifty cents. It becomes our job and responsibilities to make sure that our residents do that. So I would like from all of the facilities that you do have, Marilyn [sic], and that includes the Gusman, all of them, I would like to have some sort of analysis on all the venues that, you know, based upon the percentage of people that actually go to these events, what would those numbers look like, because we might be surprised? That extra dollar may go a long way to help us save some of the programs for the people that we represent. City ofMiami Page 24 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Valdes: We'll take a look at that. Chair Gort: Let me add a little bit to that. We have a lot of gates -- gated events that take place that they charge and I'm sure we don't have ticket surcharge. Commissioner Spence -Jones: I know we don't. Chair Gort: So lot of those I think we should look into it also, because that's a very good idea. Okay. Commissioner Spence -Jones: So if you can -- I don't want to give you a lot of work, Marilyn [sic], but I think it's important. Chair Gort: That's all right. Commissioner Spence -Jones: And Mr. Mayor -- Chair Gort: She's leaving. She's got to work for it. Commissioner Spence -Jones: -- if you could -- if you can 'cause you've been with us for four years and you know how important some of these events are for the City, andl would really like for you to work, and Mr. Manager, to figure out a way that we can at least -- I don't want you to overdo it and put numbers that are not realistic, okay, but I do -- I would like to at least have sort of analysis on that. Ms. Valdes: Okay, we will. Commissioner Spence -Jones: Okay. So that's on the revenues. So can I -- Chair Gort: Yes, ma'am. Continue, please. Commissioner Spence -Jones: -- finish my BH.3 item? Thank you. So the next thingl want to move on to is expenditures, which is under City Manager, and this is based upon what you presented to us on September 14, I believe. I just want to be clear. I do have a concern with not having a CFO (Chief Financial Officer). We don't have to get into it today, butt want to at least make sure I put my -- that information on the record. And if we could talk about that further, not tonight -- but I really want us to figure out, you know, if we're not going to do it, what's the real reasons for us not doing it, okay? Because with the City having, you know, these financial issues, I just don't want us to be lacking on anything in order for us to serve the City properly. On your expenditure breakdown, you mentioned something about film industry coordinator no longer being there. I know that you guys have been pushing hard to bring the film industry back to Miami, andl think you've had two major -- I haven't been here, so you guys can -- two major, major film productions related things to Miami, which eventually, it does help with the jobs. I think it -- so I just want to understand, are we saying we're not going to have the film coordinator there anymore? Mr. Alfonso: Commissioner, originally, when it was assumed that all vacant positions would be gone, it was removed. But at the end of that same paragraph, it says that it has been reinstated. Commissioner Spence -Jones: Okay. So -- Mr. Alfonso: So we do have a film coordinator. Commissioner Spence -Jones: -- I just -- okay. So we will continue to have the film coordinator. City of Miami Page 25 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Alfonso: Yes. Commissioner Spence -Jones: Now I saw something on here that wanted to also have. So everything like Community Relations coordinator. Is that out? Mr. Alfonso: Yes. Commissioner Spence -Jones: Okay. All right. Okay, so I'm going to move off the City Manager, and let me just move on. Okay, I got the auditor general. Oh, Human Resources. That was the other question I had. I just want to make sure -- the only question I had on the Human Resources, I see that we're eliminating a lot of positions out of here, which I understand. I just want to make sure that we have sufficient resources to handle the ongoing labor negotiations because most of these labor negotiation things only last like the -- it's only for a year, I understand. So literally, when we come off of this, we're going to be negotiating again. And l just want to make sure that the resources are available, 'cause I see that you have taken a hit. So I just want to make sure that you have the sufficient amount of resources in order for you to adhere to what you need to do? I guess Mr. Manager will speak for you. Johnny Martinez (City Manager): Yeah. We didn't just make the cuts or the reorganization blindly. We were -- worked hand in hand with Beverly to make sure she can still deliver, you know, her functions. Some people -- there were some vacancies. Some people moved up and assumed the job that they were doing and the job that the other person were doing and -- Commissioner Spence -Jones: Okay. So we won't have any lag in the dollars that's necessary for labor negotiations? I'm not necessarily talking about the positions that she had, but I just want to make sure that that's not going to become an issue? Mr. Martinez: Not that I know of. It's not going to be an issue. Commissioner Spence -Jones: Okay. All right, so I guess by the time we see each other again on the 27th, we'll have a clearer understanding of that? Mr. Martinez: Yes. Commissioner Spence -Jones: Okay, no problem. Management and Budget. Mr. Alfonso: Yes. Commissioner Spence -Jones: This is the only question I had. Was -- I understand that you're eliminating three vacant budget analyst positions, so I just want to be clear who's over budget, which I guess that's you. I want to make sure that -- when I see these num -- when I see people leaving something -- and here's, you know, a point that Commissioner Carollo mentioned. You know, when you see three people no longer, you know, participating in that function, I just want to make sure that you have what it takes and what's needed to make sure that we are able to facilitate, you know, all of these requests? And if you're shaking your head saying yes -- again, I'm just -- Mr. Alfonso: Yes. Commissioner Spence -Jones: -- trying to put it out -- Mr. Alfonso: Definitely. Commissioner Spence -Jones: -- to make sure that we don't have an issue so that I don't have to City of Miami Page 26 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 beg for positions later on. Not an issue, Danny? Mr. Alfonso: Not an issue, Commissioner. Commissioner Spence -Jones: Okay. All right, let me move to neighborhood NETS (Neighborhood Enhancement Teams). Okay, I noticed that there was -- I guess it's a Haydee question. I noticed that there was going -- it appears like one of the NETs is closing. Haydee Wheeler (Director, Neighborhood Enhancement Team): No, that's not correct. Commissioner Spence -Jones: It says which included the elimination of four vacant positions, one NET administrator. Ms. Wheeler: No. Actually, ifI may, explain. Haydee Wheeler, NET director. In 2009 when we got the first cut, our department was cut by 51 percent. Commissioner Spence -Jones: Okay. Ms. Wheeler: We did cut and we did close all the offices at the same time. We're not closing anymore offices. As a matter of fact, this year we opened an office on Brickell, which is a partnership that we did at no cost to the City. Commissioner Spence -Jones: Okay. Ms. Wheeler: The positions we are eliminating -- unfortunately, we had a lady that was ill. She decided to resign. And the other positions were -- for example, in the administrators, we had two positions. That would be Rasha Kamal (phonetic) and Liza Walton. What we did was we took the two positions, combined them into one, audited the position, and created a new position within the NET organization, which is the Community Outreach Specialist, which we brought to the Little Haiti area that specializes with the Creole language. Commissioner Spence -Jones: So -- just so that I'm clear. So, Haydee, you're saying to me that oh, Michelle, we did not -- Commissioner, we did not eliminate the person or a person, but that person in Little Haiti is not a NET administrator? Ms. Wheeler: No. His position title right now is Community Outreach Specialist. But his job description, if you look at the job description, it's very similar to the administrator, but it's not an executive position. His salary, of course, was reduced from the original by 40 percent. And he doesn't get car allowance. He does use the City car. So we did reductions, but at the same time we're creating a position that services the community. Commissioner Spence -Jones: No problem. And that's the most important thing. I just wanted to know. So was that one -- just -- for the record, that one NET administrator is actually the Little Haiti NET person? Ms. Wheeler: Correct. Commissioner Spence -Jones: Okay. So I just wanted to have clarity on that. Thank you, Haydee. Ms. Wheeler: Okay. Thank you. Commissioner Spence -Jones: All right. And then Capital Improvements administration. I'm sorry, y'all. I just -- that's why I didn't deal with none of my other items earlier, because I really want to make sure that what I'm voting on, I really understand what's going on. It's a lot to catch City of Miami Page 27 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 up for me in the next -- from the last two years. So on Capital Improvement, you know we have a lot of things that we need to work through. My only concern when I see the 11 vacant positions, which appears that they may not be there 'cause we're eliminating them, but we still have so many -- all of us. I know I have a lot of capital improvement projects in my district. When I see 11 people leaving an area, does that mean that our productivity is going to slow down? Does that mean that we're not going to be able to have the people necessary to complete our projects? Albert Sosa (Director, Capital Improvements Program): Commissioner -- Commissioner Spence -Jones: I don't want to put you on the spot. Mr. Sosa: No. It's okay. Albert Sosa, director of Capital Improvements. From our perspective -- from my perspective, I feel that the staffing levels with the vacancies eliminated represent an efficient staffing for my department. We have been operating at that staffing level for the last several months, probably the last six months or so. Commissioner Spence -Jones: Right. Mr. Sosa: And l feel comfortable that we can continue to produce the work at the pace that we've been producing it at with the staffing levels that we have in place. I think our -- we spent the last year since I've been in the department working with the staff finding efficiencies in our processes and our procedures, implementing those; and honestly, I can tell you that we found a way to do things, in my opinion -- Commissioner Spence -Jones: More efficiently? Mr. Sosa: -- better and more efficiently. Yes. Commissioner Spence -Jones: Okay. I just -- you know, I just want to make sure, because at the end of the day, I know that every one of us sitting up here wants to make sure that our roads and our streets and our parks get completed, and don't --I know you don't want us on you about why it's not getting done. And if we vote on the budget that says those 11 vacant positions are gone, then we'll take -- we should take responsibility in why you're not getting it done. Mr. Sosa: I understand. Commissioner Spence -Jones: But now you put it on the record that you still have enough people in order for us to complete our projects. I really don't have anything else to kind of even ask you on the next budget because if this is what it is and nothing needs to change, then I understand it now. Mr. Sosa: Thank you. Commissioner Spence -Jones: All right. I'm almost done, guys. The other one I had was Building, because I saw that we were trying to add some additional revenue stuff. So I just wanted to ask a quick question on that. Okay, all right. Mariano Fernandez (Assistant Director/Building Official): Yes, Commissioner. Commissioner Spence -Jones: All right. So -- I learned this today, so that's why I want to make sure I got it right. So I see in your building breakdown, we're actually losing the building official position. Mr. Fernandez: That's correct. City of Miami Page 28 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: Okay. Which, to me, I thought that was like probably the most important position in the Department. Is that merging with something else? Mr. Fernandez: Yes. Commissioner Spence -Jones: Are we going to still have a building official? 'Cause I -- according to the code, it is -- it's -- am I right or wrong? Is that --? Mr. Fernandez: It is right. Commissioner Spence -Jones: Okay. Mr. Fernandez: Yeah. The director position -- Chair Gort: Excuse me, excuse me. Mr. Fernandez: -- is combined with the building official. Chair Gort: And you are? Mr. Fernandez: Mariano Fernandez, the director ofBuilding and building official ofBuilding as well. Commissioner Spence -Jones: Oh, you're the builder -- Chair Gort: Okay. Commissioner Spence -Jones: Okay. So we're definitely -- we have no issues with the code on -- 'cause when I saw the position going out, I was a little concerned because according to the code, we have to have that position. So the only difference is now you're just combining it and streamlining it, correct? Mr. Fernandez: Yes, ma'am. Commissioner Spence -Jones: All right. So that was the biggest issue. And then I see a lot of different positions being changed. And when I start -- and I'm just putting it out here so no one can say I never said it. You know, when we start talking about Genting and all of these major projects that's going on, and you're cutting six, seven, eight people out of this department, are you sure we're going to be able to produce these permits fast enough to make sure that this stuff gets done? Mr. Fernandez: Yes, ma'am. But we're not cutting the people, we're reorganizing the department. It's positions that we removing the title of the position, but not removing the people. There's some reorganizations. We creating additional positions, as you see five additional positions so we're ready for the challenge. Commissioner Spence -Jones: Okay, no problem. I just wanted to make sure. Thank you so much. Mr. Fernandez: No problem. Commissioner Spence -Jones: Mr. Building official, very nice to meet you. Mr. Fernandez: Thank you. City of Miami Page 29 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Thank you. Commissioner Spence -Jones: All right. Slash director. Solid Waste. I believe that's who I had. Oh, Solid Waste. Keith Carswell: Keith Carswell, director of Solid Waste. Commissioner Spence -Jones: Hey, Keith. Mr. Carswell: How you're doing? Commissioner Spence -Jones: I'm good. So the only issue I had on this particular department -- andl just want it to be clear because I understand that you are also making some reductions as well. And this is probably one of the most valuable services that the City ofMiami has, you know, for our residents. I mean, other cities don't offer as much as this department does. I just wanted to make sure that we were going to still be as effective as we were with the cuts that you're making in the department. Would you -- for me, when I saw freezing of 14 positions, that means that somebody's not going to get their garbage picked up. So is that the case? Or are we reducing the number of days? Mr. Carswell: No. We're actually -- contractually, we can't eliminate the positions, but we're -- Commissioner Spence -Jones: Right. Mr. Carswell: -- freezing a number of positions. Commissioner Spence -Jones: Okay. Mr. Carswell: But the number of positions that are being frozen won't impact service. Also to enhance efficiency, we're in the process of getting GPS (Global Positioning Satellite) installed on our vehicles so that -- and we're actually going to look at adjusting the routes -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- particularly for garbage. So we think that right now where we have 23 routes, we may be able to go down to as low as 20. Don't know yet, but once we get the system up, we can make those adjustments, and then that would also pave the way for us to go single -stream recycling as well. Commissioner Spence -Jones: Okay. I just think it's really important that, you know, these type of City services that the citizens really look forward to them and l just -- you know, when I see -- I understand that we have to go lean and mean, but I just want to make sure that we're not just putting numbers down on a sheet of paper because we have to pass a budget, but we're really able to provide the services that are necessary. So if you're saying that there's nothing going to be reduced because you're freezing 14 positions and that -- Mr. Carswell: Yes. Commissioner Spence -Jones: -- we're not going to have any overtime hours because of any of this? Mr. Carswell: Well, let me just clarity -- one of the things that we're doing also in the budget that you received, we're working with Budget to get -- to fund our temps. Because right now in the budget, we have certain number of temps that primarily work in what we call the Mayor's Program -- City ofMiami Page 30 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: Yeah. Mr. Carswell: -- where they basically go and pick up loose litter in certain corridors. But we're going to make sure that, hopefully, in working with the Budget director, that we have that funding in place for those temps. And with that funding for the temps and the freezing of positions, we should be -- I anticipate we'll be fine. Commissioner Spence -Jones: Okay. So no overtime? Mr. Carswell: Well, I won't say that. Commissioner Spence -Jones: I'm just asking 'cause y'all got a lot -- Mr. Carswell: I won't say that. Commissioner Spence -Jones: -- of overtime in Solid Waste, so I'm just -- Mr. Carswell: Well -- Commissioner Spence -Jones: -- asking a question. Mr. Carswell: -- one of the things that we're looking at as well with the -- if you look at the holidays, which get paid out of overtime in our budget, where the rate was historically was basically double time and half, that alone automatically just because we had people working on holidays was $325, 000. So that should go down some, but we will have overtime. Also, basic -- we've been working quite well with GSA (General Services Administration) in terms of getting our vehicles on line. Right now we have 23 routes. Sometimes when we make the count at 23, we've been up as high as 30. Invariably, there could be an accident or breakdown with a vehicle, and then when that comes back, then we have to put someone out when someone else goes down, so we run into overtime. But it is something that I'm very cognizant of. It's something that we're working on and it's something that I anticipate will be going down, but I won't say that there won't be any overtime. Commissioner Spence -Jones: Okay. All right, thank you, Keith. I just wanted to be clear. Two more and I'm done, guys. The second one would be Parks and Recreation, and the last one is Risk. On Parks part of it, I guess it's Ernest, Mr. Burkeen. I'm almost done. I just want to get -- Chair Gort: No. Hey, you have a lot of years to catch up. Vice Chair Carollo: Take your time, believe me. Commissioner Spence -Jones: All right. You know how much I love parks, Ernest. Ernest Burkeen (Director, Parks & Recreation): Yes. Commissioner Spence -Jones: I'm not going to drive you crazy with my next two years over the parks, okay. Mr. Burkeen: Is that a promise? Commissioner Spence -Jones: I promise. I just need to get them completed, that's all. But what I do want to ask you, I do see that we have an elimination, once again, of 11 vacant positions. I see that also the daycare specialist, which most of those, I believe, are in my district -- I think you may have a daycare in your district. I'm not sure. I know that I have them -- they must be all in my district. City of Miami Page 31 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Burkeen: In your district. Commissioner Spence -Jones: Are you Lemon City? Mr. Burkeen: Except Moore Park, which a portion of it is in -- Commissioner Spence -Jones: Yes, you are. Mr. Burkeen: -- Commissioner Gort's district. Commissioner Sarnoff.. (UNINTET,T IGIBT ,F) just what -- Commissioner Spence -Jones: But you're across the -- there's a daycare right next to the -- Mr. Burkeen: Eaton. Commissioner Spence -Jones: -- post office. That's you. Mr. Burkeen: Eaton. Commissioner Spence -Jones: That's not me. Mr. Burkeen: It's on 62nd. Commissioner Spence -Jones: That's your daycare. So we're the only ones that have day -- Commissioner Sarnoff.. I have a daycare? Mr. Burkeen: Well, we've been having this discussion -- Commissioner Sarnoff.. I got to go visit. Mr. Burkeen: I've always thought it was in District 5. Commissioner Spence -Jones: No, it's yours. Commissioner Sarnoff.. Okay. Commissioner Spence -Jones: You need to go see those kids. Commissioner Sarnoff.. I do. They're wondering where Santa was. Commissioner Spence -Jones: So my question was -- you know, I don't know who the two daycare folks are, but we don't -- I don't need to get it down to the -- you can tell us that later. But the biggest issue I have is summer jobs and summer programs for our young people. And every year I know you get slashed to smithereens and every year every single last one of us, I'm sure we get a million and one phone calls asking us are there any jobs for our kids or any place for our kids to go. I just want to make sure that this particular budget that is -- there's been consideration made around, you know, the summer jobs related programs for the kids and for the families. Mr. Burkeen: The summer program that we just had will, again, take place next year. Commissioner Spence -Jones: Okay, so no cuts? City of Miami Page 32 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Burkeen: Some cuts, but we'll be able to operate and we'll be able to hire some kids. Commissioner Spence -Jones: Okay, so this is a small cut? Mr. Burkeen: Well, there are some other cuts involved, but we'll be able to operate just as we have this past year. Commissioner Spence -Jones: Okay. All right, Ernest. Just -- you can't say I didn't give you an opportunity to put it on the record. I'll be calling you when these people -- kids be calling me saying they don't have a place to go. That's fine. Thank you, Ernest. Commissioner Sarnoff. Can I ask him a question? Commissioner Spence -Jones: Sure. Commissioner Sarnoff. Are you going to keep the park rangers? Mr. Burkeen: As far as I know, unless something changes. Commissioner Sarnoff. Okay. Commissioner Spence -Jones: Our Risk -- and this is the last one I have, Risk. Mr. Ellis, I know you explained a lot of it in my briefings, but there's two things that I really want to make sure. I know -- I don't know if you equated in here the operational plan for the pharmaceutical plan, the better discounts. Is that included in your numbers for the budgets, like getting better discounts from the pharmaceutical plan that we have to kind of reduce some of the cost as well? Was that included? Calvin Ellis: That's correct. Calvin Ellis, director of Risk Management. One of our negotiation strategies with our current provider was to capture the pharmaceutical rebates. Commissioner Spence -Jones: Okay. Mr. Ellis: Historically, in the contract between the provider, Cigna, and the City, they acknowledged that there were rebates that were available. But rather than providing a pass -through, they only provided maybe 75 cents to a $1.50 per script where, in actuality, they've been capturing anywhere from $17.50 to $40 in the case of mail order. So as part of a concession that we were able to get, they are willing to give us 100 percent pass -through, so that equates to anywhere from $640, 000 a year in additional reductions. Commissioner Spence -Jones: So that 59.82 is what it is? Mr. Ellis: It is what it is currently. That's already taken -- Commissioner Spence -Jones: But that's already -- Mr. Ellis: -- into consideration. Commissioner Spence -Jones: -- included in there. Mr. Ellis: yes. Commissioner Spence -Jones: It's already in -- City of Miami Page 33 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Ellis: That's correct. Commissioner Spence -Jones: -- that equation. Okay. And then last, not least on this issue, I just wanted to ask you -- I know that, you know, you andl have talked briefly about the wellness portion of the program from Cigna and making sure that they really assist with providing programs for our City employees and their families so that we can help reduce some of the costs associated with their medical bills or bills associated with their health. So I'm assuming that $200,000 that you talked about is not in this budget. It's something that's coming outside -- from the outside vendor. Mr. Ellis: Yes, that is correct. Currently, our provider is giving us $25, 000 in wellness credits. They've agreed to increase that to $200, 000 a year. And not only that, but we're also looking to outside third -party specialists that specialize in the area of providing wellness programs for public sector entities -- Commissioner Spence -Jones: And that would help us -- Mr. Ellis: -- to help with it. Commissioner Spence -Jones: -- reduce -- but that's more of a long-term thing, right? Mr. Ellis: That's correct. I mean, if we implemented a wellness program today, it would probably be three to five years before we saw a significant impact on our claims experience. Commissioner Spence -Jones: Thank you -- Mr. Ellis: Thank you. Commissioner Spence -Jones: -- Mr. Ellis. I appreciate it. And in closing, I just wanted to mention -- this is another thing that I was working on before I left, which I think is extremely important. I think Commissioner Sarnoff andl were kind of toying around with this idea, andl think his reasoning was more of an environmental issue at that particular time, just, you know, having the electricity on everyday and all that. We talked about a four -day workweek, andl don't think we can implement it this year because I think that, honestly, we're a little too crazy to think about four -day workweeks. But I do know that there are some cities that have done it, and I know that we did a whole analysis and a whole report on it, and back then it wasn't a big thing because it was only like $1.5 million that we might have earned from it. I think those one -- that $1.5 million look good -- looks good to us now, you know. We're in a different position at this point. I would like to at least get a copy of that report. I've been asking for it. -- which means, you know, it would be -- the City employees would work Monday through Thursdays, longer days, but they at least have a longer weekend, which is the Friday, Saturday, Sunday. I think we talked about that or either doing a Monday -- Tuesday through Friday workweek. And that would, of course, eliminate the cost ofMRC (Miami Riverside Center) burning all of the electricity like it does and then having some of our NET (Neighborhood Enhancement Team) offices the same. I think he -- they did a whole analysis on it, andl believe in the end it was like $1.5 million that we saved. And also, we talked about just giving the employees that extra day, you know, that it would -- that the employees at that particular time really liked the idea of having three days off. So I definitely would like to have a report -- that report that requested that was done to get -- Mr. Martinez: It's a report that was done -- Commissioner Spence -Jones: It was a report that was done. It was like 1.5, 1.7 million savings from electricity, from everything, from gas. There was a whole analysis that was done. City of Miami Page 34 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Martinez: Miami -Dade County also did a study on four -day -- you know, closing the building, and it didn't yield much of a savings because if you had to work 80 hours, the building had to stay open 80 hours, whether it was spread over five days or spread over four days, so the savings wasn't really that much. Commissioner Spence -Jones: Right. I know for a fact it was like 1.5 million. But back that time -- back during that time -- Mr. Martinez: Yeah. Commissioner Spence -Jones: -- for us it was like, okay, well, it's 1.5. It's really not worth getting everybody transferred over to that system. But because money is becoming, you know, an issue for us, I would like for you to at least try to get the report. Mr. Martinez: And then the other thing is like the MRC is a service department. People go, they get their permits on Fridays and that type of thing and it's a logistics. But we'll -- I'll get you the report -- Commissioner Spence -Jones: Yeah. I definitely would like to -- Mr. Martinez: -- and I'll try to get the Dade County report -- Commissioner Spence -Jones: -- have that report. Mr. Martinez: -- to see if it matches. Commissioner Spence -Jones: Okay, no problem. Thank you so much. That's it, guys. Chair Gort: Okay. Question. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I was going to yield to Commissioner Suarez. I think he had some questions. I'm going to be brief. There's two or three things thatl want to mention. One, I've already have mentioned it as far as reducing our -- the special pay from 10 million to 8 million. We just heard in the presentation how, you know, we thought that it was a good thing what former City Manager Migoya did in putting some of these -- I don't know if you want to call them buffers or -- yeah, andl think reducing that $2 million, we saw right here how we could have had a potential difference and where would we have gotten that money. So that's why, you know, I'm just conservative in all this, and l just want to put that for the record. We'll speak more about it if you want and during this week, and if not, definitely at the next budget hearing. And again, I really -- you know, I feel strongly that we should not reduce that amount of money because even if, you know, we -- it really is $8 million what it comes in as, we still have, you know, some monies just to be able to, you know, compensate for something that, you know, some other area that we could be over budget. Mr. Martinez: (UNINTET,T IGIBT ,F) commission -- the service commission tax that could be hit. Vice Chair Carollo: Exactly, exactly. Two other things. One is, Mr. Manager, has there been any new hires ever since the last Commission meeting? Mr. Martinez: Yes. Andl think we're submitting a report, at least hires or promotions, promotions from within. City of Miami Page 35 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: Either promotions or hires. Mr. Martinez: We have a report. I think we turned it in. Vice Chair Carollo: However, it was my understanding that, you know, it was going to be given at every Commission meeting or so forth, some type of report or some type of address and we have not received it. And it troubles -- andl'm not saying doing it -- andl'm not saying it doing now. I'm just -- I guess what I'm saying is that I'm following up for some -- on something that we, you know, collectively, as a body asked that we would do and everyone was in agreement, but we did not receive it. And usually when that happens, then another Commission meeting passes and so forth and everything is forgotten. Andl think realistically that, you know, this Commission was very clear that at every Commission meeting we should receive a report of every new hire in the City ofMiami along with the reason for hiring them and all the other stuff that was discussed. You know, we could just look at the record and see what exactly was said. Mr. Martinez: Commissioner, the report is done, andl believe we sent it -- yeah, we sent it out. We sent it -- the report, e-mailed (electronic) to every Commissioner. Vice Chair Carollo: Okay, do you know when it was sent? Mr. Martinez: It was sent today for this Commission. Vice Chair Carollo: It was sent today for this Commission meeting. Mr. Martinez: Right, as a report. Vice Chair Carollo: This Commission meeting started at 9 a.m. What time was it sent? Okay, I was told it was just sent. Okay, I just want to make sure that, you know, we follow up with what this Commission requests and what we've agreed to and so forth. And I'll look at what you all sent and so forth. I don't see here the reason for -- and real quickly, I just got this. I don't see the reason for hiring this person or that person, but I'll leave that alone. At least we have, you know, the report that was said that, you know, you all were going to furnish at every Commission meeting. The last thing that I want to address is a question to the City Attorney. Madam City Attorney, I need clarity on this. I know I've brought it up several times, but I want clarity on this. Does this Commission have to approve FTEs (Full Time Equivalents)? Julie O. Bru (City Attorney): FTEs means full time equivalent. Vice Chair Carollo: Exactly. Ms. Bru: And those are all the positions that are identified in the City by HR (Human Resources), and they're funded by this budget. So customarily, when you approve the budget, each department provides to you the number of -- Chair Gort: Positions. Ms. Bru: -- full-time equivalent positions that are being funded in that budget. So the answer is that every budget that I've seen, yes, has the number of positions that are being funded included in there 'cause if during the year the department -- the City wants to increase the number of positions that are being funded, you would be out of budget, so you'd have to come back with a budget amendment to increase the number of positions that are funded. Vice Chair Carollo: Right. And we've had this -- some discussion on this in the past because, let's say there is one position at $50, 000 salary -- andl'm just going to use simple numbers so -- City ofMiami Page 36 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 you know, just to get my point across, not necessarily for the dollar amounts. One position at $50,000, okay, and we approve that FTE. That person leaves for whatever reason. Can then that director or the Manager hire two people at $25, 000 each, for a total amount of $50, 000? And it appears to me from what you're telling me, since we're approving FTEs, technically the answer is no. Is that correct or not? Mr. Martinez: I don't know. I would think yes because it's full-time equivalent or full-time employee, so if you had one employee working 40 hours or two employees working 20 and 20 -- Vice Chair Carollo: That's -- no, no. That's not what -- Mr. Martinez: No? Vice Chair Carollo: -- I'm saying. Mr. Martinez: Okay, I'm sorry. Vice Chair Carollo: You hire one employee -- you have one employee at $50, 000. Let's say they retire. Now you hire two employees at -- Mr. Martinez: No. Vice Chair Carollo: -- 25/25. You cannot hire -- Mr. Martinez: Cannot. Vice Chair Carollo: And that's where, you know, I have -- I mean, that's happened in my office where, you know, someone has left and I've been able to hire two people for the -- I don't want to say the price of one, but two people for the salary of one. Mr. Martinez: No, not two people for the salary of one; two people for the hours of one is what I would look at. Vice Chair Carollo: And that's where, you know, I want to get some clarity, and do we actually have to approve this? And if so, I want to see what positions I'm approving because, in all fairness, I think, you know -- and I'm bringing it to light -- sometimes we pass the budget and we're looking at the numbers but somewhere in there, stuck in there somewhere, buried, is we also approved all these positions. Andl think we need to start narrowing down what positions we approved or not because, you know, we've had some discussions and some articles and some media attention with regards to positions that have been hired when there was a freeze and so forth. So I think we need to start, you know, cracking down on exactly what positions we have, what positions we don't; what do we approve, what do we don't. And ifI -- and if you're telling me by state law or by statute I have to approve the positions, then I want to know what they are and not just, for instance, Mayor's office, 11; Commissioners, 30. I don't want to just know a number. I want to know, okay, if we're approving positions, what are the positions and so forth. Chair Gort: Excuse me. You're finished? Vice Chair Carollo: Yeah. I just want -- I want clarity. Do we --? Chair Gort: I have a question because my understanding is you have a budget, that budget you can have X'amount of position. If you stay within that budget, you can change the position as long as you don't -- unless there's specific criterias [sic] that they have to have for certain positions. City of Miami Page 37 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Bru: Okay, you know, I can only answer your question by reading to you the actual resolution that adopts the budget and what it says. So in the resolution that adopts your budget, in Section IX of the resolution, it says all departments and the number of employees designated therein provided for in this budget, either by position summary or by the organizational chart, are deemed approved by the City Commission. Any permanent change regarding the same shall require City Commission approval. It has been customary that this Commission actually looks at the number of positions in a department. You don't have it in the resolution, but when the budget book gets published after the final adoption of your budget, you do see there's line items showing the number of positions. Vice Chair Carollo: Well, and that's exactly my point. And I'm trying to drill down a little bit more in there because, first of all, I understand, yeah, it's been customary that that is in there. And that's -- legally, that sounds great, but in laymen's term, what exactly are we approving. And let's be real. Do we know what we're approving with regards to that? 'Cause I know we're looking at the budget. I know last year we were looking at the budget. Now if somewhere buried in there was that we also approved X'ositions and so forth, I want to know what they are. And yeah, I see a list of let's say, I don't know -- I'm just reading, Purchasing has X'humber of positions, Building has X'humber, but do we really know what those positions are, you know? So I want to see -- you know, I want to be able to just all my votes and so forth. So when you tell me in a discussion or so forth, oh, Commissioners, you approved those positions -- and that's come up in the past, where I said, what do you mean we've approved those positions? And said, yes, when you approve -- when you adopted your budget, those positions was in there and they've been approved and all this. So I'm saying, well, wait a second. If that's the case, let's backtrack. I want to see exactly what are we approving here, what must we approve here, and take it, you know, one step at a time. I don't need an answer right now 'cause I'm sure other Commissioners have questions. But that's something that before we vote on any of these budgets, I want to make sure that, you know, we have adequate answers for. Thank you. Chair Gort: My understanding, along with the numbers, you will have the positions because I read that before where you're going to have the numbers and you're going to have the positions also. Okay, thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you. I have a few questions as well. Again, we got this -- and we've had other things that we've been dealing with. My understanding on that -- on the issue that the Vice Chairman was raising was that we actually did approve in our budget the number of positions, andl remember when arrived that even within our own staff budget that wanted to change -- you know, we had to make our pieces fit. Andl was told that it had to come back to the Commission even for our own staff budget to change -- if you wanted to have a half a person or -- that's whatl was told at the time. Vice Chair Carollo: See, and my interpretation is different, andl was never told that. I would say, you have a budget. If within that budget you want to hire 100 people and you're within your budget, you hire 100 people. And now -- Chair Gort: (UNINTET,T IGIBT ,F) Vice Chair Carollo: -- I'm -- right. And that was my interpretation. I'm starting to listen differently, andl want clarity 'cause this is important. And Mr. Manager, the example that gave you, it's not far-fetched. It happened in my office. You know, one person left. I hired two people for the same amount of money that I was paying that one person. So it's not, you know, that far-fetched. But from what I'm hearing from what Commissioner Suarez says, I wouldn't City of Miami Page 38 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 have been able to do that because I needed to only hire one person, even if that per -- Commissioner Suarez: Or come back to the Commission. I mean, it's -- in your case, I think it would obviously be perfunctory, but I'm saying come back to the Commission and have that position split. That's the way it was told to me. Vice Chair Carollo: And I'll go a step further. I specifically asked last year with regards to Commissioners' office if we, you know, change from one line item to the other, if it needed to come back to Commission and so forth, and the answer was no. And the reason I asked that is because I really wasn't too concerned with the line items in my budget. I really wasn't. I knew as long as I'm within budget, I'll be all right, and you know, they -- when they drafted the budget, they put X'amount for this and X'amount for that even though I wasn't -- I knew I wasn't going to spend, let's say, I don't know -- let's say they put $5, 000 or $10, 000 for office supplies. I knew there was no way I was going to spend that amount. And I'm just showing -- I'm just saying an example. Didl bother to change it? I said no. And that's why I specifically asked -- and by the way, just for the record, I'm below my budget. I'm way below my budget. There's no issue. There was no issue last year. There's no issue this year. Anyways, with that said, it was my interpretation -- andl actually asked point-blank a direct question. When -- if we use monies for one line item or so forth in our office budget, does it have to come back to Commission? And it was answered, no, it does not. So I just want clarity. I just -- listen, I just want to play by the rules, but I want to know what the rules are. And not just for us in our offices, but you know, citywide. Chair Gort: Madam Attorney. Ms. Bru: Well, I'll answer the question about the staff of the Commissioners. Those individuals are not treated any different than any of the other unclassified service members. They are members of the unclassified services, so their positions -- Chair Gort: Is at the will. Ms. Bru: -- are approved by this Commission, such as -- like the positions in the rest of the City are approved. The only difference is that you have the authority to appoint them, demote them, whatever, you know, establish their tenure so you can appoint and remove those individuals pursuant to an ordinance that was adopted. But as far as counting them in -- you know, as far as positions are approved in the budget, they're treated the same as all other employees and their positions, their corresponding positions. Commissioner Suarez: But I think the question he's asking is are you saying that if you want to change that structure, you have to come back to the Commission? That's what I was told. Ms. Bru: Right, yes. Commissioner Suarez: When the Budget director was Director Boudreaux, he told me that either I work with the construct that's already there from the prior Commission, or ifI want to change the construct, it has to actually come before the Commission and you change the position number from whatever, you know. Ms. Bru: The number -- Commissioner Suarez: Andl thinkl actually did that -- Ms. Bru: Right, right. Commissioner Suarez: -- in my first budget, my first Commission budget. I'm pretty sure -- and City of Miami Page 39 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 I'm not 100 percent sure. It was two years ago. But I'm fairly certain that I brought -- I did make some changes, andl brought it to the Commission and voted on it. But don't know if that helps. Ms. Bru: That's a correct interpretation of the way that you fund the positions. And really, I think this is better addressed by the Budget director as to why your budgetary practices are such that you actually identifi, the number of posifions for every fiscal year and then fund the number of positions. It's really not a legal issue. It's just the way that you adopt your budget, andl think it's a budgetary practice issue. Maybe he can explain why that's a good budget practice. Daniel Alfonso (Director, Management & Budget): Commissioners, the way I understand it -- and perhaps you'll correct me if I'm wrong -- andl -- the budget is approved, first of all, at the department level, so we approved a budget in the resolution that has a department number. So in a sense, Commissioner, you are right that as long as you stay within that number, it's okay, except that we have an accountability ordinance that says in the last 90 days we can't move money around unless it is less than $5, 000, et cetera. But for the most part, you -- the budget is approved by a resolution at the department level. As it pertains to the position counts, we intend to and we should, every year, along with the budget resolution, provide what is the total count of employees that are in each department's budget so that if you are talking about full-time City employees that we're hiring and it's an addition to what's in the authorized number, that should come back to the Commission and it should not change. There may be some confusion because in some cases we hire temps or we hire part-timers, and in that case, there what governs is the amount of money that is allocated to that area. So that's not -- those are not full-time employees of the City per se, but they may be temps or part -times. Commissioner Suarez: Would there be then a budget category within whatever department that says for temporary workers? Mr. Alfonso: Yes, there is. Commissioner Suarez: Okay. Mr. Alfonso: It's that salary line below the regular wages. Commissioner Suarez: Right. So that could be hired essentially there. We're not going to dive deeper into that and say we're going to have only 15 temporary workers -- Mr. Alfonso: Correct. Commissioner Suarez: -- or 20 or 11 or -- Mr. Alfonso: Correct. For example, the Parks Department for summer programs may hire 30, 20, you know, but it has an allocation of dollars that they cannot exceed. Commissioner Suarez: Got it. Chair Gort: When it comes to our office, my understanding is we have certain names, categories that we have to place them. As long as we place them with those categories and we're within budget, we can make the changes and it doesn't have to come in here. Mr. Alfonso: That is -- Chair Gort: Am I correct? Okay. Mr. Alfonso: -- my understanding. City of Miami Page 40 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Can you -- Vice Chair Carollo: Yeah, can --? Commissioner Suarez: -- read --? Let's do this. Why don't we -- if you don't mind, I think this may be the best way to handle it. Why don't you read the minutes from what we've just discussed and before the next budget hearing, have a definitive answer for Commissioner -- Vice Chairman Carollo because I think we're still kind of saying two different things. Vice Chair Carollo: Exactly. Commissioner Suarez: Mr. Chairman, if -- Chair Gort: Okay, any other -- Commissioner Suarez: -- the Vice Chairman will yield. I just -- Vice Chair Carollo: Yes. Commissioner Suarez: -- have some minor questions, andl think Commissioner Spence -Jones did the heavy lifting, so thank you for that. We -- you know, again, we're doing the best that we can I think with the time given to us. I see that -- andl think my staff asked you this question, Mr. Alfonso, before and we couldn't get an answer andl don't know if you have one yet. On the franchise fees, utility service fees, cable TVs (Televisions), I see that it's -- from 2008, it's 413; 2009, 420; 2010, it's 417; 2011, actual looks like it's 420. But then for 2012, it's zeroed out. So I don't know -- Mr. Alfonso: Commissioner, I was told that the contract -- that contract ended and we're not aware of it being renewed at this time. That's why there is no budget for there next year. Commissioner Suarez: But does that mean that there's no -- that a cable -- there's not going to be any cable offered to our residents? Mr. Alfonso: I'm sorry. The IT (Information Technology) -- that contract falls under the IT Department. Is the IT director here to --? There you are. Cindy Torres (Acting Director, Information Technology): I'm Cindy Torres and I'm (UNINTELLIGIBLE). Priscilla A. Thompson (City Clerk): I'm sorry. Chair, I'm sorry. Ms. Torres is going -- she needs the mike. She'll be sitting down to make her presentation. She needs to sit. Ms. Torres: Good evening. I'm Cynthia Torres. I'm the ERP (Enterprise Resource Planning) director. I apologize. I hurt my back so -- Commissioner Suarez: Have a seat. Ms. Torres: -- I'll stand as long as I can stand. But in terms of the Comcast -- Commissioner Suarez: Have a seat. Ms. Torres: You sure? Commissioner Suarez: Yeah, yeah. City of Miami Page 41 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Ms. Torres: Thank you. Vice Chair Carollo: I'm sorry. You're the director for what department? Ms. Torres: ERP, IT. Vice Chair Carollo: PIT? Ms. Torres: I'm ERP director and I'm acting IT director. Vice Chair Carollo: Thank you. Ms. Torres: In terms of the Comcast contract, I'm not aware of it actually ending. And before the next hearing, I'll absolutely get more information for you on it. Commissioner Suarez: So -- okay, so that could be another additional $400, 000 in revenue essentially. Mr. Alfonso: Yes, Commissioner. Commissioner Suarez: Okay. Mr. Alfonso: That should help us cover that elections problem. Commissioner Suarez: Yeah. Well, we'll get to that. Like the Vice Chairman will say, we'll get to that. Then in fines and forfeitures, there seems to be a budget of a million dollars from a year-end of 1.286. Could you explain to me where that comes from? Mr. Alfonso: What remains in finance and forfeitures -- and I think the last year -- that's the line that had the $10 million that went down to one. Commissioner Suarez: Yeah. I know that -- Mr. Alfonso: Right. That was the -- Commissioner Suarez: -- $8 million is -- Mr. Alfonso: -- red-light camera. Commissioner Suarez: -- the red-light cameras, right, but -- right. Mr. Alfonso: What remains in that section is primarily the vehicle impound program and the commercial vehicle violations. So that is what's budgeted primarily in that section right there. Commissioner Suarez: What kind of track record do you have this year that would give you the impression that you're going to be able to generate a million dollars in revenue? Mr. Alfonso: That program is a new program that was supposed to start in the current year, but it never really got off the ground, so I understand the Police Department has purchased the equipment -- correct, Police Chief, if you may? They have purchased the equipment to implement the program, the scales, et cetera, so that -- originally when the analysis was done by DOT (Department of Transportation), I believe, over a year ago, they had talked about the commercial vehicle program alone generating in excess of $700, 000. We have not taken that number. The only amount that we have in there right now is $320, 000, if I'm correct. So of that City of Miami Page 42 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 million, 320 belongs to the commercial vehicle program, but it's purely based on an estimate that was done by DOT on a couple of days of testing that they did. And we now have the equipment, right? Manuel Orosa (Interim Chief of Police): Yes. Mr. Alfonso: Okay. Commissioner Suarez: And I think that's what -- Chair Gort: My understanding is that there was a program, that we went to court and we won -- Commissioner Suarez: I remember -- Chair Gort: -- and we made the changes and they're supposed to be implementing certain activities that have not taken place. Commissioner Suarez: I remember -- Chair Gort: Okay. Commissioner Suarez: -- Chairman. I totally remember we did the settlement on that -- Chair Gort: Right. Commissioner Suarez: -- case. Chair Gort: Yeah. Commissioner Suarez: What concerns me is that we have taken very conservative positions in this budget -- Chair Gort: Yeah. Commissioner Suarez: -- and what we've done is -- one of the big mistakes that we made last year was that we had an unknown revenue and we kind of came up with an idea as to what it was going to be and that obviously fell very, very, very short. And so I'm concerned that -- I mean, this is a million dollars and we don't have any sort of data to confirm that we are going to actually hit this target other than just the assumptions. And that's a concern that I have because it's not a known revenue. I think best case scenario had we had -- you know, had we been in a better situation, we would have budgeted zero and then we would have seen what one year's worth of revenue would generate out of that program and then would have budgeted for the following year and then, you know, would have been, in essence, found money. So it's just a concern that have. Andl don't know how you came up with the million dollars. It'll be good if you could shed some light on that. Mr. Alfonso: We'll look into that. I also want to point out that there is -- andl got to dig in to see exactly what else is hidden in there, but there is approximately $1.2 million of revenue hidden there that is not red-light cameras. Vice Chair Carollo: Right. Commissioner Suarez: Right. Mr. Alfonso: So -- City of Miami Page 43 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: If you can drill down into that -- Mr. Alfonso: We will. Commissioner Suarez: -- and just (UNINTELLIGIBLE). Mr. Alfonso: We'll look into it and see what exactly -- Commissioner Suarez: 'Cause, yeah, your actual looks like it's going to be 1.2, so -- Mr. Alfonso: Right. Commissioner Suarez: -- I just don't know -- it's a broad category. Vice Chairman's teaching me that got to -- you know, I just (UNINTELLIGIBLE) broad category. I got to go a little deeper than that. So, you know, if you can just drill down, let me know how you got to that 1.2 and where you came up with a million, I would appreciate it. Mr. Alfonso: We'll look into that, Commissioner. Commissioner Suarez: Thank you. Also, in other miscellaneous revenue, going down the page, there's an increase from our actual of 8.8 to our budgeted of 9.5. Mr. Alfonso: Which --? Commissioner Suarez: I'm sorry. It's other revenues. So if you go to other revenue category and under other revenues, it's other miscellaneous revenues. I know the Vice Chairman's got to love that categorization, other miscellaneous revenues. So anyhow, we have it as an actual 8.8, and we have a budgeted 9.5, which is a discrepancy of 1.125, so if you could just shed a little light on that. Mr. Alfonso: The 1.125 million that is being added is revenue that is expected from increasing the contribution for retirees' health plan from 50 percent to 75 percent, andl understand that that's at $1.125 million. Commissioner Suarez: Andl see that here. I see that here in your revenue adjustment, so that makes sense. Just quickly -- I know this is kind of a sensitive subject, but you know, we have in our police budget our salaries increasing -from 88 to 89 million and our overtime budget being reduced from 6 million to 2.5 million. So you're talking about a net difference of -- I guess it's 3.5 in one -- you're talking about a net difference of about 2.5 million. Salary going up by a million, overtime budget going down by 3.5 million, so the net difference is actually a $2.5 million reduction. So my question is, how are we getting that $2.5 million reduction. Mr. Alfonso: Commissioner, the Police Chief will speak to how he's going to try to tackle the issue with the overtime. I'm going to say that the -- my understanding, part of it is going to be alleviated through the fact that there are some special revenue accounts reimbursements that the Police Department will be getting, so some of the overtime expense is supposed to be hidden in special revenue, which currently has been in the general fund. And we're working with Finance and the Police Department to correct some of that. The bulk of it, though, will be saved -- if you look at the previous year, the Police Department was able to achieve $2.8 million in overtime. And my understanding is that the Police Department will work to reduce the overtime expenditures to that level, but I'll let the Chief speak. Interim Chief Orosa: Yes, Commissioner. We're basically going to be working to eliminate as much overtime as we can by reducing overtime that we have to pay for shortages. The other City of Miami Page 44 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 issue is that I've spoken with our attorney and going into equitable sharing is part of the FDLE (Florida Department of Law Enforcement) basically law that probably will allow us to capture and pay for some overtimes that we can separate out from the regular overtime, such as probably court, and they're looking into that. We can probably get LETF monies to pay for court overtime, which is a million one, and we could use that difference to pay for regular overtime to come up with the 2.5 budget. Commissioner Suarez: I think what I would like to see between now and the next budget hearing is a detailed explanation for the discrepancy because it is a significant discrepancy. It's $2.5 million when you net out the two categories. So I think, you know, to make that kind of a jump or change, you know, I think we -- you -- we need a little bit of concrete information to back that up. Interim Chief Orosa: Yes, sir. Commissioner Suarez: Andl guess my last question is --I'm assuming that between now and the next budget hearing we will get an answer as to the cost of the elections and why it was budgeted at 300 versus what -- it appears to be somewhere in the mid-400s. Mr. Alfonso: Commissioner, as to why it was budgeted at 300, it was 300 the previous year. What I can tell you is that we will work between now and the next budget and we'll prevent -- present another memorandum to you explaining the changes that we made. There's a couple of line items that between now and the next hearing we will have to adjust. Elections is obviously one of them, as the Solid Waste director stood up here and said that there are some issues with his budget we're trying to deal with. We talked about in the meeting that we had yesterday, about GSA (General Services Administration), andl know that there's some extra money there. So there are some changes that still have to happen actually to even this proposed budget, to fine-tune it and get it to where the final adopted budget is going to be. Commissioner Suarez: Andl appreciate andl know how hard you've worked on this budget. You haven't stopped since you've gotten here, and we certainly appreciate that. Andl just -- I think what happens with a budget like this is when we see a discrepancy like that, it kind of worries us about the rest of it, you know, because then we say, well, if there's a miscommunication here, could there be other ones? I mean, we have 30 other budget -- you know, 30 other departments. So it's kind of worrisome. That's fine. Chair Gort: Okay, any other questions? Madam Attorney. Do I have a motion? Commissioner Suarez: So move. Commissioner Spence -Jones: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Spence -Jones. Further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Aye, on first reading. Chair Gort: First reading, yeah. Commissioner Suarez: Yeah, on first, too. [Later..] Commissioner Spence -Jones: Mr. Chairman, I would like to say that I'm so proud of us, 'cause City of Miami Page 45 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 everyone thought we were going to be here until 11 or 12 o'clock tonight. Chair Gort: Wait a minute. Commissioner Spence -Jones: Oh, we're not done yet? Chair Gort: Wait, wait. Okay, wait. Commissioner Suarez: Whoa, whoa, whoa, whoa. Commissioner Sarnoff.. Dinner is on you. Vice Chair Carollo: FR.3 [sic]. Commissioner Suarez: Who won the bet? That's what I want to know. Chair Gort: Madam Clerk. Commissioner Suarez: Who won the office bet? Commissioner Sarnoff.. Well, I think Spence -Jones owes us dinner, personally. Commissioner Suarez: Yes. Priscilla A. Thompson (City Clerk): Okay. If we're going to come back to our meeting -- Commissioner Sarnoff.. We have to come out of recess. Ms. Thompson: -- if we are going to move back to the next meeting -- Commissioner Sarnoff.. Close down (UNINTELLIGIBLE). Ms. Thompson: -- I need you to adjourn this meeting if you're done. Chair Gort: Do I have a motion to adjourn? Commissioner Sarnoff.. So move. Commissioner Spence -Jones: Just Mr. -- Chair Gort: Wait a minute, wait a minute. There's one question. Commissioner Spence -Jones: Just Mr. Chairman, I just want -- on the budget part of it, the one issue that was not addressed but I would like to make sure is addressed in the next meeting is this 22 furlough thing that no one really spoke of today. I think it's important for us to understand the kind of impact that it will have on City employees and that was -- I didn't see that in the presentation at all today. Commissioner Suarez: I think that -- Commissioner Spence -Jones: You don't have to get into it now, but I just want to make sure that -- There's no furloughs now? Oh, well, put it on the record. So we're not having any -- the 22 furloughs at 847 -- Chair Gort: No. City of Miami Page 46 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: That's gone. Commissioner Suarez: That's gone, yeah. Vice Chair Carollo: That's gone. Ms. Bravo: Commissioner -- Commissioner Sarnoff. We got that out of District 3's bank account. We don't even need it anymore. Commissioner Suarez: That's out of his parks budget. Commissioner Spence -Jones: We want to make sure the City employees hear it. Commissioner Suarez: That's out of his parks budget. Chair Gort: They're all (UNINTELLIGIBLE). Commissioner Sarnoff. And no furloughs because District 4 doesn't need an election. Is everybody clear on -- Chair Gort: Yeah. Commissioner Sarnoff. -- TV (Television)? District 4 doesn't need an election. Commissioner Suarez: Hey, that's probably not going to happen too many times in my life so, you know. Commissioner Spence -Jones: So our City employees -- Commissioner Sarnoff. Have I said that before, that District 4 doesn't need an election? Commissioner Spence -Jones: -- can rest well tonight because we don't -- Chair Gort: Yes. Commissioner Spence -Jones: -- have to worry about their 22 furloughs. Chair Gort: Furloughs, okay. Ms. Bravo: And just for the record, the budget that was presented in July was just a tentative budget to see where we stood. And obviously, there was a deficit at that time since we hadn't gone through all the numbers. So as an example of how to deal with that deficit, the furlough days was used. But now we have gone through the budget and we have our tentative agreements with the unions and therefore that's not resulting, only what was reflected in the presentation earlier regarding the union contracts. Chair Gort: Thank you, ma'am. Do I have a motion -- Vice Chair Carollo: To adjourn -- Chair Gort: -- to adjourn? City of Miami Page 47 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: -- the budget hearing. Yes. Commissioner Spence -Jones: Second. Vice Chair Carollo: Motion. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BH.4 RESOLUTION 11-00771 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00771 Summary Form.pdf 11-00771 Legislation.pdf 11-00771 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0339 Chair Gort: BH.4. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: On -- I know the DDA (Downtown Development Authority) is different, but on everyone else, all the different agencies -- I don't know if you want to hear from them -- I would respectfully ask that we vote on them on the next budget hearing. Again, I don't mind hearing from them now and if you all have any questions. I will probably have questions for all of them in the next budget hearing. So I just respectfully request of my colleagues if the ones that we don't have to vote on today, if we could vote on them, you know, on September 27. Chair Gort: That's not a problem. But in that case, what I would like to do, I'd like to hear from DDA since we have to vote on that, and then we'll listen to the departments. And I think it's smart that we're listening to the departments today so we can ask all the questions and make sure Commissioner Spence -Jones: Yeah. Chair Gort: -- we get the answer for the next meeting. Vice Chair Carollo: Yeah. There are other agencies. They're all the different agencies. City of Miami Page 48 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: I think we have to vote on DDA and that's about the only one. Budget hearing 5. No, we're going to hear from DDA first. Keith Carswell (Director, Solid Waste): No. Sorry, Mr. Chair. It's BH (Budget Hearing) -- okay. Commissioner Spence -Jones: BH4. Julie O. Bru (City Attorney): You have the solid waste assessment. Chair Gort: No. We have to adopt the solid waste. Go right ahead. It's the same -- Go ahead, sir. Mr. Carswell: Commissioners -- Mr. Chair, Commissioners, BH.4 is the -- setting the solid waste fee that's assessed on residential units in the City ofMiami. The proposed rate -- or the rate is $380 per household unit, which would generate $26, 334, 000. We respectfully ask that you approve the proposed resolution. Chair Gort: And there's no increase; am I correct? Mr. Carswell: No increase. Chair Gort: No increase. Mr. Carswell: No increase from the prior year. Chair Gort: Okay. Do I have a motion? Commissioner Spence -Jones: So moved. Chair Gort: It's been moved by Commissioner Spence -Jones, second by -- Commissioner Sarnoff.. Second. Chair Gort: -- Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Carswell: Thank you, Commissioners. Chair Gort: Thank you. BH.5 DISCUSSION ITEM 11-00749 Downtown DISCUSSION OF THE PROPOSED MILLAGE RATE AND TENTATIVE Development BUDGET FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY. Authority PERCENTAGE INCREASE/DECREASE IN MILLAGE OVER ROLLED BACK RATE RESPONSE: 0% (.478 IS THE ROLLBACK RATE) City ofMiami Page 49 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE DECREASE AND EXPLAINS THE REASONS FOR THE ROLLED BACK RATE. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE BUDGET, IF NECESSARY 2. RECOMPUTE THE PROPOSED MILLAGE RATE IF NECESSARY 3. ADOPT THE TENTATIVE MILLAGE RATE 4. ADOPT THE TENTATIVE BUDGET OR THE AMENDED TENTATIVE BUDGET AS NECESSARY 11-00749 DDA- Millage & Final Buget 09-27-11.pdf DISCUSSED Note for the Record: Items BH.5 and BH.6 were discussed together. Chair Gort: DDA (Downtown Development Authority). Alyce Robertson: Good evening. Alyce Robertson, executive director of the Miami Downtown Development Authority. The item before you today is the preliminary millage rate for -- and tentative budget. This millage rate that is in front of you is .478 is the rollback rate. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Priscilla A. Thompson (City Clerk): I'm sorry. Chair Gort: Any further discussion? This is an ordinance. Ms. Thompson: I'm so sorry, Chair. Andl -- BH.5 is just a discussion item, okay. Commissioner Sarnoff. Oh. Ms. Thompson: Now we -- Commissioner Suarez: Okay. Ms. Thompson: The voting actually takes place on BH.6. So are you --? Chair Gort: Discussion item. Is this a public hearing? Okay, so we open it up to the public. Commissioner Suarez: My apologies to the public. Chair Gort: This is DDA, millage. Grace Solares: Good evening. Welcome back. We missed you here. Grace Solares, 60 Southwest 30th Road. This is again another year thatl come on this issue, except with a little twist this year. As you very well know, there is a pending litigation against the DDA, the City, the State, the County with respect to the tax on the -- that the DDA is imposing with respect of being illegal. The case went before Judge Cardonne on a motion to dismiss. Judge Cardonne dismissed it, and it was taken to the court of appeals. When it got to the court of appeals, the court of appeals said, no, Judge Cardonne, you're wrong, so the matter went back. However, the opinion of the Third District had one sentence in one of the paragraphs that said the Downtown City of Miami Page 50 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Development Authority is not an independent taxing district. The City ofMiami moved for clarification on two or three issues. The court of appeals came back -- Chair Gort: Excuse me. Ms. Solares, excuse me a minute. Can you close the door, please? Thank you. I'm sorry. Go ahead, ma'am. Ms. Solares: That's all right. The court of appeals came back -- one of the issues that they wanted clarification is their statement that the Downtown Development Authority is not an independent taxing district. The other two, I don't remember. They came back with a new opinion and they clamed the other two points, but they left intact, like saying we're not claming this. This is our legal opinion, that the Downtown Development Authority is not an independent taxing district. Consequently, gentlemen, I ask you please that if you feel that you must impose this tax once again upon the people on the boundaries of the DDA, that you put that money into a trust account or escrow account until the matter is decided. Why? Because if you are to give the money back, if that money's spent, where is the money going to come from? From me. I don't live in the DDA district, but I'm going to have to respond for that if that money needs to go back. I recognize that your City Attorney right now will probably be able -- not be able to tell you anything about their position because the matter is in litigation right now . Or in the alternative, she may tell you it's okay, you can go ahead and do it. I just want you to have this knowledge. I just want to put this on the record -- Chair Gort: Okay. Ms. Solares: -- so that whatever you do you have knowledge of what has happened and what the court of appeals did. And on a motion for summary judgment, where the petitioner will be coming rather soon, if it's lost by the plaintiffs, it will be taken to the court of appeals. And the court of appeals has already ruled, so their own opinion will be an exhibit on that appendix that the Downtown Development Authority is not an independent taxing district. Thank you. Commissioner Sarnoff. Grace, you have a -- Chair Gort: Thank you. Commissioner Sarnoff. -- you have the case cite? Ms. Solares: Beg your pardon? Commissioner Sarnoff. Do you have the case cite? Ms. Solares: No, I don't have it here. I can send you -- I can e-mail (electronic) you the opinion. Commissioner Sarnoff. Well, no. I read the opinion and it's a little different than you're describing it. That's why I was curious if something happened very recently. Ms. Solares: Oh, you mean to tell me that it doesn't say that the depend -- that the taxing -- that the DDA is not an independent taxing district? Commissioner Sarnoff. No. What -- Ms. Solares: You're telling me you did not read that? Commissioner Sarnoff. What I'm saying to you is you're suggesting to this Commission that you've had the entire opinion reversed and that's not actually true. What happened is they afforded you a very small window to come back and see if you could get your tax rebate. You had been asking from I think the beginning of the DDA up until today or time certain and you City ofMiami Page 51 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 came back with I believe -- I think they said you could have a three-year window. Ms. Solares: No. The court -- Judge Cardonne ruled that the statute of limitations had ran. Commissioner Sarnoff. Had run, correct. Ms. Solares: The district court came back and said wrong. It has not ran. They have all the right in the world to ask for their money back because it hasn't run. But within that opinion, it is the statement that the Downtown Development Authority is not a taxing district. It was not being argued. It was not being taken on appeal. They, on their own, said that is not an independent taxing district. What I'm trying to tell you, Commissioner, is since the statement has been made, since the City ofMiami asked for a clarification of that and they refused to clam it, they left it intact that you're running a risk that on a motion to dismiss, if denied, when it goes to the Third District, it will be ratified 'cause they've already found -- even on their own, they already found it's not an independent taxing district. That's alll am saying to you. Commissioner Sarnoff. And all I'm suggesting is if you had the case and the case to show -- because my recollection of having been briefed on this is somewhat different than what you're representing to this Commission. That's all I'm saying. Because my recollection found that the court did find that much of the statute of limitation had run. You are not still certified as a class, and thus -- Ms. Solares: We haven't yet. Commissioner Sarnoff. Right. So what you have is simply one or two people suing and class certification has not even occurred. Ms. Solares: I believe you're doing this Commission a disservice at this point, sir. You go ahead Commissioner Sarnoff. Some people say me sitting up here is a disservice. Ms. Solares: No. I believe you're doing a disservice to this Commission at this time. Chair Gort: Okay. Ms. Solares: We will see that at that point in time in the future. That's all there is to it. This is on the record. It's on DVD (Digital Video Disc). Commissioner Suarez: Wait. Ms. Solares: It's going to be on the minutes. Chair Gort: At this time, we're going -- Ms. Solares: And that's all. Chair Gort: -- to be arguing back and forth all night long. Commissioner Suarez: Mr. Chairman, ifI can -- Ms. Solares: Yeah, that's true. Chair Gort: Yes -- City ofMiami Page 52 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Mr. Chairman, can I please? Chair Gort: -- Commissioner Suarez. Commissioner Suarez: We -- I very much respect you, Ms. Solares, and your positions. I know that -- andl don't know what exactly our policy is, but we get sued every day for a variety of different things and those suits are, in essence, contingent liabilities. In other words -- Chair Gort: Just look at the monthly reports. Commissioner Suarez: I'm sorry? Chair Gort: Just look at the monthly reports from the Law Department. Commissioner Suarez: Yeah. And so what is our policy and procedure for contingent liability such as this? Do we have something -- or is that something that's a responsibility of the DDA? How do we handle things like this? Veronica Xiques (Assistant City Attorney): Well, in this particular case, the DDA is the agency that collects the tax and that benefits from -- I'm sorry, that collects the millage monies and benefits from it. So in this case they were required to seek independent counsel because of the potential conflict between the City and the DDA whether to be required to pay something back. So it's really irrelevant to what the Commission is hearing right now, which is the levying of the millage that, notwithstanding a lawsuit, is still completely constitutional because it's beyond the 10 mills that are allowed by law. So if you were to, you know -- you're still going to be fine. The posture of the case is somewhat decent from what Ms. Solares has presented, but in a nutshell, the court will be hearing a motion to dismiss in the near future. And at that point, we'll have more of an idea of what the future of the potential payback is. But at this point, it's -- you're simply following the statutes -- the -- Commissioner Suarez: No. I was just going to say my question's a little bit different, which I think her concern -- she's -- to me -- I mean, there's obviously a discrepancy between what we think the court has ruled and what may be the governing law at this particular moment. But I think her main concern has to do more with the contingent liability and whether or not there 's a reserve for that contingent liability so that in the event that the court would rule in favor of the litigants, that there would be money set aside to pay that ruling. And so my question is, we get sued all the time in the City and we have contingent liabilities all over the place, so I don't know -- is there like a point at which we set aside money? Is there like a standard, maybe if there's a motion for summary judgment against us or judgment against us and at that point we set the money aside and then litigate, appeal it, whatever. There's got to be a moment at which we recognize financially that a contingent liability is -- Commissioner Sarnoff. I think your question is -- Ms. Xiques: Commissioner -- Commissioner Sarnoff. -- when and at what time do we reserve. Commissioner Suarez: Right, right. Commissioner Sarnoff. Andl can assure you -- I'm sure this is not reserved. I can assure you that the City Attorney -- I think a case has to -- well, I'm not going to speak for them. Ms. Xiques: It's $137 that are at issue. City of Miami Page 53 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Sarnoff. Right. Ms. Xiques: So no, there -- the money is not currently reserved. Commissioner Suarez: You're saying that the total exposure is $137? Commissioner Sarnoff. Correct. Ms. Solares: (UNITNET,TIGIBT,F) 8:36:28 class action lawsuit, sir. Commissioner Sarnoff. It's not yet. Ms. Xiques: The class action has not been certified. Ms. Solares: It hasn't -- Commissioner Gort: Excuse me, excuse me. Ms. Solares: It's just -- I love how these people just try to confuse things. It is a class action lawsuit. The reason why it hasn't been certified is because on a motion to dismiss the first thing that was filed -- Commissioner Suarez: Right. Ms. Solares: -- it was granted -- Commissioner Suarez: Right. Ms. Solares: -- with prejudice, was taken up to the court of appeals -- Commissioner Suarez: And it was reversed. Ms. Solares: -- came back again -- Commissioner Suarez: Right. Ms. Solares: -- and now it's in the process again of going probably on a motion for summary judgment right now, very soon. So the case is going along. Commissioner Suarez: I understand. Ms. Solares: So it hasn't been classed because of what happened. Commissioner Suarez: Okay, andl understand that. I'm perfectly -- Ms. Solares: So $137 -- Commissioner Suarez: -- understanding what you're saying. Ms. Solares: -- technically is the actual claim of the litigant, but since it's a class action lawsuit, it exposes you to everyone who has paid a dime -- Commissioner Suarez: Right. Ms. Solares: -- into that tax. City of Miami Page 54 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Right. No, I understand. Ms. Solares: That's all I'm saying. Commissioner Suarez: And -- Ms. Solares: So Mr. Sarnoff smile on it that it's only $137. You know, Mr. Sarnoff, I wish you could be correct on that. You know why? Because the rest of the citizens of the City would not have to pay a dime were you to be wrong, so I would like you to be right. Commissioner Sarnoff.. You know, Grace, I've never attacked you. I have never once tried to do anything to publicly suggest anything of any -- Ms. Solares: You just right now demeaned -- Chair Gort: Excuse me. Come on. Ms. Solares: -- me by -- Chair Gort: Grace, please. Commissioner Sarnoff.. Grace -- Ms. Solares: Yes. I'm sorry, Mr. Chairman. Chair Gort: Let's -- Ms. Solares: You're absolutely correct. I should not be acting this way. Commissioner Sarnoff.. You should just respect the office. You have no -- you don't have to respect me one iota, but you simply should respect the office and you should respect -- Ms. Solares: I have respected the office, always -- Chair Gort: Okay. Commissioner Sarnoff.. Well -- Ms. Solares: -- and you know it very well, except for the fact that right now you're trying to twist things that I don't think is a good service for the City of Miami. Thank you, Commissioner Sarnoff. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Okay, I think my questions are pretty simple. My question is, at what point under our normal rules -- we get sued all the time. At what point do we reserve money for a liability, a contingent liability, a potential liability if ever? Obviously, there's a discrepancy as to what the exposure is, you know. We're taking the position that the exposure is less than $200, okay. Ms. Solares is taking the position that at some point in the future the class will be certified and that it's a much greater -- potentially a much greater exposure. Certainly, the posture of the City of Miami Page 55 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 case is that right now since the class has not been certified the exposure is less than $200. If you have a case -- well, let me not get in -- even go that far. What's our policy? What do we normally do, just to allay the fears of the, you know, litigant? Are we following our normal procedure? Ms. Xiques: We don't have a set procedure. The City ofMiami has a nondepartmental account that it can sometimes pay settlements out of it. But since this is essentially a DDA liability -- potential liability ifMs. Solares were to be successful in certiing a class, it's really -- the DDA does not have in its budget a undeterminable amount of money to pay back an undeterminable and not really existing claim. If they're found liable for the $137, they can absolutely pay that back. If they're found liable for more, at that point -- Commissioner Suarez: So -- Ms. Xiques: -- we would have to figure out what the process would be. Commissioner Suarez: -- what it seems like you're saying to me is that it's not something that we necessarily should be all that concerned with unless -- if and unless a class is certified. Ms. Xiques: Correct. Commissioner Suarez: At that point, it becomes something that we need to financially be concerned about. Ms. Xiques: At that point, the policymakers would -- Commissioner Suarez: If that happens. Ms. Xiques: If that happens, correct. Commissioner Suarez: Right, 'cause it may not happen. Ms. Xiques: Correct. Commissioner Suarez: Okay, is that some -- do you, as the DDA, understand that? Unidentified Speaker: Yes. Commissioner Suarez: Okay. Are you prepared for that potential eventuality or have you thought that through? Ms. Robertson: We have been following this case very carefully. We have engaged outside counsel as they have represented to handle our case on this matter. Commissioner Suarez: Ms. Solares, does that satisfy you? Okay. I think we're done. Chair Gort: Let me ask a question. And my understanding, the DDA was created many, many years ago by the residents, or the voters of that area voted in favor of taxing themself [sic] to create the Downtown Development Authority. Ms. Xiques: The DDA was created in 1966 by action of the State Legislature. The State Legislature had passed a statute that authorized counties, such as Miami -Dade County, to create a Downtown Development Authority. That statute was found unconstitutional after the -- its passage. The statute was then turned into a local ordinance. That local ordinance created the DDA. In the Third DCA (District Court of Appeal) opinion, the Third DCA found the creation of City ofMiami Page 56 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 the DDA to be constitutional. It found the agency to be operating in its correct capacity pursuant to Florida law. In that same opinion, while the Third DCA did say that it was not an independent taxing district, we have always taken the position that it is an independent taxing district because in a related litigation a couple of years ago, the Department of State, which is actually the agency in charge of finance and budgeting for all the municipalities and other agencies within the state, agreed that the DDA was an independent taxing district. So we continue to bring this millage to you and the DDA was properly formed and we have that in an opinion. Commissioner Suarez: And by the way, I think it's -- Chair Gort: Thank you. Commissioner Suarez: -- also kind of important to understand that litigation takes time . Sometimes it takes years and years and years. We were here discussing the same issue last year during budget time. So, I mean, I think -- you know, Ms. Solares makes her points for the record andl think she's entitled to do that. By the way, the case -- I just have it here before me -- it's a page and a half. So it's not like a big deal for any of us to read and understand exactly what the posture of the Third DCA is so -- Commissioner Spence -Jones: And Mr. Chairman, I think that also if there's any -- I think any more clarity we need, we have up until the next Commission meeting or hearing to really hammer a lot of that out, correct? Vice Chair Carollo: Right. This is first -- Commissioner Spence -Jones: I mean, if we just -- this is the first reading. So I'm saying, you know, I think it was great for Grace to kind of put her viewpoints on there, and hopefully by now and the end of the meeting we'll have a greater understanding, and I'm sure she'll have more research data as well on it, you know, for us to then weigh it. So I think that's probably -- Commissioner Suarez: Okay, I'll move it. Commissioner Spence -Jones: -- a better way to address it. BH.6 ORDINANCE First Reading 11-00779 Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Development ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING Authority 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, 2011 AND ENDING SEPTEMBER 30, 2012, AT .478 MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; 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 SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 57 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00779 Memo-DDA FR/SR.pdf 11-00779 Pre -Legislation FR/SR.pdf 11-00779 Legislation-DDA FR/SR.pdf 11-00779 Millage Levy Calculation FR/SR.pdf 11-00779 Cerification Taxable Vaule FR/SR.pdf 11-00779 Legislation FR/SR.pdf 11-00779 Exhibit 1 FR/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Items BH.6 and BH.5 were discussed together. Commissioner Suarez: I'll move it. Vice Chair Carollo: Second, on first reading. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Chair Gort: Thank you. Roll call. Priscilla A. Thompson (City Clerk): Roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. BH.7 RESOLUTION 11-00750 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING A Development TENTATIVE BUDGET, MAKING APPROPRIATIONS FROM THE DOWNTOWN Authority DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF MIAMI, FLORIDA ("CITY"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; 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, 2011 AND ENDING SEPTEMBER 30, 2012, FOR THE OPERATIONS OF THE CITY. 11-00750 Memo - DDA.pdf 11-00750 Millage Levy Calculation.pdf 11-00750 Cerification Taxable Value.pdf 11-00750 Legislation-DDA 09-27-11.pdf 11-00750 Legislation (Version 2) 09-27-11.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 58 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0340 Chair Gort: Okay, DDA (Downtown Development Authority) budget. Commissioner Spence -Jones: BH7. Priscilla A. Thompson (City Clerk): That would be BH 7, correct? Commissioner Spence -Jones: BH7. Ms. Thompson: BH -- Chair Gort: BH.7. Ms. Thompson: -- 7. Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: I just do want to commend Alyce and the DDA team. I mean, I did get a chance to get a very brief update on what they're doing, and I see that you guys are doing some incredible things for downtown. So I think it's important to acknowledge people when they do good work. Alyce Robertson: Thank you very much. Commissioner Spence -Jones: No problem. Chair Gort: Thank you. Vice Chair Carollo: And Alyce, I just want to make sure -- we didn't get a chance to, you know, get together and so forth. Maybe some time next week we could get together and look at it, you know, a little bit closer, the budget and so forth, okay? Ms. Robertson: Sure would like to do that. Vice Chair Carollo: And get ready for the September 27 meeting. Alvin West: Good. Vice Chair Carollo: Good? Thank you. Mr. West: Look forward to it. Vice Chair Carollo: Likewise. Chair Gort: Thank you. City of Miami Page 59 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH .8 11-00737 Bayfront Park Management Trust Vice Chair Carollo: Thank you. Commissioner Spence -Jones: Thank you, Mr. West. 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 $3,813,000, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 11-00737 Memo - Bayfront Park.pdf 11-00737 Legislation.pdf 11-00737 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0341 Commissioner Spence -Jones: BH8. Chair Gort: BH.8. Commissioner Spence -Jones: Coolest man in town. Chair Gort: Bayfront Park, okey-doke. Oh, we're going to take this one apart. Timothy Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, beautiful downtown Miami, Florida. I understand that my budget will not be approved tonight, which is something that has happened in the past, so -- Commissioner Spence -Jones: It won't? Mr. Schmand: -- it's not much of a surprise. The operating budget is 2.3 million and the capital budget is 1.4. We're not asking for any City support. We're doing it all on earned income and vapors. So if you have any questions for me about the budget -- Commissioner Spence -Jones: So moved. Vice Chair Carollo: I thought all these budgets were going to pass to the next Commission meeting. Mr. Schmand: Right, I know. I'm not -- I just thought -- Vice Chair Carollo: However -- Mr. Schmand: -- this was a good opportunity to -- you know, if you have questions, we could go through it. Vice Chair Carollo: -- this is one that I could vouch for. But anyways, I -- you know, I don't City of Miami Page 60 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 mind moving all of them to September 27. Mr. Schmand: And it's always a delight to get together with you guys, so you know. Commissioner Sarnoff. And Tim, usually we see you come 11 o'clock. It's a little early. Mr. Schmand: Right, I know. It's awfully early. Commissioner Sarnoff. Can you come back? Commissioner Spence -Jones: Yeah, we're moving things. Vice Chair Carollo: Yeah, it's early. Commissioner Spence -Jones: We're moving things. Chair Gort: My understanding, Commissioner Spence -Jones, you moved to approve the budget. Commissioner Spence -Jones: Yes, sir. Chair Gort: There's been a motion. Is there a second? Vice Chair Carollo: Second. Chair Gort: Second by Vice Chairman Carollo. Any further discussion? Commissioner Spence -Jones: No. I just would like to ask Tim if he can provide me the breakdown of the number attendees for the year. I just would like to know them. Mr. Schmand: Absolutely. Commissioner Spence -Jones: Okay, 'cause that -- Chair Gort: Okay. Commissioner Spence -Jones: -- you should be able to give me some sort of analysis on that, right? Mr. Schmand: And we're going to -- we heard your discussion about the ticket surcharge. We'll certainly put together an analysis of ticket -- Chair Gort: Yes. Commissioner Spence -Jones: Thank you. Chair Gort: Very important, yes. Thank you. Commissioner Spence -Jones: Thank you, Tim, and you do a great job over there as well. Mr. Schmand: So does that mean my budget's passed? Commissioner Spence -Jones: That means -- Vice Chair Carollo: Well, we haven't voted yet, Tim. City of Miami Page 61 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Schmand: Oh, okay. Chair Gort: Yes. Okay. Vice Chair Carollo: You're jumping the gun there. You're -- Commissioner Sarnoff. Oh, there we go. Vice Chair Carollo: -- jumping the gun there. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: You got it. Mr. Schmand: Thank you very much. Have a great night. Chair Gort: Hey, you got it early, 8: 47. That's not bad at all. Commissioner Spence -Jones: Yeah, we might be out of here by 9, right? Chair Gort: Yeah. Vice Chair Carollo: Hey, let's do it. Now I'm not going to pass any other budget -- I'm not going to vote on any other budget unless the will of the Commission is too, but I prefer to have all the other -- Chair Gort: CIP (Civilian Investigative Panel). Commissioner Spence -Jones: I love the will of the Commission. That's the word for today, right. Chair Gort: That's it. Commissioner Sarnoff. Who is Will by the way? I've been looking for Will all along. BH.9 RESOLUTION 11-00780 Civilian Investigative A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Panel APPROVING THE TOTAL ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT OF $464,000, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 11-00780 Memos - CIP.pdf 11-00780 Legislation - CIP.pdf 11-00780 Legislation.pdf 11-00780 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.9 was deferred to the Second Budget Hearing scheduled for September 27, 2011. City of Miami Page 62 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Chair Gort: Yes, ma'am. Carol Abia: Carol Abia, Civilian Investigative Panel. On behalf of our chair, Mr. Thomas Cobitz, and the budget committee chair, Mr. Horacio Aguirre, we're respectfully asking that this matter be deferred to the next meeting. They're both out of town and wish to address the panel on our budget. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Moved by Commissioner Spence -Jones, second by Commissioner Suarez. Any further discussion? Being none -- Commissioner Spence -Jones: I'm going fast. I just want to make sure we address your shortfall that you mentioned, so I'm assuming that you'll work along with our office to kind of work through that issue of the office lease and all of that. Ms. Abia: That's correct. Commissioner Spence -Jones: Okay. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Ms. Abia: Thank you. Chair Gort: Thank you. BH.10 RESOLUTION 11-00781 Coconut Grove A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Business ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF Improvement District THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID"), TO (BID) Board PROVIDE FOR THE OPERATIONS AND MAINTENANCE OF THE BID, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 11-00781 Memos - BID.pdf 11-00781 Legislation.pdf 11-00781 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.10 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Chair Gort: B.10 [sic]. City of Miami Page 63 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: D.10 [sic], who's that? Chair Gort: Coconut Grove Business Improvement District. David Collins: Good evening, Commissioners. Thank you. I'm David Collins, executive director of the Coconut Grove BID or Business Improvement District. I'm here to ask for your consideration of the passage of our budget. It requires no City funds. And in fact, internally, we've cut back from last year's budget roughly $400, 000 from what we spent last year as a measure to safeguard our trust reserves. Commissioner Spence -Jones: I just have one -- Vice Chair Carollo: No. I yield to you. Commissioner Spence -Jones: This is your district, so I -- Commissioner Sarnoff. Go ahead. Commissioner Spence -Jones: Okay. I just wanted to ask 'cause I know in the overall budget, but then I heard something different that there was a request for the 200, so the request is gone? Mr. Collins: No. That was never made. Commissioner Spence -Jones: Okay. I think it's in the -- isn't it in the document or they took it out? Commissioner Sarnoff. I -- the first heard of it was somebody complain -- there hasn't been 200 in this budget since you left. Commissioner Spence -Jones: I know, but I did see it in my -- is that the same thing you was going to ask me? Vice Chair Carollo: Usually, I would know off the top of my head andl would just throw it out there. I don't know. I haven't had a chance to really look into it, so I couldn't tell you, and that's why I want to defer all of these. Commissioner Spence -Jones: It's okay. I just wanted to be clear. If it is, it is. If it's -- Mr. Collins: IfI may, Commissioner. It is definitely not in the budget. It was not asked for. There may have been some confusion because -- refer to drawing about $100, 000 from our investment income as part of the budget and another 115, 000 from our trust reserve, which is significantly reduced, but it's not the City's -- those are not City funds. Commissioner Spence -Jones: Okay, so -- You got a question? -- move but -- I'm sorry. Vice Chair Carollo: Yeah. I want to make a motion to defer it. Commissioner Spence -Jones: Okay. Second. Mr. Collins: Fine. Commissioner Spence -Jones: And what -- Marc, this is your district. Commissioner Sarnoff. If you don't want to hear it, you don't have to hear it. City of Miami Page 64 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Vice Chair Carollo: I do have a question, though. Let's say second and discussion. I want to have clarity. You say it's no monies from the City's. But at the same time, the way you obtain revenues is from a surcharge of parking. Mr. Collins: Yes, we do. Vice Chair Carollo: Normally in all other districts or citywide, does that surcharge go to the general fund or does it go to a special district? Chair Gort: General funds. Mr. Collins: Could you repeat your question slightly? Commissioner Sarnoff.. I think Art Noriega would be better suited. Art Noriega: I'm going to step in and be a little bit of a relief pitcher here so -- Art Noriega -- since I sit on the BID board andl happen to be the finance chair for the BID, I'll answer this question. The parking surcharge money is a fee in lieu of providing parking. It's a zoning fee. It has nothing to do with actual physical charge to parking. This is one of two zones where that's eligible. It's the only one that really exists in the City ofMiami. So a business or if there's a change in use in terms of a particular location -- I'll give you an -- very simple one, from retail to restaurant and there's additional parking required as per the zoning, that property owner can pay into a trust fund in lieu of physically providing the spaces as per the zoning requirement. That's how that works. Vice Chair Carollo: We need to get into that a little bit further. It's not going to be today. That's why I want to defer. Mr. Noriega: Okay. Vice Chair Carollo: But we will need to get into that a little bit further. And again, I'm seeing, you know, a special zone, the Orange Bowl. And I've already said, all the money from there, I want it to go to the general fund and so forth, but I'm trying to see how some of this is operating. And, again, I understand. You know, Commissioner, I always respect each district and so forth, but we're in needy times right now. I'm seeing where we could obtain monies for police officers, firefighters, solid waste, and everything. So I just want to get a better understanding of the BID revenue. Commissioner Sarnoff.. Yeah. It's not what you're thinking in terms of a surcharge. Vice Chair Carollo: That's why -- Commissioner Sarnoff.. Right. Vice Chair Carollo: -- I just want to get a better understanding. Mr. Noriega: I'd be happy to help with that explanation. Vice Chair Carollo: Sure. Mr. Noriega: You're welcome. Chair Gort: Let me ask a question. My understanding was that the -- as you explained before, there was not enough parking for the business in that area, and in lieu of not providing the parking, they have some charges and they created a fund so they can improve the area. City ofMiami Page 65 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH.11 11-00784 Community Redevelopment Agency (CRA) Mr. Collins: That's correct. Chair Gort: Okay. Thank you. There is a motion to defer. Is there a second? Vice Chair Carollo: It was second by Commissioner Spence -- Chair Gort: Second by -- Commissioner Spence -Jones: Second. Second by Michelle. Chair Gort: Okay. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AS APPROVED BY THEIR RESPECTIVE BOARD OF COMMISSIONERS. 11-00784 Memo - CRA.pdf 11-00784 Legislation.pdf 11-00784 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-11-0343 Chair Gort: 11. Pieter Bockweg: Good evening, Commissioners. Pieter Bockweg, executive director of the CRA (Community Redevelopment Agency). Before you is the acceptance of the budget which was approved by the CRA boards in July. Commissioner Sarnoff. Do you need a comb? Chair Gort: Okay, questions? Mr. Bockweg: Sony? Commissioner Sarnoff. Do you need a comb for that hair? Mr. Bockweg: No. Actually, no comb necessary. That's why I love it. Commissioner Sarnoff. None. That's cost savings. City of Miami Page 66 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Bockweg: That's right. Commissioner Spence -Jones: I'm assuming we'll be able to address it in the next hearing, so I'm just going to so move this, so so moved on my side. Commissioner Sarnoff. Second. Vice Chair Carollo: For -- move for -- Chair Gort: There's a motion to defer. Vice Chair Carollo: Move for deferral or for approval? You're moving it to defer. Commissioner Spence -Jones: Well, we're only accepting. Mr. Bockweg: Right. Commissioner Spence -Jones: We're not approving the budget. The budget, you guys already approved. Mr. Bockweg: That's right. Commissioner Spence -Jones: You approved the budget. Vice Chair Carollo: Well, I voted against it so -- Commissioner Spence -Jones: Oh. But you guys approved it so -- Chair Gort: Yes. Commissioner Spence -Jones: -- I'm only -- Vice Chair Carollo: You could say the CRA -- Commissioner Sarnoff. There you go. The will of that board -- Vice Chair Carollo: -- board. Commissioner Sarnoff. -- was to approve it. Commissioner Spence -Jones: Okay, I just want to make sure. So mine -- the communication to me is that we're accepting it. So I'm accepting what you guys voted on, and I'm assuming that it comes back again on September 27. No? Mr. Bockweg: If you accept it, no. I don't think it's necessary for it to come back. The board -- Vice Chair Carollo: See my -- Mr. Bockweg: Sony, Commissioner. Vice Chair Carollo: No. I'm sorry. It's my understanding that we also have to approve their budget, so it's not just accepting. We're actually approving their budget. And yes, it's from the CRA board, which we are still the same members, but it comes to the Commission and we approve it. Last year what -- City of Miami Page 67 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Bockweg: I'm sorry, Commissioner. I don't mean to interrupt, but just for clarification purposes. Technically, the City Commission only accepts the CRA budget because the board is the same members, which the budget was approved in July. The Commission itself only accepts what the CRA board has already approved. Commissioner Spence -Jones: And even if -- and l just want to be clear. We -- 'cause part of my communication with the both of you guys is that there's clearly some issues that would want to see changed and what they vote -- what the prior board voted on, you know, which you said would not be an issue. That's not a problem. Mr. Bockweg: The monies could be -- Commissioner Spence -Jones: We'd have tojust -- Mr. Bockweg: -- deallocated. Commissioner Spence -Jones: -- we would have tojust come back in front of the CRA board to make those adjustments, right? Mr. Bockweg: The adjustments per the line item can be made at any time as far as deallocating Commissioner Spence -Jones: Right. Mr. Bockweg: -- and allocating projects as the board see -- deems fit. Commissioner Spence -Jones: Right, so that's what was communicated to me, that you guys had voted on the -- you had voted on the items already, you supported it, and this is just me or us accepting it and that -- 'cause clearly I communicated to the CRA team, there are going to be some things that definitely want to make adjustments on, and that would support, you know, the acceptance only with the understanding that we would have some changes come October. Vice Chair Carollo: This is the first I've heard that we just accept, and we've had this conversation before. Going back to last year, we've had this conversation. This is the first I've heard that we just accept. Andl don't know if we just make this up as we go along or we change the rules of the game as we go along, I don't know. Hey, I'm ready to vote again on this. Commissioner Spence -Jones: But did you want -- what did -- would you rather defer it to the 20 -- 'cause we can't make -- to my understanding, because you guys voted on it, that it would have to come back in front of the CRA for you guys to make the changes on it, and then we vote on it before the 27th, which means we would have to open up the CRA meeting to be -- Vice Chair Carollo: That actually happened last year, by the way. Commissioner Spence -Jones: Yeah. Mr. Bockweg: Well -- Commissioner Spence -Jones: But I just want to be clear. Mr. Bockweg: Technically, Commissioner, last year we did defer the CRA budget and the budget opened after October 1. We had the budget meeting on October 14 -- Chair Gort: Right. City of Miami Page 68 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Bockweg: -- where we did make some changes. Chair Gort: Yes. Mr. Bockweg: But the way the resolution is written this year is identical to the way it was written last year as far as the City Commission accepting the budget which was approved in July. Vice Chair Carollo: And could we get clarity and maybe some of the attorneys here could help us because this is the first I've heard of accepting. It was my understanding that we approved the CRA budget, you know, so -- Again, we've had this conversation before. Hey, listen, I know how I'm going to be voting on it so it doesn't really matter, but I'd just like to get clarity. Do we accept it or do -- are we supposed -- you know, why -- I don't get it. Do we approve, you know Mr. Bockweg: The CRA board was -- had approved the operating and special revenue budget of the CRA in July, I think it was 28th was the final meeting we had. As part of the interlocal, the County had asked that as part of a process -- I'm using my words carefully just because of what happened last year -- but as part of that process, that the board -- that the budget for the CRA does come before the City Commission and is simply being accepted by the Commission so that ultimately we can then bring that budget to the County for final approval. Commissioner Suarez: The exact language in the reso is accepted and adopted, just for clarification. Vice Chair Carollo: Okay, so since we're getting, you know, into technicality, what's the difference between accept and approve? If we don't accept it, we disapprove of it and it gets rejected? I mean, what's the -- are we just playing with words? Chair Gort: Let's -- Vice Chair Carollo: You know, you don't want to say approve, you want to say accept, okay. If this board doesn't accept it, then it goes back to the CRA or --? I mean -- Commissioner Spence -Jones: Just for the sake of us being able to -- I'm sorry. Do you want to clear --? Chair Gort: Let's hear from the attorney. Veronica Xiques (Assistant City Attorney): Mr. Bockweg is correct. The interlocal between the City, the County, and the CRAs requires that the CRA present -- and that is the word that's used -- its budget to the City Commission. If you look up the word adopt in the dictionary, the synonyms are accept, approve. Vice Chair Carollo: Right. Ms. Xiques: It's all the same thing. Vice Chair Carollo: That's my point. Ms. Xiques: It means the same thing. The CRA board has already adopted this budget. The CRA is here only because it's required to be here under the interlocal agreement. There's no statutory requirement that it be here because the CRA, as the governing body, has already approved the budget and -- City of Miami Page 69 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: So -- Ms. Xiques: -- the statute just requires that the governing body approve it and then it be transmitted to the County. Commissioner Sarnoff. Does the County -- Commissioner Suarez: So we don't have to do this then? Commissioner Sarnoff. -- accept or approve or how do -- what's their vernacular? Ms. Xiques: The County adopts and approve -- the County approves the budget, the same thing Commissioner Sarnoff. Same language as us? Ms. Xiques: Right, same language. They just -- Chair Gort: Okay. Ms. Xiques: -- they're required to present the budget in the same manner that every other agency is required to present it. Commissioner Suarez: But following your logic and your reading of the interlocal, then if -- then all they have to do is actually present the budget. Like, they have to come before us -- Ms. Xiques: Correct. Commissioner Suarez: -- but we don't actually have to take any action? Ms. Xiques: Well, I would say that you should take some action just because there has to be some direction that this be transmitted to the County. It's just more semantics. Commissioner Suarez: That's the past practice or whatever? Ms. Xiques: Right. Commissioner Spence -Jones: I mean, for me, it's -- if we adopt it and accept it tonight, as long as I have the understanding that there can be adjustments made on it, I don't have an issue with it. Ms. Xiques: You can absolutely, as Mr. Bockweg said -- Commissioner Spence -Jones: Okay. Ms. Xiques: -- (UNINTET,TIGIBT,F) line items. Commissioner Spence -Jones: But I do want to make sure that Commissioner Carollo is comfortable with that, but clearly -- and hopefully, I'm going to have your support at the CRA meetings, meaning you'll be there. Vice Chair Carollo: See -- well, see, hey, anything is possible. We'll see. And with that said I want to make sure that we all understand, including yourself, that if it goes back to the CRA and there's changes and it gets approved, it's my understanding it comes back to the Commission. City of Miami Page 70 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Spence -Jones: Is that true? I don't think -- Ms. Xiques: Well, if you're making line item changes that don't affect the overall number, I would say it doesn't have to come back to Commission. Chair Gort: As long as it's within the budget. Vice Chair Carollo: I don't know. Commissioner Spence -Jones: Andl can tell you that -- Chair Gort: Okay. Commissioner Spence -Jones: -- definitely will have some line item changes. Chair Gort: Okay. What is the wish of the -- accept, move? Commissioner Spence -Jones: Move. Chair Gort: To accept. It's been moved to accept. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? All in favor, state it by say -- Commissioner Suarez: We already fought about this one time. We don't need to fight about it again. Chair Gort: All in favor, state it by saying aye." Commissioner Sarnoff. Aye. Commissioner Spence -Jones: Aye. Chair Gort: Aye. Commissioner Suarez: Aye. Vice Chair Carollo: No. Mr. Bockweg: Thank you, Commissioners. BH.12 RESOLUTION 11-00785 Fire Fighters and A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police Officers ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF Retirement Trust THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' ("FIPO") RETIREMENT TRUST FUND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, IN THE AMOUNT OF $0, TO PROVIDE FOR THE OPERATION OF THE CITY OF THE FIPO RETIREMENT TRUST FUND, WITH THE ACTUAL AMOUNT AMORTIZED IN ACTUARIAL NORMAL COST AS STATED IN THE ACTUARIAL REPORT DATED JUNE 16, 2011. City of Miami Page 71 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 11-00785 Memos - FIPO.pdf 11-00785 Letter -Actuarial Report.pdf 11-00785 Legislation.pdf 11-00785 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.12 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Commissioner Spence -Jones: Firefighters. Chair Gort: B.12 [sic]. Robert Nagle: Good evening. I'm Robert Nagle, the administrator of the Fire and Police Retirement Trust. There's -- Commissioner Spence -Jones: So moved. Vice Chair Carollo: For a deferral? Commissioner Spence -Jones: No. No, I'm sorry. No. Commissioner Suarez: I would respectfully on this one, Commissioner, request a deferral just because there's an increase in the budget. Commissioner Spence -Jones: Okay. Commissioner Suarez: Andl haven't had an opportunity to -- Commissioner Spence -Jones: No problem. Commissioner Suarez: -- actually -- if that's okay with you? Commissioner Spence -Jones: That's fine with me. Commissioner Suarez: Okay. I'll second your motion. Vice Chair Carollo: For deferral. Commissioner Spence -Jones: To defer. Commissioner Suarez: Right, for deferral. Chair Gort: There's a motion for deferral by Commissioner -- I mean, Vice Chairman Carollo, second by Commissioner Suarez. Commissioner Spence -Jones: Sir, would you like to put anything on the record, though, 'cause you look like you want -- you have something that you really want to say? Mr. Nagle: Well, the increase is due to contractual obligations that the board is under. Commissioner Spence -Jones: Can't really hear you. City of Miami Page 72 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Nagle: The increase is due to contractual obligations that the board has committed to in previous years. Mainly, we're implementing a new software and hardware system for the administration of the Trust -- Commissioner Spence -Jones: Okay. Mr. Nagle: -- and that's -- Commissioner Spence -Jones: That's what the increase is. Mr. Nagle: -- well, the large cost spread over the last two to three years. Commissioner Spence -Jones: Okay. But you -- they just -- okay. Commissioner Suarez: Yeah, I know. Please. If it's -- Commissioner Spence -Jones: No problem. Commissioner Suarez: -- okay with you? Commissioner Spence -Jones: No, no. That's fine. Commissioner Suarez: The Vice Chairman and I haven't -- and you know, for example, he just said that, but salaries are increasing from 465 to 485, so I, you know -- Commissioner Spence -Jones: Okay, no problem. Commissioner Suarez: I would -- thank you. Commissioner Spence -Jones: Thank you so much, sir. Chair Gort: Okey-doke. Thank you. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. BH.13 RESOLUTION 11-00772 General Employees and Sanitation Employees Retirement Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE RETIREMENT TRUST FUND") FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, IN THE AMOUNT NOT TO EXCEED $3,128,250, EXCLUDING NORMAL COST, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE RETIREMENT TRUST FUND. 11-00772 Memo - GESE Retirement Trust.pdf 11-00772 Legislation.pdf 11-00772 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 73 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 September 27, 2011. Commissioner Spence -Jones: BH.13, do you feel the same way about that, Commissioner? So they don't have to come up and go through -- Vice Chair Carollo: In all fairness, I feel the same way about the rest of the items, unless there's something specific that you want to, you know, talk about. Commissioner Spence -Jones: The parking -- you feel the same way about Parking Authority too? Vice Chair Carollo: Oh, absolutely, absolutely. Commissioner Spence -Jones: So you're asking for all those items to be deferred? Chair Gort: Yes, sir. Vice Chair Carollo: Yes. Ron Silver: Yes. Thank you -- Chair Gort: You're recognized. Mr. Silver: -- Mr. Chairman. Ron Silver, attorney for the City ofMiami General Employees and Sanitation Employees Retirement Trust. We have no problem with deferring it. I just want to reiterate that I sent out a memo I guess back in June -- Vice Chair Carollo: You did. Mr. Silver: -- to everybody. I met with everybody and provided information, and we still stand ready to answer any questions you have before the meeting so maybe we don't have to go through it at the meeting, but I'm happy to do whatever -- and Commissioner Spence -Jones, we -- I sent out the memo back in June volunteering to meet with our chairman, Ron Tompkins, and myself, meet with the Commissioners and provide them whatever information, andl think we did provide last year's budget, this year's budget, as required by Commissioner Suarez and the situation. And we met with your predecessor, but we'll be happy to meet with you and bring you up to date. Commissioner Spence -Jones: Yes, definitely would like that. Mr. Silver: Okay. Commissioner Spence -Jones: Thank you so much. Mr. Silver: Thank you. Chair Gort: Thank you. Commissioner Suarez: Sorry about that. Sorry about that, Senator. Commissioner Spence -Jones: We have a move to -- Mr. Silver: That's okay. Commissioner Suarez: Thank you. City ofMiami Page 74 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Mr. Silver: I enjoy being here. Listen, I just want you to know --I don't know ifI get extra points for this, but I watched your last Commission meeting until 2 o'clock in the morning, okay. Now I don't know if that means I get demoted or I get promoted, but I watched the whole meeting. Commissioner Suarez: Don't go there. Vice Chair Carollo: Move to defer. Commissioner Suarez: Second. Commissioner Sarnoff. You know -- Chair Gort: Motion to defer by Vice Chair -- Commissioner Spence -Jones: Second. Vice Chair Carollo: To the September 27 meeting. Chair Gort: -- second by Commissioner Spence -Jones. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. And Ron, I don't know what that says about you, that you watched the whole thing. Mr. Silver: Yeah, doesn't it -- isn't it. Commissioner Sarnoff. 'Cause it's a real indictment on your life. Mr. Silver: I think so. Well, see, when you get to be my age, you get up during the course of the evening for various reasons. Commissioner Spence -Jones: I think that probably was the highest ratings that probably the City ever -- Chair Gort: Yeah. Commissioner Spence -Jones: -- Channel 77 -- Vice Chair Carollo: Reality TV (Television). Commissioner Spence -Jones: I would really like to know what the ratings were -- Mr. Silver: Right. Commissioner Suarez: I've had -- Commissioner Spence -Jones: -- because I had people from grocery stores to elderly ladies that were 80 years old saying I stayed up 'til 2 o'clock in the morning watching it. Mr. Silver: Right. City of Miami Page 75 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH.14 11-00738 General Employees and Sanitation Employees Retirement Trust Commissioner Spence -Jones: I'm like, what? Commissioner Suarez: I had people telling me it was the best reality show on television. Vice Chair Carollo: Yeah. Chair Gort: Right. That might become one. Commissioner Spence -Jones: It's not a good thing. RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI GENERAL EMPLOYEES' & SANITATION EMPLOYEES' EXCESS BENEFIT PLAN ("GESE EXCESS BENEFIT PLAN") FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, IN THE AMOUNT NOT TO EXCEED $124,661, EXCLUDING THE ACTUARIALLY DETERMINED ANNUAL BENEFIT PAYMENT, TO PROVIDE FOR THE ADMINISTRATION OF THE GESE EXCESS BENEFIT PLAN. 11-00738 Memo - GESE Excess Benefit Plan.pdf 11-00738 Legislation.pdf 11-00738 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.14 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Ron Silver: We have no problem with the next item, Mr. Chairman, also, which applies to our excess benefits. If you want to defer that too, that's fine. No problem. Vice Chair Carollo: Yeah. Chair Gort: Thank you. Vice Chair Carollo: If possible, ifI could defer that. Motion to defer the excess benefit to the September 27 meeting. Commissioner Spence -Jones: Second. Commissioner Suarez: Thank you. Second, third. Chair Gort: I thought we did and we moved. Commissioner Suarez: Third. Vice Chair Carollo: We did for the retirement trust, but this is for the excess benefit plan. Chair Gort: Oh, excess benefit, okay. City of Miami Page 76 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 BH.15 11-00786 Miami Parking Authority Commissioner Spence -Jones: Okay. Miami Parking is next. Priscilla A. Thompson (City Clerk): No, no, no. I need -- Vice Chair Carollo: Well, we got to vote. Commissioner Suarez: Can we just do a summary deferral of the rest? Ms. Thompson: I need the vote. You just made a motion. Vice Chair Carollo: I made a motion, second by Commissioner Spence -Jones. Commissioner Suarez: I third the motion. Chair Gort: All in favor, state it "aye. The Commission (Collectively): Aye. Chair Gort: It's getting late. Yes, sir. Vice Chair Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, IN THE AMOUNT OF $14,087,649, EXCLUDING DEPRECIATION, AND OTHER NON OPERATING EXPENSES OF $7,198,479, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 11-00786 Memos - Miami Parking Authority 09-27-11.pdf 11-00786 Legislation.pdf 11-00786 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.15 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Chair Gort: Off -Street Parking. You have any good news for us? Art Noriega: Art Noriega. We're going to defer this, andl certainly don't want to deprive Commissioner Carollo with the opportunity to spend so much quality time with me in the next couple of weeks. So I'm happy to have it deferred. And because -- Vice Chair Carollo: Hey -- Mr. Noriega: -- he andl can just, you know, spend additional time bonding in the next couple of weeks. Commissioner Spence -Jones: Second. City of Miami Page 77 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Third. Chair Gort: Okay. Vice Chair Carollo: Move to defer. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Spence -Jones. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mariano Cruz: (UNINTET,TIGIBT,F) defer? Commissioner Suarez: Deferral. Chair Gort: Defer. Commissioner Suarez: Deferral, Mariano. Vice Chair Carollo: To defer. Commissioner Suarez: Deferral. Commissioner Sarnoff. You want to argue against the deferral? Mr. Cruz: No, no. Commissioner Sarnoff. Okay. Mr. Cruz: I was going to speak in favor of them -- Chair Gort: Oh. Commissioner Spence -Jones: Okay. Commissioner Sarnoff. Oh, okay, okay. Commissioner Suarez: Oh. Mr. Cruz: -- for a change. Chair Gort: Oh, my God. Commissioner Suarez: Oh, there we go. Get it on the record before he changes his mind. Mr. Cruz: Yeah, yeah. Chair Gort: Put it on the record, yes. BH.16 RESOLUTION 11-00748 Virginia Key Beach A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Park Trust ATTACHMENT(S), APPROVING THE OPERATING FUNDS FOR THE VIRGINIA KEY BEACH PARK TRUSTS FISCAL YEAR 2011-2012 BUDGET, IN City of Miami Page 78 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 THE AMOUNT OF ZERO DOLLARS FROM THE CITY OF MIAMI, AND THE BUDGET TOTAL IN THE AMOUNT OF $381,000. 11-00748 Summary Form.pdf 11-00748 Legislation.pdf 11-00748 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.16 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Commissioner Spence -Jones: Virginia -- Chair Gort: Board of trustees of Virginia Key Beach Park. Commissioner Spence -Jones: I mean, can we --? This -- Vice Chair Carollo: Mr. Forchion. Commissioner Spence -Jones: -- is their own money. Is there -- do we have to have them come back to address this? This is their money. This is their funds. It's $381, 000. Correct? Am I -- Chair Gort: Yes. Commissioner Spence -Jones: -- right on that? Gene Tinnie: Yes. Chair Gort: Yes. Guy Forchion: You're absolutely correct, Commissioner. Commissioner Spence -Jones: So no -- Priscilla A. Thompson (City Clerk): Name. Chair Gort: Your name, please. Commissioner Spence -Jones: -- surcharges or none of that. This -- Chair Gort: Name, please. Mr. Forchion: Guy Forchion, executive director, Virginia Key Beach Park Trust. Mr. Tinnie: Gene Tinnie, chairman of the board. Vice Chair Carollo: Commissioner, last year we had a couple of issues. I need to verify that they have been solved. At the very least, I know that with their audits, they were on time and we didn't have any issues with that so that's definitely a good point. But can I just go through it with them for --? Commissioner Spence -Jones: No problem. Vice Chair Carollo: Yeah. City of Miami Page 79 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: Second. Vice Chair Carollo: Motion to defer. Commissioner Suarez: Second. Commissioner Spence -Jones: Is there anything that you'd like to put on the record? Mr. Tinnier Welcome back, Commissioner. Commissioner Spence -Jones: Thankyou. Commissioner Suarez: There we go. Sorry for making you wait so long to say that. Mr. Forchion: Welcome back, and we look forward to meeting with all of you and answering any questions -- Commissioner Suarez: Thank you. Vice Chair Carollo: Thank you. Mr. Forchion: -- you may have. Commissioner Spence -Jones: Thankyou. Commissioner Suarez: Thank you. Chair Gort: Thank you. Vice Chair Carollo: Next week, Mr. Forhcion, if possible. Commissioner Suarez: By the way, I just want to thank everyone who waited so long. Vice Chair Carollo: Yeah. Commissioner Spence -Jones: Yeah. Commissioner Suarez: It's not their fault. It was the things -- the circumstances that we were put under that necessitated this, so thank you. Sorry about that. Vice Chair Carollo: AndMSEA (Miami Sports and Exhibition Authority). Commissioner Suarez: But yeah, we got to vote on the deferral. Vice Chair Carollo: Motion to deferMSEA. Commissioner Sarnoff. Second. Chair Gort: It's been moved and been second. Commissioner Suarez: We got to vote -- Ms. Thompson: No, no. City of Miami Page 80 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 Commissioner Suarez: -- on the prior deferral. Vice Chair Carollo: Motion to defer Virginia Key Beach Park Trust. Commissioner Suarez: Yes, got to vote on it. Ms. Thompson: You did that already. I just need the vote, just the vote. Commissioner Suarez: Yes. The Commission (Collectively): Aye. Ms. Thompson: Thank you. BH.17 RESOLUTION 11-00783 Miami Sports & A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Exhibition Authority ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"), ATTACHED AND INCORPORATED, IN THE AMOUNT OF $107,000, TO PROVIDE FOR THE OPERATIONS AND MAINTENANCE OF MSEA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012. 11-00783 Memo - MESA.pdf 11-00783 Legislation.pdf 11-00783 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item BH.17 was deferred to the Second Budget Hearing scheduled for September 27, 2011. Vice Chair Carollo: And motion to defer -- Commissioner Sarnoff. Second. Vice Chair Carollo: -- MSEA (Miami Sports and Exhibition Authority). Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Chair Gort: Sec -- okay. Commissioner Spence -Jones: Third. Commissioner Suarez: The new executive director over there. Chair Gort: It's been moved by -- Commissioner Suarez: There you go. Chair Gort: -- Vice Chairman Carollo -- City of Miami Page 81 Printed on 10/7/2011 City Commission Meeting Minutes September 15, 2011 ADJOURNMENT Commissioner Suarez: Fourth. Chair Gort: -- second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. A motion was made by Vice Chair Carollo, seconded by Commissioner Spence -Jones, and was passed unanimously, to adjourn the First Budget Hearing. City of Miami Page 82 Printed on 10/7/2011