HomeMy WebLinkAboutM-98-0320CITY OF MIAMI, FLORIDA 13
INTER -OFFICE MEMORANDUM
Honorable Mayor and March-10, 1998
To : Members of the City Commission DATE : FILE
Jose Garcia -Pedrosa
FROM
City Manager
RECOMMENDATION
SUBJECT: FY 98 Legislative
Priorities
REFERENCES: March 24, 1998
City Commission Meeting
ENCLOSURES:
It is respectfully recommended the City Commission adopt the attached resolution setting
forth the Federal and State Legislative priorities for FY 98.
BACKGROUND
As directed at the February 10, 1998, City Commission meeting, the City Commission
directed the administration to work with the Mayor and City Commission to develop a
list of top Federal and State Legislative priorities. The following list is submitted for
your review and approval.
Federal: -
1. Community Development Block Grants
2. Empowerment Zone
3. Brownsfield - EPA
4. Economic Development Administration funding for public works and infrastructure
projects.
State:
1. SEOPW - Special Tax Increment District
2. Miami River Commission Initiatives
3. Telecommunications
4. Crime and Drug Prevention
5. Park Improvement Projects
6. Welfare Implementation
7. Community Residential Homes
8. Homeowners Relief Act
9. School Board
JGP:CMC:nr
98- 320
J-98-33
3/17/98
RESOLUTION NO.
XLEGIS
UTION EXPRESSING PRIORITIES A NG ITS
S FOR THE UPCOMING FEDERAL ND STATE
IVE SESSIONS.
BE IT RESOLVED B \Cit
Section 1. Specia
following priorities among t
1. Community De
2. Empowerment
3. Brownsfield I
AMISSION OF IE CITY OF MIAMI, FLORIDA:
ration by t U.S. Congress is hereby urged for the
concern for the upcoming Congressional session:
1"ent Block Grants
A
4. Economi evelopment Ad nistration funding for public works
and infr structure projects
Section 2. Spe I consideration by the Legi ature of Florida is hereby urged for
the following priorities mong the City's concerns for the coming Legislative session:
1. SEOPW - Special Tax Increment District
2. Miami River Commission Initiatives '11Ll
Telecommunications
4. Crime and Drug Prevention
5. Park Improvement Projects
6. Welfare Implementation
P
ATTEST:
7. Community Residential Homes
8. Homeowners Relief Act
9. School Board
tion 3. This Resolution shall become effective
ti
>9eD AND ADOPTED this day of
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APOROVED BY:
LINDA K. KEYSON l
ASSISTANT ITY ATTORNEY
J
AS TO FORM AND CORRECTNESS:
ARD L
INTERIM CITY ATTORNEY
W2398:CSK:LKK
-r
Lately upon its adoption.
1998.
JOE CAROLLO, MAYOR
98 -- 320
1998 FEDERAL LEGISLATIVE PRIORITIES
• Community Development Block Grant:
SUPPORT an increase in the Public Services limit for CDBG program
activities, from 15% to 25%.
SUPPORT increased program funding and oppose imposing sanctions on
local governments' Community Development Block Grants (CDBG)
funds when a public housing agency within its jurisdiction falls below
specified US HUD standards.
• Empowerment Zone Designation: SECURE designation and support full funding
of the empowerment zone program.
• Brownsfield EPA: SUPPORT efforts to obtain environmental clean-up funds to
clean-up abandoned private and publicly owned properties in economically
disadvantaged areas.
• Economic Development Administration: SUPPORT efforts to obtain funding for
Public Works and infrastructure improvement projects.
OTHER FEDERAL LEGISLATIVE PRIORITIES:
• The Davis -Bacon Act: This act imposes federal wages on all federal funded city
projects that cost more than $2,000. SUPPORT increasing said minimum in order to
reduce paperwork and unnecessary bureaucracy.
• Free Trade Area of the Americas Permanent Secretariat: SUPPORT efforts to
locate Permanent Secretariat in Miami -Dade County.
• Revenue Streams: PROTECT all existing streams of revenue to the City of Miami
and enhance federal revenue where possible.
• Telecommunications: PROTECT local government interests in zoning, rights -of -
way, cable television franchises and telecommunications regulation as the Federal
Communications Commission (FCC) develops regulations implementing the
Telecommunications Act of 1996 and as Congress takes up technical corrections to
the Act.
98- 320
• HOME Investment Partnerships Program: OPPOSE Housing and Urban
Development proposal to create a competitively awarded HOME bonus funding pool
which could become a set -aside within the core HOME program, thereby reducing
grants to local governments.
• Job and Employment Training program consolidation: SUPPORT the
development of an adequately funded, comprehensive and consolidated job training
system that ensures local flexibility and control. Monitor modifications to
distribution formulas for Job Training Partnership Act (JTPA) and research the
benefits that would accrue to the City by being designated a Service Delivery Area
(SDA) as defined in the Job Training Partnership Act (JTPA) P.L. 97-300.
• Refugee and Entrant Assistance: PROTECT $19 million set -aside for counties
experiencing increases in Haitian and Cuban arrivals which traditionally has funded
programs at Jackson Memorial Hospital and Dade County Public Schools.
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1998 STATE LEGISLATIVE PRIORITIES
SEOPW - Special Tax Increment District: SUPPORT legislation that adopts the
Southeast Overtown/Park West Redevelopment District ("District") as a pilot project
for the purpose of funding redevelopment activities with incremental sales tax
revenue collected within the district.
• Miami River Initiatives: MONITOR legislation that includes the recommendations
of the Miami River Study Commission. SUPPORT efforts that maintain the maritime
industry, and promote increased economic development, public safety, environmental
protection, and code enforcement on the Miami River.
• Telecommunications: SUPPORT the continued authority of counties and
municipalities to manage and determine compensation for the use of public rights -of -
way. SUPPORT the continued authority of counties and municipalities to impose and
utilize cable an telecommunication franchise fees and tax revenues at their discretion.
Additionally, we must continue to OPPOSE HB 3291, as amended, and any other
legislation that restricts or weakens the local governments authority to manage their
rights -of -way.
• Crime and Drug Prevention:
• SUPPORT passage of the Comprehensive Court Enforcement Program Act
which is designed to satisfy the need for enforcement of court orders through
aggressive follow-up, establishment of reasonable compliance parameters, and
collection of offenders debts, thereby saving tax payers money as well as
increasing respect for the law.
• SUPPORT the continued funding of the Florida Violent Crime Council, as it
works in partnership with state, county and municipal criminal justice agencies,
to reduce the incidence an severity of violent crime.
• SUPPORT a fair share funding formula for Juvenile Assessment Centers (JAC)
to provide all JAC's an equal amount of initial funding as -well as providing
additional funding based on the population of at -risk juveniles in the district and
the number of cases assigned to the JAC.
• SUPPORT legislation requiring pawn brokers governed by Chapter 539, and
second hand dealers, governed by Chapter 538, to have the computer ability to
electronically transfer pawn transactions to law enforcement agencies.
• SUPPORT legislation to increase the severity of the crime and criminal
penalties for juvenile offenders who possess a firearm or use a firearm in the
commission of a crime.
• SUPPORT the development of a pilot project in Miami -Dade County which
would study and analyze costs, trends and problems associated with firearm
related injuries and fatalities.
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• SUPPORT funding for the continued expansion of the Dade County State
Attorney's Office Truancy Intervention Program (TIP).
• SUPPORT legislation to limit handgun purchases to one per month per
individual.
• SUPPORT legislation requiring gun dealers to provide a child safety lock with
each new handgun sold.
• Park Improvement Projects: Pursue funding for park improvements that are
needed. Many of these park projects have not been awarded grant funds from other
sources because of ineligibility or insufficient funds due to the large number of
competing from other locations. ($7,600,000 for site improvements of 35 park sites
including daycare, recreation & handicap facilities). Pursue funding for ADA access
improvements to 61 parks. ($2,536,000)
• Welfare Reform Implementation: SUPPORT legislation that increases funding for
the working poor, and that enhances the welfare Management and Information system
(MIS) to track welfare recipients through the workforce. SUPPORT legislation that
extends child care accessibility beyond two years that extends Medicaid benefits
beyond one year. SUPPORT the creation of a transportation program that enhances
job development for WAGES participants.
• Community Residential Homes (FS 419.001): AMEND the state laws pertaining to
Community Based Residential Facilities (CBRF's) to allow local governments more
flexibility to impose local zoning regulations within residential districts.
• Homeowners Relief Act: SUPPORT the Florida Insurance Commissioner's
proposed Homeowners' Relief Act that would ultimately reduce insurance premiums
by, among other provisions, putting rate request increases under the sole jurisdiction
of the Insurance Commissioner. This amendment would repeal current provisions in
the law that empower an appointed arbitration panel that, can overrule the peoples
elected Insurance Commissioner on rate requests.
• School Board: OPPOSE School Board's legislative initiative to authorize school
districts to levy a local option surtax on transfers and leases of residential properties.
OTHER STATE LEGISLATIVE PRIORITIES:
• Local Option Gas Taxes: SUPPORT eliminating the State General Revenue Service
Charge (7.3 percent) on local option gas taxes.
• Enterprise Zones: SUPPORT legislation to amend the State Enterprise Zone
Program to allow local governments to modify the boundaries for designated zones to
08- 320
reflect socio-demographic changes in the City. These changes necessitate a revision
of the current zones to more fully address the areas most in need of commercial
development.
• Municipal Fire and Police Pension Plans (HB 3075): While this bill does not
affect the City of Miami directly, it could be very costly to other municipalities who
have a Chapter 175 or 185 "local" plan. We should SUPPORT the amendments that
are being proposed by the Florida Public Employer Labor Relations Association at
the committee meeting in February.
• HB 123 - Wasserman -Schultz - EMT/Paramedic/Special Risk: OPPOSE this bill
which adds EMT's and paramedics who are not certified firefighters to the Special
Risk Class of the Florida Retirement System. This bill passed the House last year,
but was not heard in the Senate - on House Consent Calendar.
• CS/HB 149 - Fasano - Correctional Probation Officers/FRS/Special Risk:
OPPOSE this bill which adds correctional probation officers to Special Risk Class of
FRS - no impact on local governments, but bad precedent. In House General
Government Appropriations Committee.
• HB 733 - Hill - Collective Bargaining/Binding Arbitration - OPPOSE - This bill
was introduced, but not referred to committee.
• State of Florida General Records Schedule: SUPPORT a revision to the General
Records Schedule as it relates to personnel records. The City of Miami, which is not
a member of the Florida Retirement System, is required to retain personnel records
for fifty years after termination of employment. Members of the Florida Retirement
System are required to retain personnel records for twenty-five years after termination
of employment. The retention period for both should be the same and reduced
further, if possible. The General Records Schedule is in accordance with the statutory
provisions of Chapters 119 and 257, Florida Statutes.
• Worker's Compensation (FS 440): Monitor and track existing legislation and any
proposed amendments as to their effect on local governments.
• Public Records Law: AMEND the Public Records Act to specifically exempt
financial statements and disclosures submitted by potential developers in response to
City RFP's from the Public Records Law. Also, the exemption of the home
addresses and telephone numbers of all government disclosure. Presently, only
certain employees are exempt, pursuant to Chapter 119, Florida Statutes.
• Exemption (FS 196):
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• Amend FS 196.199(4) to clarify responsibility for payment of ad valorem taxes
in municipal leases when the lease is silent. The City currently has a lease with
Grove Key marina, Inc., the Miami Rowing Club and a submerged land lease
with the Coral Reef Yacht Club all of which are silent as to which party, the
landlord or tenant, is responsible for payment of ad valorem taxes. The Law
Department has opined that the City cannot default the tenant for non-payment
and at the same time the City is not obligated to pay. While the County cannot
lien a county property for non-payment of taxes, the amounts will continue to
accrue and remain an obligation. This could hinder any future sale or lease of
the property.
• Investigate if County and Port Authority land can be subject to ad valorem
taxation when leased to a non -governmental entity. Counties are "immune"
from taxation pursuant to the Florida Constitution, but it is unclear whether
their tenants should be afforded the same treatment.
Parks Programs:
• "Miami Love" Youth At -Risk Project: Pursue continued funding for the "Miami
Love" Youth At -Risk which is an innovative project that brings the public and private
sector (Community Wide Coalitions) together promoting partnership and targeting
450 Youth at Risk (ages 7 to 17) in the City of Miami Parks. City parks serve as
magnets which incorporate schools, community organizations, business, churches,
education, youth services providers, and juvenile justice professionals which provide
intervention programs for Youth At -Risk. The program provides for supervision,
problem solving through conflict resolution, peer mentoring and empowerment to
maximize youth potential. ($313,900)
• Persons With Disabilities Programs: Pursue continued funding for this program
which provides community based recreation and independent living skills support and
services to over 295 children and adults with multiple disabilities on a year round
basis. Transportation is provided to residents throughout Dade County. Equal leisure
access is the primary goal to achieve an enhanced quality of life for all of Miami's
persons with disabilities. ($82,278) -
• After School Academic Enrichment Program: Pursue continued funding for this
unique homework assistance program offered in four of our park facilities in
partnership with the Dade County Public School System. The program provides free
of charge homework assistance and recreational activities to needy 2nd and -1 grade
students attending elementary school. ($86,120)
• Daycare Program: Seek funding assistance to continue operating six child care
centers, all located within city parks, which have been operated by the Department of
Parks and Recreation - Day Care Division since 1973. We are licensed by the State
of Florida's Department of Children Youth and Families to provide service to two
hundred twenty-five preschool aged children, and infants, on a year round basis. The
98- 320
focus of the program is to provide social, emotional and developmental opportunities
for program participants, whose parent are employed full-time, or who are full-time
students. There is a fee foe the service, which is based upon the income of the
enrollee's parent(s). ($60,000)
• Funding Sought For:
• Human Resources: Enhancement of departmental records management through
technology, such as document imaging.
• Planning and Development Funding for:
• Historic preservation projects including the Tower Theater Rehabilitation,
Verrick Gym (US Coast Guard Naval Air Station) Rehabilitation and City Hall
Restoration.
• The creation of an interpretative center at the Tower Theater focusing on the
Latin immigrant community's contributions to greater Miami.
• Miami Riverwalk extension, infrastructure and environmental improvements.
• Environmental closure of Virginia Key Landfill in the amount of $400,000.
• Asset Management Funding Interests:
• Environmental cleanup funds for City -owned properties.
• Demolition funds for City -owned properties.
• Asset Management funds for records management of City -owned properties.
• ADA funds for bringing City -owned properties into compliance.
• Funds for preservation of City -owned natural lands.
• Historic preservation funds for Dorsey Library in Overtown.
• Investigate CARL Program funds for appropriate park properties.
• Domestic Violence Unit: SUPPORT continued funding of Domestic Violence
Intervention Program. ($200,000 in third year funding). SUPPORT continued
funding for Victim Advocate Program. ($80,000 in third year funding).
• Technology/Computer Enhancement Funding: Pursue funding to interface
the multiple sources of information affecting our ability to manage the large
number of cases. ($50,000)
• Gang Detail - Bryne Grant Funds: Provides funds to local government to
provide safer communities and higher quality of justice. Funds are to be used to
improve the functioning of the criminal justice system, focusing on violent and
serious offenders and drug control activities/programs. The grant has 26 eligible
program areas, ranging from treatment to a variety of drug control, and serious
crime projects in law enforcement or supporting agencies. Only local
government agencies can apply. Grant requires a 25% local match requirement.
Funds must support drug control/criminal justice efforts.
98- 320
TO
FROM
Jose Garcia -Pedrosa
City Manager
Humberto Hernandez
Chairman it
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT
REFERENCES:
ENCLOSURES
February 27, 1998 FILE
Legislative Priorities
As per your request for inclusion in the March 10th, 1998- City Commission
Agenda, attached are both the State and Federal level legislative priorities.
State
1. Miami River Initiatives
2. Crime and Drug Prevention
3. Local Option Gas Taxes
4. Enterprise Zones
5. Park Improvement Projects
Federal
1. Community Development Block Grant
2. HOME Investment Partnership Program
3. Community Development Block Grant Program
4. Revenue Streams
5. Empowerment Zone Disignation
0$-- 320
NIAR, -';4' 98 JUEI 18:16
P. 002
Aw 01lices
HMLAND & KNIGHT LLP
701 Brickell Avenue, Suito 3000
i'.0.Box 015441(ZIP 33101-5441)
Miami, Florida 33131
305-374-8500
FAX 305-789-T199
httP:1/Www.hklaW.com
March 24, 1998
VIA FAX and HANQ=DLLIVERY
Jose Garcia -Pedrosa, City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Manager:
Allanta
Orlando
Boca flacon
San Francisco
Fort Lauderdale
Si- Petersburg
Jacksonville
Ta,lahassee
Lakeland
Tampa
New York
Washington.D,C.
Northern Virginia
West Palm Baac11
lQBKi CANTON
05.789.7783
It has come to my attention that the City of Miami is facing
difficulties in this 1998 Legislative Session. As you may know,
Holland and Knight has enjoyed a very fine and mutually rewarding
attorney -client relationship while serving as the City's special
legislative counsel in Tallahassee. we were proud to be selected,
through the competitive bid process, at various times from 1988 to
1997. The term of our last approved contract was to be through
1999, but the City Commission on December 9, 1997 resolved to
terminate our contract. We respectfully waived the required 30 day
notice of termination rather than hold up the City in its
preparation for the 1995 legislative session, but to date we have
not received any notice of termination.
You may also be aware that, in the past two years, in light of
the City's financial difficulties, we volunteered (and the City
accepted) to reduce our annual fee from $100,000.00 (one -Hundred
Thousand Dollars) to $75,Ooo.000 (Seventy -Five Thousand Dollars)
and our expenses from $20,000.00 (Twenty Thousand Dollars) to
$1.0,000.00 (Ten Thousand Dollars). We were happy and proud to
cooperate with the City as it weathered tough times and believed
that lowering our fees was the very least we could do for a client
who had been, and is, cherished by Holland and Knight. It has
always been our intention to be a part of the solution, albeit a
small one.
It is in this spirit that I write you today. I have confirmed
that the Contracts Review Committee of the State oversight Board
has not approved the contract between the City of Miami and the law
firm which former mayor Xavier Suarez selected to replace Holland
and Knight and which the commission approved on December 9, 1997.
I am also aware that the City does not have a written contract with
said law firm. At. the present time, the legislative session is
98 - 320
P.005
MAR. 4'•98 1) 18:1
Zose Garcia -Pedrosa, city Manager
March 24, 1998
Page 2
well on its way and the City of Miami requires immediate assistance
in order to make every effort to obtain crucially needed funds and
monitor significant substantive legislation which will affect the
City and its constituents. Due to these exigent circumstances and
after conferring with chesterfield Smith, I commit to the City of
Miami on behalf of Holland and Knight, to continue to serve as
special legislative counsel on a pro-bono basis through the close
of the session and the veto -process. This, of course, is on the
condition that a vacancy for legislative counsel exists or that our
present contract with the City is determined to be in force.
Either way, we stand ready to assist you. However, please be
advised that if the City determines that it has a continuing
contractual relationship with the law firm proffered to the
commission by former mayor Xavier Suarez in December 1997, we do
not wish to interfere with that relationship.
Should you wish to reach me, please call me at 789-7783. With
warm regards, I am,
Sincerely,
HOLL.AND & KNIGHT LLP
MC:: mr
cc: Mayor Joe Carollo
Vice -Chairman J.L. Plummer
Commissioner Willy Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur Teele
Acting City Attorney Joel Maxwell
Joe Pena, Governor Chiles' South Florida Office
Members of the State oversight Board
Bobby Brochin, Legal Counsel, State oversight Board
Gale Sittig, Executive Director, State Oversight Board
The Honorable Alberto Gutman, Chair, Dade County Legislative
Delegation
The Honorable Luis Morse, Speaker pro-Tem, Florida House of
Representatives
Chesterfield Smith, Esq., Holland & Knight LLP
Bill McBride, Esq., Holland & Knight LLP
Martha Barnett, Esq., Holland & Knight LLP
48- 320
MIa,4-602767