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Home My WebLink AboutCC 1997-12-30 City Clerk's ReportCITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 PAGE NO. 1 N/A A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND R 97-923 SINCEREST CONDOLENCES OF THE CITY COMMISSION MOVED: PLUMMER ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO SECONDED: REGALADO THE FAMILY AND FRIENDS OF THOMAS T. ANDERSON ABSENT: GORT, UPON HIS DEATH. TEELE AG 1 Note for the Record: During the presentation in connection with the background on the Fire assessment fee, Robert Sheets, a consultant to the City (Government Services Group) indicated that two decisions are before the Commission on this date, namely notice of intent (notice to the County Tax Appraiser to utilize said program) and approval of procedural ordinance that sets the program in place for FY '97-'98; furthermore, Mark Lawson, also a consultant to the City (Nalsors, 011511rl) tnforTod th• city DdTTlwelom of Ime M900 to discuss policy issues regarding the implementation of the program. AG 1 Direction to the Administration: by Vice Chairman Teele to have consultants consider churches, synagogues, places of worship, [tax-exempt services, not for profits (such as small private parochial schools and fraternal organizations), and health care organizations such as Jackson Memorial Hospital] within the class of entities for exemption from payment of the fire assessment fee with the full understanding that the City will seek voluntary payments in lieu of taxes. AG 1 A RESOLUTION, WITH ATTACHMENT, ELECTING TO USE R 97-924 THE UNIFORM METHOD OF COLLECTING NON -AD MOVED: TEELE VALOREM SPECIAL ASSESSMENTS LEVIED IN THE SECONDED: REGALADO INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA, NOES: PLUMMER TO PROVIDE FIRE RESCUE SERVICES AND FACILITIES; STATING A NEED FOR SUCH A LEVY; DIRECTING THE TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 PAGE NO. 2 AG 1 AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE FIRST READING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ORDINANCE ENTITLED "FIRE -RESCUE ASSESSMENT," RELATING TO MOVED: TEELE THE PROVISION OF FIRE -RESCUE SERVICES, SECONDED: GORT FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, UNANIMOUS FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE -RESCUE ASSESSMENTS AGAINST PROPERTY THROUGHOUT THE CITY OF MIAMI; PROVIDING CERTAIN DEFINITIONS AND DEFINING THE TERM "FIRE -RESCUE ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR IMPOSING FIRE -RESCUE ASSESSMENTS; PROVIDING THAT FIRE -RESCUE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE- RESCUE ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON RNMP50TION $MALL ATTAGM TO TM9 PIROPPATY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; MORE PARTICULARLY BY ADDING NEW SECTIONS 19.5-1 THROUGH 19.5-23 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. AG 1 Note for the Record: Consultant Mark Lawson of Nabors, Giblin, suggested to the administration that the language referring to the hearing officer in the above cited First Reading Ordinance should be made more effective, by only requiring the hearing officer in instances where large errors in assessment fees would occur, subsequently resulting in a significant increase in revenue. Said instances would allow the administration to correct factual errors or make assessment reductions. He also suggested making the effective date of said ordinance immediately upon adoption of same. Vice Chairman Teele also indicated that there should be the inclusion of language in said ordinance which allows people the opportunity to be heard on any item that they want to discuss. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 AG 1 Note for the Record: Consultant Lawson also indicated certain procedural steps needed following passage of the above cited First Reading Ordinance which includes: obtaining additional input from the City Commission; fine tuning policy decisions in connection with the fire assessment fee and preparation of a draft document to be prepared for Commission review. AG 2 Direction to the Administration: by Vice Chairman Teele to make a corrected copy of the modified version of the Marquez Table of Organization which would include the City Commission in same, before the Commission Meeting resumes for the afternoon session. Commissioners Gort and Regalado indicated that the integration of the Department of Building and Zoning with the Planning Department should be discussed when said issue is brought back in the afternoon. N/A Direction to the Administration: by Commissioner Plummer to send a police officer to Coral Way and 29th Avenue, and South Dixie Highway and 22 Avenue in connection with the usage, safety, legality and sale of fireworks at said location. N/A Direction to the City Attorney: by Vice Chairman Teele to draft a resolution saying that the City Commission has authorized people to serve on the Blue Ribbon Task Force and not be precluded from engaging in the procurement of City's goods and services; however, it was not the Commission's intent to adopt said legislation to apply to every instance including the aforementioned issue; further stipulating the Commission's desire to reserve the right to review each of these recommendations appearing in the appendices section "G" of the Revised Five Year Financial Recovery Plan (dated December 30, 1997) on a case by case basis, to ensure that persons making same did not have a conflict of interest and whether said recommendations should in fact be adopted. AG 2 Note for the Record: Tom Gabriel, President, International Association of Firefighters, Local 587, requested assurances from the administration that all of the recommendations proffered by the Blue Ribbon Committee were not accepted carte blanche into the revised Financial Recovery Plan. Interim City Manager Frank Rollason further indicated that he would include a statement in the appendices reflecting same. AG 2 Direction to the City Attorney: by Vice Chairman Teele to work with the Oversight Board and come back with a clear policy in connection with purchases up to $4,500. PAGE NO. 3 CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 PAGE NO. 4 AG 2 A MOTION STATING THAT THE RECOMMENDATIONS M 97-925 CONTAINED IN THE APPENDICES SECTION OF THE FIVE MOVED: TEELE YEAR FINANCIAL RECOVERY REPORT (GREEN BOOK) SECONDED: REGALADO DATED DECEMBER 30, 1997, AS SUBMITTED BY THE UNANIMOUS BLUE RIBBON TASK FORCE HAVE NOT BEEN APPROVED BY THE COMMISSION; FURTHER STIPULATING THAT THE COMMISSION RESERVES THE RIGHT TO REVIEW SAID RECOMMENDATIONS ON A CASE BY CASE BASIS. AG 2 A MOTION ACCEPTING THE TABLE OF ORGANIZATION M 97-926 REFERRED TO AS THE MODIFIED MARQUEZ TABLE OF MOVED: PLUMMER ORGANIZATION AS CONTAINED ON PAGE 85 OF THE SECONDED: REGALADO REVISED FINANCIAL RECOVERY PLAN (GREEN BOOK) UNANIMOUS DATED DECEMBER 1997; FURTHER DIRECTING THE INTERIM MANAGER TO FORWARD SAME TO THE FINANCIAL OVERSIGHT BOARD. AG 2 A MOTION RECOMMENDING TO THE INTERIM CITY M 97-927 MANAGER THAT HE SHOULD CONSIDER ADDING A MOVED: PLUMMER SPECIAL ASSISTANT TO THE CITY MANAGER SECONDED: REGALADO CLASSIFICATION TO THE TABLE OF ORGANIZATION UNANIMOUS SUBJECT TO PRIOR COMMISSION APPROVAL. AG 2 A MOTION RECOMMENDING TO THE INTERIM CITY M 97-928 MANAGER THAT BOX DESIGNATING WAGES MOVED: TEELE PERSONNEL CLASSIFICATION BE MOVED TO A SECONDED: PLUMMER LOCATION WITHIN THE TABLE OF ORGANIZATION UNANIMOUS CHART UNDER THE ASSISTANT DIRECTOR OF FINANCE. AG 2 Direction to the Administration: by Vice Chairman Teele that International Trade Board Office take its place under the revised Table of Organization with the Community Redevelopment Agency, Department of Off Street Parking Authority, Bayfront Park Management Trust and the Downtown Development Authority and the other quasi -autonomous bodies; further stating that the Fire Chief, Police Chief report to the Interim City Manager as indicated on page 85 of said revised table of organization chart. AG 2 A MOTION DIRECTING THE CITY ATTORNEY TO M 97-929 PREPARE APPROPRIATE LEGISLATION TO REQUIRE A MOVED: PLUMMER UNANIMOUS CONSENT FROM THE CITY COMMISSION SECONDED: TEELE FOR ANY MONIES TO BE EXPENDED FROM THE ABSENT: REGALADO STRATEGIC RESERVE FUND. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 AG 2 A RESOLUTION DIRECTING THE CITY MANAGER TO ALLOCATE TO THE DEPARTMENT OF FIRE -RESCUE THE FIRST $2 MILLION OF EXCESS MONIES RECEIVED AS A RESULT OF THE COLLECTION OF THE "FIRE -RESCUE ASSESSMENT," SAID FUNDS TO BE USED EXCLUSIVELY FOR CAPITAL EXPENDITURES WITHIN SAID DEPARTMENT ON A PER ANNUM BASIS FOR A PERIOD OF FIVE YEA,S. N/A Direction to the Interim City Manager by Commissioner Teele to instruct the External Auditor to search for an executive benefits plan, based on the current City's salary cap and other privileges; also consider establishment of a tier benefit policy for executive employment based on City residency, in a manner that would address the City's tax base and those who live outside the City. [NOTE: This direction was later formalized as R 97-934]. AG 6 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR XAVIER SUAREZ' APPOINTMENT OF JOSE GARCIA-PEDROSA AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE JANUARY 5, 1998; FURTHER FIXING AND ESTABLISHING AN ANNUAL SALARY IN THE AMOUNT OF NINETY-SIX THOUSAND DOLLARS ($96,000.00), FOR SAID CITY MANAGER. N/A Direction to the Interim City Manager: by Commissioner Plummer in connection with strict enforcement of parking laws in front of City Hall to avoid double parking. Direction to the Administration: by Commissioner Plummer stating any tax-exempt organization receiving City land has to pay the equivalent of the ad valorem tax value (of the land) to the City. N/A Note for the Record: Commissioner Plummer requested of Interim City Manager appointee Garcia Pedrosa that he would give assurances that if he sold or leased his Miami Beach house, he would move to the City of Miami. AG.2 A MOTION ACCEPTING APPENDIX "G" (INITIATIVES CONSIDERED FOR FUTURE DEVELOPMENT IN THE NEXT FIVE YEARS) PROPOSED BY THE MAYOR; ONLY FOR PURPOSES OF LISTING AND ENUMERATING SAME, AND THAT EACH ITEM IN SUCH LIST SHALL REQUIRE SEPARATE REVIEW AND APPROVAL BY THE CITY COMMISSION. PAGE NO. 5 R 97-930 MOVED: PLUMMER SECONDED: TEELE UNANIMOUS R 97-931 MOVED: SECONDED: UNANIMOUS TEELE PLUMMER M 97-932 MOVED: TEELE SECONDED: GORT UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 Direction to the Interim City Manager: by Vice Chairman Teele to include the use of CDBG funds where eligible to facilitate such projects as the Mayor's citywide cleanup and beautification program. AG 2 A MOTION AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO ADJUST THE FIVE YEAR PLAN TO REFLECT THE LANGUAGE CONTAINED IN THE SERIES OF ITEMS READ AND PROPOSED BY VICE CHAIRMAN TEELE IN HIS "DEAR COLLEAGUES LETTER" DATED DECEMBER 28, 1997 AS FOLLOWS: • [NO. 1-1, AS MORE FULLY DISCUSSED ON PAGE 2, IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: MAYOR'S CLEANUP AND BEAUTIFICATION PROGRAM; • [NO. 1-2, AS MORE FULLY DISCUSSED ON PAGE 3, IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: CDBG GRANT COMPLIANCE REVIEW; • [NO. 1-3, AS MORE FULLY DISCUSSED ON PAGE 3, IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: EXTENSIVE TRAINING, CERTIFICATION, BASIC AND CONTINUING EDUCATION CITYWIDE EMPLOYEE INITIATIVE; • [NO. 1-4, AS MORE FULLY DISCUSSED ON PAGE 4, IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: BOUNDARIES FUNCTION TO THE CHARTER REVIEW COMMITTEE; • [NO. 1-5, AS MORE FULLY DISCUSSED ON PAGE 4, IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: STRENGTHEN MANAGEMENT, AUDIT AND LEGISLATIVE OVERSIGHT; • [NO. II -A, AS MORE FULLY DISCUSSED ON PAGE 5 IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: TRANSFER TAX EXEMPT PROPERTIES TO TAXABLE STATUS; • [NO. II-B, AS MORE FULLY DISCUSSED ON PAGE 5 IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: THE LAREDO TEXAS PLAN; • [NO. II-C, AS MORE FULLY DISCUSSED ON PAGE 6 IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: FEDERAL, STATE AND FOUNDATION GRANT MONIES; • [NO. II-G, AS MORE FULLY DISCUSSED ON PAGE 7 IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: RESTORE THE COMMUNITY REDEVELOPMENT AUTHORITY TO A QUASI -AUTONOMOUS ENTITY; PAGE NO. 6 M 97-933 MOVED: TEELE SECONDED: REGALADO UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 • [NO. IV, AS MORE FULLY DISCUSSED ON PAGE 8 IN ABOVE -CITED LETTER] SUBHEADING ENTITLED: ESTABLISH A POSITIVE PARTNERSHIP WITH THE GOVERNOR'S FINANCIAL EMERGENCY OVERSIGHT BOARD; FURTHER DIRECTING THE INTERIM MANAGER TO REFLECT SAME AS CORE INITIATIVES OR AS MANAGEMENT OPERATIONAL DOCUMENTS, WHERE THE CITY ADMINISTRATION AGREES OR FINDS NECESSARY; FURTHER AUTHORIZING THE INTERIM MANAGER OR THE ASSISTANT MANAGER TO CHANGE THE WORDING (BUT NOT THE INTENT) WHERE IT MAY BE APPROPRIATE; FURTHER PROVIDING THAT NO FUNDS MAY BE EXPENDED TO IMPLEMENT ANY OF SAID MODIFICATIONS UNTIL A REVENUE SOURCE AND APPROPRIATION HAS BEEN PROVIDED BY THE COMMISSION. Direction to the Interim City Manager: by Vice Chairman Teele to prepare a report listing all the staff in the office of the Mayor and their annual salaries and submit said report to the Commission by next Monday (January 5, 1998); further requesting the manager to determine whether or not the Mayor's office is within budget. PAGE NO. 7 N/A A RESOLUTION INSTRUCTING THE CITY MANAGER TO R 97-934 DIRECT THE CITY'S EXTERNAL AUDITORS, KPMG PEAT MOVED: TEELE MARWICK, TO CONDUCT A STUDY OF TIERED SECONDED: GORT EXECUTIVE COMPENSATION AND BENEFITS PACKAGES, UNANIMOUS INCLUDING COMPARISONS OF COMPARABLE MUNICIPAL ENTITIES. Direction to the Administration: by Vice Chairman Teele to include compensation concerning honorariums, directors' fees and outside employment in the above -mentioned study for the Mayor. Direction to the City Clerk: by Commissioner Plummer to submit to each City Commissioner copies of the Commission minutes from the meeting of December 9, 1997 which addresses compensation concerning honorariums and outside employment as it pertains to the Mayor. Direction to the Administration: by Commissioner Gort to reduce the Solid Waste fee should the fire assessment fee go forward. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 PAGE NO. 8 AG 2 A MOTION TO ACCEPT AND ADOPT THE REVISED FIVE M 97-935 YEAR FINANCIAL RECOVERY PLAN INCLUDING ALL OF MOVED: TEELE THE MODIFICATIONS MADE TO THE GREEN BOOK, SECONDED: GORT DATED DECEMBER 30, 1997, DURING TODAY'S MEETING. UNANIMOUS N/A A MOTION INSTRUCTING THE CITY ATTORNEY TO M 97-936 PREPARE THE APPROPRIATE DOCUMENTS WHICH MOVED: TEELE WOULD AUTHORIZE AND DIRECT INTERIM CITY SECONDED: GORT MANAGER FRANK ROLLASON TO SIGN SAME IN ORDER UNANIMOUS TO EXPEDITE THE PERSONNEL ACTIONS OF 50 EMPLOYEES SOME OF WHICH HAVE NOT BEEN PAID. AG 3 A MOTION GRANTING REQUEST FROM CAMILE M 97-937 MERILUS, AUTHORIZING THE INTERIM CITY MANAGER MOVED: TEELE TO BE PREPARED TO SUPPORT THE HAITIAN SECONDED: REGALADO INDEPENDENCE PARADE IN THE EVENT THAT UNANIMOUS REPRESENTATIVES OF SAID EVENT CAN PAY FOR SAME IN ADVANCE; FURTHER STIPULATING THAT VICE CHAIRMAN TEELE WILL TRY TO RAISE APPROXIMATELY $2,000 TO $3,000 FOR SAID EVENT; AND FURTHER EMPOWERING THE INTERIM CITY MANAGER TO WORK WITH SAID GROUP IN SCALING DOWN THE COSTS OF CITY SERVICES IN CONNECTION WITH SAME. N/A AN EMERGENCY ORDINANCE AMENDING SECTION 2-884 EMERGENCY ORDINANCE OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS 11581 AMENDED, TO SET FORTH THE PROVISION THAT AN MOVED: HERNANDEZ EMPLOYEE OF MIAMI-DADE COUNTY, FLORIDA, OR ANY SECONDED: TEELE MUNICIPALITY THEREIN OTHER THAN CITY OF MIAMI UNANIMOUS EMPLOYEES, SHALL NOT SERVE ON OR BE APPOINTED TO ANY BOARD OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. N/A A MOTION APPOINTING VICE CHAIRMAN TEELE AS A M 97-938 MEMBER AND CHAIRPERSON OF THE MIAMI SPORTS MOVED: REGALADO AND EXHIBITION AUTHORITY UNTIL SUCH TIME THAT SECONDED: GORT ACTION IS TAKEN BY THE COMMISSION TO UNANIMOUS RECONSTITUTE SAID BOARD. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: December 30, 1997 AG 5 AN EMERGENCY ORDINANCE REPEALING IN ITS ENTIRETY, ORDINANCE NO. 11561, ADOPTED OCTOBER 28, 1997, RELATED TO THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY ("CRA"); THEREBY PROVIDING THAT THE CRA BOARD OF DIRECTORS SHALL EMPLOY AND FIX THE COMPENSATION OF THE DIRECTOR OF SAID CRA AND THAT SAID CRA DIRECTOR SHALL EMPLOY SUPPORT STAFF AS NECESSARY; FURTHER DIRECTING THE CITY MANAGER TO IMMEDIATELY SHIFT ALL BUDGETARY APPROPRIATIONS AND SUPPORT STAFF TO THE CRA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. AG 4 AN EMERGENCY ORDINANCE AMENDING SECTION 18- 232(c) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING PROVISIONS FOR AN ATTORNEY -CLIENT WAIVER OF CONFIDENTIALITY FOR ALL SETTLEMENTS OVER $25,000 BROUGHT TO THE CITY COMMISSION FOR CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. PAGE NO. 9 EMERGENCY ORDINANCE 11582 MOVED: TEELE SECONDED: GORT UNANIMOUS EMERGENCY 11583 MOVED: SECONDED: UNANIMOUS NOTE: AS DULY NOTED ON THE HEREIN AGENDA AND CITY CLERK'S REPORT, WHICH CONSTITUTE A JOURNAL OF CITY COMMISSION PROCEEDINGS, THE "UNANIMOUS" NOTATION NEXT TO THE VOTE ON EACH AGENDA ITEM MEANS THAT ALL FIVE CITY COMMISSIONERS WERE PRESENT AND VOTED "AYE" ON SAID ROLL CALL VOTE. NEGATIVE VOTES, PHYSICAL ABSENCE OF A COMMISSIONER OR ABSTENTION FROM VOTING BY A COMMISSIONER, IF ANY, IS ALSO DULY REFLECTED IN SAID VOTE. ORDINANCE TEELE GORT