HomeMy WebLinkAboutCC 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