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SPECIAL
C.OMMISSION
MINUTES
.. OF MEEflXG HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER FOEKAN
CITY CLERK
INDEX
MINUTES OF SPECIAL MEETING
December 30, 1997
ITEM
SUBJECT
LEGISLATION PAGE
NO.
NO.
1.
EXPRESS CONDOLENCES TO FAMILY OF
R 97-923 1-3
COMMISSIONER THELMA VERNELL GIBSON
12/30/97
ON THE UNTIMELY PASSING OF HER
FATHER.
2.
(A) PRESENTATION BY CONSULTANTS
DISCUSSION 3-17
(ROBERT SHEETS AND MARK LAWSON)
12/30/97
REGARDING BACKGROUND ON FIRE
ASSESSMENT FEE.
(B) CONSULTANTS DISCUSS NATURE OF
PROPOSED PROCEDURAL ORDINANCE AND
NEED TO DEFINE FURTHER POLICY
DECISIONS TO IMPLEMENT FIRE
ASSESSMENT FEE.
(C) DISCUSS NEED TO HAVE NARROW
EXEMPTIONS TO FIRE FEE.
(D) DIRECT ADMINISTRATION TO SEEK
VOLUNTARY PAYMENTS IN LIEU OF TAXES
FOR EXEMPTIONS TO FIRE FEE -- SEE
LABELS 4 & 9.
3.
BRIEF COMMENTS CONCERNING IMPACT
DISCUSSION 18-20
ON SERVICES IF SOLID WASTE FEES IS
12/30/97
ELIMINATED -- DISCUSSION CONCERNING
PROCEDURE OF PUBLIC HEARING --
FURTHER INSTRUCT CONSULTANTS TO
OBTAIN COMMISSIONERS INDIVIDUAL
INPUT ON SAID ISSUE -- APPROVE
PROPOSAL EXPRESSING INTENT TO USE
UNIFORM METHOD OF COLLECTING NON -
AD VALOREM SPECIAL ASSESSMENTS
LEVIED TO PROVIDE FIRE RESCUE
SERVICES AND FACILITIES.
4.
(A) DISCUSS / EXPRESS INTENT TO USE
R 97-924 21-40
THE UNIFORM METHOD OF COLLECTING
ORDINANCE
NON -AD VALOREM SPECIAL ASSESSMENTS
FIRST
LEVIED TO PROVIDE FOR FIRE -RESCUE
READING
SERVICES AND FACILITIES.
12/30/97
(B) PUBLIC HEARING ON NOTICE OF INTENT
TO PLACE FIRE ASSESSMENT FEE ON
MIAMI-DADE COUNTY TAX ROLLS.
(C) PROPOSED FIRST READING
ORDINANCE: CREATE CHAPTER 19.5 OR
CODE ENTITLED "FIRE -RESCUE
ASSESSMENT" --AGAINST PROPERTY IN
MIAMI -- ESTABLISH PROCEDURES /
DEFINITIONS FOR IMPOSING
ASSESSMENTS -- PROVIDE FOR LIEN ON
ASSESSED PROPERTY -- AUTHORIZE
IMPOSITION OF ASSESSMENT ON
GOVERNMENT PROPERTY -- PROVIDE FOR
HEARING OFFICER -- FURTHER PROVIDE
FOR EFFECTIVE DATE OF SAID ORDINANCE
TO BE IMMEDIATELY UPON ADOPTION.
(D) DISCUSS PROCEDURAL STEPS NEEDED
FOLLOWING PASSAGE OF PROPOSED
ORDINANCE WHICH WOULD REQUIRE
COMMISSION REVIEW -- SEE LABELS 2 & 9.
5.
DISCUSS ORDER OF THE DAY FOR
DISCUSSION 40-42
DISCUSSION OF AGENDA ITEM DEALING
12/30/97
WITH PROPOSED REVISIONS FOR FIVE-
YEAR PLAN AND CONFIRMATION OF CITY
MANAGER.
6.
(A) COMMENTS REGARDING MEMORANDUM
DISCUSSION 42-44
FROM ADMINISTRATION OUTLINING
12/30/97
PROPOSED TABLE OF ORGANIZATION ON
PAGE 85 OF FIVE YEAR PLAN BOOK.
(B) DIRECT ADMINISTRATION TO MODIFY
PLACEMENT OF COMMUNICATIONS AND
NET 9 IN PROPOSED TABLE OF
ORGANIZATION.
(C) DIRECT ADMINISTRATION TO MAKE
CORRECTED COPY OF MODIFIED VERSION
OF THE MARQUEZ TABLE OF
ORGANIZATION WHICH WOULD INCLUDE
THE CITY COMMISSION AND OTHER
CHANGES DISCUSSED BY CITY
COMMISSIONERS -- FURTHER AGREE TO
DISCUSS INTEGRATION OF BUILDING AND
ZONING WITH PLANNING.
7.
DIRECT ADMINISTRATION TO INVESTIGATE
DISCUSSION 44-45
SALE OF FIREWORKS AT CORAL WAY AND
12/30/97
29TH AVENUE AND AT SOUTH DIXIE AND
22ND AVENUE.
8. (A) A DISCUSSION OF PROPOSED
MODIFICATION / REVISIONS TO FIVE-YEAR
FINANCIAL PLAN -- DISCUSSION
REGARDING POSSIBLE CONFLICT OF
INTEREST OF BLUE RIBBON TASK FORCE
COMMITTEE ENGAGING IN PROCUREMENT
OF CITY GOODS AND SERVICES --
FURTHER DIRECT CITY ATTORNEY TO
DEVELOP A CLEAR POLICY IN CONNECTION
WITH PURCHASES UP TO $4,500.
(B) COMMISSION STATES NEED FOR THEIR
REVIEW AND APPROVAL OF
RECOMMENDATIONS IN APPENDICES
SECTION OF FIVE-YEAR FINANCIAL PLAN
RECOVERY REPORT OF DECEMBER 30,
1997, AS SUBMITTED BY BLUE RIBBON
TASK FORCE.
(C) ACCEPT TABLE OF ORGANIZATION
REFERRED TO AS MODIFIED MARQUEZ
TABLE OF ORGANIZATION -- FURTHER
DIRECT THAT SAME BE FORWARDED TO
FINANCIAL OVERSIGHT BOARD --
COMMENTS REGARDING NEED FOR
PROPOSED CITY MANAGER TO PROMOTE
WOMEN AND BLACKS.
(D) RECOMMEND INCLUDING
CLASSIFICATION OF SPECIAL ASSISTANT
TO CITY MANAGER TO PROPOSED TABLE
OF ORGANIZATION.
(E) RECOMMEND MOVING WAGESS
PERSONNEL DESIGNATION WITHIN TABLE
OF ORGANIZATION UNDER JURISDICTION
OF ASSISTANT DIRECTOR OF FINANCE --
REITERATE COMMISSION'S SUPPORT OF
CITY'S EFFORTS TO ASSIST WELFARE
CLIENTS TO FIND WORK -- FURTHER
DIRECT TO PLACE FIRE CHIEF AND POLICE
CHIEF REPORTING DIRECTLY TO CITY
MANAGER -- ALSO DIRECT THAT THE
INTERNATIONAL TRADE BOARD BE
REFLECTED ALONG WITH OTHER QUASI
AUTONOMOUS BOARDS (DDA, OSP, CRA,
BAYFRONT MANAGEMENT TRUST) IN THE
PROPOSED TABLE OF ORGANIZATION.
M 97-925
M 97-926
M 97-927
M 97-928
12/30/97
9. (A) DISCUSSION REGARDING BILLING DISCUSSION
PRACTICES FOR FIRE ASSESSMENT FEE -- 12/30/97
SEE LABELS 2 AND 4.
(B) COMMENTS CONCERNING THE
OVERSIGHT BOARD'S REACTION TO
POSSIBLE LEGAL CHALLENGES TO FIRE
ASSESSMENT FEE.
(C) DISCUSSION REGARDING BUDGETARY
ALLOCATION OF FIRE FEE BALANCE BY
FIRE -RESCUE DEPARTMENT.
45-73
73-80
10. (A) BRIEF COMMENTS CONCERNING COST
OF COMPUTER CONVERSIONS TO YEAR
2,000 -- DIRECT CITY ATTORNEY TO
PREPARE LEGISLATION REQUIRING
UNANIMOUS CONSENT FROM CITY
COMMISSION FOR USE OF MONIES FROM
STRATEGIC RESERVE FUND.
(B)DIRECT CITY MANAGER TO ALLOCATE
FIRE -RESCUE DEPARTMENT THE FIRST
$2 MILLION OF EXCESS MONIES
RESULTING FROM FIRE -RESCUE
ASSESSMENT COLLECTION -- FURTHER
STIPULATE TO USE SUCH FUNDS ONLY
FOR CAPITAL EXPENDITURES WITHIN SAID
DEPARTMENT.
11. (A) RATIFY MAYOR SUAREZ' APPOINTMENT
OF JOSE GARCIA-PEDROSA AS CITY
MANAGER -- ESTABLISH CITY MANAGER'S
GARCIA-PEDROSA'S SALARY AT $96,000 --
REQUEST GARCIA-PEDROSA'S COMMENTS
ON POLICE CHIEF DONALD WARSHAW AND
ON AGREEMENT BETWEEN MAYOR
SUAREZ AND STATE ATTORNEY'S OFFICE
TO RESCIND TERMINATION ACTIONS OF
CERTAIN EMPLOYEES.
(B) DISCUSSION CONCERNING
ASSURANCES FROM CITY MANAGER TO
DEVELOP PROCESS TO ALLOW WOMEN
AND BLACKS TO ACHIEVE THEIR
POTENTIAL.
(C) DIRECT INTERIM CITY MANAGER TO
INSTRUCT EXTERNAL AUDITORS TO
RESEARCH AND RECOMMEND EXECUTIVE
BENEFITS PLAN FOR CITY MANAGER --
FURTHER REQUEST RESEARCHING
ESTABLISHMENT OF MULTI -TIER BENEFIT
PLAN FOR EXECUTIVES BASED ON CITY
RESIDENCY -- SEE LABEL 13.
M 97-929
R 97-930
12/30/97
R 97-931
12/30/97
81-84
85-106
12. DIRECT INTERIM CITY MANAGER TO DISCUSSION 106-108
ENFORCE LAWS AT CITY HALL TO PREVENT 12/30/97
DOUBLE PARKING.
13. (A) ACCEPT APPENDIX "G" (INITIATIVES
CONSIDERED FOR FUTURE DEVELOPMENT
IN NEXT FIVE YEARS -- FOR PURPOSES OF
LISTING / ENUMERATING SAME -- DIRECT
ADMINISTRATION THAT TAX-EXEMPT
ORGANIZATION RECEIVING CITY LAND
MUST PAY EQUIVALENT OF AD VALOREM
TAX VALUE TO CITY -- FURTHER DISCUSS
INDEPENDENT STATUS AND DEBT SERVICE
USE BY OFF STREET PARKING.
(B) AUTHORIZE / DIRECT INTERIM CITY
MANAGER TO ADJUST FIVE YEAR PLAN TO
REFLECT TEN PROPOSALS BY VICE
CHAIRMAN TEELE OUTLINED IN HIS LETTER
OF DECEMBER 28, 1997 TO CITY
COMMISSIONERS: MAYOR'S CLEANUP AND
BEAUTIFICATION / REVIEW CDBG GRANT
COMPLAINCE / DEVELOP CITYWIDE
TRAINING PROGRAM / EXPAND
BOUNDARIES OF DISTRICTS / STRENGTHEN
MANAGEMENT, AUDIT, LEGISLATIVE
OVERSIGHT -- DISCUSS NEED AND ROLE
OF PROPOSED LEGISLATIVE BUDGET
OFFICER / TRANSFER TAX EXEMPT
PROPERTIES TO TAXABLE STATUS / THE
LAREDO TEXAS PLAN / RESEARCH
AVAILABILITY OF FEDERAL, STATE, AND
FOUNDATION GRANTS / RESTORE CRA TO
QUASI -AUTONOMOUS ENTITY / ESTABLISH
PARTNERSHIP WITH GOVERNOR'S
FINANCIAL EMERGENCY OVERSIGHT
BOARD -- EXPRESS NEED TO INSURE FIRST
HIRE AGREEMENTS IN REDEVELOPMENT
AREAS AS WELL AS NEED TO HAVE AN
ENFORCEMENT OFFICER FOR SUCH
AGREEMENTS -- FURTHER REQUEST
UPDATE ON FRANCHISE FEE PAYMENT BY
SMALLER COMMERCIAL SOLID WASTE
COMPANIES -- DIRECT MANAGER TO
REFLECT SUCH PROPOSALS AS CORE
INITIATIVES OR MANAGEMENT
OPERATIONAL DOCUMENTS AS
APPROPRIATE -- AUTHORIZE MANAGER OR
DESIGNEE TO CHANGE THE WORDING BUT
NOT THE INTENT AS APPROPRIATE --
FURTHER PROVIDE THAT NO FUNDS BE
SPENT TO IMPLEMENT SAID
MODIFICATIONS UNTIL REVENUE SOURCES
HAVE BEEN PROVIDED.
(C) DIRECT INTERIM CITY MANAGER TO
PREPARE A REPORT LISTING STAFF AND
SALARIES IN OFFICE OF THE MAYOR IN
ORDER TO DETERMINE IF MAYS' OFFICE IS
WITHIN BUDGET -- FURTHER REQUESTING
TO SUBMIT SAID REPORT TO
COMMISSIONERS BY JANUARY 5, 1998.
(D) INSTRUCT CITY MANAGER TO DIRECT
KPMG PEAT MARWICK EXTERNAL
M 97-932
M 97-933
R 97-934
R 97-935
12/30/97
108-145
AUDITORS TO SURVEY MULTI -TIERED
EXECUTIVE COMPENSATION AND
BENEFITS PACKAGE -- BRIEFLY DISCUSS
TENURE OF EXTERNAL AUDITORS WITH
CITY.
(E) INSTRUCT CITY MANAGER TO DIRECT
EXTERNAL AUDITORS TO INCLUDE
COMPENSATION CONCERNING
HONORARIA, DIRECTORS' FEES AND
OUTSIDE EMPLOYMENT FOR THE MAYOR
IN BENEFITS RESEARCH STUDY.
(F) DIRECT CITY CLERK TO SUBMIT TO
COMMISSIONERS MINUTES OF DECEMBER
9, 1997 ADDRESSING OUTSIDE
EMPLOYMENT FOR MAYOR.
(G) DIRECT ADMINISTRATION TO REDUCE
SOLID WASTE FEE SHOULD FIRE
ASSESSMENT FEE BE IMPLEMENTED.
(H) ACCEPT /ADOPT REVISED FIVE-YEAR
FINANCIAL RECOVERY PLAN INCLUDING
MODIFICATIONS MADE ON DECEMBER 30,
1997.
14. (A) PREPARE LEGAL DOCUMENTS TO M 97-936
AUTHORIZE AND DIRECT INTERIM CITY 12/30/97
MANAGER TO SIGN PERSONNEL ACTIONS
FOR EMPLOYEES.
(B) DISCUSS STATUS OF EMPLOYEES
UNDER STREET SWEEPING PROGRAM
AFTER JANUARY 9, 1998.
(C) DISCUSS LOCATION OF ONE -STOP
OFFICES THROUGHOUT MIAMI-DADE
COUNTY FOR WAGES PROGRAM
PROCESSING.
15. GRANT REQUEST FROM CAMILE MERILUS M 97-937
TO SUPPORT HAITIAN INDEPENDENCE DAY 12/30/97
PARADE WITH STIPULATIONS -- FURTHER
EMPOWER INTERIM CITY MANAGER TO
WORK WITH SAID GROUP.
16. EMERGENCY ORDINANCE: AMEND ORDINANCE
SECTION 2-884 OF CODE -- SET FORTH 11581
PROVISION THAT EMPLOYEES OF OTHER 12/30/97
GOVERNMENT AGENCIES SHALL NOT
SERVE ON CITY BOARDS -- BRIEFLY
DISCUSS STATUS OF APPOINTMENTS TO
CITY BOARDS.
145-150
150-165
166-170
17. APPOINT ARTHUR E. TEELE, JR. AS M 97-938
MEMBER AND CHAIRPERSON OF THE MIAMI 12/30/97
SPORTS AND EXHIBITION AUTHORITY --
BRIEF DISCUSSION CONCERNING
PROBLEMS PRESENTLY EXISTING WITHIN
MSEA -- REQUEST CHAIRMAN HERNANDEZ
TO WORK WITH COMMISSIONER PLUMMER
AND GORT TO CALL A MEETING AND
NOTICE SAME, REGARDING WHAT THE
COMMISSION WANTS.
18. DISCUSSION REGARDING COMMISSION'S DISCUSSION
RESOVLE TO MAINTAIN ORANGE BOWL 12/30/97
PARADE ALIVE.
19. REPEAL ORDINANCE 11561 (SOUTHEAST ORDINANCE
OVERTOWN/PARK WEST REDEVELOPMENT 11582
DISTRICT AND COMMUNITY 12/30/97
REDEVELOPMENT AGENCY (CRA) --
PROVIDE FOR CRA BOARD TO EMPLOY
AND FIX SALARY OF EXECUTIVE
DIRECTOR -- FURTHER DIRECTING CITY
MANAGER TO TRANSFER BUDGET AND
STAFF TO CRA -- COMMENTS PRAISING
TENURE OF ROBERT NACHLINGER WITH
CITY.
171-175
175-176
177-179
20. AMEND SECTION 18-232(C) OF CODE -- ADD ORDINANCE 179-181
PROVISIONS FOR ATTORNEY -CLIENT 11583
WAIVER OF CONFIDENTIALITY FOR 12/30/97
SETTLEMENTS OVER $25,000 BROUGHT TO
COMMISSION FOR APPROVAL.
MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 30th day of December, 1997, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 10:08 a.m. by Presiding Officer/Commissioner
Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Frank K. Rollason City Manag®r
A. Quinn Jones, IIY, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Wifredo Gort (District 1)
Vice Chairman Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Regalado, after which Vice Chairman
Hernandez then led those present in a pledge of allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. EXPRESS CONDOLENCES TO FAMILY OF COMMISSIONER THELMA
VERNELL GIBSON ON THE UNTIMELY PASSING OF HER FATHER.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: If I could through you and the members of this Commission.. We were
unable this morning to attend the funeral of a life long pioneer of this community, 94 years of
age, who lived a good life and had a great family, namely our former Commissioner, Rosario... I
December 30, 1997
am sorry, Thelma Gibson. Thelma Gibson's father passed away, the funeral was this morning. I
represented this Commission at the funeral and it has been a long time since I have seen what
was the old traditional of the funeral where the marching band went from the house with the
family to the church. And, will do so from the church to the graveyard. Ninety-four years is a
long time, and as far as we are concerned, I would like to see spread across the minutes of our
meeting the condolences of this Commission to Thelma Gibson and to the family, and to express
our condolences through that resolution which would be prepared by the Clerk and forwarded to
the family by one of us whoever or whenever we could. Mr. Chairman, I so move.
Chairman Hernandez: We have a motion.
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-923
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF THOMAS T.
ANDERSON UPON HIS RECENT DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Vice Chairman Arthur E. Teele, Jr.
NOTE FOR THE RECORD: Commissioner Plummer's back up
papers are being copiedor public.
Chairman Hernandez: There is a matter I would like to proceed in initiating this meeting this
morning.
Commissioner Plummer: Mr. Chairman, I am sorry, if I may to announce that there will be
resolutions or ordinances that are being prepared. You can't make excuses for tardiness but
2 December 30, 1997
there were tardiness involved, and they will be available very, very shortly as well as agendas.
Agendas are already here for the public but the resolutions and ordinances will be very, very
soon will be available to the public. Thank you.
Chairman Hernandez: Is that being prepared by the Manager's office? Is that what's going on?
Mr. Frank K. Rollason (City Manager): Yes, that's correct. They are being copied as we speak.
----------------------------------------------------------------------------------------------------------------
2. (A) PRESENTATION BY CONSULTANTS (ROBERT SHEETS AND
MARK LAWSON) REGARDING BACKGROUND ON FIRE
ASSESSMENT FEE.
(B) CONSULTANTS DISCUSS NATURE OF PROPOSED PROCEDURAL
ORDINANCE AND NEED TO DEFINE FURTHER POLICY
DECISIONS TO IMPLEMENT FIRE ASSESSMENT FEE.
(C) DISCUSS NEED TO HAVE NARROW EXEMPTIONS TO FIRE FEE.
(D) DIRECT ADMINISTRATION TO SEEK VOLUNTARY PAYMENTS
IN LIEU OF TAXES FOR EXEMPTIONS TO FIRE FEE -- SEE
LABELS 4 AND 9.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Mr. Manager, I would like you to commence your presentation on the
Fire Assessment Fee according to the agenda that you have prepared...
Mr. Frank R. Rollason (City Manager): All right.
Chairman Hernandez: ... or any other questions that we might have or issues.
Mr. Rollason: Good morning, Mr. Chairman and members of the Commission. We have put an
agenda together that is certainly not cast in stone, but one that will give us a format to follow
through this morning. We can certainly, you know, move from that as the Commission desires.
But, it's in a sequence that we felt would make sense, and bring some continuity to the process.
And, initially we are going to discuss the Fire Assessment Fee and give you a background on the
Fire Assessment Fee by our consultants. We then need to get into the public hearing dealing
with the... adding this fee to the ad valorem tax notices that would go out . And, then there
would be a presentation on the fire fee enabling ordinances. So, as to get rolling, I would like to
bring up to the podium Mr. Robert Sheets who is the Chief Executive Officer for Government
Services Group, Inc., and Mr. Mark Lawson from the legal consultants that we have Nabors,
Giblin and Nickerson. And, they will begin their presentation with a brief background of the
Fire Assessment Fee to try to bring this thing into context at this meeting.
NOTE FOR THE RECORD: At 10:12 a.m., Vice Chairman Teele
and Commissioner Gort entered the City Commission meeting
already in session.
Mr. Robert Sheets: Thank you, Frank. My name is Robert Sheets, I am with Government
Services Group. I am going to take just a couple of minutes to bring what amounts to about 14
months of history up-to-date on where we are today. We began this project in December of '96
to start preparing a Fire Rescue Assessment program for the City to be used as part of their fiscal
3 December 30, 1997
recovery program. The program has moved forward. There has been changes in direction over
that 12 month, over that 14 month period, now. And, where we are now, we are at the point to
where today the Commission is going to be asked to make two decisions. One regarding the
Notice of Intent to utilize, to uniform collection method for 1998-99, and second to pass an
enabling ordinance for the 1997-98 year. Just a brief history, the consulting team of Nabors,
Giblin and Nickerson, Government Services Group and David M. Griffith and Associates has
worked with the administration and the Fire Department in this period of time to put together
probably one of the most comprehensive Fire Rescue Fee programs ever done in the State of
Florida. We have been very fortunate in working with the Fire Department to be able to utilize
data that we would not normally find in most operations. Working with the Chief and his staff
we were able to look at over two years of caller data to know exactly where the calls in the City
of Miami are going in terms of classes of property. And, as you, I am certain will hear during
the discussion today, there are some very fundamental differences between what constitutes a
special assessment versus what constitutes a tax. The test that you will be asked to justify today
in this program is that it must meet two tests. One is, a Fire Rescue Fee must provide special
benefit to property. And, two, the way in which you apportion that cost must be fair and
reasonable. The first issue today is that of the public hearing for the Notice of Intent. And, it's
important to keep in mind that this Notice of Intent, this resolution that you are going to be asked
to vote on today simple allows you the opportunity to in '98, '99,..., to collect this assessment
via the tax bill collection method. It doesn't obligate nor mandate that you do that. But, this is a
statutorily required notice to the County's Property Appraiser and Tax Collector or their
equivalent position to avail, to utilize those programs. The second issue will be the approving of
an enabling ordinance which Mr. Lawson is going to go to in more detail that sets the
groundwork for the program for the program you are going to put in place for FY'97-'98. I
think, and also there will be many discussions, I am sure regarding policy issues and other issues
in terms of how do we put this program in place and where do we go from here. But, before I
turn the microphone over to Mark, I don't know if the Chief had anything that he wanted to say
about the program. OK.
Mr. Mark Lawson: Good morning, my name is Mark Lawson. I am with Nabors, Giblin and
Nickerson in Tallahassee. The, I think what's important is what Robert said, today's meeting is
about the Notice of Intent, which is a procedural activity to preserve this Commission's ability to
use a very efficient collection method beginning next November. And, to introduce to the
Commission, on a first reading basis, the procedural ordinance. And, I think it's very important
that that great emphasis is placed upon procedure. It is no more than the authorization to go
forward. It embodies the procedures to actually implement that those will come by resolution
and we have prepared at the suggestion of the Manager, a specific critical events schedule.
Mr. Rollason: What you have at your... in your package. You have that Critical Events
Schedule he is referring to now.
Mr. Lawson: The... It was suggested that we highlight...
Commissioner Plummer: It's this one?
Mr. Lawson: Yes, sir. Highlight with red ink activities that will involve Commission action and
as you will see there are three actions for today. The resolution...
Commissioner Plummer: Red ink means that we are in the red.
Mr. Lawson: Yep. Yeah.
Commissioner Plummer: I thought it was an appropriate color.
4 December 30, 1997
Mr. Lawson: So, you see there are three things to address today. The first of those is a
procedural activity required by Statute to preserve your right to use that efficient method for next
year. I would liken it to a two by four on the door to keep the door open. It doesn't mean you
will ever have pass through it. It does not commit you to pass through it. It simply preserves
your right. If you do not preserve that right, then, other officials in Dade County government
would have the option at their discretion to deny you that ability. You will have to wait another
year to use that method. So, that's why it is brought to you before the end of the County year per
Florida Statute, Section 1973632, says you must do it before the end of the calendar year and we
are probably as close to the end of the calendar year as we are going to get. It has been
advertised corporately for the preceeding four weeks and it has been conformed to the format of
the City's organization by your legal staff. And, at your pleasure you can either take that up now
or take that up later in the meeting.
Mr. Rollason: Well, I think what we ought to do is go through what the outline that you have, so
we put everything in a time perspective...
Mr. Lawson: Sure.
Mr. Rollason: ... and, then, when we enter into the public hearing on this issue, that should be a
separate, specific issue.
Mr. Lawson: Right. And, a good point. The law requires that a public hearing be had on the
Notice of Intent. It's a very, very narrow issue. I will tell you why the law requires a public
hearing. That was included in the legislation in 1988, when this process became a ministerial
activity on the part of the Property Appraisers and Tax Collectors. Prior to that, the use of the
tax bill was at their discretion and it was not always available to local governments. The next
item on your agenda today, as far as this program goes would be the consideration of the
procedural ordinance. This ordinance lays the foundation, the authorization for the City of
Miami to undertake the implementation of special assessments for Fire Rescue services.
Emphasis, it is procedural. The procedures involve a two-step process after you adopt the
ordinance. First, you will adopt what is termed an initial resolution. On your Critical Events
Schedule, if you will open and turn to the second page, you will see that the earliest date that you
can do that would be January 13th, after the ordinance would become effective. To be very
honest with you, that is the crucial document. I think there has been a lot of speculation that
today there would be finality brought to what fees will be charged, how much, which entities
pay, et cetera. That will not, it's not available for today's meeting. The last thing we would like
to do today is to schedule with you follow-up to receive your policy direction in order to finalize
document in the next several days. Again, two-step process, initial resolution, then you would
advertise the proposed rates and have a public hearing and a final resolution which you would
receive public comment on or around February loth. We have set those time frames up to
conform with the statutory process for tax bill collection. However, what this process will do
here in January and February is fund your current year budget. Fiscal year '97-'98. The
ordinance also allows for procedures to continue the program and use the tax bill collection
method if you choose in fiscal year '98, '99 and there after. So, the ordinance is procedural, it
allows you to go forward not only with funding this fiscal year's budget for this program, but
future years.
Commissioner Plummer: Second reading is on the 13th of January.
Mr. Lawson: Yes, sir.
Commissioner Plummer: After a second reading, within thirty (30) days it becomes law. We,
here at this Commission, not to my knowledge, or I can remember, have ever had a public
hearing after the second reading.
5 December 30, 1997
Mr. Lawson: Let me... Can I address that?
Commissioner Plummer: I wish you would.
Mr. Lawson: Commissioner Plummer's question. [phonetic] First of all, the ordinance is
drafted in such a way that it would become effective upon the second reading and not thirty (30)
days thereafter which has been the...
Commissioner Plummer: No, sir. Unless, I am wrong, only emergency ordinances become
effective immediately. Regular ordinances first, and second reading become effective thirty (30)
days after the second reading. Now, if I am wrong, Mr. City Attorney.
Vice Chairman Teele: Commissioner, I had the same view. This issue has been researched and
we both are wrong.
Commissioner Plummer: OK, tell me how I am wrong.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, the State law requires basically
that the ordinance be read on two separate days.
Mr. Lawson: Correct.
Mr. Jones: Now, how the thrity (30) days that the City has as a matter of practice over the years
utilize the thirty (30) day period before it becomes effective, in my research I have not been able
to find anything. But, I think what the... Mr. Lawson is trying to tell you is that, if in fact it is
your desire to make it effective sooner than the 30 days, it's within your power so to do. As long
as the two separate readings have been complied with.
Commissioner Plummer: Well, isn't it kind of defiance in the face of the public that would come
here on a public hearing after it has been passed, the first and second reading, if in fact this
Commission were to make any changes, substantive changes as you refer to them, we would
have to go back through the process of a first and second reading again? I really don't
understand the reason for a public hearing after you voted first and second readings. And, I am
at a lost to understand. To me, it would be a joke to have a public hearing after you have already
passed it on first and second reading.
Mr. Lawson: Sir, you will not... We have not scheduled a public hearing after the second, it will
be 20 days thereafter.
Commissioner Plummer: Excuse me, sir. In red, it says "public hearing to adopt Fire
Assessment resolution."
Mr. Lawson: On February loth.
Commissioner Plummer: That's a public hearing.
Mr. Lawson: Right.
Mr. Jones: Yeah, Commissioner, if...
Commissioner Plummer: Now, is...?
Mr. Jones: I am sorry.
6 December 30, 1997
Commissioner Plummer: Are we not talking about a public hearing addressing the ordinance?
Mr. Lawson: No, that will be a public hearing implementing the rate setting process under the
ordinance.
Mr. Jones: Commissioner, if I might? Just to reemphasize what Mr. Lawson is trying to convey
to you. What you have here, basically today, which you will be voting on is the intent. A
mechanism, the enabling ordinance that would allow for you to go forward with the special
assessment fee. Down, the road, as you note on your time...
Commissioner Plummer: Excuse me, stop right there.
Mr. Jones: Yes.
Commissioner Plummer: According to this that I have it says "today, also the first reading."
Mr. Jones: Well, Commissioner...
Commissioner Plummer: That's not an intent.
Mr. Jones: Commissioner, please hear what I am saying. What you have before you today is an
enabling ordinance that will allow this Commission to set a rate at a later point in date that you
will vote on. All this does is gives you the ability to move forward and pass a special assessment
fee if this Commission desires. The public hearings that you keep making reference to relates
solely, and of course, they are after adoption of the ordinance, which is the enabling ordinance.
But, the meat of the assessment fee will come at a later date which is what you see here on this
point. That's the point in time where this Commission will set the rate. The State law requires
that you have a public hearing in that regard and, then, there is a second adoption of a resolution
which will be the final rate that this Commission decides on.
Commissioner Regalado: Excuse me, Quinn. What you mean is that after on the public hearing,
we will be able to change, say, what we are going to charge to apartment units? That we can
charge apartment units by square feet? We can do that after the public hearing?
Mr. Jones: Yeah. Correct me, if I am wrong, Mark. When you take up the actual assessment
rate, that will be a preliminary rate that this Commission will establish. Mark, correct me if I am
wrong.
Mr. Lawson: Yes, sir. That's... If you look on your schedule right now that is scheduled for
January 13th. Now that date after your discussion will move that at the earliest date that you can
do it. All... Again, I want to emphasize, the ordinance is using your home rule powers. It's
saying: we've passed legislation, the ordinance, that says, how we will do our Fire Rescue
procedure and the procedure is, we will have an initial resolution that will lay out in detail what
the rates are, what the categories are, et cetera. Then, upon the adoption of that initial resolution,
you would publish notice in the newspaper.
Commissioner Regalado: But, excuse me.
Mr. Lawson: Yeah.
Commissioner Regalado: Would that change the projection of the money?
Commissioner Plummer: It could.
7 December 30, 1997
Mr. Jones: It could.
Mr. Lawson: The initial resolution?
Commissioner Regalado: Yeah.
Mr. Lawson: That is the focal document of how much you collect and from whom.
Commissioner Regalado: But it would change.
Commissioner Plummer: It could.
Mr. Lawson: It could, yes. The ordinance has nothing to do about how much you collect.
Commissioner Regalado: All right.
Mr. Lawson: It just says that you have the ability to adopt that resolution that does that. So, it's
a... The implementation is by resolution. The authorization is by ordinance.
Vice Chairman Teele: Mr. Chairman, if I may? And, the Attorney made reference of this, but I
think instead of saying some later date, we need to bring everything down to a date specific.
Mr. Jones: OK.
Vice Chairman Teele: And, this may help the press plan their schedule. The real show business
day is February 10th in this process. It's reflected in this two -page handout. The public hearing
and the adoption of the assessment resolution is the time that this Commission will decide who's
exempt, who's not exempt, what the rate is, whether it's a 500,000 square foot ceiling, 200 or
one, I mean, we have got to make some incremental decisions toward that each day as we... each
time there is a hearing. But, the show business, the real decisions for the three second sound
bites will be on February the loth.
Mr. Lawson: And, the meat of what you do will be published and directed to be published on
January 13th.
Vice Chairman Teele: And, that's pursuant to State law or at least based upon the advise of
counsel as to how to ensure that this fee, if it's adopted can withstand any legal challenge or
scrutiny or test.
Mr. Lawson: We have cloned the procedures that are in Chapter 1973632.
Vice Chairman Teele: So, the confusion that I have had for the last four or five days over this,
and I appreciate the time you all have spent educating me, is really that the City code and
tradition could - this is another story for another day - really, is subordinate to the State law.
This procedure is being adopted and the advise that we are getting is actually being superseded
by the Case law and the State law in anticipation that there may be a Court challenge. So, in
effect, we won't be defending on the City Charter per se and the City Codes per se, we will be
defending ourselves based upon the State Constitution and the State law and the Case law that
has emanated from those two bodies. And, that of course, takes us away from some of the
tradition like the 30 days between the effective date and the second reading.
Commissioner Plummer: Well, for this Commissioner, I would think that the February the loth
meeting and the 13th of January should be one of the same. You should be able to tell the
8 December 30, 1997
people on second reading what the rate is going to be. I mean, it just makes sense. People are
going to come here and complain and maybe complain when they really didn't have to if the rate
was within certain parameters. So, I am just saying for this one Commissioner, it would seem
like to me, that when you have second reading, whether it's effective that day or 30 days later,
that the people who would want to come here in the essence of a public hearing should know on
the day of the second reading what it was that they will be actually charged in the way of fees.
So, that's just for one Commissioner.
Mr. Lawson: Commissioner....
Mr. Rollason: Mr. Chairman, may.. let me recap this for a minute, maybe I can, maybe I can
make it a little bit clearer.
Mr. Lawson: I agree with him. He is right. But, I think what... Mr. Manager, I think what you
said, Mr. Commissioner is, you want the rates to be displayed in a period of time before there is
a public hearing on the rates.
Commissioner Plummer: Fine.
Mr. Lawson: That is exactly what this does. The rates are displayed by initial resolution and a
period of time, 20 days, by your own legislation till you have a final discussion with the public
comments. That allows you time to answer questions but that's done by resolution. Again, the
emphasis, the ordinance is pure procedure. It is nothing more than the authorization to go about
Fire Rescue assessments, not the substance of that particular type of assessment you adopt.
Commissioner Plummer: My friend, let me say to you. If I were a property owner and I am
concerned about a fire fee. If you are going to hit me with a fee for ten dollars ($10),1 might not
complain. But, if you hit me with a fee for five hundred dollars ($500), I am going to complain.
But, until I know what that fee is, I don't know whether to stand up and say, OK, bark, scream,
holler, or what.
Mr. Rollason: Right.
Commissioner Plummer: So, that's why I am saying to you, the rate to me, needs to be
established at the time that the second hearing and a public hearing is in fact.
Vice Chairman Teele: It will be. It will be. You re not listening, it will be.
Mr. Rollason: And, Commissioner, that is exactly what will happen. In other words, this is a
two...
Commissioner Plummer: They set the rate on February the 10th.
Mr. Rollason: No, no, no.
Commissioner Hernandez: No, no.
Vice Chairman Teele: The rate is voted on February 10th. It's set.
Mr. Rollason: Right.
Commissioner Plummer: If it is not changed.
Mr. Jones: Commissioner Plummer.
9 December 30, 1997
Commissioner Plummer: If it is not changed. It can change.
Vice Chairman Teele: But, J.L., Commissioner, we are going to do exactly what you are saying.
We are going to set the rate on January 13th. We are going to take the other step but we are not
going to vote on it. We are going to take the additional step and this is what's required, is to
give notice. We are going to advertise for 20 days so that if anybody who is on vacations, who
is, you know, having a hang over from the holiday, doesn't get the word, they will get it between
the 13th of January and the actual date of the public hearing when we vote on it on February
10th.
Mr. Rollason: That's correct.
Vice Chairman Teele: We are doing exactly what you are saying do. Otherwise, the only way
we can vote on this on the 13th, would be to set the rate today and give the people, and legally
we can't do that.
Mr. Rollason: All right, I think... Let me try this one more time. I think what we are doing is a
two-step process and when we finish the second step of the enabling ordinance on the 13th, you
will then go right into discussion of the establishing what...
Commissioner Hernandez: Right. Well...
Mr. Rollason: ... the fees will be by resolution. On the 13th we will have the 20 days for the
public to assimilate it, come back for the hearing on the loth. So, you are right, on the loth it
could change as a result of input, but there will be a fee structure established on the 13th that will
be advertised.
Commissioner Hernandez: That's understood. Let me ask you a question.
Mr. Lawson: Yes, sir.
Commissioner Hernandez: We are establishing what you would be defining as a Special
Assessment fee, correct?
Mr. Lawson: Yeah, I think that would help everybody with the terminology, including the press
and everybody who discusses this. It's a special assessment. It is not a fee; it is not a tax. It's a
special assessment; it's a fine line, with special assessment.
Commissioner Hernandez: In the past, your experience when we were defining or creating or
establishing a special assessment fee, there are certain recognized special assessment fees under
Florida Statutes where we have to go by way of the Florida legislature to amend the statute
dealing with special assessment fees to include and incorporate this as a special assessment fee.
Mr. Lawson: No, sir. Special assessments in Florida are constitutional in nature. And, the law
that gives you guidance, significant guidance on their... meeting the element of benefit, which is
what you are addressing, is really embodied in case law. And, case law over many, many years
but, case law that the Supreme Court has adopted in the last couple of years to clarify that.
Unlike your fellow cities in Broward County which did a lot of assessments a couple of years
ago where the law was not as clear as it is now, you really had a case out of Lake County and a
case out of Sarasota County that bring a lot of clarity to Fire Rescue assessments and identify
them as in that category, that benefit property. The other thing that I would point to you,
although you are traveling under your home rule powers, even the Florida Legislature has
recognized these types of assessments in order to quail the discussion, there will be a lot of
10 December 30, 1997
emotional discussion over, you should not have an assessment because it does not benefit
property. Those issues have been addressed, you know, substantively, by both the Supreme
Court and the Legislature.
Commissioner Hernandez: Let... The reason I asked you the question is, and you have answered
my question, but in the past, and I have handled cases of this kind, they've challenged...
Mr. Lawson: Yes, sir.
Commissioner Hernandez: ... those special assessments that don't appear on the list of special
assessments in the State Statute. Reason being that, we have a situation where you have
attorneys that will challenge that once we have created an ordinance. And, the one that I have
read is, that this fee is going to be equal and or superior in dignity to mortgages, liens that have
been filed prior to this fee going into a default situation. What happens then?
Mr. Lawson: All assessments are of that type of superiority, because they are governmentally
charged. That is, that's the nature of the animal. As far as challenges go, sir, the significant
amount of this work are objective in providing the documentation to you, staff and your legal
staff. And, the way these documents are drafted, and I have no problem discussing this. We are
very open about how we do this. We even give a legal sufficiency discussion and cite the cases
for those who would like to challenge. Our objective is, to put the local government in a position
where you identify procedurally what you do and, then, when you go about setting your rates,
you make legislative findings. We try to assist you to comply with the law so that if you do get
challenged, you have no control over who challenges you. You could make your defense
effective and efficient by turning your documents inside out and using them as a checklist to
educate the judiciary in a situation with a challenge. Hopefully, you can do that with some
rejection procedures which are more efficient and chances are that you may end up doing that on
a trial basis. But, our best effort for you, is to assist you in including in these documents
appropriate findings so that you can be effective and efficient when challenged.
Commissioner Hernandez: OK. So, we don't spend too much time on the issue of the Fire
Assessment Fee, what modifications, revisions, what changes have been made? I know there has
a lot of talk about exempt versus non-exempt, and what non-exempt are now going to be
removed from the non-exempt list. Can you just brief us really quickly on that so we know what
we are talking about?
Mr. Lawson: As far as today's discussion goes, the ordinance will not address at all, the policy
issues of who and how you decide to exempt. And, sometimes that's a misnomer, because when
we talk about that, what we are really talking about is, this Commission making a public policy
determination that certain types or classes of property would otherwise provide benefits to the
community by way of meeting facilities or services from their properties that the City might
otherwise be asked to provide. And, on that basis, we have assisted several local governments in
exempting. What you are really doing is making a policy decision to pay their assessments from
the General Fund.
Vice Chairman Teele: Excuse me.
Mr. Lawson: Yes, sir.
Vice Chairman Teele: Would you just say that one more time, because that's the little footnote...
Commissioner Hernandez: Yeah.
Vice Chairman Teele: ... that is not clear in any of these documents...
11 December 30, 1997
Commissioner Hernandez: Yeah. Uh-huh.
Vice Chairman Teele: ... the press has never understood it, I am not sure I fully understand it.
But, I know that what you are saying is, we are going to write a check from General Funds and
pay everybody that everybody is talking about exempting. We are going to pay the fee.
Mr. Lawson: Yes, sir. There is no free lunch.
Vice Chairman Teele: There is no free lunch.
Vice Chairman Teele: So, churches, synagogues, that I am in totally in support of figuring out a
way to exempt, we are really not exempting them. We are going to write the check and pay their
cost.
Mr. Lawson: Right.
Vice Chairman Teele: And, anyone else, including the federal government, if we exempt the
federal government buildings, in effect, we are going to write a check for the biggest and most
powerful government in the world, and pay their fees. Is that right?
Mr. Lawson: Yes, sir.
Vice Chairman Teele: All right.
Commissioner Plummer: Now, well, 1, 1, you know. Yeah, that's true, but where is that check,
the balance of that check coming from? And, that's the ad valorem taxation that has always been
paid for the fire fee.
Mr. Lawson: Not necessarily. It will be substantially from that, but remember your General
Fund is funded significantly by ad valorem but by a lot of other fees and charges.
Vice Chairman Teele: The majority is non ad valorem.
Commissioner Plummer: Up until this so called "fire fee" was put into place, the entire check
for Fire and Rescue was paid for from the General Fund.
Vice Chairman Teele: Right.
Mr. Lawson: Yes, sir. Yes, sir. But, remember, your General Fund is composed...
Vice Chairman Teele: Yeah, but that's the... But, Commissioner, that's the whole point.
Mr. Rallason: Right.
Vice Chairman Teele: That's the whole point. I mean, I respect what's happened in the past, but
if we go forward today, that becomes a historical footnote. As of the adoption of this ordinance,
the funding for the Fire Department, Fire and Rescue services, will be primarily from an
assessment.
Mr. Lawson: Partially.
Vice Chairman Teele: And, a special assessment...
12 December 30, 1997
Mr. Lawson: Yeah, partially from the assessment.
Vice Chairman Teele: And, the loss, and the funds that are not which will be about 42 percent
will come from the General Fund which is ad valorem and non ad valorem dollars which are fees
and all sorts of other things.
Commissioner Plummer: And, the next time it will be for police.
Commissioner Hernandez: I have a question, a legal question for our City Attorney as well as
for you, sir. I have a problem always when we are treating different groups differently,
obviously. I would guess to say that that would be the biggest argument that we would have to
derail this fire assessment fee. And, when we talk about possibly exempting places of worship
and or paying back money what happens to the other groups that feel that they are being treated
differently?
Mr. Lawson: Let me address that, but, can I...? So, we stay in contact, remember today's
meeting is Notice Intent...
Commissioner Hernandez: Right.
Mr. Lawson: ... procedural ordinance and now we have we have hopped into the third issue
where we are beginning to get policy formulation on how we set the original resolution, just so
we speak in context there. Your question is, how do we deal with the exceptions and can a
failure to... for the "process of providing exemptions," and I can put quotes around that, derail
the program. Our objective in preparing this program is to create the assessment, the whole
program, so that it is defensible. Whatever you do as a matter of public policy and whatever
justifications you have for making that policy decision to pay an assessment for an individual
property owner or a class of property owners, we want to make as a separate decision so that if
that action is challenged, on an unequal protection or an establishment basis, that that is the focus
of that challenge and not your Fire Rescue Assessment. And, that goes back to the fundamental
issue that Mr. Sheets talked about earlier, those two elements to a Special Assessment: benefit
the property, I think I have addressed your question there, the courts have said they benefit
property, and fair and reasonable apportionment. So, on the assessment side, you can't pay for
those exemptions, if you will, on the backs of those assessments payers that have paid... out of
the assessment pool. However, what you can do, and what a lot of cities do is you turn to your
General Fund which is not restricted in such a way because when you pay taxes, those funds are
readily available for any public purpose. So, the decision that you make, you have to pick a
good public policy when you identify those classes of property, you have equal protection issues
and that will be a policy direction that will be difficult that you are going to help us with in the
next few days.
Chairman Hernandez: OK, well, the bottom line, the meeting that we are meeting here is we
have a deadline. The deadline is December 30th...
Mr. Lawson: For the Notice of Intent.
Chairman Hernandez: ... for the Notice of Intent. I would like to bring before the Commission
at this point in time, the issue if there are no further questions...
Commissioner Regalado: I have got a question.
Chairman Hernandez: Go ahead, Commissioner Regalado.
Commissioner Regalado: I think that it's important that we go on record because there are many
members of our community that are questioning the way that we are going to do this and we
13 December 30, 1997
keep deferring the controversial decisions. And the fact that we have read the administration
saying that churches and places of worship should be taxed may be misunderstood by members
of this community. So, I would, Mr. Chairman, I would... We don't have to vote on it, we all
know that. We are not doing that today. But, I don't know if we can just be on the record in
terms of this Commission expressing the will regarding taxing or imposing the Special
Assessment on churches and synagogues. And, then we clear one problem that we are going to
have starting today, if we don't go on the record until the public hearing, until we set the
assessment for every building in the City of Miami.
Chairman Hernandez: Well, that's a good a point. I mean, that's nothing we have to deal with
today, it's a strict policy issue that we will have to come up with in the near future. I think,, I
speak for myself at this point in time, but from what I have heard the spirit of this Commission is
to exempt places of worship. If any other Commissioners would like to just issue some kind of
comment on it.
Commissioner Regalado: I, Mr. Chairman. It's important and I know what you are saying but it
is important that we go on record, at least so we send clear messages of what we're trying to do.
And, I know that through the media we can do that but today, so, we are all here together, I just
wanted to say on the record that I will not be in favor of including the churches and synagogues
and places of worship. Now, we know that they are going to be assessed and, then, we are going
to pay but that's a very difficult explanation. The bottom line is, that the people should know,
we are not going to do it.
Chairman Hernandez: Yeah. Commissioner Gort.
Commissioner Gort: You know, this is something that has been with us for a long time. None of
us liked it. None of us wanted to approve it when we did approve it. But, when you look at the
reality, we need to balance the budget and one of the problems we have had in the City of Miami
for the past is, we provide service at a very low cost. We needed to... This is not a tax, this is a
fee for services that are looked at. We have all the major tax exempt properties, federal
government, State, City and County in here, and I think they should pay for the services. I recall
about a month ago, I was travelling to 12th Avenue, all of a sudden by Jackson Hospital there
were 12 police cars in there. There was an incident that took place at Jackson Memorial Hospital
and we had 12 police cars in there dealing with the problem at that time. And, I think they
should pay for it. At the same time, I agree with the comment that Commissioner Teele made a
little while ago, if they pay for the phone bills; they pay for electricity; they pay for that service;
they should pay it all across. And, I think we should make it even to everyone. I don't have any
problems, and if you recall, originally when this came out, we worked a lot with the public
sector. We worked a lot with the private sector and tried to bring it down to something that was
comfortable with everybody. And, the one commitment that we have made is, as soon as we
can, we will eliminate this fire fee as soon as we can, but at this time, we need to pass it. So, you
know, I am ready to make a motion.
Chairman Hernandez: Before...
Commissioner Gort: All we are doing today is passing the ordinance submitted.
Chairman Hernandez: Before we take a motion, Vice Chairman Teele.
Commissioner Plummer: Wait a minute, you...
Vice Chairman Teele: I yield to Commissioner Plummer, I want to hear his...
Commissioner Plummer: No, no. The only reason I was... According to your agenda there is a
public hearing on this.
14 December 30, 1997
Mr. Rollason: Right, on the Intent.
Mr. Lawson: Yes, sir. On the Motion of Intent.
Commissioner Plummer: Excuse me, I am going by the agenda before you make a motion.
Mr. Lawson: On the Motion of Intent.
Vice Chairman Teele: Yeah, but we are talking about policy on exemption.
Chairman Hernandez: Right, right.
Mr. Lawson: Yeah.
Commissioner Plummer: Oh, it is. OK.
Chairman Hernandez: Just basically your views on that, if you have any.
Mr. Lawson: Mr. Chairman.
Commissioner Plummer: Well, my views are very simple. I'm opposed, period Amen.
Chairman Hernandez: OK, Vice Chairman Teele. I will get to you now.
Vice Chairman Teele: Mr. Chairman, I am going to release a memo that basically notes the
tremendous work on the part of your professional staff, particularly the Interim Administrator -
Manager -and the outgoing Assistant Manager as well as the Chief, Chief Gimenez and his staff
and particularly the consultants who almost missed an important engagement over a telephone
conference call that was going on all day Saturday on this issue. Mr. Chairman, I think it's
important that the Commission know that even though this City is in turmoil in many ways,
we've got about 50 people that haven't been paid that have been working and we need to deal
with that later on this evening, late, it's the last item. But, there is a very high level of
professionalism that I think we sort of take for granted or we sort of not really give recognition
to. I also understand that our employees have not had a raise in several years. The point is this.
The staff, especially Frank Rollason and Bob Nachlinger and Chief Gimenez with their
secretaries and their assistants, et cetera, have worked around the clock since we were here last
through Hanukkah, through Christmas even through Kwanza to...
Commissioner Plummer: You light candles very well.
Vice Chairman Teele: ... to really effectuate this. As the consultant has said and I again make
note of the fact that not only this consultant but our external auditors, the Mayor's auditing
assistance team, the Financial Advisor, have all been in meetings with the Mayor, with the
Oversight Board Members, there has been a lot that's happened since this last meeting, and
many of us have had the opportunity to meet with them. I think it's very important that we
acknowledge that and I am going to do that now. But, as it relates to the exemptions, I have had
a real education and I am encouraged by what Commissioner Gort said today, or at least was
quoted as saying in one of our daily publications, whose name I wouldn't call out of respect for
people that are here. But, the fact is, that Commissioner Gort's children are going to get straight
"F's" in school...
Chairman Hernandez: Huh.
15 December 30, 1997
Vice Chairman Teele: ... but I support what Commissioner Gort is saying in terms of the fact
that we should have a very, very low tolerance as opposed to no tolerance on exemptions.
Because these are not exemptions. These are checks that we are going to write. Because the only
way that we can ensure that this assessment fund is constitutional, that we cannot exempt people
out of it, so we can make a payment based upon a public policy. The question becomes how
narrow can that public policy be. Well, I have thought and I continue to hope, that the public
policy would be so narrow that only churches and synagogues and places of worship were being
covered. The problem is, is that there is another article, Article I of the Florida Constitution that
basically prohibits, to some extent, us from providing certain benefits just for the Church. Is that
a fair characterization?
Chairman Hernandez: Uh-huh.
Mr. Lawson: Yes, sir.
Chairman Hernandez: It is.
Vice Chairman Teele: So, it means, that we can use that as a base, but it has to be more than that
otherwise we come under another challenge, a violation of the Church and State. The
consultants have offered several options and we will get into this in February. But, essentially, I
am prepared to support the churches, the synagogues, the places of worship and the tax exempt
service not for profits. And, that would include what, for example? It would include private
schools, small private schools, is that correct?
Chairman Hernandez: Parochial schools.
Mr. Lawson: Certain fraternal organizations that are also already exempt under property
taxation, things of that nature.
Vice Chairman Teele: And, the amount of money that we are talking about for them is
approximately...
Mr. Lawson: I have to turn to some of my numbers, folks. As, in your terminology, Vice Chair,
roughly about one point two million in checks out of the City fund.
Vice Chairman Teele: About one point two in checks.
Mr. Lawson: Yeah.
Vice Chairman Teele: Which is about the smallest unit that we have been able to find. I am also
prepared to advance the notion that we will exempt health care organizations such as Jackson
Hospital with the understanding that we will seek a voluntary payment from them in lieu of the
fee. Because, they truly provide indigent service, there is no question that they provide a service
across the board. So, we would be going in effect from churches, synagogues and places of
worship which would constitute about how much money?
Mr. Lawson: That's including... That's includes health care, the one point two.
Vice Chairman Teele: Inclusive which would be about three million dollars ($3,000,000).
Chairman Hernandez: Three million dollars ($3,000,000).
Mr. Lawson: No, the one point two is inclusive of both the...
16 December 30, 1997
Vice Chairman Teele: One point two. So, it's a very small exemption as you can see. But, it's
necessary to give something other than churches and synagogues to protect our legal standing on
that issue of Article I. And, I think there is ample evidence, particularly when you look at
Jackson Hospital and other health cares that provide truly, a service to indigent, that they are
providing an uncompensated service to the City of Miami and its citizens. Is that a fair
characterization?
Mr. Lawson: Yes, this is a line drawing exercise having to be done, as the Chairman mentioned
earlier, looking at groups or categories that have similarly situated, provide similarly situated
benefits or properties to the City, that the basis for your policy determination.
Vice Chairman Teele: And, Mr. Chairman, as it relates to Federal, State and County agencies, I
would maintain particularly that those agencies (A) are able to pay and (B) derive such a benefit
that to exempt them would really do violence to any public policy particularly when you have a
disproportionate draw down of the services such as rescue services in public schools and in
public housing. The public housing numbers are pretty much off the chart that we use for these
services and while there some other legal issues such as an agreement that may have been
entered into by the City, in 1969, that says "in lieu of paying anything, we are going to pay you
one hundred thousand dollars ($100,000)." The assessed amount for public housing alone would
be about three million dollars ($3,000,000). Two point...
Mr. Lawson: Two point two.
Vice Chairman Teele: Two point two million dollars ($2,200,000). So you can see, you know,
the difference here is, whether or not we are really serious about protecting the citizens and
minimizing the General Fund cost because I would like to associate myself with the remarks of
the Mayor. Is that if we do this right, we will be able in out years, to bring down property taxes
which is the point that Commissioner Plummer is raising. If we do this right, we will be able to
reduce property taxes in two to three years once we have established what the baseline is. And,
we will also be able to address the most important area of the fire agency which is the capital
needs. Based on this program, the capital needs which are approximately sixteen million dollars
($16,000,000)) would be retired at the rate of approximately two million dollars a year
($2,000,000) which in effect means that the citizens are going to get a first class Fire Department
again, as we have had before the condition of our equipment began to deteriorate. So, I don't see
how anybody who is really for the Fire... I don't see how our citizenry who really want to have a
great Fire Department should complain because we are going to make a commitment as a part of
the budgetary process to bring and restore the capital program of the Fire Department to a state
of the art. If you exempt, you basically are, not only going to write a check but you also are
reducing something that's going to be done within there. And, the first thing that's going to go, I
can tell you, is going to be capital because that's why we are in this box now.
Chairman Hernandez: All rightee.
17 December 30, 1997
----------------------------------------------------------------------------------------------------------------
3. BRIEF COMMENTS CONCERNING IMPACT ON SERVICES IF SOLID
WASTE FEES IS ELIMINATED -- DISCUSSION CONCERNING
PROCEDURE OF PUBLIC HEARING -- FURTHER INSTRUCT
CONSULTANTS TO OBTAIN COMMISSIONERS INDIVIDUAL INPUT ON
SAID ISSUE -- APPROVE PROPOSAL EXPRESSING INTENT TO USE
UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL
ASSESSMENTS LEVIED TO PROVIDE FIRE RESCUE SERVICES AND
FACILITIES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I have a simple question of the Manager. Under this proposal, who is
going to write the check for the Sanitation Department?
Mr. Frank R. Rollason (City Manager): Who is going to write the check to pay for Solid Waste?
Commissioner Plummer: Who is going to write the check to pay for the Solid Waste? That fee
is being eliminated, am I correct?
Mr. Rollason: Anything that is outside of this fee will be from the General Fund, whether it be
ad valorem or it be through whatever fees come that...
Commissioner Plummer: Sanitation fee is being eliminated.
Mr. Rollason: In the five-year plan that we have...
Commissioner Plummer: Yes.
Mr. Rollason: ... there is no sanitation fee.
Commissioner Plummer: Right, which there was previously.
Mr. Rollason: But, that issue is going to have to be visited separately by the Commission to
determine what action you are going to take because at this point the ordinance that enables the
collection of Solid Waste fees is still in place and we are holding those bills until some action is
taken by this Commission.
Commissioner Plummer: OK, I just want to know if that action takes place, then that fee will be
paid for by the General Fund.
Mr. Rollason: That is correct.
Commissioner Plummer: Thank you, sir.
Chairman Hernandez: Before...
Vice Chairman Teele: But, but... Mr. Chairman.
Chairman Hernandez: Vice Chairman.
Vice Chairman Teele: Mr. Chairman, with all due respect. That fee is paid for now from the
General Fund.
18 December 30, 1997
Commissioner Plummer: No.
Vice Chairman Teele: Wait. Commissioner, trust me. You have got...
Commissioner Plummer: Part of it is.
Vice Chairman Teele: The reason we are in this financial emergency is largely because of that
kind of bookkeeping. And, those external auditors will tell you that that fee as an enterprise fund
has been eliminated because under State law and under accounting principles, if you have a fee
that doesn't pay for itself, you cannot maintain it as an enterprise fund. So those funds that are
collected are no longer collected and put in a Solid Waste fund.
Commissioner Plummer: But, you still, with the Fire Fee, you're talking that it will only pay 45
percent...
Vice Chairman Teele: It's a...
Commissioner Plummer: ... of the actual cost.
Vice Chairman Teele: It's a different accounting technology. But, the point is this, there is no
Solid Waste fee that writes the checks for Solid Waste today.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: And, that's what the new external auditor... And, that's what the lawsuit
is about. The lawsuit with Deloitte essentially is about that kind of core issue and that is, that
this Commission was not aware that this fee was so in deficit and that the fund was so in deficit
that we were not appraised as to the true condition of the City's finances. And, as a result, that
fee has been merged and washed away into the General Fund. And, I want to be on record that I
believe that, and I know that Commissioner Regalado said this on last meeting and I want to
associate with that. I think the issue of the Fire Fee is, of the Solid Waste collection fees which
are currently in placed, it's something that we ought to visit and that we ought to make a
decision on. But, I don't think... I am going to voting in support of totally eliminating that.
Commissioner Plummer: Commissioner Teele for the record, for those who are not here to
speak for it, it was proposed on any number of times that the sanitation fee was inadequate.
And, was proposed that that fee be proportionally increased to meet the demand of what the fee
was required to bring it to a self sustaining level. I can tell you the arguments came here loud
and long that the one hundred and sixty-six dollars ($166) was roughly half of what was
necessary and was still less than what others were paying. So, it wasn't silent. It wasn't the
auditors telling us. We knew, but you could not get three votes up here to increase that fee. So,
you know, I am not disagreeing with you, I am just bring you a little piece of history that it did, it
was never silent.
Vice Chairman Teele: Commissioner, let me tell you, please, with all due respect. I don't want
to hear any history for me. If you want to give it to the public, fine. Because, what you have just
done, and I don't know why the City Attorney hadn't said anything, is that basically you have
just began a process on a litigation matter in which the citizens of Miami have the potential of
recovering tens of twenty... millions of dollars. You've just basically began to espouse a classic
and brilliant defense as to why the accountant shouldn't pay us one dollar ($1).
Commissioner Plummer: Well, I think the facts speak for themselves and the truth will prevail,
and the record is very clear. So, it's not what I have said anymore than what's been in the record
for years.
19 December 30, 1997
Vice Chairman Teele: Well, that... The lawsuit is what you knew and when did you know it.
Commissioner Plummer: I hear you.
Vice Chairman Teele: And, it's going to be a question not of the Commissioners that are here
but the Commissioners that were there when this action was being taken.
Commissioner Plummer: Correct.
Chairman Hernandez: All right, let's move on. Do we have any other questions for this
gentleman before we open it up to the public for any comments that anyone would like to make
on this?
Mr. Lawson: I would like to make a statement. Commissioner.
Commissioner Plummer: Well, are you going to make a determination? I thought that's what
you were going to do as to whether or not there were exemptions or not and you were going to
make that determination?
Vice Chairman Teele: No, we are not. We are just not going to do that.
Commissioner Plummer: You are not. OK.
Mr. Rollason: Commissioners, Mr. Lawson has some closing comments he wants to make and
then we will get into the public hearing on the ad valorem taxes.
Mr. Lawson: This is strictly procedural, Mr. Chairman. Please be reminded that the public
hearing is very narrow in its focus. And, the only issue before this board today is whether or not
you preserve the ability...
Chairman Hernandez: Notice of Intent.
Mr. Lawson: ... to use the tax bill collection method. All the policy issues come later.
Chairman Hernandez: Correct.
Mr. Lawson: And, it's your... at your discretion...
Chairman Hernandez: Correct.
Mr. Lawson:... the scope of the comment.
20 December 30, 1997
-------- -------------------------------------------------------------------------------------------------------
4. (A) DISCUSS / EXPRESS INTENT TO USE THE UNIFORM METHOD OF
COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED TO
PROVIDE FOR FIRE -RESCUE SERVICES AND FACILITIES.
(B). PUBLIC HEARING ON NOTICE OF INTENT TO PLACE FIRE
ASSESSMENT FEE ON MIAMI-DADE COUNTY TAX ROLLS.
(C). PROPOSED FIRST READING ORDINANCE: CREATE CHAPTER 19.5
OR CODE ENTITLED "FIRE -RESCUE ASSESSMENT" --AGAINST
PROPERTY IN MIAMI -- ESTABLISH PROCEDURES / DEFINITIONS FOR
IMPOSING ASSESSMENTS -- PROVIDE FOR LIEN ON ASSESSED
PROPERTY -- AUTHORIZE IMPOSITION OF ASSESSMENT ON
GOVERNMENT PROPERTY -- PROVIDE FOR HEARING OFFICER --
FURTHER PROVIDE FOR EFFECTIVE DATE OF SAID ORDINANCE TO
BE IMMEDIATELY UPON ADOPTION.
(D). DISCUSS PROCEDURAL STEPS NEEDED FOLLOWING PASSAGE OF
PROPOSED ORDINANCE WHICH WOULD REQUIRE COMMISSION
REVIEW -- SEE LABELS 2 AND 9.
----------------------------------------------------------------------------------------------------------------
Mr. Rollason: Where I would like to go forward with this is that... First of all, let me say this, if
we can put this critical event schedule away. When you look at the second item that is on there
for today, it's policy direction from the City Commission. What the consultants are going to do
along with staff, are visit each of you individually to discuss some of the issues on a more
indepth basis so that they can get direction from you individually as they start to formulate will
be coming to you. So, those visits are going to take place next week and we will contact your
office to set those schedules up to come and meet with you. All right, what I would like to do
now is bring the Fire Chief up, Chief Gimenez, and have him as he presented... This has been
presented to the Commission once before, was voted on by the Commission once before. The
reason it is coming back is that it has to be done in the year previous to the implementation of the
fee. So, therefore, the last time that this was done would have been for this year and the fee was
not put into place, so we have to go through the process again. I will have the Fire Chief make a
brief presentation to you on the essence of the issue and then you can handle it, open it up to the
public.
Fire Chief Carlos Gimenez: Well, as Mr. Lawson has stated that the issue before us today is
very narrow in scope and it's really the ability for this, for the City to place the... any future, next
year's Fire Fee on the tax bill. And, we need to do that before the end of the year and this places
the County on notice for us to do that.
Chairman Hernandez: Quinn.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Chairman Hernandez: I have a question before we open up to the public. That's fine, Chief
Gimenez.
Fire Chief Gimenez: OK.
Chairman Hernandez: There are two ordinances...
Mr. Jones: Yes.
21 December 30, 1997
Chairman Hernandez: ... dealing with appellant procedures. One that was recommended by
Vice Chairman Teele and one that was originally drafted by your office.
Mr. Jones: Uh-huh.
Chairman Hernandez: What is the difference, because I was reading yesterday, both ordinances.
Where does the difference lie...
Mr. Jones: OK.
Chairman Hernandez: ... under different sections of the ordinace.
Mr. Jones: The sole difference, Mr. Chair. I don't know what draft you had, but the sole
difference would be in the...
Chairman Hernandez: Nine twenty-two one and 9222?
Mr. Jones: Yes.
Chairman Hernandez: OK.
Mr. Rollason: If I could just jump in here for just a second. Do we want to get into this issue on
the enabling ordinances or do we want to finish out on just the ad valorem issue with the public
hearing and then close that and...? We are getting into the second... Item C right now, which I
figured we would discuss the actual Fire Fee enabling ordinances and the differences thereto. I
mean, if you want to get into that, fine. But, I just thought that we... with the public hearing on
the ad valorem issue...
Chairman Hernandez: I just want to know what the difference is.
Mr. Jones: Yeah.
Mr. Rollason: OK.
Chairman Hernandez: It's that simple and we move on.
Mr. Rollason: OK. All right.
Mr. Jones: Yeah. Yeah, the basic difference is, one version has a provision for a Hearing
Officer and the other version doesn't.
Chairman Hernandez: Which one is Vice Chairman Teel's...
Mr. Jones: The one that has the provision for the Hearing Officer.
Chairman Hernandez: Hearing Officer.
Mr. Jones: Yes.
Chairman Hernandez: OK.
Mr. Jones: Yes.
22 December 30, 1997
Chairman Hernandez: Yeah, sure.
Unidentified Speaker: [inaudible -- off microphone]
Chairman Hernandez: OK, Right, which is the equivalent of what we did with the ticketing
ordinance, where we have a Hearing Officer and that way it keeps it off from the Commission...
Mr. Jones: So, they won't have to come...
Chairman Hernandez: I think that... right.
Mr. Jones: That's correct, Mr. Chair.
Chairman Hernandez: And, that's 9222, correct?
Mr. Jones: Yes, slash two.
Mr. Rollason: That is correct and that is the ordinance that staff is recommending that that be
adopted.
Chairman Hernandez: Is there anyone here that would like to make a comment on us, bringing
before, basically approving a Notice of Intent on bringing this before collection through the
normal tax venue? You have two minutes, please. If you could keep your comments strictly, not
on the policy issues that we will be tackling sometime in the near future, but basically on us
putting... setting forward our Notice of Intent of placing it on the tax bill.
Mr. Mariano Cruz: I am in favor to this fee because I think there is no free lunch, and everybody
have to pay. Jackson have to pay, I vote specifically on the Jackson issue because the County...
What do we get from the County with seventy million dollars ($70,000,000) more that we pay to
the County, on the Countywide tax? I don't think we get anything from the County. But,
anyway we have to be paying, paying, paying. And, I thought... I remember once, that I was
there and there was a serious material leak and there were 13 apparatus from the City of Miami
there at Jackson.
Chairman Hernandez: Mr. Cruz, let me stop you a second.
Mr. Cruz: Yeah.
Chairman Hernandez: I know what you are saying. You are going to have an opportunity to
voice those concerns in January. Are you in favor or against us voting to file this Notice of
Intent on this ordinance?
Mr. Cruz: To the State?
Chairman Hernandez: Yes.
Mr. Cruz: To the Department of Revenue?
Chairman Hernandez: Yes. No, no, Dade County. Dade County.
Mr. Cruz: Well, if that is the... Dade County person, yeah, I am in favor of that because that's
the right way of doing things. Also, I would like to know because I see consultants here and
lawyers and that. How do we get those lawyers and consultants? Who is paying for them? And,
how they get to be here and all that? Because, I understand, somebody told me that could be a
23 December 30, 1997
possible conflict of interest, somebody, one of the lawyers own some of the consulting firms, to.
I don't know, I mean, I don't know much about this law thing, but since I am a taxpayer, and I
live within the City limits...
Chairman Hernandez: OK.
Mr. Cruz: ... many of the people come here to do business with Miami, I am tired of that, make
money off Miami and they don't even live in Miami.
Chairman Hernandez: Thank you. Mister... can you just respond to that?
Mr. Mark Lawson: Yeah. Again, Mark Lawson with Nabors, Gibler and Nickelson. You have
a consulting group that it says here is composed of three entities. Nabors, Gibler and Nickelson
is a law firm, is one of them. Another entity is David M. Griffith and Associates, they are a
national cost consulting firm. A third firm, Government Services Group is affiliated with our
law firm, they are non -attorney professionals. The law firm has an interest in that, that was fully
disclosed in the contract. We've.. We defend these all around the State. We have already had
the issue where someone tried to bring that issue up in front of a court in Broward County and
the focal issue was, you know, you can't have lawyers involved with consultants, and the court
ruled on that. The court said that you made full disclosure up front and certainly the
Commission is aware of that in the documents they have adopted and I am happy to disclose that
to once again, but it was done months and months ago.
Chairman Hernandez: Thank you very much. State your name and address for the record,
please.
Mr. Ralph Slonim: I am Dr. Ralph Slonim. I live at 1581 Brickell Avenue, I am speaking
against the resolution. The concept of assessing a Fire Rescue Fee came about as a substitute for
raising the City's garbage fee to a more realistic level as recommended by Acting City Manager
Merrett Stierheim. He pointed out that the below cost garbage fee meant that other City
taxpayers were subsidizing the City's 62,000 duplex and single family home residence. Since
the Commission was unwilling to increase the fee to cover the actual cost, they decided to access
a Fire Rescue Fee across the board against all residential units as well as commercial, industrial,
warehouse and institutional properties. This may sound fair, but it isn't. What actually
happened was, that then all of the single family homes, duplexes and three to four unit apartment
buildings were relieved of their garbage pickup fees. So, that there is no net financial impact on
them. Meanwhile, condo owners are charged a new fee of one hundred and sixty dollars ($160),
on top of the fees they must pay private haulers to pickup their garbage. To add insult to injury,
the condo garbage fees were subject to an additional exise tax. People who live horizontally in
single family homes still pay one hundred and sixty dollar ($160) fee or as before, which covers
their Fire Rescue Fee and the garbage fee even though the actual cost of the garbage pickup is
about twice as much. But, those of us who live vertically in condos will have to pay one
hundred and sixty ($160) dollars more per year just for the Fire Rescue Fee plus the true cost of
our garbage pickup by private vendors. This is clearly unfair. Also, it appears to be an attempt
to evade the ad valorem tax cap. Thank you.
Chairman Hernandez: Can you state your name and address for the record, please?
Mr. Malcolm Wisehert: Yes. Good morning, my name is Malcolm Wisehert and I have an
office at 2840 Southwest Third Avenue. I am an attorney, I represent a rental service company
which is in the business of providing low cost housing on a non -subsidized basis. On the narrow
issue of whether or not the Commission should vote for the uniform method of collection of non -
ad valorem tax assessments, my suggestion, my thinking is that it should. But, I think what's
very important here is to go back to something eluded to by Commissioner Plummer which is all
24 December 30, 1997
of these matters, the cost, the fees, the amount that someone is asked to pay would have to be
considered at the same time. Now, a moment ago, Mr. Sheet, or Mr. Lawson commented in
favor of the proposal and the argument was, the statement was made and I am sure it's accurate,
that this method that you are about to vote for is a highly efficient method. And, it's highly
efficient for the simple rason, that the taxpayer is put in the do it all or do it nothing position.
There is no way that once you have a combined uniformed tax bill including these non -valorem
assessments that a property owner can opt out of anything. He either pays his taxes, this fee
included or he doesn't. And, if he doesn't the property goes to a tax sale eventually, tax
certificates first and then a sale for the tax deed itself. Now, where this can back fire, is that if
the fees in any particular category, for example, low cost housing, and Commissioner Regalado
has referred kind of indirectly to an equity question and suggested I believe, indirectly, that
maybe one way to approach the fee is to use apartment units, rather square footages rather than
apartment units. That's one inequity. It's doubly regressive tax. The homeowners, for the
reasons the previous speaker just said, don't pay anything of the cost. But the apartment
dwellers will pay 160. Now, at the low end of the apartment scale, units sell for and are assessed
around five thousand dollars ($5,000). That, times 30 Mils is over the fee that you are charging.
So, in other words, in one full scoop you have a doubling of the fees. The disadvantage of this
collection is that it can provoke a massive giving up and unless the equity, unless to use Mr.
Teele's comments, unless the net is spread wider and taxes, the fee is reduced, there is a
possibility of provoking, Allah New York, ala Washington, massive abandonment of low cost
housing. There are approximately 100,000 such units charging three hundred dollars ($300) less
than the County and a large portion of that is within the City. It would be ashame to provoke
that to put property owners in a position of saying you pay everything, or you basically milk the
property, don't pay any taxes for a couple of years, recoup your investment and add to the list of
vacant and unpaid for property that the City will take over. And, paradoxically, the City under
those circumstances is doing efficiently losing its current ad valorem taxes.
Chairman Hernandez: Thank you very much, sir.
Mr. Wisehert: Thank you.
Chairman Hernandez: I invite you back on January 13th and February 10th where we are going
to be reading the first and second, OK.
Mr. Wisehert: I appreciate it. Yes, I know I have gotten into that somewhat.
Chairman Hernandez: That's all right.
Mr. Wisehert: Thank you.
Chairman Hernandez: Two minutes, ma'am. State your name and address for the record.
Mr. Eva Nagymihaly: Hello, my name is Eva Nagymihaly and I live at 3110 South Miami
Avenue. I would like everything to be fair and good, but obviously it is not, and this definitely is
not fair and is not good because as an ad valorem tax it should effect and affect positively
everyone. Right now you have apartment building owners paying a disproportionate amount
because of the unfairness. There is regulations in there that says, 1969 ruling the City cannot
collect from the County. It cannot collect from public housing. In the beginning it was said that
public housing calls in Fire Rescue ten times greater than any other area. So, if you're asking the
apartment building owner to pay for public schools, public housing, institutions, it is not fair.
Not only that, an efficiency is not the same as a four bedroom apartment. You have put a tax fee
whatever you would like to call it on the unit and not on square feet where everyone else gets
square feet. If you want to make this correct, redo this, do this correctly and fairly or impose a
total different kind of fee which affects everybody and not the apartment building owner by
himself. Thank you.
25 December 30, 1997
Chairman Hernandez: Thank you, very much. Name and address for the record.
Ms. Judy Clark: Hi, my name is Judy Clark. I live at 5930 North Bayshore Drive.
Chairman Hernandez: Start the clock again.
Ms. Clark: OK. First of all, I firmly agree with the comments that have been made here today.
As the owner of a number of apartment buildings, I am prepared to pay, I am not happy about it,
but I am prepared. However, and I will return on the January and February dates. I want all of
you to understand that the impact to me, the impact, the most, the greatest that you... that this
tax will affect, the people that this will affect is the poor people. Most of the property owners
especially apartment building owners will be able to pass on the fee. You give me a fee for one
hundrd and sixty dollars ($160) per unit, per year in a 20-unit building, that's a lot of money, I
am going to pass it on to the tenants. Within this City itself, are some programs that are called
multi -family rehab programs. These are federally funded programs. These programs provide for
low income housing on a rent controlled basis. You can't pass the fee along. After talking to a
lot of the different City Managers over the last little few months here, I didn't really get
anywhere, that's one of the reasons I am here today. One of the men told me, just pass it along.
With that answer, I then went to HUD (Housing and Urban Development) and I want to tell you
what HUD said. What HUD says is if that's the kind of answer you're getting then the people
there don't understand the problem. The problem is that you have a lot of poor people here and
in some instances we landlords, are not even allowed to pass the tax along, not that we even want
to. This affects the poor. Thank you, very much.
Chairman Hernandez: Thank you, very much.
Mr. Peter Sobel: I'm Peter Sobel of 421 Northwest Third Street. I am a property owner, have
been for 30 years in the City of Miami. They, the newspapers had published a figure of one
hundred and sixty-two dollars ($162) I believe, per unit. I, and they are making the property
owner be the one to pay the whole, for every unit to pay the total amount. I don't think that's
proper. One unit isn't another, like another, as we notice some units are four bedrooms and other
units are efficiences. So, I feel that using units is not proper. I think it would certainly more fair
if you actually made the tenants pay their fair share of this rather than the landlord be charged
and, then, have to try to collect it from the tenants. And, the thing that bothers me about these
ordinances is, it gives the City the right to make the property owner start paying right away not
necessarily have to wait until November to get a bill. That you could start assessing the
proeprty, let's say in February, for one hundred and sixty-two dollars ($162) and have me pay, or
the property owner pay, for every unit times one hundred and sixty-two dollars ($162) in
February. Is it my understanding that this, the copies that were given to me yesterday provide
for that? You could, you don't have to wait for the November bill for the tax, you can actually
start collecting it in February, is that true, as soon as this is passed?
Chairman Hernandez: That's correct.
Mr. Rollason: That's correct bills will go out in March and
Chairman Hernandez: That's correct.
Mr. Rollason: Yeah, but the first year will be us, we'll be doing the billing.
Fire Chief Gimenez: We will be sending a separate bill after implementation.
Mr. Rollason: That's correct.
26 December 30, 1997
Mr. Sobel: Yes, but it you send a separate bill, how can I get my tenants to raise their rents to
pay for this fee? You know, you don't get... There is no opportunity. If you want to collect it in
March... Now, I could understand if it was going to be collected in November and I would start
raising everybody's rent starting let's say February 1st, and we raise their rent proportionately so
they finally, you know, the tenants themselves give me enough money to pay for the hundred
and sixty-two dollars ($162), assumming that's what the rate is going to be. But, if you bill me
in March and expect me to pay in March, I don't have an opportunity at all to get it from my
tenants who are the ones who are benefiting from the Fire Rescue services. The landlord is put
in an honorous position of having to pay, like for a 20-unit building, over three thousand dollars
($3,000) in one month, otherwise be liened and not given an opportunity to collect it from the
people who get the services which are the tenants.
Commissioner Plummer: But, you will know in February. You will know in February.
Mr. Sobel: Yeah, but it's going to be substantial, because from what I understand, you are short
of money.
Commissioner Plummer: Yeah, but you don't collect all the rent for the year in one time. You
collect one-twelveth of the rent, so it's not that substantial.
Mr. Sobel: Well, I just get one twelveth at the same time I have to pay the full year in let's say,
if you sent the bill to me in March, I have to pay the whole 12 months in March, or as soon as
it's due. Is that correct?
Commissioner Plummer: That's correct.
Commissioner Regalado: Well, can he have, can he have? Sobel.
Mr. Sobel: But, where does that put me? Where do I get the money? I can't get it from it from
my tenants. I have to take it out of money I might or might not have in my savings account.
Chairman Hernandez: OK.
Mr. Sobel: My own personal savings account.
Chairman Hernandez: I invite you back January 13th when we are going to discussing these
policy issues. OK?
Mr. Sobel: Well, I think that before you even go ahead on this ordinance with regard to
whatever is going to be motioned, I guess you are going to try to get through today, the first
reading, I don't think that... I think you should...
Chairman Hernandez: That's not what we are doing today, sir.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes, Mr. Vice Chairman.
Mr. Sobel: I understood there were two readings...
Vice Chairman Teele: Mr. Chairman.
Mr. Sobel: ... and one reading was going to be today.
27 December 30, 1997
Chairman Hernandez: No, your two minutes are up.
Mr. Sobel: And, one was going to be February the 13th, I mean January the 13th.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes, Vice Chairman.
Vice Chairman Teele: Mr. Sobel is correct in what he's saying, but he's perhaps a year early.
Because, what this ordinance is before us now, is to do what you are saying do. And, that is, this
ordinance is effective October of 1999.
Mr. Sobel: That isn't... I read... I don't read that, I read the ordinace.
Vice Chairman Teele: Or actually, July. Actually July, listen, hold on one minute. We are
talking now about one thing, and that is a methodology of collecting. This methodology of
collecting that we are debating and discussing now, this public hearing will not be used in the
current calendar year. It has no appliability to this year. That is...
Mr. Sobel: Ninety-seven is over with.
Vice Chairman Teele: It has no applicability to October 1, of 1997 through September 30th of
1988, OK. This ordinance that we are discussing now will only come into effect literally in July
of 19...
Fire Chief Gimenez: Ninety-eight.
Vice Chairman Teele: Ninety-eight.
Fire Chief Gimenez: Well, it's '98-'99 fiscal year.
Vice Chairman Teele: For the FY'99 fiscal year. So, what we are debating, what we are talking
about now is the way we will be collecting this assessment for the FY'99 fiscal year which
begins in October of '98. So, you are right, this ordinance will not be retroactive. The problem
that you are raising is a very real philosophical problem that goes to how we are going to collect
this year which is not the subject of this ordinance.
Mr. Sobel: No, no. You are going to collect it ninety... We are talking about 98.
Mr. Rollason: This resolution, you are correct.
Mr. Sobel: You are going to start collecting this in '98, as I read this. This is... I have a copy.
Vice Chairman Teele: We are going to collect it in this fiscal year '98. But, we are not going to
use the tax rolls to collect it this year.
Chairman Hernandez: Ninety-eight, ninety-nine.
Mr. Rollason: Ninety-eight, ninety-nine.
Vice Chairman Teele: You see what I am saying?
Commissioner Plummer: In other words who is the bad guy?
28 December 30, 1997
Mr. Sobel: No.
Vice Chairman Teele: It will not be... This ordinance that's before us now, is to authorize the
City Manager to negotiate with the County Tax Collector or Assessor and the Constitutional
Officers, to use the tax bill as a method of collecting beginning in 1998 for the year 1999.
Mr. Sobel: Well, I understand the ad valorem taxes come out in '98, in November '98. We are
in agreement on that.
Vice Chairman Teele: They will come out... The bill will come out...
Mr. Sobel: We all know, we all get out bills.
Vice Chairman Teele: The bill will come out, I believe, in September of '98.
Fire Chief Gimenez: Ninety-eight.
Chairman Hernandez: Correct.
Mr. Sobel: November is...
Vice Chairman Teele: The notice...
Chairman Hernandez: No.
Vice Chairman Teele: The notice, the Trim notice will come out in July of '98. But, this is,
application is '99. The year you're in now, what that you're complaining about, this method will
not be used to collect.
Mr. Sobel: We are talking about '98. It's going... I understood from what I read here, in these
ordinances that are before you, and I have got copies, I got them late yesterday, that they are
going to be trying to collect it in November when the bill, tax bill comes out in November of '98,
that this will be included...
Vice Chairman Teele: That's correct.
Chairman Hernandez: That's right. That is correct.
Mr. Sobel: ... in addition to the tax bills...
Vice Chairman Teele: In November, in November.
Mr. Sobel: ... in November. All right.
Chairman Hernandez: Right.
Vice Chairman Teele: Yeah. But, the year we're in now, this will not be used because it's
already...
Mr. Sobel: Well, yes. We only got a couple of days left in this year, so I am not really worried
about this year.
Vice Chairman Teele: He's absolutely confusing.
29 December 30, 1997
Vice Chairman Teele: Well, let met just tell you this, I don't want to mislead you. If you are
worried about '98, you better be worried about '97, too, because we are going to collect 100
percent of the... whatever is agreed upon in '97-'98.
Commissioner Plummer: By a different method.
Mr. Rollason: I think the confusion is, we are going do that with a separate billing...
Chairman Hernandez: Right.
Mr. Rollason: ... from the City and that is what the Vice Chair is saying, it will not be...
Commissioner Plummer: It will be different.
Mr. Rollason: ... through the advalorem process.
Mr. Sobel: OK.
Mr. Rollason: It will be from a bill from the City of Miami.
Mr. Sobel: All right let's assume the one hundred and sixty-eight, two dollars that was
mentioned in the newspaper was supposed to be... You are saying that in '98, 1 as a property
owner is going to get a bill for let's say 20 units, over three thousand dollars ($3,000), to be paid
in 30 days to the City for this Fire... I mean, is that the plan? Is that what this calls for.
Fire Chief Gimenez: That's correct.
Vice Chairman Teele: You have got six months to pay.
Fire Chief Gimenez: These...
Vice Chairman Teele: He gets the early deduction in...
Fire Chief Gimenez: The current schedule says that we will be... we will have the bills out by
March 1st, and they will become due by April 1st.
Mr. Sobel: And, they're delinquent by when?
Fire Chief Gimenez: By April 1st.
Mr. Sobel: Delinquent by April 1st, you can lien me for the three thousand dollars you are going
to send me.
Fire Chief Gimenez: That's correct.
Vice Chairman Teele: But, that's not the subject matter of the ordinance we are talking about
now.
Mr. Sobel: Well, it relates to it very closely. I mean, you can, you can, you know, say well, we
are only doing a policy and that's going to hit you later. But, you know, we are all in... you are
putting us in a crazy boat where we are going to pay for every unit we have an assessment before
we have a chance to even raise rents and collect it from the people. And, I happen to have, you
know, very low price building. So, you know, it's... And, I know there's a lot of people in this
30 December 30, 1997
City that are going to be hurt very badly. It's going to be... They are not going to be able to pay
this the way you are planning it, it's too sudden. You're not giving us a chance to collect it and
raise our rents accordingly so that we can orderly pay it based on rents that we receive. We can't
pay it on... And, people are locked into leases. What about all the people that have the lease?
Chairman Hernandez: OK, Mr. Sobel, your two minutes are up please.
Mr. Sobel: You are hitting landlords before they have a chance to change the lease.
Chairman Hernandez: Mr. Flowers.
Mr. Sobel: OK, thank you.
Mr. Charles J. Flowers: Good morning, Commission and Chair. Charles J. Flowers, Chairman
of Overtown Advisory Board and a citizen and resident of Miami. I support everything in
theory. I support the Commission. I support the previous speakers prior to my arriving here.
There are mixed emotion on this tax. My concern is, after reading the paper, you're making
single family units, you're making condos, I don't live in either. I live in a townhouse, so it
seems as though we are all townhouses exempt from what I read in the Miami Herald.
Townhouse is not a condo. Thank you, I support the Commission.
Chairman Hernandez: Thank you, Mr. Flowers.
Fire Chief Gimenez: They are treated as residential, same as a single family home.
Vice Chairman Teele: Is a condo, that he lives in...?
Fire Chief Gimenez: He said townhouse.
Vice Chairman Teele: But, it's a condominium, right?
Mr. Flowers: No, sir. Townhouse.
Chairman Hernandez: Townhouse.
Vice Chairman Teele: OK, so a townhouse is treated as a...
Fire Chief Gimenez: Single family.
Vice Chairman Teele: ... single family?
Fire'Chief Gimenez: Yes, sir.
Chairman Hernandez: Is there anyone else who would like to comment on this public hearing?
This public hearing has been closed.
Vice Chairman Teele: Mr. Chairman?
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, only to preserve the record, I would like to comment on
several comments that have been made. First, and foremost I am in philosophical agreement
with Mr. Sobel. This is a very painful decision that we are making, the four of us that are going
to vote for it apparently because it's retroactive. And, I can remember when President Clinton
31 December 30, 1997
came out with his economic plan when he was first elected, a plan that apparently has worked
very well, I might add. But, the big issue was, why should we impose or why should Congress
impose a tax retroactively? While this is not a tax, this is an assessment, it does give me some
philosophical concerns. One of the concerns that I have are people like, the person who spoke,
Mr. Sobel, and I know him to be an outstanding member of this community. But, my concern is
that some people in his situation might begin now to cut corners and begin to violate the code
and let property deteriorate and the kinds of things that you know, slum lords would do. And, I
would hope that as we move forward, because there is notice out there to people who are in these
multifamily units. That the Code Enforcement office is vigilant and stays awake because the one
thing we don't want to do is visit upon people who can least protect themselves. People who are
now scrambling to figure out how to pay their bills and now, you know, we have the problem
where they don't pay the light bill or the water bill and water is turned off...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... and those kinds of things. I would also like to comment on Ms.
Clark's very, very profound comments and take note that I agree that Miami is one of the poorest
cities in the nation. I think the fourth poorest?
Chairman Hernandez: Fourth poorest.
Vice Chairman Teele: And, we need to make sure, I note that the Mayor has talked about this to
be a regressive manner of taxation or a regressive assessment. I don't know how the consultants
view this but I would really like in the January 13th meeting to have some type of memo and
analysis and discussion on the regressive nature of this and how the regressiveness can be
minimized if at all. Clearly, I think we don't want to visit poor people anymore dilemas and if
this assessment can be adjusted in such a way that we minimize or we address the
regressiveness, I am interested in doing that. I personally don't know that it's regressive
particularly if you look at all of the issues. The more difficult issue is the ones that were
interesting that Mr. Ralph Slonim, Dr. Slonim and Malcolm...
Commissioner Plummer: Wisehert.
Vice Chairman Teele: ... Wisehert raised which were the mirror reversed of two positions. The
doctor advocated that we should, that the Solid Waste fee, basically, should be imposed and this
fee should not be. And unfortunatley, we are not talking about Solid Waste, we are talking about
Fire. The real issue here is, what is the cost of providing the service? Condominiums are the
least people, I live on the 31st floor, at least until January 30th or so, 28th or so, I do.
Commissioner Plummer: You have my motor home.
Vice Chairman Teele: But, I must tell that you a condominium dweller who has, or a highrise
dweller who has the requirements of having a truck and ladder and all of this should be grateful
that we are going to maintain a Fire Department that's able to deal with these kinds of issues,
and while this fee doesn't deal at all with complexity of addressing an incident and only square
footage, I think the condo owners and the highrise people are getting a real benefit because it
really only addresses square footage. And, to that regard, the reverse argument that's being
made by Malcolm and, of course, that's a very difficult argument because this is not about Solid
Waste. But, the truth of the matter is, if you were to look at this assessment and you were on the
other hand separately to look at the fee, the Solid Waste, the taxpayer, the homeowner is getting
a bargain. The homeowner is getting a bargain. The individual homeowner is getting a bargain
because there is no way in Dade County that anybody commercial or government can pickup
garbage from a home for less than three hundred dollars ($300) or 250, 275. And, this fee to the
individual homeowner is how much money? Individual homeowner?
32 December 30, 1997
Fire Chief Gimenez: For the fire fee, sir?
Vice Chairman Teele: Yes.
Fire Chief Gimenez: The proposed is roughly one hundred and thirty-two dollars ($132).
Vice Chairman Teele: So, you have got one hundred and thirty-two dollars ($132) plus whatever
Solid Waste fee, if any, if any this Commission votes to approve. That's a substantial deal. If
we were to eliminate any government involvement in Solid Waste, which I certainly am opposed
to, and say the homeowner has got to go out and get it on his own, he would wind up paying, he
or she would wind up paying more money for just that one service without the cost of fire than
we are going to be charging for both. So, I really, in all honesty believe that what we are doing
is really protecting the individual homeowner as best we can...
Chairman Hernandez: Absolutely.
Vice Chairman Teele: ... with a policy that is designed only based upon square footage. And, I
just wanted those things to be on the record, particularly the distinguished doctor, because I
know he has tremendous resources to press his case if he chooses to.
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Commissioner.
Commissioner Plummer: Other than making Commissioner Teele feel uneasy tonight by
informing him that our fire trucks only go up to the 14th floor and not the 31st, the one argument
that I heard that was a very good argument, is this fee to be paid in a lumpsome or is it going to
be like a fee that is proposed to be eliminated twice a year? 1, you know, we are making it
retroactive.
Commissioner Gort: We could make that decision.
Chairman Hernandez: Yeah, that's what we're here for. Jesus.
Commissioner Plummer: Well, I am asking, is what has been...
Commissioner Gort: My understanding is we...
Commissioner Plummer: ... expounded at this point.
Commissioner Gort: We can make that decision. We are the one that can say how we collect it.
We collect in one sum or we can divide it to make it a lot easier. That's up to us.
Commissioner Plummer: OK.
Commissioner Gort: That's what we are going to be dealing with on the 13th.
Commissioner Plummer: OK.
Chairman Hernandez: Can... Do I have?
Mr. Rollason: Mr. Chairman, I just want to go on the record also with the comments that Ms.
Clark made with the number of City Managers that she had discussions with, that from this
33 December 30, 1997
Interim Administrator there was no comment about passing it on to somebody, I think that's kind
of a callous representation of the administration. And, we realize the impact of this all the way
around and I certainly wouldn't cavalierly pass something off and say we will just pass it on to
the people that are the least able to pay. And, for Commissioner Plummer, the fire fighters they
go all the way to the top regardless of where the truck stop.
Commissioner Gort: You know, he hasn't been up with you guys, so what can I tell you.
Chairman Hernandez: Is there a motion at this point in time?
Vice Chairman Teele: I so move, Mr. Chairman.
Commissioner Regalado: Second.
Chairman Hernandez: We have a motion by Vice Chairman Teele, second by Commissioner
Regalado. All those in favor say "aye."
Vice Chairman Teele: Roll call.
Commissioner Gort: No, no. This is an ordinance.
Chairman Hernandez: Roll because we have...
Mr. Jones: This is on the resolution.
Chairman Hernandez: I got a resolution here.
Mr. Jones: You want me to read it?
Chairman Hernandez: Yes, go ahead.
[AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call, please.
Commissioner Plummer: As previously stated, I am opposed. I vote, no.
Commissioner Gort: He's got a plan, he's got a substitute. He's going to come back with a plan
on how to substitute this income. Yes.
34 December 30, 1997
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 97-924
A RESOLUTION WITH ATTACHMENT, ELECTING TO USE THE UNIFORM
METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS
LEVIED INT HE INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA, TO
PROVIDE FIRE RESCUE SERVICES AND FACILITIES; STATING A NEED FOR
SUCH LEVY; DIRECTING THE TRANSMITTAL OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
Chairman Hernandez: All right let's go on to Part B, here. We have two ordinances which you
have to pick from and discuss in reference to... If you want to discuss that Mr. Manager.
Mr. Rollason: We can make the presentation to you on those and what the difference is between
the two and what the substantive...
Chairman Hernandez: Well, there is one main difference, correct?
Mr. Rollason: The one main difference is the Hearing Officer which is in two, and that is what
we are proposing and then the... I mean, we can home in on that one and go over that particular
one and...
Mr. Jones: Well...
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Mr. Chairman, I think I will be in favor of the one of having the Hearing
Officer because I think there will be a lot of problems and like any new established program that
you put in place there will be some mistakes being made and the citizens like Commissioner
Teele stated before, should have the right to come in front of this board and present their cases,
their individual cases.
Chairman Hernandez: We have that in place with the ticketing ordinance...
Commissioner Gort: Right.
Chairman Hernandez: ... dealing with Code Enforcement problems and it's worked out.
35 December 30, 1997
Commissioner Gort: Right.
Commissioner Plummer: Yeah, and Sanitation.
Chairman Hernandez: And, Sanitation too, and it's worked out excellent with retired judges. I
am also in favor of it. So, if there are any comments. Commissioner Regalado.
Commissioner Regalado: Mr. Chairman, like we said last meeting, we are, I am in favor of the
Hearing Officer. So, I would rather vote on Commissioner Teele's, Vice Chairman Teele's
ordinance.
Chairman Hernandez: Is there anything really that you have to explain to us on this ordinance or
any question on it, because I think it's pretty clear if that's the main difference. Vice Chairman
Teele has brought a proposal which all of us really approve, and if there is anything else that you
need to tell us, go ahead and tell us now.
Mr. Lawson: The only thing that we would suggest to you, and this is a suggestion from Vice
Chair Teele, and that is, when we talked about the Hearing Officer process, it's important to note
that, and I would urge you to. If you pass this, to pass it with instruction to further... to make the
Hearing Officer language more efficient, more effective. One of the things we've found is, as
you adopt these ordinances, we have adopted them for other ciites, is to make sure that the a
property owner who comes to you with a factual issue, where we know there's been a mistake,
say in the property appraiser's records an innocent one, and then you can correct it, right there on
the spot. That you don't have to have the Hearing Officer to reduce an assessment or correct a
factual situation, that you only use the Hearin Officer in a situation where, first of all, it's
determined that there was a large area that would result in a increase in an assessment and give
your administration the power to make determinations, I guess on an adminstrative basis,
whether to deal with that in the next annual year when you deal with it, and not to have
everything go to the Hearing Officer but only those things where someone is going to have their
assessment increased significantly. And, the other policy issue is, like you said earlier, this is not
something that your Commission wants to entertain in a mid -year basis. And, that we would like
to continue to refine that language to do that.
Chairman Hernandez: Vice Chairman Teele?
Vice Chairman Teele: Mr. Chairman, I would fully agree. I only ask it with one caveat, that we
also include language that allows people the opportunity to be heard on any issue relating to this
that they want to discuss. Because, I... You know, I know you are a lawyer and a very great
lawyer, but the fact of the matter is, sometimes people need somebody that they can express their
views to and hopefully that these matters maybe considered for public policy, and reviews and
those Hearing Officers will be able to receive that input and digest it and maybe make
recommendations to us on policy matters in the future. There is a legitimate need for citizens to
be able to vent and not be told that we can't hear you or there is nobody that can hear you,
because we are aksing them to pay a fee and an assessment and there are some people who may
not make, you know, academic discussions, but they want to be heard and they make sense.
Mr. Lawson: OK. And, secondly, we would urge you to on a positive motion to, not include the
reference to the Hearing Officer but also include reference to make the ordinance effective
immediately upon adoption for obvious reasons because the way the critical schedule has been
setup.
Commissioner Plummer: Is there, Commissioner Teele, in your thoughts, are there parameters
for what the Hearing Officer will be able to do or not to do?
36 December 30, 1997
Vice Chairman Teele: Oh, absolutely. I think the consultant expressed it very well. The
Hearing Officer can only increase... The staff would be in a position to reduce on an
administrative basis. The Hearing Officer would be able to increase and could hear any
dicussion or any protest that a tax or grieviance that a taxpayer may have and make policy
recommendations to this Commission on those matters.
Chairman Hernandez: Do we have a motion?
Vice Chairman Teele: Mr. Chairman, I would so move.
Commissioner Gort: Second.
Chairman Hernandez: Motion by Vice Chairman Teele, second by Commissioner Gort. Can
you read the ordinance please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call, please.
Vice Chairman Teele: Could we hold the vote until our colleague is...?
Commissioner Plummer: There he is.
Vice Chairman Teele: I vote yes.
Commissioner Regalado: Yes.
Commissioner Plummer: I have been placed in a position of whether I want lethal injection or
old sparky. But, it behooves me now that I have stated my opposition to try and make the best
that is available, and I vote, yes.
Commissioner Gort: Yes.
Chairman Hernandez: Yes.
37 December 30, 1997
An Ordinance entitled -
AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE CODE OF HTE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE -RESCUE
ASSESSMENT, RELATING TO THE PROVISION OF FIRE -RESCUE SERVICES,
FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, 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 PERFECTION SHALL ATTACH TO THE
PROPERTY 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 PROVIDING PROCEDURES FOR
COLLECTION OF FIRE RESCUE ASSESSMENTS; PROVIDING A MECHANISM
FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY;
MORE PARTICULARY 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.
was introduced by Vice Chairman Teele, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Chairman Hernandez: Move to Part II of the agenda. We can discuss the updated and proposed
revisions to the five --year plan. Mr. Manager.
Mr. Rollason: We can, if... All right.
Vice Chairman Teele: Mr. Chairman?
Chairman Hernandez: Yes, Mr. Vice Chairman.
Vice Chairman Teele: Before you move, has the Commission been fully appraised now that we
have voted on that of what happens next on that? I think it would be very helpful so that we
38 December 30, 1997
don't come back on the 13th and say we just voted on that. And, if you could just walk us, with
your indulgence, Mr. Chairman. 'If you could walk the Commission through on what happens
now...
Mr. Lawson: Yes, sir.
Vice Chairman Teele: ... on what we just did.
Mr. Lawson: Again, Mark Lawson with Nabors, Giblin. You've now begun the process, and I
think it's very important that over the next several days, that this Commission recognize that we
will be seeking your input, we will do that. Chief Gimenez is going to arrange a series of
meetings so that we begin the process of walking through what is the initial resolution and
receiving... fine tuning the policy decisions. And, we've received a load of policy that hasn't
been voted on, but we've listened today, we will continue to do that. Your Manager, your Chief,
your other staff that congeals the document ultimately is yours and it's your policy direction but
we need to brief and receive input. So, it's important as the Chief's staff contacts your offices
that we can sit and discuss these issues beginning immediately next week. From that, we will
develop a document that would be the basis of the initial resolution which will be a complex
document, but it will lay out specifically what the approaches will be, and that's coming quickly
and we'll have that in draft form probably by the end of next week or thereafter as a result of
receiving policy information, then, to be brought back and discussed either immediately before
or after the initial resolution. But, we are going to make ourselves available to you on any basis
to work through that process. And, I... What Vice Chair Teele is saying is, it's important that
the Commission understands that a lot of work is yet to be done between now and the 13th. And,
I thank you very much for your audience today.
Vice Chairman Teele: Mr. Chairman, but very specifically, the Manager must now transmit this
to the Department of Revenue. The Manager must transmit this immediately to the Oversight
Board for their review today or tomorrow for the latest.
Mr. Rollason: That is correct.
Commissioner Gort: We know that.
Vice Chairman Teele: At the same time, you have until a few days in January like the fourth or
the fifth to transmit this to the Department of Revenue and the County, the appropriate officers,
the Manager, the Assessor, the appraiser and whoever else needs to get it. That preserves our
right at that point to be on. Have you all discussed at all the fact that we will probably... that we
may have some difficulty working through all of this?
Mr. Lawson: I would hope not. But, again, the law was changed in 1988, to make the activities
of the functional equivalent of the Property Appraiser and Tax Collector ministerial. To make
available to all local governments that public asset which is, the ad valorem tax roll which is
constantly maintained...
Commissioner Plummer: Yeah.
Mr. Lawson: ... by the Property Appraiser's office and used by the Tax Collector's office to
impose taxes. Without that public resource being available to a local government like the City of
Miami, you simply could not afford to have the efficiency and the accuracy that this program
brings to you. There is going to be a lot of discussion emotional and otherwise why you can do
it a different way. Our expertise tells us the best way to do these programs is not to reinvent the
wheel but to use that public asset which is a massive data base called the property records. And,
what you are doing here is preserving the right to do that. What Commissioner Teele raises is,
39 December 30, 1997
where you have difficulty with Dade Officials and my response to that is, I don't know, I hope
not. Had you waited 'till January 1st, you would have put yourself in a position of having to ask
their permission. The way the law is structured, if you do it before the end of the County year,
you have reserved your right. If there is a dispute along those lines we will find a way to get it
resolved. But, I have great faith that it will be resolved interlocally.
Vice Chairman Teele: But, the difference... The bottom line difference is about two million
dollars ($2,000,000). If this is not on the tax bill, and all we are talking about now is putting it
on the tax bill and we do it ourselves, staff estimates that the compliance differential will be
about two million dollars ($2,000,000).
Mr. Lawson: At least. It could be much more. It is very difficult to put a dollar amount on that.
One method is much more efficient than the other using the same exact apportionment approach.
So, the tax bill collection method, and I would be glad to go into that in great detail with you
individually or on the 13th. I can... I have done this many times. I can talk to you and talk to
your constituency, why it's fair and more accurate to do it that way. And, I'm sure you all
realize already, no matter what you say in some instances, there is always going to be a
diffefence of opinion and that's a tough job you all have. Thank you, again.
Chairman Hernandez: Thank you, very much. Mr. Manager.
Commissioner Plummer: Mr. Chairman, just for the record, I have announced to you previously,
I have to absent from this meeting from 12:30 to 2:30. I will be available after that, if necessary.
Chairman Hernandez: Hopefully, we can zip through this. If not, we will have to reconvene
after 2:30. Mr. Manager?
Vice Chairman Teele: About what time are we going to break for lunch? Twelve thirty and then
come back at three?
Commissioner Plummer: I can be back most likely right at 2:30, around 2:30. What time can
you be back? That's fine, Yo'clock is fine with me. What do you want to do? You want to
break at noon? Let's break now and, then, come back at three.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
5. DISCUSS ORDER OF DAY FOR DISCUSSION OF AGENDA ITEM
DEALING WITH PROPOSED REVISIONS FOR FIVE-YEAR PLAN AND
CONFIRMATION OF CITY MANAGER.
Chairman Hernandez: Let me explain something to the press, and... We...
Vice Chairman Teele: May I just recommend one thing?
Chairman Hernandez: Go ahead.
Vice Chairman Teele: One issue that I know there is going to be a lot of debate of or at least
some discussion with the Mayor's office is the Table of Organization. Could you introduce?
Could you allow the Manager to introduce that subject and we take whatever Table of
Organizations there are and we study them over lunch and...
40 December 30, 1997
Chairman Hernandez: There is a memorandum that was circulated to all of you by the Mayor
yesterday with the...
Vice Chairman Teele: I didn't see it.
Chairman Hernandez: OK, let me give you a copy of it, it was supposed to be given to us this
morning.
Commissioner Plummer: I haven't seen it.
Vice Chairman Teele: I haven't seen it.
Chairman Hernandez: OK, let me get you... Let's get somebody...
Mr. Rollason: I have copies of the plan that was submitted from the Mayor's...
Vice Chairman Teele: I did get it.
Mr. Rollason: ... office also, I can pass those to you.
Vice Chairman Teele: You are in the loop now.
Mr. Rollason: And, the other plan is in the book on page 85. So...
Chairman Hernandez: Do you have it? Do you have it? Yeah.
Vice Chairman Teele: I don't have it.
Chairman Hernandez: Page 85 of the Revised Five -Year Plan?
Mr. Rollason: That's correct, on page 85. Page 85, is a modified plan that went to the print
shop. And, what Commissioner Plummer is passing across now is the plan that we received
from the Mayor.
Chairman Hernandez: OK, this is what we are going to do. We are going to recess at 12 o'cicok
for the press and for everyone that is here. I apologize how long this has taken this morning.
We are going to be taking care of the revisions of the five-year plan. Subsequent, right after that
we are going to be dealing with the appointment and the confirmation of the City Manager.
Vice Chairman Teele: Mr. Chairman, realistically, I mean, we ought to give the press a time
window here.
Chairman Hernandez: Well, this is...
Vice Chairman Teele: What about 4:30?
Chairman Hernandez: Here's the situation. We are going to be back at three. We are going to
take care of, one hour and a half, 4:30 is a good time.
Vice Chairman Teele: That would be the window that we would be looking at.
Chairman Hernandez: Four -thirty we are going to be taking up the confirmation or approval of
the City Manager as per the appointment of the Mayor of the City of Miami. So, at four -thirty
41 December 30, 1997
we are going to be taking that up right before the 6 o'clock news. I am sure you will have plenty
of time to cover that.
Commissioner Plummer: Oh, well, I have at least two hours of questions to ask of the man who
is being proposed.
Chairman Hernandez: We will try to make it as quickly and as short as possible. Commissioner
Gort has to go. He was here, came from out of town just for this specific meeting and I think we
should try to be as courteous to him and to be as expedient as we can this afternoon. We will
be...
Commissioner Gort: But, I also have a lot of questions for the City Manager. I mean, there is a
lot of things that he is going to have to do immediately for me in case...
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
6. (A) COMMENTS REGARDING MEMORANDUM FROM
ADMINISTRATION OUTLINING PROPOSED TABLE OF
ORGANIZATION ON PAGE 85 OF FIVE YEAR PLAN BOOK.
(B) DIRECT ADMINISTRATION TO MODIFY PLACEMENT OF
COMMUNICATIONS AND NET 9 IN PROPOSED TABLE OF
ORGANIZATION.
(C) DIRECT ADMINISTRATION TO MAKE CORRECTED COPY OF
MODIFIED VERSION OF THE MARQUEZ TABLE OF
ORGANIZATION WHICH WOULD INCLUDE THE CITY
COMMISSION AND OTHER CHANGES DISCUSSED BY CITY
COMMISSIONERS -- FURTHER AGREE TO DISCUSS
INTEGRATION OF BUILDING AND ZONING WITH PLANNING.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: So, we will be back at 3 o'clock and we will take on the Managr's issue
at 4:30. Can you, right before we recess, can you just introduce the Table of Organiation before
we leave? We have copies of it.
Mr. Rollason: Yes. In the... On page 85 of the book, we have modified which was the Marquez
Plan and which was the plan that was approved by the board in the previous submittal. It has the
modifications that were requested by this Commission.
Chairman Hernandez: Please, can we quite down a second? Hold a second. Excuse me, we are
still in session. Go ahead.
Mr. Rollason: We have made those modifications that were requested. There is an audit
management segment that is, reports to the Manager directly and has indirect access to the City
Commission and the Mayor so that they can access directly into that which was a concern that
we had and also the Oversight Board did. And, also the Communication Information - NET 9
area that Commissioner Regalado requested that it be to where it was visible, directly underneath
the City Manager and we have elevated that to that position and laid that out in that format.
Those are changes that were requested to this plan. On the plan that is submitted from the
Mayor...
Vice Chairman Teele: Is this a serious document?
42 December 30, 1997
Unidentified Speaker: Yeah.
Mr. Rollason: Is what, sir?
Vice Chairman Teele: Is this document from the Mayor a serious document or is this a...?
Mr. Rollason: Yes. No, I mean, this is. No, it's a serious document.
Chairman Hernandez: This has been discussed with you, from what I have heard, with you, with
Mr. Ruder.
Mr. Rollason: I have...
Vice Chairman Teele: The Mayor sent this document down, Mr. Manager? Did the Mayor
really send this document down?
Mr. Rollason: Yes, sir.
Vice Chairman Teele: Well, the first thing is, it eliminates the Commission. Now was there a
coup d'etat or what?
Mr. Rollason: No, no, no. Let me explain because this is a merger of the two. That's not what...
Vice Chairman Teele: The document that I have does not have a Commission on it
Chairman Hernandez: [Hitting the gavel three times]. Please.
Mr. Rollason: You're correct, it doesn't show it on this sheet. But in the essence of time it had
to be put together, the understanding is, that if you look at page 85, the area that shows the City
Commission over on the left with those offices is to be incorporated into this plan that shows us
the City Manager and the Mayor. And, I had that same discussion with ... his office.
Commissioner Gort: Mr. Chairman.
Vice Chairman Teele: Mr. Chairman, Mr. Chairman.
Chairman Hernandez: OK, hold on a second. Hold on a second. Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, with all due respect. We have been here now for three
hours, two and a half hours, if there is a simple box change with all of the computers and
technology, somebody ought to be able to make the corrected copy of this thing before we come
back at 3 o'clock. Because, I don't think, I don't think either the Manager should put himself in,
nor the Mayor should put himself into the position of giving us an organizational chart that
essentially eliminates the Commission. And, it may be an oversight, and I am sure it is. But, I
think given the time that we got and the time that they've had, they ought to give us a corrected
copy if they really want this thing to be seriously looked at.
Chairman Hernandez: Well, they have three hours. I think they have enough time to change
this.
Commissioner Gort: Mr. Chairman?
Chairman Hernandez: Commissioner Gort.
43 December 30, 1997
Commissioner Gort: Also, what they should look at, I think they should look at the Building and
Zoning Department closely, with the integrated with the Planning and Development, and I think
he should look at that.
Chairman Hernandez: We have... We do have it. OK, just separate it, please.
Commissioner Regalado: Yeah, Mr. Chairman, I, 1... Yeah, I do agree with Commissioner Gort
that the Building and Zoning and Planning are together and it seems that this keeps coming back
although there is a lot of argument against doing this. And, I don't know why it keeps coming
and coming back.
Chairman Hernandez: We will be able to dicuss that when we come back. We are going to be
recessing now from twelve to 3 o'clock. See you back at three.
END OF DISCUSSION -- NO ACTION TAKEN
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:01 P.M., AND RECONVENED AT 3:14 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
COMMISSIONER GORT, FOUND TO BE PRESENT.
----------------------------------------------------------------------------------------------------------------
7. DIRECT ADMINISTRATION TO INVESTIGATE SALE OF FIREWORKS AT
CORAL WAY AND 29TH AVENUE AND AT SOUTH DIXIE AND 22ND
AVENUE.
Commissioner Plummer: He had the one that went off in his hand. He is still looking for a
hand.
END OF DISCUSSION -- NO ACTION TAKEN
Chairman Hernandez: Is Commissioner Gort or Vice Chairman Teele around or do we proceed
with...?
Commissioner Plummer: Teele was here.
Chairman Hernandez: Is he here?
Commissioner Plummer: Yeah. I had the impression that Gort was not coming back.
Chairman Hernandez: Is that what he said?
Commissioner Plummer: He didn't say it, but he emphasized his displeasure...
Chairman Hernandez: OK.
Commissioner Plummer: ... by indicating, well, there is four of you. So, I don't know.
44 December 30, 1997
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
8. (A). A DISCUSSION OF PROPOSED MODIFICATION / REVISIONS TO
FIVE-YEAR FINANCIAL PLAN -- DISCUSSION REGARDING POSSIBLE
CONFLICT OF INTEREST OF BLUE RIBBON TASK FORCE COMMITTEE
ENGAGING IN PROCUREMENT OF CITY GOODS AND SERVICES --
FURTHER DIRECT CITY ATTORNEY TO DEVELOP A CLEAR POLICY IN
CONNECTION WITH PURCHASES UP TO $4,500.
(B). COMMISSION STATES NEED FOR THEIR REVIEW AND
APPROVAL OF RECOMMENDATIONS IN APPENDICES SECTION OF
FIVE-YEAR FINANCIAL PLAN RECOVERY REPORT OF DECEMBER 30,
1997, AS SUBMITTED BY BLUE RIBBON TASK FORCE.
(C) ACCEPT TABLE OF ORGANIZATION REFERRED TO AS
MODIFIED MARQUEZ TABLE OF ORGANIZATION -- FURTHER DIRECT
THAT SAME BE FORWARDED TO FINANCIAL OVERSIGHT BOARD --
COMMENTS REGARDING NEED FOR PROPOSED CITY MANAGER TO
PROMOTE WOMEN AND BLACKS.
(D) RECOMMEND INCLUDING CLASSIFICATION OF SPECIAL
ASSISTANT TO CITY MANAGER TO PROPOSED TABLE OF
ORGANIZATION.
(E). RECOMMEND MOVING WAGESS PERSONNEL DESIGNATION
WITHIN TABLE OF ORGANIZATION UNDER JURISDICTION OF
ASSISTANT DIRECTOR OF FINANCE -- REITERATE COMMISSION'S
SUPPORT OF CITY'S EFFORTS TO ASSIST WELFARE CLIENTS TO FIND
WORK -- FURTHER DIRECT TO PLACE FIRE CHIEF AND POLICE CHIEF
REPORTING DIRECTLY TO CITY MANAGER -- ALSO DIRECT THAT
THE INTERNATIONAL TRADE BOARD BE REFLECTED ALONG WITH
OTHER QUASI AUTONOMOUS BOARDS (DDA, OSP, CRA, BAYFRONT
MANAGEMENT TRUST) IN THE PROPOSED TABLE OF ORGANIZATION.
Chairman Hernandez: All right, let's proceed then with the modifications and revisions to the
five-year plan, to the new, revised five-year plan.
Mr. Rollason (City Manager): All right, let's... I am going to have Bob Nachlinger come up.
Let's try to get through these are really housecleaning initiatives and bring us back to the items
that were mentioned before. So, Bob, if you will quickly run through. If you will follow your
agenda and the tabs that you have in your book -- excuse me -- we will start with the core
initiativs on page six, and we will run through those. When we get to the area dealing with the
Organizational Chart, and that's the last itme that's on there, "H". "I" is just the appendices
letting you know that we have increased the number of those from 612 to 643. And, so we will
run through these rather quickly and see if we can get this knocked out.
Mr. Robert Nachlinger (Assistant City Manager): Mr. Chairman, members of the Commission.
The changes to the previous five-year plan that you were presented begin on page six with the
core initiative to establish a training and education policy. The next core initiative is new, is to
return properties to the tax roll and the third is to pursue federal, state and local grants for the
City. Additionally, the operational plan on the bottom, starting at the bottom of page six and
running through page nine is new in this version of the plan. The next change you have is on
page 56.
45 December 30, 1997
Commissioner Plummer: Excuse me, are these changes?
Mr. Nachlinger: From the previous plan that you had received.
Mr. Rollason: Right, they are also an out (phonetic) from the blue.
Commissioner Plummer: Yeah, so we are in the green.
Mr. Rollason: That's correct. And, these are the changes that either were brought to us by the
Commission or items that the Oversight Board had mentioned. And, remember, when we talked
about the operational plan, we had to include that, and that's what is in there on that.
Mr. Nachlinger: Yeah. The next change is on page 56 in Solid Waste fees. The sentence
dealing with the legislative actions by the City Commission that are necessary has been added as
the changes to the fire inspection fee on page 57, also dealing with the legislative actions by the
City Commission.
Commissioner Plummer: All right. You want to let me go through the whole thing and then ask
questions or as he goes?
Chairman Hernandez: Yes, let him go through the entire revision and then we will ask.
Commissioner Plummer: OK. All right.
Mr. Nachlinger: The next changes are on page 63 in the Reserve for Strategic Investments. This
lays out a series of options that the City might want to undertake dealing with that twenty-six
million dollar ($26,000,000) reserve for strategic investments. On page 67, of the plan...
Vice Chairman Teele: What page is that on?
Commissioner Plummer: Sixty-three.
Mr. Nachlinger: Sixty-three, I am sorry, sir. On page 67 of the plan there are five additional
items incorporated in the changes to the five-year summary. Those are dealing with the
additional monies which we would be raised by not granting certain exemptions to the the fire
fee and the uses of those funds up to and including two million a year of capital equipment,
additionally in the Fire Department. On page 78 of this document, a new page has been added
dealing with an analysis of the changes in General Fund equity over the five-year period. And,
the last item of change is the Organizational Chart on page 85, that's followed with a discussion
on the Orzanization Chart on page 86, dealing with the Community Redevelopment Agency, the
Legislative Budget and Support Office and the Charter language change and how that relates to
the offices of the City Clerk and City Attorney and the other boards and committess of the...
reporting to the City Commission. The last, of course, is the changes to the Appendices A, B
and C where we went from the 612 recommendations in the reports and came up with one or two
additional documents and now the recommendations total 643.
Commissioner Plummer: You know, really, it's a joke. It's a lot. No, it's...
Mr. Rollason: At this point, if there are any...
Commissioner Plummer: Yeah, I got questions.
Mr. Rollason: ... questions we can entertain those as we go through.
46 December 30, 1997
Commissioner Plummer: OK.
Vice Chairman Teele: Mr. Chairman, I know that there are a number of questions. I really think
the best way to begin is to really look at the Table of Organization and then the function sort of
flow from that, but since we are in this, Mr. Chairman, and we... Where you want to start is fine.
I do think that there are, several people appear to be very anxious to be heard and I really would
like to hear from them before the... we settle in and sort of allow the public to make whatever
comments they want on this area.
Chairman Hernandez: Absolutely. We did leave off at one point in time...
[AT THIS POINT, 3:19 A.M, COMMISSIONER GORT ENTERED THE CITY
COMMISSION MEETING.]
Commissioner Plummer: Oh, I thought you weren't coming back.
Chairman Hernandez: ... before we recessed on the... introducing the Table of Organization. I
am making copies of the memorandum that was sent down from the Mayor to me and the rest of
the Commission so everyone can have the same and we can be on the same page, which is
different than the revised version.
Mr. Rollason: Right. What is important with that is that the revised version of the Table of
Organization which you now have in front of you goes with that memo. However, the Appendix
"G" that has been proffered by the Mayor needs to be discussed and incorporated into the plan.
Commissioner Plummer: We're... He's just going through this, on the breakdown of this.
Mr. Rollason: And, you have that that will be coming down to us.
Commissioner Plummer: And, he just basically said what was there.
Chairman Hernandez: All right.
Mr. Rollason: Do we want to proceed with the public input at this point or do you want to...?
Chairman Hernandez: Yes, I want from Mr. Cox and Mr. Gabriel.
Mr. Charlie Cox: Good afternoon, Commissioners. My name is Charlie Cox and I am the
president of AFSCME (American Federation State, County, and Municipal Employees, Local
1907), and I am going to be speaking on page six of the Core Initiatives. Let me begin by
congratulating you on your undertaking to develop a five-year plan. It is essential for any
enterprise to look ahead and plan ahead. Let me also criticize the City for not having engaged in
the process earlier. The City has waited for far too long to get started and to tell you the truth, to
be really blunt, because these tuff times call for frankness, now that they have started on this
journey they have missed the boat on many instances. There is a fundamental misunderstanding
of the City's workforce that runs through the five-year plan. It doesn't recognize the hard work,
dedication and loyalty of the thousands of people that work for the City. For it to be frank again,
while the City Administration fiddled we kept Rome from burning. You may not recognize that
and the Miami Herald may not recognize that, but the people who live in the City do. They
understand that although we have not been given the tools that inspite of the political
interference, inspite of the petty vendettas, we keep the operation afloat. Even though there were
not enough workers we kept the City going by rolling up our sleeves day in and day out. We are
a working union, we do not tolerate people who don't work. If you steal, you are on your own.
47 December 30, 1997
If you use drugs, don't expect any help from AFSCME. If you abuse your sick time or are late,
you should be disciplined and we won't help you. There is, we believe a suttle put down of the
City workforce and the City Manager designees is welcome and remarks. He says that we must
be mindful that public employment is a privilege not a center kill. A center kill is an office or
position requiring little or no work when yielding profitable results. We know full well what
public employment is. Maybe, ten years ago in the Law Department there were people who
didn't work but the workforce is much smaller now and everyone is required to pull their weight.
What the five-year plan doesn't realize, what Mr. Garcia -Pedrosa misses, is that the workers
inspite of the City. Just last Friday, one of my members met with the union attorney because
without any explanation, she was transferred to a new assignment without any work to do. This
person wants to work but the Department Director has decided that she shouldn't, and this is
without any explanation. This sort of thing happens all the time and we end up getting blamed
for it. Mr. Garcia -Pedrosa stated that the employees work through the elected official. This is
mistaken. The City Manager directs the workforce. It is when the elected officials have thought
that we work for them that the City has gotten into trouble. But, to be frank again, your squabble
about who we work for, you are the Manager, it's political mumbo jumbo. We know who we
work for, we know who we work for, we just keep working serving the people. While this fight
is going on we keep the parks. The open storm sewers working . We do the electrical
inspection. We teach the children how to swim and play tennis. We do this inspite of the big
bosses not because of them. These are strong words but true. I was trained to be a lineman by
Florida Power and Light, I was recruited by the City. When I worked for Florida Power and
Light, I received continual training. I was also given the tools I needed to get the job done.
With the City, I haven't received any training. The employees of the City are not given the
physical tools to get the job done. Many inspectors don't have cars to get to the inspections.
The constant refrain we hear around the City is to make do with what you've got. There is not a
single apprenteship program in the City, although we employ skilled trades people. They learn
their trades somewhere else and are given no training once they arrive. Many people pay for
their own training, if they can afford it. The people who work in the Accounting series are a
good case in point. I have people who have spent in excess of fifty thousand dollars ($50,000) of
their own money on education so that they could get ahead. Now, they have been told that they
can't even apply for the higher positions because it is the wrong kind of education.
Nevertheless, the City went and hired people with the same education or less than these people
paid for to supervise them. So, you have workers who are told they are no good because they
have the wrong education being supervised by people who are supposedly wonderful who have
the same education or less. What do you think this does to the hopes and aspirations of these
good people. I recognize that it is easier to make speeches about the incompetence of the City's
workforce than it is to develop a training program. But, by doing so, you not only do a
disservice to the employees, but more importantly you do a disservice to the people. Your five-
year plan provides money for training and Finance Department and Purchasing. As to the rest of
the AFSCME bargaining units, you state that you will study it during this fiscal year and
implement it in physical year 1999. It can't wait. The City employees need training and they
need it now. We want to know the latest technology. We want to know the latest applications.
We want to work and we want to work at the top level. There is no good reasons not to
implement training right now. I understand that if you do so it will make it harder for the powers
to be to blame it all on us and outsource our work to companies that do provide ongoing training.
What I mean is, that many people on the outside who are advocating outsourcing want the
money for themselves. This will ultimately have a greater cost to the taxpayers of the City.
These people are in business to make a profit; we are not. If you don't provide us with the
proper training, proper tools, like other major employers you will be playing right into their
hands. You must give us a chance to stay on the cutting edge. You must budget sufficient funds
for training of AFSCME members for the remainder of this physical year. You can't limit it to
accounting and purchasing, because if you do, the City will fall behind. We have no time to
waste. Thank you.
48 December 30, 1997
Chairman Hernandez: Thank you, Charlie.
Mr. Tom Gabriel: Tom Gabriel, Miami Association of Firefighters speaking on behalf of both
Charlie for the AFSCME employees and Tony Rodriguez for the FOP (Fraternal Order of
Police). On the section that was in Appendix C, previously which is the Blue Ribbon panel
recommendations dealing with everything from debt management to Human Resources. At the
last Commission meeting on December 23rd, the workshop, the City Manager had mentioned
that the Mayor wanted three changes. One to the Fire Fee, part... Taking away the Sanitation
Fee aspect and including the Blue Ribbon panel recommendations in total into the five-year plan
as... for the Commission's approval. Since that time, we have met with all the Commissioners
and I think we are on the same page and I think the City Manager explained to us that this is not
going to be the case. That these Blue Ribbon panel recommendations are as an appendix, that
they are to be studied further and to be approved on a one by one basis. But, I did want to find
out what the answer to that is, before we move any further in this process. Because, as we noted
in our letter, we think that one, there were some serious conflicts of interests in the Blue Ribbon
panel itself on who made up the suggestions and where they came from that the wholesale
recommendations of privatization to the City workforce is dangerous, it ends up costing most
cities more money in the long run and that the Human Resources section which deals specifically
with the bargaining units and the labor organizations is one, questionably legal about taking a
position on negotiations before they start and also very devisial towards the employees who have
helped out time and time again during the numerous financial crisises that we've had over the
last couple of years. And, finally, and I think one other thing is, these recomendations, all 643 of
them, need to be gone over one by one and not approved in mass by the Commission because
there is a lot of things hidden in there, and I won't say "hidden" they are stated flat out but there
is... by the mass of recommendations, there is a lot of things that affect Commissioners, City
Administration, the Mayor, employees and the citizens that need to be gone over. This report
was only recently given to the City Administration. There has been some obvious changes in
and out of the City Administration and the Commissioners really have had not chance to really
review it. And, finally, there is no mandate by the City of Miami, to the City of Miami by the
State Oversight Board to include, or to approve any of these. They only need to be explained
away of why you don't include them. And, I suggest to you all that you explain to them that you
have not had time to review them sufficiently.
Chairman Hernandez: Tom.
Mr. Gabriel: Yes, sir.
Chairman Hernandez: The report you are addressing is to the Blue Ribbon Task Force report?
Mr. Gabriel: Correct. And, it's incorporated in there, and at the last meeting it was my
understanding that they were to be included in mass for approval, today. And, I just want to
clear that up to make sure that, because they are in the appendix does not mean that they are
going to be approved or blessed by the City Commission or the Chair.
Chairman Hernandez: Well, it was my understanding that what we were going to do with that
was not incorporate it into the five-year plan but just add it as an appendix and leave it out of
the...
Mr. Rollason: They are added as appendices in here.
Chairman Hernandez: Right.
Mr. Rollason: And, what the Oversight Board asked us to do was to identify the core initiatives
that we were going to go forward with this year. We have selected those out which do ducktail
49 December 30, 1997
in to recommendations that were in the Blue Ribbon Committee. And, it's just not the Blue
Ribbon Committee. It's the Stierheim Report, the Blue Ribbon Report, the Tolliver Report
which dealt with the purchasing aspects and the KPMG Mangement letter had to be addressed,
and in a letter that we received from Chuck Wolfe, on November 24th, it stated that the new
version of the five-year plan should clearly include the recommendations of the Blue Ribbon
Task Force which we have done by putting them in the appendices. It said these
recommendations should be listed as part of the operational recovery but should also be clearly
identified in the financial plan. We have addressed that and put dollars to that. And, they said
beyond the Blue Ribbon Task Force recommendation, the Revised Five -Year Plan must address
all recommendations of the management letter issued by KPMG Peat Marwick and staff
recommendations throughout 1997, the Stierheim Strategic Plan, and the Procurement Review
Team which is the Tolliver Report. Those have all incorporated as appendices in the back of
this. What we are saying is...
Commissioner Plummer: Have you read them? Neither have I.
Mr. Rollason: ... is that, we are going forward with these initial core initiatives to them. They
wanted us to identify 12 to 15 of those, we have done that. And, the other ones are going to have
to be addressed even though there are timelines and money attached, if we go forward with
these, this is what we are looking at. And, I think exactly what you are saying, we need to come
back here on an individual basis, pick and choose what we are going to go forward with, put the
strategy together and then submit that to the Oversight Board as a Core Initiative for next budget
year.
Commissioner Plummer: Mr. Chairman, that's not acceptable to me. I am going to sit here and
admit to you with all of the stuff that we have had, I have not had the opportunity to read 643
initiatives. And, I want to tell you, that as far as I am concerned, send the Oversight Board a
copy of that Blue Ribbon Report, but in no way is it to be for this one's vote that this
Commissioner has agreed to it. We have not had the opportunity to go into any detail with it.
And, as far as 15 items that you are going to send to them, I want to vote against. I haven't seen
them, I don't know which 15 you choose out of the 643, and I am just saying to you, send them a
copy of the report. Let them read it like we are going to read it. But, it takes time. The
Oversight Board is full time employees, we are part-time. And, until I have had that opportunity
not only to read it, digest it, and sit at this Commission table, I am not ready to say I agree with
it, disagree with it, needs modifications or what. But, that's just one Commissioner's voice.
Commissioner Regalado: Two.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, I think there must be some misunderstanding and I think
the testimony by the unions is not only helpful but it's really encouraging that the union
leadership is becoming a partner with us as we really try to solve this problem. I think the
underlying issues that particularly Mr. Cox has addressed and others, I think those issues have
been incorporated. And, I certainly want to give defference to Frank Rollason and Bob
Nachlinger who really labored over Saturday and Sunday incorporating some of the union
conerns. I think you all went around on Friday and met with a number of us. I know I had the
opportunity to meet with you Friday and Saturday. And, particularly on page six is probably one
of the strongest statements in government today where we talk about establishing a training and
education policy. And, if I may, let me just read "... that a key factor in the development and the
retention of employees is the opportunity for them to grow and develop in positions, to
accomplish this goal, training and education must be a priority for the City workforce. This will
50 December 30, 1997
provide a method for employees to become eligible for the advancement of higher positions and
will provide the City with a higher skilled and more valuable workforce." And, obviously we
can expand on that through resolutions and through ordinances. I met with Chief Warshaw
yesterday and his staff for about two hours on just this one issue. And, I can tell you, that we do
not do enough external training, in the City. We don't do enough external training in the Police
Department and there is no money. I mean, it's real simple. It's not that Chief Warshaw and
others don't want to do it, it's never been budgeted. Now, Mr. Cox and others have talked about
this need, and I agree, especially if employees haven't gotten a raise, the least we can do is give
them an educational opportunity and pay for it. And, I believe we ought to have as a policy that
we ought to afford every City employee the opportunity to get an AA degree from Miami -Dade
if they want to. We can't mandate it, but we ought to work with them. Give them the time off,
an hour, whatever, pay tuition. We can do that through resolutions and through City policy in
conjunction with the Oversight Board. That deals, I think, to some extent with what the union is
saying. But, what the union is clearly saying that, that I think we need to be very careful about,
is that the Oversight Board has mandated and it's not a request, and they have the authority to
put in this plan anything they want to. And, of course, we can, you know, object or whatever,
but that's the Interlocal Agreement that we agreed to, we being the Commissioners that were
here before I got here. What they've asked is that the Blue Ribbon Committee fidings, which are
some 600 some, be made a part of the plan. The Manager is saying they have been made an
appendix which means they are listed. The union is saying, we don't want them in the plan, I
assume is an operational element. Because, what you have also said is you don't have a problem
with us evaluating them one by one by one and moving them from the appendix into the plan.
So, I really think that we are saying the same thing, almost. I don't know if we have a timetable
and that's what... I mean, I don't want to take the position of the Oversight Board but I think we
need a timetable about which we are going to do that. And, to the very real issue that is very
important, and it hasn't really been said, but the unions have said it, and we need to understand
it. Mr. Attorney, did the members of the Blue Ribbon Committee have to submit themselves to
conflict checks and financial disclosure, and do we have any assurance at all, that these
distinguished who I know many of them to be outstanding and distinguisehd, but I also know
many of them are with corporations that make money, do we have an assurance that there are not
conflict of interest kinds of issuess that they have passed on? Because, if there was no conflict
of interest check, if there was no criteria to ensure that somebody say, for example, they are
selling pizzas, is not recommending that we go in and sell 500 pizzas a day, then we may have a
problem, and I would have to agree with the union. Please.
Mr. Jones: At the... Vice Chair Teele, at the outset when the Blue Ribbon Committee started to
undertake its tasks, there were several members, the key individuals who this Commission
appointed to head up the Blue Ribbon Committee who expressed concern, one, as to whether in
fact they might have a conflict of interest and, two, whether they would necessarily be precluded
from doing business with the City at some later point in time. Because, in fact if those questions
were answered in the affirmative, they didn't feel comfortable or didn't feel that they should be
in a position of rendering the services to assist the City. My office did give an opinion at the
outset that we didn't see a conflict of interest at that point in time. This Commission also passed
a resolution, at my recollection, that said that it was not the intent of this Commission to
preclude them at any point in time from engaging a business or whatever if the situation or the
occassion presented itself at a later date. So, the conflict...
Vice Chairman Teele: So, in effect the Commission voted...
Mr. Jones: Yes, the Commission...
Vice Chairman Teele: ... and waived the...
Mr. Jones: ... voted, passed... specifically passed a resolution. But, that is to say that there was
no conflict at that point in time. That's not to say that a conflict of interest as is contemplated
51 December 30, 1997
under the Florida Statutory scheme or even our own Statutory scheme would at some point rise
to the level or could rise to the level of a conflict. And, if it did at that point, then certainly we
would have to address it. But, at this point...
Vice Chairman Teele: All right. Well, you have answered my question.
Mr. Jones: OK.
Vice Chairman Teele: Mr. Chairman, what I would propose as an equitable solution, is that the
City Attorney draft a resolution to be voted on later on. Basically underscoring that the City
Commission did vote by resolution authorizing people to serve. However, it was not our
intention to adopt their resolution, their recommendations in block. Because of that, and we
would therefore, like to evaluate each of these proposals one by one, specifically, to ensure that
persons who are making these recomemndations didn't have a conflict one, and two, as to the
underlying issue as to whether or not we adopt them. And, that will give us... and, then, we will
submit a timetable of whatever is acceptable to the Manager in doing that.
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Also, my understanding when we voted on this and we received the report,
we were not in agreement that we were going to accept all of the recommendations, and let me
give one example. We had a minimum of expenditure by the City Manager where you could
spend up forty-five hundred dollars ($4,500) without coming to the City Commission, and that
was misused in the past. Now, they are recommending that we go hinger than forty-five
hundred, they wanted to go to ten thousand or fifteen hundred... or fifteen thousand. I don't
know what their recommenation is. I would not agree with that because I would like for that to
come in front of this Commission and I vote on it so that people would not abuse it like it has
been in the past. Because anything under fifteen thousand dollars ($15,000), they can spend it
three and four times and they can take it up to forty-five, fifty thousand dollars ($50,000) without
going through us. So, there is a lot of things in here that make a lot of good sense. The other
things are not practical and they are not useful in here. So, what we say from the beginning
when we voted on this, we will look at it one by one. For example, I don't have any problems
with the ones in Finance. I think all the ones in Finance, all the recommendations we agreed to
it. I think many of the recommendations were already being implemented by our staff, and I
could see in reading through the documents that a large percentage has to be implemented by
July of '88. And, the reason, I think staff agreed... I mean, '88, I wish I could go back ten years.
The reason is, because you have got most of it already being in place. So, I think I agree with
the union, we shold go ahead and make a decision that... and that resolution from Commissioner
Teele will be very important and we would like to look at them one by one.
Mr. Gabriel: Mr. Chair.
Commissioner Regalado: Mr. Chairman.
Mr. Rollason: Let me...
Mr. Gabriel: Mr. Chairman.
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Hernandez: Commissioner Regalado.
52 December 30, 1997
Commissioner Regalado: Did the Oversight Board, by vote said that this is mandatory that we
include...?
Chairman Hernandez: No. no.
Commissioner Regalado: I understand that it is not.
Mr. Rollason: Well, let me clarify that because I brought that issue up at the last Oversight
Board meeting and they made... brought issue with the memo or the letter that we received from
Chuck Wolfe. I explained to them that staff's interpretation of this was that, this was a strongly
worded recommendation that if you wanted your five-year plan to be favorably considered, these
were items that needed to be included. As I went over the issue with them there was some level
of, I hate to use the word back peddling (phonetic) but at least there was level of...
Commissioner Gort: Understanding.
Mr. Rollason: Understanding. Very predictable. And, perhaps, that isn't exactly what they
intended. And, I think that the input that came from the Vice Chair at that meeting emphasized
to them the burden that they were placing upon the City with these 643 items. The position then
became, well, this is your plan, you need to put it in your plan what you want in your plan and so
I take it from that position it was taken there. The fact that we included these in the appendices.
The fact that we addressed what kind of money they would... the cost was being incurred. What
kind of timeline would be there if we picked these up? That has satisfied that issue and I, from
my position, they are in a plan, they have met the intent of what the letter is, they have been
addressed, not just being a copy of the Blue Ribbon report or what is the City's reaction to that
Blue Ribbon report. It's in there and I think as we go forward those should be handled on an
individual issue. And, I think they recognize it too, because when they looked at the magnitude
of the 643, they said, look we need some core initiatives that you are going to address and not...
We are not just going to sit here and look at 643 items. It's the same thing that you are saying.
So, the core initiatives are there; that's what we are pressing forward for this year. They are
intrical to the City recover dealing with very, main, broad issues that need to be addressed of
which, like Charlie talked about, the training issue is certainly in there. So, I think we met the
intent of what the Oversight Board is looking for and I think we can alleirate the fears of the
union that this is adopted. That is the the gospel. That's not our intent as this goes forward.
Mr. Cox: All right. Mr. Chair, that is really what our gest of our efforts, is to make sure that the
Blue Ribbon panel recommendations are not blessed by passing the five-year plan the way it
stands now with this... as an appendix. That you are not giving blanket approval for the City
Administration to press forward. There is a...
Commissioner Plummer: Well, I think we have got to have what Arthur Teele just said. And,
that is a motion, resolution, letter or whatever stating that these which are surrended are not and
have not been...
Chairman Hernandez: approved by the Commission.
Commissioner Plummer: ... approved by this Commission...
Vice Chairman Teele: That's right.
Commissioner Plummer: ... and we will do it on individual basis and so notify them as we do.
Chairman Hernandez: We have a motion by Commissioner Teele.
53 December 30, 1997
Commissioner Plummer: Whether we accept or reject them. So...
Vice Chairman Teele: So moved.
Commissioner Regalado: I will second.
Commissioner Plummer: That's your motion.
Chairman Hernandez: Motion by Commissioner Teele. Second by Commissioner Regalado.
All those in favor say "aye."
The Commission (Collectively): Aye.
Mr. Gabriel: Mr. Chairman, just...
Mr. Rollason: Mr. Chairman, we will add that statement to the appendices...
Commissioner Plummer: Absolutely.
Chairman Hernandez: Please.
Mr. Rolalson: ... that goes on the plan.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-925
A MOTION STATING THAT THE RECOMMENDATIONS CONTAINED IN THE
APPENDICES SECTION OF THE FIVE YEAR FINANCIAL RECOVERY REPORT
(GREEN BOOK) DATED DECEMBER 30, 1997, AS SUBMITTED BY THE 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.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer. Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Mr. Gabriel: Mr. Chairman, there is an item that Commissioner Gort had mentioned on page 23
which does exactly what he had mentioned about increasing the bid limits. Just so that you
know that that item is in there, Commissioner Gort, that is not part of the appendix, that is part of
one of the core initiatives, I gather. So, you might want to take action on that, if that's what you
wish. But, one final thing from the union standpoint is, on page 87 and also page six,
Establishing Policy and Goals.
54 December 30, 1997
Commissioner Gort: Tom, let me interrupt you a minute because I am going through two books
and I have got a third book today.
Mr. Rollason: The green one. [phonetic]
Commissioner Gort: So, when you are telling me, which page and which book?
Mr. Rollason: He is reading from the green book on page 23.
Commissioner Plummer: Yeah, and may I, just for the record? When did we get the green
book?
Commissioner Gort: Today.
Mr. Rollason: Today.
Commissioner Plummer: Today. We have not seen it before and all these changes are in this
book and we have never seen it before, and we are expected to vote on it today.
Mr. Rollason: These changes that came from the workshop is what is reflected in this book. The
only other changes in here is that we included the language from the Oversight Board with an
Operational Plan that they wanted and that language is in there, and we discussed that at the
worshop. So, there isn't anything in here that was not discussed at the workshop. Now, let me
respond just a minute to Tom's remark on page 23, so that we can understand the difference
between which forty-five hundred dollars ($4,500) we are talking about. Number one, the issue
on page 23, would require a Charter change for that to happen, so that it is not something that
just goes in and it goes to that amount of money. This is from the Tolliver Report and this
pertains to the procurement process...
Commissioner Plummer: Try that again.
Mr. Rollason: ... being able to go forward...
Commissioner Plummer: Referendum...
Mr. Rollason: ... above the forty-five hundred dollar ($4,500) issue. Again, that's a policy
decision, but that's not... The sum is...
Commissioner Plummer: Let me make sure of that. The Charter takes the referendum to
change.
Mr. Rollason: That's correct.
Commissioner Plummer: OK.
Mr. Rollason: And, and what we are saying is...
Commissioner Plummer: Yeah.
Mr. Rollason: ... is that for the City to operate in this day and age at forty-five hundred ($4,500)
without having to go through the formal process and come before this Commission, bugs down a
lot of the operational things. Now, again, it's a policy decision, but this is not the discretionary
forty-five hundred dollar ($4,500) fund that I think Commissioner Gort was referring to, this
would be through a procurement process, set the Charter, by the Code...
55 December 30, 1997
Chairman Hernandez: Right.
Mr. Rollason: ... that would allow the...
Commissioner Gort: Yeah, it's a different board.
Mr. Rollason: ... Purchasing Department to operate at a higher level. That's what this money is
about.
Chairman Hernandez: Tom.
Vice Chairman Teele: Mr. Manager, Mr. Chairman.
Chairman Hernandez: Go ahead.
Vice Chairman Teele: Let me clear up one thing because there has been a lot of
misunderstanding about it. I caught the brunt of the reprimand and I want to share that now.
Commissioner Plummer: Huh.
Vice Chairman Teele: Mr. Manager, do you or will the successor Manager have the authority to
stand up to forty-five hundred dollars ($4,500) without Commission approval?
Mr. Rollason: That is a policy decision. As far as I know that has been stopped.
Commissioner Gort: My understanding, that was changed.
Vice Chairman Teele: No.
Vice Chairman Teele: No, that has been stopped by the Oversight Board. The Oversight Board
specifically told you and Bob Nachlinger in my presence that you must cease and desist because
they have directed that there will be no expenditures and that's why we are in this problem now
with the Attorney's office on the settlement issues.
Mr. Rollason: And, I think you are right. I think...
Vice Chairman Teele: There are no authorities anywhere in City government today, under the
Governor's Oversight Board directives for anyone to spend any City money even under the
authority that the City Attorney has to settle cases. Those authorities have effectively been
revoked and I was not aware of that. And, the Oversight Board specifically asked me, as the
Mayor's Liaison, to share that with the Commission.
Chairman Hernandez: Everything has to come before us.
Mr. Rollason: My understanding of that direction was that those discretionary funds under forty-
five hundred dollars ($4,500) that were perceived to have been abused were to cease. There
were to be none of those funds being used that way.
Commissioner Gort: Right.
Mr. Rollason: Now, there are forty-five hundred dollar ($4,500) purchases that go through the
procurement process with informal bids and so forth that do take place and don't come before
this Commission at forty-five hundred dollars ($4,500) and do not go to the Oversight Board.
But, there is not a... Like the Manager have, and I don't have the authority or I would not...
56 December 30, 1997
Vice Chairman Teele: Frank, I apologize. We need to get the City Attorney to go up and work
with them and come out with a clear policy...
Commissioner Plummer: No, the difference was....
Vice Chairman Teele: ... because we don't want to unintentionally violate something.
Commissioner Plummer: I think the difference was, as I recall, the discretionary funds came
from what was referred to as Special Events. That's where those... Huh?
Mr. Jones: No, no.
Vice Chairman Teele: No, uh-uh.
Mr. Rollason: That's the Programs and Accounts we are talking about.
Commissioner Plummer: Special Programs and Accounts.
Mr. Rollason: That has ceased.
Commissioner Gort: That was closed.
Commissioner Plummer: OK, but that is where the forty-five hundred was no longer, and we the
Commission stopped that ourselves prior to the Oversight Board even addressing the issue.
Where I think the other one is, is in regular purchasing of forty-five hundred dollars ($4,500).
Mr. Rollason: That is correct.
Mr. Jones: That's correct.
Mr. Rollason: And, that is ongoing as a procurement process that we have today. If it's above
forty-five hundred, it's coming here, below forty-five hundred it goes through the process and
those are not going to the Oversight Board nor are they going to ask for those.
Commissioner Plummer: All right, the only other question I have, if you read on page 24. The
timeline, the Charter package will be completed by April of '98. Now, if it takes a referendum
vote, there is no way that it's going to be changed.
Mr. Rollason: No, no, no.
Commissioner Gort: No, it's a package.
Mr. Jones: We are not talking about doing it by then.
Mr. Nachlinger: Commissioner, if I could, the package itself is a list of recommendations that
will go to a Charter and Boundaries Review Committee...
Mr. Rollason: Right.
Mr. Nachlinger: ... that will then take those, go through the entire City Charter and then come
back.
Commissioner Plummer: But then it has to go to a referendum?
57 December 30, 1997
Mr. Nachlinger: Absolutely. Yes, sir.
MR. Gabriel: I...
Chairman Hernandez: Tom, can you summarize your presentation, please?
Mr. Gabriel: Yeah, I think that the first part, that was fine. I do want to bring one other item up
and that's on page six, right under the established, the Training Policy. It talks about
establishing policy and goals for labor negotiations, and there are talks about personnel cost
being the largest category. And, before you make those recommendations, I only ask that we get
an equal chance to give you our version of the numbers that are found on page 87, which as
everybody knows you can make numbers look anyway they want. I think it's pretty common
knowledge that this workforce has been held steady as far as raises. And, if you look at the
personnel cost talked about on page 87, it seems like our cost have increasingly gone up at an
astronomical rate. And, if you look at fringe benefits and salary total, they have been less than
two percent a year, and that's before inflation, and all you have got to do is look at inflation and
find out whether or not we have been plus or negative for the last 13 years. So, please give us a
chance before you sit down and say, "we are going to go by these figures," to look at our figures
and anybody else's figures you wanted to see whether or not we really have been breaking the
bank. Thank you for your time.
Chairman Hernandez: Thank you, Tom.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. What I am going to say, it will
take less than a minute. I can't make any comment on that proposal because I don't have the
book. The only thing I got this morning was those "C" page and I got only one page. I don't
know anything about page six or page that. And, I am a taxpayer, a resident of the City since
1962, a City taxpayer since 1968, and we are not even considered here. They consider more the
employees that live way out there than us, that got to suffer in the City. OK, thank you.
Chairman Hernandez: Thank you. Mr. Manager.
Mr. Rollason: All right, we will go forward. Bob, you want to pick up on... I guess with the
Organizational Chart now.
Chairman Hernandez: Yeah, that's... Commissioner Gort, do you have any questions?
Mr. Rollason: That is next issue. We will have questions that you have on any items.
Commissioner Plummer: Well, I have got questions, yes. But, he said he wants to do the
Organizational Chart, then come back.
Chairman Hernandez: Then, we will open up the floor.
Mr. Rollason: All right, we go to page 85. There is the -- excuse me -- the Organizational Chart
that has been modified that was the... that we referred to before in the charts which we gave out
to you which was the Marquez plan, which was the plan that was approved by the Board in the
submittal that went in October 29th, and that is the plan that the Oversight Board has said we
should be operating under currently. The modifications we have made to that plan is to account
for the new form of government with there being a separation between the Mayor and the City
Commission. It has added the audit management function which has a line that can now access
the City Commission and the Mayor directly without having to go to the City Manager as far as
information and reporting goes, and it also moved the Community Information, the NET 9 up
58 December 30, 1997
higher into the organization. Also, we have had the legislative budget report function that was
requested at the workshop by this Commission. Over on the left hand side, you see that just
below the City Attorney, and that is addressed in the funding area which we will also discuss
when we get to that, questions on this. That is our plan. You now have the revised plan for the
Mayor which really just incorporated the areas that were left off with the City Commission
which is incorporated on the left hand side of page 85, it's now being incorporated into the plan
by the Mayor.
Commissioner Regalado: Mr. Chairman, we still have the Department of Planning, Building and
Zoning, and I have read some comments from both staff of Planning, Building and Zoning,
they... and people that understand these two departments, they think that... they believe that this
is wrong. I... We, said something in the morning, but, Mr. Manager, what is the explanation for
merging Planning, Building and Zoning?
Mr. Rollason: Let me address that in two ways. One is that the question that you raised about
whether or not it is proper or there is a problem, an apparent conflict of people that make the
rules as opposed to those that enforce the rules, I sent a request to the City Attorney asking for an
opinion on that and I will let him comment on that issue, singularly.
Mr. Jones: Yes.
Commissioner Regalado: Oh, that was not the only problem that...
Mr. Rollason: No, I understand, but I think we need to take it at a step at a time
Mr. Jones: Yeah.
Mr. Rollason: ... and that certainly is an issue that needs to be resolved.
Mr. Jones: Yeah. Yeah, in so far as there being a problem with merging the two departments,
we concluded there is none. So, I will just give you a verbal. The Manager should know that the
written opinion is forthcoming, it's done. So, to answer your question, there is no problem with
merging those functions.
Commissioner Hernandez: There is none?
Mr. Jones: There is none.
Commissioner Hernandez: OK.
Commissioner Plummer: Well, what's wrong with this one?
Commissioner Gort: My understanding, I don't know, but I think I read some cases where they
had some...
Mr. Jones: I don't know.
Commissioner Plummer: I ain't got no problem with it. You got problem with it?
Mr. Jones: No, sir.
Commissioner Gort: ... cities where it was knocked down because they had a conflict. What's
wrong with the one in '85? What is the difference between the one in 85, except we're in 85 and
we're not in this one? Page 85, is that what we recommended?
59 December 30, 1997
Mr. Rollason: Page 85. In which particular area are we talking about? What are the differences
between them?
Commissioner Plummer: Yeah.
Commissioner Gort: Yeah, I don't have any problem with 85, I think it's fine
Mr. Rollason: All right, but the Mayor wanted us to consider this presentation that's here. He
would prefer this Table of Organization being a part of the five-year paln. And, if you
remember, when we spoke at the workshop, the recomemndation from staff was that we stay
with what was already in the book, the minor changes because it had already been approved
through the Oversight Board, and then allow this City Manager to put together a reorganization,
if he so desires, and bring that forward.
Chairman Hernandez: The biggest differences probably between 85 and the new one, it's that
there are more offices in page 85 version.
Mr. Rollason: That is correct. In other words, there were more separations in the 85 version,
and the idea was that the Mayor wanted to streamline it and bring it down to less departments
and less offices and trying to streamline it and accountability under individuals...
Chairman Hernandez: From 17 to 23.
Mr. Rollason: ... certainly more streamlined what was there in the new plan. [phonetic]
Chairman Hernandez: He was cutting it down, the 85 version to the new version was cutting it
down from 23 departments to or 23 in total departments and offices to 17, that's the main... Just
more streamline.
Mr. Rollason: I think also that you, when you look at changes to it, there is a fundamental
change with who the Police Chief and the Fire Chief report to which is different than what this
City has had in the past, but it shows him reporting to the Assistant City Manager of Operations.
Commissioner Gort: OK, looking at both, is the City Commission still the same, because it is
not showing in the Mayor's chart? Is the responsibility in the City Commission, like the City
Attorney?
Mr. Rollason: That is on the chart. I layed another chart on your... If you...
Commissioner Gort: It's not on the Mayor's chart.
Mr. Rolalson: Yes, the City Commission is on the Mayor's chart.
Commissioner Gort: We got a new one.
Commissioner Plummer: You have the old one.
Mr. Rollason: You are looking at the one we passed before last. This is the revised that Vice
Chair Teele asked us to do.
Commissioner Plummer: Now, there is also another difference there. In 85, it only gives the
City Manager two assistants and the Mayor's it gives two plus one in the future which is not on
page 85.
60 December 30, 1997
Chairman Hernandez: Special Assistant or Assistants.
Mr. Rollason: Right, those will be future positions that you will come forward with.
Commissioner Plummer: Which is not on 85?
Mr. Rolalson: That's correct.
Vice Chairman Teele: Mr. Manager.
Commissioner Plummer: And, we would have to approve at the time?
Vice Chairman Teele: Mr. Chairman, Mr. Manager.
Chairman Hernandez: Vice Chairman. [phonetic]
Vice Chairman Teele: It may be helpful if the Mayor's consultant could speak, you know, and
be in a position to... Because, I think we have to give some deference to the Mayor. He is the
Mayor and we have to make the decision. But, I think the Mayor should have someone, because
you all drew up this plan, right? And, we ought to hear from them on behalf of the Mayor. Do
you respect this ... ?[phonetic]
Chairman Hernandez: Yes. Oscar.
Mr. Oscar Gaetan (Assistant to the Mayor): I believe to address the question of Special Assistant
to the City Manager, I think the thought that...
Commissioner Plummer: For the record, you should give your name and...
Mr. Gaetan: Oscar Gaetan, Assistant to the Mayor. The thought process there was that being
included in the five-year plan the chart should have some reaching into the future considerations
and the thought was that with the new City Manager coming on board, he might see a need for
Special Assistants at different times, and it should be just something that is left open as a
possible potential position. It is not a position that we are looking to fill at this time. And, yes, I
presume we will have to come back here for approval.
Vice Chairman Teele: May I inquire?
Chairman Hernandez: Yes.
Vice Chairman Teele: Are you proposing on behalf of the Mayor and the persons that are
advising him that there be a third City Manager position?
Mr. Gaetan: No. I think what we are proposing is, that in the future there be a Special Assistant
that the City Manager can appoint as he sees fit, leaving an opportunity for the new City
Manager who is not here yet to use a person in the position of Special Assistant or Assistants as
he sees fit.
Commissioner Regalado: I just don't understand the rationale of merging Planning, Building
and Zoning. The Mayor had said that he has a lot of plans, you know, we have heard the Mayor
talking about Baseball Stadium development, Virginia Key and the need for Code Enforcement,
the need for following the rules. Why? Why? What department are we minimizing here? Is
it...? The Mayor said, we don't need a Planning Department. Is that what it is, ...
61 December 30, 1997
Mr. Gaetan: No, no.
Commissioner Regalado: ... or do we really need a Planning Department?
Mr. Gaetan: I think that the vision that the Mayor was trying to express here is that in order to
move forth the whole concept of Planning, Building and Zoning, it should work as one large area
and that there should be more communication between the two areas. I don't think at any time
the Mayor has thought that the Building and Zoning function will be doing better than the
Planning people or vice versa.
Commissioner Regalado: I heard him said that there was no need for Planning Department.
Mr. Gaetan: I...
Commissioner Regalado: He said that.
Mr. Gaetan: Well, I...
Commissioner Regalado: But, what I am saying, what I am saying is, why do we need to merge
the two departments? I mean, why those two departments? You said, communications, of
course. But, why cannot they respond to an .Assistant City Manager and from there to the
Manager and from the Manager to the Mayor and the City Commission? I just don't understand
why are you trying to accomplish merging these two departments. Streamlining? OK, that, but I
don't see. I mean, the City has a lot of potential. We need a Planning Department, we need a lot
of things to be done and we need Code Enforcement, we need constructions and planning. I...
Mr. Gaetan: I don't think that we envisioned doing away with any of that. I think that the
thought process here is that we, the Mayor saw it as working better as a unit. I think that if the
City Manager coming in sees it as two different departments, I think that's something that he
should take on.
Commissioner Regalado: Then, we don't approve it. Is that what you are telling us?
Commissioner Plummer: Well, yeah. That's what we don't... We just don't approve it. You
know the thing that bothers me, the Oversight Board would be happy if you cut. They are not
going to be happy if you increase. My suggestion is, we approve what's on 85, all right?
Commissioner Regalado: I was going to say that.
Commissioner Plummer: Now, in the future...
Commissioner Gort: You could always increase.
Commissioner Plummer: In the future, if we want to discuss the idea of merging two
departments, we can cut, and I am sure they would accept that. They are not going to accept
anything that increases the amount. They would be tickeled pink as we would be tickeled pink
to cut if we have the chance to sit down and rationally think these things through, not something
that has happened to or handed to us today. So, you know, my vote is for 85, then in the future
we can discuss other changes of cutting down. I would love to cut down, but I want to do it in a
real like manner.
Commissioner Regalado: I don't know, do...? Do we have to do that through a motion?
62 December 30, 1997
Commissioner Plummer: Well, we have to accept an organization chart, I assume.
Commissioner Regalado: If we do, I second.
Mr. Gaetan: I think that the challenge, Commissioner Plummer, and Frank tell me if I am wrong
here, was from the Oversight Board, was that they expected that what we turned in is what we
are going to go with for a substantial amount of time.
Commissioner Plummer: Yeah, but what I am saying to you...
Commissioner Gort: My understanding Oscar, we can amend anything that we present to them...
Commissioner Plummer: Absolutely.
Commissioner Gort: ... as long as it's less. Never for more, always for less.
Commissioner Plummer: And, my position is, when you go and do less, they are going to be
very happy. But, if we went back and said no, this isn't working out and we want to increase it
by another department, they are not going to be happy.
Commissioner Regalado: That's right.
Commissioner Plummer: So, what I am saying is, we go to the limit today, we can always cut
back in the future. But, if we go and cut back now and you try to go to expand in the future, I
think if I sat on the Oversight Board you would have a problem. That's the difference.
Mr. Rollason: I think another issue that we have to, and I think what Oscar brings us is very
valid. They are looking for us to get stabilized, to get moving forward with a plan.
Commissioner Plummer: Right.
Mr. Rollason: They are not looking for a plan to come to them and go through the process, be
approved and then the next Oversight Board meeting we are sitting at their doorstep with another
amendment to the plan. However, we said at the last Oversight Board meeting, I stated to the
Board that there would probably be a change in the City Manager's position, and that that
individual coming in needed to have the flexibility to design the organization as he saw it and to
get the approval of the Commission and so forth and we agreed to that.
Commissioner Regalado: So, let's give the new Manager the table on page 85 and like J.L., said,
that he can cut...
Commissioner Plummer: He can always cut. Well, it's my understanding staff is recommending
what's on 85 be accepted.
Mr. Rollason: All right, the seat's getting warmer.
Chairman Hernandez: Planning Development.
Mr. Jones: Come on, you can handle hotter than that.
Commissioner Plummer: What do you mean it's getting warmer?
Mr. Jones: You can handle hotter than that.
63 December 30, 1997
Commissioner Gort: It's been hot.
Commissioner Plummer: Hell, you are getting out of it.
Mr. Rollason: My recommendation the last time was that we go with this and that we get this
plan through.
Commissioner Plummer: I agree.
Mr. Rollason: I think the overriding item we need to do is to get the plan accepted so that we
can get on with business and this has already been approved by the Board and won't be an issue,
and I think this is the cleanest way to go.
Commissioner Plummer: Fine, I move that we accept it and send to the Oversight Board page
85.
Commissioner Regalado: Second.
Chairman Hernandez: We are looking at page 85 now, under that organizational structure.
Now, in the past, my question, Housing, Planning and Development were all lumped up into one.
Correct?
Mr. Rollason: Right now, well, Planning and Development divided up on page 85 is a separate
entity from Building and Zoning.
Commissioner Gort: Yeah.
Chairman Hernandez: Correct, which is...
Mr. Rollason: And, so, and this is what...
Commissioner Plummer: Housing is different.
Mr. Rollason: ... the Oversight Board said we are supposed to be operating under and it also has
to tie into the positions that we put back as a result of the stipulated settlement with the State
Attorney's Office.
Chairman Hernandez: Correct.
Commissioner Plummer: Right.
Commissioner Regalado: Right. I second.
Chairman Hernandez: Yeah, we keep it apart. We have got a motion by Commissioner
Plummer, second by Commissioner...
Commissioner Plummer: Mr. Chairman, I would ask for a full Commission vote.
Chairman Hernandez: Where did he go? I will wait for him, he's right outside. So, we're
going...
Commissioner Plummer: Can I start to ask questions? I will wait.
Commissioner Gort: I have got a question. In the past, everytime it's been emerged in front of
us, they have come to us, they have come to us and they have told us we would like to merge the
64 December 30, 1997
two departments for the following reasons and these are the benefits of the merge of this
department.
Commissioner Plummer: Oh, absolutely.
Commissioner Gort: I know we have run into a very rushed time and we have got certain
guidelines and time sets that we have meet, but, you know, we would like to know, like right
now, looking at this, I don't know which departments are really being merged and what are the
benefits on one and the other ones. That's why I was not being in favor of this.
Mr. Rollason: I think also another issue that has to be kept in mind is that the Oversight Board is
not just looking at the financials when you talk about merging and saving money. They have
some very legitimate concerns over the past operations that have allowed the things to happen
because there were mergers. I think we have to be careful as we put the organizational chart
together that those checks and balances are in place, that we don't at least, even give the
opportunity for those types of things to occur again.
Chairman Hernandez: Discussion.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: Again, I really do think that we have to be careful that we give some
defference to the Mayor. It seems to me that the thing that no one, I mean, I don't know, but, if
the Manager is saying that he wants the box that says "Special Assistants for the City Manager"
proposed for the future. I mean, I don't see why we can't agree to that as an opener, as an
amendment. Obviously, as it has a financial implication, he is going to have to get specific
approval from the Oversight Boord to move forward. But, one thing that I... Frank, with all due
respect, I don't want to endorse what you have said, and because I think this is the problem that
has got us here today. And, that is, everybody just keeps shuffling this thing and nobody will act
on it or implement it. We have spent the last 18 months changing the boxes around from the last
plan, and very little analysis has gone, I mean, quite candidly, very, very, little analysis has gone
to the underlying issues like the Blue Ribbon Committee and all of that is being moved in here.
So, I think it's important, and I am going to be very candid. I am going to ask the Manager
designee, can he live with this plan? Can he live with the core initiatives? Can he live with the
organization? What changes he wants? Because, I have no intention of spending the next four
months revising the five-year plan. I mean, whoever gets the job as Manager today...
Mr. Rollason: Huh.
Commissioner Plummer: Yeah, ask him because he might not get it.
Vice Chairman Teele: Whoever gets the job of Manager today should be required to come here
and say, I have had an opportunity to review this. I can live with it. There are some things,
obviously that I would like to put my imprint (phonetic) on. But, we don't need to spend the next
months or the next nine months revising the five-year plan. And, that was one of the reasons that
I insisted on giving the Mayor the support staff necessary, which this Commission approved to
make these accountants available to the Mayor and the Manager designate so that they can get
their ideas in the plan. I would like, respectfully, whoever made the motion...
Commissioner Regalado: No, no, Mr. Vice Chair....
Vice Chairman Teele: ... to request that it be amended to allow at least the box that says Special
Assistant to the City Manager and proposed for the future.
65 December 30, 1997
Commissioner Plummer: The maker of the motion has no objection to it. But, let me go on the
record, in my conversations yesterday with "Papito", he said two Managers only. Two Assistant
Managers only is all he wanted.
Vice Chairman Teele: Well, I am going to be very honest with you.
Commissioner Plummer: So...
Vice Chairman Teele: I have a real concern about the Manager designate's reputation and his
history and his background in giving women a chance and giving Blacks a chance. And, I am
going to ask him some very pointed questions about what Blacks and what women are Assistant
Managers on Miami Beach while he has had the opportunity to be there. What department heads
that he's made are women and Blacks. And, I want to give him every opportunity because I for
one may be the only person up here that I am not going to be anybody's rubber stamp. And, if
this City Manager does not commit that women and Blacks are going to have a fair chance and
there is nothing in the record, there is nothing in his fine and outstanding and distringuished
record to suggest tht women and Blacks in... as Assistant Managers, as department heads on
Miami Beach have had a fair chance. And, he will have the opportunity to clarify the record.
And, I don't want to know about the third assistant to the fourth secretary. I want to know about
assistant managers and department heads that are women, and I must say, I think this Mayor and
the previous four Managers that we have had under this Mayor have not appointed any women in
large numbers to significant positions, and I think we have to be fair and we need a process to
ensure that we are fair. So, I want to give the manager all of the room that he needs, but I also
am not interested in rushing to just say he is a great man and a great manager because he is all of
that. He's brilliant, but he is also going to have to show that taxpayers of this City that happen to
be women and happen to be Black, have a chance for an appointment for major positions. Now,
if we are just going to give him two Managers, he will never be able to do that. I don't know
who his two managers were on Miami Beach, but somebody says none of them were women and
none of them Black.
Commissioner Plummer: Well, again, for the record...
Vice Chairman Teele: And, Bob Nachlinger, with all due regard, doesn't look like he falls in
either category.
Commissioner Plummer: Well, I have heard rumours.
Mr. Nachlinger: They are all a lie, J.L.
Commissioner Plummer: For the record, again, Commissioner, the reason that I agreed to this
organizational chart was my discussion with him yesterday that he did not intend to have more
than two Assistant Managers. Now, I have no problem with putting a third in there subject to
future Commission approval in this organizational chart. I have no problem with that.
Chairman Hernandez: OK, so we have a motion by Commissioner Plummer to apporve the
organizational chart found on page 85 of the revised five-year plan with an addendum that will
add a Special Assistant or Assistants to the City Manager proposed...
Commissioner Plummer: No, no, no. I didn't say assistants, I said an assistant, one, singular.
Chairman Hernandez: Well, that's what it says here. That's what I am asking.
Commissioner Plummer: Singular.
66 December 30, 1997
Chairman Hernandez: A Special Assistant to the City Manager proposed in the future with prior
Commission approval.
Commissioner Plummer: That's correct.
Chairman Hernandez: We have a motion, do we have a second?
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado, all those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-926
A MOTION ACCEPTING THE TABLE OF ORGANIZATION REFERRED TO AS
THE MODIFIED MARQUEZ TABLE OF ORGANIZATION AS CONTAINED ON
PAGE 85 OF THE REVISED FINANCIAL RECOVERY PLAN (GREEN BOOK)
DATED DECEMBER 1997; FURTHER DIRECTING THE INTERIM MANAGER TO
FORWARD SAME TO THE FINANCIAL OVERSIGHT BOARD.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Discussion.
Chairman Hernandez: Discussion.
Vice Chairman Teele: Discussion. One important change that I think we haven't given any
consideration and quite frankly, it's not listed here, is this whole issue of what we read about
everyday in the newspaper and that's WAGES (Work and Gains Economic Self -Sufficiency)
that's the need to find these jobs for all of these tens of thousands of people that are being
pushed by federal laws off of assistance and welfare onto the road.
Commissioner Plummer: Twenty-three thousand in Dade County.
Vice Chairman Teele: Twenty-three thousand disproportionately in the City of Miami. And, I
think we have taken giant steps toward addressing that.
Commissioner Plummer: Dade County, 23. Sixty-five percent.
67 December 30, 1997
Vice Chairman Teele: I am particularly concerned...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... that all over Dade County, WAGES is a high priority. And, yet in the
City of Miami, it appears to be a division within a division. I would like very much to know that
WAGES is going to have a high level of visibility and the support of the Manager because I can
tell you, although we have got to be about the business of running City government, I don't think
there is any single more important issue, including Police, that we are going to be confronted
with over the next two years, than how we...
Commissioner Plummer: Oh, no, less.
Vice Chairman Teele: Say again?
Commissioner Plummer: Less than two years.
Vice Chairman Teele: Than how we are going to assist people in moving from welfare to work.
And, I mean, there is a story in the newspaper, there is no jobs out there, the industries don't
have job creation capacity. Basically, they have already started pointing fingers with the State
and the County.
Commissioner Plummer: Huh.
Vice Chairman Teele: And, you know, this is a real mess, and I am particulary interested, Mr.
Manager designate, on your views on how we can deal with that and how that office can be in
some ways elevated. If I had my (inaudible) it would almost be a special office for a year, a
provisional office, if you will, for a year or two to make sure that it is not layered, because that is
going to be the heart and soul of what we all going to be about. And, if we don't solve that
problem, we are going to have a lot more police problems and crime problems than we are all
dealing with. So, I am not going to ask that it be changed, but I really do think that the WAGES
offices, which by the way, according to the Assistant Secretary of Labor, Mister, Dr. Robinson,
the City of Miami got more discretionary money than any other City out of the WAGES...
Commissioner Plummer: That's a correct statement. Two million dollars ($2,000,000).
Vice Chairman Teele: Two million dollars ($2,000,000). And, that's based upon the way that
it's been handled in the past and apparently the previous Manager, Mr. Marquez, gave that a lot
of attention and focus. And, I want to make sure that we don't lose that in this process.
Commissioner Plummer: No, it's locked it.
Commissioner Regalado: Mr. Chairman.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Yeah, if I can inform the Vice Chairman. Several months ago, when
Congress was not ready to approve what they did in terms of the Immigration Reform, this
Commission gave me permission to take ten thousand dollar ($10,000) out of my office and put
it in a special account to help in case that Congress would not ax the people that would have
been affected by Immigration Reform. Now, the situation has been somehow resolved with the
State of Florida and with the Federal Government. I would ask the Manager and the Manager
designee to look into the possibility of using those ten thousand dollars ($10,000) from the
budget as seed money to create a special office to assist the people that would be needing our
help in terms of Welfare Reform. So, I don't...
68 December 30, 1997
Commissioner Plummer: Well, we...
Commissioner Regalado: I know you have been working on it and I know that you have money.
Commissioner Plummer: Well, Tomas, there are unbelievable amount of funds that are out
there...
Commissioner Regalado: I know that, J.L.
Commissioner Plummer: Not only in training funds, but there are also, for example, they are
going to be signing a contract with YMCA (Young Men Christian Association) or YWCA
(Young Women Christian Association) for...
Commissioner Regalado: Right, but these are funds for training, and for child care. But, what I
am saying is, that if the new Manager will look into and the Manager using those ten thousand
dollars ($10,000) in a special account, to start a provisional office within the City Manager's
office and then work with the Commission, with the Mayor, with the different organizations in
order to help the people that will be affected. And, like J.L., said, it's sooner than later because
the clock started ticking about six months ago, and it's 18 months, and we're talking one year
from now.
Mr. Rollason: Look, let me suggest this and see if this can fly. Why don't we pull the WAGES
segment out of Community Development and why don't we make that office that still reports to
the Assistant City Manager of Finance because the items are so financially, you know, heavy in
dealing with this, and operationally it would give them the latitude, to operate independently, not
having to go through a department or Office Director, and would give that person direct access
to the primary financial person. So, there are some checks and balance between those finances
and a tremendous amount of money with grants that are going to be involved in this program,
and certainly somebody needs to look at other than sitting, I think directly, with the Manager.
And, by doing that, it would give us that entity, elevate into that level of importance, and it will
only then place one individual between them and directly to the City Manager and I think it
would be a workable solution, at least for the interim. We could make that amendment now and
approve it with a plan and that would then cut down on having to go back again to address
something with the WAGES. So, I offer that for thought.
Commissioner Plummer: I have no problem with that as... As, you know presently I serve at the
City Commission's pleasure to the consortium. And, I have got to tell you, it's an awful lot of
work, it is very time consuming. And, Gwen is going to have to be, who is my spark, not mine.
She is the City's sparks plug in that deaprtment who is going to have to be out for a couple of
months. And, I have already talked to "Papito" about some help. He has agreed that he will do
that because we have to continue to go, but you are looking October 1st of this coming year that
there is going to be major problems. And, I have to tell you, without question, that right now the
WAGES Board is in very much disarray.
Vice Chairman Teele: Right.
Commissioner Plummer: They are absolutely, we predicted this before, they didn't want to
listen and we are having to do what we can from the consortium, from the JEP (Job Employment
Program) Board and from our own City Departments. The problem is, that we are going to be
training all of these people because the funds are there, the jobs are not.
Vice Chairman Teele: Right.
69 December 30, 1997
Commissioner Plummer: Unfortunately, what happened was, Dade County when they assumed
this position, they wanted people on that WAGES Board who would be the major corporations
of Dade County, and they got that. But, what they also got was, major corporations who had
one key word, and that's called downsizing.
Vice Chairman Teele: Downsizing.
Commissioner Plummer: Including Dade County, who the first thing they did was lay off 500
people. So, you know, these are the kinds of problems that are real problems.
Vice Chairman Teele: Mr. Chairman, I have asked the consultants to visit with the Manager
designate and do you all have a position that he may take on that?
Commissioner Plummer: On the WAGES?
Vice Chairman Teele: On the WAGES. On the recommendation of moving that office to the, I
think you said, Assistant Manager for Finance.
Mr. Rollason: Right. What I am saying is, just pulling it out from Community Development and
also I would add so that we could muddy the waters just a little bit further. We need to look at, if
we stayed with what's on page 85 with...
Commissioner Plummer: Which is the motion.
Mr. Rollason: Right. And, with the ideas that the Mayor is putting forth, we are trying to
streamline this. We now have Building and Zoning underneath the Assistant City Manager of
Operations and where you have Planning and Development underneath the Assistant Manager of
Finance. I think what would be cleaner, is if we leave them as separate departments and pull
Planning and Development and put it underneath Operations so that that same Assistant City
Manager can be dealing with P&Z issues and Planning and Development issues and probably cut
through some of the stuff that would be may be slowed down between not having to deal with
two Assistant City Managers. Put those together and that would then open up a slot to put the
WAGES and it would put another office of WAGES which would be under the Assistant City
Manager of Finance. Take Planning and Development scoot it across to the other side and put
underneath the Assistant City Manager of Operations, and I offer that and anybody that wants
to...
Vice Chairman Teele: Well, Mr. Chairman.
Commissioner Plummer: I don't necessarily agree with that.
Mr. Jose Garcia -Pedrosa (Manager Designate): No, I don't agree with that.
Mr. Gaetan: I don't necessarily agree with that.
Vice Chairman Teele: Mr. Chairman, I would like to deal with the one issue first and then deal
with the second one. Does the Manager designate have any problems with...?
Mr. Garcia -Pedrosa: No.
Vice Chairman Teele: So, there is no objection to moving the Office of WAGES, whatever the
proper designation is to a box under the Assistant Manager for Finance, is that...?
70 December 30, 1997
Commissioner Plummer: I have no problem in my motion.
Vice Chairman Teele: And, the Manager designate doesn't have a problem?
Mr. Garcia-Pedorsa: Doesn't have a problem.
Vice Chairman Teele: I would so move as an amendment.
Commissioner Plummer: That's a friendly amendment, and I accept it.
Vice Chairman Teele: Then on the other one...
Commissioner Plummer: You are making a separate box for WAGES.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-927
A MOTION RECOMMENDING TO THE INTERIM CITY MANAGER THAT HE
SHOULD CONSIDER ADDING A SPECIAL ASSISTANT TO THE CITY
MANAGER CLASSIFICATION TO THE TABLE OF ORGANIZATION SUBJECT
TO PRIOR COMMISSION APPROVAL.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Then on the other one, I am just not in agreement with...
Commissioner Plummer: I am not either.
Vice Chairman Teele: I think the development issues, the Planning issues, yes. But, the
development issues are really the core of our strategic financial plan, that's the Off-street
Parking, the Knight Center, the... all the land on Key Biscayne and all of these other stuff that
everybody seems to be interested in now, and I think it needs to stay under Finance, respectfully,
so...
Mr. Gaetan: If I may? I think how we envisioned it, it was both of them coming, Building and
Zoning coming over to the administration side.
Vice Chairman Teele: You are getting a different signal from the Manager designate.
Mr. Garcia -Pedrosa: No.
Commissioner Regalado: Well, it's just that there is a motion already to approve a separate
department, so...
71 December 30, 1997
Commissioner Plummer: Yeah, I have one other question.
Chairman Hernandez: Go ahead, Commissioner.
Commissioner Plummer: International Trade where you have, is that...? That is under the City
Commission, yet I don't find a box for it.
Mr. A. Quinn Jones, III, Esq. (City Attorney): It's not an office.
Commissioner Gort: It is not there.
Mr. Rollason: That is not there.
Mr. Jones: It's not an office.
Vice Chairman Teele: It's under the Commission, though.
Commissioner Plummer: No, it's not. It's not there at all.
Mr. Jones: It's not an office. It's not an office, so...
Vice Chairman Teele: I would move that the International Trade Office take its rightful role
along with CRA (Community Redevelopment Agency), Bayfront Trust, Off-street Parking, DDA
(Downtown Development Agency), and the other quasi autonomous bodies.
Mr. Rollason: You're right, that's an oversight on our part in that box. It was not anywhere on
there.
Vice Chairman Teele: OK.
Mr. Rollason: We will put that back.
Vice Chairman Teele: And, it would go right there in those...
Mr. Rollason: Right.
Vice Chairman Teele: ... in that grouup.
Mr. Rollason: That's right. I don't think that requires any action, that's just something that we...
Vice Chairman Teele: Oversee...
Mr. Rollason: ... left out. We will put it back in the glitch.
Vice Chairman Teele: Glitch.
Commissioner Plummer: Yeah, OK. Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call. Vice Chairman Teele.
Vice Chairman Teele: Before you do, I just have one question, this box fundamentally has one
big difference or two differences. Other than the third Manager, whatever, the Fire Chief and the
Police Chief, and I think we just need to be very clear in what we are saying. Under the box that
72 December 30, 1997
we are about to approve, the Fire Chief and the Police Chief will be answerable directly to the
Manager.
Commissioner Plummer: Absolutely.
Vice Chairman Teele: Under the box that the Mayor has submitted, they would be answerable to
an Assistant City Manager. And, I support the position that they be answerable to the Manager.
But, I just think for the sake of insuring that the Mayor's point of view is on the table that we
know that very important distinction.
Commissioner Plummer: I think of those two departments, of all departments, those are the ones
that the Manager has a lot to do and a lot to say over. And, I would say that they should be
directly be involved and not a middleman. Call the roll.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-928
A MOTION RECOMMENDING TO THE INTERIM CITY MANAGER THAT BOX
DESIGNATING WAGES PERSONNEL CLASSIFICATION BE MOVED TO A
LOCATION WITHIN THE TABLE OF ORGANIZATION CHART UNDER THE
ASSISTANT DIRECTOR OF FINANCE.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
9. (A) DISCUSSION REGARDING BILLING PRACTICES FOR FIRE
ASSESSMENT FEE -- SEE LABELS 2 AND 4.
(B) COMMENTS CONCERNING THE OVERSIGHT BOARD'S
REACTION TO POSSIBLE LEGAL CHALLENGES TO FIRE
ASSESSMENT FEE.
(C) DISCUSSION REGARDING BUDGETARY ALLOCATION OF FIRE
FEE BALANCE BY FIRE -RESCUE DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: All right, are we ready now to go to work on the questions?
Chairman Hernandez: Go ahead.
Vice Chairman Teele: Mr. Chairman, the time is four thirty. I have no problem going forward,
but we did say something and whatever we want to do.
73 December 30, 1997
Commissioner Plummer: They can wait. Hey, as the City Manager said the other day, "we got
to get off the headlines and off the six o'clock news." So, we will do what he said. We will do
what he said. Mr. Chairman, at the sake of creating a problem with my good friend Teele, and
my City Attorney and my City Manager, somebody has got to sit me down and say to me "A" is
"A" and "B" is "B." We are talking about a fire fee and eliminating a trash fee. If in fact
something happens and the fire fee is delayed for whatever reason, what's the City going to do?
Hello, Mr. Manager, I am calling collect.
Mr. Frank K. Rollason (City Manager): Yes, sir.
Commissioner Gort: Give him a break.
Mr. Rollason: Yes, sir.
Commissioner Plummer: I want to know what happens sir, if in fact, for whatever reason, the
fire fee which is proposed, gets held up, we don't have a sanitation fee, unless I am crazy, this
City is going to be twenty-four million dollars ($24,000,000) short of anything. Now, give me
some comfort that what's going to happen if this fire fee should get in any way held up? Do we
still have the opportunity to go out with the garbage fee? I mean, you know, somebody has got
to answer that question for me.
Mr. Rollason: And, that is the reason that we have not taken action at this point on the ordinance
dealing with Solid Waste. We are going to have, you are going to have to see how the chips fall
with this issue and will have to make that decision because the ordinance for the Solid Waste fee
is in effect. We are holding the bills and if it comes that, let's say, there is an injunction or in
some way these bills can't go out, et cetera, et cetera, this five-year plan is contingent upon that
income. There is is going to have to be another source of income that is going to have to be
identified for the satisfaction of the Oversight Board to fill the void if this fire fee does not go
forward.
Commissioner Plummer: Mr. Manager, only the bill for the fire fee as I heard it this morning,
will go out in February. Effective March the 1st. If... round numbers, OK?
Mr. Bob Nachlinger (Assistant City Manager): Yes, sir.
Commissioner Plummer: When does the sanitation fee go out.?
Mr. Nachlinger: Normally that...
Mr. Rollason: It would go out, the first one in January, right?
Mr. Nachlinger: Normally that bill is...
Commissioner Plummer: Is that bill going out?
Mr. Nachlinger: No, sir.
Commissioner Plummer: It is not.
Mr. Nachlinger: We are holding it.
Commissioner Plummer: But, you don't have that right. If in fact that ordinance is in effect,
unless this Commission directs you to hold it and not send it out, you don't have that right as far
74 December 30, 1997
as I know. You can userp our authority. Now, I am not worried about my authority. I am
worried about my City and twenty-four million dollars ($24,000,000), that's what I am worried
about. You are not going to send out the bills in January. If in fact we do get into an unfortunate
situation with litigation, which is I know around here can tie us up for a year, two or more.
Where is the twenty-four million dollars ($24,000,000) going to come from? Now, nobody, you
know, I am not sorry. I want somebody to tell me that I am crazy. And, if you do, I will fire
you, but that's besides the point.
Mr. Rollason: I am not going to do that even though...
Commissioner Plummer: Well, no, I am saying, I need some comfort that there is not going to
be a twenty-four million dollar ($24,000,000) void. And, I don't get it yet.
Mr. Rollason: I can't lay that comfort on you because even if you revert back to the fee, the
garbage fee, you are not going to make that mark. So, obviously there is going to be some action
that has to be taken by this Commission either in reducing expenditures or increasing revenues.
Commissioner Plummer: Let me give it to you a different way. Maybe the time frame is what
bothers me, all right? In February, a bill goes out for the fire fee and it's 30, 60 days before
some action is taken by some group to go to court. Now, you have already bypassed the January
billing for sanitation. You don't know what's going to happen in court and how long it's going
to take. Where do you make a determination that we are in serious trouble and what are we
going to do, are we going to run back in here and stuff envelopes all night like a campaign to
send out a sanitation bill? The time frame bothers me. You are not going to go as you say, out
in January, which I don't think you have the right to do. But, let's assume you do. Now, you are
into May, June or July when an action is possibly going to be taken to say, hold tight you are not
going to go out with a fire fee. We have lost six months of income and it bothers me. And,
nobody is sitting around here telling me that there is a level of comfort that that's not going to
happen.
Vice Chairman Teele: May I?
Mr. Nachlinger: Commissioner...
Vice Chairman Teele: May I?
Chairman Hernandez: Vice Chairman.
Mr. Nachlinger: Please, sir.
Vice Chairman Teele: Commissioner, J.L., let me tell you. I have served on a lot of boards and
I know that I have just gotten here, but I swear I can't figure out where you are coming from. I
really can't and I don't mean this, I mean, I say it as a compliment because you are against the
fire fee...
Commissioner Plummer: That's correct.
Vice Chairman Teele: But, you are asking the question now, that I have been asking in my
mind, if you are against the fire fee what are you for?
Commissioner Plummer: I am for, as was stated a long time ago, many other changes in this
City. First of all, to get rid of people that are not necessary, who are not providing the service
that they should be which eventually will come down the line.
75 December 30, 1997
Vice Chairman Teele: If you can identify them, you make the motion and I will second it.
Commissioner Plummer: That's not my job, and I am not going to interfere because Kathy
Rundell to be down my neck, all right?
Vice Chairman Teele: I beg to defer. This Commission, any Commissioner here can eliminate
slots through the budget process. That's totally different from firing people and if there are slots
in this government that are redundant, that are basically ghost slots, you have the responsibility
and the authority, and I am telling you, I will second the motion. If you can find the slots, we
ought to get rid of them. J.L., this is the problem. The budget is three million dollars
($3,000,000) as originally submitted in the Blue Book. This budget is three million dollars
($3,000,000) in the positive. It assumes a twenty-four million dollar ($24,000,000), is that right,
Bob?
Mr. Nachlinger: That's correct.
Vice Chairman Teele: ...Fire fee, which means if you you eliminate the fire fee you're are
twenty-one million dollars ($21,000,000) in the negative. Now, if you are not going to vote for
the fire fee, you bascially are saying we got a negative of twenty-one million dollars
($21,000,000). Now, we got to come up with it some way, and obviously the only answer is, to
slash, layoff, you know, slash and burn everything. Now, the problem with that is this, if we do
nothing, and that was my first option. I say, you know, I have had some pretty bad luck lately in
politics, maybe because I have supported some fees, like the gas tax. And, I said, I would like to
be in a position to be safe and secure like a J.L. Plummer who has been there for years and I
don't have to worry about being thrown out by the voters like I just was. And, I said, why don't
we just do nothing? And, you know what they told me, is that the Oversight Board would love
for us to do nothing. You know why, and Marion Barry by the way pulled that trick and he lost
everything. They just told him his manager is no longer there and they put him in... and they
have posed a new manager, last week in D.C., same Oversight Board process. If we don't do
anything, they will impose a garbage fee that is equal to whatever the cost it is to provide the
service which would be about four hundred dollars ($400) per household. Is that a fair
statement, Bob?
Mr. Nachlinger: Yes sir, it is.
Vice Chairman Teele: And, in fact, the Oversight Board has said, "we don't even really love the
fire fee. We would rather you impose the Solid Waste fee and let the Solid Waste system pay for
itself." So, we don't have to pass this fire fee, we could drop it and bring the Solid Waste fee up
to whatever it costs to provide the service which is about four hundred... What's the correct
number?
Mr. Nachlinger: Actually, it's...
Commissioner Plummer: Two sixty-two.
Vice Chairman Teele: No.
Commissioner Gort: Three sixty.
Mr. Nachlinger: It's about 360, 365.
Vice Chairman Teele: About three hundred and sixty-five dollars ($365) per household. And,
that would raise a net of about how much money?
76 December 30, 1997
Commissioner Plummer: That would double the amount.
Mr. Nachlinger: That would bring us up to about twenty...
Commissioner Plummer: Two.
Mr. Nachlinger: ... two, twenty-three million.
Commissioner Plummer: Just about double.
Vice Chairman Teele: So, that's sort of the trade off here. But, we can't... we have to do one or
the other. Basically, the reason this is important is, it is very poor public policy. What we are
doing now from a... with all due respect, Harvard School of Business in Management point of
view, is bad public policy. Because what we are doing is, we are providing a Solid Waste fee for
substantially below what it would cost. In other words, if the City of Miam had been voted
down and the people who had gone into an unincorporated status, they would be paying a fee
right now of about three hundred and fifty to four hundred dollars ($400) for Solid Waste pickup.
So, there are no easy solutions here. We either have to be for the Solid Waste fee in the full
amount or the fire fee without exemptions, et cetera. Now, what we did when we tightened up
the exemptions is, we squeezed out another three million dollars ($3,000,000), essentially. Is
that a fair statement?
Mr. Nachlinger: Yes, sir.
Vice Chairman Teele: Did the Oversight Board estimating committee, yesterday, approve that
number?
Mr. Nachlinger: They approved the number, but they asked us to withhold any expenditures
until the revenue was much more secure.
Commissioner Plummer: Until the check clears.
Vice Chairman Teele: Which is where we are right this minute. And, that's why J.L's point is
such a profound point. Because what happens in the worst case scenario that this fire fee doesn't
go through? Which is the question. And, the simple answer is, there will be manuere all over
the place because there is no money anywhere. We will be twenty-one million dollars
($21,000,000) in the red on the reoccurring income basis and the Oversight Board would not let
us go into a capital fund based upon the sale of property or some of those things to make up the
difference. I mean, that's one of the hammers that they have got over us. Is that correct, Frank?
I mean..
Mr. Rollason: That's exactly right. They want recurring revenues, they don't want the one time
shots to run...
Commissioner Plummer: And, we agreed to that already.
Mr. Rollason: ... the day to day operations. So...
Commissioner Plummer: We agreed to that. Before this administration got in here we agreed
that there had to be recurring revenues. We were going to sell the property to try to help and
relieve the problem as it was immediate. But, as far as recurring is, we have got to do that.
Vice Chairman Teele: And, I got to...
77 December 30, 1997
Mr. Rollason: I also want to point out that the Oversight Board stated in the estimating
conference yesterday, that they were willing to go forward with approving these numbers even
understanding that they were facing a potential challenge to this, but they were... said to us "we
will allow the City to go forward with the fire fee because that is the direction that the City
Commission wants to go and we will see how it plays out." In other words, if there are
problems, it won't just be staff coming to you with what we are going to do. I am sure that we
are going to hear very quickly from the Oversight Board because we are going to be projecting
right into the red just like the Vice Chair is saying.
Vice Chairman Teele: The day it hits the fan like that, you know, the Oversight Board in effect
kicks in and they will start making decisions real fast. And, one of the reasons why I think it's
very important that the Manager designate is here, is that the whole idea of the Police
Department for example, and Police and Fire represent 50 percent of the... about 50 percent of
the personnel hire of the City, in those two departments. You would have to lay off over 300,
400 police before you begin to touch the General Fund.
Mr. Nachlinger: That's correct.
Vice Chairman Teele: In other words, because of the tremendous and outstanding job that Chief
Warshaw and them have done, the whole Police Department is being funded this year, next year
and in the third year substantially of grant money. So, if we have a big fall, a big defecit, and
remember 50 percent of the whole employees are Police and Fire, if we come in ten million
dollars ($10,000,000) short, all of those cuts are going to wind up being personnel cuts on the
non -Police and Fire, pretty much the non -Police and to a great degree non -Fire side, point of
view. So, in effect, over half of the workforce of this City would be imperilled.
Mr. Rollason: And, I can tell you that this City cannot continue to provide the services by
coming and cutting those essential employees. We are down to the end of those general
employees that can go away.
Commissioner Plummer: I hear you, I have made it for the record. I state it, I still am not
comfortable, but I put it on the record. My next question, in the Fire Department, you sent me a
memo. Here we are in a department that is in fact life giving support, and you are telling me in
this memo, which I assume my colleagues all received, of the questions that I asked the other
day. That in the five year plan, you have roughly, for round numbers eight million dollars
($8,000,000) worth of monies dedicated to the Fire Department.
Mr. Rollason: That's correct.
Commissioner Plummer: And, yet, what the total needs are, are 16 almost 17.
Mr. Nachlinger: That's correct.
Mr. Rollason: That is also correct.
Commissioner Plummer: Now, if we make three million dollars of additional monies from a fire
fee, isn't that a logical conclusion that at least that three million dollars ($3,000,000) would go to
the Fire Department?
Mr. Rollason: All right, let's go to page...
Mr. Nachlinger: Sixty-seven.
Mr. Rollason: Let's go to page 67.
78 December 30, 1997
Commissioner Plummer: All right, let's go to 67. I am on 67.
Mr. Rollason: All right, you will see the removal of the exemptions from the fire fee which we
have estimated at three million.
Commissioner Plummer: That's correct.
Mr. Rollason: All right, if you look down to the additional capital equipment, you see two
million dollars ($2,000,000), and you see that repeated as we go over the years, ten million
dollars ($10,000,000) in the five year plan.
Commissioner Plummer: Yeah, but is that part of the eight million that's already proposed?
Mr. Rollason: No.
Mr. Nachlinger: No, sir. That's additional revenue.
Commissioner Plummer: That's additional revenue.
Mr. Rollason: That is additions. That's addition to.
Commissioner Plummer: So, you are telling me that in five years, it will raise an additional ten
million dollars ($10,000,000)?
Mr. Rollason: That is what we...
Mr. Nachlinger: Which will be dedicated to the Fire Department capital equipment.
Chairman Hernandez: Right.
Mr. Rollason: That is correct. There is a resolution today...
Commissioner Plummer: Well, it doesn't say Fire Department.
Mr. Rollason: But, there is a reso today in your package for you all to approve that designates or
delineates or identifies tags those first two million dollars ($2,000,000) over what is anticipated
which is this part of this three million. So, in other words, if a million comes in, that million will
go to Fire, if two comes in two will go to Fire. So, these other items that you see here that are
being addressed as part of that other million dollars ($1,000,000) is what we are saying will not
take place, that all of the fire fee money will go to Fire and if we reduce or remove General Fund
money, the General Fund money will take care of these other items that are in the Legislative
Budget Office, Audit Management Office, and any renovations to the loth floor. All of the fire
fee money will go to the Fire Department. But what we are saying is, is that management will
not come, the administration will not come and offset that additional two million dollars
($2,000,000) by reducing or not funding the General Fund money so that they can use that two
million dollars ($2,000,000) strictly for capital and not for operational expenses. And, that is
earmarked in the resolution that you have there before you today.
Commissioner Plummer: All right, so what you are telling me is that the initial eight million
dollars ($8,000,000) for five years is now going to be increased by an additional two million per
year for five years? Then, I am to assume that in the five-year plan, you are talking about, for
the Fire Department, roughly eighteen million dollars ($18,000,000). Is that a correct statement?
79 December 30, 1997
Mr. Rollason: Sixteen million, we are talking. Well, you are right.
Commissioner Plummer: Eighyt and ten are still 18.
Mr. Rollason: You are correct. In other words, what the Chief has asked for, in other words, it
may be that once the capital needs are met, and then again, these are good estimates, but once the
capital needs are met, we are certainly going to look at running the operational side of the Fire
Department with the fire fee and not funding it with General Fund. So, there may be some
reduction on capital, but all the fire fee money will go to the Fire Department. The objective is,
with that motion or that reso, to earmark that money for capital in the Fire Department until we
reach that point that the Fire Chief can stand here in front of you and say that he is satisfied with
his equipment, with his fire stations...
Commissioner Plummer: He will never say that.
Mr. Rollason: Well...
Commissioner Plummer: You know that. All right.
Mr. Nachlinger: Commissioner, if I could? The resolution you have before you designates the
first two million dollars ($2,000,000) annually over a period of time to a maximum of nine
million. So, you do have seventeen million dedicated to fire, capital, equipment in the plan as
opposed to... The additional million dollars ($1,000,000) could be used for other capital...
Commissioner Plummer: Sir, the plan I have in front of me, page 67...
Mr. Nachlinger: No, sir, you are correct. I am saying that the resolution you have before you
designates the first two million dollars ($2,000,000) annually up to a maximum of nine million.
Mr. Rollason: And, that is what matched what the Fire Chief has said that he needs with this list.
Commissioner Plummer: All right, all right, all right. I feel better about it. All right, I have
another question.
Vice Chairman Teele: Does feeling better about it mean we are getting there?
Commissioner Plummer: Sir, you play your game and I'll play mine.
END OF DISCUSSION -- NO ACTION TAKEN
80 December 30, 1997
----------------------------------------------------------------------------------------------------------------
10. (A)BRIEF COMMENTS CONCERNING COST OF COMPUTER
CONVERSIONS TO YEAR 2,000 -- DIRECT CITY ATTORNEY TO
PREPARE LEGISLATION REQUIRING UNANIMOUS CONSENT FROM
CITY COMMISSION FOR USE OF MONIES FROM STRATEGIC
RESERVE FUND.
(B)DIRECT CITY MANAGER TO ALLOCATE TO FIRE -RESCUE
DEPARTMENT THE FIRST $2 MILLION OF EXCESS MONIES
RESULTING FROM FIRE -RESCUE ASSESSMENT COLLECTION --
FURTHER STIPULATE TO USE SUCH FUNDS ONLY FOR CAPITAL
EXPENDITURES WITHIN SAID DEPARTMENT.
Commissioner Plummer: Mr. Manager.
Mr. Rollason: Yes, sir.
Commissioner Plummer: I don't know what it's going to cost this City, but I saw some numbers
that staggered me the other day of what it's going to cost the State of Florida to convert
computers on the midnight of the year 2000. And, I saw some numbers in the State of Florida,
and it's going to cost them some eighty million dollars ($80,000,000). Have we any idea what it
is going to cost the City of Miami and is it in the five-year plan since it's right in the middle?
And, I am understanding that it could be a figure in the City somewhere one million or two
million dollars ($2,000,000).
Mr. Rollason: All right. It is in the five-year plan. We are working on...
Commissioner Plummer: What page?
Mr. Rollason: ... converting the... to 2000. I will let Aldo come up here to speak to it, but there
is a number of hours that have been identified that we have to address. We are aware of that.
The 2000 issue is not as big a concern to me with the briefings that I have had as the A17
computers. They are...
Commissioner Plummer: I... That's a different item. We know about that.
Mr. Rollason: What I am saying is, that's real... There is six milllion dollars ($6,000,000) there
with one plan and eight million with another. So, I mean, there's real dollars that we have got to
adjust. Aldo, you can address the 2000 issue.
Mr. Aldo G. Stancato (Interim Director/Information Technology): Yes, sir. The year 2000
conversion, we started that way back in '92 and as we speak we have about 8,000 hours of work
to do. Now, that may seem like a lot, but we are estimating that we are going to be done roughly
about November of this year, that's what we are shooting for, so we can roll... Not, this year,
next year. So, that we can roll into 1999 with the work completed. Now, this is all, also,
depending on if, you know, if we don't get bombarded with a lot of other requests, but we think
we have it well in hand.
Commissioner Plummer: My question is, dollars. Are the dollars adequately in the five-year
plan addressing the problem, at the uttermost, we got to do it, we have no choice? This isn't a
thing we can delay.
81 December 30, 1997
Mr. Stancato: Part of the year 2000 will also involve the replacement of the A17's which is a six
million dollar ($6,000,000).
Commissioner Plummer: I am not addressing...
Mr. Stancato: That is in the five-year plan.
Commissioner Plummer: I am not addressing that, I am addressing the conversion.
Mr. Rollason: No, but what you have to understand... What we have to understand with the
A17's, is the A17s is going to give us the ability to be tied in to the PC units that also have to be
able to roll into this and the A17's is an intrical part of us reaching the 2000 year problem. So,
it's not like, Aldo is going and go do some work with his people for 8,000 hours and this thing is
going to fall in place. He has got to do 8,000 hours worth of work and we have got to get the
A17's replaced and that is part of the total picture so that we can tie them in to the individual
PC's system of working.
Commissioner Plummer: I am assuming your answer is, that you have adequately prepared for
the problem?
Mr. Rollason: That's true.
Mr. Stancato: Yes, sir.
Commissioner Plummer: OK.
Chairman Hernandez: Mr. Manager.
Commissioner Plummer: My final question. You could have said that easily in "yes" or "no."
My final question is, is a concern in reference to the reserve for strategic investments. I have sat
here for many years and my problem over the period of years that these trust funds have been
developed and the next thing you know, they either disappear or they are not being adhered to. I
am concerned as to the expenditures of those funds and how they are controlled. You are talking
about the possibility of twenty-six million dollars ($26,000,000). I would like to see, without
question, the most stringent controls that you can place on these so that everybody, this
Commission, the public and everyone knows when those monies are going to be expended. I
said to you the other day, and I know it's not going to happen, that it takes a unanimous vote of
this Commission to remove or to expend those funds. I think no less than four -fifths vote should
be a guiding light that none of those funds can be expended without a four -fifths vote of this
Commission. I don't find that here.
Mr. Nachlinger: No, sir, you do not. The reserve for strategic investments and the discussion
that's within the five-year plan at this point is merely some ideas from the Mayor and the
administration on potential uses for this money. Not only would any use of the money have to
come back before this Commission to be voted on, it would also have to be approved by the
Oversight Board prior to those expenditures occurring. So, if the Commission wants to raise the
bar, if you will, on the expenditure of these monies and call for an extraordinary majority,
certainly that's within your purview to request and the legislation can be done.
Commissioner Plummer: How do you all feel? I mean, I don't know how the rest of the
Commission feel.
Vice Chairman Teele: Mr. Chairman.
82 December 30, 1997
Commissioner Gort: Put it in writing. [off microphone - phonetic]
Vice Chairman Teele: I would ask that the management work with the attorney now and prepare
an ordinance that requires unanimous consent to expend any of the funds from the strategic
reserve.
Chairman Hernandez: I absolutely agree.
Commissioner Plummer: I will move that.
Vice Chairman Teele: And, we could just take that up if there is an opportunity either the 13th
or if there is an option to do it tonight, whatever.
Chairman Hernandez: We have a motion by Commission Plummer, seconded by Commissioner
Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: I have no further questions right now.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-929
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE APPROPRIATE
LEGISLATION TO REQUIRE A UNANIMOUS CONSET FROM THE CITY
COMMISSION FOR ANY MONIES TO BE EXPENDED FROM THE STRATEGIC
RESERVE FUND.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Mr. Rollason: Can we get to that one reso and get that passed on the...
Commissioner Plummer: Which one?
Mr. Rollason: ... first two million for fire on the excess that is before you....?
Commissioner Plummer: Absolutely. I'll so move that that...
Vice Chairman Teele: But, wait a minute.
Chairman Hernandez: Wait a second. Wait a second.
83 December 30, 1997
Vice Chairman Teele: I thought you had passed a fee.
Commissioner Plummer: The what? No, I don't want you guys out there in that fire truck, one-
third, if you know what that is.
Vice Chairman Teele: I second the motion.
Chairman Hernandez: We have got a motion by Commissioner Plummer, seconded by
Commissioner, Vice Chairman Teele. All those in favor say "aye."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-930
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 YEARS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
84 December 30, 1997
----------------------------------------------------------------------------------------------------------------
11. (A)RATIFY MAYOR SUAREZ' APPOINTMENT OF JOSE GARCIA-
PEDROSA AS CITY MANAGER -- ESTABLISH CITY MANAGER'S
GARCIA-PEDROSA'S SALARY AT $96,000 -- REQUEST GARCIA-
PEDROSA'S COMMENTS ON POLICE CHIEF DONALD WARSHAW
AND ON AGREEMENT BETWEEN MAYOR SUAREZ AND STATE
ATTORNEY'S OFFICE TO RESCIND TERMINATION ACTIONS OF
CERTAIN EMPLOYEES.
(B)DISCUSSION CONCERNING ASSURANCES FROM CITY MANAGER
TO DEVELOP PROCESS TO ALLOW WOMEN AND BLACKS TO
ACHIEVE THEIR POTENTIAL.
(C)DIRECT INTERIM CITY MANAGER TO INSTRUCT EXTERNAL
AUDITORS TO RESEARCH AND RECOMMEND EXECUTIVE
BENEFITS PLAN FOR CITY MANAGER -- FURTHER REQUEST
RESEARCHING ESTABLISHMENT OF MULTI -TIER BENEFIT PLAN
FOR EXECUTIVES BASED ON CITY RESIDENCY -- SEE LABEL 13.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: We agreed earlier, before we recessed to take on the item on the
appointment or confirmation of the City Manager. We were going to do that at 4:30, it's now
4:56. I would like to call Mr. Jose Garcia -Pedrosa to the podium for some questions and
answers. [APPLAUSE] Good afternoon.
Mr. Jose Garcia -Pedrosa: Good afternoon.
Chairman Hernandez: Mr. Garcia -Pedrosa, one question I had, just to clarify for the record, for
the rest of the Commissioners to know, and I am sure you have had conversations with them is
that possible swearing in today would not take effect immediately but would take effect as of
January 5th of 1998, is that correct?
Mr. Garcia -Pedrosa: That's correct, Mr. Chairman. My successor in Miami Beach has been
sworn in with the same proviso and so there would never be a time when I will be the Manager
of two cities for you to approve me, nor would there be a time when either City would be left
without a Manager. I guess, there are no more questions.
Commissioner Regalado: There are questions. I was waiting... Mr. Garcia -Pedrosa, I... of
course, that I have said in the media that I have known you for many years and I respect your
work in the City of Miami Beach in the City of Miami. And, of course, everybody knows the
way that I will be voting, but I am troubled by another statement of the Mayor regarding the
Chief of Police and I thought that we have put that aside and that the City was trying to move on,
but I am told that the Mayor has said with the new City Manager the situation with the Chief of
Police is not over. So, I was wondering if you could explain to me what do you think that meant,
or if you had any new ideas since we spoke about this situation?
Mr. Garcia -Pedrosa: Commissioner, I didn't hear the statement so I can't explain it in detail, but
let me make two points, if I might in response to your question. First of all, Mayor Suarez and I
have agreed as indeed is the legal setup in the City of Miami and elsewhere, that he will be the
Mayor and I will be the City Manager if you approve of me. And, that means that personnel
decisions will be done by me as required under the Charter. With specific reference to the Chief
of Police, I have said publicly before and I will repeat again, in response to your question. I
think the only fair thing for an incoming Manager...
85 December 30, 1997
Commissioner Plummer: What is this...?
Mr. Garcia -Pedrosa: ... to do is to evaluate all supervisory personnel on the merits in due
course...
Commissioner Plummer: Where did this come from?
Mr. Garcia -Pedrosa: ... with ample opportunity for everyone to prove themselves. No one will
be... certainly not terminated in advance. My mind is open on all the supervisory positions. I
think it's important that we all prove overselves to you and staff to me everyday. And, therefore,
I intend to apply all of those principles Citywide to all Department Directors and so there be no
question, those principles will apply specifically as well to the Director of the Department of
Police who is the Police Chief. So, no, I have no intension of taking any action different from
what I will take with respect to every other supervisory employee.
Commissioner Regalado: What are your ideas, Mr. Garcia -Pedrosa regarding the agreement that
was reached between the Mayor and the State Attorney and the employees that were supposed to
be back to the City, I guess today, or yesterday? Could you tell us your views on these people
and what are your plans?
Mr. Garcia -Pedrosa: I read the agreement, Commissioner Regalado. Frankly, in the absence of
that agreement, I think that with those personnel coming back, I would do the same thing that the
agreement requires me to do legally, and that is, to evaluate each person anew on the merits, on a
clear slate. And, I think, I say that because I think that's the equitable and the fair thing to do.
So, every employee who is able to return to the City's employment will not only have that
opportunity but I pledge to you and to them, beyond the legal requirement that I think that
document entails, that they will be treated fairly, given every opportunity to prove themselves
just like every other employee who is not in that group or who is in a supervisory position. And,
if they serve the City well, they will stay.
Commissioner Regalado: Thank you.
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: I really have no questions to ask. I guess I am the only one up here
that had the opportunity to serve with him before when he was here. He was a total professional
and I respect that and I like that. And, as I said in the paper the other day, he was totally
independent and I hope that hasn't changed and I don't think it will. I have had some very good
discussions with him and I think that we are mutually in the same mind, that is the protection and
the long life of this City. And, as such, I am ready to vote when the vote is ready to be taken.
Chairman Hernandez: Commissioner Gort? No questions. Vice Chairman Teele.
Vice Chairman Teele: Thank you, Mr. Chairman, and I will endeavour to respect the time
constraint. Mr. Garcia -Pedrosa, first let me welcome you and thank you for again offering to
serve, you have a very distinguished career, an exemplinary career. And, as I have been quoted
and I want to reaffirm it, I find you to be of high integrity, to be very honorable and litterally to
be brilliant. I think it's a true credit to you and your family that you again have offered to serve.
I also want to compliment you on marrying well. It's always good when you can marry up, and
you have done that, too.
Mr. Garcia -Pedrosa: Thank you, sir.
86 December 30, 1997
Commissioner Plummer: That's not part of the contract.
Vice Chairman Teele: Mr. Pedrosa, if I nay? There has been a lot of discussion about this
Oversight Board and the five-year plan, et cetera. Do you believe that a financial emergency
exist as outlined in the contract that has been signed by the City and the Governor that brings rise
to the Oversight Board, and do you acknowledge the Oversight Board's authority under the
Interlocal Agreement to carry out its duties?
Mr. Garcia -Pedrosa: The answer to the second question is definitely, yes. Mr. Vice Chairman I
have spoken, albeit briefly with the Chair of the Oversight Board, for whom I have enormous
respect and I have known him for some time. And, I have stated to him, and I will state to you
again, publicly. It is my intention to work closely with the Oversight Board. I think that the path
that this City should follow is to earn our way out of the Oversight process, to do the things that
the Oversight Board requires us to do. And, I must say, parenthetically, [phonetic] and Bob
Nachlinger has given me now two... I don't know, Commissioner Gort, where you got three
books, I only got two. I guess, I got started late. But, the amazing thing to me in these books
that Mr. Nachlinger has given me is that a lot of these things did not exist previously or do not
exist now because, frankly they are common sense. We have a lot of them in the City that I
leave, and I say, I think the task before us is to work with the Oversight Board to ensure that we
establish and prove to them, frankly, that their services will no longer be needed at some point in
time in the future, to their satisfaction. And I say the same thing with respect to the Governor's
Office. I met with the Governor's Aide recently and assured him that if the Mayor did ultimately
nominate me and appoint me as he did, and if you approve of that nomination or appointment,
that I will work closely with him and with the Governor's Office. As far as the existence of a
fiscal emergency or urgency or whatever, and without getting into a semantic discussion, may I
remind you, Mr. Vice Chairman and the Commission that the law firm that the City hired which
recently changed its name again, but was called Tew and Beasley, used to be called Tew and
Garcia -Pedrosa before I left that firm. Tom Tew and some of the partners who are still there,
Mr. Cardenas, in particular, Mr. Rebak, who are my old partners and who represent the City in
the lawsuit that is pending have walked me, albeit rather briefly, through the lawsuit. I can say
that I probably spent the last ten years of my professional life as a lawyer doing that kind of
work and dealing with issues of municipal finance and auditing. And, so, as a result of those
conversations, and the information that they imparted to me, together with what I have been
studying for the last, probably 13 or 14 days, gives me the view that whether you call it an
urgency or an emergency or anything else, the City is in financial difficulty of a serious nature
that requires a serious action to address. I might add one other thing, Commissioner Plummer,
when you asked about assurances if revenues do not increase as would be the case with a fire
rescue fee or a sanitation fee. One of the things that I have come to realize in my discussions
with Bob Nachlinger is that the last year's turn around has been done as a result of increasing
revenues rather than decreasing expenditures.
Commissioner Plummer: That's not all...
Mr. Garcia -Pedrosa: I think there was some twelve or thirteen million dollars ($13,000,000) in
fees. There was a six million dollar ($6,000,000) delay that the unions agreed to in the wage
increases.
Commissioner Plummer: Twelve and 13.
Mr. Garcia -Pedrosa: Twelve and 13.
Commissioner Plummer: Over two years.
Mr. Garcia -Pedrosa: OK. And, there was a six million dollar ($6,000,000) from memory
adjustment in the yield for the Pension Board, and therefore affecting the contributions that the
87 December 30, 1997
City would have to make. Those are not normally the kinds of things that you would think of as
belt tightening or decrease of unnecessary personnel or expenditures. And, that's an area that I
would like to explore to see if there are some opportunities there to improve the City's financial
condition.
Vice Chairman Teele: I think I should state for the record that the Chairman of the Oversight
Board views your appointment with some degree of pleasure and enthusiam and based upon your
reputation. And, again, I am sure he would be encouraged to hear your words as is the External
Auditor that is found in several opinions, opinion letters and management reports, those same
operational efficiency concerns and things that Commissioner Plummer has previously eluded to.
Let me, very quickly, touch upon the organizational chart. The organizational chart that we have
just passed is something that I would like to know, can you live with that for the next nine
months and can we move forward and not have to deal with square pegs and rounds holes or are
we going to be doing this exercise for the... ? Would you be proposing we revisit this again?
Mr. Garcia -Pedrosa: Mr. Chairman, the short answer is, yes, I can live with this chart. Let me
make a couple of brief comments if I might, just to give you the benefit of my thinking, because
a little bit of...
Vice Chairman Teele: And, when you finish, Mr. Chairman, I was unaware that there were
persons seeking to be heard. I don't know how you want to deal with it, but I will be more than
happy to yield some time to them, if you would like. But, please, Mr. Garcia.
Chairman Hernandez: [inaudible] the Commissioner.
Mr. Garcia -Pedrosa: The Planning and Economic Development matter that you addressed
earlier, I think is important because, and I had this happen in my current job. There seems to be
an inherent tension, if not an actual conflict sometimes between the people that promote
development and the people that, if you will, through the planning process, make the rules for
land use. Not to say that Economic Development folks try to cut corners or do anything
improper, but I know that in Miami Beach, I was asked and I agreed to do it, to separate the
supervision of the two functions to ensure that there was a division between promoting the use of
land among other things, with one of the aspects of Economic Development, of course, being
that, and regulating it on the other. And, so, I believe that you have addressed that issue and I
think it's an important one. The only other comment that I would make is with respect to Fire
Rescue and Police. Well, two other comments 1 will make. Fire Rescue and Police is the
second. I had asked the Mayor's Office to include that under the Operations Assistant City
Manager, only because these are two huge departments with great needs. The problem is, that I
found myself on the Beach, frankly unable to devote the time and attention that those
departments needs. And, I'll do the work if you approve of my appointment in the manner in
which you have laid it out here. That's not a problem. I think I will ask the Operations Assistant
City Manager at least to assist me because the needs of those departments really are great, and
they frankly take up a lot of time. And, I think it was you, Mr. Vice Chairman that stated, they
represent in most cities a substantial proportion of the number of employees. The last point I
would make and it's been correctly put forth, I think on page 85 in the chart that you proposed or
you adopted, although the box is a little bit to the right. I have heard it stated that the City
Manager works for the Mayor in this City, and that's not the way I read the Charter. But, since I
am a lawyer as you know, I asked the City Attorney to help me with that, and we read it
together, the specific enumeration of duties of the City Manager and in every instance where
there was an addressee, if you will, of those duties, the Charter says, Mayor and Commission.
And, so, what the City Attorney explained to me was that because of the change in the City of
Miami to a process in which the Mayor appoints subject to your approval, the City Manager,
there has been some, I forget which word, Quinn, you used, misperception or whatever, that the
City Manager works only for the Mayor, but that's not the case. I want you to know that's not
88 December 30, 1997
the way I view it. I think I work for both of you and I think this chart, despite the fact that the
box is a little bit to the right recognizes that the City Manager is the City Manager answerable to
both the Mayor and the City Commission. I have had discussions with the Mayor about this as
well, and we see eye to eye on this also.
Commissioner Plummer: You know how to count to five.
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: Mr. Chairman, if I may continue? Very quickly, there are core initiatives
which essentially are the annual element of this five-year plan. These core initiatives are
designed by the Oversight Board to represent what they can expect the Commission and the
Manager and the Mayor will be working on. I have issued a letter today to my colleagues, I am
sure you haven't had an opportunity to see it but I want to just point out one thing. And, I note
that the Mayor has been afforded the opportunity to weigh-in on this plan. But, to date, the
Mayor, Mayor Suarez, has been extremely reluctant to propose any changes or additions to the
plan. I think this is a serious mistake in that the Mayor's dynamic approach which we read a
different element of it almost every week, to address neighborhood and Citywide issues is not
included in this plan. Now, this is not a political statement. I happen to think Mayor Suarez is
on to something when he is talking about beautifying the City. It's very well received in the
neighborhoods. He said he wants to do it all year, and yet it's not in the plan. I am proposing,
again out of defference to the Mayor, today, later on today, to move it into the plan as a core
initiative. But, I want to know, are there some things that you plan to do, that are other than just,
you know, coming in every morning at six o'clock or so, and getting home about 11 o'clock. I
mean, you know, other than the normal things we would expect a Manager to do as he, in a
financial emergency like we are in, I am only joking, man, Your Honor, I certainly don't mean
that seriously.
Commissioner Plummer: God help you if you go to court.
Vice Chairman Teele: Are there anything, Jose, seriously, that you want to see in this plan,
particularly the core initiative that you think we have just sort of totally overlooked, that's
important to you, or your management philosophy or based upon your years of experience what
needs to be done in the City of Miami? Because, the whole idea of putting this plan together is
that we are not going to review the plan every month or every quarter, we are going to be
implementing the plan until September, October when we write a new plan, and each year we
have to do a new plan. So, I guess, I am affording you the opportunity, if you will, if there is
anything in this plan...: I have also proposed that we add into this plan the CDBG (Communtiy
Development Block Grant) contract grant review. I mean, we have got some problems there.
It's no big deal. It's not as bad as you would read it in the papers and believe, but it's a serious
problem because when HUD (Department of Housing and Urban Development) is questioning
twenty million dollars ($20,000,000) or five million dollars ($5,000,000), we don't have the
flexibility to give them back two million dollars ($2,000,000) and say go home. So, I am just
trying to understand, Jose, do you have anything that you think that you would like to just read
into the record now that needs to be done in this next year that's not in this plan? Because, what
I would not want is in April to get a letter or a memo from you announcing that you are taking
on a new initiative, for example, to clean the Miami River, something that somebody should
have done 100 years ago, and somebody should be doing right now.
Mr. Garcia -Pedrosa: But, that's not the...
Vice Chairman Teele: And, I know the Chairman has got some interest and one of the State
Representatives, and it's not in the plan.
89 December 30, 1997
Chairman Hernandez: Right
Vice Chairman Teele: But, do you have anything that's very hot that you think you want to do
soon?
Mr. Garcia -Pedrosa: No, sir. Let me first state to you that Frank Rollason has provided me the
second attachment to the memo issued by the Mayor yesterday. I had not seen this attachment
which is Appendix G, which are initiatives, well the title is "Initiatives Considered for Future
Development in the next Five Years." And, I simply mentioned that so that it be clear on the
record as to what the Mayor's input on this is. For me, let me say that anybody who has read as I
have and highlighted and tabbed and so forth, this five-year plan will quickly realize how
comprehensive it is. And, so, if you asked me in this fiscal year, do I have anything that is not a
refinement or anything major that is not here, the answer is no. Do I have things that I would
like to develop when the more urgent matters are attended to? Yes. For example, talking about
the core initiatives. The second operational core initiative is "Established Bench Marking and
Performance Measures." We, in the City of Miami Beach instituted two years ago, and have
been expanding the Sunniville California Performance Based Budgeting. If you ever want to see
a powerful, powerful, not just budgeting tool, but a management tool, Performance Based
Budgeting is really it. I would like to bring that beyond Bench Marking here, but I don't think
that's the first thing that has to be done. I think the more urgent or emergent measures that are
called for under the five-year plan are the things that I need to concentrate on first to satisfy the
requirements of the Oversight Board. Commissoner Teele, if I may say one other thing, sir,
because I would not want the record to be unclear on this. If you will permit me, Mr. Chairman,
you had raised the issue during the discussion earlier about my commitment to African -
American and women employment.
Vice Chairman Teele: Well, I will be happy to ask you the question, rather than give you an
opportunity to give me your extemporaneous.
Mr. Garcia -Pedrosa: All right Sir.
Vice Chairman Teele: As, I understand it, on Miami Beach, the number of Managers, Assistant
Managers and Directors total approximately 32 persons?
Mr. Garcia -Pedrosa: Number of what, now?
Vice Chairman Teele: Directors, Department Directors, Assistant Managers and Managers,
using this organizational chart that we have here.
Mr. Garcia -Pedrosa: I don't agree with that, sir.
Vice Chairman Teele: How many do you have?
Mr. Garcia -Pedrosa: OK.
Vice Chairman Teele: Well, let me just ask you if you could look at this and see if this is a
current chart. It's 32 boxes.
Commissioner Plummer: Boxes are what I sell.
Mr. Garcia -Pedrosa: But, you have a number of offices and subdivisions and so forth in those
boxes. The actual number of departments, I believe, is 12, and the actual number of divisions
and major offices are either seven or eight depending on whether you count one in or out. So,
that would give me about 20.
90 December 30, 1997
Vice Chairman Teele: The organizational chart, I agree with you on the number of departments.
The organizational charts of Directors, Assistant Managers and offices in your organizational
chart is 32. But, even if you assume it's 22, it gets worst. How many Black women have you
appointed in any of those 32 boxes or 20 boxes because for the record, it's my understanding
based upon the City's EEO (Equal Employement Opportunity) statistic, there are zero Black
women in any of those boxes?
Mr. Garcia -Pedrosa: Well, let met come at it this way, Department Directors, Assistant
Directors and my Chief of Staff, there are five. I appointed three of those five, two were already
there. That's African -American.
Vice Chairman Teele: Well, but I don't think we should hold you to who you appointed. I
mean, you had total control of organizing...
Mr. Garcia -Pedrosa: I got five.
Vice Chairman Teele: Look, I don't want to make this ugly, but the fact of the matter is, you are
the kind of guy who takes charge. And, if... It would seem to me that if the geometric
proportion of competent qualified Black women or Blacks or women in general which is pretty
bad as well, isn't right, you would make whatever changes you have to make. I am not asking,
did you fire anybody or hire anybody? I am only asking one question. How many Black women
have you appointed in those positions, in those boxes as the City Manager of the City of Miami
Beach?
Mr. Garcia -Pedrosa: Of the five that I have which should correspond to those boxes, although I
am not sure the Chief of Staff is named there, I appointed two Black women.
Commissioner Plummer: Two out of five.
Mr. Garcia -Pedrosa: Yes. The Assistant Sanitation Director and my Chief of Staff.
Vice Chairman Teele: Well, see, now we are getting ready to do the... See, and that's what I am
not going to let you do. Department Heads.
Mr. Garcia -Pedrosa: OK, Department Heads, out of 12, I have one, two. Two.
Vice Chairman Teele: Two Black women?
Mr. Garcia -Pedrosa: No, two Blacks.
Vice Chairman Teele: OK. Now, let me ask this again. Women, men.
Mr. Garcia -Pedrosa: OK.
Vice Chairman Teele: Black, White, Hispanic. How...
Mr. Garcia -Pedrosa: No, the two are males, so the answer is, no.
Vice Chairman Teele: ... many Black women have been appointed to Assistant Manager,
Department Head and Independent Offices, just like we talked about the WAGES Office a
minute ago, that... even though that may not be a department, that becomes an independent office
just like EEO is normally in most governments, in most corporations, not a Department Head but
an independent box, just like Office of Professional Compliance is an independent box. They
91 December 30, 1997
may not be... but, these are people who normally in municipal government are accountable to
you. How many Black women have been appointed by you and served in any of these positions?
And, I want you to just refute the evidence that I have before me, that the answer is zero.
Mr. Garcia -Pedrosa: The answer is two.
Vice Chairman Teele: All right. I think there is a serious problem, Mr. Garcia -Pedrosa with
your sensitivity to women particularly, and by the way as it relates to Hispanic and White
women, the issue is not much better. Six White women, four Hispanic women out of a total of
32, again, and males do very well. And, that's encouraging for me and my son, I guess. But, the
fact of the matter is, is that I think this City needs to have a Manager who is very sensitive to the
tri-cultural aspect of this community and who is very sensitive to the gender that we really do
want to give women an opportunity. I hope that one day we can have a woman City Manager in
Miami Beach or Miami or Miami -Dade County, because I think, you know, coming from my
backgroung, I have seen what discrimination can do to people. And, I just want you to give me
some comfort that women, Hispanic women, White women and Black women, as well as
African -Americans, as well as Haitians, as well as Puerto -Ricans and all will be given an
opportunity, a fair oppportunity to compete for jobs without regard to their gender their race or
their cultural background, and that's an easy one.
Mr. Garcia -Pedrosa: Let me address the women, without regard to race issue, now.
Commissioner, I identified ten of which I have appointed eight. My Finance Director is a
woman, I brought her in. The Division of Purchasing is headed by a woman, I did not appoint
her, she was there, but I have kept her. The Assistant Planning Director, in fact came out of this
City, Janet Gavarette, [phonetic] I appointed here. The Parking Director, I appointed her. The
IT Director, Information Technology, I appointed her. The Public Information Director, I
appointed her. I have two Executive Assistants to the City Manager. One is a female and I
appointed her. I have three Assistant City Managers, one is a female. She was there. And, then
as I said, with respect to African -Americans, the Human Resources Director is an African -
American male. The Sanitation Director is an African -American male. My Chief of Staff is an
African -American female. The Assistant Fire Chief, I think some of you may know, Floyd
Jordan, used to be here. I found him up the coast and brought him to Miami Beach.
Vice Chairman Teele: Mr. Garcia, I don't... because I don't mean to interrupt you. But's it's
very offensive when people start projecting individual names because it's embarrassing to the
person whose name you cite. And, to quite frankly, to what it is we are trying to do. Look, I am
willing to conceive that you are a great administrator. I am willing to conceive that you have all
the requisite criteria to be the Manager. All I am asking you for is some assurance that you will
develop a process that will allow women and men, White, Hispanic and Black to be able to
afford whatever God given potential they have to reach the highest levels of jobs in the City of
Miami without any bias or as little bias as is humanly possible.
Mr. Jose Garcia -Pedrosa: I want to give you that assurance, Commissioner. I guess, I am
sensitive to it because I think that performance is even more important than assurances. The last
time I sat in that chair I hired and promoted more women to professional positions in that office
than any of my predecessors. And, I might add, I hired and promoted more African -Americans
in professional positions, your City Manager being one of them than any prior City Attorney
including my immediate predecessor who is a distinguished African -American.
Vice Chairman Teele: I take that's an affirmative that you will be sensitive to the issue.
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: The final question that I have and then a comment. We are making a
mockery of the concept of executive benefits. I don't know if I agree with the Mayor's position
92 December 30, 1997
on the salary cap. Is it your understanding that you will be limited to ninety-five thousand
dollars ($95,000), a salary?
Mr. Garcia -Pedrosa: Ninety-six thousand is what he wants to pay me.
Vice Chairman Teele: Ninety-six thousand.
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: Is that your understanding?
Mr. Garcia -Pedrosa: That's what he wants. Again, you will make that decision but I want to...
Vice Chairman Teele: Well, I will look to the Chairman for how that motion goes. But, what I
don't want to see develop is a process now of winking and nodding, and in that regard in this
plan, and then as a separate resolution, I am proposing that the external auditors undertake an
extensive review of a tier executive benefits plan based upon on the salary cap that we have in
place and based upon other factors and to work with you in doing...
Commissioner Plummer: We don't have a salary cap in place.
Vice Chairman Teele: To work with you in doing that.
Commissioner Plummer: Well, he can't do that.
Vice Chairman Teele: I strongly believe, however, that people who get executive benefits as a
privilege should live in the City of Miami. I would like to know if you agree with that and I am
very frustrated, quite frankly, that we continue to hire people that don't live in the City of Miami
for the top jobs but for the entry-level jobs we hold everybody's feet to the fire. I would like for
you to just comment, do you plan over the next year or two or three, and I am in a similar
position. Do you plan to...
Commissioner Gort: You got less time. You got...
Commissioner Plummer: If he gets a place get two.
Vice Chairman Teele: I am going to... I have got... I have got an option on J.L.'s...
Commissioner Plummer: Oh, no. [phonetic]
Mr. Garcia -Pedrosa: I am not going to live with you, Commissioner Teele. Separate places.
Vice Chairman Teele: But, do you have a plan, do you have a view on these people that are
being hired that don't live in this City and how do you propose to help us, because it's a very
important issue in developing our tax base? There are five people that are in this room that I can
assure you that live in the City of Miami. And, I think if we five live in the City, then everybody
who works for the City of Miami, as a matter of policy, should live in the City of Miami. Now,
obviously, there are going to be exceptions, you don't want to uproot families. You are going to
have to deal with some things. I know that you probably lived on Miami Beach. Do you live on
Miami Beach now?
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: Because you worked for Miami Beach.
93 December 30, 1997
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: And, I know you will be looking like I am looking for a more appropriate
home and it may take a year or two to do that. And, I am willing to give you more time than the
Charter gives me which is to January 31st. But, do you have a view on employees living,
especially executive employees that don't live in the City and how do you think we should factor
that in when we compute executive benefits?
Mr. Garcia -Pedrosa: Commissioner, I agree that it is a very salutary policy to have the people
that are in important positions in any City live and breathe that City, shop in the supermarkets,
walk the streets, use the public facilities and what not. I think, even though Miami is a much
larger City than say Miami Beach, it's important to have that flexibility of which you spoke also
because in some areas when we try to find the ideal person, that person may or may not live
here. I am talking to somebody, for example in the Finance area that doesn't live in the City of
Miami at the moment. And, I think that flexibility that you mentioned, it would be important in
particular situations. But, I agree completely that it is important that not only the main people in
a City's government be a part of that City but that they also identify themselves fully with the
citizenry, the particular City that they serve.
Vice Chairman Teele: Mr. Chairman, thank you for your indulgence. I would just only follow-
up by asking and ask for permission when you will allow me, Mr. Manager, Mr. Chairman to
make a motion. But, Mr. Pedrosa, I think if we are serious about this, and if the External Auditor
in your office work together in developing, say, a tiered benefit of three levels of four levels,
most governments have three, four, some five and six. That at minimum, if someone is eligible
for say a tier two benefit, and they don't live in the City, they should be required to drop down to
the next level. I would just offer that as a positive inducement, at least for something to think
about because it's out of control. If you look at the people that are being hired and... in this
City, and say over sixty -thousand dollars ($60,000) exempt people. I would be willing to bet
you that 50 percent of the people, and I don't know the answer, that have been hired in the last
year, that are exempt, making over fifty thousand, sixty thousand dollars ($60,000) a year, I
would be willing to bet you 50 percent of them don't live in the City. And, I think that's really a
poor reflection on the Commission, because we all live in the City and we like it. And, the
Manager and the Mayor and the whole process. So, I want to encourage you, I don't want to ask
you the question, will you move to the City? I know you to be an honorable person but I would
hope that you will begin to think about that in a way that your better half, you know, and you are
able to deal with it in a less tension fashion than I am trying to deal with it with my better half.
But, I think it's an important issue.
Mr. Garcia -Pedrosa: I agree, I agree completely.
Commissioner Plummer: I live in the City and I don't have a better half.
Vice Chairman Teele: And, I hope that you will weigh that in appointing people and J.L., has
the best... Well, I won't get into that.
Commissioner Plummer: I live in the City and I don't have a better half.
Vice Chairman Teele: Well, you be careful, J.L. You will be...
Commissioner Gort: Oh, oh, oh.
Commissioner Plummer: She lives in the Gables.
94 December 30, 1997
Vice Chairman Teele: You will have your...
Commissioner Gort: You will be in trouble.
Vice Chairman Teele: You will have your stuff on the street tonight, you would know why.
Commissioner Gort: You will be in trouble.
Vice Chairman Teele: In that regard, Mr. Chairman, I only would... I would only suggest that at
the appropriate time I would like to make a motion because I think what apparently at least three
members of this Commission are prepared to do is going to be a mistake. I think it's not a
mistake to make Mr. Garcia -Pedrosa the Manager. To the contrary, it's to our credit. But, I
believe if we move forward without some type of process that allows people to apply and be
heard, and we can't appoint anybody. The Mayor and only the Mayor can appoint, and the
Mayor could choose to look at a process and ignore it or look at a process and not. But, I want to
just ask each Commissioner this, if the doomsday scenario occurs for some and the rainbow
scenario occurs for others, and that is, if hypothetically there were to be an election, a new
election in April, May, June, July time frame, we are going to look real silly going through the
same process now for the fifth time in one year of naming a new Manager. And, I think we
ought to develop some discipline, some check and balance on the Mayor, and say, Mr. Mayor,
whoever you are, Mr. Suarez, whoever you are, that you can name whatever Manager you want,
but we are not going to confirm anybody if they are not in this pool because I would sure as heck
hate to see us in three or four months in that kind of scenario, which I maintain may or may not
happen, if we don't have a contingency plan for it. And, I think right now to date the musical
chair game over with the Manager has been the exclusive property of one person in this building.
Today, if we do this, and if the courts rule otherwise in three months, we will be a part of that
process forever more. I think it's a mistake to name a Manager today without a process in which
it gives everybody an opportunity, I am willing to concede that Mr. Garcia -Pedrosa would
immediately go into the pool of whatever names are going to be submitted. But, I think we have
to put the brakes on the Mayor, on this Mayor's musical chair to say, we will approve anybody
in this pool but we are not going to allow you to go outside the pool. Because I can tell you this,
if Mr. Garcia -Pedrosa gets upset with the Mayor and the Mayor gets upset with him, I predict he
will fire you because he has fired everybody else. And, then we are going to look silly looking
for somebody else. And, having a pool protects you...
Commissioner Plummer: Yeah.
Commissioner Gort: We can overrule it, yeah.
Vice Chairman Teele: ... as much as anything else. So, the Commission will do what it wants to
do. I would like, Mr. Chairman whenever everybody is through to make a motion asking that we
consider a pool, if we don't get a second, it's over. If we get a second there will be a little bit of
discussion, maybe you will agree to it, maybe you won't. But, I just want to be on the record of
saying, we are at day one in the City of Miami. This is a new Charter, a new process and
whatever we do now establishes the precedent for our future Commissions and future Mayors
forever. And, I think given the history of the last 90 days, last 60 days, we owe it to the future
Commission to establish a process so that every Mayor coming here today knows that they must
adhere to a process of allowing people to be considered and it's his appointment and all we can
do is confirm. Thank you, Mr. Chairman, very much for your indulgence.
Mr. Frank Rollason (Interim City Manager): I think he got it.
Mr. Garcia -Pedrosa: Thank you.
95 December 30, 1997
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Well two things. The reason I didn't ask any questions is because I had the
opportunity to meet with the... Garcia -Pedrosa before. My number one concern, he understands
he works for the Mayor but he also works for the Commission. [APPLAUSE] The one thing
that we also have to make very clear is, the check and balance for the Mayor is this Commission
right here and I think that was proven today. You are recommending some changes, we went
with some of them, but the other ones we didn't go with it. I think it's up to this Commission to
take that decision and I think if there is a, and hopefully, God willing there won't be any changes
in the future, but if there is, this Commission here takes four -fifth to go ahead and make the
decisions. So, I don't have any problems. Most of all, I am glad you are very much in favor of
women, I have got six at home so I am sure they are going to be very glad to hear that. And, I
am ready to move on it right now, because let me tell you. We went through this process six
months ago. We went through a national search. We spent thirty-five thousand dollars
($35,000). We questioned I don't know how many individuals and let's face it, Miami is
different. It takes a long time for anybody who does not live here to understand this community.
This is not a simple community. And, in my business when people come up from other parts of
the countries and try to tell me how they are going to do things in Miami, I keep telling them,
look, it doesn't work in Miami. It might have worked in LA (Los Angeles); it might have
worked in New York, but it's different in Miami. We have a different composition, different
type of people, different style. It will take someone from the outside to come here at least a year
to learn the process and the political process.
Chairman Hernandez: Tony.
Commissioner Plummer: Mr. Chairman, excuse me, if I may?
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: I have some additional questions. Mr. City Manager, Mr. City
Attorney at this time, to my knowledge there is no cap on the salaries. Am I correct? This
Commission has not so ordained.
Mr. A. Quinn Jones, III, Esq. (City Attorney): No, the Commission hasn't placed any cap.
There has been some discussion of course by the Mayor that that's what his desire is.
Commissioner Plummer: OK. I am concerned about your total Comp. package. As I read your
whatever resume or whatever it was from the Beach, it had a very clear "if you leave" scenario. I
have not seen any of that in the package here, nor has there been any discussion. And, I think
that we need to know what is your total package. We know your salary is going to be 96. We
know you are going to have a 401 - and as we heard I think the "wink and nod" referred to by
Arthur is that you are basically going to make the same amount as you made on the Beach, and I
have no problem with that, OK. I have no problem with giving it to you in salary because I think
that if we want a top notch man we are going to have to pay a top notch salary, and you are that
man as far as I am concerned. But, I think for understanding purposes that we don't get back
into the Manager who was terminated into what looks like possibly litigation. I think this
Commission has not approved any total Comp. plan. And, that this Commission, if I am not
mistaken, has to approve the Comp. plan.
Mr. Jones: That's correct.
Commissioner Plummer: That's the total plan as far as you leaving, you know, and other
benefits. How much vacation pay you are going to get, you know, how many days of vacation.
All of that is part and parcel in my opinion, and I just want to make sure that you understand that
96 December 30, 1997
that package we have not seen, if it exists, and that you don't have it without this Commission's
approval.
Mr. Garcia -Pedrosa: It is my specific understanding, Commissioner Plummer that you set the
compensation of the City Manager, and that anything that is worked out has to be brought before
you for approval before it takes hold.
Commissioner Plummer: But, what I am saying is, at this point, there has been nothing
surrendered to.
Chairman Hernandez: Correct.
Mr. Garcia -Pedrosa: Right.
Commissioner Plummer: At least to me. OK.
Chairman Hernandez: No. To any of us.
Mr. Garcia -Pedrosa: Correct.
Commissioner Plummer: Now, would you agree at this point, and I understand, you know, what
Arthur is saying. Will you give me the assurance if you sell on Miami Beach or lease, that you
will move into the City of Miami?
Mr. Garcia -Pedrosa: Yes, sir.
Commissioner Plummer: OK. Now, on the record, just so you know and I know. Mr. City
Attorney.
Mr. Jones: Uh-huh.
Commissioner Plummer: If this man is ratified today...
Mr. Jones: Uh-huh.
Commissioner Plummer: ... does this City Commission, the Commission, not the Mayor, have
the right to terminate him?
Chairman Hernandez: Uh-huh.
Mr. Jones: Yes, that provision is in the ordinance. It's...
Vice Chairman Teele: Yeah.
Chairman Hernandez: Yeah. Absolutely.
Commissioner Plummer: And, it requires?
Mr. Jones: If requires four -fifths of those members that presently constitute the Commission.
Commissioner Plummer: And, is that under the same malfeasance, misfeasance as before?
Mr. Jones: No.
97 December 30, 1997
Commissioner Plummer: Do we have to show cause?
Mr. Jones: No. It's at will. It's at will.
Commissioner Plummer: We can terminate without any cause being given?
Mr. Jones: It's at will.
Commissioner Plummer: At will.
Mr. Jones: That's correct.
Commissioner Plummer: Sir, you understand that?
Mr. Garcia -Pedrosa: And, that's perfectly acceptable to me, Commissioner. That's the way I
think it should be.
Commissioner Plummer: I, hey, I totally concur, but there were others, you know, the last
Manager that might litigate did not get my vote, OK.
Mr. Garcia -Pedrosa: Commissioner, I don't think that...
Commissioner Plummer: And, that was simply because of the fact that he had it by... He had it.
I have to ask one other question because Arthur has brought up a very, very... point. I am not
sure that I agree with it. Does this Commission have the right to formulate a pool of names to
send to the Mayor that he has to choose from?
Vice Chairman Teele: No. I didn't say that.
Commissioner Plummer: Well, I am asking the...
Vice Chairman Teele: We can't do that. But, we can give him a pool of names and say to him,
if the names don't come from this pool, it's going to be a rough confirmation hearing.
Commissioner Plummer: What's the difference?
Vice Chairman Teele: Well, basically, none. Except, you can't say one.
Commissioner Gort: You can't say one.
Commissioner Plummer: Oh, OK. All right.
Vice Chairman Teele: We do have the authority to... If four of us agree that this is the pool and
anybody, Mr. Mayor, that you name, if it doesn't come from this pool and you don't show us an
extraordinary reason, they are not going to get approval. The nomination is DOA, Dead on
Arrival.
Commissioner Plummer: My final question. Now, you are putting me in a conflict of interest.
My final question is, the confirmation today of a City Manager, does that require three votes or
four?
Commissioner Gort: Three.
Mr. Jones: It's three votes.
98 December 30, 1997
Vice Chairman Teele: Three.
Chairman Hernandez: Three, yeah.
Commissioner Regalado: Three.
Commissioner Plummer: Three votes does...
Mr. Jones: A majority of the Commission.
Commissioner Plummer: I am beginning to wonder around here. We used to know majority is
three. Now a majority is four -fifths.
Commissioner Gort: It all depends. It depends on the issue now.
Commissioner Plummer: It depends on the issue. OK.
Commissioner Gort: It depends on the issue.
Commissioner Plummer: All right, and it is my understanding if you were to be confirmed today
that in fact, that you would assume that office on the Sth day of January?
Mr. Garcia -Pedrosa: Yes, sir, that will be my hope if you would permit me to do so.
Commissioner Regalado: I have got a question.
Commissioner Plummer: What do you need, the six o'clock news?
Commissioner Regalado: I have got a question for Mr. Garcia -Pedrosa.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. Pepe, we have read in the press, several
weeks ago...
Commissioner Regalado: ... some problems that you had in Miami Beach with Police Union.
And, I think it's important that when you come in, as you come in, that the air is clear with the
different unions in the City of Miami, and I wish that you would give us your views on how to
deal with the unions, especially since we have the different contracts coming up.
Mr. Garcia -Pedrosa: Commissioner, let me say that one of the few disappointments that I take
away from my job on the Beach, is the fact that, for reasons that I am about to explain very, very
briefly. My strong commitment to the Labor Union process and collective bargaining has not
been, I think, cast in a proper light. My father was a labor lawyer in Cuba for 44 years, wrote
some of Cuba's most important social legislation protecting workers, represented labor unions,
and I grew up with all the buzz words of collective bargaining and the things that define labor
and management relations. I think what happened on Miami Beach is a combination of two
things. First, my efforts to bring in African -Americans, Hispanics and women in some cases
were resisted and particularly, that was the case with the Fire Department. I stand by those
efforts because I think it was the right thing to do. The second thing was non -labor issues,
having to do with overtime expenditures, things of that sort. The cardinal labor issue in Miami
Beach is a two-tier system that the labor unions universally despise. I said from day one, that I
was committed to abolishing it. The day we sat down for the first time to negotiate a collective
99 December 30, 1997
bargaining agreement, I said to the negotiator, the main negotiator, from the union on the other
side, from the unions, that my commitment was as strong that day as it had ever been and that
the two-tier system would be abolished, they did not have to bargain with me about it. So, I
stand solidly on my record with reference to labor issues. Unfortunately, some of the overtime
expenditure and affirmative action, if you will or at least integration issues led to a... what I think
is a sorry situation. Certainly, sorry for me because I think my commitment to working very
closely with labor to having harmonious relations was not properly cast by, I think a handful, but
a vocal handful of the union leaders.
Commissioner Regalado: Thank you. I am ready.
Chairman Hernandez: Tony.
Mr. Tony Rodriguez: Thank you, Mr. Chair, Commissioners. And, let me just say, to start with
I didn't anticipate that being discussed, but Mr. Garcia -Pedrosa those comments are indeed very
comforting to me and, I am sure, to my colleagues. And, we spoke earlier, and we met very
briefly, I look forward to meeting with you and I found our meeting very cordial and genuine
and candid and I certainly appreciate those comments very much.
Chairman Hernandez: Tony, can you state your name and...
Mr. Rodriguez: Tony Rodriguez, President Miami FOP (Fraternal Order of Police), and I speak
here today on behalf also of the Fire and AFSCME (American Federation, State, County, and
Municipal Employees) unions. If you will briefly indulge me I would like to read this letter into
the record.
Commissioner Plummer: Excuse me, Tony, can I ask a question?
Mr. Rodriguez: Yes, sir.
Commissioner Plummer: It bothered me last night when you all came to see me.
Mr. Rodriguez: Yes, sir.
Commissioner Plummer: Why the Sanitation union isn't up with you folks? I mean, they are a
union in this City and I think that not hearing from them does deny this Commission the full
value. So, I would hope in the future, when you come forth, they be with you.
Mr. Rodriguez: Commissioner, as you know, and I think I have been very clear with this in the
past, that's always been my wish. Certainly, it is in our unity that our strength is, and the fact
that the Sanitation union had or anyone represented on their part is here, certainly has nothing to
do with us, and certainly not with me. And, I, he... They are just not here. It has nothing to do
with...
Commissioner Plummer: They are still part of the family.
Mr. Rodriguez: I would agree with that, and certainly the City family as a whole and I think
that's critical. One of the guiding principles in the draft of the revised five-year financial plan is
that the best qualified job applicants should always be selected for positions within the City of
Miami. We, of course, agree with that premise and it is in the spirit of that statement that we
make these remarks here today. Miami is at a historic point in time with the new form of
government more representative of the citizenry, a new Charter and precedence setting changes.
As such, we must ensure that our decisions are prudent, sound and in the best interest of our
City. To do so would not, to do so would only set the tone locally for our future, but also
100 December 30, 1997
strengthen our financial outlook nationwide. In the last several months the City of Miami has
had no less than five City Managers. This inconsistency has created a period of great instability
in our City. It is that very process that created that situation that deeply concerns us. And, in
many ways, I want to echo what Commissioner Teele commented on. We feel the City of
Miami should undertake a nationwide, professionally run search for the position of City
Manager. This process should review each candidate and their background and make the
appropriate recommendations to the Mayor. I do want to be very clear, this request is in no way
meant to negatively reflect on Mr. Garcia -Pedrosa. From all accounts of Mr. Garcia-Pedrosa's
knowledge, skills, abilities and experience, he is a respected and an accomplished administrator
who should not only be considered in this process but would probably be a finalist none the less.
Should Mr. Garcia -Pedrosa then be selected, we would have no problem with that. For our
position is not intended to keep Mr. Garcia -Pedrosa from being selected, but only to make
certain that we have in place a process that assures that the best, qualified job applicant has been
selected. We also understand that the Mayor has the power to appoint the City Manager subject
to approval by the City Commission. We believe that the Mayor should be entitled to a fair
measure of discretion in doing so. We feel however, that he should not name a City Manager
without sending that person through a selection process. By comparison, the President names
U.S. Attorneys and Federal Judges, but before he does so, he forms committees to help him
make the appropriate selection. Additionally, before that person is confirmed by the Senate, he
or she is thoroughly investigated. It is our position that the next City Manager should undergo
intensive scrutiny before he or she assumes that position. We believe that Mr. Garcia -Pedrosa
will ultimately be able to withstand that scrutiny. However, it is the process that we believe is
critical. We urge you to consider our request so that the Mayor may benefit from a professional
process in appointing our next City Manager. Thank you, very much.
Mr. Mariano Cruz: Can I say something from...
Chairman Hernandez: Two mintues.
Mr. Cruz: ... the people? Right. Mariano Cruz, 1227 Northwest 26th Street. I would like to see
everybody coming here that read this name and address number, direction where they live.
Because, I see people, they don't say the address where they live, they say the place where they
work. The place where they live because I live in Miami, OK. And, I work in North Miami,
Biscayne Park, Miami Shores and all those towns over. I don't go there and tell them what to
do. No, OK. But, I am for Mr. Garcia -Pedrosa as City Manager. I know for a long time, I know
him when he was City Attorney and I remember when he was there, it was the only department
that gave back money to the General Fund, while he was there. Because, he used to do his own
litigation, it was not so much farming out of things like... like now. That's why he was a good
administrator. I remember that, even when my brother was co-defendant together with Ellis
Rubin [phonetic] and Home HBO, Home Box Office, in the Playboy Channel suit. Remember
that? And, we didn't take it... You litigate that yourself. You didn't send anybody from a big
firm to do it.
Mr. Garcia -Pedrosa: But, I lost that case.
Mr. Cruz: Yeah. And, also he is practicing what he... He comes from Harvard, not cirility
notability [phonetic]. He is giving up a lot of money and his motives are good, not cirility. Do
the common good because it goes in your own benefit later on. He could be making a lot of
money as a litigation attorney. In Miami Beach he was making over one hundred and forty
something thousand dollars. He is making here because he, he wants to be here in Miami. It's a
challenge to him to do all that. And, Miami Beach, don't tell me about the Police Department
and all that because my daughter was a City policeman there in 1980, and she was terminated
together with Ambrose Sims [phonetic] and they didn't defend her. We got to go and see Robert
Camino at the EEO (Equal Employment Opportunity) to be, and then she was put back into
101 December 30, 1997
place. And Ambrose Sims, the gay cop is still there. And, she left that place after three years.
And, concerning those cops, I was at Lakeland in the summer time and I read the Lakeland
Ledger and they even quote you about that comment you made about "color for dollars" of the
cops in Miami. And, the Lakeland Ledger is one of most important political papers in the State
of Florida. And, they even quote Mr. Garcia -Pedrosa about what he said about the cop, because
that was an embarrassment to the City what the cops were doing there of charging people with
the DUI (Drinking Under the Influence) to get more money. That happened to me, I have been a
victim all that too, all right.
Chairman Hernandez: Thank you, Mr. Cruz. Thank you.
Mr. Cruz: Being found innocent in court but still get it. Thank you.
[APPLAUSE]
Ms. Elena Carpenter: Elena Carpenter, 3838 Irvington Avenue in Coconut Grove. Good
afternoon. I would like to, I am not sure it's going to do any good, today, but I would like to
actually state that there is a great deal of sanity in what Vice Chairman Teele was stating. I
suspect that today, based on your reactions, you will appoint, confirm, whatever the word is, Mr.
Garcia -Pedrosa. And, I have nothing against him at all. As a matter of fact, his parents know
my parents in Cuba and I really have no agenda here, but I do... We need stability in our City
and stability comes from organized planned actions. This is yet another swift move for our City.
Perhaps, it can be one of the last ones so that we can as we are in the eyes of the nation, be
perceived as a City that governs itself with due process and systems and a little more peace.
Thank you, very much.
[APPLAUSE]
Chairman Hernandez: Is there anyone else out there that would like to make a comment
before...?
Commissioner Plummer: Yeah, I would like to nominate a new Chairman of this Commission
who told me this meeting would be over by noon.
Chairman Hernandez: Yeah, well...
Mr. Angel Gonzalez: Yes, good afternoon. My name is Angel Gonzalez, my address is 3280
West Flagler Street. I live in the City of Miami where I have been living for the last 38 years,
and I have seen many concerns here this afternoon about where people lives, about different
issues. But, one issue that really concerns me about the Police Department, there are a lot of
police officers, high ranking officers, that make a big, big, salary and don't live in the City of
Miami and we have police cars that run with our gas, with our money, with our taxes, we have
them in Hollywood; we have them Hialeah; we have them in Kendall and Weschester. That's
something that should be taken care of. I have also seen a very, very, big concern, Mr. Teele, in
reference to the Afro-Americans. And, you know, I have been coming to this City Commission
many, many times and I wish, I wish from... to hear, at one time, someone concerned about the
Cuban -Americans. You talk about being, about discrimination. We were also discriminated
when we first came to this country, when we were sent back to Cuba every day, ten times a day.
Where we had signs saying "Don't speak Spanish." [APPLAUSE] OK. We have been abused,
we have been offended. Whatever we have in the City, we earned it working hard and being
descent people, OK. Thank you, very much. [APPLAUSE]
Chairman Hernandez: Two minutes, please. This is...
102 December 30, 1997
Mr. Juan Vasquez: One minute, two minutes.
Chairman Hernandez: Two minutes.
Mr. Vasquez: My name is Juan Vasquez and most of the Commissioners know me. I come...
Chairman Hernandez: Your address, please.
Mr. Vasquez: ... represent the people of Little Havana. I come to support Mr. Pedrosa. Only
that I want know everybody here and the Police Department, I don't want trouble with the new
Manager because if there are trouble... I come with two or 3,000, the people of the Little Havana
to support Mr. Pedrosa and the Commission. God Bless you, for everybody.
Chairman Hernandez: Thank you, very much. [APPLAUSE] Jose, I haven't spoken yet, and I
will be very brief. I want to thank you first of all for giving me, specifically, the opportunity to
meet with you on several occasions in which you have really answered all my questions. I am
glad that you have made it very clear as to your responsibility under the Charter, the City of
Miami, as it pertains to the City Commission and the Mayor of the City of Miami. I know you, I
have known you for a very long time, I have worked with you as an attorney. I have seen you
practice law and I have seen you practice as a City Manager in Miami Beach. I think, and I have
pretty much seen eye to eye on everything that Vice Chairman Teele has brought before this
board today. And, what he's brought before the board on several meetings. Today, I disagree on
one point. We need to forge ahead. We need stability, credibility. I like our Interim City
Manager a lot, Mr. Frank Rollason, he knows that. I have been able to work with him in the
past, but we need to make a decision. I respect the decision of the Mayor of Miami Beach,
Nizzen Kasdin for forging ahead and making a decision on not going on selecting a committee to
go outside and create a pool and spend months and monies in finding a new City Manager down
in Miami Beach. I think they made the right decision. I think it's time that this Commission
makes a decision on a new City Manager. We have no more time to waste. I honestly, and I tell
you this before this public forum, I don't think there is a better candidate for the City Manager's
position than you. I think you wear two hats even though you will not be able to be a City
Attorney. I know that you will not be able to practice and give us legal opinions. You are an
attorney. You were a City Attorney for the City of Miami and I respect any type of
recommendation you can give us when it comes down to any type of legal recommendations. I
am ready to vote today. I would like to hear any motions, any further discussion by this
Commission at this point in time, and I...
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: ... believe Vice Chairman Teele...
Vice Chairman Teele: Mr. Chairman, let me say this. I have said repeatedly from the very
beginning. Jose Garcia -Pedrosa is brilliant. My concern is not about his appointment. My
concern is that we need to provide some insullation and protection for Mr. Garcia -Pedrosa, least
he fall the fate of many others who have come this way before in the last two weeks. Mr.
Chairman, I want to say here publicly, I have great deference and regard for you as Chairman.
And, if you feel this way, I will withdraw all of my concerns about the process for the purpose of
moving ahead and will be casting my vote for Jose Garcia -Pedrosa, but I want to make very,
very clear that I believe that the issue of the Manager is a very important issue and I think we
need to, somehow, send a signal to our Mayor that we do not expect to see Mr. Garcia -Pedrosa
dismissed or his hands tied in any way, given the past history that we have seen. And, I want to
be very, very clear. Mr. Garcia -Pedrosa, I am supporting you based upon your independence,
your character, your honesty and your better half.
103 December 30, 1997
Mr. Garcia -Pedrosa: In that order?
Vice Chairman Teele: And, not necessarily in that order.
Mr. Garcia -Pedrosa: Thank you, sir.
Vice Chairman Teele: Mr. Chairman, I would like to have the privilege of moving this
nomination if you would allow me?
Chairman Hernandez: Please do so.
Vice Chairman Teele: I would move that Mr. Garcia -Pedrosa be... his appointment by Mayor
Suarez be ratified. That he be confirmed effective January 5th, to be sworn in...
Chairman Hernandez: Today.
Vice Chairman Teele: ... today. [APPLAUSE]
Commissioner Plummer: Mr. Chairman, I'll...
Vice Chairman Teele: And, further that his salary be ninety-six thousand dollars ($96,000) as
recommended by the Mayor and that his executive benefit package be subject to the
recommendations of the External Auditor but be retroactive effective to January 5th.
Commissioner Plummer: Not subject to Commission approval?
Vice Chairman Teele: It will.
Chairman Hernandez: Yeah.
Vice Chairman Teele: The package itself will have to be subject. The package will come back
before us.
Commissioner Regalado: On the 13th.
Commissioner Plummer: I second the motion.
Chairman Hernandez: We have a motion by Vice Chairman Teele, second by Commissioner
Plummer. Can you call the roll call, please?
Mr. A. Quinn Jones, I11, Esq. (City Attorney): Excuse me, Mr. Chair, just one point of
clarification. According to our code, he can't be sworn in until he actually takes office, so you
are going to have to delay the swearing in ceremony.
Commissioner Plummer: Oh, boy, what can happen between now and then?
Vice Chairman Teele: What about a photo? What about a photo?
Chairman Hernandez: At least.
Commissioner Plummer: Mr. Chairman, if I may?
Chairman Hernandez: Yes, Commissioner Plummer.
104 December 30, 1997
Commissioner Plummer: I want to tell you that contrary to some other opinon around here, I
could have been very comfortable with Mr. Rollason. I think he has done a job that would be
next to calling on the impossible. He has shown his total independence, his professionalism and
I want to tell you something, this City owes Mr. Frank Rollason a debt of gratitude for holding
the ship together, and I want to tell you that I personally say, thank you, for a job well done.
[APPLUSE] Now, no more rockets at 3:00 a.m.
Mr. Rollason: I am not allowed to get out of bed.
Commissioner Gort: I understand that's part of the training as a firefighter.
Chairman Hernandez: Roll call.
Commissioner Gort: Yes, there is a matter, I need to discuss with you.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 97-931
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
AMOUINT OF NINETY-SIX THOUSAND DOLLARS ($96,000.00), FOR SAID CITY
MAANGER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Plummer: Parking. All right are we back to the five year plan?
[APPLAUSE]
Chairman Hernandez: Jose, if you could come up here? If you could come up here with your
wife and your son?
Commissioner Plummer: Do you want to take a break?
Chairman Hernandez: Yeah.
Commissioner Plummer: Let's take a five minute break.
105 December 30, 1997
Vice Chairman Teele: Can we take a ten minute?
Commissioner Plummer: Huh?
Vice Chairman Teele: Can we take a ten minute, five minute break.
Chairman Hernandez: Yeah.
Commissioner Plummer: Five minutes.
Vice Chairman Teele: Five mintues.
Chairman Hernandez: Five minute recess.
Commissioner Plummer: Five minute break.
Mr. Walter J. Foeman (City Clerk): Yes.
Commissioner Plummer: I mean, if we are going to get out of here by nine o'clock, somebody
better get here. We will be out by nine o'clock.
Mr. Rollason: And, the old City Manager is going to answer you... [phonetic]
Commissioner Plummer. I want to tell you, we will be out by nine.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 6:10 P.M., AND RECONVENED AT 6:32 P.M,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
----------------------------------------------------------------------------------------------------------------
12. DIRECT INTERIM CITY MANAGER TO ENFORCE LAWS AT CITY HALL
TO PREVENT DOUBLE PARKING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Do we still have a Chairman of this thing? Oye, Papito, bye-bye.
Come back January 5th. Tranquilo. Mr. City Manager, can I take advantage?
Mr. Frank K. Rollason (Interim City Manager): Please do.
Commissioner Plummer: I want my colleagues to hear this. I would like that you impose a strict
policy regarding parking in front of City Hall. That all cars that are double parked be towed.
Commissioner Gort: Except mine.
Commissioner Plummer: Including yours.
Commissioner Gort: Except mine.
Commissioner Plummer: No. I am tired, you know... Let me tell you what happened to me the
other day. I went to back out of my space and a garbage truck had pulled in there and I smashed
106 December 30, 1997
into him. And, you know why? Because, he was parked in the middle of the street. I think that
we need some enforcement.
Mr. Rollason: Well, I think the Sergeant of Arms is where we...
Commissioner Plummer: The Sergeant of Arms does not have a ticket book or the ability to tow.
Mr. Rollason: But, he's got a phone.
Commissioner Gort: Make sure he doesn't tow my car.
Commissioner Plummer: I am just telling you that we need...
Mr. Rollason: When you open up that Pandora's box...
Commissioner Plummer: You go out there and look, all right.
Mr. Rollason: OK.
Commissioner Plummer: You go out there and look, and it is a zoo.
Commissioner Gort: You see, my car is in it's parking space.
Mr. Rollason: I will certainly relay that to the new City Manager to make sure that he...
Commissioner Plummer: No, no, no, no. No, no, no, no.
Mr. Rollason: [inaudible]
Commissioner Plummer: Yeah, right. The Police Chief is a chicken, he won't do it.
Commissioner Gort: Hey, I will tell them all if you want.
Commissioner Plummer: Right.
Vice Chairman Teele: Commissioner Plummer.
Commissioner Plummer: Sir.
Vice Chairman Teele: Who is the Sergeant of Arms?
Commissioner Plummer: We don't have a Sergeant of Arms.
Commissioner Regalado: He has a parking space.
Commissioner Gort: Yes, we do. We have two of them.
Commissioner Plummer: Yes, Sergeant of Arms is Walter Mercado.
Commissioner Regalado: Walter Mercado?
Commissioner Plummer: Yes.
Commissioner Regalado: Celia Cruz.
107 December 30, 1997
Commissioner Plummer: That's the second one.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
13. (A). ACCEPT APPENDIX "G" (INITIATIVES CONSIDERED FOR FUTURE
DEVELOPMENT IN NEXT FIVE YEARS -- FOR PURPOSES OF LISTING /
ENUMERATING SAME -- DIRECT ADMINISTRATION THAT TAX-EXEMPT
ORGANIZATION RECEIVING CITY LAND MUST PAY EQUIVALENT OF AD VALOREM
TAX VALUE TO CITY -- FURTHER DISCUSS INDEPENDENT STATUS AND DEBT
SERVICE USE BY OFF STREET PARKING.
(B). AUTHORIZE / DIRECT INTERIM CITY MANAGER TO ADJUST FIVE
YEAR PLAN TO REFLECT TEN PROPOSALS BY VICE CHAIRMAN TEELE OUTLINED
IN HIS LETTER OF DECEMBER 28, 1997 TO CITY COMMISSIONERS: MAYOR'S
CLEANUP AND BEAUTIFICATION / REVIEW CDBG GRANT COMPLAINCE /
DEVELOP CITYWIDE TRAINING PROGRAM / EXPAND BOUNDARIES OF DISTRICTS
/ STRENGTHEN MANAGEMENT, AUDIT, LEGISLATIVE OVERSIGHT -- DISCUSS
NEED AND ROLE OF PROPOSED LEGISLATIVE BUDGET OFFICER / TRANSFER
TAX EXEMPT PROPERTIES TO TAXABLE STATUS / THE LAREDO TEXAS PLAN /
RESEARCH AVAILABILITY OF FEDERAL, STATE, AND FOUNDATION GRANTS /
RESTORE CRA TO QUASI -AUTONOMOUS ENTITY / ESTABLISH PARTNERSHIP
WITH GOVERNOR'S FINANCIAL EMERGENCY OVERSIGHT BOARD -- EXPRESS
NEED TO INSURE FIRST HIRE AGREEMENTS IN REDEVELOPMENT AREAS AS
WELL AS NEED TO HAVE AN ENFORCEMENT OFFICER FOR SUCH
AGREEMENTS -- FURTHER REQUEST UPDATE ON FRANCHISE FEE PAYMENT BY
SMALLER COMMERCIAL SOLID WASTE COMPANIES -- DIRECT MANAGER TO
REFLECT SUCH PROPOSALS AS CORE INITIATIVES OR MANAGEMENT
OPERATIONAL DOCUMENTS AS APPROPRIATE -- AUTHORIZE MANAGER OR
DESIGNEE TO CHANGE THE WORDING BUT NOT THE INTENT AS
APPROPRIATE -- FURTHER PROVIDE THAT NO FUNDS BE SPENT TO IMPLEMENT
SAID MODIFICATIONS UNTIL REVENUE SOURCES HAVE BEEN PROVIDED.
(C). DIRECT INTERIM CITY MANAGER TO PREPARE A REPORT LISTING
STAFF AND SALARIES IN OFFICE OF THE MAYOR IN ORDER TO DETERMINE IF
MAYS' OFFICE IS WITHIN BUDGET -- FURTHER REQUESTING TO SUBMIT SAID
REPORT TO COMMISSIONERS BY JANUARY 5, 1998.
(D). INSTRUCT CITY MANAGER TO DIRECT KPMG PEAT MARWICK
EXTERNAL AUDITORS TO SURVEY MULTI -TIERED EXECUTIVE COMPENSATION
AND BENEFITS PACKAGE -- BRIEFLY DISCUSS TENURE OF EXTERNAL AUDITORS
WITH CITY.
(E). INSTRUCT CITY MANAGER TO DIRECT EXTERNAL AUDITORS TO
INCLUDE COMPENSATION CONCERNING HONORARIA, DIRECTORS' FEES AND
OUTSIDE EMPLOYMENT FOR THE MAYOR IN BENEFITS RESEARCH STUDY.
(F). DIRECT CITY CLERK TO SUBMIT TO COMMISSIONERS MINUTES OF
DECEMBER 9, 1997 ADDRESSING OUTSIDE EMPLOYMENT FOR MAYOR.
(G). DIRECT ADMINISTRATION TO REDUCE SOLID WASTE FEE SHOULD
FIRE ASSESSMENT FEE BE IMPLEMENTED.
(H). ACCEPT /ADOPT REVISED FIVE-YEAR FINANCIAL RECOVERY PLAN
INCLUDING MODIFICATIONS MADE ON DECEMBER 30, 1997.
108 December 30, 1997
Commissioner Plummer: Are we going to return, Mr. Chairman to the agenda?
Chairman Hernandez: Yes, let's proceed with the agenda. Going back to the revisions of the
five-year plan? .
Commissioner Plummer: Yes, sir.
Chairman Hernandez: Mr. Manager.
Mr. Frank K. Rollason (City Manager): Yes, sir.
Chairman Hernandez: Where did we leave off as to... ? We were on page...
Mr. Rollason: All right, we had...
Chairman Hernandez: We were discussing the...
Mr. Rollason: We passed a memo that deakwith the two million dollars ($2,000,000), that was
the last section we took and then any... we made the modifications to the Table of
Organization and that was passed.
Commissioner Plummer: Well, I thought we were going to go back to here. Start at the top
now.
Mr. Rollason: And, we are now back to the agenda where we can start to run down... Unless,
there is any other items on the five-year plan, we can entertain a motion to approve that with the
amendments or adopted with the amendments, unless there is any other items coming from the
Commission.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, I have issued a "Dear Colleague" letter which in many
ways has embraced many, some of the changes that are there. I would specifically ask
permission to go down a list of items that I would ask be amended into the five-year plan.
Commissioner Plummer: Are you deviating? Just for information.
Vice Chairman Teele: I am talking about starting with the core initiatives, because I think we
ought to take the plan section by section.
Commissioner Plummer: Oh, I agree with that.
Commissioner Gort: Well, let's go.
Mr. Rollason: I think also, that we need to address the Appendix G, that has been proffered by
the Mayor to see...
Commissioner Plummer: We are going to have a lot of discussion on that because some of it I
don't think it is feasible.
Vice Chairman Teele: Well, in deference to the Mayor, I will be happy to take up the Mayor's
items first. I think...
109 December 30, 1997
Commissioner Plummer: It makes no difference to me.
Vice Chairman Teele: I think we should.
Commissioner Plummer: Well, if you want to take it up, you're taking Appendix G.
Commissioner Gort: Appendix G.
Vice Chairman Teele: For purposes of this, could be number them or list them, A, B, C or
something?
Commissioner Plummer: Sure.
Mr. Rollason: Well, why don't we just number right down the line, one, two, three to the
bottom?
Vice Chairman Teele: Like one, two. May I ask of Mr. Nachlinger, what does number two
mean? What is a reduction of the so called "appropriation's debt? And, is this a term of ours?
Mr. Robert Nachlinger (Assistant City Manager): Commissioner, it is a term of ours. The
appropriation debt is that debt covered by a covenant to budget and appropriate. The... that
would be the Sunshine State Pools, the loans from those loan pools. We have a annual debt
service of approximately six million dollars ($6,000,000) on those, that particular type of debt
which the major is asking for, that to be reduced by 50 percent.
Commissioner Plummer: Where is the money coming from to pay them off?
Mr. Nachlinger: I don't know. I haven't...
Commissioner Plummer: Well, I mean, you know, these... I served on one of those, all right.
And, these are not going to say, hey, I like you so I am going to cut it by 50 percent. Now, they
are going to say, you want to cut it...
Commissioner Gort: Pay...
Commissioner Plummer: ... you pay off up so far and then, you know, reduce it by 50 percent.
But, where is the money coming from?
Mr. Rollason: Commissioner, I think that in the spirit of what they are offered, they are future
ideas to look at as entitled at the beginning of Appendix G, items to be considered that the
Mayor would like to develop. But, I think the idea of including these as Appendix G, offered in
that spirit would allow us then to address these as we go forward with the plan in subsequent
years, and again, prioritize them and pick those out and develop the plans and go forward. I
don't think it's at this point to try to develop them and identify the funding sources at this point.
They are as they are presented, initiatives considered for future years.
Commissioner Plummer: Well, let's put it this way. I don't mind it being an appendix. It has to
have the same resolution made by Commissioner Teele previously, that this Commission just
received them today, that in fact this Commission has not had the opportunity to study and digest
and that they were given to them as an appendix, and that in fact this Commission will sit down
and notify them as each one of those are addressed as to whether we wish to pursue or whether
we wish to drop.
110 December 30, 1997
Mr. Rollason: Commissioner.
Commissioner Plummer: And, I so move that that thing that Commissioner... Is that? Teele, is
that pretty much what you said before?
Vice Chairman Teele: Yes, sir. But, I have to tell you, I am not comfortable. I will support that,
but I am not comfortable with these even as an appendix...
Commissioner Plummer: Oh, sure.
Vice Chairman Teele: ... but in deference to the Mayor, let's do it. But, let me just say this.
Items three, four and five are contradictory and, you know, a cash reserve of twenty million
dollars ($20,000,000) is great showbusiness. But, the fact of the matter is, the County cash
reserve is about eight million...
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: ... dollars ($8,000,000) I mean, this is very wishful thinking and it could
be misleading. Reserve, maintaining reserve of twenty million dollars ($20,000,000) sounds
good, but what that means is, you are going to have to sell something big to get there, and I am
not prepared... I want to associate myself with the remarks of Commissioner Plummer in the last
meeting. I don't think we ought to list or sell the Bicentennial Park to Miami -Dade County as
something we are even considering, because I can tell you this right now, the only way that we
are going to get out of this box is developing reoccurring revenue. The worst thing we can do is
transfer more land to a tax exempt entity.
Commissioner Gort: Right.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: I mean, that's the worst thing we can do.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: Because what you are doing is, you're taking land, and now land that is
not on the property rolls and ensuring that it will never be on the property rolls. And, so, I have
a very philosophical...
Commissioner Plummer: Where has he been?
Vice Chairman Teele: ... disagreement with the notion of selling Miami -Dade or the Federal
Government or the State Government or the South Florida Water Management District or any
non -tax... tax exempt body, anything, because what we need to do is get more land on the tax
rolls. And, I just... I am willing to move the whole Appendix G forward, but I really would like
to withdraw number five.
Commissioner Plummer: Commissioner, will you support a motion that I couldn't get support
for before that says that any City land going to a tax-exempt organization has to pay the
equivalent of what the ad valorem taxes would be?
Commissioner Gort: You had support on that.
Commissioner Plummer: We never got it...
ill December 30, 1997
Vice Chairman Teele: I'll support that in concept...
Commissioner Gort: We support that.
Vice Chairman Teele: ... as long as we know what the unintended consequences are, and I don't
know what they are. I mean, if you are saying, for example a church, you are giving them land
and they are going to build a church parking lot on it which in most cases is a good thing. They
can't get it unless they pay taxes. I am not sure I want to go along, but in principle I agree with
you.
Commissioner Plummer: Well, I tried to get it before. You know, if we had done that, just to
give you an example on the FEC (Florida East Coast) property, you have a two hundred million
dollar ($200,000,000) facility that's going there that we would have got the equivalent of the ad
valorem taxes for. If that motion had passed, it would become effective within this Commission.
So, I would hope... I will bring it back up again, you have got the thing. You got it, all you got
to do is just put it back on the agenda and...
Vice Chairman Teele: But, J.L., you know, let me tell you, that's a done deal and I certainly
don't want to disturb a done deal. But, that is the most repulsive thing that this City has done in
modern times, in recent modern times, to transfer that kind of land, not have a requirement that
City employees build what's... City residents not build whatever is going to be built on it and we
are running around looking for jobs, and I am going to tell you, the people are going to come
from Key West; they are going to come from Texas; they are going to come from Georgia; they
are going to come from, you know, the Bahamas, Mexico, anywhere and work on this arena.
And...
Commissioner Plummer: Are we sure it's a done deal?
Vice Chairman Teele: Yes, sir.
Commissioner Plummer: Hadn't been signed.
Vice Chairman Teele: And, it's ridiculous, especially when you got all those people right across
the street in Overtown, one of the highest unemployments of any census tracked in the State of
Florida.
Commissioner Plummer: Hadn't been signed.
Vice Chairman Teele: And, not only that...
Commissioner Plummer: What?
Vice Chairman Teele: ... to make your point, J.L....
Commissioner Plummer: Signature hasn't been signed.
Vice Chairman Teele: ... then we build it and it doesn't bear any tax burden, we get no money
from it, and then we are going to talk about exempting them from the fire fee and all of that. I
mean, it's ridiculous That's why we are broke.
Commissioner Plummer: You are preaching to the choir.
Chairman Hernandez: So, we are going to be approving Appendix G of the Mayor's
memorandum.
112 December 30, 1997
Commissioner Plummer: Well, you know, the only point that I can go wholeheartedly on is
number eight, and that's reducing the taxes. I mean, that's motherhood.
Vice Chairman Teele: Number one and number eight.
Commissioner Plummer: OK. Let me ask you, does this City Commission or the Mayor have
the right to reduce the Off -Street parking or to change the concept without a referendum?
Vice Chairman Teele: Yes.
Commissioner Plummer: The answer is, yes?
Vice Chairman Teele: Yes, sir. The whole Off -Street Parking concept, unless there is a legal
issue, is a question of a bond...
Chairman Hernandez: It sure is.
Commissioner Gort: It's a legal issue.
Vice Chairman Teele: Well, if it's a legal issue, I don't know the answer to it.
Commissioner Plummer: Well, that's why I am asking. I mean, why should we sit here...
Commissioner Gort: It's a legal issue, guys.
Commissioner Plummer: ... and put something in an appropriation which...?
Vice Chairman Teele: I think the Financial Advisor and the attorney aught to give us an
opinion. But, I thought it was a bond defeasance issue and a restriction based not on the Charter
of the ordinance but the bond. But, the City... the Financial Advisor, highly paid, I might add,
pro Bono. Our Financial Advisor is here as is the City Attorney.
Mr. A. Quinn Jones, 1II, Esq. (City Attorney): Yeah, Commissioner you... The Commission
asked this question some months ago, in fact almost two years ago, going back that I can
remember, because of course it came up in the context of the discussions about alternatives to
Off -Street Parking. Let me say this, I can... If you want me to issue a formal opinion, it was
requested by the former Mayor and the bottom line is that it could be done, it could be done
without referendum because essentially when you formed Off -Street Parking you had to make
a... pass a resolution determining that there was a need for Off -Street Parking. So, just as you,
the Commission adopted a resolution finding that there is a need, at this point if the Commission
so desired, it could adopt a resolution finding that there is no need. The downside of course is, is
that you have to look at the legal implications of the bonds which basically puts everything in
perspective. On the one hand, yeah, you can do it, but on the second hand, I mean, on the other
hand, you have got to look at what legal implications are going to be to the City in terms of
finances.
Commissioner Gort: I was always under the influence that the Department of Off -Street Parking
was created by a legislative...
Mr. Jones: Well, originally it was.
Commissioner Gort: ... and if we were to do something, we had to take it to the voters.
113 December 30, 1997
Mr. Jones: No.
Commissioner Gort: And, we took it to the vote, if you recall, about five or six years ago.
Commissioner Plummer: And, it failed.
Commissioner Gort: Right.
Commissioner Plummer: Well, you know, I got to put it on the record. Don't mess with a
success. The Off -Street Parking Authority, in my opinion, has been one of the greatest successes
in this community. As I understand and I could be wrong, they have probably one of the finest
portfolio of investments in the United States. Now, that doesn't mean that they can't give some
of their profits that are accumulating to this City to help us out or should be in fact, been giving
monies to the City. They are an arm of this City, and I am not, I don't know what they are doing
with their profits. But, I sure don't want to disband the Off -Street Parking Authority, but I do
feel if there are surplus revenues, that we should be the recipient of those revenues.
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Gort: My understanding and I was appointed, I was asked to work with the Board
of Directors, the Off -Street Parking and with our legal advisors in getting together with our
attorneys and trying to look at the documents, and I think there is a way that the Board of
Directors could make the changes without that going to them. I am working on that, and
hopefully... We are negotiating and we will be very successful because they understand if we
take it to a vote, I know they know they are going to be defeated and we are going to win. So,
there is a way that we can keep it independent and the City still receive the benefits.
Chairman Hernandez: When are we going to be receiving...
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: ... the information on that?
Commissioner Gort: They are working on it as of now, for the last, I understand for the last
month they have been working on it...
Chairman Hernandez: Uh-huh.
Commissioner Gort: ... and we have... The Financial Advisor stepped in, so let us know what
the bond situation is?
Mr. David Kaplan: Right.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I would like to hear from Mr. Kaplan, the Financial Advisor.
Chairman Hernandez: Go ahead, Mr. Kaplan.
Mr. Kaplan: David Kaplan with Prudential Securities, Managing Director. It's a several tier
question and I am not prepared to tell you today what you can or can't do with the Department of
114 December 30, 1997
Off -Street Parking. What I am prepared to tell you is what your Charter says and what you can
do with the debt structure. The reason why... Under your Charter, Section 23-J of your Charter
says that if there are excess revenues, those excess revenues from the Department of Off -Street
Parking should be paid over to the General Fund after operations and maintenance repairs and
debt service are paid, in general. The reason why in passed years those monies have not been
paid on an annual basis, have been because there have been bonds that are outstanding. And,
under the conditions and covenants of those bonds, the money was locked in as a reserve for a
debt service requirement.
Commissioner Plummer: One and a half.
Mr. Kaplan: One and a half. And, then, overages for renewals and replacements. I think the
concept here, or one of the concepts here is, if there was a way to return it to the Charter so that
the monies would flow out without having to disturb the Department of Off -Street Parking, then
that would be fine with, you know, in general, in theory. And, one of the ways to do that, of
course, is to pay down their debt. They have about fifteen million dollars ($15,000,000)
outstanding. If that debt was defeased, then all of those provisions would go away and you
would be back to your Charter provisions. That doesn't disturb the Department of Off -Street
Parking as an entity, and I am not prepared to address that, as I said earlier.
Commissioner Plummer: Yeah, but there is another problem also. We do not control that
Authority and they continue to build and build and build so that there are no surpluses. For
example, they are building something that in my estimation, and I said this before, there was no
requirement nor should they have been building parking structures for Jackson Hospital. They
are a City of Miami Parking Authority. Now, that debt service for the bond to build that facility
at Jackson Hospital is being paid for through the Off -Street Parking, not by Jackson. Yet, they
are 100 percent the recipients of the benefit of that 1,500 car parking lot. They are tearing down
a parking garage downtown right now to build a new one. So, you know, when you talk about
surpluses, if they continue to build, to build, to build, to build, where do you reach a point of no
return and how do you control it?
Mr. Kaplan: Well, that's an interesting question.
Commissioner Plummer: Ah, no. It's a realistic question.
Mr. Kaplan: Right. But, historically they have shown two million dollars ($2,000,000) of
excess revenues for the last three years. So, is that going to continue in the future? I can't tell
you that for sure. I can't tell you whether, you know, how you control the Department of Off -
Street Parking from their planning other than the fact that you do control some of their
budgeting. They cannot bond unless they come to you, and that's the controls that you have.
Mr. Frank K. Rollason (City Manager): Mr. Chairman.
Chairman Hernandez: Mr. City Manager.
Mr. Rollason: With all due respect to the Commission. My position on this appendix is that the
Mayor has offered these as initiates to be considered...
Commissioner Gort: Yeah.
Chairman Hernandez: Right.
Commissioner Gort: Right.
115 December 30, 1997
Mr. Rollason: ... for future use. What I am saying is, is that I think they should be included as
an appendix in totality for what's there and the spirit of which they are offered and the validity of
it can be debated with the new City Manager, brought back to this Commission whether to go
forward. But, I think it would have been the Mayor's plan also...
Commissioner Gort: Move it.
Mr. Rollason: ... that they need to be included in that...
Commissioner Plummer: I don't care. Hey, as long...
Mr. Rollason: ... it was certainly not detrimental to the report.
Chairman Hernandez: I agree with you.
Vice Chairman Teele: I would so move...
Commissioner Gort: Second.
Vice Chairman Teele: ... with the provision that it be very clearly noted that these are moved
only for the purpose of listening and enumerating and that each one will require a separate
decision, the same kind of language that we have for the Blue Ribbon.
Mr. Rollason: I agree. [inaudible -- off microphone]
Commissioner Plummer: That's right.
Chairman Hernandez: There is a motion, is there a second?
Commissioner Gort: Second.
Chairman Hernandez: Motion by Vice Chairman Teele, second by Commissioner Plummer...
Commissioner Gort. All those in favor in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-932
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.
116 December 30, 1997
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman.
Commissioner Plummer: Now we are back to page six.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: If I could move, please? From my memorandum, my Dear Colleague
letter on page two, I would like to add to the core initiatives the Mayor's cleanup and
beautification program with some words that the Manager would develop or refine that are
contained in this document, essentially, also indicating that we are going to be using CDBG
(Community Development Block Grant) funds where eligible to facilitate this...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... and other kinds of fundings that's outlined. I would also ask that
number two, which is the CDBG grant compliance which addresses this highly public issue of
the CDBG negative audit implications be added because I think it's one of the things that the
Oversight Board expressed to you, Mr. Manager, some very severe concern that they had not
been appraised of it and, they want us to take an action and to give them a serious briefing on it.
To the extent that the language in number three, I think has already been codified, I would ask
that the Manager take note of that and make amendments as appropriate. This language
essentially, this language essentially says that, and J.L., I want to be very clear, this language
essentially says that we are going to help our employees but we have to have the funding source
to do it, and...
Commissioner Plummer: What's he reading from?
Commissioner Gort: The memo he just gave you.
Vice Chairman Teele: ... page three of my memo to you. My Dear Colleague letter...
Commissioner Plummer: OK, all right.
Vice Chairman Teele: ... and that...
Commissioner Plummer: I only have one problem there.
Vice Chairman Teele: All right.
117 December 30, 1997
Commissioner Plummer: OK. I think it is only fair that we have to go a step further. Charlie
Cox expressed to me his concerns and I think it's realistic. That all of this money cannot go to
one agency but there has to be established either an amount to each unit or in some way that this
thing will be distributed across the board, even handedly in some manner that all employees
participate. Now, we know that in the Fire Department, I think it's the only one really that has
in-house ongoing training.
Vice Chairman Teele: And the Police.
Commissioner Plummer: Well, the Police, not as extensive as the Fire Department, but they do
have training. So, I am saying to you, that I think it is an excellent idea, that it's a great thing,
but it has to be that in fact it's distributed equally across the board to all City employees.
Vice Chairman Teele: Then, I would adopt that and say that the City develop a Citywide or City
employeewide...
Commissioner Plummer: Training program
Vice Chairman Teele: ... that is equitable.
Commissioner Plummer: All right.
Vice Chairman Teele: I would also ask that you... The language in number four, I think it's
pretty much been incorporated except there would be an amendment or an addition to note that
the CRA (Community Redevelopment Agency) boundaries should be expanded. And, this is the
conversation we just had, J. L.
Commissioner Plummer: Yeah.
Vice Chairman Teele: That is, it doesn't make sense to build all that commercial activity right
across the street from the CRA, and we stop the lines at Biscayne Boulevard. We should extend
those boundaries and, therefore, we will be in a position to try to take essentially all of the
dollars in the district, that is, all of the money would then come to the City. If we don't do that,
the money is going to wind up going to the South Florida Water Management District, to the
School Board, to the this, to the that, to everything and the whole idea of a tax increment district
as you know is designed to capture revenues. Additionally, I would ask that item five which
strengthens the management and audit process that would provide more technology for the
Office of the City Clerk, the Budget, the Finance Office, Internal Auditing Office of Information
Technology and the creation of the Legislative Budget Officer be basically available and again,
there is a revenue stream. If we decide to appropriate the Solid Waste at zero, it means virtually
none of this will go forward. If we put it in at probably forty dollars ($40) everything will go
forward. Additionally, the creation of the Legislative and Budget Office, something that should
have been done two years ago. I think the Oversight Board recognizes that the legislative body
must have a budget process by which it can intelligently respond to the Manager and the Finance
Department budget and I would ask that those items be moved in as a part of the core initiatives
as well as item... on page six, items A, B and C. And, "A" is simply the Eastwood Hall
discussion. And, that is, J.L., we have... And, this is particularly true for Commissioner Gort and
myself. There are literally four to 500 lots of land that have been identified, that essentially have
been abandoned and we spend, our NET (Neighborhood Enhancement Team) offices spend half
their time just trying to get those lots cleared...
Commissioner Gort: Have them cut. [phonetic]
118 December 30, 1997
Vice Chairman Teele: ... get them clean, get the grass, and it's a never ending process.
Commissioner Plummer: Well, we have got the new ordinance.
Vice Chairman Teele: And, what we are proposing is to basically work with the U.S.
Department of HUD and Mr. Castaneda was present when the HUD secretary came in and said
"if you adopt the Loredo Plan -- by the way he was the Mayor of Laredo -- that he would be
working with us to get money." And, essentially the Laredo Plan is simply that the HUD agency
would basically... that the CD (Community Development) agency would basically go out and
develop these lots parcel by parcel and not turn them over to a developer because what happens
with a developer is that you got to pay the developer's profit and the developer's administrative
fees. And, they have this plan and they are prepared to provide us with soft money to do it.
And, finally, the item of Federal State and Foundation Grand Money. I think we are missing a
big part of the whole picture on the Oversight Board issue. The Governor is our partner and we
are in trouble. It... We need to be talking to the Governor's Budget Office right now about
writing us into the coming legislative budget. And, I think we really need to be a lot more
aggressive in going to the Governor and saying, Governor we have got these problems, these
unfunded mandates, these kinds of problems. Because, it's fine for the Governor to say he wants
to help us, but the question will be, where is the Governor's Budget Office in this whole process?
Similarly, this Commission has approved, and I think it's going to come up tonight, the
establishment of an account in the Dade Foundation, for an example, to try to get funds to
finance the cost of our homeless settlement. The Chairman has expressed a lot of concern, and I
just was confronted with this with Kwanza. Believe it or not, J.L., Commissioners, there are
companies who are willing to give money to a foundation or for a specified purpose that will not
write a check to the City of Miami. And, one of the things that we need to do in terms of this
budget oversight, as the Chairman has recommended, we need to go out and help raise money
for things like the Three Kings Parade, the Martin Luther King Parade the Haiti Independence
Day Parade and other activities. If we establish an account with the Dade Foundation, I am
confident that the Chairman and others of us will be able to go out here and help some of these
people. There are people who are willing... But, nobody is going to write a check for the City of
Miami.
Commissioner Plummer: Well, Arthur, going back, the reason there is a thing called the Miami
Host Committee, was exactly the reason it was formed. We wanted to bring Ms. Universe to the
City of Miami and it had to raise eight million dollars ($8,000,000) and everybody gave money
to the Host Committee as a buffer...
Vice Chairman Teele: Right.
Commissioner Plummer: And, that way that money we did in fact bring Ms. Universe to the
City that year. Now, whether you use the Host Committee again, in that form, or you form a
new committee, you know...
Vice Chairman Teele: I don't want to form anything, I just want to use the structure that the
State of Florida has approved, and that is the Dade Foundation, what is it called? The Dade
Community Foundation chaired by Ruth Sehack. All monies that are left in safety deposit boxes
and all monies that are left accounts that are abandoned that money gets sweeped and goes to
those kinds of foundations.
Commissioner Plummer: But, how do we assure that it will.. if the money is given, it will be
given to the City of Miami?
Commissioner Gort: It's going to be earmarked to us.
119 December 30, 1997
Vice Chairman Teele: Because you establish an account. They will... They have the
bookkeepers, the auditors, they will credit that account. They maintain the money, they disperse
the money based upon resolutions or actions done. This is what we approved in terms of trying
to finance the settlement for the homeless lawsuit as a way of going out raising money or getting
others to give money for that. I would ask that that as well as Item G on page seven which we
have already agreed to do, and we would strike "H." That is the Redevelopment Authority
which was moved back, moved back again, et cetera. And, finally I would ask that item number
Roman numeral four, which is page eight, which basically talks about the partnership with the
Governor and urging that the Governor to work with our Budget Office and our Manager, to help
us in the legislative process. I think if we get creative, we can figure out ways to get money.
There maybe unfunded mandates that because... We are the only City in the State that fits in a
unique category, and that is, funds can be appropriated to all cities in the State of Florida that are
under Chapter, whatever it is, financial emergency, which means, we get a pot of money that
only we get. And, that type of revenue is available and I have spoken to a number of the
members of the delegation who are willing to support us in this. I would move those items be
moved into the five-year plan as they have been discussed and that the Manager be authorized to
develop more appropriate language and language that's more comfortable and that the Manager
be given the final authority on what that language is.
Commissioner Plummer: Let's talk about it. Arthur, when you talk about unilateral sale of the
Miami Arena, that the CRA should be reimbursed by the City, where are we going to get the
money?
Vice Chairman Teele: Well, first of all, we can't get any money until we find money and bring
it back and get it appropriated. What that merely establishes is a statement of intent. I have got
two memos from the previous Manager that basically supports what we are saying as well as the
documents. The City did in fact, unilaterally take six million dollars from the CRA and the
CRA's bonds do go in default in three years.
Commissioner Plummer: Six million?
Vice Chairman Teele: I think that...
Commissioner Plummer: It was six million, are you sure, it was six million total?
Mr. Nachlinger: All right, Commissioner...
Commissioner Plummer: We had paid off a great deal of that.
Mr. Nachlinger: What happened was that the land was owned by the Community
Redevelopment Agency.
Commissioner Plummer: I understand that.
Mr. Nachlinger: The City transferred that land to its own ownership.
Commissioner Plummer: But, woo, woo, woo, woo. Back up. Initially, that was owned by the
City of Miami.
Vice Chairman Teele: Wrong.
Commissioner Plummer: No, no, no. I am not wrong.
Vice Chairman Teele: J.L., initially that was a grant given by the Urban Mass Transportation
Administrator...
120 December 30, 1997
Commissioner Plummer: To the City of Miami.
Vice Chairman Teele: ... to the City of Miami for redevelopment.
Commissioner Plummer: That's correct. And, when they decided to build an arena which was a
six million dollar ($6,000,000) amount of money they were paying the City over 20 years, three
hundred thousand dollars ($300,000) a year to pay back the City for that amount of money that
was granted to the Miami Arena. Then, what happened was, that the CRA came into existence
and a colleague previously here, was the one who decided that all of those areas that were
generating revenue should in fact belong to the CRA. The CRA assimilated that piece of
property without paying a dime, without giving anything to the City for that or to the Sports
Authority.
Vice Chairman Teele: J.L., I gave the City the grant as the Urban Mass Transportation
Administrator.
Commissioner Plummer: I hear you.
Vice Chairman Teele: The City didn't pay a dollar ($1) for it, OK. And, it was given to them...
to you because your Mayor and your City Attorney all came to Washington everyday. They
took me to the Palms Restaurant. They took me around and I got to see all of the Miami
people...
Commissioner Plummer: You had to say that right?
Vice Chairman Teele: Huh? And, then...
Commissioner Plummer: I hope the TV is off.
Vice Chairman Teele: Well, the statute of limitations is run, that was in '82. And, then we
agreed to assist the City in the Overtown effort to redevelop and the land had to be adjacent to
the Overtown station. The City didn't pay anything for it either. That's... That should be the
point.
Commissioner Plummer: Why was the Sports Authority paying the City three hundred thousand
dollars ($300,000) for 20 years?
Vice Chairman Teele: Because you all had basically shaken them down to that.
Commissioner Plummer: Well, nothing wrong with that.
Vice Chairman Teele: But, here is the memo dated December 5th by then Manager, Al Ruder
that lays all of this out. And, there is a whole series of documents that support it.
Commissioner Plummer: Well, I have no problem except where the money is coming from?
Vice Chairman Teele: Well, it has to come back to this Commission and using our unanimous
consent on any monies like this, would have to have unanimous consent of the Commission.
Commissioner Plummer: I understand that. Now, my other question... Let me find it. Oh,
explain to me what you mean by "provide for additional contract compliance resources in the
Department of Solid Waste and Community Development"? Explain that to me?
121 December 30, 1997
Vice Chairman Teele: Commissioner, two areas. First of all, in the area of Community
Development, we have on the statute a Miami First Hire Agreement.
Commissioner Plummer: Right. It has never been enforced, it is not monitored, there is no one
to ensure that it is being adhered to. People are building... CDC's are building all over this town
with HOME money, HOPE money, AIDS money, CDBG (Community Development Block
Grant) and they are not hiring City employees in many cases. They are hiring contractors from
Broward County, contractors from Key West and all that's good but the employees under this
ordinance are supposed to be City employees. So, we are literally working against ourselves.
They need, someone needs to be the Compliance Officer for the Miami First Hire. This goes
back to the WAGES (Work and Gains Economic Self -Sufficiency) issue. They only way that we
are going to get people jobs is we have got to make sure that the money that the City of Miami
spends and the money of grant money that we put out and contractors who come here like Winn -
Dixie, came here the other day, they are going to build... they are going to rebuild that jail and
make it a Winn -Dixie. There is nobody there to enforce that and the contractors, I can assure
you, and you know contractors, J.L., they are honorable people but they will do exactly what
they can get away with and that's an example of that. In the area of Solid Waste as an example,
I am advised that at least 20 to 30 percent of the revenues that we should be collecting on the
commercial accounts are not being collected. The reason...
Commissioner Plummer: Absolutely.
Vice Chairman Teele: Say gain?
Commissioner Plummer: Absolutely.
Vice Chairman Teele: The reason, of course, and you agree, is that the big companies, the
public companies have to comply because they are not going to put their stock in jeopardy. The
small companies, because we have this open entry, open exit, that's viewed as just basically
being a license to steal. So, many of them are not giving us the money. That account, Bob, how
much do we collect on commercial, about six million a year?
Mr. Nachlinger: No, sir. We get two and three-quarter million dollars ($2,750,000) on our
franchise fee.
Vice Chairman Teele: So, the two or three million dollars ($3,000,000) franchise fee could very
well go up at least 20 or 30 percent which would be another million dollars ($1,000,000). Those
are examples, but if there is nobody out there checking, nowhere in the City of Miami, Mr.
Manager, is there anybody who is checking on those franchise fees to my knowledge, at least
that's what I have been advised. So, those are the kinds of compliance that quite frankly, the
External Auditor has recommended that we basically tighten up, and that's contained in the
opinion letter and drawn from the opinion letter of the External Auditor.
Commissioner Plummer: OK. The only reason is, it doesn't say that explicitly there.
Vice Chairman Teele: But...
Commissioner Plummer: Well, in the contract of compliance. And, you are asking that this be
an appendix to the...
Vice Chairman Teele: I am asking that it be moved in as appropriate by the Manager in the
appropriate sections as being part of our work plan and what we are going to do and that it's
contingent, of course, as is indicated based upon money being found to support those activities.
122 December 30, 1997
Mr. Rollason: All right, I would think that we would go ahead and put them in the core
initiatives because they are certainly broad in scope and attack systemic problems throughout the
City, they are not just generic to one particular area...
Commissioner Plummer: All right let me...
Mr. Rollason:
[inaudible -- off microphone]
Commissioner Plummer: Let me ask you this. You talk about an LBO (Legislative Budget
Officer), the Legislative Budget Officer.
Mr. Rollason: Right.
Commissioner Plummer: Is that as proposed directly answerable to the City Commission?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: No, one else?
Mr. Nachlinger: No, sir. It's...
Commissioner Plummer: In other words that would be... our budget would work with us, how
would that dovetail with the present Budget Directors underneath the Manager? Is it a
duplication?
Mr. Nachlinger: No, sir. I would view it as a check and balance on the administration or in this
case, the executive branch of the City government as opposed to the legislative branch which
you represent.
Commissioner Plummer: Yeah. But my point is, as I recall, under the authority of the Executive
Mayor, he instead of the Manager, must provide us with a budget... a balanced budget?
Mr. Nachlinger: Yes, sir. That's correct.
Commissioner Plummer: OK. Now, if we create an office of an LBO, is he going to sit around
and do nothing until this budget comes from the Mayor and he is going to say, well, I agree, I
disagree or is he going to prepare a budget and we will say, OK, Mr. Mayor, you better accept
this or we are not going to...? Give me the understanding...
Mr. Nachlinger: All right.
Commissioner Plummer: ... of having two Budget Officers, yet, the new form of government
says that the Mayor must present to us, the City Commission a balanced budget? Where does
this other LBO that Art speaks about come into play and not duplication?
Mr. Nachlinger: First off, the Mayor is required under the Charter to present a balanced budget
to the Commission. The Legislative Budget Office would serve as your check and balance on
the... both the Budget Office internally within the administration and the Mayor's proposed
budget to review all the budget estimates included in there to ensure that the budget you are
adopting is accurate and in line with what the Commission's policies are. The other issues that
the Legislative Budget Office would be directly responsible for would be the development of the
budget for the City Attorney, the City Clerk, all the Boards and Commissions, they will report
directly to the City Commission. You are... Those are not under the purview of the Mayor and
would not be included in his budget document.
123 December 30, 1997
Commissioner Plummer: All right. Go back to page 85. What little box do I find the LBO in?
Mr. Nachlinger: It's in...
Vice Chairman Teele: Right underneath the City Attorney.
Mr. Nachlinger: Right underneath the City Attorney on reporting directly to the City
Commission.
Commissioner Plummer: Do we hire those individuals?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: They are directly hired by the City Commission?
Commissioner Gort: That's correct.
Mr. Nachlinger: That's correct.
Commissioner Plummer: And, answerable to us?
Commissioner Gort: Yes.
Chairman Hernandez: Now, the LBO appeared in both plans according to...
Mr. Rollason: That's correct.
Chairman Hernandez: ... from what I was looking at in both organizational charts.
Mr. Nachlinger: That is correct.
Chairman Hernandez: The Mayor chart and the one on page 85.
Mr. Nachlinger: That's correct.
Vice Chairman Teele: Yeah, yeah.
Mr. Nachlinger: But to speak further on the Legislative Budget Office, you would want to have,
I would believe from the City Commission's standpoint someone reviewing on a monthly basis
the financial documents of the City to keep you appraised of the financial progress of the
administration. And, I truly believe that that would be a function of your legislative budget and
support office.
Commissioner Gort: Will it also be part of the responsibility to audit and make sure they are in
compliance with the...
Vice Chairman Teele: No.
Commissioner Gort: ... that they are not in compliance with the budget adopted?
Vice Chairman Teele: Commissioner, I passed out a week ago, at the last meeting, a sample
legislation which was drafted in... three years ago and has been in effect in the County.
124 December 30, 1997
Commissioner Plummer: Yeah, I...
Vice Chairman Teele: The Legislative Budget Officer is simply the legislative's branch check
and balance. Essentially, the Legislative Budget Office as the Manager has said, will work with
the Budget Office and they will review monthly where everybody is. In other words, there was
recently a statement that one department had overspent their overtime, as an example. The
Legislative Budget Office is designed to make sure that the Manager doesn't say well, I'll take
care of that a little later. Because his job is to come to us and say, Commissioners, you have got
a problem. This is normal in... from the founding fathers, the Congress of course, has the CBO,
the Congressional Budget Office. In fact, there statistics as to what the interest rates are going to
be generally takes precedent over treasury or commerce, for example. Virtually, every
legislative body has to have enough power so that you aren't just a rubber stamp. And, I hate to
keep using that because if the Mayor and Manager sit down and develop a budget and they
submit it to you, who is going to analyze it for you?
Commissioner Gort: Well, what you are saying is, those people would be responsible to make
sure that the budget is being carried out the way it was passed by us?
Vice Chairman Teele: They would review monthly and quarterly the progress of the budget...
Commissioner Gort: OK.
Vice Chairman Teele: ... and to make sure that the budget that has been adopted is in
compliance. I understand...
Commissioner Gort: And, if there is any deviation it will come in front of us?
Vice Chairman Teele: Yeah...
Commissioner Gort: OK.
Vice Chairman Teele: ... and if there is any issue they come before us. And, that person or that
entity is accountable only to the Commission. In addition, with the separation of power concept,
the City Attorney, the Clerk are pretty much on their own. We don't want them to start setting
up now, a Budget Office in each one of their office, because to be honest with you, the City
Attorney and the City Clerk who are both constitutional or Charter Officers, who report only to
the Commission, have had sort of a free ride working for the Mayor and Commission. Now,
they are totally autonomous and they have to have their budgets submitted, somebody has got to
check their budget.
Commissioner Plummer: We always do.
Vice Chairman Teele: Say again?
Commissioner Plummer: We always do.
Vice Chairman Teele: But who prepares their budget?
Commissioner Plummer: They do.
Vice Chairman Teele: No, they don't. The Manager's...
Commissioner Gort: The Manager's...
125 December 30, 1997
Vice Chairman Teele: ... Budget Office does.
Commissioner Plummer: Well, no. Subject...
Chairman Hernandez: Well, isn't that...?
Commissioner Plummer: No, subject to City Commission...
Commissioner Plummer: Of course, J.L.
Chairman Hernandez: Yeah.
Commissioner Plummer: ... and many times I can tell you that I have had real knock down drag
out fights with him about his department.
Vice Chairman Teele: But, but, Commissioner.
Commissioner Plummer: ... So, he prepared the budget and he surrendered it to us and we
didn't agree with it. So...
Vice Chairman Teele: Commissioner, Commissioner, that's... The Commission is the only
entity in the world that can approve a budget of the City of Miami. The question is, who is
preparing the documents? Under the separation of power, once you go to the Executive Mayor,
you don't want the City Attorney and the City Clerk's budget dependent upon the what the
Mayor says he wants them to be.
Commissioner Gort: Right.
Commissioner Plummer: Oh, I agree with that.
Vice Chairman Teele: So, rather than having the City Attorney now hire a Budget Officer and
the City Clerk hiring a Budget Officer, the Legislative Budget Officer will prepare their budgets
for them.
Commissioner Gort: They will be working year round. They will be working year round.
Vice Chairman Teele: Additionally, there will be more oversight with Off -Street Parking, with
DDA (Downtown Development Authority), with CRA (Community Redevelopment Authority,
with MSEA (Miami Sports and Exhibition Authority), and all these other quasi autonomous
bodies because the Legislative Budget Officer will be functioning just like the Office of Budget
as it relates to the quasi independent agencies...
Commissioner Plummer: Next...
Vice Chairman Teele: ... such as the International Trade Bureau... Board.
Commissioner Plummer: Next question.
Chairman Hernandez: Even with this... I have got a question, Commissioner. One second.
And, I would like to hear from the Mayor's Office. What? Two things, if this office would
exist, does the Mayor in fact under the Charter still present the budget to the City Commission,
and he makes...?
Vice Chairman Teele: Absolutely.
126 December 30, 1997
Commissioner Gort: Yes, sure. Yes.
Commissioner Plummer: Oh, yeah.
Vice Chairman Teele: Only the Mayor can present the budget.
Chairman Hernandez: Correct. And, he is going to present his package or his budget from the
numbers presented by obviously, the Manager and his office?
Vice Chairman Teele: Right.
Chairman Hernandez: Now, what is the Estimating Conference Committee do for us?
Vice Chairman Teele: You're talking about the...
Chairman Hernandez: The boards Estimating Conference Committee.
Vice Chairman Teele: What would normally happen if there was no control board, the
estimating conference in effect would be the Manager and his Budget Officer and our Budget
Officer, the Legislative Budget Officer and maybe Audit and Management as well as the outside
people, the consultants that are employed. But, remember, the Oversight, we want to get away
from the Governor's Oversight. But, there would be and there should be, in fact they go to
Tallahassee, the Governor... The State of Florida's Estimating Conference that is held every
quarter consist of the House of Representative Budget Officer, the Senate Budget Officer, the
Governor's Budget Officer and they all sit there and try to agree in the Florida Department of
Revenue and they all go in a room and try to figure out if, you know, the Department of
Commerce is overspent, if the Department of State is out of budget or... those kinds of budget
issues. It's a normal budgeting process in a check and balance legislative executive branch of
government.
Commissioner Plummer: We also are creating a thing called Audit and Management Office. Is
that subservient only to the City Commission?
Vice Chairman Teele: The legis... The Auditing Management Office is essentially the same
thing that you have in any corporation called the audit committee. It has actually two hats.
While it works for the Manager, it actually has a dotted line responsibility to the Commission
and the external auditors, Peat Marwick is the... Mr. Jose Rodriguez is here and he can comment
on that, but their management report, your audit letter I think, recommended this structure as
another way of providing a check and balance to ensure that we don't get in the kinds of
problems that we got into when the Budget Office and Finance Office... Mr. Rodriguez...
Chairman Hernandez: We are together.
Commissioner Plummer: How does that differentiate between the LBO?
Vice Chairman Teele: The function is totally different. The LBO...
Commissioner Plummer: It's still a check and balance.
Vice Chairman Teele: The LBO is totally accountable to the Commission. J.L., just look at it
like this, if the Mayor and the Manager give you a budget, who is going to analyze it for you?
Commissioner Plummer: Huh. We, in the past, have had a budget review committee.
127 December 30, 1997
Vice Chairman Teele: Well, we, in the past got in a lot of trouble.
Commissioner Plummer: Well, you can say that, yes.
Vice Chairman Teele: But, I am just saying, there is no... You can't ask... You see before the
Mayor was a part of us, and we were a part of him.
Commissioner Plummer: We question that.
Vice Chairman Teele: Well... But, now the Mayor in a separation of power of government, the
Mayor is a separate entity. And, his people may not be as forthcoming on some of these issues
relating to his plan as we would want them to be. The only way that you are going to be able to
provide an independent analysis of that budget, the same way the Governor's Oversight Board
has, is that they have their own people evaluating what we say, a check and balance. But, I
really would like to hear from Mr. Rodriguez because I think this is...
Chairman Hernandez: Be...
Mr. Nachlinger: I will be happy to yield the mike to Mr. Rodriguez. I was just wanting to
comment on Audit and Management that what we are creating here is taking the current Internal
Audit Department and creating within that a management services function. That's the
differentiation of the title from Internal Audit to Audit and Management creating some
management, internal management consulting, if you will, the ability for that, and have that
again, report to the City Manager, but it does also have a reporting responsibility to both the
Mayor and the City Commission.
Commissioner Plummer: How much money was designated for that in the budget?
Mr. Nachlinger: Three hundred and fifty thousand dollars ($350,000).
Commissioner Plummer: The previous budget. Not what's in here today. If you are changing
the name and the title of what was there before, how much money was dedicated to that? And,
my question is, why do you need another three hundred and fifty thousand dollars ($350,000) if
all we are doing is, changing the name and the title?
Mr. Nachlinger: No, sir, that's not all we're doing. We are heading personnel into that office
that could do the management consulting internally that we currently had to contract out for.
Commissioner Plummer: OK, I only have one other question. If we don't remove the
exemptions on the fire fee, where is this million dollars ($1,000,000) is going to come from?
Mr. Nachlinger: Commissioner, the million dollars ($1,000,000) can come from any number of
places. The principle of which...
Commissioner Plummer: You know, I have heard that all day. You wish in one hand and the
other...
Mr. Nachlinger: No, I don't make those comments, so I can't do the... on the other hand. But...
Commissioner Plummer: I mean, but no, what I am saying to you is, we are saying that if this
doesn't happen we are not going to have this money, and if we don't have this money, this isn't
going to happen. I mean, we're...
128 December 30, 1997
Mr. Nachlinger: Commissioner, I will tell you that you still have to take legislative action to
eliminate a Solid Waste fee, you can establish that fee in any level that you so desire up to the
current one hundred and sixty dollar ($160) level, up to the fair market value or down to zero
and it's entirely under the purview of the City Commission to do so. The other item is the fire
inspection fee, which under the five year plan has been eliminated but the legislation has never
been adopted by the City Commission. If you leave that in place it will produce a million dollars
($1,000,000) a year.
Commissioner Plummer: My friend, I want to tell you something. The people of this City and
this community are up to here in fees. I have a friend who has a filling station at the corner...
Well, it's immaterial where it is. He now has 54 permits to operate that filling station. People
are absolutely beside themselves in fees and more fees and more fees. The Certificate of
Occupancy when you move into a new office in the City of Miami... I got a call the other day,
six hundred dollars ($600) the same charged in the City of Coral Gables was in the neighborhood
of one hundred and sixty dollars ($160). We've reached... somewhere along the line we have got
to realize that if we don't stop what we are doing we are going to driving businesses out of this
community. And, if you don't believe me, go dry up in part of my so called "gulf district" and
look at the vacant stores.
Mr. Nachlinger: Commissioner, I am not going to disagree with you on that.
Commissioner Plummer: Well, I am saying to you we are talking about more fire inspection
fees.
Mr. Nachlinger: No, sir, I am talking about eliminating that.
Commissioner Plummer: We are talking about these fees and that fees and other fees. I mean,
out there the perception is, we are not business friendly. Now, yes, we have got to have revenue.
Yes, we have got to have money, but let me tell you, go count the empty vacant stores. Go count
the empty vacant buildings, and...
Vice Chairman Teele: Commissioner, there is no fee that's in this proposal that has been raised.
Let me just say two things, this does not... This proposal has no fees in it at this point. Let me
just say this though, if the fire fee which you voted against...
Commissioner Plummer: Yes, sir.
Vice Chairman Teele: ... goes down, none of this stuff will happen. There won't be any
training, their won't be any cleanups, there won't be any of this. All of this contingent on the
fire fee being adopted and that other revenues basically will not... that other revenues such as the
fire inspection fee may not be eliminated or may be reduced. But, there is no new fees proposed
here. But, I think it's very important...
Commissioner Plummer: Not here, but they were in this year, in this calendar year previous to
your being here.
Vice Chairman Teele: They what?
Commissioner Plummer: There were fees that were absolutely skyrocketing, OK.
Commissioner Gort: The fire inspection fee for one.
Commissioner Plummer: Was one of them, all right. Now, I am not saying that we have to stop
fees. But, I am saying is, that we had a fee... Let me give you... which was I thought a good fee,
129 December 30, 1997
not so much from revenue. If the Police Department stops a car for drugs and they tow it, it's
five hundred dollars ($500) to get it back. I mean, that was a great fee, I thought it served a
purpose. But, these are the kinds of fees we went... Let me give you a better one, burglar
alarms. Burglar alarm fees, my friend, are absolutely out of sight. five -five dollars ($75) after
the first free one, and they run up to two hundred and fifty dollars ($250). We don't have a fire
alarm fee or at least, I don't think we do. Huh? Well, OK, whatever it is, I haven't had that, all
right. That's the only one I haven't had. All I am saying is that, you know, somewhere along
the line, yes, we have residents but we also have businesses and let me tell you, in trying to
encourage businesses to come into this City, we better start thinking about of some of the ways
we need to keep what we have.
Chairman Hernandez: Oscar.
Mr. Oscar Gaetan: I just wanted to refer to your question before and then a chart proposed by
the Manager. The legislative budget and support was not part of that chart at all. This was on
the... When the two charts were put together this is what was on the prior chart. They Mayor's
chart never addressed things that report directly to the Commission. Two, I think it's worth
knowing that the Mayor's position or Mayor's Office position is that the Budget Office and the
Manager's Office has done a tremendous job of putting together, I think the most difficult
document in the history of the City of Miami, which is I think what this five-year plan is. So,
our concern is that we are raising some extra revenue, this three million dollars ($300,000,000)
that I think was put in as a request of the Commission. And, our concern is, that we are going
out and showing the voters and the residents of the City of Miami that we are spending that
money immediately upon finding the revenue source, and whether that is a duplication of a
service that is now being provided to the Commission, I think quite successfully by the
administration.
Chairman Hernandez: With the intent, Art.... And, I had this question for you. With the intent
of having the checks and balances, obviously, this is... that's what this is really all about. I know
that in Miami Beach because I discussed this issue with Garcia -Pedrosa, they have a budget
advisory committee which was something that Commissioner Plummer was talking about. And,
in the case down in the Beach, what they have really is a pro bono committee proposed of
different CPAs which meet twice a month and during the budget season once a week, providing
advice and basically the checks and balances that you are looking for. I wonder, it's an issue that
does concern me as to... We have possibly eight hundred thousand between the internal audits
and the budget, what did we call it? The Legislative Budget Office.
Vice Chairman Teele: Commissioner.
Chairman Hernandez: Go ahead.
Vice Chairman Teele: Commissioner, let me say this. First, Miami Beach is not an Executive
Mayor form of government. And, somewhere along the line I think we don't have to be really
sarcastic about this, but, you know, this country has worked pretty well with a legislative and an
executive branch with a built-in check and balance.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: This is nothing but a replication of that. This City is in a financial
emergency and contrary to all of the statements in the press and what people want to say, it
wasn't about graph or corruptionn that got this City in trouble. It was about a lack of checks and
balances. That's what it really gets down to. And, you can cut it anyway you want to, but if you
don't invest in checks and balances to ensure that when the Manager is sweating and he is trying
to do the same thing that you do and the Chairman does when you know, sits at table with his
130 December 30, 1997
wife and tries to figure out how to make the budget work, like we all do, you know, somebody is
going to get short some months. And, what we are trying to do is make sure that nobody gets
short, and if somebody is going to be short, one of these officers, one of these accounts gets
short, that the Commission is going to be aware. And, if this Commission, you know, wants to
consider this in a different light, that's fine.
Commissioner Plummer: What are the renovations to the tenth floor?
Vice Chairman Teele: The only way it's going to be effective though is if there is revenue to
finance it.
Commissioner Plummer: One hundred thousand dollars ($100,000) worth?
Vice Chairman Teele: And, I mean, I really do believe that the Mayor's Office...
Mr. Rollason: Extension.
Vice Chairman Teele: ... with all due respect, as many people as the Mayor has got there in his
office, there is no way his budget is in balance. And, sir, I would like for you to give us a report
on the Mayor because the Mayor has hired all these people, there is more people up there that is
authorized in that budget, in the Mayor's office, today, as we speak. In fact, I would be willing
to bet you that if you take the Mayor's budget right now, and extend it out for the next year, he
will be 100 percent over his budget.
Commissioner Plummer: Is that overtime?
Vice Chairman Teele: No, I am talking about straight time of people that have been hired. And,
what I am saying to you, and I mean, you know, I'll put this out on the table, so let's have at it.
In fact, Mr. Manager, I would for you to give me a report of everybody that is hired in the office
of the Mayor and their salaries and their annualized salaries, and I would very much like to have
that by next Monday, before you leave and to determine whether or not the Mayor's Office is in
budget. And, this is the point, if somebody isn't around here able to say to the Mayor, Mr.
Mayor, your budget is out of balance, that is going to happen. And, I'll tell you something else.
If somebody can't go to Commissioner Plummer and say, Commissioner, you are going to have
to lay somebody off or cut down on somebody's salary, his budget is going to be out of balance,
perhaps, and my budget is going to be out of balance. And, I will be willing to bet you, if the
truth were known and the lights went out, there is probably two or three Commissioners because
I can tell you, I had to borrow money from Harvey Rubin one year and from Sherman Wynn
another year to get my budget into balance on the County Commission because I hired a bunch
of kids. And, if somebody doesn't do that, it's going to happen. Who is going to tell the Mayor
his office is out of balance? And, I am telling you, right now, that I would believe that if you
take everybody that is in the Mayor's Office right now, sir, and extend their contracts and
salaries out till September 30th, the Mayor's budget will be 100 percent overbudget. Well, but
that's what...
Commissioner Plummer: But we can't do that.
Vice Chairman Teele: ... I am saying. So, when you get up and you make a statement like that
about it's a redundancy. And, I can tell you this, Mr. Budget Officer, would you come up here?
I can tell you right now, he is not going to go up to the Mayor and say, Mr. Mayor, I have got to
tell you something, your budget is out of balance. I can tell you that, he's not going to do it, and
that's just folly to...
Commissioner Gort: They never told the Commissioners before. You ask them, where is my
budget? Don't worry about your budget, it's being taken care of.
131 December 30, 1997
Vice Chairman Teele: Don't worry about your budget, we will take care of it.
Commissioner Gort: Yeah.
Commissioner Plummer: Yeah, but wait a minute, now.
Vice Chairman Teele: Well, let me just finish, if I may?
Commissioner Plummer: Oh, go ahead. Go ahead.
Vice Chairman Teele: Have you looked at the Mayor's budget?
Mr. Dipakray Parekh (Director/Office of Budget & Management Analysis): Yes, I have.
Vice Chairman Teele: If the Mayor's budget is extended through September 30th with the
people that are on the staff, is there a possibility that the Mayor would be over his budget?
Mr. Rollason: I am right behind you, Dipak, as long as...
Mr. Parekh: That's what I told U.S. World this morning. With the resolution which this
Commission passed...
Vice Chairman Teele: No, no, no, no. Hold... Forget the reso... Forget what the Commission...
If you take the head counts that are there and their salaries and their fringe benefits and a
reasonable this and that and a reasonable travel, is the Mayor's budget possibly going to be
overbalanced by the end of the year if he doesn't hire... layoff anybody or reduce salaries or
whatever?
Mr. Parekh: Vice Chairman, let me answer to you this way. I got to answer properly. The
Commission did... appropriated one hundred thousand dollars ($100,000) from the contingency
fund to fund the Mayor's salary and with that it will in balance. If you looked at what the annual
appropriation was at three hundred sixty-eight thousand dollars ($368,000) earlier without the
Mayor being paid it would have been completely out of balance.
Vice Chairman Teele: And, who appropriated...? Who moved to move the one hundred
thousand dollars ($100,000) for the Mayor?
Commissioner Plummer: We did.
Vice Chairman Teele: I did. Because I knew that his budget was out of balance and I am telling
you that if you get the numbers I will show you that he's still over this budget.
Mr. Parekh: Chairperson, will also tell you this. I am put in sometimes a very difficult position.
Vice Chairman Teele: I apologize. I apologize.
Mr. Parekh: OK. But, I will let the Mayor and in some cases Commissioners also know that if
they are over -balanced. Why? Because I think overall, my responsibility is, number one, to the
City of Miami.
Vice Chairman Teele: Well, with all due respect, you are going to tell the Manager, I mean, you
know, the..
132 - December 30, 1997
Mr. Parekh: I have, sir.
Vice Chairman Teele: OK.
Mr. Parekh: I have. And, I...
Commissioner Plummer: Yeah, but I want to know how you play this game of going over
budget not worrying about it.
Vice Chairman Teele: It's called chicken.
Commissioner Plummer: It's called chicken?
Mr. Rollason: Well, we worry.
Commissioner Plummer: No, I... you know...
Mr. Parekh: There are... During the course of the year, just like we had last year...
Commissioner Gort: Well, let me ask you a... Mr. Chairman.
Mr. Parekh: ... you had several issues which came up.
Commissioner Plummer: Yeah, but you have in the budget that each one of us have "X"
personnel.
Mr. Parekh: Right.
Commissioner Plummer: OK. And, we have "X" number of dollars. Now, how you go over
that without this Commission approving it?
Mr. Parekh: Well, if you hire more personnel than what has been appropriated, definitely you
will. Absolutely.
Commissioner Plummer: And, if I am under?
Mr. Parekh: That's to the benefit of the City of Miami.
Vice Chairman Teele: I mean, the simple answer is, seriously, that you do a budget amendment.
Mr. Parekh: Absolutely.
Vice Chairman Teele: In the course of the year you find places where somebody is way under
and somebody is... and you adjust the amount.
Commissioner Gort: And, you adjust it.
Vice Chairman Teele: And, in most cities there is a budget amendment generally in April or
May...
Commissioner Gort: We have that.
Vice Chairman Teele: ... or June, before the September period to get everybody's budget in line.
133 December 30, 1997
Mr. Parekh: Absolutely.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I don't think we have any problem with the LBO (Legislative Budget
Officer). I think what they are looking at is the economic of it. We are talking about four
hundred and something thousand dollars, the numbers. How many people are we hiring in
there? How many people we are putting in there? And, where the numbers come from, the...
Vice Chairman Teele: Well, the concept of...
Commissioner Plummer: I have got a one hundred thousand dollar ($100,000) problem with
MRC (Miami Riverside Center).
Vice Chairman Teele: ... course is something that can be adjusted.
Commissioner Gort: OK.
Vice Chairman Teele: And, if you want to rollback the numbers, I mean, I don't really care.
What I care about is, we have accountants that we don't hire, and the Oversight Board quite
frankly is not going to let us... They have already told us, we cannot implement the Legislative
Budget Office until there is...
Chairman Hernandez: Monies there.
Vice Chairman Teele: ... revenue to do it, number one. And, until the fire fee is out of the
woods. Because, again, if the fire fee gets caught up in a lawsuit, an injunction, none of this
stuff goes forward. The beautification, nothing goes forward.
Commissioner Plummer: Well, I just want to go on the record. I got a problem with one
hundred thousand dollars ($100,000) worth of improvements to the MRC building for the new
City Manager. I got a problem with that, I want to tell you.
Vice Chairman Teele: For the what?
Chairman Hernandez: For the... improvements to the MRC.
Commissioner Plummer: According to the City Manager, one hundred thousand dollars
($100,000) for the redoing of the tenth floor is for the new City Manager to spend one hundred
thousand dollars ($100,000) on a building that the Mayor is talking about we are going to sell.
Vice Chairman Teele: But, Commissioner, this is not an appropriating document. And, if you
have got a problem with it, it's not going to go forward because you are going to raise it when
they bring the appropriate...
Commissioner Plummer: Well..
Vice Chairman Teele: The document that appropriates money. And, we have to look at this.
Commissioner Plummer: Well, maybe if I say it now, they won't bring it later because they
know how we feel.
Vice Chairman Teele: I would just ask again, that the concepts be involved that have been
outlined including the Club 90 as the Manager deems appropriate and core initiatives and
134 December 30, 1997
throughout that... with the further proviso that no funds can be expended until they have been
separately appropriated and that no funds will... may be spent on anything until the fire
assessment fee or a comparable source for twenty-one million dollars ($21,000,000) has been
located.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: All right. I have a question. Solid Waste fee is something you mentioned
here that money could be used.
Vice Chairman Teele: Yes, sir.
Commissioner Gort: But, at the same time, let us go to page 56. Page 56 where we are saying
the Solid Waste fees contemplated by the early five-year plan had been reduced from 160 dollars
to zero.
Vice Chairman Teele: Have been reduced to what?
Commissioner Gort: To zero.
Vice Chairman Teele: Well, again, this is not an appropriating document. Right now, that fee is
one hundred...
Mr. Nachlinger: One hundred and sixty dollars ($160). Billed...
Vice Chairman Teele: One hundred and sixty dollars ($160).
Mr. Nachlinger: ... semiannually.
Vice Chairman Teele: And, I am going to tell you right now, I am on record as saying that I
think that if the fire assessment fee does go forward that we should substantially reduce that fee.
But, I think it's a mistake to eliminate it because I think you lose control over... I mean, there is
no incentive at that point for anybody to do anything but just bring garbage from Key West or
anywhere else and put it outside the door if it's zero.
Commissioner Gort: Well, like J.L. says, I want to make sure I put it on the record.
Mr. Rollason: Mr. Chairman.
Chairman Hernandez: Yes, Mr. Manager.
Mr. Rollason: Let me respond to the comment that was made by Mr. Gaetan that quoted him on
the record about the legislative budget and support not being a part of the Mayor's plan. I am
not exactly sure what the inference is there, but I will say to you that in my opinion, this plan that
is submitted is the Mayor's plan. What I provided during the lunch break was the staff to put
into the plan what the representatives from the Mayor's Office said to put into this. Now if they
didn't read what was there on the left hand side of the column of page 85, it may be inadvertent,
but I can tell you that the administration did not put something in there to try and make it...
replicate something like on page 85, and I don't particularly care for the inference that we did
something that they didn't have any knowledge of. This is, in my opinion, the Mayor's plan.
Commissioner Gort: See, this is the difference between communication and receiving. My
understanding of Mr. Gaetan was the original, the Mayor was not in favor, it was part of his plan.
But, after sitting down with staff and discussing with you all he incorporated into his plan.
135 December 30, 1997
Mr. Gaetan: That's exactly what I said. What I said is, it wasn't originally in our plan and that it
had been part of the plan that have been discussed by the City Manager and then when we put it
together that's when it showed up there.
Chairman Hernandez: Right.
Mr. Gaetan: That's what I said. It wasn't on the original plan...
Chairman Hernandez: Right.
Chairman Hernandez: ... that you had...
Mr. Rollason: But, there was no City Commissioner there...
Mr. Gaetan: I am not passing any judgment as to whether the Mayor is in favor of that office or
not. That's all I am saying.
Commissioner Gort: Mr. Chairman.
Mr. Gaetan: I said that it was in there and in our original piece of paper it was put together.
Chairman Hernandez: OK. Commissioner Regalado.
Commissioner Gort: Yeah. I just wanted to say that I am seconding Vice Chairman Teele's
motion if we want to move on.
Commissioner Plummer: I am sorry, I didn't hear the motion.
Chairman Hernandez: OK, wait. I didn't hear the motion either in that. The bottom line is, we
are... Go ahead with your motion and we will look at this.
Vice Chairman Teele: We authorize the Manager to adjust the plan to reflect the language
contained in the series of items that were read out only to be reflected either as core initiatives or
as management operational documents as the management agrees or finds fit and that the
Manager and the Assistant Manager will be empowered to change the wording to gain the
concept or to amend it as appropriate.
Commissioner Plummer: Change wording but not intent.
Vice Chairman Teele: But, not intent. Thank you. And, it's seconded by Commissioner
Regalado.
Chairman Hernandez: We got a motion by Vice Chairman Teele. Discussion.
Commissioner Plummer: How much longer... My only question is, we have spent an awful lot
of money with auditing firms, and money well spent, but how much longer are they going to be
on board as our check and balance prior to the implementation of a fire fee that, in fact, may or
may not generate the revenue that is necessary for the check and balance? I think we allocated
up to two hundred thousand dollars ($200,000), as I recall. Am I correct?
Vice Chairman Teele: Well, they won't spend anywhere near that amount of money, even with
the two firms. And this is not just one firm, it's two firms that are engaged. The Mayor,
obviously, is well represented, as well as our... But there is a requirement and a resolution, a
136 December 30, 1997
companion resolution that they work with the Manager in developing a multi -tiered benefit. But
they are essentially on retainer until we fire... until we release them as our external auditor. So
they should be working on the management letters that they provided, and working with the staff
in implementing recommendations that they found last year. So their contract in indefinite.
Obviously, we could terminate it at any time, but we are required by State law to have an
external audit.
Commissioner Plummer: I understand. But we paid them up to or not to exceed two hundred
thousand dollars ($200,000).
Vice Chairman Teele: It was merely to authorize them to be able to work and know that they
have a comfort level.
Mr. Nachlinger: And also, keep in mind that they're going to help develop these action
operational plans for the individual departments that have to come on line to be in compliance
with that initiative the Oversight Board required.
Vice Chairman Teele: Mr. Chairman, I don't fully understand what that means, but I can tell
you and report to this Commission that when Mr. Rollason told the Chairman of the Board - of
the Oversight Board - that they would be doing that, his eyes lit up, and he breathed a sigh of
relief. And his tone and demeanor went from being very stern to much more relaxed, based
upon this operational plan that they're going to be developing, because that was his big hangup,
as I recall it. And what they're looking for is a bottoms up, department by department review
that will involve labor and management and everybody to buy into what it is the departments are
supposedly doing.
Chairman Hernandez: We have a motion.
Commissioner Gort: What's the motion?
Chairman Hernandez: Vice Chairman, can you repeat your motion one more time?
Vice Chairman Teele: Yeah. We read out the items that... the Manager kicked them off,
Commissioner Plummer queried us on them, that those items be moved into the plan as
appropriate as core initiatives, starting with the Mayor's beautification, and on, and on, and on,
and that... provided that no funds may expended to implement any of them until a revenue source
has been detained, and an appropriation has been provided by the Commission.
Chairman Hernandez: Motion by Vice Chairman Teele, seconded by Commissioner Regalado.
All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: Unanimous.
137 December 30, 1997
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-933
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
BEAUTIFICATON 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. 11-A, AS MORE FULLY DISCUSSED ON PAGE 5 IN ABOVE- CITED
LETTER] SUBHEADING ENTITLED: TRANSFER TAX EXEMPT PROPERTIES
TO TAXABLE STATUS;
* [NO. 11-13, AS MORE FULLY DISCUSSED ON PAGE 5 IN ABOVE- CITED
LETTER] SUBHEADING ENTITLED: THE LAREDO TEXAS PLAN;
* [NO. 11-C, AS MORE FULLY DISCUSSED ON PAGE 6 IN ABOVE- CITED
LETTER] SUBHEADING ENTITLED: FEDERAL, STATE AND FOUNDATION
GRANT MONIES;
* [NO. 11-G, AS MORE FULLY DISCUSSED ON PAGE 7 IN ABOVE- CITED
LETTER] SUBHEADING ENTITLED: RESTORE THE COMMUNITY
REDEVELOPMENTAUTHORITY TO A QUASI -AUTONOMOUS ENTITY;
*[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 OR SAID MODIFICATIONS UNTIL A REVENUE SOURCE
AND APPROPRIATION HAS BEEN PROVIDED BY THE COMMISSION.
138 December 30, 1997
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
013-10ev no
Vice Chairman Teele: Mr. Chairman, there's a companion resolution. We may as well take it
up. It is ready now, Mr. Attorney, regarding the multi -tiered benefit plan?
A. Quinn Jones, III, Esq. (City Attorney): Yeah, that's... yeah.
Vice Chairman Teele: And that would empower the external auditor to work with the Manager
designee. And I think Commissioner Plummer raised a number of concerns relating to benefits
that the Mayor may be receiving that others aren't, and to really look at all of those issues
relating to a benefits schedule that would come back to us. Obviously, that would have to be
approved by the Oversight Board, as well.
Commissioner Plummer: Absolutely.
Chairman Hernandez: Vice Chairman, there's an issue that's - now that you just touched off on
benefits - that's still up in the air, and the concern has been brought to my attention. I think it
was pretty clear, but I wanted to bring it in so we can be... put it on the record. As to the
compensation, when we spoke about a full-time Mayor and outside compensation, as long as it
was disclosed there were no conflicts of interest sitting on board, sitting on any type of corporate
board, any type of speeches, compensation for speeches, any type of outside legal work that
would not, obviously, be in conflict of interest with any City business. The question is,
obviously, the Mayor is an attorney, and he maintains his Florida Bar license active. Was there,
back when we discussed this, any concern or any objection to him getting any outside
compensation, as long as it was openly disclosed to this Commission?
Vice Chairman Teele: Mr. Chairman, I don't think it was discussed. I think it's a fair issue, but
I would hope that it would get rolled into the overall benefits three -tiered, four -tiered, multi -
tiered system, and that the external consultant would work with the City Attorney and the
Attorney General of the State of Florida, as they deem appropriate, to develop with us a
resolution of that issue. I would imagine that there would need to be a companion ordinance or
resolution.
Mr. Jones: Well, just a resolution I prepared, which is really a resolution instructing...
Vice Chairman Teele: Yeah, but I think... See, I think it has an economic implication that I'm
not prepared to sign onto tonight.
Commissioner Plummer: Absolutely not. And I'll tell you right now...
Vice Chairman Teele: I see boards... memberships on boards that are disclosed and a part of the
public record, and honorariums and speaking fees as... in my judgment, there is no problem. If
139 December 30, 1997
it's the practice of law, then I think there has to be certain real restrictions on how much of that
he does, if any at all. And, I mean, I would be willing to work with the Mayor, and I'm sure all
of us would be. But I think it's something that has to be defined as sort of a footnote to a
benefits package.
Chairman Hernandez: And I don't think he'd have a problem with that. He just wants some...
really, direction from this Commission on what we've objected to.
Commissioner Plummer: I'm willing to discuss the issue, but let me tell you something. The
record will reflect that it was very clear. And Mr. Clerk, send us all a copy of when that matter
was discussed, because there is no question that it was very, very clear.
Vice Chairman Teele: Mr. Chairman, I would so move... Is the resolution available?
Mr. Jones: No, it's not... to read it for you in the record.
"A resolution instructing the City Manager to direct the City's external auditors,
KPMG Peat Marwick, to conduct a study to encompass a tiered executive
compensation and benefits study to include a comparison of comparable
municipal entities."
Vice Chairman Teele: I would so move, with the proviso that a part of that would look at the
salary, as well as benefits, in making the benefit adjustment; and specifically, that the issues that
have been raised by the Chairman related to the compensation of honorariums, director's fees
and outside employment be also addressed, in consultation with the City Attorney and other
lawyers, as may be required.
Chairman Hernandez: How long is this compensation resolution or package going to take to
come before us again? Are they preparing that as we speak, the study, a report? What are we
looking at?
Mr. Nachlinger: Let me get some kind of response.
Vice Chairman Teele: I can tell you this. Garcia -Pedrosa is going to be pushing it forward.
Mr. Nachlinger: I think there will be some emphasis to get it moving with it. We'll get moving
on it tomorrow. But it will take, to do an appropriate study, somewhere between a month and a
half to two.
Commissioner Plummer: Yeah.
Mr. Nachlinger: I think the motion was for it to be retro...
Chairman Hernandez: Right, it's retroactive.
Vice Chairman Teele: It would be retroactive for the Manager, and that's the way we confirmed
his appointment. So whatever it is, it would be retro.
Chairman Hernandez: For the Manager and the Mayor, or just the Manager?
Vice Chairman Teele: For the Manager.
Commissioner Plummer: Manager.
Vice Chairman Teele: The Mayor already has a benefits package. And what we're going to do
is look at...
140 December 30, 1997
Commissioner Plummer: But we asked that the benefit package for the Commission also be
looked at.
Chairman Hernandez: Right.
Vice Chairman Teele: Well, this is everybody.
Commissioner Plummer: OK. I strongly suggest that you look at the package that the City
Manager was receiving from the City of Miami Beach. It had some very, very fine points in it.
Chairman Hernandez: We have a motion to approve the resolution read into the record by the
City Attorney. Motion made by Vice Chairman Teele.
Commissioner Gort: Second.
Chairman Hernandez: Seconded by Commissioner Gort. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Five/zero.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 97-934
A RESOLUTION INSTRUCTING THE CITY MANAGER TO DIRECT THE CITY'S
EXTERNAL AUDITORS, KPMG PEAT MARWICK, TO CONDUCT A STUDY OF
TIERED EXECUTIVE COMPENSATION AND BENEFITS PACKAGES,
INCLUDING COMPARISONS OF COMPARABLE MUNICIPAL ENTITES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. City Manager, what else do we have on this five-year plan?
Mr. Nachlinger: Well, what we need is a motion to accept the plan, adopt the plan...
Commissioner Plummer: No, no, no. We haven't gone through the entire agenda here yet.
Mr. Nachlinger: Well, the other issues that are on here, on the agenda, do not pertain to the five-
year plan. I mean, you've got an issue dealing with fee waivers. You've got an issue dealing
141 December 30, 1997
with attorney/client confidentiality. You've got an issue dealing with the CRA (Community
Redevelopment Agency). We've already gone over the item...
Commissioner Plummer: No, I'm not talking about those.
Commissioner Gort: The core initiative, we voted on that already. The core initiative, is there
any questions or any problem with that? I don't think we... We already spoke quite a bit on that.
Commissioner Plummer: I'm trying to find my agenda.
Commissioner Gort: The operational plan, do we have any problem? I personally don't have
any problem with the operational plan. I think we all looked at it and then we made some
suggestions. Solid waste fee, do we need to take a motion today?
Mr. Nachlinger: No.
Commissioner Gort: We don't. That needs to come back. My understanding is that needs to
come back to us later on.
Commissioner Plummer: Well, my only question there, again, is, does the Administration to
hold the fee? I don't think they have that authority.
Commissioner Gort: I'm sorry, J.L. What was the question?
Commissioner Plummer: Does the Administration have the right to hold that fee? It's my... Mr.
City Attorney?
Mr. Jones: I'm sorry, Commissioner?
Commissioner Plummer: Does the Administration... I sound like a parrot. Does the City
Administration have the right to hold the fee of the sanitation and not go out with it?
Mr. Jones: If there is - and there is - a valid ordinance in place, it should be enforced. I mean,
the question is... I mean, unless for whatever reason, the Commission...
Commissioner Gort: inaudible (off the mike).
Commissioner Plummer: Yes, it is. There is an ordinance in force.
Mr. Jones: Unless the Commission repeals the ordinance, then it's... You don't have the ability
to pick and choose which ordinances you're going to enforce or not enforce.
Commissioner Plummer: The question is, the Administration indicated that they were not going
to enforce an ordinance.
Mr. Jones: Well, my answer to you is, it's a valid, enforceable ordinance, unless... It's an
ordinance that should be enforced, unless you direct otherwise by repealing the ordinance.
Commissioner Plummer: Does the Administration understand that?
Mr. Nachlinger: I understand that. I think that the intent was that... it was not that we were not
going to enforce the ordinance. It's that we were going to delay the enforcement of that...
Mr. Jones: Until you decide...
142 December 30, 1997
Commissioner Plummer: You don't have that right. Am I correct?
Mr. Nachlinger: Well, according to counsel, I do not. But...
Commissioner Plummer: And I'm trying to make the point.
Mr. Jones: If this Commission were to give a directive to the Administration to not send the bills
out until "X" date, whatever else, but what I'm telling you, as long as you have an enforcement
ordinance on the books, you've got to follow what your ordinance dictates that you have to
follow.
Commissioner Plummer: Or change the ordinance.
Mr. Jones: Or repeal the ordinance.
Commissioner Plummer: And that takes time.
Mr. Jones: That takes time, unless you want to do it on an emergency basis.
Commissioner Plummer: OK. I... Again...
Mr. Nachlinger: Well, the flip side of this is the bills go out.
Commissioner Plummer: I hear you, but I'm asking, when this thing goes to litigation - OK? -
and that's one of the points of... going to be of litigation, as I understand, you better have an
understanding of where we are and what we're doing.
Mr. Nachlinger: I mean, the direction that I'm hearing is that we will move forward with...
Commissioner Plummer: Excuse me. What I am hearing is, you don't have an option.
Mr. Nachlinger: And I'm hearing that, too. Therefore, we will proceed with...
Mr. Jones: Sending out of the...
Mr. Nachlinger: ... what is necessary to get the bills out on time.
Commissioner Gort: OK.
Chairman Hernandez: Mr. Manager, the next, go ahead.
Commissioner Plummer: Huh?
Chairman Hernandez: He's going down the line of the agenda.
Commissioner Plummer: I'm still trying to find my damn agenda.
Commissioner Gort: Reserve with Managing Investment. I think we discussed that and we
made a motion, and we passed a resolution to assure it?
Mr. Jones: Yeah.
Commissioner Gort: Summary of the five-year estimate, page 67.
143 December 30, 1997
Commissioner Plummer: I'm out of business. Somebody stole my agenda.
Commissioner Gort: I'll keep it in front of me. No problem.
Commissioner Plummer: That scares me.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.)
Chairman Hernandez: No, no. We're just going down the agenda of the Manager so we can
finish everything, just finish what we have.
Commissioner Gort: There's no motion. I want to finish this. I want to pass this and get it over
with.
Mr. Jones: Well, he can do that by motion now.
Commissioner Gort: It's part of the agenda here.
Mr. Nachlinger: These expenditures, as were the... as are the workshop, except for the additional
three million if we did not have the exemptions. And those are an "if come," if it comes.
Commissioner Gort: Do we need to move on this today? Do we need to approve this today?
Mr. Nachlinger: No.
Commissioner Gort: We don't. Am I correct? OK.
Mr. Nachlinger: Not for "if comes." This is informational. We need to let you know what
changes they've been based upon.
Commissioner Gort: Changes in general fund equity, page 86.
Mr. Nachlinger: Commissioner, that's only a chart of what will happen to equity, based on the
five-year plan, over the five years.
Commissioner Gort: Right. So we don't need to move or vote on that?
Mr. Nachlinger: No, sir.
Commissioner Gort: That takes care of the five-year plan now today.
Vice Chairman Teele: I move the adoption of the five-year plan as amended.
Commissioner Gort: Second.
Chairman Hernandez: There's a motion on the floor. There's a second by Commissioner Gort.
Is there any discussion? All those is in favor, say "aye."
The Commission (Collectively): Aye.
144 December 30, 1997
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-935
A MOTION TO ACCEPT AND ADOPT THE REVISED FIVE YEAR FINANCIAL
RECOVERY PLAN INCLUDING ALL OF THE MODIFICATIONS MADE TO THE
GREEN BOOK, DATED DECEMBER 30, 1997, DURING TODAY'S MEETING.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. (A) PREPARE LEGAL DOCUMENTS TO AUTHORIZE AND DIRECT
INTERIM CITY MANAGER TO SIGN PERSONNEL ACTIONS FOR
EMPLOYEES.
(B) DISCUSS STATUS OF EMPLOYEES UNDER STREET SWEEPING
PROGRAM AFTER JANUARY 9, 1998.
(C) DISCUSS LOCATION OF ONE -STOP OFFICES THROUGHOUT
MIAMI-DADE COUNTY FOR WAGES PROGRAM PROCESSING.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: Mr. Chairman, if I may read into the record that may alert the attorney?
Mr. Attorney, I am aware of at least, approximately 50 people who are employees of the City
who have not been paid. In some cases those people are working every day, but because of the
status of the City Manager, the City Attorney has ruled, I think properly that the hiring of these
people is not a ministerial duty and that you would need authority from this Commission. I
would like to ask that the City Attorney prepare a motion or resolution to authorize the City
Manager to hire the... to sign the necessary documents so these people can be paid.
Commissioner Plummer: Who are they?
Vice Chairman Teele: Well, I can tell you, one of them is an aid in my office who has been
working since I was elected who has not been paid.
Commissioner Plummer: Did you say, thank you?
Vice Chairman Teele: No, but, it's really not a... I mean, it's a sensitive issue there in the office,
so... Either she is going to get paid or I am going to get fired, I think. But, there are at least five
school crossing guards, there is three police officers, communications... I mean, there is a list of
these people that's being passed out. And, really, it's... I think the Manager has been diligent
and has been appropriate but there is no reason for this, other than the fact that it's just... If you
had been the Manager, you would have already signed this.
145 December 30, 1997
Mr. Frank K. Rollason (City Manager): That's correct. These people have just been caught
between the change and here they sit there because I cannot sign these documents and go
forward. This is something that has been initiated prior to me and now has fallen to this point.
Vice Chairman Teele: If I may, Mr. Chairman? I would like to move that the City Interim
Manager Administrator be authorized to execute the documents, to hire and facilitate the
payment and the payment be expedited for their... for those that are owed money.
Commissioner Gort: The list that we have here?
Vice Chairman Teele: The list that we have here.
Commissioner Gort: Second.
Chairman Hernandez: There is a motion on the floor by Vice Chairman...
Vice Chairman Teele: For discussion.
Commissioner Plummer: Yeah, but, let's, let's don't let...
Chairman Hernandez: Hold on, let me get to that, J.L.
Commissioner Plummer: I am sorry.
Chairman Hernandez: Motion on the floor by Vice Chairman Teele, second by Commissioner
Gort. Discussion. Go ahead, Commissioner.
Commissioner Plummer: I can read tomorrow morning's headlines. "City is so desperate that
they cannot pay employees." I am looking here that some of these employees don't start until
tomorrow.
Ms. Jonie Harris (Employment Manager): Some of them...
Commissioner Plummer: So, I mean, let's be honest here, OK. Some of them start today, some
of them start tomorrow, some started yesterday...
Ms. Harris: Some started two weeks ago. Some of them are pending, like for instance there are
16 people here...
Commissioner Plummer: I understand that. But, I don't want anyone walking out of these
offices here with the impression that 50 employees are working and they are not getting paid and
they are don't have rent money...
Ms. Harris: That's correct.
Commissioner Plummer: ... and they don't have money for food. I mean, you have got some of
these that are tomorrow that they are starting for the first time.
Vice Chairman Teele: Yeah, that's true, but if it's your paycheck and you have been here for a
month, six weeks, you know, it would be a big deal.
Commissioner Plummer: Mister...
146 December 30, 1997
Vice Chairman Teele: And, I am telling you I have employees...
Commissioner Plummer: I hear you.
Vice Chairman Teele: ... that have been here since I was sworn in that have not received one
dollar of pay.
Commissioner Plummer: I hear you.
Vice Chairman Teele: And, to them and their children who didn't have a Christmas, it's a pretty
big deal.
Commissioner Plummer: I hear you, but I just want for the record that when you say 50 people
haven't been paid...
Vice Chairman Teele: No, I said 50 people are waiting personnel action.
Commissioner Plummer: OK.
Vice Chairman Teele: Some of which have not been paid.
Commissioner Plummer: All right. So, let's just understand that some of these are in effect.
Commissioner Gort: Why? Why is it that there are so many from the Jobs Program?
Ms. Harris: Because, that was a... I am sorry, Frank...
Commissioner Gort: Mr. Manager.
Mr. Rollason: That's a grant as I understand from Gwendolyn, she's put together with the
WAGES...
Commissioner Plummer: That's correct.
Mr. Rollason: ... and that's to forward with the grant...
Commissioner Plummer: That's correct.
Commissioner Gort: That's for the new program.
Mr. Rollason: ... and they are sitting there waiting for those documents to be executed
Commissioner Gort: OK, I would like to remind the Manager and the members of this
Commission that on January the 9th we are running out of money for the street sweepers and we
are talking about 50 plus people, some have already quit. But, these people, they come every
day when they finish work to our office. I am sure that all of you have seen them in your office
and they are really concerned on the 9th of January they won't have any money. This
Commission acted several weeks ago, but we are not going to meet not until the 13th, so I don't
know, Mr. Chairman.
Mr. Rollason: There has been a plan... There has been a plan formulated by the Department of
Solid Waste to address this program ongoing and it is sitting on the immediate file with the new
Manager when I brief him on the items, that is certainly one of the issues that's going to be
addressed.
147 December 30, 1997
Commissioner Gort: Point.
Commissioner Regalado: But, can I? Can 1, just if I need to, make a motion to... Meanwhile,
we have a new Manager and he decided what to do. These people should get pay and should
keep working. I mean, we are talking 9th of January, next week, late next week, and I don't
think that the Manager will come in on Monday and resolve that situation Monday afternoon.
Mr. Rollason: Those are contracted boys that are on board right now and are being paid...
Commissioner Regalado: I know, but we only have funds...
Mr. Rollason: That is correct.
Commissioner Regalado: ... until the 9th.
Mr. Rollason: And, how much does it cost?
Commissioner Plummer: There is 50 people, I guess they're making what, six fifty an hour?
Commissioner Regalado: Well, we first allocated two hundred and fifty thousand dollars
($250,000) and then one hundred and twenty thousand more.
Chairman Hernandez: Two hundred thousand we gave them about one month ago.
Commissioner Plummer: Yeah, but here again, doesn't this have to be approved by the
Oversight Board?
Mr. Rollason: Yes. Yes.
Chairman Hernandez: Yes, it has to.
Commissioner Plummer: So, you know, we can sit here and talk all we want.
Mr. Rollason: No, you're right, it has to be acted on and it has to go to the Oversight Board.
Commissioner Regalado: Well, that's what I am saying.
Commissioner Gort: Yeah. Point of clarification, Mr. Chairman.
Chairman Hernandez: Go ahead.
Commissioner Gort: My understanding is, the Neighborhood Jobs Programs is the people that
have been placed, they are just changing from one grant to another grant so they need to be
reaffirmed. Am I correct? Because...
Ms. Harris: Half of the people that you see listed under the Neighborhood Jobs Programs are
promotions.
Commissioner Gort: Right, OK.
Mr. Jones. There are a few that have gone through the pre -employment process who are
basically on hold until such time that their paperwork can be signed.
148 December 30, 1997
Commissioner Gort: Right, OK.
Vice Chairman Teele: And, let me just say this, this is a grant, and if we don't spend this money
and get these people out there trying to do the counselling and get these people jobs, we won't
catchup. You don't... You can never catch up a day...
Commissioner Gort: Right.
Vice Chairman Teele: ... in this kind of process. And, the effectiveness of this kind of program
is totally dependent upon us being able to act on a calendar year or whatever this fiscal year basis
is. And, everyday they are not on the job is money you are not going to be able to recover.
Number one and two, it's people that you are not going to be able to get in jobs, and that's very
important.
Chairman Hernandez: OK.
Commissioner Plummer: Mr. Teele, we will definitely meet our goals.
Vice Chairman Teele: For WAGES?
Commissioner Gort: Go ahead.
Commissioner Plummer: In this City.
Vice Chairman Teele: J.L., I am going to tell you, this thing is very serious, and the fact that the
State and the County are all pointing fingers at each other...
Commissioner Plummer: Excuse me, you didn't understand what I said.
Vice Chairman Teele: I heard what you said.
Commissioner Plummer: This City will meet its goals. Our goals are two million dollars
($2,000,000) worth of training. We have "X" number of slots for enrollment in programs. We
are even joining in the one stop where you can go and get classified. We will meet our goals of
the two million dollars ($2,000,000).
Chairman Hernandez: All right, I am calling the question. We have a motion by Vice Chairman
Teele, seconded by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
149 December 30, 1997
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 97-936
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE THE
APPROPRIATE DOCUMENTS WHICH WOULD AUTHORIZE AND DIRECT
INTERIM CITY MANAGER FRANK ROLLASON TO SIGN SAME IN ORDER TO
EXPEDITE THE PERSONNEL ACTIONS OF 50 EMPLOYEES SOME OF WHICH
HAVE NOT BEEN PAID.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Gort: And, the headquarters will be established in Allapattah.
Vice Chairman Teele: And the headquarters is in Allapattah.
Commissioner Plummer: Excuse me, there are 13 one -stop offices across Dade County. And
one of them... The biggest one is in the Center, on 62nd Street and 22nd Avenue.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
15. GRANT REQUEST FROM CAMILE MERILUS TO SUPPORT HAITIAN
INDEPENDENCE DAY PARADE WITH STIPULATIONS -- FURTHER
EMPOWER INTERIM CITY MANAGER TO WORK WITH SAID GROUP.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Mr. Manager, is there anything else you have before us?
Mr. Frank K. Rollason (City Manager): The other issues that we have on board...
Vice Chairman Teele: We have...
Mr. Rollason: ... that we were requested to bring.
Chairman Hernandez: Yeah, and we have got the resolution here.
Vice Chairman Teele: Policy.
Mr. Rollason: You have the fee waivers issue.
150 December 30, 1997
Vice Chairman Teele: The fee waiver policy.
Mr. Rollason: The fee waiver policy is there before you.
Chairman Hernandez: That's by the City Attorney's Office?
Mr. A. Quinn Jones, III (City Attorney): I am sorry, Mr. Chair.
Commissioner Plummer: Fee waivers.
Chairman Hernandez: Do you have the ...? Is that the City Attorney's Office?
Commissioner Plummer: For what?
Mr. Jones: No, this is the one dealing with the parades or whatever. You want it brought
back...?
Mr. Rollason: On those particular events that you wanted to...
Mr. Jones: The grant waivers.
Mr. Rollason: ... amend the policy so that we can go to the Oversight Board and have particular
events that you enumerated...
Commissioner Regalado: Who?
Mr. Rollason: ... to come back, that they would be incorporated into the policy and hopefully the
Oversight Board can approve that so that those events would become as an annual basis with
approval.
Commissioner Regalado: Why? Why these events?
Mr. Rollason: These were the events that we were given and the Commission stated to bring
back at the workshop.
Commissioner Plummer: Well, I don't think that's exactly what was said.
Commissioner Regalado: No. No, I didn't give any event at all. I don't know... Did we?
Commissioner Plummer: I think what we...
Chairman Hernandez: No, we...
Commissioner Plummer: ... really said was...
Mr. Jones: You mentioned several.
Commissioner Plummer: ... that we had to establish a policy...
Chairman Hernandez: Right.
Commissioner Plummer: ... and if we did establish a policy with "X" number of dollars that
could be taken to the Oversight Board strictly understood for festivals, OK. That's what I
understood we were doing.
151 December 30, 1997
Mr. Rollason: Well, there was a list...
Commissioner Plummer: That there was not anything...
Mr. Rollason: There was a list that was given out, I had marked those down.
Commissioner Plummer: The list we walked about.
Mr. Rollason: That's correct.
Commissioner Plummer: OK, because that was... As you recall, I asked the question, who
opens the door and who closes the door for how much to be given out to each one? And, that's
one of the problems, if you open this door to monies being given out to festivals, because I see
somewhere that it was recommended two hundred thousand dollars ($200,000).
Mr. Rollason: Yes, that was the amount that was discussed not to exceed that, but it was not
allotted by dollar amount to particular events.
Commissioner Plummer: Well, that's where you are also going to run into a barrel.
Commissioner Regalado: You see...
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: ... about six months ago, Mr. Chairman, Commissioner Gort and I, we
had to pay from our pockets a park that was rented to the City of Miami because the Commission
did not allow this fee waiver. The problem is, that on this list, I don't see the political prisoners,
they march on April the 5th, the Bay of Pigs celebration or commemoration on the 17th of April.
Griteria Nicaraguense... for the Nicaraguans, the Peruvians...
Commissioner Plummer: That's your problem.
Commissioner Regalado: ... parade.
Commissioner Plummer: The Caribbean festival...
Chairman Hernandez: The issue that...
Commissioner Plummer: ... the Colombian festival.
Chairman Hernandez: ... Commissioner Plummer talks about which is true, is really a policy
issue. We have to determine some kind of policy, take action and then, you know, the money
gets spread accordingly because there are so many events that are going to be coming before us,
so many groups, so...
Commissioner Plummer: Not if we establish a policy, OK.
Chairman Hernandez: Correct.
Commissioner Plummer: Let me tell you, the City of Hialeah sponsors one festival and it's their
festival. That's it. That has been the tradition out there for years, and you know what? Nobody
comes and asks for more because they know what the policy is, long standing. You know, I
think that what you have to do is... You know, I sit on the board of the TDC (Tourist
152 December 30, 1997
Development Council) and all of these people are applying to the TDC for those monies, and
that's legitimately where these monies should be coming from, and you know, they go here, they
go here, and they go here, and they got their hand out for everyone of them. And, you are going
to have right now, let me tell you, I got a phone call yesterday, the Orange Bowl Parade is in
serious jeopardy, serious. Now... Huh? It may or may not be their last year because they are in
serious jeopardy. And, you know, two hundred thousand wouldn't cover one block of that
parade. Now...
Chairman Hernandez: Well...
Commissioner Plummer: ... you want to establish a policy for "X" number of dollars, but I am
saying, you win, but you lose because you are going to have to dole that money out.
Chairman Hernandez: Regardless of policy that we set, the Oversight Board shot down, I think
it was eighty-five hundred dollars ($8,500) so...
Commissioner Plummer: Well, Mr. Chairman....
Chairman Hernandez: ... that's peanuts compared to what we are going to be asking for these
other events.
Commissioner Plummer: OK, Mr. Chairman, I spoke to the Chairman, or he spoke to me
because we were over there and he was in one hell of a position because he is the head of the
Oversight Board but also on the board of that... of Little Havana...
Chairman Hernandez: Little Havana.
Commissioner Plummer: ... OK. And, he said to me that yes, that they shot it down, but that if
the Commission would come up with a policy they would address the policy. That there was no
policy in existence, there were no monies allocated for and they had no alternative but to turn it
down for that reason. So, what? You know...
Commissioner Regalado: Does the policy have to be that all the organizers have to be non -for -
profit?
Commissioner Plummer: Huh? Huh?
Mr. Jones: Well, it's whatever you want to establish.
Commissioner Plummer: You can attach whatever you want to a policy, Commissioner. You
know...
Commissioner Regalado: Well, if you do, listen to me. If you do, you can't fund the Three
Kings Parade.
Commissioner Plummer: Well, you know, I think the Three Kings Parade is a nice parade and
it's probably bigger today than the Orange Bowl Parade. But, you know, I think it takes also a
lot of gall to say, City give us money and then if we want to ride a convertible each one of us,
with an ego trip, we have got to pay five hundred dollars ($500) for the convertible.
Chairman Hernandez: I think it's...
Commissioner Plummer: ... Now a thousand.
153 December 30, 1997
Commissioner Regalado: A thousand. A thousand.
Chairman Hernandez: I think it's a thousand dollars ($1,000)
Commissioner Plummer: I mean, that to me is hudspah (phonetic) first class.
Commissioner Regalado: No...
Chairman Hernandez: The problem is that they use that money to pay the fees. I think if, for
example, we would obviously waive the fees then they wouldn't be charging that kind of money.
But, then again...
Commissioner Plummer: Well, I ride... As I told you, I ride on the fire trucks.
Chairman Hernandez: Yeah.
Commissioner Plummer: So, I don't give a tinker's bahoot [phonetic], but...
Chairman Hernandez: ... that's what I have ridden in.
Commissioner Regalado: I... Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Regalado: I work on organizing that parade for several years, and in all honesty,
and I wish that somebody from Heftel Broadcasting will be here, because that's a money
making parade.
Chairman Hernandez: They have already paid twenty-three thousand in advance, they told me
last week,.
Commissioner Regalado: Yeah, yeah. It's fifteen thousand for every float that you want to ride.
Commissioner Plummer: Well, I think we should be about the business of helping the needy, not
the greedy.
Commissioner Regalado: So, I say, I don't, you know... It's a very good parade, but either we
include a longer list or we say only non-profit organizations.
Commissioner Plummer: Well, there is other things that you can do, and let me bring you the
experiences of TDC. Number one, you can set a maximum that no organization can get more
than "X". You can also set a policy that they only get a one year funded, they never get it again.
Or you can set it every year they get 20 percent less. There is a number of things that you can
put into a policy to address it, and that they cannot expend any of their funds until the City has
been reimbursed 100 percent of any profit that is made. These all follow the kind of parameters
that you can include.
Mr. Camile Merilus: Can I please address the Commission because...
Commissioner Plummer: I... You will have to ask the Chairman.
Mr. Merilus: ... Mr. Chairman, it's concerning our Independence Day, Haiti's Independence
Day? And, this is... Sir, we even have people coming all the way from Massachusetts to
participate in that activity. And, this is an activity that most people from our community are
154 December 30, 1997
ready to participate in a cultural and historical basis, given the fact that our ancestors fought for
to provide us that... January 1st, 1804, our independence and we would like to use it as a tool to
remind all Haitians about their culture, so we can pull them together and make them work
together. So, that means on a cultural and historical basis, it is a very, very important activity for
us. All we need is the Police or the in -kind services that we will be able to do. It's not money to
come to us, but for the Police to do the security in the streets. That's all we need from the
Commission, you see.
Commissioner Plummer: Yeah, they have a bad habit, they like to be paid. I don't know what
the answer is, I really... I don't know.
Chairman Hernandez: Well, sir, I don't want you to leave here with false hopes. Let me tell you
what's going to happen. Let's say we approve here to help you out and waive the fees, the
Oversight Board, I would almost tell you 100 percent will shoot down our waiver of the fees,
you are going to get stuck with the bill. We might get stuck with the bill because the event has
already gone by, the Police was there and you are not going to have the funds to pay us. We
don't want to go after your organization, we don't want to sue you. The bottom line is, we have
to set policy. They are going to have to entertain that policy and then from there we move on.
They, last two weeks ago, did not approve eighty-five hundred dollars ($8,500) waiver of fees.
So, it's just...
Commissioner Plummer: And, their event is Thursday.
Chairman Hernandez: Yes. It's impossible for them...
Mr. Merilus: There is no way that we can get you, even if we wanted, as the Chairman said,
there is no way we can give you any guarantee that what we do here will be approved. As a
matter of fact, history would say, it will not be approved.
Vice Chairman Teele: Let me...
Chairman Hernandez: How much money are we talking about?
Vice Chairman Teele: How much money are we talking about?
Mr. Rollason: I...
Vice Chairman Teele: This grant was up at thirty, forty thousand, it's down now to what
number?
Mr. Merilus: No, it's six... I think that's six thousand, something like that dollars for the Police.
Mr. Rollason: Let me tell you what I have been handed here by Community - excuse me -
Community Development. We are looking at twelve thousand one hundred and thirty-two
dollars and sixty cents ($12,132.60) which is Police, Fire Rescue, Solid Waste, Parks and
Recreation. There is also an additional request for a fireworks event on January 4th which
amounts to another three thousand dollars ($3,000). So, you are looking at, the total package is
fifteen thousand.
Mr. Merilus: OK. OK, that second one, we can drop it. You can just consider the January 1st
one.
Mr. Rollason: OK, so you are at twelve thousand one thirty-two sixty
155 December 30, 1997
Mr. Merilus: It's like six thousand, something like that for the Police.
Mr. Rollason: That's the Police. Six thousand six thirty-six.
Mr. Merilus: Yeah.
Mr. Rollason: But, there is also Fire Rescue is four hundred and fifty, Solid Waste is three
hundred and eight dollars and fifty cents ($308.50) and Parks and Recreation is four thousand
seven thirty-eight ten.
Vice Chairman Teele: Four thousand for Parks and Rec.?
Commissioner Plummer: For Park?
Mr. Rollason: That is what's put here before me. And, let's see if I have got backup that tells
me what that amounts to.
Commissioner Regalado: That's too much. That's too much. We....
Commissioner Plummer: Well, the bottom line is, you can go through all of these numbers but
we can't give any guarantees.
Commissioner Gort: It's a four day event.
Mr. Rollason: It's a four day event, and...
Commissioner Plummer: It's a four day event?
Mr. Rollason: Right.
Unidentified Speaker: It's four days.
Mr. Rollason: January 1st to the 4th.
Commissioner Plummer: Oh...
Mr. Rollason: Park user fee, tax on the park use fee. Concession fee, tax, cleanup, events staff.
I mean, it's four thousand seven thirty-eight ten. There is a budget breakdown right here.
Commissioner Plummer: A thousand dollars a day. It's a thousand dollars ($1,000) a day, that's
not much money.
Mr. Merilus: Commissioner, what about if you allow the parade on the 1st to take place because
that's the most important thing for us?
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Hernandez: Go ahead, Commissioner Regalado.
Commissioner Regalado: Why don't...? This is on Thursday. And, this is a non-profit
community oriented group. Why don't we send to the Oversight Board only this issue, only this
parade?
Commissioner Plummer: Because you have no guarantee they will approve it.
156 December 30, 1997
Mr. Merilus: Yes.
Chairman Hernandez: Let... that...
Commissioner Regalado: There is no guarantee but...
Mr. Merilus: Yes.
Commissioner Plummer: Yeah, but, then they are out twelve thousand dollars ($12,000) and
they are going to come begging in here saying we did this on your motion.
Commissioner Regalado: Then we will just do a public drive using NET 9, saying, you know,
the City needs to defray the cost of the Haitian celebration...
Mr. Merilus: Yes. We put...
Commissioner Regalado: ... and we will put it on the... And, we will get the nations.
Mr. Merilus: Yes.
Commissioner Regalado: We will get sponsors if we don't do this. But, what I am saying is,
that this is on Thursday. I'll say to you that I can't vote for this list because I am going to be
contacted by the political prisoners who will want the same thing and the Nicaraguan
organization will want the same, the Peruvians and so on, and so on, and so, so I cannot tell them
that we approve some and others were not approved. So, I cannot vote for this.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: The dilemma that we have is this. Number one, we cannot approve
anything if we don't have a policy. They have told us that when we send any request up there
it's automatically disapproved unless there is a policy. Therefore, the Manager sort to put
together a policy based upon some discussion. I am in total agreement with Commissioner
Regalado that the policy is probably not expansive enough and inclusive enough and therefore at
this point, we can't have a policy. The question is, what are these costs. Six thousand dollars
($6,000) for Police.
Mr. Rollason: That's correct. It's a holiday and that is...
Vice Chairman Teele: Where is the location and where would the Police be deployed?
Mr. Merilus: We go from the Notre Dame Church to 59th Street, it's just three... for the parade.
We... because we had a long route, we reduced it to the strict minimum and we got that type of
budget anyway for it. So, we... The reason why we reduced it, we just want to have the parade
to take place.
Vice Chairman Teele: OK, and, where would you wind up being? Where is this? Where will
the Independence activity be?
Mr. Rollason: Lummus City Park.
Mr. Merilus: By Lummus City Park, by the school. [phonetic]
157 December 30, 1997
Vice Chairman Teele: And,. it's going to cost four thousand dollars ($4,000).
Mr. Rollason: Well, again, this is a four day event, so we are looking at the rentals for each day.
In other words the park use fees, eight hundred and fifty-two dollars ($852) a day; the concession
fees, seven hundred and eighty dollars ($780) tax on the concession fees...
Vice Chairman Teele: Suppose...
Mr. Merilus: Because at this...
Mr. Rollason: It's a social event. If Terry could get up here and speak to the... And, if you start
breaking this out and just... It's what it comes to.
Vice Chairman Teele: Mr. Manager, what is the protocol and what are implications if another
jurisdiction, let's say hypothetical, the City of Opa Locka were to provide the Police services for
this, is that...?
Mr. Rollason: The Police Chief will have to speak to whether they have the authority to come in
and have Police powers within the jurisdiction.
Vice Chairman Teele: Well, I'm... That's what I am asking. What's the protocol?
Mr. Rollason: I don't... I don't know that. You know, the Police Chief can certainly speak to
that.
Mr. Jones: You may have a problem with the union.
Mr. Rollason: I mean, I know there is questions when you cross lines, jurisdictional lines as far
as pursuit, but I have known something of this sort.
Mr. Merilus: Yeah, because if we can just have that period taking place, and we will be just fine.
Police Chief Warshaw: Commissioner, it would not be unusual for police officers from other
municipalities to volunteer to work events in other cities as our police officers have done and
others have done. But, in terms of hiring them and then facing the liability and of course, in the
event that something were to happen, you know, we...
Vice Chairman Teele: If the Mayor and the Commission in Opa Locka were to agree to arrange
for Police to come and staff this event, would your office...? Would it violate any protocols, if
they are sworn police officers and would your office cooperate to facilitate that activity?
Police Chief Warshaw: If they will staff it on a voluntary basis?
Vice Chairman Teele: Well, I don't know if they volunteer or if the City pays them or
whatever? I mean...
Police Chief Warshaw: Well, I guess what I am saying is, the forty-four hundred dollars
($4,400) or the forty-six hundred dollars ($4,600) for day one, the total of sixty-six hundred is
based upon a contingent of police officers made of a lieutenant, a couple of sergeants, 14 or 16
officers, and basically figured out that that's how much it would cost to staff the event. We are
talking about closing City streets. So, if you were to bring Opa Locka police officers into street
situations in Miami, I think we would incur a liability issue as opposed to putting them in a park
setting, which has been done in the past on a voluntary basis, just as we have had officers even
working inside the Orange Bowl who have come from other municipalities and...
158 December 30, 1997
Commissioner Plummer: You have Florida Highway Patrolmen all the time.
Police Chief Warshaw: FHP (Florida Highway Patrol). Exactly.
Commissioner Plummer: You got Sweetwater policemen running police escorts on motorcycles
we gave to them.
Police Chief Warshaw: The problem also, I might add, is because it's January 1st and it's this
week and there are a large number of events there is a very short time frame even if we had the
officers, and we don't right now. Because of New Year's eve, the parade, we have a big
contingency of police officers working throughout the entire New Years weekend.
Commissioner Plummer: You know, I... It's tough to say, but we have got to say to this man,
sir, we are sorry, we can't help you. We are going around here in circles, but you know, the one
thing that we have got to be is honest.
Commissioner Regalado: Well, but J.L. why we don't try on this case? Why we don't make a
commitment that if we don't get the approval for this and this only event, we can go out in public
and ask for donations? And, we have done that in the past. Remember when we setup the fund
that we ask for donations and your friend from Anthony Abraham gave one thousand dollars
($1,000) to that fund to help the people...?
Commissioner Plummer: I understand, but you are opening the door.
Commissioner Regalado: We are...
Commissioner Plummer: You are setting a precedent, and that's my fear. Hey, if we had the
money and we could do it, we have done it before, OK? The idea is, when you say "yes," to this,
how are you in God's name going to say "no" to the others.
Vice Chairman Teele: Well.
Commissioner Plummer: And, I don't want to be put in that position.
Vice Chairman Teele: How...? What's the minimum amount of dollars necessary to do this?
Chairman Hernandez: Six thousand dollars ($6,000).
Commissioner Gort: Six thousand.
Commissioner Plummer: Six thousand.
Mr. Rollason: Well, six thousand is Police.
Commissioner Plummer: No, six thousand is just for the Police.
Mr. Rollason: Is Police. And, I also wanted to state that...
Commissioner Plummer: It's twelve thousand...
Mr. Merilus: Six...
Mr. Rollason: ... there are fees that are required that are replaced that... When we say, what's
the minimum, it's not like we can say, well, there are some different fee for the park because
159 December 30, 1997
there isn't a fee for the park. I mean, that's all the issue that we are talking about, these are the
fees. [phonetic]
Vice Chairman Teele: And, LEA (Law Enforcement Authority) LEA, doesn't have it all
under...?
Mr. Merilus: The six thousand is for two days. So, now, we want to eliminate the 4th of...
January 4th, and then we just want to work on the January 1st for the parade, for the parade.
And...
Vice Chairman Teele: I mean, we don't have LEA funds available for the cost of the park?
Mr. Jones: It's not a Law Enforcement purpose.
Vice Chairman Teele: That's not an eligible expenditure?
Commissioner Plummer: No.
Vice Chairman Teele: If it's not, I don't want to do it, trust me.
Chairman Hernandez: It's not available.
Commissioner Plummer: Ask the City Manager, the City Attorney, is that a legitimate?
Police Chief Warshaw: And, I'm not...
Vice Chairman Teele: Under the Florida Law, the Police Chief is...
Mr. Jones: Not, it's not.
Police Chief Warshaw: Well, let me just... I haven't even seen the proposal in terms of the
event and it's benefit to the community. I mean, we are talking strictly right now about security
officers. So, I really don't know enough about...
Commissioner Plummer: Excuse me. But, answer the question, Mr. City Attorney.
Mr. Jones: But, if it's not a law enforcement related purpose, then no, it's not a proper
expenditure.
Chairman Hernandez: Listen, we have a regular Commission meeting on the 13th of January,
let's... We don't have to come up with some policy right from the hip. I think we should just
bring it up on... Put it on the agenda, Mr. Manager, for the 13th so we can create some...
Mr. Rollason: And, to discuss...
Chairman Hernandez: ... solid policy so we can take before the Oversight Board and see if we
can convince them to give us some leeway on monies so that we can help organizations like his.
Right now, I am telling you, sir, it will be sending you in the wrong direction. You are going to
leave here thinking...
Commissioner Plummer: Less than the truth.
Chairman Hernandez: ... we have approved something and they are not going to approve it,
believe me. And, Thursday is your event, right?
160 December 30, 1997
Mr. Merilus: Yes.
Commissioner Plummer: Four days, starting Thursday.
Chairman Hernandez: Is there anyone here on this Commission that wants to do something
other than that?
Vice Chairman Teele: I want to do something.
Chairman Hernandez: OK, go ahead.
Vice Chairman Teele: I don't know what to do.
Commissioner Plummer: Oh, well...
Chairman Hernandez: I know that's...
Commissioner Plummer: Big hearted Benny here... [phonetic]
Chairman Hernandez: I am telling you what just happened.
Mr. Merilus: So...
Chairman Hernandez: I am going to put you in the same position. We approved...
Mr. Merilus: Yes.
Chairman Hernandez: ... an event for eighty-five hundred dollars ($8,500), OK.
Mr. Merilus: Yeah.
Chairman Hernandez: The Oversight Board shot it down. They were able to raise the money
privately by one of the sponsors, OK, who had an exclusive sponsorship. Now, if you don't have
that, if you don't have the means to raise how much money we need, what's going to happen is,
without a doubt they are going to shoot it down. Now, you are going to be out of that money.
The City is going to be out of that money and somebody has got to come up with the money.
Now, do you have an answer to that? Does anybody...?
Mr. Merilus: My answer is that I go to the radio to my community almost every day. I will
volunteer myself to help raising the money, if such is the case, because this event, Mr. Chairman,
I personally want to use it. I am one of the ones who come up with the idea of commemorating
the anniversary of the Independence of Haiti because I want to pull the Haitian community
together, and these people are coming from Boston. There is a TV crew, they say that they have
been sponsored by some organization from Boston when they heard the idea. They want to
come to Miami and see how it works, so that's why we call upon the Haitians. We want them to
unite, so that's why we come up with the idea because our ancestors gathered together to fight
the Napoleon army and provide us our independence. So...
Chairman Hernandez: Sir, let me tell you this. If we would not have had the prior experience
that we had the misfortune, and unfortunately we had a couple of weeks ago, I would be willing
to pass the gavel to Vice Chairman Teele and make a motion to go ahead and approve this. I
know you are going to get stuck with this bill. The City is going to get stuck with the bill and we
are not going to be able to raise this money. Unless there is a motion on the floor, unless
someone can come up something creative...
161 December 30, 1997
Commissioner Plummer: A motion to say what? What are we going to say in a motion, Good
luck?
Chairman Hernandez: Well, then I guess if there is nothing on the floor, then all we can tell you
is, we can't help you. That's the bottom line.
Vice Chairman Teele: Mr. Chairman, the gentleman, Mr. Camile...
Mr. Merilus: Camile Merilus.
Vice Chairman Teele: ... indicated that he is willing to raise the money, is that right?
Mr. Merilus: Yes.
Commissioner Plummer: Well, then what are we here for?
Vice Chairman Teele: Well, how much are we talking about? What's the total, Mr. Manager?
Mr. Merilus: First of all, we are going to eliminate...
Vice Chairman Teele: No, hold, hold. Excuse me, sir.
Mr. Merilus: I am sorry.
Vice Chairman Teele: What's..."
Mr. Rollason: The total as presented without the fireworks is twelve thousand one hundred and
thirty-two dollars and sixty cents ($12,132.60).
Mr. Merilus: For the park, we are supposed to be in the park from ten to five. We are going to
ask the Parks Department tomorrow to reduce that. That means this one will be cut almost
totally.
Commissioner Plummer: Excuse me, are we listening?
Mr. Merilus: Yeah.
Commissioner Plummer: The Police Chief has told you...
Mr. Merilus: Yes.
Commissioner Plummer: ... even if they have the money, he does not have the personnel. Did
you not say that?
Mr. Merilus: This is not what he...
Police Chief Warshaw: What I am saying, Commissioner, is it's December, December the 30th,
right now. Tomorrow night we have just about every police officer in the City working between
the parade and staffing and then we are going to be using some additional overtime to staff -up
between 10:00 p.m. and 2:00 a.m. Citywide. So, we basically have a commitment of the entire
Police Department tomorrow into New Year's Day. And, if on this late date, this was approved
or the gentleman had the money, we would make our best effort, first thing tomorrow morning to
post a notice in the off -duty employment office and see how many officers we could get to sign
162 December 30, 1997
up, but it's basically a voluntary off -duty job. It's not something we can draft for. So, we will
do our best to get as many officers as we can if they are available and if they can get paid
because it's a voluntary thing.
Vice Chairman Teele: Mr. Chairman.
Mr. Rollason: And then, I think also needs to be pointed out is that the payment is up -front. Is
that the policy that the City operates under, that...?
Police Chief Warshaw: Yes.
Chairman Hernandez: Yes, because of our past experiences.
Commissioner Plummer: Absolutely.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I would like very much to commit half of the money to be raised that I
will basically, if it's not raised, I will deduct it from my office budget.
Chairman Hernandez: You can't do that.
Vice Chairman Teele: Why not?
Mr. Jones: You can't do that.
Commissioner Plummer: Can't do it. We have tried it before.
Chairman Hernandez: I tried that last year and they won't let me.
Commissioner Plummer: Can't do it.
Chairman Hernandez: It's not allowed.
Vice Chairman Teele: They won't let me...?
Chairman Hernandez: No. I...
Unidentified Speaker: We will use some of mine.
Commissioner Plummer: No.
Mr. Merilus: I think we can provide some money tomorrow, to the Chief. But, it's not that
much that we have, we can work that out with the Chief, if the Chief is willing to help us.
Chairman Hernandez: We are all willing to help you, believe me, sir.
Vice Chairman Teele: I move that we authorize the Manager, specifically the Chief and the
Parks Department to be prepared to support this activity upon the payment of funds sufficient to
cause... to fund the event, and that they be given the time to do it, and I will commit to raise two
thousand, three thousand dollars ($3,000) for you. So, that's as far as I can go, to have the Chief
and the Department, the Parks Department stand by, able to move forward, if you get... if you
get the money and I get my portion of the money and I'll raise my portion of the money tonight
and tomorrow morning and try to get it down there. But, if you don't have the full amount, it
can't go forward and I want my money back if it doesn't go forward.
163 December 30, 1997
Mr. Rollason: And, I think also, we might be able to do some negotiations on scaling this thing
down even some more.
Vice Chairman Teele: Yeah.
Mr. Rollason: ... and, maybe we can come up with an event that we can fund to...
Vice Chairman Teele: Included in the motion would be the power for the Manager to work with
them to scale it down so that it's... But, it's fully funded in advance of the event.
Chairman Hernandez: We have...
Mr. Merilus: Thank you, very much, Mr. Chairman.
Vice Chairman Teele: Well, wait, wait. Hold it, now.
Chairman Hernandez: We have a motion on the floor by Vice Chairman Teele. Do we have a
second?
Commissioner Gort: Second.
Commissioner Regalado: Second.
Chairman Hernandez: We have a second by Commissioner Gort. All those in favor say "aye."
Commissioner Plummer: Wait, wait, the Chief wants to say something here.
Chairman Hernandez: Discussion. Chief.
Police Chief Warshaw: I just want to add one thing, and to the best of my knowledge barricades
have not been ordered. If we are talking about closing down streets, I mean, this is an event that
requires, you know, some logistical things that have to happen. And, I... In the Police
Department we don't have... the City doesn't have, you know, barricades and I don't know if
these things have been done. I just want to make you aware that it's a process.
Vice Chairman Teele: Included in my motion will be the provision of in -kind services that must
be agreed to in advance before this is done.
Police Chief Warshaw: OK. I mean, we will help you.
Commissioner Plummer: But, wait a minute, the in -kind is not the barricades. The in -kind are...
The barricades are from an outside source.
Vice Chairman Teele: Yeah, but suppose the outside source provides it in -kind.
Commissioner Gort: Provides it in -kind.
Commissioner Plummer: Oh, Oh.
Commissioner Gort: Yeah.
Vice Chairman Teele: Suppose I can go to Bob's Barricades or whoever Bob is..
164 December 30, 1997
Commissioner Plummer: Don't hold your breath.
Mr. Davis C. Brown: For example, the people that we are getting the tents from they have given
us part of their services in -kind.
Chairman Hernandez: We have a motion on the floor, we have a second. All those in favor, say
'
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-937
A MOTION GRANTING REQUEST FROM CAMILE MERILUS, AUTHORIZING
THE INTERIM CITY MANAGER TO BE PREPARED TO SUPPORT THE HAITIAN
INDEPENDENCE PARADE IN THE EVEN THAT 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.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Mr. Merilus: Thank you, very much, Mr. Chairman, Vice Chairman, Mr. Chairman,
Commissioner Gort, Commissioner Plummer, Commissioner Regalado. Thank you, all of you.
Commissioner Hernandez...
Chairman Hernandez: Thank you, very much.
Mr. Merilus:... thank you, very much.
Chairman Hernandez: You... Commissioners, you have an emergency ordinance that I have
been...
Ms. Marie Yolaine Serdilus: A special thanks, too, to Commissioner Teele.
Chairman Hernandez: Thank you, very much.
Vice Chairman Teele: Well, I don't know, we have got to go raise money. I mean, this is...
Chairman Hernandez: Yeah.
165 December 30, 1997
----------------------------------------------------------------------------------------------------------
16. EMERGENCY ORDINANCE: AMEND SECTION 2-884 OF CODE -- SET
FORTH PROVISION THAT EMPLOYEES OF OTHER GOVERNMENT
AGENCIES SHALL NOT SERVE ON CITY BOARDS -- BRIEFLY DISCUSS
STATUS OF APPOINTMENTS TO CITY BOARDS.
Chairman Hernandez: You have an emergency ordinance in front of you that I will take part of
the credit for. I remember a couple of months ago, almost six months ago, Commissioner
Regalado was discussing this and he came out verbally speaking of it, but we never did anything
about it and I have been working on it, the emergency ordinance which basically states that no
employee of any other municipality other than the City of Miami or Miami -Dade County can
serve on or be appointed to any board or committee of the City of Miami. Does everyone have it
before you?
Commissioner Plummer: I do.
Chairman Hernandez: OK, I have looked at the County ordinance and I have looked at the other
City ordinance.
Commissioner Plummer: That, that...
Chairman Hernandez: What was left out... There is something that I want to add to this Quinn
to make it clear...
Mr. A. Quinn Jones, III, Esq. (City Attorney): In the title?
Chairman Hernandez: ... is that there are cases... This does not apply to City employees which
would be mandated to sit on any committee appointed by the Commission.
Commissioner Plummer: City boards.
Mr. Jones: You want to include that in the title or the body?
Chairman Hernandez: OK, only municipalities other than the City of Miami and Dade County.
Mr. Jones: OK, let's see.
Commissioner Plummer: Absolutely. You are covered.
Chairman Hernandez: I am passing the gavel to Vice Chairman Teele.
Vice Chairman Teele: It's moved by the Chairman, Chairman Hernandez and seconded by the
Vice Chair. Is there discussion on the emergency ordinance?
Mr. Tom Gabriel: Mr. Vice Chair.
Vice Chairman Teele: Yes, sir.
Mr. Gabriel: Just a clarification and correct me if I am wrong. In the Pension Board for the City
of Miami, there are outsiders that can serve for the employees, as their employee representations.
166 December 30, 1997
Are you saying that no outside employee who is, let's say, a Hialeah firefighter who is a pension
expert will not be able to sit on our Pension Board?
Chairman Hernandez: That's correct.
Mr. Gabriel: And, can I just ask for the reasoning behind that, is there a conflict?
Chairman Hernandez: Potential conflict of interest. That's what it's all about.
Mr. Gabriel: Well, for the record, we are opposing this because I think you limit some of the
expertise that might be out there in municipalities.
Chairman Hernandez: OK.
Vice Chairman Teele: May I inquire? Do you have...? Do you know that there are employees
of other cities serving on the Pension Board?
Mr. Gabriel: There are none currently that I know of that work for another City.
Chairman Hernandez: Yeah.
Vice Chairman Teele: All right, so right there is not a conflict?
Mr. Gabriel: Correct.
Vice Chairman Teele: OK.
Commissioner Regalado: Can I...?
Vice Chairman Teele: Further discussion.
Commissioner Regalado: Yeah.
Commissioner Plummer: Well, I would sure hope that we have qualified people in our City to
serve on those boards. Because, let me tell you something, when I served on those Pension
Boards, we had some fine, fine, intelligent people from both Police and Fire who served on those
boards who did an excellent job.
Mr. Gabriel: That's... Mr. Commissioner, I am only talking about those that are not City
employees. We have... Obviously, we have had a very good success with City employees and
our Pension Board and I just didn't want to limit if there was a Hialeah firefighter that we
wanted to appoint as the third or fourth representative, I didn't want to limit that. There maybe
different reasons the Chair has for that, that's fine, we will find somebody else.
Commissioner Plummer: We will cancel his VISA.
Vice Chairman Teele: On the question, Mr. Chairman, may I just inquire? Now, the City of
Miami Beach recently passed an ordinance that's very similar that related to lobbyists. You
don't... Lobbyists are not included in this, am I right?
Chairman Hernandez: They are not included because we have... I gave you a copy of our
ordinance.
Vice Chairman Teele: It's contracts, so...
167 December 30, 1997
Mr. A. Quinn Jones, III, Esq. (City Attorney): That...
Chairman Hernandez: Mr. City Attorney, if you can...?
Mr. Jones: I am not sure. I think that one... I don't think that's the most recent one. I think
that's the one that's codified. But, I don't think that's the most recent one.
Vice Chairman Teele: It's not included at this time.
Commissioner Gort: Right.
Chairman Hernandez: Correct.
Vice Chairman Teele: OK. And, I would just like to say that the City of Miami Beach
ordinance, I think has gained a lot of acceptance, and I would like for the City Attorney to look
at including it in a subsequent... On the 13th, and as a part of that meeting, if it is applicable. I
think you could have a problem with something like the DDA (Downtown Development
Authority) where you really do have people that have business interests...
Chairman Hernandez: Right.
Vice Chairman Teele: ... and we want them, or some other places. But, I think the basic
principle of eliminating power broker and using boards...
Chairman Hernandez: Definitely.
Vice Chairman Teele: ... is something that I want to be associated with. On the question, is
there...?
Mr. Jones: Well, before you call a question, Mister... Vice Chair. Just a point of clarification,
Mr. Chair, because I think it would meet your concern if I just add "other than City of Miami
employees."
Chairman Hernandez: Correct.
Mr. Jones: OK?
Chairman Hernandez: Correct. And, Art, I would amend my ordinance at this point in time, if
it's applicable, might as well put it in, and you can come back to us and inform us so we don't
have to come and read it again.
Vice Chairman Teele: Well, I would certainly amend it.
Chairman Hernandez: OK. I would like to amend my motion to include lobbyists in the form,
and I guess, so you don't recreate the wheel just look at the Miami Beach ordinance.
Commissioner Plummer: Well.
Vice Chairman Teele: That would be paid lobbyists.
Chairman Hernandez: Paid lobbyists.
Commissioner Plummer: All right, but...
168 December 30, 1997
Vice Chairman Teele: Not people representing themselves or their...
Commissioner Plummer: Yeah, but let's... Let's talk about that one now.
Vice Chairman Teele: Let's withdraw it, and...
Chairman Hernandez: Let's do the emergency ordinance as is.
Commissioner Plummer: Yeah, because a lobbyist can serve many masters. And, if they work,
for example for the County that means they couldn't work for us? I think we could...
Vice Chairman Teele: Now, if it's a lobbyist before the City. It would be strictly the City. But,
I think we ought to look at the Miami Beach ordinance.
Chairman Hernandez: Right.
Vice Chairman Teele: Everybody is saying that it's a good ordinance.
Commissioner Plummer: Let's...
Chairman Hernandez: Let's leave it like this.
Commissioner Plummer: Let's leave it. I agree.
Vice Chairman Teele: And, let's just leave it like this. On the question.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Teele: On the question. Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2-884 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE
PROVISION THAT AN EMPLOYEE OF MIAMI-DADE COUNTY, FLORIDA,
OR ANY MUNICIPALITY THEREIN OTHER THAN CITY OF MIAMI,
FLORIDA, OR ANY MUNICIPALITY THEREIN OTHER THAN CITY OF
MIAMI 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.
169 December 30, 1997
was introduced by Chairman Hernandez and seconded by Vice Chairman Teele, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Chairman Hernandez and seconded by Vice
Chairman Teele, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11581.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Now, let me make sure that I understand. With the exception of the
Statutory Boards, all other boards are up for total, total replacement?
Chairman Hernandez: Correct.
Commissioner Plummer: Am I correct.
Chairman Hernandez: On January 13th.
Commissioner Plummer: And, we are doing that on the 13th of January?
Chairman Hernandez: Correct.
170 December 30, 1997
----------------------------------------------------------------------------------------------------------------
17. APPOINT ARTHUR E. TEELE, JR. AS MEMBER AND CHAIRPERSON OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY -- BRIEF
DISCUSSION CONCERNING PROBLEMS PRESENTLY EXISTING WITHIN
MSEA -- REQUEST CHAIRMAN HERNANDEZ TO WORK WITH
COMMISSIONER PLUMMER AND GORT TO CALL A MEETING AND
NOTICE SAME, REGARDING WHAT THE COMMISSION WANTS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: What about... There was one that was in question, the Sports
Authority that we may or may not double the size on.
Commissioner Gort: We did approve that.
Commissioner Plummer: Has that been even addressed?
Vice Chairman Teele: Well, it has not. And, I must say, Mr. Chairman, I would really
appreciate... This Commission voted, approved naming Mayor Suarez, as a member of the board
which effectively precluded me from having an appointment. I didn't object, although I have
caught a lot of criticism in the community for me not representing my constituents. Right now,
there is four people, and I am asking the Chairman to, please provide a way for me to either
make an appointment or be an appointment because I feel that it's fundamentally unfair for my
district not to be represented.
Chairman Hernandez: Would it be a lot easier, and I never wanted to put you in that
predicament and then put the board in this predicament. Could I, and I ask this to the Clerk and
the City Attorney, my appointment at the time was an African -American?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Uh-huh.
Vice Chairman Teele: He's off?
Chairman Hernandez: He's off.
Mr. Jones: Yeah.
Chairman Hernandez: But, my question is, is there a meeting coming up before January 13th?
Commissioner Plummer: Yes.
Commissioner Regalado: The sixth.
Vice Chairman Teele: There is a meeting, emergency meeting scheduled for the sixth, and I
would very much like to be there, Mr. Chairman.
Commissioner Plummer: You mean at the meeting, or your appointment?
Mr. Jones: You are saying, being appointed to the board as a board member, right?
Vice Chairman Teele: Some member of this Commission has to be appointed to the board,
under the ordinance.
171 December 30, 1997
Chairman Hernandez: From what I have heard is, the appointment of Mayor Suarez as
Chairman of that board is not valid.
Mr. Jones: Well, no. What... Well, they're two issues. Yeah, because of that meeting, but
remember that you appointed the Mayor as Chairperson to take effect when you constitute or
reconstitute the organization of the board. But, yes. To answer your question, yes, the person
that he did appoint was invalid because he didn't have the authority to appoint that person at the
point in time.
Commissioner Regalado: Mr. Chairman, can we then appoint or name Vice Chairman Teele to
chair the next meeting, the sixth, since the Mayor cannot act?
Mr. Jones: Yes, you... Yes, it would be proper for you if you wish to.
Commissioner Regalado: I will move so.
Chairman Hernandez: Now, the question, just a point of clarification because I read your legal
opinion.
Mr. Jones: Yeah.
Chairman Hernandez: You are telling me that the Mayor cannot be the Chairman of this
Emergency Commission?
Mr. Jones: Yes, because two things.
Vice Chairman Teele: Read the ordinance.
Mr. Jones: Under the previous form of government, under the previous form of government,
technically he would have been the chairperson. But, because now, you are in a different form
of government, he's out. Only... You only got five Commissioners on there. So, it would be...
He can't serve as chairperson at this point in time, until you reconstitute the board as you have
indicated that you want to do, then he will chairperson as you have appointed him to do.
Chairman Hernandez: After we do the reorganization.
Mr. Jones: That's correct.
Commissioner Regalado: Mr. Chairman, I move then to appoint Vice Chairman Teele as
Chairman until...
Vice Chairman Teele: Until it's reconstituted.
Commissioner Regalado: ... it's reconstituted.
Chairman Hernandez: Right, which is going to be January 13th. There is a motion by Vice...
There is a motion by Commissioner Regalado, seconded by Commissioner Gort. All those in
favor say "aye."
The Commission (Collectively): Aye.
172 December 30, 1997
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 97-938
A MOTION APPOINTING VICE CHAIRMAN TEELE AS A MEMBER AND
CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY UNTIL
SUCH TIME THAT ACTION IS TAKEN BY THE COMMISSION TO
RECONSTITUTE SAID BOARD.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: . None.
Vice Chairman Teele: Mr. Chairman, let me just say this, we need to slow down what the
Mayor is doing on some of this stuff. The Mayor, this whole process over there at MSEA
(Miami Sports and Exhibition Authority) is a part of this consent decree as well. And, they went
in and hired people, fired people. They have hired people with no budget authority, you know,
and right now we have got a real mess over there. And, it's going to be our mess. And, all that I
am saying is, that I would really hope, that before an ordinance is crafted and I will yield to the
Chairman, that somebody from the Budget office and Auditing Management go over there and
look at the mess that we have created in the last 30 days. You have got people over there that
have been hired, believing they make seventy thousand, eighty thousand dollars ($80,000) a
year. The budget that was approved for the Executive Director is like thirty thousand dollars
($30,000). And, you tell me we don't need a Legislative Budget Officer, because we are
creating a holy mess around this place. In addition, you have got all sorts of other issues, you
have got an RFP (Request for Proposals) out on the street. The Mayor proposed to cancel it.
The attorneys, they rightfully rule that you can't cancel an RFP until it closes. And, I just think
that, Mr. Chairman, before we start rubber stamping stuff, that on the MSEA board, that when
you propose a legislation, that it will be well thought out based upon the fact situation that's over
there. Because, there is no reason for us to start creating new pockets of mess they way we have
gotten with the Manager's office and all of that.
Commissioner Plummer: Let me make a reminder. MSEA board only has a budget of one
hundred and fifty thousand dollars ($150,000) for the entire year.
Vice Chairman Teele: Well, let me tell you this. I understand that the accountant for MSEA
wrote a check at the direction of the Executive Director that was named by the Mayor, for well
over the amount that would be ever authorized and this has all happened within the last two
week
Commissioner Plummer: Ask that it be returned.
Vice Chairman Teele: Well, look...
173 December 30, 1997
Commissioner Plummer: If it's illegal and it was not proper, then whoever did it, should return
it.
Vice Chairman Teele: I understand that the check was put on hold by several members of the
board. But, I am just telling you, we don't need to continue to create this. And, we... I would
hope that the Chairman who has taken the lead on behalf of the Mayor, would really give some
careful thought to what we are doing and what the mission of MSEA is, and the role of MSEA,
because MSEA is a very important...
Commissioner Plummer: I don't think we have any money left.
Vice Chairman Teele: ... a very important instrumentality, if we really ever going to get serious
about promoting tourism and exhibition...
Commissioner Plummer: How can they do that?
Vice Chairman Teele: ... and all of that. And, it's much more than who is going to, you know,
entertain people for the Miami Heat games. And, it... Now that the Heat will be moving across
the street, it's a very good opportunity for MSEA to get focussed. And, I would only request
respectfully, Mr. Chairman, that you work with Commissioner Plummer and Gort and the others
that have been here in the Sunshine, through the Sunshine Law process, to call a meeting and
notice it, to really try to understand what it is we want MSEA to be. Because, just more than this
organizational chaos, we have got to slow that down now.
Commissioner Plummer: Well, and I really don't know that you need to increase that board,
OK? I mean, you have got a City Commission that operates with five people. We have 3,000
employees, a three hundred million dollar ($300,000,000) budget, and we, there is five of us that
are in fact, the governing body. Now, I would like to know, why the governing body of the
Arena or MSEA has to be more than five. Hello?
Vice Chairman Teele: But, see, I think that's what the Chairman is going... The Chairman...
Chairman Hernandez: Right.
Vice Chairman Teele: ... is going to propose legislation.
Commissioner Plummer: I am asking the question.
Chairman Hernandez: Legislation is going to be brought before you on the 13th...
Commissioner Gort: On the 13th.
Chairman Hernandez: ... of January. And, if you want, we can have a special Commission
meeting tomorrow about 10 o'clock at night.
Commissioner Plummer: Yeah, that will be fine. As long as you start at seven in the morning.
Chairman Hernandez: All right. We will discuss it.
Commissioner Gort: Before you... I passed a memo to you all, I have some people that are
going to be calling your office. You all asked me to do a job...
Chairman Hernandez: Yes.
174 December 30, 1997
Vice Chairman Teele: Yeah.
Commissioner Gort: ... and please...
Chairman Hernandez: I am going to be called.
Commissioner Gort: ... give the appointment. Thank you.
Chairman Hernandez: All right.
----------------------------------------------------------------------------------------------------------
18. DISCUSSION REGARDING COMMISSION'S RESOLVE TO MAINTAIN
ORANGE BOWL PARADE ALIVE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: Mr. Chairman, one thing. The Mayor received a letter from the Orange
Bowl and basically the Orange Bowl parade may very well be eliminated in this City. I certainly
want to be on record as Chairman of the Economic Development Committee to commit to work
with the Mayor and the Manager to ensure that the facility, the publicly owned facility is
restored and brought into full code compliance and fire compliance with a view toward keeping
the Orange Bowl here.
Commissioner Plummer: Mr. Chair.
Vice Chairman Teele: The Orange Bowl parade does more for this City in terms of positive
image than any one single thing that we can do in terms of Downtown -Miami. And, I think it
would be a real mistake for us to lose it, and I certainly am prepared to work through the CDBG
(Community Development Block Grant) process if there are eligible activities that we can bring
this bill into compliance.
Commissioner Plummer: You don't need it.
Commissioner Regalado: Mr. Vice Chairman.
Commissioner Plummer: Mr. Vice Chairman, let me bring to your attention the precedent...
Commissioner Gort: J. L. is going to take care of it next year.
Commissioner Regalado: If I can...?
Commissioner Plummer: The precedent has already been set, and if you will look and pull the
records on the Grove Key Marina next door, what we did over there when they needed a new
roof, we took it out of rent abatement because it was a City -owned facility. You don't need any
funds, they are will and I have already talked to them. They are willing to do and put the roof on
at their expense and they would be reimbursed by no rent payments until the matter is resolved.
That's already a precedent been set.
Vice Chairman Teele: Commissioner would you move then that the Commission resolves to
work within the budget constraints to ensure that the Orange Bowl Parade is retained?
Commissioner Plummer: Well... Go ahead.
175 December 30, 1997
Vice Chairman Teele: I think we need to make that statement, because I think the public needs
to know that we really do want to keep the Orange Bowl Parade.
Commissioner Plummer: Absolutely. And, I will be glad to work with them on behalf of this
Commission. I promised them I would meet with them next week. The warehouse is one thing,
the lack of funds for the aspect of the parade ...
Vice Chairman Teele: That's another one.
Commissioner Plummer: ... is a separate item in it's entirety.
Commissioner Gort: Yeah.
Commissioner Regalado: I think they have lost their sponsor, and...
Chairman Hernandez: Their main sponsor.
Vice Chairman Teele: Well, it's a tough kind. [phonetic]
Chairman Hernandez: Yeah.
Commissioner Plummer: They have lost one, they have the potential of one more. The problem
is, is belonging to that alliance which did not work out for them the way they thought it work out
has cost them a fortune. So...
Commissioner Gort: They should have stayed at the Orange Bowl.
Chairman Hernandez: Yeah.
Commissioner Plummer: The should have stayed at the Orange Bowl for sure.
Commissioner Gort: That's right.
Chairman Hernandez: All right, any other discussion item?
Commissioner Gort: Move to adjourn.
Chairman Hernandez: Move to adjourn, is there a second?
Commissioner Plummer: Mr. Chairman, to you and my colleagues, I wish you a very happy and
prosperous and very good health for the New Year.
Commissioner Gort: Once again.
Chairman Hernandez: Same to you. Thank you, very much.
END OF DISCUSSION -- NO ACTION TAKEN
176 December 30, 1997
----------------------------------------------------------------------------------------------------------------
19. REPEAL ORDINANCE 11561 (SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT
AGENCY (CRA) -- PROVIDE FOR CRA BOARD TO EMPLOY AND FIX
SALARY OF EXECUTIVE DIRECTOR -- FURTHER DIRECTING CITY
MANAGER TO TRANSFER BUDGET AND STAFF TO CRA -- COMMENTS
PRAISING TENURE OF ROBERT NACHLINGER WITH CITY.
Commissioner Teele: Mr. Chairman.
Commissioner Hernandez: Yeah.
Commissioner Teele: There was the one ordinance that we were supposed to do.
Commissioner Hernandez: Which one?
Commissioner Regalado: The CRA (Community Redevelopment Agency), the CRA, the CRA.
Vice Chairman Teele: I would move the CRA emergency ordinance that's in the agenda.
Commissioner Regalado: Second.
Commissioner Plummer: The what?
Vice Chairman Teele: The CRA emergency ordinance that's on the agenda.
Commissioner Plummer: I didn't... I didn't...
Commissioner Regalado: It is there?
Commissioner Plummer: What does it say?
Mr. Frank K. Rollason (City Manager): Item five.
Vice Chairman Teele: It simply says...
Mr. A. Quinn Jones, Esq. (City Attorney): Transferring...
Commissioner Plummer: They took it...
Vice Chairman Teele: ... that the CRA will function as a quasi independent agency as it has in
the past.
Chairman Hernandez: That's how it was in the past.
Commissioner Gort: Second.
Commissioner Plummer: We already have done that.
Vice Chairman Teele: No.
177 December 30, 1997
Chairman Hernandez: No, it never came back.
Mr. Jones: You did it on first reading.
Vice Chairman Teele: No, it never came back. We did it on first reading.
Commissioner Plummer: All right.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Teele: So moved.
An Ordinance entitled -
AN EMERGENCY ORDINANCE REPEALING IN ITS ENTIRETY,
ORDINANCE NO. 11581, ADOPTED OCTOBER 28, 1997, RELATED TO THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND
COMMUNITY REDEVELOPMENT AGENCY ("CRA"); 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.
was introduced by Vice Chairman Teele and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion Vice Chairman Teele and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11582.
178 December 30, 1997
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Mr. Chairman, we have lost fact that Mr. Nachlinger is turned chicken
and will not be with us after this meeting, he is going to go down and become a potato farmer in
the south end of the County, and I think we need to say to him, thank you, very, very much for
what you have done for us.
Commissioner Gort: Well...
Commissioner Plummer: And, we are sorry to see you go, and we hope that you will reconsider
and come back.
Vice Chairman Teele: It's an ordinance or a resolution? Reso?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Ordinance, ordinance.
[APPLAUSE]
Commissioner Gort: ... it was my understanding he was not going to go.
[APPLAUSE]
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
20. AMEND SECTION 18-232(C) OF CODE -- ADD PROVISIONS FOR
ATTORNEY -CLIENT WAIVER OF CONFIDENTIALITY FOR
SETTLEMENTS OVER $25,000 BROUGHT TO COMMISSION FOR
APPROVAL.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: Mr. Chairman. Mr. Chairman, I am advised that there is one other
ordinance that will... that the... is at the request...
Mr. A. Quinn Jones, III, Esq. (City Attorney): Oversight.
Vice Chairman Teele: ... Oversight Board that is necessary before we move forward relating to
attorney/client privilege and a specific waiver as it relates to certain items that are pending.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Vice Chairman Teele: So moved.
Mr. Walter J. Foeman (City Clerk): I need a seconder, please.
Commissioner Gort: Second.
179 December 30, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 18-232(2) 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.
was introduced by Vice Chairman Teele and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Teele and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11583.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Teele: Move to adjourn.
180 December 30, 1997
Commissioner Plummer: Are we inaudible (off the mike) except the Lexus, right?
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:53 P.M.
COMMISSIONER HUMBERTO HERNANDEZ
PRESIDING OFFICER/CHAIRMAN
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
181 December 30, 1997