HomeMy WebLinkAboutItem #01 - Discussion ItemPIP
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Commissioners, City Manager, OATS April ) fJ496
City Attorney and City Clerk tt
SUBJECT
FROM REFERENCES
Xavier L. Suarez, �[J►�/
Mayor ENCLOSURES
Pursuant to the authority vested in me by Charter Sections
4 (f) & (g) and 15(a) and Code Section 2-13(9), I hereby call
a Special Meeting of the Miami City Commission for Wednesday,
April 4, 1990 at 2:30 p.m. The purpose of the meeting is to
propose an evaluation of City Manager Cesar H. Odio, At that
time, I will be asking you to consider Mr. Odio's answers to
the following questions among others:
PART I. Salaries of Unclassified Personnel
Note: Mr. Odio was hired with the express purpose of streamlining
and reducing top-level staff. For the first two fiscal years,
unclassified personnel salaries were frozen; after that time, by
various means, salaries have been increasing. Specifically, I
would like to know the following:
a) How Waldemar (Wally) Lee has gone from his initial salary
of $65,873.60 to $81,036.80 (23% increase) in about two years.
b) How Janet L. Gavarette has gone from a salary on May 23,
1988 of $44,595.20 to her present salary of $60,590.40 (36%
increase).
c) What qualifications, performance on the job, or other
factors entitle A. Perez-Lugones to earn $70,054.40.
d) What qualifications, performance on the job, or other
factors entitle Frank May to earn $73,507.20.
Continued;
e) ghat justification there is for the Manager's immediate
staff to earn $934,328.72.-
f) What justification there is for: the staff of the "Office _
of the City Manager," as that classification is reflected in our =_
accounting system, to earn $2,699,099.52, not counting benefits.
PART II. Creation of New Offices and Job Classifications
Note: At the beginning of his tenure Mr. Odio's management
approach was to reduce the number of departments, bureaus and
offices and rely on few departments with clear functions performed
by each.
Recently, we have seen the creation of an "Office of Strategic
Planning
" "U5P" and an "Office of Industrial Engineering
("OIL"'). Attached for your reference is my.reply to the executive
summary of the OSP's latest report.
It is an understatement to say that we have had a proliferation
of job titles/classifications. A City with less than 4,000
employees canot possibly need 288 job classifications. (See
attachment hereto.)
a) How it is that Aurora Badia, initially hired as Assistant
Director of Public Works with the express purpose of helping
improve a troubled department, now has become an "Eng. Coord. Mgr.
III" (Salary: $66,747.20).
b) How and why Ms. Badia was transferred out of Public Works.
c) How and why Frank R. May, who is not an industrial
engineer, came to be director of "OIE."
d) What does Carol L. Ellis do as a "Productivity Anal.," at
a salary of $52,291.20.
e) What does Gaston Arellano do as an "Assistant Director -
Indus. Eng." at a salary of $60,590.40.
f) Is the above the same Gaston Arellano who was tried out in
the Solid Waste Department and later removed?
Continued;
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9) What are the functions of the OIE? When was it created?
,Thy? Why is it not under an existing department?
h) What are the functions of the OSP? What is the total cost
of said office from its inception to date, including the salaries
of all consultants?
i) When was Michael G. Lavin hired; on what basis is his
salary $58,926.40 as an "Econ. Coord. Mgr. I" ("Tier 2")?
j) When was Eduardo Rodriguez hired; on what basis is his
salary $46,144.20, as an "Econ. Coord. Mgr. I ("Tier 1")?
k) When was Manuel Rodriguez hired; on what basis is his
salary $58,926.40 as an Admin. Asst. III?
1) What is an "EDP Auditor?"
m) What is a "Prncpl. Research Psy"; assuming this is a staff
psychologist, how many do we have and in what departments? Is
he/she licensed to do therapy?
n) What is a "Validation Supv."; what does he/she validate?
o) What is a "Resource Coordinator"; aren't all City employees
resource coordinators?
p) What is a "Marketing Supervisor"; what product is the City
of Miami marketing?
q) That is a "Business Development Sr."; what does he/she do =
differently from a "Business Development Supv."; what business is
the City developing?
r) What is a "Supv. of Econ. Res."; what economic resources
are referred to her which could not be handled by an accountant,
- bookkeeper, or economist? -
Continued;
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s) What is a ",Support Services Coord"; aren't all City
employees involved in support services?
t) What is a "Documentation Spec."; what documentation does
he/she specialize in?
u) What is a "Scheduler/Expedi-ter"; is this job akin to a
secretary? _
v) What is a "Network Support Mgr."; what network does he/she
support?
w) What is an "Exercise Physiologist"; by any chance is this
what is referred in sports as a "Strength Coach"; couldn't such a
task be performed by a volunteer?
x) What is a "Cult Affr Coord"; what volume of cultural
affairs do we have in the City that needs to be coordinated by a
full-time staff person?
y) What is a "Writer -Editor"; for what publication is this
person editing?
z) For whom is the "Sr. Protocol Ofcr" working? As ceremonial
head of the City under the Charter, I would expect that this person
works closely with my office. How come this job description hasn't
been discussed with me; if this is the position recently vacated by
Virginia Godoy, how come the job description hasn't been abolished?
aa) What is a "Concert Promo Prodcr"; what concerts is such an
employee producing? Isn't this a classic private -sector
responsibility?
bb) What is a "Cultural Liaison Aide"; what culture is being
linked and with what?
cc) What is an "Expen Control Mgr"?; if he/she was in charge of
controlling expenses, what was he/she doing while the City
developed 288 job categories?
Continued;
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cad) What is a "National Sales Mgr_"; what are we selling at a
national level that needs a manager; for that matter, what are we
selling at a local level?
ee) What is an "Asst. to Div-Intnl A&R"?
ff) Who is our "Emergency Preparedness Coordinator"; isn't this
person a firefighter? Why can't he/she wear two different hats?
gg) What is a "Media Relations Mgr",- since we have public
information officers in the Fire and Police departments, why do we
need a "Media Relations Manager"?; in what department?
PART III. Employees with Salaries in Excess of $50,000
Note: A review by Charlie Cox of AFSCME shows the following
breakdown of employees whose salaries exceeded $50,000 in 1986,
compared with those whose salaries now exceed that figure. (Note:
None of the Commissioners have any staff whose salary reaches that
amount; those offices are thus omitted from the tabulation.)
Department
City Clerk
Law
Civil Service
City Manager
Labor Relations
Finance
Personnel
Management
Continued;
Over $50,000 in '86
1
9
1
7
1
9
`-1
Presently over $50,000
2
16
1
20
2
3
PI
5
Faye
32
.120
Police
42
87
Public Works
22
21
Solid Waste
4
6
Conferences &
Conventions
1
3
Planning
6
8*
Budget
6
6
General Services
6
13
Pension
1
1
Community
Development
6
11
Computers
15
31
Internal Audis &
Review
3
3
Building & Zoning
5
12
Parks & Recreation
7
8
*The Planning and Zoning Board Administration has been
eliminated since 1986; this may offset above figures.
Comparisons are difficult for the Department of
Development and the Housing and Conservation Agency,
which have undergone transformations since 1986.
They are both thus left out of the tabulation.
Other than the Fire Department, where many salaries in excess
of $50,000 result from automatic step increases and union
contracts, the manager's office has had by far the highest rate of
increase in high -paid personnel, with almost three times as many as
in 1986. Hoed can this be justified?
Continued;
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AFSCME is properly complaining that unclassified, managerial
and executive personnel constitute a startling proportion of the -
total non -uniformed employees in the City. (By his figures, about
600 out of 1500 are unclassifiedi)
Questions:
a) in view of the sacrifices made by union employees, which we -
have justified as resulting from the budget crunch, how can Mr.
Odio justify the increases in managerial personnel in his own
office?
b) For some time, I have been suggesting that classified
employees whose salaries exceed a certain amount (e.g. $50,000) not
receive the same percentage increases as rank -and -file employees;
has that concept been built into negotiations with the unions?
PART IV. City Projects
Note: The City has initiated various projects, some of which are
still at the conceptual stage and some of which are undergoing
design or under construction. The administration should be ready
to respond to questions about the status of each, obstacles found,
financing formulas applicable and estimated dates of completion.
1. Overtown/Park West (Phase I). of the four developments in
Phase I, only Circa Barness Sawyer is presently stalled. Reference
is made to that company's attorneys' letter dated March 9, 1990,
p. 3, which alleges that "City officials... offered to withdraw
their recommendation that the lease and development rights be
cancelled... if Mr. Wilson would agree to cause the General Partner
to transfer all of its interests to the Sawyers in return for a
seven figure payment..."
Questions:
a) What truth is there to the above factual allegation? What
city officials, if any, were involved in the discussion alleged?
Continued;
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b) When the Commission discussed cancellation of the
Circa/Barness/Sawyer lease, the administration informed us that
within thirty to sixty days (of February 7, 1990) a new lease would
be awarded; is this still a realistic timetable?
2. Overtown/Park West (Phase II).
The administration has misstated the size of the tax -increment
monies to be derived from the proposed bond issue, giving the
community the erroneous impression that there will be $22 million
available. (See correspondence from Don Benjamin dated March 12,
1990.)
In addition, the community is concerned that small, discreet
projects will be ignored in favor of a grandiose program of land
acquisition coupled with a huge new development conceived by the
City planners.
Questions:
a) When are tax -increment bond monies going to be available
and in what exact amount?
b) How much of the bond proceeds will be needed for land
acquisition for 'the Historic Overtown Folklife Village? Will there
be any bond proceeds left for other projects North of N.W. 8th St.,
as mandated by the City Commission's various resolutions on this
issue?
3. Affordable Housing Projects (Scattered Sites)
Prior to Mr. Odio's tenure two sites (known as "Civic Center"
and "Melrose") were acquired for the erection of affordable
housing. Another site ("St. Hugh's") was acquired under Mr. Odio's
administration. At present, all three are stalled. The manager
will be asked questions which will include the following:
Continued;
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a) When and at what price was the St. Hugh's site acquired?
Was there any appraisal to buttress the purchase price?
b) When did the administration learn that the Civic Center
site had major construction problems? Pursuant to my suggestion at
a recent Commission meeting, have any proceedings been instituted
to hold liable any of the prior owners or users of said property?
Is there anyone on staff who is knowledgeable in the area of
"Superfund" recovery of contamination cleanup costs? If not, has
the manager met with the City Attorney to discuss the hiring of
such a person?
c) What is the status of Melrose? What are the parameters of
the project as now envisioned? When can we expect a developer,
nonprofit or otherwise, to have a feasible financing and
construction plan?
4. Latin Quarter Specialty Center. The manager, at various
times, has suggested that the City take over this project from the
Department of Off -Street Parking (DOSP), in part because of the
slow progress of it and in part because funds for acquisition are
being provided by the City and not DOSP.
Questions:
a) Is the City now in charge of this project? Have any legal
documents been drafted to reflect that transfer of responsibility?
b) How much land has been acquired for the project; is it
true, as recently reported by the newspapers, that a million
dollars are needed to purchase land for the parking component? Has
DOSP, as initiator of this project, offered to provide that portion
of the land -acquisition money?
c) If enough monies are not available to acquire the totality
of the land needed under the original concept, has the
administration considered reducing the scope of the project or
dividing it into independently sustainable phases?
Continued;
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5. Liberty City Tax -Increment District, The Commission
approved in principle a tax -increment district for Liberty City.
This was done in early 1989, in part as a result of the January
civil disturbances. A six-month timetable was proposed to the
Commission for implementation of the district.
Questions:
a) Is the tax --increment district still recommended by the
administration?
b) When is the anticipated date of declaring a development
district? What new property taxes are hoped to be captured by that
timing?
6. Omni Development District. The Commission approved about
three years ago a tax -increment district for the Omni area. Many
internal negotiations ensued when it was found that the date of
declaration of the district appeared not to "capture" the Plaza
Venetia project. The manager and the budget director wanted the
building left out of the district and -- under that assumption --
proceeded to include in the general operating budget of the City
the first two years of tax increment from said building.
Meantime, negotiations with the County over the interlocal
agreement to establish the district were proceeding. In addition
to the correct date of declaration of the district, the County was
property concerned that we had not reserved funds for the first two
years of development. After much internal discussion and even more
external negotiation with the County, a plan was approved whereby
the correct date was used for the district's declaration and no net
funds were appropriated for the district from past fiscal years.
Questions:
a) Where exactly are
the district? What is the
fund? When can a bond be
Continued;
we now with the plan of development for
yearly tax increment pouring into the
issued and for what amount?
10
?. FEC/Bicentennial Park R.F.P. The City's Planning
Department prepared a beautiful conceptual "RFP" for the two parks �_
known as "FEC" and Bicentennial. Although this was at least two
years ago, nothing has happened since then, except for Mr. Odio's
general mention of "negotiations with WOMETCO" for a major
attraction to be located on the FEC site.
Questions:
a) inhere exactly are the negotiations for an attraction on the
FEC site?
b) What has been done to provide at least a small restaurant
or food shop in Bicentennial, as envisioned in the initial park
concept?
c) What exactions can be proposed from the Port of Miami as
its contribution to the beautification/enhancement of the FEC park,
which is in effect the entrance to the port?
d) Is a formal UDP/RFP going to be issued for the two parks
based on the existing conceptual design?
S. Orange Bowl Renovations. At various times, the manager has
informed the Commission that: a) the Orange Bowl would need major
renovations (18 million dollars worth), as indicated by the same
engineering firm which had done almost every study of this facility
in the past; (b) we did not know if it needed major renovations
until a new engineering firm was selected under competitive bidding
processes; (c) the renovations needed would cost no more than 12
million dollars; (d) the renovations would include four huge new
ramps at the four "corners" of the elliptical stadium; (e) the
renovations would not include such huge new ramps but instead a
sort of building on the side(s) of the bowl; (f) the renovations
would require use of bed tax and seat surcharge monies; (g) the
renovations would only require use of seat surcharge monies; (h)
the University of Miami and Orange Bowl Committee were ready to
sign long-term leases premised on renovations as described in any
one or combinations of (a) through (g) above. Now we read in the
press that the University is displeased with the negotiations and
is considering a move to Robbie Stadium.
Continued;
11
Questions:
a) Is there any truth to the possibility mentioned at (h)
above?
b) Which of the scenarios described in (a) through (g) above is presently correct?
9. Performing Arts Center. The Commission, to date, has
indicated only its desire that a center be built in the general
area of downtown and its willingness to use tax -increment financing
for same. Nevertheless, the manager has expressed a readiness to -
allocate Convention Development Tax monies for the building of such
a facility. This despite the fact that the City's prior enunciated
policy was to use the Convention Development Tax proceeds to build
an arena and an exhibit facility, and despite the high priority
given by the Commission and its Sports and Exhibition Authority to _
the construction of a Major -League Baseball stadium.
Questions:
a) In what forum(s) has the manager enunciated a policy of
proposed use of Convention Development Tax proceeds for a
performing arts complex?
b) What is the status of the proposed exhibit facility and
what funds are contemplated for that facility?
10. New Administration Building. After much vague discussion
of the need for a new administration building, the manager informed
the Commission of the principal parameter of that allegedly needed
facility: a total of 451 employees to be located there. This, of
course, is a silly specification, since we don't know with that
kind of precision how many employees need to be located in such a
facility. In the meantime, City employees have been placed in at
least five separate buildings, with rates ranging over the realm of
$10 to $20 per square foot. In one instance, for some incredible
reason, only one bidder stepped forward when space was needed, and
the employees located in the building so chosen had to be shuttled
by bus due to inadequate parking in the selected site.
Continued;
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Also, in the meantime, the Olympia-Gusman complex was being
considered, for renovation by a private nonprofit developer who
wanted a commitment of 10,000 sq. feet from the City and 35,000
from DOSP. Almost two years ago, the Commission rescinded the
award of said project to the nonprofit developer. But the City
cannot abandon the building, because it is wholly owned by the City
and contains a priceless performing arts facility (Gusman) which we
seek to renovate even as we would like to ignore the Olympia
building.
question:
a) Why hasn't the manager proposed using the entire Olympia
building to house as many as one-half of all the employees who need
integrated space?
b) Why haven't other existing City facilities been considered
for renovation that would make them fit for use by the employees in
question, at a substantial savings to the City?
c) Why hasn't the manager considered moving all Fire
Department personnel from the existing administration building
downtown to the Fire College in the Grove, making .additional space
available? (1 doubt that there's an unavoidable legal impediment
based on the original general obligation bond issue, as Mr. Odio
and his staff constantly aver.)
11. W�rnwood Free -Trade Zone. The Commission has approved
promotion of afree-trade zone in Wynwood, to be located on some
twelve acres which the City acquired about ten years ago. If
successful, the zone would help revitalize the Fashion District and
give jobs to many Miamians.
Ouestion:
a) What staff is allocated to promote this project?
Continued;
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b) What priority has been given to this project in the City's
legislative agenda? =_
c) What contact has Mr. Odic, had with the Port Director to
ascertain his expansion needs and possible promotion of this
facility as an annex to the port?
PART V. Underfunding of Pension Plans
Mote: For about one year, the manager has been advocating
various long-term debt refinancings, including the debt related to
the pension fund. Said debt came into existence by Court decision
in the famous "Gates" case, settled prior to 1985, when Mr. Odio
took over as manager. A sum in excess of $200 million has to be
paid in payments spread over thirty years to make up for the
"unfunded" and "underfunded" liability of the Police, Fire and
general employee pension plans.
City and Union actuarial experts have battled over the proper
schedule of payments needed to pay off said liability. The status
quo requires payments which increase steadily from approximately
$14 million to a high of $32 million. That schedule cannot be
changed without court approval.
The actual amount needed to return the two pension funds to
actuarial soundness varies based on many factors, most importantly
the rate of return obtained on the funds' investments compared to
the rate of inflation. Life expectancies of the affected employees
and chosen dates of retirement are also factors. As time passes,
actuarial adjustments are made based on the historical growth
record of the fund, and the uncertainty becomes less and less. One
thing is for certain: The pension funds have grown over the past
four years from a total of $302,049,000 to $543,153,000 (an
increase of 80%).
For that reason, when Mr. Odio came to see me about approving a
bond to pay off the entire liability up front and structure our own
schedule of repayments on the bond, I asked him if we could not
seek instead court approval of smaller payments based on a smaller
unfunded liability. He said he'd check into it. _
Continued;
14 r
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For the next few months, Mr. Odio did his best to convince the
individual. Commissioners that a $260 million bond issue was
necessary to equalize repayment of this debt. He obtained a legal_
opinion that said such a bond would not be a general obligation --
bond subject to voter approval and suggested that we could pay it
off from the debt -service millage rate. This, he suggested, would
give us breathing room on our operating millage rate, which is
presently close to the constitutional maximum. _
My answer, prior to any of the hearings had to discuss this,
was apparently identical to the answer given by each of you. I
told him that the taxpayers of Miami would not buy this shift from
operating to debt -service millage rate since they basically look at
the total tax bill; some might even accuse us of avoiding the
spirit of state law (if not the legal interpretation) which
requires a referendum for a new general obligation debt. And I
suggested that to give us breathing room in our operating millage
rate we should continue along the path started in 1985, which has
brought us from 9.84 mills to 9.59, the result of economics from
streamlining, tough negotiations with unions, careful purchase of
various supplies, better collection of fees and other receivables,
-� and a virtual freezing of all management -level salaries.
I reminded Mr. Odio that this was accomplished in spite of two
hard "hits" to our first budget in '86-'87: the loss of over $8
million in General Revenue Sharing monies and the beginning of the
payments on the Gates case. Together, these two added up to over
10% of our general operating budget and over 20% of our ad valorem
tax revenues.
Similar conversations must have taken place with all the
Commissioners. Nevertheless, Mr. Odio pressed on, causing two
fairly lengthy hearings on the issuance of a bond which would be by
far the largest (and costliest) in the history of the City.
At the first hearing, Commissioner Plummer proposed that
instead of a full presentation, we send the manager back with
instructions to simply prepare a schedule of higher up -front
payments that would reduce later payments and thereby equalize the
entire schedule. Commissioner De Yurre came up with a specific
proposal along the same lines. Vice -Mayor Dawkins and Commissioner
Alonso expressed grave doubts about the entire plan.
Continued;
15
The second hearing was a total fiasco. The manager failed to
bring back a simple proposal for equalizing the payments by up-
front increases. Instead, 'he had a lengthy presentation by Howard
Gary, the City's financial advisor. This presentation began with a
totally unnecessary history of the City's past financial practices
including the poor handling of, the pension fund investments. The
presentation engendered a discussion as to who was to blame for
past poor management, an issue that antedates the Gates lawsuit,
its settlement, the election of three current Commissioners and Mr.
Odio's own tenure. Together with prior publicity about the
proposed $260 million bond issue, the effect was to give the
impression of a city undergoing a financial crisis, when the truth
is that the City has just surpassed a financial crisis created by
prior administrations. _
The Commission ended this whole painful experience by a swift,
unanimous and emphatic vote rejecting the concept of a bond issue.
Questions%
a) Why did the manager insist on proposing a bond issue when
he knew that the Commissioners individually opposed it? Why did he
permit the financial adviser to present a precarious picture when -�
the simple answer, assuming a very cautious, conservative approach
to the rising payment schedule, was to generate operating budget
savings, as was ultimately proposed by the Commission (2%, 3% or 5%
alternatives)? -
b) As the total pension fund increases, the "normal" yearly
contribution is projected to decrease; assuming such continued
growth, what will be the normal contribution in future years? Is
it zero already for the next fiscal year? If so, can't this be
used as an argument to reduce the court -mandated yearly
contribution for the unfunded liability? How big will the total
fund have to be before the manager realizes that what used to be an
underfunding may become an overfunding? In view of the testimony
of union leaders that they would help us to obtain court approval
for modification of the current schedule, has the manager begun
those negotiations and that analysis?
Continued;
16
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PART V1. Consulting Contracts
Notes The City has, from time to time, used professional
consultants to handle various tasks where special expertise was
needed. Various Commissioners have expressed strong reservations
about using outside consultants, mostly questioning why we can't
prepare our own in-house staff to do these tasks. (See Memo from
Cesar Odio to M. Dawkins, July 14, 1989.) Typically, consultants
have been hired in the traditional areas of law, accounting,
appraising and financial advising. Less frequent -- and more
problematic -- have been consultant contracts in the area of
planning and supervision of ongoing projects. Only one contract,
that I'm aware, has been awarded for long-term strategic or
economic evaluations, and that was to Dr. Antonio Jorge beginning
on or about October, 1989 and still continuing.
Perhaps the most controversial consulting contract in recent
years was the one to Pete Long, an outgoing public works employee,
to continue supervising the (hoped for) completion of Bayfront
Park.
Questions:
a) How many professional consulting agreements have been
entered into in the last twelve months? As to each, please state
whether they were submitted to the Commission for approval; as to
any that was not submitted for Commission approval, please state
why not.
b) As to the Antonio Jorge contract, please advise as to its
intended date of termination.
c) As to the Pete Long agreement, please advise if any
consideration has been given to holding him responsible for any of
the delays or defects in the improvements, including the defects
that have led to the lawsuit against PNM Construction.
Continued;
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d) Please provide a list of all current security contracts;
for each, state the date of inception of the agreement and whether
it was approved by the Commission; if not, state why not.
e) There appears to be a private security contract for the
Dinner Key area; please list the principals of the company which
holds said contract; please state the phone number you would call
to complain that its guards are asleep.
PART VI1. Neighborhood Projects
Note: In addition to major projects in Overtown, downtown, Little
Havana, Liberty City and Allapattah/Wynwood, the City from time to
time attempts smaller projects in more stable communities such as
Coconut Grove and the Northeast.
In Coconut Grove, the principal request was quite modest:
artistic solid waste containers. They were approved well over a
year ago.
In the Northeast, a permanent police mini -station has been
approved for Legion Park, with funds already approved. A task
force has also been created to make recommendations on the possible
location of a major facility in the area, an aspiration which was
fomented by the proposal to locate a City administration building
at 4400 Biscayne Blvd.
Questions:
a) Why have the solid waste containers not been provided as
approved by the Commission?
b) When is the N.E. mini -station going to be built?
Continued;
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FART VIII. Waterfront Leases
Note: The City, since 1985, has been making great strides in
shaping up its waterfront leases. (See XLS article in the Miami
News, Tuesday, July 14, 1987.) _
As the opportunity has arisen, we have added escalation clauses
to future rent schedules, have inserted take -back provisions that
allow us to recover the property at minimal cost, and have
constrained what developers/operators of those properties may build
on them.
Two notable exceptions to our effective monitoring of bayfront
leases have been the so-called Merrill -Stevens marina and the Miami
Rowing Club.
In the case of Merrill -Stevens, when the existing lease
expired, a new one was put out for bids, and has been twice awarded
to the same group, led by Bob Hardin and Marvin Dunn. The first
time, they were required to post a $1.5 million letter of credit as
guarantee of their ability to perform the improvements, which
totalled less than $5 million.
A second UDP was issued when the first award winner failed to
receive voter approval by referendum. Again, the minority bidder
was the team lead by Hardin and Dunn, this time joined by a partner
who was expected to provide financing, Sherman Whitmore.
Media reports indicate that this group has not lived up to its
obligations under the lease.
L
Continued;
19
The Rowing Club, paying nominal rent for many years now, had
encroached on adjoining land which it tried to convert to its own
private parking lot until the media reported it. Perhaps not
coincidentally, other private boating clubs that had been awarded
competing leases in the same area never succeeded in obtaining the
right to build or operate their facilities (most notably "Casino
Espanol," which struggled for about two years to obtain Commission
approval of their lease, and finally gave up when told that they
could not get approval of the easement necessary to build the
access road to their property -- as well as other impediments).
Questions:
a) Was the Hardin -Dunn -Whitmore group required to post a $1.5
million letter of credit under the recent winning bid? If not, why
not?
b) What is the present status of each lease?
PART IX. Troubled Departments/Fire
Note: The Fire Department has endured various incidents of
scandalous proportions. Almost three years ago, lengthy hearings
were held before the entire Commission to discuss incidents of
racial and sexual harassment, antiquated personnel practices and a
festering dispute over Affirmative Action policies in the
department.
Since the hearing, the Department has been rocked by additional
scandals, including the most bizarre one of all which involved
hazing of a handcuffed firefighter through rubbing of genital
organs on his head. This was revealed only a couple of months
after obscene pictures and sketches, with names of individual
firefighters and references to the affirmative -action plan, were
found in a fire station in full view of the general public.
Continued;
20
.4
Minor incidents have also plagued the department. It is not
worthy of much discussion, but is worth mentioning, that a round-
robin format for basketball pick-up games among some firefighters
ultimately led to back and forth charges of racism contained in
various written memoranda. Similarly for an ethnic sensitivity
session, which incredibly resulted in racially accusatory and
consequential defensive memoranda among some of the department's
highest --ranking officials.
During the hearings referred to above, the manager and
Commission enunciated rather forcefully our commitment to the
court -mandated Affirmative Action policy. This was followed by a
toothless memorandum from the Chief stating that his department was
an "equal opportunity" employer. The Chief had to be reminded that
this was hardly a proper enunciation of the Affirmative Action
policy of the City.
In the meantime, male and female officers have complained that
bathroom facilities are not designated for separate use of males
and females.
About six months ago, I toured a few fire stations; in one of
them the officer complained that separate bathroom facilities had
still not been established. The issue was brought up at another
Commission meeting, illustrating the administration's inability to
resolve quickly fairly minor problems thatcan cause grave
consequences if not attended to.
Questions:
a) What was done between the Commission hearings of three
years ago and the recent hazing incidents to de -institutionalize
hazing practices?
b) What was done between the Commission hearings and the
recent obscene -pictures incident to ease the entry of women in the
department?
Continued;
21
c) Has Chief Duke ever met with the four firefighters
dismissed after the recent hazing incident? Does Mr. Odio endorse
a management style where everything is delegated to subordinates, _-
including the investigation leading to the dismissal of four
employees?
d) Is Mr. Odio aware of the ultimate consequences, in human
terms, of the incidents that gave rise to the Commission hearings
three years ago? Does he know the present status of Leo Garcia,
Ron McCray, and the other firefighter (name omitted here out of
courtesy to the family) who were most involved in said incidents?
e) A prior section of this memorandum features the increase in
number of employees over $50,000; can Mr. Odio justify a fourfold
increase in the number of Fire Department employees at this level?
Can anyone justify having about forty percent more firefighters
(120 than police officers (87) at this level of compensation?
f) State when Christy LeMay (now making $58,926.80) was hired
to work in the Fire Department; what justification is there for a
non -firefighter to hold the position of "public information
officer" in the department?
g) My recent memo to the manager reflected an enormous number
of hours of service by "acting lieutenants" due to a lack of
permanent lieutenants. Why was this rank, which is the first -level
officer rank in the department, understaffed at the same time that
the chief has a total administration staff which looks like that of
a complete army and costs more than the combined budgets of the
Mayor and four Commissioners? (See attached hand -drawn
organizational sketch.)
PART X. Troubled Departments/Building & Zoning.
Note: Over three years ago, the position of Building and Zoning
Director became open. Mr. Odio established a selection committee
and process to appoint the new department director. Something in
excess of eighty applications were received and each was evaluated
under the same criteria, resulting in an overall "grade." At least
three of the applicants rated higher than the person ultimately
chosen by the manager.
Continued;
22
At the time, I tried to impress upon Mr. Odio that --- if at all -=
possible --- the person chosen should be qualified to function in
the three areas where building and zoning directors are typically
expected to function, i.e., as "Building Official" under the South
Florida Building Code, as zoning administrator and as department
head. In addition to avoiding ambiguity and overlap in exerting
authority, such combination of functions would follow the
streamlining thrust of the administration. It would also give the
general public a clearer picture of the administrative hierarchy of
the Department.
Questions:
a) In view of the relatively low rating received by the
director, what has she done since her appointment to merit the
continued confidence of the manager?
b) In view of the confusion created during zoning and planning
hearings by the triple responsibilities customarily resting on one
director, has Mr. Odio considered encouraging Ms. Fuentes to obtain
such certification as will enable her to function as Building
official under the South Florida Building Code? Has Mr. Odio
considered requiring that the director have such certification?
c) Is Mr. Odio aware of the numerous complaints directed at
the Building and Zoning Department by the development community?
is Mr. Odio aware of the numerous complaints directed at the
director by her own staff? is Mr. Odio satisfied with the level of
morale in this Department? Is Mr. Odio satisfied with the
responsiveness of this Department to citizens' organizations?
PART XI. Disposition of City Property.
Note: For well over two years, the Commission has been seeking to
sell some unproductive real estate assets, which the manager was to
identify. It is an understatement to say that this has been a slow
and ineffective process. It took an enormous amount of time to
obtain an inventory of such properties. The sale or divestiture
has been even more slow and painful, as shown by the examples
below.
Continued;
23
n
U
1. Municipal Justice Buildip3. This property, lying in a
prime area which includes the Jackson Memorial/Cedars of Lebanon
complex and a Holiday Inn, is worth a substantial amount; if sold
outright, the proceeds could be used for various capital projects,
to reduce Gates case payment, or to provide a healthier reserve
fund.
Mr. Odio has instead recommended a convoluted process of
rezoning the land to fit our concept of what the private sector
would like to develop there, formulate a set of specifications for
a proposed long-term lease, and sought private bidders. The reason
given for not selling the property outright is that the County
might buy it and designate if for a new prison.
Questions:
a) Have any bidders come forward for the Municipal Justice
building property; does any such bidder have a feasible financing
plan?
b) Has the manager talked to his County counterpart to
ascertain if the County indeed has any plan to purchase this
property if placed on the market?
2. City of Miami Cemetery. The manager first suggested to the
Commission that this acility was not well maintained by the City
and could better be operated by the private sector, at a
substantial savings to the City. From that simple idea sprang
somehow the concept of a high-rise mausoleum to be built by a
specific private developer. This somehow led to a massive reaction
by the neighbors, who seemed to know more than us about the
specific high-rise project.
Question:
a) Where did the neighbors and a specific developer get the
idea that we supported a high-rise development on this property?
3. Other Properties. To date, no other property has been sold
or prepared for sale.
Continued;
24
r]
Question: Tow long will it take the manager to prepare for sale
and successfully sell a single piece of unproductive, unused real.
estate?
PART XII. The Manager and the Solid Waste Fee.
Note: For some inexplicable reason, Mr. Odio feels that the
Department of Solid Waste should be "self-supporting" from user
fees, as if real estate taxes did not entitle the homeowners to
basic municipal services like police and fire protection, as well
as garbage pick-up.
At various times, Mr. Odio has: (a) proposed that the pick-up
of trash from the City's right-of-way should be paid by property
owners who don't use the City solid waste system (referred to
generally as "commercial accounts"); (b) proposed that a fee of
$150. imposed on every property owner of every unit; regardless of
whether that unit owner uses our system, would automatically induce
each and every one to use our system because it would be cheaper
than a private hauler now charges; (c) proposed that if we purchase
more (very expensive) equipment, our Department would be able to
compete for large commercial accounts, returning to us the full
cost of said equipment; (d) admitted privately that (c) is
incorrect; (e) restated (b) as a mandatory fee on store owners on
the basis of a contribution per lineal foot of frontage; (f) built
in to a future fiscal year the expected revenues from (e) only to
realize that he didn't have a Commission consensus and thus
engendering a budget shortfall; (g) simply suggested an increase in
the residential garbage fee already paid by all homeowners, knowing
that the Commission unanimously opposed such an increase.
Question:
a) Why?
Continued;
25
PART X111. The Manager and the Civil Service Board
Note: The manager, and therefore the City, is not faring too well
with the Civil Service Board. Numerous personnel actions are
reversed, causing people who were tired to be reinstated, often at
a substantial monetary loss to the City and disruption to the
Department where they were employed.
A notable recent case was that of Mary Meynarez. Its
chronology is as follows:
8 Dec 86 - Mary Meynarez' positions of finance manager
and assistant finance director abolished.
21 Apr 87 - Civil Service Board votes to allow Mary
Meynarez an evidentiary hearing.
6 Oct 87 - Civil Service Board recommends that Mary
Neynarez be reinstated to the position of finance
manager or an equivalent position.
17 Dec 87 - Cesar Odio declines to accept recommendation
of Civil Service Board.
4 Oct 88 - Circuit Court decides that Meynarez was
wrongfully terminated from her job and orders her
reinstated. Meynarez v. City of Miami, No. 87-029-AP.
3 Jul 89 - Circuit Court enters judgment on liability
for back pay against City. Meynarez v. City of Miami,
No. 88-53299(19).
18 Jul 89 - District Court of Appeal affirms ruling of
Circuit Court that Meynarez was wrongfully discharged
and is entitled to reinstatement. City of Miami v.
Meynarez, No. 88-2669.
21 Aug 89 - Restraining order against City placing Meynarez
in the position of Senior Staff Auditor. Circuit Court
Case No. 88-53299(19).
21 Aug 89 - Dismissal of City's appeal of judgment on
liability. City of Miami v. Meynarez, District Court
of Appeal No. 89-1.8885.
7 Dec 89 - Final Judgment on backpay to Meynarez for
$92,364.71. Circuit Court Case No. 88-53299(19).
Continued;
26
M
El
13 Dec 89 - Memorandum Decision and Order from Federal.
Court that City denied Meynarez due process of law in
firing her. Meynarez v. City of Miami, Case No, 88-
412-Civ-Scott.
26 Dec 89 - Finance Department informed that Meynarez is
returning as finance manager.
3 Jan 90 - Judgment for attorney"s fees of $38,990.00 and
costs of $2,711.41 against City. Circuit Court Case No.
88-53299(19).
15 Jan 90 - Trial meek for civil rights case in Federal
Court. No. 88-412-Civ-Scott.
I have had occasion to discuss with Mr. Odio the problem of
Civil Service Board reversals of his determinations. At one point
he admitted that our record was poor; later he denied that
admission.
It is entirely possible that the Board, which can affirm or
reverse an administrative finding of fault and also recommend a
specific punitive action when fault is found, is hesitant to find
the employee at fault because it perceives that its recommendation
of a punishment will be ignored and the employee dismissed. Thus
more cases result in exoneration of the employee.
Questions:
a) What does the manager propose to do to ameliorate a bad
record of reversals by the Civil Service Board?
b) Explain the decision to dismiss Mary Meynarez; Sergeant
Alfredo Dominguez; Officers Fortune Bell and Carlos penate.
What is the current status of these employees.
Continued;
QA
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C
PART XTV. „ The Manager and Growth Management _Legislatr_ion
dote: This legislation, and the conditions it attempts to deal
with, is perceived by many to constitute the most pressing issue
facing South Florida. In a highly developed urban core like Miami,
it does not have, at this point, the potential direct effect that
it is having in suburban areas. But the indirect effects are
already being felt.
My evaluation here will consist of technical questions that
will enable us to determine whether Mr. Odio is prepared to deal
with the implications and ramifications of the "concurrency"
requirements and whether he can argue the City's case on future
Developments of Regional Impact ("DRI") as well as related issues.
Among the questions to be asked are:
a) How does the taking effect of this law affect our efforts
to build affordable housing?
b) How do existing "umbrella" D.R.I.'s help us in dealing with
the requirements of concurrency?
c) How should the City plan its commuter transit corridors and
mass transit components to alleviate suburban sprawl?
d) What are the likely corridors subject to City control whose
levels of service may lead to imposition of a moratorium?
e) How do impact fees affect the balance prescribed by this
legislation?
PART Xi. Departments Susceptible to Streamlining/Computers
Note: Some Commissioners, including M.J. Dawkins and myself, have
expressed concern at the growth of computer -related expenditures
which recur so frequently.
Continued;
RU
n
The Computer Department itself has apparently fared too well
under our budget -cutting efforts, if salaries are any indication.
As of February 27, 1990, there were sixty-seven employees in the
department, thirty-one of whom (almost 50%) make over $50,000. The
manager should be able to justify the need for such high salaries
and such extensive personnel, particularly since almost all
software we use seems to be provided through consultant contracts.
He will be asked the following questions, among others:
Questions:
a) Why does the Computer Department need a "public relations"
aide?
b) What are the functions and qualifications of Dale Kelchner,
listed as "Cable T.V. Engineer" at $56,097.60? Does he work under
Sue Smaeller? Why can't this function be carried out by the
private franchisee of the City, at no cost to the taxpayers?
c) What are the functions and qualifications of Jorge
Quintero, listed as "Ast. Dir. Computers"? How can a salary of
$73,507.20 be justified?
d) What different functions are performed by Jeanne Trafford,
listed as "Programmer Chief" ($61,942.40) and Anne Trafford, listed
as "Programmer" ($50,876.80)? Are these employees related?
e) What use are the functions and qualifications of Aldo
Stancato, listed as a "Data Base Manager" ($68,224.00)?
f) What programs have been designed by the twenty-three
employees of the department who are listed as "Programmer,"
"Programmer Chief," "Programer Sr." or "Programmer Assistant"?
What qualifications entitle these twenty-three to be classified as
"Programmer"?
g) Why is Frantz Quettan, only a part time employee, making
one -eighth ($6,037 vs. $47,000) the mean salary of the typical
Computer Department employee?
Continued;
t9
E
PART XVI. Departments Witb Per(]Ltxag Tn.yestigations/cOnvention
aureall
Note: The City spends a good deal of its share of the so-called
"bed tax" on our own convention promotions effort, headed by Tony
Pajares. Vice -Mayor Dawkins has initiated an inquiry into the
publicity budget which this bureau apparently has been handling,
possibly without Commission oversight. And Commissioner De Yurre
has requested information on other aspects of the bureau's budget.
Those inquires will form the basis of the manager's handling of
this department.
30
If my memory serves me right the City Manager's Anniversary I:)ate
will be December, 1990. Again, if my memory serves me right,
prior to Mr. Odio becoming City Manager, the city manager., city
clerk, and city attorney were evaluated annually on their
anniversary date.
Since Mr. Odio has been manager I cannot recall this Commission
coming together to discuss an evaluate the performance of the
City Manager. Generally and in fact, in most instances
administrators hold an evaluation conference to determine what
has been achieved, how well it was done, where and if there are
means to making improvements in the way whatever was accomplished
or not accomplished.
In my opinion, an evaluation should never be a negative, but
should be done in a positive manner to improve performanmce and
productivity. This should be done in a public forum which allows
the City Commissioners to discuss their concerns and for the
manager to be allowed to respond.
The Mayor provided the Manager with a list of his concerns, I
think that each Commissioner deserves the right to provide the
Manager with a list of their concerns also, to allow the Manager
to respond to to those concerns just as he is responding to those
of the Mayor. My compiled list of concerns must shared with the
Manager for an appropriate and timely response.
Submitted into the public
recoid in connecticr vvi h
item �- oil f � I
It the Mani-.iger' s response to the Commissioners' conce.i-zts is not:
satisfactory, or is unacceptable, then the particular
Commissioner should sit down with the Manager and develop some
benchmarks and a time table in which the commissioner can expect
the Manager to accomplish or correct the concerns.
once the concerns are identified, we would have to determine how,
what, when to evaluate the manager, and what would be the
benchmarks to evaluate the current manager or any manager. In my
opinion the giving of written concerns to the manager is no- the
proper way to evaluate the performance of the manager. Since my
concerns would be mine and are not agreed on categorically, then
it would be unprofessional for me to expect my peers on the
commission to arbitrarily agree. This is no way to objectively
evaluate the manager.
If it is the desire of the Commission is to fire the manager,
then call for the vote to dismiss the manager, but let's not make
a mockery of the evaluation system, using this as a tool to fire
the manager. Today by putting the manager on notice, giving him
our concerns and then developing the criteria by which we will
evaluate the manager on his anniversary date, (irregardless of
who the manager is on that date.)
To do anything less would in my opinion prevent other
professionals from wanting to apply to work in an atmosphere
where one's livelihood is at the whims of the emotional majority.
We should not compromise the evaluation process.
2
I would suggest that we submit our concerns to the manager in
writing and that he be evaluated on his anniversary date. This
does not preclude any member of this Commission who feels that
they are desirous of calling for the dismissal of the manager,
because to do so we know there has to be three votes in a
dismissal.
3