Watchdog Report Vol.11 No.24 Octoober 31, 2010 Est.05.05.00 – I go when you cannot
Argus Report: Rubio on autopilot for U.S. Senate, Meek false withdrawal controversy, and Crist attends local judge swearing in ceremony
Florida: Sink & Scott duke it out on the airwaves but in such a tight race what role will “cheater” gaffe play on Nov. 2
Miami-Dade County: Recall signature certification likely with 90,000 submitted, Mayor Alvarez goes on the offensive; Braman responds this “is not personal”
Broward County: All voters have to do is vote yes to ethics & IG charter reform changes for a better county Nov. 2
Palm Beach County: Woman sentenced on charges of forced labor and alien smuggling
Hillsborough County: Gov. Crist taps Diaco for Tampa-Hillsborough County Expressway Authority (Senate Confirmation Required)
Gulf County: Gov. Crist appoints Timothy McFarland of Port St. Joe to the Gulf County Court.
Collier County: Gov. Crist taps five for Southwest Florida Regional Planning Council, Region 9
Miami-Dade Public Schools: District gets $100,000 federal grant for citizenship education program
Public Health Trust: Sayonara VP Lucas, procurement czar at county & PHT, has tried to be a straight shooter for almost a decade
City of Miami: Local Charter School application brings out big lobbying guns Diaz de la Portilla & state Rep. Fresen
City of Miami Gardens: Ethics complaint against Council member Gilbert dismissed
City of Miami Beach: Ethics commission investigation shows light on city procurement process and role of activist Goldsmith
Coral Gables: The sound and the fury of leaf blower legislation breeds lack of civility in tony city, some suggest, “We have completely lost it,” says Mayor Slesnick
Town of Miami Lakes: Councilwoman Simon cleared of gift ethics complaint
Town of Sunny Isles Beach: Candidate Welsh cleared of any campaign violations by ethics commission
Bal Harbour Village: Former Councilman Jacobi Suspended from Law Practice
Community Events: SOUTH FLORIDA INTERNATIONAL PRESS CLUB – Wednesday Nov. 3 lunch at noon Miami Shores Country Club 100000 Biscayne Blvd. Miami Shores Downtown Bay Forum Dec. 1 Forum luncheon speaker County Mayor Alvarez — 5th Annual Bingo Night for American Cancer Society
Editorials: One way or another Democracy is taking a spin with recall of Mayor Alvarez, but Charter changes should be final goal — What about elected leaders perks at the local level?
Letters: Reader on Iron Man race through Grove Saturday until 1:00 p.m. –Local Legislative chair Zapata runs for autism research and appeals for support
Sponsors – Publisher’s mission statement & Subscription information is at the bottom of this issue
>>> Just because you do not take an interest in politics does not mean politics will not take an interest in you. –Pericles (430 B.C.)
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>>> I will be doing election campaign analysis and discuss the issues on the Nov. 2 ballot along with Miami Herald political Reporter Beth Reinhard www.miamiherald.com on Topical Currents hosted by Joseph Cooper and heard on WLRN/NPR 91.3 FM – Nov.1 from 1:00 to 2:00 p.m. www.wlrn.org
>>> I was on Issues Oct. 22, 24 and again this past Friday and discussed the Broward and Miami-Dade Counties Charter changes with host Helen Ferre. For more go to This Week on Issues – 10/22 & 10/24 >> County Charter Questions: Daniel Ricker joins us on the program to discuss the county charter questions in the Miami-Dade and Broward ballots, such as how the commission communicates with staff in Miami-Dade and whether Broward should establish an Office of Inspector General. Daniel Ricker, Watchdog Report
>>> Midterm Election: Midterm elections are seen as an indicator of the approval or disapproval of the president’s first two years in office. If this election is indeed a referendum on President Barack Obama, what can we expect in November? Guests: Tim Elfrink, Miami New Times, Doug Lyons, SunSentinel, Justin Sayfie, Sayfie Review.
>>> CORRECTION: I incorrectly reported that a luncheon for Miami Beach Manager Jorge Gonzalez was being hosted and under the auspices of the Dade Community Foundation. That was not the case.
ARGUS REPORT – Heard, Seen on the Street
>>> Rubio on autopilot for U.S. Senate, Meek false withdrawal controversy, and Crist attends local judge swearing in ceremony
With Republican Marco Rubio (net worth $8,351) on a glide path to victory Tuesday night to join the world’s most exclusive club, the U.S. Senate. His rivals’ attacks have become even sharper but these have yet to penetrate his political skin with state voters. Rubio is facing Gov. Charlie Crist (Net worth $461,000); running as an independent and Democrat Kendrick Meek (Net worth around $190,000) a Miami congressman. Meek unfortunately has had to fend off rumors last week that he would drop out of the race to give Crist a clear field and a chance to win since he is higher in the statewide polls. Meek disputes this story and the type of conversation he had with former President Bill Clinton about the matter, as one being propagated by the Crist camp showing how desperate Crist is, given he has no party infrastructure to get out the vote on his own.
Rubio, young at 39 is charismatic and the darling of the conservative Tea Party on a national level and he is seen as a giant killer after he drove Crist, a life long Republican into the political wilderness of an independent. After the former House Speaker was expected to soundly defeat the governor in the closed Republican Primary leaving Crist no choice but to bolt if he was to aim for the open senate seat now being filled by U.S. Sen. George LeMieux, R-FL who Crist in 2009 appointed to that national office. Rubio, Meek and Crist are continuing their campaign drives but Crist is forgoing big rallies and doing more smaller and intimate events like appearing at the swearing-in of a local Miami-Dade judge at the downtown county court house on Thursday around noon.
However, elections departments throughout the state are showing Republican voter turnout is running high, even though Democrats have 600,000 more registered voters in Florida and critics are concerned that the Meek flap, and third position in polls could diminish African American voters who traditionally turnout more on General Election Day. >>> Editor’s note: The role of former Gov. Jeb Bush behind the scenes of Rubio’s and Republican gubernatorial candidate Rick Scott should not be underestimated and his ability to tap into party donors is still very considerable around the state.
>>> What was Sen. LeMieux doing at Miami City Hall last week?
U.S. Sen. George LeMieux, R-FL stopped in at Miami city hall last week and changing the allocation formula for HUD Community Development Block Grants from 15 to 25 percent for social services was the topic of the day. Miami Commissioner Willie Gort said Thursday that Mayor Tomas Regalado, Commissioners Frank Carollo, and Francis Suarez joined him in the discussion with the junior Florida senator, and the formula change was done once before in the 1990s but with the elections and economic climate different from back then. It remains to be seen if the formula adjustment can be pulled off.
What did Sen. LeMieux say about the national races & Gov. Crist’s campaign to replace him?
LeMieux once called the “maestro” after Crist’s 2006 successful gubernatorial campaign and the governor’s first chief-of staff said when it came to the Republican Party’s chances on November 2, 2010. He said, “I think Nov. 2 is going to be a great day, there is a lot of enthusiasm for Republicans in the early voting, and for the first time in the history of Florida more Republicans are showing up than Democrats” and when it came to Crist. “I regret that he left the Republican Party, I counseled him not to, but he made his decision, were still friends and I care about him but I just don’t share his political views,” said LeMieux.
>>> Change of command in Miami Herald newsroom, Gyllenhaal says sayonara to Miami, going to D.C.
The Miami Herald has changed its top leadership with Executive Editor Anders Gyllenhaal leaving for a new senior post in Washington D.C. for McClatchy newspapers, the parent company of The Herald. Aminda “Mindy” Marques Gonzalez is the new news top dog at the award winning daily paper, but with the current economy and its impact on newspapers. The number of reporters has dropped from 400 in the early 2000s to around 180 to cover the events and news of South Florida, but she is said to be committed to make the most of the assets that she has. She joined the paper in 1986, left for a while but returned in 2007 to the paper and is a University of Florida graduate. Gyllenhaal has been with papers around the nation, including in Minnesota and over a decade ago, he was a Broward County Herald editor. Now he is going back to the nation’s capital where he got his journalism degree from George Washington University in 1974 (I also graduated from GWU in 1974 but with a degree in Chinese Studies) and he and his family had settled in Coral Gables since arriving in 2007. The Watchdog Report in some ways a product of The Herald wishes Gyllenhaal and his family the best in the future, and wishes good luck to Mindy in her leadership capacity at Miami’s only daily circulation English newspaper.
>>> SunPost never stopped publishing says Stark, Braman interview this week’s headline
The Sun Post is on the newsstands on Miami Beach and it is a welcome return as overall the media presence is receding, with reductions occurring through out the industry. I contacted a paper representative last week and the paper’s managing editor Kim Stark wrote, “We never left. That was all rumor and innuendo by the [Miami] New Times. We have never not published an issue in 35 years of my family running the company,” she said in the e-mail. For more on the paper online go to www.sunpostweekly.com
>>> Poll release: Zogby Interactive: 31% of Voters Say Negative Ads Decrease Their Interest in Voting 62% Say Ads This Year More Negative Than in Past
Thirty-one percent of voters say that negative campaign advertising makes them less interested in voting and 62% say ads this year are more negative than in other years. These results come from a Zogby Interactive poll of 2,070 likely voters conducted from Oct. 22-25. Seventy percent of Democrats say 2010 political ads are more negative than previous years, compared to 61% of independents and 55% of Republicans who feel the same. That perception increased with age, peaking at 74% of voters over 65 who say that political ads are now more negative. Please click the link below to view the full news release on our website: http://www.zogby.com/news/ReadNews.cfm?ID=1907
>>> If you believe it is important to have someone watching your public institutions consider supporting the Watchdog Report for no money came in over the last week and I do have to live, thank you! Further, I have been honored over the years by being named a WFOR-4 Hometown Hero in 2000, being profiled in a major way by The Miami New Times, The Miami Herald, and the Orlando Sentinel which ran as a nationwide story on me in the Tribune papers on Jan. 2003 and UNC Chapel Hill naming me one of the top columnists in Florida in a multi-state study of the media back in 2004. I also thank Joseph Cooper for the opportunity to be on the WLRN/NPR showTopical Currents on www.wlrn.org since 2000, including yearly election coverage since then, and also the opportunity to be on Helen Ferre’s show Issues on issues@wpbt.org numerous times over the past decade.
>>> See what was said about the Watchdog Report in the Miami New Times 2003 — Best of Miami — BEST CITIZEN — Daniel Ricker –
Three years ago, we said Ricker was our Best Gadfly. Given his dedication and perseverance, this new honor, Best Citizen, is well deserved. Ricker goes to 2500 mind-melting meetings annually, from the Public Health Trust’s purchasing subcommittee to the Efficiency and Competition Commission to the Alliance for Human Services’ nominating council to the school board’s audit committee. Sometimes he’s the only public observer. Object: to be the Public Citizen for all those out there who can’t attend, and to connect and serve as an information bridge among the special-interest-dominated Miami-Dade governmental institutions that seem so problematic and indifferent to the democratic process.
This month his e-mail newsletter, The Watchdog Report, celebrates its fourth anniversary. In a former life, Ricker made a handsome living as an international salesman of heart pacemakers. As the hard-working publisher of Watchdog Report, though, he’s struggling financially — this despite the fact that his weekly compendium of meeting summaries, analysis, interviews, and commentary has become essential reading for anyone involved in public affairs. What his written work may lack in polish, it more than makes up for in comprehensiveness. So raise a toast to the man whose official slogan says it all: “A community education resource — I go when you cannot!”
FLORIDA
>>> Sink & Scott duke it out on the airwaves but in such a tight race what role will “cheater” gaffe play on Nov. 2
Alex Sink (Net worth $9.22 million) Thursday afternoon had a go to the polls event at Scotty’s Landing next to Miami City Hall in Coconut Grove and her political support group included a host of high-powered Democratic and crossover Republican politicians. The group included U.S. Sen. Bill Nelson, D-FL, state Sen. Dan Gelber, D-Miami Beach (Net worth $990,000), state Rep. Luis Garcia, D-Miami Beach, and Republicans included state Sen. Alex Villalobos, R-Miami, and former Mayor Joe Carollo. Miami Commissioner Marc Sarnoff (Net worth $2.17 million) kicked off the event with Commissioners Richard Dunn, II and Willy Gort (Net worth $185,000 in June 2000) also in attendance that on completion had a few of the people going to the early voting poll site at city hall. Sink the Democrats champion for governor against Republican Rick Scott (net worth $218 million) is neck and neck in the polls with the former healthcare executive, but a gaffe last week in a debate, has given Scott and his supporters a new rallying cry. “Cheater,” said some of the Scott supporters on the other side of a boat ramp, after campaign staffer Brian May had a makeup-artist take a message to the candidate www.miamiherald.com on a Druid phone violating the debate rules about incoming messages last week.
Scott picked-up on this, Mays was fired from the Sink campaign, but the story was covered on national news subsequently, given the tightness of the race, and time left. This action I call the May’s Effect, where at such a late date in the race, this could be the small thing that grants Scott along with the Republican voter turnout surge that is expected and showing up in early voting returns allowing him to possible win with a half to one point edge in the end. Sink has rebounded since the incident and after campaigning at Versailles restaurant and Jackson’s Soul Food Friday, she headed over to Miami Beach and swung by Joe’s Stone Crab, on South Beach to work the voters eating lunch at the establishment. Sink with her entourage after working the restaurant’s dining room went to the take out operation next door to see what was going on over there before departing the iconic restaurant.
What about Sink and the Grove?
Sink, said she used to live in Yacht Harbour a condominium in the Grove and her husband Bill McBride kept a small powerboat at the marina down the street he said.
What about the candidate’s relationship with the press?
Sink, after being stiff with the press over the past four-years, as CFO has gotten more relaxed in her conversation with the media but Scott still stonewalls and never does a press gaggle and in the past former Gov. Jeb Bush has stepped to the podium to answer reporter’s questions after a debate. However, Scott if he prevails, will find this method does not work in a public political office and the Fourth Estate is part of the fabric of our nation and let’s hope he comes to that realization, since this job is unlike anything he has ever done in the past.
Anything unusual happen at Joe’s?
By accident, U.S. Labor Sec. Hilda L. Solis was at Joe’s at the same time Sink was there and at first, it seemed she was campaigning for Sink, but she was “not part of the group,” said a staffer. The Watchdog Report talked with her briefly and when I asked where she was from. The secretary confirmed on Feb. 2009 to the cabinet position, said from California where she was a congressional representative before being named to the President Barack Obama administration.
>>> Press release: Gov. Crist taps Miami-Dade County Judge Beth Bloom of Miami Beach to the Eleventh Judicial Circuit Court.
“Beth has enthusiastically served the Miami-Dade community from inside and outside the courtroom, consistently working to help people understand our judicial system,” said Governor Crist. “Her ability to bring many individuals together to achieve a common goal will benefit the circuit court, as well as the people of Miami-Dade County.” Judge Bloom, 48, has served on the Miami-Dade County court since 1995. Previously, she practiced with Floyd, Pearson, Richman, Greer, Weil from 1988 to 1994. She received an associate’s degree from Broward Community College, a bachelor’s degree from the University of Florida and her law degree from the University of Miami School of Law. Bloom will fill the vacancy created by the retirement of Judge Margarita Esquiroz.
>>> Governor Charlie Crist today announced the following appointments:
Commission on Capital Cases:
Judge Charles Harris, 75, of New Smyrna Beach, senior judge, succeeding Judge Leslie Rothenberg, appointed for a term beginning October 28, 2010, and ending August 25, 2013.
Judge Jeffrey Swartz, 61, of Miami, attorney, succeeding Judge Paul Hawkes, appointed for a term beginning October 28, 2010, and ending August 25, 2013.
MIAMI-DADE COUNTY
>>> Recall signature certification likely with 90,000 submitted, Mayor Alvarez goes on the offensive; Braman responds this “is not personal”
Billionaire Norman Braman did it when it comes to getting the 53,000 signatures needed to get a recall of county Mayor Carlos Alvarez (Net worth $1.74 million) on a future ballot achieving a cool 90,000 signatures in 14-days to give the drive a “cushion.” Braman on Monday announced the landmark number at a news conference in the late afternoon at his auto dealership on Biscayne Blvd. and he continues to get new supporters as reported in the past and now includes Miami Beach Commissioner Jonah Wolfson. The auto magnate said Alvarez is “trying to make this personal” and insists that is not the case at all. He just wants to give voters a chance to weigh-in on this and Braman has no interest in running for office himself, he said.
What is the county Mayor Alvarez doing about the recall effort?
Alvarez has lawyered up, formed his own PAC and is hitting the Spanish airways but it is unknown how his offensive is going since many of his hard core supporters are now in the opposition, the older Cuban American voters. Further there was a support demonstration last Saturday near Braman’s storefront getting the signatures, with about 100-people attending the event that had Alvarez supporters wearing yellow tee shirts that said “Don’t Trust Braman” and others said “Miami-Dade Stands behind our Mayor,” and included one mayoral staff member and his father, a prominent business owner and campaign raiser for Alvarez in 2004 and 2008.
>>>Press release: MAYOR CARLOS ALVAREZ STATEMENT REGARDING NORMAN BRAMAN’S NEWS CONFERENCE
“I have always been preparing for an election and campaigns are great opportunities to cut through misinformation and get to the truth. As a 50-year resident of Miami-Dade County and a 34-year public servant, I care very deeply about this community and the people who call Miami-Dade home. I remain committed to serving the people of Miami-Dade County to the best of my ability until my term ends.”
>>> Past WDR: What is the down side of the recall?
I have been thinking about the downside of this recall effort and there are three scenarios that could play out in the future. First, what if Braman is unsuccessful in getting the 52,000 signatures that if done wrong could land the person getting the forms signed and notarized up to 60-days in jail, though I believe that number will be achieved since a professional organization is doing the signature gathering. The second is what if Alvarez prevails and is not recalled after this Herculean effort that will likely never occur again in South Florida, given the cost and risks in such a maneuver. And third is if Alvarez is removed, the county commission has 60-days to call an election or appoint someone by commission vote, and that appointment, would probable take place using the argument of avoiding another $5 million election cost, since the term ends in 2012 anyway. But an appointment opens a whole new bag of political issues and insider moves on the commission that I almost cannot contemplate at this time.
Further, a failed recall would eliminate any sort of citizen governor on keeping their elected officials in line since they run district wide, not countywide and that structure has successfully kept incumbents in office since 1994, unless they were arrested or just keeping the seat warm until new elections were held. Commissioners correctly note that elections every four–years do occur but the threat of a recall is the only emergency parachute voters have otherwise in case some politician really goes rogue, and the general public and county voters should watch this process play out very closely. For it could effect the political landscape for decades to come as Democracy in action unfolds in Miami-Dade in the months ahead.
>>> M-DC Ethics Commission press release and rulings
>>> A former official of the Miami-Dade Animal Services Department has settled a complaint (C 10-23) levied against her. Raquel Cruz-Pino was a Code Enforcement Collection Manager when she was accused of violating the Conflict of Interest and Code of Ethics Ordinance for continuing to use a County pool vehicle as a “take home” car after being instructed to turn it in. As part of the negotiated settlement, Cruz-Pino agreed to pay a fine of $500 and restitution of $1,143.69 for County gasoline and payment of tolls. Another charge – using her position to cancel citations for failing to vaccinate and obtain a license tag for her dog – was dismissed as part of the agreement.
>>> Probable cause was found that two people who registered to lobby in Miami-Dade County in 2007 didn’t file Lobbyist Expenditure Statements as required by July first of the following year. After failing to respond to reminders and notices sent by the County Clerk’s office and the Ethics Commission, complaints were filed against Domenic Massari (C 10-32), who represented SolarDiesel Corporation, and Willis Howard II (C 10-37), who registered as a lobbyist on behalf of North Miami Outdoors, Inc. In a similar case, Eric Jackson (C 10-28), who registered as a representative of Telefax Medical, submitted his form for 2007 and paid $250 dollars to settle the complaint.
>>> The Ethics Commission issued two opinions related to URS Corporation, which contracts with several Miami-Dade County departments. In RQO 10-26, the company asked if it may bid on design services for runway renovations at Miami International Airport, even thought URS has been asked to develop the project book that specifies the work being sought. The Ethics Commission opined that the Conflict of Interest and Code of Ethics Ordinance permits URS to prepare the project book and bid on the solicitation, as long as the firm doesn’t take part in evaluating the bids. In RQO 10-27, VM Construction, Inc., which is proposing to design and build chlorination and emergency generation systems at two water treatment plants, asks if a former employee of URS may serve on the project team. URS worked on designs for similar plants for the Water and Sewer Department in 2007, but the engineer did not perform any work on the design criteria. The Ethics Commission ruled he does not have a competitive advantage over any other proposer and, therefore, may be included with the team proposing a bid on the new project. >>> The Ethics Commission was created in 1996 as an independent agency with advisory and quasi-judicial powers. It is composed of five members, serving staggered terms of four years each. Through a program of education, outreach and enforcement, the Commission seeks to empower the community and bolster public trust.
>>> Press release: GMCVB: For the months of January – September 2010, Greater Miami and the Beaches showed increases vs. 2009, ranking #3 in Average Daily Room Rate at $146.08, and #3 in Revenue Per Available Room (RevPar) at $102.41, and #4 in Hotel Occupancy at 70.1%, among the Top 25 Markets in the U.S. Smith Travel Research compares the top markets in the United States based on Occupancy, Average Daily Room Rate (ADR) and Revenue Per Available Room (RevPar).
| Hotel Average Daily Room Rate
(January – September 2010) |
||
| TOP U.S. MARKETS: | $ | % Change vs. 2009 |
| #1. New York | $217.06 | +7.6% |
| #2. Oahu Island | $147.32 | -1.7% |
| #3. Miami | $146.08 | +2.7% |
| #4. Washington | $143.17 | -2.2% |
| #5. Boston | $139.91 | +1.6% |
| Revenue Per Available Room
(January – September 2010) |
||
| TOP U.S MARKETS: | $ | % Change vs. 2009 |
| #1. New York | $175.59 | +14.7% |
| #2. Oahu Island | $115.39 | + 6.8% |
| #3. Miami | $102.41 | +10.9% |
| #4. San Francisco | $102.19 | +8.0% |
| #5. Washington | $99.60 | +1.7% |
| Hotel Occupancy
(January – September 2010) |
||
| TOP U.S MARKETS: | % | % Change vs. 2009 |
| #1. New York | 80.9% | +6.6% |
| #2. Oahu Island | 78.3% | + 8.7% |
| #3. San Francisco | 76.2% | +6.1% |
| #4. Miami | 70.1% | +7.9% |
| #5. Boston | 70.1% | +11.9% |
The Hotel Room Occupancy, Average Daily Room Rate and RevPar our hotels are able to command based on the popularity of the destination and the outstanding hotel and service product we feature continues to be among the highest in the nation showing continuing high demand for travel to Greater Miami.
>>> Press release: $23.4 MILLION IN FLOOD INSURANCE POLICY DISCOUNTS MADE POSSIBLE BY MIAMI-DADE COUNTY
Thanks in part to efforts from the Miami-Dade County Department of Environmental Resources Management (DERM), County residents saved over $23.4 million on flood insurance in 2009. These savings represent an average of $100 on flood insurance premium reduction per unincorporated Miami-Dade flood insurance policy. These total savings were provided to Miami-Dade property owners because the Federal Emergency Management Agency (FEMA) gave the County a rating of five (5), on a scale of one through ten, in the Community Rating System (CRS) Program for the 2009 certification period. This is a remarkable accomplishment for the County, because from a total of 1,055 CRS participating communities nationwide only six communities have a better CRS rating than Miami-Dade County. Also, when it comes to the total amount of dollars in savings, we are one of the top communities participating nationwide in the CRS Program.
“I am proud of the work we have done which has enabled us to obtain this significant flood insurance discount for the property owners of Miami-Dade County. We have been able to maintain this excellent CRS classification for the past seven years,” said Carlos Espinosa, DERM Director. “Any savings that we are able to pass on to our residents is extremely important to us, especially during the current tough economic times. We will continue to work with Miami-Dade Public Works and other agencies to improve our local stormwater flood control system in order to maintain a good rating from FEMA and provide this flood insurance premium reduction to our community,” added Mr. Espinosa.
Miami-Dade County received an excellent CRS rating of five (5) from FEMA in part due to its efforts to improve and maintain the local stormwater flood control system. This system is comprised of more than three million linear feet of stormwater drainage piping, over 80,000 catch basins, and more than 180 miles of secondary canals. The current County CRS rating results in a 25% discount on flood insurance premiums for properties in special hazard flood areas of unincorporated Miami-Dade County. Premiums for properties outside the special hazard flood zones receive a 10% discount. >>> For more information on the Miami-Dade County CRS Program, please contact DERM’s Water Management Division at 305-372-6466 or log onto www.miamidade.gov/derm. For questions about flood insurance coverage and rates, residents can call 1-800-427-4661 or visit www.floodsmart.gov.
BROWARD COUNTY
>>> All voters have to do is vote yes to ethics & IG charter reform changes for a better county Nov. 2
The issues are teed up on the ballot when it comes to creating an ethics commission and inspector general for Broward County and for the 31 municipality’s residents, the only question is if voters have had enough when it comes to public corruption and conflicts of interest with their public officials. County voters are being asked to approve some charter changes that would allow county ethics codes to “prevail” in the municipalities, and the creation of an office of inspector general, like is found in Miami-Dade. Further, a third question would bring the sheriff, property appraiser, supervisor of elections and clerk of the court under the “county’s ethics code.” Broward elected officials have been stung be a series of arrests and convictions in state and federal courts over the past 18-months and these charter amendments are the result and while the Watchdog Report usually does not make endorsements on issues. On these charter changes concerning ethics and the creation of an inspector general. I would vote yes, for the oversight is needed in the state’s second most populous county that does not get the critical scrutiny that it is due, and this legislation would help begin the transformation of Broward into a better and more ethical place for elected leaders and residents alike who believe in good, honest and transparent government.
>>> Thank you for using the Broward County Commission Agenda E-mail Notification System. A new Broward County Commission Agenda is available. Point your browser to http://www.broward.org/commission/welcome.htm to view the new agenda.
PALM BEACH COUNTY
>>> Press release: Woman sentenced on charges of forced labor and alien smuggling
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Anthony V. Mangione, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations, Miami Field Office, Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, and Delsa Bush, Chief, West Palm Beach Police Department, announced that Veronica Martinez, of Palm Beach County, was sentenced today on charges of forced labor and alien smuggling. U.S. District Court Judge Donald M. Middlebrooks sentenced Martinez to 87 months in prison, to be followed by 3 years of supervised release. This investigation began in March 2010 when the National Human Trafficking Resource Center received an anonymous call about suspicious activity taking place at a trailer home and bar in West Palm Beach. The caller reported that two females were brought to the United States by an alien smuggler and forced to work at a bar to pay off their smuggling debts.
FBI agents responded to the trailer home and located two female Honduran nationals. The women reported that Martinez arranged for them to be smuggled into the United States through Mexico in the spring and summer of 2009. Martinez initially told the women that it would cost about $6,500 for the smuggling venture. Martinez also told the women that upon their arrival in the United States, they would clean houses and provide daycare services to repay their smuggling debt. When the women arrived in the United States, Martinez forced the women to work at a local bar to repay their debt. The women were instructed to talk, dance and drink with the male customers in exchange for money. On several occasions, the male customers paid the victims to touch them. The victims allowed the customers to touch them in order to repay the monies that Martinez demanded. The victims worked at the bar four nights per week for eight to eleven hours per night. After every shift, the victims gave Martinez all the money they earned to repay their smuggling debt and their daily living expenses. To compel their compliance, Martinez threatened to get the money from the victims’ mother if they did not pay. Approximately one week after the forced labor began, Martinez told the victims, without explanation, that their smuggling debt increased to $12,000. On July 23, 2010, Martinez pled guilty to two counts of alien smuggling, in violation of Title 8 U.S.C. 1324(a)(1)(A)(i), and two count of forced labor, in violation of Title 18 U.S.C. 1589(a)(2). She admitted that she illegally smuggled the victims into the United States, and forced them to work at a bar to pay off their smuggling debts. >>> Mr. Ferrer commended the investigative efforts of the FBI, ICE’s Homeland Security Investigations in Ft. Lauderdale, Palm Beach Sheriff’s Office and the West Palm Beach Police Department. This case was prosecuted by Assistant U.S. Attorneys Mark Dispoto and Corey Steinberg. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
HILLSBOROUGH COUNTY
>>> Press release: Gov. Crist taps Diaco for Tampa-Hillsborough County Expressway Authority (Senate Confirmation Required)
Stephen C. Diaco, 41, of Tampa, managing partner with Adams and Diaco P.A., reappointed for a term beginning October 27, 2010, and ending July 1, 2014.
GULF COUNTY
>>> Press release: Gov. Crist appoints Timothy McFarland of Port St. Joe to the Gulf County Court.
“Tim is a life-long Florida citizen who has always shown a commitment to his community, his work and his family,” said Governor Crist. “As a county court judge, I am confident he will serve with sound legal judgment, patience and fairness.”
McFarland, 42, has been a sole practitioner since 1995. Previously, he was an attorney at J. Patrick Floyd from 1994 to 1995 and at Conrad, Scherer & Jenne from 1993 to 1994. McFarland received his bachelor’s degree from the University of Southern Mississippi and his law degree from Nova Southeastern Law School.
McFarland will fill the vacancy created by the retirement of Judge Fred Witten.
COLLIER COUNTY
>>> Press release: Gov. Crist taps five for Southwest Florida Regional Planning Council, Region 9 (Senate confirmation required)
Pat Carroll, 57, of Naples, Collier County School Board member, reappointed for a term beginning October 26, 2010, and ending October 1, 2011.
Mel Karau, 77, of Fort Denaud, retired, reappointed for a term beginning October 26, 2010, and ending June 23, 2012.
Felipe Colón, 29, of Sarasota, financial advisor, Wells Fargo Advisors, succeeding David Farley, appointed for a term beginning October 26, 2010, and ending October 1, 2012.
Michael Grant, 61, of Port Charlotte, president, Grant Medical Transportation, succeeding Alan LeBeau Sr., appointed for a term beginning October 26, 2010, and ending October 1, 2012.
Shannon Hall, 69, of Moore Haven, retired, succeeding Edward Elkowitz, appointed for a term beginning October 26, 2010, and ending October 1, 2012.
MIAMI-DADE PUBLIC SCHOOLS
>>> Press release: M-DCPS AWARDED $100K FEDERAL GRANT FOR CITIZENSHIP EDUCATION PROGRAM
Miami-Dade County Public Schools (M-DCPS) was among 75 organizations from 27 states to be named a winner of a $100,000 grant from the U.S. Citizenship and Immigration Services’ (USCIS) Fiscal Year (FY) 2010 Citizenship and Integration Grant Program. A total of $7.8 million in grants will be distributed to promote citizenship education and immigration integration across the country.
The program called “Fast Track to Citizenship” will service a minimum of 250 participants through the citizenship education component and the naturalization application preparation component. The project will provide assistance with the naturalization application and intensive citizenship instruction for targeted lawful permanent residents (LPRs), who have submitted their naturalization application and are ready to apply, or will be ready to apply within a year.
“Fast Track to Citizenship, is a great opportunity to enhance classes currently being offered by the District to prepare students for the naturalization process,” said Dr. Joanne H. Urrutia, Administrative Director, Division of Bilingual Education and World Language for Miami-Dade County Public Schools. M-DCPS’ Adult Education Program will offer the program at three locations (north, south, and central) where large numbers of LPRs reside. >>>Through this competitive grant program, USCIS seeks to expand citizenship preparation programs for LPRs to ensure that those committed to the goal of U.S. citizenship receive the support they need to be successful. Increased opportunities and additional resources in communities will help LPRs improve their English language skills and knowledge of U.S. history and government as they prepare for citizenship. To learn more about Fast Track to Citizenship, call Dr. Beatriz Diaz at 305-579-0340. For information on the FY 2010 Citizenship and Integration Grant Program, visit www.uscis.gov/grants.
>>> Press release: EXPERIENCED TEACHERS WANTED — Are you an experienced teacher? Do you want to work in a profession where the rewards are priceless? Miami-Dade County Public Schools has just the opportunity for you. Biology, chemistry, physics, and science teachers are needed at schools across the District. You must be highly qualified and have a valid State of Florida teaching certificate. Other requirements may apply. To learn more about how you can teach in Miami-Dade County Public schools, visit www.jobs.dadeschools.net and select Recruitment Information.
PUBLIC HEALTH TRUST
>>> Sayonara VP Lucas, procurement czar at county & PHT, has tried to be a straight shooter for almost a decade
Theodore “Ted” Lucas, the PHT’s top procurement officer is leaving to go back to his home state of Washington and after almost a decade either with the county or at Jackson. He has done a yeoman’s job reducing the political impact of external forces on an organization that spends about 20 percent of its $1.9 billion budget on medical supplies and services. Lucas was selected by Miami-Dade County in the early 2000s after a national search was done, and the county was reeling from either bad contracts or political interference in the purchasing process. I attended the candidate interviews at the time and assistant county Manager Alina Hudak chaired the committee. Lucas came from the Panama Canel Zone, is an attorney as well and he brought professionalism to the important post, where every vendor wants to be your friend.
In one case, Jorge and Carlos de Cespedes, the founders of Pharmed were trying to get a big contract with the hospital to save their unraveling company that eventually went bankrupt, and the two men got nine years in federal prison for Medicare fraud and tax evasion. The public meetings with the company’s representatives and Lucas were open to the public and one time I showed up, another time it was the inspector general’s representative, and a third had an ethics commission investigator attending. However, at the end all three of us attended this obscure meeting and despite having a county commissioner on their payroll. The men were thwarted in their efforts to cut a sweet heart deal with the second largest public hospital in the nation and back then, Jackson bought over $300 million in medical supplies.
>>> BCC vote taking PHT trustee Ishoof off board a tragedy, and shows flaw in process
A tragedy took place when the Board of County Commissioners voted on the slate of new PHT trustees, when they cut incumbent trustee Saif Y. Ishoof from the 17-member board when he was short a couple of votes. Ishoof, the director of City Year, a organization that sends young educators for a year (and featured in a column today in www.miamiherald.com ) into public schools to help children advance their education has been a outstanding trustee, diligent and engaged, though because his wife gave birth last year he missed a number of meetings. However, because Commissioner Javier Souto (Net worth $790,000) and Joe Martinez (Net worth $245,000) were not there for the vote. Ishoof was edged out when it came to the final five trustees garnering the most support on the dais and can only be described as another Miami Moment, where someone with a real commitment gets the heave-ho by elected leaders via the process.
Ishoof’s past year’s attendance record to PHT board meetings was not the best, but he is an example of how flawed the process overall is. For, in the past, a very weak incumbent candidate with a poor attendance record was easily returned to the PHT board and it appeared at the time the county commission actually condoned low performance of trustees as long as they were politically connected like this board member. Who when he first applied, the application he submitted included a letter of support from then Gov. Jeb Bush who would have gone ballistic if he had seen this person perform and his constant use of a Blackberry during all the different meetings during his first three-years on the prestigious public board.
>>> The Board of County Commissioners on Oct. 19 voted PHT incumbent trustees Angel Medina Jr., and Gladys Ayala back on to the board with Ayala having a shorter term before needing to reapply. And commissioners confirmed new trustees Stephen Nuell, Mark Rogers M.D., and Robin Reiter-Faragalli for three-year terms on the 17-member public board that includes two voting county commissioners.
>>> Ethics Commission press release: A sales manager for a drug company requested an exemption from the requirement that she register as a lobbyist and a refund of the annual fee. Lizzette Torrico says she meets with physicians and other health care professionals associated with the Public Health Trust to educate them on the use of medications produced by Hill Dermaceuticals, Inc. The Ethics Commission opined (in RQO 10-28) that the Conflict of Interest and Code of Ethics Ordinance’s definition of a lobbyist, which includes anyone who seeks to influence purchasing decisions, encompasses sales representatives such as Torrico. Commissioners determined she is not entitled to a refund of the registration fee. However, because Torrico just received admittance to JMH, but can’t get appointments with the medical staff before the end of this year, they will recommend that the County Clerk carry over the lobbying fee of $490 to 2011.
CITY OF MIAMI
>>> Local Charter School application brings out big lobbying guns Diaz de la Portilla & state Rep. Fresen
The Miami Commission meeting ended at 1:35 a.m. Friday morning after a marathon session that included a number of controversial zoning hearings that caused the meeting to stretch late into the night. However, one item caught my eye and it is not the question of zoning for a charter school but whom the lobbyists were in trying to get the ruling approved. Former County Commissioner Miguel Diaz de la Portilla, now expected to replace his brother Alex in District 36 in the Florida senate, after the Nov. 2 election. He faces only a write in candidate on the ballot and he led the charge and arguments in front of the commission and along with him was state Rep. Erick Fresen, R-Miami (net worth $330,000). The two time county mayoral candidate last losing in 2004 that ultimately had Mayor Carlos Alvarez getting the top county spot has been flexing his lobbying muscle over the past few months up to the election, is a major player at the county as well, and highlights a beef the Watchdog Report has had over the past decade with elected leaders, who then work for vendors as lobbyist in front of these smaller elected legislative body’s.
Diaz de la Portilla, an attorney, on the city web page is registered with 16 different organizations and Fresen is signed up with one client. The Brickell Preparatory School, as a land use consultant say the city registration forms after he paid a $525.00 initial lobbying fee and another $105.00 for the specific organization, and because of new legislation. He will have to attend an ethics and conflict of interest class per the city’s new ethics ordinance pushed by Commissioner Marc Sarnoff at the beginning of the year. What these two men are doing is legal and since it is a citizen legislature, paying in the low $30,000 range it is understandable but it blends the lines a little and that line needs to be painted a bright red. If they are to serve the public in the honorable manner they profess, because they will also be representing firms and organizations in front of these elected bodies that deal with state issues daily, and legislation under consideration within the Florida legislature, which is quite a hammer on local counties and cities if you are in these type of official positions with the state legislature.
Diaz de la Portilla
Fresen, profiled last week in the Watchdog Report before being elected in 2008 was a staff aide to Alex Diaz de la Portilla, R-Miami (Net worth $31,643) and works as a land use consultant. He is also a possible candidate for the Miami-Dade Republican Party chairmanship after the election and another name in that regard has surfaced, state Rep. Anitere Flores, R-Miami (Net worth $163,000) who was first elected in 2004. She is an attorney, works at FIU and is expected to win her Republican drawn District 38 senate seat but is facing Democrat Les Gerson Nov. 2.
State Rep. Flores
>>> Gibson Park groundbreaking missing one person, former Miami Commissioner Thelma Gibson
A groundbreaking event at the Rev. Theodore Gibson Park recently done with much fan fair and the project is substantial but one expected guest was not there, former Miami Commissioner Thelma Gibson. I asked some of the participants about the issue and the general consensus was it might have been an oversight but Mayor Tomas Regalado in his speech at the event gave her some recognition but someone should contact the educator and nurse who also served on the PHT board as a trustee and apologize if Gibson was not invited to the special event at the park bearing her husband’s name.
>>> Miami CRA press release: One of Miami’s Most Historic Parks is Set to Receive a Complete Makeover
Southeast Overtown/Park West CRA sponsored Project will be largest Park Renovation and Construction in the History of Overtown Community—
Miami Mayor Tomas Regalado, Southeast Overtown/Park West CRA Chairman Richard P. Dunn, Omni CRA Chairman Marc D. Sarnoff, and Midtown CRA Chairman Francis Suarez will joined CRA Executive Director Pieter Bockweg, Miami-Dade Commissioner Audrey M. Edmonson, City of Miami Capital Improvement Projects Director Alice Bravo, and members of the Homeland Defense Neighborhood Improvement Bond board for the groundbreaking of a massive makeover of Overtown’s historic Gibson Park.
“Generations of Overtown residents have grown up with Gibson Park at the heart of our community,” says SEOPW Chairman Dunn. “Obviously, over 50 years of use have taken a toll on the park. This CRA sponsored project ensures that current and future Overtown residents will be able to enjoy a beautiful multi-use park for generations to come,” adds Chairman Dunn. “The residents of Overtown deserve an upgraded and beautified Gibson Park. I commend the SEOPW CRA for moving forward with this project that will improve the quality of life for Overtown Residents,” says Mayor Regalado. >> Project Facts -Scope: Demolition of existing park facilities including Recreation Building, play-courts, pool and utility building. Provide new sports field with artificial turf, upgraded sports lighting, 1,000 seat covered bleachers and press box. Build new aquatic center with new pool, restrooms, showers, lockers and pump building. Construct a new 6,600 sq. ft. recreation building with administrative and fitness spaces; a new open picnic area with pavilions, play areas and other park amenities. A new covered walkway will connect the recreation building to the existing library. In addition to improvements to NW 12th Street to include the landscape and drop-off area. The project is to meet LEED Silver standards. Design-Builder: Recreational Design & Construction -Expected Completion Date: Early Spring 2012 – Project Cost: $9,645,278
>>> The following e-mail was sent to (now former) Mayor Manny Diaz using his e-mail address on his extensive city web-page on Sept. 13, 2008 at 9:38 a.m. and to date there has been no answer from the mayor. It currently goes to his new e-mail address.>>> “Mayor Diaz, I wanted to ask you in the chamber today but not in front of Chair Joe Sanchez. My question is where did the extra $400,000 in the 2007 disclosure form come from? I will run what ever you respond unedited but I would appreciate closing this issue, as I am sure you do. Sorry but I have to ask. Best to all. Dan” >>>> The Watchdog Report through Dec.7 has yet to get a response or catch-up with Miami Mayor Manuel Diaz on where he got the extra $400,000 in cash listed in his 2007 financial disclosure forms. To see what CBS 4 reporter David Sutta’s take on this issue and the other city leaders financial disclosures go to cbs4.com Blogs . >>> Readers should stay tuned and catch the meeting on the city’s cable station channel 77. >>> Stream Channel 77, for all City of Miami meetings, (Commission, Village Council meetings, Waterfront, Zoning, PAB, Code, etc. hearings) http://videos.miamigov.com/
CITY OF MIAMI GARDENS
>>>M-DC Ethics complaint against Council member Gilbert dismissed
No probable cause was found to a complaint (C 10-33) filed against a Miami Gardens city council candidate by the loser in the race and was dismissed. Ulysses Harvard accused Oliver Gilbert of violating the Voluntary Fair Campaign Practices Statement by making disparaging remarks while the two were at the North Dade Regional Library during early voting in August, and for wrongly citing an endorsement. Ethics Commission investigators found that the verbal exchange was between the two candidates and could not be considered “campaign materials” and that the endorser in question did agree to support Gilbert.
CITY OF MIAMI BEACH
>>> Ethics commission investigation shows light on city procurement process and role of activist Goldsmith
The Miami-Dade County Ethics Commission released in September a 69-page investigative report concerning a city project being done on the Venetian Island that involved the assistance of a citizen activist advisor, and his role in picking the construction firms. The report indicates there was nothing criminal but there is a blending of lines, when activist William “Bill” Goldsmith was advising Commissioners Ed. Tobin and Deede Weithorn, yet had an unknown business relationship with one of the bidding parties. The Watchdog Report contacted all the elected leaders last week and sent a copy of the report in the e-mail asking for any comment. By deadline, there was no response. Here is the opening few pages of the report written by the Ethics Commission Advocate Michael Murawski and sent to city Attorney Jose Smith and Manager Jorge Gonzalez last month. Media can contact me for the full report in Word
>>> “Subject of Inquiry: The purpose of the above-captioned investigation was to determine, among other things, how the provisions of the City’s Cone of Silence and other procurement rules might apply to a private citizen who, with the apparent approval of the City, participated in various ways in the procurement process. We also examined what relationships existed between the citizen, Bill Goldsmith, a private developer and Miami Beach resident, and firms doing business with the City’s capital improvements and public works agencies. Finally, we examined the propriety of certain communications allegedly engaged in between Goldsmith and certain other individuals during the procurement phase of a project to upgrade infrastructure on the Venetian Islands.
Background: Last year, Miami Beach officials alerted the Commission on Ethics and Public Trust (COE) to concerns surrounding the involvement of a Miami Beach resident, William “Bill” Goldsmith (Goldsmith) in several contract awards for the engineering, design and construction of capital improvement projects, including an $8 million project-upgrading infrastructure in the Venetian Islands neighborhood. The officials expressed concern with the awarding of these contracts to Schwebke-Shiskin & Associates (hereinafter “Schwebke”) and at least one other firm with ties to Goldsmith’s private development company, Gator Investments. Acting on this information, COE’s Office of the Independent Advocate (OIA) opened an inquiry into the propriety of the City allowing a private citizen, Goldsmith, to act as a representative of the City (as an informal consultant), while simultaneously taking an active role in recommending companies such as Shwebke while also claiming to have no financial interest in the matter and to be acting solely in his capacity as a private citizen.
Findings: OIA interviewed the following individuals in connection with the above-captioned inquiry and their remarks are summarized below: Fred Beckmann, Public Works Director; Eleanor Carney; Todd Davis; Carlos Gil; Jorge Gonzalez, City Manager; Mario Gonzalez-Pola; Gus Lopez, Miami Beach Procurement Director; Jose Perez; Al Tello; Ed Tobin, City Commissioner; Deede Weithorn, City Commissioner. An OIA investigator was told by a City official that over the past year, he has observed a pattern of activity on the part of Mr. Goldsmith in which Goldsmith seeks to discredit consulting firms doing business with the City and then seeks to have them replaced by Schwebke or other firms with whom he has a business relationship. These firms include Central Florida Equipment (CFE), a general contractor that has employed Schwebke as a subcontractor on at least two City-funded construction jobs. Goldsmith has been injected into the contracting process with the help of City Commissioners Ed Tobin and Deede Weithorn, whom have taken it upon themselves to “bird dog” a series of capital improvement projects. The official advised that an attempt to have Schwebke replace the existing A&E firm on Sunset Islands – where Goldsmith lives – fell short after a City evaluation committee recommended awarding the contract to another firm. (Note: An April 22, 2009, e-mail from Goldsmith confirms that Goldsmith became involved in the Venetian ROW procurement “at the request of Commissioner Tobin and Commissioner Weithorn” as well as Fred Karlton, a one-time city commission candidate and member of the City’s capital improvements advisory board, the Capital Improvements Program Oversight Committee (CIPOC). Another e-mail from Goldsmith on June 4, 2009, makes a similar reference.
The OIA investigator was advised that Goldsmith appears to have been more successful getting Schwebke installed as the City’s consultant for a project to improve infrastructure along the Right of Way (ROW) on Venetian Islands. This was made possible, according to the source, because three members of the Venetian Islands Homeowners Association (VIHOA) served on the City’s five-member evaluation committee, and those three members gave perfect or near-perfect scores to Schwebke (100, 100 and 99). There was concern that Goldsmith may have improperly met with or spoken to members of the VIHOA during the period in which the Cone of Silence was imposed on members of the evaluation committee. It was noted that two City staff members serving on the evaluation committee gave considerably lower scores to Schwebke (86, 67.5) and neither had Schwebke ranked first.
In a follow-up interview on December 1, 2009, the City official raised additional concerns about Goldsmith’s involvement in the preparation of bid documents for the RFQ for improvements to the Venetian Islands ROW. He said Commissioners Tobin and Weithorn tapped Goldsmith to review the City’s specifications for the upcoming RFQ on Venetian Islands. Assistant City Manager Tim Hemstreet served as a liaison between the City and Goldsmith and Goldsmith did submit a number of revisions and recommendations to the City through Hemstreet. The OIA investigator was provided a copy of a handwritten memo from Goldsmith to Hemstreet on Gator Investments
letterhead and dated March 2009 that detailed the suggested changes to the RFQ. The official advised that what most concerned him, however, was that Goldsmith also solicited input from Schwebke and that Schwebke prepared a five-page proposal regarding: “Infrastructure Improvements for Venetian Islands San Marino, Dilido and Rivo Alto, Miami Beach, Florida.” In essence, Schwebke gave Goldsmith an outline for the project and Goldsmith used this information to help the City prepare its bid documents. Schwebke submitted a response to the City’s RFQ for the Venetian Islands ROW project and, based on the favorable recommendation of the evaluation panel, subsequently was awarded a City contract to provide Architecture and Engineering services (A&E). The contract, worth approximately $500,000, was approved at the July 15, 2009 City Commission meeting and work is ongoing. The OIA investigator was asked if COE could investigate whether it was appropriate for Schwebke to serve in this dual capacity – i.e. assisting in the preparation of the bid documents and representing itself as a contractor seeking a City contract on the same project. (Note: The OIA investigator was advised that the norm in the public sector is for a consulting firm to serve in either one capacity or the other, but not both. The County’s ethics ordinance, however, does not specifically address the point especially where, as in the instant case, the “role” or “status” of Goldsmith was not defined vis-à-vis his relationship with the City).
During that same interview, OIA was presented with another scenario in which there was concern about the involvement of Goldsmith. This concerned a contract awarded to CFE at the October 9, 2009, City Commission meeting for drainage work on 44th Street between Royal Palm and Chase avenues. OIA was advised that Ric-Man International (Ric-Man) was already mobilized in the vicinity to install drainage devices, when a resident contacted the City to request additional work on his street. Ric-Man inspected the site and gave the City a range of options costing between $750,000 and $7 million. The City Manager’s inclination was to ask Ric-Man to try the least expensive solution first. However, he said Goldsmith began to complain about Ric-Man’s work and accused the firm of intentionally clogging drainage outflows to generate more work. City staff later investigated these allegations and found them to be unsubstantiated.
The OIA investigator was advised that, at or about this time, Goldsmith approached the City with two price estimates to fix the problem – one for $250,000 from CFE and the second for $360,000 from Sullivan Brothers. Based on Goldsmith’s submittals, the City decided to put the job out to bid instead of using Ric-Man. Bids for such jobs typically generate 15 to 20 responses from contractors, but only four were received. The City’s procurement director told the City Manager that one contractor said his firm did not submit a bid because it was aware of Goldsmith’s involvement and felt it was not worth participating “because of all the politics.” Ultimately, two of the four firms that submitted bids were disqualified – including Ric-Man – this left CFE as the “low bidder” at $626,000. The second firm entered a bid of $723,000. OIA was advised that while both bids were lower than Ric-Man’s original proposal, there was concern that the final cost of the project was more than double what Goldsmith said it would cost and that the City relied on Goldsmith’s advice. It was noted that CFE hired Schwebke to serve as its A&E firm on the job.
On November 6, 2009, OIA interviewed VIHOA President Eleanor Carney, who served on the City’s evaluation committee. She was accompanied by her husband, Greg, who has also been active in overseeing the City’s handling of capital improvement projects in their neighborhood. (Greg Carney advised that it was his suggestion to the City Manager that led to the HOA members being allowed to serve on the evaluation committee.) The Carneys advised that Schwebke was the third A&E firm to work on the Venetian ROW project. The first was Kimley-Horn and Associates, followed by Edwards and Kelcy. They advised that residents have very little faith in the City’s ability to manage the project and noted relations have been contentious. They said residents disagreed with City officials as to whether the grass swales would suffice as drainage or whether artificial drainage devices were needed. They said residents also clashed with officials over whether water lines had been tested for sedimentation, a process known as “couponing.” They claimed that then acting Capital Improvements Director Fred Beckmann (now director of Public Works) misled residents about whether such tests had been performed and that he eventually admitted they had not been. They noted that Goldsmith, who had been advising Venetian residents, hired Schwebke “on his own dime” to oversee subsequent couponing by the City, which they say led to the discovery of widespread corrosion in the drinking water lines. As a result, the City agreed to expand the scope for the project and include the installation of new water lines. They said “Jose” from Schwebke was present during the testing. They said Goldsmith has been “very active on this issue,” and described him as an “irate citizen” and “very outspoken.”
Asked to explain the similarities in scoring among the VIHOA members, Mrs. Carney said she and other VIHOA members were impressed with Schwebke’s knowledge of drainage issues and liked the firm’s confidence in its ability to carry out the project on time and on budget. She said they did not receive similar assurances from other firms. She further stated that their rankings were based on “proposals and presentations.” Carney did state that Goldsmith contacted her after the proposals had been submitted in response to the RFQ and before the final presentations and rankings were made (while the Cone of Silence was in effect)…”
CITY OF CORAL GABLES
>>> The sound and the fury of leaf blower legislation breeds lack of civility in tony city, some suggest, “We have completely lost it,” says Mayor Slesnick
A second reading of a leaf blower ban ordinance pushed by Commissioner Ralph Cabrera, Jr., on Tuesday split city residents and incivility was the order of the day. Cabrera took the issue on about six weeks ago and was first reported in the media in the Watchdog Report back then. Since that time, widespread discussion among the tony city’s residents flew along with hundreds of e-mails to elected leaders from people on both sides of the issue. Some residents thought “we had completely lost it,” said Mayor Donald Slesnick, II during the discussion that had one resident telling Cabrera to come to their neighborhood and “bring a rake,” the upset resident said to Cabrera. Further, Cabrera told the Watchdog Report that an e-mail went out accusing him of pushing the controversial item (attempted once before in the 1990s) because he has no legislative legacy on the body, which Cabrera said was not the case at all.
Cabrera, elected in 2001, along with Commissioner Maria Anderson and Slesnick at the time, said one resident earlier confronted him pointing her finger at him while haranguing the insurance executive and Slesnick after the issue was deferred and sent to a newly created Green Task Force committee for further review and suggestions said. “No matter what our position [on the issue] civility [must] be the order of the day,” said Slesnick.
What did Cabrera say about the whole episode?
Cabrera, an avid cyclist looked drained of emotion after the public hearing and he suggested he might not run again in 2013 for another four-year term, but possible pursuing another elected post in the years ahead he mused.
TOWN OF MIAMI LAKES
>>> Council woman Simon cleared of gift ethics complaint
Ethics commission ruling: No probable cause was determined in a complaint (C 10-35) against Miami Lakes Councilwoman Nancy Simon, who was accused of failing to disclose a gift and engaging in a conflict of interest by voting on the contract for Town Attorney services at the same time the hired law firm was representing her in an earlier ethics complaint. Miami Lake’s Legal Representation Policy provides defense for action taken against office holders in connection with their official duties. Therefore, the Ethics Commission determined that the legal defense could not be considered a “gift,” and since the Town Attorney was authorized by the entire council to represent Ms. Simon, there was no conflict in her vote to continue the contract and the case was dismissed.
SUNNY ISLES BEACH
>>> Candidate Welsh cleared of any campaign violations by ethics commission
A complaint (C 10-36) filed by one candidate for Sunny Isles Beach City Commission against another was dismissed after no probable cause was determined. Jeanette Gatto accused Robert Welsh of violating the Voluntary Fair Campaign Practices Statement by pointing out that certain politicians did not sign the pledge. However, there is nothing in the Fair Practices statement prohibiting that. The complainant also alleges that the wife of Welsh’s former campaign treasurer removed Gatto’s campaign flyers posted between the elevators at Winston Towers. Hilda LoCastro, who is a resident of the building, admitted taking them down, but said she did so because the flyers violated homeowner association rules and there was no evidence that she worked for — or at the direction of — any campaign.
BAL HARBOUR VILLAGE
>>> Former Councilman Jacobi Suspended from Law Practice
Ethics commission press release: A former member of the Bal Harbour Village Council has lost his right to practice law for 91 days, stemming from his failure to disclose rental income and other violations of the Florida Bar’s Rules of Professional Conduct. The order of the Florida Supreme Court against Joel Jacobi originated from a complaint filed against him with the Miami-Dade Commission on Ethics and Public Trust in October 2007 and takes effect today (10/21/10). Jacobi is also being fined $1,475 in costs by the Florida Bar.
Jacobi had served on the council since 2002. The charges state that he neglected to list rent income he earned on the apartment he owned in Bal Harbour and another property in North Miami Beach on his 2005 and 2006 financial disclosure forms. As a result of the Ethics Commission finding in February 2009, Jacobi was ordered to pay more than $3,500 in fines and costs and was issued a Letter of Reprimand. He resigned his council seat in April 2009. Jacobi appealed the Ethics Commission conviction, but it was upheld earlier this year by a County Court appellate panel.
COMMUNITY EVENTS
>>> SOUTH FLORIDA INTERNATIONAL PRESS CLUB – Wednesday Nov. 3 lunch at noon Miami Shores Country Club 100000 Biscayne Blvd. Miami Shores
A DISCUSSION OF THE 2010 ELECTION –THE DAY AFTER! – It seems almost everyone enjoyed the last luncheon when we had an open discussion on Politics 2010. We’ll repeat those impressions the day after the Fall election, led by a speaker who understands the political arena and speaks about it daily to his students. He will lead the discussion and we will enjoy another Q and A session with our speaker, Dr. Sean D. Foreman teaches Political Science at Barry University. He is often quoted in many Florida, national, and international publications, is a regular panelist on local public affairs television, media commentator, and a frequent guest on talk radio programs around the United States. He hosts a weekly political talk show “World of Politics” on WBRY 1640 AM out of Barry University. Dr. Foreman’s research interests include elections, state and local government, racial and ethnic politics, and the politics and economics of sports. He is author of a chapter on Districts 21 and 25 U.S. Congressional elections for the book Roads to Congress 2008 and numerous conference papers on state and local politics. Dr. Foreman is co-editor of the Roads to Congress 2010 book (forthcoming) and is writing a chapter about the Florida Senate election. He earned his M.A. in International Studies and a Ph.D. in Political Science from Florida International University. RSVP to Ron Levitt 954-349-2596 /305 775-2689 or by E-mail to rlanetwork@aol.com or send a check to SFIPC, 2573 Eagle Run Lane, Weston, FL 33327 -MEMBERS, GUESTS (OPEN TO ANYONE INTERESTED) — $22
EDITORIALS
>>> One way or another Democracy is taking a spin with recall of Miami-Dade Mayor Alvarez, but Charter changes should be final goal
With Norman Braman getting the required 90,000 registered voters signatures Monday to put a recall question of Mayor Carlos Alvarez on the Miami-Dade ballot once the county clerk Harve Ruvin (Net worth $1.38 million) certifies the documents, where only 53,000 signatures were needed. For better or worse, this activity has jump-started a process that could lead to true reform, if it is also accompanied by a renewed effort for changes in the county’s Home Rule Charter. Braman wanted to create the “spark” when it came to energizing the county’s voters to demand change, and just the speed of the successful petition effort shows he has tapped into a simmering stew of voter discontent, on how their public tax dollars are being spent, and the perks that come with holding public office at a time average Miamians can barely keep their electric on, their family fed, and their home current with the bank or landlord.
While the Watchdog Report generally tries to do public policy changes with a rifle shot rather than a sledgehammer as some say the recall of the mayor is. The effort has woken some commissioners and the mayor out of their stay the course mode and Alvarez is beginning to fight back on the airwaves and in interviews. It remains to be seen if this counter attack by the mayor of the recall effort is too little, too late, and the issue seems to come with a life of its own at the grass roots level with voters. The issue that sent public sentiment for this effort through the roof has been the $132 million in pay increases to county workers, after the county unions, took salary cuts and a hiatus when it came to certain bonuses over the past two-years, and they are paying a share of some of the benefits they receive, and the county over the last three years has reduced its overall budget by $800 million. But that message has been lost in the conversation that has about half the county’s property tax payers seeing a bump in their taxes that is generating roughly $174 million in new revenue to cover the raises and other obligations like the interest on the $2.9 billion GOB bond passed in 2004.
Now in the future, voters will likely be asked to either retain or remove Alvarez from office but the bigger issue is how can the county Charter be modified to correct some of the shortcomings in the document so that citizens do not have to go to such extremes as a recall, that frankly without Braman’s over billion dollars in net worth, is a difficult proposition for the average disgruntled taxpayer and I suspect will likely not be tried again for decades to come if it fails. And while another group has gotten language to start a ballot recall petition of five of the eight county commissioners that voted on the new $7.3 billion total budget in September. It remains to be seen if they can pull it off not having the organization that Braman put together in such a short time to get the job done quickly and efficiently.
>>> What about elected leaders perks at the local level?
Elected leaders need to realize they must govern by their actions in many ways and I thought of this when U.S. Sen. George LeMieux, R-Fl, pulled up to Miami city hall last week and he was a passenger in a average looking black Nissan sedan, with no security. The same thing recently occurred with U.S. Sen. Bill Nelson, D-FL, and U.S. Rep Ileana Ros-Lehtinen, R-Miami and you see it all the time with many other local state or federal legislators but at the county and in certain cities. Some elected leaders travel with an entourage and people should keep a perspective of the true status of the political office they are holding. For ultimately they are just a caretaker of the office and will eventually be replaced or die and how they did and lived in public office will forever be their legacy, and living the political highlife in today’s world is not where a elected leader wants to be given the “new normal,” that these same leaders lament is now upon local and county government.
LETTERS
>>> Reader on Iron Man race through Grove Saturday until 1:00 p.m.
I hope they don’t repeat it next year. Because of where I live, our road is constantly used for marathons, walkathons, etc… If it’s for a cause, no problem… just deal with the disturbance… but this Iron Man was the worst! I read about the routes, I read that no roads would be “closed”… just traffic. I left early… but still got caught in a never ending circle of detours and roadblocks. I wasn’t the only one who was unhappy… the police looked upset. And, the worst was the man who was missing his flight. There should really be a way for the public to voice opposition.
SG
Miami
>>> Local Legislative chair Zapata runs for autism research and appeals for support
You will be glad to hear that this is my final update on my New York Marathon run for Autism. November 7th is around the corner. As most of you know, my time in the legislature has come to an end. Many of you through your support (financial and other), friendship and long days at the polls are responsible for my serving in the Legislature. Thank you! I make this final appeal for help because I can’t think of a better way to conclude my public service than by furthering a worthy cause. But even more important, I have learned of the many families and friends who have been touched by this condition and it is their courage and compassion to which I dedicate my efforts.
Many of you have been very generous and I can’t tell you how much your donations have meant to me. I’m motivated in every run and its thanks to you. Out of 200 runners I’m the third highest fundraiser and I’m behind the second place guy by $950. So my appeal goes to the procrastinators or those waiting to see if this training was going to kill me (no such luck) or if I would back out (hell no!). I need your help for that final push…please get me into second place and help this worthy cause! http://events.autismspeaks.org/nycmarathon/juanzapata
If you are interested in getting a text update as to the progress on my run, you can also sign up here. http://www.ingnycmarathon.org/athlete_alert.htm I want to thank you all. This has been a great experience and your support, encouragement and comments have made it all that more special. De todo corazon, muchisimas gracias! Thank you!
State Rep. Juan C. Zapata, R-Miami
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The Watchdog Report covers a few of the meetings attended weekly. It remains my belief that an informed public will make better decisions. Therefore, I go to meetings, make the presence of an informed citizen known, and bring the information to you. The Watchdog Report is in the fourth year of publication and it has been an honor to be able to send this information to you. It is sent to readers in Miami-Dade, Florida, the U.S. and the world. The Watchdog Report is sent to thousands free and while readers have been prodded to subscribe the results have been mixed. Over 250 reports and Extra’s have been sent since May 5, 2000 and over one million words have been written on our community’s governments and events. The report is an original work based on information gathered at public meetings, interviews and from documents in the public domain.
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The Watchdog Report is no longer exclusively with The Miami Herald, and excluding the one story a week that is printed in the paper on Monday in the Metro & State section by me. The rest of the 20 or so news stories weekly sent out Sunday in the Watchdog Report are now available to television stations web pages, and all the newspapers and other media in South Florida if the publishers have an interest to run part or all of the stories. Further, in 2000, I used to have some paper’s running the report in the Spanish press, that option is available again, and publishers should contact me. The news content will not be free, but you can pick and chose the stories of interest, edit them if necessary but you must still keep the general story intact. If you are a news outlet and would like to learn more about, the Watchdog Report and this offer contact me at watchdogreport1@earthlink.net for further information.
>>> Here is what past newspapers have written about the Watchdog Report publisher including a survey and regional study done by the U. North Carolina at Chapel Hill on the media in the southeast United States.
>>> The Miami Herald and Orlando Sentinel & Sun-Sentinel articles on the Watchdog Report publisher over the years. >>> Published on September 9, 1999, Page 1EA, Miami Herald, The (FL) CITIZEN ADVOCATE’ KEEPS TABS ON POLITICIANS >>> Published on January 3, 2000, Page 1B, Miami Herald, The (FL) MIAMI-DADE WATCHDOG WILL BE MISSED >>> Published on January 20, 2003, Page 1E, Orlando Sentinel, PAPERWORK TIGER, Miami’s citizen watchdog piles up government files in his quest to keep the “little people” informed.
>>>Watchdog Report publisher named ‘Best Citizen’ 2003 by the Miami New Times —The publisher would like to thank the weekly alternative paper Miami New Times for bestowing their 2003 Best of Miami, ‘Best Citizen’ award to me and I am honored. Thank you. To read the full story go to http://www.miaminewtimes.com/issues/2003-05-15/citylife2.html/1/index.html
From the spring of 2003: U. North Carolina, Chapel Hill: Southeast U.S. Media Report lists Watchdog Report publisher as leading Florida commentator >>> Selected excerpts from the report on Florida’s media sources
Those who do read the newspaper in Florida have a bevy of options for state government and political coverage. The dominant newspapers in the state are Knight-Ridder’s The Miami Herald (Acquired by The McClatchy Company in 2006) and the Poynter Institute’s St. Petersburg Times. Both papers endorsed Gore in 2000 but split on the 2002 gubernatorial race, with the Herald endorsing Republican incumbent Jeb Bush and the Times backing Democratic challenger Bill McBride.
Daniel Ricker of The Miami Herald also writes an influential column as well as an email newsletter called the Watchdog Report that goes out to more than 100,000 subscribers. FEBRUARY 2004 – Florida: Columnists in Abundance —ERIC GAUTSCHI, graduate student, School of Journalism & Mass Communication, UNC-Chapel Hill – D) LEADING COMMENTATORS – Resource Commentator Organization Type Web site –Steve Bousquet St. Petersburg Times Column www.sptimes.com/columns/bousquet.shtml -“First Friday” WPBT TV (Miami) TV Show www.channel2.org/firstfriday/issues.html –Lucy Morgan St. Petersburg Times Column www.sptimes.com/columns/morgan.shtml –Daniel Ricker Miami Herald/Watchdog Report Newsletter –www.miami.com/mld/miamiherald/news/columnists/dan_ricker/ >>> Readers who would like to read the complete University of North Carolina, Chapel Hill Southeast United States Media Report go to view the complete report or download all the data used in this study. >>> Watchdog Report Editor’s note to the NCU/CH study: The subscriber number referenced is incorrect and applies to readership.
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